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D.C. Municipal Regulations (Last Updated: September 13, 2017) |
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Title 24. PUBLIC SPACE AND SAFETY |
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Chapter 24-27. METROPOLITAN POLICE DEPARTMENT INVESTIGATIONS OF CRIMINAL ACTIVITY CONDUCTED UNDER THE GUISE OF FIRST AMENDMENT ACTIVITIES |
Section 24-2705. FULL INVESTIGATIONS
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2705.1A full investigation may be initiated when there is reasonable suspicion to believe that the persons, groups, or organizations to be investigated are planning or engaged in criminal activity that would threaten public safety or the security of the city. A full investigation may be conducted to prevent, solve or prosecute such criminal activity.
2705.2Reasonable suspicion is a belief based on articulable facts and circumstances indicating a past, current, or impending violation of law. The reasonable suspicion standard is lower than the standard of probable cause; however, a mere hunch is insufficient as a basis for reasonable suspicion. A suspicion that is based upon the race, ethnicity, religion, national origin, lawful political affiliation or activity, or lawful news-gathering activity of an individual or group is not a reasonable suspicion. In determining whether there is reasonable suspicion of a criminal act an investigator may take into account any facts or circumstances that a prudent investigator would consider.
2705.3The standard for opening a full investigation is satisfied where there is not yet a current substantive or preparatory criminal act, but there is reasonable suspicion to believe that the persons, groups, or organizations to be investigated are planning or engaged in criminal activity that would threaten public safety or the security of the city.
2705.4Any lawful investigative technique may be used in a full investigation, subject to the requirements and limitations of sections 2704 and 2706, but reasonable precautions should be taken to minimize interference with First Amendment activities without impairing the success of the investigation; except that the following techniques may be used in an authorized investigation after written approval and authorization is obtained from the Chief of Police or designee:
(a)Wire Interception and Interception of Oral Communications, as defined in D.C. Official Code § 23-541;
(b)Undercover officers and informants; and
(c)Mail covers, mail openings, pen registers, and trap and trace devices.
2705.5A full investigation must be authorized in writing by the Executive Director, Intelligence Fusion Division, or the appropriate supervisor of similar rank, including the Watch Commander for the Intelligence Fusion Division (who possesses the same authority as the Commander), upon a written recommendation setting forth the facts or circumstances that create a reasonable suspicion that a criminal act has been, is being or will be committed; and describing the relevance of the First Amendment activities to the recommended investigation.
2705.6A full investigation may be initially authorized for a period of 120 days. An investigation may be continued upon renewed authorization every 120 days, up to one year. Renewal authorization shall be obtained from the Executive Director, Intelligence Fusion Division. All requests for renewal authorization and action thereon, shall be in writing, shall describe the information already collected, and shall demonstrate that an extension is reasonably necessary to pursue the investigation. The Chief of Police shall approve investigations open for more than one year in writing, and shall state the justification for the investigation.
2705.7Authorizations shall be reviewed, every 2 months, by a panel consisting of the Assistant Chief, Intelligence Fusion Bureau, Executive Director, Intelligence Fusion Division, commanding officer of the Intelligence Section and the General Counsel, before the expiration of the period for which the investigation or any renewal thereof, has been authorized.
2705.8An investigation that has been terminated may be reopened upon a showing of the same standard, and pursuant to the same procedures, as required for initiation of an investigation. All requirements regarding investigations shall apply to reopened investigations. Any information pertaining to people found to be not associated with the criminal activity will be destroyed.