HomeMy WebLinkAboutILA - 2011 Special Investigations Unit (SIU) �
' 2011-007569 AGR
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Documen [ TitIc :
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Additio�3al names oi� page .� `S of documcnL
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Additional legal is o�� page of documcn[.
I2efcrence Number(s) of Uoco�ncnts nin9igned or rolcased :
Additional numbers on page of docmnem.
Assestiur' s Proper� y Tux PareeUAcaouut Nwuber : (NIUST HA \'F, 15 AICI 'GS)
Properry Tax Parcel ID is not yct assigncd,
Additional parcel numbers on pase of document.
The AoditorlRecorder .vill rcly ou [he inNunnation pr�- ided on the Yorm . '1' he sLaf( will not rcoiJ
thc document to veri (y Ihe accuracy ar rompEeteness o( the indezi�fg inl'urmmiion .
INTERLOCAL AGREEMEt�l' FOR
SPECIAL INVESTZGATIONS i.R3TT TO 2NVE3TIGATE
OFFICER TNVOLVED SNCSDENTS
THIS TN'PERLOCAL AGREEMENT is eEfective UpOn the ddtE
executed by a1. 1. parties and iCs recording wiLh the & enton County
Audieor . In consideration of the mutual covenants 3�e � ow , the
parties agree as follows :
1 , pARTiES . The partzes to this Agreement are Benton and
Frankli. n counties , political subdivisions of the State of
Washington , the municipalities of Kennewick , Richland , 41est
Richland , Prosser. , Pasco , and Connell , and the Washington State
Patrol , an agency of the State of Washington .
2 . AUTHORITX . This Agreemeat is enterecl into pursuan [ to
Chapter 10 . 93 ( Washington MUCua1 Aid Peace Officers Powers Act )
and Chapter 39 . 34 ( TnterloCal CooperaCibn Act ) of the Revised
Code of Washington .
3 . PUx�oSE . The parties hereto desire to establish a
Special Inves � igations vnit consisting of �. aw ee� torcement
o � ficers from the various local law enforcement agencies to he ]. p
facili. tate orderly , thorough and objective investigations of
incidents involving 1aw enforcement officers that result in
grievous or fatal injury to another person ar [ o an of � icer
resulting � rom acts o � another person .
4 . FORMATION . Ther� is hereby created a multi -
jurisdictional team tp be known as the " SPECTI�L SNVESTSGAT20N5
01vIT " ( " SIu ^ } , the memhers of which s .Zall be officers from some
or all oP the parties hereto and who shall be selected and
shall operate in accordance with Y. he Special Investigations Unit
Protocol , attached as Exhibit A and incorporated herein by
reference ( " STU ProtacoJ. " ) .
5 . DIIRATION RND TERMSNATION . TY1e term Of thi5 Agreement
shall be through December 31 , 2011 , This Agreement shall
automatically extend for consecutive one ( 1 } year terms , unless
terminated pursuant to the terms of this Agreemant .
A party may terminate this Agreement or , alternatively ,
witildraw its participation in SIU by providing written notice to
the chief 1aw enforcement officer for each party of its intent
to Cerminate or withdraw from this Agreement . A notice of
Z
termination or withdrawal sha11 become effective upon the latter
of : a } ninety ( 90 ) days after servi. ce of the notice on the
chief law en� orcemene oPficers for. a11 parties ; or b1 at the
conclusion of any S1❑ investigation that is pending on the date
specified by ( a ) above .
6 . GO'VERr�aNCE . SIU shall be governed by L- he STO Protocol
attached hereto and incorpor. ar_ ed by refexence . The SIU Protocol
may be amended from time to time by written approval of the
Voting Member Agencies as definefl in the SIU Protocol . Upon
such amendment , ehe amended ST� � rotocol wi11 be grovided to
each Sheriff and Chxef and shall supercede any pxior versions of
that document .
7 . ASSTGNMENT OF OFFSCERS . The parCies agree to
cooperate with respect to the assigning of officers to the SIU
and that the appoxntment of 9IU officers wi11 be in aceordance
wi. th the SIU Protocol .
8 . REpUEST FOR 9IU ASSTSTANCE . As stated in the SIII
Protocol , departments are unfler no obligation to request the
assistance of S �U . If the assistance oE the szU is requested ,
tfie SIu sha11 be activated and wi11 operate pursuant to the STU
Protoco ? .
9 . ALLOCATION OF LIAHILITY/ IN�EI:IlISEICATI �N . Each o £ the
parties agrees th� t any 1iak� tl .i. ty or claim Eor non - vehicular
property damages or non - vehicular cau� ed property damages
arising out of the actions or inacticns of an of � icer that has
been appointed to the SSU and acting within Che course and scope
of the officer ' s duties as a member of the SIU shall be the
responsibility of the venue Agency . Each of the parties agrees
that any other lial� ility or claim arisrng out of the actions or
inactions of an officer that has been appointed to the SIU and
aceing within the course and scope of the officer ' s duties as a
member of the Ssu shall be the responsibility of the agency
employing the S ]: o o £ ficer { s ) whose actions or inactions are in
question . These provisions are a. ntended to expressly allocate
liability by written agreement as authorized by RCW 10 . 93 . 440 .
These provisions are not intended to re9uire indemnification or
payment by any party of that portion of any judgment against any
members af the Siu team or party hereto based on intentional
wrong� ful conduct tha [ is outside � he scope of employment of any
members of the SIU o ',r. of that portion of any judgment for
punitive damages against a SI ❑ team member or party Co this
7.
Agreement . Payment of punitive damages , if any , shall be the
sole responszbility of any individual against whom said judgmant
is rendered unless his or her employer elects to make said
payment voluntarily .
In the event that a claim or lawsuir is brought against a
party or its employee ( s ) fvr actions arising out of their
conduct in the operation of the SIU , such party sha � l promptly
notify all other pareies in writing that said claim or lawsuit
has been Ei1ed or commenced .
10 . NO PRIOR AGRSEMENTS . This Agreement and the exhibit
aCtached hereto conta � n the entire agreement of the parties with
respect to the subject matter of this Agreement . Any oral or
written representations or understandings not incorporated in
this Agreemant are speci � zcally excluded . This Agreement
aupersedes a11 prior negotiations , agreemen� s and understandings
with respect thereto . This Agreement may only be amended ]�y a
written document duly executed by all parties ; provided , the szu
Protocol may be amended as provided in paragraph 6 above .
11 . INTBRLOCAL COOPERATION ACT PROV29ION6 . No special
budget or funds are antici.pated nor created to implement this
Agreement . It is not intanded �hat a separate legal entity be
established to conduct this cooperative undertaking , nor is the
acquiring , holding , or disposing o � real or personal property
contemplated other than as specifically provided within the
terms of this Agreement . The Chief of Folice for the City of
Richland or his or her designee sha11 be the Administraeor of
Chis Snterlocal Agreement .
12 . EST.ING wiTH AUDITOR . This Agreement sha1J, be filed
wiCh the Senton County Auditor .
