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E.P.P. 047 LONGWOOD POLICE DEPARTMENT ENFORCEMENT POLICY & PROCEDURE NUMBER: EPP – 47 SUBJECT: CRIMINAL INTELLIGENCE EFFECTIVE: JANUARY 21, 2002 REVISED: JANUARY 1, 2023 ENFORCEMENT POLICY AND PROCEDURE CRIMINAL INTELLIGENCE EPP – 47 Page 1 of 10 I. PURPOSE: The purpose of this directive is to establish guidelines for the gathering, dissemination, archiving, and purging of intelligence information. II. DEFINITION: Criminal Intelligence Information: Information with respect to an identifiable person or group of persons, collected by a law enforcement agency in an effort to anticipate, prevent, or monitor possible criminal activity. III. COLLECTION OF INTELLIGENCE INFORMATION: A. Prohibitions: 1. The collection of criminal intelligence information concerning particular individuals, groups, or enterprises is limited to criminal conduct and will be related to activities that present a threat to the community. a. Information may be collected and maintained only under the following circumstances: 1. If evidence exists connecting individuals with known or suspected criminal activity; and, 2. The information is relevant to that criminal activity. b. Intelligence information will not be collected or maintained by the Longwood Police Department based solely on a person's: ENFORCEMENT POLICY AND PROCEDURE CRIMINAL INTELLIGENCE EPP – 47 Page 2 of 10 1. Support of unpopular causes; 2. Race or ethnicity; or, 3. Religious and/or political affiliations. 2. No employee of this department will knowingly engage in any illegal activity in the collection of intelligence data, nor shall any employee direct any other individual to engage in the collection of intelligence data through illegal means. B. The gathering of raw intelligence information is the primary step in the intelligence process. Through this process, agency components may begin to detect occurrences of criminal activity within specific geographical areas of the city, the immediately surrounding areas, and the state. C. Raw data will also be gathered by personnel associated with federal, state, and local activities and organizations. D. Sources of intelligence information include: 1. The general public; 2. Certified law enforcement personnel; 3. Official police reports; 4. Informants; 5. Public records; 6. Print media (newspapers, magazines, etc.); 7. Electronic media (television, radio, electronic bulletin boards, etc.); 8. Criminal intelligence submissions from law enforcement officers; 9. Federal Drug Enforcement Administration; 10. Central Florida Intelligence Unit; 11. Florida Department of Law Enforcement; 12. Federal Bureau of Investigation; ENFORCEMENT POLICY AND PROCEDURE CRIMINAL INTELLIGENCE EPP – 47 Page 3 of 10 13. United States Marshall Service; 14. El Paso Intelligence Center (E.P.I.C.); 15. United States Customs Service; 16. Bureau of Alcohol, Tobacco and Firearms; 17. The Regional Organized Crime Information Center; 18. The Florida Intelligence Unit; 19. FACESNXT Program; 20. The Law Enforcement Intelligence Unit; and, 21. And other state, federal and local law enforcement agencies. E. The types of information that can be gathered are listed as, but not limited to: 1. Biographical data on suspects and associates; 2. Suspect vehicle information; 3. Suspect locations; 4. Types of criminal activity; 5. Modus operandi; 6. Computer related information (e-mail, ip address, screen names); 7. Potential criminal activity. F. Raw intelligence information collected will be subject to collation and analysis to determine the accuracy of the information, identification of the subjects involved, and a determination of criminal activity. 1. Raw intelligence will be collated and analyzed in a secure environment such as the Criminal Investigations Division at the police department. 2. Intelligence information gathered by members of the Longwood Police Department will be screened according to the following procedure: ENFORCEMENT POLICY AND PROCEDURE CRIMINAL INTELLIGENCE EPP – 47 Page 4 of 10 a. The information will be compiled into a written format and submitted to the CID lieutenant. b. The CID lieutenant will screen the information to ensure that it relates to criminal conduct or activities that present a threat to law enforcement or the community. c. If no discrepancies are found, the CID lieutenant will return the information to the collecting member for use. IV. INFORMATION QUALITY: A. All intelligence information shall be evaluated and reviewed for reliability and accuracy in content. Investigators must make every effort to judge the reliability of the sources of information and confirm all data whenever possible. B. To ensure uniformity throughout the agency, the following guidelines are provided for the evaluation of intelligence information: 1. Source Reliability: a. Highly Reliable: The reliability of the source is