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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 24-2706. INVESTIGATIVE TECHNIQUES
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2706.1Nothing in these rules shall be interpreted as prohibiting any MPD member, in the course of his or her duties, from visiting any place, and attending any event that is open to the public, or reviewing information that is in the public domain, on the same terms and conditions as members of the public, so long as the member has a legitimate law enforcement objective; provided, that any undercover activities shall be authorized as required by sections 2704 and 2705. When conducting investigations under these rules, MPD may use any lawful investigative technique. All requirements for the use of such methods under the Constitution, applicable statutes, and MPD regulations or policies must be observed.
2706.2Where the conduct of an investigation presents a choice between uses of more or less intrusive methods, MPD investigators shall consider whether the information could be obtained in a timely and effective way by the less intrusive means.
2706.3Undercover officers and informants shall not:
(a)participate in unlawful acts or threats of violence; using unlawful techniques to obtain information;
(b)initiate, propose, approve, direct, or suggest unlawful acts or a plan to commit unlawful acts;
(c)be present during criminal activity or remain present during unanticipated criminal activity, unless it has been determined in advance by an Intelligence Unit official to be necessary for the investigation;
(d)engage in any conduct the purpose of which is to disrupt, prevent, or hinder the lawful exercise of First Amendment activities;
(e)attend meetings or engage in other activities for the purpose of obtaining legally privileged information, such as attorney-client communications or physician- patient communications; and
(f)record or maintain a record concerning persons or organizations who are not a target of the investigation or preliminary inquiry, unless the information is material to the investigation or preliminary inquiry, or the information would itself justify an investigation or preliminary inquiry under these rules.