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4.4. SR 07-05-2016
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4.4. SR 07-05-2016
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LIMITED OFFICIAL USE ONLY <br /> LAW ENFORCEMENT SENSITIVE <br /> 8.6 Absent prosecutorial input to the contrary, during online dialogue, officers shall <br /> allow the Investigative target to set the tone,pace, and subject matter of the online <br /> conversation <br /> 8.6.1 The above section (8.6) shall not be construed to prohibit <br /> Investigators from performing any of the following activities when <br /> initiating or conducting an Investigation: (a) posting information <br /> including visual depictions (image or video/printed or digital) to <br /> establish an online presence, (b)placing advertisements or posts, or <br /> (c) sending messages. <br /> 8.6.2 Members shall familiarize themselves with relevant state and federal law, <br /> including but not limited to those regarding the defense of entrapment, and <br /> should confer with relevant prosecutors for legal consultation, as needed. <br /> 8.6.3 Members planning large-scale (multi-target)operations shall advise <br /> the Commander and shall consult relevant prosecutors regarding the <br /> operation. <br /> 8.7 The examination of digital storage devices shall be performed consistent with the <br /> subject agency's protocol. <br /> 8.8 Images shall be maintained pursuant to the subject agency's policy. <br /> 8.8.1 Absent a court order specifically ordering otherwise, evidence <br /> containing Images shall not be released to any defendant or <br /> representative thereof. <br /> 8.9 Absent exigent circumstances, all Members' case referrals between jurisdictions <br /> shall include: <br /> • Notification to and acceptance by the Commander(s) of both jurisdictions that are <br /> involved in the referral; <br /> • A secure (i.e., digitally-protected) copy of the case file; <br /> • An official Investigative report or affidavit containing case details; and, <br /> • Documentation,preferably the original, of all legal process conducted and all <br /> compliance with same, especially those documents related to the issue of <br /> jurisdiction and identification of suspect(s). <br /> 8.10 The transfer of evidence containing Images among law enforcement shall be done <br /> in a secure manner. <br /> ICAC Program Operational and Investigative Standards <br /> FOR ICAC PURPOSES ONLY <br /> Revised Update: October 16,2014 <br /> Page 13 of 17 <br />
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