NCJ Number
130298
Date Published
1991
Length
41 pages
Annotation
Some perceive the deception inherent in police undercover investigations to be an infringement on an individual's privacy rights and believe the low visibility decisionmaking involved in these investigations makes them comparatively less open to scrutiny, evaluation, and control.
Abstract
The legal status of undercover investigations and specific techniques used in such investigations is confusing. Many legal doctrines relate to undercover police work, but judicial opinions and other discussions often suggest that available legal tools are inadequate to deal with problems caused by undercover police activities. In analyzing undercover investigations, the authors present several actual investigations in the format of problems. The traditional law of entrapment is then presented, followed by a discussion of the sixth amendment right to counsel and its effect on undercover personnel who obtain and overhear self-incriminating admissions. The fourth amendment right to be free from unreasonable searches and seizures is also examined. Case materials are included.