INFORMATION BULLETIN

OAKLAND POLICE DEPARTMENT

Date: 18 Aug 14
Information Bulletins shall be used to set forth information, notices, or announcements regarding topics of general
interest. Such bulletins shall not constitute official policy. Information Bulletins expire two years from the date of
publication unless revised, canceled, or superseded sooner. Members shall retain them until expiration.

Force Review Boards

Information Updates/Findings
Purpose of the Bulletin
Force Review Boards (FRB) and Executive Force Review Boards (EFRB) are convened to review and evaluate
the factual circumstances surrounding force incidents and associated use of force investigations, in-custody
death investigations, and vehicle pursuit-related deaths.
Responsibilities include:
1.
2.

Determine whether the force was in compliance with Departmental policies and procedures; and
Identify any policy revision, training, tactical, or other issues related to the use of force.

The Training Section will publish overall findings, and when appropriate, training points subsequent to any
FRB and EFRB hearings. The intent of these updates is to illustrate to the membership how our force policies,
applications, documentation and overall reviews are impacting our ability to provide the best police service
possible.
Second Quarter 2014 Force Review Board Findings
The FRB and EFRB reviewed four incidents consisting of the following actual use of force*:
One (1) Impact Weapon with Contact (Type 12)
One (1) Any use of force resulting in injury (Type 13)
Four (4) Other Level 3 UOF on a restrained person- (Type 15-16)
Four (4) Other Weaponless Defense Technique (Type 16)
Three (3) Pointing of Firearm (Type 22)
One (1) Weaponless Defense Technique Control Hold (Type 25)

*Some cases had more than one type of force used and more than one member using force.
All FRB and EFRB cases/incidents above were deemed to be in compliance with policy.

REMINDERS / TRAINING POINTS

During the hearings, several discussion points were raised; some were items that warrant correction or performance
improvement, but others were incidents in which members took extra steps to enhance their effectiveness during the
event in question. Collectively, these discussion points, listed below, are being considered for inclusion in policy and
serve as excellent examples and reminders for all personnel:

Information Bulletin

Effective Date: 18 Aug 14

1.

Members are reminded that when PDRD activation is required (as specified in DGO I-15.1, Part II.
A.1-7) they shall activate their PDRD prior to the initiating event.

2.

Members are reminded that there is a varying mechanical delay of several seconds between the
physical activation of the PDRD by the member and the actual recording by the PDRD. To ensure the
delay does not prevent the PDRD from capturing the entire event, members are encouraged to activate
their PDRD before exiting their vehicle or while enroute to an incident.

3.

Members are reminded that they are required to upload their PDRD at the end of and, if needed, during
their shift to ensure storage capacity is not exceeded.

4.

Members are reminded that during a use of force incident they shall complete their reports separately.
Members shall not cut and paste narratives from each others reports even when their involvement was
minimal.

5.

Members are reminded to be aware of medical response protocols. When ordering an ambulance for a
mentally disordered person (Code 2 5150 or Code 2 with straps), there may not be an Emergency
Medical Technician (EMT) assigned to the ambulance and you will not receive a response from the
OFD who have EMTs assigned. If the mentally disordered person shows signs of a possible medical
condition, members should update Communications and request either a Code 2 Medical or up the
response to Code 3 Medical, additionally advising Communications of the medical issue. When in
doubt regarding the exact nature of the medical condition members should request an ambulance for
Code 3 Medical.

6.

Members are reminded to duty-load their firearm and all magazines. Members should count each
round and should not rely on the witness holes on the back of the magazines.

7.

Members are reminded that for any critical incident scene (i.e., Level 1 Use of Force, In-Custody
Death or Vehicle Pursuit Related Death incident), baring exigent circumstances, police vehicles used
by involved members should be left in place until approval to move them is received from an
investigator.

8.

Members are reminded that, when sequestering involved members at a critical incident scene, the
assigned members should only use vehicles of uninvolved personnel.

9.

Evidence Technicians are reminded for any critical incident scene to process any restraint system used
(i.e. handcuffs, WRAP, Rip-Hobble) to document the functionality of the equipment.

10.

Members are reminded that, when removing a prisoner who has managed to slip the handcuffs in front
of their body, they need to formulate a plan to safely remove the prisoner and re-handcuff them.
Members should ensure they have sufficient personnel on the scene to perform the actions and
communicate with each other while doing so. Although a prisoner may appear cooperative, they pose
a more significant threat of fighting due to their hands being in front of their body.

11.

Members are reminded that any Level 3 use of force on a restrained person shall be raised to a Level 2
use of force as specified in SO 8977. A restrained person is a person who has been fully placed in a
Department authorized restraint device such as both hands handcuffed, a WRAP or Rip Hobble. A
person with only one handcuff on is not considered a restrained person.

12.

Use of force investigators are reminded that they need to do a thorough analysis of every use of force,
under the Graham v. Conner reasonable standard, in their investigation. Investigators have been doing
an excellent job addressing Level 2 uses of force, then minimally addressing associated Level 4 uses of
force.

13.

Use of force investigators are reminded that they need to include documentation in their investigation
confirming that a members PDRD was broken, malfunctioning or turned in for repair.

Information Bulletin

Effective Date: 18 Aug 14

14.

Use of force investigators are reminded to request and attempt to obtain any use of force report
conducted by an outside agency for inclusion in their investigation. Investigators shall ensure, upon
review and analysis of the outside agency force report that the material facts are consistent with those
obtained during the Departments investigation. Investigator must address any discrepancies
discovered and document the steps taken to resolve them. If the outside agency did not complete a use
of force report or will not provide a copy, that fact should be documented in the investigation.

15.

Use of force investigators are reminded that citizens often video record police actions and post them to
social media sites. Use of force investigators should as a standard practice check social media sites for
private party videos when they are likely to exist.

16.

Use of force investigators are reminded that their presentation to the FRB/EFRB is to be factual and
based on their investigation. Investigators are not to speculate or attempt to provide justification on
matters not addressed during the course of their investigation. Investigators should be asking probing
questions during their investigation to determine what, why or how something occurred or didnt occur
and document it in their investigation. Additionally, use of force investigators may have members
clarify any issues in their report. If an issue was not addressed or the answer is unknown, investigators
should simply state that to the Board.

17.

The Board recognized a good job by a use of force investigator of obtaining a citizens cell phone
video at an incident scene. The investigator had the citizen play the video while he used his PDRD to
record it.