LINEVILLE PD - 305 - OFFICER INVOLVED SHOOTING & DEATHS

LINEVILLE PD

GENERAL ORDERS POLICE DEPARTMENT

SUBJECT: GENERAL OPERATIONS

TITLE: OFFICER INVOLVED SHOOTINGS & DEATH

EFFECTIVE DATE: AUGUST 31, 2025

REVISION DATE:

ACCREDITATION: ALABAMA ASSOCIATION OF CHIEFS OF POLICE (AACOP)

APPROVAL: CHIEF

OFFICER INVOLVED SHOOTINGS & DEATH

305.1 PURPOSE AND SCOPE

The purpose of this policy is to establish policy and procedures for the investigation of an incident in which a person is injured or dies as the result of an officer-involved shooting or dies as a result of another action of an officer.

In other incidents not covered by this policy, the Chief of Police may decide that the investigation will follow the process provided in this policy.

Surviving the aftermath of a shooting starts with mental preparation and commitment before the shooting. Should an instance arise that threatens and/or places you and/or another person in intimate fear of serious bodily injury and/or death, your responsibility of extinguishing the threat may be necessary, appropriate, and an integral part of the job.

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305.2 POLICY

The policy of the Police Department is to ensure that officer-involved shootings and deaths are investigated in a thorough, fair and impartial manner.

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305.3 TYPES OF INVESTIGATIONS

Officer-involved shootings and deaths involve several separate investigations. The investigations may include:

A criminal investigation of the suspect’s actions.

A criminal investigation of the involved officer’s actions.

An administrative investigation as to policy compliance by involved officers.

A civil investigation to determine potential liability.

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305.4 CONTROL OF INVESTIGATIONS

A Crime Scene Unit / JSU Center for Applied Forensics will process the scene. They will take photographs, may shoot videos, take measurements, mark and collect evidence, etc.

Investigators from surrounding agencies may be assigned to work on the criminal investigation of officer-involved shootings and deaths. This may include at least one investigator from the agency that employs the involved officer.

Jurisdiction is determined by the location of the shooting or death and the agency employing the involved officer. The following scenarios outline the jurisdictional responsibilities for investigating officer-involved shootings and deaths.

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305.4.1 CRIMINAL INVESTIGATION OF SUSPECT ACTIONS

The investigation of any possible criminal conduct by the suspect is controlled by the agency in whose jurisdiction the suspect's crime occurred. For example, the Police Department would control the investigation if the suspect's crime occurred in the City.

If multiple crimes have been committed in multiple jurisdictions, identification of the agency that will control the investigation may be reached in the same way as with any other crime. The investigation may be conducted by the agency in control of the criminal investigation of the involved officer, at the discretion of the Chief of Police and with concurrence from the other agency.

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305.4.2 CRIMINAL INVESTIGATIONS OF OFFICER ACTIONS

The control of the criminal investigation into the involved officer’s conduct during the incident will be determined by the employing agency’s protocol. When an officer from this department is involved, the criminal investigation will be handled according to the Criminal Investigation section of this policy.

Requests made of this department to investigate a shooting or death involving an outside agency’s officer shall be referred to the Chief of Police or the authorized designee for approval.

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305.4.3 ADMINISTRATIVE AND CIVIL INVESTIGATION

Regardless of where the incident occurs, the administrative and civil investigation of each involved officer is controlled by the respective employing agency.

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305.5 INVESTIGATION PROCESS

The following procedures are guidelines used in the investigation of an officer-involved shooting or death.

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305.5.1 UNINVOLVED OFFICER RESPONSIBILITIES

Upon arrival at the scene of an officer-involved shooting or death, the first uninvolved LPD officer will be the officer-in-charge and will assume the responsibilities of a supervisor until properly relieved. This officer should, as appropriate:

(a) Secure the scene and identify and eliminate hazards for all those involved.

(b) Take reasonable steps to obtain emergency medical attention for injured individuals.

(d) Coordinate a perimeter or pursuit of suspects.

(e) Check for injured persons and evacuate as needed.

(f) Brief the supervisor upon arrival.

