Police Department Policy

01-31_Management of Informants_3078-12262019

Sacramento County Sheriff

Policy Text
Page 1 of 4 1/31 (REV 2/18) GENERAL ORDER MANAGEMENT OF INFORMANTS The purpose of this order is to e stablish the requirements for and provide information for managing informants. General The employment of confidential in formants to obtain evidence i s a vital function of investigations. All officers are encouraged to develop worth while, productive informants in all fields of criminal activity. Related General Orders are 1/30 ( Informant Files – Documenting the Use and Payment of Informants ) and 1/29 ( The Use, Responsibility and Accounting of Divisional Unclassified Funds ). Criminal Informant Traits Through years of experience, offi cers have learned many import ant traits about criminal informants. The criminal informant who informs to them is equally willing to inform on them. In some cases, informants have gone to other law enforcement ag encies to report alleged misconduct by officers w hen they believe they have been mistreated. Some criminal informants attemp t to “work” police officers for a variety of reasons: Eliminate competitors. Gain information. Keep officers engaged in one direct ion so their crime partner( s) can commit other crimes. Informing on less serious crimi nals to protect their true crim e partner(s). With this knowledge it is critic al that relationships between officers and informants are completely e thical and professional. Conduct Requirements Officers shall adhere to the fo llowing requirements when worki ng with informants: Officers shall obtain approval fr om their immediate supervisor before utilizing any informant. Page 2 of 4 1/31 (REV 2/18) Officers shall complete a check with the Western States Inform ation Network (WSIN) which maintains an unreliable informant file. Social contact will be strictly avoided unless necessary in th e furtherance of the official investigation and t hen only with prior consent of the officer’s supervisor. Officers shall not permit any illegal act by an informant, unl ess approved by a supervisor in furtherance of an investigation. Officers shall not accept any gi fts or gratuities from an info rmant. No officer or agent of the Sher iff’s Department shall “chip ba ck” any narcotics to an informant for their services . Section 11367 H&S does not pro vide immunity for officers involved in this activity. No officer will withhold the ident ity of an informant from the ir supervisor. This includes the informant’s nam e, address, and background. No money will be paid to an informant for future production of information or for non-specific information. When contacting informants the o fficer shall arrange for the p resence of another officer. Informants Working for Consideration In all cases where an informan t desires to work for considerat ion on a pending criminal case, officers must fo llow the steps outlined below: The officer shall notify their supervisor of the details and c onditions of the potential agreement, and obtain approval. Complete a check with the West ern States Information Network ( WSIN) which maintains an unreliable informant file. Consult with the division comm ander of another division or the appropriate supervisor of an outside agency i f the arrest for which the inf ormant is seeking consideration involves them pri or to making any deals with the informant. Contact the appropriate supervisi ng Deputy District Attorney w ith specific, detailed information on the info rmant’s current charges, crimin al history, and the anticipated work the informant will perform to receive consider ation. The supervising Deputy DA is t he only person authorized to mak e the decision as to what consideration will be given and will be responsible for completing a written contract. Read the contract to the inform ant to make certain they unders tand the terms of the contract. Sign the contract along with t he informant and the supervising Deputy DA. The signed contract will be kep t in a locked confidential file in the office of the supervising Deputy DA. Page 3 of 4 1/31 (REV 2/18) Instruct the informant that all terms of the contract are bind ing and the contract will become void if the informant becomes involved in any illeg al activity unless supervised or directed by the officer. Use of Juvenile Informants Officers are discouraged from u sing juveniles as informants. H owever, if the occasion arises where it becom es necessary, officers must follo w the steps outlined below: Obtain approval of the division commander. Obtain consent of a parent or guardian unless the parent or gu ardian is the suspect in the investigation. Obtain consent from the court, i n writing, when the juvenile i s a ward of the court. Protect the juvenile throughout the investigation making certa in the welfare of the juvenile is the primary goal. Procedures for Management of Informants Debriefing Informants It is critical to completely debrief potential informants. Do not limit the scope of these debriefings to one area. Att empt to obtain information on all areas of criminal activity. Communication with Supervisor All officers must obtain approval from their immediate supervi sor before utilizing any informant. It is extremely important for the officer to st ay in communication with their supervisor to discuss any control problems and concerns w hich may develop, and to keep the supervisor apprised o f the progress of cases using informants. If the need arises to terminate use of the in formant, the supervisor must b ecome involved in this process. Terminating Use of an Informant Do

Why Attorneys Choose FlawFinder

Side-by-side with Westlaw and LexisNexis

FeatureWestlawLexisNexis
Monthly price$19 - $99$133 - $646$153 - $399
ContractNone1-3 year min1-6 year min
Hidden fees$0, alwaysUp to $469/search$25/mo + per-doc
Police SOPs✓ 310+ departments
Zero-hallucination AI✓ CitationGuard
CancelOne clickTermination feesNo option to cancel
FlawFinder provides legal information, not legal advice. Consult an attorney for specific legal guidance.