ROLE, REPONSIBILITIES, AND RELATIONSHIPS
1.0 INTRODUCTION. The Marshal Service is the essential law enforcement
service of the Cherokee Nation and has a unique responsibility to
provide law enforcement service to a large geographic area with
multi-jurisdictions having criminal and civil
1.1 ESTABLISHMENT. The Cherokee Nation Marshal Service was
established pursuant to Cherokee Nation Law in April of 1991. At the
same time Tribal legislation was enacted to provide the criminal code
and procedures to enforce the administration of justice.
1.2 AUTHORITY. The Marshal Service authority is established by
the Constitution of the Cherokee Nation 1839 § 62 and
Cherokee Nation Code Annotated Title 51 chapter 6 § 61,62,
and 71. Our Federal Authority is provided under an
agreement with the Bureau of Indian Affairs for Special
Law Enforcement Commissions as authorized in USC Title
18 § 2803. Furthermore, the Federal Indian Law
Enforcement Reform Act of August 18, 1990 (25 U.S.C.A.
2804 et seq.), the State of Oklahoma State Tribal
Relations Act of September 1, 1990 (104 OSS 473) and
the Cherokee Nation Resolution numbered 16-91 of March 8,
1991, authorizes cooperative law enforcement agreements
to be entered into between the Nation, the State, and the
Federal government as authorized. Marshals enforce Tribal,
State and Federal law.
1.3 MISSION AND VALUES
THE MISSION OF THE CHEROKEE NATION MARSHAL SERVICE (CNMS) The
Mission of the Cherokee Nation Marshal Service is developed
and dedicated toward serving the citizens of the Cherokee
Nation and promoting the Culture, Heritage and Sovereignty of
the Cherokee People. The Marshal Service achieves this by
actively working with individuals, families and communities
within the jurisdictional boundaries of the Cherokee Nation
enforcing the laws of the Cherokee Nation, the United States
of America and of local and State jurisdictions when
applicable. The Marshal Service provides qualified and
professional personnel to protect and preserve the rights and
sovereignty of the Cherokee Nation and of the Cherokee
THE VALUES OF THE CHEROKEE NATION MARSHAL SERVICE (CNMS)
The Office of Law Enforcement Services bases its operations on
these statements of our values and beliefs.
We value human life...
We expect employees to perform their jobs in a manner,
which emphasizes the protection of life and minimizes
the risk of unnecessary injury or death to any person.
We value the principles of the Constitutions of the Cherokee
Nation and of the United States of America. We value the
system of laws, which govern us...
We respect the dignity and rights of the individual. We
are governed by a set of laws, not individuals. We
recognize that our role as an entity of the Cherokee
Nation is to uphold its Constitution and laws.
We value the communities we serve...
We believe that the reason we exist is to serve our
communities. We must be open and responsive to changing
conditions and needs, and we must recognize and respect
diversity. We believe that it is our responsibility to
keep the peace not only by enforcing the law, but also
by working proactively with our communities to identify
and reduce problems and by addressing their causes. We
believe that community policing is an on-going process,
not just a program.
We value the person...
We value the diversity of the individual, which stems
from differences in race, age, sex, religion, sexual
orientation, handicap, socioeconomic status, culture,
and language. We will treat all individuals with
courtesy, respect, and dignity.
We value our cultural heritage and traditions...
We value our cultures in the manner in which we enforce
the law and we respect our traditions and beliefs.
We value organizational excellence...
We value a working environment in which individuals work
as a professional team to help us achieve our mission
and goals. We value the strength of personal character
in our employees...
We value open and honest communicators who display high
moral and ethical conduct, integrity, adaptability, and
sound judgment. We expect employees to be effective
problem solvers who are personally and professionally
responsible and accountable.
1.4 PURPOSE. The purpose of this manual is to provide the
essential requirements for effective administration of a law
enforcement program. The performance of law
enforcement is guided by the requirements of the
Cherokee Nation and United States Constitutions and other
applicable federal, tribal and state laws relevant to the
administration of justice and the execution of the
duties of a Cherokee Nation Marshal Service.
1.5 STANDARDS AND PROCEDURES. This manual contains standards
and procedures for the daily operation of law
enforcement activities of the Cherokee Nation Marshal
2.0 DEFINITIONS. The following definitions will govern
terminology to be used.
2.1 DIVISION. The Cherokee Nation Marshal Service is an
organizational division of the Law & Justice Branch of the
Cherokee Nation Government. The CNMS is staffed by professional
Law Enforcement Officers under the command of the Marshal.
2.2 MARSHALS are persons directly employed by the Cherokee Nation
and are duly commissioned and deputized to perform Law
2.3 DEPUTY MARSHALS are persons deputized pursuant to the cross-
deputation agreements approved by the Cherokee Nation and are
employed by the local governments of other Law Enforcement
2.4 OTHER SUPPORT PERSONNEL are civilian employees and support
personnel who are employees of the Cherokee Nation Marshal
2.5 SUPERVISORY OFFICERS are Marshals assigned by the Marshal
either temporarily or permanently to positions or special
duties to perform certain functions.
2.6 DUTY ASSIGNMENTS are allocated to personnel receiving specific
assignments made with the aim of establishing optimum
effectiveness within the Marshal Service while recognizing the
needs and agility of individual employees.
2.7 RESPONSIBILITY is the accountability for duties and actions of
oneself or others and the accomplishment of Marshal Service
2.8 LAW is a statute approved or enacted by the federal, state or
Cherokee Nation Governments which Marshals have a duty to
2.9 GENERAL ORDER is a written order issued by the Marshal or his
designee which is applicable to the Marshal Service as a
2.10 SPECIAL ORDER is a written directive issued by the Marshal
or his designee providing specific instructions governing
particular situations. Special orders are automatically
canceled when their objectives are achieved.
2.11 PERSONNEL ORDER is an assignment or reassignment of
personnel to or within the Marshal Service.
2.12 RULES AND REGULATIONS are the requirements set forth in law
approved by the Cherokee Nation, State or Federal Government and
the guidance provided for in this manual and other
instructions issued by the courts or the Marshal. The
requirements of this manual are applicable to all officers of the
Cherokee Nation Marshal Service and where specified to all members
of the Marshal Service staff.
2.13 APPLICATION OF LAW AND RULES. Any conflict with these rules
and existing law is not intended. If any such conflict
or ambiguity exists the law applies over any
requirement contained herein. All existing rules and
regulations, orders and instructions in conflict with this manual
2.14 CHEROKEE PERSONNEL RULES. The rules and regulations are in
addition to the normal personnel rules of the Cherokee Nation
personnel system and are intended to supplement the
normal requirements to conform to efficient law enforcement
practices and standard operating procedures.
2.15 REPORT is a written communication, unless otherwise specified.
Those who prepare reports shall submit them promptly in the
manner prescribed by Marshal Service procedures. Particular
care shall be taken in their preparation to assure
accuracy and thoroughness as well as proper usage of
language, punctuation and spelling.
2.16 POLICY consists of principles and values which guide the
performance of a Marshal Service activity. Policy is not
a statement of what must be done in a particular
situation; rather, it is a statement of guiding principles which
should be followed in activities which are directed
toward the attainment of Marshal Service activities.
2.17 PROCEDURE is a method of performing an operation or a manner of
proceeding on a course of action. It differs from policy in
that it directs action in a particular situation to perform a
specific task within the guidelines of policy. Both
policies and procedures are objective oriented. Howe ver,
policy establishes limits of action while procedure directs
response within those limits. Procedures are established in
writing and are indicated by general orders, bureau orders,
division orders and special orders.
2.18 PUBLIC SERVICE. Often, because there are no other public or
private agencies available, the public relies upon law enforcement
for assistance and advice in the many routine and emergency
situations which develop in an urban or rural society. For
this reason and because there is frequently a potential
for crime, the Marshal Service regularly responds to
incidents where it is not contemplated that an arrest will be
Saving lives and aiding the injured, locating lost
persons, keeping the peace, and providing for many other
miscellaneous needs are the basic services provided by the Marshal
Service. To satisfy these requests, the Marshal Service
responds to calls for service and renders such aid, or
advice as is necessary or indicated by the situation.
2.19 MINOR is any person under the age of 21 years.
2.20 JUVENILE is any person under the age of 18 years.
2.21 ON DUTY is the state of a Marshal during his shift or watch
when he is responsible for performing regular and assigned
2.22 OFF DUTY is the state of a Marshal during the rest period when he is
free of the responsibility of performing his routine
2.23 TOUR OF DUTY is the shift or watch during which an individual
is on duty.
2.24 SPECIAL DUTY is an assignment, the nature of which requires
that the employee be excused from the performance of
his regular duties.
2.25 OUT OF SERVICE is services not available because of the
breakdown of the car or when withdrawn from normal service for some
2.26 WILLFUL NEGLECT OF DUTY is the failure to give sui table
attention to the performance of duty. Examples included, but
are not limited to: the failure to take appropriate action on the
occasion of a crime, disorder, or other act or condition
deserving attention; failure to report for duty at the time and
place designated; and failure to conform to the Marshal
Service's operating procedures.
2.27 SUPERVISION shall be accomplished with firmness, deliberation,
kindness and impartiality. The superior officer shall take
immediate action when any subordinate violates any requirement or
when a complaint is lodged against any employee
ORGANIZATION, MANAGEMENT, AND ADMINISTRATION
3.0 COMMAND AND SUPERVSORY RESPONSIBILITIES-AUTHORITY
The Marshal's authority is based on his or her designation as
the executive officer of the Marshal Service and is the
final divisional authority in all matters of policy,
operations and discipline. He or She exercises all lawful
powers of his office and issues such lawful orders as are
necessary to assure the effective performance of the Marshal
3.1 RESPONSIBILITIES. The Marshal Service is responsible for
the enforcement of all laws as applicable to its legal
jurisdiction. The Marshal is responsible for planning,
directing, coordinating, controlling and staffing all
activities of the Marshal Service and relations with the
citizens of Cherokee Nation and Other Agencies.
3.2 CHAIN OF COMMAND AND DELEGATIONS OF AUTHORITY.
In the absence of the Marshal and to carry out certain
functions, the Marshal may delegate to the Captain or
Lieutenant the executive authority to act in the Marshal's
absence and may specifically delegate other duties to other
Marshals as needed.
3.3 UNITY OF COMMAND. Each employee is accountable to only one
supervisor at any given time, and each organizational
component is under the direct command of only one supervisor.
3.4 SENIORITY means total years of service in the Marshal
Service for pay purposes.
3.5 COMPLIANCE WITH ORDERS. Employees obey any lawful order of a
superior, including any order relayed from a superior by an
employee of the same or lesser rank. The Marshal establishes
procedures to be followed by an employee who receives a
conflicting or unlawful order.
3.6 AUTHORITY TO DISCIPLINE-RELIEVING FROM DUTY Whenever it is
deemed necessary for reason of any violation of the rules and
regulations, or for the preservation of good order,
efficiency and discipline, all supervising officers may
relieve from duty, pending formal charges, any subordinate
member of the CNMS, prior to duty if deemed necessary or the
balance of shift. In all cases, the final action decision for
further action or suspension, demotion or dismissal, shall
rest with the Marshal pursuant to the provisions of the
personnel rules and regulations of the Cherokee Nation.
3.7 ACCOUNTABILITY FOR SUBORDINANTS. Supervisory personnel
are accountable for the performance of the employees
under their immediate control.
3.8 CHEROKEE NATION MARSHAL SERVICE POICY MANUAL. All
employees of the Cherokee Nation Marshal Service have
access to the policy manual and its supporting
documents. The Marshal approves the manual and its
supporting documents, which provide for the
implementation of these standards and direct
documentation of compliance. The Marshal updates the
manual as needed and reviews it annually.
3.9 DISSEMINATION OF THE CHEROKEE NATION MARSHAL SERVICE
POLICY MANUAL. The Marshal disseminates approved new or
revised sections of the manual to designated staff, and,
where appropriate, volunteers and community members
prior to their implementation. All employees receive the
3.10 ENFORCEMENT OF RULES is the responsibility of all
Marshals to abide by and enforce the law, court orders and
Marshal Service rules and directives.
3.11 INSPECTION is the responsibility of the Marshal and his or
her designees, to inspect activities, personnel and
equipment under their supervision and initiate suitable
action in the event of a failure, error, violation,
misconduct, or neglect of duty by a subordinate.
3.12 ASSISTING SUBORDINATES. Supervisory personnel shall have a
working knowledge of the duties and responsibilities of their
subordinates. They shall observe contacts made with
the public by subordinates, and be available for
assistance or instruction as may be required. They should
respond to calls of serious emergencies, felonies in progress,
felonies found or reported, serious misdemeanors, assaults and
other crimes as may be necessary unless actively
engaged in a police incident. They should observe the
conduct of the assigned personnel and take active charge when
3.13 MEDIA ACCESS TO LAW ENFORCEMENT EVENTS. Access to the
media is provided by the administrative policies of the
Cherokee Nation, wherein all media information is approved
through the Communications Department.
3.14 RELEASABLE INFORMATION. Personnel of the Marshal Service are
subject to specific limitations imposed by law, court rule or order.
They may make public the following information. H owever,
if an officer is in doubt, he shall consult with any other
officers necessary in making a determination in the
1. The arrested person's name, age, and residence with
the exception of juvenile cases.
2. Use the Department's name, "Cherokee Nation Marshal Service"
and identify the investigating and arresting officer(s).
3. The substance or text of the charge such as in a
complaint or indictment.
4. The circumstances immediately surround an arrest,
to include the time and place of arrest, resistance,
pursuit, possession and use of weapon.
3.14 NON-RELEASABLE INFORMATION.
1. Observations about the defendant’s character.
2. Statements, admissions, confessions or alibis
attributable to defendant's previous criminal records
or statements indicating the lack of the above.
3. References to investigative procedures, such as
fingerprints, polygraph examinations, ballistic tests
or laboratory test.
4. Statements concerning evidence in the case whether
or not it is anticipated that such evidence will be used at
5. Hint that the suspect is responsible for a series
of crimes that may have been in the news. If a
suspect is arrested on a number of charges, then
those charges can be released.
6. Statements concerning the identity, credibility or
testimony of a prospective witness.
7. Relate that the suspect has refused to make a
statement such as: "He took the Fifth Amendment."
8. Express an opinion of the defendant's guilt or
innocence or matters relating to the merits of the case.
9. Prisoners will not be moved or posed solely for the
purpose of allowing photographs or news film to be taken.
However, news photographers will not be prevented
from taking unposed pictures in public places.
10. The description of items seized at the time of
arrest and/or photographs of this evidence must be cleared
through the District Attorney's office before being
3.15 COMPLIANCE WITH THE BUDGETTING, PROCURMENT, ACCOUNTING AND
PROPERTY MANAGEMENT DIRECTIVES. The directives are found
in the administrative policies of the Cherokee Nation by
which all programs abide.
4.0 COMPLIANCE WITH PERSONNEL DIRECTIVES. The Law
Enforcement Program Personnel Management directives are
defined in the Human Resource Policies and Procedures of
the Cherokee Nation (HRPPCN).
4.1 CRITERIA FOR Definitions of Marshal Service Positions And
The SELECTION OF LAW ENFORCEMENT OFFICERS. The Council
of the Cherokee Nation enacted on April 23, 2007 the
Legislative Act 17-07, amending Title 51, “Officers, of
the Cherokee Nation Code Annotated; Relating to the
Duties of the Office of Marshal; and Declaring an
Emergency.” Pursuant to the Constitution of the Cherokee
Nation and the Legislative Act referenced above known
officially as “the Cherokee Nation Marshal Act”, the
Marshal in accordance with her / his duties descri bed by
the Constitution and law of the Cherokee Nation has
promulgated rules related to the requirements for
defining the positions with the Cherokee Nation Marshal
Service, the selection and appointment of all Cherokee
Nation Marshals are described below.
a. The Marshal is defined by the Constitution and Law of
the Cherokee Nation.
b. The Marshals and Contract officers are deputized and
selected pursuant to HRPPCN including additional internal
criteria specific to Law Enforcement.
c. Former law enforcement officers may be sworn as
“Cherokee Nation Deputy Marshals” or “Special Agents of
the Cherokee Nation Marshal Service”. Provided, they have
previously served and were fully commissioned as Tribal,
State or Federal Law Enforcement officers or agents of
their respective law enforcement agencies. Provided
further, that such officers must have retired or departed
their former employment status in good standing as sworn
law enforcement officials and provided further, that all
officials proposed or designated to serve will meet the
requirements of a background investigation, fitness for
duty, specific individual training to maintain
credentials as well as firearms qualification as the
Marshal deems appropriate. Any exercise of Cherokee
Nation law enforcement authority will be under the
specific direction and supervision of the Marshal only
except if there is a rare circumstance or situation where
immediate action because of imminent jeopardy of life or
property in need of protection. Such officials may apply
for “Special Law Enforcement Commissions” with other
federal, state or tribal law enforcement agencies but
only with the endorsement of such requests by the
Cherokee Nation Marshal. Otherwise, individual or self
requests are not valid. Necessary equipment m ay be issued
by the Marshal to fulfill responsibilities that may be
required. Such official’s authorization to serve as
Cherokee Nation Marshals is purely discretionary by the
Marshal and may be revoked at any time with or without
cause. No special employment or compensation rights are
granted by such deputations.
4.2 BACKGROUND INVESTIGATIONS. Additional background of each
candidate is conducted prior to appointment to
probationary status. Records of the background
investigation shall be maintained during the duration of
the Marshal’s employment. A qualified investigator will
conduct the background investigation. A minimum
background investigation may include, but is not limited
a. A criminal history check
b. A domestic violence questionnaire
c. A history of past employment
d. Verification of personal references
e. A driver’s record check
4.3 EXAMINATION TO DETERMINE FITNESS OF DUTY. All sworn
employees are examined prior to employment pursuant to
HRPPCN. Additional examinations are conducted prior to
attending an accredited Law Enforcement Academy.
4.4 PHYSICAL FITNESS EXAMINATION (PEB). A PEB is conducted
prior to employment and an additional semi-annual
Physical Efficiency Battery (PEB) will be conducted
during employment to determine that fitness for duty
levels are maintained. Each employee is allowed three
duty hours per week to maintain their fitness level.
4.5 TESTING OF APPLICANTS. Applicants will be interviewed
pursuant to HRPPCN requirements and additional written or
oral examinations will be conducted to determine
suitability for Law Enforcement standards.
4.6 APPOINTMENT CONTIGENT TO TRAINING COMPLETION. Newly
appointed Marshals shall complete a Field Training
Officer (FTO) Program during their probationary period
established by HRPPCN. These training records will be
maintained within the Cherokee Nation Marshal Service.
If not already qualified, each Marshal will successfully
complete an accredited Law Enforcement Basic Training
Academy within six months of employment.
4.7 DUAL CERTIFICATION. Each Marshal shall meet the
requirements of the Federal Law Enforcement Training
Center (FLETC) and the State of Oklahoma Council of Law
Enforcement Education and Training (CLEET) and will be
certified in both jurisdictions unless excused by a
physician for a chronic medical condition or at the
discretion of the Marshal.
4.8 CODE OF CONDUCT. Each Marshal shall sign a Code of
4.9 SEXUAL HARASSMENT. New employees will receive Sexual
Harassment training during orientation established by
HRPPCN. Each Marshal shall abide by the Sexual
Harassment policy during their employment.
4.10 EQUAL EMPLOYMENT OPPORTUNITY. The program complies with
4.11 MARSHAL RESERVE, ORGANIZATION. The Cherokee Nation Marshal
Service Reserve has been established as a law enforcement
support body of the Cherokee Nation Marshal Service as
specified by Cherokee Nation Code Annotated Title 51 Chapter
7 § 71.
4.12 DEPARTMENTAL STATUS. The Marshal Service Reserve is an
organizational unit of the Marshal Service. They are
under the direction of a commanding officer who is a regular member
of the Marshal Service. Policies shall be authorized
and approved by the Marshal.
4.13 QUALIFICATIONS OF RESERVE OFFICERS are those desiring to
serve in the Marshal Service Reserve as a community service under
the standards and specifications as set forth by the Marshal.
4.14 APPLICATION, INVESTIGATION AND SELECTION. Each applicant
for membership in the Marshal Reserve shall be required to
file with the Marshal Service a standard application
form and submit to or fill out any oath or form as required. Final
selection of a Marshal Reserve will be made with the approval of the
4.15 DISQUALIFICATION AND SUSPENSION. The commanding officer of the
Marshal Reserve with the approval of the Marshal may
disqualify, suspend, or dismiss any applicant or
Marshal Reserve Officer with no rights of appeal or hearing.
4.16 POLITICAL ACTIVITY. The policy of the Marshal Reserve shall be
non-partisan and members, while acting as or a member of the
Marshal Reserve, shall be restricted to voting. They
shall not solicit or make contribution in money or
other thing directly or indirectly on any pretext to any person,
committee or association for local political purposes as a member of
the Marshal Reserve. They shall not use the influence of
the office as Reserve.
4.17 TRAINING PROGRAMS. In order to maintain high performance
standards and efficiency of the Marshal Reserves,
training programs will be established by the Marshal Service Office
for all Marshal Reserve Officers.
4.18 POLICE RESERVE SCHOOL. Every Marshal Reserve Officer shall
complete the designated training programs as formulated
and directed by the commanding officer of the Marshal Reserve and
approved by the Marshal.
4.19 GENERAL RESPONSIBILITIES AND DISCIPLINE. Every Marshal Reserve
Officer shall perform his duties and obligations as set forth in
the rules and regulations of the Marshal Service Office.
4 . 2 0 UNIFORM. Members assigned shall wear the uniform prescribed.
4.21 POLICE RESERVE MEETINGS, shall be called at the direction of
the commanding officer or the Marshal as required.
4.22 OUTSIDE EMPLOYMENT. Marshals and support staff are prohibited
from engaging in regular employment or in a gainful occupation outside
their Marshal Service position which is detrimental to the good of
the service, or which would reflect upon the Marshal
Service in any way. Upon the application of the employee,
the Supervisor may authorize employment or occupation of said
employee which does not conflict with Marshal Service
A. Types of employment specifically prohibited:
1. Any establishment that sells or dispenses
2. Any collection agency
3. Bail bondsman
4. Private detective or private patrol
5. Practicing attorney
6. Taxi cab driver or operator
B. The holding of any license, permit or other document
authorizing an employee to engage in any of the
foregoing occupations shall be prima facie evidence of
his intent to engage in such occupation and thus constitutes a
violation of this section of the rules and regulations.
4.23 IN-SERVICE TRAINING REQUIREMENTS. All marshals receive an
additional forty hours of job-relevant training each
subsequent year of employment. This training includes required
re-certifications of firearms proficiency, first aid and CPR.
4.24 SUPERVISORY AND ADMINISTRATIVE PERSONNEL PRE-SERVICE TRAINING
REQUIREMENTS. All new supervisory and administrative personnel
receive at least the number of hours of training recommended
by the Marshal during the first year of employment in their
4.25 RESTRICTIONS ON THE USE OF OFFICERS PRIOR TO COMPLETION OF
PRE-SERVICE TRAINING REQUIREMENTS. All newly sworn officers
complete the pre-service training program prior to routine
assignment in any capacity in which the officer is allowed to
carry a weapon or is in a position to make an arrest, except
as part of a formal field officer training program. The
field training officer FTO program consists of the following:
1. Experienced officers certified by an accedited academy
must complete a four-week training program or when the
training officers are convinced the officer is capable
of performing field operations.
2. Inexperienced officers must complete a twelve-week
training program or when the training officers are
convinced the officer is capable of performing field
4.26 INSPECTION OF FIREARMS. A qualified firearms instructor or
armorer reviews, inspects and approves all weapons intended
for use by each employee in the performance of duty, prior to
carrying them. The qualified firearms instructor or armorer
removes unsafe weapons and maintains a record of each weapon
approved for official use.
4.27 FIREARMS PROFICIENCY. The Marshal ensures that only marshals
who demonstrate proficiency in the use of authorized weapons
are approved to carry such weapons.
4.28 SEMI-ANNUAL FIREARMS TRAINING AND QUALIFICATION. At least
semi- annually, each employee receives in-service training on
use-of-force and demonstrates proficiency with any approved
weapon that the employee is authorized to use. In addition, a
certified weapons instructor monitors and documents
proficiency training and implements remedial training for
those marshals who are unable to qualify with an authorized
weapon prior to resuming official duties.
4.29 USE OF FORCE TRAINING. Before authorizing marshals to carry
weapons, the Marshal or designee issues copies of use-of-
force, firearms, and less than lethal weapons procedures,
ensures that they have been trained as required in these
standards, and documents both the issuance and the completion
of these training requirements.
4.30 TRAINING COORDINATOR. The Marshal identifies and appoints a
qualified employee, who has received training in training
delivery methods, plans, coordinates and supervises employee-
training programs. The Marshal or a designee identifies
training needs annually.
4.31 APPROVAL OR TRAINING PROGRAMS AND CURRICULUM. The Marshal or
designee approves the law enforcement training programs and
curriculum required by Federal and Oklahoma State standards.
4.32 UPDATE OF EMPLOYEE TRAINING RECORDS. The Marshal or designee
updates the training records of employees following their
participation in training programs.
RULES AND REGULATIONS
5.0 PROFESSIONAL CONDUCT OF MARSHALS. Members of the Marshal
Service Office shall become thoroughly familiar with the
provisions of these Rules and Regulations and shall conform to and
abide by them. They shall observe the laws and render
their service to the Nation with courage, good judgment
5 .1 PROFESSIONAL CONDUCT AND RESPONSIBILITIES-STANDARD OF CONDUCT.
Members and employees shall conduct their private and
professional lives in such a manner as to avoid bringing the Marshal
Service into disrepute.
5.2 LOYALTY to the Marshal Service and to associates is an
important factor in Marshal Service Office morale and
efficiency. Members and employees shall maintain a loyalty to the
Marshal Service and their associates as is consistent with the law
and personal ethics.
5.3 COOPERATION between the ranks and units of the Marshal
Service Office is essential to effective law enforcement.
Therefore, all members are strictly charged with
establishing and maintaining a high spirit of cooperation
within the Marshal Office.
5.4 ASSISTANCE. All members are required to take
appropriate police action toward aiding a fellow peace officer
exposed to danger or in a situation where danger might be impending.
5.5 GENERAL RESPONSIBILITIES. Members and employees shall at all
times take appropriate action to:
(a) Protect life and property
(b) Preserve the peace
( c ) Prevent crime
(d) Detect and arrest violators of the law
( e ) Enforce all Federal, State, and Tribal laws and
ordinances coming within the Division
5.6 DUTY RESPONSIBILITIES. Members of the Marshal Service are
always subject to duty although periodically relieved of its
routine performance. They shall, at all times, respond to the
lawful orders of superior officers and other proper
authorities as well as calls for police assistance from
5.7 INSUBORDINATION is the failure or deliberate refusal of any
member or employee to obey a lawful order given by a superior
officer. Ridiculing a superior officer or his orders, whether in or
out of his presence, is also insubordination.
5.8 KNOWLEDGE OF LAW AND REGULATIONS. Every member is required to
establish and maintain a working knowledge of all laws
in force in the Cherokee Nation jurisdiction, the rules
and policies of the Marshal Service and the general, special and
personnel orders of the Marshal Service. In the event
of improper action or breach of discipline, it will be presumed
that the member was familiar with the law, rule or policy in
5.9 PERFORMANCE OF DUTY. All members and employees shall perform
their duties as required or directed by law, Division rule,
policy or order, or by order of a superior officer.
