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603 - Informants

603.1 PURPOSE AND SCOPE

The purpose of this policy is to provide guidelines for the use of informants.

603.1.1 DEFINITIONS

Definitions related to this policy include:

Informant — A person who covertly interacts with other individuals or suspects at the direction of, request of, or by agreement with, the Hartwell County Sheriff’s Department for law enforcement purposes. This also includes a person agreeing to supply information to the Hartwell County Sheriff’s Department for a benefit (e.g., a quid pro quo in the form of a reduced criminal penalty, money).

603.2 POLICY

The Hartwell County Sheriff’s Department recognizes the value of informants to law enforcement efforts and will strive to protect the integrity of the informant process. It is the policy of this office that all funds related to informant payments will be routinely audited and that payments to informants will be made according to the criteria outlined in this policy.

603.3 USE OF INFORMANTS

603.3.1 INITIAL APPROVAL

Before using an individual as an informant, a deputy must receive approval from their supervisor. The deputy shall compile sufficient information through a background investigation and experience with the informant in order to determine the suitability of the individual, including age, maturity and risk of physical harm, as well as any indicators of their reliability and credibility.

Any use of an individual as an informant should first be de-conflicted through the Western States Information Network (WSIN) database, and with other specialized units such as the Hartwell County Vice and Narcotics Division.

Additionally, if an individual to be used as an informant is seeking consideration in a pending criminal matter, approval for their use shall first be obtained from the District Attorney and/or their designee. The date and the name of the prosecutor giving such permission will be noted on the informant's Personnel History Form by the Sheriff or their designee. Also, any conditions or restrictions placed upon the use of the informant by the prosecutor will be noted on the Personal History Form or in a memo attached to the form. The use of parolees or probationers as informants must be approved by the Sheriff or their designee and the District Attorney or their designee. The use of parolees as informants must also have their prior approval of the parole office.

603.3.2 REVEALING THE IDENTITY OF AN INFORMANT

Members of The Office of The Sheriff should not guarantee absolute safety or confidentiality to an informant.

The responsible prosecutor, in concurrence with the Sheriff or their designee, will determine whether the informant's identity should be revealed. No Deputy, without the above prior approval, shall refuse to reveal the identity of an informant when testifying in court when ordered to do so by the presiding judge or magistrate. Deputies may ask for an in-camera hearing, in regards to revealing the identity of an informant. If a conflict does arise as to whether to reveal an informant, the matter will be resolved by the Sheriff or their designee.

603.3.3 STATEMENT OF INFORMANTS

When an informant participates in an investigation and it appears that the informant may be needed as a witness in court, it is the responsibility of the Sheriff or their designee and the case Deputy to ensure that a complete written statement is obtained from the informant and included in the case file.

603.3.4 JUVENILE INFORMANTS

The use of informants under the age of 13 is prohibited.

Except for the enforcement of laws related to the commercial sale of alcohol, marijuana or tobacco products, a juvenile 13 years of age or older may only be used as an informant with the written consent of each of the following:

  • The juvenile’s parents or legal guardians
  • The juvenile’s attorney, if any
  • The court in which the juvenile’s case is being handled, if applicable (Penal Code § 701.5)
  • The Sheriff or the authorized designee

603.3.5 INFORMANT AGREEMENTS

All informants are required to sign and abide by the Informant Admonition Form. The deputy using the informant shall discuss each of the provisions of the form with the informant.

Details of the agreement are to be approved in writing by a supervisor, before being finalized with the informant.

603.3.6 INFORMANT INFORMATION

Any use of information provided by an informant shall be consistent with investigation procedures and the Investigation and Prosecution Policy.

603.4 INFORMANT INTEGRITY

To maintain the integrity of the informant process, the following must be adhered to:

  • The identity of an informant acting in a confidential capacity shall not be withheld from the Sheriff, members of the Patrol Operations Bureau Command Staff, or the supervisor of the handling deputy.
  1. Identities of informants acting in a confidential capacity shall otherwise be kept confidential.
  • Criminal activity by informants shall not be condoned.
  • Informants shall be told they are not acting as sheriff's deputies, employees or agents of the Hartwell County Sheriff’s Department, and that they shall not represent themselves as such.
  • The relationship between office members and informants shall always be ethical and professional.
  1. Members shall not become intimately involved with an informant.
  2. Social contact shall be avoided unless it is necessary to conduct an official investigation, and only with prior approval of the Hartwell County Vice and Narcotics Division supervisor.
  3. Members shall neither solicit nor accept gratuities or engage in any private business transaction with an informant.
  • Deputies shall not meet with informants unless accompanied by at least one additional deputy or supervisor. Deputies shall not be in an open cab vehicle with any informant, for any period of time, unless there is another Deputy present in the cab of the vehicle. If a Deputy is utilizing a patrol vehicle with a caged area to facilitate the meeting with an informant, another Deputy should be present and within view of the interaction for its entirety.
  • Only during actual undercover situations may a Deputy be alone with an informant.
  • When contacting informants for the purpose of making payments, deputies shall arrange for the presence of another deputy.
  • In all instances when office funds are paid to informants, a voucher shall be completed in advance, itemizing the expenses.
  • Since the decision rests with the appropriate prosecutor, deputies shall not promise that the informant will receive any form of leniency or immunity from criminal prosecution. Occasionally deputies will utilize citizen informants who may be a relative or personal friend. It is not the intent of this order to regulate such a relationship; however, if the relative or friend's lifestyle is characteristic of someone involved in criminal activity, deputies must be aware of the same concerns as when dealing with any other criminal informant.

