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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: 1/22/09 |
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This directive establishes policies and procedures for the operation of the Special Enforcement Section (SES).
2.1 The Atlanta Police Department (APD) is committed to the suppression of vice, drugs, and organized crimes. APD will proactively engage in activities, which will assist in the detection, prosecution, and prevention of these crimes. These activities will include gathering and analyzing both tactical and strategic information concerning crime, patterns of crime, criminal participants and selective enforcement of laws relating to narcotics, vice, gangs and organized crime.
2.2 Police intelligence and selective enforcement activities are sensitive issues, which are often under close scrutiny by the public and the courts. Therefore, the activities of SES will strictly conform to the requirements and limitations imposed by law and by the provisions of this procedure.
3.1 SES is responsible for identifying, controlling, and reducing or preventing criminal activity through intelligence or enforcement activities in areas which include but are not limited to: gambling, major frauds, illegal pornography, prostitution, liquor violations, loan sharking, extortion, bribery, racketeering, corruption, Racketeer Influenced and Corrupt Organization (RICO) violations, criminal gangs, arson, counter-terrorism, bias (hate) crimes, subversive activities, infiltration of legitimate businesses for criminal purposes, money laundering, narcotics violations, trafficking, civil disorders and terrorism. Additionally, SES will control and enforce the licensing and permitting of those businesses and persons so required under City ordinance.
3.2 Division commanders will ensure that all employees under his/her command adhere to and comply with this policy.
3.3 The SES commander will ensure that all employees under his/her command adhere to and comply with this policy. The SES commander will also coordinate and monitor investigative strategies to include assignment of high priority cases to appropriate units. The SES commander will have personal control of activities or investigations involving extremely serious crimes or allegations and matters involving public officials.
3.4 The SES unit and squad commanders will be responsible for the efficient and effective operation of his or her respective unit. SES unit and squad commanders will develop and coordinate investigative strategies with watch supervisors, personally respond to and direct investigative activities of serious crimes and of allegations involving public officials, and will hold periodic unit meetings and coordinate with other unit commanders to insure an appropriate flow of information, both within the unit and within the Section. The SES unit and squad commanders will forward appropriate reports to the SES commander.
3.5 The watch supervisor will assign and review investigations to ensure proper actions are taken, and will review case files and incident reports to insure completeness.
3.6 SES sworn employees are responsible for complying with this directive.
3.7 The HSU intelligence analyst is responsible for screening information to go into intelligence files.
4.1.1 The activities of SES are divided into two general categories: intelligence activities and enforcement activities. All units of the Section are required to participate in the intelligence gathering effort as described below. Each unit will carry out enforcement activities as required by the mission and responsibilities described above, in APD.SOP.1010 “Mission and Organization of the Department”, and in other directives.
4.1.2 The Section will:
1. Maintain files, in its own office space and separate from Central Records, on certain persons and organizations involved in specific criminal activities that reside or operate in the metro Atlanta area. The Homeland Security Unit will maintain the consolidated intelligence files of the Section which include:
a. Files on major criminals and other indexed persons. Files should contain names, addresses and types of criminal activity.
b. Files on gambling and other vice activity.
c. Files concerning drug information on indexed persons, organizations, or targets.
d. Files on major criminal activity rings within the Metro Atlanta area.
2. Maintain statistics and files on businesses and persons required to have a police license or permit to operate (e.g., arrest reports, calls answered, owners, corporate records).
3. Prioritize and target for enforcement action major criminals, criminal organizations, or locations involving criminal activity.
4. Gather and analyze criminal intelligence information and disseminate it to the proper authority.
5. Conduct criminal investigations in those areas described in section 3.1.
6. Conduct background investigations as related to indexed persons, organized crime figures, or permitted individuals.
7. Provide the intelligence function for the Department. This function will include:
a. Providing a descriptive analysis of crime systems operating in the City of Atlanta.
b. Depicting the capabilities of these crime systems and providing alternatives to reduce the effectiveness of these systems.
c. Identifying the major crime problems affecting the City of Atlanta and provide recommendations for action.
d. Assessing the efforts of law enforcement in the control of crime in the City of Atlanta.
4.1.3 The commander will provide, at a minimum, quarterly reports to the Chief of Police.
4.2.1 The watch supervisor will:
1. Ensure that citizen investigative lead sheets (Form APD 354) are assigned for investigation and/or forwarded to the HSU for analysis and that reports are completed within the allotted time.
2. Assign and review investigations to ensure proper actions are taken.
3. Review case files and incident reports to ensure completeness.
4. Review the master file to ensure that cases are properly prepared.
5. Ensure that requests for additional information from prosecutors are handled expeditiously.
6. Review and evaluate case disposition forms received from prosecutors.
4.2.2 Investigators will:
1. Log case assignments into the investigator's assignment record.
2. Log citizen complaints and tips onto an Investigative Lead Sheet (Form APD 354).
3. Develop investigative plans.
4. Conduct investigations as assigned. Reactivated case investigations (those assigned from an existing incident report) will be investigated in accordance with APD.SOP.5010 “Criminal Investigations Division.”
