Boca Raton Police Services Department PDF

BOCA RATON POLICE SERVICES DEPARTMENT Departmental Standards Directive 43.100 VICE, INTELLIGENCE, AND NARCOTICS UNIT (VIN) Revised: December 1, 2011 I. PURPOSE: The purpose of this directive is to specify the intelligence activities conducted by the Boca Raton Police Services Department Vice, Int...

BOCA RATON POLICE SERVICES DEPARTMENT Departmental Standards Directive 43.100 VICE, INTELLIGENCE, AND NARCOTICS UNIT (VIN) Revised: December 1, 2011 I. PURPOSE: The purpose of this directive is to specify the intelligence activities conducted by the Boca Raton Police Services Department Vice, Intelligence, and Narcotics (VIN) Unit, which is responsible for vice, drug, and organized crime investigations, suppressing organized crime and vice related activities. II. POLICY: Although every officer is responsible to suppress and support enforcement of organized crime and vice activities, the Department will maintain a unit dedicated to the suppression of organized crime and vice related activities. Intelligence activities in the Department involve collecting, processing and disseminating information related to specific crimes and criminal activities including organized crime, vice, illegal drug trafficking, terrorism, gangs and civil disorders. The safeguarding of criminal intelligence information and the secure storage of criminal intelligence records is an important concern of the Department. 19.02 To prevent the spread of vice conditions, the Department will take aggressive enforcement action against all vice activities. III. DEFINITIONS: Confidential Informant/Source: Per Florida Statute 914.28, a person who cooperates with a law enforcement agency confidentially in order to protect the person or the agency's intelligence gathering or investigative efforts and: A. Seeks to avoid arrest or prosecution for a crime, or mitigate punishment for a crime in which a sentence will be or has been imposed; and B. to: Is able, by reason of his or her familiarity or close association with suspected criminals, 1. Make a controlled buy or controlled sale of contraband, controlled substances, or other items that are material to a criminal investigation; 2. Supply regular or constant information about suspected or actual criminal activities to a law enforcement agency; or Effective: July 1, 1988 Revised: December 1, 2011 Vice, Intelligence, and Narcotics Unit (VIN) Directive No. 43.100 Page 1 of 15 3. Otherwise provide information important to ongoing criminal intelligence gathering or criminal investigative efforts. Controlled Buy: The purchase (or attempted purchase) of contraband, controlled substances, or other items material to a criminal investigation from a target offender which is initiated, managed, overseen, or participated in by law enforcement personnel with the knowledge of the confidential informant. Controlled Sale: The sale (or attempted sale) of contraband, controlled substances, or other items material to a criminal investigation to a target offender which is initiated, managed, overseen, or participated in by law enforcement personnel with the knowledge of the confidential informant. Flash Roll: A substantial sum of money shown to an individual or group to validate the undercover officer or informant’s ability to purchase goods or drugs. Criminal Intelligence Information: means information with respect to an identifiable person or group of persons collected by a criminal justice agency in an effort to anticipate, prevent, or monitor possible criminal activity. Investigative or Confidential Funds: Monetary resources provided to the VIN Unit and frequently used for planned and spontaneous operations. Detective: Any sworn law enforcement officer responsible for the disposition of criminal, civil or other suspicious incidents. Lead: Information received by a detective on person(s) suspected of criminal activity. Organized crime groups: A group of persons who have developed an organization for criminal activity that provides continuous financial profit. State or Local Law Enforcement Agency: As used in this directive, a state or local law enforcement agency is an agency having a primary mission of preventing and detecting crime and the enforcement of the penal, criminal, traffic or highway laws of the state and that in furtherance of that primary mission employs law enforcement officers as defined at Section 943.10, Florida Statutes. Surveillance: Systematic observations of persons, places or things that enable detectives to identify locations of persons, obtain criminal intelligence information and verify informant information. Target Offender: The person whom law enforcement personnel suspects will be implicated by the activities of a confidential informant. Third Agency Rule: A policy that dictates that when a third agency requests information, some of which is contained in criminal intelligence reports from other law enforcement agencies, only