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Flashcards in Police 300 (Use of Force) Deck (87)
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1

What is use of force?

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 (Penal Code 835a)

2

What is the Definition of Feasible?

Reasonably capable of being done or carried out under the circumstances.

3

What is Force?

The application of physical techniques or tactics, chemical agents, or weapons to another person.

4

Serious bodily injury defined.

A serious impairment of physical condition including but not limited to the following: loss of consciousness; concussion; bone facture; protracted loss or impairment of function.

5

Totality of the circumstances defined.

All facts known at the officer at the time, including the conduct of the officer and the subject leading up to the use of force (Penal Code 835a)

6

Fair and Unbiased use of force.

Officers are expected to carry out their duties, including the use of force, in a manner that is fair and unbiased.

7

Duty to intercede.

Any officer present and observing another LEO or an employee using force that is clearly beyond that which is necessary, as determined by an objectively reasonable officer, shall, when in position., intercede.

8

Duty to report Excessive Force

Report excessive force as soon as feasible (Government Code 7286(b).

9

Use of force to effect an arrest (policy)

Any peace officer my use objectively reasonable force to effect an arrest, to prevent escape or to overcome resistance. The officer need not retreat or desist from his/her efforts.

10

Factors used to determine the reasonableness of force.

Apparent immediacy and severity of threat to LEO/other.

Conduct of individual being confronted.

Officer/subject factors (age, size, strength, skill level, injuries, level of exhaustion, number of officers vs susps.

Conduct of officer leading up to the use of force.

Suspect on drugs of alcohol.

Individual's mental state.

Individual's apparent ability to understand and comply.

Proximity of weapons or dangerous improvised devices.

Degree to which the subject has been effectively restrained and his/her ability resist despite being restrained.

Availability of other reasonable and feasible optinos and their possible effectiveness (Penal Code 835a)

Serious of offense

Training and experience of officer.

Potential for injury to officers, suspects, bystanders, and others.

Individual is resisting, attempting to evade arrest, or attacking officer.

Risk and consequences of escape.

Need for immediate control of the subject and prompt resolution of the situation.

Conduct by subject is no longer a threat.

Any other circumstances.

11

Pain compliance techniques.

Only LEOs that have completed department-approved training can use pain compliance techniques.

Officers utilizing pain compliance should consider:

Degree to which the application of the technique may be controlled given the level of resistance.

Whether person can comply.

Whether person has been given sufficient opportunity to comply.

12

Use of Carotid Control Hold

Officers are not authorized to use a carotid restraint hold.

13

Use of force to seize evidence.

Officers can use reasonable force to lawfully seize evidence. Officers should not intentionally use any technique that restricts blood flow to the head or respiration would be restricted.

14

Use of deadly force (Justified)

Officer may use deadly force to protect him/herself from what he/she believes is an imminent threat of death or serious bodily injury.

Apprehend a fleeing person for felony that threatened or resulted in death or serious bodily injury and could cause injury to another.

15

Use of force (only threat to self)

Officers should not use deadly force against a person based on the danger that person poses to him/herself.

16

Who collects the data associated all officer-involved shootings and incidents?

California Department of Justice
Required by Government Code 12525.2

17

Medical Consideration

Properly trained officers should promptly provide or procure medical assistance for any person injured or claiming to have been injured in a use of force incident.
Government Code 7286(b)

18

Excited Delirium (defined).

Exhibit extreme agitation, violent irrational behavior accompanied by profuse sweating, extraordinary strength beyond their physical characteristics and imperviousness to pain.

19

Government Code 7286(b) as it pertains to supervisors & interview of individuals (defined).

Obtain basic facts from the involved officers.

Ensure that any injured parties are examined and treated.

When possible, separately obtain a recorded interview and if is without the person having voluntarily waived his/her Miranda rights, the following shall apply:
1. Content of the interview should not be summarized or included in any related criminal charges.
2. Recorded interview should be documented in property or other report.
3. Recording should be distinctly marked for retention until all potential for civil litigation has expired.

20

Government Code 7286(b) as it pertains to supervisors (defined). Use of Force Initial medical assessment made.

Take photographs (visible injuries, complaint of pain areas, overall photographs of individual)

21

Government Code 7286(b) as it pertains to supervisors (defined).

Identify any witnesses not already included in related reports.
Review and approve all related reports.
Determine if there is any indication that the subject may pursue civil litigation (if there is an indication, supervisor should complete and route a notification of a potential claim through the appropriate channels).
Evaluate circumstances surrounding the incident and request an administrative investigation if there is a question of police non-compliance.

22

Who prepares the Use of Force analysis for the Police Chief and how often?

