INFORMANTS 13.5C
TEQUESTA POLICE DEPARTMENT
GENERAL ORDER
TITLE: INFORMANTS IN CRIMINAL INVESTIGATIONS
GENERAL ORDER: 13.5C
EFFECTIVE: November 27, 2009
REVISES: G.O. 13.5B
PAGES: 5
CONTENTS:
This order consists of the following numbered sections:
I. INFORMANT DEVELOPMENT
II. INFORMANT FILE MAINTENANCE
III. COMPENSATION
IV. INFORMANT CONTROL
V. PERIODIC REVIEW
VI. GLOSSARY
PURPOSE:
To establish procedures for the use of confidential informants in criminal investigations.
SCOPE:
This order applies to all Police Department members.
DISCUSSION:
Confidential informants (CI's) are vital to many types of investigations. The motives for becoming an
informant can include financial gain, revenge, fear, reform, or expectation of a lighter sentence. The development and
use of informants are largely discretionary, but the agency member must exercise the utmost care in the control of the
informant.
POLICY:
Informants will be used in conformance with law and this order. A. The first priority in agency operational
decisions and actions regarding the use of confidential informants is to preserve the safety of the confidential informant,
law enforcement personnel, the target, and the public.
PROCEDURE:
I. INFORMANT DEVELOPMENT:
A.
Informants can be developed in the course of normal duties by detectives and officers, who must carefully evaluate the
motive, personal status, and the potential value of information provided. Not every person providing helpful information
or acting as a confidential source is a confidential informant. Factors to be considered in assessing the suitability of a
confidential informant prior to the informant’s utilization shall include, but are not limited to:
1
. The informant’s age and maturity;
2.
The risk the informant poses to adversely affect a present or potential investigation
or prosecution;
G.O. 13.5C
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. The effect upon agency efforts that the informant’s cooperation becoming known in the community may
have;
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. 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 in 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 investigated is such that the use of the informant is important
to, or vital to, the success of the investigation.
B.
Each CI will be interviewed by a detective responsible for investigations relating to the type of information the CI
will provide. Once the informant is found acceptable, the following procedures will apply:
1.
A code number will be assigned to the CI and a code number file maintained by the Detective Division. A
completed Confidential Informant Report will be placed in the file containing detailed biographical and
background information.
2.
Warrants, criminal history, and driver license checks will be made through FCIC, NCIC, and DHSMV.
Background information, copies of teletypes, and related documents will be maintained in the CI’s file.
3.
The CI will be photographed and have his or her identity verified.
4.
The CI and detective will sign Consent for Oral Intercept and Search Sheet.
5.
Any changes in an informant’s status, such as new address, phone number, arrests, or probationary status
will be documented in the file, and the informant reevaluated.
6.
Anyone requesting to work as a CI must be informed that the agency cannot promise inducements such as
grants from immunity, dropped or reduced charges, reduced sentences or being placed on probation for
serving as a CI. The value of services provided can be determined “only by the appropriate legal
authority”.
7.
Upon the CI’s request, the agency will provide the CI with an opportunity to consult with legal counsel
before agreeing to serve as a CI; this in no way creates a right to publicly funded legal counsel.
C.
Uniform patrol officers who develop informants will contact a detective to evaluate, document, and compensate
the informant.
D.
Juveniles may be used as confidential informants with a signed waiver on file from the parent or guardian. Use of
juveniles as informants requires prior authorization from the chief of his designee and every attempt will be made to
insure the safety and well being of the juvenile.
II. INFORMANT FILE MAINTENANCE:
A.
An entry will be made in the informant’s file that details the informant's involvement for each operation in which
the CI participates, and every time substantial information is given.
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G.O. 13.5C
1.
File entries should be made in such a way that the assigned detective could use the CI's file to detail the
informant’s reliability for later use when obtaining search warrants.
2.
CI misconduct should be documented, if applicable, and disciplinary action taken, i.e., counseling or discontinuing
use.
B.
