433 Situational Awarness Group (SAG)

Question 1

433.1 PURPOSE AND SCOPE

The purpose of this Policy is to set forth procedures regarding the collection, analysis, retention, dissemination and disposition of criminal intelligence by the Berkeley Police Department Situational Awareness Group (SAG).

Criminal intelligence shall be handled in a manner that ensures the legality and integrity of the process and safeguards the constitutional rights of individuals, groups, associations, and other legal entities.

This policy also describes the purpose and structure of SAG.

Answer 1

Policy

Question 2

433.2 DEFINITIONS

Criminal Intelligence:

Information compiled, analyzed and/or disseminated in an effort to anticipate, prevent, or monitor criminal and/or terrorism related activity.

Answer 2

Definition

Question 3

433.2 DEFINITIONS

Criminal Intelligence System:

Any record system that receives, stores, exchanges or disseminates information that has been evaluated and determined to be relevant to the identification of a criminal organization or enterprise, its members or affiliates. This does not include temporary information files.

Answer 3

Definition

Question 4

433.2 DEFINITIONS

Strategic Intelligence:

Information concerning existing patterns or emerging trends of criminal activity designed to assist in criminal apprehension and crime control strategies, for both long and short-term investigative goals.

Answer 4

Definitions

Question 5

433.2 DEFINITIONS

Gang:

An ongoing association, organization, or group of three or more persons who have a common interest and/or activity characterized by the commission of or the involvement in a pattern of criminal or delinquent conduct.

Gang Intelligence:

Information gathered, analyzed or disseminated of potential and validated gang members and their organizations.

Answer 5

Definition

Question 6

433.2 DEFINITIONS

Tactical Intelligence:

Information regarding specific criminal events that can be used immediately by officers to further a criminal investigation, plan tactical operations and provide for officer safety.

Answer 6

Definition

Question 7

433.2 DEFINITIONS

Suspected Criminals:

Persons whose conduct and actions would lead a reasonable and prudent law enforcement officer, based on personal knowledge or information from a reliable source, to believe that the person is probably engaged, or planning to engage, in criminal activity.

Known Criminal Offender:

Person who has been arrested for a criminal offense. A Person whose criminal conduct has been verified through personal knowledge of a member of the Department, or through a reliable information source.

Answer 7

Definition

Question 8

433.2 DEFINITIONS

Reasonable Suspicion of Criminal Activity:

“Reasonable suspicion” is present when sufficient facts are established to give a trained law enforcement officer a particularized and objective basis to believe that there is a reasonable possibility that an individual or organization is involved in a definable criminal enterprise or activity.

Answer 8

Definition

Question 9

433.2 DEFINITIONS

Criminal Intelligence File:

Criminal intelligence information that has been collected, processed and retained in an informational file or database, and that may be shared within the law enforcement community.

Processing:

When a Situational Awareness Group (SAG) officer establishes, maintains or updates a criminal intelligence file or database to ensure accuracy, security and proper dissemination of criminal intelligence.

Analysis:

When a SAG officer obtains, researches and interprets criminal information from various sources to identify, disrupt, arrest and prosecute habitual offenders.

Dissemination:

The product of analysis can be disseminated in verbal or written form. A SAG officer exchanges criminal intelligence to other bureaus and details within the Department, along with other allied agencies that have a need to know, in an effort to work collaboratively towards a common crime suppression goal.

Answer 9

Definitions

Question 10

433.3 POLICY

It is the policy of the Berkeley Police Department to lawfully and appropriately collect, analyze, retain, and disseminate criminal intelligence for the purpose of carrying out efforts to protect the public and suppress criminal activities.

All Department personnel shall adhere to guidelines established in this policy to ensure the security, confidentiality, proper maintenance and dissemination of criminal intelligence.

SAG has primary responsibility for the processing and handling of criminal intelligence.

Answer 10

Policy

Question 11

433.4 GROUP PURPOSE

SAG will provide support to all functions of the Berkeley Police Department and maintain working relationships with surrounding allied agencies and courts in order to maximize the sharing of criminal intelligence. The mission of SAG is to support criminal investigations and enhance officer safety within the Berkeley Police Department. SAG will gather, analyze, retain and disseminate criminal intelligence to aid patrol and investigative personnel.

Answer 11

Policy

Question 12

433.5 GROUP STRUCTURE

The Situational Awareness Group (SAG) is comprised of three groups:

A) the Terrorism Liaison Officers (TLO) Group,
B) the Gang Information Group (GIG), and
C) Criminal Intelligence Group (TSG)

SAG is under the command of the Operations Division Captain. The Operations Division Captain will designate an Operations Division Lieutenant to provide functional command of the SAG, along with the additional duty as the NCRIC TLO Coordinator. The Operations Division Captain will also designate an Operations Division Sergeant to serve as the SAG Sergeant who will be second in command.

