Skip navigation
CLN bookstore

San Francisco Pd Officer Involved Shooting Study 2010

Download original document:
Brief thumbnail
This text is machine-read, and may contain errors. Check the original document to verify accuracy.
San Francisco Police Department
George Gascón, Chief of Police

Officer-Involved Shootings
A Five-Year Study

January 20, 2010

There is no greater responsibility
placed on members of
law enforcement
than the authority to use
lethal force in the line of duty.

Page ii

San Francisco Police Department

Officer Involved Shooting Study

Table of Contents
SECTION

PAGE

1

EXECUTIVE SUMMARY ................................................................................................................................... 1

2

INTRODUCTION .............................................................................................................................................. 3

3

SHOOTINGS, DATA & IMPLICATIONS .............................................................................................................. 5
3.1
DEFINITIONS AND SCOPE ......................................................................................................................................5
SCOPE ..............................................................................................................................................................6
3.2
CHARACTERISTICS OF THE 15 OFFICER-INVOLVED SHOOTING INCIDENTS ........................................................................6
3.3
Overall Perspective ................................................................................................................................6
3.3.1
Multi-City Statistics ................................................................................................................................7
3.3.2
City and County of San Francisco Statistics ............................................................................................9
3.3.3
San Francisco Police Department...........................................................................................................9
3.3.4
Calls for Service ......................................................................................................................................9
3.3.5
Arrests ..................................................................................................................................................10
3.3.6
Firearms Seized ....................................................................................................................................10
3.3.7
DEMOGRAPHICS OF THE SUBJECTS INVOLVED .........................................................................................................11
3.4
Race, Ethnicity and Age of Subjects .....................................................................................................11
3.4.1
Criminal History Profiles .......................................................................................................................11
3.4.2
Misdemeanor Arrest History of Subjects..............................................................................................11
3.4.3
Supervised Release Status....................................................................................................................12
3.4.4
Three-Strikes Status .............................................................................................................................13
3.4.5
Wanted Status .....................................................................................................................................13
3.4.6
POLICE ENCOUNTERS WITH INDIVIDUALS WITH MENTAL ILLNESS ................................................................................13
3.5
“Suicide by Cop” ...................................................................................................................................14
3.5.1
Mental Health Detentions of Subjects .................................................................................................15
3.5.2
FORENSIC TOXICOLOGY REVIEW...........................................................................................................................17
3.6
DEPARTMENT DEMOGRAPHICS ............................................................................................................................21
3.7
INVOLVED OFFICER CHARACTERISTICS ...................................................................................................................21
3.8
Race, Ethnicity, Gender ........................................................................................................................22
3.8.1
Officer Age ...........................................................................................................................................22
3.8.2
Officer Tenure ......................................................................................................................................23
3.8.3
Officer Status, Assignment ...................................................................................................................23
3.8.4
Prior Military Experience ......................................................................................................................23
3.8.5
Early Intervention System (EIS) Indicators ...........................................................................................24
3.8.6
THREAT ENVIRONMENT .....................................................................................................................................25
3.9
Threats Posed & Weapons Used at Time of Shooting..........................................................................26
3.9.1
3.10 SHOOTINGS BY POLICE DISTRICT & TIME OF DAY ....................................................................................................27
3.10.1 Shootings by District ............................................................................................................................27
3.10.2 Shootings by Time of Day.....................................................................................................................28
3.10.3 Shootings by Police District and Time of Day .......................................................................................28
3.10.4 Environmental Factors .........................................................................................................................28
3.10.5 Initial Incident Type & Dispatched or On View.....................................................................................30
3.10.6 Time from Arrival to Shooting ..............................................................................................................31
3.10.7 Shooting Distance from Officer to Subject ...........................................................................................31
3.11 USE OF FORCE PROGRESSION & TIME PRIOR TO SHOOTING ......................................................................................32
3.11.1 Hierarchy of Force Policy......................................................................................................................32
3.11.2 Use of Force Progression ......................................................................................................................32
3.12 LESS LETHAL OPTIONS .......................................................................................................................................33
3.12.1 Action Taken ........................................................................................................................................33
Page iii

San Francisco Police Department

Officer Involved Shooting Study

Table of Contents
SECTION

PAGE

3.12.2 Basis for Action Taken ..........................................................................................................................33
3.12.3 Method of Implementation..................................................................................................................34
3.12.4 Implemented Change: Standardized Use of Force Form ......................................................................34
3.12.5 OCC Recommendation: ERIW Weapons...............................................................................................36
3.13 USE OF VEHICLES AS WEAPONS BY SUBJECTS .........................................................................................................37
3.13.1 Policy ....................................................................................................................................................37
3.13.2 Analysis of Vehicle Threat Options.......................................................................................................37
3.13.3 Action Taken ........................................................................................................................................38
3.14 IMPLEMENTED CHANGE: PROHIBIT SHOOTING AT MOVING VEHICLES .........................................................................38
3.14.1 Action Taken ........................................................................................................................................38
4

SELECTION & TRAINING OF OFFICERS ........................................................................................................... 40
4.1
ACADEMY........................................................................................................................................................40
SFPD vs. POST minimum training standards ........................................................................................40
4.1.1
Implemented Change: Mandatory Training for all Members for Dealing with Persons in Distress .....41
4.1.2
Implemented Change: Mandatory 40-hour Crisis Intervention Training (CIT) for all First Responders
4.1.3
and Field Supervisors ...........................................................................................................................................42
OCC Recommendation .........................................................................................................................43
4.1.4
Supervision & Management Training ..................................................................................................44
4.1.5
Implemented Change: OIS Training for Supervisors at OIS Scenes ......................................................45
4.1.6
Implemented Change: Training for Building Searches .........................................................................45
4.1.7

5

CONTROLLING THE SCENE OF AN OFFICER INVOLVED SHOOTING ................................................................ 47
5.1
IMPLEMENTED CHANGE: PUBLIC SAFETY STATEMENTS .............................................................................................47
Action Taken ........................................................................................................................................47
5.1.1
Basis for Action Taken ..........................................................................................................................47
5.1.2
Method of Implementation..................................................................................................................47
5.1.3
IMPLEMENTED CHANGE: SUPERVISORY RESPONSE TO OFFICER-INVOLVED SHOOTING SCENES .........................................48
5.2
Action Taken ........................................................................................................................................48
5.2.1
Basis for Action Taken ..........................................................................................................................48
5.2.2
Method for Implementation ................................................................................................................48
5.2.3

6

INVESTIGATION PROCEDURES ...................................................................................................................... 50
6.1
OFFICER INVOLVED SHOOTING INVESTIGATION PROCEDURES.....................................................................................50
Current Practice ...................................................................................................................................50
6.1.1
Activities Following an Officer Involved Shooting ................................................................................52
6.1.2
RECOMMENDATIONS .........................................................................................................................................62
6.2
Implemented Change: Homicide Detail Team Member to Confer with Officer Making Initial Report 62
6.2.1
Implemented Change: Minimum Standard for OIS Investigators ........................................................63
6.2.2
Implemented Change: Chain of Custody for OIS Firearms ...................................................................63
6.2.3
Implemented Change: Forty-Eight Hour Incident Review ....................................................................65
6.2.4
Implemented Change: Standardized OIS Numbering System ..............................................................66
6.2.5
Implemented Change: Standardized Case Files for OIS Cases .............................................................67
6.2.6
Implemented Change: Proper Interview Facility ..................................................................................68
6.2.7
Implemented Change: Designated Waiting Areas ...............................................................................69
6.2.8
OCC Recommendation: Department Liaison to Families .....................................................................70
6.2.9
6.2.10 OCC Recommendation: LEP Training for Officers and OIS Investigators..............................................71

7

POST-INCIDENT PROCEDURES ...................................................................................................................... 72
7.1

RECOMMENDATIONS .........................................................................................................................................72
Page iv

San Francisco Police Department

Officer Involved Shooting Study

Table of Contents
SECTION

7.1.1
7.1.2
7.1.3
8

PAGE

Implemented Change: Reassignment of Officers to BSU .....................................................................72
Implemented Change: Twenty-Four Hour Briefing by Chief of Police ..................................................72
Implemented Change: SFPD Notification to DPH Following OIS ..........................................................73

DEFINITIONAL CHANGE IN OFFICER-INVOLVED SHOOTINGS AND OFFICER-INVOLVED DISCHARGES ............ 75
8.1
WORKLOAD IMPACT OF OIS-OID DEFINITION CHANGE ...........................................................................................75
Officer-Involved Shooting Protocol Changes........................................................................................75
8.1.1
Old Protocol .........................................................................................................................................75
8.1.2
New Protocol........................................................................................................................................75
8.1.3

9

APPENDIX..................................................................................................................................................... 76
9.1
DEPARTMENT DEMOGRAPHICS (DETAIL) ................................................................................................................76
OIS TIMELINE ..................................................................................................................................................77
9.2
OIS INVESTIGATIVE UNITS, PROFILES, AND ROLES ...................................................................................................78
9.3
Participants ..........................................................................................................................................78
9.3.1
Investigative Entities, Profile & Role ....................................................................................................79
9.3.2
SFPD WRITTEN DIRECTIVES ...............................................................................................................................97
9.4
Dept. General Order 3.10, “Firearms Discharge Review Board” ..........................................................97
9.4.1
Dept. General Order 3.19, “Early Intervention System” .....................................................................101
9.4.2
9.4.3
Dept. General Order 5.01, “Use of Force” ..........................................................................................111
Dept. General Order 5.02, “Firearms”................................................................................................122
9.4.4
Dept. General Order 5.05, “Response and Pursuit Driving” ...............................................................125
9.4.5
Dept. General Order 5.20, “Language Access Services for Limited English Proficient Persons” ........137
9.4.6
Dept. General Order 6.14, “Psychological Evaluation of Adults” .......................................................143
9.4.7
Dept. General Order 7.02, “Psychological Evaluation of Juveniles” ...................................................150
9.4.8
Dept. General Order 8.02, “Hostage and Barricaded Suspect Incidents” ..........................................155
9.4.9
9.4.10 Dept. General Order 8.11, “Investigation of Officer Involved Shootings and Discharges” ................159
9.4.11 Dept. General Order 8.12, “In-Custody Deaths” ................................................................................166
9.4.12 Dept. Bulletin 09-239, “Protocol Changes Related to DGO 8.11” ......................................................173
9.4.13 Dept. Bulletin 09-266, “Extended Range Impact Weapon Guide Sheet” ...........................................174

Page v

Officer-Involved Shooting Study

San Francisco Police Department

Study Contributors and Subject Matter Experts
Assistant Chief Morris Tabak ....................... Administrative Services Bureau
Captain John Hennessey ............................. Investigations Bureau (retired)
Lieutenant John Geraty................................ Staff Services Division
Lieutenant Neville Gittens ............................ Planning Division
Lieutenant Heinz Hofmann........................... Crime Scene Investigations
Lieutenant Dan Mahoney ............................. Legal Division
Lieutenant Donna Meixner ........................... Crime Scene Investigations
Lieutenant Robert Moser ............................. Management Control Division
Lieutenant Lyn Tomioka............................... Media Relations Office
Lieutenant Michael F. Stasko ....................... Homicide Detail
Sergeant George Carrington ........................ Police Range Master
Sergeant Mary Dunnigan ............................. Behavioral Sciences Unit
Sergeant Tom Feledy .................................. Support Services
Sergeant Jennifer Jackson........................... Management Control Division
Sergeant Mike Nevin ................................... Management Control Division
Sergeant Kirk Tomioka ................................ Police Academy
Sergeant Dennis Quinn................................ Police Academy
Inspector Antonio L. Casillas........................ Homicide Detail
Inspector Herman Jones.............................. Homicide Detail
Inspector Gavin McEachern ......................... S.F. Police Officers Association
Inspector Holly Pera .................................... Homicide Detail
Inspector Joseph Toomey............................ Homicide Detail
Officer John Crudo ...................................... Administrative Services Bureau
Officer Kelly Dunn........................................ Psychiatric Liaison Unit
Officer Philip Helmer.................................... Police Academy
Officer Sandy Ganster ................................. Crime Scene Investigations
Chief David Pfeifer, Esq............................... Special Operations Division, Office of the D.A.
Chief James Crisolo..................................... Office of the District Attorney, Investigations
Dr. Nikolas Lemos ....................................... Chief of Toxicology, San Francisco Medical Examiner
Dr. Elizabeth Murphy ................................... SFPD Police Physician
Joyce M. Hicks, Esq. ................................... Executive Director, Office of Citizen Complaints
Chief Charles Gallman................................. Chief Investigator, Office of Citizen Complaints
Samara Marion, Esq. ................................... Policy Director, Office of Citizen Complaints
Vincent Pan................................................. San Francisco Police Commissioner
Alice Villagomez .......................................... Director, SFPD Human Resources
Jerry Tidwell, Esq. ....................................... Director, Risk Management Division
Dr. Cydne Holt............................................. Director, Forensics Services Division
James Mudge............................................. Manager, Forensic Services Division
John Sanchez ............................................. Supervising Criminalist, Forensic Services Division
Dr. Emily A. Keram, M.D.............................. Faculty, Psychiatry and the Law, UCSF Med. School

Page vi

San Francisco Police Department

Officer-Involved Shooting Study

1 Executive Summary
This study examines SFPD procedures followed in officer-involved shootings (OIS) for a fiveyear period, from 1/1/2005 to 8/27/2009.

Data. The study data consists of 15 incidents where 26 SFPD officers discharged their
firearms, resulting in the injury or death of 15 subjects. Additional shootings that met the OIS
definition involving non-SFPD officers in San Francisco, or cases where indeterminate injuries
occurred not attributable to police firearms, were not analyzed in this study. On 8/28/2009,
department policy redefined an OIS to include intentional discharges with or without injury, or
death to a person. To maintain consistency with respect to the “process”, only the OIS’s under
the old definitions were studied.
Method. The study was performed by round-table interviews of subject matter experts (SME’s)
across the department and in other municipal agencies who participate in OIS investigations,
such as District Attorney, Medical Examiner, and Office of Citizen Complaints. Interviews were
followed up by additional questionnaires. Homicide Detail and Management Control Division
(MCD) were provided an 8-page detailed worksheet which they completed by review of their
case files for the 15 OIS’s involved.
Policy. All 15 OIS’s in this study were found to be within policy by the department’s Firearms
Discharge Review Board.

Results. A review of the data gathered during this study leads to the following observations recommendations follow in the body of the report.

1. Less Lethal. A number of shootings were identified where circumstances indicated that a
less lethal option other than Extended Range Impact Weapon (ERIW) may have been a
viable alternative to the use of deadly force.
2. Firing at Moving Vehicles. Three of the shootings studied involved moving vehicles.
Shooting at vehicles produces poor results and high risk. Other major police departments
have policies that prohibit this practice.
3. Mental Health Issues. Five of the shootings had strong indication of mental health issues
being a contributing factor. Not all sworn members have received the 40-hour Police Crisis
Intervention Training (CIT), which has been proven effective in enhancing officer safety and
in dealing with persons in crisis.
4. Post-Event Scene Management. Crime-scene management following an OIS sometimes
lacked consistency and adequate command and control. A response by a commissioned
officer and the utilization of Incident Command System (ICS) procedures was not
mandatory.
5. Investigations. Although comprehensive, investigations were not prepared and presented
in a standardized format. Homicide Detail and MCD did not maintain a uniformed
numbering system that tracked the same OIS case. The current interview facilities cannot
adequately accommodate the number of persons necessary to be present during these
interviews.
1

San Francisco Police Department

Officer-Involved Shooting Study

6. Workload. The recent change in definition requiring most officer involved discharges (OID’s)
to be investigated as officer involved shootings (OIS’s) will require a reassessment of the
staffing needs at Management Control Division (MCD,) Homicide, and Crime Scene
Investigations (CSI.)
7. Public Information. As a practice, the Chief of Police or designee did not make a 24-hour
statement to the media following an OIS, even though this has been proven effective in
other jurisdictions in reducing public concern and the reporting of inaccurate information.
8. Language. Although language was not determined to be an impediment in the cases
covered by this study, the diversity of San Francisco’s population has presented language
issues in the past and will again in the future. The Office of Citizen Complaints (OCC) has
advocated for the implementation of the Language Efficiency Program to address this issue
department-wide. The Department and OCC are currently working on implementing the
provisions of this program in compliance with Department General Order (DGO) 5.20.
9. Community. No protocol currently exists for the notification of any entity to provide mental
health assistance to community members impacted in the aftermath of an OIS.
10. Employee Assistance. The Behavioral Science Unit coordinates and provides employee
assistance to members involved in an OIS; it also provides the same assistance to other
members involved in the incident even though they may not have discharged their firearm.
This support is provided immediately and includes a mandatory debriefing of the involved
members within 72-hours of the incident whenever possible. Currently there is no set
protocol in place that monitors members for ongoing negative effects of incident trauma over
a longer period of time.

2

San Francisco Police Department

Officer-Involved Shooting Study

2 Introduction
On August 7, 2009, George Gascón was sworn in as San Francisco's thirty-ninth Chief of
Police. Prior to this, he had served as Chief of Police in Mesa, Arizona for three years after
serving over twenty-eight years with the Los Angeles Police Department and retiring as an
Assistant Chief of Police.
Chief Gascón is very familiar with the sensitive issues surrounding an officer-involved shooting.
Being that he had no historical perspective of officer-involved shootings in San Francisco, or the
process by which this department investigated and reported these cases, Chief Gascón directed
me to conduct a comprehensive review of the process used to investigate officer-involved
shootings by San Francisco Police Department members for the preceding five years. The
department’s definition of an officer-involved shooting changed effective August 28, 2009.
Therefore, the time period used for this study is from January 1, 2005 to August 27, 2009.
The Vision Statement of the San Francisco Police Department has two paragraphs that are
particularly relevant to the study directed by Chief Gascón. The second paragraph of the San
Francisco Police Department's Vision Statement reads:
San Francisco has an international reputation for its commitment to human values:
compassion, fairness, diversity, human rights, and justice. These values must be at the
forefront of the SFPD as it fulfills its public safety mission.
The fifth paragraph of this Vision Statement reads:
The Police Department strives to maintain the trust of San Francisco community
members by actively engaging with the neighborhoods it serves. The Police Department
seeks to make its policies and operations as open as possible. When there are
complaints involving the police department, both the public and the police are best
served by a system of accountability that is expeditious and fair to all involved.
These two segments of the Vision Statement are fundamental to the trust that the police
department must maintain with the community it serves. There is no single issue that pulls at the
delicate fabric of this sometimes tenuous relationship more than the exercise of force, especially
deadly force, by members of law enforcement against the members of the community that it
serves.
With this vision statement in mind, and its emphasis on accountability, this formal study, the first
directed by any San Francisco Chief of Police in recent history was undertaken. This report
reviews all fifteen cases in a five-year period in which San Francisco police officers discharged
a firearm in the performance of their duties that resulted in an injury to, or the death of a person.
This study was undertaken with the participation and input of every department unit, municipal
government agency and other entities that have involvement in officer-involved shooting
investigations.
This report is not meant to be an analytical review of the propriety of any of these shootings.
The focus of this report was to analyze the demographics of the fifteen shooting cases and
examine the current investigative process. The purpose of this analysis was to evaluate the
effectiveness of existing department policies and procedures and determine their impact upon
the decision-making process prior to, during, and after the shooting incident.
This report describes the process of investigating these cases from beginning to end. It explains
the interaction between the department, the member involved, and the impacted family following
3

San Francisco Police Department

Officer-Involved Shooting Study

the event. It identifies the demographics of department personnel involved, and the array of
training provided to recruits in the basic academy. It also describes the circumstances
surrounding the incidents, as well as aggregate profiles of the subjects involved.
The first draft of this report made several recommendations. Some of these recommendations
emanated as a result of the study itself, while other recommendations were put forward
independently by participating organizations. Upon reading the draft of this study, Chief Gascón
directed the implementation of many of the recommendations. Those cases will be represented
as Implemented Changes. The remaining cases will represented as Recommendations.
All implemented changes or recommendations are made in the spirit of providing better
guidance to department members and a more uniform, accountable and transparent process for
investigating and formally reporting these cases.
- Morris Tabak, Assistant Chief of Police

4

San Francisco Police Department

Officer-Involved Shooting Study

3 Shootings, Data & Implications
3.1

Definitions and Scope

Prior to the tenure of Chief of Police George Gascón, Department General Order 8.11 defined
shootings and discharges as follows:
Officer-involved shooting: An officer’s discharge of a firearm that results in the
physical injury or death of a person, even if it is an accidental discharge.
Officer-involved discharge: An officer’s discharge of a firearm that does not
cause injury or death to a person. Shooting at, injuring, or killing animals also
falls into this category, as does accidental discharge without injury.
On August 28, 2009, Department Bulletin 09-239 was issued, changing the definition of
shootings as follows:
Officer-involved shooting: An officer’s intentional discharge of a firearm,
intended to stop a threat, with or without physical injury or the death of a person,
or a negligent discharge that results in physical injury or the death of a person.
For the purpose of this study, we are analyzing those shootings that occurred from January 1,
2005 through August 27, 2009. The reason for segregating the data in this manner is because
an officer-involved shooting by the old definition (resulting in injury or death) mandated:
•
•

An immediate formal criminal investigation by the San Francisco Police Department
Homicide Detail and the Office of the District Attorney when occurring within the City
and County of San Francisco,
An immediate response for the purpose of conducting an administrative
investigation by the Management Control Division whether or not they occurred
within the City and County,

The investigation of officer-involved discharges using the old definition (does not cause injury or
death) even though intentional, was conducted by the Commanding Officer of the member
involved. These investigations were far less involved, less standardized, and did not utilize the
full spectrum of resources available to the personnel conducting the investigation - therefore the
decision was made to base this analysis only on those cases that fell under the old definition of
officer-involved shootings so we could analyze the “same process” from beginning to end.
During the timelines for this study, the San Francisco Police Department investigated twentyfour officer-involved shootings. Of these twenty-four shootings, five involved outside law
enforcement agencies.
•
•
•
•
•

04/09/2005
05/15/2005
05/25/2005
03/23/2006
06/01/2007

Golden Gate Bridge Police
Oakland Police Department
Colma Police Department
California Highway Patrol
Federal Bureau of Investigation

Since these involved non-SFPD members, these five shootings were eliminated from our study
because they involved a different process and they provided no data regarding the hiring,
training, supervision, or policies of the San Francisco Police Department.
5

San Francisco Police Department

Officer-Involved Shooting Study

An additional four shootings were removed from the study, even though they involved San
Francisco Police Department personnel.
These shootings involved subjects who were either not injured, or who sustained injuries prior
to, or during the shooting event, however the injuries could not be attributed to police gun fire.
These cases were originally investigated as officer-involved shootings out of an abundance of
caution, however due to the indeterminate cause of the injuries involved they did not fit the
criteria of this study.
The data and charts produced in this report will be reflective of the remaining 15 officer-involved
shootings by 26 members of the San Francisco Police Department that resulted in injury or
death to members of the public unless otherwise specified.
In two of the incidents, more than one subject was present. For the purposes of this study, only
the principal subject, i.e., the one who was injured or killed by the shooting was considered.

3.2

Scope

The scope of this study was requested as “the last five years.” Because of the definitional
change of OIS on August 28, 2009, the scope was modified slightly with the Chief’s approval to
the following:
January 1, 2005 to August 27, 2009

3.3
3.3.1

Characteristics of the 15 Officer-Involved Shooting Incidents
Overall Perspective

In order to appreciate the information put forth in this report and to provide the proper context in
which to consider this raw data, it is necessary to provide the reader with some basic facts and
information relevant to this discussion. As the reader considers the raw data of those incidents
in which SFPD employed deadly force in the performance of their duties that resulted in injury or
death to a person, they should juxtapose this information against the backdrop of the
complicated environment in which this data was produced.

6

San Francisco Police Department

3.3.2

Officer-Involved Shooting Study

Multi-City Statistics

In assessing the data for SFPD, it is useful to view aggregate data from other cities of similar
size and composition. For the following charts, the same cities were selected as those utilized in
the recent PERF report.

3.3.2.1 Shootings per Population 1
Shootings per 1M Population (5-yr Avg.)

32
28
Austin
Baltimore
Boston
Dallas
LAPD
Long Beach
Oakland
Portland
San Antonio
San Diego
San Jose
Seattle
SFPD

24
20
16
12
8
4

Ba

Au

st
in
ltim
or
e
Bo
st
on
D
al
la
s
LA
Lo
P
ng
D
Be
ac
h
O
ak
la
n
Po d
Sa rtla
n
n
An d
to
S a ni
o
n
Di
eg
Sa
o
n
Jo
se
Se
at
tle
SF
PD

0

3.3.2.2 Officers per Population 2

Officers per 1K Population (5-yr Avg.)

5

Austin
Baltimore
Boston
Dallas
LAPD
Long Beach
Oakland
Portland
San Antonio
San Diego
San Jose
Seattle
SFPD

4

3

2

1

Au

Ba sti
ltim n
or
Bo e
st
on
D
al
la
s
Lo LA
P
ng
D
Be
a
O ch
ak
la
P nd
Sa ortl
n and
An
S a t on
n io
Di
S a ego
n
Jo
s
Se e
at
tle
SF
PD

0

1
2

Source: Email survey to each city police department, data requested for period 1/1/2005 to 8/27/2009.
Ibid.
7

San Francisco Police Department

Officer-Involved Shooting Study

3.3.2.3 Officer Staffing – Annual Trends 3
5

Officers per 1K Population

4

Austin
Baltimore
Boston
Dallas
LAPD
Long Beach
Oakland
Portland
San Antonio
San Diego
San Jose
Seattle
SFPD

3

2

1

0

2005

2006

2007

2008

2009

3.3.2.4 OIS Annual Trends 4
60

OIS Per 1M Population

50
Austin
Baltimore
Boston
Dallas
LAPD
Long Beach
Oakland
Portland
San Antonio
San Diego
San Jose
Seattle
SFPD

40

30

20

10

0

3
4

2005

2006

2007

2008

2009

Source: Email survey to each city police department. San Antonio was unable to provide data for 2005-2006.
Ibid.
8

San Francisco Police Department

3.3.3

Officer-Involved Shooting Study

City and County of San Francisco Statistics
5

Population (2008) 808,976
6
Fourth most populous city in California
th
7
12 most populous city in the U.S
8
Land area of 46.7 square miles
Population density 17,323 per square mile

•
•
•
•
•

3.3.4

San Francisco Police Department
2,334 sworn personnel as of January 5, 2010

•

3.3.5

Calls for Service

During their working day, officers are in constant contact with the public. Many of their contacts
are minor and not documented in CAD (Computer-Assisted Dispatch). All significant public
contacts by patrol officers require a CAD entry. Such entries are often referred to as “Calls for
Service,” although many are not actually “calls” from the public. A significant portion of such
“calls” are officer-initiated activities, referred to as “on view.” Thus, the actual number of officer
to public contacts is greater than the numbers shown below.
The Calls for Service data below illustrates that for the period of this study, January 1, 2005 to
August 27, 2009, there were over six million documented contacts between members of the San
Francisco Police Department and the members of the public that we serve. Out of all of these
contacts, only fifteen resulted in our officers using deadly force, causing injury or death to a
member of the public. In other words, 1 in 408,000 documented contacts resulted in an officerinvolved shooting.
Officer
Activities9

2005

2006

2007

2008

2009

Total for
Study Period

Dispatch
Initiated

667,917

654,118

663,735

674,741

636,066

3,067,967

Officer
Initiated

566,796

606,313

693,800

719,187

951,945

3,052,035

Total

1,234,713

1,260,431

1,357,535

1,393,928

1,588,011

6,120,002

5

Source: U.S. Census Bureau, Population Division

6

Source: S.F. Chronicle, 3/19/2009

7

Source: Ibid.

8

Source: U.S. Census Bureau

9

Source: Dept. of Emergency Management
9

San Francisco Police Department

Officer-Involved Shooting Study

Arrests 10

3.3.6

During the normal course and scope of their duties, officers place individuals under arrest for
misdemeanor and felony crimes. Most arrests occur without incident; roughly only 1-in 10,000
involved the use of deadly force by officers.
Arrest Type

2006

2007

2008

Felony

17,681

17,314

17,176

18,282

12,702

Misdemeanor

14,042

15,038

15,282

13,445

9,946

31,723

32,352

32,458

31,727

22,648

Total

3.3.7

2009

11

2005

Firearms Seized

SFPD officers seized an average of 1,132 firearms annually from 2005 to 2009. Subjects who
use firearms for criminal purposes are prosecuted both locally and in coordination with Federal
authorities. Once their evidentiary value has been exhausted, seized firearms are destroyed to
prevent their reentry into the community.
1400

1200

133
125

1000

177

97

136

202

112

169
169

191

800

Shotgun
Rifle

600

400

Pistol
863

846

904
788

749

200

0
2005

2006

2007

2008

2009

10

Source: California Attorney General’s website

11

January to September data only. Preliminary data still being compiled by Attorney General and subject to change.
10

San Francisco Police Department

3.4

Officer-Involved Shooting Study

Demographics of the Subjects Involved

3.4.1

Race, Ethnicity and Age of Subjects
Subject

Number
in Group

Race

Gender

Black

Male

White

Age Range
Lowest Age

Highest Age

Average Age

8

19

46

32

Male

3

43

58

52

Hispanic

Male

2

17

37

27

Pacific Island

Male

1

37

37

37

White

Female

1

56

56

56

Total

15

3.4.2

Criminal History Profiles

Previous data indicates a great deal of intervention into known or suspected criminal activity by
the officers involved. The below table provides insight to the histories of the subjects involved.
All 15 subjects had prior arrest records, for an average of 12 misdemeanor and 15 felony
arrests each.

3.4.3

Misdemeanor Arrest History of Subjects
Number of
Subjects

Total
Arrests

3

0

1

2

1

3

1

5

1

7

3

8

2

21

1

25

1

36

1

72

Total: 15

179

Average Misdemeanor
Arrests per Subject

12

11

San Francisco Police Department

Officer-Involved Shooting Study

3.4.3.1 Felony Arrest History of Subjects
Number of
Subjects

Total
Arrests

1

1

2

2

2

3

1

5

1

6

1

7

1

13

1

14

1

19

1

23

1

28

1

48

1

54

Total: 15
Average
Felony
Arrests per
Subject

3.4.4

223

15

Supervised Release Status

Slightly less than an half of subjects were on felony probation at the time of the OIS. None were
on misdemeanor probation.

Probation
Status
Yes
No
Total

Number of
Subjects
7
8
15

12

San Francisco Police Department

3.4.5

Officer-Involved Shooting Study

Three-Strikes Status

California’s “three-strikes” law prescribes state imprisonment for a minimum term of 25 years
upon conviction of a third qualifying felony. One-third of the subjects were three-strikes eligible
at the time of the OIS.

3-Strikes
Eligible

Number
of
Subjects
5
10
15

Yes
No
Total

3.4.6

Wanted Status

Subjects with active warrants are more likely to attempt flight or resist their arrest by officers.
One-quarter of the subjects had an active felony or misdemeanor warrant at the time of the OIS.
Active
Warrant
Type
Felony
Misdemeanor
None
Total

3.5

Number
of
Subjects
3
1
11
15

Police Encounters with Individuals with Mental Illness

Subjects with mental health problems present special challenges for officers called to address
their illegal behavior. Five of the fifteen OIS’s involved subjects with indications of mental health
issues. In four of the OIS’s, indications were present suggesting possible “suicide by cop,” and
in these incidents the outcome was fatal.
#

Possible “Suicide by Cop” Indication
Prior to Shooting

Outcome

1

Subject told officers he would not to be
taken into custody alive and that plain
clothes officers would have to kill him

Fatal

2

Subject pointed replica firearm at armed
uniformed officer

Fatal

3

Subject told friend he was never going be
arrested again

Fatal

4

Subject made silent prayer and advanced
on armed uniformed officer with a knife

Fatal

13

San Francisco Police Department

3.5.1

Officer-Involved Shooting Study

“Suicide by Cop”

Dr. Emily Keram 12 has studied the phenomenon of suicide by cop and has identified some
common behaviors that precede this activity. Perhaps the most significant of these behaviors is
what she classifies as abnormally abnormal behavior. Dr. Keram believes such subjects are
bringing themselves to law enforcement’s attention in order to get law enforcement to shoot
them.
The largest study to date in the field of suicide by cop is the 1998 paper published by Hutson 13.
The study reviews all officer-involved shootings by the Los Angeles County Sheriff’s Office from
1987 through 1997. The requirements for a classification of suicide by cop were:
1) Evidence of suicidal intent
2) Evidence of wanting the officers to kill them
3) Possession of a lethal weapon or behavior consistent with being armed
4) Intentional behavior which provoked officers to employ deadly force
The study determined that 11% of the reviewed cases were suicide by cop. The study also
found that:
•
•
•
•
•
•

48% of the subjects possessed a genuine firearm
95% of those weapons were functional
77% of those weapons were loaded
In 15% of the cases the subject shot at the officers.
In 23% of the cases less than lethal weapons had been employed
In 3 cases officers were wounded

Dr. Keram has divided those who might employ suicide by cop into three categories:
1. Fleeing Felons. Are not suicidal and have no suicide by cop plan until they
unintentionally come to the attention of law enforcement.
a. A two striker in commission of third strike.
b. Statements such as “I am not going back to prison.”
2. Opportunists. These are “suicide in progress” calls in which a previously suicidal
subject develops the suicide by cop plan once they are aware law enforcement is
present, or responding.
3. Premeditators. They premeditate their suicide by cop, so they have to bring themselves
to law enforcement attention.

12

Dr. Emily A. Keram is a clinical and forensic psychiatrist. She is Board certified in Psychiatry and Neurology with
added Board Certification in Forensic Psychiatry. For the past seventeen years, she has conducted hundreds of civil
and criminal forensic evaluations as an expert witness in the field of psychiatry. She is qualified as an expert witness
in psychiatry in United States District Courts in North Carolina and the Northern District of California, and California
Superior Courts in Sonoma and San Francisco Counties. As a faculty member of the Psychiatry and the Law
Program at the University of California, San Francisco School of Medicine, she has taught the theory and practice of
the evaluation of competency to stand trial and other adjudicative competencies to fellows in forensic psychiatry,
psychiatric residents, and medical students.
13

Hutson et al., Suicide by Cop, Annals of Emergency Medicine, 1998; 32: 665-9.
14

San Francisco Police Department

Officer-Involved Shooting Study

In our study, activity consistent with suicide by cop behavior was observed in the reviewed
shootings:
•
•
•
•

Verbal threats – requesting officers to kill him
Pointed a replica firearm at a uniformed officer
Statement to fiancé – “I am never going to be arrested again”
Subject made a silent prayer and walked toward the officer with a knife

3.5.1.1 Recommendation
In order to effectively assess the likelihood of suicide by cop during the investigation of officerinvolved shootings, Dr. Keram suggests two important factors must be addressed by
investigators:
1. Investigators need to gather evidence of the subject’s mental health. Witness interviews
should include an attempt to identify behaviors indicative of self destructive behavior
based upon the suicide by cop model (see above.)
2. Investigators need to include a psychological autopsy as part of the investigative
process. A psychological autopsy includes a review of the following factors:
a. Psychiatric and medical history, including substance abuse
b. Family and social history
c. Education
d. Military service
e. Occupation
f. Relationships, marriage and other social supports
g. Religious beliefs and religiosity
h. Law enforcement contacts and arrests, including jail and prison history
i. Involvement in civil lawsuits
j. History of violence and victimization

3.5.2

Mental Health Detentions of Subjects

Part of this study involved utilizing information contained in Draft 2 of “Involuntary Detentions for
Mental Health Evaluation (W&I Code §5150) by San Francisco Police Officers” 14.
This report represented a three-month study from January 1, 2009 through March 31, 2009. It
reviewed all 5150 W&I referrals made by officers from the San Francisco Police Department. In
this study there were 843 separate 5150 W&I incidents involving 638 individuals.
This is a very comprehensive analysis of these incidents which quite often are the basis for
volatile contacts between those persons with mental health issues and law enforcement. This
study by Dr. McConnell concluded in part:
•

•

14

In the three-month sample period, SFPD officers were responsible for 843 separate
5150 W&I incidents involving 638 individuals. One conclusion is that this represents a
significant part of the average officer’s workload. For a full year the projected number of
5150’s would be 3,372, and average of about 9.2 per day.
In a previous study (McConnell and Pirkle, 2009) it was estimated that the average
number of contacts with mentally ill people (not just 5150 incidents) during a typical shift

William A. McConnell, PhD, presented to the San Francisco Mental Health Board and San Francisco Police
Department October, 2009
15

San Francisco Police Department

•

•

•

Officer-Involved Shooting Study

is 3.5. Based upon the reported time spent by officers, this led to a projection that the
“average” officer spends about an hour per shift or about 10% of all police field time with
mentally ill persons.
Most (80.4%) of the 5150 individuals had housing and the lack of housing was not found
to be related to danger to self, needing medical care and grave disability. While housing
is very important in general, it did not appear to be related to 5150 incidents in this
case…
5150 incidents were spread evenly across days of the week and somewhat evenly
across hours of the day. Therefore, SFPD 5150 intervention efforts may not need to
focus very much on these factors, with the possible exception of the 4PM to 8PM time
slot which might be a logical time for expanding mental health program hours.
Most 5150 incidents (92.9%) involve danger to self, but 35.4% of these same incidents
involved people who were also judged to be a danger to others. Of the 7.1% judged not
to be a danger to themselves, 83.3% were perceived as being dangerous to others.

This ratio of contact with persons with mental health issues is not surprising. At the present
time, the San Francisco Police Department has a 40-hour Police Crisis Intervention Training
(CIT) course developed by the Behavioral Sciences Unit of the San Francisco Police
Department. This course was based upon a similar program developed by the Memphis Police
Department. This program provides officers with in-depth training in the areas of
Communication Techniques, Active Listening, 5151 Process, Major Mental Disorders,
Personality Disorders, Suicide by Cop, SF Community Resources and other relevant topics. It
was designed to assist field officers in identifying mental health issues when dealing with
persons in the field, and to provide them with effective techniques in dealing with these persons
in crisis.
In December, 2004, a review of this program was published by Dr. McConnell, Director of
Quality Management, and Erin Pirkle, CBHS Epidemiologist for the Department of Public Health
– Community Behavioral Health Services. This evaluation was based upon responses from
43% of the 196 officers who had received CIT training from the inception of the program in May,
2001, to October, 2003. The following represent just some of the findings published in “Results
from the follow-up evaluation of the Police Crisis Intervention Training”:
•
•
•
•
•

73% of the officers said that the training changed their approach toward working
with the mentally ill.
Officers said they were better able to identify symptoms and behaviors and ask
relevant questions.
Officers indicated they have a better understanding of the behavior and symptoms
of the mentally ill and are able to react with more compassion, empathy and
patience.
87% of the officers said the training provided new strategies for meeting the
challenges of working with the mentally ill.
70% of the officers said there should be a refresher course.

16

San Francisco Police Department

3.6

Officer-Involved Shooting Study

Forensic Toxicology Review 15

Out of the fifteen OIS cases, fourteen were subjected to toxicology testing. The fourteen
toxicology reports reflected positive toxicology findings in ten OIS cases (71%), and only four
(29%) were negative.
Focusing on all ten OIS cases with positive toxicology reports, the drugs that were encountered
in these cases were alcohol, amphetamines, cocaine, cannabis and opiates (Table 1).

No. OIS Type Alcohol Amphetamines Cannabis Cocaine Opiates
,!,
Injury
1
,!,
,!,
,!,
2
Fatality
,!,
Fatality
3
,!,
,!,
,!,
4
Fatality
,!,
Fatality
5
,!,
,!,
Fatality
6
,!,
,!,
7
Fatality
,!,
,!,
Fatality
8
,!,
,!,
9
Fatality
,!,
Injury
10
Table 1: Officer-Involved Shooting (OIS) cases with positive toxicology results (n=10) between 2005
and 2009 showed the presence of alcohol, amphetamines, cannabis, cocaine and opiates.

Stimulants were found either alone or in combination with other drugs in 70% of all ten OIS
cases. Cocaine (n=6) and amphetamines (n=5) were the stimulants present in these cases and
methamphetamine and amphetamine were the two amphetamines found in the OIS cases.
Alcohol (n=4) was found in 28% of all OIS cases and always in combination with other drugs.
Cannabinoids (n=2) were found in 14% and opiates (n=1) in 7% of the OIS cases (Figure 1).

15

Submitted by Dr. Nikolas P. Lemos, PhD, FRSC, Chief Forensic Toxicologist, Office of the Chief Medical
Examiner, City and County of San Francisco.
17

San Francisco Police Department

Officer-Involved Shooting Study

•
•

,

••

Figure 1: Cocaine (n=6) and amphetamines (n=5) were the most frequently encountered drugs in all
San Francisco OIS cases, followed by alcohol (n=4), cannabis (n=2) and opiates (n=1) in the period
between 2005 and 2009.

Finally, when reviewing all OIS case positive toxicology reports, it was apparent that a single
drug was found in only the minority of positive cases (n=4, or 40%), where the majority of cases
had two or more drugs present (n=6, or 60%).
OIS Cases with Injury vs. OIS Cases with Death
The OIS cases were further examined based on whether they resulted in the civilian’s injury or
death. Of the fifteen OIS cases, seven resulted in survivable injuries by the civilian whereas
eight resulted in the civilian’s death. Of the seven OIS cases with injuries, six were toxicology
tested and one was not tested due to unavailability of specimens. Four (67%) of the six tested
OIS with injury cases had negative toxicology and two (33%) had a single drug present. That
drug was cannabis. There were no cases in this group (0%) in which alcohol, cocaine,
amphetamines, opiates, alone or in combination were detected (Figure 2, top chart). Civilians
who survived the OIS cases in San Francisco from 2005 to 2009 were either drug-free or had
cannabis onboard.
Of the eight OIS cases that resulted in non-survivable injuries by the civilian, all eight (100%)
had positive toxicology reports. There was not a single drug-free case (0%) found in this group
of OIS cases. Cannabis was also not found in any of these cases (0%). Cocaine was found in
six of the eight cases (75%) either alone or in combination with other drugs. Amphetamines (i.e.
methamphetamine and amphetamine) were found in five of the eight cases (62%) and always in
combination with other drugs. Alcohol was found in four of these cases (50%) in combination
with one or more drugs. Finally, opiates were found in 12% of these cases (n=1) and also

18

San Francisco Police Department

Officer-Involved Shooting Study

always in combination with other drugs (Figure 2, bottom chart).

C<><.I...

Amp~.tomln ••

C.nn.1>Io

C<><.....

AmpMtomln••

Connobl.

Opl.t••

•
•
o l"--'=
No D<ug.

Figure 2: Toxicology findings in OIS cases resulting in civilian injury (top) and Toxicology findings in OIS
Cases resulting in civilian death (bottom) in San Francisco between 2005 and 2009.