that information from Department sources and from non-law enforcement sources can be released. Undercover Operation: A specifically planned activity in which a detective or his/her agent assumes a false, fictitious or deceptive role. Vice: Any activity related to narcotics, prostitution, gambling, or any other violation of the community’s morals. Effective: July 1, 1988 Revised: December 1, 2011 Vice, Intelligence, and Narcotics Unit (VIN) Directive No. 43.100 Page 2 of 15 IV. PROCEDURE: A. VIN ORGANIZATION AND ADMINISTRATION: 1. CRIME AND VICE FUNCTION: a. Responsibilities of the VIN Unit that relate to criminal conduct and activities that present a threat to the community, include the following: i. Monitoring the activities of organized crime figures. ii. Monitoring vice, intelligence and narcotics activities. iii. Developing and maintaining current criminal intelligence files on persons and organizations potentially in violation of the Florida State statutes within our jurisdiction. 2. CRIMINAL INTELLIGENCE INFORMATION FUNCTION: a. The VIN Unit will be responsible for detecting, gathering, and disseminating criminal intelligence information on vice, intelligence and narcotics. b. To ensure accountability. c. To provide for unity of command. d. To establish a secure area outside Records for the storage and maintenance of criminal intelligence records and to prevent compromise and protect the integrity of the system. 19.02 e. To establish specific directives concerning the guarding of criminal intelligence information. 3. STAFF RESPONSIBILITIES: a. The Investigative Services Bureau (ISB) Commander will be responsible for the activities of the VIN Unit. b. The VIN Unit Supervisor will assign cases related to vice, intelligence and narcotics to the detectives. c. The VIN Unit Supervisor will be responsible for coordinating investigations regarding vice, intelligence and narcotics. d. The VIN Unit Supervisor shall ensure that all detectives are familiar with, and abide by, this directive. Effective: July 1, 1988 Revised: December 1, 2011 Vice, Intelligence, and Narcotics Unit (VIN) Directive No. 43.100 Page 3 of 15 e. VIN detectives will have access to technical equipment and shall be authorized to have access to investigative funds to be used as per Department policies and procedures. f. The detectives will look into cases involving vice and narcotics related crimes and gather criminal intelligence. g. Detectives assigned to an intelligence sub-unit will perform the following duties: i. Develop intelligence on organized crime families, Mafia figures, and terrorist organizations. ii. Develop a rapport with other detectives working in a similar capacity. iii. Attend intelligence meetings. iv. Receive appropriate training in the crime intelligence field. h. The VIN detectives will be responsible to the VIN Unit Supervisor, who will be responsible to the ISB Commander. i. In cases of exigent circumstances, on issues relating to high liability and high-risk incidents, the supervisor of the VIN Unit will immediately or as soon as is practical notify the Chief of Police via the chain of command either by telephone or in person. j. On a daily basis the VIN Unit Supervisor will update the Bureau Commander regarding all significant activity. The updates can be verbal rather than written and will be communicated to the Chief of Police via the chain of command. 4. TRAINING: a. The Department shall, based upon available training funds, provide members of the VIN Unit with special training to improve their knowledge and effectiveness when dealing with narcotics, gambling, and prostitution. b. VIN detectives shall be trained in undercover techniques, surveillance methods and control officer responsibilities. c. Detectives shall maintain and be well-versed in the use and appropriate application of surveillance equipment. 5. QUARTERLY REPORTS: a. The VIN Unit Supervisor will submit a quarterly report on organized crime and vice activities to the Chief of Police via the chain of command. The activity Effective: July 1, 1988 Revised: December 1, 2011 Vice, Intelligence, and Narcotics Unit (VIN) Directive No. 43.100 Page 4 of 15 report shall contain, at a minimum, the number of investigations initiated, the number of investigations verified, the number of arrests, amount of contraband seized, and the amount of property seized. b. The VIN Unit Supervisor will submit a quarterly forfeiture report to the Chief of Police via the chain of command. The activity report will include state and federal cases that were opened and closed during the quarter. B. INTELLIGENCE: 1. INTELLIGENCE INFORMATION: a. The VIN Unit shall develop, document, analyze, store and disseminate intelligence information related to organized crime, narcotics and vice. 19.01 b. All data received shall be evaluated by VIN personnel, investigated, and stored in the secured VIN Record Storage Room. 19.02 c. Intelligence should be available to authorized personnel without exposure to unauthorized persons. 