Any person who witnesses or has knowledge of someone who has witnessed an officer involved shooting should immediately call 9-1-1 and report that information to the Police Department.

The officer is generally placed on a minimum four-day administrative leave according to Department policy.

Whenever a police officer is involved in a fatality or shooting incident in the City of San Jose, the San Jose Police Department’s Homicide/Crime Scene Unit is assigned primary responsibility for the investigation of the incident. The investigation follows the “Officer-Involved Incident Guidelines” developed by the Santa Clara County District Attorney’s Office and approved by the Santa Clara County Police Chiefs’ Association.

For details about the role of the Independent Police Auditor following an officer-involved shooting please visit their website at https://www.sanjoseca.gov/your-government/appointees/independent-police-auditor.

The San Jose Police Department’s Post-Officer Involved Incident review procedure was established by the San Jose Police Department to review all officer-involved incidents resulting in injury or death, for the purpose of reviewing Department policy and procedures, training and tactics, officer safety, equipment and communication.

For more information about the San Jose Police Department’s Post-Incident Review Procedure For Officer-Involved Incidents, I.E. (Shooting Review Panel), review the memo adding section L2646 to the SJPD Duty Manual*.

The Homicide Unit Commander/Detective is designated as the Department liaison to members of a family who are involved in an officer-involved shooting.

The Santa Clara County District Attorney's office publishes reports detailing the investigation into each officer involved incident that occurs within the county.  These reports can be found here.

The District Attorney’s Office has the responsibility of reviewing each officer-involved shooting incident where there is a use of force which results in great bodily injury or fatality to ensure the case is being handled objectively and according to established protocol. Investigators for the District Attorney’s Office respond directly to the scene of the incident. They are able to review the crime scene and are briefed as to the status of the investigation by on-scene personnel. After a thorough review of the scene, they respond to the Police Department where they are able to monitor all aspects of the investigation.

As soon as practical after each incident, the District Attorney’s Investigators will report their findings regarding the status and conduct of the investigation to the District Attorney’s Office. The District Attorney’s Office has the right to initiate a separate and independent investigation into each incident should they so decide.

When the primary investigative team has compiled their reports they will present their case to the District Attorney’s Office to determine if an officer’s actions were legally justified. If the District Attorney’s Office determines the officer acted legally, they will then complete a detailed report describing the underlying facts, the applicable law, and the decision as to why the officer’s actions were, or were not, legally justified. If the District Attorney’s Office determines criminal liability on the part of the officer, the case will proceed through the criminal complaint process.

On an as-requested basis, the Independent Police Auditor sponsors public forums attended by representatives of the IPA’s office and the Police Department. Members of the public wishing to request a public forum should contact the IPA’s office at (408) 794-6226 or visit the IPA’s website at https://www.sanjoseca.gov/your-government/appointees/independent-police-auditor.