While officers have discretion in initiating and conducting an investigation, certain offenses can lend themselves to accusations of wrong-doing against officers involved. For that reason, any arrests or investigations involving vice offenses (i.e., drugs, prostitution, gambling) should be reported to the division commander at the earliest possible moment.

Any employee of the department who receives either complaints or information pertaining to vice, drugs, or organized crime activity will forward such information to the Support Services Division Commander and Lieutenant, as appropriate. This information will then be assigned to for further investigation.

The original incident report and supplemental information pertaining to active investigations of vice, drugs, and organized crime activity will be securely filed, with limited access to authorized persons only.

Information not necessitating an incident report will be recorded and securely filed, with limited access to authorized persons only.

The Support Services Division Commander and Lieutenant will have access to aggregate information on all complaints pertaining to vice, drugs, and organized crime activity. For each complaint, this secured database will record:

• The nature of the complaint
• The complainant, if known
• The assigned detective, if any
• Any information conveyed to and received from other law enforcement agencies
• Whether the complaint was substantiated

The decision to investigate complaints and violations concerning vice, drugs, and organized crime will be based on the following criteria:

• Validity of the original information
• Criminal nature of the complaint or violation
• Importance of the problem
• Quality of information available
• Investigative technique to be employed
• Resources necessary to conduct the investigation
• Operational problems that exist or may arise

All Vice/Narcotics files are considered confidential, and detectives should take care to protect the security of the records.

The unit maintains its own files, and personnel will follow these procedures:

1. Detectives will maintain a case file on each case assigned for investigation. The assigned detective will maintain a file to ensure it contains all records of the investigation, including statements of witnesses and suspects, results of examinations of physical evidence, case status reports, and other reports and records relevant to the investigation. When the assigned detective closes or inactivates the case, he will forward the file to the records section where it will be filed with other departmental records. One copy of the original cases will be maintained and secured in the Support Services Division. Prosecution summaries will be filed in the records section.
2. The copies of case files will be located in the Support Services Division and will be kept in secured file cabinets, which will be locked when the files are not being used. The files must not be left where they are accessible to unauthorized persons.
3. Due to the sensitivity of these records, access to the case files is limited to vice/narcotics personnel. Personnel from other divisions who need information from the files may get the information on a need-to-know basis.
4. The Support Services Division Commander or Lieutenant may approve the release of information to officers from other agencies on a need-to-know basis.
5. Copies of case files will generally be maintained in the Support Services Division for a period of five years and then they are shredded.
6. All narcotic investigations will be entered into the Narcotics Management System (NMS) and exported to Records Management System (RMS). All vice/narcotics cases will be restricted as "Secured" to ensure confidentiality of the person(s) involved in the investigation. Access to to NMS and the records contained in the RMS will be limited to authorized personnel.

The following procedures are intended to ensure that the credibility and integrity of the officers assigned to vice/narcotics are constantly maintained. Each detective who arrests an individual is responsible for creating an individual arrestee information folder containing the following information:

1. Photograph of arrested person
2. Arrest Report
3. Case Report
4. Supplementary Report
5. Surveillance Information
6. Vehicle Inventory
7. Copy of Complaint
8. Search Warrant w/copy of Seized Inventory Log
9. Lab Report
10. Criminal History
11. Prosecution Summary
12. Copy of Evidence Analysis

The Vice/Narcotic Unit Supervisor is responsible for periodically reviewing the folders to ensure that they are complete, accurate, and properly updated. This procedure is designed to help detectives have complete information for court, and to help protect them from allegations of compromising investigations.

There is no one investigative procedure which will apply in all cases; however, the following guidelines should help detectives in routine investigations.

Surveillance

Surveillance can be defined as secretly and continuously watching persons, vehicles, places or objects to obtain information concerning activities and identities of individuals. Often times, surveillance is the only investigative method available to identify the sources, couriers, and recipients of narcotics, narcotics stashed, and the individuals in an operation.

There are three main types of surveillance:

1. Moving surveillance where the detective follows the subject on foot or in a vehicle.
2. Stationary surveillance where the detective continuously watches a person, place, or object from a fixed point.
3. Photographic surveillance is used to identify persons, violations of law, or to provide evidence of violations of law or to illustrate the testimony of the surveillance officer.

Controlled Drug Purchases

Controlled drug purchases are primarily used for obtaining search warrants. A satisfactory identification of the violator should be obtained, if possible, before the officer attempts a controlled purchase.

