1. A peace officer
utilizing a confidential informant should take reasonable steps to ensure the
safety of the confidential informant and shall document that relationship using
a written informant agreement agreed to by the parties prior to any controlled
buy, controlled sale, or in-person surreptitious recording taking
2. A peace officer shall
review the confidential informant agreement with each confidential informant.
Each informant agreement must be in writing on a form approved by the board and
must be signed by the confidential informant and the controlling agent who must
be a peace officer. The peace officer shall maintain and control access to the
written informant agreement.
peace officer shall keep all confidential informant records secret with access
limited to persons with a need to know or subject to a court order for
4. When a controlling
agent gets removed from an investigation using a confidential informant, that
peace officer shall document this information on the informant agreement and
notify the confidential informant. If the investigation continues, the peace
officer assuming control of the confidential informant shall enter a new
informant agreement with the confidential informant.
5. A peace officer who is acting as the
controlling agent for a confidential informant shall request a criminal history
report on all known target offenders of the investigation and verbally report
the propensity for crimes of violence for each target offender to the
controlling agent shall provide an operational/safety plan for each controlled
buy, controlled sale, or in-person surreptitious recording attempted by a
7. A peace
officer shall inform a paid confidential informant in writing of the
compensation amounts prior to any controlled buy, controlled sale, or in-person
surreptitious recording taking place.
8. A peace officer may not have any sexual
contact or sexual relationship with any confidential informant.
9. A peace officer shall communicate to the
confidential informant, if possible, when the confidential informant is
deactivated. A peace officer shall enter a dated, written notation on the
informant agreement when the confidential informant is deactivated.
10. A peace officer may not violate North
Dakota Century Code chapter 29-29.5.
11. A reserve peace officer may not utilize