Police Department Policy

TUSPD_GO_0608_-_Confidential_Informants_74784

Tustin PD

Policy Text
CATEGORY DATE ADOPTED LAST REVIEW 3 01/24/2011 07/01/2018 TUSTIN POLICE DEPARTMENT GENERAL OR DERS _____ ____ _______________ 608 - Confidential Informants 1 POLICY 608 CONFIDENTIAL INFORMANTS 608.1 PURPOSE AND SCOPE In many instances, a successful investigation cannot be conducted without the use of confidential informants . To protect the integrity of the Tustin Police Department and the officers using informants, it shall be the policy of this Department to take appropriate precautions by developing sound informant policies. 608.1.1 ACCREDITATION STANDARDS This section pertains to the following CALEA Standards: 42.2.6 , 42.2.7 , 43.1.2 This section perta ins to the following Standard Operating Procedures: N/A 608.2 INFORMANT FILE SYSTEM The Special Operations Unit Supervisor , or his/her designee , shall be responsible for maintaining informant files. A master file listing all informants by informant con trol number is maintained by the Special Operations Unit Supervisor, and a separate informant file shall be maintained on each confidential informant. The informant files shall be maintained in a secure area within the Special Operations Unit. 608.2.1 FILE SYSTEM PROCEDURE Each file shall be coded with an assigned informant control number. An informant history shall be prepared to correspond to each informant file and should include the following information: a) Informant’s name and/or aliases ; b) Date of birth; c) Physical description: height, weight, hair color, eye color, race, sex, scars, tattoos or other distinguishing features ; d) Current home address and telephone numbers ; e) Current employer(s), position, addresses and telephone numbers ; f) Vehicles owned and r egistration information ; g) Places frequented ; h) Informant’s photograph ; i) Briefs of information provided by the informant and his /her subsequent reliability. If an informant is determined to be unreliable, the informant’s file is marked as "Unreliable ;" j) Name of officer initiating use of the informant ; k) Signed informant agreement ; l) Update on active or inactive status of informant ; m) A notation of a criminal history and Western States Information Network (WSIN) check ; n) Driver’s License printout. CATEGORY DATE ADOPTED LAST REVIEW 3 01/24/2011 07/01/2018 TUSTIN POLICE DEPARTMENT GENERAL OR DERS _____ ____ _______________ 608 - Confidential Informants 2 These files shall be used to provide a source of background information about the informant, enable review and evaluation of information given by the informant, and minimize incidents that could be used to question the integrity of detectives or the reliability of the confiden tial informant. Access to the informant files shall be restricted to the Chief of Police, the Special Operations Division Commander , the Special Operations Supervisor, or their designees. 608.3 USE OF INFORMANTS Before using an individual as a confide ntial informant, an officer must receive approval from the Special Operations Supervisor. The officer shall compile sufficient information through a background investigation in order to determine the reliability , credibility , and suitability of the individ ual, including age, maturity, and risk of physical harm. Before using an individual as a confidential informant, an officer should receive approval from the Orange County District Attorney’s Office Narcotic Enforcement Team (NET) district attorney. 608.3.1 JUVENILE INFORMANTS The use of juvenile informants under the age of 13 years is prohibited . Except as provided for in the enforcement of the Tobacco Enforcement Act, Business & Professions Code §22950, et seq., the use of any juvenile informant betw een the ages of 13 and 18 years is only authorized by court order obtained pursuant to Penal Code §701.5 or on ABC Decoy/Shoulder Taps . For purposes of this policy, a "juvenile informant" means any juvenile who participates, on behalf of this Department, in a pre -arranged transaction or series of pre -arranged transactions with direct face -to-face contact with any party, when the juvenile’s participation in the transaction is for the purpose of obtaining or attempting to obtain , evidence of illegal activity by a third party and where the juvenile is participating in the transaction for the purpose of reducing or dismissing a pending juvenile petition against the juvenile . 608.4 GUIDELINES FOR HANDLING CONFIDENTIAL INFORMANTS All confidential informants a re required to sign and abide by the provisions of the Departmental Informant Agreement . The officer using the confidential informant shall discuss each of the provisions of the agreement with the confidential informant. Details of the agreement are to be approved in writing by the Special Operations Unit Supervisor before being finalized with the confidential informant. 608.4.1 CONSIDERATIONS LETTERS In those matters where confidential informants are assisting law enforcement for consideration of pending criminal or traffic cases, a letter will be drafted by the Special Operations Supervisor to the appropriate District Attorney’s Office requesting consideration of the informant ’s pending case(s) . The final letter ultimately submitted to the District A ttorney’s Office shall come from the Office of the Chief of Police. CATEGORY DATE ADOPTED LAST REVIEW 3 01/24/2011 07/01/2018 TUSTIN POLICE

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