Procedure Section 8 (Firearms) Flashcards
8.1 USE OF FIREARMS/DEADLY FORCE-Warning Shots
Warning or Attention Shots
Warning or attention shots fired into the air or ground present a danger to the deputy and innocent persons and are generally prohibited.
8.1 USE OF FIREARMS/DEADLY FORCE-Shooting at Vehicles
Shooting at a motor vehicle for the purpose of disabling that vehicle is prohibited.
Shooting at or from a moving vehicle is generally prohibited, except when immediately necessary to protect persons from death or serious bodily injury.
Deputies shall not knowingly place themselves in the path of a moving vehicle or in the likely path of a vehicle that is currently stopped but is under the immediate control of a driver.
Shooting at the driver or occupant of a moving vehicle in self defense or the defense of another is an option only if:
The deputy reasonably believes he or she, or another person, cannot move to a
safe position.
There are no other safe and viable options available.
It is in defense of the life of the deputy or another person.
8.2 DISCHARGE OF FIREARMS-Notification
Deputies and authorized professional staff members shall notify the Communications Center of any discharges of firearms as soon as is reasonably practical, regardless of whether the discharge was unintended
8.2 DISCHARGE OF FIREARMS- At training/quals and Into Loading Barrels
When a shooting incident is a negligent or unintended discharge, other than inside a loading barrel, the supervisor will advise the deputy that they are required to contact the Weapons Training Unit to schedule training and requalification. The training shall be accomplished by the next working day.
The discharge of a firearm during the use of a Department approved loading barrel will be an exception. The command is required to complete an administrative investigation documenting the circumstances of the unintended discharge.
No referral to Internal Affairs is required.
The completed investigation will be sent to DIS.
No discipline will result.
Discharge of firearms during participation in Department Qualifications, training, or practice at an authorized Sheriff’s training facility or range is also an exception.
Unintended discharges of firearms during Department training or qualification events shall be reported to the Weapons Training Unit staff.
8.2 DISCHARGE OF FIREARMS-OIS Norifications/Procedures following Comm Center Notification
Communications Center
Upon the notification of a deputy involved shooting incident, the Communication Center will notify the involved deputy’s immediate supervisor, the on call Homicide Detail Sergeant and the affected captain or station/facility commander.
If the shooting is confirmed to be an unintended discharge, the Communications Center will notify the involved deputy’s immediate supervisor, the affected captain or station/facility commander and the Weapons Training Unit Sergeant or on-call deputy.
Sergeant
The sergeant, upon notification of a deputy involved shooting, shall respond to the scene. The sergeant shall obtain a safety statement from the deputy involved.
The sergeant shall arrange transportation for the deputy involved in the shooting to the nearest Sheriff’s station. At no time shall the deputy drive from the scene to the station alone.
The sergeant is responsible for crime scene management. The sergeant will ensure there is sufficient manpower to secure the scene, separate witnesses, etc. in accordance with Section 6.33 Major Crime Scenes, Primary Responders.
The sergeant shall review all reports of the incident to ensure proper documentation has been made.
Homicide Detail
Upon notification of a deputy-involved shooting incident, the on-call Homicide Sergeant will make a determination of manpower requirements. The Homicide investigative team, under the direction of the Homicide-Sergeant, will thereafter make a thorough investigation of all factors related to the incident. A complete report of the incident will be prepared and submitted to the Homicide Detail Lieutenant. Homicide Detail procedure for deputy-involved shooting incidents will be followed as nearly as practicable in all cases.
The Crime Laboratory will respond with a crime scene investigation team to assist in the investigation of any deputy involved shooting. The Crime Laboratory will send a Forensic Evidence Technician and Criminalist to properly document the scene. In addition to scene processing, laboratory personnel will respond to process each deputy involved in the shooting. Firearms discharged during the shooting will be collected and submitted to the crime laboratory for operability examination. Each involved deputy will also be photographed in order to document appearance and any sustained injuries.
Deputies to Cooperate: All witness deputies involved will cooperate fully with the investigation, answering all questions asked, assisting with the investigation to accomplish its speedy conclusion and submitting all requested reports. Deputies involved in the actual shooting will be required to cooperate, consistent with State, Federal and Constitutional due process provisions. As part of the investigation, all personnel involved, witnessing or having pertinent information, will submit a detailed
San Diego County Sheriff’s Department - Procedure Section
SECTION 8 Firearms
report to their immediate supervisor covering the incident. This report will be completed prior to the end of their work shift. A transcribed interview conducted by the Homicide Detail may be used in lieu of the required written report. If prior to, or during the course of the investigation it appears the deputy could be charged with a criminal offense, the deputy should be immediately informed of his constitutional rights.
