A recent Reuters investigation revealed that a Drug Enforcement Administration unit, the Special Operations Division (SOD), has been engaging in illegal and unconstitutional investigatory techniques daily for years. First, the SOD receives information from various agencies, including the FBI, CIA, NSA, and IRS. The information comes from, for example, wiretaps, databases, and informants. Then, the SOD passes that information along to other authorities, such as local police agencies.
While this process might seem to be legitimate at first blush, the process of covering up how the local agencies obtained the information certainly is not. After local agencies receive the information, the SOD instructs them to “cover” the investigatory trail. This means that the SOD informs the local agencies that they must never refer to the SOD when referencing the investigation. Instead, the local agencies must create a “parallel construction” as to how they learned of the information through their regular investigatory techniques, thereby creating a fake history of the investigation. For example, the SOD might receive information from an NSA wiretap and then pass that information along to a local police agency. The local police agency may then pull the suspect’s vehicle over and have drug-sniffing dogs at the ready. The local police would then state, throughout the investigation, discovery, and trial process, that the agency only learned of the drugs after being alerted by the drug-sniffing dogs.
The practice of “parallel construction” is blatantly unconstitutional, as it may implicate and violate a defendant’s rights to due process and a fair trial, as well as the right to be free from an unreasonable search and seizure. The essence of the dubious “parallel construction” practice is that it covers up the investigative trail and ensures that a criminal defendant runs the risk of not discovering favorable evidence or other possible routes for a defense.
The experienced Columbus criminal defense attorneys at Scott & Nolder Lawfirm have a keen insight on parallel construction practice.
The original Reuters article may be found here. In addition, various other newspapers have reported on the story since the original investigation.
- Link to article in USA Today
- Link to article in the Washington Post
- Link to article in the Columbus Dispatch
The Scott & Nolder Law Firm has built a solid reputation as criminal defense lawyers in Columbus and throughout the state of Ohio with providing a top-notch criminal defense for our clients. We also handle all types of federal criminal defense cases. Call us to set an appointment with one of our Columbus criminal defense attorneys today.
