HomeMy WebLinkAboutMOUMemorandum of Understanding
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MEMORANDUM OF UNDERSTANDING
CHP ORIGINATED DRUG INVESTIGATIONS
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This is a Memorandum of Understanding (MOU) between the National City Police
Department (NCPD), hereafter known as the "Signatory Agency" and the California
Highway Patrol (CHP) San Diego Area regarding narcotics investigations originated by
the CHP.
PURPOSE
The purpose of this MOU is to establish when the Signatory Agency should be notified
and offered the opportunity to handle drug investigations originated by the CHP.
CALL OUT PROCEDURES
The CHP San Diego Area will notify and request on -scene assistance from the
Signatory Agency when one or more of the following circumstances occur:
1. Arrest or preliminary investigation indicates a violation of state law which results or
could result in an asset seizure pursuant to Section 11470 of the Health and Safety
Code (HSC) (i.e., possession for sale, transportation, manufacturing, or conspiracy
related to drugs) or federal law pursuant to Title 21 of United States Code (USC),
Section 881 or Title 18 USC, Section 981 (drug trafficking or money laundering
offenses).
2. Arrest or preliminary investigation indicates one or more of the following:
A. Evidence of drug manufacturing operations.
B. Money linked to drug transactions (Minimum currency amount for call -out of
the Signatory Agency may be specified).
C. Amount of drugs makes conveyance seizable (Section 11470(e) HSC):
i. 14.25 grams (half ounce) or more of heroin or cocaine base, or a
substance containing 14.25 grams or more of heroin cocaine base
(rock cocaine).
ii. 57 grams (two ounces)' or more of a substance containing powder
cocaine, methamphetamine, or other Schedule I or II controlled
substances, except marijuana, peyote, or psilocybin mushrooms.
iil. 10 pounds or more dry weight of marijuana, peyote, or psilocybin
mushrooms.
' Only one ounce (28.5 grams) of pure" powder cocaine of methamphetamine is
required; however, as a practical matter there will be no way to determine purity in the
field.
Memorandum of Understanding
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D. Any conveyance containing a false compartment used or intended to be used
to store, conceal, smuggle, or transport a controlled substance (Section
11366.8 HSC).
3. All drug arrests requiring supplemental or follow-up investigation.
EXPECTATION
It is the expectation of the CHP when the Signatory Agency is notified of drug
investigations which meet the aforementioned criteria, the Signatory Agency will
accomplish the following:
1. Either telephonically decline to respond or arrive at the scene or local CHP Area
office within the jurisdiction of the Signatory Agency within 15 minutes of notification.
Upon the arrival of the Signatory Agency, they may decline to handle the
investigation to its conclusion. By no means shall the Signatory Agency be obligated
to handle drug investigations originated by the CHP.
2. If accepted, the Signatory Agency shall prepare a thorough and comprehensive
investigation into the related incident and initiate any necessary supplemental
investigation, including any asset forfeiture proceeding pursuant to Sections 11470
et al HSC. A copy of the investigative report is to be provided to the San Diego CHP
Area, attention "Asset Forfeiture Coordinator."
3. If not accepted, the CHP will handle the investigation, including any asset forfeiture
proceedings, to conclusion utilizing Area and/or Division resources and will be
entitled to the full enforcement share pursuant to Section 11489(b)(2)(A) HSC.
4. Refer non -qualifying state cases to the appropriate federal agency for evaluation
and possible adoption.
CASH SEIZURES
When cash seizures are made by the CHP, the CHP will maintain control of the cash
until a true and accurate count is obtained. If the sum of cash is too large to count at
the scene, it is to be bagged and tagged and retained by the CHP until it can be
counted. A representative from the involved allied agency should be present at the
money count. Appropriate approvals outlined in CHP policy will be obtained for any
deviation form this procedure.
EQUITABLE SHARING
The CHP and the Signatory Agency will negotiate equitable share of the asset forfeiture
proceeds to reflect the proportionate contribution of each agency participating in the
seizure. If the agencies cannot agree, the District Attorney shall be the decisive
arbitrator for State forfeitures. For Federal forfeitures, the lead Federal agency's
sharing policies/procedures shall prevail.
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INDEMNIFICATION
CHP shall indemnify and hold harmless NCPD, their agents and employees, from and
against all claims, damages, losses, and expenses, including attorney's fees, arising out
of or resulting from the performance by CHP of the services specified in this Agreement
which are caused by any negligent act or omission of CHP, any subcontractor of CHP,
or anyone directly or indirectly employed by CHP or its subcontractors.
Furthermore, NCPD shall indemnify and hold harmless CHP, their agents and
employees, from and against all claims, damages, losses, and expenses, including
attorney's fees, arising out of or resulting from the performance by NCPD of the services
specified in this Agreement which are caused by any negligent act or omission of
NCPD, any subcontractor of NCPD, or anyone directly or indirectly employed by NCPD
or its subcontractors.
DURATION AND TERMINATION PROVISIONS
Any party to this agreement desiring to terminate its participation shall notify each
signatory to this agreement in writing of their intent to withdraw. Withdrawal from
participation in this agreement shall not take effect less than ten (10) days from the date
of said notification.
The parties, evidenced by their signature hereto, agree that this MOU shall be effective
upon approval and shall remain in full force and effect until any party withdraws from
participation. It is further acknowledged by all parties that certain portions of this
agreement may require amendments during the term of this MOU if their governing
bodies so direct.
If any provisions of this MOU is held invalid or unconstitutional, such decision shall have
no effect on the validity of the remaining provisions of the MOU, and such remaining
provisions shall continue to remain in full force and effect.
AGREED HERETO BY ALL PARTIES WHOSE SIGNATURES APPEAR BELOW:
MANUEL RODRIGUEZ Date M.J. GUTHRIE, Captain Date
Chief of Police Commander
City of National City San Diego Area
California Highway Patrol