NCJ Number
193141
Date Published
2001
Length
21 pages
Annotation
This chapter develops an understanding of the goals of gathering criminal intelligence, the relationship between intelligence gathering and the right to privacy, the responsibility of the FBI, and the sources and processes of criminal intelligence.
Abstract
Criminal intelligence is the first step in identifying potential domestic terrorists. In gathering criminal intelligence, law enforcement are guided by three goals: to prevent the terrorist act and to bring those who conspire or commit acts to justice; to determine if the individuals threatening terrorist activity are capable of executing their threat; and to develop an operational plan to forestall the threatened terrorist activity consistent with available law enforcement resources. To accomplish these goals, law enforcement gathers both strategic and tactical intelligence. Strategic intelligence helps law enforcement in anticipating potential attacks and pertains to long term planning. Tactical intelligence involves collecting information that might assist immediate law enforcement needs. Law enforcement must balance its need to collect intelligence with the individual’s right to privacy. In the case of Griswold v. Connecticut, the Supreme Court reversed its original ruling in 1890 and argued that the right to privacy was implicit in Constitutional amendments. The Court’s most broad interpretation of the Constitution regarding the individual’s right to privacy resulted from the case of Mapp v. Ohio. The Court found that the Fourth Amendment created a right to privacy no less important than any other right reserved for the people. In regard to the investigation of terrorist activity, the Department of Justice has designated the FBI as the lead agency responsible for the investigation of threats or terrorist acts within the United States. In case of a terrorist act, the FBI is in charge of crisis management for the incident. Criminal intelligence gathering requires a criminal predicate or reasonable suspicion. The gathering of intelligence information is governed by the balance between individual rights and law enforcement’s need to control criminal activity. The objective of gathering criminal intelligence information is to collect reliable and confirmed information that law enforcement can use to protect the public and to suppress criminal activity. References