OO 05-02 Confidential Informants Flashcards Preview

OPERATIONAL ORDERS > OO 05-02 Confidential Informants > Flashcards

Flashcards in OO 05-02 Confidential Informants Deck (58):
1

Police officers regularly utilize information furnished by confidential informants that has ________ or intelligence value. The use of confidential informants is beneficial and often operationally essential to the successful investigation of _________.

investigative

criminal activities

2

Confidential informants operate as an extension of __________. It is important for the Sheriff's Office to regulate the informant's activities to conform to existing laws.

police authority

3

Careful, precise ________ and the appropriate supervision of confidential informants are imperative.

documentation

4

____________ means a person who cooperates with a law enforcement agency confidentially in order to protect the person or the agency’s intelligence gathering or investigative efforts.

“Confidential informant”

5

“Confidential informant” means a person who cooperates with a law enforcement agency confidentially in order to protect the person or the agency’s intelligence gathering or investigative efforts and:

1. 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, or provides such assistance for the purposes of being compensated monetarily; and

2. Is able, by reason of his or her familiarity or close association with suspected criminals, to:

a. Make a controlled buy or controlled sale of contraband, controlled substances, or other items that are material to a criminal investigation;

b. Supply regular or constant information about suspected or actual criminal activities to a law enforcement agency; or

c. Otherwise provide information important to ongoing criminal intelligence gathering or criminal investigative efforts.

6

________ means the purchase of contraband, controlled substances, or other items that are 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 a confidential informant.

“Controlled buy”

7

__________: A non-law enforcement person known to a member, who provides information, but does not wish to be identified or take an active part in
an investigation.

Confidential Source:

8

Confidential sources are not necessarily involved in _________, but due to their various occupations, are in a position to obtain pertinent information and provide it to law enforcement. They are not usually expected to become witnesses and are not compensated for their assistance (i.e. no monetary compensation, deferred prosecution, etc).

criminal activity

9

__________: Refers to information with respect to an identifiable person or group of persons compiled by a criminal justice agency in the course of conducting a criminal investigation of a specific act or omission. This includes, but is not limited to, information derived from laboratory tests, reports of investigators or informants, or any type of surveillance.

Criminal Investigative Information:

10

___________ Refers to information with respect to an identifiable person or group of persons collected by a criminal justice agency in an effort to anticipate, prevent, or monitor possible criminal activity.

Criminal Intelligence Information:

11

Documentation of confidential informants who furnish information on a confidential basis and who will receive compensation from the investigative funds for providing
information will be recorded within the master confidential informant's file, located in the _________, before receiving compensation.

Narcotics/Vice Section

12

Confidential informants operating for the Sheriff's Office shall be documented in detail at the earliest possible time and, preferably, (before) or (after) permitting the confidential informant to supply information.

before

13

A Patrol Officer needing to use a confidential informant, which has not been certified, shall follow the following procedures:

a. Obtain a supervisor’s approval;

b. Submit a complete set of fingerprints to the Identification Unit (back door) to be checked for positive identification and an NCIC and FCIC warrants check;

c. Check the individuals arrest file for a history of violence and to determine if they are on probation or parole; if the individual is on probation or parole that person will not be utilized as a confidential informant unless approved in advance by the court or Florida Parole Commission; once approved by the court or Parole Commission, approval from the Director of Investigations and Homeland Security must be obtained.

d. If the individual has no record, secure a full set of fingerprints and a photograph for the file;

e. Complete an informant file for the individual in accordance with Article III, Section 7, a. through j. and return it to the Narcotics/Vice Section within 72 hours;

f. If any unusual circumstances arise or if the officer has any questions, the on-call Narcotics Detective shall be contacted;

g. If the informant was arrested prior to cooperating with the officer, the informant will be transported to the Pre-Trial Detention Facility upon completion of the process outlined in a. through e. above. In misdemeanor cases, a Notice to Appear may be an alternative to incarceration; and

h. A Narcotics detective must be called prior to deferring any arrest (including physical arrest or Notice to Appear).

14

Approval can be obtained from the court or ________ by law enforcement (similar to a search warrant) or the probation officer:

Florida Parole Commission

15

A confidential identifying ________ shall be assigned to each informant by the Narcotics/Vice Section. The number shall be used to identify the informant in reports and other correspondence. The informant's confidential code number will not be disclosed to the informant.

code number

16

_______ shall consist of an alphabetized prefix for referral to each division, section, or unit.

Informant codes

17

Numbers shall also be used to denote the ____ the informant was documented. In addition, sequential numbers which reflect the chronological order of documentation of informants shall be used.

year

18

Informant code examples

Example:

Det-Detective

Nar-Narcotics

Int-Intelligence

Pat-Patrol

Itg-Integrity

19

The first informant documented by the Narcotics Unit in 2001 shall be filed under the code ______.

