General Orders - Investigation of Deadly Force Flashcards
Deadly Force definition
Force which is intended to cause death or serious injury or which creates some specific degree of risk that a reasonable and prudent person would consider to cause death or serious injury
Deadly Force Policy Statement
It is mandatory that all incidents involving the use of deadly force be investigated uniformly and objectively
Officer responsibilities when discharging weapon either intentional or accidental, except when destroying an animal or training
Determine physical condition of any injured person and render aid
Request medical aid
Notify communications of the incident and location
Officer shall remain on scene unless injured or hazardous
Protect the weapon used
Not discuss the case except to a supervisor or assigned personnel
Submit two copies of form 159 (Weapons use form)
Communication responsibilities in deadly force
Dispatch requested medical aid
Notify the on-duty Watch Commander
Watch Commander duties in a deadly force incident
Notify Police Commissioner or designee Notify ISB Commander Proceed immediately to the scene Secure the scene Conduct preliminary field investigation
ISB Commander duties in a deadly force incident
Call in Squad 1
Proceed immediately to the scene
Direct investigation
Assign OIC of equal or higher rank than those involved
Determine if incident needs criminal or internal investigation or both
Notify Police Commissioner if administrative investigation is appropriate
Squad 1 duties in a deadly force incident
Proceed immediately to the scene
Conduct in-depth investigation
Report findings to ISB Commander
DC duties in a deadly force incident
Evaluate information from ISB Commander
Initiate an administrative investigation when appropriate
Reporting procedures for officer involved
Verbally report to immediate supervisor
Final report after 2 sleep cycles generally 48 hours
Destructive symptom that occurs as a result of sympathetic nervous system
Critical incident amnesia
All use of force incident will be immediately reviewed by
On duty supervisor
Officers and their families involved in deadly force have available to
Police Chaplain
Can Chaplain services be related to a department investigation
No
Who approves an officers return to duty from a deadly force incident
Police Commissioner
Criminal investigation interviews are for the
Basis for filing criminal charges
Before an officer is interviewed
Notified of being suspected of a criminal charge and constitutional rights
Officer may have legal counsel present but not allowed to participate in the investigation
Who completes the investigation of deadly force
The assigned Criminal Investigations Unit
Duties of the assigned investigations unit
Proceeding to the scene without delay Checking security of the scene Securing any weapons Seizing samples of unspent ammunition Separating and securing all witnesses Obtaining statements Canvassing the area Obtaining photos and diagrams Securing all physical evidence Preserving all communication records Obtaining statements from officers involved Obtaining hospital reports Presenting investigation to the prosecutor's office
Administrative investigation definition
Investigation to determine whether the involved or acts were consistent with departmental policy or procedures
Administrative investigation to determine
Within policy
Out of policy
Accidental
Administrative investigation will evaluate
Drawing and display of the weapon
Use of the weapon
Tactics prior to drawing and use
Tactics during and following use
Administrative warning that is required before interviewing
Garrity warning and be told he is suspected of misconduct
Personal interviews will be conducted in a reasonable time
Yes
Interviews will be held when
During duty hours unless off duty interviews can be justified
Can officers get a copy of their statements
Yes
Who comprises the deadly force review board
DC, ISB Commander, Patrol Services Bureau Commander
What does the Deadly Force Review Board evaluate
Criminal investigations report
Administrative investigations report
Direct testimony if necessary
Deadly Force Review Board determines
Was in policy, out of policy, accidental.
Quality of supervision
Quality of investigation process
How long before the Deadly Force Review Board reports its findings
No later than 10 days to the Police Commissioner
What can the Police Commissioner do with the review board findings
Accept or not accept their findings
Where can an officer be assigned after deadly force
Administrative services bureau
Officers after deadly force where injury or death occurs
Must undergo a briefing with a mental health professional
Participate in officer wellness
Police Commissioner or designee shall contact HR and request an appointment no later than
The next business day
The training unit shall qualify all officers directly involved in the incident after they have been cleared to return to work
Yes
The _____________ shall be responsible to complete the National Use of Force Data collection sheet monthly and submit it to the DOJ/FBI via the website
Technical Services Sergeant