General Order - Chandler Police Department

CHANDLER POLICE
DEPARTMENT
GENERAL ORDERS
Serving with Courage, Pride, and Dedication
Order
D-33 USE OF INFORMANTS
Subject
Effective
100 Procedures
04/24/15
A. POLICY
[42.2.7]
Sworn employees of the department are encouraged to use informants to
enhance their ability to complete investigations of criminal activity
B. DEFINITION
SOURCE OF INFORMATION: Any individual who provides information to a
New
police officer without expectation of compensation and is not working under
the direction of the department
CONFIDENTIAL INFORMANT: Any individual under the direction of a police
officer who furnishes information about criminal activity and may be
compensated monetarily or in pending criminal charges. Works under
direction of the department; different from other concerned citizens or
complainants not working under department direction and not party to the
investigation. Only specifically trained personnel in covert units use
confidential informants.
New
C. RELIABILITY
SHOW THE SOURCE'S INFORMATION is a reasonable inference of
truthfulness. Informational reliability is established:
1. THROUGH INDEPENDENT investigation corroborating as much of their
information as possible
2. CORROBORATE INFORMATION by surveillance, record checks, the
observations of other detectives, and information independently obtained
by other Information Sources
3. FACTS CORROBORATED SUFFICIENTLY provide evidence of the
truthfulness of the unverified facts, e.g., innocent or neutral, not
necessarily criminal facts
D. INVESTIGATOR
RESPONSIBILITIES
1. EVALUATE MOTIVE of informant
2. CORROBORATE information
3. MAINTAIN A PROFESSIONAL RELATIONSHIP with all informants.
4. GOVERN RELATIONSHIP between officer and informant by:
a. Departmental rules and procedures
b. Judicial interpretations
c. Mandates of the law
New
5. USE INFORMATION FROM INFORMANTS AND SOURCES of information as
a valuable tool in achieving unit goals while ensuring department integrity
USE OF INFORMANTS – Procedures
04/24/15
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CPD GO D-33.100
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6. DETERMINE IF AN INFORMANT IS ACTIVELY WORKING for another officer
or agency before using them. Conflicts arise when individuals supply
information to different officers or agencies for monetary gain. Contact
the other agency or officer to verify informant’s status and credibility.
E. INFORMANTS ON
FELONY OR SUPERVISED
MISDEMEANOR PAROLE
OR PROBATION
1. OBTAIN PERMISSION from informant’s sentencing judge and probation
officer before activating informant
2. OBTAIN PERMISSION from CIB lieutenant
3. SENTENCING JUDGE IS FINAL AUTHORITY when informant is on
probation or parole
New
4. DO NOT WORK AN INFORMANT WHO wants to work off a violent crime
charge (e.g., armed robbery, a sex crime, etc.,) except in rare cases and
with approval from the Assistant Chief and the Maricopa County
Attorney’s Office
F. JUVENILE INFORMANTS
1. DO NOT WORK JUVENILE INFORMANT unless it is essential to a specified
case
a. Notify CIB lieutenant
b. CIB supervisor will advise parents/guardians and request written
consent
c. Consult Maricopa County Attorney Police Liaison for approval
d. Consult Juvenile Court Center for approval if juvenile is on probation
e. Do not use juvenile on parole (request records check through
Juvenile Court Central Index Section)
2. THE ABOVE PROCEDURE DOES NOT APPLY IF juvenile is not obtaining
information at direction of officer
3. APPROVAL IS GRANTED FOR SPECIFIC CASE ONLY
G. LAWFUL CONDUCT
BY INFORMANT
ADVISE INFORMANT he is considered an agent of the department when
aiding the department and cannot:
1.
2.
3.
4.
Break any federal or state law
Violate any local ordinance
Entrap suspect into violating law so police may arrest suspect
Be present at scene of crime unless informant wishes to testify in court
against suspect
USE OF INFORMANTS – Procedures
04/24/15
CPD GO D-33.100
Page 3
H. INFORMANT LOGS
[42.2.7]
To enroll a new informant, an investigator will give completed forms to the
Narcotics Unit police administrative specialist or JCNTF intelligence analyst
1. NARCOTICS POLICE INVESTIGATIVE ANALYST/JCNTF ANALYST
a.
b.
c.
d.
