HOMELAND SECURITY & INTELLIGENCE (HSI) SECTION

Transcription

1 HOMELAND SECURITY & INTELLIGENCE (HSI) SECTION INDEX CODE: 605 EFFECTIVE DATE: Contents: I. Policy II. Purpose III. Definitions IV. Administration V. Operations VI. Terrorism & Suspicious Activity Reporting VII. Training VIII. Annual Review of Procedures and Processes IX. Proponent Unit X. Cancellation I. POLICY The Anne Arundel County Police Department will diligently seek to identify the existence, nature and scope of criminal activity by any person, group, or organization operating within Anne Arundel County. Intelligence information gathered by the Anne Arundel County Police Department will be crime-related, mission-related and subject to the strictest standards of verification. The Homeland Security & Intelligence (HSI) Section will ensure the proper collection, evaluation, storage and dissemination of criminal intelligence information. All activities of the Homeland Security & Intelligence Section will be conducted in a manner which respects the privacy and constitutional rights of all individuals regardless of race, age, color, religion, national origin or ancestry, sex, gender, disability, veteran status, genetic information, sexual orientation, gender identity or expression. II. PURPOSE The purpose of this directive is to establish the duties and responsibilities of the HSI Section pertaining to the criminal intelligence function, homeland security activities and to establish guidelines for intelligence gathering for the entire police department. III. DEFINITIONS Within this Index Code the following definitions shall apply: A. CRIMINAL ACTIVITY: Person, group or organization that advocates, supports, or encourages the violation of any Federal, State, or Local Criminal Law that prohibits acts of terrorism, racketeering activity, as defined in 18 U.S.C. 1961, violence, extortion, destruction of property, intimidation, harassment, obstruction of justice, or fraud. (Excluding traffic violations.) B. CRIMINAL INTELLIGENCE INFORMATION: Information regarding an individual, group or organization which has been evaluated and is reasonably suspected of criminal activity. C. COVERT INVESTIGATION: Infiltration of, or attempt to infiltrate a group or organization in a manner that conceals the identity of the law enforcement agency or the identity of an officer or agent of the law enforcement agency. This definition excludes the use of plainclothes officers or employees for crowd control and public safety purposes at public events. Anne Arundel County Police Department Written Directive 1

2 D. FIRST AMENDMENT ACTIVITIES: Activities involving constitutionally protected speech or association; or conduct related to freedom of speech, free exercise of religion, freedom of the press, the right to assemble, or the right to petition the government. E. INTELLIGENCE SYSTEM: The arrangements, equipment, facilities, and procedures used for the receipt, storage, inter-agency exchange or dissemination, and analysis of criminal intelligence information. F. REASONABLE, ARTICULABLE SUSPICION: When information exists that establishes sufficient facts to give a trained law enforcement officer, investigator, or employee a basis to believe that there is a reasonable possibility an individual, group or organization is involved in a definable criminal activity or enterprise. G. LAW ENFORCEMENT SENSITIVE (LES): Sensitive, but unclassified information and reports intended for the law enforcement community based on a need to know and right to know basis. H. FOR OFFICAL USE ONLY (FOUO): Sensitive, but unclassified information and reports intended for individuals and/or entities based on a need to know and right to know basis, (i.e., Detention Center, DPSCS, etc.) IV. ADMINISTRATION A. Intelligence Function 1. The HSI Section is assigned to the Bureau of Operations and Investigations. 2. Members of the HSI Section will be primarily responsible for developing intelligence and subsequently produce products that will promote officer safety, homeland security and terrorism awareness/prevention, provide insight concerning threat groups, and support the department s Intelligence-led policing investigative function. 3. The HSI Section will through legal means leverage all available government and private resources to gain and share criminal intelligence. Some resources utilized by the HSI Section include the Regional Information Sharing Systems (RIIS), INTERPOL, Law Enforcement Online (LEO), Homeland Security Information Network (HSIN), Middle Atlantic-Great Lakes Organized Crime Law Enforcement Network (MAGLOCLEN), and the National Criminal Intelligence Sharing Plan (NCISP). 4. The HSI Section seeks to balance public safety, public access, and privacy, in its operations. In order to accomplish this, the HSI Section will utilize the Privacy Guidelines for Justice Information Systems as a resource tool. B. Objectives 1. The HSI Section shall provide liaison, coordination, and resource assistance in the collection, storage, exchange, dissemination and analysis of criminal intelligence information in ongoing investigations or prosecution activities relating to specific areas of criminal activity. 2. The HSI Section will provide tactical and strategic criminal intelligence information to all officers in order to increase operational effectiveness. The strategic planning unit will also provide mapping capabilities to enhance the intelligence function. 3. The HSI Section in conjunction with other department components will disseminate information on organized crime and criminal enterprises in Anne Arundel County. This includes identification and projection of major changes in crime trends that may require adjustments in resource allocation. 4. The HSI Section will be responsible for maintaining liaison with federal, state and local criminal justice agencies for the purpose of facilitating an exchange of intelligence information. 2 Anne Arundel County Police Department Written Directive

