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HomeMy WebLinkAboutContracts & Agreements_216-2024W/,Sh!^f y- \mIRNETAm'■'*■/'-.i L^- €C/. V. MEMORANDUM OF UNDERSTANDING Inland Regional Narcotics Enforcement Team (IRNET) Revised 10/23/2024 MEMORANDUM OF,1 UNDERSTANDING Inland Regional Narcotics Enforcement Team 1 1 1 (IRNET) Revised 12/13/202! 1 1 ARTICLE I.NAME,1 ARTICLE II.PURPOSE 1 ARTICLE III.EXECUTIVE BOARD 1 ARTICLE IV.AMENDMENTS TO THE MEMORANDUM OF UNDERSTANDING 1 DISTRIBUTION FROM FORFEITURE ACTIONS AND SEIZURE OF ASSETSARTICLEV..2 ARTICLE VI.FEDERAL LAW ENFORCEMENT ARTICLE VII.ORGANIZATIONAL OPERATING PROCEDURES A.Site Location B.Structural Command C.Case Initiation D.Enforcement Manpower E.Prosecutorial Support 1.Cross-Designation of Attorneys 2.Special Program Attorney F.Equipment Pool G.Request for Assistance H.Reporting Format I.Undercover Documents J.Operating Standards K.Personnel L.Life of this Agreement ARTICLE VIII.FISCAL PROCEDURE A.Special Appropriation Fund B.Asset Sharing :.. ARTICLE IX.ADMINISTRATIVE GUIDELINES A.Case Information B.Document Security C.Undercover Documentation D.Firearms E.Qualification F.Other Defensive Equipm ent 1.Handcuffs 2 3 3 ,3 ,3 3 3 ,3 ,3 ,3 .4 ,4 ,4 .4 A 5 .5 .5 .5 5 ,5 .6 .6 7 ,7 ,7 7 72.Equipment 3.Protective Garments 4.Op>eration Jackets G.Press Release H.Release of Information 1.General Information for Release 2.Information NOT for Release 1.Multi-Agency Administrative Concerns 1.Civilian Complaints 2.Employee Evaluation 3.Injuries Sustained On-Duty 4.On-Duty Motor Vehicle Accidents J.Administrative Policy ARTICLE X.INVESTIGATIVE GUIDELINES A.Outside Agencies -Requests For Assistance B.Notification C.Undercover Operations 1.Preparation and Planning 2.Determine Logistical Needs D.Use of Intoxicating Beverages/Drugs E.Investigative Expenses I.Narcotic Purchases 2.Program Maintenance 3.Operational Expenses F.Confidential Informant Procedures 1.Informant Files 2.Request Memorandum 3.Follow-up Memorandum G.Informant Identification H.Planning Operations Involving Infoimants... I.Undesirable Informants J.Shooting Incidents K.Evidence 1.Collection,Storage,and Testing ARTICLE XL FISCAL GUIDELINES A.Payroll Checks and Balances 1.Payroll 2.Sick Time 3.Overtime 7 7 7 8 8 8 9 9 9 9 9 9 10 10 10 11 11 11 13 14 14 14 14 14 15 15 16 16 17 17 17 18 18 18 18 18 18 18 Fiscal aiid Voucher Procedure 19B. 20SIGNATUREPAGES,ARTICLE XII. California Departmenl of Alcoholic Beverage Control Drug Enforcement Administration Federal Bureau of Investigations Montclair Police Department Ontario Police Department Redlands Police Department Rialto Police Department Riverside County Sheriffs Department San Bernardino Police Department San Bernardino County Sheriffs Department U.S.Department of Homeland Security Upland Police Department 20 21 22 23 .24 25 26 27 28 29 30 31 NAMEARTICLEI. The name of this organization shall be the Inland Regional Narcotics Enforcement Team (IRNET). PURPOSEARTICLEII. The purposes of this organization are: The identification and conviction of high-level drug traffickers and the seizure of assets derived through drug trafficking. The targeting,investigation,and prosecution of individuals who organize,direct,finance,or otherwise engage in high-level drug trafficking enterprises or money laundering with high priority emphasis on those subjects engaged in the importation of drugs for sale into San Bernardino and Riverside Counties. Members will conduct coordinated drug enforcement efforts thi'oughout the Inland Region, encouraging maximum cooperation between all law enforcement and prosecutorial agencies. EXECUTIVE BOARDARTICLEIII. An Executive Board will direct the affairs of this organization.The members of this Board will be the Sheriff of San Bernardino County,the Sheriff of Riverside County,the Chiefs of all participating Police Departments,and the Special Agents in Charge of the participating federal and state law enforcement agencies or their designees. Starting Januar>'1,2022,the IRNET Executive Board will attempt to meet bi-annually (two times a year).Due to scheduling conflicts,it is difficult to forecast yearly bi-annual meeting dates; however,the Executive Board must meet annually at a minimum.All meetings are scheduled at the Sheriffs Department Gangs/Narcotics Division Commander’s request to maintain this requirement. AMENDMENTS TO THE MEMORANDUM OF UNDERSTANDINGARTICLEIV. The Executive Board may amend any Article of this Memorandum of Understanding by a two- thirds (2/3)vote of the quorum. Page|1 ARTICLE V.DISTRIBUTION FROM FORFEITURE ACTIONS AND SEIZURE OF ASSETS IRNET investigators shall conduct thorough investigations,including identifying all assets qualifying for forfeiture proceedings.In every instance,civil and criminal forfeiture statutes will be explored. Assets seized federally are subject to an administrative cost of 20%for the Department of Justice 30%for the Department of Treasxir)^According to equitable sharing guidelines,any forms submitted for equitable sharing by agencies outside of IRNET will reduce IRNET agency percentages.Assets seized under State law are subject to an administrative cost of 35%for the State of California. or It is agreed that each IRNET participating agency may submit a claim for an equitable share of any remaining funds based on the participating agency's respective contribution to the IRNET organization.IRNET participating agencies agree that each agency will be awarded 3.502%per personnel assigned to IRNET.Sworn personnel assigned to IRNET are as follows:ABC -1, Montclair PD -1,Redlands PD -1,Rialto PD -1,Riverside SO -1,Ontario PD -1,San Bernardino PD -1,Upland PD -1,and San Bernardino County SO ~12.It is agreed that SBSD will receive an additional 21%,which will be returned to the IRNET program to cover operating costs,and an additional 12.462%,which will be used to pay Confidential Informants.'