use of deadly force: training and policies pursuant …use of deadly force: training and policies...

Use of Deadly Force: Training and Policies Pursuant to Senate Bill No. 230

1. A requirement that officers utilize de-escalation techniques, crisis intervention tactics, and other alternatives to force when feasible. Department Manual Volume 1/556.10 – Policy on Use of Force (Revised) Use of Force Directive – Tactical De-escalation Training Bulletin – Tactical Disengagement

2. A requirement that an officer may only use a level of force that they reasonably believe is proportional to the seriousness of the suspected offense of the reasonably perceived level of actual or threatened resistance. Department Manual Volume 1/556.10 – Policy on Use of Force (Revised)

3. A requirement that officers report potential excessive force to a superior officer when present and observing another officer using force that the officer believes to be beyond that which is necessary, as determined by an objectively reasonable officer under the circumstances based upon the totality of information actually known to the officer. Department Manual Volume 1/556.10 – Policy on Use of Force (Revised)

4. Clear and specific guidelines regarding situations in which officers may or may not draw a firearm or point a firearm at a person Department Manual Volume 1/556.10 – Policy on Use of Force (Revised)

5. A requirement that officers consider their surroundings and potential risks to bystanders, to the extent reasonable under the circumstances, before discharging a firearm. Department Manual Volume 1/556.10 – Policy on Use of Force (Revised)

6. Procedures for the filing, investigation, and reporting of citizen complaints regarding use of force incidents. Department Manual Volume 3/406.30 – California Public Records Act (Revised)

7. Procedures for the filing, investigation, and reporting of citizen complaints regarding use of force incidents. Department Manual Volume 3/810 – 834 Complaints Guidelines for Accepting Public Complaints

8. A requirement that an officer intercede when present and observing another officer using force that is clearly beyond that which is necessary, as determined by an objectively reasonable officer under the circumstances, taking into account the possibility that other officers may have additional information regarding the threat posed by a subject. Department Manual Volume 1/210.46 – Employees Duty to Report Misconduct Department Manual Volume 1/556.10 – Policy on Use of Force (Revised) California Police Officer Standards and Training – Learning Domain 20

9. Comprehensive and specific guidelines regarding approved methods and devices available for the application of force. BolaWrap Remote Restraint Device – Pilot Program Use of Force Tactical Directive – Hobble Restraint Device Use of Force Tactical Directive – Electronic Control Device TASER Use of Force Tactical Directive – 40mm Less-Lethal Launcher Use of Force Tactical Directive – Baton Use of Force Tactical Directive – Oleoresin Capsicum Use of Force Tactical Directive – Beanbag Shotgun Training Bulletin – Weapons Other Than Firearms

10. An explicitly stated requirement that officers carry out duties, including use of force, in a manner that is fair and unbiased. Department Manual Volume 1/340-345 – Equality of Enforcement and Policy Prohibiting Biased Policing Department Manual Volume 1/556.10 – Policy on Use of Force (Revised)

11. Comprehensive and specific guidelines for the application of deadly force. Department Manual Volume 1/556.10 – Policy on Use of Force (Revised)

12. Comprehensive and detailed requirements for prompt internal reporting and notification regarding a use of force incident, including reporting use of force incidents to the Department of Justice in compliance with Section 12525.2. Department Manual Volume 3/794 – Investigative Responsibilities of Officer Involved Shootings, Custodial and In-Custody Deaths, and Use of Force Incidents Resulting in Injury. Department Manual Volume 4/245.05 – Categories and Investigative Responsibilities for Use of Force Department Manual Volume 4/245/10 – Reporting a Non-Categorical Use of Force Incident Department Manual Volume 4/245.30 – Reporting Uses of Force to the Department of Justice (New)

13. The role of supervisors in the review of use of force applications. Department Manual Volume 4/245.10 – Reporting a Non-Categorical Use of Force Incident

14. A requirement that officers promptly provide, if properly trained, or otherwise promptly procure medical assistance for person injured in a use of force incident, when reasonable and safe to do so. Training Bulletin – Rendering Medical Aid (Revised)

15. Training standards and requirements relating to demonstrated knowledge and understanding of the law enforcement agency’s use of force policy by officers, investigators, and supervisors.

16. Training and guidelines regarding vulnerable populations, including, but not limited to, children, elderly persons, people who are pregnant, and people with physical, mental, and developmental disabilities.

17. Comprehensive and specific guidelines under which the discharge of a firearm at or from

a moving vehicle may or may not be permitted. Department Manual Volume 1/556.10 – Policy on Use of Force (Revised)

18. Factors for evaluating and reviewing all use of force incidents. Department Manual Volume 2/092.50- Use of Force Review Board Responsibilities Department Manual Volume 3/792 – Adjudication of Categorical use of Force Incidents Department Manual Volume 3/793 – Adjudication of Non-Categorical Use of Force Incidents

19. Minimum training and course titles required to meet the objectives in the use of force policy.

20. A requirement for the regular review and updating of the policy to reflect developing practices and procedures. Department Manual Volume 2/093.96 – Tactics Training Review Committee (Revised)

245.30 REPORTING USES OF FORCE TO THE DEPARTMENT OF JUSTICE. Pursuant

to California Government Code Section 12525.2, the Application Development and Support

Division, in coordination with Force Investigation Division, Critical Incident Review Division,

and Robbery Homicide Division, shall annually furnish to the Department of Justice all

instances when a sworn Department employee is involved in any of the following:

• An incident involving the shooting of a civilian by a peace officer;

• An incident involving the shooting of a peace officer by a civilian;

• An incident in which the use of force by a peace officer against a civilian results in

serious bodily injury or death; and,

• An incident in which use of force by a civilian against a peace officer results in serious

bodily injury or death.

Note: For purposes of this section, serious bodily injury means a bodily injury that involves a

substantial risk of death, unconsciousness, protracted and obvious disfigurement, or

protracted loss or impairment of the function of a bodily member or organ.

For each incident reported to the Department of Justice, the Department shall include, but not

be limited to the following information:

• The gender, race, and age of each individual who was shot, injured, or killed;

• The date, time, and location of the incident;

• Whether the civilian was armed, and, if so, the type of weapon;

• The type of force used against the officer, the civilian, or both, including the types of

weapons used;

• The number of officers involved in the incident;

• The number of civilians involved in the incident; and,

• A brief description regarding the circumstances surrounding the incident, which may

include the nature of injuries to officers and civilians and perceptions on behavior or

mental disorders.

406.30 CALIFORNIA PUBLIC RECORDS ACT. The Department is committed to

upholding the right of the public to access records and information concerning the conduct of the

people's business consistent with the Constitution of the State of California, 832.7 of the

California Penal Code (PC), and the California Public Records Act (CPRA). The Department

recognizes its obligation to comply with 832.7 PC and the CPRA, to facilitate public records

access, and to promote a culture of transparency and accountability. Pursuant to the CPRA,

Government Code Sections 6250 - 6257, all Department records are public records and shall be

disclosed to the public, upon request, unless there is a specific legal basis not to do so. The

CPRA contains exemptions from disclosure and there are additional laws outside the CPRA that

create exemptions from disclosure. The CPRA requires that, within 10 calendar days from

receiving a request, the Department notify the requestor in writing whether the Department is in

possession of the requested public records and any exemptions asserted by the Department.

When unusual circumstances exist, as defined by the CPRA, the Department may extend the

time to respond by an additional 14 calendar days. The Department must then promptly provide

the requestor access to or copies of the responsive and non-exempt records.

Method of Accepting Requests. The Department accepts CPRA requests in person, by phone,

in writing, or online at lapdonline.org.

Responsibilities of the California Public Records Act Unit. The CPRA Unit, Discovery

Section, Legal Affairs Division, has primary responsibility for accepting, processing, and

responding to CPRA requests for the Department. The CPRA Unit shall log, process, and

respond to every public record request it receives, in accordance with the CPRA.

The CPRA Unit employees shall assist requestors by helping to identify records and information

applicable to the request, describing the information technology and physical location in which

the records exist, and providing suggestions for expediting the production of records.

Responsibilities of Department Employees. The duties of Department employees in response

to a request for assistance from the CPRA Unit include, but are not limited to:

• Reviewing and responding to a request for assistance from the CPRA Unit;

• Describing categories of potentially applicable documents and identifying locations

where responsive documents may be located within the unit for which the Department

employee is responsible;

• Identifying other Department employees with knowledge of possible responsive

documents and/or their locations;

• Searching for requested documents; and,

• Reviewing documents and assisting the CPRA Unit to identify information that requires

withholding and/or redaction.

A Department employee responding to a request for records from the CPRA Unit shall provide

all requested records to the CPRA Unit. If a Department employee believes that some or all the

information in a record is protected from public disclosure, they should provide the record to the

CPRA Unit and recommend to the CPRA Unit what information should be withheld and why. If

for any reason a Department employee cannot respond to a request for assistance from the CPRA

Unit within the time requested by the CPRA Unit, the employee shall not the CPRA Unit

promptly that he or she cannot comply with the request.

Any Department employee not assigned to the CPRA Unit who receives a public records request

from a member of the public shall promptly notify his or her supervisor of the request.

Responsibilities of Department Supervisors. A supervisor who receives a public records

request, shall attempt to determine if the requested records are readily available for public

release. Many frequently requested Department records are readily available online at

lapdonline.org or from other Department resources. It is not necessary to refer such requests to

the CPRA Unit. If the requested records are readily available for public release, the supervisor

shall provide the records to the requestor. Supervisors may call the CPRA Unit for advice

regarding such requests. If the requested records are not readily available for public release, or if

the requestor is not satisfied by the records provided, the requestor should be advised to submit a

CPRA request to the CPRA Unit. The supervisor may also accept the request, and forward it to

the CPRA Unit no more than one calendar day after receipt of the request.

Employee Accountability. Any Department employee may be assigned to assist in the work of

responding to a public records request and/or preparing records for disclosure. A Department

employee who willfully withholds Department records or information relating to a CPRA request

or willfully violates any other obligation under this policy may be subject to discipline.

210.46 EMPLOYEE'S DUTY TO REPORT MISCONDUCT. The reporting of misconduct and prevention of the escalation of misconduct are areas that demand an employee to exercise courage, integrity, and decisiveness. Department Manual Section 3/813.05 requires that when an employee, at any level, becomes aware of possible misconduct by another member of this Department, the employee shall immediately report the incident to a supervisor or directly to Internal Affairs Group. Furthermore, an employee who observes serious misconduct shall take appropriate action to cause the misconduct to immediately cease. The fact that a supervisor is present and not taking appropriate action to stop the misconduct does not relieve other employees present from this obligation.

An employee's obligation to report and prevent misconduct begins the moment the employee becomes a member of the Los Angeles Police Department. Police officers, because of their status as peace officers, have an even greater responsibility to report and prevent misconduct. Experience, rank, or tenure are not factors in knowing the difference between right and wrong, and they do not provide an excuse for failing to take appropriate action. Although supervisors are responsible for investigating allegations of misconduct, all Department employees are responsible for preventing and reporting misconduct.

The citizens of Los Angeles expect and deserve employees who possess a high degree of integrity. Any employee who is perceived, justifiably or not, to be condoning or concealing misconduct impairs the trust of the public. Employees must respect and be aware of their responsibility to freely and truthfully report all acts of misconduct and to act, if necessary, to prevent the escalation of those acts. This is essential if the Department is to maintain the trust of the public.

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810. COMPLAINTS.

810.01 COMPLAINT - DEFINED. The definition of a complaint includes any public complaint, anonymous or third person, regarding Department service, policy or procedure, claims for damages, or employee misconduct, regardless of whether the complaint alleges misconduct as defined by Manual Section 3/805.25, and any complaint of misconduct initiated by a Department employee.

810.05 COMPLAINTS - CONDITIONS OF ACCEPTANCE. Complaints shall be accepted from any source: written, verbal, in person or telephonic (or TTY), mail, facsimile transmission, or electronic means, or anonymously; at the Police Administration Building; any bureau, Area station or substation; at the Office of the Board of Police Commissioners and the Office of the Inspector General; or any other police facility accessible to the public.

Exception: A complaint shall not be initiated when the sole reason consists of one or more of the following issues, unless the initial conversation with the complainant identifies attributable misconduct:

l Low-flying airship;l Complaint by an inmate regarding accommodations, cell assignment, quantity/quality of food,

etc.;l Delay in service;

Note: The delayed response of a patrol unit or a detective failing to conduct a follow up interview due to workload, is not considered a complaint, but rather a delay in providing service and no Complaint Form, Form 01.28.00, is required. If the preliminary investigation discloses there was negligence rather than a delay in providing service due to workload (e.g., call lost when passed from one unit to another at change of watch), a Complaint Form shall be completed.

l Disputed citations for traffic, parking, Administrative Citation Enforcement (ACE) for LAMC violations;

l Disputed Release From Custody (RFC)/Notice To Appear (NTA); and,

Note. Supervisors shall conduct a preliminary investigation of the violator’s complaint about the issuance of the traffic citation, RFC, or NTA. If no error was identified in the issuance of the citation, ACE, RFC, or NTA, the complainant should be directed to the appropriate court for resolution, and no Complaint Form is required. However, if misconduct was alleged or discovered during the interview, then a Complaint Form is required. (Refer to Department Manual Section 4/326.67 for procedures on citation cancellations relating to complaint investigations.)

l Vehicle Impound.

Note. Supervisors shall interview the complainant regarding the incident that resulted in the vehicle being impounded. If no other allegation(s) is made regarding the vehicle impound itself, no Complaint Form is required and the complainant may be referred to the Vehicle Impound Hearing process as delineated in Department Manual Section 4/266.05. If the interview discloses an allegation(s), a Complaint Form shall be initiated regarding the allegation(s) outside of the vehicle impound, and the referral of the Complainant to the Vehicle Impound Hearing process documented on the Complaint Form.

811. ACCEPTING COMPLAINTS. A supervisor receiving a complaint in person, by telephone or in any written form, shall:

l Conduct a preliminary investigation, as established in Complaint Investigations: A Guide for

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Supervisors and as outlined in Manual Section 3/815.01;

Exception: Supervisors who find themselves the subject of alleged misconduct shall report the incident to an uninvolved supervisor who shall conduct the preliminary investigation.

l Complete a Complaint Form, summarizing the complaint and the complainant’s statements under the Summary portion;

l Tape-record all interviews. If not practical, supervisors shall include a written justification under the Summary portion of the Complaint Form;

Note: If a non-employee complainant or witness refuses to be recorded, an attempt shall be made to record the refusal on tape or on a signed statement of refusal.

l Provide the complainant with the bottom copy of the Complaint Form, and advise the complainant that another copy will be mailed out with an assigned case number. If the complaint was made by telephone, leave the triplicate form intact and advise the complainant that a copy will be mailed out by IAG once a case number has been assigned;

l Attempt to resolve the matter to the satisfaction of the complainant and take appropriate action to prevent aggravation of the incident;

l Determine the complainant’s willingness to participate in the Alternative Complaint Resolution (ACR) process, if appropriate; and,

Note: Regardless of whether a consensual resolution of the complaint is achieved by a supervisor through ACR or otherwise, all complaints shall still be recorded, investigated, and classified.

l Submit the Complaint Form and preliminary investigation to the watch commander, Section officer in charge (OIC), or civilian equivalent, for review.

Note: If, during the course of a complaint investigation, the investigating supervisor has reason to believe that additional misconduct may have occurred, other than that alleged by the complainant, the investigating supervisor shall either record the additional misconduct as a separate allegation on the original complaint or initiate a new complaint as appropriate.

811.05 WATCH COMMANDER/ OFFICER IN CHARGE RESPONSIBILITY. A watch commander, section officer in charge (OIC) or civilian equivalent who becomes aware of a complaint shall ensure that a Complaint Form is prepared without unnecessary delay. Upon receipt of a Complaint Form submitted by a supervisor, the watch commander, section OIC or civilian equivalent, shall:

l Review the form for completeness and accuracy, ensuring that a thorough preliminary investigation was conducted;

l Using the Case Screening Factors box on the Complaint Form, determine whether the complaint should be classified as Disciplinary or Non-Disciplinary (Refer to Manual Section 3/817 for classification guidelines);

l When appropriate, facilitate the Alternative Complaint Resolution process; and,l Sign and date the Complaint Form and submit the complaint investigation and attachments as

soon as practicable to the commanding officer for approval.

811.15 COMMANDING OFFICER’S RESPONSIBILITY. The primary responsibility for investigating complaint allegations rests with the employee’s commanding officer. A commanding officer, upon becoming aware of a complaint, shall ensure that the original Complaint Form is forwarded to the Commanding Officer, Internal Affairs Group (IAG), within two business days of the complaint initiation (or in the event of a weekend, the following business day).

Note: Complaints received directly by IAG shall be handled in accordance with guidelines established in Manual Section 3/811.25. Upon receipt of a Complaint Form from IAG with a complaint form (CF)



number already issued, commanding officers shall ensure that a supervisor promptly investigates the complaint.

811.20 COMMUNITY REPORTING OF A COMPLAINT OR EMPLOYEE MISCONDUCT. When a member of the community wishes to report misconduct and/or make a complaint, the employee shall immediately notify a supervisor.

Use of Employee Misconduct Form. Any employee assigned to areas accessible to the public, such as the front desks of Area stations, Police Administration Building, or other police facilities, shall first refer the complainant to a supervisor. If the community member is unwilling or unable to meet with a supervisor, the employee shall provide the individual with a Complaint of Employee Misconduct form appropriate for the language spoken; a preaddressed business reply envelope marked "ATTN: Internal Affairs Group," and a Personnel Complaint Information pamphlet appropriate for the language spoken.

Any employee who receives a completed Complaint of Employee Misconduct form shall immediately notify a supervisor. Upon the return of a Complaint of Employee Misconduct form to an Area station, Police Administration Building, the Police Commission, or any other police facility, the employee receiving the form shall ask the complainant to wait until a supervisor has reviewed the form. If the complainant is unable to wait for a supervisor, the employee shall ensure that the complainant receives the bottom copy of the form, and that a supervisor receives the original.

Note: During normal business hours, an employee receiving a complaint form at the Police Administration Building shall notify Internal Affairs Group. When a complaint form is received at the Police Administration Building after normal business hours or on weekends, the employee receiving the form shall contact the Department Command Post. The employee shall not forward the form, nor refer the individual submitting the complaint, to the division of occurrence.

Supervisor’s Responsibility. When possible, a supervisor shall review the Complaint of Employee Misconduct form with the complainant to ensure that all necessary information has been obtained. If a supervisor determines that immediate action is required after the review, such action shall be taken. The supervisor shall ensure the appropriate distribution of Complaint of Employee Misconduct forms.

Commanding Officer’s Responsibility. Commanding officers shall ensure that a supply of Complaint of Employee Misconduct forms (Forms 01.81.06, 1.81.7, 01.81.08, 01.81.09, 01.81.13, 01.81.14 and 01.81.15) with postage-paid, preaddressed business reply envelopes marked “ATTN: Internal Affairs Group,” and Personnel Complaint Information pamphlets, Forms 1.81.3, 01.81.10, 01.81.17, 01.81.18, and 01.81.19, are maintained at a location accessible to the public 24 hours per day at all Area Stations, Police Administration Building, and any other police facility accessible to the public. In addition, commanding officers shall ensure that:

l Forms required to file a complaint are available, upon request, to community groups, community centers, and public and private service centers; and,

l All complaint forms received are reviewed for possible employee misconduct, and shall indicate on the form what action(s) were taken to address the matter. The author of the Complaint of Employee Misconduct form shall be notified of such action.

811.25 COMPLAINTS MADE OTHER THAN IN-PERSON. Letters of complaint from the public against Department employees may be comprised of any written material, including formal letters, notes, facsimiles, electronic mail correspondence, or completed Complaint of Employee Misconduct forms.

Employee’s Responsibility. An employee who receives a letter of complaint from the public shall, without delay, deliver the letter to his/her watch commander or supervisor.

Supervisor’s Responsibilities. When a division or Area receives a complaint other than in-person (including, but not limited to written, telephonic, electronic, audio or video) a watch commander or



supervisor shall:

l Complete a Complaint Form (CF), Form 01.28.00, and attach the related correspondence, documents and statements; and,

l In cases involving an anonymous complaint, any investigating officer who believes that it is necessary to investigate the source of an anonymous complaint must submit a written request via Intradepartmental Correspondence, Form 15.02.00, with specific and compelling justification to the Commanding Officer, Professional Standards Bureau, for approval. Such requests should take into consideration whether the seriousness of the allegations (e.g. criminal misconduct, threats to public safety) outweighs the necessity of maintaining the anonymity of the complainant.

Commanding Officer’s Responsibilities. Commanding officers shall:

l Ensure that the CF is forwarded to Internal Affairs Group (IAG) within two business days of complaint initiation. The original copy of the complainant’s letter shall be included as an addendum in the complaint; and,

l If a letter of complaint involves an employee from another command, the commanding officer shall ensure that his own command completes and forwards a CF to IAG along with the originalcopy of the complaint letter. Commanding officers shall ensure that a copy of the complaint letter is forwarded to the commanding officer of the concerned command, along with transmittal correspondence confirming that a CF was already completed and forwarded to IAG along with the original complaint letter.

Internal Affairs Group’s Responsibility. When IAG receives any complaint from the public, IAG shall:

l Complete a CF, documenting the preliminary information only and attach the related correspondence, documents, and statements;

l Issue a CF number; l Assign and forward the CF to the appropriate division/Area for appropriate action; and,l Mail an acknowledgment of the complaint to the complainant with the CF number referenced

(second copy of CF).

811.30 PERSONS COMPLAINING TO THE POLICE COMMISSION. When a complaint is made to the Board of Police Commissioners or a member of the Commission staff, the Executive Director shall cause an evaluation of the complaint to be made.

The Executive Director shall bring the complaint to the attention of the Board when, in the Director's judgment, the Board should be informed, and in any of the following cases:

l There is reason to believe that established disciplinary procedures have not been followed;l The nature or magnitude of the complaint, if true and made known, would be likely to cause great

public concern; or,l The complaint appears reasonable and there is evidence that repeated efforts by the complainant

have not provided relief.

Normally, complaints made to the Commission staff shall be handled in the following manner:

l Complaints against a member of the Department or about Department policy or procedure, shall be referred to Internal Affairs Group and processed in accordance with Manual Section 3/822.05.

Exception: When a complaining person expresses a desire not to be interviewed by a sworn member of the Department, a non-sworn member of the Commission staff shall conduct the interview and completeany additional reports required by established procedures. Investigations shall be processed in



accordance with Manual Section 3/815.

812. COMMUNITY COMPLAINT AND COMMENDATION POSTER. The following entities have responsibility for ensuring that Community Complaint and Commendation Posters, Form 01.81.28, are on display to the public throughout the Department and City Council field offices:

l Area commanding officers shall ensure posters are displayed at their facilities where they are visible to the public and provide posters to all City Council field offices within their Areas.

l The Commanding Officer, Custody Services Division, shall ensure the poster is made available at the Police Administration Building front desk.

l The Office of the Secretary, Board of Police Commissioners, shall ensure the poster is available at the offices of the Board of Police Commissioners and the Office of the Inspector General.

l All bureau and group commanding officers whose commands are accessible to the public shall ensure that the posters are displayed.

l The Commanding Officer, Internal Affairs Group, shall provide posters to all City Hall offices of the City Council and to the Mayor’s Office.

813. INITIAL ACTION – COMPLAINTS AND COMPLAINTS OF MISCONDUCT.

813.05 EMPLOYEE’S RESPONSIBILITY. When an employee becomes aware of possible misconduct by another Department employee, the employee shall immediately report the incident to a supervisor and/or directly to Internal Affairs Group (IAG). This requirement applies to all employees, including supervisory personnel and managers (the rank of captain or above), who learn of possible misconduct through the review of an employee’s work. Generally, the supervisor accepting the complaint shall initiate the Complaint Form. Only supervisors shall initiate Complaint Forms.

813.10 EMPLOYEE FAILURE TO PROPERLY ACCEPT A COMPLAINT. A Complaint Form, Form 01.28.00, shall be used to document all complaints when a Department employee allegedly:

l Fails to inform any member of the public who indicates a desire to file a complaint, of the means by which a complaint may be filed;

l Attempts to dissuade a member of the public from filing a complaint; or,l Refuses to accept a complaint.

813.20 NOTIFICATION REQUIREMENTS. When immediate action is necessary or the complaint is such that it may subject the employee or the Department to severe criticism or liability, the concerned supervisor shall ensure that the following notifications are made without delay to:

l The employee's watch commander/officer in charge (OIC), or civilian equivalent, who shall notify the employee's commanding officer; and,

l Internal Affairs Group.

Note: When the employee's commanding officer is not available or when Internal Affairs Group is closed, the notification shall be made to the Department Command Post.

Complaints Regarding Employees Assigned Outside the Area/Division. A watch commander shall, when a complaint concerns an employee from another division or Area, complete a Complaint Form and notify the on-duty watch commander or OIC at the employee’s Area/division of assignment. If immediate action by that employee's commanding officer is necessary, the on-duty watch commander or OIC at the employee’s Area/division of assignment shall be responsible for making such notification(s).

Exception: When a public allegation of misconduct is made at a Department Jail and the accused employee is not assigned to Custody Services Division, the Custody Services Division Watch Commander shall telephonically contact a supervisor at the employee’s division of assignment to



handle the complaint investigation.

Note: If the response of a supervisor from the accused employee’s division of assignment would severely impact the operational needs of that command, a supervisor from Custody Services Division shall initiate a complaint investigation and complete all required reports. However, such a decision must be justified based on sound judgement and bona fide operational needs (e.g., major occurrence, etc.). A general shortage of supervisors or supervisory workload will not justify a refusal to respond.

If the complainant is not in the custody of Custody Services Division or is in the process of being released and indicates a desire not to wait for the responding supervisor, the concerned Custody Services Division supervisor shall accept the complaint. Also, if the entity the concerned employee is assigned to is unavailable (e.g., due to hours of operation, etc.), Custody Services Division shall also accept the complaint and conduct the preliminary investigation.

Upon receiving notification by the Custody Services Division Watch Commander of a complaint against an employee assigned to his/her Area, the watch commander of the accused employee shall ensure that a supervisor responds to Custody Services Division in a timely manner. The assigned supervisor shall initiate a complaint investigation and conduct a comprehensive preliminary investigation.

When the alleged complaint is of a nature that the integrity of the investigation might be jeopardized by reducing the allegations to writing, the supervisor shall verbally report to the employee's commanding officer, who shall verbally report to the Commanding Officer, Internal Affairs Group.

815. INVESTIGATING AND REPORTING COMPLAINTS – AREA/DIVISIONS.

815.01 GENERAL INVESTIGATION GUIDELINES. In addition to existing procedures set forth in both the Department Manual and the Internal Affairs Group (IAG) functional manual, Complaint Investigations: A Guide for Supervisors, the following procedures shall apply to complaint investigations:

l Identifying all involved employees;l Obtaining names, addresses, and telephone numbers of all witnesses, and a summary of their

statements. (Indicate the times, locations, and business and residence phone numbers where witnesses will be available for re-interview.);

l The interviews of all complainants, involved Department employees, and witnesses shall be conducted individually (no group interviews) and shall be recorded. Should a non-employee complainant or witness refuse to be recorded, an attempt shall be made to record the refusal on tape or on a signed statement of refusal;

Exception: Recording interviews is not mandatory for Department-initiated complaints alleging minor misconduct, such as Failure to Qualify, Failure to Appear, preventable traffic collisions and minor neglect of duty complaints. However, depending on the circumstances of the case, the commanding officer may direct that all interviews be recorded.

Whenever practicable and appropriate, complainants and witnesses shall be interviewed at sites and times convenient to them, including private residences or places of business;

l Interview all involved supervisors regarding their conduct at the scene during the incident;l The entity responsible for the preliminary complaint investigation shall notify, without delay, the

involved Department employee and his or her respective supervisor of a pending investigation(s), excluding those investigations deemed confidential under the law (as determined by the Department);

l Inconsistencies between statements made by Department employees and witnesses shall be identified and documented;



l The entity responsible for the investigation shall coordinate the collection and preservation of all appropriate evidence, including canvassing the scene to locate possible witnesses if appropriate;

Note: The burden for locating and interviewing all potential witnesses rests with the Department.

l Visual examination for trauma, medical treatment for actual or alleged injury;l Photographs (utilize color film when appropriate);l Inspection of the object alleged to have caused injury (objects should be photographed and, when

practicable, retained); and,l Administer appropriate sobriety tests required for the preliminary investigation of the offense

(3/836).

The withdrawal of a complaint, the unavailability of a complainant to make a statement, or the fact that the complaint was filed anonymously or by a third party, shall not be reasons to adjudicate a complaint without further attempts to investigate. Commanding officers shall ensure reasonable efforts are made to get to the truth of the matter.

816. REPORTING A COMPLAINT.

816.01 SUPERVISOR’S RESPONSIBILITY. When a supervisor becomes aware of a public complaint, or a complaint of misconduct initiated by Department personnel, the supervisor shall accept the complaint and:

l Conduct a preliminary investigation, as established in Complaint Investigations: A Guide for Supervisors.

Exception: Supervisors who find themselves the subject of alleged misconduct shall report the incident to an uninvolved supervisor who shall conduct a preliminary investigation and, if necessary, complete a Complaint Form, Form 01.28.00.

l Complete a Complaint Form, summarizing the complaint and the complainant’s statements under the Summary portion;

l Tape-record all interviews. If not practical, supervisors shall include a written justification under the Summary portion of the Complaint Form;

Note: If a non-employee complainant or witness refuses to be recorded, an attempt shall be made to record the refusal on tape or on a signed statement of refusal.

l Provide the complainant with the bottom copy of the Complaint Form, and advise the complainant that another copy will be mailed out with an assigned case number. If the complaint was made by telephone, leave the triplicate form intact and advise the complainant that a copy will be mailed out by IAG once a case number has been assigned;

l Attempt to resolve the matter to the satisfaction of the complainant and take appropriate action to prevent aggravation of the incident;

l Determine the complainant’s willingness to participate in the Alternative Complaint Resolution (ACR) process, if appropriate; and,

Note: Regardless of whether a consensual resolution of the complaint is achieved by a supervisor through ACR or otherwise, all complaints shall still be recorded, investigated, and classified.

l Submit the Complaint Form and preliminary investigation to the watch commander, Section officer in charge (OIC), or civilian equivalent, for review.

Note: If, during the course of a complaint investigation, the investigating supervisor has reason to



believe that additional misconduct may have occurred, other than that alleged by the complainant, the investigating supervisor shall either record the additional misconduct as a separate allegation on the original complaint or initiate a new complaint as appropriate.

816.05 INTERNAL AFFAIRS GROUP’S RESPONSIBILITY. Internal Affairs Group (IAG) will issue Complaint Form (CF) numbers for all Complaint Forms, Form 01.28.00, received and approved by a commanding officer. Upon the issuance of the CF number, IAG will enter the number on the Complaint Form and mail a copy to the address indicated by the complaint.

Internal Affairs Group shall promptly review every complaint, Form 01.28.00, determine whether the complaint will be investigated by IAG or by the employee’s command, and promptly notify and forward the complaint to the affected entities for appropriate action. For tracking purposes, Internal Affairs Group shall maintain copies of all complaint forms received and forwarded to the command. Within one week of receiving the complaint, Internal Affairs Group shall provide the Office of the Inspector General with all complaint information including the entity assigned to investigate the complaint.

Note: The Office of the Inspector General will review the complaint information to ensure complaints are being received in a manner that complies with existing Department policy and procedure.

817. CLASSIFICATION OF COMPLAINTS.

817.05 CLASSIFYING A COMPLAINT AS NON - DISCIPLINARY OR DISCIPLINARY. Complaints reported on a Complaint Form shall be classified as either Disciplinary (Manual Section 3/812) or Non-Disciplinary. The watch commander, Section OIC, or civilian equivalent is responsible for the initial complaint classification; however, the employee’s commanding officer may reclassify the complaint at any time. A commanding officer’s decision to classify a complaint as Non-Disciplinary shall be final unless a substantial justification for changing it can be articulated at the Bureau level.

818. NON - DISCIPLINARY COMPLAINTS. A complaint may be classified as Non-Disciplinary when the following criteria is met:

l The complaint, as stated, would not amount to the commission of a felony or misdemeanor crime; l The complaint, as stated, may not result in discipline against the employee, or the complained of

act or omission by the employee has no nexus to the employee’s position with the Department;l The complaint was not initiated as a result of a Department integrity audit conducted by

Professional Standards Bureau, Special Operations Division;l The complaint does not allege any of the following: unauthorized force; discrimination of any

kind; unlawful search and/or unlawful seizure of person or property; dishonesty; domestic violence; improper/illicit use of alcohol, narcotics, or drugs; sexual misconduct; theft, or retaliation/retribution against another employee;

Exception: When it is clearly proven at the time of the preliminary complaint investigation that the alleged misconduct is Demonstrably False, as defined in this section, the allegation may be classified as Non-disciplinary.

l The complaint was not as a result of concerns arising out of a criminal prosecution, or, dismissal of California Penal Code Section 148 charges, or otherwise initiated by a judge or prosecutor acting in their official capacity;

l The accused employee has no apparent pattern of similar behavior (should generally be limited to the past five years) for which he/she is accused; and,

l The complaint was not initiated in response to civil suits or claims for damages involving on-duty conduct and civil lawsuits regarding off-duty conduct required to be self-reported by employees.