Discussion
Based only on toxicology findings in the OIS cases reviewed and excluding all other factors in
these cases, it is apparent that when the civilian was drug-free or under the influence of
cannabis, he or she suffered non-life threatening injuries in the officer-involved shooting. This
outcome could be either due to the civilian’s mental and physical abilities properly functioning
when drug-free allowing for the correct evaluation of risk and the correct and timely compliance
with police instructions and orders or due to the civilian being less argumentative and behaving
in less aggressive ways while under the influence of cannabis.
The opposite is true when the civilian was under the influence of stimulants such as cocaine and
methamphetamine, alcohol and/or opiates. One hundred percent of the cases that resulted in a
civilian fatality had significant toxicology findings including one or more psychoactive, mindaltering drugs including stimulants (e.g. cocaine and methamphetamine) as well as central
nervous system depressants (e.g. alcohol).
Cocaine is a commonly abused stimulant used for its ability to produce euphoria, excitation,
increased sexual libido, heightened focus and alertness, and mental clarity. Higher doses,
however, often result in a pattern of psychosis characterized by confused and disoriented
behavior, delusions, hallucinations, irritability, exaggerated fear, paranoia, antisocial behavior,
and aggressiveness. Even as cocaine users come down from their “high,” they exhibit
significant symptoms including dysphoria, depression, agitation, nervousness and drug craving.
Cocaine also changes the body’s physiology with increased heart rate and blood pressure,
increased body temperature, dilated pupils, increased light sensitivity, constriction of peripheral
blood vessels, rapid speech, dyskinesia, nausea, and vomiting.
19

San Francisco Police Department

Officer-Involved Shooting Study

Similarly, methamphetamine is a powerful stimulant that is abused for its ability to produce
euphoria, excitation, exhilaration, increased alertness, heightened sense of well-being and
increased sexual libido. In higher doses, it causes rapid flight of ideas, rapid speech, motor
restlessness, hallucinations, delusions, psychosis, insomnia, reduced fatigue or drowsiness,
feelings of increased physical strength, and poor impulse control. The physiological effects of
methamphetamine are also quite profound and include increased heart rate, increased blood
pressure, increased respiration rate, elevated temperature, palpitations and irregular heartbeat.
Users also experience dry mouth, abdominal cramps, suppression of appetite, twitching, pallor,
dilated pupils, horizontal gaze nystagmus at higher doses, faster reaction time, increased
strength, and more efficient glucose utilization. As methamphetamine users come down from
their ‘high,’ they experience restlessness, dysphoria, residual stimulation, agitation,
nervousness, paranoia, violence, aggression, lack of coordination, pseudo-hallucinations,
delusions, psychosis, and drug craving. Methamphetamine is known to cause some powerful
side effects including light sensitivity, irritability, insomnia, nervousness, headache, tremors,
anxiety, suspiciousness, paranoia, aggressiveness, delusions, hallucinations, irrational
behavior, and violence. Symptoms also include hyperthermia, tachycardia, severe hypertension,
convulsions, chest pains, and subjects who overdose develop stroke, cardiovascular collapse,
and possible death as a result of methamphetamine. Violent and erratic behavior is frequently
seen among chronic abusers of methamphetamine.
Alcohol is a powerful central nervous system depressant. It is well-known that at low doses,
alcohol causes euphoria which is often accompanied by increased self-confidence, decreased
inhibitions, diminished attention as well as reduced judgment and control of oneself. As the level
of intoxication due to alcohol increases, a person experiences emotional instability, loss of
critical judgment and suffers perception, memory and comprehension impairment. Increases in
reaction time, difficulties with vision, balance and speech, exaggerated emotions, disorientation
and mental confusion are also symptoms often observed in people who are in the excitement
and confusion stages of alcoholic intoxication.
Cannabis’ effects include euphoria, relaxation, relaxed inhibitions, disorientation and altered
time and space perception but mood changes such as panic reactions and paranoia have also
been associated with cannabis use. Cannabis also has pronounced effects on the human
physiology including increased heart rate and vasodilatation.
Opiates, including compounds related to morphine and heroin, are often abused with other
drugs. Intravenous use of opiates such as heroin results in euphoria, relaxation, drowsiness,
sedation, lethargy, disconnectedness, self-absorption, mental clouding, and delirium. Opiates
also produce analgesia, depressed heart rate and depressed respiratory rate.
As described above, being under the influence of each one of the drugs found in the civilians
involved in OIS in San Francisco would produce significant effects on a person’s mental and
physical capacities. Combining two or more of these powerful stimulants such as cocaine and
methamphetamine and mixing them with alcohol would dramatically increase the effects
experienced by the user in a rather unpredictable, non-linear fashion. People under the
influence of drug cocktails such as the ones seen in the OIS cases examined herein would
experience severe physiological and psychological effects that as a whole would be much
greater and more dangerous than the sum of the effects of each drug had it been taken on its
own.
Summary
Between 2005 and 2009, fifteen officer-involved shootings (OIS) took place in the City and
County of San Francisco, California. Seven of these OIS cases resulted in the civilian subject
suffering survivable injuries whereas eight resulted in the civilian subject suffering nonsurvivable injuries.
20

San Francisco Police Department

Officer-Involved Shooting Study

Fourteen of the fifteen cases had toxicology analyses performed. Reviewing all fourteen
toxicology reports irrespective of injury or fatality, suggests that alcohol and drugs played a
significant role in the majority of these cases, as drugs were found in 71% of them. Cocaine,
methamphetamine, amphetamine, alcohol, cannabis and opiates were the encountered drugs in
all fourteen toxicology-tested OIS cases.
When the fourteen OIS cases are separated based on the outcome of the civilian’s life (injury
versus death), the drugs found in those two subsets of OIS cases are diametrically different.
The six OIS cases that resulted in the civilian suffering survivable injuries showed either
completely negative toxicology (67%) or cannabis presence (33%). There was not a single case
(0%) in this subset that showed cocaine, methamphetamine, amphetamine, alcohol or opiates
present either alone or in combination.
However, all eight (100%) OIS cases that resulted in the civilian suffering non-survivable injuries
were positive for drugs and there was not a single case (0%) in which the civilian was drug-free.
Cannabis was not found in any (0%) of these cases. Cocaine, methamphetamine,
amphetamine, alcohol and opiates were found alone or in combination in all of these cases.
The toxicology review of the San Francisco OIS cases from 2005 to 2009 suggests that civilians
who were drug-free or only had cannabis onboard engaged in behavior that resulted in injury
without threat to their life. Those civilians, however, who were involved in fatal OIS cases were
all under the influence of drugs such as cocaine and alcohol which are well known to produce
reduced inhibitions, increased risk taking behavior, aggression and violence.

3.7

Department Demographics

Department demographic data was obtained as of January 5, 2010. A larger table with more detail
appears in the Appendix.

Race/Ethnicity

Male

Female

Total

Percent

Asian

337

26

363

15.6%

Black

160

48

208

8.9%

Filipino

117

11

128

5.5%

Hispanic

298

64

362

15.5%

3

5

8

0.3%

White

1,037

219

1,256

53.8%

Other

7

2

9

0.4%

Total

1,959

375

2,334

100%

Percent

83.9%

16.1%

100%

Native American

3.8

Involved Officer Characteristics

Personnel data regarding officers involved in each OIS were analyzed for associations of race,
gender, age and tenure.

21

San Francisco Police Department

3.8.1

Officer-Involved Shooting Study

Race, Ethnicity, Gender

3.8.2

Race

Male

Female

Total

Percent

Asian

2

0

2

8%

Black

1

0

1

4%

Filipino

4

0

4

15%

East Indian

1

0

1

4%

White

13

5

18

69%

Total

21

5

26

100%

Percent

81%

19%

100%

Officer Age
4

Number of Officers

3

2

1

0

20

25

30

35

Age

22

40

45

San Francisco Police Department

3.8.3

Officer-Involved Shooting Study

Officer Tenure
5

Number of Officers

4

3

2

1

0

1

2

4

5

6

7

8

9

10

11

12

15

Years

3.8.4

Officer Status, Assignment

Officers were analyzed for type of assignment uniformed or plain-clothes duty, if a partner
was assigned, and prior military experience
Assignment

With
Partner

Without
Partner

Total

Plain-clothes

2

1

3

Uniform

12

0

12

14

1

15

Total

The two plain-clothes officers were assigned as follows:
•
•

3.8.5

1 Narcotics
1 Off-Duty

Prior Military Experience
Military Experience
U.S. Marine Corp
U.S. Army
None
Total

23

Number of
Officers
3
2
21
26

San Francisco Police Department

3.8.6

Officer-Involved Shooting Study

Early Intervention System (EIS) Indicators

The San Francisco Police Department's Early Intervention System (EIS) identifies and tracks
behaviors that result in performance related problems by individual members. The intent of the
EIS is to provide non-disciplinary intervention, whenever possible, to assist our members in their
professional development in order to provide the highest level of service and satisfaction to the
public. 16

3.8.6.1 EIS Program Description
Prior to the activation of the EIS program in March 2009, the Early Warning System (EWS) was
in place. Because the majority of the OIS cases in this study occurred before the initiation of
EIS, the following statement 17 must be considered when analyzing this data:
“The Professional Standards Unit (PSU) maintains the Early Intervention System
(EIS) for the San Francisco Police Department. As outlined in DGO 3.19, ten
types of reported incident data are fed into the EIS. PSU is not responsible for
any data entry. The information accessed by PSU is entered and managed by
each separate unit through the Administrative Investigation Management (AIM)
system database. EIS pulls threshold activation data directly from the indicator
unit’s databases. The thresholds, per DGO 3.19, are activated from data
collected one year from the date of the report. Threshold activation does not
always lead to an EIS alert or intervention. Threshold activation data pulled from
the system is sent to the member’s supervisor where it is verified that it belongs
to the member and that there are no indicator duplications, i.e. several indicators
that all resulted from one event. Once confirmed that the data used in the
threshold activation is accurate, an EIS alert occurs. The supervisor is then
required to conduct a performance review, where documents attached to each
indicator are reviewed for a pattern of at-risk behavior. Only if such a pattern
exists is an intervention initiated.
The first EIS threshold activation report was issued in March 2009 (incorporating
one year of data). Indicator unit data entered prior to this date cannot be verified
for accuracy by PSU and was not processed through the Early Intervention
procedure described above. For these reasons, the provided data cannot be
accurately applied in determining whether these members would have been on
EIS alert prior to their OIS.

16

Dept. General Order 3.19

17

Statement provided by Sgt. Paget Mitchell, EIS Unit.
24

San Francisco Police Department

Officer-Involved Shooting Study

3.8.6.2 EIS Indicators for OIS Officers 18
Total
Average
for all
per OIS
OIS
Officer
Officers

EIS Indicator

3.9

UOF (Use of Force)

16

2.3

OIS (Officer-Involved Shooting)

0

0.0

OID (Officer-Involved Discharge)

0

0.0

OCC (Office of Citizen Complaints)

16

2.3

MCD (Management Control
Division)

7

1.0

EEO (Equal Employment
Opportunity)

0

0.0

CS (Civil Suits)

1

1.0

TC (Tort Claims)

5

1.3

ODA (On-Duty Accidents)

4

1.0

VP (Vehicle Pursuit)

5

1.3

Total

54

2.0

Threat Environment

Officers determine the appropriate level of force to use in response to the threat they perceive at
the time. The OIS’s were analyzed for the threat perceived by the officer. To account for
situations of simulated weapons, the actual weapon possessed by the subject at the time of the
shooting was also considered.

18

Data provided by Sgt. Paget Mitchell, EIS Unit, for the 26 involved officers.
25

San Francisco Police Department

3.9.1

Officer-Involved Shooting Study

Threats Posed & Weapons Used at Time of Shooting

Although more than one weapon or threat may have been involved in the events leading up to
the shooting, the data below applies to only what the officer perceived to be the threat posed to
them self or others at the moment they discharged their firearm.
Number of
OIS's

Weapon When Shot

Firearm

7

Five (see below)

Bladed Weapon

3

Same

Moving Vehicle

3

Same

Physical Resistance

2

None (see below)

15

Total

Perceived Threat

3.9.1.1 Firearms as Threats (7 OIS’s)
•
•
•
•
•
•
•

1 military carbine rifle, brandished at officers during traffic stop of a vehicle broadcast
of man with a gun.
1 handgun, carried by subject involved in a homicide. Officers fired on when arriving on
homicide scene as a “shots fired” call.
1 handgun, carried by a wanted subject who had previously killed a police officer, is
fired on by police and then turned the gun on himself.
1 handgun, fired in the air by a subject participating in a sideshow. Subject pointed
weapon at officers who confronted him.
1 handgun, pointed by subject at officers who on-viewed a dispute on the street.
1 replica firearm, subject brandished life-like gun in public. When officers responded to
“man with gun” call, subject pointed gun at police. Indications of mental health issues.
Subject with outstanding warrant fled into the attic space above vacant apartment.
Subject failed to follow officers’ commands to show his hands. Indications of mental
health issues.

3.9.1.2 Bladed Weapons as Threats (3 OIS’s)
•
•
•

Subject stabbed one person to death, and was attacking another when confronted by
police. Indications of mental health issues.
Officers responded to a request for assistance with a person with mental health issues.
Subject approached officers with a knife. Known mental health issues.
Officers attempted to detain a wanted subject who produced a knife and approached
officers. Indications of mental health issues.

3.9.1.3 Moving Vehicles as Threats (3 OIS’s)
•

Two officers attempted to serve a warrant on a subject in stationary vehicle. Subject
started his vehicle and drove toward approaching officers.

26

San Francisco Police Department

•

•

Officer-Involved Shooting Study

Officers on viewed a possible gun sale. Subject fled, police pursuit followed, and ended
near security gate when subject drove his vehicle in direction of officers who were on
foot.
Communications broadcasted a description of a stolen vehicle and a subject involved in
a narcotics transactions. Officers observed the subject in a parked vehicle. Officers
approached the subject on foot and ordered him out of the vehicle. Subject started
vehicle and drove toward approaching officers.

3.9.1.4 Physical Force / Resistance (2 OIS’s)
•

•

Subject was interrupted during the commission of an auto break-in in an alley by an offduty officer. Subject refused to comply with directions to submit to arrest and made a
furtive gesture. No weapon was found on subject.
Subject broke into an occupied residence at 2:30 AM. Officers confronted the masked
subject holding a pry tool on the interior staircase. Subject charged officers on staircase
in poor lighting. The pry tool was found at top of the staircase following the shooting.

3.10 Shootings by Police District & Time of Day
Officer involved shootings (OIS’s) were analyzed for police district of occurrence. Approximately
half of the shootings occurred in two districts, Ingleside and Mission. Thirteen of the OIS’s
occurred between 3:00 PM and 4:00 AM.

3.10.1 Shootings by District

,

1..-;0<01

27

San Francisco Police Department

Officer-Involved Shooting Study

3.10.2 Shootings by Time of Day
4
3
2
1

0500

0400

0300

0200

0100

2400

2300

2200

2100

2000

1900

1800

1700

1600

1500

1400

1300

1200

1100

1000

0900

0800

0700

0600

0

3.10.3 Shootings by Police District and Time of Day
Hour

Bayview

Mission

Northern Ingleside Southern Taraval

Total

0200

0

0

1

1

0

0

2

0400

0

0

0

0

1

0

1

1000

1

0

0

0

0

0

1

1200

0

1

0

0

0

0

1

1500

0

0

1

0

0

0

1

1600

0

0

0

1

0

0

1

1700

0

1

0

0

0

0

1

2000

0

1

0

0

0

2

3

2100

0

1

0

1

0

0

2

2200

1

0

0

0

0

0

1

2300

0

0

0

1

0

0

1

Total

2

4

2

4

1

2

15

3.10.4 Environmental Factors
Lighting and visibility were considered for each OIS. Lack of adequate visibility appeared to be a
factor in only a small number of shootings.

28

San Francisco Police Department

3.10.4.1

Officer-Involved Shooting Study

Indoors - Outdoors
Environment

Total

Indoor

4

Outdoor

11

Total

3.10.4.2

15

Visibility
Visibility

3.10.4.3

Clear

13

Obstructed

2

Total

15

Weather
Weather

3.10.4.4

Total

Total

Clear

12

Cloudy

1

Rainy

2

Total

15

Lighting

Total

Lighting

Good

13

Poor

2

Total

15

29

San Francisco Police Department

3.10.4.5

Officer-Involved Shooting Study

Location Details
Location Details

Total

Commercial Business

1

Commercial Business District

2

Private Residence

3

Residential Neighborhood

6

Security Post

1

Supportive Housing

1

Other

1
Total

15

3.10.5 Initial Incident Type & Dispatched or On View
Officers were involved in a variety of incidents that led up to the OIS. Approximately an equal
number were the result of dispatched calls for service as were “on viewed” by the officer prior to
any dispatched call.
Initial Incident Type

Dispatched On View

Total

Auto Boosting

0

1

1

Disturbance

0

1

1

Disturbance, Person w/Knife

0

1

1

Mental Health Detention

1

0

1

Person w/Gun inside Vehicle

1

0

1

Person Wanted for Felony

0

1

1

Person with a Gun

1

1

2

Person with a Gun, Shots Fired

0

1

1

Prowler

1

0

1

Resisting Arrest

1

0

1

Search Warrant

0

1

1

Shots Fired

1

0

1

Trespasser

1

0

1

Wanted Vehicle, Narcotics

1

0

1

8

7

15

Total

30

San Francisco Police Department

Officer-Involved Shooting Study

3.10.6 Time from Arrival to Shooting
The elapsed time from the officer’s arrival to the shooting plays a significant role in the choice of
tactics and resources an officer has available to address the threat presented by the subject.
Nearly half of the shootings occurred in less than a minute after the officer’s arrival on the
scene, essentially limiting the officer’s option to use those resources carried on their person.
Time From Arrival to
Shooting (minutes)

Number of Incidents

Less than 1

8

1 to 5

5

10 to 15

1

Over 15

1
Total

15

3.10.7 Shooting Distance from Officer to Subject
The distance between the officer and the subject places limits on the less lethal options an
officer can deploy safely and effectively.
Shortest
Distance (ft)
0 to 5

7

5 to 10

3

10 to 15

4

20 or More

1

Total

3.10.7.1

Number of
Incidents

15

Analysis of Distance

Fourteen of the fifteen OIS’s took place at a distance of 15 feet or less. The Extended Range
Impact Weapon (ERIW) currently available to department members utilizes a bean bag
cartridge fired from a shotgun. These are high energy rounds that can only be deployed safely
from a minimum distance of 15 feet, to a maximum distance of 60 feet. Due to the short
distance from officer to threat, the ERIW could not have been deployed except in one of the
OIS’s studied.

31

San Francisco Police Department

Officer-Involved Shooting Study

3.11 Use of Force Progression & Time Prior to Shooting
3.11.1 Hierarchy of Force Policy
Department General Order 5.01 USE OF FORCE provides the following levels of acceptable
force to be used in ascending order:
a. Verbal Persuasion
b. Physical Control (e.g., passive resister, bent wrist control, excluding the carotid
restraint)
c. Liquid Chemical Agent (Oleoresin Capsicum)
d. Carotid Restraint
e. Department-issued Baton
f. Firearm

3.11.2 Use of Force Progression
Ten of the fifteen events studied escalated from verbal persuasion directly to firearm. One
additional event had physical control as an added component. Yet another event had use of
liquid chemical agent as an added component. Three events involved firearms with no lesser
level of force employed.
Force Hierarchy
Progression Used

Number of Incidents

1.Verbal Persuasion
2.Liquid Chemical Agent
3.Firearm

1

1.Verbal Persuasion
2.Firearm

10

1.Verbal Persuasion
2.Physical Control
3.Firearm

1

1. Firearm

3
Total

3.11.2.1

15

Analysis of Force Progression

When comparing the distance to the threat, hierarchy of force employed, and the contact to
shoot times, some basic facts emerge:
•

In fourteen of the fifteen OIS’s studied, officers were confronted with situations in which
they found themselves in close proximity to the threat presented, thus limiting their force
progression choices.

•

In seven of the fifteen events, officers had to weigh lesser options of effective force
within 30 seconds of recognizing the threat. In an additional two events this had to be
accomplished in one minute or less.

32

San Francisco Police Department

Officer-Involved Shooting Study

3.12 Less Lethal Options
3.12.1 Action Taken
Explore other less lethal options currently not available to department members.
This action is directed by the Chief of Police and is based upon findings of this study.

3.12.2 Basis for Action Taken
3.12.2.1

Analysis

A review of the fifteen officer-involved shootings during the study period revealed that seven of
the events involved firearms as threats. This form of threat does not lend itself to comparing the
viability of a less lethal option as an alternative to deadly force.
However, the remaining eight events do provide a basis for the consideration of a less lethal
option. In these cases, not involving firearms, the distance between the officer and the threat
was 15 feet or less, making the distance to subject too close for the Extended Range Impact
Weapon to be deployed safely.

3.12.2.2

Threat Encountered

•

Bladed Weapons: 3

•

Vehicles as Weapons : 3

•

Physical Force : 2

3.12.2.3

Distance to Threat

•

0-5 feet: 6

•

10-15 feet : 2

3.12.2.4

Time Involved

•

Seconds – 30 or less: 4

•

1 minute : 1

•

2 minutes: 1

•

2-5 minutes: 1

•

5 minutes: 1

3.12.2.5

Hierarchy of Force:

•

Verbal Persuasion/Firearm: 5

•

Verbal Persuasion/Liquid Chemical Agent/Firearm: 1

•

Firearm: 2

This data demonstrates that in encountering threats other than firearms, SFPD members
generally were able to attempt to exercise at least one other level of force prior to the discharge
of their firearm. It also demonstrates some other inescapable facts:

33

San Francisco Police Department

Officer-Involved Shooting Study

•

All of the incidents occurred within a distance of fifteen feet or less and therefore
precluded the safe deployment of the Extended Range Impact Weapon (shotgun with
bean bags) because at this distance it is deemed unsafe.

•

The only less lethal option available to the officers in these eight cases would have been
to either attempt to utilize their department issued baton, or attempt to apply a carotid
restraint.

However, in the vast majority of these eight events, the officers were in need of incapacitating
the confronted subject quickly in order to stop the immediate threat, which didn’t allow the officer
time the use of the baton or carotid restraint.
Any less lethal option would have had to have been present and available on the officer at the
time the threat was encountered due to the proximity of the threat, and the limited time available
to respond to the threat.

3.12.3 Method of Implementation
•

Direct Training Division to explore other less lethal options not currently available to
department members.

3.12.4 Implemented Change: Standardized Use of Force Form
3.12.4.1

Action Taken

This action is directed by the Chief of Police and is based upon findings of this study, and
recommendations previously made by Police Executive Research Forum (PERF.)

3.12.4.2

Basis for Action Taken

At the present time, under Department General Order (DGO) 5.01, Use of Force, officers
utilizing force in the performance of their duties are required to report the use of force in the
form of a notification to their supervisor (from DGO 5.01):
a. Physical control, when the person is injured or claims to be injured.
b. Liquid chemical agent, when sprayed on or at the person.
c. Department-issued baton, when the person is struck or jabbed.
d. When the officer finds it necessary to strike a subject with his/her fist, a flashlight,
or any other object.
e. Carotid restraint.
f.

Firearm (also see DGO 5.02, Use of Firearms)

The supervisor is then provided with options regarding an immediate investigation, (from DGO
5.01):
SUPERVISORY OFFICER'S RESPONSIBILITIES. When notified of the use of
force, supervisors shall determine whether anyone (including the officer) has
sustained an injury and its severity. If an injury has been sustained which is
serious enough to require immediate medical treatment, the supervisor shall
immediately respond to the scene of the incident unless a response is
impracticable, poses a danger, or where officer's continued presence creates a
risk. .....
This order then directs the activity that should take place to investigate the use of force.
34

San Francisco Police Department

Officer-Involved Shooting Study

Department General Order 5.01 does mandate the reporting of the use of force on a ‘Use of
Force Log’ that is maintained at the unit the member is assigned to, but that log does not readily
provide a uniform foundation of investigation and information that would:
•
•
•
•

Identify possible training needs of members,
Require the presence of supervisors at all incident scenes,
Require interaction between the supervisors and witnesses in the community in
every event in which force is used,
Provide more comprehensive and consistent analysis of force used by the entire
agency.

3.12.4.3

PERF Recommendation

The SFPD should design a new and separate Use of Force Report to be
completed by all members of the department any time force is used. This form
should be used not only to more thoroughly document the particular use of force,
but also to allow for maintaining records and statistics on use-of-force incidents
and the effectiveness of uses of force.
Currently in San Francisco, any incidents involving the use of force by officers
are included in the narrative of the crime or crime/arrest report completed by the
officers. In some cases, sergeants are required to respond to the scene when
force has been deployed. The sergeants must always review the officer's report
to ensure that all information is included to make a notification in the appropriate
Use of Force Log. That information is forwarded to the Academy for review and
accountability by members of the defensive tactics instructors.
The PERF report then explains the analysis performed on over 100 reports regarding the use of
force.
Some were quite thorough and detailed, while others omitted pertinent information.
A report exclusively for documenting use-of-force incidents should be initiated by
the department. It may be comprised of primarily check boxes to capture a good
deal of information without creating an undue burden on officers and supervisors.
The PERF report then provides a final recommendation regarding the use-of-force form and
investigation into the use of force.
Unless extenuating circumstances exist, a supervisor shall respond to all field
incidents in which force was used by a member of the department. Personal
observations shall be noted, and in all cases photographic evidence shall be
taken to show the presence or absence of injuries to the subject. Photos shall
also be taken of the officer if the officer is injured or if damage was sustained to
the officer's uniform.

3.12.4.4

Method of Enacting

The Director of Risk Management Division shall create a use of force form to be completed by
each member employing force during the performance of their duties. This form shall be
designed in consultation with MIS personnel to allow for a format that can be electronically
scanned for the purpose of extracting information in an automated format for analysis and
accounting purposes.

35

San Francisco Police Department

Officer-Involved Shooting Study

3.12.5 OCC Recommendation: ERIW Weapons 19
3.12.5.1

Recommendation

Review of Extended Range Impact Weapon Discharges

3.12.5.2

Basis of Recommendation

Department Bulletin 09-266, “Extended Range Impact Weapon Guide Sheet,” provides the
current policy for use of the ERIW. (See Appendix for details.)
Unlike officer-involved shootings and firearm discharges, cases involving the discharge of an
extended range impact weapon (ERIW) are not subject to review by the Firearm Discharge
Review Board. Thus, there exists no formal process to determine whether the discharge was
appropriate and consistent with department policy and to evaluate the need for any changes to
existing policy and training.
Although they are not designed to be lethal and are safer than traditional firearms, ERIWs are
capable of inflicting serious injury. Injuries caused by ERIWs include broken bones, serious
lacerations and puncture wounds. Furthermore, ERIWs are not as accurate as traditional
firearms; the distance between the officer and a subject is inversely related to the accuracy of
the beanbag projectile. This lack of precision can cause injuries to the most vulnerable parts of a
subject’s body including the head, neck, pericardium and groin, areas that are more likely to
cause serious injury or death.
In addition to serious injuries, ERIWs can also be fatal. ERIWs may inflict fatal injuries when a
beanbag projectile breaks a bone that in turn punctures a vital organ or the beanbag itself
penetrates the skin and punctures the organ. Other fatalities have occurred when officers
incorrectly loaded the ERIWs with real bullets instead of less than lethal ammunition because of
the similarly marked lethal and nonlethal ammunition.
ERIWs are frequently used in situations involving mentally ill individuals. Thus, it is even more
imperative that ERIW cases be subject to a formal review process to evaluate the
appropriateness and benefit of their use, especially because of the frequency with which they
are used in situations involving mentally ill individuals. The Ninth Circuit recognizes that when
evaluating the reasonableness of an officer's use of force, the mental capacity of the individual
plays a significant role: "Even when an emotionally disturbed individual is 'acting out' and
inviting officers to use deadly force to subdue him, the governmental interest in using such force
is diminished by the fact that the officers are confronted, not with a criminal, but with a mentally
ill person.”
To better evaluate the effectiveness of ERIWs in incidents, especially because of their frequent
use in situations involving mentally ill individuals, the OCC recommends that Department
General Orders 8.11 and 3.10 be amended to include review of discharges by extended range
impact weapons.

3.12.5.3

Method of Implementation

Amend Department General Order 3.10, “Firearm Discharge Review Board,” to delete footnote
1 that excludes Extended Range impact Weapons from being considered a firearm within the
meaning of the order and add language stating that a discharge of a firearm includes a
discharge of an Extended Range impact Weapon.

19

Submitted by O.C.C. Executive Director Joyce M. Hicks, Esq. and Samara Marion, Esq., O.C.C. Policy Analyst.
36

San Francisco Police Department

Officer-Involved Shooting Study

3.13 Use of Vehicles as Weapons by Subjects
In just one-fifth of the OIS’s, vehicles were used as weapons. One of these three shootings
involved the pursuit of a vehicle.
Vehicle Used
as A Weapon

Pursuit

No
Pursuit

Total

Yes

1

2

3

No

1

11

12

2

13

15

Total

3.13.1 Policy
In three of the 15 officer-involved shootings analyzed, vehicles were deemed to be the threat
the officers responded to - automobiles being used as weapons. In two of these incidents, the
automobiles were stationary when first contacted by officers. However, due to current policy, as
described in Department General Order 5.05, RESPONSE AND PURSUIT DRIVING, the
officers encountering the stationary vehicles in these cases were not permitted to use their own
vehicles to gain a tactical advantage over the subject.
Section IV, Vehicle Pursuits,
M. Offensive Tactics (Legal Intervention)
RAMMING. Officers shall not attempt to stop a vehicle by ramming it or forcing
the vehicle off the road. Pursuits shall be primarily following actions. Listed
below are tactics that are not to be used:
• Boxing in
• Heading off
• Driving alongside
• Channeling
ROAD BLOCKS. Police shall avoid using their vehicles as roadblocks unless the
officer has reasonable cause to believe that the subject has committed or
attempted to commit a felony involving the use or threatened use of deadly force;
and the officer has reasonable cause to believe that a substantial risk exists that
the person to be arrested will cause death or serious bodily injury if his/her
apprehension is delayed; and after all other reasonable means of apprehension
and control have been exhausted.
If employed, supervisory approval and coordination is required.

3.13.2 Analysis of Vehicle Threat Options
At present, officers interpret this order literally, and when encountering stationary vehicles take
measures to leave adequate space between their vehicle and the subject vehicle so as to avoid
being in violation of the above policy.
It appears that this practice not only placed the officers at a distinct tactical disadvantage, but
also provided subjects engaged in illegal activity not necessarily involving vehicular pursuit an
opportunity to attempt escape in order to avoid arrest.
Because officers were not permitted to block the escape of the subject vehicle with their own,
subjects seized the opportunity to flee the scene and their approaching vehicle then became a
threat to the officers at the time of the event.
37

San Francisco Police Department

Officer-Involved Shooting Study

3.13.3 Action Taken
Department General Order 5.05 has been revised recently in a number of areas, and is
presently undergoing the concurrence process. A recommendation by the participants of this
study was included in the revised order. The following language is presently part of the revised
order under concurrence:
Nothing in this order shall preclude a member from using a department vehicle
as a tactical tool to block a stationary subject vehicle to prevent its escape if any
of the following conditions exist:
1) The subject vehicle is involved in a felony incident,
2) The vehicle came to a stop following a pursuit or flight from law enforcement, OR,
3) Substantial risk exists to the public if the operator or vehicle is allowed an opportunity at
flight.
Approval of this recommended language will allow department members to incorporate safer
tactics in situations involving their approach on stationary subject vehicles. This change will
enhance officer safety by providing a viable tool to officers on the street, and will prevent
subject’s vehicles from being used offensively against members as well as eliminate many
pursuits.
This recommended language change also provides this study with an opportunity to make
recommendations that will bring the department’s firearms use policy comparable with the
prevailing national practices in regards to officers discharging firearms at vehicles.

3.14 Implemented Change: Prohibit Shooting at Moving Vehicles
In three of the shootings reviewed, the subjects were inside of a moving vehicle at the time of
the OIS. Firing at a moving vehicle presents a number of risks. As studies show, the potential
benefits are few.
This action is directed by the Chief of Police and is based upon findings of this study, and
recommendations previously made by PERF The Office of Citizen Complaints strongly
endorses the Department’s recommendation to prohibit shooting at or from a vehicle except
under extreme circumstances. 20

3.14.1 Action Taken
Enact a Prohibition Regarding Officers Shooting at or From Moving Vehicle Except Under
Extreme Circumstances.

3.14.1.1

Basis for Action Taken

Almost every major law enforcement agency in the United States has confronted and resolved
the issue of their members discharging firearms at or from moving vehicles.
For years the San Francisco Police Department struggled with this issue due to language in
Department General Order 5.05 Response and Pursuit Driving. Section M. “Offensive Tactics
20

In addition to the Department’s proposed language, the OCC recommends that the rationale for the new
restrictions be included in the Department General Order. Numerous law enforcement agencies such as Los
Angeles, Boston and Seattle include the rationale in their policy. This information reinforces the inherent dangers
of shooting at moving vehicles and gives officers a better understanding of how to avoid those dangers. The OCC
also recommends including the LAPD’s provision that “…the moving vehicle itself shall not presumptively constitute
a threat that justifies an officer’s use of force.”
38

San Francisco Police Department

Officer-Involved Shooting Study

(Legal Intervention)” that prohibited the use of department vehicles for “Boxing In” among other
intervention tactics. This language, which was written to address moving vehicles involved in
pursuits, was also applied to the tactical use of a police vehicle to prevent the escape of a
stationary vehicle.
The net result of this interpretation was that officers, who could eliminate or minimize a
dangerous situation by blocking a stationary vehicle in place with a police vehicle in order to
prevent escape and/or effect an arrest, were allowing adequate space between their vehicle and
the subject to be in compliance with this D.G.O. The net effect was numerous confrontations in
which the subject vehicle became a weapon and posed a threat to officers, resulting in the
discharge of their firearms.
Language was recently added to proposed draft of D.G.O. 5.05 which would allow for the
blocking of stationary vehicles under controlled circumstances. This modification provides a
tactical solution to these dangerous situations and eliminates any officer safety argument that
might arise from changing our shooting policy in regards to vehicles being used as weapons.
Adoption of this recommendation will make SFPD Department General Order 5.02, USE OF
FIREARMS, consistent with other major departments in adopting the best practice of prohibiting
this high risk use of deadly force.

3.14.1.2

Method of Implementation

1) Per PERF Recommendation - insert language in Department General Order 5.02, C 5 b
(however, replace the permissive “should” with the mandatory “shall”:
Firearms should shall not be discharged at a moving vehicle unless a person in
the vehicle is immediately threatening the officer or another person with deadly
force by means other than the vehicle itself.
Officers should shall employ all reasonable means available to move to an area
of safety if a vehicle becomes a threat, including retreating from the threat if
practical.
Officers should shall not intentionally place themselves in harm’s way by
standing or moving in front of a vehicle, standing directly behind a vehicle, or
reaching inside an operating vehicle.
2) Issuance of a Department Bulletin notifying members of the change in D.G.O. 5.02, C, 5 b.
3) Issuance of a Department Bulletin notifying members of the change in D.G.O. 5.05, M, 1 a.
4) Direct the Commanding Officer of the Training Division to prepare a roll call training video
regarding the changes in D.G.O. 5.02 and D.G.O. 5.05.
5) Direct the Commanding Officer of the Training Division to incorporate this training in all
upcoming C.P.T. sessions at the Academy.

39

San Francisco Police Department

Officer-Involved Shooting Study

4 Selection & Training of Officers
4.1

Academy

California’s Commission on Peace Officer Standards and Training (POST) provides guidelines
for training of peace officers throughout the state. POST categorizes training in numbered
learning domains.
The following POST guidelines for learning domain 33 regarding force and arrest-related
subjects are taught to students at basic academy level:
•

Tactical Communication

•

Principles of Weaponless Defense

•

Person Search

•

Restraint Devices

•

Physical Control Holds

•

Carotid Restraint

•

Impact Weapons

•

Weapon Retention and Takeaway

•

Prisoner Transportation

The POST requirement for learning domain 33 is 60 hours. The SFPD Academy staff currently
provides recruits with 114 hours of training in this learning domain.

4.1.1

SFPD vs. POST minimum training standards
Techniques Taught
and Tested

POST Minimum

SFPD Training

Searching

4 tested

7 tested

Handcuffing

1 tested

5 tested

Control holds

2 tested

5 tested, approximately 1015 others and variations
instructed

Takedowns

2 tested

5 tested, approximately 1015 others and variations
instructed

Handgun Takeaway

2 tested

6 tested, approximately 1015 others and variations
instructed

40

San Francisco Police Department

4.1.2

Officer-Involved Shooting Study

Implemented Change: Mandatory Training for all Members for
Dealing with Persons in Distress

4.1.2.1 Action Taken
Develop a twenty-hour training block for all department members designed to focus on, and
dealing with persons in crisis.
This action is directed by the Chief of Police and is based upon findings of this study.

4.1.2.2 Basis for Action Taken
At the present time, the department provides communications training to its members in a
variety of forms.
•

In the Basic Academy we teach basic interviewing techniques designed to teach the
officer to elicit information from persons for the purpose of:
o

Understanding what type of event has taken place,

o

Conveying relevant information to field units regarding the incident, and,

o

Preparing an effective incident report.

•

In Continuing Professional Training (CPT) we provide updates in Interview and
Interrogation.

•

In Crisis Intervention Training (CIT) we provide a foundation a broad spectrum of training
in a forty-hour course in dealing with persons with mental health issues.

•

In Hostage Negotiation Team (HNT) training we provide a select group of officers with a
combination of communication skills and formal procedure designed to contain and deescalate volatile incidents.

Although most officers become effective communicators over a period of time by combining
formal training with practical field application, the department does not currently provide a
comprehensive training segment to every member designed to equip the officer with the
tools to deal with persons in crisis. Officers deal with persons on a daily basis with serious
health issues, financial issues, marital problems, substance abuse issues, family crisis, and
a number of other problems that can invoke very abnormal emotional behavior. It is critical
that every officer possess the communication skills to effectively deal with persons in crisis.
Effective communication skills can defuse highly charged situations and as a result reduce
the need to use force while at the same time reduce the incidence of citizen complaints
against officers.

4.1.2.3 Method of Implementation
The Commanding Officer of the Training Division shall convene a panel of subject matter
experts and develop a twenty-hour training segment of communicating with persons in
crisis. This panel will be comprised of but not limited to the following persons:
•

Training Division personnel as designated by the Commanding Officer of the
Training Division,

•

Department Psych Liaison Officer and Office in Charge of the Behavioral
Science Unit,

•

Mental Health expert(s) as designated by Commanding Officer of the Training
Division in conjunction with the Psych Liaison Officer and Officer in Charge of
the Behavioral Science Unit,
41

San Francisco Police Department

•

Officer-Involved Shooting Study

Officer in Charge of Hostage Negotiation Team.

The training developed shall be a combination of classroom instruction and practical application
through role playing and evaluation. All department members will receive this training within 24
months of its development.

4.1.3

Implemented Change: Mandatory 40-hour Crisis Intervention
Training (CIT) for all First Responders and Field Supervisors 21

First, it is clear that a higher and higher percentage of both police calls and officer involved
shootings have involved mentally ill individuals over the past two to three decades.
Second, there is evidence that CIT training among law enforcement personnel is effective in
improving outcomes in interactions with mentally ill persons and decreasing the incidence of use
of force in this population. Less lethal options in conjunction with CIT trained officer
interventions may also decrease fatal use of force in this population.
There is also evidence that less lethal use of force options may decrease injury not only in the
mentally ill population, but also among law enforcement officers and the public.
Approximately 1200 officers have received 40 hours of training in CIT and another 800 have
been trained for CIT in a one-day training course.
These training efforts are clearly valuable to our efforts to gain better outcomes in our
interactions with mentally ill individuals.

4.1.3.1 Action Taken
This action was directed by the Chief of Police to ensure compliance with the City’s previously
agreed upon settlement. 22

4.1.3.2 Basis for Action Taken
Five of the fifteen shootings involved in this study had indications of mental health issues. It is
entirely possible that even more of the incidents may have involved mental health factors.
However, our OIS investigations have not necessarily been conducted with a focus on
identifying these types of issues. The department must continue to provide ongoing training to
department members to ensure compliance with the settlement and to be able to provide the
maximum level of service to the community.
It is critical that first line supervisors receive this type of training in order to effectively direct
subordinates who are dealing with persons in crisis. Field supervisors and line officers who are
untrained can inadvertently escalate these tenuous situations through actions and tactical
decisions that may antagonize the subject and heighten their state of anxiety.
Patrol units and their immediate supervisors will be making the critical initial contact with the
person in crisis. It is imperative that they have a fundamental basis of knowledge that assists
them in:

21

22

•

Identifying individuals with mental health issues or in personal crisis.

•

De-escalating the incident by employing the skills and techniques taught in this week
long training, maintaining a calm and helpful climate during contact.

As a result of a negotiated settlement in a 2001 OIS involving a mentally ill subject, the SFPD agreed to a one
week course in crisis intervention for all department members.
Ibid.
42

San Francisco Police Department

•

Officer-Involved Shooting Study

Assisting the affected person and their family in gaining the most appropriate assistance
through referral within the mental health network.

4.1.3.3 Method of Implementation
•

Increase the number of regularly scheduled sessions of the 40-hour Crisis Intervention
Training to comply with the agreed upon settlement.

•

Identify all members of the Operations Bureau, officers and supervisors that have not
received the Crisis Intervention Training and schedule them for an available session
within 18 months.

•

Initiate a one-day refresher course through C.P.T. (Continual Professional Training) or
through CIT for prior graduates of the training. This recognizes the need to maintain their
skill level and support for this approach to dealing with persons in mental health crisis.
This is a perishable skill and the referral information must be updated constantly.

•

Implement regular roll call training that not only reviews the skills and techniques taught
in the 40-hour course, but also updates members on the resources and facilities
available to those with mental health issues.

4.1.4

OCC Recommendation 23

Deploy Specialized Police Officers to Improve Response to Incidents Involving People with
Mental Illness.

4.1.4.1 Basis for Recommendation
According to the June 2002 Criminal Justice Mental Health Consensus Project Report, an
unprecedented national effort coordinated by the Council of State Governments, people with
mental illness are significantly overrepresented among the segment of the population in contact
with police officers and other members of the criminal justice system. The Department
frequently responds to calls for service involving mentally ill individuals in crisis. These calls are
frequently time-consuming and complex and often require on-scene expertise in mental illness
and their manifestations for effective incident management. The outcome of these encounters
significantly impacts the mentally ill individual and their family, the officers, and the larger
community. Encounters resulting in serious bodily injury or loss of life provide a strong impetus
to reevaluate response options for front-line officers.
Over 20 years ago, the Memphis Police Department originated the Crisis Intervention Team
(CIT) model to train and deploy specialized police officers to handle incidents involving people
with mental illness. Selected patrol officers (10 to 20 percent of those assigned to patrol) receive
extra training to handle crisis situations. These officers are first responders to calls for service
involving mentally ill individuals in crisis.

23

Submitted by O.C.C. Executive Director Joyce M. Hicks, Esq. and Samara Marion, Esq., O.C.C. Policy Analyst.
43

San Francisco Police Department

Officer-Involved Shooting Study

Commenting on the effectiveness of the Memphis's CIT model, a U.S. Department of Justice
COPS report observed:
Response times are generally under 10 minutes, the CIT officers handle 95
percent of all mental disturbance calls, regular patrol officers support the
program, police time spent waiting for mental health admissions is dramatically
down, arrest rates of people with mental illness are low, referrals to treatment are
high, police-caused injuries suffered by people with mental illness are down,
officer injury rates are down, and call-outs of the Special Weapons and Tactics
team are down.
As a recent Council of State Governments and Police Executive Research Forum report noted,
"specialized responses to people with mental illnesses are an outgrowth of community policing
and as such should reflect a partnership between a law enforcement agency and other
stakeholder groups and individuals. To enhance the Department's ability to effectively respond
to calls for service involving mentally ill individuals in crisis, the OCC suggests collaborating with
the Department's hostage negotiation team, its Psychiatric Liaison officer, the San Francisco
County's Mobile Crisis Treatment Team, and other relevant stakeholders to design and
implement a CIT program of first-responder officers who have special mental health training.

4.1.4.2 Method of Implementation
•

Identify stakeholders and convene multi-disciplinary group to develop the response
program's design and objectives.

•

Revise Department General Orders 6.14, “Psychological Evaluation of Adults,” and DGO
7.02 “Psychological Evaluation of Juveniles,” to reflect protocol for CIT program of firstresponder officers with special mental health training.

•

Revise Department General Order DGO 8.02, “Hostage and Barricaded Subject
Incidents,” to include protocols for mentally ill individuals who are not subjects.

•

Develop and implement specialized training.

•

Identify performance measures based on program goals and collect and analyze data as
to program's success in achieving its goals.

4.1.5

Supervision & Management Training

Supervisors play a key role in the proper control of OIS scenes and in aiding the investigations
that follow.

4.1.5.1 Use of Force Investigations
An officer’s use of firearm during an OIS is a reportable use of force under Department General
Order 5.02, “Use of Force.” In addition to firearm use, officers are required to report non-firearm
uses of force as follows:
•

Physical control, when the person is injured or claims to be injured,

•

Liquid chemical agent, when sprayed on or at the person,

•

Department-issued baton, when the person is struck or jabbed,

•

When the officer strikes a person with fist, flashlight, or any other object,

•

Use of Carotid Restraint.

44

San Francisco Police Department

Officer-Involved Shooting Study

4.1.5.2 Incident Command Training
The Department has provided incident command training to supervisors to equip them with the
ability to manage incidents and events that require coordination of multiple units in an involved
area of operation. OIS’s present challenges similar to those of any shooting crime scene, where
an area must be cordoned off so as to exclude the public, injured persons must receive
treatment, threats must be neutralized, witnesses located and interviewed, and evidence
gathered – often in the presence of a gathering crowd and arriving media.

4.1.6

Implemented Change: OIS Training for Supervisors at OIS Scenes

4.1.6.1 Action Taken
This action is directed by the Chief of Police and is based upon findings of this study.

4.1.6.2 Basis for Action Taken
In order to implement the changes recommended by this report, and to provide ongoing training
to improve the knowledge and skills of supervisors pertaining to their responsibilities at officerinvolved shooting scenes.

4.1.6.3 Method of Implementation
The Training Division shall:
1) Develop roll-call training for all members explaining the shooting officer’s responsibilities
and supervisory responsibility at officer-involved shooting scenes. This training will
explain:
•

The proper use of the Incident Command System (ICS) at all officer involved
shooting scenes.

•

The proper method of obtaining a public safety statement and adhering to Peace
Officers Bill of Rights (POBR), while separating members involved in shooting.

•

The follow-up investigative process to reinforce the need for crime scene
preservation and the chain of custody of firearms involved.

