5-301 - Force Guiding Principles

The use of force against any person is a significant action and must be recognized as such. Members must act within their authority and their limitations. Using force appropriately is critical in building community trust and legitimacy and enhances the ability of members to partner with the community to promote public safety and member safety. These use of force policies seek to:

• Recognize people’s humanity, dignity, and civil rights.
• Promote public safety.
• Promote member safety.
• Ensure that sworn members only engage in non-discriminatory uses of force.
• Reduce the circumstances in which using force is necessary.
• Ensure sworn members only use force that is consistent with law and policy, including the requirement that force must be objectively reasonable, necessary, and proportional.
• Facilitate compliance with the law.
• Ensure accountability when sworn members use force that is inconsistent with law or policy.
• Build public confidence that members are acting consistently with law enforcement objectives, community needs and values, and in the interest of public safety.

MPD’s force guiding principles are:
[A] Sanctity of life
[B] Duty to de-escalate
[C] Objectively reasonable, necessary, and proportional force
[D] Consider vulnerable populations
[E] Duty to intervene
[F] Promote trust, and show respect and dignity
[G] Avoid escalation and unnecessary risk
[H] Identify self and warn of intent
[I] Duty to provide medical treatment
[J] Prohibition on retaliation, punishment and coercion
[K] Duty to report misconduct
[L] Duty to report force
[M] Accountability
[N] Importance of member health and wellness

Sanctity of Life

MPD’s values are grounded in the foundational belief in the sanctity of life; the belief that all human life is inherently sacred, valuable and must be protected. The Department’s mission, vision, values, goals, policies, and rules are all built upon and are intended to reflect the Department’s belief in the sanctity of life (P&P 0-102).

MPD and its members shall uphold this belief by striving to:

• Protect and preserve human life in all situations.
• Keep the community and MPD members safe from harm.

Duty to De-escalate

Sworn members have a clear affirmative duty to de-escalate and use de-escalation techniques and tactics whenever feasible, to minimize the need to use force, resolve incidents without the use of force when possible, and to increase the likelihood of voluntary compliance with legitimate and lawful orders. Members' duty to de-escalate continues throughout the entire encounter. (P&P 7-802)

Objectively Reasonable, Necessary, and Proportional Force

Members shall only use force that is objectively reasonable, necessary, and proportional under the totality of the circumstances, consistent with public safety, in order to provide for the safety of a member or another person, stop an attack, make an arrest, bring a person or situation safely under control, or prevent escape, consistent with the following provisions:

Objectively reasonable

Objectively reasonable force means the degree and type of force a reasonable officer would consider rational and logical, based on the totality of the circumstances, to bring a person or situation safely under control (see the conditions and considerations below).

1. The decision by a member to use force shall be evaluated from the perspective of a reasonable officer in the same situation , based on the totality of the circumstances known to or perceived by the member at the time, rather than with the benefit of hindsight, and that the totality of the circumstances shall account for occasions when members may be forced to make quick judgments about using such force.
2. In measuring whether or not the use of force was reasonable and the actions of the member that led to the use of force were reasonable, the conduct of the member will be measured by the entire course of conduct preceding the use of force, and not be limited to whether or not force was authorized under law at the moment it was used.
3. Members shall consider the totality of circumstances in determining whether a use of force is objectively reasonable, including, but not limited to the following:

1. The severity of the crime or crimes at issue.
2. Whether the person poses an immediate threat to the safety of the member or others.
3. Whether the person is actively resisting arrest or attempting to evade arrest by fleeing.
4. The influence of drugs or alcohol on the person.
5. The mental or physical health conditions, behavioral health challenges, or disabilities of the person.
6. The ability of the person to understand or communicate, such as whether the person has visual or hearing impairments, language barriers, etc.
7. The age, size, and condition of the person.
8. The time available to the member to make a decision.
9. The person’s proximity or access to weapons.
10. The risk to bystanders or others from the use of force.
11. The location, time of day, and other physical circumstances.
12. Other rare emergency situations requiring swift action to prevent an imminent threat to life or an imminent threat of serious harm to another.

