Thesis (M.(Security Studies))-University of Pretoria, 2005. / Includes bibliographical references. Available on the Internet via the World Wide Web.

Text in Afrikaans / Infringement, by the executive, of the right to privacy of the individual is an everyday occurrence. Section 14 of the Constitution, Act 108 of 1996 protects the right to privacy. The Criminal Procedure Act, Act 51 of 1977 authorises the police service, to search for and seize articles, to enter premises, ascertain bodily features of accused and to employ traps and undercover operations. On the one hand the Criminal Procedure Act authorises the police to infringe the privacy of the individual but on the other hand it guarantees the privacy of the individual. The provisions of the Criminal Procedure Act are qualified by the Constitution, specifically by section 36 and 35(5). The authorisation of a police officer should be obtained before a person could be arrested without a warrant, which should, in any event, be the last resort. The written permission of an officer must be obtained prior to the making of an application for a warrant to a magistrate. A police officer should be prohibited from issuing a search warrant, as the general perception of the public is that members of the police may not be sufficiently independent. The exercising of magistrates' discretion regarding the decision as to whether a search warrant should be issued or not should be extended. A search warrant should comply with strict requirements as to who may execute the warrant, when, how and when the warrant will become invalid. Search and seizure without a warrant should not be allowed at all, except in circumstances where there is an immediate threat or danger to a person, property or the public safety. In cases of urgency, it should be made possible to obtain the telephonic permission from a magistrate to search property. Where necessary to ascertain the bodily features of an accused through surgery, a compulsory application in terms of section 37(3) should be made to the court for authorisation, irrespective of whether the accused consents to the surgery or not. More importance should be attached to the rights of the individual and the powers of the executive should be limited. / Jurisprudence / LL.D

Thesis (M.A.)--Carleton University, 2003. / Includes bibliographical references (p. 107-109). Also available in electronic format on the Internet.

Thesis (M.A.) - Carleton University, 2006. / Includes bibliographical references (p. 82-85). Also available in electronic format on the Internet.

Text in Afrikaans / Infringement, by the executive, of the right to privacy of the individual is an everyday occurrence. Section 14 of the Constitution, Act 108 of 1996 protects the right to privacy. The Criminal Procedure Act, Act 51 of 1977 authorises the police service, to search for and seize articles, to enter premises, ascertain bodily features of accused and to employ traps and undercover operations. On the one hand the Criminal Procedure Act authorises the police to infringe the privacy of the individual but on the other hand it guarantees the privacy of the individual. The provisions of the Criminal Procedure Act are qualified by the Constitution, specifically by section 36 and 35(5). The authorisation of a police officer should be obtained before a person could be arrested without a warrant, which should, in any event, be the last resort. The written permission of an officer must be obtained prior to the making of an application for a warrant to a magistrate. A police officer should be prohibited from issuing a search warrant, as the general perception of the public is that members of the police may not be sufficiently independent. The exercising of magistrates' discretion regarding the decision as to whether a search warrant should be issued or not should be extended. A search warrant should comply with strict requirements as to who may execute the warrant, when, how and when the warrant will become invalid. Search and seizure without a warrant should not be allowed at all, except in circumstances where there is an immediate threat or danger to a person, property or the public safety. In cases of urgency, it should be made possible to obtain the telephonic permission from a magistrate to search property. Where necessary to ascertain the bodily features of an accused through surgery, a compulsory application in terms of section 37(3) should be made to the court for authorisation, irrespective of whether the accused consents to the surgery or not. More importance should be attached to the rights of the individual and the powers of the executive should be limited. / Jurisprudence / LL.D

The research was conducted as a result of the long standing criticism against undercover operations due to the conduct of informers and agents during these operations. Since both undercover operations and informers are controversial issues it may cause serious judicial problems if the system is not applied correctly. The problem was investigated by means of qualitative research. A thorough literature study and semi-structured interviews were used to gather the required data. Semi-structured interviews were conducted with advocates of the Director of Public Prosecutions Free State and detectives from the Organised Crime Unit of the South African Police Service. It has been found that undercover operations are an effective manner to address organised crime and especially precious metals related crimes. Undercover operations are an excellent barometer to determine the extent of organised crime. It gives investigators a clear view of the compilation of a syndicate and the roles of leaders, runners and associates. Informers are invaluable sources of information. Without the use of informers it will be virtually impossible to engage in undercover operations, since the police will have no intelligence to engage into an investigation of this nature. The implications of the findings are that it is the responsibility of investigators, agents and informers to keep the system transparent, fair and acceptable. Their conduct may never violate their mandate and the boundaries of the investigation. Undercover operations are justified when the system is properly administered, structured, controlled and without bias. / Forensic Investigation / M. Tech. (Forensic Investigation)

