Firearm Pointing Incidents

Question 1

When is a department member allowed to point a firearm at a person?

Answer 1

Police Department members may only point a firearm at a person when it is objectively reasonable to do so under the totality of the circumstances faced by the member on scene.

Question 2

While reasonable is not capable of precise definition, Department members may consider factors that include but are not limited to:

Answer 2

The nature of the incident, and the risk of harm, level of threat, or resistance presented by the person (possession or access to weapons).

Question 3

Whenever a Department member points a firearm at a person while in the performance of his/her duties, the member

Answer 3

is required to make the appropriate notifications consistent with the procedures and exceptions outlined in this directive.

Question 4

Exceptions of Notification when pointing a firearm.

Answer 4

1. SWAT during designated SWAT incident.
2. Federal Task Force during execution of the federal task force duties.
3. During any Department authorized training.
4. Involved in a firearms discharge incident who discharge a firearm and notified OEMC consistent with the directives titled Firearms Discharge Incidents Involving Sworn Members.

Question 5

Department members _____ _____ required to make a notification for any upholstering or display of a firearm or having the firearm in low-ready or any other position during the course of an incident unless the firearm is pointed at a person

Answer 5

are not

Question 6

Absent the exceptions, whenever a department member points a firearm at a person while in the performance of his/her duties the member will:

Answer 6

1. Notify OEMC Office of Emergency Management and Communications promptly AFTER the incident has concluded.

Question 7

The OEMC Office of Emergence Management and Communications Notification will include the following:

Answer 7

Radio Identification/ Beat Number of the department member who pointed a firearm at a person.

Question 8

Who will notify the Beat’s immediate supervisor of the event and record the notification on the event?

Answer 8

OEMC Office of Emergence Management and Communications

Question 9

Notified Department Supervisor will: (ACTION STEPS FOR ASSESSMENT)

Answer 9

1. Acknowledge the notification of the pointing incident.
2. Ensure that the incident documentation completed by the notifying beat and the OEMC redecoration of the pointing of a firearm are promptly reviewed in accordance with existing department directives.
3. Effectively supervise the member under his/her command, including identifying and adequately addressing any performance that is exceptional or that may be improved through corrective actions, including training or other nondisciplinary methods.
4. ensure any body-worn camera or in car video data for the incident is appropriately RETAINED.
5. Record the event and if appropriate, any actions taken on his/her Supervisor’s Management Log or other appropriate supervisory report.

Question 10

Force Review Unit (FRU) will be responsible for reviewing documentation and information collected from all investigatory stop or arrests occurrences in which a department member pointed a firearm. The review unit will do the following:

Answer 10

1. Identify any tactical, equipment or training concerns
2. Identify whether the pointing of the firearm at a person allegedly violated Department Policy.
3. Be completed within 30 days of the incident.

Question 11

If the investigatory stop or arrest occurrence is the subject of an open Log Number Investigation, the FRU will

Answer 11

not review the incident for alleged department policy violations.

Question 12

Supervisors and Unit Commanding Officers receiving feedback or recommendations from the FRU will ensure that:

Answer 12

1. Notifying beats receive the appropriate feedback.
2. Recommendations are appropriately implemented consistent with existing procedures and the appropriate collective bargaining agreement.
3. FRU is notified of the status of the recommendations, including when it was implemented.

Question 13

Courts have determined that when an officer points a firearm at a person to detain that person an________ or __________ has occurred

Answer 13

Investigatory stop

Arrest