3 C. Criminal Activity Focus The primary focus of the HSI Section is to ensure the legality and integrity of its operations by collecting and investigating information that is limited to criminal conduct or relates to activities that present a threat to the community. Such criminal activities can include: 1. Terrorist Groups/Individuals 2. Racial/Anti-Semitic activity 3. Civil Disturbances 4. Subversive/Extremist Groups/Individuals 5. Criminal Gang Activity 6. Government/Political Corruption 7. Homeland Security Threats/Incidents V. OPERATIONS A. Section Organization 1. Homeland Security & Counter Terrorism Unit a. FBI Joint Terrorism Task Force (JTTF) b. Maryland Coordination & Analysis Center (MCAC) c. Homeland Security Squad d. Federal Document & Benefits Fraud Task Force (DBFTF) 2. Criminal Intelligence & Violent Offender Enforcement Unit a. FBI Safe Streets Gang Task Force b. Gang Squad c. Violent Offender (VPI) Squad d. Crime Analyst B. Receiving and Processing Complaints & Information 1. All members of the department are in a position to gather information that could potentially lead to valuable criminal intelligence. Subsequently, all departmental personnel are required to forward all documentable information pertaining to suspected suspicious activity and/or specific officer safety information to the HSI Section within a timely manner. Specifically, supervisors will ensure that the HSI Section is briefed by telephone or by the end their shift; as well as ensuring copies of all applicable written reports are forwarded to the HSI Section within a timely manner. 2. Information will also be developed by HSI Detective(s) through all legal means in accordance with departmental policies and procedures. 3. Depending on the information and available personnel, any information requiring further investigation will be assigned to a HSI investigator. Leads will be pursued and/or investigative actions will be taken until suspects are charged or the investigation is inactivated by the HSI Section Supervisor. 4. Information which is deemed to be intelligence will be analyzed, classified and filed. 5. All complaints received and investigated will be maintained in a separate file within the HSI Section. 6. Information received from another law enforcement agency will be appropriately recorded as such, processed accordingly, and feedback will be provided to the source agency as appropriate. Anne Arundel County Police Department Written Directive 3