Necessary

Members shall use the lowest degree of force necessary in accordance with policy and law.

1. Force may be considered necessary when no reasonably effective alternative exists, meaning lower degrees of force or alternatives to force did not work, would not work, were not feasible or were too unsafe to attempt.

• In some circumstances, tactical disengagement without force or physical disengagement may be the reasonable course of action (see P&P 7-802 De-escalation).

• The decision to disengage must be consistent with the critical decision-making model (P&P 7-801).
• In crisis situations, members shall only tactically disengage in accordance with P&P 7-803, including the approval requirements in that policy.

2. Lower degrees of force are generally intended to and have a lower probability of causing injury or incapacitation based on the type of force used and manner in which it was used.
3. Members shall continually assess the necessity of the use of force (P&P 7-801). This includes:

• Considering whether alternatives may be employed. Alternatives may include coordination with a larger group of sworn members, crisis intervention resources, or the use of other resources or de-escalation techniques or tactics.
• Discontinuing or modulating force when the degree of force is no longer necessary.

Proportional

Members shall only use force that is proportional to the threat, actions, and subject behavior offered by a person. Proportionality measures whether the force used by the member is rationally related to the degree of resistance or aggression confronting the member.

Degree of threat

The greater the threat and the more likely that the threat will result in death or serious physical injury, the greater the degree of force that may be necessary to overcome it.

Modulate or discontinue force

When or if the person offers less resistance, members shall modulate or discontinue the degree or type of force accordingly.

People who are physically restrained

Basic control measures such as escort holds may be used with people who are handcuffed or otherwise physically restrained when objectively reasonable, necessary, and proportional to control the situation.

Higher degrees of force shall not be used against a person who is handcuffed or otherwise physically restrained, except in the rare circumstance that it would be objectively reasonable, necessary, and proportional, to prevent their escape, maintain control, or to prevent imminent physical harm to the person, the member, or another person. In these situations, only the degree of force necessary to control the situation shall be used. Force that may be considered proportional against an unrestrained person may not necessarily be proportional if the person is physically restrained.

Consider Vulnerable Populations

In accordance with P&P 7-802 De-escalation and P&P 7-809 Crisis Intervention, members shall consider the characteristics and conditions of vulnerable people when determining the lowest degree of force necessary, and shall calibrate their force practices accordingly. These considerations include the person’s vulnerability to injury, ability to cause harm, and ability to understand or comply with commands from members. Vulnerable people can include people who are:

• Minors.
• Elderly.
• Pregnant.
• People with mental or physical health conditions.
• People with behavioral health challenges.
• People with developmental or intellectual disabilities or conditions.
• People with vision or hearing impairments.
• People with limited English proficiency.

However, members’ assessment of the above factors shall not otherwise be impacted by a person’s protected class status (P&P 5-104).

Special decision-making considerations

As with all situations, members should implement the steps of the critical decision-making model (P&P 7-801) to inform their actions, and use de-escalation techniques and tactics whenever feasible (P&P 7-802). Members should consider which force options might be the most objectively reasonable, necessary, and proportional under the totality of the circumstances, and should also consider whether alternatives to force may be employed. Examples could include negotiation, commands, and additional resources.

Ability to understand or comply

Members shall consider whether a vulnerable person’s condition or barrier to communication is impacting their ability to understand or comply with commands.

Ability of a vulnerable person to cause physical harm and likelihood of injury to the vulnerable person

Before using force on someone who is a minor, obviously pregnant, elderly, or frail, or who has another apparent physical condition, mental health condition, or developmental or intellectual disability or condition, limiting their ability to cause physical harm or increasing their likelihood of sustaining an injury, members shall take into account the individualized factors of the person including:

• Apparent age.
• Body size.
• Strength relative to the member.
• Known or perceived disabilities or conditions.
• Apparent ability to cause physical harm.
• Other risks posed by the person.