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305.5.2 SUPERVISOR RESPONSIBILITIES AND INVOLVED OFFICER EXPECTATIONS

Upon arrival at the scene, the first uninvolved LPD supervisor should ensure completion of the duties as outlined above, plus:

(a) Attempt to obtain a brief overview of the situation from any uninvolved officers.

1. In the event that there are no uninvolved officers who can supply adequate overview, the supervisor should attempt to obtain a brief voluntary overview from one involved officer.

(b) If necessary, the supervisor may administratively order any LPD officer to immediately provide public safety information necessary to secure the scene, identify injured parties, and pursue suspects.

1. Public safety information shall be limited to such things as outstanding suspect information, number and direction of any shots fired, perimeter of the incident scene, identity of known or potential witnesses, and any other pertinent information.

2. The initial on-scene supervisor should not attempt to order any involved officer to provide any information other than public safety information.

(c) Provide all available information to the Watch Commander and Communications. If feasible, sensitive information should be communicated over secure networks.

(d) Take command of and secure the incident scene with additional LPD members until properly relieved by another supervisor or other assigned personnel or investigator.

(e) As soon as practicable, ensure that involved officers are transported (separately, if feasible) to a suitable location, usually our Department, for further direction.

1. Each involved LPD officer should be given an administrative order not to discuss the incident with other involved officers or LPD members pending further direction from a supervisor.

2. When an involved officer's weapon is taken or left at the scene for other than officer-safety reasons (e.g., evidence), ensure that he/she is provided with a comparable replacement weapon or transported by other officers.

3. The investigating agency and/or JSU Center for Applied Forensics will retain your weapon in evidence until it is authorized to be returned to you.

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305.5.3 WATCH COMMANDER RESPONSIBILITIES

Upon learning of an officer-involved shooting or death, the Watch Commander shall be responsible for coordinating all aspects of the incident until he/she is relieved by the Chief of Police or his or her designee.

All outside inquiries about the incident shall be directed to the Watch Commander.

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305.5.4 NOTIFICATIONS

The following persons shall be notified as soon as practicable:

Chief of Police

Deputy Chief of Police

Post High-Stress Event Procedures rollout team

Outside agency investigators (if appropriate)

Professional Standards supervisor

Civil liability response team

Psychological/Peer Support Personnel

Chaplain

Coroner (if necessary)

Involved officer's agency representative (if requested)

Public Information Officer

Involved Officer(s) spouse/significant other

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305.5.5 INVOLVED OFFICERS

The following shall be considered for the involved officer:

(a) It is recommended that the involved officer(s) be checked by medics at the scene if possible. This recommendation is to ensure that the involved officer(s) vital signs are within a safe range and do not have unnoticed injuries and/or other health problems caused by the stress of the incident. If the involved officer(s) do not go to the hospital, a follow-up with their standard medical physician is recommended.

(b) Any request for legal representation will be accommodated.

1. Involved LPD officers shall not be permitted to meet collectively or in a group with an attorney or any representative prior to providing a formal interview or report.

2. Requests from involved non-LPD officers should be referred to their employing agency.

(d) Discussions with employee groups will be privileged only as to the discussion of non-criminal information.

(e) In regard to consulting a mental health professional, do what is best for you. There is no shame in seeking professional help. For some, a single therapy session may be helpful; others may need months or even longer to come to terms with what occurred. Be honest with yourself and get help if you need it. A licensed psychotherapist shall be provided by the Department to each involved LPD officer. A licensed psychotherapist may also be provided to any other affected LPD members, upon request.

1. Interviews with a licensed psychotherapist will be considered privileged.

2. An interview or session with a licensed psychotherapist may take place prior to the member providing a formal interview or report. However, the involved members shall not be permitted to consult or meet collectively or in a group with a licensed psychotherapist prior to providing a formal interview or report.

(f) The Officer(s) should have a certified peer-support person of their choice, who was not directly involved in the incident, available to assist them. This person's only responsibility is to provide the Officer(s) with companionship, support, and tend to your needs (food, drink, etc.). Remember that peer-support conversations MAY or MAY NOT be legally privileged based on AL Code § 36-21-14 (2019).

Care should be taken to preserve the integrity of any physical evidence present on the involved officer's equipment or clothing, such as blood or fingerprints until investigators or lab personnel can properly retrieve it.

