Ethical Dilemmas in Undercover Operations

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Table of Contents

Introduction
Committing Misdemeanors
Committing Felonies
Compelled to Intervene to Prevent Crimes
Criteria that Need to the Established Ahead of Time
Conclusion
References

Introduction

Undercover missions can be challenging for new officers, but those who have been on several missions understand what is required of them. One should always remember the undercover safety and procedures when preparing for any operation – they can help an undercover detective navigate the legal and ethical issues associated with duty performance (Police Bureau, n.d.). It is clear that both detectives, Amy Underwood and Sheila Freeman, will encounter several challenges as they go deep undercover to infiltrate the Ruckus Society training camp. The most important traits that the two must embody include being more resourceful, assertive, and manipulative. To infiltrate the camp, they must strive to consider their ethics every step of the way. While it is true some detectives end up being caught in the excitement of adrenaline that comes with the mission, they must strive to minimize the level of deceit. Overall, safety procedures such as avoiding entering a suspect’s vehicle will help the detectives determine what to do and avoid while on the mission.

Committing Misdemeanors

The first issue that both detectives will consider is whether it is permissible to commit misdemeanors such as smoking marijuana to keep their undercover status from being compromised. It is important to note that handlers and informers will have varied views regarding the steps one should take to safeguard their status. However, as an Assistant U.S. Attorney, the most appropriate thing to do is to eschew expediency when making a moral choice. While some detectives may opt to rely on advice or directives from their handlers or informers, they may suffer some harmful consequences at a later stage. This is because some of them may be embroiled in corruption or even have hidden agendas (Feldman, 2019). In addition to this, an undercover detective should always ensure they do not get deep into the operation.

Therefore, the main reason why detectives should not commit such misdemeanors is to ensure they do not compromise their ethics. Both Underwood and Freeman must remember that by taking the initiation to commit the first misdemeanor, they may end up being part of the many thefts initiated by the group in question. The question they must ask themselves relates to whether committing petit theft or smoking marijuana is worth their ethics. Their main responsibility is to refrain from encouraging the suspects to commit crimes that they would not ordinarily commit (Harper et al., 2021). One of the undercover safety and operation procedures advises officers against consuming any controlled substances as a part of the undercover role (Police Bureau, n.d.). If they encounter such a situation, the detectives have a right not only to refuse to take such substances but also to terminate their contract.

Committing Felonies

Another issue that the detectives will cripple with during their operation is whether to commit felonies such as grand theft or robbery as a way of maintaining their status of not being compromised. It is imperative to note that before any member is sent undercover, they are properly trained and informed of the choices they will be required to make (Harper et al., 2021). Although the choices made will depend largely on the nature of the situation, both Underwood and Freeman must ensure they operate within their personal and professional level (Feldman, 2019). Similarly, they were made aware of the possible scenarios they might encounter and the consequences of the accompanying decisions. The ethics of law enforcement holds that law enforcement officers are bound to encounter ethical dilemmas when performing their investigative duties. Sometimes, officers may be compelled to “walk a line between being tenacious in their investigations and being overzealous in refusing to give up a case that ought to be closed due to a lack of evidence” (Feldman, 2019, p. 120). In most cases, this statement is used to select an undercover for a particular operation.

It is also necessary for officers to develop a clear sense of awareness by ensuring their personal feelings do not get in the way of objective, critical thinking, and reflective consideration. Therefore, before engaging in any felonies, they must ask whether they will have enough evidence by the time the case is taken to court. An important question to ask here will be whether their actions might impact their credibility when confronted with the defense counsel and the judge.

Compelled to Intervene to Prevent Crimes

In some instances, the detective will be faced with a dilemma as to whether they should intervene to prevent crimes that they are aware might happen. The most overarching point to consider is that it is not within the detectives’ power to perform the duties of a case officer. This is because their decision might jeopardize the entire mission and, in the end, cost them the work and the pieces of evidence that they have already gathered. Therefore, when faced with such a situation, both Underwood and Freeman should report the matter to their superiors and, in this case, their supervisors. Their main goal is to ensure the mission is not compromised in whichever way (Feldman, 2019). It is the responsibility of the superiors to consider the nature of the information given and decide. Besides reporting the matter, they must be aware of the dangers that might arise because they may be required to take part in illegal activity. In such a scenario, the decision arrived at should be based on legal and ethical considerations.

In line with the above, the detectives must refrain from intervening because of their close association with the Ruckus group. First, they need to understand that the group may have trust issues, especially with new members. For instance, they will likely be challenged by some members in the training camp because they are both new and no one knows them – they will run a background check. Most targeted information revolves around names, ages, family, and friends – Ruckus people will always strive to ensure they acquire some form of leverage over their members. Trust is not easily achieved in the criminal world – some people are tested for months before finally being invited to the “big table” (Harper et al., 2021, p. 19). Once the detectives have proven their loyalty, they will start gaining access to the most sensitive information. Secondly, they should never stray from the roles assigned. This includes refraining from intervening to prevent a crime from happening.

Lastly, the detectives should utilize different techniques to ensure all the information that they come across is relayed back to their handler. This will require checking whether the devices are functional and capable of relying on clear and accurate information. Lastly, the detectives should make good use of all the devices included in the operation plan such as visual and audio signals, telephones, radios, and pagers.

Criteria that Need to the Established Ahead of Time

Before the detectives were to undertake the mission, they needed to have a clear plan for communication, safety, and conduct. In communication, the officers must be aware of the roles of all the other six members involved in the operation. They must ensure all communications are clear and concise between the undercover members, especially during covert operations. They need to ensure pager codes and signals are determined ahead of time so that the cover team can communicate on multiple levels with the undercover members. Most importantly, predetermined signals should be established and briefed before embarking on the mission to ensure they are all on the same page.

On the issue of safety, the undercover detectives must receive training ahead of time specifically on what will be required of them during the mission. They need to be aware of what to expect when they arrive at the camp. For instance, they should be aware of the contingency plans to rescue them as indicated in the operational plan. Lastly, on conduct, the detectives must be informed of all the possible choices and their resulting consequences whenever they are in a dilemma. More emphasis should be on the need to operate within their personal and professional capacity

Conclusion

Undercover missions require adequate training, especially for new officers. This is necessary because most of them encounter challenges that, if not resolved instantly, compromise the whole operation. As evidenced above, Amy Underwood and Sheila Freeman, have a duty to ensure the undercover mission is a success. However, there are several issues such as committing misdemeanors that they will encounter along the way. The solutions to these issues depend on how the detectives operate within their personal and professional levels.

References

Feldman, G. (2019). The gray zone: Sovereignty, human smuggling, and undercover police investigation in Europe. Stanford University Press.

Harper, D. J., Ellis, D., & Tucker, I. (2021). Covert aspects of surveillance and the ethical issues they raise. In R. Iphofen & O’Mathuna (Eds.), Ethical issues in covert, security and surveillance research (pp. 334-379). Emerald Publishing Limited.

Police Bureau (n.d.). 0640.95 Undercover safety and operation procedures. The City of Portland, Oregon. Web.

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