8.400 - Use of Force Reporting and Investigation

Effective Date: 09/01/2015

8.400-POL-1 Use of Force – REPORTING AND INVESTIGATION

The Seattle Police Department recognizes the magnitude of the responsibility that comes with the constitutional authority to use force. This responsibility includes maintaining vigorous and transparent oversight systems to ensure accountability to the community and maintain their trust. In order to ensure transparency and accountability officers must clearly and reliably report and thoroughly document each time they use force defined as Type I, II, or III.

All uses of force are reportable except de minimis force.

Supervisors must clearly and reliably document the steps they have taken to investigate and review the actions of the officer and any additional steps taken or recommendations for further review and action.

The requirements for reporting, investigating, and reviewing use-of-force incidents are separated into three types, based on the nature of the incident. (For deaths, also see 15.055.) The goal is to focus police resources on the most serious cases, while also requiring that all reportable uses of force are reported and not under-classified. The categorization of the uses of force is based on the following factors: degree of injury caused, potential of the technique or weapon to cause injury, degree of pain experienced, degree of disability experienced by the subject, complaint by the subject, degree of restraint of the subject, impairment of the functioning of any organ, duration of the force, and physical vulnerability of the subject.

Force

Threshold

Examples

Components of Reporting &
I
nvestigation

De

Minimis

Physical interaction meant to separate, guide, and/or control that does not cause pain or injury

Using hands or equipment to stop, push back, separate or escort, the use of compliance holds without the use of sufficient force to cause pain, and unresisted handcuffing

No investigation or reporting required

Type I

Transient Pain

Disorientation

Aiming of Firearm or Beanbag Shotgun at a Subject

Soft takedowns (controlled placement)

Strike with sufficient force to cause pain or complaint of pain

Open hand technique with sufficient force to cause complaint or indication of pain

Sergeant Screening In-person (Unless Impractical)

Blue Team entry

FRB Chair review

Type II

Physical Injury (Greater than temporary pain)

Reasonably expected to cause physical injury

Complaint of injury

Use of CEW (TASER)

Use of OC Spray

Use of Impact Weapon causing less than a Type III injury

Use of Beanbag Shotgun causing less than a Type III injury

K9 Deployment with Less Than Type III Injury or Complaint of Less Than a Type III injury

Vehicle Tactics

Pursuit Intervention Technique

Hobble Restraint

Abrasion

Bruising “Hard strike”

Hard takedown Kick

Sergeant Screening at the Scene

Use-of-Force Witness Officer Statement (form 24.5)

Blue Team entry

Use-of-Force Type II Supervisor Review- Bureau Chief (form 24.14)

Collection of Evidence

Review of Video

FRB Review

Type III

Great Bodily Harm

Substantial Bodily Harm

Deadly Force

Loss of Consciousness

Neck and Carotid holds

Criminal Conduct by Officer(s)

Serious Misconduct by Officer(s)

Use of Stop Sticks Against a Motorcycle

Impact Weapon Strike to the Head

Broken arm

Closed head injury

Discharging a firearm at a person

Sergeant Screening at the Scene

FIT Response and Investigation

FRB Review

1. Officers Shall Report All Uses of Force Except De Minimis Force

Officers shall thoroughly document all reportable uses of force to the best of their ability, including a description of each force application.

The Department recognizes the inherent limitations on perception and recall following tense and rapidly evolving circumstances.

2. Officers, Including Witness Officers, Will Verbally Notify a Supervisor Immediately, Unless Not Practical, Following any Use of Reportable Force

a. Officers Who Use Reportable Force While On-Duty Shall Call for an On-Duty SPD Sergeant Via Radio

b. Officers Who Use Reportable Force While Exercising Police Authority in all Other Circumstances Shall Call and Request to be Contacted by an On-Duty Lieutenant

c. Officers Who Discharge a Firearm at a Person While Off Duty, Except During Military Activity, Shall Call and Request to be Contacted by an On-Duty Lieutenant

d. Officers Who Use Reportable Force While Working for a Secondary Employer Shall Call for an On-Duty Sergeant Via Radi- Unless an SPD Sergeant is Assigned or Working the Same Off- Duty Detail

* When an officer is involved in an incident in another precinct while working off-duty, a sergeant in that precinct (or a sergeant assigned to the same off-duty detail, when there is one) will conduct the investigation and then submit it to the involved officer’s chain of command for approval.

e. Animal Shootings and Unintentional Discharges not Resulting in Injury are not Considered Force, but are Investigated Under the Same Mechanisms Prescribed in This Policy

3. The Sergeant Will Review the Incident and Do One of the Following:

* Classify the investigation as Type I Use of low-level physical force that:

- Causes transient pain or disorientation, but does not cause, and would not reasonably cause, injury or otherwise require a Type II investigation

- Intentionally pointing a firearm or beanbag shotgun at a person

* Un-holstering or displaying a firearm without intentionally pointing it at a person – including the sul and low-ready positions – or simply displaying any weapon, is not a reportable use-of-force

* Classify the investigation as Type II Use of physical force that:

- Causes physical injury greater than temporary pain, or

- Could reasonably be expected to cause such an injury, or

- Results in a complaint of such an injury, and does not rise to the level of a Type III investigation

- Use of intentional ramming or PIT (Pursuit Intervention Technique)

* Call the captain of the FIT Unit and screen a Type III response by the FIT

- Use-of-force that results in, or could reasonably be expected to result in, great bodily harm [RCW 9A.04.110(4)(c)] or substantial bodily harm [RCW 9A.04.110(4)(b)], to include broken bones and an admission to the hospital for treatment, or

- Use of deadly force, including those incidents involving the discharge of a firearm, or

- Use-of-force that results in a subject’s loss of consciousness as the result of the force, or

- Use-of-force that potentially involves criminal conduct or serious misconduct on the part of the officer, or

- Application of a neck hold

- Hard strike to the head or neck with an impact weapon (flashlight, baton or other object)

- Use of stop-sticks against an occupant of a moving motorcycle

4. The FIT Unit Captain or FIT Sergeant, When Contacted by a Sergeant, Will Either Initiate a Type III Investigation or Suggest Another Type of Investigation

5. When Multiple Officers are Involved in a Use-of-Force Incident, the Entire Incident Will be Reported and Reviewed at the Highest Level Reached by any Single Officer During the Incident

If one officer uses Type I force while another officer uses Type II force, in the same incident, both involved officers will be required to report in accordance with Type II investigation requirements.