^Therefore, the agreed-upon equitable share of the assets seized shall be: ABC Share-3.502% San Bernardino PD Share -3.502% Montclair PD Share -3.502% Ontario PD Share -3.502% Redlands PD Share -3.502% Rialto PD Share -3.502% Riverside Sheriffs Dept.Share —3.502% Upland PD Share —3.502% SBSD Share-71,984% All IRNET participating members will be responsible for submitting their forms on behalf of their agency for an equitable share of seized assets.All returned assets will be distributed under applicable federal and stale law and follow the Guide to Equitable Sharing for State,Local,and Tribal Law Enforcement Agencies, FEDEIU^L LAW ENFORCEMENTARTICLEVI. Consistent with Article II,the Drug Enforcement Administration (DEA),Federal Bureau of Investigation (FBI),and Department of Homeland Security (DHS)are committed to working with IRNET in order to target high-level drug trafficking and money laundering organizations operating in San Bernardino and Riverside Counties.Each federal agency may designate one or more federal agents to be co-located with IRNET team members in order to facilitate coordination and cooperation betvs^een IRNET and tlie federal agency.Each designated federal agent shall operate consistent with his/her home agency policies regardless of whether those policies are consistent with Articles VII-XI.All forfeitures from any joint investigation between IRNET and DEA,FBI, or DHS shall be shared as outlined in Article V. Page |2 ARTICLE VII.ORGANIZATIONAL OPERATING PROCEDURES Site LocationA. The Executive Board will approve the site location of this project. Structural CommandB. The Sheriffs Department,Gangs/Narcotics Division,will assign a designee with the rank of lieutenant or higher.This person will report directly to the Executive Board on all matters of IRNET concern. Case InitiationC. All IRNET investigations shall regularly be reviewed by the Sheriffs Department Gangs/Narcotics Division lieutenant or his designee.The type of enterprise,the impact on the community,the current caseload,the available workforce and equipment,and workable investigative leads will determine the areas of discretion in setting priorities for these cases. Enforcement ManpowerD. This project will bring together the highest level of expertise from contiguous and,at times, overlapping jurisdictions to focus jointly on major drug trafficking.Personnel will generally be limited to 50 investigative officers. Prosecutorial SupportE, At the inception of this project,it shall be incumbent upon the Executive Board members to coordinate a firm and positive relationship between the United States Attorney and the State Attorney designees. Cross-Designation of Attorneys1. Cross-designating local and federal prosecutors may enhance collaboration between federal prosecutors and their state and local colleagues. Special Program Attorney2. As previously recommended,consistency on how to best proceed in certain instances could best be achieved by allowing the program direct access to one (1)attorney assigned for that specific purpose. Equipment PoolF. 'Ihe San Bernardino County Sheriffs Department will supply IRNET members with specialized items,mobile devices,and office equipment (desks,chairs,typewriters,file cabinets,phones, computers,office supplies,etc.). Page|3 The San Bernardino County Sheriffs Department will not supply vehicles to personnel assigned to the task force.Member agencies should assign vehicles appropriate for use in covert surveillance operations.All vehicle maintenance shall be the responsibility of the member agency.The participating agency should provide their investigator with a department radio and mobile device to assist with investigations. Request for AssistanceG. This program's policy is to respond to a request for case development assistance from any law enforcement agency whose situation demands expertise or resources beyond its existing limitations. Reporting FormatH. The San Bernardino County Sheriffs Department standard report forms and case report incident numbers shall be utilized for case development and to track program activity.An internal numbering system will also be used to account for all activities. Undercover DocumentsI Documents used to support or enhance undercover operations will be encouraged.These will include,but will not be limited to,driver's licenses,credit cards,checking accounts,and passports. Procuring,utilizing,and controlling these documents will ensure that they are properly accounted for and used only for authorized purposes. Operating Standards All matters governing operating procedures will balance civilians’rights and law enforcement's needs to detect,arrest,and prosecute individuals engaged in major illicit drug activity. J. Effective control of major illicit drug traffickers depends to a large degree on the close working relationship among agencies at all levels of law enforcement.Therefore,all IRNET personnel will assist to the fullest extent possible in developing inter-agency cooperation. PersonnelK. Their respective department head must approve the assignment of federal,state,and local officers to IRNET.With Executive Board approval,the commander or his designee of the Sheriffs Gangs/Narcotics Division may reject any nominee based on the officer's training,past performance,or other factors bearing on suitability. Federal,state,and local officers assigned to IRNET will work full-time unless special Executive Board arrangements have been made.Officers will be under the direct daily supervision of the Sheriffs Department Gangs/Narcotics Division lieutenant and follow all policies,procedures,and