Defensive Tactics Manager (at least annually) provide an analysis report. Should contain the following:

1. Identification of any trends in the use of force my members.
2. Training needs recommendations.
3. Equipment needs recommendations.
4. Police revision recommendations.

23

Use of force complaints.

Receipt , processing, and investigation of civilian complaints involving use of force incidents should be handled in accordance with Personnel Complaints Policy - Government Code 7286(b)

24

Public Records Request

Request for public records involving an officer's personnel records shall be processed in accordance with Penal code 832.7 and the Personnel Records and Records Maintenance and release policies (Government Code 72869b).

25

Restraint of Juveniles

A juvenile under 14 should not be restrained unless he/she is suspected of a dangerous felony or when the officer believes the juvenile may resist, attempt escape, injure him/herself, injure the officer or property damage.

26

Required Documentation
Individual restrained but not arrested (requirement).

A. The amount of time suspect was restrained.
B. How the suspect was transported and the position fo the suspect.
C. Observations of the suspect's behavior and any signs of physiological problems.
D. Any known or suspected drug use or other medical problems.

27

Kinetic Energy Projectile Deployment Considerations

A. Distance and angle to target.
B. Type of munitions employed.
C. Type and Thickness of subject's clothing.
D. Subject's proximity to others.
E. Location of subject.
F. Whether the subject's actions dictate the need for immediate response and the use of control devices appears appropriate.

28

Application of the Conducted Energy Device (CED)

1. The subject is violent or is physically resisting.
2. Subject has demonstrated by words or actions intention to be violent or to physically resist.
3. Should never be used indiscriminately nor shall it be used in anticipation against the mere threat of violence.

29

Special Considerations of Conducted Energy Device
(6 considerations before deployment)

1. Individuals who are known to be pregnant.
2. Elderly individuals or obvious juveniles.
3. Individuals with low body mass.
4. Individuals who are handcuffed or otherwise restrained.
5. Individuals who have been recently sprayed with a flammable chemical agent or near flammable material.
6. Individuals whose position or activity may result in a collateral injury (ie fall from height or operating veh.)

30

What does NMI stand for?

Neuromuscular Incapacitation.

31

Actions following deployment of Conducted Energy Devices (CED)

1. Officers shall notify a supervisor of all CED discharges.
2. Small quantity of AFID tags should be collected and the expended cartridge, along with both probes and wire, should be submitted into evidence.
3. The cartridge serial number should be noted and documented on the evidence paperwork.
4. Evidence packaging should be marked "Biohazard" if the probes penetrated teh subject's skin.

32

Conducted Energy Device Documentation
What shall officers document?

1. All CED discharges in the appropriate report and Blue Team.
2. Notification to supervisor in compliance to UOF policy.
3. Unintentional discharges, pointing the device at a person.
4. Laser activation and/or arcing the device will also be documented on the report form.

33

What information should be on officer's report who has deployed their Conducted Energy Device (CED)

1. Identification of all personnel firing CEDs.
2. Identification of all witnesses.
3. Medical care provided to the subject.
4. Observations of the subject's physical and psychological actions.
5. Any known or suspected drug use, intoxication or other medical problems.

34

Medical Treatment after Conducted Energy Device (CED)

Officer should (as soon as possible) do the following:

1. Subject examined by paramedics

2. Subject transported by paramedics to medical facility for removal of probes.

Officer shall advise when the following applies:
1. Subject is exhibiting signs of distress or was exposed to 15 seconds or more of applications.

2. Subject is under the influence.

3. Person is pregnant.

4. Person is in need of medical attention.

5. The CED probes are lodged in a sensitive area (groin, female breast, head, face, or neck).

35

Supervisors responsibilities
Deployment of Conducted Energy Devices (CED)

When possible, supervisors should respond to calls when they reasonably believe there is a likelihood the CED may be used.

Review each incident where a person has been exposed to an activation.

CED should be taken out of service.

Onboard memory downloaded.

Photographs of probe sites should be taken and witnesses interviewed.

36

Supervisor responsibilities Officer Involved Shooting scene.

1. Attempt to obtain a brief overview of the situation from any uninvolved officers.

2. Supervisor should administratively order BHPD officer to immediately provide public safety information necessary to secure the scene, identify injured parties, and pursue suspects.

Public safety info limited to: outstanding suspect information, identity of known or potential witnesses and any other pertinent information.

The initial on-scene supervisor should not attempt to order any involved officer to provide any information other than public safety information.

Provide all available info to WC and Communications Bureau.

3. Take command of and secure the incident scene until relieved by another supervisor or assigned personnel or investigator.

