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Transcript: Investigation of Narcotic and Dangerous Drug Offenses, Part II: Developing Drug Cases

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00:00:09 #1 And I know for a fact he's been smoking pot for months now.

00:00:14 #2 I figured, well, that's his business.

00:00:17 #3 Anyway, I thought that he'd knock it off.

00:00:20 #4 Well, a lot of guys smoke pot for a little bit and then drop it.

00:00:24 #5 Well, now, him smoking pot, you say you know that for a fact.

00:00:28 #6 Well, how do you know?

00:00:29 #7 Well, I saw him.

00:00:32 #8 A bunch of us guys went to a drive-in movie

00:00:35 #9 and he used it right in the car.

00:00:37 #10 Crazy.

00:00:39 #11 I was sweating. I figured they grabbed me and all of us if they caught him.

00:00:47 #12 Well now how do you know that it was marijuana cigarettes?

00:00:49 #13 Maybe it was just real tobacco and the cat was putting you on?

00:00:52 #14 No sir. I saw it. Well he offered me one. And I got a good look at it.

00:00:58 #15 I didn't take it mind you but I got a good look at it.

00:01:01 #16 Well the paper was different. It looked handmade. Both ends were squeezed together.

00:01:07 #17 And then there was the smell.

00:01:10 #18 The car windows were closed.

00:01:12 #19 Okay. Now, what about this moment?

00:01:15 #20 Well, like I said, he's late as usual.

00:01:19 #21 And he's rushing around, not getting anywhere but rushing.

00:01:23 #22 Well, he opens his locker and a whole pile of stuff falls out on the floor.

00:01:28 #23 Lots of guys noticed. They made cracks about what a slobby was.

00:01:33 #24 They're just kidding.

00:01:34 #25 a kid. One guy went to help women you pushed him away like was nervous.

00:01:41 #26 I'm only two books away from him so I got a good look.

00:01:45 #27 As clear as day with two packets with white powder in

00:01:51 #28 about that big. Well did he know that you saw them I don't think so.

00:01:56 #29 You said in such a hurry to get them out of sight I don't think he saw

00:02:00 #30 anything now and that was this one right this morning after child look I don't mean

00:02:09 #31 a blow to whistle on anybody but like with the pot I felt he get over but man if

00:02:15 #32 he's fooling around with the hard stuff. Now what do you mean by hard stuff.

00:02:23 #33 You know heroin look like that kind of stuff to me. We saw the movie once on

00:02:29 #34 drugs. And it looked like that kind of stuff. In many cases the initial leads to

00:02:35 #35 narcotics offenses are provided by informants. Information received must be

00:02:39 #36 acted upon, but the special agent developing a drug case must plan every

00:02:44 #37 step with great care. He must be certain that all of his actions are logical and

00:02:49 #38 legal.

00:03:04 #39 Alright, LeBella Anderson, I'd like to say thank you man. You've been real hip.

00:03:08 #40 As you've just seen, a special agent has been informed that a private

00:03:12 #41 That foster may be in possession of illegal drugs.

00:03:15 #42 A suspect has been identified and a search of his possessions may be in order, but only

00:03:21 #43 when and if the informant's reliability can be established.

00:03:33 #44 An interview with the company commander may be a logical first step.

00:03:37 #45 He can provide needed information about both the informant and the suspect and can also

00:03:42 #46 authorize a search in his company area but remember that the fewer outsiders

00:03:47 #47 involved the better particularly in narcotics offenses every step taken at

00:03:52 #48 every stage of the investigation should be planned and executed so that there

00:03:56 #49 is an absolute minimum of public observation but I'm glad it's interesting

00:04:00 #50 you're asking about in this case I can give you all positive answers he's young

00:04:05 #51 and has a lot of nervous energy that makes him seem excitable but he's a very

00:04:09 #52 honest serious reliable soldier or the best I have lieutenant I don't understand

00:04:15 #53 me I'm not questioning your judgment but is that your impression of the man or do

00:04:20 #54 you have I understand. Well Anderson's record is excellent and just a couple of

00:04:26 #55 months ago he turned in a while it that he found over four hundred dollars in

00:04:29 #56 cash in it he could have easily pocketed the money but he turned it in I'd say

00:04:34 #57 he's conscientious honest and reliable well now how does it get along with

00:04:38 #58 with the other men any fights or any grudges maybe I might be out to get anybody out

00:04:43 #59 to get anybody know not Anderson he gets along with everybody he's well liked he

00:04:49 #60 certainly has no enemies in the platoon yeah we'll tell me do you know if Anderson

00:04:54 #61 has had any previous drug drinking well yes he has just last week the entire

