5-301 - Use of Force

(09/08/20)

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)

 

1. PURPOSE

 

1. 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.

    

2. 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.

    

3. 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.

 

1. DEFINITIONS

    

   De-escalation: A dynamic spectrum of integrated strategies and tactics attempted by officers to lower the intensity of interactions between police, people in crisis or potentially violent individuals, and the public, with the goal of gaining voluntary compliance and avoiding or minimizing use of physical force.

    

   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: 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
   • attacking with weapons
   • taking other actions which present an imminent threat of physical harm to the officer or another

    

   Aggravated Aggressive Resistance: The subject’s actions are likely to result in death or serious 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.”

    

2. POLICY

    

   1. Force Guiding Principles

       

      1. Legal Standards and Authorizations

          

         1. 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.”

             

         2. 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.”

    

   1. 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.

       

   2. Objectively Reasonable Force Consistent with Law and Training

    

   1. Based on the Fourth Amendment’s “reasonableness” standard, sworn MPD employees shall only use the amount of force that is objectively reasonable in light of the facts and circumstances known to that employee at the time force is used.

       

   2. 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.

    

    

    

   1. Force, or the threat of force, shall not be used as a means of retaliation, punishment, or unlawful coercion.

    

   1. Announce Arrests

       

      When making an arrest officers shall verbally announce the arrest to the subject, when possible, 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.

    

   1. 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.

       

   2. 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.

       

   3. 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.

    

   1. Proportionality of Force

       

      1. Sworn MPD employees should use the lowest level of force needed to safely control a subject regardless of what action the subject takes with the officer.

          

         1. Force should only be used when in proportion to the threat of harm to officers or others or to the extent of threatened property damage. The use of force must be legally justified, reasonably proportionate to the threat posed, and balanced with the societal interest at stake.

             

         2. Additional force used against a restrained or handcuffed individual shall be viewed with increased scrutiny in determining reasonableness.

    

   1. 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.

    

   1. The level of force used is determined by known, articulable facts at the time of the use of force action.

       

   2. These facts shall be articulated when documenting force (in accordance with the Force Reporting section in this policy).

    

   1. Authorized Use of Deadly Force

    

   In accordance with recently passed legislation amending 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:

    

   1. To protect the peace officer or another from death or great bodily harm, provided that the threat:

       

      1. can be articulated with specificity by the law enforcement officer;

          

      2. is reasonably likely to occur absent action by the law enforcement officer; and

          

      3. must be addressed through the use of deadly force without unreasonable delay; or

          

   2. 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.

    

   1. 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 recently passed legislation amending MN Statute section 626.8452 subd. 1a:

    

   1. 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.

    

    

    

    

   1. 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.

       

   2. 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.

    

   1. Officers shall use reasonableness, sound tactics and available options during encounters to maximize the likelihood that they can safely control the situation.

       

   2. 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.

    

   1. Officers’ Actions to Safeguard the Sanctity of Life

    

   Officers should 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.

    

   1. Medical Treatment and Use of Force

       

      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.

    

   1. 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.

       

   2. De-escalation

    

   1. When all of the reasonably known circumstances indicate it is safe and feasible to do so, officers shall:

       

      1. Attempt to slow down or stabilize the situation so that more time, options and resources may become available.

    

   1. 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 thoughts, emotions and behavior.

    

   1. 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.

    

   1. 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.

       

      • Identify themselves as a police officer,
      • Attempt to verbally de-escalate,
      • Attempt to use additional de-escalation tactics or control options,
      • Give commands to be followed, and
      • Afford the person a reasonable opportunity to comply.

         

   2. If use of force is initiated, force shall be de-escalated immediately as resistance decreases or control is achieved.

    

   1. 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]).

    

3. PROCEDURES/REGULATIONS

 

1. 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.

    

2. 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.
   • Documenting the de-escalation efforts in a Use of Force incident 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.

    

   1. Force Reporting in PIMS

       

      1. 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.

          

      2. When force is documented in a Police Report under this policy, the report shall include the code or type “FORCE.”

    

   1. Supervisor notification of force

       

      1. 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.

       

      1. 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.

    

    

   1. Force Reporting timeliness

    

   1. 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.

    

    

   1. In all other cases, all required Force Reporting shall be completed as soon as practical, but no later than the end of the shift.

    

   1. 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:

       

      1. Any efforts to de-escalate prior to the use of force.

          

      2. Why the officer decided to use force.

          

      3. Why the officer decided to use the level or levels of force used.

    

   1. 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.

       

   2. 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.

       

   3. 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.

    

   1. 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 Use of Force details page.

    

   1. Force and De-escalation Reporting Requirements

    

   1. 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

    

   1. Use of Force details page and Narrative Text required

    

   1. 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), 40mm launchers or remote restraint devices
   • 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)

    

   1. The listed force options do not require Supervisor notification unless:

    

   1. An injury or alleged injury occurred.

       

   2. The incident aggravated a preexisting injury.

    

   1. Use of Force details page, Narrative Text and Supervisor notification required

    

   1. 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)
   • Remote restraint device discharges
   • 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

    

   1. 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:

    

   1. An injury or alleged injury occurred.

       

   2. The incident aggravated a preexisting injury.

    

   1. 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.

    

   1. 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 officer shall document that in the Use of Force details page and through a Narrative Text, and shall notify a supervisor.

    

3. Supervisor Force Review

 

1. No Review of Own Use of Force

    

   Supervisors shall not conduct a force review on any Use of Force incident in which they used any force. Any other supervisor of any rank shall conduct the force review.

    

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:

 

1. Determine if the incident meets the criteria for a Critical Incident. If so, follow the Critical Incidents policy (P&P 7-810).

    

2. 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.

    

3. Respond to the incident scene and conduct a preliminary investigation of the Use of Force or In-Custody Injury or Illness incident.

    

   1. Debrief the employee(s) who engaged in the use of force.

       

   2. Note any reported injury or alleged injury to any individual involved.

       

   3. 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

    

   1. Note any medical aid/EMS rendered to any individual involved.

       

   2. Locate and review any evidence related to the force or injury incident (e.g. BWC, MVR, security video, private cameras, etc.).

       

   3. Ensure any on-scene evidence is preserved and collected.

       

   4. Locate and identify witnesses to the use of force or injury incident.

       

   5. Obtain statements from witnesses to the use of force or injury incident.

    

   1. Contact the Internal Affairs unit Commander immediately by phone if the force used appears to be unreasonable or appears to constitute possible misconduct.

    

4. 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.

    

   1. 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.

       

   2. 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.

    

    

5. 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.