Officer Involved Shooting
310.1 PURPOSE AND SCOPE
To establish policy and procedures for the
investigation of an incident in which a person is injured as the
result of a police shooting. The intent of this policy is to
ensure that such incidents be investigated in a fair and impartial
manner.
310.2 INVESTIGATION RESPONSIBILITY
Nothing in this policy is intended to increase,
modify, or in any way affect the current legal standards nor shall
any deviation from these guidelines be considered a breach of any
legal standard.
310.3 TYPES OF INVESTIGATIONS
Officer involved shootings involve several
separate investigations. The investigations may include:
(a) A Criminal Investigation of the incident by
the agency having jurisdiction where the incident occurred. This
agency may relinquish its criminal investigation to the Riverside
Sheriff's Office with the approval of the Chief of Police or a
Division
Commander.
(b) A Criminal investigation of the involved
officer(s) conducted by an outside agency.
(c) A Civil investigation to determine potential
liability conducted by the involved officer's agency.
(d) An Administrative Investigation conducted by
the involved officer's agency, to determine if there were any
violations of Department policy.
310.4 JURISDICTION
Jurisdiction is determined by the location of the
shooting and the agency employing the involved officer(s). The
following scenarios outline the jurisdictional responsibilities
for investigating officer-involved shootings:
310.41 DESERT HOT SPRINGS OFFICER WITHIN CITY
BOUNDARIES
The Desert Hot Springs Police Department is
responsible for the criminal investigation of the suspect's
actions, the civil investigation, and the administrative
investigation. The criminal investigation of
the officer-involved shooting will be conducted by the Riverside
Sheriff's Office.
310.42 ANOTHER AGENCY'S OFFICER WITHIN DHS'
BOUNDARIES
The Desert Hot Springs Police Department is
responsible for the criminal investigation of the suspect's
actions. The criminal investigation of the officer-involved
shooting will be conducted by the Riverside Sheriff's Office. The
officer's employing agency will be responsible for any civil
and/or administrative investigation(s).
310.43 DESERT HOT SPRINGS OFFICER OUTSIDE CITY
BOUNDARIES
The agency where the incident occurred has
criminal jurisdiction and is responsible for the criminal
investigation of the incident. That agency may relinquish its
criminal investigation of the suspect(s) to another agency. The
Desert Hot Springs Police department will conduct timely civil
and/or administrative investigations.
310.44 INVESTIGATION RESPONSIBILITY MATRIX
The following table identifies the possible
scenarios and responsibilities for the investigation of officer
involved shootings:
Criminal Investigation of Suspect(s)
Criminal Investigation of Officer(s)
Civil Investigation
Administrative Investigation
Desert Hot Springs Officer in the City Desert Hot
Springs
Detectives
District
Attorney's Office
Desert Hot Springs Civil Liability Team
Desert Hot Springs Professional Standards Unit
Another agency's officer in the City of Desert Hot
Springs
Desert Hot Springs Detectives
District Attorney's Office
Involved Officer's Agency
Involved Officer's Agency
Desert Hot Springs Officer in another
jurisdiction.
Agency where incident occurred
Decision made by agency where incident occurred
Desert Hot Springs Civil Liability team
Desert Hot Springs Professional Standards Unit
310.5 THE INVESTIGATION PROCESS
The following procedures are guidelines used in
the investigation of an officer involved shooting.
310.51 DUTIES OF INITIAL ON SCENE SUPERVISOR
Upon arrival at the scene of
an officer involved shooting, the first uninvolved supervisor
should:
(a) Take all reasonable
steps to obtain emergency medical attention for all apparently
injured individuals.
(b) Attempt to obtain a
brief overview of the situation from any non-shooter officer(s).
1. In the event that there
are no non-shooter officers, the supervisor should attempt to
obtain a brief voluntary overview from one shooter officer.
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Officer Involved Shooting
(c) If necessary, the
supervisor may administratively order any officer from this
department to immediately provide public safety information
necessary to secure the scene and pursue suspects.
1. Public safety information shall be limited to
such things as outstanding suspect information, number and
direction of shots fired, parameters of the incident scene,
identity of known witnesses and similar information.
(d) Absent a voluntary statement from any
officer(s), the initial on scene supervisor should not attempt to
order any officer to provide other than public safety information.