This roll-call training will be mandatory for all members.
2) Develop and conduct a four-hour training segment for sergeants at Continuing
Professional Training (CPT) that will be taught in the “force-on-force” format, providing
them with an interactive crime scene that they will have to direct and control.

4.1.7

Implemented Change: Training for Building Searches

This action was directed by the Chief of Police based upon the recommendation of this study in
conjunction with the OCC.

4.1.7.1 Recommendation24
Although the Department provides training on how to conduct a building search, locations
involving dark, confined areas, high density housing and abandoned buildings pose additional
challenges. The OCC recommends that the Department develop written materials and training
to address more comprehensively tactics for conducting building searches and retrieving
individuals from confined areas.
24

Submitted by O.C.C. Executive Director Joyce M. Hicks, Esq. and Samara Marion, Esq., O.C.C. Policy Analyst.
45

San Francisco Police Department

Officer-Involved Shooting Study

4.1.7.2 Method of Implementation
•
•

Develop written guidelines and training materials that emphasize other less than
lethal weapons.
Incorporate into the Force Options training scenarios involving appropriate tactics
for removing individuals from a confined space, including the following:
o How to devise and coordinate a plan for a building search, including
reassessment of the plan and an exit strategy;
o Risk assessment that evaluates both officer and civilian safety concerns,
especially when officers are entering a dark, confined area;
o The role of the supervisor to determine appropriate procedures, particularly
when officer and civilian safety risks are high; and
o Appropriate tactic for retrieving an individual from a confined space, such as the
deployment of the canine unit, the extended range impact weapon, hostage
negotiators, and tactical assault teams.

46

San Francisco Police Department

Officer-Involved Shooting Study

5 Controlling the Scene of an Officer Involved
Shooting
The control of an OIS scene is crucial to ensure injured persons receive prompt treatment;
witnesses are located and interviewed before they disappear; valuable evidence is recovered
and properly processed.

5.1

Implemented Change: Public Safety Statements

Supervisors responding to the scene of an OIS must ascertain quickly the extent to which public
safety has been affected and continues to be affected. They must ask the involved officers at
the scene who has been injured, if there is a subject or outstanding weapons that continue to
threaten public safety. The answers provided to the supervisor by involved officers are accorded
special evidentiary status in court and are referred to as “public safety statements.”

5.1.1

Action Taken

Develop and distribute standard formatted questions to be used by field supervisors when
obtaining public safety statements from officers immediately following an OIS incident.
This action was directed by the Chief of Police based upon a recommendation by this study in
conjunction with the San Francisco Police Officers Association.

5.1.2

Basis for Action Taken

In the immediate aftermath of an officer-involved shooting, it is imperative for the first supervisor
arriving on the scene to obtain vital information regarding the nature of the event at hand, and
any danger that might still exist for the community and for law enforcement members. It is also
incumbent upon the supervisor to determine the size of the crime scene to be secured, the
resources necessary to secure the scene, and the relevant information to be broadcast if
subjects are still outstanding.
While police officers have a Fifth Amendment right against self-incrimination like any other
person, they also have an obligation to the department to explain the immediate impact of their
actions and dangers that may still exist following the event.

5.1.3

Method of Implementation

1) The department shall develop a pocket-size card with a public safety statement that can be
distributed to each officer, supervisor and manager.
2) The department in consultation with the other stakeholders will make agreed upon
recommendations regarding the public safety statement and guide.
• One side of the card should contain an agreed upon public safety statement, such
as:
o Is anyone injured? Where are they?
o In what direction did you shoot? With which firearm?
o Approximately how many rounds did you fire and in what direction did you fire them?
o Approximately where were you when you fired the rounds?
o Do you know if anyone else discharged a firearm? Where are they? In which
direction did they shoot?
47

San Francisco Police Department

Officer-Involved Shooting Study

Are there any outstanding subjects? If so, what is their description, direction, and
mode of travel? How long have they been gone? What crime(s) are they wanted for?
What weapons are they armed with?
o Are you aware of any witnesses? What is their location?
o Can you identify the crime scene including all weapons and prospective
evidence?
The other side of the card should contain orders from the supervisor following the
public safety statement that would order the officer not to discuss the event with any
member or person, except their attorney, prior to their interview with the Homicide
Detail investigators and the District Attorney’s office.

o

•

3) The department shall issue a Bulletin notifying members of the purpose of a public safety
statement and of the distribution of the public safety statement cards.

5.2

Implemented Change: Supervisory Response to Officer-Involved
Shooting Scenes

At present, there is no requirement for a captain or above to immediately respond to an OIS.
The current department practice is for a commissioned officer to respond if available. However,
when unavailable, a non-commissioned officer (sergeant) may be left to manage the OIS scene.

5.2.1

Action Taken

Establish a mandatory response by a captain or above for all OIS scenes.
This action is directed by the Chief of Police and is based upon findings of this study, and
recommendations previously made by PERF.

5.2.2

Basis for Action Taken

Officer-involved shooting scenes are hectic, and very often emotionally charged environments
requiring immediate preservation and supervisory control. It is imperative that proper
notifications are made, department policy and procedure is followed, and accountability
established after the crime scene is secured.
In order to provide the appropriate level of authority commensurate with responsibility, it is
necessary to have a high-ranking commissioned officer present at the scene and treat each
officer-involved shooting scene as a critical incident utilizing the ICS incident management
model.

5.2.3

Method for Implementation

Amend Department General Order 8.11, F. to reflect this recommendation.

5.2.3.1 Recommended Procedure for First Response Supervisors
5.2.3.1.1 Supervisor Duties upon Arrival
•

Secure the scene, assume command, and set up a command post,

•

Ensure aid is given to any injured party,

•

Coordinate the apprehension of any outstanding subjects,

•

Designate crime scene log officer,

•

The crime scene will be under the control of the Homicide Detail,
48

San Francisco Police Department

Officer-Involved Shooting Study

•

Direct officers to begin a canvass for witnesses and document all persons contacted,
even those who deny being a witness. Coordinate with Homicide Detail witness
interviews,

•

Determine if there are any video or surveillance cameras at or near the scene,

•

If more than one member is involved in the discharge of a firearm, the members shall be
kept separate. A supervisor shall be assigned to assist and monitor each involved
member,

•

Make required notifications.

5.2.3.1.2 Obtaining Public Safety Statements from the Involved Members at the Scene
•

Scope of questions appropriate for a public safety statement (see section 5.1.3, above,
for a discussion of the public safety statement card).

•

Supervisors should not ask why or how the involved members reacted to the incident.

•

An officer does not have a right to wait for representation prior to answering these limited
questions. Due to the immediate need to take action, this statement shall be ordered if
not provided voluntarily.

•

Encourage the officer to contact their family to inform them of the circumstances.
However, direct involved members not to discuss further the facts or details of the
incident with anyone until they have retained legal representation and are interviewed by
investigators from the Homicide Detail, the District Attorney’s office, and the
Management Control Division.

•

The supervisor who obtained the public safety statements, absent exigent
circumstances, shall remain at the scene to provide information to responding
investigators.

5.2.3.1.3 Involved Member Procedures
•

Involved members shall remain separate from one another and not discuss the incident
with one another prior to being interviewed by investigators.

•

When members are transported from the scene they shall be accompanied by a
supervisor and shall be taken to a department facility. If possible, coordinate with
Homicide Detail where the members should be taken.

•

When officer safety permits, members shall de-cock, holster and strap in their firearm.
At the direction of Homicide investigators, firearms discharged in a shooting shall be
seized by Crime Scene Investigations (CSI) as evidence. Replacement firearms will be
issued to members by the Police Range staff. In cases involving rifles or shotguns, the
firearm shall be placed on “safe” and isolated in a secure location.

5.2.3.1.4 Incident Report Requirements
•

On-scene supervisor shall designate an officer to prepare the initial incident report.

•

Officers preparing the incident report shall discuss with the Homicide Detail team
members the nature of the information to be included in the initial incident report.

•

Record the incident in the Use of Force Log.

•

An on-scene commissioned officer shall sign the report as the “OIC Approving.”

49

San Francisco Police Department

Officer-Involved Shooting Study

6 Investigation Procedures
Officer involved shooting investigations require the participation of several units from this
department, as well as other municipal agencies, each with a specific role and timeline 25 to
follow.

6.1
6.1.1

Officer Involved Shooting Investigation Procedures
Current Practice

Officer-involved shooting cases mandate two separate types of immediate investigations,
criminal and administrative.

6.1.1.1 Criminal Investigation
The first type of investigation is criminal in nature, to ascertain if there was criminal conduct or
criminal negligence on the part of the officers involved. There are two independent criminal
investigations immediately undertaken by two different law enforcement agencies:
•
•

The San Francisco Police Department Homicide Detail
The San Francisco Office of the District Attorney

The criminal investigation is not limited to just the local domain. If significant issues arise
regarding the shooting, state and federal participation is possible:
•
•

State of California, Department of Justice, Office of the Attorney General
United States Department of Justice, Federal Bureau of Investigation

6.1.1.2 Administrative Investigation
The second type of investigation is administrative in nature to determine if there was a violation
of San Francisco Police Department policies or procedures by the members involved.
Administrative Investigations are conducted by two separate entities.
•
•

The San Francisco Police Department Management Control Division
investigation begins immediately after the shooting.
The Office of Citizen Complaints investigation begins upon an independent
allegation of police misconduct by a civilian any time after the event. (O.C.C.
Investigators immediately respond to the shooting scene and observe, but do not
actively investigate at that time.)

It is very important to note that even though initially three separate units have active
investigations taking place at the scene of the shooting, and in the days and weeks that follow,
the Office of Citizen Complaints may also join the investigative effort, the flow of information
from the investigative process flows only from the criminal investigation to the administrative
investigation and not in the other direction.
Like any other person, San Francisco Police Officers are entitled to their Fifth Amendment rights
against self-incrimination when they are the subject of a criminal investigation and are therefore
entitled to representation by an attorney prior to speaking to the criminal investigators. Also like
25

An investigative and administrative process flowchart is provided in the Appendix.
50

San Francisco Police Department

Officer-Involved Shooting Study

any other person, they are not obligated to speak with the criminal investigators from the SFPD
Homicide Detail and the Office of the District Attorney, if they choose not to.
Unlike other persons, peace officers do not enjoy the same protection against self-incrimination
when being interviewed by their employer regarding matters pertaining to their employment. As
peace officers in the State of California, members of the San Francisco Police Department
receive specific protections under §3300 of the California Government Code, the Peace
Officer’s Bill of Rights. However, §3303 (h) of the California Government Code provides for the
employer’s ability to obtain a compelled statement from an officer under investigation. These
statements can be compelled by the issuance of a Lybarger Admonition.
The administrative investigator (from Management Control Division) would begin the Lybarger
admonition by recognizing the employee’s constitutional right to remain silent by reading the
Miranda Warning to the officer. If the officer invokes their Fifth Amendment rights against selfincrimination under Miranda, the administrative investigator proceeds by reading the Lybarger
Admonition. This admonition informs the member that:
•

While you have the right to remain silent with regard to any criminal investigation, you do
not have the right to refuse to answer my questions administratively.
• This is an administrative investigation. I work for the Management Control Division of
the San Francisco Police Department. I have been designated by the Chief of Police to
conduct this investigation. I am therefore ordering you to answer all of my questions
fully and honestly.
• If you refuse to answer my question, your silence can be deemed insubordination and
result in administrative discipline, up to and including termination.
• Any statement you make under compulsion of threat of such discipline is for
administrative purposes only and cannot be used against you criminally.
• Your statements and information gathered will be held confidential consistent with
California Penal Code §832.7, and information gathered will not be divulged except as
required by law.
This information is presented to demonstrate the degree of contrast between the two types of
investigations as they pertain to an officer’s rights. It is therefore necessary for the criminal and
administrative functions to maintain a one way flow of information. The investigator from the
Management Control Division receives all information garnered during the criminal investigation
by the Homicide Detail. The Homicide Detail investigator receives no information from the
Management Control Division investigator.
• The voluntary statement given to the Homicide Detail by the involved officer is given to
the Management Control Division and is used as part of the administrative investigation.
•

The compelled statement given to the Management Control Division by the involved
officer cannot be given to the Homicide Detail and cannot be used as part of the criminal
investigation.
o

The compelled statement can be used against the involved officer in a criminal
prosecution if that officer chooses to testify. The compelled statement can then
be used to impeach that officer’s testimony.

o

The compelled statement taken from an involved officer can be used against the
involved officer, or any other officers in an administrative hearing.

51

San Francisco Police Department

Officer-Involved Shooting Study

The City Charter and Department General Orders require San Francisco Police Officers to
cooperate fully with the Office of Citizen Complaints during its administrative investigations,
including officer-involved shootings that are the subject of a civilian complaint.
San Francisco Police Department members traditionally have provided voluntary statements
during the criminal investigation. In many police departments throughout California, members
invoke their Fifth Amendment right against self-incrimination and insist that all statements be
compelled under a Lybarger Admonition.
By willingly providing voluntary statements during the criminal investigation, the members of the
San Francisco Police Department add a basic layer of transparency to the investigative process.

6.1.2

Activities Following an Officer Involved Shooting

When an officer-involved shooting incident occurs, the following activities should take place.

6.1.2.1 First Twenty-Four Hours
1. Involved Officers would immediately assess the scene:
a. Notify Emergency Communication Division (ECD) of the officer-involved
shooting, and broadcast relevant information regarding outstanding subjects,
and request emergency assistance as necessary.
i. ECD notifies the SFPD Operations Center.
ii. SFPD Operations Center provides notifications to SFPD Investigative
Units, and outside agencies as mandated in D.G.O. 8.11.
b. When danger has passed, immediately de-cock, holster, and strap in firearm,
and render any rifle or shotgun safe.
c. Render immediate first aid to injured persons.
d. Establish a perimeter for the incident scene, leaving physical evidence
undisturbed pending arrival of investigative units.
i. Weapons and physical evidence may only be moved and secured for
safety reasons or in the event of exigent circumstances.
ii. When weather conditions threaten the integrity of physical evidence,
every reasonable effort shall be made to protect evidence in place.
Items of evidence may be moved if they cannot be reasonably
protected in place.
e. Identify witnesses present, request that they remain at the scene.
2. Supervisor arriving at the scene shall:
a. Ensure that injured persons are tended to and emergency assistance
responds as necessary,
52

San Francisco Police Department

Officer-Involved Shooting Study

b. Obtain a public safety statement from the officers as described in section
5.1.3, above.
c. Order officers who discharged their firearms not to discuss the shooting with
anyone until they speak with their attorney, and are subsequently interviewed
by investigators from Homicide Detail and the Office of the District Attorney,
or MCD.
d. Separate officers involved, and transport away from scene if necessary.
Transportation to be performed by a supervisor who will ensure that the
officers do not communicate with unauthorized persons.
e. Evaluate the perimeter established and expand the area if deemed
necessary.
f.

Supervise the incident scene, and be responsible for the incident scene until
the arrival of the Homicide Detail. Identify evidence and ensure that it is left
undisturbed until processed by Crime Scene Investigations (CSI).

g. Limit access to incident scene to emergency personnel needed within the
perimeter and designate an officer to maintain the crime scene log.
h. Ensure that all witnesses remain at the scene or are transported to a police
facility, if they consent. If witnesses insist on leaving the scene prior to being
interviewed, every attempt shall be made to properly identify them.
i.

Check for video or fixed cameras at or near the scene.

j.

Contact SFPD Operations Center and provide them with updated information
regarding the event.

3. Homicide Detail team members’ arrival at incident scene:
a. The Officer-in-Charge of the Homicide Detail (or their designee) will assume
command of the incident scene upon arrival.
b. Homicide Detail team members will meet with the supervisor in charge of the
incident scene and obtain pertinent information (if officers involved are not
present).
c. Homicide Detail team members will meet with the on-call Assistant District
Attorney and the D.A. investigators assigned to the case, and the M.C.D.
investigator upon their arrival at the incident scene.
d. Homicide, D.A., and M.C.D. investigators will meet with Crime Scene
Investigations (CSI) and Photo Lab personnel to:
i. Discuss the incident scene and identify all items of evidence.
ii. Identify evidence to be processed at the scene and that which will be
processed in the laboratory later.
53

San Francisco Police Department

Officer-Involved Shooting Study

iii. Identify the physical environment and items of evidence to be
photographed.
e. Criminal investigators from the Homicide Detail and Office of the District
Attorney will jointly interview witnesses at scene. If this is not practical,
witnesses may be transported to a District Station or the Homicide Detail.
i. All interviews are audio recorded by both the Homicide Detail and the
Office of the District Attorney.
ii. Involved officers are always interviewed last to ensure that
investigators have as complete a picture as possible prior to
interviewing the involved members.
f.

Prior to the incident scene being secured, the Officer-in-Charge of the
Homicide Detail or the designated Homicide Detail team member assigned to
the incident scene will conduct a walk-through of the incident scene with the
on-call representative of the Office of Citizen Complaints.
i. This practice allows the O.C.C. an opportunity to observe the incident
scene, even though at this point they will not have an active
investigative function. Should a complaint be received, they will have
a basic understanding of the circumstances and environment in which
the incident occurred.

g. Homicide Detail and representatives from the Office of the District Attorney
return to the Homicide Detail.
i. Interview the witness officers (who are not entitled to legal
representation).
ii. Interview the involved officer(s) who are represented by legal counsel.
iii. If time does not allow for these officers to be interviewed on the same
day as the incident, designated interview times will be determined for
each officer within twenty-four hours of the incident. Officers will be
directed not to discuss the incident until interviewed by Homicide
Detail team members and District Attorney representatives.
h. Brief Media Relations Unit and/or representative of the Chief of Police
regarding the status of the investigation.
i.

Crime Scene Investigations will take possession of discharged firearms from
the officers involved.

j.

Police Range personnel will replace the service firearm prior to the officer
leaving the Homicide Detail.

k. M.C.D. representative will make an appointment for the officer(s) to respond
to Management Control Division for administrative interview if necessary.
54

San Francisco Police Department

Officer-Involved Shooting Study

4. Office of the District Attorney
Even though the Office of the District Attorney conducts an independent criminal
investigation, they are dependent upon the Forensic Sciences Division of the S.F.P.D.
and the San Francisco Medical Examiner for much of the evidence they will base their
final findings upon. It is for that reason they are very involved in the preliminary stages
of the criminal investigation with the Homicide Detail.
a. On-call Assistant District Attorney and members of D.A. Investigations
respond to incident scene and meet with Homicide Detail team members.
i. Immediately walk through incident scene with Homicide Detail team
members and observe conditions of scene and evidence present.
ii. Confer with Homicide Detail team members regarding collection and
documentation of evidence items.
b. Directly participate in the interview of witnesses and officers involved.
c. Confer with Homicide Detail team members regarding investigative process
to follow.
5. Crime Scene Investigations
a. Respond to incident scene and confer with Homicide Detail and District
Attorney representative,
b. Locate, document, and collect physical evidence present,
c. Prepare crime scene sketch with location of evidence items and accurate
distance measurements.
6. Behavioral Sciences Unit
a. Upon notification by SFPD Operations Center, members of the Critical
Incident Response Team (CIRT) respond to the incident scene, station or
hospital to assist the involved members and offer psychological support.
b. Members of CIRT are present as peer support only and are prohibited from
discussing the incident or circumstances surrounding the event.
7. Media Relations Unit
a. Responds to incident scene and upon conferring with Homicide Detail
investigators and command staff, provides releasable information to the
media.
b. Establishes one member of the unit who will not appear on camera during the
investigation to act as liaison with the family of the individual shot during the
incident. A member of this unit is utilized in this capacity as they have access
to the most recent information regarding the investigation. The liaison will
55

San Francisco Police Department

Officer-Involved Shooting Study

attempt to establish contact with the family within the first twenty-four hours if
circumstances permit.
8. Office of the Chief Medical Examiner when fatality occurs:
a. The San Francisco Office of the Chief Medical Examiner will dispatch a
Medical Examiner and Medical Examiner Investigators to the incident scene.
i. The San Francisco Office of the Chief Medical Examiner is one of the
few agencies that dispatch a Medical Examiner to the incident scene.
This serves two purposes:
1. It provides an expert resource to the criminal and
administrative investigators at the scene.
2. It also provides the Medical Examiner performing the autopsy
with a complete picture of the event that led to the fatality.
ii. When the processing of the event scene is complete, the Medical
Examiner’s investigator will remove the deceased person(s) and
transport them to the Medical Examiner’s Office.
iii. The Medical Examiner’s investigator will formally notify the next-of-kin
of the deceased person.
iv. The Medical Examiner will conduct an autopsy on the remains, and
collect:
1. Biological evidence for toxicological examination.
2. Physical evidence, such as spent bullets.
v. The Medical Examiner will write a final Autopsy Report in the weeks
that follow, documenting the results of their examinations and testing.

6.1.2.2 First Ten Days
1. Involved Members
a. Participate in mandatory debriefing with Behavioral Sciences Unit,
b. Respond to Police Range for a post-discharge firearm debriefing,
c. Respond to Academy for a modified force options training course.
Note: Training is not to be considered punitive,
d. Obtain audio of interview with Homicide Detail,
e. Interview with Management Control Division,
f. Assigned to their respective Bureau Headquarters for a minimum of ten calendar
days. (The member can be scheduled to complete the above listed requirements
during this time.) Members shall not be returned to their regular duty until the
Police Commission has met in closed session with the Chief of Police.

56

San Francisco Police Department

Officer-Involved Shooting Study

2. Homicide Detail
a. Team members will conduct a meeting within seventy two hours of the incident
with the Office of the District Attorney, Crime Scene Investigations, Forensic
Services Division, and other offices and disciplines to determine:
i. Laboratory testing and analysis to be performed on evidence obtained.
ii. Timelines for test results.
iii. Additional witnesses to be interviewed.
iv. Other investigative actions to be taken.
b. Obtain sample of injured person(s) blood from San Francisco General Hospital
(First Blood) for toxicological examination.
c. Continue witness interviews as necessary.
d. Provides involved officers with copy of their criminal interview prior to their
interview with M.C.D.
3. Office of the District Attorney
a. Meet with Homicide Detail investigators and review the status of the evidence
that has been collected, as well as the witness and involved officer statements.
b. Obtain copies of all relevant case documents including supplemental reports,
Chronological Record of Investigation, Laboratory Requests, and diagrams.
c. Agree on evidence to be submitted for further analysis and testing.
d. Identify timelines for expected laboratory test results.
e. Agree on additional statements to be obtained, participate in interview of
additional witnesses.
4. Forensic Services Division
a. Receive evidence collected and booked by Crime Scene Investigations.
i. Conduct ballistics examination of every expended shell casing and spent
bullet collected and match them to the donor firearm.
ii. Examine all department issued firearms for adherence to trigger pull
standards and inspect for unauthorized modifications.
iii. Verify that the ammunition used by members was department issued
ammunition.
iv. Perform DNA testing as requested.
v. Perform other testing and analysis as requested.
5. Media Relations Unit
a. Receive relevant updates on investigation in response to media inquiries and as
a basis for conveying information to the family of the individual shot during the
incident.
b. Designate a member to be liaison to the family of the individual shot during the
incident. Establish contact with the family if it has not already occurred and
promptly provide the family with information about SFPD and Medical Examiner’s
Office procedures, crime scene processing, processing of the deceased
individual and his or her property, the agencies conducting investigations into the

57

San Francisco Police Department

Officer-Involved Shooting Study

fatality and their respective roles, and relevant SFPD policies 26. Maintain
availability to the family and provide information to them on a regular basis.
6. Office of the Chief Medical Examiner
a. Notify Homicide Detail team members of any physical evidence collected during
the conduct of the autopsy.
b. Arrange to have clothing evidence booked into Property Control Section for
transfer to Forensic Services Division.
7. Behavioral Sciences Unit
a. Conduct a mandatory debriefing with the involved officers (within 72-hours if
possible).
b. Assess member’s ability to return to duty or continued need to be detailed to
BSU to receive additional support.
c. Depending upon the nature of the event, offer an opportunity to attend a
debriefing to dispatchers and other first responders involved in the incident.
Such group debriefings are voluntary attendance for involved outside agencies.
Attendance at the debriefing is mandatory for involved SFPD personnel.
d. Participate in the return to duty hearing for the members involved.
8. Return To Duty Panel
a. Conduct a return to duty hearing (within five business days of event) for the
member involved including:
i. Assistant Chief of Administrative Services Bureau, Chair,
ii. Assistant Chief of the Bureau of the member involved,
iii. Commander of member involved,
iv. Commanding officer of the member involved,
v. Director of Risk Management,

26

On August 11, 2004, pursuant to Resolution 82-04, the Police Commission conditionally adopted the following
OCC recommendation concerning a SFPD liaison to families of individuals killed during an officer-involved shooting:
The Chief of Police shall assign SFPD personnel to serve as the liaison to the family of an individual killed in
an officer-involved shooting, who dies while in the custody of the SFPD or as a result of a traffic fatality
involving a SFPD vehicle or pursuit. These liaisons shall initiate contact with the family of the
deceased individual, and promptly provide them with information about SFPD and Medical
Examiner’s Office procedures, crime scene processing, processing of the deceased individual and
his or her property, the agencies conducting investigations into the fatality and their respective
roles, and relevant SFPD policies. The liaison shall be available to provide information to the family
on an ongoing basis concerning investigations by the SFPD and other agencies. The liaison would
have training relevant to the position. [emphasis added].
58

San Francisco Police Department

Officer-Involved Shooting Study

vi. Commanding officer of the Management Control Division,
vii. Officer-in-charge of the Homicide Detail,
viii. Homicide Detail investigators
ix. Management Control Division investigators
x. Behavioral Sciences Unit
b. Make recommendation to the Chief of Police regarding officer(s) return to duty.
i. Chief of Police to meet with the Police Commission in closed session at
the first Police Commission meeting held following receipt of the
recommendation.
9. Management Control Division
a. Schedule interview of involved officer(s) and witness officers.
b. Obtain information from Homicide Detail; witness interviews, crime scene
diagrams, lab requests, supplemental reports, etc.
c. Participate in return to duty hearing for involved officer(s).
d. Submit preliminary investigation to Chief of Police and make a presentation to
the Police Commission, following return to duty panel.
10. Office Of Citizen Complaints
A civilian complaint of police misconduct or improper performance initiates the OCC’s
administrative investigation into an officer-involved shooting. Within 10 days of receiving a
complaint, OCC investigators:
a. Interview the complainant.
b. Request all documents and evidence accessible through the complainant.
c. Notify SFPD of the civilian complaint.
d. Request records, documents and information pursuant to the OCC-SFPD
document protocol.
e. Request the Medical Examiner’s autopsy report.
f.

Identify and schedule interviews of witnesses.

6.1.2.3 Forty-Five Days from Incident
1. Homicide Detail
a. Submit final report to the Chair of the Firearms Discharge Review Board (per
D.G.O. 8.11, I, 1, a). The final report from the Homicide Detail is submitted to the
59

San Francisco Police Department

Officer-Involved Shooting Study

Chair of the Firearms Discharge Review Board upon receipt of all laboratory
reports regarding the examination of all physical submitted for laboratory analysis
by the Forensic Services Division.
2. Office Of The District Attorney
a. Upon conclusion of its independent investigation and receipt of all reports from
the Homicide Detail, the Office of the District Attorney will evaluate all the
evidence to determine the potential criminal liability, or lack thereof, of any party.
After completing its evaluation, the Office of the District Attorney will notify the
San Francisco Police Department of its decision in writing.
b. The Office of the District Attorney will not finalize its investigation without all
necessary reports. In the case of a fatality, the autopsy report from the Office of
the Medical Examiner must be final and part of the criminal investigation file.
3. SFPD Administrative Response To Criminal Charging Of Member
a. The accused officer is suspended from duty without pay.
• The Chief of Police has the authority to suspend an officer from duty without
pay when a member is:
o Charged with a felony,
o Charged with any serious crime,
o Charged with a violation of moral turpitude.
b. The member will remain on suspension pending:
• Resolution of the criminal prosecution,
• Adjudication of any pending administrative investigation.
c. If the member is acquitted at trial, and, there are no administrative charges
pending within the department, the member can submit a request to the Chief of
Police requesting a Return to Duty Hearing.
4. Management Control Division
a. Receive the original report submitted to the Chair of the Firearms Discharge
Review Board from the Homicide Detail. This original report to be included in the
Management Control Division investigative case file.
b. Prepare a final recommendation and report for submission to the Firearm
Discharge Review Board and the Chief of Police.
5. Office of Citizen Complaints
a. Receive and review all reports, chronologies, interviews, and evidence from
SFPD, Medical Examiner and other agencies. (OCC’s review is contingent on
SFPD’s, the Medical Examiner’s and other agencies’ completion and subsequent
disclosure of relevant documents to the OCC).
b.

Interview involved and witness officers.
60

San Francisco Police Department

Officer-Involved Shooting Study

6.1.2.4 Sixty Days From Incident
1. Management Control Division
a. Prepare and submit to the Chair of the Firearms Discharge Review Board the
completed Administrative Investigation with recommendations.
b. Submit final report to the Chair of the Firearms Discharge Review Board (per
D.G.O. 8.11, I, 1, a). If this cannot be accomplished in accordance with
established timelines, the Commanding Officer of the Management Control
Division shall appear before the Police Commission at the earliest possible
meeting to explain why this report has not been submitted. It should be noted
that the Management Control Division makes a quarterly report to the Police
Commission regarding the status of all Officer-Involved Shooting investigations.
c. A Management Control Division investigator will prepare a formal presentation to
the Firearm Discharge Review Board when an investigation is completed

6.1.2.5 Ninety Days From Incident
1. Firearm Discharge Review Board (FDRB)
a. The FDRB shall review every discharge of a firearm by a member.
b. The FDRB shall be composed of 27:
i. Member of the Police Commission, Advisory
ii. Assistant Chief of the Administrative Services Bureau, Chair
iii. Assistant Chief of the Operations Bureau (voting member)
iv. Deputy Chief of the Airport Bureau (voting member)
v. Deputy Chief of the S.F. Municipal Transit Authority (voting member)
vi. Range Master, Advisory
vii. Director of Risk Management, Advisory
viii. Director of the Office of Citizen Complaints, Advisory
c. The FDRB shall review the submitted reports from the criminal and administrative
investigations. A Management Control Division investigator will make a formal
presentation and include recommendations.
d. The FDRB shall indicate one of the following findings: In Policy or Not in Policy.
These finding shall also include a review of applicable Department policy, lack of
Department policy and recommendations for further policy adoptions.
e. Within fifteen days, the FDRB will submit to the Chief of Police, for his/her
concurrence, a written summary of its findings.
f.

27

The Chief of Police will review for concurrence and forward the FDRB’s written
summary to the Police Commission, with a copy to the O.C.C. Director, within

The Department has recently reorganized its command structure. Therefore, Department General Order 3.10 will
need to be updated to reflect those changes. The restructured FDRB members are listed above.
61

San Francisco Police Department

Officer-Involved Shooting Study

fifteen days of receipt. This summary report with the Chief’s decision shall be a
public record. No report that is made public shall disclose any information
deemed confidential by law.
g. The Chair of the FDRB shall prepare a quarterly report to the Police Commission,
and a copy to the Director of the O.C.C., that contains a summary of each
Officer-Involved Shooting and Officer-Involved Discharge, any disciplinary action
or training recommended, and proposals for modifying Department policy. This
report shall be a public record. No report that is made public shall disclose any
information deemed confidential by law.
2. Office of Citizen Complaints
a. Review FDRB’s quarterly report to the Police Commission and provide OCC’s
written response if appropriate.
b. Upon conclusion of the OCC’s administrative investigation and receipt of the
SFPD’s and Medical Examiner’s reports, interviews, and evidence, the OCC
issues written findings. In cases resulting in a sustained finding, the OCC
provides the Police Chief a written report summarizing the evidence and basis of
the findings.

6.2
6.2.1

Recommendations
Implemented Change: Homicide Detail Team Member to Confer with
Officer Making Initial Report

6.2.1.1 Action Taken
Homicide detail investigators shall confer with the officer preparing the initial report to establish
report parameters.
This action was directed by the Chief of Police based upon findings of this study in conjunction
with the San Francisco Police Officers Association.

6.2.1.2 Basis for Action Taken
Officer-involved shooting scenes are most often hectic environments with a flurry of activity
taking place in an emotionally charged atmosphere. To ensure that the most accurate initial
report regarding the incident that led to the officer-involved shooting is prepared, the officer
preparing the initial report will confer with the responding Homicide Investigators prior to
preparing it.

6.2.1.3 Method of Implementation
The Officer-in-Charge of the Homicide Detail is to prepare a Unit Order directing the Investigator
conducting the officer-involved shooting investigation, to meet with the officer that will be
preparing the initial incident report. The Homicide Detail investigator will instruct the reporting
officer as to:
•
•
•

The proper title for the initial incident report
The scope of the narrative for the initial report
The property to be booked in the initial report
62

San Francisco Police Department

•

Officer-Involved Shooting Study

Any additional information that the investigator deems appropriate

The Homicide Detail investigators will prepare the comprehensive supplemental reports that will
document the investigative activities pertaining to the shooting incident.

6.2.2

Implemented Change: Minimum Standard for OIS Investigators

6.2.2.1 Action Taken
Establish Minimum Standards for Investigators Conducting Officer-involved Shooting
Investigations.
This action was directed by the Chief of Police based upon findings of this study in conjunction
with the San Francisco Police Officers Association.

6.2.2.2 Basis for Action Taken
Recently the San Francisco Police Department has provided for significant staffing increases
within the Homicide Detail. Not all of the new personnel have attended a POST recognized
officer-involved shooting investigation course.
Given the complex nature of these types of investigations, it is imperative that those
investigators responding to officer-involved shootings have been formally trained in the
investigation of these cases.
The officer in charge of the Homicide will ensure that all investigators assigned to officerinvolved shootings have been formally trained in the investigation of these cases. Consistent
with operational needs, the officer in charge of the Homicide Detail will take steps to
immediately schedule all investigators currently assigned who have not received this training to
the first available POST certified course.

6.2.2.3 Method of Implementation
1) The officer in charge of the Homicide Detail shall prepare a unit order regarding
qualifications for conducting an officer-involved shooting investigation. The order shall state:
No investigator shall act as the lead investigator in an officer-involved shooting
investigation until he/she has attended a POST certified officer-involved shooting
investigation course, and has participated in a supporting role in a prior OIS
investigation.
Each four person Homicide Detail on-call team shall have at least one OIS
trained investigator that has participated in an Officer-involved shooting
investigation available during each on-call cycle.

6.2.3

Implemented Change: Chain of Custody for OIS Firearms

6.2.3.1 Action Taken
Collection of Firearms from Officers in Officer-Involved Shooting Investigations
This action is directed by the Chief of Police and is based upon findings of this study.

6.2.3.2 Basis for Action Taken
At the present time there is no standard policy or procedure for the timely collection of firearms
used during officer-involved shooting incidents. The lack of a standardized protocol can lead to
circumstances in which the integrity of the chain of custody could be called into question.
63

San Francisco Police Department

Officer-Involved Shooting Study

To ensure that the integrity of the investigative process is maintained and that a procedural
continuity is established, it is imperative that a clear procedure be established for the collection
of firearms following an officer-involved shooting.

6.2.3.3 Method of Implementation
1) Amend Department General Order 8.11, Investigation of Officer Involved Shootings and
Discharges:
G. CHAIN OF CUSTODY OF FIREARMS USED
The following procedure shall be adhered to in order to establish a clear chain of
custody of firearms used during an officer-involved shooting. All firearms
involved will be submitted to the Forensics Services Division for analysis,
therefore they must remain undisturbed following the shooting until turned over to
Crime Scene Investigation personnel.
1.

Handgun: When officer safety permits; de-cock, holster, and strap in
his/her firearm.
a. The member shall not unload or reload the firearm, or remove the
magazine to examine its contents.
b. Thereafter, the member shall not remove the firearm from its holster
until it is turned over to a member of Crime Scene Investigations.
c. Crime Scene Investigations may receive the firearm from the member
at the scene, or at a secondary location after the officer has left the
shooting scene. This is generally accomplished at the Homicide
Detail prior to the interview of the involved member.
d. The member shall not relinquish control of the holstered firearm until it
is turned over to a member of CSI (except in cases of clear
emergency).
e. If the member involved is injured, a supervisory officer will be
responsible for the firearm until it is turned over to C.S.I. personnel.
The firearm shall remain holstered and strapped in.
f.

2.

The department firearm will be replaced by Range personnel prior to
the member reporting off duty following the incident.

Rifles and Shotguns: When officer safety permits, place the firearm on
the “safe” position.
a.
The member shall not unload or reload the firearm, or manipulate
the action of the firearm for any reason.
b.
Thereafter, the member shall find a safe location at the scene to
store the firearm until it is turned over to Crime Scene Investigations. The
trunk of a vehicle that is not removed from the scene would qualify as a
safe location.
c.
The firearm (rifles and shotguns) should not leave the scene of the
incident (except in cases of clear emergency) prior to being turned over to
C.S.I. personnel.

64

San Francisco Police Department

6.2.4

Officer-Involved Shooting Study

Implemented Change: Forty-Eight Hour Incident Review

6.2.4.1 Action Taken
Homicide Detail investigators to conduct a mandatory comprehensive incident review within two
business days of every OIS incident.
This action is directed by the Chief of Police and is based upon findings of this study in
conjunction with the Office of the District Attorney.

6.2.4.2 Basis for Action Taken
Issues centered on OIS investigations have risen regarding:
1. The timeliness of completing the OIS investigations,
2. A review of the tactics utilized by the officers involved in the incident preceding the
discharge of the firearm;
3. An analysis of the supervision of the officers prior to the discharge:
a. Was a supervisor present at the scene prior to the shooting?
b. Should a supervisor have been present due to the nature of the incident the officers
were involved in?
c. Was proper direction being given by the supervisor regarding the incident preceding
the shooting?
4. The behavioral analysis of the subject involved.
At present, an informal practice of assembling all of the parties involved in the criminal and
administrative investigations takes place following an officer-involved shooting. There is a
distinct need to establish a protocol that mandates and schedules such a meeting.
Part of expediting completion of the investigative reports is to provide the Office of the District
Attorney with all laboratory tests and witness interviews, facilitating the rendering of a timely
charging decision.
The inclusion of Training Division personnel, to discuss and review tactics used by supervisors
and members, prior to and during the shooting incident, would provide helpful insight to both
criminal and administrative case investigators, while identifying potential training needs.
The inclusion of pre-designated outside mental health experts in cases of contacts with persons
of possible mental health issues would also contribute to the criminal and administrative
investigations, while also identifying possible training needs.

6.2.4.3 Method of Implementation
2) The Commanding Officer of the Homicide Detail shall prepare a Unit Order as follows:
a) The Unit Order shall direct that within two business days of an officer-involved shooting,
the OIC of the Homicide Detail shall convene a meeting of all members charged with the
responsibility of investigating an officer-involved shooting incident.
b) The Unit Order shall designate the OIC of the Homicide Detail as the chair, and shall
identify participants in this meeting to include at the minimum:
i)

SFPD Homicide Detail
•

OIC Chair

•

Case investigators
65

San Francisco Police Department

Officer-Involved Shooting Study

ii) Office of the District Attorney (DA)
•

Head of OIS team or on-call DA for incident

iii) SFPD Forensic Services Division
•

Forensic Services Division Director or Crime Lab Manager

•

Crime Scene Investigator(s) who processed the scene

iv) Management Control Division
•

OIC and/or case investigator

v) Office of the Medical Examiner (when fatality occurs)
vi) SFPD – CIRT
vii) SFPD – Training Division
•

Representative versed in tactical issues relevant to shooting case under
investigation

c) Outside experts as deemed necessary by the OIC of the Homicide Detail or the District
Attorney Representative
i)

Psychological Autopsy

ii) Mental Health Experts
3) Issues to be resolved at this meeting include:
a) Physical Evidence to analyzed and specific tests to be performed
b) Realistic timelines in which laboratory results can be expected
c) Agreement on additional witnesses to be interviewed
d) Agreement on additional information to be obtained
e) Assessment of tactics utilized by members prior to and during shooting event (consistent
with training protocol / reasonable application of tactics)
i)

It will be the duty of the Training Division representative to analyze the tactics used
by the officers and render a determination as to their effectiveness and propriety for
the situation encountered.

ii) Their evaluation shall be presented to the Homicide Detail in the form of an intradepartmental memorandum.
iii) This representative shall also provide training recommendations to the Department
based upon the information developed during their analysis of the incident.
f)

Assessment of possible mental issues concerning the subject
i)

Assess need for a Psychological Autopsy

4) Following the meeting, the OIC of the Homicide Detail, in his/her role as chairperson, will
prepare a memorandum to all participants outlining the agreed upon actions and time lines
for completion.

6.2.5

Implemented Change: Standardized OIS Numbering System

6.2.5.1 Action Taken
Adhere to a standardized departmental numbering system for OIS investigations involving
SFPD personnel.
This action is directed by the Chief of Police and is based upon findings of this study.
66

San Francisco Police Department

Officer-Involved Shooting Study

6.2.5.2 Basis for Action Taken
Department General Order 8.11 – H. 1 states:
Officer-involved shootings. The Homicide Detail and the Management Control
Division shall respond immediately and conduct a timely investigation into every
officer-involved shooting. These investigations shall utilize the same numbering
system, and be consistent with each other, e.g., 03-01 (first OIS of 2003) 03-02
(second OIS of 2003) etc.
As a practical matter, the SFPD Homicide Detail investigates OIS incidents involving outside
agencies (California Highway Patrol, California State University Police, etc.) that occur within
city limits. These cases are not investigated by the Management Control Division. Conversely,
the Management Control Division investigates every OIS involving SFPD personnel, even those
occurring outside of our city limits. Invariably, these two units fall out of sequence with each
other. For example, OIS 03- 2003 in the Homicide Detail might involve an outside agency, while
OIS 03-2003 in the Management Control Division might involve an SFPD officer from a district
station.
There should be no question or guess work when tabulating the number of officer-involved
shootings to date. The Department should maintain and adhere to a numbering system that
tracks officer-involved shootings for SFPD personnel separate from those involving outside
agencies.

6.2.5.3 Method of Implementation
1) D.G.O. 3.10 shall be modified as follows:
D. FUNCTION
1. The Chair of the Firearm Discharge Review Board shall maintain a Master
List of officer-involved shooting cases for each calendar year. The Chair of
the Firearm Discharge Review Board shall ensure that the independent lists
maintained in the Homicide Detail and the Management Control Division are
synchronized, and reflect the same information for each OIS number.

6.2.6

Implemented Change: Standardized Case Files for OIS Cases

6.2.6.1 Recommendation
Develop a Standardized Case File for Officer-Involved Shooting Investigations.
This action is directed by the Chief of Police and is based upon findings of this study in
conjunction with the Office of the District Attorney.

6.2.6.2 Basis for Action Taken
Officer-involved shootings are investigated by experienced investigators from the Homicide
Detail. At the present time, there is no structured format indicating how the information obtained
during these investigations is formatted, assembled, and ultimately reported. Every investigator
does it a bit differently.
While this study finds no overall problems or criticisms regarding the ultimate product presently
produced in officer-involved shooting reports, our current product could be improved by the
development and implementation of a mandatory format that every incident would follow.

67

San Francisco Police Department

Officer-Involved Shooting Study

This methodology would not only contribute to the transparency of the process, but would
provide necessary checks and balances to ensure every case investigated receives the same
degree of investigative attention and scrutiny, regardless of the degree of injury involved.
With the modification of D.G.O. 8.11, “Investigation of Officer-Involved Shootings and
Discharges,” all non-injury intentional discharges are now subject to investigation by the
Homicide Detail. An assessment offered in the final PERF report stated:
The circumstances that cause an officer to discharge a weapon are independent
of whether or not the intended target is struck. It is therefore prudent for the
department to investigate all incidents in order to assure adherence to policy,
identify training opportunities, and maintain the confidence and trust of the
community.
This mandatory standardization of investigative case files will not only provide absolute
uniformity in content, but also provides a basis for the OIC of the Homicide Detail to periodically
review the progress of investigations in an organized and expeditious fashion, with an eye to
adhering to reporting guidelines.

6.2.6.3 Method of Implementation
1) The officer in charge of the Homicide Detail shall form a committee to review the
standardized investigative case files used by other major agencies regarding officer-involved
shooting cases or like major investigations.
a) At least one member of this committee will be a representative of the Office of the
District Attorney.
2) The system developed by this committee shall include:
a) Sections for each major component of the investigation such as:
i)

Subject History

ii) Laboratory Requests
b) An overall checklist / information sheet where necessary to document compliance with
mandatory actions or necessary tasks:
i)

Obtained first blood from San Francisco General Hospital (SFGH)

c) Submitted blood for toxicology

6.2.7

Implemented Change: Proper Interview Facility

6.2.7.1 Action Taken
Establish a suitable interview facility for OIS cases.
This action was directed by the Chief of Police based upon the findings of this study in
conjunction with the Office of the District Attorney and the San Francisco Police Officers
Association.