Minors

In addition to the requirements in P&P 8-100, P&P 8-200 and P&P 8-300 regarding all interactions and encounters with minors, the following requirements apply to force considerations with minors:

De-escalation and minors

As with any encounter, members are expected to continually assess the situation, use de-escalation techniques and tactics, and seek peaceful resolutions during incidents involving minors.

1. When feasible, members shall employ developmentally appropriate and trauma-informed de-escalation and communication tactics with minors including, but not limited to:

• Using a calm and measured tone and neutral demeanor.
• Using simple and direct language.
• Avoiding threatening language.

2. Law enforcement presence may be intimidating and threatening to minors, therefore members should approach calmly and respectfully in a non-confrontational manner while avoiding physical contact, if possible, to diffuse tension and anxiety while maintaining safety. Members should avoid using threats and intimidation to gain compliance from minors.
3. Members may use repetition in a clear voice to reinforce instructions. When feasible, members shall allow time for the minor to comply with instructions.
4. Minors may not comply immediately, and members may need to try multiple times without resorting to force or the threat of force.
5. Members shall account for any fear-based reactions minors may experience during an encounter which may manifest as aggression, defensiveness, defiance, freezing, or fleeing.

Minors injured by use of force

1. If a minor is injured by a member’s use of force, members shall take immediate steps to provide medical attention ([II-I] and P&P 7-350).

2. Members shall notify the minor’s parent, guardian, or other responsible adult of the injury as soon as feasible.

Duty to Intervene

1. Members have an obligation to protect the public and other members, and a duty to intervene to stop other members from using prohibited force and from failing to use de-escalation techniques and tactics.
2. Regardless of tenure or rank, any sworn member who observes another member using any force that they reasonably believe amounts to any prohibited force (including any force that is not objectively reasonable, necessary, and proportional), must attempt to safely intervene by verbal and physical means, and if they do not do so may be subject to discipline of the same severity as if they themselves engaged in the prohibited force.

Promote Trust, and Show Respect and Dignity

1. Members shall act at all times in a manner that promotes trust between MPD and the communities it serves. Members shall exercise a high degree of ethics and professionalism, and respect for the humanity, civil rights, and dignity of all people, without discrimination or prejudice. A commitment to and demonstration of the force guiding principles are critical in building that trust.
   (see P&P 0-102, P&P 5-102, P&P 5-103 and P&P 5-104)

2. Members shall not allow race, gender, ethnicity, or any other protected class status to influence any decision to use force, including the degree or type of force used, as described in section [II-D] Consider Vulnerable Populations.

Avoid Escalation and Unnecessary Risk

1. In accordance with P&P 7-802, members shall not use tactics that unnecessarily escalate an encounter or create a need for force. Members shall use tactical positioning, other sound tactics and other available options during encounters to maximize the likelihood that they can safely control the situation.

2. In accordance with P&P 7-802, members shall not use words or actions that a reasonable officer would conclude are intended to incite or escalate reactive behavior. Prohibited conduct includes but is not limited to taunting people.
3. Members shall avoid unnecessarily displaying firearms and intermediate weapons. Members shall only display a weapon when there is an objectively reasonable belief that the situation may result in the authorized use of the weapon.

Identify Self and Warn of Intent

1. Prior to using force, members shall identify themselves as law enforcement officers, and clearly and precisely warn of their intent to use force unless the person submits to their authority, when it is feasible to do so.

1. Members shall allow a reasonable amount of time for a person to comply with a warning, when feasible to do so.
2. Members shall only issue warnings for force options that the member reasonably believes may be necessary in the situation.
3. This policy shall not be construed to authorize unnecessarily harsh language.

2. When making an arrest, members shall verbally announce the arrest to the person and inform the person of the warrant (if making an arrest under a warrant), when feasible, in accordance with arrest, search and seizure, and warrant-related policies and procedures (P&P 9-100, P&P 9-200 and P&P 9-300), MN Statutes sections 629.32 and 629.33, and consistent with training.

