Policy Text
Policy
801Fremont Police Department
Criminal Intelligence Collection and Maintenance
801.1 PURPOSE AND SCOPE
It is the policy of the Fremont Police Department to collect, maintain and, under proper
circumstances, disseminate both developmental and criminal intelligence information on
individuals, groups, associations and organizations who or which are:
(a)Subjects of efforts to gather more information for legitimate law enforcement purposes,
or
(b)Reasonably suspected of definable criminal or terrorist activity.
This effort is necessary to suppress criminal and/or terrorist activity and thereby provide for the
safety and security of persons and property within the City of Fremont.
The purpose of this policy is to declare the intention of the Fremont Police Department to comply
with the standards established by Code of Federal Regulations, Title 28, Part 23, and the Law
Enforcement Intelligence Unit Criminal Intelligence File Guidelines. These standards strike the
proper balance between the needs of law enforcement to collect, apply and share intelligence in
a manner which protects citizens' First Amendment rights and their right to privacy.
801.2 CRIMINAL INTELLIGENCE UNIT
The function of the Criminal Intelligence Unit is to collect, maintain and disseminate information
on individuals, groups, associations and organizations reasonably suspected of definable criminal
activity in order to suppress such activity. The objectives are:
(a)To provide tactical support for field operations with an emphasis on officer safety.
(b)To develop strategic intelligence assessments designed to:
1.Identify criminal organizations which engage in, facilitate or otherwise support
criminal activity which impacts the City of Fremont.
2.Identify individuals who engage in criminal activity which impacts the City of
Fremont.
3.Provide guidance on best use of resources to provide for control of individual
and organizational criminal activity which impacts the City of Fremont.
4.Provide insights into the emerging crime trends which may impact the City of
Fremont.
(c)To use intelligence to ensure that activities occurring in public places are conducted
in a manner that protects citizens' safety while protecting citizens' expressive rights.
(d)To enable the department to cooperate with, and participate in, local, state and national
intelligence initiatives which will benefit the citizens of the City of Fremont.
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801.3 DEFINITIONS
Activity in Public Places - Any event occurring in a public space in which disruptive and/or
criminal activity can pose the possibility of danger to persons or property or prevent the exercise
of expressive rights.
Criminal Activity - Any activity which may violate federal statutes, state statutes, local ordinances
or codes and is deemed a criminal act by such statutes, ordinances or codes; this activity includes
acts punishable as infractions.
Criminal Associate - Any person(s) who is reasonably suspected of knowingly supporting,
assisting or facilitating criminal activity by a person(s), group, association or organization in any
manner.
Criminal Intelligence File - A file relating to a specific person, group, association or organization
which contains criminal intelligence information that demonstrates a criminal predicate exists as
to the person, group, association or organization. In this context, "person" may include persons
known to exist whose identities have not yet been ascertained.
Criminal Intelligence Information - Legally gathered factual data which has been analyzed to
determine that it is relevant to the identification of or the criminal activity engaged in by person(s),
groups, associations or organizations.
Criminal Intelligence System or Intelligence System - The arrangements, equipment, facilities
and procedures used for the gathering, analyzing, receipt, storage, access and dissemination
of criminal intelligence information, criminal intelligence files, developmental information and
developmental files.
Criminal Predicate - Criminal intelligence information which supports the finding that there is
reasonable suspicion to believe that a person(s), group, association or organization is engaged
in definable criminal activity.
Developmental Information - Information about activity occurring in a public place and/or criminal
activity that is gathered for a legitimate law enforcement purpose; such information generally will
not yet demonstrate a criminal predicate.
Developmental File - A file which contains developmental information on person(s), groups,
associations or organizations which information is held and analyzed for a discrete period of time
in an effort to determine whether a criminal predicate exists. Such files may also be known as
"tips and leads," "working files" or "temporary files."
Disruptive Behavior - Behavior which may or may not be criminal which is intended to prevent
citizens from expressing First Amendment rights in a peaceful, lawful manner or unduly interferes
with the rights of citizens not participating in the expressive behavior. Such behavior may be
perpetrated by persons participating in the expressive behavior or by persons not participating in
the expressive behavior.
Legitimate Law Enforcement Purpose - Information about activity which is to occur, or is
occurring, in a public place or information about activity which may be criminal gathered by law
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enforcement to protect citizens' and/or property or to determine whether a criminal predicate exists
which would support the creation of an intelligence file.
Need to Know - A person or organization with a right to know has a legitimate need to have
access to criminal intelligence information.
Reasonable Suspicion - The existence of sufficient facts to give a trained law enforcement officer,
investigator, analyst or law enforcement agency employee a basis to believe that