00:04:58 #62 platoon attended a drug program with the informant's reliability established the

00:05:03 #63 character of the suspect can then be investigated thanks Lieutenant now what

00:05:08 #64 about Boston private it was Boston. One of them never mind the

00:05:14 #65 a tune image this is important. Okay sir night go lose or

00:05:20 #66 first is a problem in one way every way late lazy lacks doesn't do

00:05:27 #67 his job unless you sit on. Bars money and doesn't pay up tries to sell

00:05:31 #68 everything he's got. In fact we think he's pulled a few tests but we have

00:05:36 #69 a quarter met. Well has he been this way since he joined the

00:05:39 #70 a tune. That's a funny thing. Originally he was OK nothing great but OK and then in

00:05:45 #71 the last month or so he's gone downhill like a racer walks around on a fog doesn't make

00:05:50 #72 any attempt to anything his appearances gotten sloppy to dramatic change sudden

00:05:56 #73 deterioration of physical appearance and personal attitude borrowing money and

00:06:00 #74 selling personal possessions these are all good indications of drug abuse more of

00:06:06 #75 The lieutenants remarks will be recorded in notes by the special agent, since they are of importance in establishing the reliability of the informant and affirming the likelihood that the suspect is in possession of illegal drugs.

00:06:19 #76 Well gentlemen, I hope Lieutenant Allen was of some help to you.

00:06:22 #77 Oh yes sir.

00:06:23 #78 For acceptability in court, a search warrant provided by a military judge is preferable, but when time is an important factor, permission can be obtained from the unit commander.

00:06:34 #79 So between what Anderson told us what he saw this morning and what Lieutenant Allen said about both men,

00:06:41 #80 we feel that the search is called for and quickly, since the evidence was there this morning, it should still be there now.

00:06:48 #81 Therefore, sir, we'd like to obtain your permission to search part of this false, this personal effect.

00:06:53 #82 Before a commander may authorize a search, he must personally conclude on the basis of information presented to him

00:07:00 #83 him that narcotics are likely to be on the premises at the time of the search.

00:07:04 #84 He must believe that the person furnishing the information is reliable

00:07:08 #85 and that he has a sound basis for his information.

00:07:11 #86 Mission to search private foresters, locker and personal living area.

00:07:15 #87 The objective of your search will be illegal drugs and drug paraphernalia,

00:07:19 #88 and it will take place now.

00:07:22 #89 Thank you, Captain.

00:07:24 #90 The commander's permission to search and the reasons that led up to it

00:07:28 #91 will also be recorded in a written statement.

00:07:32 #92 Although the commander often assists in the actual search,

00:07:35 #93 his presence is not legally required.

00:07:38 #94 The suspect may or may not be present during the search of his possessions at

00:07:42 #95 the discretion of the special agents conducting the investigation

00:07:46 #96 since his presence is not legally mandatory.

00:07:51 #97 The search must be thorough and methodical.

00:07:53 #98 The investigators should be equipped with containers and markers so that any

00:07:56 #99 evidence found can be safely packaged and correctly labeled.

00:08:02 #100 Hey, hey.

00:08:03 #101 I run it when Mark is down.

00:08:06 #102 It is important to take photographs and to keep notes as to the time, the place, and the items found

00:08:12 #103 so that all actions taken and discoveries made are thoroughly documented.

00:08:19 #104 The evidence container must be marked for positive identification of its contents, including the time, date,

00:08:25 #105 Place where found the contents of the container the initials of the special agent and the initials of any or all witnesses

00:08:33 #106 Hey, Roy. Hey, Harry. How are you?

00:08:37 #107 Listen, I got some evidence need to be entered to the room.

00:08:40 #108 The evidence must be handled with care to avoid contamination and turned over to the evidence custodian.

00:08:48 #109 The evidence must be receded just like classified material whenever it changes hands.

00:08:53 #110 That's good. I think we got some good evidence and...

00:08:56 #111 At this time do you want to loy?

00:08:58 #112 No.

00:09:00 #113 Okay, at this time are you willing to discuss the offenses under investigation?

00:09:05 #114 Okay.

00:09:06 #115 The primary objective of a narcotics investigation is not just the identification of the drug

00:09:11 #116 user.

00:09:12 #117 It is more important to locate the supplier, the pusher, and to cut the supply line at

00:09:17 #118 its highest point.

00:09:20 #119 For this reason, every attempt possible to enlist the cooperation of the suspect should

00:09:24 #120 be made.

