VI. USE OF FORCE
45. DOJ acknowledges that CDP recently has made impo11ant changes to some of its force
policies. Building on these improvements, CDP will revise, develop, and implement
force policies, training, supervision, and accountability systems with the goal of
ensuring that force is used in accordance with the Constitution and laws of the United
States and the requirements of this Agreement and that any use of unreasonable force is
promptly identified and responded to appropriately. The force policies, trai ning,
supervision, and accountabi Ii ty systems wi II be designed with the goal of ensuring that
officers use techniques other than fo rce to effect compliance with police orders
whenever feasible: use force only when necessary, and in a manner that avoids
unnecessary injury to officers and civilians; de-escalate the use of force at the earliest
possible moment; and accurately and completely report all uses of force.
A. Use of Force Principles
46. The City will implement the terms of this Agreement with the goal of ensuring that use
of force by CDP officers, regardless of the type of force, tactics, or weapon used, will
comply with the following requirements:
a. officers will allow individuals the opportunity to submit to arrest before force
is used wherever possible;
b. officers will use de-escalation techniques whenever possible and appropriate,
before resorting to force and to reduce the need for fo rce. De-escalation
techniques may include verbal persuasion and warnings and tactical deescalation
techniques, such as slowing down the pace or an incident, waiting
out subjects, creating distance (and thus the reactionary gap) between the
officer and the threat, and requesting additional resources (e.g. specialized
CIT officers or negotiators). Officers will be trained to consider the
possibility that a subject may be noncompliant due to a medical or mental
condition, physical or hearing impairment, language barrier, drug interaction,
or emotional crisis;
c. if force becomes necessary, officers will be limited to using only the amount
or force objectively reasonable as necessary to control the person.
d. in applying force, officers will reduce the level of force as the threat
e. officers normally will not use force against persons who are handcuffed or
otherwise restrained, unless it is objectively reasonable and necessary under
the circumstances lo stop an assault, escape, or as necessary to fulfill other
law enforcement objectives;
f. officers will not use force against persons who only verbally confront them
and do not impede a legitimate law enforcement function:
g. CDP will explicitly prohibit the use of retaliatory force by officers.
Retaliatory force includes, for example, force in excess of what is objectively
reasonable to prevent an escape to punish individuals for fleeing or otherwise
resisting arrest; and force used to punish an individual for di srespecting
h. officers will not use head strikes with hard objects, except where lethal force
is justified. Officers will be trained that a strike to the head with any impact
weapon could result in death;
i. other than to protect an officer's or other person's safety, officers will not use
force to subdue an individual who is not suspected of any criminal conduct;
j. CDP's policy will expressly provide that using a firearm as an impact weapon
is never an authorized tactic. Officers will be trained that use of a !irearm as
an impact weapon could result in death to suspects, bystanders, and
k. officers will not use neck holds;
I. CDP will continue to limit vehicle pursuits to those in which the need to
capture the suspect outweighs the danger to the public. CDP will continue to
limit the number of CDP vehicles that may be involved in a vehicle pursuit;
m. immediately following a use or force, officers and, upon arri val, a supervisor
will inspect and observe subjects for injury or complaints of pain resulting
from the use of force, and immediately obtain any necessary medical care. As
necessary, officers will provide emergency first aid unti I professional medical
care providers are on scene.
47. As soon as practical following a use of force, CDP will ensure that the incident is
accurately and properly reported, documented, and investigated. A fundamental goal of
the revised use of fo rce policy wi ll be to account for, review, and investigate every
reportable use of force and reduce any improper uses of force.
48. CDP will track and analyze officers' uses of force to hold officers accountable for
unreasonable uses of force; to guide training and policy; and to identify poor tactics and
B. Use of Force Policies
49. CDP will develop and implement use of force policies that comply with applicable law
and are adequate to achieve the goals described in paragraph 45. The use of force
policies will incorporate the use of force principles above, and will specify that the
unreasonable use of force will subject officers to the disciplinary process, possible
criminal prosecution, and/or possible civil liability.
50. CDP's policies will address the use and deployment of its authorized force techniques,
technologies, and weapons that are available to CDP officers, including standard-issue
weapons that are made available to all officers and weapons that are made available
only to specialized units. The policies will clearly define and describe each force
option and the circumstances under which use of such fo rce is appropriate.
51. CDP's policies related to specific weapons wi ll include training and certification
requirements that each officer must meet before being permitted to carry and use the
52. No officer will carry any weapon that is not authorized or approved by CDP.
53. Prior to the use of any approved weapon, the officer, when possible and appropriate,
wi ll communicate to the subject and other officers that the use of the weapon is
imminent, and allow the subject an opportunity to comply.
