Questions and Answers
What do guidelines governing the handling of intelligence aim to establish?
What is the most common standard in state and local law enforcement for intelligence systems?
28 CFR Part 23
Criminal investigatory records are required by law to be publicly available.
False
Law enforcement agencies are not permitted to maintain files on individuals for which activities?
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When is reasonable suspicion established according to 28 C.F.R.§23.20?
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What must a criminal justice agency do before storing information in a criminal intelligence system?
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Who may analyze criminal information within agencies?
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Criminal intelligence information should be disseminated to anyone who requests it.
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What should the audit trail at a minimum include?
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What must Hoboken detectives ascertain when responding to a request for intelligence?
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The requirement for security precautions is outlined in 28 C.F.R.§23.20.
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Study Notes
Intelligence Handling Guidelines
- Establish safeguards for group investigations to ensure tighter management controls and higher review levels.
Criminal Intelligence Standards
- 28 CFR Part 23 is the predominant standard for intelligence systems in state and local law enforcement.
Criminal Investigatory Records
- Not legally required to be created or maintained, hence they are not considered public records.
Monitoring Constitutional Rights
- Law enforcement cannot maintain files on individuals solely monitoring First Amendment activities or other constitutional rights.
Reasonable Suspicion Standard
- Defined under 28 C.F.R. §23.20(c) as a basis for believing an individual or organization might be involved in criminal activity based on sufficient facts.
Storage of Information
- Criminal justice agencies can store information in a criminal intelligence system only if it meets criteria for reliability, sensitivity, timeliness, documentation, and retention.
Personnel for Analysis
- Both sworn officers and civilian personnel may be utilized for analyzing criminal information.
Dissemination of Criminal Intelligence
- Criminal intelligence information can only be shared with law enforcement authorities with a demonstrated need to know, following the Attorney General Guidelines or consistent policies with 28 CFR Part 23.
Audit Trail Requirements
- Audit trails must include request date, requestor's name, information inquired, need for dissemination, information provided, and name/date of the disseminator.
Information Dissemination Protocol
- Hoboken detectives must confirm need to know and obtain consent from the originating agency (Atlantic City Police) before disseminating shared information.
Security Regulations
- 28 C.F.R. §23.20 mandates programmatic and physical precautions to prohibit unauthorized access, including advanced security technology, restricted access protocols, and secure information storage.
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Description
Test your knowledge on key intelligence concepts with these flashcards. The quiz covers essential guidelines and standards in handling intelligence, focusing on legal frameworks and operational policies used in law enforcement.