13 . AUTHORIZEn SSGNATORIES . By signing below , Che signor
certifies that he or she has the authority to sign this
Agreement on behalf of the party , and the party agrees to the
terms of this Agreement .
BENT COUNTY FRANFCLIN COiTNPY
,� l-- � G�,.� �:
6teve Ke e , Sheri [ £ Richard Lathim , heri � E
Date : Z��I DdCE: : � - `j � � A � �
3
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� `
Andy Mi er , �osec� ing Attorney Shawn Sant , exosecuting Attorney
D e : ^ } 5 �a�
Jo Hanaen § Co�oner Oan Blasdel , Coroner
Da Z ` � � L1 Date :
r'�c � m �,�,�.�a�..�
Leo Bowman , Chairman of Boazd Robe t Koch , Chai. rman of HoaYd
of Commissioners of Commissioners
Date : Z -2F -2o / i nate : ;� - `��� � �
attes : Attest :
�'n"- " ��r ��� �-9 aaii
ev � ' � � n� �/ c.v sy : rl�rk �_ tG�B��. +^ c�
� �a.� � '
Approved as to form : Approved as Co form :
.�,. `�'-'�.�-� ��`�-~. 1/F/2 ur �
Rya� Brown , Chief �eputy Prosecutor Shawn Sant , ProsecuCor
CITY OF TCENNEW� CK CI OP PASCO � --�
��.��--- -� �i�i ��.�---
Ken Hohenberg , C ' Police �eni ust n ChG' ef of Police
Da . a�. ! Date a � I f
Steve Young , M or Gary Cr ch ' d , City Manager
DaCe : p2�����q Da . � � 4 (
� e! � . � � �J
BY � �l�i � atf deY, Cit" � Cle 4 By : ! 11 • I—�
appxoved as to form : appz d s to Form :
�� �� ��
Lisa Seaton , City Attorney Le2and B . Kerr , City Attorney
CITY OF RICH JD CITY OF CONN�LL .
,----- �� r��
Mike obb , Acting Chief of Poli. ce Mike Xessle , ief oE Police
➢ate : ,� _ � _ � � Date :
4
`
C t ' a D . Sohnson ' y Manager , Meyor - a -Tern,
Dat • DaYe : '� ' �. - a. D 11 /'1
Attest : �'1�Lc�k, n y-e ,�G�.
J Fox D ay SY = 3 - - 2n / /
te :
, Approve � as t form :
Attest : �i�"t��
By : � / " / /
❑an Hult r nn , ity Attorney
Appro ed as to form •
� � � CI Y F SSSA
Thomas Lampson , � City ttorney � ��
t�
Patr ' ck M Cullough , Chiet of Pnlice
Y OF WEST RICHLAND �ate :
f � !/ rr+cr-' L�-
Brian MCE roy , ChieP of Police Paul Warden , Mf yo� � L �
Date : l �' Date : � ^ / '
/ ,
�onna Noski , ayo ACtest :
�ate : �
S
BY ' ��
Attest :
/Yl�u- �a��,��
s� :
WABAINGTON , STATE PATROL
������.� ��---
John R . �atiste , Chaef oE
Washington State Patrol
oate : 2 -Z �—/ / .
5
EXHTBIT A
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Nlernber , Agenciest '
� Benton 'County Sheriff' 's C7ffi'ce �Franklin County Sher,iff' s .Gffice
� � � Kennewick Pofice� ,Department Pasco Police Department .
! .. _Riehfa:nd",Police D.epartment VI%ashington State P�atrol
; West Richiand 'Police Departiment Connell� Police . Dep�artrr► ent
e 'Pr,.osser Police� ''�'epart� er�t Benton Coun�ty. Prosecutor .
� ., F�anklin County- Prosecutor� � Benton County Co�oner: �
F�ranklin Courity Corone� .
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Revised January 6, 2011
.
Tia ble�;of,,Con.`tents
1.: MISSIQN� A'ND PURPOSE OF�SIU; _ , , -_ : _. ,,• __ "� _ . .. ._. . .. .. .. . .. . ..3
2. GOQL`S� OF ,SIU _. :::
• •_ 3
3. GOV �RNANCE+ . . . :. . .._ ,,. . . . . . . _ . _ . __. . .3
4. CRIMINALiINV,ESTIGATIONIAND� ADMINISTRATIUE� RE1l, IEyll , , ;, ;, , , , , , ,, ;, , , , , , ,, , , 3
5: COS�TjS . . �� _ .
-
: . . . :.. . . . . . . . . .:. ... . .a
6 . DEFINITIONSL__ . ... . . . . . . . . . : . . . :.4
7r. UNIJTi MEiNBERS� , _ . . . ,_ ., .. - . ,,. ,. , .. . .6
8�. UNIT COMPOSItYIONI , . : -
� � _. . . . . .: , •_ . .7
9: APFOIN�TItAEIVTISELECTION� Q,F'UNI� MEMBERSL __,,,. , , , , ,,_ __, . ____ . . 8
1Q CON.FIDENT� 'ALfTY� __ -
.9
11 REMOVAL !FROM UNIT . . :. . . . . . , . . ,g
1�2 UNIT"MEMBERS FROM} ANIEMP 'LOY,ER AGENCY _ __ . .. . . . . . . . .. . . . _ . , . ._ , . . _ ;g
1�3� TIR'AI_NING' _ ._ ._. ..: :��_.__._ . . . .. . , . . . . ._. . . . . .,. . . _
14'. SIU;R �COR�Sc �. , �. . .,_ . . . . . . . :. . . ._ . . . . . :. . : . . . .. . . . . . . .. . . . 10
15. REQUESTlING �51Ui-ASSISaTrANCE;, - -:, : ;. ..; . . . .. . _ . _--` . .,.. _;;j0
16 :C�TIV�A�TjION�. ,—.:. .�. _. . • _��_ •___ •�__ . . . . . . . : . . . . :. :. :. . . :f40
r� -� _ _
17. UTHORITiY . : ;, .� . . . . . . . . . . _. _ .;1,Q
78! V,ENU� �AGENCYRESPONSIBILITIES`: , . . ., , . . , ., . _ .,,`. _ ._^ . ;�.�
19 . OBTAININGiiCRI,TiICAL INFQRMA-,TiIQN,• • • - • • ,• • • • , • • • _ ._. . . .., .. . .:g.2
20 T�URNING �OUER CONTROL QF THE CRIME� SCENE TO� SIi9 _ , :. . . . . . . . . . . . . . 12
21 SIU�GUIqELINES ._:. _ . . .. ._._ ., .. ._.,. . . . . . . . . . _ .T . . . . . . .. . . . . . . . . . : . . . . . . . . . . . 13
� _ --_ . _ _ - - -
22 SEIZING AN40FF,ICER S� WEAPON , . . .,. .. . ... . .. . . .. : i•_• _ . ., . . .T.,13
23'c RECIOGNIZINGuPOiTiENTIAL, TiRAUMA,. ._ • • :.-. . ;:• ; __:. . . ...,. .. . . . .�3
24': REiN01"/,ING,iOEF�ICERS FRQ.MfTiHE„SGENE , _. ._ _ _..,._. . . . . ,. , _;.. . . : . : �,3
25 . PEER,�SUP�POFt7 GRQUP C0[1NSELQRS ... , :. : . .� 3
26' UO'GUMENTjING `THE�!INVQLVED QFFECER S CQNDITIO.N . .,,_; __ , . .,_1 ,
- - - - -
2_7- INTERV, IEWING�'LAW��ENFORCEMENT ;EMPL:QYEES' -.A _ _, , ;; , , , , , , , , , , „� �
- - - . . . : -
2$ INT�OXIC°ANl' �TjESTING _. ,_. . . . .16
29� R � LI�UING�IINVOLW�ED 4F� fCERS OF1I� UTY� � � .;� 6
- - -
3:0 . PL�ANNED;�P,OLICE?iAG-��ION�':.. : � : . _. . ,.:: . . y . .. ..�. ._., . . ... . . ._.,16
31 '� AU�TOPSY ,— :;_ -. . . :, . ::_ .;. . ,_ .
