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Re: (Investigator-Notes®) Questions into SOP (Standard Op...

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  • RickyG
    ... However, by having ... Which way to go for what? In my personal opinion, BASED ON WHAT LITTLE INFORMATION MR. EPSTEIN HAS ALLOWED US TO HAVE, I think the
    Message 1 of 8 , Jan 25, 2011
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      --- In infoguys-list@yahoogroups.com, suesarkis@... wrote:
      >
      > Jesse -

      However, by having
      > access to the manual and finding the correct chapter and verse, the attorney
      > then knows which way to go.
      >
      >
      > Sincerely yours,
      > Sue
      > ________________________
      > Sue Sarkis
      > Sarkis Detective Agency



      Which way to go for what? In my personal opinion, BASED ON WHAT LITTLE INFORMATION MR. EPSTEIN HAS ALLOWED US TO HAVE, I think the whole process of obtaining an SOP Manual in this case is a waste of somebody's time and money... Let me explain..

      From what I can gather from Mr. Epstein's post:

      "Good morning group: I have a question and would like to generate a
      discussion into SOP (Standard Operating Procedures) officers take during
      sting operations. I know as investigators the retaining of evidence to
      prove a crime is extremely important and from policy academy to working
      with the OSI…there were always SOP's and EVERYONE had to follow
      the same procedures. Obviously if a crime was witnessed and video/audio
      was not available that is another story. HOWEVER: In a criminal
      investigation operation planned over months, with a sting setup for a
      specific day, along with using an informant and ONLY the informant was
      going to be within the vehicle when the arrest was going to take
      place…WITHOUT HAVING ANY AUDIO OR VIDEO EVIDENCE of the actual sting
      happening I find to be strange and poor police work. I want feedback
      from the group into if anyone knows the SOP into conducting sting
      operations (specifically Broward County if possible). I have a client
      in a difficult situation and I am trying to assist him but I am ONLY
      aware of USAF military SOP's and OSI and would like feedback into if
      local police or if anyone knows BSO's SOP's when conducting
      stings using informants."

      It seems obvious that the Police used an informant to run a "sting operation" on an unsuspecting suspect. It seems obvious that the Police did not wire the informant for audio or video. And it seems obvious that the person that the informant was communicating with was charged with some sort of a crime and Mr. Epstein is assisting with his defense.

      So, okay what if Broward County has an SOP for conducting "sting operations" and part of that SOP was to wire all informants that are participating in these operations for audio? And what if the BCSD did NOT wire up their informant this particular time? And what if BCSD Deputy "Danny Dog" gets right up on the stand and says "we are supposed to wire all informants participating in these "sting operations" for audio per BCSD SOP; but this time we just decided not to?

      Does that detract from the evidence they do have? No. They still have the testimony of the informant. Does not following BCSD SOP create any reasonable doubt? I don't think so. How would it? Sure it does show that the BCSD could have done a better job, but it does not negate the evidence the Prosecution DOES have, we must remember that with regard to testimony "the credibility of the witness is solely within the province of the Jury, they can choose to believe some, all, or none of the witnesses testimony". A court or a Jury is not going to be all that concerned with why certain internal procedures at the BCSD were not followed when the result does not negatively impact the evidence that the Prosecution DOES have. Now, if there were some question as to evidence being corrupted due to mishandling, I could understand wanting to know what the evidence handling procedures are at the BCSD. But here from what I can gather, this does not appear to be the case. The case will still be decided on the weight of the evidence that the Prosecution does have.

      It would seem to me that the most appropriate course of action is to first determine who the informant is (1) If the informant is going to testify, then the defense has every right to know who the informant is (2) if the informant is not going to testify, then if would seem to me that the Prosecution does not have much of a case; unless there is some exception to the hearsay rule that allows Police Officers to present hearsay evidence, that I am not aware of? Second, conduct a very thorough background investigation on the informant if he or she is going to testify (3) depose the informant and (4) the defense attorney should be working very hard on using every scrap of information that the Private Investigator found in his or her background investigation and every statement that the informant made in deposition to discredit the informant when he or she cross examines the informant.

      Now I have seen a need to examine Police Department Policy Manuals often enough; for possible evidence mishandling issues, improper arrest procedures that resulted in a possible civil rights violation (I have one of those now, and even have a blog up about it: http://bit.ly/gWP1j9), and other such issues. In this case, from what little I can gather this approach seems pointless, and it seems time consuming, which also means that it is "money consuming".

      Of course though, I should reiterate that this is my opinion based on what little information we have been able to see from Mr. Epstein's post. I should also say it is certainly his case, he is far more familiar with the details to this case than we are. And Mr. Epstein is certainly entitled to work his cases any way he sees fit.

      Just my opinion, AGAIN BASED ON THE INFORMATION THAT HAS BEEN MADE AVAILABLE TO US ALL. I know that even though I have written that three (3) times, somebody is going to say "but we don't know all of the details to this case" or something similar!


      Ricky Gurley.



