SPECIAL INVESTIGATIONS Policy #46 Page 1 of 16 SPECIAL INVESTIGATIONS A. Purpose The purpose of this policy and these operating guidelines is to make certain that the Special Investigation Unit (S.I.U.) of the Wildlife Crime Investigations Division (W.C.I.D.) conducts only appropriate and approved undercover and overt fish and wildlife investigations in an organized, safe, lawful and efficient manner. B. Preface Pursuant to Administrative Policy I1.1: Administrative Policy Regarding Enforcement Operations of the Bureau of Warden Service, it is the law enforcement priority of the Bureau of Warden Service to protect fish and wildlife; and to focus intensive investigation and law enforcement efforts on intentional violators and repeat offenders. Often, intentional fish and wildlife violators and repeat offenders are knowledgeable about conventional fish and wildlife law enforcement techniques, thereby avoiding detection and apprehension. In certain instances, specialized law enforcement investigative techniques may be necessary to apprehend and successfully prosecute those individuals and groups who, due to their caution, skill at avoiding apprehension, and criminal intent are not likely to be apprehended by uniformed game wardens using conventional patrol procedures and methods. In Maine, and nationwide, special investigation techniques have proven to be the most the effective methods to apprehend serious, intentional fish and wildlife violators who repeatedly abuse, and subsequently threaten the abundance and well being of the fish and wildlife resources of this State and Nation. Special and undercover investigations conducted by the Bureau of Warden Service will be carried out in accordance with this policy, other relevant Warden Service policy and applicable work regulations and law. Violation of this policy may result in disciplinary action and progressive discipline as outlined in the appropriate employee contract(s). C. Organization of Wildlife Crime Investigations Division (WCID) 1. Wildlife Crime Investigations Division (WCID): It shall be the responsibility of the WCID personnel, or other persons authorized by the Game Warden Colonel or designee to conduct specialized investigations of fish and wildlife crimes for the Maine Warden Service. A Game Warden Captain promoted to that position will supervise the law enforcement operations of the Wildlife Crimes Investigations Division under the direction of the Game Warden Major or as otherwise assigned by the Colonel. 2. Special Investigations Unit: The Special Investigations Unit is the team of personnel comprised of sworn law enforcement officers appointed SPECIAL INVESTIGATIONS Policy #46 Page 2 of 16 by the Major, who are assigned to conduct special investigations. The Captain is responsible for the supervision of the Special Investigation Unit. Warden Service personnel are assigned to the unit upon approval of the Game Warden Major. The Game Warden Major may remove officers from the unit for just cause. D. Authority to Utilize Special Investigation Techniques MRSA Title 12, Section 10353 –subsection 2I, permits wardens to do anything otherwise prohibited by MRSA Title 12, Chapters 811-939, if necessary to carry out their powers and duties. E. Summary of Chain of Command, Key Investigative Staff, and Key Staff Responsibility and Function 1. Game Warden Major: has final approval authority over all special investigations and related matters, financial authorizations pertaining to special investigations and all other operations of the WCID of the Maine Warden Service and of the Special Investigation Unit. 2. Game Warden Lieutenant: has intermittent responsibilities relating to members of the Special Investigation Unit on active assignment; supervisory and incident command responsibilities and operational duties pertaining to investigation take down operations (search warrants, arrest warrants and other investigative follow up) and other related activities as assigned. All of these activities must be performed in consultation and cooperation with the Captain or designated Investigator or member of Special Investigation Unit. 3. Game Warden Sergeant: during a takedown operation or follow up to a special investigation, a Game Warden Sergeant may be assigned to a variety of team leader and supervisory duties. When appropriate the Game Warden Sergeant will act as the Case OD officer . 