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Policy Anaheim Police Department 310 Policy Manual Officer-Involved Shooting - 72 Adoption Date: 2014/09/19 © 1995-2014 Lexipol, LLC Officer-Involved Shooting 310.1 PURPOSE AND SCOPE The intent of this policy is to establish policy and procedures for the investigation of an incident in which a person is injured as the result of a police shooting and to ensure that such incidents be investigated in a fair and impartial manner. 310.2 INVESTIGATION RESPONSIBILITY This Department conforms to the Orange County Chiefs of Police and Sheriff's Association protocol for investigating officer-involved shootings. Nothing in this policy is intended to increase, modify, or in any way affect the current legal standards nor shall any deviation from these guidelines be considered a breach of any legal standard. 310.3 TYPES OF INVESTIGATIONS Officer-involved shootings involve several separate investigations. The investigations may include: A criminal investigation of the incident by the agency having jurisdiction where the incident occurred. This department may relinquish its criminal investigation to an outside agency with the approval of the Chief of Police or a Division Commander A criminal investigation of the involved officer(s) conducted by an outside agency A civil investigation to determine potential liability conducted by the involved officer's agency An administrative investigation conducted by the involved officer's agency, to determine if there were any violations of department policy 310.4 JURISDICTION Jurisdiction is determined by the location of the shooting and the agency employing the involved officer(s). The following scenarios outline the jurisdictional responsibilities for investigating officer- involved shootings: 310.4.1 ANAHEIM POLICE DEPARTMENT OFFICER_DEPUTY WITHIN THIS JURISDICTION The Anaheim Police Department is responsible for the criminal investigation of the suspect's actions, the civil investigation, and the administrative investigation. The criminal investigation of the officer-involved shooting will be conducted by the District Attorney's Office. 310.4.2 ALLIED AGENCY'S OFFICER WITHIN THIS JURISDICTION The Anaheim Police Department is responsible for the criminal investigation of the suspect's actions. The criminal investigation of the officer-involved shooting will be conducted by the ---PAGE BREAK--- Anaheim Police Department Policy Manual Officer-Involved Shooting Officer-Involved Shooting - 73 Adoption Date: 2014/09/19 © 1995-2014 Lexipol, LLC District Attorney's Office. The officer's employing agency will be responsible for any civil and/or administrative investigation(s). 310.4.3 ANAHEIM POLICE DEPARTMENT OFFICER_DEPUTY IN ANOTHER JURISDICTION The agency where the incident occurred has criminal jurisdiction and is responsible for the criminal investigation of the incident. That agency may relinquish its criminal investigation of the suspect(s) to another agency. The Anaheim Police Department will conduct timely civil and/or administrative investigations. 310.4.4 INVESTIGATION RESPONSIBILITY MATRIX The following table identifies the possible scenarios and responsibilities for the investigation of officer-involved shootings: Criminal Investigation of Suspect(s) Criminal Investigation of Officer(s) Civil Investigation Administrative Investigation APD Officer in This Jurisdiction APD Investigators District Attorney's Office APD Civil Liability Team Major Incident Review Team Allied Agency's Officer in This Jurisdiction APD Investigators District Attorney's Office Involved Officer's Department Involved Officer's Department APD Officer in Another Jurisdiction Agency where incident occurred Decision made by agency where incident occurred APD Civil Liability Team Major Incident Review Team 310.5 THE INVESTIGATION PROCESS The following procedures are guidelines used in the investigation of an officer-involved shooting. 310.5.1 DUTIES OF INITIAL ON SCENE SUPERVISOR Upon arrival at the scene of an officer-involved shooting, the first uninvolved supervisor should: Take all reasonable steps to obtain emergency medical attention for all apparently injured individuals. Attempt to obtain a brief overview of the situation from any non-shooter officer(s). 1. In the event that there are no non-shooter officers, the supervisor should attempt to obtain a brief voluntary overview from one shooter officer. If necessary, the supervisor may administratively order any officer from this department to immediately provide public safety information necessary to secure the scene and pursue suspects. ---PAGE BREAK--- Anaheim Police Department Policy Manual Officer-Involved Shooting Officer-Involved Shooting - 74 Adoption Date: 2014/09/19 © 1995-2014 Lexipol, LLC 1. Public safety information shall be limited to such things as outstanding suspect information, number and direction of shots fired, parameters of the incident scene, identity of known witnesses and similar information. Absent a voluntary statement from any officer(s), the initial on scene supervisor should not attempt to order any officer to provide other than public safety information. Provide all available information to the Watch Commander and Communications Bureau. If feasible, sensitive information should be communicated over secure networks. Take command of and secure the incident scene with additional personnel until relieved by a detective supervisor or other assigned personnel. As soon as practical, shooter officers should respond or be transported (separately, if feasible) to the station for further direction. 