5-306 - Force Option - Empty Hand Techniques

The purpose of this policy is to ensure that members using empty hand techniques adhere 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.

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.

Conditions for Use

Empty hand techniques may only be used in accordance with the requirements described below. In addition to the conditions in this policy, the use of empty hand techniques must be objectively reasonable, necessary, and proportional, and members shall use the lowest degree of force necessary (P&P 5-301). When using empty hand techniques members must apply the critical decision-making model (CDM) (P&P 7-801) to continually assess the situation and modulate their use accordingly as the subject behavior changes.

Restriction on weaponless strikes

Weaponless strikes shall not be used with people who are complying with orders or are passively resisting as defined by policy.

Choke holds prohibited

In accordance with P&P 5-304, choke holds are prohibited. Accordingly, members shall not use their knees or other body parts to pin a subject’s neck to the ground.

Separate uses of force

Each use of empty hand techniques is a separate use of force that members must separately justify as objectively reasonable, necessary, and proportional.

Treatment and Medical Aid

In accordance with P&P 5-301, 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). Members shall keep the person under close observation until they are released to medical or other law enforcement personnel.

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

• 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.
• Using Empty Hand Technique: Using force that employs the member's own body as the mechanism of force (also called bodily force).
• 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.