November 28, 2012

Posted by Alexandra Natapoff

New informant legislation introduced in Texas

A Texas legislator has just introduced a new bill, H.B. 189, that would bar the use of compensated criminal informants in capital cases. H.B. 189 would make informant and accomplice testimony inadmissible if "the testimony is given in exchange for a grant or promise by the attorney representing the state or by another of immunity from prosecution, reduction of sentence, or any other form of leniency or special treatment." In effect, the bill embodies the sensible idea that paying criminals for their testimony is simply too unreliable to be used in death penalty cases. The Texas Tribune ran this story: Bill Would Restrict Informant Testimony in Death Cases. The bill would also bar the use of alleged confessions made to jailhouse snitches unless the confessions are corroborated by electronic recordings. In many ways Texas has been on the forefront of this issue--the state already has drug and jailhouse snitch corroboration requirements. See this post: Texas requires corroboration for informant witnesses.

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November 02, 2012

Posted by Alexandra Natapoff

Snitch team in Florida generates millions in forfeitures and DOJ investigation

The Bal Habour police department is under federal investigation for its use of a team of informants to collect millions of dollars in forfeitures, often without making any arrests. The Miami Herald ran this story, Feds probe Bal Harbour Police Department over seized millions, describing how this small police department uses "a team of snitches and undercover cops" to "seize a fortune in cash every year" from all over the country. "Now, the special unit is under federal investigation for its handling of millions in seized dollars, including hundreds of thousands paid to snitches, questionable expenses and missing financial records." Over four years, Bal Harbour police spent thousands of forfeiture dollars on equipment, cars, boats, first class plane tickets, and a banquet. The department paid its informants $624,558.

Such programs are made possible by federal forfeiture law, under which police departments can keep a percentage of seized assets. Because the legal standards for forfeiture are lower than for a criminal case, police can seize money and assets without having to prove anyone guilty. For a great overview of forfeiture law and its reliance on informants, see Radley Balko's article in Reason Magazine, The Forfeiture Racket. See also this report from the Institute for Justice: Policing for Profit.



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October 24, 2012

Posted by Alexandra Natapoff

Restoration of Rights Project

Every once in a while, I post something of general interest that is not informant-related. The Restoration of Rights Project is an important new resource from the NACDL (National Assoc. of Criminal Defense Lawyers) that everyone with a criminal record should know about. It provides detailed information about every state: what rights are lost upon conviction, and how to get them back. Here's the description:
NACDL is pleased to offer, as a resource for its members and as a service to the public, a collection of individual downloadable documents that profile the law and practice in each U.S. jurisdiction relating to relief from the collateral consequences of conviction. The 54 jurisdictional profiles include provisions on loss and restoration of civil rights and firearms privileges, legal mechanisms for overcoming or mitigating collateral consequences, and provisions addressing non-discrimination in employment and licensing. In addition to the full profiles, there is a set of charts covering all 50 states (plus territories and the federal system) that provide a side-by-side comparison and make it possible to see national patterns in restoration laws and policies. The information covered by the charts is summarized on the page for each jurisdiction. These materials will be an enormous aid to lawyers in minimizing the collateral consequences suffered by clients and in restoring their rights and status.


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October 17, 2012

Posted by Alexandra Natapoff

Texas police pressure traffic violator into drug work

ABC News ran this story about a mother who was pulled over for traffic violations and then pressured into becoming a drug informant to avoid arrest. Story here: Cops Use Traffic Tix to Force Woman into Drug Buys, Lawyer Claims. This is the same scenario reported in Attica, New York, where another young woman was pressured into becoming a drug informant when she was stopped for failing to pay traffic tickets. See this post: Recruiting new informants. Such stories remind us that police have discretion to use any opportunity--even a speeding ticket--to recruit new informants, even when the offense is minor or has nothing to do with the crimes the police want to investigate.

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September 20, 2012

Posted by Alexandra Natapoff

FOX News: slain mother was a working informant

FOX News ran this story about Jamie Seeger, a mother of two who was killed while working as an informant for a local sheriff's office in Florida. The family is suing in an effort to get more information. Story here: Slain mom was working for sheriff's office. Seeger's death may bring new scrutiny to the efficacy of Rachel's Law, which imposed new regulations on police creation and use of informants.

