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C14-19 - CHP - MOU of CHP Originated Drug InvestigationsCH- 19 MEMORANDUM OF UNDERSTANDING CHP ORIGINATED DRUG INVESTIGATIONS This is a Memorandum of Understanding (MOU) between the Beaumont Police Department and the California Highway Patrol (CHP) San Gorgonio Pass Area 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. CALL OUT PROCEDURES The San Gorgonio Pass Area CHP office will notify and request on -scene assistance from the signatory agency when one or more of the following circumstances occur: 1. Arrest or preliminary investigation indicates a violation of state law which results or could result in an asset seizure pursuant to Section 11470 of the Health and Safety Code (HSC) (Le., 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). 2. Arrest or preliminary investigation indicates one or more of the following: A. Evidence of drug manufacturing operations. B. Money linked to drug transactions. C. Amount of drugs makes conveyance seizable (Section 11470(e) HSC). 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). 57 grams (two ounces)' 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 dry weight of marijuana, peyote, or psilocybin mushrooms. Only one ounce (28.5 grams) of "pure" powder cocaine or methamphetamine is required; however, as a practical matter there will he no way to determine purity in the field. Memorandum of Understanding - CHP Originated Drug Investigations Page 2 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. EXPECTATION When the signatory agency is notified of drug investigations which meet the aforementioned criteria, it is the expectation of the CHP the signatory agency will accomplish the following: 1. Either telephonically decline to respond or arrive at the scene or local CHP Area office (within the jurisdiction of the signatory agency) within a reasonable timeframe as agreed upon by both parties through communication center or telephone contact at the time of incident notification. Upon the arrival of the signatory agency, they may decline to handle the investigation to its conclusion. By no means shall the signatory agency be obligated to handle drug investigations originated by the CHP. 2. If accepted, the signatory agency shall conduct 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 investigation report is to be provided to the CHP's San Gorgonio Pass Area, attention Asset Forfeiture Coordinator. 3. If not accepted, the CHP will handle the investigation, including any asset forfeiture proceedings, to conclusion utilizing Area and/or Division resources and will be entitled to the full law enforcement share pursuant to Section 11489(b)(2)(A) HSC. 4. Refer non -qualifying state cases to the appropriate federal agency for evaluation and possible adoption. CASH SEIZURES When cash seizures are made by the CHP, the CHP will maintain control of the cash until a true and accurate count is obtained. If the sum of cash is too large to count at the scene, it is to be photographed, packaged, sealed with evidentiary tape, and retained by the CHP until it can be counted. A representative from the involved agency should be present at the money count. Appropriate approvals outlined in CHP policy will be obtained for any deviation from this procedure. Memorandum of Understanding - CHP Originated Drug Investigations Page 3 EQUITABLE SHARING The CHP and the signatory will follow the current Riverside County Law Enforcement Administrators (R.C.L.E.A.A) agreement currently in place (section 111- E). For federal forfeitures, the lead federal agency's sharing policies/procedures shall prevail. 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: Coe Date G.A. Peck, Captain Date hief Commander Beaumont Police San Gorgonio Pass Area Department California Highway Patrol