NAR 01-1

20

An electronic master informant index, alphabetically by last name and by informant code number, shall be maintained by the _______ of the Narcotics/Vice Section. This index shall contain the informant's last, first, and middle names, race, sex, date of birth, and code number.

Assistant Chief

21

Access to the confidential informant file is restricted to the __________ of the Narcotics Unit or his designee.

Commanding Officer

22

Sheriff's Office personnel are not permitted to review a particular informant file without the permission of the ________ of the Narcotics/Vice Section or his designee.

Assistant Chief

23

Maintenance of the confidential informant file is the responsibility of the _______ of the Narcotics/Vice Section or their designee.

Assistant Chief

24

Officers will cooperate with Narcotics/Vice Section to ensure proper maintenance of the confidential informant file including the following information:

a. A completed Confidential Informant Intelligence Report (P-1689) which includes biographical and background information;

b. A complete criminal history record, if any;

c. A copy of payment receipts made to the informant with a brief explanation of the expenditures;

d. Information received from the informant;

e. A brief explanation of the informant’s involvement in the case;

f. A full-face photograph of the informant;

g. Copies of other relevant criminal justice agencies documents pertinent to the informant’s criminal activities;

h. A completed Cooperating Individual Agreement Form (P-1682);

i. Completed fingerprint cards for informants who do not have a JSO number;

j. The code number for the informant; and

k. The Assistant Chief of the Narcotics/Vice Section or his designee will review each completed Confidential Informant Intelligence Report (P-1689) and assess each prospective confidential informant to include the criteria listed in Article V of this order.

25

In the event a confidential informant is inactive for a period of ___ months or more, the confidential informant's confidential file will be updated, reviewed, and a criminal history check completed prior to the person being reactivated as an informant. This review will be conducted by the Assistant Chief of the Narcotics/Vice Section or his designee.

six (6)

26

The use of a confidential informant will be discontinued for the following reasons:

1. The use of the confidential informant is detrimental to the goals of the Sheriff's Office;

2. It is determined based on the specific incident that the use of the confidential informant cannot be conducted in a fair and reasonably safe manner that reduces adverse risks, including injury or death, to the officer, the confidential informant, the public, and the target; or

3. The confidential informant is found to be unreliable and in the investigating officer's opinion should no longer be utilized as an informant.

27

Each sergeant assigned to the Narcotics Unit, with the exception of the prescription drug squad, shall conduct one random informant inspection _____, to include a face to face interview. During the interview, the sergeant shall verify adherence to Sheriff’s Office policy regarding the use of informants.

monthly

28

The Assistant Chief of the Narcotics/Vice Section or his designee will complete a documented ______ administrative review of adherence to Sheriff’s Office policy regarding the use of confidential informants. Results of this review will be documented and forwarded through the Chain of Command to the Director and sent to the ______ Unit.

annual

Accreditation

29

All personnel involved in the use or recruitment of confidential informants shall be trained _____ in accordance to this order. Documentation demonstrating the date of such training shall be maintained at the academy through the _____ Training system.

annually

ACADIS

30

When an officer wishes to utilize a confidential source, the following procedure will be in effect:

1. It will be the investigating officer’s responsibility to maintain the identity of the confidential source who he wishes not to identify.

2. Some sources may be casual or information may be of a one-time nature. All information from any confidential source should be verified whenever possible.

3. If at any time the confidential source provides information that establishes probable cause for an arrest or search, the investigating officer will follow the procedures set forth for confidential informants. The source will be processed as a confidential informant with the investigating officer obtaining all relevant information on the individual.

31

In determining whether to utilize a particular person as a confidential informant the following factors shall be considered:

1. The person’s age and maturity;

2. The risk the person poses to adversely affect a present or potential investigation or prosecution;

3. The effect upon agency efforts that the disclosure of the person’s cooperation in the community may have;

4. Whether the person is a substance abuser or has a history of substance abuse or is in a court-supervised drug treatment program;

5. The risk of physical harm to the person, his or her immediate family, or close associates as a result of providing information or assistance, or upon the disclosure of the person’s assistance to 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 or prior criminal record; and

8. Whether the use of the person is important to or vital to the success of an investigation.

32

___ officers shall conduct personal interviews of sources or confidential informants. In the event a second officer is not available, the supervisor shall respond to serve as the second officer.