4. Game Warden Captain: has first line supervisory responsibilities of the (WCID) and the Special Investigation Unit. . The Game Warden Captain shall be responsible for the following (but not limited to) duties: a. ensure that all members of the WCID and Special Investigation Unit maintain adequate, secure and viable undercover investigation credentials; b. monitor and supervise the day to day law enforcement operations of the WCID and Special Investigation Unit; c. ensure that while special investigations are active that a Case OD is in fact available for the Special Investigation Unit member, should a need arise; d. ensure that before any personnel engage in any special investigations they have received the BSIT program prescribed by the Game Warden Major; e. coordinate and conduct or direct to be conducted a debriefing of the special investigation in a timely manner. f. direct and supervise the overt, upfront investigations being conducted by the WCID; SPECIAL INVESTIGATIONS Policy #46 Page 3 of 16 g. receive, review, evaluate, and coordinate special investigation proposals for review with the Major; h. provide each member of the WCID and Resource Protection Unit with this policy and provide training of same ensuring that each officer fully understands the policies and procedures of the WCID and Special Investigations Unit; i. ensure that the WCID and Special Investigations Unit is operating within the guidelines and by the procedures set forth within this policy and in accordance with all other applicable policies and laws; j. monitor the well being of members of the WCID and Special Investigations Unit who are conducting special investigations to provide for early detection of problems associated with a special investigation; k. keep current on pertinent law court decisions; procedural changes; fish and wildlife and criminal law; rules of court and court procedures; and any other relevant information applicable to the WCID and Special Investigation Unit; l. schedule and hold meetings with the members of the WCID and the Special Investigation Unit as necessary to ensure the smooth and efficient investigation of cases and operation of the Division and Unit; m. prepare and administer performance evaluation processes on direct employees of the WCID and provide input to supervisory officers overseeing members of the Special Investigation Unit; n. act as a liaison between the Department and the courts; other agencies and organizations representing the interests of the WCID and Special Investigation Unit; o. perform the necessary administrative duties to insure the safe, efficient and effective operation of the WCID and the Special Investigations Unit; p. keep the Game Warden Major apprised of the status of active investigations and of any important developments involving the WCID and the Special Investigation Unit. 5. Game Warden Investigator: has undercover investigation responsibilities as well as investigative and case management responsibilities. 6. Special Investigations Unit Investigator: has undercover investigation responsibilities. F. Definitions 1. A.D.A.: Assistant District Attorney 2. A.G.: Attorney General 3. A.A.G.: Assistant Attorney General 4. Basic Special Investigations Training (BSIT): the minimum training required for an officer prior to engaging in or conducting any special investigation or undercover investigation. This training shall be of content and duration as directed by the Game Warden Major. The SPECIAL INVESTIGATIONS Policy #46 Page 4 of 16 Game Warden Major may waive this requirement if an officer has received similar training in Maine or another State or Province and the content of such training covers all of the substantive areas of BSIT. 5. Case Agent: the person designated to act as the coordinator of reports, evidence, interviews, prosecution, and manager of certain components of specialized undercover investigations. Usually a Game Warden Investigator will be assigned as the Case Agent, but as operational needs arise other qualified officers may be assigned this duty. 6. Case On Duty Officer (Case OD): due to the need to have an officer available at any time to respond to an undercover officer’s request for urgent assistance or an emergency need to contact the undercover investigator during an undercover investigation, a Game Warden supervisor or Investigator will be used as Case OD. 7. Command Post: the incident command location of overall supervision, communications and organizational and logistical support during the takedown operation of a special investigation. 8. D.A.: District Attorney 9. Department: means the Department of Inland Fisheries and Wildlife. 10. Entrapment: is defined as the act or acts of an officer assigned to a special and/or undercover investigation that induce a person to commit a crime not contemplated by that person in order to initiate or further a criminal investigation. Inducement may consist of but is not limited to: a. appeals to sympathy b. playing on the emotions of the subject(s) of investigation c. overzealous persuasion d. severe pressure, coercion and threats Officers assigned to conduct special investigations on the behalf of the Maine Warden Service may afford the subject of an investigation the opportunity to commit a crime. This is not entrapment. The intent to commit a crime must come from the subject of investigation. It is when the idea and design to commit a crime originates with the officer or the Department, who then induces an otherwise completely innocent person to become involved that entrapment arises. 11. Game Warden Investigator: a game warden promoted to the rank of Investigator. 12. Game Warden Captain: a game warden promoted to the rank of Captain. 