Police Department Policy

go-87.pdf

Tallahassee Police Department

Policy Text
\n\n--- Page 1 ---\n\n\n\n--- Page 2 ---\n\nTALLAHASSEE POLICE DEPARTMENT PD Form Utilization and Approval Processes Procedure II Search Warrant Procedures – For Officers Procedure IX Search Warrant Procedures – Obtaining the Warrant Procedure X Search Warrant Procedures – Non-Service and Filing Procedure XV Search Warrant Service – Briefing Procedure XII Search Warrant Service – Execution Procedure XIII Search Warrant Service – Planning Procedure XI Surveillance Operations Appendix Four Temporary Storage of Search Warrant Evidence Procedure XIV Types of Investigative Operations Appendix Three Undercover Operations Appendix Five POLICY Members are responsible for adhering to the Department’s established protocols in the planning, execution and documentation of investigative operations and search warrant service. 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 who 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. Contraband: An illegal or suspected illegal item, even if the item is illegal only by virtue of the present circumstances (e.g., firearm offenses involving convicted felons, controlled substance possessed without a valid prescription, otherwise lawful item used as drug paraphernalia). Event Deconfliction: A process of determining when law enforcement personnel are conducting investigative operations in close proximity to one another at the same time. Investigative Operation: A Department-approved pre-planned action which provides a controlled atmosphere where members can observe criminal activity, discover evidence, make arrests or establish probable cause for search/arrest warrants. GENERAL ORDER 87 PAGE 2 of 37 INVESTIGATIVE OPERATIONS & SEARCH WARRANT PROCEDURES JANUARY 13, 2025\n\n--- Page 3 ---\n\nTALLAHASSEE POLICE DEPARTMENT Operations Plan: A documented detailing of the methods and tasks of certain investigative operations and search warrant services, recorded on one of three PD Forms based on the type of operation/service. Operations Supervisor: The single designated supervisor responsible for maintaining full operational control during the execution of an investigative operation or search warrant service. Secured: For the purpose of a search warrant service, any location 1) under the control of law enforcement which has been cleared of persons, or 2) where investigative efforts have determined it is objectively reasonable to believe the location is unoccupied. (Search) Warrant Service: A Department-approved pre-planned execution of a search warrant. Target: A person, location or object when the focus of an investigative operation. Unsecured: For the purpose of a search warrant service, any location not considered secured as defined above. PROCEDURES I. GENERAL INFORMATION A. This written directive is applicable to all sworn members regardless of assignment or rank. B. Each investigative operation and warrant service shall be well planned in accordance with applicable written directives, legal guidelines and relevant training to ensure: 1. Necessary staffing and proper supervisory span of control, 2. Clearly established goals and objectives, 3. Clearly established operational roles of members and other participants (e.g., other agency law enforcement officers, CIs), and 4. Member and participant safety. C. Members are responsible for referring to and following the PD Form utilization and supervisory approval mandates of the Operations Plan Approval Matrix (PD 427). GENERAL ORDER 87 PAGE 3 of 37 INVESTIGATIVE OPERATIONS & SEARCH WARRANT PROCEDURES JANUARY 13, 2025\n\n--- Page 4 ---\n\nTALLAHASSEE POLICE DEPARTMENT 1. All investigative operations and warrant services require supervisory approval prior to operation/service action. 2. Not all investigative operations and warrant services require an operations plan. 3. Members are not authorized to conduct an investigative operation or a warrant service without supervisory approval. D. Each investigative operation and warrant service shall have only one Operations Supervisor. E. The Operations Supervisor is responsible for ensuring the completion of an after-action report (AAR) for each investigative operation and warrant service where the approval level was the Bureau Commander or higher. 1. The AAR will address outcomes, successes and problems of the operation. 2. The supervisor is responsible for ensuring the AAR is completed in a timely manner. 3. The AAR shall be reviewed by the Section Commander and maintained in a secure file archive within the bureau with operational control of the operation/service. II. PD FORM UTILIZATION AND APPROVAL PROCESSES PD Forms – A. The Operations Plan Approval Matrix (PD 427) is used by members in determining which PD Form is required and the supervisory approval level needed for the particular investigative operation or search warrant service. B. The Search Warrant Service Operations Plan (PD 432) is utilized for pre- planned search warrant service of an unsecured target. C. The Risk Analysis/Threat Assessment (PD 107) is utilized to determine the risk factors involved in the search warrant service of an unsecured target. The completed PD 107 will accompany the PD 432 up the chain of command in the review/approval process. D. The Street Operations Briefing Plan (PD 433) is utilized for the following investigative operations: GENERAL ORDER 87 PAGE 4 of 37 INVESTIGATIVE OPERATIONS & SEARCH WARRANT PROCEDURES JANUARY 13, 2025\n\n--- Page 5 ---\n\nTALLAHASSEE POLICE DEPARTMENT 1. Street-level buy-bust operations, 2. Street-level buy-walk operations, 3. Prostitution operations, 4. ICAC traveler intercepts, 5. Targeted enforcement operations, and 6. When deemed appropriate by the Section Commander. E. The Controlled Investigation Operations Plan (PD 434) is utilized for the following investigative operations: 1. Controlled buys/deliveries utilizing a confidential informant (CI) and/or an undercover officer, and 2. Controlled meetings. Approval Processes – F. Members responsible for creating the operations plan are responsible for submitting the appropriate plan/PD Form and other required documentation to their Unit Supervisor for consideration of approval. G. The Unit Supervisor who receives the operations plan is responsible for the following: 1. Reviewing the plan and any supporting documents to ensure it properly addresses the protocols of this written directive and other applicable policies (e.g., General Order 62, Management of Confidential Informants), 2. As needed, offer critique and direct any needed changes to the plan, and 3. If the operations plan meets the standard in subsection 1 above, approve the plan and forward it and any supporting documents to the Section Commander. H. The Section Commander who receives the operations plan is responsible for the following: 1. Reviewing the plan and any supporting documents to ensure it properly GENERAL ORDER 87 PAGE 5 of 37 INVESTIGATIVE OPERATIONS & SEARCH WARRANT PROCEDURES JANUARY 13, 2025\n\n--- Page 6 ---\n\nTALLAHASSEE POLICE DEPARTMENT addresses the protocols of this written directive and other applicable policies, 2. As needed, offer critique and direct any needed changes to the plan, and 3. If the operations plan meets the standard in subsection 1 above, approve the plan and forward i

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