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Policy 603Santa Ana Police Department Santa Ana PD Policy Manual Copyright Lexipol, LLC 2020/01/31, All Rights Reserved. Published with permission by Santa Ana Police DepartmentInformants - 1Informants 603.1 PURPOSE AND SCOPE The purpose of this policy is to provide guidelines for the use of informants. 603.1.1 DEFINITIONS Definitions related to this policy include: Informant - A person who covertly interacts with other individuals or suspects at the direction of, request of, or by agreement with, the Santa Ana Police Department for law enforcement purposes. This also includes a person agreeing to supply information to the Santa Ana Police Department for a benefit (e.g., a quid pro quo in the form of a reduced criminal penalty, money) DA's office involvement (Informant Integrity section of this policy). 603.2 POLICY The Santa Ana Police Department recognizes the value of informants to law enforcement efforts and will strive to protect the integrity of the informant process. It is the policy of the Department that all funds related to informant payments will be routinely audited and that payments to informants will be made according to the criteria outlined in this policy. 603.3 USE OF INFORMANTS 603.3.1 INITIAL APPROVAL Before using an individual as an informant, an officer must receive approval from his/her supervisor. The officer shall compile background investigation including experience with the informant to determine the suitability of the individual, including age, maturity and risk of physical harm, as well as any indicators of his/her reliability and credibility. Members of the Department should not guarantee absolute safety or confidentiality to any informant. 603.3.2 JUVENILE INFORMANTS The use of informants under the age of 13 is prohibited. Except for the enforcement of laws related to the commercial sale of alcohol, marijuana or tobacco products, a juvenile 13 years of age or older may only be used as an informant with the written consent of each of the following: (a)The juvenile’s parents or legal guardians (b)The juvenile’s attorney, if any (c)The court in which the juvenile’s case is being handled, if applicable (Penal Code § 701.5) (d)The Chief of Police or the authorized designee Santa Ana Police Department Santa Ana PD Policy Manual Informants Copyright Lexipol, LLC 2020/01/31, All Rights Reserved. Published with permission by Santa Ana Police DepartmentInformants - 2603.3.3 INFORMANT AGREEMENTS All informants are required to sign and abide by the provisions of an Informant Agreement. The officer using the informant shall discuss each of the provisions of the agreement with the informant in advance of the informant entering the agreement. Details of the agreement are to be approved in writing by a supervisor before being finalized with the informant. 603.4 INFORMANT INTEGRITY To maintain the integrity of the informant process, the following must be adhered to: (a)The identity of an informant acting in a confidential capacity shall not be withheld from the Chief of Police, Bureau Commander, Crimes Against Persons/Special Investigations supervisor or their authorized designees. 1.Identities of informants acting in a confidential capacity shall otherwise be kept confidential. (b)Criminal activity by informants shall not be condoned. (c)Informants shall be told they are not acting as police officers, employees or agents of the Santa Ana Police Department, and that they shall not represent themselves as such. (d)The relationship between department members and informants shall always be ethical and professional. (a)Members shall not become intimately involved with an informant. (b)Social contact shall be avoided unless it is necessary to conduct an official investigation, and only with prior written approval of the supervisor. (c)Members shall neither solicit nor accept gratuities or engage in any private business transaction with an informant. (e)Officers shall not meet with informants in a private place unless accompanied by at least one additional officer or with prior written approval of their supervisor. 1.Officers may meet informants alone in an occupied public place, such as a restaurant. (f)When contacting informants for the purpose of making payments, officers shall arrange for the presence of another officer. (g)In all instances when department funds are paid to informants, a voucher shall be completed in advance, itemizing the expenses. (h)Since the decision rests with the appropriate prosecutor, officers shall not promise that the informant will receive any form "consideration" for the information provided, up to and including, release from custody, leniency or immunity from criminal prosecution or monetary compensation. Santa Ana Police Department Santa Ana PD Policy Manual Informants Copyright Lexipol, LLC 2020/01/31, All Rights Reserved. Published with permission by Santa Ana Police DepartmentInformants - 3603.4.1 UNSUITABLE INFORMANTS The suitability of any informant should be considered before engaging him/her in any way in a covert or other investigative process. Members who become aware that an informant may be unsuitable will notify the supervisor, who will initiate a review to determine suitability. Until a determination has been made by a supervisor, the informant should not be used by any member. The supervisor shall determine whether the informant should be used by the Department and, if so, what conditions will be placed on his/her participation or any information the informant provides. The supervisor shall document the decision and conditions in file notes and mark the file “unsuitable” when appropriate. Considerations for determining whether an informant is unsuitable include