54. CDP will implement policies for each of the fo llowing weapons using the following
55. Officers will not unholster and display a firearm unless the circumstances create a
reasonable belief that lethal force may become necessary. CD P's policies will require
and training will teach proper techniques for unholstering, displaying, pointing, and
aiming a firearm, and for determining when it is appropriate. to do so. The Monitor will
review CDP's policies and training to ensure that they comply with this paragraph. If
an officer unholsters a firearm during an incident, interaction, or event that would
otherwise trigger a reporting or data collection requirement, officers wiII document that
a firearm was unholstered. CDP will annually collect and analyze this data.
56. Unholstering a firearm and pointing it at a subject constitutes a Level 1 reportable use
of force and will be reported and investigated as such. The fo llowing exceptions to this
reporting requirement will apply:
a. SWAT Team Officers will not be required to report the pointing of a firearm
at a subject as a use of force during the execution of SWAT Team duties;
b. officers who are deputized and assigned to a Federal Task Force will not be
required to report the pointing of a firearm at a subject as a use of force when
conducting federal task fo rce operations during which a supervisor is present.
Reports or forms regarding any such incidents that are otherwise prepared by
a Task Force supervisor will be provided to CDP;
c. officers assigned to the Gang Impact, Narcotics, Homicide, Sex Crimes,
Domestic Violence, and Financial Crimes Units will not be required to report
the pointing of a firearm at a subject as a use of force if done solely while
entering and securing a building in connection with the execution of an arrest
or search warrant and a supervisor prepares a report detailing the incident.
57. Officers will not fire warning shots.
58. Officers will consider their surroundings before discharging their firearms and wi ll
avoid unnecessary risk to bystanders. victims, and other officers.
59. Officers will not discharge a firearm from or at a moving vehicle, unless use of lethal
force is justified by something other than the threat from the moving vehicle; officers
will not intentionally place themselves in the path of or reach inside a moving vehicle;
and, where possible, officers will attempt to move out of the path of a moving vehicle.
60. CDP annually will provide at least 16 hours of firearms training which will include
pistol , shotgun, and policy training. In consultation with the Monitor, CDP will
develop a plan lo provide appropriate night, reduced light, and stress training for
officers. Officers will successfully qualify with each firearm they are authorized to use
or carry on-duty at least annually. Officers will be required to qualify using proficiency
standards and will not be permitted to carry any firearm on which they failed to qualify.
2. Electronic Control Weapons
61. Officers wiII use Electronic Control Weapons (''ECWs") only where: (1) grounds for
arrest or detention arc present and the subject is actively or aggressively resisting, and
lesser means would be ineffective; or (2) such fo rce is necessary to protect the officer,
the subject, or another party from immediate physical harm, and lesser means would be
ineffective or have been tried and failed.
62. Each standard 5-second ECW application is a separate use of fo rce that officers must
individually justify as reasonable. After the first ECW application, the officer will
reevaluate the situation to detennine if subsequent cycles are reasonable. In
determining whether any additional application is reasonable, officers will consider that
a subject may not be able to respond to commands during or immed iately fo llowing an
ECW application. Officers will not employ more than three cycles of an ECW against
a subject during a single incident.
63. Officers will consider lransitioning to alternative control measures if the subj ect does
not respond to ECW applications.
64. Officers will not use ECWs in drive stun mode solely as a pain compliance technique.
Officers may use ECWs in drive stun mode only to supplement the probe mode to
complete the incapacitation circuit, or as a countermeasure to gain separation between
officers and the subject so that officers can consider another force option.
65. Officers wi II determine the reasonableness or ECW use based upon all the relevant
circumstances, includ ing the subject's apparent age, size, physical, and mental
condition, and the feasibility of lesser force options.
66. Except where lethal force is authorized, officers will not use ECWs where: (1) a
deployment may cause serious physical injury or death from situational hazards,
including falling, losing control of a moving vehicle, or becoming ignited from the
presence of potentially explosive or flammable materials or substances; or (2) the
subject is visibly pregnant, apparently elderly, a child, visibly frail, has obviously low
body mass, or is in apparent medical crisis.
67. Officers will not use ECWs on fleeing persons who do not pose a threat of physical
harm to officers, other civilians, or themselves.
68. Officers will not intentionally target ECWs to a subject's head, neck, or genitalia.
69. Officers will not normally use ECWs on handcuffed or restrained persons. ECWs wi ll
be used on handcuffed or restrained persons only where the subject is displaying
aggressive physical resistance and lesser means would be ineffective or have been tried
70. Officers will carry ECWs in a weak-side holster to reduce the chances of accidentally
drawing and/or tiring a firearm.
