Boca Raton Police Confidential Informants PDF

BOCA RATON POLICE SERVICES DEPARTMENT Departmental Standards Directive 43.105 CONFIDENTIAL INFORMANTS Revised: new I. PURPOSE: The purpose of this directive is to guide the Boca Raton Police Services Department in the use of confidential informants (CI) while conducting investigations, collecting...

BOCA RATON POLICE SERVICES DEPARTMENT Departmental Standards Directive 43.105 CONFIDENTIAL INFORMANTS Revised: new I. PURPOSE: The purpose of this directive is to guide the Boca Raton Police Services Department in the use of confidential informants (CI) while conducting investigations, collecting intelligence information, and other investigative functions. This directive shall also establish policies and procedures regarding the systems in place to catalog and document informant use, and the distribution of CI funds. II. POLICY: It is the policy of the Department to follow all state statutes regarding the use of confidential informants. The Department shall utilize confidential informants in a manner that will ensure the safety of the informant, the validity of the information gathered from informants, and that informants’ information is kept in a secure file system. The Department recognizes the need for using informants for obtaining information valuable to the criminal investigation process and will establish and maintain controls on the payment of informant fees insuring the accountability of the confidential informant while not compromising his/her confidentiality. III. DEFINITIONS: Confidential Informant/Source: Per FSS 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 3. Otherwise provide information important to ongoing criminal intelligence gathering or criminal investigative efforts. Effective: March 14, 2011 Revised: Confidential Informants Directive No. 43.105 Page 1 of 10 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. 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. 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. 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. 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. Target Offender: The person whom law enforcement personnel suspects will be implicated by the activities of a confidential informant. IV. PROCEDURE: A. CONFIDENTIAL INFORMANTS: 1. The first priority in agency operational decisions and actions regarding the use of confidential informants is to preserve the safety of the confidential informant, law enforcement personnel, the target, and the public. 2. TYPE AND BACKGROUND: a. The type of informant as well as the level of information supplied to the detective varies significantly. b. Informants can be classified as confidential or non-confidential depending on the type of information or the sensitivity of the information supplied. Effective: March 14, 2011 Revised: Confidential Informants Directive No. 43.105 Page 2 of 10 i. A determination must be made as to the need for an informant’s anonymity. ii. Often an informant will agree to expose his or her identity without reservations; for prosecution purposes this is sometimes preferable. iii. Informants are frequently concerned citizens or business people supplying non-sensitive but important information. iv. Informants, who include, but are not limited to, the following, shall be cultivated carefully: c. 3. a) Utility Record Keepers. b) Real Estate Agents. c) Doctors. d) Bankers. e) Business people. If a confidential informant is developed, a CI number will be assigned. CONFIDENTIAL INFORMANT REGISTRATION: a. Informants shall be registered with the Department on the Confidential Informant Documentation Form (CIDF). The information contained in the CIDF includes general biographical data, criminal history and driver license data, next of kin data, and an acknowledgment of the terms and conditions of the confidential informant agreement. 15.03 b. The VIN Unit Supervisor shall be responsible for reviewing the CIDF and shall be ultimately responsible to determine said person is an acceptable candidate to serve as a confidential informant. The VIN Unit Supervisor shall be responsible for the approval and specific utilization of the confidential informants to include the use of juveniles. 15.03 c. The information on the form shall be stored in the VIN Unit safe and the Unit Supervisor shall be custodian of the records. 15.03 d. Potential informants must be made aware of the fact that the agency cannot promise inducements such as grants of immunity, dropped or reduced charges, reduced sentences or being placed on probation for serving as a confidential informant. The value of services provided can be determined only by the appropriate legal authority. Effective: March 14, 2011 Revised: Confidential Informants Directive No. 43.105 Page 3 of 10 e. The potential informant, upon their request, shall be provided the opportunity to consult with legal counsel before agreeing to serve as a CI. f. Personnel involved in the recruitment and maintenance of confidential informants receive training in the agency’s policy and procedures and such training shall be documented. 