Policy Text
Policy
307Fremont Police Department
Officer-Involved Shootings and Deaths
307.1 PURPOSE AND SCOPE
The purpose of this policy is to establish policy and procedures for the investigation of an incident
in which a person is injured or dies as the result of an officer-involved shooting or dies as a result
of another action of an officer.
In other incidents not covered by this policy, the Chief of Police or designee may decide that the
investigation will follow the process provided in this policy.
307.2 POLICY
The policy of the Fremont Police Department is to ensure that officer-involved shootings and
deaths are investigated in a thorough, fair and impartial manner.
307.3 TYPES OF INVESTIGATIONS
Officer-involved shootings and deaths involve several separate investigations. The investigations
may include:
•A criminal investigation of the suspect's actions.
•A criminal investigation of the involved officer's actions.
•An administrative investigation as to policy compliance by involved officers.
307.4 CONTROL OF INVESTIGATIONS
Responsibility for the criminal investigation of incidents covered under this policy shall rest with the
Crimes Against Persons section of the Investigations Unit, with the assistance of any trained and/
or experienced investigators deemed necessary by the Special Operations Division Lieutenant.
(a)The investigative team shall, whenever possible, include at least one investigator,
past or present, who has completed a recognized officer-involved shooting course or
equivalent.
(b)The Special Operations Division Lieutenant will review incidents covered under this
policy to decide who will investigate.
(c)Incidents covered under this policy involving a traffic collision will be investigated
pursuant to the Traffic Collision Reporting policy (501).
(d)Generally, the Special Operations Division Lieutenant and/or the Crimes Against
Persons Sergeant shall provide direct on-scene support and assistance for the
Investigative Team.
(e)The Special Operations Division Lieutenant and/or the Crimes Against Persons
Sergeant will also monitor the investigation for compliance with laws, policy, and
procedure.
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Officer-Involved Shootings and Deaths
Jurisdiction is determined by the location of the shooting or death and the agency employing the
involved officer. The following scenarios outline the jurisdictional responsibilities for investigating
officer-involved shootings and deaths.
307.4.1 CRIMINAL INVESTIGATION OF SUSPECT ACTIONS
The investigation of any possible criminal conduct by the suspect is controlled by the agency in
whose jurisdiction the suspect’s crime occurred. For example, the Fremont Police Department
would control the investigation if the suspect’s crime occurred in Fremont.
If multiple crimes have been committed in multiple jurisdictions, identification of the agency that
will control the investigation may be reached in the same way as with any other crime. The
investigation may be conducted by the agency in control of the criminal investigation of the involved
officer, at the discretion of the Chief of Police and with concurrence from the other agency.
307.4.2 CRIMINAL INVESTIGATION OF OFFICER ACTIONS
The control of the criminal investigation into the involved officer's conduct during the incident will
be determined by the location of the incident. The following scenarios outline the jurisdictional
responsibilities for investigating incidents covered under this policy:
(a)Fremont Police Department officer(s) when the incident occurs in Fremont.
1.The Fremont Police Department will conduct the criminal investigation.
2.The District Attorney's Office may choose to conduct a parallel investigation.
(b)Outside agency officer(s) when the incident occurs in Fremont.
1.The Fremont Police Department will conduct the criminal investigation.
2.The District Attorney's Office may choose to conduct a parallel investigation.
(c)Fremont Police Department officer(s) in another jurisdiction.
1.The agency where the incident occurred has criminal jurisdiction and is
responsible for the criminal investigation of the incident per its policy. That
agency may relinquish its criminal investigation of the suspect(s) to another
agency.
307.4.3 ADMINISTRATIVE AND CIVIL INVESTIGATION
Regardless of where the incident occurs, the administrative investigation of each involved Fremont
officer is controlled by the Fremont Police Department in accordance with the Reportable Event/
Early Identification and Intervention System (EIIS) Policy (1014).
A Fremont Police Department investigator may parallel the investigation or act as a liaison if such
involvement is agreed to by the outside agency.
307.5 INVESTIGATION PROCESS
The following procedures are guidelines used in the investigation of an officer-involved shooting
or death.
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Officer-Involved Shootings and Deaths
307.5.1 UNINVOLVED OFFICER RESPONSIBILITIES
Upon arrival at the scene of an officer-involved shooting, the first uninvolved FPD officer will be
the officer-in-charge and will assume the responsibilities of a supervisor until properly relieved.
This officer should, as appropriate:
(a)Secure the scene and identify and eliminate hazards for all those involved.
(b)Take reasonable steps to obtain emergency medical attention for injured individuals.
(c)Request additional resources from the Department or other agencies.
(d)Coordinate a perimeter or pursuit of suspects.
(e)Check for injured persons and evacuate as needed.
(f)Brief the supervisor upon arrival.
307.5.2 SUPERVISOR RESPONSIBILITIES
Upon arrival at the scene, the first uninvolved FPD supervisor should ensure completion of the