5-303 AUTHORIZED USE OF FORCE (10/16/02) ( 08/17/07)
Minn. Stat. §609.06 subd. 1 states,
“When authorized…except as otherwise provided in subdivision 2, 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.”
In addition to Minn. Stat. §609.06
sub. 1, MPD policies shall utilize the United States Supreme Court decision in
Graham vs Connor as a guideline for reasonable force.
The Graham vs Connor case
references that:
“Because the test of reasonableness
under the Fourth Amendment is not capable of precise definition or mechanical
application, its proper application requires careful attention to the facts and
circumstances of each particular case, including:
·
The severity of the crime at issue,
·
Whether the suspect poses an immediate threat to the safety of
the officers or others, and;
·
Whether he is actively resisting arrest or attempting to evade
arrest by flight.
The "reasonableness" of a
particular use of force must be judged from the perspective of the
reasonable officer on the scene, rather than with the 20/20 vision of
hindsight.
The calculus of reasonableness must
embody allowance for the fact that police officers are often forced to make
split-second judgments - in circumstances that are tense, uncertain, and
rapidly evolving - about the amount of force that is necessary in a particular
situation.”
Authorized use of force requires
careful attention to the facts and circumstances of each case. Sworn MPD
employees shall write a detailed, comprehensive report for each instance in
which force was used.
Definitions
Refer to the Commonly Used Terms page for general definitions.