NCJ Number
57539
Date Published
Unknown
Length
0 pages
Annotation
ELEMENTS OF THE TWO-PART TEST FOR THE INFORMER SITUATION AS ESTABLISHED BY THE SUPREME COURT IN AGUILAR V. TEXAS (1964) ARE EXPLAINED IN THIS POLICE TRAINING FILM THROUGH A NUMBER OF ILLUSTRATIVE VIGNETTES.
Abstract
DEPICTING VARIOUS CRIMES AND THE SUBSEQUENT SEARCH AND ARREST PROCESS, THIS FILM INSTRUCTS OFFICERS IN USE OF INFORMATION RECEIVED FROM KNOWN AND RELIABLE AND UNKNOWN INFORMANTS AND INFORMATION TRANSMITTED THROUGH POLICE CHANNELS TO JUSTIFY A SEARCH WARRANT OR ARREST ON PROBABLE CAUSE. IN BOTH THE SEARCH AND ARREST SITUATION, THE CONCEPT OF 'REASONABLENESS' AND THE JUDICIALLY-CREATED 'REASONABLE MAN' STANDARD OF CONDUCT ARE APPLIED TO PROTECT FIRST AMENDMENT RIGHTS OF SUSPECTS. THIS REASONABLENESS REQUIREMENT IS VIRTUALLY THE SAME CONCEPT WHICH JUSTIFIES SEARCHES OR ARRESTS BASED ON INFORMATION FROM INFORMANTS. IN SOLICITING INFORMATION FROM AN INFORMER, THE OFFICER MUST SUPPLY THE INFORMER WITH CORRECT AND FACTUAL INFORMATION. THAT INFORMER, IN TURN, MUST PROVIDE THE OFFICER WITH SUPPOSITIONAL INFORMATION BASED ON FACTS THAT ARE KNOWN FIRST-HAND, RATHER THAN WITH CONCLUSIVE OPINIONS. THE UNKNOWN INFORMER IS REQUIRED TO IDENTIFY HIMSELF OR HERSELF AND SUPPLY CERTAIN IDENTIFYING DATA SUCH AS ADDRESS, OCCUPATION, AGE. FIELD OFFICERS RECEIVING INFORMATION TRANSMITTED THROUGH POLICE CHANNELS OR THROUGH OTHER OFFICERS MAY USE THE INFORMATION TO OBTAIN A WARRANT OR SEARCH AND ARREST ONLY IF THE SOURCE ESTABLISHES THE FACTUAL BASIS OF THE EVIDENCE, AND ELIMINATE SUSPICION OF HEARSAY AS DESCRIBED IN THE HARVEY-MADDEN RULE. LAWS ON DISCLOSURE OF INFORMERS IN COURT VARY THROUGHOUT THE STATES. ONE COURT HELD THAT WHEN INFORMANTS ARE MATERIAL WITNESSES TO THE GUILT OR INNOCENCE OF THE DEFENDANT, THEIR IDENTITY IS COMPELLED, BUT OTHERWISE INFORMANTS' IDENTITIES ARE IRRELATIVE TO ESTABLISHING PROBABLE CAUSE. A WORKBOOK ACCOMPANIES THE FILM. PART II OF THE DISCUSSION IS CONTINUED IN NCJ-57540. (DAG)