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HomeMy WebLinkAbout0041 - Officer Involved ShootingRed Wing Police Department Policy SUBJECT: POLICY NUMBER W OFFICER INVOLVED SERIOUS INJURY OR DEATH 41 Oxr, INVESTIGATIONS EFFECTIVE DATE November 28, 2008 REFERENCE(S): APPROVED BY: Minnesota CHIEF ROGER D. POHLMAN PURPOSE: To define the procedure for investigation and review of an officer involved serious injury or death incident. This order does not apply to destroying dangerous or seriously injured animals. POLICY: The Red Wing Police Department, shall investigate, or shall have investigated, all incidents of a critical nature, where the involved employee acted within the course and scope of employment, whether on or off duty. These incidents shall include, but are not limited to: 1. Officer involved use of deadly force through the intentional or accidental discharge of a firearm, and/or; 2. Intentional or accidental use of any other deadly or dangerous weapon, which results in serious injury or death of any person as a result of police involvement, and/or; 3. Attempts to affect an arrest or otherwise gain physical control over a person for law enforcement purposes, which result in serious injury or death, and/or; 4. Death of persons while in police custody or under police control and/or; 5. Vehicular incidents related to police actions that result in serious injury or death of any person. 1. PROCEDURES: On Scene - Responsibilities Officers involved at the scene of a shooting or critical incident shall take those measures that are reasonably possible and appropriate to protect their safety and to preserve evidence essential to the investigation. This includes the following actions, undertaken in the order deemed appropriate: A. Ensure that the threats to officer(s) safety and the safety of others are over. B. Secure and separate suspects. Page 1 of 5 OFFICER INVOLVED SERIOUS INJURY OR DEATH INVESTIGATIONS -POLICY 41 C. Request a supervisor and additional backup, emergency medical services, if necessary, and any other assistance required immediately. D. Relay information on fleeing suspects to communications and other field units and work with them to establish containment area. E. If injured, administer emergency first aid to oneself first if possible. Then, administer basic first aid to suspects and others as necessary, pending arrival of emergency medical assistance. F. Holster/protect any involved handgun for later examination. Secure/protect any long guns for later examination. Do not open, reload, remove shell casing or in any manner tamper with involved firearms. 1. If at all possible, leave firearms or dangerous weapons where they are found for investigators to secure. These items are of evidentiary value and critical to the investigation. G. Take note of the time, survey the entire area for relevant facts, individuals who are present and who departed the scene, witnesses, potential suspects, and suspect vehicles. H. As time and capabilities permit before supervisory and other assistance arrives: 1. Secure the area, establish a perimeter with crime scene tape and limit access to authorized persons necessary to investigate the shooting and assist injured. 2. Protect evidence from loss, destruction or damage that is likely to occur before backup can arrive. Ensure that evidentiary items are not moved or, if moved prior to scene containment, note the original location and position of persons, weapons, and other relevant objects and evidence. 3. Record the names, addresses and telephone numbers of all witnesses and other persons present at the shooting or critical incident scene and request that they remain on hand in order to make a brief statement whether or not they saw the incident. 2. SUPERVISOR RESPONSIBILITIES AT SCENE A. Ensure the safety and determine the condition of the officer(s), suspect(s) and third parties. Summon emergency medical services if not yet summoned. B. Assume control of incident/scene and ensure scene is secure and protected. Use crime scene tape and barriers/barricades as necessary. C. If an officer has been shot or otherwise injured: Page 2 of 5 OFFICER INVOLVED SERIOUS INJURY OR DEATH INVESTIGATIONS -POLICY 41 1. Ensure that an officer accompanies and remains with the officer at the hospital. Assigned officer shall not question officer about incident. 2. Coordinate with supervisor to ensure that officer's family is notified on a priority basis and in person. Ensure that they are assigned transportation to the hospital or other location where they are needed as soon as possible. 3. Do not release the officer's name to the media or unauthorized parties. 4. Assign an officer to the family for security, support and control of the press. 5. Ensure that the clothing of the officer and other injured persons is collected for potential evidentiary purposes and that related equipment of the officer is safeguarded. D. If the officer is not injured, move him/her away from the center of activity accompanied by another officer. 1. Assigned officer shall not question officer about incident. Purpose of assigned officer is to supply support and security. E. Establish a logging system for controlled area. Appoint a recorder to make chronological record of activities at the scene, to include: persons present, actions taken by police personnel and the identity of any personnel who entered the incident crimes scene, to include emergency medical and fire personnel. F. Notify Chief of Police, Captain and on-call investigator. On-call investigator shall be responsible for continuing to secure scene and to begin identifying possible suspects and witnesses. It should be noted that in the case of an officer involved shooting, BCA shall be contacted to conduct the investigation and that the on-call investigator shall assist BCA with their needs. Make notifications to other agency personnel, if appropriate, to include: 1. Goodhue County Sheriff's Department 2. Coroner 3. BCA Crime Lab 4. Legal advisor 5. Red Wing Police Department Chaplain G. Establish a command post if necessary. Page 3 of 5 OFFICER INVOLVED SERIOUS INJURY OR DEATH INVESTIGATIONS -POLICY 41 H. Establish media staging area as time permits. This area shall be a safe distance from where the incident took place and shall not hinder the investigation. If suspect(s) are transported to a hospital, the supervisor shall assign an officer(s) to accompany suspect. The officer will not interview the suspect, but any voluntary statements will be recorded or handwritten by the officer(s). Suspect clothing or any other property of the suspect will be properly inventoried. J. Officer(s) involved weapons shall only be inventoried after proper weapons can be reissued to involved officer(s). The officer will be issued a replacement weapon as soon as practical, and this determination will be made by the Chief of Police or their designee after initial review of the incident. In most cases this will take place after the officer(s) have been brought back to the station where reissued weapons can be obtained. K. Involved officer(s) will be allowed to phone family to advise of the situation. 3. OFFICER(S) INVOLVED RELIEVED FROM DUTY A. Officer(s) involved in death or serious injury resulting from a critical incident will be relieved from active duty as soon as possible and may be placed on paid administrative leave until such time that the interests of the officer(s), the community and the department are best served. The Chief of Police or their designee will determine the appropriateness and duration of extended mandatory administrative leave, based upon the findings of the preliminary criminal investigation and the recommendation of the psychologist regarding the officer's readiness for duty. 1. During administrative leave, the officer(s) shall maintain regular contact with the Chief of Police or their designee, and may, on a voluntary basis, participate in follow-up contacts with the psychologist. 2. Mandatory administrative leave and contacts with the psychologist are intended for the benefit of the officer, and show no indication of fault or responsibility, and shall in no way be related to the criminal investigation of the incident which may be conducted. All contact between the employee and the psychologist will be confidential. 3. In all cases where any person has been injured or killed as a result of a firearm discharge by officer(s), the involved officer(s) will be required to undergo a debriefing with a department furnished psychologist as soon as possible, but no longer than 24 -hours after the incident. The purpose of the debriefing will be to allow the officer to express his/her feelings and to assist with the moral, ethical, and/or psychological after effects of the incident. The debriefing shall not be related to any department investigation of Page 4 of 5 OFFICER INVOLVED SERIOUS INJURY OR DEATH INVESTIGATIONS -POLICY 41 the incident and nothing discussed in the debriefing will be reported to the department. The debriefing session will remain protected by the privileged physician -patient relationship. 4. MEDIA CONTACTS A. All contacts with the news media in officer involved critical incidents shall be from the Chief of Police or their designee. 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