In order to establish reliability, an informant should make a controlled purchase of controlled substances. This purchase should be made before the detective uses information from the informant in an application for a search warrant. After the informant has made the controlled purchase, he may be considered a reliable informant. The fact that he has seen controlled substances in a particular place (in a house or vehicle, on a person, etc.) should be sufficient information for the detective to use in the application for a search warrant.

When using informants for controlled purchases, the detective must properly document the informant according to departmental procedures. (See the Informant Control section in this manual). When using an informant for a controlled purchase, detectives will use the following procedures:

1. Thoroughly search the informant prior to making a controlled purchase, and the search will be made in the presence of another officer. The only money in the informant's possession will be the official advance funds. The informant will not have any controlled substances in his possession before the controlled purchase, and may not have any type of firearm in his possession.
2. Once the informant has been searched, the detective must visually observe the informant up to the point where the purchase is made, if possible. When manpower allows, detectives should keep all entrances and exits under surveillance at the time of the controlled purchase in order to safeguard the physical well-being of the informant and to corroborate testimony in court at a later date.
3. After the purchase, the detective must visually observe the informant from the point of exit until the detective receives the purchased substance. The detective should conduct another thorough search of the informant in the presence of a witness. Again, detectives will comply with this whenever manpower allows.
4. Handle any physical evidence taken as a result of a controlled purchase in the same manner as all controlled substance contraband.
5. Obtain a complete description of the premises and an exact address for future reference in obtaining a search warrant.
6. Never allow an informant to consume or keep any of the contraband substances.

Direct Purchases

Detectives will use the following procedures to purchase controlled substances directly from a violator.

1. If an informant is used for introductions, he must be documented according to the standard informant procedure.
2. The detective should make every effort to use the informant solely for introductions. The detective should advise the informant in advance not to participate in the purchase conversation, and not to handle the money or controlled substances. If possible, the informant should not witness the transaction at all. If the informant does anything other than the introduction, his status can change from that of confidential informant to becoming a witness who may have to testify in open court.
3. If the detective does not intend to arrest the violator at the time of the initial purchase, he must get a satisfactory description and address of the violator so that he can arrest the suspect in the future.
4. In most cases, the detective will make at least two purchases before getting arrest warrants for the violator. This is helpful in showing the court that the violator is a dealer.
5. Whenever there is a possibility of recovering State money, the detective will make photocopies of the serial number on the bills before spending them in a buy.
6. After the detective has possession of the controlled substance, he will not return any of the drugs to the suspect unless his safety is jeopardized.

Other Sources

Other sources of information are readily available to detectives and should be used on a regular basis. These include:

1. Criminal Histories:
   • Local
   • NCIC
2. City Directory
3. Telephone Directory
4. Court Records
5. Probation and Parole Records
6. Utilities:
   • Water and Sewer
   • Phone Companies (including court approved toll records)
   • Electric Companies
7. Postal Services – Mail Covers
8. Division of Motor Vehicles
9. Other Law Enforcement Agencies
10. County Tax Records
11. Real Estate Records

Undercover vehicles assigned to the Vice/Narcotics Unit are to be used for surveillance and undercover assignments. Any other use of an undercover vehicle must be approved by a supervisor. The confidentiality of these vehicles must be maintained at all times.

The following rules apply to the use of undercover vehicles:

1. Officers will not use undercover vehicles for making apprehensions or transporting prisoners unless there is a definite threat to an officer's safety.
2. At the end of each assignment, the officer will park his vehicle in a designated parking area.
3. No undercover vehicle will be parked with less than one-half tank of gasoline at the end of the assignment.
4. The assigned officer is responsible for cleaning out any trash in the vehicle and leaving it clean.
5. The assigned officer must report any damage or needed repairs to the Support Services Lieutenant or Captain.
6. Undercover vehicles will be inspected daily to ensure that needed repairs or maintenance is completed as soon as possible. These vehicles are also subject to random inspections by the Support Services Lieutenant or Captain.

Motor vehicles, airplanes, and boats are subject to seizure under G. S. § 90-112 and under the following circumstances:

1. It was used to convey, conceal or transport a controlled substance, or is equipment used in the manufacture, sale, or delivery of a controlled substance.
2. The violation must be a felony.
3. The owner must be in possession of the vehicles or have knowledge that the vehicle was being used in violation.
4. Common carriers are exempt unless the owner of the vehicle or the person in control of the vehicle was aware of the violation.
5. Motor vehicles, airplanes, and boats are subject to seizure under G.S. § 18B-504 if the conveyance is used to transport non-tax paid alcoholic beverages as provided in the statute.
6. If a vehicle is not seized at the time of the arrest for a narcotics or ABC violation, it can only be seized pursuant to a court order authorizing the seizure, or with a search warrant.