4. As soon as practicable, transport involved officers to a suitable location for further direction.
a. Each involved officer should be order to not discuss the incident with others pending further direction from a supervisor.

b. When an involved officer's weapon is taken or left as scene for other than officer-safety reasons, endure that he/she is provided with a comparable replacement weapon as soon as practicable.

5 Notify peer support and the POA to rpovide personnel for officer support.

37

Watch Commander responsibilities
Notifications of OIS

1. Chief of Police

2. Assistant Chief of Police

3. Operations Division Commander

4. Detective Division Commander

5. L.A. County District Attorney's Command Post

6. Executive Officer (responsible for admin investigation)

7. Psychological/Peer support

8. Chaplain

9. Coroner (if necessary)

10. Involved officer's POA or LDF attorney

11. The LA County Sheriff's Department Homicide Bureau (if the OIS occurred within the City of Beverly Hills).

38

Involved Officers
Considerations for the involved officer in UOF incident:

1. Any request for legal or union representation will be accommodated.
a. Involved BHPD officers shall not be permitted to meed collectively or in a group with an attorney or any representative prior to providing a formal interview or report.

b. Request from involved non-BHPD officers should be referred to their employing agency.

2. Discussions with licensed attorneys will be considered privileged at attorney-client communications.

3. Discussions with agency representatives/employee groups will be privileged only as to the discussion of non-criminal information.

4. Licensed psychotherapist shall be provided by the department to each involved BHPD officer.

5. Fitness for duty eval shall be completed prior to returning to duty.

39

Vehicle Pursuit (defined)

A vehicle pursuit is an event involving one or more law enforcement officers attempting to apprehend a suspect, who is attempting to avoid arrest while operating a motor vehicle by using high-speed driving or other evasive tactics, such as driving off a highway, turning suddenly, or driving in a legal manner but willfully failing to yield to an officer's signal to stop.

40

When to terminate a pursuit.
Supervisor responsibility.

Pursuits should be discontinued whenever the totality of objective circumstances known or which reasonably ought to be known to the officer or supervisor during the pursuit indicates that the present risks of continuing the pursuit reasonably appear to outweigh the risk resulting form the suspect's escape.

41

Reasons to terminate a pursuit

1. Distance between the pursuing officers and the fleeing vehicle.
2. Pursued vehicle's location is no longer known.
3. Officer's pursuit vehicle sustains damage/unsafe.
4. Extended pursuits of misdemeanors not involving violence are discouraged.
5. Hazards to uninvolved bystanders and motorist.
6. Identity of suspect is known and risk and little to no risk of later apprehension.
7. Terminated by supervisor.

42

Exemptions provided by Vehicle Code 21055 do not apply to the following_____________

Officers using vehicles without emergency equipment.

43

Supervisor Control and Responsibility
Pursuits

1. Upon becoming aware of a pursuit, assess the situation and risk factors to assure it is within department guidelines.

2. Engaging in the pursuit, when appropriate, to provide on-scene supervision.

3. Exercising management and control of pursuit even if not engaged in it.

4. Ensure that no more than the required police units needed are involved per policy.

5. Ensure proper radio channel is being used.

6. Ensuring the notification and/or coordination of outside agencies if the pursuit either leaves or is likely to leave the jurisdiction of BHPD.

7. controlling and managing BHPD units when pursuit enters another jurisdiction.

8. Preparing post-pursuit critique and analysis of the pursuit for training purposes.

44

"Boxing-in" should only be considered in cases when____________________________________

Involving a felony suspects or impaired drivers who pose a threat to public safety when officers reasonably believe that attempting a conventional enforcement stop will likely result in the driver attempting to flee in the vehicle.

45

Considerations for the use of "Ramming"

1. The suspect is an actual or suspected felon who reasonably appears to represent a serious threat to the public if not apprehended.

2. The suspect is driving with willful or wanton disregard for the safety of other persons or is driving in a reckless and left-endangering manner.

3. If there does no reasonably appear to be a present or immediately foreseeable serious threat to the public, the use of ramming is not authorized.

46

Reporting Requirements Upon conclusion of pursuits.

1. Primary officer should complete appropriate reports.

2. Watch Commander shall ensure that an Allied Agency Vehicle Pursuit Report (form 187A) is filed with the CHP in less than 30 days. This is done by shift supervisor.

3. Watch Commander shall complete a memorandum, in Blue Team, to the Operations Division Commander, briefly summarizing the pursuit. This memorandum should minimally contain the following information:

a. Date and time of pursuit
b. Length of pursuit
c. Involved units and officers
d. Initial reason for pursuit
e. Starting and termination points
f. Disposition (arrest/citation), arrestee info
g. Injuries/property damage
h. Medical treatment
i. Name of supervisor at scene
j. Preliminary determination of the pursuit being within police or not

47

Pursuit Police comes from what vehicle code section?

