600-16 CONFIDENTIAL INFORMANTS AND OTHER SOURCES OF INFORMATION

Question 1

CONFIDENTIAL INFORMANT CATEGORIES

Only adult Cls (18 years or older) shall be utilized unless there are extenuating circumstances and the utilization of a juvenile is approved by the _____ and the _____. All Cls shall be registered with the authorized primary division. Cls may or may not receive payment as set forth below. There are three categories of Cls utilized by the department.

Answer 1

1) division’s assistant chief

2) juvenile’s parent or guardian

Question 2

Regular Use Cls

Cls who do not meet the limiting criteria of a _____or other source of information (see section 4, Other Sources of Information, of this General Order). A Regular Use Cl may or may not receive payment from the department.

Answer 2

Defendant Cl, Restricted Use Cl,

Question 3

Defendant Cls

Persons who are under arrest and either have charges pending or are charged in a criminal investigation, and do one or more of the following:

a. Provide information on suspects or criminal activity unrelated to the case in which ____

b. Provide information on co-defendants about criminal activity related to the _____

c. Perform an investigative activity (e.g., “buy/walk”) under the direction and control of the_____

Answer 3

1) the Cl is implicated.

2) case in which the Cl is implicated.

3) investigator authorized to handle the Defendant Cl.

Question 4

Defendant Cls

If it is decided to allow an individual to continue working as a Cl, then a written contract from the _____ or _____ is required. The Cl will be reclassified as a Defendant Cl. The original written contract or permission from the court shall be provided to the District Attorney’s Office for their case file and a copy shall be placed in the division Cl file.

Defendant Cls may also receive a Restricted Use Cl designation based on their activities or affiliations.

Answer 4

1) prosecutor’s office

2) written permission from the court

Question 5

Defendant Cls

Defendant Cls, including those having a Restricted Use Cl designation, shall not _____.

Any Defendant Cl payment exception must be approved by the _____ upon review of written justification for payment provided by the _____.

However, the purchase of services or the purchase of evidence in the follow-up investigation involving the Defendant Cl, including one having a Restricted Use Cl designation, may be authorized in order to complete the criminal investigation (e.g., “flash funds,” props, purchase of stolen property). To document funds for these purposes, see section 10, Confidential Informant and Covert Investigation Funds, of this General Order.

Answer 5

1) receive payment from the department

2) division commander

3) squad lieutenant

Question 6

Restricted Use Cls

Cls who meet the criteria of a Regular Use Cl or Defendant Cl, but based on various
factors require _____

Restricted Use Cls require the written approval of the _____ and shall be subject to a greater degree of supervisory control. In assessing whether a Cl may be a Restricted Use Cl, the investigator shall consider various factors such as whether the Cl has a history of violence, alcohol or drug abuse, and the Cl’s reliability, truthfulness, motivation, and past performance as a Cl.

If the investigator or a supervisor believes the Cl’s character, criminal history, IAD history, or past actions may _____, then the Cl shall be considered a Restricted Use Cl.

Answer 6

1) a higher level of authorization.

2) division commander of the authorized division

3) compromise the credibility of the Cl process

Question 7

Restricted Use Cls

If any one of the below listed factors applies to a Cl that meets the criteria of a Regular Use Cl or Defendant Cl, approval from the concerned division commander is required before the individual may be utilized as a Cl. The below factors are not all inclusive.

The investigator shall obtain written approval from the division commander if a Cl:

a. Is a previously _____

b. Is or has been a member of, associated with, or had ties to an _____group, hate group, anti-government group or militia (e.g., Ku Klux Klan, American Nazi Party, New Black Panthers), or international or domestic terrorist organization such as Al-Qaeda, Hamas, or Earth Liberation Front.

c. Is a convicted _____

d. Is currently charged with or has been convicted of ____as a result of testimony in a criminal or civil proceeding.

e. Has a _____ or _____ issued against the individual.

f. Has a history of or exhibits signs of a _____

g. Has a history of or exhibits signs of _____.

h. Is a documented _____ that has been deactivated.

i. Is the subject of a _____.