13. Investigative Probing- the use of special investigation team members or covers to further establish pre-disposition or reasonable cause to initiate a Class “A” investigation. These probes may include the use of computer based communication or face to communication with potential subjects of investigation. 13. Operational Phase: means the part of a special investigation when the undercover investigation has commenced. SPECIAL INVESTIGATIONS Policy #46 Page 5 of 16 14. Predisposition: documented information establishing the subject of investigation’s (SOI) intent to violate the law prior to commencing a special investigation. 15. Predisposition Report – the report required in each investigation case file prior to the commencement of an undercover operation. It is the responsibility of the Game Warden Captain to insure this requirement is met. 16. Special Investigation Unit (SIU) – a team of law enforcement personnel authorized and assigned to conduct undercover investigations of suspected violations of Maine’s Inland Fish and Wildlife laws and regulations. Approval of the Game Warden Major is required before becoming a member of the SIU. 17. Special Agent (SA) – refers to a Special Agent of the United States Fish and Wildlife Service. 18. SOI – Subject of Investigation. The primary target of a special investigation. 19. Special Investigation – means undercover investigation. 20. Takedown Operation – is the physical and/or actual culmination of an investigation conducted by the WCID or SIU to include, but not limited to: execution of search and arrest warrants; final collection, documenting, securing and preservation of evidence; interviews of suspects and witnesses and informants; and all other functions required to conclude the operational phase of a special investigation. G. Requests for Undercover Investigations – Approval and Initiation of Investigations 1. Collection of Information and Requests for Special or Undercover Investigation: to facilitate the uniform collection and evaluation of information and requests for special investigations, all requests for special investigations and related information will be forwarded to the Captain on the designated form (see appendix #1). Requests may be reviewed and submitted first to a Investigator and then on to the Captain. Upon receipt of a request for a special investigation, the Captain will acknowledge all such requests. The Captain will review and organize all such requests for further assessment. 2. Methods of Collection: Information and Evidence: information and evidence that is forwarded to the Captain regarding a proposed special investigation must be obtained from a lawful source. 3. Dissemination of Information: when the Captain receives a request for a special investigation the Investigator assigned to the geographical area from which the request was made will be notified for the purpose of informing the investigator and discussing the proposed case. For reasonable grounds, the Captain may choose not to make such a notification, however, this shall not be done arbitrarily and may only be done with the approval of the Game Warden Major. 4. Assessment of Information and Evaluation of Requests for Special Investigations: the Captain will make a preliminary assessment and evaluation of investigation requests. When requests are received that SPECIAL INVESTIGATIONS Policy #46 Page 6 of 16 require additional information, the Captain will contact an Investigator to work with the Warden submitting the request. After consulting with the Captain, the Investigator will provide specific direction on what additional information is needed. If possible, the Captain should review and discuss prioritization of each proposal using established priorities with the WCID.. a. Predisposition: before a request for special investigation is considered for final approval it shall be the responsibility of the Captain ensure that predisposition exists for the proposed investigation and that a synopsis report describing predisposition for the case be present in the investigation file for that case. The predisposition requirement in the context of this policy means the totality of information meeting the following standards: 1) current case law on the matter; 2) Black’s Law Dictionary and 3) the most current United States Fish and Wildlife Service Training Manual on ENTRAPMENT if available. In summary, in this context the predisposition requirement is used to determine if the target(s) of a proposed special investigation is predisposed to commit any violations of MRSA 12, Chapters 811-939 or other violations of state or federal law; or the laws of other states. It is the responsibility of the Captain to ensure predisposition exists, however, predisposition investigation may be conducted by any authorized person. No special investigation will be approved unless the predisposition requirement is met. b. Investigation Prioritization Criteria: proposals for special investigations shall be categorized as follows: i. ii. iii. iv. “A” Category – Major Case Operation “B” Category – Standard Case