Undercover police activity has become a standard feature of the contemporary political terrain. Disclosures in recent years indicate that environmentalist, anti-nuclear, and animal rights groups are likely to be targeted for surreptitious investigation. This can take many forms, from an inconspicuous stranger who turns up to help at a demonstration, to a trained "deep cover" operative who may spend yeras working inside a target organization. These operations can be launched locally by a police or sheriff's department, or by any of a number of federal agencies, such as the Forest Service, which now has the third largest law enforcement staff in the federal government.
Another major source of inside information for investigators is the "CI" or "confidential informant." These informers can be private citizens recruited to infiltrate a group, or fearful members who turn on their friends (usually to save themselves). Without the existence of the CI, or "snitch," there would in fact be very few arrests made for major crimes. However, CIs do have major shortcomings from a police perspective, including their general unreliability, questionable status as testifying witnesses, and frequent refusal to testify in open court. Therefore, the information garnered from a CI must be backed up by the testimony of undercover police officers or supplemented by intensive police investigation (which may involve surveillance and the use of search warrants) to build a case without putting the informer on the witness stand. In fact, the use of a CI in an arrest is usually not revealed, so the investigation may appear to be nothing more than competent police work.
Any monkeywrencher who suspects surveillance, should examine associated, study who has access to information now believed to be in the hands of the police, notice anyone who suddenly attempts to distance themselves, and be alert to any other indication that investigators are receiving inside information.
The increasing sophistication of undercover operations has made it more difficult to spot these people. Today's undercover officer can look and sound like anyone. Many years ago, an undercover cop might be exposed when suspicious associates pilfered his phone bill from a mailbox and found that it listed numerous calls to a recognizable police phone number. Those days are gone as the quality and training of undercover operatives has improved. Only the crudest attempts to infiltrate, such as those occurring at demonstrations or other well-publicized events, are likely to be obvious due to the appearance or demeanor of the plainclothes officer.
There are two broad categories of undercover operative: deep cover and light cover.
A deep cover operative "lives" the role. It may be someone with extensive experience in undercover work, or a young person selected from an academy training class. Novices are actually preferred sometimes because they have not acquired the typically authoritarian habits that might give them away as cops, and also because they are less likely to be recognized by regular cops in the field who might unknowingly reveal their identity in a chance encounter.
Deep cover operations are tightly compartmentalized within the investigating agency to prevent breaches of security or leaks by employees sympathetic to the group being infiltrated. These operations may be coordinated from isolated offices at training facilities like the FBI's Quantico Academy or the Federal law enforcement training academy (western branch at Marana, Arizona).
A deep cover agent is equipped with a false ID (usually retaining the real first name so she doesn't forget to respond to her name), and a skeleton of personal history, such as a business owner who will verify that so-and-so worked for them (and who will later notify the police that someone was inquiring). The agent's background may be kept close to the truth to prevent slip-ups. Finally, a deep-cover agent may work a real job, rent a house or apartment, and live the role 24 hours a day.
An undercover cop working under "light" cover may also have a false ID, but will most likely go home to his family and "real" life (usually in another city). Sometimes narcotics officers and other specially trained agents will be called on for these assignments.
A high priority target organization may have a number of CIs and undercover operatives working at once, usually unknown to each other. Such multiple infiltration is used to test the veracity of the information provided.
Undercover agents may also assume roles outside the target organization but designed to provide inside access. A favorite is to pass themselves off as "writers" or members of the news media, or even as someone hoping to produce a documentary for public access television. A phony photographer or video camera crew will enhance the look of authenticity and make a record of people and actions for later use in identification and prosecution. This approach, when used at public gatherings, provides better quality information and photos than the old method of concealing surveillance cameras inside nearby buildings or parked vans. These undercover officers may also use this role to seek "confidential" interviews with monkeywrenchers and other underground activists. One of the CIs in the Arizona Five case played this role.
Another widely used undercover role is that of a utility worker or phone company repair person. This approach is valuable for obtaining access to a suspect's living quarters or workplace. While inside, the officer can plant listening devices, size up the security measures for a later "break-in," or look for evidence of illegality that can be used to obtain a search warrant. If the suspect is a renter, the landlord's cooperation may be sought to obtain legal access without a warrant, to provide nearby facilities for surveillance, or to provide cover for an undercover officer who may act as a handyman or building superintendent. If you rent, you should go out of your way to remain on good terms with your landlord. Even if your landlord doesn't tip you off to police inquiries, a sudden change in her behavior around you could alert you that something has happened to change her opinion of you, and that "something" just might be sudden police interest in you. The same rule applies to neighbors, employers, and coworkers. The people around you every day can provide the first warning of danger.
