Topeka, Kansas

Police Department

Standard Operating Procedure

 

Subject: Use of Informants

 

 

Number: DL27

Code: S

Issued: 13 May 2005

Effective: 20 May 2005

Review: 20 May 2008

Rescinds: DL27 “Use of Informants/Crimestoppers”; Issued 26 Sep 2001

Other References: CALEA 42.2.9.A-I ; KSA 60-436; City Resolution #6475; City Code 90-81 To 86; CID SOP “Informants”; “Imprest Funds” and “Criminal Intelligence”

Date Revised 10/15/1999; 4/25/2001; 4/28/2005

 

PURPOSE

 

Officers of the Department are encouraged to contact and develop reliable information sources outside the law enforcement community. 42.2.9.i Informants are assets of the Department and are essential to criminal investigations. Information from Informants often provides leads to solve cases. Informants are an important resource in the fight against crime and are a judicially recognized source of information.

 

DEFINITIONS

 

D1 Informant: Is a reliable person who offers verifiable information regarding the illegal activities of others.

 

D2 Anonymous Informant: An unknown informant who provides information regarding the illegal activities of others, and who requests to remain anonymous.

 

D3 Confidential Informant: A known informant who provides information regarding the illegal activities of others and requests not to be identified. This person’s identity may be subject to discovery in court.

 

D4 Master CI File: Consists of the following: Check Sheet, Photo, Informant Agreement, Fingerprints, Triple I, Parole or Probation documentation, TPD New World name search, Cooperation Agreement (If informant is working off charges), If Informant is a Juvenile(approval by parent or guardian) any other authority letters.

 

D5. Officers Working CI File: Consists of the following as a minimum: Copies of master file information, Imprest sheets, property receipts, Intel Reports on CI, any other paperwork related to CI.

 

REGULATION

 

1. Officers shall take precautions with opposite sex informants. Officers will have a second officer present preferably the same gender as the informant in any meetings, interviews or other potentially questionable circumstances with the informant.

 

2. Limitations: 42.2.9.g

 

  1. No officer shall engage in sexual activity with an informant of the police department.

 

  1. No officer shall engage in a casual or financial relationship with an informant of the Department other than to pay approved government funds to the informant.

 

  1. No officer can provide immunity to an informant or make any agreement to work off charges or warrants. Prosecuting authorities must address a question of immunity.

 

  1. No officer should promise an informant that the informant will not have to testify.

 

  1. Juveniles will be used for informational purposes ONLY unless approved by a parent or guardian and the respective Division Commander. 42.2.9.

 

  1. The prosecuting authority should be kept abreast of investigations involving an informant working off charges.

 

  1. Officers should keep their supervisors informed of any meetings and activities involving informants, and will complete an intelligence report documenting all meetings.

 

  1. Two Officers will be assigned to any and all planned informant contacts. This will include interviews, contacts, searches; exchange of money or contraband, and observing buys. If an unplanned meeting occurs, the officer should request another officer’s presence as soon as possible. A second Officer will witness payment to a CI for any reason. The witness will sign the payment sheet or other documentation for verification.

 

  1. Arrest warrants will only be excused or not served at the direction or permission of a judge of the jurisdiction issuing the warrant.

 

3. Confidentiality is both desired and necessary when working with informants. All attempts should be made to prevent disclosure of an informant’s identity unless the informant agrees to testify. 42.2.9.e KSA 60-436 provides limited protection of an informant’s identity. Employees shall not divulge the identity of an informant except as required in the course of their duties, which may include: 42.2.9.e

 

  1. An order from a court of competent jurisdiction,

 

  1. A request by the prosecuting authority or

 

  1. A request by a Command Staff Member.

 

  1. Informant Files are not to be removed from Department Premises except as authorized by above listed authorities.

 

  1. Informant Files that are no longer in use are to be archived for future reference by the Narcotics Unit OIC.

 

4. All sworn and Non-sworn personnel shall comply with these regulations. 42.2.9.i

 

PROCEDURE

 

A. INFORMANT USE IN INVESTIGATIONS

 

1. When a person indicates a willingness to provide information as an informant, the officer will:

 

  1. Obtain information to complete a Confidential Informant Data Sheet. This includes verifiable identification, criminal and biographical history, thumb or fingerprint and a current photo. If the informant has been arrested and his/her fingerprints are on file a notation of “on file” will suffice for the fingerprint requirement. Officers are responsible for ensuring the prints are on file.

