NJSACOP LEAP MODEL POLICIES
EFFECTIVE DATE: / GENERAL ORDER # 050SUBJECT: CONFIDENTIAL INFORMANTS
ISSUED BY: / # OF PAGES:
DISTRIBUTION: / REVIEW DATE:
LAST REVISED:
ACCREDITATION STANDARDS: / 42.2.7
The written directives developed by the Police Department are for internal use only, and do not enlarge an officer’s civil or criminal liability in any way. They should not be construed as the creation of a higher standard of safety or care in an evidentiary sense, with respect to third party claims. Violations of written directives can only be the basis of a complaint by this department, and then only in an administrative disciplinary setting.
PURPOSE: To set forth guidelines for pre-qualification of confidential informants and regulations intended for careful overall management of the entire confidential informant program.
POLICY: The department recognizes that criminal activity in the community is diverse and fluid and that information regarding it is necessary, therefore, departmental personnel may solicit and use information from citizens’ sources (informants), regardless of their walk of life. The use of confidential informants is an invaluable investigative tool that must be carefully managed to prevent misconduct on the part of the confidential informant or any officer utilizing such informant. Strict controls have been established in this written directive and must be adhered to without exception.
PROCEDURE:
I. Definitions
A. Informant: a person who provides information and/or services to the department concerning criminal activity and who expects something in return; or an individual who, on multiple occasions, provides information out of a sense of obligation or personal need to help law enforcement and the community.
B. Return: a payment in money; or assistance in dealing with prosecutors and current legal processes.
C. Confidential Informant File: a file maintained to store all of the collected information pertaining to confidential informants.
D. Unreliable Informant File: a file containing information pertaining to individuals determined generally unfit to perform as informants.
II. Value of Confidential Sources
A. Our purpose for using confidential sources include: making information more rapidly available; gathering information from sources not readily available to the department; communicating with criminal suspects; and making observations or performing assignments in localities where a known person would not be immediately suspected.
B. Many people who give information have been victims or witnesses of crimes, or may have a strong desire to aid law enforcement. However, there are others who are motivated purely by self-interests. With such diversity of persons providing information, it is necessary in all cases to evaluate the validity of information supplied and try to determine its accuracy.
III. Developing Informants
A. In furtherance of our stated mission, all officers should attempt to develop a variety of information sources. In many cases information will flow as a result of friendly, courteous conversations and questioning, rapport building with citizens and suspects, by providing efficient police response, and by listening and talking to people encountered on the job.
B. The decision to utilize a confidential informant shall be based on good judgment and the current and past actions of the informant must be considered. While it is understood that persons with somewhat questionable pasts are often good informants, officers must evaluate the motivation of the informant and weigh that against the need for the information.
1. Potential informants will sometimes offer to exchange information for immunity from prosecution or release from custody. Immunity can only be granted by the prosecuting agency/individual and therefore no officer shall offer immunity or leniency in connection with any legal proceeding or promise or infer such a possibility without first obtaining the approval of the prosecuting agency/individual.
2. Likewise officers shall not promise or infer any special treatment for an informant in regards to his/her probation or parole status without conferring with the applicable probation/parole officer.
C. The usefulness of an informant will be largely measured in terms of the reliability and credibility that an officer is able to associate with the informant.
1. The following represent some of the areas that an officer must consider and evaluate in determining a proposed informant's reliability:
· The informant's reputation with the department;
· The number of times the informant has previously provided reliable information;
· The number of arrests or search warrants that have resulted from prior information supplied by the informant; and
· The informant's motivation for supplying the information.
2. The desired method for validating an informant's information shall be through surveillance of the informant when he/she is actively participating for the police. In situations where this is not possible, the informant's information must be compared against known reliable information and supported with as much physical evidence as possible.
D. Any officer who wishes to develop and/or utilize a confidential informant must secure authorization by submitting to the investigative bureau supervisor a Confidential Informant Data Sheet along with a Special Report. The Special Report shall outline the background of the relationship with the proposed confidential informant, a synopsis of the information provided by the proposed confidential informant and any other relevant information, positive or negative, that should be considered in reaching a decision on the suitability and veracity of the proposed informant.
E. Upon receipt of a Confidential Informant Data Sheet and Special Report form the investigative bureau supervisor shall:
1. Conduct a computerized criminal history inquiry and a search of the local police records for information that may be utilized in evaluating the suitability of the proposed confidential informant.
2. Review and evaluate the information contained in the Confidential Informant Data Sheet and the Special Report.
3. Recommend a classification for the proposed confidential informant as either “reliable” or “unreliable” and forward the file and all supporting data to the operations division commander.
4. The final decision on classification of an informant shall rest with the operations division commander. Upon reviewing the informant file the operations division commander can make a final determination or request additional investigation on the part of the officer submitting the request.
· Confidential informants who are classified as “reliable” will be approved for use in accordance with the conditions and guidelines set forth in this written directive. Notwithstanding such classification, the officer utilizing any such informant must remain diligent in verifying all information provided by the informant, to whatever degree possible, prior to initiating action based on the information.
· Confidential informants that are classified as “unreliable” will not be approved for use by any officer of the department until and unless information is received from a credible source that would prove the original information provided was genuine and accurate.
F. The officer applying for permission to utilize the informant must meet with the proposed informant and issue him/her the Informant Guidelines developed by this department which detail the ground rules for permissible and prohibited behavior. Additionally, a Cooperating Witness Agreement must be drafted setting forth specifically what is expected of the informant and the exact return expected by the proposed informant.
