Policy Text
CATEGORY DATE ADOPTED LAST REVIEW
1 08/27/2018 02/01/2019
TUSTIN POLICE DEPARTMENT GENERAL ORDERS
________________ ___________
442 – Criminal Intelligence Procedures 1 POLICY 442 CRIMINAL INTELLIGENCE PROCEDURES
442.1 PURPOSE AND SCOPE
The purpose of this policy is to ensure that the Tustin Police Department appropriately utilizes
criminal intelligence systems and temporary information files to support investigations of criminal
organizations and enterprises.
442.1.1 ACCREDITATION STANDARDS
This section pertains to the following CALEA Standards: 1.2.3 , 40.2.1 , 40.2.3 , 82.3.5
442.1.2 DEFINITIONS
Definitions related to this policy include:
Criminal intelligence syst em – Any shared record s system that receives, stores, exchanges, or
disseminates information that has been evaluated and determined to be relevant to the
identification of a criminal organization or enterprise, its members or affiliates. This does not
include temporary information files.
442.2 DEPARTMENT POLICY
The Tustin Police D epartment recognize s that certain criminal activities, including but not lim ited to
criminal street gang crimes and drug tra fficking, often involve some degree of regular coordi nation
and may involve a large number of participants over a broad geographical area.
It is the policy of the d epartment to collect and share relevant information while respecting the
privacy and legal rights of the public.
442.3 CRIMINAL INTELLIGENCE S YSTEMS
No department member shall create, submit to, or obtain information from a criminal intelligence
system unless the Chief of Police has approved the system for department use.
Any criminal intelligence system approved for department use should meet or exceed the
standards of 28 CFR 23.20.
A designated supervisor will be responsible for maintaining each criminal intelligence system
approved for department use. The supervisor or the authorized designee should ensure the
following:
a) Members using any such system are appropriately selected and trained;
b) Use of every criminal intelligence system is appropriately reviewed and audited;
c) Any system security issues are reasonably addressed.
CATEGORY DATE ADOPTED LAST REVIEW
1 08/27/2018 02/01/2019
TUSTIN POLICE DEPARTMENT GENERAL ORDERS
________________ ___________
442 – Criminal Intelligence Procedures 2 442.3.1 SYSTEM ENTRIES
It is the Gang Reduction and Directed Enforc ement (GRADE) Unit Supervisor’s responsibility as
the Custodian of Records for the Tustin Police Department’s shared criminal databases to approve
the entry of any information from a report, Field Interview (FI) card, photograph , or other relevant
document into an authorized criminal intelligence system. If entries are made based upon
information that is not on file with the department, such as open or public source documents or
documents that are on file at another agency, the designated supervisor should ensure copies of
those documents are retained by the Records Unit. Any supporting documentation for an entry
shall be retained by the Records Unit in accordance with the established records retention
schedule and for at least as long as the entry is mainta ined in the system.
The GRADE supervisor should ensure that any documents retained by the Records Unit are
appropriately marked as intelligence information. The Records Unit Supervisor may not purge such
documents without the approval of the GRADE supervi sor.
442.3.2 GANG DATABASES
The Chief of Police may approve participation by the GRADE Unit in a shared criminal gang
intelligence database, such as CALGANG ®. Members must obtain the requisite training before
accessing any such database.
It is the GRADE Unit supervisor’s responsibility to determine whether any report or FI contains
information that qualifies for entry into the database. Prior to designating any person as an active
participant in a criminal street gang in a shared gang database; or submit ting a document to the
Attorney General’s Office for the purpose of designating a person in a shared gang database; or
otherwise identifying the person in a shared gang database, the GRADE Unit supervisor shall
provide written notice to the person, and, if the person is under the age of 18, to his/her parent or
guardian of the designation and the basis for the designation, unless providing that notification
would compromise an active criminal investigation or compromise the health or safety of a minor.
Notice shall also describe the process to contest the designation ( Penal Code §186.34).
The person or his/her parent or guardian may contest the designation by submitting written
documentation , which shall be reviewed by the GRADE Unit supervisor. If it is de termined that the
person is not an active participant in a criminal street gang, the person shall be removed from the
database. The person and /or the parent or guardian shall be provided written verification of the
department decision within 30 days of rec eipt of the written documentation contesting the
designation and shall include the evidence supporting the basis for the individual’s continued
inclusion in the database when applicable ( Penal Code §186.34).
The department shall also provide a response to a person or his/her attorney who requests
information as to whether the person has been designated as an active participant in a criminal
street gang in a shared gang database and what law enforcement agency made the designation.
The request may also come from a guardian or parent if the person is under 18 years old. If the
Tustin Police Department made the designation and the person requests to know the basis for
including him/her in the database, the basis for inclusion shall be provided