Policy Orange County Sheriff-Coroner Department c0}:] ati Manca Confidential Informants 608.1 PURPOSE AND SCOPE In many instances, a successful investigation cannot be conducted without the use of informants. To protect the integrity of the Orange County Sheriff's Department and personne! using informants, it shall be the policy of this Department to take appropriate precautions by developing sound informant handling policies. Confidential informants do not belong to an individual deputy or investigator, but they are agents of the Department and act on its behalf. As with any case management, it is important to maintain proper informant management to ensure officer safely, proper legal and ethicel standards, and to limit civil liability to the Department and the informant handler. 608.2 INFORMANT FILE SYSTEM The CEEEEEEEEED shall be responsible for maintaining informant files generated by personne! assigned to the Airport Operations Division, Homeland Security Division, North Operations Division, Investigations Division and Custody and Court Operations Command, The AEE shall be responsible for maintaining informant files generated by personnel assigned to the Southeast Operations Division and Southwest Operations Division, Personnel assigned to the Special investigations Bureau will adhere to the informant handling policies and procedures as outlined in the Investigations Division, Special Investigations Bureau, Policy and Procedures Manual. A separate file shall be maintained on each informant. Blank informant file packets can be obtained from the Narcotics Unit Supervisors. 608.2.1 FILE SYSTEM PROCEDURE Each informant file shall be coded with an assigned Informant Control Number (ICN). The ‘Special investigations Bureau Commander will assign the ICN from the Master Control Log. An informant history shall be prepared to correspond to each informant fle. The informant file shall contain the following: a) Completed informant Packet: 4, Informant Cover Sheet 2, Informant Checklist 3. Signed Approval to Operate Informant 4, Informant Personal History 5. Signed Informant Admonishment FACET HE6. Signed Informant Agreement 7. Informant Compensation Record 8. Informant Receipt of Payment 9. Informant Update 10. Informant Performance Record b) Copy of informant’s criminal history (Cll FBI/CCHRS /LARS / warrant checks): ©) Copy of informant’s DMV inquiries to include driver's license and driver history: 8) Informant's photograph and fingerprints (If applicable); €) Copy of informants arrest report (If applicable); f) Copy of the Orange County Cooperating Individual Index Card (DA-OCCII). The original OCCII card shall be forwarded to Orange County District Attorney's Narcotics Enforcement Team's Cooperating individual Index Coordinator. The completed informant files shall be maintained and locked in a secure ares (aa These files shall be used to provide a source of background information about the informant, enable review and evaluation of information given by the informant and minimize incidents that could be used to question the integrity of deputies/investigators or the reliability of the informant. ‘Access to the informant files shail be restricted to the Sherif, the Undershenif, the Investigative Services Command Assistant Sheriff and Commander, the Investigations Division Captain, the ‘Special Investigations Bureau Commander, the North and South Narcotics Unit Supervisors and the Informant Handler or their designees. 608.3 USE OF INFORMANTS Before using an individual as an informant, the deputy/investigator must receive approval from his or her unit super The deputy/investigator shall compile sufficient information through a background investigation in order to determine the reliability, credibility and suitability of the individual; including but not limited to age, maturity and risk of physical harm, In addition, before using an individual as an informant, the informant packet must be completed and approved by the Informant Handler's unit supervisor, the proper Narcotics Unit Supervisor and the Special Investigations Bureau Commander. In the event a new, unsigned informant can provide information crucial to a major and quickly developing investigation, the informant packet shall be completed as soon as practical. However, unit supervisor approval is required. 608.3.1 CONFIDENTIAL INFORMANT DEFINITIONS a) Anytime a person is directed by a deputy/investigator for any reason, whether on one ‘occasion or on a continuous basis, to secure information on criminal activity; b) Anytime a person requests compensation, either in the form of financial compensation or any other benefit, for information for any task performed; c) Anytime a person requests a Letter of Consideration on a pending criminal case. PRSETOTE608.3.2 TYPES OF INFORMANTS Confidential Informant A Confidential Informant formant who requests to remain confidential, has yet to be tested and has usually not previously worked for law enforcement. This type of informant usually provides information for compensation. Confidential Reliable Informant A Confidential Reliable Informant is an informant whose reliability and credibility have already been established. The information given in the past was proven truthful and reliable, either on ‘one occasion or on numerous occasions. Information received from a Confidential Reliable Informant of another law enforcement agency, through that agency, is deemed reliable, Criminal Informant A Criminal Informant is a person who has a criminal history and is usually motivated for