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  1. #1
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    Default criminal investigations and parallel construction

    I saw this article (LINK) on Reuters this morning. Basically part of the a DEA unit passes of intel (sometimes classified) to other law enforcement agencies, and then the second agency builds a case that is made to appear as though it was begun without the initial shared info. If you'd asked me if this happens, I would have guessed that it does. I'm sure it's useful in many instances, but I think it's a bad practice.

    Snippet:
    Reuters reported Monday that agents who use such tips are trained to "recreate" the investigative trail to effectively conceal the DEA unit's involvement from defense lawyers, prosecutors and even judges, a policy many lawyers said could violate a defendant's right to a fair trial. Federal drug agents call the process of changing the true genesis of an arrest "parallel construction," according to a training document.

    Snippet from another Reuters article (LINK):
    They learned this only four years later as Mejia appealed his conviction, and a federal appeals court sent a notice that surprised lawyers on both sides. The court informed the lawyers that just days before the trial had begun in 2001, someone from a Justice Department narcotics office secretly approached the judge in his chambers to present him with classified evidence. The judge then made a secret ruling that Mejia was not entitled to this evidence because it was neither helpful nor relevant.

    The notice the appeals court sent the Mejia trial lawyers asked them each to address whether the information would have been relevant at trial. The court asked the lawyers to do this without disclosing what the classified information actually was. Defense lawyer H. Heather Shaner said the request felt Kafka-esque.


    "I didn't know about the information at trial and on appeal I couldn't access it," she recalled. "It made me irrelevant as a lawyer."
    "Consequence outweighs probability." - Blaise Pascal

  2. #2
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    OK...listen carefully gents, because this is important and it is reality. The concepts of parallel construction and another - the law of inevitable discovery are the way things are done. Oh no...its wrong and illegal and unconstitutional!!! OK, but it is still done and will continue being done no matter what anyone says. Unless you are going to have an ACLU lawyer riding in every police car or UC unit to be sure that it doesn't.

    Here is a for instance...you stop a car filled with MS-13 types. You stopped them because they are MS-13 types and everyone knows they are bad guys.

    But they haven't done anything illegal yet you say.
    Yes that is true, but moving on.

    They are all pulled out the car at gun point, and they along with car is searched.
    Wait you say...that is illegal and you have no grounds to do that.
    Yes, that is true...perhaps I should just let them all go along their merry way in YOUR 'hood?
    No?
    OK...continuing.

    We find some dope in the car and a few guns.
    Illegal search you yell out. Yeah...ok...but -
    Then we start looking very carefully at each one until we find something to arrest him for...a warrant, the appearance to be on drugs...or if one of the guns can be assigned to one of them. Once that connection is made, the arrest is made and the search subsequent to arrest reveals what we already found. TADA!!!!

    But why didn't you do it backwards, you ask? Because it takes too long and you would never have the opportunity to really hit the bad guys hard. We know why we went after them...they were bad guys. All that was done then is the case was worked and built and developed. All were arrested...and the weakest one was turned into an informant.

    That informant gave us a house where a sh*t ton of stolen guns and dope was being stored. We got an S.W. and hit the house hard at zero dark thirty. Everyone in the house was physically subdued...one guy was shot when he reached for a sawed off 870 (gotta love the sound of an MP5 in the wee hours)...and a bunch of AKs, Sigs, and cocaine never made it to the OPFOR.

    None of that would have happened if Dudley Do-Right had been running the show instead of Jean Lafitte.

    You can't have it both ways boys and girls...you cannot.
    Gabriel Suarez

    Turning Lambs into Lions Since 1995

    Suarez International USA Headquarters

  3. #3
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    Walks like a duck......
    Profiling is king. The do gooders say you can't. Haha... We all do it everyday. So do cops. Build from there.
    I've been let go at least a half dozen times from stupid traffic stops. I'm guessing its cause I come up as a good guy. For what ever reason, I've been stopped more since I've had a carry permit then in the last 20 yrs. I have yet to receive a ticket since having my permit to carry.
    ????

  4. #4
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    I was once called in for not writing tickets. Anyone that says there is no "quota" is lying. Me...I have always hated traffic enforcement...not my thing unless used as a tool. SO anyway, I say, "OK L.T." and promptly drive out to the hood and stop every single car with what looks like a gangster. I am not a racist...I stop Mexican gangsters as much as Black gangsters. And before anyone ever says anything, I will say I am the only guy in my agency that ever shot a member of the Yakuza...so there! But I digress.

