Police Department Policy

301637

Orange County Sheriffs Office

Policy Text
ORANGE COUNTY SHERIFF'S OFFICE GENERAL ORDER Effective Date: June 2, 2018  Amends - GO 16.1.13 ( January 8, 2016 ) Number: 16.1.13 Distribution: All Personnel Review Month: March Reviewing Authority: SOD / Narcotics Subject: Vice And Narcoti cs Investigations And Operational Plans This order consists of the following: 1. Purpose 2. Policy 3. Definitions 4. Procedures 1. Purpose The purpose of this policy is to confirm vice and narcotics enforcement investigations and operations, including “decoy,” “revers e,” search warrant “raids” and all types of undercover operations, are viewed as an essential part of the agency’s commitment to vice, narcotics and general crime control. These types of activities provide the community a visible sign of the agency’s crime fighting efforts and must be carefully planned if they are to be executed in a safe and effective manner. 2. Policy It is the policy of the agency that vice, narcotics and all undercover investigations and enforcement operations are properly planned and co nducted to promote effectiveness and the safety of agency members and the community. 3. Definitions A. Coordinator - a case agent/supervisor on a vice, narcotics or undercover investigation or operation. B. Undercover - activities engaged in by deputies who, during the course of official investigations, adopt a role, persona, or disguise and pose as co -conspirators with criminal offenders or supervise confidential informants engaged in negotiating for or purchasing narcotics. Examples of undercover activ ities include posing as a buyer or seller of contraband: posing as a vice crimes customer or provider, posing as a member of a criminal organization, and surveillance of an informant during a narcotics purchase or negotiation. 4. Procedures A. Identifying Investigative, Operations and Undercover Targets 1. Effective investigations, operations or raids are predicated on the identification of offense trends, offenders and offense locations. Information obtained through investigative inquiries, citizen comp laints, and efforts of the Criminal Intelligence Section shall be used to identify these trends, offenders, and locations. 16.1.13, Page 2 of 5 2. The following factors should be considered in development of investigative and operational targets: a. Type and frequency of offe nses b. Location(s) of offenses c. Characteristics of offenders and victims d. Viability of effective investigations 3. Questions that should be asked are as follows: a. How reliable is related intelligence information? b. What is the criminal nature of t he problem? c. How important is the problem and what is its community impact? d. What specific investigative information is available? e. What investigative techniques might be used to address the problem? f. Are sufficient resources available to successfu lly conduct the investigation or operation? g. What possible operational problems exist? 4. Personnel conducting vice, narcotics and undercover investigations must prioritize complaints based on the perceived validity and seriousness of the alleged offense(s ) relative to available investigative resources. 5. Personnel engaging in undercover activities must recognize the risk of becoming the unwitting target of enforcement operations conducted by the agency and other law enforcement agencies. Therefore, all Nar cotics Section personnel must de -conflict locations and targets prior to conducting any operations or details in accordance with G O 16.1.16 , Event Deconfliction. 6. Coordinators shall, to suc h degree that operational security is not compromised, coordinate undercover activities with affected agency components as follows: a. Notify the agency component charged with primary enforcement responsibility of the offense targeted by the intended under cover activity. b. Make the notification to a supervisor or above in the affected unit in advance of the intended activity. c. Receive an affirmative response that the intended activity is not in conflict with existing investigations before the undercover activity may be initiated. 7. Personnel initiating “reverse” undercover investigations or operations such as posing as sellers of contraband or a vice providers shall notify all law enforcement agencies with jurisdiction over the intended “reverse” offense. B. Investigation and Operation Planning 1. Supervisors should be cognizant of the special risks which accompany vice and narcotics investigations and operations and shall attempt to ascertain such risks. Supervisors of these operations are responsible f or closely 16.1.13, Page 3 of 5 monitoring the planning and execution of these investigations and/or operations. 2. Investigations and operations that require an Operational Plan will be approved by a Section Lieutenant or above . Operational Plans will include: a. Designatio n of a supervisor and/or coordinator. b. Identification of known or probable target subject(s) or location(s), including any information related to suspect habits, patterns, methods of operations, associates, associated vehicles or locations. c. Identifica tion and description of offense and offender locale and all information regarding factors which may affect the ability of personnel in performing their duties. d. Operational goals and recommended procedures through which goals may be realized. 1. Coordina tors shall assess recommended procedures for potential effectiveness within existing resource and legal constraints. Legal issues related to the operation or investigation will be resolved through Legal Services or the appropriate prosecuting authority. 2. Coordinators shall develop strategies and/or tactics for successful execution of the investigation or operation. This should include plans (when applicable) for specifically identifying, approaching, entering, securing,

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