Cooperative Agreement: Federal Bureau of Investigation Police and MPDC

A. Definitions

• "The Agency" means Federal Bureau of Investigation Police;
• "MPD" means Metropolitan Police Department; and
• "Jurisdiction" means the area described in Part B.

B. Jurisdiction

• The Agency may assist the MPD in carrying out crime prevention and law enforcement activities, as set forth in Section B2 of this agreement, by sending personnel of the Agency on patrol with the power to arrest in the following areas of the District of Columbia that immediately surrounds the area of the agency's jurisdiction, that is:
  • the area that surrounds the Agency's jurisdiction at the J. Edgar Hoover FBI Headquarters and that is inside the perimeter created by Seventh Street, NW, Constitution Avenue, NW, 12th Street, NW, and E Street, NW;
  • Ninth Street, NW, between E Street, NW, and F Street, NW;
  • Tenth Street, NW, between E Street, NW, and F Street, NW;
  • the area that surrounds the Agency's jurisdiction at the FBI Washington Field Office and that is inside the perimeter created by Third Street, NW, E Street, NW, Fifth Street, NW, and H Street, NW;
  • Third Street, NW, between H Street, NW, and I Street, NW;
  • Fourth Street, NW, between H Street, NW, and I Street, NW; and
  • E Street, between Fifth Street, NW, and Seventh Street, NW.

The jurisdiction shall include both sides of each street named and adjacent sidewalks. The jurisdiction is depicted by the green line superimposed on the attached aerial photograph.

• It remains within the discretion of the Agency whether the Agency will assist the MPD in carrying out crime prevention and law enforcement activities by sending personnel of the Agency on patrol within the Jurisdiction. This Agreement shall not be interpreted to require that the Agency provide such assistance at a particular time or in a particular manner. When the Agency provides assistance pursuant to this Agreement, however, the terms of this Agreement shall apply.

C. Reports and Records

• Reporting Forms
  • The Agency will adopt MPD reporting forms for its use in reporting arrests occurring in the jurisdiction. In addition, the Agency may prepare reports using its own forms;
  • The Agency will utilize MPD central complaint numbers on all arrests in the jurisdiction; and
  • The Agency will be responsible for making such notifications as are required by MPD general orders in preparing reports.
• Report Processing
  • All MPD arrest reports processed by Agency also will be processed at MPD Central Records.
• Records Access
  • Members of the Agency will have access to all MPD records that are necessary for the Agency to fulfill its responsibilities for the event in which it is involved. However, this does not include access to records or documents created or maintained by the MPD Office of Internal Affairs. Likewise, and when necessary, the records maintained by the Agency will be available to members of the MPD.

D. Arrests

• Arrest Authority
  • Within the jurisdiction, the Agency officers shall possess the same powers of arrest as the MPD officers.
• Arrest Procedures
  • The MPD shall provide to the Agency:
    1. support services such as fingerprinting and photographing prisoners;
    2. detention and confinement facilities for all prisoners;
    3. prisoner transportation services, upon request, for the purposes of on-scene viewing, booking, and processing through the courts; and
    4. medical treatment and/or hospitalization for prisoners in accordance with the procedures outlined in General Order 502-7 (Medical Treatment and Hospitalization for Prisoners).
  • MPD station personnel shall accept and process collateral according to department procedures;
  • It shall be the responsibility of the MPD station clerk to arrange for the release of persons arrested by officers of the Agency, if the arrested person qualifies for release under the provisions of the Citation Release Program; and
  • The Agency officer who made the apprehension will be listed as the arresting officer and will be responsible for preparation of all required reports.
• Property and Evidence
  • The MPD will retain and process all prisoner's property resulting from arrests by Agency members;
  • The MPD will provide services to the Agency for crime scene searches, evidence collection and identification, ballistics testing and examination, chemical testing, and narcotics testing. The MPD will retain evidence for presentation in court; and
  • As necessary, members of the MPD will provide expert or supportive court testimony in Agency court cases.

E. Appearing in Court

The Agency will establish its own procedures for checking in and out of court but will use the facilities of the Court Liaison Branch. It will be the responsibility of Agency officers to obtain from the Identification and Records Division such records as are necessary to prosecute cases in court.

