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I <br />I <br />I <br />I <br />I <br />I <br />I <br />I' <br />! <br /> <br />I <br />! <br />! <br /> <br />SERVICE OF TRIAL SUBPOENAS - The Co~ty Attorney's Office has <br />policy of routinely mailing subpoenas to witnesses. The <br />system has been very effective and efficient. Occasionally, <br />witnesses do not acknowledge receipt of their subpoenas, <br />or have moved, or the County Attorney determines the witness <br />must be personally served. In these circumstances, the city <br />detective will be expected to personally serve a subpoena <br />for a witness on his case. <br /> <br />APPLICATION FOR OR EXECUTION OF SEARCH WARRANTS - If the <br /> <br /> city detective in the investigation of his case feels that <br />a search warrant is necessary for the collection of evidence, <br />Captain Hoogestraa~ will be contacted and an MCIU investigato <br />will be assigned to execute the search warrant. The city <br />detective will be the affiant in the probable cause portion <br />of the search warrant applicatioq and will accompany the <br />execution of the ~earch warrant. If the Crime Lab from the <br />Sheriff's Office participates in the execution of a search <br />~warrant, -or some of the evidence collected is going to the <br />Bureau of Criminal Apprehension for analysis, then the' <br />Sheriff's Office will retain the evidence collected. Local <br />departments, will store the other types of evidence in their <br />own property room. - .' -.. ~ <br /> <br />ACQUIRING LEGAL ADVICE FROM THE COUNTY ATTORNEY'S OFFICE <br /> <br />DURING THE INVESTIGATORY STAGE - Occasionally during the <br />investigation of a case the city detective may wish to <br />have some legal advice concerning a case under investigation. <br />The County Attorney's office rotates an on-call assignment <br />among the five attorneys in the Criminal Division. The <br />attorney will have this on-call assignment for one week. <br />If the city detective has a.legal question concerning an <br />investigation'he is conducting, he can call the County' <br />Attorney's Office..and ask for the attorney who is on-call. <br />The on-call attorney can then briefly discuss the case with <br />the city detective and answer appropriate legal questions. : <br />This on-call attorney will not necessarily be assigned the <br />case once the investigation is completed. The on-call attorn~ <br />will not be expected to listen tO a case presented over <br />the telephone and then' determine whether or not a complaint <br />should issue. The decision on issuing a complaint will be <br />made only after the case file is complete and the paperwork <br />has been forwarded to an attorney for review. The on-call <br />attorney will not authorize probable cause.arrests of <br />defendants over the telephone. If an emergency situation <br />arises, the city detective will have to assemble the case <br />and bring it to Captain Hoogestraat's office for an initial <br />review before a formal complaint is issued. <br /> <br />USE OF SHERIFF'S CRIME LAB - A ~equest for ~he Crime Lab <br />to process the scene of a crime must be made through Captain <br />Hoogestraat. If the request is made on a weekend or at <br />night, then ~.he city detective must contact the MCIU duty <br />investigator. <br /> <br />-3- <br /> <br /> <br />