      --
      Risk Management Research & Investments, Inc. & Thoth Data Systems
      Agency License Number: 2011001124
      Private Investigator License Number: 2011001072

      Mailing Address: 2101 W. Broadway PMB 326, Columbia, MO. 65203
      Office Address: 1 E. Broadway Suite Z, Columbia, MO. 65203

      Direct Office Number: (573) 234-6876
      Office Phone: (573) 234-4647 Ext. 110
      Car Phone: (573) 529-0808
      Cell Phone: (573) 529-4476
      Toll Free Phone: (888) 571-0958
      Toll Free Fax: (877) 795-9800
      EMERGENCY LINE: (573) 234-4871

      RMRI, Inc. Websites
      (1) http://www.rmriinc.com
      (2) http://rmriinc.bestcyberinvestigator.com

      RMRI, Inc. Blogs
      (1) http://rmriinc.blogspot.com/index.html
      (2) http://rmriincspace.spaces.live.com/
    • Bob Hrodey
      ... [big old snippety snip here] ... Bingo... Weight of the evidence! Officer Narco? You ve testified on direct examination that it is SOP to wire for audio
      Message 2 of 8 , Jan 26, 2011
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        On 1/26/2011 12:41 AM, RickyG wrote:
        > Which way to go for what? In my personal opinion, BASED ON WHAT LITTLE INFORMATION MR. EPSTEIN HAS ALLOWED US TO HAVE, I think the whole process of obtaining an SOP Manual in this case is a waste of somebody's time and money... Let me explain..
        >

        [big old snippety snip here]


        > So, okay what if Broward County has an SOP for conducting "sting operations" and part of that SOP was to wire all informants that are participating in these operations for audio? And what if the BCSD did NOT wire up their informant this particular time? And what if BCSD Deputy "Danny Dog" gets right up on the stand and says "we are supposed to wire all informants participating in these "sting operations" for audio per BCSD SOP; but this time we just decided not to?
        >
        > Does that detract from the evidence they do have? No. They still have the testimony of the informant. Does not following BCSD SOP create any reasonable doubt? I don't think so. How would it? Sure it does show that the BCSD could have done a better job, but it does not negate the evidence the Prosecution DOES have, we must remember that with regard to testimony "the credibility of the witness is solely within the province of the Jury, they can choose to believe some, all, or none of the witnesses testimony". A court or a Jury is not going to be all that concerned with why certain internal procedures at the BCSD were not followed when the result does not negatively impact the evidence that the Prosecution DOES have. Now, if there were some question as to evidence being corrupted due to mishandling, I could understand wanting to know what the evidence handling procedures are at the BCSD. But here from what I can gather, this does not appear to be the case. The case will still be decided on the weight of the evidence that the Prosecution does have.
        >

        Bingo... Weight of the evidence!

        "Officer Narco? You've testified on direct examination that it is SOP
        to wire for audio and/or video record every undercover buy in which an
        informant is used. Yet, when this informant is used to ensnare my
        client we have only the word of this informant who, as we know, is
        "working off a problem of his own", correct?" Just what is it that was
        said that you didn't want this jury to hear? You had plenty of time to
        wire up that car!"

        Anything the defense can throw up as being out of the ordinary course of
        action, will raise (or be used to raise) red flags.

        "When the law is on your side, pound the law!; when the fact's are on
        your side, pound the facts!; when nothing is else is going for you,
        POUND THE TABLE!"

        Remember always that he's not trying to prove him innocent, he's trying
        to inject reasonable doubt.

        --
        Enjoy,

        /Bob/
        ________________________________________________________________
        Hrodey & Associates Established 1977
        Post Office Box 366 Member of NALI, ASIS, FBINAA,
        NAPPS
        Woodstock, IL 60098-0366 NCISS, & P.A.W.L.I.
        Licensed in IL & WI (815) 337-4636 Voice
        337-4638 Fax
        email: inquiry@... or rth@...
        Illinois License 115-000783 Wisconsin 8045-063


        [Non-text portions of this message have been removed]
      • RickyG
        ... But Bob, an SOP Manual is not Law........ That is part of my point... There is nothing in the world other than that manual that says that the Police have
        Message 3 of 8 , Jan 26, 2011
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          --- In infoguys-list@yahoogroups.com, Bob Hrodey <rth@...> wrote:

          > "When the law is on your side, pound the law!; when the fact's are on
          > your side, pound the facts!; when nothing is else is going for you,
          > POUND THE TABLE!"


          But Bob, an SOP Manual is not Law........ That is part of my point... There is nothing in the world other than that manual that says that the Police have to conduct a sting a certain way. The manual is not law, it is internal departmental guidelines, probably best called "administrative". And the Chief can change policy on a whim if he so chooses to..

          "Officer Narco? You've testified on direct examination that it is SOP
          to wire for audio and/or video record every undercover buy in which an informant is used. Yet, when this informant is used to ensnare my
          client we have only the word of this informant who, as we know, is
          "working off a problem of his own", correct?" Just what is it that was said that you didn't want this jury to hear? You had plenty of time to wire up that car!"

          That does not give me reasonable doubt, Bob. It does tell me that the BCSD did not do all that good of a job. EVEN if the Officer said in response "Well, I was talking to the informant about the many different ways that we might be able to frame the suspect if this did not work". Okay. So are you saying that this alone tilts the scales in favor of the defendant, Bob? It doesn't make me stand up and do the "reasonable doubt dance", Bob. It DOES make me say "Wow, what an unprofessional group of Police Officers". But it is not going to make most people say "The cops are unprofessional so let's let the bad guy walk". I can tell you, from watching Juries here it would not give a Jury here reasonable doubt either. Most Juries have to see something that is compelling or gives them pause to start doubting the Prosecution's case. Going outside of the Policy Manual is really not all that compelling.

          Here in Columbia, MO. it is Sheriff's Department Policy to record all interviews in the interview room at the Boone County Sheriff's Department. Do you know how many times a Deputy has just gotten on the stand and simply said "our recording equipment was not working that day"? NUMEROUS, happened in a 2001 case that I worked where Gene Harmon was charged with Sexual Assault. Nobody cared, I have never seen one defendant beat a case because of that. Most attorneys here don't even bring that up anymore if they don't get an audio and/or video file of the interview in discovery.

