VIN Operations.pdf

BOCA RATON POLICE SERVICES DEPARTMENT Standard Operating Procedure 43.01 VIN OPERATIONS Revised: March 1, 2017 I. PURPOSE: The purpose of this standard operating procedure is to specify the activities conducted by the Boca Raton Police Services Department Vice, Intelligence, and Narcotics (VIN) U...

BOCA RATON POLICE SERVICES DEPARTMENT Standard Operating Procedure 43.01 VIN OPERATIONS Revised: March 1, 2017 I. PURPOSE: The purpose of this standard operating procedure is to specify the 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. DEFINITIONS Confidential Informant (CI)/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: 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 Is able, by reason of his or her familiarity or close association with suspected criminals, to: Make a controlled buy or controlled sale of contraband, controlled substances, or other items that are material to a criminal investigation; Supply regular or constant information about suspected or actual criminal activities to a law enforcement agency; or Otherwise provide information important to ongoing criminal intelligence gathering or criminal investigative efforts. Control Officer: A control officer is the person who handles the communication with, documentation of and direction of the undercover (UC) or Confidential Informant (CI). III. PROCEDURES - VICE, INTELLIGENCE AND NARCOTICS INVESTIGATIONS: A. LEADS: 1. The lead is the first piece of information received by a detective on person(s) suspected of criminal activity, the lead may come from a variety of sources but most commonly comes from informants, concerned citizens or other police agencies. Effective: March 14, 2011 Revised: March 1, 2017 VIN Operations SOP No. 43.01 Page 1 of 9 B. DOCUMENTATION: 1. The first step in the investigation is documentation of the lead and the investigation that ensues to verify the initial information. 2. Documentation should include a description of the targeted offenses and related subjects. 3. C. All cases must have initial documentation within 72 hours. ANALYSIS: 1. The detective, with the help of a crime analyst, will analyze the offense, e.g., time of occurrence, locations, MO, including any related victims and suspects. 2. The detective should start files on probable offenders that contain information on the subject's habits, associates, vehicles, vessels, aircraft, methods of operation, criminal histories, known intelligence, or any other pertinent information. D. INVESTIGATION: 1. There should be a constant analysis of investigative methods by the case detective and the VIN Unit supervisor to identify the most appropriate and potentially effective investigative techniques. 2. E. Different investigative methods should be considered. LEGAL ASPECTS: 1. Potential legal ramifications associated with the investigation should be discussed and assistance should be sought through the State Attorney's Office (SAO) if questions arise regarding the legality of any issue. F. EQUIPMENT NEEDS: 1. Equipment needs for the investigation should be identified. 2. The cost of any specialized equipment, including vehicles and vessels, should be determined and submitted to the VIN Unit supervisor for approval. G. INVESTIGATIVE EXPENSES: 1. All detectives will have access to investigative funds through the VIN Unit supervisor. 2. An accurate record detailing the expenditure of the funds shall be kept. 3. Replenishment of each detective’s fund will be made through the VIN Unit supervisor as follows: Effective: March 14, 2011 Revised: March 1, 2017 VIN Operations SOP No. 43.01 Page 2 of 9 a. Cash is signed out using an Investigative Funds Request Form and drawn from the Investigative Funds cash account in the VIN safe for a specific purpose. b. Each detective has a department debit card issued to their undercover identity that may be used, with supervisor approval, in some unique cases. c. The money will be accounted for and converted back to a cash transaction by completing an Investigative Funds Request Form. The cash taken from the Investigative Funds cash account will be deposited into the checking account from which it was withdrawn initially (see b above). H. ARRESTS: 1. Arrests should, whenever possible, be well planned. 2. In all cases, enough back-up support should be sought to make the arrest as safe as possible. I. OPERATIONS PLANS: 1. The circumstances, procedures, and objectives unique to each surveillance, undercover, decoy, or raid operation should, whenever possible, be discussed with the VIN Unit supervisor and all involved employees. J. COMMUNICATIONS: 15.11 1. Routine communications will be made normally using the police frequencies and/or telephones, however, certain investigations require provisions for emergency communications. 2. Emergency communications can be accomplished through the use of hand/body signals, codes words/phrases, or other audio/visual signals, e.g., turning lights on/off, removing a hat, opening a window. K. CONFIDENTIALITY: 1. Due to the sensitive nature and investigative complexity of most vice, drug and organized crime investigations, it is imperative that information be released on a needto-know basis only. 2. Releasing information on a need-to-know basis would normally include only personnel within the unit unless other personnel are required to complete the investigation. 