CA Vehicle Code 17004.7 with additional input from POST guidelines.

48

What is the Watch Commander responsible for at the end of a pursuit (first available opportunity)?

Critique involving field personnel, communications dispatcher, all video, radio transmissions, and all communications in general.

Watch Commander (at the time of the pursuit) shall ensure that a written report is prepared that describes the incident, as well as conclusions, opinions and /or recommendations.

49

Penal Code 18250 refers to the following as it pertains to firearms_________________________?

Firearms must be taken into custody if threats or bodily harm are associated with a domestic violence call.

50

Officers should take appropriate enforcement action when there is probable cause to believe that an offense has occurred at a domestic violence incident. Factors that should not be considered include_________________________________?

Martial status of suspect and victim.

Whether the suspect lives on the premises with the victim.

Claims by the suspect that the victim provoked or perpetuated the violence.

Potential financial or custody consequences of arrest.

Physical or emotional state of either party.

Use of drugs or alcohol by either party.

Denial that abuse occurred when evidence indicates otherwise.

Request by victim not to arrest the suspect.

Location of incident.

Speculation that the complainant my not follow up with prosecution.

Racial, cultural, social, professional position or sexual orientation of the victim or suspect.

51

Domestic Violence Investigations.
What type of call is it?
Procedure when you arrive?

a. Priority call
b. Obtain documents statements
c. List all children in home, away, or present
d. When practicable and legally permitted, video and audio of significant statements
e. All injuries photographed regardless of severity and preserve the victim's privacy
f. Officers should request victim complete/sign medical release form
g. Attempt to locate suspect to further investigation
h. Seize any firearms or other dangerous weapons in the home (PC 18250)
i. When completing an incident report or arrest report for violation of a court order, officers should include specific info that establishes that the offender has been served.

52

Penal Code 18250 authorizes what at the scene of a Domestic Violence call?

Seize any firearms or other dangerous weapons.

53

If a DV suspect is arrested, officer should....

a. Advise victim that there is no guarantee the suspect will remain in custody.
b. Provide victim's contact information to the WC to enable notification of the victim upon the suspect's release from jail.
c. Notification should be made on a recorded line when possible.

54

If no arrest is made for DV, officer should....

a. Advise the parties of any options, including but not limited to:
1. Voluntary separation of the parties.
2. Appropriate resource referrals.
b. Document the resolution in a report.

55

Victim Assistance

a. Recognize that a victim's behavior and actions may be affected.
b. Provide the victim with the department's DV handout regardless if crime incident.
c. Alert the victim of victim advocates, shelters, and community resources.
d. Stand by for "keep the peace" if necessary/requested.
e. Seek medical assistance as soon as practicable for the victim.
f. Ask victim if he/she has a safe place to stay. Assist in arranging to transport to shelter or alternate shelter.
g. Make reasonable efforts to ensure that children are properly cared for.
h. Seek or assist victim in obtaining an emergency order, if appropriate.

56

Foreign Court Orders

Any foreign court order properly issued by a court of another stated, Indian tribe, or territory shall be enforced by officers as if it were the order of a court in this state.
Order is considered properly issued if it appears that the issuing court has jurisdiction over the parties and reasonable notice and opportunity to respond was given.

57

Canadian domestic violence protection orders shall...

Also be enforced in the same manner as if issued in this state per Family Code 6452

58

Verification of Court Orders

a. Ask subject about his/her notice or receipt of the order, knowledge or terms and efforts to respond to the order.
b. Check available records or databases that my show the status or conditions of the order.
c. Cotact the issuing court to verify the validity of the order.
d. Contact the issuing court from the jurisdiction where the order was issued to verify information.
**Officer should document in an appropriate report their efforts to verify the validity of an order regardless of arrest or not.

59

Standards for Arrest
Officers investigating a domestic violence report should consider the following:

Pertaining to arrest...

a. An arrest should be made when there is probable cause to believe that a felony or misdemeanor DV offense has been committed (PC 13701)
Any decision not to arrest an adult when there is probable cause to do so requires supervisor approval.

Officers are only authorized to make an arrest without a warrant for a misdemeanor domestic violence offense if the officer makes the arrest as soon as probable cause arises (Penal Code 836)

60

Standards for Arrest
Officers investigating a domestic violence report should consider the following:

Pertaining to private person's arrest...

An officer responding to a DV call who can not make an arrest will advise the victim of his/her right to make a private person's arrest.

