21st-quarterly-report.pdf
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Twenty-First Quarterly Report of the Independent Monitor
for the Oakland Police Department
May 4, 2015
Page 37
OPD is in Phase 2 compliance with Task 24.
Compliance Status:
Phase 1: In compliance
Phase 2: In compliance
Next Steps:
We will continue to meet with OPD to provide feedback on specific use of force reports and to
assess how the Department is addressing the serious issue of pointing firearms – the act of which
may not only be unnecessary and inappropriate, but which also elevates the risk for unfortunate
and unjustified firearm discharges.
Task 25: Use of Force Investigations and Report Responsibility
Requirements:
An on-scene supervisor is responsible for completing an investigated use of force report in
accordance with the provisions of Departmental General Order K-4, “Reporting and
Investigating the Use of Force.”
1.
OPD shall develop and implement a policy for conducting and documenting use
of force investigations that include, at a minimum:
a.
Documentation of the incident in either an Offense or Supplemental
Report from the member(s)/employee(s) using force; and/or, when
necessary, a statement taken from the member(s)/employee(s) using force;
b.
Separating and separately interviewing all officers who were at the scene
at the time of the incident;
c.
A Supplemental Report from other members/employees on the scene or a
statement taken, if deemed necessary by the investigating supervisor;
d.
Identification and interviews of non-Departmental witnesses;
e.
Consideration of discrepancies in information obtained from members,
employees and witnesses, and statements in the reports filed;
f.
Whether arrest reports or use of force reports contain “boilerplate” or
“pat language” (e.g., “fighting stance”, “minimal force necessary to
control the situation”);
g.
Documentation of physical evidence and/or photographs and a summary
and analysis of all relevant evidence gathered during the investigation;
and
h.
Consideration of training/tactical issues involving the availability and
practicality of other force options.
i.
Supervisor’s justification as to why any element of the policy was not
documented; and
2.
All supervisors shall be trained in conducting use of force investigations and such
training shall be part of a supervisory training course.