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HomeMy WebLinkAbout420 Criminal OrganizationsIowa City Police Department Policy Manual Criminal Organizations Effective Date: 05/28/2024 Revised Date: Issuing Authority: Chief Dustin Liston 420.1 PURPOSE AND SCOPE The purpose of this policy is to ensure that the Iowa City Police Department appropriately utilizes criminal intelligence systems and temporary information files to support investigations of criminal organizations and enterprises. 420.1.1 DEFINITIONS Definitions related to this policy include: Criminal intelligence system - Any record system that receives, stores, exchanges or disseminates information that has been evaluated and determined to be relevant to the identification of a criminal organization or enterprise, its members or affiliates. This does not include temporary information files. 420.2 POLICY The Iowa City Police Department recognizes that certain criminal activities, including, but not limited to gang crimes and drug trafficking, often involve some degree of regular coordination and may involve a large number of participants over a broad geographical area. It is the policy of this department to collect and share relevant information while respecting the privacy and legal rights of the public. 420.3 CRIMINAL INTELLIGENCE SYSTEMS No department member may create, submit to or obtain information from a criminal intelligence system unless the Chief of Police has approved the system for department use. Any criminal intelligence system approved for department use should meet or exceed the standards of 28 CFR 23.20. A designated supervisor will be responsible for maintaining each criminal intelligence system that has been approved for department use. The supervisor or the authorized designee should ensure the following: (a) Members using any such system are appropriately selected and trained. (b) Use of every criminal intelligence system is appropriately reviewed and audited. (c) Any system security issues are reasonably addressed. Copyright Lexipol, LLC 2024/12/14, All Rights Reserved. Criminal Organizations - 1 Published with permission by Iowa City Police Department Iowa City Police Department Policy Manual Criminal Organizations 420.3.1 SYSTEM ENTRIES It is the designated supervisor's responsibility to approve the entry of any information from a report, field interview (FI), photo or other relevant document into an authorized criminal intelligence system, and that the documents are appropriately marked as intelligence information. If entries are made based upon information that is not on file with this department, such as open or public source documents or documents that are on file at another agency, the designated supervisor should ensure copies of those documents are retained by the Commander of the Investigations Division. Any supporting documentation for an entry shall be retained by the Commander of the Investigations Division in accordance with the established records retention schedule and for at least as long as the entry is maintained in the system 420.4 TEMPORARY INFORMATION FILE No member may create or keep files on individuals that are separate from the approved criminal intelligence system. However, members may maintain temporary information that is necessary to actively investigate whether a person or group qualifies for entry into the department -approved criminal intelligence system only as provided in this section. Once information qualifies for inclusion, it should be submitted to the supervisor responsible for consideration of criminal intelligence system entries. 420.4.1 FILE CONTENTS A temporary information file may only contain information and documents that, within five years, will have a reasonable likelihood to meet the criteria for entry into an authorized criminal intelligence system. Information and documents contained in a temporary information file: (a) Must only be included upon documented authorization of the responsible department supervisor. (b) Should not be originals that would ordinarily be retained by the Records or Evidence, but should be copies of, or references to, retained documents, such as copies of reports, FI forms, Johnson County Emergency Communications Center (JECC) records or booking forms. (c) Shall not include opinions. No person, organization or enterprise shall be labeled as being involved in crime beyond what is already in the document or information. (d) May include information collected from publicly available sources or references to documents on file with another government agency. Attribution identifying the source should be retained with the information. 420.4.2 FILE REVIEW AND PURGING The maximum retention period for intelligence information is five (5) years. If the information has not been updated and/or validated within the past 5 years, the information shall be purged from the intelligence files. If information has been updated within the past five years, the file may be retained for a period of five (5) years from the most recent entry. Copyright Lexipol, LLC 2024/12/14, All Rights Reserved. Criminal Organizations - 2 Published with permission by Iowa City Police Department Iowa City Police Department Policy Manual Criminal Organizations The designated supervisor shall periodically review the temporary information files to verify that the contents meet the criteria for retention. Validation and purging of files is the responsibility of the supervisor. Material purged from intelligence files shall be thoroughly deleted from any electronic storage devices and/or hard copies shall be shredded or otherwise made unusable. A record of the purge may be maintained containing the date and reason of the purge, as well as the name of the person completing the purge. The Chief of Police or designee may periodically inspect the intelligence file system to ensure that safeguards and requirements are being met. On an annual basis the Commander of the Investigations Division shall review the policy and procedures of the criminal intelligence function to ensure compliance and effectiveness. 