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INTERLOCAL
INTERLOCAL AGREEMENT
INTERAGENCY NARCOTICS ENFORCEMENT TEAM
1. INTRODUCTION
This Agreement is made and entered into in the State of Washington pursuant
to the provisions of Chapter 39.34 Revised Code of Washington by and
among the Washington counties, cities and towns listed in Exhibit A attached
hereto (the "Members"). No new or separate legal or administrative entity is
created by this Agreement.
2. RECITALS
The purpose of this Agreement is to define the goals of the organization
commonly known as the Interagency Narcotics Enforcement Team (INET), to
wit:
a. To detect and apprehend illegal drug manufacturers and traffickers;
b. To gather and disseminate, to the fullest extent permitted
by law, information related to illegal drug activity; and
C. To enhance and maintain cooperative efforts among the
county's criminal justice agencies in the areas of illegal
drug control, gang activity, criminal enterprises and Drug
Trafficking Organizations.
3. AGREEMENT
In consideration of the mutual promises contained herein, the parties to this Agreement agree
as follows:
3.1 Parent Agency
The "parent agency" shall be the Grant County Sheriffs Office
(GCSO). The GCSO shall have management responsibility for
INET. PROVIDED: In the event the GCSO declines to serve as
the parent agency and convey management responsibility to
another participating agency, such agency shall become the
designated parent agency.
3.2 INET Administrative Board
The INET unit created pursuant to this Agreement shall have oversight from an
INET Administrative Board. The INET Administrative Board shall be composed of:
a. The Grant County Sheriff and/or his designee, who shall be its
chair, and
b. The chief law enforcement officer and/or his
designee of each member providing manpower on a
permanent basis to the INET.
BOARD OF COUNTY COMMISSIONERS
Grant County, Washington
RESOLUTION AUTHORIZING RESOLUTION No. 21- D I g -CC
EXECUTION OF INTERLOCAL
AGREEMENT BETWEEN GRANT
COUNTY, GRANT COUNTY SHERIFF'S
OFFICE, QUINCY POLICY DEPT, WA
STATE PATROL
WHEREAS, Chapter 39.34 RCW, the Interlocal Cooperation Act, permits local governmental
entities to make the most efficient use of their powers by enabling them to cooperate with other localities
on a basis of mutual advantage, for the purposes of providing services and facilities in a manner and
pursuant to forms of governmental organization that will accord best with geographic, economic,
population and other factors influencing the needs and development of local communities; and
WHEREAS, Grant County, Washington, a political subdivision of the State of Washington, by
and through Grant County Sheriff's Office, Quincy Policy Department and the Washington State Patrol
are vested with authority to enter into an interlocal agreement pursuant to chapter 39.34 RCW; and
WHEREAS, the County desires to enter into an agreement for the purpose of defining the goals
of the organization commonly known as the Interagency Narcotics Enforcement Team (INET).
WHEREAS, the County, Grant County Sheriff's Office, Quincy Policy Dept and Washington
State Patrol desire to memorialize the terms and conditions of the Agreement between the parties
regarding the agreement.
NOW, THEREFORE, BE IT RESOLVED, that the Interlocal Agreement defining the goals of
INET between Grant County, Grant County Sheriff's Office, Quincy Policy Dept and the Washington
State Patrol be executed by and between the aforementioned parties on November 16, 2020.
PASSED AND ADOPTED this [qday of March, 2021
BOARD OF COUNTY COMMISSIONERS
Yea Nay Abstain T COUNT , WASHINGTON
d ❑ ❑
Cindy C er, Chair
ATT ST:
Barbara J Diez ❑ ❑
Clerk of t Pear
�" p
Danny Stone, Vice -Chair
Ro J , Member
RECEIVED
HAIR - 8 2021
(49ANT COUNTY COMMISSIONERS
2
INTERLOCAL AGREEMENT
INTERAGENCY NARCOTICS ENFORCEMENT TEAM
Page 2 of 7
The INET Administrative Board shall meet no less than once each calendar quarter.
Additional meetings may be called by the chair or upon the request from any member to
the chair. In matters submitted to the INET Administrative Board for a vote, each
member will have one vote, as per WA RCW 39.34.030 (Joint Powers). Therefore, a
quorum for the INET Administrative Board shall consist of any three (3) voting
members.
3.3 INET Management
The parent agency will be responsible for providing management and supervision of
the INET personnel and operations. Such supervision will consist of at least an INET
Project Commander (Chief Deputy) and an INET Unit Supervisor of the rank of
Sergeant or higher, with both selected by the parent agency from the GCSO staff.
Under the direction of the parent agency,
The Project Commander will:
a. Be accountable for the planning and management of operational
activities; and
b. Be responsible for budget or grant preparation, request
control and reporting.
The Unit Supervisor will
a. Direct the day to day activities of INET including, but not
limited to:
(i) Assignment of investigations and other tasks to unit personnel;
(ii) Scheduling of personnel for INET activities;
(iii) Review and approval of investigative reports;
(iv) Supervision of personnel; and
(v). Coordinate the INET liaison with other law enforcement
agencies.
b. Be the principal liaison between the task force and the assigned
Prosecutor(s) in the Prosecuting Attorney's Office concerning screening
and presentation of cases.
3.4 INET Personnel
Personnel must be certified police officers and assigned by their respective agencies to
INET. Support personnel and civilians shall meet the hiring standards of the Grant
County Civil Service Commission.
3.5 INET Evidence Handling
Evidence seized by INET within Grant and Adams Counties will be the responsibility of
the GCSO. Evidence handling, storage and disposal will be as followed:
a. All evidence will be maintained by the Grant County Sheriff's Office.
INTERLOCAL AGREEMENT
INTERAGENCY NARCOTICS ENFORCEMENT TEAM
Page 3 of 7
b. Evidence seized by INET personnel shall be maintained by the seizing
detective or INET supervisor. Such evidence shall be packaged,
marked and delivered to the Grant County Sheriff's Evidence Room,
or temporary evidence locker at the INET Office, by the end of shift.
If the temporary evidence storage locker at the INET Office is utilized,
the evidence shall be entered into the Grant County Sheriff's Office
Evidence Room the following business day.
C. Seizures of narcotics in excess of one half kilogram will be handled by
two detectives and will be delivered to the Grant County Sheriff's
Evidence Room as soon as possible after the seizure and prior to the
end of shift.
d. All evidence shall be packaged, sealed and marked with the case
number, date of seizure, weight of product, and initialed by the seizing
detective prior to entering the evidence into the Evidence Room.
e. Evidence seized as a result of a methamphetamine lab shall be
handled according to Department of Ecology requirements.
f. Any money found and/or seized shall immediately be called to the
attention of the Unit Supervisor. The monies shall be counted by the
seizing Detective and verified by the Unit Supervisor. Money seized
shall be packaged as evidence, with the amount listed on the outside of
the package and appropriate Grant County Sheriff's Office money
accounting form completed.
g. All vehicles seized will be inventoried for personal property. The
contents of the vehicle will be inventoried at the time of seizure or if a
search warrant is to be served after the search is completed.
3.6 INET Property Forfeiture
a. When property, both real and personal, is seized for forfeiture in a case
that arose from a joint investigation or arrest by INET, the Unit
Supervisor will be responsible for the transfer of such property,
document preparation, and records keeping functions associated with
such forfeiture.
b. Whenever property, both real and personal, is seized or forfeited, it
shall be disposed of in accordance with the provisions of RCW
69.50.505 and Byrne Grant requirements. The GCSO shall ensure the
equitable transfer of any seized and forfeited property to all
participating agencies. The GCSO shall remit to the State of
Washington the required ten percent (10%) assessment of all seizures
(January of each year). The remaining ninety percent (90%) shall
then be available for the following distribution:
i. 75% required by Byrne Grant to support the task force; and
INTERLOCAL AGREEMENT
INTERAGENCY NARCOTICS ENFORCEMENTTEAM
Page 4 of 7
Ii. As agreed upon by participating agencies, remaining monies
shall be deposited to the INET 109 Drug Fund Account and/or
disposed of in accordance with Federal or State law.
C. Any disagreement pertaining to a decision of the Grant County
Sheriff's Office pursuant to these provisions for transfer of seized or
forfeited property shall be settled by arbitration, pursuant to the
provisions of chapter 7.04 RCW.
d. The audit of forfeiture records will be performed in accordance with the
policy and procedure set forth by the GCSO, at the discretion or request
of any involved agency,
3.7 Participation in INET
a. INET participants will furnish the following resources:
J. The GCSO shall provide overall supervision to include a
Division Commander (Special Operations), full-time Sergeant,
full-time detective and support services. Grant County provides
matching funds for support and services.
ii. Quincy Police Department shall provide a full-time detective.
iii. Washington State Patrol shall provide a full-time detective.
iv. - .
b. Police officers of member entities assigned to INET will report their general
activity to their respective departments as that member department may
require, INET has a policy and procedure manual for working narcotics
which all team members are issued and sign for. Each member is bound by
their individual department policies and procedures in other areas.
C. The INET Unit Supervisor will not allow overtime wage obligations to be
generated by officers assigned to INET without the prior approval of the
head of that officer's department or other supervisor designated by the head
of that department as having authority to authorize overtime.
d. All personnel assigned to INET functions shall be under the management
and supervision of the of the parent agency until withdrawn by the providing
agency. Personnel performing work under this Agreement shall remain
under the command and control of their providing agency, and shall perform
duties required under this Agreement in the manner consistent with the
providing agency's policy and regulations. The details of all INET
procedures and operations shall be under the direction of the parent agency.
e. All members shall maintain liability insurance, including false arrest
coverage, covering tortuous conduct by its police officers assigned to INET
with minimum limits of $1,000,000.00. Any other member may demand
proof of such insurance from any or all other members
INTERLOCAL AGREEMENT
INTERAGENCY NARCOTICS ENFORCEMENTTEAM
Page 5 of 7
prior to participation in the INET.
3.8 Withdrawal from INET
It is agreed, acknowledged and understood that any party hereto may withdraw from this
Agreement at any time by giving 30 days' notice, in writing, of intentions to do so to the
Advisory Board Chairman. In the event of such withdrawal, the Agreement shall remain in
full force and effect as to all remaining parties.
3.9 Attachments
Signatures of authorized officials of participating agencies, as well as identification of
agencies, who agree to participate in the activities of the Task Force are listed in Exhibit
A (attached hereto and incorporated herein).
The participating agencies listed in Exhibit A also agree to participate in the activities of the
Task Force according to Exhibit B, INET Work Plan (attached hereto and incorporated
herein) and the grant application by providing signatures of authorized officials in Appendix
1(attached hereto and incorporated herein)..
Each participating detective, by and through the signature of each participating agency,
acknowledges receipt of the same, and further acknowledges that he/she has read,
understands, and agrees to abide by the policies and procedures in the INET Work Plan .
No amendment hereto shall be binding unless the terms thereof are in writing signed by all
participating agencies. No verbal or other agreements modify or affect this Agreement.
3.11 Effective Date and Duration
The effective date of this Agreement shall be January 1, 2020, and shall expire on December
31, 2021.
3.12 Applicable Law/Venue
This Agreement shall be governed by and construed in accordance with the laws of the State
of Washington. Venue shall be in Grant County, Washington.
3.13 Severability
If any term, provision, covenant or condition of this Agreement shall be held by a court of
competent jurisdiction to be invalid, void or unenforceable, the remainder of the Agreement
shall continue in full force and effect and shall in no way be affected, impaired or invalidated
thereby. To this end, the provisions of this Agreement are declared to be severable.
4. EXECUTION
This Agreement may be executed in counterpart originals. A copy of each such executed
counterpart original shall be delivered to each party upon that party's execution of a
counterpart original.
INTERLOCAL AGREEMENT
INTERAGENCY NARCOTICS ENFORCEMENT TEAM
Page 6 of 7
EXHIBIT A
Signatures of authorized officials of participating agencies. The undersigned agree to
participate in the activities of the INETTask Force described in this Agreement.
znnw�— I - -Z-0
Tom Jones, S Date
Grant County Sheriff's Office
i 11-1V10
Cindy CaN Commissioner Date
(< ld
Kieth iebert, Chief Date
Quin Policy Departme t
John R. Batiste, Chief
Washington State Patrol
WSP Contract No. K16232
INTERLOCAL AGREEMENT
INTERAGENCY NARCOTICS ENFORCEMENT TEAM
Page 7 of 7
Multi -Jurisdictional
Narcotics Task
Force
Appendix 1
PARTICIPATING AGENCIES CONCEPT AGREEMENT
The undersigned agree to the operation of the Grant County Interagency Narcotics
Enforcement Team (INET) as specified in the grant application. The undersigned plan to
continue/implement the operations specified.
to - I -Z0
Tom Jones, Sheriff Date
Grant County Sheriff's Office
[I U\ (�O&IIAnL-11
indy CdIVA Commissioner Date
� Z�fZeLo
4ietfrSi_*ebert, 4Chief Date
Qui Policy Dep ent
r•
; ohn R. B2ftiste, Chief Date
Washington State Patrol
WSP Contract No. K16232
EXHIBIT B
INTERAGENCY NARCOTICS ENFORCEMENT TEAM
(INTET)
WORK PLAN
AND
OPERATIONAL AGREEMENT
CHAPTER 1: ADMINISTRATION
Interagency Narcotics Enforcement
Effective Date:
Revised Date:
Team Introduction
01/01/2013
01/23/2018
Dissemination: Task Force Personnel,
Subject:
Pages:
Executive Board
Administration
1 - 4
1.1 INTRODUCTION
This manual establishes the basic policies and regulations which govern the
Interagency Narcotics Enforcement Team. It is intended to provide the
Executive Board, and all Task Force personnel with standardized operating
procedures. Revisions and supplements will be issued as necessary.
Supplemental policies will be implemented as Unit Orders, and will take effect on
the date specified in the Order. All active Unit Orders will be reviewed by the
Governing Board as needed. If a Unit Order supersedes a prior order or a
provision of this manual, it will be incorporated into the manual as a manual
revision.
All forms referred to within the text of this manual are standardized forms that will
be used by members of the Task Force for purposes of uniformity.
1.2 ASSIGNMENT OF MANUAL
Each board member and each person assigned to the Task Force shall be
provided with a copy of the policy manual.
Each manual will be issued a control number, and upon issuance each Task
Force Member will provide a certification that he/she has read and understands
the policies and procedures as set forth in the manual.
1.3 MANUAL COORDINATOR
The Task Force Commander is the policy manual coordinator, and is responsible
for maintaining the manual.
1.4 EXECUTIVE BOARD
The Executive Board consists of the chief administrator or their designee from
each of the following participating agencies:
Grant County Sheriff's Office
Grant County Prosecutor's Office
Quincy Police Department
Washington State Patrol
The Executive Board is the policy making board responsible to recommend,
review, approve and/or disapprove the financial aspects of the Interagency
Narcotics Enforcement Team.
Overall guidance of the Task Force operations, including setting of investigative
priorities and general operating procedures will be vested in the Executive Board.
The Executive Board will meet once a month to review the unit's activities and
policies. The meetings will be directed by the Executive Board Chairperson and
will also be attended by the INET Commander, Unit Supervisor and Support
Specialist.
Each member of the Executive Board shall have an equal vote in the conduct of
business. The Parent Agency (Grant County Sheriff) will serve as Executive
Board Chairperson.
Monthly reports showing arrests and seizure information will be distributed to the
Board by the Support Specialist. On a quarterly basis, the Commander will
advise the Board of the status of budget funds and current expenses.
The powers and duties of the Executive Board include:
1. Administering operational affairs of the Interagency Narcotics Enforcement
Team.