guidelines enacted explicitly by IRNET.Upon assignment to IRNET,all members shall read the IRNET policy manual.The member will sign an Inter-Office Memorandum (lOM)indicating they Page |4 read the policy.A copy of the lOM will be filed at IRNET and provided to the member.Should any IRNET policies or procedures conflict with their own department rules and regulations,the individual member will immediately bring said conflict to the attention of his/her IRNET supervisor.The supervisor will,in turn,bring the matter to the attention of the IRNET Manager, who will take the necessary action to rectify the situation. Life of this AgreementL, This agreement is effective on the date two of the parties of this agreement sign it.Any party may terminate their involvement with this agreement on 30 days advance written notice. ARTICLE VIII.FISCAL PROCEDURE Special Appropriation FundA, SBSD shall establish a Special Appropriation Fund to which members of IRNET may charge expenditures as necessary to perform the program's duties.In general,such charges shall include extraordinary or special expenses incurred in investigating major narcotics traffickers. This fund's utilization,responsibility,accountability,and control shall be determined exclusively by the lieutenant overseeing IRNET in the Sheriffs Department.It shall conform to standards as required by policy and procedure for the San Bernardino County Sheriffs Department.Federal agencies will adhere to federal law and respective agency policies and procedures for any expenditures and reimbursements of expenses incurred by or through the federal agent. Asset SharingB, IRNET will provide an audit trail showing that the assets seized are following applicable state and federal law.IRNET’s finance specialist will notify partner agencies of a seized asset so the required forms can be submitted. Each IRNET member agency will receive a monthly activity report,which will include activity and seizures by month and year to date. ADMINISTRATIVE GUIDELINESARTICLEIX. Case InformationA. Large-scale narcotics investigations are sensitive.Protecting sources of information and managing information about areas of narcotics/drug-related activity are essential.Information and reports will be disseminated on a need-to-know basis in compliance with existing state and federal laws and,when appropriate,with the Department of Justice guidelines. Page |5 Written reports are vital to the conduct of operations.They are a formal means of communicating among participating agencies,other agencies,and the court.In composing an investigation report, the officer should remember that it will be read by someone else and -wiW most likely form the basis for action or inaction by the reader.The report may also be read by someone seeking to discredit its contents or IRNET.Investigative reports will be completed promptly and describe activities fully,exactly,and plainly.All case reports will be kept in the IRNET office until the case’s conclusion. Statistical information regarding arrests and narcotics seized will be forwarded to the jurisdictional agency where such activity occurred to maintain proper information reporting procedures to the State Department of Justice. Questions about the appropriateness of releasing case infonnation will be referred to the lieutenant of IRNET. Document SecurityB. All reports and records will be designated "Confidential"(“Unclassified”for the FBI).When unattended,this material will be secured under lock and key.Access to all files is on a need-to- know basis. IRNET will not keep intelligence files.Case files actively being worked on will be kept under the direct security of IRNET until the investigation is concluded.Federal agencies will maintain their files in compliance with the Freedom of Information Act. If IRNET feels certain case information should be considered "intelligence,"the entire file v^ll be sent to the appropriate agency and filed under that department's guidelines for intelligence information. Investigative reports or official records will never be kept or stored outside the designated office of IRNET or the San Bernardino County Sheriffs Records Bureau. Reports will always be stored,and information will be disseminated strictly by applicable local state,and federal laws. Undercover DocumentationC Should IRNET require assigned officers to assume a covert identity,arrangements will be made to issue each IRNET officer as required: A California Driver's License;and1. Documents to support covert identification as they become available.2. The IRNET lieutenant will maintain records and photostatic copies of all identities issued to officers.These documents shall only be used while the officers are on duly and working in an official capacity,and the use of the covert identity is required to further the case.The IRNET lieutenant may deem additional documentation,such as credit cards,a credit rating Page |6 with TRW,a passport,or a social security card,to support identity.The need for these items will he evaluated on a case-by-case basis.In every situation requiring assigned officers to obtain undercover documentation,their respective department heads will be advised that the required application forms have been submitted. D.Firearms Every officer assigned to IRNET will carry a firearm following their department's policies and procedures.Officers may carr>'authorized firearms while off duty;however,applicable departmental policies about the use of firearms shall apply. Qualification The IRNET member’s department must approve any firearm an officer carries and meet minimum departmental qualifications.The San Bernardino County Sheriffs Department standards will apply if no departmental requirements exist,and officers will qualify on a trimester schedule. E. Other Defensive EquipmentF. Handcuffs Officers will carry A set of handcuffs when engaged in any enforcement activity (excluding undercover work). 