20140922

Wiki: Parallel Construction

Parallel construction is a law enforcement process of building a parallel - or separate - evidentiary basis for a criminal investigation in order to conceal how the investigation began. [1]
Parallel construction in the United States Drug Enforcement Administration[edit]

In August 2013, a report by Reuters revealed that the Special Operations Division (SOD) of the U.S. Drug Enforcement Administration advises DEA agents to practice parallel construction when creating criminal cases against Americans that are actually based on NSA warrantless surveillance.[1] The use of illegally-obtained evidence is generally inadmissible under the Fruit of the poisonous tree doctrine.[2]

Two senior DEA officials explained that the reason parallel construction is used is to protect sources (such as undercover agents or informants) or methods in an investigation. One DEA official had told Reuters: "Parallel construction is a law enforcement technique we use every day. It's decades old, a bedrock concept."

An example from one official about how parallel construction tips work is being told by Special Operations Division that: "Be at a certain truck stop at a certain time and look for a certain vehicle." The tip would allow the DEA to alert state troopers and search a certain vehicle with drug-search dogs. Parallel construction allows the prosecution building the drug case to hide the source of where the information came from to protect confidential informants or undercover agents who may be involved with the illegal drug operation from endangering their lives.

A number of former federal agents had used parallel construction during their careers according to Reuters interviews. Most of the former agents had defended the practice of parallel construction because no falsified evidence or illegally-obtained material were presented in courts. A judge can rule evidentiary material inadmissible if it is suspected that the evidence was obtained illegally...

http://en.wikipedia.org/wiki/Parallel_construction

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