Operation “C” Category – does not warrant special investigation at this time 1) “A” Category (MAJOR CASE OPERATIONS) – Proposals that identify a predisposed target or group of targets based on facts, circumstances and reasonable trustworthy information within the knowledge of the WCID. This information will be sufficient to warrant a person of reasonable caution to believe that an offense has been, is going to be or is currently occurring in the following activities (not limited to):  Illegal buying and/or selling of wildlife – especially deer, bear, moose, wild turkey and endangered species;  Guiding without a license or attempting to do so;  Illegal taking of fish and wildlife in extreme excess of the daily/season/possession limit; SPECIAL INVESTIGATIONS Policy #46        Page 7 of 16 Continuous illegal taking of fish and wildlife during closed seasons and restricted times of day.; Illegally buying/selling fish, especially game fish and smelts; Any other illegal commercialization of fish and wildlife that if not stopped would tend to establish a threat to the specific wildlife being abused or the spirit of the laws designed to protect that wildlife or diminish the public’s confidence in the level of protection provided for fish and wildlife resources. Exceeding the limits on fish and wildlife in a noncommercial capacity; Engages in serious fish and wildlife violations but does not give an indication that the illegal activity is continuous but more intermittent in nature; A target who violates fish and wildlife laws that by violating such laws creates a major source of complaint and grievance in the community in which the target resides and/or violates; Any other fish and wildlife activity determined by the Game Warden Major or Captain that needs enforcement effort but does not create an urgency but might become one if not investigated. 3) “B” Category – (STANDARD CASE OPERATIONS )Proposals that identify a target or group of targets who clearly have been engaged in past fish and wildlife violations listed under a Category “A” operation and have demonstrated the potential to do so. Special Investigation Team members may be used for investigative probing to further establish reasonable cause to elevate the investigation to an “A” Category - Major Case Operation. Once reasonable cause has been established the case will be elevated to category “A” investigation. 4) “C” CATERGORY – (DOES NOT WARRANT SPECIAL INVESTIGATION AT THIS TIME)- proposals and requests for special investigation in Category C are those that: 1) contain information that is not reasonable to sustain that fish and wildlife violations have, in fact, occurred; 2) contain so limited information that no reasonable assessment may be made; 3) the activity, although it may involve fish and wildlife violations is not of a nature that warrants the use of undercover investigation techniques. 5. Approval and Initiation of Special Investigations SPECIAL INVESTIGATIONS Policy #46 Page 8 of 16 a. Approval to investigate: once it has been determined that the investigation request has: 1) met the requirements of either a Class “A” or “B” operation; 2) has been prioritized in the appropriate category; and 3) has been reviewed and discussed with the appropriate Investigator, the Game Warden Captain and Game Warden Major will review the proposal and determine whether or not to proceed. c. Assignment of Investigating Officer: after the approval to investigate has been made the Captain shall assign an authorized officer to investigate. d. Assignment of Case Agent: after the approval to investigate has been made the Captain shall assign an Investigator as the coordinator for the case. e. Assignment of Case On Duty Officer (Case OD): it is the responsibility of the Captain to assign a Case OD and an alternate Case OD (Game Warden Supervisor of Investigator) to be available to the undercover investigator during special investigations for emergency contact (such as family emergencies; dangerous developments for the undercover investigator, etc.) The Case OD will be fully briefed on the investigation, the target, key locations, etc. in order to be able to respond quickly if necessary. f. Assignment of Case Number: the case number will be assigned by the Captain and used on expense vouchers, case reports and other documents pertaining the specific investigation. The numbering system will use the following example: SIU-01-2005 (this would be the first case of the calendar year 2005 for the WCID, etc.) g. Assignment Information/Packet and Briefing: the Captain or designee shall provide the officer assigned to investigate a case with a complete briefing and/or packet of information which will provide the assigned officer all possible materials and information necessary to effectively, properly and safely initiate an undercover investigation. This shall include but is not limited to: investigation funds; directions; maps; recommended methods of contact; undercover credentials; adequate undercover transportation and other necessary equipment; Case OD and alternate