(09/08/20) (12/22/20) (03/12/21)
(01/01/23)
Revisions to prior policies:
(10/11/02) (10/16/02) (08/17/07) (12/15/09) (10/01/10) (04/16/12) (06/01/12)
(09/23/15) (07/28/16) (08/18/17) (06/16/20) (07/17/20)
I.
Purpose
A. Sanctity
of Life
Sanctity of life and the protection of the public are the
cornerstones of the MPD’s use of force policy. Officers must recognize and
respect the sanctity of life and value of all human life, and the need to treat
everyone with dignity and without prejudice.
B. State
Requirement for Policy
MN Statute section 626.8452 requires the MPD to establish and
enforce a written policy governing the use of force, including deadly force and
state-mandated pre-service and in-service training in the use of force for all
sworn MPD employees.
This policy is to be reviewed annually.
C. Use of
Force Chapter Purpose
The purpose of this chapter is to provide all sworn MPD
employees with clear and consistent policies and procedures regarding the use
of force while engaged in their official duties. This policy applies to all
licensed peace officers engaged in the discharge of official duties.
II.
Definitions
De-escalation: Taking action or communicating verbally
or non-verbally during a potential force encounter in an attempt to stabilize
the situation and reduce the immediacy of the threat so that more time,
options, and resources can be called upon to resolve the situation without the
use of force or with a reduction in the force necessary. De-escalation may
include the use of such techniques as command presence, advisements, warnings,
verbal persuasion, and tactical repositioning.
Exigent Circumstances: A rare emergency situation
requiring swift action to prevent imminent danger to life or serious harm to
another.
Flight: Is an effort by the subject to avoid arrest or
capture by fleeing without the aid of a motor vehicle.
Great Bodily Harm: Bodily injury which creates a high
probability of death, or which causes serious permanent disfigurement, or which
causes a permanent or protracted loss or impairment of the function of any
bodily member or organ, or other serious bodily harm.
Objectively Reasonable Force: The amount and type of
force that would be considered rational and logical to an “objective” officer
on the scene, supported by facts and circumstances known to an officer at the
time force was used.
Reportable Force: Force used that is required to have
some level of Force Reporting in accordance with this policy [IV-B].
Subject Behaviors:
Compliant: The person
contacted by an officer acknowledges direction or lawful orders given and
offers no passive, active, aggressive or aggravated aggressive resistance.
Passive Resistance: The
subject is not complying with an officer's commands and is uncooperative but is
taking only minimal physical action to prevent an officer from placing the
subject in custody and taking control. Examples include:
·
standing stationary and not moving upon lawful direction
·
falling limply and refusing to use their power to move (becoming
"dead weight")
·
holding onto a fixed object or locking arms to another during a
protest or demonstration
Active Resistance: The
subject’s verbal or physical actions are intended to prevent an officer from
placing the subject in custody and taking control but are not directed at
harming the officer. Examples include:
·
walking or running away
·
breaking the officer’s grip
Subject Intent to Harm:
Aggressive Resistance or Assault:
The subject displays the intent to harm the officer, themselves or another
person and to prevent an officer from placing the subject in custody and taking
control. The aggression may manifest itself through a subject:
·
taking a fighting stance
·
punching, kicking, striking
·
taking other actions which present an imminent threat of physical
harm to the officer or another
Aggravated Aggressive Resistance
or Aggravated Assault: The subject’s actions are likely to result in death
or great bodily harm to the officer, themselves or another. These actions may
include:
·
use of a firearm
·
use of a blunt or bladed weapon
·
extreme physical force
Use of Force: An intentional, direct or indirect,
bodily contact that causes pain or injury or restricts someone’s movement.
Intentionally placing someone in fear of such contact, or threatening such
contact, also constitutes 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 to another;
·
Any physical strike to any part of the body of another;
·
Any physical contact or threat of contact by the officer or a
weapon that causes or threatens to cause pain or injury to another;
·
Any physical contact or threat of physical contact by the officer
that results in restraint or physical manipulation of the physical movement of
another;
·
Unholstering or displaying a weapon, when engaged with a subject
or subjects.
Low-Level Force: Force not
intended to and with a low probability of causing injury.