61

Officer shall not cite and release a person for the following offenses (Penal Code 835.6(a)(3)

Penal Code 243(e)(1) Battery against spouse, cohabitant.

Penal Code 273.5 (corporal injury on spouse, cohabitant, fiancee, person of a previous dating relationship, mother/father, of the offender's child

Penal Code 273.6 (Violation of a protective order) if violence or threats of violence have occurred or the suspect has gone to the workplace or residence of the protected party.

Penal Code 646.9 - Stalking

Other serious or violent felonies specific in Penal Code 1270.1

62

Standards for DV Arrest
In identifying the dominant aggressor, an officer shall consider....

1. The intent of the law to protect the victims of DV from continuing abuse.
2. The threats creating fear of physical injury.
3. The history of DV between the persons involved.
4. Whether either person acted in self-defense.

63

Standards of Conduct

Supervisor Responsibilities - Supervisors and Managers are required to follow all policies and procedures and may be subject to discipline for:

a. Failure to be reasonably aware of the performance of their subordinates or to provide appropriate guidance and control.
b. Failure to promptly and fully report any known misconduct of a member to his/her immediate supervisor or to document such misconduct appropriately or as required by police
c. Directing a subordinate to violate a policy or directive, acquiesce to such a violation, or are indifferent to any such violation by a subordinate.

64

Crisis Intention Incident

Supervisor Responsibilities

Respond to the scene, unless other exigent circumstances exist.

a. Attempt to secure appropriate and sufficient resources
b. Monitor any use of force, including the use of restraints, ensure timely access to medical care if necessary.
c. Consider strategic disengagement.
d. Ensure all reports are completed and that incident documentation uses appropriate terminology and language.
e. Conduct after action tactical and operation debriefing, and prepare an after action evaluation of the incident to be forwarded to the Division Commander.

65

Foreign Diplomatic and Consular Representatives

Claims of Immunity

If contacting a person who claim diplomatic immunity, where enforcement is necessary, a member without delay do the following...

a. Notify a supervisor

b. Advise the person that his/her claim will be investigated and he/she may be released in accordance with the law upon confirmation of the person's status

c. Request the persons ID, either issued by the U.S. Department of State (DOS) Office of the Chief of Protocol, or in the case of persons accredited ot the United Nations, by the U.S. Mission to the United Nations. These are the only two reliable documents for purposes of determining privileges and immunities.

d. Contact L.A.S.D. International Liaison Unit or the DOS Diplomatic Security Command Center @ 571-345-3146 or toll free @ 866-217-2089 or at another current telephone number and inform the center of the circumstances.

e. Verify the immunity status with DOS and follow any instructions regarding further detention, arrest, prosecution, and/or release, as indicated by the DOS representative. This may require immediate release, even if a crime has been committed.

66

Foreign Diplomatic and Consular Representatives

Claims of Immunity

Identity or immunity status should not be presumed from the type of license plates displayed on a vehicle. If there is a question as to the status or possession of a Diplomat or Consul license plate, a query should be run via what?

NLETS, designating "US" as the state.

67

Portable Audio/Video Recorders

True or False...All audio/video recordings made using department issued equipment or personally purchased equipment, is the property of the department. Members shall have no expectation of privacy or ownership interest in the content of those recordings.

True

68

Portable Audio/Video Recorders

Member Responsibilities

Prior to going into service members will do the following with regards to BWC:

1. Inspect/Test BWC

2. Record name, ID number, current date/time.

3. Members should document the existence of a recording in any report of other official record of the contact. Document malfunction or deactivation of recording (reason).

69

Portable Audio/Video Recorders

Supervisor Responsibilities

Take custody of a portable audio/video recording device as soon as practicable when the device may have captured an incident involving use of force, OIS, death, other serious incident and insure the data is downloaded.

70

Portable Audio/Video Recorders

Activation of the portable recorder (When to activate)

Recorder should be activated in any of the following situations:

1. Enforcement & Investigative contacts

2. Traffic stops, stranded motorist, crime interdiction stops.

3. Self-initiated activity

4. Any other contact that becomes adversarial after the initial contact in a situation that would otherwise require recording.

71

Portable Audio/Video Recorders

Demonstrations

(a) As a general policy, Department personnel should refrain from video recording
peaceful demonstrations.
(b) When there is a reason to believe a planned event has the potential for unlawful
activity, Commanding Officers should make the determination whether video recording
is appropriate.
(c) During demonstrations, officers should operate cameras in buffering/stand-by mode.
If officers witness crimes occurring among the demonstrators, and/or believe an arrest
is likely, they should begin recording.

