TPD’s Use of Confidential Informants
The Tampa Police Department has standard operating procedures for the use and control of confidential informants (CI) providing substantial assistance found at SOP 670. The vast majority of these cases involve drug crimes in Tampa, FL, although a CI can be used for other types of criminal investigations or sting operations.
This article explains SOP 670, dated 12/14 (which superseded SOP 670, dated 7/09). The most recently published SOP at 609.9(7) provides that the body worn recording system used by the Tampa Police Department SHALL NOT…”[b]e used to record confidential informants or undercover officers unless approved by a Sergeant or above.”
Attorney on Substantial Assistance in Tampa, FL
Attorneys who represent clients charged with drug crimes in Tampa, FL, need to be familiar with the procedures used by law enforcement officers in Tampa and Hillsborough County, FL, for deals involving substantial assistance.
Many of these cases involve a confidential informant setting up the person accused of a drug crime, including trafficking in drugs. In turn, that person might be asked to provide substantial assistance to help them resolve their pending charges on the best possible terms.
An attorney that fights narcotic crimes needs to understand how officers with the Tampa Police Department use and control confidential informants who are helping them set up buy-bust sting operations.
Call the experienced drug crime attorneys in Tampa, FL, at Sammis Law Firm.
Call (813) 250-0500.
Confidential Informants and Undercover Sting Operations by TPD
According to the “TPD Informant Fund Audit” report dated April 22, 2019, the Tampa Police Department describes the core of its mission as the reduction of crime and the enhancement of people’s quality of life through a cooperative partnership with all citizens.
The report found that TPD is compliant with requirements of Florida’s confidential informant’s statute (Rachel’s Law), has sufficient preventive internal controls to provide reasonable assurance that informant funds are secure and that informant files confidentiality is protected, and has sufficient detective internal controls to provide reasonable assurance for proper accounting of informant funds used during operations.
TPD has internal controls, policies, and intra-divisional procedures that guide the use of informants, as well as payment approval protocols, followed when informants are paid. A police major is in direct command of informant activities and is responsible for taking security measures implemented to safeguard both the cash and informant files.
TPD uses confidential informants in some of its investigations. Informants are members of the civilian population who may have useful, specific information and are willing to share it in the aid of police investigations.
Informants are often criminals themselves who provide information in order to gain favor with the police. TPD has described confidential informants as an essential part of proactive law enforcement and is considered crucial in drug trafficking and other serious crimes investigations.
The report recognized that TPD undertakes both overt police work through uniformed officers as well as covert operations through its Criminal Investigations Division (CID). The CID comprises both the Major Crimes Bureau (MCB) and the Violent Crimes Bureau (VCB). The MCB handles homicides, sex crimes, child abuse, and fugitive apprehension.
The VCB narcotic and gang enforcement, undercover operations, and firearm investigations. As of the beginning of December 2018, VCB had a total of 78 sworn officers, including a lieutenant, a captain, and a major.
Although most operations involving confidential informants are undertaken by the VCB, with some were carried out by units from the Criminal Intelligence Bureau (CIB) and Street Anti-Crime (SAC) units I, II, and III.
For FY 2018, there was zero informant fund and related expenditure for SACs I, II, and III, $2,500 for CIB, and $275,000 for VCB according to data provided by Tampa Police Department.
SOP 670 for the Use and Control of Confidential Informants
SOP 670 explains the Tampa Police Department’s standard operating procedures for the use and control of confidential informants and provides:
I. PURPOSE:
This directive provides a uniform method for the proper use, recruitment and control of confidential informants, cooperating defendants and the proper documentation, control, and security of informant control files.
Compliance with these policies will enhance the goal of establishing more uniform practices throughout the state (Rachel’s Law) and promote the safety of those involved in operations involving confidential informants. It also provides a uniform method to safeguard the informant and the department.
II. DISCUSSION:
The use of confidential informants as an aid in the investigation of crimes or intelligence-gathering activities and in the arrests of criminals is judicially recognized as a legitimate investigative tool. In order to make maximum use of this investigative source and to preserve the integrity of the system, confidential informants must be properly documented, supervised, and protected.