Personal reasons. The informant may be acting out of revenge or for monetary compensation. Defendant Informant ‘A Defendant Informant is an informant who has a pending criminal matter, including probation and/or parole violations. A Defendant Informant also includes an individual who has been prosecuted, convicted and is awaiting sentencing. A Defendant Informant provides information in exchange for a benefit or consideration, such as a Letter of Consideration, in their pending criminal matter. In-Custody Informant ‘An In-Custody Informant is an inmate who provides information or testifies about matters another inmate/defendant told him/her while both inmates were in custody, either at the direction of a deputylinvestigator or for any type of benefit or consideration. Inmates who provide information about inmate activity, such as pending assaults, gang affiliations and arcoties smuggling, and who receive a benefit or any type of consideration, are considered In- Custody Informants. Citizen Informant A Citizen Informant is @ person who regularly or frequently provides information, outside the scope of their employment, to law enforcement. The Citizen Informant is motivated by a sense of good citizenship, not by benefit or consideration, and may act under the direction of a deputy ‘or investigator. A Citizen Informant's information is automatically considered reliable without additional corroboration, A Citizen Informant may or may not choose to be confidential. Citizens calling in or appearing in-person to provide information concerning criminal activity are not considered informants, as they are not acting at the direction of a law enforcement officer. Anonymous Informant Anonymous Informants are those individuals who refuse to identify themselves to law ‘enforcement and their identity is not known. An Anonymous Informant is not a Citizen Informant and the information given may or may not be reliable. An Anonymous Informant does not fall under the requirements of this policy. 608.4 INFORMANTS REQUIRING SPECIAL REVIEW ‘Some persons being considered for use as informants may require special review for approval before being activated. These include juveniles, persons on probation or parole, or those who holt privileged positions, e.g., attorneys, doctors, clergy, reporters, persons in the Witness Protection Program and former law enforcement officers. PRETHEPersons on probation or parole present specific concerns. The Department cannot place a probationer or parolee in @ position that violates the terms or conditions of their probation or parole. The Department has no authority to usurp the conditions set forth by @ court or the authority of the controlling agency. Guidance from County Counsel and the Orange County District Attorney's Narcotics Enforcement Team should be sought when persons of privileged status are being considered for use as informants, 608.4.1 INFORMANTS ON COUNTY PROBATION The handling deputy/investigator shall determine if the person is on Summary (Informal) Probation or Formal Probation. if the person is on Formal Probation the handling deputy/investigator shall do the following: a) Contact the court or probation officer to determine if the informants use will not violate the conditions of their probation; b) Document the concerns if notification will jeopardize a major case investigation. If the use of the informant is in conflict with the terms of their probation, the handling deputylinvestigator can attempt to amend the terms of probation through the court. If the court requests written documentation, the handling deputy/investigator will submit the request on Department letterhead with the proper Departmental approvals. A request should be made with the court to refrain from placing @ copy of the letter in the probationer’s file to preserve the confidentiality of the informant. 608.4.2 INFORMANTS ON FEDERAL PROBATION The handling deputy/investigator shall contact the person's probation officer. Federal probationers can only be used as informants when the court of jurisdiction has been formally contacted and approved for use. A formal request to use a federal probationer as an informant shall be made on Department Letterhead with the proper Departmental approvals. If the request is approved, the probation officer will complete and submit the necessary paperwork to the concerned federal court for approval. 608.4.3 INFORMANTS ON STATE PAROLE ‘The handling deputy/investigator shall contact the appropriate state agent to request to use the parolee as an informant. The name of the agent contacted will be documented on the Cl History form. If a written request is made by the agent, the handling deputyinvestigator will submit the request on Department letterhead with the proper Departmental approvals, describing in general details the activity in which the parolee will be used, the duration of use and any anticipated travel, 608.4.4 INFORMANTS ON FEDERAL PAROLE Currently, the United States Parole Commission discourages the use of federal parolees as informants. If the use of a federal paroles is essential in a major case, the Assistant Sheriff ‘commanding the Investigative Services Command shall submit a written request to the Chairperson of the United States Parole Commission for the use of that informant. If the Commission approves the request, the informant may be used for only 90 days. Extensions may only requested by the Assistant Sherif through the Commission. 