1. Each involved officer should be given an administrative order not to discuss the incident with other involved officers pending further direction from a supervisor. 2. When an officer's weapon is taken or left at the scene evidence), the officer will be provided with a comparable replacement weapon or transported to the station by other officers. 310.5.2 WATCH COMMANDER DUTIES Upon learning of an officer-involved shooting, the Watch Commander shall be responsible for coordinating all aspects of the incident until relieved by the Chief of Police, the Deputy Chief, or a Division Commander. 310.5.3 NOTIFICATIONS The following person(s) shall be notified as soon as practical: • Chief of Police • Deputy Chief of Police • Investigation Division Commander • Division Commander of the Involved Officer • District Attorney OIS rollout team • Major Incident Review Team • Civil Liability Response Team • support personnel • Coroner (if necessary) • Officer representative (if requested) All outside inquiries about the incident shall be directed to the Watch Commander. ---PAGE BREAK--- Anaheim Police Department Policy Manual Officer-Involved Shooting Officer-Involved Shooting - 75 Adoption Date: 2014/09/19 © 1995-2014 Lexipol, LLC 310.5.4 MEDIA RELATIONS A single press release shall be prepared with input and concurrence from the supervisor and agency representative responsible for each phase of the investigation. This release will be available to the Watch Commander, Investigation Division Commander and Public Information Officer in the event of inquiries from the media. It will be the policy of this department to not release the identities of involved officers absent their consent or as required by law. Moreover, no involved officer shall be subjected to contact from the media (Government Code § 3303(e)) and no involved officer shall make any comments to the press unless authorized by the Chief of Police or a Division Commander. Law enforcement officials receiving inquiries regarding incidents occurring in other agency jurisdictions shall refrain from public comment and will direct those inquiries to the agency having jurisdiction and primary responsibility for the investigation. 310.5.5 INVOLVED OFFICERS Once the involved officer(s) have arrived at the station, the Watch Commander should admonish each officer that the incident shall not be discussed except with authorized personnel or representatives. The following shall be considered for the involved officer: Any request for department or legal representation will be accommodated, however, no involved officer shall be permitted to meet collectively or in a group with an attorney or any representative prior to providing a formal interview or report (Government Code § 3303(i)). Discussions with licensed attorneys will be considered privileged as attorney-client communications. Discussions with department representatives employee association) will be privileged only as to the discussion of non-criminal information however. A shall be provided by the Department to each involved officer, or any other officer, upon request. 1. Interviews with a licensed will be considered privileged and will not be disclosed except to the extent that the officer is or is not fit for return to duty. 2. An interview or session with a licensed may take place prior to the involved officer providing a formal interview or report, but the involved officers shall not be permitted to consult or meet collectively or in a group with a licensed prior to providing a formal interview or report. Although the Department will honor the sensitivity of communications with peer counselors, there is no legal privilege to such. Peer counselors are cautioned against discussing the facts of any incident with an involved or witness officer. Care should be taken to preserve the integrity of any physical evidence present on the officer's equipment or clothing, such as blood or fingerprints, until investigators or lab personnel can properly retrieve it. ---PAGE BREAK--- Anaheim Police Department Policy Manual Officer-Involved Shooting Officer-Involved Shooting - 76 Adoption Date: 2014/09/19 © 1995-2014 Lexipol, LLC Detectives shall make reasonable accommodations to the officer's physical and emotional needs (Government Code § 3303(d)). Each involved officer shall be given reasonable paid administrative leave following an officer- involved shooting. It shall be the responsibility of the Watch Commander to make schedule adjustments to accommodate such leave. 