Undercover Cops: Navigating Law-Breaking Operations

Undercover cops are allowed to commit certain crimes while trying to catch people committing crimes. In most cases, they are required to get prior approval from someone higher up in the chain of command. However, if an officer feels that committing a crime is necessary to maintain their cover, they may do so at their own discretion, but they will likely have to justify their decision afterward. Undercover cops are usually prohibited from engaging in violent acts or attempting to instigate a crime, but there are exceptions, such as self-defence or protecting the life of an innocent person. The use of undercover cops can be controversial, as it raises concerns about public safety, officer safety, intrusiveness, and the reliability of evidence.

Undercover cops require prior approval from a superior to break the law

Undercover cops are permitted to break the law in certain situations, but this is not without restrictions and guidelines. In the US, the Attorney General's guidelines for FBI undercover operations state that undercover agents may not break the law unless their participation is both justified and minimised. Justification for breaking the law includes obtaining information or evidence necessary for an investigation, establishing or maintaining a cover identity, and preventing death or serious injury.

In most cases, undercover cops require prior approval from a superior to break the law. This approval process is designed to ensure that the officer's actions are justified and do not pose unnecessary risks to the officer's safety or the public's safety. However, there may be situations where an officer feels that they need to break the law immediately to maintain their cover. In such cases, they may have the discretion to do so, but they will likely be required to justify their decision retrospectively and may still face criminal charges.

The extent to which undercover cops are allowed to break the law varies depending on the country and the severity of the crime being investigated. For example, in the UK, following a series of scandals involving undercover police officers, the ability of undercover cops to commit crimes has been drastically limited. Sexual contact and the use of illegal drugs are now technically banned for undercover officers in the UK, with exceptions only made if there is an immediate threat to the officer's safety or the safety of others.

Overall, while undercover cops may be permitted to break the law in certain situations, this is not without strict guidelines and approval processes in place to minimise harm and ensure accountability.

They can be prosecuted for crimes committed without approval

While undercover cops are permitted to break certain laws in the course of their duties, they are not above the law. Undercover police officers can be prosecuted for crimes committed without approval from their superiors or relevant authorities.

Undercover officers often pretend to be unaffiliated with the police and may participate in illegal activities to gain the trust of suspects and gather evidence. However, they must not coerce or incite individuals to commit crimes as this would constitute entrapment, which is illegal. For example, an undercover officer providing an individual with drugs and then arresting them for drug distribution could be considered entrapment if the individual was not previously involved in drug-related activities.

The level of permissible illegal activity for undercover officers varies by department, state, and country. In the United States, federal agencies like the DOJ can grant informants immunity for their actions, but this does not always apply to undercover officers.

Undercover officers are also restricted in their use of deception to obtain information and evidence. For instance, there have been proposals to limit undercover investigations of a single person by a single agency to 24 hours without a court-approved warrant. Additionally, while undercover operations may involve business and social relationships, they should not include intimate personal relationships. Any evidence obtained in violation of these proposed restrictions should not be admissible in criminal proceedings.

Undercover cops can lie about their identity

Undercover operations are often the only way for police and prosecutors to build a case against a person, as some people may behave differently if they believe the police are not around. Courts do not take issue with undercover officers lying about their identity, as those lies are used to detect and stop crime.

However, it is important to note that this does not give undercover officers free rein to do whatever they want. For example, in the state of Kentucky, police entrapment is defined as inducing or encouraging a person to engage in criminal conduct by a public servant or someone acting in cooperation with a public servant seeking to obtain evidence for criminal prosecution. If a person was not otherwise disposed to engage in such conduct, they may have a successful entrapment defense available.

In California, as in the rest of the United States, there is no legal requirement that compels undercover officers to reveal their true identity when asked. This misconception is not supported by statutory or case law and seems to arise from a misunderstanding of what constitutes entrapment. Entrapment occurs when law enforcement induces a person to commit a crime that they would not have otherwise committed. Simply denying their identity as a police officer does not constitute entrapment. For entrapment to be a valid defense, it must be shown that the idea for the crime originated with the police and that the defendant was not predisposed to commit the crime.

They are prohibited from engaging in violent acts

Undercover police officers are prohibited from engaging in violent acts. This includes violent crimes such as murder, which cannot be legally authorised by a superior.

Undercover officers may, however, participate in illegal activities in certain circumstances. For example, they may be permitted to use drugs or have sexual contact with prostitutes in the course of an undercover investigation. Such activities must be authorised in advance by a supervisor and are generally only permitted in high-value investigations where the officer's participation is necessary to obtain information or evidence, establish or maintain a cover identity, or prevent death or serious bodily injury.

The use of undercover officers in criminal investigations can be highly intrusive and must be carefully regulated to minimise harm and protect the safety of the officer and the public.

Undercover cops can form romantic relationships with targets

Undercover cops can and do form romantic relationships with targets. In England in the 1990s, Helen Steel, a young environmental activist, was manipulated into having a relationship with an undercover police officer. The officer disappeared shortly after professing his love for Steel, and she spent 18 years searching for him. Steel was one of several women manipulated into long-term sexual relationships with undercover police officers, some of whom even fathered children while infiltrating activist groups.

Undercover police operations can involve infiltrating criminal gangs, protest groups, and activist groups. In the process, officers may participate in illegal actions, such as drug use, and help other criminals commit these acts. However, undercover officers cannot commit violent crimes, especially murder. While they may receive immunity from prosecution for smaller crimes, they cannot be authorized to commit violent crimes or murder.

The line between undercover work and entrapment is a fine one. Entrapment is a legal protection that means police cannot coerce an individual to commit a crime just so they can arrest them. However, undercover officers do create situations that allow individuals to commit crimes. For example, they may offer an individual an opportunity to commit a crime they would not have had otherwise.

Undercover policing is intrusive and complicated, and it is prone to errors and failures. While it has a legitimate function in society and can save lives, it must be conducted within an appropriate legal and ethical framework.

Frequently asked questions