Informants

RICHMOND POLICE DEPARTMENT GENERAL ORDER
NOTIi: This direclive is for internal use only, and does nol enlarge an employee's civil liability in any way, H should not he
^.j^Vr)y constructed as tlie creation of a higher standard of safely or care in an evidentiary sense, with respecl to third party claims.
*&^oH^y Violation of (hi* direclive, if proven, can only form the basis of a complaint hy this department, and then only in a non-judicial
administrate setting.

Chapler

7

Number

6

Effective Dale

11/02/09

Review Date

2012

Subject

INFORMANTS

□

New Order

References

CALEA 42.2.7a f 42,2.7b, 42,2.7c, 42.2.7d y 42.2 Jc, 42.2 Jf t 42.2 Jh

VLBPSC OPR.02,06<i, QPRMMh, OPR.02.06c, OPR.02.06d, OPR.02.06e, 0PRM2Mf,

OPR,02Mg t OPR.02.06k, OPR.02.96t

E

Replaces

G.O. 7-6, (91/02/07)

1 1/02/09

Chief of Police or Designee Date

L PURPOSE

The purpose of this order is to provide guidelines for the documentation, management and
compensation of confidential informants.

II. POLICY

The Richmond Police Department will maintain files on all informants used by members of
the Department to gather information concerning criminal activities. The Department will
also provide guidelines concerning management of informants. Management of informants
will be in compliance with applicable Department policy, law and related court decisions.

III. ACCOUNTABILITY ST A TEMENT

All employees ate expected to fully comply with the guidelines and timelines set forth in
this general order. Failure to comply will result in appropriate corrective action.
Responsibility rests with the Division Commander to ensure that any violations of policy
are investigated and appropriate training, counseling and/or disciplinary action is
initiated,

IV. DEFINITIONS

A. INFORMANT - A person who, under the direction of an officer of the Richmond
Police Department, furnishes information on drug trafficking or other criminal
activity with the expectation of receiving compensation, whether monetary or, in
some instances, not receiving any monetary compensation or consideration through a
court disposition.

Page 1 of 6 - General Order 7-6 (1 1/02/09}
INFORMANTS

1 , PAID INFORMANT - An informant, not subject to criminal charges or arrest,
who provides information with the expectation of receiving monetary
compensation from the Richmond Police Department,

2, DEFENDANT INFORMANT - An informant who has been criminally charged
and is facing prosecution for a criminal offense (s), or a defendant in a pending
municipal, stale or federal case who expects consideration in a disposition,

3, PROXY INFORMANT - An informant, subject to arrest but who has not been
formally charged, who provides information with the expectation of avoiding
prosecution.

4, DE-ACTIVATED INFORMANT -An individual who has previously served as
a paid and/or defendant informant and was subject to termination, usually
immediate, of the agreement between the Richmond Police Department and
him/herself. The de-activated informant can no longer participate in any current
or future investigation.

B. Informational Sources - Persons, who may or may not be confidential, who supply
information to the police without the expectation of any consideration or
compensation from the Richmond Police Department, i.e. concerned citizens,
Crimes toppers,

PROCEDURE

A. All Informants:

Each officer utilizing an informant (paid, defendant and proxy) shall ensure that the
following documents are completed, placed in a packet and hand-carried to the
Special Investigations Division's (SID) Narcotics Unit Officer- in -Charge (QIC) or
designee. The Narcotics Unit OIC or designee will review the information and assign
a control number before the informant can participate in any investigation.

L Cooperation Agreement Document.

2. Personal History Form with Fingerprints (including proof of criminal history
check, biographical and background information).

3. Initial Informant Debriefing Report (include reviewing supervisor's signature).

NOTE: The Debriefing Report is used Lo gather intelligence and to verify that the
informant is active and providing information,

4. Photograph of Informant,

5. Informant Check List.

6. Copy of Department of Motor Vehicles (DM V) Record.

Page 2 of 6 - General Order 7-6 ( 1 1/02/09)
INFORMANTS

NOTE: Any officer or detective utilizing an informant will be required to submit a
Debriefing Report to SID on a monthly basis. Failure to submit a monthly
Debriefing Report may result in the SID deactivating the subject informant.

This information shall be included in the SID Master File and shall be maintained in a
central, secure location by the Narcotics Unit OIC or designee.

NOTE: The SID will be the centralized repository for all files documenting
informants that are utilized by each officer.

B . Pai d Informants :

1. No promise of payment amount will be made to the informant without the
written consent from the Narcotics Unit OIC or designee. No payment will be
made until the informant has provided assistance to the police, the value of the
assistance has been evaluated and the payment amount has been discussed by
the case officer and his/her supervisor,

% Payments will be made from SID funds and, therefore, are subject to approval
by the Narcotics Unit OIC or designee.

3. Informants utilized by the Homicide Unit shall be paid via funds appropriated to
that unit.

4. The payment amount will be based upon the quality of information provided by
the informant and the type of investigation. Any court testimony given by the
informant will also be considered.