6. Sergeants May Request a Higher Level of Investigation for a Given Force Incident

Factors to consider when determining whether a higher level of investigation is appropriate include, but are not limited to, the following:

* The nature of the resistance encountered

* Force used against a handcuffed, or otherwise restrained, under- control, or in-custody subject

* Force used against a pregnant or vulnerable subject (e.g., age or infirmity)

* Incidents resulting from faulty information or unintentional error

* When it is unclear whether the officer’s actions were consistent with policy or law

7. No Supervisor Who Used, Participated in, or Ordered Reportable Force, Will Conduct the Investigation of the Incident, Unless it is Impractical Under the Circumstances

When a sergeant uses, participates in, or orders reportable force, a lieutenant shall determine who will conduct the investigation.

8. Officers are Required to Report the Use of OC Spray, Beanbag Shotgun, TASER and Patrol CART Munitions, Regardless of the Effect

Reporting is required whether or not the subject is struck, affected, or taken into custody.

9. Once a Subject is Free to Leave, Officers Will Not Detain for Screening Purposes

10. The Incident Commander Will Make Appropriate Notifications of Serious Officer Misconduct or Criminal Liability

The incident commander/watch commander will notify the command staff and OPA if information is obtained at any step in the investigation that suggests either serious officer misconduct or criminal conduct.

If the situation warrants, the incident commander may relieve the officer from duty for up to 24 hours pursuant to Manual Section 5.002.

11. Whenever the Department Investigates the Discharge of a Firearm by an Officer, the Firearm Must be Inspected by Range Staff Prior to Being Returned to the Involved Officer

* The Range Staff will verify:

- The firearm is approved by the Department for use by the officer

- The ammunition is approved by the Department for use by the officer. Neither the firearm nor the ammunition has been modified to be out of compliance with Department policy

- Provide to the FIT a memorandum identifying:

* The firearm evaluated

* The name and serial number of the officer to whom it is assigned

* The type of tests performed on the firearm

* The results of those tests

* The individual who conducted the test.

* Conclusion whether the firearm is functioning properly

* Any malfunctions discovered with the firearm

* Any other information relevant to the functioning of the firearm inspected

8.400-POL-2 Use of Force – TYPE I INVESTIGATIONS

1. Sergeants Must Screen Uses of Reportable Force In-Person With the Involved Officer and the Subject, Unless Impractical, Prior to the Subject Being Booked or Released

If the subject is free to leave, the detention will not be extended to facilitate the screening process; however, the subject may choose to remain at the scene to speak with the sergeant. See 8.400–TSK–1, Involved Officers’ Responsibilities During a Type I Investigation.

If there is any uncertainty or concern about the reason or nature of the force used, or the existence of any injury, the sergeant will immediately respond to the scene, unless impractical in the circumstances.

2. Officers Shall Document All Uses of Reportable Force

Type I reporting is not intended to be comprehensive or burdensome. In nearly all Type I use-of-force cases, it should be sufficient to complete the form in Blue Team and write a brief narrative entry describing what occurred.

Additional guidance on how to report Type 1 force may be found in Section 8.400-TSK-1.

When complaint of pain from handcuffing is the only reportable force used in an incident, officers shall complete a brief narrative entry in the Type I Use-of-Force Report in Blue Team, noting handcuffs were applied, that the subject complained of pain from the handcuffs, what steps the officer took to ensure proper fit and address the complaint of pain, and that no injury was apparent. No other statement is required. A supervisor must inspect the suspect to confirm there is no visible injury, with the caveat that officers may not extend a detention solely to await the arrival of a supervisor.

Witness officer statements are not required for a Type I use-of-force. Only the involved officer and the screening sergeant fill out statements.

3. The Officer’s Immediate Supervisor Will Review the Documentation as Soon as Practicable and Will Direct the Officer to Provide More Information, if Needed

Sergeants shall give a brief summary of their review of the incident and give their approval [or disapproval] in the comments section in Blue Team.

No ICV or other video review is required of the sergeant or chain of command.

Additional guidance on how to investigate Type 1 force may be found in Section 8.400-TSK-2.

8.400-POL-3 Use of Force – TYPE II INVESTIGATIONS

1. In Conducting a Type II Investigation, a Sergeant Will Respond to the Scene and Thoroughly Investigate the Event, Unless Officer or Public Safety Will be Compromised as a Result

See 8.400–TSK–6 Responsibilities of the Sergeant During a Type II Investigation.

The sergeant retains the discretion to refer any use of force to FIT for their determination of whether to take investigatory responsibility over the matter.

2. The Sergeant Will Conduct the Investigation as an Impartial Fact-Finder and Shall Not Draw Conclusions About Whether the Force was Within Policy or Law

3. The Sergeant Will Make Appropriate Notifications When He or She Believes that Criminal Conduct or Serious Misconduct May Have Occurred

When a sergeant believes that there may have been criminal conduct or serious officer misconduct, the sergeant will consult with an on-duty captain or lieutenant and confirm that either OPA or FIT is notified.

4. Sergeants Will Complete  Their Review Within 3 Days of Learning of the Use-of-Force

Exception: The lieutenant may approve an extension.

Sergeants shall give an appropriate summary of their review of the incident and give their approval [or disapproval] in the comments section in Blue Team.

a. Each Reviewer in the Chain Will Review the Report Within a Reasonable Period of Time to Ensure it is Thorough and Complete

Every reviewer in the chain of command is responsible to ensure the accuracy and completeness of the Use-of-Force Reports completed by sergeants. Lieutenants and captains shall assess the quality of the sergeant’s review and document their own review in the comments section in Blue Team. The lieutenant’s and captain’s review shall indicate why the approval or disapproval of the force is warranted.

If any investigative deficiencies exist, the reviewer will initiate corrective action where appropriate.