Commanding Officer’s Responsibilities. A commanding officer who recommends a Non-Disciplinary classification shall check the appropriate box on the Complaint Form, Form 01.28.00, and



select the appropriate disposition/rationale as follows:

l Policy/Procedure. The facts of the case revealed that the complaint relates to Department policy/procedure and not to a specific employee’s actions.

Note: Complaints against Department policy and procedure not specifically addressing an employee’s actions shall still be initiated on a Complaint Form. In such cases, the Department shall be named as the accused employee, and the complaint will be adjudicated as Non-Disciplinary. Individuals making complaints against Department policy and procedure shall also be referred to the Department entity having functional oversight of the policy or procedure. If the complainant cannot be satisfied, he/she shall be referred to the Board of Police Commissioners.

l Employee’s Actions Did Not Rise to the Level of Misconduct. A preliminary investigation revealed that the allegations did not rise to the level of misconduct and/or the named employee’s actions were protected by law or found to be consistent with Department policy or procedure.

l Employee’s Actions Could Have Been Different. The facts in the complaint revealed the employee’s actions could have been different. However, the employee’s act or omission is best addressed through corrective action by the employee’s commanding officer. The corrective action(s) taken was:

¡ Counseling;¡ Training;¡ Employee Comment Sheet (Comment Card), Form 01.77.00; ¡ Notice to Correct Deficiencies, (City) Form General 78; or,¡ Referral.

l Demonstrably False. When it is clearly proven that an allegation did not occur.

Note: An allegation is considered to be "clearly proven" as Demonstrably False under the following circumstances:

l The complainant is determined to be vexatious, i.e., the complainant demonstrates an irrational thought process and/or has established a pattern of making chronic or crank complaints; or,

l Body Worn Video (BMW) or Digital In-Car Video System (DICV) footage, or other audio or video evidence captured the entire incident or citizen contact, and conclusively shows that the employee(s) did not commit the alleged misconduct or did not violate Department policy or procedures.

Consistent with Department policy, all allegations of misconduct initiated by a member of the public, including those determined to be Demonstrably False, must be recorded on a Complaint Form, Form 01.28.00. However, when an audio or video recording clearly proves that an allegation of misconduct is Demonstrably False, the accused and witness officers need not be interviewed regarding the Demonstrably False allegation.

l Department Employee(s) Not Involved. The preliminary investigation revealed that the complaint did not involve a Department employee(s).

l Resolved Through Alternative Complaint Resolution. The complainant and the accused employee(s) resolved the complaint through the Alternative Complaint Resolution (ACR) mediation process.

818.05 ADJUDICATION OF A NON - DISCIPLINARY COMPLAINT. After approving a complaint’s final classification as Non-Disciplinary, the employee’s commanding officer shall:



l Complete and sign the Complaint Form (CF);l Meet with and discuss the complaint with the employee, and provide the employee with a copy of

the investigation; and,l Sign the complainant’s reply letter, and forward it with the complaint to the next level of review.

Role of Bureau Commanding Officer. Bureau commanding officers reviewing a complaint that has been classified as Non-Disciplinary, shall:

l Sign the CF if they concur; and,l Ensure that all closed Non-Disciplinary complaints are forwarded to Internal Affairs Group

(IAG), along with the original completed investigation and a Personnel Complaint Statistical Form, Form 01.19.00, and reply letter.

Note: The commanding officer’s decision on a Non-Disciplinary complaint shall be final unless a substantial justification for changing it can be articulated at the bureau level. If this occurs the Non-Disciplinary complaint shall be returned to the employee’s commanding officer with a written rationale and direction for how to proceed.

Role of Internal Affairs Group. Internal Affairs Group shall have review authority and responsibility for all Non-Disciplinary complaints.Upon review of a Non-Disciplinary complaint IAG shall:

l Close out the CF and file them by CF number in IAG’s Miscellaneous files; and, l Date and send the reply letters to the complainants.

Note: The division and bureau commanding officer’s decision on a Non-Disciplinary complaint shall be final unless a substantial justification for changing it can be articulated by IAG. If this occurs, the Non-Disciplinary complaint shall be returned to the bureau commanding officer with a written rationale and direction for how to proceed.

819. ALTERNATIVE COMPLAINT RESOLUTION PROCESS. A Non-Disciplinary or Disciplinary complaint may be designated for the Alternative Complaint Resolution (ACR) mediation process when all of the following criteria are met:

l The complaint of the alleged misconduct is Non-Disciplinary or Disciplinary, but minor in nature (e.g., discourtesy, disrespect, or a minor Neglect of Duty, etc.) as alleged by the public;

l The employee has no apparent pattern of similar behavior (should generally be limited to the past five years) for which he/she is accused; and,

l The complainant and the employee have agreed to participate in good faith.

Generally, the watch commander, section OIC, or civilian equivalent, shall appoint a supervisor to serve as ACR facilitator. However, nothing precludes a supervisor who is responding to a complaint in the field from utilizing ACR at the time the complaint is made, with concurrence from the watch commander, section OIC, or civilian equivalent. An assigned facilitator may attempt to resolve the issue through ACR without the employee being present.

Note: Prior to conducting ACR, assigned facilitators shall review training material prepared by Internal Affairs Group.

General Guidelines for ACR. When a complainant and/or accused employee indicates a desire for ACR, the process should be expedited. In the event ACR is delayed more than 30 calendar days, absent exigent circumstances, the complaint shall be returned to the commanding officer for classification and adjudication.



Prior to ACR, the complainant shall sign an Alternative Complaint Resolution Acknowledgement, Form 01.28.06. A single ACR session should be sufficient, and all ACR discussions shall be considered confidential.

The presence of outside parties is discouraged; however, the assigned facilitator may exercise discretion in establishing parameters for the ACR session. Accused employees may not have an employee representative present, nor may a complainant have legal counsel. Sessions shall not be audio/video recorded. The assigned facilitator shall have the final authority over the ACR session.

Note: When the accused employee insists on the presence of an employee representative during ACR, or the complainant requests legal counsel, complaints shall be returned to the commanding officer for classification and adjudication.

Role of Facilitator. The process of resolving conflict requires all parties to be forthright and willing to accept responsibility. In fact, a full and complete discussion of events may include an admission to the complained of behavior. It is understood that this is part of the resolution process and confidentiality will be maintained. However, should a significant act of misconduct come to light, the ACR session shall be stopped and the complaint referred for classification and adjudication.

Withdrawal from ACR. If, prior to completing the ACR session, either the complainant or the accused employee chooses to withdraw, the complaint shall be referred to the accused employee’s commanding officer for appropriate disposition. Likewise, an assigned facilitator may stop the ACR process and refer the case to the commanding officer for appropriate disposition if one or both parties involved are not participating in good faith.

In any of these cases, the complainant and employee shall be advised of the investigation’s outcome via established complaint procedures. No prejudice shall be inferred upon either party for withdrawing from ACR.

If at any time after the ACR session is adjourned, the complainant wants to renew the complaint, no new complaint shall be initiated; and, absent new and significant evidence of serious misconduct, no investigation shall be undertaken. The resolution by ACR shall stand, and no further action relative to the incident may be initiated after the completion of ACR.

Challenge to ACR. If, based on compelling circumstances, a commanding officer determines ACR is not appropriate (due to either the nature of the complaint or the employee’s work history), that commanding officer may override a watch commander’s decision, even if ACR has already occurred. If this occurs, the commanding officer shall provide the employee with a written rationale, providing substantial justification.

820. DISCIPLINARY COMPLAINTS.

820.01 COMPLAINT INVESTIGATION REPORT. Using an Intradepartmental Correspondence, Form 15.02.00, the following headings shall be used when completing the Complaint Investigation Report that alleges misconduct:

l Complaint;l Summary (including Allegations);l Investigation;l Investigator’s Notes (including author’s name and signature and approval block);l Witness List;l Addenda; and,l Allegation List (not as a page of the report, but as a helpful tool for the reader).

Depending upon the complexity of the investigation, the final report can be as brief or as detailed as



necessary, so long as it enables the reviewer to properly adjudicate the complaint.

820.05 CHRONOLOGICAL RECORD FOR COMPLAINTS. City and state laws establish the limitations periods during which an employee may be discharged, suspended, demoted in rank, or suspended and demoted in rank. Since the limitations period is based on the date the misconduct was discovered by an uninvolved supervisor, documentation of the date on which specific information is obtained is essential. Generally, this will be the same as the "Date/Time Reported" on the Complaint Form, Form 01.28.00. On occasion, the initial information may be too vague to constitute misconduct and/or additional misconduct may come to the Department's attention during the subsequent investigation.

Commanding officers shall ensure that a Chronological Record, Form 03.11.06, is completed by the supervisor assigned to complete a complaint investigation. The Chronological Record shall be used to document an in-depth chronological record of the investigation, recording the dates and times of initial notification and all investigative contacts and processes. It shall include the person to whom information was given as well as the supervisor completing each entry. If the same supervisor completes all entries, a statement to that effect may be made at the end of the Chronological Record and signed by the supervisor. The Complaint Form (CF) number of the concerned complaint shall be placed in the box titled "DR" at the top of each page of the Chronological Record.

Exception: It is not necessary to complete a Chronological Record in conjunction with the following disciplinary matters:

l Failure to Qualify;l Failure to Appear in Court;l Preventable Traffic Collision, when there is no other misconduct;l Use of Force Internal Process Report; and,l Non-Disciplinary Complaints.

Note: Following Skelly procedures, the original Chronological Record is to be forwarded with the completed Complaint Form through channels to Internal Affairs Group. Generally, the Chronological Record should NOT be used by the commanding officer in adjudicating the complaint and, thus, should not be included in the materials given to the accused employee.

Supervisors completing a Chronological Record in conjunction with a complaint investigation should be aware that the Chronological Record may be subject to discovery. Any Chronological Record completed in conjunction with such complaints shall only be released after confidential information, if any, is redacted and with the approval of the Commanding Officer, Internal Affairs Group.

When the investigation is completed by Internal Affairs Group, the Chronological Record shall be retained by Internal Affairs Group pending the adjudication of the complaint.

820.15 ADMINISTRATIVE INTERROGATION ADMONITIONS. When an administrative interrogation focuses on or involves possible criminal misconduct by an employee, the employee shall be advised of his/her Miranda rights before questioning begins, or at the point at which the interrogation begins to focus on possible criminal misconduct.

If the employee waives his/her Miranda rights, no further admonition is necessary. If the employee declines to waive his/her Miranda rights and the administrative interview is to continue, the interrogating officer shall read the Administrative Admonition of Rights from the Employee Rights Card verbatim as follows:

l Your silence could be deemed as insubordination and lead to administrative discipline, which could result in your discharge or removal from office; and,

l Any statements made under the compulsion of the threat of such discipline cannot be used against you in any subsequent criminal proceeding.



After reading the Administrative Admonition of Rights to an employee during a complaint investigation the interrogating officer shall:

l Request that the employee being interviewed sign and date the Employee Advisement Form, Form 01.81.05, in the appropriate space;

l Sign the Form 01.81.05 as the witnessing supervisor; and,l Attach the Form 01.81.05 to the Complaint Form, Form 01.28.00, as an addendum.

After the completion of the Form 01.81.05, the employee shall be ordered to give a statement for administrative purposes only following the format outlined on the form. The interrogating officer shall sign and date the Form 01.81.05 affirming that the administrative order was given in the prescribed manner.

The employee's commanding officer shall ensure that the Form 01.81.05 is attached to the Complaint Form, Form 01.28.00, as an addendum and forwarded to the bureau commanding officer for review.

Administrative Admonitions During Non-Criminal Personnel Investigations. When an employee refuses to answer a question during an administrative interview regarding a non-criminal matter, the employee shall be ordered to provide a statement. The employee shall be informed that failure to answer questions directly related to the investigation or interrogation may result in disciplinary action.

In cases where it is necessary to order an employee to provide a statement during the investigation of a non-criminal matter, the investigating officer shall:

l Read aloud the advisement for non-criminal misconduct from the Employee Advisement Form, Form 01.81.05, to the employee;

l Initial the box next to “Non-criminal Misconduct;”l Order the employee to answer administrative questions and provide a statement in the non-

criminal matter per the admonishment at the bottom of the form;l Request that the employee sign the Employee Advisement Form, Form 01.81.05;l If the employee refuses to sign the Employee Advisement Form, the investigator shall write

“Refused” on the appropriate line and document the refusal aloud during the taped interview;l Include the Employee Advisement Form, Form 01.81.05, as an addenda item; and,l Ensure that a copy of the Employee Advisement Form is given to the employee who has been

ordered to provide the statement.

820.20 PERSONNEL COMPLAINT ENVELOPE. The Personnel Complaint Envelope, Form 01.81.11, shall contain copies of addenda items and rough notes (Rough notes are considered information that forms a basis for a finalized report, not a draft of that document).

Note: No copies of the Complaint Form, Form 01.28.00, or the related investigation shall be included in the Personnel Complaint Envelope. Tapes shall not be included in the Personnel Complaint Envelope. Both Forensic Science Division (FSD) tapes and non-FSD tapes shall be submitted to FSD for storage.

Maintenance of Personnel Complaint Envelope. When a completed complaint investigation has been submitted for review and findings to the concerned commanding officer, the Personnel Complaint Envelope shall be filed and stored in a secured location, i.e., a locked file cabinet. The division commanding officer shall be responsible for the security and maintenance of those files. Only the Department Advocate or designee may release or allow access to Personnel Complaint Envelopes, or its contents, to any individual or entity, either within or outside the Department.

Exception: The investigating officer handling the investigation may access the Personnel Complaint Envelope with the permission of the concerned commanding officer.

Note: The Personnel Complaint Envelope shall remain in division files for two years and then be transferred to City Records Center, where it shall be retained for eight more years before it is destroyed.



820.25 CLASSIFICATION OF A DISCIPLINARY COMPLAINT. Disciplinary allegations shall be dispositioned using only the following classifications, or one of the Alternate Dispositions described below:

l Unfounded: When the investigation indicates the act complained of did not occur;l Exonerated: When the investigation indicates the act occurred but that the act was justified,

lawful, and proper; l Not Resolved: When the investigation discloses insufficient evidence to prove or disprove

clearly the allegations made;l Sustained: When the investigation discloses that the act complained of did occur and constitutes

misconduct; or,l Sustained-No Penalty: The investigation supports sustaining the allegation; however, “No

Penalty” is the appropriate disposition. In all cases, appropriate corrective action shall be taken which may involve, but is not limited to, counseling, training or action other than formal discipline.

l Insufficient Evidence to Adjudicate – The investigation could not be thoroughly or properly investigated. This may be caused by a lack of cooperation by the complainant and/or witnesses, or the absence of a critical interview which was necessary to proceed with the investigation, and/or the available physical evidence or witnesses’ statements are insufficient to adjudicate the complaint.

l Withdrawn by the Chief of Police (IAG use only) – The Chief of Police may withdraw the allegation(s) (generally sustained) or charge(s) in the best interest of the Department when:

¡ On the advice of the City Attorney, imposing discipline is legally prohibited, or would subject the Department to civil liability; or,

¡ In the interest of justice and/or fairness, the allegation would be better adjudicated outside the Department, e.g., by a court of competent jurisdiction, or the alleged act is minor misconduct and/or significant time has passed; or,

¡ Evidence used to sustain a charge is unavailable or has been lost, stolen or destroyed; and,¡ Other articulable reasons.

The rationale for withdrawal of an allegation shall be articulated in writing and included in the “Recommendation” portion of the letter of transmittal for Category I and II investigations or included in the “Adjudication Rationale” for Category III investigations. Such requests will be evaluated by the Review and Evaluation Section, IAG. If the Chief of Police concurs, the allegation should be withdrawn, the allegation shall be re-classified and administratively closed as “Withdrawn by the Chief of Police.”

l Duplicate – When a preliminary investigation of a complaint reveals the incident is the same as another complaint already under investigation (Complaint Form [CF] number assigned), the complaint shall be cross referenced with the master CF number of the investigation which is related to the duplicate. Any additional or new information shall be noted as part of the supervisor’s preliminary investigation and forwarded to IAG which will close the duplicate complaint, cross reference the CF number to the master complaint CF number, and forward the additional information to the appropriate investigators.

Note: When the complainant of a duplicated complaint is different from the initial complainant, an undated reply letter to the duplicate complainant advising him/her of the duplicate status and the fact that the duplicate investigation would be closed in favor of the master investigation, shall be submitted with the request. Additionally, upon completion of the master CF, a reply letter should be prepared to the complainant on the duplicate CF advising him/her of the adjudication.

l Other Judicial Review (For Internal Affairs Use only) – This classification was implemented to address two types of complaints.



¡ CIVIL MATTERS INVESTIGATION/ADJUDICATION. Other Judicial Review may be used to adjudicate personnel complaints only if the accused employee’s position does not play a role in the alleged actions. Matters involving these issues include:

n Violations of restraining orders; n Child custody/support disputes; and,n Other non-duty related civil disputes.

¡ POST-CONVICTION COMPLAINTS-CRIMINAL MATTERS INVESTIGATION/ADJUDICATION. The use of OJR as complaint adjudication is no longer appropriate in matters raised by complainants who have been convicted of a crime or crimes, when those matters have been previously addressed in a judicial proceeding unless:

n The complainant alleges employee misconduct in the scope of his or her duties that was previously addressed in a civil court proceeding.

Exception: The Other Judicial Review (OJR) shall not be used to investigate a Claim for Damage.

A form has been developed for complaints that may be classified as Other Judicial Review. The form addresses civil matters (Other Judicial Review – Civil Matters Investigation/Adjudication, Form 01.28.03). Such investigations would include a Form 01.28.00, containing an allegation in which the complainant claimed a conviction in court was the result of a false arrest, falsified evidence, reports, testimony, etc., or an allegation that an employee may have violated a civil court order. If an OJR form can be completed for required criteria, including listing all pertinent information on the back side of the OJR form, the OJR form can be attached to the respective Form 01.28.00, and the adjudication completed using the adjudication sections provided on the Form 01.28.00. Tape numbers of persons interviewed, such as the prosecutor, shall be recorded on the OJR forms.

If, while completing the OJR form, the investigating officer is directed to “…not use this form,” the investigation shall be completed on the Complaint Form, Form 01.28.00.

820.30 NOTICE OF PROPOSED DISCIPLINARY ACTION. In cases that allege serious misconduct by a permanent employee (i.e., one who has completed entry-level employment probation), the employee's commanding officer shall use the Complaint Adjudication Form, Form 01.28.05, to notify the employee of the proposed charges.

Note: Misconduct is deemed to be "serious" when the commanding officer recommends:

l For Sworn Personnel: That the matter be adjudicated by a Board of Rights or that the employee be suspended.

l For Civilian Personnel: That the employee be discharged or suspended.

Procedure. A commanding officer shall, in cases of serious misconduct:

l Advise the employee of the right to representation prior to discussing the matter;l Advise the employee of the specific penalty recommended by the commanding officer;l Give the employee a copy of all investigative material upon which the proposed disciplinary

action is based, unless the employee waives the right to receive the material;l Give the employee a copy of the commanding officer's letter of transmittal;

Note: Nothing shall be added to the narrative portion of the transmittal that does not appear on the copy given to the employee.

l Provide civilian employees with any documents reflecting prior disciplinary action or substandard



performance if the prior action or performance will affect the severity of the punishment;l Ensure the employee initials the appropriate boxes on the Complaint Adjudication Form, Form

01.28.05, which indicates the employee acknowledges receipt of pertinent materials; and,l Notify the employee that any response, either oral or in writing, to the proposed disciplinary

action must be made within a reasonable time. Any written response from the employee shall be attached to the completed investigative report.

Exception: The above procedures need not be followed in emergency situations. An emergency situation is one in which the continued presence of the accused employees on active-duty status may be potentially harmful to themselves, their fellow employees, or the public, or a situation in which the failure of accused employees to participate in the procedure is beyond their commanding officer's control. In these circumstances, the Commanding Officer, Internal Affairs Group, shall be notified without delay.

822. EMPLOYEE REVIEW OF INVESTIGATION. When a complaint investigation results in a recommended classification that will be recorded on an employee’s TEAMS II report, the employee against whom the complaint was made shall be afforded the opportunity to review and respond to the completed investigation. Currently, those classifications are: Sustained (with a penalty of reprimand or less), Sustained-no penalty, Not Resolved, Exonerated, or Unfounded.

Commanding Officer’s Responsibility. The commanding officer of the employee against whom the allegation was made shall:

l Ensure that a Complaint Adjudication Form, Form 01.28.05, is completed for each employee who was the subject of a complaint investigation, wherein the disposition of the allegation(s) falls within one of the above categories;

l Notify the employee of the recommended disposition of the allegations contained in the complaint;

l Advise the employee that he or she has the right to review and to respond in writing to the completed complaint including the commanding officer's letter of transmittal;

Note: This review procedure provides for employees' responses to completed investigations. Commanding officers are not relieved of the responsibility to further investigate relevant issues raised by employees during the investigation or when they are advising an employee of the disposition, when the resolution of such issues would materially affect the disposition of a complaint.

l Provide the employee with a copy of the complaint;l Advise the employee that complaint investigation documents are confidential;l Advise the employee that he or she has 30 calendar days to submit a written response which will

be forwarded through the review process and filed with the complaint investigation at Internal Affairs Group (IAG) for other than sustained cases, and in his or her Department personnel package for sustained cases;

l Have the employee initial the appropriate boxes on the Complaint Adjudication Form;l If the employee has initialed that he or she does not intend to submit a written response,

immediately forward the Complaint Adjudication Form with the complaint through the chain of command. It is not necessary to complete the “CO’s Response to Employee” section;

l If the employee has initialed that a written response will be submitted, complete the employee acknowledgement and signature section on the reverse side of the Complaint Adjudication Form and retain it along with the complaint investigation pending receipt of the employee's response or expiration of the 30 day response period; and,

Exception: If a complaint has a statute of limitations that will expire within six weeks, the employee acknowledgement and signature section of the Complaint Adjudication Form shall be completed and a copy immediately forwarded with the complaint through the chain of command. The original Complaint Adjudication Form shall be forwarded with the employee's response to Internal Affairs Group to be



filed with the associated complaint investigation.

l Upon receipt of the employee's response, and in no case later than the end of the 30 day response period, complete the “CO’s Response to Employee” and the “Adjudication Summary” sections of the Complaint Adjudication Form and forward the original with the complaint investigation and the employee's response, if any, through the chain of command.

Employee’s Responsibility. Employees who desire to respond to the findings of a completed complaint investigation shall document their response on an Employee's Report, Form 15.07.00, and submit it to their commanding officer within 30 calendar days of service of the Complaint Adjudication Form.

Reserve Officer Discipline. An accused reserve officer shall be presented with a copy of a completed complaint investigation and allowed to respond to the commanding officer verbally or in writing. For complaints other than sustained, the reserve officer shall have 30 days to respond. In cases of sustained complaints, a reserve officer shall have 3-5 days to respond, at which time the complaint investigation shall be sent to the Chief of Police for final endorsement with the reserve officer’s response attached.

Note: This provision should in no way be construed to imply a property right for reserve officers.

Once a final determination has been made by the Chief of Police, commanding officers shall follow disciplinary procedures for reserve officers as outlined in Manual Section 3/870.50.

822.05 NEED FOR ADDITIONAL INVESTIGATION. If the commanding officer determines that additional investigation is necessary as a result of an employee's response, such investigation shall normally be conducted by the investigative unit that conducted the original investigation. Upon completion of an additional investigation, the employee's commanding officer shall:

l Re-interview the accused employee and advise the employee of the results of the additional investigation;

l Allow the employee to review any new investigative material; and,l Allow the employee to respond orally or in writing to the findings of the additional investigation.

824. COMPLETION OF COMPLAINT INVESTIGATION. It is the goal of the Department to complete most complaint investigations within five months of the Complaint Form being received by Internal Affairs Group (IAG). Notwithstanding that goal, all efforts should be undertaken to ensure the entire complaint process is completed within the limitations established by state law and the City Charter.

For Internal Affairs’ cases, the investigation completion date shall be the date on the IAG, Administrative Records Section-Communication Slip, which is the date the investigation was completed as documented on the Internal Affairs In-Flight Tracking Log. For chain-of-command cases, the completion date shall be the date the investigating officer submits the completed investigation for commanding officer adjudication and shall be documented at the top of the first page of the investigation. If the investigation is returned to the investigating officer for additional work/investigation, then the completion date will be the date on the subsequent IAG Communication Slip or on the supplemental investigation for chain of command investigations. The complaint completion dates shall be documented in the box at the top of the Complaint Adjudication Form, Form 01.28.05.

825. ADJUDICATING THE COMPLAINT AND SKELLY RESPONSIBILITY. As a general rule, the commanding officer who managed the employee at the time of the occurrence shall adjudicate the complaint.

Exception: When an unusual length of time has passed between the date of occurrence and the date reported, Internal Affairs Group (IAG) may assign investigative and adjudicative responsibility to the accused officer’s current commanding officer.



Where several employees from different commands were involved, the commanding officer of the primary employee, or where no primary employee could be identified, the commanding officer where the incident occurred, shall be responsible for the adjudication, preparation of the Letter of Transmittal, and Skelly process. If the incident occurred outside the City jurisdiction or the officer was transferred, adjudication responsibility shall be assigned to the appropriate commanding officer by IAG. It is the intent of this section to provide consistent adjudication and Skelly processes to all involved personnel. Therefore, whenever possible, the adjudication and Skelly of all accused personnel should be done by one commanding officer.

Note: Assistance with multiple Skellys may be accomplished at the request of the adjudicating commanding officer, with the concurrence of the employee’s current commanding officer, as long as the employee’s current commanding officer can comfortably address the Letter of Transmittal issues. The adjudicating commanding officer shall maintain responsibility for responding to the employee’s Skelly response (if any) and forwarding the entire investigation, Letter of Transmittal, Skelly(s), and Skelly response(s) to IAG via his/her bureau.

The report shall be forwarded through channels to the Commanding Officer, Internal Affairs Group, immediately upon expiration of the Skelly response period or upon acknowledgement by the accused officer that no Skelly response will be made.

The involved employee's commanding officer shall notify the employee every 30 days of the status of the investigation.

825.05 COMPLAINT – ADDITIONAL DOCUMENTS REQUIRED. For all complaints in which a specific employee is accused of misconduct, the employee’s complete TEAMS II report and Personal and Work History Summary, Form 1.06.0, shall be forwarded with the completed investigation for the purpose of the commanding officer’s review during the adjudication process. Additionally, the Personal and Work History Summary, Form 1.06.0, and/or the Personal and Work History Continuation, Form 1.06.03, shall be forwarded with any FTA, FTQ, or PTC investigation when the histories show any prior FTA, FTQ, or PTC. Neither the TEAMS II nor the Personal and Work History Summary shall be included or listed as addenda to the investigations.

825.10 PENALTIES FOR SUSTAINED COMPLAINTS. When a Disciplinary complaint is sustained, the employee’s commanding officer may recommend any of the following penalties:

For sworn personnel:

l No Penalty;l Admonishment;l Official reprimand (to be used for acts of misconduct for which no other penalty is appropriate);l Suspension;l Board of Rights;l Demotion; l Suspension and Demotion; or,l Termination on probation.

For civilian personnel:

l Admonishment;l Official reprimand (to be used for acts of misconduct for which no other penalty is appropriate);l Suspension;l Discharge; or,l Termination on probation.

Admonishment. When it is determined that a penalty of an admonishment is appropriate, the



employee’s commanding officer will administer discipline. Sustained complaints for which discipline may be administered by commanding officers include, but are not limited to, the following:

l Failure to qualify;l Failure to appear in court at time subpoenaed;l Failure to appear for scheduled medical examination;l Tardiness;l Uniform Defects;l Minor mishandling of equipment;l Violation of divisional orders of an internal nature;l Violation of standard operating procedures of an internal nature; and,l Minor misconduct from sources outside the Department.

When a commanding officer determines that it is appropriate for an employee of his/her command to receive a penalty not to exceed an admonishment, he/she shall cause any recommended corrective action to be taken.

Note: A commanding officer may cause other appropriate action, such as medical examination, professional counseling, or assistance to be taken. Such action may also be initiated on other than sustained complaints.

When an employee does not accept the recommendation of the commanding officer, the commanding officer shall include, in the disposition portion of the Form 01.28.00, the fact that the employee refused the recommended penalty and the reason(s) the employee gave for such refusal.

825.20 EVALUATING WITNESS CREDIBILITY. In adjudicating a complaint, Department managers (the rank of captain or above) are responsible for assessing the believability and credibility of witnesses in accordance with the standards established in the IAG functional manual, Management Guide to Discipline; specifically, principles adopted from the “California Jury Instruction Code.”Managers may consider anything that has a tendency, within reason, to prove or disprove the truthfulness of a witness. In making those determinations, the Department shall employ the following standards:

l Consideration of the history of complaint investigations and disciplinary records of both an accused employee and an employee witness, where relevant and appropriate;

l Consideration of the criminal histories of civilian complainants and witnesses, where relevant and appropriate;

l No automatic preference shall be given to a Department employee’s statement over the statement of any other witness, including the complainant;

l There shall be no automatic judgment that insufficient information exists to make a credibility determination when the primary evidence amounts to conflicting statements of the accused employee and the complainant; and,

l A familial or social relationship with a victim or the employee shall not automatically render a witness statement as biased or untruthful. However, the fact that such a relationship exists may be noted.

825.30 NOTIFICATION OF INVESTIGATION RESULTS TO COMPLAINANT-COMMANDING OFFICER’S RESPONSIBILITY. Commanding officers adjudicating complaints shall prepare an undated reply letter on Department letterhead addressed to the complainant.

Reply Letter to Complainant. The reply letter shall, at a minimum, include:

l The Complaint Form (CF) number, placed in the right quadrant of the letterhead under the Department’s return address;

l The date of occurrence, or the date the complaint was reported to the Department;



l The general nature of the complaint and/or allegations(s);l The resolution and disposition of the complaint and/or allegations;l The general acknowledgement that appropriate discipline was imposed, without indicating the

specific penalty, when an allegation was sustained;l Reference to the Office of the Inspector General’s role, address, telephone and fax numbers, and

website address; and,l The name and phone number of the commanding officer who adjudicated the complaint.

The Department reply letter should not be dated. Administrative Investigation Division (AID), Internal Affairs Group, will add the date when the letter is mailed, following final adjudication of the complaint.

Generally, the Department reply letter should not include the names of the accused employees. Provisions of State law preclude the unnecessary release of employee information regarding personnel matters.

Note: Inquiries regarding the appropriate content of a reply letter should be directed to AID, IAG.

The specific requirements for the reply letter should not be construed to restrict commanding officers from customizing the reply to address specific issues.

Status Update Correspondence. When the investigation phase of a complaint has not been completed, the status update correspondence shall be mailed to the complainant within one week of the five-month anniversary of reporting the complaint to the Department. One copy of the status update correspondence shall be forwarded to the Administrative Records Unit, IAG, and another maintained in the case folder and forwarded with the case folder at the conclusion of the investigation.

Status update correspondence shall include the following information:

l The date of correspondence;l The CF number;l The date of occurrence or the date the complaint was reported to the Department;l A brief explanation of the status of the investigation; and,l The name of the investigation officer(s) and his/her office telephone number.

826. OFFICIAL REPRIMAND - EXECUTION OF ORDER. When commanding officers receive a written order of reprimand for an employee of their command from the Chief of Police, they shall:

l Read the reprimand to the employee;l Give the original copy of the order to the employee; and,l Require the employee to sign the copy of the order.

828. FALSE AND MISLEADING STATEMENTS. It is a violation of Department Policy for any employee to make a false statement or a misleading statement as defined in this section. Any violation of this standard constitutes misconduct, which may lead to disciplinary action up to and including termination.

False Statement – Defined. A false statement is any manner of communication, including, but not limited to oral, written and electronic, which a Department employee makes when he or she knew or should have known the statement was false at the time it was made or the employee fails to correct the statement upon learning of its falsity.

Misleading Statement – Defined. A misleading statement is any manner of communication, including but not limited to oral, written and electronic, which a Department employee makes when he or she:

l Provides information in an inaccurate context;



l Provides information designed to lead the investigator or another astray or misdirect others;l Intentionally withholds information which is known or reasonably believed to be relevant; or,l Intentionally fails to provide a complete or accurate account of matters which are known to the

employee.

Providing partial truth about an incident does not satisfy an employee’s obligation for truthfulness when relevant information has been deliberately left out. Further, an employee who becomes aware that a statement has been misunderstood or misrepresented has an obligation to correct the misunderstanding or misrepresentation. Failure to do so may create an inference that the employee made the statement with the intention to mislead.

A “false statement” or a “misleading statement” constitutes misconduct when:

l It is made while carrying out an employee’s duties;l It results from actions incidental to an employee’s duties;l It is made while conducting a criminal or administrative investigation, even if the investigation is

preliminary in nature; or,l It is made by an off-duty employee arising from a circumstance in which the employee’s

occupation as a Department employee is a factor.

Exception: False and misleading statements allowed by law, including those made for investigative purposes such as those required to conduct an undercover investigation, are not considered to be misconduct and therefore do not fall within these categories.

829. MISCONDUCT NOT BASED ON ORIGINAL COMPLAINT. When a complaint neither based on nor directly related to the original complaint, is "sustained" and the classification of the original complaint is other than "sustained," a new Complaint Form, Form 01.28.00, shall be prepared recording the new allegations and investigative results. When the original complaint is "sustained," the new allegations shall be recorded as separate charges on the original complaint.