5. A Report of Expenditure of Special Investigative Funds (Narcotic N-10) form
will be properly completed at the time payment is rendered to the informant.

C. Defendant Informants:

1. Department personnel must obtain Commonwealth's Attorney approval and
supervisory authorization prior to using a defendant informant.

2. Documentation of criminal charges pending in a Richmond court shall be
verified prior to using a defendant informant,

3. At no time can a defendant informant be paid.

4. A Proxy Informant Cooperation Form shall not be used for a defendant
informant.

D. Proxy Informants:

1. Department personnel must obtain Commonwealth's Attorney approval and
supervisory authorization prior to using a proxy informant.

2. In addition to the required Informant Information Packet forms for all
informants, the following documents shall be included in the forms packet and

Page 3 of 6 - General Order 7-6(11 /02/09)
INFORMANTS

delivered to the Special Investigations Division's Narcotics Unit OIC or
designee:

a. Proxy Informant Cooperation Agreement Form; and>

b. Criminal History Report.
Maintenance and Control of Informants:
h Documentation:

a) The case officer must document all informant activities immediately after
the informant has performed any action directed by a member of the police
department, The case officers will promptly complete the "Informant
Resume Sheet" and forward it to the Narcotics Unit OIC or designee.

b) The Narcotics Unit OIC or designee will maintain an informant file list.
This list will include informants that are classified as deactivated.

c) If any informant is classified as deactivated , his/her participation in any
investigation and any future investigations must cease immediately,

d) If an informant has been classified as inactive and it becomes necessary to
reactivate, a new Informant Information Packet as described in this
general order must be submitted.

2. Control:

a) Informant identity:

(1) The SID will warehouse a centralized file documenting informants
maintained by each Departmental officer.

(2) All actions involving the use of confidential informants will be
handled in such a manner as to protect the identity of the informant,

(3) Informant confidentiality will be thoroughly discussed with the
Commonwealth's Attorney's office prior to any court proceeding
and all alternatives to releasing informant identity will be
considered.

(4) At no time will an informant be promised confidentiality; he or she
may be informed that all lawful means to protect his/her identity will
be employed.

b) No personnel will meet with any informant without having a second
officer present,

c) All contacts with informants will be strictly professional in nature;
socializing, romantic relationships, etc- with informants are strictly
prohibited.

Page 4 of 6 - General Order 7-6 ( 1 1/02/09)
INFORMANTS

Fi Juveniles as Informants:

1. Persons less than 18 years of age cannot be used as an informant unless
expressed written permission is obtained by the Commonwealth's Attorney's
Office and the Major of Support Services. This written permission shall be on a
Juvenile Authorization Release Form that has been signed by both parents, if
living together; the legal custodial parent, if living apart; or, the legal guardian
and witnessed by two officers.

2. The problems with being an informant should be carefully explained to a
juvenile and his/her parents or legal guardian at the time that the juvenile
authorization form is completed, i.e. personal safety considerations, court
testimony, etc.

G. General Precautions:

1. All Department employees are reminded that informants are not police officers
and any fraternization should be avoided,

2. No police officer's family member can be used as an informant without the
consent of the OIC of SID.

3. A police officer that has a family member working as an informant cannot
participate in any role, direction or engage in any activity regarding the
information received from the informant.

ROLES AND ACCOUNTABILITY

A. Department personnel utilizing an informant (paid, defendant and proxy) shall:

L Ensure that the proper documents are completed, placed in a packet and
hand-carried to SID's Narcotics Unit OIC or designee;

2. Submit Debriefing Reports to SID on a monthly basis;

3. Obtain approval from the Commonwealth Attorney and supervisory
authorization prior to utilizing a defendant or proxy informant; and,

4. Avoid any fraternization with informants,

B, Narcotics Unit OIC or designee shall:

1. Review submitted information from Departmental personnel utilizing an
informant and assign a control number before the informant can participate
in any investigation;

2, Maintain all informant documentation in a central, secure location;

3. Authorize the approval of payments to informants; and,

4, Maintain an informant file list including those informants that are classified

Page 5 of 6 - General Order 7-6 (1 1/02/09)
INFORMANTS

as deactivated.

C. Supervisor shall:

Review and ensure the accuracy and timely completion of all documents in the
Informant Information Packet and provide signatures on all required forms.

D. Case Officer shall:

L Document all informant activities immediately after the informant has
performed any action directed by a member of the police department; and*

2, Promptly complete the Informant Resume Sheet and forward it to the
Narcotics Unit OIC or designee.

E. Major of Support Services shall:

Authorize the use of juveniles as informants, when appropriate.
VII, FORMS

A.

Informant File Checklist

B.

Informant Cooperation Agreement

C.

Proxy Informant Cooperation Form

D,

Juvenile Authorization Release Form

E.

Informant Initial Debriefing Report

F.

N-10, Report of Expenditure of Special Investigative Funds

G.

N-19, Personal History Information

H.

Informant Resume Sheet

I.

Informant Debriefing Report (Monthly)

Page 6 of 6 - General Order 7-6 (1 1/02/09)
INFORMANTS