� . . . 16
32 KEEPINGF E �U�ENUElEMPLOYERAG � NCY1lJFORM �pa ,4 . . . ._. . . . . � 6
33 . REL�E%aSE',�OFNINFpRMATlON;!! PUBLIC' iINFORMATIONi QF„F�ICER ., .,16
34. RELEASE(QF TjliE CRIME:iSCENE ..: , ,; _ , .v���
35� REF�ERRAr!'- 'T�O� THE!(COUN�TrY�iPROSECUaT�ORi .:, _ , _ , . �7
36� EVIDENCE �STiORCAGEG ;., . _ . .. ..:_ - . . 1i�7
37,� CA$ E F,ILES,. . . .� . . . . :�,7�7
- -� __
38 INC4pENTDEBRIEFINGr . ._ . . . . . . . . . ; . .- ._.,. ;_.,.;. _ .. . . : f8
_ _ _
39+ pRGANlZ%1TjIONAL�tCHART:: : . . . . . . . . . . . . . . . . . . . . . . . ,.;. .. . . . . . : . . . . . . . .. . : . .. .,1:9
- �
Specra! lnvestigatlons Unif (S!U)
Pmtocoi
a o • - e o
The purpose of Yhe Special Investigations LIniY (SiU ) is to investigate officer-involved incidenfs
that occur within Benton and Franklin Caunties which involve great bodily harm or death The
SIU will conduct a criminal investigation to develop rele�ant information to allow a determination
of the presence or absence of criminal liability on the part of those involved in the incident,
spec�cally :
A. To determine whefher the nature and the quality of the involved cond �ct is prohibited by
statutes which provide for criminal penalfies upon convictiort, and
B. if criminal conduct does exist, determine the iden#ity of the person (s) responsible , and
C . If cnminal conduct does exist, determine the degree of crime(s) , the existence of any factual
or legal defenses ta that Crime , and the presence or absence of any faCtors which r,oufd
mitigate or aggravate punishment for that crime.
While SIU cEoes not investigate administrative concerns the Employer Agency may have, it is
recognized the criminal investigation results are of interest to the Venue and Employer Agencies
for their in#emal use . The results of the SIU criminal investigation will be fully available to the
Venue and Emplayer Agencies for that purpose unless otherwise prohibited by law.
SIU C�iminal investigations shall follow the rules of law esiablished by the state and federal
constitutions , and statutory and case law whicft apply to criminal investigaYions . The
in�estigation shall he perFormed in a manner thaf provides bpth the appearance and the reality
of a thorough , fair, complete and professional investigation Yhat is free of conflicts of interest.
• � e
A. To perfarm the criminal investigation of officer-invoived incidents likely to result i� great
bodi€y harm or death .
8 . To promote public trust by conducting professional and consistent multiyurisdictional
investigations of officer-involued incidents which involve great bodily harrn or death .
C . To maximize the availability and sharing of the latest technalogical equipment and
techniques .
D . To consolidate and share the skills of the most experienced commanders, superoisors and
investigatars.
E. To conduct thorough investigations in a timely fashion .
0
The creation and operation of the 5pecia] Investigations Unit (SIU) will be governed by an lnter-
Local Agreement signed by the Chiefl5heriflfor participating law enforcement agencies, and
participating Prosecutors and Coroners . SIU Protocol will identify operafional espects of the
Unit.
• o r
The Employer Agency shall be responsible for any administrative investigation and/or review of
officer-involved incidents . The SIU criminal investigation has investigative priority over the
adminisirative investigation andlor review. Employer Agency personnel conducting an
3 Revrsed January 6, 2011
Special lnvestigatrons Unit (SlU)
Protocol
administrative investigation andlor review should r�ot be involved in an SIU investigation , nor wilf
they normally be present or engag� in SIU interviews with Subject or Witness Officers. An
allowable exception may be iF the Involved O�cer or Witness O�cers agree to provide a single
voluntary (rson -compelled Garrity) statement, and requests that EmployerAgency personnel
conducting an administrative investigation and/or review be allowed to sit in and participate on
the SIU oriminal investigation interview.
a
Each Member Agency shall be responsible for their employees ' wages and associated
empfoyea costs of the SIU .
Rny neces5ary equipment or other assoCiafed investigative costs that ar� not covered by the
shared resources of the Member Agencies shall be th� responsibility of the Venue Agency upon
the approval of the Venue Agency CF� ieHSheriff. This includes potential costs for a private
company to transcribe S111 recorded interviews . The SIU Commander shall consult with the
Venue Agency ChieflSheriff prior to comrltitting to any additional costs .
The SIU will not be responsible for handling clairr�s of damage to private property as a result of
the O�cer-Involved Incident or subsequent criminal investigation . Resppnsibility for handling
such claims shall fall upon ihe Venue Agency Chief/Sheriff.
� s
A. O� FICER-INVOLVED INCIDENT
Incidents in which the member of a participating ageney is an Involved Officer, ortF�e victim
of an action, that invoives great 6adily harm or death . The incident may include but is not
necessanly limited Eo :
( 1 ) Intentional and accidental shooYings , fnduding police tactical inCidents involving
specialized response units.
(2) Intentional and accidental use of any other dangerous or deadly weapoR .
(3) Assaults upon law enforcemeM o�cers; assaults on oiher law enfarcement employees
who are on duty or are acting for a law enforcement purpose.
(4) Attempts by law enfarcement employees to make arrests or to otherwise gain physical
control for a law enforcement purpose .
(5} Any fatal injury or great bodily harm received whife in police custody, including custodial
trauma or custodial suicide, but excluding fatal injuries of prisoners whfch occur while tf�e
inmate is under a physician's treatment for a disease or other nat� ral condition which
has been diagnos�d prior to death .
