• Skip to primary navigation
  • Skip to main content

Snitching

Criminal Informant Law, Policy, and Research

  • Home
  • About
  • Litigation
  • Legislation
  • Families & Youth
  • Blog
  • Resources & Scholarship

Alexandra Natapoff

Tailoring solutions to informant problems

August 17, 2010 by Alexandra Natapoff

The city of Atlanta has agreed to pay $4.9 million to the family of Kathryn Johnston, a 92-year-old woman who was killed by police acting on a false tip from an unregistered informant. The police then planted drugs in Johnston’s home to cover up their failure to follow the law and Atlanta Police Department policy on informant use. (A fuller account of the Johnston case can be found here.) The settlement properly reflects the egregious nature of the misconduct in the case, but the more important question is whether the settlement can properly be said to bring “[o]ne of the most divisive chapters in the history of the Atlanta Police Department . . . to a close.” While it certainly marks the end of what the court system can do to assuage the pain caused by Johnston’s death, the settlement marks the end of the chapter only if the steps that the APD and the City of Atlanta have taken to make sure that a similar incident does not happen again are likely to be effective.

The APD has attempted to fix the problems that led to the Johnston tragedy by reorganizing its Narcotics Unit and strengthening its Office of Professional Standards (which houses the department’s Internal Affairs and Corruption Units). While these steps are positive, they continue to rely on the police to self-regulate, a task that the APD and police departments generally often do poorly. (In Atlanta’s case, a report written in response to the Johnston incident found repeated breaches of APD policies and a police culture that ignored these breaches.) Indeed, if Johnston’s death was the result of “rogue officers,” strengthened policies are unlikely to prevent future tragedies.

Atlanta City Council, apparently skeptical of the APD’s ability to self-police, reacted to the Johnston tragedy by creating a Citizen Review Board and empowering it to investigate citizen complaints against the APD. The creation of the CRB is a positive step away from unfettered police discretion and toward civilian oversight.

But informant use presents a unique problem that this CRB (and others like it) is ill-suited to address. In particular, Atlanta’s CRB has the authority only to respond to citizen complaints. Such complaints provide an effective oversight mechanism only for misconduct that is likely to be reported. For example, civilians who are subject to excessive use of force or who suffer false arrest or imprisonment are likely to bring complaints to the CRB. But police use (and misuse) of informants takes place almost entirely in secret, and those civilians who might have knowledge of police misconduct — the informants themselves — are unlikely to report it. After all, informants frequently assist the police under threat of criminal prosecution for a prior offense. And any complaint to a CRB by such an informant will likely result in the informant’s incarceration, thus creating a strong disincentive to report misconduct.

For instance, prior to raiding Johnston’s home, APD officers stopped a suspected drug dealer, planted drugs on him, and threatened to arrest him if he didn’t provide information to incriminate someone else. That dealer falsely told police that a dealer with a significant amount of cocaine was at Johnston’s home. The police then lied on an affidavit to secure a warrant, thus leading to the fatal raid. As this recounting shows, a CRB would not have prevented the Johnston incident, both because there was no time for a citizen complaint to be filed and because the informant was unlikely to complain for fear that the police would follow through on their threat of prosecuting him for the planted drugs. Instead, police misuse of informants will likely come to light only in situations like the Johnston tragedy, where an innocent civilian is injured, killed, or falsely imprisoned as the result of police misconduct. Meanwhile, the more run-of-the-mill misconduct involving false or fabricated informant testimony (used to incriminate the actually guilty), informants permitted to continue to engage in low-level criminal conduct, and informants coerced into engaging in dangerous activities with little to no training will continue unchecked.

Of course, bad actors intent on misconduct are difficult to deter completely, but two approaches would work better than those taken in Atlanta. First, affirmatively obligating the police to report on informant use would allow for insight into systemic problems before they lead to incidents like the Johnston tragedy. For instance, it is likely that the events leading to Johnston’s death were not the first time that the officers involved had fabricated informant testimony. Informant use data might have identified them as wrongdoers due to informant use at a rate or in a manner inconsistent with their fellow officers.

Second, forbidding the police and prosecutors from trading pre-conviction leniency for informant assistance would make tragedies like the Johnston incident less likely. I’ve argued that many such bargains violate the Thirteenth Amendment, but regardless of the basis for the prohibition, such a ban would have two positive effects. The first is that it would place the informant-state relationship under the supervision of the courts, which could guarantee that informants are used appropriately. The second benefit is that a ban would make police hesitant to offer such deals and civilians would be less likely to accept them, knowing that they are prohibited and thus unlikely to be honored. In the Johnston case, such a ban may have prevented the police from receiving the false information tying Johnston’s home to drug dealing and thus prevented her death.

The problem of informant misuse is a difficult one, but tragedies like Johnston’s death deserve solutions that are tailored to the problems that cause them.

