Policy Text
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DEPARTMENTAL GENERAL ORDER
M-04.1: Criminal Investigation of Department Members and
Outside Sworn Law Enforcement Personnel
Effective Date: 30 NOV 23 Coordinator: Criminal Investigation Division
The purpose of this policy is to mandate a nd set guidelines and re quirements for reporting
criminal misconduct involving Department me mbers and outside sworn law enforcement
personnel as well as conducting and coordi nating criminal investigations involving
members of the Oakla nd Police Department.
COMMAND INTENT
It is the policy of the Oakla nd Police Department to inves tigate allegations of criminal
activity involving members of the Departme nt and sworn law en forcement personnel
employed by outside agencies. For criminal misconduct that occurred in the City of
Oakland, the Oakland Police Department shall investigate and prepar e criminal cases for
appropriate clearance or submission to a pr osecutor. Additionally, the Department shall
ensure that personnel are held accountable thr ough an investigative pr ocess that is fair,
timely, and thorough.
A. DEFINITIONS
A - 1. Member
As provided in Policy 103, a member is any person employed or appointed by
the Oakland Police Department, including full-time officers, reserve officers,
professional staff, and volunteers.
A - 2. Reasonable Suspicion
From the totality of the circumstances, there is a specific, articulable, and
objective basis for suspecting criminal ac tivity. There must be specific facts
beyond the mere allegation of criminal misconduct.
B. NOTIFICATION REQUIREMENTS
B - 1. Notification Requirements of All Members
Notifications shall be made whether on-duty or off-duty. When any member
other than the Chief of Police1 has reasonable suspici on that any member of
the Department is involved in a felony or misdemeanor, they shall, as soon as
practical, and in all cases within 24 hour s, make the followi ng notifications
via phone or email as specified in the following sections.
1 The Chief of Police may become aware of criminal misconduct committed by a member of the Oakland
Police Department executive team (which includ es the BOI Deputy Chief and IAD Commander), CID
Commander, or other Department member that may require alternate avenues of reporting and/or
investigation (e.g., directly to the District Attorney) to ensure the integrity of the investigation. The timeline
requirement, however, still applies.
DEPARTMENTAL GENERAL ORDER
OAKLAND POLICE DEPARTMENT M-04.1 Effective Date
30 NOV 23
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B-2. Members Assigned to the Internal Affairs Division
Members assigned to the Internal Affa irs Division (IAD) shall contact the
IAD Commander. If the IAD Commande r cannot be reached, the member
shall contact an IAD Lieutenant.
B-3. Members Assigned to the Cr iminal Investigation Division
Members assigned to Criminal Investiga tion Division (CID) shall contact the
CID Commander. If the CID Commander cannot be reached, the member shall contact the Bureau of I nvestigations (BOI) Deputy Chief.
B-4. All Other Members
All other members shall contact an on-duty Watch Commander. If an on-duty
Watch Commander cannot be reach ed by phone, the Communications
Division Supervisor shall be called at 510-777-8801 to request a return call
from an on-duty Watch Commander.
Exemption: If notifications to the CID and IAD Commanders have already
been completed by the member (i.e., Lieutenant, Captain, and/or Deputy
Chief made the notification), the me mber is exempted from the Watch
Commander notification requirement.
B-5. Misconduct Allegations Not Rising to the Level of Criminal Misconduct
Allegations not rising to the level of reasonable suspicion of criminal
misconduct shall be reported to IAD and administratively investigated in
accordance with Departmental General Order (DGO) M-03.
C. INITIAL RESPONSIBILITES OF NOTIFIED PERSONNEL
C - 1. Watch Commander Responsibilities
Upon awareness that any member of the Department is allegedly involved in
criminal misconduct, the Watch Comma nder shall attempt to determine the
identity of the member and the jurisdic tion of the alleged criminal misconduct.
The Watch Commander shall provide such information to the CID Commander:
1. Determine the identity of the member;
2. Obtain details of the alleged criminal misconduct;
Do not interview the subject or witness members.
Avoid engaging in conversations wi th subject members that could
pose potential violations of their protected rights.
DEPARTMENTAL GENERAL ORDER
OAKLAND POLICE DEPARTMENT M-04.1 Effective Date
30 NOV 23
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Do not take overt action that coul d interfere with, or undermine the
integrity of, the investigation.
3. Determine jurisdiction of the alleged criminal misconduct;
4. Contact Communications Division to make confidential and non-specific
entry onto the IAD Daily Incident Log which includes obtaining an IAD
Computer Aided Dispatch (CAD) incident number;
5. Provide all obtained information vi a phone and email to the CID and IAD
Commander;
6. Maintain a strict conf identiality at all times.2
C - 2. IAD Commander and Lieutenant Responsibilities
Upon awareness that any member of the Department is allegedly involved in
criminal misconduct, the IAD Commander or IAD Lieutenant shall attempt to
determine the identity of the member and the jurisdiction of the alleged
criminal misconduct. The IAD Commander or IAD Lieutenant shall ensure the information is shared with the CID Commander and shall maintain strict confidentiality at