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Subject: Interception
or Recording of Oral or Wire Communications |
Series Number
Change 304 04 Effective
Date April 17, 1985
Revision
Date May 04, 2000 |
The purpose of this
order is to establish guidelines, for the interception or recording of wire or
oral communications. This order consists of the following parts:
PART I Responsibilities
and Procedures for Members of the Department
A. Surveillance and Recording Equipment.
B. Requesting Court Authorization.
C. Interceptions
or Recordings not Requiring Court Authorization.
D. Registration
and Use of Privately Owned Surveillance and Recording Equipment.
E. Use of Privately Owned Surveillance and Recording Equipment by Persons Other than the Registered Owner.
PART II Responsibilities
and Procedures for Supervisory and Command Personnel
A. Supervisors.
B. Inspectional Services Officer.
PART
I
A. Surveillance and Recording Equipment.
1. Surveillance
and recording equipment shall be used only within the guidelines
prescribed by law and then only after receiving prior appropriate
approval.
2. Surveillance
and recording equipment, as used here, means any telephone extension, device,
or bug (whether it be mechanical, electrical, battery—operated, wire, or
wireless), that will intercept, eavesdrop, monitor, pick-up, or record any oral
conversation whatsoever.
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Publication |
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Effective Date |
Page Number |
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General
Order 304.4 |
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April
17, 1985 |
2
of 7 |
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B. Requesting Court Authorization.
1. The
provisions governing the interception and recording of wire or oral
communications are contained in D.C. Code 23-541 thru 556; members shall refer
to the statute and abide by its provisions in conducting any such operation.
2. All
requests for court authorization to conduct interceptions of wire or oral
communications shall be submitted to the Chief of Police through the
Inspectional Services Officer.
3. Upon
approval of the Chief of Police, members shall submit the approved requests to
an Assistant United States Attorney who may authorize, in writing, a member to
make application to the court for an order authorizing the interception of oral
or wire communications.
4. Upon
completion of all court approved wire or oral interceptions, a report detailing
the results obtained from the interception shall be submitted to the Chief of
Police, through the Inspectional Services Officer.
C. Interceptions or Recordings Not Requiring
Court Authorization.
Some communications,
referred to as “one-party consent conversations,” may be intercepted,
monitored, or recorded by the police without having to obtain court
authorization (e.g., when there is the consent of a party whose voice is being
intercepted, as in the case of plants where a store clerk is cooperating with
the police or when a member is a party to the conversation). Members shall
adhere to the following procedures before intercepting or recording conversations
that fall in this category or before intercepting, recording, or listening in
on any other conversation except in the ordinarily accepted use of telephones,
radios, Dictaphones, etc.
1. Routine
One-Party Consent Requests.
a. When
time is not a critical factor, before any member or employee of this
department intercepts, records, or listens in on any conversation, utilizing
any electronic surveillance equipment or any other aid to the human hearing,
without the clearly expressed or implied consent of all parties to such
conversation, he/she shall first obtain written authorization from the
Inspectional Services Officer.
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Publication |
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Effective Date |
Page Number |
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General
Order 304.4 |
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April
17, 1985 |
3
of 7 |
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b. One-party
consent requests shall contain the following:
(1) Enough
information to identify the specific investigation involved. If
confidentiality is crucial, the investigative control number or the type of
investigation being conducted (e.g., gambling, narcotics) is sufficient;
(2) The
type of interception or recording (e.g., oral or telephonic) to be made;
(3) The
date the interception or recording is to take place. Under special
circumstances, approval may be granted to conduct interceptions or recordings
for a period not to exceed 14 days;
(4) The
name(s) of the person(s) who is consenting to have the conversation recorded or
intercepted. In the case of undercover officers or special employees, their
identifying number shall be given; and
(5) The
jurisdiction in which the recording or interception is to take place.
(a) If
the request is for a one-party consent recording or interception in the State
of Maryland, the name of the person or agency in that jurisdiction under whose
direction the requesting member will conduct the operation shall be specified.
