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Personnel ] [
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Criminal Investigations ] |
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Applicable
To: All sworn employees |
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Approval
Authority: Chief Richard J.
Pennington |
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Signature: Signed by RJP |
Date Signed: 5/21/08 |
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To provide policies and procedures for the control and use of confidential sources (CS).
The use of confidential sources is important to the satisfactory completion of many investigations, including gang, drug, vice, organized crime control, and intelligence functions. Since confidential sources operate as an extension of police authority, the Atlanta Police Department (APD) must use and control the services of these sources in a productive and responsible manner. Therefore, confidential sources’ activities must conform to existing laws and be closely supervised. Persons utilized as confidential sources must be managed properly to maintain their confidentiality, establish their credibility, protect the integrity of the Department, preserve the legality of cases made with their help, and to protect the officer or investigator from false allegations.
3.2 Special Enforcement Section (SES) commander will be responsible for authorizing confidential source payments for all types of criminal information such as narcotics, robbery, homicide, theft, terrorist or hate activities, or any other information of value relating to the law enforcement effort. The SES commander will maintain a master file on all confidential sources utilized by Departmental employees including payment records, within a controlled system. He or she will designate a sworn SES supervisor as the Confidential Source Coordinator (CSC).
3.3 The Confidential Source Coordinator (CSC) will control access to the confidential source file room and maintain the confidential source files. The CSC will monitor the confidential source files to insure that the semi-annual debriefings are being completed in a prompt manner and for keeping the SES commander informed in accordance with this directive.
3.4 Section commanders will monitor the use of confidential sources by their subordinates.
3.5 Supervisors will be responsible for guiding the controlling officers in the use of confidential sources.
3.6 All sworn employees that use confidential sources will be responsible for complying with this directive. Controlling officers (investigating officers) will be responsible for the direct management of their confidential sources. These responsibilities include:
1. Maintaining confidentiality of investigative information by only giving confidential source information that is necessary and appropriate for operational reasons;
2. Instructing the CS as to the limitations of his or her activity while acting as a confidential source;
3. Ensuring, within legal and administrative requirements, the confidentiality of the CS's identity;
4. Monitoring the activities of the CS for illegal or other inappropriate conduct;
5. Being alert to any attempt by the CS to control or manipulate the officer;
6. Not discussing information relating to electronic surveillance, search warrants, or the identity of other actual or potential confidential sources, etc;
7. Determining when it may be appropriate to terminate the individual's status as a confidential source.
4.1 The use of confidential sources poses a special responsibility and liability on the Department. It is essential that the officer who is working with a confidential source carefully communicates the CS’s limitations with them. It is also necessary for the officer to fully understand the Department’s responsibility to the confidential source. In order for the system to function effectively, the identity of the confidential source must be kept confidential and on a “need to know” basis.
4.2 Establishing a Confidential Source
4.2.1 The controlling officer who wants to determine whether an individual may be used as a confidential source will do the following:
1. Thoroughly debrief the individual to determine his or her motive for assistance. Determine if the individual has been a confidential source for another officer or agency.
2. Check the individual’s criminal history and determine whether there are criminal cases pending. If so, advise the prosecutor before utilizing the individual as a confidential source.
3. Check with other officers and law enforcement agencies to determine the credibility of the individual. Make sure he or she is not giving the same information to another agency. This is especially important if the confidential source wishes to be paid for his or her services.
4. Make an effort to verify the confidential source’s information independently.
5. Make no promise to the confidential source that cannot be kept. This is especially important if the individual is cooperating with the expectation of receiving a sentence reduction in any pending criminal proceeding. An APD officer does not have any authority to make any promise or commitment that would prevent the government from prosecuting an individual for criminal activity.
4.2.2 Do not use the following individuals except in extraordinary circumstances:
1. Any individual previously shown to be unreliable.
2. Any individual under the age of eighteen without the written approval of the parent(s) or legal guardian. The parent or guardian must sign the Confidential Sources Agreement (Form APD 342). (CALEA 5th Edition Standard 42.2.7g)
3. Any individual who is under court-ordered supervision (probation, parole, house arrest, etc.), without the approval of the parole or probation officer.
4. Any individual who is a defendant in any pending state or federal action, without the written approval of the prosecutor or arresting agency.
5. Any individual that is a current or retired law enforcement officer.
6. Any individual that is related to or in a personal relationship with the controlling officer.
4.3 Registering a Confidential Source
4.3.1 Controlling officers initiating the service of a confidential source will notify their supervisor immediately, providing a description of all relevant information and activities.
4.3.2 The controlling officer who wants to establish an individual as a confidential source will submit the following information through the chain of command to the section commander on a Confidential Source History Sheet (Form APD 344).