6.2.7.2 Basis for Action Taken
The interview rooms in the investigative units within the Hall of Justice were constructed in the
early 1960’s, and were not designed with the comfort of the participants in mind. Most of these
facilities are poorly ventilated and suited for no more than four persons being present at a time.
Officer-involved shooting cases require the presence of more persons in the interview room
than would be present during a normal criminal interview process, including the following:
68

San Francisco Police Department

•
•
•
•
•

Officer-Involved Shooting Study

Officer Involved
Attorney for Involved Officer
Homicide Detail Investigators
On-call Assistant District Attorney
On-call District Attorney Investigator

The presence of this many people in the small interview rooms within the Hall of Justice makes
the effective interview of officers very difficult. When the Homicide Detail relocated to the fifth
floor of the Hall of Justice in 2005, they were able to utilize a conference room to facilitate these
interviews. This room, however, was not equipped with video-taping capability and was not
sound-proof.
To provide a professional environment in which these vital interviews can be conducted, it is
recommended:

6.2.7.3 Method of Implementation
1) The OIC of the Facilities Unit, in consultation with the officer in charge of the Homicide
Detail, shall identify a room accessible to the Homicide Detail on a 24-hour a day basis.
a) Room should be large enough and furnished to accommodate six to eight persons.
b) Room should have adequate ventilation, lighting, and proper sound-proofing.
c) Room should be equipped with state of the art recording equipment (both audio and
video)
2) The Assistant Chief of Administrative Services in consultation with the Assistant Chief of
Staff shall identify the funding necessary to accomplish upgrading or modification of the
interview room.

6.2.8

Implemented Change: Designated Waiting Areas

6.2.8.1 Action Taken
Designate locations for officers involved in officer-involved shooting incidents to wait prior to
homicide detail interview.
This action was directed by the Chief of Police based upon the findings of this study in
conjunction with the Office of the District Attorney and the San Francisco Police Officers
Association.

6.2.8.2 Basis for Action Taken
The integrity of the investigative process in previous officer-involved shooting cases has been
brought into question due to officers being transported to the Police Officers Association facility
pending their interview by the Homicide Detail. This well-intentioned effort to provide the
involved members with a familiar and comfortable environment during stressful times can
provide a critical platform for those who may question the integrity of the investigative process
and it may suggest collusion on the part of the officers and taint the investigation prior to
litigation.
Quite often, there is a lengthy delay, between the time the shooting scene is secured and the
time the involved member is interviewed by the Homicide Detail investigators. Between the
hours the officer leaves the scene of the incident, until he/she is interviewed by Homicide Detail,
where does he/she wait?

69

San Francisco Police Department

Officer-Involved Shooting Study

6.2.8.3 Method of Implementation
1) The Commanding Officer of the Risk Management Division, the OIC of the Homicide Detail,
and a designated representative of the Police Officers Association, shall form a committee
to review the options in this area.
a) Upon review of available Department facilities, the Commanding Officer of the Risk
Management Division shall prepare a report to the Chief of Police with the findings and
recommendations of the committee.
b) Facilities of employee organizations shall not be considered for this purpose.
2) A Department Bulletin will be published informing members of the agreed upon locations for
officers involved in shootings while awaiting their interview by Homicide Detail.

6.2.9

OCC Recommendation: Department Liaison to Families

6.2.9.1 Recommendation28
Department Liaison to Families Whose Members Have Been Killed During Officer Involved
Shooting, In-Custody Death and SFPD Pursuits

6.2.9.2 Basis of Recommendation
On August 11, 2004 the Police Commission conditionally adopted OCC policy
recommendations concerning the release of information (including the release of incident
reports) and the assignment of a SFPD liaison to families whose members have been killed
during an officer-involved shooting, in-custody death or pursuit. 1
Pursuant to Resolution 82-04, the Police Commission's conditional adoption of the OCC's policy
recommendations "was subject to any future amendments as recommended by the Chief of
Police after the Department and the POA meet to discuss the impact of the OCC policy
recommendation on the terms and conditions of employment." The Police Commission directed
the Chief of Police to prepare changes to the Department's General Orders for Commission
approval as necessary to implement the OCC's policy recommendation. (see Attachment A,
Police Commission Resolution 82-04).
Changes to the Department's General Orders to implement the OCC's policy recommendation
concerning the role, responsibilities and training of the SFPD liaison officer are still outstanding.
The Department and the OCC are in continued discussions concerning the release of
information in general and the incident report more specifically to families whose members have
been killed during an officer-involved shooting, in-custody death or SFPD police pursuit.

6.2.9.3 Method of Implementation
Amend Department General Order 8.11 (Investigations of Officer Involved Shootings and
Discharges), Department General Order 8.12 (In-Custody Deaths) and Department General
Order 5.05 (Response and Pursuit Driving) to include provisions that outline the role and
responsibilities of the SFPD liaison to families whose members have been killed during an
officer-involved shooting, in custody death or SFPD police pursuit.
• Implement a system for assigning SFPD liaisons to families whose members have
been killed during an officer-involved shooting, in-custody death or SFPD police
pursuit.
• Provide training to SFPD liaisons for the position.
28

Submitted by O.C.C. Executive Director Joyce M. Hicks, Esq. and Samara Marion, Esq., O.C.C. Policy Analyst.
70

San Francisco Police Department

•

Officer-Involved Shooting Study

Amend Department General Order 3.16 (Release of Incident Reports) to include
provisions consistent with Police Commission Resolution 82-04.

6.2.10 OCC Recommendation: LEP Training for Officers and OIS
Investigators
6.2.10.1

Basis of Recommendation 29

Language barriers can jeopardize both officer and public safety. As a recent Department of
Justice study on innovative language assistance practices points out, “[w]ithout dialogue, police
cannot effectively conduct investigations, build community trust, or ensure that victims will report
crime. If police do not get an accurate description of problems, their responses may be
unsuccessful or counterproductive.” 30 In the context of an officer-involved shooting incident and
investigation, it is even more imperative that an officer be able to effectively communicate with a
LEP suspect, witness and/or victim.
Under DGO 5.20, SFPD officers are required to provide free language assistance to Limited
English Proficient (LEP) individuals they encounter or whenever a LEP person requests
language assistance. The policy establishes a preference for direct communication between
LEP persons and qualified bilingual officers. If a qualified bilingual officer is not available, a
qualified civilian interpreter shall provide in person interpretation. When neither a qualified
bilingual officer nor qualified civilian interpreter is available, an officer may rely upon a telephone
interpreter.
Department General Order 5.20 prohibits officers from using children, bystanders, family
members and minors as interpreters unless exigent circumstances exist. Once the exigency is
resolved, a qualified bilingual officer or civilian interpreter must confirm or supplement
information. Officers are required to interview victims and witnesses in their primary language.
Interrogations must be recorded and conducted in an LEP suspect’s primary language. The
policy requires incident reports to indicate the primary language of the witness, victim and/or
suspect, the person providing interpretation and the manner in which interpretation services
were provided. Officers are required to provide police forms to victims, witnesses and/or
suspects in their primary language.

6.2.10.2
•
•
•
•
•

29
30

Method of Enactment

Provide training that emphasizes during OIS investigations the need to communicate with LEP
witnesses, victims, and suspects in their primary language through a qualified bilingual officer or
qualified civilian interpreter and in the absence of either, through a language line interpreter.
Identify appropriate qualified bilingual officers and qualified civilian interpreters to conduct OIS
interviews and interrogations of LEP individuals.
Provide equipment to audiotape interviews and interrogations of LEP individuals.
Provide Miranda advisements and other significant SFPD forms in the LEP individual’s primary
language.
Revise the incident report so that a LEP suspect’s primary language and manner of obtaining
language assistance is documented.

Submitted by O.C.C. Executive Director Joyce M. Hicks, Esq. and Samara Marion, Esq., O.C.C. Policy Analyst.
“Bridging The Language Divide: Promising Practices for Law Enforcement” (February 2009), The Vera Institute &
Community Oriented Policing Services, US Department of Justice.
71

San Francisco Police Department

Officer-Involved Shooting Study

7 Post-Incident Procedures
7.1
7.1.1

Recommendations
Implemented Change: Reassignment of Officers to BSU

7.1.1.1 Action Taken
Reassignment of all officers involved in officer-involved shootings to the Behavioral Sciences
Unit.
This action is directed by the Chief of Police and is based upon findings of this study in
conjunction with the San Francisco Police Officers Association.

7.1.1.2 Basis for Action Taken
At the present time, members who are involved in an officer-involved shooting are reassigned to
their respective Bureau Headquarters for a period of ten calendar days pursuant to Department
General Order 8.11, G. 4. While in this temporary assignment, members are mandated to
participate in a debriefing with members of the Crisis Incident Response Team, as well
participate in any retraining that is recommended.
Temporary assignment of all members involved in an officer-involved shooting to the Behavioral
Sciences Unit instead for ten calendar days, would:
•

Provide a more conducive environment that allows for the flexibility to accommodate
recommended retraining and debriefing.

•

Allow for more personal interaction between BSU personnel and the affected member
prior to the Return to Duty Panel recommendation.

•

Allow for a more confidential environment while interacting with BSU personnel.

7.1.1.3 Method for Implementation
1) Department General Order 8.11, G. 4. shall be modified (first paragraph)
Officers who discharge a firearm in an officer-involved shooting will be
reassigned to the Behavioral Sciences Unit. Officers shall not return to their
regular assignment for a minimum of 10 calendar days. This reassignment is
administrative only and in no way shall be considered punitive.

7.1.2

Implemented Change: Twenty-Four Hour Briefing by Chief of Police

7.1.2.1 Action Taken
Twenty-four hour press briefing by the chief of police or his/her designee following an officerinvolved shooting incident.
This action is directed by the Chief of Police and is based upon findings of this study in
conjunction with the San Francisco Police Officers Association.

72

San Francisco Police Department

Officer-Involved Shooting Study

7.1.2.2 Basis for Action Taken
Officer-involved shooting incidents are well publicized events that test the basic trust between
the public and San Francisco Police Department. It has been the past practice of the SFPD to
refrain from commenting on the circumstances of the initial findings until the final report has
been submitted to the Chief of Police.
Lacking an official response by the SFPD, the media and public are led to speculate regarding
partial information that is publicly available. Members of the San Francisco Police Department
have voiced a great deal of frustration over the department’s lack of response to comments
made by the public following officer-involved shooting cases.
Department members were recently very heartened by the actions of Chief Gascón when he
conducted a press briefing following a recent officer-involved shooting that provided the media
with preliminary information while acknowledging that the investigation was ongoing.

7.1.2.3 Method of Implementation
1) The Chief of Police or the Media Relations Officer will be briefed by the Homicide Detail
investigators regarding all aspects of the ongoing investigation.
2) A summary of the incident would be released to the media as soon as practical after the
event indicating the circumstances of the shooting, and the actions taken by the officers.
3) The media would be provided with a profile of the officers at this juncture (five-year veteran,
assigned to a particular district station, etc.) with the formal release of the officer’s names in
the days that followed.
4) This type of immediate address to the media will:
a) Demonstrate the department’s commitment to transparency,
b) Reinforce the professional response of the Department in investigating these cases,
c) Dispel misinformation and rumors within the organization.

7.1.3

Implemented Change: SFPD Notification to DPH Following OIS

7.1.3.1 Action Taken
SFPD to notify the Department of Public Health (DPH) following officer-involved shootings for
the purpose of a neighborhood mental health assessment.
This action is directed by the Chief of Police and is based upon findings of this study.

7.1.3.2 Basis for Recommendation
Officer-involved shootings are traumatic events that occur in a variety of neighborhood settings
within the City. Often these incidents involve a number of civilian witnesses who observe all or
part of the shooting.
Part of the formal notification process in our homicide investigations is to alert the Department of
Public Health so as to enable their mental health workers to perform outreach in the impacted
neighborhood. This action is performed to assess the need for the affected community
members to receive additional assistance in dealing with the emotional issues associated with
having witnessed these violent events. This action will extend this same service to persons
witnessing or impacted by officer-involved shooting events.

73

San Francisco Police Department

Officer-Involved Shooting Study

7.1.3.3 Method of Implementation
SFPD shall prepare a protocol directing the notification of the Department of Public Health by
the next business day following an officer-involved shooting incident.
The OIC of the Homicide Detail shall ensure that the notification of the Department of Public
Health following an officer-involved shooting incident is included in the protocol being
established in the standardized investigation package.

74

San Francisco Police Department

Officer-Involved Shooting Study

8 Definitional Change in Officer-Involved Shootings
and Officer-Involved Discharges
8.1
8.1.1

Workload Impact of OIS-OID Definition Change
Officer-Involved Shooting Protocol Changes

On August 28, 2009, the Department issued Department Bulletin 09-239 regarding protocol
changes related to investigations of Officer-Involved Shootings and Discharges.
The new definition of an Officer-Involved Shooting is as follows: An officer’s intentional
discharge of a firearm, intended to stop a threat, with or without physical injury or the death of a
person, or a negligent discharge that results in physical injury or the death of a person. Only
negligent discharges not resulting in injury or death to a person or shooting at an animal will still
be considered Officer-Involved Discharges.
Officer-Involved Shootings are to be investigated by the Homicide Detail and Management
Control Division. Officer-Involved Discharges are to be investigated by the Commanding Officer
of the member involved. All cases will be referred to the Firearm Discharge Review Board upon
completion.
The new definition of OIS will affect workload staffing of the Homicide Detail, MCD, and CSI.
Resources will need to be adjusted to meet the projected increase in calls for services.
The following charts compare the number of Officer-Involved Shootings and Discharges from
2005 until 2009 YTD (November 6, 2009).

8.1.2

8.1.3

Old Protocol
Year

OIS

OID

2005

4

6

2006

6

11

2007

3

16

2008

3

11

2009 YTD

4

6

TOTALS

20

50

Year

OIS

OID

2005

6

4

2006

12

5

2007

11

8

2008

7

7

2009 YTD

5

5

TOTALS

41

29

New Protocol

75

San Francisco Police Department

Officer-Involved Shooting Study

9 Appendix
9.1

Department Demographics (detail)

1·<.,",,,·;:0,, ",

•. <r
OAN FRANCISCO POLICE DEPARTMENT
D.p.Nm.nt St"i"ic, R.poN

3
"~.

,,~

Ol95

'M1rte

~

~.

,
,

~"

F.m.l.
Sut>:otal
,~.

~"

~

'M '"

•
"
•
,
,
,
,
,

",
"

,
,

F.m.l.
Sulltotal
Hi.pan'"

~"

F.m.l.

•

•

Sulltotal

A....

~"

F.m.l.
Subtotal

,. ,. .= ,

•
•
,
,

"

"
"
,
,

Filipi""

~"

F.m.l.
Sut>:otal
Nat,Am«,

.

'0' "
" '"
'N
'"
", '",
" "

'N

t.037 4H3%

'"
,eo

t .256

f>l.~I%

,.

0.S5%

" '00"
'"

2.06%

", •
" "
" ",
" "
,
",
,
"

m

'"

12.77%

~

15.51%

'"

H

'" m
" "
m
'"',
'"
,
,
•
,
,
,

F.m.l.
Sut>:otal

0_
~"

F.m.l.
Subtotal

~"
F.m.l.
SFPDTotal,
BUDGETED

,

"
,
•
, , •
"
• • • • • " •
76

"eo '"
'00

...

,.

t.41t

,,,

" ,eo"
m

'"

'«

'"

" "
'"

~"

Total.

Q 2 TOTAL

t .680

•

\.S56

9.33%

~.91%

2.74%

IH4%
t.t t %

~

15.55%

'"
"
'"
,
,•
,
,
,

5.0t%
0.47%
5..8%

O.tl%
0.2t%

.0.34%

0.00%
0.39%

t.%9 83.93%

m

,m

,-

16.07%

San Francisco Police Department

Officer Involved Shooting Study

Appendix Section 9.2 - OIS Timeline

SFPD Officer-Involved Shooting Procedure (current)

Prepared by Sgt. Tom Feledy, 11/4/2009

BSU

Officer(s)
Reassigned to
Bureau

Homicide

Incident Scene

Initiate
Investigation

Provide CIRT
Debriefing to
Officer

Within 72 hrs

Investigation – DGO 8.11 “Completed Within 45 days”

Homicide Report

Same or next
day

MCD

Initiate
Investigation

Recover Firearms
and Evidence at
Scene

Officer(s)
Interviewed

Take Custody of
Deceased at
Scene

Homicide Report

•
•
•
•

Ballistics
DNA testing of Weapons
Analysis of GSR from ME or
CSI
Weapon Operability
Off. Weapon Modifications

60-90 days

MCD Report (incl.
Homicide Report)

Chief’s Summary
Letter

Quarterly OIS
Report

Firearms DNA test
results

First
Blood

•
•
•
•
•

GSR

Photos of deceased
GSR swabs to Lab
Deceased’s clothing to Lab
Recovered Bullets to Lab
Autopsy (bullet path etc)

Minimum of 10 calendar
days (?)

RANGE
Post-Discharge
Firearms Debrief

Within 5 business days (of shooting?)

Autopsy of
Deceased, incl.
Toxicology

Up to 120 Days

Autopsy Report
(w/Toxicology)

Toxicology of nondeceased?

FORCE OPTIONS
Training

Meeting

FDR Board
Chief
Commission

Homicide Report

Investigation – DGO 8.11 “Completed within 60 days”

Homicide

SFGH?
Medical
Examiner

Tape

Non-Deceased
Subject

RTD Panel Training Div

DA’s Charging
Letter

DGO 3.10 “Within 30 cal. Days”

Quarterly Meetings
to discuss Policy
Review

MCD Report (incl.
Homicide Report)

RTD
Recommendation

Chief’s Summary
Letter

Within 120 days DGO 3.10

DA

Initiate
Investigation

Forensics
(CSI-Lab)

Officer Interviews
by Homicide & DA

Chief’s Summary
Letter

Chair of FDRB:
Report re member
actions and SFPD
policy

Closed session
meeting to discuss
Return to Duty
Report

77

Quarterly OIS
Report (incl.
outstanding CSL’s)

San Francisco Police Department

9.3
9.3.1

Officer-Involved Shooting Study

OIS Investigative Units, Profiles, and Roles
Participants

The following investigative and participating units play key roles in the OIS investigation. They
are described in more detail in the sections that follow. These profiles were submitted by the
participating units.
• Homicide Detail
• Office of the District Attorney
• Management Control Division
• Office of Citizen Complaints
• Forensics Services Division (Crime Lab and Crime Scene Investigations)
• Medical Examiner (For OIS’s involving deceased subjects or officers)
• Behavioral Sciences Unit
• Legal Division

78

San Francisco Police Department

9.3.2

Officer-Involved Shooting Study

Investigative Entities, Profile & Role

9.3.2.1 Homicide Detail
9.3.2.1.1 Mission Statement
With regard to Officer Involved Shootings, the mission of the Homicide Detail is to conduct
timely and complete criminal investigations of all Officer Involved Shootings.
9.3.2.1.2 General Duties
All investigators assigned to the Homicide Detail who are on the call out rotation are organized
into four person teams. Any team can be tasked at any point in time to conduct a criminal
investigation into the circumstances associated with an Officer Involved Shooting or an In
Custody Death. The team will submit written reports on all assigned incidents within the
timelines set forth in the applicable Department General Orders.
9.3.2.1.3 Specific Duties in OIS cases
•

Respond to all incidents; take command of the scene and the investigation. Coordinate
with and direct as appropriate Station Patrol and Investigative Personnel at the scene,
coordinate with and direct as appropriate Crime Scene and Photo Personnel at the
scene, coordinate with and direct as appropriate Additional Personnel at the scene.
Coordinate with personnel from ME, MCD, DA, OCC, and employee union and legal
representatives at the scene and during the investigation.

•

Conduct orientations of the crime scene and investigation and walk through of the crime
scene for ME, MCD, DA, OCC, and other department personnel as appropriate and at
the discretion of Homicide Investigator in command at the scene.

•

Make presentations to department personnel, public entities and media representatives
as directed by superiors in the investigative chain of command.

•

Prepare and present a formal Officer Involved Shooting or In Custody Death Report to
the Commanding Officer of Investigations.

9.3.2.1.4 Response of Unit in OIS Cases
1.
2.
3.
4.
5.
6.

On Call Homicide Team notified by Operations Center.
Respond to Scene.
Meet with Officers at the scene for incident briefing.
Walk-Through of crime scene with initial reporting officers.
Coordinate with CSI-Photo to document the scene and seize evidence as appropriate
Coordinate with Medical Examiner’s Personnel as appropriate to obtain evidence from
deceased and examine remains of deceased
7. Coordinate with Station Personnel and other investigative personnel to conduct
neighborhood canvass and develop investigative leads.
8. Conduct interviews of witnesses and personnel involved in the incident.
79

San Francisco Police Department

Officer-Involved Shooting Study

9. Conduct further investigative activities as appropriate
10. Meet within 72 hours to discuss the case to include: assigned Homicide team, Captain of
Investigations, Lieutenant of Homicide, Crime Lab, CSI, District Attorney personnel,
and/or Medical Examiner’s personnel (if necessary)
11. Discuss case with District Attorney re: criminal charges
12. Participate in criminal judicial process as appropriate
13. Compete Officer Involved Shooting or In Custody Death Report

80

San Francisco Police Department

Officer-Involved Shooting Study

9.3.2.2 District Attorney’s Office
9.3.2.3 Mission Statement
•

The District Attorney’s role in an officer-involved shooting is to conduct an independent
criminal investigation. The purpose of the District Attorney’s investigation is to accurately,
thoroughly, and objectively determine the potential criminal liability, or lack thereof, of any
party involved.

9.3.2.3.1 General Duties
•

The District Attorney conducts an independent criminal investigation in officer-involved
shootings and in incidents of in-custody deaths to determine if any criminal laws have been
violated.

•

At the conclusion of the investigation the District Attorney’s Office will review and analyze all
evidence to determine if there is any criminal liability, or lack thereof, on the part of the
involved officers.

•

The District Attorney shall notify the involved law enforcement agency in writing of its
charging decision as soon as possible after the conclusion of its independent investigation.

9.3.2.3.2 Specific Duties in O.I.S Cases
•

Respond to all officer-involved shootings and in-custody deaths.

•

Conduct “walk-through” of the incident scene as soon as possible with SFPD ranking
personnel.

•

Interview all relevant law enforcement witnesses.

•

Interview all relevant civilian witnesses.

•

Obtain relevant documentary evidence.

•

Assist and consult with SFPD investigators in preserving the scene and collection of
evidence, and evaluating what other investigative steps need to be taken.

•

Ascertain the medical condition of injured personnel.

9.3.2.3.3 Response of Unit in OIS Cases (list of steps)
•

On-call OIS team notified by SFPD Operations Center.

•

Respond to scene.

•

Check-in with ranking member of SFPD Bureau of Investigations, or designee, to receive
briefing of the known facts, and conduct “walk through” of the scene as soon as possible.
81

San Francisco Police Department

Officer-Involved Shooting Study

•

Gather information on all relevant law enforcement and civilian witnesses.

•

Ascertain the medical condition of any injured parties. DA personnel shall remain at the
scene of a fatal shooting or in-custody death until the Medical Examiner arrives and
completes their investigation.

•

Ascertain status of physical evidence gathered and where located.

•

Participate in non-compelled interviews of involved officers.

•

Participate in interviews of all civilian witnesses.

•

Gather copies of reports and any other information produced by the San Francisco Police
Department. This includes all recordings of communications.

82

San Francisco Police Department

Officer-Involved Shooting Study

9.3.2.4 Management Control Division (MCD)
9.3.2.4.1 Mission Statement
The mission of the Management Control Division is to conduct timely and complete
administrative investigations of all Officer-Involved Shootings.
9.3.2.4.2 General Duties
The Management Control Division has an Officer-Involved Shooting Team. The team is
responsible for the administrative investigations of Officer-Involved Shootings, Officer-Involved
Discharges, and In-Custody Deaths. The team will submit written reports on all incidents within
timelines set forth in Department General Orders.
9.3.2.4.3 Specific Duties in OIS Cases
Respond to all incidents; coordinate with Homicide Detail and Crime Scene Investigations;
participate in Return to Duty panels; coordinate Range debriefing and any recommended
retraining; conduct administrative interviews of involved members and witnesses, if necessary;
prepare debriefing for Chief of Police and Police Commission.
Make formal presentations of all completed investigations at the quarterly meetings of the
Firearm Discharge Review Board. This board will make findings and recommendations to the
Chief of Police. Make quarterly presentations to the Police Commission of the Board’s findings.
Make quarterly presentations to the Police Commission on the Officer-Involved Shooting
Investigations Status Report. Coordinate and assist in the drafting of Chief Summary Letters
upon the completion of all Officer-Involved Shooting investigations.
9.3.2.4.4 Response of Unit in OIS Cases (list of steps)
•
•
•
•
•
•
•

On-Call OIS Team notified by Operations Center.
Respond to scene.
Meet with Homicide for incident briefing.
Walk-Through of crime scene with Homicide.
Coordinate with CSI and Photo Lab to obtain reports.
Observe Homicide interviews of involved and witness members via closed circuit feed.
Gather required information for preliminary investigation packet to be submitted the
Chief of Police. After Return to Duty Panel, attend closed door session with Police
Commission.

83

San Francisco Police Department

Officer-Involved Shooting Study

9.3.2.5 Office of Citizen Complaints
9.3.2.5.1 Mission Statement
The mission of the Office of Citizen Complaints is to promptly, fairly and impartially investigate
civilian complaints against San Francisco police officers and make policy recommendations
concerning San Francisco Police Department practices.
9.3.2.5.2 General Duties
Created by a charter amendment in 1982, the Office of Citizen Complaints is a civilian-staffed
local government agency that reports to the Police Commission. By City Charter, the OCC is
obliged to take every complaint of alleged police misconduct or improper performance made by
a member of the public, where the complaint involves one or more San Francisco Police
Department sworn members engaged on-duty. All complaints are investigated unless the
allegation on their face show proper conduct or they are outside of DCC's jurisdiction.
The OCC performs four distinct functions: (1) investigates complaints and makes findings on
those complaints; (2) mediates complaints; (3) makes policy recommendations concerning San
Francisco police practices and procedures; and (4) performs community outreach.
9.3.2.5.3 Specific Duties in OIS Cases
In all OIS cases, an on-call OCC investigator(s) responds to the incident scene for a walkthrough with a member of the Homicide Detail. The OCC Director attends the Firearm
Discharge Review Board as an advisory member. Additionally, the OCC Director receives and
reviews FDRB's quarterly report to the Police Commission and provides OCC's written response
if appropriate.
In OIS cases in which the OCC receives a civilian complaint of police misconduct, OCC
investigators request and review SFPD's and Medical Examiner's reports, interviews, and
evidence cases. OCC investigators also interview the complainant, witnesses, and involved and
witness officers. OCC investigators will conduct further investigative activities as appropriate.
Upon conclusion of the administrative investigation, the OCC prepares written findings that are
provided to the Police Chief.
9.3.2.5.4 Response of Unit in OIS Cases (list of steps)
•
•
•
•
•
•
•

On-call OCC investigator(s) notified by Operations Center
On-call OCC investigator(s) responds to incident scene for walk-through with
Officer-in-Charge of the Homicide Detail or designated Homicide Detail team member
assigned to the
OCC investigation commences upon civilian complaint of police misconduct concerning
the incident.
OCC investigator(s) interview the complainant.
OCC provides written notification to SFPD of the civilian complaint.
OCC investigator(s) request records, documents and information pursuant to the aCCSFPD document protocol.
84

San Francisco Police Department

•
•
•
•
•
•

Officer-Involved Shooting Study

OCC investigator(s) request the Medical Examiner's autopsy report.
OCC investigator(s) identify and schedule interviews of civilian witnesses.
OCC investigator(s) interview involved and witness officers.
OCC Director attends Firearm Discharge Review Board meetings as advisory member.
OCC Director receives and reviews FDRB's quarterly report to the Police Commission
and provides OCC's written response if appropriate.
Upon conclusion of the OCC's administrative investigation and receipt of the SFPD's and
Medical Examiner's reports, interviews, and evidence, the OCC issues written findings.
In cases resulting in a sustained finding, the OCC provides the Police Chief a written
report summarizing the evidence and basis of the findings.

85

San Francisco Police Department

Officer-Involved Shooting Study

9.3.2.6 Forensic Services Division
9.3.2.6.1 Mission Statement
The mission of the Forensic Services Division is to assist the criminal justice system through the
efficient and reliable identification, collection, evaluation, analysis, and comparison of physical
evidence and to provide clear, objective interpretations of all findings.
9.3.2.6.2 General Duties
The FSD is responsible for all forensic processing of crime scenes for physical evidence in the
City and County of San Francisco, which encompass local, state and federal jurisdictions.
Examples of typical duties include:
Responding to crime scenes where service is requested.
Processing, identifying and collecting physical evidence from crime scenes and
providing. photographic and video graphic services at crime scenes and other City
events or functions.
• Providing, when requested or necessary, crime scene reconstruction techniques, e.g.,
Trajectory Analysis and Bloodstain Pattern Interpretation.
• Fingerprint Processing at Crime Scenes and in the Laboratory.
• Fingerprint Comparisons in the Laboratory.
• Running and maintaining the Identification Unit.
• Running and maintaining the Automated Fingerprint Identification System (AFIS).
• Laboratory based testing in the following areas:
o Forensic Biology (DNA)
o Firearm and Tool Mark Analysis
o Controlled Substances Analysis
o Breath Alcohol Analysis
o Gun Shot Residue Analysis
o Forensic Document Examination
o Trace and Impression Evidence
9.3.2.6.3 Specific Duties in OIS Cases
•
•

•

•

Crime Scene Investigations:
o Provide scene processing, evidence collection and associated field forensic
duties, to include latent print processing, bloodshed pattern interpretation,
trajectory analysis. CSI officer is point person for securing any officer firearms
used in the OIS.
Crime Laboratory:
o Follow up forensic analysis on firearms involved in the shooting (officer(s) and
suspects)
86

San Francisco Police Department

Officer-Involved Shooting Study

o Any other of the crime lab disciplines that may assist in the investigation.
9.3.2.6.4 Response of Unit in OIS Cases (list of steps)
•

Notification through Operations Center. Response will be dependent on time of incident
(regularly scheduled shift personnel will respond if during the normal two shifts CSI
operates under (0600-1600 and 1400-0000), or an on-call representative will respond
during non-covered shift times (0000-0600).

87

San Francisco Police Department

Officer-Involved Shooting Study

9.3.2.7 Crime Scene Investigations
9.3.2.7.1 Mission Statement
The SFPD Crime Scene Investigations Unit shall observe, evaluate, document, collect, and
analyze evidence and crime scenes in adherence to established legal and scientific standards.
9.3.2.7.2 General Duties
•

Recognize and lift latent fingerprints at crime scenes and from items of evidence.

•

Determine which of those fingerprints are AFIS quality and conduct searches and
comparisons using AFIS.

•

Sketch crime scenes to show the relationship between articles of evidence.

•

Collect biological evidence via swabs, hair samples, and reference samples.

•

Interview victims and witnesses to determine possible locations of evidence.

•

Photograph crime scenes and pieces of evidence; videotape homicide and officerinvolved shooting scenes.

•

Search crime scenes for evidence; when located, mark numerically, establish
coordinates, take measurements, draw diagrams, and collect, process, and book the
items.

•

Seize clothing and other items that may contain biological and other evidence; book and
process same.

•

Document crime scene investigative work via notes, specialized reports, evidence
inventories, and diagrams; assemble and maintain these documents in unit case files.

•

Provide quality control through technical and administrative reviews of the case files
prepared by other CSI members.

•

Retrieve, analyze, and maintain video and digital evidence.

•

CSI Forensic Artist provides composite sketches.

•

Testify in court as an expert in the field of fingerprint identification and evidence
collection.

•

Advise and direct other Department members regarding evidence care and handling.

9.3.2.7.3 Specific Duties in OIS Cases
•

Investigators notified to respond to scene by Operations Center:
i)

At least two on duty investigators and one photographer; or,

ii) When after hours, one on-call investigator and one photographer.
•

Lieutenant also notified by Operations Center. One lieutenant will respond to supervise, and
will notify Crime Lab Manager and Director of Forensic Services.
88

San Francisco Police Department

Officer-Involved Shooting Study

•

Upon arrival, investigators will obtain briefing with officers on scene and homicide
investigators.

•

Prepare notes regarding conditions and observations at scene.

•

Investigators will locate and identify items of evidence with numbered cones or tape. This
process usually begins with a “walk-through” with officers and homicide investigators.

•

If necessary, inspect officer’s firearm to determine the number of rounds fired.

•

If “long guns” were fired (i.e. patrol rifle, shotgun, or ERIW) in concert with firearm, ascertain
their location and direct officers to record chain of custody, and isolate and secure them
(with safety on, but otherwise as found) at the station for retrieval by CSI members.

•

Interview witnesses to determine possible locations of evidence and the specific locations of
the witnesses when observations were made.

•

Search for bullet strikes and attempt to account for equal number of spent bullets and
casings, if applicable. Attempt to locate terminus of all spent rounds to ensure public safety
and to recover evidence.

•

If applicable, determine sources of possible latent fingerprints and process those
areas/items using a variety of chemical and physical means.

•

If applicable, identify and isolate sources of biological (DNA) evidence.

•

If applicable, locate and collect video and digital evidence.

•

Photographer will videotape and photograph scene and evidence.

•

Measure scene with roll-a-tape (outside scene) or tape measures (inside scene) and
establish “x, y, and z” coordinates.

•

Measure locations of evidence using coordinates.

•

Prepare diagram of scene.

•

Collect the items of evidence and prepare evidence inventory.

•

Before leaving scene, consult with homicide investigators and other CSI team members for
post-process review.

•

Respond to officer’s location and take possession of his/her firearm, spare magazines, and
ammunition, after “loaners” have been provided by Range staff.

•

Collect suspect’s clothing as evidence.

•

Respond to Hall of Justice and process and book items of evidence.

•

Unload firearm and record number and placement of cartridges and other data requested on
the Firearm Information Report.

•

If applicable, conduct a fingerprint comparison of the deceased at the request of the Medical
Examiner for identification purposes.

•

Assemble case file: Crime Scene Response Forms, SFPD 235 (“run sheets”), Firearm
Information Report, SFPD 235A, C.S.I. Evidence Inventory and Processing, SFPD 235E,
Chart of Scene Coordinates/Measurements of Evidence, notes from scene, photos, finished
diagram, copy of Officer Involved Shooting Log from Operations Center, CAD Event History
Detail, Crime Scene Report (typed report of observations of scene from notes).

•

Forensic Services Director, Lieutenant, Crime Lab Manager, and CSI Investigator to attend
Evidence Review Meeting within 72 hours with Homicide Investigators/Lieutenant and
Deputy District Attorney to ascertain priorities of evidence processing by CSI and Crime Lab.
89

San Francisco Police Department

Officer-Involved Shooting Study

9.3.2.8 Medical Examiner
9.3.2.8.1 Mission Statement
The legal purpose of the Chief Medical Examiner is to protect the public health and legal
requirements of the County relating to Forensic Pathology.
9.3.2.8.2 General Duties
The Office of the Chief Medical Examiner practices Forensic Pathology for the City and County
of San Francisco. The Medical Examiner is appointed by law to many responsibilities, the
foremost of which is the investigation and certification of a variety of deaths of legal or public
health interest. The Chief Medical Examiner is required, by law, to determine the cause,
circumstances and manner of death for those cases found to be under the Office's legal
jurisdiction. Those deaths that are due to the sequelae 31 of natural disease are not reportable to
the Medical Examiner, and the responsible treating physician can properly complete the Death
Certificate. However, all deaths in which there is some reason to believe that the death is not
due to a natural disease process, is a homicide, suicide, accident or one of the many types of
deaths mentioned by law, must be reported to the office. Only Medical Examiners can
investigate and sign the Death Certificate if the death is related to a homicide, suicide, accident,
a patient with no attending physician, an industrial related death, an unidentified person or
where there is some medical reason to consider that the death might be due to a contagious
disease.
In addition to the work that is performed in accordance with the various sections of local, State
and Federal Laws, examination of living persons is performed for a number of purposes. Adults
and children are examined to evaluate injuries or to collect evidence. The Forensic Laboratory
of the Office of the Chief Medical Examiner performs drug and poison analysis for the County.
This work includes analysis of blood and urine in cases of driving under the influence of alcohol
or drugs. The results of any examination or testing are often presented as expert testimony in
the criminal courts of the County.
The Medical Examiner differs from the Coroner in that the latter is a lay office, usually
associated with the Office of the Sheriff in most California Counties. The Coroner is usually not
a physician, is not trained in medicine, Forensic Pathology or Forensic Science. A Medical
Examiner is required to be a physician, certified by the American Board of Pathology in the
medical specialty of Forensic Pathology, and experienced in the Forensic Sciences. As such,
there is no Office of Coroner in San Francisco. The Office of Coroner is an ancient position that
was first established in Great Britain in 1164. The position combined law enforcement,
investigation and rudimentary medicine together for the Crown's purposes. It was the Coroner's
system that was first brought to the United States as a fledgling Country. The Medical Examiner
System is a modern replacement.

31

A pathological condition resulting from a disease, injury, or other trauma.
90

San Francisco Police Department

Officer-Involved Shooting Study

9.3.2.9 Behavioral Sciences Unit
9.3.2.9.1 Mission
The mission of the Behavioral Science Unit is to provide and coordinate psychological support
and education to all members of the San Francisco Police Department. Our role is to advise and
consult with the chain of command on the impact of psychological issues; to minimize the
negative effects of incident trauma on department members; and to assist all department
members and their dependents with access to their psychological benefits and services.
9.3.2.9.2 General Duties
The Behavioral Science Unit Oversees and Coordinates the following programs:
•
•
•
•
•
•
•
•
•

Employee Assistance Program
Peer Support Program (312 Peer Counselors)
Critical Incident Response Team (40 CIRT team members)
Catastrophic Illness Program
Psychological Professional Group of Clinicians (20 Clinicians)
United Behavioral Health
Stress Unit (Alcohol and Chemical Dependency)
Police Chaplains
Hostage Crisis Negotiation Team (35 team members)

The Behavioral Sciences Unit also performs the following functions:
Coordinates training for peer support and critical incident response, tracks peer support
contacts and referrals, coordinates CIRT responses and conducts follow-up critical
incident stress management debriefings when needed and mandated per D.G.O.8.11.
• Coordinates the evaluation and rehabilitation for members involved in the D.G.O. 11.11
Program.
• Holds monthly meetings for the CIRT team as well for the Psychological Professional
Group of Clinicians. Instructs recruits, laterals and advanced officers regarding the BSU
and its programs and resources.
• Instructs FTO’S regarding recruit stress management, and conducts Family/Partner
Training for recruits and their loved ones.
• Provides direct counseling services to members and their dependents.
• As OIC of the Hostage Crisis Negotiation Team, BSU facilitates and selects new
applicants, conducts training, coordinates response and communication between
command and officers.
• Makes staff available to members who may be in crisis on or off duty.
9.3.2.9.3 Specific Duties in OIS Cases
•

•
•
•

OIC BSU (Sgt. Dunnigan) notified by Operations Center.
On-call CIRT team notified by Operations Center.
CIRT responds to scene, station or hospital, and defuses involved
members/offers psychological support.
91

San Francisco Police Department

•
•
•
•
•
•

Officer-Involved Shooting Study

On-call CIRT team coordinates with OIC of BSU for debriefing date and time.
Teletype issued regarding details of debriefing.
Mandatory debriefing conducted within 72-hours if appropriate.
OIC of BSU to attend and participate in return to duty meeting within five days.
Recommendation that officers be detailed to BSU, if necessary.
On-going follow-up and psychological support for officers and their families.

92

San Francisco Police Department

9.3.2.10

Officer-Involved Shooting Study

Legal Division

9.3.2.10.1 Mission Statement
The function of Legal Division is to be prepared to assist the Office of the City Attorney for future
possible civil litigation in defense of the Department.
9.3.2.10.2 General Duties
• Maintain File for civil discovery
• Investigate Claims and make recommendation to City Attorney
• Make members available for civil process (depositions, trial attendance)
9.3.2.10.3 Specific Duties in OIS Cases
• Respond to Scene
• Liaison with RMO (MCD & OCC) for document production
• Ensure evidence is seized/photographs that may be beneficial for litigation
• Obtain incident report, CAD for come-up file and for claim investigation
9.3.2.10.4 Response of Unit in OIS Cases (list of steps)





On-Call Representative notified by Operations Center
Respond to OIS scene
Distribute claim forms (if necessary) to unintended victims (usually damaged cars,
houses)
Document scene for Legal Division “come-up” file

93

San Francisco Police Department

9.3.2.11

Officer-Involved Shooting Study

Psychiatric Liaison Unit

9.3.2.11.1 Mission Statement
The Psychiatric Liaison Office Unit’s mission is to provide support and education regarding
mental health issues for the San Francisco Police Department. Provides advice and consults
with officers in the field when they are addressing situations involving possible mental health
issues with a subject. The Psychiatric Liaison Unit also acts as the liaison when conflicts arise
between other San Francisco agencies and the San Francisco Police Department regarding
mental health individuals.
9.3.2.11.2 General Duties
The Psychiatric Liaison Unit Oversees and Coordinates the Below Programs
A) Case Management:
1) Read and review 250-300 monthly incident reports involving police generated 5150
W & I Code detentions.
2) Follow-up investigations of criminal reports from SID, Domestic Violence, General
Work, Arson, etc. that have a mental health aspect follow-up.
3) Firearm returns on mental health detention 5150 W&I cases.
4) Case management of MDI (mentally disturbed individual) reports from persons
(including reports by family, co-workers, neighbors etc); generally resulting in
‘outreach’ visits with mental health professionals (e.g. Mobile Crisis Treatment TeamMCTT).
5) Tarasoff Reports and their follow-ups
6) Police Academy course instruction
B) Additional responsibilities:
1) 25-30 daily telephone contacts from:
a. Members of the public
b. Mental health professionals
c. Outside law enforcement agencies
d. SFPD district station officers
e. Investigators’ Bureau personnel
2) Represents SFPD at DPH meetings
3) Coordinate problem resolution between mental health professionals (public and
private providers) and police department personnel in diversion procedures and
transportation policy problems.
9.3.2.11.3 Response of Unit of O.I.S (list of steps)
1) If time allows – PLU officer assists in gathering information on suspect’s psychiatric
history.
2) PLU-officer responds to the scene to assist where needed:
94

San Francisco Police Department

Officer-Involved Shooting Study

a. Defusing situations.
b. Gathering information on suspects.
c. Coordinating appropriate referrals to medical or mental health.

95

San Francisco Police Department

9.3.2.12

Officer-Involved Shooting Study

Training Division

9.3.2.12.1 Mission Statement
The Training Division’s mission is to enhance the professionalism throughout the San Francisco
Police Department through quality education, training and support. The five objectives are: 1) to
anticipate and respond to the training and educational needs of all department employees; 2) to
provide equal access to training resources; 3) maintain an atmosphere of cooperative effort
amongst all department trainers; 4) utilize the diversity within our department to enhance
training effectiveness; and 5) to support the purpose, values and goals of the San Francisco
Police Department through effective, quality training of its employees.
9.3.2.12.2 General Duties
Physical Training / Defensive Tactics (PT/DT) Office Duties
Continuing Professional Training
Basic Recruit Class Training
Developing and instructing specialized courses ranging from 3 hour to 24 hour courses,
Arrest and Control Techniques refresher, Yawara Stick, Expandable Baton, Police
Service Aids, etc….
• Training outside various agencies, Office of Citizens Complaints, Patrol Specials, Health
Department, Department of Human Resources, etc…
• Instruct and maintain equipment for the Lifetime Fitness Program.
• Responsible for reading and analyzing the bi-monthly use of force logs and incident
reports from each district station or unit and preparing a quarterly and end-of-year use of
force reports. The information is also used to identify officer safety issues, identify any
training deficiencies and develop new techniques or training courses.
• PT/DT members assist the Fitness Coordinator if there is a large group of officers taking
the scheduled physical assessment. The PT/DT office members assume the
responsibilities of the Fitness Coordinator, if the coordinator is detailed to training,
vacation or sick leave.
• PT/DT members conduct arrest and control tactic and physical training group training
approximately two to five hours a week.
9.3.2.12.3 Specific Duties in OIS Cases
•
•
•
•

• The PT/DT unit has no specific duties in OIS cases.
9.3.2.12.4 Response of Unit in OIS Cases (list of steps)
•

The PT/DT unit does not respond to OIS cases.

96

San Francisco Police Department

Officer Involved Shooting Study

Appendix Section 9.4.1
L

San Francisco Police Department

3.10

GENERAL ORDER

09/21/05

FIREARM DISCHARGE REVIEW BOARD
This order outlines the functions
functions and responsibilities
responsibilities of the Firearm
irea arm'l Discharge Review Board
and delineates the procedures for reviewing,
reviewing, investigating,
investigating, and reporting to the Police
Commission,
Commission, cases in which members
members discharge
discharge a firearm.
firearm.

