NCJ Number
153602
Journal
Criminal Law Bulletin Volume: 31 Issue: 1 Dated: (January-February 1995) Pages: 61-70
Date Published
1995
Length
10 pages
Annotation
This article discusses two contrasting and illustrative court decisions that addressed issues raised when a narcotics agent becomes addicted to an illegal drug during the course of his employment and later seeks benefits under a State workers' compensation law or a governmental retirement program.
Abstract
The cases both demonstrate that the courts not only scrutinized the agents' actions in making their rulings, but also examined the actions of police departments in terms of their responsibility for the agents' addictions. Departmental approval of the use of illegal substances to further law enforcement objectives, failure to establish clear policy and operational procedure, and failure to intervene once a problem develops may contribute to this type of problem more than the activities of individual narcotics agents. To reduce the likelihood of future incidents of a similar type, police agencies must develop written policy that outlines the degree to which they will tolerate criminal activity, including illegal drug use, by undercover agents; develop control practices to make it difficult for agents to deviate from zero- or low-tolerance policies; use drug testing to monitor the activities of narcotics agents; implement careful screening procedures for undercover agents; and limit the time and exposure narcotics agents have to drug subcultures. 66 notes