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Task Forces/Best Practices

Task Forces/Best Practices. Chris Omodt - Captain, Hennepin County Sheriff’s Office Bob Bushman - Statewide Gang & Drug Coordinator, Minnesota Department of Public Safety Pete Orput - Washington County Attorney.

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Task Forces/Best Practices

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  1. Task Forces/Best Practices Chris Omodt - Captain, Hennepin County Sheriff’s Office Bob Bushman - Statewide Gang & Drug Coordinator, Minnesota Department of Public Safety Pete Orput - Washington County Attorney

  2. “When properly organized, supervised and managed, task forces have proven to be one of law enforcement’s most effective methods of proactively addressing illegal criminal activity.”

  3. Advantages of Task Force Participation • The total is greater than the sum of its parts • Force multiplier • Collective review of problem & strategies • Few agencies have the expertise, manpower and resources to effectively combat organized criminal activity • Shared resources allow focused, long term investigations, e.g., wiretaps, surveillance of multiple targets, etc. • Criminals do not respect political/geographical boundaries and they operate inter-county, interstate and internationally - we must follow them to get them

  4. Joint Powers Agreement • Purpose • Establishes mission & purpose • Identifies participants & fiscal agent • Defines multijurisdictional response & management • Identifies funding sources • Outlines participants’ responsibilities & commitments • Sets jurisdictional boundaries & scope of authority • Establishes command structure • Provides for sharing of seized assets • Establishes review and employee selection process • Addresses liability/insurance • Provides for orderly dissolution

  5. Joint Powers Agreements • MSS 471.59- 2 or more govt. units may jointly or cooperatively exercise any power common to the contracting parties or any similar power… • Commonality of powers may be broad- anything you can do for yourself, you can do for others. MSS 471.59, Subd. 10 • A county can agree to perform a service or function of another. Subd.8

  6. Joint Powers • Joint powers entity- governed by joint board, power to receive and spend $, enter into contracts and is insurable as separate entity • The board should draft & adopt operating agreement/by laws • Liability: No liability for acts of other government units unless agreed to in writing • Total liability for joint powers entity= tort limits

  7. Officer Selection • Task Force Commander should participate in interviews & have veto over candidates • Beware of “red flags” • TF Commander must be able to review officer’s personnel file - Task Force isn’t a “dumping ground”. • “Green” officers vs. experienced officers? • Limit number of officers from each contributing agency • Rotation policy? • Labor agreement conflicts/issues

  8. Co-location • Makes it easier to manage/supervise • Builds “team” atmosphere • More effective use of equipment/inventory • Central files • One agency should be responsible for: • Evidence storage/management • Case/records management • IT (phones, computers, servers, etc.)

  9. Task Force Mission • Determine a clear mission • Built around realistic goals • Strategy that will realize goals • Conduct a local threat assessment • Identify problems & crime issues • Analyze past, current & related trends • Regularly re-evaluate to avoid “mission drift” and to make refinements • Are we doing what we intended to do? • What/how can we improve?

  10. Planning Considerations • Changes in technology • Court decisions • Impact of social issues • Preparing for future changes • Needs & expectations of the community • Economy/budget • Available resources

  11. Report Writing • ONE REPORT WRITING SYSTEM! • Common RMS/CMS • Other agencies’ reports need to be submitted (scanned) into the Task Force case files. • Every report gets reviewed by first line supervisor • Review must be for: Quality; timeliness, details, evidence chain-of-custody, correspondence (including e-mails) with prosecutors

  12. Officers’ Time Keeping • Separate time keeping from officer’s home department - track hours/days worked at TF • No games - TF thinks officer at home agency, home agency thinks officer is at TF • Overtime issues

  13. Investigations • All cases assigned to Task Force officers must be approved by the Task Force Commander • Including those from Task Force Officer’s home agency! • Case initiation form must contain: • What/who is the subject of investigation? • Alleged violation? • Background reports/information/suspect identifiers? • Are investigative goals consistent with TF mission? • Will any special resources be needed? • Language translation • Tech equipment (T-III, DNR)

