301609

ORANGE COUNTY SHERIFF'S OFFICE GENERAL ORDER Effective Date: February 6, 2020  Amends - GO 16.1.2 ( January 31, 2014 ) Number: 16.1.2 Distribution: All Personnel Review Month: February Reviewing Authority: Undersheriff / CFIX Intelligence Subj ect: Criminal Intelligence This order consists of the following: 1. Purpose 2. Policy 3. Definitions 4. Procedures 1. Purpose The purpose of this policy is to provide for an efficient use of intelligence information to aid in the detection, anticipati on, prevention and monitoring of possible criminal activities and potential threats to the safety of citizens or law enforcement officers. 2. Policy It is the policy of the agency to continually provide intelligence information collection, analysis, and d issemination to support operational units, both within and outside the agency, in the investigation of criminal activities. This information shall be utilized in conformance with the privacy and constitutional rights of individuals. 3. Definitions A. Active – criminal intelligence information shall be considered “active” as long as it is related to intelligence gathering conducted with a reasonable, good faith belief that it will lead to detection of ongoing or reasonably anticipated criminal activity. B. Criminal Intelligence Information – information with respect to an identifiable person or group of persons collected by a criminal justice agency in an effort to anticipate, prevent, or monitor possible criminal activity. C. Criminal Intelligence System – the arrangements, equipment, facilities, and procedures used for the receipt, storage, interagency exchange or dissemination, and analysis of criminal intelligence information. D. Mere Suspicion – circumstances based solely on the investigator’s belief , without supporting evidence that a violation of law is occurring, is about to occur, or has occurred. E. Originator – an agency that has provided criminal intelligence information to this agency. F. Reasonable Suspicion – is established when informatio n exists which establishes sufficient facts to give a trained law enforcement officer a basis to believe that there 16.1.2 , Page 2 of 4 is a reasonable possibility that an individual or organization is involved in criminal activity. G. Third Agency Rule – a traditional impli ed understanding among criminal justice agencies that confidential criminal intelligence information, which is exempt from public review, will not be disseminated without the permission of the originator. 4. Procedures A. Collection of Criminal Intelligen ce Information 1. Criminal intelligence information concerning particular individuals, business entities, groups, enterprises, or their associates, may be collected and maintained when: a. There is reasonable suspicion that the subject may be linked to unlawful activity; b. there is probable cause to believe the subject is guilty of a crime; or c. the subject is a known violator. 2. Criminal intelligence information shall not be collected or maintained based on: a. political affiliation; b. religious or s ocial views; c. associations or activities of any individual or group, unless there is reasonable suspicion of involvement in criminal conduct or activity; or d. mere suspicion of criminal activity. 3. No information that has been obtained in violation of any applicable federal, state, or local law or ordinance shall be included in the criminal intelligence system. 4. Information gathering using confidential informants as well as electronic, photographic, and related surveillance devices shall be performe d in a legally accepted manner and in accordance with procedures established for their use by this agency. B. Dissemination 1. Intelligence information shall be disseminated only where there is a need to know and right to know the data in the performance of a law enforcement activity. a. Records of dissemination will include the recipient of the data, reason for release and date of release. b. Personnel shall abide by the Third Agency Rule. 2. Exemptions to the Third Agency Rule shall include: a. Public r ecords information, such as corporation data, newspaper articles, and vehicle tag and registration data; b. information such as criminal history and disposition data which is available to all law enforcement agencies; c. information received from intellige nce organizations of which this agency and the requestor are both members such as the Law 16.1.2 , Page 3 of 4 Enforcement Intelligence Unit (LEIU), Regional Organized Crime Information Center (ROCIC), Florida Intelligence Unit (FIU), and the Florida Intelligence Center (FIC); d. general intelligence publications or studies specifically intended for general law enforcement use; and e. information which the originator has previously authorized for dissemination for any law enforcement agency. 3. Active criminal intelligence inf ormation shall not be disseminated outside of the agency if such dissemination would: a. Disclose the identity of a confidential source; b. disclose information from an active investigative file without the case agent’s permission; c. jeopardize a pending investigation; d. violate the Third Agency Rule; or e. Endanger the physical safety of law enforcement personnel or others. 4. Information specifically exempted by applicable law from disclosure shall not be made available for public inspection and shall be redacted from any documents processed for public inspection. Exemptions include, but are not limited to: a. active criminal intelligence information; b. any information revealing the identity of confidential informants or sources; c. any information re vealing surveillance techniques or procedures, or personnel d. any information revealing undercover personnel of any criminal justice agency; e. any criminal intelligence information including the photograph, name, address