(09/08/20) (12/22/20) (04/04/21)
(01/01/23) (03/30/23)
Revisions to prior policies:
(05/29/02) (10/16/02) (08/17/07) (12/15/09) (10/01/10) (04/16/12) (06/01/12)
(07/16/12) (09/04/12) (06/10/13) (10/07/13) (06/13/14) (04/30/15) (09/23/15)
(04/05/16) (07/28/16) (07/13/17) (04/02/18) (07/16/19) (10/18/19) (06/11/20)
(06/16/20) (08/21/20)
I.
Purpose
A.
The MPD recognizes that combative, non-compliant, armed or otherwise
violent subjects cause handling and control problems that require special
training and equipment.
B.
The MPD has adopted the less-lethal force philosophy to assist with
the de-escalation of these potentially violent confrontations.
C.
This policy addresses the use and deployment of all force control
options that are available to sworn employees.
Control options covered:
Restraints:
Handcuffing
Maximal restraint technique (MRT) (Hobble Restraint) and Hogtie (prohibited)
Bodily force
Less-lethal 40mm launcher and impact projectiles
Chemical agents
Conducted electronic weapons (CEWs)
Impact weapons
Canine
Neck restraints and choke holds (prohibited)
Firearms
II.
Definitions
Carry: Carrying a weapon or tool means having it 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.
Deliver: Delivering means to launch a weapon or
technique to make impact with a subject or to strike a subject with an impact
weapon or bodily force.
Discharge: Discharging means ejecting something out of
the end or nozzle of a weapon (firing, spraying, launching, etc.).
Display: Display means having a weapon in hand, while
engaged with a subject. For a handgun, this means having it out of the holster,
while engaged with a subject. For larger weapons such as rifles, this means
having it in hand (slung or unslung), while engaged with a subject.
Engaged with a Subject: This means treating someone as
a potential suspect or dealing with a person who is the focus of law
enforcement attention in an incident, while using some level of reportable
force (such as display or pointing). An example of a person who is the focus of
law enforcement attention is an individual in crisis who may not be a potential
suspect.
Point: Pointing a weapon means directing it towards a
subject, while engaged with them as a potential suspect or as a focus of law
enforcement attention in an incident (such as an individual in crisis), with
the intent to use or imply the use of the weapon. This includes arcing or
red-dotting a CEW, pointing impact weapons and aiming firearms.
Use: Using a weapon or tool means activating or
applying any of its mechanical functions, pointing a weapon, or making contact
with a subject with the weapon or tool. This includes discharging a weapon such
as a firearm, CEW, aerosol, or 40mm launcher, arcing, red-dotting or activating
a CEW, applying handcuffs or restraints, making bodily contact with a subject
with an impact weapon or with bodily force.
III.
Policy
A. Authorized
Control Options and Use of Unauthorized Control Options
1.
Sworn MPD employees shall only carry and use MPD approved weapons for
which they are currently trained and authorized to use through the MPD Training
Division, except in exigent circumstances. An authorized device is a device an
officer has received permission from the MPD to carry and use in the discharge
of that officer’s duties, and for which the officer has:
a.
Obtained training in the technical, mechanical and physical aspects of
the device; and
b.
Developed a knowledge and understanding of the MPD policy, law, rules
and regulations regarding the use of such a device.
2. All
use of force control options and weapons shall be in accordance with the
standards and requirements in P&P 5-301.
a.
Force control options shall only be used in a manner that would be found
objectively reasonable (in accordance with P&P 5-301).
b.
If lower levels of force are ineffective, higher levels of force may be
used for control and safety, subject to any additional restrictions on specific
options or limitations in P&P 5-300.
3. If
an exigent circumstance exists that poses an imminent threat to the safety of
the employee or the public requiring the immediate use of an improvised weapon
of opportunity, the employee may use the weapon in accordance with the
standards in P&P 5-301 (including, but not limited to, the section on
Objectively Reasonable Force Consistent with Policy, Law and Training).
4.
The use of a firearm, vehicle, less-lethal or non-lethal weapon, or
other improvised weapon by an officer may constitute the use of deadly force.
