301619

ORANGE COUNTY SHERIFF'S OFFICE GENERAL ORDER Effective Date: October 5, 2019  Amends - GO 16.1.7 ( April 20, 2012 ) Number: 16.1.7 Distribution: All Personnel Review Month: November Reviewing Authority: SOD / Narcotics Subject: Informants 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 the use of informants as an alternative method for achieving successful investigations. 2. Policy The Sheriff' s Office will investigate all crimes using whatever legal, ethical, and reasonable investigative methods available. If informants are used during an investigation, they shall be properly documented, controlled and monitored . The informant's unique role in an investigation requires deputies to be ever -vigilant as to the actions of all informants. Supervisory and management personnel shall provide appropriate oversight to assure the utilization of informants is within policy and complies with applicable law . Furthermore, the priority of the Orange County Sheriff’s Office during agency operational decisions and actions regarding the use of Confidential Informants is to preserve the safety of the Confidential Informants, law enforcement personnel, the target offender , and the public. 3. Definitions A. Casual Sources - persons who may be paid for providing assistance to law enforcement, but otherwise do not qualify for classification as Confidential Informants because they provide information on a limited basi s and are not actively involved in the criminal activity or transaction. B. Confidential Informant – a person who cooperates with a law enforcement agency confidentially in order to protect the person or the agency’s intelligence gathering or investigativ e efforts 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; or seeks monetary compensation in exchange for his or her cooperation with the law enforcement agency; o r cooperates with the law enforcement agency without tangible consideration; and 2. is able, by reason of his or her familiarity or close association with suspected criminals, to: 16.1.7, Page 2 of 8 a. make controlled buy s or controlled sale s of contraband, controlled subs tances, or other items 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. C. Confidential Informant Custodian – the Narcotics Section Commander or designee who manages, maintains and reviews the agency’s Confidential Informant and Casual Source files. D. Controlled Buy – the purch ase (or attempted purchase) of contraband, controlled substances, or other items material to a criminal investigation f rom a target offender which is initiated, managed, overseen, or participated in by law enforcement personnel with the knowledge of the Co nfidential Informant. E. Controlled Sale (“Reverse”) – 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, overseen, or participated in by law enforcement personnel with the knowledge of the Confidential Informant. F. Extravagance - the measurement of Confidential Informant payments made by comparing the payment to the amount of work the Confidential Informant performed, risks involved, and the willingness of the Confidential Informant to remain involved in judicial proceedings. G. Substantial Assistance Agreement - a formal written contract between the State Attorney and a defendant in which the State may move the sentencing court to reduc e or suspend the sentence of the defendant who is convicted of a violation of state law as a result of the defendant providing assistance to the State in the identification, arrest, or conviction of any of the defendant's accomplices, accessories, co -consp irators, principals, or any other person engaged in the violation of state law. The agency representative is merely the controlling agent in these agreements. He or she reports to the State Attorney on either the successful conclusion of the agreement or the Confidential I nformant’s unwillingness to fulfill it. Confidential Informants working under a substantial assistance agreement are not normally paid for their work. However, certain situations may arise wherein utilization of investigative funds for a Confidential I nformant may be considered. In these situations, the Division Commander will be briefed, and make a determination whether the expenditure is appropriate. If approved, the Division Commander shall document his or her approval and attach it to the Investigative Fund receipt. H. Target Offender – the person whom law enforcement personnel suspects will be implicated by the activities of a Confidential Informant or Casual Source. 4. Procedures A. The first priority during operational decision s and actions regarding the use of Confidential Informants (CI) or any other person who is a source of information regarding criminal investigative or criminal intelligence efforts is to preserve the 16.1.7, Page 3 of 8 safety of the CI or other person who is a source of info rmation, law enforcement personnel, the target offender and the public. B. Prior to a deputy sheriff utilizing the assistance of a CI the deputy sheriff shall receive agency approved training in the policy