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Ban use of agents provocateur by law enforcement

1. No Officer of the United States, or of a State thereof, in discharge of duty, and except to prevent immediate, imminent, and evident harm to life or property, and no person at the direct or indirect order or intimation of such Officer, shall act to commit a Felony, Breach of the Peace, or other sort of crime, lest Justice be Perverted; or suggest or encorage persons, groups, or other entities to do the same; or provide instruction or the clear means by which to do the same.

2. No such Officer, or person so influenced by such Officer, shall investigate persons, groups, or other entities while outside of casual public purview, except on issue of periodic judicial Warrants, upon probable cause and under oath or affirmation, detailing the persons performing the investigation, who or what is being investigated, the reason for the investigation, and the Officer under whose authority and responsibility the investigation is being carried out.

bersl2, 27.05.2012, 10:14
Idea status: under consideration

Comments

bersl2, 27.05.2012, 10:27
Specifically:

The first clause attempts to ban agents provocateur and other undercover hijinks, and it introduces an idea of Perversion of Justice as a complementary idea to Obstruction of Justice. Establishment of a mechanism by which "people, groups, or other entities" (individual, organization, corporation) can start a pre-emptive action against a government entity seeking to use its powers and tools to harass instead of investigate would need to be introduced as a companion proposal in order to give this latter idea any meaning.

The second clause attempts to set reasonable limits under which undercover investigation (and perhaps surveillance) can take place, with the requirement that it be judicially sanctioned from time to time.

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