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N-2023-338 <br />United States Marshals Service <br />Fugitive Task Force <br />Memorandum ol'Understanding <br />For Non -Federal Agencies <br />Rev.03/2023 <br />PARTIES AND AUTHORITY: <br />This Memorandum of Understanding (MOU) is entered into by the <br />Santa Ana Police Department <br />and the United States Marshals Service (USMS) pursuant to 28 U.S.C. § 566(e)(1)(13). As set <br />forth in the Presidential Threat Protection Act of 2000, codified at 34 U.S.C. 41503, and directed <br />by the Attorney General, the USMS has been granted authority to direct and coordinate <br />permanent Regional Fugitive Task Forces consisting of federal, state, and local law enforcement <br />authorities for the purpose of locating and apprehending fugitives. The authority of the USMS to <br />investigate fugitive matters as directed by the Attorney General is set forth in 28 USC § 566. The <br />Director's authority to direct and supervise all activities of the USMS is set forth in 28 USC § <br />561(g) and 28 CFR 0.111. The authority of United States Marshals and Deputy U.S. Marshals, <br />"in executing the laws of the United States within a State ... [to] exercise the same powers <br />which a sheriff of the State may exercise in executing the laws thereof' is set forth in 28 USC § <br />564, Additional authority is derived from 18 USC § 3053 and Office of Investigative Agency <br />Policies Resolutions 2 & 15. See also Memorandum for Howard M. Shapiro, General Counsel, <br />Federal Bureau of Investigation concerning the "Authority to Pursue Non -Federal Fugitives," <br />issued by the U.S. Department of Justice (DOJ), Office of Legal Counsel, dated February 21, <br />1995; Memorandum concerning the "Authority to Pursue Non -Federal Fugitives," issued by the <br />USMS Office of General Counsel, dated May, 1, 1995; 42 U.S.C. § 16941(a)("The Attorney <br />General shall use the resources of Federal law enforcement, including the United States Marshals <br />Service, to assist jurisdictions in locating and apprehending sex offenders who violate sex <br />offender registration requirements."). Additional authority is derived from the Attorney <br />General's Memorandum, Implementation of National Anti -Violent Crime Initiative (March 1, <br />1994); Attorney General's Memorandum, Policy on Fugitive Apprehension in FBI and DEA <br />Cases (dated August 11, 1988); Memorandum of Understanding between the Drug Enforcement <br />Administration and the United States Marshals Service (dated September 28, 2018, or as <br />hereafter amended); and Federal Rules of Criminal Procedure 41 — Search and Seizure. <br />MISSION: The primary mission of the task force is to investigate and arrest, as part of joint law <br />enforcement operations, persons who have active warrants for their arrest. The intent of the joint <br />effort is to investigate and apprehend federal, local, state, tribal, and territorial fugitives, thereby <br />improving public safety and reducing violent crime. Each participating agency agrees to refer <br />cases for which they hold the primary warrant for the subject to the RFTF (Regional Fugitive <br />Task Force) or VOTF (Violent Offender "Cask Force) for adoption and investigation. Cases will <br />be adopted by the RFTF/VOTF at the discretion of the RFTFNOTF Chief Inspector/Chief <br />Deputy. Targeted crimes will primarily include violent crimes against persons, weapons <br />offenses, felony drug offenses, failure to register as a sex offender, and crimes committed by <br />