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General Policy Information

Preface

About and Contact

Audit, Policy & Research Unit Manual

Code of Ethics

Mission Statement and Priorities

Recently Updated

Cross Reference

Latest Revision Date: 5/21/2014

Title 1 - Department Administration

1.010 - Authority and Jurisdiction

1.020 - Chain of Command

1.030 - Department Span of Control Chart

1.040 - Budget

1.050 - Grants

1.060 - Consultant Contract Administration

1.070 - Training

1.080 - Inspection and Audits

1.090 - Ticket Chain of Custody

1.100 - Ticket Audits

1.110 - Media Relations

Title 2 - Department Employment

2.020 - Appointments and Probation

2.030 - Retirements and Separations

2.050 - Collective Bargaining and Contract Management

2.060 - Grievances

2.070 - Performance Evaluations

Title 3 - Employee Welfare

3.035 - Reasonable Accommodation (ADA)

3.040 – Airborne Pathogens Control

3.045 - Bloodborne Pathogens Exposure Control

3.050 - Coordinating Officer Fatalities

3.070 - Performance Mentoring Program

3.080 - Travel Training System

3.090 - Employee Recognition Awards Program

3.170 - Honoring Those Killed in the Line of Duty

3.270 - Police Charity Committee

3.290 - Pre-Service/In-Service and Specialized Training

3.330 - Workplace Safety

3.340 - Employee Involvement Committees_JLMC

Title 4 - Human Resources

4.000 - Employee Move Tracking System (EMT)

4.005 - Police Employee Data System (PEDS)

4.010 - Employee Time Off

4.015 - Restricted Time Off for a Pre-Planned Event

4.020 - Reporting and Recording Overtime/Out of Classification Pay

4.030 - Jury Duty

4.040 - Sick Leave

4.050 - On-Duty Illness or Injury

4.060 - Long Term Disability Benefits

4.070 - Limited Duty Assignments

4.080 - Pregnancy

4.090 - Leave of Absence Without Pay

4.100 – Family and Medical Leave

4.110 - Sick Leave Donation

4.120 - Domestic Violence, Sexual Assault, and Stalking Leave

4.130 - Military Leave

4.140 - Military Spouse/Domestic Partner Leave

4.150 - Funeral Leave

Title 5 - Employee Conduct

5.001 - Standards and Duties

5.002 - Responsibilities of Employees Concerning Complaints of Possible Misconduct

5.010 - Civil Actions

5.020 - Gifts and Gratuities

5.030 - Criminal Case Testimony

5.040 - EEO Complaints and Investigations

5.060 - Employee Political Activity

5.090 - Operations Bureau General Personnel Matters

5.100 - Operations Bureau Individual Responsibilities

5.120 - Secondary Employment

5.130 - Supervisor/Employee Relationships

5.140 - Bias-Free Policing

Bias-Free Policing Frequently Asked Questions (FAQ)

