Subject CONFIDENTIAL INFORMANTS - Baltimore · PDF filePolicy 1001 Subject CONFIDENTIAL...

Policy 1001 Subject

CONFIDENTIAL INFORMANTS Date Published

1 July 2016

Page

1 of 12

By Order of the Police Commissioner POLICY It is the policy of the Baltimore Police Department (BPD) to encourage and maintain open avenues of communication with all citizens and to carefully safeguard the confidentiality of informants. It is also the policy of the BPD to refine and restrict access of the established database of Confidential Informants (CI) to only authorized personnel. The proper legal use of informants can greatly assist officers in obtaining vital information that may be used in criminal investigations. All persons who are utilized as informants will be formally registered and handled within a controlled system. All informants and informant information will be managed confidentially, and in a manner that will not compromise the safety of any individual or the interests and activities of the BPD. The use and management of informants will be conducted in accordance with this policy. All BPD CI Master Files and records are the property of the BPD and will be retained in a secure manner by the Special Enforcement Section (SES), CI Coordinator (CIC). They may not be viewed unless approved by the Police Commissioner or the Deputy Commissioner, Operations Bureau. BACKGROUND Volunteer sources of information, either concerned citizens or CIs, have long been a fundamental and judicially recognized investigative means used by law enforcement agencies. The identification, apprehension and conviction of criminal offenders, and the seizure and recovery of contraband and evidence relating to criminal acts, are often directly attributed to persons who assisted the BPD out of a sense of duty or other consideration. It is imperative that members establish, develop and maintain such reliable sources. It is realized that some persons, by virtue of their background and/or motivation, may be of questionable character. This will not affect the BPD’s duty to safeguard a CI’s identity. DEFINITIONS Alternate Agent ─ A member who may handle a confidential informant in the absence of the Controlling Agent. Confidential Informant ─ A person approved by the BPD and registered with the Special Enforcement Section who, through a confidential relationship with a sworn member, furnishes the BPD with information. Such person may: 1. Expect monetary consideration for information supplied, 2. Expect judicial consideration for information supplied,

Policy 1001 CONFIDENTIAL INFORMANTS of 12

3. Have prior criminal history or associate with known criminals, 4. Have demonstrated reliability by providing information of value on more than one occasion. Controlling Agent ─ A member responsible for the day-to-day handling of a confidential informant. Master File ─ A file that contains the true identity of the CI. This file will be kept by the CIC of the Special Enforcement Section (SES) in a secure (locked) area with strict access and control. Operational File ─ This file will be identified by the CI’s control number which shall appear on the outside of the file. This file shall contain only CI Contact Form(s) 340/04 (Annex B), and Expense Voucher(s)/Receipt(s) Form 78 and 78/246 (Annex C). The Contact Forms should describe activity between the CI and the Controlling Agent (CA). This file will not contain the CI’s personal information to include signed payment receipts. Receipts and CI packets will be filed and maintained by the CIC in a locked and secured area. NOTE: No sworn member will utilize a CI unless he/she is registered as a CI. Use of an unregistered

CI will be grounds for disciplinary action. Sworn members must attend the CI training course established by the Professional Development and Training Academy before registering a CI.

Sources of Information ─ Individuals who provide information to a member of the BPD and do not receive any fee or other consideration. GENERAL While these procedures are vital to the protection of the member’s integrity and CI’s confidentiality, nothing in this policy shall be construed to inhibit the essential free flow of information from citizens to the BPD. A cooperative community is a valuable asset in crime prevention.

Recognizing that many members of the BPD have sources of information that are not monetarily compensated and are apprehensive of their identities being revealed, the need for trust and confidentiality is recognized. Upon such time that the source supplies information for which he/she expects monetary compensation or judicial consideration, the member is mandated to adhere to the administrative procedures delineated herein. There is an absolute need to properly document or otherwise record all meetings with persons of questionable character or meetings conducted in what could be perceived as questionable circumstances. 1. Prior to the utilization of a CI in investigative pursuits, members shall consider:

1.1. The character and motivation of the CI,

1.2. The CI’s past or potential involvement in matters under criminal investigation or related criminal activity,

1.3. The CI’s proven reliability and truthfulness, or the availability of resources to verify

information which has been provided,


1.4. The potential value of the information the CI may be able to provide in relation to the consideration being sought from the BPD.