Case OD information; contact information; a comprehensive description of the target and associates; suspected violations; and any information regarding potential dangers including behavioral, narcotics, weapons, substance/alcohol abuse, etc. and any other information necessary to conduct a safe, successful undercover investigation. h. Notification and Briefing of Division Lieutenant: upon approval and prior to commencement of an undercover investigation, the Captain or their designee will brief the Lieutenant for the Division in which an investigation is about to take place. They SPECIAL INVESTIGATIONS Policy #46 Page 9 of 16 shall be fully briefed on the nature of the investigation, the investigation time line, the name of the investigating officer and other pertinent details. Lieutenants are not authorized to disclose this information to others without the express authorization of the Game Warden Major or Captain. H. Operations: Special Investigations Guidelines and Procedures 1. Investigating Officers: those law enforcement officers who are authorized by the Game Warden Major to participate in undercover investigations for the Bureau of Warden Service. Investigating officers will include the Case Agent and the Special Investigations Team Member assigned to the case. (Special investigation undercover work is not the same and distinctly different from a district warden doing “plain clothes” field enforcement work in a number of ways, the most significant being the use of undercover credentials and using an undercover identity to carry out an investigation). 2. Captain to Remain Informed: it is the responsibility of the investigating officer’s (Case Agent, Special Investigation Team Member) and Captain to ensure that the Captain is informed of the status of an investigation. As appropriate and necessary, the Captain will keep the Game Warden Major apprised of case status. 3. Termination of Special Investigation: the Game Warden Major and Captain have equal decision making authority on when to terminate an undercover investigation. An investigating officer may also terminate an undercover investigation if, in the investigating officer’s professional opinion, there is an unreasonable risk that the investigating officer’s identity might be discovered or other dangerous factors causing unnecessary safety risks for that officer. If an investigating officer terminates a case for emergency reasons, the Case OD; Game Warden Captain and Game Warden Major will be informed as soon as possible. 4. Consultation with Counsel: it will be the practice of the WCID and Special Investigation Unit to consult with legal counsel (Department of the Attorney General and/or the appropriate District Attorney’s Office) whenever necessary. 5. Use of Alcoholic Beverages: the illegal use of alcoholic beverages is prohibited. During undercover investigations it is sometimes a benefit to consume or simulate the consumption of alcoholic beverages to help establish and add credibility to the undercover role and identity of the undercover investigator. Therefore, foregoing any separate Warden Service policy prohibiting the consumption of alcoholic beverages by members of the Bureau while on duty, undercover investigators may consume or simulate consumption of alcohol in the minimum amounts necessary to act out their undercover identity while on duty and engaged in official special investigations. Undercover officers should limit alcohol use and consumption to minimal amounts. Consideration should be given to undercover roles and identities SPECIAL INVESTIGATIONS Policy #46 Page 10 of 16 that may be utilized and eliminate alcohol use during an undercover investigation. Undercover investigators may not offer by design or voluntarily provide by design alcoholic beverages that are possessed by the officer for the purpose of enhancing undercover identity to any person other than another undercover officer. 6. Criminal Conduct by Investigating Officer a. Fish and Wildlife Violations – MRSA 12, Section 10353 (2I) permits game wardens to do anything otherwise prohibited by MRSA 12, Chapters 811-939 to carry out their duties. This very important authority should be carefully exercised and discretion must be used at all times. b. Criminal offenses – except as provided above, law does not permit the violation of statute by undercover investigators. Incidents involving the violation of law by the investigating officer must be disclosed as soon as possible to the Captain and Game Warden Major and the Office of the District Attorney overseeing the case. c. Use of Illegal Drugs and Narcotics – no authority exists to grant permission for undercover investigators to use illegal drugs or narcotics. Undercover officers may not willfully use illegal drugs or narcotics. It is important to note and recognize that there are a number of documented cases where an undercover investigator was tested by a suspect by being advised that they had to prove they were not a law enforcement officer by using illegal drugs; and if they did not threats were made against the undercover investigator. Officer safety and public safety are the most important factors in an undercover investigation. 