3.110.3 Post Use of Force Investigations

Question 1

A designated officer who is not involved in the use of deadly force and whose responsibilities are to prevent discussions regarding the incident among subject officers, witness officers, witnesses, and with other individuals who arrive at the scene prior to FIT.

Answer 1

Monitor officer

Question 2

An officer’s discharge of a firearm at a person, with or without physical injury.

Answer 2

Officer involved shooting

Question 3

A series of questions to obtain information to determine if there is an immediate threat to public safety

Answer 3

Public safety statement (PSS)

Question 4

Any use of force which results in injury or complaint of injury, complaint of continuing pain, or any force greater than low-level force.

Answer 4

Reportable force

Question 5

Who will complete the use of force report on officer involved shooting or use of deadly force incidents, and when applicable, the pursuit report?

Answer 5

The Critical Incident Review Team (CIRT)

At the discretion of the CIRT lieutenant, they will also complete the use of force report when low lethality options are used.

Question 6

When will CIRT complete the firearm discharge report?

Answer 6

1. Any discharge at a person, regardless of injury
2. Negligent discharge of a firearm during a law enforcement operation
3. The discharge of any firearm (other than at a human being) which includes dog or animal shoots in self defense or to humanely euthanize. Resident officers are an exception.

Question 7

Supervisors involved in the use of force incident will not investigate other subject officers, investigative duties will be relinquished to who?

Answer 7

The next level of supervision in the officer’s chain of command.

If the next level of supervision in the officer’s chain of command is unavailable, the supervisor involved in the use of force incident will notify the on-duty watch commander. The watch commander will delegate the next level of supervision responsible for the use
of force investigative duties.

Question 8

When investigating a use of force, third party video surveillance will be noted in Blue Team and impounded as what?

Answer 8

Evidence

Question 9

If a use of force has been alleged, but it has been determined to be unfounded, how does the supervisor document it?

Answer 9

On a citizen’s contact.

Question 10

On an OIS, the monitor officer will:

Answer 10

1. Not talk to the officer about the facts and circumstances of the incident
2. Ensure that under no circumstances any representative be allowed to speak to or move the location of any subject or witness officer prior to a FIT supervisor’s approval
3. Ensure that subject officers and witness officers do not discuss the incident being investigated
4. Remain with the officer until the firearms countdown is completed or dismissed by a FIT supervisor.

Question 11

Who will make the final determination regarding the status of an officer being a witness or subject?

Answer 11

The ranking FIT supervisor.

Question 12

In the event a supervisor is involved in an OIS and no other supervisor is immediately available to take the PSS, who will conduct the PSS?

Answer 12

The senior officer on scene.

Question 13

Will the watch commander respond immediately to the scene of the use of deadly force?

Answer 13

Yes

Question 14

If the subject officer provides FIT with a voluntary statement and probable cause exists, FIT will complete the arrest. If the subject officer does not speak with FIT and is the only witness, who will make the decision to arrest and be responsible for completing all the arrest paperwork?

Answer 14

The subject officer

Question 15

Who all is required to complete a use of force report?

Answer 15

Each officer that uses reportable force in an incident.

Question 16

Do civilians have to complete a use of force report if they use reportable force?

Answer 16

Yes.

Question 17

Use of force reports will be completed by ___________ and reviewed through the chain of command within ______ days.

Answer 17

the end of shift

30

Question 18

Can acting supervisors investigate a use of force?

Answer 18

No

Question 19

All _____________________ on a subject, regardless of visible injury, will be photographed and downloaded into blue team.

Answer 19

Reportable uses of force

Question 20

To ensure that an officer’s rights are not infringed upon and that the department is in compliance with 289, the department will conduct a deadly force investigation similar to an internal affairs investigation where the officer is identified as a _________________ until the investigation is completed.

Answer 20

Subject officer

Question 21

When practical, who should be present during the PSS?

Answer 21

The shooting officer and the supervisor.

Question 22

If multiple officers are involved in a use of force, how should the PSS be completed?