19.02 d. Intelligence files shall be stored and maintained separately from other Department files, and filed in an orderly fashion with limited access. 19.02 i. The VIN intelligence information will be filed in the VIN Record Storage Room with access limited to VIN personnel. ii. All files shall remain active until the VIN Unit Supervisor approves the case as closed. iii. VIN personnel shall index pertinent information in the VIN Unit Automated Computer System for rapid inquiry requests. e. Intelligence information collected shall include, but not be limited to, organized criminal activities, contraband smuggling activities, subversive activities, vice activities and civil disorders. Any employee receiving intelligence information shall document it on either the Officer’s Investigative Report (OIR) or a Supplemental Report and forward it to the VIN Unit. 19.01 f. The crime analysts shall be responsible for receiving raw data, expanding on the data and checking further resources. 19.01 2. PRESERVING THE LEGALITY AND INTEGRITY OF THE INTELLIGENCE EFFORT: a. Members of the VIN Unit will be responsible for the following areas that ensure the legality and integrity of the intelligence effort: 19.01 Effective: July 1, 1988 Revised: December 1, 2011 Vice, Intelligence, and Narcotics Unit (VIN) Directive No. 43.100 Page 5 of 15 b. Ensure that confidential informants are secure in their anonymity. (Methods for securing anonymity are addressed in Section C: Confidential Informants in this directive.) c. Ensure that information collected relates to criminal conduct and activities that present a threat to the community. Detectives are instructed in these areas and the VIN Unit Supervisor is required to review activities to assure that this objective is carried out. 19.01 d. Ensure that procedures are followed related to the use of intelligence personnel, equipment, and techniques. The Unit Supervisor will be guided by directives and standard operating procedures related to the vice, intelligence and narcotics function in this endeavor. 19.01 e. Ensure that the proper types and quality of information are included in the system. 19.01 f. Computers related to the storing of VIN information will not leave the premises unless accompanied by authorized personnel. This includes computer repairs. g. The hard drives of computers that are no longer in use by the unit will be remove and/or disposed of in a manner that will prevent information from being recovered. 3. PURGING INFORMATION: 19.01 a. Purging is the responsibility of the VIN Unit Supervisor who shall ensure that methods exist for purging the records of out-of-date or incorrect information. b. In most cases, records will be purged eight years after they are deemed inactive. c. If a file has sporadic activity over the last eight (8) years before its pending purge date, it will be kept active and reviewed for removal annually. d. The VIN's automated computer system crime intelligence software assigns each intelligence file a pending purge date. e. If any of the potential purged information falls within Florida’s public records laws (FSS Chapter 119), the purging of such information must follow the requirements of these laws. f. If a computer is used for intelligence purposes, only authorized persons are permitted to access, modify, remove, or destroy any stored information. Effective: July 1, 1988 Revised: December 1, 2011 Vice, Intelligence, and Narcotics Unit (VIN) Directive No. 43.100 Page 6 of 15 4. INTELLIGENCE GATHERING FUNCTIONS: a. Intelligence gathering is a duty of all investigative personnel, but the VIN Unit detectives by the nature of their assignment are most likely to perform this task. b. One VIN detective or the VIN Unit Supervisor will be responsible for maintaining dossiers on organized crime figures and intelligence gathering through the following intelligence gathering functions: i. Marine Smuggling Function: a) Detectives assigned to the marine smuggling function will focus on investigating smuggling organizations using waterways and will perform the following duties: 1) Develop a rapport with other detectives investigating similar offenses in other jurisdictions. 2) Attend intelligence meetings dealing with these types of organizations. 3) Receive appropriate training in the marine smuggling field. 4) Work closely with the Department’s marine enforcement officers. ii. Aircraft Smuggling Function: a) Detectives assigned to the aircraft smuggling function will focus on investigating aerial smuggling organizations and will perform the following duties: 1) Develop a rapport with other detectives investigating similar offenses in other jurisdictions. 2) Attend intelligence meetings dealing with these types of organizations. 