HomeMy WebLinkAboutFEDERAL BUREAU OF INVESTIGATION (2)N-2022-196
INSURANCE NOT REQUIRED
WORK MAY PROCEED
CLERK OF COUNCIL
DATE:
Return FULLY EXECUTED
copy to COTC M-30
MEMORANDUM OF UNDERSTANDING
INVESTIGATIVE GENEALOGY
the City of Santa Ana on
The Federal Bureau of Investigation ("FBI") and behalf of its Police Department ("Originating
Agency") consider it essential to establish an understanding regarding Investigative Genealogy
("IG") practices in investigating and prosecuting cases together. The FBI is committed to
developing practices that protect reasonable interests in privacy, while making effective use of
IG to help identify violent criminals, exonerate innocent suspects, and ensure the fair and
impartial administration of justice.
A Memorandum of Understanding (MOU) regarding IG is hereby established between the FBI
and Originating Agency. IG will be performed in an effort to identify the perpetrator or victim in
case(s) brought by the Originating Agency.
By signing this MOU, the Originating Agency and the FBI agree to the following:
1. The case involves an unsolved violent crime, defined in the DOJ Policy as homicide or sex
crime, or when the circumstances surrounding the criminal act present a substantial and
ongoing threat to public safety or national security. This includes when a case involves the
unidentified remains of a suspected homicide victim.
2. The Originating Agency has pursued reasonable investigative leads to solve the case or
identify the unidentified human remains.
3. The investigation has developed a forensic unknown Short Tandem Repeat' ("STR") DNA
profile from the evidence attributable to the perpetrator/victim in the case. The qualifying
forensic unknown STR DNA profile has been entered into the Combined DNA Index System
(CODIS) and no hit has resulted from routine searches in the relevant State DNA Index
System (SDIS) or the National DNA Index System (NDIS).
4. The Originating Agency has obtained concurrence from their respective prosecuting agency
to utilize IG. If applicable, the concurrence should be obtained from the prosecutor
responsible for investigative genealogy, forensic science or DNA investigations.
5. The Originating Agency will submit the case to the FBI ViCAP Web National Crime Database.
FBI will provide assistance if needed.
6. The FBI will seek approval from its IG Review Board to utilize IG on the case.
l Short tandem repeats (STRs) are short repeated sequences of DNA that are examined at 13-20 genetic
locations. The number of repeat units is highly variable among individuals, which offers a high power of
discrimination when analyzed for identification purposes.
CONFIRMATION AND ARREST
14, When a potential offender is identified, the IG Case Team will advise the respective
prosecuting agency prior to a surreptitious DNA sample collection.
15. The IG Case Team can utilize resources across the FBI to assist the Originating Agency with
surveillance, surreptitious DNA sample collection, arrests, interviews, and searches as
needed.
16. IG is a law enforcement technique to generate investigative leads. A suspect shall not be
arrested solely based on associations determined through IG. The IG Case Team will confirm
the identity of the offender through comparison with a legally collected DNA sample prior to
charge/arrest.
17. The probable cause to charge and arrest the offender must be based on the legally collected
DNA sample comparison and confirmation. Details related to the IG process will not be
utilized as probable cause in any affidavit or other charging document. The FBI does not
object to including in an affidavit that IG was used during the course of the investigation.
The FBI can provide appropriate language if requested.
18. Originating Agency must legally obtain an additional DNA sample post arrest for comparison
and final confirmation.
DATA RETENTION AND DISCOVERY
19. After the arrest and STIR confirmation of the suspect (or positive identification for human
remains), the FBI IG Case Team will request that all SNP profiles (both the suspect SNP
profiles and voluntary reference.profiles) and associated account information and data held
by any vendor laboratory or genealogy company be removed from its records.
20. The IG Case Team will provide a copy of the suspect SNP profile to the Originating Agency
upon request. The genomic match lists, suspect/victim family trees and interview reports
related to reference tests will be retained by the FBI and will only be disclosed to the
Originating Agency pursuant to a court order or as required by law. In the event that
disclosure of material related to the IG Investigative process is necessary, the Originating
Agency and prosecutor will seek a protective order for the material.
21. The Originating Agency should confer with its prosecuting agency regarding discovery relating
to the IG investigation prior to engaging in the IG process.
N-2022-196
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year
first above written.
ATTEST:
c,Daisy Gomez
`� Clerk of the Council
RECOMMENDED FOR APPROVAL:
Y�
David Vajomfin
C o Police
CITY OF SANTA ANA
KRISTINERIDG8
City Manager
#4297v1
ACKNOWLEDGEMENT FORM
MEMORANDUM OF UNDERSTANDING
INVESTIGATIVE GENEALOGY
I have been designated by my agency as a member of an Investigative Genealogy Case Team. I
have read the Memorandum of Understanding for Investigative Genealogy which was signed by
an authorized representative from my agency. By signing below, I certify that I understand all of
the provisions and will abide by them.
Signature
Name:
Title:
Agency:
Date