2. Approving the acceptance of persons recommended for assignment to the
Task Force, and recommending the discharge, suspension, or transfer of
appointed Task Force members.
3. Working with the Commander in the preparation and upkeep of unit and
procedure documents.
4. Review of the financial status of INET, and approve or disapprove
expenditures each month.
5. Recommend, review, and vote on changes made to the Interlocal
Agreement, Grant Application, and the INET forfeiture (109.151 account)
Fund.
1.5 COMMANDER NOTIFICATIONS
4
The Task Force Commander is the communication link between the Task Force
and the Chief Administrators of the law enforcement agencies whose jurisdictions
it serves.
The Commander must have knowledge of all significant Task Force activities to
ensure appropriate Executive Board and/or parent agency notifications are made
in a timely manner. The Unit Supervisor shall notify the Commander:
1. As soon as reasonably possible prior to the execution of search warrants.
2. In advance whenever a high risk arrest or search warrant is being
planned.
3. Whenever any planned Task Force activity is likely to attract media
attention and result in the need for a press release by the jurisdictional
agency head.
4. After a search warrant or major incident, a press release shall be
completed by the unit supervisor and forwarded to the unit commander.
The Task Force Commander is responsible for ensuring appropriate
administrative notifications are made.
5
CHAPTER 2: TASK FORCE PERSONNEL
Interagency Narcotics Enforcement
Effective Date:
Revised Date:
Team
01/01/2013
01/23/2018
Dissemination: Task Force Personnel,
Subject:
Pages:
Executive Board
Task Force Personnel
5-10
2.1 COMMANDER
Under the direction of the Executive Board, the Commander shall act as principal
liaison and facilitator between the Executive Board and the Task Force.
Responsibilities of the Commander are to perform the following duties, including
any other request made by the Executive Board.
1. Overall supervision of the Task Force office, policies, procedures, and
employees.
2. Collect data and prepare appropriate grant applications. Prepare reports,
surveys, and correspondence as requested by the Executive Board for
participating agencies.
3. Approve all deposits and withdrawals within the budget and INET fund.
Approve and sign Payment Authorization forms.
4. Meet weekly with supervisor to provide overall guidance of INET goals
and operations.
5. Attend monthly Executive Board meetings. Advise Board Members of
INET's operational status and monthly statistics.
6. Overall approval of large quantity drug purchases, confidential informants,
and investigation targets.
7. Complete written performance appraisals annually on Task Force
supervisors.
8. Perform periodic announced and unannounced audits, inspections, and/or
inventories of critical task force records and property.
2.2 SUPERVISOR/ SERGEANT
Under the direction of the Task Force Commander, the Unit Supervisor directs
the day to day activities of the detectives and support specialist, including:
7
1. Conduct daily meetings with detectives to organize work schedules, direct
assignments, and oversee raid meetings.
2. Supervise and provide surveillance on drug purchases and search
warrants.
3. Receive and assign citizen calls and crimetips@co.grant.wa.us
Information.
4. Issue and record buy funds to detectives. Conduct random, unannounced
audits of buy funds.
5. Review and approve confidential informants and handling of cases.
6. Monitor and approve the seizure and disposition of property. Personally,
or assign a detective to, sign all seizure paperwork.
7. Monitor evidence seized.
8. Control Task Force vehicle inventory and maintenance.
9. Maintain regular contact with deputy prosecutors.
10. Complete written performance appraisals annually on Task Force
detectives, Support Specialist.
11. Provide detailed unit activity, intelligence and case status at Executive
Board meetings.
12. Provide information and give talks to civic organizations. Provide
information to news media.
13. Meet, in person, and approve/reject confidential informant candidates.
2.3 SUPPORT SPECIALIST
The Support Specialist works under the immediate supervision of the unit
supervisor. Responsibilities of the Support Specialist include:
8
1. Preparation and maintenance of seizure files, notices, and
inventory/status of property. Coordinate files and all paperwork, and
attend seizure hearings when necessary.
2. Attend monthly Executive Board meetings. Responsible for taking,
preparing and distributing meeting minutes.
3. Gather information and prepare monthly reports, which include statistical
report, drug funds spent, vehicle lists and budget status.
4. Maintain and order office and operating supplies. Coordinate the
maintenance and repair of office equipment.
5. Maintain inventory lists on property assigned to INET employees.
6. Register employees attending training/conferences.
7. Type Reports and correspondence for Commander, unit supervisor and
Executive Board.
9. Coordinate with evidence specialist all that is needed for gun, property
and vehicle sales/auctions.
9. Take citizen complaints over the telephone and answering machine and
direct them to the appropriate detective or supervisor.
10. Prepare Forfeiture Reports and submit to the State Treasurer on a
quarterly basis. Submit Annual Forfeiture Report to the State Treasurer,
along with a check for 10% of all forfeiture proceeds by January 31St of
each year.
11. Maintain and update Task Force and prosecution files.
12. Assist with gathering information, preparing forms, gathering signatures
and submitting grant application and budget as required.
9
2.3 DETECTIVE
Under the direction of the Task Force Sergeant, each detective is responsible for
the investigation of criminal narcotic violations and the arrest of criminal
offenders.
Specific duties of the detectives include:
1. Use confidential informants and/or purchase controlled substances in an
undercover capacity.
2. Provide surveillance during drug purchases and assist on search warrants
by the case detective or sergeant.
3. Maintain complete and accurate accounting records of confidential buy
funds issued to him/her through established procedure.
4. Establish confidential informants. Prepare and submit confidential
informant packets and contracts.
5. Prepare intelligence reports, coversheets, and all other investigative
information for targeted suspects needed to prepare Task Force files.
6. Prepare paperwork for search warrants, bodywires, drug analysis
requests, seizure notification information, evidence sheets and any other
paperwork required/requested.
7. Arrest and book suspects. Interview and interrogate suspects.
8. Meet daily with sergeant and team members to organize investigations.
9. Review and discuss cases and charges to be filed against suspects with
sergeant and deputy prosecutors.
10. Appear at administrative hearings and court proceedings to provide
testimony.
11 Responsible for upkeep of vehicle and property assigned thereto.
10
a. DETECTIVE IN CHARGE
The Task Force Commander and Sergeant will designate a Detective in Charge
to perform supervisory duties in the sergeant's absence.
b. PERFORMANCE EVALUATIONS
All Task Force employees shall have their performance evaluated on an annual
basis.
Performance appraisals on Detectives, Support Specialist, will be completed by
the Unit Supervisor/Sergeant. The Commander will complete performance
appraisal on the Task Force Sergeant.
The completed performance appraisal shall be reviewed with the employee.
Employee comments may be submitted in writing and attached as part of the
appraisal form. The completed appraisal shall be reviewed and approved by
Commander. The original completed appraisal shall be submitted to the
employee's agency, and a copy shall be placed in the employee's Task Force
personnel file.
CHAPTER I GENERAL
Interagency Narcotics Enforcement
Effective Date:
Revised Date:
Team
01/01/2013
01/23/2018
Dissemination: Task Force Personnel,
Subject:
Pages:
Executive Board
General
11-18
12
3.1 VIOLATION OF POLICY OR PROCEDURE
All Task Force employees are subject to the rules and regulations contained in
their home department policy and procedures manual as well as those contained
in this manual.
Violations or allegations of violations of rules or procedures shall be handled as
follows:
1. Minor procedural problems of a supervisory nature which come to the
attention of the Unit Supervisor that can be easily corrected with a verbal
directive or minor training, may be taken care of by the supervisor on an
informal basis. The Task Force Commander should be kept informed on
such corrections as they occur. Documentation consistent with good
supervisory practices shall be kept of such actions by the supervisor.
2. Serious violations of Task Force rules and regulations or violations of an
employee's home department rules and regulations, or allegations of such
violations, which come to the attention to the Unit Supervisor, shall be
immediately reported to the Task Force Commander.
3. When the Commander becomes aware of serious violations of Task Force
rules and regulations or violations of an employee's home department
rules and regulations, or allegations of such violations either through being
so informed by the supervisor or through some other source of
information, the Commander shall immediately notify the Chairman of the
Executive Board and the department head, or that person acting in his/her
behalf, of the employee's department.
4. All investigations into Task Force employee misconduct or allegations of
misconduct, and any subsequent disciplinary action, shall be conducted
by the employee's home agency.
3.2 OFFICE PROCEDURE
The Task Force office will be kept neat and portray a professional appearance.
Each employee is responsible for maintaining their assigned work area, and
maintaining the overall cleanliness of the office common areas.
3.3 SECURITY
Facility Security
1. Responsibilities:
13
a. The Unit Supervisor has primary responsibility for establishing and
maintaining overall physical and operational security.
b. The Unit Supervisor is responsible for maintaining and supervising
security on a daily basis.
C. Each member of the Task Force is responsible for enforcing
security conditions and requirements, for making on -the -spot
corrections when necessary, and for providing constructive
recommendations to improve security conditions.
d. The last employee to leave the office will ensure the office doors
and windows are locked, and the alarm system is activated.
Visitors:
a. The number of visitors having access to the facility shall be held to
a minimum.
b. All visitors shall be escorted by the person who the visitor is
contacting.
C. Informants, suspects, or witnesses shall not be allowed in the office
area. A separate secure room away from the office may be
provided for debriefing.
Information Securitv:
Employees shall be responsible for the security of all investigative, intelligence,
and evidentiary material contained within the office. Such material shall not be
left out or unsecured in the employee's absence.
All working papers, notes and drafts reports no longer needed shall be
destroyed by shredding.
Any material that could possibly be intelligence material for others will be
destroyed by shredding, never thrown in the garbage.
Telephone Securitv
A cellular phone is available for secure informant and undercover contacts.
3.4 CODE OF CONDUCT
The success of the Task Force will be greatly influenced by the conduct,
character, and demeanor of each unit member. Personnel will adhere to their
agency's code of conduct.
14
To ensure conduct which is appropriate to the goals and missions of the Unit, the
following guidelines will be followed.
1. Task Force members appearing in court shall be punctual and shall
appear in appropriate dress clothing, or as directed by the attorney
prosecuting the case. Conduct in court matters shall always be of the
highest standard of professionals.
2. Unit members, including Executive Board members, shall treat the official
business of the Task Force as confidential, and shall not impart it to
anyone not having a need or legal right to know.
3. Unit members shall not socialize with, or receive gifts or trade from any
criminal informant, criminal suspect, or other person known to be of ill
repute. It is necessary that unit members interact with these persons on a
frequent basis, and all such interaction shall be carried out strictly at a
professional level.
4. The use of drugs is strictly forbidden by all unit members unless taken
under the direction of a physician or in a life-threatening situation. The
simulation of illegal drug use is a violation of unit policies and procedures.
5. The policy of the Task Force is to deny informants attempts or requests to
take a pinch of the product. Detectives will not contribute to taking or use
of illegal drugs.
3.5 FITNESS FOR DUTY
Employees assigned to the Task Force are required to maintain a level of
physical fitness and mental fitness which will allow them to perform their duties
effectively.
Failure to meet this standard may be grounds for removal from the Task Force.
3.6 APPEARANCE AND DRESS
Detectives assigned to the Task Force may look and dress as appropriate to the
unit goals and mission, subject to the following requirements:
15
Officers shall have available to them on short notice a change of clothes
appropriate for court, business meetings, or any other assignment for
which his/her present dress is inappropriate.
3.7 FIREARMS
Task Force personnel will adhere to their own agency's firearms and use of
deadly force policies.
Each officer will maintain a weapon with which he/she is competent and which is
approved for use by his/her agency. Each officer is required to qualify with the
weapon(s) that have been authorized for use, as required by his/her agency.
Personnel will qualify with their weapons as scheduled through the parent
agency and/or their own agency. They will notify the Unit Supervisor whenever
required to attend agency training functions, such as firearms qualification.
Any officer who discharges his/her weapon while on or off duty (outside of
training) either by intention or accident, will report the same to the Unit
Supervisor immediately and shall file a written report of said incident as soon as
practicable. Firearm discharges will be investigated by the agency responsible
for the particular officer(s) involved.
3.8 TRAINING
It is recognized that the success of an organization depends on the efforts of its
employees. Proper training is essential to maintaining employee skills and job
knowledge in an ever changing work environment. To ensure proper training of
Task Force personnel, the following policy will be adhered to.
1. Employees shall attend all training sessions to which they have been
assigned.
2. Officers shall attend all training at which their home agencies request their
attendance.
3. Officers shall abide by all rules, regulations, and policies of his/her home
agency regarding training, weapons, ammunition and authorization for use
of weapons.
4. Officers are responsible for reporting to the Task Force that they have met
these requirements.
16
5. Task Force Training:
a. All training, registration fees, class fees and other related expenses
will be the responsibility of the individual agency.
b. All detectives newly assigned to the Task Force will attend the
Basic DEA School as soon as possible.
C. Attendance at any other schools or seminars requires prior
approval of the Executive Board. Recommend additional training
for detectives includes:
1. Advanced DEA School.
2. Interviews and Interrogations.
3. Electronic Intelligence and Surveillance.
4. Surveillance Techniques.
5. WSNIA Conferences
6. Other related job schools and seminars approved by the
Administrator.
3.9 TRAVEL
Travel Authorization Procedure
All travel on official business outside of Grant/Adams County area requiring
overnight accommodations shall be authorized in advance by the detective's
appropriate supervisor at his/her home agency. Travel requiring one day
duration or less shall require the approval of the unit supervisor only; however, if
travel advance funds are requested, the travel requires the advance approval of
the Commander.
Vehicle Use Polic
Either Task Force owned or agency owned vehicles will be used for official out-
of-town travel by unit members. Employees who choose to use their personal
vehicle will not receive mileage reimbursement for such travel unless advance
approval has been obtained from the Executive Board or its Chairperson.
17
Whenever more than one employee is scheduled to travel to the same
destination, every effort will be made to economize by assuring that no less than
two persons travel in each Task Force or agency owned vehicle.
Claims for Expenses:
Reimbursement for travel expenses will be completed as set forth by the parent
agency.
3.10 OVERTIME
Overtime is to be authorized only in cases where it is required for the cost
effective accomplishment of Unit objectives. Because overtime funding is limited,
it is important that supervisors approve its use sparingly.
While the work of the Task Force may require occasional adjustment of
employee work hours, all work schedule adjustments, overtime payments, and
compensatory time accrual and use must be in accordance with applicable union
contracts and collective bargaining agreements.
The Supervisor should generally schedule and manage employee work hours in
such a manner as to provide the least disruption to their regular work schedules.
In cases where Task Force employees have been subpoenaed to appear in
court, it is their responsibility to coordinate their time of arrival at court with the
prosecuting attorney to assure that a minimal amount of time is spent waiting to
testify.
Overtime payments and compensatory time accrual, based on each agency's
policy requirements, and use must be approved by the unit supervisor and
recorded on the respective employee's time sheet. The time sheet is turned in
to, and stored at, the employee's parent agency.
Detailed records of overtime approved and compensatory time earned and used
will be maintained by the Unit Supervisor at the Task Force office for a period of
one year.
3.11 ACCESS TERMINAL USE, DISSEMINATION and MISUSE
An access terminal is located at the INET Office, a secured sight. The TAC is
responsible for maintaining the all documentation in relation to the ACCESS
Terminal. The following guidelines must be kept in compliance.
1. No entries are made into the ACCESS system by Task Force personnel.
18
2. All employees will sign the Criminal Justice Information System (CJIS) letter,
including the prosecutor and all employees in the prosecutor's office who
have access to CJIS information.
3. All inquires made will be logged on the Interstate Identification Index Log as
required.
a. Criminal histories (Ill's) are to assist with criminal investigations and
prosecutions, except as directed below. Additionally, the correct purpose
code must be used.
