The following definitions apply to rules
661-81.1 (692) through
661-81.5 (692).
"Criminal intelligence file" means information
stored in a criminal intelligence system that is compiled in an effort to
anticipate, prevent, or monitor possible criminal activity on:
1. An individual who, based upon reasonable
grounds, is believed to be involved in the actual or attempted planning,
organization, financing, promotion, or commission of criminal acts or is
believed to be involved in criminal activities with known or suspected criminal
offenders.
2. A group, organization
or business which, based on reasonable grounds, is believed to be involved in
the actual or attempted planning, organization, financing, promotion, or
commission of criminal acts, or of being illegally operated, controlled,
financed, promoted, or infiltrated by known or suspected criminal
offenders.
3. An incident in which
sufficient articulable facts give a trained law enforcement or criminal
investigative agency officer, investigator, or employee a basis to believe that
a definable criminal activity or enterprise is, has been, or may be committed.
"Criminal intelligence file" does not include surveillance data
as defined in Iowa Code section
692.1.
"Criminal intelligence system " means the
arrangements, equipment, facilities, and procedures used for the receipt,
storage, interagency exchange or dissemination, and analysis of criminal
intelligence information.
"Need to know" is established if criminal
intelligence information will assist a recipient in anticipating,
investigating, monitoring, or preventing possible criminal activity or if
criminal intelligence information is pertinent to protecting a person or
property from a threat of imminent serious harm.
"Noncriminal identifying information " means
information about the characteristics and associations of an identifiable
person suspected of being involved in criminal activity.
"Reasonable grounds" means information that
establishes sufficient articulable facts that give a trained law enforcement or
criminal investigative agency officer, investigator, or employee a reasonable
basis to believe that a definable criminal activity or enterprise is, has been,
or may be committed.
"Right to know" is established when a
recipient of criminal intelligence information is legally permitted to receive
intelligence data or an intelligence assessment.
"Surveillance data " means information on
individuals, pertaining to participation in organizations, groups, meetings or
assemblies, where there are no reasonable grounds to suspect involvement or
participation in criminal activity by any person. Noncriminal identifying
information does not constitute surveillance data.
"Threat of imminent serious harm " means a
credible impending threat to the safety of a person or property. A threat of
imminent serious harm justifies the dissemination of intelligence data or an
intelligence assessment for the purpose of protecting a person or property from
the threat.