Two

33

Officers exercising control of confidential informants shall only meet or communicate with the informant in an ____capacity.

official

34

Each contact establishing credibility of the informant shall be documented in writing and shall be included in the informant's ___.

file

35

Confidential Informants (including Confidential Informants from other agencies) (shall) or (shall not) be identified by name in an incident, supplemental, or arrest and booking report.

shall not

36

Any report documenting the use of a Confidential Informant making a controlled buy (i.e., purchase of a controlled substance that will be the basis for a subsequent search warrant) should be written in such a manner so as not to provide the specific ____ of the confidential informant activity. It would be acceptable instead to use a ___ day period of time during which the transaction took place.

date

10

37

This is necessary because the State may be required to provide the police report to the defense during the course of criminal prosecution and if the report reveals the specific date of the purchase, then the defendant may be able to determine the _____ of the informant.

identity

38

Officers may not ______ a confidential informant or source to engage in any criminal activity.

authorize

39

Officers shall inform all confidential informants that their assistance in a criminal investigation will not guarantee any ______ or protection against arrest or prosecution for future or past crimes. Any assistance given to the confidential informant for criminal charges can only be determined by the appropriate legal authority.

immunity

40

Precautions shall be used at all times when dealing with informants of the ________. There should always be two officers present.

opposite sex

41

Persons less than eighteen years of age will only be authorized to work as confidential informants upon the written consent from the juvenile’s parents or legal guardian and the approval of a sergeant or higher authority. Officers will have a ________________________ completed and signed by a sergeant before using a juvenile. The release form will be forwarded to the Narcotics/Vice Section to be retained in the informant’s file.

Juvenile Release of Liability Form (P-1681)

42

Officers shall provide a prospective confidential informant, upon the individuals request an opportunity to consult with _______ before agreeing to serve as a confidential informant.

legal counsel

43

Whenever an officer recommends that the use of a confidential informant be discontinued, the following steps will be followed:

1. The requesting officer will document the reasons for the recommendation via e-mail to their commanding officer through the chain-of command;

2. Upon review and approval by the commanding officer, the email will be forwarded to the Assistant Chief of the Narcotics/Vice Section;

3. The Assistant Chief of the Narcotics/Vice Section will, upon receipt of the email, place the confidential informant or source in a discontinued status;

4. The discontinued status and the information which prompted it will be filed in the confidential informant's confidential file; and

5. Once an informant is in a discontinued status, the informant will not be reactivated without the permission of the Assistant Chief of the Narcotics/Vice Section or higher authority.

44

Confidential informants may be ____ to provide information or services during a criminal investigation. This shall not prevent reimbursing confidential informants for actual expenses incurred as investigative expenses provided they furnish appropriate _____ to document their expenditures.

paid

receipts

45

Payments to confidential informants are authorized only if the officer is unable to persuade the informant to cooperate (with) or (without) the expenditure of funds.

without

46

Any approved funds will be drawn from the _________ maintained in the Narcotics/Vice Section. Payment to a Confidential Informant will be determined by circumstances surrounding the investigation.

Criminal Investigation Fund

47

Officers from units outside of the Narcotics/Vice Section, Intelligence, or Integrity Units shall complete an _____________ and indicate the amount of money the confidential informant is to receive. The worksheet is routed through the officer's chain of command to the Unit Commander for approval.

Investigative Funds Request Form (P-1590)

48

The officer will be directed to a Narcotics/Vice Section ______ who will issue the designated amount of money.

Lieutenant

49

The officer will sign a ________acknowledging receipt of the money.

cash receipt card (P-114)

50

The officer/detective will complete a Criminal Investigative Fund Form (P-1776) and obtain the ______ of the informant on the form when the funds are paid to the confidential informant.

thumbprint

51

Another police officer will sign the form witnessing the confidential informant's signature. The form will be forwarded through the officer's chain of command for the appropriate signatures and forwarded to the ________.

Narcotics/Vice Section.

52

Detectives in the Narcotics/Vice Section, Intelligence, and Integrity Unit are authorized to expend investigative funds obtained from their ______.

Sergeant

53

Officers will not refer documented confidential informants to ___________ in lieu of following guidelines established for the payment of confidential informants.

First Coast Crime Stoppers

54

Information relating to a documented confidential informant shall only be released after careful scrutiny of the facts surrounding the inquiry by the case officer and the _______ of the Narcotics/Vice Section or higher authority. They should mutually ascertain the probable impact of the information on current or future investigations if the information is released.

Assistant Chief

55

If the request for information originated from another _________, the investigating officer should attempt to determine what circumstances prompted the request.

Criminal Justice Agency

56

If the request for information originated within the __________, the investigating officer should contact the requesting officer and exchange relevant information.

Jacksonville Sheriff's Office

57

Requests for information from non-criminal justice agencies shall be referred to the ________ of the Narcotics/Vice Section.

Assistant Chief

58

Upon receipt of a court order mandating the divulgence of confidential informant information, the ________ of the Narcotics/Vice Section will immediately contact an assistant state attorney for legal guidance.

Assistant Chief

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