(6) Vehicular collisions, and speaifically:
a . Including any vehicle fatality which accurs
i. After, aithough not necessarily as a result of, police gunfire directed at fhe
suspect or ihe suspect vehicle.
ii . In connection with the use of vehicle(s) by police as a "legal intervention"
technique intended to apprehend a suspecY. " Legal intervention ° includes vehicle
ramming , roadblocks , and forcing a vehicle to alter its course by �ulting in front of
it or by contact.
iii . As a result of a police pursuit,
b. Excluding any vehicle fatality which involves:
i . Off-duty non-sworn faw enforcement employees who are not, at ihe time o# the
incident, acting for an actual , apparent, or purported law enforcemenY purpose.
4 Revrsed January 6, 2071
Specla! lnvestigations Unit (SrU)
Protocol
ii . Solo vehicular collisions in which She only injury is suffered by a law enforcement
employee who was the driver and sole occupant of a vehicle whicf� was not
involvec! in a collision with any other occupied vehicle .
8. POLICE EMPLdYEE
This protocol applies to empfoyees and to certain other people aftiliated with the
participating agencies , as follows :
( 1 � Full-time , part-time , a�d hour{y sworn and unsworn employees , whether on-duty or off-
duty, who are acting actually , apparently, or purportedly for a law enforcement purpose
at the time of the incident.
(2) Reserve iaw enforcement officers who are on-duty or who are actiRg aCtually,
apparently, or purpprtedly fof a law enforcement purpase at the time of the incident.
(3) Temporary employees and volunteers, whether paid or unpaid , who sre nn-dufy or who
are ac�ing actually, apparently, or purportedfy for a law enfpfCement purpose at the time
of the incidenf.
C . EN!/OLVED OFFICEFt
(1 ) The police emptoyee who used lethal force , or potentially lethal force, in connection with
an incident invol�ing a fatal injury or great bodily harm.
{2) An ofticer who operated a motor vehicle while on-duty that was involved in a fatal injury
and meets the cntr:ria identified in Section 6A(fi) , " Definitions. "
D . FATALINJURY
17eath or great bodily harm .
E . GREAT BODILY HARM
As defined by RCW 9A. 04 . 110(4) (c) , great bodily harm means bodily injury which creates a
probabiliTy of death, or which causes significant serious permanent disfigurement, or which
causes a significant permanent loss or impairment o( the function of any bodily part or
organ .
F. WlTN � SS OFFICER
An afficer who witnessed the uae of force by the Involved O�cer, and whose action was not
a use of lethal force , or potentialiy lethal force, in connection with an incident involving a
fataf injury or great bodily harm .
G . VENUE AGENCY
The Member Agency or Agencies within whose geographical jurisdiction the officer involved
incident occurs .
When an officer-involved incident occurs in part in two or more jurisdictions , each of those
jurisdictions is a Venue Agency.
When an incident occurs on Ehe baundary of two junsdictions, or at a location where fhe
relevant boundary is not readiiy ascertainable or is in dispute, the Venue Agency should be:
( 1 ) The Employer Agency if the Involved Officer is employed by either boundary agency, or
(2) 7he agency with the greater interesY in the case by virtue of having the predominartt
police involvement in the incident or by viRue of having had the majority of acts leading
up to lhe fatafity occur within its jurisdiotion .
5 Revised January 6, 20i1
Speciallnvesfigations Unit (S1U)
Pratoco!
For custodiaf deaths, the agency having custody of the person at the time hislher distress
was frst discovered is a Venue Agency. Alsq , a Venue Agen�y is the one within whose
jurisdiction any fatal action was inflicted .
If tf�e death was caused by conduct which was apparently criminal , the lead Venue Agency
is the agency wi#hin whose geographical jurisdiction the act occurred . If there is apparently
no criminal conduci involved in the cause of death , the lead Venue Agency is the one having
custody of the victim when distress was first discovered .
If an Involved Q� cer is in an incident which occurs within the jurisdiction of another Member
Agency , and if that officer was acting in the perFormance of hislher duty at the time of the
incident, the Venue Agency may elect to relinquish its role irr the criminal investigation .
H . VENUE COUNTY
The county in which the incident occurs.
I . EMPLOYER AGENCY
The Member Agency thet employs the Invalved Officer, or employs an officer who is the
victim of a fatal or grievous bodily injury. In rreany cases ths Venue Agency will afso be the
Employer Agency.
J . MEMBER AGENCIES
Those agencies that h&ve reviewed and agreed to the terms of the Inter-Loca! Agreement
that adopts this Pro4ocol .
{ 9 } Voting Member Agency: A Member Agency that has a represEntative assigned to SIU .
These agencies will be allnwed to vote on matters related Yo SIU ( i . e. proposed revisions
to the 51U Protocnl).
(2} Non-Voting Member Agency: A Member Agency that does not have a repres�ntative
assigned to SIU . These agencies may be allowed to participate in Sill discussions , but
will not be allowed to vate on matters related to SIU .
A, UNIT GOMNlANCJEFt
The S [ U Commander shall 6e from a Member Agency with the rank of Captain , appointed
by the Chiefs and Sheriffs . The Unit Commander has the overall responsihi�ity to manage
and coordinate assigned incidents as well as ensure the readiness and training of the Unit.
The Unit Cammander will serve as liaison behveen the Unit and the ChieflSheriff of the
Venue Agency and Employer Agency. The Unit Commander shall determine which SIU
Membars and other resourCes wiI] be used to investigaFe each incidenl.
B . A5SISTANT UNIT COMMANpER
The Assistant SIU Commander shall be from a Membsr Agency with the rank of Captain or
Lieutenant, ap�ointed by the Ghiefs and Sheriffs . The Assistant Commander assumes the
llnit Commander's d�ties and responsibilities in the ahsence of the Unit Commander.
Otherwise the Assistant lJnit Commander reports to the Unit Commander and perForms
tasks assigned by the Unit Commander. The Assistant Unit Commander shoufd not be from
ihe same agency as the Un9f Commander.
6 Revised January 6, 2011
Specia! Investigations Unit (SIU)
Protaco!
C . ADMINISTRAT€VE COMMAIV � ER
The Administrative Commander shall be from a Member Agency wifh the rank of Captain or
Lieutenant, appointed by the Chiefs and Sheriffs . 7he responsibilities of the Administretive
Commander include : arranging , coordinating , and documenting ail training for the Unit,
maintaining records of Unit call-outs , Unit personnel recordslroster, Unit equipment
inventory, and managing the financial transactionslrecords of the Unit. Zhe Administrative
Commander acts as the SIU Commander in the absence of the SIU Commander and
Assistant Commander. Otherwise ihe Administrgtiv� Commander reports to the Unit
Commander and performs tasks assigned by the Unit Commander. 7he Administrative
Comm � nder should not be frvm the same agency as the Unii Gommander or qssistant UniY
Commander.
D . INVESTIGAT€VE UNIT SUPERVISORS
Investigative Unit Supervisars shall be frorn a Memt�er Agency with a supervisory rank. S1U
Supervisors will be appointed by the Chiefs and Sheriffs based upon recommendations from
the Unit Commander. Investigative U � it Supervisors shall be assigned by the Unit
Commander to respond to and supervise assigned aspects o4 an officer-invoived incident.