4. The TAC will ensure all employees have had their 5 year re -background
check by either calling each employee's individual department for
confirmation, or running the recheck.
3.12 COMPUTER USE
Users of INET computers should conduct themselves in a manner that promotes
a productive working environment. Conduct that creates a disturbance to others
is prohibited; this includes printing or displaying materials that are unsuitable for
public display. Conduct that intentionally or negligently interferes with the proper
operation of the system or its use by others is prohibited.
All INET employees shall only use the computer network and systems for
authorized work related projects and official investigations. At no time shall an
INET employee use any of the computer systems and/or programs for personal
use or gain. This includes but it not limited to NCIC, WASCIC, ACCURINT,
WSIN, LINX, DAPS, SCOMIS, ILEADS, SPILLMAN and any additional resources
available.
The INET supervisor will be responsible for ensuring that all INET personnel fully
understand the computer use policy.
CHAPTER 4: EQUIPMENT
Interagency Narcotics Enforcement
Effective Date:
Revised Date:
Team
01/01/2013
01/23/2018
Dissemination: Task Force Personnel,
Subject:
Pages:
Executive Board
Equipment
19-22
20
4.1 MANDATORY EQUIPMENT
The mission and activities of the Task Force necessitate that each officer is
assigned certain equipment. Every officer shall have all his/her "Raid
Equipment' readily available at all times.
Equipment Provided by Officer or Home Agency:
Agency approved firearm, ammunition, web/leather gear, handcuffs and
key.
Agency issued standard ballistic vest.
Attire (to include footwear) suitable for Task Force, both for normal duty
and court appearance.
Equipment Provided by Task Force
1. Mobile radio mounted in assigned vehicle.
2. Portable radio, charging unit, and extra battery.
3. Business cards.
4. All necessary office supplies.
5. Unmarked detective vehicle.
6. Cellular phone.
7. Raid, shirt, jacket, hat and mask.
8. Narcotic test kits.
9. Batteries for body wire equipment and tape recorders.
10. Evidence bags.
11. Evidence gloves.
Additional special assignment Task Force equipment will be issued as needed, such as
ballistic raid vests and eye goggles if on primary raid team, night vision equipment,
recording devices, etc.
4.3 VEHICLE AND EQUIPMENT CARE AND USE
21
Vehicle Ooeration
The operation of Task Force and Agency vehicles shall be consistent with duty
requirements and shall be used only for official business.
When operating a Task Force or Agency vehicle, employees are expressly
prohibited from engaging in the unauthorized transportation of passengers not
specifically authorized by the Unit Supervisor or Commander, and only in the
performance of official Task Force business.
Care and Use of Eauioment or ProDertv:
All Task Force employees having or using any equipment or property belonging
to the unit shall be charged with its proper care and handling. Task Force
equipment shall not be used for other than assigned purposes without prior
approval from the unit supervisor.
No equipment clearly associated with law enforcement should be stored in a task
force vehicle in such a manner to be in plain view from outside the vehicle.
4.4 CELLULAR PHONES
Recognizing the need for timely and accurate communications during drug
investigations, and that certain situations arise in which the use of the police
radio or regular land -line telephone are either impractical or unavailable, Task
Force officers are each assigned a cellular telephone.
Cellular telephone use by Task Force personnel is for specific Task Force and/or
law enforcement business only. The cellular telephone shall not be used for
making non-essential calls that could be made by regular telephone or
reasonably deferred to a later time.
Extreme care shall be exercised while operating a vehicle to ensure cellular
telephone does not detract from the safe operation of the vehicle. "Hands free"
device should be used when possible.
4.5 TECHNICAL INVESTIGATIVE EQUIPMENT
Technical investigative equipment includes all photographic, visual, audio, radio
frequency, and surveillance equipment and testing devices. Task Force policy is
to procure and maintain only a reasonable and necessary number of monitoring
22
devices for use in participant monitoring of conversations and actions for
investigative purposes.
This policy covers the access and maintenance of technical investigative
equipment. Use and application of the equipment are further detailed in Policy
5.4, "Electronic Surveillance".
Access to Technical Investigative Equipment:
1. The Unit Supervisor/detectives shall be responsible for care and
maintenance of such equipment. All task force members should be
trained in the technical aspects and practical use of the equipment.
2. All technical investigative equipment shall be stored in a locked and
secured cabinet or room.
3. An inventory list shall be maintained at each location where the equipment
is stored. All equipment shall be accounted for at all times.
4. All equipment shall be returned to storage when not in actual use, unless
returning the equipment would interfere with its proper utilization.
Maintenance of Technical Investigative Equipment:
The Unit Supervisor shall be responsible for the proper and timely maintenance
of all electronics surveillance equipment. Maintenance includes, but is not limited
to:
1. Clean and follow maintenance instructions for all equipment permitting
field maintenance, such as tape recording heads, camera lenses, etc.
2. Send equipment out for professional maintenance in accordance with
manufacturer's instructions.
3. Conduct yearly inventory of all equipment.
4. Plug in rechargeable equipment periodically to maintain proper charge.
5. Maintain file of operating and maintenance instructions.
23
CHAPTER 5: OPERATIONS
Interagency Narcotics Enforcement
Effective Date:
Revised Date:
Team
01/01/2013
01/23/2018
Dissemination: Task Force Personnel,
Subject:
Pages:
Executive Board
Operations
23- 56
24
5.1 INVESTIGATIVE PROCEDURES
No employee shall make a previously planned contact with a suspect in an
undercover capacity without the cover of at least one other officer.
When a drug purchase is made from a suspect, conversation should bring out
the suspect's knowledge and intent, when possible. The officer shall make every
effort to make two or more purchases on separate days. The conversation
showing intent, coupled with multiple buys, will greatly assist the prosecutor's
office in its preparation of the case. Written reports of drug purchases will be
submitted within 48 hours.
Every investigation shall be supervised by a detective in charge. The Unit
Supervisor shall designate a detective to be in charge when he/she is absent.
Investigations outside of the Task Force jurisdiction shall require notification to
the agency having jurisdiction. When appropriate, the Task Force will request
the participation of the agency having jurisdiction.
When possible, nonparticipating agencies shall be given prior notice of any Task
Force operation taking place within their jurisdiction. This procedure will not be
necessary on routine surveillance or investigative activity, but rather is intended
for those occasions when an arrest or any other enforcement action is
anticipated that would interfere with or require the assistance of that agency
having jurisdiction.
Every attempt will be made to positively identify each suspect prior to
1. Meeting with the suspect in an undercover capacity.
2. Making an undercover purchase.
3. Arresting any suspect.
4. Conducting a search of any premises named in a search warrant
5.2 INFORMANT MANAGEMENT
Introduction:
The purchase of drugs, property, information, and the employment of operators
are essential elements in the function of the Task Force. The utilization of
25
informants to accomplish unit goals is essential. Informants shall be utilized only
to the extent that their assistance is necessary to accomplish unit goals.
Definitions:
1. Confidential Informant: A person who provides information and/or
services to members of the Task Force with or without expectation of
compensation in the form of money, or other considerations made under
the direction of the Task Force, the prosecutor's office, or any other
branch of the criminal justice system.
2. Defendant Informant: As above, but subject to arrest and prosecution for
a state offense, or a defendant in a pending state or federal case who
expects compensation for assistance in either the form of judicial or
prosecutive consideration, or compensation of another form.
3. Restricted -Use Informant: A person who meets any of the following
criteria may only be used as an informant under the stated conditions:
a. Persons on probation or parole (state or federal): With written
consent of the supervising agency.
b. Persons formally dependent on drugs or currently participating in a
drug -treatment program: With approval of Unit Supervisor.
C. Persons with two or more felony convictions: With approval of Unit
Supervisor.
d. Persons who have been convicted of a drug felony: With approval
of Unit Supervisor.
4. Source of Information: A person or organization, not under the direction of
a specific detective, who provides information without becoming a party to
the investigation itself (i.e., a business firm furnishing information from its
records; an employee of an organization of value to the Task Force; or a
concerned citizen who witnesses an event of interest to the Task Force).
The title "Informant" does not apply to a "Source of Information", unless
the source seeks financial compensation or becomes a continuing active
part of the investigative process.
Informant Criteria:
The following four criteria must be met to establish a person as a Task Force
informant:
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1. The person is in a position to measurably assist the Task Force in a
present or future investigation.
2. The person shall not compromise Task Force interests and activities.
3. The person shall accept the measure of direction necessary for effective
utilization of his/her services, and
4. Approval of the Unit Supervisor.
To obtain Unit Supervisor approval, the requesting detective will submit an
Informant Background form, which shall contain all specified information
including informant's identification number, social security number, and
home and business telephone numbers.
The request form shall be accompanied by a rap sheet and current
photograph of the informant. In the absence of a rap sheet, a set of
fingerprint cards will be necessary. The informant's true identity must be
known prior to utilizing his/her services.
The Unit Supervisor will meet, in person, each potential informant before
deciding whether or not they are to be utilized.
The Unit Supervisor will have periodic contact with the informant
throughout the span of the contract.
In the Remarks Section of the form, it must be noted if the informant has a
pending case. If so, the prosecuting attorney's office will be notified, and
the prosecutor authorizing use of the informant will be named.
5. Juveniles will not be used as informants. If a special or exigent
circumstance arises where a juvenile might be needed as an informant,
approval for their use will come from the chairman of the Executive
Board.
Photographs:
All informants shall be photographed (unless a recent photograph is already
available). One photo shall be attached to each copy of the establishing report.
This requirement may be waived by the Unit Supervisor in cases of extreme
sensitivity.
Criminal History Check:
1. A preliminary check on each informant shall be conducted through
WACIC/NCIC to determine if there are any outstanding warrants on file.
27
All potential informants shall be processed through the State Identification
Section (WASIS) and FBI Identification files. A request shall be made for
a "criminal history check" and shall include all information available from
the informant's Personal History Report and any other source accessible.
The informant may be utilized on a provisional basis while awaiting a
response from WASIS and the FBI. The current status and utilization of
the informant shall be reviewed in light of information contained in the
subsequent responses, and adjustments to procedures, status and/or use
shall be made as appropriate.
4. If identity of the informant is in question, a fingerprint check may be
utilized. For extremely sensitive informants, a polygraph test may be
utilized to establish veracity.
Defendant Informant:
The following guidelines are intended to ensure that defendant informants
provide information or render services in a manner that recognizes their status as
individuals subject to legal sanctions for criminal violations. The use of
defendant informants shall be governed by the following:
1. The approval of the appropriate prosecutor (federal, state, or local) shall
be obtained prior to seeking the cooperation of the defendant.
2. A defendant may be advised that cooperation will be brought to the
attention of the appropriate prosecutor. No further representations or
assurances shall be given without approval of the Task Force prosecutor.
The appropriate prosecutor shall have sole authority to decide whether or
not a case will be prosecuted against a defendant informant.
3. The appropriate prosecutor shall be advised of the nature and scope of
the defendant informant's cooperation throughout the period of the
investigation. The procedures and frequency of this reporting shall be set
by the prosecutor.
4. Use of defendant informants shall be reviewed in the manner prescribed
for other informants. Their use may be continued only if they are found to
meet the standards set forth therein.
5. A formal agreement shall be signed between the defendant informant and
the prosecutor.
Utilization of Informant:
28
1. Informants are assets of the Task Force, not specific officers or agencies.
2. Detective -informant contacts shall be of a strictly professional nature.
Extrinsic social or business contacts are expressly prohibited.
3. Detective -informant contacts shall minimize the informant's access to
knowledge of Task Force facilities, operations, activities, and personnel.
4. Whenever practical, two Task Force officers shall be present at all
contacts with an informant.
5. Significant contacts with an informant and information obtained at these
contacts should be documented.
6. Officers shall prepare an admonishment form advising the informant of
his/her responsibilities while working with the Task Force. This will protect
the officers in many situations wherein the informant's conduct becomes
unfavorable.
Informants (and sources of information) shall be advised at the outset that:
a. They shall not violate any criminal law to gather information or
provide services to the Task Force.
b. They shall not possess, sell, or deliver any narcotics or controlled
substances, except as specifically directed by a Task Force officer
C. The Task Force will use all lawful means to protect their identity,
but this cannot be guaranteed.
The prosecutor shall be advised of any assurances and/or compensation
provided an informant or defendant informant in advance of any judicial
processing.
8. When an informant participates in undercover purchases involving official
funds, controlled drugs, or items of potential evidentiary value, the buy will
require a minimum of two detectives for surveillance purposes. Each buy
will be controlled in the following manner, and when possible, the entire
process (steps a -e) should be accomplished by the same officer, with the
same witness thereto.
a. The informant will be thoroughly searched preceding the buy.
Searches of informants shall be conducted by a unit member or
other law enforcement member of the same sex. If the informant's
vehicle or residence is utilized in the investigation, a thorough
29
search will also be conducted of those areas to which the informant
has access.
b. The informant will be given Task Force funds which have been
recorded by serial number, for the purchase of any contraband.
The informant shall not purchase contraband with personal funds.
To avoid any error, all personal funds should be taken from the
informant prior to contact with the suspect, and shall be returned to
the informant immediately upon completion of the transaction.
C. When possible, constant surveillance will be conducted on the
informant after the search and until he/she meets with surveillance
detectives.
d. Following the transaction, the informant shall again be thoroughly
searched as in step a. All evidence and Task Force funds will be
retrieved from the informant.
e. The informant shall be thoroughly de -briefed and an Investigative
Report signed by the informant shall be obtained. If a written report
is not practical at that time, a statement should be recorded for later
transcription. The statement shall include a complete description of
the suspect, a detailed account of all circumstances and
conversations involved in the transaction, and any other facts which
may be of importance.
9. Payments to informants shall be made only as prescribed by Chapter 7.1,
"Confidential Funds". Monies shall not be paid to any informant prior to
the completion of his/her services unless other arrangements were made
at the start of the investigation. It shall be the general rule that all
payments shall be made in full at that time. Officers are discouraged from
promising an informant a fixed sum of money.
10. Information obtained from informants will be evaluated and tested (where
possible) before police action is initiated.
11. Personal contact with informants of the opposite sex shall be
accomplished with at least two officers present.
12. Informants shall not be given any officer's home address or home
telephone number. A business telephone number will be given to all
informants to reach officers.
Informant Control:
1. Each informant will be given a nickname. A log of informant nicknames
shall be kept on hand in alphabetical order.
30
Informant Files:
1. A separate file jacket shall be established for each informant. These files
shall be stored in a secure location, segregated from any other files.
2. In instances of extreme sensitivity, files of informants for whom a waiver of
established procedures was granted may be stored separately from other
informant files. Access shall be limited to the Unit Supervisor(s) and Task
Force personnel designated to control the informant's utilization. Upon
deactivating such informants, the Commander shall determine whether the
file should be integrated into the regular Informant Files.
3. Informant Files shall be maintained in alphabetical order under two
headings: Active Informants and Deactivated Informants.
4. WSIN subject cards will be submitted on all informants.
5. Informant files will be retained for no less than ten (10) years beyond
deactivation and/or completion of contracts.
6. Informant files shall be returned to secured cabinets when the building is
unoccupied.
7. Contract informant files will be reviewed by the Unit Supervisor quarterly
to ensure contractual compliance.
8. Mercenary informant files will be reviewed by the Unit Supervisor annually.
Problem Informant File:
A Problem Informant Card File shall be maintained by the Task Force. This file
will contain the name, nickname, and detective involved. The Problem Informant
Card File entry will contain a brief summary of why the particular individual is
classified as a problem informant.
Entry into this file will not necessarily exclude the use of the informant, but
additional screening will be required.