If utility company workers come to your door seeking access and you didn't request service, you should request some ID first, and then call their office to verify their identity and their reasons for requesting entry. Look up the phone number yourself, since the number they provide could be as phony as their ID card. However, remember also that acting unduly suspicious might cause a bona fide repair person to wonder just what you might have to hide.
Yet another undercover role is that of the phony "lawyer" who contacts a suspect before the shock of arrest wears off in an effort to elicit information. This person may claim to be a lawyer, or may just use subterfuge to create this impression. You can, of course, ask for some ID such as a state bar membership card. The period immediately after arrest is a dangerous time. Even after you take on an authentic lawyer to represent you, you may want time to think about your situation before deciding how straightforward you want to be with your attorney. Contrary to the old adage, it is not necessarily essential that your lawyer know everything. For instance, your lawyer may not need to know that you're guilty, just that you intend to plead innocent.
Similar to the phony lawyer approach is that of the fake court official. This person may ask you for a statement or ask you to fill out a form (to be used for handwriting comparison). If someone like this approaches you, verify the person's identity before doing anything else.
If you are in jail, the prisoner sharing your cell may be an undercover operative, usually a "jail-house snitch" who routinely seeks information for the authorities from talkative prisoners. Finally, the prosecution may attempt to place an informant in your legal defense committee.
The goal of undercover cops is to identify suspects and gather evidence for prosecution. They may volunteer for any job, just to widen their access to information. Often they seek clerical or leadership roles to extend their influence and gain access to membership and contribution records. When the FBI was working to suppress the American Indian Movement, they had an undercover agent working as AIM's head of security.
Sometimes, undercover agents may go beyond the identification of suspects and the gathering of evidence: they may actually encourage someone to participate in an illegal act, and then help the police set up the arrest of that person or persons (the classic "agent provocateur"). Don't make the mistake of thinking that this sort of thing is only found in spy novels, or went out of style with the demise of the Czarist secret police. There is a good deal of evidence to suggest that the decline of a number of radical groups in the U.S. in the 1960s and early 70s was speeded up by the judicious use of agents provocateurs (as well as simple informants) by both Federal and local police agencies. The undercover FBI agent in the Arizona Five case went so far with being a provocateur in his desperation to make a case, that he warned his supervisor that he had "an entrapment problem."
One way these agents try to spot potential monkeywrenchers they can set up for arrest is to act especially radical and "talk tough" when around other members of the group. If someone responds, the agent will then provide ideas, information, or equipment to the monkeywrencher(s) to encourage specific illegal acts which can later result in arrests. Such agents may brag of having participated in numerous illegal acts, in order to attract recruits. In early 1989, a story unfolded about the infiltration of animal rights and environmental organizations by several undercover operatives. In this case, the agents were apparently employed by a private security company whose clients included corporations under attack by animal rights activists for their abuse of laboratory animals. In one incident, these agents appear to have helped engineer an attempted bombing in which an animal rights activist was arrested. According to Ecomedia Bulletin, a Toronto anarchist publication, one agent (Mary Lou Sapone) was on the mailing lists of numerous animal rights and environmental groups, including Earth First!.
Michael Faine, the FBI undercover agent, and several confidential informants in the infamous Arizona Five set-up, are classic examples of the above types of infiltrators.
The most valuable information an undercover agent can obtain includes admissions of guilt and plans for future raids. The agent will often seek to record this information for later presentation in court. The basic way to do this is to "wear a wire," either a small transmitter or a recording device concealed on her person. If this is deemed too risky, the agent may try to arrange an incriminating conversation in a car or room that has been bugged in advance. Any such recording is completely legal, requiring no warrant, as long as one party present (the undercover cop) consents to allow the recording. When preselected locations are used to stage an incriminating session, hidden video camers using tiny "pinhole" lenses which are nearly impossible to spot may be used to make a record of non-verbal, but possibly incriminating evidence, such as the nod of a head, or the passing of a written communication.
Electronic recording has become so common that often police agents questioning suspects openly will wear small recording devices.
If a suspect makes an incriminating statement in the presence of an agent when not under electronic surveillance, the undercover agent may then try to arrange a second incriminating conversation at a time and place when it can be recorded. Note: Contrary to popular myth, an undercover cop does not have to admit being a cop if confronted with the accusation.
Undercover operatives enjoy logistical support that greatly expands their ability to gather evidence. In addition to sophisticated electronics, they often use a wide variety of vehicles (usually confiscated) to allow unobtrusive surveillance.