5. When appropriate, proactively initiate investigations into illegal activities described in Section 3.1.
6. Submit reports within ten (10) calendar days of receipt of an investigative assignment.
7. Advise the supervisor when surveillance, wiretap or other technical investigative assistance is needed.
8. Request or initiate undercover, decoy or surveillance operations, as needed, for an investigation.
4.3.1 Outside Agency Coordination
The SES commander will maintain liaison with federal, state, and local agencies for the exchange of intelligence information. The Section will work closely with all intelligence organizations in the metropolitan area, as well as assign representatives to the following task forces with approval from the Division commander:
1. Joint Terrorism Task Force (JTTF)
2. Drug Enforcement Administration Task Force
3. Drug Enforcement Administration Airport Detail
4. Metro Fugitive Task Force
5. U.S. Customs Task Force
6. Federal Gang Task Force
7. High Intensity Drug Task Force (HIDTA)
8. Alcohol Tobacco & Firearms Task Force (ATF)
9. Cyber Crimes Task Force
10. Other organizations or task forces designated by the Chief of Police
4.3.2 Department Coordination
The SES commander will coordinate all activities between the Section and other units or divisions of the Department. The units of SES will work closely with other Department employees to investigate criminal activity. The SES Homeland Security Unit will operate the Atlanta Criminal Information Network to coordinate information exchange both outside and inside the Department.
(CALEA 5th Ed. Standard 42.1.6a)
4.4.1 SES employees will not collect intelligence information on any person merely on the basis of:
1. The person's support of any unpopular causes.
2. The person's ethnicity, race or sexual orientation/preferences.
3. The person's religious or political affiliations.
4.4.2 Employees assigned to the Section will not:
1. Engage in any illegal activities in the collection of information or evidence.
2. Employ or direct another individual to engage in any illegal activities in the collection of information or evidence or to obtain such information or evidence through illegal methods.
3. Employ or use an individual to promote or instigate any type of criminal activity.
4. Collect intelligence data or information relating to the personal habits or predilections and non-criminal activities of any individual, unless such information is part of an officially documented subject profile or background investigation.
5. Provide information classified "sensitive" to any person without the permission of the Section commander or higher authority.
6. Use confidential intelligence data or information for political or economic purpose or for personal gain.
4.5 Special Equipment and Sources
4.5.1 Telephone
1. Upon the authorization of a court, law enforcement authorities can subpoena telephone tolls of an individual suspected of committing an illegal act. Proper analysis can often aid in substantiating intelligence information.
2. Pen register and wiretap information can be obtained with court approval. The HSU will provide support for these investigative aids.
3. Telephone conversations between an investigator and a subject may be recorded without court approval (see 4.5.3 below).
4.5.2 Confidential Sources
1. Information obtained from confidential sources should be evaluated carefully. Their information and the CS's reliability should both be considered before acting.
2. Confidential sources will be registered and handled as required by Departmental policy (APD.SOP.5160 “Confidential Sources”).
4.5.3 Audio Taping
1. Audio taping through any covert listening device (wiretap, wireless microphone, or other device) must have court approval unless there is consent by at least one of the parties involved in the conversation.
2. Prior to using an audiotape involving a confidential source or other person who voluntarily submits to the involvement (consent taping), a consent form will be signed by the person voluntarily submitting to the taping. A record of any consent taping will be made in the master file or other report.
4.5.4 Surveillance (CALEA 5th Ed. Standard 43.1.5)
1. Surveillance must be conducted within legal limits. Investigators may use binoculars, night vision devices and other optical aids, as long as the subject's "reasonable expectation of privacy" is not violated without court approval.
2. Covert surveillances of social gatherings and events frequented by persons engaged in criminal activity often provide indicators of inter and intra-group associations.
3. Surveillance during VIP operations and certain political activities such as rallies, etc., may be used in threat analysis and to assess potential for civil disturbance or other violence.
4.5.5 Technical and Surveillance Equipment (CALEA 5th Ed. Standard 43.1.4)
1. Sworn employees may use any technical devices for legitimate law enforcement purposes, in a manner which is both lawful and proper.
2. Electronic surveillance and other technical equipment which is used in a manner which requires court approval will only be operated under the control of an SES unit commander or higher authority.
3. Sophisticated technical equipment, which requires formal training, will be maintained in a secure location under the control of the Homeland Security Unit commander. Non-SES employees of the Department seeking this type of equipment will provide the HSU commander with a memorandum, from a Department supervisor, describing the proposed use of the equipment and the approximate time frame it is needed. The HSU commander or other designees will have the authority to issue available equipment. The issuing authority may deny any request deemed improper or questionable and refer the requestor to the SES commander.
4. All equipment will be logged both in and out on APD Form 355 “Technical Equipment Log.” The log will contain a description of the equipment, serial or Department number, the name and signature of the individual obtaining the equipment, the name and signature of the unit commander authorizing the use and releasing the equipment, and the dates involved.
5. Training in the safe, effective and legal use of specialized intelligence equipment is required prior to the employee using the equipment. The issuing commander will ensure that the person who will be operating the equipment is proficient in its use and care. An SES investigator who has been properly trained may be assigned to assist the user, if necessary. Technical equipment will not be issued to employees who are not formally trained in its proper use.