          Again, I don't care if Mr. Epstein gets 10 Policy Manuals and 20 Expert Witnesses, it is his case. I just don't think I'd be spending my time on that, as much as I would be trying to find something to discredit the informant with. In my opinion, there are two risks here, one minor and one not so minor (1) wasting time on something that will not be effective instead of spending time on the things that will be effective and (2) spending the client's money on something that is not likely to yield results. Of course though, the latter risk is mitigated if you can convince your poor client that you know more about investigative work than he does and this was necessary as he is getting on the bus to go serve 5 years at the state prison.....

          In my opinion, the end result of the case will tell me how well the P.I. did in a criminal defense case. If the defendant was found not guilty, I give some kudos to the P.I. because he helped the Defense Attorney get that verdict. If the Prosecution offers an outrageously sweet deal, I give even more credit to the P.I. because more than likely he found something that made the prosecution doubt their case, of course though there are cases where you have "Dumb Clients" that think they can beat the case and get away Scott free, nobody can control that. But if there are no sweet deals and the client gets "slammed" by the Prosecution, I wonder if the case could have been better worked. If it happens MANY times with the same P.I. working the case, I wonder about the quality of the P.I.'s work.

          On a side note, in Arlie Nole's case he was facing a total of 21 years, on 3 seven year felonies. Two "Maintaining a Nuisance" charges and one Felony Possession charge. After we started working that case, the Prosecution came to him with a deal, the Prosecutor offered to drop the two felony Maintaining a Nuisance charges, plead the Felony Possession down to a misdemeanor, no jail time, unsupervised probation for one year, after the successful completion of his probation SIS the case (would not have been on the record). I BEGGED him to take that deal. I told him that the risk was to great to fight this in court. Nope, he thought he could beat it and walk out free. He is now in the Missouri Department of Corrections for 7 years (he'll be out this year, since he is a first time offender). Can't do anything about "Dumb Clients".......


          Ricky Gurley.



          --
          Risk Management Research & Investments, Inc. & Thoth Data Systems
          Agency License Number: 2011001124
          Private Investigator License Number: 2011001072

          Mailing Address: 2101 W. Broadway PMB 326, Columbia, MO. 65203
          Office Address: 1 E. Broadway Suite Z, Columbia, MO. 65203

          Direct Office Number: (573) 234-6876
          Office Phone: (573) 234-4647 Ext. 110
          Car Phone: (573) 529-0808
          Cell Phone: (573) 529-4476
          Toll Free Phone: (888) 571-0958
          Toll Free Fax: (877) 795-9800
          EMERGENCY LINE: (573) 234-4871

          RMRI, Inc. Websites
          (1) http://www.rmriinc.com
          (2) http://rmriinc.bestcyberinvestigator.com

          RMRI, Inc. Blogs
          (1) http://rmriinc.blogspot.com/index.html
          (2) http://rmriincspace.spaces.live.com/
        • Bob Hrodey
          ... I agree, Rick, but you missed or I failed to convey MY point on the issue of injecting reasonable doubt. The defense is free to take issue with any
          Message 4 of 8 , Jan 26, 2011
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            RickyG, wrote the following at or about 1/26/2011 9:49 AM:
            > --- In infoguys-list@yahoogroups.com, Bob Hrodey<rth@...> wrote:
            >
            >> "When the law is on your side, pound the law!; when the fact's are on
            >> your side, pound the facts!; when nothing is else is going for you,
            >> POUND THE TABLE!"
            >
            > But Bob, an SOP Manual is not Law........ That is part of my point... There is nothing in the world other than that manual that says that the Police have to conduct a sting a certain way. The manual is not law, it is internal departmental guidelines, probably best called "administrative". And the Chief can change policy on a whim if he so chooses to..

            I agree, Rick, but you missed or I failed to convey MY point on the
            issue of injecting reasonable doubt. The defense is free to take issue
            with any deviation from the norm in these cases. It just makes it
            easier when that norm is in any way codified by statute, regulation,
            SOP, General Orders, Best Practices based upon expert testimony, etc.

            Just because they "violate" or deviate from the SOP in this case does
            not mean that the game is over, only that there was, for some reason, a
            deviation from the norm.

            That is what the defense will pound on and that is where, if he's good,
            he's going to obtain some questions arising in the mind of the jurors.
            It probably will not be enough to give him reasonable doubt for I find
            that is typically a cumulative thing rather than black & white like a
            security videotape of a 5' tall black male shooting the victim and your
            defendant is a 6'7" white male basketball player<g>.

            It's CUMULATIVE, add to the deviation from policy or past practices,
            argue the hell out of that, then move on to the fact (hopefully) that
            the informant has a track record that won't be found in the NCAA stats
            and, perhaps, in the last three buys that he has been involved in there
            was AUDIO/VIDEO. Now maybe some heads on that jury will start to turn.

            --

            Enjoy,

            /Bob/
            ________________________________________________________________
            Hrodey & Associates Established 1977
            Post Office Box 366 Member of NALI, ASIS, FBINAA,
            NAPPS
            Woodstock, IL 60098-0366 NCISS, & P.A.W.L.I.
            Licensed in IL & WI (815) 337-4636 Voice
            337-4638 Fax
            email: inquiry@... <mailto:inquiry@...> or
            rth@... <mailto:rth@...>
            Illinois License 115-000783 Wisconsin 8045-063



            [Non-text portions of this message have been removed]
          • RickyG
            ... I just don t see it, Bob. I m sorry, I wish I could believe that deviating from the Policy Manual in this case IF it is SOP to record all sting operations
            Message 5 of 8 , Jan 26, 2011
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              --- In infoguys-list@yahoogroups.com, Bob Hrodey <rth@...> wrote:

              > It's CUMULATIVE, add to the deviation from policy or past practices,
              > argue the hell out of that, then move on to the fact (hopefully) that
              > the informant has a track record that won't be found in the NCAA stats
              > and, perhaps, in the last three buys that he has been involved in there
              > was AUDIO/VIDEO. Now maybe some heads on that jury will start to turn.


