Policy Text
Policy
310Mountain View Police Department
Mountain View PD Policy Manual
Copyright Lexipol, LLC 2019/12/16, All Rights Reserved.
Published with permission by Mountain View Police
DepartmentOfficer-Involved Deadly Force - 1Officer-Involved Deadly Force
310.1 PURPOSE AND SCOPE
The intent of this policy is to establish policy and procedures for the investigation of an incident
in which a person is injured as the result of a police shooting and to ensure that such incidents
be investigated in a fair and impartial manner.
310.2 INVESTIGATION RESPONSIBILITY
This department conforms to the Santa Clara County Police Chief's Association Officer Involved
Incident Guidelines.
Nothing in this policy is intended to increase, modify, or in any way affect the current legal
standards nor shall any deviation from these guidelines be considered a breach of any legal
standard.
310.3 TYPES OF INVESTIGATIONS
Officer-involved shootings involve several separate investigations. The investigations may
include:
(a)A criminal investigation of the incident by the agency having jurisdiction where the
incident occurred. This department may relinquish its criminal investigation to an
outside agency with the approval of the Police Chief or a Captain
(b)A criminal investigation of the involved officer(s) conducted by an outside agency
(c)A civil investigation to determine potential liability conducted by the involved officer's
agency
(d)An administrative investigation conducted by the involved officer's agency, to
determine if there were any violations of department policy
310.4 JURISDICTION
Jurisdiction is determined by the location of the shooting and the agency employing the involved
officer(s). The following scenarios outline the jurisdictional responsibilities for investigating officer-
involved use of deadly force:
310.4.1 MOUNTAIN VIEW POLICE DEPARTMENT OFFICER_DEPUTY WITHIN THIS
JURISDICTION
The Mountain View Police Department is responsible for the criminal investigation of the suspect's
and officer's actions, the civil investigation, and the administrative investigation. Independent
oversight of the criminal investigation of the officer-involved use of deadly force will be conducted
by the District Attorney's Office.
Mountain View Police Department
Mountain View PD Policy Manual
Officer-Involved Deadly Force
Copyright Lexipol, LLC 2019/12/16, All Rights Reserved.
Published with permission by Mountain View Police
DepartmentOfficer-Involved Deadly Force - 2310.4.2 ALLIED AGENCY'S OFFICER WITHIN THIS JURISDICTION
The Mountain View Police Department is responsible for the criminal investigation of the suspect's
and officer's actions. Independent oversight of the criminal investigation of the officer involved use
of deadly force will be conducted by the District Attorney's Office. The officer's employing agency
will be responsible for any civil and/or administrative investigation(s).
310.4.3 MOUNTAIN VIEW POLICE DEPARTMENT OFFICER_DEPUTY IN ANOTHER
JURISDICTION
The agency where the incident occurred has criminal jurisdiction and is responsible for the
criminal investigation of the incident. That agency may relinquish its criminal investigation of the
suspect(s) to another agency. The Mountain View Police Department will conduct timely civil and/
or administrative investigations.
310.4.4 INVESTIGATION RESPONSIBILITY MATRIX
The following table identifies the possible scenarios and responsibilities for the investigation of
officer-involved use of deadly force:
Criminal
Investigation
of Suspect(s)Criminal
Investigation
of Officer(s)Administrative
Investigation
Mountain View
Officer in the CityMountain View
DetectivesMountain View
DetectivesMountain View
Professional
Standards Unit
Another Agency's
Officer in The City
of Mountain ViewMountain View
DetectivesMountain View
DetectivesInvolved
Officer's Agency
Mountain View
Officer in Another
JurisdictionAgency where
incident occurredDecision made
by agency where
incident occurredMountain View
Professional
Standards Unit
310.5 THE INVESTIGATION PROCESS
The following procedures are guidelines used in the investigation of an officer-involved use of
deadly force.
310.5.1 DUTIES OF INITIAL ON SCENE SUPERVISOR
Upon arrival at the scene of an officer-involved use of deadly force, the first uninvolved supervisor
should:
(a)Take all reasonable steps to obtain emergency medical attention for all apparently
injured individuals.
(b)Attempt to obtain a brief overview of the situation from any officer(s) not involved in
the use of deadly force
1.In the event that there are no non-involved officers, the supervisor should
attempt to obtain a brief voluntary overview from one involved officer.
Mountain View Police Department
Mountain View PD Policy Manual
Officer-Involved Deadly Force
Copyright Lexipol, LLC 2019/12/16, All Rights Reserved.
Published with permission by Mountain View Police
DepartmentOfficer-Involved Deadly Force - 3(c)If necessary, the supervisor may administratively order any officer from this
department to immediately provide public safetyinformation necessary to secure the
scene and pursue suspects.
1.Public safety information shall be limited to such things as outstanding suspect
information, number and direction of shots fired, parameters of the incident
scene, identity of known witnesses and similar information.
(d)Absent a voluntary statement from any officer(s), the initial on scene supervisor should
not attempt to order any officer to provide other than public safety information.
(e)Provide all available information to the Watch Commander and Communications. (If
feasible, sensitive information should be communicated over secure networks).
(f)Take command of and secure the incident scene with additional personnel until
relieved by a detective supervisor or other assigned personnel.
(g)As soon as