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  #1  
Old 01-23-2002, 10:28 AM
Nijmegen
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Undercover policing, seeking info


Hi there,

I'm al lawstudent from the Netherlands and I'm conducting a survey about undercover policing and stings in the United States of America. For my final paper before graduation I'm looking for information about the rules regarding undercover policing.
Please can somebody give me some help about where to locate these rules on the internet or give me some information.
Already thanks for your help

yours sincerely,

Niels Herzog

p.s. sorry if my english is not perfect
  #2  
Old 01-23-2002, 01:42 PM
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Join Date: Feb 2001
Posts: 1,539
There really are no laws about undercover policing. Basically any police conduct must be constitutional under the United States Constitution. Whether specific police conduct, undercover or not, is constitutional is decided by state and federal courts in cases. For example, in United States v. North, 746 F.2d 627, the United States Court of Appeals for the Ninth Circuit stated:
"In drug-related offenses, law enforcement personnel have turned to one of the only practicable means of detection, the infiltration of drug rings and a limited participation in their unlawful present practices. Such infiltration is a recognized and permissible means of investigation necessary to gather evidence of illegal conduct. An agent does not violate any federal statute or rule or commit any crime in infiltrating the drug enterprise.

The undercover activity may take many forms, including persuasion, fraudulent representations, threats, coercive tactics, harassment, promises of reward or pleas based on need, sympathy or friendship.

A solicitation, request or approach by law enforcement officials to engage in criminal activity standing alone is not an inducement. Law enforcement officials are not precluded from utilizing artifice, stealth, and stratagem, such as the use of decoys and undercover agents in order to apprehend persons engaged in criminal activities, provided that they merely afford opportunities or facilities for the commission of the offense by one predisposed or ready to commit it."
  #3  
Old 01-24-2002, 05:32 AM
Nijmegen
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thanks


thanks calatty,

I knew that in the United States there were no specific rules for undercover policing and strings. But the information I had was from 1994. But thanks for the answer, because now I know that there has not changed much. But are there maybe some books written about this subject of recent date.

Thanks,

Niels
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