unquestioned or has been tested in the past. b. Usually Reliable: The reliability of the source can usually be depended upon to be factual. The majority of the information provided in the past has been proven to be reliable. c. Somewhat Reliable: The reliability of the source has been sporadic in the past. d. Unknown Reliability: The reliability of the source cannot be judged. The authenticity or trustworthiness has not been established by either experience or investigation. ENFORCEMENT POLICY AND PROCEDURE CRIMINAL INTELLIGENCE EPP – 47 Page 5 of 10 2. Content Validity: a. Factual: The information has been corroborated by alternate method. b. Possibly True: The information is consistent with past accounts. c. Doubtful: The information is not consistent with past accounts. d. Accuracy Unknown: The information cannot be evaluated for its validity. 3. How Obtained: a. Viewed by Source: Source actually witnessed the occurrence or activity. b. Hearsay by Source: Source heard the information and was relating what was heard. c. Unknown: The method used by the source to obtain the information is not known or documented. V. FILES AND RECORDS: A. In order to ensure the integrity of the intelligence process, records stored in intelligence files must be relevant to past, present, or anticipated intelligence activities. B. Information will be purged from intelligence files if the data meets at least one of the following conditions: 1. The data has been found to be incorrect; ENFORCEMENT POLICY AND PROCEDURE CRIMINAL INTELLIGENCE EPP – 47 Page 6 of 10 2. The data has met a ten year retention period and is no longer relevant or necessary to the mission or objectives of the police department; 3. The data has become obsolete, thus making it unreliable for present purposes, and the practicality of updating the data is not feasible; 4. The data can not be used for any present or future strategic or tactical intelligence purpose. C. Purging: All requests for the destruction of intelligence information will be in writing and addressed to the Records Custodian, through the appropriate department director. 1. Records that are being considered for destruction must be inspected by the records custodian to determine if they meet the minimum criteria for retention recommended or mandated by the Florida Bureau of Archives and Records Management. 2. Prior to destroying any records the records custodian must: a. Complete a Records Destruction Request Form provided by the bureau for this purpose; b. Obtain the chief’s approval. The request will then be submitted to the bureau for approval prior to any destruction; and, c. When the bureau reviews the request and approves or disapproves, the records custodian will order the destruction of the records. In accordance with the bureau's guidelines, intelligence information will be shredded. 3. Copies of Records Destruction Request Forms submitted to the Bureau and returned to this department will be kept on permanent file by the records custodian. D. Intelligence Storage: 1. The highly sensitive nature of intelligence files requires that they be maintained separately from other police department records to prevent them from being compromised. ENFORCEMENT POLICY AND PROCEDURE CRIMINAL INTELLIGENCE EPP – 47 Page 7 of 10 2. All intelligence records will be secured in an area separate from the agency's central records function. 3. To ensure security measures and protect against unauthorized attempts to access, modify, remove, or destroy stored information, all intelligence files will be secured in locked file cabinets in the Criminal Investigations Division. The files will be maintained and accessed solely by the personnel assigned to the particular division or section initiating the file. 4. Computerized intelligence records, if maintained, will be encrypted so as to preserve their security. VI. UTILIZATION OF PERSONNEL OR TECHNIQUES: If enforcement personnel need to perform an intelligence function that would require specialized equipment or specially trained personnel to assist with the function, the following procedures are applicable: A. Requests for the use of personnel or equipment assigned to components structured to perform intelligence techniques (Investigations Division) shall be made to a supervisor of the component by telephone, in writing, or in person. B. Surveillance or electronic equipment may be obtained from the investigations division with the permission of its lieutenant. 1. The component providing the requested equipment will provide personnel to operate the equipment unless the requestor has previously demonstrated proficiency in the operation and maintenance of the equipment to be used. 2. The supervisor of the component controlling the equipment must approve the loan of the equipment. 