PROTOCOL FOR THE
REPORTING AND INVESTIGATION
OF THE USE OF DEADLY FORCE
Authority. The Attorney General has exclusive jurisdiction for the direction and control of any
criminal investigation of a law enforcement officer who, while acting in the performance of that
officer’s duties, uses deadly force.1 Such use of deadly force will be the subject of an
investigation or review by the Office of the Attorney General for the purpose of determining
whether self-defense or defense of others, as defined in the Maine Criminal Code, is reasonably
generated on the facts. Investigators from the Office of the Attorney General will conduct or
supervise the investigation, with the assistance of the State Police or other agencies as
circumstances may require.
Definitions. For purposes of this protocol, “deadly force” has the same meaning as in Title 17A, section 2, subsection 8 of the Maine Revised Statutes Annotated. That subsection reads:
8. "Deadly force" means physical force that a person uses with the intent of causing, or that
a person knows to create a substantial risk of causing, death or serious bodily injury2. Except as
provided in section 101, subsection 53, intentionally, knowingly or recklessly discharging a
firearm in the direction of another person or at a moving vehicle constitutes deadly force.
1

5 M.R.S.A. § 200-A

2

As used in subsection 8, “serious bodily injury” means a bodily injury – i.e. physical pain, physical illness or any
impairment of physical condition – which creates a substantial risk of death or which causes serious, permanent
disfigurement or loss or substantial impairment of the function of any bodily member or organ, or extended
convalescence necessary for receiving of physical health. 17-A M.R.S.A. § 2 (5) and (23).
3

For purposes of this chapter, use by a law enforcement officer, a corrections officer or a corrections supervisor of
the following is use of nondeadly force:
A. Chemical mace or any similar substance composed of a mixture of gas and chemicals that has or is
designed to have a disabling effect upon human beings; or
B. A less-than-lethal munition that has or is designed to have a disabling effect upon human beings. For
purposes of this paragraph, "less-than-lethal munition" means a low-kinetic energy projectile designed to be
discharged from a firearm that is approved by the Board of Trustees of the Maine Criminal Justice
Academy.

09.15.2013

 For purposes of ihis pioiocol, "serious bodily injury'~ has ihe same meaning as in Title 17A
section 2, subsection 23 of the Maine Revised Statutes Annotated. That subsection reads:

23. "Serious bodily injury" means a bodily injury which creates a substantial risk of death
or which causes serious permanent disfigurement or loss or substantial impairment of the
function of any bodily member or organ, or extended convalescence necessary for recovery of
physical health.

Requirement. A law enforcement agency whose officer uses deadly force while acting in the
performance ot'that officer's duties shall make notificaiion ofthe event, as soon as practicable, to
the Office of the Attorney General. In order that the Office of the Attorney General may properly
carry out its investigative responsibility the following circumstances in which physical force is
used requires reporting to the Office of the Attorney General by the agency whose officer uses
such physical force while aciing in the performance ot'thai officer's duiies

l. The use of physical force that in fact causes death or serious bodily injury.

2. The use of physical force under circumstances that in fact create a substantial risk of
causing death or serious bodily injury, whether or not death or injury actually results.

3. The use of physical force when ii is the officer's intent Io cause deaih or serious
bodily injury whether or not death or injury actually results.

4. The discharge of a firearm in the general direction of another person or at a moving
vehicle whether or not the projec ile hits the person or vehicle. (It is Lot necessary to
report the discharge of a firearm if the discharge is that of a munition.
it is not necessary to report the pointing of a firearm 7 even loaded and cocked at
another person.)

5. Ramming an occupied vehicle.

5. A roadblock set up to terminate a vehicular pursuit when the roadblock in fact creates
a substantial risk of causing death or serious bodily injury to the occupants of the
fleeing vehicle or other persons and that results in death or serious bodily injury.