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September 19, 2012

Posted by Alexandra Natapoff

FP: Does the FBI Have an Informant Problem?

Foreign Policy just published this article on the troubling use of informants in domestic counter-terrorism: Does the FBI Have an Informant Problem? The piece analyzes the large challenges of using unregulated criminal informants to do law enforcement work, and discusses a series of recent examples. From the article:
Professional informants are paid by law enforcement to infiltrate criminal or extremist circles, sometimes on a full-time basis. Yet they're not considered employees of the government and are not subject to the same rules. From warrantless searches to sex with targets to constructing terrorist plots out of thin air, the informant problem is not new, but this powerful investigative tool is under pressure like never before after being exposed to the harsh light of day in a series of recent terrorism trials. Growing media scrutiny and a pending civil lawsuit in California are aggressively challenging whether the benefits of aggressive informant tactics outweigh the risk to civil liberties and are raising troubling questions about the legitimacy of terrorism investigations.


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September 07, 2012

Posted by Alexandra Natapoff

More on young informants

The New Yorker article is generating new awareness and a lot of great discussion about young informants and the use of criminal informants more generally. TalkLeft discusses the overall challenges of informant use here: Informants as Pawns in the War on Drugs. NPR's Talk of the Nation did a special segment on the topic here: Use of Confidential Informants Mostly Unregulated.

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August 29, 2012

Posted by Alexandra Natapoff

New Yorker story on young informants

The New Yorker has just published an important story on the use of young vulnerable informants. It discusses numerous cases in which young people have lost their lives trying to work off their own offenses, and reveals how common the practice is and how little protection the law and police typically provide. Synopsis here: The Throwaways: Police enlist young offenders as confidential informants. But the work is high-risk, largely unregulated, and sometimes fatal.

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July 30, 2012

Posted by Alexandra Natapoff

An alternative to snitching for juvenile drug offenders?

Using juvenile offenders as informants can be the opposite of rehabilitation: it keeps young people in contact with criminal networks and can exacerbate drug use and other dangerous behaviors. See this post on a Miami juvenile informant. But a new "restorative justice" approach in Texas offers a different model, in which juveniles charged with serious drug offenses are offered a chance at rehabilitation and skills training. Here's the NYTimes article: New Home for Juveniles Recruited to the Drug Trade. Almost no states regulate the law enforcement policy of turning young people into informants (see Dennis, Juvenile Snitches); the Texas experiment reminds us that the juvenile system is first and foremost supposed to be rehabilitative.

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June 29, 2012

Posted by Alexandra Natapoff

NYT Magazine on the complexity of snitching

Some of you may remember Alex White, the Atlanta informant who revealed the police corruption that killed 92-year-old Kathryn Johnston. This Sunday's NYT Magazine details the often unbelievable twists and turns of that saga, from Johnston's shooting to White's career as a snitch for multiple local and federal agencies, to the Congressional hearing and prosecutions that ensured. A great window into the police/informant world: A Snitch's Dilemma.

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May 14, 2012

Posted by Alexandra Natapoff

Radio interview: Law & Disorder, WBAI-New York

Here's an interview I did with the syndicated radio show Law & Disorder, hosted by Heidi Baghosian, Executive Director of the National Lawyers Guild, Michael Ratner, President of the Center for Constitutional Rights, and New York attorney Michael Smith: Law & Disorder, April 23, 2012, (about 9 minutes in).

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Posted by Alexandra Natapoff

In the news: released jailhouse informant accused in new murder

The Louisville Courier-Journal reports on a jailhouse informant who was released in exchange for his testimony. Two months later, he was charged in the murder of a 15-year-old. From the story:
Jefferson Circuit Court Judge McKay Chauvin told James Mallory in February that he wasn't a good choice to be released from prison on shock probation, given his criminal history -- and, in fact, the judge had already denied the request previously. But Chauvin nonetheless released him at prosecutors' request after Mallory came forward with what he called "bombshell" information in a letter offering the Jefferson Commonwealth's Attorney's Office evidence against several defendants in exchange for helping him get out of a nine-year prison term. Now, just two months later, Mallory is charged with murdering a 15-year-old boy.