Reasons for entry into the Problem Informant Card File may include giving false
information, unreliability in handling money and/or evidence, continuous criminal
activity while serving as an informant, etc.
In the event the informant becomes unreliable, the "Unreliable Informant"
information shall be submitted to WSIN.
31
Deactivation of Informants:
Deactivation of an informant shall occur when any of the following conditions
occur:
The informant no longer has the potential to furnish information or services
which could lead to a significant prosecution or interception of drugs.
2. The informant is no longer willing to cooperate.
3. The informant's cooperation has been determined to be unsatisfactory.
Informants shall be deactivated with the approval of the level of supervision
which approved their establishment. A deactivation shall be included in the
Informant File indicating the circumstances surrounding the deactivation.
5.3 INTELLIGENCE FILES
The Task Force does not currently maintain separate intelligence files.
The Task Force forwards, shares and checks on intelligence information with
Western States Information System (WSIN) by calling their watch center at 1-
800-952-5258. The Task Force provides WSIN with subject cards on all violators
arrested, significant violators or participants identified in criminal investigations.
We also provide cards for clandestine lab, marijuana grow operations, and
smuggler vehicles.
5.4 ELECTRONIC SURVEILLANCE
The policy of the Interagency Narcotics Enforcement Team is to procure and
maintain a reasonable and necessary number of electronic surveillance devices
for use in participant monitoring of conversations and actions for investigative
purpose.
Electronic surveillance devices which may be utilized by the Task Force include,
but are not limited to; Tracking Equipment; Ground Sensor Equipment;
Photographic, Optical, and Electro -Optical Equipment; and Bodywire and Other
Audio -Recording Equipment. As the laws and regulations governing the use of
surveillance devices vary substantially depending on the equipment used, each
category of device will be addressed separately.
Tracking Equipment:
Prior authorization from the Commander is required when placing a
32
beacon transmitter on a vehicle, aircraft, or boat.
A beacon transmitter may be placed on a vehicle, aircraft, or boat with the
operator's consent, or may be attached to the outside of such conveyance
if parked or docked in a public place, or in the driveway, open dock, or
open land of the owner, without a court order. However, a court order is
required when placing the device inside a vehicle, aircraft, or boat (this
includes making any connection to the power supply of the vehicle,
aircraft, or boat).
3. A court order should be obtained if time permits due to constantly
changing case law.
Ground Sensor Equipment:
Ground sensors may be placed along any airstrip, road, trail, open field,
etc. for the purpose of monitoring the activities of suspects passing by
certain locations.
2. When the sensors are activated, a coded signal is transmitted to a remote
command post indicating the area of activity.
Photographic, Optical, and Electro -Optical Equipment:
There are no legal restrictions concerning the use of binoculars, cameras,
night viewing devices, and CCTV video systems, either for viewing, taking
photographs, or recording evidence on video tape or motion picture film,
providing there is no violation of the individual's Fourth Amendment
rights.
2. Photographs, motion picture film, and video tapes shall be handled as
nondrug evidence.
3. Use of video camcorder:
a. The video camcorder is to be used only for filming official Task
Force business. It should be used for all filming needs unless other
types are required or are more practical, as it is generally more
economical than other methods of photography.
b. Whenever practical, the Task Force Electronics Specialist will
perform all filming with the video camcorder. However, all Task
Force detectives trained in its use may operate the camera,
provided it has been property signed out from the Electronics
Specialist.
33
C. Caution must be utilized when using the video camcorder to
prevent illegal audiotaping (sound recording). The audio cut out
plug must be plugged into the camcorder's microphone jack to
disable the sound recording capabilities.
The sound recording feature of the video camcorder shall normally
be rendered inoperable prior to its use. The sound recording
feature may be used only in one of the following limited
circumstances.
In cases where all parties whose conversations or
statements might be (even inadvertently) recorded have
given consent to having their voices and conversations
recorded.
Recording officers have obtained prior judicial approval to
record conversations which may be taped when the video
camcorder is activated (refer to following section).
Bodvwire and Other Audio -Recording Equipment:
Under RCW 9.73.030, "private communications' by telephone or other electronic
devices and other "private communications" generally may not be intercepted or
recorded without the consent of all parties to the communication or conversation.
Exceptions to this general rule fall into two categories, commonly referred to as
"No Party Consent" and "One Party Consent'.
"No Party Consent" interceptions concern the interception or recording of
conversations or communication where no participant has consented.
a. The most common methods are wire taps, hidden bugs, high
powered directional microphones, and pen registers.
b. Both our State and the Federal Government place extreme
restrictions on the use of No Party Consent interceptions, and a
court order is always required.
2. There are three exceptions to the general rule under the "One Party
Consent' category:
Officer Safety Authorizations: Commonly referred to as "202
Authorizations", codified as RCW 9.73.210.
Evidence Gathering Authorizations: Commonly referred to as "204
Authorizations", codified as RCW 9.73.230.
34
C. Judicially Authorized Interceptions: Permitted by RCW 9.73.090(2).
Due to the relatively common application of the "One Party Consent'
exceptions in Task Force operations, and the complexities of the
applicable statutes, guidelines for each exception are provided in the
following sections.
Officer Safety Authorizations
The purpose of this authorization is to preserve the safety of the consenting
party. It permits the interception, transmission, and recording of private (non -
telephonic) communications between a consenting party and other non -
consenting parties to the intended conversation.
This authorization does not permit the use of a recording device worn on a
person of one party to the conversation. Thus, the intent is to allow others, not
immediately present, to listen to the conversation to determine the need for
assistance, should it arise, by use of a transmitting device.
Requirements:
a. The consent of one party to a conversation to allow the
interception, transmission, and/or recording of the communication.
b. A reasonable suspicion that the consenting party will be placed in
danger.
C. That the conversation will relate to the manufacture, delivery, or
possession with intent to manufacture or deliver a controlled
substance, legend drug, or imitation controlled substance.
d. That a written report be completed.
Before being utilized, there must be a written authorization by the Task
Force Commander or his/her designee, which includes:
a. Date and time authorization was given.
b. The name(s) of the person(s) expected to participate in the
communications, as best known.
C. The expected date, time and location of the communications.
d. The reason for believing the consenting party will be in danger.
35
e. The name(s) of officer(s) authorized to intercept, transmit, and/or
record the communications.
This prior authorization from the Administrator may be obtained
telephonically if necessary, however the authorization form must be
completed at the time of signature.
3. The support specialist shall file a monthly report with the
Administrator for the Courts, including:
The total number of "safety authorizations" which occurred during
the month, if any did occur.
The date and time of each authorization.
C. Whether an interception, transmission, and/or recording was
completed.
4. There is no requirement to record these communications, but if they are
recorded, any recording or transcription of said recording shall be
immediately destroyed unless there has been a violent criminal offense,
personal injury, or death during the course of the recording.
5. If there is a violent criminal offense, personal injury, or death which occurs
during this communication, any recording can be saved as evidence to aid
in a personal injury lawsuit or the criminal prosecution which results from
the violent offense.
6. Although no time limit is specified by statute for such interceptions, it is
implicit that a new authorizations be obtained for each instance.
7. The written authorization need not be in the physical possession of those
involved in the interception. After completion of the interception, it shall be
maintained by the support specialist.
Evidence Gathering Authorizations:
The purpose of this authorization is to allow for the recording of communications
relevant to illegal drug activity which may serve as evidence in court. It permits
the interception, transmission, and recording of private communications between
a consenting party, and other non -consenting parties to the intended
conversation.
This authorization may include the wearing of a recording device on the person
of one party to the conversation, and the interception of telephone conversations
36
so long as the consenting party is participating in the communications.
1. Requirements:
a. The consent of one party to a conversation to allow the
interception, transmission, and recording of the communications.
b. Probable cause to believe that the conversation will involve
discussion of the manufacture, delivery or possession with intent to
manufacture or deliver a controlled substance, legend drug, or
imitation controlled substance.
C. That a written report be completed.
2. Before being utilized, there musts be a written authorization by the Task
Force Commander, which includes:
a. Date and time authorization was given.
b. The name(s) of the person(s) expected to participate in the
communications, as best known.
C. The expected date, time, and location of the communications.
d. Information supporting the existence of probable cause to believe
that the conversation will involve the discussion of the manufacture,
delivery, or possession with intent to manufacture or deliver a
controlled substance, legend drug, or imitation controlled
substance.
e. The name of the consenting party, or that the consenting party is a
confidential informant (in which case it is not necessary to provide
name).
f. The name(s) of officer(s) authorized to intercept, transmit, and
record the communications.
g. Whether there was an attempt made to obtain a court order
authorization, and if so, the outcome of that attempt.
This prior authorization from the Commander may be obtained telephonically if
necessary, however the authorization form must be completed at the time of
signature, and any recording to be transcribed has been completed.
37
Task Force policy shall be that absent exigent circumstances, the Commander
shall consult with the Task Force Prosecutor prior to giving an Evidence
Gathering Authorization.
3. The Support Specialist shall file a monthly report with the Administrator for
the Courts, indicating:
a. The total number of "evidence gathering authorizations" which
occurred during the month, if any did occur.
b. The date and time of each authorization.
C. Whether an interception, transmission, or recording was completed.
d. The total number of arrests which resulted from the interceptions
and any subsequent invalidations.
4. The authorization is valid in all jurisdictions in the State and all participants
and locations which are brought into the communications by the non -
consenting party shall not cause the invalidation of the recording.
5. Recordings must be done in a manner to prevent editing or alteration (this
should include such steps as knocking the tabs out, providing start and
finish times on the tape, and initiating or marking the tape at the start and
finish).
6. The authorization is good for 24 hours, and may be extended twice based
upon the same probable cause, for a total 72 hours.
7. Within fifteen days after the signing of an authorization which results in the
interception, transmission, and/or recording of a conversation, a report
shall be submitted to a judge in a court of jurisdiction. This report shall
include:
a. The identities of the persons who participated in the conversation,
as known (with the exception of a confidential informant).
b. The original authorization.
C. The date, time, and location of the conversation.
A transcription of the completed tape should not be submitted at the time
of this report.
Within two judicial days after receiving the report and authorization, the
judge shall conduct a review of the authorization. If probable cause is not
38
present, or any of the aforementioned requirements have not been met,
the court shall:
a. Order the destruction of the recording, and any transcriptions and
copies thereof. (A stay pending appeal can be obtained to prevent
this).
b. Absent the existence of probable cause, within six months, cause a
notice to be sent to the last known address of all non -consenting
parties as to the recordings, and as to the agency responsible. (A
six months extension may be obtained if the notification jeopardizes
an ongoing investigation).
9. An intentional violation of this statue regarding the interception,
transmission, or recording of private conversations is a Class C Felony.
10. The authorizing agency would be liable for civil penalties amounting to
$25,000.00 if the authorization was given:
a. Absent probable cause, and
b. Without at least a reasonable suspicion that the conversation would
involve discussion of the manufacture, delivery, or possession with
intent to manufacture or deliver a controlled substance, legend drug
or imitation controlled substance.
Judicially Authorized Interception:
The purpose of this authorization is to allow for the recording of conversations
and communications related to certain types of illegal drug activity, which may
serve as evidence in court. It permits the interception, transmission, and
recording of private conversations and communications between a consenting
party and other non -consenting parties to the conversations.
This authorization may include the wearing of a recording device on the person
of one party to the conversation, and the interception of telephone conversations
so long as the consenting party is participating in the communications.
Requirements:
a. The consent of one party to the conversation to allow the
interception, transmission, and recording of the conversation of
communication.
b. Probable cause to believe that the conversation or communications
will involve discussion of the manufacture, delivery, sale or
39
possession with intent to manufacture, deliver, or sell a controlled
substance, legend drug, or imitation controlled substance.
C. Prior judicial authorization.
2. Before being utilized, there must be judicial authorization which finds
probable cause to believe that the conversation or communications will
concern the manufacture, delivery, sale or possession with intent to
manufacture, deliver, or sell a controlled substance, legend drug, or
imitation controlled substance.
The written application to the judge must be under oath or affirmation and
state:
The authority of the applicant to make such application.
The identity and qualifications of the investigative or law
enforcement officers or agency for whom the authority to record a
conversation or communications is sought and the identity of
whoever authorized the applicant.
C. A particular statement of facts relied upon by the applicant to justify
his/her belief that an authorization should be issued, including:
1. The identity of the particular persons, if known, committing
the offense and whose conversation or communications are
to be recorded.
2. The details as to the particular offense that has been, is
being, or is about to be committed.
3. The particular type of conversations or communications to
be recorded and a showing that there is probable cause to
believe such communication will be communicated on the
wire communication facility involved or at the particular place
where the oral communication is to be recorded.
4. The character and location of the particular wire
communications facility involved or the particular place
where the oral communication is to be recorded.
5. A statement of the period of time for which the recording is
required to be maintained, if the character of the
investigation is such that the authorization for recording
should not automatically terminate when the described not
automatically terminate when the described type of
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communication or conversation has been first obtained, a
particular statement of facts establishing probable cause to
believe that additional communications of the same type will
occur thereafter.
6. A statement of facts showing that other normal investigative
procedures with respect to the offense have been tried and
failed or reasonably appear to be unlikely to succeed if tried
or to be too dangerous to employ.
Where the application is for the renewal or extension of an
authorization, a particular statement of facts showing the results
thus far obtained from the recording must be made, or a reasonable
explanation of the failure to obtain the desired results.
e. The application must make a complete statement of facts
concerning all previous applications, known to either the individual
authorizing or to the individual making application, made to any
court for authorization to record a wire or oral communication
involving any person whose communication is to be intercepted,
and the action taken by a court on each application.
4. The judge is required to make a report to the Administrator of the Courts
including certain information relative to the authorization.
5. Judicial authorization is valid even if:
a. There is a change in the time or location of the communication or
conversation, or
b. Unnamed parties are brought into the conversation or
communication by the non -consenting party after judicial
authorization is granted.
6. Recording must be done in a manner to prevent editing or alteration
(including such steps as knocking the tabs out of the tape and initiating the
tape at the start and finish as well as maintaining proper chain of custody).
7. Relative to the investigation of narcotics offenses, the authorization is valid
for fourteen days and may be extended for an additional fourteen day
period (seven for other felonies with a seven day extension).
8. RCW 9.73.140 provides for the required filing of an inventory of the
intercept and recording procedure.
9. Violation of this section of the statute is a gross misdemeanor.
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10. Civil liability under this section may include actual damages plus
exemplary damages of $100 per day (up to $1,000.00 exemplary
damages) along with reasonable attorney's fees and court costs.
5.5 ARREST AND RAID PROCEDURES
No officer shall affect an arrest alone, except in emergency circumstances where
an arrest must be made for the protection of persons or property. In such
circumstances, the officer shall comply with the dictates of sound judgment.
All arrests and/or raids shall be accomplished with the use of a Safety Plan
format. The Safety Plan shall minimally include, but not be limited to, the
following:
1. Identity and photograph of the informant, if available.
2. Identity of the suspects and associates who may be
encountered in the investigation. Photographs of each
individual shall be included if available.
3. A detailed description of locations which will be searched in
the investigation.
4. Identification and description of all suspect vehicles which
may be encountered.
5. The potential for violence of any suspect, including any
weapons, dogs, or other dangers which may be confronted
by investigative members.
6. Arrest and/or duress signals, both verbal and visual.
7. Contingency plan(s).
All arrests and/or raids shall be preceded by a Safety briefing. The briefing will
include a review of the Safety Plan, the assignment of personnel to investigative
tasks, and an introduction of all investigative members involved.
If the circumstances indicate the probability of dangerous persons, the
Commander (or Unit Supervisor in the Commander's absence) will determine if a
SWAT Team will be requested. The procedure for requesting/utilizing a SWAT
Team is detailed in Chapter 5.6, "High Risk Warrant Entries".
