OMS 105.03 Reporting.pdf

OPERATIONS MANUAL D E N V E R P O L I C E D E P A R T M E N T 105.00 FORCE RELATED POLICIES REVISED: 5/23/2024...

OPERATIONS MANUAL D E N V E R P O L I C E D E P A R T M E N T 105.00 FORCE RELATED POLICIES REVISED: 5/23/2024 PAGE: 1 OF 7 105.03 REPORTING (1) REQUIRED NOTIFICATION: Officers will immediately report the following incidents to a supervisor or command officer: a. Incidents involving a use of force: These items are reported on a Use of Force Report in BlueTeam (DPD 12) 1. An officer discharged a firearm other than in-training or for bona-fide recreational purpose. 2. An officer applies force through use of the following, regardless of whether an arrest is made, the individual dies, is injured, or complains of an injury: 40 mm launcher Any tool, object, or device used as an impact weapon By any means reasonably likely to result in death under the totality of circumstances, regardless of whether the force, does in fact result in death. Chemical agents and munitions TASER Energy Weapon PepperBall® system Patrol dog Personal body weapons (hands, knees, elbows, feet) Takedowns Any vehicle pursuit that is terminated by forced-stop methods - See OMS 204.01. 3. An officer has an accidental discharge of a PepperBall ® system, chemical agent or munition, 40 mm launcher, or TASER Energy Weapon, other than in training, regardless if the discharge was in view of the public or if members of the public were affected. b. Incidents NOT involving a use of force, but injury/death may have occurred: These items are reported on an Injured Subject Report in BlueTeam (DPD 12i) 1. An individual claims injury, suffers an injury prior to arrest, or there is an injury/death while in custody and no force was used at any time during police contact. 2. A person is injured prior to arrest or contact, and circumstances indicate he/she is claiming or may claim the injury resulted from contact with an officer. 3. A person suffers a life-threatening injury or dies while in custody. See OMS 301.13 and OMS 301.14 (8). c. Incidents NOT involving a use of force or injury while in custody/injury prior to arrest, but a firearm (no discharge) or physical hand control technique was used: These items are reported on a Contact Card 1. Anytime an officer intentionally points any firearm or TASER Energy Weapon at a person, for the purpose of enforcing the law or investigating possible violations of the law, and no other force-related incident occurs. 2. An officer uses any type of physical hand control technique, as defined in OMS 105.02 (2). O P E R A T I O N S M A N U A L D E N V E R P O L I C E D E P A R T M E N T 105.00 FORCE RELATED POLICIES PAGE: 2 OF 7 3. The RIPPTM leg restraint was applied and no force was used. d. Any incident involving an actual or perceived use of inappropriate force: In addition to the use of force reporting requirements stated in section (1) a., any officer intervening in and/or witnessing inappropriate force will document the incident on an Intervention and Report of Inappropriate Force (DPD 12v). This form is available on the DPD template drive and will be forwarded via email to the Internal Affairs Unit by the intervening or witness officer. Once received, the Internal Affairs Unit will upload the submitted form to the related use of force incident in BlueTeam. e. Use of force reporting during large-scale events: Use of force incidences that occur during large-scale events will be reported by each team utilizing force. Reports will be completed as detailed below in (2) Officer Responsibilities and will be submitted by the end of the shift on which the incident(s) occurred. (2) OFFICER RESPONSIBILITIES: The primary involved officer will prepare a Use of Force Report (DPD 12) in BlueTeam carefully articulating the facts of the incident. The report will be completed by the end of the shift on which the incident occurred. The report will include: a. An accurate description of the incident using the coded tables and text boxes will, to the extent reasonably possible, include: 1. A detailed description of the person 2. The severity of the crime at issue 3. The presence and location of witnesses at the scene 4. A specific description of the acts that led to the Use of Force 5. The level of resistance encountered 6. The threat the person posed 7. The force options available 8. Any de-escalation techniques employed 9. A description of every type of Use of Force 10. The existence of any body-worn camera or other data that exists; and b. Names of all involved officers, subjects, and witnesses. Additional forms will be used as continuation pages; and c. Documentation of medical examinations by paramedics or other responding medical personnel. This documentation will also be included on the Unified Summons and Complaint (US&C) or arrest reports, if any. d. All involved officers will complete a detailed statement describing their actions and observations by the end of their shift. e. Officer will route the Use of Force Report in BlueTeam to the investigating supervisor. (3) SUPERVISORY INVESTIGATION: a. Generally: The supervisor or command officer will ensure that all sections of the operations manual and applicable Colorado Revised Statutes have been followed. The officer’s supervisor or in his/her absence, another supervisor will respond to the scene and personally contact the officer immediately after the incident. The supervisor will conduct an independent and thorough investigation. The supervisor will ensure an initial Use of Force entry was made into BlueTeam by the end of their shift on which the incident occurred. 