310.5.6 STATEMENTS GIVEN BY INVOLVED OFFICERS Subsequent to an officer being involved in a shooting, the officer shall have 48 hours within which to give a voluntary statement, subject to questioning by investigators, regarding his/her involvement in the shooting. An exception to the 48 hour rule is if an officer is involved in a shooting on a Friday evening. In that case, the officer shall have until the following Monday to make as statement. If at the end of the 48 hour period, a voluntary statement, which is subject to questioning by investigators, has not been issued, the Division Commander of the officer involved shall order the officer to give a statement and that statement shall be taken by the Department Major Incident Review Team. The result of the interview shall not be disclosed to any criminal investigative agency. 310.6 THE SHOOTING INCIDENT CRIMINAL INVESTIGATION 310.6.1 DETECTIVE PERSONNEL Once notified of an officer-involved shooting, it shall be the responsibility of the Detective Bureau supervisor to assign appropriate detective personnel to handle the investigation of related crimes. Detectives will be assigned to work with investigators from the District Attorney's Office and may be assigned to separately handle the investigation of any related crimes not being investigated by the District Attorney's Office. All related departmental reports except administrative and/or privileged reports will be forwarded to the designated detective supervisor for approval. Privileged reports shall be maintained exclusively by those personnel authorized such access. Administrative reports will be forwarded to the appropriate Division Commander. 310.6.2 CRIMINAL INVESTIGATION It shall be the policy of this department to utilize the District Attorney's Office to conduct an independent criminal investigation into the circumstances of any officer-involved shooting involving injury or death. If available, detective personnel from this department may be assigned to partner with investigators from the District Attorney's Office so as to not duplicate efforts in related criminal investigations. Once public safety issues have been addressed, criminal investigators will be given the next opportunity to interview involved officers in order to provide them with an opportunity to give a voluntary statement. The following shall be considered for the involved officer: ---PAGE BREAK--- Anaheim Police Department Policy Manual Officer-Involved Shooting Officer-Involved Shooting - 77 Adoption Date: 2014/09/19 © 1995-2014 Lexipol, LLC Supervisors and Internal Affairs Bureau personnel should not participate directly in any voluntary interview of officers. This will not prohibit such personnel from monitoring such interviews or indirectly providing areas for inquiry. If requested, any involved officer will be afforded the opportunity to consult individually with a representative of his/her choosing or an attorney, prior to speaking with criminal investigators. However, in order to maintain the integrity of each individual officer's statement, involved officers shall not consult or meet with a representative or attorney collectively or in groups prior to being interviewed. Any voluntary statement provided by the officer(s) will be made available for inclusion in the administrative or other related investigations. Absent consent from the involved officer or as required by law, no administratively coerced statement(s) will be provided to any criminal investigators. 310.6.3 REPORTS BY INVOLVED OFFICERS In the event that suspects remain outstanding or subject to prosecution for related offenses, this department shall retain the authority to require involved officers to provide sufficient information for related criminal reports to facilitate the apprehension and prosecution of those individuals (Government Code § 3304(a)). While the involved officer may write the report, it is generally recommended that such reports be completed by assigned investigators who should interview involved officers as victims/witnesses. Since the purpose of these reports will be to facilitate criminal prosecution, statements of involved officers should focus on evidence to establish the elements of criminal activities by involved suspects. Care should be taken not to duplicate information provided by involved officers in other reports. Nothing in this section shall be construed to deprive an involved officer of the right to consult with legal counsel prior to completing any such criminal report. Reports related to the prosecution of criminal suspects will be processed according to normal procedures, but should also be included for reference in the investigation of the officer-involved shooting. 