Due to the inherent dangers associated with the investigations of drug-related crimes and other serious offenses, or similar concerns in any situation in which the use of a confidential informant is anticipated, a priority of such operations is the safety of the persons involved, including the confidential informant, agency personnel, target offender(s), and the public.
It is the responsibility of each officer to familiarize themselves with these procedures.
Due to the inherent dangers associated with the investigations of drug-related crimes and other serious offenses, or similar concerns in any situation in which the use of a confidential informant is anticipated, a priority of such operations is the safety of the persons involved, including the confidential informant, agency personnel, target offender(s), and the public.
It is the responsibility of each officer to familiarize themselves with these procedures.
III. DEFINITIONS:
A. Confidential Informant (CI): An individual who cooperates with a law enforcement agency confidentially in order to protect the person or the agency’s intelligence gathering or investigative efforts and:
1. Seeks to avoid arrest or prosecution for a crime, or mitigate punishment for a crime in which a sentence will be or has been imposed or seeks compensation in return for criminal intelligence; and
2. Is able, by reason of his or her familiarity or close association with suspected criminals, to:
a. Make a controlled buy or controlled sale of contraband, controlled substances, or other items that are material to a criminal investigation;
b. Supply regular or constant information about suspected or actual criminal activities to a law enforcement agency; or
c. Otherwise provide information important to ongoing criminal intelligence gathering or criminal investigative efforts and who is, through such efforts.
A confidential informant is NOT an employee of the Tampa Police Department and possesses no law enforcement or arrest authority.
B. Cooperating Defendant (CD): An individual who has criminal charges pending against him and has agreed to testify as a witness and/or participate in an investigation in return for, or as part of, a plea bargain.
C. Substantial Assistance: A technical term mentioned in F.S. 893.135(4), it only applies to drug trafficking cases. For law enforcement purposes, it means that a defendant agrees to assist law enforcement in the identification, arrest or conviction of accomplices, accessories, co-conspirators or principals engaged in trafficking of controlled substances. In return, the State Attorney’s Office may ask the court for consideration in sentencing.
D. Confidential Sources (CS): CSs are individuals who are able to provide intelligence or investigative information pertaining to criminal activity that is not readily obtainable from other sources, e.g., tradesmen, shopkeepers, bartenders. They are not recruited; therefore they are not to be issued CI numbers.
E. Trafficker: An individual who has previously been arrested, convicted of, or is presently under arrest for, been formally charged with or has been found by law enforcement to be in possession of, a trafficking amount of a trafficking controlled substance as set forth in F.S. 893.135.
F. Cooperating Defendant Agreement (TPD 670-E): A formal written agreement between the cooperating defendant and the case agent that provides conduct guidelines for the cooperating defendant.
G. Substantial Assistance Agreement (TPD 670-D): A formal written agreement between the defendant providing substantial assistance, the case agent and their supervisor. This form provides conduct guidelines as well as expectations for performance as agreed upon by the defendant and the State Attorney’s Office.
H. Consideration: Anything of value, including, but not limited to, monetary payments; leniency considerations concerning any criminal activity, arrest, charge, or potential charge; or an authorized recommendation from a member of the Tampa Police Department for a reduction of a criminal charge or sentence.
I. Controlled Buy: The purchase or attempted purchase of contraband, controlled substances, or other items relevant to a criminal investigation. The purchase or attempted purchase is made from a target offender/suspect and is initiated, managed, overseen, or participated in by law enforcement personnel, with the knowledge of the confidential informant.
J. Controlled Sale: The sale or attempted sale of contraband, controlled substances, or other items relevant to a criminal investigation. The sale or attempted sale is made to a target offender/suspect and is initiated, managed, overseen, or participated in by law enforcement personnel, with the knowledge of the confidential informant
K. Target Offender / Target Suspect: The individual who is the subject or target of the criminal investigation and who would be implicated by the observations or activities of the confidential informant.
L. Informant Control Program: A means to numerically identify informants for future use and also provide a written record of their usefulness to the department on an individual basis. It further provides a uniform method of safeguard to the informant and the department.