00:09:26 #121 that cooperation the supplier can be identified and the investigator can expand

00:09:31 #122 into more productive areas. By helping us you'll be helping a lot of the guys stay

00:09:44 #123 out of trouble. Investigators must ensure that the suspect is not induced to

00:09:50 #124 answer questions in exchange for preferential treatment in his case.

00:09:53 #125 No, man.

00:09:56 #126 You know, what can I tell you?

00:09:58 #127 Where did you get this gag? Who sold it to you?

00:10:02 #128 Right now, look.

00:10:03 #129 I don't want to be put down on any lists, right?

00:10:06 #130 I mean, I've got enough trouble now, right?

00:10:08 #131 All right, listen. That you don't have to worry about.

00:10:10 #132 Whatever actions we take will be so arranged that you will not be connected with them.

00:10:14 #133 Okay? So now, why don't you just get rid... get it up off your chest.

00:10:18 #134 Come on, and get rid of it.

00:10:21 #135 The movies.

00:10:24 #136 Yeah, you know the post theater the guy that shows the pictures the um projectionist he's the guy that told me this stuff

00:10:30 #137 Well when where?

00:10:32 #138 Machines all the cameras upstairs in the booth yeah in the booth

00:10:39 #139 You go up there do on a show

00:10:43 #140 And you know if he knows here you pick it up. What does he keep it there? Yeah, no well? I mean

00:10:49 #141 It's not like he has a store there. I doubt it's like

00:10:52 #142 like you sort of a place in order like for the next night. Well how much.

00:10:58 #143 Because in times of times and times. Well what's his name. But all I know is that he's a G. I.

00:11:04 #144 and he works there part time. I get nine million ways of making bread. Well what does it

00:11:09 #145 what does he look like. How did you come to me. But I don't want to get anybody else

00:11:14 #146 in trouble investigation should always seek to establish the chain of continuity and

00:11:19 #147 to establish all of the links in the chain who introduced the buyer to the seller

00:11:24 #148 how and where is the buy made what is the seller's source who sells to the seller

00:11:29 #149 is there a need for medical assistance is there a need for ultimate referral

00:11:34 #150 and when I first came over how were you yesterday could make it I hung up with

00:11:39 #151 duty you know don't hang me up I don't like holding this stuff for nothing that's

00:11:43 #152 four nickels right a second suspect the seller or pusher has been

00:11:49 #153 identified. The next step is to verify that identification and establish proof of his

00:11:55 #154 illegal involvement. One method of doing this is to make investigative drug purchases or

00:12:00 #155 buys. Investigative buys are made with CID funds. Excessive multiple purchases from one

00:12:08 #156 source are avoided and the buys are kept at a reasonable level.

00:12:11 #157 Hey, um, I guess it's Bunny, you know?

00:12:15 #158 He wants to score.

00:12:17 #159 Is he okay to bring him up here?

00:12:18 #160 What kind of Bunny?

00:12:19 #161 How long you know him?

00:12:21 #162 Okay, I'm sure. He's a regular guy, you know what I mean?

00:12:23 #163 Yeah.

00:12:24 #164 Hey, look, man, I ain't looking at making bad waves.

00:12:26 #165 You know what I mean?

00:12:27 #166 Well, I'm not either, you know.

00:12:28 #167 I got a good thing going here.

00:12:29 #168 I don't want to mess it up.

00:12:30 #169 Don't worry about it. I know him.

00:12:32 #170 Who is he?

00:12:33 #171 He's a guy.

00:12:35 #172 Why don't we all go down and bust that little piece down?

00:12:38 #173 Sometimes the informant can be used to introduce a special agent to the seller.

00:12:45 #174 When this is done, no action is taken immediately. The object is to establish the special agent as a customer and to divorce him from the informant.

00:13:00 #175 agent as a customer and to divorce him from the informant.

00:13:04 #176 You want it too, right?

00:13:05 #177 Yeah.

00:13:07 #178 Sure about that.

00:13:09 #179 Yeah.

00:13:10 #180 I'm sure about that.

00:13:11 #181 You know, I have a possible big mark.

00:13:13 #182 The objective is to try to move upwards from the seller to other higher sources.

00:13:18 #183 And I kind of like to do what you're doing.

00:13:20 #184 Oh, you would?

00:13:21 #185 Yeah.

00:13:22 #186 Make some big money?

00:13:23 #187 Yeah, I'd like to meet your supplier, set myself up.

00:13:25 #188 Well, I'm sorry, Pat, which you can't.

00:13:27 #189 Well, how about a helper?

00:13:28 #190 No, no, no.

00:13:29 #191 No, no, no. So one-man operation.

00:13:32 #192 But if that possibility seems unlikely,

00:13:34 #193 it may be time to take direct action and apprehend the seller.

