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HomeMy WebLinkAboutexhibit2JOINT DECLARATION BETWEEN THE DIRECTOR OF THE MIAMI-DADE POLICE DEPARTMENT AND THE CHIEF OF THE CITY OF MIAMI POLICE DEPARTMENT PURSUANT TO MUTUAL AID AGREEMENT. A deputy sheriff or police officer of either of the participating law enforcement agencies shall be considered to be operating under the provisions of the mutual aid agreement when: • participating in law enforcement activities that are preplanned and approved by each respective agency head, or • appropriately dispatched in response to a request for assistance from the other law enforcement agency. In compliance with and under the authority of the Mutual Aid Agreement heretofore entered into by the City of Miami and Miami -Dade County, Florida, it is hereby declared that the following list comprises the circumstances and conditions under which mutual aid may be requestedamended or supplemented Bered from police time to time l ass needsdictate by sut to the bsequent ent declarations. reement. Said list may be am 1. Joint mul'tijurisdictional criminal investigations. 2. Civil affray or disobedience, disturbances, riots, large protest demonstrations, controversial trials, political conventions, labor disputes, and strikes. 3. Any natural disaster. 4. Incidents which require rescue operations and crowd and traffic control measures including, but not limited to, large-scale evacuations, aircraft and shipping disasters, fires, explosions, gas line leaks, radiological incidents, train wrecks and derailments, chemical or hazardous waste spills, and electrical power failures. 5. Terrorist activities including, but not limited to, acts of sabotage. b. Escapes from or disturbances within detention facilities. 7. Hostage and barricaded subject situations, and aircraft piracy. 8. Control of major crime scenes, area searches, perimeter control, back-ups to emergency and in -progress calls, pursuits, and missing person calls. 9. Enemy attack. 10. Transportation of evidence requiring security. 11. Major events; e.g., sporting events, concerts, parades, fairs, festivals, and conventions. 12. Security and escort duties for dignitaries. 13. Emergency situations in which one agency cannot perform its functional objective. 14. Incidents requiring utilization of specialized units; e.g., underwater recovery, aircraft, canine, motorcycle, bomb, crime scene, marine patrol, and police information. 15. Joint training in areas of mutual need. 16. Joint enforcement of all laws on that portion of Virginia Key which is owned by and is the subject of annexation by the City of Miami, due to personnel constraints of the Miami -Dade Police Department. 17. Joint multijurisdictional marine interdiction operations. The following procedures will apply in mutual aid operations: 1. Mutual aid requested or rendered will be approved by the Director/Chief of Police or des ignee. 2. Specific reporting instructions for personnel rendering mutual aid should be included in the request for mutual aid. In the absence of such instructions, personnel will report to the ranking on -duty supervisor on the scene. 3. Communications instructions will be included in each request for mutual aid and the Miami -Dade Police Department Communications Bureau will maintain radio contact with the involved agencies until the mutual aid situation has ended. 4. Incidents requiring mass processing of arrestees, transporting prisoners, and operating temporary detention facilities will be handled per established procedures. Concurrent Jurisdiction: It is to the mutual benefit of the City of Miami Police Department and the Miami -Dade Police Department, through voluntary cooperation, to exercise concurrent jurisdiction over the areas described in subparagraphs (a) and (b) below, in that officers, while in another jurisdiction, are often present at events where immediate action is necessary, or are able to expeditiously conclude an investigation by identifying and arresting an offender. a) Concurrent law enforcement jurisdiction in and throughout the territo- rial limits of participating municipalities and Miami -Dade County, Florida, excluding those areas within the territorial limits of munici- palities not participating in this Joint Declaration and areas in which the Miami -Dade Police Department does not have law enforcement juris- diction, for arrests, made pursuant to the laws of arrest, for felonies and misdemeanors, including arrestable traffic offenses, which spontane- ously take place in the presence of the arresting officer, at such times as the arresting officer is traveling from place to place on official business outside of his or her jurisdiction, for example, to or from court, or at 2 any time when the officer is within the territorial limits of his or her jurisdiction, and provided that, in the context of this Joint Declaration, "official business outside of his or her jurisdiction" shall not include routine patrol activities, preplanned operations, or undercover investigations. b) Concurrent law enforcement jurisdiction in and throughout the territorial limits of participating municipalities and Miami -Dade County, Florida, excluding those areas within the territorial limits of municipalities not participating in this Joint Declaration and areas in which the Miami -Dade Police Department does not have law enforcement