A law enforcement officer who responds to an allegation of domestic violence or family violence shall use all reasonable means to protect the victim and any family or household member, and prevent further violence, including, but not limited to:
(1) 
Taking necessary actions to provide for the safety of the victim and any family or household members or witnesses, including arresting the alleged perpetrator or dominant aggressor;
(2) 
Transporting or obtaining transportation for the victim and any child(ren) to a domestic violence safe house or other place of safety within the Tribes’ service area at the victim’s request;
(3) 
Assisting the victim in removing essential personal effects, at the victim’s request;
(4) 
Assisting the victim and any child(ren) in obtaining medical treatment, including obtaining transportation to a medical facility;
(5) 
Calling the Legacy of Healing contact number so that an advocate can provide immediate support to the victim;
(6) 
Giving the victim immediate and adequate written notice of the rights of victims and of the remedies available as well as the name, address, and telephone number of local services available to victims, family or household members or witnesses of domestic violence or family violence;
(7) 
When a law enforcement officer responds to a domestic violence call, the officer shall advise victims of all reasonable means to prevent further abuse, including advising each person of the availability of a shelter or other services in the Tribes’ service area, and giving each person immediate notice of the legal rights and remedies available;
(8) 
Confiscating any weapon as provided within this chapter; and/or
(9) 
Providing assistance in obtaining a temporary protection order or emergency no contact order.
(Res. 2013-379; Res. 2014-116; Res. 2021-002)
(1) 
The purpose of this section is to assist in the prosecution of perpetrators of crimes involving domestic violence and family violence and to recognize that victims of crimes involving domestic violence or family violence are often reluctant to cooperate or testify at subsequent hearings for many reasons, including but not limited to economic, emotional and psychological factors.
(2) 
All law enforcement officers who respond to an allegation of a crime involving domestic violence or family violence shall take reasonable steps to collect sufficient evidence to enable the Prosecutor to secure a conviction of the perpetrator without the testimony of any victim. Reasonable steps include:
(a) 
Photographing injuries to any victim, any damage to property and the location and surroundings of the alleged incident;
(b) 
Describing both the physical and emotional condition of the victim in detail;
(c) 
Noting the identity of any witnesses to the incident and determining what they observed;
(d) 
Identifying all persons present at the location at the time of the incident, including children, whether or not they witnessed the incident;
(e) 
Recording any oral comments;
(f) 
Gathering a history of the relationship and its duration;
(g) 
Describing the scene of the alleged crime on first contact and other physical evidence; and
(h) 
Gathering statements and interviewing responding medical personnel or following up with medical personnel if the victim is transported to a facility for medical treatment.
(3) 
A law enforcement officer who responds to an allegation of domestic violence or family violence shall encourage any victim to make an oral and written statement concerning the incident and shall take one from any perpetrator, if possible.
(4) 
A law enforcement officer who responds to an allegation of a crime involving domestic violence or family violence shall ensure that the victim is made aware of the importance of preserving evidence of the incident. In addition, the law enforcement officer shall preserve a chronology of events in written form.
(5) 
If a child is present in the household, the officer shall note their presence. In order to preserve evidence and not taint testimony or induce additional trauma, an interview of a child shall be conducted by someone trained and qualified to interview children. However, if the child makes spontaneous statements, the officer shall note these within his or her report. If a child is present in the household, the officer shall make any reports, as required by Chapter 4.05 TTC, to beda?chelh or another appropriate Tribal or other governmental agency responsible for investigating allegations of abuse or neglect.
(Res. 2013-379; Res. 2021-002)
(1) 
The purpose of mandating arrest of perpetrators is to provide victims with immediate protection from the current violence, to afford them an opportunity to consider legal options, to provide victims with time to safely relocate or obtain a protection order, and to ensure an adequate and prompt law enforcement response to domestic violence or family violence. The person shall be held in custody without bail pending further action by the Court.
(2) 
A law enforcement officer shall, without a warrant, arrest a person and charge him or her for the appropriate crime if the officer has probable cause to believe that the person has committed a crime of domestic violence or family violence within four hours of the time when the victim first has the ability to report the incident. The officer must make an arrest upon probable cause regardless of the express wishes of the victim, but those wishes should be noted in the report.
Nothing in this subsection prohibits an officer from arresting and booking a person upon probable cause to believe that a person has committed a crime involving domestic violence or family violence when more than four hours have passed.
(3) 
If a law enforcement officer receives a complaint alleging a crime involving domestic violence or family violence from two or more persons, the officer shall evaluate each person’s account separately to determine who was more likely to have been the predominant physical aggressor. In determining whether a person was the predominant physical aggressor, the officer must consider the following as well as any other relevant factors:
(a) 
Prior complaints of domestic violence or family violence;
(b) 
The relative severity of the injuries inflicted on each person;
(c) 
The likelihood of future injury to each person; and
(d) 
Whether one of the persons acted in self-defense.
(4) 
If a law enforcement officer determines that one person was the predominant physical aggressor, the officer need not arrest the other person, even if the officer has probable cause to believe that the other person has committed a crime involving domestic violence or family violence against the predominant physical aggressor.