1. The supervisor will interview witnesses and suspects, collect evidence, take photographs O P E R A T I O N S M A N U A L D E N V E R P O L I C E D E P A R T M E N T 105.00 FORCE RELATED POLICIES PAGE: 3 OF 7 when appropriate, and when the situation involves a use of force, prepare the Supervisor’s Use of Force Cover Sheet (DPD 770), carefully articulating the facts of the incident. 2. Make every reasonable effort to identify and preserve video and/or still photos that may contain evidence relevant to the investigation, and document actions taken to obtain and preserve the evidence and/or the instruments that contain such evidence - See OMS 104.58 Search and Seizure of Electronic Recording Devices. 3. If BWC footage is available, see OMS 119.04. 4. When investigating a use of force incident involving deployment of the TASER Energy Weapon, the supervisor must recover and place into the Evidence and Property Section the TASER Energy Weapon probes and expended cartridge(s). Data from the TASER Energy Weapon will be downloaded into a computer file and results will be documented as part of the use of force investigation. 5. Supervisors and command officers will not investigate use of force incidents in which they are personally involved. It is preferable though not mandatory that the incident be investigated by their commanding officer, or an officer of higher rank. Personally involved means participation in the use of force, hands on and/or actively directing force while it was being used. 6. If at any point during a use of force investigation a supervisor has evidence of a law violation, or inappropriate force, or has been notified that officer(s) had to intervene into what was perceived as inappropriate force, or it is a potential high-profile incident, he/she will at the earliest reasonable time contact the Internal Affairs Unit for direction. 7. In all cases where serious bodily injury occurs the investigating supervisor will ensure notification of the Internal Affairs Unit. The Internal Affairs Unit will assess and determine if their immediate response is necessary. 8. Procedures for processing juveniles involved in a resistance incident are detailed in OMS 401.02 (10). 9. With authorization of the Chief of Police (or designee), the multiple use of chemical munitions in response to Defensive Resistance during large-scale events may be documented with a single use of force report. 10. If the involved employee is a member of the Denver Sheriff Department (DSD), a sheriff supervisor will be requested via Denver 911 to respond to the scene and complete required DSD reports. Denver police officers will assist with witnesses and/or statements as requested; however, the reporting requirements will be the responsibility of DSD personnel, and they will follow their policies and procedures. Lethal force incidents and deputy involved shootings will be investigated by the DPD Major Crimes Bureau and the Internal Affairs Unit will be notified. 11. Officers off-duty / officers working Secondary Employment: a. Off-duty officers who become involved in any use of force or injury while in custody/injury prior to arrest situation must report the circumstances to an on- duty command or supervisory officer within the district of occurrence as soon as the situation is stabilized. If it occurred outside the City and County of Denver, off-duty officers will report the use of force to the appropriate local law enforcement agency and notify their chain of command. b. Off-duty officers who are working police secondary employment and become involved in any use of force or injury while in custody/injury prior to arrest situation must report the circumstances via police radio to an on-duty command or supervisory officer within the district of occurrence, or when applicable to a O P E R A T I O N S M A N U A L D E N V E R P O L I C E D E P A R T M E N T 105.00 FORCE RELATED POLICIES PAGE: 4 OF 7 major event supervisor as soon as the situation is stabilized. c. An exception to reporting to an on-duty supervisor or command officer within the district of occurrence may be granted by the Chief of Police (or designee) for major events involving off-duty officers working secondary employment – police work. If an exception is granted, a supervisor or command officer working the event may fulfill the reporting requirements. d. Supervisors or command officers who investigate any incident involving an officer engaged in secondary employment must verify in TeleStaff that the officer was approved for secondary employment and document the results in the Supervisor’s Use of Force Cover Sheet (DPD 770). e. Nothing in this section will be construed to relieve any officer working police secondary employment of the duty to intervene in and report inappropriate force, per OMS 105.01 (4) c.3., OMS 105.03 (1) d. f. Off-duty officers must report any incident involving the unholstering/pointing of a firearm or TASER Energy Weapon, the use of physical hand control techniques, or the application of the RIPPTM leg restraint per the requirements of section (1) c. above. b. Required documentation (all submitted/uploaded through BlueTeam): 1. Use of Force Report (DPD 12) – completed by the primary involved officer, OR Injured Subject Report (DPD 12i) – completed by the supervisor 2. Names and statements from all witnesses. 