Basic strategy for the initial response to an Officer-Involved Incident
The role of the criminal investigator
- Impartial and fair
- Parallels a homicide investigation
- Patience vs. efficiency
- Expect obstacles/implement workarounds
- The hazards of role deviation
- Internal Affairs, City Attorney, District Attorney, non-essential interested parties
Recurring themes in OII investigations
- Vehicles
- Suspect fleeing
- Vehicle as weapon
- Unarmed suspect
- Drug overdose
- Taser death
- Suspect on crime spree
- County and agency protocols
- Role of each agency/clear expectations
Strategy for critical/sensitive incidents
- Unit Commander: Liaison upward
- Lead Investigator(s): Liaison downward
- Define scope of incident
- Assess and allocate resources
- Scene/evidence
- Involved officers
- Witness officers
- Civilian witnesses
- Establish expectations
- Checks, balances, safeguards
- Reassess frequently
Case Study Exercise/Activity
- Introduce sample OIS Scenario
- Break into groups of 4-5 students
- Assess initial investigative steps
Crime scene assessment, security, and processing
- Basic crime scene strategy
- Inner/outer perimeter—limit tourism
- Crime scene logs
- Photos
- Evidence management
- Scene briefing
- Before scene entry
- Initial briefing
- Directed by lead CSU investigator
- Witness canvass and triage/video canvass
- Evidence collection primer
- GSR
- Blood, tissues, fluids, fibers, DNA
- Search
- Deployment briefing
Case Study Exercise/Activity
- Return to sample OIS Scenario
- Break into groups of 4-5 students b. Assess crime scene steps
Logistics and optimal workflow within the investigative unit
- Logistics
- Involved officer(s) sequestered
- Attorney
- POA
- Photos and equipment collection
- Witness officers and report writing
- Supervisor and investigator review
- Meals, rest, equipment, computers
- Location identification
- Briefings
Case Study Exercise/Activity
- Return to sample OIS Scenario
- Break into groups of 4-5 students
- Assess logistical steps/briefing components
Interview and Interrogation
- Legal Primer
- Interview vs. Interrogation
- Miranda vs. Beheler
- Documentation
- Recording
- Notes
- Reports
- Professional considerations
- Officers vs. civilians
- Attorneys
- Outside agencies
- Involved personnel
- Lead interviewer/Support interviewer
- Oppose additional observers
- Civilian witnesses
- Interview sheets
- Cooperation
- Sworn witnesses
- Attorney representation
- Reports favored over interview
- Involved officer(s)
- Interview venue
- Pre-interview contact
- Suspect interviews
Study Exercise/Activity
- Return to sample OIS Scenario
- Break into groups of 4-5 students
- Assess Interview & Interrogation components
Investigative resources and special considerations
- Warrants
- Ramey
- Arrest
- Search
- Preservation of evidence
- Freeze
- Preservation letters
- LE databases
- CAD/Internal contact databases
- Criminal histories
- Offline search
- WSIN
- LPR
- Public databases
- Investigator mindset
Prosecution and Government Attorney Review
- The role of the District Attorney
- Criminal liability
- Prosecution
- Check and balance
- Public trust
- Grand Jury vs. DA Review
- DA Presentation
- City Attorney/County Counsel/Government Attorney
- Civil liability
- Right to discovery
- Parallel investigation
Aftermath and Agency Debriefing
- Investigative debriefs
- Command staff debriefs
- Department wide debriefs
- Debriefs may be discoverable
Case Study Exercise/Activity
- Return to sample OIS Scenario
- Break into groups of 4-5 students
- Assess aftermath and final debriefs