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Any warrant service involving a known or suspected clandestine drug laboratory
is categorized as "high-risk". Procedures for clandestine laboratories are also
detailed in Chapter 5.6, "High Risk Warrant Entries' and Chapter 5.7,
"Clandestine Drug Laboratories".
It is recommended that the appropriate prosecutor and county jail be notified if a
large number of arrests are anticipated.
Warrants:
It is Task Force policy that arrest and search warrants will be served at a
residence by a minimum of two unit officers accompanied by uniformed
officer(s) from the agency of jurisdiction. Exceptions to this procedure will
require prior authorization of the Unit Supervisor.
Task Force officers or other plain -clothes officers shall wear a jacket or
coat which clearly represents them as police officers when serving arrests
and/or search warrants. A cap with appropriate identification is also
recommended. Exceptions to this procedure must receive prior approval
from the Unit Supervisor. In all cases, the matter of officer safety will be
the prevailing issue, in conjunction with the mission and goals of the Task
Force.
Personal protective body armor shall be worn beneath the arrest/raid
jacket by all officers involved. The primary members of the Raid Team
shall also wear "Raid Vests'.
When a search is conducted of a residence, the Unit Supervisor or case detective will
direct the activities of team members in assignments, evidence finders and custodians,
prisoner custody, etc. When practical, all searches should be followed up with a
second search by a different officer.
All Task Force officers will be equipped with the following equipment during any
"raid -like" situation:
1. Raid jacket, which is clearly marked "POLICE", and body armor shall be
worn, raid cap is recommended.
2. Duty weapon, which should be the weapon the officer is most familiar and
proficient with.
3. Extra ammunition. As a general rule, a minimum of two reloads of
ammunition.
4. Handcuffs and key
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Flashlight.
Available communications equipment.
5.6 HIGH RISK WARRANT ENTRIES
Hiah Risk Warrants:
Arrest and/or search warrants shall be considered "high risk" if intelligence
information indicates that there is a probability of encountering armed resistance,
suspect(s) with a known history of violent assaultive behavior towards police
officers, fortified or barricaded locations, locations known to contain a
clandestine drug laboratory, or any other circumstances or combination of
factors that escalate the situation into a "high-risk" category.
If there is any question as to what category a warrant falls, it shall be classified
as "high-risk" in the interest of officer safety.
In situations where a Task Force arrest and/or search warrant is to be served
that is considered "high-risk', the following procedures will be followed:
1. The Task Force Commander will notify and brief the agency head (or
designee) of the jurisdiction involved, and make recommendations on
actions to take.
2. The jurisdictional agency head will determine which of the following
courses of action will be taken:
a. Request the assistance of a local SWAT Team in serving the
warrant, or in the case of a known clan lab, request the assistance
of the WSP SIRT Clan Lab Team.
b. Service of the warrant by one or more jurisdictional agencies, or
C. Conduct further surveillance or intelligence gathering efforts before
deciding on further actions. Such efforts will be carried out by the
jurisdictional agency with its own personnel, with recognition of the
time frames search warrants must be served within.
d. Threat matrix will be completed, and the Tactical Response Team
Commander will be consulted if necessary.
3. Once decisions have been agreed upon by the Task Force Commander
and the jurisdictional agency head on how and when a "high-risk' warrant
will be served, the jurisdictional agency will be responsible for entering
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and securing the location. The Task Force will then carry out the
mandates of the arrest/search warrant.
5.7 CASE ACTIVATION AND DECONFLICTION PROCEDURE
Purpose:
The Interagency Narcotics Enforcement Team recognizes the importance of
deconfliction and the sharing of information with other law enforcement agencies.
Deconfliction and proper case activation procedures will enhance officer safety and
efficiency of criminal investigations. As such, the following procedure will be adhered to
when executing a planned operation or conducting a felony level criminal investigation.
In most instances this procedure will not apply to general patrol level investigations.
Definitions:
Deconfliction: A process that law enforcement officers rely upon to enhance their safety.
By notifying a central location of a planned event prior to its execution, officers will not
accidentally target another law enforcement officer or compromise another
investigation.
Planned Operation: For the purposes of deconfliction, an operation (or event) is defined
as any pre -planned tactical or investigative operation by INET personnel that officers
should reasonably believe could subject officers, informants, property, and/or the
general public to greater than normal peril — meaning there is a potential for injury to
officers or others, and/or damage or loss of property due to misfortune or the intentional
criminal conduct of others. Events include, but are not limited to, the following:
1. The service of search warrants;
2. The service of arrest warrants;
3. The planned arrest of a person immediately after he or she has delivered or
received, or attempted to deliver or receive, contraband to or from an officer or
informant ('buy -busts', "stings");
4. Taking delivery of contraband from a suspect who is not arrested, but allowed to
leave pending further investigation ('buy -walk");
5. Informant or officer face-to-face meetings with suspects for the purpose of
receiving, delivering, or negotiating the receipt or delivery of contraband;
6. Approaching a person at his or her place of domicile and requesting permission
to search contraband ("knock and talk");
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7. Elaborate or protracted surveillances, whether stationary or mobile, particularly
those occurring in the jurisdiction of a non -participating law enforcement agency or
outside of the task force service area.
8. Covert activity by task force officers, or by informants acting under the direction
of task force officers, that could initiate a response from citizens or local police who may
reasonably believe that a crime is in progress;
Safety Plans: The formal task force document containing all information pertinent to the
operation (objectives, suspects, participating officers and their responsibilities,
contingency plans, deconfliction efforts, etc.). Safety plans are required for any event
described in 1 through 8 above.
Western States Information Network (WSIN): One of the Regional Information Sharing
System (RISS) projects created by congress in the 1970's to connect law enforcement
investigations (RISSlntel) and de -conflict operations (RISSafe) nationally. WSIN
provides a centralized information system located in Sacramento, California, where law
enforcement agencies and HIDTA projects report information regarding the identification
of criminal suspects and conduct de -confliction for planned operations.
High Intensity Drug Trafficking Area (HIDTA): The HIDTA program, created by
Congress with the Anti -Drug Abuse Act of 1988, provides assistance to Federal, state,
local, and tribal law enforcement agencies operating in areas determined to be critical
drug-trafficking regions of the United States. The Northwest HIDTA Watch Center,
located in Seattle, provides Event Deconfliction services to all task forces, regardless of
HIDTA designation. Event details and operational plans are held in strict confidence
and are used only to identify operational and or case/subject conflicts. HIDTA assists
agencies with investigative de -confliction by searching and storing information in
RISSlntel and by de -conflicting operations utilizing RISSafe.
The Regional Information Sharing System and WSIN the Western Region work hand
and hand with the HIDTA projects nationally. When Watch Center services are
required, WSIN requests officers call NW HIDTA at 1-888-388-3784.
Deconfliction Procedure
The assigned detective or officer shall report all planned operations to the Northwest
HIDTA Watch Center by telephone (1-888-388-3784) or by completing an online
submission. After normal business hours and on weekends, calls are automatically
transferred to the WSIN Watch Center in Sacramento. Alternatively, event information
can be transmitted electronically using RISSafe utilizing a computer or any smart phone
or tablet. When completing an online submission, officers should print a copy of the
RISSafe deconfliction and attach it to the safety plan. In either case, deconfliction must
occur at least two hours prior to the planned operation to allow sufficient time for Watch
Center employees to identify potential conflicts and/or case overlaps.
The case officer will provide the following information at a minimum to the Watch
Center:
46
1. Date and time of planned operation;
2. Nature of the operation;
3. Location of operation, including any staging areas;
4. Information about the suspect(s), including full names, aliases or street names,
physical descriptors, vehicle information, telephone and violence potential;
5. Lead and other participating (OPA) agency names;
6. Name and office of the assigned detective, including cellular telephone number
The case officer should request to be notified of any other planned law enforcement
activities occurring within 1 mile of the planned operation. The case officer shall also
notify their direct supervisor that notification to WSIN has been made. Should the Watch
Center detect other law enforcement activity occurring within the designated area, the
Watch Center will notify both agencies and encourage contact with one another to de -
conflict. Any (task force name) personnel receiving event conflict information from the
Watch Center will immediately notify the case officer and the task force supervisor.
If the event will occur in the jurisdiction of a non -participating agency, prior notice will be
given to the communications center of that agency. If it occurs in the service area of
another local drug task force, notice will be given to any person from that task force.
All deconfliction efforts will be documented on the safety plan, whether it is an
abbreviated plan or full plan, to including the name, title, and agency of any persons
notified, and the time and date of the notification.
Any exemption or deviation from this procedure or a request from a detective or officer
to maintain a higher level of confidentiality shall be considered on a case-by-case basis
and approved only by the task force commander.
A NW HIDTA / WSIN Deconfliction check box has been added to the agency Safety
Plan. The date time and operator worked with to deconflict, shall be documented.
Case Activation Procedure
Upon the assignment of an active felony investigation on a named suspect, detectives
shall run all suspects through both the WSIN and LInX databases.
In cases meeting the criteria outlined below, detectives shall enter the suspect and all
associated suspects and case identifiers to the WSIN RISSlntel database. This
notification shall take place by either entering the information directly into the WSIN
RISSlntel database via the Internet or by calling the NW HIDTA Watch Center at 1-888-
388-3784. If the detective discovers that no previous record of the suspect exists in
WSIN, the detective will proceed with the new entry (Subject Card). If the detective
discovers that a record of the suspect already exists in the WSIN RISSlntel database,
the detective will link a Subject Card with their information to the existing record.
Entry into the WSIN RISSlntel database should be guided by, but not necessarily limited
to the following types of cases:
47
1. Suspects are known gang members. This should also include any intelligence
information pertaining to the gang members; Gang members will be entered into the
WaGang, Washington state gang database. Only designated "Gatekeepers" who are
gang experts can entere subjects into this database. Task force detectives will utilize a
process specific to their region to forward gang intelligence to their designated
Gatekeeper for enter into the system. The WaGang database will be hosted by the
Regional Information Sharing System and thus will be accessible by law enforcement
nationally.
2. Suspects or groups engaged in on-going criminal activities involving serial
property crimes such as auto theft rings, financial crime rings, burglary rings, and
organized retail theft;
3. Suspects in high profile cases such as homicide investigations, robberies, and
hate crimes.
4. Subjects involved in drug trafficking, weapons trafficking, human trafficking,
manufacturing of control substances etc...
5. Any other time the officer has reasonable suspicion of criminal activity and would
like to share and possible connect intelligence reference that activity with law
enforcement at all levels of government, nationally.
This list is not designed to be all-inclusive. Detectives shall consult with their direct
supervisor if there is any doubt over whether or not to make an entry.
A Case Activation checkbox will be added to the Detective Case Checklist that
accompanies all detective case files. This box will be checked only after a suspect has
been run through both the WSIN and LInX databases and an entry made into WSIN if
applicable. Data upload for LInX is done automatically, so there is no need for officers
or detectives manually input this data.
Dissemination
The WSIN database has three levels of confidentiality: full release, limited release, and
no release (restricted). Detectives making entries in to WSIN may select open - release
all information, release limited Information, or restricted - no information release. Before
any entry is labeled as no information release, it must first be reviewed and approved by
a supervisor. As noted above, any exemptions to the case activation procedure must be
reviewed on an individual basis and approved by the Task Force Commander.
The information submitted to the WSIN database remains the property of the submitting
agency, which controls the input and dissemination of its information in accordance with
current laws and the agency's disclosure policies. A controlling agency must grant
written permission for disclosure of its information by another law enforcement agency.
Intelligence Sharing
Generally, authorized personnel may only enter "general intelligence" into the WSIN
database in accordance with Title 28, Part 23 - Code of Federal Regulations (28 CFR
Part 23). There must be reasonable suspicion that an individual is involved in criminal
activity or conduct and that the information is relevant to that criminal activity or conduct.
No criminal intelligence information shall be maintained or collected based solely upon
political, religious, or social views, associations, or activities of any individual or any
48
group or organization unless such information directly relates to criminal conduct or
activity and there is reasonable suspicion that the subject of the information is or may
be involved in criminal activity.
Training and Access
All detectives, officers and administrative staff with assignments that could require them
to perform case activation or deconfliction should receive WSIN training enabling them
to navigate through the computer program as well as obtain security access to the
system. Detectives, officers or administrative staff who do not have WSIN training
and/or security access to the WSIN system will partner with a detective/officer who does
have training and access to comply with the case activation requirements of this
procedure.
5.8 CLANDESTINE DRUG LABORATORIES
When planning to execute a warrant at a location known to contain a clandestine
laboratory, it will be handled as a high risk warrant and policy 5.6 will be followed.
If a suspected clandestine laboratory is discovered during a Task Force
operation detectives should:
Initial Response
1. Evacuate the site.
2. Warn all persons that there shall be no smoking within 500 feet of
the site.
3. Cordone off the site, out to a distance that is safe from any vapor
area.
4. Keep all persons upwind/upgrade and at a recommended safe
distance of 100 yards.
5. Allow no one to re-enter the site unless they are properly equipped
and trained for working in a clandestine laboratory. Re-entry may
be made once a certified clan lab officer has declared the site safe
for entry.
6. If people are located inside of an operating lab, their decontamination and
a medical examination should be considered. Contaminated suspects
should be placed in Tyvex suits and handcuffed with flex -cuffs prior to
being transported. Suspect/occupant decontamination should be based
on :
49
a. Obvious signs of contamination present on the person.
b. Whether the lab was operational
C. Persons location in relation to the lab scene.
d. Extent of visual contamination present at the lab scene.
e. Types of known chemicals at the lab scene.
7. If children are located inside a lab site, they should be placed into
protective custody and turned over to C.P.S.
Notifications
1. The on -duty Officer -in -Charge of the jurisdictional law enforcement
agency.
2. Fire and Ambulance
a. If it is an operation lab.
b. If it is a non -operational lab with escaping fumes that are a
potential health or fire risk.
3. A clan lab certified officer to make a visual assessment.
4. WSP Clan Lab Team, once a visual assessment has been made or
if no lab -certified officer is available.
5. CPS, if children are present or appear to have been living in the
site.
6. Health Department, if the lab site is in a permanent structure.
7. Department of Ecology
a. They should be scheduled to arrive at the conclusion to the
processing the lab for evidence.
8. The Property Owner
a. By posting a notice on the property.
b. Verbally.
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C. By written letter.
Site Security
Clan lab sites need to be secured as a crime scene until it has been processed
for items of evidence. This is the responsibility of the law enforcement agency
with jurisdiction for the site area. The Task Force supervisor should contact that
agency to make those arrangements.
When another law enforcement agency notifies the Task Force that they have
located a suspected clan lab:
1. The case belongs to the locating agency, unless the agency supervisor
and the Task Force supervisor both agree on the Task Force taking over
the case. That would normally occur only if the lab/suspects involved are
known to be currently part of an active Task Force case.
2. The Task Force will assist by sending a clan lab certified detective, if
available, to conduct a visual assessment of the suspected lab site.
3. If the Task Force dose not have a clan lab certified detective available, the
Task Force would assist the locating law enforcement agency with making
contact with WSP SIRT.
4. The Task Force will document all labs that come to their attention by
completing:
a. A Task Force coversheet, with case number, attached to the
locating agencies case report.
b. A WSIN card.
Clandestine Druci Laboratory Certified Detectives
The Task Force will make an effort to train and equip assigned detectives, based
on budgetary and training class availability, to a level of certification where they
can safely enter, assess, and process a suspected clandestine drug laboratory
and be in compliance with all WAC rules pertaining to work conducted in and
around labs.