Rev
Complete background checklist
Give forms to Narcotics supervisor for approval
Enter CI information into CI database and assign unique CI number
File written information into the CI binder, including:
1) Informant Report
2) Informant Advisory Form
3) Debrief/Cases Completed Form
4) Signed Informant Agreement
5) Background Checklist
6) Picture of Informant
7) Biographical Information
e. Maintain CI logs
1) Document every meeting
2) Two officers must be present
f. Ensure payments and expenditures from Crime Control Accounting
sheets are reflected in the appropriate CI file
1) Drug purchases by CI
2) Informant payments
3) Reliability buys
g. Prepare and file signed tax notification forms
h. Assist PSS in quarterly CI check audit
i. Process redaction requests and file written request in CI packet
2. ASSIGNED INVESTIGATOR
a. Ensure forms are completed and accurate prior to submitting to police
administrative specialist/JCNTF analyst
b. Record completed transactions as necessary on the Debrief/Cases
Completed Form
3. NARCOTICS SUPERVISOR – Review and approve forms prior to
assignment of CI number
I. PROTECTION OF
INFORMANT IDENTITIES
1. USE CAUTION AND DISCRETION to protect identity of any individual acting
as informant
2. ONLY REVEAL INFORMANT’S IDENTITY to individuals having lawful right
or need to know specific information
New
a. An internal investigation requires identification
b. A judge directs that the informant’s identity be revealed. The detective
may:
1) Disclose the informant’s identity
2) Request a dismissal of the proceedings with supervisor approval.
Make this decision with both the informant’s safety and
department integrity in mind.
USE OF INFORMANTS – Procedures
04/24/15
CPD GO D-33.100
Page 4
3. CIB LIEUTENANT is ultimately responsible for informant files, including
distribution and recovery of files
4. ONLY CASE INVESTIGATOR, SERGEANT, AND ASSIGNED
ADMINISTRATIVE SPECIALISTS/JCNTF ANALYST have access to an
informant’s file
J. INVESTIGATOR /
INFORMANT CONTACTS
1. LIMIT CONTACT WITH INFORMANTS so that their knowledge of CIB
facilities, operations, activities, and personnel is kept to the minimum
necessary for successful use
a. Do not contact at police facilities
Rev
b. If informant must be at the facility, place them in an interview room
c. Informants are not to attend planning sessions, briefings, or
operational planning
2. KEEP CONTACTS STRICTLY PROFESSIONAL, including:
a. No social or business contact not connected to a police purpose
b. No accepting of gifts, loans, items, or service from informant
c. No personal or business transactions with informant
3. MEETINGS WITH INFORMANTS
a. Will have two investigators present for meetings with all informants
unless immediate action is required which renders requirement
impractical and supervisor has been notified prior to meeting
b. DO NOT meet with informant and then engage in investigative
activities, such as meeting suspects or others involved in criminal
activity, without other police personnel present to corroborate,
document, and provide surveillance and backup
c. Document information or service on informant worksheet to place in
case file or VDO file with a synopsis. Include:
1) Number of pieces of information verified by police
2) Number of search warrants executed from verified information
3) Amount of evidence recovered
4) Number of arrests made from verified information
K. INFORMANT PAYMENTS
1. GIVE THE SMALLEST PAYMENT AMOUNTS and rewards possible to
New
accomplish the desired enforcement objectives in a reasonable manner
2. INFORMANTS MAY BE PAID official funds appropriate to services provided
and within authorized amounts. Any informant payment must be
approved by a lieutenant. Informant single payment authorizations are:
 CIB Sergeant up to $500
 CIB Lieutenant up to $1,500
 CIB Commander up to $5,000
 CIB Assistant Chief greater than $5,000
3. PAY ONLY WHEN INFORMATION PROVIDED or services performed..
Remain objective and carefully evaluate the informant’s information and
performance before recommending payment amounts.
USE OF INFORMANTS – Procedures
04/24/15
CPD GO D-33.100
Page 5
4. SUPERVISORS MUST AUTHORIZE payments of informants
5. TWO INVESTIGATORS WILL BE PRESENT when informant is paid
6. COMPLETE RECEIPT OF FUNDS FORM to document payment
L. INFORMANTS INVOLVED
IN UNDERCOVER PURCHASES
1. THOROUGHLY SEARCH AN INFORMANT when he may come in contact
with funds, controlled substances, or anything of potential value as
evidence. Two investigators will be present when searching CI and/or CI
vehicle before and after a control buy.
a. Search before and after encounter
b. Document personal property of apparent value carried by CI when
searched, including all money
2. MAINTAIN CONTINUOUS VISUAL OR ELECTRONIC OBSERVATION during
undercover operation when possible
M. INFORMANTS UNDER
INFLUENCE
DO NOT USE informants under the influence of intoxicating liquor or drugs
N. ARMED
INFORMANTS
DO NOT ALLOW INFORMANTS TO BE ARMED with any weapon or dangerous
instrument when acting as an informant
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O. WHEN TO STOP USING
INFORMANTS
MAINTAIN REASONABLE CONTROL of informants and stop using them if
informants:
1.
2.
3.
4.
5.
Fail to follow instructions from you or unit supervisor
Reveal the identity of an undercover officer
Remove property, drugs, or unit money without approval
Provide false information that jeopardizes the informant’s credibility
Commit a criminal offense while being used as an informant
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