72

Portable Audio/Video Recorders

When a member believes it is necessary and feasible to interrupt a recording
before the end of the contact or activity, what should he/she do?

He/she should verbally indicate the intent to stop the
recording, and upon reactivation, state that he/she has restarted the recording. This interruption
and the underlying reasoning should be documented in the police report and/or on the portable
recorder.

73

Portable Audio/Video Recorders

A member should transfer, tag or mark recordings when the member reasonably believes:

(a) The recording contains evidence relevant to potential criminal, civil or administrative
matters.
(b) A complainant, victim or witness has requested non-disclosure.
(c) A complainant, victim or witness has not requested non-disclosure but the disclosure
of the recording may endanger the person.
(d) Disclosure may be an unreasonable violation of someone’s privacy.
(e) Medical or mental health information is contained.
(f) Disclosure may compromise an undercover officer or confidential informant.

74

Portable Audio/Video Recorders

RETENTION OF RECORDINGS

Recordings of the following should be retained for a minimum of two years (Penal Code § 832.18):

(a) Incidents involving use of force by an officer
(b) Officer-involved shootings
(c) Incidents that lead to the detention or arrest of an individual
(d) Recordings relevant to a formal or informal complaint against an officer or the Beverly
Hills Police Department
Recordings containing evidence that may be relevant to a criminal prosecution should be retained
for any additional period required by law for other evidence relevant to a criminal prosecution
(Penal Code § 832.18).
All other recordings should be retained for a period consistent with the requirements of the
organization’s records retention schedule but in no event for a period less than 180 days.

75

Portable Audio/Video Recorders

Supervisors are authorized to review relevant recordings any time they are investigating alleged
misconduct or reports of meritorious conduct or whenever such recordings would be beneficial in
reviewing the member’s performance.
Recorded files may also be reviewed:

(a) Upon approval by a supervisor, by any member of the Department who is participating
in an official investigation, such as a personnel complaint, administrative investigation
or criminal investigation.
(b) Pursuant to lawful process or by court personnel who are otherwise authorized to
review evidence in a related case.
(c) By media personnel with permission of the Chief of Police or the authorized designee.
(d) In compliance with a public records request, if permitted, and in accordance with the
Records Maintenance and Release Policy.

76

First Amendment Assemblies

Participant behavior during a demonstration or other public assembly can vary. This may include,
but is not limited to:
• Lawful, constitutionally protected actions and speech.
• Civil disobedience (typically involving minor criminal acts).
• Rioting.

All of these behaviors may be present during the same event.

Officers should not:
(a) Engage in assembly or demonstration-related discussion with participants.

(b) Harass, confront or intimidate participants.

(c) Seize the cameras, cell phones or materials of participants or observers unless an officer is placing a person under lawful arrest.

(d) Take independent action without supervisor approval, unless death and/or serious injury is imminent.

Supervisors should continually observe department members under their commands to ensure that members’ interaction with participants and their response to crowd dynamics is appropriate.

77

UNPLANNED EVENTS

When responding to an unplanned or spontaneous public gathering, the first responding officer
should conduct an assessment of conditions, including, but not limited to, the following:

• Location
• Number of participants
• Apparent purpose of the event
• Anticipated duration
• Leadership (whether it is apparent and/or whether it is effective)
• Any initial indicators of unlawful or disruptive activity
• Indicators that lawful use of public facilities, streets or walkways will be impacted
• Ability and/or need to continue monitoring the incident

78

POST EVENT

The Incident Commander should designate a member to assemble full documentation of the event,
to include the following:

(a) Operational plan
(b) Any incident logs
(c) Any assignment logs
(d) Vehicle, fuel, equipment and supply records
(e) Incident, arrest, use of force, injury and property damage reports
(f) Photographs, audio/video recordings, Communications Bureau records/tapes
(g) Media accounts (print and broadcast media)

79

AFTER-ACTION REPORTING

The Incident Commander should work with City legal counsel, as appropriate, to prepare a
comprehensive after-action report of the event, explaining all incidents where force was used
including the following:

(a) Date, time and description of the event
(b) Actions taken and outcomes (e.g., injuries, property damage, arrests)
(c) What went well
(d) Problems identified
(e) Significant events
(f) Recommendations for improvement; opportunities for training should be documented
in a generic manner, without identifying individuals or specific incidents, facts or
circumstances.

80

Personnel Complaints

COMPLAINT CLASSIFICATIONS

Citizen Inquiry - Inquiries about conduct or performance that, if true, would not violate department policy or federal, state or local law, policy or rule shall not be considered a personnel complaint. Such inquiries generally include clarification regarding policy, procedures or the response to specific incidents by the Department.