1. Equipment The Board may authorize the purchase and use of equipment to assist IRNET in accomplishing its purpose. 2. Protective Garments All IRNET officers will have a bulletproof (protective)vest available.Officers shall wear their vests in arrest and search situations. 3. Operation Jackets Members of IRNET shall wear the approved operation jackets/vests durmg arrests, searches,and similar enforcement situations. 4. Press ReleaseG. IRNET will cooperate with the media to obtain information on matters of public interest.However, certain information must remain confidential to protect the accused's Constitutional Rights,avoid interfering with an IRNET investigation,or because it is legally privileged. Page |7 IRNET will function as a unit.All members will refer to themselves as members of IRNEl’.If asked what agency they are employed by,the member should identify their respective agency and their assignment to the “Inland Regional Narcotics Enforcement Team." The IRNET lieutenant will designate the "Press Information Officer."Members of IRNET will not release information to the press unless otherwise directed to do so by the IRNET lieutenant. Release of InformationH. The IRNET lieutenant will be available to assist in disseminating or coordinating such information. The facts of each situation will determine the information to be released and will be distributed at the direction of the Executive Board.Generally,a description of the circumstances which do not prejudice the rights of the suspect(s)or interfere with an investigation will be made. General Information for Release1. Type of crime (statutes violated,etc.)a. The extent of injury or damageb. Value of drugs seizedc. Date and time of crime discoveiyd. Length of investigatione. f.Suspect name and age,if adult Factual details of the incidentg- Information NOT for Release2. Prior criminal record,character,or reputation of accused.a. The existence or contents of any confession,admission,or statement given by the accused or failure of the accused to make any statement. b. The identity,testimony,or credibility of any prospective witnesses.c. The possibility of a plea bargain.d. Any opinion as to the guilt or innocence of the accused.e. Page |8 Multi-Agency Administrative ConcernsL Civilian Complaints1. Any complaint from an individual alleging misconduct by IRNET personnel will be directed to the IRNET lieutenant or,in his absence,a supervisor,and a written report will be submitted to the Sheriff’s Department Gangs/Narcotics Division commander for evaluation. The IRNET lieutenant will notify the officer's respective agency and facilitate their investigation of the incident. It will be the policy of IRNET to receive,record,and properly direct all citizen complaints against its members without exception. Employee Evaluation2. IRNET recognizes that all agencies have at least annual employee evaluations.When such evaluations are due,the affected employee's supervisor will assist the appropriate law enforcement supervisor in completing a fair and objective evaluation for the rating period. Injuries Sustained On-Duty3. When an IRNET officer is injured on duty,it will be necessary to follow the procedures required by the officer's agency,including notification of the specific agency involved.In emergencies,the officer will receive immediate medical attention most expediently.To assist the supervisors in ensuring an officer's injury is treated without unnecessary delay, officers assigned to IRNET will supply their supervisor with a packet containing the forms and application instructions for processing per Sheriffs Department policies and procedures. On-Duty Motor Vehicle Accidents4. If an IRNET Officer is involved in an accident while on duty,a long-form accident report will be completed by the jurisdictional agency.Copies will be forwarded to the officer's agency and the IRNET lieutenant for further review and necessar>'action.In any on-duty motor vehicle accident,whether injury or non-injury,the IRNET lieutenant or his designee will immediately notify the member agency so they can notify their appropriate Risk Management/Civil Liabilities Division per Sheriffs Department policies and procedures. Administrative PolicyJ, All members of IRNET will be expected to conform to their department’s policy and procedure and any additional policies and procedures set forth by IRNET (such as performance expectations, punctuality,and chain of command). Page |9 ARTICLE X.INVESTIGATIVE GUIDELINES Outside Agencies -Requests For AssistanceA. TRNET will respond to requests for case development assistance from any law enforcement agency whose situation demands expertise or resources beyond its existing capabilities.The IRNET lieutenant will review all such requests as soon as practicable after receiving them. The Sheriffs Department Gangs/Narcotics Division commander will be informed of all requests for assistance made by non-participating agencies. IRNET recognizes that Southern California's jurisdictional makeup lends itself to investigative overlay during narcotics case development.Therefore,IRNET will strictly adhere to the following notification procedures to minimize any chance of conflicting with the enforcement routine of the affected jurisdiction. NotificationB. Before opening an active case,IRNET will contact the local agency of jurisdiction and check to see if that department is already actively working on a case on the subject(s)of IRNET's investigation,IRNET will also contact adjacent jurisdictions and LACRCIC/WSIN to see if any agency has information on the subjects. After opening a case,IRNET will utilize the guidelines of LACRCIC/WSIN to identify the case and subjects being worked on,facilitating communications bctw'ccn investigating agencies and eliminating duplication of effort. IRNET will communicate closely with the affected jurisdiction throughout its investigation.If the agency in question has an open,active case centered on tliat target,IRNET will not open a separate case unless requested to do so by the affected agency.