Duty to Provide Medical Treatment

In accordance with the sanctity of life, sworn members have a duty to provide appropriate medical treatment to those who need it (P&P 7-350). Any member who uses force shall, as soon as reasonably practical, determine if anyone displays a visible injury or signs of medical distress, has lost consciousness, has complained of injury or medical distress, or has requested medical attention, and shall render medical aid consistent with current training and request Emergency Medical Service (EMS) if necessary (in accordance with P&P 7-350). Some force options involve or require additional medical attention, as specified in the specific force option policies.

Prohibition on Retaliation, Punishment, and Coercion

Force, or the threat of force, shall not be used as a means of retaliation, punishment, or unlawful coercion, or deterring a person from engaging in lawful conduct. This includes, but is not limited to punishing or retaliating against a person for:

• Fleeing.
• Resisting arrest.
• Engaging in boisterous or insulting behavior.
• Assaulting a member.
• Engaging in a protest or demonstration.
• Photographing or filming a member (P&P 9-202).

Duty to Report Misconduct

All members shall recognize and act upon the duty to report, as soon as feasible, any member who uses prohibited force (including any force that is not objectively reasonable, necessary, and proportional), or who fails to use de-escalation techniques and tactics when feasible.
(see P&P 2-101)

Duty to Report Force

Authorized use of force requires careful attention to the facts and circumstances of each case. Members shall write a detailed, comprehensive report for each incident in which reportable force was used (in accordance with P&P 5-302). All reportable uses of force and all reportable observations of force shall be accurately and completely documented and reviewed pursuant to MPD’s policies (P&P 5-302 and P&P 5-303).

Accountability

1. Members will be held accountable for compliance with these policies and procedures (P&P 1-100).

2. Members who use force that is discriminatory, unreasonable, unnecessary, or disproportionate, or that violates laws or policies, should expect corrective action or discipline, up to and including termination, and may be subject to criminal or civil liability.

Importance of Member Health and Wellness

The MPD and its members shall recognize that member health and wellness is integral to members responding effectively and lawfully in all situations, especially high-stress situations. A healthy employee is better equipped to apply the critical decision-making model and to work toward outcomes that build community trust and uphold MPD’s guiding principles.
(see P&P 3-500)

Policy Standards are Stricter than Legal Standards

MPD policy sets forth stricter standards than required by the minimum legal standard. Members are expected to comply at all times with MPD policy. Just because force is legally justified does not automatically mean that using force or the degree of force is authorized by policy. For example, some specific types of force are limited to specific circumstances and force must comply with all applicable sections of policy including those related to de-escalation. See the prohibitions in P&P 5-304 and the specific restrictions in the force options policies.

Legal Authority to Use Force

When members use force, they shall comply with the United States Constitution, the MN Constitution, and other applicable laws.

Constitutional standards

The Fourth Amendment of the United States Constitution and Section 10 of the Minnesota Constitution’s Bill of Rights state:

“The right of the people to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures shall not be violated; and no warrant shall issue but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched and the person or things to be seized.”

Statutory authorization for use of force

MN Statute section 609.06 Subd. 1 states: “Except as otherwise provided in subdivisions 2 and 3, reasonable force may be used upon or toward the person of another without the other’s consent when the following circumstances exist or the actor reasonably believes them to exist:

When used by a public officer or one assisting a public officer under the public officer’s direction:

• In effecting a lawful arrest; or
• In the execution of legal process; or
• In enforcing an order of the court; or
• In executing any other duty imposed upon the public officer by law.”

Statutory authority to use force in making an arrest

If a member has informed a person that the member intends to arrest the person, and if the person then flees or forcibly resists arrest, the member may use all necessary and lawful means to make the arrest but shall not use deadly force unless authorized to do so under section 609.066 (MN Statute section 629.33). Such force shall also be consistent with all sections in P&P 5-300, including the requirement that force be objectively reasonable, necessary, and proportional, and the limitations on specific force options such as the limitation on using a conducted energy weapon (CEW) on a fleeing person (P&P 5-309). A member making an arrest may not subject the person arrested to any more restraint than is necessary for the arrest and detention (MN Statute section 629.32).

