5-304 - Authorized and Prohibited Force Options

The purpose of this policy is to ensure that members’ use of force control options adheres to the force guiding principles described in P&P 5-301. The force guiding principles include, but are not limited to, the Sanctity of Life (as incorporated below), the Duty to De-escalate, and Objectively Reasonable, Necessary, and Proportional Force.

1. MPD and its members shall uphold the sanctity of life (P&P 0-102 and P&P 5-301) by striving to protect and preserve human life in all situations and keep the community and MPD members safe from harm.
2. The MPD recognizes that combative, non-compliant, armed or otherwise violent people may cause handling and control problems that require special training and equipment.
3. This policy provides definitions, authorizations, restrictions and prohibitions that apply to authorized and improvised use of force options.

Authorized Force Options and Improvised Force Options

All uses of force shall be in accordance with the standards and requirements in P&P 5-301.

1. Members shall only carry weapons and force devices and use weapons and force devices approved by MPD for which they are currently trained and authorized to use through the MPD Training Division, except in the rare circumstances described below in section [II-A-2].

1. An authorized device is a device a member has received permission from the MPD to carry and use in the discharge of that member’s duties, and for which the member has:

1. Completed the required training in the technical, mechanical and physical aspects of the device.

and

2. Developed a knowledge and understanding of the MPD policy, law, rules and regulations regarding the use of such a device.

2. Knives, utility tools, and medical shears are not MPD-approved weapons or force devices (P&P 3-203).

2. MPD Training provides the foundation for decision-making and the use of force. While this training is as comprehensive as possible, it is recognized that not all situations are linear, and that in rare circumstances it may be reasonably necessary for use of force to deviate from trained techniques.

1. Members shall only use improvised weapons when they lack an approved intermediate weapon as an alternative. In the event that a member’s use of force incorporates improvised weapons or techniques, the member shall still adhere to the force guiding principles and ensure their actions are objectively reasonable, necessary, and proportional (P&P 5-301).

3. >Using empty hand techniques, a vehicle, intermediate weapon, or other improvised weapon may constitute the use of deadly force, depending on how the weapon or technique is used.

Carry Intermediate Weapons

1. While on-duty or while engaged in off-duty work, members wearing the Class ‘C’ uniform (P&P 3-114) who are carrying a firearm shall carry on their person the hand-held chemical aerosol (P&P 5-308), and either the CEW (when issued- see P&P 5-308) or the baton (P&P 5-310).

2. While on-duty or while engaged in off-duty work, members in modified uniforms, plainclothes, or civilian attire, whose duties routinely involve conducting enforcement activities and who are carrying a firearm, shall carry on their person at least one intermediate weapon.

Limitations and Prohibitions

Prone positioning

>In accordance with P&P 7-350, members shall not secure a person in any way that results in transporting the person face down in a vehicle. See P&P 7-350 for other conditions around prone positioning.

Prohibition on neck restraints and choke holds

Neck restraints and choke holds are prohibited. Instructors are prohibited from teaching the use of neck restraints or choke holds.

Prohibition on hogties

Hogtying a person is prohibited.

• A hogtie involves tying the feet of the person directly to their hands behind their back.

Prohibition on the Maximal Restraint Technique (MRT)

The Maximal Restraint Technique (MRT) and the Hobble Restraint Device (and related devices) are prohibited.

• The Maximal Restraint Technique (MRT) is a technique used to secure a person’s feet to their waist, through the Hobble Restraint Device or other related devices.

• Baton: A handheld, rigid, stick-like intermediate weapon. Batons are typically made of materials such as wood and metal, and come in various lengths and styles. (See the specifications section in P&P 5-310 for authorized types)
• 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.
• Chemical Aerosol: Aerosol, hand-held, pressurized, containerized chemical aerosol agents that emit a stream or vapor. (P&P 5-308)
• Choke Hold: A method by which a person applies sufficient pressure to a person to make breathing difficult or impossible, including but not limited to any pressure to the neck, throat, or windpipe that may prevent or hinder breathing, or reduce intake of air. A choke hold also means applying pressure to a person's neck on either side of the windpipe, but not to the windpipe itself, to stop the flow of blood to the brain via the carotid arteries. (MN Statute section 609.06 Subd. 3 (b))
• 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.
• 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)
• 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.
• 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.
• 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.
• Neck Restraint: A method by which a person applies sufficient pressure to a person to make breathing difficult or impossible, including but not limited to any pressure to the neck, throat, or windpipe that may prevent or hinder breathing, or reduce intake of air. A choke hold also means applying pressure to a person's neck on either side of the windpipe, but not to the windpipe itself, to stop the flow of blood to the brain via the carotid arteries. (MN Statute section 609.06 Subd. 3 (b))
• 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.
• Use Weapons and Force Devices: Activating or applying a weapon's or force device's mechanical functions, pointing a weapon, or making contact with a person with the weapon or force device. This includes discharging a weapon such as a firearm, chemical aerosol, or impact projectile launcher, deploying a CEW, performing a CEW warning alert, activating a CEW, laser painting a person, applying handcuffs or restraints, and making bodily contact with a person with a baton or other impact weapon.
• Using Empty Hand Technique: Using force that employs the member's own body as the mechanism of force (also called bodily force).