Answer 7

a. Is a previously deported criminal alien.

b. Is or has been a member of, associated with, or had ties to an extremist group, hate group, anti government group or militia (e.g., Ku Klux Klan, American Nazi Party, New Black Panthers), or international or domestic terrorist organization such as Al-Qaeda, Hamas, or Earth Liberation Front.

c. Is a convicted sex offender.

d. Is currently charged with or has been convicted of perjury as a result of testimony in a criminal or civil proceeding.

e. Has a Magistrate’s Order of Emergency Protection or Protective Order issued against the individual.

f. Has a history of or exhibits signs of a violent nature (e.g., violent criminal history).

g. Has a history of or exhibits signs of mental instability.

h. Is a documented problem Cl that has been deactivated.

i. Is the subject of a continuing investigation.

Question 8

Restricted Use Cls

The investigator shall obtain _____ if a potential Cl is currently living outside the United States and the investigator plans to bring the Cl into the United States under a Homeland Security Investigations (HSI), Significant Public Benefit Parole contract.

All approved Cls in this category shall be considered _____

Answer 8

1) written approval from the Chief of Police

2) Restricted Use Cls.

Question 9

Confidential Informants on Probation

[Utilization of a Cl who is currently on probation or parole is prohibited unless the guidelines below are followed and the required written approval is placed in the division Cl file.]

The investigator shall receive approval from the _____ prior to allowing the probationer to work as a Cl.

The investigator shall contact the criminal court having jurisdiction over the individual’s case and notify the judge of the investigator’s intention to utilize the individual as a Cl. Only when the judge has _____, can the investigator register the individual as a Cl.

If written approval from a judge is not possible, written authorization shall be obtained from a _____

Answer 9

1) state agency supervising the probationer

2) given written permission

3) Probation Department supervisor.

Question 10

Confidential Informants on Parole

[Utilization of a Cl who is currently on probation or parole is prohibited unless the guidelines below are followed and the required written approval is placed in the division Cl file.]

The investigator shall receive approval from the _____ prior to allowing the parolee to work as a Cl.

The investigator shall obtain permission from the _____prior to registering the individual as a Cl. This can be accomplished by forwarding correspondence to the sanctioning parole board. If permission is granted, the investigator shall be required to follow the parole board’s guidelines established for the parolee.

Answer 10

1) state agency supervising the parolee

2) parole board

Question 11

CONFIDENTIAL INFORMANTS INVOLVED IN CRIMINAL ACTIVITY

A confidential informant who is under arrest, has charges pending, or is currently charged in a criminal investigation shall be permitted to operate only as a _____ described in section 1, Confidential Informant Categories.

If an investigator learns a registered Regular Use Cl or Restricted Use Cl subsequently is placed under arrest, is under criminal investigation, has charges pending, or is charged in a criminal investigation, the investigator shall notify the concerned division commander or designee. The commander shall determine whether or not to allow the Cl to continue to work with the police department based on _____, and if so, make the appropriate classification as set forth in section 1, Confidential Informant Categories, of this General Order. Such information shall be a factor considered in determining when to purge a Cl file.

Answer 11

1) Defendant Cl

2) the totality of the situation and policies outlined in this General Order

Question 12

OTHER SOURCES OF INFORMATION

Persons considered other sources of information are not registered as Cls and shall not receive payment from the department. Payment to persons providing information through Crime Stoppers is documented by Crime Stoppers. Officers shall not circumvent the intent of this General Order by _____ in order to avoid documenting the payment. Persons considered other sources of information shall not perform any investigative activity.

Answer 12

referring Cls to Crime Stoppers

Question 13

CODE OF CONDUCT FOR OFFICERS (1/3)

a. Criminal activity by Cls shall not be encouraged or condoned, unless otherwise authorized by an officer in furtherance of an investigative objective. Officers are never permitted to authorize a Cl to:

1. Participate in _____.
2. Participate in an act that _____
3. Participate in an act designed to obtain information for the officer that would be _____

b. Investigators shall assess and document the validity and reliability of information received from Cls before _____. Whenever feasible, additional information should be used to corroborate the information provided by a Cl through further investigation. If no corroborating evidence is obtained, the investigator shall consult with a supervisor and the District Attorney’s Office before taking further law enforcement action.