1. Strategic Investigations Bureau
Commander shall be designated as the Administrator to manage the Informant Control Program for the Department. The Strategic Investigations Bureau Commander may designate an alternate to facilitate and assist with overseeing the administration of the Informant Control Program. The duties include but are not limited to:
a. Ensuring all procedures with regard to Informant Control Files, confidential informant activity and payment are adhered to.
b. Auditing files for compliance on a periodic basis.
c. Documentation of deactivation of confidential informants.
d. Maintaining a control log that details access to each informant master file. This log shall contain the signature and payroll number of the officer accessing the informant file, the informant file number being accessed, as well as the date and time of access.
e. Maintaining a control log detailing the dissemination of the identity of any informant (e.g. compliance with court order, other agencies).
M. Informant Control Files (Master File): This record series consists of information pertaining to the identity of confidential informants. The series may include, but is not limited to, the informant’s name, address, telephone number, race, sex, height, hair and eye color, social security number, date of birth, criminal history report, photographs, and names of family members. If the informant is a paid informant, the series may also include records of payments to the informant.
N. Active Informant: An individual involved in an active investigation or enforcement activity, provides information regarding criminal activity on an on-going basis or is compensated for any activity under the supervision of law enforcement.
O. Inactive Informant: An individual not meeting the criteria in N above, and has not participated in any activity at the direction of law enforcement for over one year.
IV. PROCEDURE:
A. It shall be the responsibility of each officer using a new confidential informant to:
1. Ensure that a prospective informant is not bound by any stipulations, judicial or other, which would prohibit the individual from assisting law enforcement.
2. Ensure that the potential informant has not previously been issued a confidential informant number or is being used by another member of the agency and/or another agency. Ensure that the informant was not previously used, then terminated for unreliability. In the event that the informant is or has been used by another agency, that agency will be contacted.
3. Complete the Confidential Informant Personal History form (TPD Form 670-B). Ensure that the form is accompanied by a recent color photograph of the informant, a 3” x 5” index card with the subject’s last, first, and middle name, race/sex, address, phone number, DOB, initiating officer’s name, date of activation, and who completed a criminal history review. confidential informantContent of the Confidential Informant Personal History Master file will include an individual assessment of each prospective , which will be conducted by the supervisor in charge of the unit handling the confidential informant.
4. It is the responsibility of each officer, prior to activating a new confidential informant to advise his/her immediate supervisor and arrange a face to face meeting between the officer, the supervisor, and the informant.
a. During this meeting, the supervisor will read and fully explain TPD Form 670-C titled “Tampa Police Department Informant Working Agreement.” The completed form will accompany TPD Form 670-B, “Confidential Informant Personal History” to the Strategic Investigations Bureau commander and/or his designee for assignment of a confidential informant number.
b. The activating officer and initiating supervisor shall complete a TPD Form 670-F, Informant Recruitment/Activation Checklist. The completed form will accompany the informant registration package and be submitted to the Strategic Investigations Bureau Commander for filing. For confidentiality reasons, all forms and documents relating to confidential informants will be hand delivered and never sent via fax, interoffice mail, or other insecure method.
5. When a case has been made resulting in an arrest and/or contraband is seized as a result of an informant’s involvement, it shall be the responsibility of the controlling officer to record all pertinent data reference the informant and the case.
a. A City of Tampa Police Department Expense Fund Receipt (TPD 670-A) will be utilized to document the informant’s number as well as payment history, reliability, and details of the event.
b. The Expense Fund Receipt will also be used as verification of monetary payment as the informant will sign it. All informant payments will be witnessed by a second TPD officer. This receipt will be attached to TPD Form 606, “City of Tampa Police Department Expense Fund Voucher.”
6. In all cases when a confidential informant is utilized during a case or continuing investigation, all activity will be recorded in the deconfliction log under the tab “C.I. Utilization Entries” regardless of the outcome of the activity.
B. It shall be the responsibility of the supervisor to:
1. Ensure that the Confidential Informant Personal History form (TPD 670-B) is complete with attached color photograph, 3” x 5” index card, who conducted a criminal history review, and Tampa Police Department Informant Working Agreement (TPD 670-C).
