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0660.32, Agent/Informant Processing

Directive 660.32, Agent/Informant Processing

Refer:

  • City of Portland, Auditor’s Office, 8011-01-03, Intelligence Retention Schedule
  • Directive 660.30, Evidence Funds Use
  • Directive 660.33, Informants
  • Informant Forms

Definitions:

  • Agent: A law enforcement officer operating in an undercover status.
  • Confidential Reliable Informant (CRI): An individual who has established reliability by working with members in developing criminal information or evidence, usually as an informant.
  • Cooperating Witness: An individual (the person may be a witness or criminal suspect) who provides immediate and case specific information to members for the purposes of furthering an initial criminal investigation.
  • Informant: An individual working for a member in an undercover status.

Policy:

1. The Drugs and Vice Division (DVD) has the responsibility for maintaining accurate information regarding the status of informants used by the Police Bureau.  In the interest of consistency and to ensure the appropriate vetting of informants necessary to maintain the integrity of the program the Drugs and Vice Division Manager or sworn designee will approve all Police Bureau informants prior to use. Anyone working as an informant for a member will be processed in the following manner before funds may be disbursed.

Procedure:

  1. Informant File Checklist:

1.1.   The Checklist will be completed by the member processing the informant prior to submitting the informant package to his/her supervisor for approval.

1.2.   The informant file will contain as a minimum:

1.2.1.      Informant Profile Sheet.

1.2.2.      Informant Moniker Exemplar.

1.2.3.      Informant Information/Background Report.

1.2.4.      Informant Liability Waiver.

1.2.5.      Informant Packet Checklist.

1.2.6.      Computerized Criminal History (CCH) and RegJIN printout.

1.3.   All forms will be filled out completely. If an item does not apply, indicate not applicable (N/A) in the appropriate place.

1.4.   The entire informant file will be maintained by the originating Responsibility Unit as an active file.

1.4.1.      When an informant has not been utilized for a period of one (1) year, the file will be designated as inactive.

1.4.2.      To maintain accurate informant status when an informant is designated as inactive the informant’s file will be transferred to the Drugs and Vice Division for inclusion in the master Drugs and Vice Division inactive informant file.

1.4.3.      The file will be maintained by the Drugs and Vice Division and will be subject to purging in accordance with state records retention laws, unless the informant is re-activated by a member prior to the purge date.

1.4.4.      Members may re-activate an informant by submitting a newly completed informant packet with a new Informant File Checklist including Computerized Criminal History (CCH) and RegJIN updates.

1.4.5.      The immediate use and payment of an inactive informant is not precluded, as long as the informant file is updated during the calendar month in which the re-activation occurs.

1.4.6.      Inactive informant files will be purged after a period of five (5) years.

1.5.   The informant file is accessible only to the Responsibility Unit Manager or designees, and supervisors when evidence funds are audited. All requests to view any informant files by outside parties (e.g. a judge or deputy district attorney) will be forwarded to the Drugs and Vice Division Manager for response in order to ensure program consistency.

2. Informant Profile (Required):

2.1.   A profile will be completed on each informant receiving or using evidence funds, formalized case consideration or is otherwise under the direction of a member actively working on a criminal investigation. Cooperating witnesses, who provide immediate and case specific information to members during an initial criminal investigation, are not subject to this requirement. 

2.2.   A code name will be assigned to the informant by the initiating member. The code name will be an alias; true names will not be used. The code name will include full first, middle and last names, and will be used in all record keeping and receipt transactions involving the informant.

2.3.   The informant must be present when the form is completed and will be required to sign his/her true name, full code name, and affix the right-hand, index fingerprint on the bottom of the form.

2.4.   A current photograph and copies of the informant’s criminal history, if any, will be attached to the form.

2.5.   Reliable identification must be obtained in the event the informant has no record.

3. Informant Liability Waiver (Required):

3.1.   The wavier must be read by the informant, completed and signed. Each item must be initialed by the informant and witnessed by a supervisor.

3.2.   The waiver is to be retained by the Responsibility Unit Manager in a locked file cabinet, separate from the Informant Moniker and Reliability form. Any changes in information or documentation regarding an informant will be relayed to the Responsibility Unit Manager immediately for accurate maintenance of the form.

4. Informant Moniker and Reliability (Required):

4.1.   This document will be completed on all informants receiving or using evidence funds.

4.2.   A supervisory sergeant or above will be responsible for completing the form and setting up the Informant Moniker and Productivity File.

4.3.   The informant must sign the exemplar section (three signatures), which will be witnessed by a supervisor.

4.4.   All documentation dealing with the informant’s reliability will be maintained in this file. This includes Part I, the white copy of the Evidence Fund Accounting Receipt (EFAR), which contains information on the informant’s productivity.

4.5.   Responsibility Unit Manager, or his/her sworn designee, is responsible for maintaining the file up-to-date, checking informant signatures against exemplars, and filing agent/informant receipts.