This policy does not prevent a sworn employee from drawing a firearm or being
prepared to use a firearm in threatening situations, in accordance with P&P
5-301 and the firearm section in this policy (P&P 5-302).
B. Limitations
on the Use of Certain Restraints
1.
In accordance with MN Statute section 609.06, the following restraints
shall not be used unless MN Statute section 609.066 authorizes the use of
deadly force to protect the officer or another from death or great bodily harm:
a.
Tying all of a person's limbs together behind the person's back to
render the person immobile; or
b.
Securing a person in any way that results in transporting the person
face down in a vehicle.
c.
Less-lethal measures must be considered by the officer prior to applying
these measures.
2.
Neck Restraints and choke holds are prohibited, in accordance with the
section in this policy (P&P 5-302) covering neck restraints and choke
holds.
C. Handcuffing
1.
Authorized use
a.
Arrests
i.
To minimize the risk of injury to officers and others during arrest
situations, officers shall handcuff all persons arrested as soon as possible
(in accordance with P&P 9-100).
ii.
Handcuffs are authorized when transporting in-custody subjects (in
accordance with P&P 9-100).
b.
Investigative detentions (“Terry Stops”)
i.
Handcuff use during investigative detentions is authorized when one or
more of the following factors are present:
aa. Articulable
facts that the subject is physically uncooperative;
ab. Articulable
facts that a subject’s actions at the scene may present physical danger to
themselves or others if not restrained;
ac. Reasonable
possibility of flight based on the circumstances;
ad. Information
that the subject is currently armed;
ae. The
stop closely follows a violent crime and the subject matches specific parts of
a description;
af.
The number of subjects involved in the stop causes an articulable safety
concern; or
ag. Articulable
facts that a crime of violence is about to occur.
ii.
Care and discretion should be used with individuals at extremes of age
in handcuffing such individuals during an investigative detention.
iii.
The authority to handcuff during investigatory stops continues for only
as long as the circumstances above exist.
c.
Suicidal persons
Handcuffs are authorized when engaging a person who is
reasonably believed to be suicidal.
d.
Search warrant service
i.
Handcuffs are authorized when executing a search warrant at a private
residence as is reasonably necessary to execute the warrant in safety.
ii.
Handcuffs are authorized when executing a search warrant at a commercial
business open to the public if it reasonably appears that handcuffing is
necessary to protect an officer or others from physical harm. Circumstances
that justify initial handcuffing may change and eliminate continued
justification.
e.
Detoxification subjects
Handcuffs are authorized when transporting detoxification
subjects.
2.
Unauthorized use
a.
If medical circumstances make it unreasonable to handcuff an arrestee,
officers shall refrain from handcuffing.
b.
When responding to a scene where a subject has already been placed in
handcuffs prior to arrival, officers shall not place MPD handcuffs on the
subject until they have reasonable suspicion or probable cause based on their
independent investigation or findings.
3.
Checking handcuffs
a.
Officers shall check handcuffs for tightness and double lock as soon as
it is safe to do so prior to transport.
b.
When a handcuffed subject first complains that handcuffs are too tight
or are hurting the subject, the officer having custody of the handcuffed
subject shall, as soon as reasonably possible, check the handcuffs to make sure
that they are not too tight. If they are too tight (per training), they shall
be loosened and relocked.
D. Maximal
Restraint Technique (MRT) and Hogtie (prohibited)
1.
The Maximal Restraint Technique (MRT) and the Hobble Restraint Device
(and related devices) are prohibited.
The Maximal Restraint Technique (MRT) is used to secure a
subject’s feet to their waist, through the Hobble Restraint Device or other
related devices.
2.
Hogtying a subject is prohibited.
A hogtie involves tying the feet of the subject directly to
their hands behind their back.
E. Bodily
Force
1.
Bodily force types
Bodily force (also known as empty hand tactics) includes but
is not limited to:
·
Escort holds (temporary holding of the hand, wrist, arm or
shoulder to physically control or direct a subject)
·
Join manipulations (physically contorting a subject’s joint to
control or limit movement)
·
Nerve pressure points (touch pressure)
·
Joint locks (manipulating a subject’s joint until it reaches its
maximal degree of motion and hyperextension- wrist lock, shoulder lock, elbow
lock, etc.)