  14. Evidence Handling • Use one evidence management system • No evidence storage at the Task Force office • Strict chain of custody on all evidenceand property seized • Who handled it, when • When it went to lab, when it was returned and by whom • When and where it was disposed of and by whom • Document all seizures by photo/video. • If you can’t legally justify the seizure, it may be considered a theft

  15. Supervision • Team based investigations - be careful of “lone wolf” investigators • First line supervisors must review & approve all search warrants & arrests/seizures • Command staff responsible for auditing: • Case files - CI files • Buy fund expenditures - Evidence • Equipment/property inventories - Officer Evaluations • Risk Management • Officer safety first • Protecting careers & task force integrity

  16. Supervision and Oversight • Task Force command and supervisors do the supervising - not the home agency • Agencies should be informed of Task Force operations in their jurisdictions. De-confliction is required! RISSafe • Prosecutor designated to give guidance & legal advice • Task Force Board needs to be engaged • Must meet regularly • Must thoroughly review operations/administration • Sets, reviews & refines policies • Plan/provide for officer training

  17. Task Force Case Files • Mandatory time limitsfor: • Submission of completed reports to file • Forfeiture notices completed/served • Evidence seizure documentation & submission • Evidence logs completed • Search warrant copies in file • CRI activity documentation • Expenditure /return/receipt of confidential funds

  18. Closing Case Files • When agents are transferred, files stay at the Task Force • They are Task Force property • Transfer of case to new agent should be documented in file • File closing must contain: • Letter from prosecutor • Conviction certification/information 0r dismissal • Record of evidence disposal/destruction • Forfeiture certification, asset dispersal • Command level review/sign off before file is closed • No poaching of files, CIs, etc. without authorization from Task Force Commander • Storage, retention & security of closed case files

  19. Task Force Training • Must have field training manual/program • Officer skills assessment • Must include policy & procedure sign-off • Training together in tactics, entries, use-of-force, etc., promotes team building, cohesion & uniformity in adherence to policies & procedures • Prepare & train for critical incidents • Likely to occur in proactive units • Critical incident training saves lives & careers • Consider basic schools such as: DEA 2 week, FBI Street Survival, CRI handling, BCA Courses, etc.

  20. Informant Management • Follow strict guidelines on handling spies • Multijurisdictional Task Force Operating Procedures and Guidelines manual-Chapter 3-12. • CI mismanagement is the source of many task force misconduct allegations and sustained complaints • Complete CI packet forms • Personal history, agreement, photo, criminal history, etc • Conduct & document detailed debriefing • Document all meetings, payments, terms • CI’s belong to the task force NOT the agent/officer • Security policy for CI file system

  21. Seizures/Forfeitures • Must follow law & established guidelines. • MSS 609.531 (Serve admin forfeiture notices ASAP) • New model policy - POST • Consider one agency (fiscal agent) handling all forfeitures • Prosecuting authority to dispose of forfeited property - e.g. like done in prostitution, DWI, racketeering cases • Administrative forfeitures should be reviewed & approved by first line supervisor

  22. Task Force Shut Down • Plan must be in place for shut down • Property distribution (cars, equipment, forfeited funds, etc.) should be determined during development of task force agreement, not when deciding to close the shop • Addressed in MOU? • Retention of task force records/evidence • By whom? • Where?

  23. Legal Considerations • Liability - Each officer assigned to the Task Force must assume responsibility for his/her actions or inactions • Insurance - recommend that each agency maintain workers comp and other insurance and hold the Task Force harmless • Complaints – Have plan/policy in place for investigating misconduct/conducting Internal Affairs investigations

  24. Questions? Comments? More information? Pete Orput pete.orput@co.washington.mn.us Captain Chris Omodt Chris.omodt@sh.hennepin.mn.us Bob Bushman robert.bushman@state.mn.us

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