Police Department Policy

OAKLAND_K-10_-_Undercover_Operations_422

Oakland PD

Policy Text
OFFICE OF CHIEF OF POLICE OAKLAND POLICE DEPARTMENT MEMORANDUM TO: All Personnel DATE: 28 Feb 14 SUBJECT: Revision of Departmental General Order K-10, UNDERCOVER OPERATIONS (Rev. 01 Oct 11 ) The purpose of th e revision to this order is to update D epartmental policy and procedures for Undercover Operations. The following is a summary of the substantive changes and shall not take the place of the required review and understanding of the entire policy: 1) Part I, B, 1 -3 added (Definitions) : B. Vice/Human Trafficking Operations 1. Vice/Human Trafficking operations are defined as those which are victim centered or victim driven crimes related to Human Trafficking including but not limited to prostitution, lewd public sex acts, massage technicians and massage parlor activities. 2. Gambling, card rooms, alcoholic beverage and cabaret related activities are not considered Vice/Human Trafficking operations unless linked to activity types identified above. 3. Vice/Human Trafficking Operations shall only be conducted by, or under the supervision of, the Special Victims Section (SVS). 2) Part II, A -C revised (Training): Prior to being designated to an undercover assignment, officers: A. Shall successfully complete the Department’s Undercover Officer School for Narcotics Operations (all operations except Vice/Human Trafficking); B. Shall successfully complete the Department’s Undercover Officer School for Vice/Human Trafficking Operations (for any Vice/Human Trafficking operations) 1. After complet ion of the Department’s Undercover School for Vice/Human Trafficking Operations, officers shall, once a year, attend a four (4) hour Vice/Human Trafficking legal update course by the SVS. DEPARTMENTAL GENERAL ORDER K-10 Index as: Undercover Operations Effective Date: 28 Feb 14 Evaluation Coordinator: BFO Commander Evaluation Due Date: 28 Aug 14 Automatic Revisio n Cycle: 3 Years Page 1 of 6 UNDERCOVER OPERATIONS The purpose of this order is to set forth the responsibilities of Departmental personnel when planning and engaging in Undercover (UC) Operations. Operations involving the use of undercover officers are one of the most dangerous undertakings for all personnel involved. The safety of all participants is critical and the responsibility for the successful outcome of these operations rests heavily with the operation supervisor. I. DEFINITION S A. Undercover Operations Any enforceme nt/investigative action using Departmental personnel who are wearing civilian clothing , for the purpose of concealing their peace officer status , and where interaction with a criminal element is anticipated. These operations include , but are not limited to , buy-bust, reverse buy -bust, and prostitution enforcement operations. For purposes of this order, operations conducted by the Internal Affairs Division – Integrity Testing Unit (IAD -ITU) is exempt from the provisions of this order. The IAD -ITU is governed by the provisions of IAD Policy and Procedure 07 -01. NOTE : Officer s operating in civilian clothes where interaction with a criminal element is not anticipated are not considered to be operating undercover (e.g., surveillance operations from a covert vehi cle, house or building .) B. Vice/Human Trafficking Operations 1. Vice/Human Trafficking operations are defined as those which are victim centered or victim driven crimes related to Human Trafficking including but not limited to prostitution, lewd public sex acts, massage technicians and massage parlor activities. DEPARTMENTAL GENERAL ORDER OAKLAND POLICE DEPARTMENT K-10 Effective Date 28 Feb 14 Page 2 of 6 2. Gambling, card rooms, alcohol ic beverage and cabaret related activities are not considered Vice/Human Trafficking operations unless linked to activity types identified above. 3. Vice/Human Trafficking Operations shall only be conducted by , or under the supervision of , the Special Victims Section (SVS) . II. TRAINING Prior to being designated to an undercover assignment, officer s: A. Shall s uccessful ly complet e the Department’s Undercover O fficer School for Narcotics Operations (all operations except Vice/Human Trafficking ); B. Shall s uccessful ly complet e the Department’s Undercover Officer School for Vice /Human Trafficking Operations (for any Vice /Human Trafficking operations) 1. After completion of the Department’s Undercover School for Vice /Human Trafficking Operations, officer s shall , once a year, attend a four (4) hour Vice/Human Trafficking legal update course by the SVS. C. May be so designated (except for Vice/Human Trafficking operations) , on a case by case basis, when the officer has commensurate experience/training, and with the approval of the operation supervisor and their first-level commander in consultation with the identified Subject Matter E xpert (SME) through the Train ing Section . Such approval and supporting statements shall be documented in a memo randum prepared by the supervisor of the operation , and submitted and approved by the first -level commander of the supervisor. III. PLANNING A. An Operations Plan shall b e completed for all undercover operations in accordance with the provisions of Training Bulletin III -Q, R ISK ASSESSMENT OVERVIEW & OPERATIONS PLAN, and distributed as necessary . B. Acting Sergeants shall not supervise undercover

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