              I just don't see it, Bob. I'm sorry, I wish I could believe that deviating from the Policy Manual in this case IF it is SOP to record all sting operations would make any difference at all. But, I just honestly don't see it. I don't think your typical, hard working, clean criminal history, honest to goodness Juror is going to look at this issue like you or I would. Now, I am not saying that I would not be wondering why Broward County deviated from the SOP IF it was SOP to record these stings. What I AM saying is that while I would wonder about it, and while I might be saying "something more than what I am being told went on here"; it would not make me say "Okay something is odd, I am going to let the bad guy go because something just does not feel right". And most Jurors will think along those lines, if it even occurs to them that something just might seem a little odd here.

              But more than likely there is not even going to be any hard and fast rule for recording these sting operations.

              And GOD I hate to do this, and Bob I know you HATE me doing this even more than I hate doing this. But more than likely what Mr. Epstein will find in the Policy Manual will be something like this:
              -----------------------------------------------------------------------
              DAVIE POLICE DEPARTMENT
              GENERAL ORDER
              SUBJECT: SURVEILLANCE, UNDERCOVER, & GENERAL ORDER NO. 660
              DECOY OPERATIONS
              RESCINDS: G.O. 660 issued 05/10/2004 ISSUE DATE: 11/29/2006
              AUTHORIZING SIGNATURE: Chief Patrick Lynn EFFECTIVE DATE: 11/29/2007
              660.1 PURPOSE
              The purpose of the policy is to establish guidelines for Surveillance, Undercover, and/or Decoy Operations to assure that critical decisions are made at appropriate levels of authority.
              660.2 POLICY

              The Davie Police Department is committed to the investigation and arrest of persons involved in criminal activity. Covert investigative methods assist in identifying suspects involved in illicit activities. Due to the inherent risks associated with surveillance, undercover and decoy operations, guidelines are necessary to ensure the safety of the involved officers and the public, and the overall success of the operation.

              660.3 DEFINITIONS Covert Operations – An operation conducted to avoid detection, which is divulged only to those directly involved in the investigation. Decoy Operation – An operation in which a sworn member poses as a potential victim. Surveillance – Close observation of a person, location, or thing.

              660.4 SURVEILLANCES
              A. Surveillance: may involve a simple, periodic check on a stationary subject or location or the continuous long-term observation of persons, places, or things to obtain information. Surveillances are useful for the purposes of:
              1. Observing or following a targeted subject or associates;
              2. Locating subjects;
              3. Gathering intelligence on ongoing illegal activities;
              5. Securing probable cause and information on premises for search warrant;
              6. Protecting undercover operations; and,
              7. Preventing crime.
              B. Investigators should consider the following when planning a surveillance:
              1. Officer safety issues (including the wearing of body armor or tactical vests);
              2. The use of an operations plan;
              3. Legal Issues should be addressed in consultation with the State Attorney's Office, when necessary;
              4. Use of technological surveillance equipment such as audio/video recording devices, bugging devices, and tracking devices.
              C. The Bureau/Division Commander shall be made aware of all pre-planned surveillance, undercover, or decoy operations conducted by personnel assigned to their respective areas. Review of the operations plan and authorization is required from the Bureau/Division Commander or designee prior to the operation being conducted.
              D. It will be the responsibility of the coordinating supervisor to have an analysis performed of various crimes and their victims, and to identify probable offenders, habits, associates, vehicles, methods of operation and any other pertinent information. Background information, such as personal/criminal history and locations frequented will be gathered on identified probable offender(s).
              E. Prior to a surveillance, undercover, or decoy operation, an operations plan shall be prepared by the lead officer/detective or supervisor involved addressing or identifying the following:
              1. One supervisor will be designated as the coordinator and command the operation.
              2. All participants will be identified.
              3. Upon approval of the operations plan and prior to the application, the objectives and details of the operation will be provided to all participants. All participants will be briefed by the case agent or coordinating supervisor and shall familiarize themselves with the identity of the suspect, the suspect's vehicles, and the neighborhood or target area. Any provisions regarding the contact with the suspect or "take-down" shall be determined in advance when possible. "Take-down" and "distress" signals and the timing of arrests should also be pre-determined when possible.

