Police Department Policy

023 - DISCHARGE OF FIREARMS

Homestead Police Department

Policy Text
DISCHARGE OF FIREARMS EFFECTIVE DATE: 08/01/89 STANDARD NO. 023 REVISED: 02/02/22 REPLACES: SOP Post Shooting Policy 16-04.1-2 - Rev. 01/01/03; SOP Discharge of Firearms – Rev. 06/01/05; Rev. 02/19/14; Rev. 04/26/18 OBJECTIVE: To establish criteria for the investigation of incidents involving the discharge of firearms by employees of the Homestead Police Department (HPD). POLICY: It is the policy of the HPD that all police related discharges of firearms will be documented and investigated. A written report shall be submitted whenever an employee discharges a firearm for any reason other than training or recreational purposes. SCOPE: All employees of this Department shall be governed by the rules, regulations and procedures set forth below. I. PROCEDURES FOR HANDLING DISCHARGES OF FIREARMS WHERE INJURY OR DEATH DO NOT OCCUR: A. After a weapon is discharged by an officer, whether on or off duty (excluding weapons practice at an approved range, legal hunting, etc.), the following procedures shall be followed: 1. The employee firing the weapon will notify his/her respective supervisor immediately and the scene will be preserved. 2. Should it reasonably appear that the discharge may impose criminal liability upon the police officer, Miranda Warnings shall be given prior to any statements or reports being given or prepared by the subject officer(s) and all guarantees of the Law Enforcement Officers’ Bill of Rights shall apply. 3. The immediate supervisor shall respond, assume responsibility for the preservation of the scene, identify all police officers and civilian witnesses and notify the on-duty shift commander. The immediate supervisor will insure that each involved officer and witnesses are secured individually. 4. The on-duty shift commander will be responsible for notification to the Professional Compliance Bureau (PCB), along with the Chief of Police and his Command Staff. 5. PCB shall be responsible for the investigation. 6. PCB investigator, upon arrival at the scene, shall: a. Direct all subsequent facets of the investigation through the senior commanding officer on the scene or exercise direct staff authority when necessary. It may be necessary to exercise direct staff authority when a member of the command staff is involved in the discharge of a firearm. Discharge of Firearms – SOP# 023 b. Identify all officers and civilian witnesses. c. Ensure that the required crime scene activities, reports, diagrams, photographs, evidence collection, etc., are performed. d. Terminate scene activity at the completion of the on-scene investigations. NOTE: No officers shall be released from duties at the scene until authorized by PCB personnel. 7. The involved officer will not complete an Offense/Incident Report. The officer will be treated and interviewed as a witness/victim. 8. Before transferring from active duty, all Offense/Incident Reports, crime scene reports, and the immediate supervisor’s initial report shall be forwarded to PCB. All subsequent reports and recommendations shall be forwarded to PCB within 72 hours of the discharge of firearms incident. 9. PCB investigator, or designee, shall review all reports, interview all witnesses, interview the officer(s) involved, prepare a written summary of the investigation with findings of facts, and forward the summary to the Chief of Police. 10. The PCB investigative summary shall be submitted to the Chief of Police for review and recommendation. 11. Confidentiality of the investigation shall be maintained in accordance with state law. 12. An officer relieved of his/her firearm, shall be immediately provided with a loaded replacement, unless charges are imminent. It is the policy of HPD that any police officer involved in any duty-related shooting or discharge of firearm shall be presumed to have acted correctly and shall be treated with the dignity, decorum and respect accorded a professional law enforcement officer.

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