Special care must be taken to document the assistance of CI's who are “working off” charges. At the appropriate
time, a unit supervisor will notify the State Attorney’s Office of the assistance rendered by the confidential informant.
C.
The Detective Division will maintain security of informant files and related codes, as follows:
1.
The files will be locked with access as authorized by the division commander.
2.
The files will be purged, archived, and destroyed in accordance with state law.
3.
Under no circumstances will the identity of a CI be made known to anyone without the approval of the detective
division supervisor, the Chief, or as directed by the court.
4.
If the SAO requests the identity of a CI, the detective will be contacted and will consult with the Chief for
approval.
III. COMPENSATION:
A.
All compensation will be documented in accordance with investigative expense fund procedures and a receipt
issued. A copy of the receipt must be placed in the informant file.
B.
Informant compensation is largely a matter of discretion by the controlling member. Factors to consider when
determining compensation include:
1.
The type or level of case and value of information.
2.
The amount of danger to the informant or to the investigation.
3.
Is it necessary to pay the source for the needed information?
4.
How much would you have to pay another source for the information?
5.
Is there a less expensive way to get the information?
IV. INFORMANT CONTROL:
A.
Informants act as agents of the agency and must be under strict supervision. They will be instructed that:
1.
They are not members of the Police Department and do not have arrest powers, the authority to carry concealed
weapons or firearms, or possess any other power, privilege, or rights of a law enforcement officer.
2.
They must furnish information exclusively to this agency and they are not to reveal their identity as a source to
anyone. They must advise if they are also providing information to any other law enforcement agency.
3.
Their status as an informant is not a license for present or future misconduct.
4.
They must understand agency policy and procedures relating to their role in an investigation.
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G.O. 13.5C
B.
Operational assistance provided by a confidential informant may include, but is not limited to, providing
information concerning criminal activity, making undercover introductions, or making controlled drug purchases.
C.
Members will continuously evaluate informants for reliability and conformance to agency standards.
D.
If an informant becomes undesirable and must be deactivated, the circumstances surrounding the CI’s dismissal
will be documented in the CI’s file. All lists and logs will be clearly marked to eliminate the subject as an informant.
The documentation will be maintained in accordance with the General records Schedule GS2 for Law Enforcement,
Item #199 and kept in the Detective Division in a secured manner until disposal..
E.
All informants must be treated fairly and professionally at all times.
F.
Off-duty association and social relationships by agency personnel involved in investigative or intelligence
gathering with the CI is strictly forbidden.
V. PERIODIC REVIEW:
A.
A periodic review of actual CI practices will be conducted by the Detective Division to ensure conformity with
the agency’s policies and procedures and “Rachel’s Law”. This review will be conducted at least once every three
(3) years. The documentation pertaining to this review will be made part of CFA Standard File 18.03 Investigations
Informants Policies and Procedures.
GLOSSARY:
VI.
CONFIDENTIAL INFORMANT (CI) - 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 imposed
upon him or her, or a reduction or modification of charges pending or anticipated to be placed against him or her
and whose association or cooperation with law enforcement must remain unknown to those about whom the
information is provided or with whom one or more transactions occur.
CONFIDENTIAL SOURCE - A person known to a member who gives information but does not wish to be identified or
take an active part in an investigation.
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 contraband, controlled substances, or other items material to a
criminal investigation to a target offender which is initiated, managed, overseen, or participated in by law enforcement
personnel with the knowledge of the confidential informant.
INVESTIGATIVE ASSISTANT - A juvenile volunteer utilized to assist in certain types of investigations such as alcohol
buy operations.
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G.O. 13.5C
TARGET OFFENDER:The person whom law enforcement personnel suspects will be implicated by the activities
of a confidential informant.
INDEXING:
CONFIDENTIAL INFORMANTS
INFORMANTS
DRAFTED:
DJR/October 2009/Filed: INFRMT13.5
APPROVED:
Pete Pitocchelli, Chief DATE: November 05, 2011
Tequesta, Florida
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