Answer 13

1) an act of violence

2) constitutes obstruction of justice (e.g., perjury, witness tampering, destruction of evidence).

3) unlawful if conducted by the officer (e.g., burglary, illegal wiretapping, or trespass amounting to an illegal search).

4) police action is initiated

Question 14

CODE OF CONDUCT FOR OFFICERS (2/3)

c. All meetings between a Cl and an officer shall be attended by _____. Officers shall advise their supervisor prior to meeting with a Cl.

d. All _____ with a Cl, including those via the telephone or other electronic devices and applications, shall be documented. Employees shall utilize the standardized _____ form to record interactions and ensure the form is attached to the Cl’s divisional file. An exception to this form usage requirement will be allowed if the division has an electronic database in place that records the same information required to be documented on the form for all Cl contacts. All forms and/or individual database activity reports shall be reconciled monthly at the division level and is subject to CID oversight. CID shall develop an SOP detailing an audit process to provide accountability and oversight for all divisions utilizing Cls.

Answer 14

1) two officers or an officer and a supervisor

2) meetings, conversations, and interactions

3) Confidential Informant Activity Documentation

Question 15

CODE OF CONDUCT FOR OFFICERS (3/3)

e. Officers shall not socialize with Cls or their families outside of _____

f. Officers shall not _____ to a Cl.

g. Officers shall not _____ to Cls.

h. Officers shall not _____ from Cls, Cls’ family members, or Cls’ associates.

i. Officers shall not enter into _____ with Cls.

j. Officers shall not utilize _____as a Cl without permission from the division commander.

Answer 15

e. Officers shall not socialize with Cls or their families outside of law enforcement operational necessity.

f. Officers shall not purchase items from or sell items to a Cl.

g. Officers shall not borrow money from or loan money to Cls.

h. Officers shall not accept gifts or gratuities from Cls, Cls’ family members, or Cls’ associates.

i. Officers shall not enter into business relationships with Cls.

j. Officers shall not utilize relatives as a Cl without permission from the division commander.

Question 16

PROCEDURES FOR UTILIZATION OF CONFIDENTIAL INFORMANTS (1/3)

The following requirements apply to the utilization of Cls:

a. Supervisors responsible for employees utilizing Cls shall ensure that their staff is trained in the procedures for handling Cls. Patrol officers and officers from other units who become involved in handling Cls shall be trained by supervisors in the primary division responsible for maintaining the Cl’s files. Supervisors are responsible for ensuring _____

b. The identities of Cls shall be fully documented and kept confidential, when applicable. If Cls are unable to provide verifiable identification, they shall be fingerprinted and the prints maintained in the divisional Cl files until _____. Cls shall not be utilized until their identity has been verified unless written approval from the division commander is documented in the concerned division’s Cl file.

Answer 16

1) subordinates’ adherence to department policies regarding Cls.

2) verified by the department’s Identity Verification Unit

Question 17

PROCEDURES FOR UTILIZATION OF CONFIDENTIAL INFORMANTS (2/3)

The following requirements apply to the utilization of Cls:

c. Cls shall work for only one investigator or team within a division at any one time. Any exception must be approved by _____. Cls shall not be transferred to another investigator within the same division without approval from a lieutenant assigned to the division.

d. An investigator intending to utilize a Cl for the first time shall check with the division’s Cl file custodian to determine _____. The Cl file custodian shall check with the Criminal Intelligence Division (CID) Confidential Informant Database Coordinator to determine if a current Cl file exists on the individual.

e. If a current file for the Cl does exist, the officer shall check with the investigator on record regarding the _____.

