Aurora enhances 'spying' guidelines ahead of working DNC
City expects new policy to become model for region
By April M. Washington, Rocky Mountain News (Contact)
Published August 24, 2008 at 7:05 p.m.
Aurora police have been directed to "exercise care" in how they gather intelligence on protesters as they help with the Democratic National Convention.
The policy, quietly implemented last month, comes after Aurora City Councilman Ryan Frazier identified a weakness in the city's policing policies, particularly governing intelligence-gathering investigations.
"With the DNC being a national event, you better believe intelligence operations will be in full swing," Frazier said. "There's a legitimate question of how do we provide the public confidence that their rights won't be violated and that any intelligence gathering done is not only legal but justifiable?"
About 300 Aurora police - about half the force - will be on loan to Denver to assist with crowd control and security needs during the DNC, which kicks off today.
Under the policy, Aurora Police Chief Daniel Oates created a three-member intelligence oversight committee charged with reviewing cases involving the use of undercover officers who infiltrate groups that are the target of a criminal investigation.
The committee will present an annual report to the City Council.
"The councilman identified a vacuum in our existing policy," Oates said. "Knowing how sensitive First Amendment rights are, we as a city want to make clear our respect for the Constitution and will only conduct legitimate criminal investigations."
Frazier and Oates said they expect the policy to become a model for the region, saying Aurora is among the first to voluntarily institute guidelines on intelligence-gathering investigations in the metro area.
Denver was forced to adopt a similar policy following a "spy file" lawsuit in 2003 that led to a high-profile legal settlement and the dismantling of a decades-old practice of police gathering information on local activists.
The agreement bars Denver from gathering information on someone without "reasonable suspicion" that the person or group is involved in serious criminal activity.
It also provides for the hiring of an independent auditor to routinely examine the work of officers in Denver's intelligence bureau.
Mark Silverstein, legal director for the Colorado American Civil Liberties Union, said Aurora's new policy must meet a similar high standard to be effective and meaningful.
"Of course, it's good to have policy that says a group should not be investigated solely for the views it may express," he said. "That's elementary."
Oates said the policy is based on "sensible best practices" and states that Aurora cops will not gather and retain information on people or groups solely involved in protest activity.
It also limits intelligence gathering on groups or individuals believed to be involved in serious criminal activity. A full investigation must meet the standard of "reasonable suspicion" that a criminal act has been, is being or may be committed, the policy states.
A preliminary investigation of a group or person engaged in protest activities may be conducted only with the approval of a division chief.
"We worked closely with Chief Oates to put in place oversight policies that hold the police department accountable for whatever intelligence activity it is involved in," Frazier said.
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WitchyPoo writes:
I've watched the "news" on both TV and online all evening...and not one single word about the use of tear gas on the protesters earlier this evening. I heard about it from an RTD driver who, along with some fellow drivers, wound up getting secondarily gassed. I guess the fine city of Denver doesn't want any bad publicity, hey??