600-25 Social Media Use for Investigations Flashcards
Criminal Nexus.
A connection established when behavior or circumstances link an individual or organization to involvement or planned involvement in criminal activity or a criminal enterprise.
Reasonable Suspicion.
When sufficient facts are established and articulated to give trained law enforcement officials or employees a basis to believe there exists a reasonable possibility an individual or organization is involved in, has recently been involved in, or is planning a definable criminal activity or criminal enterprise.
COLLECTION OF INTELLIGENCE
Any collection, use, retention, and/or dissemination of intelligence on specific persons, groups, or organizations must be based on a valid law enforcement purpose and must comply with federal rules. With any intelligence, employees shall adhere to the law and department policy and shall protect the _____of individuals and entities such as businesses and organizations as afforded by law.
Additionally, during collection, use, retention, and/or dissemination of criminal intelligence information, which must meet the collection criteria identified in Code of Federal Regulations 28 Part 23 (28 CFR Part 23), the employee must have ______ that the intelligence indicates the person, group, or organization has a criminal nexus.
1) privacy, civil rights, and civil liberties
2) reasonable suspicion
COLLECTION OF INTELLIGENCE
If an employee obtains criminal intelligence information as it relates to individuals, groups, or organizations involved in criminal activity with a potential for violent public disorder, a threat to the community, organized crime, or terrorism, the employee shall report the information to the department’s_____ according to the guidelines outlined in General Order 800-04, Reception and Dissemination of Criminal Intelligence Information.
Employees shall protect criminal intelligence information from unauthorized access or
destruction
Criminal Intelligence Division
RESTRICTIONS
Given the ease with which information can be gathered from public Internet searches, tracking services, and other computer analytic technology, the use of employee’s personal or family identities, Internet accounts, social media, or Internet service for official business is strictly prohibited. The only permitted exception is authorized use of the _____.
The use of personal accounts or personal electronic devices to view content related to a criminal investigation may inadvertently connect personal accounts or contacts to those of suspects, victims, or witnesses, or otherwise compromise sensitive investigations. Employees are therefore discouraged from _____ when performing an authorized law enforcement mission.
1) HPD email system
2) using personal equipment to access information via social media
RESTRICTIONS
Additional restrictions include, but are not limited to, the following. Employees shall not use social media to:
a. Violate the privacy, civil rights, or civil liberties of any _____.
b Seek, confirm, collect, use, maintain, or disseminate information about an individual’s race, gender, color, religion, national origin, disability, sexual orientation, genetic information, or pregnancy status unless such information is needed to_____
c. Seek or retain information about an individual’s age other than to _____
d. Use another individual’s identity and _____.
e. Harass or interfere with any lawful political activity or _____.
f. Seek, confirm, collect, use, maintain, or disseminate intelligence information about the political, religious, or social views, associations, or activities of any individual, group, or
organization unless such information directly relates to criminal conduct or activity and _____
g. Post photographs, graphics, or other intellectual property that infringes on _____.
Employees shall adhere to relevant regulations and department policy.
1) person, organization, or entity
2) identify an individual who the employee has reasonable suspicion to believe is or may be involved in criminal conduct or activity.
3) determine if someone is a minor.
4) purport themselves to be that individual
5) other lawful event or participation
6) there is reasonable suspicion that the subject of the information is or may be involved in criminal conduct or activity.
7) copyright law
AUTHORIZATION TO UTILIZE AN ONLINE ALIAS
Employees must obtain their supervisor’s authorization prior to developing and/or initially utilizing an online alias. Authorization for and development and/or use of an online alias must be based on a _____. Authorization must be obtained for each online alias. Supervisors may authorize employees under their command to utilize an online alias to conduct online investigative activity and/or online undercover activity as outlined in this General Order for _____ at a time.
1) valid law enforcement purpose
2) 90 calendar days
AUTHORIZATION TO UTILIZE AN ONLINE ALIAS
Employees may utilize online aliases on social media platforms only for valid law enforcement purposes and only to seek, confirm, collect, use, maintain, or disseminate information that meets one or more of the following criteria. The information:
a. Is based on a _____ or _____.
b. Is relevant to criminal conduct or criminal activity and is based on _____ that an identifiable individual, group, or organization, regardless of citizenship or U.S. residency status, has committed a criminal offense or is involved in or planning criminal conduct activity that presents a threat to any individual, group, organization, community, region, location, or structure or to national security.
c. Is relevant to the _____ of suspected criminal incidents; the resulting justice system response; the enforcement of sanctions, orders, or sentences; or the prevention of crime.
d. Is useful in crime _____ for the administration of criminal justice and public safety.
e. Is pursuant to a_____
All concerned command offices shall ensure that yearly audits are conducted on all online alias accounts under their respective commands.
a. Is based on a criminal predicate or threat to public safety.
b. Is relevant to criminal conduct or criminal activity and is based on reasonable suspicion that an identifiable individual, group, or organization, regardless of citizenship or U.S. residency status, has committed a criminal offense or is involved in or planning criminal conduct activity that presents a threat to any individual, group, organization, community, region, location, or structure or to national security.
c. Is relevant to the investigation and prosecution of suspected criminal incidents; the resulting justice system response; the enforcement of sanctions, orders, or sentences; or the prevention of crime.
d. Is useful in crime analysis and/or informational reports for the administration of criminal justice and public safety.
e. Is pursuant to a valid court order.