I. POLICY
A. DUTIES OF BOARD

Francisco Police Department to review every instance in which
It is the policy of the San Francisco
discharge results in an injury or death.
death. The
a firearm is discharged whether or not such discharge
shall review every discharge
discharge of a firearm by a member.
Firearm Discharge Review Board shall
ensure that the department is continually
The purpose of this review process is to ensure
training, policy and procedures in light of the circumstances that lead to
reviewing its training,
determine if the discharge was in policy.
firearm discharges by members and to determine
The San Francisco Police Department recognizes
recognizes the public's
The
public's right to know about this
of deadlyforce. It is the policy ofthe
of the San Francisco Police Department
department's use ofdeadly
information as possible through
through this public reporting process while
to provide as much information
laws and preserving the integrity ofongoing
of ongoing
complying with applicable civil and criminal laws
investigations.
investigations.
B. DEFINITIONS
•

Officer-involved shooting.
shooting.
An officer's discharge of a firearm that results in the physical injury or death of a
person, even if it is an accidental
accidental discharge.
discharge.

•

Officer-involved discharge.
discharge.

firearm that does not cause injury or death to a person.
An officer's discharge of a firearm
injuring, or killing animals
animals also
also fall
fall into this category, including an
Shooting at, injuring,
accidental discharge
discharge that does not cause
cause injury.

'

L
.'-.-

1 For the purpose of this order, "firearm" is defined in confonnance
conformance with California Penal Code Section 12001(b),
12001(b),
excluding Extended Range Impact Weapons shall not be considered firearms
firearms within the meaning of this order.

1
97

San Francisco Police Department

Officer Involved Shooting Study

DGO 3.10
09/21/05
0912 1I05

C.
C. COMPOSITION
1.
Firearm Discharge Review Board shall be composed of:
of:
1. The Department Fireaml
•
•
•
•
•
•
•
•

Commission, Advisory
Member of the Police Commission,
Deputy Chief of the Administration Bureau, Chair
Deputy Chief of the Field Operations
Operations Bureau
Deputy Chief of the Airport Bureau
Investigations Bureau
Deputy Chief of the Investigations
Range Master, Advisory
Commanding Officer of Risk Management, Advisory
Director of the Office of Citizen Complaints (OCC),
(OCC), Advisory

2. The Police Commission member shall be appointed by the Commission President and
serve a one year term.
D. FUNCTION:
Officer Involved Shootings:
Shootings:
d
(

1. Within
within 30 calendar days following
following receipt of investigatory reports from
from the Homicide
1.
Detail and Management Control Division regarding a.shooting
a,shooting event,
event, the Chair of the
Department Firearm Discharge Review Board shall convene the panel to determine
whether the shooting was within policy. Within 30 days following the first meeting
of the Firearm Discharge Review Board, the Chair shall report the status of the matter
to the Commission.
Commission. Within 120
120 days
days following
following the first
first meeting of the Firearm
Discharge Review Board the panel shall complete its investigation and issue its
findings
findings in accordance with this policy.

2. The Firearm Discharge Review Board shall review written reports submitted by the
Investigation, and the Management Control Division -Homicide Detail - Criminal Investigation,
Administrative Investigation.
Investigation.
3. The Firearm Discharge Review Board shall review the submitted reports and
interview the involved investigators,
investigators, as
as necessary.

2
98

San Francisco Police Department

Officer Involved Shooting Study

DGO 3.10
09/21/05
0912 1/05

4. The Firearm Discharge Review Board shall discuss the circumstances surrounding the
shooting event and the response
response of the officer(s).
officer(s). Within 15
15 days of completion of the
investigation
referred
to
in
paragraph
I.
D.I.,
the
Firearm
Discharge Review Board
I.
D.
1
.,
investigation
will slLbmit
hislher concurrence,
submit to the Chief of Police, for hisher
concurrence, a written summary of its
findings
findings on the officer-involved
officer-involved shooting.
shooting. This summary shall indicate one of the
following
following findings:
findings:
In PolicyPolicy -

The actions
actions of the officer in response to the circumstances leading to
the discharge
discharge of his/her
hislher firearm
firearm were appropriate
appropriate and consistent with
department
department policy.

Not in Policy - The discharge
discharge of the firearm
firearm was not appropriate under the
circumstances
circumstances and was not consistent with department policy.

Thisfinding
This
finding shall be accompanied by a recommendation for
for
discipline, or a referral to M.C.D.
M. C.D. for
for further
further investigation. The
The
Firearm Discharge Review Board shall assign a due date for cases
found Not in Policy and referred back to MCD for
for further
further
found
investigation.
These findings,
findings, In Policy, Not in Policy,
Policy, shall also include a review of applicable
department
department policy, lack of department
department policy and recommendations for further
hrther policy
adoptions.
adoptions.

M.C.D. for further investigation or
Investigation -- Matter referred back to M.C.D.
Further Investigation
clarification, with a stated due date
date to the Review Board.
clarification,
for concurrence
concurrence and forward
forward the Firearm Discharge Review
The Chief shall review for
Commission, with a copy to the OCC
Board's written summary to the Police Commission,
Director, within 15
15 days of receipt.
receipt. In the event of disagreement between
Director,
Management Control
Control and the Firearm Discharge Review Board, the Chief of Police
final decision.
decision. This summary
summary report with the Chief
Chiefss decision shall be
shall make the final
record. No report that is made public shall disclose any information deemed
a public record.
confidential
confidential by law.
law.
The Director of the G.C.C.
O.C.C. shall
shall review the investigation and summary and
recommend
recommend any further
further action (including
(including an independent investigation) that the
O.C.C. Director's
Director's
concludes is warranted.
warranted. A summary of the O.C.C.
Director concludes
recommendations
recommendations shall be a public record.
record.

3
99

San Francisco Police Department

Officer Involved Shooting Study

DGO 3.10
09/21/05
0912 1/05

The Police Commission shall review the Firearm Discharge Review Board's
summary and the O.C.C.
O.C.C. Director's recommendations
recommendations and take action as
as
appropriate.
appropriate. No report that is made public shall disclose infonnation
information deen1ed
deemed
confidential
confidential by law.
law.
Officer Involved Discharges:
Discharges:
At least once during each quarter of the year,
year, the Firearm Discharge Review Board
shall convene
convene to review all Officer Involved Discharges investigated by the
Commanding Officers of the members
members involved.
involved. The Firearms Discharge
rd
~ u e s d of
a ~March, June, September and
Review Board will meet on the 33rdTuesday
Involved Discharges that
that were not addressed in previous
December to review Officer Involved
meetings during
during the respective quarter.
quarter.
The Firearm Discharge Review Board shall review the submitted reports and
investigators, as necessary.
necessary.
interview the involved investigators,

discharges shall be reported to the Commission on a quarterly basis. A
A
These discharges
summary report will be provided at the 1lSt
st Police Commissi9n
Commission meeting following the
reporting quarter.
quarter. Police Commissioners
Commissioners shall have complete access to reports.
E. POLICE COMMISSION
COMMISSION QUARTERLY
QUARTERLY REPORT
The Chair of the Firearm Discharge
Discharge Review Board shall prepare a quarterly report to the
Commission, and a copy to the Director of the O.C.C., that contains a summary of
Police Commission,
Officer-Involved Shooting
Shooting and Officer-Involved
Officer-Involved Discharge, any disciplinary action
each Officer-Involved
or training recommended,
recommended, and proposals for
for modifying department policy. This report
record. No report that is made public shall disclose any information
shall be a public record.
deemed confidential
confidential by law.
law.

4
100

d

San Francisco Police Department
San Francisco Police Department

GENERAL ORDER

Officer Involved Shooting Study

Appendix Section 9.4.2

3.19

Rev. 02/21/07

EARLY INTERVENTION SYSTEM
I. POLICY
The San Francisco Police Department's members are its greatest asset. The
Department has a responsibility to its members and the community to identify and
assist members who show symptoms of job stress and/or personal problems. Such
symptoms may be exhibited in problematic performance behaviors.
The San Francisco Police Department's Early Intervention System (EIS) is a
structured system that identifies and manages behaviors that result in performance
related problems by individual members. The intent of this system is to provide nondisciplinary intervention, whenever possible, to assist our members in their
professional development in order to provide the highest level of service and
satisfaction to the public.
It is the policy of the Department to provide for the protection and confidentiality of
the EIS records maintained by the Department that are peace officer personnel
records.
II. DEFINITIONS
A. EIS/SYSTEM DEFINED. Early Intervention System.
B. INDICATOR DEFINED. Factors tracked in EIS are given a numerical point to
allow for a compilation scoring. This total point score will be the basis for
comparison of members within their peer group. Numerical points begin from the
date of the first indicator entry; time is calculated on a rolling basis.
C. ASSOCIATED FACTORS DEFINED. Once a member has surpassed indicator
thresholds, all items listed under associated factors will be reviewed in order to
provide a comprehensive review of the member in question.
D. THRESHOLD DEFINED. Aggregate value(s) of indicators that would trigger
EIS review.
E. INTERVENTION DEFINED. A proactive management tool intended to improve
the efficiency of individual members and the Department as a whole.
F. PERFORMANCE REVIEW DEFINED. A performance review, for the purposes
of this order, is defined as an informal examination of all aspects of a member's
work, with an emphasis on the manner in which the member performs job tasks
and how that manner may contribute to EIS Indicator Entries.
G. COUNSELING DEFINED. For the purposes of this order, personnel counseling
is defined as a process in which a command or supervisory officer meets with a
member in a non-punitive setting to discuss the member's performance.
Counseling sessions employ techniques designed to reinforce good performance,
improve poor performance, and when appropriate, correct behaviors that
precipitate or contribute to EIS Indicator Entries. The counseling defined in this
order is intended to be a positive tool to assist members in reaching a higher level
of effectiveness.

1

101

San Francisco Police Department

Officer Involved Shooting Study

DGO 3.19
Rev. 02/21/07

H. TRAINING DEFINED. Training is a non-punitive tool used to make members
more efficient by providing instruction. Training can be in-house or outside
training, specific to the needs of the member and the Department.
I. EAP/BSU REFERRAL DEFINED. Supervisory or self-initiated referral to
Employee Assistance Program or Behavior Science Unit.
J. PERFORMANCE IMPROVEMENT PLAN DEFINED. A written performance
improvement plan, agreed upon by the member, the reviewing supervisor and the
member's commanding officer, designed to reduce or eliminate identified
behaviors that contribute to EIS Indicator Entries. A performance improvement
plan must describe the behaviors to be addressed, actions designed to change
those behaviors, measures to enable both the member and supervisor to gauge
progress and a time-line for reaching the objective of changing, moderating, or
eliminating the behavior(s). The plan, once agreed to by member and supervisor,
shall be placed in the member's PIP folder (or Personnel File). Once the time
period of the plan has expired, the supervisor shall write a memorandum to the
member's commanding officer describing the outcome of the plan and
recommending further action, if warranted. Completed performance improvement
plans shall be retained in the member's PIP folder for six months after completion
and then forwarded to the Personnel Section for filing. If the member subject to
the review does not have a PIP folder, the supervisor shall document the review in
a memorandum to his/her Commanding Officer. Memoranda documenting such
reviews shall be retained in a member's Personnel File. Successfully completed
performance improvement plans shall be placed in a sealed envelop at such time
that the affected member has had no activity in the EIS System that rises to the
level of requiring a performance review for two years. Sealed envelopes will be
opened only where required to comply with a court or administrative order or
process, or where otherwise necessary to comply with a legal mandate.
K. REASSIGNMENT DEFINED. The Chief of Police or designee may determine
that temporarily reassigning a member, who has been identified as reaching a
threshold is an appropriate means of intervention. Reassignment is an intervention
option that will be used only when absolutely necessary for the welfare of the
member and the Department.
L. POST INTERVENTION MONITORING DEFINED. Follow-up to determine the
behavioral patterns. Also, to reassess additional intervention needs and to ensure
the facilitation of any additional intervention needs to further assist a member's
success.
M. DISCIPLINE DEFINED. Punishment intended to correct inappropriate behavior.
For purposes of the EIS, cases will be forwarded for discipline only when
intervention has been ineffective or when the member refuses to cooperate in the
intervention process.
N. DAILY REVIEW. On a daily basis, supervisors will review the EIS system,
during their tour of duty, for members under their supervision.

2

102

San Francisco Police Department

Officer Involved Shooting Study

DGO 3.19
Rev. 02/21/07

III. EARLY INTERVENTION SYSTEM TRACKING
A. The EIS shall identify and track the following indicators:
1. Use of force as required by DGO 5.01
2. Officer Involved Shootings
3. Officer Involved Discharges
4. OCC Complaints
5. MCD Complaints
6. EEO Complaints
7. Civil Suits
8. Tort Claims
9. On Duty Accidents
10. Vehicle Pursuits
OCC or MCD complaints that are determined to be "proper conduct" or
"unfounded" shall not be counted as indicators.
B. The EIS shall also identify and track the following associated factors:
1. Citizen initiated compliments and commendations
2. Department commendations and awards
3. Arrest by officers
4. Citations by officers
5. Motor vehicle stops
6. Pedestrian stops
7. Training history
8. Voluntary overtime worked
9. Discretionary time off
10. Sick time usage not protected by federal, state or local law
11. Principal participant in a critical incident
12. Criminal cases not filed or dismissed due to documented concerns with a
member's conduct, as provided by the District Attorney's Office.
13. Charges of resisting, obstructing or delaying a police officer.
14. Charges of assault on a police officer.

3

103

San Francisco Police Department

Officer Involved Shooting Study

DGO 3.19
Rev. 02/21/07

C. The EIS is a non-disciplinary system that is designed to improve the performance
of the Department and its members through coaching, training and types of
professional development as described in this order and the EIS Procedures
Manual.
The EIS System shall not be accessed or used for the purpose of discipline,
promotion, or when a member requests a transfer of special assignment,
provided that information that exists outside of and separate from the EIS System
may be accessed outside of the EIS System and used for the purpose of discipline,
promotion, or when a member requests a transfer or special assignment where
appropriate and consistent with Department policies and procedures.
Allegations that Section III(C) has been violated may be addressed through
dispute-resolution and/or appeals processes established by Charter or ordinance
that apply by their terms to the disputed action. This paragraph is not intended to
expand or restrict any existing administrative or legal remedies.
IV. EARLY INTERVENTION SYSTEM INDICATOR ENTRIES
A. The early intervention system is established to identify and evaluate the behavior
of members who have received:
1. Five (5) or more EIS Indicator Points, or three (3) or more citizen complaints
(OCC) within a six month period.
2. Six (6) or more EIS Indicator Points, or four (4) citizen complaints (OCC),
within one year.
3. Three (3) or more documented uses of force, as mandated by General Order
5.01, within a three month period.
4. Involvement as a principal in an officer involved shooting or discharge.
Each indicator tracked in the system is given one specific point. The
member's score will be the basis for comparison to members within similar
job assignments.
If a member is involved in an incident where multiple points could be accrued,
only one point value will be counted.
Once the system has been in use, thresholds may be modified to make the best
use of the analysis capabilities of the system.
Indicator points and thresholds, including any adjustments recommended by
the EIS Board and approved by the Police Commission, shall be contained in
the EIS Procedures Manual.

4

104

San Francisco Police Department

Officer Involved Shooting Study

DGO 3.19
Rev. 02/21/07

B. EARLY INTERVENTION PERFORMANCE REVIEW. The Early Intervention
System involves a two-step approach. The EIS Unit, and a member's supervisor
during their daily review, will conduct an initial review of all members who
exceed the stated thresholds. Supervisors may conclude that a pattern of at-risk
behavior does not exist and forward their finding to the EIS Unit through their
commanding officer. The EIS Unit may concur that a pattern of at-risk behavior
does not exist and that corrective action is not necessary. Conversely, the EIS
Unit may not concur with the supervisor's finding that a pattern of at-risk behavior
does not exist; the EIS Unit will electronically return the name(s) of the
member(s) to the respective commanding officer, who shall ensure that the
member's supervisor engages in a performance review and, if appropriate, initiate
intervention with the member. Further, the commanding officer shall ensure that
the supervisor electronically transmits a report within 21 days to the EIS Unit,
indicating what type of intervention has taken place. The supervisor shall continue
to monitor the member's performance after the intervention has taken place, and
transmit a follow-up report at three months and at one year after the initial
intervention.
V. EIS PANEL BOARD MEMBERS
A. The Deputy Chief of Administration is responsible for the operation of the EIS
and for reports to the EIS Board, the Chief of Police, and the Police Commission.
B. The Deputy Chief of Administration shall serve as Chairperson for the EIS Board.
C. The EIS Board will consist of the following individuals.
1. Deputy Chief of Administration (Chairperson)
2. Deputy Chief of Field Operations
3. Commanding Officer of Risk Management
4. Commanding Officer of the Training Division
5. Officer in Charge of the EIS Unit
6. Officer in Charge of the EAP/BSU Unit
7. POA Representative
8. OCC Representative
D. The board will meet on the first Wednesday of every quarter at 1000 hours at the
Hall of Justice, Room 551, to review aggregate information for thresholds
surpassed during the previous quarter. In order to encourage transparency in the
review of the aggregate information of EIS, the board meetings shall be open to
the public.
E. The Chairperson may designate a replacement in his/her absence. The number of
board members needed for a quorum will be five, and consist of at least three
Department members, with the rank of lieutenant or higher.
F. The board is an advisory panel; as such, on a quarterly basis, the board will
review EIS data on an aggregate basis. The board's primary functions are as
follows:

5

105

San Francisco Police Department

Officer Involved Shooting Study

DGO 3.19
Rev. 02/21/07

1. Review EIS data for identified patterns of successes or ineffectiveness
resulting from intervention efforts of supervisors and commanding officers;
2. Make recommendation(s) and/or suggestion(s) to the administrative staff
regarding the use of alternate intervention strategies that may be useful to
supervisors and commanding officers.
3. Review the total number of interventions for the quarter, the types of
interventions employed, and the effectiveness of those interventions.
4. Determine future direction, needs, and development for the EIS program,
including modifications to the EIS.
5. Review new trends and thresholds as recommended by the EIS administrative
staff.
6. Review quarterly and annual resorts prepared by the OIC of the EIS Unit.
7. Review and recommend changes of relevant policies to the Police
Commission.
VI. PROCEDURES FOR INTERVENTION
A. EIS PROCEDURES. On a daily basis, the EIS Unit will review the system to
determine if any member(s) has surpassed a threshold. The EIS Unit will conduct
an initial performance review of the surpassed indicators and associated factor
information to determine if it appears that a pattern of at risk behavior exists. For
those which a pattern appears probable, the EIS Unit will electronically transmit
the information to the member's commanding officer, for further review and
intervention by the member's immediate supervisor. On a quarterly basis, the
Officer-in-Charge of the EIS Unit will forward the aggregate number of members
who have breached thresholds, along with information relative to the categories
surpassed and types of interventions employed to the DC of Administration for
distribution to the EIS Board. Also, on a quarterly basis, the Officer-in-Charge of
the EIS Unit will forward the names of members who have surpassed the system
indicator and associated factor information, and supervisor's performance review
and/or intervention documentation to the Captain of Risk Management and DC of
Administration for their review. The Officer-in-Charge of the EIS Unit will
provide quarterly and annual statistical reports to the Deputy Chief of
Administration, who will in turn provide the reports to the Chief and Police
Commission.
B. OCC PROCEDURES. On a daily basis, the Office of Citizen Complaints will
input new complaint information into the system in order for the EIS Unit to
accurately track indicator entries and threshold breaches. On a weekly basis, OCC
will forward the names of members who have received any complaints to the
member's commanding officer. Quarterly, OCC will compile a list of officers who
have received three citizen complaints within a six month period or four or more
citizen complaints within a year. The report will be forwarded to the
Commanding Officer of the Risk Management Office. For purposes of any second
or third referral under this order, no citizen complaint that was filed more than
two years prior to the current quarter shall be counted or included in the OCC's
Quarterly Report.

6

106

San Francisco Police Department

Officer Involved Shooting Study

DGO 3.19
Rev. 02/21/07

C. RISK MANAGEMENT OFFICE PROCEDURES. Upon receipt of the EIS and
the OCC Quarterly Reports, the Commanding Officer of the Risk Management
Office will prepare a memorandum to the DC of Administration identifying
members who fall within the provisions of the EIS as outlined in section IV (A) of
this order. A copy of the memorandum shall be sent to the respective member's
deputy chief and commander, if applicable. Another copy shall also be sent to the
member and to the member's commanding officer, along with copies of the
records creating the EIS Tracking Indicators and Associated Factor information.
For purposes of any second or third referral under this order, no EIS Tracking
Indicator that was filed more than two years prior to the current quarter shall be
counted or included in the Risk Management Office's Quarterly Report.
D. DUTIES OF COMMANDING OFFICERS AND SUPERVISORY OFFICERS
Commanding Officers shall ensure that supervisors input data into the system by
the end of their tour of duty in order to track indicator entries and threshold levels.
(Refer to DM 17, EIS Manual)
1. On a daily basis, supervisors shall review the EIS system for members under
their supervision. Based on the information in the EIS system and their
knowledge of the members' work performance, a supervisor may initiate a
counseling session prior to a threshold being surpassed. Members on loan or
special assignment will be tracked by their currently assigned supervisor and
their regularly assigned supervisor.
2. Commanding officers shall review electronically transmitted information sent
by the EIS unit and assign these reviews to the appropriate supervisor(s).
3. Command and supervisory officers are encouraged to initiate performance
reviews and counseling sessions with members under their command
whenever they deem it appropriate. Counseling sessions shall not be
considered as discipline; however, the fact that a counseling session took
place may be considered. Counseling sessions should be recorded in the
member's PIP binder (or personnel file) after the member has been given an
opportunity to review and sign the documentation.
E. INITIAL REFERRAL-PERFORMANCE REVIEW.
1. If the Commanding Officer is not familiar with the member subject to review
due to a recent transfer, the Commanding Officer's superior officer shall
determine whom to assign the Performance Review. The Officer in Charge of
the EIS Unit shall be electronically notified of any changes in assignment of a
Performance Review.
2. Commanding Officers shall review the EIS Unit's and Risk Management
Office's Quarterly Report with the member's supervisor.
3. The EIS Unit and a member's supervisor, during their daily review, will
conduct an initial review of all members who exceed the stated thresholds.
The supervisor may conclude that a pattern does not exist and forward their
finding to the EIS Unit through their commanding officer. The EIS Unit may
concur that a pattern of at-risk behavior does not exist and that corrective
action is not necessary. Conversely, the EIS Unit may not concur with the
supervisor's finding that a pattern does not exist, in which case the EIS Unit
will electronically return the name(s) of the member(s) to the respective
7

107

San Francisco Police Department

Officer Involved Shooting Study

DGO 3.19
Rev. 02/21/07

commanding officer, who shall ensure that the member's supervisor engage in
a performance review and, if appropriate, initiate intervention with the
member. Further, the commanding officer shall ensure that the supervisor
electronically transmit a report within 21 days to the EIS Unit, indicating what
type of intervention has taken place. The supervisor shall continue to monitor
the member's performance after the intervention has taken place, and transmit
a follow-up report at three months and at one year after the initial intervention.
This performance review and intervention plan shall be noted in the member's
PIP folder in Section II - Record of Entry, as well as transmit an electronic
reply through the EIS System.
4. If the member subject to the review does not have a PIP folder, the supervisor
shall document the review in a memorandum to his/her Commanding Officer.
Memoranda documenting such reviews shall be retained in a member's
Personnel File.
5. Commanding officers shall, within 21 days of receipt of an EIS referral for a
member of their command, certify that the required performance reviews have
been completed and that the information has been electronically transmitted to
the Officer in Charge of the EIS Unit. The commanding officer shall
electronically notify the EIS Unit if the performance review cannot be
completed within 21 days, along with the reason(s) why it cannot be
completed.
F. SECOND REFERRAL-PERFORMANCE REVIEW SESSION. A second
performance review session shall be held with any officer who has previously
surpassed a threshold and come to the attention of the EIS Unit, and receives one
or more additional EIS Indicator Entries within a six (6) month period after the
Initial Referral - Performance Review. This session shall be conducted by both
the member's supervisor and commanding officer within 21 days of the referral
from the EIS Unit.
1. When conducting this second performance review session, commanding
officers and supervisors shall review Quarterly Reports along with the
member's EIS Indicator and associated factor history for the last five years.
2. The member, the member's commanding officer, and the member's supervisor
shall jointly develop, in the course of this performance review session, a
performance improvement plan in order to reduce or eliminate member's
behaviors that may contribute to unnecessary conflicts. The plan shall be
agreed to by the member and signed by the member, the supervisor, and the
commanding officer. The original of the plan shall be placed in the member's
PIP folder (or Personnel File). Any member subject to a second referral, who
refuses to assist in the development of a performance improvement plan or
declines to sign the plan, shall be immediately referred to a counseling panel.
3. If the member's complaint history indicates similar conduct, as reported in the
Quarterly Reports, a behavior pattern may be evident. If the member's PIP file
documents any prior corrective action or failed performance plans, the matter
shall be immediately referred to a counseling panel so that a comprehensive
plan can be developed to correct the behavior.
G. THIRD AND SUBSEQUENT REFERRALS- COUNSELING SESSION/
COUNSELING PANEL. Whenever a third counseling session is warranted, the
matter will be examined by a counseling panel composed of the member's
Supervisors Commanding Officer, Deputy Chief or Commander, the
8

108

San Francisco Police Department

Officer Involved Shooting Study

DGO 3.19
Rev. 02/21/07

Commanding Officer of the Management Control Division and the Commanding
Officer of the Risk Management Office. The panel will review the member's EIS
Indicator and associated factor history and recommend a course of action in
writing to the Chief of Police within 21 days. Upon the Chief's approval, the
action plan shall be initiated, a copy of the plan shall be included in the member's
PIP folder (or Personnel File).
If a member complies with the intervention plan but the plan has been ineffective,
the EIS Unit shall review the intervention strategies used and determine if other
intervention is appropriate. In cases where the member has been non-compliant
with the intervention process, the EIS Unit shall make a recommendation to the
Chief of Police that an administrative investigation be initiated.
H. PIP BINDERS (See PIP, A Supervisor's Guide, DM-06). Supervising officers are
required to review citizen complaints as they are received, notify the involved
member that a complaint has been filed against him or her, and file the complaint
in the member's PIP binder.
VII. BEHAVIOR FACTORS
A. When conducting a performance review or a counseling session, the following
behavior factors should be among the items to be considered.
1. Is there a behavior pattern that may be causing these EIS indicator entries,
whether or not the EIS indicator entries have been investigated or sustained.
2. How does the EIS indicator history of the member compare with other
members in similar assignments?
3. Can EIS indicator entries be reduced by simply informing the member of
Department policies and procedures?
4. Can better interpersonal skills be developed?
5. Can formal or informal training correct the problem?
6. Are the details of the EIS indicator entries and the allegations so different as
to suggest that there is no improper behavior pattern?
7. Is there any other relevant information about the member or circumstances that
contributes to the number of EIS indicator entries?
8. Is there a common thread of conduct in separate EIS indicator entries that may
be contributing to the frequency of EIS indicator entries?
9. In addition to the other options provided in this order, supervisors may make
referrals to the Employee Assistance Program or other intervention programs
available to Department members (see DGO 11.09, Employee Assistance
Program/Stress Unit).
B. UNFOUNDED/PROPER CONDUCT COMPLAINTS. Once identified,
unfounded and/or proper conduct complaints shall not be counted or included in
OCC quarterly reports or EIS quarterly reports.

9

109

San Francisco Police Department

Officer Involved Shooting Study

DGO 3.19
Rev. 02/21/07

VIII. OVERSIGHT OF THE EARLY INTERVENTION SYSTEM
A. Each Deputy Chief is responsible for ensuring that his or her subordinates adhere
to the provisions of this order. If the Deputy Chief determines that a Supervisor or
Platoon Commander/Officer-in-Charge has not complied with the requirements of
this order, the Deputy Chief shall direct the Commanding Officer to conduct an
immediate investigation to determine why the Supervisor and/or Platoon
Commander/Officer-in-Charge failed to comply with this order. This
investigation shall be forwarded to the respective Deputy Chief within 21 days,
who will, in turn, determine whether any, or all, of his or her subordinates will be
subject to disciplinary action. In addition, the commanding officer may be
required to prepare a plan to bring the unit into compliance. If a commanding
officer has not complied with this order, the respective Deputy Chief will be
notified by the EIS Unit and the Deputy Chief shall conduct an immediate
investigation and submit his/her findings to the Chief of Police within 21 days,
who will, in turn, determine whether the commanding officer will be subject to
disciplinary action.
B. The Commanding Officer of the Risk Management Office is responsible for
ensuring that an audit of the early intervention system takes place every six
months. Such audits shall evaluate the data entry system, the quality of
supervisory evaluations, the outcomes of supervisory evaluations, and the quality
of supervisory reviews. Audits shall be presented to the Chief of Police, the OCC,
and the Police Commission.
C. The Commanding Officer of the Risk Management Office is responsible for
ensuring that audits tracking 148 PC/243PC charges and cases dismissed by the
District Attorney's Office due to documented concerns with a member's conduct,
are maintained and presented to the Board on a quarterly basis for review.
IX. STATISTICAL REPORTS
A. The EIS Unit will provide quarterly and annual statistical reports to the
Commanding Officer of Risk Management and the Deputy Chief of
Administration.
1. The Deputy Chief of Administration shall review the reports and provide this
statistical information to the Chief of Police and the Police Commission.
B. An audit of the EIS will be performed every six months to verify accuracy of data.
The EIS Unit will forward a report of the findings of this audit to the Deputy
Chief of Administration.
References
DGO 1.04, Duties of Sergeants
DGO 1.06, Duties of Superior Officers
DGO 2.04, Citizens Complaints against Officers
DGO 11.09, Employee Assistance Program/Stress Unit
DM 17 EIS Procedures (this is currently not in existence)

10

110

San Francisco Police Department

Officer Involved Shooting Study

Appendix Section 9.4.3

5.01

SaD Francisco Poliee Department

--------

GENERAL ORDER

Rev. 10/04195
10/04/95

USE OF FORCE
The
The purpose of
of this
this order is
is to set
set forth
forth the
the circumstances under which officers may
resort
to
the
use
of
force.
The
order
also
outlines
re so^ to the
of force. The
outlines procedures for reporting and
evaluating
evaluating incidents involving the use of
of for~e.
force.

-I. POlleY
POLICY ..

~I.

A. It is
is the policy of the San
San Francisco
Francisco Police
Police Department to accomplish the
police mission as
as effectively
effectively as
as possible with the highest regard for the dignity
of all
physical· force. The
all persons
persons and with minimal reliance upon the use of physical
use
use of physical
physical force
force shall
shall be restricted.
restricted to circumstances
circumstances authorized by law and
to
to the degree
degree minimally necessary to accomplish
accomplish aa lawful
lawful police task.

Officers are
are frequently
frequently confronted with situations
situations where control must be
B. Officers
exercised to effect.arrests
effect arrests and to protect the public safety. Control may be.
exercised
be. .
through advice, warnings, and persuasion, or by the use of physical
achieved throagh
. force.
force. While
While the use
use of reasonable
reasonable physical force
force may be necessary in
situations that cannot be otherwise
otherwise controlled, force
force may not be resorted to
situations
unIess other reasonable alternatives
alternatives have"
have-been exhausted
exhausted or would dearly
clearly be
unless
ineffective
ineffective under the particular circumstances.
Officers are
are permitted to
to use whatever force
forceis reasonable
masonable and necessary to
C Officers
others or themselves, but no more. The purpose of this policy is Dot
not
protect others
restrict officers
officers from
from using sufficient force
force to protect themselves
themselv& or others,
to restrid
to provide general
general guidelines
guidelines under which force
force may be used. If
If
but to
exceptional circumstances
circumstancesoccur which are
axe not contemplated
contemplated by this order,
exceptional
officers should
should use any force
force reasonably Decessary
necessary to protect themselves
themselves or
officers
able to articulate
artidate the reasons for employing
,however,they must be able
others; 'however,
such force.
such

1
111

San Francisco Police Department

Officer Involved Shooting Study

DGO 5.01
5.01
Rev. 10/04/95
10/04/95

'.~-

D.
D.CATEGORIES
CATEGORIES OF
O F FORCE TO
TO EMPLOY (IN ASCENDING ORDER OF
GRAVIlY)
GRAVITY)
L
L When the use of force
force is necessary and appropriate, officers
officers shall, to the

not
extent possible, utilize an escalating
escalating scale of options
options and n
ot employ more
level of force
forceful
foxeful measures
measures unless
unless it is
is determined that a lower lwel
force would
not be adequate, or such a level of force
force is attempted and actually found to
be inadequate. The scale
scale of options, in order of inaeasing
increasing Severity,
severity, is set
forth
forth below:
below:
a. Verbal PelSuasion
Persuasion

hb Physical Control
excluding the
Control (e.g.,
kg., passive resister,
=be, bent wrist control, excluding
carotid restraint)
re!staint)
c.
c. Liquid Chemical Agent (Mace/Oleoresin
(MacelOleoresin Capsicum)
Capsicum)
cL
d. Carotid Restraint

-e. Department-issued Baton
f.f Firearm
2.
2 It is not the intent of the order to
to require officers
officers to try each of the options

next Oearly,
Clearly, good
good judgment and the
before escalating to the next.
circumstances
arcumstances of each
each sitaation
situation will dictate
dictate the
the level
lwel at which an officer
wiD
will start. Officers.using
Officexs.usingany type
type of force are ACCOuntable
uxouutable for its use.
E REASONABLE
REASONABLE FORCE
E.
LL OfficelS
arrests and
Officers must frequently
frequently employ the use
use of force
force to effect arrests

ensure the public safety. It is Dot
not intended that any suspect should ever be
ensure
allowed to
advantage in a
to be the first
first to
to exercise force,
force,thus pining
gaining an advantage
physical confrontation. Nothing in this order should be interpreted to
to engage
engage in prolonged hand-to-hand
mean that an officer is required to
hand-to-hand
all its
its risks
risks before
be.fore resorting to
to the use
of force
force that will more
combat with all
use'of
am arrestee
-tee
under physiczl
controL
quickly, humanely and safely bring an
qaicldy,
ander
physical eontroL

(

2
112

.•-,0 '

San Francisco Police Department

Officer Involved Shooting Study

DGO 5.01
5.01
Rev.
Rev. 10/04/95
10/04/95
2. Penal Cod-e
Any peace
pelJCe officer
Code Section
Section 835
835 a provides that, II"Any
o m who hIlS
has
reasonable cause to
to belierJe
believe that the person to be arrested luis
has committed IIa
public offense
o f f m e tIUly
may use reasonable
reasonableforce to
to effect the arrest,
arrestf to
to Feoent
prment
escape or to
pelJCe officer who malces
to oT1ercome
ovemome resistance.
resistance. A
A peace
makes or IItteml'ts
attempts
to "",Ice
from his/her
make 1111
an arrest need not retreat
refreat or
m desist jkom
hislher efforts
Morfs by reason
reason
of
perscm being IJrrested;
of resistance
resistance or threatened resistance
resistance of
of the person
arrested; nor
sull
such
officer
be
deemed
the
aggressor
or
lose
his/her
shall
o w
asgressor lose hislher right to
to self
self
defense
prevent
defense by the use of
of rellSDftlible
r e m a b l e fforce
o r w to
to effect
q e c t the Ilrrest,_
amst, or to pmment
esc."e,
escape, or to
to overcome resisttlnee."
resistance."

F. ORCUMSTANCES
jUS11F\1NG THE USE OF FORCE
CIRCUMSTANCESJUSTIFYING
FORCE

L
L Officers
Officers may use
use force
force in the performance
pdormance of their duties
duties in the following
following
circumstances:

a.
a. To prevent the commission of a public offense.
b.
b To prevent aa person from
from injuring
injuring himselflhelSelf.
himkelfherself.
c.
c To effed
effect the lawful arrest/detention
arrestldetention of persons resisting or attempting
attempting
.

to evade
wade that arrest/detention.
arrestldetention

cL
do In self-defense
self-defense or in the defense
defense of another person.
2.
2 Before using force, the officer shoUld
should consider these questions:

a.
a. What actionsactions on the part of the suspect justify the use of force?
force?
b.
b What aime
crime is being or has been committed?
committed?
c.
c Does the situation require the immediate
immediate use of force?
force?

G.
G VERBAL PERSUASION
PERSUASION AS A MEANS OF EFFECTING CUSrODY
CUSTODY
L
L The practice of courtesy
courtesy in all
all public contact encourages
encourages understanding
understanding
and cooperatioa;
lack of courtesy
courtesy arouses
amuses resentment -and
and often physical
cooperation; lack

resistance. Simple
Simple directions
directions which are complied with while you merely
accompany the subject
subject are by far the most desirable.method·of
desirab1e.method'of dealing
dealing
with an arrest
srrest situation. Control
Control may be achieved
achiwed through advice,
pelSuasion
pe~uasionand warnings before resorting to actual
actual physical force.
fome.

3
113

San Francisco Police Department

Officer Involved Shooting Study

DGO 5.01
5.01

,

Rev.
Rev. 10/04/95
10/04/95

.-

2.
2 nte
The above
above should not be construed to suggest that you should ever relax
and lose control of aa situation, thus endangering
pelSonal safety or
endangering your personal
the safety
force which is
safety of others. Officers
Officers are permitted to use that force
reasonable and necessary to protect themselves from bodily harm.
harm.
H.
H.USE
USE OF
O F PHYSICAL
PHYSICAL CONTROL
CONTROL TO ACCOMPUSH
ACCOMPLISH CUSTODY
L
L Frequently, subjects
subjects are reluctant to
to be taken into custody
cusjody and offer some
degree
degree of physical resistance.
resistan&. Normally all that is required to overcome
the resistance is physical strength
tactics, e.g.,
e.g., passive
strength and skill in defensive
defensive tactics,
res~ster,
resister, bent wrist control.
contml.
2. Defensive tactics
tactics are
are techniques intended for use when weapons are not
available
available or their use
use is
is inadvisable or unreasonable
u~ueamnableunder the

circumstances. You must, however, ensure that you are capable of
of
utilizing physical skills
.person. Good judgement is extremely
skills to
to subdue
subdue aa.persoh
important in deciding
deciding which tactics to
to use and how much force to apply.
The force
force ~ed
used mast
must be necessary•.
necessary.
3.
necessitate the use of
of physical
3. When confronted
confronted with aa situation
situation that may necessitate
-control,
control, consideration
consideration should be given to calling for additional
additional cover
officers
officers prior to
to the contacL
contact.
4.
4, In encoUDtering
encountering physical resistance
resistance and/or
andlor assault, an officer's
officer's primary
goal
goal is
is to
to control
control the situation.
situation The level of force
force encountered determines

what form
form of defense should be exercised. When conditions permit, the
best means of controlling a subject is by the imposition of manual restraint
according
according to
to methods
methods taught in Department training courses.

pressure on the subject's
subject's trachea is a prohibited
Choking by means of pressure
a. Choking
practice.
hb Rendering a subject unconscious
unconscious by applying pressure to
to the carotid
artery
artery is permissible
permissible only when lesser types of restraint would be
(see Section L, J.).
J.).
ineffective
ineffective (see

4
114

~ __ ~
(.--

San Francisco Police Department

Officer Involved Shooting Study

DGO 5.01
5.01
Rev.
Rev. 10/04/95
1I. USE
USE OF LIQUID CHEMICAL
CHEMICAL AGENT (MACFJOLEORESIN
(MACEIOLEORESINCAPSICUM)
CAPSICUM) TO

ACCOMPLISH
ACCOMPLISH CUSTODY
1.
1. Liquid chemical agent
agent is a non-lethal device
device designed to subdue
subdue aa person
by projecting aa specially formulated
formulated liquid
liquid onto the face. It is
is not designed
designed
to replace the police revolver or baton. Liquid chemical
agent
is
a
chemical
is a
defensive
defensive weapon intended for
for use when attempting
attempting to subdue an
unarmed attacker or to overcome
overcome resistance
resistance likely to result in injury to
either the suspect or the officer.
2.
2 In most instances, liquid chemical agent
agent will reduce
reduce or eliminate
eliminate the

necessity for greater physical force
arrest. Every officer should
force to effect the arresL
be equipped
equipped with liquid chemical agent and, when practical to do so,
.should
use it rather than the baton or carotid restraint.
*stmint.
should use

3.
3. MEDICAL TREATMENT.
TKEATMWf'. PelSODS
Persons who have had Mace or O.c.
0.C sprayed on their
faces
flushed with clean water
faces shall have their faces
faces washed and their eyes flashed
at the scene
as soon as possible.
possible. Medical evaluation
evaluation shaD
shall occur:
occur:
scene or as

a.
- a.

Prior
Rior to
to booking and as
as soon as
as practicable.

h
h If the person is recovering
recovering normally,
n o d l y , request an ambulance
ambulance (Code 2)
2) to
the scene
scene or anange
arrange to have paramedics
paramedics meet you at another
another location
to medically
medically assess
assess the individual.

I

I

c.
c If
If the ambulance
ambulance is unavailable
unavailable or the delay will be excessive, transport
transport
the exposed
exposed subject to SFGH
SFGH for medical evaluation.

I

I

I

I

I

cL
d. U
If the sprayed suspect looses consciousness
consciousness or has difficulty breathing,
summon an ambulance
ambulance Code 3.
3.

I

I

I

I

4. TRANSPOKTADON.
TRANSPORTATION. Persons who have been sprayed with Mace or o.c.
0.C
4.

I

I

must be transported in an upright position by two officers.
officem. The passenger
officer shall
shall closely
closely monitor the subject for any signs
signs of distress
distress which
would require medical
medical.evaluation and/or treatmeDt.
treatment. Hobble cords
cords or
simnar
types of restraints
restraints shall only be used to secure a subjecrs
subject's legs
similar types
together. They
They shall
shall Dot
not be used to
to connect
connect the subject's
subject's legs
legs to hislher
hidher
waist or hands in aa Mtrussed"tmssed"position.
position.

I

I

I

I

I

I

I

I

I

I

I

I

I

I

I

I

5

I

I

I

I

115

I

I

I

I

San Francisco Police Department

Officer Involved Shooting Study

DGO 5.01
5.01
Rev.
Rkv. 10/04/95

s.5.

I

,

I

\.--/"

MONITORING SUBJECTS.
SUBJECIS. Supervisors
Superwisors sball
shall ensure that any person who ha!
hat
been sprayed
sprayed with Mace or O.c.
0.C is
'is kept under direct visual observation
observation

until he/she
helshe has been medically evaluated. If the person appears
appears to be
having difficulty
difficulty breathing, an ambulance shall be summoned
immediately.
6. BOOKING
B O O W G FORM. Persons
Persons who have ~n
been sprayed with liquid chemical
agent.
agent,shall have that noted on the booking form.

J. USE OF CAROnD
CAROTID RESTRAINT TO
TO ACCOMPLISH CUSTODY
L
L The carotid restraint,
zestrain&when properly applied, is
is aa very effective
effective means of
sabduing
violent subject;
s u b j w however, caution mast
must be used in its
its
subduing aa .violent
application.
application. The officer applying
applying the
the hold must attempt to ensure
ensure the
the
hold does
does Dot
not slip
slip into
into a bar arm trachea choke.
2.
2 The carotid
m t i d restraint is an acceptable
acceptable use of force
force in the following
following

situations:

.

a. The officer is physically attacked.
- a.
hb To stop
stop aa physical attack
attack on another pelSon.
person.

c.
c The officer has attempted
attempted a lesser level
level.of force
force and found
found it to be
inadequate.
cL
d. In the officer's
officer's best judgement, having evaluated the particular
circumstances, a lesser level of force
force would be inadequate.

3. MEDICAL
MEDICAL TREATMENT. Officers
Officexs fineling
finding it necessary to apply the carotid
3.
restraint mast
must monitor the subject's
subject's vital signs
signs closely. Additionally, if tht
thc
has difficulty breathing or does
does not immediately
immediately regain
subject has
consciousness, the arresting
officer
shall
immediately
arresting
immediately call paramedics
paramedics to
the scene. In all
all cases
cases where the carotid restraint is
is used,
used, the subject shall
be medically evaluated.
waluated.
4. BOOKING
BWKJNG FORM.
FORM. Persons
Persons who have been the subject of aa carotid restraint
restraint

shall have that Doted
noted on the booking form.

6
116

J

San Francisco Police Department

Officer Involved Shooting Study

DGO 5.01
5.01
Rev. 10/04/95

"---."

K.
K. USE
USE OF
O F BATON
BATON TO
TO ACCOMPUSH
ACCOMPLISH CUSTODY. The baton in the hands of an
officer
officer trained
trained in
in its
its use is
is aa very formidable
formidable weapon. If we are
are to obtain
effective
effective results,
results, avoid
avoid unnecessary injury
injury to
to suspects, and minimize
aitidsm
criticism of the
the Department, the
the baton must be used properly and judiciously.
LL The
The baton must be carried
carried properly in the officer's
officeis baton ring. A baton left

in the
is of no
no use to
to an officer
officer in aa confrontation.
confrontation
the car is
2.
2 Officers
Officers are
are not to
to slap
slap the palm of their hand with the baton or poke the

baton at people as
as an intimidation
intimidation technique.