(b) In
the State of Maryland, only Maryland State investigative or law enforcement
officers, or any other person acting at the direction or under the direct
supervision of a Maryland investigative or law enforcement officer, or any
attorney authorized to prosecute or assist in the prosecution of criminal
cases in the State of Maryland, are authorized to conduct one-party consent
recordings. Moreover, authorization can only be given for the investigation of
murder, kidnapping, gambling, robbery, bribery, extortion, dealing in
controlled dangerous substances, or the conspiracy to commit any of these seven
(7) offenses.
(c) In
the State of Virginia, there are no restrictions concerning the conduct of
one-party consent activities. Therefore, members, when planning to operate in
Virginia, shall utilize the same procedures which would apply to an operation
in the District of Columbia.
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Publication |
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Effective Date |
Page Number |
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General
Order 304.4 |
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April
17, 1985 |
4
of 7 |
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2. Emergency
One-Party Situations.
a. During
regular business hours, in situations when the progress of an investigation
makes it necessary to use surveillance or recording equipment immediately, an
oral request shall be made to the Inspectional Services Officer, or the
official who represents that office in his/her absence. The requesting member shall
also obtain an Inspectional Services Bureau Control Number.
b. During
non-business hours, in situations when the progress of an investigation makes
it necessary to use surveillance or recording equipment immediately, the
equipment shall only be used with the approval of the official then in charge
of the requesting member’s organizational element.
3. After-Action
Reports.
a. Upon
conclusion of a one-party consent operation authorized as a result of a written
request, the member who requested the consent shall prepare a report indicating
whether or not the interception or recording was made, providing any information
that differed from the original request. This report
shall
he prepared and submitted to the Inspectional Services Officer and shall include
the Inspectional Services Bureau Control Number.
b. In
emergency cases, a report containing the information prescribed in regular
one-party consent requests shall be prepared by the member who requested the
consent, and submitted to the Inspectional Services Officer by 0900 hours on
the next business day. The report shall contain a statement as to whether or
not the interception or recording was made and the reason the one-party consent
request was considered an emergency, and shall also include the Inspectional
Services Bureau Control Number.
c. Under
those special circumstances in which authorization has been given to conduct
one-party consent recordings or interceptions for up to 14 days, the member
requesting the one party consent shall prepare a weekly report identifying the
conversations recorded or intercepted during the week and submit the report to
the Inspectional Services Officer.
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Publication |
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Effective Date |
Page Number |
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General
Order 304.4 |
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April
17, 1985 |
5
of 7 |
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D. Registration
and Use of Privately Owned Surveillance and Recording Equipment.
Members of the force
shall observe the following registration requirements concerning possession of
privately owned surveillance equipment at Metropolitan Police Department
facilities.
1. No
privately owned surveillance or recording equipment, (other than tape recorders
only) may be brought into, kept or used on Metropolitan Police Department
premises or in connection with department business or investigations unless
it has been registered on PD Form 298 (Attachment A) with the Administrative
Lieutenant of the relevant organizational unit. Privately owned surveillance
and recording equipment currently located on department premises must be
registered or immediately removed.
2. For
purposes of registration as herein provided, the term “surveillance and
recording equipment” means any telephone extension, device or bug, whether it
be mechanical, electrical, battery operated, wire or wireless, that will
intercept, eavesdrop, monitor, pick-up or record any oral conversation whatsoever,
except that tape recorders only are explicitly exempted.
3. Privately
owned surveillance and recording equipment which is only temporarily
brought into or left at a Metropolitan Police Department facility for a period
of time not to exceed a member’s tour of duty, and which is in transit for
private purposes, shall not he subject to registration.
PD FORM 298
REGISTRATION OF SURVEILENCE
PD
Form 298 10/81 AND RECORDING EQUIPMENT
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1.
Registered Owner |
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2.
Description of equipment (Including type of device, manufacturer, and serial number or identification marks) |
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(OVER)
RESTRICTIONS ON USE FOR POLICE PURPOSES
One party consent
interceptions or recordings require prior approval of the Inspectional Services
Office or other appropriate Police Department official, absent an emergency.