6. Upon return of the equipment, it will be inspected for damage and logged in. The officer having used the equipment will prepare a brief report describing how the equipment was used, if it performed as expected, and the results of the investigation in which it was used. The SES commander will use this information to assist in determining the Department’s technical equipment needs.
7. Equipment inventory and inspection will be performed annually. A complete listing of operational equipment will be forwarded through the chain of command to the Chief of Police.
4.6 Conducting Raid and Decoy Operations (CALEA 5th Ed. Standard 43.1.5)
4.6.1 Raid operations are guided by APD.SOP.3020 “Search and Seizure.”
4.6.2 Decoy operations are guided by APD.SOP.5110 “Undercover Operations.”
4.7.1 Background investigations will only be conducted in instances where subjects are already indexed or otherwise the subject of lawful and proper police interest. The information that may be collected on a subject's non-criminal activities and background is limited to criminal conduct or information related to activities that present a potential threat to the community.
4.7.2 Background investigations should be conducted discreetly and with special precautions. Investigators must ensure that a criminal investigation is not compromised and that background information is not leaked between sources of information during the collection process.
4.7.3 Background investigations may be conducted and used:
1. To support the intelligence function
2. On persons involved in white-collar crime
3. On persons involved in organized crime
4. On persons involved in drug and vice activities
5. To provide insight as to the extent of criminal activity of an individual or organization
6. To determine the identification, suitability, reliability, and trustworthiness of confidential sources
7. To provide the information required by the License Review Board for their legal responsibilities
4.7.4 Background investigations will be limited to:
1. Organized crime figures
2. Indexed persons or organizations that represent a continuing threat to the community
3. Major criminals or suspects in serious crimes where background information may assist in case resolution or prevent additional crimes
4. Applicants for City-issued permits
5. Confidential sources
4.7.5 Each background investigation report will clearly state the purpose of the investigation.
4.7.6 Potential sources of information include:
1. Confidential sources
2. Departmental and other government files
3. Private industry and medical records
4. Utility records
5. Bank records
6. Neighborhood inquiry
7. Mail covers
8. Surveillance measures
9. Financial institutions
10. Business associates
11. Current and former employers
12. Utility companies
13. Public records
14. Intelligence reports
15. Criminal histories
16. Other law enforcement agencies
17. Pawn shops
18. School officials and classmates
4.7.7 The use of background information is limited to those purposes described in section 4.7.3. Background reports will not be disseminated outside SES without the approval of the Section commander, except that those supporting the permits function may be disseminated to the License Review Board as required.
4.7.8 Background investigations will be indexed and maintained with associated subject files. They are subject to review and destruction along with the other files relating to the subject.
4.7.9 All information obtained in a background investigation will be incorporated into the criminal case file or placed in the intelligence files.
4.7.10 All records will be retained and purged according to the Department’s records retention policy.
4.8.1 Conveying intelligence information throughout the Department is critical to the overall success of enforcement activity, and the suppression of various crime trends. Notification of significant incidents and sensitive investigations will be made to the Chief of Police or his designee in a timely manner. Various modes of acceptable communication are required when placing notification of sensitive intelligence. The Communications Section will serve as a central point of communication when necessary. The Homeland Security Unit commander will utilize alternative modes of communication to keep the chain of command appraised of significant intelligence. For example: radios, text paging, cell phones, Internet / email, and memoranda. The Homeland Security Unit commander will also complete a monthly report for the Chief of Police highlighting significant investigations and arrests. This report will be classified “Sensitive” and stored accordingly. (CALEA 5th Ed. Standard 43.1.1d)
4.8.2 The Intelligence Squad file clerk is responsible for the maintenance and proper order of the Section's intelligence files and will insure that access to the files is granted only to persons having proper authorization.
4.8.3 The collection of intelligence information is limited to criminal conduct or information that relates to activities that present a threat to the community. (CALEA 5th Ed. Standard 42.1.6e)
1. Potential threats include:
a. Organized crime and/or gang related activity.
b. Terrorist or subversive activity involving the calculated use of violence or the threat of violence to attain political, religious, or ideological goals by instilling fear, using intimidation, or coercion.
c. Vice activity relating to prostitution, bookmaking, gambling, child pornography, and obscenity.
d. White collar incidents relating to computer crimes.
e. Controlled substance activity involving the illegal manufacturing, possession, use, sale, or distribution of drugs or alcohol.
f. Civil disturbance related activities.
2. Types and quality of information that may be included in the intelligence system include:
a. Raw data: information that might be fragmentary or unsubstantiated, which provides an indication of possible criminal activity.
b. Significant information: has obvious value and may justify further inquiry and/or the initiation of a formal criminal investigation.
c. Strategic intelligence: information about existing patterns or emerging trends of criminal activity ordinarily collected over a period of time.
d. Tactical intelligence: information about a specific event or situation that can be put to use immediately by operational units.
4.8.4 Homeland Security Unit (HSU) Employees (CALEA 5th Ed. Standard 42.1.6d)
1. HSU employees will perform intelligence-gathering activities in accordance with this directive.
2. When appropriate, HSU employees will respond to the scene of any criminal incident related to the activities identified above.
3. HSU Investigators will not take part in any joint investigations or intelligence gathering activities with an outside agency without the prior approval of the Chief or his/her designee.
