Chapter 2 : Surveillance

Introduction

The rule of law laid down by the community in its legislation is its means for surveillance over all individuals in order to achieve overall security. The more every individual cultivates the sense of self-control which prevents him from contravening the law, the more likely we are to have a law-abiding community, freeing the individual's life, mind, offspring and possessions from fear of crime, and the more the inner authority of that community will lead to a freedom which will start where others' freedom ends.

The law is enforced by security organs, in accordance with stipulated measures and administrative mechanisms, using the appropriate means and methods to exercise its functions and achieve its goals of maintaining public security.

The police force, as stated in law, is concerned with internal security. It executes its duties in accordance with the various criminal laws. These duties focus on prevention and detection of crimes.

Police experience at national and international level is the basis of awareness of the means and methods to be undertaken by police in the prevention and detection of crime.

Surveillance is one of the essential means for collecting the information required for the prevention of crime.

Defining Surveillance

Surveillance is a habit that is deep-seated in human beings. In early times, nature and wild animals were the dangers that man feared most and that occupied his thoughts; through vigilance he managed to protect himself from the dangers of both.

Surveillance is an old art, but in the modem world concepts have changed. The means man uses to maintain mental, spiritual and financial security for himself and his offspring have necessarily changed, particularly with the development of new types and methods of crime in the global village. Means of communication have shortened time, and means of transport have shortened distances.

Policemen carry out surveillance as one of the tools for controlling crime. Policemen in uniform or in plain clothes carry out surveillance in their specific fields in addition to other activities aimed at combating crime.

Policemen working in the area of criminal investigation exercise surveillance on a particular target for the purpose of collecting information about a certain suspicion or crime. This will enable them to take whatever legal or administrative police measures may be called for. This kind of surveillance is what we are discussing here.

Definition of Surveillance

Surveillance means putting a person, place, means of transport or any object under secret observation for the purpose of obtaining information, data or contacts leading to the prevention or discovery of a crime or the capture of criminals. A surveillance operation should be preceded by information in connection with the enquiry. The object of surveillance should be specified: What is it? How should the surveillance be carried out? When? Where? Why? And the outcome?

This definition emphasises the concept of surveillance as an applied science. We can summarise the objectives of surveillance as follows:
1. First determining and specifying the goal so that adequate measures can later be taken
2. Collecting and verifying information, data and contacts relating to a crime
3. Providing the necessary justification for undertaking lawful criminal procedures
4. Preventing the commission of an offence by taking the necessary proactive measures
5. Catching the criminals or offenders red-handed and stepping in to halt the crime
6. Detecting elements of the crime and providing the necessary material evidence for proving the crime and incriminating the offender
7. Arresting the suspects and convicts on the run 8. Taking the necessary administrative measures for carrying out a police operation
8. Surveillance of various public gatherings to keep an eye on what is going on
9. Obtaining any information useful for taking later counter-measures against the target
10. Verifying and ascertaining the credibility of agents
Surveillance is considered an essential indicator of the weakness or strength of criminal investigation organs.
Legitimacy of Performing Surveillance

Sharia and surveillance

Surveillance is regarded as absolutely prohibited. In Islam surveillance is a kind of "espionage and watching" which means monitoring movements and actions of people and uncovering hidden things. However, this prohibition does allow for some exceptions when surveillance is a means for protecting the community from offenders and those who breach its morals, values, and norms -- those who perform evil deeds and prevent others from doing good. The goal in Sharia doctrine is the protection of the five assets: self religion; mind; offspring; and money.

This activity which is permitted as an exception should be implemented under strict control, as it is otherwise prohibited and disallowed. What is secret may be revealed when someone consciously commits crimes against society. The rule of community law intervenes by taking adequate means and measures for preventing and detecting these crimes. The interest of the community should weigh against those individuals who threaten its lawful security.