830. COMPLAINTS INVOLVING A USE OF FORCE.

830.05 COMPLAINT UNRELATED TO A NON - CATEGORICAL USE OF FORCE. When a complaint is unrelated to a Non-Categorical use of force, a Complaint Form, Form 01.28.00, shall be initiated immediately (e.g., an arrestee who alleges improper comments by officers transporting him/her to the station from the scene of use of force).

830.10 COMPLAINT RELATED TO A NON - CATEGORICAL USE OF FORCE. When a complaint is related to a Non-Categorical Use of Force (NCUOF), the investigating supervisor shall notify his or her watch commander or officer in charge (OIC) immediately. The watch commander or OIC shall assess the incident and determine if immediate notification to Internal Affairs Group (IAG) is required.

Consistent with policy, a public complaint shall be accepted from any source, including the subject of the use of force. If IAG does not respond and assume responsibility for investigating the incident as a personnel complaint, the supervisor shall complete a (public) Complaint Form, Form 01.28.00, in addition to the use of force investigation report. However, where a subject of force does not request to make a public complaint (i.e., unauthorized or excessive force) and there is no independent evidence of misconduct related to the force, any statements that materially differ, shall be addressed within the NCUOF investigation as a Level I investigation. Any separate allegations of misconduct unrelated to the NCUOF (e.g., biased policing discourtesy, unlawful search) shall be documented in a personnel complaint consistent with current policy. A complaint unrelated to unauthorized or excessive force does not require a reclassification of a Level II use of force investigation to a Level I.

Note: Versions of events that differ from one another do not necessarily amount to an



allegation of misconduct for purposes of determining preliminary investigative responsibility. In such cases, the supervisor should conduct a thorough use of force investigation and document the conflicting statements in accordance with NCUOF reporting guidelines.

Neither out-of-policy recommendations nor out-of-policy findings for the use of force automatically require a personnel complaint. Supervisors shall ensure the findings outcome is consistent with Department Manual Section 3/793, Adjudicating a Non-Categorical Use of Force Incident.

830.15 RECLASSIFICATION OF A LEVEL II USE OF FORCE INVESTIGATION TO A LEVEL I. When a public personnel complaint is generated (i.e., unauthorized or excessive force) prior to the final adjudication of a Level II Use of Force (UOF) incident by Critical Incident Review Division (CIRD), including complaints related to civil litigation, regardless of the source of the complaint, the Level II UOF investigation shall be redirected to the original investigating entity and reclassified as a Level I, consistent with Department Manual Section 4/245.11, Non-Categorical Use of Force Reporting Levels. Reclassification should be completed as soon as possible and can be directed by the commanding officer of the respective Area or bureau. In such cases, the investigating entity shall make every effort to complete a Level I investigation in accordance with Department Manual Section 4/245.11.

Note: When possible, all allegations of misconduct related to the same Non-Categorical Use of Force incident should be added to the original public personnel complaint. The investigating entity shall ensure the completed investigation is routed to the concerned Area/division commanding officer for adjudication.

831. DISPOSITION OF COMPLAINTS.

831.05 ADMINISTERING DISCIPLINARY ACTION. Disciplinary action shall be administered by the Chief of Police, or the designee of the Chief of Police, in cases other than those in which discipline is administered by the concerned employee's commanding officer. The commanding officer may administer discipline when the penalty of admonishment is appropriate, and the case does not involve the discharge of a firearm by a Department employee. In cases involving the discharge of firearms, where the approved penalty is divisional admonishment, the employee's commanding officer will administer discipline.

831.10 LETTER OF TRANSMITTAL. The Letter of Transmittal (LOT) shall be written using either the Short Form or the standard LOT formats, with the appropriate classification(s) used for misconduct allegations. Commanding officers shall familiarize themselves with the criteria for each classification and ensure LOTs are written to sufficiently address all allegations of misconduct raised by the complaintant(s) and support the recommended classifications and penalty.

Note: Non-Disciplinary complaints do not require an LOT. In order to comply with California Penal Code (CPC) Section 832.5, which prohibits inclusion into an officer’s personnel record for any portion of a public complaint determined to be “frivolous, unfounded, or exonerated,” LOTs shall be prepared in the following manner:

l When an LOT contains sustained allegations, the LOT shall be organized as follows: (1) Sustained, and any (2) Not Resolved, followed by a page break, then (3) all other classifications, followed by a page break, followed by the Administrative Insight, etc. In this manner, only a copy of those sections of the LOT discussing Sustained (or Sustained and Not Resolved)allegations will be placed into the concerned employee’s personnel record; and,

l The original LOT and supporting complaint investigation will be retained at Internal Affairs Group (IAG).



The LOT shall contain the following headings:

l Adjudication;l Allegation;l Classification;l Rationale;l Digital In-Car Video, Body Worn Video, and Other Video or Audio Recordings; l Employee Development Plan (This is particularly important for complaints with sustained

allegations, and may be used for Not Resolved or Insufficient Evidence to Adjudicate, if warranted.);

Note: The Employee Development Plan and the sections that follow shall be completed separately for each accused employee and separated from other accused employees to ensure confidentiality of an employee’s employment records upon Skelly service.

l Penalty;

Note: Penalty rationales shall reference the Penalty Guide and provide an explanation for any deviations.

l Work History Analysis (Not intended to recapitulate the TEAMS II, which is attached for each accused employee. This section is necessary only in cases of Not-Resolved and/or Sustained allegations in order to analyze a pattern of conduct.);

l Work Permit Review;l Relief from Duty Consideration;l Actions Taken; and,l Signature Page (separate page with a signature block for the commanding officer approving the

LOT).

Note: Refer to the Office of the Chief of Police Notice, Personnel Complaint Letter of Transmittal – Revised, dated September8, 2016, for heading explanations.

Note: As a reminder, any Downgrade/Deselection related to the allegations in the LOT is to be requested separately from the LOT in accordance with Manual Section 3/763.55. An LOT shall not include a recommendation for, or any additional information related to, a Downgrade/Deselection.

The LOT for Short Form complaints shall follow immediately after the investigation, using the following headings:

l Allegation;l Classification;l Rationale;l Digital In-Car Video, Body Worn Video, and Other Video or Audio Recordings;l Employee Development Plan;l Penalty;l Work History Analysis; and,l Action Taken.

In adjudicating a complaint of misconduct, the commanding officer may consider evidence of prior acts, irrespective of whether they were associated with a complaint investigation against the accused and irrespective of the resolution of such complaint, if relevant to the charges, such as, if tending to prove that the conduct charged is consistent with a pattern of conduct. Consideration of evidence of prior acts must be clearly articulated in the LOT and copies of evidence of such acts shall be provided to the employee at the time of service of the Complaint Adjudication Form (CAF), Form 01.28.05. If the



evidence of such acts is in a document other than a CAF, it shall be included as part of the addenda. If the evidence of such acts is in a CAF, a copy of the report(s) shall be forwarded with the Complaint Investigation to IAG.

Note: Evidence of prior acts may be noted in an Employee Comment Sheet, Form 01.77.00, Notice to Correct Deficiencies, Form Gen 78, Performance Evaluation Report or other documents.

Disposition of Duplicate Complaint. An LOT does not need to be completed in order to close a Complaint Investigation when the complaint is a duplicate of one referenced under a different CF number and no new issues of misconduct were raised.

Exception: When the complaint is a duplicate of one referenced under a different CF number and the new allegation(s) raised do not appear to require a separate investigation, this fact shall be discussed with the Commanding Officer, IAG, who shall determine whether “Duplicate” is an appropriate disposition or if a separate investigation should be conducted.

Requirement for Approval of Bureau Commanding Officer or Other Reviewing Officer. Commanding officers are not required to obtain concurrence of the bureau commanding officer or other reviewing officer for the disposition of a complaint and/or penalty. However, when administering a penalty of an admonishment or less, the concerned commanding officer shall cause the employee to review and sign the CAF. This does not preclude the Chief of Police from making a determination that a more serious penalty is warranted.

Responsibilities of Bureau Commanding Officer or other Reviewing Officer. Commanding officers or an authorized designee form the accused employee's bureau and/or group, and the Chief of Staff shall review the investigation, classification, rationale and administrative insight of all complaints completed under their command. The Commanding Officer or authorized designee shall ensure that all allegations raised by the complainant have been identified and addressed and that actions taken, recommendations made, and a response to the complainant were noted and copies of correspondence, other pertinent documents and/or addenda are attached. The reviewer shall endorse by signing the CAF, for each accused employee.

Any comments or recommendations either for approval or disapproval shall be placed under “Military Endorsement Rationale” on the reverse side of the CAF or documented within an Intradepartmental Correspondence, Form 15.02.00 and forwarded to the next level of review.

832. RECORDATION OF COMPLAINTS. The record and disposition of all complaints including Unfounded, Exonerated, and Non-Disciplinary complaints shall be maintained and accessible as part of the Department’s Training, Evaluation and Management System II (TEAMS II), Complaint Index, Form 01.80.00, or any similar system subsequently developed. The records for all complaints shall be retrievable based on current record retention policy from the date reported, and access to such records shall be through Internal Affairs Group on a case-by-case basis. Access to such complaint records shall be on a right-to-know/need-to-know basis.

Note: The office of the Inspector General has full and direct access to Disciplinary and Non-Disciplinary complaint records.

Only Disciplinary complaints in which allegations are Sustained, Not Resolved, or result in a guilty determination at a Board of Rights shall be attributed to the employee’s personnel record. All other complaint classifications (including those handled through the Alternative Complaint Resolution process) shall be filtered from view when the employee’s record is being reviewed for pending disciplinary adjudication. Not Resolved allegations shall also be filtered from view when the employee’s record is being reviewed for the following:

l Promotions;



l Pay grade increases;l Transfers; or,l Performance reviews.

Complaints classified and adjudicated as Non-Disciplinary shall not be attributed to the accused employee’s personnel record. These files shall be available for periodic inspection by the Department and the Board of Police Commissioners. Other complaint classifications (including those handled through the Alternative Complaint Resolution process) shall be filtered from view when the employee’s record is being reviewed for pending disciplinary adjudication.

833. RETENTION OF COMPLAINT INVESTIGATIONS. Only sustained Department complaints (one or more allegations are classified as “Sustained”, or public complaints where there is a combination of Sustained and Not Resolved allegations) will be filed in an employee’s personnel file. All complaints disposed of as other-than Sustained will be maintained in Internal Affairs Group files.

834. INTERNAL AFFAIRS GROUP DUTY ROOM REFERRALS. Upon receipt of a telephonic or electronic complaint, Internal Affairs Group duty room investigators shall:

l Complete a Complaint Form, Form 01.28.00, documenting the preliminary information and attach any related correspondence, documents, and statements;

l Telephonically notify the employee’s commanding officer;l Forward the Complaint Form and attachments to the Complaint Classifications Unit, Internal

Affairs Group, which will assign the Complaint Form to the appropriate division/Area for appropriate action; and,

l Mail a copy of the Complaint Form (with assigned CF #) to the complainant.

834.10 NOTIFICATION TO THE CHIEF OF POLICE. Internal Affairs Group shall, as soon as practicable after becoming aware of serious misconduct, verbally notify the Chief of Police.

835. INTERNAL AFFAIRS GROUP-SCOPE OF AUTHORITY. The Commanding Officer, Internal Affairs Group, has authority to take charge of an investigation of any act of censurable conduct when, in his/her opinion, it is advisable. The Commanding Officer, Internal Affairs Group, may act in a staff capacity and advise or assist in the investigation or assume the responsibility thereof when:

l Sufficient supervisory personnel to conduct the investigation are not available to the concerned commanding officer.

l Adequate investigation facilities are not readily available to the concerned commanding officer.l Personnel of more than one division/Area are involved.l The complaint or the investigation is of a nature that it would be impracticable for the

investigation to be conducted by the concerned commanding officer.l Investigation is being improperly conducted.l Complaints involve staff and command officers, except as directed by the Chief of Police.

At the conclusion of the investigation, the Commanding Officer, Internal Affairs Group, shall obtain a recommendation for the disposition of the case from the concerned commanding officer.



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Directive No. 8.2 August 2018

BATON

PURPOSE The purpose of this Directive is to familiarize officers with the use, nomenclature, and operation procedures of the Baton. PROTOCOL Whenever practicable, officers shall exercise de-escalation techniques to resolve potential use of force incidents and seek voluntary compliance from suspects/subjects. The courts have held that Less-Lethal force options are “capable of inflicting significant pain and may cause serious injury.” Therefore, consistent with the Department’s Use of Force Policy, Less-Lethal force options are only permissible when: An officer reasonably believes that a suspect or subject is violently resisting arrest or poses an immediate threat of violence or physical harm. Less-Lethal force options shall not be used for a suspect or subject who is passively resisting or merely failing to comply with commands. Verbal threats of violence or mere non-compliance do not alone justify the use of Less-Lethal force. An officer may use the Baton as a reasonable force option to control a suspect when the suspect poses an immediate threat to the safety of the officer or others. Officers shall also consider:

• The severity of the crime versus the governmental interest in the seizure; and,

• Whether the suspect was actively resisting arrest or attempting to evade arrest. The following do not alone justify the use of the Baton:

• Verbal threats of violence

• Mere non-compliance PROCEDURES If verbalization appears to be ineffective and/or an officer has a reasonable belief that the situation may escalate to a physical confrontation, the baton may be drawn as a show of force. Such action may de-escalate the situation.

Use of Force-Tactics Directive No. 8.2 Baton Page 2

However, the mere failure of verbalization to effect control of a suspect does not automatically warrant the use of a baton. As the suspect's actions vary, officers must constantly evaluate the situation and use objectively reasonable force. If officers encounter a self-mutilating or suicidal individual, the use of the baton may be a reasonable force option (based on the tactical scenario) to stop his or her actions. This will allow the individual to receive the needed emergency medical treatment. Crowd Control During crowd control situations, police officers may be required to physically engage individuals who exhibit conduct ranging from uncooperative to violent behavior. In these situations, it may be reasonable for officers to utilize physical force to move crowd members who do not respond to verbal directions, control violent individuals, or effect an arrest. There are no exceptions to the Department’s Use of Force Policy for crowd control situations. Officers may use only that force which is objectively reasonable. Verbalization should be used throughout the operation in an attempt to gain compliance. In determining the appropriate force, officers shall evaluate each situation in light of the facts and circumstances of each particular case, including but not limited to the seriousness of the crime(s), the level of threat or resistance presented by the individual(s), and the danger to the community. The baton may be used as a pushing tool to move individuals who do not respond to verbal commands or encroach upon officers on a skirmish line or who intentionally delay departure while officers attempt to disperse the crowd, whether or not a lawful dispersal order has been issued. When a crowd or an individual’s behavior is threatening or violent in nature, the baton can be used as an impact device. In determining the amount of force which is objectively reasonable, officers should also consider factors known to them that appear to be contributing to the crowd's conduct and actions. For example, if individuals are encroaching on a skirmish line, and officers reasonably believe that such conduct is the result of individuals in the rear of the crowd pushing forward, as opposed to intentional action by the persons at the front of the crowd, officers should factor such belief into their decision regarding the appropriate response and use of force. Use of Force Warning An officer shall, when feasible, give a verbal warning prior to using the Baton to control an individual. The warning is not required when an officer is attacked and must respond to the suspect’s actions. Additionally, if a tactical plan requires the element of surprise to stabilize the situation, a warning is not required. Examples of this would be a hostage situation or a subject threatening suicide. However, officers are reminded that the surprise/tactical element must still be needed at the actual time the Baton is used.


The verbal warning should include a command and a warning of potential consequences of the use of force. The command should be similar to “drop the weapon” or “stop what you are doing” followed by a warning similar to “or we may use the Baton, and that may cause you injury.” The use or non-use of the warning shall be documented. The Non-Categorical Use of Force Report, Form 01.67.05, Use of Force Summary heading shall include:

• The name of the officer giving the warning; and

• An explanation and appropriate justification for not using the warning. Statements that the “element of surprise was needed” or “for officer safety” reasons will not justify non-use of the warning. The explanation for non-use must:

• Clearly articulate why the element of surprise was needed;

• Explain in detail any officer safety considerations; and,

• List all pertinent reasons that justify why the warning was not provided.

The use of the warning, or the reasons for non-use of the warning will be factors considered in the determination whether the use of force was objectively reasonable. Reporting the Use of a Baton The use of a baton is a reportable use of force when the baton strikes the suspect. Supervisors shall photograph all visible and complained of injuries, even when evidence is not present. In a crowd control situation, a use of force report is not required when officers become involved in an incident where reasonable force is used against individuals who exhibit unlawful or hostile behavior and who do not respond to verbal directions by the police. The baton may be used to push individuals who do not respond to verbal commands and encroach upon officers on a skirmish line or who intentionally delay departure while officers attempt to disperse the crowd, whether or not a lawful dispersal order has been issued. When an individual’s behavior is threatening or violent in nature, the baton can be used as an impact device. This procedure will apply only to officers working in organized squad and platoon sized units directly involved in a crowd control mission. Additionally, should force be utilized under these circumstances, officers shall notify their immediate supervisor of the use of force once the tactical situation has been resolved. The supervisor shall report the actions in a format as directed by the incident commander.

Note: When an officer(s) becomes involved in an isolated incident with an individual during a crowd control situation, which goes beyond the mission of the skirmish line, a use of force report is required.


Target Areas When used as an impact device, baton contact should be directed to the areas of the body that will temporarily incapacitate the combatant and avoid contact to the body parts that could be potentially lethal. The primary baton striking or target areas are the bony areas of the body. The secondary striking or target areas are the chest and midsection. While the fluid nature of a violent confrontation may cause some difficulty with regard to effectively striking the recommended areas, officers should still make an effort to avoid striking the head, neck, throat, spine, kidneys, and groin areas to decrease the likelihood of causing serious injury. Medical Treatment

Any suspect struck with a baton during a reportable use of force shall be transported to a Department approved facility for medical treatment prior to booking. If a medical emergency exists, officers shall request a rescue ambulance to respond to the location.

DEFINITIONS Collapsible Baton: An expandable impact and control device consisting of three sections.

Expandable Side Handle Baton: An expandable impact and control device with a Yawara handle.

Side Handle Baton: An impact and control device with a Yawara handle.

Straight Baton: An impact and control device used by Metropolitan Division in crowd control situations.

Important Reminder

Deviation from these basic concepts sometimes occurs due to the fluid and rapidly evolving nature of law enforcement encounters and the environment in which they occur. Deviations may range from minor, typically procedural or technical, to substantial deviations from Department tactical training. Any deviations are to be explained by the involved officer(s), and justification for substantial deviation from Department tactical training shall be articulated and must meet the objectively reasonable standard of the Department’s Use of Force Policy.

Primary Target Areas

• Arms

• Hands

• Wrists

• Elbows

• Legs

• Knees

• Shins

092.50 USE OF FORCE REVIEW BOARD - RESPONSIBILITIES. The Use of Force

Review Board shall convene at the direction of the Chair of the Board and shall:

• Avail itself of any facilities of the Department necessary to conduct a complete

examination of the circumstances involved in the incident under investigation;

• Report its findings and recommendations to the Chief of Police; and,

• Upon adjournment, forward the Use of Force Internal Process Report, Form 01.67.01,

and other related reports to the Chief of Police.

Membership. The Use of Force Review Board shall be composed of the following:

• The Director, Office of Support Services, Chair;

• The involved employee's bureau commanding officer, as an ex-officio member;

• Peer member;

• Operations staff officer selected by the Director, Office of Operations; and,

• The Commanding Officer, Police Sciences and Training Bureau.

Note: The Director, Office of Support Services will select an alternate member when a conflict

arises.

Exception: When the involved employee is assigned to an organizational entity not subordinate

to a bureau commanding officer, the Director, Office of Operations shall appoint a staff officer

as an ad hoc member to fill the otherwise vacant position of the involved employee's bureau

commanding officer.

Peer member. A peer member of the same classification as the involved employee shall be

selected from a different bureau of assignment than the involved employee. The role of the peer

member is to provide the Board with insight at a level of expertise equal to the rank and tenure of

the involved employee. The Chair of the Use of Force Review Board shall select the peer

member from a standing pool of personnel. Prior to that selection, the Chair shall ensure that the

peer member selected has a clear understanding of the role. In addition, the chair shall ensure

that the member receives training in Use of Force Review Board responsibilities and functions.

Members shall be appointed to the pool as follows:

• Six members of the classification of Police Officer shall be designated by each

Operations Bureau commanding officer, the Director, Office of Support Services, and the

Director, Office of Operations;

• One member each of the classifications of Detective and Sergeant shall be designated by

each Operations Bureau commanding officer, and the Office of Support Services;

• One member of the classification of Lieutenant shall be designated by the Director,

Office of Support Services, and the Director, Office of Operations; and,

• One peer member from other classes shall be designated by the Chair as necessary.

During the time the Use of Force Review Board is convened, the selected peer member

shall be assigned to the Use of Force Review Board as his/her primary duty assignment.

Such assignment shall terminate upon adjournment of the Board. An employee's Use of

Force Review Board peer member pool standing shall terminate upon the direction of

his/her bureau commanding officer or upon his/her transfer from the bureau from which

he/she was designated.

Advisory Committee. The committee shall be comprised of the following ad hoc members for

technical expertise.

• Officer in Charge (OIC), Self Defense Unit, Training Division;

• The Commanding Officer, Use of Force Review Division;

• The Commanding Officer, Police Sciences and Training Bureau's;

• The Commanding Officer, Force Investigation Division (FID);

• The OIC, Tactics Unit, Training Division; and,

• The FID investigative team.

Special Duties-Chair. The Chair of the Use of Force Review Board shall, upon receipt, review

all investigation reports and convene the Board when the investigation involves:

• In custody death;

Note: When reviewing in-custody deaths of juveniles, the Chair of the Use of Force Review

Board shall ensure that Force Investigation Division has made the proper notification to the State

of California Board of Corrections.

• Death or serious injury resulting from police action except those reportable only as traffic

collisions;

Note: An injury shall be considered serious when the injury is substantial and requires

hospitalization.

• All head strikes with an impact weapon;

• All upper body control hold use of force incidents;

• Discharge of a firearm by sworn and/or security personnel; and,

• Any other incident involving the discharge of a firearm by a Department employee

which, in the judgment of the Chair, warrants review.

Exception: The Chair, Use of Force Review Board, may, at his or her discretion, choose not to

convene the Board in the following instances:

• Discharge of firearm incidents involving only the destruction of animals;

• Accidental discharge of firearm incidents not resulting in injuries AND occurring in the

presence of Department employees only AND not involving law enforcement action; and,

• In custody deaths where the cause of death is due to natural causes and there is no use of

force or procedural violation by a Department employee.

Involved Employee. Whenever an employee becomes involved in a reviewable use of force

incident, the employee directly involved may:

• Attend the Use of Force Review Board and observe the presentation of the case; and,

• Address the board on his or her behalf to personally present any relevant information,

with the approval of the Chair.

Office of the Inspector General. A representative from the Office of the Inspector General may

attend any Use of Force Review Board hearing and interview any hearing participant.

Reviewing Officer. The Chief of Police is the Reviewing Officer for all matters within the

purview of the Use of Force Review Board.

092.61 CARRYING A CONCEALED WEAPON BOARD (RETIREES).

Responsibilities. The Carrying a Concealed Weapon Board shall be responsible for denying or

revoking a retiree's privilege to carry a concealed weapon upon showing of just cause.

Membership. The Board shall be comprised of:

• The Commanding Officer, Police Sciences and Training Bureau, as Chair;

• A peer member, selected by the retired officer or the Los Angeles Police Protective

League; and,

• A Police Commission Hearing Officer.

Reviewing Officer. The Director, Office of Support Services is the Reviewing Officer for all

matters within the jurisdiction of the Carrying a Concealed Weapon Board (Retirees).

Directive No. 17 July 2018

40mm LESS-LETHAL LAUNCHER

PURPOSE The purpose of this Directive is to familiarize officers with the use, nomenclature, and operation procedures of the 40mm Less-Lethal Launcher (40mm LLL). PROTOCOL Whenever practicable, officers shall exercise de-escalation techniques to resolve potential use of force incidents and seek voluntary compliance from suspects/subjects. The courts have held that Less-Lethal force options are “capable of inflicting significant pain and may cause serious injury.” Therefore, consistent with the Department’s Use of Force Policy, Less-Lethal force options are only permissible when:

An officer reasonably believes that a suspect or subject is violently resisting arrest or poses an immediate threat of violence or physical harm.

Less-Lethal force options shall not be used for a suspect or subject who is passively resisting or merely failing to comply with commands. Verbal threats of violence or mere non-compliance do not alone justify the use of Less-Lethal force. An officer may use the 40mm LLL as a reasonable force option to control a suspect when the suspect poses an immediate threat to the safety of the officer or others. Officers shall also consider:

• The severity of the crime versus the governmental interest in the seizure; and

• Whether the suspect was actively resisting arrest or attempting to evade arrest. The following do not alone justify the use of the 40mm LLL:


• Mere non-compliance The 40mm LLL shall not be used to target the head, neck, face, eyes, or spine unless lethal force is authorized.

Use of Force - Tactics Directive No. 17 40mm Less-Lethal Launcher Page 2 The 40mm Less-Lethal Launcher may be used in crowd control situations against a single subject/suspect as a target-specific less-lethal option.

Officers shall inspect the ammunition and the holder to ensure only 40mm eXact iMpact ammunition is utilized.

PROCEDURES

The minimum recommended deployment range for the 40mm LLL is five feet, while the effective deployment range is up to 110 feet. Officers should always consider weapon retention principles when deploying the 40mm LLL to prevent a subject/suspect from gaining control of the launcher. When officers realize the need for a 40mm LLL, they should broadcast, “Code Sam-40.”

If tactically and environmentally feasible, the 40mm LLL officer should deploy the launcher from a position of cover with a designated cover officer. The 40mm LLL officer alerts other officers when he/she is ready to fire by shouting or broadcasting, “40mm Ready!” The primary officer gives the clear to fire signal by shouting or broadcasting, “40mm, Standby!” This alerts the officers at the scene that the firing of the 40mm LLL is about to occur. When firing the 40mm LLL, officers should assess the effectiveness of each round fired. The effectiveness of the 40mm eXact iMpact round is based on the energy at impact. Therefore, the round may have little or no effect on a subject/suspect who:

• Has a large body mass;

• Is wearing heavy clothing/body armor;

• Is under the influence of drugs; or

• Is in an altered state and cannot feel the impact of the sponge round.

If shots to the navel area or belt line do not appear to be effective, then a leg, arm or hand may be a viable alternative target. If control is not achieved and/or it appears that the 40mm eXact iMpact round is not effective, even after changing target areas, the officers must assess the viability of an alternate force option. Additionally, officers should continue to assess the suspect’s actions and the effectiveness of each force option used.

Tactical Considerations

• Size of suspect versus size of officer

• Clothing

• Altered mental state (may not be effective)

• Any known history of mental illness

• Age and/or physical condition of the suspect

• Suspect’s access to weapons

• Suspect’s ability to retreat or escape

• Bystanders’ involvement

• Availability of back-up officers (Can suspect be distracted until other units arrive?)

• Background/Foreground (What is behind/in front of the suspect?)

• Officers should maintain distance from the suspect

Use of Force - Tactics Directive No. 17 40mm Less-Lethal Launcher Page 3 If officers encounter a self-mutilating or suicidal individual, the use of the 40mm LLL may be a reasonable force option (based on the tactical scenario) to stop his/her actions and afford the individual the opportunity to receive the needed medical treatment. Generally, officers should not deploy the 40mm LLL at a fleeing suspect. Officers should pursue and attempt to contain the suspect, while continually assessing the situation and considering the most appropriate tactical plan. Additionally, officers should avoid deploying the 40mm LLL on individuals who:

• Are on an elevated or unstable surface which could cause a fall that could result in a significant impact injury;

• Are operating or riding any mode of transportation; or

• Are known to be pregnant, under 12 years of age, elderly or visibly frail. The 40mm LLL is not a substitute for deadly force. When conducting a building search for a suspect who may be armed, standard firearms must be deployed. Having a 40mm LLL along with other force options during the search, will provide officers with different options should the situation change.

Use of Force Warning An officer shall, when feasible, give a verbal warning prior to using the 40mm LLL to control an individual. The warning is not required when an officer is attacked and must respond to the suspect’s actions. Additionally, if a tactical plan requires the element of surprise to stabilize the situation, a warning is not required. Examples of this would be a hostage situation or a subject threatening suicide. However, officers are reminded that the surprise/tactical element must still be needed at the actual time the 40mm LLL is fired. The verbal warning should include a command and a warning of potential consequences of the use of force. The command should be similar to “drop the weapon” or “stop what you are doing” followed by a warning similar to “or we may use the 40mm, and that may cause you injury.” The use or non-use of the warning shall be documented. The Non-Categorical Use of Force Report, Form 1.67.05, Use of Force Summary heading shall include:




• Explain in detail any officer safety considerations; and


Use of Force - Tactics Directive No. 17 40mm Less-Lethal Launcher Page 4 The use of the warning, or the reasons for non-use of the warning will be factors considered in the determination whether the use of force was objectively reasonable. Tactical Discharges Tactical discharges (disabling lights, breaking out windows, etc.) are allowed, but are not recommended, as they may cause secondary, unintended impacts. Before a tactical discharge is used to break a window, officers should consider that an individual may be behind the window and subject to impact by the 40mm round. Tactical discharges may be an effective option in limited circumstances. Officers must assess the situation after each tactical discharge, and if the launcher is not producing the desired effect, discontinue its use. Officers must be prepared to give the rationale behind their decision to fire the 40mm LLL as a tactical discharge. The reporting procedure for a tactical discharge is the same as a discharge that does not strike a person (Employee’s Report, Form 15.07.00). In the event the 40mm LLL is used for a tactical discharge, it should be communicated to all officers at scene prior to its use, for their situational awareness. Reporting The use of a 40mm LLL for any reason other than an approved training exercise shall be documented according to established Department procedures on the Non-Categorical Use of Force Report; however, when a 40mm LLL is fired and the round does not strike a person, a use of force report is not necessary and an Employee’s Report, Form 15.07.00, should be completed to document the incident. Supervisors shall obtain photographs of all visible and complained of injuries, even when evidence of injury is not present. Medical Treatment Any person struck with a 40mm eXact iMpact round shall be transported to a Department-approved facility for medical treatment prior to booking. The person should be carefully monitored for signs of distress. If a medical emergency exists, officers shall request a rescue ambulance to respond to their location.

DEFINITIONS 40mm Less-Lethal Launcher: A tactical single-shot launcher configured with a green stock and pistol grip, a rifled barrel, picatinny rail mounting system and Department- approved optics. The color green is used to signify that the 40mm launcher is for the 40mm eXact iMpact round only. Code Sam-40: The radio code used to broadcast a request for a 40mm LLL.

Use of Deadly Force: Training and Policies Pursuant to Senate Bill No. 230

1. A requirement that officers utilize de-escalation techniques, crisis intervention tactics, and other alternatives to force when feasible. Department Manual Volume 1/556.10 – Policy on Use of Force (Revised) Use of Force Directive – Tactical De-escalation Training Bulletin – Tactical Disengagement

2. A requirement that an officer may only use a level of force that they reasonably believe is proportional to the seriousness of the suspected offense of the reasonably perceived level of actual or threatened resistance. Department Manual Volume 1/556.10 – Policy on Use of Force (Revised)

3. A requirement that officers report potential excessive force to a superior officer when present and observing another officer using force that the officer believes to be beyond that which is necessary, as determined by an objectively reasonable officer under the circumstances based upon the totality of information actually known to the officer. Department Manual Volume 1/556.10 – Policy on Use of Force (Revised)

4. Clear and specific guidelines regarding situations in which officers may or may not draw a firearm or point a firearm at a person Department Manual Volume 1/556.10 – Policy on Use of Force (Revised)

5. A requirement that officers consider their surroundings and potential risks to bystanders, to the extent reasonable under the circumstances, before discharging a firearm. Department Manual Volume 1/556.10 – Policy on Use of Force (Revised)

6. Procedures for the filing, investigation, and reporting of citizen complaints regarding use of force incidents. Department Manual Volume 3/406.30 – California Public Records Act (Revised)

7. Procedures for the filing, investigation, and reporting of citizen complaints regarding use of force incidents. Department Manual Volume 3/810 – 834 Complaints Guidelines for Accepting Public Complaints

8. A requirement that an officer intercede when present and observing another officer using force that is clearly beyond that which is necessary, as determined by an objectively reasonable officer under the circumstances, taking into account the possibility that other officers may have additional information regarding the threat posed by a subject. Department Manual Volume 1/210.46 – Employees Duty to Report Misconduct Department Manual Volume 1/556.10 – Policy on Use of Force (Revised) California Police Officer Standards and Training – Learning Domain 20

9. Comprehensive and specific guidelines regarding approved methods and devices available for the application of force. BolaWrap Remote Restraint Device – Pilot Program Use of Force Tactical Directive – Hobble Restraint Device Use of Force Tactical Directive – Electronic Control Device TASER Use of Force Tactical Directive – 40mm Les-Lethal Launcher Use of Force Tactical Directive – Baton Use of Force Tactical Directive – Oleoresin Capsicum Use of Force Tactical Directive – Beanbag Shotgun Training Bulletin – Weapons Other Than Firearms

10. An explicitly stated requirement that officers carry out duties, including use of force, in a manner that is fair and unbiased. Department Manual Volume 1/340-345 – Equality of Enforcement and Policy Prohibiting Biased Policing Department Manual Volume 1/556.10 – Policy on Use of Force (Revised)

11. Comprehensive and specific guidelines for the application of deadly force. Department Manual Volume 1/556.10 – Policy on Use of Force (Revised)

12. Comprehensive and detailed requirements for prompt internal reporting and notification regarding a use of force incident, including reporting use of force incidents to the Department of Justice in compliance with Section 12525.2. Department Manual Volume 3/794 – Investigative Responsibilities of Officer Involved Shootings, Custodial and In-Custody Deaths, and Use of Force Incidents Resulting in Injury. Department Manual Volume 4/245.05 – Categories and Investigative Responsibilities for Use of Force Department Manual Volume 4/245/10 – Reporting a Non-Categorical Use of Force Incident Department Manual Volume 4/245.30 – Reporting Uses of Force to the Department of Justice (New)

13. The role of supervisors in the review of use of force applications. Department Manual Volume 4/245.10 – Reporting a Non-Categorical Use of Force Incident

14. A requirement that officers promptly provide, if properly trained, or otherwise promptly procure medical assistance for person injured in a use of force incident, when reasonable and safe to do so. Training Bulletin – Rendering Medical Aid (Revised)

15. Training standards and requirements relating to demonstrated knowledge and understanding of the law enforcement agency’s use of force policy by officers, investigators, and supervisors.

