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HomeMy WebLinkAboutGO 01-09 Narcotics Organized Crime and Vice InvestigationsINV-04.1 NARCOTICS, ORGANIZED CRIME AND VICE INVESTIGATIONS Date of Issue General Order Number December 7, 2001 01-09 Effective Date Section Code February, 2015 INV-04 Reevaluation Date Amends / Cancels March 2017 C.A.L.E.A. Reference 43.1.1 – 43.1.3 INDEX AS: Criminal Investigations SRT Narcotics/Drug Investigations Investigations Organized Crime Gangs Covert/Undercover Operations I. PURPOSE The purpose of this policy is to identify the duties and responsibilities of sworn personnel in narcotic, organized crime or vice investigations. II. POLICY Although it is the responsibility of each sworn member of the Iowa City Police Department to enforce and investigate all criminal activity including vice, narcotics and organized crime, the Criminal Investigations Section is specifically charged to respond to white collar crime, money laundering, narcotics/drug trafficking, vice, economic and organized crime activities. The Iowa City Police Department will monitor these criminal organizations and utilize appropriate investigative strategies, in conjunction with other involved law enforcement agencies, to identify members, develop criminal cases for prosecution and dismantle such organizations. INV-04.2 III. DEFINITIONS Organized crime groups are characterized by: A. A goal to perpetuate the life of the group; B. Financial or economic gain; C. Advancement of power or influence; D. Criminal activity. Organized crime groups may utilize intimidation, violence, or promote corruption to advance their goals. IV. PROCEDURES INVESTIGATIONS A. The Criminal Investigations Section (CIS) will routinely investigate vice/organized crime and drug/narcotics activities which come to its attention. These activities include but are not limited to: 1. Manufacture, distribution and possession of controlled substances (illicit drugs); 2. Illegal sale or distribution of firearms and/or explosives; 3. Prostitution; 4. Pornography; 5. Illegal gambling; 6. "Loan Sharking"; 7. Corruption, such as the use of bribery or fraudulent activity to gain influence; 8. Gang related property crimes or crimes against persons. B. All intelligence information and complaints shall be reviewed and evaluated by the CIS supervisor for possible assignment. The CIS supervisor will assign and/or authorize investigations based on the following criteria: 1. Nature of intelligence/complaint; 2. Validity of intelligence/complaint; 3. Availability of resources; 4. Priorities. REPORTS AND RECORDS A. All members of the department are responsible to report any suspected vice, narcotics/drug, or organized crime activities. A thorough preliminary investigation will be conducted in a manner similar to all other criminal investigations and shall include witness information and statements. The CIS supervisor shall evaluate all information received and investigate crimes in conjunction with other investigative units. B. All complaints of vice, narcotics/drug, or organized crime activities shall be recorded on an incident report form and may be issued a standard complaint number. INV-04.3 a. Intelligence information not alleging a specific criminal act may be forwarded directly to the CIS supervisor for evaluation and determination if it shall be included in departmental criminal intelligence files. C. The Crime Analysis/Intelligence unit shall analyze available intelligence and assist investigators in identification of criminal organizations, networks, their activities, and characteristics of targeted victims. D. Each such case shall include full documentation of all correspondence or information sent and received to/from outside agencies. E. All active, open cases involving vice, narcotics/drug and organized crime investigations shall be locked in a secure storage area by the case investigator. They shall not be placed in Central Records until a final disposition has been made and/or unless directed by CIS supervisor. F. The CIS supervisor shall track and document statistical information and maintain a complete log of all vice, narcotics/drug, and organized crime complaints. G. The CIS supervisor shall periodically meet with the Chief of Police or designee to brief him/her on ongoing "vice" investigations. COVERT AND UNDERCOVER OPERATIONS A. CIS personnel who are assigned covert assignments will prepare appropriate cover stories for home and work credibility, as determined by the CIS supervisor. They shall not disclose their assignment to anyone outside of family and the criminal justice community. B. CIS personnel shall be responsible for and shall maintain overall confidentially of their cover and the cover of other assigned officers who are with the Iowa City Police Department or other agencies. C. The CIS supervisor shall issue equipment to covert officers as necessary for them to safely and effectively perform their duties. D. Officers assigned to undercover operations in vice, narcotic/drug, or organized crime investigations shall be responsible for those enforcement actions requiring undercover infiltration, drug buys, and deployment of decoys. E. The CIS shall utilize legal and acceptable methods when conducting covert operations and utilizing electronic surveillance equipment for the successful completion of the operation. F. Basic types of Covert Operations 1. Raids 2. Undercover infiltration, deployment of decoys or confidential informants 3. Surveillance G. The case investigator shall prepare a Covert Operations Plan for each operation. 1. The plan will provide information regarding the overall objective and incorporate information regarding procedures and methods, officer safety, target area and contingencies. 2. The Operations Plan will include type of operation, suspects, location, suspect vehicles, radio assignments, special concerns, officers involved, confidential informants, arrest/trouble signals, equipment and instructions. INV-04.4 3. The case investigator will ensure that all assisting personnel are informed of the details of the plan. a. If time permits, the plan should be reduced to writing and all participants provided a copy, with the original being forwarded to the CIS supervisor. b. If time does not permit the plan to be written prior to implementation, the case investigator shall detail the plan in writing after its execution. 4. All operations plans shall be reviewed and approved in advance by the CIS supervisor. Verbal approval may be given in those instances where the CIS supervisor is not physically present at the time of completion of the operations plan. 5. In the case of a raid in which the SRT is to be utilized, the SRT commander may approve the operations plan in lieu of the CIS supervisor. 6. Operations Plans shall be retained for a minimum of one calendar year. 7. The CIS supervisor shall be notified prior to commencement of all undercover operations. The undercover officer shall brief the supervisor about the investigation and any plans that have been made. The CIS supervisor is responsible for coordinating overall activities. 8. The safety of bystanders, cooperating individuals, and undercover officers shall be considered when planning and executing an undercover operation. 9. The following shall also be considered during the planning and execution of an undercover operation: a. The true identity of the suspect(s), their methods of operation, associates, places frequented, etc. b. Make provisions for adequate auditory and/or visual surveillance prior to, during and after any purchase. c. Prearrange methods of communications, signals, rendezvous points, etc. H. The security of official funds is the responsibility of the undercover officer and must be considered in the investigative objectives. 1. Money used during undercover operations as "flash" or buy money shall be photocopied or otherwise recorded prior to the start of the operation by the undercover officer or, if applicable, informant/agent. The officer shall sign and record the date and time and submit the record to the case file. a. These funds shall be accounted for on a quarterly basis in accordance with departmental guidelines. I. While acknowledging that any covert operation has certain inherent dangers, the decision to continue a specific operation must be continually evaluated by the officers involved, the supervisor and the commander. 1. Covert operations will be terminated when the danger level of the operation outweighs the benefit of obtaining the intelligence or making the case. 2. The decision to abandon the operation may be the most intelligent course of action, and may be made at the involved officer(s) discretion at any time, based on his/her judgment, knowledge, or "instinct". An officer will not be disciplined for abandoning an operation for cause, based on articulable reasons. INV-04.5 Samuel Hargadine, Chief of Police WARNING This directive is for departmental use only and does not apply in any criminal or civil proceeding. The department policy should not be construed as a creation of a higher legal standard of safety or care in an evidentiary sense with respect to third-party claims. Violations of this directive will only form the basis for departmental administrative sanctions.