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Orange County Sheriff - Custody Informant Program, 2017

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Custody Informant Program
Integrity without compromise, Service above self, Professionalism in
the performance of duty, Vigilance in safeguarding our community.

• Eliciting statements from charged and
represented defendants violating Massiah
• Brady violations
• Unchecked custodial informant program
• Lack of documentation and or record keeping
• Discovery Request responses hindering due

Past Practice
Note: information was not provided by those who testified during the hearing


Arranged inmate/informant movement to garner information
to bolster cases for various agencies
• Handled informants internally by gathering notes and sharing
w/DA without creating a file
• Minimal documentation of informant work product (notes
• Minimal records or notations related to informant activity

Past Practice


Note: information was not provided by those who testified during the hearing

• In specific cases (noted in DeKraai hearing) it appears DA
was aware of informant activity and supported
operations. Deputies handling informants lacked training
and understanding of case law
• Records which are kept are not well organized
– Ad Seg and PC inmates some of whom have been
sources of information

Moving Forward

Department policy
CCOM policy
Spec Ops created an outside agency agreement
Documentation procedures developed and include
Training to all classification staff included
– Confidential Informants and 6th amendment

• Course also developed for all personnel
• Improved coordination with subpoena desk and DA
– Discovery protocol developed

Moving Forward
• All informant activities will be documented including
work product, movement, notes, and items to DA
• Record keeping will be electronic with a file created
for all ongoing activity for specific sources of
information (in collaboration with investigations).
• Continuous training of assigned personnel.