What happens after a Raleigh police officer shoots someone? Answers to your questions
A man was shot and killed Saturday by Raleigh police officers outside a police station in Southeast Raleigh.
Police said the man, whose identity had not been released as of Sunday afternoon, was seen throwing “multiple” Molotov cocktails at vehicles in the parking lot near the police district station, The News & Observer previously reported.
It’s the second fatal shooting by Raleigh police officers this year. And there have been six total shootings by law enforcement across the Triangle this year.
The Raleigh Police Department’s procedure for police shootings was updated less than a year ago and outlines what is supposed to happen after a police officer shoots someone.
Who investigates the shooting?
When a Raleigh police officer shoots someone, two separate investigations begin. The State Bureau of Investigation (SBI) begins a criminal investigation and the police department’s Internal Affairs Unit (IAU) begins an administrative investigation.
And while not an investigation, the city manager will receive a written report about the shooting from the police chief, and police attorneys, within five days.
What does the SBI do?
“The SBI’s objective in an in-custody death case or a police shooting is to obtain all of the facts in order that the District Attorney can make a determination of criminal liability, if any, on the part of a law enforcement officer,” according to the city’s policy.
SBI agents are the ones who will obtain search warrants and request an autopsy. Once the SBI’s investigation is complete, the investigative report is given to the Wake County District Attorney’s Office.
What about Internal Affairs?
Once the SBI investigation is complete, the administrative investigation is presented to the “Major of the Office of Professional Standards for findings and recommendations.”
Investigations are meant to be completed within 60 days, but may be extended.
Information related to the Internal Affairs investigation is confidential, according to police policy.
What happens to the officers involved?
According to the policy, the officers are not supposed to remove or collect any items like their weapons, vehicles or radios unless a safety concern is present. If an item is moved it should be documented.
A supervisor is assigned to stay with the officers. Officers are told not to wash their hands in case a gunshot residue test is done. The officers are taken to the police headquarters.
A Raleigh Police Department supervisor may ask questions about the crime scene, description of suspects or types of weapons used by the suspects, but a “formal interview” is not allowed before the SBI interviews the officers. Officers are not required to speak to SBI agents and may have an attorney present for the SBI interview.
A member of the department’s Critical Incident Street Management team will be made available to each of the involved officers. The officers are also allowed to have a family member or spouse with them and a “peer-support person or friend” as “quickly as possible after the incident.”
Incident reports, use-of-force reports and a discharge-of-firearm report have to be completed by the involved officers.
Then the officers will be placed on administrative leave.
What happens to the gun?
The firearm is not supposed to be handled after the shooting unless there is a safety concern, according to police policy.
The City-County Bureau of Identification (CCBI) takes photos of the officer, firearm, magazines and gun belt. CCBI “will take custody of the firearm or any other weapon used in the incident after authorization” by Internal Affairs.
CCBI collects all evidence and works with the SBI.
Where can I find the police department’s policies?
The written police policies are on the city’s website, www.raleighnc.gov/safety/police-policies-and-procedures. The directive on what happens after a police officer shoots someone is available at https://tinyurl.com/5fn3wh54.