Clan Lab certified detectives will be allowed to participate as members of the
WSP SIRT Clandestine Laboratory team. They will operate under the direct
supervision of the WSP supervisor and follow all policies of the WSP Clandestine
Laboratory Policy Manual while participating as part of that team.
Clan Lab certified detectives will be allowed to conduct visual assessments of
51
suspected clan labs, independently of WSP SIRT. These visual assessments
will only be conducted by Task Force detectives if they require a Level C or Level
D Personal Protective Equipment. The visual assessment will be to determine;
1. Is it a clan lab?
2. What type of clan lab is it?
3. What chemicals are present?
4. The amount of contamination present.
5. Can the lab be safely removed and stored for processing/disposal at a
later time?
6. What level of WSP SIRT response is needed.
Once the visual assessment is complete, the clan lab certified detective will
contact the WSP SIRT Clan Lab Team supervisor with the above information,
and follow their instructions as to how to proceed.
Clan Lab certified detectives will not conduct a visual assessment if:
1. Level A or Level B Personal Protective Equipment is required.
2. The suspected lab is in a confined space, or an enclosed, unventilated
space.
3. The lab environment had caused people to be overcome or made ill from
fumes.
In the above instances, WSP SIRT will be immediately notified and the site
secured until their arrival.
At the conclusion of each visual assessment and/or WSP SIRT assist, the
responding detectives will each complete an exposure report. This report will be
signed by the Task Force supervisor for retention.
Training
All Clan Lab certified detectives will complete training, as mandated by WAC
296-62-3040.
Required training will include:
1. An accredited 40 -hour basic clandestine laboratory safety school.
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2. Twenty-four (24) hours of field experience under the direct
supervision of a qualified clandestine laboratory WSP SIRT team
member.
3. Eight (8) hours of refresher training annually.
Medical Monitoring
All Clan Lab certified detectives will participate in a medical surveillance program.
That program shall comply with WAC 296-62-3050, and include the following:
1. A base line physical examination shall be obtained prior to
attending the basic clandestine laboratory safety school.
2. An annual refresher physical examination obtained by each clan lab
certified detective.
3. An examination obtained by any detective who is injured or overexposed
to hazardous substances or who develops any signs or symptoms
indicating possible overexposure.
4. A physical examination at the conclusion of the detectives
assignment to the Task Force
The Task Force will bear all the costs associated with the medical surveillance
program.
Medical examinations shall include a medical and work history, with special
emphasis on symptoms related to the handling of hazardous substances and
health hazards associated with clandestine laboratories and to fitness for duty,
including the ability to wear required personal protective equipment under
conditions (e.g., temperature extremes) which may be expected in laboratories.
All medical examinations shall be performed by or under the supervision of a
licensed physician.
A medical file for each clan lab certified detective will be maintained by the
Support Specialist. This file will include physical examinations, injury reports,
and exposure reports. This file will return wit the detective to their parent agency
at the conclusion of their assignment to the Task Force.
Record Keeping
The Task Force Support Specialist will maintain a file for each clan lab certified
detective which will contain the following:
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1. Base Line Physical Examination Report
2. Annual Physical Examination Report
3. Exit Physical Examination Report
4. Clan Lab Training Class Documentation
5. Respirator Fit Test Record
6. Exposure Reports
At the conclusion of the detectives assignment to the Task Force, their individual
file will go with them to their parent agency.
5.9 MEDIA RELEASES
To ensure consistency, the Commander or his/her designee will be the only
employee authorized to talk to the media regarding investigations that the unit is
performing or has performed in the past.
Any ongoing investigative information that the Commander may give to the
media must be coordinated through the involved prosecutor's office. General
media releases will be coordinated through the staff members of each
participating agency, and such releases will be distributed as a cooperative law
enforcement effort between those agencies involved. A generic statement giving
equal credit to all participating agencies shall precede the case specifics given to
the media.
If an investigation generates media interest to the degree that an interview or
media conference is requested, the Task Force Commander will notify the
involved prosecutor's office and jurisdictional agency head. The parent agency
will coordinate any such interviews/conferences.
5.10 NASAL NARCAN (NALOXONE)
Purpose:
To establish guidelines and regulations governing utilization of the Nasal Narcan
administered by the Interagency Narcotics Enforcement Team. The objective is
to treat Opioid Overdoses and reduce fatal Opioid Overdoses.
Policy:
54
It is the policy of the Interagency Narcotics Enforcement Team that detectives
who will be administering Nasal Narcan are properly trained in the use and
deployment of the Nasal Narcan.
Nasal Narcan is only intended for use on law enforcement personnel in the
event of an unintentional Opioid exposure.
Procedure:
1. Each detective in the Interagency Narcotics Enforcement Team will be issued
a Naxalone Nasal Narcan kit, to be carried in their issued vehicle when deployed
on a mission.
NOTE: Nasal Narcan may be damaged by extreme temperatures, both high and
low. Due to this fact, consideration should be given to storing the Narcan in the
interior of a vehicle when these conditions exist and taking the Narcan from the
vehicle and storing it inside after a mission is completed.
2. Nasal Narcan Coordinator: The Unit Supervisor or his designee will serve as
the Nasal Narcan Coordinator.
The Nasal Narcan Coordinator shall be responsible for the following:
a. Ensuring the Nasal Narcan is current and not expired.
b. Proper and efficient deployment of Nasal Narcan.
c. Replacement of any Nasal Narcan that is either damaged, unusable, expired
or deployed.
d. Ensuring all personnel that will be using Nasal Narcan has received
appropriate training in such.
e. Ensure that any deployment of Nasal Narcan to a subject will have a
corresponding police report documenting such deployment.
3. Nasal Narcan use.
When using the Nasal Narcan kit, detectives will maintain universal precautions,
perform patient assessment; determine unresponsiveness, absence of breathing
and/or pulse.
Officer Nasal Narcan Deployment Protocol:
a. Identify and assess victim for responsiveness, pulse and status of breathing
b. If no pulse, initiate CPR and AED as per normal protocol; notify incoming EMS
c. If pulse is present and the victim is unconscious, assess breathing status
d. If breathing is adequate (>8 per minute, no cyanosis) and no signs of trauma,
place in the recovery position
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e. If breathing is decreased or signs of low oxygen (cyanosis) and overdose is
suspected (based on history, evidence on scene, bystander reports, physical
examination) then proceed with Narcan administration
f. Retrieve Narcan kit
g. Assemble kit
h. Administer a maximum of 1 mg in each nostril for a total of 2mg, using the
mucosal atomizer device
i. Initiate breathing support with pocket mask, bag -valve -mask and oxygen if
available.
j. If no response after 3-5 minutes and a second dose of naloxone is available,
repeat the administration
k. Continue to monitor breathing and pulse — if breathing increases and there is
no evidence of trauma, place in the recovery position
I. If at any time pulses are lost, initiate CPR and AED as per normal protocol
m. Keep responding EMS advised of patient status when able to do so
n. Give full report to EMS when they arrive
o. Complete documentation and internal department procedures for restocking
and notification
NOTE: When a detective deploys nasal Narcan and it results in a resuscitation of
an overdose victim, that officer should ensure that person receives appropriate
follow-up care. The effects of Narcan only last for a limited period of time and the
person may experience another opiate overdose when the effects of the Narcan
wear off. As such, every effort should be made to encourage that person to be
transported to the hospital for additional care. If the person refuses additional
care, police should ensure that person is taken to a medical facility by
ambulance. Furthermore, the officer should accompany the ambulance
personnel for their safety. Local police and EMT procedures should not be
otherwise circumvented as a result of this protocol.
4. Maintenance / Replacement
a.An inspection of the Nasal Narcan kit shall be the responsibility of the
personnel assigned the equipment and will be conducted periodically.
b. Missing or damaged Nasal Narcan kit(s) will be reported directly to the Unit
Supervisor who shall notify the Department's Nasal Narcan Coordinator.
c. Where any condition that necessitates the Nasal Narcan kit to be taken off
line or be submitted for replacement this information shall be directed to
the Nasal Narcan Coordinator. It should be noted that Narcan has an
expiration date per the manufacturer. As such, all personnel assigned
Narcan shall be responsible for checking the expiration date of the
product. If expired, the Nasal Narcan Coordinator shall be notified as soon
as possible.
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d. Replacement: The Nasal Narcan Coordinator shall be responsible for
replacing the Nasal Narcan.
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CHAPTER 6: EVIDENCE and SEIZURES
Interagency Narcotics Enforcement
Effective Date:
Revised Date:
Team
01/01/2013
01/23/2018
Dissemination: Task Force Personnel,
Subject:
Pages:
Executive Board
Evidence and Seizures
57- 77
6.1 EVIDENCE POLICY
Druo Evidence
Drug evidence includes all evidence seized or taken by a narcotics detective
pursuant to RCW 69.50.505. This material shall be collected, maintained, and
disposed of in the manner set forth in this policy.
Responsibility for Evidence:
The detective who acquires or is assigned responsibility for drug evidence shall
maintain custody of the evidence until it is transferred to a Washington State
Patrol crime laboratory, evidence custodian, or a court. The number of
detectives involved in actual handling of exhibits shall be restricted to minimize
the number of detectives who must subsequently testify in court. The detective
responsible for evidence shall process and submit it to the crime laboratory as
soon as possible.
Collection:
Strict adherence to the following procedures and precautionary measures is
essential. Detectives shall:
1. Not attempt to identify substances by taste or odor.
2. Not permit suspects to retrieve or handle evidence during a search.
3. When practical, photograph suspected drug evidence in its original
location prior to collection during a search.
4. Collect and handle evidence acquired from different locations as separate
exhibits.
5. Collect and handle separate unpackaged quantities of suspected drug
evidence as separate exhibits.
6. Collect and handle empty containers or paraphernalia with evidence of
suspected drug residue as drug evidence.
7. Exercise care to avoid contamination of evidence and loss by spillage
a. Non -contaminated containers shall be used when necessary to place
evidence in a substitute container.
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1. Ensure that the substitute container will fully contain and safely
preserve the substance during handling and shipping.
2. Envelopes and other containers subject to leakage will not be used
as a substitute container for powdered substances.
b. Package and identify substances recovered after inadvertent spillage
as a separate exhibit.
Field Tests:
Field tests shall be conducted as necessary to determine the identity of the drug
and immediate investigative strategy to be employed. All detectives shall be
trained the proper field test procedures.
1. The Investigative Report shall include the performance and results of all
field tests (positive or negative), the names of the detectives conducting
the test, and names of witnessing officer(s).
2. Under no circumstances shall a detective destroy or otherwise dispose of
suspected drug evidence which does not react positively to a field test.
Reporting Drug Acquisitions:
All drug acquisitions shall be documented in the Spillman Evidence
module.
A Request for Laboratory Examination form shall be prepared for all drug
evidence submitted to the crime laboratory for analysis.
Evidence Documentation
Task Force evidence tracking, processing, and documentation systems required
that each and every piece of evidence or seized property be separately identified
and recorded in the Spillman Evidence module.
When containers such as brief cases, duffle bags, sacks, etc. are seized or taken
as evidence, the container itself as well as each item inside must be separately
identified and recorded in the Spillman Evidence module. Generalized evidence
listings such as 'Bag and Contents" are not acceptable.
The officer's narrative report should reflect that items # through #
were found inside of item # . Because of these documentation
requirements, detectives shall only seize those items which are significant to the
case.
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Seized Money:
Procedures when funds are discovered:
Seizures of funds shall be carefully handled to avoid discrepancies
in counting the funds and to avoid accusations of theft or
misappropriation of a defendant's funds.
Whenever funds are discovered on a defendant or in a premises
being searched, the finding detective shall summon a witnessing
officer immediately. The funds shall be counted in the presence of
at least two officers. In case of large seizures, the funds may be
secured until such time they can be taken to a bank and counted on
a money counting machine.
Authority to seize funds:
Funds may be seized as evidence, which means that they are
previously recorded and expended advance funds. Funds may be
seized for comparison with lists of advance funds previously
expended provided there is reason to believe the funds may
contain bills from previous expenditures.
b. Funds may be seized for safekeeping subject to return to the lawful
owner.
C. All monies seized by the Task Force shall be proceeded against as
an administrative forfeiture pursuant to RCW 69.50.505(a-7).
Money that is not traceable under RCW 69.50.505 (a-7) could be
subject to a jeopardy tax assessment from the Internal Revenue
Service.
Processing seized funds:
a. The total amount of the seized funds shall be listed on an Evidence/
Property Report. The currency serial number of each bill need not
be listed. If the funds consist of recovered advanced funds, a
notation shall be placed on a copy of the original money list next to
the serial number of each recovered bill which identifies that
particular bill which identifies that particular bill as being recovered.
b. Evidence/Property Reports shall be used for recovered advanced
funds and other funds seized which are not identified as previously
expended advanced funds.
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C. Funds shall be packaged separately, as the disposition of funds
may be different for each type seized.
d. Funds shall be identified by assigning evidence numbers in
sequential order. Funds seized from different locations shall be
assigned separate exhibit designations.
e. Separate evidence numbers shall be assigned to recovered
advanced funds expended for different drug transactions (controlled
buys), even if they are recovered at the same time and place.
f. The funds shall be counted by two officers, and serial numbers
checked against the original money list. The funds shall then be
placed in the evidence envelope with the original money list bearing
the notation as to which bills were recovered. The two officers who
counted the funds shall witness the sealing of the funds in the
evidence envelope by signing the Evidence / Property Report. A
copy of the original money list shall be stapled to the outside of the
evidence envelope.
g. The investigative file shall contain a copy of the Evidence/Property
Report and any other receipts which establish the chain of custody
for the funds from the time of seizure.
h. At no time shall seized money be released without determining that
the person receiving the funds is entitled to them, and a proper
receipt for the funds has been obtained.
i. The details of the seizure shall be included in the Investigative
Report documenting the operation.
Identified advanced funds in hands of innocent third parties:
a. Under certain conditions, it may be important to an investigation to
recover, as evidence, identified advanced funds that have been
transferred to an innocent third party, such as a bar, business
establishment, etc. Officers shall be cautious not to jeopardize the
investigation while taking action to recover these funds. In these
circumstances, recovery of the funds shall be considered only when
it is important to the investigation. It shall be clearly established
that the person from whom the funds are recovered is, in fact, an
innocent party.
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Generally, the third party shall be given other advanced funds in
exchange for the expended funds which are to be recovered. In
affect, the evidence (the recovered funds) is being purchased from
the innocent third party. This type of expenditure shall be reported
on a Voucher for Payment of Information and Purchase of Evidence
form as a purchase of evidence, and the recovered funds shall be
processed as described in the previous section, "Processing Seized
Funds".
Seizures of Weapons:
Caution must be utilized when weapons (particularly firearms) are
seized. Firearms shall be unloaded immediately upon seizure by the
detective most familiar with the weapon.
Upon the seizure of any weapon within the jurisdiction of the Bureau
of Alcohol, Tobacco, and Firearms (ATF), the seizing detective shall
notify the nearest ATF Office of the seizure within one working day.
If ATF indicates interest in adopting a Task Force seized
weapon for prosecution, the seizing detective shall coordinate
surrender of the weapon to ATF at the earliest possible time.
Care will be taken to ensure the weapon remains available to
the State (INET/PA's Office) for criminal matters as they relate
to local charges.
To properly transfer the weapon, a release of evidence form
shall be completed and signed by the seizing detective and/or
Evidence Specialist and receiving ATF official.
Whenever a firearm (or other weapon) is secured solely for officer
safety while conducting a search and it is removed from the
premises, the following procedures will be followed:
The securing officer shall provide the owner of the weapon
with a copy of the Property Log and advise the owner of the
location where the weapon shall be taken and held.