The baton, when properly used, is
is capable
capable of delivering
delivering extremely
extremely
3. The
to stan
stun and incapacitate
incapacitate an aggressive opponent. It is also
powerful blows
blows to
powerful
capable of delivering
deliveringlethal
lethal or permanently disabling
disabling blows,
capable
blows. Blows to the
head, throat, side
side of the neck, or armpit mast
must be avoided whenever
possible.
4. To properly control
control and therefore
therefore maximize its effectiveness, the baton
should normally never be raised above the head to strike a blow. The use
should
as aa dub
club is generally prohibited.
of the baton as

-

5. Striking
Striking aa handcuffed
handcuffed prisoner with aa baton is expressly prohibited (except
5.
(except
as allowed
allowed for
for in Section
Section I.,
I, C, of this order).

c.,

Officers will cany
carry only batoDS
batons issued by the Department.
6. Officers
L USE OF FIREARM TO ACCOMPLISH ;CUSTODY.
L
CUSTODY. See DGO 5.02,
5.02, Use of
of
Firearms.
Me
M.UNNECESSARY FORCE
FORCE (DEFINED)
(DEFENED)

L Unnecessary force
L
force occurs
occurs when it is appazent
app~nt that the type or degree of
of
force employed was neither necessary nor appropriate. When any degree
force
force is utilized as summary punishment o
r for vengeance, it is dearly
of force
or
improper and unlawful.
2 Malicious
MaIicious assaults and batteries committed by
2.
by. officers constitute gross and

unlawful misconduct.
misconduct. Penal Code Section 149
149 provides
provi~es criminal
aiminal penalties
for every public officer who under the color of
for
of authority, without lawful
necessity, assaults or beats any person.
7
117

San Francisco Police Department

Officer Involved Shooting Study

DGO 5.01
5.01
10/04/95
Rev. 10/04/95

)

3. When the use of force
force is applied indiscriminately, the officer will face
face civil
3.
disciplinary action.
and criminal liability and Department disciplinary

Justification for
for the use
use of force
force is limited to what is
is reasonably known or
4. Justification
perceived by you at the time. Facts
Facts discovered after the event,
went, no matter
determining whether the force
force
how compelling, cannot be considered in determining
was juitified.
N.
N.REPOR11NG
REPORTING AND INVESDGA11NG
INVESTIGATING THE
THE USE OF FORCE
FORCE

L 1YPES
TYPES OF INCIDENTS
INCIDENTS REQUIRING
REQUIRING REPOKnNG.
REPORTING Officers
Offices mast
must report the use
use of
L
the following
forw:
following types of force:
a.
a. Physical control, when the person is injured or claims
claims to·be
tobe injured.

sprayed on or at the penon.
person.
hb Liquid chemical agent, when sprayed
e.
jabbed.
c Department-issued baton, when the person is strack
struck or jabbed

d. When the officer finds
finds it necessary
necesmy to strike
strike aa suspect with his/her
hidher fist,
- d.
flashlight, or any other objecL
object.
aa flashlight,
e. Carotid restraint.

i.;

,

see

f. Firearm (also
(also see DGO 5.02,
502,Use of Fuearms).
Firearms).
2.
2 NonFICADONIINClDENT
NOTIFICAnONlINCIDENTREPORT. In all
d cases
cases in which an officer is

required to report the use of force, the officer using the force
force shall
shall
hislher supervisor,
immediately notify hidher
supervisor, and:
a. When the officer using force
force is also
also the reporting
reporting officer, prepare an

containing the following
following information:
incident report containing
(1)
(1)The type of force
force used (e.g.,
(e.g., cu:otid
caqtid restraint, strack
struck with fist).
(2)

Reason for
subject resisted
for the use of force
force (e.g.,
(a&,
resisted arrest).
amst).

(3)
(3) The supervisor's
supervisor's name, rank, star Dumber
number and time notified. If
applicable, the sapervisor's
supervisofs reason for
for not responding
responding to the scene
scene
.shall
.shall also be induded.
included.

(2
8
118

San Francisco Police Department

Officer Involved Shooting Study

DGO 5.01
5.01
Rev. 10/04/95
10/04/95
h
b In the event that the officer using force
force is not the officer preparing the ..
incident report, the officer
officer using the force
force shall:
(1)
(1)Ensure
Ensure that he/she is clearly identified in the incident report.
(2)
(2) Ensure that the incident report includes:
includes:

The type of force
force used (e.g., carotid restrain~,
restraint, struck with fist).
fist).
• °The
•

for the use
use of force
f o k (e.g.,
kg., subject resisted arrest). .
Reason for

rank, star number and time notified.
• The supervisor's name, rank,

(3)
(3) Or prepare a supplemental
supplemental report or a statement
statement form
form with the
above information.
3. SUPERVISORY OmCER'S
0I;FICER'S RESPONSIBILn1ES.
RESPONSIBILITIES. When notified of the use of
force, supervisors
supervisors shall determine
determine whether anyone
anyone (including
(including the officer)
officer)
has
has sustained
sustained an injury and its severity.
swerity. If
If an injury has been sustained
sustained
which
is
serious
enough
to
require
immediate
medical
treatment,
the
serious
immediate
- supervisor shall immediately respond to the.scene
the scene of the incident
incident unless a
response
response is impracticable,
impracticable, poses aa danger, or where officers' continued
presence creates aa risk.
risk Response
Response is optional in other reportable use
use of
force
force incidents. Upon anival,
arrival, the supervisor
supervisor shall
shall do the following
following (when
more than one supervisor responds, the responsibility shall
shall fallon
fall on the
senior sapervisor):
supervisor):

I

I

I

I

I

I

a. Ensure that witnesses (including
(includingofficers)
officers)to
to the criminal inddent
incident and
a.

I

also the reportable use of force
force incident
inadent are identified, interviewed, and
that this information is included in the incident report. Hostile
situations
Dumber of witnesses may preclade
situations or number
p d u d e identification
identification and
interview
intendew of all witnesses. .

I

I

I

I

I

I

I

I

I

hb Condud
Conduct observations
observations of the scene and injured subjects
subjects or officers.

I

I

I

c. Condud
Conduct aa supervisorial
superpisorial evaluation to determine
determine whether the force
force
used appears
appears reasonable
masonable and within the provisions
provisions of this order.

I

I

I

I

I

4d. When appropriate, cause photographs
photographs of injuries
injuries or other evidence
. connected
comected to the case to be taken and booked as evidence.

I

I

I

I

I

I

I

9

I

I

I

119

I

I

I

I

San Francisco Police Department

Officer Involved Shooting Study

DGO
DGO 5.01
5.01
Rev.
Rev.10/04/95
10/04/95
e.
e. Review
Review the
the officer's
officer's incident
incident reporL
report.

f.f. Record
Record the
the incident
incident in
in the
the Use
Use of Force
Force Log
Log (see
(seebelow).
below). The
The
supervisor
supervisorwho
who is
is notified
notified of
of the
the reportable
reportable use
use of force
force is
is responsible
responsible
for
for recording
recording the
the incident
incident in.
in.the
the Use
Use of
of Force
Force Log.
Log.
4.
4. UNNECESSARY
UNNECESSARY OR
OR EXCESSIVE
EXCESSIVEFORCEIREPORDNG
FORClElREPORTINGAND
AND INVESTIGATIVE
INVES'IIGATZVE
IUTIES. Should
KESPONSIB
RESPONSIBILITIES.
Should the
the supervisorial
superwisorialevaluation
evaluation conclude
conclude possible
possible
misconduct
in the
the use
use of
of force,
force, the
the supervisor
supervisorshall:
shall:
misconduct involved
involved in

a.
a. Immediately
Immediately notify
notify hislher
hidher superior.
superior.

Make arrangements
arrangementsfor
for any
any interviews
intedews that
that may
mag have
have to
to be
be conducted.
conducted.
hb Make
c.
c Prepare
Prepare aa memorandum
memorandum of
of observations,
observations, evaluation
waluation and
and actions
actions taken.
taken,

5.
5. SUPERIOR
SUPERIOR OFRcm
OFFICERKESPONSIBILITIPs.
RESPONSIBILITIES. After
Afterbeing
Wing notified
notified of
of possible
possible
misconduct
misconduct involved
involved in
in the
the use
use of
of force,
force, the
the s~perior
superior officer
officershall:
shall=

(

Conduct an
an investigation.
investigation.
-a.a Condud

.--,a

Officerssuspected
suspectedof
of miscondad
misconductshall
shallbe
be ad~
advisedof
of rights
rightsdescribed
describedin
in
hb Officers
DGO2.08,
2.08, Peace
PeaceOfficers'
Officers' Rights,
Rights, and
andbe
begiven
giventhe
the opportunity
opportunityto
tohave
haveaa
DGO
repmntative·present
present before
before any
any admini~trative
administrativeinterviews.
interviews
..representative
c.c If
If aa criminal
criminal~Dvestiptor
investigatoris
isassigned
assigned the
thecase,
case, the
thesaperior
superiorofficer
officer
should
should confer
confer with
with the
the investigator
investigator to
tocoordinate
coordinate the
the criminal
criminal and
and
administrative
administrativeinterviews
interviews and
and Miranda
Miranda warning.
warning.

d. Make
Makethe
therequired
requirednotifications
notificationsto
toO.c.c.
O.CC if
ifaacltizeD
citizencomplaint
complaintis
ismade
made
de
(see
(seeDCO
DGO2M,
204,Otizen
CitizenComplaints
ComplaintsAgaiust
AgainstOfficers).
Officers)- Notify
Notifythe
theofficer's
officeis
commandingofficer
officerwhen
whenrequired
= q u i d (see
(seeDCO
DGOL06,
LM,Duties
Dutiesof
of Superior
Superior .
cOmmanding
Officers).
OffiCx?m)e.
e. Prepare
Prepareaa report
report containing
containingresults
resultsof
of investigation,
investigation, preliminary
preliminary
findings,
conclusionsand
and recommendations
msommendationsif
if appropriate.
appropriate.
findings, conclusions

(---_!
10
120

San Francisco Police Department

Officer Involved Shooting Study

DGO 5.01
5.01
Rev. 10/04/95
10/04/95
6.
6, RECORDING
RECORDING PROCEDURESIUSE
PROCEDURESNSEOF FORCE LOGfI'R.AINING
LOGITRAINING DMSION USE OF
FORCE
REPORT.
Every
unit
of
the
Department
whose officers normally
FORCE REPORT.
perform
Crimes, Traffic,
perform street duty (e.g.,
(e.g., district stations, Narcotics, Vice Crimes,
Special
Operations
Division,
etc.)
shall
maintain
a
Use
of
Force Log (SFPD
(SFPD
ek)
Special Operations
128). Other units
etc.) need not
units (e.g.,
(eg.,administrative,
administrative, investigative, etc.)
maintain aa Use of Force
Log;
however,
commanding
officers
of these units
commanding
Force L w
are
are responsible to ensure
enstire compliance
compliance with all other provisions of this
order along
along with the following
following recording procedures:

a. On each
each occasion that an officer reports the use of ·force
'force in an incident
report, he/she
hetshe shall verbally
verbdy notify the supervisor reviewing the report
if different than the supervisor
contains
supervisor notified that the report contains
reportable use of force. The supervisor reviewing
reviewing this report shall
ensure
the
necessary
information
is
placecl
of Force Log.
Log.
infonnation placed in the Use of
ensure
log.
. Two
Two copies
copies of the incident report shall
shall be attached to the log,
o

hh On the lst and 15th
15th of each month, commanding
commanding officers shall sign the
log and send it, along with one copy of each of the incident reports, to
their respective
respective deputy chief. The deputy chief will review the log and
Management Control Division. Commanding officers
- route it to the Management
shall
shall forward
forward aa copy of the log and one copy of each incident report to
Commanding Officer of the T~ing
Training Division.
the Commanding

c.
c The
The Commanding Officer of the .Management
.Management Control Division will
maintain controls
assum all unit logs are received and shall
controls that assure
forms to
to ascertain if
if any officer appears
appeiam to be having.
completed forms
review completed
having.
problems with the use
use of force.
forre. If.so,
Ifso, he/she
hefshe shall notify the
appropriate
3.18, Performance
Performance .
appropriate command personnel (also
(also see DGO 3.18,
Program and Per/onfUl.nce
Perfornzunce IImprot1ement
m p r o v ~ Program,
t
A.
Improvement .Program
A.
SIlTJeroisor's
Supervism's Guide, DM-(6).
DM-06).

d. The
The Commanding Officer of the Training Division will maintain
de
all unit logs and reports
repork are received, and shall
controls that assure
assure aD
controls

compl&d .logs
logs and incident reports
perform aa non-punitive review of completed
to ascertain
ascertain the number, types, proper application
application and effectiveness of
to
uses of force
force reported by members
membess of this Department
uses
DepartmenL The
infonnation developed shall
shall be used to identify training needs. The
information
shaIl report to the Chief
Commanding Officer of the Training Division shaD
Commanding
quarterly on the use
use of force
force by members
of Police quarterly
memben of the Department.
Department.

-----.

11
121

San Francisco Police Department

Officer Involved Shooting Study

Appendix Section 9.4.4

5.02

SaIl
San FDDcisco
Fmrcisco Police
Police DepaJtment
Department

GENERAL ORDER

Rev. lV01l95
11/01/95

USE OF
OF FIREARMS
This
This order establishes
establishes policies and reporting procedures regarding the
the use of
firearms.
firearms.

I. POllCY
POLICY
A. GENERAL It is the policy of the San Francisco Police Department that
officers
officers exhaust all
a11 reasonable
reasonable means of apprehension
apprehension and control before
resorting to 'the
firearms. Officers, however, shall
shall not unnecessarily or
'the use of firearms.
unreasonably
unreasonably endanger
endanger themselves
themselves in applying the policies and procedures
procedures
contained in this order in actual
actual situations.

B. DRAWING FIREARMS
FIREARMS
B.
1.
L PUBUC
PUBLICPLACES. An officer shall
shall not draw aa firearm
firearm in any public place,
except in the line of duty or for inspection by aa superior.
,,--.'

2 omCERlPUBuc
OFFICEWPUBLIC SAFETY.
SAFEIY. Nothing in this policy shall prohibit the drawing
drawing
2.
-or exhibiting
exhibiting of aa firearm
firearm in the line of duty when an officer reasonably
believes it necessary for his/her
hidher own safety or for the safety of others.
Officers may also
also draw and be ready to use
use aa firearm
firearm anytime they have
Officers
cause to
to believe that they or another person may ~
be in
reasonable cause
immediate
injury* Officers shall not cock
immediate danger of death or great bodily injury.
'their
-theirfirearms
firearms in these instances.
instances.
J ~ ~ l " I ~ ~ ? ' IAny
& . officer drawing
drawing ar weapon in public must be able to
3. JUSDFlCATlON.

articulate the reasons
reasons consistent
consistent with this order and any other current
articulate
order regarding
regarding the sabj~
subject. Firearms
Firearms shall
s N l not be displayed
displayed without
justifiable cause.
4. BOLSTERING
HOLS'IERMG WEAPONS. When an officer determines
determines that the danger is
eliminated,
bolstered or the shoulder weapon held
eliminated, the handgun shall be holstered.
in aa port arms
arms position away from the penon.
person, If
If the person is not arrested,
individual the reason the weapon was pointed
the officer should tell the individual
at himlher
himher if the
the circumstances
circumstances permit.

s.5.

COCKING
COCKING OF
OF FIREARMS.
FIREARMS* An officer shall not carry aa firearm
firearm in the cocked
cocked

position at any time.
po~ition
------.
1
122

San Francisco Police Department

Officer Involved Shooting Study

DGO 5.02
5.02
Rev. 11/01/95
11/01/95
Rev.
C
C DISCHARGE OF
OF FIREARMS
FIREARMS
1. REASONABLE
OF
REASONABLE METHODS
-ODs
OF APPREHENSION. Officers
Officers shall not discharge
discharge aa
firearm
firearm in the performance
performance of their duties
duties except in the circumstances
circumstances
described below in Section
Section I. C.
C 2.,
2,and only after all other reasonable
reasonable
methods and .procedures
procedures of apprehension
apprehension and control
control have failed. MOther
"Other
procedures of apprehension and control" shall
reasonable methods and procedures
shall be
officer's capabilities
capabilities at the time of the discharge, the nature
based upon the officer's
and immediacy of the threat, the extent of the threat to innocent persons,
the nature of the crime, and the suspecrs
suspect's reputation
reputation for violence.
2.
2 PERMISSIBLE
PERMISSIBLECIRCUMSTANCES.
CIRCUMSTANCES. Officers
Officers may discharge
discharge aa firearm in any of

the following
following circumstances: .

a.
a. In the necessary defense
defense of himselflherself
himselfherself when the officer has
reasonable
reasonable cause to believe that he/she
heishe is in imminent danger of death
or
or serious
serious bodily injury.
h
h In the necessary
necessary defense
defense of another person when the officer has
has
reasonable
cause
to believe ·that
the person is in imminent danger of
remionable
cause
.that
- death or serious
serious bodily injury.

--4

c.
c To make an arrest when:
(1)
(1)The officer has reasonable
reasonable cause
cause to
to believe that the suspect
suspect has

committed or attempted
attempted to
to commit a felony
felony involving
involving the use or

threatened

deadly force; and
threa~-:ned use of deadly
(2)
(2) The officer bas
has reasonable
reasonable cause to
to believe that aa substantial
substantial risk
risk
exists that the person to be arrested wiD
will cause
cause death or serious
serious
bodily injury if hislher
hidher apprehension
apprehension is delayed; and

(3)
(3)After all other reasonable means of apprehension
apprehension and control
control have
been exhausted.
de
d To kill a dangerous
dangerous animal
animal or one that is
is so
so badly injured that
humanity
humanity requires
requires its removal from
from farther
further suffering,
suffering. and where other
other
alternatives
alternatives are impractical.

'.

2
123

-----~

,

San Francisco Police Department

Officer Involved Shooting Study

DGO 5.02
Rev. 11/01/95
Rev.
e. To give
give an alarm or to call for help for an urgent purpose when no
other means can be used.
3. VERBAL WARNING.
WARNING. If feasible,
feasible, and if to do so would not increase the
danger to the officer or others, a verbal warning to submit to the authority

of the officer
f~rce.
officer shall be given prior to the use of deadly force.
4. ENDANGERING
ENDANGERING THE
THE PUBUCIRECKLESS
PUBLIClRECKLESS DISCHARGE.
DISCHARGE Officers.shall
Officers shall take

extreme
so as not to endanger
discharging their weapons so
extreme care when discharging
innocent
firearms in a
innocent pelSons
persons or jeopardize property. The discharging
discharging of firearms
reckless
reckless and irresponsible
irresponsible manner, or while under the influence
influence of any
substance
substance likely to impair physical or mental processes, is prohibited and
subject
subject to disciplinary
disciplinary action by the Department, whether the incident
occurs
occurs within or outside
outside the Oty
City and CoUnty
County limits.
5.
firearms under
5. PKOmBITED
PROHIBITED CRCUMSTANCES.
CIRCUMSTANCES. Officers
Officersshall not discharge
discharge firearms
any of the following
following circumstances:
a.
a As aa warning.

-tr
~

from aa moving vehicle unless the circumstances come within
At or from
pmvisions as set forth
forth in Section
Section I.,
I., c.,
C,2,
a,b.,
the provisions
2., a.,
b., c
c. of this order.

c.
c In misdemeanor cases, except if the circumstances
circumstances come within the
forth in Section I.,
I., c.,
C, 2.,
2,,
.a.,
a b. of this order.
provisions as set forth
circumstances
do Dot
not require police action
d. In circumstances
that do
action.
..

'.

e. At aa moving vehicle with the intent to disable it.
iL

D. REPORTING
REPORTING DISCHARGE
DISCHARGE OF FIREARMS (also
D.
Officer(also see 000
DGO 8.11,
8.11, Offices-

Shootings). Except while at an approved range, itn
Involved Shootings).
an officer who
discharges a firearm, either on or off daty,
duty, shall
shdl report the incident according
discharges
procedures in this order. This includes
includes an intentional or accidental
to the procedures
accidental
City and County of San Francisco.
outside the Oty
discharge, either within or outside

References
References
DGO 8.01, Critical
Critical Incident Notification
DGO
8.04, Critical
Critical Incident Response
Response Team
DGO 8.04,
DGO 8.11, Officer-Involved
Officer-Involved Shootings
Shootings
3
124

San Francisco Police Department

Officer Involved Shooting Study

Appendix Section 9.4.5

5.05

San
Sm Prmdsco
FRncisco Police
Police Department
Dcputmcnt
---

GENERAL
GENERAL ORDER

Rev.
Rev. 02112197
OW97

RESPONSE
RESPONSE AND
AND PURSUIT
PURSUIT DRIVING
DRIVING
The
The purpose
purpose of
of this
this order
order is
is to
to establish
establish policies
polides and
and procedures
procedures for
for the
the operation
operation of
of
police
in both
both response
response and
and pursuit driving
driving situations.
situations.
police vehicles
vehicles in

GENERAL POllCY
POLICY
I.I. GENERAL
A. Members
Members shall
shall at
at all
all times
times drive
drive defensively,
defensively, maintain
maintain control
control of their
their
vehicle
vehicle and
and considerconsider the
the safety
safety of
of all
all persons
persons using
using the
the roadway.
roadway.

B. It
It is
is the
the policy
policy of
of the
the San
San Francisco
Francisco Police
Police Department
Department that officers
officers respond to
to
emergency
emergency calls
calls expeditiously
expeditiously and
and make
make reasonable
reasonable efforts
efforts to
to apprehend
apprehend
fleeing violators.
violators.
fleeing

C It
It is
is also
also the
the policy
policy of the
the Department
Department that
that if
if an
an eIl\ergency
emergency response
responseor
or
C.

.--.-"

pursuit would
would pose
pose an
an unreasonable
unreasonable risk
risk to
to persO~
persons or
or property, the
the pursuit
pursuit
or
or emergency
emergency response
response shall
shall not
not be
be initiated..
initiated Similarly,
Similarly, when
when itit bea>mes
becomes
an emergency
emergency response
response or
or pursuit
pursuit is
is posing
posing an
an unreasonable
unreasonable
apparent that
that an
apparent
risk to persons
persons or
or property,
property, the
the emergency
emergency response
response or
or pursuit shall
shall be.
be.
risk!O
immediately
immGdiately terminated.
terminated. ..
emergency responses
responses and
and pursuits
pursuits shall
shall be performed
performed in accordance
accordance with
with
D. All emergency
applicablelaws
laws and
and with regard
regard for
for the
.thesafety
safety of persons
persons using the
the highway.
highway.11
applicable
The safety
safety of
of persons
persons is
is aa consideration
consideration that
that demands
demands responsible
responsible and
and
The
controlled emergency
emergency responses
responses and
and pursuits.
pursuits.
controlled

E State
State law
law requires
requires supervisory
supervisory control
control of emergency
emergency vehicle
vehicle operations,
operations,and
and
E.
is the
the policy of the
the Department that
that field
field supervisors
supervisors (patrol
(patrol sergeants)
sergeants)
it is
evaluate and
and control
control their
their subordinates' emergency
emergency
continually monitor, evaluate
continually
responses
and
pursuits.
Supervisors
shall
continually
evaluate
the risk
risk to
to
responses and pursuits. Supervisors shall continually evaluate the
and property.
property. When
When the
the risk
risk appears
appears to
to be unreasonable, or when
when
persons and
persons
specifically prohibited by this
this order, the
the supervisor
supervisor shall
shall immediately
immediately order
order
specifically
the emergency
emergency response
response or
or pursuit terminated.
terminated.
the

11

See Section
Section 21056
21056 Califomia
California Vehide Code
Code

1
125

San Francisco Police Department

Officer Involved Shooting Study

DGO 5.05
5.05
m/12/co
02/12/97

-----

.IT.
11. RESPONSE CODES
A. NON-EMERGENCY RESPONSE.
RESPONSE. Respond directly
directly to the assignm.ent
assignment and
observe
observe all traffic
traffic laws and regulations. No emergency
emergency is involved.
involved. All calls
calls
are dispatched
dispatched as non-emergency unless specified otherwise.
otherwise.
B. EMERGENCY
EMERGENCY (Code
(Code 3)
3)RESPONSE.
RESPONSE. Respond immediately
immediately in an emergency
status, i.e.,
activate
the
vehicle's
emergency
red
light, and sound the
i.e., activate the vehicle's emergency
the siren as
as
may be reasonably necessary [see
[seeCalifornia Vehicle Code
Code Section 21055
21055 (b)].
@)I.

m.

EMERGENCY (CODE 3) RESPONSES

DEFINITION. An emergency
emergency (Code
(Code 3)
3) response
response occurs
occurs when an emergency
A. DEFINITION.
vehicle is displaying
displaying aa lighted red lamp visible from the front and sounding
sounding a
siren
siren as may be necessary and is responding
responding to an emergency call, or is
2 ..
engaged in a rescue operation.
operation2
B. RESPONSE
RESPONSE POUCY.
POLICY. It is the
the policy of the
the Department that officers
officers respond
Code 3
3 only when an emergency response appears
appears reasonably necessary to
prev@1\t serious
prevent
serious injury to persons, whether or not aa aiminal
aiminal offense is
involved.

C
C DETERMINING
DETERMNNG THE RESPONSE.
RESPONSE. The
The officer responding
respanding to the
the call
call and/or
the officer's field
supervisor
shall
determine
the
appropriate
response
field
shall determine
appropriate r e p n s e code
based upon information
information in their ~session.
possession A non-emergency
mn-emergency call
call may
require
require an emergency resplnse.
response.
D. NOTIFICATION.
NOTIFICATION. An officer
officer initiating
initiating an emergency (Code
(Code3)
3)response
response shall
shall
be responsible
responsible for
for causing
causing Communications
Communications to be
be immediately notified frODl
from
he/& is responding.
responding. In the
the event that either member
member is
is a
where he/she
probationary
is
probationary officer,
officer, the senior ~fficer
officer shall ensure
ensme that this
this notification
&cation
is

made.
made.
E.
E MONITORING FOR SUPERVISORY
SUPERVISORY DIRECIlON.
DIRECI'ION. Officers
Of'ficers shall at all.times
all times
monitor radio traffic for supervisory
supervisory direction.
direction Officers
Officers shall
shall not respond
Code 33 when specifically
specifically instructed not to by aa superior.

2

Section 21055 <a> of the Ca1ifornia Vehide Code defines emergency responses.

2
126

-~-

San Francisco Police Department

Officer Involved Shooting Study

DGO 5.05
5.05
CTl/12/CJl
m/u/97

--........

F.
F. RED
RED UGHT
LIGHT AND SIREN REQUIRED.
REQUIRED. Neither the l'European
"European hi-Io"
hi-lo" phase of
the
the electronic siren
siren system nor the electronic
electronic air horn is recognized
recogruzed under
California
California law as
as an emergency signaling
signaling device
device for purposes
pwposes of California
California
Vehicle Code Section 21806. Therefore,
Therefore, officers
officers shall
shall not use the l'hi-lo"
"hi-lo"
setting
setting nor the
the air horn in lieu of the
the siren.
siren
G. NON-EMERGENCY
NON-EMERGENCYVEHICLE.
VEHICLE Vehicles owned or operated by the
Department that are
are ilOt
not equipped
equipped with authorized
authorized red lights
lights and sirens
sirens are
prohibited from
emergency responses
responses or pursuits.
from engaging
engaging in emergency

IV.
IV. VEHICLE PURSUITS
PUSWI'S
A. VEHICLE PURSUIT
P U R !DEFINED.
DEFINED. A vehicle pursuit is an attempt
attempt by an officer,
officer,
while driving an emergency vehicle, to stop
stop a moving motor vehicle when
the officer has reasonable
reasonable cause
cause to stop
stop the vehicle
vehicle and the driver fails
fails to do
do
so as required
required by law.
law.33
B.
B. PURSUIT
PURSUIT POllCY
POLICY
-~.

1.
1. 11tere
mere are
are few situations"
situations'in law enforcement
enforcement that require
require a higher degree
degree
sense and sound judgment than
than sustained
sustained vehicle
vehicle pursuits.
of common sense
Officers
Officers must effectively perform in an atmosphere
atmosphere where long-range
consequences
consequences may hinge upon the soundness of split-second decisions.
decisions.

though the Department
Department expects
expects officers
officers to make reasonable
reasonable efforts
efforts to
22 Even though
apprehend
apprehend fleeing
fleeing violators, aa pursuit shall never be carried
carried·to
'tosuch an
unreasonable risk
risk to persons or property. When it
extent as to impose an unreasonable
apprehension are clearly
becomes apparent that the benefits of immediate apprehension
unreasonable danger to the officer or others, the
the pursuit
outweighed by an unreasonable
shall
already in progress, shall
shall be terminated
terminated
shall not be initiated or, if already

33 See Section
Section 21055(a) of the Califomia
m m i a Vehicle Code
Code

33
127

San Francisco Police Department

Officer Involved Shooting Study

DGO 5.05
Ul./12/W
a2/K/W

3.
mentber
3. The following
following factors
factors and conditions
conditions shall
shall be considered by every member
in deciding,
deciding, under the totality of
of the cirCUDlStanceS,
circumstances, whether to initiate,
continue
These factors
factors shall
shall be weighed
continue or terminate
terminate aa pursuit. These
continuously
continuously by the pursuing member(s)
member(s) and the Pursuit Supervisor
Supervisor and
safety shall come first:
first:

a. Seriousness
relationship to
Seriousness of the originating
originating crime and its relationship
safety;
community safety;
b. Safety of the
the public in the area of the pursuit;

c.
c Safety of the pursuing officers;
officers;
dd Speeds
Speeds involved in the pursuit;
e. Volume of pedestrian
pedestrian traffic;
f. Volume of vehicular traffic;
g.
g Weather conditions;

-

h. Proximity of the fleeing
fleeing vehicle;

FamiIiarity of the officer and supervisor
supervisor with the ~ea
area of the pursuit;
i. Familiarity
j.j. Quality
Quality of radio communications
communications between pursuing unit(s),
unit@),dispatcher
dispatcher
and supervisor;
supervisor;
k.
lc. Time
Time of day;

1. Road
~ o a dconditions;
,m.
vehicles involved.
m . Capability
Capability of the police vehicles

C.
C NOTIFICATION TO
T D COMMUNICATIONS
COMMUNICATIONS (DISPATCH)
(DISPATCH)
1.
1- Couununications
Communications from
from the
the pursuing unit to Dispatch is essential. It is

iJnperative
imperative that the pursuing unites)
unit(s) provide Dispatch with all
all
information
information necessary for
for initial and ongoing
ongoing supervisory
supervisory evaluation of
the pursuit.
the
4
128

San Francisco Police Department

Officer Involved Shooting Study

DGO 5.05
Ul/12/CO
2.
2. If
If the
the initial broadcast of aa pursuit does
does not contain
contain the
the below
information, and
if
it
is
not
provided
by
the
pursuing
and if is not
the pursuing unit(s)
unit(s)in aa
reasonable
reasonable amount
amount of time~
time; the
the pursing
pursing unites)
unit(s) shall
shall be
be ordered
ordered to
to
terminate
the
pursuit
by
the
Pursuit
Supervisor.
terminate the
the Pursuit Supervisor.
3.
3. An officer
officer initiating
initiating the
the pursuit of aa vehicle
vehicle that has
has failed
failed to
to stop
stop for
for the
the
officer's red lights
lights and siren
siren shall
shall immediately
immediately contact
contact Communications,
Communications,

request
request aa Code
Code 33, and
and initially
initially transmit
transmit the
the following
following information:
information:

a.
Unit designation
designation and
and description
description of
of the
the pursuing unit if it is
is not aa
a. Unit
marked
marked police
police sedan
sedan with aa light
light bar.
bar.
b. Reason
Reason for
for pursuit.
pursuit.
c.
c Location,
Location,direction
direction of travel,
travel, and
and speed
speed of suspect
suspect and
and police
police vehicle.
vehicle.

4. After
After acknowledgment
acknowledgmentof the
the pursuit
pursuit by Dispatch
Dispatch and
and designation
designation of aa
Pursuit
Pursuit Supervisor,
Supervisor, the
the pursuing
pursuing unit
unit shall
shall provide
provide the
the following
following
additional
additional information:
information:

a.- Traffic
Traffic conditions.
conditions.
b. Color, make and
and license
license number of the
the suspect
suspect vehicle.
c.
c Number,
Number,desaiption,
description, and
and identity
identity of occupants.
occupants.

ci
d Information
Information concerning
concerning weapons.
weapons.
D.
D.PURSUING
PURSUING UNITS.
UNFIS.

1. PRIMARY
PRlUARY PURSUIT
PURSUITVEHICLE.
VEHICLE.The
The unit
unit initiating
initiating the
the pursuit
pursuit shall
shall be
be
1.
designated the
the Primary
PrimaryPursuit
Pursuit Vehicle
Vehicle unless
unless directed
directed by
by aa superior,
superior, or
or as
as
designated
otherwise
otherwise provided
provided in
in this
this order.
order.
2 SECONDARY
SECONDARY PURSUIT
PURSUIT VErnCLE.
VEHICLE. No
No more
more than
than two
two units
units are
are to
to be
be
2.
involved
in
a
vehicle
pursuit
unless
directed
by
a
supervisory
or
involved in a vehicle pursuit unless directed by a supervisory or
command
command officer.
officer.

5
129

San Francisco Police Department

Officer Involved Shooting Study

DGO 5.05
5.05
02/12/lJ7
02/12/97

3. RESPONDING
REPONDING TO VICINITY OF PURSUIT.
KlRSUK Units
Units not designated as
as
primary or
or secondary
secondary pursuing units
units shall
shall not
not respond in a Code 33 mode
to the vicinity of a pursuit nor parallel a pursuit in a Code 33 mode.
4. PASSING.
PASSING. There shall
shall be no attempt by officers
officers to pass other field units
units
involved in the pursuit unless the
the passing officer receives permission
from the
the Primary Pursuit Unit.
Unit.

E ASSUMPTION
-ON
SUPERVISORY CONTROL
E.
OF SUPERVISORY
1.
1. A field
field supervisor of
of aa member involved in aa pursuit
pmuit shall immediately
assume
assume control.of
control .ofthe pursuit by notifying
notrfying Communications
Communications (e.g.,
(e.g., 3XIOO,
3x100,
I'm
I'm monitoring the pursuit.")
pursuit.") That supervisor
supervisor shall
shall then
then be designated
the Pursuit Supervisor.
Supervisor.
2.
2 The Pursuit Supervisor
Supervisor shall continue to supervise
supervise the
the pursuit until the
abandonment.or
abandonment.or termination of the pursuit, even if·the
if - the pursuit leaves the
the
district.
district In the event that a field superviSor
supervisor is unavailable, the
the officer's
officer's
platoon commander shall assume
assume supervisory
supervisory control.
control.
3. Should
Sh~uldan officer
officer from
from another unit (e.g.,
(e.g., TAC,
TAC, Traffic, Vice,
Vice,Narcotics)
Nardcs)
becolI\e
become involved in a pursuit and the officer's
officer's supervisor does
does not
not
acknowledge
acknowledge control, aa supervisor in the district in which the pursuit
initiated shall
shall assume
assume controL
controL Officers
Officers shall
shall comply with
with the directions
directions of
of
the designated
designated Pursuit Supervisor.
Supervisor.
F.
F. COMMAND
COMMAND TERMINATION
TERh4INATION OF PURSUITS.
PURSWIS. Command level officers
officers may,
at any time, direct the termination
termination of aa pursuit for any reason.

G.
G. ADDmONAL
ADDmONAL PURSUIT~.
PURSUIT UNlTS. Any additional
additional vehicle intending
intending to join a
vehicle pursuit shall request supervisory
s u m approval.
approval.

6
130

..___

San Francisco Police Department

Officer Involved Shooting Study

DGO 5
5.05
.05
C12./12/W

-

H.
H.SUPERVISOR CONTROL
CONTROL OF
OF PURSUITS
PURSUIE - PURSUIT SUPERVISOR
1.
1. NUMBER
NUMBEX OF
OF VEHICLES.
VWCLES: Supervisors
Supervisors shall actively
actively control
control pursuits and
determine
the
appropriate
number
of
units
to
be
involved. No more
determine the appropriate
units
than two units
units should actively
actively pursue.

a. However, other
other factors
factors may be considered when determining the
appropriate
number
the primary
appropriate number of pursuit vehicles. For example, if
if the
and secondary units
units are one-officer
one-officer units, an additional pursuit unit
may be authorized.
the
authorized. Other factors
factors to consider are the nature of t
he
crime, th~
would
the number of
of suspects,
suspects, weapons, and other facts
facts that wodd
warrant the
need
for
additional
officers.
the need additional officers.
2.
WAGONS
2 UNMARKED
UNMARKED VEHICLES/MOTORCYCUS/PAlROL
VEHICLES/MOTORCYCLES/F'ATROL WAWNS

a. If
If an unmarked
unmarked unit, a marked unit with no light bar, or a motorcycle
is
is being used as
as a pursuit vehicle, aa marked four-wheel light bar
equipped vehicle shall
shall be dispatched as soon as possible. When the
equippe~
marked four-wheel unit with light bar enters
enters the pursuit, the
unmarked unit, marked unit with no light bar, or motorcycle shall
- cease
cease its
its pursuit If
I€the unit withdrawing
withdrawing from the pursuit w
as the
was
shall respond to the termination point o
f the pursuit
initiator, the unit shall
of
in a non-emergency mode.
b. Should
Should aa patrol wagon initiate a pursuit, it shall be immediately
fourwheeled, light bar equipped police vehicle.
relieved by aa marked four
A patrol wagon shall.
shaU then
then leave the
the pursuit. Patrol wagons shall n
ot
A
not
initiate or become involved in a pursuit while transporting prisoners.
initiate

c Vehicles
Vehicles owned, leased or operated by the Department that are not
c.

sirens are prohibited from
equipped with authorized red lights and sirens
engaging in pursuits in any role.
engaging
d Any Department vehicle containing
containing a ride along, victim, or witness
d
shall not initiate
initiate or become involved in a pursuit.
shall

m.

COLLISIONS/DUTIESOF SECONDARY
SECONDARY UNIT. If an innocent party is struck
1L COLLISIONS/DUTIES
secondary unit shall
by aa pursuing unit or by the suspect vehicle, the secondary
shall
immediately cease
cease pursuit and assist at the collision scene.
scene.
immediately

7
131

San Francisco Police Department

Officer Involved Shooting Study

DGO 5.05
5.05
02/12/97
02/12/97

J.J. PURSUITS
PURSUITS BY OTHER
OTHER LAW ENFORCEMENT
ENFORCEMENT AGENCIES
1.
1. If aa single
single police vehicle from
from another law enforcement agency pursues
within the
SFPO unit
the City, a field
field supervisor
supervisor may authorize
authorize one marked SFPD
to join in
in the pursuit
2. If requested, the SFPD
SFPD unit may take over as the primary pursuit vehicle.
Should the
the pursuit leave San Francisco, the SFPD
SFPD unit shall revert to the
secondary
secondary unit.
K.
JURISDICTION.
K. PURSUITS
PuRSWlS OUTSIDE
OUTSIDE OF SAN
SAN FRANCISCO/OnIER
FRANQSCO/OTHER JURISDICTION.
Should
~ther
Should a pursuit continue outside
outside of San Francisco or extend into another
agency jurisdiction (e.g.,
CODlDlunications
(e.g., freeways, fed~al
federal property, etc.) Communications

shall
assmne t
the
shall notify
mtify the appropriate
appropriate agency and request that they assume
he primary
role in the
the pursuit.
p d t .

1. PURSUITS
PuRsurrs ONTO
OEJTo STATE
STATE HIGHWAYS/FREEWAYS (OIP
(CHP JURISDICIlON)
JURISDICTION)
1.
CHP NOTIFICATION.
NOTIFICATION. In
In the event that a pursuit enters
enters a state
a. CHP
highway/freeway,
highway
Ifreeway, Communications shall immediately request the
assistance of the California
W o m i a Highway Patrol (CHP).
(CHP).
-- assistance

b. PRIMARY
PRIMARY PURSUIT
PURSUrr VEHICLE. H
If a marked CHP unit joins
b.
joins in the pursuit,
the role of the primary unit shall be turned over to the CHP
he
the
Cln' and t
the
SFPD unit shall
shall assume
assume the secondary pursuit positiox~
If a second
SFPD
position. If
oins the pursuit, the SFPD
SFPD unit shall discontinue
discontinue its pursuit.
CHP unit j
joins
RADIO CONTACT. An SFPD
SFPD unit that has lost radio contact
contact with
2. RADIO
Communications shall
shall terminate
terminate its pursuit unless the "violator
violator was
involved in aa violent felony.
involved

L ~.
FIREARMS. Firearms shall
shall not be discharged at or
or from a moving vehide
vehicle
.L
circumstances fall within
within the provisions set forth in Department
unless the circumstances
5.02, Use of
ofFirearms.
Firearms.
General Order 5.02,

8
132

.-

San Francisco Police Department

Officer Involved Shooting Study

DGO 5.05
5.05
fJl/12/97
02/12/97
M.
M.OFFENSIVE
OFFENSIVE TACTICS
TACTICS (Legal
(Legal Intervention)
Intervention)
1.
1. RAMMING.
RAMMING. Officers
Officers shall
shall not attempt to stop
stop aa vehicle
vehicle by ramming
ramming it or

forcing
forcing the vehicle off the road. Pursuits
Pursuits shall be primarily following
following
acti~.
actions. Listed below are
are tactics
tactics that are not to be ·used:
used:

a. Boxing in
b.
b. Heading off
c.
c Driving
Driving alongside
alongside

d. Channeling
22. ROADBLOCKS.
ROADBLOCKS. Police
Police personnel shall avoid using their vehicles
vehicles as
roadblocks
roadblocks unless the officer has reasonable
reasonable cause
cause to believe that the
the
suspect has committed
wmmitted or attempted to commit aa felony
felony involving
involving the use
or threatened use
use of deadly
deadly force; and the
the officer
officer has
has reasonable
reasonable cause to
believe
believe that a substantial
substantial risk exists
exists that the person to be arrested will
cause
cause death.
death or serious
serious bodily injwy
injury if his/her apprehension is
is delayed;
and after all other reasonable means of·apprehension
of apprehension and control
control have
been exhausted.
exhausted

a. If
If employed, supervisory
supemisory approval
approval and coordination
coordination is required.
required.

3. OTHER MEANS OF DISABLING PURSUED
PURSUED VEHlaES.
VEHICLES. Other
other means of disabling
disabling
3.
and stopping
stopping pursued vehicles, including
including llroad
"road spikes,
spikes,"n shall be
employed
employed only under the
the direction
direction of a supervisor
supervisor trained in their·use
their .use
and shall
personnel certified
shall be deployed only by personnel
certified by the
the Department in
their use.
use.

.

N.
N. DECISION TO DISCONTINUE
DISCONI'DJUE THE PURSUIT.
PURSUrr. Officers
Officers must continually
continually
question
seriousness of
of the
the crime justifies continuing
continuing the
the
question whether the seriousness
pursuit A
A pursuit shall
shall not be initiated or, if already in progress, the pursuit
pursuit.
shall be discontinued
when:
.
discontinued .when:
1. UNREASONABLE
UNREASONABLE RISK.
RTSK. There
There is
is an unreasonable
unreasonable risk
risk to persons,
persons, including
including
1.
following are a few
few examples
examples of factors
factors that may make
make
the officers. The following

the risk
risk of a pursuit unreasonable:

9
133

San Francisco Police Department

Officer Involved Shooting Study

DGO 5.05
02/12/W
02/12/97

a. BENEFIT OF
OF IMMEDIATE APPREHENSION.
ApF'REHENSION. It becomes
becomes apparent
apparent that the
the
benefits
benefits of
of immediate
immediate apprehension
apprehension are clearly outweighed by an
unreasonable danger to the officer or others
others (see Section
Section V.,
V., B.).
B.).
b. SPEED.
SPEED. Speeds
Speeds dangerously exceed
exceed the normal
normal flow
flow of traffic or when
vehicle or pedestrian traffic
traffic requires
requires dangerous
dangerous maneuvering
maneuvering that
exceeds
exceeds the performance capabilities
capabilities of the vehicle or the driver.
driver.

c.
the reason for
c MINOR VIOLAll0N.
VIOLATION. An unreasonable risk exists when the
apprehending
the
suspect
is
clearly
outweighed
by
the
dariger
apprehending
clearly
danger b;)
to
persons or property, e.g.,
e.g., when the
the only reason
reason for the pursuit is
is traffic
violations
violations or aa misdemeanor, or aa non-violent felony.
felony.
2.
2. SUSPECT KNOWN.
worn. The violator can be identified and safely apprehended at
a later time.

