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Use of Confidential Informants, Medical University of SC, 2001

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MEDICAL UNIVERSITY OF SOUTH CAROLINA
DEPARTMENT OF PUBLIC SAFETY
POLICY AND PROCEDURE #75

SUBJECT: USE OF CONFIDENTIAL
INFORMANTS

EFFECTIVE DATE: 1 January 1999

PAGE 1 OF 10

REVIEW DATE: 1 January 2001

APPROVED:

CHANGE DATE:

A. Purpose
The purpose of this policy is to provide regulations for the control and use of
Confidential Informants (CI=s).
B Policy
In many instances, a successful investigation cannot be conducted without the use
of CI=s. While the use of CI=s is an effective tool in investigations, it can be
undermined by the misconduct of either the CI or the officer utilizing the
informant. Therefore, it shall be the policy of the department to take necessary
precautions by developing sound informant control procedures. (CALEA
42.2.1.a)
C. Definitions
1. Confidential Informant: A person who discloses information of
an investigative interest and who does not want his/her identity
revealed; an informer.
2. Confidential Informant File: Records maintained in order to
document all information that pertains to CI's.
3. Unreliable Informant File: Records which document individuals
determined generally unfit to perform as informants.
D. Classification of Informants
1. Class One: Those with only a minor record or no criminal
record at all.

2. Class Two: Those with serious criminal records. Serious,
though subject to interpretation, would certainly include most
felonies and some misdemeanors. Any use of a person with a
serious criminal record as an informant in an investigation should
be done only with the approval of the Director and/or Deputy
Chief.
3. Class Three: Those with records for violent crimes or such
extensive ongoing criminal history that they are disqualified for
use as reliable informants.
E. Categories of Participation
1. Participating Informant: An informant acting at the direction
and under the control of an officer/investigator.
2. Nonparticipating Informant: An informant acting
independently of police input, and quite often provide information
anonymously.
F. Procedures
1. Establishment of an Informant File System
a. The Chief Investigator shall be responsible for
developing /maintaining a master informant file and
an indexing system through the appointment of an
Informant File custodian. (CALEA 42.2.9.a)
b. Participating informant(s) will be added to the
informant filing system when they are determined
to be acting at the direction and under the control of
an officer/investigator.
c. A file shall be maintained on each CI used by
officers. (CALEA 42.2.9.c) Each file shall be coded
with an assigned informant control number and
shall contain the following information:
1) Informant's name;
2) Name of officer initiating use of
the informant;

3) Informant's photograph,
fingerprints, and criminal history
record;
4) Summaries of information
provided by the CI and its
subsequent reliability. (If an
informant is determined to be
unreliable, the informant's file shall
be placed in the unreliable file
category);
5) Signed informant agreement; and
6) Update on active or inactive status
of informant. (CALEA 42.2.9.b)
d. An informant history summary, coded with the
informant control number, shall be prepared to
correspond to each informant file and include the
following information:
1) special skills or avocations;
2) date of birth;
3) aliases;
4) height, weight, hair color, eye
color, race, sex, scars, tattoos or
other distinguishing features;
5) current home address and
telephone number;
6) residential addresses over the past
five years;
7) current employer, position,
address and telephone number;
8) marital status and number of
children;
9) vehicles owned and their
registration numbers; and

10) places frequented.
e. Informant files shall be maintained in a secured
area within the Chief Investigators's Office.
(CALEA 42.2.9.d)
f. The informant files shall be utilized in order to:
1) provide a source of background
information about the informant;
2) provide a complete history of the
information received from the
informant;
3) enable review and evaluation by
the appropriate supervisor of
information given by the informant;
and
4) minimize incidents that could be
used to question the integrity of
officer/investigators or the reliability
of the CI.

g. Access to the informant files shall be restricted to
the Director, Deputy Chief, Chief Investigator
and/or the designated file custodian. (CALEA
42.2.9.e)
h. Sworn personnel may review an individual's
informant file. The requesting officer shall submit a
written request explaining the need for review. A
copy of the request, with the officer's name, shall be
maintained in the CI file. If emergency
circumstances exist then verbal request will be
permitted followed by a written request within (5)
five working days. (CALEA 42.2.9.e)
2. Use of Informants
(CALEA 42.2.9.g)