2. Persons considered unsuitable as CIs will not be approved. Some circumstances that would

render a person unsuitable would include, but not be limited to the following:

2.1. Individuals convicted of perjury or other crimes of moral turpitude,

2.2. Individuals under 18 years of age, unless written consent is obtained from a parent or guardian,

2.3. Representatives of the news media,

2.4. Individuals who have been diagnosed as being mentally incompetent, have a history of

mental illness, or appear to be mentally or emotionally disturbed, 2.5. Individuals who are known or believed to have provided false or misleading information

to law enforcement in the past,

2.6. Individuals who have an extensive criminal record or reputation, or have personal character traits that would make the individual undesirable as a CI,

2.7. Individuals who have been arrested or convicted of sex crimes involving minors.

REQUIRED ACTION Member Registration of Confidential Informants 1. Complete a registration packet to include the following:

1.1. CI Registration Form, 395, Annex A,

1.2. Two (2) photographs of the Confidential Informant, 1.3. City, state and/or federal arrest records, and

1.4. National Crime Information Center (NCIC) warrant check results.

2. Upon completion of the CI registration packet, hand-deliver the entire packet to a permanent-

ranking supervisor for approval/disapproval. 3. If exigent circumstances exist, and there is not sufficient time to register a CI, the member shall

obtain the approval of a permanent-rank supervisor for guidance prior to utilizing the CI. Make all attempts to ensure the potential CI is not registered with another member (i.e., through interview techniques that would indicate the potential CI may have had prior contact with another officer and registered/signed CI paperwork).


3.1. A permanent-rank supervisor will determine whether or not the CI can be utilized prior to being registered. If a decision is made to use the potential CI prior to being registered, a permanent-rank supervisor will ensure that a criminal history check is conducted and that the potential CI has no open warrants.

3.2. A permanent-rank supervisor shall coordinate efforts with the appropriate investigative

unit until such time when the CI can be properly registered. 3.3. Prior to the conclusion of the tour of duty in which an unregistered CI was used, the

permanent-rank supervisor shall forward an Administrative Report (Form 95) addressed to the CIC, which will be hand-carried via official channels to the unit commander, documenting the exigent circumstances and all information pertinent to the use of the CI and the progress of the investigation. After obtaining approval, for the purpose of confidentiality, correspondence will be forwarded to the CIC in a sealed envelope and hand-delivered the next working day.

3.4. When a potential CI is used prior to being registered, the CI shall not receive

compensation until his/her registration is completed and he/she is assigned a BPD CI Control Number.

NOTE: Upon approval by the Commanding Officer, SES, or designee, the CI will be assigned a CI Control Number. The CI Control Number can only be obtained through the Special Enforcement Section. This will act as the reference number for all reporting related to the CI. Reproduction of the CI package, to include photos, scanned and stored documents, and duplicated folders is strictly prohibited. When communicating via email, text messages, etc., only the CI number is to be used.

4. Once notified that the CI will be placed in an active status, document all contact with the CI on

the CI Contact Form, 340/04, Annex B. 5. Meetings with CIs shall be conducted in private and with another member present.

NOTE: No registration requests will be accepted by SES without all required supervisor’s signatures. 6. Whenever practical, CAs should introduce their CI or source of information to another member

of the Department who can serve as an AA in the original CA’s absence. To change the CA, an administrative report must be submitted to the registering member’s Commanding Officer and forwarded to the office of the Commanding Officer, SES.

7. The expenditure of confidential funds for CI related expenses shall be in accordance with

procedures outlined in Policy 1806, Confidential Funds. NOTE: Under no circumstances will a member of the Department make a monetary payment to a CI

without a permanent-ranking supervisor present to witness the payment. 8. All members of the BPD are reminded of the restrictions placed on confidential police

information. Any breach of security related to CI identity or activities is a serious violation and subject to disciplinary and/or criminal action. Information provided by CIs or sources of information shall be disseminated only on a need-to-know basis.


9. Once issued, only the CI’s control number shall be included in subsequent departmental communications, including receipts, CI contact forms, search and seizure warrants, etc.

10. Members severing employment with the BPD have a continuing obligation to maintain the confidentiality of any CI and the information he/she provided unless obligated to reveal such identity or information by law or court order.

11. Members of the BPD shall not knowingly maintain a personal relationship beyond that of departmental duty performance with a CI. Inappropriate relationships are subject to disciplinary action.

Informant Contacts 1. Information particularly sensitive in nature, such as police corruption, shall be reported directly

to the member’s Commanding Officer, the Chief of Internal Affairs, and/or other officials of the BPD.