·
Body weight to pin
·
Control pressure
·
Takedown techniques or tackles (Using physical force to direct a
person to the ground)
·
Pushes (using physical force to press forward in an effort to
effect movement)
·
Strikes (punches, kicks, knees, slaps)
2.
Body weight to pin and control pressure
a.
Body weight to pin definition
Restricting a subject’s movement by use of body weight to
pin the subject to the ground or floor.
b.
Control pressure definition
Restricting a subject’s movement while the subject is
upright by use of body weight to pin the subject to a fixed object (such as
applying pressure while the subject is against a vehicle or building).
c.
Reporting
Body weight to pin and control pressure require a report and
Use of Force details page. The requirement to notify a supervisor for body
weight to pin and control pressure varies based on where the pressure was
applied:
i.
Supervisor notification required
A supervisor notification is required for:
aa. Body
weight to pin or control pressure resulting in injury or alleged injury
(including loss of consciousness).
ab. Body
weight to pin on the front rib cage area or the head.
ac. Control
pressure on the head.
ii.
Supervisor notification not required
A supervisor notification is not required for the following
types, unless another condition applies such as an injury:
aa. Body
weight to pin on limbs, hips, the back or the stomach.
ab. Control
pressure on limbs, hips, or the torso.
3.
Pushing to the ground
If a push or shove propels the subject to the ground or
floor, it is considered a takedown.
4.
Vehicle extractions to the ground
Vehicle extractions that end on the ground or floor are
considered takedowns.
5.
Neck restraints and choke holds covered elsewhere
Neck restraints and choke holds are considered separate
control options under this policy (and are not included as bodily force).
6.
Strikes (punches, kicks, knees, slaps)
a.
Strikes may be delivered:
i.
To subjects who are exhibiting Aggressive Resistance or Assault, or;
ii.
For life saving purposes, or;
iii.
To subjects who are Actively Resisting if lesser attempts at control
have been or would likely be ineffective (in accordance with section in P&P
5-301 on Objectively Reasonable Force Consistent with Policy, Law and
Training).
b.
Strikes shall not be delivered to persons who are Compliant or are
Passively Resisting as defined by policy.
7.
Treatment and medical aid
In addition to standard medical treatment after use of force
(in accordance with P&P 5-301), when officers deliver strikes, or if bodily
force causes a subject’s head to strike an object or surface, treatment for the
subject shall include visually inspecting the areas struck for signs of injury,
when appropriate. Officers shall routinely monitor the medical condition until
they are released to medical or other law enforcement personnel.
F. Less-Lethal
40mm Launcher and Impact Projectiles
The 40mm less-lethal round is a direct fire round used in
situations where maximum deliverable energy is desired for the incapacitation
of an aggressive, non-compliant subject.
1.
40mm less-lethal round authorization
a.
This policy applies to officers who are not working in a certified SWAT
capacity.
b.
The 40mm launcher with the 40mm less-lethal round should not be used in
deadly force situations without firearm backup.
i.
The discharge of the 40mm less-lethal round should be considered a level
slightly higher than the use of an impact weapon and less than deadly force
when delivered to areas of the subject’s body that are considered unlikely to
cause death or serious physical injury.
ii.
Prior to using less-lethal options, officers need to consider any risks
to the public or themselves.
iii.
When discharging the 40mm less-lethal round, consideration shall be
given as to whether the subject could be controlled by any other reasonable
means without unnecessary risk to the subject, officers, or to the public, in
accordance with knowledge and training in use of force and MPD policies
governing the use of deadly and non-deadly force.
c.
Only officers trained in the use of the 40mm launcher and 40mm
less-lethal round are authorized to carry and use them.
d.
All carrying and use of 40mm launchers for crowd control purposes or
during civil disturbances and assemblies shall only occur in accordance with
P&P 7-805.
2.
Standard projectiles
a.
Officers shall only carry MPD-approved 40mm rounds. Ammunition
specifications are available from the Range Master.
b.
The MPD Range shall issue 40mm rounds with each launcher depending on
the needs of the 40mm Operator Program. The MPD Range shall replace any rounds discharged
or damaged as needed.
