NCJ Number
183887
Journal
FBI Law Enforcement Bulletin Volume: 69 Issue: 5 Dated: May 2000 Pages: 26-32
Date Published
May 2000
Length
7 pages
Annotation
This article discusses the rationale behind the government’s qualified legal privilege not to disclose a sensitive investigative technique such as sensitive equipment or listening posts; the discussion also addresses practical considerations on how law enforcement can use this privilege effectively.
Abstract
Courts that recognize a privilege for sensitive investigative techniques handle it as a qualified privilege based on several rationales, including the potential danger to the lives of police officers if the technique is revealed and the possibility that police officers are too well known in an area to conduct open surveillance. Courts determine the applicability of the privilege on a case-by-case basis. Police officers should ensure that they are familiar with the law in their jurisdictions. They should also consider department policies, policies or positions of the prosecutor’s office, the probability that the technique will have to be disclosed if it is the only or a major source of evidence, and other factors. Photographs and reference notes