The 3” x 5” index card will contain the following information:
a. Informant’s last name, first name middle initial & CI number;
b. Race, sex, & date of birth;
c. Address & Phone number;
d. Initiating officer’s name; and
e. Date of activation.
2. Review the criminal history of the potential informant to determine suitability. In those instances when a candidate’s suitability is questionable, the supervisor will confer with the Strategic Investigations Bureau Commander and/or his/her designee. The Strategic Investigations Bureau Commander may confer with the State Attorney’s Office.
3. Meet face to face with the officer and the informant. At this meeting, the Informant Working Agreement form shall be fully explained to the potential informant and signed by him or her. The supervisor will ensure the informant fully understands departmental policies governing his conduct and role as an informant.
4. Ensure that a completed TPD Form 670-B, criminal history, completed index card, the Informant Working Agreement and if applicable the cooperating defendant agreement and substantial assistant agreement is delivered to the Strategic Investigations Bureau commander for an informant number. The Strategic Investigations Bureau’s Safe Room is the repository for all confidential informant files. Only the Strategic Investigations Commander or designee will have access to the confidential informant files.
5. Ensure that payments made to a confidential informant are witnessed by a second officer and are fully documented along with details of the investigation on a City of Tampa Police Department Expense Fund Receipt (670-A).
6. Ensure that all City of Tampa Police Department Expense Fund Receipts (TPD 670-A) for personnel operating under their supervision are accurate, attached to their respective Expense Fund Voucher (TPD 606) and released to the Narcotics Bureau Commander or Administrative Assistant for filing.
7. In the event that a confidential informant is not to be used, it is the responsibility of the supervisor to direct a memorandum to the Strategic Investigations Bureau commander. This memorandum will include a brief explanation of why the informant is to be terminated. This memorandum shall be attached to the Confidential Informant Deactivation Form (TPD 670-G). The termination will be noted on all associated documents.
a. This will cause same to be recorded on all documenting material as well as in the Confidential Informant Master File.
b. This form will be filed with the confidential informant’s original activation file for future reference.
C. Using a New Cooperating Defendant / Substantial Assistance:
1. The decision to enter into a plea agreement in exchange for investigative assistance and/or truthful testimony and the terms of any plea agreement is the decision of the investigative supervisor; however, the State Attorney’s Office shall be an integral part of the process.
Cooperating defendants are those charged with criminal offenses other than drug trafficking who desire to provide information regarding the disposition of their charges.
Substantial Assistance applies to defendants who are charged with minimum mandatory offenses in violation of FS 893.135. In every instance that a defendant applies to receive consideration for his/her information, the Office of the State Attorney will be consulted and concur with the decision.
2. In order to use a cooperating defendant, the case agent’s supervisor must approve and be involved in the initial process. The Cooperating Defendant Agreement (TPD Form 670-E) will be forwarded to the TPD Supervisor approving the agreement for filing upon completion.
3. The standard precursor to offering substantial assistance is an open plea agreement in the court of jurisdiction. This provides official notice of the defendant’s intention to assist law enforcement and invokes court sanctions if the defendant fails to perform in accordance with the substantial assistance agreement. This precursor may be waived by the detective or investigator’s supervisor with the consent of the State Attorney’s office, if doing so best suits the interest of the Tampa Police Department.
4. Defendants arrested for trafficking amounts of narcotics, and/or currently under any court sanctions, (i.e., other pending charges, probation, house arrest) and/or with a criminal record that would qualify them as an habitual or violent offender (two prior violent crime convictions) will not be used as a cooperating defendant without approval from the State Attorney’s Office.
5. In those instances where the case has been filed with the State Attorney and upon conclusion of the defendant’s cooperation, the case agent will provide a letter to the assigned Assistant State Attorney. This letter shall contain a specific recommendation for sentencing, as well as a general overview of what services the cooperating defendant provided.
a. In those instances where the defendant has been arrested and the case has been forwarded to the State Attorney’s Office intake, but not filed, the State Attorney’s Office designated personnel will be contacted with the request that the case be placed on hold. The Cooperating Defendant Agreement (TPD Form 670-E) will be completed.
