Section 24-2702. GENERAL PRINCIPLES

 

2702.1To prevent criminal activity conducted under the guise of First Amendment activities and criminal acts of civil disobedience threatening public safety or the security of the city, MPD must, at times, initiate investigations in advance of unlawful conduct. It is important that such investigations not be based on activities protected by the First Amendment. MPD members may not investigate, prosecute, disrupt, interfere with, harass, or discriminate against any person engaged in First Amendment activity for the purpose of punishing, retaliating, preventing, or hindering the person from exercising his or her First Amendment rights. However, when statements advocate criminal activity threatening public safety or the security of the city, or indicate an apparent intent to engage in such criminal conduct, an investigation under these rules may be warranted.

 

2702.2Investigative action may be required under exigent circumstances before authorization otherwise necessary under these rules can reasonably be obtained, in order to protect life or substantial property interests; to apprehend or identify a fleeing offender; to prevent the hiding, destruction or alteration of evidence; or to avoid other serious impairment or hindrance of an investigation.

 

2702.3When any investigative action, taken under exigent circumstances, would require an approval under ordinary conditions, such approval shall be obtained as soon as practicable in accordance with the provisions of these rules, and ordinarily will be accomplished within twenty-four (24) hours.

 

2702.4Where a regular approval or request is required to be in writing, the approval or request following exigent circumstances shall also be in writing.

 

2702.5Investigations shall be terminated when all logical leads have been exhausted and no legitimate law enforcement purpose justifies their continuance.

 

2702.6Investigation of any criminal activity, committed by any person or group or member of such group, shall be initiated by, and conducted under the supervision of the Executive Director, Intelligence Fusion Division and the commanding officer, Intelligence Section. Nothing in this subsection, however, is intended to prevent any MPD member from reporting his or her observations of suspicious conduct that involves any criminal activity by any person or group or group member, or any other criminal activity, to his or her commanding officer or to the Intelligence Fusion Division.

 

2702.7At least once every 90 days, the commanding officer of the Intelligence Section shall inform and advise the Executive Director, Intelligence Fusion Division, concerning the status of all open investigations being conducted pursuant to these rules. This does not preclude the immediate notification to the Executive Director, Intelligence Fusion Division of any investigation of an exigent nature.

 

source

Final Rulemaking Published at 55 DCR 1091 (February 1, 2008); as amended by Errata Published at 55 DCR 3271 (March 28, 2008).