CHANDLER POLICE DEPARTMENT GENERAL ORDERS Serving with Courage, Pride, and Dedication Summary: Order D-35 COVERT OPERATIONS Subject 100 Planning and Notifications Effective 04/24/15 This order covers specific procedures required for covert operations. [42.1.6] [43.1.5] A. DEFINITION New COVERT OPERATION: An operation that is planned and executed as to conceal the identity of the sponsor and is utilized to deter and detect crime so as to gather information for future arrest and prosecution B. AUTHORIZATION 1. CIB PERSONNEL are authorized to initiate a covert operation with approval of a CIB lieutenant 2. OTHER SECTIONS OR DIVISIONS may not initiate any covert operations without the approval of a commander C. OVERVIEW 1. BACKGROUND INFORMATION a. Analyze crimes, victims, and suspects using crime analysis, in-house computer checks, background checks, criminal history checks, or other means b. Determine legal ramifications. Officers may confer with Department Legal Advisor, City Prosecutor, or County Attorney’s Office. 2. PREPLANNING a. Obtain authorization for the operation and use of force b. Determine operational procedures for observations, arrests, surveillance, high-risk entries c. Provide relief, backup security, and perimeter protection for officers d. Establish means of routine and emergency communications e. Select equipment or vehicles f. Obtain coordination and assistance from others, both inside and outside agency g. Request medical assistance 3. BRIEFING a. Designate a single person as supervisor and coordinator b. Brief officers involved and notify communications of the objective and the location of the operation, and roster of officers involved c. Supply officers with expense funds d. Supply officers with false identity, disguises, and necessary credentials 4. OPERATION a. Maintain overall confidentiality and cover b. Provide close supervision COVERT OPERATIONS - Procedures 04/24/15 CPD GO D-35.100 Page 2 c. Make contacts with suspects d. Search for and seize evidence and/or contraband New 5. TERMINATING OPERATION a. Any member may voice concerns and recommend termination of an undercover operation if it compromises the safety of anyone involved b. The supervisor will make the determination to terminate the operation after hearing the facts New 6. DEBRIEFING a. Discuss the operation or incident as soon as possible after the operation or incident b. Conduct the discussion either formally during debriefing or informally during individual conversations with the participants c. Purpose: Identify the actions and outcomes during the operation of what went well and what improvements can be made D. NOTIFICATIONS WHEN PLANNING SEARCH WARRANTS /SURVEILLANCES / INVESTIGATIONS / BUY - BUSTS / REVERSALS, notify the following agencies in a timely manner: 1. INTERNAL NOTIFICATIONS: a. The unit sergeant will notify: 1) The section lieutenant or commander 2) Radio supervisor of the actual time of event b. The radio supervisors will log the following information: 1) Date and time of notification 2) Location of event 3) Suspect information, name (if known), nature of warrant or investigation 4) Date served or executed 2. REGIONAL INFORMATION SHARING SYSTEMS (RISSafe) sponsored by Rocky Mountain Information Network (RMIN) designed to provide an officer safety event deconfliction system in order to prevent incidents of mistaken identity, doubt of credibility, or other situation of misunderstanding Rev a. Notify for the following investigations: 1) Undercover officers and confidential informants 2) Service of a search warrant and knock and talks 3) Surveillance and fugitive apprehension 4) Seizure of large amounts of illegal drugs, precursor chemicals, and/or clandestine labs b. Contact 24-hours a day, seven days a week at 1-800-821-0640 or 623-587-8201 and use option “1” 1) When possible, contact RISSafe at least four hours prior to any operation 2) Provide the following information to obtain RISSafe number: a) Officer information (Name, badge, Agency, and contact numbers) COVERT OPERATIONS - Procedures 04/24/15 CPD GO D-35.100 Page 3 b) Incident Information (Incident Type, Location, Date, and Start and End Times) 3) For conflicting operations, RISSafe personnel will contact the requesting officer by phone and advise of the conflict: a) If contact cannot be made, the next highest-ranking onduty/call supervisor will be contacted to resolve the conflict b) The involved officer and/or agency will make contact with other operators to resolve operation conflicts c) Once resolved, call RISSafe to report the details of the resolution d) A RISSafe number will then be assigned e) RISSafe will send an email to the requesting officer with all pertinent information regarding the request 3. THE VENUE AGENCY (agency with primary responsibility for the delivery of police services in a geographical area) of: a. Time and location of the planned event, the name of the supervisor in charge, and contact information (mobile phone, beeper) b. Identity of known targets / suspects against c. Nature of the planned event, i.e., search warrant, etc. d. Assessment of potential for problems e. Any assistance that is or may be requested of the venue agency f. Notification of termination at the conclusion of the event. If possible, notify the same individuals or their reliefs. The agency being notified ensures the appropriate persons within their organization are contacted in a timely manner. E. CONDUCTING ORGANIZED OPERATIONS [43.1.5] 1. UNIT SUPERVISOR