Upon termination of the use of the cooperating defendant, the case agent will complete a Confidential Informant Deactivation Form (TPD 670-G) and prepare a letter containing the aforementioned information and forward same to the State Attorney’s Office.
b. In those instances where the defendant has been arrested but not booked and prior to accepting assistance from the defendant, Strategic Investigations Bureau Commander must be notified and approve of the action. This procedure will be followed regardless of the hour or the day.
c. If the defendant is arrested for less than a trafficking amount of controlled substances, they are considered a cooperating defendant and are not to be offered substantial assistance opportunities.
V. INFORMANT PAYMENT:
The department has authorized informant and expense funds, which may be used to pay informants. These expense funds are located in the Patrol Divisions, the Criminal Investigations Division and the Criminal Intelligence Bureau. The Fund was established to enable detectives and officers to pay for confidential information that is not readily obtainable by other means. This fund may also be utilized to pay expenses such as the securing of contraband, the collection of criminal intelligence regarding past or future crimes, and the reimbursement of expenses incurred during an official investigation.
A. Any department division or bureau without authorized informant and expense funds will contact the Criminal Investigations Division commander and request funds as needed. It is the responsibility of the issuing entity to ensure that the requesting unit adheres to Standard Operating Procedure and/or the Intra-Division Procedure governing the disbursement of that particular fund.
B. Under normal circumstances, informants shall not be compensated on a contingency basis (i.e., paid if a conviction or arrest is made) when the informant’s testimony will be required at trial. In those circumstances when all parties agree on contingency payment and prior to the initiation of the investigation, the Strategic Investigations bureau commander as well as the State Attorney’s Office will be notified and must concur.
VI. GENERAL CONSIDERATIONS:
All Tampa Police Officers are encouraged to develop and utilize confidential informants and sources of information, but only in a manner consistent with the guidelines contained herein. Confidential Informants are used for the benefit of the department, not a specific officer or detective. All police officers have the responsibility to learn proper handling, controlling procedures and techniques. Following are several considerations designed to protect the officer, the informant, and the integrity of the process:
A. It is incumbent upon every officer to fully understand the differences between confidential informants and cooperating defendants. Informants normally are motivated by one of several reasons including but not limited to: money, revenge, or a need to help. Cooperating defendants are subjects who seek to mitigate their charges and/or sentences by providing assistance to the police. The Substantial Assistance Program is normally initiated by a member of the Criminal Investigations Division and is sanctioned by the State Attorney’s Office. In those instances when members encounter a subject who desires to become a cooperating defendant, the appropriate bureau of the Criminal Investigations Division shall be contacted.
B. The use of juvenile informants normally shall be avoided. In the event it becomes necessary to use a juvenile in this capacity, the juvenile’s legal guardian will be contacted by the officer’s immediate supervisor and his permission will be obtained and documented on TPD Form 670-B, “Confidential Informant Personal History.” Juvenile informants will not be used as covert operatives in any manner without prior approval of the officer’s division commander. If the juvenile is under any court sanctions, approval from a judge must be obtained.
C. In order to preserve the integrity of the process, as well as to properly deal with opposite gender informants and for the protection of the officers all meetings with informants will be conducted by two officers. Under exigent circumstances and with prior supervisory approval, officers may meet one on one with an informant. Personnel involved in investigative or intelligence gathering must avoid any off-duty or social relationships with confidential informants.
D. The first priority in agency operational decisions and actions regarding the use of a confidential informant is to preserve the safety of law enforcement personnel, the informant, the public, and the target.