3.
Target areas
a.
The primary target areas for the 40mm less-lethal round should be the
large muscle groups in the lower extremities including the buttocks, thigh,
knees. Alternative target areas include the ribcage area to the waist, and the
larger muscle areas of the shoulder areas.
b.
Officers shall be aware that the delivery of the 40mm impact projectiles
to certain parts of the human body can cause grievous injury that can lead to a
permanent physical or mental incapacity or possible death.
c.
Officers shall not intentionally discharge less-lethal impact munitions
at a person’s head, neck, throat, face, armpit, spine, kidneys, or groin unless
deadly force would be justified.
4.
40mm launcher use
a.
The 40mm launchers can be discharged when the incapacitation of a
violent or potentially violent subject is desired. The 40mm launcher can be a
psychological deterrent and physiological distraction serving as a pain
compliance device.
b.
If a supervisor or responding officers believe that there is a call or
incident that may require the use of less-lethal capability, they may request
via radio or other means that an on-duty MPD-trained operator with a 40mm
launcher respond to the scene.
c.
Officers shall announce over the radio that a 40mm launcher will be discharged,
when time and tactics permit.
i.
It is important that whenever possible, all officers involved and
possible responding officers know that a 40mm less-lethal projectile is being discharged
so they do not mistake the sight and noise from the 40mm projectile discharge
as a live ammunition discharge.
ii.
40mm launchers have an orange barrel indicating they are the less-lethal
platform.
d.
When appropriate given the situation, officers discharging a 40mm
less-lethal projectile should yell "Code Orange!" prior to and during
the discharge.
5.
Carrying and Storage
a.
40mm launchers shall be assigned to each precinct, City Hall and
specialty units as needed.
i.
Each 40mm launcher shall be kept its own case and in a secured gun
locker.
ii.
Only commanders or their designee and MPD-trained operators will have
keys to the 40mm armory lockers.
b.
MPD-trained operators shall have the 40mm launchers available during
their assigned shift, when possible.
6.
Maintenance of 40mm launchers
Only MPD certified Range personnel shall perform maintenance
and repairs to the 40mm launcher.
7.
Subjects injured by 40mm less-lethal projectiles
a.
Medical assistance shall be rendered as necessary in accordance with
P&P 5-301 and the Emergency Medical Response policy (P&P 7-350).
b.
If possible, photographs should be taken of any injuries to the subject.
8.
Use of Force reporting
a.
Officers who discharge a 40mm less-lethal round shall report the force
in accordance with P&P 5-303.
b.
Officers who discharge a less-lethal round shall immediately notify
dispatch, who will notify a supervisor.
c.
A supervisor shall respond to the scene any time a 40mm less-lethal
round is discharged. The responding supervisor shall review the incident and
complete a use of force review in accordance with P&P 5-303.
d.
Supervisors shall ensure that all spent 40mm less-lethal rounds are
collected and property inventoried if possible.
G. Chemical
Agents
1.
Use of Chemical Agents
a.
MPD approved chemical agents may be used as a
non-lethal use of force. The use of chemical agents shall be consistent with
current MPD training and MPD policies governing the use of force
(including all sections in P&P 5-300).
b.
Chemical agents, regardless of canister size, shall only be discharged
at subjects under the following circumstances:
i.
During civil disturbances and assemblies, only when authorized in
accordance with P&P 7-805.
ii.
In situations not involving civil disturbances or assemblies:
aa. On
subjects who are exhibiting Aggressive Resistance or Assault, or;
ab. For
life saving purposes, or;
ac. On
subjects who are Actively Resisting if lesser attempts at control have been or
would likely be ineffective (in accordance with the section in P&P 5-301 on
Objectively Reasonable Force Consistent with Policy, Law and Training).
c.
Chemical agents shall not be discharged at persons who are Compliant or
are Passively Resisting as defined by policy.
d.
Sworn MPD employees shall exercise due care to ensure that only intended
persons are exposed to the chemical agents.
2.
Treatment and Aid for Chemical Agent Exposure
a.
