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Procedures Manual > 1.10 Citizen complaints, officer-involved shootings and in-custody deaths > Flashcards

1.10 Citizen complaints, officer-involved shootings and in-custody deaths Flashcards

1
Q

All citizen complaints or allegations lodged against the Department members, including volunteers, which involve one or more of the following: arrest, criminal conduct, discrimination, force, and slur. What does this define?

A

A Category I complaint

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2
Q

Allegations limited to one or more of the following: Service, courtesy, procedure, conduct, or other (specify). What does this define?

A

A Category II complaint

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3
Q

What are the five offenses listed under Category I complaints?

A

Arrest, criminal conduct, discrimination, force, and slur.

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4
Q

What are the 5 offenses listed under a Category II complaint?

A

Service, courtesy, procedure, conduct, other (specifiy)

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5
Q

When a command accepts a citizen’s complaint, what form is completed and who is it forwarded to?

A

A Complaint Control Form (CCF) and is is forwarded to the Internal Affairs Unit.

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6
Q

When will the investigation be started?

A

An investigation will not be started until Internal Affairs assigns a case number.

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7
Q

A CCF is a three-part form. Where is the white copy distributed to?

A

The original copy, used by the investigator to record results of the investigation.

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8
Q

Where is the green copy of the CCF forwarded to?

A

This is the complainant’s copy, forwarded to the Internal Affairs Unit for future mailing to the complainant.

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9
Q

Where is the pink copy of the CCF forwarded to?

A

This is the control copy, maintained by the Internal Affairs Unit.

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10
Q

True or false?
Upon receiving the CCF, the Internal Affairs Unit will notify the complainant in writing that the complaint has been received and the green copy of the complaint form will be sent to the complainant.

A

True.

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11
Q

True or false?
The complainant will be furnished a copy of the form; list only specific information or facts on the complainant’s allegations in the summary of the complaint form. Information to be passed on only to the investigator should be recorded on an inter-office memo and attached to the complaint form.

A

True.

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12
Q

True or false?
The “inquiry only” box on the CCF will not be checked by the member initially taking the complaint. Inquiry destinations may only be made by the investigating supervisor’s commanding officer.

A

True.

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13
Q

True or false?
An inquiry response must be complete and follow the same format for responding to, and investigating, all citizen complaints.

A

True.

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14
Q

Which 5 offices receive citizen complaints?

A
  1. Office of the Chief of Police
  2. Internal Affairs Unit
  3. Area Commands
  4. Mayor’s Office
  5. Citizens’ Review Board on Police Practices
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15
Q

True or false?

Complaints will be accepted only in writing.

A

False. Complaints will be accepted in writing, in person, or by telephone.

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16
Q

True or false?
Any citizen complaint, regardless of category, may be lodged at any police facility, at any storefront, at the City Administration Building, at several community-based organizations, or with any member of the Department.

A

True.

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17
Q

True or false?

If a citizen requesting to lodge a complaint confronts a Department member, that member will contact a supervisor.

A

True.

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18
Q

When a citizen calls Communication Division expressing concerns regarding the actions of an officer, Communications personnel will format the call as what?

A

A Public Service Inquiry (PSI)

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19
Q

Who will make contact with the citizen and determine if an explanation or clarification of a policy will resolve a citizen’s concerns?

A

A Field Supervisor

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20
Q

If the responding supervisor cannot satisfy the citizen’s concerns or if the citizen wishes to make a formal complaint, the supervisor will send a message to their dispatcher to change the complaint form a PSI to a what?

A

CCF (Citizen Complaint Investigation)

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21
Q

Should or shall?
All supervisors handling PSI calls for service (should or shall?) add the complainant’s agreement with handling the complaint informant.

A

Shall.

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22
Q

True or false?
By memorializing the information in the CAD incident, no other documentation regarding the resolution of the complaint is required.

A

True.

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23
Q

Should or shall?
If the citizen is contacted after the original incident has been closed, the supervisor handling the PSI call (should shall?) re-open the incident and add the above required comments for PSI calls.

A

Shall.

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24
Q

Is the Incident Number one of the required comments of the PSI form?

A

Yes.

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25
Q

Is the method used to contact the complainant one of the comments added to the PSI form?

A

Yes.

26
Q

If a supervisor chooses to refer a citizen to another supervisor who may have more information regarding the PSI call, does the citizen have to agree to this referral?

A

Yes. The citizen must agree to this referral.

27
Q

If this occurs, the original supervisor shall add what comments?

A
  1. The name and ID number of the 2nd supervisor
  2. The complainant was notified by the 2nd supervisor.
  3. The 2nd supervisor was notified of the incident via email.
28
Q

Does the second supervisor need to re-open the CAD incident and add required comments for PSI calls?

A

Yes.

29
Q

What happens when a citizen comes to Headquarters to file a complaint, who records their complaint?

A

A supervisor from the Internal Affairs Unit will meet with the citizen and record the complaint.

30
Q

There are 4 means by which Citizen Complaints are made, what are they?

