Traditional Sources of Information

Criminal Investigation, 7th EditionBy James N. Gilbert

PRENTICE HALL©2007 Pearson Education, Inc.Upper Saddle River, NJ 07458

Traditional Sources Traditional Sources of Informationof Information

Chapter 7



OverviewOverview

Human Sources of InformationHuman Sources of Information Voluntary InformantsVoluntary Informants Documentary Sources of Documentary Sources of InformationInformation

Physical Sources of InformationPhysical Sources of Information Privacy Considerations Privacy Considerations Review QuestionsReview Questions Opportunity for Student QuestionsOpportunity for Student Questions



Learning ObjectivesLearning Objectives

Understand the importance of informational Understand the importance of informational sources to the investigative processsources to the investigative process

List and define human information sourcesList and define human information sources Understand legal consideration regarding the Understand legal consideration regarding the

informantinformant List and define documented information sourcesList and define documented information sources Understand privacy considerations that influence Understand privacy considerations that influence

information gatheringinformation gathering Understand federal legislation that has recently Understand federal legislation that has recently

influenced information gathering and record influenced information gathering and record keepingkeeping

Understand the issues pertaining to electronic Understand the issues pertaining to electronic information gatheringinformation gathering

List and discuss the recently developed List and discuss the recently developed scientific aids that have expanded criminal scientific aids that have expanded criminal justice information gatheringjustice information gathering



Human Sources of Human Sources of InformationInformation People are the most frequent source People are the most frequent source of information but they are not of information but they are not always the most reliable source always the most reliable source because:because:– Motivation variesMotivation varies– Accuracy is suspectAccuracy is suspect– Willingness to reveal their knowledge to Willingness to reveal their knowledge to police varies police varies

Most people cooperate with the Most people cooperate with the police through a sense of civic dutypolice through a sense of civic duty



Three Different Types of Three Different Types of Human Sources of Human Sources of InformationInformation

Voluntary informants Voluntary informants Informants with ulterior Informants with ulterior motives motives

Paid informantsPaid informants



Voluntary InformantsVoluntary Informants

Anyone who provides information to the police Anyone who provides information to the police without ulterior motive or payment without ulterior motive or payment

Motivation of the voluntary informant variesMotivation of the voluntary informant varies– Civic responsibilityCivic responsibility– FearFear– General suspicionGeneral suspicion

The information given to police is invaluableThe information given to police is invaluable Information is obtained in three general waysInformation is obtained in three general ways

– Personal cultivationPersonal cultivation– Departmental referenceDepartmental reference– Unsolicited contact (includes anonymous tips)Unsolicited contact (includes anonymous tips)



Informants with Ulterior Informants with Ulterior Motives Motives

Information is provided to the Information is provided to the police for self-serving reasonspolice for self-serving reasons– RevengeRevenge– Arrested suspects in exchange for Arrested suspects in exchange for sentencing or other considerationssentencing or other considerations

– Eliminating criminal competitors Eliminating criminal competitors – Money–called mercenaries who assist Money–called mercenaries who assist the police solely for monetary gain the police solely for monetary gain

The information gathered must be The information gathered must be evaluated for credibilityevaluated for credibility



Paid InformantsPaid Informants Defined: Any individual who receives Defined: Any individual who receives

monetary compensation for information monetary compensation for information In most cases the informant is:In most cases the informant is:

– Actively involved in crime orActively involved in crime or– Has close contacts with those who areHas close contacts with those who are

Commonly used in drug investigationsCommonly used in drug investigations– The bigger the seizure, the more money The bigger the seizure, the more money

the informant will makethe informant will make Small cases (gram level) might be worth only Small cases (gram level) might be worth only

$100 $100 ̶̶ $250 $250 Large cases (multi -ounce through kilo level) Large cases (multi -ounce through kilo level)

can be worth thousands of dollars can be worth thousands of dollars



Paid Informants Paid Informants ((continuedcontinued)) Police are sensitive to the public Police are sensitive to the public sentiment regarding paid informantssentiment regarding paid informants– It is a common practice in federal and state It is a common practice in federal and state law enforcement agencieslaw enforcement agencies

– It is an effective weapon in narcotics, tax It is an effective weapon in narcotics, tax evasion, organized crime, consensual crimes, evasion, organized crime, consensual crimes, and many other criminal enterprises where and many other criminal enterprises where police have few other ways to intervene police have few other ways to intervene

The typical paid informant is a criminal The typical paid informant is a criminal typetype

Former FBI director William Webster Former FBI director William Webster said, “the informant is the single most said, “the informant is the single most important tool in law enforcement.” important tool in law enforcement.”