RESPONSIBILITIES Rev a. Will submit an operation plan and threat assessment prior to the start of any operation b. Authorize and coordinate the operation c. Ensure all necessary equipment is available to involved personnel (e.g., radios, bulletproof vests, raid jackets, necessary paperwork, etc.) All electronic equipment will be tested prior to operation, to include the replacement of batteries. d. Ensure all support units have been briefed and have necessary equipment for communication, including SAU and other agencies e. Notify on-duty lieutenant if Tactical Team callout is necessary (arrange for the immediate availability of paramedic unit) 2. CASE DETECTIVE RESPONSIBILITIES a. If supervisor is unavailable, make necessary arrangements for manpower and other needs with on-duty shift lieutenant b. Prepare detailed diagram of the intended location c. Hold a briefing of all involved personnel prior to the execution of the operation or search warrant 1) Make assignments designating intended methods of approach, entry, securing, and leaving the location COVERT OPERATIONS - Procedures 04/24/15 CPD GO D-35.100 Page 4 2) Ensure all support units have necessary equipment to communicate with personnel directly involved in the operation; this includes SAU and police personnel from other jurisdictions 3) If the use of the Tactical Team becomes necessary, the unit supervisor will: a) Notify the on-duty shift commander b) Arrange for a paramedic unit to be immediately available d. Search for and seize all evidence. Another member may act as the evidence recorder (See G.O. E-13 for further information) e. Request medical assistance if needed (document appropriately) 3. DESIGNATED ARREST TEAM : Handle all arrests of suspects F. FIELD CONTACT / CONFRONTATIONS [43.1.5] UNIFORMED PERSONNEL MAY CONFRONT undercover/plainclothes officers as criminals. The non-uniformed officer is primarily responsible for defusing these situations. Guidelines for avoiding/alleviating confrontations include: 1. Wearing clearly marked clothing (i.e., raid jackets with “POLICE” printed on them) if direct confrontation with suspects is anticipated 2. Carrying firearm well concealed if officer is not clearly identified 3. Identifying yourself and location of credentials and weapons verbally 4. Following instructions of uniformed officer explicitly 5. Avoiding sudden, suspicious movements 6. Keeping hands in sight and open 7. Complying with requests from uniformed officers without hesitation 8. Providing agency contact information for verification if requested G. UNPLANNED EVENTS [43.1.5] IF OFFICERS MUST ENTER ANOTHER AGENCY’S JURISDICTION without prior coordination, notify that agency as soon as possible following the notification protocol H. SURVEILLANCE OPERATIONS [43.1.5] 1. SURVEILLANCE DEFINITION: Continuous or periodic watching of persons, vehicles, places, or objects; routine observations of individuals or groups acting in a suspicious manner. Photographing and visual monitoring of events for safety, historical, or training purposes is not surveillance. 2. DO NOT INFRINGE on the statutory and constitutional rights of any individual when conducting surveillance operations 3. PRINCIPLE CRITERIA for establishing surveillance COVERT OPERATIONS - Procedures 04/24/15 CPD GO D-35.100 Page 5 a. A legitimate and reasonable suspicion exists to believe that: 1) An individual or organization is engaged in, or has demonstrated the propensity to engage in illegal activity 2) An event may provoke community disorder b. Ensure the exercise of constitutional rights is protected c. Use surveillance data for legitimate law enforcement purposes d. May conduct photographic surveillance on any individual, location, organization, or event that meets the criteria for surveillance 4. OBJECTIVES a. b. c. d. e. f. g. h. Determine whether a violation of the law exists or will exist Obtain evidence of a crime Protect undercover officers or to corroborate their testimony Determine the reliability of informants Determine identities of parties involved in an investigation Determine methods of operation of suspected criminals Obtain probable cause for obtaining search warrants Prevent the commission of a violation of law or apprehend a subject in the commission of a crime 5. THE ORIGINATING UNIT SUPERVISOR WILL: a. Ensure the involved officers are knowledgeable of the scope and extent of the offenses and type of victims associated with the target or subject of the surveillance b. Ensure information is gathered concerning the premises, suspects, and vehicles involved 1) Evaluate/distribute information to participating personnel 2) Study the surveillance area to identify suitable vantage points 3) Observe traffic conditions and become familiar with the street names/locations in the area c. Select hours or period of surveillance 1) Base decisions on the number of personnel available and the circumstances of the suspected violation 2) Specify the procedures for observation, arrest, and following the subject 3) Plan for providing suitable relief for the officers involved d. Analyze legal ramifications e. Provide guidelines for arrest f. Provide backup for officers g. Provide close supervision for the operation h. Select and supply the type of surveillance equipment needed 1) Based on nature/extent of surveillance and available equipment 2) Examine/test the equipment to ensure satisfactory operating condition 3) Attain supervisor approval prior to the use of the equipment i. Provide for radio