Permission to use surveillance as a means for monitoring such unlawfulness is a preparatory step for taking more severe legal measures in order to guard the two scales of balance, the good and the evil.

Criminal law and surveillance

Criminal legislature in Sudan is based on Islam, and on norms, customs and morals. The community is protected by Islamic values with the force of law. Criminal laws do not explicitly go into detail but implicitly include the values and virtues which can be extracted from the texts. The Sudan Code of Criminal Procedures differentiates between the terms "investigation", "investigator" and "preliminary investigation". When discussing the use of agents above we examined and analysed these definitions in some detail. As "information" was implicitly included in these definitions, so is surveillance. For surveillance is one of the means adopted for collecting information.

Surveillance may sometimes be a legal procedure, partly coinciding with an executable legal action such as arrest or searching.
As arrests and searches are legal, so are all technical procedures taken in order to achieve these results.
Characteristics of the Surveillance Policeman

Secret and difficult tasks are always entrusted to upright and trustworthy members of the force who are aware of their duties and who base their work on a foundation of sound values and moral strength.
The honest, trustworthy man is one who does not like to harm others, any more than he would wish harm upon himself. This is the high level of faith referred to by the Messenger of Guidance "Muhammed (s) (MayAllah'sPrayersandPeace beuponhim)in the Hadith.¹

" No one of you may become a perfect believer until he desires for his brother what he desires for himself"

The policeman, as executor of the law, must be aware of this moral imperative, and the rule of law enforced by policemen should include all professional moral values, which come from pure Islamic jurisprudence.

Policemen involved in surveillance should preferably display some of the following.

Innate qualities
1. Honesty and openness in presenting events and outcomes (For instance, a policeman might be embarrassed to admit that his surveillance had been discovered by the target, and that continued surveillance would be vain or might have counter-effects. Yet having one's surveillance detected is something that might happen even to experienced, welltrained policemen.)
2. Patience and tolerance of stress. Impatience in following the target may lead to failure or having the surveillance detected
3. Intelligence, presence of mind and tact as the case may require (Surveillance is based on simultaneous watching and observation, as the target will not wait.)
4. Good observation, a gift for precise description and for spotting differences and similarities in order to give an accurate description
5. A clear mind and relaxed, stable psychological condition; these improve concentration on the target
6. Physical fitness and alert senses, particularly good hearing and sight, as they are the essential means of surveillance
7. A reasonable cultural and social level, to enable the surveillance officer to adapt to the target and his surroundings
8. A good memory, which will enable him to recall the events which happen during surveillance; this requires continuous training
Acquired Qualities
1. A good background of practical experience, particularly in fieldwork
2. Discipline and commitment to executing the assignments
3. Knowledge of reading and writing as a minimum requirement
4. The ability to work with-groups and ability to co-ordinate
5. Good knowledge of driving, cycling or using any other means of transport to be used in surveillance
6. Ability to work with the technical support organs
7. Good ability to read maps and visual drawings
8. Good knowledge of the geographical area of his work (location of surveillance)
General Appearance
1. The policeman should preferably not have an appearance that attracts attention - being very tall or very short, very stout or very slim, with a thick moustache or without a moustache. Physical disabilities should be irrelevant, as he is a policeman.
2. He should likewise not have characteristic features or personal marks which make him stand out, and he should move in an unobtrusive way.
3. He should have the same skin colour as the people of the area under surveillance.
4. His dress must be compatible with that of the persons amongst whom he works in surveillance.
The Relationship of Surveillance to Criminal Investigation Activities