Answer 22

Separately with each officer.

Question 23

How should a PSS be documented?

Answer 23

Written down.

The PSS should not be recorded on BWC

Question 24

FIT response criteria

Answer 24

1. Any use of deadly force
2. Any incident where a department member, in the course of their duties, is a victim of a significant violent crime or sustains substantial injury
3. In-custody death including any subject assigned to the Electronic Monitoring Program (EMP), either with an ankle monitor or on house
   arrest.
4. Other jurisdiction requests that meet FIT criteria
   5) Suspect or citizen receives a substantial bodily injury or is killed in a police operation.
   6) Any investigation and/or incident at the request of the Sheriff or designee.
   7) Any alleged negligent discharge of a firearm, on/off duty with injury to a human being.

Question 25

CIRT will respond to:

Answer 25

1. OIS or UOF resulting in death
2. The intentional discharge of any firearm on duty
3. Deadly force PIT maneuvers or PIT maneuvers resulting in death or substantial bodily injury.
4. Officer, while in the line of duty, is killed or sustains a substantial bodily injury, including a traffic collision
5. In-custody death during a police operation or at CCDC where no clear medical issues are related to the death. CIRT will respond to in-custody suicides and attempt suicides
6. A high-risk incident, such as an active shooter or large scale civil unrest, upon the request of the sheriff

Question 26

Witness officers ____________ provide a walkthrough and an audio recorded statement as needed or directed by FIT.

Answer 26

Will

Witness officers who refuse to provide info will be deemed in violation of 8.160, obedience and insubordination

Question 27

If an OIS occurs with a commissioned officer, supervisor, or civilian weapons carrier, who ensures the completions of a drug and alcohol analysis?

Answer 27

CIRT

Question 28

The purpose of a scene walkthrough is to assist investigators with an understanding of the scene, identifying physical evidence and officer locations at the time deadly force was used. The walkthrough with the ______________ is voluntary, and it is not an interview.

Answer 28

Subject officer

Question 29

IAB will complete the Firearm Discharge Report on:

Answer 29

Negligent discharge of a firearm whether on or off duty

Question 30

Any exception for the use of force report not being completed by the Officers end of shift must be approved by?

Answer 30

Supervisor

Question 31

Use of force report will include detailed description of ________, ______, or ________ used to include its effectiveness, and the ______________________ force factors.

Answer 31

force, tool, or tactic

eight “objectively reasonable”

Question 32

Use of Force with a Vehicle VCT

Answer 32

Use of this technique requires a Use of Force Report. Any contact or collision will be documented by the Traffic Bureau on a Vehicle Incident Report.

Question 33

Use of Force with a Vehicle PIT

Answer 33

Traffic officers will respond to assist with the traffic investigation.

Question 34

Investigative Responsibilities – Use of Non-Deadly Force for Supervisor

Answer 34

a. Respond, without delay, to an incident in which reportable force is used.

b. Determine the level of force; if deadly force was used or if there is substantial bodily injury, Substantial bodily injury is an injury that creates a substantial risk of death, causes serious permanent disfigurement, or results in a prolonged loss or impairment of the functioning of any body part. Examples may include skeletal fractures, brain bleeds, head/chest injuries which create a risk of death, or paralysis. Wounds not amounting to substantial bodily injury may include a broken wrist, cracked tooth, abrasions, or
sprains.

c. Conduct an investigation by interviewing the subjects, officers, medical personnel, and witnesses.

d. Ensure photographs are taken and placed into Blue Team, to include the subjects, the scene, officers involved, and collect any evidence.

e. For the review of body worn camera video, see LVMPD 7.136, Body Worn Cameras.

f. Check the surrounding area for any video surveillance, obtain a copy, and ensure the third-party video is impounded as evidence and noted in Blue Team.

g. Review all applicable reports to ensure accuracy and completeness.
1) Document how a use of force has been determined to be appropriate and in adherence to department policy. If the use of force is determined to not be appropriate, it will be sent through the chain of command to decide if a Statement of Complaint (SOC) is necessary. If other misconduct is identified, the supervisor will document how it was addressed.

