Officer Involved Shooting: You as the Crime Scene

By Dr. Peter A. Barone, Esq.

       Understanding the OIS Crime Scene and What to Expect in the ensuing Investigation

Being involved in an OIS is one of the most traumatic and most uncomfortable experiences for a law enforcement officer to encounter when they are the shooting officer. It is so uncomfortable because they are now immediately placed in a role reversal and it is one they are just not used to being in or familiar with in the performance of their normal duties. They go through an instantaneous transformation from being cop to subject. In fact, they are now officially the SUBJECT in a criminal investigation and if the shooting resulted in death, then they are the subject of a homicide investigation. The more knowledge they have concerning the law, the process and the procedures that will be used by the department investigating their actions the less stressful the experience can be for them.

Another very difficult mind-set for the shooting officer to acknowledge is that in addition to being the subject in a criminal investigation them themselves, their clothing, their weapon, their gear, and their shoes, and sometimes their body itself, are all a potential crime scene and potential evidence that needs to be impounded and processed. In addition, the department may ask for a urine sample as is done in the cases where an officer is involved in an automobile accident where the officer was driving. In the immediate moments after an officer involved shooting, as an officer you may still continue functioning as an officer and looking to make sure the subject is no longer a threat to yourself, to those around you, or to the person the suspect may have been originally threatening which caused you to have to take the action you were required to take that resulted either in injury or death to the suspect.  

In officer involved shootings incidents the shooting officer sometimes immediately after the shooting ends, may even be collecting evidence or gathering individuals together for statements, and this may go on until the initial responding officer, supervisor or investigator arrives on the scene. When the first officer arrives on the scene it is at this time when the reality of the shooting officer changing from the officer being part of the group of officers on a scene, which he or she is used to being part of, and now changes into “ we cannot speak with you, you cannot be with us, it is better if you do not say anything to us about what happened and you need to go over there, give us your duty weapon, and we are calling your union representative and your attorney.” An officer must be prepared for this to happen and if are not they may feel alienated and may feel that they are in some type of trouble when all the other officers are doing is following orders or protocol. As the shooting officer you must expect this to occur and you want this to occur for your own good and for the required investigation which is going to follow the shooting.  

You, as the shooting officer in an OIS, must understand that there is a great chance that you have experienced a traumatic event and that experience has the great potential to have a negative effect on you and on your memory. The result of experiencing this traumatic event may not actually manifest itself for several days, however, at the time it occurs there are physiological activities happening that you may not even be cognizant of that have an effect on your memory and ability to provide an accurate account of what actually occurred. This is exactly why it is best to not make a statement at the scene. It is important to take some time to be alone with family, your attorney and a psychological counselor and to also get some rest and a real cycle of deep sleep before you make any statement concerning the shooting. You should take advantage of the 4^th, 5^th and 6^th amendment rights; take the time to speak with your union representative and attorney and a counselor if one is available. Take the time to go home, speak with your family, feel comfortable in your familiar environment, and try to get some time to put things into perspective. Without getting normal sleep and reentering into your normal sleep cycle you cannot get back to a homeostasis and your memory cannot come back with the clarity of what you attended to during the shooting event.