71. Officers will be trained in and fo llow protocols developed by CDP, in conjunction with
the City's EMS professionals, on the officer's responsibi lities fo llowing ECW use,
a. restrictions on removing ECW probes, including the requirements described in
the next paragraph;
b. understanding the risks of positional asphyx ia, and using restraint techniques
that do not impair the subj ect's respiration fo llowing a ECW application;
c. monitoring all subjects who have received an ECW application while in pol ice
d. informing medical personnel of all subjects who have been subjected to
multiple ECW applications, including prolonged applications (more than 15
seconds); or who appear to be under the influence of drugs or exhibiting
symptoms associated with excited delirium; or who were kept in prone
restraints after ECW use.
72. The City will ensure that all subjects who have been exposed to an ECW application
receive a medical evaluation by emergency medical responders in the field or at a
medical facility. Absent exigent circumstances, probes will be removed from a
subject's sk in only by medical personnel or properly trained officers.
73. In addition to the force reporting requirements outl ined in paragraph 88, officers will
clearly articulate and justify the following regarding their ECW use in a written
a. each and every ECW cycle used on a subject or attempted against a subject;
b. use of the ECW in drive stun mode;
e. ECW application for more than 15 seconds;
d. continuous cycling of an ECW;
e. ECW application on a fl eeing person; and
f. ECW application by more than one officer.
74. Oflicers who have been issued ECWs wi ll receive annual ECW certifications, which
will consist of physical competency; weapon retention; CDP policy, including any
policy changes; technology changes; and scenario-based training.
75. CDP will develop and implement integrity safeguards on the use of ECWs to ensure
compliance with CDP policy. CDP will conduct qua1terly downloads of all ECWs.
CDP will conduct random and directed audits of ECW application data, which will be
provided to the Monitor for review. The aud its should include a comparison of the
downloaded data to the officer's Use of Force Reports. Discrepancies within the audit
should be addressed and appropriately investigated.
76. ECW application data will be tracked and analyzed in CDP's Officer lntcrvention
3. Oleoresin Capsicum Spray ("OC Spray")
77. Officers will apply OC spray only: (1) when such force is reasonable to protect the
officer, the subject, or another party from physical ha1m and lesser means would be
ineffective; or (2) for crowd dispersal or protection and other means would be more
intrusive or less effective.
78. After one standard OC spray (one second), each subsequent application is a separate
use of force that officers must individually justify as reasonable.
79. Officers will not normally use OC spray on handcuffed or restrained persons. QC spray
will be used on handcuffed or restrained persons only where the subject is displaying
aggressive physical resistance and lesser means would be ineffective or have been tried
80. Officers will be trained in and follow protocols developed by CDP in conjunction with
the City's EMS professionals, on the officer's responsibilities following OC spray use,
a. decontaminating every subject exposed to chemical spray by using cool water
to flush the subject's face and eyes within 20 minutes of gaining control of the
scene. Officers need not decontaminate subjects who were only secondarily
exposed to OC spray, for example, when OC spray is used for crowd control,
unless requested by the subject;
b. understanding the risks of positional asphyxia, and using restraint techniques
lhat do not impair the subject's respiration fo llowing an OC spray application;
c. requesting medical response or assistance for subjects exposed to OC spray
when they complain of continued effects after having been decontaminated, or
they indicate that they have a pre-existing medical condition (e.g., asthma,
emphysema, bronchitis, heart ailment, etc.) that may be aggravated by OC
81. Officers will carry only CDP issued OC spray.
82. CDP wi II maintain documentation of tbc number of OC spray canisters distri butcd to
and utilized by each officer.
83. OC spray application data will be tracked and analyzed in CDP's Officer Intervention
C. Use of Force Training
84. As part of its training requirements in Section XI of this Agreement, within 365 days of
the Effective Date, CDP will provide all current officers use of force training that is
adequate in quality, quantity, scope, and type and that includes:
a. proper use of force decision-making;
b. use of force reporting requirements;
c. the Fourth Amendment and related law;
d. de-escalation techniques, both verbal and tactical, that empower officers to
make arrests without using force and instruction that disengagement, area
containment, survei llance, waiting out a subject, summoning reinforcements,
using cover, calling in specialized units, or delaying arrest may be the
appropriate response to a situation, even when the use of force would be
e. role-playing scenarios and interactive exercises that illustrate proper use of
force decision-making, including training on the importance of peer
f. the proper deployment and use of all intermediate weapons or technologies;
g. the risks of prolonged or repeated ECW exposure, including that exposure to
ECWs for longer than 15 seconds (whether due to multiple applications or
continuous cycling) may increase the risk of death or serious physical injury;
h. the increased risks ECWs may present to a subject who is pregnant, elderly, a
child, frail, has low body mass, or is in medical crisis;
i. that when using an ECW the drive stun mode is generally less effective than
the probe mode and, when used repeatedly, may exacerbate the situation;
j. firearms training, as described in paragraph 60;
k. factors to consider in initiating or continuing a vehicle pursuit; and
I. for supervisors of all ranks, as part of their initial and annual in-service
supervisory training, training in conducting use or force investigations;
strategies for effectively directing officers to minimize uses of force and to
intervene effectively to prevent or stop unreasonable force; and supporting
officers who report unreasonable or unreported force, or who are retaliated
against for attempting to prevent unreasonable force.