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Posted by Alexandra Natapoff

Law review article on Rachel's Law

The Boston College Journal of Law & Social Justice has published this note, Toward Efficiency and Equity in Law Enforcement: "Rachel's Law" and the Protection of Drug Informants. It focuses on an important provision in Rachel's Law that was eliminated, that would have required police to provide potential informants with counsel. Here's the abstract:
Following the murder of Rachel Morningstar Hoffman--a 23-year old college graduate--Florida passed "Rachel’s Law," which established new guidelines for the police when dealing with confidential informants. Immediately prior to its enactment, lawmakers stripped Rachel's Law of key provisions. These provisions required police to provide a potential informant with an attorney before agreeing to any deal. Opponents of these provisions argue that they hamstring law enforcement agencies in their efforts to prosecute drug crimes. Rather than serving as an obstacle to effective law enforcement, the attorney provision in the original version of Rachel's Law enables efficient prosecution of crimes and protects minor drug offenders who may be unsuited for potentially dangerous undercover informant work. This Note recommends that the attorney provision be restored to Rachel's Law, and encourages other states to enact similar statutes.


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Posted by Alexandra Natapoff

In the news: Seattle ATF informant with history of crime against women

A story by the Seattle Times about an ATF informant with a disturbing history of violence against women: Violent criminal on federal payroll as informant. The story begins like this:
Despite a history of abusing women and violent behavior in prison, Joshua Allan Jackson managed to become a federal informant, trigger a citywide Seattle police alert and hold a 18-year-old woman as his sexual prisoner.


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Posted by Alexandra Natapoff

Impact of 'Rachel's Law' on informant use

The Tallahassee Democrat has published this article about the effects of Rachel's Law on informant use in Florida, four years after the death of Rachel Hoffman: Four years later, Hoffman's death still impacts CI use. The article concludes that the Tallahassee police department made some significant changes.
For six months immediately following Hoffman's death, the department suspended the use of all CIs. For a long time, no one wanted to work narcotics cases, which often rely on informants, the chief said. "We had to be confident in our investigators that they were ready," [Chief] Jones said.

An audit of department confidential-informant files conducted about six months after Hoffman was killed found lax record keeping and noted areas of improvement. Personnel were moved, the vice unit was made a part the Criminal Investigations Division of a new Special Investigation Section and supervision was stepped up. Today, TPD's rules governing the handling of confidential informants mirror that of Rachel's Law, which was spearheaded by Hoffman's parents and provides some safeguards for vulnerable informants.

"I think we've got a very good policy now," Jones said. "We have elevated ourselves and are back in the lead and set the tone for the state."
Tallahassee is reminiscent of Los Angeles in the 1990s. After a massive grand jury investigation concluded that the jail was rampant with unreliable informants and that police and prosecutors were relying on them, the Los Angeles District Attorney's Office instituted significant changes. Today, it has some of the most rigorous regulations for the tracking and use of jailhouse informants in the country: Los Angeles County District Attorney's Office Legal Policies Manual.

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Previous 10 entries...

Miami New Times series on juvenile informant Mar 23, 2012
The way it's supposed to work: organizational informants Mar 7, 2012
Professor Bret Asbury on "stop snitching" Feb 22, 2012
FOX News story on informants in Boston Feb 8, 2012
Tallahassee agrees to pay $2.6 million in informant Rachel Hoffman's death Jan 27, 2012
Washington state family sues police for the murder of their informant son Jan 24, 2012
Mexican cartel informant testifies in Texas Jan 24, 2012
Reuters criticizes leniency for insider trading informant Jan 23, 2012
Detroit teen killed after becoming an informant Jan 11, 2012
Supreme Court begins debating informant unreliability Jan 9, 2012

Snitching by Alexandra Natapoff A Barnes & Noble Best Pick of 2009

2010 ABA Silver Gavel Award Honorable Mention for Books
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