600-16 CONFIDENTIAL INFORMANTS AND OTHER SOURCES OF INFORMATION Flashcards
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.
1) division’s assistant chief
2) juvenile’s parent or guardian
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.
Defendant Cl, Restricted Use Cl,
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_____
1) the Cl is implicated.
2) case in which the Cl is implicated.
3) investigator authorized to handle the Defendant Cl.
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.
1) prosecutor’s office
2) written permission from the court
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.
1) receive payment from the department
2) division commander
3) squad lieutenant
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.
1) a higher level of authorization.
2) division commander of the authorized division
3) compromise the credibility of the Cl process
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 _____.
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.
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 _____
1) written approval from the Chief of Police
2) Restricted Use Cls.
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 _____
1) state agency supervising the probationer
2) given written permission
3) Probation Department supervisor.
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.
1) state agency supervising the parolee
2) parole board
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.
1) Defendant Cl
2) the totality of the situation and policies outlined in this General Order
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.
referring Cls to Crime Stoppers
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:
- Participate in _____.
- Participate in an act that _____
- 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.
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
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.
1) two officers or an officer and a supervisor
2) meetings, conversations, and interactions
3) Confidential Informant Activity Documentation
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.
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.
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.
1) subordinates’ adherence to department policies regarding Cls.
2) verified by the department’s Identity Verification Unit
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 _____.
1) both team lieutenants
2) whether a file for the Cl already exists
3) availability of the Cl before utilizing the Cl
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.
1) both division commanders
2) 50
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.
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.
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 _____
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.
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.
1) divisional Cl custodian
2) Restricted Use Cl
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.
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
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.
Narcotics
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.
1) monthly
2) divisional Cl file custodian
3) Division commanders and lieutenants