1. Exposure or compelled use of illegal drugs or narcotics – when an undercover officer is exposed to marijuana smoke or drug residue or compelled to use illegal drugs under threat or other exigent circumstances during the course of an investigation, upon return from the undercover investigation do the following: a. Notify the Captain as soon as possible of the details and circumstances and the District Attorney, if deemed necessary. The Captain will notify the Game Warden Major; b. Prepare a written report regarding the details and circumstances of the incident and forward the report to the Captain and the Game Warden Major; c. File a First Report of Injury form with the Captain.. 7. Investigative Funds: the Captain will be responsible for operational oversight of the expenditures and disbursement of undercover investigation funds and administration. The Game Warden Major will routinely review expenditures. SPECIAL INVESTIGATIONS Policy #46 a. Page 11 of 16 Records: The financial and expenditure records will be maintained by the Game Warden Captain or designee in the manner prescribed by the office of the State Controller. Such records will be kept as confidential and only released upon approval of the Game Warden Major. b. Investigative Expense Vouchers: expenses for special investigations will be provided to undercover investigators by the Game Warden Captain. Officers conducting undercover investigations using undercover funds will record all credits and debits on the Special Investigations Expense Voucher. Expense vouchers must be submitted and approved by the Game Warden Captain at the conclusion of the case, or at required intervals. The Game Warden Captain will keep vouchers on file for a period of 3 years from the conclusion of the court proceedings for the investigation that the voucher pertains to. Vouchers will be kept as confidential and not released without the approval of the Game Warden Major or designee. 8. Debriefing After Undercover Investigation: at the first possible opportunity after each undercover contact, the investigating officer(s) will notify the Game Warden Captain or designee to advise that the SIT member has returned safely and provide a detailed synopsis of the mission. 9. Report of Special Investigation: after the conclusion of each operational phase of an undercover investigation involving undercover contact, the SIT member will prepare a written report of investigation in the prescribed format and submit it to the Case Agent (Investigator) and Game Warden Captain within 7 days. The Game Warden Captain will review, and approve – and if necessary, edit the report before the approval. The Case Agent will be responsible for updating and forwarding detailed information to the Game Warden Captain regarding the investigation. The Game Warden Captain and Case Agent will both maintain an updated report of investigation. 10.Evidence Obtained During Undercover Investigation: evidence obtained during undercover contact shall be processed pursuant to Maine Warden Service policy and procedures regarding the handling of physical evidence. Evidence will be stored at a location determined by the Case Agent or Game Warden Captain or designee. 11.Gifts: gifts given to an undercover investigating officer will be documented in the case report and secured in the same manner as evidence obtained during the investigation. Upon final disposition, it shall be the responsibility of the Game Warden Captain, Case Agent or designee(s) to make arrangements for the return or legal disposition of said gifts. 12.Security During Undercover Investigations: Except as provided otherwise by this policy, information regarding details of an undercover investigation, or even the existence of an undercover SPECIAL INVESTIGATIONS Policy #46 Page 12 of 16 investigation will be disseminated on an absolute need to know basis unless otherwise approved by the Game Warden Colonel or Major. a. Undercover identity: undercover investigating officers will not reveal their undercover identities to anyone except authorized personnel (Colonel, Major, Game Warden Captain, Case Agent, District Attorney’s, agencies issuing credentials, etc.) at any time. b. Record of undercover identity: the Game Warden Captain shall maintain current and accurate records regarding the true identity of undercover officers and their undercover identities. A copy of these records will be kept on file by the Game Warden Captain and the Game Warden Major. c. Wildlife Crime Investigations Division (WCID) and SIU Roster: the Game Warden Captain will maintain a current and accurate roster of the personnel of the WCID and Special Investigation Unit. d. Disclosure of Information Regarding Employees engaged in undercover investigations: no disclosure will be made of any information regarding the true or undercover identity, address, office or duty station location, personal information, or any other information regarding