* When it appears to a reviewer that there is additional relevant and material evidence that may assist in resolving inconsistencies or improving the reliability or credibility of the findings, that supervisor should ensure that additional investigation is completed.

* When it appears to a reviewer that the findings are not supported by a preponderance of the evidence, that reviewer will modify the findings after consultation with the investigating supervisor and previous reviewers, and document the reasons for this modification, including the specifics evidence or analysis supporting the modification.

5. An Investigation May Be Re-Assigned

At the discretion of the officer’s chain of command, or OPA in the case of potential misconduct, a use-of-force investigation may be assigned or re- assigned to FIT or to another supervisor, either within or outside of the precinct in which the incident occurred, or may be returned to the unit for further investigation or analysis.

6. Where, After Investigation, a Use-of-Force is Found to be Out of Policy, or the Investigation of the Incident is Lacking, the Chief or Designee Will Direct and Ensure Appropriate Corrective Action, if Warranted, Including Referral to OPA in the Case of Misconduct

7. When the Use-of-Force Indicates Policy, Training, Tactical or Equipment Concerns, the Chief or Designee Will Ensure That Necessary Training is Delivered and That Policy, Tactical or Equipment Concerns are Resolved

8. After the Precinct Captain has Reviewed the Use-of-Force Packet and Finds the Investigation Complete and Supported by the Evidence, He or She Shall Forward the Investigation File to the Force Review Board

8.400-POL-4 Use of Force – TYPE III INVESTIGATIONS

1. The Force Investigations Team (FIT) Will Conduct All Type III Investigations, With Assistance from the On-Scene Sergeant

2. FIT Responses Will Be Tailored to the Circumstances, But Will Normally Include One to Six FIT Detectives, the FIT Sergeant, the FIT Captain, a Training Section Representative, and an OPA Representative

3. At Least One Member of the FIT Will be Available at All Times to Evaluate Potential Referrals from SPD Sergeants

4. The FIT Captain Shall Staff the FIT with Employees Who Have the Appropriate Expertise and Investigative Skills

FIT should be staffed with individuals with appropriate expertise and investigative skills to ensure that uses of force that are contrary to law or policy are identified and appropriately resolved; and that its investigations allow the Force Review Board to identify trends or patterns of policy, training, equipment, or tactical deficiencies, or positive lessons related to the use-of-force.

5. A Training Section Representative Will Have Certain Responsibilities During a Type III Investigation

The Training representative will not have investigative roles at the scene of a use-of-force, but will attempt to identify any policy or training issues.

See 8.400–TSK–19, Responsibilities of the Training Representative During a Type III Investigation.

6. An Office of Professional Accountability (OPA) Representative Will Have Certain Responsibilities During a Type III Investigation

The OPA representative will not have investigative roles at the scene of a use-of-force, but will attempt to identify any potential misconduct issues.

See 8.400–TSK–20 Role of the Office of Professional Accountability (OPA) Representative During a Type III Investigation.

7. FIT Personnel Will Take Control of the Use-of-Force Investigation Upon Their Arrival

See 8.400–TSK–16, Responsibilities of the FIT Captain During a Type III Investigation (Not a Firearms Discharge), 8.400–TSK–17, Responsibilities of the FIT Captain During a Type III Investigation (Firearms Discharge), 8.400–TSK–14, Responsibilities of the FIT Unit Sergeant During a Type III Investigation (Not a Firearms Discharge) and 8.400–TSK–15, Responsibilities of the FIT Unit Sergeant During a Type III Investigation (Firearms Discharge).

a. Once FIT has Assumed Control of the Scene, the Patrol Sergeant Will Work at the Direction of the FIT Captain

See 8.400-TSK-9 Responsibilities of the Patrol Sergeant During a Type III Investigation (Not a Firearms Discharge) and 8.400-TSK-10 Responsibilities of the Patrol Sergeant During a Type III Investigation (Firearms Discharge).

8. For Type III Investigations, All Involved Officers Will Provide a Recorded Statement as Directed by the FIT Captain

Typically, the FIT Captain will direct officers who used Type I or Type II force to complete a use-of-force statement and officers who used Type III force to participate in an audio-taped interview.

Exception: If information suggests possible criminal conduct by an officer, that officer will not be compelled to provide any statement or interview prior to the conclusion of any criminal investigation.

9. Within 30 Days (90 Days for Firearm Discharge Cases), the FIT Captain Will Present the Completed Investigation to the Chief of the Compliance & Professional Standards Bureau for Review as to Completeness of Investigation

The Chief’s review will normally be completed within three business days. The investigation will then be forwarded to the involved officer’s chain of command. After this review has been completed, the FIT Captain will be responsible for presenting the investigation to the Force Review Board.

See 8.400–TSK–16, Responsibilities of the FIT Captain During a Type III Investigation (Not a Firearms Discharge), and 8.400-TSK-17, Responsibilities of the FIT Captain During a Type III Investigation (Firearms Discharge).

10. Witness Officers Who had Significant Involvement in any Lethal Force Incident are Required to See a Department-Approved MHP for a Post-Incident Debrief

Significant involvement includes, but is not limited to:

* Serving as a cover officer

* Administering any medical aid to the suspect or a victim

* Being the victim of violence from the suspect

* Using any reportable force during the incident prior to the shooting

The above examples are a sampling of witness officer roles that will be considered significant involvement; however, witness officers may be subject to a mandatory MHP debrief on a case-by-case basis at the discretion of the Chief of Police.

All witness officers referred to an MHP for a mandatory debrief will be given four days of release time.

If desired, witness officers who witnessed any portion of a lethal force incident may contact a Department approved mental health professional (MHP) for a psychological post-incident debrief. (Department-approved MHPs are specially-trained in debriefing law enforcement incidents.)

* The Department will provide for up to the first six visits over a one-year time period beginning on the date of the incident.

* The witness officer may bring a family member along at no extra charge to any or all covered visits.