The structure of each SAG group is as follows:

A) Terrorism Liaison Officers (TLO) Group: TLO Officers or Sergeants will work under the supervision of the SAG Sergeant. TLO Officers have received training in the identification, handling and reporting of potential terrorism related incidents. TLO’s will be available as a resource for Suspicious Activity Reports related incidents.

B) Gang Information Group (GIG): GIG Officers or Sergeants will work under the supervision of the SAG Sergeant. Officers or Sergeants assigned to the GIG will have specialized gang knowledge and training with a particular focus in one of the identified gangs in our area. All GIG Officers will gain expertise in gang member investigations through training and on the job experience. GIG Officers will attend local and regional gang task force meetings upon approval of the SAG chain of command.

C) Criminal Intelligence Group (TSG): TSG Officers or Sergeants will work under the SAG Sergeant. They will have expertise in technology and media that relate to criminal activities. TSG members will assist TLO, GIG, and BPD personnel in the use of and access to technology and media as requested for criminal intelligence or investigation.

Members of SAG will be selected by the Operations Division Captain or his/her designee with final approval made by the Chief of Police. The format for the selection process of SAG Officers is also at the discretion of the Operations Division Captain.

Membership in SAG is an ancillary duty to the officer’s regular assignment.

Answer 12

SAG

Question 13

433.6 SAG LIEUTENANT DUTIES

The SAG Lieutenant, or their designee, is responsible for the following:

A) Ensuring the procedures and processes of the SAG are followed regularly and reviewed at least annually.

B) Ensuring all SAG personnel maintain current training on Local, State and Federal standards regarding the procedures and processes of dealing with criminal intelligence information.

C) Administrating and coordinating of criminal intelligence files.

D) Ensuring the Operations Division Captain is informed of any criminal intelligence or SAG investigation that deals with a threat where the community, city, or any officer is at risk.

Answer 13

SAG LT

Question 14

433.7 SAG SERGEANT DUTIES

The SAG Sergeant, or their designee, is responsible for the following:

A) Coordinating and overseeing the entering of criminal intelligence into a file or computerized information file.

B) Ensuring group personnel attend continuing education pertaining to their group duties.

C) Providing periodic training to department personnel regarding areas of expertise within the group.

D) Maintaining a file of criminal intelligence that comes into the Department. The file shall contain information received from Department sources, allied agencies, and citizens. This file shall be secure and available on a need to know basis to persons requesting the information.

E) Preparing, upon request and periodically, a monthly report to the SAG Lieutenant regarding the status of active investigations that SAG members are actively investigating or supporting.

Answer 14

SAG SGT

Question 15

433.8 TLO AND GIG PERSONNEL DUTIES

The TLO and GIG personnel are responsible for the following:

A) Collecting, processing, analysis, and dissemination of criminal intelligence concerning activities within the City of Berkeley.

B) Reviewing of police reports, including but not limited to those of the Berkeley Police Department, to glean information for analysis and maintain necessary notes or documentation for later processing, analysis and dissemination.

C) The collection, processing, analysis, entering and dissemination of information by SAG personnel shall be done in compliance with all guidelines set forth by 28 Code of Federal Regulations Part 23, and the First
Amendment Assemblies Policy.

D) Proactively assisting with investigations upon explicit request from the handling officer, Detective Bureau, Special Enforcement Unit, or other department personnel. All such requests will be reported to the SAG chain of command.

Answer 15

SAG

Question 16

433.9 CRIMINAL INTELLIGENCE HANDLING

The Department shall maintain criminal intelligence concerning an individual or organization only if there is reasonable suspicion that the individual or organization is involved in criminal conduct or activity and the information is relevant to that criminal conduct or activity. The existence of reasonable suspicion will be based on specific, articulable facts that will be documented in the criminal intelligence file. Criminal intelligence files shall be maintained by the SAG Lieutenant or his/her designee. Criminal intelligence files as described in this policy are separate from Confidential Reliable Informant files maintained by the Special Investigations Bureau as described in the Informant Policy.

The SAG shall review all information received to determine the accuracy of the information and ensure that it relates to criminal conduct or activities that present a potential threat to the community prior to including this information in the criminal intelligence files.