3. All equipment loaned out for intelligence gathering purposes will be logged by the loaning component and checked for operational readiness before it is issued. C. Electronic surveillance and wire intercepts will only be conducted in accordance with the provisions of Chapter 934, Florida State Statutes. VII. DISSEMINATION OF INTELLIGENCE INFORMATION: A. The release of information contained in intelligence files will be made only after a complete review has been conducted and it has been determined that releasing the information will not jeopardize any ongoing criminal investigation. ENFORCEMENT POLICY AND PROCEDURE CRIMINAL INTELLIGENCE EPP – 47 Page 8 of 10 B. The release of any information will be in accordance with applicable Florida State Statutes and department directives. C. Criminal investigations division, (C.I.D.), personnel are responsible for evaluating and distributing intelligence information, and are exempt from the security levels described below. The C.I.D. lieutenant may authorize the dissemination of information to other law enforcement agencies. Records management will include documentation of requests for, and the dissemination of, intelligence information. Dissemination of intelligence information is governed by a need-to- know basis. NOTE: Intelligence information masters are stored under secure conditions by C.I.D. personnel. Once administrative value is obsolete, disseminated intelligence information should be destroyed by shredding. D. Confidential: Intelligence information labeled/marked "confidential" is considered highly sensitive, and is only issued to specific employees. Confidential material will be sequentially numbered, and will be signed for by the recipient (who is responsible for maintaining security of the information). 1. Confidential information will not be electronically distributed. 2. Confidential information is considered eyes only, and is not intended to be copied, distributed, or relinquished (however, with permission of the recipients, the information may be viewed by employees under their command in a secure supervised environment). 3. Confidential information is only approved for viewing by employees of the police department. 4. Confidential intelligence information is defined as follows: a. Confidential - Executive: Intended for the chief, and other employees as determined by its relevance. b. Confidential - Command: Intended for command staff to include, as determined by its relevance, the chief, and lieutenants. ENFORCEMENT POLICY AND PROCEDURE CRIMINAL INTELLIGENCE EPP – 47 Page 9 of 10 c. Confidential - Section/District: Intended for command staff as determined by its relevance, which may include sworn personnel assigned to a particular division or assignment. E. Law Enforcement Only: Information labeled/marked "law enforcement only" may only be distributed to sworn employees of the police department. This information may be electronically disseminated to specified law enforcement officers. Law enforcement officers not included in intelligence distributions, may request the information by contacting the C.I.D. lieutenant. F. Restricted: Information intended for police department employees, including non-sworn personnel. This information may be electronically distributed. Law enforcement officers employed by other agencies may receive this information at the discretion of the C.I.D. lieutenant. VIII. FACESNXT PROGRAM: FACESNXT is a facial recognition program that is used as an investigative tool for investigators. A. UTILIZATION OF FACESNXT PROGRAM: Any Law Enforcement action taken based on a submission/query to FACESNXT shall be based on the agency's own identity determination and not solely the results of a FACESNXT search. 1. Investigations personnel utilizing the program must complete the FACESNXT online training prior to use. 2. This program is for Criminal Justice purposes only and not for public use or dissemination. 3. When conducting searches, the user must include agency case number as to the reason for the search. 4. Members shall maintain the confidentiality of all information obtained from the FACESNXT system in accordance with Chapter 119 and F.S.S. Information obtained shall only be disclosed to persons to whom disclosure is authorized under Florida law and federal law. ENFORCEMENT POLICY AND PROCEDURE CRIMINAL INTELLIGENCE EPP – 47 Page 10 of 10 B. Web Application Access Point of Contact/Agency Administrator: Agency personnel tasked with FACESNXT related responsibilities/queries and the agency’s communication with FACESNXT system administrators is currently assigned to the Criminal Investigations Division Lieutenant. C. Auditing: 1. The designated FACESNXT Agency administrator shall be responsible for the following: a. Audit and manage user accounts and immediately deactivate users who are terminated, retire, or no longer require FACESNXT access. b. Review case numbers, probe images and record queries and report any suspicious activity to chain of command.