15.03 4. CONFIDENTIAL INFORMANT MANAGEMENT: 15.03 a. The Guidelines for Florida State and Local Agencies in Dealing with Confidential Informants as adopted by the Florida Police Chiefs Association shall serve as the guidelines for this agency. (See Appendix A.) 5. SELF-PROTECTION: 15.03 a. Two detectives will be present when meeting with informants at all times. b. Without exception, detective or officers shall document all meetings that they hold with informants. The documentation file includes space to record cases, actions, and payments and serves to protect the Department, the detective, and the informant. c. Keeping in mind the cautions listed in this directive, all officers of the Department are urged to cultivate confidential informants. 6. JUVENILE INFORMANTS: 15.03 a. Detectives s shall take special precautions with juvenile informants. b. The detective must take into consideration such things as the age and/or maturity of the juvenile, the type of information given, the emotional state, and the motivations. c. Depending on the situation, it may become advisable to contact the parent/guardian of the juvenile to verify the authenticity of the information. d. If any concessions are made to the juvenile for the information or for testifying regarding the information, i.e., payments, dropping or reducing charges, the parent/guardian must be advised of this information. e. The detective cannot use a juvenile informant for making controlled buys and/or transactions without the written consent of the parent/guardian. 7. THE CI’S POTENTIAL MOTIVATION: a. The major motivating factors for CIs include the following: i. Effective: March 14, 2011 Revised: Revenge. Confidential Informants Directive No. 43.105 Page 4 of 10 ii. Monetary rewards. iii. Citizen concern. iv. Mitigate a criminal charge or sentence. b. Criminals can be important informants but care must be taken to recognize the possibility that the informant may attempt to use the detective to gain an advantage. 8. FACTORS TO BE ADDRESSED WHEN CHOOSING/UTILIZING INFORMANTS a. The informant’s age and maturity. b. The risk the informant poses to adversely affect a present or potential investigation or prosecution. c. The effect upon agency efforts that the informant’s cooperation becoming known in the community may have. d. Whether the person is a substance abuser, has a history of substance abuse, or is known by the lead detective or officer to be involved in a courtsupervised drug treatment program or drug-related pretrial intervention program. e. The risk of physical harm that may occur to the person, his or her immediate family, or close associates as a result of providing information or assistance, or upon the person’s assistance becoming known in the community. f. Whether the person has shown any indication of emotional instability, unreliability, or of furnishing false information. g. The person’s criminal history and/or prior criminal record. h. Whether the nature of the matter being investigated is such that the use of the informant is important to, or vital to, the success of the investigation. B. CONFIDENTIAL FILES: 15.03 1. All records relating to VIN activities shall be filed separately in a locked area. Files shall be maintained in an orderly fashion and access to records shall be limited to authorized persons. 2. All records that reveal the confidential informants' identity and undercover personnel identities shall be filed with the VIN Unit, and maintained in a strictly confidential manner. Effective: March 14, 2011 Revised: Confidential Informants Directive No. 43.105 Page 5 of 10 a. Each confidential informant shall be assigned a CI number by the VIN Unit to help protect his/her identity. b. The identity of the undercover personnel and confidential informants shall be known only to the Investigative Services Bureau (ISB) commander, the supervisor and the VIN Unit personnel working with the confidential informant or the undercover personnel. c. Access to the CI files is restricted to sworn officers assigned to VIN. Access to these files will be documented in writing in the safe log book. 3. The informant's confidential file shall consist of a completed Confidential Informant Information Sheet and a signed Confidential Informant Form. a. Upon the form's completion, it shall be placed and maintained in a secure place with restricted and controlled access limited to the supervisor, his designee and unit commander. The CI files are subject to periodic review to confirm compliance with agency policy. 4. Records may be purged after five years of inactivity or when they are no longer of administrative value. The file will be shredded at that time. C. CONFIDENTIAL INFORMANT FEES AND FUNDS: 1. CONFIDENTIAL INFORMANT FEES: 15.03 a. The VIN Supervisor or his designee shall pay the fees for informant information and the detective or officer shall adhere to the following procedures for paying fees: 5.05 i. Any officer of the Department requesting fees for a confidential informant must first document the informant using the Confidential Informant Documentation Form through the VIN Unit Supervisor. 5.05 ii. The VIN case detective shall negotiate the fee on a case-by-case basis, depending on the value of the information and the type of investigation. The VIN Supervisor shall have final approval of the amount. 