Iowa Administrative Code › Agency 661 - Public Safety Department › Chapter 81 - Criminal Intelligence Information › Rule 661-81.1 - Definitions

Current through Register Vol. 47, No. 3, July 24, 2024
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.