3) Receive appropriate training in the aircraft smuggling field. iii. Street-Level Narcotics Function: a) Detectives assigned to the street-level narcotics function will focus their investigations on street-level narcotics activity and prescription fraud activity, and will perform the following duties: Effective: July 1, 1988 Revised: December 1, 2011 Vice, Intelligence, and Narcotics Unit (VIN) Directive No. 43.100 Page 7 of 15 1) Develop street-level intelligence information. 2) Coordinate the Department's efforts through the Field Services Division. 3) field. Receive appropriate training in the narcotics iv. Electronic Florida Online Reporting of Controlled Substances Evaluation Program (E-FORCSE) a) E-FORCSE is Florida’s prescription drug monitoring program. This database will be an effective tool when used during an active investigation to provide information to law enforcement to secure an arrest or prosecution in a criminal proceeding. b) A sergeant or detective will act as the agency E-FORCSE administrator, who will verify and credential potential law enforcement officers’ registration forms to request confidential health information maintained in the database. c) Dispensing records created by pharmacists shall not be used by law enforcement. Law enforcement personnel shall go to the Department’s E-FORCSE administrator to get dispensing records. 5. COLLECTING INTELLIGENCE INFORMATION: a. Intelligence information collected by personnel shall be limited to criminal conduct and relate to activities that present a threat to the community. b. Members of the Department should consider the collection of intelligence information a continual process. c. Any information may have significant relevance to other operational units involving investigations not commonly known throughout the Department. 6. OFFICER’S INVESTIGATIVE REPORT: a. When officers have confidential or intelligence information to report, they will record the information on an Officer’s Investigative Report (green sheet). 7. INVESTIGATION WITH OTHER AGENCIES: a. Detectives of the VIN Unit will promptly communicate with the agency best suited to investigate criminal activity that is not occurring within, or that has been displaced from, the City of Boca Raton. Effective: July 1, 1988 Revised: December 1, 2011 Vice, Intelligence, and Narcotics Unit (VIN) Directive No. 43.100 Page 8 of 15 b. All efforts will be made to coordinate and exchange information that will enhance the investigation and assist in prosecution, including the exchange of personnel, if such is deemed necessary. 8. DISSEMINATION AND DISTRIBUTION OF INTELLIGENCE: 19.02 a. The Department is dedicated to the enforcement of vice and narcotics laws, as well as to the gathering of criminal intelligence information and the controlled distribution of bulletins concerning criminals and/or criminal activities. Ultimate accountability for intelligence related to organized crime, narcotics and vice shall be designated to the VIN Unit Supervisor. b. All intelligence related to organized crime, narcotics and vice must be documented and disseminated to the proper units or agencies through the VIN Unit Supervisor on a need to know basis only. c. The VIN crime analyst will be responsible for the analysis of intelligence gathered. d. The VIN Unit Supervisor will be responsible for deciding which information is disseminated and where it is to be disseminated. e. Intelligence gathered by any other units will be forwarded to the VIN Unit or the Crime Analysis Unit, depending on its nature, for analysis and ultimate dissemination. f. All intelligence information collected by personnel shall be limited to criminal conduct and relate to activities that present a threat to the community. g. No information shall be distributed unless approved by the VIN Unit Supervisor, but approval may not violate the Third Party Rule. h. Intelligence information should be documented on applicable report forms. i. The transmittal of intelligence information must be accomplished in an expeditious manner to enhance its impact and its value. j. The Department component using any intelligence information should, whenever possible, inform the contributing source within the Department of the usefulness of the intelligence information to insure the continued flow of intelligence information, particularly from the patrol component, within the Department. k. The assessment to the contributing source can be accomplished by forwarding copies of the follow-up reports to the source, without compromising the case. Effective: July 1, 1988 Revised: December 1, 2011 Vice, Intelligence, and Narcotics Unit (VIN) Directive No. 43.100 Page 9 of 15 9. INTER-AGENCY COMMUNICATION: 19.02 a. Requests for intelligence from outside agencies shall be referred to the detective most closely aligned to the case. b. When outside government agencies request information from the Department, a case number or "M" number may be assigned. i. The requesting agency, the date, the time and the detective's name will be documented. ii. A short synopsis will be included in the narrative. c. The Third Agency Rule will be adhered to in the conveyance of information. The third agency should be referred to the originating agency, which may also have information relating to the subject requested. 