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Agmt09 West Bay Information
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Agmt09 West Bay Information
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Last modified
2/22/2010 8:41:06 AM
Creation date
2/22/2010 8:32:53 AM
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Template:
Agreement
Contractor Name
West Bay Information Sharing System
PROJECT NAME
MOU
RMP File Number
304
Date
12/24/2009
MO Ref
MO 09-181
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<br />applicable to all criminal intelligence systems operating through support under <br />the Omnibus Crime Control and Safe Streets Act of 1968,42 U.S.C. 3711, et <br />seq., as amended (Pub. L. 90-351, as amended by Pub. L. 91-644, Pub. L. 93- <br />83, Pub. L.93-415, Pub. L.94-430, Pub. L.94-503, Pub. L.95-115, Pub. L. 96- <br />157, Pub. L. 98-473, Pub. L. 99-570, Pub. L. 100-690, and Pub. L. 101-647). (b) <br />As used in these policies: (1) Criminal Intelligence System or Intelligence System <br />means the arrangements, equipment, facilities, and procedures used for the <br />receipt, storage, interagency exchange or dissemination, and analysis of criminal <br />intelligence information; (2) Interjurisdictionallntelligence System <br /> <br />-2- <br /> <br />means an intelligence system which involves two or more participating agencies <br />representing different governmental units or jurisdictions; (3) Criminal Intelligence <br />Information means data which has been evaluated to determine that it: (i) is <br />relevant to the identification of and the criminal activity engaged in by an <br />individual who or organization which is reasonably suspected of involvement in <br />criminal activity, and (ii) meets criminal intelligence system submission criteria; <br />(4) Participating Agency means an agency of local, county, State, Federal, or <br />other governmental unit which exercises law enforcement or criminal <br />investigation authority and which is authorized to submit and receive criminal <br />intelligence information through an interjurisdictional intelligence system. A <br />participating agency may be a member or a nonmember of an interjurisdictional <br />intelligence system; (5) Intelligence Project or Project means the organizational <br />unit which operates an intelligence system on behalf of and for the benefit of a <br />single agency or the organization which operates an interjurisdictional <br />intelligence system on behalf of a group of participating agencies; and (6) <br />Validation of Information means the procedures governing the periodic review of <br />criminal intelligence information to assure its continuing compliance with system <br />submission criteria established by regulation or program policy. 9 23.20 <br />Operating principles. (a) A project shall collect and maintain criminal intelligence <br />information concerning an individual only if there is reasonable suspicion that the <br />individual is involved in criminal conduct or activity and the information is relevant <br />to that criminal conduct or activity. (b) A project shall not collect or maintain <br />criminal intelligence information about the political, religious or social views, <br />associations, or activities of any individual or any group, association, corporation, <br />business, partnership, or other organization unless such information directly <br />relates to criminal conduct or activity and there is reasonable suspicion that the <br />subject of the information is or may be involved in criminal conduct or activity. (c) <br />Reasonable Suspicion or Criminal Predicate is established when information <br />exists which establishes sufficient facts to give a trained law enforcement or <br />criminal investigative agency officer, investigator, or employee a basis to believe <br />that there is a reasonable possibility that an individual or organization is involved <br />in a definable criminal activity or enterprise. In an interjurisdictional intelligence <br />system, the project is responsible for establishing the existence of reasonable <br />suspicion of criminal activity either through examination of supporting information <br />submitted by a participating agency or by delegation of this responsibility to a <br />properly trained participating agency which is subject to routine inspection and <br /> <br />WEISS West Bay Region Node MOU Agreement <br /> <br />Page 26 of 48 <br />
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