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Most Wanted
Interpretations
Criminal Intelligence
51.1.1
If the agency
performs an intelligence function, procedures must be established to ensure
the legality and integrity of its operations, to include:
a. procedures for
ensuring information collected is limited to criminal conduct and relates to
activities that present a threat to the community;
b.
descriptions of the types or quality of information that
may be included in the system;
c.
methods for purging out-of-date or incorrect information; and
d.
procedures for the utilization of intelligence personnel and
techniques.
Commentary: The intent of this standard is to establish agency accountability
for the criminal intelligence function in writing. The
function should be developed and operated to effectively meet the agency's
needs. Placement of the function within the organizational
structure is addressed by standard 11.1.1.
Proving compliance with this standard may be accomplished through a
series of documents or a single, all-inclusive directive.
For this standard, the agency has
several options. First, this function may be an extension
of the criminal investigation function (Chapter 42). In
this case, functional responsibility and position accountability can simply be
described in the C.I.D. directive(s). On the other hand,
the agency may wish to assign this function with its vice, drug and/or
organized crime control function(s) (Chapter 43). In this
case, the description of functional responsibility may be addressed within
those directives. The placement of this function within
the organizational structure is optional but carries with it the
responsibility for complying with the standards in this chapter.
Intelligence activities are important in all agencies, regardless of size.
Certain essential activities should be accomplished by an intelligence
function, to include a procedure that permits the continuous flow of raw data
into a central point from all sources; a secure records system in which
evaluated data are properly cross-referenced to reflect relationships and to
ensure complete and rapid retrieval; a system of analysis capable of
developing intelligence from both the records system and other data sources;
and a system for dissemination of information to appropriate components.
The intelligence activities should include information gathering,
analysis, and dissemination to the appropriate functions/components.
Activities undertaken in the intelligence effort should avoid
indiscriminate collection or distribution of information.
Training in the safe, effective and legal use of specialized intelligence
equipment is required prior to personnel using the equipment.
All use should be carefully documented. This
equipment may include audio and/or visual monitoring equipment, night vision
equipment, and specially designed surveillance vehicles.
If the agency maintains a
confidential fund for intelligence activities, control and management of the
fund should comply with all applicable standards in Chapter 17.
(M M M M)
Standards that start
with the words If, When, or, In the absence of, are known as
“conditional” standards. The applicability of conditional standards is based on
the conditions that exist within the agency. Standard 51.1.1 is a conditional
standard, applicable only when the agency performs a criminal intelligence
function. This does not mean the agency must have a criminal intelligence
component within the agency; it simply means the agency performs the function.
To determine whether the
agency is performing the criminal intelligence function, read the
glossary term for criminal intelligence, and carefully read the commentary to
the standard. Criminal Intelligence is the act of converting information
from a variety of sources into enforcement strategies, priorities, policies, or
investigative tactics regarding specific crimes, suspects, or criminal
organizations; it is not the mere compilation of data.
Some agencies are
erroneously classifying standard 51.1.1 as not applicable by function. As
mentioned in the commentary, criminal intelligence is an extension of the
criminal investigation function. If the agency has responsibility for the
criminal investigation function, it follows that it will have responsibility for
the criminal intelligence function. It is also likely that if responsibility
for criminal investigation rests with another agency within the agency’s
jurisdiction, the criminal intelligence function will also rest with that
agency. Sometimes this responsibility may be split. For example, a small
agency may have responsibility for the investigation of minor crimes, while
responsibility for the investigation of major crimes or organized criminal
activity falls within the purview of a regional task force or another agency
having concurrent jurisdiction. In many cases, task forces or other agencies
deal only with specific parts of the criminal intelligence function. This may
require the agency to maintain the remainder of the function. In either case,
the agency should have sound policies and procedures on how criminal
intelligence information is collected, safeguarded, relayed to the appropriate
authority, securely stored, disseminated, and purged.
Criminal intelligence
policies should be developed even if the agency rarely is involved with the
criminal intelligence function. This will help ensure agency effectiveness and
provide legal defensibility for the manner in which the information is treated.
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