P-12 POLICE-INVOLVED SHOOTINGS AND FATAL OR SERIOUS INJURY INCIDENTS Flashcards
P-12 POLICE-INVOLVED SHOOTINGS AND FATAL OR SERIOUS INJURY INCIDENTS
1- PURPOSE
The purpose of this Order is to delineate the policy for investigating officer involved shootings or other incidents involving officer/employees which result in serious injury or fatalities and to thoroughly investigate all serious incidents involving multiple jurisdictions or personnel from other law enforcement agencies.
2- POLICY
Investigation of police-involved shootings or other incidents, which result in serious injury or death, are complex and demanding. The consequences of such an incident can be profound and affect many people in the Department and the community. For these reasons, it is the policy of the Berkeley Police Department to investigate all such incidents thoroughly, fairly and in compliance with the directions of this Order.
POLICE-INVOLVED SHOOTINGS AND FATAL OR SERIOUS INJURY INCIDENTS
P-12 officer involved shooting or serious injury
3- PROCEDURES
The Berkeley Police Department will investigate all police-involved shootings or other incidents which result in serious injury or death that occur in the City of Berkeley, whether they involve Berkeley Police employees or employees of another law enforcement agency.
If a serious incident takes place in two or more jurisdictions, each part of the incident will be investigated by the agency having primary jurisdiction over the geographical area in which that part occurs.
The policy applies to sworn officers and non-sworn employees who are on duty, and it applies to sworn officers who are off duty but assume an on-duty status to accomplish a police objective.
An “Officer Involved Shooting and Fatal/Serious Injury Incidents Checklist for Sergeants /Watch Commanders is attached at the end of this directive. The Checklist should be used to facilitate the investigation, with appropriate copies routed to the Administrative Division Captain, Division Commander(s) of the involved employee(s) and the Homicide Detail.
(a) When a police-involved shooting or other incident results in serious injury or death, a member of the Berkeley Police Department Homicide Detail shall notify the Alameda County District Attorney’s on-call “Officer- Involved Shooting Team” or “Homicide Unit.” These notifications may be made via the Alameda County Sheriff Department’s Dispatchers.
(1) The District Attorney’s Office will determine if the incident is one that they will respond to. Where deemed appropriate by the District Attorney’s Office, they will conduct an investigation independent and apart from our investigations.
b) If the District Attorney’s Office determines they will respond, the Homicide Detail shall insure they are provided with a summary of all investigative information upon arrival at the incident scene. Members of the District Attorney’s Office shall be allowed to view and photograph the scene and all physical evidence. They shall also be provided with the opportunity to interview all witnesses and involved officer(s)/employee(s).
(1) The District Attorney’s Office will conduct a separate investigation of the incident without interfering and will receive full cooperation from members of the Berkeley Police Department, including being present at officer/employee interviews and submitting questions in writing to be asked of the involved personnel.
(c) Upon completion of their investigation, the District Attorney’s staff will provide the Berkeley Police Department with a written report of their investigation, generally within 30 days of the incident.
P-12 officer involved shooting or serious injury
P-12 Procedure outside jurisdiction
4- Shootings or incidents which result in injury or death, involving an on-duty or off- duty Berkeley Police Department employee and which occur in another jurisdiction, will be investigated by that jurisdiction.
(a) In all cases involving Officer Involved Shootings or serious injury incidents by Berkeley Police Officers in another jurisdiction, a member of the Berkeley Homicide Detail will be contacted by the Communications Center to respond to the incident scene. He/she will coordinate and serve as a liaison for our Department.
P-12 Procedure outside jurisdiction
P-12 POLICE-INVOLVED SHOOTINGS AND FATAL OR SERIOUS INJURY
INCIDENTS
5 - The purpose of any criminal investigation conducted under this Order is to determine if a crime occurred, and if so, to identify the person(s) responsible, the degree of the crime, any legal or factual defenses to the crime, and the existence of any factors which might mitigate or aggravate the punishment for the violation(s) committed.
The criminal investigation will be conducted as soon as possible after the incident becomes known and will take precedence over any administrative investigation that may be required by another association policy statement or policy of another agency.
6 - An administrative investigation will be conducted concurrently with, but separate
from, any criminal investigation of a police-involved shooting, serious injury
incident or death conducted under this Order.
(a) The criminal investigation shall have priority.
7 - The purpose of the administrative investigation conducted under this Order is to identify training deficiencies and to determine if there are any violations of policy or procedures of the Berkeley Police Department, and if so, the identity of the person(s) responsible for the violation(s).
P-12 criminal and administrative investigations