Answer 17

1) both team lieutenants

2) whether a file for the Cl already exists

3) availability of the Cl before utilizing the Cl

Question 18

PROCEDURES FOR UTILIZATION OF CONFIDENTIAL INFORMANTS (2/3)

The following requirements apply to the utilization of Cls:

f. Cls already on file with a primary division shall not be utilized by a secondary division without the approval of _____. If the primary division approves, two or more divisions may simultaneously utilize Cls. However, Cl documents shall be forwarded to the primary division as indicated in section 9, Confidential Informant Files, of this General Order.

g. In accordance with section 10, subsection “Documenting Payments to Cls,” officers shall not pay a Cl without the appropriate witness present. All Cl payments require a documented witness, either another officer or supervisor. If the payment to a Cl is more than $___, then a supervisor must witness the payment.

Answer 18

1) both division commanders

2) 50

Question 19

New Confidential Informants

Investigators wanting to utilize a new Cl shall create a new Cl file containing the following and forward it to the divisional Cl custodian when complete:

a.

b.

c.

d.

Answer 19

a) Divisional Confidential Informant Information Form.

b) Confidential Informant Application Checklist and Supervisor Approval Form.

c) Confidential Informant Registration Index Card/Document.

d) Confidential Informant Code of Conduct Agreement.

Question 20

DEACTIVATING PROBLEM CONFIDENTIAL INFORMANTS

Occasionally, Cls will be deemed to be unreliable, be suspected of criminal conduct, or are otherwise determined unsuitable for utilization as a Cl. Examples of when an individual is considered a problem Cl include, but are not limited to, when:

a. The Cl is _____

b. The Cl’s cooperation has been determined to be _____.

c. The risk of utilizing the Cl _____

Answer 20

a. The Cl is no longer willing to cooperate.

b. The Cl’s cooperation has been determined to be unsatisfactory.

c. The risk of utilizing the Cl outweighs the potential benefit to the department Cl.

Question 21

DEACTIVATING PROBLEM CONFIDENTIAL INFORMANTS

When an individual is considered a problem Cl, documentation, stating why the person is classified as a problem Cl shall be placed in that person’s divisional Cl file and the problem Cl shall be deactivated.

It is the responsibility of the _____ to ensure this documentation is stored within their divisional Cl files. Additionally, the respective divisional Cl custodian shall ensure that “problem Cl documentation” is delivered to the CID Confidential Informant Database Coordinator for inclusion into the Primary Departmental Confidential Informant Database. Any future utilization of a deactivated Cl shall require reactivation as a_____. This information shall be recorded in the Primary Departmental Confidential Informant Database.

Answer 21

1) divisional Cl custodian

2) Restricted Use Cl

Question 22

EVALUATION OF CONFIDENTIAL INFORMANTS

Annual Review

Divisions shall review and evaluate the utilization of Cls on an ____ basis.

During the month of January, officers will _____ for any disqualifying information or unreported arrests, conduct a current warrant check, and fill out the Confidential Informant Annual Review and Verification Report form.

Every February, supervisors shall evaluate the utilization of Cls by their subordinates and verify that _____. Cls that do not continue to meet the department and divisional standards for Cls shall be deactivated according to procedures in this General Order and no longer utilized. Documentation of each Cl’s review shall be placed in the divisional Cl file.

Answer 22

1) annual

2) review and re-check each Cl’s criminal history

3) each registered Cl in current use by the division continues to meet the department and divisional standards

Question 23

EVALUATION OF CONFIDENTIAL INFORMANTS

Annual Review

Due to the large number of Cls maintained, the _____Division may use different dates for the annual Cl audit as long as the requirement meets or exceeds the requirements set forth in this General Order.

Answer 23

Narcotics

Question 24

EVALUATION OF CONFIDENTIAL INFORMANTS

Annual Review

On a _____basis, first line supervisors shall meet with investigators to discuss the status of each active Cl assigned to their officers. The supervisor shall review the Cl’s contacts and associated expenses and payments with the officer and ensure that Cl contacts and payments are being properly documented as required. Any discrepancies that cannot be resolved immediately shall be brought to the attention of the next line supervisor.

If it is determined that the Cl file should be deactivated or purged, the investigator shall forward the request to deactivate or purge the Cl file to the _____ for handling.

