Police Department Policy

go-62.pdf

Tallahassee Police Department

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). GENERAL ORDER 62 PAGE 2 of 13 MANAGEMENT OF CONFIDENTIAL INFORMANTS JANUARY 15, 2025\n\n--- Page 3 ---\n\nTALLAHASSEE POLICE DEPARTMENT 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. GENERAL ORDER 62 PAGE 3 of 13 MANAGEMENT OF CONFIDENTIAL INFORMANTS JANUARY 15, 2025\n\n--- Page 4 ---\n\nTALLAHASSEE POLICE DEPARTMENT 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: GENERAL ORDER 62 PAGE 4 of 13 MANAGEMENT OF CONFIDENTIAL INFORMANTS JANUARY 15, 2025\n\n--- Page 5 ---\n\nTALLAHASSEE POLICE DEPARTMENT 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. GENERAL ORDER 62 PAGE 5 of 13 MANAGEMENT OF CONFIDENTIAL INFORMANTS JANUARY 15, 2025\n\n--- Page 6 ---\n\nTALLAHASSEE POLICE DEPARTMENT 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

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