Confidential Informants

Question 1

What is the criteria for using an informant?

Answer 1

• The officer must create an informant file
• If there is information the person has been an informant before the officer will check with the department’s CI files manager to verify status
  
  • active, inactive, undesirable

Question 2

As an informant the CI must:

5 responses

Answer 2

• Must be in a position to measurably assist in a present or future investigation
• Will not, to the extent prudent judgment can be made, compromise department interests and activities
• Will accept the direction necessary to effectively utilize his services
• Will be advised in writing prior to being utilized
  
  • criminal law shall not be violated in gathering information
  • Informants have no official status, or act as such (implied or otherwise)
  • Information provided may be used in a criminal proceeding, and the informant may be required to testify
• Will not have been convicted of sexual assault or violent crimes

Question 3

What will an informant be advised in writing prior to being utilized?

Answer 3

• Criminal law shall not be violated in gathering information
• Informants have no official status, or act as such, implied or otherwise, as an agent or employee of the department
• Information provided may be used in a criminal proceeding, and the informant may be required to testify, and although all lawful means will be used to protect the informant’s confidentiality, it cannot be guaranteed

Question 4

What crimes would prohibit a person from being a CI, if convicted?

Answer 4

• Sexual assault or violent crimes
• murder
• robbery (with or without use of a firearm)
• battery with substantial bodily harm
• or any crime where a victim sustained a grievous bodily injury
• any crime where a firearm was used

Any exception to this will require the approval of the bureau/area commander

Question 5

Criteria for using an informant who is on federal probation:

Answer 5

• Through the agency must submit a written report to the US Probation Office
• Submit to the US Probation Office a written progress report every 30 days, it must specify the period of time, up to 90 days, the services are desired
• Must immediately notify the US Probation Office of any violations of the law or of the “Confidential Informant Agreement”

Question 6

Juvenile Informants

Answer 6

Should generally be avoided because of liability factors

Question 7

The following special precautions are to be taken with juvenile informants:

Answer 7

• Section/field lieutenant must approve the use of juvenile informants
• Depending on the involvement, the lieutenant should consider consulting with the DA’s office regarding the juvenile’s use
• Parents will be contacted for approval, in writing if possible
• Should not be placed in dangerous situations

Question 8

Informants who have committed an offense

Answer 8

• Immunity from prosecution must be approved by the judge handling the case, through the prosecuting agency
• Officers having knowledge of crime committed by an informant must notify their immediate supervisor to report the crimes to the section handling those cases