85. CDP also will provide the use of force training described in paragraph 84 to all new
officers as part of its training Academy.
86. CDP will provide all officers with annual use of force in-service training that is
adequate in quality, quantity, type, and scope.
D. Use of Force Reporting Policy and Use of Force Reports
87. Within 365 days of the Effective Date, CDP will develop and implement a single,
uniform, reporting system pursuant to a Use of Force Reporting policy. CDP uses of
force will be di vided into three levels. The three levels for the reporting, investigation,
and review of use of force correspond to the amount of force used and/or the outcome
of the force. This Agreement's categorization of these types of uses of force is based
on the fo llowing factors: potential of the technique or weapon to cause injury; degree
of injury caused; degree of pain experienced; degree of disability experienced by the
subject; complaint by the subject; degree of restraint of the subject; impairment of the
functioning of any organ; duration of force; and physical vulnerabi lity of the subject.
Each level of force will require increasingly rigorous reporting, investigation, and
review. The levels of force are defined as follows:
a. Level 1 is force that is reasonably expected to cause only transient pain and/or
disorientation during its application as a means of gaining compliance,
including pressure point compliance and joint manipulation techniques, but
that is not reasonably expected to cause injury, does not result in an actual
injury, and does not result in a complaint of injury. It does not include
escorting, touching, or handcuffing a person with no or minimal resistance.
Unholstering a firearm and pointing it at a subject is reportable as a Level 1
use of force with the exceptions set forth in paragraph 56.
b. Level 2 is force that causes an injury, could reasonably be expected to cause
an injury, or results in a complaint of an inj ury, but does not rise to the level
of a Level 3 use of force. Level 2 includes the use of an ECW, including
where an ECW is fired at a person but misses; OC Spray application;
weaponless defense techniques (e.g., elbow or closed-fist strikes, kicks. leg
sweeps, and takedowns); use of an impact weapon, except for a strike to the
head, neck or face with an impact weapon; and any canine apprehension.
c. Level 3 is force that includes: (1) uses of lethal force; (2) uses of fo rce
resulting in death or serious physical injury; (3) uses of force resulting in
hospital admission; (3) all neck holds; (4) uses of force resulting in a loss of
consciousness; (5) canine bites; (6) more than three appl ications of an ECW
on an individual during a single interaction, regardless of the mode or duration
of the application, and regardless of whether the applications are by the same
or different officers, or an ECW application for longer than 15 seconds,
whether continuous or consecutive; and (7) any Level 2 use of force against a
88. All officers using or observing force will report in writing, before the end of their shift,
the use of force in a Use of Force Report. The Use of Force Report will include: (1 ) a
detailed account of the incident from the officer's perspective; (2) the reason for the
initial pol ice presence; (3) a specific description of the acts that led to the use of force;
(4) the level of resistance encountered; and (5) a complete and accurate description of
every type of force used or observed. The use of force reporting policy wi ll explicitly
prohibit the use of conclusory statements, ''boilerplate," or "canned" language (e.g.,
''furtive movement" or "lighting stance"), without supporting detail.
89. Officers will be subject to the disciplinary process for material omissions or
misrepresentations in their Use of Force Reports.
90. Officers who use or observe force and fail to report it will be subject to the disciplinary
process, up to and including termination, regardless of whether the force was
91. Officers who use or observe force will notify their supervisors, or ensure that their
supervisors have been notified, as soon as practical following any use of force. An
officer who becomes aware of an allegation of unreasonable or unreported fo rce by
another officer must immediately notify his or her supervisor of that allegation.
92. Use of Force Reports will be maintained centrally.
E. Use of Force Investigations
93. A supervisor who was involved in a use of force, including by participating in or
ordering the fo rce under investigation, will not investigate the incident or review the
Use of Force Reports for approval or disapproval.