16. Training and guidelines regarding vulnerable populations, including, but not limited to, children, elderly persons, people who are pregnant, and people with physical, mental, and developmental disabilities.

17. Comprehensive and specific guidelines under which the discharge of a firearm at or from

a moving vehicle may or may not be permitted. Department Manual Volume 1/556.10 – Policy on Use of Force (Revised)

18. Factors for evaluating and reviewing all use of force incidents. Department Manual Volume 2/092.50- Use of Force Review Board Responsibilities Department Manual Volume 3/792 – Adjudication of Categorical use of Force Incidents Department Manual Volume 3/793 – Adjudication of Non-Categorical Use of Force Incidents

19. Minimum training and course titles required to meet the objectives in the use of force policy.

20. A requirement for the regular review and updating of the policy to reflect developing practices and procedures. Department Manual Volume 2/093.96 – Tactics Training Review Committee (Revised)

792. ADJUDICATION OF CATEGORICAL USE OF FORCE INCIDENTS. This section can also be found on LAPD Local Area Network (LAN) under the TacOps tab on the home page.

792.05 DEFINITIONS

Categorical Use of Force: A CUOF is defined as:

· An incident involving the use of deadly force (e.g., discharge of a firearm) by a Department employee;· All uses of an upper body control hold by a Department employee, including the use of a modified carotid, full carotid or locked carotid hold;· All deaths while the arrestee or detainee is in the custodial care of the Department (also known as an In· A use of force incident resulting in death;· A use of force incident resulting in an injury requiring hospitalization, commonly referred to as a law enforcement related injury or LERI;· All intentional head strikes with an impact weapon or device (e.g., baton, flashlight, etc.) and all unintentional (inadvertent or accidental) head strikes that results in serious bodily injury, hospitalization or death;

Note: Serious bodily injury, as defined in California Penal Code Section 243(f)(4), includes, but is not limited to, the following:

· Loss of consciousness;· Concussion;· Bone fracture;· Protracted loss or impairment of function of any bodily member or organ;· A wound requiring extensive suturing; and, · Serious disfigurement.

· All other unintentional head strikes shall be investigated as Level I NCUOF incidents; · Officer-involved animal shootings and non-tactical unintentional discharges; · An incident in which a member of the public has contact with a Department canine and hospitalization is required. Under Department policy, a canine contact is not a use of force but has been included in this category to satisfy the provisions of the Consent Decree; and, · Incidents where the Department has agreed to conduct similar critical incident investigations for

Department Arson Unit.

Substantially Involved: The term “substantially involved” includes the employee(s) applying force or who had a significant tactical or decision making role in the incident.

72–Hour Brief: The briefing for the Chief of Police (COP) and other concerned command staff regarding the preliminary information about a CUOF incident.

General Training Update: Standardized training provided by Training Division personnel, to personnel involved in a CUOF incident. The General Training Update is not an inquiry into the specific details of the CUOF. The intent of the update is to provide involved personnel with standardized training material in the tactical issues and actions readily identified in the CUOF incident as well as an update on the Use of Force policy. Training should be provided as soon as practicable.

Note: Refer to Department Manual Section 3/796.35 for requirements for the General Training Update.

Tactical Debrief: The collective review of an incident to identify those areas where actions and decisions were effective and those areas where actions and decisions could have been improved. The intent of a Tactical Debrief is to enhance future performance. The Tactical Debrief is conducted by the Categorical Use of Force Debrief Facilitator.

Categorical Use of Force Debrief Facilitator: A Categorical Use of Force Debrief Facilitator must be a Department recognized expert appointed by the COP to conduct the Tactical Debrief of involved personnel.

Accidental Discharge: The unintentional discharge of a firearm as a result of an accident such as a firearmoperator error.

Administrative Disapproval - Negligent Discharge: Finding, where it was determined that the unintentional discharge of a firearm resulted from operator error, such as the violation of a firearm safety rule.

Unintentional Discharge: The unintentional discharge of a firearm regardless of cause. Unintentional discharges are evaluated then determined to be

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Discharges” or “Negligent Discharges.”

Drawing and Exhibiting and/or Use of Force - Administrative Disapproval - Out of Policy: Finding, supported by a preponderance of the evidence, that the actions of the employee relative to drawing and exhibiting a firearm or use of force were not within the Department

Drawing and Exhibiting and Use of Force - In-Policy – No Further Action: Finding, supported by a preponderance of the evidence that the actions of the employee relative to drawing and exhibiting a firearm or use of force were within the Department’s policies.

Tactics - Administrative Disapproval: A finding, supported by a preponderance of the evidence that the tactics employed during a CUOF incident unjustifiably and substantially deviated from approved Department tactical training.

Tactics – Standard Debrief: A finding that no action beyond the Tactical Debrief and General Training Update is needed.

Extensive Retraining: Formal training on identified areas or concerns completed by Training Division, subsequent to a finding of Administrative Disapproval on Tactics or Administrative Disapproval - Out of Policy on Drawing and Exhibiting or Use of Force.

792.06 CATEGORICAL USE OF FORCE INVESTIGATION ADMINISTRATIVE STATUTE DEADLINE. is properly reviewed and adjudicated in a timely manner, the Chief of Police shall submit all CUOF recommended administrative findings to the Board of Police

Commissioners (BOPC) by administrative statute deadline, which is 60 calendar days prior to the administrative statute date. The statute date is either one year from the date the CUOF incident is reported to a Department supervisor or the the amended statute date if the statute date is tolled. If the statute date is amended due to tolling, the Commanding Officer (CO), Critical Incident Review Division (CIRD), shall provide the BOPC with the amended statute date.

CRITICAL INCIDENT REVIEW DIVISION’S RESPONSIBILITIES. When Force Investigation Division (FID) completes its investigation, CIRD shall conduct a review and cause a Use of Force Review Board (UOFRB) to be convened in accordance with Department Manual Section 2/092.50, Responsibilities. The UOFRB will submit its recommendations to the Chief of Police. The Chief of Police will submit correspondence to the BOPC, detailing the recommended administrative findings by the administrative statute deadline, unless sufficient cause exists for an extension of that deadline.

Grounds for such extension are as follows:

· The FID investigation has not been completed within 125 calendar days prior to the administrative statute date, causing delay in the review and UOFRB process; or,

· Critical Incident Review Division; the Director, Office of Support Services; or the Chief of Police identifies a need for additional or supplemental investigation.

When a delay is anticipated, the CO, CIRD, shall provide the BOPC with an explanation for the extension and an estimated completion date.

792.10 PROCEDURE

Categorical Use of Force Adjudication Findings. Tactics, drawing and exhibiting a firearm, and use of force shall be evaluated during the CUOF adjudication process. The Use of Force Review Board (UOFRB) shall convene and evaluate the CUOF incident. The Use of Force Review Board shall make recommendations to the COP. The Chief of Police shall evaluate the CUOF incident and report his/her recommendations to the Board of Police Commissioners (BOPC). The Board of Police Commissioners will evaluate the CUOF incident and make findings consistent with the following:

Adjudication Area Finding

Tactics

Standard Debrief Tactical Debrief and additional training if needed

Administrative Disapproval

Tactical Debrief and one or more of the following:

§§§

In policy – No Further Action Tactical Debrief

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792.15 Tactical Debrief. A Tactical Debrief shall be conducted for all CUOF incidents within 90 calendar days of the conclusion of the BOPC review process.

During the adjudication process, the UOFRB, COP, and BOPC may identify areas of conduct that should be included during the Tactical Debrief. After the adjudication, Critical Incident Review Division (CIRD) shall compile the list of issues to be debriefed and provide it to the CUOF Debrief Facilitator.

The Categorical Use of Force Debrief Facilitator shall conduct the Tactical Debrief with the personnel involved in the CUOF incident. Debrief Facilitator shall be responsible for presenting the fact pattern of the case and leading a facilitated discussion on the training, tactics, force, and leadership issues applicable to the incident. The Categorical Use of Force Debrief Facilitator will present those tactical practices identified by the adjudication process as and “lessons learned” so that future practices, policies, or procedures can be enhanced. The Tactical Debrief shall provide training in the areas of drawing and exhibiting a firearm and use of force.

Note: The Commanding Officer, CIRD, shall coordinate the Tactical Debrief Facilitation process.

The Tactical Debrief analysis will be summarized on an Intradepartmental Correspondence, Form 15.02.00, and forwarded within 21 days to CIRD, Training Division, and Force Investigation Division to collect and analyze the results to further enhance adjudication, training, and critical incident investigations.

Note: The intent of the Tactical Debrief analysis is to review and analyze Department-wide training, practices, policies and procedures. The Tactical Debrief analysis shall not focus on or document findings, recommendations, or analysis of individual employees or the incident.

In some circumstances, the UOFRB, COP, or BOPC may identify additional specific individual training needs for employees not identified during the 72In those cases, training shall be provided in addition to the Tactical Debrief. The intent of the additional training is to enhance future performance and is not to be considered punitive.

The Categorical Use of Force Debrief Facilitator shall ensure that the Tactical Debrief is recorded on the involved employeescreate a Training Management System code for the Tactical Debrief.

792.20 Administrative Disapproval (Tactics, Drawing and Exhibiting or Use of Force). When the UOFRB recommends or the COP finds that an employeeactions (tactics, drawing and exhibiting, or use of force) should be classified as “Administrative Disapproval,recommended remedial actions and state why they expect that the remedial actions will reduce the risk of the officer repeating the disapproved behavior. Such remedial actions may include:

· Completion of Extensive Retraining;; · Notice to Correct Deficiencies; and/or, · Personnel Complaint.

When the BOPC concurs that a finding of Administrative Disapproval is appropriate, the matter will be referred back to the Department for the appropriate remedial

Drawing and Exhibiting the Firearm Administrative Disapproval - Out Of Policy


§§§

Use of Force

In policy – No Further Action Tactical Debrief

Administrative Disapproval - Out of Policy


§§§

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action as delineated above.

In instances where the BOPC does not adopt the recommendations of the COP regarding tactics, drawing and exhibiting, or use of force, the BOPC will provide a written rationale for the finding. The findings of the BOPC are final in the CUOF administrative adjudication process.

Note: This Directive does not affect the right of grievance, Boards of Rights or other legal remedies or appeals processes.

792.25 Unintentional Discharges. Although the BOPC will continue to evaluate and make findings relative to unintentional discharges, unintentional discharges are no longer evaluated as intentional uses of deadly force incidents.

The tactics and drawing and exhibiting of the firearm may be evaluated if the unintentional discharge occurred during a tactical event. However, the unintentional discharge of any firearm by a Department employee will be evaluated and determined to be either Accidental or Administrative Disapproval

Actions taken by the Department for Administrative Disapproval – “Negligent Discharges” include:

· Completion of Extensive Retraining;· Notice to Correct Deficiencies; and/or,· Personnel Complaint.

792.30 Application

Tactical Debrief. To ensure continued improvement, training must be positively offered and accepted. Tactical Debriefs will emphasize the Department practices of preplanning, rehearsing, performing, and debriefing critical incidents to enhance future performance. Furthermore, this adjudication protocol recognizes that all tactical events can be improved and the Tactical Debrief is the most appropriate vehicle to facilitate that continued improvement. Finally, the objective, expert analysis of every situation reinforces, improves, or develops tactical excellence.

Administrative Findings. Findings of Administrative Disapproval no longer automatically result in the initiation of a personnel complaint. In certain circumstances, it may be appropriate for the Department to initiate a personnel complaint. Those instances may include when routine training clearly would not be appropriate or has already been provided and proven ineffective or the employee intentionally disregarded policy or procedure. The revised adjudication process also allows the Department to use whatever means are reasoned to most likely ensure future compliance with policy and/or procedure. In some cases, a remedial training program may be appropriate when the employee clearly displayed a lack of aptitude or understanding of the circumstances resulting in a CUOF incident.

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Directive No. 6.3 July 2018

BEANBAG SHOTGUN

PURPOSE The purpose of this Directive is to familiarize officers with the use, nomenclature, and operation procedures of the Beanbag Shotgun. PROTOCOL Whenever practicable, officers shall exercise de-escalation techniques to resolve potential use of force incidents and seek voluntary compliance from suspects/subjects. The courts have held that Less-Lethal force options are “capable of inflicting significant pain and may cause serious injury.” Therefore, consistent with the Department’s Use of Force Policy, Less-Lethal force options are only permissible when:


Less-Lethal force options shall not be used for a suspect or subject who is passively resisting or merely failing to comply with commands. Verbal threats of violence or mere non-compliance do not alone justify the use of Less-Lethal force. An officer may use the Beanbag Shotgun as a reasonable force option to control a suspect when the suspect poses an immediate threat to the safety of the officer or others. Officers shall also consider:


• Whether the suspect was actively resisting arrest or attempting to evade arrest. The following do not alone justify the use of the Beanbag Shotgun:


• Mere non-compliance The Beanbag Shotgun may be used in crowd control situations against a single subject/suspect as a target-specific less-lethal option.

Use of Force - Tactics Directive No. 6.3 Beanbag Shotgun Page 2 Only sock round ammunition is to be used in the Beanbag Shotgun. Buckshot and shotgun slugs should not be used. Officers shall inspect the ammunition and the holder to ensure only sock round ammunition is available. PROCEDURES

For tactical and weapon retention purposes, the recommended deployment range for the Beanbag Shotgun is five feet to 45 feet. When officers realize the need for a Beanbag Shotgun, they should request one by broadcasting a “Code Sam.”

If tactically and environmentally feasible, the Beanbag Shotgun should be deployed from a position of cover with a designated cover officer. Officers need to be mindful of the distance to the suspect so that the suspect is not in a position to grab the barrel of the shotgun. The Beanbag Shotgun officer alerts other officers when ready to fire by shouting or broadcasting, “Beanbag Ready!” The primary officer gives the clear to fire signal by shouting or broadcasting, “Beanbag, Standby!” This alerts the officers at the scene that the firing of the Beanbag Shotgun is imminent. When firing the Beanbag Shotgun, the officer should assess the effectiveness of

every round. The effectiveness of the sock round is based on the energy at impact. Therefore, the round may have little or no effect on a suspect who has a large body mass, is wearing heavy clothing or body armor, is under the influence of drugs, or is in a state of mind which prevents the suspect from feeling the impact of the round. If shots to the navel area or belt line do not appear to be effective, possibly due to body armor or heavy clothing, then a leg, arm or hand may be a viable alternative target. If control is not achieved and it appears that the sock round is not effective, even after changing target areas, the officers must assess the viability of an alternate force option. Additionally, officers should continue to assess the suspect’s actions and the effectiveness of each force option used. If officers encounter a self-mutilating or suicidal individual, the use of the Beanbag Shotgun may be a reasonable force option (based on the tactical scenario) to stop his or her actions. This will allow the individual to receive the needed emergency medical treatment.


• Size of suspect versus size of officer

• Clothing

• Altered mental state

• Any known history of mental illness

• Age and/or physical condition of the suspect

• Suspect’s access to weapons

• Suspect’s ability to retreat or escape

• Bystanders’ involvement

• Availability of back-up officers (Can suspect be distracted until other units arrive?)

• Background (What is behind the suspect?)

• Officers should maintain distance from the suspect

Use of Force - Tactics Directive No. 6.3 Beanbag Shotgun Page 3 Generally, officers should not shoot the Beanbag Shotgun at a fleeing suspect. Officers should pursue and attempt to contain the suspect, while continually assessing the situation and considering the most appropriate tactical plan. The Beanbag Shotgun is not a substitute for deadly force. When conducting a building search for a suspect who may be armed, standard firearms must be deployed. Having a Beanbag Shotgun available with the search team will allow additional force options if the situation changes. Use of Force Warning An officer shall, when feasible, give a verbal warning prior to using the Beanbag Shotgun to control an individual. The warning is not required when an officer is attacked and must respond to the suspect’s actions. Additionally, if a tactical plan requires the element of surprise to stabilize the situation, a warning is not required. Examples of this would be a hostage situation or a subject threatening suicide. However, officers are reminded that the surprise/tactical element must still be needed at the actual time the Beanbag Shotgun is fired. The verbal warning should include a command and a warning of potential consequences of the use of force. The command should be similar to “drop the weapon” or “stop what you are doing” followed by a warning similar to “or we may use the Beanbag Shotgun, and that may cause you injury.” The use or non-use of the warning shall be documented. The Non-Categorical Use of Force Report, Form 1.67.05, Use of Force Summary heading shall include:






The use of the warning, or the reasons for non-use of the warning will be factors considered in the determination whether the use of force was objectively reasonable. Tactical Discharges Tactical discharges (disabling lights, breaking out windows, etc.) are allowed, but are not recommended due to the fact that they may cause secondary impacts. Before a tactical discharge is used to break a window, officers should consider that an individual may be behind the window. Tactical discharges may be an effective option in limited circumstances. The Beanbag Shotgun is generally not effective against tinted car

Use of Force - Tactics Directive No. 6.3 Beanbag Shotgun Page 4 windows or streetlights. Officers must assess the situation after each tactical discharge, and if the weapon is not effective, consider other options. Officers must be prepared to give the rationale behind their decision to fire. The reporting procedure for a tactical discharge is the same as a discharge that does not strike a person. In the event the Beanbag Shotgun will be used for a tactical discharge, it should be communicated to all officers at scene. Reporting The use of a Beanbag Shotgun for any reason other than an approved training exercise shall be documented according to established Department procedures on the Non-Categorical Use of Force Report; however, when a Beanbag Shotgun is fired and the round does not strike a person, a use of force report is not necessary and an Employee’s Report, Form 15.07.00, should be completed to document the incident. Supervisors shall obtain photographs of all visible and complained of injuries, even when evidence of injury is not present. Medical Any person struck with a sock round shall be transported to a Department-approved facility for medical treatment prior to booking. The person should be carefully monitored for signs of distress. If a medical emergency situation exists, officers shall request a rescue ambulance to respond to their location. DEFINITIONS Beanbag Shotgun: A Remington 870 shotgun which has been configured with a green slide handle and stock, rifled barrel, and side saddle ammunition holder. The color green is used to signify that the shotgun is for the sock round only, not lethal munitions. Code Sam: When officers realize the need for a Beanbag Shotgun, they should request one by broadcasting a “Code Sam.” They should also request a supervisor to respond. Officers should consider carrying the Beanbag Shotgun with them on calls where it may be needed to eliminate the delay of having to return to their vehicle or waiting for another unit to respond. Super-Sock Round (sock round): The Super-Sock round is a 12-gauge cartridge containing a shot-filled fabric bag. It can be identified by its clear plastic case containing a yellow fabric bag. These rounds are designed to be non-penetrating, and upon striking a target distribute energy over a broad surface area. Tactical Discharge: The firing of a weapon at an object to assist officers in a tactical situation, such as to knock out lighting or break windows.

793. ADJUDICATING A NON - CATEGORICAL USE OF FORCE INCIDENT.

793.05 COMMANDING OFFICER'S RESPONSIBILITY. Upon receipt of a Non-Categorical use of force investigation, the commanding officer shall:

• Utilize the Area/division Training Coordinator to evaluate the incident;• Contact subject matter experts (e.g., Training Division) to obtain additional information, as

needed;• Review all reports and make a recommendation on the disposition;• Sign the Use of Force Internal Process Report, Form 01.67.04; and,• Notify the employee of Use of Force Review Division final disposition as soon as practicable.

Non-Categorical use of force investigations shall be reviewed by Area/division commanding officers or the acting commanding officer within 14 calendar days of the incident. Investigations not reviewed within the 14-day time frame require a written explanation on the Non-Categorical Use of Force Internal Process Report (IPR). Upon Area/division commanding officer approval, the IPR shall be forwarded to the bureau immediately.

793.10 BUREAU COMMANDING OFFICER'S RESPONSIBILITY. Upon receipt of a Non-Categorical use of force investigation, the bureau commanding officer shall:

• Cross-staff with Internal Affairs Group (IAG) to determine if a related complaint investigation has been initiated regarding the use of force incident and, if so, take that information into consideration;

• Review all reports and make a recommendation on the disposition;• Sign the IPR;• Forward the IPR, with all related reports attached, to the Commanding Officer, Use of Force

Review Division, within seven calendar days of receipt; and, • Upon receipt of the disposition from Use of Force Review Division, notify the employee's

commanding officer of that disposition.

793.15 COMMANDING OFFICER, USE OF FORCE REVIEW DIVISION, RESPONSIBILITY. The Director, Office of Support Services, is the Department’s review authority for the administrative review of all use of force incidents. For Non-Categorical uses of force, that authority is generally exercised through the Commanding Officer, Use of Force Review Division, who shall:

• Review the Non-Categorical use of force investigation and all related reports to ensure compliance with Department policy and procedure;

• Approve or disapprove the recommended disposition and provide a written rationale for any finding that differs from that of the bureau commanding officer;

• Retain the original Non-Categorical Use of Force Internal Process Report and copies of all related reports; and,

• Forward a copy of the completed Internal Process Report to the bureau commanding officer.• If the Commanding Officer, Use of Force Review Division, requires further information prior

to adjudication, such a request shall be submitted to the employee's bureau commanding officer.

793.20 INCIDENTS INVOLVING MULTIPLE COMMANDS, MULTIPLE USES OF FORCE, MULTIPLE ADMINISTRATIVE INVESTIGATIONS OR TRAINING.

793.25 MULTIPLE COMMANDS INVOLVED. If officers from different commands (e.g., Gang and Narcotics Division and Hollenbeck Area) are involved in a single Non-Categorical use of force, only one commanding officer shall adjudicate the incident. Generally, an operational command should complete the use of force investigation and that same command should assume adjudicating responsibility. The commanding officer adjudicating the incident should discuss the adjudication


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with the other commanding officer(s). The next level of review shall be the adjudicating command's chain of command.

793.30 MULTIPLE USES OF FORCE. When multiple uses of force occur during a single incident, each use of force must be identified and evaluated separately. In such cases, there may be varying dispositions for each use of force (e.g., the baton strike was in policy, but the front kick was out of policy). In these instances, each level of review shall complete an attached narrative identifying and classifying each separate use of force. The most serious classification (e.g., Administrative Disapproval), shall be indicated on the face sheet of the Internal Process Report.

793.35. USE OF FORCE INVOLVING A PURSUIT OR TRAFFIC COLLISION. On occasion, a use of force will occur in conjunction with a pursuit or employee-involved traffic collision, each of which requires an on-scene administrative investigation by a supervisor. In such cases, the same uninvolved supervisor may conduct each of the administrative investigations and prepare the required administrative reports.

When a use of force, pursuit and/or traffic collision are involved, they shall be reviewed together through the process for reviewing Non-Categorical uses of force. The Commanding Officer, LAD, must coordinate his/her determination with the staff officer responsible for final determination of the related administrative investigation(s). This includes providing sufficient information to facilitate their record-keeping responsibilities.

793.40 RECORDATION OF TRAINING. In cases where formal training is directed as the result of a use of force review (i.e., any training provided by Police Services and Training Bureau, Training Division shall enter all completed training into the Training Evaluation and Management System II (TEAMS II). All other forms of directed training (e.g., divisional training) shall be entered into TEAMS II by the employee’s Area/division. In all cases, the corresponding administrative file number (usually the DR number) shall be included in the TEAMS II entry.

793.45 RECORDING SUPPLEMENTAL INFORMATION. When additional information is discovered prior to completion of the use of force investigation, that information shall be incorporated into the report with the date, time and circumstances under which the supplemental information was received. However, on occasion, supplemental information is obtained after the use of force investigation has been completed. When that occurs, the following procedure shall apply:

Prior to Adjudicating the Use of Force. When supplemental information is obtained prior to adjudicating the use of force, that information shall be added to the use of force investigation via an Employee’s Report, Form 15.07.00 and considered in conjunction with the original report.

After a Complaint Has Been Initiated. When a complaint has been initiated, supplemental information shall be reported in writing to the assigned investigator(s) via Intradepartmental Correspondence, Form 15.02.00.

After Adjudicating a Use of Force, No Complaint Initiated. When a use of force has been adjudicated and no complaint was initiated, the supplemental information shall be included on a Form 15.02.00 and considered by the chain of command reviewing the original use of force.

The document containing the supplemental information shall be attached to and retained with the initial use of force investigation (e.g., original retained by LAD, copies retained by the involved employee’s bureau and Area/specialized division commanding officer).

(See also Initiating a Complaint Investigation Involving a Use of Force Manual Section 3/830).

794. INVESTIGATIVE RESPONSIBILITY OF OFFICER INVOLVED SHOOTINGS, CUSTODIAL AND IN - CUSTODY DEATHS, AND USE OF FORCE INCIDENTS RESULTING IN INJURY.



794.01 SERIOUS INJURY DEFINED. For the purpose of this section, an injury shall be considered serious when there is a substantial possibility that a person will die as a result of the injury.

794.02 SIGNIFICANT INJURY DEFINED. For the purpose of this section, a significant injury is defined as an injury, other than a traffic collision-related injury, which requires the individual to be admitted to a hospital for treatment or observation.

794.10 CATEGORICAL USE OF FORCE INVESTIGATIONS. Force Investigation Division (FID) is responsible for investigating all aspects of Categorical Use of Force (CUOF) incidents (except as detailed below) and any other investigation at the direction of the Chief of Police (COP).

Force Investigation Division is also responsible for investigating CUOF and/or Non-Categorical Use of Force (NCUOF) incidents where the Department has agreed to conduct similar critical incident investigations for non-Department entity, such as a Los Angeles Fire Department Arson Unit, Los Angeles World Airport Police and other non-City entities (e.g., UCLA/USC Police Department, and Cal State University Northridge, Department of Police Services).

In-Custody Deaths (ICD). Force Investigation Division shall complete a CUOF In-Custody Death (ICD) investigation in all cases where there is a death of any

arrestee or detainee in the custodial care of the Department unless all of the following conditions exist:

· The Los Angeles County Coroner makes a preliminary determination that the death was caused by natural, accidental or undetermined means;

· The incident did not involve a use of force or evidence of foul play;· There is no misconduct;· The investigation reveals that there were no violations of Department policies and

procedures which directly led to the death;· The toxicology report supports the Coroner’s determination; and,· The investigation reveals no problematic evidence or seriously-conflicting witness

statements regarding the incident.

When all of these aforementioned circumstances exist, the assigned FID investigator shall review the investigation with his/her section lieutenant and receive approval to close out the incident as a death report on the Death Investigation Report, Form 03.11.00, consistent with existing Department procedures.

After the approval to reclassify the ICD is provided by the section lieutenant, the assigned FID investigator shall:

· Complete an extensive Follow-Up Investigation Report, · Form 03.14.00, thoroughly documenting the investigative efforts and its completion;· Complete an Intradepartmental Correspondence, Form 15.02.00, documenting a synopsis

of the incident, the Coroner’s findings, investigative steps, and the rationale for closing the investigation; and,· Attach all relevant addenda items, (e.g., autopsy report, toxicology report and Follow-Up

Investigation Report) to the Intradepartmental Correspondence.

The FID investigator will compile the Intradepartmental Correspondence and all relevant addenda items into an ICD Case Reclassification Package (CRP). After the reclassification is approved by the Commanding Officer (CO), FID, the ICD CRP will be forwarded by the CO, FID, to the CO, Use of Force Review Division (UOFRD), for concurrence. Simultaneously, the CO, FID, will forward an informational copy to the Office of the Inspector General.



Once concurrence is obtained from the CO, UOFRD, the ICD CRP will be presented to the COP for his signature and transmission to the Board of Police Commissioners (BOPC) for approval. The Intradepartmental Correspondence, along with the ICD CRP to support the recommended action, shall serve as the COP’s recommendation to the BOPC to have the incident reclassified.

Should the BOPC agree with the request to reclassify the ICD, the FID investigator will work with the detectives in the Area of occurrence to facilitate the exchange of information and ensure that the case is closed properly.

In the event that concurrence does not take place at any level during the process, the usual FID investigative process will continue and the incident will remain as the original classification of the CUOF ICD.

Animal Shootings and Non-Tactical Unintentional Discharges of Firearms. Upon responding to a use of force incident involving an animal shooting or a non-tactical unintentional discharge (defined in Manual Section 3/792.05), all Department employees must presume that a CUOF has occurred and follow all CUOF protocols.

Exception: Procedures are detailed below regarding investigations of off-duty animal shootings in rural areas that meet the specified criteria.

Force Investigation Division is responsible for investigating any on/off-duty animal shooting and unintentional discharge. An Officer-Involved Firearm Discharge Investigation, Form 01.67.08, may be used to document tactical or non-tactical unintentional discharges and animal shootings if all of the following criteria exist:

• No injuries to person(s);• No misconduct involved other than the unintentional discharge;• No violations of Department policy and/or procedure (other than a violation associated with

the unintentional discharge); and, • No significant conflicts in witness statements or evidence.

Note: If any of the above criteria are not met, the CUOF investigation must be handled and documented utilizing existing CUOF procedures.

The initial determination of whether the Form 01.67.08 will be used to document the investigation will be made by the on-call FID lieutenant. The final determination will be made by the CO, FID. The COP retains the authority to determine the reporting method.

The on-call FID lieutenant will send the required resources from FID to conduct the investigation with the support of personnel from the involved employee's command or personnel from the Area of occurrence. An FID investigator will complete the Form 01.67.08, and submit the report to the CO, FID, for approval. The CO, FID, will forward the approved report to the UOFRD within 60 calendar days of the incident. In addition, the CO, FID, will forward a copy of the investigation to the involved employee's CO and to his/her bureau for review.

Note: If additional time is required to complete the investigation, the CO, FID, must submit an Intradepartmental Correspondence to the CO, UOFRD, explaining the reason for the delay and the anticipated date of its completion. The CO, FID, will forward a copy of the Intradepartmental Correspondence to the involved employee's Area/division and bureau commanding officer.

Investigations of Off-duty Animal Shootings in Rural Areas. Force Investigation Division will no longer respond to and no Department investigation is required for off-duty animal shootings in a rural area when all of the following criteria are met:

• The employee is off-duty;



• The incident occurred in an area which would reasonably be considered a rural district, including ranchland, farmland, parkland, or other sparsely populated areas, as opposed to cities and towns;

• The incident was the result of the need to stop a vicious, predatory, or venomous animal presenting a direct threat to the officer, other persons or pets; and,

• There is no misconduct involved or violation of Department policy or procedures.

Note: Force Investigation Division will continue to respond if all of the above criteria are not met or as directed by the COP.

Employee's Responsibilities. When all of the above criteria are met, the employee must:

• Notify his/her watch commander or officer in charge of the incident without delay;• Contact the local law enforcement authorities and be guided by their advice;• Complete the Off-Duty Officer-Involved Firearm Discharge Investigation – Animal Shooting

In A Rural Area, Form 01.67.11 and submit to his/her watch commander or officer in charge. The employee must ensure a detailed description of the circumstances, action(s) taken and threat posed by the animal are included in the report. The employee must submit the completed report on the next working day, but no later than seven calendar days after reporting the incident; and,

Note: If the employee's service weapon was involved, the employee must have the weapon inspected by a Department Armorer within seven business days after reporting the incident, if practicable. The Department Armory will complete the Weapon Discharge Inspection Report and it must be attached to the Form 01.67.11.

• Complete an Overtime Report, Form 02.24.00, as soon as practicable and ensure compliance with the Department’s Fair Labor Standards Act policy and overtime procedures (Manual Sections 3/222.20 and 3/708.02).

Watch Commander's or Officer in Charge's Responsibilities.

• Document the notification by the involved officer on the Watch Commander 's Daily Report, Form 15.80.00;

• Notify the on-call FID Lieutenant via DOC, and document the information on the Watch Commander's Daily Report;

• Upon receipt of the Form 01.67.11, the watch commander or Officer in Charge will review the circumstances and documentation to ensure all applicable criteria were met and are properly documented and forward the Form 01.67.11 to the employee's CO; and,

• If the employee's service weapon was involved, the Weapon Discharge Inspection Report must be attached prior to submission to the CO.

