Check Law Enforcement IndicesOnce this preliminary information is obtained, a thorough check of various law enforcement and public records should be made. The FBIs NCIC can quickly determine if the suspect is wanted, has ever been arrested, what he was arrested for, and if he has ever been in prison.If the suspect has been arrested, a review of the arrest report may reveal known associates, if he was armed, methods of operation, vehicles driven at the time of the arrest, etc. all of which are helpful in the beginning stages of a drug investigation. If a check reveals the suspect has a warrant for his arrest, it may make more sense to abandon the drug deal in favor of arresting him for the warrant instead. There is also a chance the suspect could be arrested by another police agency for the warrant prior to the completion of the drug investigation.Checking with the states Department of Motor Vehicles will identify all vehicles registered to the suspect, what mailing addresses he uses, as well as his driving record and photograph from his drivers license.Requesting information from the local utility and telephone companies will reveal what locations he pays for gas and electric service as well as long distance telephone numbers he calls. Cellular telephone companies can provide credit information used to secure the service, as well as billing addresses, and a listing of all telephone numbers dialed from that instrument. From an analysis of telephone numbers he calls, the drug agents may be able to show connections between the suspect and other known or suspected drug dealers.Monitor Phone Calls and Personal Visits between the Informant and the SuspectTo further corroborate the informants information, monitor and record all telephone conversations between the informant and the suspect. It should be noted that in most states, conversations recorded with the consent of at least one involved party do not require a warrant. However, because consensual eavesdropping rules vary from state to state, agents not employed by the federal government should consult with their state attorneys office before using this technique.The objective of these initial phone calls is to schedule a face-to-face meeting between the informant and the drug dealer. Monitoring these conversations accomplish several important things: it corroborates that the informant personally knows the suspect, it shows the informant that the drug agents are thorough in their methods, and it makes it clear that they intend to verify unsubstantiated information.Before a telephone call is made to set up a face-to-face meeting, the drug agents should have an investigative plan that includes the clear objectives of the investigation, including where the meeting will take place. The selection of the location of the meeting should be made in advance to insure the location is conducive to easy surveillance.The objectives of the investigation may change depending on the development of the case. The suspect may reveal to the informant a location where drugs are being stashed, or may ask him to assist in a future drug transaction. By monitoring all contacts between the informant and the suspect, the drug agents know all the unfiltered information the informant has about the suspect. It also prevents the informant from secretly taking part in an unauthorized side deal with the suspect.Provide the Informant with Official Funds That Have the Serial Numbers RecordedJust before leaving the office to follow the informant to the meeting location, drug agents should provide him with the monies necessary to purchase the drugs in question. In order to document how much money investigators gave to the informant, a signed receipt for the money must be obtained and included in the case file. Any monies not spent to purchase evidence must immediately be returned. Serialization of the money is important for three reasons: (1) It clearly demonstrates that the money originated from law enforcement, (2) it discourages the informant from stealing it, and (3) in the event the serialized money is seized from the suspect at a later date, it further corroborates he received the money from the informant. These funds may later be recovered at the time of the suspects arrest or during the execution of a search warrant at the suspects home, business, or vehicle.The physical appearance of the money to be given to the suspect is important. Freshly printed notes banded in a wrapper provided by the Federal Reserve Bank, may alert the suspect that he is dealing with government authorities. However, used bills, in a variety of denominations, secured by rubber bands, will help convince the suspect that he is dealing with another drug dealer, because these are the types of bills drug dealers usually encounter (see Chapter 8).Wire the Informant for SoundMake sure the device used to transmit and record the informants conversations with the suspect is operational before leaving the office. The informant must be cautioned not to turn off the transmitter under any circumstances since this will leave the investigation open to criticism and the issue will likely be raised in future court proceedings. Informants must be made to understand that if the transmitter is switched off the suspect may allege in court that while it was off, the informant threatened him harm if he did not go through with the drug deal. To avoid this situation, drug agents should attempt to only use transmitters that cannot be turned off, intentionally or accidentally.Another rule of thumb about recording and transmitting devices is that if drug agents decide to record the first meeting, they should be prepared to record all subsequent meetings and telephone calls between the informant and the suspect during the entire investigation. By selectively recording only certain conversations, questions will be raised about the integrity of the case, and this may dampen the enthusiasm of the prosecutor to file charges against the suspect.Designate Verbal and Visual Distress and Arrest SignalsDrug agents must discuss with the informant what signals to give in the eventhe is in trouble or he is being robbed of the agencys money. Both verbal andvisual signals are needed since the transmitter cannot be relied upon. Theinformant must be trained that in the event of a transmitter failure, he shouldprovide previously agreed upon visual signals designating distress or whendrug agents should make their arrest. Telephonic pagers greatly assist the drug agent in discretely communicating with the informant. Sending the informant a certain code number may mean to wrap up his conversation and leave the area. Another code may indicate surveillance is following him. Cellular telephones are also extremely useful in giving direction to the informant, provided the suspect cannot overhear the conversation, and the informant does not say something that would identify the caller.Search the Informant and His VehicleBefore leaving the office to go to the meeting location, it is vital that drug agents thoroughly search both the informant and his vehicle. This allows the drug agent to testify he did not find any drugs, weapons, or other contraband in the informants immediate possession that could be used to either frame the suspect, or coerce him into selling drugs. If the informant refuses to allow himself or his vehicle to be searched, halt the operation immediately, and do not proceed until it can be established why the informant refuses to follow direction.Surveillance Team to Follow the InformantThe surveillance team follows the informant to the predetermined meeting place so drug agents can later testify that the informant did not leave their sight and have an opportunity to pick up drugs or weapons at another location. Upon arrival at the meet location, drug agents should set up surveillance of the location to not only determine if the suspect