126 USE OF FORCE REPORTING - Copy

POLICY 126.0USE OF FORCE - REPORTING, EVALUATION AND INVESTIGATION REVISED: 11/2011RELATED POLICIES: A.POLICY It is the policy of the El Portal Police Department that any use of force by Department members shall be accurately reported and subject to a thorough and objective evaluation. B.USE OF FORCE CLASSIFICATIONS 1.Class 1 - Intentional use of deadly force. This includes: a.intentionally discharging a firearm, regardless of intent, b.intentional use of baton, motor vehicle, fists or other weapon, which results in great bodily harm. 2.Class 2 - Intentional use of non-deadly force, which does or does not result in injury. This includes any use of baton, fists, chemical munitions or any other non-deadly force which does or does not result in injury. C.REPORTING METHOD The following procedure applies anytime force is used even if no arrest is made. 1.Class 1 - Intentional use of deadly force. In the event an officer intentionally uses deadly force, the following procedure shall be adhered to: a.The officer shall immediately summon and render first aid and notify a supervisor of such use of force. The notified supervisor will respond and take charge of the scene. b.Supervisor shall notify the following personnel: (1).Chief of Police c.The supervisor on the scene shall: (1).Ensure that necessary medical aid is provided to injured persons. Any Police Officer complaining of injury shall be sent to a medical facility for treatment as soon as possible and shall be accompanied by a member of the Department unless the officer declines treatment. Page 1 of 3 (2).Secure the scene. (3).Assign a member of the Department to: (a).maintain a log of persons entering or leaving the crime scene. Only persons having an investigative purpose shall enter the crime scene. Ideally, this should be limited to investigating and crime scene detectives. (b).detail the use of such force in an offense report and that a copy of the report is routed to Internal Affairs. (4).Attempt to detain any persons considered to be possible witnesses. If unable to detain witnesses, attempt to obtain personal and/or vehicle identification. d.The Chief of Police or his/her designee shall be in overall command of the investigation. e.Police Officer(s) involved in the actual use of deadly force shall keep custody of their weapon(s) until ordered to surrender them to a crime scene unit or Supervisor. Weapons shall not be unloaded or otherwise tampered with prior to their surrender. f.Police Officer(s) involved should not be questioned by any member of the Department unless the "Miranda Warning" has been given and waived. g.Police Officer(s) involved are to be removed from the scene as soon as possible at the direction of the Supervisor. h.Inquiries from non-police personnel, civilians, attorneys, or news media, shall be referred to the Chief of Police or his/her designee. i.Any Police Officer handling evidence, entering the scene or having or obtaining information relative to the investigation shall submit a police report forthwith. All reports will be delivered to the investigator. j.The investigator shall be responsible for conducting and coordinating the investigation. This investigator shall be responsible for submitting a final report via channels for review by the Chief of Police. The Chief of Police or his/her designee shall also be responsible for presenting the case to the State Attorney's Office for their review. k.The officer involved in the use of force shall be assigned to administrative (in-house) duties until a preliminary investigation is conducted. 2.Class 2 - Intentional use of non-deadly force which does or does not result in injury. 119.3 - Page 2 of 3 Whether or not there is visible injury or whether or not a subject complains of injury: a.The officer shall, if necessary, immediately summon and render first aid. The officer shall notify a supervisor of such force immediately after the occurrence. The supervisor shall respond to the scene or if the situation requires expediting the removal of the subject from the scene, the member and supervisor shall meet at a safe location as near the scene as practical where the supervisor shall examine the subject, review the circumstances and determine if further investigation is necessary. The supervisor shall ensure that necessary medical aid is provided to injured persons. The supervisor shall determine if photographs are necessary and if so, will assure that photographs are taken of all visible injuries and areas of complaint of injuries. The Department Member shall detail the use of such force in an offense report and route a copy of the report to Internal Affairs. b.The supervisor shall review the offense report assuring that the use of force is accurately detailed and assure that a copy of the report and any photographs are routed to the Chief of Police or his/her designee. c.Any Department Member on the scene at the time of the occurrence shall complete a supplement to the original offense report. D.USE OF FORCE REVIEW The Chief of Police or his/her designee shall review all reports of use of force, discharges of firearms and actions of members that result in or are alleged to result in injury or death to another to determine whether or not it is consistent with Department policies and professional law enforcement standards.. E.RECOMMENDATION