Collection of Weapons Fired: Firearms discharged during the shooting incident will be collected and submitted to the Crime Laboratory for operability examination. Weapons and or gear may also be collected for other investigative purposes as determined by the Homicide Detail or other assigned investigator. At the conclusion of the incident, and prior to official inspection and testing, deputies shall not load, unload, or operate any weapon fired during the incident, except where it is clearly evident that such loading, unloading, or operation is necessary for the safety of the deputy(ies) and the public. All deputies who may have fired their weapons during an incident under investigation will turn them over to the investigator for appropriate testing. Deputies will turn over all expended cartridges and all of the ammunition carried by the deputy for use in the weapon(s) in question. (Suitable replacement weapons will be provided by the Weapons Training Unit) Every effort will be made to expedite inspection, testing and return of the weapon(s).
Conclusions/Recommendations Not Required: Where it pertains to Department personnel, Homicide Detail investigators will not draw conclusions or make recommendations as to violation of Departmental policy or procedures.
After review by the Homicide Detail Lieutenant, two copies of all reports will be submitted to the Division of Inspectional Services, who will determine any further action to be taken.
Weapons Training Unit
The Weapons Training Unit Sergeant or on call deputy, upon notification of a deputy involved
unintended discharge, shall respond to the scene to assist the on-scene supervisor in determining the cause of the discharge. If the cause of the discharge is determined to be a result of a mechanical failure of the firearm, the Weapons Training Unit (WTU) shall collect the firearm for armory analysis. (A suitable replacement weapon will be provided by the WTU)
Should an unintended discharge occur with the AR 15 Rifle, WTU will take possession of the weapon until the deputy involved in the unintended discharge has made arrangements for training and requalification on the weapon. WTU will be responsible for training and requalification. This will be accomplished as soon as reasonable.
The Weapons Training Unit Deputy shall prepare and submit a written report to the supervisor investigating the discharge.
8.2 DISCHARGE OF FIREARMS-Other Jurisdiction
Primary responsibility for the investigation of a deputy-involved shooting case rests with the agency in whose jurisdiction the incident occurs.
In cases in which some other agency has jurisdiction, (such as a deputy assisting with a robbery case in the City of San Diego) whether the deputy is “on duty” or “off duty,” the following procedures will be followed:
.
All Cases
The deputy involved shall immediately notify the agency of jurisdiction.
The deputy involved will be responsible for seeing that the Communications Center is advised of the incident, as soon as possible.
The Communications Center will notify the on-call Homicide Detail Sergeant and the affected captain or station/facility commander of the deputy involved.
The on-call Homicide Detail Sergeant will proceed as soon as possible to the scene and contact both the deputy involved and the senior investigating officer from the other department. A request will be made for a copy of all the reports to be sent to the Homicide Detail. All witness Sheriff’s Deputies involved will cooperate fully with the other agency’s investigation and assist them as requested. Sheriff’s deputies actively involved in the shooting will be required to cooperate consistent with State, Federal and Constitutional due process provisions.
The reports will be reviewed by the Homicide Lieutenant and a copy will be submitted to the Division of Inspectional Services for any further action.
8.2 DISCHARGE OF FIREARMS-OIS Deputy/Suspect wounded or killed
Procedure - Deputy-Involved Shootings
Occurrence - Suspect or Law Enforcement Officer Wounded or Killed
Deputies involved in a shooting will affect the necessary emergency procedures:
Administer appropriate first aid measures.
Notify Communications Center.
Secure scene.
Isolate and keep witnesses separate.
Patrol/Detective Sergeant
Proceed to scene. Obtain a safety statement from the involved deputies.
Remove and/or separate involved deputy(ies) from the immediate scene as soon as practical.
Assume immediate supervision of occurrence until arrival of Homicide Detail personnel.
Confirm via Communications Center that the Patrol or Detective Lieutenant and the affected captain or station/facility commander has been notified and is en route to the scene and that the appropriate on-call Homicide Detail Sergeant is notified.
Assign appropriate personnel to take the necessary Crime Report of the incident.
Division Lieutenant
Proceed to scene.
Assure that involved deputies are kept separate from each other, or from non-involved deputies, to ensure independent recollection of the incident.
When necessary, arrange for relief deputy personnel to assume duties of the involved deputy(ies).
Assure that the involved deputy(ies) firearm is retained by the involved deputy(ies) for exchange by the Homicide Detective.
With concurrence of the Homicide Sergeant, direct each involved deputy, unless injured, to proceed separately to an appropriate station, where each deputy involved shall remain separated from contact by uninvolved individuals. If transportation is needed, the division lieutenant shall provide it.
