CI policy, Police Manual, Tallahassee PD FL, 2001
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TALLAHASSEE POLICE DEPARTMENT STANDARD OPERATING PROCEDURES MANUAL VICE, NARCOTICS AND TECHNICAL SUPPORT UNIT SUBJECT Use and Control of Informants BUREAU COMMANDER Proudly Policing Since 1841 NUMBER Nationally Accredited 1986 ISSUE DATE VICE 6 11/15/2001 EFFECTIVE DATE TOTAL PAGES 11/15/2001 1 of 6 AUTHORITY/RELATED REFERENCES General Order 14, Confidential/Investigative Expense/Cash Payments General Order 32, Juvenile Procedures General Order 62, Use and Control of Informants ACCREDITATION REFERENCES CALEA Chapters 42, 82 KEY WORD INDEX Confidential Informant Compensation Protocols: Procedure IV Confidential Informant Files: Procedure I Deactivation of Confidential Informants: Procedure V Documentation of Confidential Informants: Procedure II Utilization of Confidential Informants: Procedure III POLICY The utilization of informants and confidential informants is lawful and often essential to the effectiveness of properly authorized law enforcement investigations. The Police Department recognizes that special care must be taken to carefully evaluate and closely supervise their use. DEFINITIONS Confidential Informant (CI): Any non-law enforcement person who, by reason of their familiarity or close association with criminals, supplies regular or constant information about criminal activities to a member, or is paid to supply information, or receives a recommendation of reduced charges for confidential information, or TALLAHASSEE POLICE DEPARTMENT makes a controlled “buy” (i.e., stolen property, controlled substances, etc.). Confidential Source: Any individual stipulating confidentiality, who is freely providing intelligence or investigative information on a “one-time” basis, or responding to questions during a field interview, or in a custody interview. Juvenile Informant: A person, under the age of eighteen (18) years, who, by reason of their familiarity or close association with criminals, supplies regular or constant information about criminal activities to a member, or is paid to supply information, or receives a recommendation of reduced charges for confidential information, or makes a controlled “buy” (i.e., stolen property, controlled substances, etc.). Permission must be first obtained by the juvenile’s parent/guardian, member’s supervisor and the Chief of Police or designee. Reliable Confidential Informant (RCI): A confidential informant who has furnished information in two separate matters, is found to be reliable through independent sources and investigation and has satisfactorily fulfilled all other criteria. PROCEDURES I. CONFIDENTIAL INFORMANT FILES A. The Vice, Narcotics and Technical Support Unit shall be responsible for the maintenance of ALL confidential informant files for the department. A documentation file shall be established for each informant and placed into this master file. B. It is the responsibility of the Criminal Investigations Division Commander or designee to ensure that all information is kept in a secure manner that rigidly protects the confidentiality of the confidential informant. C. In order to maintain the security and confidentiality of the documentation file, only the originating member may authorize dissemination of personal information concerning the confidential informant. D. The confidential informant files are subject to inspection by the Chief of Police or his designee. II. DOCUMENTATION OF CONFIDENTIAL INFORMANTS A. Members shall document any persons intended to be utilized as a confidential informant or who are currently being utilized as a VICE 6-2 TALLAHASSEE POLICE DEPARTMENT confidential informant by following the prescribed procedures, as soon as practical. B. A member seeking to document a confidential informant must have the approval of their supervisor and shall then complete an informant documentation package containing the following items: 1. Confidential Informant Worksheet containing personal background and biographical information (PD 212). 2. Photographs and fingerprints. 3. A Confidential Informant Code of Conduct (PD 213). 4. Permission to Intercept Oral Communications waiver form (PD 214). 5. Confidential Informant Contact Log (PD 215). 6. Informant Documentation Check List for checks of a prior criminal history, indictments, probation/parole status and outstanding warrants (PD 211). 