As surveillance is a method of criminal investigation practised by its various organs, particularly field crime investigation units, it is closely connected to all kinds of crime investigation work. This relationship is obvious in the following:
1. Relationship of surveillance to collection of information
  Surveillance is an essential means of collecting information about persons, places and objects; it presents reliable information to the crime investigation units.
2. Relationship of sunmiiiance to arrests and searches
  Surveillance can help to precisely determine the time and manner of search and arrest operations in order to ensure their success. These operations represent the backbone of criminal operations in general.
3. Relationship of surveillance to investigation
  Surveillance supplies the required proof leading to the success of the investigation and proving that the crime was committed. It also leads criminal work to its final goal: conviction of the criminal and justice being served.
4. Relationship of suiveiiiance to recruiting of agents
  Surveillance can help to establish and confirm the credibility of an eligible agent, or provide evidence to terminate his services. Surveillance is also a way to use the agent and benefit from his abilities.
Classification of Surveillance

For the purposes of analytical study of surveillance by crime investigation units, we may divide it into certain components.

1. Secrecy

Secret surveillance
This is the basic form of surveillance in field crime investigation. The target should not be aware of surveillance, and information about him, his movements and contacts is unobtrusively collected for its usefulness in the enquiry.

Open Surveillance
This is used by units of field crime investigation in very limited and rare cases:
1. To prove that the crime is continuing. This is the basic goal of surveillance.
2. When the target under surveillance has probably been missed, and damage greater than that of revealing the surveillance is likely to occur.
3. To purposely agitate and confuse the target under surveillance and prevent him from making serious contact with his partners; in these cases the information is almost complete, and the investigators are just waiting for a capture red-handed.
2. Continuity

Conrinuous suiveillance
The importance of the target and the subject matter of the investigation may dictate this type of surveillance. It is to be continued until the goal of the surveillance is achieved.

lntennittent suiveillance
This is to be practised intermittently on the target in his activities in certain times and places only. It is practised on the vigilant, attentive type of target who watches those who watch him.

successive suiveillance
The target here has a constant, fixed lifestyle. He has to be watched in successive periods in accordance with his regular programme, to allow the surveillance to cover his daily routine.

Leap-frog sunwillance
This is similar to successive surveillance, but it differs in that the programme of the target is irregular. So the surveillance unit should start from the first fixed position of surveillance up to the point where the target disappears. Then it moves to a new fixed point of surveillance; and so on in the next phase. This type takes a long time but it is useful in rare cases with alert targets.

3. Movement

Mobile surveillance
Movement may be on foot or by vehicle.

Fixed surveillance
The surveillance item is constant, either riding or on foot in a place that makes immobility unobtrusive.

Hybrid surveillance
This combines immobility and mobility, and constitutes 90% of the cases of surveillance.

4. Participant persons/elements

Single surveillance(one person; one means of transport)
In this type the person carrying out the surveillance stays close to the target at all times. This is one of the most difficult methods; the person carrying out the surveillance has to keep continuous watch on the target without being discovered, as there is no altemative person to take over if he is discovered.

Dual surveillance (two person; two means of transport)
This is better than single surveillance as it includes two persons or two means of transport in surveillance and lessens the probability of their detection; this method may be continued after one follower has been discovered, and it also gives the opportunity of following another target in connection with the first target.

Triple surveillance (three persons; three means of transport)
The dangerous, alert target requires more elements in the exercise surveillance in order to reduce the probability of detection and to monitor his contacts and watch related targets

5. Means of transport

All available means of transport that suit the area in which surveillance is executed are to be used (motor cars, bicycles, motorcycles, ships, boats, helicopters, etc.). In general, the prevailing means are cars and bicycles.

6. Form

Visual surveillance
This covers surveillance in its various forms, as exercised by the field crime investigator, as long as the target is under direct visual observation.

Technical(indirect) surveillance
This is surveillance executed by means of modern technological apparatus; it includes secret monitoring and photographing, implanted microphones, television camera networks, mail monitoring and the like.
These are exceptional means of surveillance, to be undertaken in exceptional circumstances, and require prior permission and consent from the judicial authorities.