E. The following factors shall be evaluated by the activating officer and initiating supervisor and considered in assessing the suitability of the potential informant prior to his or her activation or use as a confidential informant, and shall be documented by use of the Informant Recruitment/Activation Checklist (TPD 670-F):
1. The person’s age and maturity;
2. The risk the person poses to adversely affect a present or potential investigation or prosecution;
3. Effect upon the City of Tampa Police Department that the informant’s cooperation becoming known may have;
4. Whether the person is a substance abuser, has a history of substance abuse, or is known by the informant control officer or lead investigator to be involved in a court-supervised drug treatment program or drug-related pretrial intervention program;
5. The risk of physical harm that may occur to the person, his or her immediate family, or close associates as a result of providing information or assistance, or upon the person’s assistance becoming known in the community;
6. Whether or not the person has shown any indication of emotional instability, unreliability, or of furnishing false information;
7. The person’s criminal history;
8. Whether the nature of the matter being investigated is such that the use of the informant is important to, or is vital to, the success of the investigation.
F. If a potential informant is arrested or a suspect that may be charged with a crime, the potential informant will be provided the opportunity to consult with legal counsel, if requested, prior to activation or performing as a confidential informant.
G. If a potential informant is determined to be on probation, community control, involved in a court-supervised drug treatment program or drug-related pretrial intervention program, they will not be used as an informant without approval of the Court having jurisdiction. If exigent circumstances exist which require immediate response to information that is time sensitive, an exception may be granted by the district commander or Strategic Investigations Commander after consultation with the State Attorney’s Office.
H. When a defendant is initially arrested and expresses a willingness to assist law enforcement, the case agent must contact the designated Assistant State Attorney. During this initial contact, the case agent shall provide the following information:
1. Current charges on the defendant;
2. Criminal history of the defendant including any pending cases and/or probationary status;
3. Potential target(s);
4. Type of information the defendant can provide;
5. Whether or not the defendant has an attorney and/or is requesting one; and
6. Any other relevant information that would assist the State Attorney’s Office in making a decision as to whether or not the defendant should be allowed to provide assistance.
7. Upon receiving this information, the contacted Assistant State Attorney may give verbal approval and the defendant may be worked. Prior approval is mandatory. Within 48 hours of the verbal approval, the case agent will provide written documentation of the aforementioned items and a completed Substantial Assistance Agreement (TPD Form 670-D). Additionally, a formal letter requesting substantial assistance will be prepared and signed by the case agent and the Bureau Commander and forwarded to the State Attorney associated with the investigation.
I. When a defendant is offered substantial assistance, the responsibility for the level of investigation required becomes the responsibility of the Strategic Investigations Bureau. However, the originating ROC officer will be a part of the long-term investigation.
This includes working the defendant in conjunction with the assigned detective, participating in local operations pertaining to the case, and additional assignments and participation as recommended by the ROC supervisor and approved by the Division Major or his designee.
J. In the event it becomes necessary for a Confidential Informant to provide testimony at a court proceeding (trial or deposition), the informant shall be accompanied by an on duty law enforcement officer at a time which is mutually agreed upon by all affected parties.
K. Identity Protection of Informants:
1. The informant’s assigned confidential informant number is to be used in all required TPD documentation in place of the confidential informant’s name.
2. Use the confidential number rather than the name when talking to other personnel.
3. The informant shall remain confidential unless the informant gives up his/her right for confidentiality or the detective/officer is directed by proper authority (i.e. Judicial, State Attorney’s Office or supervisor) to reveal the identity.
4. The Strategic Investigations Bureau Commander shall be notified if it becomes necessary to reveal the identity of the informant for any reason when possible.
VII. CONFIDENTIAL INFORMANT INTEGRITY PROCEDURES:
Informants require vigilant management by the case agent, supervisor and bureau commander. Well-established procedures are employed for direct management of an informant during an operation.
The greater probability for criminal misconduct on the part of an informant exists when they are not under the direct control of a case agent. It is incumbent on the case agent, supervisor and, as necessary, the bureau commander, to assess the level of supervision required to ensure that an informant acts within the guidelines of conduct prescribed by the Confidential Informant Working Agreement (TPD Form 670-C) or within the sanctions of a Substantial Assistance Agreement (TPD Form 670-D), or a Cooperating Defendant Agreement (TPD Form 670-E).
A. An active informant that has any contact with law enforcement street check, traffic ticket, arrested (whether released on recognizance or remanded to a jail) is required to report that conduct to the case agent within 24-hours.
