13 MPD Lexipol Policy_Officer Involved Incidents

Policy 303Milpitas Police Department Milpitas PD CA Policy Manual Copyright Lexipol, LLC 2020/11/24, All Rights Reserved. Published with permission by Milpitas Police DepartmentOfficer Involved Incidents - 56Officer Involved Incidents 303.1 FOREWARD Investigations of Officer Involved Incidents are frequently more complex and demanding than other incidents which do not involve peace officers or custodial officers. Applicable administrativeand criminal statutory and case law is complex and often contradictory. The collection of evidenceand its analysis is at issue long after the incident. Questions arise about the propriety of a lawenforcement agency conducting an investigation wherein one of its own officers is involved.Public and news media attention is intense. The potential social, civil, administrative and criminalconsequences of Officer Involved Incidents are profound and affect many parties. If adequatesafeguards are not delineated in advance, the publics' "right to know" may well conflict with theprogress of the investigation and the "right to a fair trial". When several agencies are involved,differences in policy, procedure, personnel, resources and interests may conflict and hamper theinvestigative process. As a result of these factors, these guidelines have been developed to aidindividual agencies with investigations of Officer Involved Incidents. The goal of these guidelinesis to help assure that such cases are fully and fairly investigated and the proper dispositions ofsuch cases are made based upon all the legally available, relevant evidence. While this documentrepresents the consensus of member agencies as to how such cases are to be investigated, theguidelines permit individual agencies to make modifications in order to meet individual agencyregulations, and are not intended to increase the civil or criminal liability of member agencies ortheir employees and shall not be construed to create any mandatory obligations to, or on behalfof, third parties. Agencies represented should review their related policies and make every effortto modify them to avoid conflict with these guidelines. Each agency's individual policy may beattached to these guidelines. These guidelines were adopted by the Santa Clara County Police Chief's Association, on July 11, 2002. 303.2 GENERAL POLICY STATEMENT Investigations of Officer Involved Incidents will be performed to develop all available relevant information about the Incident. They will be performed in a manner that provides for a thoroughand creditable investigation that is free of conflicts of interest. Such investigations are designated"Incident Investigations", the goals of which are to determine: (a) The identity of the person(s) responsible; and(b) The existence or non existence of a crime; if a crime does exist, determine: 1. The degree of the crime.2. Any legal or factual defenses to the crime.3. The existence of any factors which would mitigate or aggravate punishment for the criminal conduct. Milpitas Police Department Milpitas PD CA Policy Manual Officer Involved Incidents Copyright Lexipol, LLC 2020/11/24, All Rights Reserved. Published with permission by Milpitas Police DepartmentOfficer Involved Incidents - 57The investigations shall be performed in a manner consistent with the rules of admissibility of evidence in a criminal hearing. Any administrative investigation shall be separate and distinctlydifferent from the Incident Investigation. The investigation of each Incident will commence as promptly as practicable after the occurrence. 303.3 DEFINITIONS "Officer Involved Incident" For the purpose of these guidelines, an "Officer-Involved Incident" is any incident in which a peace officer or custodial officer, acting under color of authority, is directly involved where death, theserious likelihood of death, or injury results. Such incidents include but are not limited to: (a) Intentional shootings.(b) Intentional use of any other deadly or dangerous weapons which proximately causes death of another or injury likely to produce death. (c) Intentional act on the part of an officer which proximately causes death of another or injury likely to produce death. (d) Death of person while in custody, or under peace officer or custodial officer control.(e) Accidental discharge of firearm on part of an officer which proximately causes death or injury of another. "Peace Officer" and "Custodial Officer" (a) Local law enforcement officers defined by Penal Code, § 830.1 et seq. (e.g., Municipal Police, Sheriff, D.A. Investigators, Coroner Investigators, and Probation Officers). (b) Custodial Officers defined by Penal Code, § 831.5 (e.g., DOC Correctional Officers).(c) State Officers, (e.g., CHP, DOJ, University Police, Parole Officers).(d) Federal Agents, (e.g., FBI, ATF, U.S. Marshall, Customs, Border Patrol). "Primary Agency" The agency, or agencies, with geographic jurisdiction over the incident."Employing Agency" The agency which employs the involved officer."Officer Involved" (a) Officer whose act may be a "proximate cause" of the injury to another person; or(b) Officer who may intend that his/her act be a "proximate cause" of the injury to another person. "Proximate Cause" Milpitas Police Department Milpitas PD CA Policy Manual Officer Involved Incidents Copyright Lexipol, LLC 2020/11/24, All Rights Reserved. Published with permission by Milpitas Police DepartmentOfficer Involved Incidents - 58A cause which, in a natural and continuous sequence, produces the injury, and without which the injury would not have occurred. "Incident Investigators" The persons assigned by the Primary Agency(cies) and the District Attorney's Office to conduct the Incident