(09/08/20) (12/22/20) (03/12/21)
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
(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 by the law enforcement officer;
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 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.
B. Use
of Force and De-escalation Reporting
1.
Force and De-escalation Reporting elements
Force and De-escalation Reporting may consist of some or all
of the following elements, depending on the incident and the specific force
used:
·
Documenting the force used through the Use of Force details page.
·
Describing the incident, de-escalation efforts and the force used
through a Narrative Text with the report.
·
Notifying a Supervisor of the force used and the incident
circumstances.
a.
Force Reporting in PIMS
i.
In order to complete a Use of Force details page, a full Police Report
(GO), Supplemental Report (GO) or Street Check is required so that entities can
be properly entered and linked.
ii.
When force is documented in a Police Report under this policy, the
report shall include the code or type “FORCE.”
b.
Supervisor notification of force
i.
When Supervisor notification is required, the employee who used force
shall remain on scene and immediately make direct contact with a supervisor by
phone or radio.
ii.
The notification to the supervisor ensures that the requirements of the
Supervisor Force Review section of this policy (P&P 5-301) can be fulfilled
by the supervisor.
2.
Force Reporting timeliness
a. In
Critical Incidents, Force Reporting shall be done in accordance with P&P
7-810. When a Police Report is required in accordance with P&P 7-810, any associated
Force Reports shall be completed at the same time as the required Police
Report.
b.
In all other cases, all required Force Reporting shall be completed as
soon as practical, but no later than the end of the shift.
3.
Force-related items to include in Narrative Text
When documenting force in an incident through a Narrative
Text with a Police Report or Street Check, officers shall describe in the
narrative:
a.
Any efforts to de-escalate prior to the use of force.
b.
Why the officer decided to use force.
c.
Why the officer decided to use the level or levels of force used.
d.
Whether the subject was injured, displayed signs of an injury, or
complained of an injury. This includes pre-existing injuries aggravated by or
injuries suffered as the result of the force used.
e.
Whether medical aid was rendered or Emergency Medical Services (EMS) was
called, and whether the officer who used force was the same officer who
rendered aid or called EMS.
f.
Whether the subject was transported to the hospital, and if so:
·
Whether the transportation was because of force used.
·
Whether MPD, EMS or another agency made the transport.
4.
De-escalation Reporting Requirements
Any time a Use of Force details page is required for a Use of
Force incident the officer shall document their de-escalation efforts in the Narrative
Text.
5.
Force and De-escalation Reporting Requirements
a.
No Use of Force details page, Narrative Text or Supervisor notification
required
The following listed actions do not require any Force
Reporting unless otherwise required by this policy:
·
Presence
·
Verbal commands
b.
Use of Force details page and Narrative Text required
i.
A Use of Force details page and Narrative Text are required when any of
the following listed force options or actions are deployed at or used with a
subject:
·
Escort holds
·
Joint manipulation
·
Nerve pressure points (Touch pressure)
·
Handcuffing
·
Unholstering or displaying a weapon when engaged with a subject
or subjects (including unholstering firearms, unfolding a baton, etc.), without
pointing it at a subject
·
Verbal threats to use less-lethal weapons such as chemical
agents, conducted energy weapons (CEWs) or 40mm launchers
·
Less-lethal weapon pointing (when a less-lethal weapon is aimed
or arced at a subject or subjects with the intent to use or imply the use of
the weapon, including arcing or red-dotting of a CEW)
·
Chemical agent exposures in situations that are not civil
disturbances or assemblies (in accordance with P&P 5-303), which require
higher level reporting
·
Verbal threats to use Deadly Force
·
Firearm pointing (When a firearm is aimed at a subject or
subjects with the intent to use or imply the use of Deadly Force)
ii.
The listed force options do not require Supervisor notification unless:
aa. An
injury or alleged injury occurred.
ab. The
incident aggravated a preexisting injury.
iii.
Handcuffing in mass arrests
aa. If
the Chief, Assistant Chief or a Deputy Chief gives authorization during a mass
arrest situation (which involves multiple officers and typically involves more
than five arrestees), officers who only apply handcuffs and escort someone to a
transport vehicle, with no additional force used to control the subject and no
injuries resulting, do not have to submit a Use of Force details page for the
handcuffing and escort.
ab. The
officer shall still enter a Narrative Text for the incident and describe their
actions.
ac. The
incident commander shall ensure that such authorization is documented in the
Police Report, including the person who gave the authorization.
ad. If
the officer used additional force to control the subject (beyond handcuffing
and escorting) or injuries resulted from the force used by the officer, the
officer shall submit the Use of Force details page.
c.
