criminal investigation question

SURVEILLANCE

WEEK # 11 LESSON - SURVEILLANCE

For the purposes of our discussion of criminal investigation, at this point, a prime suspect would have been identified through the efforts of developing leads, canvassing, and interviewing witnesses. The Continuing Investigation now focuses on that individual. There are investigative techniques that can be utilized to collect further information and evidence on a suspect to build a case. In this lesson, we will study SURVEILLANCE as a tactic to monitor the activities of a suspect in order to reveal contacts and actions that link them to the crime.

THIS LESSON SUPPLEMENTS THE READING IN CHAPTER 6 , pages 120-124 of the textbook.

Definition of Surveillance

The covert observation of places, people and/or vehicles, for the purpose of obtaining information and evidence relating to the identity and activities of a subject suspected of involvement in criminal activity.

Key Terms

· Covert - concealed, secret, undercover

· Subject - the person being observed

· Surveillant - The person conducting the surveillance

Surveillance is, quite simply, observations conducted to gain information. This simple definition includes a range of techniques and methods that can be considered a form of surveillance. Many of these are recognizable through common knowledge produced by popular culture. The most well known methods include stationary surveillance, moving surveillance, and technical surveillance (typically covert video or audio recordings). Nearly anyone can engage in surveillance once properly trained and educated; individuals using the various techniques of surveillance range from federal officials trying to save lives from terrorists and other criminals to private investigators gathering evidence for civil court. One of the most versatile and important skills any investigator can possess is surveillance. Communications skills involving interviewing and report writing are usually thought of as the most critical investigative competencies. The primary skill used in surveillance is the power of observation, which always precedes reporting. Surveillance, being such an important part of investigation, is a topic that should not be taken lightly. It is important for investigators to understand when surveillance should be used, the objectives of surveillance, stress related to surveillance, and ethical/legal concerns about surveillance. Depending on the type of investigation, there are many reasons why surveillance can be beneficial.

The Objectives of Surveillance

The objectives of surveillance will vary from case to case, but are most often one or more of following:

Obtain evidence for a search or warrant.

Locate and identify a subject or location of illegal activities.

Obtain intelligence about a subject, criminal group or location.

Prevent a crime from occurring through covert or overt surveillance.

Gather intelligence for a raid.

Provide protection for informants, undercover individuals or others.

Many cases end with no observations made. The credible report of no observations may be useful in re-evaluating the method of investigation, or the feasibility of surveillance at a particular day or time of day. A lack of observations can also reinforce the positive information indicating that a subject or situation is innocent, legitimate, non-criminal or not linked to the crime in question.

Although many cases end positively with a lack of observations, the belief that every surveillance case will detect criminal activity or result in an arrest is a mistake often fueled by Hollywood and television fiction. Practitioners in the criminal justice system commonly agree that the image of investigators presented by the entertainment industry fills students with false hopes and provides the public with unrealistic goals. Surveillance should be judged as a success whenever the outcome of the assignment assists the investigation with credible information or circumstances that contribute to a more credible assessment of the purpose of the investigation. If the investigator is further able to have personal growth from the learning experience or practice of the art of surveillance, then the activity should be considered a personal success, not a waste of time or resources.

Types of Surveillance

(Pay particular attention to pages 121-124 in the textbook for this discussion.)

VISUAL SURVEILLANCE - Visual Surveillance is keeping watch on a suspect, vehicle or location, often with the use of still cameras, video cameras, binoculars or telescopes. The primary concern here is to get close enough to view as much activity as possible without being detected.

1. Fixed Visual - referred to as a stakeout - Here the primary concern is a location where the suspect is operating or a place where on-going criminal activity is occurring. The investigator is situated in an unmarked vehicle parked within view. Many police departments keep a fleet of unmarked sedans, SUVs, vans, pick-up trucks or other types of vehicles that can blend into a neighborhood. Campers, RVs, or panel trucks can be altered with tinted or curtained windows and outfitted with tables, chairs, and mounts for photographic equipment, allowing for long periods of observation and recording. (In my department we had two fully converted vans, one painted and decaled as a Verizon truck and the other as a Public Service Gas and Electric van, that could be parked on any street for hours without raising suspicion. ) Where vehicle parking is impossible, a building within view is another possible “nest”. With arrangements for access, rooftops, offices or apartments across the street from the subject location can be used. If these options are not available, it may be necessary to assign an plainclothes officer to hang out on the street and circulate around the neighborhood in order to get good vantage points.