3. Statements from all involved officers. 4. Copy of the CAD report. 5. Supervisor’s Use of Force Cover Sheet (DPD 770) – required only when reporting a use of force on a Use of Force Report (DPD 12). 6. All other related incident documentation (SBI, tow slips, GO reports, etc.) will be uploaded into BlueTeam. c. Supervisor’s Use of Force Cover Sheet (DPD 770): The investigating supervisor will complete this report within 72 hours of the incident, including: 1. Synopsis Provide a brief and general description of the incident. Describe the specific actions of each officer listed on the Use of Force report. The brief synopsis should be no longer than one paragraph. 2. Introduction Explain the reasons for the contact to include the type of call or action (reasonable suspicion, probable cause, etc.). 3. Investigation Describe the supervisor’s investigative actions to include contact with officers, witnesses, and suspect. Describe the disposition of the suspect. Review all statements for completeness. Describe any evidence collected or observed. Document activation of BWC and that it was reviewed. If it wasn’t activated or reviewed, explain why. O P E R A T I O N S M A N U A L D E N V E R P O L I C E D E P A R T M E N T 105.00 FORCE RELATED POLICIES PAGE: 5 OF 7 Ensure a neighborhood survey was conducted. Document any allegations of inappropriate force. 4. Summary Detail accusations and /or inconsistencies within statements and other evidence and provide supporting facts. Articulate if injuries were consistent with the type, manner, and amount of force used. The supervisor’s summary will not include any opinion or determination as to whether the action(s) of the officer(s) were reasonable or necessary, within or outside the scope of policy, or a potential law violation. 5. Recommendations Supervisors are responsible for assessing use of force incidents and making a recommendation when they believe an additional investigation is necessary. Upon making this determination, supervisors will check the appropriate box on the Supervisor’s Use of Force Cover Sheet (DPD 770). Potential law violations or inappropriate force: If during the supervisor’s investigation a potential law violation or inappropriate force is revealed, or an officer indicates they intervened in inappropriate force, he/she will immediately contact the Internal Affairs Unit for direction. If IA does not initiate an immediate investigation the supervisor will recommend further investigation by checking the appropriate box on the Supervisor’s Use of Force Cover Sheet (DPD 770) and ensure that the reporting officer completes the reporting requirements of section (1) d. Other potential policy violations: If the supervisor’s completed investigation reveals potential policy violations, he/she may contact the Internal Affairs Unit for direction. In such cases supervisors will also recommend that the incident be further investigated by the Internal Affairs Unit by checking the appropriate box on the Supervisor’s Use of Force Cover Sheet (DPD 770). Incomplete Information: If following his/her completed investigation the investigating supervisor has other concerns, including but not limited to incomplete information or evidence, he/she may contact the Internal Affairs Unit for direction. Supervisors may also recommend that the incident be further investigated by the Internal Affairs Unit by checking the appropriate box on the Supervisor’s Use of Force Cover Sheet (DPD 770). d. Counseling: When indicated and appropriate, supervisors will counsel officers in methods to better handle future situations to avoid or minimize the use of force. (4) REPORTING WHEN AN IN-CUSTODY DEATH OCCURS: When an in-custody death occurs (regardless of whether force was used), the narrative will indicate that “Officer(s) came in contact with the subject who later died - See homicide report.” (5) ASSAULT ON A PEACE OFFICER: In any case of an assault on a peace officer, reporting officers will create a General Occurrence (GO) report titled “Investigation of Assault”. When creating the GO report, the suspect should not be charged with resistance or any additional charges. For more information, see OMS 310.00. NOTE: When direct filing (DRMC 38-93 Assault) on a Unified Summons and Complaint (US&C), O P E R A T I O N S M A N U A L D E N V E R P O L I C E D E P A R T M E N T 105.00 FORCE RELATED POLICIES PAGE: 6 OF 7 all additional charges (e.g., resistance, etc.) will be included. (6) REPORT DISTRIBUTION: The Internal Affairs Unit, utilizing the functionality of BlueTeam, will ensure that all use of force reports and any other type of reporting obtained in this section will be routed to the officer’s chain of command. (7) USE OF FORCE REPORTING CHART – SEE NEXT PAGE. O P E R A T I O N S M A N U A L D E N V E R P O L I C E D E P A R T M E N T 105.00 FORCE RELATED POLICIES PAGE: 7 OF 7