What if your departments procedures when it comes to an officer involved shooting, especially a fatality? Are you read your rights and do you have a lawyer or union representative meet with Internal Affairs?
What if your departments procedures when it comes to an officer involved shooting, especially a fatality? Are you read your rights and do you have a lawyer or union representative meet with Internal Affairs?
The only time you are read your rights is if there might be a problem. In my department, you are on the scene for a few hours going over your story with my union rep, the detectives and the deputy chief. You then go to the area (where the detective offices are). You are working hand in hand with your union rep as he writes out disclaimers, a tactical response report (report that tells what kind of force you used), and basically watches your back. After this is all done you have what is called a round table. You are put in the middle of a few of your bosses, the states attorney, OPS (our civilian review panel), and your union rep. You go over your story and they decide whether the shooting was justified. I also forgot that they take your gun from you during this process. If it was a good shoot, they take you to headquarters to get a new gun while yours is being tested. My process took about 11 hours after the original shooting. Sort of sucks after what you've just been through but I guess that is life.
All of our police shootings where a person is shot at (whether or not anyone is hit) is handled by our homicide unit.
We are compelled to answer questions and Garrity becomes an issue. We have the right to refuse to talk about the incident in a criminal setting, but we are obligated to discuss it as part of the dept. investigation.
We have an option to have anyone present we want.....union rep., attorney, supv, spouse....whatever. It is your show.
If there is a fatality, the dept. attorney shows up. Not only to look out for you, but the dept. The dept. has the deep pockets.
Our homicide unit is excellent at handling these and we assist or are asked to take over all of the surrounding agencies.
My agency alone has between 20-30 per year.
Attended by Homicide squad who are detailed the investigation.
May have, not guarenteed, a Union rep and a Union appointed solicitor to look after your interests.
The Criminal Misconduct Commission (external watch dog) will attend and oversee the investigation. They tend to swing towards the departments side of things but we have had no issues with them so far in relation to their findings at shootings. The CMC guys aren't high on our list of people to trust if you get my meaning....
Can ask questions after being 'cautioned' about criminal investigation (Manslaughter / murder etc). We can refuse to answer.
Then switches to a disciplinary investiagtion and 'compelled' to answer questions. These answers cannot be used in a criminal proceeding as they are answered under 'duress'.
The we go into support mode with suppport officers etc.
Greg6099
Never hold a dustbuster and a cat at the same time!
Homicide shows up, the shift commander, the union rep, the police lawyer, the technician... you name it, they are there.