603.4.1 UNSUITABLE INFORMANTS

The suitability of any informant should be considered before engaging them in any way in a covert or other investigative process. Members who become aware that an informant may be unsuitable will notify the supervisor, who will initiate a review to determine suitability. Until a determination has been made by a supervisor, the informant should not be used by any member. The supervisor shall determine whether the informant should be used by the Office and, if so, what conditions will be placed on his/her participation or any information the informant provides. The supervisor shall document the decision and conditions in file notes and mark the file "unsuitable" when appropriate.

Considerations for determining whether an informant is unsuitable include, but are not limited to, the following:

  • The informant has provided untruthful or unreliable information in the past.
  • The informant behaves in a way that may endanger the safety of a deputy.
  • The informant reveals to suspects the identity of a deputy or the existence of an investigation.
  • The informant appears to be using their affiliation with this office to further criminal objectives.
  • The informant creates officer-safety issues by providing information to multiple law enforcement agencies simultaneously, without prior notification and approval of each agency.
  • The informant engages in any other behavior that could jeopardize the safety of deputies or the integrity of a criminal investigation.
  • The informant commits criminal acts subsequent to entering into an informant agreement.

If it is determined that the informant is unreliable, the case Deputy or Sheriff or their designee is responsible for immediately submitting an unreliable informant card to WSIN and for notifying any known affected criminal justice agencies that the informant was found to be unreliable.

603.5 INFORMANT FILES

Informant files shall be utilized as a source of background information about the informant, to enable review and evaluation of information provided by the informant, and to minimize incidents that could be used to question the integrity of office members or the reliability of the informant.

Informant files for the Hartwell County Vice and Narcotics Division, shall be stored securely at that office. Informant files for other units within the HCSD, shall be maintained in a secure area within the HCSD Office. The Administration Bureau shall be responsible for maintaining informant files. Access to the informant files shall be restricted to the Sheriff, his/her Administration or their authorized designees.

603.5.1 INFORMANT PERSONAL HISTORY FORM

Prior to the utilization of an informant, deputies must have the Sheriff or their designee approval and shall submit an Informant Personal History Form for written approval. The Informant Personal History Form, in all instances, must be submitted no later than five days after verbal approval has been given. The Informant Personal History Form will be retained in the individual informant file.

When an informant that has been deactivated is reactivated and the period of the deactivation was 90 days or longer, a new Informant Personal History Form must be completed within five days of the reactivation of the informant.

603.5.2 INFORMANT IDENTIFICATION NUMBER AND LOG

The Sheriff’s Department is to maintain a numerical informant identification number log. Every informant utilized by the Sheriff’s Department is to be assigned an identification number. The log is to contain the informant identification number, informant's name, control deputy's name, and the date the informant number was assigned. Any correspondence thereafter will contain the informant's identification number.

603.5.3 FILE SYSTEM PROCEDURE

A separate file shall be maintained on each informant and shall be coded with an assigned informant control number. An informant history that includes the following information shall be prepared for each file:

  • Informant Personal History Form
  • Informant Admonition Form
  • Informant Performance Record
  • NCIC, CLETS and local agency warrant inquiry
  • The first and most recent quarterly inquiry
  • DMV inquiries
  • The first and most recent quarterly inquiry
  • Criminal history record
  • First and most Name and aliases (h) (i) (j) (k) (l) (m)
  • Places frequented
  • Briefs of information provided by the informant and his/her subsequent reliability
  1. If an informant is determined to be unsuitable, the informant's file is to be marked "unsuitable" and notations included detailing the issues that caused this classification.
  • Name of the deputy initiating use of the informant (q)
  • Update on active or inactive status of informant

603.5.4 INFORMANT PERFORMANCE RECORD

An Informant Performance Record is to be maintained on every informant utilized by the Sheriff’s Department. This record is to be retained in the informant file folder or by the Sheriff or their designee. It is the responsibility of the Sheriff or their designee to cause an update of this record and to record any monies paid to or spent by the informant and cases on which the informant worked. This record may vary to form; however, pertinent data must be included. As vouchers are received reflecting monies spent by or paid to the informant, the Sheriff or their designee will enter on the Informant Performance Record the date, voucher number, amount expended, purpose and investigation number.

