NCJ Number
27952
Journal
Texas Law Review Volume: 53 Issue: 2 Dated: (JANUARY 1975) Pages: 203-294
Date Published
1975
Length
92 pages
Annotation
THIS ARTICLE EXAMINES THE PROBLEMS OF POLICE RULEMAKING ON THE USE OF UNDERCOVER INVESTIGATORS, AND ARGUES THAT SUCH RULEMAKING WILL BE IMPEDED BY THE LACK OF A BODY OF LAW PROVIDING GUIDANCE IN THIS AREA.
Abstract
THE INTERESTS POTENTIALLY AFFECTED BY UNDERCOVER INVESTIGATIONS ARE FIRST EXAMINED. THESE INCLUDE SUCH INTERESTS AS EFFICIENT INVESTIGATION OF CRIMINAL CASES, COMMUNITY RESPECT FOR LAW ENFORCEMENT, PRIVACY, THE RIGHT AGAINST SELF INCRIMINATION, THE INTEREST IN A FAIR TRIAL, AND THE INTEREST IN RELIABLE EVIDENCE AT CRIMINAL TRIALS. THE CURRENT LAWS ON THE VARIOUS FORMS AND METHODS OF UNDERCOVER INVESTIGATION ARE ALSO EXAMINED. FROM THESE DISCUSSIONS, THE AUTHOR DEMONSTRATES THE INADEQUACIES OF THE EXISTING DOCTRINES AS SOURCES OF GUIDANCE IN DEVELOPING OPERATIONAL RULES FOR UNDERCOVER INVESTIGATIONS. HE ALSO OFFERS PROPOSALS FOR VARIOUS OPERATIONAL RULES THAT SEEM CONSISTENT WITH WHAT GUIDANCE CAN BE FOUND IN EXISTING DOCTRINES. THESE RULES - OR OTHERS OF A SIMILAR NATURE - COULD, HE ARGUES, EASILY ADAPT TO THE FOURTH AMENDMENT'S 'REASONABLENESS' REQUIREMENT AS THE FUNDAMENTAL CONSTITUTIONAL DIRECTION. MOREOVER, THIS USE OF THE FOURTH AMENDMENT WOULD PROVIDE A MORE EFFECTIVE VEHICLE FOR RESOLVING MANY OF THE NUMEROUS AMBIGUITIES SO PAINFULLY APPARENT UNDER PRESENT LAW. (AUTHOR ABSTRACT MODIFIED)