Non-Deadly Force: Force that
does not have the reasonable likelihood of causing or creating a substantial
risk of death or great bodily harm. This includes, but is not limited to,
physically subduing, controlling, capturing, restraining or physically managing
any person. It also includes the actual use of any less-lethal weapons and
other weapons not normally considered deadly force options, when used
consistent with MPD training and policy.
Less-Lethal Weapon: A weapon
that does not have a reasonable likelihood of causing or creating a substantial
risk of death or great bodily harm.
Deadly Force: MN Statute
section 609.066 states that Deadly Force means: “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.”
III.
Policy
A. Force
Guiding Principles
1.
Legal standards and authorizations
a.
U.S. Constitutional standards
The Fourth Amendment of the United States Constitution and
Section 10 of the Minnesota Constitution’s Bill of Rights state:
“The right of the people to be secure in their persons,
houses, papers, and effects against unreasonable searches and seizures shall
not be violated; and no warrant shall issue but upon probable cause, supported
by oath or affirmation, and particularly describing the place to be searched
and the person or things to be seized.”
b.
Statutory authorization
MN Statute section 609.06 subd. 1 states: “Except as
otherwise provided in subdivisions 2 and 3, 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.”
2.
Do no harm
In accordance with the Sanctity of Life cornerstone, the
principle of Do No Harm provides a guiding light from which all decisions shall
flow.
a.
Sanctity of life and the protection of the public are the cornerstones
of the MPD’s use of force policy. Sworn law enforcement officers have been
granted the extraordinary authority to use force when necessary to accomplish
lawful ends. Officers must recognize and respect the sanctity of life and value
of all human life when making decisions regarding the use of force.
b.
Officers shall treat everyone with dignity and without prejudice and use
only the force that is objectively reasonable to effectively bring an incident
under control, while protecting the safety of others and the officer.
3.
Objectively reasonable force consistent with policy, law and training
a.
Sworn MPD employees shall only use the amount of force that is
objectively reasonable.
i.
The decision by an officer to use force or deadly force shall be
evaluated from the perspective of a reasonable officer in the same situation,
based on the totality of the circumstances known to or perceived by the officer
at the time, rather than with the benefit of hindsight, and that the totality
of the circumstances shall account for occasions when officers may be forced to
make quick judgments about using such force.
ii.
Sworn MPD employees should use the lowest level of force necessary for
safety and control; When lower levels of force do not work, would not work or
are too unsafe to try, higher levels of force may be used for control and
safety. Force may also be used for life-saving purposes.
iii.
Physical force shall not be used against individuals in restraints,
except as objectively reasonable to prevent their escape or prevent imminent
bodily injury to the individual, the officer, or another person. In these
situations, only the amount of force necessary to control the situation shall
be used. Force used against a restrained or handcuffed individual shall be
viewed with increased scrutiny in determining reasonableness.
iv.
These facts and circumstances shall be articulated when
documenting force (in accordance with the Force Reporting section in this
policy).
b.
Sworn MPD employees are only authorized to use force consistent with MPD
training. Just because force is legally justified does
not automatically mean that using force or the level of force is authorized by
policy; for example, some specific types of use of force are limited to
specific circumstances and force must comply with all applicable sections of
policy including those related to de-escalation.
Some specific examples include that:
·
While MN Statute includes Choke Holds as legally permissible in
Deadly Force situations, MPD officers are prohibited from using such techniques,
including in Deadly Force situations (see the Prohibition on Neck Restraints
and Choke Holds section in P&P 5-302).
·
Discharging firearms at motor vehicles is restricted under the
Firearms section in P&P 5-302.
c.
Force, or the threat of force, shall not be used as a means of
retaliation, punishment, or unlawful coercion.
d.
Officers shall exercise special care when interacting with individuals
with known physical, mental health, developmental, or intellectual disabilities
as an individual's disability may affect the individual's ability to understand
or comply with commands from officers.
4.
Announce arrests
When making an arrest officers shall verbally announce the
arrest to the subject, when feasible, in accordance with arrest, search and
seizure, and warrant-related policies and procedures (P&P 9-100, P&P
9-200 and P&P 9-300), and consistent with training.
a.