7. Informant File Update Sheet (PD 217). C. The Vice, Narcotics and Technical Support Unit supervisor or designee shall review the informant documentation package and upon approval issue a confidential informant (CI) control number. D. The CI control number shall be utilized for the documentation of payments, tracking of the CI activities, and as appropriate within other reports and documents. E. If it is determined that the confidential informant is currently assisting another agency, the agency shall be contacted to determine that no duplication of efforts will occur, as well as to establish the reliability of the confidential informant. F. If it is determined that the confidential informant is currently on probation or parole status, the investigator shall obtain permission from the supervising Probation or Parole Office and the State Attorney’s Office. III. UTILIZATION OF CONFIDENTIAL INFORMANTS VICE 6-3 TALLAHASSEE POLICE DEPARTMENT A. Members shall not initially approach confidential informants with discussions regarding payment or compensation for information or services. While the confidential informant may initiate these discussions, no agreements shall be made without the approval of the supervisor. B. Making in person contacts with confidential informants, when possible and practical, shall be made by at least two members. C. In situations where the member must meet the confidential informant alone, especially where the confidential informant is of the opposite sex or their known sexual preference is that of the member or they are a juvenile, the supervisor shall be notified prior to contact. D. Each contact with a confidential informant shall be documented on the Confidential Informant Contact Log (PD 215), which shall remain a component of the informant documentation package. E. A confidential informant who has furnished information in two separate matters, is found to be reliable through independent sources and investigation and has satisfactorily fulfilled all other criteria shall be considered a reliable confidential informant (RCI). F. Intelligence Information provided by the confidential informant shall be documented on a Criminal Intelligence Report (PD 183) and forwarded to the Criminal Intelligence Unit for use by the appropriate investigative units. G. Patrol Officers seeking to utilize a confidential informant shall comply with all requirements. The unique nature of the uniform patrol assignment may dictate the need for assistance of a plainclothes investigator, but in all cases must be coordinated through the member’s supervisor. H. Members shall avoid any personal contact with confidential informants outside the on-duty professional relationship established for investigative purposes. IV. CONFIDENTIAL INFORMANT COMPENSATION PROTOCOLS A. All agreements for payments to a confidential informant shall be approved by the member’s supervisor prior to any disbursement. B. All payments to confidential informants shall be in compliance with General Order 14, Cash Management. VICE 6-4 TALLAHASSEE POLICE DEPARTMENT C. All payments to confidential informants shall be made in the presence of at least two (2) members and shall be documented with proper signatures on the Confidential Cash Receipt (PD 166). D. The member shall record all payments to confidential informants on the Confidential Informant Payment Log (PD 216), which shall remain a component of the informant documentation package. V. DEACTIVATION OF CONFIDENTIAL INFORMANTS A. The Vice, Narcotics and Technical Support Unit supervisor or designee shall review confidential informant files on a regular basis. B. Confidential Informant files indicating that the informant is not being used in a timely manner shall be reviewed with the originating member to determine if the informant can be de-activated. C. If it is determined at any point that the continuing use of a confidential informant is no longer beneficial to the department, the originating member or supervisor shall complete the termination information sheet (PD 211) in order to de-activate the confidential informant. D. A member may request that a confidential informant be re-activated upon demonstrating specific needs and benefits. The Vice, Narcotics and Technical Support supervisor shall review the request and if approved shall issue a confidential informant control number. VI. USE OF JUVENILE INFORMANTS A. A juvenile will be defined as an informant when: 1. Paid to supply information. 2. Receiving a “consideration” of reduced or dropped charges for information. 3. Asked to make a controlled “buy” (i.e., stolen property, controlled substance, etc.). B. Any juvenile who freely provides information will not be considered as an informant. (In other words, a juvenile voluntarily giving information, or responding to questions during a field interview, or in a custody interview would not be defined as an informant). C. Juveniles will not be used an informants unless prior approval has been granted by both the: VICE 6-5 TALLAHASSEE POLICE DEPARTMENT 1. Officer’s immediate supervisor. 2. Juvenile’s parent/guardian. D. The Chief of Police must authorize the use of a paid juvenile informant. E. Provisions of General Order 62 must be followed concerning control and recording of use of informants. VICE 6-6