(e) Provide all available information to the Watch
Commander and Communications (If feasible, sensitive information
should be communicated over secure networks).
(f) Take command of and secure the incident scene
with additional personnel until relieved by a detective supervisor
or other assigned personnel.
(g) As soon as practical, shooter officers should
respond or be transported (separately, if feasible) to the station
for further direction.
1. Each involved officer
should be given an administrative order not to discuss the
incident with other involved officers pending further direction
from a supervisor.
2. When an officer's weapon is taken or left at
the scene (e.g. evidence), the officer will be provided with a
comparable replacement weapon or transported to the station by
other officers.
310.52 WATCH COMMANDER DUTIES
Upon learning of an officer involved shooting, the
Watch Commander shall be responsible for coordinating all aspects
of the incident until relieved by the Chief of Police or a
Division Commander.
310.53 NOTIFICATIONS
The following person(s) shall be notified as soon
as practical:
Chief of
Police
Detective
Division Commander
District
Attorney OIS Rollout Team
Internal
Affairs
Risk
Management Personnel
Psychological/Peer
Support Personnel
Coroner
(if necessary)
Officer
Representative (if requested)
Lieutenant
All outside inquiries about the incident shall be
directed to the Watch Commander.
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Officer Involved Shooting
310.54 MEDIA RELATIONS
A single press release shall
be prepared with input and concurrence from the supervisor and
agency representative responsible for each phase of the
investigation. This release will be available to the Chief of
Police or his or her designee in the event of inquiries from the
media.
It will be the policy of this agency to not
release the identities of involved officers absent their consent
or as required by law. Moreover, no involved officer shall be
subjected to contact from the media [Govt. Code § 3303(e)] and no
involved officer shall make any comments to the press unless
authorized by the Chief of Police or a Division Commander.
Law enforcement officials receiving inquiries
regarding incidents occurring in other agency jurisdictions shall
refrain from public comment and will direct those inquiries to the
agency having jurisdiction and primary responsibility for the
investigation.
310.55 INVOLVED OFFICERS
Once involved officer(s)
have arrived at the station, the Watch Commander should confirm to
each officer that the incident is not to be discussed except with
authorized personnel or representatives. The following shall be
considered for the involved officer:
(a) Any request for legal representation will be
accommodated.
(b) Discussions with licensed attorneys will be
considered privileged as attorney client communications.
(c) Discussions with departmental (e.g.
association) representatives will be privileged only as to the
discussion of non-criminal information. [Govt. Code § 3303(i)]
(d) A psychotherapist shall be provided by the
Department to each involved officer, or any officer upon request.
1. Interviews with a licensed psychotherapist will
be considered privileged and will not be disclosed except to the
extent that the officer is or is not fit for return to duty.
(e) Although the Department will honor the
sensitivity of communications with peer counselors, there is no
legal privilege to such and peer counselors are cautioned not to
discuss the facts of any incident with an involved or witness
officer.
Care should be taken to
preserve the integrity of any physical evidence present on the
officer, equipment or clothing (e.g. blood, fingerprints, etc.)
until investigators or lab personnel can properly retrieve it.
Investigators shall make reasonable accommodations
to the officer's physical and emotional needs. [Govt. Code §
3303(d)]
Each involved officer shall
be given reasonable paid administrative leave following an officer
involved shooting and it shall be the responsibility of the Watch
Commander to make schedule adjustments to accommodate such leave.
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310.6 THE SHOOTING INCIDENT CRIMINAL INVESTIGATION
310.61 DETECTIVE PERSONNEL
Once notified of an officer
involved shooting, it shall be the responsibility of the Detective
Division Commander to assign appropriate detective personnel to
handle the department's investigation of related crimes.
Departmental detectives will be assigned to work with
investigators from the District Attorney's Office and may also be
assigned to separately handle the investigation of any related
crimes not being investigated by the District Attorney's
Office.
All related departmental
reports except administrative and/or privileged reports will be
forwarded to one designated detective supervisor for approval.
Privileged reports shall be maintained exclusively by those
personnel authorized such access. Administrative reports will be
forwarded to the appropriate Division Commander.
310.62 CRIMINAL INVESTIGATION
It shall be the
policy of this agency to utilize the Riverside Sheriff's Office to
conduct an independent criminal investigation into the
circumstances of any officer involved shooting involving injury or
death.