4.8.5 Electronic surveillance will only be conducted in accordance with provisions of the Georgia Code. Violations of any of the requirements as set forth in the Code will be brought to the immediate attention of the SES commander.
1. In order to comply with minimal requirements of the courts and reduce the number of subpoenas, participation in electronic surveillance operations will be limited to the smallest number of employees possible.
2. During electronic surveillance operations, access to the monitoring site (TAC room) is restricted to those officers who are on the court witness list.
4.8.6 A supervisor will brief all persons assigned to undercover operations about the goals and objectives of the investigation and their collective efforts will be limited to such activity.
4.8.7 All information received by SES will be evaluated and the source of the information will be noted in the reports. Information sources may include personal observations, confidential sources, media sources (cite the name of the publication), etc. An Intelligence investigator will evaluate the information.
4.8.8 Organized crime investigative reports produced by employees of the Homeland Security Unit will be maintained and indexed in the files of the HSU. Intelligence reports that relate to the mission of the section, that are submitted by other sections or units of the Department, will be maintained and indexed by the HSU. An investigator will evaluate this information prior to filing.
4.8.9 When reports from other Federal, state, county, and municipal law enforcement agencies engaged in organized crime enforcement are obtained, they will be logged in and then evaluated as to their accuracy and reliability by an investigator prior to being incorporated into the files.
4.8.10 Policies regarding the collection of intelligence data will be evaluated by the HSU commander or his/her designee on a semi-annual basis to ensure that any new legislative or judicial guidelines are being followed.
4.9 Evaluation of Information Quality (CALEA 5th Ed. Standard 42.1.6)
4.9.1 Information will be evaluated by each SES officer or investigator preparing reports in accordance with the following procedure and assigned a reliability level of 1 through 5. The reliability level number will be placed in the left margin of the report.
4.9.2 Intelligence reports will indicate the source of the information. The investigating officer will evaluate the source for its accuracy and validity and include the evaluation in his or her written report.
4.9.3 The officer or investigator receiving the information will attempt to substantiate the information through other sources. Where information is obtained from secondary sources (i.e. mass media, etc.) officers should ascertain the relationship between the individuals in question. Investigators should be reasonably certain that the secondary data establishing a relationship with the primary subject and other persons is valid and accurate. A copy of each report prepared by investigators assigned to the Special Enforcement Section will be forwarded to the Homeland Security Unit.
4.10.1 Lead Sheets and Initial Reports (CALEA 5th Ed. Standard 43.1.1a)
1. Any employee of SES may prepare Investigative Lead Sheets for vice, drugs, and organized crime by receiving complaints or other information for investigation. Information may be received from incident report forms, telephone calls, letters, e-mail, meetings or memoranda. SES unit supervisors will forward a copy of all investigative lead sheets (Form APD 354) completed by their employees to the HSU for analysis.
2. Supervisors will indicate on the lead sheet, or other type of report, if the matter is currently under investigation by their unit. When evaluating lead sheets or other reports for possible investigative action, reviewers will be guided by questions such as:
a. Is the original intelligence information valid?
b. What is the criminal nature of the problem?
c. How important is the problem?
d. What lead information exists?
e. What investigative techniques might be used?
f. Does the Department have sufficient resources?
g. What possible operational problems exist?
3. Using the collation and analysis process, the HSU employees will be responsible for recommending what further action should be taken with the various reports submitted, unless investigative action has already been ordered by a unit supervisor.
4. Information obtained from a confidential source will be so indicated in any report. The investigator will refer to the confidential source by his or her Department confidential source number.
5. A record will be maintained on all complaints and investigative lead sheets received concerning vice, drug, and organized crime. (CALEA 5th Ed. Standard 43.1.1b)
6. A record will be maintained anytime information is conveyed to or received from an outside agency regarding vice, drugs or organized crime. (CALEA 5th Ed. Standard 43.1.1c)
Investigations which result in arrest and those for which a Department complaint number is issued will be handled in accordance with the provisions of the APD.SOP.5010 “Criminal Investigations Division”. However, cases which involve active or on-going investigations will be kept in the unit files until the investigation is complete, except for arrest reports and/or an initial "skeleton" incident report. This report is used primarily to acknowledge issuance of the complaint number and will not contain information, which may compromise an investigation. Copies of each report and supplement will be sent to the HSU for analysis.
1. Intelligence investigative reports will be submitted on Department forms or in memorandum format. The contents of reports should be objective, distinguishing reliable or verified data from opinion, inference, or hearsay. Reports should be arranged in a logical and concise manner. All names in the report will indicate the individual's full name, current address, full date of birth and criminal record number(s) when this information is available. Also, the individual's relationship with any organized crime group, if known, will be described in the report.
2. Ideally, all data contained in the reports should be substantiated by more than one source. If this cannot be done, the investigator should take reasonable steps to ensure the validity of the data.
4.10.4 Confidential Reports - Sensitive Information
1. Although all information handled by SES is considered "for official use only," and dissemination is thus limited, reports that meet any of the following criteria will be classified "Sensitive," with more stringent controls:
a. There is substantial or unusual risk that the physical or economic well-being of a confidential source or their family could be jeopardized if the information were to be released.
b. Release would jeopardize a major pending investigation.
c. The report contains information extracted from electronic surveillance, unless classified otherwise by the District Attorney.
d. Release could result in political or economic extortion of an individual.
e. Any information of a restricted or confidential nature obtained from another agency. This does not apply to general intelligence information, which the other agency has designated "Confidential-for law enforcement use only" which is intended to be shared among law enforcement intelligence officers.