Commanding Officer's Responsibilities. Upon receipt of the Form 01.67.11, the CO will review the incident and take appropriate action if needed. The CO will then ensure distribution of the Form 01.67.11 to FID, UOFRD, and the concerned bureau within 30 calendar days after the incident

794.12 USE OF FORCE INVESTIGATIONS INVOLVING HEAD STRIKES. Upon responding to a use of force incident involving a head strike, the investigating supervisor shall presume that a CUOF has occurred. The investigating supervisor shall follow all CUOF protocols, until the Commanding Officer, FID, determines if the incident will be handled as a CUOF or a Level I NCUOF incident. The following additional protocols shall be followed for incidents involving head strikes:

• The assigned field supervisor shall determine whether the head strike occured through an preliminary assessment of the facts and circumstances. The field supervisor shall handle any incident involving a head strike as a CUOF until a determination is made by the Commanding Officer, FID;



• The assigned field supervisor shall ensure that a rescue ambulance is requested to treat and/or evaluate the subject(s) involved;

• The assigned field supervisor shall notify the watch commander of the Area where the incident occurred regarding the occurrence of a head strike and provide the preliminary facts and circumstances of the incident;

• The watch commander shall notify the on-duty Force Investigation Division (FID) supervisor via DOC and provide the facts and circumstances of the incident;

• The FID supervisor shall respond to conduct an assessment of the incident to determine whether the head strike was intentional or unintentional and contact the Commanding Officer, ID, to provide the facts and circumstances of the incident;

• The Commanding Officer, FID, shall make the final determination if the incident will be handled as a CUOF or a Level I NCUOF and ensure that the watch commander is advised of the decision; and,

Note. The Commanding Officer, FID, may direct a CUOF investigation for a head strike incident that meets the criteria for a Level I NCUOF incident.

• The watch commander shall notify the on-scene investigating supervisor whether the incident will be handled as a CUOF or a Level I NCUOF incident.

794.14 CRIMINAL INVESTIGATION SECTION-RESPONSIBILITIES. When conducting a CUOF investigation, Criminal Investigation Section shall be responsible for:

• The use of deadly force (e.g., discharge of a firearm) by a Department employee;• The use of an upper body control hold by a Department employee;• An incident involving a death;• Conducting the preliminary investigation of any crime associated with an incident for which

FID has investigative responsibility;

Exception: In cases where the crime committed by the civilian suspect(s) is not against the involved officer (e.g. driving a stolen vehicle), Area detectives may, at the discretion of FID, be assigned the responsibility for investigating the criminal components of the case and conducting the related follow-up investigation. Additionally, at the discretion of the Commanding Officer, PSB, Robbery-Homicide Division may continue to investigate incidents where an employee is killed or seriously injured as a result of being the victim of, or suspect in a crime.

• Conducting the criminal investigation, if appropriate, of the actions of the officer(s) involved in a CUOF incident;

• Taking charge of the scene of a CUOF incident;• Interviewing civilian and non-involved Department employee witnesses;• Investigating any incident involving a sworn officer from an outside agency who uses deadly

force within the City of Los Angeles; and,• Investigating any other incident at the direction of the COP.

Though FID is in charge of the scene, FID is not responsible for investigating any crime(s) associated with an incident for which they have administrative investigative responsibility. Many incidents investigated by FID are strictly administrative and do not require an on-scene criminal investigation. However, when an on-scene criminal investigation is required for an incident being investigated by FID, Robbery-Homicide Division (RHD) shall assume criminal investigative responsibility for the following incidents:

• An incident in which a department employee is the victim of a crime directly related to the incident being investigated by FID, (e.g., Assault with a Deadly Weapon or Battery on a Police Officer); and,

• When the Chief of Police or his designee determines the RHD should handle the criminal investigation.



All other crimes shall be investigated at the Area/divisional level except for incidents that are assigned to Internal Affairs Group (IAG), in which case IAG shall assume responsibility for both the administrative and criminal investigations.

794.20 ADMINISTRATIVE INVESTIGATION SECTION RESPONSIBILITIES. The Administrative Section shall be responsible for:

• Liaising with Criminal Investigation Section during their investigation;• Conducting the compelled interviews and walk-throughs of involved officers;• Completion of the arrest, booking, reporting and investigative follow-up of a suspect involved

in the CUOF incident;

Note: In order to protect statements which may be contained in an arrest report and were provided by victim officers involved in the CUOF incident, the Administrative Investigation Section shall handle the arrest and booking of civilian suspects, except in those cases where Robbery-Homicide Division or Area Detectives are responsible for the follow-up criminal investigation.

• Completion of the administrative CUOF Report; and,• Presenting the findings of the CUOF investigation at Use of Force Review Board hearings.

All incidents that do not meet the criteria for being investigated by Force Investigation Division (FID) shall continue to be reported and investigated at the Area/divisional level. The commanding officer of the involved employee(s) shall be responsible for the administrative investigation of all employee-involved and employee-influenced injuries which are not the responsibility of FID. A supervisor from the involved employee’s command shall respond to the scene and:

• Investigate the incident to ensure that Department policies and procedures were followed;• Take appropriate action if training, personnel, or other administrative issues arise; and,• Ensure that the incident is documented in the appropriate Department report(s) (e.g., crime,

arrest, use of force, and/or pursuit reports.)

794.25 CRIMINAL INVESTIGATIVE RESPONSIBILITY. The geographic detectives in the Area where the crime occurred shall be responsible for the criminal investigation related to all employee-involved and employee-influenced injuries which are not the responsibility of a specialized command. The Area or specialized division commanding officer shall ensure that appropriate investigative personnel are assigned to the criminal investigation of these incidents.

794.26 STATEMENTS FOR OFFICER-INVOLVED SHOOTINGS, IN-CUSTODY DEATHS, AND USE OF FORCE INCIDENTS RESULTING IN SIGNIFICANT INJURY. The statements of involved officers and civilian witnesses who actually witnessed the incident shall be electronically recorded, unless certain criteria are met and approval by the on-scene Force Investigation Division Lieutenant/Officer in Charge (OIC) is obtained (Department Manual Section 3/794.37)

794.30 INVESTIGATIONS INVOLVING MISCONDUCT. Whenever a FID investigationidentifies an allegation(s) of serious misconduct the officer, in charge of the FID investigation, shall ensure that a Personnel Complaint, Form 01.28.00, is completed in accordance with Department policy. The offi#er in charge of the FID investigation shall cause the Chief of Police or his designee and the Commanding Officer, PSB, to be notified regarding allegation(s) of serious misconduct.

794.32 FORCE INVESTIGATION DIVISION - INVESTIGATION INVOLVING SERIOUS MISCONDUCT. When a Force Investigation Division (FID) investigation involves an allegation(s) of serious misconduct or the investigation reveals serious misconduct, the Commanding Officer, FID, or the senior officer in charge of the FID investigation shall immediately notify the Chief of Police or his designee; the Commanding Officer, IAG; and, the Inspector General (IG). When it is determined that an officer is involved in serious misconduct, IAG shall assume responsibility for the criminal and administrative investigations, though the Chief may assign the criminal investigation to any



entity other than FID. The Chief will notify the Board of Police Commissioners (Police Commission) in writing, with a copy to the IG, that the investigation has been transferred to IAG (or another entity) and include the new investigative control number as well as the old FID control number (e.g., OIS number) if one was issued.

When IAG completes its investigation, the Chief shall forward a summary of the investigation to the Police Commission for its review with a copy to the IG. If that investigation is not completed at least 60 days before the running of any disciplinary (administrative) statute of limitations, the Chief will provide a status report of the investigation to the Police Commission, with a copy to the IG. The status report will identify the reason(s) the investigation is not completed, a description of investigative steps yet to be completed and a schedule for completing the investigation.

Note: Any element of the Department necessary to complete the investigation shall be at the disposal of the Commanding Officer, Internal Affairs Group.

794.35 CATEGORICAL USE OF FORCE – NOTIFICATIONS. Notification responsibilities after a Categorical Use of Force (CUOF) are established as follows:

Area Watch Commander/Incident Commander. The Area watch commander/Incident Commander shall make the following notifications within 30 minutes of learning that a CUOF incident has occurred:

· Department Operations Center (DOC);· Area commanding officer of the Area of occurrence; and,· Bureau commanding officer of the Area of occurrence.

Note: In such instances where the notification is beyond the 30 minutes, the justification shall be documented in the Watch Commanders Daily Report, Form 15.80.00

Department Operations Center. Department Operations Center shall make the following notifications within 20 minutes of being notified by the Area watch commander/Incident Commander that a CUOF incident has occurred:

• Office of the Chief of Police or his or her designee;• Chief of Staff; • Force Investigation Division (FID) or FID on-call team during non-business hours; and,• Office of the Inspector General (OIG);

Additional Notifications Requirements. As soon as possible after the initial required notifications, DOC shall make notifications to the following entities:

• Commanding Officer, Professional Standards Bureau;• Involved employee(s) commanding officer;• Department Risk Manager;• Family Liaison Section; and, • Los Angeles District Attorney's Office for those cases identified in the roll out protocol

governing such notifications.

Note: For officer-Involved Shootings or any other categorical use of force, which results in death or where death is deemed likely by FID, and for any In-Custody Deaths, the Commanding Officer, FID, shall notify the Family Liaison Section, Office of the Chief of Staff.

794.37 FORCE INVESTIGATION DIVISION - INVESTIGATIONS.



Response and Crime Scene Responsibilities. Force Investigation Division (FID) shall be available to respond 24-hours a day to incidents for which it has investigative responsibility. Upon receiving notification of an incident, a FID investigator shall respond to the scene promptly. When multiple investigating entities are present (i.e. Area detectives), the senior FID member present shall have overall command of the crime scene and the on-scene investigation. This does not preclude the Chief of Police or his/her designee from assuming command when there is a specific need to do so.

Force Investigation Division Investigative Guidelines. Force Investigation Division investigators shall follow established Department procedure for investigating all incidents for which it has investigative responsibility. Additionally, FID investigators shall:

• Record all interviews (i.e., audio or video recording) of involved officers and witnesses (if not recorded, provide justification);

Exception: This exception only applies to officer-involved shootings. Heard only witness statements shall be documented on the Heard Only Witness Form for LAPD Sworn, Form 01.71.02, or a Heard Only Witness Form for Civilians, Form 01.71.03, when approved by the on-scene FID Lieutenant/Officer In Charge (OIC). The Heard Only Witness Form for Civilians is also used to document the statements of outside agency personnel classified as a "heard only" witness. These statements do not need to be electronically recorded.

Note: Whenever possible, recorded interviews should include a complete record of the interview including a preamble and interview conclusion.

• Interview civilian witnesses at locations and times convenient to them, whenever it is practical and appropriate;

• Prohibit group interviews;

Note: If the subject of the use of force or a civilian witness was not interviewed separately, document that the witness(s) was not interviewed separately along with an explanation.

• Interview all involved supervisors (applies only to those actively involved in managing the scene) regarding their management of the scene during the incident;

• Coordinate the collection and preservation of all appropriate evidence, including canvassing the scene to locate possible witnesses if appropriate;

• Ensure that all officer's and suspect's injuries are photographed (if no photographs are taken provide an explanation why); and,

• Identify and document all inconsistencies in officer and witness interview statements.Heard Only Witnesses. This applies to officer-involved shootings only. Witnesses that meet the criteria for being classified as a "heard only" witness shall have their statements documented on the Heard Only Witness Form for LAPD Sworn of Heard Only Witness Form for Civilians. These statements do not need to be electronically recorded.

In order for a witness to be considered "heard only," the following requirements must be met:

For Sworn:

• The officer is not the partner of an officer who used force;• The officer is not the partner of an officer who heard conversations or observed activity

between the involved officer(s), suspect(s) or key witnesses;• The officer only heard gunshots and did not witness any other aspect of the incident under

investigation; and,• The FID Lieutenant/OIC determined there is no further investigative value in determining the

rate, sequence, or any other relevant audible characteristic of the gunshots heard in connection with the case under investigation.



For Civilians:

• The civilian witness only heard gunshots;• The civilian witness did not witness any part of the incident leading up to the officer-involved

shooting;• The civilian witness did not hear any verbal conversations or commands prior to or after the

officer involved shooting; and, • The FID Lieutenant/OIC determined there is no further investigative value in determining the

rate, sequence, or any other relevant audible characteristic of the gunshots heard in connection with the case under investigation.

Liaison with the District Attorney and Inspector General. The assigned FID investigator or his/her supervisor shall liaise with the assigned deputy district attorney and Inspector General to ensure that both are briefed and allowed to observe the investigation.

Test Firing of Firearms Used in Categorical Use of Force Incidents. As part of Categorical Use of Force (CUOF) Investigation protocol, FID investigators shall retain any firearm discharged by an officer during a CUOF incident so that ballistic testing of the firearm can be completed. The involved officer will receive a replacement firearm from FID until his/her firearm is returned. The firearm will be returned to the involved employee immediately after testing is completed.

In certain instances, it may be necessary to obtain all or portions of the involved officer's leather gear, badge, boots or uniform. If an officer requires leather gear replacement, he/she shall complete a Supply Order Form, Form 15.11.00, and forward it to the Uniform Shop, Supply Section, Fiscal Operations Division (FOD). If an officer requires a badge replacement, he/she shall complete an Intradepartmental Correspondence, Form 15.02.00, directed to the Commanding Officer, Personnel Division. If an officer requires uniform or boot replacement, he/she must purchase the items and then complete an Intradepartmental Correspondence directed to the Commanding Officer, FOD, for reimbursement.

Watch Commander/Incident Commander’s Responsibilities. After all public safety concerns have been addressed, the watch commander, Area of occurrence, or incident commander shall ensure that involved officers and witness officers are transported from the scene, physically separated unless logistical problems (e.g., the number of involved officers and/or supervisors) preclude individual separation, and monitored to eliminate the possibility of contaminating their statements prior to their interview by FID personnel. During that time, the watch commander/incident commander shall ensure that the welfare of the involved officer(s) is addressed.

Duty to Assess Supervisor's Response. Within seven calendar days of a CUOF incident, the commanding officer of a supervisor who responds to a CUOF, in consultation with FID, shall:

• Analyze the circumstances surrounding the presence or absence of a supervisor at a CUOF incident;

Note: “Supervisor” is defined as the first responding supervisor to a CUOF incident, not a supervisor who was a witness or an involved party. The analysis shall also address the response of any subsequent supervisor(s) who assumes command of the incident.

• Determine if a supervisor’s response to, and actions at, the incident were appropriate (i.e., ensuring medical treatment was provided, facilitating the search for outstanding suspects and/or weapons, establishing a perimeter, protecting the crime scene, canvassing for witnesses, ensuring separation of officers, bringing appropriate resources to the scene, promptly notifying the Department Command Post, etc.);

• Identify training issues, if any;• Document the analysis on an Employee Comment Sheet, Form 01.77.00, as outlined in Manual

Section 3/760.13. The documented analysis shall reflect specificity and individuality;• Discuss the commanding officer’s analysis with the involved supervisor(s);• Take appropriate administrative action as necessary; and,



• File the Employee Comment Sheet in the divisional Employee Comment File, and ensure the information is taken into account in the supervisor’s next performance evaluation.

Note: Lieutenants in charge of Area detective divisions as commanding officers shallnot conduct this assessment.

The involved employee’s commanding officer shall prepare and forward an Intradepartmental Correspondence to the Commanding Officer, FID, no later than seven calendar days following the incident confirming that an assessment was conducted. The Intradepartmental Correspondence shall contain the following:

• FID case number;• Date of occurrence;• Name and serial number of the supervisor(s) assessed; and,• Date the analysis was conducted.

The original Intradepartmental Correspondence shall be retained by FID with its investigation, and a copy shall be maintained at the Area/divisional level. Appropriate supervision for these incidents shall also be addressed by the Use of Force Review Board and any action with respect to supervision generally should flow from that process.

794.39 DISTRIBUTION OF REPORT. The original and all copies of the final FID administrative report must be marked "CONFIDENTIAL." The Commanding Officer, FID, will retain the original and distribute copies to the Office of the Inspector General (for the Board of Police Commissioners), Legal Affairs Division, and the Department's Use of Force Review Board.

794.40 RETURN TO FIELD DUTY OF EMPLOYEES INVOLVED IN AN OFFICER-INVOLVED SHOOTING RESULTING IN INJURY OR A CATEGORICAL USE OF FORCE RESULTING IN DEATH OR THE SUBSTANTIAL POSSIBILITY OF DEATH.

Commanding Officer's Responsibilities - Initial Response and Preliminary Procedures. Upon notification of an on- or off-duty employee(s) under his or her command who is involved in an officer-involved shooting resulting in an injury to any person or a Categorical Use of Force resulting in death or the substantial possibility of death, the commanding officer shall:

• Immediately remove the involved employee(s) from field duty;• Meet with the involved employee(s) to discuss the process that will occur [e.g., Force

Investigation Division (FID) interviews, Behavioral Science Services (BSS) referral, Use of Force Review Board)];

Note: Supervisors and commanding officers shall not discuss an assessment of the incident.

• Ensure that the initial needs of the involved employee(s) are met (e.g., notification to family/friends, involved employee(s) and personal vehicle transported to residence at conclusion of interviews); and,

• Review the Training Evaluation and Management System II (TEAMS II) Report of the involved employee(s) to examine the areas of discipline information, use of force information and pursuits. Obtain the details in any of the areas of concern (e.g., contacting Professional Standards Bureau for details on a pending complaint(s), Intradepartmental Correspondence, Form 15.02.00, to the Police Commission for the details on a prior shooting or a categorical use of force, discussions with the involved employee’s immediate supervisor or officer in charge to examine if a pattern in uses of force or discipline exists).

Directed Referral to Behavioral Science Services. The commanding officer of an on- or off-duty employee(s) who is involved in an officer-involved shooting resulting in an injury to any person or a categorical use of force resulting in death or the substantial possibility of death shall:


6/4/2020http://pdinfoweb/files/RefLib/ManualsGuides/DepartmentManu! l/2019_Q2Manual/volume...

• Notify BSS within two administrative working days of the incident;• Schedule three mandatory, on-duty appointments for the employee(s) with BSS for a

psychological evaluation by a licensed mental health professional;

Note: The first appointment shall be scheduled for within 72 hours of the incident or as soon as practicable; the second appointment shall be scheduled for approximately four to eight weeks after the incident; and, the third appointment shall be scheduled before or after the Use of Force Review Board has concluded (predicated upon BSS's recommendation, with input from the employee's CO).

• Notify the involved employee of the appointment; and,

Note: An employee’s attendance at a BSS session resulting from a directed referral is mandatory and shall be conducted on an on-duty basis.

• Consult with BSS after the involved employee's first mandated appointment to obtain their recommendation of whether or not to return the employee(s) to field duty. Other than the recommendation of BSS, matters discussed during the BSS evaluation shall be strictly confidential.

Return to Field Duty. Prior to returning an employee to field duty, approval is required from the Chief of Police. After obtaining the recommendation from BSS to return an involved employee to field duty (if applicable), the involved employee's commanding officer shall:

• Interview the employee(s) to assess the employee's readiness and suitability to return to field duty;

• Ensure that the General Training Update (GTU) has been completed;

Note: The GTU shall be completed prior to the employee returning to field duty, unless otherwise directed by the Chief of Police.

• Obtain concurrence from the bureau commanding officer, who will then obtain approval from the assistant chief within their chain of command and the Chief of Police regarding the involved employee's readiness to return to field duty;

• Notify the involved employee(s) of the determination to return or not return the employee to field duty status; and,

• Continue to assess and monitor the involved employee(s) upon their return to field duty to ensure the welfare of the involved employee considering liability factors, work products, subsequent interviews, and complaint or work history.

Note: Under no circumstances shall the officer(s) who discharged their weapons be returned to field duty until at least 14 days have elapsed since the time of the incident.

Notification to Use of Force Review Board. Within 30 calendar days of the incident, the commanding officer of the employee who is involved in an officer-involved shooting resulting in an injury to any person or a categorical use of force resulting in death or the substantial possibility of death shall submit an Intradepartmental Correspondence, Form 15.02.00 via the chain of command to the Chair of the Use of Force Review Board confirming compliance with these guidelines. The Form 15.02.00 shall include:

• The date of the incident;• The date of the officer's BSS visit;• The date of the commanding officer's consultation with BSS;• The recommendation of BSS regarding the duty status of the involved employee;• The commanding officer’s recommendation as to an employee’s readiness and suitability to

return or not return to field duty status shall be based on an employee interview, BSS recommendation, TEAMS II review, and Chief of Police approval;



• The dates that approval was obtained from the bureau commanding officer, assistant chief and Chief of Police to return the employee to field duty;

• The date the officer(s) was returned to field duty, if such a determination was made;• The specific assignment(s) of the involved employee on each of the dates prior to the officer

being returned to field duty; and,

Note: If the involved employee has not returned to field duty within 30 calendar days of the incident due to the recommendation of BSS or non-approval by the Chief of Police, an additional Form 15.02.00 shall be submitted every 30 days thereafter indicating specific assignment(s) of the involved employee pending his/her return to field duty until approved for return to full duty.

• Any duty restrictions attached to the return to field duty determination.

Note: Nothing in this section prevents a commanding officer from referring an officer to BSS under less serious circumstances (Department Manual Section 3/799).

Bureau Commanding Officer's Responsibilities. Upon notification by the involved employee’s commanding officer of BSS’s recommendation to return the employee who was involved in an officer-involved shooting resulting in an injury to any person or a categorical use of force resulting in death or the substantial possibility of death to field duty, the bureau commanding officer shall:

• Discuss the involved employee’s readiness and suitability to return to field duty with the involved employee’s commanding officer and consider his or her recommendation for approval or disapproval;

• Consult with the assistant chief within the employee’s chain of command and the Chief of Police or his or her designee, within seven days of the BSS recommendation (if applicable) to obtain approval for the employee to return to field duty; and,

Note: It is the responsibility of the involved employee’s bureau commanding officer to ensure concurrence is obtained from the Chief of Police or designee through his or her chain of command in a timely manner. This may be accomplished telephonically, if necessary.

• Advise the involved employee’s commanding officer of the decision by the Chief of Police.

795. OBTAINING A PUBLIC SAFETY STATEMENT – CATEGORICAL USE OF FORCE.When practicable, an uninvolved supervisor at a Categorical Use of Force (CUOF) scene shall obtain sufficient information to conduct his/her duties at the scene (e.g., establishing a perimeter, protecting the crime scene, locating witnesses/evidence, managing the response of additional resources). As per OCOP Notice dated February 15, 2007, entitled Obtaining a Public Safety Statement Following an Officer-Involved Shooting Incident, a public safety statement shall be obtained individually from as many employees as necessary for the supervisor to immediately determine:

• Type of force used;• Direction and approximate number of any shots fired by the involved employee(s) and/or

suspects, if applicable;• Location of injured persons, including those in need of medical attention, if any;• Description of outstanding suspect(s) and his/her direction(s) of travel, time elapsed since the

suspect was last seen, and any suspect weapon(s);• Description and location of any known victims or witnesses;• Description and location of any known evidence; and,• Other information as necessary to ensure officer and public safety and assist in the

apprehension of outstanding suspect(s).



After obtaining sufficient information, the supervisor shall immediately cause the individual separation of involved/witness employees and order them not to discuss the incident with anyone other than the assigned investigators and the employee’s representative(s). Until authorized to do so by the assigned Force Investigation Division (FID) investigator, the supervisor shall direct each involved/witness employee not to: view any media coverage, recordings, or reports of the incident to include television, Digital In-Car Video (DICV), Body Worn Video (BWV), other social media, or any video or audio from any other source; or to communicate information regarding the incident via email, phone, text, Mobile Data Computer or social media. The supervisor shall continue to ensure that those employees remain separated/monitored until interviewed by FID personnel.

In accordance with Special Order No. 12, dated April 28, 2015, entitled Body Worn Video Procedures, and/or Special Order No. 45, dated October 20, 2009, entitled Digital In-Car Video System Use and Deployment, supervisors shall direct involved/witness employees wearing BWV and/or equipped with DICV when to stop their recordings. Within the provisions of these referenced Special Orders, an officer will also be allowed to view his/her video prior to being interviewed.

Note: Supervisors involved in the separation, transportation, and monitoring of an involved/witness employee following a Categorical use of force incident shall notdiscuss tactics with that employee.

795.10 DOCUMENTING THE SEPARATION, TRANSPORTATION, AND MONITORING OF EMPLOYEES. The actions of each Department employee involved in the separation, transportation and monitoring of employees will be critically evaluated at every Use of Force Review Board.

Incident Commander’s Responsibility. After a public safety statement has been obtained and all public safety concerns have been addressed (e.g., establishing a perimeter, protecting the crime scene, locating witnesses/evidence, managing the response of additional resources, etc.), the incident commander shall:

• Ensure that supervisors transport previously separated involved/witness employees individually to the location of interview as soon as practicable (If the incident occurs outside the city, an outside law enforcement agency’s facility may be used). Separation shall remain in effect until the employee is interviewed by Force Investigation Division (FID);

Exception: An involved/witness employee may remain at the scene to identify possible suspects. If this occurs, a supervisor shall accompany the employee at all times.

• Utilize all supervisory resources available as necessary (e.g., from Vice, Gang Enforcement Details, detectives, supervisors from adjacent Areas) to transport and monitor involved/witness employees individually to eliminate the possibility of contaminating their statements prior to their interview by FID; and,

• Ensure that the welfare of each involved/witness employee is addressed.

If logistical problems preclude individual separation of employees (e.g., the number of involved/witness employees exceeds the number of available supervisors), the incident commander shall determine the necessity for deviation from Department procedures. Any deviation shall be documented and justified in the incident commander’s daily log (i.e., the Watch Commander’s Daily Report, Form 15.80.00, or the Supervisor’s Daily Report, Form 15.48.00, as applicable).

Supervisor’s Responsibility. Any supervisor involved in the separation, transportation, and monitoring of involved/witness employees following a Categorical use of force incident shall advise the incident commander of his/her actions and document them on a Sergeant’s Daily Report. Such documentation shall include:

• Date, time, and location the supervisor transported and/or monitored the employee;



• Verification that separation of the employee was maintained before, during, and after he/she was transported to the location of the interview; and,

• Specific setting where the employee was monitored (prior to interview) at the location of interview.

Each involved supervisor shall provide the watch commander with a copy of his/her Supervisor’s Daily Report as soon practicable.

Watch Commander’s Responsibility. In the event that the on-duty watch commander is not acting as the incident commander, the watch commander shall maintain overall accountability for documenting details of the separation, transportation, and monitoring of each involved/witness employee. This information shall be recorded on the Watch Commander’s Daily Report as follows:

• Date and time each involved/witness employee was transported for interview and by whom;• Name of all supervisor(s) involved in the monitoring of involved/witness employee(s);• Deviations from Department procedure, if any; and,• Any other information of potential interest to FID investigators (e.g., employee was

transported to a non-Department facility, a change in personnel monitoring an involved/witness employee due to change of watch, etc.).

Any deviation from procedures shall be addressed in the Watch Commander’s Daily Report.

Note: A copy of the Watch Commander’s Daily Report and all applicable Sergeant’s Daily Reports shall be provided to FID as soon as practicable.

796. OFFICER - INVOLVED SHOOTINGS/SERIOUS INJURY OR DEATH RESULTING FROM POLICE ACTION - SPECIAL DUTIES.

796.01 UPPER BODY CONTROL HOLDS, USE OF FORCE INCIDENTS. Force Investigation Division shall be responsible for the administrative and criminal investigation of all upper body control hold use of force incidents. Supervisors shall adhere to Department procedures regarding lethal use of force incidents upon being made aware of an upper body control hold incident.

796.05 INVESTIGATING OFFICER'S RESPONSIBILITY - FORCE INVESTIGATION DIVISION CONTROL NUMBER. The officer responsible for conducting the administrative investigation of a FID incident shall:

• Obtain a Force Investigation Division (FID) control number from Administrative Section, FID. • Place the FID control number on all related administrative reports.

Note: The FID control number shall not appear on the reports related to the criminal investigation.

• Prepare and forward a news release to Media Relations Section, Media Relations and Community Affairs Group, Office of Operations, and the Use of Force Review Board Coordinator, Office of Support Services; and,

• In all cases where an individual sustains a gunshot wound, and in other FID cases as appropriate.





Directive No. 2.2 November 2017

HOBBLE RESTRAINT DEVICE

PURPOSE Police officers are routinely confronted by violent or potentially violent suspects who must be restrained when taken into custody. The Hobble Restraint Device (HRD) can be a valuable tool in the control of such suspects. The Department-approved techniques for using the HRD are depicted in this Directive.

PROTOCOL The HRD can be used to control the feet/legs of a violent or potentially violent arrestee, or hands/arms of a non-violent arrestee when normal handcuffs are impractical due to injury or other extenuating circumstances (i.e. size). Most importantly, the HRD shall not be used to bind the suspect's hands and feet together in any manner.

Note: The mere application of the HRD does not constitute a reportable use of force. However, if a reportable use of force occurs during the application of the HRD, it shall be investigated according to Department guidelines.

PROCEDURES The HRD was designed to be used to secure the ankles, knees or elbows of an individual who is potentially violent or displaying violent behavior by kicking, fighting, biting, punching or thrashing about, or to secure a person’s feet during transportation in a police vehicle. These techniques can be varied according to the circumstances an officer may encounter, but in each application care should be taken to minimize any injury to the arrestee. Once the HRD is secured, officers shall immediately search the waistband area and then immediately place the individual in an upright, seated position or on his or her left side (left lateral recumbent position). If this is not possible due to medical or tactical issues, then placing the individual on his/her right side is an acceptable substitute. Securing the Ankles This restraint device can be applied to a suspect’s ankles when the suspect is in the seated, kneeling, or prone position. Officers must be cautious of the suspect’s feet and knees and his/her ability to strike out at the officers.

Use of Force - Tactics Directive No. 2.2 Hobble Restraint Device Page 2 To apply, the HRD is held in the fully open position (the loop is opened as large as possible) with the friction-locking clip in the palm of the hand, teeth towards the officer’s body. The suspect’s ankles, preferably crossed, are placed inside the loop. The officer then grasps the strap just before the snap-hook and pulls sharply, tightening the loop and binding the suspect’s feet together. To prevent accidental opening of the HRD, a half-hitch knot should be placed next to the friction-locking clip. To tie the half-hitch knot, pass the snap-hook under the portion of the strap that encircles the suspect’s ankles, then feed it through the loop that is formed and pull the snap-hook snug.

Securing the Knees After a suspect has been restrained at the ankles, it may be to the officer’s benefit to allow the suspect to walk in a controlled and restricted manner. To accomplish this, the officer loosens the HRD loop and slides it up the suspect’s legs, stopping just above the knees. The officer then grasps the strap just before the snap-hook and pulls sharply, securing the suspect’s knees together. The officer can easily guide the suspect in the desired direction by holding the strap of the HRD in one hand and maintaining a firm grip on the suspect’s elbow with the other. Officers should consider having additional officers to assist the suspect while walking, in order to minimize the possibility of the suspect falling and sustaining an injury. Considerations may include the suspect’s size, mental or physical impairments, or being under the influence of alcohol and/or a controlled substance.

Use of Force - Tactics Directive No. 2.2 Hobble Restraint Device Page 3 Securing the Elbows This technique can be used to restrain the arms for removing handcuffs from a violent arrestee for fingerprinting, medical treatment, or placing the arrestee into a holding cell. While the arrestee is still handcuffed, the officer places the HRD loop just above the elbows. The loop is slowly tightened until it appears the arrestee cannot escape. The officer can now safely remove the cuffs for medical treatment or fingerprinting. Additionally, if the officer intends to place the arrestee into a cell, this method allows control of the arrestee at the elbows. The officer then directs the arrestee into the cell. As the arrestee moves forward into the cell, the officer releases the HRD and pulls it free from the arrestee’s arms. Using the HRD to secure the elbows may also be used as an alternative to handcuffs on a non-violent arrestee with an arm injury or full arm cast. Transportation Application If there is no injury requiring immediate medical attention, officers can transport the person in a police vehicle with the HRD in place. The HRD is designed to allow officers to transport violent arrestees in an upright, seated position, while maintaining an acceptable level of restraint. Officers may use the HRD to secure a violent or potentially violent person transported in a police vehicle when:

• The person’s hands are secured with handcuffs that are double-locked behind the person’s back;

• The person is secured to the police vehicle’s seat with the police vehicle’s safety belt; and,

• The HRD strap is pulled out of the rear door, the loose end (snap-hook end) of the strap is placed on the front passenger floorboard, and both doors are closed to secure the strap.

No portion of the strap should be exposed outside of the vehicle.

Use of Force - Tactics Directive No. 2.2 Hobble Restraint Device Page 4 Violent Suspects If body weight is used to gain control of an individual, officers should only apply direct weight to the suspect’s back for as long as reasonable to control and secure the individual. Once the HRD is secured, officers shall immediately search the waistband area and then immediately place the individual in an upright, seated position or on his or her left side (left lateral recumbent position). If this is not possible due to medical or tactical issues, then placing the individual on his/her right side is an acceptable substitute. This minimizes the time the suspect spends on his/her stomach after being restrained. If the individual continues to act violently or aggressively towards the officers, one officer should use physical force to hold the person in the approved positions, described above, while the partner maintains control of the HRD’s strap. The HRD shall not be used to bind the suspect's hands and feet together in any manner. Medical Treatment: Officers should monitor the individual for signs of medical distress. Generally, the passenger/cover officer is responsible for monitoring the individual’s condition and shall request a rescue ambulance if the individual shows signs of medical distress, such as unconsciousness or has difficulty breathing. Transporting Violent Suspects: Officers shall request a rescue ambulance to transport a violent person only:

• If the person in the police vehicle would likely sustain a serious injury or cause vehicle damage and requires restraint to the extent that he or she must be transported in a recumbent position; or,

• If the person is injured or physically ill and in need of immediate medical attention.

When an arrestee is transported by ambulance, at least one officer shall accompany the arrestee in the ambulance.

Use of Force -Tactics Directive No. 2.2Hobble Restraint DevicePage 5

DEFINITIONS

Hobble Restraint Device (HRD): a one-inch wide polypropylene-webbed strap with abronze snap-hook at one end and a steel friction-locking clip at the other.

