Policy Text
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DISTRIC
FORNEY
OXNARD POLICE
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VENTURA COUNTY
POLICE
CHIE
SIMI VALLEY
POLICE
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OFFICER
GREGORY D. TOTTEN
District Attorney
SHERIFF BILL AYUB
Ventura County Sheriff
CHIEF KEN CORNEY
Ventura Police Department
CHIEF SCOTT WHITNEY
Oxnard Police Department
VENTURA COUNTY
LAW ENFORCEMENT
COORDINATING COMMITTEE
CHIEF DAVID LIVINGSTONE
Simi Valley Police Department
Chair
CHIEF ANDREW SALINAS
Port Hueneme Police Department
CHIEF DAVID LIVINGSTONE
Simi Valley Police Department
CHIEF STEVE MCLEAN
Santa Paula Police Department
MEMORANDUM OF UNDERSTANDING
INVESTIGATIVE GENETIC GENEALOGY
All parties consider it essential to establish investigative genetic genealogy (IGG) procedures.
The implementation of such procedures will ensure IGG practices are consistent and predictable
and will result in the equitable investigation and prosecution of criminal cases. We recognize the
dual goals of safeguarding the privacy of our citizens while upholding our obligation to seek
justice and promote public safety. In doing so, the parties agree that nothing in this MOU
authorizes the Investigating Agency or the Prosecuting Agency to use IGG DNA data for
purposes other than the identification of a suspect in an unsolved, violent crime or crime of
critical public safety implications; or to identify human remains.
By signing this MOU, the Investigating Agency and the Prosecuting Agency agree to the
following:
CRIME SCENE FORENSIC UNKNOWN
1. The crime at issue is an unsolved, violent felony; or has critical public safety
implications.
2.
3.
4.
The Investigating Agency has pursued all other reasonable and viable
investigative leads, including DNA profile comparisons to suspect reference
samples, with negative results.
The Investigation has developed a forensic unknown STR DNA profile from
the evidence attributable to the perpetrator in the case.
The Investigating Agency has submitted the forensic unknown profile to the
California Department of Justice (DOJ) Combined Offender State DNA Index
Investigative Genetic Genealogy Memorandum of Understanding
June 2019
Page 2
5.
(CODIS) and National DNA Index (NDIS) and no hit has resulted from
routine investigation.
The Investigating Agency, if it has not yet done so, should consider submitting
a request for a Familial Search of the forensic unknown profile to the DOJ
where: 1) No circumstances exist that might thereby limit future testing, or
result in the consumption of any remaining DNA; and 2) such a request would
not unnecessarily delay the investigation where the public safety risk is
critical.
UNDERTAKING INVESTIGATIVE GENETIC GENEALOGY
6.
7.
8.
9.
If the forensic unknown STR DNA profile does not qualify for a CODIS
upload, the Investigating Agency has consulted with the Prosecuting Agency
and noted the reason why the forensic unknown STR DNA profile does not
qualify for a CODIS upload in the case file.
The Investigating Agency has consulted with the Prosecuting Agency and
both agree that IGG is an appropriate and necessary step in the development of
investigative leads.
If the crime is solved by the identity of the perpetrator being conclusively
established while IGG is in progress, IGG will cease immediately.
The Investigating Agency agrees that no arrest will be made based solely on
the identification of a potential suspect from IGG. The identification is an
investigative lead only and must be confirmed by STR DNA testing through a
legally-obtained sample.
10. The Investigating Agency should consult with the Prosecuting Agency prior to
obtaining any surreptitious sample from a potential suspect identified by IGG.
11.
The Investigating Agency will consult with the Prosecuting Agency when it is
necessary to obtain a DNA sample from an individual other than the potential
suspect (e.g., an individual who has been determined to be genetically related
to the potential suspect) to further IGG. Such samples will be obtained legally
and, in appropriate circumstances, the Investigating Agency shall obtain
written, informed consent from that individual.
12. The Prosecuting Agency should be consulted prior to seeking a Search
Warrant based upon information obtained from IGG.
13. No offender name obtained from IGG will be released until the involved
agencies have conferred and agree that an arrest warrant is imminent and the
case has been referred to the Prosecuting Agency for a filing decision or, in
Investigative Genetic Genealogy Memorandum of Understanding
June 2019
Page 3
the case of a deceased offender, the involved agencies agree that releasing the
offender's name is appropriate.
USE OF INVESTIGATIVE GENETIC GENEALOGY DATA
14.
15.
The Investigating Agency and the Prosecuting Agency will only use data
obtained from IGG to identify a suspect or human remains and for no other
purpose.
Once the Investigating Agency has identified a suspect as a result of IGG and
has confirmed that identification by STR DNA testing through a legally-
obtained sample; the Investigating Agency will download and maintain a copy
of all information uploaded to a genealogical website, remove the crime scene
forensic unknown DNA and account profile from the genealogical website,
and redact from reports (but maintain) all names of relatives used to identify a
suspect through IGG.
16. The Investigating Agency agrees that, so long as consistent with the law, and
in order to