UTILIZING AN ONLINE ALIAS FOR INVESTIGATIVE ACTIVITY
Employees may utilize an authorized online alias to conduct online investigative activity if the information in the investigation meets one or more of the criteria outlined in section 3 of this General Order. At times, social media investigations may provide the only technique available to identify principals and/or co-conspirators involved in criminal activity. Social media investigations may be conducted regarding _____, with proper authorization from the concerned division.
any type of crime
UTILIZING AN ONLINE ALIAS FOR UNDERCOVER ACTIVITY
Online undercover activity occurs when an employee, for the purpose of investigating possible criminal activity, utilizes an online alias to engage in interactive communication with a person, group, or organization that may or may not be in the public domain. Employees may utilize an authorized on line alias to conduct on line undercover activity if the information in the investigation meets one or more of the criteria outlined in section 3 of this General Order. Online undercover activity may be utilized by only _____
investigative divisions or by employees at the direction of an investigative division.
UTILIZING AN ONLINE ALIAS FOR UNDERCOVER ACTIVITY
If the criminal activity being investigated involves an investigative division to which the employee is not assigned, the supervisor, or the employee at the direction of the supervisor, shall contact the_____ to obtain authorization to conduct the online undercover activity.
In situations involving exigent circumstances, the supervisor may _____ for online undercover activity and contact the concerned investigative division as soon as practicable. Any supervisor granting such authorization shall document the request, the exigent circumstances, and the _____ as soon as practical.
1) concerned investigative division
2) provide verbal authorization
3) circumstances of the verbal authorization
UTILIZING AN ONLINE ALIAS FOR UNDERCOVER ACTIVITY
Any employee who is authorized to engage in online undercover activity shall utilize the
appropriate_____ as outlined in departmental General Orders and divisional standard operating procedures (SOPs) as well as coordinate with the concerned division, if practicable.
de-confliction system
EMPLOYEES’ RESPONSIBILITIES WHEN UTLIZING AN ONLINE ALIAS
Employees assigned to investigative divisions shall follow the policies set forth in their division. All employees shall utilize _____ in their use of online aliases and shall abide by applicable portions of General Order 200-41 , Department Presence on Social Media and the Internet.
Any employee who becomes aware of potential criminal activity via the Internet while on or off duty shall immediately contact a supervisor if the activity involves _____
If online investigative activity develops into online undercover activity, the employee utilizing the online alias shall immediately notify_____ (i.e., targets of the online investigative activity initiate direct communication or interaction with the employee’s fictitious online persona).
1) sound judgment
2) an imminent threat to any life or a minor child, or exigent circumstances indicate an immediate response is required.
3) his supervisor
EMPLOYEES’ RESPONSIBILITIES WHEN UTLIZING AN ONLINE ALIAS
Employees should consider the following factors when utilizing an online alias:
a. The type of profile needed to _____.
b. How the information used in the online alias will impact the _____.
c. Whether photographs or other media posted on social media are _____.
a. The type of profile needed to appeal to the targeted criminal.
b. How the information used in the on line alias will impact the credibility of the alias.
c. Whether photographs or other media posted on social media are geotagged.
EMPLOYEES’ RESPONSIBILITIES WHEN UTLIZING AN ONLINE ALIAS
Employees developing and/or utilizing an online alias shall follow the below guidelines. Any deviations must be approved by their supervisor.
d. Employees shall obtain approval from their supervisor prior to _____
e. Employees shall use their online alias only for _____
f. Employees shall evaluate information obtained through social media resources for source reliability and content validity. If possible, information developed from social media resources shall be corroborated using _____such as interviews, verification of address, and verification of Internet protocol address.
g. Employees must have a reasonable prospect of success that online activity utilizing their online alias would _____
h. If employees identify information relevant to an ongoing criminal investigation, employees shall notify the _____ as soon as practical.
i. Employees shall ensure that communications obtained during online undercover activities that are material to an investigation are properly documented in the applicable investigative report or _____.
j. Employees shall not post _____ that could compromise employee safety, courtroom credibility, potential citizen contacts, or the ability to seek and obtain a future undercover assignment in the department.
d. Employees shall obtain approval from their supervisor prior to developing and/or initially utilizing an online alias.
e. Employees shall use their online alias only for valid law enforcement purposes.
f. Employees shall evaluate information obtained through social media resources for source reliability and content validity. If possible, information developed from social media resources shall be corroborated using traditional investigative tools such as interviews, verification of address, and verification of Internet protocol address.
g. Employees must have a reasonable prospect of success that online activity utilizing their online alias would enhance public safety and/or effectively contribute to a public good.
h. If employees identify information relevant to an ongoing criminal investigation, employees shall notify the concerned division or investigator as soon as practical.
i. Employees shall ensure that communications obtained during online undercover activities that are material to an investigation are properly documented in the applicable investigative report or shared with the concerned division or investigator.
j. Employees shall not post images or information that could compromise employee safety, courtroom credibility, potential citizen contacts, or the ability to seek and obtain a future undercover assignment in the department.