2. All active records and reports relating to vice, drugs and organized crime investigations will be maintained separately from other files and will not be disseminated without the approval of the SES commander. Access is limited to the SES commander or his or her designee, the CID commander, the Assistant Chief, and the Chief of Police. Designees will be assigned in writing.
3. Classified documents will be stamped with the following inscription whenever disseminated at any level:
4. SES officers preparing reports may use their discretion and have the authority to classify their reports, pending initial review by the SES commander. Intelligence reports that are classified "sensitive" will be submitted directly to the SES commander. The SES commander may immediately declassify the material, if appropriate.
5. Each sensitive information file will be reviewed after one year by the SES commander or his/her designee for the purpose of evaluating the need to maintain its classified status. Files, which no longer meet the above criteria, will be declassified and relocated to an appropriate file.
4.11 Guidelines for the Collation Process
4.11.1 The Homeland Security unit analyst will review all incoming intelligence reports provided by HSU officers and other reports not previously reviewed by an HSU investigator, determining which information is to be contained in the intelligence files. The analyst will ensure that intelligence information that is retained is limited to criminal conduct or information that relates to activities that present a threat to the community. The analyst will classify all vice, organized crime, narcotics, and criminal intelligence data into the following subject categories:
1. Geographic area
2. Type of criminal activity
3. Organized crime group or family (by name)
4.11.2 Incoming intelligence information will be considered raw intelligence data and this information will not be disseminated, unless authorized by the Chief of Police.
4.11.3 The Homeland Security Unit will be responsible for maintaining an index on complaints or allegations from other agencies or citizens which are received by the Special Enforcement Section. The HSU will use the index and report information to establish relationships and patterns of activity.
4.11.4 A HSU investigator will be responsible for reviewing all investigative and intelligence reports received by SES. Data deemed irrelevant or immaterial will not be maintained in the intelligence files. Information considered unreliable will not be included in the consolidated files of SES.
4.11.5 The HSU investigators and analysts will be responsible for strategic and tactical intelligence assessments. It will also be their responsibility to develop, project, and estimate patterns and trends of criminal activity in Atlanta, and to recommend target investigations, for approval by the HSU commander and the SES commander.
4.12 Intelligence Files / Recording and Storage of Data
4.12.1 The following files will be maintained for the Section by the Homeland Security Unit. These files represent the intelligence data retention system for the Section. All files will be cross-referenced in a master index system.
1. Master File - This main file will contain the bulk of the Department's intelligence information, especially that which is long term and reliable.
2. Working File - This file will contain raw information, which is limited by the criteria below (4.12.7). It will also serve as the working file for Intelligence investigators as they develop new information.
3. Mass Media File - This file will contain clippings from mass media publications, such as newspapers and magazines, which an investigator believes has a bearing on the mission of the Department and SES.
4. Sensitive Information File - This file will contain all reports and information, which have been marked and approved as classified ("sensitive information"). This file will be accessible only to the SES commander (or official designee, if any), CID Commander, Assistant Chief, and the Chief of Police.
5. JTTF File - The Joint Terrorism Task Force file will contain all information received from this organization.
6. GISAC - The Georgia Information Sharing and Analysis Center file will contain all information received from this organization
7. Suspense File - This file is used to temporarily hold information scheduled for destruction. Information will be held here not longer than 90 days, after which it may be returned to the master file (having been updated) or destroyed.
4.12.2 An Intelligence analyst or investigator must review all information prior to it being recorded and stored, with the exception of "Sensitive Information" reports, which may be submitted directly to the SES or HSU commander.
4.12.3 The person reviewing the data must determine if maintaining the information is in accordance with APD.SOP.1050 “Records Management and Retention” policy. Data determined not to be relevant will be deleted. The investigator or analyst will record his or her evaluation of the file by memorandum submitted to his/her supervisor.
4.12.4 Names and other identifying information of significant individuals, corporations, and other organizations will be recorded in a master database. The master database entry will provide sufficient data so as to provide positive identification of the individual contained in the file. Each database entry should provide enough information to point to all relevant files. If an officer obtains information about an individual who cannot be properly identified, the database entry will show the alias known to the officer. Periodic attempts will be made by the officer to update the data. Typically this information will be filed in the working file.
4.12.5 Surveillance photos will be maintained with their associated reports. If the file is purged, all associated photographs will also be destroyed.
4.12.6 Types of Information to be filed (CALEA 5th Ed. Standard 42.1.6a)
Only information which meets the mission of the HSU will be kept in the files. The following types of information may be maintained:
1. Criminal history information concerning the arrest, indictment, or warrants for arrest of an individual. This includes data relative to an arrest or indictment report. The report should include the individual's APD and FBI numbers and the identifying number of the investigating authority. This information may also include information concerning the subject's prison experience and associations or ties with other known criminals.