All lawful duties required by competent authority
shall be performed promptly as directed, notwithstanding
the general assignment of duties and responsibilities.
5.10 OBEDIENCE TO LAWS AND REGULATIONS. Members and employees shall
observe and obey all laws, rules and regulations of
the Marshal Service and all general, special, and personnel orders of
the Marshal Service.
5.11 ESTABLISHING ELEMENTS OF VIOLATION. Existence of facts
establishing a violation of a law, ordinance or rule, is all that is
necessary to support any allegation of such as a basis for a charge
under this section. It is not necessary that a formal
complaint be filed or sustained. Nothing in this manual
of rules prohibits disciplinary action against members or employees
merely because the alleged act or omission does not appear herein, in
Marshal Service orders, or in laws and ordinances within the
cognizance of the Marshal Service.
5.12 REPORTING VIOLATIONS OF LAWS, RULES OR ORDERS. Members and
employees knowing of other members or employees violating laws or
rules of the Marshal office, or disobeying orders, shall
report same in writing to the Marshal.
5.13 CONDUCT TOWARD SUPERIOR AND SUBORDINATE OFFICERS AND ASSOCIATES.
Members and employees shall treat superior officers,
subordinates and associates with respect. They shall be
courteous and civil at all times in their relationship with
5.14 MANNER OF ISSUING ORDERS from superior to subordinate shall be
in clear and understandable language, civil in tone and
issued in pursuit of Marshal Service business.
5.15 UNLAWFUL ORDERS. No command or supervisory officer shall
knowingly issue any order which is in violation of any law or
ordinance or Marshal Service rules.
5.16 REPORTS AND APPEALS-UNLAWFUL, UNJUST, IMPROPER ORDERS.
A member or employee receiving an unlawful, unjust or improper
order, shall, at first opportunity, report in writing to the
Marshal or Captain. This report shall contain the facts of the
incident and the action taken. Appeals for relief from such
orders' may be made at the same time.
5.17 CONTRIBUTIONS or subscription shall not be made by any member to
buy any present intended for another member of the Marshal
Service, or any other person, and they shall not collect or
receive any money, or other thing of value from citizens for any
such purpose, nor shall they circulate subscription papers,
sell tickets of any kind, collect money from any person for
any purpose, without the express individual permission of the
5.18 REWARDS Members of the Marshal Service, individually and
collectively, shall not solicit rewards for performance of
duties nor seek or ask for gratuities of any kind.
5.19 ACCEPTANCE OF GIFTS, GRATUITIES, FEES, LOAN, ETC.
Members and employees shall not accept either directly or
indirectly any gift, gratuity, loan, fee or any other thing of
value arising from or offered because of police employment or
any activity connected with said employment. Members and
employees shall not accept any gift, gratuity, loan, fee or
other thing of value, the acceptance of which might tend to
influence directly or indirectly the actions of said member or
employee or any other member or employee in any matter of
police business, or which might tend to cast an adverse
reflection on the Marshal Service or any member or employee
thereof. No member or employee of the Marshal service shall
receive any gift or gratuity from other members or employees
junior in rank without the express permission of the
5.20 OTHER TRANSACTIONS. Every member and employee is prohibited
from buying or selling anything of value from or to any
complainant, suspect, witness, defendant, prisoner, or other
person involved in any case which has come to his attention or which
arose out of his Marshal Service employment except as may
specifically authorized by the Supervisor.
5.21 DISPOSITION OF UNAUTHORIZED GIFTS, GRATUITIES, ETC. Any
unauthorized gifts, gratuity, loan, fee, reward, or other
thing falling into any of these categories coming into the
possession of any member or employee shall be forwarded to the
Marshal together with a written report explaining the
circumstances connected therewith.
5.22 DEBTS-INCURRING. Members of the Marshal Service shall promptly
pay their just debts, and meet all other obligations
undertaken. No member or employee of the Marshal
Service shall assign his salary or income, or contract of any debts
or liabilities which he is unable or unwilling to pay; or neglect or
refuse to discharge honorably, and promptly pay all
indebtedness, claims and judgments, and satisfy all executions that
may be held or issued against him; and shall not become surety upon
any bond other than required by law.
5.23 GENERAL CONDUCT ON DUTY. Not withstanding the assignment of
specific duties and responsibilities to members of the
Marshal Service, members shall perform all other duties as may be
required by them by competent authority.
5.24 COORDINATION IN CARRYING OUT THE FUNCTIONS OF THE MARSHAL
SERVICE. Members shall direct and coordinate their efforts in such
manner as will tend to establish and maintain the highest standard
5.25 HOURS. Officers shall have regular hours assigned to them for active
duty, and when not so employed, shall be considered off duty. They
shall, however, be subject to duty as needed. When off
duty they shall perform, and at all time be equipped properly to
perform necessary police service on any matter coming to
their attention at any time. When so engaged, they shall
have the same status as during a regularly scheduled tour
5.26 REPORTING FOR DUTY AND ROLL CALL. Unless otherwise
directed, members and employees shall report to duty at
the time and place specified, punctually, properly uniformed and
equipped. They shall give careful attention to orders and
instructions. Repeated failure to report promptly at the time
directed will be deemed neglect of duty and made the subject of
5.27 OFF DUTY REPORTING. Officers or members off duty shall, upon
receipt of and in compliance with the directions given at the time of
notification shall, without notice, report for duty
immediately in the event of any major disaster, or to
their duty assignment in any other emergency wherein it would be
reasonably expected that the Marshal Service would require the added
services of all officers or members.
5.28 RELIEF. All members and employees are to remain at their
assignments and on duty until properly relieved by another
member or employee of until dismissed by competent authority.
5.29 ABSENCE FOR DUTY. Every member or employee who fails to appear
for duty at the date, time and place specified without the
consent of competent authority is absent without leave. Such absence
without leave must be reported in writing to the Marshal or delegated
personnel through the chain of command.
5.30 INSPECTIONS. From time to time the Supervisor may call
for full dress inspections of the Marshal Service, or any
part thereof. Members directed to attend such inspection
shall report in the uniform prescribed, carrying the
equipment specified. Unauthorized absence from such
inspection is chargeable as "absence without leave."
5.31 TRUTHFULNESS. Members and employees are required to be
truthful at all times whether under oath or not.
5.32 PHYSICAL FITNESS FOR DUTY. All members of the Marshal Service
shall maintain good physical condition so they are prepared
for the strenuous physical contacts often required of a law
enforcement officer. All Marshals are subject to
psychological and health evaluations including laboratory
testing for the purpose of determining overall fitness
for duty as a Marshal.
5.33 UNAUTHORIZED ACTIVITIES IN UNIFORM. Officers shall not shop
or trade while on duty nor devote any of their on-duty
time to any activity other than that which relates to
police work. They shall not perform any police duty for
the purpose of private gain.
5.34 OFFICER'S BEARING Officers shall maintain a business-like
bearing and avoid a slouchy, slovenly attitude of mind or
body. They shall not sleep on duty and shall, at all times,
be attentive to their duties.
5.35 REPORTING Members and employees shall promptly submit such
reports as are required by the performance of the duties.
5.36 MEALS Members may go out of service by establishing Marshal
Service procedures for lunch period subject to modification by
5.37 MILITARY COURTESY Officers shall abide by military standards
5.38 NATIONAL COLORS AND ANTHEM. Uniformed members will render
full military honors to the national colors and anthem at
5.39 PROHIBITED ACTIVITY ON DUTY. Any member or employee of the
Marshal service shall be made the subject of charges and
action for suspension, demotion or dismissal as provided for
committing any of the following offenses while on duty
and certain violations while off duty;
A. Commission of a major crime or misdemeanor involving
dishonesty under the Federal, State and Tribal laws.
B. Indulgence in narcotics or drugs without
C. Conduct unbecoming an officer or employee or
conduct which might be detrimental to the
D. Accepting or soliciting a bribe.
E. Aiding a prisoner to escape.
F. Immorality which would tend to bring discredit
on the integrity of the Cherokee Nation Marshal
G. Appropriating any lost, found or stolen Marshal
Service or evidence property to his own use or
H. Feigning sickness or injury to escape duty.
I. Rough or careless handling or losing tribal
J. Using intoxicants in violations of
Marshal Service orders.
K. Neglect of duty.
L. Absence from duty without leave
M. Willful mistreatment of a prisoner
N. Falsification of reports, records or communications.
O. Improper political activity
P. Any other act or omission contrary to good order and
discipline of the Marshal Service.
5.40 LOITERING. All members on duty or in uniform shall not enter
taverns, theaters or other public places except to perform a
5.41 ALCOHOL OR ILLEGAL SUBSTANCES OR NON-PRESCRIBED. No
officer in uniform shall drink any alcoholic beverage. No
officer in plain clothes shall drink any alcoholic beverage
while on duty, except when necessary in the performance of
duty. No member of the Marshal Service will appear for or be
on duty under the influence of liquor or drugs or be unfit for
duty because of their excessive use.
5.42 INTOXICATION. Marshals and employees shall not at any time be
intoxicated while on duty, nor at any time, on or off duty,
bring discredit upon the CNMS due to the consumption of
5.43 INTOXICANTS ON PREMISES OR IN VEHICLES. Marshals and
employees shall not bring into or keep any intoxicating
liquor on Marshal Service premises or in vehicles except
when necessary in the performance of a police task.
5.44 DRUG AND PHYSICAL FITNESS TESTING. All Marshals are
subject to periodic or random drug testing and physical
fitness testing in accordance with the accepted HRPPCN
standards for conducting such testing or at the discretion
of the Marshal.
5.45 CRITICISM OF OFFICERS. Marshals and supporting staff of the
Marshal Service shall conduct themselves in a manner that
will foster the greatest harmony and cooperation between each
5.46 CRITICISM OF ORDERS. Marshals and employees of the Marshal
Service shall not speak derogatorily regarding the orders or
instructions issued by any senior officer. However, in any
case where there is sound reason to believe that such orders
or instructions are inconsistent or unjust, it is the right
of any Marshal or employee receiving same order to
respectfully call it to the attention of the Marshal issuing
5.47 SMOKING. All Marshals will abide by HRPPCN rules which
excludes all tobacco use inside Cherokee Nation buildings
5.48 ADDRESS AND TELEPHONE NUMBERS. Marshals and employees shall
record their correct residence address and telephone number
with the Marshal Service. Marshals and employees are
required to have telephones in the place where they reside.
Changes in address or telephone numbers shall be reported
to the Marshal Service within 24 hours of the change. This
shall be done in writing and within the specified time
whether the Marshal or employee is working or on leave.
5.49 MARITAL STATUS. Marshals and employees shall report to the
Marshal Service changes in their marital status such as
marriages, divorce, and deaths of dependents within 24
5.50 INSIGNIA WHEN WORN. Insignia or Fraternal organizations and
associations may be worn upon rings on the hand and shall in
no instance be placed upon the uniform itself. Pins denoting
memberships in police organizations or those in recognition
of service in the armed forces are not to be worn unless approved
and authorized by the Marshal. Pins of any federal
organizations, associations or police organizations shall not be
worn upon civilian clothing when appearing in any court
trial or proceedings.
5.51 ATTORNEYS AND BAIL BONDSMAN - RECOMMENDING. Members of the
Marshal Service shall not recommend to any prisoner or
any other person the employment of any person as
attorney or counsel or suggest the name of any bail
bondsman, either directly or indirectly.
5.52 UNAUTHORIZED DISCLOSURE OF POLICE INFORMATION. Contents of any
criminal record shall not be exhibited or divulged to
any person, other than during the process of an investigation, or to
another fully authorized police officer or under due
process of law, except as directed by a supervising officer. No
employee shall permit the misuse of any police information either
in his own interest or of another. Nothing in this
section shall be construed to interfere with release to the press
and radio by properly informed supervisors of the
Marshal Service in facts in connection with daily
police activities and in compliance with Cherokee Nation
5.53 RECORD INFORMATION USE. Marshals or employees shall not
obtain or attempt to obtain any information from the Marshal Service
files or reports other than that to which they are entitled in
accordance with their official interest therein. They
shall not use for their own private purpose, information received or
acquired during the course or employment or duty.
5.54 DIVULGING POLICE INFORMATION. Marshals and personnel shall
not make known any proposed changes, assignments or
special assignments of the force without permission.
5.55 UNIFORMS AND EQUIPMENT-WEARING OF UNIFORMS. All Marshals shall
own and maintain in good order a regulation uniform. All articles of
the uniform shall conform to Marshal Service uniform
regulations. All officers shall wear the uniform or clothing
commensurate with their rank and assignment as directed by the
Supervisor. Civilian clothing will not be worn with any
distinguishable part of the uniform. All Marshals regardless of
rank, shall wear the prescribed uniform and equipment during
their tour of duty except those who are permitted to wear civilian
clothing when so directed by the Supervisor.
5.56 APPEARANCE ON DUTY. Marshals shall be neat and clean in
appearance when on duty and whether on or off duty, will be subject
to the same regulations governing their actions and
conduct. Whether on or off duty, Marshals shall not wear
a part of the complete prescribed uniform.
5.57 ADDITIONAL STANDARDS OF APPEARANCE. A neat haircut must be
worn at all times. The supervisor has the discretion to
prescribe such reasonable standards as he or she deems
necessary. Common sense and discretion is expected of
5.58 REMOVING PARTS OF UNIFORM. When assigned to office duty in
headquarters, officers. may remove gun belts.
5.59 CIVILIAN CLOTHING MANNER OF DRESS. The supervisor shall
prescribe the civilian clothing which is accepted to be worn on duty
when appropriate. Common sense and discretion is expected of all
5.60 EOUIPMENT must be clean, in good working order and conform to
Marshal Service specifications.
5.61 BADGE. All marshals shall wear or carry the badge issued
to them. When in uniform, the badge will be worn over the left breast
on the outside of the outermost garment. All marshals shall be
issued two badges.
5.62 IDENTIFICATION OF MEMBERS IN CIVILIAN CLOTHES. Marshals
working in civilian clothes will be prompt to identify
themselves when the need arises. Uniformed officers
should use discretion in recognizing a member in
civilian clothes unless first addressed.
5.63 CARRYING EQUIPMENT OFF DUTY. When off duty, Marshals will
carry o r have in their possession their badge and
identification cards. Marshals may carry a firearm when off
duty, but are expected to exercise discretion and common sense
particularly in another agency's jurisdiction.
5.64 REGISTERING EQUIPMENT WITH THE DEPARTMENT. Marshals are
required to register with the Marshal Service the description and
serial numbers of all firearms they may own or carry. The
firearm must be a quality make, model and .380 or higher
caliber and approved by the Marshal or designee.
5.65 UNIFORM AND EQUIPMENT DAMAGE CLAIM. Any claims for damage to
clothing, equipment and eyeglasses caused by the
performance of duty shall be given to the Operation s
5.66 COMPENSATION FOR OTHER DAMAGES SUSTAINED ON DUTY. Compensation for
damages will follow Administrative Policies of the Cherokee
5.67 COMPENSATION FOR DAMAGES OFF DUTY. Marshals and employees
who have received paid leave from the Cherokee Nation Marshal
Service for an illness or injury sustained off duty shall notify the
5.68 INSPECTION OF UNIFORM AND EOUIPMENT. The following shall
(a) The members of the Marshal Service may expec t a
full dress inspection by the Supervisor at
(b) Supervisors may conduct daily inspections to
insure that the prescribed articles of uniform and
equipment are present and in clean,
serviceable condition, and that they are being
worn in proper manner.
5.69 FIREARMS-DISPLAY OF WHEN PROHIBITED. Marshals shall exercise
the utmost care and caution in the use of firearms at
all times and shall not needlessly display or carelessly
handle any firearms in any police building or public place.
(a) Employees are specifically prohibited from engaging
in any form of "dry" shooting in any police
building or public place, except as part of a
training course under supervision. This term is
meant to include any form of aiming or trigger pull
practice, or the snapping of the hammer under any
(b) The loading or unloading of shotguns (when
necessary) shall be accomplished outside the
5.70 PROPERTY AND EQUIPMENT. Marshals and employees are
responsible for the proper care of Marshal Service property and
equipment assigned to them. Damage or lost property may
subject the responsible individual to reimbursement charges
and appropriate disciplinary action.
5.71 DAMAGED-INOPERATIVE PROPERTY OR EQUIPMENT. Marshals and
employees shall immediately report to their supervisors on a
designated form, loss or damage to Marshal Service
property assigned to or used by them. The immediate supervisor will
be notified of any defects or hazardous conditions existing
in any Marshal Service equipment or property.
5.72 MANUAL MAINTENANCE. All Marshals and employees issued
manuals are responsible for their maintenance and will make
appropriate changes or inserts as they arise.
5.73 SURRENDER OF DEPARTMENT PROPERTY. Marshals and employees
are required to surrender all Marshal Service property in
their possession upon separation from the service or
when directed by the Marshal or designee. Failure to
return non-expendable items may result in a disciplinary action or
cause the person to reimburse the Marshal Service for the fair market
value of the article.
5.74 MARSHAL SERVICE VEHICLES-USE. Marshals shall not use any
Marshal Service vehicles under any circumstances, except when
authorized by the Marshal or designee, for personal business or
5.75 TRANSPORTING CITIZENS in Marshal Service vehicles shall
only occur when necessary to accomplish a police purpose. Such
transportation will be done in conformance with Marshal Service policy
or at the discretion of the Marshal.
5.76 REPORTING ACCIDENTS. Accidents involving Marshal Service
personnel, property and/or equipment must be reported in
accordance with HRPPCN rules.
5.77 PRESUMPTION OF RESPONSIBILITY. In the event Cherokee Nation
Marshal Service property is found bearing evidence of damage
which has not been reported, it shall be prima facie
evidence the last person using the property or vehicle was
5.78 CNMS VEHICLES-KEYS. Marshals are required to remove keys
and lock vehicles.
5.79 DEPARTMENT VEHICLES-SAFE OPERATION. Marshals, when driving
vehicles of the Cherokee Nation, must not violate the rules of the
road or traffic regulations, except in case of
absolute emergency or as directed in the Oklahoma Vehicle
Code. They must observe the strictest care and precaution
in so doing, and must observe that the automobile
equipment be operated with extreme care to its greatest
efficiency at all times.
5.80 FORWARDING COMMUNICATIONS TO HIGHER COMMANDS. Any Marshal
or employee receiving a written communication for transmission to a
higher command shall in every case forward such communication.
5.81 ADDRESS-PRIVATE USE. Marshals and employees shall not use
the Marshal Service as a mailing address for private purposes. The
Marshal Service address shall not be used on any motor
vehicle registration not registered to Cherokee Nation
or operator's license.
5.82 TELEPHONE. The use of Marshal Service telephones for personal
business is strongly discouraged.
5.83 RADIO DISCIPLINE. All Marshals operating the police radio
either from a mobile unit or in the communications section
shall strictly observe regulations for such operations as set
forth in Marshal Service orders and by the Federal
Communications Commission and OLETS.
5.84 BUSINESS AND PERSONAL CARDS. Business and personal cards
which refer to the Marshal Service shall be used by Marshals only
in connection with official business and shall conform to
the approved Marshal Service form.
5.85 ACTS/STATEMENTS-BY MARSHALS. Marshals shall not perform
any act or make any statements oral or written for publication or
otherwise which tend to bring the Marshal Service or
its administrative officers into disrepute or ridicule.
5.86 INFORMATION-MISUSE OF. No Marshal or employee shall knowingly
permit the misuse of any police information, either in his own
interest or that of another person.
5.87 FALSE REPORTS OR STATEMENTS. No Marshal or employee of the
Marshal Service shall make false official reports or
statements, either verbal or written or knowingly enter or
cause to be entered in any Marshal Service books, records, or reports,
any inaccurate, false or improper police information.
5.88 DUTY-COMMUNICATIONS-MAINTENANCE OF. Marshals on duty, or when
officially on call, shall be directly available by
normal communication or shall keep this office or
supervisor informed by the means by which they may be
reached when not immediately available.
5.89 SUBVERSIVE ORGANIZATIONS. No member or employee shall
knowingly become a member or become connected with any
subversive organization, except when necessary in the
performance of duty and then only under the direction of
5.90 PERSONAL PREFERMENT. No marshal or support staff may seek the
influence or intervention of any person outside the
Marshal Service for purposes of personal preferment,
advantage, transfer or advancement.
5.91 PUBLIC ACTIVITIES-PUBLICITY. Marshals and support staff shall
not seek personal publicity in the course of their employment.
5.92 PUBLIC APPEARANCE REQUESTS for speeches, demonstrations, etc.,
will be routed to the Supervisor during business hours, for
approval and processing.
PRIMARY LAW ENFORCEMENT FUNCTIONS
6.0 LIMITATION ON THE USE OF FORCE. Marshals use only the force
necessary to accomplish lawful objectives.
6.1 CRITERIA FOR THE USE OF DEADLY FORCE. Marshals may use deadly
force only when he or she reasonably believes that the action
is in defense of human life or in defense of any person in
immediate danger of serious physical injury, including the
6.2 WARNING SHOTS. Marshals are not authorized to use warning
6.3 USE OF LESS THAN LETHAL WEAPONS. Marshals use of authorized
less-than-lethal weapons is in a manner that is consistent
with use of force policies.
6.4 MEDICAL AID. The Marshals ensures that appropriate medical aid
is rendered after use of lethal and less-than-lethal weapons.
6.5 WRITTEN REPORT OF USE OF FORCE. Marshals submit a written
report whenever he or she:
A. Discharges a firearm, for other than training,
B. Takes an action that results in, or is alleged to have
resulted in, injury or death of another person,
C. Applies force through the use of lethal or less than-
lethal weapons, or
D. Applies physical force.
6.6 DISSEMINATION OF USE OF FORCE REPORT. A use of force report
will be submitted following every instance where force has
6.7 REMOVAL FROM DUTY FOLLOWING USE OF FORCE. Marshals will be
placed on administrative leave pending review, when their
actions or use of force results in a death. It will be at the
discretion of the supervisor to determine fitness for duty
following any use of force incident.
6.8 COMPLIANCE WITH CONSTITUTIONAL PROTECTIONS OF SUSPECTS. The
Marshal requires that Marshals comply with all applicable
6.9 ARREST PROCEDURES. Any arrest, made with or without a
warrant, will adhere to Tribal, Federal or State law.
6.10 EXECUTUTION OF CRIMINAL PROCESS. Marshals will honor all
valid Tribal, Federal or applicable State court orders.
6.11 RECORDING OF ARREST INFORMATION. The following is the
criteria for recording arrest information, but is not limited
A. Preparing reports
D. Book-in Sheets
6.12 RECORDS OF WARRANTS AND WANTED PERSONS. The warrants and
wanted persons will be verified through NCIC and followed up
by verificaton with the submitting agency.
6.13 FIELD INTERVIEWS. The purpose of a Field Interview is to
assist in the investigation and prevention of a crime. A Field
Interview will be conducted when the behavior of an individual
creates reasonable suspicion that criminal activity has
occurred or is about to occur.
6.14 RESPONSE TO EMERGENCY CALLS. Marshals responding to emergency
calls shall activate emergency lights and sirens. Marshals
will respond using reasonable and proper driving techniques,
including ensuring that the intersections are clear of any and
6.15 NOTIFICATIONS. Marshals will make proper notification of
damages and power outages to the appropriate departments and
6.16 PRIVATE SECURITY ALARMS. Marshals dispatched to private
security alarms will verify the grounds or buildings are free
of disturbance or damage, and make proper notification to
6.17 SEARCH OF PRISONERS PRIOR TO TRANSPORT. Transporting Marshals
shall search prisoners before transporting them for weapons or
illegal contraband. Any weapons or contrband seized shall be
submitted into evidence upon the time of book-in.
6.18 SEARCH OF VEHICLES ASSOCIATED WITH TRANSPORT. All Marshals
will inspect vehicle after each and every transport of a
suspect for weapons, contrband, or any other paraphanelia.
6.19 SUPERVISION OF PRISONERS DURING TRANSPORT. No Marshal shall
transport more than two prisoners at a time. When it is
necessary to transport more than one prisoner at a time,
Marshals shall utilize both hand and feet restraints.
6.20 ESCAPE. Transporting Marshal shall notify Dispatch
immediately, giving location and requesting assistance.
Marshal shall pursue in a safe and prudent manner. Marshal
shall prepare a written after action report of the incident.
6.21 NOTIFICATION TO COURT OF A SECURITY RISK. The transporting
Marshal will advise the court of any security risk prisoner
attending a court proceeding.
6.22 COMMUNICABLE DISEASES. Marshals transporting a prisoner with
possible communicable diseases shall utilize proper safety
items(i.e. gloves, and spit hoods). All Marshals shall
properly sanitize vehicle, equipment and themselves.
6.23 SEARCH AND SEIZURE. Marshals shall search and seize without a
warrant in the following situations.
A. Search by consent,
B. Stop and frisk of an individual under circumstances where
the officer has articulable reasons to fear for his/ her
C. Search of a vehicle under a movable vehicle exception,
D. At the scene of a crime,
E. Exigent circumstances, as where the public safety is
F. Inventory searches of seized vehicles or other property,
G. Other situations authorized by federal and/or tribal
6.24 CHAIN OF CUSTODY OR EVIDENCE. Evidence will be submitted in a
proper and timely manner in accordance with the evidence
6.25 CRIME SCENE PROCESSING. The primary Investigator of a crime
scene will use techniques established in an accreditted
criminal investigators academy. Processing will include but is
not limited to the following.
A. Recovery of latent fingerprints,
C. Sketch of the scene,
D. Collection and preservation of physical evidence,
E. Accident investigation,
F. Access to appropriate personnel, equipment, and supplies,
G. Written reports and documentation are required.
6.26 TRANSFER OF EVIDENCE TO FORENSIC LABORATORY. Marshals are
required to prepare the proper evidence submital forms when
submitting evidence to a forensic laboratory. The evidence
submission may include the following but is not limited to:
A. Identification of the person responsible for submitting the
B. Approved methods for packaging and transmitting evidence to
C. Types of documentation to accompany evidence when
D. Receipts to ensure maintenance of chain of evidence, and
E. Stipulation that laboratory results be submitted in
6.27 MISSING AND WANTED PERSONS. A Marshal taking a report of a
missing person will take a detailed description of the person
and the circumstance upon which they are missing. The
following is the minimum procedures for handling missing
A. Initial description and information to be gathered,
B. Dissemination of collected information,
C. Entry of the information in the appropriate criminal
justice information system,
D. Removal of the information from the criminal justice
E. Follow-up contact with the reporting persons,
F. Follow-up investigation and search, and
G. Any special procedures applicable to juveniles.
6.28 REPORTING SYSTEM. The Marshal Service utilizes the Uniformed
Crime Report for the reporting of offenses. Additional forms
for supplemental offenses and other incidents are provided by
the Marshal Service and shall be utilized by all Marshals.
6.29 CASE NUMBERING SYSTEM. Case numbers are assigned to the UCR to
provide the month, year, county and the numerical sequence of
the case. Marshals will obtain the corresponding case number
6.30 SUBMISSION OR CRIMINAL DATA. The Marshal Service submits an
annual criminal data report to the Bureau of Indian Affairs.
6.31 COMMAND OF SCENE. At the scene of any crime, accident or
other incident the first Marshal on the scene shall assume
command and direction of police personnel in a manner to
assure the most orderly and efficient accomplishment of the
task. The first Marshal on the scene will remain in command
until relieved of that responsibility by another officer.
6.32 GENERAL RESPONSIBILITIES OF MARSHALS AT CRIME SCENES. The
first Marshal to arrive at the scene of a crime or other
police incident is responsible for the following actions as they may
apply to the situation:
A. Summoning of medical assistance and the
administration of first aid as required to prevent
further injury or loss of life.