F. Investigations

• The Agency will take appropriate police action to preserve the crime scene until the MPD responds. The MPD will determine who will take the lead in the investigations. If the MPD asks the Agency to take the lead in the investigation, the Agency may decline to do so, in which case, the MPD shall take the lead in the investigation;
• If the MPD takes the lead in the investigation, the Agency will provide information necessary for MPD to conduct the investigation;
• The Chief of the MPD has found that misconduct by the Agency officers should not be covered by the Citizen Complaint Review Board because of the attached certification from an appropriate representative of the Agency; and
• Use of force investigations and investigations of complaints about the Agency officers shall be handled by the Agency.

G. Warrants

Members of the Agency must coordinate with MPD, and may not act unilaterally, when applying for or executing search or arrest warrants related to their authority in the jurisdiction.

H. Handling Juveniles

• Agency officers who either arrest or contact juveniles shall follow MPD General Orders. Upon request by Agency officers, the MPD will provide transportation services; and
• The Agency is responsible for ensuring that its officers understand the sensitive nature of juvenile processing and the need to protect against unwarranted disclosure of juvenile records.

I. Traffic and Towing

• The Agency shall be responsible for prosecution of traffic tickets issued by its officers, including appearances before Bureau of Traffic Adjudication and/or the Superior Court; and
• The towing of non-evidentiary vehicles remains the responsibility of the Agency.

J. Notification

The public information program established by the "Federal Law Enforcement Officer Cooperation Act of 1999," see DC Law 13-100, 47 DC Reg. 74 (2-11-2000), shall be supplemented as determined by MPD.

K. Liability

The MPD and Agency understand that there are no special relationships created or third party beneficiaries established. Each agency retains all of its rights, privileges, immunities, and defenses provided under law. Furthermore, each agency is responsible for any and all liabilities and costs that arise as a result of the actions of their respective employees. Nothing in this letter shall be construed to create an agency relationship between the MPD and Agency.

L. Training on the District of Columbia Code

An agency officer will be authorized to begin patrols in the jurisdiction pursuant to this agreement only after the MPD Institute of Police Science has certified that the agency officer has received the training on the District of Columbia Code that is required by the MPD.

• Notification and Coordination with United States Park Police (USPP) for Incidents on Federal Parkland
  • Notwithstanding any other section in this Agreement, in the event of a felony or misdemeanor incident or an arrest by Agency personnel on Federal parkland subject to this Agreement, the Agency will immediately contact the USPP to allow them the opportunity to respond and provide assistance.
    1. If the USPP does not take the lead in the matter, Agency personnel may proceed as provided in the other provisions of this Agreement; and
    2. If the USPP does take the lead in the matter, USPP will be responsible for any prisoner transport, processing, property/evidence processing and custody, USPP report preparation, and the like. The Agency will provide information pertinent to completion of USPP reports and/or necessary for USPP to conduct the investigation. The Agency will comply with such MPD reporting/processing procedures, if any, as under the circumstances may be required by this Agreement.
• In the event of such an arrest or an emergency on Federal parkland, the Agency should immediately contact the USPP Communications Section at (202) 619-7105. The Agency's normal contact with the USPP will be the USPP Commander, Central District, 1100 Ohio Drive, SW, Washington, DC 20024, who may be reached at (202) 426-6710; and
• The Agency will notify, and provide any generated reports, to the USPP of any suspicious incidents, persons or items that occur on Federal parkland subject to this Agreement.

M. Effective Date

This Cooperative Agreement shall take effect on the date of execution by both parties and shall remain in effect until terminated by either party. Either party may terminate this Cooperative Agreement by providing 30 days written notice to the other agency.

(Signed March 22, 2001)
William Welby
Assistant Director
Federal Bureau of Investigation
935 Pennsylvania Avenue, NW
Washington, DC 20535

(Signed March 22, 2001)
Charles H. Ramsey
Chief of Police
Metropolitan Police Department
300 Indiana Avenue, NW
Washington, DC 20001