The right to be free from excessive force

Every person has a right to be free from excessive use of force (MN Statute section 609.066 Subd. 1a).

Authorized Use of Deadly Force

The authority to use deadly force is a critical responsibility that shall be exercised judiciously and with respect for human rights and dignity and for the sanctity of every human life, and shall always be the last resort.

Deadly force shall not be used against a person whose conduct is only a threat to property.

1. The use of deadly force by a peace officer in the line of duty is justified only if an objectively reasonable officer would believe, based on the totality of the circumstances known to the officer at the time and without the benefit of hindsight, that such force is necessary (MN Statute section 609.066 Subd. 2):

1. To protect the peace officer or another from death or great bodily harm, provided that the threat:

1. Can be articulated with specificity and
2. Is reasonably likely to occur absent action by the law enforcement officer and
3. Must be addressed through the use of deadly force without unreasonable delay.

or

2. To effect the arrest or capture, or prevent the escape, of a person, when both of the following apply:

1. The peace officer knows or has reasonable grounds to believe the person has committed or attempted to commit a felony and
2. The peace officer reasonably believes that the person will cause death or great bodily harm to another person under the threat criteria in clause [1-a], items [i] to [iii], unless immediately apprehended.

2. A peace officer shall not use deadly force against a person based on the danger the person poses to self if an objectively reasonable officer would believe, based on the totality of the circumstances known to the officer at the time and without the benefit of hindsight, that the person does not pose a threat of death or great bodily harm to the peace officer or to another under the threat criteria as detailed in this policy in clause [1-a], items [i] to [iii] (MN Statute section 609.066 Subd. 2).
3. Before using deadly force, members shall first consider all reasonably safe and feasible alternatives (MN Statute section 626.8452 Subd. 1a).

This means that members shall not use deadly force unless they have exhausted feasible de-escalation tactics and techniques, and intermediate weapons or empty hand techniques have been tried, have failed, or would be impractical or unsafe based on the totality of the circumstances.

Protecting Members Who Report or Intervene

In accordance with P&P 2-106, members shall not retaliate or threaten to retaliate against any member for fulfilling their Duty to Report Misconduct or their Duty to Intervene.

Training

1. All sworn members shall receive training, at least annually, on the MPD’s use of force policy and related legal updates (in accordance with P&P 2-500 and any policies related to specific tools or weapons).

2. In addition, training shall be provided on a regular and periodic basis and be designed to:

1. Instruct on the use and importance of de-escalation techniques and tactics.

2. Simulate actual use of force situations and conditions.
3. Enhance members’ exercise of discretion and judgement in using options other than deadly force, in accordance with this policy.

3. Before being authorized to carry a firearm all sworn members shall receive training and instruction on the proper use of deadly force and MPD’s policies and MN Statutes with regard to such force (in accordance with P&P 5-304, P&P 5-312, P&P 3-200 and P&P 5-400). Such training and instruction shall continue on at least an annual basis.
4. Members shall only carry weapons and force devices for which they are currently trained and authorized to use through the MPD Training Division (P&P 5-304). Before carrying an authorized weapon or force device, all members shall receive training and instruction in the use of the device including training as it relates to its use in deadly force and other than deadly force situations (in accordance with P&P 5-304). Such training and instruction shall continue on at least an annual basis.
5. The Chief of Police shall ensure that the MPD maintains records of the MPD’s compliance with use of force training requirements.

Transfer of Custody

Prior to transferring custody of a person that force was used upon, sworn members shall verbally notify the receiving agency or employee of the following:

• The type of force used.
• Any injuries or alleged injuries sustained.
• Any medical aid rendered.
• If EMS was called and if so, whether or not EMS made contact with the person, whether the person refused or accepted EMS, and whether or not the person was transported by EMS for further treatment.

