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 New CPD GO D-33.100 Page 2 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 New 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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