2022-11-07 Short Term MOU - Laserfiche WebLink

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United States Marshals Service Short -Term Joint Operation — Memorandum of Understanding Rev. 03122 PARTIES AND AUTHORITY: This Memorandum of Understanding (MOU) is entered into by the Kittitas County Sheriffs Office and the United States Marshals Service (USMS) pursuant to 28 U.S.C. § 566(e)(1)(B). As set forth in the Presidential Threat Protection Act of 2000, codified at 34 U.S.C. 41503, and directed by the Attorney General, the USMS has been granted authority to direct and coordinate permanent Regional Fugitive Task Forces consisting of federal, state, and local law enforcement authorities for the purpose of locating and apprehending fugitives. The authority of the USMS to investigate fugitive matters as directed by the Attorney General is set forth in 28 USC § 566. The Director's authority to direct and supervise all activities of the USMS is set forth in 28 USC § 561(g) and 28 CFR 0.111. The authority of United States Marshals and Deputy U.S. Marshals, "in executing the laws of the United States within a State ... [to] exercise the same powers which a sheriff of the State may exercise in executing the laws thereof' is set forth in 28 USC § 564. Additional authority is derived from 18 USC § 3053 and Office of Investigative Agency Policies Resolutions 2 & 15. See also Memorandum for Howard M. Shapiro, General Counsel, Federal Bureau of Investigation concerning the "Authority to Pursue Non -Federal Fugitives," issued by the U.S. Department of Justice (DOJ), Office of Legal Counsel, dated February 21, 1995; Memorandum concerning the "Authority to Pursue Non -Federal Fugitives," issued by the USMS Office of General Counsel, dated May, 1, 1995; 42 U.S.C. § I6941(a)("The Attorney General shall use the resources of Federal law enforcement, including the United States Marshals Service, to assist jurisdictions in locating and apprehending sex offenders who violate sex offender registration requirements."). Additional authority is derived from the Attorney General's Memorandum, Implementation of National Anti -Violent Crime Initiative (March 1, 1994); Attorney General's Memorandum, Policy on Fugitive Apprehension in FBI and DEA Cases (dated August 11, 1988); Memorandum of Understanding between the Drug Enforcement Administration and the United States Marshals Service (dated September 28, 2018, or as hereafter amended); and Federal Rules of Criminal Procedure 41 — Search and Seizure. MISSION: The primary mission of this temporary, short term joint operation is to investigate and/or arrest persons who have active federal, state, local, tribal, and/or territorial arrest warrants adopted by the USMS and/or investigate those in potential violation of any federal law within the purview of the USMS. The intent of this joint effort is to improve public safety through the targeting of violent fugitives, criminal gang members, and/or non-compliant sex offenders, as well as gather and share street level intelligence to support larger scale criminal investigations. Federal fugitive cases referred through this joint operation for investigation by any participating agency must be entered into the National Crime Information Center (NCIC) by the USMS or originating agency, as appropriate. All state, local, tribal, or territorial cases shall be entered into NCIC (and other applicable state or local lookout systems) as appropriate by the originating agency or the originating agencies designee. Entry of warrants, gang members and registered sex offenders into NCIC is critical to enhance officer safety and to facilitate proactive enforcement and intelligence gathering. PERSONNEL: Administrative matters, which are internal to the participating agencies, remain the responsibility of each respective agency. Furthermore, each agency retains responsibility for the supervision and conduct of its personnel in this joint endeavor.