When force may be used to make an arrest
In accordance with MN Statute section 629.33, if an officer
has informed a subject that the officer intends to arrest the subject, and if
the subject then flees or forcibly resists arrest, the officer may use all
necessary and lawful means to make the arrest but may not use deadly force
unless authorized to do so under section 609.066. Such force shall be
consistent with all sections in P&P 5-300.
b.
Minimum restraint allowed for arrest
In accordance with MN Statute section 629.32, an officer
making an arrest may not subject the person arrested to any more restraint than
is necessary for the arrest and detention.
c.
Inform subject about warrant
In accordance with MN Statute section 629.32, the officer
shall inform the subject that the officer is acting under a warrant, and shall
show the subject the warrant if requested to do so. An arrest by an officer
acting under a warrant is lawful even though the officer does not have the
warrant in hand at the time of the arrest, but if the arrested person so
requests the warrant must be shown to that person as soon as possible and
practicable. An officer may lawfully arrest a person when advised by any other
peace officer in the state that a warrant has been issued for that person.
Note: The officer can show the warrant via the squad
computer.
B. Authorized
Use of Deadly Force
In accordance with MN Statute section 609.066 subd. 2:
1.
The use of deadly force by a peace officer in the line of duty is
justified only if an objectively reasonable officer would believe, based on the
totality of the circumstances known to the officer at the time and without the
benefit of hindsight, that such force is necessary:
a.
To protect the peace officer or another from death or great bodily harm,
provided that the threat:
i.
can be articulated with specificity;
ii.
is reasonably likely to occur absent action by the law enforcement
officer; and
iii.
must be addressed through the use of deadly force without unreasonable
delay; or
b.
To effect the arrest or capture, or prevent the escape, of a person whom
the peace officer knows or has reasonable grounds to believe has committed or
attempted to commit a felony and the officer reasonably believes that the
person will cause death or great bodily harm to another person under the threat
criteria in clause [1-a], items [i] to [iii], unless immediately apprehended.
2.
A peace officer shall not use deadly force against a person based on the
danger the person poses to self if an objectively reasonable officer would
believe, based on the totality of the circumstances known to the officer at the
time and without the benefit of hindsight, that the person does not pose a
threat of death or great bodily harm to the peace officer or to another under
the threat criteria in clause [1-a], items [i] to [iii].
In accordance with MN Statute section 626.8452 subd. 1a:
3. Officers
shall not use deadly force except in accordance with MN Statute section
609.066, and even in those circumstances officers shall first consider all
reasonable alternatives including less lethal measures, before using deadly
force.
Warn of intent:
4.
Where feasible, officers shall identify themselves as law enforcement
officers and warn of their intent to use deadly force.
C. Duty to
Intervene
1.
Sworn employees have an obligation to protect the public and other
employees.
2.
Regardless of tenure or rank, any sworn employee who observes another
employee use any prohibited force, or inappropriate or unreasonable force
(including applying force when it is no longer required), must attempt to
safely intervene by verbal and physical means, and if they do not do so shall
be subject to discipline to the same severity as if they themselves engaged in
the prohibited, inappropriate or unreasonable use of force.
D. Officers’
Actions Leading to Unnecessary Risk
1.
Officers’ actions that unnecessarily place themselves, suspects, or the public
at risk
An officer’s conduct or actions may influence the amount of
force used in each situation. A lack of reasonable or sound tactics can limit
options available to officers, and unnecessarily place officers and the public
at risk.
a.
Officers shall use reasonableness, sound tactics and available options
during encounters to maximize the likelihood that they can safely control the
situation.
b.
Officers shall not purposefully use words or actions that a reasonable
officer would conclude are intended to incite or escalate reactive behavior.
Prohibited conduct includes but is not limited to taunting individuals.
2.
Officers’ actions to safeguard the sanctity of life
Officers should consider their positioning and attempt to
place themselves in the best tactical position possible, in order to maximize
their ability to safely resolve a dangerous threat. The sanctity of life should
be the guiding principle for officers during these situations and they should
attempt to reduce the likelihood of a deadly force encounter as much as
possible.
E. Medical
Treatment and Use of Force
1.