(See Requests for Assistance.) Note: When executing Search or Arrest Warrants,the following procedure will be followed,and,when appropriate,at least one uniformed officer from the jurisdictional agency will be requested and utilized. Members of IRNET will notify the jurisdictional agency Watch Commander regarding the type of activity,the location,and the approximate operation time. IRNET will also notify the narcotics detail of the affected agency: To prevent a duplication of effort.1. To protect undercover officers.2. A means to gather additional intelligence.3. Page|10 Undercover OperationsC IRNET,by its nature,will conduct undercover operations on numerous occasions.Specifically, this wall entail introducing undercover officers to narcotics traffickers to purchase drugs or infiltrate their organizations.The following guidelines will be adhered to as to ensure officer safety and proper case development (Federal agencies will additionally observe DOJ guidelines): Preparation and Planning1. Discuss the purpose and intention of the operation with your supervisor. Depending on the magnitude of the investigation,prior approval may be required from the IRNET lieutenant to the Executive Board. a. Determine Logistical Needs2. Manpowera. An IRNET supervisor will assess each case with the IRNET lieutenant to determine if special tactics or the utilization of a special weapons team will be required.Jurisdictional responsibilities will be recognized. Equipmentb. Communications1. Wireless Transmitter/Receiver with Recorder2. Helicopter3. Flash Roll4) Plan Formulationc. Indicate the scenario the Undercover Officer will utilize.1. Designate a Case Agent.2. Prepare a case history on the violators involved.3. Operational Pland. 1.The Case Agent will submit a written operational plan on all narcotics investigations,including buy/busts,arrest and search warrant service, and undercover surveillance cases.The IRNET lieutenant will approve all operational plans.In cases involving narcotics deliveries out of stale or reverse operations more than 10 kilos in weight,the captain of the Page|11 Sheriffs Department Gangs/Narcotics Division (SBCSD)will be notified before beginning the operation. 2.Plan Fonnat a.The written plan will include suspect infonnation,criminal history,pictures,vehicles,and associates. b.The suspect's method of operation and other criminal tendencies. c.Maps,diagrams,and addresses. 1.Clothing description 2.Undercover vehicle 3.Money flash vehicle. 4.Provide a description of the clothing of undercover officers and confidential informants,if involved. 5.Arrest and trouble signal (visual and audio) 6.List all officers involved,including their assignment and vehicle and equipment responsibilities. 7.Copies of the plan will be distributed to all involved officers. d.Notification of the law enforcement agency where the operation will take place will be noted on the plan,including who was notified. e.Communication channel frequency for the operation and necessary clearances from Central Dispatch.(An alternative frequency should be included in case of communication problems on the primary channel). f.Before starting,a complete briefing will be conducted utilizing the written plan. g.The sergeant assigned to the IRNET team will approve all operation plans before their implementation. Undercover Operation (U/C)c. The U/C will not deviate from the written plan unless he/she can obtain supervisory approval during the operation. 1. When the arrest signal is given,the U/C will not be involved in the actual arrest unless the situation dictates his/her intervention. 2. If the U/C is robbed by the suspects during the operation for the flash money,he/she will immediately give the trouble signal and rely on the cover/surveillance units to take appropriate action. 3. Page112 The U/C officer will never "front"any portion of the flash roll. Additionally,he/she will not "front"any special funds for narcotics purchases wthout prior supervisory approval. 4. The U/C officer will never meet with suspects in a narcotics investigation without proper surveillance and cover units.An IRJMET sergeant must notify and approve any meeting between a suspect and Cl. 5. Section 11367 of the Health and Safety Code provides immunity from prosecution to authorized peace officers or other agents while investigating violations of the Health and Safety Code. 6. Use of Intoxicating Beverages/DrugsD. IRNET Personnel will not use or possess any intoxicating beverage before reporting for duty to the extent that they are impaired,nor will they use intoxicating beverages while on duty. Members will adhere to their respective department policies for the use of intoxicating beverages.IRNET personnel,with the consent of their superior officer,may drink alcoholic beverages while on duty when necessary to accomplish a police purpose. IRNET personnel who have approval from a superior to drink while involved in a covert operation must: 1. a. Not drink to such a degree that their judgment may be impaired.1. Not drive a vehicle after such assigmnent,until reaching an appropriate state of sobriety. 