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After OIS protocal

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  • After OIS protocal

    Hello All,

    Why after an Officer Involved Shooting is the weapon of the officer(s) involved taken from them? I have read a few different department policies stating that the officer's weapon will be taken from them and replaced with another duty weapon.

    I can't find the reasoning behind this but my only guess is that it is used as evidence for the report and/or court.


  • #2
    Because it’s evidence. That’s it.
    Now go home and get your shine box!

    Comment


    • #3
      They need to do ballistics to verify the rounds pried from the dead goblin were fired from the good guy’s gun, and need to inspect it to confirm it functions as designed, and complies with department policies such as sights, trigger, ammunition or other potential mods. They will also probably fingerprint and DNA swab to establish chain of custody and if the suspect tried to disarm the officer.
      Government is not the solution to our problem; government is the problem. - Ronald Reagan

      I don't think It'll happen in the US because we don't trust our government. We are a country of skeptics, raised by skeptics, founded by skeptics. - Amaroq

      Comment


      • #4
        Originally posted by iPhattMatt View Post
        Hello All,

        Why after an Officer Involved Shooting is the weapon of the officer(s) involved taken from them? I have read a few different department policies stating that the officer's weapon will be taken from them and replaced with another duty weapon.

        I can't find the reasoning behind this but my only guess is that it is used as evidence for the report and/or court.
        Pretty much EVERYTHING is part of the evidence of the event...................
        Since some people need to be told by notes in crayon .......Don't PM me with without prior permission. If you can't discuss the situation in the open forum ----it must not be that important

        My new word for the day is FOCUS, when someone irritates you tell them to FOCUS

        Comment


        • #5
          Originally posted by ateamer View Post
          They need to do ballistics to verify the rounds pried from the dead goblin were fired from the good guy’s gun, and need to inspect it to confirm it functions as designed, and complies with department policies such as sights, trigger, ammunition or other potential mods. They will also probably fingerprint and DNA swab to establish chain of custody and if the suspect tried to disarm the officer.
          Well...yeah...like I said. Evidence.
          Now go home and get your shine box!

          Comment


          • #6
            To be faire, in any standard OIS Protocal, your dooty gun is not taken. It’s assumed your acted within the skope of Grahame vs Conner.

            So maybe you read a different policy.
            semper destravit

            Comment


            • #7
              It's obviously evidence in a investigation. Just because its a officer doesn't mean its not a homicide investigation if the suspect dies.

              Comment


              • #8
                Thanks for the info gents. I appreciate the info.

                Comment


                • #9
                  Not sure what you are referencing, RGDS, but it is common in Georgia to take the weapon when doing an OIS when investigated. Many departments, including the GBI, had policies where a replacement weapon would immediately be issued (may no longer be the case, but was at least). This is because the presumption is the officer shooter did nothing wrong (and therefore should receive a new weapon) but that ballistics evidence needs collecting/examining. Of course that presumption can be rebutted, but usually is not.

                  May be different elsewhere, but this was/is the norm in the state of Georgia at least.

                  Comment


                  • iPhattMatt
                    iPhattMatt commented
                    Editing a comment
                    I have seen several videos where the officer involved had his weapon replaced after the incident and I read a policy for a city in California. I am currently in the hiring process for that department so I don't want to publicly state which city it was.

                  • RGDS
                    RGDS commented
                    Editing a comment
                    There are just under 500 cities in California. I bet I could guess with a high degree of accuracy.

                  • iPhattMatt
                    iPhattMatt commented
                    Editing a comment
                    You might be able to guess...

                • #10
                  The general practice in most jurisdisdictions is to collect it as evidence. The officer is essentially investigated for aggravated assault or homicide (if it resulted in a death) to make sure the shooting is justified. The weapon is seized and like another posted indicated above - tested for ballistics, dna, etc. Its a checks and balance system to ensure the officer and the firearm were good for use when challenged in civil and criminal court. The statute of limitation for civil cases (perpretrator or family of same tries to file lawsuit) is 3 years in North Carolina. A lot of jurisdictions will keep that weapon in evidence past any clearance by the D.A. and internal affairs until after the timeframe has elapsed for the civil case possibility just to help exonerate the officer of any civil wrongdoing.

                  What it comes down to is that it shouldnt matter to the officer what specific gun he or she carries. It (normally) is owned by the taxpayers of the jurisdiction, as long as they are cleared to go back into the field to work they will get another gun that works the same way.

                  What Ive noticied about this forum is theres a lot of things citizens who arent cops (yet) think about that you realize dont matter once you are sworn. You begin to think about things that actually impact your career, family, retirement...having the exact same Glock (or the like) isnt exactly one of those things.
                  "There's no such thing as a bad beer.....its only less awesome beer...."

                  "Liberalism is a mental disorder" - Michael Savage

                  Comment


                  • #11
                    You may have more than your firearm removed. I recommend a change of clothes in your locker and a hobby to occupy your time while on administrative leave.

                    Last edited by BTDT2; 07-13-2018, 12:51 AM.

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                    • #12
                      My department will take the firearm used as evidence, replace it with one they keep for officers involved in shootings until they release it back, about a week later still in evidence bags. Same with patrol rifle and mags, unfortunately they don’t have a replacement for rifles. (They return them with dead batteries on the lights)

                      They’ll do a round count on all magazines and firearms in your possession including secondary firearms.

                      I've been told they give a replacement for psychological reasons. Don’t want to make it seem like they’re disarming the officer because they did something wrong.

                      Comment


                      • #13
                        Many years ago (early 90s), one of our guys killed a pair of home invaders. Eleven shots, nine of them in the face, the others were A-zone hits. The armorer/instructor who inspected the Glock kissed the barrel when he was putting it back together.
                        Government is not the solution to our problem; government is the problem. - Ronald Reagan

                        I don't think It'll happen in the US because we don't trust our government. We are a country of skeptics, raised by skeptics, founded by skeptics. - Amaroq

                        Comment


                        • #14
                          That was a good Glock...
                          Now go home and get your shine box!

                          Comment


                          • #15
                            Our protocol for an OIS was exactly the same as it would be for a civilian in the same situation, with the obvious exception that we do not give the civilian a replacement weapon of course. Gun, clothing, duty belt, etc. are bagged and tagged for evidence. By treating it in the same manner as any other incident you remove a lot of questions about impropriety in the investigation.
                            In God We Trust
                            Everyone else we run local and NCIC

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