0660.33 Confidential Informant Use

0660.33, Confidential Informant Use  

Refer: 
•    ORS 161.275, Entrapment
•    ORS 181A.250, Specific information not to be collected or maintained
•    DIR 0310.00, Conduct, Professional
•    DIR0313.10, Gratuities, Gifts, and Rewards
•    DIR 0660.00, Management of Criminal Intelligence Files
•    DIR0660.30, Evidence Funds Use 
•    DIR 0660.32, Confidential Informant Authorization, Funds, and File Management 
•    Informant Packet

Definitions:
•    Confidential Informant (CI): A person who actively participates in a criminal or intelligence operation under the direct supervision of a member (e.g., by furnishing information), for consideration, and with a reasonable expectation of confidentiality.  

Policy:
1.    This directive establishes procedures for effectively using Confidential Informants (CIs) and for managing the CI Program.

2.    The Portland Police Bureau recognizes that informants can significantly enhance certain investigations by providing intelligence or evidence that is otherwise difficult to obtain. While CIs can be useful, misconduct or improper management can undermine CI use and potentially compromise an investigation and/or the CI's safety and confidentiality.

3.    Accordingly, consistent, strict adherence to procedure and the highest levels of accountability are essential to the success of the CI Program.

Procedure:     
1.    Confidential Informant Program and Training.
1.1.    The Narcotics and Organized Crime Unit (NOC) Manager shall manage and supervise the CI Program and authorize all Bureau CIs.

1.2.    Members shall receive CI Program training before using CIs.

1.3.    NOC shall be responsible for CI Program training, and the Training Division shall maintain a list of Bureau members who have completed the training.

1.4.    Directive 0660.32, Confidential Informant Authorization, Funds, and File Management, governs how the Bureau authorizes and pays CIs and establishes the CI Program File Management System.

2.     Member Responsibilities.
2.1.    Members shall treat CIs as assets of the Bureau, not the individual member.

2.2.    Members shall not use CIs without NOC Manager authorization.

2.3.    Members shall not engage in personal, social, business, or sexual relationships with CIs.

2.4.    Members shall not accept gifts or gratuities from CIs.  
2.4.1.    If a member must accept a gift for safety or confidentiality purposes, the member shall document the circumstances and place the gift or gratuity in the Property Room.

2.5.    Members shall not meet CIs alone without prior supervisor approval.

2.6.    Members shall pay CIs and document their use in accordance with Directives 0660.32, Confidential Informant Authorization, Funds, and File Management and 0660.30, Evidence Funds Use.

2.7.    Members shall conduct a monthly RegJIN records check of their CI's true name to determine if the CI has had any recent unreported contact with law enforcement (e.g., an arrest).
2.7.1.    Members shall immediately notify their supervisor of any CI's unreported contact with law enforcement.

2.8.    Members shall immediately notify their supervisor of any CI conduct indicating unreliability and/or ineffectiveness and document the conduct in a memorandum.

2.9.    Members shall document any non-financial consideration offered or provided to a CI in an inter-office memorandum and place the memorandum in the CI's true name file.

2.10.    Members shall maintain strict confidentiality regarding CI identities. Only the NOC Manager may approve and coordinate the release of a CI's identity pursuant to a court order.

2.11.    Members shall not use CIs to gather information purely of a political nature or for other information-gathering efforts that are not connected with a criminal investigation.

2.12.    Members shall attempt to corroborate information provided by CIs and document their efforts to do so.

2.13.    Members shall attempt to avoid conveying any confidential information to CIs, such as the identity of other CIs, surveillance activities, or search warrants, other than what is necessary and appropriate for operational purposes.

2.14.    Members shall develop and follow a communications and operations plan with the CI that minimizes the risk of discovery and protects the CI's identity and safety.  

3.    General Expectations for CIs.
3.1.    CIs are not law enforcement officers, have no arrest powers, and are not permitted to take police action.  

3.2.    CIs found engaging in any illegal activity beyond what the Bureau authorizes and supervises face arrest and prosecution.

3.3.    CIs shall not engage in actions or activities that could be deemed entrapment. Members shall explain the meaning of entrapment and its implications to their CIs.

3.4.    CIs may be directed to wear listening and/or recording devices.

3.5.    CIs shall submit to a search before and after a controlled purchase.

3.6.    CIs who participate in unplanned or unanticipated activities or meet with a subject under investigation in another jurisdiction shall promptly report that activity or meeting to their assigned Bureau member.

4.    CI Review. 
4.1.    Supervisors shall continuously review CI reliability and productivity.

4.2.    Supervisors shall not allow members to use CIs who are ineffective and/or unreliable and shall temporarily suspend the use of any CI reported as ineffective and/or unreliable.

4.3.    Supervisors of different units using the same CI shall confer at least monthly and more frequently, as needed, to assess investigator control and CI performance.

4.4.    The following CI conduct shall initiate supervisory review:
4.4.1.    Untruthfulness on significant issues, especially related to an investigation.
4.4.2.    Taking the same case to different units or agencies with the purpose of obtaining a better pay off (case shopping).
4.4.3.    Engaging in criminal behavior.
4.4.4.    Failing to maintain contact with the case member or being repeatedly unreliable.
4.4.5.    Chronic intoxication or appearing to be under the influence of any drug.
4.4.6.    Theft of evidence money or withholding drugs from an evidence buy.
4.4.7.    Using their position for personal gain or identifying themselves as a police officer.
4.4.8.    Violating any provision of the liability waiver or CI contract.
4.4.9.    Any other act which seriously impairs the CI's credibility or manageability.
4.4.10.    Chronically non-performing (e.g., buys bunk [counterfeit drugs] or is unable to buy drugs).

4.5.    Supervisors shall report any problematic CIs they recommend for proposed termination to the NOC Manager for final review regarding reliability and termination.

5.    Terminating CIs. 
5.1.    The NOC Manager shall make the final determination regarding CI reliability based on the totality of the circumstances and shall report all terminated unreliable CIs to the Western States Information Network (WSIN).

6.    Special CI Approval – Juvenile CIs.
6.1.    Using juvenile (17 years old and under) CIs requires the following:
6.1.1.    Approval from the Chief of Police or their designee; 
6.1.2.    Approval from the assigned Prosecutor; and
6.1.3.    Written consent from the juvenile and their parent or guardian, or court order.

Effective:        04/08/2026
Next Review:  04/08/2028