1. Investigations of Level 1 Uses of Force
94. The direct supervisor of the ofiicer(s) employing a Level I use of force wi ll review and
approve the use of force in writing, return the Use of Force Report to the officer for
revision, or elevate the Level 1 use of force before the end of the supervisor's shift
following the shift on which the Level 1 force was used. lf the Use of Force Report is
returned to the officer for revision, all revisions and additional reviews will be
completed within 5 days of the use of force. It is not mandatory for supervisors to
report to the scene of a Level 1 use of force. Supervisors will elevate and investigate
any Level l use of fo rce that appears to have violated policy or was improperly
categorized as a Level I use of force. If a supervisor determines that an oflicer's report
reveals evidence of a use of force involving potential criminal conduct, he or she will
immediately notify Internal Affairs.
2. Investigations of Level 2 Uses of Force
95. The di rect supervisor of the officer(s) using force, upon notification of a Level 2 use of
force incident or allegation of excessive force, will respond to the location of the
occurrence. Where the force is a Level I but the subject has alleged excessive force,
the supervisor wil l respond to the scene to determine whether a Level I or Level 2
investigation should be conducted.
96. If a CDP supervisor uses a Level 2 use of force, a supervisor of a higher rank will
respond to the location of the occurrence and comply with the requirements of this
97. For all Level 2 uses of force, the direct supervisor wlll:
a. respond to the scene, examine the subject of the force for injury, and interview
the subject for complaints of pain after advising the subject that the interview
pertains only to the use or force and not to any underlying alleged crime and
that the subject need not answer questions;
b. where appropriate, ensure that the subject receives medical attention from an
appropriate medical provider;
c. obtain an identify ing number that allows CDP to track the use of force;
d. identify and collect all evidence relevant to the use of force and evaluate that
evidence to determine whether the use of force: ( 1) was consistent with CDP
policy; and/or (2) raises any policy, training, tactical, or equipment concerns;
e. ensure that all evidence that could establi sh material facts related to the use of
force, including audio and video recordings, photographs, and other
documentation of injuries or the absence of injuries is collected;
f. ensure that a canvass for civilian witnesses is conducted and interview all
civilian witnesses. Supervisors will either record the interview or encourage
civilian witnesses to provide and sign a written statement in their own words;
g. ensure that all officers witnessing a use of force incident by another officer
complete a Use of Force Report. Supervisors wil l ensure that all Use of Force
Reports identify all offi cers who were involved in the incident, witnessed the
incident, or were on the scene when it occurred;
h. ensure that involved offi cers arc interviewed separately from one another.
Group interviews will be prohibited. Supervisors wi ll not ask officers or other
witnesses leading questions that suggest legal justifications for the officers'
conduct, where such questions are contrary to appropriate law enforcement
i. each investigating supervisor will provide a brief written synopsis to their
immediate supervisor, which will be forwarded through the chain of command
to the District Commander by the end of the shift on which the force occurred,
documenting the supervisor's preliminary determination of the
appropriateness or the use of force.
98. The investigating supervisor will ensure that all Use of Force Reports include the
information required by this Agreement and CDP policy; consider all relevant
evidence, including circumstantial, direct, and physical evidence, as appropriate; and
make credibility determinations, if feas ible. Supervisors will make all reasonable
efforts through the investigation to resolve material inconsistencies between the officer,
subject, and witness statements, as well as inconsistencies between the level of force
claimed by the officer and the subject's injuries, and inconsistencies between multiple
offi cers. CDP will train all investigating supervisors on how to effectively complete
99. Whenever a supervisor determines that there may have been misconduct, the supervisor
will immediately notify Internal Affairs and Internal Affairs will determine if it should
respond to the scene and/or conduct or take over the investigation.
100. Within five days of learning of the use of force, each supervisor will complete and
document his/her investigation using a supervisor's Use of Force Report. Any
extension to this deadline must be authorized by a District Commander. This Report
will include the following:
a. the supervisor's narrative description of the incident, including a precise
description of the evidence that either justifies or fai ls to justify the officers'
conduct based on the supervisor's independent review of the facts and
circumstances of the incident;
b. documentation of all evidence that was gathered, including names, phone
numbers, and addresses of witnesses to the incident. In situations in which
there are no known witnesses, the report will specifically state that fact. In
situations in which witnesses were present but circumstances prevented the
supervisor from determining the identification, phone number, or address of
those witnesses, the report will state the reasons why. The report should also
include all available identi fy ing information for anyone who refused to
provide a statement;
c. the names of all CDP employees who used force or witnessed the use of force;
d. the investigating supervisor's evaluation of the use of force, based on the
supervisor's review of the evidence gathered, including a determination of
whether the offi cers' actions appear to be within CDP policy and consistent
with state and federal law; and an assessment of the incident for policy,
training, tactical or equipment concerns, including whether the use of force
may have been avoided through the use of de-escalation techniques or lesser
force options; and
e. documentation of any non-disciplinary corrective action taken.