In addition to standard medical treatment after use of force (in
accordance with P&P 5-301), post exposure treatment for a person that has
been exposed to the chemical agent shall include one or more of the following:
·
Removing the affected person from the area of exposure.
·
Exposing the affected person to fresh air.
·
Rinsing the eyes and skin of the affected person with cool water
(if available).
b.
Sworn employees shall keep a person exposed to the chemical agent under
close observation until they are released to medical or other law enforcement
personnel.
c.
An officer who has discharged a chemical agent at a person shall inform
individuals accepting custody that it was discharged at the person.
d.
Discharging chemical agents to prevent the swallowing of narcotics is
prohibited.
H. Conducted
Energy Weapons (CEWs)
Terms related to Conducted Energy
Weapons (CEWs):
Activating: Activating a CEW means
engaging the Arc switch, or the trigger after probes have been discharged, to
generate electricity through arcing or cycling. Activating on a subject means
engaging the arc switch in touch/contact stun or drive-stun applications or
engaging the arc switch or the trigger after probes have been discharged at a
subject.
Apply: When a CEW is used for
touch/contact stun or drive/stun applications (involving contact with the
subject by the CEW).
Arcing: Un-holstering the CEW and
activating the CEW for purposes of threatening its use prior to actual
discharge or drive-stun or touch/contact stun application. In some cases, this
may be effective at gaining compliance without having to actually discharge at
or apply drive-stun or touch/contact stun on at a subject.
Drive-Stun: Touch/Contact Stun and
Drive- Applying drive-stun mode is when the CEW is strongly, with forceful
pressure, pushed directly into a subject’s nerve bundle and touch/contact stun
mode is applied.
Probe Mode: When a CEW is used to
discharge probes (also called darts) at a person for the purpose of
incapacitation.
Red Dotting: Un-holstering and
pointing a CEW at a person and activating the laser aiming device. In some
cases, this may be effective at gaining compliance without having to actually
discharge a CEW. Also known as “painting” the target.
Touch/Contact Stun: Applying
touch/contact stun mode is when a CEW’s electrodes contact a subject’s body and
the trigger or arc button is activated with no cartridge or probes being
discharged. Contact from the CEW with the subject completes the electrical
circuit which causes pain but does not cause an incapacitating effect.
1.
CEW authorization
a.
The MPD approved Conducted Energy Weapon (CEW) (P&P 3-200) is
considered a less-lethal weapon.
b.
MPD officers are only authorized to carry CEWs that are issued by the
department. Personally owned CEWs, or those issued by another agency, are not
authorized to be carried or utilized while an MPD officer is acting in their
official MPD capacity.
c.
CEWs may be used:
i.
On subjects who are exhibiting Aggressive Resistance or Assault, or;
ii.
For life saving purposes, or;
iii.
On subjects who are Actively Resisting if lesser attempts at control
have been or would likely be ineffective (in accordance with the section in
P&P 5-301 on Objectively Reasonable Force Consistent with Policy, Law and
Training).
d.
CEWs shall not be used against subjects who are Compliant or are
Passively Resisting as defined by policy (P&P 5-301).
e.
CEWs should generally be used in the probe mode. Application of CEWs in
the drive stun mode shall be limited to defensive applications or to gain
control of a subject who is exhibiting Aggressive Resistance or Assault if
lesser attempts at control have been ineffective,
or if the probe mode was ineffective.
2.
CEW use
a.
Cycles
When activating a CEW on a subject, personnel should activate
it for one standard cycle (a standard cycle is five seconds) and pause to
evaluate the situation to determine if subsequent cycles are necessary.
i.
If subsequent cycles are necessary, officers should restrict the number
and duration to only the minimum amount necessary to control or place the
subject in custody under the existing circumstances.
ii.
Personnel should constantly reassess the need for further activations
after each CEW cycle and should consider that exposure to multiple applications
of the CEW for longer than 15 seconds may increase the risk of serious injury
or death.
iii.
Officers should be aware that a lack of change in a subject’s behavior
often indicates that the electrical circuit has not been completed or is
intermittent. If there is a need for another cycle based on the standards
above, officers should immediately discharge another cartridge or transition to
other control options rather than activating continued ineffective cycles.
b.
