Police Department Policy

doc_1004908

Santa Ana PD

Policy Text
Procedure 6030Santa Ana Police Department Santa Ana PD Procedures Manual Copyright Lexipol, LLC 2020/01/31, All Rights Reserved. Published with permission by Santa Ana Police DepartmentINFORMANT HANDLING AND MAINTENANCE - 1INFORMANT HANDLING AND MAINTENANCE 6030.1 PURPOSE This procedure provides guidance on how members should control and maintain informants and informant files. 6030.2 INTRODUCTION The prosecution and conviction of law violators is a critical element in the Santa Ana Police Department’s goal to enhance the safety, livability and prosperity of our community. Informants commonly provide information concerning criminal activity that is valuable in combating crime. While informants can provide value, they can also create potential liability. To maximize an informant’s usefulness and limit the Department’s liability, an informant’s involvement in a criminal investigation shall be monitored by an officer/detective and their direct supervisor. These procedures establish guidelines in handling informants, the responsibilities in maintaining an informant file, and the process in terminating the use of a confidential informant and compliment the policies governing the use of informants. 6030.3 MAINTENANCE OF INFORMANT FILES An informant file is intended to provide a source of background information about an informant, enable review and evaluation of information provided by an informant, and minimize incidents that could be used to question officer integrity or the reliability of an informant. The handling officer is responsible for updating the informant file (informant log.)The handling officer’s Supervisor is responsible for approving all updates. The informant file update shall include: 1.Instances where an informant provides assistance to SAPD 2.Brief summary of the involvement of the informant and circumstances of the investigation 3.Brief summary of an informant’s unmonitored contact with suspect(s) 4.Directions and instructions provided to the informant 5.Any benefit provided to the informant (financial, release from custody, etc.) 6.Any unreliable information given by the informant 7.Any changes to the informant’s contact information (phone number, address, etc.) 8.Any admonishments to the informant, advising him/her of their deactivation 9.Name of the supervisor who meets with the informant annually After the handling officer completes the Informant Log, it should be reviewed and signed by the handling officer’s supervisor and forwarded to the Special Investigations Commander who will place it in the informants file. Santa Ana Police Department Santa Ana PD Procedures Manual INFORMANT HANDLING AND MAINTENANCE Copyright Lexipol, LLC 2020/01/31, All Rights Reserved. Published with permission by Santa Ana Police DepartmentINFORMANT HANDLING AND MAINTENANCE - 26030.4 JUVENILE INFORMANTS The use of juvenile informants under the age of 13 years is prohibited. Except as provided for in the enforcement of the Tobacco Enforcement Act, Business & Professions Code § 22950, et seq., the use of any juvenile informant between the ages of 13 and 18 years is only authorized by court order pursuant to Penal Code § 701.5. 6030.5 GUIDELINES IN HANDLING INFORMANTS 6030.5.1 HANDLING OFFICER'S RESPONSIBILITIES To maintain officer/informant integrity, the following must be adhered to: 1.Officers shall meet with informants during on-duty hours. To avoid accusations of misconduct, no officer shall meet with an informant unless accompanied by at least one additional officer or with prior approval of the handling officer’s direct supervisor. The handling officer’s direct supervisor shall also be notified and approve all meetings and the location of the meeting 2.Officers shall conduct searches of the informant, before and after an operation, exchange, or contact involving suspects 3.Officers shall not promise leniency to the informant for a pending criminal charge 4.Officers shall not promise a specific payment amount for paid informants unless they have received prior approval from the Crimes Against Persons Commander/Special Investigations Commander 5.Officers using defendant informants must have the approval from their direct supervisor, the Crimes Against Persons/Special Investigations Division Commander, and the appropriately assigned Deputy District Attorney and/or their supervisor. Each defendant informant poses a unique level of approvals (e.g. “third strike” defendants, defendants with a significant violent history, defendant looking for consideration in a DUI or domestic violence case, etc.) 6.Officers shall not withhold the identity of an informant from his/her direct supervisor 7.Identities of informants shall otherwise be kept confidential and referred to as their assigned informant number 8.Criminal activity by informants shall not be condoned 9.Informants shall be advised they are not acting as police officers, employees or agents of the Santa Ana Police Department, and they shall not represent themselves as such 10.Social contact shall be avoided unless necessary to conduct an official investigation and only with prior written approval of the Crimes against Persons or Special Investigations Division Commander or Chief’s designee 11.Officers shall instruct the informant to minimize unmonitored contact with suspects. When such unmonitored contacts occur, the informant should contact the handling officer as soon as practical and relate the circumstances and substance of the contact 12.In all instances when department funds are paid to informants, a payment voucher shall be completed itemizing the expenses. The payment shall be witnessed by an Santa Ana Police Department Santa Ana PD Procedures Manual INFORMANT HANDLING AND MAINTENANCE Copyright Lexipol, LLC 2020/01/31, All Rights Reserved. Published with permission by Santa Ana Police DepartmentINFORMANT HAND

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