5-301
USE OF FORCE
(09/08/20) (12/22/20)
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 3-204 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.
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.
Definitions
Refer to the Commonly Used Terms page for general definitions.