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Law Enforcement Involved Fatal Incident Protocol” Because THE POLICE CHIEFS’ ASSOCIATION CONTRA COSTA COUNTY, CALIFORNIA PROTOCOL FOR LAW ENFORCEMENT INVOLVED FATAL INCIDENTS 2014 Dedication The Contra Costa County Police Chiefs’ Association dedicates this manual to the memory of Contra Costa County Deputy District Attorney Robert Hole who passed away in August of 2012. For over 30 years, Bob held the unique position of “investigative prosecutor” (a term he coined, and which aptly fit). In the early 1980’s Bob recognized that one of the most important functions for the county’s law enforcement agencies was the investigation of Officer-Involved Shootings, and other law enforcement actions which resulted in death or serious injuries to either officers or civilians. Working in conjunction with the Police Chiefs Association, Bob was instrumental in establishing a county-wide policy to investigate these cases which to this day are known as “Protocols.” For the next three decades, Bob directed hundreds of such investigations at all hours of the day and night, in all parts of the county, and in all types of weather. He was a meticulous taskmaster, and he ensured that every possible investigative avenue was explored. Every year there is an average of 20 or so “Protocols,” the majority of which are Officer- Involved shootings. Bob was always the first to respond to protocol investigations, and he was always the last to leave. Bob literally “Wrote the Book” on the investigation of such cases, and he had more experience in this unique area than virtually any other person in the entire state. Bob’s mentoring of law enforcement on probes of this nature will ensure that our county will benefit for decades to come. Bob’s systems approach to such investigations proved to be extremely effective and it ensures that many of the county’s most sensitive cases are thoroughly investigated by very experienced investigators working with a deputy district attorney. The “Protocol” concept has since been copied nationwide. Bob also taught classes on Search Warrants, Search and Seizure, and on Officer-Involved Shooting investigations. Thousands of investigators, officers, and deputies attended his courses. Literally hundreds of investigators throughout California had Bob’s cell phone number, and he made it clear that he was available to offer advice at any hour of the day or night, and he did so on hundreds of occasions. Bob was cantankerous, opinionated, and never at a loss for words. With Bob you always knew where you stood, and he was never afraid to ask the tough questions, or point out the deficiencies in the investigative efforts. Bob was the ultimate mentor who was totally committed to his profession, and his personal quest for justice. His contributions to the county cannot be overstated. Paul Mulligan District Attorney’s Office Chief of Inspectors TABLE OF CONTENTS Ref # Reference Numbers (Ref #s) will help readers locate specific Protocol provisions. They are cited in the Table of Contents (below) and are also used within many of the Protocol’s provisions for cross- referencing purposes. They are not used for the content of the six Attachments. Page Ref # History of the Protocol .................................................................................................... 1 .................... 1 Members of the Contra Costa County Police Chiefs’ Association .............................. 4 .................... 2 A. Prologue ...................................................................................................................... 6 .................... 3 B. Summary of the Protocol’s major provisions ......................................................... 7 .................... 4 C. Policy ........................................................................................................................... 9 .................... 5 D. Definitions and abbreviations (and Index of selected topics) ............................... 9 .................... 6 This ♦ symbol indicates words and phrases that are listed twice in this section for easier referencing, once in alphabetical order (for Index purposes) and once in correct outline sequence. Some of these topics are found outside Section D. 1 “Actors” ................................................................................................................. 9 .................... 7 2. “Actually or conceivably a factor” ........................................................................... 9 .................... 8 ”Actually or conceivably a result” .......................................................................... 9 .................... 8 3. “ad hoc” ................................................................................................................ 10 .................... 9 4. “Administrative Investigation” .............................................................................. 10 .................. 10 5. “Administrative Investigators” .............................................................................. 10 .................. 11 ♦ Attachments, listing of ......................................................................................... ix 6. “Affiliate Protocol Members” ............................................................................... 10 .................. 12 ♦ Autopsies ............................................................................................................ 42 ................ 282 ♦ Autopsy Evidence Collection Checklist ......................................................... 81 7. “Case Managers Team” ....................................................................................... 10 .................. 13 ♦ Chart: Duty Status Criteria for Mandatory Protocol Invocation ........................... 21 ................ 115 ♦ Checklists, listing of ............................................................................................. ix 8. “Civil Litigation Investigation” ............................................................................... 10 .................. 14 9. “Civil Litigation Investigators” ............................................................................... 10 .................. 15 ♦ Coroner – Death Investigation Roles, Attachment .......................................... 97 ♦ Crime Lab ............................................................................................................ 12 .................. 37 16 .................. 65 26 ................ 158 i Page Ref # 31 ................ 203 32 ......... 208-209 32 ........ 211-217 34 ............... 221 34 ........ 226-227 42 ........ 286-288 47 ............... 327 49 ............... 345 10. “Criminal Investigation” ........................................................................................ 10 .................. 16 11. “Criminal Investigators” ........................................................................................ 10 .................. 17 ♦ CSI Checklist – Before the Crime Lab Arrives ................................................ 78 ♦ Institutional Custodial Death Checklist .......................................................... 71 ♦ Death Investigation Roles of the Coroner and Law Enforcement ............... 98 12. “Detention” ........................................................................................................... 11 .................. 18 13. “Duty status” – Cross reference to Definitions at Refs 42-46 ............................. 11 .................. 19 ♦ Chart summarizing duty status ....................................................................... 21 ............... 115 14. “Employer Agency” .............................................................................................. 11 .................. 20 15. “Fatality” ............................................................................................................. 11 ............. 21-23 ♦ Invoking the Protocol ………………………………………………………… ......... 22 ........ 123-146 16. “Law Enforcement Involved Fatal Incidents” (LEIFs) a. Summary definition ...................................................................................... 11 ............. 24-31 ♦ Detailed definition .......................................................................................... 16 ........... 68-115 17. “Law Enforcement Person/Personnel” ................................................................ 12 .................. 32 a. “Law Enforcement Officers”, “LEOs” ............................................................. 12 ............. 33-34 b. “Non Sworn Personnel” ................................................................................. 12 ............. 35-41 c. “Duty status” ................................................................................................. 13 ................. .42 1. “On-duty” ................................................................................................. 13 ............ 43-45 2. “Off-duty” ................................................................................................. 13 .................. 46 18. “LEA” .................................................................................................................... 13 .................. 47 19. “LEA Actors” ......................................................................................................... 14 .................. 48 20. “LEA Witnesses” ................................................................................................. 14 .................. 49 21. “LEIF”
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