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Ois

Discussion in 'Cop Talk' started by 9L82, Aug 12, 2011.

  1. 9L82

    9L82 Caffeine Addled

    One of my detectives was involved in a shooting yesterday, bad guy tried to run him over and my guy shot him ( 3 for 3..not bad shooting).

    If you supervisors get a chance, try to get some training in officer involved shootings (not the technical investigation part, but the part about taking care of your officer)

    I got there and found him sitting in a police cruiser shaking. I noticed he had been disarmed so I gave him my weapon. The things I was taught came back to me right away. I got him out of the area, back to our police station and had his wife come up. We made sure he got an FOP rep and a lawyer right away and we fed him.

    I caused a little stir when I refused to allow the detectives to speak to him until today (another agency is investigating). I wanted him to get some sleep and clear his mind. He told me this morning that he remembered things today that he didn't yesterday. Had they interviewed him yesterday, he would look like a liar (this is huge, they have to be allowed to rest and collect their thoughts, the media and public will have to wait)

    Two other involved officers were from another jurisdiction. They were placed in an interrogation room by their bosses and left alone for about an hour, that really bothered them and they felt like suspects.

    We spoke today and he told me that he felt protected and that it made things much easier and less stressful.

    As supervisors, we all know the technical work required to do the job, I think we can really help our people by understanding how to help them when their lives are turned upside down.
     
    Last edited: Aug 12, 2011
  2. Nice job. As a potential defendant he shouldn't be compelled to speak without an attorney present, and when the time is right.
     


  3. God bless you.

    Where I'm at, the on-the-scene supervisor would (should) immediately send the LEO(s) to the hospital to be checked out by MDs (mental and physical).

    And the union would immediately send a rep or atty to the LEO at the ER.

    I hate how now-a-days, the LEO in a shooting encounter is presumed guilty (by his/her own agency) until proven innocent.
     
  4. Hack

    Hack Crazy CO Gold Member

    I'm glad that you took care of him. It's hard enough to deal with, and to have an investigator latching on to the officer involved before he is checked out by medical just adds to his burden.
     
  5. trdvet

    trdvet

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    Oct 2, 2004
    Good for you, it says a lot about what kind of supervisor you are. Great morale boost and confidence builder when a supervisor looks after his people.
     
  6. 9L82

    9L82 Caffeine Addled

    I didn't think about a medical check-up...makes a lot of sense. I was hoping to get some new ideas...thanks guys
     
  7. Maybe it's a dumb question, but shouldn't there be some formal SOP on the books for dealing with the aftermath of an OIS?

    Now I'm curious. Time to dig into it, and see what our SOP says, if anything. CO or copper either one, it would sure help to know in advance how this would be handled.
     
  8. CAcop

    CAcop

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    Jul 21, 2002
    California
    What you did was pretty much what we do except they dont get their gun taken away until we get back to the station. Usually another officer stays with them at all times until he goes home.
     
  9. MeefZah

    MeefZah Cover is Code 3

    3,994
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    Jan 2, 2008
    Lost Coast, Cali
    Glad your guy is okay.
     
    Last edited: Aug 13, 2011
  10. Newcop761

    Newcop761 CLM

    3,264
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    Jan 29, 2001
    In Existential Crisis
    Last edited: Aug 13, 2011
  11. 3Speedyfish3

    3Speedyfish3

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    Jun 12, 2011
    Florida
    I was Team Leader for a SWAT Op back in '04 when we had an OIS during a buy-bust. I started trying to run the scene with SWAT, the Narcs, and Patrol, when a more seasoned sergeant came up and told me to see to my men and let someone else handle the rest of the incident.

    It was good advice that I haven't forgotten.
     
  12. 9L82

    9L82 Caffeine Addled

    Newcop, Force Science actually hosted the training, it was great. The instructor was an ex-FBI agent who was in the Miami shootout in the 70's. Great insight. We are changing policy to make it 48hrs and at a location the officer wants.
     
  13. cwr

    cwr

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    Feb 25, 2008
    I was involved in a shooting on Wednesday (08-10) involving similar circumstances. My partner's IA interview is Tuesday (08-16) and mine is Wednesday (08-17). I am also half of my agency's critical incident stress team. If your guy wants or needs to talk to someone, send me a message and we'll figure out a way to hook up.
     
    Last edited: Aug 13, 2011
  14. 9L82

    9L82 Caffeine Addled

    I appreciate that, thank you. I hope your doing ok, I now know that it is a pretty intense event.
     
  15. cwr

    cwr

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    Feb 25, 2008
    I'm doing ok - thanks. Unfortunately this wasn't my first shooting. Not that it is a "routine" thing for me but so far my reaction has been like it was routine. That part has me wondering....
     

  16. Actually as far as I'm aware, being an on duty police officer, you can be compelled to speak and at least give a preliminary statement in an environment where statements cannot be used for criminal prosecution, as soon as the incident occurs!!!

    But it is good that someone like you is looking after the involved officers. It also helps to have all supervisors proficient in dealing with officers involved, not just the shooters. Our OIS unit is very good at this but it might take an hour for them to respond.
     
    Last edited: Aug 13, 2011
  17. Yes, this flows from the 5th Amendment, where a person (Yes, even a LEO is afforded this protection!) cannot be compelled to incriminate his/herself. So if your agency compels you to make a statement (where if you refuse, you'd be suspended, fired, etc...) then your 5th Amendment is being violated. So the statements you were compelled to make are not admissible in a criminal court of law (just like evidence from the poisonous tree, etc...).

    Real world application? I've heard of stories where a LEO was compelled to speak with IA investigators for "X" allegation (and refusal to answer would mean suspension or firing), and the LEO used the opportunity to also admit to "Y" and "Z" acts. Under the right circumstances, that LEO became immune to criminal prosecution for the "Y" and "Z" acts.
     
    Last edited: Aug 13, 2011
  18. Kahr_Glockman

    Kahr_Glockman

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    Texas
    An LEO can be compelled to give a statement after a shooting. The difference is that if compelled the statement must given along with a Garrity Warning, stating that you were compelled under threat of discipline to give a statement. This statement will protect the officer's statement from being used in a criminal proceeding.

    http://en.wikipedia.org/wiki/Garrity_warning