B. Arrest of violator(s)
C. Security of the scene
D. Request proper police personnel to insure
that appropriate action is pursued.
6.33 RESPONSIBILITIES OF ASSIGNED MEMBER AT CRIME SCENE. The
Marshals officially assigned to perform the preliminary or
other investigation of an alleged crime or other incident are
responsible for the integrity of the scene. This shall
include but not necessarily be limited to the securing
of statements and other information which aid in the
successful completing of the investigation and locating,
collecting and preserving physical evidence material to
6.34 IDENTIFICATION AS POLICE OFFICER. All Marshals and support
staff of the Marshal Service shall give all proper information
carefully, courteously and accurately upon request.
6.35 ARRESTS. In making arrests, Marshals shall strictly observe
the following provisions:
A. While some risk is involved in police serv ice,
Marshals shall not unnecessarily risk their lives in
apprehending and investigating criminal offenders. Since one of
their purposes is to apprehend offenders, Marshals shall call
for assistance when it appears unlikely that they will be able to
effect arrest without such assistance.
B. Marshals shall not use unnecessary force or violence
in making an arrest or in dealing with a prisoner or
C. The arresting officer is responsible for the safety
and protection of the arrested person while in his custody. He
shall notify his supervisor of any injury, apparent
illness, or other condition which indicates the arrested person
may need special care.
D. The arresting officer is responsible for the security
of personal property in the possession of the
arrested person or under his control at the time of arrest.
6.36 COMPROMISING CRIMINAL CASES. Marshals and supporting staff
shall not interfere with the proper administration of criminal
A. They shall not attempt to interrupt legal process
except where a manifest injustice might otherwise
occur, not participate in or be concerned with any activity
which might interfere with the process of law.
B. Except in the interest of justice and with prior
approval of a supervisor, they shall not attempt to have any
traffic citation, notice to appear or criminal case
reduced, voided or stricken from the record.
C. Any Marshal or support staff having knowledge of
such action and failing to inform his supervisor shall
be subject to disciplinary action.
6.37 RESPONSIBILITY OF ALL OFFICERS. The special delegation of the
enforcement of certain laws to particular divisions or other units
does not relieve Marshals of the responsibility of
taking prompt and proper action relative to violations of
other laws observed by them or coming to their attention.
6.38 NEIGHBORHOOD DISPUTES. Officers shall not intentionally become
involved in neighborhood quarrels or disputes when off duty. These
disputes should be handled by disinterested persons and the officers
on duty should be called when necessary.
6.39 ARREST IN PERSONAL QUARRELS. Officers of the Marshal Service
shall not make arrests in their own quarrels or those of their families
except under grave circumstances that would justify them in using
measures of self-defense; nor shall they apply for a warrant for
an assault upon themselves, or make a complaint for
damages, or adjust same without reporting the case in
writing though the office of the Captain for his review
6.40 ASSISTING CRIMINALS. Marshals and staff support shall not
communicate in any manner, directly or indirectly, any
information which might assist persons guilty of criminal or quasi-
criminal acts to escape arrest or punishment or which may
enable them to dispose of evidence of unlawful activity or money,
merchandise, or other property unlawfully obtained.
6.41 WITHHOLDING CRIMINAL INFORMATION. Marshals receiving or
possessing facts or information relative to a criminal offense or case
shall not retain such information through ulterior motives
or desire for personal credit, but shall report the facts
USE OF FORCE
7.0 USE OF FORCE. Marshals use only the force which is reasonably
necessary to achieve lawful objectives, defend themselves or
others from physical harm, and overcome resistance to lawful
arrest. Marshals should make decisions to use force in light
of their F.L.E.T.C. or C.L.E.E.T. training and this policy.
7.1 RESPONSE TO CONFRONTATIONAL BEHAVIOR. Most physical
confrontations are situations where Marshals must respond to
rapidly changing factors. Generally, force consists of
several areas of response to the behavior of the subject with
whom the Marshal is interacting, any of which may be
appropriate, depending upon the circumstances. The following
array of responses are authorized to be used in accordance
with F.L.E.T.C. and C.L.E.E.T. training and the Use of Force
Model which shows when the responses are appropriate:
A. Verbal Warnings, Physical Directions and Commands: The
of verbal warnings and commands to gain voluntary
compliance from individuals. This may include using
command presence to control the situation, reasoning or
an authoritative approach.
B. Assistance From Other Marshals: When circumstances
Marshals may choose to defer actions in confrontational
situations until sufficient manpower arrives to deal
with the problem.
C. Escort Positions: Escort positions are touching or
grasping an individual’s arm, shoulder or back to
physically lead the person into voluntary compliance
with the direction of the Marshal. This does not include
joint locks, pain compliance techniques or other
physical force beyond a slight grasp or non-forceful
touch. Escort positions may be used where the Marshal
reasonably believes the subject will comply without
violence or other confrontational behavior.
D. Display of Less Than Lethal Weapons: Marshals may
their issued less than lethal weapons, such as the ASP
or O.C. Spray, when the Marshal feels that such display
may diminish aggressive actions in the given situation.
E. O.C. Spray: O.C. Spray may be used to control
aggressive,assaultive or combative subjects. The
subject should be warned that compliance is required to
avoid use of the spray and given an opportunity to
comply. O.C. spray could be used before physical force
beyond mere handcuffing or escort positions are applied.
F. Compliance Techniques: Compliance techniques such as arm
locks, wrist-locks and pressure points, which use pain
compliance with little chance of physical injury.
G. Balance Displacement: Balance displacement is less
active than a take-down, but still uses a minor amount
of physical force, without striking or punching, by
using balance to secure a mildly resisting person.
H. Take Down Maneuvers: These maneuvers include striking
nerve centers and major muscle masses by empty hand
strikes, pushes or kicks to the major muscle masses like
the thigh or forearm or to the motor points including
the rear of the knee and the inside of the elbow.
I. Baton Techniques: These techniques include restraint
holds such as lockup maneuvers to the arms or wrists and
are defensive tactics used by the Marshal in fending off
an attack and striking techniques to motor points or
center body mass to stop an attacker’s delivery system
or to neutralize an attack.
J. Striking Structural Areas: This tactic refers to
punches, kicks and strikes to the subject’s face, torso
or joint areas. There is a much greater chance of injury
than with other techniques, but such may become
necessary to defend against express aggression.
7.2 DISPLAY OF FIREARMS. Certified Marshals trained and approved
to carry their firearms, and have obtained weapons training
and qualification, may display firearms when:
1. The Marshal has a reasonable belief that immediate
danger of serious physical harm may exist;
2. The Marshal has a reasonable suspicion that an
offender may be armed with a deadly weapon;
3. A Marshal is otherwise authorized to use deadly
7.3. FIREAREMS-WEAPONS-STORAGE OF. Officers shall not place or
store any firearms in the Marshal Service Office except
when the place of storage is locked, or when under the
custody and control of another employee.
7.4. FIREARMS-RESTRICTIONS. Officers shall not lend, give, or sell
any firearms to any person(s) who do not have a legal right
to possess such firearms. No department owned firearm will
be loaned to anyone except in the performance of official
Marshal Service duty.
7.5 FIREARMS-LOSS OF-FILE REPORT. Officers shall file a written
report with the Supervisor immediately following the loss or other
disposition of regulation firearms and shall list a complete
description, including the serial numbers. Reports
concerning the loss of a regulation firearms shall include all
facts surrounding the loss.
7.6. FIREARMS-CLEANING OR LOADING-RESTRICTIONS. When it is
absolutely necessary to clean, load, or unload handguns or
other firearms within the Marshal Service building, extreme
caution shall be exercised. In the event of an
accidental discharge, the responsible employee shall be
subject to disciplinary action including up to dismissal or
7.7 O N - DUTY FIREARMS. Officers may only carry weapons which are
approved by the Marshal or designee. The Marshal or
designee shall issue appropriate general orders to
prescribe the appropriate weapon to be carried.
Ballistics of on-duty weapon shall not be below that of a
.38, and barrel shall be at least 4 inches in length.
7.8 OFF-DUTY FIREARMS. Officers may carry a pistol or revolver
of his choice. Such weapon shall be of the same standards of
those approved for on-duty carry and approved by the Marshal
7.9 WARNING SHOTS. It is the policy of the Marshal Service that
warning shots will not be fired.
7.10 USE OF FORCE MODEL: Marshals are authorized and empowered to
use necessary force as allowed by this policy, their
F.L.E.T.C. and C.L.E.E.T. training and the Use of Force Model.
Marshals will be held responsible for their own actions and
the actions of all Marshals under their supervision in
situations where force is used.
A. Marshals may use a higher degree of force than that
shown on the otherwise applicable level of the use of
force model due to the following circumstances:
1. When there is more than a single offender or there
are bystanders or companions who may intervene or
interfere in the situation;
2. When there is possible involvement of drugs or
alcohol and where the mental capacity of the
offender escalates the level of hostility and
aggressiveness toward the Marshal or other innocent
3. A weapon is present and not under the Marshal’s
4. Injury, physiological capability or substantial
age, gender or size differential which may work to
the disadvantage of the Marshal;
5. Back-up or assistance is unavailable from other
Officers,or there are time constraints, such as the
need for immediate protection of a third party, or
when the Marshal is required to make an immediate
6. The assailant has a known history of violent
7. Other unusual circumstances or factors beyond the
Marshal’s control introduce a higher than normal
degree of risk to the Marshal or others, if the
model were followed.
7.11 PROGRESSIVE USE OF FORCE. Progressive force refers to the
escalation of force used by a Marshal in order to control a
situation, from minimum force to maximum force. The minimum
allowed level of force necessary for a Marshal to gain control
of a situation should be used, but force may progress upward
as needed to gain control.
7.12 LESS THAN LETHAL WEAPONS: All Marshals will be trained in the
use of less than lethal weapons prior to issuance or use of
A. Less than lethal weapons may be used only as allowed by
this policy. Marshals must comply with Standard
Operating Procedure when using O.C. Spray.
B. Except in extreme emergencies, any weapon which is not
authorized or for which training is not provided should
not be employed in use of force situations.
C. When less than lethal force is utilized, Marshals will
ensure that individuals receive the appropriate level of
medical attention, depending on the nature and extent of
the injury or the alleged injuries received.
7.13 DEADLY FORCE: Marshals are authorized to use deadly force
only when one or both of the following requirements exist:
A. To protect themselves or others when the Marshal has
reason to believe that there is immediate danger of
death or serious bodily harm and use of deadly force is
reasonable to protect themselves or others;
B. To prevent the escape of a fleeing felon when the
has probable cause to believe both:
1. The subject has committed a felony involving the
infliction or threatened infliction of serious
physical injury or death; and
2. The subject’s escape would pose an imminent danger
of death or serious physical harm to Marshals or
3. An officer may not use deadly force to effect
the arrest or prevent the escape of a person who
has committed a minor crime. This restriction does
not infringe upon an officer's right of self -
defense should he be attacked.
4. The rules pertaining to self defense are
equally applicable to juveniles. As a
suspect juveniles can never be considered
less dangerous merely because of his youth.
C. Use of such items as metal flashlights as a weapon is
considered deadly force. Marshals may use metal
flashlights as weapons only in those cases where the use
of deadly force is justified.
D. This policy is not to be construed as requiring Marshals
to assume unreasonable risks. In assessing the need to
use deadly force, the paramount consideration should
always be the safety of Marshals and the public. Safely
retreating from a situation where one’s own life is in
danger is an option.
E. Marshals may not consider a collision involving the
vehicle they occupy as justifying use of deadly force
unless intent to seriously injure the Marshal is
7.14 VERBAL WARNINGS. If feasible, and if to do so would not
increase the danger to Marshals or others, a verbal warning to
submit to the authority of the Marshal will be given prior to
the use of deadly force.
7.15 IMMEDIATE DANGER. A subject poses an immediate danger even if
not pointing a weapon at a Marshal if a Marshal has probable
cause to believe any of the following:
A. The subject possesses a weapon or is attempting to gain
access to a weapon and is indicating an intention to use
it against Marshals or others;
B. The subject is armed and running to escape or gain the
tactical advantage of cover with a probable intention of
inflicting death or serious physical injury on the
Marshal or others;
C. The subject, armed or unarmed, has the capability of
inflicting death or serious physical injury, or
otherwise incapacitating Marshals or others, and is
demonstrating an intention to do so.
7.16 ABSENCE OF A SAFE ALTERNATIVE. Marshals are not required to
use or consider alternatives that increase danger to
themselves or others. If a safe alternative to the use of
deadly force is likely to avert an imminent danger, deadly
force is not necessary. Among the factors affecting the
ability of Marshals to safely seize a suspect, or otherwise
avoid the use of deadly force, the following are relevant:
A. Response to Commands. Verbal warnings prior to using
deadly force are required when feasible, meaning to do
so would not significantly increase the danger to
Marshals or others. While compliance with commands may
make the use of force unnecessary, ignoring such
commands may present Marshals with no safe option.
B. Availability of Cover. Availability of cover provides a
tactical advantage. An armed suspect attempting to gain
a position of cover may increase the probability of
deadly force, whereas a Marshal or officer with cover
may gain additional time to assess the need to use
deadly force without incurring significant additional
C. Time Constraints. Situations where deadly force is
possible often require a split second decision, where
Marshals must assess the nature and imminence of a
7.17 USE OF FIREARMS. Marshals may discharge their firearms only
under the following circumstances:
A. When permissible as a use of deadly force;
B. To kill a dangerous animal or an animal so seriously
injured that humane considerations require an immediate
end to further suffering;
C. For firearms training, practice or qualification;
Firearms may not be discharged when one of the above is not
and Marshals will not discharge a firearm where there is a
likelihood that an innocent party may be struck.
7.18 FIREARMS RESTRICTIONS. Marshals will adhere to the following
restrictions regarding the use of firearms:
A. Marshals are not to unholster their weapons unless it is
necessary for inspection, safety, security or for use as
authorized by this directive;
B. Marshals may fire their weapons from a moving vehicle
only if being fired upon or as a last resort when
probable cause exists to believe such use of force is
necessary to prevent the danger of death or serious
bodily harm, considering that:
1. Firing at or from a moving vehicle, will under most
circumstances, create a greater threat to innocent
lives than allowing the violent felon to escape;
2. The presence of human occupants of a vehicle must
be considered before firing at a moving vehicle.
Innocent lives must never needlessly be placed in
7.19 PROCEDURE WHEN SHOTS HAVE BEEN FIRED. Whenever a Marshal
discharges any firearm, either accidentally or intentionally,
in any situation other than training, the Marshal will:
A. Immediately determine if any individual has been
struck by the rounds fired, determine the physical
condition of any individual who has been injured, render
any necessary first aid and summon medical personnel if
B. Secure the incident scene and request the presence
of a supervisor;
C. Prior to going off duty after the incident, submit a
7.20 SUPERVISOR RESPONSIBILITIES WHEN SHOTS ARE FIRED:
A. The Supervisor will immediately respond to
the scene of a shooting incident and will assume primary
responsibility for caring for those involved.
B. The Supervisor will make appropriate arrangements for
all necessary medical treatment, if such arrangements
have not already been made.
C. In incidents which result in injury or death, the
Supervisor will meet briefly, if possible, with the
involved Marshal(s) and advise the Marshal(s) of the
1. Only preliminary questions will be asked at the
time of the incident. A more detailed debriefing
will take place at a later time;
2. The Marshal(s) will be contacted regarding
investigation of the incident at a later time;
3. The Marshal may, at their own discretion and cost,
seek legal counsel;
4. The Marshal must refrain from discussing details of
the incident with anyone other than the Supervisor,
an attorney, Internal Affairs (I.A.) or the Marshal
Service Investigation Unit (M.S.I.U.)
investigators, a chaplain or member of the clergy
or a mental health professional.
7.21 MEDICAL TREATMENT: When a person is suffering from an injury
requiring treatment, or alleges to have been injured,
appropriate first aid and decontamination procedures will
begin as soon as possible after the person is secured and the
incident scene is safe.
A. If necessary, the person should be sent to a hospital
for examination. An ambulance should be promptly
summoned or the person removed from the area to meet the
ambulance at another location.
B. All injuries, allegations of injury and treatments must
be documented in a written report.
7.22 INVESTIGATIONS, REPORTING, LEAVE AND COUNSELING:
A. The Immediate Supervisor will immediately initiate an
investigation involving the use of physical force. This
investigation will include a search of the immediate
vicinity of the alleged use of force to locate witnesses
or to recover any evidence.
B. Reporting for all Uses of Force. Each Marshal involved
in any incident involving the actual or alleged use of
force or any other action where physical force is used
or injury or death occurs will complete a comprehensive
report, which completely and accurately sets forth all
circumstances surrounding the incident. The report will
be submitted to the Direct Supervisor for review.
C. Review of Use of Force. The first and second line
supervisors will review each incident involving the use
of force. If the supervisors agree the use of force was
justified, then a summary report will be presented to
the Captain or Marshal. If the first and second line
supervisors cannot agree, or if they believe the use of
force was not justified, then the matter will be
presented to the Marshal via the Chain of Command for an
Internal Affairs Investigation. The Internal Affairs
report will be presented to a review board. All
incidents resulting in serious bodily injury or death
will be investigated by Internal Affairs.
D. Deadly Force Reports. The immediate Supervisor has the
responsibility of notifying the Marshal, Captain and
MSIU in all cases where deadly force is used by a
1. Prior to the end of the shift, the Supervisor will
compose a confidential written report directed and
submitted to the Marshal, via the chain of command,
which outlines all actions taken in the
investigation of the incident, including the
Supervisor’s opinion of whether or not the use of
force was in accordance with the provisions of this
2. The Supervisor must also send a copy to the
Internal Affairs Unit. In addition to the review
of the Supervisor, the use of deadly force will be
reviewed by the Marshal, Captain, Internal Affairs
Unit the Marshal Service Review Board. The
Internal Affairs Unit will file and maintain the
D. Criminal Investigations Unit Responsibility. The
Criminal Investigations Unit is responsible for properly
investigating all cases involving the use of deadly
force by a Marshal. Responding investigators will
conduct a crime scene investigation to include
statements from all witnesses, photographing the scene
and collecting evidence.
1. When interviewing persons in such cases,
investigators will ensure that the individual is
fully aware of the purpose for conducting the
2. Responding investigators are authorized to call in
any resources necessary to conduct such
investigations, including technical assistance or
manpower from other law enforcement agencies, such
as the FBI investigators or employees of the
Medical Examiner’s Office.
3. The MSIU Supervisor will be responsible for
submitting a preliminary report on each incident
involving the use of deadly force to the Marshal,
through the chain of command, by 0800 on the day
following the incident.
E. Internal Affairs Responsibility. All use of force
reports presented to Internal Affairs will be submitted
to a review board. In addition to review and file
maintenance for all use of force reports, Internal
Affairs, is responsible for conducting administrative
investigations for all incidents involving the use of
deadly force and other uses of physical, excessive or
unauthorized use of force as assigned.
1. Only the Marshal or Captain can initiate an
Internal Affairs Investigation. Any information
pertaining to an act or alleged act involving the
use of force will be presented to the Dirctor or
Captain before any Internal Affairs Investigation
2. Investigations of use of force may involve any
member of the Marshal Service, inclusive of reserve
Marshals, or any other person.
3. Administrative investigations conducted by Internal
Affairs will be independent of any criminal
investigation or following a criminal
4. Internal Affairs will prepare a written report on
each use of force incident investigated and will
submit their report to the Marshal, Captain, and
the Marshal Service Review Board coordinator within
thirty days following each incident.
F. Witness Reporting Requirements with Excessive Force.
Marshals are required by law to report, to their
immediate supervisor, if they witness another Marshal
using physical force which exceeds the degree of
physical force permitted by law or by the policies and
guidelines of the Marshal’s Office, during an arrest,
taking any person into custody, or in the process of
crowd or riot control.
1. At a minimum, the report required by this section
a. Date, time and place of occurrence;
b. The identity, if known, and description of
c. A description of the events and the force
2. A copy of an arrest report or other similar report
required as a part of a Marshal’s duties can be
substituted for the report required by this
section, as long as it includes the information
specified above. The report must be made in writing
within one day of the occurrence of the use of
3. Any Marshal who uses excessive force in pursuance
of law enforcement duties will be subject to the
same laws of this Nation and/or the State to the
same degree as any other citizen.
4. Any Marshal who fails to report such use of
excessive force in the manner prescribed in this
section, or who knowingly makes materially false
statements which the Marshal does not believe to be
true in any report made pursuant to this section,
upon conviction, will be guilty of a
crime/misdemeanor under tribal/state law.
Additionally, any Marshal Service employee making
false statements may be subject to disciplinary
5. All reports of excessive force will be subject to
administrative and/or criminal investigation and
will be subject to review by the Marshal Service
Review Board for subsequent recommendation to the
G. Confidentiality and Media Policy:
1. Marshals involved in any use of force incident
should not discuss the case with anyone except:
a. Supervisory and investigative personnel
involved in the investigation;
b. The Tribal Prosecutor, US Attorney’s Office
or the District Attorney’s Office;
c. The Marshal’s immediate family, private
attorney, psychologist or clergy member.
2. All other supervisors and members of the office
will be guided by the measures outlined in the
Administrative Public Information Policy.
H. Administrative Leave. When a Marshal is involved in a
use of force incident which results in death or serious
physical injury, the Marshal will be removed from duty
upon completion of the preliminary investigation and
placed on administrative leave for up to eight hours.
The Marshal may remain on administrative duty after the
administrative leave period has ended and/or until the
incident has been reviewed by the Marshal Service Review
1. This action will be taken:
a. To protect the community’s interest when
Marshals may have exceeded the scope of their
authority in the use of force; and
b. To shield the Marshal who has not exceeded
the scope of their authority.
2. Administrative leave will be without loss of pay or
benefits and will not indicate that the Marshal has
3. While on administrative leave the Marshal must
remain available at all times for departmental
interviews and statements regarding the use of
force incident and may be subject to recall to duty
at any time.
4. The Marshal is empowered to change administrative
leave to administrative duty.
I. Review Board. The Marshal Service Review Board will
review all reports of use of force incidents. The review
board will make a finding as to whether the use of force
was appropriate and in accordance with policies and
procedures and will make a confidential recommendation to
1. The review board will be formed and will meet at
the discretion of the Marshal.
2. The review board will evaluate any use of force
involving Marshals in a fact-finding manner. The
board will evaluate the following:
a. The circumstances leading up to the incident;
b. The need for force and the amount of force
used in order to ascertain if the Marshal’s
response was in proportion to the actions of
the offender and other factors;
c. The extent of any injuries to the individuals
d. Whether the force was applied by the Marshal
in a good faith effort to restore order;
c. A review of all investigative reports and
witness statements regarding the incident;
d. Direct testimony, if necessary, from Marshals
J. Evaluation of Use of Force Incidents. At the end of each
calendar year, the Internal Affairs Unit will conduct an
evaluation of all use of force incidents occurring
during the preceding year to determine whether any
policies need revision, any patterns of abuse or
excessive force exist or supplemental training is
required. This written report will be submitted to the
K. Psychological Services. In cases where any person has
been seriously injured or killed as a result of any
action taken by a Marshal, the involved Marshal may be
required to undergo a debriefing with a psychologist.
1. This debriefing will allow the Marshal to express
feelings and deal with the psychological effects of
the incident. The debriefing will not be related to
any investigation of the incident and nothing
discussed will be reported to the Marshal Service
without the consent of the involved Marshal.
2. In cases where a person has been seriously injured
as a result of a use of force, the involved Marshal
may request assistance of any Marshal(s) for peer
a. This is to provide the Marshal with a source
of professional consultation to aid them with
potential moral and ethical aspects of the
b. The contents of any counseling sessions will
be protected by a privileged relationship.
7.23 INSTRUCTION IN USE OF FORCE PROCEDURES:
A. Every Marshal will be issued a copy of this policy and
be instructed on its contents. Marshals will also be
instructed as to the contents of this policy and any
revisions each time they qualify with firearms.
B. Newly hired Marshals will be issued a copy of this
procedure and will be instructed in this procedure by
C. Marshals will qualify in proficiency with their firearm
before they are permitted to carry it in the line of
D. Marshals will sign an acknowledgment form showing that
they have read and understand this policy:
1. Upon initial employment (for newly hired Marshals);
2. Upon publication and distribution of any revision
to this policy after its initial issuance (for all
8.0 THE CRIMINAL INVESTIGATIONS UNIT: The Criminal Investigations
Unit (C.I.U.) is responsible for the investigation and
presentation of evidence for prosecution of criminal cases.
All personnel assigned to the C.I.U. will become familiar with
all aspects of conducting criminal investigations.
8.1 PURPOSE OF THE C.I.U.: To provide investigative personnel with
the necessary procedural guidelines for a complete and
accurate investigation, as well as proper evidence collection
8.2 INITIATING AN INVESTIGATION: The preliminary investigation
begins when the first law enforcement unit arrives at the
scene or makes contact with the complainant or victim and ends
when an arrest is made, or investigative responsibility may be
transferred or otherwise concluded without jeopardizing the
8.3 SUPERVISOR’S ROLE: The role of the C.I.U. supervisor in the
investigation process is very important. The supervisor
A. Assign cases that have the potential for closure;
B. Assign to file those cases that have little or no
potential for closure;
C. Ensure that personnel assigned to conduct each
investigation have the skills, knowledge and abilities
required for the assignment;
D. Encourage mutual cooperation, understanding and
exchange of information among all the Marshal Service
8.4 THE DECISION TO ASSIGN A CASE: For follow-up or to continue an
investigation, is a supervisory decision based in part on the
A. The degree of seriousness of the offense;
B. The presence or absence of solvability factors,
1. Suspect name or identification;
2. Suspect vehicle identification;
3. Any witnesses to the crime;
4. Traceable property;
5. Unique methods used in the crime;
6. Delay in reporting.
7. Investigative workload;
8. Marshal Service’ experience with similar cases.
8.5 PRELIMINARY INVESTIGATIONS. will generally be assigned to a
Marshal on duty. The first Marshal to encounter the
commission of a crime or a crime scene has the following
A. Provide aid to the injured;
B. Preserve the crime scene to protect against loss or
contamination of evidence;
C. Observe and record all conditions, events and remarks;
D. Determine what offense has been committed, if any;
E. Determine the identity of suspects and make arrests, if
arrests can be legally accomplished either at the scene
or through immediate pursuit;
F. Through the dispatcher, furnish other units and Marshals
with descriptions, method and direction of travel, and
other relevant information concerning wanted persons or
G. Obtain complete identification of all witnesses;
H. Contact other units, when necessary, to arrange for
evidence collection and crime scene processing;
I. Identify, locate, interview and obtain written
statements from victims and witnesses, and from
potential suspects, if possible;
J. Accurately and completely record all pertinent
K. Make appropriate N.C.I.C. entries and clearances, if
M. Brief the investigators or other Marshals conducting any
additional investigations of the facts of the case.
N. The initial Marshal should complete a report and turn it
in to their supervisor at the end of their shift. Patrol
supervisors will review reports at the end of their
shift. Late reports will also be submitted for review.
8.6 REQUESTING C.I.U. ASSISTANCE: Marshals should not hesitate to
request assistance and advice from the C.I.U. where
specialization, experience or expertise would benefit their
investigation. Requests for assistance from the C.I.U. will be
made by a patrol supervisor to the C.I.U. supervisor. In the
absence of the patrol supervisor, the assigned Marshal may
make the request directly. Requests for assistance from off
duty investigators will be made by patrol supervisors to the
8.7 INVESTIGATOR’S RESPONSIBILITIES:
A. Crime Scene Call-Outs. The C.I.U. is responsible for
crime scene processing. The investigators are subject to
24 hour call outs.
B. In instances where a case requires immediate attention,
but patrol is experiencing personnel shortages or high
workload demands, the patrol supervisor may request
assistance or refer a preliminary investigation to the
C. Complainant Contact. It will be the assigned
investigator’s responsibility to make an effort to
contact the complainant in every case, when possible,
and to inform them of the following:
1. If an arrest has been made;
2. If lost or stolen property has been recovered;
3. If a suspended case is reactivated or closed by
arrest of a suspect apprehended in another crime.
8.8 CASE FILE MANAGEMENT: Each criminal investigator will maintain
their own individual case folder filing system and will be
held accountable for all cases assigned to them.
A. Supplemental Reports. Additional details of an incident
and progress of an investigation will be completed on a
supplemental report. A supplemental report should be
accurate, clear, concise and contain complete
information of the investigation, including witness or
victim contacts, leads developed, suspects identified,
resources utilized, property recovered and returned and
all actions taken in the investigation of a case.
B. N.C.I.C. Entries. Case investigators are responsible for
notifying dispatch of N.C.I.C. entries and clearances
regarding their assigned cases. All information
contained in N.C.I.C. entries, such as names, dates of
birth, numeric identifiers, physical descriptors and
aliases must be documented in associated reports and
supplementals. Entries must be cleared as soon as
possible after a wanted subject has been arrested,
warrants withdrawn or a missing person or property
located. Documentation of the entries and clearances
must also be included in original reports or
C. Evidence Control. The investigator assigned a case for
follow-up investigation will be responsible for assuring
that evidence requiring analysis is transported to and
from the crime laboratory and that lab returns are filed
with the courts in accordance with department procedure.
The chain of custody of evidence should be kept as
limited as possible.
D. Assigning investigators to crime scenes will be at the
discretion of the C.I.U. supervisor. The following are
the types of cases where the C.I.U. investigators will
typically be called out to the scenes:
1. Homicides and attempted homicides;
2. Questionable deaths;
3. Shootings where Marshal Service personnel are
5. Sexual assaults;
6. Incidents involving serious bodily injury with the
likelihood that death will result;
7. Other major crimes which where a prompt
investigation would most likely result in the
apprehension of a felon or the recovery of a
substantial amount of property;
8. Other crimes or incidents which otherwise require
an immediate response by investigation personnel.
8.9 FOLLOW-UP INVESTIGATIONS OF NON-CRIMINAL CASES: Investigators
assigned to non-criminal cases will be responsible for:
A. Reviewing the case thoroughly;
B. Interviewing complainants, witnesses or other persons
with knowledge of the case;
C. Reviewing the case to see if any criminal activity has
taken place or if the case will be conclusively
classified as civil only;
D. Distributing information to other agencies, if
E. Locating property and returning to the owner;
F. Examining any property involved in a case to determine
if it should be tagged as evidence, released or
G. Other required tasks concerning the case.
8.10 FOLLOW-UP INVESTIGATIONS ON CRIMINAL CASES: Investigators
assigned to criminal cases will be responsible for:
A. Reviewing and analyzing preliminary investigation
B. Recording information obtained during investigations;
C. Reviewing records for investigative leads;
D. Reviewing additional information from other Marshals or
investigators, informants, contacts and other agencies;
E. Interviewing victims and witnesses;
F. Interrogating suspects;
G. Arranging for the dissemination of information such as
teletypes and lookouts;
H. Planning, organizing and conducting searches;
I. Collecting physical evidence;
J. Recovering stolen property;
K. Arranging for the analysis and evaluation of evidence;
L. Reviewing results from laboratory examinations;
M. Identifying and apprehending suspects;
N. Checking suspects’ criminal histories and determining if
suspects meet the habitual criminal criteria;
O. Determining if other crimes may have been committed by
P. Consulting with the District Attorney’s Office in
preparing cases for court presentation and assisting in
Q. Notifying victims and witnesses when their presence is
required in court;
R. Testifying in court;
S. Making additional contacts with victims.
8.11 INFORMATION DEVELOPED AND CASE SOLVABILITY depends on
investigative resources. Examples of resources are as follows:
A. Witnesses, victims and informants;
B. Records, to include those of the Sheriff’s Office,
N.C.I.C., Department of Motor Vehicles, other law
enforcement agencies and non-law enforcement agencies
such as social service agencies;
C. Public utilities, bank, hospital, post office and phone
8.12 BACKGROUND INVESTIGATION SOURCES: Background investigations on
suspects, witnesses, informants and victims may use the
following additional resources:
B. Triple I, Federal Bureau of Investigations and Oklahoma
State Bureau of Investigations;
C. Other resources as needed.
D. All information obtained from a background investigation
which is intelligence oriented should be placed in the
intelligence database and/or in the investigators case
8.13 OTHER INVESTIGATIVE TOOLS:
A. Photo Line-ups. Photographic line-ups may be used by
investigators for the purpose of suspect identification
in follow-up investigations.
B. Photographic line-ups will not be suggestive or
otherwise improper, and will be done in the provided
format. Investigators will remove or conceal any
detention records, identifying numbers, or other police
onformation on the photographs.
C. Photo displays may be made up of mug shots, driver’s
license pictures, regular photographs, and video imaging
D. Black and white, color and laser print photographs are
all appropriate for use in line-ups, however, each line-
up should be comprised of all the same type of
E. Photo line-ups may be used at any time during the
investigation, to include when an individual has been
focused on in an investigation and after the arrest of a
8.14 VIEWING PROCEDURES:
A. The photo line-up will be arranged with a minimum of
six, if possible, individuals of similar appearance.
B. The investigator will provide the victim or witness with
a line-up admonition.
C. If the victim or witness identifies the suspect, the
investigator may obtain a written statement concerning
the identification made.
D. The investigator will have the witness or victim initial
or sign, and note the date and time on the reverse side
of the identified photograph. The investigator will also
sign or initial the back of the identified photograph.
E. Only one line-up will be shown in the situation of
multiple victims or witnesses. The line-up may be shown
to multiple witnesses or victims; however, it will be
shown to only one victim or witness at a time.
F. Identification, remarks or responses will not be made
known to subsequent victims or witnesses viewing the
line-up, but may be recorded in the investigators
G. After an identification is made, the investigator will
process the line-up as evidence and submit the photo
line-up to the evidence custodian for future purposes.
The photographs must be identifiable, and include the
original agency and identification number.
H. The investigator may submit a copy of the line-up to be
included in the case file.
I. Suspects do not have the right to have an attorney
present during a photographic display to a victim or
8.15 PHYSICAL LINE-UPS may be conducted under the same general
rules of photographic line ups, with a few additions:
A. Investigators should attempt to keep the viewing victim
or witness from the sight of persons participating as
subjects in the line-up.
B. When possible, the physical line-up will be video taped.
The tape should include:
1. Close-up views of the subjects’ faces and profiles;
2. Views of the subjects’ bodies;
3. A view of all subjects in the line-up, shown
4. Date, time, location and case number of the line-
5. Name of all persons in attendance;
6. Information regarding the subjects of the line-up,
to include name, date of birth, physical attributes
and their order in the line-up.
C. All persons acting as subjects of the line-up, will do
so only on a voluntary basis.
D. Defense attorneys do not have the right to choose
persons to be fill-in subjects of the line-up. The
investigator should cooperate with reasonable defense
requests concerning the physical line-up.
8.16 FIELD INTERVIEWS are a productive tool and source of
information for the Marshal Service. They should be used only
in the pursuit of legitimate goals of the office and not to
harass any segment of the community. When used properly they
can discourage criminal activity, identify suspects and add
intelligence information to the files of known criminals.
8.17 VICTIM AND WITNESS INTERVIEWS are an important resource for
many criminal investigations.
A. Detailed notes or a recorded tape should be made for
future reference giving time, date, location and persons
B. The trauma and stress to which the victim or witness has
been subjected should be considered and the interview
conducted in such a manner as to reduce stress and
minimize further problems.
C. The age, physical limitations, education and credibility
of the witnesses should also be considered.
8.18 INTEROGATION OF SUSPECTS: In the interrogation of suspects,
Marshals should consider these important points:
A. Interrogations to obtain investigative leads can be very
useful, but all constitutional precautions must be taken
and recorded if the interrogation is to be admissible in
court. Detailed notes or recorded tapes should be made
for future reference and court use giving time, date,
location, persons present, waiver of rights and the
time interrogations begin and end.
B. Statements obtained during an interrogation must not be
based on coercion, promises, delays in arraignment or
deprivation of counsel.
C. In order to use a statement in court, a suspect should
be given Miranda warnings of constitutional rights. The
Marshal or investigator must be able to demonstrate that
the suspect understood those rights and if a waiver was
given, that the waiver was a knowledgeable and
intelligent waiver of those rights.
D. Juvenile victims, witnesses and suspects must be given
the same constitutional protection as adults. For
E. When possible, two investigators will be present during
interviews. At least one will take notes. Tape recorders
may be used at the discretion of the investigator or
F. The assigned Marshal or investigator will be responsible
for conducting interviews. The assigned Marshal or
investigator or the supervisor may delegate the
responsibility to conduct an interview to another
investigator if necessary.
G. Following an interview, a supplemental report will be
made as soon as possible detailing the results of the
interview. The investigator may keep copies for official
use in the working file.
8.19 INVESTIGATIVE CHECKLISTS: The original report taken by a
Marshal normally serves as a satisfactory checklist in most
A. Informants. The use of informants is often a necessary
tool in fighting crime, and is a judicially recognized
source of information. Investigators are encouraged to
B. Surveillance. The clandestine observation of persons,
vehicles, places or objects, including electronic means,
to obtain information concerning the activities and
identities of individuals can be an important
C. Task Forces. When necessary a task force may be formed
within the C.I.U. These task forces may include members
from other task forces as well as patrol Marshals and
other persons from outside agencies.
1. The C.I.U. supervisor will be responsible for task
force formation or membership and may appoint a
task force case agent with the approval of the
2. After execution, any necessary follow-ups and
reports should be completed and a task force
evaluation should be completed by task force
8.20 HABITUAL OFFENDER TRACKING: Methods used to track habitual
criminals can be effective tools for investigations.
A. Career criminals are defined as persons that have
committed five or more felony offenses.
B. Case numbers are given for each report filed in
reference to each offense, including cases where the
subject is the victim, reporting party or witness.
8.20 VICE, DRUGS AND ORGANIZED CRIME: The Marshal Service will
provide direction and control in all vice, drugs and organized
crime prevention activities. If special operations are to be
held within other jurisdictions, if possible, all agencies
within those jurisdictions will be notified.
8.21 VICE, DRUGS AND ORGANIZED CRIME CONTROL: The vice, drugs and
organized crime control function is the responsibility of the
Criminal Investigations Unit (C.I.U.).
8.22 C.I.U. SUPERVISOR RESPONSIBILITY: The C.I.U. Supervisor will
have primary responsibility for activities concerning vice,
drug and organized crime control. Senior investigators will be
appointed as necessary to handle day to day operations.
8.23 PROCESSING VICE, DRUGS AND ORGANIZED CRIME INGTELLIGENCE AND
COMPLAINTS: All complaints relating to vice, drugs, or
organized crime will be forwarded to the Criminal
A. Each complaint, as well as information received from
outside agencies and other sources, will be documented
on an intelligence report if it is to be considered and
treated as intelligence information.
B. Special investigative task forces may collect and
maintain, within their own case files, intelligence
reports relating to ongoing investigations or
8.24 VICE, DRUGS AND ORGANIZED CRIME INTELLIGENCE REPORT FOLLOW-UP:
If the intelligence report is assigned for follow-up, the
investigator will have 21 working days to report any findings
to the C.I.U. Sergeant.
A. Information received where there are no viable leads may
be documented in an intelligence report, indexed, and
maintained for future reference, when deemed
B. Original intelligence reports will be maintained by the
Intelligence Analyst. Complaints or reports that result
in case filing will be maintained in case files.
8.25 NOTIFICATION OF THE MARSHAL: The Marshal will be notified of
routine operations on vice, drugs and organized crime through
the weekly summary report submitted by the C.I.U. Supervisor
to the Captain. When warranted and on detailed operations, a
briefing will be held between the Marshal and/or Captain and
the C.I.U. Supervisor.
8.26 PRELIMINARY INVESTIGATIONS PROCEDURE: The investigator should:
A. Establish whether a crime has been committed and
determine the type of crime;
B. Locate and interview victims and witnesses;
C. Search for and collect evidence;
D. Determine how the crime was committed;
E. Record all applicable notes and reports;
F. Make arrests, if appropriate
8.27 FOLLOW-UP INVESTIGATION PROCEDURES: Investigators should:
A. Follow-up preliminary investigation and initiate
inquiries into leads to identify suspects and locate
B. Research and review all records and reports related to
the incident, similar incidents or suspects;
C. Use all information sources including employees, other
law enforcement personnel, witnesses and informants;
D. Disseminate criminal information to the law enforcement
E. Conduct searches and collections of non-testimonial
evidence through court ordered warrants or consent of
F. Analyze the legal significance of information and
G. Continue the search for witnesses, interview new
witnesses, re-interview original witnesses and the
H. Submit appropriate evidence for evaluation;
I. Identify, locate and arrest suspects and accomplices and
determine any involvement in other crimes;
J. Recommend inactivation of the investigation, if all
leads are exhausted;
K. Document all information obtained in preliminary and
follow-up investigations in incident or supplement
8.28 SEPARATION AND DISSEMINATION OF RECORDS: Records relating to
vice and organized crime information will be maintained with
other intelligence records in a secure area separate from
A. The C.I.U. will make a concerted and coordinated effort
to obtain and disseminate information to other
operational divisions of the Marshal Service.
1. The C.I.U. will notify other sections of all covert
operations that will affect them;
2. All relevant information will be shared with
affected divisions within the agency;
3. The intelligence analyst may assist in receiving
and disseminating vice and organized crime
8.29 COVERT OPERATIONS: Covert operations may be conducted in
conjunction with C.I.U. operations.
A. The C.I.U. has the capacity to conduct such operations
through its personnel, expertise, equipment,
confidential informants and confidential funds.
B. Covert operations will be conducted only with the
knowledge and approval of the C.I.U. Supervisor.
C. The C.I.U. Supervisor, or designee, will authorize the
use of any equipment used in conjunction with a covert
operation such as night vision wear or tracking systems
and will ensure that the equipment is properly
8.30 VICE, DRUGS AND ORGANIZED CRIME SURVEILLANCE will be conducted
in the following manner:
A. Crimes and victims will be analyzed to determine the
best type and direction of operations to counter vice
and organized crime;
B. Probable offenders and their habits, associates,
vehicles, methods of operation or any other pertinent
information should be analyzed for increased
intelligence in gathering evidence;
C. The investigator should be familiarized with the
neighborhood or target area to increase the chances of a
D. Operational procedures for observation, arrests and
surveillance should be determined. Every participant
should have a clear understanding of what is expected
and what should be accomplished;
E. Investigators will be supplied with confidential funds
F. Means of communication, to include two-way radios,
cellular phones, predetermined bust signs or hand
signals should be established;
G. Equipment or vehicles that are most appropriate for the
operation should be selected;
H. Relief should be provided if the operation is long term;
I. Legal ramifications should be considered of possible
scenarios so alternatives can be considered;
J. If the operation extends into another jurisdiction, the
other agency with jurisdiction should be notified.
8.31 VICE AND ORGANIZED CRIME UNDERCOVER OPERATIONS will be
conducted in the same manner as surveillance with the
A. Investigators should be supplied with false identities
and credentials if needed and the confidentiality must
B. Back-up security for investigators should be provided
where circumstances require additional manpower;
C. Close supervision should be provided and it should be
certain that the span of control is not too large;
D. The undercover investigator will attempt to learn as
much as possible about the facts surrounding the case
and the suspect’s background and associates before
making contact with the suspect.
8.32 DECOY OPERATIONS will be conducted in the same manner as
surveillance and undercover operations, with the following
A. Deputies may be disguised to resemble victims;
B. All participating personnel will be identified in a
briefing conducted prior to any decoy operation.
8.33 VICE, DRUGS AND ORGANIZED CRIME RAIDS will be conducted with
the following provisions:
A. Notification for the raid will made to the C.I.U.
B. The assigned investigator or Marshal will design and
coordinate the raid in conjunction with other
C. The assigned investigator or Marshal will conduct
searches and seizures of evidence or contraband;
D. The assigned investigator or Marshal is responsible for
selecting and providing equipment for the raid;
E. All personnel will have access to a common radio channel
for necessary communication;
F. Arrests will be in accordance with all Tribal, federal,
state and local laws;
G. Any medical assistance will be requested through the
dispatcher or an on scene medical team;
H. Any injuries, to employees or suspects, will be
documented, and information will include the date and
time of injury, who was injured, how, necessary
treatment for the injury and any other relevant factors
of the incident;
I. Any force used will be documented.
J. All investigators participating in a raid will complete
a detailed report stating their actions and observations
concerning the raid.
K. The Special Operations Team may be utilized to conduct
8.34 CHILDREN FOUND AT METHAMPHETAMINE LABS: If a child is found
at, around, or near a methamphetamine lab and is not in a
traumatic state, call for I.C.W. or D.H.S. to take the child
into their custody. If the child is in a traumatic state,
take the child directly to the hospital and then call I.C.W.
or D.H.S. to take the child into their custody.
8.35 COOPERATION WITH OTHER DIVISIONS AND GROUPS: The C.I.U. will
cooperate with any other task force or specialized unit
operating within the jurisdiction of the Cherokee Nation.
Such cooperation will include, but is not limited to:
A. Exchanging personnel;
B. Loaning equipment;
C. Exchanging information.
8.36 LONG TERM COMMITMENT, PERSONNEL EXCHANGE OR EQUIPMENT LOAN: If
a long term commitment of exchanged personnel or loaned
equipment is required, the C.I.U. Supervisor will ensure that
a written proposal outlining the task force or specialized
unit’s goals, objectives, responsibilities and liabilities is
submitted to the Captain and/or Dirctor for approval prior to
the onset of the operation.
8.37 EVIDENCE AND LAB SUBMISSION: Certain items to be submitted as
evidence may require special collection and marking procedures
because of their physical characteristics. All evidence should
be tagged and identified to prevent any alteration, cross-
contamination or destruction of property, should be tagged and
identified. Items being submitted into evidence are to be
housed in the property room and a property receipt number will
be assigned to each item of evidence. The following
information should be included on the property receipt:
1. Name of law enforcement personnel submitting property;
2. Badge number;
3. Date and time items were placed in property room;
4. Location where the evidence was recovered;
5. Name, date of birth and social security number of the
6. Whether the subject was arrested, and the charges and
7. Which property room personnel received the evidence;
8. Date and time evidence was received;
9. Reason for holding evidence (crime);
10. If applicable, victim's name and address, including
city, state, zip code and telephone number;
11. Item number and quantity of items;
12. Description of items, such as serial number, model
number and color;
13. Signature of Marshal or officer releasing the items to
the custody of the property room.
8.38 LAB SUBMITTAL: If a lab submittal is necessary the Marshal
checking the property into the property room will fill out a
lab submittal form. Upon completion of a lab submittal form,
it is the responsibility of property room personnel to
transport and submit these items to the Marshal Service
property room to hold for lab testing.
A. The following information should be placed on evidence
tags to be submitted to the property room:
1. Date and time;
2. Recovery location;
3. Offense number, if available;
4. Description of item enclosed;
5. Submitting Marshal's name;
6. Property receipt number;
7. Quantity, if applicable.
8.39 CHAIN OF EVIDENCE: In maintaining the chain of evidence, an
area is provided on the reverse side of the Property Receipt
Form to track all evidence that has been checked out,
submitted to the lab or accessed for any other purpose. Note:
If an improper evidence submission is made, the submitting
Marshal must correct the problem as soon as possible.
A. When evidence, for any reason, is transferred from one
person to another or from one agency to another, a log
will be kept documenting the transaction.
B. When evidence is ready for submittal to the lab, the
item is checked out of the property room by the
submitting Marshal. Once the lab work is completed, a
written copy of the results will be faxed or sent to the
submitting Marshal. The items in question are then
returned to the property room for storage.
1. Any evidence to be transported will be packaged so
that it remains intact during transportation.
2. When shipping any item, an O.S.B.I. lab submittal
form will be filled out stating facts of the
related case, examination requested and facts about
the evidence. The mode of shipment will vary.
3. When marking a collected piece of evidence for
future identification by law enforcement personnel,
the mark should be as small as possible and
distinctive and should be placed on the evidence as
soon as possible.
8.40 RAPE AND SEXUAL ASSAULT:
A. In collecting evidence to be used in sexual assault
cases, the investigating Marshal’s, or investigators if
they are called out, will collect all items that could
contain evidence which may lead to the identification of
a suspect, such as blood, urine, semen, hair and
B. Upon determining that a rape may have occurred, the
Marshal will immediately contact dispatch, The victim
will be transported to the nearest S.A.N.E. facility for
a rape examination.
8.40 CRIME SCENE INVESTIGATION REPORT will be completed by the
assigned investigator in all major crime cases and all other
cases where it is deemed appropriate by the C.I.U. supervisor.
8.41 DISCIPLINE-WHO IS SUBJECT TO DISCIPLINARY ACTION. Any member or
employee violating his oath and trust by committing an
offense punishable under the laws of statutes of the
United States, the State of Oklahoma, or the Cherokee Nation, and
who violates any provision of the rules and regulations
of the Marshal Service, or who disobeys any lawful order, or who is
incompetent to perform his duties is subject to
appropriate disciplinary action.
8.42 PENALTIES are subject to the provisions of the Personnel Rules and
Regulations of Cherokee Nation and the Marshal Service.
The following penalties may be assessed against any member or
employee of the Marshal Service as disciplinary action:
1. oral reprimand
2. written reprimand
5. dismissal from the service
6. any action in accordance with HRPPCN
8.43 AUTHORITY TO DISCIPLINE. The Marshal Service disciplinary
authority and responsibility rests with the Marshal. Except
for oral reprimands and emergency suspensions, all
Marshal Service discipline must be taken or approved by the
8.44 INTERNAL AFFAIRS: The Marshal Service will accept and
investigate all complaints of alleged employee misconduct or
wrongdoing from any citizen or employee. The Marshal Service
will ensure that integrity is maintained through an internal
system where objectivity, fairness and justice are assured by
intensive and impartial investigation. Following a thorough
examination of the available factual information the Marshal
or employee will be either exonerated or held responsible for
the alleged misconduct. Discipline will be administered
according to the degree of misconduct. The Marshal Service
will ensure fairness and due process within HRPPCN rules.
A. The Internal Affairs Unit will consist of those members
of the Marshal Service assigned by the Marshal. The
Internal Affairs will be responsible for the internal
affairs function within the Marshal Service.
B. The assigned investigator will report all matters and
pertinent information concerning internal affairs
investigations to the Marshal or Captain.
C. The assigned investigator will immediately notify the
Marshal or Captain of issues involving the Marshal
Service which concern deadly force or criminal
allegations while other issues can be postponed until
normal business hours.
8.45 DUTIES AND RESPONSIBILITIES OF INTERNAL AFFAIRS: Generally,
Internal Affairs will investigate the following:
A. Excessive force, abuse and brutality;
B. Violations of civil rights;
C. Incidents involving moral turpitude;
D. Criminal allegations;
E. All uses of deadly force, except the destruction of
wounded or vicious animals;
F. Violation of Marshal Service policies, rules or
G. Conduct which adversely reflects upon the Marshal,
employee or the office;
H. Any other investigation as directed by the Marshal or
I. Any investigation on their own initiative upon notice to
the Marshal or UnderMarshal.
8.46 INTERNAL AFFAIRS RECORDS: Internal Affairs will maintain a
central file on all internal affairs investigations conducted
by the Marshal Service. Internal Affairs will review the
interpretation of all employee drug screenings including
screenings conducted during the selection process.
8.47 RECEIVING COMPLAINTS: Reports should be accepted by
supervisory personnel whenever possible. However, if no
supervisory personnel are available, complaints may be
accepted by any employee. At no time should a complainant be
told to return to report a complaint regarding a Marshal or
A. All Marshal Service personnel are directed to accept
reports of Marshal or employee misconduct from persons
who wish to file a complaint regardless of the hour or
day of the week. Citizens are to be encouraged to submit
their complaints in person as soon after the incident as
possible. If the complainant cannot file the report in
person, a Marshal Service representative will visit the
home, business or other location in order to complete
the report, except for minor complaints.
B. Complaints will be referred to the Patrol Supervisor or
Investigation Supervisor if they are available.
C. In the event that the Patrol or Investigation Supervisor
personnel are not available, all supervisory personnel
are directed to accept the complaint report of Marshal
or employee misconduct.
D. All Marshal Service personnel are directed to accept
reports of Marshal or employee misconduct from anonymous
sources. The anonymous complainant should be encouraged
to submit the complaint in person, but the complaint
will be accepted even if the complainant refuses to
appear. The information should be specific to the
action reported. The complaint will be kept in the
Internal Affairs complaint log, but an investigation may
not be initiated.
E. All complaint forms or memorandum of complaints will be
reviewed by the first and second line supervisors. If
the supervisors agree the Marshal was justified in his
actions or if the complaint has no merit, then a summary
report will be presented to the Captain or Marshal. If
the first and second line supervisors cannot agree, or
if they believe the complaint has merit, then the matter
will be presented to the Marshal via the Chain of
Command for an Internal Affairs Investigation. The
Internal Affairs report will be presented to a review
F. Only the Marshal or Captain can initiate an Internal
8.48 PROCESSING COMPLAINTS: The assigned investigator will be
responsible for ensuring that a Complete and expeditious
investigation has been conducted on each internal
investigation. A report will be submitted to the Marshal or
Captain as soon as possible after receiving the complaint for
A. The Marshal or Captain may refer the complaint to the
Marshal Service review board if the finding of the
complaint is sustained or unsustained.
B. Should unusual circumstances exist and a time extension
become necessary, a request for extension will be
submitted to the Marshal or Captain for approval.
C. A final disposition report will be made to the
complainant. If the finding of the complaint is
exhonerated, unfounded or withdrawn, the complaint may
not be reviewed by the Marshal Service review board.
8.49 INVESTIGATION OF COMPLAINTS: The investigation is a critical
part of the complaint and discipline process. A decision to
dismiss or sustain a charge against an employee must be based
upon reliable information. Investigations of complaints must
be viewed by the public and employees as diligent, thorough
and impartial. The investigation will consist of gathering and
analyzing information and evidence necessary to prove or
disprove an allegation. The investigation will be conducted in
a manner that will not only best reveal the facts, but also
preserve the dignity of persons involved. An employee may be
required to participate in one or more of the following
actions when the actions are material to a particular Internal
A. Use of the Polygraph. Any employee of the Marshal
Service may be ordered to submit to a polygraph
examination if they are the subject of or a witness in
an Internal Affairs investigation. Disciplinary action,
including dismissal, may be taken against the employee
if they refuse to take a polygraph examination when so
B. Evidence Collection. Any employee may be ordered to
submit to a drug or alcohol test.
1. A blood or urine test may be required of any
employee when there is reasonable suspicion to
believe the employee is using illegal drugs or
abusing a controlled substance either on or off
2. Employees will be required to submit to any other
type of medical or laboratory examination requested
pursuant to an administrative investigation.
3. The drug screening results will be reviewed by the
assigned investigator, Marshal and/or Captain.
4. If a drug screen returns positive, the Marshal
Service may request further testing for specific
5. In addition to inclusion in the Internal Affairs
case file, the results of the drug screening will
be placed in the employee's personnel file.
C. Participation in Line-Ups. Employees may be required to
submit to a photo line-up or participate in a line-up if
reasonable suspicion exists to believe they are involved
in a complaint or allegation.
D. Financial Disclosure. Employees may be required to
submit financial disclosure statements when it is
material to an administrative investigation conducted by
8.50 RELIEF FROM DUTY: Staff or supervisors may relieve a Marshal,
employee or reserve Marshal from duty and place them on
temporary administrative suspension for up to eight hours
under the following circumstances:
A. Employee conduct personally observed by the supervisor
that is extremely serious in nature or creates potential
harm to the employee or others;
B. The employee is unfit for duty due to physical or
psychological reasons or is a hazard to any person if
permitted to remain on the job;
C. Any employee receiving a temporary administrative
suspension will be required, as directed, to report to
the Marshal or Captain at 0900 hours on the next
business day. The supervisor imposing the suspension
will also be required to appear with all necessary
D. Employees receiving a temporary administrative
suspension will receive pay for the remainder of their
shift unless notified otherwise by the UnderMarshal.
8.51 DISPOSITION OF COMPLAINTS: A finding will be made on all
investigations, whether completed by the supervisor or the
Internal Affairs investigator. The finding will be determined
by the Marshal or Captain. The finding will be in one of the
A. Unfounded: The alleged incident did not occur or there
is insufficient information to conduct a meaningful
B. Exonerated: The alleged incident did occur, but the
actions of the employee were justified, legal and
C. Not Sustained: The investigation failed to disclose
sufficient evidence to clearly prove or disprove the
D. Sustained: The investigation disclosed sufficient
evidence to prove the allegation violates criminal law
or department rule of conduct. Upon a finding of
sustained, current policies, procedures, rules and
regulations will be reviewed to prevent any future
instances of employee misconduct. A review of the
incident may be required with the employee and can be
held as a pre-action or pre-disciplinary hearing.
E. Other: The allegation is withdrawn by the complainant
prior to completion of the investigation or the matter
is ended due to a reason of closure not listed above.
8.52 PROBABLE CRIMINAL CONDUCT: Should an investigation at any time
disclose evidence of criminal conduct, the assigned
investigator will immediately notify the Marshal or Captain.
The administrative investigation may be suspended pending the
completion of the criminal investigation and prosecutorial
8.53 RIGHT OF EMPLOYEE TO LEGAL REPRESENTATION: Employees may
confer with a private attorney during an internal
investigation at their expense but do not have the right to
have legal counsel present at any internal administrative
8.54 STATEMENT TO EMPLOYEE: When an employee becomes the subject of
an Internal Affairs investigation, the employee will be
advised of the allegations and their rights and
responsibilities relative to the investigation.
8.55 RESPONSE TO COMPLAINANT AND EMPLOYEE: The Internal Affairs
will keep involved complainants and employees informed on the
status of cases. This will include notifying the complainant
and the employee of the disposition of the complaint,
including whether or not disciplinary action will be taken and
the rights and responsibilities of the employee.
8.56 INTERNAL AFFAIRS RECORDS: A record of all investigated
complaints against the Marshal Service or its employees will
be maintained under the control of the Marshal. All records
pertaining to Internal Affairs investigations will be
maintained in a secure area and under the control of the
Marshal. The progress of Internal Affairs investigations and
all supporting material are considered confidential
information. Only the Marshal or designee is empowered to
release the details of an internal investigation or
CASE FILE MANAGEMENT
9.0 CASE ASSIGNMENT: Any Marshal completing a criminal offense
report will contact the dispatcher to obtain a case number.
The report will be turned in to a supervisor for approval. The
supervisor will then forward the report to the Lieutenant over
Patrol for secondary review and approval to be forwarded to
the Criminal Investigations Unit (C.I.U.) for assignment to
investigators or to be filed.
9.1 CASES ARE REVIEWED AND ASSIGNED BY THE C.I.U. SUPERVISOR: The
cases are assigned by priority with consideration given to the
substance, seriousness and solvability of the case. Cases are
assigned to investigators at random, unless a case requires
the skill or experience of a specific investigator.
9.2 CASE SOLVABILITY: Case prioritization comes from a point
system where certain facts yield a number of points. The
points are as follows:
Victim Cooperation . . . . . . . . . . . . . . . 20
Witness Known. . . . . . . . . . . . . . . . . . 2
Witness Info Valuable. . . . . . . . . . . . . . 10
All Witnesses Identified . . . . . . . . . . . . 0
All Witnesses Interviewed. . . . . . . . . . . . 0
Suspect In Custody . . . . . . . . . . . . . . . 99
All Suspects In Custody. . . . . . . . . . . . . 0
Suspect Known. . . . . . . . . . . . . . . . . . 10
Suspect Located. . . . . . . . . . . . . . . . . 9
Suspect Vehicle Description. . . . . . . . . . . 1
Suspect Vehicle Located. . . . . . . . . . . . . 3
Suspect Vehicle Impounded. . . . . . . . . . . . 8
Physical Evidence Obtained . . . . . . . . . . . 10
Similar Incidents. . . . . . . . . . . . . . . . 1
Solved Reasonable Effort . . . . . . . . . . . . 12
Significant M.O. . . . . . . . . . . . . . . . . 4
Will Patrol Follow-Up. . . . . . . . . . . . . . 0
Case Status, Pending, Active, etc. . . . . . . . 0
Unusual Circumstances. . . . . . . . . . . . . . 5
Death. . . . . . . . . . . . . . . . . . . . . . 99
Rape/Child Abuse . . . . . . . . . . . . . . . . 25
Near Death . . . . . . . . . . . . . . . . . . . 25
Major Injury . . . . . . . . . . . . . . . . . . 15
Minor Injury . . . . . . . . . . . . . . . . . . 10
Firearm Used . . . . . . . . . . . . . . . . . . 10
Other Weapon Used. . . . . . . . . . . . . . . . 5
Arson. . . . . . . . . . . . . . . . . . . . . . 10
Loss Over $20,000. . . . . . . . . . . . . . . . 10
Loss Over $1,000 . . . . . . . . . . . . . . . . 8
Loss Over $299 . . . . . . . . . . . . . . . . . 5
Damage Over $1,000 . . . . . . . . . . . . . . . 5
9.3 ASSIGNMENT BASED ON SOVABILITY VALUE: A total of 20 points or
higher warrants case assignment. The Investigative Supervisor
will combine the solvability factor and the seriousness
factor; it must equal 65 or more for assignment value. Cases
are prioritized by assignment value. The C.I.U. supervisor
may override the suspension point total due to a M.O. matching
another offense, the type and seriousness of crime or other
appropriate administrative reason.
a. When a case is assigned, a copy of the file is given
to the Investigator. The C.I.U. analyst receives the
original offense report to be entered in the case
management database then forwards the original report to
dispatch to be filed in the central case file. The
database has limited access and is controlled by the
9.4 CASE DISPOSITION AND RECORDS: The C.I.U. has the following
possibilities of case disposition:
A. Cleared by Arrest. When the subject is arrested, charged
and turned over to the prosecution or cited to appear in
juvenile court, a clearance report will be completed and
attached to a copy of the related case file.
B. Unfounded. When a complaint is determined to be false or
baseless, a clearance request and two supplemental forms
explaining the disposition will be included with the
C. Exceptional Clearance. Involves cases in which an arrest
can not be made for a reason outside law enforcement
control. This may include death of the offender,
prosecutor declining to file, denied extradition, or
non-cooperation of victims or witnesses.
D. Administratively Cleared. Where the suspects have been
charged, but not found for arrest a warrant remains in
effect, but the case is considered cleared for
E. Suspended. Cases in which there are no suspects, leads
or prosecutorial merit may be suspended.
F. Inactivated. Cases in which all investigative leads
have been exhausted with no resolution. An inactivated
case may later be reactivated with additional evidence.
G. Open. Cases that are currently being investigated are
9.5 CLEARED CASES: When a case is cleared, a clearance report will
be completed and included with the case file. When a case is
subject to any other disposition, a clearance form and
supplemental(s) explaining such disposition should be included
with the case file.
9.6 CASE CONTENT: All case files should include the following as
each item becomes known:
1. Investigative case file number;
2. Date and location of offense;
3. Crime type;
4. Investigators assigned;
5. Original date assigned;
6. Reactivation date, if applicable;
7. Classification of crime;
8. Suspect information;
9. Victim information, including complete address;
10. Disposition and date of disposition.
10.0 TRAFFIC FUNCTIONS. The Cherokee Nation Marshal Service has the
primary responsibility of law enforcement on Indian land
within the Cherokee Nation boundaries. However, the CNMS may
actively enforce traffic laws throughout the Cherokee Nation.
High visibility and traffic enforcement can deter and cease
other criminal offenses.
10.1 RESPONSIBILITY. The responsibility for the enforcement of
traffic laws and regulations rests with all uniformed
personnel assigned to the patrol function of the Marshal
Service. All Marshals, while on duty and in uniform, may take
appropriate enforcement action for major violations of traffic
laws and regulations they observe.
10.2 ENFORCEMENT PRACTICES. Traffic law enforcement activities will
be based on the principle that visible patrol in distinctly
marked vehicles is an effective deterrent to traffic law
violations. Marshals will drive patrol vehicles in accordance
with existing laws and in such a manner as to demonstrate
exemplary driving behavior. Marshals will not make an effort
to enforce minor traffic laws if the act of enforcement by the
Marshal poses a greater danger to the motoring public than the
10.3 RACIAL PROHIBITION. No Marshal shall engage in racial
profiling. The race or ethnicity of an individual shall not
be the sole factor in determining the existence of probable
cause to take into custody or to arrest an individual. An
individual's race or ethnicity shall not constitute a
reasonable and articulable suspicion that an offense has been
or is being committed so as to justify the detention of an
individual or the investigatory stop of a motor vehicle.
A. Racial Profiling: The detention, interdiction, or other
disparate treatment of an individual solely on the basis
of the racial or ethnic status of such individual.
10.4 ENFORCEMENT ACTIONS. Marshals driving units that are marked
and/or have emergency equipment, may take appropriate
enforcement action in accordance with state or tribal law, for
each violation of traffic law witnessed or reported to them.
All enforcement actions will be accomplished in a firm, fair,
impartial and courteous manner. Marshals are not authorized to
enforce violations of any municipality ordinances.
10.5 ENFORCEMENT FUNCTION. Traffic law enforcement is a
responsibility of the Marshal Service and has as its basic
A. Identifying and removing from the motor vehicle
transportation system those drivers whose behavior
indicates that they are an immediate danger to the
public, such as intoxicated drivers;
B. Developing and encouraging voluntary compliance with
traffic laws and ordinances through continuing
10.6 SPEED MEASURING DEVICES. Marshals may only use radar after
they have completed a certification program. Calibration and
maintenance of speed measuring devices such as radar and laser
will be maintained when so equipped.
10.7 MARSHAL AND VIOLATOR RELATIONS. Traffic law enforcement is an
important tasks performed by Marshals, but for the violator it
is frequently an emotional experience. Marshals should be
aware of these conditions, strive to make each contact
educational and leave the violator with the impression that
the Marshal has performed a necessary task in a professional
and friendly manner.
10.8 TRAFFIC STOPS. Traffic stops have two objectives which the
Marshal seeks to achieve. The first objective is to take
appropriate enforcement action and the second is to positively
alter the violator’s future driving behavior.
10.9 TRAFFIC STOP PROCEDURES. The following procedures are
recommended to minimize conflict which may develop between the
Marshal and the violator and assist in achieving the two
objectives. Marshals should be aware that no two traffic
stops are exactly alike. This procedure is a guide on how to
conduct stops of traffic law violators. Marshals will act in a
courteous and prudent manner as dictated by the circumstances
of the particular stop. The following is the suggested
procedure for patrol Marshals initiating the stop:
A. Marshals should choose the stop location carefully and
avoid curves, hill crests and intersections. Marshals
should consider stop locations where adequate cover is
available should its use become necessary;
B. Marshals will notify the dispatcher that they are 10-59
and inform the dispatcher of the license plate number
(include state and registration year) and stop location
prior to initiating the contact;
C. Marshals will activate emergency lights, then siren if
needed to alert the driver to stop.
D. Marshals will position the patrol unit about 20 feet
behind the stopped vehicle and offset three feet to the
left if possible. The patrol unit's position should
allow for a maximum amount of cover for the Marshal.
Marshals will leave the engine running, and the driver’s
door unlocked and window down. Marshals should consider
who may be in the immediate area of the cruiser when
leaving it unlocked;
E. Before exiting from the patrol car, Marshals should
observe the stopped vehicle for about 10-15 seconds for
looking for unusual movements;
F. Marshals should use high headlight beams, spotlights and
the takedown lights to conceal their movements from the
violator and for increased visibility inside the stopped
G. If the violator gets out of the car, Marshals should
move to the right of the patrol car, and direct the
violator’s movements by voice commands. Marshal should
be prepared to take evasive action should the violator
continue to advance and disobey verbal commands.
H. Marshals should consider weapon readiness on every stop;
I. If a Marshal decides to approach a stopped vehicle, the
Marshal will watch the occupant(s), check for altered
license tags, check trunk to see that it is closed and
locked, and observe the interior for possible weapons or
hidden passengers. At night, officers should avoid
passing between the lights of the cruiser and the
J. Marshals should stand beside the vehicle as closely as
possible, and to the rear of the driver while being
watchful of any passenger(s);
K. If safe to do so, a Marshal may ask the violator to step
out of the vehicle and conduct the stop on the passenger
side of the patrol unit away from traffic;
L. Marshals should keep a constant view of the violator’s
hands. When obtaining the drivers’ license or other
information, the Marshal may have the violator reach
outside the vehicle (preferably with the left hand). The
Marshal should accept the driver’s license or other
identification with the non-gun hand.
M. Once the Marshal has stopped the violator and approached
to a point where communication can begin, the Marshal
1. Be alert at all times for the unexpected, but not
be obviously apprehensive;
2. Be certain that the observations of the violation
were accurate without reservation;
3. Present a professional image in dress, grooming,
language, bearing, and emotional stability;
4. Be prepared for the contact by having the necessary
forms, immediately available;
5. Decide on the appropriate enforcement action based
upon the driver’s behavior, not attitude;
6. Greet the driver with appropriate title and in a
7. Ask for and accept the violator’s driver’s license
and proof of insurance or obtain another document
of identification if the driver has no driver’s
8. Inform the driver of the traffic law violated, the
driver should not be kept in suspense;
9. Allow the driver to reasonably discuss the
10. Check the vehicle operator through the dispatcher
for license validity, driving record and warrants,
concealed gun permit;
11. Write the citation where an eye movement will
permit observation of the vehicle and occupant(s);
12. Complete the forms required of the action taken or
exercise a verbal warning.
N. Procedure for re-contact with the driver:
1. If returning to the stopped vehicle to issue the
citation, observe again for changes within the
2. Return the violator’s driver’s license and other
information and give the violator a copy of the
warning or citation;
3. Explain to the driver exactly what they are
supposed to do in response to the action taken;
4. Make sure the violator knows when and where to
appear if the enforcement requires a court
appearance. Explain any alternatives to the
violator, but do not predict the actions of the
court. Refer questions about the appearance to the
5. Be alert for any emotional stress exhibited by the
driver. If the stress is present, the instruction
may have to be repeated or the violator may need to
calm down before resuming driving;
6. Allow the stopped vehicle to re-enter traffic
first. If necessary, assist the violator in safely
re-entering the traffic flow;
7. Turn off emergency lights and auxiliary lights
before re-entering traffic.
10.10 UNMARKED VEHICLES. The use of unmarked vehicles with no
emergency equipment for the purpose of traffic enforcement is
10.11 CITATIONS. Traffic citations along with a probable cause
affidavit and arrest reports form the basis for prosecution of
traffic offenders. Specific guidelines on the preparation,
processing, and distribution of citations are as follows:
1. All citations will be neatly and legibly written using a
black ballpoint pen;
2. The court date will be assigned according to court
guidelines. The manila "hard copy" is then served to the
10.12 JUVENILE VIOLATORS. If the violator is a juvenile, additional
information will be required on the citation such as the name
of the violator’s parents and parent’s address. The green
copy of the citation will be mailed to the parents or guardian
of the juvenile offender no later than three days after the
violation has occurred.
10.13 FAILURE OR REFUSAL TO SIGN. Failure or refusal to sign will be
prima facie evidence of noncompliance, at which time the
violator may be arrested and ordered to post a bond.
10.14 OUT-OF-STATE VIOLATORS. If the violator has a driver’s license
from a state other than Oklahoma, the offender will be advised
that under the provisions of the interstate compact, their
driver’s license will be suspended if the fine is not paid or
a court appearance made.
10.15 D.U.I. VIOLATORS. Marshals will arrest any driver found to be
in violation of D.U.I. laws. Arrests will be determined by the
driver’s observed operations on the roadway, involvement in an
accident, field sobriety tests and/or blood alcohol content
10.16 FIELD SOBRIETY TESTING. All Marshals will be familiar with
drunken driver detection and field sobriety testing. If any
Marshal recognizes a need for additional training in either
area, the Marshal should submit a written request for training
to their supervisor.
10.17 CHEMICAL TESTS. Chemical tests will be offered in accordance
with the Oklahoma Implied Consent Law (OICL), and Marshal
Service policy and procedures.
10.18 INITIATING A D.U.I. ARREST. Whenever a Marshal’s observations
result in the Marshal having probable cause to believe that a
driver is operating a motor vehicle while under the influence
of alcohol or a drug due to erratic operation of the vehicle,
the driver can be compelled to submit to a series of tests to
determine sobriety, in accordance with 47 O.S. 751 or other
applicable tribal laws.
A. Marshals should observe the general appearance and
demeanor of the suspect, listen to the speech and smell
for the odor of an alcoholic beverage as indicators that
a person may have ingested enough alcohol or drugs to
impair their ability to operate a motor vehicle.
B. If a Marshal suspects from observations that a driver
may be under the influence of alcohol or drugs, the
Marshal will administer a series of field sobriety tests
(psychomotor tests) and any other tests deemed
appropriate (horizontal gaze nystagmus or alcohol
indicator pre-tests) in order to ascertain probable
cause for taking a driver into custody for the purpose
of administering additional analytical tests.
C. When a Marshal concludes, based on observations,
experience, training and knowledge, that the driver of a
motor vehicle is driving under the influence of alcohol
or other intoxicants, the Marshal should advise the
violator that they are being placed under arrest. The
Marshal will then read the Oklahoma Implied Consent Law
(OICL), chemical test request.
D. Persons arrested must be taken promptly to the nearest
available facility to administer chemical tests. Tests
will be administered within two hours of arrest, whether
breath test, blood test, or a combination thereof.
10.19 ARREST, BOOKING AND PROBABLE CAUSE AFFIDAVIT. All persons
booked will have charges filed with the wording on the Arrest
and Booking Affidavit to read one of the following as dictated
by the violation:
A. Operate or be in actual physical control of a motor
vehicle while having blood or breath alcohol
concentration of .08 or more;
B. Drive or be in actual physical control of a motor
vehicle while under the influence of alcohol;
C. Drive or be in actual physical control of a motor
vehicle while under the influence of an intoxicating
D. Drive or be in actual physical control of a motor
vehicle while under the combined influence of alcohol
and another intoxicating substance.
10.20 BREATH TEST. A qualified intoxilyser operator must administer
the breath test within 2 hours of arrest, if one is to be
10.21 PERSONS 21 YEARS OF AGE OR OLDER. If results are .30 BAC
or higher, a second test should be administered within 30
minutes. If the blood-alcohol level has increased, the
arrestee should be transported to the hospital for
10.22 BAC OF .05 OR LESS. Evidence that there was, at the time of
the test, an alcohol concentration of five-hundredths (.05) or
less is prima facie evidence that the person was not under the
influence of alcohol. If the Marshal believes the arrestee is
under the influence of drugs or other intoxicating substances,
the D.U.I.-Drugs charge should be used. Under the provisions
of OICL, the Marshal should request the arrestee to submit to
a blood test.
10.23 BAC ABOVE .05 AND BELOW .08. An arrestee whose results are
above .05 and below .08 BAC will be charged with driving while
10.22 BAC OF .08 OR HIGHER. If results are .08 BAC or higher, the
Marshal should seize the arrestee’s drivers license, if
available. If the arrestee’s license is not expired or
otherwise invalid, the arrestee should be issued a receipt for
the license on the Officer’s Affidavit and Notice of
Revocation or Disqualification.
The driver license and a copy of the breath analysis report
should be mailed to the Department of Public Safety using the
10.23 PERSONS UNDER 21 YEARS OF AGE. Procedures will be the same as
those for persons 21 and older except that, for persons under
21, any measurable quantity of alcohol in the person’s blood
or breath administered within two hours after the arrest will
result in a charge of driving under the influence.
10.24 BLOOD TEST. If a blood test is administered, blood samples are
to be drawn at the hospital within two hours of the arrest.
A. An arrestee may request a separate blood test (at their
expense), in accordance with 47 O.S. 752, in addition to
the test administered by the arresting Marshal, both the
arrestee's vial and the evidential vial will be sent to
the Oklahoma State Bureau of Investigation laboratory
for testing from the hospital. Blood alcohol kits do
not go into evidentiary property.
B. The Officer’s Affidavit and Notice of Revocation or
Disqualification will be used for both breath and blood
C. The yellow copy of the Officer’s Affidavit and Notice of
Revocation or Disqualification will be mailed with the
evidential blood vial.
BLOOD ALCOHOL KIT
Blood alcohol kits are used for both blood alcohol and drug-related
arrests. In these situations, the requesting agency will pay for
postage and hospital costs to process the kit. Some examples of
situations when a blood alcohol kit would be utilized:
-- Defendant is in a hospital environment due to injury.
-- Breath alcohol testing equipment is malfunctioning or
maintenance has not been performed.
-- Physical defects (unable to blow).
-- Fatality accident.
-- Evidence of drug involvement.
-- Individual submits to state's breath test and then requests an
additional test for themselves - The cost for the additional
test is paid by the arrested person, the agency gets part of
About the Kit:
-- All blood alcohol kits contain four vacuum-sealed vials.
-- All four vacuum-sealed vials are to be used.
-- All blood alcohol kits are sent to the OSBI laboratory.
-- Blood alcohol kits are not to be released to arrestees.
-- Chain of evidence goes from the Marshal to the OSBI.
-- Blood alcohol kits are provided by the Oklahoma City Bureau's
-- Instructions to Marshals on how to use the kit are found
within the container.
Oklahoma Statutes allow for a test to be performed on persons who
are unconscious or otherwise incapable of refusing to submit to a
test of blood or breath to determine the alcohol concentration
thereof, or to a test of such person's blood, saliva, or urine to
determine the presence and concentration of any other intoxicating
substance therein. The following rules apply:
-- The tested subject must be informed that the test has been
done. The subject then has the right to contact an attorney
before telling the Marshal that the test can be used.
-- The tested subject must be aware when they awaken that they
are under arrest.
-- Based on State v. Sheperd, each Marshal should make a good
record as to how the arrest, before the withdrawal of the
sample, occurred. If appropriate, the arresting Marshal can
remain with the arrestee until conscious. Another way to
accomplish this is to notify hospital personnel of the arrest
with instructions for the arresting Marshal or agency to be
contacted before the subject is released. It is also feasible
to do the same with a responsible member of the subject's
10.26 REFUSAL TO TAKE THE STATE’S TEST. If the arrestee refuses to
take the required tests after being read the OICL chemical
test request, in accordance with 47 O.S. 753, the Marshal
A. Seize the arrestee’s license, if available;
B. Complete the Officer’s Affidavit and Notice of
Revocation or Disqualification;
C. Proceed with D.U.I. charge.
10.27 OFFICER’S AFFDAVIT AND NOTICE OF REVOCATION AND
A. Whenever any person is arrested for any violation of 47
O.S. section 11-902, their driver’s license will be
seized and forwarded to the Department of Public Safety.
B. Every arrestee who refuses to take a breath test and
every arrestee who takes an intoxilyser test and exceeds
the .08 B.A.C. threshold will be advised that their
driver’s license will be revoked by the Department of
Public Safety for a period of 180 days or more, and the
license will remain revoked unless the violator
successfully appeals to D.P.S. The offender must make
written notice to the D.P.S. within 15 days of being
served the Officer’s Affidavit and Notice of Revocation
C. At the time of arrest in every case where there is an
immediate suspension of an offender’s driving
privileges, the arresting Marshal must prepare and serve
on the offender the Officer’s Affidavit and Notice of
Revocation or Disqualification stating that all of the
following factors were present:
1. The Marshal had reasonable grounds to believe that
the person was committing a D.U.I. or A.P.C.
2. The person was both arrested and charged with
either D.U.I., D.W.I. or A.P.C.;
3. The Marshal asked the arrestee to take the state’s
breath or blood test and was read the Oklahoma
implied consent law chemical test request;
4. The arrestee either refused to take the state’s
test or tested above .08 B.A.C.;
5. The Marshal wrote the response, including the exact
words and actions which indicated the refusal, on
the Officer’s Affidavit and Notice of Revocation or
6. The arrestee’s address was verified, and if
different from that on the driver’s license, the
current address was listed on the Officer’s
Affidavit and Notice of Revocation or
7. The Marshal had the Officer’s Affidavit and Notice
of Revocation or Disqualification Form notarized
before serving it on the arrestee;
8. The Marshal served the gold copy of the Officer’s
Affidavit and Notice of Revocation or
Disqualification upon the arrestee. The arrestee
was instructed to sign the notice in the space
indicated. A note was made on the form if the
arrestee refused or was unable to sign the form.
9. The arrestee’s license and a notarized copy of
Officer’s Affidavit and Notice of Revocation or
Disqualification must be sent to the Department of
Public Safety, and the green copy to the District
Attorney’s Office, within 72 hours of the arrest.
10. The notation of service of the notice on the
arrestee at the time of arrest is required to put
the license under revocation. The sworn report is
prima facie proof of the information and statements
it contains, and would be required to be admitted
and considered as such in appeals regarding the
10.28 SEIZURE OF VEHICLES INVOLVED IN D.U.I., D.W.I. OR A.P.C.
VIOLATIONS. When the driver of a vehicle has been arrested,
either impoundment, immobilization or custodial care of the
violator’s vehicle must be provided by the arresting Marshal.
Upon seizing a vehicle under any of the provisions above, the
Marshal must advise the registered owner of the vehicle of the
10.29 D.U.I., D.W.I., AND A.P.C. PACKET. A D.U.I., D.W.I. and A.P.C
packet will be completed for each person charged with
violation of 47 O.S. section 11-902 containing a copy of each
of the forms specified in this section. The original forms
will be forwarded to the Appropriate District Attorney’s
Office at the earliest possible time. The D.U.I., D.W.I. and
A.P.C packet will contain copies of the following forms:
A. The D.U.I.-D.W.I.-A.P.C. cover sheet;
B. Arrest and Booking and Probable Cause Affidavit;
C. An Officer’s Affidavit and Notice of Revocation or
Disqualification which contains the sworn statement of
probable cause, the consequences of refusal, and the
notification of immediate revocation;
D. Photocopies of the intoxilyzer test record card attached
to all copies of the Officer’s Affidavit.
C. The affidavit must have five copies to be sent as
1. White copy - to the Department of Public Safety;
2. Green copy - to the District Attorney’s Office;
3. Yellow copy - placed with the stored specimen;
4. Pink copy - to the City Court Clerk;
5. Gold copy - to the arrestee.
10.30 VEHICLE IMPOUNDMENT FOR FIELD OPERATIONS. The Cherokee Nation
Marshal Service will impound vehicles only when necessary and
according with this policy.
A. Abandoned Motor Vehicle: Any vehicle found upon the
highway, shoulder or right of way, if there is no
evidence of an apparent owner who intends to remove the
vehicle after 48 hours (see 47 O.S. sec. 901).
B. Junk Motor Vehicle: Any vehicle which is incapable of
operation or use on the highway, has no resale value
except as a source of parts or scrap and has at least an
eighty percent (80%) loss in fair market value.
C. Abandoned Junk Motor Vehicle: Any motor vehicle which
meets both the definition of abandoned motor vehicle and
junk motor vehicle as indicated above.
10.32 ABANDONED MOTOR VEHICLES. When a Marshal is notified of an
abandoned motor vehicle as defined in this policy, the Marshal
will check to see if the vehicle is stolen. If the vehicle is
stolen, follow the procedures as listed in 10.47, Vehicles of
Arrestees as Evidence, of this policy. If the vehicle is not
stolen, the Marshal will:
A. VEHICLES ON PRIVATE PROPERTY. The owner of private
property with an unwanted vehicle on it may direct the
vehicle to be towed at their direction and their
expense. Cherokee Nation Marshal Service will not aid
or assist in this process.
B. VEHICLES ON PUBLIC PROPERTY. Vehicles found on public
property in the following manners may be towed:
1. Hazardous Abandonment. If a Marshal observes or is
notified of a vehicle abandoned in a location which
would be hazardous to the free flow of traffic or
highly susceptible to damage from vandalism, the
Marshal should notify dispatch to send a wrecker
from the rotation list to the scene and have the
vehicle towed (see 47 O.S. sec. 901).
2. Non-Hazardous Abandonment. If a Marshal observes
or is notified of an abandoned vehicle on public
property and the vehicle does not constitute a
hazard, the Marshal may call the Oklahoma Highway
Patrol, which may assume responsibility for removal
of the abandoned vehicle.
C. ABANDONED JUNK MOTOR VEHICLES. When a Marshal is
notified or observes an abandoned junk motor vehicle as
defined in this procedure, the Marshal will follow the
guidelines in this procedure as defined in the Abandoned
Motor Vehicle section (see section 10.32).
D. MECHANICALLY DISABLED VEHICLES. Responsibility for
securing a wrecker for a mechanically disabled vehicle
(not involved in an accident) is that of the vehicle
owner or driver who will be instructed to secure a
wrecker. When the position of the vehicle is such that
it creates a danger to other motorists or pedestrians
and a phone is not readily available, the Marshal may,
upon request of the driver or owner, request the
dispatcher to dispatch the next wrecker scheduled for a
run on the rotation list.
E. VEHICLE UNLAWFULLY PARKED ON STREET. When a vehicle is
parked unlawfully on a street or an expressway and is
creating hazardous interference with the movement of
vehicular traffic, the driver should be ordered to move
1. If the driver is not immediately available, or the
auto is apparently inoperable, the vehicle should
be towed and a Tow-In Report recording the details
of the location of the vehicle, registration
information, and reason for towing should be
2. If the vehicle is parked unlawfully on the
expressway and is not immediately interfering with
the movement of vehicular traffic, advise dispatch
to notify the highway patrol.
10.33 AUTHORIZATION FOR IMPOUNDMENT. A Marshal may impound a motor
vehicle on Cherokee Nation property or where the marshal
service has jurisdiction which:
A. Is reported stolen;
B. Does not display license plates registered to that
particular vehicle or displays license plates that have
been expired for over 90 days (see 47 O.S. sec. 1115.1)
or according to state or tribal law;
C. Is parked in a manner constituting a hazard;
D. Needs to be secured subsequent to the arrest of the
driver and/or occupants and cannot reasonably be
released to another, or parked legally and safely;
E. Is driven by a person under the influence of alcohol,
drugs or a combination thereof;
F. Is to be held as evidence in a criminal case;
G. Is involved in the transportation, use or concealment of
narcotics, gambling, immigration violations or other
offenses under which the vehicle may be subject to
forfeiture proceedings by tribal, state or federal law
H. Is subject to forfeiture for a vehicle involved in first
degree burglary or transportation of stolen automobile
10.34 ALTERNATIVES TO IMPOUNDMENT. A motor vehicle subject to
impoundment due to an arrest may not be impounded if:
A. The Marshal can readily establish right of possession at
the location where the vehicle is initially stopped, by
checking with the driver, person in possession of
vehicle or person to whom possession of vehicle is to be
given, and the vehicle can be turned over to the
rightful possessor or legally parked at its location.
1. If such person is not available and the vehicle is
not needed for evidence, the Marshal must notify
the driver that the driver may choose to leave the
car parked at its location, in lieu of towing.
This option is only available if the vehicle is
stopped in an area where it could be left legally
2. Vehicles are not to be left on expressways as
required by law.
B. The driver is able to arrange for someone else to take
care of the vehicle after being given a reasonable
opportunity to do so.
1. If the vehicle is not needed for evidence, the
Marshal should notify the driver that the driver
may arrange for a responsible person to take care
of the vehicle and give the driver a reasonable
opportunity to make such arrangements.
2. If the designated person takes custody of the
vehicle, the Marshal must note the name, social
security number, date of birth and the address of
the designee on the Arrest and Booking Affidavit,
if completed, otherwise this information is to be
noted on the Tow-In Report.
10.35 FAILURE TO APPOINT A DESIGNEE. If the arrestee fails or
refuses to designate a person to care for the vehicle, or the
Marshal or driver is unable to contact the designated person,
or the designated person fails to claim the vehicle within a
reasonable time, the Marshal should order a wrecker and
impound the vehicle. The Marshal should indicate on the Tow-
In Report that an opportunity was given to the arrestee to
make arrangements for the removal of the vehicle however, the
opportunity was not taken by the arrestee in a reasonable
amount of time.
10.36 PARKING THE VEHICLE. If the vehicle can be legally parked
where the initial stop takes place and the driver is in legal
possession of the vehicle, the arresting Marshal has the
discretion of allowing the driver to leave the vehicle where
it is parked. Should the driver choose to leave the vehicle
the Marshal will notify the driver that the vehicle and all
property contained in the vehicle remains the responsibility
of the driver.
a. The park and lock option is not available when the
approval of the arrestee cannot be obtained.
b. On the Arrest and Booking Affidavit, the Marshal will
note the location where the vehicle is parked, that the
vehicle was left parked at scene, and that the driver
was notified of the responsibility for the vehicle and
c. Vehicle search rights are limited when a vehicle is left
parked unattended at the scene.
10.37 RELEASE OF VEHICLE AT THE SCENE. A vehicle to be impounded
and not needed for evidence or other reasons will be released
to the person with right of possession of such vehicle if the
person arrives at the scene before the Marshal requests a
wrecker. If the Marshal has already ordered the wrecker, the
individual with the right of possession must make arrangements
with the wrecker, including payment of any call fees.
10.38 PRIVATE PROPERTY OPEN TO THE PUBLIC. A Marshal is not
required to impound a vehicle when the vehicle pursuit is
terminated or a traffic stop is initiated on a public roadway
with the violator parking on private property open to the
public, and the property owner agrees to allow the vehicle to
10.39 PRIVATE PROPERTY NOT OPEN TO THE PUBLIC. A Marshal may be
able to leave a vehicle parked when the vehicle pursuit is
terminated or a traffic stop is initiated on a public roadway,
however, if the violator parks on private property not open to
the public the property owner must agree to allow the vehicle
to remain there or the Marshal must make arrangements to
remove the vehicle as described above.
10.40 IMPOUND PROCEDURE. When impounding a vehicle, the Marshal
A. Ask the owner if they have a wrecker preference.
B. Contact the Dispatcher or the dispatcher within the
jurisdiction for the next available wrecker.
10.41 INVENTORY SEARCHES. Marshals will conduct inventory searches
of all impounded vehicles prior to towing to a storage area to
protect the vehicle owner's property from misdeed and to
protect the Marshal, the Marshal Service and the Cherokee
Nation from liability claims.
A. Inventory searches should be conducted in the following
1. The inventory search should be conducted in the
presence of the vehicle owner or operator if
2. All containers in a vehicle should be searched.
Containers that cannot be opened without causing
physical damage will be opened only with
3. A Vehicle Tow-In Report should be completed, noting
the disposition of items of apparent value that are
removed from the vehicle;
4. A Property Received and Stolen Goods form should be
completed, listing all items removed from vehicle;
5. Any items inventoried and removed should be taken
to the property room. If contraband or evidence of
a crime is discovered during the inventory search,
the Vehicle Tow-In Report should reflect the
following, if known:
a. Property receipt number;
b. Case number
10.42 VEHICLES OF ARRESTEES AS EVIDENCE. If a driver or owner is
arrested and the vehicle is to be held for evidential
purposes, Marshals should:
A. Impound the vehicle by having the vehicle towed to a
wrecker lot in a secure area inaccessible to the public
B. Process the vehicle, or make arrangements for forensic
experts to process, if necessary;
C. Give an explanation on a Tow-In Report as to the basis
for placing a hold on the vehicle and who the vehicle is
being held for, such as Marshal Service investigators or
10.43 TOW IN REPORT. A completed Tow-In Report is to be distributed
a. A copy is distributed to the Records Division;
b. A copy is given to the wrecker driver when the
wrecker driver arrives to tow the vehicle;
10.44 HOLDS PLACED ON IMPOUNDED VEHICLES.
A. Investigative Holds. An investigative hold may be
placed on an impounded vehicle if the vehicle is/or
contains evidence of a crime.
1. Copies of Holds for Detectives and Court Liaisons.
When a Marshal places a hold on an impounded
vehicle, the Marshal will make two photocopies of
the Tow-In Report and the original report. One
copy will be given to the Marshal Service
B. Holds Due to Expired License Plates. If a driver is
cited or arrested for vehicle that bears a license plate
that has been expired for a period of 90 days or
greater, the Marshal may impound the vehicle.
a. If the vehicle is impounded, the Marshal will place
a hold on the vehicle for the Cherokee Nation Tax
Commission or the Oklahoma Tax Commission pursuant
to tribal law and/or State of Oklahoma 47 O.S. sec.
115.1. The driver should also be cited or arrested
for failure to pay taxes due to the Cherokee Nation
b. If a hold is placed on the impounded vehicle for
taxes due to the nation or state, the Marshal will
forward one photocopy of the Tow-In Report to the
dispatcher, the dispatcher will forward a copy to
the Department of Public Safety.
C. Release of Holds. Marshal Service holds will be
released by the marshal placing the hold on the vehicle.
10.45 CHARGES FOR IMPOUNDMENT. Owners will be informed that payment
of impoundment and storage fees does not include payment for
any traffic citations. Total impoundment or storage charges
may be obtained by contacting the wrecker company that towed
the vehicle. The Marshal Service does not pay for the towing
and impoundment charges even if the vehicle is being held for
the investigation of a crime.
10.46 RELEASE OF IMPOUNDED VEHICLES FROM THE MARSHAL SERVICE. A
vehicle that has been towed at the direction of the Marshal
Service will not be released unless the owner furnishes the
following to the courthouse security office:
A. The owner must produce:
1. The title of the vehicle with the owner's name;
2. An official driver's license or state I.D. card of
B. If the owner of a vehicle is not an Oklahoma resident or
is otherwise out of town, the owner may do the following
for release of the vehicle:
1. Arrange to provide a copy of the title with the
owner's name to the Marshal Service via mail or
2. Arrange to provide a copy of the owner's official
I.D. or driver's license via mail or facsimile;
3. Arrange to provide a notarized letter stating that
the owner is giving the Marshal Service permission
to release the vehicle to another specified
individual. This may be provided to the Marshal
Service via mail or facsimile.
10.47 RELEASE OF IMPOUNDED VEHICLE. Upon satisfaction of the above
conditions, the Marshal Service will provide a completed
Vehicle Release Form to the owner, which may then be presented
to the towing company. The wrecker company that towed the
impounded vehicle is responsible for releasing the vehicle to
the owner or appropriate designee upon payment of any
10.48 MARSHAL SERVICE DISPATCH RESPONSIBILITIES.
A. Notifying the Vehicle Owner. Upon receiving a Tow-In
Report, the records division will attempt to identify
the vehicles' registered owner and provide the owner
with information concerning:
1. The location where the vehicle is being stored in
2. The date and reason for impoundment;
3. Holds placed on the vehicle;
4. That failure to obtain release of the motor vehicle
within thirty (30) days after impoundment may cause
it to be sold at auction.
10.49 MAINTAINING RECORDS OR VEHICLES TOWED AT THE DIRECTION OF THE
MARSHAL SERVICE. The Marshal Service Dispatcher assumes the
responsibility for maintaining records of all vehicles towed
at the direction of the Marshal Service.
10.50 VEHICLE PURSUIT POLICY. The Cherokee Nation Marshal Service
Marshals may initiate a vehicle pursuit when they have reason
to believe a felony or serious crime has occurred and the
suspect clearly exhibits the intention of avoiding arrest by
using a vehicle to flee or refusing to stop their vehicle.
Pursuing an eluder who is endangering the public will not be
continued without supervisor approval and Marshals must
terminate such pursuit if, after evaluation, the danger of
pursuit outweighs the benefit of immediate apprehension.
A. Marked Patrol Vehicles: A marked patrol vehicle is
equipped with mounted red and blue rotating or flashing
lights, flashing headlights, rear deck lights,
spotlights and mounted siren. The marked patrol vehicle
will also have: the official Marshal Service star,
agency authority (MARSHAL), emergency telephone number,
unit number, and other approved decals.
B. Unmarked Vehicles: Unmarked vehicles are those vehicles
that have no emergency equipment or markings or those
vehicles that have front mounted red, blue and white
lights, flashing headlights, rear deck and/or mounted
dash lights visible for 360 degrees. The official
Marshal Service insignia, markings and decals are not
10.52 PURSUIT PROCEDURE FOR PRIMARY UNIT.
A. Initiation. A Marshal may initiate a vehicular pursuit
when the suspect clearly exhibits the intent to avoid
arrest by using a vehicle to flee or fails to stop. The
initiating marshal must immediately notify the
supervisor for approval to continue the pursuit.
1. Unmarked vehicles will not make routine traffic
stops, nor will they initiate or engage in a
pursuit except in a critical life and death
2. If an unmarked vehicle initiates a pursuit, they
remain the primary unit until relieved by the first
responding marked unit.
B. Equipment. The Marshal will use all available emergency
equipment such as red and blue lights, headlights and
siren for the duration of the pursuit.
C. Safety. Marshals will operate their units with due
regard for the safety of the public, themselves and the
D. Communication. Marshals will immediately notify the
dispatcher of any pursuit, requesting that their
supervisor be notified, and communicate the following
1. A pursuit is being initiated;
2. Location and direction of travel;
3. The reason for the pursuit;
4. A complete description of the fleeing vehicle;
5. License plate number and state of issue;
6. Number of occupants and description;
8. Traffic and road conditions.
E. Continuous Evaluation. Marshals and supervisors will
continuously evaluate the pursuit to determine if the
seriousness of the known offense reasonably warrants the
continuation of the pursuit.
1. They will consider such factors as the likelihood
of injury, property damage, pedestrian and vehicle
traffic, time of day, weather and road conditions,
familiarity with the area, the identity of the
suspect, probability of apprehension and the reason
for the pursuit.
2. If the danger outweighs the benefits of
apprehension, the Marshal will immediately
terminate the pursuit.
F. Distance. Marshals involved in a pursuit will maintain a
safe distance between the Marshal Service vehicle and
the suspect vehicle.
G. Chain of Command. The initiating Marshal will be in
command of the pursuit and bear the operational
responsibility unless relieved by a supervisor; however,
the authority of the primary unit pertains only to the
field operation of the pursuit and is subordinate to the
authority of any field supervisor.
H. Termination. Supervisors will terminate a pursuit if
the aboveguidelines are not followed or if they find the
risk of the pursuit unreasonable to safety.
10.53 SECONDARY UNIT RESPONSIBILITY FOR PURSUITS.
A. Notify the dispatcher that they are joining the pursuit;
B. Operate their marked Marshal Service vehicle within
C. Assume responsibility for radio communications to allow
the primary unit to devote full attention to driving;
D. Maintain a safe distance between their vehicle and the
primary vehicle as well as the suspect vehicle, but be
close enough to provide backup assistance if required;
E. Avoid the intersecting path of a high-speed fleeing
F. If the primary unit becomes disabled and the pursuit
continues, the backup Marshal will assume the primary
G. Unmarked Marshal Service vehicles may serve as secondary
units with the approval of the supervisor. If the
primary unit becomes disabled and the pursuit continues,
the unmarked vehicle must yield to any marked unit
joining the pursuit.
10.54 OUTSIDE LAW ENFORCEMENT AGENCIES. As a general rule, Marshals
will not assume primary responsibilities in a pursuit
initiated by another law enforcement agency.
A. Permitted Assistance. Marshals may assume a back-up
position in the pursuit and assist the initiating
officer from the outside law enforcement agency. Such
assistance may include tire deflation devices within
Marshal Service policy.
B. Reports. Any Marshal assisting in a pursuit with an
outside agency, who assumes a back-up position and
deploys a tire deflation device, will complete a full
report to be submitted to the supervisor.
10.55 DISPATCHER AND COMMUNICATIONS RESPONSIBILITIES DURING A
PURSUIT. Dispatchers have the following duties in the event
of a vehicular pursuit:
A. Receive and record all incoming information on the
pursuit and pursued vehicle;
B. Immediately notify the field supervisor when a vehicular
pursuit is initiated;
C. Clear the radio sub-fleet of any unnecessary radio
traffic and advise all others that a pursuit is in
progress, providing all relevant information;
D. Control all radio communications during the pursuit;
E. Coordinate assistance under the direction of the field
F. Continue to monitor the pursuit until it is terminated.
10.56 SUPERVISOR RESPONSIBILITIES DURING PURSUIT. The field
supervisor on shift will monitor the pursuit, having the
authority to take command, and assume the role of Pursuit
Commander. The Pursuit Commander will be responsible for the
A. Approving the continuation of a pursuit;
B. Approving or ordering alternative tactics such as stop
C. Verifying the following:
1. No more than the required or necessary marshal
service vehicles are involved in the pursuit;
2. The proper radio frequency is being utilized;
3. The affected outside agencies are being notified;
4. An aerial unit has been requested, if appropriate;
D. The Pursuit Commander will respond to the final
destination point of a pursuit to conduct a debriefing
and coordinate the efforts of involved personnel, if:
1. The suspect eludes capture and a search is
2. The suspect is apprehended.
10.57PURSUIT DRIVING TACTICS PROHIBITIONS. Reckless or hazardous
driving maneuvers are prohibited for any pursuing Marshal
A. Parallel pursuits are prohibited, as it greatly
increases the risk of collision and danger to Marshals
B. Marshal Service units will not caravan unless directly
involved in the pursuit and authorized by a supervisor;
C. There will be no attempt to pass any other law
enforcement vehicle involved in a pursuit unless
permission has been granted by the field supervisor;
D. Usually, no more than two units will be involved in a
pursuit. This may be modified by a field supervisor to
ensure an adequate number of Marshals at the termination
E. Marshals will not pursue a vehicle in the wrong lane of
F. Marshals will not pursue a vehicle entering into, or
passing through, a school zone during daylight hours.
Once the Marshal has cleared the school zone, the
pursuit may be resumed, if appropriate.
10.58PACING DURING PURSUIT. All units involved in the pursuit will
space themselves in a manner that will ensure proper braking
and reaction time in the event the suspect vehicle stops,
slows or turns.
10.59 SAFETY DURING PURSUIT. Marshals must always use due regard to
safety while operating a Marshal Service vehicle and use
extreme caution when disregarding traffic control devices.
10.60 PURSUIT TERMINATION TACTICS.
A. Termination Upon Safety Decision. A Marshal must
terminate any pursuit when the danger of the pursuit
outweighs the benefits of apprehension.
B. Supervisory Termination. Any supervisor may terminate a
pursuit when they feel the situation becomes too
10.61 ROADBLOCKS. The use of roadblocks is prohibited.
10.62 VEHICULAR CONTACT PROHIBITED UNLESS NECESSARY. In the course
of a pursuit, the deliberate contact between vehicles or
forcing a pursued vehicle into any obstacle is prohibited,
unless such actions are specifically used in a situation where
there is a clear and present danger which can only be
prevented by the use of such tactics and the use of deadly
force would be justified.
10.63 VEHICLE STOP AFTER PURSUIT. If the pursued vehicle is stopped,
Marshals will initiate a proper felony vehicle stop; however,
Marshals will use extreme caution and under no circumstances
run up to the stopped vehicle.
10.64 PURSUIT REVIEW. A comprehensive report will be completed by
the involved Marshals and will be submitted to the Operations
Lieutenant no later than the end of their shift.
A. Review. Pursuits will be reviewed by the first line
supervisor and Patrol Lieutenant to determine if the
pursuits were within Marshal Service Policy. If the
determination is made the pursuit was not within Marshal
Service Policy, a recommedation will be made to forward
the results to a review board. In either event, a copy
of the review will be kept by the Operations Lieutenant
and forwarded to the Captain.
B Review Board. The board will be formed and will meet at
the discretion of the Marshal.
C. Review Results and Maintenance. The review board
chairperson will forward the results of the review board
to the Marshal, via the Captain, with recommendations.
The pursuit report and review board findings will be
maintained by the Operations Lieutenant.
D. Annual Review. Pursuit forms will be reviewed annually
and a documented analysis will be conducted to identify
any training needs or other concerns.
10.65 PURPOSE OF ACCIDENT INVESTIGATIONS. As a full-service law
enforcement agency, the CNMS performs a variety of traffic
accident investigations including and providing emergency
service to the injured, protecting the accident scene,
conducting accident investigations and follow-ups, preparing
reports and taking proper enforcement action.
10.66 ACCIDENTS OUTSIDE OF CNMS JURISDICTION. If a marshal is the
first to arrive at an accident scene, the marshal will
relinquish command of the scene to the primary agency within
that jurisdiction or to the highway patrol.
10.67 STANDARD ACCIDENT REPORT FORMS. The CNMS maintains copies of
the applicable standard accident report forms.
10.68 GENERAL ACCIDENT REPORTING AND INVESTIGATION PROCEDURES.
A. Marshals must be familiar with applicable local, tribal,
state, and Federal laws regarding the reporting of
traffic accidents. They should also be familiar with
program requirements for officers involved in traffic
B. Marshals who investigate accidents conduct
investigations that are thorough and well documented.
C. A Marshal responds to and prepares a report of the
accident and any applicable crimes when any accident
1. Death or injury,
2. Damage to either public or private property if the
damage exceeds the amount designated in applicable
local, tribal or state law;
3. Hit and run;
4. Driver impairment due to alcohol and drugs;
5. Hazardous materials;
6. Any accident involving government property,
vehicles, equipment or facilities;
7. Any accident involving disturbances between parties
or which create major traffic congestion as a
result of the accident or where vehicles are
damaged to the extent that towing is required.
8. Any other type of accident in which a report is
required by applicable federal, state or tribal
10.69 ACCIDENT SCENE RESPONSIBILITIES OF THE FIRST MARSHAL AT THE
A. Administer emergency medical care (basic life support
measures) pending arrival of advance medical responders.
C. Summon additional help as required (Other Officers,
rescue, tow truck, etc.).
D. Protect the accident scene.
E. Preserve and photograph evidence such as, but not
limited to, broken parts, skid marks, etc.
F. Establish a safe traffic pattern around the scene.
G. Locate witnesses and record key accident information
(license numbers, observation of damage before vehicles
are moved, etc.).
H. Expedite removal from roadway of vehicles, persons, and
debris (in property damage only accidents, where
possible, get vehicles off roadway immediately to get
I. The Marshal assigned to an accident has the
responsibility and authority to request assistance from
any other Marshals as needed.
J. In any accident which involves a fatality and which
occurs in the Cherokee Nation’s jurisdiction, Marshals
notify a criminal investigator to make a determination
if a crime has been committed and what additional
actions should be taken.
K. The first Marshal at the scene is also the primary
investigating Marshal and in charge at the scene, unless
the supervisor deems it more appropriate to assign
another Marshal these responsibilities.
10.70 ACCIDENT SCENE PROCEDURES. Upon the receipt of a report of a
motor vehicle accident that requires the services of the CNMS,
the Marshal assigned proceeds directly to the scene.
A. Marshals do not park police vehicles at the scene in a
manner that endangers other pedestrians, motorists, or
citizens. The Marshal considers using the police vehicle
as a shield to protect the scene as well as himself and
leaves the emergency lights on.
B. During periods of reduced visibility or darkness, the
Marshal puts on a reflectorized safety vest before
leaving the vehicle. Flares or reflectors are available
in each police vehicle for use in creating an
illuminated warning pattern to alert other motorists.
C. In case of danger of fire from leaking or ruptured gas
tanks or where there is any major crash of two or more
vehicles in which there is any sign of hazardous
materials having been transported, the Marshal calls out
the fire department hazardous materials responder.
D. Marshals have immediate access to a copy of the current
emergency response guidebook, which permits both rapid
identification of DOT vehicles, and contains placards
for hazardous materials and gives information concerning
the nature of the hazard, emergency procedures, and
1. Any Marshal arriving at the scene of such an
accident and seeing hazardous materials placards
immediately request that the fire department
2. The designated hazardous materials incident
responder assumes control of any scene involving
hazardous materials, and all Marshals provide
support as required. Any investigation of the
accident occurs after approval by the hazardous
materials incident responder.
3. Any property belonging to accident victims must be
protected from theft or pilferage. If the vehicle
and its contents are not released at the scene,
Marshals inventory it as required.
10.71 EXTREMELY INCLEMENT WEATHER. In case of extremely inclement
weather where an accident involves only property damage, the
dispatcher or marshal may, with the supervisor's approval,
obtain information over the phone to complete the accident
report and request that the involved parties come to the
offices and file a report within the time imposed by local,
tribal or state laws.
The employee taking the telephone report records the name,
address, operator license number, and telephone number of all
involved drivers and forwards them to the shift supervisor or
his designee who will confirm the filing of the report.
10.72 ACCIDENT INVESTIGATION PROCEDURES. At the scene of the
accident, the investigating officer conducts a thorough
investigation. The investigation includes, but is not limited
A. Interviewing principals, witnesses, and securing
necessary identity/address information.
B. Examining/recording vehicle damage.
C. Examining/recording effects of the accident on the
roadway or off the roadway or other property/structures,
D. Taking measurements as appropriate.
E. Taking photographs as appropriate.
F. Collecting/processing evidence.
G. Exchanging information among principals.
H. Completing an accident diagram as appropriate.
10.73 ACCIDENT INVESTIGATION FOLLOW-UP ACTIVITIES MAY INCLUDE:
A. Collecting of additional scene data.
B. Obtaining/recording formal statements from witnesses.
C. Reconstructing accidents.
D. Submitting evidentiary materials for laboratory
E. Preparing accident or offense reports arising from the
10.74 SERIOUS ACCIDENTS INVOLVING SEVERE INJURIES, FATALITIES,
MULTIPLE VEHICLES, ETC. It may be necessary to assign a
criminal investigator who may summon expert or technical
assistance from photographers, surveyors, mechanics,
physicians, and accident crash team specialists.
10.75 TRAFFIC CONTROL PROCEDURES. Marshal Service Personnel wear
reflective clothing when either directing traffic or on the
roadway controlling traffic. The Marshal or designee ensures
that officers are trained on manual methods of traffic
control. Manual operation of traffic control devices is
A. When traffic lights malfunction.
B. To facilitate movement at traffic accidents or other
C. To provide a thoroughfare for a motorcade or funeral
D. To alleviate congestion resulting from use of automatic
controls particularly during planned, special events.
10.76 SPECIAL EVENT TRAFFIC CONTROL. For any special event, the
Marshal or designee ensures the preparation and implementation
of a special traffic plan that addresses:
A. Ingress an egress of vehicles and pedestrians,
B. Provisions for parking, and spectator control,
C. Public transportation,
D. Assignment of point control duties and relief’s;
alternate traffic routing,
E. Temporary traffic controls and parking prohibitions,
F. Emergency vehicle access, and
G. Appropriate media coverage of such plans.
10.77 RESPONDING TO THE SCENE OF A FIRE CALL. Marshals will ensure
observance of the following rules:
A. No vehicles, except properly identified firemen, are
allowed into the block where fire apparatus is parked
B. No vehicles are allowed to cross fire hoses without
approval of the fire chief.
C. In case of fires at a facility such as a hospital or
jail, no vehicles except properly identified firemen,
are allowed on the grounds.
D. The exception to the rules above will be life-saving
vehicles on actual calls for services.
E. Vehicles that are parked which interfere with fire
operations may be towed as needed.
10.78 TRAFFIC DURING ADVERSE ROAD AND WEATHER CONDITIONS.
A. The CNMS will adhear to current tribal procedure when
adverse weather conditions exist.
C. The shift supervisor requests that dispatchers notify
the proper utility company and assigns officers to
direct traffic and safeguard movement at the scene of
all downed power lines, broken gas or water mains or at
construction sites, when the situation endangers the
safe movement of traffic.
10.79 STRANDED OR DISABLED MOTORISTS. Officers provide reasonable
assistance to motorists.
A. This may include requesting the dispatcher to call
wreckers or obtaining other services as needed.
B. Time and duty permitting, the officers may assist
stranded and disabled motorists to obtain fuel and
repairs, but officers are not required or authorized to
perform the repairs personally.
C. Under normal circumstances, police vehicles may not be
used to jump-start or push non-governmental owned
10.80 USE OF OCCUPANT RESTRAINING DEVICES. Marshals will use
seatbelts in accordance to Cherokee Nation Policy. An
exception to this is for officer safety reasons such as when
arriving at a call or incident.
A. All passengers including prisoners will be seatbelted
when transporting in a Marshal vehicle. Marshals will
notify the dispatcher when passengers are inside their
10.81 ROADSIDE SAFETY CHECKS. The CNMS will conduct roadside safety
checks to enforce tribal or state laws to promote the safety
of the citizens using the public roads and provide a deterrent
for those who violate laws. The objective of the roadside
safety checks are to identify persons operating motor
A. Under the influence of alcohol or drugs;
B. With no valid insurance verification;
C. With unsafe equipment;
D. Having no valid driver’s license.
10.82 ROADSIDE SAFETY CHECK PROCEDURE. The roadside safety check
procedure adopted by the Marshal will be measured against the
1. Enhancement of Marshal and motorist safety;
2. Avoidance of undue inconvenience to the public;
3. The deterrent effect created by the roadside safety
A. Marshals assigned to roadside safety checks do not have
the authority to change or adjust the operational plan.
Exception: The shift supervisor, may adjust the plan,
but must document the reason for any adjustments.
B. Uniformed Marshals and official vehicles will be in
sufficient quantity and visibility to show the presence
of legal authority.
10.83 PATROL LIEUTENANT RESPONSIBILITIES. The Patrol Lieutenant or
A. Determine the time, date and location of the detail.
B. Prescribe the sequence of the vehicles to be stopped and
uniformly applied by the Marshals assigned to the
check, such as every 5th, 10th or 15th vehicle.
C. Designate a supervisor to oversee the planning and
performance of the safety check.
D. A supervisor or representative of an agency with primary
jurisdiction will be notified prior to the
implementation of the roadside safety check.
10.84 DESIGNATED SUPERVISOR’S RESPONSIBILITIES. The designated
supervisor of the check will:
A. Arrange close cooperation between the check operation
communications to ensure rapid reply when a radio check
is considered necessary.
B. Determine that computer files are accessible and there
is no anticipated delay in response time.
C. Ensure the location of the roadside safety check
fulfills the following minimum requirements:
1. It was selected for its safety and visibility to
2. There is ample room for Marshal and subject
3. A secondary screening area is available;
4. It is free from business and residential driveways,
alleys and arterial streets and highways;
5. All roadways and parking areas are well drained;
6. There is freedom from obvious hazards in the
7. Adequate advance warning signs and sufficient
lighting are used to ensure motorists and Marshal
D. Opportunity is reduced for unsafe or illegally operated
motor vehicle to avoid or escape the check point.
E. Ensure that all involved personnel and equipment are in
the proper place and ready to proceed before the first
subject vehicle is stopped.
10.85 ROADSIDE SAFETY CHECK OPERATION. Marshals working check
points will check motorist’s drivers license. A driver's
license that appears valid on its face will be considered as
prima facie proof that the driver is in compliance with the
Oklahoma drivers license law.
A. A check of state of Oklahoma driver’s license files will
not be made unless the Marshal has a significant reason
or grounds to believe that a violation has been or is
B. Marshals will direct drivers, of whom the Marshal has
probable cause to believe are in violation of the law,
to a secondary screening area and take appropriate
C. Marshals will listen for speech difficulties and look
for signs that might indicate intoxication;
D. Marshals will check vehicles for any equipment
E. Marshals will not allow traffic to accumulate, since
traffic congestion depletes the successfulness of the
11.0 JUVENILE JUSTICE AND SERVICE TO CHILDREN. The purpose of this
chapter is to set forth basic law enforcement
procedures related to investigations of child abuse,
neglect and child
11.1 INVESTIGATIONS OF CHILD ABUSE. shall be conducted by
Marshals designated by the Marshal. When there is
concurrent jurisdiction by state or federal agencies such
investigations shall be coordinated.
11.2 REPORTING PROTOCOL. shall include Indian Child Welfare
official sharing responsibility for the social services
function and will be coordinated using the child protection
11.3 GUIDANCE FOR LAW ENFORCEMENT OFFICIALS. Applicable Federal,
State, or tribal laws and procedure shall be followed.
11.4 REPORTS ON CHILD ABUSE, shall be given highest priority for
investigation and shall only be closed with the approval of
11.5 JUVENILES TAKEN INTO CUSTODY. Juveniles should not be taken
into custody unless
A. There is a warrant or order by a court;
B. A Marshal has probable cause to believe the juvenile
is a runaway or circumstances are such the juvenile's health
or safety is in jeopardy or;
C. The juvenile has committed a criminal violation in the
presence of a Marshal or;
D. There is probable cause to believe a major crime has been
committed and the juvenile needs to be taken into
custody immediately for justifiable reasons pending
issuance of a warrant or court order.
11.6 WHEN TAKING A JUVENILE INTO CUSTODY ON SCHOOL GROUNDS. When
taking a juvenile into custody on the grounds of a school,
A. Inform the school principal or other official of the
B. Exercise good judgment is determining where on the
grounds the juvenile is taken into custody,
C. Apply restraints
11.7 NOTIFICATION OF JUVENILE ARREST: Marshals notify parent,
guardian or legal custodian that the juvenile has been taken
into custody and the basis for this action immediately upon
taking the juvenile into custody and request that they come to
the law enforcement facility.
11.8 PROCEDURE AFTER TAKING A JUVENILE INTO CUSTODY. As soon as
possible the Marshal shall notify Indian Child welfare or
Department of Human Services representative, the parents or
guardians and the appropriate court official for the
juvenile to appear forthwith at the appointed time and
11.9 RELEASE FROM CUSTODY. The court's direction will determine
release of juveniles if they are taken into custody pursuant to a
warrant or order. If a Marshal has taken the juvenile into
custody without the benefit of a warrant or order as
authorized above he or she may release the juvenile at the
Marshal's discretion to a responsible guardian or caretaker
with a signed statement by the adult that the juvenile
will appear in court at the appointed time and place directed
by the court.
11.10 ACCESS TO JUVENILE DETENTION FACILITY. Only those juvenile
facilities licenced to house juveniles will be untilized by
11.11 PROHIBITION AGAINST DETENTION OF STATUS OFFENDERS. Juveniles
who are status offenders may not be held in secure detention
except as allowed by federal law and/or tribal law.
11.12 STANDARDS FOR SEARCHES OF JUVENILES. Unless superseded by
applicable federal, state or tribal law, law enforcement
officers use the same standards to perform searches incident
to arrest as apply to the arrest of an adult.
11.13 USE OF FORCE, JUVENILES. A law enforcement officer lawfully
taking a juvenile into custody has the right to use reasonable
force to take the juvenile into custody. The degree of force
used depends on the seriousness of the offense and the
resistance offered. A law enforcement officer may use deadly
force when taking a juvenile into custody if that officer has
reasonable belief that his life or that of another person is
in immediate danger or in danger of serious bodily injury.
1. Court. This is the Tribal Juvenile Court or other
Juvenile Court unless otherwise specified.
2. Custodian. This is any person who is under legal
obligation to provide care and support for a juvenile
and who is in fact providing care and support for that
3. Delinquent Act. This is an act committed by a child that
would be considered a public offense if it were
committed by an adult, including a violation of federal,
state, or tribal law.
4. Juvenile. This is any person under the age of 18 years.
This is a person who has not attained his eighteenth
birthday or, for purposes of juvenile court proceeding,
a child less than twenty-one years of age who became the
subject of a juvenile court proceeding before the
child’s eighteenth birthday.
5. Juvenile Delinquent. This is a juvenile who has violated
a federal, state, or tribal law and whose case has been
referred to a juvenile court.
6. Juvenile Detention. This is the temporary care of a
youth alleged to be delinquent, who requires secure
custody in a physically restricting facility.
7. Juvenile Detention Facility. This is a local confinement
facility for the temporary care of juvenile offenders
and juveniles alleged to be delinquent who require
secure custody in a physically restricting facility for
more than 24 hours.
8. Juvenile Intake. This is a decision making process,
controlled by the court of juvenile jurisdiction, which
determines whether the interests of the public or the
juvenile require the filing of a petition with the
juvenile court. Generally, a intake officer receives,
reviews and processes complaints, recommends detention
or release, and provides services for juveniles and
their families, including diversion and referral to
other community agencies.
9. Minor. This is the same as juvenile.
10. Parent. This is the natural or adoptive parent or
parents, including traditional adoption by tribal
11. Runaway. This is a juvenile who is not married or
recognized as independent and is voluntarily absent from
the home of the juvenile's parent, guardian, or
custodian, without permission.
12. Status Offense. This is an act committed by a juvenile
or child which is an offense only because it is
committed by a juvenile, i.e. an adult committing the
same act would not be charged with an offense (e.g.
underage drinking, truancy, curfew violation, runaway,
purchasing tobacco, etc.).
13. Status Offender or Unruly Child. This is a juvenile who
has committed a status offense that is an offense only
when committed by a juvenile.
11.14 INTERVIEWING JUVENILES AS POTENTIAL SUSPECTS. Juveniles taken
into custody as potential suspects will be advise of their
right to have their parent, guardian, or legal custodian
present during the interview.
A. A juvenile taken into custody will be informed of his
Miranda rights in a manner that is understandable to the
B. Law enforcement officers do not interview juveniles out
of the presence of their parent, guardian or legal
11.15 DECISION TO RELEASE OR TO DETAIN. Unless superseded by
applicable federal, state or tribal law, Marshals release
juveniles whom they have taken into custody into the care and
custody of a parent, guardian, or legal custodian as soon as
possible unless there is reason to believe that:
A. The juvenile would endanger himself or others if
B. The juvenile would not return for a court hearing, or
C. The juvenile would not remain in the care or control of
a person into whose lawful custody he had been placed,
D. The health and welfare of the juvenile would be
11.16 IF THE JUVENILE IS NOT GOING TO BE RELEASED into the custody
of parent, guardian, or legal custodian, the Marshal notifies
the court of the juvenile’s detention and the reason for the
detention as soon as possible, but in no case later than the
next working day after the juvenile has been detained or
placed in shelter care (protective custody).
11.17 NOTIFICATION OF SOCIAL SERVICES AND JUVENILE INTAKE OFFICERS.
When a Marshal takes a juvenile into custody, he immediately
advises the local social services office, and the juvenile
intake officer, if available, to assist with the juvenile’s
care, and interaction with the court.
11.18 MEDICAL AND ALCOHOL EVALUATION OF JUVENILES.
A. When a juvenile is taken into custody and is in need of
medical treatment, the Marshal transports the juvenile to a
medical facility to receive such treatment prior to taking
the juvenile to a law enforcement or detention facility.
B. When a juvenile is under the influence of alcohol or drugs,
the law enforcement officer transports the juvenile to a
medical facility or other program that has been authorized
to perform substance abuse assessments of juveniles.
C. The Marshal requests that the evaluating medical facility
or other program document the results of their evaluation.
D. The Marshal prepares a written report that explains the
reason for the medical and/or substance abuse evaluation.
11.19 FINGERPRINTING AND PHOTOGRAPHING JUVENILES. Juveniles who are
under investigation for an alleged offense are not
A. When a written court order for such photographs has been
B. To document injuries that the juvenile may have
C. When latent fingerprints are discovered during an
investigation of an offense and there is probable cause
to believe that the fingerprints are those of the
juvenile. A written court order will be obtained prior
to collecting the fingerprints.
D. The juvenile’s fingerprint record will be destroyed
immediately if it is shown that the juvenile’s fingerprints
do not match those at the scene.
FAMILY VIOLENCE AND CHILD ABUSE
12.0 PRIMACY OF APPLICABLE LAW. This section establishes guidelines
for investigating child abuse and neglect allegations,
including child sexual abuse and investigations which involve
multiple victims or multiple suspects. There is considerable
variation in law regarding child abuse. These guidelines are
intended to be consistent with applicable law. If
inconsistencies are found, applicable Federal, state or tribal
12.1 REPORTS OF ABUSE AND NEGLECT. All allegations of child abuses
will be written and reported to an investigator who will be
responsible for notifications to other authorities responsible for
investigation and child welfare. The official receiving the
allegation should record the following:
A. The name, address, age and sex of the child subject of the
report, including current whereabouts;
B. The grade and school where the child attends or
C. The parents' or guardians' names, addresses, phone
D. The name, address, workplace of alleged offender;
E. The reporting party; and
F. A narrative as to the allegations and any other
12.2 FAILURE TO REPORT ALLEGATIONS is a criminal offense under
state, tribal and federal law. Any allegation of child abuse
in Indian country must be reported to the FBI within 36 hours from the
time the Marshal Service receives such information.
12.3 MARSHAL SERVICE PERSONNEL OBLIGATED TO REPORT CHILD ABUSE. All
Cherokee Nation Marshal Service employees are obligated to
report immediately all known or suspected child abuse
12.4 MANDATED REPORTERS OF SUSPECTED CHILD ABUSE. The following
professionals working in areas in which children are cared for
or reside, are required to report suspected child abuse to an
investigative agency designated to receive and investigate
A. Physicians, dentists, medical residents or interns,
hospital personnel and administrators, nurses, health
care practitioners, chiropractors, osteopaths, pharma-
cists, optometrists, podiatrists, emergency medical
technicians, ambulance drivers, undertakers, coroners,
medical examiners, alcohol or drug treatment personnel,
and persons performing a healing role or practicing the
B. Psychologists, psychiatrists, and mental health
C. Social workers, licensed or unlicensed marriage
counselors and individual counselors.
D. Teachers, teacher's aides or assistants, school
counselors and guidance personnel, school officials, and
E. Child care workers and administrators.
F. Law enforcement personnel, probation officers, criminal
prosecutors, and juvenile rehabilitation or detention
G. Foster parents.
H. Commercial film and photo processors.
12.5 TRAINING REQUIREMENTS. All marshals must be trained in
preliminary child abuse investigative techniques including,
but not limited to identification, preliminary investigation,
initial report taking/referral, and risk assessment.
1. Child Abuse. This is an offense that includes, but is
not limited to, any case in which:
A. A child is found dead or exhibits evidence of skin
bruising, bleeding, malnutrition, burns, fracture
of any bone, subdural hematoma (head injury),
excessive swelling, and
B. Such condition is not justifiably explained or may
not be the product of an accident; and
C. Any case in which a child is subjected to sexual
assault, sexual molestation, sexual exploitation,
sexual contact, or prostitution.
2. Child Neglect. This is an offense which includes, but is
not limited to, negligent treatment of a child or
maltreatment of a child by a person, including a person
responsible for the child's welfare, under circumstances
which indicate that the child's health or welfare is
harmed or threatened thereby.
3. Child Protective Services (CPS) Agency. This is the
Tribal, state, or local social service organization,
charged with delivering child protective services.
4. Court. This is the Tribal Juvenile Court or other
Juvenile Court unless otherwise specified.
5. Custodian. This is any person who is under a legal
obligation to provide care and support for a juvenile
and who is in fact providing care and support for that
6. Dependent Child. This is a juvenile who is without
parent, guardian, or custodian or who is in need of
special care and treatment required by a mental or
physical condition and whose parent, guardian, or
custodian is unable to provide the special care and
treatment, or whose parent, guardian, or custodian
desires to be relieved of care and custody, for good
7. Delinquent Act. This is an act committed by a child that
would be considered a public offense if it were
committed by an adult, including a violation of federal,
state, or tribal law.
8. Domestic Abuse. This is any act or incident committed
against an adult, or juvenile, who is a “family or
household member” as defined below which is a crime
under local law or which results in physical harm,
bodily injury or assault, or the threat thereof, which
places a person in reasonable fear of imminent physical
harm or bodily injury.
9. Family or Household Member. This is a spouse, former
spouse, parent, blood or adoptive relative, extended
family member, persons related by marriage, or any
persons residing together.
10. Incorrigible. This is a child adjudicated as habitually
delinquent or as one who refuses to obey the reasonable
orders of parents, guardians, or custodians; and who is
beyond the control of such person, or who is habitually
a truant, a runaway, or one who behaves in a way likely
to injure or endanger his/her health or others.
11. Multi-Disciplinary Team (MDT). This is an association of
appropriate law enforcement agencies; child protective
services agencies, and the prosecuting attorney's office
that investigates complex child abuse or neglect cases.
It may include medical practitioners and the Victim
12. Child Protective Services. This is any agency of the
federal, or state government, or of an Indian tribe that
has the primary responsibility for child protection on
any Indian reservation or within the Indian community.
13. Multiple Victim Cases. These are child abuse cases that
arise in a setting where several children are at risk of
being victimized by one or more of the offenders.
14. Multiple Suspect Cases. These are child abuse cases that
arise where more than one suspect has been named by
children as having participated in or been aware of the
abuse against one or more children.
15. Neglected Child. This is:
A. A juvenile who is abandoned by his or her parent,
guardian, or custodian, or
B. A juvenile who is without proper care because of
faults or habits of the parent, guardian, or
C. A juvenile who is without necessary subsistence, or
other care necessary for physical, mental or moral
well-being because the parent, guardian or
custodian neglects or refuses to provide the
16. Parent. This is the natural or adoptive parent or
parents, including traditional adoption by tribal
17. Person Responsible for Child’s Care. This is the parent,
guardian, teacher, school administrator, or other lawful
custodian having either full-time or short-term
responsibility for the care of the juvenile.
18. Physical Abuse. This is any physical injury, either
intentionally inflicted or as a direct result of a
violation of a federal, state or tribal law, inflicted
by another person.
19. Runaway. This is a juvenile who is not married or
recognized as independent and is voluntarily absent from
the home of the juvenile's parent, guardian, or
custodian, without permission.
20. Sexual Abuse. This is:
A. Contact between the penis and the vulva or the
penis and the anus, or
B. Contact between the mouth and the penis, the mouth
and the vulva or the mouth and the anus, or
C. Penetration, however slight, of the anal or genital
opening of another by a hand or finger or by any
object, with intent to abuse, humiliate, harass,
degrade, or arouse another, or
D. The intentional touching, either directly or
through the clothing, of the genitalia, anus,
groin, breast, or buttocks of any person with an
intent to abuse, humiliate, harass, degrade, or
arouse another, or
E. The intentional forcing, coercing or deceiving of
another to touch, either directly or through the
clothing, the genitalia, anus, groin, breast, or
buttocks of any person with intent to abuse,
humiliate, harass, degrade, or arouse.
21. Standardized Child Abuse Report. This is a Department of
Justice mandated form, which is completed as part of an
initial investigation and which contains the following
A. The name, address, age, and sex of the child that
is the subject of the report,
B. The grade and the school in which the child is
C. The name and address of the child's parents or
other person responsible for the child’s care,
D. The name and address of the alleged offender,
E. The name and address of the person, who made the
report to the agency,
F. A brief narrative of the nature and extent of the
child's injury or the offense, including any
previously reported, known, or suspected abuses of
the child or the child's siblings and the suspected
date of the abuse, and
G. Any other information the agency or the person who
made the report to the agency believes to be
important to the investigation and disposition of
the alleged abuse.
22. Status Offense. This is an act committed by a juvenile
or child which is an offense only because it is
committed by a juvenile, i.e. an adult committing the
same act would not be charged with an offense (e.g.
underage drinking, truancy, curfew violation, runaway,
purchasing tobacco, etc.).
23. Status Offender or Unruly Child. This is a juvenile who
has committed a status offense that is an offense only
when committed by a juvenile.
12.7 REPORTING AND INVESTIGATING CHILD ABUSE.
Every marshal, investigator or administrator take necessary
and valid action to reduce the trauma to the child victim
caused by the criminal justice system while at the same time
increasing the successful prosecution of child abuse
B. Marshal utilize the standard 36-Hour report form. Local
law enforcement units ensure that allegations of sexual
abuse, serious physical injury or life threatening
neglect of a child are promptly reported and
C. Marshals are authorized to take emergency action to
protect the child when they receive from social service
or health care agencies reports of child abuse, which
involve allegations of sexual abuse, serious physical
injury or life threatening neglect of a child.
D. Marshals promptly investigate all reports received, and
whenever appropriate, conduct the investigation jointly
with social services personnel (or multi-disciplinary
team) with a view toward avoiding multiple interviews
with the child.
E. Where the report indicates the victim or abuser is an
Indian and a preliminary inquiry indicates that the
criminal violation has occurred on Indian land, the
Federal Bureau of Investigation must be notified
utlizing the 36-Hour report either:
1. Immediately for cases of imminent risk, or Within
24 hours or the next working day for other
F. In the absence of jurisdiction, Marshals receiving the
initial child abuse referral takes the information and
immediately forwards such information to the agency or
police department with jurisdiction.
12.8 GUIDELINES FOR OBTAINING INITIAL INFORMATION. The following
information may be included when obtaining an initial report:
A. Identifying information, especially the name, age, and
location of the child, and directions to the home or the
child's present location.
B. The caller's name, address, and telephone number,
relationship to the family, and willingness to give
additional information and assistance. Do not refuse to
take anonymous reports if the reporter cannot be
convinced to give his/her identity.
C. Child/family's primary form of communication, including
language and any special or handicapping conditions of
the child or family which may cause a need for
assistance in the investigation, such as hearing
impaired or developmental disability.
D. Answers to the following questions:
1. Why the report is being made at this time?
2. What is the caller's motivation for calling?
3. Were previous reports made, or does the reporter
have knowledge of previous incidents?
E. Present conditions of the child, whether there are other
children at risk, and if there is a protective person
F. Possible witnesses to the event or to the child's
G. The source of the caller's information. Is it first hand
H. A clear and detailed description of what was seen,
heard, or learned about the abuse or neglect with dates,
times, and places as nearly as possible.
I. Has the abuse/neglect been discussed with non-offending
guardian(s)? What was their response? Do they know a
report is being made?
J. Determine if there are other professionals or agencies
that know the child/family.
K. Other forms of deviant behavior in the household,
including family violence, drug/alcohol abuse or other
L. Who else lives or may be found in the household, and
what is their relationship to the child?
M. Location and identity of the suspect, even if not a
parent or primary care provider.
12.9 NON-EMERGENCY CHILD ABUSE REPORTS: For reports determined not
to be emergencies, a written referral will be made to the
local child protective services.
12.10 ASSIGNMENT OF CHILD ABUSE CASES. The C.I.U. Supervisor assigns
the case to a marshal or an investigator for a pre-
investigative evaluation to gather additional information and
determine the merits of the case.
12.11 MARSHALS CONSIDER THE FOLLOWING IN DETERMINING THE
INVESTIGATIVE STRATEGY TO BE USED.
A. Avoiding unnecessary duplication of victim interviews
through joint investigative interviews with the
appropriate CPS agency.
B. Preserving physical evidence.
C. Evaluating the effect of the disclosure upon the victim
(another reason for joint interviews).
D. Determining logistics of victim, witness, and suspect
interviews, e.g., time, place, order, etc.
E. Assessing the supportiveness of the people interacting
with the child.
F. Intervening for child's immediate protection.
G. Unless necessary to protect the child's safety or
preserve evidence in the case, scheduling interviews to
avoid disruption to the greatest degree possible (e.g.,
naps, mealtimes, school).
12.12 MARSHALS HAVE THE FOLLOWING RESPONSIBILITIES while conducting
A. Prior to arrival at the scene, obtain all pertinent
information from the radio communications officer or
other marshal who received the allegation.
B. At the time of initial contact:
1. If the marshal suspects child abuse, he explains
his role in ensuring the health and safety of the
2. If entry to the home is refused and the officer
believes entry is necessary, he may gain entry in
one of several ways:
a. In a non-emergency, obtain a court order or
b. In an emergency, forced entry without a
warrant is legal when there is probable cause
to believe that a child is in imminent
3. The officer immediately ensures the safety of the
a. Summon an ambulance or administer first aid,
b. Reassure the child that he is safe now and
that he has done nothing wrong.
C. Transport the child victim to a safe place if necessary.
This may include a hospital or other shelter for further
D. If the child is a victim of sexual assault appropriate
sexual assault investigation guidelines described in
this section are followed.
12.13 IF A FATALITY HAS OCCURRED:
A. All suspicious deaths and child homicides are
investigated at the direction of the U.S. Attorney's
Office and are treated as homicides. The tribal
prosecutor is also notified.
B. In all cases in which a child is the victim of a
suspicious death or a homicide, marshals immediately
notify the U.S. Attorney's Office, the F.B.I. and tribal
C. In cases in which other children reside in the home of
the deceased child victim, marshals notify the U.S.
Attorney's Office and local child protective services
agency simultaneously so that the homicide investigation
can be coordinated with consideration for child
D. Interviews with the children residing in the home of the
deceased child victim are only conducted as part of the
12.14 TAKING A CHILD INTO PROTECTIVE CUSTODY:
A. Marshals are expected in every case to conduct an
assessment of the need for protective custody and to
take the necessary steps to assure the safety of the
child during and following an investigation.