10. RECORD STORAGE AND MAINTENANCE: a. Access to the VIN Unit Office shall be limited and restricted by key or electronic access entry. b. All physical records and files of the VIN Unit shall be stored and maintained in an orderly fashion within the VIN Unit Office. 19.02 c. Access to the criminal intelligence computer files shall be strictly controlled. 19.02 i. The terminals shall be located within the locked VIN office. ii. Computers will not leave the VIN Unit Office unless accompanied by authorized personnel. iii. Unauthorized attempts to access, modify, remove, or destroy stored information shall be prohibited by coded computer terminal access. d. 19.02 Intelligence files shall be stored and analyzed in a secure environment. e. Members of the VIN Unit who need access to files for obtaining or exchanging information involving criminal intelligence investigations may use their assigned keys or access cards. f. The VIN Unit Supervisor will be responsible for issuing keys/access cards to personnel. g. No records or intelligence information shall leave the restricted area of the VIN Unit Office without being authorized by the VIN Unit Supervisor, who is Effective: July 1, 1988 Revised: December 1, 2011 Vice, Intelligence, and Narcotics Unit (VIN) Directive No. 43.100 Page 10 of 15 the custodian of the records. This includes computer records. Records must be returned within 72 hours, unless an extension is granted. h. Violations of this directive shall be immediately brought to the attention of the ISB Commander. 11. LIAISON OFFICER: a. The VIN Unit Supervisor will act as a liaison officer to federal, state and local agencies for the exchange of intelligence information. i. The agencies shall include but are not limited to the Drug Enforcement Administration, I.C.E., Blue Lightning Task Force, State Attorney's Office, and Multi-Agency Narcotics Task Force. ii. The VIN Unit Supervisor will appoint an alternate liaison officer when necessary, e.g., due to illness. b. The VIN Unit will maintain active status membership in regional intelligence groups to further the exchange of intelligence information. 12. SPECIALIZED EQUIPMENT: 19.01 a. The Department maintains or has access to specialized equipment to support the intelligence function. b. A VIN detective shall be responsible for control, distribution, and maintenance of the technical equipment used in surveillance and undercover operations. c. The VIN Unit’s technical equipment detective shall maintain the technical equipment logs. d. All specialized equipment maintained by the Department will be stored at the VIN Unit along with the Sign-In and Sign Out Log. a) Anyone using the specialized equipment must fill in the Sign In and Sign Out Log. b) Access to the specialized equipment storage area is limited to authorized personnel only. e. No equipment shall be loaned to any other component without the permission of a supervisor and only in accordance with this policy. f. When a detective requires specialized equipment that is not available, the technical equipment detective will be notified and he/she will attempt to obtain the needed equipment from another source. Effective: July 1, 1988 Revised: December 1, 2011 Vice, Intelligence, and Narcotics Unit (VIN) Directive No. 43.100 Page 11 of 15 g. When a detective realizes that a piece of equipment is not working properly, he/she shall notify the technical equipment detective and supervisor as soon as possible. h. The technical equipment detective shall conduct a documented inspection of all technical equipment on a monthly basis to assure that it is operational, and shall be responsible for preventive maintenance. i. VIN detectives shall be issued equipment consistent with their unique assignment. C. INVESTIGATIONS: 1. VICE ENFORCEMENT: a. Where vice conditions are allowed to continue, citizens are exploited by organized crime, the quality of life for the community is diminished and the money obtained is often used to finance other criminal ventures, interfere with legitimate businesses, or attempt to corrupt public officials. b. The law provides that criminal sanctions should be imposed against certain behavior that has been traditionally labeled as vice. 2. NARCOTICS INVESTIGATIONS: a. With respect to narcotics enforcement, the objective of the Department is to enforce all local, state and federal statutes that prohibit the possession, use, or trafficking in narcotics, dangerous drugs, and other restricted or prohibited substances. b. Through a combination of aggressive enforcement and public education, police seek to prevent and deter the use and possession of, and trafficking in, all such substances. c. If the Department receives information or a request for