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Flashcards in Officer Involved Incident Deck (27):
1

_________ _________: The agency, or agencies, with geographic jurisdiction over the incident.

Primary agency

2

_______ ________: The agency which employs the Involved officer.

Employing agency

3

_______-________

1. The Officer whose act may be a "proximate cause" of the injury to another person; or

2. The Officer who may intend that his/her act be a "proximate cause" of the injury to another person.

Officer-involved

4

________ ________ : A cause which, in a natural and continuous sequence, produces the injury, and without which the injury would not have occurred.

Proximate cause

5

"Incident Investigative Team" Incident Investigators assigned by the ________ Agency(cies) and the __________ Attorney's Office to conduct the Incident Investigation. Persons from an outside agency may also be part of the Incident Investigative Team upon mutual agreement of the Primary Agency and the District Attorney's Office and upon concurrence from the Case Management Team.

Primary

District

6

"Case Management Team" The team responsible for managing the Officer Involved Incident and for the _________ of the investigators assigned to the Incident Investigative Team.

Supervision

7

Until agreement regarding investigative responsibility is reached among the various Involved Agencies in a specific case, immediate investigative responsibility is determined in this order:

1. Incident Investigative Team.
2. The agency whose ____-____ employee, acting apparently for a law enforcement purpose, was an Involved Officer.
3. The agency within whose __________ the decedent's body was first discovered after infliction of the injury.

On-duty

Jurisdiction

8

If an on-duty peace officer is involved in an Incident within the ___________ jurisdiction of another agency, but was acting in the performance of his/her duties in connection with a criminal matter originating in his/her own jurisdiction, the ________ _______may defer its investigative authority to the officer's own agency, which will then investigate the Incident as part of the Incident Investigative Team.

Geographical

Primary agency

9

During an Incident Investigation the District Attorney Office will:

1. Participate in the management of the incident along with assigned ________ from the Primary Agency.
2. _________ and advise the Incident Investigative Team on the various legal issues that may arise, including search and seizure, Miranda, identification procedures, arrests, elements of crimes, immunity, and voluntariness.
3. Assist in the writing of search warrants and arrest warrants.
4. Monitor the Incident investigation.
5. Ultimately determine if _______ liability exists.

Command

Assist

Criminal

10

Generally, the officials assigned to the Case Management Team should hold the approximate rank of __________, or if holding lesser rank, should be given ___________-level authority by their agencies for their participation on this Team.

Lieutenant

Lieutenant

11

If adequate safeguards are not delineated in advance, the public's "____ __ _____" may well conflict with the progress of the investigation and the "right to a fair trial".

right to know

12

Investigators may ask an Involved Officer to view the incident scene during a "_____________." The investigator will determine the timing of the "walk-through," however, it should not occur _____ to the initial statement of an Involved Officer. Only ___ Involved Officer at a time will be permitted to do a "walk-through."

walk-through

prior

one

13

Any release of information to the news media should be reviewed by the ______ ______ _____ prior to such release.

Case Management Team

14

The employer-employee relationship, however, the names of the Involved Officer(s) will not be released until __ ____ after the incident to allow time for appropriate notifications to be made.

24 hours

15

Final Action:
The Officer-Involved Incident Investigation should be completed and all reports submitted to the Officer of the District Attorney with __ days of the Incident, absent unusual circumstances.

90

16

In the event the Involved Officer is a District Attorney Investigator, District Attorney Investigators will ____ _________ on the Incident Investigative Team. Rather, investigators from another Santa Clara County police department or Sheriffs Office, and not part of the Primary Agency, will assume the role of the District Attorney Investigator(s) on the Incident Investigative Team.

not participate

17

A Command staff member from the ______ Agency and the District Attorney's Office Bureau of Investigation, along with the assigned Deputy District Attorney, shall comprise the membership of the "Case Management Team (CMT)".

Primary

18

Officials assigned to the Case Management Team work together as a team and the members are ______.

co-equal

19

Emergency life saving measures have the first ______. If a person is transported to a medical facility with injuries, an officer should accompany that person in the _____ ______.

priority

same vehicle

20

This protocol is ___ ________to address issues concerning the administrative or civil investigation of the incident.

not intended

21

3. The agency ________ the Involved Officer, whether it is the Primary Agency or not, has an interest in the outcome of the Incident Investigation and may utilize the results of that investigation for its own non-criminal purposes

employing

22

It is not the purpose of the District Attorney’s investigation or report to determine if any officer or deputy violated police policy or procedure, or committed any act that would be subject to civil sanctions. The District Attorney’s Office will make every effort to issue and closing report containing its findings and conclusions within __ ____ of the receipt of the completed investigative package.

90 days

23

It is not the purpose of the District Attorney’s investigation or report to determine if any officer or deputy violated police policy or procedure, or committed any act that would be subject to civil sanctions. The District Attorney’s Office will make every effort to issue and closing report containing its findings and conclusions within 90 days of the receipt of the completed investigative package

Info

24

The Incident Investigative Team should provide the Medical Examiner a full and complete briefing prior to the post-mortem examination. An Incident Investigator and a member of the evidence collection team

info

25

A representative of the Incident Investigative Team is in the best position to comment about the facts of the case and the progress of the investigation

info

26

Any release of information to the news media should be reviewed by the Case Management Team prior to such release

info

27

The District Attorney’s policy regarding crime charging is as follows:

1. The prosecutor, based on a complete investigation and a thorough consideration of all pertinent facts readily available, is satisfied that the evidence proves that the accused is guilty of the crime to be charged;
2. There is legally sufficient, admissible evidence of a corpus delicti;
3. There is legally sufficient, admissible evidence of the accused’ identity as the perpetrator of the crime charged; and
4. The prosecutor has considered the probability of conviction by an objective fact finder and has determined that the admissible evidence is of such convincing force that it would warrant conviction of the crime charge by a reasonable and objective fact finder after hearing all the evidence available to the prosecutor at the time of the charging and after the considering the most plausible and reasonably foreseeable defenses.

info