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40. In the event that a state or local matter is developed that is outside the jurisdiction of the <br />FBI or it is decided to prosecute an OCAOCTF case at the state or local level, the FBI <br />agrees to provide all relevant information to state and local authorities in accordance with <br />all applicable legal limitations. <br />A. Investigative Methods/Evidence <br />41. For cases assigned to an FBI Special Agent or in which FBI CHSs are utilized, the <br />Parties agree to conform to federal standards concerning evidence collection, processing, <br />storage, and electronic surveillance. However, in situations where the investigation will <br />be prosecuted in the State Court where statutory or common law of the state is more <br />restrictive than the comparable federal law, the investigative methods employed by FBI <br />case agents shall conform to the requirements of such statutory or common law pending <br />a decision as to venue for prosecution. <br />42. In all cases assigned to state, county, or local law enforcement participants, the parties <br />agree to utilize federal standards pertaining to evidence handling and electronic <br />surveillance activities as outlined in the Domestic Investigations and Operations Guide to <br />the greatest extent possible. However, in situations where the statutory or common law <br />of the state is more restrictive than the comparable federal law, the investigative methods <br />employed by state and local law enforcement agencies shall conform to the requirements <br />of such statutory or common law pending a decision as to venue for prosecution. <br />43. The use of other investigative methods (search warrants, interceptions of oral <br />communications, etc.) and reporting procedures in connection therewith will be consistent <br />with the policies and procedures of the FBI. <br />B. Undercover Operations <br />44. All OCAOCTF undercover operations will be conducted and reviewed in accordance with <br />FBI guidelines and the Attorney General's Guidelines on Federal Bureau of Investigation <br />Undercover Operations. All participating agencies may be requested to enter into an <br />additional agreement if an employee of the participating agency is assigned duties which <br />require the officer to act in an undercover capacity. <br />USE OF LESS -THAN -LETHAL -DEVICES? <br />45. The parent agency of each individual assigned to the OCAOCTF will ensure that while <br />the individual is participating in FBI -led task force operations in the capacity of a task <br />force officer, task force member, or task force participant, the individual will carry only <br />less -lethal devices that the parent agency has issued to the individual, and that the <br />individual has been trained in accordance with the agency's policies and procedures. <br />Pursuant to Section Vlll of the DOJ Less -Than -Lethal Devices Policy dated May <br />16, 2011, all state/local officers participating in joint task force operations must be made aware of and <br />adhere to the policy and its limits on DOJ officers. <br />