5.05 iii. The requesting officer shall fill out an Investigative Funds Request Form. 5.05 iv. The supervisor of the VIN Unit shall maintain the funds in the VIN Unit safe. v. The supervisor or his designee shall distribute the funds to the requesting officer after completing the Investigative Funds Receipt, listing the officer's name, the case number and confidential informant Effective: March 14, 2011 Revised: Confidential Informants Directive No. 43.105 Page 6 of 10 number and making the proper entry on the documented Confidential Informant Form. vi. The requesting officer shall document the payment of an informant fee on an Investigative Report and a Receipt of Payment Form that shall contain the following: 5.05 a) Case number of investigation. b) Amount of payment. c) Purpose of payment. d) Date of payment. e) Confidential Informant number and signature of informant. If the informant refuses to sign, another officer must sign as witness and REFUSED shall be written above Received by. f) Officer's signature. vii. The requesting officer shall give the Receipt of Payment Form to the custodian of the funds and the custodian shall affix it to the Confidential Informant Documentation Form of that particular confidential informant. 2. USES OF CONFIDENTIAL FUNDS: 5.05 a. Funds will be available for the operations of the vice, drug, and organized crime function with the Bureau Commander or higher authority’s approval and shall be held in a safe in the VIN Unit. 15.03 b. Confidential funds are available to all sworn members of the Department for approved operations. 15.03 c. Confidential investigative funds are established, maintained, and distributed within the VIN Unit to finance investigative operations which include, but are not limited to, the following: 15.03 Effective: March 14, 2011 Revised: i. Paying informants. 15.03 ii. Purchasing contraband as evidence. iii. Expenses for surveillance activities. iv. Purchasing necessary equipment. Confidential Informants Directive No. 43.105 Page 7 of 10 3. ACCOUNTING OF FUNDS: a. All disbursed confidential investigative funds must be strictly controlled and accounted for through proper documentation, i.e., a balance sheet, ledger or other system that identifies initial balance, cash income received, cash disbursed, and the balance on hand. b. The VIN Supervisor or his designee is authorized to disburse or accept cash in accordance with this directive and is responsible for the fund, its uses, records and receipts. 5.05 c. Access to confidential funds shall be limited to the VIN Unit Supervisor or his designee. See Departmental Standards Directive 17.100 Fiscal Management for details. d. A detective who needs cash expenditures for confidential funds shall submit an Investigative Funds Request form. 5.05 i. Expenditures above $2,500.00 shall require the approval of the Chief of Police or his/her designee before disbursement. 5.05 ii. Submission of a receipt, required within 72 hours of payment, is to include the following: 5.05 a) Amount of payment. b) Purpose of payment. c) Officer's Name. d) Informant's applicable. assigned e) Date of payment. f) Case number of report. number and signature, if e. A documentation of the expense must be contained in the officer's investigative report, except for informant fees where documentation is on the CI Documentation Form. The report should contain the information or material purchased and any law enforcement action taken. f. The VIN Supervisor shall submit an Investigative Funds Receipt for the ISB Commander's review of each expense and replenishment. g. In any situation that entails a flash roll, the VIN Unit Supervisor shall record all serial numbers. The VIN Supervisor shall retain a copy of the list while the flash roll is in existence and place a copy in the safe. Effective: March 14, 2011 Revised: Confidential Informants Directive No. 43.105 Page 8 of 10 h. The VIN Supervisor shall keep a ledger in his/her office safe. Every time the safe is opened, an entry shall be made in the ledger to include the following: i. i. Date and time opened. ii. Date and time closed. iii. Reason for opening. iv. Persons present. A cash box shall be secured in the safe. i. The cash box key and current safe combination will be issued to the VIN Unit Supervisor. ii. The evidence custodian shall keep backup keys and a copy of the current safe combination in a sealed envelope for an emergency, as declared by the Chief of Police or his/her designee. j. The ISB Commander shall audit the fund quarterly and submit a report to the Chief of Police. 5.05 k. The Professional Standards Bureau (PSB) shall perform an annual audit of the investigative funds and submit a report to the Chief of Police. l. An audit shall also be completed within five days of any change in custodians. D. ASSOCIATION AND DEACTIVATION OF INFORMANTS: 1. VIN Unit personnel will not maintain a social relationship with any confidential informant 2. VIN Unit personnel will not meet or arrange to meet with any confidential informant while off duty or outside the scope of an official investigation. 3. The VIN Unit Supervisor shall be notified when the need to deactivate a confidential informant arises. The VIN Unit Supervisor shall indicate the deactivation in the CI file. Effective: March 14, 2011 Revised: Confidential Informants Directive No. 43.105 Page 9 of 10 E. ANNUAL REVIEW: 15.03 1. A review of Department policies and procedures regarding the use of Confidential Informants shall be completed and documented by the VIN Unit Supervisor annually. This review shall also ensure conformity with Florida State Statutes. Approved: Daniel C. Alexander Chief of Police Effective: March 14, 2011 Revised: Date: Confidential Informants Directive No. 43.105 Page 10 of 10