MEMORANDUM OF UNDERSTANDING
AMONG
TENNESSEE BUREAU OF INVESTIGATION
DISTRICT ATTORNEY OFFICE FOR THE 30TH JUDICIAL DISTRICT
MEMPHIS POLICE DEPARTMENT
AND
SHELBY COUNTY OFFICE

This Memorandum of Understanding (MOU) is entered into by and among the Tennessee
Bureau of Investigation (TBI), the District Attorney General?s Of?ce for the 30th Judicial District
(DA), the Memphis Police Department (MPD) and the Shelby County Sheriff?s Of?ce (SCSO),
referred to collectively as the ?Parties,? in furtherance of their respective duties under law for the
purpose of facilitating investigations of incidents as described hereafter.

The parties agree to the following terms and conditions of this MOU:

1. Pursuant to T.C.A. 38-6-102, the DA for the 30th Judicial District,
through this MOU, requests the TBI to investigate any of the
following events:

a. The death of a person by an law enforcement
of?cer acting in the line of duty; or

b. The death of an detainee while in a city, county
or private jail when the death is surrounded by unusual or
questionable circumstances, or if the death is sudden and
the deceased had not been under immediate medical supervision.

2. Upon the occurrence of any of the above described events, 
shall:

a. Immediately notify TBI and the District Attorney General;

b. Secure a crime scene perimeter with access limited to
emergency medical personnel, medical examiner personnel
and TBI personnel;

c. Detain and hold any arrested persons pending the arrival of

TBI personnel;

d. Identify and separate all witnesses for subsequent interview
by 

3. Upon the occurrence of any of the above described events and noti?cation by the
MPD and/or SCSO, the TBI is responsible for the following:

a. Initiating an investigation in accordance with TBI Standard
Operating Procedure: Law Enforcement Use of Force and
Custodial Deaths Investigations Manual (updated 6-19-15)
(attached hereto):

b. Dispatching of any TBI personnel necessary for the proper
conduct of such an investigation;

0. Retaining operational direction of investigations and
forensic assistance or coordination initiated pursuant to
this 

d. Issuing of investigative reports and summaries to the
District Attorney General as appropriate in the
investigative process;

6. Submitting ?nal reports to the District Attorney General
for review. TBI will report the factual ?ndings of the
investigation, but will offer no recommendations or
reach legal conclusions concerning whether the force
used, if any, was justi?ed.

4. The parties agree that the criminal investigation conducted by TBI takes
precedence over any internal or administrative investigations conducted by MPD and/or SCSO.
The parties also agree that there may be situations where both the criminal and internal
administrative investigations can be conducted simultaneously without interference.
Accordingly, the SC SO agrees to advise TBI before initiating any internal administrative
investigation. If an internal administrative investigation would interfere with the criminal
investigation, SC SO agrees to postpone the internal administrative investigation until an
appropriately agreed upon time.

5. This agreement shall become effective on the last date of execution by the parties
and may be terminated upon thirty (30) days notice by mutual agreement of the parties.

Entered this 1 day of October?, 2015.

     

 

 

. AMY P. WEIRICH
Dir or, Tennessee Bureau 0 Investigation District Attorney General
of Tennessee 30th Judicial District

  
 
 

 

LL OLDHAM
Sheriff, Shelby County Sheriff?s Of?ce

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