3. Confidentiality may serve to protect the security of personnel involved, particularly undercover detectives. Effective: March 14, 2011 Revised: March 1, 2017 VIN Operations SOP No. 43.01 Page 3 of 9 L. SUPERVISION: 1. During a vice/drug/organized crime investigation a single person, usually the VIN Unit supervisor, shall be designated as the supervisor and coordinator. 2. The VIN supervisor will assure that close supervision is maintained throughout all vice, drug and organized crime investigations. M. EVENT DECONFLICTION: 1. Not Identifiable Named Justice Agencies (NINJA) notifications shall be made for the following types of VIN operations: a. Buy-busts/walks b. Reverse c. VIN search warrants 2. The VIN Unit supervisor shall be responsible for the oversight of VIN Unit’s use of event deconfliction systems. VIN Unit detectives shall be authorized to submit event deconfliction notifications. 3. NINJA notifications shall contain only the geolocation or address of the activity being conducted. 4. Operations plans for operations requiring NINJA notifications shall specify the name of the detective who sent the notification. IV. COVERT POLICE OPERATIONS: A. 15.11 The VIN supervisor shall be responsible for all covert/undercover police investigations. 1. Detectives shall inform the supervisor on a daily basis of the progress and strategy of any on-going covert operations that they are conducting. 15.11 2. When possible, the detective should gather background information to identify targets and suspects before any undercover operation. 15.11 3. Every effort shall be made to provide for surveillance at any anticipated meeting between an undercover detective and a suspect. B. Every effort shall be made to maintain the confidentiality and integrity of any undercover/covert police investigation. Effective: March 14, 2011 Revised: March 1, 2017 VIN Operations SOP No. 43.01 Page 4 of 9 V. SURVEILLANCE CRITERIA: A. Department employees will adhere to a written plan when conducting undercover, decoy, and raid operations. 15.11 B. The detective will analyze the target's residence, workplace, or other areas to determine potential surveillance posts and to develop related operational procedures. 15.11 C. Special attention should be given to identify, and if possible neutralize, any countersurveillance techniques being employed by the target. D. Relief and rotation of personnel during lengthy surveillance operations should also be planned. VI. UNDERCOVER OPERATIONS CRITERIA: A. A control officer, who may be the undercover detective's only contact with the Department, should be appointed. The control officer will brief the undercover detective on the laws, policies, and procedures related to the assignment, including the rules on entrapment. 15.11 B. Detailed background information should be obtained to introduce the undercover detective to the target offender(s). 15.11 C. All undercover detectives permanently assigned to VIN will be supplied with fictitious identification and credentials to match their undercover identity. 1. The false identity shall remain confidential. 2. Information concerning the false identity shall be known only to those having a definite need-to-know. D. The undercover detective will be furnished with a cellular phone as long as the equipment will not jeopardize the detective in the context of the assignment. 15.11 E. Each undercover detective will have an expense fund or Department issued debit card with available expense funds and will detail any expenses per the prescribed procedure. 15.11 F. Each undercover detective will have access to any technical equipment that may be necessary during the investigation through the detective assigned to maintain technical equipment. G. During situations of high risk, e.g., controlled buys, confidential informant meets, etc., the VIN Unit supervisor will provide adequate back-up security. H. The undercover detective will turn all evidence and contraband acquired over to the control officer for its entry into evidence as soon as possible after its receipt. I. The chain of custody must be documented and maintained. 15.11 Effective: March 14, 2011 Revised: March 1, 2017 VIN Operations SOP No. 43.01 Page 5 of 9 J. Each undercover detective will make contact with the control officer at least on a daily basis and will initiate a report for each day he/she works. The report will include a description of all activities, suspect contacts and expenses. 15.11 K. The control officer will keep the VIN Unit supervisor apprised of the undercover detective’s assignment. 15.11 L. When probable cause for arrest and successful prosecution exists, the control officer and the VIN Unit supervisor will determine when the arrest will be made. VII. DECOY OPERATIONS: A. The VIN Unit supervisor is responsible for the following: 15.11 1. Providing the detectives involved in the decoy operation with a sufficient disguise for the assignment. 2. Analyzing the assignment and detailing all necessary resources, equipment, vehicles, and personnel, including the locations of all back-up law enforcement officers (LEOs). 3. Consulting with the Investigative Services Bureau (ISB) commander for approval of the assignment. 15.11 4. Consulting with the SAO to ensure that all legal requirements necessary for successful prosecution are fulfilled. 5. Notifying the on-duty watch commander of the operation. 15.11 6. Briefing all related employees on the details of the operation and maintaining close supervision during the execution of the operation. B. LEOs conducting decoy operation surveillance operations shall adhere to the following guidelines: 15.11 1. Back-up LEOs should maintain visual contact with the decoy. 