Informal - A matter in which the complaining party is satisfied that appropriate action has been taken by a supervisor of rank greater than the accused member.

Formal - A matter in which a supervisor determines that further action is warranted. Such complaints may be investigated by a supervisor of rank greater than the accused member or referred to the Professional Standards Unit, depending on the seriousness and complexity of the
investigation.

Incomplete - A matter in which the complaining party either refuses to cooperate or becomes
unavailable after diligent follow-up investigation. At the discretion of the assigned supervisor or
the Professional Standards Unit, such matters may be further investigated depending on the
seriousness of the complaint and the availability of sufficient information.

81

Personnel Complaints

SOURCES OF COMPLAINTS

The following applies to the source of complaints:

(a) Individuals from the public may make complaints in any form, including in writing, by email, in person or by telephone.

(b) Any department member becoming aware of alleged misconduct shall immediately notify a supervisor.

(c) Supervisors shall initiate a complaint based upon observed misconduct or receipt from any source alleging misconduct that, if true, could result in disciplinary action.

(d) Anonymous and third-party complaints should be accepted and investigated to the extent that sufficient information is provided.
(e) Claims for damages and lawsuits may generate a personnel complaint.

82

ADMINISTRATIVE INVESTIGATIONS

Allegations of misconduct will be administratively investigated as follows.

In general, the primary responsibility for the investigation of a personnel complaint shall rest with the member's immediate supervisor, unless the supervisor is the complainant, or the supervisor
is the ultimate decision-maker regarding disciplinary action or has any personal involvement
regarding the alleged misconduct. The Chief of Police or the authorized designee may direct that
another supervisor investigate any complaint.
A supervisor who becomes aware of alleged misconduct shall take reasonable steps to prevent
aggravation of the situation.

The responsibilities of supervisors include, but are not limited to:
(a) Ensuring that upon receiving or initiating any formal complaint, a complaint form is completed.

• The original complaint form will be directed to the Executive Officer, via the chain of command, who will determine who will have responsibility for the investigation.

• In circumstances where the integrity of the investigation could be jeopardized by reducing the complaint to writing or where the confidentiality of a complainant is at issue, a supervisor shall orally report the matter to the member's Division Commander or the Chief of Police, who will initiate appropriate action.

(b) Responding to all complainants in a courteous and professional manner.

(c) Resolving those personnel complaints that can be resolved immediately.
• Follow-up contact with the complainant should be made as soon as practical, but no longer than 7 days after the Department received the complaint.

• If the matter is resolved and no further action is required, the supervisor will note the resolution on an Informal Complaint or a Citizen Inquiry entry and forward to the Watch Commander.

(d) Ensuring that upon receipt of a complaint involving allegations of a potentially serious nature, the Watch Commander, Executive Officer, and the Chief of Police are notified via the chain of command as soon as practicable.

(e) Promptly contacting a higher-ranking member and/or the Watch Commander for direction regarding their roles in addressing a complaint that relates to sexual, racial, ethnic or other forms of prohibited harassment or discrimination.

(f) Forwarding unresolved personnel complaints to the Executive Officer, who will determine whether to contact the complainant or assign the complaint for investigation.

(g) Informing the complainant of the investigator’s name and the complaint number as soon as practicable.

(h) Investigating a complaint as follows:
1. Making reasonable efforts to obtain names, addresses and telephone numbers of witnesses.

2. When appropriate, ensuring immediate medical attention is provided and
photographs of alleged injuries and accessible uninjured areas are taken.
(i) Ensuring that the procedural rights of the accused member are followed (Government Code § 3303 et seq.).

(j) Ensuring interviews of the complainant are generally conducted during reasonable hours.

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ADMINISTRATIVE INVESTIGATION PROCEDURES

Whether conducted by a supervisor or a member of the Professional Standards Unit, the following
applies to members covered by the Public Safety Officers Procedural Bill of Rights Act (POBR)
(Government Code § 3303):

(a) Interviews of an accused member shall be conducted during reasonable hours and preferably when the member is on-duty. If the member is off-duty, he/she shall be compensated.

(b) Unless waived by the member, interviews of an accused member shall be at the Beverly Hills Police Department or other reasonable and appropriate place.

(c) No more than two interviewers should ask questions of an accused member.

(d) Prior to any interview, a member shall be informed of the nature of the investigation, the name, rank and command of the officer in charge of the investigation, the interviewing officers and all other persons to be present during the interview.

(e) All interviews shall be for a reasonable period and the member's personal needs should be accommodated.
(f) No member should be subjected to offensive or threatening language, nor shall any promises, rewards or other inducements be used to obtain answers.

