Use of Force Investigations Flashcards

An IAS investigator is reviewing a use of force incident. The central legal standard for determining if the officer's actions were constitutionally permissible, as established by the U.S. Supreme Court, is known as:

Answer: Objective reasonableness

The landmark U.S. Supreme Court case Graham v. Connor established that all claims of excessive force by law enforcement must be analyzed under the Fourth Amendment's 'objective reasonableness' standard. This standard requires judging the officer's actions from the perspective of a reasonable officer on the scene, considering the facts and circumstances at that moment, without regard to the officer's underlying intent or motivation.

During a use of force investigation, it is discovered that the incident may involve criminal conduct by the officer. What is the most appropriate procedural step for the IAS investigator to take?

Answer: Initiate a separate and parallel criminal investigation, often by an outside agency, while ensuring the two investigations remain distinct.

Best practices require that when a use of force incident appears to involve criminal conduct, a bifurcated investigation should occur. This involves a criminal investigation running parallel to the administrative (IAS) investigation. To protect the officer's Fifth Amendment rights (Garrity Rights), the two investigations must be kept separate. Information compelled in an administrative interview cannot be used in a criminal prosecution. Often, an external agency is requested to handle the criminal portion to ensure impartiality.

An officer's use of force is found to be lawful and within the bounds of the Fourth Amendment, but it violates a specific, more restrictive agency policy. What is the appropriate disposition for the administrative (IAS) portion of the investigation?

Answer: Sustained

A 'Sustained' finding means the investigation disclosed sufficient evidence to prove the allegation. In this case, the allegation is a violation of agency policy. Even if the force was legally justified, the officer can still be found to have violated the department's more stringent rules, resulting in a sustained finding for the policy violation. 'Exonerated' would mean the action was lawful AND proper according to policy.

Which of the following is the PRIMARY purpose of Body-Worn Camera (BWC) footage in a use of force investigation from the perspective of the IAS investigator?

Answer: To provide an objective, visual and auditory record of the incident to help determine factual circumstances.

The primary value of BWC footage in an investigation is to provide an objective record of the police-citizen encounter from the officer's perspective. It serves as crucial evidence to help investigators verify or contest statements from officers, subjects, and witnesses, thereby aiding in a factual determination of what occurred. While valuable, it is not the sole piece of evidence and must be considered alongside all other available information.

An IAS investigator is examining a complex use of force incident. According to the 'Graham Factors' derived from Graham v. Connor, which of the following is a key consideration when evaluating the reasonableness of the force used?

Answer: Whether the subject posed an immediate threat to the safety of the officers or others.

The Supreme Court in Graham v. Connor outlined a non-exhaustive list of factors to assess objective reasonableness. These include: (1) the severity of the crime at issue, (2) whether the suspect poses an immediate threat to the safety of the officers or others, and (3) whether the suspect is actively resisting arrest or attempting to evade arrest by flight. The officer's subjective intent or hindsight are explicitly not to be considered.

In a use of force investigation, the final report should be a comprehensive document. Beyond a simple conclusion, what is a critical component that allows the agency to learn from the incident?

Answer: An analysis of whether policy, training, tactical, or equipment issues were contributing factors.

A thorough use of force investigation goes beyond just determining if the officer's actions were within policy. It should also serve as an opportunity for the agency to perform a critical self-analysis. This includes reviewing whether existing policies are adequate, if training needs to be improved, if different tactics could have been employed, or if equipment played a role in the incident's outcome. This allows the agency to make systemic improvements to potentially reduce future incidents.