11. The FIT Captain Will Notify the Command Staff if Information is Obtained at any Stage of the Investigation That Suggests Either Serious Officer Misconduct or Criminal Liability

The assigned FIT investigator will continue to complete the use-of- force investigation.

a. The FIT Captain Will Take the Following Actions When Possible Criminal Conduct is Revealed:

* Refer the investigation to OPA

- If OPA agrees that a criminal investigation is appropriate, they will refer the investigation to the Homicide Unit or another investigative body for assignment to an uninvolved sergeant for bifurcated criminal and administrative investigations using a “clean team” and “exposed team” approach.

* Screen all information through a case master, who will see to it that no information that would compromise the criminal investigation is passed on to the sergeant who is supervising the criminal investigation.

- Additionally, any compelled interview of the subject officer(s) will be delayed until the end of the investigation.

* Consult with a representative of the King County Prosecutor’s Office or the City Attorney’s Office when necessary.

- The criminal investigation will have priority access to witnesses and evidence.

b. The FIT Captain Will Take the Following Actions When Possible Serious Officer Misconduct is Revealed:

* Advise the OPA director and refer the misconduct investigation to the OPA.

8.400-TSK-1 Use of Force – INVOLVED OFFICERS’ RESPONSIBILITIES DURING A TYPE I INVESTIGATION

Upon being involved in a use-of-force that will be investigated at Type I, the involved officer (any officer who used the reportable force):

1. Notifies an on-duty sergeant

2. Uploads and flags in-car video (ICV) with the incident number before going off shift

3. Documents the incident, as appropriate

4. Completes a Type I Use-of-Force Report in Blue Team by the conclusion of the current shift, unless the sergeant approves an extension

The report will include the following elements:

* Brief summary of the incident

* Description of the Type I force

* Why the force was necessary

* Who screened the incident

* Where the screening occurred

* Anything else noteworthy

8.400-TSK-2 Use of Force –RESPONSIBILITIES OF THE SERGEANT DURING A TYPE I INVESTIGATION

When conducting a Type I investigation, the sergeant:

1. Screens the incident in-person with the involved officer

* If there is any uncertainty or concern about the reason or nature of the force used, or the existence of any injury, the sergeant will immediately respond to the scene, unless impractical in the circumstances.

* If the sergeant responds to a scene in which there is allegation of injury or pain, the sergeant will photograph the bodily area of the alleged injury or pain and an overall photo of the subject.

- When a subject is not in custody, the sergeant will request permission before taking photographs.

- When a subject is in custody, the sergeant will take photographs unless the subject refuses and safety dictates, after voluntary and non-coercive attempts fail

2. Determines if the use-of-force is appropriately classified as a Type I incident

* If unable to make that determination, the sergeant will consult with the lieutenant or FIT to assist in the determination.

3. Evaluates the incident for any concerns (tactical, threat assessment, etc.)

* If it appears that serious misconduct may have been involved with the use-of-force, the sergeant will ensure that OPA is contacted and consult the FIT team regarding reclassification of the incident as Type II or Type III.

4. Addresses any concerns with the involved officer and initiates corrective action, as necessary

5. Directs the involved officer to complete a Type I Use-of-Force Report in Blue Team

6. Reviews the Blue Team entry and any related documentation, including G- and supplemental reports and directs the officer to supply more information, if needed

7. Orders the officer to provide additional information or clarification if the Blue Team entry is unclear

8. Completes a brief summary of their review of the incident in the comments section in Blue Team

9. Forwards the reports to the lieutenant

8.400-TSK-3 Use of Force –INVOLVED OFFICERS’ RESPONSIBILITIES DURING A TYPE II INVESTIGATION

Upon being involved in a use-of-force that will be investigated at Type II (physical injury [greater than temporary pain], reasonably expected to cause physical injury, complaint of injury, use of CEW, use of OC spray, use of impact weapon, use of beanbag shotgun, K9 deployment, vehicle-to-vehicle contact to end a pursuit, full- restraint position), the involved officer (any officer who used the reportable force):

1. Requests medical attention for any injured persons

2. Notifies an on-duty sergeant

3. Uploads and flags in-car video (ICV) with the incident number before going off shift

4. Completes a General Offense Report, if appropriate

5. Completes a Type II Use-of-Force Report in Blue Team by the conclusion of the current shift, unless exigent circumstances require an extension

The statement will include the following elements:

* The name and serial number of the officer who used force

* The names of other officers, whether or not they used force, and identified witnesses present

* A detailed description of the circumstances, and the valid law enforcement objective, that led up to the contact with the subject

* A detailed description of the words, actions or behaviors of the subject that precipitated the need for force

* A detailed description of any force and non-force actions used, how those actions furthered the intended law enforcement objective, and the observed results

* A detailed description of any force clearly observed being used by other officers during this incident

* A detailed description of any apparent injury to the subject, any complaint of injury, or the lack of injury, including information regarding any medical aid or medical evaluation provided

* The name and serial number of the sergeant who screened the incident

8.400-TSK-4 Use of Force –RESPONSIBILITIES OF WITNESS OFFICERS DURING A TYPE II OR TYPE III INVESTIGATION (NOT A FIREARMS DISCHARGE)

A witness officer (any officer who was on-scene at the time the force was used and who did not use reportable force):

1. Protects the scene and related evidence

2. Stands by at the scene until released by the sergeant (for a Type II investigation) or the FIT supervisor (for a Type III investigation)

3. Uploads and flags in-car video (ICV) with the incident number before going off shift

4. Provides a Use-of-Force Witness Officer Statement (form 24.5), as directed by the sergeant (for a Type II investigation) or the FIT supervisor (for a Type III investigation). If a witness officer is aware that reportable force was used but not reported, the witness officer shall provide the witness statement to his or her supervisor.

8.400-TSK-5 Use of Force –RESPONSIBILITIES OF WITNESS OFFICERS DURING A TYPE III INVESTIGATION (FIREARMS DISCHARGE)

A witness officer (any non-shooting officer who was on-scene at the time the force was used):

1. Protects the scene and related evidence

2. Answers questions posed by a supervisor without being compelled

3. Conducts a scene walkthrough and briefings with the FIT detective if directed

4. Remains at the scene until directed to respond to the FIT office by FIT personnel

5. Completes a written statement prior to the end of shift, as directed by FIT personnel

Exception: Officers who witness the firearms discharge but use Type III force will participate in an audio recorded use of force interview with the case sergeant and detectives, if requested to d- so, by the conclusion of the current shift, unless exigent circumstances require an extension.

