Police Department Policy

Confidential Informants

Tarpon Springs PD

Policy Text
Tarpon Springs Police Department Confidential Informants General Order # 231 Effective Date: March 15, 2021 Amends: #231 2/2015 Chief Jeffrey P. Young 231.01 POLICY The utilization of confidential informants is lawful and often essential to the effectiveness of properly authorized criminal investigations or intelligence -gathering activities. At the same time, such utilization carries with it special challenges and ri sks that warrant prudent and responsible efforts. Special care must be taken to carefully evaluate and closely supervise the use of confidential informants. Due to the inherent dangers associated with the investigations of drug -related crimes and other ser ious offenses, or similar concerns in any situation in which the use of a confidential informant is anticipated, a priority of such operations is the safety of the persons involved, including the confidential informant, agency personnel, target offender(s) , and the public. Law Enforcement agency operational decisions and actions regarding the use of confidential informants must keep the safety of involved persons a top priority, and agency personnel should exercise the utmost care and judgment in order to minimize the risk of harm to all persons involved. 231.02 PURPOSE Criminal investigations often require the use of Confidential Informants to identify, investigate and prosecute target offenders. This policy will set forth guidelines, accepted by the State of Florida and required by “Rachel’s Law”, in recruiting, selecting and utilizing with the confidential informant. The policy will be followed to preserve the safety of the c onfidential informant, law enforcement personnel, the target, and the public. 231.03 DEFINITIONS Confidential Informant : Any person who, by reason of his or her familiarity or close association with suspected or actual criminals or 1. Who can make a controlled buy or controlled sale of contraband, controlled substances, or other items material to a criminal investigation; or 2. Can or does supply regular or constant information about suspected or actual criminal activities to a law enforcement agency; or 3.Can otherwise provide information important to ongoing criminal intelligence gathering or criminal investigative efforts and who is, through such efforts, seeking to improve his or her status in the criminal justice system. A person’s improved status in the criminal justice system may include, but is not limited to, avoiding an arrest, a reduction or modification of a sentence imposed or to be recommended to be placed against him or her and whose association or cooperation wit h law enforcement must remain unknown to those about whom the information is provided or with whom one or more transactions occur. General Order #231 2 Although not defined by Rachel’s law, the Tarpon Springs Police Department will consider individuals meeting the above de scribed criteria, who are not seeking improvement of status but, rather, are seeking monetary compensation, as a confidential informant. Controlled Buy : The purchase (or attempted purchase) of contraband, controlled substances, or other items material to a criminal investigation from a target offender which is initiated, managed, overseen, or participated in by law enforcement personnel with the knowledge of the confidential informant. Controlled Sale : The sale (or attempted sale) of contrab and, controlled substances, or other items material to a criminal investigation from a target offender which is initiated, managed, overseen, or participated in by law enforcement personnel with the knowledge of the confidential informant. State or local law enforcement agency : An agency having a primary mission of preventing and detecting crime in the enforcement of the penal, criminal, traffic or highway laws of the state and that in furtherance of that primary mission employs law enforcement officers a s defined at section 943.10, Florida Statutes. Target Offender : The person whom law enforcement personnel suspects will be implicated by the activities of a confidential informant. 231.04 Factors to be considered in assessing the suitability of a co nfidential informant, prior to his/her use, shall include : 1. The informant’s age and maturity; 2.The risk the informant poses to adversely affect a present or potential investigation or prosecution; 3. The effect upon agency efforts that the infor mant’s cooperation becoming known in the community may have; 4. Whether the person is a substance abuser, has a history of substance abuse, or is known by the lead investigator or officer to be involved in a court -supervised drug treatment program or drug-related pretrial intervention program; 5. The risk of physical harm that may occur to the person, his or her immediate family, or close associates as a result of providing information or assistance, or upon the person’s assistance becoming known i n the community; 6. Whether the person has shown any indication of emotional instability, unreliability, or of furnishing false information; 7. The person’s criminal history and/or prior criminal record; 8. Whether the nature of the matter being inv estigated is such that the use of the informant is important to, or vital to, the success of the investigation. 231.041 Each officer or personnel of the Tarpon Springs Police Department involved in the recruitment or use of a confidential informant will be trained in accordance with these policies and procedures. General Order #231 3 231.05 Evaluation and Utilization of Confidential Informants , The law enforcement officer shall: 1. Conduct an extensive interview 2. Attempt to establish the informant’s motive(s) 3. Obtain as much background information as possible, including contact with law enforcement agencies, prior use as an informant and criminal history record 4. Evaluate the informant’s usefulness a nd truthfulness 5. Afford any person who is requested to

Why Attorneys Choose FlawFinder

Side-by-side with Westlaw and LexisNexis

FeatureWestlawLexisNexis
Monthly price$19 - $99$133 - $646$153 - $399
ContractNone1-3 year min1-6 year min
Hidden fees$0, alwaysUp to $469/search$25/mo + per-doc
Police SOPs✓ 310+ departments
Zero-hallucination AI✓ CitationGuard
CancelOne clickTermination feesNo option to cancel
FlawFinder provides legal information, not legal advice. Consult an attorney for specific legal guidance.