The weapon shall be properly packaged and turned over to
the evidence specialist by using the Spillman evidence
module to log the weapon into custody.
Detectives securing firearms for safety purposes shall
immediately conduct a thorough investigation to determine if
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the owner is legally entitled to possess the firearm. Such an
investigation should include, but is not limited to:
1. Confirming with ATF, WACIC, and local authorities
the legality of the possession of the firearm.
2. Determining any state or local licensing requirements
with respect to firearm involved.
3. Determining from federal and local authorities
whether a ballistics examination is desired.
4. Determining through NCIC whether the firearm has
been reported stolen.
Firearms which have been seized and logged into the
evidence/property room at for safety reasons and are found to
be legally possessed by the owner shall be surrendered in an
unloaded condition to the owner as soon as such a
determination has been made.
The surrender by the Evidence Specialist of such
firearm to the owner shall ensure the appropriate
signatures are obtained on the evidence/property
release form (Spillman).
4. Once it is confirmed the weapon is not stolen, and that the weapon
will be held in evidence, the Case Detective shall ensure it is logged
into Evidence (Spillman).
5. In the event charges are not filed or dismissed against a defendant,
the Evidence/Property Specialist will notify the defendant of his or
her rights and the requirements to regain custody of the seized
weapon.
6. Weapons forfeited or not returned to the lawful owner shall be sold at
auction utilizing a federally licensed gun dealer.
7. Weapons deemed illegal will be destroyed by the Evidence/Property
Specialist.
8. The details of the seizure shall be included in the Investigative
Report documenting the operation
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Custody of Evidence:
Documenting transfer of evidence:
The initial transfer of evidence to the Evidence/Property Specialist shall be
logged through the Spillman Evidence module.
2. Any other transfer of evidence shall be documented and logged through
the Spillman Evidence module with the appropriate signatures required on
all hardcopy forms printed from this module.
Production of evidence in court:
Detective's presentation of evidence:
a. When evidence is withdrawn for any purpose from the
Evidence/Property Room, approval shall be based upon proper
identification of the requestor and the reason for the request.
b. The case detective shall be responsible for transporting the
evidence to court.
C. The detective and the Evidence/Property Specialist shall sign the
Spillman Evidence module printout showing transfer of the
evidence.
d. The evidence shall remain in the detective's immediate custody
until presented to the court to be marked as evidence.
2. The Judge may direct the detective to retain the evidence throughout the
court proceedings.
If secure storage is available which permits only single access, the
detective may store the evidence until required.
If secure storage in not available, the evidence shall remain in the
detective's immediate possession until returned to the Evidence/
Property Specialist.
3. Return of evidence to the appropriate Evidence/Property Specialist:
a. In jurisdictions where evidence is returned to the Task Force after
the trial or the appeal process, the case detective will normally be
responsible for returning the evidence to the appropriate
Evidence/Property Specialist.
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If the seal has been broken on any exhibit returned to the Task
Force by a court, the following actions shall be taken:
1. The case detective shall reseal the exhibit immediately
upon receipt from the returning court official.
2. When a plastic evidence envelope has been used, the
case detective shall inventory the contents of the unsealed
container to ensure that all subdivisions of the exhibit are
present. The detective shall acquire the signature of the
court official on the Spillman Evidence module printout, on
which the unsealed exhibits are listed, and provided a copy
to the court official. A copy shall also be filed in the case
file.
Promptly upon return to the office, the detective who
accepted custody shall reseal the exhibit in the presence of
a witnessing detective, and the two shall jointly verify the
gross weight (if applicable) of the exhibit.
In jurisdictions where the court assumes responsibility for final
disposition of evidence at the conclusion of the judicial process, the
case detective shall document such disposition through the
Spillman Evidence Module. A copy of this form shall be forwarded
to the appropriate Evidence/Property Specialist.
Bulk Drug Evidence:
Requirements as to the quality of seized evidence to be submitted vary among
the courts. Therefore, standard procedures cannot be prescribed for Task Force
use.
The case detective shall determine, in consultation with the Task Force
prosecutor and Unit Supervisor, the precise bulk evidence requirements in
specific cases.
The sampling and photographic procedures prescribed in this section shall
normally be employed.
Collection of bulk drug evidence:
In situations where it is impractical to forward the entire seizure to a crime
laboratory, the seizure shall be secured and the Task Force prosecutor
consulted to determine the precise sampling, photographing, and
destruction techniques to be employed.
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a. Identify separate exhibits.
b. The initial photographing of evidence shall be accomplished at the
site of the seizure. When practical, the extraction of samples and
the photographic record shall be accomplished where the evidence
is stored.
C. When evidence is discovered in vehicles, aircraft, or boats, the
conveyance may be moved to an area where cargo handling
equipment is available, or moved to a more convenient area for
unloading and process.
2. Photographing and extracting samples of bulk drug evidence:
a. Multiple digital photos of the bulk evidence will be taken and labeled
by the assigned Task Force Detective.
b. The memory disk will be formatted to prevent the removal or
alteration of the captured evidence images.
c. A copy of the images will be printed for storage in the case file.
d. The memory disk will be placed into evidence
e. Each photograph taken shall be self -documenting. A sign shall be
prepared and positioned so that the following information is clearly
readable:
a. Case number.
b. Names of seizing detectives
c. Exhibit number.
d. Date and time of seizure.
e. Geographic location of seizure.
In one set of photographs to be used as evidence, a clearly visible
unit of measure (such as a ruler, yardstick, or a detective) shall be
included to indicate the size of the seizure.
f. As an example, in the case of a large marijuana seizure, the
evidence shall be assembled and photographed as follows:
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a. First, the bulk exhibit shall be photographed in the original
position and location found.
b. Next, the unloaded, unassembled, stacked or piled evidence
such that samples may be extracted or sampled locations
marked shall be photographed. If the substance is enclosed
and concealed in containers or wrappings, openings shall be
made in several of the containers to reveal the substance
contained.
c. After assembling the evidence, extract from location either one
kilogram or one brick of substance. Place a clearly readable
marker bearing the letter "A" on the sample location. Next,
extract samples of approximately five grams each of the
substance from ten dispersed locations. As each sample is
extracted, consecutively mark each location with the letters "B"
through "K".
a. Photograph the entire seizure. Ensure that both the
descriptive sign and all of the letters on the sample
markers are clearly displayed.
3. Weight, count, and examination of bulk evidence:
Accountability of bulk seizures shall be maintained in terms of weight, the
number and type of containers, and the count of items, depending on the
form of the drug substance. In most instances, the ultimate destruction of
the evidence will be accomplished and certified through Task Force
destruction procedures, which will include by updating the Spillman
Evidence Module. The weight and count information on the report will
clearly document the destruction of the total seizure submitted to the crime
laboratory for analysis.
The following procedures shall be followed in documenting bulk evidence
seizures:
The seizing detectives shall visibly examine the contents of each
package to verify the uniformity of the seizure and determine if
other types of contraband are present.
b. The gross weight of the bulk seizure exhibit shall be determined
either by actual weighing of the entire seizure in original packaging
or by weighing representative containers and computing the weight
by multiplication of that weight by the number of like containers. In
either case, the gross weight of the entire exhibit shall be entered
on the inventory form.
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The net weight of the entire bulk seizure shall be estimated. First,
one of each representative empty containers or original wrapping
shall be weighed, and that weight multiplied by the number of
containers. The total container weight shall then be subtracted
from the gross weight. The resulting net weight shall be entered on
the inventory form.
The number and type of containers shall be entered in updating the
Spillman Evidence Module. If the substance is in brick form, the
number of bricks shall be entered.
Should a sample of bulk evidence be removed for emergency
analysis, such removal and analysis shall be considered a field test.
The field test must be followed and confirmed by a Washington
State Patrol crime laboratory analysis.
Storage of bulk drug evidence:
Bulk drug evidence shall be stored in such a place as to assure its
safekeeping until the receipt of the Washington State Patrol crime
laboratory analysis.
After receipt of the analysis, bulk evidence shall either be destroyed
in accordance with Task Force procedures or the entire seizure
shall be preserved for submission as evidence, depending on the
requirements of the particular court jurisdictions.
6.2 SEIZURES AND FORFEITURES
1. PHILOSOPHY
Although forfeiture is an action against property that action inevitably impact's
person(s). The courts can be expected to view such action in terms of their impact on
the constitutional rights of the person(s) so affected.
The Interagency Narcotics Enforcement Team will not initiate a case based solely on
asset seizure. Asset seizures must be made in conjunction with criminal activity and the
asset seized must be identified as seizable items as listed in R.C.W. 69.50.505.
Therefore, the officer's use of discretion and good judgment is as necessary during a
seizure/forfeiture incident as in an arrest situation. No member of the Task Force shall
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convert a seized/forfeited item into personal property without first following the
procedures set forth for any private citizen.
2. GENERAL SEIZURE INFORMATION
The Fourteenth Amendment to the United States Constitution provides that no state
shall deprive any person of property without due process of law. R.C.W. 69.50.505 sets
forth the circumstances under which a law enforcement officer may affect a seizure of
drug-related property.
A. Drug-related property may be seized:
1. Upon an order issued by any superior court having jurisdiction over the
property.
2. A seizure incident to an arrest or a search under a search warrant.
3. When the property subject to seizure has been the subject of a prior
judgment in favor of the state in a criminal injunction or forfeiture proceeding
upon R.C.W. 69.50.
4. When the law enforcement officer has probable cause to believe that the
property is directly or indirectly dangerous to health or safety.
5. When the officer has probable cause to believe that the property was
used or is intended to be used in violation of R.C.W. 69.50., and in
conjunction with R.C.W. 69.50.505.
B. The following property is subject to seizure and forfeiture:
A. All controlled substances which have been manufactured, distributed,
dispensed, acquired, or possessed in violation of this chapter or chapter 69.41 or
69.52 R.C.W., and all hazardous chemicals, as defined in R.C.W. 64.44.010,
used or intended to be used in the manufacture of controlled substances:
B. All raw materials, products, and equipment of any kind which are used, or
intended for use, in manufacturing, compounding, processing, delivering,
importing, or exporting any controlled substance in violation of this chapter or
chapter 69.41 or 69.52 R.C.W.
C. All property which is used, or intended for use, as a container for property
described in paragraphs (A) or (B);
D. All conveyances, including aircraft, vehicles, or vessels, which are used, or
intended for use, in any manner to facilitate the sale, delivery, or receipt of
property described in paragraphs (A) or (B), except that:
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1. No conveyance used by any person as a common carrier in the
transaction of business as a common carrier is subject to forfeiture under
this section unless it appears that the owner or other person in charge of
the conveyance is a consenting party or privy to a violation of this chapter
or chapter 69.41 or 69.52 R.C.W.;
2. No conveyance is subject to forfeiture under this section by reason of
any act or omission established by the owner thereof to have been
committed or omitted without the owner's knowledge or consent;
3. No conveyance is subject to forfeiture under this section if used in the
receipt of only an amount of marijuana for which possession constitutes a
misdemeanor under R.C.W.
69. 50.40 1(e);
4. A forfeiture of a conveyance encumbered by a bona fide security
interest is subject to the interest of the secured party if the secured party
neither had knowledge of nor consented to the act or omission; and
5. When the owner of a conveyance has been arrested under this chapter
or chapter 69.41 or 69.52 R.C.W., the conveyance in which the person is
arrested may not be subject to forfeiture unless it is seized or process is
issued for its seizure within ten days of the owner's arrest;
6. All books, records, and research products and materials, including
formulas, microfilm, tapes, and data which are used, or intended for use,
in violation of this chapter or chapter 69.41 or 69.52
7. All drug paraphernalia;
8. All moneys, negotiable instruments, securities, or other tangible or
intangible property of value furnished or intended to be furnished by any
person in exchange for a controlled substance in violation of this chapter
or chapter 69.41 or 69.52 R.C.W., all tangible or intangible personal
property, proceeds, or assets acquired in whole or in part with proceeds
traceable to an exchange or series of exchanges in violation of this
chapter or chapter 69.41 or 69.52 R.C.W., and all moneys, negotiable
instruments, and securities used or intended to be used to facilitate any
violation of this chapter or chapter 69.41 or 69.52. A forfeiture of money,
negotiable instruments, securities, or other tangible or intangible property
encumbered by a bona fide security interest is subject to the interest of the
secured party if, at the time the security interest was created, the secured
party neither had knowledge of nor consented to the act or omission. No
personal property may be forfeited under this paragraph, to the extent of
the interest of an owner, by reason of any act or omission which that
owner establishes was committed or omitted without the owner's
knowledge or consent, and;
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9. All real property, including any right, title, and interest in the whole of
any lot or tract of land, and any appurtenances or improvements which are
being used with the knowledge of the owner for the manufacturing,
compounding, processing, delivery, importing, or exporting of any
controlled substance, or which have been acquired in whole or in part with
proceeds traceable to an exchange or series of exchanges in of this
chapter or chapter 69.41 or 69.52 R.C.W., if such activity is not less than a
class C felony and a substantial nexus exists between the commercial
production or sale of the controlled substance:
3. The following property is not subject to seizure and forfeiture:
A. No property may be forfeited pursuant to this subsection, to the extent of the
interest of an owner, by reason of any act or omission committed or omitted
without the owner's knowledge or consent;
B. The bona fide gift of a controlled substance, legend drug, or imitation
controlled substance shall not result in the forfeiture of real property;
C. The possession of marijuana shall not result in the forfeiture of real property
unless the marijuana is possessed for commercial purposes, the amount
possessed is five or more plants or one pound or more of marijuana, and a
substantial nexus exists between the possession of marijuana and the real
property. In such a case, the intent of the offender shall be determined by the
preponderance of the evidence, including the offender's prior criminal history, the
amount of marijuana possessed by the offender, the sophistication of the activity
or equipment used by the offender, and other evidence which demonstrates the
offender's intent to engage in commercial activity;
D. The unlawful sale of marijuana or a legend drug shall not result in the
forfeiture of real property unless the sale was forty grams or more in the case of
marijuana or one hundred dollars or more in the case of a legend drug, and a
substantial nexus exists between the unlawful sale and the real property.
E. A forfeiture of real property encumbered by a bona fide security interest is
subject to the interest of the secured party if the secured party, at the time the
security interest was created, neither had knowledge of nor consented to the act
or omission.
6.2 GENERAL SEIZURE PROCEDURES
The policies and procedures contained in this section apply only to civil forfeitures.
1. Establish a nexus between the item(s) and a violation of R.C.W.
69.50.
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A. Seized assets must be identified as proceeds or purchased by the
proceeds of narcotics transactions.
B. Seized property vs. Evidence.
1. Item(s) seized as evidence of a violation of R.C.W. 69.50. shall
be placed Grant County Sheriff's Evidence/Property separately
from all other items seized for forfeiture purposes.
A. Any item placed in INET storage shall be marked with
the assigned INET case number and the case name.
2. When cash is seized, the money shall be separated from all
other seized items and placed into evidence in separate packages
from items of evidence and other seized property.
3. Other than cash, items seized for forfeiture purposes which are
not needed as evidence may be stored in the INET storage facility.
4. Serve all owner(s), in person if possible, with a Notice of Seizure
and Forfeiture form that details all the items seized, including a
description, and if applicable serial number, of all the listed items.
A copy of all the completed Seizure Form must be forwarded to the Task Force support
specialist with a note indicating whether all owners have been identified and served with
a Notice of Seizure and Forfeiture.
1. A documented effort shall be made to locate and identify all owners of seized
property.
2. If it is not possible to serve in person the Notice of Seizure form on all owners,
then within 10 days of the seizure, a copy of the Notice of Seizure and Forfeiture
form must be mailed, via registered and/or certified mail to all known owners
who have not been served.
