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Investigations of Officer Involved Critical Incidents often place extraordinary demands upon the individuals and agencies involved. In addition to the knowledge, skill and resources required to investigate civilian critical incident cases, officer involved critical incidents present unique combinations of complexities.

These cases tend to attract considerable interest from segments of the public and from the news media. The public’s right to know what occurred may require balancing the investigative necessity, with the rights of privacy or rights to a fair trial. Doubts may be expressed by some about the propriety of police agencies conducting investigations of officer involved critical incidents which involve their own officers as actors or victims.

The individual agencies involved in such officer involved critical incidents, as well as those involved in the subsequent investigations, must realize that each incident has potential social, civil, administrative, and criminal consequences. Officer involved critical incident investigators and agency administrators must understand the legal rights, obligations, and authority of the agencies and individuals involved. They must specifically recognize and reconcile police officers’ constitutional rights against their rights and obligations resulting from the employer relationship.

Confusion and even conflict can occur among individuals and agencies based upon their different interests, duties, perspectives, authority, training, and resources. Unless resolved in advance, questions such as who conducts the investigation, what type of investigation should be performed, and who can be present when an officer is interviewed can delay and compromise investigations. Because those demands and complications exist, this protocol was developed by the Uintah County, Daggett County, and Duchesne County Law Enforcement Administrators and Directors to serve as the model or guideline for the investigation of officer involved critical incidents in Uintah, Duchesne, and Daggett Counties. The goal of the protocol is to help assure that such cases are thoroughly and fairly investigated.

While this protocol represents the understanding and agreement among member agencies about how such cases are to be investigated, it is anticipated that individual agencies will make minor modifications, not affecting interdepartmental provisions, to meet agency requirements and Utah State Code Annotated.

This protocol, which complies with Utah State Statute 76-2-408, is designed to address criminal liability on the part of the officer or employee. Additional portions of this protocol refer to the investigation of major incidents and/or conflict investigations.