Procedure for reporting. in any of the six mandatory reporiing circumstances identified above,
the incident must be reported as soon as practicable by the officer's agency to the 0er of the
Attorney General.

 

 

Contact Attorney General Inveiti gations

Brian MacMaster 7 Office 626-8520 7--

 

 

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Preservation of the scene and witnesses. The scene shall be preserved and cordoned, and
involved officers separated by available law enforcement officials until the arrival of an
investigator from the Office of the Attorney General or a designee whose responsibility is to
coordinate the investigation and/or to process the scene. The scene shall not be disturbed. In the
case of a death, the body of the deceased shall not be moved or disturbed in any way until
authorized by the Attorney General’s Office or the Office of the Chief Medical Examiner, unless
the body is in immediate danger of destruction or further damage. Evidence technicians of the
State Police or other agencies or other personnel designated and dispatched under the authority of
the Attorney General for the purpose of processing the scene shall be granted access to the scene.
Interviews of officers. During the course of the Attorney General’s investigation, no member or
representative of an involved law enforcement officer’s agency may be present during interviews
of the officer, unless previously authorized by the Director of Investigations or the director’s
designee. A member or representative or agent of an involved law enforcement officer’s agency
may not issue any order or instruction of any type concerning whether the officer should or
should not speak with an investigator from the Office of the Attorney General.4
Public Statements. Press statements or other public comments regarding a determination of an
involved officer’s legal justification or criminal culpability may not be made or given except by
the Office of the Attorney General. Press contacts or statements or other public comments in
other regards, particularly as they involve the facts of a particular event, may not be made or
given without prior authorization and coordination with the Director of Investigations or the
director’s designee. Release of the name of an involved officer will, when at all possible, be
postponed until the officer and the head of the officer’s employing agency are notified that the
information will be released.5 As in any case, the name of a decedent will not be released until
the family or next of kin has been notified.
The following guidelines are provided for cases involving the investigation by the Office of the
Attorney General of the use of deadly force by a law enforcement officer in the performance of
that officer’s duties, and are intended to govern the release of information to the news media or
the public during the pendency of the investigation. The general practice of the Office of the
Attorney General is to not comment on details of a pending investigation. While that practice
should remain in effect for purposes of deadly force investigations, these further guidelines are
offered as examples of the type of information that may and may not be released during the
pendency of the investigation.
Examples of information that may be released:

4

This section is necessary in order to maintain the appropriate legal distinction between the Attorney General’s
criminal investigation and an administrative or internal affairs investigation by the employing agency.
5

The name of the subject officer in matters involving the use of deadly force is a matter of public information.
5 M.R.S.A. § 7070-A, 30-A M.R.S.A. § 503(1-A) and § 2702(1-A).

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1.

The fact that an incident involving the use of deadly force occurred
and, pursuant to statutory requirements, is being investigated by the
Office of the Attorney General.

2.

The fact that the investigation is focused upon a determination of
whether deadly force was in fact used and whether self-defense or
defense of others is reasonably generated on the facts.

3.

Whether person(s) were injured or killed as a result of the use of
deadly force.

4.

The identity of person(s) injured or killed (provided that next of
kin has been notified) to include name, age, residence, occupation,
and family status.

5.

The time and place of the incident under investigation.

6.

The identity of an involved law enforcement officer (provided that
the agency head and the officer have been given prior notification)
to include name, age, and agency affiliation.

7.

A brief description of the circumstances of the particular incident,
e.g., the nature of a call for service being answered by police, an
arrest, a vehicle stop, etc.

Examples of information that may not be released:
1.

The details of investigative procedures or speculation upon any
matters, legal or otherwise.

2.

The character or reputation of any person(s) involved in the
incident.

3.

The existence or contents of any statement given by any persons
involved in the incident, or the failure of any persons to provide
statements.

4.

The identity of witnesses.

Dated: September 15, 2013

s/Janet T. Mills_________
JANET T. MILLS
Attorney General