4.6.   Each time a supervisor checks the file; they will initial and date the Supervisor’s Review Section of the form.

5. Informant Information/Background Report (Required):

5.1   This Report contains information useful in deciding whether or not to use the agent/informant, and will be completed in conjunction with the Agent/Informant Profile form.  Supervisors and managers from each Responsibility Unit employing informants will review the entire informant file before delivering the file to a Drugs and Vice Division supervisor.  Drugs and Vice Division supervisors will review the file to ensure that they are completed in a manner that is consistent with the appropriate vetting of informants necessary to maintain the integrity of the program before forwarding the file to the Drugs and Vice Division Manager for final review.  Absent exceptional circumstances, persons arrested for or convicted of violent person felony crimes, sex offenses, or having other criminal history that would tend to greatly undermine public confidence in the informant program, should not be used as informants.  In cases where potential informants have problematic criminal histories the requesting control officer will submit a memorandum with the file to the Drugs and Vice Division Manager detailing the exceptional circumstances for requesting approved use of the informant.  The Drugs and Vice Division Manager may deny the use of such informants or may require control officer restrictions or case specific restrictions for informants who have problematic criminal histories.

5.2   In each case where an informant is to be used in a testifying capacity for an investigation, or over the course of an enforcement mission, the control officer will notify the appropriate Deputy District Attorney for the purpose of discovery information.  The control officer will then submit a memorandum through channels to the Drugs and Vice Division Manager documenting the date, time and name of the Deputy District Attorney who was notified.  The original copy of all such memorandums will be filed in the informant’s true name file.      

5.3   The informant’s criminal history should be summarized on this form from a review of the Computerized Criminal History (CCH) and RegJIN printout.

5.4   If an informant has worked for other agencies in the past, contact the agency(s) and summarize the informant’s performance.

5.5   Supervisors and managers will indicate approval and route to the Drugs and Vice Division Manager for final approval. All informant files will be hand delivered to the Drugs and Vice Division for review.

5.6   Supervisors or managers who find that a potential informant is unsuitable for employment may deny informant use at their Responsibility Unit level without forwarding the informant packet to the Drugs and Vice Division for final review.

6. Moniker File:

6.1.   When different Responsibility Units use the same Confidential Reliable Informant (CRI), each unit will maintain a moniker file. All such cases will be approved by the Drugs and Vice Division Manager.   Requests for the multiple unit use of a Confidential Reliable Informant (CRI) will be made by inter-office memorandum through channels to the Drugs and Vice Division Manager. 

7. True Name/Code Number Index Log (Required):

7.1.   The Drugs and Vice Division will issue a semi-annual True Name/Code Number Index Log by Responsibility Unit that lists the informants currently in an active or inactive status. All units will maintain this log when using informants and/or disbursing evidence funds.

7.2.   This log will be justified each July and January with the files maintained by the Responsibility Unit. If there are discrepancies, the Drugs and Vice Division administrative sergeant will be notified immediately in order to update the master files.

7.3.   This log will be maintained in a file folder with the Informant Profile and Liability form file. 

7.4.   The log will contain informant code numbers, complete true names, complete code names, dates and Department of Public Safety Standards and Training number (DPSST #) of initiating member/investigator.

8. Informant Code Numbers (Required):

8.1.   An informant code number must be assigned by a Drugs and Vice Division supervisory sergeant prior to any informants receiving or expending evidence funds or being under the direction of a member who is actively working on a criminal investigation.

8.2.   To maintain uniform accountability, the code number will be a unique sequential agent/informant number that is not assigned to any other informant. This will preclude an informant who works for more than one division from having different code number.

8.3.   The Drugs and Vice Division supervisory sergeant will also run a check of the informant’s true name through the Western States Identification Network (WSIN) database.

8.4.   The code name will be an alias. True names will not be used. The name will be a complete first, middle and last name. Initials and short names will not be used.

8.5.   The code number will be used in all receipt and record-keeping transactions (to include inter-office memos) involving the agent/informant.

9. Agent/Informant Exceptions:

9.1.   The Drugs and Vice Division Manager may waive the above process in special situations where the information is of such value it would be counter-productive to force the informant to identify themselves. Exceptions will be kept to a minimum and closely supervised. The Drugs and Vice Division Manager will review all such cases with the Assistant Chief of the Investigations Branch.

9.2.   Exceptions may also be authorized by a Responsibility Unit Manager for one-time payments for information. An Evidence Fund Accounting Receipt (EFAR) will be completed and the informant will sign using their true name. Exceptional payments will be reviewed by the Drugs and Vice Division Manager for final approval after authorization by the involved Responsibility Unit Manager.

9.3.   Each division disbursing evidence funds will set up a file with an assigned code number (001) and a code name entitled “Informant Exceptions.” All Informant Exception Evidence Fund Accounting Receipts (EFAR) will be filed in this folder in chronological date order.

9.3.1.      If the Responsibility Unit Manager grants an exception, the member disbursing funds will complete a receipt, printing in the code name Informant Exception.

9.3.2.      The code number for the informant exception file is 001 and will be used as the code number for all such exceptional payments.

