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Label:
Administrative rules adopted by bureaus pursuant to rule making authority (ARB)
Policy category
Policy number
PPB-0631.10
0631.10, Death Investigations
Refer:
• ORS Chapter 146: Investigations of Deaths, Injuries, and Missing Persons
• ORS 146.003, Definitions for ORS 146.003 to 146.189 and 146.710 to 146.992
• ORS 146.090 Deaths Requiring Investigations
• ORS 146.095 Investigation
• ORS 146.100 Where Death Considered to Have Occurred
• DIR 0640.10, Crime Scene Procedures
• DIR 0640.60, Dying Declaration – Homicide
• DIR 0900.00, General Reporting Guidelines
• DIR 1010.10, Deadly Force and In-Custody Death Reporting and Investigation Procedures
• Unattended Death Response Protocol: Memorandum of Understanding Between the Portland Police Bureau, Fire Bureau, Bureau of Emergency Communications (BOEC) and the Multnomah County Medical Examiner's Office
Definitions:
• Medical Examiner (ME): A physician appointed to investigate and certify the cause and manner of deaths requiring investigation. For this directive, ME includes ME appointed staff such as a "medical-legal death investigator" as defined in state law.
• Trauma Intervention Program Northwest (TIPNW): A volunteer service available to respond to the scene of a death to provide emotional and practical support to family and friends of the decedent.
Policy:
1. This directive establishes procedures for death investigations and aims to broadly frame such investigations and explain Bureau members' roles and responsibilities.
2. Members may encounter deceased persons in a wide range of circumstances including natural causes, accidents, suicides, homicides, legal interventions, and undetermined manners of death. Members also witness death at different stages, such as rendering aid to an injured person who dies or locating a person who has been deceased for a long period. Accordingly, members must be prepared to evaluate and respond to a variety of situations involving death.
3. The Bureau and its members play an important role in death investigations, particularly if the death is crime related. However, under Oregon law, the district Medical Examiner (ME) and the district attorney (DA) are responsible for investigating all deaths requiring investigation. Given the involvement of different entities (e.g., medical providers, ME, DA, firefighters, police, dispatch, etc.) in death investigations, coordination and collaboration are critical. While the ME has authority over the decedent's body, the Bureau is responsible for the death investigation crime scene.
4. Although only a minority of death investigations result in crime scenes, members must approach the scene of a death as a potential crime scene, evaluate circumstances with a supervisor, and determine appropriate steps. This directive applies to all death investigations and aims to guide members in evaluation but is not comprehensive regarding crime scenes. For additional guidance related to crime scenes, refer to Directive 0640.10, Crime Scene Procedures. For guidance related to deadly force and in-custody death, refer to Directive 1010.10, Deadly Force and In-Custody Death Reporting and Investigation Procedures.
Procedure:
1. Required Death Investigations.
1.1. Oregon law requires the ME to investigate and certify the cause and manner of all human deaths:
1.1.1. Apparently homicidal, suicidal or occurring under suspicious or unknown circumstances;
1.1.2. Resulting from the unlawful use of controlled substances or the use or abuse of chemicals or toxic agents;
1.1.3. Occurring while incarcerated in any jail, correction facility or in police custody;
1.1.4. Apparently accidental or following an injury;
1.1.5. By disease, injury or toxic agent during or arising from employment;
1.1.6. While not under the care of a physician during the period immediately previous to death;
1.1.7. Related to disease which might constitute a threat to the public health; or
1.1.8. In which a human body apparently has been disposed of in an offensive manner.
2. Bureau Response.
2.1. Bureau members shall respond to all death investigation calls that BOEC dispatches to Portland Police.
2.1.1. All death investigation calls require an initial response of at least a two-Bureau members. Members may cancel cover after responding to and evaluating the scene.
2.2. If the ME indicates that they will not respond to the scene, then the responding member shall document that in their report. The member can conclude their death investigation and leave the scene once they:
2.2.1. Confirm that an ME-approved responsible party is en route or present;
2.2.2. Secure the scene, if needed; and
2.2.3. Photograph the scene using a Bureau-issued device (i.e., capture still images with a camera or smart phone; body-worn camera footage is not sufficient).
2.3. Hospice Care.
2.3.1. If the responding member confirms that the decedent was under hospice care, the member shall document that in their report and can conclude their investigation, as hospice patients are under the care of a physician.
2.3.1.1. Reports shall include the name of the physician and the medical condition for which the decedent was under hospice care.
2.3.2. Members should follow the decedent's hospice document directions, and consult a supervisor if necessary, to facilitate collection of the decedent's body to the appropriate responsible party.
2.4. For death investigation calls located in waterways within the City, the Multnomah County Sheriff's Office (MCSO) is responsible for the initial police response and investigation.
