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§ 12.01. General Principles for Informants and Undercover Agents
WEBInformant witnesses can provide valuable information, but their use also can contribute to community distrust of law enforcement. Informants may hold positions of trust with individual members of the community and with community groups, and their use may …
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§ 12.02. Assessing the Propriety of Using an Informant
WEBThe type of screening that should occur regarding an informant should depend on how formal the relationship is, the type of information that an informant provides to law …
Chapter 12 – Informants and Undercover Agents
WEB(a) Agencies should adopt written rules and policies that govern the use, approval, reward, and oversight of informants and undercover agents. These rules and policies should …
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§ 12.04. Documentation and Disclosure of Informant Evidence
WEBd. Informant statements. Consistent with the focus in these Principles on reliability, agencies always should seek to carefully document informant evidence. All statements …
§ 12.05. Involvement by Informants in Criminal Activity
WEBThe use of informants often necessarily includes their involvement in ongoing criminal activity, and, for that reason, ongoing review, documentation, and clear boundaries are …
§ 12.03. Assessing the Reliability of Evidence from Informants
WEBA number of considerations are relevant to evaluating the credibility of an informant, including: the circumstances under which the informant initially provided information to …
Principles of the Law, Policing
WEBPrinciples of the Law, Policing. The Tentative Drafts of the material in this document were approved by the membership of The American Law Institute at Annual Meetings and have been revised in response to the …
§ 8.03. Disclosure of Evidence – Principles of the Law, Policing
WEBDisclosure of Evidence. Except when information must be redacted for confidentiality, privacy, and safety purposes, agencies should share all relevant evidence with …
§ 11.03. Informing Persons of Their Rights Prior to Questioning
WEBHowever, Miranda protections that apply during police questioning have been undermined in a range of Supreme Court decisions. As a result, this Section adopts the view that if …
§ 12.06. Oversight of Benefits to Informants
WEBAn informant who, at personal risk, provides inside information regarding a serious criminal conspiracy arguably should receive quite meaningful benefits. In contrast, an informant …
§ 8.01. General Principles for Evidence Collection, Analysis, and ...
WEBAgencies should adopt policies to ensure that all evidence is collected, analyzed, and retained in a manner that is impartial, consistent, and thorough and that is designed to …
§ 3.01. Definition and Legality of Suspicion-Based Searches, …
WEBFor these types of edge cases, the protections in Chapters 3 and 5 turn out to be quite similar, which obviates the need to place them firmly on either side of the line. Reporters’ …
§ 12.07. General Principles for Undercover Officers
WEBReporters’ Notes. The use of undercover agents provides law enforcement with the means to covertly investigate criminal activity, and such agents can be invaluable. For that …
§ 5.01. Definition and Legality of Suspicionless Policing Activity
WEBAlthough this Chapter adopts a broad definition of suspicionless policing activity, it does not address consent searches or searches incident to arrest—two types of potentially …
§ 7.06. Instructions and Warnings – Principles of the Law, Policing
WEBInstructions and warnings. Whenever possible, officers should provide clear instructions to individuals, should make clear if a call for conduct is a request or a command, and …
§ 11.01. Objectives of Police Questioning – Principles of the Law, …
WEBObjectives of Police Questioning. The goal of police questioning should be to obtain accurate and reliable information, while seeking to eliminate undue coercion, and treat …
§ 4.01. Officer-Initiated Encounters with Individuals
WEBWhen officers treat residents in a harsh or aggressive manner, routinely stop individuals who are innocent of any criminal offense, or fail to explain their actions when there is …
§ 10.01. General Principles for Eyewitness Identification Procedures
WEBIt also should inform the overall approach toward police investigations relying on eyewitness evidence, as well as subsequent judicial use and review of such evidence. …
§ 2.02. Information Gathering – Principles of the Law, Policing
WEBFor the purposes of these Principles, however, any acquisition of data or information through purchase or compulsory process is considered “information gathering,” unless …
§ 6.03. Accuracy – Principles of the Law, Policing
WEBEven diligent police agencies may not catch all errors or promptly remove erroneous information, and some agencies may fail to do so out of inertia or bias. Individuals …
§ 1.13. Interacting with and Supporting Victims of Crime
WEBInteracting with and Supporting Victims of Crime. (a) Officers should treat all victims or potential victims of crime with respect, empathy, and compassion. (b) Officers should …
§ 14.13. Certification and Decertification of Law-Enforcement …
WEBa. Certification and decertification of police officers. Certification is a process by which state officials formally establish and attest that a person meets the standards for …
§ 6.05. Police Access to Databases – Principles of the Law, Policing
WEBPolice Access to Databases. (a) Agency personnel should be permitted to access a policing database only for legitimate policing objectives, which should be specified in a …
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