9.3.3.      The Responsibility Unit Manager’s name will be noted in the comment section of the receipt and the Evidence Fund Accounting Receipts (EFAR) will be accompanied by an inter-office memorandum through channels from the control officer to the Responsibility Unit Manager and the Drugs and Vice Division Manager explaining the justification for the exception.

9.3.4.      All other productivity information will be completed on the receipt.

9.3.5.      Informant Moniker and Reliability forms will not be completed on Informant Exceptions.

10, Evidence Fund Accounting Receipts:

10.1.                    Receipts contain information on evidence funds disbursal, and informant productivity. The Evidence Fund Accounting Receipt (EFAR) is an important link in the audit trail for evidence funds and in developing information related to criminal investigations. For these reasons, all member/investigators are reminded that:

10.1.1.  A signed receipt must be obtained for all fund disbursal to informants.

10.1.2.  All information possible must be included on the receipt.

10.1.3.  Receipts must be processed and turned over to a member’s supervisor on the same day as the funds are disbursed.

10.1.4.  An Evidence Fund Accounting Receipt (EFAR) or written report (police report or inter-office memorandum) must be completed for all informant productivity when an expense is incurred or a material step is made toward fulfilling formal case consideration. These receipts and/or reports will be filed in an informant’s moniker and productivity file as soon as possible after the expense or transaction.

10.1.5.  Informant code numbers and code names will not be mentioned in police reports. They will be used when completing the monthly Evidence Fund Accounting Receipt (EFAR).

10.1.6.  An informant will sign the full code name, including middle name, when signing a receipt.

10.1.7.  All divisions using informants must enter the following information into the informant Evidence Fund Accounting Receipt (EFAR) database from Evidence Fund Accounting Receipt (EFAR) on a monthly basis:

10.1.7.1.        Date.

10.1.7.2.        Informant number.

10.1.7.3.         Division.

10.1.7.4.        I.D. of member using informant.

10.1.7.5.        Amount paid (not to include buy money).

10.1.8.  Divisions using informants will be required to provide the Drugs and Vice Division with a current list of personnel, including I.D., who require access to this database. The Drugs and Vice Division will coordinate the granting of access to the informant Evidence Fund Accounting Receipt (EFAR) database. Those members who determine their informant is being used by another division must contact the control officer of that division.

11. Operations with an undercover operative (member or non-police person working in a specified undercover operation): Agents/Informants

11.1.                    Agent/informants will be assigned a control officer who is responsible for fund disbursement and accounting for evidence funds used by the agent/informant. The control officer will also be responsible for monitoring, directing and controlling the activities of the agent/informant.

11.2.                    Under normal circumstances, members will adhere to Directive 660.30, Evidence Funds Use, and account for evidence funds under the prescribed procedures set forth.

11.3.                    Undercover members (agents) who, due to assignment, are unable to work from the division office draw funds in person, or process property or evidence in person, will be assigned a control officer. The control officer will be responsible for fund disbursement and accounting for evidence funds used by the member. The control officer will also be responsible for monitoring, directing and controlling the activities of the member. Undercover members used in this capacity should be under exceptional circumstances and pre-approved by a Responsibility Unit Manager.

11.4.                    Disbursement to an undercover operative in the form of a monthly retainer is authorized under the following conditions:

11.4.1.  A written request is made to the Responsibility Unit Manager, which includes at least the following:

11.4.1.1.        The expectations of the informant’s performance.

11.4.1.2.        The amount of the retainer.

11.4.1.3.        The duration and review dates of the contract.

11.4.2.  A District Attorney has reviewed the request for appropriateness for prosecution.

11.4.3.  A weekly report is submitted to the Responsibility Unit giving the results obtained by the operative and the total weekly cost for service.

11.5.                    Evidence funds to be disbursed to the undercover operative will be drawn by the control officer in his/her own name. He/she will be responsible for:

11.5.1.  Disbursing funds to the operative.

11.5.2.  Ensuring the undercover operative accounts for expenditures, obtains proper receipts and supporting documents.

11.5.3.  Preparing a monthly Evidence Fund Accounting Receipt (EFAR) for the undercover operative showing dates, amounts and total funds the operative received and/or returned.

11.5.4.  Accounting for those funds on the control officer’s personal Evidence Fund Accounting Receipt (EFAR).

11.5.5.  Assisting the operative in report preparation.

11.5.6.  Attaching an operative’s Evidence Fund Accounting Receipt (EFAR) at the end of the month.

11.5.7.  Handling and processing any evidence used, purchased or recovered by the operative.

11.6.                    The undercover operative will be responsible for:

11.6.1.  Accounting for funds received.

11.6.2.  Supplying supporting receipts, when possible.

11.6.3.  Documentation for the Evidence Fund Accounting Receipt (EFAR) to cover expenditures.

History:

  • Originating Directive Effective: 09/06/01
  • First Revision Effective: 10/02/08
  • Second Revision Effective: 10/12/15
  • Third Revision Effective: 11/13/15
  • Next Review Date: 11/13/17
  • Review By: Drugs and Vice Division