Laserfiche WebLink
Breadcrumb Navigation:
43A – Vice, Drugs and Organized Crime <br /> <br /> <br />Policy & Procedure Page 7 of 7 <br />(b) Tell the suspect and others false information <br />about his/her name and address; <br />(c) Lie about his/her employment or background; and <br />(d) Use other falsities, tricks and deception as are <br />necessary to further his/her undercover identity.i <br /> <br /> f. Constitutional Considerations <br /> <br />i. Police undercover agents must keep in mind that they <br />remain subject to constitutional constraints. <br />ii. Once adversarial judicial proceedings have commenced <br />against a suspect by arraignment, undercover agents <br />shall not deliberately elicit information from the suspect <br />regarding offenses for which the judicial proceeding has <br />commenced. <br />iii. The U.S. Supreme Court has carved out an exception to <br />the Miranda requirement which allows an undercover law <br />enforcement officer posing as a fellow inmate to ask <br />questions that could elicit an incriminating response, <br />without having to provide Miranda warnings.ii However, <br />whether Massachusetts will adopt this exception is yet to <br />be seen. <br />iv. A police undercover agent in the presence of a <br />subject/suspect and their attorney must remove <br />him/herself if information about a current case is being <br />discussed (attorney / client privilege). <br /> <br />D. Records [43.1.2] <br /> <br />1. Records for active vice, drug and organized crime investigations shall <br />be physically or digitally secured outside of normal access and made <br />accessible only to those persons who are authorized to receive such <br />information. [43.1.2] <br /> <br />2. Access shall be limited to the following authorized personnel: <br />Lieutenant Detective, Captain of Administration, Captain of Operations, <br />and Chief of Police. <br /> <br /> <br />iCom. v. Miller, 361 Mass. 644, 282 N.E.2d 394 (1972); Com. v. D'Onofrio, 396 Mass. 711, <br />488 N.E.2d 410 (1986) <br />iiIllinois v. Perkins, 496 U.S. 292, 110 S.Ct. 2394 (1990)