has arrived, but when he arrives, and to also protect the informant from the suspect.If the meeting place is at a public location such as a resturant, placing a drug agent inside to pose as a customer will further corroborate the informants statements and will reveal if anyone joined the suspect during the conversation. The inside surveillance agent may be able to detect persons acting as counter-surveillance for the suspect. (For more details on this, see Chapter 6.) Informant Is to Go to a Designated Cold Spot after the MeetingImmediately upon completion of the meeting, the informant should go to a designated cold spot that is far enough away from the location to not be seen by the suspect.There drug agents should retrieve the drug evidence that the informant just purchased, and they should also search the informant and his vehicle again to look for any other contraband the suspect may have given him. Informants have been known to receive more drugs than expected, and keep the excess amount for their own personal use or resale later.Instruct the Informant to Immediately Return to the OfficeThe informant should return to the drug agents office where he can be thoroughly debriefed on what transpired and to make a written statement detailing the events. Every time an informant makes a controlled buy, regardless of how many times he has done it before, these same procedures must be followed. If an undercover drug agent is making the controlled buy instead of an informant, there is a presumption of integrity that precludes the necessity to search him or her. However, because of officer safety concerns, he or she should always be under constant surveillance by a team designated to provide him with protection. (For more information on this, see Chapter 7.)The Seven Steps to Successful Informant ManagementIdentify potential informants. Recognize persons who may be potential informants. Drug agents will develop this skill with experience.Recruit informants. Establish a rapport with the person and explain the departments policy on awards and rewards in order to recruit a diversified stable of informants.Document all contacts with informants. Document and maintain informant files to give a true picture of his work performance. Update files whenever changes occur.Develop relationships. Know the limitations of individual informants, but do not accept anything less than their maximum effort.Maintain relationships. Keep informants active by exposing them to situations that enhance, not limit or restrict, their ability to perform at their maximum potential.Use informants to their fullest. Continue to use informants to keep them from losing interest. Encourage other drug agents to task these informants whenever possible. Control informants. Manage informants successfully by controlling them. Drug agents cannot allow informants to run investigations, regardless of how insistent or assertive they become. Drug agents and their supervisors ultimately make the decisions during cases, and informants must be made to realize this.Keys to Success in Informant ManagementControlDrug agents must learn to control their informants in order to keep a handle on their investigation. Informants need to know that the drug agent is in charge of the investigation, and their supervisor is the ultimate decision-maker and they are not. Keeping control of the informant will prevent him from making unauthorized contacts with the targeted drug dealer and keep him in focus. Drug agents who lose control of their informant will soon lose control of their investigation.HonestyIf the controlling drug agent is not honest with the informant, why should the informant be honest with the agent? For the sake of safety and maintaining control of the informant, the investigator must be honest with him. If the investigator exaggerates about the amount of money his agency will pay the informant for his services, the informant is probably not going to work for the agency again. He may become disgruntled to the point of not cooperating during trial preparation or courtroom testimony. Honesty is certainly the best policy when working with drug informants.Fairness and RespectInformants, like anyone else, appreciate being treated fairly. Drug agents should consistently treat their informants fairly throughout their relationship, and they should be treated the same as any other employee.Show respect for the informant and refrain from calling him names such as snitch, fink, rat, and the like. Chances are he would not be an informant if it were not out of necessity. Show your appreciation for his long hours and hard work on the job.Clarity in DirectionMany mistakes can be avoided when the drug agent takes the time to clearly explain directions to the informant. By being clear and specific with the informant, he cannot claim, rightly or wrongly, that he did not know he could not do a particular thing. Making mistakes due to misdirection or carelessness can cause tremendous safety problems for the informant and drug agents as well. Provide Training for the InformantInformants must be trained in some legal aspects of drug enforcement to avoid violating a suspects rights and to prevent the informant from committing unintentional criminal acts. Unless trained, informants may believe they have law enforcement authority, when they do not; that they can carry concealed weapons, when they cannot; and that they can entrap people who normally would not be predisposed to commit a drug crime for the purpose of arresting them. All these areas as well as departmental policies concerning informant interaction must be gone over with the informant.Informants must also be taught to know they cannot violate the law in an effort to enforce it. The informant must know that violations of the law will not be tolerated, and that he will be arrested for doing so. For instance, breaking into a drug dealers home to find evidence of a crime will result in the informants arrest and prosecution for burglary. The informant must be clear on what he is expected to do, and more importantly, what he shall not do.SummarySince the public does not usually report drug crimes, it is imperative that drug agents collect a steady flow of actionable criminal intelligence in order for them to be effective. This requires the constant recruitment, use, and proper management of drug informants and their information. The purpose of informants is to gather information from sources not readily available to law enforcement officers; to make observations in places where strangers would immediately be suspect; to conduct undercover negotiations; and to gain firsthand, timely intelligence.Most informants either still are, or once were a part of the drug underground, which gives them access to highly valuable criminal information. At the same time, this association with drug dealers makes them inherently unreliable due to their criminal pasts and desire for anonymity.All informants provide information to the police in order to get something in return. Their motives range from being paid to playing the role of a fictional crime-fighter. Regardless of what motivates an informant to provide information, the drug agent must identify the true reasons early on. An informant who states he is being motivated by money when in reality is motivated by revenge, will ignore direction from his handler and orchestrate events that will fulfill his motivation. Perversely motivated informants are dangerous and destructive.Informants need to be kept under tight control. They need to know who is in charge and that they are not. The case agent and his or her supervisor must make every decision on what direction the drug investigation will take, never the informant. The informants input should be solicited and carefully considered, but the drug agent and his or her supervisor ultimately decides how the investigation will be conducted.