When they take primary?

[scan]

When is it that a federal agency takes over a case that a local or state agency were orginally working on?

[tunlrat]

In my experience as a local, the Feds pretty much step in whenever they want to or not at all. Sometimes they'll let the locals take a case for state charges, see what happens in the state courts, & then hit em w/ Fed charges.

It's not reciprocated though, sometimes as a local you'll take a case to the Feds because you think it's "up their alley" but they won't take it for various reasons. Case in point, one of my academy classmates during FTO ran into a guy selling fraudulently manufactured international goods--key word "international." He asked US Customs if they wanted the whole case, they said, in not so many words, "nah, you guys can have it." I'm still not sure what happened to that guy... :cool:

[Sleuth]

Usually, when the case A) is in an area of primarily Federal Jurisdiction, i.e. counterfiting, B) where Federal seizure statues will allow greater latatude, C) where it fits into a area of special interest, i.e the U.S. Attorney (or Agent in Charge) wants it to be assumed, D) where it is in fact part of a larger investigation, where Federal Assets could be used. Cases get declined because of small size, area of little interest, other case load, etc. That's why your fraudulent international goods case gets declined during the marijuana smuggling season, but accepted when the dopers are quiet.

Undenialbly, it also depends who you talk to. Agent A likes to do dope cases, so he 'blows off' your smuggled goods case. Agent B likes all kinds of odd cases, so he grabs it and goes!

[Nole795]

I worked as local law enforcement before I went federal and I thought the exact same way as tunlrat; that the feds picked and choosed their cases. Since becoming a federal agent I have learned that there is another factor to this and that is the support of the US Attorney's Office. Unlike local law enforcement, federal agents don't just arrest someone when they have probable cause. Federal investigations are controlled by the Assistant US Attorney (AUSA) assigned. As an agent, I have had the local PD call regarding a case that met the "investigative criteria" for federal prosecution but only have the AUSA decline prosecution for various matters. If the AUSA does not take the case my only option is to work alongside the PD and assist to get a state charge which the officer/detective could do himself. In my opinion a uniformed police officer has more authority then a federal agent because he has the freedom to work and arrest without permission from the State Attorney Office (SAO). That is probably the hardest transition for local law enforcement entering the federal field, the loss of autonomy in criminal investigations.

[tunlrat]

Good point Nole795. As "officers of the peace," locals can pretty much choose to arrest or not arrest any evildoer (w/ pc of course!). On patrol, let's face it, we don't know (or don't want to know) where our cases end up in the justice system ladder. That is why the city prosecutor's office (or DA) is ALWAYS swamped w/ cases, as any ADA will tell you in the 5 seconds they prep you before a hearing. They still can be quite choosy when working w/ the dicks (I never liked that term) or detectives for the big felony cases. But I babble, I'm sure you remember all that good stuff.

Hey what Fed agency are you with?

Stay safe...