Each involved LPD officer may be given reasonable paid administrative leave following an officer-involved shooting or death. It shall be the responsibility of the Watch Commander to make schedule adjustments to accommodate such leave.

It is important to understand that the involved officer(s) do not have to be formally cleared by the District Attorney before returning to work. When the involved officer(s) return is between them and the Chief of Police. Some officers are anxious to get back to work, while others need more time.

The involved officer(s) may or may not be require you to undergo a Fitness for Duty psychological exam before returning to work.

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305.6 CRIMINAL INVESTIGATION

Because of the gravity of this investigation, it takes a considerable amount of time. It is not uncommon for the investigation to take two to three months to complete.

The investigation covers three areas. The first is the criminal aspect. The District Attorney is responsible for determining whether the shooting was justified per Alabama Code Sections 13A-3-23 to 13A-3-27. After completing the investigation, the Investigators will submit the investigative findings to, dependent on the county in which it occurs, the Clay County District Attorney. The District Attorney is then charged and authorized per Alabama Code Sections 13A-3-23 to 13A-3-27 to determine whether the decedent died by unlawful means and if criminal prosecution should be instituted. The District Attorney reviews the investigation, may decide to set the case before a Grand Jury for review, and/or may write a letter stating his findings and sends it to the involved officer and his/her agency head.

The Clay County District Attorney's Office is responsible for the criminal investigation into the circumstances of any LPD officer-involved shooting involving injury or death, depending on the county in which the event occurred.

If available, investigative personnel from this department may be assigned to partner with investigators from outside agencies or the Clay County District Attorney's Office to avoid duplicating efforts in related criminal investigations.

Once public safety issues have been addressed, criminal investigators should be given the opportunity to obtain a voluntary statement from involved officers and to complete their interviews. The following shall be considered for the involved officer:

(a) LPD supervisors and Professional Standards personnel should not participate directly in any voluntary interview of LPD officers. This will not prohibit such personnel from monitoring interviews or providing the criminal investigators with topics for inquiry.

(b) If requested, any involved officer will be afforded the opportunity to consult individually with a representative of his/her choosing or an attorney prior to speaking with criminal investigators. However, in order to maintain the integrity of each involved officer's statement, he/she shall not consult or meet with a representative or an attorney collectively or in groups prior to being interviewed.

(c) The Officer(s) involved will need to wait at least 24 hours or up to 72 hours after the incident to be interviewed. If any involved officer is physically, emotionally, or otherwise not in a position to provide a voluntary statement when interviewed by criminal investigators, consideration should be given to allowing a reasonable period for the officer to schedule an alternate time for the interview.

(d) Any voluntary statement provided by an involved officer will be made available for inclusion in any related investigation including administrative investigations. However, no administratively coerced statement will be provided to any criminal investigators unless the officer consents.

(e) Because your clothing may contain evidence and/or may have important police identifiers, CID Investigators will photograph you (front, back, and both sides) in the clothes you were wearing at the time of the incident. Therefore, it is critical that you do not change out of your clothes prior to being photographed.

(f) Investigating agency Investigators and/or Investigators with the JSU Center for Applied Forensics will collect your Duty Belt and accessories after you have been photographed to determine if they have evidentiary value. Investigators will also collect your magazines to assist in determining how many shots were fired from your weapon. Investigating agency Investigators and/or the JSU Center for Applied Forensics may retain these items in evidence until a District Attorney releases them.

(g) Because your clothing may contain evidence, it is possible that Investigators will need to collect your clothes. Arrangements will need to be made for someone to bring you a change of clothes.

(h) Investigators may ask you to submit to a toxicology screening, which may include a blood draw and/or a urine sample. They may ask you to sign a waiver permitting the blood and/or urine collection. If you consent, Forensic Nursing Services will normally conduct the collection. The blood and/or urine samples would then be sent to the State Toxicology Lab for analysis.

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305.6.1 REPORTS BY INVOLVED LPD OFFICERS

In the event that suspects remain outstanding or subject to prosecution for related offenses, this department shall retain the authority to require involved LPD officers to provide sufficient information for related criminal reports to facilitate the apprehension and prosecution of those individuals.