101. Investigatory supervisors will be subject to the disciplinary process for fa iling to
adequately investigate and document a use of force and material omissions or
misrepresentations in the supervisory investigation. An investigatory supervisor's
failure to adequately investigate a use of force will be addressed in their perfom1ancc
102. Upon completion of the supervisor's Use of Force Report, the investigating supervisor
will fo rward the report through their chain of command to the District Commander,
who will review the report to ensure that it is complete and that the findings are
supported using the preponderance of the evidence standard. Each level in the chain of
command will review the report within 72 hours of receiving it. Reviewing supervisors
in the chain of command wi ll order additional investigation when it appears that there is
additional relevant evidence that may assist in resolving inconsistencies or improve the
reliability or credibility of the findings.
103. Where the findings of the Use of Force Report are not supported by a preponderance of
the evidence, the investigating supervisor's chain of command will document the
reasons for this determination and will include this documentation as an addendum to
the original investigation. The investigating supervisor's superior will counsel the
investigating supervisor regarding the inadequately supported determination and of any
investigative deficiencies that led to it. The District Commander will be responsible for
the accuracy and completeness of Use of Force Reports prepared by supervisors under
104. Where an investigating supervisor conducts deficient investigations, the supervisor will
receive the appropriate corrective action, including training or demotion, in accordance
with performance evaluation procedures and/or the disciplinary process.
105. Whenever an investigating supervisor, reviewing supervisor, or District Commander
finds evidence of a use of fo rce involving potential crim inal conduct by an offi cer, he
or she will suspend the force investigation immediately and notify Internal Affairs.
Internal Affairs wi ll immed iately notify FIT. which will take over both the criminal and
106. When the District Commander finds that the investigation is complete and the fi ndings
are supported by the evidence, the investigation fi le will be promptly fo rwarded to
Internal Affairs. Internal Affairs will review the investigation to ensure that it is
complete and that the findings arc supported by the evidence.
107. When Internal Affairs completes its review, it will forward the complete fi le to the
Chief of CDP for disposition.
108. At the discretion of the Chief, his or her designee, or Internal Affairs, a use of force
investigation may be assigned or re-assigned for investigation to FIT or to another
supervisor, whether within or outside of the District in which the incident occurred, or
may be returned to the District for further investi gation or analysis. This assignment or
re-assignment will be explained in writing.
109. Where, after investigation, a use of force is found to be out of policy, the Chief will
direct and ensure the appropriate disciplinary process. Where the use of fo rce indicates
policy, training, tactical, or equipment concerns, the Chief will ensure also that
necessary training is delivered and that policy, tactical, or equipment concerns are
3. Force Investigation Team and Investigations of Level 3 Uses of Force
110. CDP may refer criminal investi gations of uses of force to an independent and highly
competent agency outside CDP where appropriate to ensure the fact and/or appearance
of impartiality of investigations.
111 . The Internal Affairs Unit will include CDP's Force Investigation Team ("FIT"). Each
FIT will be a team comprised of personnel from various units and will not be a new unit
to which officers are permanently assigned. The FIT will conduct administrative
investigations in all of the fo llowing instances and, where appropriate and where not
assigned to an outside agency as permitted above, will conduct criminal investigations
of: (1) all Level 3 uses of fo rce; (2) uses of force involving potential crim inal conduct
by an officer; (3) all instances in which an individual died while in, or as an apparent
result of being in, CDP custody; and (4) any uses of force reassigned to FfT by the
Chief or his or her designee. The FfT wi ll be designed to ensure that these incidents are
investigated fully and fai rly by individuals with appropriate expertise, independence,
and investigative ski lls to ensure that uses of force that are contrary to law or policy arc
identified; that training, tactical, and equipment deficiencies related to the use of force
are identified; and that investigations are of sufficient quality.
112. FlT will be comprised of personnel who have specialized training and expertise. The
FIT membership will be tailored to the circumstances of each investigation, but will
normally include one or more FIT detectives, the FIT sergeant, an Office of
Professional Standards investigator, an Internal Affairs investigator, and a Homicide
Unit supervisory officer, who will serve as the Team's leader. OPS investigators will
not participate in criminal investigations. At least one member of the FIT will be
available at all times to evaluate potential referrals from CDP supervisors.
113. Prior to performing FIT duties, FIT members will receive FIT-specific training that is
adequate in quality, quantity, scope, and type, including FIT procedures, including
callout and investigative protocols; the differences between administrative and criminal
investigations and how each should be conducted; investigations of orticer-involved
shootings; investigative equipment and techniques; and proper roles of the fo llowing:
on-scene counterparts, such as crime scene technicians; the Monitor; any outside
investigating agency; the prosecutor's office; and OPS. The training also will address
techniques for objective fact-gathering and evaluation and the factors to consider when
evaluating credibility. FIT investigators also will receive annual in-service training that
is adequate in quantity, quality, type, and scope.