Answer 16

SAG

Question 17

433.10 CRIMINAL INTELLIGENCE FILES

Files include information regarding Individuals who:

A) are suspected of being or having been involved in the actual or attempted planning, organizing, financing, or commission of criminal acts, or

B) are suspected of being or having been involved in criminal activities with known or suspected crime figures

Files include information regarding organizations, businesses, or groups that:

A) are suspected of being or having been involved in the actual or attempted planning, organizing, or commission of criminal acts, or

B) are suspected of being or having been illegally operated, controlled, financed, or infiltrated by known or suspected crime figures; or

C) use illegal activities and/or enterprises as a principal means to obtain resources, support for their existence, or further their organizational goals.

No intelligence data will be gathered, collected, or maintained on religious, political, racial, ethnic, sexual, or any other constitutionally protected status or activity which does not relate to criminal conduct or suspect identification and associations with individuals, which may be of a criminal nature.

Answer 17

SAG

Question 18

433.11 AUTHORIZED CRIMINAL INTELLIGENCE

Criminal intelligence activities performed by the Berkeley Police Department shall include:

A) The gathering of information from confidential informants, other reliable sources, and sources of unknown reliability.

B) Analyzing the value, quality, and reliability of information received.

C) Dissemination of the information to the appropriate Departmental personnel.

D) Dissemination of the information to allied law enforcement agencies

Information sources must be protected to maintain their reliability, safety, and future usefulness. All policies and procedures set forth in General Order D-4 must be adhered to.

To ensure the protection of innocent persons, it is imperative that the legality and integrity of the Department’s intelligence effort be continually monitored for compliance by the Operations Division Captain.

Answer 18

SAG

Question 19

433.12 RETENTION AND PURGING OF CRIMINAL INTELLIGENCE

A) Criminal intelligence may be retained for up to five (5) years for adults and two (2) years for juveniles. At that time, criminal intelligence will be purged unless new criminal intelligence has been developed establishing reasonable suspicion that the individual and/or organization continues to be involved in a definable criminal activity or enterprise.

B) Criminal intelligence may be entered into temporary criminal intelligence files when there is reasonable suspicion of criminal activity, but that finding is based, in part, upon “unproven” or “unknown” sources, or where the content reliability of the information is “unknown” or “undetermined”. All temporary criminal intelligence files shall be specifically designated as such and must be reviewed by SAG personnel every sixty (60) days for validity. Temporary criminal intelligence files shall be retained no longer that one (1) year. At that time, a temporary file must be either purged or converted into a permanent criminal intelligence file. All temporary files must be kept distinctly separate from the general criminal intelligence files.

C) The SAG Lieutenant shall ensure out-of-date criminal intelligence is purged from the file in accordance with federal and state guidelines.

D) Documents within the criminal intelligence files shall be reviewed in an on-going basis to ascertain whether a higher degree or lesser degree of document security is required and to ensure that information is released only when appropriate. Any information received and entered into any criminal intelligence file must have the source and content reliability verified.

Answer 19

SAG

Question 20

433.13 RELEASE OF CRIMINAL INTELLIGENCE INFORMATION

A) SAG personnel shall organize and analyze criminal intelligence information received, and shall prepare and release criminal intelligence reports to various Departmental units and allied agencies on a need/right to know basis only.

B) Criminal intelligence may not be released if the
disclosure of such information:

C) Interferes with an active investigation

D) Constitutes an invasion of privacy

E) Discloses the identity of a confidential source

F) Discloses a confidential investigation technique or procedure

G) Endangers the life or safety of a law enforcement officer

Answer 20

SAG

Question 21

433.14 OUTSIDE AGENCIES

The Berkeley Police Department will only cooperate with outside agencies consistent with this policy, the California Attorney General’s Criminal Intelligence Guidelines and Title 28 Code of Federal Regulations, Part 23. Officers will follow this policy at all times when engaged in cooperative efforts with another agency.

Answer 21

Policy

Question 22

433.15 SECURITY PROCEDURES

Criminal Intelligence files shall be secured, or in the event of computer files, shall be password protected. The files and databases will be secured during off-duty hours and when SAG personnel are away from their work station.

A) Access to Criminal Intelligence Files for the purpose of adding, deleting, or modifying information shall be restricted to:

   1) SAG Personnel
   2) Other personnel authorized by the Chief of Police

B) Access to Criminal Intelligence Files for read only access is granted to:

   1) Operations Division Captain
   2) Other personnel authorized by the Operations Division Captain

C) Computer access to Criminal Intelligence Information shall be available only to Department employees who have been trained and have security authorization to access the Criminal Intelligence Files.

Answer 22

SAG policy