The research was conducted as a result of the long standing criticism against undercover operations due to the conduct of informers and agents during these operations. Since both undercover operations and informers are controversial issues it may cause serious judicial problems if the system is not applied correctly. The problem was investigated by means of qualitative research. A thorough literature study and semi-structured interviews were used to gather the required data. Semi-structured interviews were conducted with advocates of the Director of Public Prosecutions Free State and detectives from the Organised Crime Unit of the South African Police Service. It has been found that undercover operations are an effective manner to address organised crime and especially precious metals related crimes. Undercover operations are an excellent barometer to determine the extent of organised crime. It gives investigators a clear view of the compilation of a syndicate and the roles of leaders, runners and associates. Informers are invaluable sources of information. Without the use of informers it will be virtually impossible to engage in undercover operations, since the police will have no intelligence to engage into an investigation of this nature. The implications of the findings are that it is the responsibility of investigators, agents and informers to keep the system transparent, fair and acceptable. Their conduct may never violate their mandate and the boundaries of the investigation. Undercover operations are justified when the system is properly administered, structured, controlled and without bias. / Forensic Investigation / M. Tech. (Forensic Investigation)

Past research has highlighted various problematic issues related to the use of the RCMP undercover operation entitled the “Mr. Big” sting. In a landmark decision, R v. Hart [2014], the Supreme Court of Canada recognized many problems with it and implemented a new admissibility test that would render confessions obtained by the undercover operation presumptively inadmissible. This research project explores the impact that this new evidentiary rule has had on cases involving “Mr. Big” confession evidence since the Hart decision (2014 to 2016). A content analysis was conducted on 16 cases that applied the new admissibility test. The case analysis revealed several important findings from cases that have applied the new admissibility test following Hart. In order to situate these findings, General Systems Theory was used to illustrate the impact that the court’s interpretation of the new evidentiary rule could have on the different components of the criminal justice system. It will be important for future research to further examine the impact of the new admissibility test in order to enhance our understanding of the influence it has had on cases involving “Mr. Big” sting confession evidence.

This dissertation presents the social virtual interface (SVI) model, which was born out of a need to develop a viable model of the complex interactions, information flow and information seeking behaviors among undercover officers. The SVI model was created from a combination of various philosophies and models in the literature of information seeking, communication and philosophy. The questions this research paper answers are as follows: 1. Can we make use of models and concepts familiar to or drawn from Information Science to construct a model of undercover police work that effectively represents the large number of entities and relationships? and 2. Will undercover police officers recognize this model as realistic? This study used a descriptive qualitative research method to examine the research questions. An online survey and hard copy survey were distributed to police officers who had worked in an undercover capacity. In addition groups of officers were interviewed about their opinion of the SVI model. The data gathered was analyzed and the model was validated by the results of the survey and interviews.

The current study utilizes Critical Discourse Analysis and Thematic Analysis to study newspaper coverage of F.B.I. sting operations in The New York Times, Washington Post, and USA Today. F.B.I. sting operations are a modern counter-terrorism policy designed to preempt acts of terrorism. This study develops a theoretical approach to understanding F.B.I. sting operations by reviewing the critique of security. The critique of security suggests that nations construct threats in order to produce and maintain ideological and practical hegemony. Thematic categories of the newspaper discourse are formulated and analyzed in the context of security. The study employs aspects of grounded theory for theoretical positioning. Findings suggest newspaper coverage of F.B.I. sting operations reflect and expand security in a number of important ways. Newspaper coverage provides information on a significant tactic used in the War on Terrorism and gives insight to the justification and reasoning for using that tactic. These pieces of information explain the interplay of security and counter-terrorism policy. However, findings also suggest security fosters positive relationships between nations, which requires repositioning aspects of the critique of security developed previously. Finally, newspaper discourse of F.B.I. sting operations helps contextualize the way modern counter-terrorism policy is ideologically configured. Findings show the dominant ideological configuration is security. The study considers how this framework contributes to a flawed understanding of the nature of peace.