Grandview Heights Police General Orders (PDF)

EFFECTIVE Grandview Heights Police General Orders January 23, 2012 REVISED July 29, 2020 NUMBER 3.41 TOTAL PAGES 2 Death Investigations and Reports Cross Reference: ....... 3.24, 3.34, 3.38, 3.74 I. Definition A. In-Custody or Detention-related Death 1. The death of a person while in the proc...

EFFECTIVE Grandview Heights Police General Orders January 23, 2012 REVISED July 29, 2020 NUMBER 3.41 TOTAL PAGES 2 Death Investigations and Reports Cross Reference: ....... 3.24, 3.34, 3.38, 3.74 I. Definition A. In-Custody or Detention-related Death 1. The death of a person while in the process of being taken into, custody, while in custody, or while being detained by Division personnel, but not involving or caused by a police involved vehicular pursuit, police use of force, or police shooting. 2. The proximate death of a person after being released from detention or police custody. In this case, the decision to conduct the investigation will be made on a case-by-case basis after consultation with the Chief of Police and the Division’s Legal Advisor. II. Policy Statement A. Sworn personnel will not normally be involved when a death is from apparent natural causes and a hospice organization is involved and available. If dispatched to the scene, the responding personnel shall provide the appropriate assistance requested which may include notifying hospice personnel not already present. However, sworn personnel becoming aware of the death of a mentally or developmentally disabled person shall notify the coroner, regardless of the circumstances. B. Sworn personnel becoming aware of the death of a mentally or developmentally-disabled person shall notify the coroner, regardless of the circumstances. C. Statements obtained from Division personnel as a result of an order to comply with questioning during an administrative investigation of an in-custody/detention-related death will not be shared with or used in any criminal investigation or proceeding involving the personnel so ordered to answer questions. Personnel who are the focus of a criminal investigation may invoke their constitutional rights. D. The decision to conduct an administrative investigation into a proximate detention-related death of an individual shall be made by the Chief of Police after a briefing on the circumstances. E. For incidents involving an In-Custody or Detention-Related Death, the Chief of Police shall request any criminal investigation surrounding the death be turned over to an independent law enforcement agency with the authority and appropriate jurisdiction to conduct such an investigation, preferably the Ohio Attorney General’s Office Bureau of Criminal Investigation (BCI). III. Procedures A. Suspicious Death or Suicide Consider the area a serious crime scene and refer to the “Serious Crime Scenes and Guard Duty” directive. B. Sudden Infant Death If necessary, contact a partner agency for mutual-aid with personnel or a unit that has specialized training involving sudden infant death. C. In-Custody or Detention Death 1. Investigation a. Involved Personnel (1) Consider the area a serious crime scene and refer to the “Serious Crime Scenes and Guard Duty” directive. General Order 3.41 Revised 7/29/20 Page 1 of 2 (2) Permit only personnel assigned to investigate the death to enter the crime scene. (3) Immediately cause the Communication Center to be notified. b. Communication Center (1) Dispatch personnel to render assistance and/or to secure the scene, as necessary. (2) Notify Grandview Heights Division of Fire. (3) The supervisor / OIC (if the on-duty supervisor is an OIC, the immediate supervisor of the involved officer(s) will be contacted at home and ordered to report for duty. If he/she is unavailable, a sergeant will be called to duty by seniority). (4) A detective. (5) Chief of Police (The Chief will notify the Mayor). (6) Internal Affairs Sergeant. (7) At the direction of the Chief of Police or his or her designee, an independent law enforcement agency to conduct any necessary criminal investigation. c. Internal Affairs Supervisor At the direction of the Chief of Police, conduct an administrative investigation after the criminal investigation is concluded by the independent law enforcement agency. 2. Criminal Investigation a. Independent Law Enforcement Agency (1) Any necessary criminal charges will be filed by an independent law enforcement agency that conducted a separate criminal investigation or forwarded to the appropriate county prosecutor for possible consideration of criminal charges to a Grand Jury. 3. Post-Administrative Investigation Review a. Chain of Command (1) Review the investigative package. (2) Determine whether the actions of the involved personnel were within Division policy. (3) When appropriate, make a recommendation regarding corrective or disciplinary action. b. Chief of Police (1) Make a final determination if departmental charges will be filed. (2) Cause involved personnel to be notified of the final determination. D. Apparent Natural Deaths - No Hospice Organization Involved 1. Responding Personnel a. Ensure that a doctor or medic has made the death pronouncement. b. Complete an Incident Report. c. Contact a physician who will consent to sign the death certificate. d. Notify the Coroner’s Office of the death. (1) If the Coroner releases the body, request the Coroner’s permission to release all personal property from the body to relatives at the scene. (2) If the Coroner orders that the body be transported to the morgue, collect personal property and list it in the narrative section of the report. (i) If the value of cash is $500 or more, submit all property to the Property Room and note the property number in the Incident Report. (ii) If the value of cash is less than $500, note the amount in the incident report narrative and release the property to the transporting attendant. e. Notify relatives of the death. (1) Relatives are responsible for contacting a funeral home to make arrangements for the body to be transported, if released by the coroner. (2) If relatives are not present and cannot be located, notify the Coroner’s Office to make arrangements for the body to be transported. General Order 3.41 Revised 7/29/20 Page 2 of 2