One officer at a time
Unless exigent circumstances exist as defined by policy
(P&P 5-301), no more than one officer should intentionally activate a CEW
against a subject at one time.
c.
Warnings
Officers shall, unless it is not feasible to do so, give
verbal warnings or announce their intention to discharge a CEW prior to actual
discharge. Use of the CEWs’ laser pointer (red dotting) or arcing of the CEW
may be effective at diffusing a situation prior to actual discharge of the CEW.
d.
Holstering
The CEW shall be holstered on the sworn MPD employee’s weak
(support) side to avoid the accidental drawing or firing of their firearm.
(SWAT members in tactical gear are exempt from this holstering requirement.)
e.
Subject factors
i.
Officers must consider the possible heightened risk of injury and
adverse societal reaction to the use of CEWs upon certain individuals. Officers
must be able to articulate a correspondingly heightened justification when activating
a CEW on:
·
Persons with known heart conditions, including pacemakers or
those known to be in medical crisis;
·
Elderly persons or young children;
·
Frail persons or persons with very thin statures (i.e., may have
thin chest
walls);
·
Women known to be pregnant;
ii.
Prior to activating a CEW on a subject in flight the following should be
considered:
·
The severity of the crime at issue;
·
Whether the subject poses an immediate threat to the safety of
the officer or others, and;
·
Whether the officer has a reasonable belief that activation of
the CEW would not cause significant harm to the subject fleeing unless use of
deadly force would otherwise be permitted.
f.
Situational factors
In the following situations, CEWs should not be activated
unless the use of deadly force would otherwise be permitted:
·
On persons in elevated positions, who might be at a risk of a
dangerous fall;
·
On persons operating vehicles or machinery;
·
On persons who are already restrained in handcuffs unless
necessary to prevent them causing serious bodily injury to themselves or others
and if lesser attempts of control have been ineffective;
·
On persons who might be in danger of drowning;
·
In environments in which combustible vapors and liquids or other
flammable
substances are present;
·
In similar situations involving heightened risk of serious injury
or death to the
subject.
3.
Loss or damage
Lost, damaged or inoperative CEWs shall be reported to the
CEW Coordinator immediately upon the discovery of the loss, damage or
inoperative condition.
4.
Use during off-duty employment
a.
Officers who use their MPD issued CEW during the scope of off-duty
employment within the City shall follow MPD policy and procedure for reporting
the use of force and downloading their device.
b.
If officers carry their MPD issued CEW during the scope of off-duty
employment outside of the City (e.g. working for another law enforcement
agency) that agency shall sign a waiver (Letter of Agreement for Off Duty
Employment) which indicates that certification through the Minneapolis Police
Department is sufficient for use while working for that agency.
5.
Downloading and reporting
a.
CEW downloading guidelines
i.
The CEW shall be downloaded, when used in probe mode, touch/contact stun
mode or drive-stun mode, prior to the end of the officer’s shift.
ii.
The CEW shall be downloaded for any incident that is recorded that the
officer believes might have evidentiary value.
iii.
If a CEW was used during a critical incident, the CEW will be
inventoried by the investigating agency for processing video and firing data
evidence.
b.
CEW reporting guidelines:
i.
When a CEW is discharged at or applied in touch/contact stun or
drive-stun mode on a subject, the officer shall report its use in accordance with the Force Reporting requirements in P&P
5-303. Officers shall document de-escalation attempts in their Narrative
Text.
ii.
When a CEW is threatened by means of displaying, red dotting or arcing,
the threatened use shall be reported in accordance with P&P 5-303.
iii.
When a CEW is used during the scope of off-duty employment outside of
the City (e.g. another law enforcement agency) officers shall obtain a
Minneapolis CCN from MECC and complete a Police Report titled AOA and refer to
the outside employer’s incident report in the Narrative Text. Officers shall
then download the device and store the information under the Minneapolis CCN.
6.
Post exposure treatment and medical aid
a.
In addition to standard medical treatment after use of force (in
accordance with P&P 5-301), post exposure treatment for a person that has
been exposed to the electricity from the CEW shall include the following:
i.
Request EMS response for probe removal if probes are located in
sensitive areas (face, neck, groin or breast areas).
ii.
