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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 '.. t> 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 ~. 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 ~, Bil Gordon Chief of Police ij Date ~ ` ~ti. ~~ r ~ti ~ ,., C.- ~,~. c ~•,: .~, , Vic, , ,. , j<<o~\ ,1 ~~~~ b_:._ ._,~y ~~. '9 '" t , ~~ / I~~, µyX aye we `!!,~„ l,F, w.w.'4*~~ 1 4 ~~,`~j Cf.~-~ ~~ /~"'° i 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. The Idaho Coda i• made available on the Internet by the Idaho Legislature as a public service. This Internet version o! the Idaho Code may not bs used !or commercial purposes, nor may this database b® published or repackaged !or Commwrcial sale xithout express xritten permission. Search the Idaho Statutes Available Reference: Search Instructions. Page 1 of 2 The Idaho Code is the property of the state of Idaho, and is copyrighted by Idaho law, LC. ~ 9-350. According to Idaho law, arty person who reproduces or distributes the Idaho Code for commercial purposes http://www3.state.id.us/cgi-bin/newidst?setid=670230037.I~ 7/24/01 Idaho Statutes Page 2 of 2 in violation o, f the provisions of this statute shall be deemed to be an infringer of the state of Idaho's copyright. http://www3.state.id.us/cgi-bin/newidst?sctid=67d230037.I~ 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 ~ f. 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