7.Sub-surveillance

This is surveillance of a target that has made a contact with the first target of surveillance, and that the field surveillance personnel have at their discretion decided to put under surveillance as well.
General Plan of Surveillance

A surveillance project requires preparations based on the need for men and materials and the scientific methods of its execution, which combine to make the operation feasible. The aim is to attain the desired result in making the investigation a success, which may coincide with the surveillance operation or succeed it. Preparations can be summarised as follows:

Preliminary basic issues
There are necessary steps that a surveillance officer should take in order to achieve success.
1. Determining the aim of the surveillance operation
2. Deciding on the type of surveillance to be used
3. Deciding on the degree of secrecy
4. Determining the cover to be used
5. Making a comprehensive field study of the area in which surveillance will take place
6. Determining the starting points for fixing on the target
7. Making a detailed study of the target and those who may contact him, taking photographs of him and getting to know his abilities and his means of transport
Requirements, material and human

Human Force
1. Number- possession of required qualities
2. Equipment for individuals (dress, sundries, stationery, etc.)
Means of transport
Automobiles; bicycles; motorcycles, or other. These means must conform to certain specifications:
1. The means should be those commonly used in the area (taxi, motorcycle, omnibus, etc.) in respect of colour and model.
2. They should not bear distinguishing marks.
3. They should be unmarked, with no damage or obvious dents.
4. They should be mechanically fit to drive.
5. Emergency necessaries must be available (spare tyre and requirements, oil, etc.).
6. Necessary fuel and a reserve supply must be provided.
7. Headlights, side lights, indicator lights and rear lights should be fitted where appropriate.
Means of technical support
These contribute to the efficiency and secrecy of surveillance process:
1. Wireless communication appliances (a network and cipher or code to be used by surveillance personnel)
2. Photographic and telescope appliances
3. Hand signs used by those on foot, which should be known to all
Scenarios

Those involved need to envisage as many possible scenarios as they can, including worst-case scenarios, and to work out what should be done in each case. This should be done in discussion before carrying out the surveillance operation. They should tackle this subject by thinking of:
1. The worst-case scenario that could happen to the person in the field
2. Scenarios of what could happen to the means of transport
3. Scenarios of what could happen to the technical support
4. Scenarios relating to the movement of the target and his contacts. This should be done in detail, as movements and contacts of the target are out of their control.
In general, careful, factual analysis of the situation, based on previous experience, helps to tighten the control of the circumstances and master them, to give the surveillance a better chance of success.

Ensuring the success of the surveillance

A group of overall instructions and measures help to ensure the efficiency of the surveillance process and its success:
1. Participation of all personnel in preparing the plan of surveillance and the scenarios
2. Forming an operation room for the administration and follow-up of the operation
3. Providing the personnel with all material and technical requirements
4. Determining leadership, assigning roles and obtaining full compliance with assignments
5. Determining roles in teams, each with at least three persons
6. Ensuring that the continuous surveillance period for each individual, according to circumstances, does not exceed five continuous hours
7. Getting rid of blocks to the processes
8. Ensuring that there is no saluting of commanders during the operation
9. Arranging how to report back in case of missing the target
10. Ensuring that personnel carry their arms and communication appliances in an unobtrusive manner
Applications of Surveillance Operations

The practical basis of executing the surveillance operation lies in the preparations. These include determining the target, his location, the goal of surveillance, the means used in the surveillance and the persons participating in executing surveillance. All this should be undertaken after the factual study of preliminary information.

Field crime investigation processes in surveillance are changing and developing all the time. Though there are classic theories outlining the steps of carrying out surveillance from beginning to end, and though these are useful principles, the practical steps of the operation depend on the circumstances of each surveillance in its particular time and place.

The field crime investigator is the decisive factor in dealing with these changes in the field with appropriate action, using his personal abilities to achieve the desired result. The implementations we are going to outline below must be considered as mere hints and guidelines to the field crime investigator, to be adapted to the circumstances of his particular target and investigation.

Pedestrian surveillance
This surveillance is carried out on a target who is on foot in his movements and contacts.

