Podcast
Questions and Answers
Who takes control of the scene after a deputy discharges a firearm?
Who takes control of the scene after a deputy discharges a firearm?
- The responding supervisor (correct)
- The involved deputy
- The FDLE Critical Incident Team
- The State Attorney’s Office personnel
What happens to the firearm of the deputy who discharged it?
What happens to the firearm of the deputy who discharged it?
- It is turned over to the State Attorney’s Office
- It is unloaded and secured (correct)
- It is confiscated by FDLE
- It is lost as evidence
Who accompanies the involved deputy at all times?
Who accompanies the involved deputy at all times?
- A State Attorney’s Office personnel
- A sworn deputy (correct)
- A member of the FDLE Critical Incident Team
- A crime scene technician
What happens to civilian witnesses and other Sheriff's Office personnel involved in the incident?
What happens to civilian witnesses and other Sheriff's Office personnel involved in the incident?
Who oversees the criminal investigation of incidents involving the use of deadly force?
Who oversees the criminal investigation of incidents involving the use of deadly force?
Who is permitted inside the crime scene perimeter?
Who is permitted inside the crime scene perimeter?
Who interviews involved personnel or civilian witnesses?
Who interviews involved personnel or civilian witnesses?
What happens to body worn cameras that recorded the event?
What happens to body worn cameras that recorded the event?
What is the role of the Chief Legal Counsel in the Shooting Review Board?
What is the role of the Chief Legal Counsel in the Shooting Review Board?
Who can be called to present evidence and facts to the Shooting Review Board?
Who can be called to present evidence and facts to the Shooting Review Board?
What happens to a deputy involved in a shooting incident?
What happens to a deputy involved in a shooting incident?
Why is a deputy relieved of duty after a shooting incident?
Why is a deputy relieved of duty after a shooting incident?
How long are deputies relieved from duty after a shooting incident?
How long are deputies relieved from duty after a shooting incident?
Who can a deputy summon to assist with personal or emotional needs?
Who can a deputy summon to assist with personal or emotional needs?
What happens to a deputy involved in a shooting incident after 72 hours?
What happens to a deputy involved in a shooting incident after 72 hours?
When can a deputy involved in a fatal shooting incident resume normal duties?
When can a deputy involved in a fatal shooting incident resume normal duties?
What happens to a deputy involved in a non-fatal shooting incident?
What happens to a deputy involved in a non-fatal shooting incident?
What is the purpose of the presentation to the Indian, Hispanic, and Black Advisory Boards?
What is the purpose of the presentation to the Indian, Hispanic, and Black Advisory Boards?
Who is responsible for ensuring public safety during an incident?
Who is responsible for ensuring public safety during an incident?
Who is immediately appointed to represent the involved deputy(s) during an investigation?
Who is immediately appointed to represent the involved deputy(s) during an investigation?
Who can participate in the walk-through during an investigation?
Who can participate in the walk-through during an investigation?
What is the purpose of the walk-through during an investigation?
What is the purpose of the walk-through during an investigation?
What is the requirement for an involved deputy who is interviewed for the criminal investigation?
What is the requirement for an involved deputy who is interviewed for the criminal investigation?
What happens if an involved deputy invokes their Fifth Amendment right to remain silent?
What happens if an involved deputy invokes their Fifth Amendment right to remain silent?
What is required for an administrative interview during an administrative investigation?
What is required for an administrative interview during an administrative investigation?
Who takes an audio recorded interview during an administrative investigation?
Who takes an audio recorded interview during an administrative investigation?
What is the exemption for deputies who actually utilize deadly force or discharge a firearm at a person?
What is the exemption for deputies who actually utilize deadly force or discharge a firearm at a person?
Under what circumstances can a deputy discharge an agency issued firearm at an animal?
Under what circumstances can a deputy discharge an agency issued firearm at an animal?
What is the primary consideration when a sworn member is permitted to use an issued firearm to euthanize an animal?
What is the primary consideration when a sworn member is permitted to use an issued firearm to euthanize an animal?
What should be done if the owner of the injured animal is located?
What should be done if the owner of the injured animal is located?
What is required if the owner is unable to transport the animal to a local veterinary hospital?
What is required if the owner is unable to transport the animal to a local veterinary hospital?
What is the procedure if a deputy discharges a firearm at an animal?
What is the procedure if a deputy discharges a firearm at an animal?
What is included in the General Information Report?
What is included in the General Information Report?