access 1) Ensure all surveillance officers have ready radio access 2) Select one primary radio frequency to use during the operation 3) Inform participating personnel if the frequency is changed 4) Provide means for routine and emergency communications j. Execute and coordinate the efforts of the surveillance officers k. Ensure surveillance vehicles are inconspicuous and fit the setting l. Supply department funds to cover officers’ expenses as necessary COVERT OPERATIONS - Procedures 04/24/15 CPD GO D-35.100 Page 6 I. UNDERCOVER OPERATIONS [43.1.5] Rev 1. THE UNIT SUPERVISOR WILL: a. Submit an operation plan prior to the start of the operation to the section lieutenant. Operations conducted for the purpose of surveillance do not require an operational plan. b. Analyze/identify crime trends through observations, field contacts, informants, citizen complaints, officer input, and other intelligence gathering 2. COMPLETE THE FOLLOWING prior to contact with a suspected violator when practical: a. b. c. d. e. f. g. Use all available means to identify the suspect Conduct vehicle registration checks and utility checks Identify known associates Identify method of operation and plan of action Investigate weapons capabilities, prior use, and the violence potential Identify residences and/or other locations frequented by the suspects Examine possible legal ramifications 3. CONTACT WITH SUSPECTS: Depending on type of crime and method of operation, you may use one of the following methods: a. b. c. d. e. Undercover introduction by an informant Undercover introduction by an undercover officer Undercover purchase and a simultaneous arrest (“Buy-bust”) Search warrant Surveillance with arrest 4. FALSE IDENTITY: Each officer will have authorization to acquire and maintain a false identity and credentials. a. Each officer will be supplied with: 1) Expense funds (unit supervisor is responsible for setting amount) 2) Required necessary safety equipment, weapons, and vehicle b. If identity is revealed, new credentials may be issued 5. SAFETY REQUIREMENTS: In any situation where an undercover officer is meeting with a suspect, a surveillance and backup team must be in the immediate area a. Establish a verbal and visual arrest or help signal for undercover officer, surveillance, and backup team b. Assign specific duties to assisting personnel that will serve in the following capacity as designated by a supervisor: 1) Arrest team 2) Counter-surveillance team 3) Evidence team: includes finders and recorders for evidence a) Evidence finder: assigned to locate evidence at the crime scene COVERT OPERATIONS - Procedures 04/24/15 CPD GO D-35.100 Page 7 b) Evidence recorder: assigned to prepare written record of seized evidence and appropriately package and label each item 4) Team to secure and stabilize the crime scene 5) Liaison with Communications 6) Prisoner transport team c. Caution and consideration will be given when assigning dual roles and responsibilities to personnel d. Ensure a supervisor is present when an arrest or search is anticipated Rev J. DECOY OPERATIONS [43.1.5] 1. DEFINITION: An investigative technique where an officer(s) assumes the identity or physical appearance of a victim or potential victim of a crime with the goal of apprehending a suspect in the commission of a crime 2. THE UNIT SUPERVISOR WILL SUBMIT AN OPERATIONAL PLAN to the Criminal Operations Section lieutenant and obtain approval if plan involves five or more department personnel, 30 or more days of operation, or a substantial amount of decoy property prior to operation 3. SHOULD INCLUDE PROVISIONS for the following situations: a. b. c. d. e. f. g. h. Analyzing victims, crimes, and locations Determining legal ramifications Establishing communications Identification by unit designation Disguising officers to resemble victims Developing operational procedures for observation and arrest Notifying the affected Field Operations personnel Providing close supervision 4. UNIT SUPERVISOR’S RESPONSIBILITIES a. Identify and analyze victims, crimes, and locale using the following sources/information: 1) Prior reports of incidents 2) Victim interviews 3) Details in police reports 4) Field observations 5) Crime analysis b. Consider the type of crime, previous violence potential, and number of suspects and assign an adequate number of surveillance/ backup officers to ensure the undercover officer's safety c. Monitor the activities of all involved, particularly the undercover officer d. Ensure each officer is supplied with portable radios and is familiar with the arrest and/or assistance needed signals e. Notify any affected agency or division of the activity to avoid conflicts COVERT OPERATIONS - Procedures 04/24/15 New CPD GO D-35.100 Page 8 K. SIMULATION AND ILLEGAL DRUG USE 1. AVOID SITUATIONS WHERE you may have to simulate using drugs. Preference would be to have a back story to tell the suspects to avoid the simulated use of drugs. 2. ONLY SIMULATE OR USE a controlled substance or illegal drug to avoid death or serious bodily injury 3. VERBALLY NOTIFY YOUR IMMEDIATE SUPERVISOR as soon as possible after the simulation or drug ingestion 4. THE SUPERVISOR IMMEDIATELY MAKES arrangements for a medical examination to determine whether medical tests are necessary to protect your health and safeguard department integrity 5. SUBMIT A COMPLETE WRITTEN ACCOUNT of the situation and surrounding circumstances in the offense report ✦✦✦
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