Task Forces/Best Practices

Task Forces/Best PracticesChris Omodt - Captain, Hennepin County Sheriff’s OfficeBob Bushman - Statewide Gang & Drug Coordinator, Minnesota Department of Public SafetyPete Orput - Washington County Attorney

“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.”

Advantages of Task Force ParticipationThe total is greater than the sum of its

partsForce multiplierCollective 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

Joint Powers AgreementPurpose

Establishes mission & purposeIdentifies participants & fiscal agentDefines multijurisdictional response &

managementIdentifies funding sources Outlines participants’ responsibilities &

commitmentsSets jurisdictional boundaries & scope of

authorityEstablishes command structureProvides for sharing of seized assetsEstablishes review and employee selection

processAddresses liability/insuranceProvides for orderly dissolution

Joint Powers AgreementsMSS 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

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

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 agencyRotation policy?Labor agreement conflicts/issues

Co-locationMakes it easier to manage/superviseBuilds “team” atmosphereMore effective use of

equipment/inventoryCentral filesOne agency should be responsible

for:Evidence storage/managementCase/records managementIT (phones, computers, servers, etc.)

Task Force MissionDetermine a clear mission

Built around realistic goalsStrategy that will realize goals

Conduct a local threat assessmentIdentify problems & crime issuesAnalyze past, current & related trends

Regularly re-evaluate to avoid “mission drift” and to make refinementsAre we doing what we intended to do?What/how can we improve?

Planning ConsiderationsChanges in technologyCourt decisionsImpact of social issuesPreparing for future changesNeeds & expectations of the

communityEconomy/budgetAvailable resources

Report WritingONE REPORT WRITING SYSTEM!

Common RMS/CMSOther 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

Officers’ Time KeepingSeparate time keeping from officer’s home

department - track hours/days worked at TFNo games - TF thinks officer at home agency,

home agency thinks officer is at TFOvertime issues

InvestigationsAll 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 translationTech equipment (T-III, DNR)

Evidence HandlingUse one evidence management system No evidence storage at the Task Force

officeStrict chain of custody on all evidence

and property seized Who handled it, whenWhen it went to lab, when it was

returned and by whomWhen and where it was disposed of and

by whomDocument all seizures by photo/video.If you can’t legally justify the seizure, it

may be considered a theft

SupervisionTeam based investigations - be careful of “lone

wolf” investigatorsFirst line supervisors must review & approve all

search warrants & arrests/seizuresCommand staff responsible for auditing:

Case files - CI files Buy fund expenditures - Evidence Equipment/property inventories - Officer Evaluations

Risk ManagementOfficer safety firstProtecting careers & task force integrity

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 adviceTask Force Board needs to be engaged

Must meet regularlyMust thoroughly review operations/administrationSets, reviews & refines policiesPlan/provide for officer training

Task Force Case FilesMandatory time limits for:

Submission of completed reports to fileForfeiture notices completed/servedEvidence seizure documentation &

submissionEvidence logs completedSearch warrant copies in fileCRI activity documentationExpenditure /return/receipt of confidential funds

Closing Case FilesWhen agents are transferred, files stay at the

Task Force They are Task Force propertyTransfer of case to new agent should be documented in

fileFile closing must contain:

Letter from prosecutorConviction certification/information 0r dismissalRecord of evidence disposal/destructionForfeiture 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

Task Force Training

Must have field training manual/programOfficer skills assessmentMust 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 incidentsLikely to occur in proactive unitsCritical incident training saves lives &

careersConsider basic schools such as: DEA 2 week, FBI

Street Survival, CRI handling, BCA Courses, etc.

Informant Management

Follow strict guidelines on handling spiesMultijurisdictional Task Force Operating Procedures

and Guidelines manual-Chapter 3-12.CI mismanagement is the source of many task force

misconduct allegations and sustained complaintsComplete CI packet forms

Personal history, agreement, photo, criminal history, etcConduct & document detailed debriefing

Document all meetings, payments, termsCI’s belong to the task force NOT the agent/officerSecurity policy for CI file system

Seizures/ForfeituresMust follow law & established guidelines.

MSS 609.531 (Serve admin forfeiture notices ASAP)

New model policy - POSTConsider one agency (fiscal agent) handling all

forfeituresProsecuting 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

Task Force Shut DownPlan must be in place for shut downProperty distribution (cars, equipment, forfeited

funds, etc.) should be determined during development of task force agreement, not when deciding to close the shopAddressed in MOU?

Retention of task force records/evidence By whom? Where?

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

Questions? Comments? More information?

Pete Orput [email protected]

Captain Chris Omodt [email protected]

Bob Bushman [email protected]