Who shall respond to the scene for purposes of photographing and diagramming the scene?
Who shall respond to the scene for purposes of photographing and diagramming the scene?
What is the purpose of the Shooting Review Board?
What is the purpose of the Shooting Review Board?
Who shall forward the facts of uses of deadly force and discharge of firearms to the Shooting Review Board?
Who shall forward the facts of uses of deadly force and discharge of firearms to the Shooting Review Board?
What is the composition of the Shooting Review Board for use of deadly force incidents?
What is the composition of the Shooting Review Board for use of deadly force incidents?
What happens to the deceased animal carcass if there is no one at the scene willing to take custody?
What happens to the deceased animal carcass if there is no one at the scene willing to take custody?
Deputies are permitted to use issued firearms to euthanize gravely injured, suffering, or dangerous animals in all situations.
Deputies are permitted to use issued firearms to euthanize gravely injured, suffering, or dangerous animals in all situations.
The Shift Commander evaluates the shooting and determines if any legal or procedural violation may have occurred.
The Shift Commander evaluates the shooting and determines if any legal or procedural violation may have occurred.
The Shooting Investigation Team responds to all incidents involving a discharge of a firearm.
The Shooting Investigation Team responds to all incidents involving a discharge of a firearm.
Deputies may elect to release the deceased animal carcass to any individual wishing to properly dispose of the animal.
Deputies may elect to release the deceased animal carcass to any individual wishing to properly dispose of the animal.
The Shooting Review Board consists of all Department Colonels for all types of incidents.
The Shooting Review Board consists of all Department Colonels for all types of incidents.
Deputies are required to wait for the arrival of FWC or Animal Control to retrieve and dispose of the animal’s carcass.
Deputies are required to wait for the arrival of FWC or Animal Control to retrieve and dispose of the animal’s carcass.
The General Information Report is generated by the responding deputy.
The General Information Report is generated by the responding deputy.
The on-call Homicide Supervisor is contacted and apprised of the incident only if a legal or procedural violation may have occurred.
The on-call Homicide Supervisor is contacted and apprised of the incident only if a legal or procedural violation may have occurred.
The Crime Scene Unit responds to the scene for purposes of photographing and diagramming the scene only if the Shift Commander determines that a legal or procedural violation may have occurred.
The Crime Scene Unit responds to the scene for purposes of photographing and diagramming the scene only if the Shift Commander determines that a legal or procedural violation may have occurred.
The Sheriff, or designee, shall forward the facts of uses of deadly force and discharge of firearms to the Shooting Review Board immediately after the incident.
The Sheriff, or designee, shall forward the facts of uses of deadly force and discharge of firearms to the Shooting Review Board immediately after the incident.
The responding supervisor shall ensure that the deputy who discharged the firearm is separated from other deputies and their firearm is unloaded.
The responding supervisor shall ensure that the deputy who discharged the firearm is separated from other deputies and their firearm is unloaded.
Only members of the FDLE Critical Incident Team and other law enforcement investigators assisting FDLE are permitted inside the crime scene perimeter.
Only members of the FDLE Critical Incident Team and other law enforcement investigators assisting FDLE are permitted inside the crime scene perimeter.
Any law enforcement investigator can interview involved personnel or civilian witnesses.
Any law enforcement investigator can interview involved personnel or civilian witnesses.
The on-scene supervisor shall establish a restricted access perimeter around the scene.
The on-scene supervisor shall establish a restricted access perimeter around the scene.
The FDLE Critical Incident Team is responsible for overseeing the criminal investigation of incidents involving the use of non-deadly force.
The FDLE Critical Incident Team is responsible for overseeing the criminal investigation of incidents involving the use of non-deadly force.
The responding supervisor shall ensure that the involved deputy meets privately with their legal counsel at all times.
The responding supervisor shall ensure that the involved deputy meets privately with their legal counsel at all times.
The responding supervisor shall maintain control of the scene until the investigation is completed.
The responding supervisor shall maintain control of the scene until the investigation is completed.
The responding supervisor shall secure the involved deputy's body worn camera that recorded the event.
The responding supervisor shall secure the involved deputy's body worn camera that recorded the event.
The walk-through is used to elicit statements from the involved deputy.
The walk-through is used to elicit statements from the involved deputy.
Any involved deputy has the right to refuse an interview for purposes of the administrative investigation.
Any involved deputy has the right to refuse an interview for purposes of the administrative investigation.