Types of pedestrian surveilliance
- Surveillance with one element: This is dangerous as it is easily detected and then cannot be continued.
- Surveillance with two elements: This is better than the first type.
- Surveillance with three or more elements: This is the ideal surveillance and chances of success are higher because chances of its detection are lower.
Getting a fix on the target
1. Making drawings or charts after a secret visit to the location of the target to determine the place of getting the first fix on the target
2. Determining the covers for the first person to start the surveillance.
3. Deciding on signals amongst surveillance personnel as a means of contact if using technological means is not possible
Plan of surveillance and following the target
1. Completing the requirements of the plan (see 2.6)
2. Deciding on the appropriate formations in the field to follow the target by determining locations of surveillance personnel. They can exchange positions and the distance between them and the target may differ according to circumstances of place and time.
3. Nominating the personnel for the sub-surveillance and follow-up.
General guidelines forpedestnan sunmillance personnel
1. Concentrate on movements and contacts of the target.
2. Avoid meeting the target face to face.
3. If the target enters a mosque or a restaurant or a hotel, the surveillance person must sit far away from him but keep him in his line of vision.
4. Surveillance personnel must be able to anticipate the movements and contacts of the target and take adequate measures accordingly.
5. Surveillance personnel must comply with the predetermined plan of exchanging positions and taking action according to the scenarios with appropriate discretion and reference to changing circumstances.
Classical methods of detecting pedestrian surveillance

Surveillance personnel should be aware of the following:

At the stage of fixing on the target:
1. The target reconnoitres in all directions before going out and directly after coming out.
2. He turns right and left straight away.
At the following stage the target may do the following:
1. Going in a certain direction, then suddenly turning in the reverse direction
2. Walking quickly, then suddenly stopping to check the people standing around and their confusion
3. Getting into a public vehicle and getting out of it
4. Repeated crossing of the road
5. Intentional direct confrontation with surveillance personnel
6. Bending down to inspect others carefully
7. Any other method the target may think of
Tradirional methods of throwing off pedestian surveillance
1. Walking quickly and entering a crowded area or entering narrow, winding streets.
2. Entering by one door and exiting by another.
3. Entering public places (cinemas, theatres, playgrounds, caf6s, hotels, hospitals or mosques)
Driving Surveillance

The target under surveillance is using a means of transport in his movements and contacts; so a means of transport is to be used in surveillance

Types of driving surveilliance
1. With one means of transport (dangerous)
2. With two means of transport (better)
3. With three means of transport (high possibilities of success)
The methods used
1. A means of transport
2. Technical support equipment (video, photography, telescopes, etc.)
3. Wireless communication appliances
4. Human personnel with qualities adequate to the size, type and goal of operation
5. Operations room for administration of the operation
Preparing the teams
1. A motorcycle may be used for two persons, a motor car for three or more. Each member has a specific task, one for contacts, another for driving, the third for describing and observing. With the help of others, they will exchange tasks as the case may require.
Preparing the plan as detailed /see 6.21

Following the target
1. One of the teams in a vehicle determines the point of fixing on the target.
2. The team in the same vehicle informs the other teams of the movement of the target.
3. The vehicles apply the theory of control and dispersion so that the target falls within the pliers of the teams.
4. The teams give the necessary consideration to the distance of the target from the teams, in accordance with the time factor (day or night), the place, the road, and the type of movement of the target.
5. When the target stops, the vehicle of the first team must keep out of surveillance.
6. In night operations a reflecting sign must be attached to the cars of the teams to make them distinguishable, and if possible a reflecting sign should be fixed to the target's car.
7. The vehicles should exchange positions following the target to lessen the chance of detection.
8. Whether minor contacts of the target are followed or not should be left to discretion of the teams. The operations room should participate in the appropriate evaluation of the situation.
Methods of detecting surveillance:
1. The target reconnoitres the area prior to and when starting to move; he may have partners to help him do this.
2. Using the internal and external mirrors
3. Rapid driving and sudden halts
4. Repeated circling of a roundabout or any other such road feature
5. Speeding through a traffic light
6. Turning into dead-end roads or one-way roads
7. Moving into deserted streets
8. Targets have their own methods and inventions dictated by circumstances, their criminal abilities and their experience of similar operations
Methods of escape and flight
1. Descending from a car in a crowded place and leaving it to another person to drive
2. Resorting to speed and driving skills
3. Using more than one means at the same time by rotating them
Sub-surveillance