Left/Right-lateral recumbent position: refers to the lying of the suspect on his or herleft/right side.

Prone position: lying in a face-down position.

Supine position: lying in a face-up position.

sPoints to Remember

• Only apply direct weight to the suspect's back for as long asreasonable to control and secure the individual

• Place a hobbled suspect in a seated position or on left side. If this isnot possible, the right side is an acceptable substitute

• Monitor for signs of medical distress• The hobble shall not be used to bind the suspect's hands and feet

together in any manner

Important Reminder

Deviation from these basic concepts sometimes occurs due to the fluid and rapidly evolvingnature of law enforcement encounters and the environment in which they occur. Deviationsmay range from minor, typically procedural or technical, to substantial deviations from '.Department tactical training. Any deviations are to be explained by the involved officer(s), andjustification for substantial deviation from Department tactical training shall be articulated andmust meet the objectively reasonable standard of the Department's UOF policy.

AMENDMENTS

This version replaces Use of Force-Tactics Directive No. 2.1, Hobble Restraint Device,March 2013.

CHARLIE BECKChief of Police

DISTRIBUTION "A"

Los Angeles Police Department Michel R. Moore, Chief of Police Volume XLVIII, Issue 5 July 2019

TACTICAL DISENGAGEMENT

The purpose of this Bulletin is to explain the concept of tactical disengagement and provide officers with information to aid in the appropriate use of this tactic. The Los Angeles Police Department is guided by the overarching principle of reverence for human life in all investigative, enforcement, and other contacts between officers and members of the public. When officers are called upon to detain or arrest a subject who is uncooperative, is actively resisting, may attempt to flee, poses a danger to others, or poses a danger to him or herself, they should, if feasible, consider tactics and techniques that may persuade the subject to voluntarily comply or may mitigate the need to use a higher level of force to resolve the situation safely. Some situations require an immediate response, while others allow officers the opportunity to communicate with the subject, refine tactical plans, and, if necessary, call for additional resources. The actions of first responders will be weighed against the information known, the seriousness and gravity of the situation, the subject’s actions and, when feasible, efforts to de-escalate the situation. Tactical disengagement is one of the tactics that may be considered when an officer reasonably believes that continued contact may result in an unreasonable risk to the subject, the public, and/or Department members, especially in situations involving a barricaded suspect, a suicidal subject or a person believed to be experiencing a mental health crisis. PROCEDURES Disengagement is the tactical decision to leave, delay contact, delay custody or plan to make contact at a different time and under different circumstances. This tactic should be considered when an officer reasonably believes continued contact may result in an unreasonable risk to the person in crisis, the public and/or Department members. Disengagement can be proposed by the primary unit, but requires consultation with the field supervisor at scene, the Mental Evaluation Unit (MEU) Watch Commander (if the subject is experiencing a mental health crisis) and with Area watch commander approval.

Tactical Disengagement Page 2 The incident commander (IC) shall, when feasible, contact Metropolitan Division’s Watch Commander to request the Special Weapons and Tactics team (SWAT) and/or the Crisis Negotiations Team (CNT) whenever:

• The incident meets the criteria for a barricaded suspect, or • A suicidal subject is armed, or • A suicidal subject is on an elevated or unstable surface which could cause a fall

that could result in a significant impact injury The IC shall also contact MEU, Detective Support and Vice Division, for advice if the incident involves an individual experiencing a mental health crisis.

Note: Not all suicidal subjects are considered barricaded or require a SWAT/CNT response or immediate police action.

Tactical Considerations Tactical situations vary and there is no single solution to resolving every incident. Disengagement is only one of many tactics that should be considered, if feasible, to potentially reduce the intensity of the encounter if believed it would de-escalate the situation and no crime or a minor crime has occurred.

Note: Minor crimes include, but are not limited to infractions or crimes that can be followed up with an Investigative Report.

Officers should continually assess the situation as circumstances change and new information is received. Officers should additionally evaluate if further contact with the subject may result in an undue safety risk to the person, the public, and/or officers. SUICIDAL SUBJECTS Not all suicidal subject calls require immediate police action. There is a distinction between a suspect wanted for a crime and an individual who has not committed a crime but has expressed the desire to commit suicide. It is not a criminal act to express the desire or even attempt to commit suicide within one’s home and suicidal subjects or persons suffering from a possible mental health crisis are afforded the same constitutional rights as everyone else. Legal Considerations The actions of first responders will be weighed against the information known and reasonably believed, governmental interest, subject’s actions, and efforts to de-escalate the situation. First responders may choose to strategically disengage to avoid resorting to force when the danger to the subject by self-harm is no longer imminent, and he/she has not committed a serious or violent crime.

Tactical Disengagement Page 3

• First responders should avoid making any promises to family members or loved ones. Avoid attempting to establish the concerned parties’ expectations of on-scene law enforcement personnel.

• Officers must be aware that suicide attempts/threats of suicide and experiencing a mental health crisis are not crimes. Absent an immediate threat of injury to officers or the public, it may be more prudent to provide care and assistance to the subject at a later time when they are not in crisis.

• A detention under Welfare and Institutions Code 5150 is permissive but not

mandatory and must be based upon “probable cause” to believe the person to be detained is a danger to themselves or others, or gravely disabled, due to a mental illness.

• A subject’s mere refusal of treatment for a possible mental health crisis or a

refusal to take prescribed medication does not necessarily require immediate police action nor does such refusal constitute a crime.

Crisis Related Resources When feasible, officers are encouraged to provide crisis related resources to the subject and/or person reporting. Examples include but are not limited to: • Los Angeles County Department of Mental Health ACCESS line

(800) 854-7771 • Suicide Prevention and Survivor Hotline (877) 727-4747 and/or (888) 628-9454

(Spanish) • Los Angeles Police Department – Community Mental Health Resource Guide

(tri-fold handout) • Call 211 (a service that can link the caller to countywide programs)

FOLLOW-UP CONSIDERATIONS

• If a crime has occurred and a decision to disengage is made, officers shall complete the appropriate criminal Investigative Report (IR) Form 03.01.00. If the incident involved a mental health crisis, this should be documented under the “Additional” heading in the IR and shall include a brief synopsis of the circumstances and the notifications made (who was contacted and/or provided advice). Follow-up will be conducted by the appropriate investigative entity.

• When the subject appears to be experiencing a mental health crisis and the

decision to disengage has been made, the incident shall be reported and documented in the MEU incident tracking system and a referral for follow-up by the Case Assessment Management Program (CAMP) initiated to address the subject’s suspected mental health crisis.

Tactical Disengagement Page 4

• Supervisors and Watch Commanders shall document the disengagement in their respective log. It shall include a brief synopsis of the circumstances and the notifications made (who was contacted and/or provided advice).

• The CAMP will be responsible for coordination with the appropriate investigative entity, regarding the scope and type of the follow-up to be conducted in an effort to address the subject’s suspected mental health crisis.

CONCLUSION While some situations require immediate police action, other circumstances may allow officers the opportunity to tactically disengage. Under the appropriate circumstances, tactical disengagement may improve officer safety, mitigate threats, reduce injuries, build public trust, and preserve life. Field Training Services Unit Police Training and Education DISTRIBUTION “A”

20-1

TRAINING AND TESTING

SPECIFICATIONS FOR LEARNING DOMAIN #20

USE OF FORCE/DEESCALATION

April 1, 2020

RBC

Other Basic Courses

Requal

832 III II I SIBC

I. LEARNING NEED

Peace officers must recognize that they have the authority to use objectively reasonable force to effect an arrest, to

prevent escape, or to overcome resistance as authorized by the California Penal Code. For their safety, and for the

safety and well-being of fellow officers, it is critical that peace officers know the laws governing the use of force.

LEARNING OBJECTIVES

X X X X X A. Discuss objectively reasonable force as stated by law

X X X X X B. Discuss the components of the Fourth Amendment standard for determining objective reasonableness as

determined by the U.S. Supreme Court

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

C. Explain the legal framework establishing a peace officer’s authority during a legal arrest, including:

1. A subject’s requirement to submit to arrest without resistance

2. Peace officer’s authority to use objectively reasonable force during a detention or arrest

X X X X X D. Identify the circumstances set forth in the California Penal Code when a peace officer has the

authority to use force

X X X X X E. Discuss the level of authority agency policies have regarding the use of force by a peace officer

II. LEARNING NEED

Peace officers must understand how the principles of deescalation can enhance contacts with the public and may

result in improved decision-making, reduction in situational intensity, and opportunities for outcomes with greater

voluntary compliance.

20-2

RBC

Other Basic Courses

Requal

832 III II I SIBC

LEARNING OBJECTIVES

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

A. Define deescalation

1. Deescalation is the process of using strategies and techniques intended to decrease the intensity of the

situation

2. Recognize common misconceptions and benefits of deescalation

3. Understand the history of deescalation

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

B. Recognize the four core concepts of deescalation, to include:

1. Self-control

2. Effective communication

3. Scene assessment and management

4. Force options

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

C. Understand the components of a Critical Decision-making Model including:

1. Collect information

2. Assess situation, threats, and risks

3. Law and policy

4. Plan

5. Act, review, and reassess

X X X X D. Recognize how tactical methods that use time, distance, cover, and concealment assist in deescalation

X X X X E. Recognize how strategic communication may enhance deescalation

III. LEARNING NEED

Peace officers must recognize that they have a range of force options available to them. However, in all cases the use

of force must be objectively reasonable compared to the threat, resistance, and other circumstances known to the

officer at the time the force was used.

20-3

RBC

Other Basic Courses

Requal

832 III II I SIBC

LEARNING OBJECTIVES

X X X X X X A. Define the term “force option”

X X X X X X B. Identify that the objective of using force is to overcome resistance to gain control of an individual and the

situation

X X X X X X C. Recognize force options and the amount of force peace officers may use based on the subject’s resistance

X X X X X D. Explain the importance of training and ongoing practice when responding to potentially dangerous

situations that may require the use of force

X X X X X E. Discuss the importance of effective communication when using force

IV. LEARNING NEED

Peace officers must fully comprehend their authority, responsibility, and liability regarding the use of deadly force as

authorized by law.

LEARNING OBJECTIVES

X X X X X X X A. Identify the legal standard for the use of deadly force

X X X X X X X B. Identify the factors required to establish sufficiency of fear for the use of deadly force

X X X X X X X C. Recognize facts an officer should consider when determining whether or not to use deadly force

X X X X X X X D. Discuss the role of agency policies regarding the use of deadly force

20-4

RBC

Other Basic Courses

Requal

832 III II I SIBC

X X X X X X X E. Recognize the law regarding justifiable homicide by a peace officer and the circumstances under which the

homicide is considered justifiable

V. LEARNING NEED

When a force option has been employed, peace officers’ reports must include the critical information to ensure

that the chronology, specifics of the events, and the people involved are properly documented.

LEARNING OBJECTIVES

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

A. Describe why complete documentation of the use of force is critical to the peace officer and the peace

officer’s agency, to include:

1. Justification for using force

2. Relevant factors and detail

3. Deescalation strategies and techniques utilized

X

X

X

X

X

X

X

X

X

X

B. Supervisor responsibilities

1. Use of force review and analysis

X X X X X C. State required reporting

VI. LEARNING NEED

Peace officers must be ready to, and capable of, safely taking control of a dangerous situation.

LEARNING OBJECTIVES

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

A. Discuss factors that can affect a peace officer’s response when threatened with danger, to include:

1. Fear

a. Reasonable

b. Unreasonable

2. Anger

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RBC

Other Basic Courses

Requal

832 III II I SIBC

X X X X X X 3. Indecision and hesitation

X X X X X X B. Give examples of acceptable techniques for managing anger

X X X X X X C. Describe the benefits of ongoing physical and mental training for peace officers involving the use of force

VII. LEARNING NEED

Peace officers must recognize the consequences of using unreasonable force, and their legal and ethical

responsibilities to intervene if the force being used by another peace officer is inappropriate or unlawful.

LEARNING OBJECTIVES

X X X X X A. Explain the legal and administrative consequences associated with the use of unreasonable force

X X X X X B. Explain an agency’s potential liability associated with the use of unreasonable force

X X X X X X C. Explain the consequences of an officer’s failure to intervene when unreasonable force is used by

another peace officer

X X X X X X D. Discuss immediate and delayed intervention techniques

X X X X X E. Discuss factors that may inhibit a peace officer from intervening in a situation where a fellow officer may be

applying unreasonable force

VIII. REQUIRED TESTS

X A. The POST-Constructed Comprehensive RBC Test 1.

20-6

RBC

Other Basic Courses

Requal

832 III II I SIBC

X B. The POST-Constructed Comprehensive RBC Test 2.

X C. The POST-Constructed Comprehensive RBC Test 3.

X D. The POST-Constructed Comprehensive SIBC Test 1.

X E. The POST-Constructed Comprehensive SIBC 2.

X F. The POST-Constructed Comprehensive SIBC Test 3.

X G. The POST-Constructed Comprehensive PC832 Test.

X H. The POST-Constructed Comprehensive Module III Test.

X I. The POST-Constructed Comprehensive Module II Test.

X J. The POST-Constructed Comprehensive Module I Test.

X K. The POST-Constructed Comprehensive Requalification Test.

X

X

X

X

X

X

X

X

X

L. A scenario test that requires the student to demonstrate proficiency in the use of force. The test must result in

the student making a deadly force option decision.

The student is required to demonstrate proficiency in the following competencies:

1. Use of Force – The ability to distinguish and apply objectively reasonable force options in given

circumstances.

20-7

RBC

Other Basic Courses

Requal

832 III II I SIBC

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

2. Problem Solving/Decision-Making – Analyzing situations and implementing plans to solve

problems in a timely manner. Using verbal or physical skills to determine the appropriate resolution

to a situation.

3. Legal Authority/Individual Rights – The identification of laws and constitutional rights governing

consensual encounters, detentions, and arrests.

4. Officer Safety – The demonstration of situational and tactical awareness and appropriate response.

5. Communication – The use of effective verbal and non-verbal skills to convey intended meaning and

establish understanding.

6. Ethics - Using accepted principles of conduct that govern decisions and actions based on

professional values and expectations.

7. Stress Tolerance and Emotional Regulation - maintaining self-control and making timely, rational

decisions in stressful situations.

Presenters must use the POST-developed Scenario Test and the POST Scenario Competency Evaluation and

Grading Test Forms or presenter-developed forms approved by POST, which minimally include the

performance dimensions used for this scenario test.

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

M. A scenario test that requires the student to demonstrate presenter approved impact weapon techniques in a

force on force simulation against an instructor who is dressed in a protective suit.

The test must simulate the physical and mental stress that would be imposed by an actual street encounter

where the student would be required to use an impact weapon to control a suspect and effect an arrest.



circumstances.



to a situation.



4. Officer Safety – The demonstration of situational and tactical awareness and appropriate response.

5. Communication– The use of effective verbal and non-verbal skills to convey intended meaning and


20-8

RBC

Other Basic Courses

Requal

832 III II I SIBC

X

X

X

X

X

X

X

X








X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

N. A scenario test that requires the student to demonstrate proficiency in the use of effective communication,

command presence, and appropriate physical control during the detention of a verbally uncooperative

individual.



circumstances.



to a situation.



4. Officer Safety– The demonstration of situational and tactical awareness and appropriate response.

5. Communication– The use of effective verbal and non-verbal skills to convey intended meaning and









20-9

RBC

Other Basic Courses

Requal

832 III II I SIBC

IX. REQUIRED LEARNING ACTIVITIES

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

A. The student will participate in one or more learning activities from the POST-developed Instructor’s

Guide to Learning Activities for Leadership, Ethics and Community Policing (December 2005) or

other comparable sources regarding use of force. At a minimum, each activity, or combination of

activities must address the following topics:

1. Exercise of leadership in the application of objectively reasonable force

2. Impact of ethical decision-making on the selection of appropriate force options

3. Evaluation of the effectiveness of force option choices

4. Consequences for the use of unreasonable force on the officer, community perception and public

trust

X X X X X B. The student will participate in a learning activity that will include a use of force scenario that will include

simulations of low-frequency, high-risk situations and calls for service, shoot-or-don’t shoot situations, and

real time force option decision making.

16

3

9

6

4

16

8

X. HOURLY REQUIREMENTS

Students shall be provided with a minimum number of instructional hours on the use of force.

XI. ORIGINATION DATE

January 1, 2001

XII. REVISION DATE

January 1, 2002 January 1, 2006 July 1, 2010 February 15, 2017

January 1, 2004 January 19, 2007 July 1, 2012 April 1, 2020

September 15, 2004 July 1, 2008 August 1, 2015

July 1, 2005 July 1, 2009 February 1, 2017


OLEORESIN CAPSICUM PURPOSE The purpose of this Directive is to familiarize officers with the use, nomenclature, and operation procedures of Oleoresin Capsicum (OC). PROTOCOL Whenever practicable, officers shall exercise de-escalation techniques to resolve potential use of force incidents and seek voluntary compliance from suspects/subjects. The courts have held that Less-Lethal force options are “capable of inflicting significant pain and may cause serious injury.” Therefore, consistent with the Department’s Use of Force Policy, Less-Lethal force options are only permissible when:


Less-Lethal force options shall not be used for a suspect or subject who is passively resisting or merely failing to comply with commands. Verbal threats of violence or mere non-compliance do not alone justify the use of Less-Lethal force. An officer may use OC Spray as a reasonable force option to control a suspect when the suspect poses an immediate threat to the safety of the officer or others. Officers shall also consider:

• The severity of the crime versus the governmental interest in the seizure; and,

• Whether the suspect was actively resisting arrest or attempting to evade arrest. The following do not alone justify the use of OC Spray:


• Mere non-compliance Oleoresin Capsicum may be used in crowd control situations:

• To control a specific suspect (target specific), or

• On a crowd (non-target specific) when approved by a commander or above.

Use of Force – Tactics Directive No. 5.2 Oleoresin Capsicum Page 2 LEGAL PARAMETERS Young v. County of Los Angeles (2011) established the legal standards governing when officers can deploy OC. The Young case stated that the use of OC is an “Intermediate Force Option” because like the baton, it can inflict significant pain and cause serious injury. The use of an “Intermediate Force Option” is “unreasonable when an officer has detained a suspect for minor infractions and the suspect clearly poses no threat to the officer or public safety.” In considering the use of OC, a suspect’s verbal refusal to comply or solely being non-compliant is not a sufficient cause to justify its use. In evaluating the government’s interest in using force, the court will evaluate the following criteria:

• The severity of the crime versus the governmental interests in the seizure

• Whether the suspect posed an immediate threat to the safety of the officer or others

• Whether the suspect was actively resisting arrest or attempting to evade arrest In evaluating reasonableness, the court deemed the most important factor to be whether the individual posed an immediate threat to the safety of the officers or others. PROCEDURES The OC canister should be held in the support hand, leaving the primary hand free to draw the firearm should the situation escalate to lethal force. Prior to spraying OC, officers should consider the wind direction and the location of officers who might be impacted by the OC.

When the OC is sprayed, it should be aimed at the suspect’s face and sprayed in a single burst of about one second. The ideal range of OC is three to12 feet.

After the initial burst, officers should, if feasible, wait momentarily for the OC to take effect and assess its effectiveness unless the suspect’s actions require the officer to take other actions. Once the OC takes effect, officers should carefully approach and control the suspect. The suspect should be handcuffed and monitored for signs of medical distress.

Generally, there will be a burning sensation as well as redness of the eyes. The mucous membranes may swell, and cause uncontrollable coughing, gagging or gasping. Exposed areas of the skin may become inflamed causing an intense burning sensation and redness.

If officers encounter a self-mutilating or suicidal individual, the use of OC spray may be a reasonable force option (based on the tactical scenario) to stop his or her actions. This will allow the individual to receive the needed emergency medical treatment.


• Ideal range of OC is three to 12 feet

• Have a backup plan in case OC is ineffective

• Secondary exposure of OC in confined spaces

• Age/size/strength of suspect

Use of Force – Tactics Directive No. 5.2 Oleoresin Capsicum Page 3 Use of Force Warning An officer shall, when feasible, give a verbal warning prior to using OC Spray to control an individual. The warning is not required when an officer is attacked and must respond to the suspect’s actions. Additionally, if a tactical plan requires the element of surprise to stabilize the situation, a warning is not required. Examples of this would be a hostage situation or a subject threatening suicide. However, officers are reminded that the surprise/tactical element must still be needed at the actual time the OC is sprayed. The verbal warning should include a command and a warning of potential consequences of the use of force. The command should be similar to “drop the weapon” or “stop what you are doing” followed by a warning similar to “or we may use OC Spray, and that may cause you injury.” The use or non-use of the warning shall be documented. The Non-Categorical Use of Force Report, Form 01.67.05, Use of Force Summary heading shall include:





• List all pertinent reasons that justify why the warning was not provided. The use of the warning, or the reasons for non-use of the warning will be factors considered in the determination whether the use of force was objectively reasonable. Transportation While the symptoms of OC last approximately 45 minutes, sprayed areas are usually clear of OC within 15 minutes through normal ventilation. Police vehicles used to transport a suspect who was sprayed with OC can be put back into service without having to be decontaminated. Upon arrival at the station, officers should advise any personnel who may come into contact with the suspect that the individual was exposed to OC. Medical Treatment Generally, medical treatment is not required for suspects who have been sprayed with OC. If a suspect who has been sprayed with OC experiences continued difficulty in breathing and/or vision impairment for an extended period, officers shall immediately request medical treatment.

[Type text]

Los Angeles Police Department Charlie Beck, Chief of Police

Volume XLVI, Issue 3 October 2017

WEAPONS OTHER THAN FIREARMS

The purpose of this Training Bulletin is to provide officers with options to deal with a suspect armed with a weapon other than a firearm.

The Los Angeles Police Department is guided by the principle of Reverence for Human Life in all investigative, enforcement, and other contacts between officers and members of the public. Unfortunately, dangerous confrontations between suspects armed with weapons other than firearms can sometimes result in serious bodily injury or death. Weapons other than firearms pose a threat to the public and officers and generally fall into two categories: edged weapons and blunt weapons. Edged weapons include any object capable of cutting, slashing, or stabbing. A blunt weapon is any object that can be used to strike a person and inflict serious bodily injury or death.

When dealing with suspects armed with edged weapons, distance is not the only factor that must be considered. When confronting a suspect armed with a weapon other than a firearm, officers must determine the type of weapon and assess the suspect’s ability to inflict serious bodily injury or death with that weapon. Resolving the situation safely using de-escalation techniques and proper planning should be primary objectives for officers dealing with suspects armed with weapons other than firearms. Officers should always attempt to resolve the situation with the least force possible; just because lethal

force may be authorized, it does not have to be used if the situation can be resolved safely with other force options. The guiding principle is preservation and reverence for human life.

PROCEDURES Communications Division personnel will proactively dispatch a field unit with a Beanbag Shotgun or other available less-lethal munitions and a supervisor to all calls involving any edged weapons. The goal is to pre-position resources so officers have a wide tactical choice of less lethal options when arriving on scene.

Planning

Officers should attempt to arrive at scene with a coordinated approach based upon initial information and any pre-existing knowledge of the suspect(s) or the involved parties. The dynamic nature of most incidents will require tactical plans to be flexible, and officers need to adapt their plan(s) as additional information or factors become known.

Weapons Other Than Firearms Page 2

Assessment

INITIAL: There is no single solution and every situation will be handled differently based upon the totality of the circumstances. When feasible, officers should consider available options and discuss tactics prior to an encounter with a suspect armed with a weapon other than a firearm.

Some factors to consider:

• The type of radio call or activity that brings the officers into the situation (e.g., emotionally charged incidents such as domestic violence, a person showing signs of impaired judgment, or a crime in progress)

• Suspect’s size, age, and physical condition • Danger signs (e.g., persons talking to themselves or unprovoked agitation) • The individual’s state of mind (e.g., angry, confused, evasive, threatening) • The availability of cover and concealment or barriers • The need to increase the distance from an individual with a weapon • Access to places where dangerous objects could be concealed such as bags,

pockets or bulky clothing • Remember to always observe the individual’s hands

CONTINUOUS: Officers should continually assess the situation as circumstances change and new information is received. If a suspect is failing to comply with orders, officers should attempt to determine whether a suspect’s lack of compliance is a deliberate attempt to resist or escape, or an inability to comprehend the situation due to environmental, physical, cognitive, or other conditions. If the suspect is unable to comprehend the situation, other tactical options may be more effective in resolving the situation safely.

Distance + Cover = Time

There is an equation that saves lives: Distance + Cover = Time. Time gives officers options. Time is an essential element of de-escalation as it allows officer the opportunity to communicate with the suspect, refine tactical plans, and, if necessary, call for additional resources. Entering the suspect’s space prematurely may force the suspect to take action, ultimately escalating the situation. Whenever possible, officers should place an object between themselves and the suspect as cover or a barrier. A barrier could be a chain link fence, wrought iron gate, or any similar object that prevents the assailant from reaching the officer. Due to “lag time, the urgency for officers to create distance between themselves and a suspect armed with a weapon other than a firearm cannot be overstated. Lag time is the time it takes a person to react to an action. If officers close the distance too quickly before assessing the situation, lag time could put them in danger.


If the suspect is contained and does not pose an immediate threat to officers, the public, or himself/herself, time is our best tool. Time allows more opportunity to communicate with the suspect and calm the situation. A Systemwide Mental Evaluation Assessment Response Team (SMART) can be requested through the Mental Evaluation Unit (MEU) if officers’ assessment indicates an individual is suspected of suffering from a mental illness or developmental disability. If the suspect is barricaded or suicidal, the Crisis Negotiation Team can be requested through Metropolitan Division.

Establishing Control

A situation is more likely to have a positive outcome if officers are able to establish control of the situation. The first concern is the safety of the public, which must be balanced with officer safety. Officers should obtain information about the suspect, including the type of weapon involved and anything that could help establish rapport, from family members, witnesses, or bystanders. These measures are crucial to ensure the safety of everyone at the scene. Officers have several use of force options available if the suspect poses a direct threat to the public or officers. The force used must be appropriate for the actions displayed by the suspect. If a suspect armed with a weapon other than a firearm is contained and poses no immediate threat to himself/herself, the public, or police officers, officers should attempt to resolve the situation using tactical

de-escalation techniques to gain voluntary compliance or mitigate the need to use a higher level of force while maintaining control of the situation.

Note: Tactical de-escalation does not require that an officer compromise his or

her safety or increase the risk of physical harm to the public. De-escalation techniques should only be used when it is safe and prudent to do so.

Redeployment and/or Containment

Redeployment and/or containment can afford officers the added benefit of time and distance while continuing to maintain control of the situation. The addition of time and distance may give officer an opportunity to re-assess, communicate, request additional resources, or deploy other tactics to reduce the likelihood of injury to both the public and officers while also mitigating any potential ongoing threats. Redeployment, however, should not enable a subject to gain a tactical advantage, arm himself/herself, or flee and pose a greater danger to the public or officers.

Tactical De-Escalation Techniques

• Planning

• Assessment

• Time

• Redeployment and/or Containment

• Other Resources

• Lines of Communication


Other Resources

Less-Lethal Options: In concert with the Department’s value and reverence for human life, officers and incident commanders shall consider the use of less-lethal force options whenever practical. Less-lethal options often offer the most reasonable force option to safely resolve the situation. Some less-lethal options include but are not limited to:

• 40mm Less-Lethal Launcher • Beanbag Shotgun • TASER • OC Spray

In the case of a tense or potentially dangerous encounter, requesting additional resources can provide officers with specialized expertise, personnel and tools to help control and contain an incident.

Communications

Effective communication throughout the incident is vital when dealing with a suspect armed with a weapon other than a firearm. Officers must be flexible in their communication, using the suspect’s reactions to determine if the particular line of communication is working. Officers may have to give clear direct orders using command presence, then switch to being a crisis negotiator, and then back to using command presence as the situation evolves. Officers should establish a rapport by treating the individual with respect and using a low, soothing tone of voice. The contact officer should introduce himself/herself by name and ask what is troubling the person. Open-ended questions should be used to get the person talking, such as “what happened today” or “why are you troubled” and “how can I help you?” Talking with a person may defuse the crisis or buy time, thus enabling a peaceful resolution. Listening skills are essential to identify the individual’s problem and provide a possible solution. Repeat the individual’s problem back to them and attempt to solve the problem by discussing solutions. Give the person hope that the problem can be solved. Often using active listening skills, paraphrasing, and allowing the suspect to vent frustrations can have a positive impact on the situation. When dealing with a person who is suspected of suffering from a mental illness and armed with a weapon other than a firearm, communication can be an officer’s best tool in resolving the situation. Although communication efforts may seem to be slow and tedious, they frequently result in the de-escalation of the situation. Remember, when an armed individual is also a person with a mental illness, it is important to try to speak in a calm, firm voice. If possible, create a tranquil environment during the contact, speaking slowly can often help improve communications. Individuals who are suspected of suffering from a mental illness may be easily overwhelmed or distressed by too many demands. When communicating, use short sentences and give one order at a time. Officers may have to repeat orders numerous times before the person will


respond. If tactics permit, give more than one option, instead of an ultimatum. It is important not to join in with the person’s hallucinations. Effective communication with the suspect can prevent the incident from escalating to a use of force, thus reducing the threat of injury to the officers and the suspect. Communicating with a suspect may slow down the incident, creating time to plan. All or some of the following tactics may be used in the same incident as time or circumstances allow:

• Verbal warnings • Persuasion • Defusing • Empathy • Redirecting

• Advisements • Building rapport • Asking open ended questions • Giving clear and direct orders

Note: Officers shall not use deadly force to attempt to disable a suicidal individual who lacks the present ability to cause serious injury or death to anyone other than himself/herself. The use of firearms to attempt to disable a suicidal suspect are generally ineffective and are likely to increase the risk of serious bodily injury or death to the suspect.

CONCLUSION

Officers often come into contact with emotionally charged suspects in situations such as domestic violence, crimes in progress, and people in crisis. With the rise of incidents involving weapons other than firearms, the equation that is most likely to

produce a positive outcome is Distance + Cover = Time and Time = Options. A barrier between officers and the suspect may give them additional time to handle the incident safely. If the suspect is contained and poses no immediate threat to the officers, the public, or himself/herself, officers can use techniques to reduce the intensity of an encounter with a suspect and enable them to have additional options to gain voluntary compliance or mitigate the need to use a higher level of force while maintaining control of the situation. This Training Bulletin cancels Volume XXXV, Issue 9, Weapons Other Than Firearms, dated May 2003. Field Training Services Unit Police Training and Education DISTRIBUTION “A”

Type text]

Working final working copy for OCPP revisions 6-10-20

Los Angeles Police Department Michel R. Moore, Chief of Police

Volume XLVIII, Issue 2 working copy for OCPP July 2019

RENDERING MEDICAL AID As first responders, officers are sometimes in position to assess needed medical aid, request additional resources, and initiate actions regarding the well-being and care of persons in need of immediate, life-saving medical attention. The Los Angeles Police Department is guided by the overarching principle of reverence for human life. In keeping with this principle, officers should take into consideration the response time of the fire department and take necessary action when safe and practicable to do so to provide medical assistance until the arrival of more qualified emergency rescue personnel.

Note: Emergency Rescue Personnel - Any person who is a peace officer, employee or member of a fire department, fire protection, or firefighting agency of the federal, state, county, or city government.

Definition Rendering Medical Aid is defined as the activation of emergency medical services by requesting fire department response and the provision of medical assistance as soon as safe and practicable to the level of an officer’s training, experience and available equipment. Medical assistance and medical aid, as used in this Bulletin, include skills from basic first aid up to and including basic life support (BLS). BLS incorporates those skills necessary to extend or preserve life, including but not limited to cardiopulmonary resuscitation (CPR), use of an Automated External Defibrillator (AED), rescue breathing, treating airway obstructions, bleeding control, and treating for shock.

PROTOCOL Officers, including detention officers, shall provide basic and emergency medical assistance to all members of the community, including victims, witnesses, subjects, suspects, persons in custody, subjects of a use of force, and fellow officers:

Rendering Medical Aid Page 2

• To the extent of the officer’s training and experience in first aid/CPR/AED; and;

• To the level of equipment available to an officer at the time assistance is needed. Available equipment includes personal protective equipment (PPE) which is necessary to avoid direct contact with bloodborne pathogens and other bodily fluids.

Officers should only render aid when it is safe and practicable to do so. Examples of an unsafe scene, or when aid would not be practicable, are:

• An ongoing tactical situation that would put officers in harm’s way;

• During a natural disaster which creates an unsafe environment; and,

• During or directly after a traumatic incident in which the officer’s mindset or physiological condition are not conducive to rendering medical aid (e.g. substantially involved in an officer-involved shooting).

Duty to Continue Care Once officers initiate medical assistance, they must continue until one of the following occurs:

• Environmental hazards endanger the officer or the scene becomes unsafe; or

• The officer is relieved by an equally or higher medically trained person;

• The officer becomes too exhausted to continue;

• The person receiving assistance expressly withdraws medical consent;

• The officer reasonably believes the person receiving assistance has died; or,

• The person receiving assistance responds positively to medical assistance and the officer reasonably believes further medical assistance is not needed. Note: To give or deny medical consent, an officer must reasonably believe the person receiving assistance has the present ability to knowingly give consent.

