ACLU wants mandatory reports when police point weapons
May 23, 2012 - 4:38 pm
Las Vegas police should require its officers to file a report every time they point a gun at someone, the American Civil Liberties Union concluded in a study of how the agency reports and investigates uses of force.
The report, the second by the organization looking into Las Vegas police procedures, culled policies and best practices from a variety of police departments, the U.S. Department of Justice and other groups.
In the Justice Department's recent review of the Seattle Police Department, they determined that reporting "the active pointing of firearms" is a "best practice," according to the ACLU.
Las Vegas police said they received the ACLU's report but haven't had a chance to study the recommendations yet.
"I look forward to reviewing them," said Capt. Kirk Primas, who is overseeing a team tasked with overhauling department policies and training.
In addition to greater reporting, the ACLU recommended a significant change to how the department investigates its shootings.
The investigations have two key components: a team of homicide detectives that investigates whether the officer or suspect violated the law and a team of internal investigators that determine whether the officer violated department policy or whether policies need to change.
Currently, the internal investigators wait for the homicide team to finish their investigation before interviewing officers and witnesses.
The ACLU recommends that both investigations begin immediately
"Immediate concurrent investigations are beneficial because the facts of a case are fresh, it reduces the likelihood of evidence or witness contamination, and it prevents unnecessary delay of case resolutions," the ACLU wrote.
Among the other recommendations:
■ Investigators should interview officers involved in shootings before those officers end their shift. Las Vegas policy is to wait at least 48 hours before interviewing them.
■ Detectives should videotape every interview with officers.
■ The agency should change its policies to encourage more reporting by officers on use-of-force incidents. For example, if an officer tackles someone but the person doesn't complain of an injury and there aren't visible marks on the person, current Las Vegas policy is to not log the incident as a use of force.
When an officer uses force, such as deploying a Taser or using a baton, the officer is required to submit a use-of-force report that is scrutinized by their supervisor. If an officer has too many uses of force, they can be subject to discipline.
Las Vegas police have come under scrutiny after a record 12 fatal shootings last year and a Review-Journal investigation into the subject. The Justice Department has contracted with a nonprofit to analyze the department's policies and procedures, and its report will be released by August.
In March the ACLU issued a series of recommendations on when officers are allowed to use force. Las Vegas police found the recommendations helpful and said they had already implemented some .
Primas said his team is also recommending to the sheriff a series of policy changes that could be announced to the public by early July.
Contact reporter Lawrence Mower at lmower
@reviewjournal.com or 702-383-0440.
Click to see the memo from the ACLU to the Las Vegas Metropolitan Police Department with proposed revisions to the "Post Use of Force Procedures." (130k)