Additionally, any issues with a particular Cl or facts discovered concerning the utilization of a Cl that may adversely affect the integrity or reputation of the department or the officer shall require an unscheduled review of the Cl’s status and/or the relationship between the officer and the Cl. _____ shall have the authority to sever the relationship between an officer and a Cl at their discretion based on the facts of the circumstances. Any unscheduled review shall be documented in the Cl’s divisional file. The changed status of any Cl shall be reported to CID by the divisional Cl file custodian.

Answer 24

1) monthly

2) divisional Cl file custodian

3) Division commanders and lieutenants

Question 25

Biannual Random Supervisor Audit of Cl Activity

Each _____, the divisional Cl custodian shall randomly select, for audit, at least one active Cl from each officer in the division working Cls and provide the selected Cl’s identifying information to a divisional lieutenant outside that officer’s chain of command.

The _____ will conduct an in-person audit interview with the chosen Cl and document the interview on the Confidential Informant Audit Interview form. The purpose of the biannual random audit is to ensure compliance with all Cl policies when utilizing the Cl for criminal investigations and to correct any deficiencies.

Any Cl who refuses to cooperate with the audit process shall be _____ and shall not be eligible for any payment or compensation from the Houston Police Department.

Answer 25

1) January and July

2) lieutenant

3) deactivated

Question 26

CONFIDENTIAL INFORMANT FILES

Cl files shall be maintained under the control and authority of the division commanders of only the _____, _____, _____, _____, _____, _____, _____, _____, _____, _____, and _____ divisions.

Answer 26

Auto Theft
Burglary and Theft
Criminal Intelligence
Cyber and Financial Crimes
Gang
Homicide
Internal Affairs
Major Offenders
Narcotics
Robbery
Vice

Question 27

Primary Departmental Confidential Informant Database (Central Registration File)

_____ shall maintain a Central Registration File on all Cls utilized by the department. The
_____ and _____ shall be responsible for maintaining the Central Registration File.

Answer 27

1) CID

2) commander of CID

3) two supervisors (primary and secondary)

Question 28

Primary Departmental Confidential Informant Database (Central Registration File)

If officers need information to conduct a particular investigation, they may contact _____ to determine the availability of any Cls who may be able to supply information regarding their investigation.

Answer 28

CID

Question 29

Purging Confidential Informant Files

A divisional Cl file may be reviewed and deactivated or purged at any time deemed necessary by the _____ (e.g., Cl is deceased, unfavorable supervisor evaluation) or by the _____ when it is believed the Cl’s assistance is no longer needed.

Answer 29

1) division commander

2) investigating officer and supervisor

Question 30

Purging Confidential Informant Files

Every year, while performing an annual review, the _____of each authorized division shall review all information contained in each of their Cl informant files to determine which files should be considered for purging.

Special consideration for purging shall be given to those files that are ____ years old or older, if a review of the documents contained in the file indicates that no Cl contacts have been made during the _____.

A _____ may delay the purging of a Cl file by placing written authorization in the Cl file that explains why the file was not purged (e.g., productive Cl has been in prison past five years).

In addition to this consideration, when reviewing Cl files for the purpose of purging, division commanders shall examine other factors such as: the nature of the offenses with which the Cl is associated, whether the Cl has an extensive criminal record or recent criminal activity, and/or whether the Cl file contains information that could be used in the future by either the department or an outside agency.

Answer 30

1) commander

2) five

3) last five years

4) division commander

Question 31

Purging Confidential Informant Files

After it has been decided that a Cl file will be purged or deactivated, the division commander or their designee shall _____ that the Cl should be deactivated in the Central Registration File within the Primary Departmental Confidential Informant Database. The deactivated file will continue to be maintained for historical reference in the CID Primary Departmental Confidential Informant Database.

Answer 31

notify the commander of CID in writing or via email

Question 32

CONFIDENTIAL INFORMANT AND COVERT INVESTIGATION FUNDS

Cl and covert investigation funds shall be used only to _____. The payment schedule and other allowable purchase types shall be based on the offense and/or evidence or money that is seized.