Use of Force details page, Narrative Text and Supervisor notification
required
i.
A Use of Force Details page, Narrative Text and a Supervisor
notification are required when any of the following listed force options are
deployed at or used with a subject:
·
Maximal restraint technique (MRT) applications
·
Bodily force (other than escort holds, joint manipulation and
nerve pressure points)
·
Takedown techniques or tackles (using
physical force to direct a person to the ground)
·
Chemical agent exposures during civil disturbances and assemblies
(in accordance with P&P 5-303)
·
40mm less-lethal round discharges
·
Impact weapon use
·
Conducted energy weapon (CEW) discharges or drive-stun
applications
·
Canine apprehensions with a physical dog bite
·
Deadly Force
ii.
A Use of Force Details page, Narrative Text and a Supervisor
notification are required for any force options that were previously covered in
this policy on Force Reporting when:
aa. An
injury or alleged injury occurred.
ab. The
incident aggravated a preexisting injury.
iii.
A Use of Force Details page, Narrative Text and a Supervisor
notification are also required for any force options not covered in this policy
on Force Reporting.
C. In-custody
Injury or Illness Reporting (Not From Force)
If an individual in custody suffers an
injury or an illness or aggravates a pre-existing injury, not due to force used,
the sworn employee shall document it through a Narrative Text, and shall notify
a supervisor so the supervisor can respond and complete the Supervisor Force
Review.
D. Supervisor
Force Review
1.
No Review of Own Use of Force
Supervisors shall not conduct a Supervisor Force Review on
their own use of force.
a.
If a supervisor uses force that requires a supervisor notification per
policy, they shall not conduct any Supervisor Force Review for any other sworn
employees at the scene.
b.
If an individual in a supervisor’s custody suffers an injury or illness
not from force, the supervisor shall not conduct any Supervisor Force Review
for the in-custody injury or illness.
c.
Any other supervisor of any rank who did not use such force or have
custody shall conduct the Supervisor Force Reviews.
2.
On-duty Supervisor Responsibilities
The supervisor who is notified of a Use of Force or
In-Custody Injury or Illness incident by any sworn MPD employee shall:
a.
Determine if the incident meets the criteria for a Critical Incident. If
so, follow the Critical Incidents policy (P&P 7-810).
b.
Instruct the involved employees to have the subject remain on-scene
until the supervisor arrives, if it is reasonable to do so.
·
If the subject does not remain on-scene, the supervisor shall go
to the subject’s location, if necessary, to complete the investigation.
c.
Respond to the incident scene and conduct a preliminary investigation of
the Use of Force or In-Custody Injury or Illness incident.
i.
Debrief the employee(s) who engaged in the use of force.
ii.
Note any reported injury or alleged injury to any individual involved.
iii.
Photograph:
·
the force subject, including any visible injuries
·
the immediate area of the force event
·
injuries to any other individual involved in the force event
·
damage to equipment or uniforms caused by the force event
iv.
Note any medical aid/EMS rendered to any individual involved.
v.
Locate and review any evidence related to the force or injury incident
(e.g. BWC, MVR, security video, private cameras, etc.).
vi.
Ensure any on-scene evidence is preserved and collected.
vii. Locate
and identify witnesses to the use of force or injury incident.
viii. Obtain statements from
witnesses to the use of force or injury incident.
ix.
Contact the Internal Affairs unit Commander immediately by phone if the
force used appears to be unreasonable or appears to constitute possible
misconduct.
d. Complete
and submit both the Supervisor Use of Force Review (Template) and a Summary
(Narrative Text) as soon as practical, but prior to the end of that shift.
i.
Ensure that all actions taken in the preliminary investigation process
and the information obtained from these actions are included in the Summary and
that all other relevant information is entered in the appropriate sections of
the report.
ii.
If, based upon the totality of the information available at the time of
the report, the supervisor feels that the use of force may have been
unreasonable or not within policy, the supervisor shall:
·
State in the Summary that they believe the use of force requires
further review; and
·
Notify the Commander of Internal Affairs of their findings that
the force requires further review.
e.
Review all sworn employees’ reports and supplements related to the use
of force or injury incident for completeness and accuracy.
3.
Supervisor Force Reviews in Civil Disturbances and Assemblies
During civil disturbances or assemblies (in accordance with
P&P 5-303), supervisors shall complete the Supervisor Force Review
requirements to the best of their ability, with the information available to
them (which may be limited). At a minimum, the review should include:
·
The type of force used
·
The amount of force used
·
The basis for the force used
Definitions
Refer to the Commonly Used Terms page for general definitions.