PDA

View Full Version : What happens when FBI takes over..?



lalyil
05-05-2014, 10:46 PM
Hi again,

Right another question. Seen this happen in movies and TV shows and each one presents the procedure differently.

Say local LAPD starts an investigation on missing persons and then it turns out to be a terrorist organization holding them as hostages. FBI is brought in.
Do LAPD continue their investigation? Or do they have to give all their material to FBI and leave it?

ironmikezero
05-06-2014, 12:08 AM
Most likely it becomes a mutually cooperative joint investigation. Certain aspects (crimes) are covered by overlapping jurisdictions. The suspects may be prosecuted in both federal and state courts - it's not double jeopardy, just concurrent jurisdiction.

In some cases, one jurisdiction (LE agency) may elect to take more of a support role, or defer investigation pending the result of the other agency's investigation. There are many logistical considerations.

What does your story need?

melindamusil
05-06-2014, 01:47 AM
Most likely it becomes a mutually cooperative joint investigation. Certain aspects (crimes) are covered by overlapping jurisdictions. The suspects may be prosecuted in both federal and state courts - it's not double jeopardy, just concurrent jurisdiction.


To give an example:
After the Oklahoma City bombing, Timothy McVeigh was charged by the federal government for the deaths of 8 federal agents who were killed in the bombing. He still could have been charged by the state of Oklahoma for the 160 other deaths; however, as he was sentenced to death for the federal charges, the state of Oklahoma declined to file charges.

For his role in the Boston Marathon bombing, Dzhokar Tsarnaev has been charged by the federal government with "using and conspiring to use a weapon of mass destruction resulting in death". He is also expected to be charged by Middlesex county for the murder of the MIT police officer.

Like Mike said, what does your story need?

lalyil
05-06-2014, 02:27 AM
In my case it's a hostage situation in one country but it interferes with an ongoing war at the same time and so it's treated as terrorism.
But it's important that the police does not give up on their investigation of the kidnappings too.

Ketzel
05-06-2014, 03:13 AM
Is this a crime that crosses international borders? Is the hostage known to be outside the US? Because if so, a local police department would pretty surely bow out in deference to FBI jurisdiction, and the FBI would be working in partnership with law enforcement in the other country. For your purpose, you'll need to have the hostage believed to be held captive within the jurisdiction of the local police, if you want a local police department to continue to be involved in the investigation.

ironmikezero
05-06-2014, 08:58 PM
Even if the scope goes international, agencies with a nexus (jurisdictional interest) can agree to mutually cooperate within the parameters of an ad hoc task force established for this specific case.

There are considerable precedents, to include ongoing criminal/terrorist intelligence operations (even the NYPD has personnel so assigned overseas).

Hendo
05-08-2014, 12:57 AM
They cut the power, shut them down. Let 'em sweat for a while, then... they give 'em helicopters.

Ok sorry, I'm just running the FBI terrorist playbook from Die Hard step by step.:ROFL:

Ahh I couldn't resist. It was on TV last night so the timing was too perfect.

ironmikezero
05-08-2014, 01:02 AM
Ah... that's from the old playbook - the draft of the new one has drones and robotic assets... ;-)

Ketzel
05-08-2014, 02:03 AM
Even if the scope goes international, agencies with a nexus (jurisdictional interest) can agree to mutually cooperate within the parameters of an ad hoc task force established for this specific case.

If by agencies, you mean to include the local law enforcement agencies in the US, it's not really in their hands. They can offer, but they can't impose a cooperative arrangement on the FBI and overseas law enforcement agencies. The FBI, on the other hand, can set up or join in on an international ad hoc task force, and might invite local participation, but there's no obligation to do so.


There are considerable precedents, to include ongoing criminal/terrorist intelligence operations (even the NYPD has personnel so assigned overseas). I think New York's situation (and its Global Intelligence Bureau) is unique. I'm not aware of other cities that have municipal police officers stationed abroad to participate in international anti-terrorist activities.

In any event, I think if the OP wants to have the LAPD continue to investigate the kidnapping, it would be easier for the OP to keep his kidnapping stateside, and localized to LA, even if it has international terrorist implications. That way the police have experience and resources that would be of use to the investigation and the FBI would be more likely to agree to a joint effort.

(Unless, of course, it's an election year and the California Attorney General wants a share of the action. Then all bets are off. :))

WeaselFire
05-08-2014, 09:27 PM
Seen this happen in movies and TV shows and each one presents the procedure differently.
Because movies and TV are a reliable source of facts...? ;)

FBI will almost never take over a case, they usually initiate a case or are brought in to assist and provide resources. LAPD can do anything the FBI can and, as far as terrorism goes, Homeland Security would be the appropriate agency (who would add FBI, CIA, ATF and any other conceivable alphabet agency into the game).

What you need to write depends on your story needs though.

Jeff

Rowan
05-10-2014, 10:19 PM
Because movies and TV are a reliable source of facts...? ;)

FBI will almost never take over a case, they usually initiate a case or are brought in to assist and provide resources. LAPD can do anything the FBI can and, as far as terrorism goes, Homeland Security would be the appropriate agency (who would add FBI, CIA, ATF and any other conceivable alphabet agency into the game).

What you need to write depends on your story needs though.

Jeff

Actually, that's incorrect. The FBI is the lead agency on terrorism investigations. FBI can do far more than LAPD--federal v. city and all that entails.

Having said that, there's a lot of cooperation among the big federal agencies (FBI, HSI, DEA, DoD entities, etc.) when it comes to terrorism investigations.

If anyone needs additional info:
http://www.fas.org/sgp/crs/terror/R41780.pdf

The Federal Bureau of Investigation (FBI, the Bureau) is the lead federal law enforcement agency
charged with counterterrorism investigations. Since the September 11, 2001 (9/11) attacks, the
FBI has implemented a series of reforms intended to transform itself from a largely reactive law
enforcement agency focused on investigations of criminal activity into a more proactive, agile,
flexible, and intelligence-driven agency that can prevent acts of terrorism.
http://www.fbi.gov/about-us/investigate/terrorism
http://www.fbi.gov/washingtondc/about-us/priorities
http://www.fbi.gov/about-us/investigate/terrorism/terrorism_jttfs
http://www.fbi.gov/seattle/about-us/what-we-investigate/priorities


National Security Priorities:

1. Protect the United States from terrorist attack

The FBI is the lead federal law enforcement agency in the U.S. government’s fight against terrorism. Our top priority is to detect, investigate, and prevent terrorist attacks in this country and against U.S. persons and interests abroad. We accomplish this by identifying and disrupting the plots of international and domestic terrorist operatives and cells, by cutting off terrorist financing, and by undercutting other forms of support provided by terrorist sympathizers. We share information and intelligence with partners worldwide and provide strategic and operational threat analysis to decision makers and the wider intelligence community.

More on Homeland Security: http://www.ice.gov/about/offices/homeland-security-investigations/