No content
interceptions or recordings require prior approval of the Inspectional Services
Officer and / or may require a court order.
Do not lend this
equipment for use in connection with Departmental business or investigations
without receiving explicit approval.
FAILURE TO OBSERVE THE ABOVE
RESTRICTIONS CONSTITUTES
A VIOLATION OF APPLICABLE GENERAL
ORDERS AND MAY ALSO
BE A CRIME. SEE GENERAL ORDER 304.4
I have read and
understand the forgoing including the provisions of General Order 304.4. and I
hereby agree to abide the conditions mentioned.
Signed Dated
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Publication |
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Effective Date |
Page Number |
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General
Order 304.4 |
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April
17, 1985 |
7
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E. Use
of Privately Owned Surveillance and Recording Equipment by Persons Other Than
its Registered Owner.
Privately owned
surveillance and recording equipment shall not be used in connection with
police department business or investigations except by its registered owner in
accordance with this order or with the explicit approval of the official then
in command of the relevant organizational unit. The approving official shall
ascertain and ensure that each and any such use is consistent with the
guidelines set forth in this order.
PART
II
A. Supervisors.
Supervisory
and command personnel shall ensure that any use of surveillance or recording
equipment by members of their respective elements is conducted in strict
accordance with the provisions of this order.
B. Inspectional Services Officer.
The
Inspectional Services Officer shall submit to the Chief of Police (by the sixth
calendar day of January) a report of all recording and surveillance activities
for the previous calendar year, that did not require court authorization but
were authorized under the provisions of this order.
Attachment
MTT:DMS:jtw GO 304.4
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METROPOLITAN POLICE
DEPARTMENT
Office of the Executive
Assistant Chief of Police
Operational Services
Memorandum 00-02
Date
Issued: May
4, 2000 Expires: Until Rescinded
Subject: Use of
Interception or Recording Devices
The purpose of this memorandum
is to remind members of your units, who are utilizing interception or recording
of wire or oral communications, to adhere to the procedures set forth in
General Order 304.4. It also amends this General Order 304.4 with several
changes that will remain in affect until the General Order is revised.
Members are submitting
applications for one party consent, in violation of established policy (through
departmental mail) or beyond the 14th day of approval, for extension
requests.
According to General Order
304.4, all one party requests for extension must be submitted within 14
days. After 14 days, investigations are to be closed out and an after action
report prepared. Any investigation utilizing a one party consent requires an
after action report be submitted through channels. Subsequently, this procedure
is not and has not been adhered to.
Effective immediately, all
members submitting one party consents are to follow the prescribed procedures
set forth within General Order 304.4. In addition, the following changes have
been included:
Ø All requests are to be submitted through
channels, with final approval made by the Assistant Chief of Police, Special
Services Command.
Ø
Requests
are to be hand carried to the Assistant Chief, Special Services Command or his
designee, for approval. Under no circumstances are one party consents to be
submitted through departmental mail.
Operational Services
Memorandum 00-02
Use of
Interception or Recording Devices
Ø
Members
are to be reminded that all one party consents are to contain the following
information:
a. Enough
information to identify the specific investigation involved. If the
investigation is confidential, a control number or the type of investigation
being conducted (e.g., gambling, narcotics) is sufficient;
b. The type of interception or recording (e.g.,
oral or telephonic) to be made;
c. The
date(s) the interception or recording is to take place. Approvals may be
granted to conduct investigation or recordings for a period not to exceed 14
days;
d. The name(s) of the person(s) who is consenting
to have the conversation recorded or intercepted. If the member is an
undercover officer or special employee, their identifying number shall be
given; and
e. The jurisdiction in which the recording or
interception is to take place. If the request is for a one party consent
recording or interception in the State of Maryland, the name of the person or
agency in that jurisdiction, under whose direction the requesting member will
conduct the operation shall be specified.
Ø
If an
extension is submitted for approval past the 14th day, it will be disapproved
and an after action report shall be required, prior to approval of a new
request.
Terrance W. Gainer
Executive
Assistant Chief of Police