State Requirement for Policy

The MPD must establish and enforce a written policy governing the use of force, including deadly force, in accordance with MN Statute section 626.8452.

This policy is to be reviewed annually.

Policy Application

This policy (P&P 5-301) applies to all licensed peace officers engaged in the discharge of official duties.

• Actively Resisting:

  The person’s actions are intended to prevent a member from placing the person in custody or taking control of the situation but are not directed at harming the member. A person’s reaction to pain caused by a member, and a person’s purely defensive reactions to force, do not constitute active resistance. Oral statements alone do not constitute active resistance.

  Examples include:

  • Walking or running away after being informed they are not free to leave, are detained, or are under arrest.
  • Forcefully resisting the member’s grip.
  • Holding onto a fixed object after being given a lawful command to move or let go, in a situation other than a protest or demonstration (P&P 7-805).
• Bodily Harm: Physical pain or injury, illness, or any impairment of physical condition.
• Carry Weapons and Force Devices: Having a weapon or force device on one's person. This includes having it in a pocket, holster, or backpack or similar container, as well as having it slung or having it in hand.
• CEW: An intermediate weapon ("Conducted Energy Weapon") that is designed to temporarily incapacitate a person from a distance, using an electrical current for neuromuscular incapacitation.
• Conducted Energy Weapon: An intermediate weapon ("CEW") that is designed to temporarily incapacitate a person from a distance, using an electrical current for neuromuscular incapacitation.
• Control or Escort Holds: Temporary holding of part of the person's body, such as the hand, wrist, arm or shoulder, to physically control or direct the person.
• Crisis: An event or situation where a person's safety and health may be threatened by behavioral health challenges, to include mental health conditions, intellectual or developmental disabilities, substance use, or overwhelming stressors. A crisis can involve a person's perception or experience of an event or situation as an intolerable difficulty that exceeds the person's current resources and coping mechanisms and may include unusual stress in their life that renders the person unable to function as they normally would.
• Crisis Intervention: An attempt by a member to use appropriate de-escalation techniques and tactics to manage the crisis situation, refer or divert the person to other services when appropriate, and ensure the safety of everyone involved.
• Critical Decision-Making Model: A tool that allows members to organize situational factors and inform their decisions as they respond to police incidents of all degrees of complexity. All sworn members are trained in using the critical decision-making model (CDM). (P&P 7-801)
• Deadly Force: "Force which the actor uses with the purpose of causing, or which the actor should reasonably know creates a substantial risk of causing death or great bodily harm. The intentional discharge of a firearm other than a firearm loaded with less-lethal munitions and used by a peace officer within the scope of official duties, in the direction of another person, or at a vehicle in which another person is believed to be, constitutes deadly force." (MN Statute section 609.066)
• De-escalation: Techniques and tactics to reduce the intensity of a situation. These strategies serve to increase the likelihood of voluntary compliance, minimize the need to use force, and uphold the sanctity of life by enabling members to resolve situations without the use of force or with the lowest degree of force necessary. (P&P 7-802)
• Demonstration: An assembly of people organized primarily to engage in First Amendment activity. They include, but are not limited to, marches, protests, and other assemblies intended to attract attention.
• Empty Hand Technique:

  Force that employs the member's own body as the mechanism of force (also called bodily force). Empty hand techniques do not include the use of an intermediate or improvised weapon. (P&P 5-306) Empty hand techniques include the following:

  1. Body Weight to Pin: Using body weight to pin a person to the ground or floor, or to a fixed object while the person is lying down.
  2. Control Pressure: Pressing a person into a fixed object, while the person is not lying down (such as applying pressure while the person is against a vehicle or building).
  3. Control or Escort Hold: Temporary holding of part of the person's body, such as the hand, wrist, arm or shoulder, to physically control or direct the person.
  4. Joint Manipulation: Forcefully controlling a person's joint to limit or direct movement. This also includes locks such as wristlocks, armbars, shoulder locks, joint locks, etc.
  5. Pressure Point Compliance: Directed touch pressure that is delivered to gain compliance and may result in brief transitory pain.
  6. Shove: A forceful or severe push, intended to suddenly displace the person or disrupt their balance. Shove does not involve the deliberate blow of a strike.
  7. Takedown: Bodily force used by the member that compels a standing or seated person to the ground or floor, or forceful actions that result in the person ending up on the ground or floor (whether intentional or unintentional).
     1. Two-officer or single-officer takedown.
     2. A push, pull or shove (including baton pushes and baton shoves) that results in the person ending up on the ground or floor.
     3. A vehicle extraction that ends on the ground or floor.
     4. Tackling the person.
     5. A leg sweep.
  8. Touch Contact: Gentle or moderate force applied to a person who offers minimal or no resistance. Touch is intended to create space, guide or move someone, but is not forceful.
  9. Weaponless Strike: A deliberate hit or blow intended to cause injury or pain. Strikes are more aggressive and are intended to achieve pain compliance or incapacitate the person. Strikes can involve a kick, punch, slap, knee, or any similar action.
• Feasible: Objectively reasonably capable of being safely done or carried out.
• Firearms/Ammunition/Firearm Accessories: A device that projects either single or multiple projectiles at high velocity. Ammunition is a term meaning the assembly of a projectile and its propellant. Accessories include but are not limited to holsters, gun cases, firearm optics, suppression devices, cleaning supplies, etc.
• Fleeing: An effort by the person to avoid arrest or capture through actions such as running, biking or driving away.
• Great Bodily Harm: Bodily injury which creates a high probability of death, or which causes serious permanent disfigurement, or which causes a permanent or protracted loss or impairment of the function of any bodily member or organ, or other serious bodily harm (MN Statute section 609.02 Subd. 8).
• Imminent Threat:

  A threat is imminent when all of the following apply:

  • It can be articulated with specificity.
  • It is reasonably likely to occur absent action by the law enforcement officer.
  • It must be addressed through the use of objectively reasonable, necessary, and proportional force without unreasonable delay.

  A fear of future harm is only an imminent threat if it must be addressed without unreasonable delay, no matter how great the fear or likelihood of harm.

• Intermediate Weapon: Weapons that are not intended to cause death or serious physical injury and are not empty hand techniques. These include CEWs, chemical aerosols, chemical munitions, impact projectiles, and batons.
• Lawful Order: Any written or oral directive issued by a supervisor or a proper authority in the course of work that is in compliance with MPD rules and regulations.
• Limited English Proficiency: Designates individuals whose primary language is not English and who have a limited ability to read, write, speak, or understand English. LEP individuals may be competent in certain types of communication (e.g. speaking or understanding), but still be LEP for other purposes (e.g. reading or writing). Similarly, LEP designations are context specific. An individual may possess sufficient English language skills to function in one setting, but may find these skills are insufficient in other situations.
• Mental Health Condition: MN Statute Section 245.462, Subd. 20 defines mental health conditions (referred to as "mental illness" in the law) as "an organic disorder of the brain or a clinically significant disorder of thought, mood, perception, orientation, memory, or behavior that is detailed in a diagnostic codes list published by the commissioner, and that seriously limits a person's capacity to function in primary aspects of daily living such as personal relations, living arrangements, work, and recreation." Mental health conditions may be characterized by impairment of a person's normal cognitive, emotional, or behavioral functioning, and caused by social, psychological, biochemical, genetic, or other factors.
• Objectively Reasonable Force: The degree and type of force a reasonable officer would consider rational and logical, based on the totality of the circumstances (as required by P&P 5-301 [II-C-1]), to bring a person or situation safely under control.
• Physical Disengagement: When physically engaged with a person, disengagement is breaking contact or physically creating space between the member and the person to allow for reassessment of the situation.
• Physically Restrained: Restraint or restrain refers to a member's use of force to physically restrict the free movement of a person's body.
• Probable Cause: Having reasonable grounds for supporting the requested Court order, to include: search warrants, arrests or other legal process. Probable cause is required by the Fourth Amendment. Officers must have an objectively reasonable basis for believing that a crime may have been committed or that there is evidence of the crime present in the place to be searched.
• Protected Class Status: Protected classes and statuses include race, ethnicity, color, national origin, ancestry, immigration status, sex, gender identity or expression, age, creed, religion, sexual orientation, marital status, parental status or familial status, disability (including pregnancy), genetic information, veteran's status, status with regard to public assistance, and any other protected class status under state, federal, and local laws.
• Reportable Force: Force used that is required to be reported in accordance with the policy on Use of Force Reporting (P&P 5-302).
• Subject Behavior:

  Subject Behavior: The actions, language, demeanor and conduct exhibited by a person. The behaviors are used to categorize and assess the degree of cooperation, resistance, or threat posed by the person.

  Complying with Orders: The person is following direction or lawful orders given.

  Passively Resisting: The person is not complying with a member’s commands and is uncooperative but is taking only minimal action to prevent a member from placing the person in custody or taking control of the situation. Examples include:

  • Standing stationary and not moving upon lawful direction.
  • Falling limply and refusing to use their power to move (becoming "dead weight").
  • Verbal non-compliance: Using language that signals an intention to avoid or prevent being taken into custody but does not signal an intent to cause physical harm.

  Actively Resisting: The person’s actions are intended to prevent a member from placing the person in custody or taking control of the situation but are not directed at harming the member. A person’s reaction to pain caused by a member, and a person’s purely defensive reactions to force, do not constitute active resistance. Oral statements alone do not constitute active resistance. Examples include:
  • Walking or running away after being informed they are not free to leave, are detained, or are under arrest.
  • Forcefully resisting the member’s grip.
  • Holding onto a fixed object after being given a lawful command to move or let go, in a situation other than a protest or demonstration (P&P 7-805).
  Objectively Imminent Physical Harm:
  Aggressively Resisting or Assaultive: The person displays the intent to imminently harm the member, themselves or another person. Examples include:
  • Taking a fighting stance (such as clenching and raising fists into a boxer pose or a substantially similar action).
  • Punching, kicking, or otherwise striking.
  Aggravated Aggressive Resistance or Aggravated Assault: The person displays the intent to imminently harm the member, themselves or another person, and the person’s actions are likely to result in great bodily harm or death. Examples include:
  • Use of a firearm.
  • Use of a blunt or bladed weapon.
  • Extreme physical force.

• Tactical Disengagement: A strategic decision to leave, delay contact, or delay custody of a person when there is not an immediate need to detain them.
• Tactical disengagement: Tactical disengagement is a strategic decision to leave, delay contact, or delay custody of a person when there is not an immediate need to detain them.
• Tactical Positioning: A member's attempts to place themselves in the best tactical position possible to reduce unnecessary risk, plan for contingencies, allow for other de-escalation techniques and tactics, and allow for implementation of the critical decision-making model.
• Totality of the Circumstances: All facts known to the member at the time, including the conduct of both the member and the person leading up to the action (such as the use of force).
• Use of Force:

  An intentional contact, directly or indirectly (such as through a weapon or force device), with someone’s body, that causes pain or injury or restricts, controls or directs someone’s movement. Intentionally placing someone in fear of such contact or threatening such contact can also constitute force. This includes, but is not limited to:

  • The use of any weapon, substance, vehicle, equipment, tool, device or animal that inflicts pain or produces injury.
  • Any physical strike to any part of the body.
  • Any physical contact or threat of contact by the member or a weapon that causes or threatens to cause pain or injury.
  • Any physical contact or threat of physical contact by the member that results in physical restriction or manipulation of movement.
  • Unholstering or displaying a weapon when engaged with a subject or subjects, or pointing a weapon at a person.