1. Class I Confidential Source - Submit the individual’s true name, aliases, address, telephone number, social security number, date of birth, race, sex, sexual orientation, weight, height, hair color, eye color, real and alias signature, fingerprint card, current photograph, current criminal history, and the name of the controlling officer. Include any additional biographical or background information which would affect how the individual would be used as a confidential source such as: code name or number, occupation, income, associates, personal idiosyncrasies, languages spoken, attitude toward law enforcement, places frequented and past or present gang affiliation. (CALEA 5th Edition Standard 42.2.7b)
2. Class II Confidential Source –No documentation other than the individual’s name (or code name) and address (or other means of locating the individual) is necessary if the individual is merely providing information, unless the individual has a criminal record or an open criminal case. All confidential sources that will be actively involved in a police operation, such as a narcotics buy or a sting operation will be documented as a Class I Confidential Source.
4.4 Approval of the Confidential Source
4.4.1 All decisions regarding the approval/activation and disapproval/deactivation of a confidential source will be coordinated through the SES commander and the Narcotics Unit commander.
4.4.2 When the unit commander of the controlling officer receives a prospective confidential source file, he or she will forward it to the SES commander.
4.4.3 If approved, the CS coordinator will issue an identifying file number to be used by all controlling officers in referring to the CS in any reports, court testimony, financial statements, receipts, correspondence, or any other written references. (CALEA 5th Edition Standard 42.2.7c) The number will be constructed as follows:
1. The first characters are “CS” (confidential source).
2. The next characters are “yy,” the last two digits of the calendar year.
3. The fifth through eighth characters are a four-digit sequential number “nnnn.” Example: The first confidential source approved for the year 2008 would be CS-08-0001.
4.4.4 A master file will be maintained on each confidential source with an emphasis on security and rigid control of access. (CALEA 5th Edition Standard 42.2.7a)
4.4.5 Once the confidential source is assigned a file number, he or she will retain that number as long as he or she is used by the Atlanta Police Department. The CS may use a street name for signing receipts for compensation including their identifying number.
4.4.6 Each approved CS will initial each line item and then sign a Confidential Sources Agreement (Form APD 342), which will be included in their master file.
4.4.7 All persons determined to be unsuitable for use as a CS will be referenced in the Unreliable Source File.
4.5 Managing Confidential Sources (CALEA 5th Edition Standard 42.2.7f)
4.5.1 Controlling officers receiving information from confidential sources will never take enforcement action based solely on the word of a CS. CS information is only a part of the probable cause needed to initiate enforcement action. Controlling officers will substantiate CS information, and obtain additional information from other sources sufficient to meet the requirements of probable cause. Controlling officers should always attempt to determine the CS's motive for providing the information and be cautious not to make any promises to the CS that cannot be kept.
4.5.2 Controlling officers will inform their supervisor on all
meetings and contacts with a CS. 4.5.3 Controlling officers working with confidential sources of the opposite sex, juveniles, or of known same sex orientation will be cautious and hold meetings in public places or under circumstances where the possibility of improper conduct accusations or physical danger to the officer will be minimized. Controlling officers will not meet with the CS unless another sworn officer is present. These precautions are especially important during early contacts with the CS when motives may be unknown. (CALEA 5th Edition Standard 42.2.9g)
4.5.4 Controlling officers will ensure that the conduct of confidential sources does not, in any manner, encourage the commission of a crime outside of an on-duty, Department-approved criminal investigation. This is especially important where the CS is involved in active police-directed operations such as a narcotics buy. Controlling officers will explain the provisions of the Georgia law regarding entrapment (O.C.G.A. § 16-3-25) to their confidential sources.
4.5.5 Any information received from the CS that is beyond the officer's area of responsibility or expertise will be passed on to the appropriate investigative unit for evaluation and further investigation.
4.5.6 If a Class II CS asks to be paid for information, the officer will arrange for an introduction between the CS and an investigator who has responsibility for investigating the type of information being provided. If the CS refuses the introduction, the officer may seek to arrange for information payment as provided in section 4.7. Class II CS’s will be upgraded to Class I prior to payment.
4.5.7 No officer will knowingly maintain a social relationship with a confidential source outside of an approved criminal investigation, or otherwise become personally involved with a CS. APD employees will not solicit or accept gratuities or engage in any private business transaction with a CS.
4.6 Maintaining Confidentiality of Source’s Identity (CALEA 5th Edition Standard 42.2.7d)
4.6.1 If an APD officer provides the District Attorney or his or her designee information pertaining to a CS’s identity, this information will be kept confidential unless there is an obligation to disclose it by law or court order.
4.6.2 If a court order is obtained to disclose information regarding a CS, the CS coordinator will make every effort to only release redacted copies of the written materials. At the conclusion of a case or investigation, all original written materials containing identifying information on a CS that has not been disclosed, will be returned to the officer that provided them.