This is surveillance of a target that has a link with the first target of surveillance. The decision whether to pursue the second target must be made by the surveillance personnel depending on the circumstances, time, place and means of contact.

Types of contact

1. Signal contacts
These are exchanged between the target and a contact by agreed signs.

2. Relevant material contact
This may mean exchanging a material object such as a bag for another similar bag.

3. Moving contact
Objects are exchanged while walking or driving. Reception may take place in accordance with a prior agreement without speech, or an object is deposited in a certain place that is agreed on beforehand by the two targets.

4. Indirect contact
Contact is made through a mediator as a link between targets.

5. Unknown contacts
These are made by the target in a place in which he cannot be watched so that it is difficult to identify the other party.

After these contacts have been assessed, personnel who are going to assume surveillance have to be selected and the type of surveillance determined. A minor target might turn to be a major target; in this way the surveillance develops and widens.

Constant surveillance

This is an important type of surveillance and is divided into two kinds as regards form and purpose:

Constant temporary surveillance

Mobile surveillance may be temporarily suspended when the mobile target enters a building. A new fix is made on the target when he emerges. In this case the mobile surveillance turns into constant temporary surveillance.

Constant permanent surveillance
1. This is continuous surveillance of fixed, immobile positions. It is carded out by a fixed cover.
2. It is practised for two reasons:
  - To determine and recognise the habituês of the place being watched (target)
  - To find out about unlawful acts being practised in this place (target)
3. It is executed by:
  - General study of the area where the place is located on order to select a suitable cover
  - Studying the place (target) in a particular manner: entrances, exits, surroundings and so on, or obtaining information about its internal layout
  - After this the most suitable type of cover is to be determined by the surveillance personnel (kiosk, restaurant, adjacent flat, adjacent house, etc.).
4. Requirements of the cover for constant surveillance:
  - It should allow the team to control entrance and exits.
  - It should allow for the presence of more than one person, as other personnel may frequently join him.
  - It should not afford the opportunity for counter-surveillance. It may allow for contact with the target.
  - There should be a possibility of recruiting elements inside the place to acquire more information.
  - It should offer facilities for technical surveillance, which may be used inside the place.
The frequency of use of the constant cover must depend on its nature and its function.

Technical surveillance

This kind of surveillance depends on modern technical apparatus to obtain information about the target and may vary according to the type of target (place; person; object). A whole region or a state may be under surveillance and the following technologies may be used:
1. Eavesdropping and wiretapping
2. Watching mail
3. Planting high-tech appliances which transfer photographs and sound
4. Photography (video; photography)
5. Telescopes
Preparing the report on the surveillance

This is the outcome of the efforts exerted by surveillance personnel, and it must be compiled after collecting the reports prepared by the personnel after each operation. Surveillance may take a long or a short time, depending on the type of target, type of surveillance, and goal of the surveillance. Any new information provided about the target may require a change of surveillance, in respect of time or place or the manner of execution or by changing the personnel of the surveillance for some reason. In general, surveillance reports fall under the criminal investigation and must comply with all the regulations on reports known to every policeman.

Conclution

Surveillance will remain one of the important means of collecting information employed by the police, using all available technological and human methods. It enables the police to uncover facts leading to crime detection and prevention in order to carry out its duty of maintaining security.

Foot Notes

Words of deeds of the Prophet or what he approved concerning deeds, saying or act of others