3.
3. LOSING 1HE
THE SUSPECT.
SUSPECT. Officers
officers lose visual
visual contact with the
the suspect vehicle.
ORDERED BY A SUPERIOR.
SUPERIOR A
A command
command officer
officeror field
field supervisor
s u m orders
orders the
4. ORDERED

pursuit _rminated.
tehted.

-

-/

5. WRONG WAY PURSUITS.
PURSUITS. .Officers
Officers shall not chase
chase aa vehicle the
the wrong way
5.
on aa freeway.
freeway.
O.
0.USE OF AIR SUPPORT
SUPPORT l1NIT.
UNIT.The
The role of the Air Support
Support Unit during
vehicle
vehicle pursuits
pursuits is
is to assist and coordinate
coordinate field
field activities. When available,
the Air Support Unit shall
respond
to
a
vehicle
shall respond to a vehicle pursuit.
pursuit The
The Air Support
Support
Unit shaIl
shall be responsible
responsible for
for monitoring
monitoring and broadcasting
broadcasting pursuit
information.
informatiion. The
The Air Support
Support Unit shall
shall advise
advise the
the concerned
concerned ground units
units
of road hazards
hazards or
or any unsafe
unsafe conditions.
conditions. Overall control of
of the pursuit shall
shall
priInary
ground
unit
and
the
identified
supervisor.
remain with the·
the primary
the identified supervisor.

P.
P. RESPONSmILITIES
RESPONSIBILITIES AT TERMINATION
TJXMINATION POINT OF PURSUIT
PURSUIT
1.
1. OFFICER'S
OFFICER'S RESPONSIBILITY
RESPONSIBILITY

a. CONTROL
CONTROL AND DnttCIION.
DIRECTION. Safety is
is aitical
critical at the termination of aa
pursuit.
pursuit At ~
no time will
will the need for decisive action, self control, and
strict personal
personal discipline
discipline be more essential. In the
the absence
absence of aa
supervisor, the primary pursuit unit has the responsibility
responsibility for
for

10
134

San Francisco Police Department

Officer Involved Shooting Study

DGO 5.05
5.05
C1l/12/fJ'l
m/12/97
directing
directing activities
activities at the termination point of aa pursuit.
b. ADDmONAL
ADDITIONAL ASSISTANCE.
ASSISTANCE. Once aa pursuit has
has ended, the
the primary
unit is
is responsible
responsible for advising
advising dispatch of the
the location and situation.
situation
The officer shall
also indicate whether additional
additional units
units are needed to
shall also
assist at the scene. Once aa Code
Code 4 has
has been broadcast, officers
officers shall
shall not
not
respond to the termination point unless
.
unless specifically
specifically requested.
requested.
2. SUPERVISORY
SUPERVISORY RESPONSIBILITY.
REPONSIBILJTY. Upon termination of
of a pursuit by

apprehension of the fleeing operator or any occupant of the pursued
~~M~~M~fl~o~a~~~~~~~purs~

vehicle, the Pursuit Supervisor
Supervisor shall
shall respond to the
the location of the
the
termination'
termination of the pursuit
putsuit and shall
shall take
take charge
charge of the
the scene and be
responsible
responsible for
for the strict compliance
compliance with Department policy by all

members
members present.
Q. VEHICLE PURSUIT
FWRSWI' SUMMARY. State
State law reqUires
req&es that a Vehicle
Vehicle Pursuit
Summary
regardless of duration and
Summary be completed for every pursuit, regardless
outcome and be reported to the California
California Highway Patrol.
PatmL The
The Pursuit
outcome
Supervisor of ~
the pursuit shall complete aa Vehicle Pursuit Summary (SFPD
(SFPD
436) prior
prior to
to reporting off duty. Copies
Copies of the
the SFPD
SFPD 436 shall
shall be sent to the
the
436)
Deputy Chief of the Field Operations
Operations Bureau.
Bureau

v.
V. COMMUNICATIONS
COMMUNICATIONS (DISPATCH)
(DISPATCH) DUTIES
INFORMATION. When dispatching
dispatching aa call, dispatchers
dispatchers shall provide
A. CALL INFORMATION.
responding and/or dispatched
dispatched officers
officers with all background information
information that
responding
could indicate
indicate an emergency.
emergency.
B.
B. IDENTIFICATION
IDENTIFICATION OF PURSUIT SUPERVISOR.
SUPERVISOR When an officer
officer
communicates
communicates that he/she is
is in pursuit, and the
the supervisor
supervisor acknowledges
acknowledges
the dispatcher
dispatcher shall
shall record in ~
CAD the
the unit identifier
identifier of
of the
the Pursuit
control, the
Supervisor.
Supervisor.

C DISPATCH PURSUIT
PURSUIT SUPPORT.
SUPPORT.
c.

flow of information is
is critical
critical during a
The flow
pursuit.
pursuit. The
The role of Dispatch is
is to obtain and broadcast essential
essential information
information
ensure safety and effective
effective supervisory control. To ensure
ensure that this vital
to ensure
information
information is relayed,
relayed, Dispatch shall
shall at aa minimum.:
minimum:
1.
1. Re-broadcast ~
the commands
conman& of the
the Pursuit Supervisor
Supervisor directly to pursuing
units and;
and;
11
135

San Francisco Police Department

Officer Involved Shooting Study

DGO 5.05
5.05
02/12/Cfl
02/12/97'

2. Assist the Pursuit Supervisor in obtaining
obtaining information
information needed to assess
assess
and supervise
supervise the
the pursuit.
D.
D. OUTSIDE
OUTSIDE JURISDICTION
JURISDICTIONNOTIFICATION
NOIEICATION AND COORDINATION.
COORDNATION- Should
aa pursuit progress toward
toward or enter another jurisdiction Dispatch shall
shall
immediately contact the jurisdiction's
jurisdiction's law enforcement
agency,
inform
enforcement
infonn them
them
of the pursuit, and all
all relevant facts
facts available, and maintain contact and
coordination
coordination with that outside
outside agency
agency until the pursuit leaves their
jurisdiction, is
is terminated or canceled. Dispatch shall inform the Pursuit .
Supervisor when
when contact
contact with the
the outside
outside agency is made and keep the
infonned of the agency's
agency's intended
intended response to
to the pursuit
Pursuit Supervisor informed
and relay any instructions
instructions or information
information provided by the
the agency.
E.
E EMERGENCY
EMERGENCY RESPONSE
RESPONSE SUPERVISOR
SUPERVISOR NOlIFlCA110N.
NOTIFICATION. Dispatch shall,

when possible, notify aa field supervisor (preferably the
the responding
responding officer's
officer's
field supervisor)
supervisor) an Emergency (Code
(Code 3)
3) Response
Response is being undertaken, and
provide other
other relevant information
information about the
the response
response including;
including; location
responding from, location responding
responding to, and the nature of the call
call.

VI.
COMMAND LEVEL NOTIFICATION
NOTIFICATION AND RESPONSE
RESPONSE
VI. COMMAND

-

A. Should
Should any person, including the
the occupants
occupants of a pursued vehicle
vehicle or any
member involved in aa pursuit be injured in the course
course of the
the pursuit, the
shall cause
cause the
the on-duty Patrol Conunander
Commander or designated
designated
Pursuit Supervisor shall
Duty Captain, to be notified
notified.
B. The Patrol Commander or designated
designated Duty Captain shall, upon such
scene of
of the injury
injury and shall
shall cause
cause to be made
notification, respond to the scene
notification,
such other and further
further notifications
notifications as
as are
are appropriate.

References
References
DGO
Accidents Involving
TXO 2.06,
206, Vehicle Accidents
InvoIving Members
DGO 3.07, Department Accident Board of Review
DGO 5.02,
5-02,Use
Use of Firearms
DM-14,
DM-14,Administrative Investigation
Investigation of Member-Involved Collisions
Collisions

12
136

San Francisco Police Department
San Francisco Police Department

GENERAL ORDER

Officer Involved Shooting Study

Appendix Section 9.4.6

5.20

10/17/07

Language Access Services for Limited English Proficient (LEP) Persons
The purpose of this order is to establish language access procedures, consistent with federal, state and
local law, for San Francisco Police Department (SFPD) members to follow when encountering a
limited English proficient (LEP) person. This order also defines the importance of effective and
accurate communication between SFPD members and the community they serve. Language barriers
can impede such effective and accurate communication in a variety of ways. Language barriers can
sometimes inhibit or even prohibit individuals with limited English proficiency from accessing and/or
understanding important rights, obligations, and services, or from communicating accurately and
efficiently in different situations. Hampered communication with limited English proficient victims,
witnesses, suspects, and community members can jeopardize safety and create evidentiary and
investigative challenges.
I. POLICY
It shall be the policy of the San Francisco Police Department to take every reasonable step to
ensure timely and accurate communication and access to all individuals regardless of national
origin or primary language. When performing law enforcement functions, members shall provide
free language assistance to LEP individuals whom they encounter or whenever an LEP person
requests language assistance services. The San Francisco Police Department recognizes the
importance of effective and accurate communication between its members and the diverse
community it serves. It is the policy of this department to inform members of the public that
language assistance services are available free of charge to LEP persons and that the Department
will provide these services to them as part of the department’s community policing and
enforcement efforts.
II. DEFINITIONS
A. PRIMARY LANGUAGE: The language in which an individual is most effectively able to
communicate.
B. LIMITED ENGLISH PROFICIENCY (LEP) PERSON: Individuals whose primary language
is not English and who have a limited ability to read, write, speak, or understand English.
C. INTERPRETATION: The act of listening to a communication in one language (source
language) and orally converting it to another language (target language) while retaining the
same meaning.
D. TRANSLATION: The replacement of written text from one language (source language) into
an equivalent written text into another language (target language).
E. QUALIFIED BILINGUAL MEMBER: For purposes of this order, SFPD members who
identify themselves as “bilingual” must demonstrate, through a formal procedure which has
been established by the Department of Human Resources (DHR), competency to communicate
in the source language by demonstrating the ability to listen to a communication in one
language (source language) and orally convert it to another language (target language) while
retaining the same meaning. The Department will provide all members with training in
interpreting techniques, roles, and ethics so
137that they may understand and follow
confidentiality and impartiality rules for interpreters as defined by DHR.

San Francisco Police Department

Officer Involved Shooting Study

DGO 5.20
10/17/07

F. QUALIFIED CIVILIAN INTERPRETER: A Qualified Civilian Interpreter is an individual
who has been certified by the City or other designated qualifying agency. A Qualified Civilian
Interpreter may be an employee of another city department or an outside agency contracted to
provide language interpretation services to the Department. The Department will contract with
outside agencies to provide in person as well as telephonic interpretation services.
G. EXIGENT CIRCUMSTANCES: Exigent circumstances are defined as situations that require
deviation from procedures, such as a threat to life, safety, or property, a fleeing suspect, or the
potential loss or destruction of evidence. (e.g., physical loss of property, witness or victim.)
III. PROCEDURES
SFPD members are to follow these procedures in all encounters absent exigent circumstances;
however, exigent circumstances may require some deviation. In such situations, SFPD members
shall use the most reliable, temporary interpreter available. Once the exigency has passed,
members are expected to revert to the procedures set forth in this general order.
A. GENERAL. The following procedures shall apply to members who encounter LEP individuals
while performing law enforcement functions.
B. IDENTIFICATION OF PRIMARY LANGUAGE.
1. All SFPD members will be provided a language identification card to aid in the
identification of the primary language spoken by the LEP individual.
2. SFPD members should display the language identification card to the LEP person so the
person can identify the language they speak prior to calling a qualified bilingual member,
contract, or professional interpretation service. The member should then request the
appropriate interpreter.
3. If the LEP person does not appear able to read or understand the language identification
card, the member should call Department of Emergency Management (DEM/ECD) or the
professional interpretation service and advise the service of the situation. With assistance
from the language service member, members should attempt to ascertain the LEP
individual’s language in order to obtain a suitable interpreter.
C. USE THE SERVICES OF BILINGUAL MEMBERS
1. Staff Services shall maintain a listing of all SFPD Qualified Bilingual Members. This list
will be provided to and kept at the Operations Center.
2. In the event that SFPD Bilingual Members are unavailable, SFPD members may also
utilize a Qualified Civilian Interpreter. Contract and professional interpretation
associations, or other professional interpreter services include interpretation services
offering in-person interpretation, as well as those offering telephonic interpretation. SFPD
2

138

San Francisco Police Department

Officer Involved Shooting Study

DGO 5.20
10/17/07

officers shall be provided with the appropriate contact information and any department
account code information to access such services.
D. ORDER OF PREFERENCE. Members shall provide oral interpretation services to LEP
persons they encounter in the following order of preference unless deviations are required to
respond to exigent circumstances.
1. Direct Communication by Qualified Bilingual Member: The preferred method of
providing services to LEP persons is through the use of a Qualified Bilingual Member.
2. Use of Qualified Civilian Interpreter: When Qualified Bilingual Members are unavailable,
members shall use a Qualified Civilian Interpreter or a professional interpreter to provide
in person interpretation services.
3. Telephone Interpreter: When qualified interpreters are not available to provide service in
person, SFPD members may utilize DEM/ECD or use the language card to access the
professional language service provider or Qualified Civilian Interpreter to provide
interpretation services by telephone.
4. Officers should take reasonable steps to insure that the qualified interpreter does not know
any of the parties.
E. RESTRICTIONS.
1. SFPD members should not use family members, neighbors, friends, volunteers, bystanders
or children to interpret for a LEP person unless exigent circumstances exist and a more
reliable interpreter is not available, especially for communications involving witnesses,
victim and potential suspects, or in investigations, collection of evidence, negotiations or
other sensitive situations.
2. If an exigent circumstance requires a member to use family members, neighbors, friends,
volunteers, bystanders or children for initial language assistance, the member shall seek the
assistance of a Qualified Bilingual Member, Qualified Civilian Interpreter, or other
professional interpreter to confirm or supplement the initial translation or interpretation as
soon as practical.
F. GENERAL INTERVIEWS: When conducting general interviews, members should seek the
assistance of a Qualified Bilingual Member, Qualified Civilian Interpreter, or other
professional interpreter, or the language line whenever the member encounters an LEP person
who requests an interpreter or is unable to communicate with or is experiencing difficulty
communicating with the member.
G. FORMAL INTERVIEW: The accuracy of victim and witness statements is a priority in
criminal investigations. Thus, to ensure effective communication and accuracy, either a
Qualified Bilingual Member or Qualified Civilian Interpreter shall be used when taking formal
statements or conducting any formal interview of a LEP witness and/or victim. Written forms
shall be provided to the witness and/or victim in his or her primary language when available.
In the case of forms that have not been translated into the LEP person’s primary language and
3

139

San Francisco Police Department

Officer Involved Shooting Study

DGO 5.20
10/17/07

in the case of illiteracy, forms shall be read to the witness and/or victim in his or her primary
language by a Qualified Bilingual Member, or Qualified Civilian Interpreter.
H. INTERROGATIONS
1. The Miranda admonition, and all other written forms shall be provided to the suspect in his
or her primary language when available. In the case of forms that have not been translated
into the LEP person’s primary language and in the case of illiteracy, forms shall be read to
the suspect, by the Qualified Bilingual Member or Qualified Civilian Interpreter, in his or
her primary language.
I. PROCEDURES FOR SPECIFIC SCENARIOS
1. Custodial Interrogations and Crime Victim Interviews:
a. Formal crime victim interviews and custodial interrogations of suspects potentially
involve statements with evidentiary value, upon which an individual may be impeached
in court. As such, accuracy is a priority. Moreover, a failure to protect the rights of LEP
individuals during arrests and custodial interrogations presents risks to the integrity of
the process. SFPD members must recognize that miscommunication during custodial
interrogations may have a substantial impact on the evidence presented in any related
criminal prosecution. A Qualified Bilingual Member or Qualified Civilian Interpreter
shall be used for any custodial interrogation or taking of a formal statement where the
suspect or witness’ legal rights could be adversely impacted. The preferred method for
interviewing a LEP individual is direct communication. When a Qualified Bilingual
Member is not available to directly communicate with a LEP individual a Qualified
Civilian Interpreter shall be provided. The following procedures shall be utilized in
custodial interrogations:
1) Contact a Qualified Bilingual Member or Qualified Civilian Interpreter to appear in
person, unless the LEP person consents to the use of an interpreter via telephone or
other exigent circumstance(s) exist. SFPD members shall have access to contract
interpreters and/or a directory of professional interpreter associations and services.
All LEP custodial interrogations shall be taped unless exigent circumstance(s) exist.
2) Advice of Miranda admonition and all other written forms and notices shall be
provided to both the suspect and witness in his or her primary language when
available. In the case of forms that have not been translated into the LEP person’s
primary language and in the case of illiteracy, forms shall be read to the individual,
by the Qualified Bilingual Member or Qualified Civilian Interpreter, in his or her
primary language.
2. Field Contacts, Enforcement, and Investigations:
a. Field contacts with LEP persons could generally include such contacts as traffic stops,
pedestrian stops, serving warrants and restraining orders, crowd/traffic control and
other routine field contacts.
4

140

San Francisco Police Department

Officer Involved Shooting Study

DGO 5.20
10/17/07

3. Notification of Interpretation Services to LEP Individuals: At the main public entry or
lobby of each SFPD Facility, as defined in Administrative Code Section 91.2 (e), signs
shall be posted stating that interpreters are available free of charge to LEP individuals.
J. INCIDENT REPORTS. Whenever an incident report is prepared regarding an incident
involving an LEP person, the incident report shall identify the primary language spoken by the
LEP individual, the person who provided the interpretation, and the manner in which
interpretation services were provided.
K. TRANSLATED DOCUMENTS. SFPD shall maintain written forms and guidelines for
assistance to LEP individuals.
1. Transcribing Tapes and Other Evidence Into English: The Department shall translate tapes,
documents, evidence, or documents submitted by LEP individual(s) into English when
such evidence is necessary to continue the investigation and/or prosecution of a criminal
case or a Departmental administrative investigation.
L. AIRPORT BUREAU. Airport Bureau members, and other members of the San Francisco
Police Department providing services at the Airport, will adhere to department policies.
Airport Bureau members and other members of the San Francisco Police Department providing
services at the Airport will contact Airport Communications when language assistance is
required at the San Francisco International Airport.
M. COORDINATION WITH DEPARTMENT OF EMERGENCY MANAGEMENT. On a
monthly basis the Department shall provide the Department of Emergency Management
(DEM/ECD) with a copy of the Department’s Bilingual Personnel List.
N. TRAINING.
1. In an effort to ensure all SFPD members are properly trained in these guidelines, the SFPD
will provide periodic training in member awareness of the LEP policies, how to access both
in-person and telephone interpreters, and how to work with interpreters. The Department
shall conduct such trainings for new recruits, at in-service training and at Roll Call for
SFPD members at least every two (2) years. Initial training shall be conducted within 180
days of the Police Commission’s adoption of this General Order.
O. RECORDING AND TRACKING OF LANGUAGE ACCESS EFFORTS: The Deputy Chief
of the Administration Bureau will be responsible for, and will direct as necessary, divisions
within the Bureau to address translation and interpreter services, develop training, respond to
language access concerns/suggestions by staff and the public, review Department progress and
coordinate budgetary, procurement and contracting matters related to language access.
1. Language Access Liaison Officer
a. The Department shall designate a Language Access Liaison officer. This officer shall
prepare quarterly (or more frequently as needed), a written report on LEP matters,
through the chain of command, to the Chief of Police.
5

141

San Francisco Police Department

Officer Involved Shooting Study

DGO 5.20
10/17/07

b. The Language Access Liaison officer’s duties include but are not limited to:
1. Monitoring compliance with the General Order;
2. Coordinating language access training at the Academy;
3. Coordinating interpreter training for qualified bilingual members and employees;
4. Coordinating telephonic and third party interpreter services as required by this order;
5. Working with the Department of Emergency Management to establish a system that
immediately identifies LEP calls and promptly dispatches language assistance,
preferably with a bilingual officer speaking the needed language;
6. Coordinating as needed meetings with the Office of Citizen Complaints and
community groups to discuss and resolve language access complaints;
7. Overseeing the LEP data collection as detailed below; (this will require
implementation of RMS); and
8. Preparing a biannual report for the Police Commission addressing the Department’s
language access efforts.
2. Each year, the Department shall collect the information required by San Francisco
Administrative Code sec. 91.9(b)(1-14). In addition, the Department shall collect LEP
data as to all calls for service, contacts and investigations that require an incident report.
3. In a yearly report to the Police Commission, the Department shall provide data concerning
1) the number of calls for service, contacts and investigations involving LEP persons where
an incident report was required; 2) the manner in which interpretation services were
provided; 3) any complaints concerning language access which have been forwarded by the
Office of Citizens Complaints; and 4) the Department’s resolution to any language access
complaints. This report shall be a public document that is posted on the Police Department
and Police Commission’s website and provided to the Office of Citizen Complaints in
advance of its presentation to the Police Commission.
_____________________________

Reference:
DGO 2.04, Citizen Complaints Against Officer

6

142

San Francisco Police Department

Officer Involved Shooting Study

Appendix Section 9.4.7

6.14

San
Sm Frmcisco
Fnncisco .Police
Police Department
Department

GENERAL ORDER

07/27194

--

PSYOIOLOGICAL
PSYCHOLOGICAL EVALUATION OF ADULTS
This
This order outlines
outlines policies
policies and procedures for dealing
dealing with psychologically
distressed
distressed adults, including abatement.,
abatement, detainment, and arrest.
arrest. It includes
includes
procedures for admission to facilities, medical treatment, weapons confiscation, and
preparation of incident reports.
reports.

I. GUIDELINES
GUIDELINES
A. CRITERIA
CRZTERIA FOR INVOLUNTARY
INVOLUNTARY DETENTIONS.
DETENTIONS. Officers
Officers may detain
detain an
individual for
for psychiatric
psychiatric evaluation pursuant to Section
Section 5150
5150 of
of the Welfare
Welfare
and Institutions
Institutions Code
Code only when the officer believes that, as a result of
mental illness,
illness, an individual
individual is:
1.
1. A danger to himself/herself, or
2. A danger to others, or

'",---

3. Gravely disabled, meaning the individual
individual is unable to care
care for
_himself/herself
and
has
no
reliable.
source
of
food,
shelter
-himself/herself and has no reliable source of food, shelter or
or clothing.
clothing.

u.
11. POllCY
POLICY
A. It is the policy of the San
San Francisco Police
Police Department
Department that in incidents
incidents
involving
psychologically distressed adults, officers
involving psychologically
officers shall:
shalk

I

I

I

I

L
L ABATE. If the individual has
has not committed aa crime
crime and is
is not, as
as aa result
of aa mental disorder, aa danger to himselfIherself,
hhseWherself, aa danger to others, or
gravely disabled,
disabled, abate
abate the
the incident and recommend
recommend that the
the individual
individual
contact aa mental health professional.
professional.

I

I

I

I

I

I

I

I

I

2. DFrAIN.
DETAIN.If an individual has not committed
committed aa crime
crime but is, as aa result of aa

I

mental disorder, a danger
danger to himselflherself,
himsel£/herself, aa danger to others, or gravely
disabled, detain
detain the individual for
for psychiatric evaluation
evaluation and treatment.
treatment.

I

I

I

I

I

I

I

I

I

I

I

I

I

I

I

1

I

I

I

I

I

I

143

I

I

I

I

I

San Francisco Police Department

Officer Involved Shooting Study

DG06.14
DGO 6.14
07/27/94

--

'-----

3. ARREST. If an individual
individual has
has committed aa crime, arrest the individual and
book or cite according
according to Department
Department policies and procedures. Cited
individuals
individuals who are, as aa result of mental disorder, a danger to
themselves, aa danger to others, or are gravely disabled shall also
also be
detained for psychiabic
.
psychiatric evaluation.
evaluation
B. ASSISTANCE
ASSISTANCE TO OUTSIDE AGENCIES
AGENCIES

L
L STAFF
STAFF MEMBER IS
IS PRESENT.
PRESENT. ~t
It is
is the intention
intention of the Department
Department that police
assistance
will be resbicted
restricted to cases where the person
pason to be
assistance to clinicians will
detained for psychiatric
(5150 W
W&
& I)
I) is
is currently
curre!ntly violent and
psychiatric evaluation
evaluation (S1SO
presenting aa public safety
safety risk.
risk
2. STAFF
STAFF MEMBER IS
IS NOT PRESENT. When an emergency
emeqency evaluation is
is
requested by aa clinician who is not at the scene, the officer shall
shall make
hislher
hidher own independent
independent evaluation and take appropriate
appropriate action
action
consistent with that evaluation.
evaluation

3. APPLICATION
APPLICATION FOR EVALUA110N.
EVALUATION. Except in an emergency situation
situation as
determined
Application for
clinician must
mast prepare the M"Application
for 72determined by the officer, a clinician
Hour Detention for
for Evaluation and Treatment" and make arrangements
arrangements
with Psychiabic
Psychiatric Emergency
Emergency Services
Services (PES)
(PES)prior to requesting
requesting assistance.
assistance.
4.
4. STAFF
STAFF mENTIFICATION.
IDENTIFICATION. Oinidans
Clinicians who are
are certified to initiate involuntary
detentions
detentions must carry an identification card issued by the County Director

of Mental Health. If the clinician
clinician cannot
cannot show
show hislher
hidher card, the decision
decision
to detain will be the respoDSibility
responsibility of the officer
officer at the scene.

. ..

5. TltANSPOKTA110N.
TRANSPORTATION. If all
If criteria are
are met
met for
for aa psychiatric
psychiatric detention, take
the
person
and
the
clinician's
paperwork
to
PES
PES at SFGH only. If the
the
cluuclan's
person is c:urrenOy
currently Dot
not demonstrating
demonstrating aa public safety
safety risk,
risk,do
do not transport.
transport,
Advise the clinician
clinician to consult with hislher
his/her supervisor regarding
appropriate
appropriate transportation.

2

144

- .----/

San Francisco Police Department

Officer Involved Shooting Study

DG06.14
DGO 6.14
07/27/94

III.
111. PROCEDURES
PROCEDURES
A. ABATEMENT.
ABATEMENT. When abating aa situation
situation involving
involving aa .mentally
mentally disturbed
disturbed
individual,
individual, follow
follow these"
these-procedures:
1.
1. INCDENT
INCIDENT REPORT.
REPORT. If the
the individual
individual needs
needs psychiatric evaluation
evaluation but does
does
not meet 5150
Aided
5150 W & II criteria, prepare an incident report entitled
entitled II"Aided
Case/Request Evaluation"
Evaluationf' and list the individual as
as II£Y'
'9'' (detained).
(detained).
22 COPIES.
corn. Forward a copy of the report to the Psychiatric
Psychiatric Liaison Unit which
will be responsible
responsible for appropriate
appropriate follow
follow up.
B. DETENTION.
DETENTION. When detaining
detaining an
an individual
individual for psychiatric evaluation and
treatment, follow
follow these procedures:
1.
1. TRANSPORTATION.
TRANSPORTATION. Take the individual
individual to Psychiatric
Psychiatric Emergenq
Emergency Services
Services
(SFGH)
Application for 72-Hour Detention for
(SFGH) only and complete
complete an II"'Application
Evaluation and Treatment."

2. REPORT.
REPORT. Prepare an incident
incident report and title
title it '''Aided
"Aided Case/5150 W «1.
& I.""
_List
-List the individual
individual as "~'
'D" (detained).
(detained).
a.
a. DESCRIPTION.
DESCRIPTION. Include
Include aa detailed physical description
description of the individual
individual
and an accurate
accuratk residence
residence address.
address. Also include his/her
hisher date
date of birth,
SF
SF number, driver
driver license
license number, Sodal
Social Security number, any other
identification
idensication numbers.
numbers.
hh FIREARMS/WEAPONS.
List any confiscated
-/WEAPONS.
confiscated firearms
firearms or deacUy
deadly weapons
weapons
in the incident
report.
incident
c.
c PROPERTY.
PROPERTY.Describe how the
the person's
person's property was safeguarded or
or

placed in police custody.
custody.

de
d CRITERIA.
CRFTERIA. Describe the circumstances
circumstances that formed
formed the reasonable
reasonable and
probable cause to believe that one or more of the criteria listed
listed tinder
~ d e r
Section
Section I.,
I., A. above
above were present.

3

145

San Francisco Police Department

Officer Involved Shooting Study

DG06.14
DGO 6.14
07/27/94

---

---.-/

c.
C. ARRESTS.
ARRESTS. After arresting
arresting aa mentally disturbed individual for a criminal
criminal
offense,
offense, cite
cite or book according
according to DepartInent
Department policy (see 0005.06"
DGO 5.06, Citation
Release).
Release). Also
Also follow
follow these procedures:
1.
1. CITATION.
CITATION. If
If an individual
individual is
is eligible
eligible for citation release, but as a result of
of a
a
danger
to
himself/herself,
a
danger
to
others,
or
is
mental disorder is
is a
himself/herself,
gravely disabled,
disabled, cite
cite the individual
individual and take him/her
him/her to PES
PES at SFGR
SFGH.

Indicate
Application for 72-Hour Detention for Evaluation and
Indicate on the ~I"Application
Treatment"
has been cited for an offense.
Treatment" that the person has
2. BOOKING.
BOOKING. If
If an individual
individual cannot be cited pursuant to Department policy,
book him/her and request on the booking form
fonn that the Jail Psychiatric
Services
Services evaluate
evaluate the individual
individual in the jail.
3.
report"
3. INCIDENT
INCIDENT REPORT.
REPORT. In either of
of the above
above cases,
cases, prepare an incident report.
and forward
forward aa copy to the Psychiatric Liaison Unit. Title the report by the
offense
offense and indicate
indicate that you have either cited and detained the
individual
individual for
for psychiatric evaluation
evaluation or booked the individual
individual and made a
referral
referral to Jail Psychiatric
Psychiatric Services.
Example:
Example: Battery/Fists/Cited
Battery/Hsts/Cited &
& 5150'd
5150'd
Robbery/
Gun/Referral Made to Jail Psychiatric
Robbery/Gun/Referral
Psychiatric Services

D. FACILITIES.
FACIUTES. Currently,
Currently, adults
adults are evaluated at Psychiatric Emergency
Services
Services (PES) at SFGH.
SFGH. Due to policy and budget considerations, facilities
facilities
may change
~ges will be
change along
along with the hours of operation.
operation. Any changes
announced
announced in Department Bulletins.
Bulletins.
E.
such thing as
as a Ilvoluntary
"voluntary 5150."
5150."
E VOLUNTARY ADMISSIONS.
ADMISSIONS. There is no such
The fact
fact that an individual
individual is
is willing to accompany
accompany you to a psychiatric faCility
fadlity
. The
does
does not make the evaluation
evaluation voluntary. If
If you believe that psychiatric
Application for 72-Hour Detention for
evaluation
is necessary, complete an II"Application
evaluation is
Treatment" even though the individual willingly
Evaluation and Treatment"
accompanies you to PES.
PES.
accompanies

4

146

-...-r

San Francisco Police Department

Officer Involved Shooting Study

DG06.14
DGO 6.14
07/27/94
07/27/94
F. COORDINATING
C O O R D I N A ~ GPSYCHIATRIC
PSYCHIATRIC DETENTION WITH
WlTH EMERGENCY
EMERGENCY
TREATMENT. If
If an individual
individual is injured
injured or ill
ill,, you must have
MEDICAL TREATMENT.
evaluation. The
him/her medically treated before requesting aa psychiatric evaluation.
following
following procedures
procedures apply when an
an individual
individual is
is not under arrest:
arrest:

1. SAN FRANOSCO
FXANClSCO GENERAL HOSPITAL.
HOSPITAL. If
If the individual is
is being treated at
1.
San Francisco General
General Hospital, Emergency Department, go
go to the

Services (PES)
(PES)and complete
complete the "Application for 72Psychiatric Emergency Services
Hour "Detention
'Detention for Evaluation and Treatment."
Treatment." Leave the original at PES
and take aa copy to the emergency room attending
attending physician. Your
responsibility
responsibility ends
ends here. Any security services
services will be provided by SFGH
SFGH
Institutional
.
Institutional Police.
FAaLlTIES. When an individual
individual is being treated at any
22 OTHER MEDICAL FACILITIES.
hospital emergency room, a:>mplete
complete the "Application for 72-Hour
other hospital
Detention for Evaluation
the attending
attending
Evaluation and Treatment"
Treatment" and present it to the
physician. The physician.
physician is
is responsible
responsible for
for arranging
arranging for transportation of
the patient to PES at San Francisco
Francisco General
General Hospital.
Hospital. Any security
required will be provided by the hospital's
hospital's security
security staff. Your
responsibility ends here.
respo~ibility

3. -'INCIDENT
INODENT REPORT
lEVALUATION FORM.
REPORT/EVALUATIW
HIRM. In either of the cas~
cases above, prepare

an incident report, title it "Aided Case/5150 Detention," and attach aa copy
of the "Application
Detention for
uApplication for 72-Hour"
72-Hour .Detention
for Eyaluation
Evaluation and Treatment"
Treatment"
to it. list
List the individual
individual as
as ''{)''
'W' detained and include the circumstances
circumstances of
incident, the name of the medical facility,
facility, and the attending
attending physician.
the incident,
G.
G. JUVENILES.
JUWNILSS. See DGO 7.02,
7.02, Psychological
Psychological Evaluation of
of Juveniles.

5

147

San Francisco Police Department

Officer Involved Shooting Study

DG06.14
DGO 6.14
07/27/94

---

H. FIREARMS
mREARMS AND
AND DEADLY WEAPONS.
WEAPONS. Welfare and Institutions Code
Section
Section 8102
8102 requires law enforcement
enforcement officers
officers to seize firearms
firearms and other
deadly
weapons
from
individuals
detained
or
apprehended
for examination
deadly weapons from individuals
ecamination
of aa mental
&I. When seizing
mental condition
condition pW'SUant
pursuant to Section 5150
5150 W
W&I.
seizing a firearm'
~gal Division \
. or deadly weapon, advise
advise the individual to contact the SFPD
SFPD Legal
concerning
concerning its
its return.
return. Also fax
fax a copy of your incident report to the
the
Department's
Legal
Division.
Department's Legal

1.
1. MENTAL HEALTH FIREARMS
FIREARMS PROHIBmON SYSTEM. The
Department of Justice, Bureau of Criminal Identification and Infonnation,
Infomation,
has
developed
a
data
base
for
the
Mental
Health
Firearms
Prohibition
has
for
Finearms
System
System (MHFPS).
(MHFPS).If
If you are
are conducting
conducting a criminal investigation that
involves
involves the acquisition,
acquisition, carrying or possession of a firearm, the CLETS
data base will include
may
include aa message that the person you are investigating
investigating rnay
be subject
subject to
to aa mental health firearms
firearms prohibition pursuant to Sections
Sections
8100/8103
8100/8103 of the Welfare
Welfare and Institutions
Institutions Code. This
This message is provided
in addition
addition to the person's
person's name, personal description,
description, available
identifying
identifying numbers,'
numbers, such as
as driver's
driver's license, Sodal
Social Security,
M t y , California
Identification, Military
Identification,
or
other
miscellaneous
miscellaneous
Military Identification,
identification numbers. You can use any CABLE terminal that has CLETS
incfuiry
inquiry capability to access
access this data base using one of two ways:

a. Usinl
Usine RFI
RF/
a.
RF/CJIS/FQA
• RF/C]IS/FQA

Name inquiry

• RF/CjIS/FQN Number inquiry

RF/CJIS/IsQP
• RF/CJIS/FQP

Recotd number inquiry
Record

b. Usini
Usine
- the HELP system
svstem
You can access
access the three inquiries
inquiries listed above using the .HELP
.HELPsystem
You
first selecting
selecting the ~Jrearms
Fiiearms category (E),
(El' then
then the
the M
H P S category
by first
MHFPS
(E7), finally
finally entering
entering the respective
respective category for
for name inquiry
inquj. (E7A),
(E7A),
(E7),
number inquiry (E7B),
(E7B), or record number inquiry (E7C).
(EX).
If you need the reason
reason aa person has
has been prohibited from owning

firearms, contact the
the OOJ
DOJ Firearms Oearance
Clearance Section.
Section.

6

148

.

._+-.-/-

San Francisco Police Department

Officer Involved Shooting Study

DGO 6.14
DG06.14
07/27/94
07/27/94
I.I. PROPERTY.
PROPERTY. When
When detaining
detaining an
an individual
individual per
per 5150
5150W
W && I,I, take
take
reasonable
precautions
to
secure
his/her
premises
and
private
property.
secure
hidher
premises
and
private
property.
reasonable precautions to
this in
in your
your incident
incident report.
report. Any
Any personal
personal property
property that
that cannot
cannot
Document this
Document
be
beproperly
properlysecured
securedmust
must be
bebooked
booked as
asProperty
Propertyfor
forSafekeeping
Safekeeping(see
(see DGO
DGO
6.15,
6.15, Property
PropertyPro·cessing).
Proressing).

J.J. MEDICATION.
MEDICATION. Any
Any medication
medication seized
seized goes
goes with
with the
the individual
individual either
either to
to
jail
jail or
or the
the hOSpital.
hospital.

K.
K.QUESTIONS.
QUESTIONS. For
For consultation
consultationor
or information,
information, call
call officers
officers at
at the
t h "SFPD
e's~p~
Psychiatric
PsychiatricLiaison
LiaisonUnit
Unit (PLU)
(PLU)at
at206-8099
206-8099 (Monday
(Monday--Friday
Friday 0900-1700
0900-1700hrs.).
hrs.).
During
During non-business
non-business hours,
hours, contact
contact the
the PLU
PLU through
through the
the Operations
Operations
Center.
Center.
LL TARASOFF
TARASOFFINCIDENTS.
INCIDENTS. See
SeeDGO
DGO6.21,
6.21, Tarasoff
Tarasoff Incidents.
Incidents.

References
References
000
DGO 7.02,
7.02, Psychological'Evaluation
Psychological 'Evaluationof
of Juveniles
Juveniles
000
3.23,
Department
Weapon
Return
DGO 3.23, Department Weapon Return Panel
Panel
5150
5150W
W &&IICode
Code
8102
8102W
W &&IICode
Code

7

-~.'

149

San Francisco Police Department

Officer Involved Shooting Study

Appendix Section 9.4.8

7.02

San Francisco
Francisco Police Department
L..

GENERAL ORDER

Rev. 08/04/04

PSYCHOLOGICAL EVALUATION
EVALUATION OF JUVENILES
JUVENILES
This
This order presents guidelines
guidelines for arrangement
arrangement of emergency
emergency psychological
psychological assessment of
persons under the age of eighteen, including coordination,
emergency
medical treatment
coordination,
and filing
filing of criminal charges.
charges.

I.

INFORMATION
INFORMATION AND GUIDELINES
GUIDELINES
A. PSYCHOLOGICAL DISTRESS.
DISTRESS. Occasionally,
Occasionally, officers
officers may come into
contact with a juvenile who appears
appears to be in acute psychological
psychological distress.
distress. In
symptoms, this distress
distress may be characterized by severe
addition to many other symptoms,depression,
depression, suicidal
suicidal behavior,
behavior, or threats of violence
violence constituting a d3.Qger
danger to the
juvenile or to others.
others.
B.

COMPREHENSIVE CHILD CRISIS
CRISIS SERVICE
SERVICE (CCCS).
(CCCS). CCCS
CCCS is a program
COMPREHENSNE
Francisco Department of Public
of the City and County of San Francisco/ San Francisco
Health1 Community
Community Behavioral
Behavioral Health Service.
Service. It is the City and County of
Health!
San Francisco's designated agency responsible for psychiatric evaluation of
persons under 18
18 years who may require
services. CCCS is
persons
require urgent psychiatric services.
response time of approximately
approximately 30
a 24-hour mobile response
response unit that has a response
minutes. The telephone
telephone number for'CCCS
for CCCS is (415) 970-3800.
970-3800. To obtain an
minutes.
emergency
emergency evaluation,
evaluation, call CCCS
CCCS and request services.

C. PSYCHIATRIC
PSYCHIATRIC EMERGENCY
EMERGENCY SERVICES
SERVICES (PES).
(PES). PES is a holding facility
adults at San Francisco
Francisco General Hospital, 1001
1001 Potrero Ave, San Francisco,
for adults
CA. (415)
(415) 206-8125.
206-8 125. Ifjuveniles need to be assessed in a secure setting,
CA.
CCCS
CCCS will determine
determine if the juvenile should go to PES. IfCCCS
If CCCS determines
that an evaluation
evaluation should
should occur at PES, a CCCS
CCCS team will meet the juvenile
adult at PES. If an adult does not accompany the juvenile to
and responsible adult
PES, the officer will be required to stay throughout the evaluation.
evaluation. Do not
transfer a juvenile to PES without first
first consulting
consulting with CCCS.

11.
II.

POLICY
A.
A.

It is the policy of the San Francisco Police
Police Department that officers
officers respond in
a helpful manner to juveniles whom they believe to be in acute psychological
distress. Pursuant to section
section-5585.50
5585.50 of the Welfare and Institutions Code, an
distress.
officer may take a minor for psychiatric evaluation
evaluation when the minor, as a result
of
of mental disorder,
disorder, is a danger to others, is a danger to himself/herself,
himselfierself, or is
gravely disabled,
disabled, and authorization
authorization for voluntary treatment is not available.
available.
These
&I
These are the same criteria that apply to adults
adults under section 5150
5150 W
W&
Code.
Code.

150

San Francisco Police Department

Officer Involved Shooting Study

DGO 7.02
7.02
08/04/04
Members are required to provide a Miranda Advisement
Advisement only in instances
instances
described in the Welfare
625(c).
Welfare and Institution Code §9 625(c).

III.
111.

PROCEDURES.
PROCEDURES.
A.
A. CCCS ASSESSMENT WITHOUT PENDING CRIMINAL
CRIMINAL CHARGES.
CHARGES.
When requesting
requesting an assessment,
assessment, follow
follow these procedures:
procedures:

1. NOTIFICATION.
NOTIFICATION. Notify CCCS.
CCCS. CCCS
CCCS will consult with you and decide
1.
evaluation.
where an assessment team will meet with you to conduct the evaluation.
2. SUPERVISION.
SUPERVISION. If a responsible
responsible adult (parent,
(parent, legal guardian,
guardian, or school
staff)
staff) does
does not accompany the juvenile, the officer shall
shall remain until the
evaluation is complete.
complete.
B. CCCS
CCCS ASSESSMENT WITH PENDING CRIMINAL CHARGES.
CHARGES.
requesting an assessment of a juvenile in custody for a criminal
criminal offense,
offense,
When requesting
follow
follow these
these procedures~
procedures:

PROCEDURES. When it is appropriate
appropriate to issue
issue a criminal
1. CITATION PROCEDURES.
citation
citation (see DGO 5.06, Citation Release), telephone CCCS
CCCS and arrange
arrange to
assessment team meet with you to conduct an evaluation.
evaluation. Members
have an assessment
must remain with the juvenile during the evaluation.
evaluation. If the juvenile is not
& I, the officer, prior to citing
citing the juvenile,
5 150 W &
placed on a hold per 5150
receiving facility
facility during
during their operating
operating hours.
shall contact the authorized receiving
A
A probation officer from
from the authorized
authorized receiving
receiving facility,
facility, after consulting
consulting
determine whether the arrested juvenile should be
with the member, will determine
brought to his/her
hisher facility.
facility.
2. BOOKING PROCEDURE.
PROCEDURE. When booking is required,
required, follow
follow these
procedures:
a.
transporting a juvenile, contact CCCS as soon as practical and
a. Prior to transporting
arrange
arrange to have the assessment
assessment team meet with you. A member of the
assessment
assessment team will consult with you and determine
determine where the
evaluation
evaluation should take place. (CCCS
(CCCS may join the officer(s) in the field
field
and evaluate
evaluate the juvenile at home, school,
school, CCCS
CCCS office, PES or other
locations
locations appropriate for the situation.)
situation.)
b. Stay
Stay with the juvenile. If the assessment
assessment team decides
decides not to request a
psychiatric evaluation (5150
(5 150 W& I), the arresting officers,
officers, prior to

2

151

-/-

San Francisco Police Department

Officer Involved Shooting Study

7.02
DGO 7.02
08/04/04
booking the juvenile, shall contact the authorized receiving facility
during its operating
operating hours.
hours. A probation officer from the authorized
receiving
facility,
after
consulting with the member, will determine
determine
receiving facility,
whether the arresting
his/her location.
arresting juvenile should be brought to hisher
c. If the assessment team decides
decides to psychiatrically hospitalize the juvenile
for psychiatric
psychiatric evaluation.
evaluation. CCCS staff will make arrangements
arrangements to secure
an inpatient psychiatric bed and transportation to that bed.
d.
of
d. Put a "police hold" on the juvenile by filling
filling out the lower portion of
"Application for 72-hour Detention for Evaluation
Treatnlent,"
Evaluation and Treatment,"
under the section labeled "Notification
"Notification to be provide to Law
Enforcement
Enforcement Agency." Notify the staff that you will book the juvenile
into Youth Guidance Center in absentia.
absentia. Leave the juvenile in CCCS
custody, complete
complete the admissions
admissions form and deliver it to the Youth
Guidance
Guidance Center.
C.
C. NOTIFICATION AND TELEPHONE CALLS.