4.6.3 All employees involved with a CS in any capacity have a continuing obligation, after leaving employment with the Atlanta Police Department, to maintain as confidential the identity of any CS and the information he or she provided, unless the employee is obligated to disclose it by law or court order.
4.7.1 Confidential source payments and the purchase of evidence will be made from the Confidential Fund with the advance approval from the immediate supervisor, in accordance with the SES approved pay schedule.
4.7.2 The controlling officer and a supervisor will pay the CS or will be present and witness the payment of the CS.
4.7.3 The SES commander must approve payments greater than five hundred dollars. (CALEA 5th Edition Standard 17.4.2c)
4.7.4 In a command memorandum, the SES commander will specify the criteria for purchasing evidence from the narcotics buy fund, paying confidential sources, the circumstances under which payments are authorized, and the amounts of the payments for each type of drug according to the SES approved pay schedule. (CALEA 5th Edition Standard 42.2.7e)
4.7.5 Upon receiving payment, the CS will sign a Confidential Source Payment Voucher (Form APD 346) with two officers /investigators and a supervisor witnessing the signature. Although the CS may use a “street name” for signing receipts for compensation, his or her identifying file number must be on the receipt.
4.7.6 A copy of the incident report documenting the results of the CS’s information will be attached to the pay voucher (Form APD 346) specifying whether the payment is for information, services, evidence, or expenses. The CS payment vouchers will be forwarded to the CS Coordinator.
4.7.7 The Financial Management Unit Budget Manager or his or her designee will make an audit of any and all CS payment records. Fiscal personnel will only have access to the payment records (CALEA 5th Edition Standard 17.4.2f).
4.8.1 The controlling officer and his/her immediate supervisor will conduct semi-annual debriefings during the months of June and December with the CS.
4.8.2 Each file will be updated utilizing the Debriefing Form (Form APD 336), coded with the CS’s assigned file number, and containing the following information:
1. Confidential source’s name;
2. Name of officer initiating use of the CS;
3. CS’s photograph, fingerprints, and criminal history record;
4. Briefs of information provided by the CS and its subsequent reliability. If a CS is determined to be unreliable, see Section 4.10 of this directive;
5. Signed confidential source agreement; and
6. Update on active or inactive status of the CS.
4.8.3 After the debriefing session, the CS Coordinator will coordinate information supplied by the confidential source through an indexing system to cross-reference the confidential and unreliable source files. A confidential source history summary, coded with the source file number, will be prepared to correspond to each confidential source file and include the following information:
1. Special skills, hobbies or social activities or affiliations;
2. Date of birth;
3. Height, weight, hair color, eye color, race, sex, scars, tattoos or other distinguishing features;
4. Current home address and telephone number;
5. Residential addresses over the last five years;
6. Current employer, position, address and telephone number;
7. Marital status and number of children;
8. Vehicles owned and their registration numbers;
9. Places frequented and;
10. Areas of the city or zones where subject has knowledge of criminal activity.
4.8.4 The results of the debriefing will be documented on the debriefing form, which will include the following information:
1. Any change in the information required in Section 4.3.2 or 4.8.2.
2. A narrative, addressing whether the CS has provided any current useful information to the controlling officer.
4.8.5 The supervisor will review the debriefing report and any supporting documents. The report will be signed by the controlling officer and his or her immediate supervisor, and forwarded to the CS coordinator. The CS coordinator will file the report in the CS’s part II file.
4.8.6 All criminal information obtained from the debriefing should be immediately forwarded to the appropriate criminal investigative unit to reduce conflict with investigations.
4.8.7 Semi-annual debriefings will be monitored by the CS coordinator. Failure to conduct semi-annual debriefings of the CS, as prescribed by this directive, could result in the immediate deactivation of the CS, and or suspension of the controlling officer’s use of Confidential Sources.
(CALEA 5th Edition Standard 42.2.7c)
4.9.1 The CS Coordinator will maintain all documentation concerning confidential sources in the Confidential Source File Room with limited access.
4.9.2 Access to the confidential files and related codes will be restricted to the Chief of Police and the commander of SES.
4.9.3 Sworn personnel may only review an individual’s CS file upon the approval of the CID commander. The requesting officer will submit a written request explaining the need for review. A copy of this request, with the officer’s name, will be maintained in the CS’s file. The controlling officer will be notified of all review requests.
4.9.4 Confidential source files will be kept in two parts in order to prevent the entire file from being taken into court. Using this procedure, the payment records of a confidential source could be used in court if necessary while protecting the source’s identity. None of the source’s personal information will be released without an order from the court (CALEA 5th Edition Standard 42.2.7d). The contents of each part will be as follows:
1. The Part I folder will contain only the CS payment record (Form APD 343). This folder will be labeled with the CS’s identifying file number and will be maintained by the CS coordinator. This folder serves mainly to record the issuance of the CS’s number and to document payments made to the CS. This folder should contain no identifying information other than the CS number.
