Policy Text
Ref: CALEA Standard Chapter 51
DEPARTMENTAL
GENERAL ORDER M-17 28 Jun 99
Index as: Criminal Intelligence Intelligence, Criminal
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CRIMINAL INTELLIGENCE
The purpose of this new order is to establish Departmental procedures governing
the function of the Intelligence Division.
I. DEPARTMENTAL POLICY
Information gathering is a fundamental and essential element in the
prevention of crime and apprehension of offenders. The policy of the
Department is to gather information directed toward specific individuals or organizations reasonably suspected of criminal activity, to gather it with
due respect for the rights of those involved, and to disseminate it only to
authorized individuals as defined. While criminal intelligence may be
assigned to specific personnel within the Department, all members of the
Department are responsible for reporting information that may help identify criminal conspirators and perpetrators.
II. DEFINITIONS
A. Criminal intelligence is information compiled, analyzed and/or disseminated in an effort to antic ipate, prevent or monitor criminal
activity.
B. Strategic intelligence is information concerning existing patterns or emerging trends of criminal activity designed to assist in criminal apprehension and crime control strategies for both short and long-term investigative goals.
C. Tactical intelligence is information regarding a specific criminal event that can be used immediately by operational units to further a
DEPARTMENTAL GENERAL ORDER M-17 28 Jun 99
OAKLAND POLICE DEPARTMENT
criminal investigation, plan tactical operations and provide for
officer safety.
III. MISSION
A. It is the mission of the Intelligence Division to gather information from all sources, in a manner consistent with the law, in support of
efforts to provide tactical or strategic information on the existence,
identities, and capabilities of cri minal suspects and enterprises
generally and, in particular, to further crime prevention and enforcement objectives/priorities identified by the Department.
B. Information gathering in support of the intelligence function is the responsibility of each member of the Department.
C. Information that implicates, or suggests implication or complicity of any public official in criminal activity or corruption shall be
immediately reported to the Chief of Police.
IV. ORGANIZATION
A. The Intelligence Division shall have the primary responsibility for the direction of intelligence operations, coordination of personnel,
and the collection, evaluation, collation, analysis and dissemination
of intelligence information.
B. The Intelligence Division Sergeant shall report directly to the Chief
of Police in a manner and on a schedule prescribed by him/her.
C. To accomplish the goals of the intelligence function and conduct routine operations in an efficient and effective manner, the
Intelligence Division Sergeant shall ensure compliance with the
policies, procedures, mission and goals of the Department.
D. Assignments of personnel to the Intelligence Division are at the sole discretion of the Chief of Police.
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DEPARTMENTAL GENERAL ORDER M-17 28 Jun 99
OAKLAND POLICE DEPARTMENT
V. PROFESSIONAL STANDARDS
A. The intelligence function is often confronted with the need to balance information-gathering requirements for law enforcement with the rights of the individuals. To this end, members of the Department shall adhere to the following:
1. Information gathering for intelligence purposes shall be
premised on circumstances that provide a reasonable
indication that a crime has been committed or is being planned.
2. Investigative techniques employed shall be lawful and only so intrusive as to gather sufficient information to prevent the criminal act and/or identify and prosecute violators.
3. Members of the Intelligence Division shall make every effort to ensure that information added to the criminal intelligence base is relevant to a current or on-going investigation and the product of dependable and trustworthy sources of information. A record shall be kept of the source of all information received and maintained by the Intelligence Division.
4. Information gathered and maintained by the Intelligence Division for intelligence purposes may be disseminated only to appropriate persons for legitimate law enforcement purposes in accordance with law and procedures established by this order. A record shall be kept regarding the dissemination of all such information to persons within this or any other law enforcement agency.
VI. COMPILING INTELLIGENCE
A. The Intelligence Division Sergeant, with sufficient information and
justification, may open intelligence investigations/files. This
includes, but is not limited to, the following types of information:
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DEPARTMENTAL GENERAL ORDER M-17 28 Jun 99
OAKLAND POLICE DEPARTMENT
1. Subject, victim(s) and complainant as appropriate.
2. Summary of suspected criminal activity.
3. Anticipated investigative steps to include proposed use of
informants, photographic or electronic surveillance.
4. Resource requirements, including personnel, equipment, buy/flash monies, travel costs, etc.
5. Anticipated results and problems, restraints or conflicts of interest.
B. Members shall not retain official intelligence documentation for personal reference or other purposes but shall submit such reports and information directly to the Intelligence Division.
C. Information gathering using confidential informants as well as electronic, photographic and related surveillance devices shall be performed in a legally accepted manner and in accordance with
procedures established for their use by the Department.
D. All information designated for use by the Intelligence Division shall be submitted on the designated report form and reviewed by the Intelligence Division Sergeant prior to submission.
VII. RECEIPT/EVALUATION OF INFORMATION
Upon receipt of information in any form, the Intelligence Division Sergeant shall ensure that the following steps are taken:
A. Where possible, information shall be evaluated with respect to
reliability of source and validity of content. While evaluation may not be precise, this assessment must be made to the degree possible in order to guide others in using the information.