Implied Consent There is an assumption that an unconscious or confused person would consent to receiving emergency medical services if that person were able to do so. Officers should operate under this assumption unless a person is able to communicate and explicitly denies medical aid. Emergency rescue personnel have a responsibility to administer emergency medical services under implied consent whenever an officer reasonably believes a person is:

• Unconscious;

• In an altered mental state due to injury, alcohol, drugs, etc.;

• Incapable of giving consent due to a developmental, emotional or mental disability; or,


• A juvenile, and the parent or guardian is not present. Express Consent Officers should clearly identify themselves and ask for consent to administer emergency medical aid. Consent (i.e., permission) must be obtained from the ill or injured person before providing emergency medical aid. For the recipient to give lawful consent, the officer must reasonably believe the ill or injured person is:

• Conscious and oriented;

• Mentally competent enough to make rational decisions regarding his/her well-being; and,

• Eighteen years or older, or an emancipated minor. Refusal A conscious and apparently competent adult has the right to refuse any emergency medical services offered by emergency rescue personnel. Documentation Normally, the rendering of medical aid by officers, or a subject’s refusal of medical aid, will be documented via fire department personnel or recorded on Body Worn Video or Digital In-Car Video. If no separate documentation or recording exists, officers should document the circumstances and the basis for their decision to treat the person on the employee’s applicable daily report, e.g., Computer Aided Dispatch Summary Report. Immunity from Liability California Health and Safety Code Sections 1799.102-107 state, in part, that emergency rescue personnel qualify for immunity from liability from civil damages for any injury caused by an action taken when providing emergency medical services under certain specified conditions. California Peace Officer Standards and Training (POST) interprets the law by stating that to be protected from civil liability, emergency rescue personnel must:

• Act within the scope of their employment;

• Act in good faith; and,

• Provide a standard of care that is within the scope of their training and specific agency policy.

SUPERVISOR’S RESPONSIBILITIES Supervisors should ensure that medical assistance has been initiated under the


guidelines of this Bulletin and that fire department response has been requested in accordance with existing Department policy and procedure. COMMANDING OFFICER’S RESPONSIBILITIES Commanding officers are responsible for ensuring that officers under their command are equipped with all Department-issued equipment related to personal protection and First Aid/CPR/AED. Commanding officers shall ensure that employees submit an Employee’s Report, Form 15.7, documenting what happened to the used, damaged or missing equipment and what replacement items are needed and that the documentation is retained by the on-duty kit room officer. Replacement items should be obtained through Supply Division via a Supply Order Form, 15.11.00. CONCLUSION The Department’s principle of reverence for human life dictates that our officers initiate actions for the well-being and care of persons needing immediate, life-saving medical attention. The Department’s commitment to the communities we serve embodies not only providing professional policing services, but also providing medical assistance until the arrival of more qualified emergency rescue personnel.

Field Training Services Unit Police Training and Education DISTRIBUTION “A” Attachment: Definitions

Rendering Medical Aid

Definitions

TB Volume XLVIII, Issue 2, 2019

Advanced Life Support (ALS): Medically accepted, life sustaining, invasive procedures, provided at the direction of a physician or authorized registered nurse.

Automated External Defibrillator (AED): An external defibrillator capable of cardiac rhythm analysis which can deliver an electric shock to a cardiac arrest victim.

Basic Life Support (BLS): Medically accepted non-invasive procedures used to sustain life.

Cardio-Pulmonary Resuscitation (CPR): A method of artificially restoring and maintaining a person’s breathing and circulation.

Emergency Medical Services (EMS): First aid and medical services, rescue procedures and transportation, or other related activities necessary to ensure the health or safety of a person in imminent peril.

Emergency Rescue Personnel: Any person who is a peace officer, employee or member of a fire department, fire protection, or firefighting agency of the federal, state, county, or city government.

Implied Consent: The legal position that assumes that an unconscious, confused, or seriously ill person would consent to receiving emergency medical services if that person were able to do so.

Medical First Aid: Medical attention that is usually administered immediately after the injury occurs and at the location where it occurred. It often consists of a one-time, short-term treatment and requires little technology or training to administer.

DEPARTMENT MANUAL

VOLUME II

FOURTH QUARTER

093.96 TACTICS TRAINING REVIEW COMMITTEE – DEFINED. The Tactics Training

Review Committee (TTRC) is organized to develop the best practices in tactics, firearms, use of

force policy, and training to the recruit and in-service training curricula.

Tactics Training Review Committee Members. The Assistant Commanding Officer,

Personnel and Training Bureau's (PTB), shall serve as the committee chair. The following are

standing members of the TTRC:

• Assistant Commanding Officer, PTB, Chair;

• Commanding Officer, Training Division, (TD);

• Commanding Officer, In-Service Training, TD;

• Director, Police Training and Education (PTE);

• Commanding Officer, Critical Incident Review Division (CIRD);

• Officer in Charge, Firearms and Training Section, TD;

• Assistant Officer in Charge, Firearms and Training Section, TD;

• Officer in Charge, Field Operations Training Section, TD;

• Assistant Officer in Charge, Field Operations Training Section, TD;

• Officer in Charge, Field Training Services Unit, PTE;

• Representative from the Los Angeles City Attorney’s Office;

• Representative from Legal Affairs Division (LAD);

• Representative from the Office of the Inspector General (OIG), who will not have voting

rights. All recommendations from the OIG representative shall be present via the TTRC

to the COP for consideration; and,

• Representative Director from the Los Angeles Police Protective League (LAPPL), who

will not have voting rights. All recommendations from the LAPPL Director shall be

presented via the TTRC to the COP for consideration.

Tactics Training Review Committee Responsibilities. The TTRC shall be responsible to

perform the following:

• Review and recommend updates to the use of force policy to reflect developing practices

and procedures;

• Provide advice and recommendations to the COP regarding reliable and safe field tactics;

• Provide advice and recommendations regarding the appropriate manner in which to train

Department employees;

• Review and approve changes to existing tactics and firearms training prior to

implementation; and,

• Cross-staff with the Use of Force Best Practices Committee, and other appropriate

entities to prepare Use of Force-Tactics Directives for signature by the COP.

Reviewing Officer. The Director, Office of Support Services, is the Reviewing Officer for all

matters within the jurisdiction of the TTRC.

DEPARTMENT MANUAL

VOLUME II

FOURTH QUARTER

093.97 USE OF FORCE BEST PRACTICES COMMITTEE - DEFINED. The purpose of

the UOFBPC is to analyze issues on an as needed basis and trends arising from significant use of

force incidents. The UOFBPC is subcommittee of the TTRC.

Use of Force Best Practices Committee Members. The Commanding Officer, CIRD, will

serve as the committee chair. The following are standing members of the UOFBPC:

• Commanding Officer, Critical Incident Review Division, Chair;

• Assistant Commanding Officer, Personnel and Training Bureau;

• Two personnel selected from TD who are use of force trainers;

• Four personnel selected from the Office of Operations;

• Representative from the Los Angeles Police Protective League;

• One use of force expert or legal counsel from outside the Department;

• Representative from the Los Angeles City Attorney’s Office;

• Representative from LAD; and,

• Representative from Professional Standards Bureau.

Use of Force Best Practices Committee Responsibilities. The UOFBPC will be responsible to

perform the following:

• Provide insight into significant or notable use of force incidents to assist in adjudication

and identify lessons learned;

• Make recommendations regarding investigative protocols/tactics, or other issues arising

from the analysis of use of force incidents;

• Make recommendations regarding improvements to field procedures; and,

• Provide advice and recommendations to the Chief of Police regarding improvements in

field procedures, investigative protocols and tactics or other issues arising from the

analysis of use of force incidents as needed.

Meetings. The UOFBPC will meet on an as-needed basis as determined by the Chief of Police

or Director, Office of Support Services.

Reviewing Officer. The Director, Office of Support Services, is the Reviewing Officer for all

matters within the jurisdiction of the Use of Force Best Practices Committee.


ELECTRONIC CONTROL DEVICE TASER

PURPOSE The purpose of this Directive is to familiarize officers with the use, nomenclature, and operation procedures of the TASER. PROTOCOL Whenever practicable, officers shall exercise de-escalation techniques to resolve potential use of force incidents and seek voluntary compliance from suspects/subjects. The courts have held that Less-Lethal force options are “capable of inflicting significant pain and may cause serious injury.” Therefore, consistent with the Department’s Use of Force Policy, Less-Lethal force options are only permissible when:

An officer reasonably believes the suspect or subject is violently resisting arrest or poses an immediate threat of violence or physical harm.

Less-Lethal force options shall not be used for a suspect or subject who is passively resisting or merely failing to comply with commands. Verbal threats of violence or mere non-compliance by a suspect do not alone justify the use of Less-Lethal force. An officer may use the TASER as a reasonable force option to control a suspect when the suspect poses an immediate threat to the safety of the officer or others. Officers shall also consider:


• Whether the suspect was actively resisting arrest or attempting to evade arrest. The following do not alone justify the use of the TASER:


• Mere non-compliance

Note: The TASER should not generally be used on a fleeing suspect. Officers should pursue and attempt to contain a fleeing suspect while continually assessing the situation and considering the most appropriate tactical plan.

Use of Force - Tactics Directive No. 4.5 Electronic Control Device - TASER Page 2

The TASER may also be effective against aggressive animals to protect officers or others from serious injury. If officers encounter a self-mutilating or suicidal individual, the use of the TASER may be a reasonable force option (based on the tactical scenario) to stop his or her actions. This will allow the individual to receive the needed emergency medical treatment. Deployment Considerations When practicable, officers should avoid using the TASER on individuals who:

• Are on an elevated or unstable surface which could cause a fall that could result in a significant impact injury

• Are operating or riding any mode of transportation

• Are located in water, mud, or a marsh, and the ability to move is restricted

• Are known to have a pacemaker, be pregnant, under 12 years of age, elderly or visibly frail

• Are near flammable or combustible fumes/liquids

• Are handcuffed, restrained, incapacitated, or immobilized, unless doing so is necessary to prevent them from causing serious bodily harm to themselves, or others, and if lesser attempts of control have been ineffective

• Are fleeing or running away, unless the suspect is an immediate threat to themselves or others (officers should continually assess the situation considering the most appropriate tactical plan)

Note: Officers should not intentionally activate more than one TASER at a time on the same suspect/subject.

Use of Force Warning An officer shall, when feasible, give a verbal warning prior to using the TASER to control an individual. The warning is not required when an officer is attacked and must respond to the suspect’s actions. Additionally, if a tactical plan requires the element of surprise to stabilize the situation, a warning is not required. Examples of this would be a hostage situation or a subject threatening suicide. However, officers are reminded that the surprise/tactical element must still be needed at the actual time the TASER is fired. The verbal warning should include a command and a warning of potential consequences of the use of force. The command should be similar to “drop the weapon” or “stop what you are doing” followed by a warning similar to “or we may use the TASER, and that may cause you injury.”


• Continually evaluate the situation

• Consider another force option if the TASER appears to be ineffective

• Avoid repeated TASER applications where practicable to avoid possible injury


The use or non-use of the warning shall be documented. The Non-Categorical Use of Force Report, Form 01.67.05, Use of Force Summary heading shall include:


• An explanation and appropriate justification for not using the warning.

Statements that the “element of surprise was needed” or “for officer safety reasons” will not justify non-use of the warning. The explanation for non-use must:

• Clearly articulate why the element of surprise was needed,

• Explain in detail any officer safety considerations; and,

• List all pertinent reasons that justify why the warning was not provided. The use of the warning, or the reasons for non-use will be factors considered in the determination whether the use of force was objectively reasonable. PROCEDURES The TASER shall be carried in a Department approved holster on the support side of the duty belt in either a cross draw or support side draw position. A TASER or cartridge should not be placed in a clothing pocket as static electricity can deploy the cartridge. The most effective way to use the TASER is in the “probe” mode. When the TASER is used in the probe mode it has the ability to cause “neuro-muscular incapacitation” (NMI), which is the stimulation of the motor nerves causing uncontrollable muscle contractions that inhibit a suspect’s ability to perform coordinated movement. When used in the “drive-stun” mode, the TASER causes localized pain to the suspect. In close quarter situations, an effective technique is to apply a drive-stun with a live cartridge. This “three-point” drive-stun technique requires the officer to deploy the cartridge from a minimum of two inches from the suspect to allow the probes to deploy. This minimal deployment distance alone will not likely cause an NMI effect. With the deployed cartridge activated and left in place, the officer then applies the drive-stun away from the impact site of the probes. The spread between the probe impact site and the location of the applied drive-stun could have an effect similar to a probe deployment from a distance with a substantial probe spread, thus potentially causing NMI.

Note: When used in drive-stun mode only, the TASER causes localized pain to the suspect and does not cause NMI on the same scale as “probe-mode” or the “three-point” drive-stun technique, and should not be used on a suspect who is merely non-compliant.

The optimal range of the TASER is 7-15 feet from the suspect. The area of the suspect/subject’s back, just below the neck, remains the preferred target area when practical. For frontal applications, officers should attempt to target the navel area in an


effort to place one probe above the waist and one probe below the waist for optimal effectiveness. When an officer needs a TASER, the officer shall broadcast the unit designation, location, and "Code Tom." Once activated on a suspect/subject, the TASER activation duration is 5 seconds. During this period of incapacitation that the suspect/subject experiences, the arrest team should take positions of advantage to immediately control the suspect/subject and take them into custody minimizing and mitigating the need to use additional force. Because the Department recognizes that each tactical situation is unique and that officers must be given the flexibility to resolve tactical situations in the field, there is no pre-set limit on the number of times the TASER can be used in a particular situation; however, officers should generally avoid repeated or simultaneous activations to avoid potential injury to the suspect. The Department looks to the “objectively reasonable” standard and the totality of the circumstances in determining the reasonableness of the force used, which may include the number of times a particular force option was utilized. Thus, officers must continually evaluate the situation they are in and the apparent effectiveness of the force option they have selected. If the force option they have selected does not appear to be effective, officers should consider transitioning to another, and potentially more effective, objectively reasonable force option.

Medical Treatment

Whenever the TASER is used and the probes and/or electrodes make contact with the suspect's clothing or skin, the suspect shall be examined by medical personnel. If the suspect loses consciousness, officers shall immediately request an ambulance.

Note: Medical personnel shall include a doctor or a nurse at a contract hospital or jail dispensary.

Reporting The use of a TASER is a reportable use of force when one or more of the probes and/or electrodes make contact with the suspect's clothing or skin. If no contact is made, the circumstances shall be documented in the appropriate report such as a crime, arrest or Employee's Report, Form 15.07.00. Supervisors shall photograph all visible as well as complained of injuries, even when evidence of injury is not present. Data Downloads Supervisors shall download the data from the TASER after a reportable non-categorical use of force incident. Supervisors are required to ensure the TASER data is printed, scanned, and attached electronically to the use of force report.


DEFINITIONS Probe Mode: Utilizes the TASER cartridge while attached to the TASER unit. Firing the two probes attached to wires making contact with the suspect which could cause NMI. This is the most effective way to use the TASER. Drive-Stun/Direct-Stun: Two contacts on the cartridge or the TASER unit that conduct energy to affect the suspect’s sensory nerves causing localized pain. This feature may be used with or without a cartridge in place. If a cartridge is in place, the probes will fire when the trigger is pressed. This is not the most effective way to use the TASER. The most effective way to use the TASER is in the probe mode. Three-Point Drive-Stun: A technique where a drive-stun is applied with a deployed live cartridge. After deploying a cartridge from a minimum of two inches from the suspect, the officer applies a drive-stun to an area of the body away from the probe impact site. The spread between the deployed probes and the area of the applied drive-stun could potentially cause an NMI effect. Optimal Range: The optimal range for the TASER is 7-15 feet. This range gives the most effective spread of the probes to accomplish NMI. Optimal Target Areas: Back or navel area for probes. Forearm, outside of thigh, calf muscle for drive-stun/direct-stun. Avoid using the stun feature on the head, face, throat, and groin.

Note: There are many factors that affect an officer’s ability to hit the intended target area of a suspect. When a suspect is struck in a location outside the optimum target area, the officers should be prepared to explain the deviation.

Points to Remember

• Optimal range is 7-15 feet

• Most effective in probe mode

• Three-point drive-stun may be used in close quarters

• Consider another force option if the TASER appears to be ineffective

• Data downloaded following a reportable non-categorical use of force

UOF-TAC Dir. No. 4.5, 2018 1 of 4

KEY POINTS TASER CHARACTERISTICS

Current Model

• Department issued: TASER International Model X26P (green)

Neuro-Muscular

Incapacitation

(NMI)

• Occurs when a TASER causes involuntary stimulation of both the sensory and motor nerves

• It is not dependent on pain and can be effective on subjects with a high level of pain tolerance

• There are different levels of NMI ranging from limited area effects to significant body lockup

• The greater the spread of the probes, the higher likelihood of NMI • The TASER may not achieve total NMI • A subject may maintain muscle control, particularly in arms and legs

(depending on many factors, including probe locations) • Be prepared with other force options including a drive-stun follow up to

spread NMI over a wider area if necessary and when reasonably appropriate

• Drive stun alone will not usually achieve NMI, only localized pain

Weapon Inspection

• Spark tests should be conducted at the start of watch. The TASER should

be spark tested for the full 5-second cycle • Visually check to ensure there is not a cartridge in the chamber • Point the TASER at a wall or other object away from other people • Place the safety up, activating the laser sight, ensuring the laser sight is

functioning properly (one dot representing the path of the top probe) • Visually check the Central Information Display and the battery life indicator

while the safety is up, to verify that a fault icon is not displayed above the battery life indicator

• Press the trigger and listen for rapid sparking (approximately 19-pulses per second)

• Place the safety in the safe (down) position, load the TASER with a cartridge, and holster

• Each time the spark check is conducted it should be recorded on the DFAR

Holster (Wearing)

• Shall be worn on the support side of the duty belt in either a cross draw or

support side draw position • A TASER or cartridge should not be placed in a clothing pocket as static

electricity can deploy the cartridge. In addition, a clothing pocket does not provide adequate security of the weapon

UOF-TAC Dir. No. 4.5, 2018 2 of 4


Deployment

• The TASER should be deployed in the field with an additional cartridge

either secured in a reload pouch attached to the holster or on the end of the eXtended Performance Power Magazine

• The TASER is activated for 5-seconds by pressing and releasing the trigger

• The 5-second cycle can be terminated by placing the safety down • Avoid repeated TASER applications when practical to reduce the risk of

injury • Suspect can be touched while the TASER is activated except between or

within 2-inches of the probes • Within close quarters of the suspect, the TASER with cartridge can be

deployed with a minimal spread of the probes. The effectiveness can be improved by applying a drive stun with the expended cartridge in place to a different area of the body away from the deployed probes during the 5-second cycle

• Generally, officers should avoid using the TASER when the suspect: • is on an elevated/unstable surface • could fall and suffer impact injury • could fall on a sharp object/surface • is less able to catch/protect self in a fall • is operating/riding any mode of transportation • is located in water/mud/marsh if the ability to move is restricted • is known to be pregnant or have pacemaker • is under twelve years of age • is near flammable or combustible fumes

Optimum

Target Areas

• Optimal target areas are the back or navel area • If practicable, aim the TASER at the suspect’s back where the clothes fit

tighter and there is more muscle mass • Officers should target the navel area to place one probe above the waist

and one probe below the waist for optimal effectiveness • Avoid targeting the head, face, throat, and groin

Stun Feature

• Not as effective as using probes, no NMI. Affects only the sensory

nervous system • Drive stun can be used without a cartridge, with an expended cartridge or

a live cartridge; however, with a live cartridge the probes will fire into the suspect

• Drive stuns with a cartridge are preferable as officers can deploy the

probes to one part of the body and apply a three-point drive stun with the

expended cartridge to another part of the body away from the probes

• When utilizing the drive stun without a cartridge, drive the TASER into the suspect’s forearm, outside of thigh, or calf muscle for maximum effectiveness

• Avoid using the drive stun on the head, face, throat, and groin

UOF-TAC Dir. No. 4.5, 2018 3 of 4


TASER Cartridges

• 5-year shelf life with expiration date listed on the rear in the left corner • Cartridges with yellow blast doors (training) shall not be deployed in the

field • Cartridges with silver blast doors have 21-feet length of wire • Cartridges with green blast doors have 25-feet length of wire • Reversible loading • Do not use TASER cartridges when the front blast door is missing,

cracked, or damaged • Anti-Felon Identification (AFID) Tags, marked with the cartridge serial

number are released each time a new cartridge is fired

Batteries

• 3 x 3-volt lithium power cells, within the Automatic shut-down Performance

Power Magazine (APPM), that do not require recharging • Provides up to 500 plus 5-second cycles • The APPM requires replacement when percentage of battery life is less

than 20% • Continued use at 0% could damage the TASER • The eXtended Performance Power Magazine (XAPPM) allows an extra

cartridge to be carried on the end. The XAPPM is authorized for field use • The APPM is designed to automatically stop the cycle after 5-seconds,

even if the trigger is continuously pressed

Central Information

Display (CID)

• Percentage of battery life remaining displayed when the safety is in the up

position. Each bar represents 20% of battery • 1, 2, 3, 4, 5 count up when weapon is triggered. Illumination status of

weapon when light selector button is activated • Displays system status through icons located above the battery icon. If no

icon is present, the TASER is functioning properly. If a triangle or octagon icon appears above the battery icon, the TASER should be replaced

Illumination

Selector

• Place the safety switch in the down position and unload the cartridge • Press and hold the illumination selector for approximately two seconds until

the CID display illuminates • Press and release the illumination selector to toggle through the four

available modes until the setting desired is displayed on the CID LO: Laser only will illuminate OF: Only light will illuminate LF: Laser and light illuminate OO: No laser or light; CID dims • The selected mode will display on the CID for five seconds when activated

UOF-TAC Dir. No. 4.5, 2018 4 of 4


Data Port

• Stores the date and time each time the TASER is armed (safety up),

triggered, and made safe (safety down) • The TASER stores the duration of each trigger cycle and the total duration

from when the TASER was armed to when it was made safe

Maintenance and Care

• Avoid dropping the TASER and cartridges • Store the TASER unloaded at the end of watch • Avoid exposing to excessive moisture • Occasionally wipe out cartridge firing bay with a dry cloth • Check expiration date of TASER cartridges • Synchronize the TASER internal clock every January and July

556.10 POLICY ON THE USE OF FORCE.

PREAMBLE TO USE OF FORCE. The use of force by members of law enforcement is a

matter of critical concern both to the public and the law enforcement community. It is

recognized that some individuals will not comply with the law or submit to control unless

compelled to do so by the use of force; therefore, law enforcement officers are sometimes called

upon to use force in the performance of their duties. The Los Angeles Police Department also

recognizes that members of law enforcement derive their authority from the public and therefore

must be ever mindful that they are not only the guardians but also the servants of the public.

The Department’s guiding principle when using force shall be reverence for human life. Officers

shall attempt to control an incident by using time, distance, communication, and available

resources in an effort to de-escalate the situation, whenever it is safe, feasible and reasonable to

do so. As stated below, when warranted, Department personnel may use objectively reasonable

force to carry out their duties. Officers may use deadly force only when they reasonably believe,

based on the totality of circumstances, that such force is necessary in defense of human life.

Officers who use unreasonable force degrade the confidence of the community we serve, expose

fellow officers to physical hazards, violate the law and rights of individuals upon whom

unreasonable force or unnecessary deadly force is used, and subject the Department and

themselves to potential civil and criminal liability. Conversely, officers who fail to use force

when warranted may endanger themselves, the community and fellow officers.

POLICY.

Use of De-Escalation Techniques. It is the policy of this Department that, whenever feasible,

officers shall use techniques and tools consistent with Department de-escalation training to

reduce the intensity of any encounter with a suspect and enable an officer to have additional

options to mitigate the need to use a higher level of force while maintaining control of the

situation.

Verbal Warnings. Where feasible, a peace officer shall, prior to the use of any force, make

reasonable efforts to identify themselves as a peace officer and to warn that force may be used,

unless the officer has objectively reasonable grounds to believe that the person is aware of those

facts.

Proportionality. Officers may only use a level of force that they reasonably believe is

proportional to the seriousness of the suspected offense or the reasonably perceived level of

actual or threatened resistance.

Fair and Unbiased Policing. Officers shall carry out their duties, including use of force, in a

manner that is fair and unbiased. Discriminatory conduct on the basis of race, religion, color,

ethnicity, national origin, age, gender, gender identity, gender expression, sexual orientation,

housing status, or disability while preforming any law enforcement activity is prohibited.

Use of Force − Non-Deadly. It is the policy of this Department that personnel may use only that

force which is “objectively reasonable” to:

• Defend themselves;

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• Defend others;

• Effect an arrest or detention;

• Prevent escape; or,

• Overcome resistance.

Factors Used to Determine Objective Reasonableness. Pursuant to the opinion issued by the

United States Supreme Court in Graham v. Connor, the Department examines the

reasonableness of any particular force used: a) from the perspective of a reasonable Los Angeles

Police Officer with similar training and experience, in the same situation; and b) based on the

facts and circumstances of each particular case. Those factors may include, but are not limited

to:

• The feasibility of using de-escalation tactics, crisis intervention or other alternatives to

force;

• The seriousness of the crime or suspected offense;

• The level of threat or resistance presented by the subject;

• Whether the subject was posing an immediate threat to officers or a danger to the

community;

• The potential for injury to citizens, officers or subjects;

• The risk or apparent attempt by the subject to escape;

• The conduct of the subject being confronted (as reasonably perceived by the officer at the

time);

• The amount of time and any changing circumstances during which the officer had to

determine the type and amount of force that appeared to be reasonable;

• The availability of other resources;

• The training and experience of the officer;

• The proximity or access of weapons to the subject;

• Officer versus subject factors such as age, size, relative strength, skill level,

injury/exhaustion and number of officers versus subjects; and,

• The environmental factors and/or other exigent circumstances.

Drawing or Exhibiting Firearms. Unnecessarily or prematurely drawing or exhibiting a

firearm limits an officer’s alternatives in controlling a situation, creates unnecessary anxiety on

the part of citizens, and may result in an unwarranted or accidental discharge of the firearm.

Officers shall not draw or exhibit a firearm unless the circumstances surrounding the incident

create a reasonable belief that it may be necessary to use the firearm. When an officer has

determined that the use of deadly force is not necessary, the officer shall, as soon as practicable,

secure or holster the firearm. Any drawing and exhibiting of a firearm shall conform with this

policy on the use of firearms. Moreover, any intentional pointing of a firearm at a person by an

officer shall be reported. Such reporting will be published in the Department’s year-end use of

force report.

Use of Force − Deadly. It is the policy of this Department that officers shall use deadly force

upon another person only when the officer reasonably believes, based on the totality of

circumstances, that such force is necessary for either of the following reasons:

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• To defend against an imminent threat of death or serious bodily injury to the officer or to

another person; or

• To apprehend a fleeing person for any felony that threatened or resulted in death or

serious bodily injury, if the officer reasonably believes that the person will cause death or

serious bodily injury to another unless immediately apprehended.

In determining whether deadly force is necessary, officers shall evaluate each situation in light of

the particular circumstances of each case and shall use other available resources and techniques

if reasonably safe and feasible. Before discharging a firearm, officers shall consider their

surroundings and potential risks to bystanders to the extent reasonable under the circumstances.

Note: Because the application of deadly force is limited to the above scenarios, an officer

shall not use deadly force against a person based on the danger that person poses to

themselves, if an objectively reasonable officer would believe the person does not pose

an imminent threat of death or serious bodily injury to the officer or another person.

Department’s Evaluation of Deadly Force. The Department will analyze an officer’s use of

deadly force by evaluating the totality of the circumstances of each case consistent with

California Penal Code Section 835(a) as well as the factors articulated in Graham v. Connor.

Rendering Aid. After any use of force, officers shall promptly provide basic and emergency

medical assistance to all members of the community, including victims, witnesses, subjects,

suspects, persons in custody, subjects of a use of force and fellow officers:

To the extent of the officer’s training and experience in first aid/CPR/AED; and

To the level of equipment available to an officer at the time assistance is needed.

Warning Shots. It is the policy of this Department that warning shots shall only be used in

exceptional circumstances where it might reasonably be expected to avoid the need to use deadly

force. Generally, warning shots shall be directed in a manner that minimizes the risk of injury to

innocent persons, ricochet dangers and property damage.

Shooting at or From Moving Vehicles. It is the policy of this Department that firearms shall

not be discharged at a moving vehicle unless a person in the vehicle is immediately threatening

the officer or another person with deadly force by means other than the vehicle. The moving

vehicle itself shall not presumptively constitute a threat that justifies an officer’s use of deadly

force. An officer threatened by an oncoming vehicle shall move out of its path instead of

discharging a firearm at it or any of its occupants. Firearms shall not be discharged from a

moving vehicle, except in exigent circumstances and consistent with this policy regarding the use

of Deadly Force.

Note: It is understood that the policy regarding discharging a firearm at or from a

moving vehicle may not cover every situation that may arise. In all situations, officers

are expected to act with intelligence and exercise sound judgment, attending to the spirit

of this policy. Any deviations from the provisions of this policy shall be examined

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rigorously on a case by case basis. The involved officer must be able to clearly articulate

the reasons for the use of deadly force. Factors that may be considered include whether

the officer’s life or the lives of others were in immediate peril and there was no

reasonable or apparent means of escape.

Requirement to Report Potential Excessive Force. An officer who is present and observes

another officer using force that the present and observing officer believes to be beyond that

which is necessary, as determined by an objectively reasonable officer under the circumstances

based upon the totality of information actually known to the officer, shall report such force to a

superior officer.

Requirement to Intercede When Excessive Force is Observed. An officer shall intercede when

present and observing another officer using force that is clearly beyond that which is necessary,

as determined by an objectively reasonable officer under the circumstances, taking into account

the possibility that other officers may have additional information regarding the threat posed by

a subject.

DEFINITIONS.

Deadly Force. Deadly force is defined as any use of force that creates a substantial risk of

causing death or serious bodily injury, including but not limited to, the discharge of a firearm.

Feasible. Feasible means reasonably capable of being done or carried out under the

circumstances to successfully achieve the arrest or lawful objective without increasing risk to the

officer or another person.

Imminent. Pursuant to California Penal Code Section 835a(e)(2), “[A] threat of death or serious

bodily injury is “imminent” when, based on the totality of the circumstances, a reasonable officer

in the same situation would believe that a person has the present ability, opportunity, and

apparent intent to immediately cause death or serious bodily injury to the peace officer or

another person. An imminent harm is not merely a fear of future harm, no matter how great the

fear and no matter how great the likelihood of the harm, but is one that, from appearances, must

be instantly confronted and addressed.”

Necessary. In addition to California Penal Code 835(a), the Department shall evaluate whether

deadly force was necessary by looking at: a) the totality of the circumstances from the

perspective of a reasonable Los Angeles Police Officer with similar training and experience; b)

the factors used to evaluate whether force is objectively reasonable; c) an evaluation of whether

the officer exhausted the available and feasible alternatives to deadly force; and d) whether a

warning was feasible and/or given.

Objectively Reasonable. The legal standard used to determine the lawfulness of a use of force

is based on the Fourth Amendment to the United States Constitution. See Graham v. Connor,

490 U.S. 386 (1989). Graham states, in part, “The reasonableness of a particular use of force

must be judged from the perspective of a reasonable officer on the scene, rather than with the

20/20 vision of hindsight. The calculus of reasonableness must embody allowance for the fact

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that police officers are often forced to make split-second judgments − in circumstances that are

tense, uncertain and rapidly evolving − about the amount of force that is necessary in a particular

situation. The test of reasonableness is not capable of precise definition or mechanical

application.”

The force must be reasonable under the circumstances known to or reasonably believed by the

officer at the time the force was used. Therefore, the Department examines all uses of force

from an objective standard rather than a subjective standard.

Serious Bodily Injury. Pursuant to California Penal Code Section 243(f)(4) Serious Bodily

Injury includes but is not limited to:

• Loss of consciousness;

• Concussion;

• Bone Fracture;

• Protracted loss or impairment of function of any bodily member or organ;

• A wound requiring extensive suturing; and,

• Serious disfigurement.

Totality of the Circumstances. All facts known to or reasonably perceived by the officer at the

time, including the conduct of the officer and the subject leading up to the use of force.

Warning Shots. The intentional discharge of a firearm off target not intended to hit a person, to

warn others that deadly force is imminent.



Directive No. 16 October 2016

TACTICAL DE-ESCALATION TECHNIQUES

PURPOSE The Los Angeles Police Department (LAPD) is guided by the principle of Reverence for Human Life in all investigative, enforcement, and other contacts between officers and members of the public. When officers are called upon to detain or arrest a suspect who is uncooperative, actively resisting, may attempt to flee, poses a danger to others, or poses a danger to him or herself, they should consider tactics and techniques that may persuade the suspect to voluntarily comply or may mitigate the need to use a higher level of force to resolve the situation safely. The purpose of this Directive is to define tactical de-escalation techniques and does not address all techniques that may be used to reduce the intensity of an incident. Tactical De-Escalation defined: Tactical de-escalation involves the use of techniques to reduce the intensity of an encounter with a suspect and enable an officer to have additional options to gain voluntary compliance or mitigate the need to use a higher level of force while maintaining control of the situation.

Note: Tactical de-escalation does not require that an officer compromise his or her safety or increase the risk of physical harm to the public. De-escalation techniques should only be used when it is safe and prudent to do so.

PROTOCOL While enforcing the law and protecting the public, officers are often forced to make split-second decisions in circumstances that are tense, uncertain, rapidly changing, and dangerous. In rapidly developing circumstances, especially when a suspect poses an imminent threat of death or serious bodily injury, officers may not have sufficient time or reasonable options available to resolve the situation without the need to use objectively reasonable force. In other circumstances, however, de-escalation techniques may enable officers to gain additional time and tactical options to potentially reduce the necessity of using force to take a suspect into custody, prevent escape or address a threat while also maintaining control of the situation.

