Policy Text
CATEGORY DATE ADOPTED LAST REVIEW
1 01/24/2011 08/01 /2020
TUSTIN POLICE DEPARTMENT GENERAL ORDERS
____________________ _________ _
310 - Officer -Involved Shooting s and Death s 1
POLICY 310 OFFICER -INVOLVED SHOOTING S AND DEATHS
310.1 PURPOSE AND SCOPE
To establish policy and procedures for the investigation of an incident in which a person is injured
or dies as the result of a police shooting or other action of an officer . The intent of this policy is to
ensure that such incidents be investigated in a fair and impartial manner.
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.
310.1.1 ACCREDITATION STANDARDS
This section pertains to the following CALEA Standards: 1.3.5, 1.3.6, 1.3.8, 4.2.3 , 11.3.4 , 22.2.1,
22.2.3, 41.2.4 , 52.2.7
310.2 INVESTIGATION RESPONSIBILITY
This departme nt conforms to the Orange County Chiefs ’ of Police and Sheriff’s Association
protocol for investigating officer -involved shootings. (See protocol attached as addendum to this
policy.)
310.3 TYPES OF INVESTIGATIONS
Officer -involved shootings and deaths 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 Chief of Police , or a Bureau Commander;
b) A criminal investigation of the involved officer(s) conducted by an outside agency;
c) An administrative investigation conducted by the involved o fficer’s agency, to determine if
there were any violations of department policy ;
d) A civil investigation to determine potential liability.
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 shootings:
CATEGORY DATE ADOPTED LAST REVIEW
1 01/24/2011 08/01 /2020
TUSTIN POLICE DEPARTMENT GENERAL ORDERS
____________________ _________ _
310 - Officer -Involved Shooting s and Death s 2
310.4.1 TUSTIN POLICE DEPARTMENT OFFICER WITHIN THIS JURISDICTION
The investigation of any possible criminal conduct by the susp ect is controlled by the agency in
whose jurisdiction the suspect’s crime occurred. For example, the Tustin Police Department
would control the investigation if the suspect’s crime occurred in Tustin.
If multiple crimes have been committed in multiple jur isdictions, 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 d iscretion of the Chief of Police and with concurrence from the other
agency.
310.4.2 ALLIED AGENCY’S OFFICER WITHIN THIS JURISDICTION
The control of the criminal investigation into the involved officer’s conduct during the incident will
be determined by the employing agency’s protocol. When an officer from this department is
involved, the criminal investigation will be handled according to the Criminal Investigation section
of this policy.
Requests made of this department to investigate a shooting or de ath involving an outside
agency’s officer shall be referred to the Chief of Police or the authorized designee for approval.
310.4.3 TUSTIN POLICE DEPARTMENT OFFICER 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 Tustin Police Department will conduct timely civil and/or
administrative investigations.
Rega rdless of where the incident occurs, the administrative and civil investigation of each
involved officer is controlled by the respective employing agency.
310.4.4 INVESTIGATION RESPONSIBILITY MATRIX
The following table indentifies the possible scenarios and responsibilities for the investigation of
officer -involved shootings:
Criminal
Investigation
of Suspect(s) Criminal
Investigation
of Officer(s) Civil
Investigation Administrative
Investigation
TPD Officer in
This Jurisdiction TPD
Investigators District
Attorney’s Office TPD Civil Liability
Team* TPD
Professional
Standards
Division
Allied Agency’s
Officer in This
Jurisdiction TPD
Investigators District
Attorney’s Office Involved Officer’s
Department Involved
Officer’s
Department
CATEGORY DATE ADOPTED LAST REVIEW
1 01/24/2011 08/01 /2020
TUSTIN POLICE DEPARTMENT GENERAL ORDERS
____________________ _________ _
310 - Officer -Involved Shooting s and Death s 3
TPD Officer
In Anot her
Jurisdiction Agency where
Incident
occurred Decision made
By agency
Where incident
occurred TPD Civil Liability
Team* TPD
Professional
Standards
Division
* TPD Civil Liability Team consists