Critical Incidents Dan Malmgren 651-266-5940 Dan.malmgren@ci.stpaul.mn.us Goals View of the big picture Know your role Understand other roles Better understand the dynamics Ensure the integrity of the investigation Impact on agencies, officers and civilian personnel Types of Critical Incidents 1
Types of Critical Incidents 1. 2. 3. 4. MPPOA Critical Incident An action which arises from any act or omission within the scope of employment in which: serious injury or death occurs; or the discharge of a weapon is involved. Critical Issues Do you have a policy/procedures? Defined Roles Operations plans Expectations of the employees 2
LONG LASTING LEGACY First Arrival of Peace Officers First Line Supervisor Command Staff Criminal Investigators Critical Players Incident Management Two Part Lecture Officers Involved Common Goals Investigation Full, Fair, Factual Integrity Compassion Constitution 3
The Players Officer involved Officer witnesses Officer responding Supervisor witness Supervisor responding Public Information Officer Incident Commander Criminal investigator Management Union representative Defense Attorney Agency s Attorney Critical Incidents First Steps Stabilize Tactical Situation 1. Communications 2. Identify Hot and Cold Zones 3. Establish Perimeters 1. Inner 2. Outer What are you going to do with them? Witnesses 4
Where can you take them in your agency? Separation? Witnesses What resources do have available? How quick can they respond? Do I have all the help I need? Resources Mutual Aid Response Policy? 5
On-Scene Questions What is the first question to ask? What Questions can a supervisor ask at the scene? What questions will jeopardize the investigation? Differences Criminal Lead on ALL issues Miranda Warning Leads to Criminal Charges Administrative Follows behind Policy Review Management Questions -Garrity Leads to Discipline Policies Alcohol Testing Notifications Safe Questions Ongoing or Potential Threats Scene location Any suspects, witnesses other persons involved Rounds fired, number, direction 6
Officer(s) Involved Who is covered by Critical Incident Policy? Who is not? Can you make a witness officer give a statement? Will it jeopardize the investigation? What will you do? Who will you call? Who will make further notifications? Who needs to be notified and when? Who will do the criminal investigation? What will you do until they get there? Officer Involved Shooting BCA Checklist MN Duty Officer Type of incident, number of injuries/deaths, weapons Location, indoor/outdoor, weather conditions Date & time of incident Number/location of officers and witnesses Number of suspects and status Name/location of medical facilities and contact person Determine role of BCA personnel and local officers with department administration. 7
Delays Response General Assistance Peace Officers Investigators Who is command? Criminal Investigator Tape all interviews Lock people into stories Gather information Photograph Gather evidence Time Sensitive Information Canvass neighborhood Lock witnesses into their story Tape all interviews Video 8
Incident Commander Transfer of Command Who should assume command? Roles under the Incident Commander? Incident Command Additional Resources needed? Where can obtain resources quickly? Establish Staging Area Medical Personnel Rally Point Logistics Internal Affairs / Command Staff Assures integrity of the criminal investigation Ensures policies and procedures Evaluates training and needs for agency improvement 9
Public Information Officer One source and unified message Public Data Public Safety exception Tug of War Who will decide what information will be released? Chief Criminal Investigator Always Public Incident Data Response Data Arrest Data Public Data 10
Service Data Always Public Time, date of the request Nature of request or activity complained of Time, date of the incident Initial response Incident report number Incident Data Always Public How the information was received Names and addresses of witnesses Arrest made and/or charge Location, date and time of arrestee Resistance Encountered, force used Anyone Incident Data Vehicle Pursuit Agencies Employees names Brief factual reconstruction of events Health care facility victim was taken to Status Whether electronic eavesdropping techniques were used 11
Arrest Data Always Public Tagged or arrested Location, date and time Name age, sex and address of any adult Age and sex of juveniles Basis for legal action Warrant, probable cause, tip Charge Personnel Data Job title Discipline History Basis for the complaint Complaint History Undercover Officer? Who will write a report? Original Cross Reference all agencies case numbers Police Report 12
