Part 1 of a 2-part series By Chuck Remsberg Senior PoliceOne Contributor The shooting’s over. You’ve survived. The suspect is likely dead or wounded. And now your priorities change.
Moments before, your sole focus was on protecting your life, your partner’s life, or some civilian’s. Now you need to protect yourself from a different threat: any potential legal actions that may be headed your way. In more than 20 years as a police attorney, John Hoag has represented more than 40 officers who’ve been involved in shootings. As a lawyer for law enforcement unions throughout the Northwest, he has protected LEOs through departmental investigations, grand jury probes, review board hearings, and state and federal lawsuits, and he knows first-hand how treacherous missteps can occur even in shootings that are slam-dunk justified. Drawing from his experience, Hoag recently shared with PoliceOne 10 critical elements of legal “first aid” he believes are essential for you to tend to once the smoke has cleared from your armed encounter. If you belong to a strong bargaining unit or patrol where an Officers’ Bill of Rights is in force, some of these considerations are supposed to kick in on your behalf automatically. Otherwise, they’re issues to lobby for now with your department and to remember on your own after a lethal confrontation. Keeping a checklist in your pocket may prove to be a godsend when you’re under stress and groping for guidance after a fight of—and for—your life. 1. Very briefly debrief your supervisor. “Even though you’re confident you’ve done nothing wrong, it’s important that your after-action behavior not compromise your personal legal protection,” Hoag cautions. “In the immediate wake of a shooting, it’s best for you to say as little as possible and get off scene as quickly as possible. “Under stress, if you try to reconstruct details what you say may have to be corrected later, after you’ve sorted out what really happened. Inconsistencies will not help you or your department, but could end up helping some opposing attorney.”
Great advise also have a liaison, someone you can really trust and make a mutual agreement with them prior to a situation, not management no matter how much you trust them, preferably someone who works the same shift with you. You will need him or her to think for you after having post traumatic stress....which happens almost immediately after the incident...Have your trusted partner take you directly to the hospital fuck the IAD...or who ever handles these situations...and call an attorney (Lawyer Up) even if you have not done anything wrong....
Posted by: Delta784
If you're involved in a deadly force incident, DO NOT SAY OR WRITE ANYTHING TO ANYONE until you have spoken with union representation and legal counsel.
Unfortunately (and I say that only because I hate to see any cop go through it; I was glad to help) I've been the union rep for a couple of deadly force encounters, and while the brass & the DA were very reasonable, I still would not trust them as far as I could throw them.
If you're a MA officer and are ordered to write a report or make a statement after a deadly force encounter, submit this;
"I hereby invoke my rights under the Fifth and Fourteenth Amendments to the United States Constitution as well as Article XII of the Massachusetts Declaration of Rights to remain silent and refuse to answer any questions, submit any statements, or provide any further information at this time".
Don't say or write ANYTHING else until you have consulted with legal counsel.
Posted by: SinePari
Everybody will know over the radio, however your first cell phone call should be to your union rep.
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