jurisdiction, for arrests, made pursuant to the laws of arrest, of persons identified as a result of investigations of any offense constituting a felony or any act of Domestic Violence as defined in Section 741.28, Florida Statutes, when such offense occurred in the municipality employing the arresting officer, should the arresting officer be a municipal law enforcement officer. However, absent a search warrant, concurrent jurisdiction under this subparagraph does not include authority to make nonconsensual or forcible entries into private dwellings, residences, living spaces or business spaces which are not open to the public, i.e., authority derived pursuant to this subparagraph may be exercised only when in places open to the public or private places into which the arresting officer has entered with the consent of an occupant entitled to give consent. When operating under mutual aid, municipal law enforcement officers may execute search warrants for offenses which occurred in the municipality. Municipal officers may execute the search warrant, impound all property, make arrests and file the Return and Inventory. Prior to any officer taking enforcement action pursuant to either paragraph (a) or (b) above, the officer shall notify the designated officer of the jurisdiction in which the action will be taken, unless exigent circumstances prevent such prior notification, in which case notification shall be made as soon after the action as practicable. Furthermore, all arrests made pursuant to subparagraph (a) above shall be processed and coded pursuant to directions of the Clerk of the Court, in such manner as to insure that any revenues or surcharges generated as a result of said arrests shall be directed to the jurisdiction in which the arrest was made. Pursuant to this Joint Declaration, the City of Miami Police Department shall, before exercising concurrent jurisdiction, adopt as part of its agency's Standard Operating Procedures, the following Standard Operating Procedure For Concurrent Law Enforcement Jurisdiction: 3 STANDARD OPERATING PROCEDURE FOR CONCURRENT LAW ENFORCEMENT JURISDICTION I. PURPOSE: To provide specific guidelines for the use of concurrent law enforcement jurisdiction. II. POLICY: It shall be the policy of the City of Miami Police Department that law enforcement officers may make arrests for felonies, misdemeanors and arrestable traffic offenses in unincorporated Miami -Dade County and within any municipality which participates in this Mutual Aid Agreement when the offense takes place in the officers' presence while officers are within their jurisdictions or while they are traveling from place to place on official business outside his or her jurisdiction, i.e., to or from court, or as a result of an investigation of any offense constituting a felony or act of Domestic Violence as defined in section 741.28; Florida Statutes, when the offense took place within the jurisdiction of the investigating officer. However, absent a search warrant, concurrent jurisdiction does not include•authority to make forcible entries into private residences or businesses which are not open to the public, i.e., authority may only be exercised in places which are open to the public or with the consent of an occupant entitled to give consent. When operating under mutual aid, municipal law enforcement officers may execute search warrants for offenses which occurred in the municipality. Municipal officers may execute the search warrant, impound all property, make arrests and file the Return and Inventory. A. General Requirements: 1. Prior to taking any enforcement action, the officer shall notify the designated officer of the jurisdiction in which the action will be taken, unless exigent circum- stances prevent such prior notification, in which case notification shall be made as soon after the action as possible. 2. All arrests made pursuant to this Mutual Aid Agreement shall be coded and processed in such manner as to ensure that any revenues or surcharges generated shall be directed to the jurisdiction in which the arrest was made. 3. Officers shall not utilize unmarked vehicles to make traffic stops or to engage in vehicle pursuits. 4. Concurrent law enforcement jurisdiction pursuant to this Mutual Aid Agree- ment does not include preplanned operations, undercover investigations, stings, or sweeps. 5. Officers shall not conduct routine patrol activities outside of their jurisdiction. 4 6. Reports of any action taken pursuant to this Mutual Aid Agreement shall be faxed to the agency head of the agency within whose jurisdiction the action was taken as soon as possible after the action has taken place. 7. Any conflicts regarding jurisdiction will be resolved by allowing the agency within whose jurisdiction the action took place to take custody of any arrestees and/or crime scenes. 8. All concurrent jurisdiction stationary surveillance activities shall require notifi- cation of the agency within Whose jurisdiction the surveillance takes place. The notification shall include the general location of the surveillance and a description of the vehicles involved. Mobile surveillance shall not require notification unless concurrent jurisdiction enforcement activities take place. John F. Timoney, Chief' Date City of Miami Police Department Robert Parker, Director Date Miami -Dade Police Department Harvey Ruvin County Clerk Date 5