Recommendations for Investigating Non-Firearm Arrest-Related Deaths ( continued )
ing the times recorded from the CEW data port printout , and included in the final investigation report . 5 , 21-23
Attending the Autopsy Although the investigator will obtain the autopsy report , death certificate , and results of postmortem tests ( toxicology , serology , histology , and bodily fluids ), the investigator should attend the autopsy . It is important that the investigator take notes and take photographs of the subject ’ s wrists , ankles , where restraints may have been applied , signature marks of the CEW application on the body , and to document signs of trauma from other force measures used and / or self-inflicted injuries . Since many of the ARDs are associated with ExDS and mental illness , the investigator should request that the attending pathologist perform tests which examine the internal organs , including an analysis of the brain and heart , bodily fluids ( stomach , urine , and spinal fluid ), tissues of the internal organs , analyzing samples of the subject ’ s hair and fingernails , and swabbing the orifices of the subject
1 , 10-11 , 13-15 , 18-23 for drug testing .
Preparing to Interview the Involved Officer ( s ) The investigator must be aware of the distinction between performing an administrative investigation and interviews of the officers involving potential criminal offenses . Interviews involving potential violations of department policies , practices , and job-related issues are administrative in nature and are framed within the United States Supreme Court ’ s decision in Garrity v . New Jersey ( 1967 ). 24 Prior to performing an administrative interview of the involved officers , the investigator should review training on the department ’ s protocol for conducting the interview , provide the officer with an advisory statement as to the nature of the interview , in accordance with Garrity , and advise the officer of the nature of the administrative interview . 25 Generally , the interviewed officer may be allowed to have legal counsel present during the interview . It is recommended that the administrative interview be conducted after at least two-sleep cycles of the officer after the incident . 8
Investigator ’ s Report Prior to developing the final report , it is recommended that the investigator review the incident with the department ’ s force investigation team and particularly interview the department ’ s use of force instructor which is certified to train authorized force techniques and force equipment . Interviewing the department ’ s use of force instructor ( s ), reviewing the force training curriculum , the incident video , and appropriate policy , provides an additional perspective regarding the response of the involved officers . 6
Once the investigation is completed , the investigator should integrate all of the evidence collected and assed , integrate all of the interviews of the officers and witness statements , integrate the developed timeline , into a final investigation report . 22-23 , 25 The objective is to chronicle the investigation process and to provide a comprehensive and accurate summation of the ARD . The investigator should refrain from interjecting their opinion and avoid making recommendations regarding the involved officers . The investigator is reminded that it is highly likely that the investigation protocols followed , and the final report will be subject to court scrutiny .
The investigation of ARD compromises numerous and complex issues . This article has described some of the general components and recommendations for conducting the investigation . Investigators are encouraged to review additional investigation protocols relative to ARD incidents and complete training specific to conducting an ARD investigation . Investigators are encouraged to be proactive in pre-planning an ARD investigation in order to minimize potential errors .
38 FALL 2021