              4. All participants will have an opportunity to ask questions and/or address any concerns.
              5. Participants will be supplied with "Investigative funds", when needed in accordance with the General Order governing Investigative Funds.
              6. Appropriate surveillance or unmarked vehicles and equipment will be utilized. (Electronic surveillance of a telephone or within a residence will be in conformance with F.S. 934.)
              7. A means of routine and emergency communication will be established between participants via hand-held radios, mobile telephones, or other means. Routine and emergency radio channels will be pre-designated.
              8. The supervisor should be kept advised of all ongoing surveillance operations. In long term operations, the supervisor will arrange for relief personnel, as needed. The coordinating supervisor will maintain close supervision over any ongoing operations and will continually monitor all related radio communications.
              9. The on-duty patrol supervisor responsible for the target area will be advised of the operation when appropriate.
              10. Upon arrival of operatives at the target location, the location will be confirmed by the lead case agent or those personnel with direct knowledge of the target area.
              11. If the surveillance extends beyond the agency's jurisdiction, outside agencies will be notified, as needed.
              12. All personnel will be notified when the surveillance is terminated.
              13. A debriefing with all participants will be conducted as required by the operations plan.
              14. All surveillance operations will be documented utilizing proper operations plan forms, after action reports, memorandums, and offense incidents reports as required.
              660.5 UNDERCOVER & DECOY OPERATIONS
              Certain investigations require undercover or decoy operations. When such an operation is warranted, all provisions of 660.4 governing Surveillances apply along with the following:
              A. Coordinating supervisors will be aware of all details of the operation and shall maintain constant, close and direct supervision over the operation to ensure that Department guidelines are followed.
              B. Victims, crimes, and crime locations will be analyzed to determine appropriate locations, disguises, and methods for conducting the operation and for maximum safety to operatives.
              C. The neighborhood or target where operatives will work will be analyzed to determine appropriate locations and cover for the safety of participants.
              D. Participants will be chosen from those who best fit the requirements of the particular investigation. Factors to consider when selecting members include the following:
              1. Ability to infiltrate and remain in the target area;
              2. Familiarity with procedures, culture, and language associated with the target area; as well as,
              3. Ability to establish rapport with offenders.
              E. Specific operations plans will be made for suspect contact. Operations plans will designate the roles and responsibilities of participating members including but not limited to: back-up, decoys, disguised personnel, "take-down" teams and other resources to ensure officer safety in the event the suspect is arrested,
              armed, or becomes physically violent. The location, proximity to innocent persons, and light conditions are some factors which should be considered.
              F. Upon approval of the operations plan by the Bureau/Division Commander and prior to the application, the objectives and details of the operation will be provided to all participants. All participants will be briefed by the case agent or coordinating supervisor and shall familiarize themselves with the identity of the suspect, the suspect's vehicles, and the neighborhood or target area.
              G. All participants will have an opportunity to ask questions and/or address any concerns.
              H. Undercover and decoy operatives will be provided backup security during all operations.
              I. Provisions for routine and backup emergency communications will be determined in advance, i.e., hand held radio, body bug, mobile telephone, etc.
              J. The coordinating supervisor shall make a request for Fire Rescue personnel to stand-by in the area of the target location in advance of the operation when appropriate and contingent on availability. Participating members shall immediately request Fire Rescue to respond whenever there is any need for medical assistance during the operation by participants, target subjects, or other bystanders.
              K. A debriefing with all participants will be conducted as required by the operations plan or appropriate Department supervisor in charge.
              L. All undercover/decoy operations will be documented utilizing proper operations plan forms, after action reports, memorandums, and offense incidents reports as required.
              660.6 FALSE IDENTIFICATION AND CREDENTIALS
              A. Department members shall protect the identity of officers engaged in covert operations and shall not intentionally expose their identity or occupation; and shall not reveal any knowledge of covert operations to members of the public. Members shall not initiate any public contact with any member who is knowingly assigned to covert operations whether on or off duty. Department members shall wait for the undercover officer to initiate acknowledgement or recognition.
              B. Sworn Officers/Detectives will be supplied with appropriate identification or other credentials, as needed, utilizing the following procedures:
              1. As a function of the role and responsibility of the Special Investigations Unit, Detectives assigned to S.I.U. may need to obtain false identification for their protection and/or in the furtherance of ongoing undercover operations.
              2. The S.I.U. supervisor shall provide direction to subordinate members and oversee the process for acquiring false identification. Any member requiring a false identification, shall submit a memo through their chain of command to the Chief of Police providing a reason for the request and accompanied by any other necessary paperwork.
              3. A Fictitious License Request Form shall be completed and submitted to the Department of Highway Safety and Motor Vehicles. Department members
              shall adhere to any and all regulations as governed by the Department of Highway Safety and Motor Vehicles. Department members possessing a fictitious identification shall ensure that it remains valid and is updated prior to expiration.
              4. The S.I.U. supervisor shall ensure that any fictitious identifications which have been issued to subordinate members are appropriately closed out upon transfer of the member or conclusion of the undercover operation for which it was created.
              5. Copies of all paperwork related to the creation of fictitious identification shall be maintained by the S.I.U. supervisor until the records become obsolete, are superseded, or have lost administrative value. The records shall then be forwarded to the Professional Compliance Unit for archiving.
              C. S.I.U. supervisors and detectives participating in regional, state, or federal task forces shall receive official credentialing pertaining to their respective assignment. Assigned members shall adhere to all rules and regulations as governed by Memorandums of Understanding (MOU's) or other agreements made between the Davie Police Department and the task force or other governmental institution.
              660.7 USE OF SURVEILLANCE EQUIPMENT
              A.The surveillance and undercover equipment will be maintained under the control of the designated Investigations Services Division Supervisor.
              B. This S.I.U. supervisor will be responsible for the maintenance and issuance of all surveillance/undercover equipment.
              1. All equipment must be returned within twenty-four (24) hours of issuance (excluding weekends and holidays), unless the S.I.U. supervisor approves a longer period of time.
              2. The Detective or other sworn member using the equipment is responsible for its care. Before using any equipment, the personnel must be trained and knowledgeable of its operation.
              3. When any equipment needs repair or replacement, the S.I.U. supervisor will take the necessary initiative through their chain of command.
              C. Any equipment that is to be loaned to outside agencies must first be authorized by a S.I.U. supervisor.
              D. The Department Surveillance Vehicle(s) are assigned to the Investigative Services Division to be utilized on covert operations. The Investigative Services Commander or designee shall control the authorization and usage of the Department Surveillance Vehicle(s). No one will utilize this vehicle without the prior consent of the Investigative Services Division Commander or designee. Personnel utilizing the vehicle(s) must be trained on the use of the electronic equipment and other special devices contained within. The make, model, and type of vehicle are confidential and restricted to personnel who are involved in surveillance operationsas directed by the Investigative Services Division Commander.
              ----------------------------------------------------------------------

              And I don't see anything in that entire section that makes it a hard and fast rule that these sting operations have to be recorded.

