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FBI Undercover Guidelines - Oversight Hearings Before the House of Representatives Subcommittee on Civil and Constitutional Rights, February 19, 25 and 26, 1981

NCJ Number
84676
Date Published
1981
Length
186 pages
Annotation
Testimony critiques the FBI guidelines for undercover operations.
Abstract
Testimony generally applauds the FBI effort to delineate policy guidelines for undercover operations, but witnesses from the fields of law and sociology criticize the guidelines for their ambiguity and failure to place sufficient restraint on tactics involved in undercover operations, such as prohibiting undercover agents from engaging in acts harmful to innocent parties to maintain 'cover' and providing the tools for criminal activity that would not otherwise be available. The guidelines are also criticized for their failure to require the establishment of probable cause when considering undercover activity that involves a significant intrusion into the privacy of citizens. One witness recommends that Congress codify the rules for undercover activity to be used as the legal standard for determining the legitimacy of undercover activity. While no witness favors the prohibition of all police undercover activity, there is a general concern that unless undercover activity is severely restricted, it can pose a threat to the privacy of innocent citizens. The FBI guidelines for undercover operations are appended, along with a study of the Abscam operation. For the statement by Gary Marx, a professor of sociology, see NCJ-84677.