Police Department Policy

24.3 - Confidential Informants

Miami Gardens Police Department

Policy Text
III. Policy Vil. Expenditures IV. Definitions | Vill. ©Anonymity/Protection of Informants | Section |: Purpose q The purpose of this policy shall be to provide guidelines and procedures for utilizing confidential informants assisting the Miami Gardens Police Department when conducting criminal investigations. | | Section Il: Scope | These procedures shall apply to all Miami Gardens Police Department (MGPD) personnel, and will provide uniformity, accountability, and protection to personnel and the MGPD in official actions with confidential informants (Cl). | Section Ill: Policy | Criminal investigations conducted by MGPD employees are complex multi-step processes that require employees to perform their duties within the guidelines of Federal, State, and local laws and regulations in order to not prejudice the case or jeopardize the prosecution of the defendant. MGPD employees will use confidential informants to assist the investigator by providing and violations of law. information of criminal activity Use of informants is a basic weapon in the fight against crime and is a judicially recognized source of information. An informant's motivation should be carefully evaluated in determining the extent upon which the information will be relied. The use of informants who furnish information, with the expectation their identity will not be disclosed, requires detailed documentation and administrative Original Issue Date: 09/01/07 Revised by #027 1 of 9 control. All actions by the Cl must be carefully supervised to provide investigative integrity. All personnel involved in the use or recruitment of confidential informants shall receive documented training in the proper handling of Cl’s, department policy and procedures, and state law. The documented training will be forwarded to the Professional Compliance Unit and placed in the member’s training file. (CFA 15.03M)(1) MGPD’s first priority in operational decisions and actions regarding the use of confidential informants is to preserve the safety of the law enforcement personnel, confidential informant, the public, and the target. No employee shall use an informant prior to successful completion of formalized training in Rachel’s Law and informant handling. Employees should consult Florida State Statute 914.28 “Rachel’s Law” for additional information. The Investigations Major or designee, will conduct a documented annual administrative review of agency practices to ensure conformity with agency policies, procedures, and Florida Statute. (CFA 15.03M)(J) CONFIDENTIAL INFORMANT (Cl) — Any person who cooperates with MGPD confidentially in order to protect the person or the agency’s intelligence gathering or investigative effort and: 1. 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; 2. Is able, by reason of his or her familiarity or close association with suspected criminals, to: a) Make acontrolled buy or controlled sale of contraband, controlled substances, or other items that are material to a criminal investigation; b) Supply regular or constant information about suspected or actual criminal activities to a law enforcement agency; or c) Otherwise, provide information important to ongoing criminal intelligence gathering or criminal investigative efforts. CONTROLLED BUY -— The purchase of contraband, controlled substances, or other items that are material to a criminal investigation from a target offender, which is initiated, managed, overseen, or participated in by law enforcement personnel, with the knowledge or presence of a confidential informant. CONTROLLED SALE -— The sale of contraband, controlled substances, or other items that are material to a criminal investigation to a target offender, which is initiated, managed, overseen, or participated in by law enforcement personnel, with the knowledge or presence of a confidential informant. TARGET OFFENDER -— A person suspected by law enforcement personnel to be implicated in criminal acts by the activities of a confidential informant. CONTROL OFFICER — The MGPD sworn law enforcement employee who initiated contact with an approved informant. The control officer shall be the primary contact for the Cl. The control officer shall not have exclusive control over the Cl, as the Cl may be utilized by other departmental elements (narcotics, homicide, robbery, etc.); however, the control officer will be notified when such use is requested. When a control officer retires or transfers, another control officer will be appointed by the investigative sergeant.

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