assistance from another agency concerning the illegal importation of narcotics by land, sea, or air, a member of the VIN Unit will be notified before taking any action, if possible. d. If the Department is involved in any large-scale arrest involving narcotics or an amount of drugs that would indicate a sale operation, a member of the VIN Unit will be notified. e. If a controlled substance is found, but it has no evidentiary value, officers will remember that it is contraband and that a court order is necessary to destroy it. f. Contraband items will be secured in a designated area until disposed of; no contraband will be stored at the VIN Unit office. Effective: July 1, 1988 Revised: December 1, 2011 Vice, Intelligence, and Narcotics Unit (VIN) Directive No. 43.100 Page 12 of 15 3. CRIME AND VICE COMPLAINTS: a. A complaint can be initiated by numerous methods, including citizen complaints, an Officer’s Investigative Report (green sheet), confidential informants and other agency interaction. i. In case of a walk-in complaint, a detective will, whenever possible, be summoned to interview the complainant. ii. When a telephone complaint is received, the urgency of the complaint will be determined and a detective will be summoned, whenever possible. b. The following information is required to investigate a complaint and must be included on the complaint form: i. The source of the information, i.e. complainant. ii. What information has been given and what type of violation is occurring. iii. When the activity occurred. iv. Where the activity took place. v. If the detective may contact the complainant/source for additional information. 4. CASE LOG: a. The VIN Unit will maintain a record of all vice, intelligence and narcotics complaints that are received. b. When a complaint is received, the complaint or case will be recorded and entered in the VIN Unit complaint filing system and assigned a unique number. 5. ASSIGNMENT: a. The VIN Unit Supervisor will assign a detective to the case. b. The detective will assess the case and proceed to examine the complaint in an expeditious manner. c. Supervisors assign cases by workload, expertise of detectives, and other assignments. Effective: July 1, 1988 Revised: December 1, 2011 Vice, Intelligence, and Narcotics Unit (VIN) Directive No. 43.100 Page 13 of 15 6. INVESTIGATIVE TECHNIQUES: 19.01 a. The detective may use numerous skills and techniques to enhance and carry an investigation forward to a successful conclusion, including, but not limited to the following: i. Criminal history. ii. Local record checks. iii. Drivers license checks. iv. Business licenses checks/ debt checks. v. Telephone techniques in an escalating and progressive manner to include the following: vi. a) Pen Registers. b) Toll Analysis. c) Trap and Trace. d) Wire Intercept. Surveillance of targets and suspects. vii. Photography of targets and components associated with the case, including the following: viii. a) Cars b) Persons c) Residences d) Vessels e) Aircraft f) Other assets that have been identified. The use of confidential informants. b. The case detective and the VIN Unit Supervisor will review each case at least monthly to establish the current or future status of each investigation and insure that proper action is taken on each complaint. c. The VIN Unit Supervisor will counsel and assist the detective as the particular case may warrant. Effective: July 1, 1988 Revised: December 1, 2011 Vice, Intelligence, and Narcotics Unit (VIN) Directive No. 43.100 Page 14 of 15 7. FILING SYSTEM: a. Cases will be filed numerically, by year, in a case filing system maintained in the VIN Unit. b. Records and reports related to active vice, intelligence and narcotics investigations are securely filed and maintained separately from the central records system. 15.02 c. Case records may be purged 24 months after becoming inactive or according to Records Retention Schedule GS-2 of the Florida Public Records Law unless those records are of administrative value. 8. INVESTIGATION EVALUATIONS: a. All vice, narcotics and intelligence investigations will be evaluated promptly to establish validity and impact on the community. b. Evaluations will include possible information techniques, Department resources, and operational problems in the investigation. c. Other criteria that may be used to determine which cases are investigated include, but are not limited to, the following: i. Source of the information. ii. Amount of contraband involved. iii. Type of crime involved. iv. Importance and/or significance of the problem to the community. v. V. Individuals involved in the criminal activity. REFERENCES: A. Departmental Standards Directive 15.100 Crime Analysis Unit B. Departmental Standards Directive 17.100 Fiscal Management Approved: Daniel C. Alexander Chief of Police Effective: July 1, 1988 Revised: December 1, 2011 Date: Vice, Intelligence, and Narcotics Unit (VIN) Directive No. 43.100 Page 15 of 15