A
  1. Complaints made in person
  2. Complaints made in writing
  3. Complaints made by telephone
  4. 3rd party complaints
31
Q

If a signed letter of acknowledgement by the complainant is not returned to the San Diego Police Department, the CCF file will be filed chronologically in the Internal Affairs office as “what?”`

A

“Hold Pending”

32
Q

A file in “hold pending” will be destroyed after (how many?) years?

A

Five, in accordance with California Penal Code Section 832.5

33
Q

Investigations conducted when someone other than a citizen alleges misconduct by a Department member (e.g., another Department member or another law enforcement agency) is called what?

A

An Internal Investigation

34
Q

True of false?
The Chief of Police, or his/her designee, may, at his/her discretion, assign a complaint for investigation, in the absence of a signed letter.

A

True.

35
Q

If a Department member suspects criminal conduct by another member, who would they normally make the complaint through?

A

His/her chain of command

36
Q

Other than the chain of command, who else may the Department member contact if the member suspects criminal conduct by another member?

A

They may contact a Lieutenant from the Internal Affairs Unit directly or call the Confidential Complaint Hotline at 619-531-2672.

37
Q

Are CCF’s used form internal investigations?

A

No.

38
Q

True or false?
Depending on the nature of the allegation(s), internal investigations may be conducted by the subject member’s command or by the Internal Affairs Unit.

A

True.

39
Q

Internal Affairs is responsible for investigating what type complaints?

A

Category I complaints, as well as reviewing all officer-involved shootings and in-custody deaths.

40
Q

Who is responsible for investigating Category II complaints?

A

Category II complaints will be the primary responsibility of the command involved.

41
Q

Category II investigations conducted by a command shall be completed within (how many?) calendar days from the date the complaint was received by the Department?

A

60 calendar days

42
Q

Who can grant an extension of an investigation?

A

An Internal Affairs Lieutanent

43
Q

True or false?

Commanding officers will be contacted by the Internal Affairs Unit and advised about late investigations.

A

True.

44
Q

Category II allegations, which accompany Category I complaints, will be investigated by who?

A

the Internal Affairs Unit

45
Q

True or false?
Once a Department member is identified as the subject of a complaint and a personnel investigation has begun, the supervisor assigned to the investigation and his/her commanding officer will follow the investigation through to a logical conclusion, even if the subject member or supervisor is transferred to another command during the investigation.

A

True.

46
Q 
Should or shall?
Personnel working out-of-class assignments (should or shall?) not investigate complaints without the approval of his/her commanding officer.
A

Should.

47
Q

Category I complaints shall be completed within (how many?) days?

A

90 days.

48
Q

Canvassing by the investigator to find all witnesses;
Obtaining photos or videos, as appropriate, of the scene;
Obtaining photos of injuries, or lack thereof, when appropriate; and,
Recording other physical evidence.
Are these all recognized investigative methods for determining the facts surrounding a complaint?

A

Yes.

49
Q

All interviews conducted by the Internal Affairs Unit will be tape-recorded with what 2 exceptions?

A
  1. Civilian complainants and witnesses may decline to be recorded.
  2. Municipal Employees Association (MEA) members may decline to be recorded.
50
Q

True or false?
If interviewees do not wish to be tape-recorded, the handwritten notes of the interview must be included with the completed investigation.

A

True.

51
Q

True or false?
Prior to conducting a telephone interview, the Department supervisor must obtain consent from the person being interviewed to have the conversation tape-recorded.

A

True.

52
Q

Where can you find basic interviewing techniques outlined?

A

The practices are outlined in the Internal Affairs Unit Operations Manual.

53
Q

Completed investigations will be forwarded to the Internal Affairs Unit. Name the six classifications for the findings.

A
  1. Sustained
  2. Not-sustained
  3. Exonerated
  4. Unfounded
  5. Other findings
  6. Complainant not cooperative (CNC)
54
Q

What does this define?

The Department member committed all or part of the alleged acts of misconduct.

A

Sustained.

55
Q

What does this define?

The investigation produced insufficient information to clearly prove or disprove the allegations.

A

Not sustained.

56
Q

What does this define?

The alleged act occurred but was justified, legal and proper, or was within policy.

A

Exonerated.

57
Q

What does this define?

The alleged act did not occur.

A

Unfounded.

58
Q

What does this define?

The investigation revealed violations of Department policies/procedures not alleged in the complaint.

A

Other findings.

59
Q

What does this define?
The complainant either cannot be located to be interviewed, refuses to be interviewed, or fails to provide sufficient pertinent details to address the allegation. Repeated attempts must be made to locate the complainant throughout the investigation.

A

Complainant not cooperative (CNC)

60
Q

Who conducts criminal investigations of all incidents in which a Department member intentionally shoots at a person, including such incidents resulting in no injuries (misses)?

A

The Homicide Unit

61
Q

True or False?

The Homicide Unit will submit its completed investigation to the Internal Affairs Unit.

A

True.

Procedures Manual (11 decks)

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