6. If desired, witness officers who witnessed any portion of the firearms discharge may contact a Department-approved mental health professional (MHP) for a psychological post-incident debrief. (Department-approved MHPs are specially-trained in debriefing law enforcement incidents.) See 8.300-POL-4.10.

* The Department will provide for up to the first six visits over a one-year time period beginning on the date of the incident.

* The witness officer may bring a family member along at no extra charge to any or all covered visits.

8.400-TSK-6 Use of Force –RESPONSIBILITIES OF THE SERGEANT DURING A TYPE II INVESTIGATION

When conducting a Type II investigation, the sergeant:

1. Responds to the scene

2. Examines the subject of the force for injury

* When feasible, the sergeant will assess the subject’s injuries and determine whether the subject’s injuries are consistent with the force reported by the officer(s).

3. Interviews the subject for complaints of injury

4. Confirms that appropriate medical aid is rendered to any injured party

5. Obtains basic information and determines if the incident requires screening with the FIT supervisor

6. Identifies and secures evidence to enable him or her to summarize the use of force and the facts and circumstances surrounding it, including:

* Physical evidence

* Audio and video recordings

* Photographs

* Documentation of the presence or absence of injuries

7. Attempts to locate relevant civilian witnesses and arranges for witnesses to be interviewed

* An officer who was involved in, or witnessed, the use of force shall not conduct witness interviews.

* If witnesses do not want to be interviewed, the sergeant shall record their contact information.

* Where practicable and warranted in the circumstances, the sergeant will arrange for all interviews with civilian witnesses to be audio recorded. Civilian witnesses shall be interviewed separately, unless unreasonable under the circumstances.

- Interviews of the subject, or the subject’s refusal to be interviewed, will be audio or ICV recorded, if feasible.

* Documents all efforts to locate and interview civilian witnesses;

* If no civilian witnesses were located, documents that none were found.

8. Reviews CAD to make sure that all officers at the scene are contacted to determine if they used or observed force

Conducts separate interviews of officers involved in a use of force incident, unless unreasonable under the circumstances and the sergeant documents the circumstances.

Exception: Whenever there is an indication of possible criminal conduct by an officer, the officer will not be compelled to provide a statement.

9. Directs the involved officer(s) to complete a Type II Use-of-Force Report in Blue Team and the witness officer(s) to complete a Use-of-Force Witness Officer Statement (form 24.5)

Exception: Whenever there is an indication of possible criminal conduct by an officer, the officer will not be compelled to provide a statement.

10. Canvasses the area for privately-owned video that may have captured the incident, and attempts to obtain copies voluntarily

* If the owner of the video refuses or the video is unavailable, documents the location and/or owner

* If no privately-owned video is discovered, documents that none was found

* Documents all efforts to obtain private video

11. Photographs the following:

* The location where the incident occurred, to document damage and to make sure that relevant evidence is collected

* Any officer injuries or areas of complained injury, and any damaged government or private property

* When a subject is not in custody, asks for permission to photograph injuries

* When a subject is in custody, photographs the subject unless the subject refuses and safety dictates, after voluntary and non-coercive attempts fail

- Takes a minimum of three photos, per subject:

* Overall photo of the subject

* Photo of the general area of the injury (arm, neck, etc.)

* Close-up photo of the injury

- Uploads photos to DEMS

- Documents refusal, as appropriate

12. Reviews the officer’s Blue Team entry to make sure the account is full and accurate

* Verifies that the officer has thoroughly documented all reportable uses of force to the best of their abilities, including a description of each force application

13. Evaluates the incident for any concerns (tactical, threat assessment, etc.)

* If it appears that serious misconduct may have been involved with the use-of-force, the sergeant will ensure that OPA is contacted and consult the FIT team regarding reclassification of the incident as Type III.

14. Advises his or her lieutenant of the incident by the end of the shift during which the incident occurred

15. Confirms that all officers who responded to the incident upload their ICV by the conclusion of their shift

16. Reviews and bookmarks any and all relevant and material ICV or holding cell video related to the incident

* If any video appears to be missing, calls the IT Unit immediately to request a review of the fail safe.

17. If a CEW was deployed, confirms that the CEW data is downloaded and that data analysis is included in the Use-of-Force Report

18. Attaches primary supporting documents (witness statements, etc.) to the Blue Team entry

19. Provides an appropriate summary of their review of the incident in the comments section in Blue Team

* The Use-of-Force Report will include a narrative description of the incident. The narrative will summarize the force used by the officers and the subject, injuries sustained by the subject and the officer, and will describe the sequence of events. Additionally, it will document the supervisor’s actions in reviewing or screening the incident.

* The Use-of-Force Report will include documentation of all evidence that was gathered, including physical evidence; photographs; and names, phone numbers, addresses and summaries of statements by all civilian witnesses to the incident.

* In situations where there are no known witnesses, the Use-of-Force Report will specifically state this fact.

* In situations in which witnesses were present but the author of the report did not determine the identification, phone number or address of those witnesses, the Use-of-Force Report will state the reasons why.

* The Use-of-Force Report shall include the names of all other SPD employees witnessing the use-of-force and summaries of their statements.

* The Use-of-Force Report shall include the sergeant’s evaluation of the evidence, including any material inconsistencies in the evidence or statements.

20. Forwards a completed Blue Team entry along the chain of command within three days, unless an extension is approved by the supervisor’s commanding officer

21. Reviews and approves all associated General Offense reports

Exception: Another sergeant may review the documentation if it is impractical for the initial sergeant to do so. The screening sergeant will locate an alternate to perform the review and will inform the reporting officer of the change.