420.5 INFORMATION RECOGNITION Department members should document facts that suggest an individual, organization or enterprise is involved in criminal activity and should forward that information appropriately. Examples include, but are not limited to: (a) Gang activities and indicia associated with a person or residence. (b) Information related to a drug -trafficking operation. (c) Vandalism indicating an animus for a particular group. (d) Information related to an illegal gambling operation. (e) Extortion. (f) Vice and Pornography (g) Infiltration of businesses for illegitimate purposes. (h) Bribery. (i) Major crime, including homicide, burglary, auto theft, kidnapping, destruction of property, robbery, fraud, forgery, fencing of stolen property and arson. (j) Manufacture, use, or possession of explosive devices for fraud, intimidation or political reasons. (k) Organized crime. (1) Corruption of public officials. (m) Threats to public officials and private citizens. (n) Traveling criminals, (o) Other designated multi -jurisdictional activities. The collection of strategic intelligence information about the political, religious, or social views, associations, or activities of any individual or any group, association, corporation, business, Copyright Lexipol, LLC 2024/12/14, All Rights Reserved. Criminal Organizations - 3 Published with permission by Iowa City Police Department Iowa ='tx Police Department f Policy Manual Criminal Organizations partnership, or other organization, is prohibited unless such information directly relates to criminal conduct Oractivity and there iSreasonable suspicion that the subject Ofthe information iSUrmay be involved in criminal conduct or activity. The inclusion of information obtained from organizations, i8. LBN. or through participation in multi -jurisdictional task force shall comply with these requirements. Department supervisors who utilize anauthorized criminal intelligence should work with the Training Coordinator to train rn8nnb8nG to identify information that may be particularly n9|8v8rt for inclusion. 420'6 RELEASE OF INFORMATION R8Ou8StS for iOfOn0oUOO from intelligence files ehGU be directed to the Commander Of the |nv8SUQGb0nS Division. The request 8h@U contain the name of the person requesting the iDf000GtiOO' the date, time, and purpose of the request. In addition, the request GhOU|d identify specific identifying information on the person for whom the information is being requested. Information from 8te0pOrary information file may only be furnished todepartment members and other law enforcement agencies On 8 need -to -know basis and consistent with the Records Maintenance and Release Policy. K88mbenG of this department are prohibited from forwarding Or n8-diSS8rDiD8bDg iDfO[0O8UOO from iOte||ig8OC8 files to pe[SOOS outside the |OVV@ City Police O8p8rtno8n[ without the express permission of the Chief Of P0|iC8 or designee, Commander of Field OperGUODS' CO00GOdVr of Administrative @erViC8S. or Commander Ofthe |OVe3UgaUODS When GO inquiry is made by the p@[8Oi or guardian of 'Um8Oikg GS to whether that 'UVHni|8's nGrn8 is in 8 ienlpOnBry information 09, such information should be provided by the Sup8nieO[ responsible for the ignnp0nary information O|e, unless there is good cause to believe that the release Ofsuch information might jeopardize aOongoing criminal investigation. 420'7 TERRORISM RELATED INFORMATION The |oxvo City Police Department shall maintain a liaison with other organizations for the exchange of information ne|obad to barnohomn. This liaison may be in the form of direct contact with specific departments and/or through such organizations as MOCIC, Iowa Homeland Security, United States HO08|8Dd Security, LE|N and the |OVVG FUSiOD Network. The Commander OfField Operations 0rdesignee shall bHresponsible for the dissemination Ofterrorist related information within the department and ShG|| GppnDV8 the [e-diSS80ination of terrorist related iDfO[0@UOD to other organizations. When appropriate, such information shall be in the form of written report accompanied bysupporting documentation. Copyright Lexipol, uou02w1um4,All Rights Reserved. Criminal Organizations -4 Published with permission by Iowa City Police Department Iowa City Police Department Policy Manual Criminal Organizations 420.8 TRAINING The Training Coordinator should provide training on best practices in the use of each authorized criminal intelligence system to those tasked with investigating criminal organizations and enterprises. Training should include: (a) The protection of civil liberties. (b) Participation in a multi -agency criminal intelligence system. (c) Submission of information into a multi -agency criminal intelligence system or the receipt of information from such a system, including any governing federal and state rules and statutes. (d) The type of information appropriate for entry into a criminal intelligence system or temporary information file. (e) The review and purging of temporary information files. Copyright Lexipol, LLC 2024/12/14, All Rights Reserved. Criminal Organizations - 5 Published with permission by Iowa City Police Department