What is the Independent Investigations Division?
The Independent Investigations Division was created by the Maryland General Assembly in 2021 as part of a large package of police accountability and reform bills. These bills included limitations on the use of no-knock warrants and increased transparency into police discipline records, among many other changes to Maryland law.The IID is a unit within the Maryland Office of the Attorney General. The IID is charged with investigating and prosecuting, where appropriate, all police-involved incidents that result in the death or injuries that are likely to result in the death of an individual in Maryland. The IID's mission is to provide impartial, comprehensive, and timely investigations into all officer-involved fatalities. In 2023, the Maryland General Assembly gave the IID the authority to prosecute, where appropriate, police officers for acts or omissions that resulted in the death or injuries that would likely result in the death of an individual. Back to Top
The Independent Investigations Division was created by the Maryland General Assembly in 2021 as part of a large package of police accountability and reform bills. These bills included limitations on the use of no-knock warrants and increased transparency into police discipline records, among many other changes to Maryland law.
The IID is a unit within the Maryland Office of the Attorney General. The IID is charged with investigating and prosecuting, where appropriate, all police-involved incidents that result in the death or injuries that are likely to result in the death of an individual in Maryland.
The IID's mission is to provide impartial, comprehensive, and timely investigations into all officer-involved fatalities. In 2023, the Maryland General Assembly gave the IID the authority to prosecute, where appropriate, police officers for acts or omissions that resulted in the death or injuries that would likely result in the death of an individual. Back to Top
What makes the IID independent?
The IID partners with personnel from the Maryland State Police to conduct its investigations, which allows the IID to use the state crime lab, state crash team, and other state resources, rather than having to rely on local agencies for such support.The IID is separate and apart from any local law enforcement agency or State's Attorney's Office. This is a shift from prior practices, in which local officers would often investigate other officers within their department and prosecutors who worked closely with the police were tasked with making charging decisions. The IID's independence allows for an impartial, thorough, and transparent investigation and prosecution that the public can trust. Back to Top
The IID partners with personnel from the Maryland State Police to conduct its investigations, which allows the IID to use the state crime lab, state crash team, and other state resources, rather than having to rely on local agencies for such support.
The IID is separate and apart from any local law enforcement agency or State's Attorney's Office. This is a shift from prior practices, in which local officers would often investigate other officers within their department and prosecutors who worked closely with the police were tasked with making charging decisions. The IID's independence allows for an impartial, thorough, and transparent investigation and prosecution that the public can trust. Back to Top
What types of incidents does the IID investigate?
The IID investigates incidents involving death or where an individual's injuries are likely to result in death from an interaction with law enforcement. This includes:officer-involved shootings;use-of-force incidents;deaths of people in police custody; andpolice pursuits or vehicle crashes.The IID also has the jurisdiction to investigate police officer's actions surrounding a fatal incident. This includes when an officer:fails to intervene while having a legal obligation to do so;approves or gives commands to another officer if there is reason to believe such approval or commands were a contributing factor to the death/injury; and/orengages in conduct that is later determined to have been a potential contributing factor to the death/injury. Back to Top
The IID investigates incidents involving death or where an individual's injuries are likely to result in death from an interaction with law enforcement. This includes:
The IID also has the jurisdiction to investigate police officer's actions surrounding a fatal incident. This includes when an officer:
How long does an IID investigation take?
There is no set timeframe to complete an investigation. While the IID strives to be transparent and provide timely information when allowed by law, investigations of this magnitude take time to be conducted properly. A typical investigation takes several months, although this timeframe is dependent on factors such as the willingness of witnesses to be interviewed, the examination and testing of physical evidence, and the completion of an autopsy. Back to Top
What happens after an IID investigation is complete?
At the conclusion of its investigation, if the Attorney General believes that sufficient admissible evidence exists to justify conviction by a reasonable and objective factfinder considering all the evidence of the potential offenses as well as the most plausible, reasonably foreseeable defenses, the IID will seek criminal charges.The IID may decline to seek criminal charges where the Attorney General believes criminal charges could not be proven beyond a reasonable doubt at trial or the officer's acts and/or omissions were legally justified.In any case where criminal charges are not brought, the IID will draft a report, which will include a summary of the factual findings of the matter and an analysis concerning the lawfulness of any subject officer's acts and/or omissions. This report will be publicly released, with appropriate redactions for confidentiality, within 30 days of the completion of the investigation or any related criminal prosecutions. Back to Top
At the conclusion of its investigation, if the Attorney General believes that sufficient admissible evidence exists to justify conviction by a reasonable and objective factfinder considering all the evidence of the potential offenses as well as the most plausible, reasonably foreseeable defenses, the IID will seek criminal charges.
The IID may decline to seek criminal charges where the Attorney General believes criminal charges could not be proven beyond a reasonable doubt at trial or the officer's acts and/or omissions were legally justified.
In any case where criminal charges are not brought, the IID will draft a report, which will include a summary of the factual findings of the matter and an analysis concerning the lawfulness of any subject officer's acts and/or omissions. This report will be publicly released, with appropriate redactions for confidentiality, within 30 days of the completion of the investigation or any related criminal prosecutions. Back to Top
Can the IID bring criminal charges?
For incidents occurring on or after October 1, 2023, the Maryland Legislature granted the IID the exclusive authority to prosecute police officers for acts or omissions that resulted in the death or likelihood of death of an individual. Back to Top
What information does the IID release prior to the charging decision?
Because the IID is committed to transparency and recognizes the value of relevant, timely information, it generally releases the name of the decedent and involved officer(s) within two business days of the incident, although that period may be extended if an officer is injured, if there is a specific reason to believe that an officer's safety is at risk, or to make proper notification to the decedent's family. Additionally, the IID will generally release body-worn camera footage and/or dashboard camera footage within 20 business days of an incident. There may be situations where more than 20 days is necessary, including if investigators need more time to complete witness interviews, if there are technical delays caused by the need to shield the identities of civilian witnesses, or to allow family members of the decedent to view the video before it is released to the public. There may also be situations where the IID releases video sooner than 20 days where there is a substantial public interest in doing so. Back to Top
Because the IID is committed to transparency and recognizes the value of relevant, timely information, it generally releases the name of the decedent and involved officer(s) within two business days of the incident, although that period may be extended if an officer is injured, if there is a specific reason to believe that an officer's safety is at risk, or to make proper notification to the decedent's family.
Additionally, the IID will generally release body-worn camera footage and/or dashboard camera footage within 20 business days of an incident. There may be situations where more than 20 days is necessary, including if investigators need more time to complete witness interviews, if there are technical delays caused by the need to shield the identities of civilian witnesses, or to allow family members of the decedent to view the video before it is released to the public. There may also be situations where the IID releases video sooner than 20 days where there is a substantial public interest in doing so.
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General and victim/witness inquiries: 410-576-7070, IID@oag.state.md.us
Media inquiries: press@oag.state.md.us
1-888-373-7888
233733
