HomeMy WebLinkAboutMutual Aid Memorandum Agreement with Emmett PD<~,
MUTUAL AID
MEMORANDUM OF AGREEMENT
EMMETT POLICE DEPARTMENT -MERIDIAN POLICE DEPARTMENT
PURSUANT TO I.C. 67-2337
Whereas the Emmett City Police and the Meridian City Police have entered into a
Memorandum of Agreement to permit officers of each jurisdiction to excercise peace officer
authority in the jurisdiction of the other; and
WHEREAS the Emmett City Police and the Meridian City Police have entered into a
Memorandum of Agreement providing for Mutual Aid in emergency situations; and
WHEREAS it is necessary that Emmett City Police officers and Meridian City Police
officers be granted lawful authority to exercise the powers of police officers within the
jurisdiction of the other; and
WHEREAS the granting of authority to Emmett City Police officers and Meridian City
Police officers to permit each of them to exercise peace officer authority within the geographic
jurisdiction of the other is necessary and desirable;
NOW THEREFORE, the Emmett City Police and the Meridian City Police agree and
understand as follows:
I.
CONDITIONS OF AUTHORIZATION
It intended that in emergency situations where police action is necessary, either agency is
authorized to respond and take appropriate police action until such time as the members of the
agency with primary jurisdiction arrive on the scene.
It is agreed that officers of one agency shall also have authority to act in the other agency's
jurisdiction under the following circumstances:
1) When there is reasonable suspicion to believe that a crime was committed in the officer's
agency's jurisdiction; and
2) When investigation of the incident leads the officers to people living inside the
jurisdiction of the other agency; and
3) If the investigation discloses any crime committed in the other agency's jurisdiction, the
MUTUAL AID MEMORANDUM OF AGREEMENT, PAGE 1
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officer leading the investigation will immediately notify the other agency's Detective
Unit or Patrol Section and cooperate with the other agency.
Thereafter, normal police activity, follow-up, and investigation will be the responsibility of the
agency which has primary jurisdiction.
II.
STANDARDS OF CONDUCT
Each police officer shall maintain the standards of professional conduct required by the officer's
current departmental policies and procedures.
It shall be the sole duty and responsibility of the officer's employing agency to determine if
there has been a breach of professional standards.
Where a tactical shooting/deadly force incident occurs within the city limits of one agency by
an officer of the other agency, both agencies will conduct a joint investigation, with oversight
by the Idaho Department of Law Enforcement, Bureau of Investigation.
III.
MEDIA RELEASES
As a general guideline, media information will be released by the agency with primary
jurisdiction. However, this guideline is not intended to limit either agency from describing or
withholding information regarding their participation in the emergency situation. Emmett Police
Department and Meridian Police Department are encouraged to consult with one another prior
to media releases.
IV.
LIBILITY
Assumption of liability shall be as prescribed by I.C. 67-2337(4), as well as any other state or
federal laws consistent with I.C. 67-2337. The employing agency shall be responsible for any
liability arising from the acts of its employees participating in this Mutual Aid Memorandum of
Agreement.
MUTUAL AID MEMORANDUM OF AGREEMENT, PAGE 2
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IV.
AMENDMENT, DURATION, AND TERMINATION OF AGREEMENT
This Mutual Aid Memorandum of Agreement may be amended by agreement of both parties.
This agreement shall remain in full force and effect until terminated upon thirty (30) days
written notice by either party.
CITY OF EMMETT
Ron Morgan
Mayor
Date ~~ l I `- (,~
EMMETT POLICED PARTMENT
Blaine Hyde
Chief of Police
Date
MERIDIAN
bert D. Corrie
Date ~~7~~!
MERID OLIC EPARTMENT
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Bil Gordon
Chief of Police
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MUTUAL AID MEMORANDUM OF AGREEMENT, PAGE 3
Idaho Statutes
Idaho Statutes
TITLE 67
STATE GOVERNMENT AND STATE AFFAIRS
CHAPTER 23
MISCELLANEOUS PROVISIONS
67-2337. EXTRATERRITORIAL AUTHORITY OF PEACE OFFICERS. (1) As used in
this section, "peace officer" shall mean a certified full-time paid employee
of a police or law enforcement agency whose duties include and primarily
consist of the prevention, investigation and detection of crime, and the
enforcement of penal, traffic, or highway laws of this state or any political
subdivision.
