By Todd Duncan, Law Enforcement and Safety Specialist
A law enforcement officer-involved critical incident (herein referred to as critical incident) typically refers to any event in which a person is seriously injured or killed as a result of an officer’s use of force. These events are highly scrutinized by the public due to their legal, ethical, and social implications. Understanding the different aspects and protocols surrounding such incidents is essential for law enforcement agencies, officers, and the public alike.
Phases of Initial Response
The immediate response to a critical incident should follow structured protocols aimed at preserving life, securing the scene, and ensuring evidence integrity. The first priority is medical aid for all involved, including officers and suspects. Simultaneously, the scene must be secured to prevent contamination of evidence. Initial responding officers must preserve the integrity of physical evidence, restrict access, identify witnesses, and maintain a scene log. Supervisory personnel typically assume initial command, activating investigative and command protocols. Notifications to internal command staff, criminal investigators, and the county attorney are essential early steps. It is also important and generally required under the county’s coverage agreement that agencies notify NIRMA as soon as practicable following any officer-involved critical incident.
Internal and Criminal Investigations
Critical incidents require two distinct investigative tracks: administrative (internal) and criminal. The criminal investigation, often conducted by an independent agency or specialized unit, focuses on whether the officer’s actions constitute a violation of the law. This is intended to ensure objectivity and maintain public trust. Parallel to this, the internal investigation assesses whether agency policies and procedures were followed and determines the officer’s fitness for continued duty. These investigations may proceed concurrently but must be carefully managed to avoid cross-contamination of evidence or undue influence.
Officer Interviews
Officer interviews are central to both investigations but must be handled with procedural fairness and legal caution. Officers are typically given a short period—often 24 to 72 hours—before providing a formal statement. This time allows for emotional decompression and consultation with legal counsel, which can improve the accuracy and completeness of the account. Statements given in the administrative investigation (typically under Garrity protections) are compelled and therefore cannot be used against the officer in criminal proceedings, as doing so would violate the officer’s constitutional protection against self-incrimination.
Legal Representation
Due to the potential for criminal prosecution and career consequences, legal representation may be warranted. Officers involved in critical incidents should consider retaining qualified legal counsel immediately. Legal counsel can help to ensure the officer’s rights are protected, guide them through interviews, and advise on media interaction and agency procedures. In many jurisdictions, unions or fraternal organizations provide legal support in these high-risk scenarios. The question is often asked, “does NIRMA provide legal support to officers following an officer-involved shooting?” The answer is, NIRMA members’ coverage for the cost of legal services typically does not come into play unless and until a claim or lawsuit is filed. Often, a tort claim or lawsuit does not arrive until months or even years after a critical incident. NIRMA member sheriffs may contact their County Attorney and/or NIRMA Legal Link for preliminary collaboration on legal risk mitigation-related questions following a critical incident, but it is important that individual officers have plans for how they can obtain the legal representation they may require immediately following a critical incident in which they are directly involved.
Policy and Training Considerations
As with all high-risk critical tasks in law enforcement, sound policies and regular training are essential to effectively responding to critical incidents. A comprehensive model critical incident policy is available through NIRMA. It is equally important that officers, particularly supervisors, receive initial and ongoing training on critical incident response. Training should include, at a minimum, the issues covered in this article.
Conclusion
Critical incidents require a professional, transparent, and fair approach. A structured initial response, thorough and impartial investigations, proper handling of officer interviews, and legal advocacy all serve to protect the rights of individuals while maintaining the integrity and accountability of law enforcement agencies.
Additional Resources
- NIRMA Model Critical Incident Policy
- IACP Resource Guide, Investigation of Officer Involved Shootings and other Serious Incidents
- LLRMI Article, I Just Got In A Shooting, What Happens Next?
- State of Nebraska Critical Incident Stress Management (CISM) Program