15.11 2. Audio communication should also be maintained, if possible. 15.11 3. If the use of a police radio is not feasible, a hidden listening device or cell telephone should be used. 15.11 4. All participating employees should be identifiable to all involved parties. 5. If the employees are not uniformed, caps, jackets, vests, etc. should be used to identify participating personnel. Effective: March 14, 2011 Revised: March 1, 2017 VIN Operations SOP No. 43.01 Page 6 of 9 VIII. SEARCH WARRANTS AND BUY-BUST OPERATIONS RAIDS: A. The VIN Unit supervisor and affected VIN detectives will devise the strategies and tactics to be used during the operation. The Special Weapons and Tactics (SWAT) Team commander shall be included when planning for the execution of drug-related search warrants. 15.11 B. etc. The VIN Unit supervisor will verify the legality of the raid, e.g., search warrant, buy-bust, C. The VIN Unit supervisor will seek approval of the operation from the ISB commander. 15.11 D. The VIN Unit supervisor will be the supervisor and coordinator of the operation. 15.11 E. If the SWAT Team is used, the SWAT Team commander will be in charge during entry until the structure and occupants are secure. 15.11 F. Proper equipment and personnel for surveillance, entry, searching, evidence control and documentation, and contraband testing should be provided. G. The need for support units should be ascertained and requested through the chain of command. H. The SWAT Team will execute all raids involving narcotics when deemed appropriate by the VIN Unit supervisor, SWAT Team commander, ISB commander and Division commander. Usage of the SWAT Team needs the approval of the chief of police or his/her designee. 15.11 I. If SWAT medics are not present, the Fire-Rescue Services shall be contacted to have paramedics stand by in a safe, but close location to assist with any injured officers or suspects. J. Only force that is necessary to effect lawful arrests shall be used. K. The arrest plan should include provisions for the transportation and booking of all detainees. Additional clerical support may be required in cases with multiple arrests. L. A briefing for all personnel participating in the raid will be held during which the facts and background information concerning the operation will be presented by the VIN Unit supervisor or his/her designee. The following considerations should be addressed as necessary: 15.11 1. Diagrams of the interior and exterior of any place to be searched 15.11 2. Photographs of the suspects involved 15.11 3. The suspects' past propensity for violence 15.11 4. Descriptions of all other subjects, including children, who may be encountered during the operation 15.11 Effective: March 14, 2011 Revised: March 1, 2017 VIN Operations SOP No. 43.01 Page 7 of 9 5. Descriptions of involved vehicles and their locations 6. The type and location of weapons, including dogs or other potentially dangerous animals that may be encountered during the operation 7. The location of items to be seized 8. The location of possible entrances and exits 9. The designation of individual responsibilities, including team leader, entry team members, arrest team, search and seizure team, security team, and uniformed LEO responsibilities M. All LEOs shall wear paraphernalia that clearly identifies them as “POLICE” e.g. their ballistic vest that is marked “POLICE” both back and front, some type of visible police identification, which may include marked caps, jackets, armbands, identification cards, or badges. N. Ballistic vests should all be worn at all times; exceptions need supervisor approval. O. The communications channel and radio designations to be used shall be approved and monitored by the Communications Section. 15.11 P. Current surveillance information shall be gathered on the place to be searched immediately before the raid. Q. A staging area shall be designated if necessary. R. The method of entry to be used shall be determined and any necessary tools or equipment should be acquired. 1. Subterfuge should be considered as a means of gaining entry. 2. When immediate entry is required, only the minimum amount of force necessary to gain entry will be used. S. Neighbors will be evacuated if necessary and possible. T. Crime Scene Unit personnel shall be requested if necessary. U. The public information officer should be requested as deemed necessary. V. The VIN supervisor is responsible for documentation of raid. 15.11 W. Before the raid, the address involved, the time entry is to be made, and the communications channel to be used shall be given to the following individuals: 15.11 1. Communications Section supervisor 2. On-duty watch commander and/or road patrol shift supervisor(s). X. The search of the premises is to be conducted by the personnel of the unit or division initiating the search warrant. Effective: March 14, 2011 Revised: March 1, 2017 VIN Operations SOP No. 43.01 Page 8 of 9 Y. Uniformed LEO of the Field Services Division (FSD) will return to their normal duties as soon as possible. Z. VIN Unit detectives should avoid involving uniformed LEOs in the search, custody of evidence, and questioning of detainees. Approved: Daniel C. Alexander Chief of Police Effective: March 14, 2011 Revised: March 1, 2017 Date: VIN Operations SOP No. 43.01 Page 9 of 9