Vehicle Seizure Requirements (along with the items listed above)
1. A completed vehicle equipment and identification form.
2. A copy of the vehicle registration identifying the legal and registered owners.
3. A photograph or diagram detailing the condition of the vehicle when it was
seized.
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A. The Support Specialist will prepare a seizure file that is separate from the case file.
The seizure file shall, at a minimum, contain:
1. List case file information including name of suspect, Task Force case number,
and name of case manager.
2. List the date of seizure and the end of the 45 -day period.
Owners have 45 days in which to contest a task force asset seizure. The
45 -day period begins the day of the seizure. This notification shall be done
in person, if possible, or via certified/registered mall. If no contesting
notification has been received at the end of the 45 -day period follow the
procedures set forth in the —Contested items awarded to Task Force
section.
3. Original of Notice of Seizure Forfeiture Form.
4. Receipts of Registered/Certified Mail.
5. All appropriate seizure contesting notifications.
6. Any other items deemed appropriate for the seizure case.
7. Enter seizure into necessary computer tracking data bases.
6.3 CONTESTED SEIZURE PROCEDURES:
1. A copy of the contesting letter is forwarded to the Grant County Prosecutors
Civil department, if there is an attorney of record for the claimant.
2. Support Specialist will set date for hearing.
A. The Case manager is required to attend the Forfeiture/Seizure hearing
along with the prosecutor from civil department.
3. Finding of fact, conclusion of law & order will be prepared by the Support
Specialist
4. Items Awarded to Contesting Party:
A. After receipt or proper notification of order awarding item(s) to
contesting party, Evidence/Property Specialist will arrange for the prompt
return of item(s) to rightful owner. A copy of the order shall be placed in
the seizure file.
6.4 ITEMS AWARDED/NONCONTESTED SEIZURE PROCEDURES:
74
Items Awarded to Task Force:
1. Wait 30 days. This allows the contesting party(s) the required amount of time
to contest hearing officer's decision.
Non -Contested Seizures:
1. INET must wait 45 days to give any party the opportunity to contest an asset
seizure.
2. After the 45 -day period has elapsed.
A. Support Specialist will prepare an Order of Forfeiture for the
Sheriffs signature.
B. If applicable, arrange prompt return of the item to innocent
third party. The party will be required to sign an Indemnity
Agreement prior the Task Force releasing any asset.
C. The Task Force will wait 30 days before the item is officially
declared Task Force property.
Items Forfeited to Task Force
1. Cash: The Task Force Support Specialist will prepare a quarterly fund
transfer from the holding account to the 109 account and forward a copy the
form to the Task Force Sergeant/Commander & Undersheriff.
2. Other Property:
A. The Task Force supervisor, in consultation with the Task
Force Commander, will determine the best course of action for
the disposal of property awarded to the Task Force. Items may
be auctioned or absorbed into the Task Force inventory.
Item(s) Auctioned:
1. Item(s) are prepared for auction.
2. Item(s) are transported to auction.
3. The auction company will auction the items to the highest bidder and then
forward the proceeds of the auction to the Task Force.
4. The funds (check) received from the auction company are attached to a
completed Grant County deposit transmittal slip and forwarded to the Grant
County Auditor's office for deposit into the 109 account.
75
5. Proceeds Distribution.
A. For all cash received - 10 percent of funds paid to the State of
Washington -Treasurer
B. Items Auctioned
1. 10 percent of proceeds of the auction are paid to the
State of Washington -Treasurer
Item(s) absorbed into Task Force Inventory
1. Determine Value of property.
2. Memo declaring description and value of the item prepared and placed into
the seizure file.
3. Item(s) included in Task Force equipment inventory.
4. 10 percent of determined value paid to Washington State Treasury.
6.5 TASK FORCE ASSET SHARING
It is the policy of INET that a fair, equitable, and open process will be followed regarding
the sale of all Task Force property.
6.5 REAL PROPERTY SEIZURES
Real property seizures initiated by INET shall include the case officer's completed case
file, including all officer reports and notes; affidavit for search warrant, search warrant,
and return of service to ensure the initial criteria for seizure has been met. Primary facts
should be addressed prior to seizing real property. Prior to seizing real property, the
case detective shall make a documented effort to confirm that the real property owner is
not an innocent third party.
Task Force sergeant will review all case reports pertaining to the real property seizure.
The Task Force sergeant shall write a cover report for review by the Task Force
Commander, before the real property seizure is forwarded to the Prosecutors Office.
The determination whether to seize real property shall be made by the Task Force
supervisor with the concurrence of the Task Force Commander.
REAL PROPERTY SEIZURE GUIDELINES
The assigned law enforcement personnel shall ensure a pre -seizure meeting between
INET and the prosecuting attorney prior to the initiation of any real property seizure, and
76
prepare an additional working case folder for the real property seizure. This file shall
contain the following information.
Required Reports for the Seizure of Real Property through 9A.82 or 69.50
A. Obtain information from the requesting agency to determine seizure
scope, and discuss with Prosecutors Office.
1. Copy of search warrant.
2. Copy of return of warrant.
3. Copy of the affidavit.
4. Copy of case officer's complete case file.
B. Ensure that the street and legal description of property is correct.
C. Determine if property will meet criteria for refinancing
1. Partially completed structures—Contact building department.
2. Septic systems—Department of Health.
3. Hazardous materials (i.e., underground or above ground gas or
oil storage tanks)—Department of Ecology.
D. Multiple family dwelling units on single family unit/ lots—Public Works.
1. Obtain plat map(s) of target area(s).
2. Obtain a title report to establish owners, liens, etc.
3. Establish present market value of the asset.
4. Determine the ratio between fair market value and liens.
(If the occupant of the seized property is an innocent third party and is allowed to
remain in the residence, a new occupancy/rental agreement shall be completed and
signed. This agreement must be coordinated through the prosecutor's office. A
background check must be completed on all occupants.)
5. Assist the Prosecutors Office with draft of seizure documents
and review these documents before filing.
6. Ensure court documents are in order and filed with the Superior
Court.
77
A. Notice of Seizure and Intended Forfeiture
B. Lis Pendens—Original filed with the county auditor
C. Warrant of Arrest in Rem
D. Summons
E. Complaint for Forfeiture In Rem
F. Affidavit in Support of Probable Cause for Seizure
1. The case officer must sign and have notarized the
affidavit in support of probable cause.
G. Obtain notarized copies of seizure documents.
N. Establish vendor services needed.
1. Conduct vendor background investigation
2. Utilities
3. Storage
4. Insurance
5. Property management
78
CHAPTER 7: FINANCES
79
Interagency Narcotics Enforcement
Effective Date:
Revised Date:
Team
01/01/2013
1/23/2018
Dissemination: Task Force Personnel,
Subject:
Pages:
Executive Board
Evidence and Seizures
78- 82
7.1 CONFIDENTIAL FUNDS
A confidential cash fund is established for the use of Task Force detectives. Its
scope and purpose are specific and necessary for the investigation of narcotic
violations. Normal governmental purchase procedures do not lend themselves to
the purchase of contraband, or to the creation of the appearance of a specific
lifestyle while in an undercover role. This policy shall govern the use of
confidential funds.
Paymaster:
The Support Specialist is designated as the confidential fund paymaster.
This cash fund will be maintained under his/her control. The paymaster
shall reconcile the confidential fund logbook with cash on hand
periodically. The Support Specialist shall be accompanied by an armed
member of INET when retrieving actual currency from the bank. The Unit
Supervisor/Sergeant shall audit the fund at least monthly. The
Administrator/Commander shall audit the funds bi-annually. In addition,
the fund shall be reconciled by an outside auditor at least annually.
All disbursements from or credits to the fund shall be documented in the
paymaster's logbook. Each entry shall identify:
a. Name of detective funds are issued to.
b. Date of disbursement.
C. Amount of disbursement.
d. Transaction number/Receipt number.
e. Transaction — Return date.
f. Any credit.
g. Fund balance.
A "Receipt for Cash" form shall be completed and kept by the Support
Specialist receiving confidential funds.
2. Detectives:
Upon receipt of money from the confidential fund, each detective shall
document its use with a Receipt for Cash form. Each expenditure shall be
documented in the detective's Voucher Book, and contain:
101
a. Amount of expense.
b. Case number.
C. Confidential informant identifier.
d. Drug type, if applicable to expense.
e. Narrative of expense/reason if applicable
f. Detective disbursing fund.
g. Detective funds transferred to, if applicable.
h. Date.
i. Witness, if payment to informant.
j. Informant's signature, if receiving payment.
The additional "Receipt for Cash" form shall be submitted to the
paymaster with a copy of the expense voucher before additional funds are
advanced. The paymaster shall review and approve all submitted
vouchers and "Receipts for Cash" forms.
All expenses of confidential funds must meet Task Force guidelines for
PS/PE/PI:
a. PS: Purchase of Service:
Travel of transportation of informants.
Lease of apartment, hotel rooms, vehicles, boats, or other
items to create or establish the appearance of affluence.
Within reasonable limits, meals, beverages, and
entertainment of undercover purposes as approved by the
Unit Supervisor.
b. PE: Purchase of Evidence:
1. Stolen property.
2. Narcotics and dangerous drugs.
3. Firearms.
4. Other items necessary to document crimes and identify
participants.
c. PI: Purchase of Specific Information:
1. Payments to informants for specific information.
2. Payments to informants for purchasing evidence.
81
4. Payments to informants:
Anyone receiving PI funds should be established as an informant.
The amount of payment should be commensurate with the value of
services and/or information provided, based on the following:
1. Nature and complexity of the investigation.
2. Level of the targeted individual, organization, or operation.
3. Impact of investigation/arrests on community.
4. Significance of informant's contribution.
5. Past reliability and work record of informant.
6. Informant's willingness to testify in court.
b. The circumstances under which payments may be made to an
informant include:
1. When an informant assists in developing an investigation.
2. When an informant needs protection.
3. To pay another agency's informant.
C. Documentation of payments to informants is critical, and should be
accomplished on a Receipt for Purchase of Information. Payment
shall be witnessed by another Task Force officer and authorized by
the Unit Supervisor.
Any one-time payment to an informant of over $1,000 or multiple
payments exceeding $5,000.00 shall require the prior approval of
the Executive Board.
7.2 FLASH FUNDS
Flash Funds are monies which are temporarily withdrawn from the bank to "flash"
during a feigned narcotics purchase by Task Force detectives.
Procedures:
Flash Funds of up to $25,000 may be checked out by the Unit Supervisor.
Amounts over $25,000 should be checked out by the Commander or his
designee. Approval is required from the Executive Board Chairperson.
The law enforcement agency head of the jurisdiction where the drug
transaction will occur shall also be notified.
3. Flash Funds are never to be spent for any reason, and should not be
allowed to change hands. They are for flash purposes only.
82
4. Flash funds may be checked out for a maximum of three days, but are to
be returned to the bank as soon as after their use as reasonably possible.
5. Flash Funds of over $25,000 will not be stored at the Task Force office.
Arrangements should be made for overnight storage at a bank or other
acceptable secure safe.
7.3 PROFESSIONAL SERVICES FUND
A Professional Services Funds is established to provide for payment to persons
providing essential professional services to the Task Force. Disbursements from
this fund must be authorized by the Commander or Unit Supervisor, and shall be
processed by the Support specialist.
The Professional Services Fund may be used as necessary for payment of:
Seizure hearing officers.
2. Seizure hearing interpreters.
3. Interpreting and transcribing of documents, tapes, etc. for case
preparation.
83
STATg pt,
``-
JAY INSLEE E JOHN R. BATISTE
Governor �s� ;� Chief
0
STATE OF WASHINGTON
WASHINGTON STATE PATROL
WSP Headquarters • PO Box 42602 • Olympia WA 98504-2602 • (360) 596-4043 • www.wsp.wa.gov
October 12, 2020
Sheriff Tom Jones
Grant County Sheriff's Office
PO Box 37 / 35 C St NW
Ephrata WA 98823
Subject: INET Task Force ILA, WSP Contract No. K16232
Enclosed }sa onginal�o the above referenced contract between the Washington
State Patrol and your agency. Once the ILA has been fully executed, please return a
copy to the following:
Ms. Rebecca Kirby
Budget and Fiscal Services
Washington State Patrol
PO Box 42602
Olympia WA 98504-2602
Please use the WSP Contract number listed above on all correspondence regarding this
agreement. If you need further assistance, I can be reached at
Rebecca. Kirby(a-)_wsp.wa.gov or (360) 596-4071.
Sincerely,
Ms. Rebecca M.irby
Contracts Speciali
Budget and Fiscal Services
RMK
Enclosure
I - 9 2020
Barbara Vasauez
From: Kirby, Rebecca (WSP) <Rebecca.Kir
Sent: Monday, November 9, 2020 11:16,
To: Barbara Vasquez
Cc: Tracy Williams
Subject: RE: INET MOU and Work Plan FINA
A
is email oLig i afrom
5.
Hi Barbara,
I believe Ephrata is no longer participating, so GCSO revise 'd
the other page. WSP is fine if GCSO would like to make that change now, even though signed
because we were informed in advance of the change.
Tracy may have some input on the start time, but I will say a) it took some time before I could get to
this, b) some edits were still needed after the 'final' was submitted to WSP, and c) some changes
happened in the participating agencies after we thought it had been finalized the 2"d time (e.g. like
above).
Also, I forgot to mention earlier, please make sure the fully executed copy gets returned directly to my
attention.
Thank you,
Rebecca Ki rb-q
WASHINGTON STATE PATROL*
0.(360)596-4071 Micro 11071
C. (360) 764-0380
From: Barbara Vasquez <bvasquez@grantcountywa.gov>
Sent: Monday, November 09, 2020 10:24 AM
To: Kirby, Rebecca (WSP) <Rebecca.Kirby@wsp.wa.gov>
Cc: Tracy Williams <twilliams@grantcountywa.gov>
Subject: RE: INET MOU and Work Plan FINAL
WARNING: This message originated from outside the agency. Do not click links
attachments unless you recognize the sender and are expecting the content.
Hi again:
We always have our Prosecuting Attorney review contracts before the Commissioners sign and he's got the following
questions:
1. Ephrata PD is discussed on pg 4 of the agreement but they are not on the signature page. Should they be?
2. Why are we entering into this agreement halfway through the term and not done earlier this year?
Thanks for any help you can give.
Barbara J. Vasquez, CMC
Clerk of the Board
Grant County Commissioners Office
PO Box 37
35 C Street NW
Ephrata, WA 98823
509-754-2011 ext 2928
509-754-6098 (fax)
www. g rantcou ntywa. qov
From: Kirby, Rebecca (WSP) <Rebecca.Kirbv@wso.wa.¢ov>
Sent: Monday, November 9, 2020 9:17 AM
To: Barbara Vasquez <bvasauez@grantcountvwa.aov>
Subject: RE: INET MOU and Work Plan FINAL
This a am-'TrivMffM M rram-outnruc t!i antt,vunty s i1e
aftakkaqMots unless you recognize the sender and
Any time!
Rebecca, Kirby
WASHINGTON STATE PATROL*
O. (360)596-4071 Micro 11071
C. (360) 764-0380
From: Barbara Vasquez <bvasouez@erantcountvwa.aov>
Sent: Monday, November 09, 2020 9:02 AM
To: Kirby, Rebecca (WSP) <Rebecca.Kirbv@wsp.wa.sov>
Subject: RE: INET MOU and Work Plan FINAL
WARNING: This message originated from outside the agency. Do not click links or open
attachments unless you recognize the sender and are expecting the content.
Thank you!
Barbara J. Vasquez, CMC
Clerk of the Board
Grant County Commissioners Office
PO Box 37