Wear protective gloves and remove probes from the person’s non-sensitive
body areas.
iii.
Secure the probes (biohazard “sharps”) point down into the expended
cartridge and seal with a safety cover.
iv.
When appropriate, visually inspect probe entry sites or drive stun
locations for signs of injury.
v.
When appropriate, photograph probe entry sites or drive stun locations.
b.
Sworn employees shall routinely monitor the medical condition of a
person who has been exposed to the electricity from a CEW until they are
released to medical or other law enforcement personnel.
I. Impact
Weapons
1.
MPD approved impact weapons (P&P 3-200) are considered less-lethal
weapons, and may be used as impact weapons:
a.
On subjects who are exhibiting Aggressive Resistance or Assault, or;
b.
For life saving purposes, or;
c.
On subjects who are Actively Resisting if lesser attempts at control
have been or would likely be ineffective (in accordance with the section in
P&P 5-301 on Objectively Reasonable Force Consistent with Policy, Law and
Training).
2.
Strikes from impact weapons shall not be delivered to persons who are
Compliant or are Passively Resisting as defined by policy (P&P 5-301).
3. In
addition to standard medical treatment after use of force (in accordance with
P&P 5-301), treatment for a person that has been struck with an impact
weapon shall include visually inspecting the areas struck for signs of injury,
when appropriate.
4.
Sworn employees shall routinely monitor the medical condition of a
person that has been struck with an impact weapon until they are released to
medical or other law enforcement personnel.
J. Canine
1. Canines
shall only be deployed in accordance with P&P 7-807 Authorized Use of
Canines.
2.
When canines are used for apprehensions, handlers shall disengage their
canines as soon as reasonably possible after the subject is able to be
controlled or secured.
3.
Officers are responsible for ensuring any person injured by an MPD
canine receives medical treatment as soon as reasonably possible.
a.
Officers shall request an ambulance to the scene whenever a person is
apprehended by a canine.
4.
The canine handler shall notify the Canine Sergeants immediately after
any canine apprehension or accidental bite.
a.
Officers will be debriefed by Canine unit supervisors and trainers as
soon as possible following notification.
b.
If a Canine Sergeant is not available, another MPD sergeant may be asked
to do the force review (in accordance with P&P 5-303).
5.
Canine handlers shall photograph all injuries and ensure the images are
uploaded in accordance with P&P 10-400.
6.
Upon notification of a bite or apprehension, a Canine Sergeant shall
complete the K-9 Unit Apprehension Review form (MP-9090) and will send it
electronically to the members of the review panel.
K. 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.
MN Statute section 609.06 Subd. 3 (b) defines a choke hold
“as a method by which a person applies sufficient pressure to a person to make
breathing difficult or impossible, and includes but is not limited to any
pressure to the neck, throat, or windpipe that may prevent or hinder breathing,
or reduce intake of air. 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.”
L. Firearms
1.
Firearm discharges- when authorized
An MPD sworn employee may lawfully discharge a firearm in
accordance with policy in the following circumstances:
a. In
deadly force situations, in strict compliance with the Use of Force policy
(P&P 5-301), and with a high degree of restraint. Firearm use shall never
be considered routine and is permissible only when alternative means do not
work, would not work or are too unsafe to try (in accordance with the section
in P&P 5-301 on Objectively Reasonable Force Consistent with Policy, Law
and Training).
b.
To dispatch an animal that is dangerous, or one that humane treatment
requires its removal from further suffering and alternative methods of
disposition are impractical.
c.
To participate in authorized training.
d.
To participate in any authorized competition or legitimate sporting
activity.
2.
Firearm discharges- when prohibited
Officers shall not discharge firearms under the following
conditions:
a.
As a warning or to command attention.
b.
Against persons who present a danger only to themselves.
c.
Solely to protect property.
3.
Shooting at motor vehicles
a. Firearms
shall not be discharged at a moving or fleeing vehicle, unless:
i.
The officer or another person is currently being threatened with deadly
force by an occupant by means other than the moving vehicle and the officer
reasonably believes there are no other reasonable means available to avert the
threat, or
ii.