608.4.5 JUVENILE INFORMANTS The use of juvenile informants under the age of 13-years is prohibited. Except as provided for in the enforcement of the Tobacco Enforcement Act, Business & Professions Code Section PASETAS22960, et seq,, the use of any juvenile informant between the ages of 13 and 18-years is only authorized by court order obtained pursuant to Penal Code Section 701.5. For purposes of this policy, a “juvenile informant" means any juvenile who participates, on behalf of this Department, in a prearranged transaction or series of prearranged transactions with direct face-to-face contact with any party, when the juvenile's participation in the transaction {s for the purpose of obtaining or attempting to obtain evidence of illegal activity by a third party and where the juvenile is participating in the transaction for the purpose of reducing or dismissing a pending juvenile petition against the juvenile. 608.5 GUIDELINES FOR HANDLING INFORMANTS All informants are required to sign and abide by the provisions of the Department Informant ‘Admonition form. The deputy/investigator using the informant shall discuss each of the provisions of the agreement with the informant. Details of the agreement are to be approved in writing by the unit supervisor before being finalized with the informant. Members of the Department shell not make any promises or representations, express or implied, to any informant regarding his or her pending criminal matters, or those of any other person(s), without the concurrence of the OCI Coordinator. 608.5.1 RELATIONSHIPS WITH INFORMANTS No member of the Orange County Sheriff's Department shall knowingly maintain a social relationship with an informant while off duty, or otherwise become intimately involved with an informant. Members of the Orange County Sheriff's Department shall neither solicit nor accept gratuities nor engage in any private business transaction with an informant. To maintain officerfinformant integrity, the following must be adhered to: a) Deputies/investigators shall not withhold the identity of an informant from their superiors; b) Identities of informants shall otherwise be kept confidential; ©) Criminal activity by informants shall not be condoned: 4) Informants shall be told they are not acting as police officers, employees or agents of the Orange County Sheriff's Department and that they shall not represent themselves as such; €) The relationship between deputies/investigators and informants shall always be ethical and professional; f) Social contact shall be avoided unless necessary to conduct an official investigation, and only with prior approval of the Narcotics Unit supervisor, 9) Deputies/investigators shall not meet with informants of the opposite sex in a private place unless accompanied by at least one additional deputy/investigator or with prior approval of the Narcotics Unit Supervisor. When contacting informants of either sex for the purpose of making payments officers shall arrange for the presence of another deputy/investigator, h) In all instances when Department funds are paid to informants, a voucher shall be completed in advance itemizing the expenses. 608.6 INFORMANT CONSIDERATION AND BENEFITS. A benefit includes any consideration or advantage an informant was offered, promised or received in exchange for information or testimony provided. It includes a benefit for the PACES STEinformant or a benefit for another person at the informant's request. Any and all benefits and consideration given to an informant will be recorded and documented in the informant's file. Consideration and benefits include, but are not limited to, the following: * Financial — Monetary payments of any kind including, but not limited to, room and board, payment of debts, cash, meals, use of vehicles, cell phone bills or other informant expenses, Release from custody — Leniency in an arrest or booking, assistance with an own- recognizance (OR) release or request for a lowering of bail Charging leniency - Leniency shown in the filing of charges and enhancements, including the non-fiing of charges. Delay — Continuances in arraignment, pre-trial motions and sentencit Dispostion = Dismissal or reduction in charges, custody time, probation lems or favorable input by @ deputy district attorney or investigation deputy/investigator made directly to the court. Favorable intervention ~ Favorable action taken on behalf of the informant with other governmental agencies, such as the Department of Motor Vehicles, the Department of Homeland Security, or employers. * In custody ~ A change in housing location, non-collect phone calls, extended visits, extra jail issue, extra food or placing money in an informant's jail account. = Immunity 608.6.1 INFORMANT PAYMENT PROCEDURES The potential payment of large sums of money to any informant must be done in a manner respecting public opinion and scrutiny. Additionally, to maintain a good accounting of such funds requires a strict procedure for disbursements. 608.6,2 PAYMENT FORMULA ‘The amount of funds to be paid to any informant will be evaluated against the following criteria: The Informant Handler will discuss the above factors with the Narcotics Unit Supervisor and arrive at @ recommended payment. The fee paid to an informant will be based on the type of information given and to what extent the information given assists in an investigation. 