603.5.5 QUARTERLY INQUIRIES

The Sheriff or their designee will be responsible for a quarterly DMV and warrant inquiry for all active informants. This quarterly inquiry will include NCIC, CLETS, WSIN and local warrant checks, and a DMV printout regarding driver's license status. The informant file will have the first teletype print out and the last quarterly print outs and a notation of quarterly review by the Sheriff or their designee. Informants who do not possess a valid driver's license shall not operate a motor vehicle while engaged in investigations with deputies.

603.6 INFORMANT BUYS

When an informant purchases evidence or other contraband, the purchase shall be made under the following guidelines:

  • All informant buys shall be under the direct control or supervision of Drug HCSD Deputy/ personnel. Any time funds are provided to an informant, at least two Deputy's, or one Deputy and one law enforcement officer, must be present to witness the furnishing of funds to an informant. The same two Deputies will sign and witness the expenditure of funds by an informant on a voucher.
  • All funds shall be pre-recorded prior to the buy.
  • Informants shall not "front" funds to any suspect without prior authorization from the Sheriff or their designee.
  • The informant should be fitted with a transmitting device and the transmission recorded, unless circumstances preclude its use. A supervisor shall make this determination.
  • The informant shall be searched for contraband and money by a Deputy or designee prior to the buy. This will include a search of the informant's vehicle. Constant visual surveillance should be maintained on the informant preceding the buy to ensure that any evidence or contraband obtained came from the buy location. Visual surveillance should be maintained on the informant upon leaving the buy location to ensure that the evidence or contraband was obtained from the buy location.
  • The informant shall again be searched for contraband after the buy, by a Deputy or his designee. This will include the informant's vehicle.
  • The informant should be immediately debriefed, and a written statement obtained in accordance with this policy.

603.7 INFORMANT PAYMENTS

No informant will be told in advance or given an exact amount or percentage for their service. The amount of funds to be paid to any informant will be evaluated against the following criteria:

  • The extent of the informant's personal involvement in the case
  • The significance, value or effect on crime
  • The value of assets seized
  • The quantity of the drugs or other contraband seized
  • The informant's previous criminal activity
  • The level of risk taken by the informant In regards to paying an informant, the supervisor of the deputy handling the informant will discuss the above factors with their Division Commander. Together, they will come up with a recommendation as to the type and level of payment, which will then be forwarded to the Sheriff or their designee for approval.

603.7.1 PAYMENT PROCESS

Approved payments to an informant should be in cash using the following process:

  • Payments of $500 and under may be paid in cash from a designated buy/expense fund.
  • The Sheriff or their designee shall sign the voucher for cash payouts from the buy/expense fund.
  • Payments exceeding $500 shall be made by issuance of a check, payable to the deputy who will be delivering the payment.
  1. The check shall list the case numbers related to and supporting the payment.
  2. A written statement of the informant's involvement in the case shall be placed in the informant's file.
  3. The statement shall be signed by the informant verifying the statement as a true summary of his/her actions in the case.
  4. Authorization signatures from the Sheriff and the County Administrative Officer are required for disbursement of the funds.
  • To complete the payment process for any amount, the deputy delivering the payment shall complete a cash transfer form.
  1. The cash transfer form shall include the following:
  • Date
  • Payment amount
  • Hartwell County Sheriff’s Department case number
  • A statement that the informant is receiving funds in payment for information voluntarily rendered.
  1. The cash transfer form shall be signed by the informant.
  2. The cash transfer form will be kept in the informant's file.

603.7.2 REPORTING OF PAYMENTS

Each informant receiving a cash payment shall be advised of their responsibility to report the cash to the Internal Revenue Service (IRS) as income. If funds distributed exceed $600 in any reporting year, the informant should be provided IRS Form 1099 (26 CFR 1.6041-1). If such documentation or reporting may reveal the identity of the informant and by doing so jeopardize any investigation, the safety of deputies or the safety of the informant (26 CFR 1.6041-3), then IRS Form 1099 should not be issued.

In such cases, the informant shall be provided a letter identifying the amount they must report on a tax return as "other income" and shall be required to provide a signed acknowledgement of receipt of the letter. The completed acknowledgement form and a copy of the letter shall be retained in the informant's file.

603.7.3 AUDIT OF PAYMENTS

The Sheriff's designee for informant management shall be responsible for compliance with any audit requirements associated with grant provisions and applicable state and federal law.

At least once every six months, the Sheriff and their designee for informant management should conduct an audit of all informant funds for the purpose of accountability and security of the funds. The funds and related documents (e.g., buy/expense fund records, cash transfer forms, invoices, receipts and logs) will assist with the audit process.

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