2. IRNET personnel will ensure that all persons under their control and who have used alcoholic beverages can perform their tasks without becoming a danger to themselves or others. b. 2.IRNET officers shall not maintain drugs or paraphernalia for use or provide them for use. 3.IRNET personnel shall not use any narcotics or drugs.The only exception would be in a life- threatening situation.If in the best judgment of the employee,failure to use a drug or narcotic could result in death or serious injury,that employee may participate in the use.IRNET personnel will notify their supervisor if they are taking prescribed medication that may interfere with the performance of their job duties. During some covert investigations,it may become necessary to simulate the use of narcotics, for example,simulating the smoking of marijuana or the inhalation of stimulant drugs. Page|13 As soon as possible after use or simulation,a supervisor will examine the officer and,if necessary,medical personnel to determine the extent of intoxication or effect.A complete report by the officer and his supervisor will be submitted regarding the circumstances of the use of simulation and the effects thereof.Based on this examination and report,the IRNET lieutenant will take appropriate action, if necessary. a. 4.The investigative staff will ensure that informants under their direction have read and understood the provisions of the Confidential Agreement Form regarding the use of alcohol, drugs,and narcotics. Investigative ExpensesE. IRNET officers will expend program funds during narcotic investigations in the performance of their duties.This area includes narcotic purchases,program maintenance,and operational expenses.(Federal agents will adhere to their respective agencies'policies.) Narcotic Purchases1. With prior supervisory approval,IRNET officers will be available to expend funds for narcotics. Program Maintenance2. This will include meals,gasoline,lodging,and money for confidential informants and/or witnesses.Another officer will be present while disbursing these funds or obtaining a signed receipt from the recipient.This is to protect the credibility of IRNET officers.On rare occasions,it is conceivable that an officer will not be able to adhere to the above policy.In those instances,the officer can disburse funds and later advise a supervisor of the circumstances. Operational Expenses3. This will include officer expenses in an undercover capacity for food,gasoline,lodging, vehicle rental,special equipment,and any other item deemed necessary by the supervisor to enhance the successful completion of an operation. Confidential Informant ProceduresF. IRNET sergeants will be responsible for ensui'ing that investigative personnel follow the following procedures while utilizing informant operatives.While assigned to IRNET,federal agents responsible for managing IRNET informants will follow their respective agency’s policies while complying with the below-listed IRNET policies. Page|14 Informant Files1. An IRNET-coded file will be maintained on each informant operative,which will minimally consist of the following: Background Information Sheet and Photographa. CII and/or FBI Rap Sheetb. A report of the prospective investigations in which officers anticipate engaging the informant. c. A list of investigations in which the informant has participated.d. De-briefmg of current criminal activity that the infonnant knows.e. Copies of authorization and follow-up memorandums (if applicable).f. Informant files shall be kept pursuant to member agency policies and procedures. O' The IRNET lieutenant shall maintain a copy of informant files in compliance with the San Bernardino County Sheriffs Department policy. h. Request Memorandum2. The investigator wishing to use an informant who is currently charged or is going to be charged will initiate a memorandum requesting authorization: Memorandum addressed to the IRNET lieutenant and District Attorney or United States Attorney from an IRNET supervisor. a. Contain a summary of charges.b. Authorization from the arresting officer or agency.c. A general overview of proposed investigations (do not list the suspect's name). d. The type of investigative assistance the informant is expected to provide (information,obtain evidence,a covert operative,testify,etc.). e. A paragraph outlining the informant's understanding of the District Attorney's and IRNETs involvement specifically states that no promises of leniency or specific types of sentencing can be made,and the defendant must enter a guilty plea on the charges.The Court will ultimately handle the disposition and sentencing of the case with which he/she is presently f. Page|15 charged.The District Attorney and IRNET can only make recommendations based on their evaluation of the informant's participation in the investigations. Attachments:g- Informant's current CII and/or FBI Rap Sheet1. Confidential Agreement Form11. Consent Form111. Copy of Crime Reports (if possible)IV. Follow-up Memorandum3. After the investigations are completed,a follov^-up memorandum shall be written to the District Attorney or United States Attorney outlining the informant's assistance.It will contain the following: Present status of the case pending against the informant.a. Investigations.b. A general appraisal of aid rendered by the informant (very successful,did not meet the commitment,seemed insincere,etc.). c. If an informant fails to meet his/her commitments and make himself/herself available to and participate with the investigating officers,the IRNET lieutenant and District Attorney or United States Attorney will be advised immediately by inter-office memorandum,'fhe IRNET lieutenant shall review all follow-up and status memorandums written to the District Attorney or United Stales Attorney concerning the Confidential Informants and then hand-carry to the District Attorney or the United States Attorney. d. Informant IdentificationG. The informant's identity must always be known to the supervisor and IRNET lieutenant. 