00:13:38 #194 And he wouldn't budge.

00:13:39 #195 Said if I had a market, he'd supply it,

00:13:41 #196 sell me anything I wanted.

00:13:43 #197 But he was like a brick wall when I tried to move up

00:13:45 #198 to his source.

00:13:46 #199 We tried surveillance, but that failed to produce

00:13:49 #200 the supplier as well.

00:13:51 #201 OK, so there's no goal in that.

00:13:54 #202 All right, well, since we won't talk to you,

00:13:56 #203 then we'll go over and talk to Tally Adams.

00:13:57 #204 over the idea again maybe it feel like talking if we bust in with some stuff

00:14:03 #205 OK it's time to move in on it right OK now listen I don't think it's going to be

00:14:09 #206 good to have Harry walk in with another man might scare Sam off but we got to have

00:14:14 #207 the buy observed so now what we're going to do the objective of course is to

00:14:18 #208 make a strong legal case against the suspect and direct observation of the buy

00:14:23 #209 is most desirable. The buy is proceeded by detailed planning and

00:14:29 #210 extensive briefing of all who will be involved in it, including a representative of the Drug

00:14:34 #211 Enforcement Agency. In all doubtful cases, the plan should be double-checked before its

00:14:39 #212 execution by a CIDCJAG or a lawyer. This precautionary step will assure the legal validity of the

00:14:47 #213 plan and avoid the possibility of entrapment. Oh yes, sir. We'll check that prior to going

00:14:52 #214 out. The money to be used in the by must be identified and carefully receded. If an

00:15:01 #215 informant is to make the by, he must be searched in advance to establish firmly

00:15:06 #216 that he has no drugs in his possession. If a special agent is to make the by,

00:15:11 #217 assurance is made that he has no personal effects other than the marked

00:15:15 #218 money for the by. What else do you think, a cop? I think we're all

00:15:21 #219 straight now surveillance should be constant with the buyer kept in view as he

00:16:05 #220 proceeds to the side of the buy so I'd miss you know what a hell you've been

00:16:12 #221 you're supposed to be here I know I know I got stuck couldn't help it what's the

00:16:15 #222 big deal I'm here and I know what the next time to help with you you've got the

00:16:18 #223 note no never got to check from home but I got any bucks you can trust me for

00:16:22 #224 the other 20 okay yeah that whole with that you got eight times you get eight

00:16:25 #225 bags you get the rest tomorrow when I get the bread now come on I want to get

00:16:28 #226 the hell out of you okay okay. Still in the way can't trust me for the other lousy

00:16:38 #227 twenty. Over time we did. Apprehending a suspect demands special attention. He must

00:17:03 #228 be given no opportunity to dispose of the incriminating evidence the special agents

00:17:08 #229 failure to have the full amount of money was deliberate to ensure that the seller

00:17:12 #230 would be apprehended not only with the incriminating identifiable money but

00:17:16 #231 but also with unsold drugs in his possession.

00:17:19 #232 The need for documentation continues after the buy has been accomplished.

00:17:24 #233 To protect the undercover status of the buyer, he is apprehended along with the subject.

00:17:29 #234 The buyer must again be searched, and the evidence must be marked for identification

00:17:34 #235 and handled carefully to avoid contamination.

00:17:37 #236 The evidence must be turned in and receded.

00:17:40 #237 The money used for the purchase and the purchased drugs.

00:17:45 #238 and i came running up to me as we had planned

00:17:48 #239 statement must be taken from the agent or informants who made the purchase and

00:17:53 #240 from all participants of the controlled by

00:17:56 #241 okay

00:17:58 #242 as all the uh... mark money recovery

00:18:01 #243 and again the by should be reviewed by the staff judge advocates office

00:18:07 #244 the key to making a successful investigative drug purchase

00:18:11 #245 is planning and attention to detail

00:18:14 #246 Learn the recommended procedures and follow them.

00:18:17 #247 Pay particular attention to the identification and handling of the purchase money and the drugs purchased.

00:18:23 #248 They must be handled like classified material and a rigid receding procedure must be followed.

00:18:33 #249 Maintain close liaison with the staff judge advocate's office to make sure that you're always on safe legal grounds.

00:18:42 #250 The drug abuser and the drug pusher account for a high percentage of crime in our country

00:18:47 #251 and the problem places great responsibility on the shoulders of the law enforcer.

00:18:52 #252 His integrity and professionalism must be of the highest level

00:18:56 #253 and on the subject of drugs and drug abuse

00:18:58 #254 he can afford to be nothing less than an expert.