114. Within days from the Effective Date, CDP will identify, assign, and train personnel for
the FIT to fulfill the requirements of this Agreement.
115. FIT will respond to the scene of every incident involving a use of fo rce for which it is
required to conduct an investigation. The FIT leader will immediately notify the
appropriate prosecutor' s office. If the City elects to utilize an outside agency to
conduct the criminal investigation, the FlT leader will notify the designated outside
agency to respond to the scene to conduct the criminal investigation.
116. CDP will develop and implement policies to ensure that, where an outside agency
conducts the criminal investigation, FIT conducts a concurrent and thorough
117. Before using an outside agency to conduct criminal investigations, CDP will develop a
memorandum of understanding with the outside agency to ensure lhat, after an
appropriate prosecutor review, completed criminal investigations are provided to FIT
and the Monitor, and that information obtained from or as a result of any compelled
interviews of officers is not provided to criminal investigators. The memorandum of
understanding also will delineate responsibilities between the two agencies and
establish investigative protocols to ensure, to the extent possible, thorough, objective
and timely administrative and criminal investigations.
118. FIT will:
a. assume control of the use of force investigation upon their arrival, unless an
outside agency is conducting the criminal investigation and control of the
scene by the criminal investigating body is appropriate;
b. ensure that a canvass for, and interview of, civilian witnesses is conducted by
FlT team members. FIT members will either record the interview or
encourage civilian witnesses to provide and sign written statements in their
own words, but will take information from civilian witnesses who have
pertinent information even if they refuse to be recorded or refuse to complete
or sign a formal statement;
c. arrange for photographing and processing of the scene;
d. ensure that all evidence that could establish material facts related to the use of
force, including audio and video recordings, photographs, and other
documentation of injuries or the absence of injuries is collected;
e. examine the subject for injury, photograph areas of injury or complaint of
injury, interview the subject for complaints of pain after advising the subject
that the interview pertains only to the use of force and not to any underlying
alleged crime and that the subject need not answer questions, and ensure that
the subject receives medical attention from an appropriate medical provider;
f. ensure that all officers witnessing the use of force by another officer complete
a use of force report regarding the incident;
g. review all use of force reports to ensure that they include the information
required by CDP policy;
h. consistent with applicable law, interview all officers who witness or arc
otherwise involved in the incident. To the extent possible, officers will be
separated until interviewed. Group interviews will be prohibited. FIT will not
ask officers or other witnesses leading questions that suggest legal
justifications for the officers' conduct, when such questions are contrary to
appropriate law enforcement techniques. FIT wi ll record all interviews. FIT
will ensure that all FIT investigation reports identify all offi cers who were
involved in the incident, witnessed the incident, or were on the scene when it
i. arrange for body worn camera video downloads;
k. provide an initial briefing to a training representative at the start of the
investigation to ensure that any training issues that require immediate
attention are identified, and continue to consult as appropriate with the
training representative; and
k. make all reasonable efforts through the investigation to resolve material
inconsistencies between the officer, subject, and witness statements, as well as
inconsistencies between the level of fo rce claimed by the officer and the
119. On at least an annual basis, the Monitor will determine whether the criminal
investigations conducted by the outside agency are consistently objective, timely, and
comprehensive. If the Monitor determines that they are not and the City disagrees, the
Court will resolve the disagreement. If a determination is made that the investigations
arc not consistently objective, timely, and comprehensive, the memorandum of
understanding will be terminated and the FIT will assume responsibi lity for conducting
all criminal investigations of uses of force.
120. Ir the FfT leader determines that a case has the potential to proceed criminally,
compelled interviews of the subject offi cer(s) will be delayed. No other part of the
investigation will be held in abeyance unless specifically authorized by the Chief in
consultation with the agency conducting the criminal investigation and the appropriate
121. The FIT leader will complete a preliminary report that will be presented to the Chief of
Police or the Chier s designee as soon as possible, but absent exigent circumstances, no
later than 24 hours after learning of the use of force.
122. With the exception of compelled interviews as described inparngraph 120, FIT will
complete its administrative investigation within 60 days. Any request for an extension
of time must be supported by a writlen j ustification and approved in writing by the
Chief or the Chiers designee. CDP's inability to complete the investigation because it
is awaiting information from an outside agency, such as the medical examiner's office,
will constitute sufficient basis for such an extension for that portion of the
investigation. Within seven days of the conclusion of each use of force investigation,
FIT will prepare an investigation report and recommend whether the preponderance of
the evidence establishes that the involved officer(s) violated CDP policy, and whether
any training or policy concerns are presented. FIT's investigative report and
recommendations will be reviewed by the head of Internal Affairs. Within three
business days, the head of Internal Affairs will approve or disapprove FTT's
recommendations, or request that FIT conduct additional investi gation. Any request for
additional investigation and the FIT's response will be documented and maintained in
the investigatory file. Internal Affairs will fo rward the investigative report to the Chief
of Police for review and approval.
