Police Department Policy

301621

Orange County Sheriffs Office

Policy Text
ORANGE COUNTY SHERIFF'S OFFICE GENERAL ORDER Effective Date: February 20, 2024  Amends - GO 16.1.8 ( January 11, 2023 ) Number: 16.1.8 Distribution: All Personnel Review Month: January Reviewing Authority: SOD / Narcotics Subject: Investigative Funds 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 gathering of evidence or information in criminal investigations through the use of Investigative Funds. 2. Policy Sound fiscal management in the Investigative Funds process is necessary to protect the integrity of the agency. Investigative Funds must be carefully controlled, documented, and evaluated for use within the stated purpose. 3. Definitions Investigative Funds - currency provided to sworn personnel exclusively for the furtherance of investigations. 4. Procedures A. The Narcotics Section Commander is designated as the agency custodian of Investigative Funds and shall disburse funds to managers or supervisors of divisions, sections or units which require the use of Investigative Funds in the performance of official duties. All requests for Cryptocurrency Investigative Wallets will be in accordance with GO 16.1.17. B. All personnel who use Investigative Funds shall keep a written record of fund disbursements, including acknowledgment of receipt by persons to whom the funds were disbursed. C. Disbursements will be made in amounts which are reasonable in consideration of the day-to-day needs of operational components. D. Managers and supervisors shall maintain records of amounts which they have received for disbursement to their subordinates. Managers and supervisors shall also maintain a running balance of funds issued to subordinates. Note : Managers and supervisors shall confirm subordinates do not accumulate an unreasonably high balance of Investigative Funds. 16.1.8, Page 2 of 4 E. Personnel in possessi on of investigative funds shall a ccurately complete Investigative Fund Receipts (IFR) and timely submit them to their supervisors. 1. The IFR will reflect: a. The amount of payment. b. The disbursing deputy's name. c. The Confidential Informant number, if applicable. d. The Confidential Informant's signature and thumb print. e. The information or material purchased. f. A detailed explanation for expenses of law enforcement action taken. g. The date of disbursement. h. The corresponding c ase number, if any. i. The evidence Item Number, if any. j. The disbursing deputy's signature. k. The signature of a second deputy witnessing the disbursement. l. The signature of the disbursing deputy's supervisor. m. The appropriate Single Event Spending Level Authorit y signature will be obtained. 2. Produce, at any time, those Investigative Funds which are currently issued or receipts detailing disbursements. 3. Take every reasonable measure to protect the funds from loss or theft. F. Requests for investigative funds must be made to the Narcotics Section Commander by a Captain or above via Interoffice Memorandum. Personnel receiving funds from the Narcotics Section Commander shall make quarterly audits and reports to the Narcotics Section Commander , with the exception of Criminal Intelligence. The Criminal Intelligence Commander shall submit the quarterly report to the Undersheriff. The Narcotics Section Commander shall then submit a quarterly report to the Special Operations Division Commander. All personne l to whom Investigative Funds are issued by the Narcotics Section Commander shall provide all original expenditure forms, with original receipts attached, to the Narcotics Section Commander during the fourth quarter audit. The original expenditure forms an d receipts will be securely stored by the Narcotics Section Commander for future retrieval. Personnel receiving investigative funds from the Narcotic s Section Commander may photocopy the forms and receipts for their records but the originals must be stored in the secure file maintained by the Narcotics Section Commander. All funds delivered to the Fiscal Management Division will be verified and a receipt issued to the Narcotics Section Commander . G. Investigative Funds Request Procedures 1. Deputies are allotted confidential funds to utilize at their discretion . Deputies shall not pool their allotted funds to circumvent the Single Event Spending Level authority approval. 2. To request additional funds deputies shall submit all Investigative Funds receipt paperwork through the chain of command to the appropriate level of 16.1.8, Page 3 of 4 approval defined in GO 16.1.8 . 3. The approving supervisor shall approve and sign the paperwork and disburse the funds. Approval can b e given via phone, email, and the paperwork can be retroactively signed by the Authority level but the IVR will note the date and time and how the approval was given. H. The following are pre -approved uses of Investigative Funds: 1. The purchase of contraband in furtherance of investigations. 2. Payments to approved Confidential Informants for direct assistance and/or information related to criminal investigations. 3. Investigative expenses such as: a. Beverages while actually engaged in a surv eillance at a restaurant or bar. b. Gasoline for undercover vehicles when needed during an actual undercover operation. c. Other items as approved via chain of command. 4. Investigative Funds ar e not to be used for personal benefit of employees. 5. Payments to casual sources provided that: a. Payments are approved by a supervisor. b

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