Police Department Policy

TUSPD_SOP_SP0300_-_Confidential_Informants_120081

Tustin PD

Policy Text
CATEGORY DATE ADOPTED LAST REVIEW 3 01/24/2011 06/01/201 7 TUSTIN POLICE DEPARTMENT STANDARD OPERATING PROCEDURES SP300 - Confidential Informants 1 SP300 CONFIDENTIAL INFORMANTS SP300 .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. This procedure falls unde r the guidelines of the Orange County Cooperating Individual Index (OCCII). SP300 .1.2 ACCREDITATION STANDARDS This procedure pertains to the following CALEA Standards: 42.2.6 , 42.2.7 This p rocedure pertains to the following General Orders: §608; §810 SP300 .2 INFORMANT FILE SYSTEM The Special Investigations Unit Supervisor or his/her designee shall be responsible for maintaining informant files. A separate file shall be maintained on each confidential informant . The file shall be kept in a secure location within the Special Investigations Unit. SP300 .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 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 em ployer(s), position, address and telephone numbers ; f) Department of Motor Vehicle check including driver license status, v ehicles owned and registration 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) Criminal history and Western States Information Network (WSIN) check . CATEGORY DATE ADOPTED LAST REVIEW 3 01/24/2011 06/01/201 7 TUSTIN POLICE DEPARTMENT STANDARD OPERATING PROCEDURES SP300 - Confidential Informants 2 The informant files shall be maintained in a secure area within the Special Investigations Unit. These files shall be used to provide a source of background information about the informant, enable review and evalua tion of information given by the informant, and minimize incidents that could be used to question the integrity of detectives or the reliability of the confidential informant. Access to the informant files shall be restricted to the Chief of Police, the S pecial Operations Division Commander , the Special Investigations Unit Supervisor, or their designees. SP300 .2.2 USE OF INFORMANTS Before using an individual as a confidential informant, an officer must receive approval from the Special Investigations Unit Supervisor. The officer shall compile sufficient information through a background investigation in order to determine the reliability and credibility of the individual. SP300 .2.2.1 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 between the ages of 13 and 18 years is only authorized by court order obtaine d pursuant to Penal Code § 701.5. For purposes of this policy, a "juvenile informant" means any juvenile who participates, on behalf of this department, in a prearranged transaction or series of prearranged transactions with direct face to face contact wi th 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. SP300 .2.2.2 GUIDE LINES FOR HANDLING CONFIDENTIAL INFORMANTS All confidential informants are 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 unit supervisor before being finalized with the confidential informant. SP300 .2.2.3 RELATIONSHIPS WITH CONFIDENTIAL INFORMANTS No member of the Tustin Police Department shall knowingly maintain a social relationship with a confidential informant while off duty, or otherwise become intimately involved with a confidential informant. Members of the Tustin Police Department shall neither solicit nor accept gratuities nor engage in any private business transaction with a confidential informant. To maintain officer/informant integrity, the following must be adhered to: CATEGORY DATE ADOPTED LAST REVIEW 3 01/24/2011 06/01/201 7 TUSTIN POLICE DEPARTMENT STANDARD OPERATING PROCEDURES SP300 - Confidential Informants 3 a) Officers sha ll not withhold the identity of an informant from

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