Policy Text
BERKELEY POLICE DEPARTMENT
DATE ISSUED: January 18, 2005 GENERAL ORDER P-12
*Highlighted text is new.SUBJECT: POLICE-INVOLVED SHOOTINGS AND FATAL OR SERIOUS INJURY
INCIDENTS
PURPOSE
1 - The purpose of this Order is to delineate the policy for investigating officer
involved shootings or other incidents involving officer/employees which result in
serious injury or fatalities and to thoroughly investig ate all serious incidents
involving multiple jurisdictions or personnel from other law enforcement agencies.
POLICY
2 - Investigation of police-involved shootings or other incidents, which result in
serious injury or death, are complex and demanding. The consequences of such
an incident can be profound and affect many people in the Department and the
community. For these reasons, it is the policy of the Berkeley Police Department
to investigate all such incidents thorou ghly, fairly and in compliance with the
directions of this Order.
PROCEDURES
3 - The Berkeley Police Department will in vestigate all police-involved shootings or
other incidents which result in serious injury or death that occur in the City of
Berkeley, whether they involve Berkeley Police employees or employees of
another law enforcement agency. If a serious incident takes place in two or
more jurisdictions, each part of th e incident will be investigated by the
agency having primary jurisdiction over the geographical area in which that
part occurs. The policy applies to sworn officers and non-sworn
employees who are on duty, and it applies to sworn officers who are off
duty but assume an on-duty status to accomplish a police objective.
An “Officer Involved Shooting and Fatal/Serious Injury Incidents Checklist for
Sergeants /Watch Commanders is attached at the end of this directive. The
Checklist should be used to facilitate th e investigation, with appropriate copies
routed to the Administrative Division Captain, Division Commander(s) of the
involved employee(s) and the Homicide Detail.
(a) When a police-involved shooting or other incident results in serious injury
or death, a member of the Berkeley Police Department Homicide Detail
shall notify the Alameda County District Attorney’s on-call “Officer-Involved Shooting Team” or “Homicide Unit.” These notifications may be made via
the Alameda County Sheriff Department’s Dispatchers.
(1) The District Attorney’s Office will determine if the incident is one
that they will respond to. Where deemed appropriate by the District
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BERKELEY POLICE DEPARTMENT
DATE ISSUED: January 18, 2005 GENERAL ORDER P-12
*Highlighted text is new.Attorney’s Office, they will conduct an investigation independent
and apart from our investigations.
(b) If the District Attorney’s Office determines they will respond, the Homicide
Detail shall insure they are provided with a summary of all investigative
information upon arrival at the incident scene. Members of the District
Attorney’s Office shall be allowed to view and photograph the scene and
all physical evidence. They shall also be provided with the opportunity to
interview all witnesses and invo lved officer(s)/employee(s).
(1) The District Attorney's Office will conduct a separa te investigation
of the incident without interferin g and will receive full cooperation
from members of the Berkeley Police Department, including being
present at officer/employee interviews and submitting questions in
writing to be asked of the involved personnel.
(c) Upon completion of their investigat ion, the District Attorney's staff will
provide the Berkeley Police Department with a written report of their
investigation, generally within 30 days of the incident.
4 - Shootings or incidents which result in injury or death, involving an on-duty or off-
duty Berkeley Police Department employee and which occur in another
jurisdiction, will be investigated by that jurisdiction.
(a) In all cases involving Officer Involved Shootings or serious injury incidents
by Berkeley Police Officers in another jurisdiction, a member of the Berkeley Homicide Detail will be contac ted by the Communications Center
to respond to the incident scene. He/she will coordinate and serve as a
liaison for our Department.
5 - The purpose of any criminal investigation conducted under this Order is to
determine if a crime occurred, and if so, to identify the person( s) responsible, the
degree of the crime, any legal or factual defenses to the crime, and the existence
of any factors which might mitigate or aggravate the punishment for the
violation(s) committed. The criminal investigation will be conducted as soon
as possible after the incident becomes known and will take precedence
over any administrative investigation that may be required by another
association policy statement or policy of another agency.
6 - An administrative investigation will be conducted concurrently with, but separate
from, any criminal investigation of a po lice-involved shooting, serious injury
incident or death conducted under this Order.
(a) The criminal investigation shall have priority.
7 - The purpose of the administrative investigation conducted under this Order is to
identify training deficiencies and to determine if there are any violations of policy
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BERKELEY POLICE DEPARTMENT
DATE ISSUED: January 18, 2005 GENERAL ORDER P-12
*Highlighted text is new.or procedures of the Berkeley Police Department, and if so, the identity of the
person(s) responsible for the violation(s).
DEFINITIONS
8- Serious Injury: A serious injury is an injury which if sustained could possibly
result in death or permanent disability.
9 - Types of incidents covered under this Order are defined as:
(a) Officer involved shootings, accidental or intentional, whether or not there is
injury or death.
(b