22. Sends VMail with the GO number to HALERT requesting immediate transcription

8.400-TSK-7 Use of Force – INVOLVED OFFICER’S RESPONSIBILITIES DURING A TYPE III INVESTIGATION (NOT A FIREARMS DISCHARGE)

Upon being involved in a use-of-force that will be investigated at Type III and does not involve the discharge of a firearm (great bodily harm, substantial bodily harm, deadly force, loss of consciousness, neck holds, criminal conduct by officers, serious misconduct by officers, use of stop sticks against a motorcycle), the involved officer (any officer who used the reportable force):

1. Requests medical attention for any injured persons

2. Notifies an on-duty sergeant for a response

3. Stands by at the scene until the arrival of the FIT Unit sergeant or the FIT Captain

Exception: When the officer has sustained an injury that requires treatment, biohazard exposure or when there are hazardous conditions at the scene

4. Participates in an audio- recorded Type III Use-of-Force interview with the case sergeant and detectives, if requested to do so, by the conclusion of the current shift, unless exigent circumstances require an extension

The interview will include the following elements:

* The name and serial number of the officer who used force

* The names of other officers or identified witnesses present

* A detailed description of the circumstances that led up to the contact with the subject

* A detailed description of the words, actions or behaviors of the subject that precipitated the need for force

* A detailed description of any force and non-force actions used to achieve the law enforcement objective, and the observed results

* A detailed description of any force clearly observed being used by other officers during this incident

* A detailed description of any apparent injury to the subject, any complaint of injury, or the lack of injury, including information regarding any medical aid or medical evaluation provided

* The name and serial number of the sergeant who screened the incident

8.400-TSK-8 Use of Force – INVOLVED OFFICER’S RESPONSIBILITIES DURING A TYPE III INVESTIGATION (FIREARMS DISCHARGE)

Upon being involved in a firearms discharge, the involved officer (any officer who discharged his or her firearm):

1. Notifies his or her sergeant

If off-duty, calls Communications to request that an on-duty SPD lieutenant be notified

2. Answers questions posed by the first arriving sergeant from the Public Safety Statement Card, when directed

3. Remains at the scene until the FIT Sergeant or Captain arrives.

Exception: When the officer has sustained an injury that requires treatment, biohazard exposure or when there are hazardous conditions at the scene.

4. Responds to the FIT office, when directed

5. Relinquishes his or her discharged weapon, when directed by FIT personnel

6. Conducts a scene walk-through, if directed

This can occur at any time during the investigation and will be preceded by reasonable notice to the officer. The officer has the option of bargaining unit and legal representation at this walk-through.

7. Provides an audio-recorded statement

An audio-recorded statement will be provided by the involved officer as soon as practicable, taking into account the totality of the circumstances, including, but not limited to, the psychological, physiological, and medical condition of the officer, and the complexity of the scene processing.

8. Completes a Firearms Discharge Blue Team entry and a Use-of-Force Blue Team entry, at the direction of a FIT supervisor

9. Contacts an SPD Firearms Training Unit sergeant to arrange for a function test of the replacement firearm

* This shall occur when practical.

* When the involved officer is notified that the involved firearm has been cleared to be released from the Quartermaster Unit for duty purposes, he or she will function test the weapon at the SPD Range prior to deploying it again for field duty.

10. Selects a mental health professional from the list of Department-approved providers and schedules a posto incident appointment within 72 hours of the incident

* This visit must occur before the officer returns to work.

* The Department will provide for up to the first six

* visits over a one-year time period beginning on the date of the incident.

* The involved officer may bring a family member along at no extra charge to any or all covered visits.

8.400-TSK-9 Use of Force – RESPONSIBILITIES OF THE SERGEANT DURING A TYPE III INVESTIGATION (NOT A FIREARMS DISCHARGE)

The sergeant:

1. Responds to the scene

2. Confirms that appropriate medical aid is rendered to any injured party

If the subject is transported to a hospital, verifies that the subject has been identified and arranges for hospital guard, if necessary

3. Notifies an on-duty watch lieutenant of the incident

a. Maintains control of the scene until the lieutenant arrives

b. Briefs the lieutenant

4. Obtains basic information and determines if the incident requires screening with the FIT sergeant

* This may include completing a Use-of-Force Public Safety Statement Card (form 24.3).

5. Ensures the scene is contained

6. Supports the involved officer

a. Does not isolate the involved officer

b. Does not allow the involved officer to talk to other personnel about the incident

c. Confirms that the involved officer has access to the following:

- Food and drink

- Restroom facilities

- Telephone

- Representative from his or her collective bargaining unit

d. Does not allow the involved officer to sit in the back seat of a police vehicle

e. Avoids making the involved officer feel like a suspect

f. Assigns an officer to standby with the involved officer, if appropriate

7. Attempts to locate and identify civilian witnesses and request that they stand by to be interviewed by FIT personnel

* If witnesses do not want to be interviewed, the sergeant shall record their contact information.

8. Turns the scene over to the arriving FIT personnel

9. Gives any Use-of-Force Public Safety Cards to the FIT Unit sergeant or FIT Captain upon their arrival

10. Complies with directions from the FIT Captain

11. Assigns an officer to complete the General Offense Report

12. Confirms that all officers who responded to the incident upload the ICV by the conclusion of their shift

* If any video appears to be missing, calls the IT Unit immediately to request a review of the fail safe.

13. Evaluates the incident for any concerns (tactical, threat assessment, etc.)

a. If it appears that serious misconduct may have been involved with the use-of-force, the sergeant will ensure that OPA is contacted.

b. Advises the FIT Sergeant of any other concerns noted.

8.400-TSK-10 Use of Force – RESPONSIBILITIES OF THE SERGEANT DURING A TYPE III INVESTIGATION (FIREARMS DISCHARGE)

During the investigation of a firearms discharge, the patrol sergeant:

1. Responds to the scene

2. Advises communications of his or her assumption of command

3. Confirms that the necessary medical aid requests have been made

If the subject is transported to a hospital, verifies that the subject has been identified and arranges for hospital guard.

4. Completes a Public Safety Statement Card from the involved officer, if feasible.

5. Immediately broadcasts the information obtained from the Public Safety Statement Card to enhance public safety and assist with the capture of outstanding suspects.

6. Initiates Incident Command System (ICS).

7. Attempts to locate and identify civilian witnesses and requests they stand by to be interviewed by FIT personnel

If witnesses do not want to be interviewed, the sergeant records their contact information.

8. If the subject is transported to a hospital, verifies that the subject has been identified and arranges for hospital guard.