2. Any individual who has been identified as a perpetrator of a crime by a witness or competent evidence.
3. Any individual who threatens violence against people or property.
4. Any individual for whom reasonable suspicion exists to believe the individual is engaged in, or is conspiring to engage in, criminal activity.
5. Information concerning an individual's criminal activities that, when properly analyzed, would provide tactical or strategic intelligence.
6. Information on the criminal activity of an organized crime figure.
7. Information required to be maintained in the files of the Intelligence Squad as dictated by law or as established by the SES commander, or higher authority.
8. Information relating to the identity of a victim, witness, or complainant to criminal endeavor.
9. Background information that reflects social, political, business, or professional associations of prominent organized crime figures. Files on those persons determined to be leaders in any organized criminal conspiracy will be maintained. These files may contain background information on the individual including, but not limited to, the following:
a. Full name.
b. Aliases.
c. Current and former addresses.
d. Citizen or alien.
e. If alien, identifying number.
f. Date and place of birth.
g. Social security number.
h. Height, weight, eye and hair color.
i. Any scars or tattoos.
j. Immediate family and other relatives.
k. Schools attended.
l. Medical ailments and physical deformities.
m. Criminal record number and summary of criminal activities.
n. Type of illegal activity engaged in.
o. Criminal, business, professional, and social associates.
p. Alliances with persons holding public office.
q. Legitimate interests.
r. Organized crime group affiliation.
s. Establishments frequented.
4.12.7 The working file will be used to record data that meets any of the following criteria:
1. The data has been evaluated either as "not usually reliable" or "reliability cannot be judged".
2. The data cannot now be substantiated; however, may prove useful in the future.
3. The data is too vague or sketchy to be placed in the master file. There should be reasonable probability that, once more data is obtained; comparisons and correlations can be made.
4. Persons arrested or indicted for a criminal incident (relative to the mission of the Section) and found not guilty, acquitted, or never resulting in trial. Such criminal history information will be released only as authorized by law and other Department procedures.
5. Investigative Lead Sheets (APD Form 354).
4.12.8 Mass Media File
1. The mass media file will contain information extracted from sources of mass media and must be in keeping with the mission of the Department and SES. Mass media information can be extremely helpful in providing investigative leads; identification of persons, businesses, etc.; and as an indicator of issues of public concern.
2. Data extracted from mass media sources generally will not receive further direct investigation. The primary purpose of this file is for research and strategic crime assessments by the HSU staff.
3. An investigator who feels that the media source raises an issue which requires further investigation will advise the HSU commander. If the HSU commander authorizes an investigation, the investigator should attempt to verify the accuracy of the article. The investigator will submit a report concerning his or her findings about validity. A copy of the article will be attached to the investigator's report. The report will then be treated as any other intelligence report.
4. Media articles may be indexed by categories, groupings, individual identity (significant names), or other method, which will allow for some means of useful retrieval.
4.12.9 Suspense File
The suspense file will contain all file records purged from the master or other files, as they await destruction. It will be the responsibility of the HSU analyst to maintain this suspense file and notify appropriate investigators of the pending file destruction (see section 4.13).
4.13 Screening, Auditing, and Purging of Data (CALEA 5th Ed. Standard 42.1.6c)
4.13.1 The SES commander is responsible for ensuring that the Section’s files contain only information that is in accordance with this procedure. The SES commander is also responsible for ensuring that Section employees strictly adhere to all administrative, judicial, or legislative guidelines that are established by the State Attorney General, the courts, or the legislature relating to vice, narcotics, organized crime and intelligence operations.
4.13.2 To audit the files and eliminate out-of-date or incorrect information the following procedures will be used:
1. On a daily basis, the analyst will screen all reports to be recorded and filed (with the exception of classified reports) in accordance with the procedures of section 4.10. If the analyst determines that the information does not meet the criteria necessary for retention, the analyst may consult with the HSU commander who will decide if the material is to be retained.
2. The SES commander will select employees of the Section to audit SES intelligence files on an annual basis. Any information that has not been updated within a (5) five-year period is subject to review for purging / destruction and will be transferred into the suspense file. The investigators who submitted the original reports will be requested to provide an update of the information contained in the reports. If the information is updated, it will be returned to the files. If the investigator does not submit an update within ninety days, the report will be evaluated for retention or destruction. The HSU will provide and update if the original reporting officer has left the Department. If information is destroyed, the index record will be kept as a means of indicating what report number(s) were deleted from the system. The index card will reflect the date of destruction and be initialed by the supervising destruction officer.
3. The sensitive information file will be audited on an annual basis. The SES commander will designate an SES officer to review the files and downgrade any data that does not meet the criteria in Section 4.10.4. Classified information may be either retained as classified or declassified. It may not be destroyed prior to downgrading.
4. If the officer recommends that information contained in the sensitive information file be declassified, it will be transferred to the master file and indexed appropriately.
5. The decision to eliminate intelligence data from the files of SES will be based upon the following considerations:
a. How often has data been requested on the subject in the file?
b. How valid is the data?
c. Has the data been confirmed by other sources or is it unsubstantiated?
d. Does the data still concern the mission of the Section?
e. Could the data be useful in future section activities?
f. Can the data be used for any present or future strategic or tactical intelligence studies?
g. Would updating the information be of value?