No Cl payments related to cash seizures shall be made until the _____, has completed the currency seizure paperwork and the District Attorney or Federal Attorney responsible for filing the seizure with the court has accepted it for processing.

Answer 32

1) purchase evidence, services, or information necessary for a specific operation

2) Narcotics Division, Asset Forfeiture Unit

Question 33

CONFIDENTIAL INFORMANT AND COVERT INVESTIGATION FUNDS

Only ___ is be authorized to make special purchases of covert services not directly linked to Cl investigations and respective covert investigations. Such expenditures shall be limited to services required in furtherance of continued investigations and shall be specifically outlined in the division’s SOP.

Answer 33

CID

Question 34

CONFIDENTIAL INFORMANT AND COVERT INVESTIGATION FUNDS

The commander of each division authorized to use these funds shall develop a _____ reflecting the amount of payment allowed for the type of information provided by a Cl and any type of allowable covert services or items directly associated with the Cl and/or covert investigations. This schedule shall be attached to the divisional SOP regulating Cl use, and a copy forwarded to the commander of the Narcotics Division.

The commander of the Narcotics Division shall coordinate and ensure Cl payment schedules are consistent across divisional schedules. The department Cl payment schedule shall be reviewed annually, in _____, by the Narcotics Division and approved by the Assistant Chief of the Special Investigations Command. A complete department Cl payment schedule shall be maintained by the Narcotics Division, Asset Forfeiture Unit.

Answer 34

1) Cl payment schedule

2) June

Question 35

CONFIDENTIAL INFORMANT AND COVERT INVESTIGATION FUNDS

A _____ shall complete a City of Houston receipt corresponding with any transaction involving Cl funds removed from or deposited into the division’s safe unless the division’s safe is managed by an electronic database. Where an electronic database exists, the database will serve as the transaction record. Divisions using a group draw system are not required to document the group draws on a City of Houston receipt. However, ledger or database entries are required.

Answer 35

lieutenant

Question 36

Levels of Authorization

The following list indicates, by rank, the amount of Cl funds a supervisor may authorize:

a. Sergeant: Up to and including $____

b. Lieutenant: Up to and including $____

c. Division commander: Up to and including $____

d. Assistant Chief: More than $____

Individual commands or divisions may further limit these levels of authorizations.

Answer 36

1) 500

2) 2,500

3) 7,500

4) 7,500

Question 37

Monthly Cl Fund Expense Report

At the beginning of each month, commanders of divisions authorized to use Cl funds (except Internal Affairs Division) shall submit to the _____, via their chain of command through the _____ level, correspondence that includes a monthly Cl fund expense report depicting the following information from the previous month in order to reconcile any expended Cl funds:

a. Beginning balance on the first day of the month
+ Monthly draw
Total funds available

b. Officers’ draw
- Officers’ return
Amount Spent

c. Total funds available
-Amount spent
Ending balance on the last day of the month

d. Amount spent fiscal year to date

Answer 37

1) Office of Budget and Finance

2) executive assistant chief

Question 38

Monthly Investigators’ Expense Affidavit

At the end of each month, investigators issued Cl funds shall submit to their _____ a signed expense affidavit listing that month’s withdrawals, expenditures, and returns of Cl funds.

The investigator shall submit information depicting every transaction involving the _____. All purchases shall be categorized on an expense affidavit as a purchase of evidence (PE), purchase of service (PS), or purchase of information (Pl).

The investigators’ expense affidavits shall be included with the monthly Cl fund expense report outlined in the above subsection. ____ is exempt from forwarding investigators’ expense affidavits to their assistant chief.

Answer 38

1) division commanders

2) expenditure of Cl funds

3) IAD

Question 39

FORMS

All forms referenced in this General Order are standardized and developed by ____; however, forms that are specific to narcotics operations are developed by Narcotics Division. Employees utilizing a Cl should refer to _____ for the appropriate and most recent version of the forms.

Answer 39

1) CID

2) CID or Narcotics