While the involved LPD officer should not write the report, such reports should be completed by assigned investigators, who should interview all involved officers as victims/witnesses. When this report is complete, the Officer will have the opportunity to review and sign off on the report. Since the purpose of these reports will be to facilitate criminal prosecution, statements of involved officers should focus on evidence to establish the elements of criminal activities by suspects. Care should be taken not to duplicate information provided by involved officers in other reports.

Nothing in this section shall be construed to deprive an involved LPD officer of the right to consult with legal counsel prior to completing any such criminal report.

Reports related to the prosecution of criminal suspects will be processed according to normal procedures, but should also be included for reference in the investigation of the officer-involved shooting or death.

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305.6.2 WITNESS IDENTIFICATION AND INTERVIEWS

Because potential witnesses to an officer-involved shooting or death may become unavailable or the integrity of their statements compromised with the passage of time, a supervisor should take reasonable steps to promptly coordinate with criminal investigators to utilize available law enforcement personnel for the following:

(a) Identification of all persons present at the scene and in the immediate area.

1. When feasible, a recorded statement should be obtained from those persons who claim not to have witnessed the incident but who were present at the time it occurred.

2. Any potential witness who is unwilling or unable to remain available for a formal interview should not be detained absent reasonable suspicion to detain or probable cause to arrest. Without detaining the individual for the sole purpose of identification, attempts to identify the witness prior to his/her departure should be made whenever feasible.

(b) Witnesses who are willing to provide a formal interview should be asked to meet at a suitable location where criminal investigators may obtain a recorded statement. Such witnesses, if willing, may be transported by a member of the Department.

1. A written, verbal or recorded statement of consent should be obtained prior to transporting a witness. When the witness is a minor, consent should be obtained from the parent or guardian, if available, prior to transportation.

(c) Promptly contacting the suspect’s known family and associates to obtain any available and untainted background information about the suspect’s activities and state of mind prior to the incident.

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305.6.3 INVESTIGATIVE PERSONNEL

Once notified of an officer-involved shooting or death, it shall be the responsibility of the designated Criminal Investigations Division supervisor to assign appropriate investigative personnel to handle the investigation of related crimes. Criminal Investigations investigators will be assigned to work with investigators from the Clay County District Attorney's Office and may be assigned to separately handle the investigation of any related crimes not being investigated by the Clay County District Attorney's Office.

All related department reports, except administrative and/or privileged reports, will be forwarded to the designated Criminal Investigations Division supervisor for approval. Privileged reports shall be maintained exclusively by members who are authorized such access. Administrative reports will be forwarded to the Chief of Police or his or her designee.

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305.7 ADMINISTRATIVE INVESTIGATION

In addition to all other investigations associated with an officer-involved shooting or death, this department will conduct an internal administrative investigation of involved LPD officers to determine conformance with department policy. This investigation will be conducted under the supervision of the Professional Standards and will be considered a confidential officer personnel file.

Interviews of members shall be subject to department policies and applicable laws.

(a) Any officer involved in a shooting or death may be requested or administratively compelled to provide a blood sample for alcohol/drug screening. Absent consent from the officer, such compelled samples and the results of any such testing shall not be disclosed to any criminal investigative agency.

(b) If any officer has voluntarily elected to provide a statement to criminal investigators, the assigned administrative investigator should review that statement before proceeding with any further interview of that involved officer.

1. If a further interview of the officer is deemed necessary to determine policy compliance, care should be taken to limit the inquiry to new areas with minimal, if any, duplication of questions addressed in the voluntary statement. The involved officer shall be provided with a copy of his/her prior statement before proceeding with any subsequent interviews.

(c) In the event that an involved officer has elected not to provide criminal investigators with a voluntary statement, the assigned administrative investigator shall conduct an administrative interview to determine all relevant information.

1. Although this interview should not be unreasonably delayed, care should be taken to ensure that the officer's physical and psychological needs have been addressed before commencing the interview.

2. If requested, the officer shall have the opportunity to select an uninvolved representative to be present during the interview. However, in order to maintain the integrity of each individual officer's statement, involved officers shall not consult or meet with a representative collectively or in groups prior to being interviewed.