4.14 Dissemination of Information
4.14.1 To protect the Constitutional rights of persons named in the files of the Special Enforcement Section, these guidelines will be strictly followed in the dissemination of information:
1. General requirements - Police information is for official use only. All employees of the Section will treat as confidential the business of the Section. They will not impart information regarding Section business except to those for whom it is authorized, or as may be directed by the SES or HSU commander, or under due process of law. They will not talk for publication, be interviewed, or make speeches on police business except by permission of the SES commander.
2. Information taken from the intelligence files will not be disseminated, either within the Department or externally, without authorization.
3. Dissemination of tactical intelligence information may be made by the holder of the information to any law enforcement unit or agency having primary jurisdiction whenever circumstances dictate the need for immediate action. If the circumstances are not urgent, officers having tactical information will seek supervisory approval before release.
4. Dissemination of information will be logged on the subject's index card. The entry should include the agency and individual making the request, the date and time of the request, and the nature or circumstances of the request.
5. Prior to the dissemination of any intelligence data, the SES commander will consider the following:
a. The accuracy and reliability of the data.
b. Whether the dissemination of the data would compromise the identity of a source of information.
c. The type of information being requested, i.e. criminal history, general intelligence data, etc.
d. The requestor’s right and need to know.
4.14.2 Dissemination within SES
1. Information from the intelligence files will be available to all SES investigative employees on a need-to-know basis, as determined by the file clerk or other person authorized full access to the file room records.
2. The file clerk will ensure that the appropriate notations are made on the file index card whenever information is reviewed or released. No entry is required on Form APD 379 “SES Dissemination of Information Log” for requests internal to SES.
4.14.3 Dissemination within the Department
1. The index of intelligence information will be available for query by all sworn officers of the Department. Any member of the HSU is authorized to respond to an intelligence file record check to determine if the subject is indexed. If the subject is indexed, the requester will be referred to the SES commander or the HSU commander; who are the only employees authorized to release information from the files.
2. Requests can be made either verbally or in writing. The requestor must state the reason for the request and the nature of the investigation.
3. Requests for information coming from outside SES will be noted in the dissemination log if information is released.
4. Any written information disseminated will bear the appropriate release stamp.
4.14.4 Dissemination Outside the Department
1. Information contained in the SES intelligence files will not be disseminated, formally or informally, to any non-law enforcement agency or individual, unless expressly authorized by the Chief of Police.
2. Intelligence file information requests from outside law enforcement agencies and officers should be directed to the SES commander or the HSU commander. The request can be made either verbally or in writing. If the request is made orally, the receiving officer must confirm the identity and authority of the requestor. Information may be disseminated only with the approval of the HSU commander or higher authority.
3. It is the responsibility of the individual disseminating any SES official information to ensure that the request is for a legitimate law enforcement purpose. If it is found that the request was made for a non-law enforcement purpose, the SES commander will be advised immediately.
4. Written reports sent to the requestor will be addressed to the agency head, attention directed to the specific requestor. All written reports disseminated to other law enforcement agencies must bear the following official release statement:
5. If the information to be released contains any criminal history data, its accuracy will be verified with the Department's Identification Unit.
6. Written correspondence being disseminated will be prefaced with a letter of transmittal on official police stationery bearing the signature of the SES commander.
7. Information classified "sensitive" will not be disseminated without the direct authorization of the SES commander or higher authority.
8. The file clerk will maintain a list of all law enforcement agencies that have been authorized by the SES commander or the HSU commander to request information from the SES intelligence files.
4.14.5 Dissemination of Recordings and Information Obtained Via Electronic Surveillance
1. In accordance with applicable provisions of the Georgia Code and Federal statutes, information obtained via electronic surveillance can be disseminated to local and Federal law enforcement agencies in the State of Georgia providing they possess a "need to know" and a "right to know" in furtherance of an investigation. The SES commander will ensure any information obtained via electronic surveillance and subsequently disseminated, is in accordance with legal restrictions.
2. Information taken from electronic surveillance will be maintained in the sensitive information file.
3. Duplicates or copies of tape recordings of electronic surveillance material will not be disseminated without the authorization of the SES commander.
4. Duplicates or copies of interview and other consent recordings will not be disseminated without approval of a unit supervisor.
5. Information obtained by electronic surveillance or recordings, which are provided to another agency, must be signed for. The SES commander will also ensure that the receiving agency is aware that the information or recordings are not to be duplicated or given to another agency without prior approval of the Department or the superior court that authorized the electronic interception of oral communications.
4.14.6 Dissemination of Photographic Surveillance Material
Surveillance photographs will only be disseminated with the approval of the SES commander or designee. The commander will ensure that the dissemination of the photographs is in accordance with legitimate law enforcement needs.
4.14.7 Dissemination of Data Obtained from Mass Media Sources
1. Mass media information that is disseminated from the intelligence files will bear the following inscription:
4.14.8 Dissemination Log
A record of requests and disseminations will be maintained in the form of a Dissemination Log (Form APD 379). This log will indicate the date a request was made, the agency and individual making the request, if the request was granted or denied, the reason for the request or nature of the investigation (right and need to know), the individual who honored the request, the file name/number, and the date the information was transmitted and to whom it was sent. Entries are not required for disseminations internally within SES. This log will be retained for five years.