1. The case agent will bring all such notices to the attention of the supervisor for immediate review and determination of the informant’s status.
2. Informants that are arrested will be handled according to standard operating procedure. If in the opinion of the supervisor special risks exist with regard to a sensitive investigation involving an active informant, the Strategic Investigations Bureau Commander will be contacted to determine the appropriate course of action and/or the informant’s status as a result.
3. Any department officer that becomes aware of criminal conduct on the part of an active informant may immediately effect the arrest of the informant or immediately notify the affected supervisor who will consult with the Strategic Investigation bureau commander to determine the proper course of action.
B. When an informant is activated, the supervisor will determine based on the criminal history, criminal association, type of investigation to be conducted and demeanor of the informant the level of risk of continued criminal activity or violation of the working agreement. Based on that assessment, the following monitoring procedures will be followed.
1. The informant (active or inactive) will be flagged in FCIC/NCIC for notification to the affected bureau commander when the informant has contact with any law enforcement agency.
2. The informant (active or inactive) will be flagged in Versadex for notification to the activating member.
3. The case agent will check DHSMV on a monthly basis and will include the date, time and outcome of the check on the case agent’s monthly projected activity report.
4. The informant will be debriefed on a continuing basis regarding compliance with the working and/or cooperating defendant agreement. The debriefing will be documented in a report concerning the investigation in which he is involved.
C. Periodic Auditing:
1. Active informants not considered high risk will be randomly audited each quarter (March, June, September, and December).
2. The case agents will conduct FCIC/NCIC and DHSMV checks and debriefings with the informant regarding the working agreement.
3. The supervisors of case agents working informants will select two informants from the “C.I. Utilization Entries” to be audited.
4. The audit will be recorded in a log or report maintained by each bureau or division commander and the Strategic Investigations Bureau Commander. The log will include at the minimum, the date, informant number, the results of the checks and debriefing and, if the informant is “red-lined” as a result of the audit.
5. Annual Administrative Review – A documented of agency practices to ensure conformity with agency policies, procedures, and Florida Statute will be completed by the supervisor of the Strategic Investigations Bureau or his designee.
D. All personnel remain responsible and accountable for taking an active role in managing informants and ensuring compliance with the working agreement and all of the stipulations contained therein. All personnel that use informants in the furtherance of criminal investigations are reminded that the aforementioned procedures are in addition to a vigilant monitoring and random integrity check of any informant. Responsibility for the supervision of an active informant may not be reassigned or relinquished to another agency without the consent of the bureau commander.
E. When a determination has been made by the case agent, supervisor or Strategic Investigation bureau commander that a confidential informant be deactivated, personnel must document the decision utilizing the Confidential Informant Deactivation Form (TPD 670-G). It is the responsibility of the case agent or supervisor to inform the informant that he/she is no longer being utilized.
F. All personnel involved in the recruitment, use or control of confidential informants must be trained in the policies and procedures relating to management of confidential informants. It is the responsibility of the Strategic Investigations Bureau Commander or his/her designee to ensure that training on procedures is provided to each officer prior to that officer utilizing confidential informants. This training in procedures must be documented, and a copy will be kept on file with the Training Bureau.
G. Identity Protection of Informants:
1. The informant’s assigned confidential informant number is to be used in all required Tampa Police Department documentation in place of the confidential informant’s name. Reports must contain no information revealing the physical characteristics of the informant. Pronouns revealing gender (he/she) must not be used.
2. Use the confidential number rather than the name when talking to other personnel.
3. The informant shall remain confidential unless the informant gives up his/her right for confidentiality or the officer/detective is directed by proper authority (i.e. Judicial, State Attorney’s Office or supervisor) to reveal the identity.
4. The Strategic Investigations Bureau Commander shall be notified if it becomes necessary to reveal the identity of the informant for any reason when possible.
H. Only the Strategic Investigations Bureau Commander and the Strategic Investigations Bureau Sergeant will maintain and have access to the confidential informant files.
This article was last updated on Friday, July 29, 2022.
