AB 1506 and Independent Investigations: What California DOJ is Required to Do After Qualified Officer-Involved Shootings
California’s AB 1506 overhauled how fatal officer-involved shootings are investigated in the state. Rather than leaving investigations up to local prosecutors, which led to dramatically different levels of review throughout the state, this law put in place a requirement for the California Department of Justice to investigate independent investigations in certain cases. This type of consistent investigation can be helpful for officer-involved shooting attorneys seeking justice for their clients.
If you or someone you love has been injured in an officer-involved shooting, you likely already know how hard it is to get fair treatment. The public makes its judgment before all of the information comes out, and victims are often treated as perpetrators. That’s why attorney Dale K. Galipo has spent decades fighting for victims of police mistreatment. As an officer-involved shooting lawyer in California, he advocates for those whose lives have been forever changed by an officer’s choice to shoot. Call us at 818-347-3333 to learn more about how our officer-involved shooting law firm can help you.
What is a “Qualified” Officer-Involved Shooting?
AB 1506 has a very specific and narrow application, which leads some people to think that the California DOJ investigates all officer-involved shootings in the state. However, this law is only triggered when a police officer fires a weapon and the shooting results in the death of a civilian.
If the shooting victim does not die, it is not an AB 1506 shooting. Additionally, a shooting is only considered “officer-involved” when an officer is on duty or if an off-duty officer is acting under color of authority. An officer is acting under color of authority if they are doing something that is only made possible because they are clothed with the authority of law.
Mandatory Role of the DOJ After a Qualified Shooting
When a shooting occurs, and AB 1506 applies, the California Department of Justice assumes responsibility for the investigation that follows. The involved law enforcement department does not control whether or not an investigation occurs, determine if someone is charged, or issue final conclusions. The DOJ has the independent authority to make these decisions.
However, note that the DOJ operating independently isn’t the same as them acting in isolation. They may coordinate with law enforcement agencies for access to evidence and other aspects of their investigation.
What Their Investigation Must Include
An Incident Investigative Team is assigned to each officer-involved fatal shooting. They focus on:
- Stabilizing and securing the scene of the shooting
- Collecting and uploading body-cam footage
- Securing photographs of the scene
- Interviewing involved officers and witnesses
- Analyzing other evidence as available, such as physical items from the scene, footage from other cameras, and DNA evidence
After the investigation is complete, the DOJ must determine whether or not to pursue criminal charges. If they do not believe criminal prosecution is appropriate, they must release a public report including a statement of facts based on the investigation, an analysis of those facts, and an explanation of why it was determined not to pursue criminal charges. If relevant, the report may also include recommended policy and practice changes.
How AB 1506 Interacts With Local Agency Investigations
Even when the DOJ conducts its investigation, local agencies may still conduct their own internal investigations and when a shooting occurs, law enforcement agencies typically do conduct their own investigation to figure out what happened and whether or not the officer acted appropriately. However, these internal reviews are separate from the DOJ’s investigation, and their findings do not affect the DOJ’s investigation. The evidence from internal investigations may, however, be useful to officer-involved shooting attorneys acting on behalf of the deceased’s family.
What AB 1506 Does and Does Not Decide
It’s important to note the limits of AB 1506 and where families may need to take additional steps to seek closure. AB 1506 authorizes the DOJ to determine whether or not to file charges. It doesn’t mean that the DOJ makes the final call regarding whether force was appropriate, justified, or lawful. It does not decide wrongful death claims or civil liability. Surviving family members need to turn to an officer-involved shooting lawyer for help with that. The DOJ also does not decide how or if the department disciplines the officer involved.
Choose Our Officer-Involved Shooting Law Firm in California for Help With Your Claim
If you’ve lost a loved one to a fatal officer-involved shooting, we’re here to help you decide your next steps. Call the Law Offices of Dale K. Galipo at 818-347-3333 or contact us online to discuss your case with our team now.