2. The Part II folder will contain all other information on the confidential source and will be labeled with the CS’s identifying file number. This folder will also document the performance of the CS to establish legal reliability and productivity including copies of incident and supplemental reports.
4.9.5 The controlling officer's immediate supervisor will keep a copy of the part II folder in strict confidence and under his or her personal control. Access to this folder is restricted to the controlling officer and his or her section commander. Anyone else, including officers of equal or higher rank, must have approval from the Chief of Police based on a “definite right and need to know” in order to gain access to the file.
4.9.6 All confidential sources, including Class II CS’s, will have a Part II folder. A part II folder containing the original copy of the Confidential Source History Sheet (Form APD 344) and other initial documentation is kept by the CS coordinator. This folder will be consolidated with the part II folder sent from the controlling officer’s immediate supervisor when the CS is deactivated.
4.9.7 Identifying information referencing a confidential source is not subject to the Open Records Act and should be redacted from documents prior to release.
4.9.8 The CS coordinator will maintain CS files for 15 years after the CS is deactivated and then will destroy them.
4.10 Deactivating a Confidential Source
4.10.1 A controlling officer who determines that a CS should be deactivated for cause or for any other reason will immediately:
1. Submit a supplemental report to the immediate supervisor, documenting the reasons for the decision to deactivate the individual. Put the CS number on the supplement in place of an incident number.
2. The supervisor will forward the report and the part II folder to the CS Coordinator.
4.10.2 The CS coordinator may deactivate the CS and will advise the controlling officer to notify the CS and obtain documentation of the notification.
1. If the CS can be located, notify the CS that he or she has been deactivated as a confidential source and have the CS sign documentation (memo, letter, etc.) showing that such notification was given.
2. Place a copy of the report and notification in the CS’s file labeling it “deactivated.”
3. The CS coordinator will merge the deactivated file with the part II file, which will be maintained indefinitely.
4.10.3 Once a CS has been deactivated for cause, only the SES commander can reactivate and will state in writing the terms of the reactivation. For cause describes that activity which would initially disqualify an individual from acting as a CS.
4.11 Sharing Confidential Sources
4.11.1 The Atlanta Police Department discourages the sharing of Confidential Sources.
4.11.2 Confidential Source sharing must be coordinated with the controlling officer, through the CS coordinator. The CS’s controlling officer must be present during all transactions.
5.1 Confidential Source (CS): An individual who, on a recurring basis, secretly furnishes information or evidence concerning crimes or criminal activity generally, who may or may not be compensated for his or her service. The provisions of this procedure do not apply to concerned citizens who merely provide information anonymously.
5.2 Class I Confidential Source: An individual who furnishes information or evidence and is compensated for his or her services. Persons who find and give criminal investigative or criminal intelligence information to law enforcement on a continuing basis under a variety of conditions such as: payment, consideration in a criminal investigation, trial, judicial hearing, probation and parole matters, and anonymous inclusion in affidavits supporting the issuance of ex-parte judicial orders (i.e., search warrants). Usually, this CS has a criminal record or a pending criminal case.
5.3 Class II Confidential Source: An individual who furnishes information or evidence and is not compensated for his or her services. Persons who due to their business position or concern for the community, supply information of criminal investigative or intelligence value, but do so confidentially. Class II CS’s may receive compensation for actual expenses incurred in gathering information.
5.4 Confidential Source Coordinator (CSC): A sworn supervisor designated by the SES commander, who is responsible for monitoring and maintaining the confidential source file room and the confidential source files.
5.5 Confidential Source File: File maintained in order to document all information that pertains to confidential sources.
5.6 Confidential Source File Room: A secured location where confidential source master files are kept with limited access.
5.7 Officer: The patrol officer, investigator, or other sworn employee who has direct contact with, and control of, the confidential source.
5.8 Unreliable Source File: File containing information pertaining to individuals determined generally unfit to perform as confidential sources.
APD.SOP.5160 “Confidential Sources” issued July 1, 2007
Commission on Accreditation for Law Enforcement Agencies 5th Edition Standard: 42.2.7
APD.SOP. 5010 “Criminal Investigation Division” APD.SOP.5030 “Special Enforcement Section”
The Attorney General’s Guidelines Regarding the Use of Confidential Informants. Georgia Code 16-3-25. IACP Model Policy - Juvenile Informants. IACP Model Policy - Confidential Informants. DEA Confidential Sources.
Form APD 336 – Debriefing Form Form APD 342 – Confidential Sources Agreement Form APD 343 – Confidential Source Payment Record Form APD 344 – Confidential Source History Sheet Form APD 346 – Confidential Source Payment Voucher |
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