              That was the closest I could find to Broward County, I believe Davie, Florida is in Broward County; that manual even mentions the Broward County Sheriff's Office in Policies that require Davie, Florida and Broward County to coordinate and work together..

              Mr. Epstein can download and view the entire manual here:
              http://rmri.no-ip.org

              Go to: RMRI DMS - Then look for the link: "Login as guest" under the log in boxes and click it - then click the link: "RMRI Public DMS" - Then click the link: "Documents" - Then click the link "Law Enforcement Manuals" - Then Click the link "Davie Florida Police Policy Mnaual 2007" and he is there. It may be a good start for him....


              Ricky Gurley.


              --
              Risk Management Research & Investments, Inc. & Thoth Data Systems
              Agency License Number: 2011001124
              Private Investigator License Number: 2011001072

              Mailing Address: 2101 W. Broadway PMB 326, Columbia, MO. 65203
              Office Address: 1 E. Broadway Suite Z, Columbia, MO. 65203

              Direct Office Number: (573) 234-6876
              Office Phone: (573) 234-4647 Ext. 110
              Car Phone: (573) 529-0808
              Cell Phone: (573) 529-4476
              Toll Free Phone: (888) 571-0958
              Toll Free Fax: (877) 795-9800
              EMERGENCY LINE: (573) 234-4871

              RMRI, Inc. Websites
              (1) http://www.rmriinc.com
              (2) http://rmriinc.bestcyberinvestigator.com

              RMRI, Inc. Blogs
              (1) http://rmriinc.blogspot.com/index.html
              (2) http://rmriincspace.spaces.live.com/
            • Jesse Watson
              Regardless of whether or not this is the case departmental policies do not carry the weight of law. As long as the officers did not violate Existing
              Message 6 of 8 , Jan 26, 2011
              • 0 Attachment
                Regardless of whether or not this is the case departmental policies do not
                carry the weight of law. As long as the officers did not violate

                Existing laws/statutes the most they could possibly face would be department
                level discipline.

                I can tell you that in my background in LE that very few cases fit neatly
                into manual procedures and exigent circumstances requiring

                "out of the box" thinking will manifest themselves almost every time.

                A good department, barring blatant misconduct on the officers part, will
                stand behind the arrest and their officers rendering any attempt at using
                "non-sop"

                as a basis for reasonable doubt futile.





                Jesse Watson



                Risk Management Research and Investments, Inc.

                Missouri PI License Number: 2011001785



                Phone: 417-664-1789

                email: angryangel@...







                From: infoguys-list@yahoogroups.com [mailto:infoguys-list@yahoogroups.com]
                On Behalf Of RickyG
                Sent: Wednesday, January 26, 2011 11:34 AM
                To: infoguys-list@yahoogroups.com
                Subject: [infoguys-list] Re: (Investigator-NotesR) Questions into SOP
                (Standard Op...





                --- In infoguys-list@yahoogroups.com
                <mailto:infoguys-list%40yahoogroups.com> , Bob Hrodey <rth@...> wrote:

                > It's CUMULATIVE, add to the deviation from policy or past practices,
                > argue the hell out of that, then move on to the fact (hopefully) that
                > the informant has a track record that won't be found in the NCAA stats
                > and, perhaps, in the last three buys that he has been involved in there
                > was AUDIO/VIDEO. Now maybe some heads on that jury will start to turn.

                I just don't see it, Bob. I'm sorry, I wish I could believe that deviating
                from the Policy Manual in this case IF it is SOP to record all sting
                operations would make any difference at all. But, I just honestly don't see
                it. I don't think your typical, hard working, clean criminal history, honest
                to goodness Juror is going to look at this issue like you or I would. Now, I
                am not saying that I would not be wondering why Broward County deviated from
                the SOP IF it was SOP to record these stings. What I AM saying is that while
                I would wonder about it, and while I might be saying "something more than
                what I am being told went on here"; it would not make me say "Okay something
                is odd, I am going to let the bad guy go because something just does not
                feel right". And most Jurors will think along those lines, if it even occurs
                to them that something just might seem a little odd here.

                But more than likely there is not even going to be any hard and fast rule
                for recording these sting operations.

                And GOD I hate to do this, and Bob I know you HATE me doing this even more
                than I hate doing this. But more than likely what Mr. Epstein will find in
                the Policy Manual will be something like this:
                ----------------------------------------------------------
                DAVIE POLICE DEPARTMENT
                GENERAL ORDER
                SUBJECT: SURVEILLANCE, UNDERCOVER, & GENERAL ORDER NO. 660
                DECOY OPERATIONS
                RESCINDS: G.O. 660 issued 05/10/2004 ISSUE DATE: 11/29/2006
                AUTHORIZING SIGNATURE: Chief Patrick Lynn EFFECTIVE DATE: 11/29/2007
                660.1 PURPOSE
                The purpose of the policy is to establish guidelines for Surveillance,
                Undercover, and/or Decoy Operations to assure that critical decisions are
                made at appropriate levels of authority.
                660.2 POLICY

                The Davie Police Department is committed to the investigation and arrest of
                persons involved in criminal activity. Covert investigative methods assist
                in identifying suspects involved in illicit activities. Due to the inherent
                risks associated with surveillance, undercover and decoy operations,
                guidelines are necessary to ensure the safety of the involved officers and
                the public, and the overall success of the operation.

                660.3 DEFINITIONS Covert Operations - An operation conducted to avoid
                detection, which is divulged only to those directly involved in the
                investigation. Decoy Operation - An operation in which a sworn member poses
                as a potential victim. Surveillance - Close observation of a person,
                location, or thing.