Vice/narcotics officers are responsible for all vehicles which they seize pursuant to vice and narcotic laws. They will seize these vehicles at the time of the arrest(s), and will complete the necessary inventory and towing reports before the end of their shift. Each officer is responsible for having a seized vehicle moved to a departmentally approved storage facility. The Support Services Lieutenant will also maintain a seized vehicle file pending court disposition of the case.

The Support Services Lieutenant will check for any lien holder and amount of lien against vehicles seized, and will determine if the vehicle will remain impounded or be returned to the lien holder within five days. A determination to release should be based on the following:

1. The person charged with the offense is not the legal owner.
2. There is an outstanding lien against the vehicle in excess of one-third of its fair market value.
3. The mechanical condition of the vehicle suggests that the cost of the repair and/or amount of lien would be more than reasonable to pay.

If any one of the previous conditions exists, the Support Services Lieutenant will have the vehicle released to the owner, and will do the following:

1. Notify the registered owner that the UNCG Police Department releases its claim to the vehicle.
2. Obtain a letter from the District Attorney releasing the vehicle, stating that it is no longer needed as evidence for court.
3. Have the registered owner sign the Statement of Returned Items segment on the reverse of the Inventory of Towed and Seized Vehicles form.
4. Have the owner pay all towing and storage costs before the vehicle is released.

After the case has been adjudicated, a judge will order either that the vehicle be returned to the owner or be forfeited to the UNCG Police Department. Vehicles which the department does not keep and use will be sold, and the proceeds will go to the Guilford County School System.

The Support Services Lieutenant is responsible for coordinating and planning Vice/Narcotic Unit operations. The Support Services Commander will be informed of each undercover operations. The Support Services Commander may suspend any undercover operation. Undercover operations will be well planned prior to implementation. Guidelines for planning undercover operations include:

1. Identifying and analyzing suspects to determine the nature and scope of personnel, equipment, and activities required to safely and effectively conduct an undercover operation.
2. Making contact with suspects via undercover personnel.
3. Analyzing the neighborhood or target area where undercover and support officers will work.
4. Supplying undercover officers with false identities and necessary credentials as well as maintaining confidentiality of false identities.
5. Supplying required expense funds to officers involved in the undercover operation. Use of these funds will adhere to established departmental directives.
6. Supplying officers with equipment required for the operation, including:
   • Weapons
   • Vehicles
   • Communications Equipment
   • Audio/Visual Monitoring Equipment
   • Undercover or Decoy Supplies
7. Establishing means of routine and emergency communications to be used by officers involved in the undercover operation.
8. Communicating with the prosecutor to determine legal ramifications of unanticipated events. NOTE: The unit will not engage in any reverse operations without the approval of the District Attorney and the Chief of Police.
9. Providing guidelines for any arrests during the operation.
10. Providing backup security for undercover officers.
11. Providing close supervision during the operation.
12. Providing a written operation plan to all officers involved.

The following guidelines also apply to undercover operations:

1. During any undercover operation when it becomes necessary for an officer to consume alcohol, he will not consume enough to appreciably impair his mental or physical faculties.
2. All cases of simulated ingestion of a controlled substance by an officer will be documented with a memo to the division commander.
3. No money will be “fronted” without prior approval of a supervisor, unless the detective's safety is jeopardized.

Surveillance, undercover, and decoy operations may be used separately or simultaneously during undercover operations.

The Support Services Division Commander or designee will be responsible for:

• Coordinating and supervising enforcement activity pertaining to vice, drugs, and organized crime.
• Communicating information to other personnel within the department. The dissemination of information will be conducted on a need-to-know basis, and will be accomplished through regular meetings with other division commanders, as well as departmental staff meetings and individual conferences.
• Coordinating operations and investigative efforts pertaining to vice, drugs, and organized crime activity.
• Meeting with representatives of other area law enforcement agencies in order to coordinate operations that involve multiple agencies.
• Ensuring that information pertaining to vice, drugs, and organized crime activity forwarded to and received from other law enforcement agencies is secured and maintained on file.
• Ensuring that information derived from an investigation relating to other agencies will be forwarded to that agency as soon as practical, through the chain of command.

Submission of reports to the Chief of Police on the status of current vice, drug, and organized crime problems, including actions taken to resolve identified problems. This report will be prepared on an annual basis, but does not preclude the submission of additional reports as needed.