A deputy can discharge an agency issued firearm at an animal when it is necessary to protect themselves or another person from being attacked.
A deputy can discharge an agency issued firearm at an animal when it is necessary to protect themselves or another person from being attacked.
Only members of the FDLE Critical Incident Team can participate in the walk-through during an investigation.
Only members of the FDLE Critical Incident Team can participate in the walk-through during an investigation.
An involved deputy is required to provide a written report after being interviewed for the administrative investigation.
An involved deputy is required to provide a written report after being interviewed for the administrative investigation.
A deputy can refuse to participate in a walk-through during an investigation.
A deputy can refuse to participate in a walk-through during an investigation.
Legal counsel is immediately appointed to represent the involved deputy(s) during an investigation.
Legal counsel is immediately appointed to represent the involved deputy(s) during an investigation.
A deputy has the right to refuse an interview for purposes of the criminal investigation.
A deputy has the right to refuse an interview for purposes of the criminal investigation.
The purpose of the walk-through is to collect physical evidence from the scene.
The purpose of the walk-through is to collect physical evidence from the scene.
A second legal counsel is present at the on-scene investigation on behalf of the Sheriff's Office.
A second legal counsel is present at the on-scene investigation on behalf of the Sheriff's Office.
The Chief Legal Counsel is a voting member of the Shooting Review Board.
The Chief Legal Counsel is a voting member of the Shooting Review Board.
The Shooting Review Board only reviews administrative findings and recommendations.
The Shooting Review Board only reviews administrative findings and recommendations.
A deputy relieved of duty after a shooting incident will lose pay and benefits.
A deputy relieved of duty after a shooting incident will lose pay and benefits.
A deputy involved in a shooting incident that results in death or serious bodily injury can resume normal duties immediately after the incident.
A deputy involved in a shooting incident that results in death or serious bodily injury can resume normal duties immediately after the incident.
Deputies relieved from duty can be reassigned to duty status at the discretion of the Sheriff alone.
Deputies relieved from duty can be reassigned to duty status at the discretion of the Sheriff alone.
A deputy involved in a shooting incident can refuse to participate in a Critical Incident Stress Debriefing.
A deputy involved in a shooting incident can refuse to participate in a Critical Incident Stress Debriefing.
The Shooting Review Board only reviews uses of deadly force that result in death or serious bodily injury.
The Shooting Review Board only reviews uses of deadly force that result in death or serious bodily injury.
A deputy relieved from duty can choose not to cooperate with the FDLE Critical Incident Team and Sheriff’s Office investigators.
A deputy relieved from duty can choose not to cooperate with the FDLE Critical Incident Team and Sheriff’s Office investigators.
The presentation to the Indian, Hispanic, and Black Advisory Boards is only for informational purposes.
The presentation to the Indian, Hispanic, and Black Advisory Boards is only for informational purposes.
A deputy involved in a shooting incident can only be referred to a psychological professional contracted by the Sheriff’s Office once.
A deputy involved in a shooting incident can only be referred to a psychological professional contracted by the Sheriff’s Office once.
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Study Notes
Use of Force/Discharge of Firearm Policy
- If a deputy discharges a firearm, the responding supervisor shall immediately respond to and assume control of the scene.
- The supervisor shall ensure the deputy who discharged the firearm is separated from other deputies and their firearm is secured.
- The supervisor shall also identify and separate all potential civilian witnesses and other Sheriff's Office personnel involved in the incident.
Investigation and Control
- The FDLE Critical Incident Team shall be responsible for overseeing and controlling the criminal investigation of incidents involving the use of deadly force and any discharge of a firearm at a person.
- No one, other than a member of the FDLE Critical Incident Team, shall interview involved personnel or civilian witnesses.
- The responding supervisor may ask basic public safety questions of involved personnel or civilian witnesses, such as the type of force used, direction and approximate number of shots fired, and location of injured or deceased persons.
Legal Counsel and Representation
- Legal counsel will be immediately appointed to represent the involved deputy(s) and will continue representation throughout the on-scene investigation and any ongoing criminal investigation.
- A second legal counsel will be present at the on-scene investigation on behalf of the Sheriff's Office.
Walk-through and Interviews
- Any involved deputy will participate in a walk-through as requested by members of the FDLE Critical Incident Team.
- The walk-through should not be used to elicit any statements from the involved deputy, but rather to collect basic information concerning the locations of the involved deputy and subject during the incident.
- If an involved deputy is interviewed for purposes of the criminal investigation, the involved deputy has the right to refuse this interview.
