5-301 - Use of Force

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.

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.

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.

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.”

Force Guiding Principles

Legal standards and authorizations

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.”

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.”

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.

1. 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.
2. 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.

Objectively reasonable force consistent with policy, law and training

1. Sworn MPD employees shall only use the amount of force that is objectively reasonable.

1. 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.
2. 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.
3. 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.
4. These facts and circumstances shall be articulated when documenting force (in accordance with the Force Reporting section in this policy).

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.

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.

3. Force, or the threat of force, shall not be used as a means of retaliation, punishment, or unlawful coercion.
4. 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.

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.

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.

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.

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.

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:

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

1. can be articulated with specificity;

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.

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.

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.

Officers’ Actions Leading to Unnecessary Risk

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.

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.

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.

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.

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.
2. 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.

1. Identify themselves as a police officer,

2. Attempt to verbally de-escalate,
3. Attempt to use additional de-escalation tactics or control options,
4. 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.

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.

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:

1. Provide techniques for the use of and reinforce the importance of de-escalation.

2. Simulate actual shooting situations and conditions; and
3. 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.

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.