Managing the Paid Managing the Paid Informant–Federal Informant–Federal GuidelinesGuidelines1.1. When dealing with paid When dealing with paid

informants, a documented record informants, a documented record of payment will be keptof payment will be kept

2.2. Supervisors will conduct frequent Supervisors will conduct frequent reviews of informant activitiesreviews of informant activities

3.3. Police will report all informant Police will report all informant crimes to proper authorities crimes to proper authorities

4.4. A background investigation will A background investigation will be completed on all informantsbe completed on all informants



Managing the Paid Managing the Paid Informant–Federal Informant–Federal GuidelinesGuidelines ((continuedcontinued)) 5.5. Officers will be prohibited from making Officers will be prohibited from making

deals with informants who are seeking deals with informants who are seeking leniency in exchange for informationleniency in exchange for information

6.6. Prosecution officials will review Prosecution officials will review investigations using paid informants for investigations using paid informants for legal adherencelegal adherence

7.7. Officers will obtain the approval of a Officers will obtain the approval of a supervisor before using a paid informant:supervisor before using a paid informant:– Who is under 18Who is under 18– Who is on parole or probationWho is on parole or probation– Who is undergoing treatment for drugs or who is Who is undergoing treatment for drugs or who is

addicted to drugsaddicted to drugs– Who has been convicted of two or more felony Who has been convicted of two or more felony

offensesoffenses



Informant Legal IssuesInformant Legal Issues

Informer privilegeInformer privilege EntrapmentEntrapment

– May exist when police have induced May exist when police have induced an individual to commit a crimean individual to commit a crime

– Prosecution must prove defendant Prosecution must prove defendant was predisposed to commit the was predisposed to commit the crimecrime

Cellmate informants Cellmate informants



To Avoid Entrapment To Avoid Entrapment ̶̶

Three Essential Three Essential PointsPoints1.1. Investigators should be prepared to articulate Investigators should be prepared to articulate a legitimate law enforcement purpose for a legitimate law enforcement purpose for beginning the undercover operationbeginning the undercover operation

2.2. Police should avoid using persistent or Police should avoid using persistent or coercive techniques and instead should either:coercive techniques and instead should either:– Merely create an opportunity or Merely create an opportunity or – Provide facilities for the suspect to commit the Provide facilities for the suspect to commit the

crimecrime3.3. Investigators must document the factors Investigators must document the factors

demonstrating why a defendant was pre-disposed demonstrating why a defendant was pre-disposed to commit the criminal act prior to police to commit the criminal act prior to police contactcontact– Prior arrests Prior arrests – The suspect’s familiarity with drug terminology The suspect’s familiarity with drug terminology – Eagerness to engage in criminal activityEagerness to engage in criminal activity



Documentary Sources of Documentary Sources of Information Information

Documentary informationDocumentary information is any type of is any type of information of a printed nature or data information of a printed nature or data otherwise recorded and stored for otherwise recorded and stored for retrievalretrieval– From within the police agency (internal)From within the police agency (internal)– From other criminal justice agenciesFrom other criminal justice agencies– From sources not connected with law From sources not connected with law enforcement enforcement



Internal Police Database: Internal Police Database: What the What the Master FileMaster File IncludesIncludes1.1. Name and addresses of:Name and addresses of:

– Arrested or questioned personsArrested or questioned persons– Those who have reported an offenseThose who have reported an offense– WitnessesWitnesses– ComplainantsComplainants– VictimsVictims– Any other contacts with the police Any other contacts with the police

2.2. References to crime reports by the name References to crime reports by the name of the reporting party, victim, suspect, of the reporting party, victim, suspect, or by the assigned officeror by the assigned officer