Use of Force - Tactics Directive No. 16 Tactical De-Escalation Techniques Page 2 TACTICAL DE-ESCALATION TECHNIQUES Planning. Officers should attempt to arrive at scene with a coordinated approach based upon initial information and any pre-existing knowledge of the suspect(s) or the involved parties. The dynamic nature of most incidents will require tactical plans to be flexible, and officers need to adapt their plan(s) as additional information or factors become known to the officer(s). Assessment. Officers should continually assess the situation as circumstances change and new information is received. If a suspect is failing to comply with orders, officers should attempt to determine whether a suspect’s lack of compliance is a deliberate attempt to resist or escape, or an inability to comprehend the situation due to environmental, physical, cognitive, or other conditions. If the suspect is unable to comprehend the situation, other tactical options may be more effective in resolving the situation safely. Time. Distance+Cover=Time. Time is an essential element of de-escalation as it allows officers the opportunity to communicate with the suspect, refine tactical plans, and, if necessary, call for additional resources. If a suspect is contained and does not pose an imminent threat to officers, the public, or himself/herself, time can provide an opportunity for the suspect to reconsider his/her actions and decisions. Redeployment and/or Containment. Redeployment and/or containment can afford officers the added benefit of time and distance while continuing to maintain control of the situation. The addition of time and distance may give officers an opportunity to re-assess, communicate, request additional resources, or deploy other tactics to reduce the likelihood of injury to both the public and officers while also mitigating any potential ongoing threats. Redeployment, however, should not enable a subject to gain a tactical advantage, arm himself/herself, or flee and pose a greater danger to the public or officers. Other Resources. In the case of a tense or potentially dangerous encounter, requesting additional resources can provide officers with specialized expertise, personnel and tools to help control and contain an incident. Lines of Communication. Maintaining open lines of communication between officers and communicating effectively with a suspect are critically important when managing a tense or potentially dangerous encounter. Communication between officers can improve decision-making under tense circumstances and increase the effectiveness of coordinated actions. In addition, when a suspect observes that officers are prepared,

Tactical De-Escalation Techniques

Planning

Assessment

Time

Redeployment and/or Containment

Other Resources

Lines of Communication

Use of Force -Tactics Directive No. 16Tactical De-Escalation TechniquesPage 3

well organized, professional, and working as a team, he or she may be deterred fromattempting to flee, fight, or actively resist.

Because every situation is fluid and unique, ongoing communication and coordinationbetween officers is critically important to respond effectively in a tense and uncertainencounter. Communicating with a suspect may slow down the incident, creating time toplan. All or some of the following tactics may be used in the same incident as time orcircumstances allow:

• Verbal warnings• Persuasion• Defusing• Empathy• Redirecting

CONCLUSION

• Advisements• Building rapport• Asking open ended questions• Giving clear and direct orders

The overall objective of any tactical encounter is to gain control and safely resolve thesituation. Tactical situations vary and there is no single solution to resolving everyincident. In addition, some situations require an immediate response and de-escalationtechniques are neither viable nor effective options. Nevertheless, employing tactical de-escalation techniques under the appropriate circumstances can improve officer safety,mitigate threats, reduce injuries, build public trust, and preserve life.

Important Reminder

Deviation from these basic concepts sometimes occurs due to the fluid and rapidly evolvingnature of law enforcement encounters and the environment in which they occur. Deviationsmay range from minor, typically procedural or technical, to substantial deviations fromDepartment tactical training. Any deviations are to be explained by the involved officer(s), andjustification for substantial deviation from Department tactical training shall be articulated andmust meet the objectively reasonable standard of the Department's Use of Force policy.

CHARLIE BECKChief of Police

DISTRIBUTION "A"

245. EMPLOYEE - INVOLVED USE OF FORCE INCIDENTS.

245.02 OFFICER'S PUBLIC SAFETY STATEMENT - CATEGORICAL USE OF FORCE INCIDENTS. Employees involved in a Categorical use of force shall provide a public safety statement to the first arriving supervisor. The statement shall include, but not be limited to the following:

l Type of force used;l Direction and approximate number of any shots fired by the involved employee(s) and/or suspect

(s), if applicable;l Location of injured persons, including those in need of medical attention, if any;l Description of outstanding suspect(s) and his/her direction(s) of travel, time elapsed since the

suspect was last seen, and any suspect weapon(s);l Description and location of any known victims or witnesses;l Description and location of any known evidence; and,l Other information as necessary to ensure officer and public safety and assist in the apprehension

of outstanding suspects(s).

After providing sufficient information, the employee shall remain separated from other involved/witness employees and shall not discuss the incident with anyone other than the assigned investigators and the employee’s representative.

245.05 CATEGORIES AND INVESTIGATIVE RESPONSIBILITIES FOR USE OF FORCE. A reportable use of force incident is classified as either a Categorical Use of Force (CUOF) or a Non-Categorical Use of Force (NCUOF). Categorical uses of force are outlined in Department Manual Section 3/794.10, Categorical Use of Force Investigations. Force Investigation Division (FID) is responsible for the investigation of all CUOF incidents. All other reportable uses of force are classified as NCUOF incidents, including any unintentional (inadvertent or accidental) head strike(s) with an impact weapon or device which does not result in serious bodily injury, hospitalization or death and is approved to be handled as a NCUOF by the Commanding Officer, FID. Advice regarding the reportability or categorization of a use of force should be requested from FID or Critical Incident Review Division (CIRD) directly or via the Department Operations Center.

Non-Categorical Use of Force Incident-Defined. A NCUOF is defined as an incident in which any on-duty or off-duty Department employee whose occupation as a Department employee is a factor, uses physical force or a control device to:

l Compel a person to comply with the employee's direction; l Defend themselves;l Defend others;l Effect an arrest or detention;l Prevent escape; or,l Overcome resistance.

Note: It is the policy of the Department that personnel may use only that force which is objectively reasonable.

The following incidents are not reportable NCUOF incidents:

l Any incident investigated by FID (Department Manual Section 3/794.10);l The use of a C-grip, firm grip, or joint lock which does not result in an injury or complained of



injury to the subject;l The use of a joint lock walk-down or body weight to overcome a subject's passive resistance which does not

result in an injury or complained of injury to the subject;l In a crowd control situation, a use of force report is not required when officer(s) become involved in an incident

where force is used to push, move, or strike individuals who exhibit unlawful or hostile behavior and who do not respond to verbal directions by the police. This applies only to officers working in organized squad and platoon sized units directly involved in a crowd control mission. Additionally, should force be utilized under these circumstances, officers shall notify their immediate supervisor of the use of force once the tactical situation has been resolved. The supervisor shall report the action on the Incident Command System (ICS), Form 214(Activity Log), or as directed by the incident commander. When a suspect has been taken Into custody, the booking number or Division of Records (DR) number of the related report shall be cross-referenced on the ICS Form; and,

Note: The use of chemical agents, including OC on a crowd as a whole, during crowd control situations shall be approved by a commander or above.

l The discharge, including tactical discharge, of a projectile weapon (e.g., beanbag shotgun, 37mm or 40mm projectile launcher or Compressor Air Projectile System), electronic control device (Taser), or any chemical dispenser that does not make contact with an individual or their clothing is not a reportable use of force.

Note: Such incidents shall be reported on an Employee's Report, Form 15.07.00, and submitted to the employees commanding officer for review and appropriate action. After all risk management, misconduct, or policy issues are identified, the Employee's Report shall be forwarded to Personnel and Training Bureau and CIRD for review and retention. A copy can be forwarded to [email protected].

A use of force report is required when an officer(s) becomes involved in an isolated incident with an individual during a crowd control situation, which goes beyond the mission of the skirmish line.

245.10 REPORTING A NON - CATEGORICAL USE OF FORCE INCIDENT.

Employee's Responsibilities. An employee who becomes involved in a reportable Non-Categorical Use of Force (NCUOF) incident shall:

l Notify a supervisor without delay;l The author of the report shall report the full details of the use of force incident in the related

Department arrest or crime report;l Use an Employee's Report, Form 15.07.00, to report the full details of the use of force incident

when a crime or arrest report is not required; l Document the name of the investigating supervisor in the related arrest or crime report, or

Employee's Report, under the heading “Additional”, and,l Ensure that all descriptions of suspect's actions and officers' actions are in plain language (versus

"aggressive/combative" etc.).

Off-duty employees who become involved in a reportable use of force incident in which the employee's occupation as a Department employee is a factor shall notify his or her supervisor or watch commander without unnecessary delay. Notification shall be made to the Department Operations Center when the employee's location of assignment is closed.



Note: Off-duty employees completing use of force related reports shall submit a copy to their supervisor no later than their next regularly scheduled tour of duty.

Investigating Supervisor's Responsibilities. When a NCUOF incident occurs, an uninvolved supervisor from the employee's (command or from the nearest Area when either the employee’s command is closed or the employee’s supervisor is not available to respond), shall be assigned to conduct the NCUOF investigation.

Generally, a supervisor who witnessed a NCUOF incident should not conduct a use of force investigation. However, the watch commander may make exceptions on a case-by-case basis, based on exceptional operational needs. The watch commander shall document the exceptional operational need in a Watch Commander's Daily Report, Form 15.80.00. Any supervisor who is involved in the use of force incident is not permitted to conduct the investigation.

Note: An involved supervisor is defined as a supervisor who used force, monitored the officer's actions and was in a position to intervene if necessary, provided guidance or direction during the use of force, or participated in the on-scene planning or directing related to the incident.

The supervisor assigned to conduct the investigation shall:

l Respond and conduct an on-scene investigation;

Exception: When an on-scene investigation is impractical due to exigent circumstances, such as a hostile group or an off-duty employee’s distance from the City, the supervisor shall consult with his/her watch commander or officer in charge and arrange for a reasonable alternative.

l Collect and preserve all appropriate evidence and canvas the scene to locate witnesses, when appropriate;

l Document the vantage point of officers and witness(es), as well as any part of the force observed for Level I incidents;

l Conduct independent interviews with all involved and witnessing Department employees, non-Department witnesses, and the person(s) against whom force was used (group interviews are prohibited). Supervisors shall activate their Body Worn Video (MWV) when interviewing all non-Department witnesses during all NCUOF Level I and Level II investigations, except as specified below;

¡ A witness or victim refuses to provide a statement if recorded and the encounter is non-confrontational;

¡ In the supervisor’s judgement, a recording would interfere with his or her ability to conduct an investigation, or may be inappropriate, because of the witness’s physical condition, emotional state, age or other sensitive circumstances

(e.g., a victim of rape, incest or other form of sexual assault);¡ Situations where recording would risk the safety of a confidential informant or citizen

informant; or, ¡ In patient-care areas of a hospital, rape treatment center, or other healthcare facility unless

an enforcement action is taken in these areas.

Note: If a supervisor's BWV was not activated, and explanation shall be provided in the NCUOF.



l Determine an initial classification of the NCUOF as either a Level I or Level II incident; l Review all audio and video recordings of the use of force and state in the report that recordings

were reviewed; l Identify the time frames relevant to the use of force and electronically “bookmark” the relevant

portions for subsequent reviewers; l Form Level I investigations, electronically record the statement of the subject of the use of force

and non-Department witnesses;

Note: If during the course of the investigation by Area personnel, a NCUOF incident is reclassified from a Level II to a Level I incident, the investigating supervisor shall attempt to re-interview and electronically record the statement of the subject of the use of force and of non-Department witnesses, if not done during the initial investigation. If unable to re-interview and/or record the interview at that time, an explanation of what attempts were made to re-interview the parties is required.

l Verify whether all statements are consistent with the arrest report or related reports; l Identify and document any inconsistencies or conflicts between the accounts of the officers, the

suspect(s), and/or the witness(es), and attempt to resolve those differences; l Review any related crime and/or arrest report or Employee’s Report, to ensure that the related

reports contain a complete account of the incident. A Follow-up Investigation, Form 03.14.00, may be used to make any necessary corrections to the related report(s) or to provide additional information;

Note: The supervisor who conducts the NCUOF investigation shall not approve any of the related report(s).

l Utilize the Use of Force System (UOFS) to complete the NCUOF Report; and, l Forward the completed NCUOF Report along with all related reports, to the watch

commander/officer in charge (OIC).

Note: Generally, a NCUOF Report should be initiated in the UOFS before the investigating supervisor’s end of watch. This requirement will be satisfied when the investigating supervisor generates a UOF case number. However, complex incidents or exigent circumstances may require additional time.

Multiple NCUOF incidents can be captured in one NCUOF Report case number (e.g., NCUOF during the arrest and a separate NCUOF during booking of the same subject). Additionally, multiple NCUOF incidents involving multiple subjects during one incident can also be reported in a single NCUOF Report, especially if the incident is documented in one arrest report narrative.

Watch Commander’s Responsibilities. A watch commander OIC reviewing a NCUOF investigation shall document his or her insight in the "Findings" section of the NCUOF Report. As part of this evaluation, watch commanders/OICs shall:

l Evaluate whether or not the force used was objectively reasonable and ensuring that all relevant tactical, use of force, and policy issues are addressed.

l Evaluate each force option used by each officer and determine if it was reasonable based on the actions of the subject of force (i.e., suspect);

l Evaluate the officer’s efforts at tactical de-escalation and provide a rationale if tactical de-



escalation was not feasible;l Ensure that all supervisors are interviewed regarding their actions at the scene during the

incident; l Evaluate the actions of each of these supervisors and the existence and effectiveness of

supervisory command and control;l Level I issues need to be identified and addressed in the “Insight” section, such as how the

inconsistencies or conflicts were resolved (e.g., independent witnesses corroborated the officer’s or subject’s account, a lack of injuries one would expect to see with the force reported by the subject, or video/audio corroborated or refuted the subject’s allegation); and,

l Review the relevant recordings of the incident “bookmarked” by the investigating supervisor and certify that this has been completed.

Note: Reviewers at each level are required to review and certify that they have reviewed all bookmarked recordings of the incident.

Authority to Approve Reports. Non-Categorical use of force investigations and any related report(s) (i.e., the crime and/or arrest report or Rmployee's Report), shall be approved by an on-duty watch commander/OIC or designee of supervisory rank.

Note: The watch commander/OIC approving the use of force investigation is not required to be the same watch commander/OIC who reviewed and approved the related report(s). Generally, the involved Department employee’s chain of command will conduct and approve the use of force investigation.

Example: Officers from Metropolitan (Metro) Division submit an arrest report to the watch commander, Area of occurrence, while the Metro supervisor assigned to investigate the related use of force submits the completed investigation to his or her Metro OIC.

245.11 NON - CATEGORICAL USE OF FORCE REPORTING LEVELS. All Non-Categorical use of force incidents shall be initially classified by the investigating supervisor as either a Level I or Level II incident.

Level I Incident. A Non-Categorical use of force shall be reported as a Level I incident under the following circumstances:

1. An allegation of unauthorized force is made regarding the force used by a Department employee(s); or,

2. The force used results in a serious injury, such as a broken bone, dislocation, an injury requiring sutures, etc., that does not rise to the level of a

Categorical use of force incident; or,

Note: If the investigating supervisor is unable to verify the seriousness of an injury or complained of injury, it shall be reported as a Level I incident. If the injury requires admission to a hospital, the incident becomes a Categorical use of force and will be investigated by Force Investigation Division.

3. The injuries to the person upon whom force was used are inconsistent with the amount or type of force reported by involved Department employee(s); or,

4. Accounts of the incident provided by witnesses and/or the subject of the use of force substantially conflict with the involved employee(s) account.



Level II Incident. All other reportable Non-Categorical uses of force that do not meet Level I criteria shall be reported as Level II incidents. This will include the use of an impact device or less-lethal munitions with hits (Refer to Manual Section 4/245.13 for Level II reporting guidelines).

Note: If the use of an impact device or less-lethal munitions causes a serious injury such as a broken bone, dislocation, or an injury requiring sutures, etc., and does not rise to the level of a Categorical use of force, it shall be reported as a Level I incident. Department employees are reminded that any person struck with a baton shall be transported to a Department approved medical facility for medical treatment prior to booking.

245.12 COMPLETING THE NARRATIVE – LEVEL I INCIDENT. In addition to completing pages 1, 2, and 3 of the Non-Categorical Use of Force Report, Form 01.67.05, supervisors investigating a Level I incident shall prepare and attach a narrative using the following headings:

1. WITNESS STATEMENT(S). Supervisors shall interview the subject of force, witnesses, and all Department employees who either witnessed and/or were involved in the incident.

A brief written summary of the statement provided by the subject of the use of force and/or any witness is only required under this heading if:

l The interview was not tape-recorded (not applicable to Department employees); or,l The person’s account of the use of force is in substantial conflict with the involved employee(s)

account.

Example: “Gregory Jones. This witness stated that he saw a female officer strike the suspect with a closed fist. The involved officers stated that they did not strike the suspect at any time.”

Tape-Recording Witness Statements. Supervisors investigating a Level I incident shall tape record statements from the subject of the use of force and all non-Department employee witnesses. Recorded interviews shall be conducted in accordance with Department guidelines established in Complaint Investigations: A Guide for Supervisors. If tape recording is not practical or an individual refuses to be tape recorded, the person shall be listed in the narrative under “Witnesses” along with an explanation as to why his/her interview was not tape-recorded and a brief written summary of his/her non-taped statement.

Example: “Janet Jones. This witness agreed to be interviewed on condition that she not be tape-recorded. Jones stated that she did not observe either of the responding officers strike the suspect.”

Tape-recording interviews with Department employees is not required. The related crime and/or arrest report or Form 15.07.00, will serve as documentation of the involved Department employee(s) statement. All tape recordings, including those from personal tape recorders, shall be booked at Technical Investigation Division (TID) and have tape numbers issued. Tape numbers shall be documented in the Non-Categorical Use of Force Report.

Consistent Statements. Statements provided by witnessing Department employees that are consistent with events as depicted in the related report shall be noted. Likewise, if statements provided by non-Department employee witnesses are consistent, this similarly shall be documented.

Example: “The statements provided by the following witnessing Department employees – Officers



Nuno, Blake and Ramirez - were consistent with the incident as depicted in the arrest report.”

If a person refuses to provide a statement, this shall be documented in this section. An attempt shall still be made to obtain the witness’s identifying information.

2. INJURIES/MEDICAL TREATMENT. Document all visible and complained of )njuries, including any medical treatment provided. All individuals receiving medical treatment shall be asked to sign an Authorization to Release Medical Information Form. If they refuse, the appropriate box shall be checked on the Non-Categorical Use of Force Report. If an individual is unable to sign the Authorization to Release Medical Information Form, supervisors shall explain why in this section (e.g., “Under the influence, psychological evaluation hold,” etc.). If an individual is a juvenile (below 18 years of age) and the individual is not an emancipated minor, an officer shall provide the Authorization to Release Medical Information Form to the juvenile’s parent or legal guardian. The juvenile’s parent or legal guardian shall be asked to sign the Authorization to Release Medical Information Form on behalf of the juvenile and check the box below the signature.

Medical Release Obtained. If a signed Authorization to Release Medical Information Form is obtained, Department personnel shall collect the necessary injury and medical information in accordance with Manual Section 4/648. This includes attempting to collect and verify treatment information relevant to the use of force based on interviews with medical personnel.

Medical Release Not Obtained. Federal law now limits access to an individual’s medical history and treatment information. Therefore, if a signed Authorization to Release Medical Information Form is not/ btained, supervisors shall not ask medical personnel for injury and treatment information pertaining to an individual upon whom force was used. Rather, supervisors shall attempt to collect medical information based on personal observations and/or statements from the subject of the use of force, the involved employee(s), and non-medical witnesses. Supervisors shall only collect the medical information necessary to complete the use of force investigation.

Supervisors shall document medical treatment information on the face sheet of the Non-Categorical Use of Force Report and check the appropriate box to indicate the source of the information (i.e., “Verified” or provided by medical personnel; “Observed” and reported by (non-medical) witnesses and/or Department employees; or “Reported” by the subject of force. Only one box shall be checked. If verified information cannot be obtained, “Observed” is the next most desirable option, followed by information reported by the subject of the use of force.

Generally, it is permissible for Department employees to obtain medical information they may overhear or observe, as a bystander, if there is a legitimate law enforcement reason for their presence at the location (e.g., if a suspect in custody requires medical treatment, an officer may reasonably accompany him/her during treatment.) In such cases, information overheard from a treating physician shall be reported as “Verified,” and an explanation as to how the information was collected shall be provided. In all cases, supervisors shall document their efforts to obtain medical information in this section.

Example: “The suspect declined to sign a Authorization to Release Medical Information Form. However, Officer Jones stated that he heard the suspect advise Fire Department personnel that he believed h̀is left arm was broken. According to Officer Jones, the suspect stated to him that he believed he may have injured his arm in an attempt to avoid handcuffing. I arrived at the hospital and observed the suspect with a cast on his left arm.” (In this case, supervisors would list “Possible Broken Arm” on



the Non-Categorical Use of Force Report face sheet and check off “Observed.”)

Regardless of whether a signed Authorization to Release Medical Information Form is obtained, supervisors shall ask the subject of the use of force if and how he/she was injured and document the response in this section. Any documentation of medical treatment obtained by Department employees shall be listed under “Addenda” and attached to the Non-Categorical Use of Force Report.

Note: Due to potential criminal and civil liability issues, Department employees shall not accept any medical documentation regarding the subject of the use of force unless a signed Authorization to Release Medical Information Form is obtained.

3. PHOTOGRAPHS AND OTHER EVIDENCE. Photographs should be taken and included in all Non-Categorical use of force (NCUOF) investigations. If a photograph is impractical (e.g., the subject of the use of force refuses to be photographed, etc.), an explanation shall be documented in the NCUOF report. Information related to photographic evidence should be documented in the Scene Canvassed for Physical Evidence section. Investigating supervisors are to ensure photographs are taken of the following:

l The subject of the use of force to document visible injury and any complained injury locations. Absent unavoidable circumstances, TID staff shall take photographs if required of exposed breasts, buttocks, or genitalia;

Note: Photographs should always be taken of the impact locations when less lethal devices are used.

l Department employees to document visible injury and any complained of injury location resulting from the NCUOF incident or any evidence such as damaged equipment or torn uniform items;

l The scene of the incident and evidence collected if it is relevant to the use of force and/or sustained injuries;

l The vantage point of a witness when it may prove useful in resolving conflicting statements between witnesses as it relates to the use of force; and,

l Additional photographs may be taken at the discretion of the investigating supervisor for evidentiary purposes. This includes cases where a criminal filing may be sought, such as battery against a police officer.

Photographs taken with a digital camera by Department employees will suffice for recording Level II and Level I investigations, although photographs taken by TID are preferred for Level I investigations. All photographs, including those taken by TID, should be attached and listed individually in the Addenda and Attachments Sections of the NCUOF Report. A brief description of each photograph shall be included in this section. Photographs taken by TID shall reflect the appropriate reference number obtained from TID. Compact disks containing photographs shall be placed in an envelope and the envelope marked with the corresponding reference number.

4. INVESTIGATING SUPERVISOR’S NOTES. Supervisors shall use this heading to address substantial conflicts and/or discrepancies between statements provided by a witness or the subject of the use of force and statements provided by involved Department employees. To assist in the evaluation of these differences, supervisors shall attempt to establish each witness’s vantage point when they observed the use of



force, as well as any other variables such as time of day, lighting, weather conditions, noise level, or traffic patterns.

Requirements for Witnessing Investigating Supervisor. Investigating supervisors who witnessed the incident shall summarize their observations in this section and list themselves as a witness under “Witnesses/Non-Involved Employee Witnesses” on the Non-Categorical Use of Force Report.

Verbal Warning Requirements. Department employees are, in certain circumstances, required to provide a verbal warning prior to the use of less-lethal force. This section shall be used to document the name of the employee giving the warning and what was said. Likewise, in cases where a warning was required but not given, supervisors shall provide an explanation here. If no warning was required, no documentation is necessary.

Any other information relevant to the investigation that does not fall under the previous headings may be documented in this section.

5. ADDENDA. Supervisors shall numerically list all addenda items (attachments) to the Non-Categorical Use of Force Report (e.g., 1. Arrest Report 2. Vehicle Impound Report 3. Authorization for Release of Medical Information, etc.) and include a brief description of each item. The number that corresponds to the listed item shall be written in red pen or pencil on the lower right corner of each attached document.

245.13 REPORTING LEVEL II INCIDENTS. The process for documenting/ reporting Level II incidents shall mirror that of a Level I incident, with the following exceptions:

l Tape-recording non-Department employee witnesses is optional;l The requirement for an “Incident Overview” is eliminated; and,l The requirement to document any witness statements in the narrative of the Non-Categorical Use

of Force Report is eliminated. The related crime and/or arrest report or Form 15.07.00 will serve as documentation of statements for the subject of the use of force, witnesses, and involved Department employees. Any discrepancies between statements shall still be addressed in “Investigating Supervisor’s Notes.”

Note: Discrepancies that constitute a substantial conflict between witness or suspect accounts and the involved employee(s) account shall be reported as a Level I incident.

245.50 DEPLOYMENT OF THE PATROL RIFLE AND SLUG AMMUNITION. Qualified Patrol Rifle or Slug Ammunition personnel may deploy their firearms in field operations, in accordance with Department Manual Sections 3/610.17, Deployment of the Patrol Rifle and 3/611.60 Deployment of Slug Ammunition, as they determine necessary, just as they would any other Department-approved firearm. However, personnel must be able to articulate the reason(s) for drawing, exhibiting and deploying the firearm(s), Patrol Rifle, or Slug Ammunition. The articulable facts justifying the action shall meet the Department’s Use of Force Policy.

Communications Division’s Responsibility. Upon receiving a “Code Robert” request, Communications Division personnel shall:

l Broadcast an all units “Code Robert-UPR” or “Code Robert-Slug” and the location of the request;

l Assign the call to a UPR or SSA equipped unit; and,



l Assign a supervisor to respond.

In most cases, the frequency should remain on stand-by until the incident is resolved or the units move to a tactical frequency.

Responsibility of Personnel Equipped with a Patrol Rifle or Slug Ammunition. Only personnel who are Patrol Rifle or Slug Ammunition trained and certified are authorized to deploy the Patrol Rifle or Slug Ammunition in the field. Personnel who are equipped with the Patrol Rifle or Slug Ammunition shall respond to those requests for a Patrol Rifle or Slug Ammunition as assigned.

Supervisor’s Responsibility. A supervisor shall:

l Respond to each “Code Robert” request and take charge of the tactical incident;l Determine if the incident is within the capability of the unit(s) at scene or if Special Weapons and

Tactics (SWAT) Team should be requested; and,l Make the necessary notifications and follow existing Department policies and procedures if and

firearm is discharged.

Watch Commander’s Responsibility. Each patrol and traffic watch commander shall ensure that:

l UPR and SSA equipment is available at all times for response to a field incident; l UPR and SSA trained personnel are deployed on each watch;l A “UPR” or “SSA” notation is made on the Daily Work Sheet, Form 15.26, and on the Area

Command Center Mobile Field Force roster indicating the units which are deployed with a UPR and/or SSA; and,

l A supervisor is dispatched to all “Code Robert” requests.

Commanding Officer’s Responsibility. Commanding officers shall maintain a current list of officers within their command who are trained and certified to deploy the Patrol Rifle and/or Slug Ammunition. This roster may be obtained from Training Division.

Training Division’s Responsibility. Training Division is responsible for maintaining rosters of the Patrol Rifle and Slug Ammunition Cadres that will indicate whether trained and certified personnel are “Active” or “Inactive.” Certified personnel are those who have successfully passed training and comply with the required qualification schedules.



Prepared by Internal Affairs Administrative Division March 25, 2003

GUIDELINES FOR ACCEPTING PUBLIC COMPLAINTS

EMPLOYEE’S RESPONSIBILITIESWhen a member of the public expresses to an employee, who is not asupervisor, the desire to make a complaint, the employee should:

AT A FIXED POST

• Notify a supervisor of the complainant’s desire to make a complaint;

• If the complainant cannot wait for a supervisor, obtain the complainant’sname and telephone number, and advise them a supervisor will contactthem.

• If handed a completed complaint form, accept it and notify a supervisorimmediately. Ask, but do not require, the complainant to stand by for thesupervisor.

• Ensure police station lobbies are stocked with the requisite complaintforms and brochures. Information on making complaints is also listed ona Complaint Form, Form 1.28, as well as on the web site:www.LAPDOnline.org. Complaints can be made online as well.

• Provide complaint forms and brochures to persons, when requested.

• Provide your name, rank and serial number when requested, by meansof a business card, or in writing if a business card is unavailable.

• If asked, provide the number to the IAG Duty Room: (800) 339-6868.Complaints can also be made via a TDD at : (213) 485-3604.

IN THE FIELD

In addition to the expectations listed above, an employee in the field wholearns of a person’s desire to make a complaint should:

• Request a supervisor to respond immediately to the location;

• Attempt to identify witnesses to the incident and ask, but do not require,them to stand by for the supervisor;

• Utilize personal tape recorders in the field for public contacts, inaccordance with Department policy for the use thereof. Advise thesupervisor of such a recording when you become aware of its relevanceto a complaint investigation, or on the demand of a supervisor.

SUPERVISOR’S RESPONSIBILITIESIn a addition to the responsibilities for rank-and-file employees, a supervisorreceiving a complaint in-person, by telephone, or in any written form, shall:

• Conduct a preliminary investigation, as outlined in ComplaintInvestigations: A Guide for Supervisors;

• Complete a Complaint Form, summarizing the complaint and thecomplainant’s statements under the Summary portion;

• Tape-record all interviews. If not practical, supervisors shall include awritten justification under the Summary portion of the Complaint Form;

• Provide the complainant with the bottom copy of the Complaint Form,and advise the complainant that another copy will be mailed out with anassigned case number. If the complaint was made by telephone, leavethe triplicate form intact and advise the complainant that a copy will bemailed out by IAG once a case number has been assigned;

• Attempt to resolve the matter to the satisfaction of the complainant;

• Determine the complainant’s willingness to participate in ACR, ifappropriate; and,

• Submit the Complaint Form and preliminary investigation to the watchcommander, or equivalent, for review.

PRELIMINARY COMPLAINT INVESTIGATION STANDARDS

A supervisor conducting a preliminary investigation of a complaint should:

• Whenever practicable and appropriate, and not inconsistent with goodinvestigative practices, interview complainants and witnesses at sitesand times convenient for them, including at their residences or places ofbusiness;

• Interview complaints, witnesses, and employees individually, not ingroups;

• Canvas the scene of the incident, and collect and preserve evidence;

• Determine whether a supervisor was present at the scene of the incidentand identify that supervisor.

340. EQUALITY OF ENFORCEMENT. As one of the world's largest cities, Los Angeles is composed of many different communities, each with its own life-style and each with its own individual crime problems. The cosmopolitan nature of the City is manifested by the diverse ethnic and sociological background of its people. However, all persons in each area of the City have in common the need for the protection which is afforded by fair and impartial law enforcement.

Additionally, as a person moves throughout the City, he or she must be able to expect a similar police response to his behavior wherever it occurs. Where the law is not evenly enforced, there follows a reduction in respect for the law and a resistance to its enforcement.

In order to respond to varying law enforcement needs in the different parts of the City, the Department must have flexibility in deployment and methods of enforcement; however, enforcement policies should be formulated on a Citywide basis, and applied uniformly in all areas.

Implicit in uniform enforcement of law is the element of evenhandedness in its application. The amount of force used or the method employed to secure compliance with the law or to make arrests is governed by the particular situation. Similar circumstances require similar treatment in all areas of the City and for all groups and individuals. To ensure equal treatment in similar circumstances, an officer must be alert to situations where, because of a language barrier or for some other reason, he or she may be called upon to display additional patience and understanding in dealing with what might otherwise appear to be a lack of response.

345. POLICY PROHIBITING BIASED POLICING. Discriminatory conduct on the basis of an individual's actual or perceived race, religion, color, ethnicity, national origin, age, gender, gender identity, gender expression, sexual orientation, disability, immigration or employment status, English language fluency or homeless circumstance, is prohibited while performing any law enforcement activity. All law enforcement contacts and activities, including, but not limited to, calls for service, investigations, police-initiated stops or detentions, and activities following stops or detentions, shall be unbiased and based on legitimate, articulable facts, consistent with the standards of reasonable suspicion or probable cause as required by federal and state law. Officers shall not initiate police action where the objective is to discover the civil immigration status of any person and shall strictly adhere to the Department's immigration enforcement guidelines as outlined in Department Manual Sections 4/264.50 and 4/264.55.

Department personnel may not use race, religion, color, ethnicity, national origin, age, gender, gender identity, gender expression, sexual orientation, or disability (to any extent or degree), immigration or employment status, English language fluency or homeless circumstance as a basis for conducting any law enforcement activity, including stops and detentions, except when engaging in the investigation of appropriate suspect-specific activity to identify a particular person or group. Department personnel seeking one or more specific persons who have been identified or described in part by their race, religion, color, ethnicity, national origin, age, gender, gender identity, gender expression, sexual orientation, disability (to any extent or degree), immigration or employment status, English language fluency or homeless circumstance: may rely, in part, on the specified identifier or description only in combination with other appropriate identifying factors; and may not grant the specified identifier or description undue weight.

A failure to comply with this policy is counterproductive to professional law enforcement and is considered to be an act of serious misconduct. Any employee who becomes aware of biased policing or any other violation of this policy shall report it in accordance with established Department procedures.

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