2.4.1. MCSO may request assistance with the initial response and investigation from the Bureau.
2.4.2. Investigative responsibility or jurisdiction may change as facts evolve (e.g., crime leading to death occurred on land in City jurisdiction).
2.5. Members should be aware that calls may begin as a different call type and later become a death investigation. Examples include, but are not limited to: shots fired, welfare check, missing person, assault with injuries likely to result in death, and suspected human remains (i.e. bones).
2.5.1. Members who locate suspected human remains shall contact the ME's office for consultation.
3. Member Responsibilities.
3.1. Members shall:
3.1.1. Note the position and description of the body in relation to the surroundings, the presence or absence of any weapons, and weather, lighting, and air temperature conditions.
3.1.2. Secure the scene and control access to the location, including any relevant evidence.
3.1.2.1. This may include securing and collecting firearms or illicit substances at ME request.
3.1.2.2. This may include screening the decedent's body from public view, if appropriate.
3.1.2.2.1. If screening, members should photograph the scene before introducing new objects to the area, and should use barriers that solely block visibility and do not physically contact the decedent's body.
3.1.3. Consult with a supervisor regarding apparent circumstances of death.
3.1.4. Immediately inform a supervisor regarding deaths that reasonably appear to be:
3.1.4.1. Homicides or under suspicious circumstances;
3.1.4.2. Traffic fatalities; or
3.1.4.3. Fatal overdoses.
3.1.5. Photograph the scene using a Bureau-issued device, before entering the scene, and if applicable, after altering the scene (i.e., capture still images with a camera or smart phone; body-worn camera footage is not sufficient).
3.1.6. Not touch, move, or otherwise interfere with the body of the decedent, except to render medical aid, preserve evidence, screen the decedent's body from public view, or at the express direction of the ME.
3.1.7. Notify the ME of the death as soon as practical, if not already notified, with supervisor approval.
3.1.8. Attempt to identify all persons at the scene.
3.1.9. Attempt to identify the decedent (without touching the decedent's body), if not already identified and the death appears to be of natural causes.
3.1.10. Gather relevant information to share with the ME, such as:
3.1.10.1. Medical history, medical provider, and medications observed.
3.1.10.2. Next of kin contact information.
3.1.10.3. Last person who had contact with the decedent while alive and the date, time, and circumstances of that contact.
3.1.11. Attempt to assist the ME with any reasonable request and remain on scene until released by ME.
3.1.12. Offer Trauma Intervention Program Northwest (TIPNW) services, as appropriate, to any friends, family, or other impacted persons.
3.1.13. Write a "Death Investigation Report" before the end of their shift, in accordance with Directive 0900.00, General Reporting Guidelines, unless a specialty unit responds and assumes responsibility for the investigation.
4. Supervisor Responsibilities.
4.1. Supervisors shall:
4.1.1. Monitor the radio and Computer Aided Dispatch (CAD) for death investigation calls and acknowledge via radio when they have reviewed a call.
4.1.2. Consult with the responding members at death investigation calls.
4.1.3. Respond to the scene of suspicious death investigation calls.
4.1.4. Evaluate the scene and information received from members and approve ME notification, as appropriate.
4.1.5. Identify deaths that reasonably appear to be (1) homicides or under suspicious circumstances, (2) traffic fatalities, or (3) fatal overdoses, and notify the appropriate unit, as needed, by contacting the on-call Sergeant for the Homicide Unit, Major Crash Team, or Narcotics and Organized Crime Unit (NOC).
4.1.6. Ensure members complete a Death Investigation report, and not approve holdovers for Death Investigation reports, in accordance with Directive 0900.00, General Reporting Guidelines, unless a specialty unit responds and assumes responsibility for the investigation.
5. Bureau Investigation Assignment and Investigator Responsibilities.
5.1. The Homicide Unit is responsible for all criminal investigations of homicides, in-custody deaths, and suspicious deaths.
5.2. The NOC Unit is responsible for all criminal investigations of fatal overdoses.
5.3. The Major Crash Team is responsible for all criminal investigations of traffic fatalities.
5.4. The Forensic Evidence Division may respond to document the scene of a death at the request of a member or ME.
6. Death Notifications.
6.1. Under Oregon law, the ME is responsible for notifying a decedent's next of kin.
6.2. Bureau members may assist the ME or outside agencies with delivering in-person death notifications if provided with sufficient information.
6.3. Resources available for delivering death notifications include services such as: Language Line and interpreters, chaplains, and Crisis Response Team (CRT) or TIPNW volunteers.
6.4. Requests from family members to view the decedent's body require ME approval.
6.5. Members should not disclose details regarding the condition of the decedent's body and should direct questions to the ME or appropriate investigative agency.