9. Notifies an on-duty lieutenant

10. Maintains control of the scene until the lieutenant arrives

11. Upon the arrival of the lieutenant, relinquishes command of the scene, after an in-person briefing

Coordinates with the lieutenant to make sure that, at a minimum, notification is made to the captain in whose precinct the incident occurred and the section captain for the involved officer(s)

12. Requests the response of the FIT

13. Relieves the involved officer of any scene-related duties

If it becomes unsafe for the involved officer(s) to remain at the scene (an injury requiring medical attention or an unruly crowd, etc.) the patrol supervisor arranges for the involved officer to be transported to a hospital or to the FIT office, as appropriate

14. Assigns an officer to standby and accompany the involved officer

a. If there are multiple involved officers, assigns an officer to each

b. The officer(s) assigned to the involved officer(s) shall not be witness officer(s) nor union representative(s).

15. Confirms that the involved officers understand they are not to change the condition of their weapon or appearance of their uniform, except at the direction of the FIT.

Exceptions to the uniform requirement include but are not limited to an officer’s uniform being contaminated with bio-hazard material

16. Supports the involved officer

a. Confirms that the involved officer has access to a representative from his or her collective bargaining unit

b. Confirms that the involved officer has access to food and drink, restroom facilities, and a telephone

c. Does not allow the involved officer to talk to other personnel about the incident

d. Does not seat the involved officer in the back seat of a police vehicle

e. Avoids any action that may make the involved officer feel like a suspect

17. Remains at the scene to coordinate scene security

18. Gives the Public Safety Statement Card to the FIT sergeant or FIT Captain upon arrival

19. Confirms that the necessary reports and statements have been completed and approved/delivered before involved personnel go off shift

20. Confirms that all officers who responded to the incident upload their DICV (digital in-car video) before going off shift

* If any video appears to be missing, calls the IT Unit immediately to request a review of the fail safe.

21. Evaluates the incident for any concerns (tactical, threat assessment, etc.)

a. If it appears that serious misconduct or potential criminal conduct may have been involved with the firearms discharge, the sergeant will contact the OPA representative on-scene

b. Advises the FIT Sergeant of any other concerns noted.

8.400-TSK-11 Use of Force – RESPONSIBILITIES OF THE WATCH LIEUTENANT DURING A TYPE III INVESTIGATION (NOT A FIREARMS DISCHARGE)

Upon notification of a Type III investigation the watch lieutenant:

1. Responds to the scene

2. Advises dispatch that he or she has assumed command

3. Confirms that the involved officer’s bargaining unit is made aware of the incident

4. Notifies a CISM representative of the incident, if appropriate

5. Relinquishes control of the inner perimeter of the scene to the FIT sergeant or FIT Captain upon their arrival

6. Maintains control of the outer perimeter until the scene is cleared by the FIT

7. Evaluates the incident for any concerns (tactical, threat assessment, etc.)

a. If it appears that the force used involves potential criminal conduct or misconduct, other than minor misconduct, on the part of the officer, the lieutenant will ensure that OPA is contacted.

b. Advises the FIT Lieutenant or FIT Captain of any other concerns noted.

8.400-TSK-12 Use of Force – RESPONSIBILITIES OF THE WATCH LIEUTENANT OR CAPTAIN DURING A TYPE III INVESTIGATION (FIREARMS DISCHARGE)

During the investigation of a firearms discharge, the on-scene Lieutenant or Captain:

1. Responds to the scene

* If the discharge occurred in another jurisdiction, responds to the location if it is within a reasonable distance

2. Advises communications of his or her arrival and assumption of command

3. Confirms that Incident Command has been established and the proper duties have been delegated

4. Provides the appropriate level of command and command structure to achieve scene preservation and crime scene integrity

5. Maintains command of the scene until the FIT sergeant or Captain arrives.

6. Upon arrival of the FIT sergeant or Captain, relinquishes the inner perimeter of the scene

7. Confirms that all officers directly involved in the shooting respond to the FIT office, when directed to do so by the FIT sergeant or Captain

8. Confirms the involved officers are accompanied by other officers, if appropriate

9. Notifies the duty captain

10. Confirms that a representative of the appropriate collective bargaining unit is notified of the incident

11. If appropriate, assists with coordinating a Crisis Management Briefing for officers who are not involved officers in the firearms discharge, as recommended by the CISM team leader

12. Coordinates with the FIT Captain to make sure that all existing reports, documents and officer statements are immediately routed to the FIT

13. Evaluates the incident for any concerns (tactical, threat assessment, etc.)

a. If it appears that serious misconduct or potential criminal conduct may have been involved with the firearms discharge, contacts the OPA representative on-scene

b. Advises the FIT Lieutenant or FIT Captain of any other concerns noted.

8.400-TSK-13 Use of Force – RESPONSIBILITIES OF THE FIT CASE DETECTIVE DURING A TYPE III INVESTIGATION (FIREARMS DISCHARGE)

During the investigation of a firearms discharge, the FIT case detective:

1. Responds to the scene

2. Arranges for a canvass for any witnesses and privately owned video

3. Determines if there is an immediate need for any ICV (in-car video) or HCV (holding cell video) download

4. Participates in the compelled in-person interview of the involved officer(s)

5. Participates in any interview or statement review of the witness officers

6. Takes custody of the weapon used by the involved officer in the condition it was in after being fired and performs a round count

7. Confirms the involved officer’s firearm is placed into Evidence

8.400-TSK-14 Use of Force –RESPONSIBILITIES OF THE FIT UNIT SERGEANT DURING A TYPE III INVESTIGATION (NOT A FIREARMS DISCHARGE)

During a Type III investigation, the FIT Unit sergeant:

1. Confirms that the scene is photographed and processed either by FIT detectives or CSI detectives

2. Confirms that ICV from involved officers is uploaded prior to them going off shift

* If any video appears to be missing, calls the IT Unit immediately to request a review of the fail safe.

3. Reviews CAD to make sure that all officers at the scene are contacted to determine if they used or observed force

4. Arranges for all involved officers to provide an audio -recorded use-of- force statement as directed by the FIT Captain

* Typically, the FIT Captain directs officers who used Type I or Type II force to complete Blue Team entry.