Unit Supervisors shall repoR direCtiy to the Unit Commander. If an additional supervisor(s) is
needed , the Unii Commander shaA designate an acting supenrisor fram wiihin SIU . Unit
Supervisors should not be from the same agency.
E. ifJVESTIGATORS
Investiga�ors shaq be commissioned o�cers from a Membar AgenCy , preferably with
previous experience as a Detective. They shall be appointed by their respective agencies.
Investigators should work in tvuo or more person teams to complete specific investigatory
tasks at the direcSion of a 51U supervisor. One person should he designated as the lead
investigator for eaCh team .
F. EVIDENCE TECHNICIAN
The Evidence Technieian shall be from a tvlember Agency. The SIU Evidence 7echnician
will help with documenting evidence, collecting evidence , packaging evidence , transporting
evidence , data collection and other duties assigned .
G . CdRONER REPRESENTATNE
A coroner reprBsentative from each participating county will be assigned tn SIU to perform
the Coroner's function during the investigation of an SIU incidenk The representative from
the Venue County Coroner's Office will be acfivated for incidenfs involving death to aid in
the in�estigation of that particular incident.
H . PROSECUTOR REPRESENTATIVE
A prosecutor representative from each participating cpunty will be assigned to 51U to serve
as a legal consultant. The representative from the Venue County will be activated to provide
legal advice in the investigation of that {aarticular incident.
s • e o
SIU should be comprised of the below-Eisied members. It may not be necessary to have all
members activated to respond to an incident . The Unit Commander shalk determine which S! U
resouroes are needed for each incident.
7 Revised January 6, 2011
Specia! lnvastigations Unit (SIU)
Protocof
A. UnitCommander ( 1 )
B . Assistartt Unit Commander ( 1 )
C. AdministrativeCommander ( 1 )
D. Supervisors (3)
E . In�estigators ( 12)
F. Evidence 7echnician (2)
G . Coroner Representative (2 — one fram each participating county}
H . Prosecutor Representative (2 — one from each parficipating county)
� e o s -
A. APPOINTED MEMBERS
( 1 � The Chiefs and Sheriffs shall appoint the SIU Unit Commander, Assistant lJnit
Commander and Administrative Commander.
(2) The SIU Supervisors shall be appointed by the Chiefs and Sheriff's based upon
recommendations from the Unit Commander.
B . SELECTEb MEMBERS
SIU Investigators should be selected though the fo�iowing process :
( 1 ) The SIU Commander shall make written notification to t3�e Member Agency's Sheriffs
and Police Cniefs soliciting persannel from their respective agenciss for assignment to
SIU .
(2) The SIU Adm 'tnisfrative Commander shall ensure all applicants meet prerequisites .
(3� Qualified applicants shall be intenriewed hy a Review Board approved by the SIEJ
Commander.
(4} All applicants shall be intervi�wed using criteria pertinent for the position of a SlU
Investigator. 7he same questians should be asked of each applicant.
�5) At the conclusion of the Review Board the SIU Commander should consider the
recommendations of the Board anc! submii the recommendations to the Chiefs and
Sheriffs for final selection .
C . PREREQUISITES
( 1 ) The applicant' s agency must be a Member Agency of SIU .
(2) The applicant must have the recommendation from their ChieflSheriff.
(3) The agency and applicant must be willing io make a commitment of 3 years service to
SIU (excludes promofionlexigent circumstances)
(4) The agency and applicant should be willing to make a commitment to 8 hours of fraining
each quarte �.
(5) The applicant must be willing to be on �all and reasona6ly availabie for call-out.
(6} 7he applicant shall be a commissioned officer, preferably wi;h previous experience as a
Detective .
(7) The applicant should meet the basic trairoing requirements identified in the SIU Protocoi.
D . PERIODIC APPOIN�MENT REVIEW
The Chiefs/Sheriffs shall review the appoir�tment qf their SIU Members wYro ha�e served
ihree years for possible rotation ar repiacement .
$ Fdevised January 6. 2011
Specia! lnvestigations Unit {S!U)
Protocol
1 0 0
Information obtained by SIU investigatinns will generally be confidential wh8e the investigation is
pending . SIU Members shall not voluntarify share confidential information wiih individuais other
than SIU Members . The SIU Commander is allowed to share information with the Venue and
Employer Agencies ' Chiefl5heriff, but no other personnel , to include non-involved Chiefs or
Sheriffs.
Once the investigation is complete, the investigation file will be subjeot to requests under the
Public Records Act. Refer to Section 33 , " Release of InformationlPublic Information Officer. "
e e
Members can be removed from SiU by their respeeflve ChieflSheriff in accordance with the
agency's policies or practices.
- o 0
To maintain proper objectivify, any Slll member from an Employer Agency should not
participate in the investigation of Yhat paRicular incident . An exception may apply to the
Wash[ngion State Patrol, which includes the Wa5hington State Patrol Crime La6s and Cr9me
Scene Response Team , since fhey are a statewide agency .
5 [ U members should have received the basic training identified befow prior to apppintment with
SIU . Some courses may be waived based upon the member' s experience and/or on-the job
training , as determined by ihe S3L1 Commander. The advanced training , faken beipre andlor
during their SIU appointment, is desirable and Member Agencies should make reasonable effort
to provide this tra€ning .
A. 6ASIC TRAINING
( t ) Basic Homicide Investigation
(2� Crime SCene Investigation
(3} lnferviewing and interrogation
(4) Crime SCene Photography (which may include Videogfaphy)
B. ADVANCED TRAINING
( 1 ) Advanced Homicide Investigation
(2) Advanced Interviewing and Interrogation
(3) O�cer- Involved Shooting Investigafion
(4) Blaod Spatter
(5) Crime Scene Laboratory Services
(6� aNA
(7} In-Custody Death Investigation (which may indude Excited DeliriUm and Positional
Asphyxia)
(8) Other related training , seminars , and conferences or on-going training as otfered by
WSCJTC or ofher training venues on an as available basis .
9 Revised January 6, 2091
Specia! lnvestigations Unit (S!U)
Protocol
C. IN-SERVICE TRAINING
The 51U shall strive to maintain a unit of highly skilled and trained investig8tors. S! U shouid
train together as a unit at least twice annually. Quarterly training shou3d be allowed besed
upon nead .
0 ' P
Records shalf be maintained by the SIU Administrative Command8r of all Unit activity including :
A. Selection Process
B . Personnel Hisfory
C . Call-out activity
D . Unit and individual training
P
Departmenis are under no obligation to request the assistance of SIU . The Venue Agency may
choose to investigate the incideRt without SIIJ assistance. Each deparfinent shoufd establish
their own guidelines as to when and if they will request assistance from SIU .
The Protocol identified in this document becomes effeCtive upon the activation of SIU .
Member Agencies may request SIU activation upon the occurrence of any sensitive or critical
e�ent involving a law enforcemer�t employee which may have possible criminaf liability attached .
Upon this uni€ateral invocation , the matter will be investigafed under the provisions of this
Protocol . Such incidents may include:
A. A fatality which is not covered by this prot000l and guideline .
B . An o�cer-invalved incident where the injuries are not fatal ,
C . Any other sensitive or critical event involving a law enforcement employee where criminai
conduct is a possibility fo be invesiigated .