1. NOTIFICATION.
NOTIFICATION. Take reasonable
reasonable and immediate steps to notify the
1.
juvenile's
juvenile's parent, guardian or responsible
responsible relative that the juvenile is in
custody and is being detained for assessment.
assessment. Inform the parent or guardian
custody
that they may be present during the assessment
assessment or should be accessible by
phone to talk with CCCS during
during the evaluation.
evaluation.
2.
2. TELEPHONE CALLS. Advise the juvenile that he/she has a right to make
(2) completed
completed phone calls:
calls: (1) to a parent, guardian,
at least (2)
guardian, responsible
relative or employer,
employer, and (1) to an attorney.

COORDINATION OF CCCS
CCCS ASSESSMENT WITH EMERGENCY
D. COORDINATION
MEDICAL TREATMENT.
TREATMENT. When requesting an assessment of
of a juvenile
receiving
receiving emergency
emergency medical treatment, follow this procedure:

1. NOTIFICATION. Telephone CCCS from the emergency room. CCCS will
1.
consult with you regarding coordination
coordination of its psychological
consult
psychological assessment
emergency medical treatment.
treatment. CCCS will respond to the emergency
with the emergency
cleared.
room when the juvenile is medically cleared.
E. COORDINATION
COORDINATION OF CCCS ASSESSMENT WITH EMERGENCY
TREATMENT OF A JUVENILE IN
IN CUSTODY FOR CRIMINAL
MEDICAL TREATMENT
OFFENSE.
OFFENSE. When requesting
requesting an assessment of a juvenile who is in custody for

3
152

San Francisco Police Department

Officer Involved Shooting Study

DOO
DGO 7.02
08/04/04
08/04/04

-----

-/

a criminal
criminal offense and is receiving
receiving emergency medical treatment, follow these
procedures:
procedures:

1.
1. NOTIFICATION.
NOTIFICATION. Tele.phone
Telephone CCCS
CCCS from the emergency room. CCCS will
consult with you regarding coordination of its psychological assessment
with the emergency medical treatment. CCCS
CCCS will respond to the
emergency
emergency room when the juvenile is medically cleared.
2. CITATION. If appropriate
appropriate (see DGO 5.06, Citation Release) cite the
juvenile. Prior to releasing
releasing the juvenile, arresting officers shall contact the
authorized receiving facility during its operating hours. A probation officer
from
fiom the authorized receiving facility,
facility, after consulting with the officer, will
determine
his/her
determine whether the arrested
arrested juvenile should be brought to hisher
location.
location.
3. BOOKING. If the juvenile must be admitted to the hospital, and booking is
required, place a "police hold" on the
juvenile with the emergency room
required,
thejuvenile
staff by following these procedures:
a.
a. Complete the lower portion of the "Application for 72- hour Detention
for Evaluation and Treatment" under the section "Notification to be
provided to Law Enforcement
Enforcement Agency."
b. Complete a YGC Admission Form and deliver it along with a copy of
of
the completed "Application for 72-hour Detention for Evaluation
and Treatment" to the Youth Guidance Center. The absentia booking
process is complete. The officer shall remain at the hospital until a
fiom YGC arrives
arrives to relieve himher
probation officer from
him/her of responsibility
for the juvenile.
F. INCIDENT REPORT
1.
1. NO PENDING CRIMINAL CHARGES.
CHARGES. Write an incident report, title it
Case/S 150 Evaluation/CCCS."
EvaluationICCCS."
"Aided Case/5150

PENDING CRIMINAL
CRIMINAL CHARGES. If criminal charges are involved,
2. PENDING
write an incident report and title it by the primary offense, e.g.,
write
BatteryIFistslAided Case/5150
Case15 150 Evaluation/CCCS.
EvaluationlCCCS.
Battery/Fists/Aided

4

153

San Francisco Police Department

Officer Involved Shooting Study

DGO 7.02
08/04/04
G. QUESTIONS.
QUESTIONS. For consultations
consultations or further
M e r information,
information, call the Juvenile
Division at (415)
(415) 558-5500, Monday-Friday, 0900-1700
0900-1700 hours. During nonbusiness hours, contact the Operations Center.
Center.

Reference
DGO 5.06, Citation Release
Release
DGO 7.01,
7.0 1, Juvenile
Juvenile Policies and Procedures

---..,.

5
154

San Francisco Police Department

Officer Involved Shooting Study

Appendix Section 9.4.9

8.02

San
San Francisco
Francisco Police
Police Department
-.

GENERAL ORDER

08/03/94

HOSTAGE
INODENTS
HOSTAGE AND BARRICADED
BARRICADED SUSPECT INCIDENTS
This
This order specifies
specifies procedures
procedures for handling hostage and barricaded suspect

incidents, establishes
establishes negotiation policies,
policies, and outlines
outlines the duties
duties of
of responding
officers.
officers.

I. DEFINITIONS
A. HOSTAGE
HOSTAGE INCIDENT.
INCIDENT.A hostage incident is a situation where a suspect
holds
another person against his/her
hidher will and where the suspect generally
holds another
would be in violation of 236 P
P..C.
C.(False
(False Imprisonment).
Imprisonment).

B. BARRICADED SUSPECI'
SUSPECT INCIDENT.
INCIDENT.A barricaded
B.
barriCaded suspect incident is a
defensive
situation where aa criminal, intent upon evading arrest, takes up a defensive
situation
others
position armed
armed with aa gun,
gun, explosive,
explosive, or aa weapon capable
capable of
of harming o
thers
and presents aa deaclly
deadly hazard to arresting officers.
officers.

n.poucy
11. POLICY
-",,--."

HOSTAGE INODENTS.
INCIDENTS.In the event that a person is being held hostage and
A. HOSTAGE
normal police procedures fail to bring about hislher
hidher release, it is the policy of
normal
of
the San
San Francisco
Francisco Police
Police Departmen~
Deparbnent to use
use hostage negotiators
negotiators to attempt a
release of the hostage
hostage and the surrender of the suspect.
negotiated release
B.
that a suspect resists
B. BARRICADED
BARRICADED SUSPECT
S U S P E a INODENTS.
INCIDENTS. In the event that-a
resists
amest by barricading himself, and
and normal
normal police procedures fail to bring about
arrest
mest, it is
is the policy of the San
San Francisco
Francisco Police Department to use
his arrest,
use
hostage
hostage negotiators
negotiators to attempt aa negotiated surrender.
surrender.

C NEGOTIATIONS POllCY
POLICY
C
L EVALUATION.
EVALUATION. The
The Hostage Negotiation Team will evaluate aU
available
L
all available
the suspect and the
the situation, and will advise the
information about the
information
Commander of the potential for suc~essful
successful negotiation.
negotiation
Operational Commander

~.'

1

155

San Francisco Police Department

Officer Involved Shooting Study

0008.02
DGO 8.02
08/03/94
08103194

.--

METHODS OF NEGOTIATIONS.
NEGOTIATIONS. Negotiations will be conducted by telephone,
2. ME1HODS

field
field phone or by voice with negotiators in aa secure
secure position. Face-to-face
negotiations
negotiations shall
shall be used only as a last resort and must be authorized by
the Operational
Operational Comm.ander
Commander with the concurrence
concunence of the Deputy Chief of
Field Operations.
.
Operations.
3. DEMANDS. The suspect's
suspect's demands
demands will
will be evaluated by the Hostage
Hostage
Negotiation Team and relayed to the Operational
Operational Commander. Hostage
negotiators will
will not independently make any concessioDS;
concessions; any decisions
decisions
concerning
concerning concessions
concessions will be made by the Operational
Operational Commander.
4.
4 CESSATION OF NEGOTIATIONS.
NEGOTIATIONS. If
If a hostage is seriously injured or killed, all
all
negotiations
negotiations for concessions
concessions will cease; however, the Hostage
Hostage Negotiation
Team may continue contact with the suspect
suspect in order to gain tactical

advantage.

.

5. NECESSARY FORCE. Nothing in
in this order shall
shall preclude officers
officers from
from
5.
using necessary force
force to protect themselves
themselves and others
others from death or
serious
serious injury (see DGO 5.01,
5.01, Use of Force and DGO 5.02,
5.Q Use of Firearms).
Fitearms).

m.

PROCEDURES

---r-

A. OFFICER'S DUTIES.
DUTIES. When confronted with aa hostage
hostage or banicaded
barricaded suspect
incident, follow
follow these
these procedures: ..
1.
Notify Communications
I. NOTIFICATION.
N-cAnoN.
Communications Division of the situation.
situation.
2
2 EVALUATION. Request that your field
field supervisor
supervisor and the District captain
Captain
respond immediately
to the scene. If
If the District Captain
Captain is not available,
available,
immedmtely to
request that the lieutenant respond.
respond.
3. PERIMETER.
PERIMEIPC Establish a perimeter around the
the location.
location.
4. COMMAND
COMMAND POST.
POST. Establish
Establish a Command Post and notify
notify Communications
Communications
of its location
location and safe
safe avenues
avenues of approach.
approach. "
Division of

2

156

San Francisco Police Department

Officer Involved Shooting Study

DG08.02
DGO 8.02
08/03/94
B.
B. DISTRICT
DISTRICT CAPTAIN"
CAPTAIN OR LIEUTENANT
LIEUTENANT DUTIES
DUTIES
1.
1. EVALUATE.
EVALUATE. After arriving
arriving at the
the scene,
scene, evaluate
evaluate the situation,
situation, confirm
confhn that

aa hostage or barricaded suspect
suspect situation
situation exists,
exists, and make the
the proper
notifications
notifications (see
(see DGO
DGO 8.01, Critical
Critical Incident
Incident Notification).
Notification).
2.
2. COMMAND.
COMMAND. Assume command
command of
of the Field Command Post and the
as the Operational
Operational Commander.
Commander.
responsibility as
3. SPECIAUZED
SPECIALIZED UNITS. Contact the Communications
Communications Division
Division and request:

a.
a. Tactical
Tactical Specialist
Specialist Team
-

b. Hostage
Hostage Negotiation Team
c.
c Special
Special Operations
Operations Group
Group SWAT
SWAT Team

4. NOTIFICATION.
NOTIFICATION. Personally
Persondy contact the Deputy Chief of the Field
Operations Bureau and the Commander or, if
if applicable, the Night
Operations
Captain.
available.
Captain. Use aa cellular phone if available.
'---'

5.
Establish an outer perimeter
5. -PERIMETER.
PER~~ETW

C COMMAND
COMMAND POSTS.
POSTS. As the situation
situation develops
develops and various
various specialized units
C
arrive at the
the scene, three separate command posts must be established.
established. The
locations
locations of these command posts will be determined
d
m by the Operational
these three command posts are located together or at
Commander. Whether these
separate locations, a system of instantaneous and constant communication
communication
developed.
between all three must be developed.
1.
COMMAND POST/mELD
POST/FIELD COMMAND POST. The Operational
1. OPERATIONAL COMMAND
Operational
Command Post will be the source of all command authority,
au~ority, decisions
decisions and
media information.
information. It is also responsible for establishing
establishing and maintaining
an outer perimeter.
2 HOSTAGE NEGOTIATION COMMAND
COMMAND POST.
POST. The Hostage Negotiation
2
Command Post reports directly to the Operational Commander and
maintains constant contact w
with
maintains
ith the Tactical Command Post. It is
responsible for establishing
establishing contact with the suspect and will be the
of a
all
suspect.
exclusive source of
ll negotiation with the suspect.

3

157

San Francisco Police Department

Officer Involved Shooting Study

DG08.02
DGO 8.02
08/03/94

3. TACI1CAL
TACTICAL COMMAND
COMMAND POST.
POST. The
The Tactical
Tactical Command
Command Post reports
reports directly to
the Operational Commander and maintains
maintains constant contact
contact with the
Hostage Negotiation
Negotiation Command
Command Post.
Post. It is responsible for
for developing
developing
tactical plans that will
will gain
gain advantage over the suspect and
and executing
executing
those
those plans with the
the approval of the
the Operational Commander.
Commander.

References
References
Event Management
Management Manual,
Manual, SFPD
SFPD
000
Notification
DGO 8.01, Critical Incident Evaluation and Notification
DGO 8.09,"Media
8.09,'Media Relations
Relations

4

158

San Francisco Police Department

San Francisco Police Department

Officer Involved Shooting Study

Appendix Section 9.4.10

GENERAL ORDER

8.1 1
8.11
09/21/05
0912 1/05

INVESTIGATION OF OFFICER INVOLVED SHOOTINGS AND
AN11
DISCHARGES
DISCHARGES
This order outlines
outlines the rules and procedures to be followed in the conduct of all
officer-involved shooting and discharge investigations.

I.

POLICY
It is the policy of the San Francisco Police Department to respond immediately
and conduct a timely and con1plete
coniplete investigation of all officer-involved
shootings.
shootings.

II.
11. PROCEDURES

A. DEFINITIONS:
DEFINITIONS:
•

shooting. An officer's discharge of a firearm that
Officer-involved shooting.
results in the physical injury or death of a person, even if it is an
accidental
accidental discharge.
discharge.

•

discharge. An officer's discharge of a firearm that does
Officer-involved discharge.
not cause injury or death to a person. Shooting at, injuring, or killing
anjn1als
animals also falls
falls into this category,
category, including accidental discharge
without injury.

B. INVESTIGATION PROTOCOL:
PROTOCOL: Officer-involved shootings that result in
injury or death are investigated in two distinctly separate venues:
1.
1. Criminal Investigations. Investigations to determine if there was
criminal conduct on the part of the involved officer(s) are conducted
separately by the Homicide Detail and the Office of the District
Attorney.
Attorney.

Sun Francisco International
Officer-involved shootings occurring on San
property or in San
Airport property
Sun Mateo County shall be investigated by the
Of$ce in conjunction with the San Mateo
Sheriff Office
San Mateo County Sheriff's
County District Attorney's
Attorney's Office.
Office.

1
159

San Francisco Police Department

Officer Involved Shooting Study

DGO 8.11
8.11
09/21/05
0912 1/05
2. Administrative Investigation.
Investigation. Investigations to determine if the officerinvolved shooting was within Department policy are conducted
separately by the Management Control Division and by the Office of
Citizen Complaints if and when initiated by a citizen complaint.
complaint.

If

If the officer-involved
San Francisco International
oflcer-involved shooting occurs on Sun
Airport property
property or on its surrounding areas, the Management Control
Division shall contact the San
Sun Mateo County SherifJ's
S h e r i f s investigators and
the San
Sun Mateo County District Attorney's
Attorney's Offi-ce
Office investigators
for the criminal investigation and request copies of
ofany
responsible for
any
reports those agencies have made that are relevant to the officerinvolved shooting.
shooting.

C.
C.

OFFICER-INVOLVED
OFFICER-INVOLVED SHOOTINGS
SHOOTINGS OCCURRING WITHIN THE
CITY AND COUNTY OF SAN FRANCISCO. As soon as practical
after an officer-involved shooting occurring within the City and County
of San Francisco, the following
following notifications shall be made:
1.
1. Ifpractical,
If practical, the member(s) involved shall notify Emergency
Communications Division (ECD),
(ECD), and his/her
hislher immediate supervisor, or
the platoon commander of the district in which the shooting took place.
2.
2. ECD
ECD shall immediately notify the Field Operations Bureau
Headquarters (Operations Center after normal business hours).

3. The Field Operations Bureau or the Operations Center shall make the
3.
following 110tifications:
notifications:
following

a. The on-call
on-call Homicide Inspectors
a.
b.
b. The Crisis
Crisis Incident Response Team (See DGO 8.04, Crisis Incident
Response Team)
c. Management Control Division
c.
d. District Attorney's Office
d.
e. The Con1manding
Commanding Officer of the member(s) involved
e.
f.f. Chair of the Firearm Discharge Review Board
g. Office of Citizen Complaints
Complaints
g.
h. San Francisco Police Department Command Staff
i. Legal Division
1.
J.
j . Captain of Risk Management
k. Secretary of the Police Comn1ission
Commission
k.

2

160

San Francisco Police Department

Officer Involved Shooting Study

DGO 8.11
8.11
09/21/05
0912 1/05

D. OFFICER INVOLVED DISCHARGES.
DISCHARGES. In cases
cases where injury or death
has not occurred, the Commanding Officer of the member involved is
responsible for conducting a thorough shooting investigation, including
accidental discharges.
may delegate this
0fficer.may
discharges. The Commanding Officerinvestigation to another Commissioned Officer.
Officer. The Commanding
Commanding Officer,
however, shall be responsible for the proper conduct of the investigation, and
the appropriate findings
findings and recommendation as
as documented in an
investigative summary.
summary. The Commanding Officer's Bureau Chief shall set
an appropriate due date for this investigation.
investigation. However,
However, this investigation
shall not exceed 45 days.
days. Officer involved discharges
discharges require the following
notifications:
1.
1. If practical, the member(s) involved shall contact the platoon commander
of the district in which the discharge
discharge occurred.
occurred.
2. The platoon commander shall
shall contact the officer's Commanding Officer.
3.
3. If outside San Francisco, as soon as
as practical, the officer shall contact that
jurisdiction's Police or Sheriffs
jurisdiction's
Sheriff's Department requesting that entity contact
the San Francisco Police Department.
Department.
4. An officer who discharges a firearm
firearm in an Officer-Involved Discharge
shall be assigned to his or her respective Bureau Headquarters. The
officer shall not return to regular assignment for a minimum of 5 days or
unless, upon recommendation of the member's Commanding Officer with
the approval of his or her respective Bureau Chief, the Chief of Police
determines the member may return to his/her
hidher assignment.
E. OFFICER-INVOLVED
OFFICER-WOLVED SHOOTINGS
SHOOTINGS OR DISCHARGES OCCURRING
OUTSIDE THE CITY AND COUNTY OF SAN FRANCISCO. If a
member discharges
discharges a firearm outside
outside the City and County of San Francisco
(except at an approved range or during lawful recreational activities) either
while on duty or off dllty,
helshe shall
shall follow these procedures:
duty, he/she
1.
1. Absent exigent circumstances, remain at the scene of the discharge and
notify the law enforcement agency.
agency.
2. Immediately contact the on duty supervisor in your unit or detail.
3.
3. As soon as practical, the member shall contact the senior ranking member
on duty in the Bureau to which he/she
helshe is assigned,
assigned, or the Operations

3
161

San Francisco Police Department

Officer Involved Shooting Study

DGO 8.11
8.11
09/21/05
0912 1/05
Center after normal business hours, and report the incident. The seniorranking member in the Bureau who is notified or the staff at the
Operations Center shall notify the on-duty supervisor of the involved
member. If the member's unit is closed, the notification shall be made to
the Commanding Officer or Officer-in-Charge.
Officer-in-Charge.
F.
F. SCENE.
SCENE. The member who has dischargedohis/her
discharged hisher weapon in an officer
involved shooting should limit his/her
hislher investigation and activity to the
following:
.
following:
1.
his/her firearm.
1. When officer safety permits: de-cock,
de-cock, holster, and strap in hisher
He/she
Helshe should not reload the weapon, or remove the magazine to examine
its contents. Thereafter, he/she
helshe should not remove the weapon from the
holster until directed to do sO°
so by the Homicide Detail. In cases involving
shotguns and/or long rifles the weapon shall be placed on "safe"
"safe" and
isolated in a secure location.
location.
a.
a. Nothing in this order shall preclude a member from taking reasonable
actions
providelensure officer and/or public safety.
actions to provide/ensure
2.
2. As soon as
as practical, seek medical assistance/
assistance1treatment for injured
persons.

3. As soon as
as practical, protect the crime scene and preserve all evidence.
3.
arrival of the homicide detail investigators as provided under
Prior to the arrival
II.F.5., no person(s) should be permitted to enter the scene except to
II.F.5.,
assistance or assist in the preservation of the
perform emergency medical assistance
scene and evidence contained therein.
therein.
scene

4. As soon as
as practical, attempt to obtain the name and address of any
4.
scene.
witness who may not remain at the scene.
5. When an officer-involved shooting occurs within the City and County of
5.
San Francisco, the crime scene(s) shall be under the control of the
Homicide Detail upon the arrival of their investigators. No persons shall
be permitted to enter the crime scene without the approval of the
Homicide Inspector assigned the investigation or the Homicide OIC.
6. Nothing in this order shall prohibit a member from taking reasonable
6.
actions to ensure his/her
hisher safety or the safety of another person.
actions

4
162

San Francisco Police Department

Officer Involved Shooting Study

DGO 8.11
8.1 1
09/21/05
0912 1105

G.
G. INVOLVED OFFICERS.
OFFICERS. The following
following actions will be taken in all cases of
officer-involved shootings (resulting in injury or death):
death):

1.
1. All members shall be afforded all substantive and procedural rights and
remedies as provided by applicable
applicable law,
law, including without limitation
thereto the Public Safety Offi·cers'
0ffi.cers3Bill of Rights.
Rights.
2. When a supervisor arrives on the scene, the supervisor shall have the
involved member(s) escorted from
from the scene. Ifmore
If more than one member is
involved in the discharging of a firearm,
firearm, absent exigent circumstances, the
members shall be separated and will be kept separate from one another,
and shall not discuss the incident with each other prior to being
interViewed
interviewed by the Homicide Detail Inspectors. If possible, the
supervisor shall
shall contact the investigator from the Homicide Detail and
ascertain if the involved member is to be taken to the Homicide Detail,
the Investigations Bureau, or the involved n1ember's
member's Station or Detail.
Detail. In
all circumstances
the
member
shall
be
taken
to
a
department
facility.
circumstances
facility.
3.
3. Members of the department's C.I.R.T.
C.I.R.T. program may assist the member(s)
involved prior to their interview with investigators. However, they shall
facts or details of the shooting with the member.
not discuss the facts
4. Officers who discharge a firearm
firearm in an officer-involved shooting will be
reassigned to his or her respective Bureau Headquarters. Officers shall
10 calendar days. This
not return to regular assignment for a minimum of 10
reassignment is administrative only and in no way shall be considered
punitive.
Within 5 business days of an officer-involved shooting, the Chief of
Police shall convene a panel to discuss
discuss whether it is appropriate for the
involved member to return to duty.
duty. The Panel shall include a
representative of the Behavioral Science Unit, the officer-in-charge of the
Homicide Detail, the Deputy Chief, Commander, and Captain overseeing
the involved officer's unit, the officer-in-charge of the Management
Control Division, the Deputy Chief of Investigations and officer-inManagement.
charge of Risk Management.

shall determine if the member
The Chief, after consulting with the panel shall
should be returned to their regular field assignment, but only after
completion of any mandatory debriefing (per DGO 8.04, Section 1.A),
1.A),
and any recommended retraining.
retraining. This decision, including the factors
factors
supporting the decision, shall
shall be contained in a written report that shall be
forwarded immediately to the Police Commission. A copy of the report
5
163

San Francisco Police Department

Officer Involved Shooting Study

DGO 8.11
8.11
09/21/05
0912 1/05
shall also be forwarded to the Director of the OCC.
OCC. This report will be
part of the officer's confidential personnel file
file and shall not be disclosed
to any member of the public except by court order. The Police
Commission shall,
shall, at the first Commission meeting following receipt of
the report, meet in closed session with the Chief of Police to review the
Chief's
Chiefs findings
findings and decision.
decision. Officers shall not be returned to their
regular duty until the Commission has met in closed session with the
Chief of Police.
Any determination by the Chief not to return an officer to their regular
assignment and to continue their reassignment is administrative
administrative only and
in no way shall be considered punitive.
5. The officer shall receive a debriefing by the Crisis Incident Response
Team and support as outlined in Section C., of Department General Order
8.04.
8.04.
H.
H. INVESTIGATIONS
1.
1. Officer-involved shootings.
shootings. The Homicide Detail and the Management
Control Division shall respond immediately and conduct a timely
investigation into every officer-involved shooting. These investigations
shall utilize the same nUlTlbering
numbering system, and be consistent with each
shall
e.g., 03-01
03-01 (first O.I.S. of2003),
of 2003), 03-02 (second O.I.S. of2003)
of 2003) etc.
etc.
other, e.g.,

discharges. The Commanding Officer of the member
2. Officer-involved discharges.
involved shall contact the Management Control Division and obtain an
O.I.D. number. The report prepared by the Commanding Officer of the
O.I.D.
member involved shall reflect the M.C.D. issued O.I.D. number. The
final report submitted shall be routed through channels, to the
final
Chief
Management Control Division for evaluation prior to review by the Chief
of Police.
I.
I. REVIEW OF INVESTIGATIONS
1.
1. Officer-involved shootings.
shootings.
a.
a. Homicide Detail Investigation.
Investigation. The criminal investigation prepared
by the Homicide Detail shall be completed and received by the Chair
of the Firearm Discharge Review Board within forty-five-calendar
days
days of the shooting event.
event. If the criminal investigation report is not
completed within forty-five calendar days of the shooting event,
event, the
Officer-in-charge of the Homicide Detail shall appear before the
6
164

San Francisco Police Department

Officer Involved Shooting Study

DGO 8.1
8.111
09/21/05
0912 1105

Commission at the earliest possible meeting to explain why the report
has not been completed.
completed.
b. Management Control Division Investigation.
Investigation. The administrative
administrative
investigation prepared by the Managenlent
Management Control Division shall be
completed and submitted
submitted to the Chair of the Firearm Discharge
If the
Review Board within sixty-calendar
sixty-calendar days
days of the shooting event.
event. If
administrative
administrative investigation
investigation report is not completed within sixtycalendar days
days of the shooting
shooting event, the Officer-in-charge
Officer-in-charge of the
Management Control Division shall
Comnlission at
shall appear before the Comniission
the earliest
earliest possible
possible meeting to explain why the report has not been
completed.
completed.
c.
c. The
The Firearm Discharge
Discharge Review Board shall convene within thirty
calendar days
days of receipt of the Management Control Division
investigation report.
report. Within 120
120 calendar days following
following the first
meeting of the Firearm Discharge
Discharge Review Board, the panel shall
complete
complete its investigation
investigation and issue its findings
findings in accordance with
Department General
General Order 3.10.
3.10. If the Firearm Discharge Review
Board report is not completed within the required 120
120 calendar days, a
representative
representative ofthe
of the Firearms Discharge Review Board shall appear
before
before the Commission at the earliest possible meeting to explain why
the report has not been completed.
completed.

7

165

San Francisco Police Department

Officer Involved Shooting Study

San Francisco Police Department

GENERAL ORDER

Appendix Section 9.4.11

8.12
04/15/09

IN-CUSTODY DEATHS
This order outlines the rules and procedures to be followed in the investigation, review and reporting
to the Police Commission of In-Custody Death Investigations.
I. DEFINITIONS
A. In-Custody Death. Any death that occurs when a person is restrained by law enforcement
personnel by means of (1) physical restraints and/or any use of force, as defined by
Department Policy (DGO 5.01), (2) detention or confinement in a law enforcement
vehicle, or (3) detention or confinement in a jail or detention facility while in the custody
of the San Francisco Police Department.
B. Involved Member. Member(s), who through facts that establish logical and
consequential involvement, are reasonably responsible for the relevant physical restraint,
detention or confinement at the time of death.
II. POLICY
It is the policy of the San Francisco Police Department to immediately respond to the scene
and conduct a complete investigation of any death of a person(s) that occurred while in the
custody of the San Francisco Police Department.
The In-Custody Death Review Board shall review every in-custody death.
The purpose of this review process is to determine if the SFPD members acted reasonably
within policy at the time of the in-custody death and evaluate the Department’s training,
policies and procedures in light of circumstances that led to the in-custody death.
The San Francisco Police Department recognizes the public’s right to know about
circumstances involving an in-custody death. It is the policy of the San Francisco Police
Department to provide as much information as is reasonable through its public reporting
process while also complying with applicable civil and criminal laws and preserving the
integrity of ongoing investigations.
III. PROCEDURES
A. IN-CUSTODY DEATHS OCCURRING IN SAN FRANCISCO POLICE
DEPARTMENT FACILITIES, VEHICLES, OR CUSTODY. As soon as practical after
a person dies while in the custody of the San Francisco Police Department, reasonable
efforts shall be taken to make the following notifications:
1. When practical, an “involved member” shall notify the Department of Emergency
Management (DEM), and his/her immediate supervisor, or the platoon commander of
the district in which the in-custody death took place.

1

166

San Francisco Police Department

Officer Involved Shooting Study

DGO 8.12
04/15/09

2. The supervisor should immediately notify the Field Operations Bureau Headquarters
(Operations Center after normal business hours).
3. The Operations Center shall make the following notifications:















B.

The on-call Homicide Detail investigators and Homicide O.I.C.
The Critical Incident Response Team,
The Photo Lab unit on duty or on-call,
The C.S.I. unit on duty or on-call,
The Management Control Division,
The Commanding Officer of the member(s) involved,
Chair of the In-Custody Death Review Board,
Deputy Chief of member(s) involved.
Legal Division,
Director of Risk Management,
Secretary of the Police Commission,
The District Attorney Office,
The Director or Designee of the O.C.C.,
Public Affairs Office,
All other notifications as necessary.

INVESTIGATION PROTOCOL. The investigation into an In-Custody Death will be
generally divided into separate investigations, criminal and administrative.
1. Criminal Investigation. Investigations to determine if there is any criminal conduct
on the part of any participant. This investigation will be conducted separately by the
Homicide Detail and the Office of the District Attorney.
2. Administrative Investigation. Investigations to determine if the member acted within
policy at the time of the in-custody death are conducted separately by the
Management Control Division and by the Office of Citizen Complaint, if and when a
citizen’s complaint has been generated.
3. The Homicide Detail and the Management Control Division (MCD) shall respond
promptly and conduct a timely investigation into every in-custody death. These
investigations will utilize the same numbering system and be consistent with each
other, e.g., ICD 03-01 (first in-custody death of 2003), ICD 03-02 (second in custody
death of 2003), etc. The Homicide Detail Inspector shall contact the MCD
Investigator and obtain the MCD in-custody death (ICD) case number.
4. The Homicide Detail’s final report shall be routed to the Management Control
Division for evaluation, prior to review by the Chief of Police.

C. SCENE. The member(s) who is involved in an in-custody death should limit his/her
investigation to the following:

2

167

San Francisco Police Department

Officer Involved Shooting Study

DGO 8.12
04/15/09

1. As soon as practical, protect the crime scene and preserve all evidence. Prior to the
arrival of the Homicide Detail Investigators, as provided under III.C.3., no person(s)
should be permitted to enter the scene except to perform emergency medical
assistance or assist in the preservation of the scene and evidence.
2. As soon as practical, attempt to obtain the name and address of any witness who may
not remain at the scene.
3. When an in-custody death occurs within the City and County of San Francisco, the
crime scene(s) shall be under the control of the Homicide Detail upon the arrival of
its investigators. No person shall be permitted to enter the crime scene without the
approval of the Homicide Inspector assigned the investigation or the Homicide OIC.
4. Units maintaining the crime scene should ensure that all tools of medical intervention
left at the scene by treating medical personnel remain at the scene for possible
collection by C.S.I. personnel.
5. A crime scene log shall be maintained at the scene.
6. Nothing in this order shall prohibit a member from taking reasonable actions to
ensure his/her safety or the safety of another person.
D. COMPOSITION. The In-Custody Death Review Board shall be composed of:
1.
2.
3.
4.
5.
6.
7.
8.
9.

Deputy Chief of the Administration Bureau – Chair
Deputy Chief of the Field Operations Bureau
Deputy Chief of the Airport Bureau
Deputy Chief of the Investigations Bureau
Commanding Officer of the Training Division or Designee
Director of Risk Management - Advisory
Designated Public Health Physician - Advisory
The Director or Designee for the Office of Citizens Complaints - Advisory
San Francisco Police Commissioner (to be appointed by the San Francisco Police
Commissioner President and to serve for one year) - Advisory
10. Medical Examiner-Advisory
E. INVOLVED OFFICERS. The following actions will be taken in all cases of in-custody
deaths:
1. All members shall be afforded all substantive and procedural rights and remedies as
provided by applicable law, including without limitation thereto, the Public Safety
Officers’ Bill of Rights.
2. When a supervisor arrives on the scene, the supervisor shall have the involved
member(s) escorted from the scene unless their presence is necessary for investigative
purpose. If more than one member is involved in the in-custody death, absent exigent
circumstances the members shall be kept separated from one another and shall not
discuss the incident with each other prior to being interviewed by the Homicide

3

168

San Francisco Police Department

Officer Involved Shooting Study

DGO 8.12
04/15/09

Detail Inspectors. If possible, the supervisor shall contact the investigator from the
Homicide Detail and ascertain if the involved member is directed to the Homicide
Detail, the Investigations Bureau, or the involved member’s station or detail, or
another Department facility. In all circumstances, the members shall be taken to a
Department facility.
3. Members of the department’s C.I.R.T. program may assist the member(s) involved
prior to their interview with investigators. However, they shall not knowingly discuss
the facts or details of the in-custody death with the member.
4. Involved members shall be assigned to their respective Bureau Headquarters. The
Officer shall not return to regular assignment for a minimum of 10 calendar days.
a. Within 5 business days of an in-custody death, the Chief of Police shall convene a
panel to discuss whether it is appropriate for the involved member(s) to return to
duty. The Panel shall include a representative of the Behavioral Science Unit, the
officer-in charge of the Homicide Detail, the Deputy Chief, Commander, and
Captain overseeing the involved officer’s unit, the officer-in-charge of the
Management Control Division, the Deputy Chief of Investigations and officer-incharge of Risk Management.
The Chief, after consulting with the panel shall determine if the member should
be returned to their regular field assignment, but only after completion of any
mandatory debriefing (per DGO 8.04, Section 1.A.), and any recommended
retraining. This decision, including the factors supporting the decision, shall be
contained in a written report that shall be forwarded immediately to the Police
Commission. A copy of the report shall also be forward to the Director of the
Office of Citizen Complaints. This report will be part of the officer’s confidential
personnel file and shall not be disclosed to any member of the public except by
court order. The Police Commission shall, at the first Commission meeting
following receipt of the report, meet in closed session with the Chief of Police to
review the Chief’s findings and decision. Officers shall not be returned to their
regular duty until the Commission has met in closed session with the Chief of
Police.
This reassignment is administrative only and in no way shall be considered
punitive.
5. The officer shall receive a debriefing by the Critical Incident Response Team and
support as outlined in Section C., of Department General Order 8.04, unless upon the
recommendation of the members Commanding Officer.
F. REVIEW OF THE INVESTIGATIONS.
1. Homicide Detail Investigation. The criminal investigation prepared by the Homicide
Detail shall be completed and received by the Chair of the In-Custody Death Review
Board within 90 calendar days of the in-custody death event, unless evidence material
to the investigation is not yet available. If the investigation is not completed, the OIC

4

169

San Francisco Police Department

Officer Involved Shooting Study

DGO 8.12
04/15/09

of the Homicide Detail, shall provide an updated report to the Police Commission
every 30 days or upon its completion.
2. Management Control Division Investigation. The administrative investigation
prepared by the Management Control Division shall be completed and submitted to
the Chair of the In-Custody Death Review Board within 30 calendar days after receipt
from Homicide Detail of the in-custody death event, unless evidence material to the
investigation is not yet available. If the investigation is not completed, the OIC of the
Management Control Division shall provide an update report to the Police
Commission every 30 days or upon its completion.
3. The In-Custody Death Review Board shall review the submitted reports and interview
the involved investigators, as necessary.
4. Within 120 days of the event, the Chair shall report the status of the matter to the
Commission.
5. The In-Custody Death Review Board shall review written reports submitted by the
Homicide Detail (Criminal Investigation) and the Management Control Division
(Administrative Investigation). The Chair shall submit his/her finding within 60 days
of receipt. If the report from either unit is not completed, the investigator responsible
for the investigation and his/her commanding officer shall appear before the InCustody Death Review Board and explain, orally and in writing, the reason for not
complying with the time limits of this order.
6. The In-Custody Death Review Board can refer a case back to M.C.D. for further
investigation or clarification, with a stated due date to the Review Board.
7. The In-Custody Death Review Board shall discuss the circumstances surrounding the
in-custody death and the response of the officer(s). Within 15 days of completion of
its investigation, the In-Custody Death Review Board will submit to the Chief of
Police, for his/her concurrence, a written summary. This summary shall include
recommendations concerning the following:
a. Adherence to department policy by the member(s) involved.
b. The need to develop new policy where none existed at the time of the incident.
c. The need to develop new training and techniques to improve department
performance.
d. Consideration for commendation (Life Saving Award).
This summary shall also indicate one of the following findings:
a. Proper Conduct,
b. Improper Conduct (Recommendation for Discipline),

5

170

San Francisco Police Department

Officer Involved Shooting Study

DGO 8.12
04/15/09

c. Policy/Training Failure (Identify needs to develop or improve a policy and/or
training for the type of incident when encountered in the future).
8. The chief shall review for concurrence and forward the In-Custody Death Review
Board’s written summary to the Police Commission, with a copy to the OCC
Director, within 15 days of receipt. In the event of disagreement between the
Management Control Division and the In-Custody Death Review Board, the Chief of
Police shall make the final decision. This summary report with the Chief’s decision
shall be a public record. No report that is made public shall disclose any information
deemed confidential by law.
The Director of the O.C.C. shall review the investigation and summary and
recommend any further action (including an independent investigation) that the
Director concludes is warranted. A summary of the O.C.C. Director’s
recommendations shall be a public record. No report that is made public shall
disclose information deemed confidential by law.
The Police Commission shall review the In-Custody Death Review Board’s summary
and the O.C.C. Director’s recommendations and take action as appropriate. No report
that is made public shall disclose information deemed confidential by law.
G. MANDATORY CALIFORNIA ATTORNEY GENERAL REPORT. California
Government Code Section 12525 requires that in any case in which person dies while in
the custody of a local law enforcement agency or local or state correctional facility, the
agency shall report facts concerning the death, in writing, to the California Attorney
General within ten (10) days after the death. In addition, each agency must report
annually regarding the deaths that occurred within their jurisdiction for that calendar
year.
1. The O.I.C. Homicide Detail, will complete both of these documents and forward a
copy to Management Control Division for review and transmittal.
H. POLICE COMMISSION YEARLY REPORT. The Chair of the In-Custody Death
Review Board shall prepare and provide a yearly report to the Police Commission, and a
copy to the Director of the O.C.C., that contains a summary of each in-custody death
occurring in the San Francisco Police Department. Any disciplinary action, training
issues and proposals for modifying department policy shall be included. This report shall
be a public record. No report that is made public shall disclose any information deemed
confidential by law.
I. AIRPORT BUREAU OPERATIONS: Police Department operations at the San
Francisco International Airport (SFO) are conducted, in part, pursuant to policies
required to meet federal mandates and necessary to interface effectively with San Mateo
County Agencies. Airport Bureau policies sometimes differ from department-wide
policies contained in General Orders and Department Bulletins. The policies contained
in this order are applicable to all members, including those assigned to the Airport
Bureau. However, as to those parts, if any, of this General Order that conflict with or
differ from Airport Bureau written policy, members assigned to the Airport Bureau shall

6

171

San Francisco Police Department

Officer Involved Shooting Study

DGO 8.12
04/15/09

follow Airport Bureau Policy. If in doubt as to the controlling policy, Airport Bureau
members shall immediately notify their supervisor of the conflict in policy.
Notifications to the Department of Emergency Management (DEM) will be made by SFO
Communications. Related criminal investigations will be conducted by the San Mateo
County Sheriff’s Office and the San Mateo County District Attorney, consistent with San
Mateo County protocols.
_________________________________

7

172

San Francisco Police Department

•

Officer Involved Shooting Study

DEPARTMENT BULLETIN
Appendix Section 9.4.12

A
09-239
08/28/09

PROTOCOL CHANGES RELATED TO DGO 8.11
{Investigation of Officer-Involved Shootings and Discharges}
The following definitional changes affect the procedural and investigatory follow-up of
Officer-involved shootings and discharges.
Department General Order 8.11, Section ItA. currently reads as follows:
DEFINITIONS:
• 	 Officer-involved shooting. An officer's discharge of a firearm that
results in the physical injury or death of a person, even if it is an
accidental discharge.
• 	 Officer-involved discharge. An officer's discharge of a firearm that does
not cause injury or death to a person. Shooting at, injuring, or killing
animals also falls into this category, including accidental discharge
without injury.
Effective with the publication date of this bulletin, these definitions are revised as
follows:
DEFINITIONS:
• 	 Officer-involved shooting. An officer's intentional discharge of a firearm,
intended to stop a threat, with or without physical injury or the death of a
person, or a negligent discharge that results in physical injury or the death of a
person.
• 	 Officer-involved discharge. An officer's negligent discharge of a firearm that
does not cause injury or death to a person. Shooting at, injuring, or killing
animals also falls into this category.
These changes will be incorporated into a forthcoming revision of Department General
Order 8.11., as well as related general orders, department bulletins, bureau general orders,
manuals, and roll call training bulletins.

173

San Francisco Police Department

•

Officer Involved Shooting Study

DEPARTMENT BULLETIN
Appendix Section 9.4.13

A

09-266
09/18/09

ACT WEAPON GUIDE SHEET
EXTENDED RANGE IMP
IMPACT
(Supersedes Department Bulletin 07-281)
Members are reminded ofthe extended range impact weapon program. Please review and be
familiar with the following Guide Sheet.
AMMUNITION SPECIFICATIONS
Combined Tactical Systems (CTS)
Super Sock Bean Bag #2581
12 gauge
Casing is translucent with clearly identifiable markings and white beanbag
inside.
Optimal Range: 

15 60 FEET
Point of Aim: 

Zone 2, the waist and below, unless unavailable.
NON - target areas: 
 Avoid the face, head, neck, throat, heart, spine, kidneys and groin.
Avoid multiple impacts to the same area, which may cause "softening" of
Considerations: 

the tissues.
Lethality: 

Can cause serious injury or death if:
• 	 A non-target area is hit.
• 	 If closer than recommended distances.
• 	 If multiple hits strike the same area.
Make: 

Model: 

Caliber: 

Characteristics: 


PROCEDURAL PRECAUTIONS
ERIW Officers shall:
• 	 Check the ERIW out of and back into the armory at the start and end of
each watch.
• 	 Check that the ERIW is empty and unloaded at the start and end of
each watch with another officer.
• 	 Check that the ERIW is equipped with an orange fore end and butt
stock.
• 	 Check that all boxes of ERIW rounds contained therein are clearly
marked as such with another officer.
• 	 Not have any lethal shotgun ammunition on their person
• 	 Conduct the loading protocol with another officer prior to leaving the
station.
• 	 Load 4 rounds in the magazine, chamber empty.

(Over)
174

San Francisco Police Department

PRE~DEPLOYMENT

Officer Involved Shooting Study

PROCEDURES

•	
•	
•	
•	

Ask the requesting supervisor for a response code.
Have communications rebroadcast on an all that ERIW is en route.
Have communications dispatch a 408 code 1 to standby.
Upon arrival:
oa 	 Obtain a quick briefing to determine if the ERIW is warranted
oa 	 Formulate a plan with your Cover Officer and ground arrest
teams

DEPLOYMENT PROCEDURES
• 	 ERIW gunner shall always have a Cover Officer along side.
• 	 Point of aim is Zone 2, the waist and below.
• 	 Verbal Challenge
oa 	 "Red Light! Less Lethal! Less Lethal! Drop the
or I
will shoot!
• 	 Assess after each shot.
• 	 If subsequent rounds are needed, take aim at a different Zone 2 target
area.
REPORTING PROCEDURES
• 	 Every time you pull the trigger, you must be able to clearly articulate
and justify each shot fired.
• 	 When a subject is struck with ERIW:
oa 	 Closely monitor the subject for signs of distress.
oa 	 Have the subject evaluated by a physician (obtain name).
oa 	 Note that the subject was struck by ERIW on the top ofthe
booking card.
oa 	 Use of Force Log entry (provide name & star).
• 	 Have photographs taken of injuries, in area of alleged injury and the
scene, if possible.
• 	 Recover the casing and projectile and either book it as evidence or
have it returned to the Range via Station Weapons Officers.
• 	 Document whenever ERIW has a bearing on the outcome:
oa 	 Adherence to loading protocol
oa 	 Circumstances of deployment
oa 	 Effects of ERIW
oa 	 Name & star of Lethal Cover Officer
o 	 Name & star of who made the Use of Force Log entry
o 	 Outcome of medical evaluation and the doctor's name
• 	 Have the reporting officer provide you with a copy of the incident
report.
• 	 Fax or mail all reports to the Rangemaster at (415) 587-0178.

175

 

 

BCI - 90 Day Campaign - 1 for 1 Match
Advertise here
CLN Subscribe Now Ad 450x600