Filed Under: Guest blogger

Informant lawsuit against FBI offers window into messy world of anti-terrorism

August 13, 2010 by Alexandra Natapoff

By the end of his stint working for the FBI, informant Craig Monteilh was earning over $11,000 a month to secretly film and record worshippers at the Islamic Center of Irvine, California. Monteilh, who has a lengthy rap sheet of his own, is now suing the FBI for allegedly instructing him to plead guilty to criminal charges of grand theft so as to maintain his cover. The Associated Press report on Monteilh’s lawsuit reveals details of the informant’s world that the public rarely gets to see, particularly the government’s ability to use private individuals/informants to obtain information that the government would otherwise need evidence of wrongdoing and a warrant to obtain: US Judge gives informant time to amend FBI lawsuit. From the story:

In court papers and his ACLU declaration, Monteilh says he was asked to work as an informant for local law enforcement in 2004, when he became friendly with some police officers in a local gym. By 2006, he was promoted to the FBI’s counterterrorism operations. Monteilh alleges he gathered phone numbers and contact information for hundreds of Muslim-Americans and recorded thousands of hours of conversation using a device on his key fob or cell phone during his stint with the FBI. His said his handlers told him to work out with Muslims at gyms, asked him to get codes for security systems so they could enter mosques at night and encouraged him to ask mosque members about “jihad” and supporting terrorist operations abroad. In June 2007, however, mosque members became suspicious of Monteilh and requested a restraining order, saying that he had spoken repeatedly about engaging in jihad.

Filed Under: Dynamics of Snitching, Incentives & Payments, Terrorism

Guest blogger Professor Michael Rich

July 30, 2010 by Alexandra Natapoff

I am very pleased to introduce Snitching Blog’s first guest blogger: Professor Michael Rich formerly at Capital University Law School and recently moved to Elon University School of Law. Professor Rich has written about the use of informants as a potential violation of the Thirteenth Amendment, which prohibits involuntary servitude. From the abstract:

Though active informants cooperate for many reasons, most assist the police out of fear that if they refuse, they will be subject to criminal prosecution or more severe punishment. This Article argues that by compelling these “coerced informants” to work under such a threat, the government violates the Thirteenth Amendment’s prohibition on involuntary servitude. As a doctrinal matter, compelling coerced informants to serve under threat of criminal sanction fits the Thirteenth Amendment’s definition of involuntary servitude. Moreover, the use of coerced informants offends the free labor principles that animated the passage and ratification of the Thirteenth Amendment and underlie the Supreme Court’s Thirteenth Amendment jurisprudence.

Link to article here: Coerced Informants and Thirteenth Amendment Limitations on the Police-Informant Relationship, 50 Santa Clara L. Rev. 681 (2010). Professor Rich will be here throughout August.

Filed Under: Guest blogger

Huffington Post on the dangers of being a snitch

July 27, 2010 by Alexandra Natapoff

Cameron Douglas (actor Michael’s Douglas’s son) got a lot of press for his drug conviction and his cooperation with the government, which apparently cut his ten year sentence in half. See also NY Post story here: Douglas ratted on dealers. Now the Huffington Post points out that as an acknowledged informant, Douglas “is likely to face a very tough time in prison.” From Anthony Papa’s (Drug Policy Alliance) post:

From my experience as someone who served 12 years in New York’s Sing Sing state prison — one of the most dangerous prisons in America — I know that Cameron Douglas is in a world of trouble. Once a prisoner is labeled as a “snitch,” their life in prison suddenly changes and is in immediate danger. In prison a snitch is frowned upon and is at the bottom of the hierarchy of prison life. Until this point, it seemed that Douglas was living a pretty comfortable life in the camp at Lewisberg. Minimum security institutions have dormitory housing, a relatively low staff-to-inmate ratio, and limited or no perimeter fencing. Douglas’s status will likely change as soon as his life is threatened. Once this happens, his entire world will turn upside down, and he will be transferred to protective custody.

Filed Under: Dynamics of Snitching, Threats to Informants

Another jailhouse snitch drives a homicide investigation

July 18, 2010 by Alexandra Natapoff

Today’s Akron Beacon Journal reports on new developments in the Neal Rankin murder case: “DNA results may give inmate a new trial.” The police had a lot of trouble identifying a suspect back in 1993–according to the commander of the homicide unit, they had “45 suspects the first day,” and murder charges were brought and then dropped against several defendants. Finally, over a year after the murder, the government charged Dewey Amos Jones with the crime based on an allegation from a jaihouse snitch that Jones had confessed to him. I include the story not only because it is yet another example of a shaky case built on compensated snitch testimony, but because it illustrates how powerful an informant’s allegations can be. Here, a jailhouse snitch got authorities to focus on Jones long after the crime, and without any direct evidence of his guilt. Jones is represented by the Ohio Innocence Project.

Filed Under: Dynamics of Snitching, Forensics, Jailhouse Informants

  • « Go to Previous Page
  • Go to page 1
  • Interim pages omitted …
  • Go to page 42
  • Go to page 43
  • Go to page 44
  • Go to page 45
  • Go to page 46
  • Interim pages omitted …
  • Go to page 61
  • Go to Next Page »

Copyright © 2026 Alexandra Natapoff · Log in · RSS on follow.it