a. Before using an individual as a CI, an officer
must receive approval from the Director and/or
Deputy Chief or his designee.
b. The officer shall compile sufficient information
through a background investigation in order to
determine the reliability and credibility of the
individual and forward the information to the
custodian of the Informant File.
c. After the officer receives approval to use an
individual as a CI, an informant file shall be opened
in accordance with above procedures.
d. All persons determined to be unsuitable for use as
a CI shall be referenced in the Unreliable Informant
file.
e. An officer wishing to utilize an unreliable
informant shall receive prior approval from the
Director or Deputy Chief.
3. General Guidelines for Handling CIs
(CALEA 42.2.9.g)
a. All CIs are required to sign and abide by the
provisions of the Division Informant Agreement.
The officer utilizing the CI shall discuss each of the
provisions of the agreement with the CI, with
particular emphasis on the following:
1) Informants are not law
enforcement officers. They have no
arrest powers, are not permitted to
conduct searches and seizures and
may not carry a weapon.
2) Informants will be arrested if
found engaging in any illegal
activity. They will receive no special
legal considerations.
3) Informants are not to take, and the
department will not condone, any
actions that may be considered

entrapment. Entrapment occurs
where the informant encourages,
persuades or otherwise motivates a
person to engage in criminal activity.
b. No member of the department shall knowingly
maintain a social relationship with CIs while off
duty, or otherwise become personally involved with
CIs. Members of the department shall not solicit or
accept gratuities or engage in any private business
transaction with a CI.
c. Whenever possible, an officer shall always be
accompanied by another officer when meeting with
a CI, especially a CI of the opposite sex .
d. Juveniles shall only be utilized as CIs with the
authorization of the Director and the advance
written permission of the parents/guardians.
(CALEA 42.2.9.h)
e. Patrol officers wishing to develop and utilize
informants may do so in accordance with all
sections of this procedure. (CALEA 42.2.9.l)
4. Criteria for Paying Informants
a. Any person who is to receive payment for
information charged against the department's
confidential fund for information must be
established in the CI File.
b. The amount of payment shall be commensurate
with the value of services/information provided and
based on the following factors:
1) the level of operation of the target;
2) the amount of actual/potential
seizure; and
3) the significance of the
contribution to the objectives of the
department.

c. When an informant assists in developing an
investigation, either through supplying information
or actively participating in it, he/she may be paid for
his/her service either in a lump sum or in payments.
Payments for information leading to a seizure, with
no defendants, will be held to a minimum.
d. To pay another agency's informant, he/she must
first be established as an informant for the
department. Sharing payment with the other agency
is preferable and duplication of payments is
prohibited.
e. All payments will be strictly handled in
accordance with all other policies/procedures. All
payments must be receipted by the funds custodian
and witnessed. A copy of the receipt will be placed
in the informant's file along with a copy of the
expenditure voucher. (CALEA 42.2.9.f)
Attachments:
Attachment #1 Master Confidential Informant File
Attachment #2 Request For Review of Confidential Informants File
Attachment #3 Confidential Informants File Record
Attachment #4 Confidential Informant History Summary

DEPARTMENT OF PUBLIC SAFETY
MASTER CONFIDENTIAL
INFORMANT FILE
Informant
Control Number

Date

Approved By

Initiating Officer

Activity
Termination
Date

Attachment #1

REQUEST FOR REVIEW OF CONFIDENTIAL INFORMANT FILE

Being a duly sworn officer of the Department of Public Safety, Medical University of South
Carolina I request to review the confidential informant file of .

Informant control number;

Explanation of need for review; Date;

Requesting officer=s name (print) Requesting officer=s signature

Informant file custodians name (print) Informant file custodians signature

Attachment #2

CONFIDENTIAL INFORMANT FILE RECORD

1) Informant=s name; Control number:

2) Initiating officer ;

3) Informant=s; photograph fingerprints criminal history record
( circle items in file)

4. Summary of information provided by CI.

5. I knowingly and willingly have agreed to assist a representative of the Department of Public
Safety, Medical University of South Carolina as a confidential informant in criminal
investigations. I have not been guaranteed compensation or assistance in the reduction or
dismissal of criminal offenses that may be pending against me.

6. Status of informant; Active Inactive
(Circle)
Narrative explanation if applicable;
Attachment #3

CONFIDENTIAL INFORMANT HISTORY SUMMARY

Informant control number

1) special skills or avocations;
2) date of birth;
3) aliases;

4) height, weight, hair color, eye color, race, sex, scars, tattoos or other distinguishing features;
5) current home address and telephone number;
6) residential addresses over the past five years;
7) current employer, position, address and telephone number;
8) marital status and number of children;
9) vehicles owned and their registration numbers;
10) places frequented;

Attachment #4

 

 

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