21.00.100     INTELLIGENCE INFORMATION                    (CALEA 42.1.6)

 

The intelligence process involves the collection, evaluation, organization, analysis, dissemination and review of intelligence information.  The Department will comply with RCW 10.97, and the following guidelines will be adhered to with regards to the intelligence process.

 

Intelligence Gathering

 

Any member of the Department may collect information.  Collection involves initial gathering of intelligence and collection of raw information.  Initial collection of information is not considered intelligence.  The data produced as a result of evaluation, comparison and analysis are considered intelligence. Training will be provided as needed for those Department members that are actively involved in the gathering of intelligence information.

 

Department members shall collect and maintain criminal intelligence information concerning an individual only if there is reasonable suspicion that the individual is involved in criminal conduct or activity and the information is relevant to that criminal conduct or activity or relates to activities that present a threat to the community.

Department members shall not collect or maintain criminal intelligence information about the political, religious or social views, associations, or activities of any individual or any group, association, corporation, business, partnership, or other organization unless such information relates to criminal conduct or activity and there is reasonable suspicion that the subject of the information is or may be involved in criminal conduct or activity.

 

Reasonable Suspicion

 

Reasonable Suspicion or Criminal Predicate is established when information exists which establishes sufficient facts to give a trained law enforcement or criminal investigative agency officer, investigator, or employee a basis to believe that there is a reasonable possibility that an individual or organization is involved in a definable criminal activity or enterprise. In an inter-jurisdictional intelligence system, the criminal intelligence manager is responsible for establishing the existence of reasonable suspicion of criminal activity either through examination of supporting information submitted by a participating agency or by delegation of this responsibility to a properly trained participating agency which is subject to routine inspection and audit procedures established by the Department.

 

Employees of this Department will not engage in any illegal activity in collecting intelligence information; nor will any member employ or direct another to engage in the collection of intelligence information through illegal means.

 

Information will be submitted to the Lieutenant supervising the unit receiving the information.  After reviewing the information, the supervisor will distribute the information to the Crime Analysis Unit, East Side Narcotics Task Force, and/or the Special Enforcement Team. 

 

Terrorism Information/Intelligence      (CALEA 46.3.2)

 

Field gathered information, of a domestic or international terrorist nature, will be submitted to the Lieutenant supervising that unit using standard forms and procedures already used for criminal information.  The lieutenant will forward this information to an intelligence Detective assigned to the Crime Analysis Unit who will evaluate and/or verify it.  This intelligence will then be forwarded to the appropriate agencies, task forces, and other organizational entities by the Crime Analysis Unit.

 

Crime Analysis intelligence detective(s) will be responsible for maintaining a current list of those entities that require and are authorized to receive terrorist based intelligence.

 

Information, collected through a field interview initiated by an officer receiving a notification from the FBI’s Terrorism Screening Center through NCIC, will be immediately given to the TSC directly over the phone, in accordance with the instructions on the notification.  Officers will then submit it as per the above directions. Apprehensions and arrests resulting from TSC warrants will be documented through normal reporting procedures with a copy of the report being sent to the analysis unit.

 

Information Evaluation

 

Information will be evaluated.  That information found to be accurate and requiring immediate follow-up will be assigned for investigation.  The originating officer will be advised of the assignment.  Information that is accurate and does not require immediate attention will be assigned as caseloads permit.

 

The various units’ personnel will file information that does not require follow-up.

 

Verifiable Crime Information

 

Verification is the first step in translating raw information into intelligence information.  Where criminals interrelate and the verification process demonstrates that the modus operandi (MO’s) is developing, the MO’s then become the basis for predicting activities of criminal groups.  Forecasting allows strategic planning which offers the opportunity of law enforcement interception.  Only verifiable crime related information germane to the mission and objectives will be retained.

 

File Retention       (CALEA 42.1.6)

 

Intelligence files will be retained for a period of up to three years and will be reviewed annually by the Investigations Commander or a designated supervisor.

 

Intelligence files containing information relating to monitoring or tracking registered sex offenders as defined by RCW 9A.44.130 may be retained indefinitely.

 

Security       (CALEA 42.1.6)

 

Intelligence files will be kept in locked file cabinets.  Access to these files include the Crime Analysis Unit personnel, the Fraud and Organized Crime Unit, Property Crimes and Persons Crimes Unit supervisors, the Commander of the Investigations Section, ENTF Commander, Deputy Chief of Operations, the Chief of Police and any specifically named designee.  Other Department personnel requesting access must obtain authorization from the Investigations Section Commander or his/her designee.

Department members maintaining criminal intelligence information shall ensure that administrative, technical, and physical safeguards are adopted to insure against unauthorized access and against intentional or unintentional damage. A record indicating who has been given information, the reason for release of the information, and the date of each dissemination outside the project shall be kept. Information shall be labeled to indicate levels of sensitivity, levels of confidence, and the identity of submitting agencies and control officials. Each Unit must establish written definitions for the need to know and right to know standards for dissemination to other agencies.

Employees involved in the collection and storage of intelligence information shall assure that security requirements are implemented.  The following security procedures are required:

v     Restrict access to its facilities, operating environment and documentation to organizations and personnel authorized by the project

 

v     Store information in the system in a manner such that it cannot be modified, destroyed, accessed, or purged without authorization

 

v     Institute procedures to protect criminal intelligence information from unauthorized access, theft, sabotage, fire, flood, or other natural or manmade disaster

 

Units may authorize and utilize remote (off-premises) system data bases to the extent that they comply with these security requirements.

 

Dissemination

 

Personnel or authorized recipients shall disseminate criminal intelligence information only where there is a need to know and a right to know the information in the performance of a law enforcement activity. Personnel shall disseminate criminal intelligence information only to law enforcement authorities who shall agree to follow procedures regarding information receipt, maintenance, security, and dissemination which are consistent with these principles.

 

This policy shall not limit the dissemination of an assessment of criminal intelligence information to a government official or to any other individual, when necessary, to avoid imminent danger to life or property.

 

All dissemination will be noted in the proper log in accordance with RCW 10.97.

 

Annual Review/Reevaluation

 

The purpose of the annual review is to determine the current validity status of information kept in intelligence files.  Each respective supervisor will review their Unit’s intelligence files annually.  Information in the files will be classified as active, inactive or to be purged.  Active information consists of that which is currently being investigated, inactive consists of information that requires no further follow-up and is closed or pending until further information becomes available.  Information to be purged is that which is no longer accurate, relevant or useful for follow-up activity.