Administrative Investigation
- If an involved deputy invokes Miranda and their Fifth Amendment right to remain silent, the Sheriff may decide to begin an administrative investigation.
- If the Sheriff decides to begin an administrative investigation, the involved deputy may be asked to provide a compelled administrative interview.
- The compelled administrative interview will be audio recorded and used for administrative purposes only.
Deputies Discharging Firearms at Animals
- Deputies may discharge an agency-issued firearm at an animal when necessary to protect themselves, another person, or a law enforcement certified animal from being attacked.
- Deputies may also use issued firearms to euthanize gravely injured, suffering, or dangerous animals when other options are impractical and the discharge of a firearm shall not endanger persons, property, or create a negative public image of the Sheriff's Office.
Shooting Review Board
- The Shooting Review Board shall conduct an administrative review to determine if any Sheriff's Office policies or procedures were violated or if any training issues need to be addressed.
- The Board shall review any facts and pertinent testimony, and forward any administrative findings and recommendations to the Sheriff for disposition.
Relief from Duty and Support
- In every instance where a deputy uses deadly force and where such use of force results in death or serious bodily injury to another person, the deputy shall be immediately relieved of normal duties.
- Assignment to a relieved-of-duty status shall be administrative (non-disciplinary) with no loss of pay or benefits.
- Deputies relieved from duty shall remain on a relieved-of-duty status during the initial 24-hour period following the incident, after which the deputy may be re-assigned to duty status at the discretion of the Division/District Commander.
Use of Force/Discharge of Firearm Policy
- If a deputy discharges a firearm, the responding supervisor shall immediately respond to and assume control of the scene.
- The supervisor shall ensure the deputy who discharged the firearm is separated from other deputies and their firearm is secured.
- The supervisor shall also identify and separate all potential civilian witnesses and other Sheriff's Office personnel involved in the incident.
Investigation and Control
- The FDLE Critical Incident Team shall be responsible for overseeing and controlling the criminal investigation of incidents involving the use of deadly force and any discharge of a firearm at a person.
- No one, other than a member of the FDLE Critical Incident Team, shall interview involved personnel or civilian witnesses.
- The responding supervisor may ask basic public safety questions of involved personnel or civilian witnesses, such as the type of force used, direction and approximate number of shots fired, and location of injured or deceased persons.
Legal Counsel and Representation
- Legal counsel will be immediately appointed to represent the involved deputy(s) and will continue representation throughout the on-scene investigation and any ongoing criminal investigation.
- A second legal counsel will be present at the on-scene investigation on behalf of the Sheriff's Office.
Walk-through and Interviews
- Any involved deputy will participate in a walk-through as requested by members of the FDLE Critical Incident Team.
- The walk-through should not be used to elicit any statements from the involved deputy, but rather to collect basic information concerning the locations of the involved deputy and subject during the incident.
- If an involved deputy is interviewed for purposes of the criminal investigation, the involved deputy has the right to refuse this interview.
Administrative Investigation
- If an involved deputy invokes Miranda and their Fifth Amendment right to remain silent, the Sheriff may decide to begin an administrative investigation.
- If the Sheriff decides to begin an administrative investigation, the involved deputy may be asked to provide a compelled administrative interview.
- The compelled administrative interview will be audio recorded and used for administrative purposes only.
Deputies Discharging Firearms at Animals
- Deputies may discharge an agency-issued firearm at an animal when necessary to protect themselves, another person, or a law enforcement certified animal from being attacked.
- Deputies may also use issued firearms to euthanize gravely injured, suffering, or dangerous animals when other options are impractical and the discharge of a firearm shall not endanger persons, property, or create a negative public image of the Sheriff's Office.
Shooting Review Board
- The Shooting Review Board shall conduct an administrative review to determine if any Sheriff's Office policies or procedures were violated or if any training issues need to be addressed.
- The Board shall review any facts and pertinent testimony, and forward any administrative findings and recommendations to the Sheriff for disposition.
Relief from Duty and Support
- In every instance where a deputy uses deadly force and where such use of force results in death or serious bodily injury to another person, the deputy shall be immediately relieved of normal duties.
- Assignment to a relieved-of-duty status shall be administrative (non-disciplinary) with no loss of pay or benefits.
- Deputies relieved from duty shall remain on a relieved-of-duty status during the initial 24-hour period following the incident, after which the deputy may be re-assigned to duty status at the discretion of the Division/District Commander.
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