5.150 - Use of Private Vehicles for City Business

5.160 - Citizen Observation of Officers

5.170 - Alcohol and Substance Use

5.175 - Critical Incident Stress Management Communications

5.190 - Court Appearances and Legal Proceedings

5.200 - Americans With Disabilities Act

Title 6 - Arrests, Search and Seizure

6.010 - Reporting Arrests and Detentions

6.020 - Arrests and Detentions of Foreign Nationals

6.030 - Body Cavity Searches

6.060 - Collection of Information for Law Enforcement Purposes

6.120 - Impounding Vehicles

6.130 - Informant Management

6.135 - Cooperating Witnesses

6.140 - Locating a Cell Phone during an Emergency

6.150 - Advising Persons of Right to Counsel and Miranda

6.180 - Searches-General

6.181 - Performing Inventory Searches

6.185 - Search Warrants

6.210 - Strip Searches

6.220 - Voluntary Contacts and Terry Stops

6.250 - Use of Non-SPD Canines

6.280 - Warrant Arrests

6.290 - Juvenile Investigations and Arrests

Title 7 - Evidence and Property

7.010 - Submitting Evidence

7.020 - Found Property

7.030 - Firearms & Shell Casings

7.040 - Dangerous or Hazardous Evidence

7.050 - Checking Out Evidence for Court

7.060 - Releasing Evidence

7.070 - Converting Evidence for Department Use

7.080 - Money Evidence

7.090 - Photographic Evidence

7.100 - Fingerprint Evidence

7.110 - Recorded Statements

7.120 - Narcotics Evidence

7.130 – Narcotics Training Aid and Investigative Use Drug Property Release

7.140 – Firearm Training Aid and Investigative Use

7.150 - Detainee Property for Safekeeping

Title 8 - Use of Force

8.000 - Use of Force Core Principles

8.050 - Use of Force Definitions

8.100 - Using Force

8.200 - Use of Force Tools

8.300 - Use of Force Reporting and Investigation

Use of Force Public Safety Statement Card

Investigating Supervisor Scene Guide

Investigating Supervisor Precinct Guide

Investigating Supervisor Documentation Guide

Involved Officer Statement Guide

Witness Officer Statement Guide

8.400 - Reviewing Use of Force

Reviewing Lieutenant Guide

Reviewing Captain Guide

8.500 - Firearms Discharge Investigations

Public Safety Statement Card

8.600 - Review of Firearms Discharges

Use-of-Force Frequently Asked Questions (FAQ)

Title 9 - Equipment and Uniforms

9.010 - Employee Dress Standards

9.020 - Uniform

Uniform Reference Catalog

9.030 - Equipment

Equipment Reference Catalog

9.040 - Uniform and Equipment Committee

9.050 - Clothing Allowance and Reinbursement for Personal Property

9.060 - Firearms

9.065 - Firearms Training and Qualification

9.100 - Department Firearms Management

Title 10 - Police Facilities & Security

10.010 - Parking at Department Facilities

10.020 - Physical Security of Police Facilities

10.060 - Holding Cell Camera System

Title 11 - Detainee Management

11.010 - Detainee Management in Department Facilities

11.020 - Transportation of Detainees

11.030 - Guarding Detainees at a Hospital

11.040 - Booking Adult Detainees

Title 12 - Department Information Systems

12.010 - Communications

12.030 - Computer Hardware & Devices

12.040 - Computer Software

12.045 - Booking Photo Comparison Software

12.050 - Criminal Records

12.055 - Criminal Justice Research

12.060 - Department Forms Control

12.070 - Department Publications

12.080 - Department Records Access, Inspection & Dissemination

12.090 - Departmental Correspondence

12.091 - Mobile Reporting Entity (MRE) Laptops

12.110 - Use of Department E-mail & Internet Systems

12.111 - Use of Cloud Storage Services

12.120 - Telephone and Facsimile Machine Use

Title 13 - Vehicle Operations

13.010 - Collisions Involving Department Vehicles

13.015 - Collision Review Board

13.030 - Emergency Vehicle Operations

13.031 - Vehicle Eluding/Pursuits

13.040 - Patrol Operations Equipment, Police Vehicles and Facilities

13.050 - Policing by Mountain Bike

13.060 - Specialty Vehicles & Equipment

13.080 - Use of Department Vehicles

Title 14 - Emergency Operations

14.010 - After-Action Reports

14.040 - Hazardous Conditions

14.060 - Serious Incident Plan

14.070 - Serious Injury or Fatality to a Police Officer

14.080 - Task Force Mobilization

14.090 - Demonstration Management

ICS Debrief Form

14.100 - Special Event Planning

Title 15 - Primary Investigation

15.010 - Arson Investigations

15.015 – Bomb Threats and Explosive Devices

15.020 - Charge by Officer

15.055 - Death Investigations (Non Traffic)

15.080 - Follow-up Unit Notification and Follow-up Investigation

15.090 - Graffiti Incidents

15.100 - Kidnapping

15.120 - Malicious Harassment

15.130 - Missing Persons

15.140 - Narcotics Activity Report

15.150 - Narcotics

15.180 - Primary Investigations

15.185 - Vulnerable Adults-Elder Abuse and Neglect

15.190 - Theft and Recovery of Vehicle, License Plates, or License Tabs

15.200 - Retail Theft Program

15.210 - Investigating Property Held by a Pawnshop or Used-Goods Store

15.215 - Domestic Violence Firearms Seizures

15.220 - Child Welfare

15.230 - Animal Control

15.240 - Boating Accidents

15.250 - Interpreters/Translators

15.260 - Collision Investigations

15.270 - Trespass Warning Program

15.275 - Enforcing Trespass in Parks

15.280 - DUI Investigations

15.290 - Stay Out of Areas of Prostitution (SOAP)