Fatal Chase Officer chased a without lights and siren. The officer drove through a stop sign and struck a pick up. At Headquarters, the officer was ordered by a superior to write a police report. What is the problem? Is there a problem even if the officer was not ordered and still wrote a report? Officer(s) Involved Issues Involved Officer Management What can you ask? Ongoing or Potential Threats Scene location Any suspects, witnesses other persons involved Rounds fired, number, direction 13
Garrity Involved Officer vs.? Supervisor Trooper BCA Agent Officer from another agency Another agency Supervisor Involved officers should be removed from scene feasible. None should be photographed or interviewed at the scene Officer Involved Management Officer Involved Management Should be assigned a non-involved officer to accompany and assist with their needs. Knowledgeable Person Supervisor 14
Role of Accompanying Officer DO NOT talk about the incident Take to law enforcement center Restrict Access Do not discuss the incident with anyone except those with qualified immunity. Who has immunity? Assistance Who has immunity? When talking with the involved personnel? Lawyer Psychologist Priest Significant other by marriage 15
Ways to Help Physical workout Something to play with Mends & mind body Reduces body chemical response Contacts for the Officer Involved Assist in contacting families, friends or finding other support Contacting legal representation Employee Assistance Program Unions Role Arrange pickup of significant other Separate Personnel Other people? Officer Notifications Significant Other Who? How will they get there? Take care of children / Parents? Other people? 16
Critical Incidents First line supervisor plays a critical role. What policies should be suspended? Who can be ordered to write a report Who is the: Victim? Suspect Police Reports Gun Exchange When and how should gun exchange take place? Chain of evidence Officer owns gun Who makes this decision? Suicide Risk Most cops have guns at home 17
Gun Replacement Shoot replacement gun Gives ownership Civil liability trained with new gun Exchange of Other Weapons Does the psychology of the officer change if the officer used a different weapon? Meeting With Lawyer Who can be present? All officers meet with lawyers together? All officers meet with one lawyer together? All officers meet with same lawyer separately? 18
Formal Statement When? Who will make the decision? Miranda Note: Officers may not remember everything immediately afterward (Scales) More detailed interview later Interview? Interview and Report Later? Report Only Statement Administrative Leave Assignments Questions Contact Work Restrictions Paid 19
Broken or Whole? No Evaluations!!! Officer turn over More related to aftermath than actual incident Provide Resource through EAP EAP NOT an EVALUATION Do not use your hiring or fitness for duty psychologist Psychologist Officer and partner Explains resources Physical and mental process Assistance Administrator brief the officer again sometime in the next two days Entire process of investigation Media interaction Grand jury Policy / Review board Any other potential concerns that might be encountered after a shooting. 20
More Help Administrator Keeps officers involved updated on: Criminal Process Civil Process Keep co-workers updated Officer involved difficulties EAP Meets with significant other and family Problems manifest itself 1month to 3 years later Pear Counseling Debriefing is classified as confidential Metro wide resources SPPD EAP M.S. 181.973 Privileged, not private Group Debriefing Politician Briefing City Council County Commissioners Close Session Personnel Data Criminal Data 21
Drug and Alcohol Policy What is yours? What does it cover? Is the test for criminal or administrative purposes? Is it mandatory or reasonable suspicion? M.S. 181.951 Officer over.04% - Issues??? Injured/Death Officer What will you do? Injured/Death Officer Hospital Morphine runs the mouth Do not sedate if not sleeping well 22
Injured/Death Officer Preservation of Evidence Clothing, gun, etc. Photographs of injures Accompanied to hospital/morgue 24/7 Dying declarations Line of Duty Packet Emergency contacts Who should make contacts Religion Family Burial Financial Items Durable Power of Attorney for Medical Locations of Will, Trusts, finances Funeral arrangements, details? LEMA and Legal Defense Fund/FOP Get a financial Planner 23
Agency Debriefing Rest of agency not involved Critical assessment of actions Not on people! Good for the agencies moral Criminal Investigation Notifications Questions Garrity Reports Assigned of involved officers Main Points Long lasting effects officers will remember.. Involved Non-involved Legacy 24