any officer involved with special investigations. e. Use of Undercover Identification: Undercover identification and credentials issued or obtained by any officer assigned to work in an undercover capacity are to be utilized for approved special investigations only. Undercover identification or credentials shall not be used for any personal reason. f. Return of Credentials: when any officer who has obtained undercover credentials or identification to conduct special or undercover investigations for the Bureau of Warden Service is no longer assigned to conduct such investigations that officer must immediately turn in any credentials and/or identification to the Game Warden Captain. g. Case On Duty Officer – Responsibilities: undercover investigations have the potential to become very dangerous for the investigating officer(s). It shall be a priority for the Bureau to establish practices that provide for an adequate response to certain situations. In addition to information pertaining to Case OD found in Section 5-C the following shall apply to Case OD duties and responsibilities: 1. Safety and Security - To provide for the safety and security of investigating officers to the best of the Bureau’s ability, there shall be a Case OD assigned to be available to the undercover officer 24 hours a day while the officer is operating in an undercover capacity. 2. Emergency Procedures – In the event of an emergency the Case OD will: SPECIAL INVESTIGATIONS Policy #46 Page 13 of 16 a. Respond immediately; b. Notify back-up officers if necessary; c. Notify the Game Warden Captain and/or Major and/or other command officer(s) at the first possible opportunity in order to respond as deemed appropriate to mitigate any threat or emergency. 3. Threat to Investigating Officer – in the event of any threat, threatening communication, intimidation, or other suspicious activity it shall be the policy of the Warden Service to: a. Aggressively investigate or cause to be investigated the source of the threat; b. Take any and all reasonable steps to ensure the security and safety of the investigating officer and their families; c. Refer the matter to the appropriate law enforcement officials and Office of the District Attorney for law enforcement action and prosecution. h. Other Security Concerns 1. Law Enforcement Inquiries – Any suspicious inquiries generated by other law enforcement officers into the activities of any special investigation conducted by the Bureau will be investigated by the Game Warden Captain and reported to the Major, and investigating officers immediately. The Major will determine an appropriate course of action. 2. Requests for Information – any request for information regarding the status or details of an ongoing or otherwise closed undercover investigation will be forwarded to the Game Warden Major for review and response. No information regarding undercover investigations or techniques will be disclosed. . The Bureau will not comment on open investigations, except as required by law. 13. Investigation Takedown and Other Related Operations: a. Decision to Conclude and Takedown Investigation: Prior to planning a takedown operation the Game Warden Captain will obtain approval from the Game Warden Colonel or Major. b. Pre-Takedown Briefing with District Warden: prior to take down planning, the Section Sergeant and District Game Warden assigned to the area in which the undercover investigation occurred, will be briefed on the investigation and then utilized in the take down planning and execution as is appropriate. The Game Warden Captain will determine who will be responsible for briefings. In certain instances regarding very sensitive SPECIAL INVESTIGATIONS Policy #46 Page 14 of 16 investigations this briefing may be waived with the approval of the Major. c. Pre-Takedown Briefing for Planning Purposes: once the decision is made to conclude and take down and undercover investigation, the Game Warden Captain or designee, Case Agent and the undercover officer will meet with the Lieutenant for the Division in which the investigation take down will occur. In some cases, it may require the participation of more than one Division Lieutenant and other supervisory staff, as is appropriate and required to achieve the objective. The purpose of this initial meeting is to fully brief the Lieutenant, and other supervisors,, on the details of the case, the objectives and goals of the take down, identify and discuss concerns and safety issues, conduct preliminary planning regarding logistics and identify and discuss any other issues that are present or may develop during the take down operation. d. Prosecutorial Coordination: It shall be the responsibility of the Game Warden Captain or Case Agent to ensure that enforcement operations are fully coordinated with the appropriate prosecutorial staff. If the Case Agent meets with the prosecutorial staff without the Captain, the Case Agent will brief the Captain on the details of the meeting immediately after the consultation. e. Pre-Takedown Briefings for Operational Purposes: operational briefings prior to the takedown event will be planned and organized by the Division Lieutenant and Game Warden Captain. . It will be an operational priority and the responsibility of the Game Warden Captain or designee to ensure that adequate time is scheduled for comprehensive briefings with take down team leaders and teams. The operational briefing is the final pretakedown meeting where operational guidance and full instruction are to be provided to the assigned teams of law enforcement officers who will carry out takedown law enforcement operations. 