 

  1. Complete a background check that includes an intelligence file check, NCIC triple III, and probation or parole check. 42.2.9.b, g

 

  1. Any person on probation or parole may not be used as a CI without written authorization from the Parole Officer or Probation Officer of the person and the prosecutor.

 

  1. If the informant requests to work off charges, the officer will submit a request for consideration to the appropriate prosecuting authority. The prosecuting authority will determine whether the person may enter into an agreement to work off charges and will oversee any agreements related to such cases. Any such agreement will be retained by the prosecuting authority and a copy should be placed into the CI file.

 

  1. If a CI is under indictment or has pending charges, their use requires written permission from the prosecuting attorney.

 

  1. Accurate records of the informant’s assistance to Law Enforcement shall be kept in the Informants CI file. An electronic CI file may be kept in an approved software program. Approval must be given by the Division Commander.

 

  1. Attempt to determine the motivation of the informant as it may indicate the informant’s level of veracity.

 

  1. Meet with the appropriate investigator to determine the informant’s usefulness and reliability.

 

  1. Submit the data sheet to the Narcotics Unit Sergeant for review. The Unit Sergeant will approve or disapprove the CI and file and forward it to the Unit Lieutenant who will also review and approve or disapprove use of the informant. Should there be a disagreement whether or not the Informant shall be used the Division Commander will have final authority. Each informant will be assigned a Confidential Informant identification number by the Narcotics Unit Lieutenant or his designee.

 

  1. The Officer submitting the informant file will be informed by the Unit supervisor that it is ok to use the informant or not. Informants will not be used for “buys” until the CI file is complete and approved by the Unit Sergeant and Lieutenant.

 

2. The Master Informant File is maintained under the following guidelines: 42.2.9.a, c

 

  1. The Confidential Informant shall read, understand and acknowledge the Informant Agreement form that specifies the operation guidelines that the person shall follow while operating as an agent of law enforcement. This form shall be signed by the Confidential Informant, the controlling officer and the witness officer with the date of review listed. If the Informant will be using a “code name” the informant will also print and sign that name on the CI form.

 

(1)   The Informant File will be filed and kept under lock and key by the Narcotics Unit Supervisor.

 

  1. Informants found to be unreliable or involved in criminal activity will no longer be used unless cleared by the one of the following: Division Commander, Deputy Chief of Chief of Police. The above Staff Officers may also order that the informant no longer be used.

 

  1. Any inquiries about informants will be entered in the Master Informant File. The entry will indicate who made the inquiry, and the reason for the inquiry.

 

3. Informant Control -- Establish ground rules early: 42.2.9.g

 

  1. Be truthful and make no promises or statements that cannot be honored.

 

  1. Establish the parameters of the informant’s involvement or level of information expected.

 

  1. Do not compromise yourself or tolerate any criminal conduct in exchange for information.

 

  1. Informants are not allowed to carry firearms at any time.

 

  1. Never tolerate the informant’s intentional lying about the information the informant provided.

 

  1. Never allow the informant to commit a crime.

 

  1. Do not allow the informant to dictate or control the investigative methods used.

 

  1. Instruct the informant on actions the informant is to take. Do not leave the investigation to the informant.

 

  1. Establish credibility and reliability. 42.2.9.h

 

  1. Attempt to verify information through sources independent of the informant. Verified or invalid information shall be accurately documented in the informant’s master file or electronic file.

 

  1. Reasonable safeguards shall be taken to ensure the safety of Confidential Informant’s. A minimum of three officers must be present during a “buy.”

 

  1. The Confidential Informant’s knowledge of the Department’s operations, equipment, facilities and personnel shall be kept at an absolute minimum.

 

B. EXPENDITURES FROM THE CONFIDENTIAL FUND 17.4.2; § 42.2.9.f

 

1. Informant Compensation- Once reliability has been established, the Confidential Informant may be used and compensated by members of the Department for information in the furtherance of investigations. Informants will be paid pursuant to all Department cash, disbursement policies and by current pay scales approved by the Division Commander. (See DSOP “DL28 Imprest Funds”)

 

 

Topeka Police Department

320 South Kansas Avenue

Topeka, KS 66603

topeka.org