3. Administrative interviews should be recorded by the investigator.

4. The officer shall be informed of the nature of the investigation. If an officer refuses to answer questions, he/she should be given his/her Garrity rights and ordered to provide full and truthful answers to all questions. The officer shall be informed that the interview will be for administrative purposes only and that the statement cannot be used criminally.

5. The Professional Standards shall compile all relevant information and reports necessary for the Department to determine compliance with applicable policies.

6. Regardless of whether the use of force is an issue in the case, the completed administrative investigation shall be submitted to the Use of Force Review Board, which will restrict its findings to whether there was compliance with the Use of Force Policy.

7. Any other indications of potential policy violations shall be determined in accordance with standard disciplinary procedures.

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305.8 CIVIL LIABILITY RESPONSE

A member of this department may be assigned to work exclusively under the direction of the legal counsel for the Department to assist in the preparation of materials deemed necessary in anticipation of potential civil litigation.

All materials generated in this capacity shall be considered attorney work product and may not be used for any other purpose. The civil liability response is not intended to interfere with any other investigation, but shall be given reasonable access to all other investigations.

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305.9 AUDIO AND VIDEO RECORDINGS

Officer(s) involved in a shooting or death are encouraged to review available Mobile Audio/Video (MAV), Body-Worn Camera (BWC) video, or other video or audio recordings prior to providing a recorded formal interview statement.

Upon request, non-law enforcement witnesses who are able to verify their presence and their ability to contemporaneously perceive events at the scene of an incident may also be permitted to review available MAV, Body-Worn Camera (BWC) video, or other video or audio recordings with the approval of assigned investigators or a supervisor.

Any MAV, Body-Worn Camera (BWC) video, and other known video or audio recordings of an incident should not be publicly released during an ongoing investigation without consulting the prosecuting attorney or City Attorney's Office, as appropriate.

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305.10 DEBRIEFING

Following an officer-involved shooting or death, the Police Department should conduct both a critical incident stress debriefing and a tactical debriefing.

Research shows that an officer's memory will often be enhanced by doing a scene walk-through. Thus, it can be advantageous for the Officer to return to and walk through the scene prior to their formal interview. This walk-through should be done on the officer's own or preferably, with his/her attorney.

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305.10.1 CRITICAL INCIDENT STRESS DEBRIEFING

A critical incident stress debriefing should occur as soon as practicable. Notes and recorded statements should not be taken because the sole purpose of the debriefing is to help mitigate the stress-related effects of a traumatic event.

The debriefing is not part of any investigative process. Care should be taken not to release or repeat any communication made during a debriefing unless otherwise authorized by policy, law, or a valid court order.

Attendance at the debriefing shall only include those members of the Department directly involved in the incident, which can include support personnel (e.g., communications officers, Support Staff personnel). Family or other support personnel may attend with the concurrence of those involved in the incident. The debriefing shall be closed to the public and should be closed to all other members of the Department, including supervisory and Professional Standards personnel.

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305.10.2 TACTICAL DEBRIEFING

A tactical debriefing should take place to identify any training or areas of policy that need improvement. The Chief of Police should identify the appropriate participants. This debriefing should not be conducted until all involved members have provided recorded or formal statements to the criminal and/or administrative investigators.

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305.11 MEDIA RELATIONS

Any media release shall be prepared with input and concurrence from the supervisor and the department representative responsible for each phase of the investigation. Releases will be available to the Chief of Police or his or her designee in the event of inquiries from the media.

All information to be released to the public and/or media must be APPROVED by the Chief of Police.

NO EMPLOYEE or SWORN LPD OFFICER SHALL MAKE any comment to the media or on social media unless he/she is authorized by the Chief of Police.

Department members receiving inquiries regarding officer-involved shootings or deaths occurring in other jurisdictions shall refrain from public comment and will direct those inquiries to the agency having jurisdiction and primary responsibility for the investigation.

These policies and operating procedures are not designed to cover every possible scenario or situation in society, but rather to define standard operating procedures for members of the Police Department. These guidelines are subject to past, present and future judicial review. These guidelines can be amended and or repealed by the Chief of Police as necessary. The policies and procedures herein provided supersede all previous policies and orders.

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