3.3. Reports of all traffic accidents and Reports of all traffic accidents and other traffic contactsother traffic contacts

4.4. A list of names of all suspects having A list of names of all suspects having warrants for their arrestwarrants for their arrest



Internal Police Internal Police Database: What the Database: What the MO MO FileFile IncludesIncludes

Modus operandiModus operandi (MO) file (MO) file Usually housed in the investigation Usually housed in the investigation bureau bureau

Contains linking information to show Contains linking information to show relationships between two or more relationships between two or more different crimes such as: different crimes such as: – Crime type (burglary, robbery, sexual Crime type (burglary, robbery, sexual assault, etc.) assault, etc.)

– Name of criminalName of criminal– Method of criminal operation Method of criminal operation

Time of dayTime of day Target type (age of victim, type of building, etc.)Target type (age of victim, type of building, etc.) Number involved in the crime Number involved in the crime



Criminal Justice Criminal Justice Agencies: Sources of Agencies: Sources of Information Information County sheriff’s: County sheriff’s:

– Jail records (mug shots, booking Jail records (mug shots, booking information) information)

– Investigation recordsInvestigation records Department of Corrections Department of Corrections

– Probation and parole records have a wealth Probation and parole records have a wealth of information on millions of people of information on millions of people

Over 4 million people are currently on Over 4 million people are currently on probation probation

Over 700,000 are on paroleOver 700,000 are on parole Millions of people are former P and P clientsMillions of people are former P and P clients

– Prison recordsPrison records



Criminal Justice Criminal Justice Agencies: Sources of Agencies: Sources of InformationInformation Coroner’s office or Medical Coroner’s office or Medical Examiner Examiner

State bureaus of State bureaus of identification/state criminal identification/state criminal identification repositories identification repositories

State motor vehicle departmentsState motor vehicle departments Federal agencies such as the FBIFederal agencies such as the FBI



The FBI The FBI

The FBI serves as the largest The FBI serves as the largest collector of law enforcement collector of law enforcement records and databases records and databases – National Crime Information Center National Crime Information Center (NCIC)(NCIC)

– The Criminalistics Laboratory The Criminalistics Laboratory Information System (CLIS)Information System (CLIS)

– The FBI Laboratory The FBI Laboratory – The FBI Identification DivisionThe FBI Identification Division– The Combined DNA Index System The Combined DNA Index System (CODIS)(CODIS)



NCICNCIC

Links every state, local, and Links every state, local, and federal law enforcement agencyfederal law enforcement agency– 60,000 authorized users60,000 authorized users– Approximately 1 million daily Approximately 1 million daily transactionstransactions

Database of: Database of: – Wanted Wanted persons (300,000 entries) persons (300,000 entries) – Stolen property (for anything that has Stolen property (for anything that has a serial number such as guns and a serial number such as guns and electronics)electronics)

– Stolen vehiclesStolen vehicles– Missing personsMissing persons– Fingerprints/photographsFingerprints/photographs



External Sources of External Sources of Information Information Sources not connected with law enforcement may be Sources not connected with law enforcement may be

extremely helpfulextremely helpful Some sources are not public and will require a subpoena or Some sources are not public and will require a subpoena or

warrant or consent from the subject of the information warrant or consent from the subject of the information prior to private companies releasing information prior to private companies releasing information – Financial listings Financial listings – Credit bureausCredit bureaus– BanksBanks– Employee recordsEmployee records– Phone company Phone company – Medical recordsMedical records– Student recordsStudent records– Phone booksPhone books– Reverse directoriesReverse directories– Tax recordsTax records– Utility companiesUtility companies– Internet service providersInternet service providers– Post office (mail covers)Post office (mail covers)



Physical Evidence: Physical Evidence: The Crime SceneThe Crime Scene

Obtained from the scene of the crimeObtained from the scene of the crime All evidence is secured and reviewed All evidence is secured and reviewed for potential informationfor potential information

Additional examinations (by the Additional examinations (by the crime lab) may be required, for crime lab) may be required, for example: example: – DNADNA– FingerprintFingerprint– Handwriting comparisonHandwriting comparison– Drug analysisDrug analysis– Tool, tire, and foot impressionsTool, tire, and foot impressions



Philosophical Philosophical Objections to Objections to Information GatheringInformation Gathering

Many Americans feel threatened Many Americans feel threatened by the information-gathering by the information-gathering capacity of both:capacity of both:– Private industry Private industry – The government (AKA: Big Brother) The government (AKA: Big Brother)

The historical and philosophical The historical and philosophical development of our country has development of our country has been rooted in the right to been rooted in the right to individuality and privacyindividuality and privacy



Information Sharing?Information Sharing?