608.6.3 CASH DISBURSEMENT POLICY The following establishes a cash disbursement policy for informants. No informant will be told in advance or given an exact amount or percentage for services rendered. PACES FE608.64 PAYMENT PROCESS Fees paid to informants and expenditures incurred during investigations shall comply with the following limitations and authorizations. Informant fee limits: $1 - $500 —_Narcotics Unit Supervisor approval $501 _- $1,500 Special investigations Bureau Commander approval $1,501- $3,500 _ Investigations Division Captain approval $3,501 + Investigative Services Commander or Assistant Sheriff approval Upon payment to the informant, the Narcotics Unit Supervisor shall complete an expense voucher. The Narcotics Unit Supervisor will give the payment amount to the Informant Handler. ‘The deputylinvestigator shall write the voucher number on the informant Payment Receipt form. The voucher copies will be disbursed in the proper manner and the Informant Payment Receipt form will be placed in the informant file. To complete the transaction, the Informant Handler and witness will pay the informant. The informant will sign the Receipt of Payment form indicating the amount received, the date received and the names of the deputies/investigators he/she received the funds from. The Informant Handler and witnessing deputy/investigator shall sign the Receipt of Payment form. The signed form shall be placed in the informants file. If the payment amount exceeds $499.00, a statement of the informants involvement in the case shall be memorialized on an Internal Memorandum, addressed to the Special Investigations Bureau Commander, and placed in the informant's file. Each informant receiving @ cash payment shail be informed of his or her responsibility to report the cash to the Internal Revenue Service (IRS) as income. 608.7 _ INACTIVATING INFORMANTS Informants may be inactivated at any time. There are several reasons detailed in the Informant Update form. When the handling deputy/investigator determines the informant should be inactivated, he/she will submit a Informant Update form stating the reason and submit it to the Narcotics Unit Supervisor for his/her approval. If approved, the unit supervisor will place the informant packet into the “inactive” file. Inactive files will be kept for three (3) years and then destroyed. When an investigator suspects that an informant is undesirable or unreliable, the handling deputy/investigetor will complete the Informant Update form checking the unreliable box stating the reason, then submit it to the Narcotics Unit Supervisor for approval. If approved, the form will be placed in the beginning of the informant packet and the packet will be placed into the Undesirable/Unreliable file. The investigator will then notify the informant as to. their change in status and make it clear to the informant he/she will no longer be providing services to the Department. The Special Investigations Bureau Commander will be advised and the proper notation will be made in the Master Informant Control Log. PAGET OAS608.8 NOTIFICATION TO THE DISTRICT ATTORNEY It Is essential that deputies and investigators inform the District Attorney's Office when a case involves an informant in any capacity. This is vital in order to ensure the proper evaluation of discovery and any Brady (Brady v. Maryland (1963) 373 US 83, at p. 87) issues at the earliest possible time, and to determine the best effective fling strategy. For example, ifthe information is known by the filing District Attorney, a case may be filed differently to better protect and ensure the confidentiality of the informant. 608.9 _IN-CUSTODY CONFIDENTIAL INFORMANTS Confidential informants and operations involving informants within the Custody and Court Operations Command will adhere to the additional informant policies and procedures as outlined in the Custody and Court Operations Manual (C.C.O.M) section 1202.7. 608.10 INFORMANT AUDITS Informant file audits will be performed on a yearly basis by the Special Investigations Bureau ‘Commander. The Narcotics Unit Supervisors will obtain all updated material and information from the deputies and investigators who manage the informants. The Narcotics Unit Supervisor will review the material for completeness and thoroughness prior to the audit and sign the Informant Update Sheet. The approved form and material will be forwarded to the Special Investigations Bureau Commander for approvel. The Special Investigations Bureau Commander will place the update form and material into the informant packet file. The Special Investigations Bureau Commander will ensure all informant files in the “active file” are up to date, The Special Investigations Bureau Commander will also review those informant packets in the “inactive file.” Those that have not been active for three (3) years will be destroyed. Information/action to be included in the yearly audit will include: a) Informant Update Form; b) Updated copy of criminal history (CIl/FBVCCHRS/LARSiwarrant checks); ©) Updated copy of DMV inquiries to include driver's license and driving history; 4) Informant Performance Record; €) Informant Compensation Record and Receipt of Payment Form; f) Copy of Letter(s) of Consideration, if appropriate; 9) New informant photograph if older than two (2) years. h) _Informants who have been active for twelve (12) or more months shall be interviewed by the corresponding unit supervisor. The supervisor shail ensure the informant Is fully aware of the terms of the Informant Agreement and the Informant Admonishment. The supervisor shall discuss the informant's affiliation with his/her informant handler and the Department, ‘and confirm the procedures set forth within this policy are being followed. aes PACES TE