1.Officers are reluctant to divulge the names of their informants,so access to informant files must be limited to a "need-to-know basis"only. 2.Knowing the name of the informant is not enough.A complete identification package will be maintained. Page|16 Planning Operations Involving Informants Planning includes proper time,workforce,and logistical support. The case agent must control the direction of the operations and the informant.They must never have to act when there are not enough team members or equipment. H. 1. The entire relationship and direction must come from the officer.2. It is not uncommon for the informant to attempt to become involved in planning. a. The informant should not be present at briefings.b. Undesirable Informants/. When a case agent is aware an informant is undesirable,all contact with that informant should cease,and the reasons should be noted in his/her informant package.This information will be disseminated throughout the narcotic enforcement community. When a case agent determines it necessary,informants will be checked through LACRCIC/WSIN to see if they have been "blackballed"before utilizing them. Shooting Incidents Any member of IRNET who discharges his weapon during the performance of duty will immediately notify the: Jurisdictional agency of the area in which the discharge took place. J. 1. IRNET lieutenant or on-call Sheriffs Duty Captain.2. San Bernardino Sheriffs Duty Matrix and current officer-involved policies and procedures shall be complied with. a. The respective department's Watch Commander from which the officer is employed.3. In those cases where death or serious injury is related to an officer-involved shooting or the operation of a motor vehicle,the jurisdictional agency will handle the fiill investigation according to departmental policy and procedure. IRNET MOU does not supersede the policy of any member agency.4. Page I 17 EvidenceK, Collection,Storage,and Testing1. IRNET will utilize the facilities of the San Bernardino County Sheriffs Department to maintain a proper evidence chain on all items collected in pursuit of case preparation.All evidence obtained during an investigation will be tagged and placed in an appropriate evidence locker without delay. In addition,when handling seized narcotics or money,no less than two (2)officers will be detailed to move or count such contraband,Further,no less than two (2)officers will be allowed to maintain security on such items at any time after seizure and before placement in secure storage. As a matter of routine,the seized currency will be placed in a plastic bag designed for that purpose.The case agents will seal,date,and initial tliis receptacle,which will only be opened by the appropriate federal or slate agency. Under normal circumstances,currency seized because of IRNET investigations will be forfeited through a state or federal government agency.Because of this,the money will be turned over as soon as possible after the seizure,and they will conduct an exact count of the cash.Any deviation from these procedures will require the prior approval of the IRNET lieutenant. ARTICLE XI.FISCAL GUIDELINES Payroll Checks and BalancesA. Payroll1. Their respective agency will pay all personnel assigned to IRNET. Sick Time2. All personnel will utilize sick time following their agency's policies and procedures. Sick time will be reported to the IRNET supervisor.IRNET will notify the officer's agency to ensure proper notification and timekeeping. Overtime3. All personnel will attempt to contact/notify the supervisor for approval before working overtime. Page118 All personnel will,as required,work beyond their normal workday or respond on callouts as deemed necessary by the IRNET lieutenant or supervisor. Each local agency will have any overtime worked by their respective personnel assigned to IRNET reimbursed by the HIDTA grant up to the federal cap on overtime reimbursement,All overtime worked after HIDTA funds are expended will be the sole responsibility of each respective agency. Fiscal and Voucher ProcedureB. Investigative funds are authorized expenditures incurred by ofQcers while working undercover or on surt'eillance.They must directly relate to the continuing development of an investigation or informant.The Sheriff of San Bernardino County will provide the initial funding for this item,and funds will be distributed from the Sheriffs Department Special Appropriation Fund. A voucher will include a statement explaining why the money was spent.By signing the voucher,the officer attests to the validity and necessity of the expenditure. a.Date b.Amount c.Reason(s) d.Signature of requester It shall be submitted to a Sergeant for review and autliorization signature of the IRNET lieutenant. Page|19 SIGNATURE PAGESARTICLEXII. California Department of Alcoholic Beverage Control The signatures affixed below signify the California Department of Alcoholic Beverage Control agrees to the contents of this Memorandum. This Memorandum of Understanding outlines the organizational operating policies and procedures for the Inland Regional Narcotics Enforcement Team (IRNET). As Officers of the Executive Board and representatives of the IRNET member agencies,the signatures affixed below signify our agreement to the contents of this Memorandum: % Armando GonzalesT DivtSion Chief California Department of Alcoholic Beverage Control 11-6-24 Dale Page |20 Drug En/orcenmil Adiuinistratiou The signatures affixed below signify the Drug Enforcement Administration agrees to the contents of thisMemorandum. This Memorandum of Understanding outlines the