Whife formed primarily fo investigate oHEcer-involved incidents, SIU may be requested for non-
ofFicer involved incidents .
a
A. A Chief of Palicel5heriff, or their designee, should make the request for SfU through their
respective communicatEons center.
B . The communications center sh211 confact the SIU Commander per SlU call-out instructions .
C . The SIU Commander should cali the Venue Agency supervisor at the scene ta obtain all
available information .
D. The SIU Commander shall determine what and how many S ] U resources are needed . Not
all incidents may require activation of the entire SIU .
E. Cali-out instructions for the SIU shall be provided to communication cenier5 by the Sill
Commander.
o -
Once the agresment has been made for SIU to investigate an incident, as requested by the
Venus Agency representati�e, the S ! U Commander shalf have sole and exclusive authority
conceming the criminal investigation of the incident.
10 Revised January &, 2011
Special Investigativns Unif (SIU)
Protoco!
Washington State Patrol policy direCts that the WSP will investigate use of IBthal force by its
persannel , and that the WSP wiil not atternpt to prevent a concurrent investigation by other
agertcies with jurisdiction , The SIU and WSP should work jointly to criminally investigate the
incident if the Invofved Officer is a WSP trooper.
- a
A. The Venue Agency shall be a Member Agency in order for the SIU to be activated .
B . Venue Agency first responders should ensure that emergency life saving measures are
taken .
C . 7he on-scene Venue Ag�ncy supervisor may attempt to obYain critical informatiort pertinent
to the safety of offcers and citizens . Refer to Section 19 , "Obtaining Critical Information . °
D . The Venue Agency should ensure proper crime scene protection . This includes, but is not
limited to, immediately securing the crime scene , controlling access into the crime scene ,
and recording the names of individuals who have entered the crime scene. Writte� reports
are expected {rom those who enter a designated crime scene .
E. The Venue Agency should identify , and take reasonable steps to protect, perishabl�
evidence at the scene.
F . The Venue Agency should attempt to identify witnesses who are preseni at the scene .
Potenfial witnesses (including Witness Officersf should be sequestered as soon as
reasonably possibfe . Witness O�cers shovld he directed 6y their Employer Agency
supervisor or commander to not discuss details of the case with the Involved Officer or other
Wiiness Officers untiE SIU has completed their interviews with those officers .
G . If, prior to the arrival of 51U personnel , a person is transported lo a hospital with fife-
threatening or fatal injuries , the Venue AgenCy should provide an offiCer ta accompany that
person in order to:
( 1 ) Locate , preserve, safeguard and maintain the chain of custody for physica! evidence .
(2) ObtaiR a dying declaration , spontaneous statement , and/or siatement vf then-existing , or
previous , mental or physical state.
(3j Maintain custody of the person if helshe has been arrested .
(4� Provide information to medical personnel abaut the incident that is relevant Yo treatment,
and obtain information from medical personnel relevant to the criminal investigaGon .
(5) ldentify relevant people, induding witnesses and medical persannel.
H . ff a !aw enforcement officer has been injured and transported to a hospital , the agency in
whose jurisdiction the hospital is located should provide appropriate security and assistance .
The Employsr AgenCy should ba responsible for providing necessary assi5tance to ths
oHicer's family at the haspital .
I . The Venue Agency representaYive should make the initial request for the SIU .
J . The Venue Agency should provide a 5upervisor or Incident Commander who is available at
the scene. That perspn should update SIU personnel upon their arrival at the scene .
K. The Venue Agency should make department personnel ava 'rlable to tfie SIU .
L. For incidents in which a suspect is taken into custody, the Venue Agency wifl coordinate
appropriate securify measures with the S1U Commander and bear the costs of security until
the suspect is available for booking . It is understood that special Circumstanoes may dictate
that anoiher Non-Venue Agency may provide assistance and security upon request of the
Venue Agency's ChieflSheriff.
M . The Venue Agency shauld tum over to SIU in a timely manner all evidence that is in their
possession .
1 "1 Revised January 6, 20f i
Speciallnvestigations Unit (SIUJ
Prorocol
N . The Venue Agency should make al! doc�menSs , reports, and irtformation on the incident
available to the SIU in a timely manner.
O. T�e Venus Agency should allow use of space and equipment as needed by the SIU .
o : o - e
The Involved Officer may have information that is pertinent to the safety of officars and citizens,
as well as the proper preservation of ihe crime scene . Such informaYion may include, but not be
limited ta; medical aid that is needed , inFormation neCessary to apprehend suspect{s) , and
identification of perishable evidence. For purposes of this protocol , the reasons or basis for the
use of force by an Involved Officer, or details of that use of force, is not considered critical
information.
The Venue Agency on-scene supervisor may, f�ased upon that agency`s training , policy or
guidelines, attempf to obtain critical information from tl�e Involved Officer that is reasonably
necessary to aid injured persons , apprehend suspeot{s) and protecE perishable evidenCa
All Member Agency supervisors and �ommanders should tae £amiliar with Garnty v. New Jersey
and the consequences to a criminal investigation of directing or ordering a� employee to answer
questions.
A. 7he SIU invesfigation shall not consider or use any compelled information provided by an
Involved Officer who was directed or ordered to provide such information, unless authorized
hy the Venue Agency prosecutar.
B. Any supervisor or other agency member who has directed or ordered an employee to
answer questions shal ! immediately report that fact to the firsY-arriving SIU investigator and
the SIIJ Commander upDn hislher arrival at the scene .
( 1 ) Dafail5 of the compelled information leamed from the employee shall not be provided to
S{U personne! unless authorized by the Venue Agency prosecutor.
C . The SIU Commander shall attempt contact with the Involved Officer to inqt�ire if heishe was
direcfed or ordered to answer any questions .
( 1 ) Details of the compelled information shail not be obtained .
(2) The S1U Commander shall ensure that no compelled information is Used as part of the
SIU investigation unless authorized by the Venue Agency prosecutvr.
� a o - • a o
The Venue Agency Supervisor or Incident Commander shall turn over control of the Crime
scene to the SIU Cammander upon his/her arrival . SIU then becomes responsible for #he crime
scene and inifiation of the criminal investigation . The Venue Agency shall mainlain perimeter
control of the crime scene if requested by Yhe SIU Commander.
A criminal acl or investigation (i . e. robbery, burglary, search or arrest warrant service) may have
preceded the Officer-Involved Incident. If sa, the SIU Commander shall consult with the Venue
Agency lncident Gommander to determine whiCh agenCy should [nvestigate ihat preceding
event, to include pursuing criminal charges related to that event. If so requested, SIU Shall
assume responsihility for the cr[minal investigation of the preceding event. Othenvise , SIU will
limit its criminal investigation to the O�cer-Involved Incident.
12 Revised January 6, 201 i
Special lnvestlgations Unit (SlUJ
Pratoco!