    Every stop turned into a felony arrest for one thing or another...but not for traffic. I get another call to the LT.

    "Damn it Suarez...you had five felony arrests...a bunch of dope and a couple of SKS rifles...but NO TRAFFIC. Don't go into the hood anymore...we need tickets!!!"

    "OK LT"

    So then I go up into the north side wher all the liberals live and every single car that did not make a complete stop at a stop sign got a ticket...as long as they had a Clinton bumper sticker on it. I didn't bother searching them as the rich white liberals kept their dope and other stuff at home and not in their rides.

    Next day...twelve tickets later, the LT calls me in again.

    "Can't you just write normal people tickets?"

    "What on earth do you mean LT?"

    "Never mind...GTF out of here...I do not want to see you for a while...get out...just don't break any laws...or jaws".

    Thanks LT...that night was the story I posted earlier...
    Gabriel Suarez

    Turning Lambs into Lions Since 1995

    Suarez International USA Headquarters

  5. #5
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    Quote Originally Posted by Gabe Suarez View Post
    The concepts of parallel construction and another - the law of inevitable discovery are the way things are done.
    My dear wife used to work for The Feds tracking down and removing assets from Unpleasant People. Often the beginning of the process involved "intelligence" which you couldn't present in court. The actual evidence presented was all real and spotless, because they crossed their t's and dotted their i's and pursued an independent path of research. I don't see a big problem here.
    Ceterum autem censeo, Carthaginem esse delendam

  6. #6
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    I could tell the story of the pedophile rapist who killed himself after I interviewed him...but then again, maybe not. Ten victims with that one. No trial or testimony for those kids. Such a "tragedy" .

    There is good and there is evil. I fought evil for fifteen years...and man I was good at it...and I enjoyed the f*ck out of it. And no...I did not follow the rules. I can say that now...even though I must be careful how much.

    You will not defeat evil with good...that is a f*cking lie. You defeat evil by cheating the rules. By sneaking up behind evil and cutting its frigging throat while its drinking a beer. Its ugly and smelly and necessary.

    How many of you know the smell of a fresh crime scene where a shopkeeper was shot to death and where the bad guys where shot dead by the good guys a few seconds later. It smells like shit and blood and smoke. We were not in time to save the shopkeeper, but we were in time to kill the bad guys. How was that information found I wonder?

    How about the kidnap victim...the little girl whose location "someone" found during a non-video taped coersive interviewed. Salvadorean cops have their own way of asking questions...with carbonated drinks stuck up the nose. Waterboarding is so pedestrian. If it was your daughter would you want me to worry about Washington, Jefferson and Franklin? Or would you just want me to ask in my usual nice Christian gentlemanly way?

    And I am so sick of people that have never risked anything questioning how evil is found, fixed, and f*cked!!!
    Gabriel Suarez

    Turning Lambs into Lions Since 1995

    Suarez International USA Headquarters

  7. #7
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    Quote Originally Posted by Gabe Suarez View Post
    There is good and there is evil.
    Going on medical/rescue calls here the past year, and backing up our local law enforcement, has given me a whole new outlook on the subject. I won't say much more, other than I greatly enjoyed learning how to apply "pharmacological restraints" today to some horrendous domestic violence "suspect". I suspect if the Sheriff hadn't been there, Large Men With Axes would have gone down a different path.
    Ceterum autem censeo, Carthaginem esse delendam

  8. #8
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    Quote Originally Posted by bae View Post
    Large Men With Axes would have gone down a different path.
    In the tradition of Ragnar Lothbrock
    Gabriel Suarez

    Turning Lambs into Lions Since 1995

    Suarez International USA Headquarters

  9. #9
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    This might be a naive point of view but ultimately I'm not really worried about all of it because I"m not a bad guy. I doubt there will be many if any cops whom would look at me and think bad guy. I really couldn't care less what the cops do in their fight against the bad guys.
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  10. #10
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    Quote Originally Posted by Gabe Suarez View Post
    In the tradition of Ragnar Lothbrock
    The veneer of civilization is thin indeed here in the hinterlands. And I'm OK with that. It makes my blood sing :-)

    Is that so wrong?
    Ceterum autem censeo, Carthaginem esse delendam

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