4.15.1 File security
(CALEA 5th Ed. Standard 43.1.2) Records and reports relating to active vice, drug and organized crime investigations will be securely filed and maintained separately from the Central Records system.
1. The SES commander will ensure that the intelligence files are secure.
2. Only authorized individuals will have access to the file room due to the sensitivity of these records. The following individuals will have full access to the intelligence file room: the SES commander, HSU commander, intelligence analyst, and the file clerk.
3. The SES commander or designee will secure and maintain custody of all data contained in the sensitive information file.
4. The SES commander or designee will secure the SES intelligence files at the termination of each duty day.
4.15.2 Document destruction and disposal
1. Information contained in the active files of the HSU will be reviewed and kept in accordance with APD.SOP.5010 “Criminal Investigations Division”.
2. Information contained in the files of active or completed investigations will be maintained and purged in accordance with the agency's records retention schedule.
3. Each SES employee is responsible for ensuring that unneeded documents are disposed of properly.
4. The following material will be shredded prior to disposal:
a. Documents containing information classified "sensitive."
b. Documents relating to the personal history or identification of confidential sources, indexed persons, police officers, government officials, or victims and complainants whose anonymity or relationship with the Department may need safeguarding.
c. Documents and reports obtained from other law enforcement agencies.
d. Intelligence reports and documents.
e. Documents or notes containing background information.
5. Magnetic recording tapes, both audio and video, will be magnetically overwritten, preferably by a bulk erasure device.
6. Computer diskettes should be reformatted for complete destruction of the data.
(CALEA 5th Ed. Standard 42.1.6b)
1. Visitors are required to register with the receptionist prior to being admitted to the office. This requirement includes non-SES employees of the Department, employees of another law enforcement agency, and non-law enforcement persons. Employees of the section will escort visitors while on the premises. Non-law enforcement visitors, especially confidential sources, will be escorted at all times.
2. File folders and reports will be stored securely when not in use. Desktops and other surfaces will be kept clear of investigative and intelligence information when visitors, especially confidential sources, are nearby. Supervisors will ensure that bulletin boards, which may be viewed by any non-employees, do not contain confidential information.
3. The Section offices will be secured and the alarm system armed at the end of each duty day.
4. All locks or combinations to SES areas containing classified or otherwise restricted information or material will be changed upon transfer or resignation of any employees who had access to such areas. The CID commander will be notified in writing whenever locks are changed. The CID commander will also keep a back-up copy listing any codes or combinations in use.
4.16.1 The Confidential Fund is governed by APD.SOP.5150 “Confidential Fund”.
5.1 Background investigation: An investigation, the primary purpose of which is to verify or develop information pertaining to the identification, status, history, surroundings, or condition of persons, organizations, or events that may have criminal involvement or are regulated by the License Review Board. Used herein, the term does not apply to background investigations conducted for administrative reasons, such as those performed on police applicants and employees.
5.2 Drugs: The illegal use, sale, distribution, and manufacture of controlled substances.
5.3 Electronic surveillance: A wiretap or other technical means of gathering information, which requires court approval under state law or Federal statutes.
5.4 Indexed person: An individual who has two forcible felony convictions, and/or a pattern of criminal activity that indicates a connection to an organization of criminals, and/or is in possession of large amounts of cash or other wealth with no legitimate explanation.
5.5 Organized crime: Participation by members of an organized group or street gang in any illegal activity to included extortion, theft, fencing, loan-sharking, labor racketeering or other incidents for profit such as: supplying illegal goods or services, prostitution, drugs, liquor, weapons and/or the illegal use of force, fraud, bribery, or corruption.
5.6 Public official: An individual currently holding public office either elected or appointed.
5.7 Strategic intelligence: Information about existing patterns or emerging trends of criminal activity ordinarily collected over a period of time.
5.8 Tactical intelligence: Information about a specific event or situation that can be put to use immediately by operational units.
5.9 Target: A person, organization, or other entity at which proactive investigative efforts may be directed.
5.10 Vice: activities such as prostitution; illegal sale, manufacture and consumption of alcohol; manufacture, sale, or distribution of obscene or pornographic materials.
APD.SOP.5030 "Special Enforcement Section", issued July 1, 2004
Georgia Department of Archives and History; Retention Schedules for Local Government Records May 2003.
Managing Public Records; Common Records Retention Schedules for Municipal Governments, Office of Secretary of State, Department of Archives and History, 1984.
APD.SOP.1050 “Records Management and Retention” APD.SOP.3066 “Bias Crime Data Reporting” APD.SOP.5010 "Criminal Investigations Division” APD.SOP.5050 “Cyber Crimes” APD.SOP.5070 “Gang Task Force” APD.SOP.5080 “Financial Investigations Squad” APD.SOP.5130 “License and Permits Unit” APD.SOP.5150 “Confidential Fund” APD.SOP.5160 “Confidential Sources”
Form APD 354 Investigative Lead Sheet Form APD 355 Technical Services Section Request Form Form APD 379 SES Dissemination of Information Log
CALEA 5th ed. Standards 42.1.6, 43.1.1, 43.1.2, 43.1.4, and 43.1.5 |
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