2. When it appears that a CI shows indications of emotional instability or unreliability, or has

willfully furnished false and/or misleading information, the CA will immediately report the facts in writing to the Commanding Officer, SES.

3. Members utilizing CIs, who are also defendants, are not authorized under any circumstances to make any promises or inducements regarding pending criminal prosecution. The defendant CI shall only be informed that any cooperation will be brought to the attention of the prosecuting authorities. Should a defendant CI seek any consideration, the request shall be communicated to the appropriate prosecutor. Any agreement regarding consideration sought shall be between the prosecuting attorney and the defendant CI.

Instructions to Informants 1. Members shall inform the CI that they are not in any way a member of the BPD and are not

vested with any authority. 2. Members shall advise the CI that in carrying out any assignment for the BPD, the CI shall not:

2.1. Participate in any acts of violence,

2.2. Use unlawful techniques to obtain information for the BPD, such as electronic

surveillance, breaking and entering, opening or tampering with mail, etc.,

2.3. Initiate a plan to commit criminal acts, or

2.4. Participate in criminal activities with persons under investigation, except as far as the controlling member deems necessary to obtain information needed for purposes of developing probable cause for arrest and prosecution. Under such circumstances proper direction and control of the CI on the member’s part is critical, such as in controlled purchases of narcotics.

Permanent-Rank Supervisor 1. Must be present during the initial registration of the CI.


2. Must be present whenever any monetary payment is given to a Confidential Informant. 3. Review all forms for accuracy and sign in the designated area for supervisor approval to reflect

satisfactory completion. The supervisor who approves the CI packet must hand-deliver the packet via official channels to the member’s Commanding Officer.

4. When a request is made via an administrative report to modify the status of a CI, supervisors must ensure the request is approved by the member’s Commanding Officer and then hand-delivered to the Commanding Officer, Special Enforcement Section.

Commanding Officer 1. Review and approve/disapprove all CI registration packets.

2. Ensure that all registration packets are hand-delivered directly to the SES CIC. If approved, the

CI will be assigned a confidential control number, which can only be obtained through SES. 3. Conduct a yearly review of CI folders to evaluate the quality of information provided and to

determine if the CI should remain active. Additionally, a quarterly review will include a check of the CI’s arrest history and parole and/or probation status with appropriate file update modifications.

4. Review all reporting related to CIs to ensure the actions are in no way detrimental to the

controlling member or to the BPD. 5. During the review process, Commanding Officers shall remain vigilant in safeguarding against

persons posing as CIs to infiltrate the BPD for the purpose of gaining intelligence on investigations, stealing BPD funds, or committing any unlawful act. When a CI is suspected of such actions, the CI’s services shall be terminated immediately.

Special Enforcement Section, Confidential Informant Coordinator 1. Maintain a database for all CIs within the BPD. (This database shall not be on electronic shared

drives.) 2. Inspect and secure, within a locked designated area, all original CI paperwork to include

packets, records, photos, receipts, vouchers and contact sheets.

3. Issue all CI control numbers to CAs.

4. Immediately deactivate CIs upon receiving the proper written notification.

5. Conduct a quarterly audit of CI files to determine if a CI shall remain active. If a CI should not remain active, contact the control agent for review. The CIC will have the authority to deactivate a CI who has not been utilized after a period of one year. The date of deactivation and reason(s) will be noted in the CI database.

6. Upon a CA severing employment with the Department, unless the CI has an AA, the CIC will deactivate the CI. If an AA is assigned, he/she will take the role of CA. The CIC will be responsible for making changes to the CI database.


7. Provide support and guidance to all other Commands regarding any questions, concerns, or interpretations of this Policy.

APPENDICES A. Confidential Informant Registration Form (Form 395-15). B. Confidential Informant Contact Form (Form 340/04) C. Expense Voucher (Form 78) / Receipt (Form 78/246) ASSOCIATED POLICIES Policy 1806, Confidential Funds RESCISSION Remove and destroy/recycle Policy 1001, Confidential Informants, dated 17 July 2015. COMMUNICATION OF POLICY This policy is effective on the date listed herein. Commanders are responsible for informing their subordinates of this policy and ensuring compliance.


APPENDIX A Confidential Informant Registration Form (Form 395–15).


APPENDIX A Confidential Informant Registration Form (Form 395–15), page 2


APPENDIX A Confidential Informant Registration Form (Form 395–15), page 3.


APPENDIX B Confidential Informant Contact Form (Form 340/04)


APPENDIX C Expense Voucher (Form 78)/ Receipt (Form 78/246)

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