Policy Text
\n\n--- Page 1 ---\n\n\n\n--- Page 2 ---\n\nTALLAHASSEE POLICE DEPARTMENT
overriding priority in the management of confidential informants is the safety of all
persons involved in such utilization.
DEFINITIONS
Confidential Informant (CI): A person who cooperates with the Department
confidentially in order to protect the person or the Department’s intelligence
gathering or investigative efforts. This includes a person who seeks to avoid
arrest or prosecution for a crime, or mitigate punishment for a crime in which a
sentence will be or has been imposed; and is able, by reason of their familiarity
or close association with suspected criminals, to make a controlled buy or
controlled sale of contraband, controlled substances, or other items that are
material to a criminal investigation, supply regular or constant information about
suspected or actual criminal activities to the Department, or otherwise provide
information important to ongoing criminal intelligence gathering or criminal
investigative efforts.
Confidential Source: A person who provides intelligence without thought of
personal gain (e.g., good citizen) or someone who provides intelligence for
monetary gain.
Reliable Confidential Informant (RCI): A confidential informant who has
furnished information in more than two separate matters, who has been found to
be credible through independent sources and investigation and has satisfactorily
fulfilled all other criteria to be utilized as a CI.
Substantial Assistance (Agreement): An agreement between the prosecuting
attorney and a defendant in which the government may move the sentencing
court to reduce or suspend the sentence of a defendant who is convicted of a
violation of criminal law or pursuing a plea bargain and provides assistance to the
government in identifying, arresting, or convicting of any of the defendant’s
accomplices, accessories, co-conspirators, principals, or any other person
engaged in a violation of state or federal law.
PROCEDURES
I. CONFIDENTIAL INFORMANT FILES
A. A documentation file shall be established for each person utilized as a
CI (referred to as a CI file).
B. All CI files shall be kept together in a separate and secure manner
which protects the confidentiality of each CI (referred to as the master
file).
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C. The master file shall be maintained within the Special Investigations
Section (SI) of the High-Risk Offender (HRO) Bureau.
D. It is the responsibility of the HRO Bureau Commander or designee to
ensure all CI information is kept secure within the SI offices.
E. Regardless of the work assignment of the member utilizing a CI, each
CI file will be maintained in the master file.
F. Members shall not create or maintain duplicate or separate CI files.
G. Only the SI Section Commander, or higher rank, may authorize
dissemination of a CI’s personally identifiable information.
H. CI files are subject to inspection by the Chief of Police or designee.
I. The Office of Professional Standards shall conduct audits of the CI
files on an annual basis and as otherwise directed by the Chief of
Police.
J. The HRO Bureau Commander is responsible for ensuring the
completion of a documented annual administrative review of agency
practices on the recruitment, control and utilization of confidential
informants to ensure conformity with Department written directives and
procedures and Florida Statutes.
K. The HRO Bureau Commander is responsible for limiting and tracking
access to the confidential informant files utilizing a logbook stored
inside the locked cabinet with the files. The locked cabinet may only
be opened using keys assigned to three supervisors in the unit.
II. RECRUITMENT OF CONFIDENTIAL INFORMANTS
A. Confidential informants shall be recruited in accordance with Florida
Statute 914.28 and TPD General Orders.
B. Confidential informants may be recruited in a number of ways,
including but not limited to:
1. Contact with officers or detectives during arrest situations.
2. Contact with officers or detectives during criminal investigations or
citizen contacts.
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3. Information provided to officers or detectives by a third party or
concerned citizen.
C. Officers/detectives shall consult with Special Investigations Detectives
to assist with deconfliction and recruitment efforts.
D. Officers/detectives shall consider the factors detailed in Section III E
below throughout the recruitment process..
E. The recruitment of a confidential informant is not complete until the
Confidential Informant Approval Process is complete.
III. CONFIDENTIAL INFORMANT APPROVAL PROCESS
A. Members shall document any person intended to be utilized as a CI or
who is currently being utilized as a CI by following the prescribed
procedures of this written directive.
B. A member seeking to receive approval to utilize a person as a CI shall
complete a CI documentation package containing the following
items/information:
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C. Completion of the CI documentation package with the CI shall be
recorded via electronic media. The original recording shall be
maintained in the person’s CI file.
D. Upon completion of the CI documentation package, the member shall
present it to the appropriate SI unit supervisor for approval.
E. The appropriate SI unit supervisor shall review the CI documentation
package and independently assess the suitability of the person’s
utilization as a CI. The following factors, in addition to others identified
within this written directive, shall be utilized in assessing their
suitability:
H. If the unit supervisor approves of the person being utilized as a CI, the
supervisor shall forward the CI documentation package to the SI
Commander or HRO Bureau Commander for review and consideration
of approval.
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1. If approved by the SI Commander or HRO Bureau Commander, the
person will be assigned a CI control number.
2. The documentation package becomes the numbered CI file.
I. The CI control number shall be utilized for the documentation of
payments, tracking of the CI activities and, as appropriate, used within
other reports and documents.
J. The SI Commander, in consultation with the HRO Bureau Commander,
may grant temporary verbal approval for the utilization of a CI when it
is operationally necessary, but not practical to complete the
documentation package prior to utilization, however:
1. The person must meet all of the identified requirements, and
2. The documentation package must be completed as soon as
practical.
K. If it is determined the CI is currently assisting another agency, the
agency shall be contacted to determine that no duplication or conflict of
efforts will occur, as well as to establish the reliability of the confidential
informant.
L. If it is determined a potential CI is currently on probation or parole
status, pre-trial release, in a diversion program, or any other court
sanctioned supervision, the member wanting to utilize the person as a
CI shall notify the appropriate legal authority prior to approval.
IV. TRAINING REQUIREMENTS
A. Only members who have successfully completed Department-
approved training in the recruitment, control and management of
confidential informants are authorized to manage the involvement of
CIs during investigations and/or operations.
B. The training topics must include, at a minimum: the guidelines to
recruit and manage informants, role of the informant and investigator,
utilization and documentation of informants, legal constraints and
ramifications, safety and training i