123. CDP will revise the FIT manual to ensure that it is consistent with the force principles
outlined in this Agreement and includes the following:
a. guidance on an appropriate approach when providing Garrity warnings and
protections to officers for answering questions regarding their uses of force;
b. clear procedures to ensure appropriate separation of criminal and
administrative investigations in the event of compelled subject officer
c. definitions of all relevant terms
d. clear statements of the mission and authority of FIT;
e. procedures for report writing;
f. procedures for objective fact-gathering and evaluation and the factors to
consider when evaluating credibility;
g. procedures for collecting and processing evidence;
h. procedures for consul ting with the law department, including ensuring that
administrative investigations are not unnecessarily delayed while a criminal
investigation is pending; and
i. scene management procedures.
F. Force Review Board
124. CDP wi ll develop and implement a Force Review Board ("FRB") to serve as a quality
control mechanism for uses of force and force investigations, and to appraise use of
force incidents from a tactics, training, policy, and agency improvement perspective.
The FRB will review all FIT investigations, all Level 2 investigations where there was
a determination of force related misconduct, and a sample of Level 2 use of force
investigations. The Force Review Board ("FRB") will be comprised of the Chief of
Police or his or her designee, who will chair the FRB; a supervisor from the training
section; a representative from Office of Professional Standards; and a representative
from Internal Affairs. One representative from each District, to be selected by the
District Commander, will participate in all Force Review Board reviews involving a use
of force in that District. The Chair may include any subject matter experts the Chair
fee ls would be helpful in reviewing particular incidents. The FRB also may consult
with other advisors as necessary.
125. Each member will receive training on legal updates. updates to CDP's policies, and
CDP training curriculum related to the use of force.
126. The Force Review Board will conduct comprehensive and reliable reviews of
investigations within 90 days of submission to the FRB. The scope of the Board's
review will not be limited to assessing an officer's decision-making at the moment the
officer employed force. Rather, the FRB's review will include the.circumstances
leading up to the use of force, tactical decisions, info1mation sharing and
communication, adequacy of supervision, equipment, training, CDP's medical
response, when applicable, and any commendable actions. The review wi ll include the
actions and inactions of all officers, supervisors, comrnanders, and dispatchers involved
in the incident, as appropriate.
127. In conducting these reviews, the Force Review Board will:
a. ensure that it is objective and complete and that the findings are supported by
a preponderance of the evidence. Where the findings are not supported by a
preponderance of the evidence, the FRB will document the reasons for this
determination, including the specific evidence or analysis supporting its
conclusions, and fo rward its determination to the Chief of Police;
b. hear the case presentation from the lead investigator, or for supervisory
investigations, the representative from the District where the force occurred;
c. review any written or recorded statements from the officer, and discuss the
case as necessary with the investigator or District representative to gain a full
understanding of the facts of the incident;
d. order additional investigation when it appears that there is additional relevant
evidence that may assist in resolving inconsistencies or improve the reliability
or credibility of the force investigation;
e. determine whether the inc.ident raises concerns regarding policy, training,
equipment, supervision, medical response by officers on the scene,
communication, or tactics, and refer such incidents to Lhe appropriate unit
within CDP to ensure they are resolved;
f. recommend non-disciplinary conective action to enable or encourage an
officer to improve his/her performance; and
g. document its findings and recommendations in a report within 15 days of each
FRB case presentation.
128. The FRB will assess the quality of the investigations it reviews, including whether
investigations are objective and comprehensive and recommendations are supported by
a preponderance of the evidence. The FRB will identify and document any deficiencies
that indicate a need for corrective action.
129. Annually, the FRB will examine the data related to use of force provided by the Data
Collection and Analysis Coordinator pursuant to paragraph 261, to detect any patterns,
trends, and training deficiencies and make recommendations for correction, as
appropriate. The analysis will be provided to the Monitor. To avoid duplication of
effort in developing the public report required by paragraph 266, this analysis wi ll be
conducted in conjunction with the Data Collection and Analysis Coordinator.
130. The FRB will work with the Data Collection and Analysis Coordinator to develop a
tracking system to ensure that each of its recommendations has been forwarded to the
appropriate personnel. The Chief and his or her designee wi ll ensure that the FRB's
recommendations, including non-disciplinary corrective action, are implemented as