15.300 - Stay Out of Drug Areas (SODA)-Define Boundaries

15.310 - Foreign Nationals Seeking Asylum

15.320 - Police Action on Military Reservations

15.330 - Responding to Threats and Assaults on Officers

15.340 - Robbery Response

15.350 - Significant Incident Report

15.360 - Mobile Identification Devices

15.370 - Sexual Assault Investigation

Title 16 - Patrol Operations

16.010 - Adult Entertainment

16.020 - Alley Closure

16.030 - Citizen Rider Program

16.040 - Community Police Teams

16.050 - Death Notifications

16.070 - Responding to Monitored Alarms

16.080 - Fireworks Disposal and Disposition

16.090 - In Car Video System

16.091 - Body-Worn Video Pilot Program

16.100 - Patrol Training and Publications

16.110 - Crisis Intervention

16.130 - Sick and Injured Persons

16.135 - Excited Delirium

16.140 - Traffic Direction and Control

16.150 - Snow and Ice Plan

16.160 - Ticket Vendors

16.170 - Automatic License Plate Readers

16.180 - Patrol Operations Order

16.190 - Labor Management Disputes

16.230 - Issuing Tickets and Traffic Contact Reports

16.231 - Cancelling and Voiding Tickets

16.240 - Mutual Assistance

16.250 - Interaction with the University of Washington Police Department

8.300-Use-of-Force Reporting & Investigation

The following policies apply to the reporting and investigation of uses of force. 

 

8.300-POL-1  Use-of-Force Reporting

8.300-POL-2  Type I Investigations

8.300-POL-3  Type II Investigations

8.300-POL-4  Type III Investigations

 

8.300-POL-1  Use-of-Force Reporting

Effective Date:  1/1/2014

 

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, 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 (other than incidents resulting in death or discharge of a firearm by an officer) are separated into three types, based on the nature of the incident. For officer-involved shootings, see 8.500, and for deaths 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 Investigation

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 without transient pain

No investigation or

reporting required

Type I

Transient Pain

 

Disorientation

 

 

Aiming of Firearm or Beanbag Shotgun at a Subject

“Soft” takedowns (controlled placement)

 

Open or empty hand strike or other disorientation techniques

 

Wrist lock with sufficient force to cause pain or complaint of pain

Sergeant Screening

In-person (Unless Impractical)

Use-of-Force Type I and II Involved Officer’s Report (form 24.6)

Use-of-Force Type I Supervisor’s Screening Report-Sgt. (form 24.7)

Use-of-Force Type I Supervisor’s Screening Report-Lt. (form 24.8)

Use-of-Force Type I Supervisor’s Screening Report-Capt. (form 24.9)

 

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 Injury or Complaint of Injury causing less than a Type III injury

Vehicle

PIT

Hobble Restraint

Abrasion

 

Bruising

 

“Hard strike”

 

Hard takedown

 

Kick

 

Sergeant Screening at

the Scene

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

Use-of-Force Type I and II Involved Officer’s Report (form 24.6)

Use-of-Force Type II Supervisor’s Screening Report-Sgt. (form 24.10)

Use-of-Force Type II Supervisor’s Screening Report-Lt. (form 24.11)

Use-of-Force Type II Supervisor’s Screening Report-Capt. (form 24.12)

Use-of-Force Type II Supervisor’s Screening Report-UOFRB (form 24.13)

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

Collection of Evidence

Review of Video

UOFRB 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

 

Sergeant Screening at

the Scene

FIT Response and

Investigation

UOFRB 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 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 Use Reportable Force While Working for a Secondary Employer Shall Call for an On-Duty Sergeant Via Radio Unless an SPD Sergeant is Assigned or Working the Same Off-Duty Detail

 

The sergeant will review the incident and do one of the following:

 

  • Classify the investigation as Type I

d.  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

e.  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.

3.  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:

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

 

5.  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.

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

 

7.  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 #7.

 

 

8.300-POL-2  Type I Investigations

Effective Date:  1/1/2014

 

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 8.300–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

Officers shall use the appropriate forms, as referenced in the below tasks, to document uses of force. 

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

 

 

8.300-POL-3  Type II Investigations

Effective Date:  1/1/2014

 

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 8.300–TSK–5 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 a Sergeant’s Force Investigation Report Within 3 Days of Learning of the Use-of-Force

Exception: The lieutenant may approve an extension.

a.     Each Higher Level Supervisor in the Chain Will Review the Report Packet Within a Reasonable Period of Time to Ensure it is Complete and That the Sergeant’s Investigation Was Thorough and Reach Findings as to Whether the Use-of-Force Was Lawful and Consistent with Policy

Every supervisor in the chain of command is responsible to ensure the accuracy and completeness of the Use-of-Force Reports completed by sergeants.

