logo

DEA Investigation Tactics May Violate the Sixth Amendment

image
Author: Joseph Avery
Created: 28 August, 2013
Updated: 14 October, 2022
2 min read
Credit: Newscom / csmonitor.com

DEA Investigation Tactics May Infringe on the Sixth Amendment

The Drug Enforcement Agency is using data in criminal investigations collected from the NSA, FBI, CIA, IRS, and the Department of Homeland Security, according to a report published by Reuters. The agency, however, has the ability to withhold the origin of that information.

The investigative report cites documents obtained that teach officers how to conceal the origin of the information that led to arrests.

The department responsible for this is referred to as the “Special Operations Division,” and operates from a classified location in Virginia. It is also used for organizations such as the IRS to obtain and cover up tips coming from the DEA.

Members of the DEA have spoken out about the importance of the practice, referring to it as “parallel construction:”

The two senior DEA officials, who spoke on behalf of the agency but only on condition of anonymity, said the process is kept secret to protect sources and investigative methods. "Parallel construction is a law enforcement technique we use every day," one official said. "It's decades old, a bedrock concept."

The process is valuable for DEA efficiency. However, it spurs concern that the practice may threaten the safe guards of individual rights guaranteed by the Constitution. Obscuring the true nature of an investigation presents uneven challenges for a defense attorney.

When agencies systemically adopt cover-ups, they are granting themselves the power to decide what can be discussed in a case, a brand of government authority that the Founding Fathers specifically attempted to avoid.

The Sixth Amendment states that the accused has the right "to be informed of the nature and cause of the accusation." Parallel construction obscures this right by selectively choosing what "cause" of the accusation a department is comfortable with relaying at the expense of the accused.

The intersection of law, and law enforcement, in 2013 is highlighted by the fact that technology has outpaced legislation. The Fourth Amendment is a focal point of this debate, yet its language has proved broad enough for implications in cases of digital privacy.

IVP Existence Banner

The Fourth Amendment states:

"The right of the people to be secure in their persons, homes, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized."

According to whistleblower Edward Snowden, the NSA is obtaining personal information without a warrant. Even more alarming is the fact that this information, gathered for anti-terrorism measures, is being spread to non-terror-related task forces.

The grey area being exploited here is the ambiguity over the domain of cyberspace. As far-sighted as the Framers were, they couldn't quite see the Facebook pokes on the horizon.

If American citizens seek lasting legal protection for their cyber lives, firm and specific protections will need to be implemented.

Latest articles

votes
Wyoming Purges Nearly 30% of Its Voters from Registration Rolls
It is not uncommon for a state to clean out its voter rolls every couple of years -- especially to r...
27 March, 2024
-
1 min read
ballot box
The Next Big Win in Better Election Reform Could Come Where Voters Least Expect
Idaho isn't a state that gets much attention when people talk about politics in the US. However, this could change in 2024 if Idahoans for Open Primaries and their allies are successful with their proposed initiative....
21 March, 2024
-
3 min read
Courts
Why Do We Accept Partisanship in Judicial Elections?
The AP headline reads, "Ohio primary: Open seat on state supreme court could flip partisan control." This immediately should raise a red flag for voters, and not because of who may benefit but over a question too often ignored....
19 March, 2024
-
9 min read
Nick Troiano
Virtual Discussion: The Primary Solution with Unite America's Nick Troiano
In the latest virtual discussion from Open Primaries, the group's president, John Opdycke, sat down ...
19 March, 2024
-
1 min read
Sinema
Sinema's Exit Could Be Bad News for Democrats -- Here's Why
To many, the 2024 presidential primary has been like the movie Titanic - overly long and ending in a disaster we all saw coming from the start. After months of campaigning and five televised primary debates, Americans are now faced with a rematch between two candidates polling shows a majority of them didn’t want....
19 March, 2024
-
7 min read