4 C. Case Assignments 1. The accuracy and credibility of initial information and the scope and importance of the problem relative to complaints of illegal activities will be reviewed by HSI Section personnel before a commitment is made to an extended investigation. 2. Investigations of varied circumstances come to the attention of the HSI Section from diverse sources. 3. There are three (3) ways in which investigations are initiated: a. Information received from departmental personnel. b. Investigators acting in a covert capacity under the supervision of the HSI Section Supervisor. c. Information received from other sources to include, but not limited to, other law enforcement agencies, allied agencies, citizens, and open sources. 4. The HSI Section Supervisor will maintain a case log which documents the case investigator, case number, date assigned, source reliability, content validity, target information, case status, and anticipated purge date. D. Investigative Actions 1. When a complaint is assigned for investigation, preliminary investigative steps, including contacting potential witnesses, contacting other agencies, collecting available evidence, and using surveillance techniques, may be used to verify the complaint. 2. When the case is developing, follow-up actions will be used to continue the investigative process. HSI Investigators are to report the investigation progress to their supervisor once a week. The Commander of the Bureau of Operations & Investigations will be briefed regularly on active investigations. E. Information Safeguarding, Storage and Retrieval System 1. The Intelligence System (any formal or informal system to manage data gathering, to obtain and process the data, to interpret the data, and to provide reasoned judgments to decision makers as a basis for action,) shall be kept in a secure location, separate from all other records, within the Bureau of Operations & Investigations. The Intelligence System shall be under the direct control of the HSI Section and managed by the HSI Section Supervisor and Commander. 2. The Intelligence System will be operated utilizing the Law Enforcement Intelligence Unit (LEIU) recommended standards as a resource and for development of best practices. 3. Access to the HSI Section will be limited to personnel based on a right to know and need to know standard. Only members of the HSI Section and select command personnel as designated by the Chief of Police will have key card access to the facility. All sensitive information and intelligence will be stored within the facility in a manner that will ensure it is only accessible by approved personnel. F. Information Submission Criteria 1. HSI personnel shall collect and maintain criminal intelligence information concerning an individual or group if there is reasonable, articulable suspicion that the individual or group is involved in criminal conduct and the information is relevant to that criminal conduct. 2. HSI Section personnel shall not collect or maintain information solely about political or religious beliefs, ideologies and associations of a person, group or organization, on the basis that such person(s) supports unpopular causes, merely on the basis of ethnicity or race, age, color, religion, national origin or ancestry, sex, gender, disability, veteran status, genetic information, sexual orientation, gender identity or expression or non-criminal 4 Anne Arundel County Police Department Written Directive

5 habits; unless there is a reasonable articulable suspicion that the person, group or organization advocates, supports or encourages criminal activity. 3. HSI Section personnel may not conduct a covert investigation of a person, group or organization engaged in First Amendment activities unless the Chief, or the Chief s designee, makes a written finding in advance, or as soon as practicable, that the covert investigation is justified based on reasonable, articulable suspicion that the person, group or organization is planning or engaged in criminal activity, and a less intrusive method of investigation will not provide satisfactory results. 4. An investigation involving First Amendment activities shall be terminated when logical leads have been exhausted, or no legitimate law enforcement objective justifies the continuance of the investigation. 5. The HSI Section is responsible for establishing the existence of reasonable, articulable suspicion of criminal activity through the examination of supporting information submitted to the Section. To ensure that the democratic process is not subverted, the department will comply with the U.S. Code of Federal Regulation Guidelines found in 28CFR, Part The HSI Section shall not include in the Intelligence System any information that has been obtained in violation of any applicable federal, state, or local law or ordinance. Persons entered into the Intelligence System shall be identified by available unique identifying characteristics, such as: a. Full name, aliases, address, date of birth, physical description; b. Place of birth, citizenship; c. Social Security Number, employment; d. Driver s license number, Criminal Identification Number; e. Modus Operandi, violence potential; f. Criminal offenses; g. Criminal associates. 7. Information submissions should also include the following: a. Date of submission; b. Submitting agency name; and c. Submitting officer name. G. Labeling of Information Information retained in the Intelligence System shall be labeled for source reliability and content validity prior to entry. H. Source Reliability The reliability of the source is rated based on the consistency of the information the source provides. The source shall be evaluated according to the following: 1. Reliable: The reliability of the source has been well tested in the past. 2. Usually Reliable: The reliability of the source can usually be depended upon. 3. Unreliable: The reliability of the source has been sporadic in the past. 4. Unknown: The reliability of the source cannot be judged; authenticity or trustworthiness has not yet been determined by either experience or investigation. Anne Arundel County Police Department Written Directive 5

