2-102 - Duty to Intervene

MPD employees have a moral, ethical, and in some cases legal duty to intervene to prevent another employee from conduct that would unnecessarily harm others or would violate law or policy. When any law enforcement officer exceeds their authority, it reflects on every law enforcement officer and it is the Department’s collective responsibility to hold one another accountable.

1. Intervention

In addition to the requirements set forth in the Duty to Intervene section in the P&P 5-301 Use of Force policy:

1. Employees shall intervene when they are witness to and have a reasonable opportunity to prevent or mitigate harm caused by policy or legal violations.

1. This duty applies, regardless of rank, to any employee working in their capacity as an MPD police officer or civilian staff member.

2. Employees should intervene in a manner that protects the safety of the community, their colleagues, and themselves to the greatest extent possible.

2. Employees are also encouraged to intervene to assist colleagues in addressing health and wellness concerns, even where those concerns are not currently resulting in policy or legal violations.

2. Failure to Intervene

The MPD will investigate all apparent instances of a failure to intervene when mandatory, whether discovered during the course of any use of force review, misconduct investigation, a community oversight review, or by any other means.

3. Reporting

This policy does not alter the reporting requirements for violations in P&P 5-100, P&P 2-100 and any other policy that requires employees to report misconduct. The requirements to intervene are in addition to requirements to report.

• Investigation: A structured process of gathering, examining, and evaluating facts and evidence to determine what occurred, assess compliance with laws and policies, and support appropriate actions or decisions.
• 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.