0
The SIU is comprised of personnel from multiple agencies, whose specific indestigative roles
may change from case to case . The SIU recognfzes it is imporiant to main{ain consistency in
the quality and type of investigation that is performed . Therefore, the SIU Commander will
devise guidelirtes to be used during SfU investigations . SIU members will follow the guidelir�es
as a part of their investigation .
a ^ o
If, upon arrival of SIU personnel, an Involved Qfficer is still in possessiort of a firearm or other
weapon that was used in the incident, the SIU Commander wifl coordinate obtaining that firearm
or weapon with the Employer Agency Supervisor or Incident Commander.
7he 5IU Coromander shall ensure an inspecfion is conduCted of all Witness Officer's {or other
o�cers who may have been present at the time tha# force was applied ) firearms, ammunition or
atherweapons. These inspections will be coordinated through that o�cer's Employer Agency
Supervisor or Incident Commander.
• • a
The duties and responsibilities of a law enforcement officer may place an o�cet in a position in
whic#� helshe mayjustifiably need to use deadly force , or result in an officer being the victim of a
crime .
tt is recognized the Involved Officer or Vlritness Officer may e�counter psychpioqical trauma
from an inddent that is a result of them fulfilling their duties and responsibilities . SIU personnel
will be aler4 fo� signs that indicate an officer may be suffering from such trauma . SlU personnel
will treat involved oHicers with sensiiivity and awarertess as to the potenYial of acute stress
reaction andlor other psychological lrauma.
0 0 - o
If, upon arrival of SIU person �el , an Involved flfficar or Witness O�cer is still present at the
scene, the SEU Comrr[ander will coordinate with the Venue and Employer Agency Supervisor or
Incident Commander the removaf of those offioers from the scene.
To assu�e witness credibility these o�cers should , whether they are removed from the scene
prior to or after SIU arrival , be kept separated from each other until statements are obiained by
SIU . Witness Officers should be directed by their Employer Agency supervisor or commander to
not discuss details of the case with the Involved Officer or other Witness Oifcers until SIU has
campleted their interviews with those ofTicers .
• o • - n o o -
It is recognized that the Employer Agertcy may have guidelines in place that allow Peer Support
Group Counselors who are not Involved in the incident to have access to the Envolved or
Wifness Officers. These discussions are considered privileged communications pursuani to
9 3 Rc vised January 6, 2011
Specia! Investigatrons Unit (S!U)
Profoco!
RCW 5 . 60. 060. SIU will allow Peer Support Group Counselor involvemenf per the Employer
Agency's policy or guideline .
0o a � o m o a
SlU Members should photograph and document any injuries the Involved Officer, or any other
olficer, may have received. The Involved Officer's clothing will also be photographed and
documented . The cloihing may be seized as evidence.
• o
Il is recognized that o�cers who justifiably use deadly force as a part of their duties and
responsibilities may be subject to civii litigation . It is acknowledged that the SIU criminal
investigation interview wiYh Involved Officer{s) and Witness Officer{s) may be used by the
Employer Agency in the administrative investigation andlor review of the incident to determine if
any policy violaifons may have occurred . However, Employer Agency personnel conducting an
administrative inve5tigation and/or review should not be involved in an SI U investigation , nor wili
they normally 6e present ar engage in SIU interviews with Involved or Witness Officers. An
allowable exception may be if the lnvolved Officer or Witness OffiCers agree to provide a single
voluntary (non-compelled Garrity) statement, and requests thai Employer Agency parsonnel
conducting an adminisirative invesiigation andlor review be allowed to sit in and partiCipate on
the SIU criminaE investigation inferview.
SIU recognizes that each agency's collective bargaining agreements (CBA) may establish
guidelines for interviewing the Involved Officer and Witness Officers . SIU members will
famili2rize themselves with the Employar Agency's CBA as it pertains to this topic.
Any interview with the Involved OffiCer or Witness O�cer will be scheduled by the SIU
Commander thtough the Employer Agency's Chief/Sheriff or hi5/h�r designee .
Wiih !he offcer's consent, formal interviews by S ! U Members with the In�olved OfFeer and
Witness Officer(s) wi(I be tape recorded and transcribed .
A. Interview wifh the [ nvolved Officer.
( 1 ) Unless the Involved Officer is a suspect involving possible criminal charges, the
interview with tne officer should be treated as a witness inter�iew balancing the need to
obtain all necessary informatian wEth sensiti�ity for Ehe circumstances of the necessity af
the interview. This approach is to be consistent with similar interviews with non-law
enforcement officers. An exampla would be interviewing the parents of a deceased child
when there is no probable cause to believe that a parent has committed a crime .
(2) Researcfi indicates an [ nvolved Ofiicer' s memory often will be helped by revisiting ihe
Crime scene and doing a walk through after e�idence and evidence markers have been
removed , and before the officer has been interviewed . It is recognized this process can
be instrumenial in separating a true picture of the event from perceptual[y distorted
recollections, and that the officer may recognize things in the scene thal will stimulate
recalf . Consequentiy, if requested by the Involved Officer, SIU will generally allaw the
offiCer, with only hislher legal counsel , to do a walk-through of the scene priar to a formal
interview. 7he legal right to do a walk-through after investigators have 9eft the scene (i. e .
14 Revrsed January 6, 20i1
Specia! lnvestigations Uni[ (S!U)
Protoco(
public property crime scene versus private praperty crime scene) will need to be
considered. The same approach is often used in homic[de cases involving witnesses or
suspects who are not law enfprcemsnt officers .
(3} It is recognized the interview may take place one to several days after the incident
occurred .
(4) The lnvolved Officer shauld �e allowed to pravide a written statement prior to the
interview i( they so desire .
(5) i'he Involved Officer will be treated with sensitivity and awareneas as to the potential of
aCute stress reaction andlor other psychological trauma.
(6) The Involved ONicer has the sarne constitutional rights as any other citizen. 7he o�cer
has the right to have legal counsel present during the interview. The officer shauld be
provided a reasonable time to cons �lt with legal counsel prior to the formal inierview.
(7) If the Involved Officer requests a Guild RepresenYative (other than an attomey) be
present during the inter�iew, the SIU Interviawer(s) will notify the 51U Commander. The
Commander will then aonsult with the Venu� County' s prosecutor and the Employer
Agency Chief/Sheriff. A decision will then be made as to whether a Guild representative
can be present during the interview. If a Guild Representative is allowed to sit in on the
interview, the Representative will not be aflowed to interfere with or obstruct the
interview process .
(8} The ] nvolved fffficet will be advised of {he Miranda rights prior to an interview, and
afforded immediate opportunity to obtain legal caunsel . Pnor fo being interviewed , the
Involved Officer will be advised
a . That they are being questioned reEated to a criminal investigation , and
b . That they are free to leave.
(9) SIU ilhembers will obtain statements trom the Involved Officer onfy if it is "free and
vo€untary." If an Involved Qfficer indiCafes he/she will not pro�ide a statement unless
compelled to do so, the interview will be stopped . SfU InteNiewer(s} shall nofify the SIU
Commander, wha will notify the Venue County prosecutor's office and the Employer
Agency Chiefl5heriff.