6 I. Content Validity The validity of information based on the accuracy or truth of the information. The validity of information shall be rated as follows: (may use any combination) 1. Confirmed: The information has been corroborated by an investigator or another reliable independent source. 2. Probable: The information is consistent with past accounts. 3. Doubtful: The information is inconsistent with past accounts. 4. Cannot be Judged: The information cannot be judged. Its authenticity has not yet been determined by either experience or investigation. 5. Unknown: Information maintained in the Intelligence System may be labeled using any combination of the above designations, except for Unknown for Source Reliability and Cannot be Judged for Content Validity. This combination does not meet reasonable suspicion criteria. J. Dissemination Level Information retained in the Intelligence System will be cataloged to indicate the degree to which it should be kept confidential in order to protect sources, investigations, and the individual s right to privacy. Classification also dictates the internal approval process which must be completed prior to dissemination of the information to personnel outside of the department. Examples of the levels of dissemination are: 1. Confidential: Information pertaining to law enforcement cases currently under investigation, corruption (police/government officials), and informant identification information. 2. Sensitive: Criminal Intelligence reports that refer to organized crime or terrorism and publications obtained through HSI Section channels that are not deemed to be confidential. 3. Restricted: Reports, that on an earlier date, were classified confidential or sensitive and the need for high security no longer exists AND non-sensitive reports published by local law enforcement agencies. K. Access Rights 1. For system administration and maintenance purposes, HSI Section investigative and analytical personnel, the HSI Section Commander and the HSI Section Supervisor will have access to all information regardless of the dissemination level. 2. Telephone, , and facsimile requests for criminal intelligence information will be addressed only after the requester s level of authorization is determined. If online electronic access is allowed, confirmation may be through the use of passwords or other security devices. In the event of telephone inquiries, release of the intelligence information shall be made on a call-back basis only after verification of the identity of the requesting law enforcement officer or official can be determined. L. Inquiry Procedures 1. Inquiries may not be made by any officer without reasonable suspicion of criminal activity. 2. Any member with a legitimate operational need may initiate an inquiry of the Intelligence System, but information will only be disseminated to authorized personnel. 6 Anne Arundel County Police Department Written Directive

7 3. Inquiries to the Intelligence System shall be submitted to the HSI Section. Requests may be submitted by any available means. M. Dissemination of Information Procedures 1. The HSI Section shall disseminate intelligence information only when there is a need-to-know and right-to-know for the information in the performance of a public safety function. All non-verbal criminal information disseminated will be labeled Law Enforcement Sensitive (LES) and/or For Official Use Only (FOUO). a. Right-To-Know The individual has the official capacity and statutory authority to receive the information. b. Need-To-Know The information is pertinent and necessary for the individual in initiating, furthering, or completing an investigation. 2. No product produced by the HSI Section that is marked Law Enforcement Sensitive (LES) and/or For Official Use Only (FOUO) may be disseminated to a third party without the expressed consent of either the Chief of Police or Assistant Chief, or the Commander of the Bureau of Operations & Investigations or his/her designee. Individuals seeking guidance concerning the further use and dissemination of said information should contact the HSI Section. N. Dissemination Record 1. A record is required when information is disseminated from the Intelligence System database, including information released to another law enforcement agency. The record shall contain the following information: a. Date of dissemination; b. Name of individual requesting information; c. Name of agency requesting information; d. Reason for release of information (need to know/right to know); e. Information provided to requester; and f. Name of HSI Section detective disseminating the information. 2. This record may be created automatically by the database, or policies and procedures may be implemented to handle the audit trail/dissemination record manually. O. Review and Purge Procedures 1. Information retained in the Intelligence System must be reviewed and validated annually for continuing compliance with Intelligence System submission criteria. 2. The HSI Section Supervisor will be responsible for reviewing all intelligence cases to ensure compliance with these procedures. All new cases shall be reviewed within thirty (30) days and annually thereafter. All information that does not meet the submission and retention criteria will be purged from the Intelligence System. 3. All files must be reviewed and validated for continuing compliance with Intelligence System submission criteria within a five (5) year retention period. Any information not validated within that period must be purged from the Intelligence System. 4. All purged intelligence files will be expunged by or under the direct supervision of the HSI Section Supervisor in accordance with all departmental procedures. 5. All purged files will be documented in the case file log. Anne Arundel County Police Department Written Directive 7

