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DEA Program "More Troubling" Than NSA
Rambo Tribble writes "Reuters is reporting on a secret effort by the Drug Enforcement Agency to collect data from wiretaps, informants, and other sources. Considered most troubling is a systematic campaign to hide this program from the courts, denying defendants their right to know how evidence against them was obtained. This agenda targets U.S. citizens directly, as it is mainly focused on drug trafficking. From the article: 'Although these cases rarely involve national security issues, documents reviewed by Reuters show that law enforcement agents have been directed to conceal how such investigations truly begin - not only from defense lawyers but also sometimes from prosecutors and judges. The undated documents show that federal agents are trained to "recreate" the investigative trail to effectively cover up where the information originated, a practice that some experts say violates a defendant's Constitutional right to a fair trial. If defendants don't know how an investigation began, they cannot know to ask to review potential sources of exculpatory evidence - information that could reveal entrapment, mistakes or biased witnesses.'"
Constructing a case against someone that you *cough* accidentally discovered was doing something wrong via an illegal wiretap or massive surveillance is almost an everyday occurrence in this country. Everyone from the tin-star country sheriff to the biggest police department does it.
This is why license plate scanners, mass email sifting, etc ad-nauseum is so insidious EVEN for people who do nothing wrong, except drive down the wrong street at the wrong time, or post on the wrong threads (like this one) on a public forum.
You can be made do look guilty enough to be detained, your reputation for ever ruined, or actual arrested and prosecuted and convicted by un-questioning juries who simply want to go home.
The wisest thing is for any defense attorney to do is to ask direct questions as to why this particular car was stopped on this particular day, or why that particular hoodie was a target of stop and risk. That forces the police and prosecutors to either fabricate a lie, or reveal these retro-investigations.
Will it have any immediate effect? I sincerely doubt it. But you catch them at it once, and you can taint a lot of cases.
One wonders if license plate scanners aren't really a huge scam to provide a vaguely dependable program for acquiring a pretense of probable cause. Looking for stolen vehicles, but only in the areas where drug sales or prostitutes are plentiful.
Sig Battery depleted. Reverting to safe mode.
Sounds like a way of [not] having to get one of those bothersome warrants.
Even better, if the original collection mechanism was illegal, you can avoid having the evidence excluded as 'fruit of the poisonous tree' by producing a "parallel construction", that isn't illegal, for how you came to possess it! Such convenience.
Which, interestingly, is how military intelligence hides their sources. Supposedly during WWII the Allies never took action on information derived from ULTRA, unless they could find other evidence once they knew the fact. That way the Germans could always conclude that the Allies figured things out by normal means, rather than having an ear in their HQs.
Makes you wonder who the DEA is getting advice from.
Sheesh, evil *and* a jerk. -- Jade
Do you think it won't get worse?
I saw the first drone fly over my head the other day.
If that isn't a wake-up-call, what is?