                660.4 SURVEILLANCES
                A. Surveillance: may involve a simple, periodic check on a stationary
                subject or location or the continuous long-term observation of persons,
                places, or things to obtain information. Surveillances are useful for the
                purposes of:
                1. Observing or following a targeted subject or associates;
                2. Locating subjects;
                3. Gathering intelligence on ongoing illegal activities;
                5. Securing probable cause and information on premises for search warrant;
                6. Protecting undercover operations; and,
                7. Preventing crime.
                B. Investigators should consider the following when planning a surveillance:
                1. Officer safety issues (including the wearing of body armor or tactical
                vests);
                2. The use of an operations plan;
                3. Legal Issues should be addressed in consultation with the State
                Attorney's Office, when necessary;
                4. Use of technological surveillance equipment such as audio/video recording
                devices, bugging devices, and tracking devices.
                C. The Bureau/Division Commander shall be made aware of all pre-planned
                surveillance, undercover, or decoy operations conducted by personnel
                assigned to their respective areas. Review of the operations plan and
                authorization is required from the Bureau/Division Commander or designee
                prior to the operation being conducted.
                D. It will be the responsibility of the coordinating supervisor to have an
                analysis performed of various crimes and their victims, and to identify
                probable offenders, habits, associates, vehicles, methods of operation and
                any other pertinent information. Background information, such as
                personal/criminal history and locations frequented will be gathered on
                identified probable offender(s).
                E. Prior to a surveillance, undercover, or decoy operation, an operations
                plan shall be prepared by the lead officer/detective or supervisor involved
                addressing or identifying the following:
                1. One supervisor will be designated as the coordinator and command the
                operation.
                2. All participants will be identified.
                3. Upon approval of the operations plan and prior to the application, the
                objectives and details of the operation will be provided to all
                participants. All participants will be briefed by the case agent or
                coordinating supervisor and shall familiarize themselves with the identity
                of the suspect, the suspect's vehicles, and the neighborhood or target area.
                Any provisions regarding the contact with the suspect or "take-down" shall
                be determined in advance when possible. "Take-down" and "distress" signals
                and the timing of arrests should also be pre-determined when possible.