Screen all communications and personal contacts with the involved deputy(ies).
Provide any information sought by concerned command personnel or family members.
Assess the demeanor and state of mind of the deputy, keeping in mind that post incident mental/emotional shock may ensue. Based upon his observations and evaluation of the involved deputy’s demeanor, the ranking investigator shall defer any interviews for a reasonable time. This decision shall be contingent upon the mental and/or emotional state of the deputy. If the mental/emotional state of the deputy suggests the need for medical attention, the Supervisor shall make the arrangements.
The deputy involved will be placed on administrative leave for at least 24 hours pending further action by the Personnel Lieutenant as defined by P&P Section 3.37.
Prepare a timely comprehensive report of his actions, observations, and evaluations.
Captain or Station/Facility Commander
Upon notification of a deputy-involved shooting where a suspect, employee or citizen is wounded or killed, the captain or station/facility commander will proceed to the scene for the purpose of monitoring all personnel activities.
Peer Support Unit
As defined by P & P Section 3.44, the Peer Support Unit Supervisor shall be contacted by the Communications Center concerning all deputy-involved shootings.
Once the Peer Support Supervisor has been notified he/she will assign peer support personnel to respond to the scene and to contact the Homicide Supervisor upon their arrival.
Upon concurrence of the Homicide Supervisor the peer support personnel will provide assistance to the deputy(ies) involved in the shooting. The Peer Support Supervisor will also assign peer support personnel to assist family members of the involved deputy(ies) when appropriate.
At no time will the Peer Support Unit become involved in the investigative process, nor will it discuss any details of the shooting with the involved deputy(s) outside the presence of the Homicide Investigators. Spontaneous statements pertaining to the incident under investigation, by involved deputy(s), shall be recorded and reported to the Homicide Investigator. (Refer to Peer Support Policy 3.44) (06-15-15)
8.3 AUTHORIZED FIREARMS AND LESS LETHAL SYSTEMS
Strict compliance with this order is mandatory.
Alternate Duty = A firearm used in lieu of the Department issued Glock 22 during the normal scope of duties.
o Allowed firearms: Glock models 23 and 27. The Glock 42 may be issued temporarily with prior WTU approval.
o Qualification: Initially must pass full department firearms qualification then each scheduled department qualification thereafter.
Back-up/Hide-out = A firearm carried in addition to the Department issued Glock 22, 23 or 27 during the normal scope of duties.
o Allowed calibers: .380, .38, .357, 9mm, .40, .44, .45
o Qualification: As determined by WTU. Must qualify annually.
Off-Duty = A firearm carried when off duty.
o Allowed calibers: .22, .380, .38, .357, 9mm, .40, .45
o Qualification: As determined by WTU. Must qualify annually.
8.8 DEPARTMENT-APPROVED FIREARMS, AMMUNITION AND GUN BELT LEATHER
The following Department issued firearms, ammunition and gun belt accessory items shall be utilized by uniformed deputies:
Glock 22 or 23 - .40 S & W
Issued Ammunition
Remington Model 870 - 12 gauge
Shotgun, #4 Buckshot, #00 buckshot or rifled slug
Rifle or Carbine - .223/.
Issued Ammunition
On Duty - Law Enforcement and Detentions Non Uniform Assignment
The following firearms shall be used:
Glock models 22, 23 or 27. The Glock 42 may be issued temporarily with prior WTU approval.
Any personally owned Glock 23 or 27 may also be used once the weapons have been inspected and approved by the Weapons Training Unit.
All department handguns must be worn in an approved holster unless tactical considerations make the wearing of a holster impractical. At a minimum the holster must be a Level 1 security system with a retention device other than a friction lock and the trigger protected. For a list of approved holsters refer to the Weapons Training Unit intranet site. http://ssp.sdsheriff.com/HRB/Training/WTU/default.aspx
8.9 ARMORY
Command will conduct an annual inventory of assigned weapons and explosives. This inventory will be completed in July of each year and forwarded to the Weapons Training Unit. The Weapons Training Unit will verify Command inventory with property cards and the inventory database to ensure accountability for all weapons.
Discrepancies will be reported to the Assistant Sheriff of the affected bureau.
The Weapons Training Unit and each Command will maintain a copy of the annual inventory for three years.
Upon reassignment of the Command officer or of the armory custodian, an inventory will be conducted.
Access to station and detention facility armories will be limited and controlled.
Personnel with access to the armory will be designated in writing by the Command officer. For efficiency of operation, those designated should include those assigned to the position of the Watch Commander. (06-15-15)
