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ORIGlNAL
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: Garrett W. Zimmon
Chief of Police
Subject: Resolution of the Mayor and
Common Council of the City of San
Bernardino authorizing the execution of
an agreement for the San Bernardino
Police Department to participate in a
Memorandum of Understanding with the
California Highway Patrol (CHP) relating
to drug investigations originated by the
CHP
Dept: Police
Date: May 3.2005
Synopsis of Previous Council Action:
None
Recommended Motion:
Adopt Resolution
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Signature
Contact person: I t Mlt~h:1I Klmh:1I1
Phone: ~RA.-fiR26
Supporting data attached:
yes
Ward: all
FUNDING REQUIREMENTS: Amount: None
Source: N/A
Finance:
Council Notes:
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Agenda Item No. ~
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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Staff Report
SUBJECT
Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the
execution of an agreement for the San Bernardino Police Department to participate in a
Memorandum of Understanding with the California Highway Patrol (CHP) relating to drug
investigations originated by the CHP.
BACKGROUND
Interstate freeways that traverse the Inland Empire are routinely used by drug couriers to
transport illegal drugs from their point of origin, to their point of distribution. Interdiction
strategies have been crafted by law enforcement to interrupt the flow of drugs into our
communities. California Highway Patrol officers are routinely involved in interdiction through
vehicle stops on our local freeways and highways. As a result it has become important for the
California Highway Patrol to work cooperatively with local law enforcement agencies that have
specialized units designed to investigate illegal drug transportation and sales. This cooperative
effort allows officers from the California Highway Patrol to draw on the investigative experience
of specially trained officers from other agencies relating to drug identification, drug seizure,
asset seizure and criminal case preparation.
The policy of the California Highway Patrol requires a memorandum of understanding between
the CHP and local agencies relative to the jurisdictional handling of drug investigations
originated by officers from the California Highway Patrol. The purpose of the MOU is to
establish when a local police department shall be notified and offered the opportunity to become
involved in the investigation. It is the policy of the California Highway Patrol to renew all
memorandums of understanding with local law enforcement agencies yearly.
FINANCIAL IMPACT
None to the City of San Bernardino's General Fund or Police Department budget. The
memorandum of understanding proposed by the California Highway Patrol provides the City of
San Bernardino and the San Bernardino Police Department an allocated share of assets seized in
all drug investigations worked cooperatively by San Bernardino Police Department narcotics
officers.
RECOMMENDATIONS
Adopt Resolution.
Attachments:
California Highway Patrol Memorandum of Understanding for CHP Originated Drug
Investigations - 2005
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RESOLUTION NO[; (Q) lP'V
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SA:\ I
BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT FOR THE
SAN BERNARDINO POLICE DEPARTMENT TO PARTICIPATE 11\ A
MEMORANDUM OF UNDERSTANDING WITH THE CALlFOR1~IA HIGHW:\. Y
PATROL (CUP) RELATING TO DRUG INVESTIGATIONS ORIGINATED BY THE
CHP.
SECTION 1: The !\1ayor and Common Council of the City of San Bernardino.
authorizes the Mayor or her designee, to execute an agreement between the City of San
Bernardino Police Department and the California Highway Patrol authorizing
San
the
Bernardino Police Department to participate in a Memorandum of Understanding with the
California Highway Patrol (CHP) relating to drug investigations originated by the CHP.
13 SECTION 2: The authorization to execute the above referenced memorandum of
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understanding is rescinded if it is not executed within sixty (60) days of the passage of this
resolution.
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RESOLUTION OF THE MAYOR AND COMMON COl'NClL OF TH E CITY OF SA:"
BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEME:\T FOR THE
SAN BERNARDINO POLICE DEPARTMENT TO PARTICIPATE IN A
!\IEMOR-\.NDUM OF UNDERSTANDING WITH THE CALIFOR"iIA HIGHWAY
PATROL (CHP) RELATING TO DRUG INVESTIGATIONS ORIGINATED BY THE
CUP
I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and
Common Council of the City of San Bernardino at a
meeting thereof. held on the
,2005, by the following vote, to wit:
day of
Abstain
Absent
Navs
Council Members
Aves
ESTRADA
LONGVILLE
McGINNIS
DERRY
KELLEY
JOHNSON
City Clerk
The foregoing resolution is hereby approved this
day of
,2005.
Judith Vallt.:s, :\layor
City of San Bernardino
Approved as to form and legal content:
James F. Penman, City Attorney
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MEMORANDUM OF UNDERSTANDING
CHP ORIGINATED DRUG INVESTIGATIONS
2005
This is a Memorandum of Understanding (MOU) between the San Bernardino Police
Department (SBPD) and all California Highway Patrol (CHP) Commands within San
Bernardino County regarding drug investigations originated by the CHP.