B . Interview with a Witness Officer.
( 1 ) Interviews with Witr� ess Officer(s) will likely need to be arranged on the same day fhat
the incident occurred. Witness Officers will be interviewed separetely.
{2 } Unit Membefs should be alert for signs the Witness Officer(s} are traumatized and may
neecE some time to decompress prior to giving a statement.
(3) Generally, an otficer who is a wifness to the use of force and is not involved in the
appGcation of force 'rn any manner and not a subject of the investigafion , does not have a
righi io union represenfation during hislher interview. That is �nless the �tness Officer
reasonably believes hislher stateroent may result in discipline. Under such
circumstances , if the officer requests Guild representatian , he/she may be allowed to
15 Revised January 6, 2011
Special Investigations Unit (5lUJ
Protocal
have a Guild Representative present during the interview. The Representative will nat
be allowed to ir[terfere with or obstruct the interview process.
(4) Witness Officer(s) may, if appropriate , be asked to participate in a walk-through of the
scene with S��J investigators.
0
Law enforcement employees have the same rights ancf privi�eges that any civilian would have
regarding intoxicant Yesting . If SIU hiEembers determine a law enforcement empfoyee's state of
sobriety is relevant to the criminal investigation , they may:
A. Obtain the blood and/or urine sample by valid consent .
B . Rpp€y for a search warrant to obtain the samples .
C . When applicable, utHize the provisions of the Motor Vehicle Code of state statutes for
vehicle driving in �idents .
e o a • o
SfU will not be involved in relie�ing any Involved Officer or Witness Officer o( their duties . Any
5uch action will be the responsibility of the Employer Agency.
� e • e e
If the Officer- Involved Incident is a result of a planned police action ([. e. search warrant service ,
arrest warrant senrice, tactical operation}, doCuments and materials associated with the
planning and execuYion of thaf action shall be turnad over to 51iJ . Perso� nel invalved in the
aCtion shall be interoiewed by SIU . Those personnel should not debrief the incident amongst
themselves until the last SIiJ interview is conducted with those involved .
o -
Autopsies will be coordinated with the SIU Coroner Representatfve and will be conducted
through the Venue County Coroner's office. A SIU Member wilf be present during autopsy and
take all appropriate irtvestigative steps .
e s - a
The SIU Commander should ensure the Venue Agency and Employer Agency's ChieflSheriff is
kept informed of the progress of the criminai investigation .
o • - m o - e o
The SlIJ Commander, ihe Venue Agency and Employer Agency Ghiefl5heriff shoufd identify a
single Public information Officer for release of information to the pubfic. Release of detailed
iniormation pertaining to the oriminal investigation requires notification to the 5 € U Commander.
Under no circumstances Should information be released that may compromise a SiU
investigation , unless required by law.
Requesfs for Release ofi Public Records of SIU in�estigative reports preferably would be made
through the Venue Agenay. However, individual agencies represented on the Unit wil ! be
16 Revised January S, 201 f
Specia! lnvestigations Unit (S!U)
Protaco!
required to follow applicable statutes for reporfs of their Unit members shoufd a request for
public records be filed with that agency . Release of any reporis or records will follow the policy
or guideline af the respective agencies. The S1U Commander wilf be notified by the Venue
Agency, Employer Agency or any Unit Members that receive a records request related to the
incident while the investigation in pending .
6
Only tfie 51U Commander, in consultation with and approval from the Venue Agency
Prosecutor, rrtay authonze release of the crime scene upon completion of the ceiminal
investigation . The SIU Comma �der shall notkfy the Employer and Venue Agency ChisflSheriH of
the intent to release the scene prior io it aatually being released .
0 0 • o • -
! n coordination with ihe SIU Prosecutor Representative , the SIU Commanderwi€I presenYthe
SlU investigative fiie to the Venue County Prosecutor for consideraiion of a Coroner's Inquest,
referral to the DepaRment of JusfEce , and review of filing on any potsntial criminal charges .
The Prosecutor shall also be available for consultation on search warranis, special inquiry
proceedings , special inquiry subpoenas, and issues regarding statements by law enforCement
offiCers when Garrity or other issues are raised .
u e -
All evidence should be stored under the control of, and at the evidence storage facility of, a
Non-Employer MemberAgency designated by the SIU Commander. The SIU Commander shall
coordinafe with that MembsrAgency's Chief/Sheriff. The SIU Evidenee Technician shall work
with that Member Agency's Evic[enCe Technician on deSails of inventorying and storage of
evidence items .
The Venue Agency shall be responsible (or storage and handling costs of extraordinary items
such as vehicEes , HAZMAT, etc.
All original reports, statements, and other documentaYion of Venue Agency employees should
be filed and maintained by the Venue AgenCy. Copies of those reports, statements, and other
documentation shall be submitted to the SIU Commander in a timeEy manner.
SIU will fle reports under the assigned Venue Agency case number. The Venue Agency face
sheet and origirsal report will be completed by a Venue Agency officer, other than the Involved
Officer. It is recognized the original report may be brief, and will be Supplemented by detailed
SIU reporfs .
Justifiabie homicicfes often occur in conjunction with other criminal offenses . The National
Incident Based Reporting System (NIBRS) data collection guidelines identify the justifiable
homicide must be reporfed as a separate incident from the other crimina[ offense. For the
justifiable homicide case, NIBRS requires that the Involved Officer be listed as a "suspect," and
'17 Revised January 6, 2011
Special lnvestigations llni� (SIU)
Arotocol
the perpetrator who is killed be listed as a "victim. " Other offiicers or civifEans shou�d be listed as
"witness" or " involved other. "
SIU members shall file She 'rr reports on a standard supplemental report template , different than
the i-Leads electronic report system . Those rsports shall be printed and submitted to the SIU
Corrimander upon completion . The 51U Commander will establish a master page number for
each page of the report_ The SIU Cornmander shali be responsible for ensuring all people listed
on SiU reports are entered inta the I - Leads database, and the completed report is scanned in
and electroniCally attached to th� Venue Agency repart. Reading access Capabiliiies to the
electronic version of the report will be restricted and locked until the criminal Envestigaiior� and
administrative review is completed . It shall be unrestricted only with authorization from the
Venue Agency ChieflSheriff. The procedure in Section 33 , "Refease of Information , " will be
follpwed for requests fo� release of public records .
SIU reports will be campleted in a timely mannec The SIU Commander and Venue Agency
Chief/Sheriff will coord[nate where the original 5fU investigative file will be sYored . Upon
completion of fhe investigation and after the case has been referred to the Venue County
prosecutor's office, copies of the SIU investigative fife should be made available to the
Venue/Employer Agency ChieflSheriff with the approval of the Venue County Prosecutor.
0 0
An incident debriefing Tor SIU members wiA be conducled as soon as practical after each
acti�ation . The debriefing witl be scheduled and conducted by ths SIU Commander.
98 Revised January6, 2p11
Speciallnvestrgations Unif (SIll)
Protoco!
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19 Revised January 6, 201 f