2) Document training deficiencies and how they were corrected.

h. When an ECD has been used:
1) Ensure the data record has been uploaded into Blue Team.
2) Verify the probes, wires, and cartridges are properly impounded, and arrange for replacement cartridges (accidental discharges will not require impounding unless there has
been an injury).

i. Document the investigation in a Citizen Contact (CC) in Blue Team when alleged use of force is determined to be unfounded.

Question 35

When an Officers discharges a firearm the officer will?

Answer 35

1) Ensure life safety.

2) Ensure the scene is safe and secure.
3) Immediately notify Dispatch (via radio if on-duty; Dispatch will update the CAD event accordingly):
a) If needed, request medical assistance and provide information on injuries.
b) Include suspect description and location.

4) Once the scene is static, an officer should not modify, load, or unload any firearm used prior to the countdown by FIT. In addition, the officer will not modify their attire to include positioning of their equipment and BWC.

Question 36

First arriving Supervisor responsibility on use of force results in death or SBI

Answer 36

a. Act as incident commander (per LVMPD 3.500, Major Incident and All Hazard Plan) until relieved and will:
1) Ensure medical attention is provided for those in need.
2) Ensure the crime scene is safe and secure, preventing the possibility of contamination or alteration.
a) This responsibility includes the removal of unauthorized persons, including officers from the inner perimeter of the crime scene. A degree of tact and good judgment must be exercised to avoid alienating potential witnesses who may possess information of
value.

 3) Update Dispatch and request that notifications be made.
 
 4) Coordinate the search for outstanding suspects.

 5) Oversee the identification and isolation of witnesses.

 6) Ensure witness officers and subject officers are separated and placed in a secure environment with a monitor officer. The monitor officer will:
  a) Not talk to the officer about the facts and circumstances of the incident.
  b) Ensure that subject/witness officers remain at scene. Under no circumstance will any representative be allowed to move the location of any subject or witness officer prior to a FIT supervisor’s approval.
  c) Ensure that subject officers and witness officers do not discuss the incident being investigated.
  d) Remain with the officer until the firearms countdown is completed or dismissed by a FIT supervisor.

b. Provide FIT detectives on the names and locations of the subject officers and potential witness officers. If there is concern that an officer is not a witness officer, but a subject officer, the ranking FIT supervisor will make the final determination regarding the status of the officer(s).

c. Remain on scene, and do not leave until released by the FIT supervisor.

Question 37

Appropriate PD or on-scene Supervisor responsibility on use of force results in death or SBI will:

Answer 37

a. Respond immediately to begin assisting in the early management of the crime scene, the identification and separation of witnesses, and the canvass.

b. Ensure the Major Incident Log has been assigned and completed.

Question 38

Only essential personnel will attend the briefing. Essential personnel will be identified by_____________

Answer 38

FIT Supervisor

Question 39

Is a scene walkthrough mandatory for witness Officer?

Answer 39

Yes

Question 40

Who will determine which officer will be photographed during OIS

Answer 40

FIR Supervisor

Question 41

Who will officers relinquish their firearms to per the FIT supervisor

Answer 41

CSI

Question 42

FIT will conduct a voluntary interview with subject officer a minimum of how many hours after the incident?

Answer 42

48

Question 43

During an incident involving the use of deadly force or where substantial bodily injury or death Supervisors will place other officers in relief of duty status at the direction of

Answer 43

PEAP

Question 44

Who will Ensure a drug (and alcohol) analysis will be performed if the shooting officer is a commissioned officer, supervisor, or civilian weapons carrier

Answer 44

CIRT supervisor

Question 45

During an incident involving the use of deadly force or where substantial bodily injury or death identify of officers will not be released to the public or media for how many hours

Answer 45

48

Question 46

During an incident involving the use of deadly force or where substantial bodily injury or death occurs media release to the general public will occur after how many hours?

Answer 46

72-hour executive staff briefing