(5) 
A law enforcement officer who does not make an arrest, or who arrests two or more persons after investigating an alleged crime involving domestic violence or family violence, must include in the police report a detailed explanation why the officer did not make an arrest or arrested two or more parties.
(6) 
Persons arrested shall be held pending first appearance without bail.
(7) 
Whenever a Police Officer investigates an allegation of domestic violence or family violence, whether or not an arrest is made, the officer shall make a detailed written report of the alleged abuse and submit that report to the Tulalip Tribes Prosecutor’s office within 48 hours.
(8) 
A Police Officer shall not threaten, suggest, or otherwise indicate the possible arrest of all parties to discourage requests of intervention by law enforcement by any party.
(Ord. 117 § 1.8, 11-5-2001 (Res. 2001-365). Formerly 4.25.080; Res. 2013-379; Res. 2021-002)
A Police Officer shall have the authority to request from the on-call Judicial Officer an emergency criminal no contact order prohibiting contact with the victim, including third party contact, on a form approved by the Court, if the officer has probable cause to believe that a crime involving domestic violence or family violence has occurred. One of the following methods shall be used:
(1) 
The officer shall call the on-call Judicial Officer from jail at time of booking and provide the Judicial Officer with enough information for a finding of probable cause. The officer shall then sign the order on the Judge’s behalf and serve it on the defendant.
(2) 
The officer shall call the Judicial Officer from the scene once arrest has been made and follow the same procedure as above, providing the victim with copy of the order at the scene if possible.
(3) 
The order shall be effective until the first Court appearance or as vacated or amended by Court order.
(4) 
Upon issuance of such an order, the officer shall serve a copy on the perpetrator and file the order with the Court by noon on the next judicial day. The officer shall provide a copy of the order to the victim and assist the victim in securing any essential personal effects.
(Res. 2013-379; Res. 2021-002)
If a Police Officer has probable cause to believe that a person has violated a condition of release from arrest or judgment in a domestic violence or family violence case, the officer shall, without a warrant, arrest the alleged violator.
(Res. 2013-379; Res. 2021-002)
(1) 
Incident to arrest for a crime involving domestic violence or family violence, Tulalip Tribal Police shall seize all weapons that are alleged to have been involved or were threatened to be used in the commission of the crime.
(2) 
The Tulalip Tribal Police may also seize weapons that are in plain view of the officer or that are discovered pursuant to a consensual search, an officer safety pat-down or a search incident to arrest as necessary for the protection of the officer or other persons.
(3) 
Tulalip Tribal Police are authorized to confiscate weapons from a person who is prohibited from possessing or using them.
(Res. 2013-379; Res. 2021-002)
When a law enforcement officer has probable cause to believe that a person has violated one of the following Court orders, the officer shall, without a warrant, arrest the alleged violator. This section applies to all violations of any protection order or no contact order whether civil or criminal. Arrest shall be mandatory where the violation is of one of the following, regardless of whether the issuing authority is the Tulalip Tribal Court or another court:
(1) 
A criminal no contact order;
(2) 
A civil domestic violence protection order;
(3) 
A sexual assault protection order;
(4) 
A civil protection order issued in the context of a family law action;
(5) 
A vulnerable adult protection order;
(6) 
A youth in need of care protection order; or
(7) 
A foreign protection order.
The defendant shall be held without bail pending the first hearing at which time bail and conditions of release shall be established.
(Ord. 117 § 1.18, 11-5-2001 (Res. 2001-365). Formerly 4.25.180; Res. 2013-379; Res. 2021-002)
The Tulalip Tribal Police Department shall maintain written records of arrests, incident reports, and initial contacts in such a manner as to allow tracking and identification of them as related to domestic violence or family violence.
The Tulalip Police Department is not required to provide records of police contacts alleging incidents of domestic violence, family violence, or stalking to the alleged perpetrator. Records may be obtained by Court order after notice to the Prosecutor and a hearing. In ordering disclosure, the Court may order that the victim identification and location be redacted, and may make other orders as necessary to protect the confidentiality of victim and/or witness information.
(Res. 2013-379; Res. 2021-002)
A law enforcement officer or his or her legal adviser shall not be held liable in any civil action for an arrest based on probable cause, enforcement in good faith of any Court order, or any other action or omission made in good faith under this chapter arising from an incident of alleged domestic violence or family violence or violations of one of the named criminal or civil protection orders identified within this chapter.
(Res. 2013-379; Res. 2021-002)
No special treatment by policy makers or law enforcement officials shall be given to any person because of their official capacity as a law enforcement officer, public official, or because of their connections to or influence over policy makers, public officials, law enforcement officers or the community. All procedures and duties set out in this chapter and internal policy Chapter 24 of the Tulalip Tribal Police Department in its current form, or as subsequently modified, shall be strictly adhered to, regardless of any administrative, interagency, or departmental investigation and/or sanctions.
(Res. 2013-379; Res. 2021-002)