43694142.pdf

\n\n--- Page 1 ---\n\nGAINESVILLE POLICE DEPARTMENT GENERAL ORDER TITLE ACCREDITATION Confidential Informants and Sources CALEA Chapters: 17, 42, & 43 PRIOR REVISIONS PROPONENT UNIT 12/01/98, 08/05/02, 08/19/10 Investigations Bureau ATTACHMENT: 0 NUMBER ISSUE DATE REVISION DATE TOTAL PAGES 42.4 07/01/98 10/15/18 10 I. PURPOSE: This Order establishes guidelines and comprehensive procedures for the recruitment, selection, control, and utilization of confidential informants in accordance with Florida State Statutes (commonly known as “Rachel’s Law”). Compliance with these guidelines will enhance the goal of establishing more uniform practices throughout the department and promote safety of those involved in operations involving confidential informants and sources. II. POLICY: The utilization of confidential informants and sources is lawful and often essential to the effectiveness of properly authorized criminal investigations or intelligence-gathering activities. At the same time, such utilization carries with it special challenges and risks that warrant prudent and responsible efforts. Special care must be taken to carefully evaluate and closely supervise the use of confidential informants. Law enforcement agency operational decisions and actions regarding the use of confidential informants must keep the safety of involved persons a top priority, and agency personnel should exercise the utmost care and judgment in order to minimize the risk of harm to all persons involved. In accordance with Rachel’s Law enacted July 1, 2009, the Gainesville Police Department utilizes the procedures in this General Order to address recruitment, selection and utilization of confidential informants. Department members will follow the same guidelines whether or not the confidential informant falls under the auspices of Rachel’s Law. III. DEFINITION: Confidential Funds: Those monies allocated for the purchase of services, evidence, and/or information pursuant to criminal investigations. Confidential Informant: Any person, who cooperates with law enforcement and, through such efforts, is seeking to improve his or her status in the criminal justice system.[CALEA 42.2.6.e] A. A person’s improved status in the criminal justice system may include, but is not limited to: 1. Avoiding an arrest, a reduction or modification of a sentence imposed or to be recommended to be imposed upon him or her, or 2. A reduction or modification of charges pending or anticipated to be placed against him or her and whose association or cooperation with law enforcement must remain unknown to those about whom the information is provided or with whom one or more transactions occur. 1\n\n--- Page 2 ---\n\nGAINESVILLE POLICE DEPARTMENT GENERAL ORDER B. Cooperation may include, but not be limited to, the person by reason of his or her familiarity or close association with suspected or actual criminals being able to: 1. Make a controlled buy or controlled sale of contraband, controlled substances, or other items material to a criminal investigation; 2. Provide and does supply information about suspected or actual criminal activities to a law enforcement agency; 3. Otherwise provide information important to ongoing criminal intelligence gathering or criminal investigative efforts and who is, through such efforts, seeking to improve his or her status in the criminal justice system. 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, oversee, or participated in by law enforcement personnel with the knowledge of the confidential informant. Confidential Source: Any person who: A. Does not meet the criteria for a confidential informant (i.e. is not motivated to provide information because he/she is facing criminal charges), and B. Who provides valuable information to law enforcement in return for monetary compensation. [CALEA 42.2.6.e] IV. PROCEDURE: A. Requirement for Written Procedures: While each bureau/division/unit that manages a confidential funds account may adopt its own set of specific procedures regarding the use of confidential informants, because of the potential for abuse, each bureau’s procedures shall adhere to the minimum guidelines and regulations within this General Order. Any written procedures shall include detailing the responsibilities of the funds custodian and the members who draw from the funds. The procedures shall include how the funds are to be disbursed, handled and reconciled, and what record-keeping and accounting practices are to be employed. Disbursement and replenishment of confidential funds shall follow voucher procedures established by the Fiscal Office and the City of Gainesville. If a bureau/division/unit does not develop written comprehensive procedures for the use of confidential funds, it shall follow the guidelines established in this General Order. The following sections shall guide the establishment of bureau procedures. 1. Disbursement: The Bureau/District/Unit Commander shall designate a (or be the) funds custodian for the disbursement and accounting of the agency’s confidential funds.[CALEA 17.4.2.e] 2. Approval: Bureau/Division/Unit members must obtain approval from the Bureau/Division/Unit Commander/designee before using confidential funds. [CALEA 17.4.2.c] 2\n\n--- Page 3 ---\n\nGAINESVILLE POLICE DEPARTMENT GENERAL ORDER 3. Expenditures over $5,000: Any single expenditure of confidential funds which exceeds $5,000 (five thousand dollars) must receive the approval of the Chief of Police or Designee. [CALEA 17.4.2.c] 4. Accounting: The funds custodian is responsible for: i. Documenting confidential cash funds on a balance sheet, ledger, or other system that identifies initial balance, credits (cash received), debits (cash disbursed), and the balance on-hand.[CALEA 17.4.2.a] Cash received shall be documented on a receipt or other form of documentation [CALEA 17.4.2.b] The funds shall be replenished by the Fiscal Office Commander as needed. ii. Providing the Bureau/Division/Unit Commander with an accounting of the expenditures, iii. Notifying the Bureau/Division/Unit Commander or designee of any deviations from established procedures, iv. Holding all money in a security device to be provided by the bureau/division/unit. v. At least quarterly, ensuring that an internal audit is conducted to account for the Department’s confidential cash activities, and forwarding the results to the Chief of Police. [CALEA 17.4.2.f] B. Screening and Assessment of Confidential Informants: Due to the nature of the relationship of a confidential informant with the Department, any member who requests to utilize a person as a confidential informant must first obtain approval from his/her bureau commander/designee. The first and most important determination regarding confidential informants is the assessment as to whether the person seeking to work as one is suitable and capable of performing the work safely. Factors to be considered in assessing the suitability of a confidential informant prior to the confidential informant’s utilization shall include, but are not limited to: 1. The confidential informant’s age and maturity; 2. The risk the confidential informant poses to adversely affect a present or potential investigation or prosecution; 3. The effect upon agency efforts if the confidential informant’s cooperation becomes known in the community; 4. Whether the person is a substance abuser, has a history of substance abuse, or is known by the lead investigator or officer to be involved in a court-supervised drug treatment program or drug-related pretrial