CONFIDENTIAL INFORMANTS Model Policy Effective Date December 1, 1989 Number Subject Confidential Informants Reference Special Instructions Distribution Reevaluation Date November 30, 1990 No. Pages I. PURPOSE The purpose of this policy is to provide regulations for the control and use of confidential informants (CI). II. POLICY In many instances, a successful investigation cannot be conducted without the use of Cls. While the use of Cls is an effective tool in investigations, it can be undermined by the misconduct of either the CI or the officer utilizing the informant. Therefore, it shall be the policy of this law enforcement agency to take necessary precautions by developing sound informant control procedures. III. DEFINITIONS A. Confidential Informant File: File maintained in order to document all information that pertains to confidential informants. B. Unreliable Informant File: File containing information pertaining to individuals determined generally unfit to perform as informants. IV. PROCEDURES A. Establishment of an Informant File System 1. The commanding officer in charge of the criminal investigations function shall be responsible for developing and maintaining master informant files and an indexing system. 2. A file shall be maintained on each CI used by officers. Each file shall be coded with an assigned informant control number and shall contain the following information: a. Informant's name; b. Name of officer initiating use of the informant; c. Informant's photograph, fingerprints and criminal history record; d. Briefs of information provided by the CI and its subsequent reliability. If an informant is determined to be unreliable, the informant's file shall be placed in the unreliable informant file; e. Signed informant agreement; and f. Update on active or inactive status of informant. 3. The confidential and unreliable informant files shall include an indexing system. An informant history summary, coded with the informant control number, shall be prepared to correspond to each informant file and include the following information: a. Special skills, avocations; b. Date of birth; c. Aliases; d. Height, weight, hair color, eye color, race, sex, scars, tatoos or other distinguishing features; e. Current home address and telephone number; f. Residential addresses over the last five years; g. Current employer, position, address and telephone number; h. Marital status and number of children; i. Vehicles owned and their registration numbers; and j. Places frequented. 4. Informant files shall be maintained in a secured area within the criminal investigations section. 5. The two informant files shall be utilized in order to: a. Provide a source of background information about the informant; b. Provide a complete history of the information received from the informant; c. Enable review and evaluation by the appropriate supervisor of information given by the informant; and d. Minimize incidents that could be used to question the integrity of investigators or the reliability of the CI. 6. Access to the informant files shall be restricted to the chief law enforcement executive, the commander of criminal investigations or their designees. 7. Sworn personnel may only review an individual's informant file upon the approval of the commander of criminal investigations. The requesting officer shall submit a written request explaining the need for review. A copy of this request, with the officer's name, shall be maintained in the CI's file. B. Use of Informants 1. Before using an individual as a CI an officer must receive initial approval from a supervisor authorized to make this approval. 2. The officer shall compile sufficient information through a background investigation in order to determine the reliability and credibility of the individual. 3. After the officer receives initial approval to use an individual as a CI, an informant file shall be opened. 4. All persons determined to be unsuitable for use as a CI shall be referenced in the Unreliable Informant File. 5. An officer wishing to utilize an unreliable informant shall receive prior approval from the chief executive officer, or his or her designee. C. General Guidelines for Handling CIs 1. All CIs are required to sign and abide by the provisions of the departmental informant agreement.* The officer utilizing the CI shall discuss each of the provisions of the agreement with the CI, with particular emphasis on the following: a. Informants are not law enforcement officers. They have no arrent powers, are not permitted to conduct searches and seizures and may not carry a weapon; b. Informants will be arrested if found engaging in any illegal activity. They will receive no special legal considerations; and c. Informants are not to take, and the department will not condone, any actions that may be considered entrapment. Entrapment occurs where the informant encourages, persuades or otherwise motivates a person to engage in criminal activity. 2. No member of this agency shall knowingly maintain a social relationship with CIs while off duty, or otherwise become personally involved with CIs. Members of this agency shall not solicit, accept gratuities or engage in any private business transaction with a CI. 3. Whenever possible, an officer shall always be accompanied by another officer when meeting with a CI. 4. Juveniles shall only be utilized as Cls in accordance with departmental regulations and state laws pertaining to juveniles. BY ORDER OF CHIEF OF POLICE This model policy is intended to serve as a guide for the police executive who is interested in formulating a written procedure to govern the use of confidential informants. The police executive is advised to refer to all federal state and municipal statutes ordinances, regulations and judicial and administrative decisions to ensure that the policy he or she seeks to implement meets the unique needs of the jurisdiction. INFORMANT AGREEMENT During my association with the Police Department as an Informant, I, the undersigned, do hereby agree to be bound by the following conditions and procedures while so associated: 1. I agree that I have no police power under the State of or any local governmental subdivision and have no authority to carry a weapon while performing my activity as an Informant. 2. I acknowledge that I am associated with the Police Department as an Informant on a case or time basis as an independent contractor and that any payment I receive from the Police Department will not be subject to Federal or State Income Tax Withholding or Social Security. All reporting of income is the responsibility of the Informant. 3. I further acknowledge that as an Informant and independent contractor, I am not entitled to Workman's Compensation or Unemployment Compensation from the State of and I shall not hold County liable for any injuries or damage incurred by reason of my association with the Police Department. 4. I further agree not to divulge to any person, except the investigator with whom I am associated, my status as an Informant for the Police Department unless required to do so in court and shall not represent myself to others as an employee or representative of the Police Department. 5. I further agree not to use the Police Department or any of its officers as credit references or employment references unless prior approval is obtained from the investigator with whom I am associated. 6. I further agree that my association with the Police Department does not afford me any special privileges. 7 I further agree that after making a purchase of anything of evidentiary value, I will contact the investigator with whom I associated as soon as possible for delivery of such evidence to him. 8. I further agree to maintain a strict accounting of all funds provided to me by the Police Department as part of my activity as an Informant. I understand that misuse of county funds could be grounds for criminal prosecution against me. 9. Finally, I agree that violation of any of the above enumerated provisions will be grounds for immediate termination and probable criminal charges. Dated this day of , 19 . Informant Investigator