(2) All authority that applies to peace officers when performing their
assigned functions and duties within the territorial limits of the respective
city or political subdivisions, where they are employed, shall apply to them
outside such territorial limits to the same degree and extent only when any
one (1} of the following conditions exist
(a) A request for law enforcement assistance is made by a law enforcement
agency of said jurisdiction.
(b) The peace officer possesses probable cause to believe a crime is
occurring involving a felony or an immediate threat of serious bodily
injury or death to any person.
(c) When a peace officer is in fresh pursuit as defined in and pursuant
to chapter 7, title 19, Idaho Code.
(3) Subsection (2) of this section shall not imply that peace officers
may routinely perform their law enforcement duties outside their jurisdiction
in the course and scope of their employment.
(4) Cities or political subdivisions may enter into mutual assistance
compacts with other cities or political subdivisions of this state or of
states immediately adjacent. In the case of a mutual assistance compact
between cities or political subdivisions, the original, employing agency shall
be responsible for any liability arising from the acts of its employees
participating in such compact. Any mutual assistance compact between a city or
political subdivision of this state with a city or political subdivision of
any other state shall include a written statement of assumption of liability
consistent with the requirements of this section.
(5) Circumstances surrounding any actual exercise of peace officer
authority outside the territorial limits of the city, county, or political
subdivision of their employment shall be reported, as soon as safety
conditions allow, to the law enforcement agency having jurisdiction where the
authority granted herein is exercised and the officer shall relinquish
authority and control over any event to the authority having jurisdiction.
{6) The state of Idaho and its agencies or departments shall not be
liable for the acts of police officers, other than its own employees,
commissioned by the director of the Idaho state police, for acts done under a
mutual assistance compact created under this section.
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Idaho Statutes
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7/24/01
** TX CONFIRMATION REPORT ** AS OF JUL 25 '01 00 07 PAGE.01
CITY OF MERIDIAN
DATE TIME TOiFROM MODE MINiSEC PGS CMDtS STATUS
16 0725 00 04 2083656062 EC--S 02'25" 005 171 OK
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MUTUAL AID
MEMORANDUM OF AGREEMENT
EMMETT POLICE DEPARTMENT -MERIDIAN POLICE DEPARTMENfi
PURSUANT TO I.C. 67-2337
Whereas the Emmett City Police and the Meridian City Police have entered into a
Memorandum of Agreement to permit officers of each jurisdiction to excercise peace officer
authority in the jurisdiction of the other; and
WHEREAS the Emmett City Police and the Meridian City Police have entered into a
Memorandum of Agreement providing for Mutual Aid in emergency situations; and
WHEREAS it is necessary that Emmett City Police officers and Meridian City Police
officers be granted lawful authority to exercise the powers of police officers within the
jurisdiction of the other; and
WHEREAS the granting of authority to Emmett City Police officers and Meridian City
Police officers to permit each of them to exercise peace officer authority within the geographic
jurisdiction of the other is necessary and desirable;
NOW THEREFORE, the Emmett City Police and the Meridian City Police agree and
understand as follows:
I.
CONDITIONS OF AUTHORIZATION
It intended that in emergency situations where police action is necessary, either agency is
authorized to respond and take appropriate police action until such time as the members of the
agency with primary jurisdiction arrive on the scene.
It is agreed that officers of one agency shall also have authority to act in the other agency's
jurisdiction under the following circumstances:
1) When there is reasonable suspicion to believe that a crime was committed in the officer's
agency's jurisdiction; and
2) When investigation of the incident leads the officers to people living inside the
jurisdiction of the other agency; and
3) If the investigation discloses any crime committed in the other agency's jurisdiction, the
MCrI'UAL AID MEMORANDUM OF AGREEMENT, PAGE I