If available, detective personnel from this agency
may be assigned to "partner" with investigators from the
Riverside Sheriff's Office so as to not duplicate efforts in
related criminal investigations.
Once public safety issues have been addressed,
criminal investigators will be given the next opportunity to
interview involved officers in order to provide the officer(s)
with an opportunity to give a voluntary statement. The following
shall be considered for the involved officer:
(a) Supervisors and
Professional Standards personnel should not participate directly
in any voluntary interview of officers. (This will not prohibit
such personnel from monitoring such interviews or indirectly
providing areas for inquiry).
(b) If requested, any involved officer will be
afforded the opportunity to consult with a representative of his
or her choosing or an attorney, prior to speaking with criminal
investigators.
(c) Any voluntary statement provided by the
officer(s) will be made available for inclusion in the
administrative or other related investigations.
(d) Absent consent from the involved officer or as
required by law, no administratively coerced statement(s) will be
provided to any criminal investigators.
310.63 REPORTS BY INVOLVED OFFICERS
In the event that suspects remain outstanding or
subject to prosecution for related offenses, this Department shall
retain the authority to require involved officers to provide
sufficient information for related criminal reports to facilitate
the apprehension and prosecution of those individuals {Government
Code § 3304(a)}.
While the involved officer
may write the report, it is generally recommended that such
reports be completed by assigned investigators who should
interview involved officers as victims/witnesses. Since the
purpose of these reports will be to facilitate criminal
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Officer Involved Shooting
prosecution, statements of involved officers
should focus on evidence to establish the elements of criminal
activities by involved suspects. Care should be taken not to
duplicate information provided by involved officers in other
reports.
Nothing in this section shall be construed to
deprive an involved officer of the right to consult with legal
counsel prior to completing any such criminal report.
Reports related to the prosecution of criminal
suspects will be processed according to normal procedures, but
should also be included for reference in the investigation of the
officer involved shooting.
310.7 ADMINISTRATIVE INVESTIGATION
In addition to all other
investigations associated with an officer involved shooting, this
agency will conduct an internal administrative investigation to
determine conformance with department policy. This investigation
will be conducted under the supervision of the Professional
Standards Unit and will be considered a confidential peace officer
personnel file.
(a) Any officer involved in
a shooting may be administratively compelled to provide a blood
sample for alcohol/drug screening. Absent consent from the
officer, such compelled samples and the results of any such
testing shall not be disclosed to any criminal investigative
agency.
(b) If any officer has voluntarily elected to
provide a statement to criminal investigators, the assigned
administrative investigator should review that statement before
proceeding with any further interview of that involved officer.
1. If a further interview of the officer is deemed
necessary to determine policy compliance, care should be taken to
limit the inquiry to new areas with minimal, if any, duplication
of questions addressed in the voluntary statement.
The involved officer shall be provided with a copy
of his or her prior statement before proceeding with any
subsequent interview(s). [Govt. Code § 3303g]
(c) In the event that an involved officer has
elected to not provide criminal investigators with a voluntary
statement, the assigned administrative investigator shall conduct
an administrative interview to determine all relevant information.
1. Although this interview should not be
unreasonably delayed, care should be taken to ensure that the
officer'(s) physical and psychological needs have been addressed
before commencing the interview.
2. If requested, the officer shall have the
opportunity to select an uninvolved representative to be present
during the interview. [Govt. Code § 3303(i)]
3. Administrative interview (s) should be tape
recorded by the department [the officer may also record the
interview - Govt. Code § 3303(g)].
4. The officer shall be informed of all
constitutional "Miranda" rights [Govt. Code § 3303(h)]
and, assuming no voluntary waiver, will then be given an
administrative order to provide full and truthful answers to all
questions [Govt. Code § 3303(e)]. The officer shall be informed,
however, that the interview will be for administrative purposes
only and that the statement cannot be used criminally. (The
Lybarger or Garrity admonishment).
5. The administrative interview shall be
considered part of the officer's confidential personnel file.
6. The Professional Standards Unit shall compile
all relevant information and reports necessary for the department
to determine compliance with applicable policies.
7. The completed administrative investigation
shall be submitted to the Use of Deadly Force Review Board, which
will determine compliance with the department's Use of Deadly
Force Policy only.
8. Any other indications of potential policy
violations shall be determined in accordance with standard
disciplinary procedures.