310.6.4 WITNESS IDENTIFICATION AND INTERVIEWS Because potential witnesses to an officer-involved shooting or other major incident may become unavailable or the integrity of their statements compromised with the passage of time, a Watch Commander should take reasonable steps to coordinate with the investigating unit to utilize available personnel for the following: Identify all persons present at the scene and in the immediate area. 1. When feasible, a recorded statement should be obtained from those persons who claim not to have witnessed the incident but who were present at the time it occurred. ---PAGE BREAK--- Anaheim Police Department Policy Manual Officer-Involved Shooting Officer-Involved Shooting - 78 Adoption Date: 2014/09/19 © 1995-2014 Lexipol, LLC 2. Any potential witness who is unwilling or unable to remain available for a formal interview should not be detained absent reasonable suspicion to detain or probable cause to arrest. Without detaining the individual for the sole purpose of identification, officers should attempt to identify the witness prior to his/her departure. Witnesses who are willing to provide a formal interview should be asked to meet at a suitable location where criminal investigators may obtain a recorded statement. Such witnesses, if willing, may be transported by department personnel. 1. A written, verbal or recorded statement of consent should be obtained prior to transporting a witness in a department vehicle. When the witness is a minor, consent should be obtained from the parent or guardian, if available, prior to transportation. Assign available personnel to contact the suspect's known family and associates to obtain any available and untainted background information about the suspect's activities and state of mind prior to contact with officers. 310.7 ADMINISTRATIVE INVESTIGATION In addition to all other investigations associated with an officer-involved shooting, this department will conduct an internal administrative investigation to determine conformance with department policy, and to identify any areas for improvement related to tactics, training , policy and equipment. This investigation will be conducted by the Major Incident Review Team and will be considered a confidential peace officer personnel file. If any officer has voluntarily elected to provide a statement to criminal investigators, the assigned administrative investigator should review that statement before proceeding with any further interview of that involved officer. 1. Care should be taken to limit the inquiry to new areas with minimal, if any, duplication of questions addressed in the voluntary statement. In the event that an involved officer has elected to not provide criminal investigators with a voluntary statement, the assigned administrative investigator may conduct an administrative interview to determine all relevant information. Whether or not an involved officer provide a voluntary statement to criminal investigators, the assigned administrative investigator(s) shall adhere to the following parameters during any subsequent interview: 1. Although this interview should not be unreasonably delayed, care should be taken to ensure that the officer'(s) physical and needs have been addressed before commencing the interview. 2. If requested, the officer shall have the opportunity to select an uninvolved representative to be present during the interview (Government Code § 3303(i)) However, in order to maintain the integrity of each individual officer's statement, ---PAGE BREAK--- Anaheim Police Department Policy Manual Officer-Involved Shooting Officer-Involved Shooting - 79 Adoption Date: 2014/09/19 © 1995-2014 Lexipol, LLC involved officers shall not consult or meet with a representative or attorney collectively or in groups prior to being interviewed. 3. Administrative interview(s) should be recorded by the investigator (the officer may also record the interview) (Government Code § 3303(g)). 4. 1. The officer shall be informed of all constitutional Miranda rights (Government Code § 3303(h)) and if he/she does not provide a voluntary waiver, the officer shall then be advised that although he/she has the right to remain silent and not incriminate him/ herself, the officer's silence will be deemed insubordination, leading to administrative discipline if the officer does not provide full and truthful answers to all questions. The officer shall also be advised that any statement made under the compulsion of the threat of such discipline cannot be used against him or her in any subsequent criminal hearing proceeding (The Lybarger or Garrity admonishment). The officer will then be given an administrative order to provide full and truthful answers to all questions (Government Code § 3303(e)). 5. The administrative interview shall be considered part of the officer's confidential personnel file. 6. The Major Incident Review Team shall compile all relevant information and reports necessary for the Department to determine compliance with applicable policies, and to identify areas for improvement related to tactics, training, policy, and equipment pursuant to Section 302 of this manual. 7. Any other indications of potential policy violations shall be determined in accordance with standard disciplinary procedures.