8 P. Responsibility of Anne Arundel County Police Department personnel 1. The intelligence process begins with the collection of information from a variety of sources. All members of the Anne Arundel County Police Department are in a position to gather information that could potentially lead to valuable criminal intelligence. Subsequently, all Anne Arundel County Police Department personnel are required to forward all documentable information pertaining to suspected suspicious activity, specific officer safety information, and criminal activity enumerated in this Index Code to the HSI Section within a timely manner. Notifications of intelligence information may be made via the ARS Reporting System by choosing the HML1 in the report routing area, Field Interview Reports, through emergency communications, suspicious activity reporting web page or by ing the HSI Section supervision. Specifically, supervisors will ensure that the HSI Section is briefed by telephone for urgent matters/call outs or for non-urgent matters by the commander s report at the end of their shift; as well as ensuring copies of all applicable written reports are forwarded via ARS Reporting System to the HSI Section within a timely manner. B. The department recognizes the need for certain other specialized units to maintain intelligence files to enhance their mission (Major Crimes Section, Special Enforcement Section, etc.). Commanding officers of these units will maintain liaison with the HSI Section Supervisor to determine the need to share information and prevent duplication of data. These units will strictly adhere to the guidelines set forth in this directive VI. Terrorism & Suspicious Activity Reporting The Anne Arundel County Police Department, in conjunction with other Maryland law enforcement agencies, has joined the federal government in forming the Maryland Joint Terrorism Task Force (MJTTF). The MJTTF is comprised of local, state, and federal agencies that work jointly to investigate terrorism matters throughout Maryland. The MJTTF constitutes one statewide central investigating and coordinating entity whose purpose is to prevent terrorism. A. Non urgent homeland security/terrorism matters; information and suspicious activity will be documented on an Incident Report and forwarded to the HSI Section via the ARS reporting System. In urgent matters, the HSI Section Supervisor should be contacted immediately. The Communications Section will maintain the HSI Section Supervisor s contact information. The HSI Section Supervisor will then contact the task force officer and make him/her aware of the information. The HSI Section will respond to and coordinate investigative efforts regarding matters of homeland security and terrorism. B. After the HSI Section Supervisor is made aware of homeland security/terrorism matters, the HSI Section Supervisor will contact the Maryland Coordination and Analysis Center (MCAC) at or TIPS (8477) or mdwatch@leo.gov. A copy of the Incident Report will be ed or faxed to MCAC at C. Citizens and Department personnel may report suspicious activity by using the Anne Arundel County Police webpage click on online forms and then Report Suspicious Activity Form. D. The HSI Section will work with our community utilizing social media, community meetings and bulletins to provide terrorism awareness, prevention and reporting procedures. Early reporting employing If you see something, say something will be encouraged by educating and communicating with our citizens and businesses. VII. TRAINING The HSI Section will provide entry level and periodic refresher training to all agency personnel as coordinated with the Training Academy. Training shall include: collecting, processing and sharing of suspicious information and intelligence relating to criminal, suspicious and homeland security activities. Training will emphasize to all personnel, regardless of their position, that they have a role in criminal intelligence and sharing of information. Training will be accomplished through annual in service, roll call, training bulletins and HSI Section hosted training seminars. 8 Anne Arundel County Police Department Written Directive

9 VIII. ANNUAL REVIEW OF PROCEDURES AND PROCESSES The HSI Section Supervisor will conduct an annual documented review of all applicable directives and standard operating procedures related to suspicious incidents, criminal intelligence, and homeland security activities. The review shall include all related processes to promote efficiency and ensure agency wide practices are in compliance with all applicable local, state, and federal laws. A copy of the report shall be furnished to the Chief of Police, through official channels. IX. PROPONENT UNIT: Homeland Security and Intelligence Section. X. CANCELLATION: This directive cancels Index Code 605, dated Anne Arundel County Police Department Written Directive 9