In the extreme case of a ‘vehicle ramming attack’ where a vehicle is
being used as a weapon to target people to cause great bodily harm or death, or
iii.
In the extreme case when an officer is stuck in the path of a vehicle,
and:
·
has no means of escape, and
·
the officer reasonably believes there are no other reasonable
means available to avert the threat, and
·
the officer is unable to issue commands or the driver is
disregarding commands to stop.
aa. Officers
shall consider their positioning and avoid placing themselves in the path of a
vehicle whenever possible. If officers find themselves positioned in the path
of a vehicle, they shall attempt to move safely out of the path of the vehicle
instead of discharging a firearm at it or any of its occupants.
ab. Being
in the path of a moving vehicle shall not be the sole reason for discharging a
firearm at the vehicle or any occupant.
b.
This prohibition includes attempting to disable the vehicle by discharging
at it.
c.
Considerations in this prohibition:
i.
A vehicle may be occupied by additional passengers and it may not be
readily apparent how many occupants are in the vehicle.
ii.
Bullets discharged at moving motor vehicles are extremely unlikely to
immediately cease the movement of the vehicle or successfully disable it.
iii.
Bullets discharged at or from moving motor vehicles have a higher
probability of missing the intended target or ricocheting and possibly injuring
officers or other innocent persons, including passengers in the vehicle.
iv.
Bullets discharged at moving motor vehicles may disable or disorient the
driver, causing the vehicle to crash and possibly injuring officers or other
innocent persons, including passengers in the vehicle.
4.
Drawing and displaying a firearm
a.
An officer’s decision to draw or display a firearm will be based on the
tactical situation and the officer’s reasonable belief that lethal force is
necessary, or that there are indicators of a substantial risk the situation may
escalate to the point where lethal force may be necessary.
b.
Unnecessarily or prematurely drawing or displaying a firearm may limit
an officer’s alternatives in controlling a situation and may inhibit or limit
communication between the officer and the subject.
5.
Notification of firearm discharges
a.
Employee responsibility
Any employee who discharges a firearm, whether on or off
duty, shall make direct contact with their immediate supervisor or the on-duty
Watch Commander and the local jurisdiction as soon as possible except:
·
While at an established target range;
·
While conducting authorized ballistics tests;
·
When engaged in legally recognized activities while off-duty.
b.
Supervisor responsibility
i.
The supervisor shall respond to any scene in which an employee has
discharged a firearm while on-duty or in the course of duty.
ii.
The supervisor is responsible for notifying the Watch Commander and when
appropriate, the employee’s Deputy Chief and the
on-duty Homicide investigator. This does not include the discharge of a firearm
with the intention of dispatching an animal, unless it results in injury to a
person.
iii.
Notifications to the Internal Affairs unit shall be made in accordance
with the Duty to Report policy (P&P 2-101).
iv.
The advised supervisor shall ensure that drug and alcohol testing is
conducted in accordance with P&P 3-1000 Drug and Alcohol Testing.
v.
At any officer-involved shooting incident, the Critical Incident Policy
(P&P 7-810) shall be followed.
c.
Reporting firearms discharges to the State
MN Statute section 626.553 requires the Chief of Police to
report to the State Commissioner of Public Safety whenever a peace officer
discharges a firearm in the course of duty, other than for training purposes or
when killing an animal that is sick, injured or dangerous. Written notification
of the incident must be filed within 30 days of the incident. The notification
shall include information concerning the reason for and circumstances
surrounding discharge of the firearm. The Internal Affairs unit supervisor
shall be responsible for filing the required form(s) with the State Bureau of
Criminal Apprehension.
6.
Written report on discharge of firearms
a.
All employee firearm discharges that require notification, other than
Critical Incidents, shall be reported in a PIMS report, including a Narrative
Text, by the employee involved and the supervisor who was notified. The report
shall be titled, “DISWEAP.” The employee shall complete Force Reporting in
accordance with P&P 5-303 and the supervisor shall then complete a
Supervisor Force Review in accordance with P&P 5-303.
b.
The Watch Commander shall include all case numbers on the Watch
Commander log.
Definitions
Refer to the Commonly Used Terms page for general definitions.