Private companies have vast amounts of Private companies have vast amounts of information on millions of people in the information on millions of people in the U.S. and share it:U.S. and share it:– With other companies and others who are willing With other companies and others who are willing to pay for itto pay for it

– Without the knowledge of their customers Without the knowledge of their customers – Little regulation exists on this practice Little regulation exists on this practice

State, local, and federal criminal justice State, local, and federal criminal justice agencies have extensive record systems and agencies have extensive record systems and databases databases – In 1966, Congress passed the Freedom of In 1966, Congress passed the Freedom of Information ActInformation Act

– In 1974, it was amended by the Privacy ActIn 1974, it was amended by the Privacy Act



The Privacy ActThe Privacy Act

Allows access to records to the Allows access to records to the individuals to whom they pertainindividuals to whom they pertain

Prescribes procedures to improve the Prescribes procedures to improve the accuracy of dataaccuracy of data

Contains specific exemptions to the Contains specific exemptions to the release of information to the publicrelease of information to the public– Classified information due to national Classified information due to national securitysecurity

– Internal personnel rules and practices of an Internal personnel rules and practices of an agencyagency

– Privileged trade-secret informationPrivileged trade-secret information– Information concerning personnel, medical Information concerning personnel, medical files, or sensitive investigation recordsfiles, or sensitive investigation records



Electronic Electronic SurveillanceSurveillance The use of this type of surveillance by The use of this type of surveillance by the government is highly controversialthe government is highly controversial

The Omnibus Crime Control and Safe The Omnibus Crime Control and Safe Streets Act (1968) legalized electronic Streets Act (1968) legalized electronic surveillance by law enforcement surveillance by law enforcement officersofficers

Overall, the use of electronic Overall, the use of electronic surveillance has been greatly surveillance has been greatly exaggerated in media accounts and other exaggerated in media accounts and other popular outletspopular outlets



Electronic Electronic Surveillance Surveillance ̶̶Is it Successful?Is it Successful? Only about 8,000 criminal wiretaps have Only about 8,000 criminal wiretaps have been authorized by courts in the past been authorized by courts in the past ten years ten years

With the onset of new technology, With the onset of new technology, nearly nine of every ten wiretaps nearly nine of every ten wiretaps targeted portable devices, such as targeted portable devices, such as cellphones and pagers cellphones and pagers

Electronic surveillance is highly Electronic surveillance is highly effective–in 2004 alone, wiretaps effective–in 2004 alone, wiretaps resulted in 4,506 arrests which resulted in 4,506 arrests which concluded in 634 convictions concluded in 634 convictions



Review QuestionsReview Questions

1.1. Explain why people may not be the most reliable of Explain why people may not be the most reliable of sources of information.sources of information.

2.2. List the three different types of human sources of List the three different types of human sources of information.information.

3.3. What are some of the ulterior motives an informant What are some of the ulterior motives an informant might have for providing information to the police?might have for providing information to the police?

4.4. Explain the necessity for the police to use paid Explain the necessity for the police to use paid informants.informants.

5.5. What is entrapment? How can the police reduce the What is entrapment? How can the police reduce the occurrence of entrapment during investigations?occurrence of entrapment during investigations?

6.6. List the different sources of documentary List the different sources of documentary information.information.

7.7. What information is contained in a local police What information is contained in a local police database, known also as the database, known also as the master filemaster file? ?

8.8. What are some of the external sources of information What are some of the external sources of information used by the police during the course of an used by the police during the course of an investigation?investigation?



Student QuestionsStudent Questions

Documents

Traditional Sources of Information