G. Officers must also consider and discuss with a potential informant any possibility that the informant may have to testify in court or have his/her identity revealed. If there is any question concerning such a possibility, the officer shall confer with the prosecutor's office for an opinion and advise the proposed informant accordingly.
H. As a general rule the practice of using a juvenile as a confidential informant is discouraged. If however a juvenile possesses valuable information regarding significant criminal activity and there is no known alternative source for the information, an officer may request specific permission to use the juvenile from the division commander.
1. All applicable guidelines for documenting and qualifying an informant are applicable to juveniles.
2. A parent/guardian of the proposed juvenile informant must be completely briefed concerning the juvenile’s relationship with the department including:
· The proposed terms of the Cooperating Witness Agreement, and
· The potential consequences of the juvenile’s actions, e.g., court appearances, exposure to unsavory persons and hazardous situations, exposure as a police informant, etc.
3. The juvenile’s parents must provide written permission for the informant relationship between their child and the police department by signing the Juvenile Confidential Informant Authorization for.
IV. Confidential Informant Files
A. The investigative bureau supervisor shall be responsible for the development and maintenance of a comprehensive file system for all information and documents related to confidential informants.
1. A computerized database shall be utilized as the master index system for the confidential informant files.
2. Access to the index shall be limited to the investigative bureau supervisor and the operations division commander.
B. A separate file shall be created for each confidential informant developed by an officer of this department. The file shall be labeled with a control number assigned by the investigative bureau supervisor. The following information, at a minimum, shall be contained in each file:
1. Informant’s name;
2. Name of the officer initiating use of the informant;
3. Informant’s photograph, fingerprints and criminal history;
4. Synopsis of information provided by the confidential informant and its subsequent level of reliability. If a confidential informant is determined to be unreliable, the informant’s file shall be placed in the Unreliable Informant’s File.
5. Signed copy of the Informant Agreement; and
6. A record of all transaction, including, money paid, receipts, etc.
7. Semi-annual update on the status of the informant, active or inactive.
8. Debriefing reports, initial and supplemental reports filed in connection with the investigation at hand, any miscellaneous reports concerning the informant’s relationship with the department.
C. An Informant Data Sheet shall be completed and inserted in each informant file that is created. The Informant Data Sheet shall contain the following information:
1. Name, date of birth; known aliases
2. Special skills, avocations;
3. Height, weight, hair color, eye color, race, sex, scars, tattoos or other distinguishing characteristics;
4. Current home address and telephone number;
5. Marital status and number of children;
6. Vehicles owned and registration numbers; and
7. Places frequented.
D. The informant files shall be used to:
1. Provide a source of background information about the informant;
2. Provide a complete history of the information received from the informant;
3. Enable review and evaluation by the appropriate supervisor of information given by the informant; and
4. Minimize incidents that could be used to question the integrity of investigators or the reliability of confidential informants used.
E. Informant files shall be maintained separately after final classification as “reliable” or “unreliable”.
1. All reliable and unreliable informant files shall be maintained in the investigative bureau supervisor’s office.
2. Access to the reliable and unreliable informant files, and all information contained therein, including the informant control number, shall be restricted to the investigative bureau supervisor, operations division commander and chief of police.
3. Sworn officers may only review an individual’s informant file upon the approval of investigative bureau supervisor.
· The requesting officer must submit a written request completely explaining the need for access to the file.
· A copy of all such requests shall be maintained in the confidential informant’s file.
4. The investigative bureau supervisor is responsible for maintaining the informant files. All relevant and pertinent information concerning the working relationship between the police department and the informant must be documented and included in the file.
V. Handling of Confidential Informants
A. Officers shall not utilize confidential informants in the furtherance of a police investigation without the approval of their immediate supervisor.
1. Confidential informants that are approved for use in an investigation must sign a Cooperating Witness Agreement prior to utilization.
2. The identity of a confidential informant shall be held in strict confidence. The control number assigned to each confidential informant shall be utilized to identify the informant in all reports/documentation.
B. ALL contacts/transactions with a confidential informant must be completely documented in the applicable investigative reports.
1. Officers shall not meet with informants alone unless extenuating circumstances make it impractical to have a second officer in attendance.
2. If an officer must meet with an informant alone prior permission must be secured from his/her supervisor.
C. Officers must exercise care in their relationships with confidential informants, especially confidential informants of the opposite sex. The following prohibitions shall be observed by all officers in their dealings with confidential informants:
1. Officers shall not engage in personal, social or sexual relationships with confidential informants.
2. Officers shall not engage in a business relationship with a confidential informant.
3. Officers shall not accept gifts or gratuities from confidential informants. If a gift or gratuity is received against an officer's wishes, the officer shall completely document the circumstances and submit the gift/gratuity to the property officer.
D. It is of critical importance that an officer controls the actions of a confidential informant who is working for the department.
1. Officers must be very careful to ensure that confidential informants do not engage in any actions that could lead or encourage a person to commit a criminal act (entrapment).
2. A confidential informant shall be arrested if any officer of this department finds the informant engaging in criminal activity.
E. Any problems encountered with a confidential informant shall be immediately reported to the immediate supervisor of the officer handling the informant. Misconduct or violation of the terms of the Cooperating Witness Agreement must be promptly addressed and the working relationship between the informant and the department severed if necessary. The following are examples of conduct that would warrant termination of the working relationship between the department and an informant: