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					                            CHAPTER ONE

                          LAW ENFORCEMNT
             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
      responsibilities.

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
      Citizens.

      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.

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      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.
                                   2
1.5 STANDARDS AND PROCEDURES. This manual contains standards
     and procedures for the daily operation of law
     enforcement activities of the Cherokee Nation Marshal
     Service.




                                3
                          CHAPTER TWO

                            DEFINITIONS

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
      Enforcement duties.

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
      Agencies.

2.4   OTHER SUPPORT PERSONNEL are civilian employees and support
      personnel who are employees of the Cherokee Nation Marshal
      Service.

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
      activities.

2.8   LAW is a statute approved or enacted by the federal, state or
      Cherokee Nation Governments which Marshals have a duty to
      enforce.

2.9   GENERAL ORDER is a written order issued by the Marshal or his
      designee which is applicable to the Marshal Service as a
      whole.

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.


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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
     are canceled.

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
                                   5
      incidents where it is not contemplated that an arrest will be
      made.

      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
     duties.

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
     duties.

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
     special assignment.

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




                                   6
                         CHAPTER THREE

           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
      Service.

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
                                  7
      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
      manual.

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
     necessary.

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

                                  8
     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
     case:

     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
           the trial.

     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.

                                   9
     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
           released.

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.




                                 10
                       CHAPTER FOUR
                      PERSONNEL PROCESS


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
                               11
      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
      to:
      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
                                 12
      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
      Conduct annually.
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
     HRPPCN.
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
     Marshal.

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.

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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
     employment:

     A.    Types of employment specifically prohibited:

            1.    Any establishment that sells or dispenses
                  alcoholic beverages

            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
                                    14
    by the Marshal during the first year of employment in their
    capacity.

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
          operations.

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.


                                15
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.




                               16
                          CHAPTER FIVE

                      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
      and fidelity.

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
                  jurisdiction.

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
                                    17
       citizens.

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
       question.

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
       one another.

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
                                      18
       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
     Supervisor.

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
     supervisor.

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
                                   19
      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
     of efficiency.

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
     of duty.

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
     charges.

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.

                                    20
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
     the supervisor.

5.37 MILITARY COURTESY Officers shall abide by military standards
     of courtesy.

5.38 NATIONAL COLORS AND ANTHEM. Uniformed members will render
     full military honors to the national colors and anthem at
     appropriate times.

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
                prescription.
                                 21
          C.    Conduct unbecoming an officer or employee or
                conduct which might be detrimental to the
                service.

          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
                Service.

          G.    Appropriating any lost, found or stolen Marshal
                Service or evidence property to his own use or
                possession.
          H.    Feigning sickness or injury to escape duty.

          I.    Rough or careless handling or losing tribal
                property.


          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
     police duty.

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
                                   22
     intoxicated while on duty, nor at any time, on or off duty,
     bring discredit upon the CNMS due to the consumption of
     alcohol.

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
     other.

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
     the orders.

5.47 SMOKING. All Marshals will abide by HRPPCN rules which
     excludes all tobacco use inside Cherokee Nation buildings
     and vehicles.

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
     hours.

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
                                  23
       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
       Policy.

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
                                     24
       all personnel.

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
     personnel.

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
     Manager.


5.66   COMPENSATION FOR OTHER DAMAGES SUSTAINED ON DUTY. Compensation for
       damages will follow Administrative Policies of the Cherokee
       Nation.

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
     Supervisor.

5.68 INSPECTION OF UNIFORM AND EOUIPMENT. The following shall
     apply:

                                    25
            (a) The members of the Marshal Service may expec t a
                 full dress inspection by the Supervisor at
                 any time.

            (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
                 condition.

            (b)   The loading or unloading of shotguns (when
                  necessary) shall be accomplished outside the
                  building only.

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
                                    26
     Marshal Service vehicles under any circumstances, except when
     authorized by the Marshal or designee, for personal business or
     pleasure.

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
     responsible.

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.
                                       27
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
     the Marshal.

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.




                                    28
                              CHAPTER SIX
                                Standards For
                    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
       Marshal’s.

6.2    WARNING SHOTS. Marshals are not authorized to use warning
       shots.

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
       been applied.

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
       Constitutional requirements.

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.


                                     29
6.11 RECORDING OF ARREST INFORMATION.       The following is the
     criteria for recording arrest information, but is not limited
     to:
     A. Preparing reports
     B. Fingerprinting
     C. Photographing
     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
     all traffic.

6.15 NOTIFICATIONS. Marshals will make proper notification of
     damages and power outages to the appropriate departments and
     companies.

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
     property owner.

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.




                                30
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
        safety,
     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
        endangered,
     F. Inventory searches of seized vehicles or other property,
        and
     G. Other situations authorized by federal and/or tribal
        constitutional provisions.

6.24 CHAIN OF CUSTODY OR EVIDENCE. Evidence will be submitted in a
     proper and timely manner in accordance with the evidence
     policy.


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,
     B. Photography,
     C. Sketch of the scene,
     D. Collection and preservation of physical evidence,
     E. Accident investigation,
     F. Access to appropriate personnel, equipment, and supplies,
     and
     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
        evidence,
     B. Approved methods for packaging and transmitting evidence to
        the laboratory,


                                31
     C. Types   of  documentation   to   accompany   evidence  when
     transmitted,
     D. Receipts to ensure maintenance of chain of evidence, and
     E. Stipulation that laboratory results be submitted in
     writing.

 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
      persons:

     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
        information system,
     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
     from Dispatch.

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)



                                   32
          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
     the issue.

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
          any person.

    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
     justice:

     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.



                                   33
      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
     and decision.

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
     or information.




                                     34
                        CHAPTER SEVEN
                           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
           use
           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
           permit,
           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
           display
           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

                                 35
           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
                force.

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.

                                 36
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
     suspension.

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
      or designee.

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
                 parties;

           3.    A weapon is present and not under the Marshal’s
                 control;


                                   37
          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
                arrest;

          6.    The assailant has a known history of violent
                behavior;

          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
     such weapons.

     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
          Marshal
          has probable cause to believe both:

                                38
          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
                others.

          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
          reasonably apparent.

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;

                                39
     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
          risks;

     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
          threat.

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
          met
     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

                                40
          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
                jeopardy;

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
          needed.

     B.   Secure the incident scene and request the presence
          of a supervisor;

     C.   Prior to going off duty after the incident, submit a
          comprehensive report.

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
          following:

          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;

                                41
          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.


                                42
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
     Marshal.

     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
          policy.

     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
          reports.

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
          interview.

     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

                           43
     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
          is approved.

     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
          investigation.

     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
          will include:

          a.   Date, time and place of occurrence;

          b.   The identity, if known, and description of
               the participants;

          c.   A description of the events and the force
               used.

     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
          excessive force.

     3.   Any Marshal who uses excessive force in pursuance

                           44
          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
          action.

     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
          Marshal.

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
     Board.

     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


                           45
           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
           acted improperly.

     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
     the Marshal.

     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
                and/or Marshals;

           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
                and witnesses.

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

                           46
          excessive force exist or supplemental training is
          required. This written report will be submitted to the
          Marshal.

     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
                support.

                a.   This is to provide the Marshal with a source
                     of professional consultation to aid them with
                     potential moral and ethical aspects of the
                     incident.

                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
          supervisors.

     C.   Marshals will qualify in proficiency with their firearm
          before they are permitted to carry it in the line of
          duty.

     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
                current Marshals).



                                47
                            CHAPTER EIGHT
                              INVESTIGATIONS

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
      and preservation.

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
      investigation.

8.3   SUPERVISOR’S ROLE: The role of the C.I.U. supervisor in the
      investigation process is very important. The supervisor
      should:

      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
            units.

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
      following criteria:

      A.    The degree of seriousness of the offense;

      B.    The presence or absence of solvability factors,
            including:

            1.   Suspect name or identification;

            2.   Suspect vehicle identification;

            3.   Any witnesses to the crime;

                                  48
           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
      responsibilities:

      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
           vehicles;

      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
           information;

      K.   Make appropriate   N.C.I.C.   entries   and   clearances,    if
           applicable;

      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

                                 49
           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
      C.I.U. supervisor.

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.I.U..

      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

                                 50
           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
           supplements.

      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
                involved;

           4.   Kidnappings;

           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

                                    51
          classified as civil only;

     D.   Distributing information to other agencies, if
          necessary;

     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
          destroyed;

     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
          reports;

     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
          the suspects;

     P.   Consulting with the District Attorney’s Office in
          preparing cases for court presentation and assisting in
          the prosecution;

                                52
     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
          records.

8.12 BACKGROUND INVESTIGATION SOURCES: Background investigations on
     suspects, witnesses, informants and victims may use the
     following additional resources:

     A.   N.C.I.C.;

     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
          file.

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
          generated photographs.

     D.   Black and white, color and laser print photographs are
          all appropriate for use in line-ups, however, each line-

                                  53
          up should be     comprised   of   all   the   same   type   of
          photographs.

     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
          suspect.

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
          summary report.

     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
          witness.

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.

                                54
     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
               together;

          4.   Date, time, location and case number of the line-
               up;

          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
          present.

     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

                                  55
          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
          additional safeguards.

     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
          Marshal.

     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
     investigations.

     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
          utilize informants.

     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
          investigative tool.

     C.   Task Forces. When necessary a task force may be formed

                               56
          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
                Marshal.

          2.    After execution, any necessary follow-ups and
                reports should be completed and a task force
                evaluation should be completed by task force
                supervisor.

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
     Investigations Unit.

     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
          information collection.


                                57
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
          appropriate.

     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
          evidence;

     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
          community;

     E.   Conduct searches and collections of non-testimonial
          evidence through court ordered warrants or consent of
          persons involved;

                                58
     F.   Analyze the legal significance of information and
          evidence;

     G.   Continue the search for witnesses, interview new
          witnesses, re-interview original witnesses and the
          reporting parties;

     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
          reports.

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
     other records.

     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
                information.

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
          distributed.

                                59
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
          successful operation;

     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
          where necessary;

     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
     following additions:

     A.   Investigators should be supplied with false identities
          and credentials if needed and the confidentiality must
          be maintained;

     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;


                                60
     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
     additions:

     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.
          Supervisor;

     B.   The assigned investigator or Marshal will design and
          coordinate the raid in conjunction with other
          participants;

     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
          raids.


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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
          individual;

     6.   Whether the subject was arrested, and the charges and
          offenses;

     7.   Which property room personnel received the evidence;

     8.   Date and time evidence was received;

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     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

                                 63
           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
           clothing.

     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

           3.    suspension


                                   64
          4.    demotion

          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
     Marshal.

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

                                  65
          regulations;

     G.   Conduct which adversely reflects upon the Marshal,
          employee or the office;

     H.   Any other investigation as directed by the Marshal or
          the Captain;

     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
     employee.

     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

                                66
          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
          board.

     F.   Only the Marshal or Captain can initiate an Internal
          Affairs Investigation.

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
     investigation.

     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
     Affairs investigation:

     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
          ordered.

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     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
                duty.

          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
                drugs.

          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
          Internal Affairs.

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
          reports complete.

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     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
     following categories:

     A.   Unfounded: The alleged incident did not occur or there
          is insufficient information to conduct a meaningful
          investigation;

     B.   Exonerated: The alleged incident did occur, but the
          actions of the employee were justified, legal and
          proper;

     C.   Not Sustained: The investigation failed to disclose
          sufficient evidence to clearly prove or disprove the
          allegation;

     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
     review.

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
     hearing.

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

                                69
     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
     disciplinary action.




                                70
                           Chapter 9

                       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:

           Solvability Factors

           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

           Seriousness Factors

           Death. . . . . . .   .   .    .   .   .   .   .   .   .   .   .   .   .   .   .   99
           Rape/Child Abuse .   .   .    .   .   .   .   .   .   .   .   .   .   .   .   .   25
           Near Death . . . .   .   .    .   .   .   .   .   .   .   .   .   .   .   .   .   25
           Major Injury . . .   .   .    .   .   .   .   .   .   .   .   .   .   .   .   .   15
           Minor Injury . . .   .   .    .   .   .   .   .   .   .   .   .   .   .   .   .   10
           Firearm Used . . .   .   .    .   .   .   .   .   .   .   .   .   .   .   .   .   10
           Other Weapon Used.   .   .    .   .   .   .   .   .   .   .   .   .   .   .   .   5

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           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
           Marshal.

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
           case file.

      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
           investigation purposes.

      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.


                                        72
      G.   Open.     Cases that are currently being investigated are
           open.

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.




                                   73
                          CHAPTER 10
                        TRAFFIC FUNCTIONS

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
     violation itself.

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
     objectives:


                                74
     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
          enforcement.

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.

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     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
     vehicle;

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
     violator’s vehicle;

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
     should:

     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;

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     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
           courteous manner;

     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
           license;

     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
           violation;

     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
           vehicle;

     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
           court;

     5.    Be alert for any emotional stress exhibited by the

                            77
                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
      prohibited.

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
          violator;

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
      (BAC).

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

                                 78
     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;


                                 79
     C.   Drive or be in actual physical control of a motor
          vehicle while under the influence of an intoxicating
          substance;

     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
      administered.

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
      observation.

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
      impaired.

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
     designated envelopes.

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
          own
          expense), in accordance with 47 O.S. 752, in addition to

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          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
          tests.

     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
     this test.

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
     Toxicology Laboratory.
--   Instructions to Marshals on how to use the kit are found
     within the container.

Unconscious Persons:
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:


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--   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
     immediate family.


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
      must:

     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
      DISQUALIFICATION.

     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
           or Disqualification.

     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

                                    82
                the    person   was    committing   a   D.U.I.   or   A.P.C.
                offense;

          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
                Disqualification Form;

          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
                Disqualification;

          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
                revocation.

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

                                  83
     Marshal must advise the registered owner of the vehicle of the
     seizure.

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
           follows:

           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.

10.31 DEFINITIONS.

     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

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          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

                                 85
          the vehicle.

          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
                completed.

          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
          enforcement agencies;

     H.   Is subject to forfeiture for a vehicle involved in first
          degree burglary or transportation of stolen automobile
          parts.

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

                                86
          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
                and safely.

          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

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           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
           its contents.

     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
      remain there.

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
      will:

     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
           manner:

           1.     The inventory search should be conducted in the
                  presence of the vehicle owner or operator if
                  possible;

           2.     All containers in a vehicle should be searched.
                  Containers that cannot be opened without causing

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                physical   damage   will    be   opened   only   with
                supervisors approval;

           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
           until processing;

     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
           outside agencies.

10.43 TOW IN REPORT. A completed Tow-In Report is to be distributed
      as follows:

           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

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                copy will be given      to   the   Marshal   Service
                Investigation Unit.

     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
                or state.

          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
                the owner.

     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
                facsimile;

          2.    Arrange to provide a copy of the owner's official

                                90
                state
                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
      applicable fees.

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
                custody;

           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.

10.51 Definitions:

     A.    Marked Patrol Vehicles: A marked patrol vehicle is
           equipped with mounted red and blue rotating or flashing

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           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
           used.

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
                situation.

           2.   If an unmarked vehicle initiates a pursuit, they
                are to
                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
           suspect.

     D.    Communication. Marshals will immediately notify the
           dispatcher of any pursuit, requesting that their
           supervisor be notified, and communicate the following
           information:

           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;

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           6.   Number of occupants and description;

           7.   Speed;

           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
           policy guidelines;

     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
           vehicle.

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     F.   If the primary unit becomes disabled and the pursuit
          continues, the backup Marshal will assume the primary
          vehicle's responsibility.

     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
          supervisor;

     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
      following:

     A.   Approving the continuation of a pursuit;

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     B.   Approving or ordering alternative tactics such as stop
          sticks;

     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
               imminent;

          2.   The suspect is apprehended.

10.57PURSUIT DRIVING TACTICS PROHIBITIONS. Reckless or hazardous
     driving maneuvers are prohibited for any pursuing Marshal
     Service vehicle;

     A.   Parallel  pursuits  are  prohibited,  as   it  greatly
          increases the risk of collision and danger to Marshals
          involved;

     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
          point;

     E.   Marshals will not pursue a vehicle in the wrong lane of
          traffic;

     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

                                95
     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
           dangerous.

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.


                                 96
     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
           accidents.

     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
           involves:

           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.


                                   97
          8.    Any other type of accident in which a report is
                required by applicable federal, state or tribal
                law.

10.69 ACCIDENT SCENE RESPONSIBILITIES OF THE FIRST MARSHAL AT THE
      SCENE.

     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
          traffic moving).

     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.


                                 98
     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
          evacuation procedures.

          1.    Any Marshal arriving at the scene of such an
                accident and seeing hazardous materials placards
                immediately request that the fire department
                respond.

          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
      to:


                                99
     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,
           etc.

     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
           examination.

     E.    Preparing accident or offense reports arising from the
           accident.

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
      permitted:

     A.    When traffic lights malfunction.

     B.    To facilitate movement at traffic accidents or other
           emergencies.

     C.    To provide a thoroughfare for a motorcade or funeral
           procession.


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     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
          and operating.

     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.



                                101
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
          vehicles.

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
          vehicle.

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
      vehicles:

     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
      following criteria:

          1.    Enhancement of Marshal and motorist safety;

          2.    Avoidance of undue inconvenience to the public;

          3.    The deterrent effect created by the roadside safety
                check.

     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,

                                102
           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
      designee will:

     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
           and
           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
                oncoming motorists;

           2.   There is ample room for Marshal and subject
                vehicles;

           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
                highway;

           7.   Adequate advance warning signs and sufficient
                lighting are used to ensure motorists and Marshal

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                safety.

     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
          being committed;

     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
          enforcement action.

     C.   Marshals will listen for speech difficulties and look
          for signs that might indicate intoxication;

     D.   Marshals will check vehicles for any equipment
          violation;

     E.   Marshals will not allow traffic to accumulate, since
          traffic congestion depletes the successfulness of the
          operation.




                                104
                          CHAPTER 11
                         JUVENILE JUSTICE

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
     sex abuse.

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
     team approach.

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
     the Marshal.

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,
     Marshals:
     A.   Inform the school principal or other official of the
          marshal’s intent,
     B.   Exercise good judgment is determining where on the
          grounds the juvenile is taken into custody,
     C.   Apply restraints



                                105
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
     place.

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
      the CNMS.

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.

     Definitions.

     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
           juvenile.


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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
      custom.
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.




                           107
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
           juvenile.

     B.    Law enforcement officers do not interview juveniles out
           of the presence of their parent, guardian or legal
           custodian.

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
           released, or

     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,
           or

     D.    The health and welfare       of    the   juvenile    would   be
           immediately endangered.

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

                                  108
          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
      photographed except:

     A.     When a written court order for such photographs has been
            detained, or

     B.     To document    injuries    that   the   juvenile   may   have
            sustained.

     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.




                                 109
                             CHAPTER 12
                  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
     law prevails.

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
            attended;

      C.    The parents' or guardians'        names,   addresses,   phone
            numbers, etc.

      D.    The name, address, workplace of alleged offender;

      E.    The reporting party; and

      F.    A narrative as to the allegations and any other
            relevant information.

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
     incidents.

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
     such reports.
     A.   Physicians, dentists, medical residents or interns,
          hospital personnel and administrators, nurses, health
          care practitioners, chiropractors, osteopaths, pharma-

                                    110
          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
          healing arts.
     B.   Psychologists,    psychiatrists,    and    mental   health
          professionals.
     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
          school administrators.
     E.   Child care workers and administrators.
     F.   Law enforcement personnel, probation officers, criminal
          prosecutors, and juvenile rehabilitation or detention
          facility employees.
     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.

12.6 DEFINITIONS.

     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.

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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
      juvenile.

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
      cause.

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
      Witness Coordinator.

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.




                           112
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
           custodian, 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
           necessary care.

16.   Parent. This is the natural or adoptive parent or
      parents,  including traditional adoption by tribal
      custom.

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


                           113
           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
           information:
           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
                currently enrolled,

           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.


                                114
     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
     offenders.

     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
          investigated.

     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
               priorities.

     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.



                                115
     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
          available?
     F.   Possible witnesses to the event or to the child's
          condition.

     G.   The source of the caller's information. Is it first hand
          or otherwise?

     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
          criminal behavior.

     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.


                                116
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
      the investigation:

     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
                child.

           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
                      search warrant.

                b.    In an emergency, forced entry without a
                      warrant is legal when there is probable cause
                      to believe that a child is in imminent
                      danger.

           3.   The officer immediately ensures the safety of the
                child.



                                 117
                a.    Summon an ambulance or administer first aid,
                      if necessary.

                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
           investigation.

     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
           prosecutor.

     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
           protection issues.

     D.    Interviews with the children residing in the home of the
           deceased child victim are only conducted as part of the
           investigation.


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
           so:

           1.   When, if the child were an adult, the child could
                be arrested without a warrant, or



                                    118
           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
                custody.

      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
                child.

           2.   A non-offending guardian is unwilling or unable to
                protect the child from contact or further harm from
                the suspect.

           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
           developmental status.

     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.

                                 119
          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
           assistance,

     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
                warranted.

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,
      whenever possible.

     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
          attorney.



                                120
     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
           conduct interviews.

     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
           school's involvement.

     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).


                                121
     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
      60.

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


                                122
          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
      reimbursement.




                                123
        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
   is enrolled.

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.
                           CHAPTER 13
                            BOMB THREATS

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
    evacuate.

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
     followed:

     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
          places;

     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
     following guidelines:

     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
          unauthorized persons.

     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
          directed.

     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
     their recommendations.

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
     Staff.
     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
           considered:

           1.   Management, owners or occupants of a building or
                premises should be consulted as to possible
                evacuation  routes   and  internal  communication
                abilities;

           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
                their safety.

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
     the explosion.

     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
          parties.

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
          Investigations Unit;

     i.   Notification of the Marshal, Captain and other Command
          Staff.

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.
                          CHAPTER 14
                      VICTIM/WITNESS RIGHTS

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,
          and

     D.   Govern the relationship between the law enforcement
          program and victim/witness efforts of other programs and
          organizations.

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
     further victimization.

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 minimum:

     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
          assistance,

     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.
                              CHAPTER 15
                               MISCELANEOUS

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
     department vehicle.

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
      of justice.

      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
     testify.

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.
      Whenever
      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
      "Emergency Centers."

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
      personal opinion.
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
      officer
      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
           impounded;

     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
           permanent records.

     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
           superior.




     Approved by:______________________________________
                 SHARON WRIGHT, MARSHAL



     Dated:_____________________________________________

				
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