Building a Narcotics Case Annemarie Braun Senior Assistant

Building a Narcotics Case

Annemarie Braun Senior Assistant Attorney General Special Prosecutions Unit Colorado Attorney General’s Office (303) 866 -5738 annemarie. braun@state. co. us

Doug Smith Detective Northern Colorado Drug Task Force Fort Collins Police Department (970) 416 -2560 dcsmith@fcgov. com

Building a Narcotics Case Beginning an Investigation Developing the Investigation Working with Confidential Informants Successful Completion of Investigation

Building a Narcotics Case Beginning an Investigation Task Force Detective On-Call • Narcotics detective on-call 24/7. • Any narcotics complaint is referred to on-call detective. • Detective responds to call, evaluates how the case will proceed.

Building a Narcotics Case Beginning an Investigation On-Call Detective decides… How to process the current crime scene. (e. g. meth lab, marijuana grow, stash house) Whether case requires further investigation. Whether any witnesses eligible to be informants.

Building a Narcotics Case Beginning an Investigation Collect Information from Sources • Anonymous Citizens • Crime Stoppers tips • Referrals from patrol stops • Referrals from law enforcement agencies

Building a Narcotics Case Beginning an Investigation Evalute a Geographical Area “Hot Spot” • Patterns of crime in the area • Impact on the community • Known locations associated with drug-dealing, criminal activity

Building a Narcotics Case Beginning an Investigation Gather Law Enforcement Intelligence • Collect various sources of information • Check law enforcement records, databases • Identify targets for investigation

Building a Narcotics Case Developing an Investigation Establish Goal(s) for Investigation Examples: • Target individual dealing in particular area • Target particular group trafficking into the area/community • Target particular location as a “hot spot”

Building a Narcotics Case Developing an Investigation Corroborate the Existing Information • Law enforcement records checks • Public records checks • Criminal history of target(s)

Building a Narcotics Case Developing an Investigation Physical Surveillance • Identity of target(s), associates • Locations • Vehicles • Patterns of activity

Building a Narcotics Case Developing an Investigation Witness Interviews a. k. a. “Knock and Talk” Intent to corroborate, expand the existing information.

Building a Narcotics Case Developing an Investigation Contact Associates, Subordinates Intent to corroborate, expand the existing information. Intent to develop a Confidential Informant who can “work” with law enforcement.

Building a Narcotics Case: Confidential Informant Informer Privilege: Law enforcement has the privilege to withhold the identity of an informant. Want to encourage citizens to come forward with information.

Building a Narcotics Case: Confidential Informant Informer Privilege: Defendant only gets this info IF he/she can show that info is NECESSARY to the defense.

Building a Narcotics Case: Confidential Informant Informer Privilege: CONFIDENTIALITY should be taken very seriously and protected by all parties involved in the case.

Building a Narcotics Case Working with Confidential Informants Benefits… CI can give insight into group. CI can “work” with law enforcement to develop charges on target(s).

Building a Narcotics Case Working with Confidential Informants Risks… CI can be not trustworthy. CI can be unreliable. CI (probably) has a criminal history.

Building a Narcotics Case: Working with Confidential Informants Citizen Informant Paid Informant Defendant Informant

Building a Narcotics Case: Working with Confidential Informants Citizen Informant: Gives info to law enforcement on anonymous basis. Usually does not “work” for law enforcement.

Building a Narcotics Case: Working with Confidential Informants Defendant Informant: Gets caught with dope/breaking the law; then decides to cooperate for a benefit. “Work” for law enforcement by actively participating in investigation.

Building a Narcotics Case: Working with Confidential Informants Paid Informant: May have to disclose how much $$$ CI has received, even in other cases. Record of all their CI work in all their cases.

Building a Narcotics Case: Working with Confidential Informants Types of “work”: Controlled buy – CI purchases dope from target with $ from the task force. Reverse – CI delivers dope to target for $.

Building a Narcotics Case: Working with Confidential Informants Types of “work”: Recorded phone calls with target(s). Introduce Undercover Officer to target(s).

Building a Narcotics Case: Working with Confidential Informants Goals of CI “work”: Corroborate the existing intel. Develop felony charges on the target(s). Develop probable cause to support search warrants.

Building a Narcotics Case: Managing Confidential Informants Strict policies for working with Confidential Informants Examples TF Detective is point of contact for CI and that detective deals with CI exclusively. Task Force Detective never meets alone with Confidential Informant.

Building a Narcotics Case: Managing Confidential Informants TF Detective makes determination about what CI can actually provide to further the investigation. Assess if Confidential Informant can do what they claim they can do. CI’s frequently overestimate their connections in order to get a benefit.

Building a Narcotics Case: Managing Confidential Informants TF Detective makes determination about what type of CI, what kind of work CI will provide. Citizen informant, defendant informant, or paid informant. What are the CI’s motivations to help law enforcement.

Building a Narcotics Case: Managing Confidential Informants Who should NOT “work” as a CI: On probation/parole Pending case/out on bond

Building a Narcotics Case: Managing Confidential Informants Who should NOT “work” as a CI: Lengthy criminal history Violent criminal history History for lying or fraud

Building a Narcotics Case: Managing Confidential Informants Who should NOT “work” as a CI: Anyone whose been caught double-dealing. Example CI is informing on his competitor in order to get him out of the way for his own dealings.

Building a Narcotics Case: Managing Confidential Informants TF Detective makes determination. District Attorney’s Office must approve. Confidential Informant must be registered and sign CI Contract. CI’s contract/file kept sealed and secured.

Building a Narcotics Case: Managing Confidential Informants TF Detective establishes guidelines for CI’s conduct/activities during the investigation. CI cannot violated the law. CI cannot use controlled substances. CI NEVER acts on their own.

Building a Narcotics Case: Managing Confidential Informants TF Detective establishes guidelines for CI’s conduct/activities during the investigation. CI will always be monitored when interacting with the target(s). CI is aware that there is a possibility of disclosure of identity, and testifying in court.

Building a Narcotics Case: Successful Completion of Investigation Successful resolution of investigation… the interruption or the termination of the drug-dealing activities.

Building a Narcotics Case: Successful Completion of Investigation Ideal Situation for End of Investigation… Charges are already filed, in place. Evidence has already been collected. Arrest / Search Warrants(s) obtained. Sufficient time to plan the Take Down.

Building a Narcotics Case: Successful Completion of Investigation Take-Down Almost always marks the end of investigation. Targets are now aware of the investigation. Associates who are not taken into custody at the take-down usually don’t stick around for further investigation.

Building a Narcotics Case: Successful Completion of Investigation Take Down Preparation: Charges filed / Indictment Arrest Warrant(s) Search Warrants(s)

Building a Narcotics Case: Successful Completion of Investigation Take Down Preparation: Safety Assessment for Warrant(s) Execution Coordinate with DEC, social services if children involved. Coordinate with local law enforcement

Building a Narcotics Case: Successful Completion of Investigation Take Down Results: (short term) All targets taken into custody. Evidence collected and documented properly. Targets, associates interviewed and statements collected.

Building a Narcotics Case: Successful Completion of Investigation Take Down Results: (long term) Drug-dealing in the particular area is reduced, terminated altogether. Related crime is also reduced or terminated. Positive impact of neighborhood, community.

Building a Narcotics Case: Successful Completion of Investigation Narcotics investigation and detection often has a positive impact on reducing other criminal activity… Fraud & forgery Violent crime Abuse & neglect of children