PURPOSE
The purpose of this MOU is to establish when the signatory agency shall be notified and
offered the opportunity to handle drug investigations originated by the CHP.
CALLOUT PROCEDURES
The California Highway Patrol will notify and request on-scene assistance from the
signatory agency when one or more of the following circumstances occurs:
1. Arrest or preliminary investigation indicates a violation of state law which results or could
result in an asset seizure pursuant Section 11470 of the Health and Safety Code (HSC)
(i.e., possession for sale, transportation, manufacturing, or conspiracy related to drugs)
or federal law pursuant to Title 21 United States Code (USC), Section 881 or
Title 18 USC, Section 981 (drug trafficking or money laundering offenses).
o 2. Arrest or preliminary investigation indicates one or more of the following:
A. Evidence of drug manufacturing operations.
B. Money linked to drug transactions. (Minimum currency amount $1,000.00.)
C. Minimum drug amounts for call-out of the signatory agency.
14.25 grams (half ounce) or more of heroin or cocaine base, or a substance
containing 14.25 grams or more of heroin or cocaine base (rock cocaine).
28.5 grams (one ounce) or more of a substance containing powder cocaine,
methamphetamine, or other Schedule I or II controlled substances, except
marijuana, peyote, or psilocybin mushrooms.
10 pounds or more dry weight of marijuana, peyote, or psilocybin mushrooms.
D. Any conveyance containing a false compartment used or intended to be used to
store, conceal, smuggle, or transport a controlled substance
(Section 11366.8 HSC).
3. All drug arrests requiring supplemental or follow-up investigation.
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Memorandum of Understanding.
Page 2
EXPECTATION
When the San Bernardino Police Department Narcotics Division is notified of drug
investigations which meet the aforementioned criteria, it is the expectation of the CHP the
SBPD Narcotics Division will accomplish the following:
1. Either telephonically decline to respond or offer investigative assistance to include a
response from the SBPD Narcotics Investigators. Upon arrival of the SBPD Narcotics
Investigators, the investigator(s) may decline to handle the investigation to its conclusion.
Otherwise, the investigation is generally handled entirely and not in part by the SBPD.
By no means shall the SBPD be obligated to handle narcotics investigations originated by
the CHP.
2. If accepted, the signatory agency shall prepare a thorough and comprehensive
investigation into the related incident and initiate any necessary supplemental investigation,
including any asset forfeiture proceedings pursuant to Sections 11470 et. al HSC. A copy
of the investigative report is to be provided to the Inland Division Special Enforcement Unit,
attention Asset Forfeiture Coordinator.
CASH SEIZURES
In any arrest or incident where the CHP initiated the investigation and currency was seized
by the CHP, it's the Department's policy that uniform members of the CHP shall maintain
control of the currency until a true and accurate count is assessed and a signed receipt for
that amount has been obtained. If the sum of cash is too large to be counted, the cash is to
be bagged and tagged and retained by the CHP until it can be counted at a financial
institution. A representative from the SBPD should be present at the money count.
In the event uniform members of the CHP provided assistance to SBPD, including, but not
limited to, canine sniffs, search warrants, traffic stops, or "Wall Stop" and currency was
seized by the SBPD, the SBPD shall adhere to their departmental policy concerning
evidentiary and/or asset forfeiture policies.
EQUITABLE SHARING
The California Highway Patrol will not normally request more than twenty-five (25) percent
of the law enforcement share of the forfeited asset(s) when assistance is requested solely
from the signatory agency and the related case has been actively investigated to conclusion
or submitted for state adoption by the signatory agency.
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Memorandum of Understanding.
Page 3
In cases where federal agencies, the Police Department, and the California Highway Patrol
investigate cases jointly and cash seizures result, a member of the California Highway
Patrol shall submit an asset sharing request, utilizing a Federal Dag 71 form, to the lead
federal agency for its percentage of asset forfeitures.
DURATION AND TERMINATION PROVISIONS
Any party to this agreement desiring to terminate its participation shall notify each signatory
to this agreement in writing of their intent to withdraw. Withdrawal from participation in this
agreement shall not take effect less than ten days from the date of said notification.
The parties, evidenced by their signatures hereto, agree that this MOU shall be effective
upon approval and shall remain in full force and effect until any party withdraws from
participation. It is further acknowledged by all parties that certain portions of this agreement
may require amendments during the term of this MOU if their governing bodies so direct.
If any provision of this MOU is held invalid or unconstitutional, such decision shall have no
effect on the validity of the remaining provisions of the MOU, and such remaining provisions
shall continue to remain in full force and effect.
AGREED HERETO BY ALL PARTIES WHOSE SIGNATURES APPEAR BELOW:
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/!J. M. FOGERrt, Chiel
'" California Highway Patrol
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Date
GARRETT ZIMMON, Date
Chief of Police
San Bernardino Police Department