About the Author:
- Most recently, John Gordnier was a Senior Assistant Attorney General of California, specializing in Criminal law and Criminal Intelligence.
- From 1970 to 1972, was a member of the San Bernardino County District Attorney's Office.
- Began career with the State of California as a Deputy Attorney General and became a Senior Assistant Attorney General of California in 1983.
- Retired from full-time government service in 2007 but has continued to research, teach, write and consult in the areas of electronic surveillance and intelligence laws because of his continued interest and belief in their importance to law enforcement.
- Well versed in Criminal Law and Criminal Intelligence and a frequent lecturer on all aspects of intelligence systems.
- Regular speaker at Conferences and Intelligence classes throughout the nation, including the California Attorney General's Conference on Organized Crime and the Law Enforcement Intelligence Unit (LEIU) Conferences.
- Served as the legal advisor to the California Gang Information System (CAL GANG) and the California Department of Justice Criminal Intelligence Bureau for the past eight years.
- Currently serves on the Advisory Board of Eagle Intelligence.
- Served in and subsequently headed the Special Prosecutions Unit of the California Attorney General's Office, supervising teams of attorneys and investigators and prosecuting organized crime cases.
- Earned Juris Doctorate from the University of Wyoming and a Bachelor of Arts in Economics from the University of Washington.
- A sworn member of the California State Bar since 1970.
Criminal Intelligence Background:
As a former legal advisor to state level intelligence systems which adhered to LEIU guidelines and 28 CFR 23, it became clear that there are many unanswered questions regarding the application of these rules. These questions will arise with increasing frequency as the national intelligence effort gains momentum. Two other features of the intelligence function came into sharp focus.
First, while the LEIU Guidelines and 28 CFR are significant parts of the correct controlling legal authority, they are not the whole. The other parts which must be considered are state records access laws, personal privacy laws and litigation (civil and criminal) discovery laws. Not only do these laws have an impact within a given jurisdiction they are also critical to constructing appropriate Memoranda of Understanding between jurisdictions.
Second, with increasing reliance on information technology, and an explosive growth in the amount of digital content, an electronic sharing platform ought to have the legal rules imbedded rather than depend on staff to apply them consistently.
This platform should form the basis for sharing at all levels of government in the manner contemplated by the National Criminal Intelligence Sharing Plan. The purpose of the web site is to facilitate a source which can:
- Provide advice regarding the collection of information before an intelligence file has been created (the pre-reasonable suspicion phase of intelligence operations)
- Provide advice from a state level perspective regarding compliance with 28 CFR and the LEIU Guidelines (the post-reasonable suspicion phase of intelligence operations)
- Provide advice regarding the interrelationships of the various laws that govern efforts to gain access to intelligence information
- Provide advice and consultation regarding intelligence unit policies and best practices, and use of MOUs to facilitate sharing at whatever level the concerned agency desires to share
- Offer classroom instruction for all levels of law enforcement and analytical personnel which will be specific to the jurisdiction's laws.
In addition this web site will offer monthly comments about matters which are of interest to intelligence operations. The first of these will be posted in December and will address the general failure of intelligence operations to use electronic surveillance tools in custodial facilities.