2. Moving Visual - also called a tail or shadowing -

This technique is used when the primary interest is the observation of an individual’s movements in order to determine associations and activities that could link them to criminal activity. Tailing can be done by foot, in a vehicle, or a combination of both. It can be executed with a one, two or three person surveillance team, with investigators rotating in the position of closest contact.

A Loose Tail or Monitoring is the short-term, preliminary observation of activities of an individual, group, or organization for purposes of gathering information. Generally for purposes of determining whether a criminal investigation should be opened and to gain a general impression of the subject’s movements, a Loose Tail is limited to periodic, transient observation of suspicious persons or activities.

A Close Tail is carried out when investigation has revealed that a suspect is seriously involved in the crime and involves continuous or prolonged observation of the targeted individual. In this case, the challenge is to maintain close contact and constant view, while avoiding detection by the subject. The surveillant must keep a safe distance from the subject without losing them. “Leap-frogging” is a technique that uses a three-person surveillance team. As officers follow the subject, they change positions to reduce the possibility of detection. Either on foot or in different unmarked vehicles, the team switches positions on and off with one officer always directly behind the subject. This technique is also called the ABC Method, whose name refers to the officers' assigned roles. Person A stays behind the suspect, followed by the second officer, Person B. The third officer, Person C, remains on the opposite side of the street, but always moves slightly ahead of -- or behind -- the suspect.

In conducting Moving Visual Surveillance of a vehicle, it’s position and movements can be monitored with the aid of a Global Positioning System - GPS. A device is secretly attached to a bumper or underside of the car and detectives can trace movements by the electronic signal it transmits. Like other evolving technologies before it, GPS has undergone judicial review in a number of states with mixed outcomes based. The essence of most of these decisions turns on the manner in which the device is used in the surveillance.. In general, court decisions tend to allow the warrantless use of GPS devices if they are placed on the exterior of a vehicle; that is to say, their placement does not require entering the passenger compartment of the vehicle or opening the hood. The courts also generally require that warrantless placement of GPS devices be performed while the vehicle is parked or situated in a public area. There are many legal issues that may be raised concerning GPS devices including whether they can be used to track vehicle movements in locations where there is a reasonable expectation of privacy or whether they can track vehicles out of the jurisdiction of the investigating agency. Since the use of GPS for surveillance has been determined to be a search by the US Supreme Court, police are on far more solid legal ground if time and circumstances allow them to obtain a search warrant.

In any Visual Surveillance, a primary objective is to document the observations with photographs. The investigator must obtain clear and identifiable photos or video images of the subject and the subject’s actions. All photographs must be clear enough to identify the subject. The issue of Admissibility of Evidence must always be considered, in order to meet the standard of Competency of the Graphic Evidence. If the picture is not clear, the subject may successfully argue in court that the images and acts depicted are someone else. The investigator may lose the argument that he or she is credible because the subject cannot be positively identified. The subject will claim mistaken identity or coincidence.

ELECTRONIC AUDIO SURVEILLANCE - Audio Surveillance is a strategy investigators use when conditions do not permit visual observation. If the suspect in an investigation is not operating in public where they can be observed through fixed or moving surveillance or if listening to their oral communications is the only way that critical evidence can only be obtained, detectives may utilize audio surveillance techniques. Wiretapping is the interception of telephone communications . Electronic eavesdropping or “bugging” is the wiring of people or places for sound in order to monitor and record conversations.

Electronic surveillance includes a number of techniques, varying in the extent to which they invade the privacy of the target. Some techniques are non-consensual, as none of the parties are aware that they are being monitored. Other techniques adopt one-party consensual monitoring, such as those in which undercover officers or informants use a concealed tape recorder to record conversations or where one party to a telephone conversation consents to the recording of that conversation unbeknownst to the other party. Apart from tape recording, wiretapping, or bugging, electronic surveillance may involve video recordings and more advanced laser and fiber optics technologies.

Many law enforcement officials believe that the use of electronic surveillance is indispensable in certain investigations because other sources of evidence are often unreliable or unavailable. Witnesses are often afraid to come forward, informants may be unreliable, and many criminal operations are difficult to infiltrate. Furthermore, certain criminal activities , such as drug operations, organized crime and terrorism are usually conducted over the telephone and in meetings, there is a minimum of written communications that can be used to construct a paper trail of criminal transactions.

This subject is covered in the textbook on pages 122-124. This reading will be required for an understanding of the practical and legal issues involved in audio surveillance.