1. Assignment of Team Leaders and Teams: the Lieutenant and Game Warden Captain will establish the appropriate number of teams to accomplish the objectives of the take down and assign team leaders to each team. Supervisory officers should be assigned as Team Leaders if possible. The Game Warden Captain, Division Lieutenant , Case Agent and undercover investigating officer all have critical roles in making recommendations regarding the most strategic team structure. The Division Lieutenant will make the final assignments to teams. 2. Team Leader Responsibilities: the team leader will have decision making supervisory authority at the their team’s assigned takedown location. Team leaders will be responsible for the following: SPECIAL INVESTIGATIONS Policy #46 Page 15 of 16 a. Ensure that the team’s objectives are safely carried out; b. Ensure that all team members are well briefed and equipped with all necessary law enforcement materials and safety equipment; c. Team leaders will supervise the execution of team assignments at all times with officer safety as a priority; d. To ensure that each team member has access to a first aid kit on each assignment and has knowledge of its location; e. That each team member is wearing soft body armor during all takedown operations; f. Ensure that each team member knows the location and contact method for emergency medical services in the event of an emergency during takedown operations. 3. Briefing Packets: during pre-takedown operational briefing, in addition to the briefing itself, each team will receive an operational packet containing information necessary to safely carry out the team’s mission. The packet shall include, but is not limited to, the following: a. appropriate search/arrest warrants; b. Photographs, maps, diagrams; c. Suspect information; d. Team objective; e. Location of medical emergency information; f. Emergency contact – command post information; g. Report of takedown/investigation instructions; h. Evidence handling instructions; i. List of other teams and team leaders; j. Other necessary information. Upon completion of team assignments, all briefing packets will be returned to the command post. 4. Command Post: the Division Lieutenant in charge of the takedown operation will designate and secure a location for the Command Post and briefing location(s). The purpose of the Command Post will be to provide a location to safely and successfully supervise, coordinate and carry out takedown operations and all related communications. Upon determination of a takedown command post location, the Lieutenant shall notify the office of the Colonel and Major of the location, contact information and takedown schedule. 5. Officer Safety: first and foremost during all takedown operations will be the safety of the public, including suspects and law enforcement officers involved. The SPECIAL INVESTIGATIONS Policy #46 Page 16 of 16 following steps shall be taken to ensure the a reasonable level of officer safety during takedown operations: a. Soft body armor will be worn by all officers involved. Team leaders are responsible to ensure that this requirement is met; b. Protective latex gloves will be provided as is necessary to all officers, and will be worn by all officers who are involved with searching and carrying out arrests, as is appropriate; c. Each team will be required to have a first aid kit at each take down location; d. Emergency medical service information and locations will be identified in advance of the takedown and each officer involved provided with this information; e. Operational briefings must include information regarding all known potential dangers: drugs, needles, dogs, firearms, violence, etc. 14. Investigation Closure and Prosecution: the Game Warden Captain or designee will be assigned as the officer designated to oversee the many components to investigation closure. Investigation closure includes report submission and coordination; issuance of citations; follow up enforcement information; evidence handling and return; pretrial preparation; provide any assistance to the District Attorney’s office as needed; and ensure that internal processes are complete (report of convictions, revocations, etc.) 15. News, Media and Press: inquiries from the press, news media and other public information outlets will be forwarded to the Augusta office for response by the Colonel, Major or as otherwise directed by the Colonel or Major. Approved by Colonel: ____________________ Revised