(g) Any member refusing to answer questions directly related to the investigation may be ordered to answer questions administratively and may be subject to discipline for failing to do so.

1. A member should be given an order to answer questions in an administrative investigation that might incriminate the member in a criminal matter only after the member has been given a Lybarger advisement.

Administrative investigators
should consider the impact that compelling a statement from the member
may have on any related criminal investigation and should take reasonable
steps to avoid creating any foreseeable conflicts between the two related investigations. This may include conferring with the person in charge of the
criminal investigation (e.g., discussion of processes, timing, implications).

2. No information or evidence administratively coerced from a member may be provided to anyone involved in conducting the criminal investigation or to any prosecutor.

(h) The interviewer should record all interviews of members and witnesses. The member may also record the interview. If the member has been previously interviewed, a copy of that recorded interview shall be provided to the member prior to any subsequent interview.

(i) All members subjected to interviews that could result in discipline have the right to have an uninvolved representative present during the interview. However, in order to maintain the integrity of each individual’s statement, involved members shall not consult or meet with a representative or attorney collectively or in groups prior to being interviewed.

(j) All members shall provide complete and truthful responses to questions posed during interviews.

(k) No member may be requested or compelled to submit to a polygraph examination, nor shall any refusal to submit to such examination be mentioned in any investigation (Government Code § 3307).

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No investigation shall be undertaken against any officer solely because the officer has been placed
on a prosecutor’s Brady list or the name of the officer may otherwise be subject to disclosure
pursuant to Brady v. Maryland. However, an investigation may be based on the underlying acts
or omissions for which the officer has been placed on a Brady list or may otherwise be subject to
disclosure pursuant to Brady v. Maryland (Government Code § 3305.5).

No investigation shall be undertaken against any officer solely because the officer has been placed
on a prosecutor’s Brady list or the name of the officer may otherwise be subject to disclosure
pursuant to Brady v. Maryland. However, an investigation may be based on the underlying acts
or omissions for which the officer has been placed on a Brady list or may otherwise be subject to
disclosure pursuant to Brady v. Maryland (Government Code § 3305.5).

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ADMINISTRATIVE INVESTIGATION FORMAT

Formal investigations of personnel complaints shall be thorough, complete and essentially follow
this format:

Introduction - Include the identity of the complainant, employee(s), and witness(es) , the identity of the assigned investigators, the initial date and source of the complaint, the date, time and location of the related incident, the date the investigation was assigned and completed.

Summary - Provide a brief summary of the facts giving rise to the investigation.

Allegation(s) - List the allegations separately, including applicable policy sections.

Investigation - Each allegation should be set forth with the details of the evidence applicable to each allegation provided, including comprehensive summaries of member and witness statements. Other evidence related to each allegation should also be detailed in this section. A separate recommended finding should be provided for each allegation.

Conclusion - A recommendation regarding further action or disposition should be provided.

Exhibits - A separate list of exhibits (e.g., recordings, photos, documents) should be attached to the report.

Informal investigations of personnel complaints and Citizen Inquiries should follow this format:

Complaint - Brief summary of the complaint.

Summary - Include pertinent facts, statements and a description of any related audio or video recordings.

Conclusion - Include the resolution and/or actions taken.

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Personnel Complaints

DISPOSITIONS

Unfounded - When the investigation discloses that the alleged acts did not occur or did not involve department members. Complaints that are determined to be frivolous will fall within the classification of unfounded (Penal Code § 832.8).

Exonerated - When the investigation discloses that the alleged act occurred but that the act was justified, lawful and/or proper.

Not sustained - When the investigation discloses that there is insufficient evidence to sustain the complaint or fully exonerate the member.

Sustained - A final determination by an investigating agency, commission, board, hearing officer, or arbitrator, as applicable, following an investigation and opportunity for an administrative appeal pursuant to Government Code § 3304 and Government Code § 3304.5 that the actions of an officer were found to violate law or department policy (Penal Code § 832.8). If an investigation discloses misconduct or improper job performance that was not alleged in the original complaint, the investigator shall take appropriate action with regard to any additional
allegations.

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Personnel Complaints

COMPLETION OF INVESTIGATIONS

Every investigator or supervisor assigned to investigate a personnel complaint or other alleged misconduct shall proceed with due diligence in an effort to complete the investigation within one year from the date of discovery by an individual authorized to initiate an investigation (Government Code § 3304).

In the event that an investigation cannot be completed within one year of discovery, the assigned investigator or supervisor shall ensure that an extension or delay is warranted within the exceptions set forth in Government Code § 3304(d) or Government Code § 3508.1.