organizational operating policies and procedures for the Inland Regional Narcotics Enforcement Team (IRNET). As Officers of the Executive Board and representatives of the IRNET member agencies,the signatures affixed below signify our agreement to the contents of this Memorandum: Matthew W.Alien,Special Agent in Charge Drug Enforcement Administration Page I 21 Federal Bureau of Investigations The signatures affixed below signify the Federal Bureau of Investigations agrees to the contents of this Memorandum. This Memorandum of Understanding outlines the organizational operating policies and procedures for the Inland Regional Narcotics Enforcement Team (IRNET). As Officers of the Executive Board and representatives of the IRNET member agencies,the signatures affixed below signify our agreement to the contents of this Memorandum: TeiiJoSs,Special Agent in Charge Federal Bureau of Investigations Date Page|22 Montclair Police Department The signatures affixed below signify the Montclair Police Department agrees to the contents of this Memorandum. This Memorandum of Understanding outIine.s the organizational operating policies and procedures for the Inland Regional Narcotics Enforcement Team (IRNET). As Officers of the Executive Board and representatives of the IRNET member agencies,the signatures affixed below signify our agreement to the contents of this Memorandum: ^Chi^of Policel^ij/f'olice DepartmentJasonlU^ Montcl Date Page |23 Ontario Police Department Tlie signatures affixed below signify the Ontario Police Department agrees to the contents of this Memorandum. This Memorandum of Understanding outlines the organizational operating policies and procedures for the Inland Regional Narcotics Enforcement Team (IRNET). As Officers of the Executive Board and representatives of the IRNET member agencies,the signatures affixed below signify our agreement to the contents of this Memorandum: Mike Lorenz Ontario PoliqjCDcpdrtttTent Date Page |24 Redlands Police Department The signatures affixed below signify the Redlands Police Department agrees to the contents of this Memorandum. This Memorandum of Understanding outlines the organizational operating policies and procedures for the Inland Regional Narcotics Enforcement Team (IRNET). As Officers of the Executive Board and representatives of the IRNET member agencies,the signatures affixed below signify our agreement to the contents of this Memorandum: DateTolbcr,Chief of Police Redlands Police Department Page |25 Rialto Police Department The signatures affixed below signify the Rialto Police Department agrees to the contents of this Memorandum. This Memorandum of Understanding outlines the organizational operating policies and procedures for the Inland Regional Narcotics Enforcement Team (IRNET). As Officers of the Executive Board and representatives of the IRNET member agencies,the signatures affixed below signify our agreement to the contents of this Memorandum: DateMarkKliig,Ch of Police Rialto Poli ;e Def irtment Page|26 Riverside County Sheriff's Department The signatures affixed below signify the Riverside County Sheriffs Department agrees to the contents of this Memorandum. Thi s Memorandum of Understanding outlines the organizational operating policies and procedures for the Inland Regional Narcotics Enforcement Team (IRNET). As Officers of the Executive Board and representatives of the IRNET member agencies,the signatures affixed below signify our agreement to the contents of this Memorandum: > DateChadBianco»SherifT-C^nerRiversideCoimtySherifirsDepartment Page |27 San Bernardino Police Department The signatures affixed below signify the San Bernardino Police Department agrees to the contents of this Memorandum. This Memorandum of Understanding outlines the organizational operating policies and procedures for the Inland Regional Narcotics Enforcement Team (IRNET). As Officers of the Executive Board and representatives of the IRNET member agencies,the signatures affixed below signify our agreement to the contents of this Memorandum: DateDarrenGoodman^Chief of Police San Bernardino Police Department Page |28 San Bernardino County Sheriff's Department The signatures affixed below signify the agencies agreed to the contents of this Memorandum. This Memorandum of Understanding outlines the organizational operating policies and procedures for the Inland Regional Narcotics Enforcement Team (IRNET). As Officers of the Executive Board and representatives of the IRNET member agencies,the signatures affixed below signify our agreement to the contents of this Memorandum: 0 Shannon D.Dicus/SEeriff-Coroner San Bernardino County Sheriffs Department Page |29 U.S.Department of Homeland Security The signatures affixed below signify the U.S.Department of Homeland Security agrees to the contents of this Memorandum. This Memorandum of Understanding outlines the organizational operating policies and procedures for the Inland Regional Narcotics Enforcement Team (IRNET). As Officers of the Executive Board and representatives of the IRNET member agencies,the signatures affixed below signify our agreement to the contents of this Memorandum: Eddy Wang,Special Agent in Charge U.S.Department of Homeland Security Date Page |30 Upland Police Department The signatures affixed below signify the Upland Police Department agrees to the contents of this Memorandum. This Memorandum of Understanding outlines the organizational operating policies and procedures for the Inland Regional Narcotics Enforcement Team (IRNET). As Officers of the Executive Board and representatives of the IRNET member agencies,the signatures affixed below signify our agreement to the contents of this Memorandum: K.3.. DateIVfarccloM.Blanco,Chief of Police Upland Police Department Page |31