Any sworn MPD employee who uses force shall, as soon as reasonably
practical, determine if anyone was injured and render medical aid consistent
with training and request Emergency Medical Service (EMS) if necessary (in
accordance with P&P 7-350). Some force control options involve or require
additional medical attention. This includes subjects who have visible injuries,
lose consciousness, complain of injury or request medical attention.
2.
Medical aid rendered consistent with policy is not a reportable use of
force.
F. Threatening
the Use of Force
As an alternative or precursor to the actual use of force,
MPD officers shall consider verbally announcing their intent to use force,
including displaying an authorized weapon as a threat of force, when reasonable
under the circumstances. The threatened use of force shall only occur in
situations that an officer reasonably believes may result in the authorized use
of force. This policy shall not be construed to authorize unnecessarily harsh
language.
G. De-escalation
1.
When all of the reasonably known circumstances
indicate it is safe and feasible to do so, officers shall:
a.
Attempt to slow down or stabilize the situation so that more time,
options and resources may become available.
b.
Consider, based on the officer’s actual observations and in the totality
of the circumstances, whether a subject’s lack of compliance is a deliberate
attempt to resist or an inability to comply based on factors including, but not
limited to, the subject’s emotions and behavior.
2.
De-escalation tactics include, but are not limited to:
·
Requesting additional officers and other resources to the scene,
which may make more force options available and may help minimize the overall
force used.
·
Placing barriers between an uncooperative subject and an officer.
·
Attempting to isolate the subject and contain the scene.
·
Minimizing risk from a potential threat using distance, cover or
concealment.
3.
An officer shall use de-escalation techniques and other alternatives to
higher levels of force consistent with their training whenever feasible and
appropriate before resorting to force and to reduce the need for force.
4.
Prior to using force, officers shall attempt to use the following
concepts and tactics when safe and feasible, which may help officers minimize
risk to themselves and others.
a.
Identify themselves as a police officer,
b.
Attempt to verbally de-escalate,
c.
Attempt to use additional de-escalation tactics or control options,
d.
Give commands to be followed, and afford the person a reasonable
opportunity to comply. Whenever possible and when such delay will not
compromise the safety of another or the officer and will not result in the
destruction of evidence, escape of a suspect, or commission of a crime, an
officer shall allow an individual time and opportunity to comply with verbal
commands before force is used.
5.
If use of force is initiated, force shall be de-escalated immediately as
resistance decreases or control is achieved.
H. Report
Required
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 reportable force was
used (in accordance with [IV-B]). All uses of force shall be documented and
investigated pursuant to MPD’s policies.
I. Training
1.
All officers shall receive training, at least annually, on the MPD’s use
of force policy and related legal updates (in accordance with P&P 2-500 and
any policies related to specific tools or weapons).
2.
In addition, training shall be provided on a regular and periodic basis
and designed to:
a.
Provide techniques for the use of and reinforce the importance of
de-escalation.
b.
Simulate actual shooting situations and conditions; and
c.
Enhance officers’ exercise of discretion and judgement in using other
than deadly force in accordance with this policy.
3.
Before being authorized to carry a firearm all officers shall receive
training and instruction with regard to the proper use of deadly force and to
the MPD’s policies and MN Statutes with regard to such force (in accordance
with P&P 5-302, P&P 3-200 and P&P 5-400). Such training and
instruction shall continue on an annual basis.
4.
Before carrying an authorized device, all officers shall receive
training and instruction in the use of the device including training as it
relates to its use in deadly force and other than deadly force situations (in
accordance with P&P 3-200 and P&P 5-302). Such training and instruction
shall continue on an annual basis.
5.
The Chief of Police shall ensure that the MPD maintains records of the
MPD’s compliance with use of force training requirements.
IV.
Procedures/Regulations
A. Transfer
of Custody
Prior to transferring custody of a subject that force was
used upon, sworn MPD employees shall verbally notify the receiving agency or
employee of:
·
The type of force used,
·
Any injuries or alleged injuries sustained,
·
Any medical aid rendered, and
·
Whether EMS was called and if so, whether EMS made contact with
the patient, whether the patient refused or accepted EMS, and whether the
patient was transported by EMS for further treatment.
Definitions
Refer to the Commonly Used Terms page for general definitions.