                4. All participants will have an opportunity to ask questions and/or address
                any concerns.
                5. Participants will be supplied with "Investigative funds", when needed in
                accordance with the General Order governing Investigative Funds.
                6. Appropriate surveillance or unmarked vehicles and equipment will be
                utilized. (Electronic surveillance of a telephone or within a residence will
                be in conformance with F.S. 934.)
                7. A means of routine and emergency communication will be established
                between participants via hand-held radios, mobile telephones, or other
                means. Routine and emergency radio channels will be pre-designated.
                8. The supervisor should be kept advised of all ongoing surveillance
                operations. In long term operations, the supervisor will arrange for relief
                personnel, as needed. The coordinating supervisor will maintain close
                supervision over any ongoing operations and will continually monitor all
                related radio communications.
                9. The on-duty patrol supervisor responsible for the target area will be
                advised of the operation when appropriate.
                10. Upon arrival of operatives at the target location, the location will be
                confirmed by the lead case agent or those personnel with direct knowledge of
                the target area.
                11. If the surveillance extends beyond the agency's jurisdiction, outside
                agencies will be notified, as needed.
                12. All personnel will be notified when the surveillance is terminated.
                13. A debriefing with all participants will be conducted as required by the
                operations plan.
                14. All surveillance operations will be documented utilizing proper
                operations plan forms, after action reports, memorandums, and offense
                incidents reports as required.
                660.5 UNDERCOVER & DECOY OPERATIONS
                Certain investigations require undercover or decoy operations. When such an
                operation is warranted, all provisions of 660.4 governing Surveillances
                apply along with the following:
                A. Coordinating supervisors will be aware of all details of the operation
                and shall maintain constant, close and direct supervision over the operation
                to ensure that Department guidelines are followed.
                B. Victims, crimes, and crime locations will be analyzed to determine
                appropriate locations, disguises, and methods for conducting the operation
                and for maximum safety to operatives.
                C. The neighborhood or target where operatives will work will be analyzed to
                determine appropriate locations and cover for the safety of participants.
                D. Participants will be chosen from those who best fit the requirements of
                the particular investigation. Factors to consider when selecting members
                include the following:
                1. Ability to infiltrate and remain in the target area;
                2. Familiarity with procedures, culture, and language associated with the
                target area; as well as,
                3. Ability to establish rapport with offenders.
                E. Specific operations plans will be made for suspect contact. Operations
                plans will designate the roles and responsibilities of participating members
                including but not limited to: back-up, decoys, disguised personnel,
                "take-down" teams and other resources to ensure officer safety in the event
                the suspect is arrested,
                armed, or becomes physically violent. The location, proximity to innocent
                persons, and light conditions are some factors which should be considered.
                F. Upon approval of the operations plan by the Bureau/Division Commander and
                prior to the application, the objectives and details of the operation will
                be provided to all participants. All participants will be briefed by the
                case agent or coordinating supervisor and shall familiarize themselves with
                the identity of the suspect, the suspect's vehicles, and the neighborhood or
                target area.
                G. All participants will have an opportunity to ask questions and/or address
                any concerns.
                H. Undercover and decoy operatives will be provided backup security during
                all operations.
                I. Provisions for routine and backup emergency communications will be
                determined in advance, i.e., hand held radio, body bug, mobile telephone,
                etc.
                J. The coordinating supervisor shall make a request for Fire Rescue
                personnel to stand-by in the area of the target location in advance of the
                operation when appropriate and contingent on availability. Participating
                members shall immediately request Fire Rescue to respond whenever there is
                any need for medical assistance during the operation by participants, target
                subjects, or other bystanders.
                K. A debriefing with all participants will be conducted as required by the
                operations plan or appropriate Department supervisor in charge.
                L. All undercover/decoy operations will be documented utilizing proper
                operations plan forms, after action reports, memorandums, and offense
                incidents reports as required.
                660.6 FALSE IDENTIFICATION AND CREDENTIALS
                A. Department members shall protect the identity of officers engaged in
                covert operations and shall not intentionally expose their identity or
                occupation; and shall not reveal any knowledge of covert operations to
                members of the public. Members shall not initiate any public contact with
                any member who is knowingly assigned to covert operations whether on or off
                duty. Department members shall wait for the undercover officer to initiate
                acknowledgement or recognition.
                B. Sworn Officers/Detectives will be supplied with appropriate
                identification or other credentials, as needed, utilizing the following
                procedures:
                1. As a function of the role and responsibility of the Special
                Investigations Unit, Detectives assigned to S.I.U. may need to obtain false
                identification for their protection and/or in the furtherance of ongoing
                undercover operations.
                2. The S.I.U. supervisor shall provide direction to subordinate members and
                oversee the process for acquiring false identification. Any member requiring
                a false identification, shall submit a memo through their chain of command
                to the Chief of Police providing a reason for the request and accompanied by
                any other necessary paperwork.
                3. A Fictitious License Request Form shall be completed and submitted to the
                Department of Highway Safety and Motor Vehicles. Department members
                shall adhere to any and all regulations as governed by the Department of
                Highway Safety and Motor Vehicles. Department members possessing a
                fictitious identification shall ensure that it remains valid and is updated
                prior to expiration.
                4. The S.I.U. supervisor shall ensure that any fictitious identifications
                which have been issued to subordinate members are appropriately closed out
                upon transfer of the member or conclusion of the undercover operation for
                which it was created.
                5. Copies of all paperwork related to the creation of fictitious
                identification shall be maintained by the S.I.U. supervisor until the
                records become obsolete, are superseded, or have lost administrative value.
                The records shall then be forwarded to the Professional Compliance Unit for
                archiving.
                C. S.I.U. supervisors and detectives participating in regional, state, or
                federal task forces shall receive official credentialing pertaining to their
                respective assignment. Assigned members shall adhere to all rules and
                regulations as governed by Memorandums of Understanding (MOU's) or other
                agreements made between the Davie Police Department and the task force or
                other governmental institution.
                660.7 USE OF SURVEILLANCE EQUIPMENT
                A.The surveillance and undercover equipment will be maintained under the
                control of the designated Investigations Services Division Supervisor.
                B. This S.I.U. supervisor will be responsible for the maintenance and
                issuance of all surveillance/undercover equipment.
                1. All equipment must be returned within twenty-four (24) hours of issuance
                (excluding weekends and holidays), unless the S.I.U. supervisor approves a
                longer period of time.
                2. The Detective or other sworn member using the equipment is responsible
                for its care. Before using any equipment, the personnel must be trained and
                knowledgeable of its operation.
                3. When any equipment needs repair or replacement, the S.I.U. supervisor
                will take the necessary initiative through their chain of command.
                C. Any equipment that is to be loaned to outside agencies must first be
                authorized by a S.I.U. supervisor.
                D. The Department Surveillance Vehicle(s) are assigned to the Investigative
                Services Division to be utilized on covert operations. The Investigative
                Services Commander or designee shall control the authorization and usage of
                the Department Surveillance Vehicle(s). No one will utilize this vehicle
                without the prior consent of the Investigative Services Division Commander
                or designee. Personnel utilizing the vehicle(s) must be trained on the use
                of the electronic equipment and other special devices contained within. The
                make, model, and type of vehicle are confidential and restricted to
                personnel who are involved in surveillance operationsas directed by the
                Investigative Services Division Commander.
                ----------------------------------------------------------

                And I don't see anything in that entire section that makes it a hard and
                fast rule that these sting operations have to be recorded.

                That was the closest I could find to Broward County, I believe Davie,
                Florida is in Broward County; that manual even mentions the Broward County
                Sheriff's Office in Policies that require Davie, Florida and Broward County
                to coordinate and work together..

                Mr. Epstein can download and view the entire manual here:
                http://rmri.no-ip.org

                Go to: RMRI DMS - Then look for the link: "Login as guest" under the log in
                boxes and click it - then click the link: "RMRI Public DMS" - Then click the
                link: "Documents" - Then click the link "Law Enforcement Manuals" - Then
                Click the link "Davie Florida Police Policy Mnaual 2007" and he is there. It
                may be a good start for him....

                Ricky Gurley.

                --
                Risk Management Research & Investments, Inc. & Thoth Data Systems
                Agency License Number: 2011001124
                Private Investigator License Number: 2011001072

                Mailing Address: 2101 W. Broadway PMB 326, Columbia, MO. 65203
                Office Address: 1 E. Broadway Suite Z, Columbia, MO. 65203

                Direct Office Number: (573) 234-6876
                Office Phone: (573) 234-4647 Ext. 110
                Car Phone: (573) 529-0808
                Cell Phone: (573) 529-4476
                Toll Free Phone: (888) 571-0958
                Toll Free Fax: (877) 795-9800
                EMERGENCY LINE: (573) 234-4871

                RMRI, Inc. Websites
                (1) http://www.rmriinc.com
                (2) http://rmriinc.bestcyberinvestigator.com

                RMRI, Inc. Blogs
                (1) http://rmriinc.blogspot.com/index.html
                (2) http://rmriincspace.spaces.live.com/





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