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

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, whether 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, Finds the Investigation Complete and Supported by the Evidence, He or She Shall Forward the Investigation File to the Use-of-Force Review Board

 

8.300-POL-4  Type III Investigations

Effective Date:  1/1/2014

 

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 Three 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 Use-of-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 8.300–TSK–11, 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 8.300–TSK–12 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 8.300–TSK–9, Responsibilities of the FIT Captain During a Type III Investigation, and 8.300–TSK–10, Responsibilities of the FIT Unit Sergeant During a Type III Investigation.

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

See 8.300-TSK-7 Responsibilities of the Patrol Sergeant During a Type III Investigation.

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 a use-of force statement or an audio-taped interview prior to the conclusion of any criminal investigation.

9.  Within 30 Days, the FIT Captain Will Present the Completed Investigation to the Chief of the Professional Standards Bureau for Review as to Completeness of Investigation

This 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 Use-of-Force Review Board.

See 8.300-TSK-9, Responsibilities of the FIT Captain During a Type III Investigation.

10.  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:

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

 

8.300–TSK–1  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) before going off shift

3.  Documents the incident, as appropriate

4.  Submits a Type I and II Use-of-Force Involved Officer’s Report (form 24.6) to the sergeant by the conclusion of the current shift, unless the sergeant approves an extension

The report will include the following elements:

 

8.300–TSK–2  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

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

a.   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.)

a.   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 submit a Type I and II Use-of-Force
Involved Officer’s Report
(form 24.6)

6.  Reviews the Type I and II Use-of-Force Involved Officer’s Report (form 24.6), and any related documentation, including GO 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 Type I and II Use-of-Force Involved Officer’s Report (form 24.6) is unclear

 

8.  Completes the Use-of-Force Type I Supervisor’s Screening Report-Sgt. (form 24.7)

9.  Forwards the reports to the lieutenant

 

8.300-TSK-4 addresses Responsibilities of Witness Officers During Both Type II and Type III Investigations.

 

8.300–TSK–3  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) before going off shift

4.  Completes a General Offense Report, if appropriate

5.  Submits a Type I and II Use-of-Force Involved Officer’s Report (form 24.6) to the sergeant by the conclusion of the current shift, unless exigent circumstances require an extension

The statement will include the following elements:

 

8.300–TSK–4  Responsibilities of Witness Officers During a Type II or Type III Investigation

A witness officer (any officer who was on-scene and 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) 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.

 

8.300–TSK–5  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

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:

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

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

9.  Conducts separate interviews of officers involved in a use of force incident, unless unreasonable under 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.

10.  Directs the involved officer(s) to complete a Type I and II Use-of-Force Involved Officer’s Report (form 24.6) 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.

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

12.  Photographs the following:

13.  Reviews the officer’s Type I and II Use-of-Force Involved Officer’s Report (form 24.6) to make sure the account is full and accurate

14.  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 and consult the FIT team regarding reclassification of the incident as Type III.

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

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

17.  Reviews any ICV or holding cell video related to the incident and flags for retention ICV that includes contact with the subject

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

19.  Completes the Use of Force Type II Supervisors Review_Sgt (form 24.10)

20.  Forwards a completed Use of Force Type II Supervisors Review_Sgt (form 24.10) 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

 

 

8.300–TSK-6  Involved Officer’s Responsibilities During a Type III Investigation

Upon being involved in a use-of-force that will be investigated at Type III (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-taped  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:

 

8.300–TSK–7  Responsibilities of the Sergeant During a Type III Investigation

The sergeant:

1.  Responds to the scene

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

a.  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

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:

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

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

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.

 

8.300–TSK–8  Responsibilities of the Watch Lieutenant During a Type III Investigation

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.

 

8.300–TSK–9  Responsibilities of the FIT Captain During a Type III Investigation

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

1.  Assumes control of the inner perimeter of the scene

Provides  Garrity  warnings  to  all  officers  who  used  force prior to  any compelled  in-person interview, if requested 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.)

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 captain will ensure that OPA is contacted.

7.  Presents the complete investigation to the Use-of-Force Review Board

 

8.300–TSK–10  Responsibilities of the FIT Unit Sergeant During a Type III Investigation

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

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-taped use-of-force statement as directed by the FIT Captain

Exception: If information suggests possible criminal conduct by an officer, that officer will not be compelled to provide a use-of-force statement or an audio-taped 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

 

8.300–TSK–11  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

 

8.300-TSK-12  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