* Verifies that the officers who have provided statements have thoroughly documented all reportable uses of force to the best of their abilities, including a description of each force application

Exception: If information suggests possible criminal conduct by an officer, that officer will not be compelled to provide a use-of-force statement or a -recorded interview prior to the conclusion of any criminal investigation.

5. Arranges for all witness officers to provide a statement

6. Oversees the FIT investigation, per the FIT manual

* If a FIT investigation, at any point, reveals that the force used involves potential criminal conduct or misconduct, other than minor misconduct, on the part of the officer, FIT supervisor will contact OPA.

8.400-TSK-15 Use of Force – RESPONSIBILITIES OF THE FIT UNIT SERGEANT DURING A TYPE III INVESTIGATION (FIREARMS DISCHARGE)

During the investigation of a firearms discharge, the FIT sergeant:

1. Responds to the scene

2. Arranges for documentation of the scene and evidence collection by Crime Scene Investigation personnel

3. Coordinates with the On-Scene Sergeant to make sure that a General Offense report on the incident is immediately routed to the FIT

* If any video appears to be missing, calls the IT Unit immediately to request a review of the fail safe.

4. Confirms that ICV from involved officers is uploaded prior to them going off shift

5. Reviews CAD to make sure that all officers at the scene provide statements

* Verifies that the officers who have provided statements have thoroughly documented all reportable uses of force

6. Verifies the involved officer is placed in a conference / soft interview room at the FIT office

7. Participates in the compelled in-person interview of the involved officer(s)

Exception: If information suggests possible criminal conduct by an officer, that officer will not be compelled to provide a written or audio recorded statement prior to the conclusion of any criminal investigation.

8. Completes and provides all involved officers with an Officer Involved Shooting Post-Incident Checklist. Supervises the investigation of the incident, per the FIT manual

* If a FIT investigation, at any point, reveals that the force used involves potential criminal conduct or misconduct, other than minor misconduct, on the part of the officer, the FIT supervisor will contact OPA.

8.400-TSK-16 Use of Force –RESPONSIBILITIES OF THE FIT CAPTAIN DURING A TYPE III INVESTIGATION (NOT A FIREARMS DISCHARGE)

Upon notification of a Type III investigation, the FIT Captain:

1. Assumes control of the inner perimeter of the scene

2. Compels officers who used force to provide an in-person interview if necessary and consistent with the requirements of the FIT Manual

3. Arranges for a Training Section representative to respond to the investigation

4. Completes a Use-of-Force Major Incident Summary and routes it to the involved officers’ chain of command and the command staff, as well as the FIT Unit chain of command

5. Monitors the investigation

6. Evaluates the incident for any concerns (tactical, threat assessment, etc.)

If it appears that the force used involves potential criminal conduct or misconduct, other than minor misconduct, on the part of the officer, the captain will ensure that OPA is contacted.

7. Presents the complete investigation to the Force Review Board

8. Conducts any briefings or presentations to Command Staff regarding the incident

8.400-TSK-17 Use of Force –RESPONSIBILITIES OF THE FIT CAPTAIN DURING A TYPE III INVESTIGATION (FIREARMS DISCHARGE)

During the investigation of a firearms discharge, the FIT Captain:

1. Responds to the scene

2. Assumes control of the inner perimeter of the scene

3. Arranges for an OPA representative and a Training Section representative to respond to the investigation

4. Completes a Use-of-Force Major Incident Summary and routes it to the involved officers’ chain of command and the command staff, and the FIT Unit chain of command

5. Monitors the investigation

6. Evaluates the incident for any concerns (tactical, threat assessment, etc.)

If it appears that the force used involves potential criminal conduct or misconduct, other than minor misconduct, on the part of the officer, the captain will ensure that OPA is contacted.

7. Presents the complete investigation to the Force Review Board

8. Contacts the Critical Incident Stress Management team leader to coordinate a response from a CISM team member

* Ensures the involved officers are provided a CISM Lethal Force Incident booklet

9. Ensures the officer has access to

* Food and drink

* Restroom facilities

* Telephone

* Bargaining unit representative

* Legal representative

10. Provides the involved officer(s) with a copy of the Police Officers Bill of Rights during their in-person interview and compels their participation, consistent with the requirements of the FIT manual.

11. Provides the involved officer(s) with a replacement weapon

a. This will normally occur at the scene if the involved officer is still on scene when FIT arrives, and otherwise will occur at the FIT office

b. No immediate replacement will be provided for a Department-issued long gun

12. Maintains overall responsibility for the investigation

13. Facilitates return to work plan for involved officer.

a. Notifies the Involved Officer’s Captain when the Involved Officer has been approved through their post-incident debriefing to return to work.

b. Together with the Involved Officer’s Captain, briefs Chief of Police and Command Staff at next scheduled Command Staff meeting for a decision regarding return to work.

8.400-TSK-18 Use of Force – RESPONSIBILITIES OF THE DUTY CAPTAIN DURING A TYPE III INVESTIGATION (FIREARMS DISCHARGE)

During the investigation of a firearms discharge, the duty captain:

1. Verifies the following notifications are made:

* Section captain of the involved officer(s)

* Assistant Chief of the involved officer(s)’ bureau

* Office of the Chief

* Chief of Staff

* Public Affairs Unit

8.400-TSK-19 Use of Force – RESPONSIBILITIES OF THE TRAINING UNIT REPRESENTATIVE DURING A TYPE III INVESTIGATION

The Training Unit representative:

1. Responds to the scene

2. Consults with the FIT sergeant overseeing the investigation in order to identify any Department-wide policy or training issues

3. Functions as a liaison and fulfills all requests from the FIT Unit

8.400-TSK-20 Use of Force – ROLE OF THE OFFICE OF PROFESSIONAL ACCOUNTABILITY (OPA) REPRESENTATIVE DURING A TYPE III INVESTIGATION

The OPA representative will have no investigative role at the scene but:

1. Consults with the FIT Captain overseeing the investigation in order to identify any potential misconduct issues

2. Functions as a liaison to the FIT Unit