B. If any of the following circumstances exist, marshals
may take a child into custody and, if these
circumstances exist, officers assess if they should do
1. When, if the child were an adult, the child could
be arrested without a warrant, or
2. When the child’s condition or surroundings
reasonably appear to be such as to jeopardize the
child's welfare, or
3. When ordered by a court to take the child into
C. Whenever possible, the decision to take a child into
protective custody is a joint determination of the
responsible marshals and CPS using their professional
judgment. When one or more of the following factors is
present, protective custody is appropriate in any case
in which the child’s physical or psychological safety
cannot be assured in the environment where he is found,
including but not limited to situations in which:
1. The suspect cannot be separated from the child’s
environment and presents a continuing risk to the
2. A non-offending guardian is unwilling or unable to
protect the child from contact or further harm from
3. The risk in a hazardous environment cannot be
effectively reduced, and/or
4. The child would be subjected to substantial
emotional trauma that cannot be prevented.
12.15 INTERVIEWING THE VICTIM:
A. Child victims require special treatment. To minimize
trauma and the number of times the child will have to
tell his story, interviewers ensure that the interview
may be conducted properly and whenever possible be
videotaped, audio taped, or conducted in a facility
designed for that purpose such as children's safe house
or child advocacy center.
B. Marshals use age-appropriate interview techniques and
tools to facilitate communication with the child
consistent with legally accepted standards to determine
C. Prior to conducting the interview, interviewers identify
if special needs exist such as:
1. Interpreter for non-English speaking or
speech/hearing impaired victims.
2. Disclosure previously made to another person and
clear need is noted for his or her presence.
3. If necessary, a supportive person to be present
during the interview for the child's emotional
comfort (e.g. non-offending parent or child
advocate) or CPS worker.
D. Interviews occur in a safe, non-threatening environment.
If the abuse occurred at home, it is best to interview
somewhere else (school, day care, etc.). If you must
interview in the home, interview in a “neutral” room.
12.16 MEDICAL EXAMINATIONS AND REPORTS. Medical examinations of the
victim are required in the following emergencies:
A. When the child victim has injuries requiring medical
B. When the reported sexual assault has occurred within the
past 72 hours,
1. Sexual assaults includes incidents of rape, sodomy,
penetration with foreign object, and other sexual
abuse which by nature of disclosure would lead the
investigation to believe an examination is
12.17 PHOTOGRAPHS OF VISIBLE INJURIES: Photographs of visible
physical injuries, including, but not limited to bruises,
burns, welts, and bite marks, as well as any other visible
injury, are taken.
12.18 EXAMINING PHYSICIANS: Physicians who are trained in the proper
examination techniques and methods of proper evidence
preservation, should be selected to do a medical examination,
A. Use a rape kit for sexual abuse cases.
B. Photographs of trauma, colposcope photographs, blood and
semen tests, x-rays, tissue and hair samples, and
clothes of the victim are examples of evidence that may
result from the medical examination.
12.19 FAMILIARITY WITH NECESSARY PROCUDURES: Marshals must be
familiar with the necessary procedures and medical release
forms for their respective jurisdictions to obtain timely
medical reports for their investigations.
A. Medical examinations including, but not limited to,
sexual assault exams, laboratory results, psychological
evaluations and medical examiner's reports are included
with the marshal’s report to the applicable prosecuting
B. Marshals obtain a narrative statement of the examining
physicians medical report that is clearly understandable
by non-medical personnel. This statement is included as
part of the investigative report forwarded to the
applicable prosecuting attorney.
12.20 SCHOOL EMPLOYEES OR CRIMES COMMITTED ON SCHOOL GROUNDS:
A. Upon receipt of a complaint from a student, the school
notifies marshals immediately.
B. School personnel or representatives of the school do not
C. Police interviews of the victim are conducted in a
timely manner, in private.
D. Upon conclusion of the victim interview, the marshal
contacts and advises the appropriate education
superintendent of the allegation and arranges for an
interview of the school staff person who is the subject
of the investigation.
E. Upon conclusion of the interview, the marshal contacts
and advises the legal guardians of the complainant.
School personnel, after consulting with the marshal, may
contact the legal guardian and notify them of the
F. The marshal interviews the suspect in private.
G. Upon conclusion of the interview, marshals advise the
appropriate education superintendent of case status so
that he may make a proper assessment of the need for
personnel actions, (i.e., temporary assignment away from
children, leave, suspension, etc.).
H. Upon completion of the investigation, the marshal
provides written notice to the appropriate school
superintendent to advise him of case disposition.
I. The school superintendent or designee is the contact
person for the investigation.
12.21 CHILD OFFENDERS: Law enforcement and CPS refer all reported
cases in which the child is the alleged perpetrator to the
prosecuting attorney's office for review.
A. Law enforcement and CPS consult with the prosecuting
attorney's office immediately in any decisions regarding
the placement of the suspect in or out of the home, in
detention or in shelter care. The primary concern is for
the safety of the child victim(s).
B. If the suspect is a juvenile, it is the responsibility
of the prosecuting attorney to determine if and when any
information or petition is filed.
12.22 CONFIDENTIALITY OF CHILD ABUSE INVESTIGATIONS AND PROCEEDINGS:
Marshals cooperate with tribal, state and federal agencies
that investigate and treat incidents of child abuse and may
provide information and records to those agencies as required
or permitted by law.
A. The identity of any person making a report of child
abuse, or of any other informant regarding child abuse,
may not be disclosed, except as required or permitted by
law, without the consent of the individual, to any
person other than a state, federal, or tribal court of
competent jurisdiction or to an employee of an Indian
tribe, state or the federal government who needs to know
the information in the performance of such person's
duties and responsibilities.
B. The identity of all victims, alleged perpetrators,
families of the victims or perpetrators may not be
disclosed, except as required or permitted by law,
without the consent of the individual involved, to any
person other than a state, federal, or tribal court of
competent jurisdiction or to an employee of an Indian
tribe, state or the federal government who needs to know
the information in the performance of such person's
duties and responsibilities.
12.23 RESPONDING TO DOMESTIC VIOLENCE SITUATIONS: Marshals respond
to domestic violence calls in accordance with Title 22 CNCA
12.24 PROTECTIVE ORDERS will be issured in accordance with the
Domestic Violence Act and the Civil Protective Order Act,
Title 21 CNCA 5-1.1 through 5-1.109.
12.25 NOTIFICATION OF RIGHTS: Notification of the victim’s rights
in domestic violence will be made in accordance with those
issured by the CNMS and the Victim/Witness Coordinator.
12.26 ELDERLY ABUSE: When a victim of domestic violence is elderly
(60 or older), the accused is sole caretaker, and an arrest is
indicated, or when the victim of domestic violence is the sole
caretaker of a physically dependent elder and the victim can
no longer provide care, the responding officer determines
whether the elder is physically endangered, either as a result
of the abuse, a pre-existing medical condition, or the removal
of a caretaker.
A. If the elder is physically endangered and mentally
alert, the officer asks the elder for the name of a
relative or friend who can be contacted immediately to
assist the elder.
B. If there is no one available to assist the elder, or if
the elder does not appear to be mentally alert, the
officer makes an emergency referral to a local area
agency responsible for aging, i.e., social services. The
officer remains at the residence until the protective
services worker arrives or transports the elder to a
medical facility or other appropriate place where the
elder can wait for the worker.
C. In addition to providing the notification of services
available to victims of domestic violence required by
the domestic violence procedure, the officer advises the
elder of the availability of protective services.
12.27 FININCIAL ASSISTANCE RELATING TO VICTIMS OF VIOLENT CRIMES. A
victim of a violent crime is entitled to know that they may be
eligible for financial assistance with bills acquired because
of the crime. Such persons may be referred to the appropriate
Prosecutor's office where they can fill out forms for
CHEROKEE NATION MARSHAL SERVICE
Elements for Reporting Child Abuse
1. The name of the investigative officer and the name of any
child welfare representative assigned to the case.
2. The name, address, age, and sex of the
subject child or children.
3. The grade and the school where the child
4. The name and address of the parents or
guardians of the child.
5. The name and address of the alleged
offender, if known.
6. The name and address of the person
who made the report.
7. A brief narrative of the abuse alleged, the extent of
injury either physical or mental, whether it is suspected
that any other abuse of the child or other children is
suspected and the dates of the occurrence(s).
8. Any other information relevant to the investigation
including information on the emergency placement of the
child or children if such placement has occurred.
13.0 HANDLING BOMB THREATS. The Cherokee Nation Marshal Service
recognizes the potential danger a bomb presents to the public
and each member of the Agency will handle such situations in
the safest and most efficient manner possible.
13.1 PROCEDURES FOR BOMB THREATS:
A. Obtaining Information from caller: For appropriate
response, it is important that any member of the Marshal
Service receiving a bomb threat attempts to obtain as
much pertinent information as possible from the caller.
B. Obtaining Information From Witnesses. When obtaining
information regarding a telephone bomb threat received
by a witness or victim, Marshals or other CNMS employees
should seek to gain as much information as possible.
13.2 BOMB THREATS-SCHOOLS. I f the bomb threat involves a
public school building, the CNMS department shall
notify the Superintendent of the school and advise to
13.3 INITIAL RESPONSE BY MARSHALS:
1. Communications Limit. When responding to the scene of a
bomb threat, marshals should not use police radios or
cellular phones within 500 feet of the threat area due
to the possibility of an explosive device being radio
detonated. Communications from the scene should be made
by using conventional telephone lines to communicate
with marshals on the scene perimeter.
2. Initial Assessment. Upon arrival, initial responding
marshals should meet with the owner, manager, agent or
other person having control over the building or
facility that is the subject of a bomb threat to assess
the threat level, the possible reasons for the threat
and the possibility that the threat may be real.
3. Manpower Evaluation. The initial responding Marshal will
contact the supervisor and request that they respond to
the scene to aid in evaluating the amount of manpower
needed to secure the scene and in making decisions
involving search or evacuation of the affected area.
13.4 DECISION TO SEARCH: In cases of bomb threats where no
specific evidence of an explosive device exists, the first
responding Marshal or supervisor will contact the person
having control over the premises and discuss whether a search
will be initiated.
13.5 RESPONSIBILITY TO REQUEST SEARCH: The responsibility to
request a search or evacuate the premises lies with the
person having control over the premises; however, if
compelling information or evidence exists that suggests a
live explosive device is present, a Marshal should order an
evacuation in the interest of public safety.
13.6 SEARCH GUIDELINES: Searches should be thorough, systematic
and supervised. Marshals should be accompanied by a person
familiar with the premises to aid in the search. When
initiating a search, the following guidelines should be
1. Members of the search team should be reminded not to
touch or remove any suspicious or unidentified objects;
2. A search of the exterior of the premises should be
conducted first, in a systematic and deliberate fashion;
3. The interior search of the premises should be conducted
in an organized manner with a detailed search conducted
of individual rooms, areas accessible to the public,
electrical areas, air vents and other possible hiding
4. Light switches should not be touched. Flashlights should
be used to search dimly lit areas and should be turned
on prior to entering the premises;
5. Marshals should request assistance from the building
owner or occupant to identify any suspicious object that
is found. If the object cannot be identified, it should
be treated as though it is an undetonated explosive
device and should not be touched or moved;
6. If a time of detonation was given in the original bomb
threat but no suspicious objects are discovered during a
search, the senior supervisor on scene or those trained
in explosives will decide whether a second search of the
premises is justified. The senior supervisor may
instruct marshals to clear the scene at that time or
remain at the scene until the reported time of
detonation has passed.
13.7 WHEN A SUSPECTED EXPLOSIVE DEVICE IS LOCATED. Upon locating a
suspected explosive device, marshals should adhere to the
1. The Marshal or Captain should be notified if not already
on the scene and Communications Center should be
notified by phone so that a request can be made for the
mobilization of a qualified Bomb Squad.
2. No person will approach, touch, examine or otherwise
tamper with any suspected explosive substance or device
until an all clear has been given by a bomb squad.
3. A perimeter of at least 500 feet should be established
around the scene and the area will be cleared of all
4. The person who originally found the suspected explosive
device should be located, and marshals should ask that
person if the device was moved or touched.
5. Only explosive ordinance device specialists and
investigators will be authorized to enter danger zones
except to prevent injury or death to a person.
6. Once a Bomb Squad arrives, they will have control of the
scene until the situation is stabilized or an explosion
occurs. Marshals will coordinate with and assist bomb
squad personnel as needed or directed.
7. The Bomb Squad will be responsible for the disposal of
any explosive substances or devices found.
8. If an explosive device, or components common to an
explosive device, is found the Bureau of Alcohol,
Tobacco and Firearms (A.T.F.) must be notified and
requested to investigate. The Marshal Service C.I.U.
supervisor will coordinate and assist in evidence
collection and subsequent investigations as requested or
9. Components of explosive devices that are not volatile in
nature and pose no hazard to personnel, will be turned
over to the A.T.F. or the Federal Bureau of
Investigations (F.B.I.) for evidence processing.
13.8 DECISION TO EVACUATE: Evacuation is a sensitive issue with
businesses and requires special treatment. Many management
personnel are reluctant to suffer the economic loss or
possible panic involved with an evacuation. Marshals on the
scene should be prepared to evaluate each situation and make
13.9 RESPONSIBILITY TO EVACUATE: The responsibility to evacuate
and search lies with the manager or other person having
control over the premises. If a suspicious object is found,
marshals have the authority to order an evacuation in the
interest of public safety. Any other evacuation must be with
the authorization of the Marshal or member of the Command
A. If the decision to evacuate is made, marshals should
keep in mind that evacuation of the targeted building
may not be sufficient to provide for safety of the
public. Adjacent and nearby buildings and occupied areas
may need to be evacuated.
B. Evacuations must be handled in an orderly fashion and
with due care to prevent panic and injury. During an
evacuation, the following guidelines should be
1. Management, owners or occupants of a building or
premises should be consulted as to possible
evacuation routes and internal communication
2. Aid should be sought from management in
coordinating and executing building evacuations;
3. Care should be taken to ensure all building
occupants are out of the building and do not re-
enter without permission;
4. All persons evacuated from a building must be
instructed to move to a location a sufficient
distance away from the targeted building to ensure
13.10 POST-EXPLOSION PROCEDURES: If an explosion occurs it is
imperative that marshals, fire department personnel and
emergency medical services personnel work in concert to avoid
conflict and to take action necessary to stabilize the
situation as soon as possible.
13.11 SAFETY CONSIDERATIONS: Marshals should be cautious and not
rush into a building where an explosion has just occurred.
Secondary explosions, falling debris, poisonous gases and
other hazards may exist. Although it may be difficult to
remain outside when citizens or fellow officers may be
trapped or injured inside, the danger of a hasty entrance
into a bombing site must be carefully considered. A 90-
minute safety period is advised.
A. After the scene is searched and cleared of secondary
devices and the 90-minute safety period has expired, a
post-blast investigation should be implemented by
authorized personnel. The minimum safety distance and
minimum safety period prior to conducting a scene
investigation have been established to set a safety
standard for all first responders. The listed
procedures are mandatory for A.T.F. personnel and are
recommended for all other public safety agencies.
13.12 ESTABLISHING A PERIMETER: A perimeter will be established
around the scene which will be dictated by the magnitude of
A. After the initial rescue and first aid to victims, a
perimeter with a distance of 300 feet should be
established. All individuals, including spectators,
members of the media and all public safety personnel
should be kept beyond the 300-foot perimeter for a
period of at least 90 minutes. The only personnel
allowed inside the perimeter should be bomb technicians,
E.O.D. technicians, A.T.F. explosive enforcement
officers, A.T.F. certified explosive specialists or any
other public safety officers qualified to search for
secondary devices. Variances in perimeter distance may
be affected by landscape and geography. The only
deviation from these factors would be to conduct
evacuations, rescue operations or to retrieve injured
13.13 ORGANIZATION OF RESPONDING MARSHALS: The Shift Supervisor
will be responsible for the initial organization of
responding marshals until the Marshal or a member of the
Command Staff arrive and will notify the Communications
Center as to the magnitude of the explosion and other
pertinent information. This information should include but
not be limited to the following, if applicable:
a. Number of injured and dead, if known;
b. Number of persons trapped inside, if known;
c. Size and magnitude of any fires;
d. Number of rescue and fire units needed;
e. Best route of entry for emergency vehicles;
f. Notification and request for assistance of a Bomb Squad;
g. Notification of and request for assistance of the A.T.F.
or the F.B.I.;
h. Notification and mobilization of the CNMS Criminal
i. Notification of the Marshal, Captain and other Command
13.14 DECEASED PERSONS: No person pronounced dead at the scene
will be moved without prior approval of the Medical Examiner.
13.15 EQUIPMENT DURING SEARCH. Marshals assisting in search and
rescue operations will wear orange reflective vests,
protective head gear, flashlights and hand held radios.
13.16 MEDIA ACCESS. The media will not be allowed to enter the
scene of an explosion and will only be allowed to take
positions behind the established perimeter. Once a command
post for disaster operations has been established, the media
will be directed to the location. Officer will report in
writing to the Marshal any unethical conduct by members of
the news media.
14.0 VICTIM/WITNESS COORDINATOR. The Victim/Witness
Coordinator will operate within the Criminal
Investigative Unit of the CNMS.
14.1 RIGHTS OF VICTIMS AND WITNESSES. The Special Agent in Charge
provides a summary of the rights of victims and witnesses.
14.2 PROCEDURES FOR ASSISTANCE TO VICTIMS AND WITNESSES. The
Marshal or designee develops procedures that:
A. Govern the implementation and delivery of victim/witness
assistance services by program personnel,
B. Ensure the confidentiality of victims/witnesses and
their role in case development to the extent consistent
with applicable law,
C. Govern program efforts to inform the public and media
about the agency's victim/witness assistance services,
D. Govern the relationship between the law enforcement
program and victim/witness efforts of other programs and
14.3 INITIAL ASSISTANCE. The Marshal defines at least the fol-
lowing level of victim/witness assistance information
provided by the program between the time of victimization and
preliminary investigation either directly or on a cooperative
basis with other area programs:
A. Information, including the program’s emergency response
phone number, that is available 24 hours a day from a
single point of contact regarding victim/witness
assistance supplied by the program directly, and
B. Referral information that is available 24 hours daily
from a single point of contact regarding services
offered in the jurisdiction by other organizations for
victims/witnesses in need of medical attention,
counseling, and emergency financial assistance.
14.4 INTIMIDATION OF VICTIMS/WITNESSESS. The program provides
appropriate assistance to victims/witnesses who have been
threatened or who, in the judgment of the program, express
specific, credible reasons for fearing intimidation or
14.5 ASSISTANCE DURING PRELIMINARY INVESTIGATIONS. The Marshal or
designee defines victim/witness assistance services to be
rendered during the preliminary investigation, to include at
A. Giving information to the victim/witness about
applicable services, e.g., counseling, medical at-
tention, compensation programs or emergency financial
assistance, and victim advocacy,
B. Advising the victim/witness about what to do if the
suspect or the suspect's companions or family threatens
or otherwise intimidates him or her,
C. Informing victims/witnesses about the case number, if
known by the program, and subsequent steps in the
processing of the case, and
D. Providing a telephone number that the victim/witness may
call to report additional information about the case or
to receive information about the status of the case.
14.6 ASSISTANCE DURING FOLLOW-UP INVESTIGATION. The Marshal or
designee defines victim/witness assistance services to be
provided during the follow-up investigation, if any, to
include, at a minimum:
A. Re-contacting the victim/witness periodically to
determine whether needs are being met, if, in the
opinion of the program, the impact of a crime on a
victim/witness has been unusually severe and has
triggered above-average need for victim/ witness
B. Explaining to victims/witnesses the procedures involved
in the prosecution of their cases and their role in
those procedures, if not an endangerment to the
successful prosecution of the case,
C. Scheduling line-ups, interviews, and other required
appearances at the convenience of the victim/witness
and, at the option of the program, providing
transportation, if feasible,
D. Returning promptly victim/witness property taken as
evidence (except for contraband, disputed property, and
weapons used in the course of the crime), where
permitted by law or rules of evidence if feasible, and
E. Assigning a victim advocate, if available, to the
victim/witness during follow-up investigation.
14.7 ASSISTANCE UPON ARREST. The Marshal or designee defines
victim/witness assistance services to be rendered upon arrest
and during post-arrest processing of the suspect.
14.8 ASSISTANCE TO PROGRAM PERSONNEL AND FAMILIES. The Marshal or
designee defines victim/witness assistance services to be
rendered to program personnel and their families following
line-of-duty deaths or serious injuries.
15.0 TOWING AND PUSHING WITH POLICE VEHICLES. No marshal shall be
permitted to tow or push any vehicle or object with a Marshal vehicle,
except in the defense of another person or members' own lives, or
with the permission of a supervisory officer. Vehicles temporarily
stalled may be pushed to the nearest practice parking area
or space if the police vehicle is equipped with a bumper.
15.1 UNAUTHORIZED USE OF CHEROKEE NATION VEHICLE. For
insurance purposes, a marshal shall not permit any
person other than an employee of the Cherokee Nation
or the CNMS, prisoners, victims or complainants to ride in any
15.2 CARING FOR LOST, HELPLESS, INJURED OR ILL PERSONS.
Marshals shall always be alert to assist lost, helpless, injured or
ill persons. Every member is strictly charged with
maintaining a proficiency in first aid techniques authorized by the
American Red Cross and taught in the Marshal Service Training Program.
Failure or inability to render first aid competently is
considered a serious neglect of duty.
15.3 AVAILABILITY WHEN ON DUTY. Marshals on duty shall not
conceal themselves except for some police purpose. They
shall be immediately available to the public during duty hours.
15.4 RESPONDING TO CALLS. Members of the Marshal Service
shall respond without delay to all calls for police assistance from
citizens or other members. Emergency calls take
precedence; however, all calls shall be answered as
soon as possible consistent with normal safety
precautions and vehicle laws. Failure 'to answer a call
for police assistance promptly, without justification, is
misconduct. Except under the most extraordinary
circumstances, or when otherwise directed by competent
authority, no member shall fail to answer any telephone or radio
call directed to him. Communications shall be informed
when leaving the air.
15.5 POLITICAL AND CONTROVERSIAL DISCUSSIONS. Marshals and support
staff shall not engage in political or religious discussions to the
detriment of good discipline and shall not speak ill of nationality,
color, creed, or beliefs of any person.
15.6 SHOPPING IN UNIFORM. Officers in uniform shall use good
judgment if shopping is unavoidable. Marshals should not
carry large quantities of merchandise unless directly
connected with their normal police activity or required
in line of duty.
15.7 JUDICIAL AND INVESTIGATIVE ACTIONS, APPEARANCE AND TESTIFYING
IN COURT CASES. Marshals and support staff shall not take
part or be concerned, either directly or indirectly, in making or
negotiating any compromise or arrangements for any criminal or any
other person, with view of permitting such criminal or other
person to escape the penalty of the law. They shall not seek to
obtain any continuance of any trial in court out of
friendship for the defendant, or otherwise interfere with the courts
This section shall not be construed as preventing a member of the
Marshal Service from cooperating with the prosecuting
attorney or court in business-like appearance.
Members of the Marshal Service shall have the case in which
they are concerned properly prepared, and all property which is to be
used in evidence suitably arranged for presentation in court.
15.8 TESTIFYING FOR THE DEFENDANT. Any member or employee
subpoenaed to testify for the defense in any trial or hearing, or
against the Cherokee Nation or Marshal Service in any
hearing or trial shall notify the Marshal or
Prosecuting Attorney, whichever is appropriate.
15.9 REFUSAL TO TESTIFY. Any marshal or support staff properly
called to appearing as a witness may not refuse to
15.10 INVESTIGATIONS-TESTIFYING. Members or employees are required
to answer questions by or render material and relevant
statements to a competent authority in a Marshal
Service personnel investigation when so directed.
15.11 CIVIL ACTION INTERVIEWS involving members or employees
which arises out of Marshal Service employment shall be
conducted according to Marshal Service directives or policy.
15.12 CIVIL ACTION, COURT APPEARANCE AND SUBPOENAS. A member or
employee shall not volunteer to testify in civil actions and shall
not testify unless legally subpoenaed. Members and employees will
accept all subpoenas legally served. If the subpoena
arises out of departmental employment, or if the members or employee
is informed that he is a party to a civil action arising out of
Marshal Service employment, or if the member or employee is informed
that he is a party to a civil action arising out of Marshal Service
employment, he shall immediately notify the Marshal or
Captain of the Marshal Service of the testimony he is prepared to
give. Members and employees shall not enter into any financial
understanding for appearance as witness prior to any
trial, except in accordance with directives or policy.
15.13 CIVIL DEPOSITIONS AND AFFIDAVITS. Members and employees
shall confer with the Marshal or Captain before giving
a deposition or affidavit on a civil case.
15.14 CIVIL CASES. Members shall not serve civil process or assist
i n ci v il ca s es a s re q ui re d by l a w o r wh er e t he y ma y
b e personally involved. They shall avoid entering into
civil disputes, particularly while performing their police
duties, but shall prevent or abate a breach of the peace or crime
in such cases.
15.15 REPORTS OF DISCIPLINARY ACTION TAKEN OR RECOMMENDED.
disciplinary action is taken or recommended (except for oral
reprimand) a written report must be submitted in
accordance with HRPPCN.
15.16 INFORMING THE PERSON BEING DISCIPLTNED. The member or
employee being disciplined shall be informed of the
charges and penalties assigned at the time such action is taken.
15.17APPEALS FROM PENALTIES imposed as disciplinary measures may
be taken as provided in HRPPCN.
15.18 SUICIDE NOTES. Do not give out contents of suicide notes.
It may be released that a note was found.
15.19 INJURY RELEASES. The identity of injury victims shall not be
released pending notification or with knowledge that the
victim's family has been notified.
15.20 NOTIFICATION OF HOSPITILIZATION. Hospitals within Cherokee
County have the responsibility to notify families of
victims requiring hospitalization. Verification or
inquiries can be directed to their "Information Counter" or
15.21 ASSISTING OTHER AGENCIES-PRESS RELEASES. Members of the
Marshal Service when assisting other law enforcement
agencies shall refer news inquiries to the respective
agencies involved. This is particularly important when
working with Federal agencies involving security,
protection and investigations.
15.22 RELEASE OF INFORMATION SUPPLIED TO THE CNMS BY OTHER AGENCIES.
Marshals shall not release information furnished to the Marshal
Service by other agencies unless the same information resulted from
our independent investigation.
15.23 MARSHAL’S PERSONAL OPINION. When questions of personal
opinion arise, there is always an element of judgment.
Officers are advised to adhere to the facts that are
releasable and refrain from making statements reflecting their
15.24 PERSONAL INTERVIEWS. Personal Interviews are regarded as
prepared news releases within the meaning of this policy.
15.25 MEDIA ACCESS TO POLICE PEPORTS. Members of the news media
will routinely have access to arrest and offense reports at the
police information center. Inquiries containing
supplementary investigation information shall be directed
to the supervisor responsible for the investigation.
15.26 IMPOUNDMENT AND INVENTORY OF ALL VEHICLES IMPOUNDED. The
upon time of making the impoundment shall:
A. Contact the dispatcher and request a wrecker be sent to
the place of impoundment;
B. Inform the dispatcher of the make, model, color,
description, tag number and location of the vehicle to be
C. Conduct and inventory of the vehicle on the
inventory/impoundment form provided by this office;
D. Remain with the vehicle until the wrecker arrives to remove it;
E. Turn the completed inventory/impoundment form into the
Cherokee Nation Marshal's office as a permanent record of
that office and keep a copy of the form for his
F. For the protection of the impounding officer, should always be
signed by the wrecker driver when the vehicle is released to
the wrecker driver.
G. If the impounding officer wishes a "hold" placed
upon the vehicle for evidence, further charges, search
warrant, etc., the officer should tell the wrecker driver to
hold the vehicle until released by the officer or his
SHARON WRIGHT, MARSHAL