5-302 USE OF
FORCE CONTROL OPTIONS
(09/08/20) (12/22/20)
Revisions to prior policies: (05/29/02) (10/16/02) (08/17/07) (12/15/09) (10/01/10)
(04/16/12) (06/01/12) (07/16/12) (09/04/12) (06/10/13) (10/07/13) (06/13/14) (04/30/15)
(09/23/15) (04/05/16) (07/28/16) (07/13/17) (04/02/18) (07/16/19) (10/18/19)
(06/11/20) (06/16/20) (08/21/20)
I.
PURPOSE
A.
The MPD recognizes that combative, non-compliant, armed or
otherwise violent subjects cause handling and control problems that require
special training and equipment.
B.
The MPD has adopted the less-lethal force philosophy to
assist with the de-escalation of these potentially violent confrontations.
C.
This policy addresses the use and deployment of all force
control options that are available to sworn employees.
Control options covered:
Restraints:
Handcuffing
Maximal restraint technique (MRT)
(hobble restraint)
Bodily force
Less-lethal 40mm launcher and
impact projectiles
Chemical agents
Conducted electronic weapons
(CEWs)
Impact weapons
Canine
Neck restraints and choke holds
(prohibited)
Firearms
II.
POLICY
A.
Authorized Control Options and Use of Unauthorized Control
Options
1. Sworn
MPD employees shall only carry and use MPD approved weapons for which they are currently
trained and authorized to use through the MPD Training Division, except in
exigent circumstances. An authorized device is a device an officer has received
permission from the MPD to carry and use in the discharge of that officer’s
duties, and for which the officer has:
a. Obtained
training in the technical, mechanical and physical aspects of the device; and
b. Developed
a knowledge and understanding of the MPD policy, law, rules and regulations
regarding the use of such a device.
2.
All use of force control options and weapons shall be in accordance with
the standards and requirements in P&P 5-301.
a.
Force control options shall only be used in a manner that would be found
objectively reasonable (in accordance with P&P 5-301).
b. If
lower levels of force are ineffective, higher levels of force may be used for
control and safety, subject to any additional restrictions on specific options
or limitations in P&P 5-300.
3.
If an exigent circumstance exists that poses an imminent threat to the
safety of the employee or the public requiring the immediate use an improvised
weapon of opportunity, the employee may use the weapon in accordance with the
standards in P&P 5-301 (including, but not limited to, the section on
Objectively Reasonable Force Consistent with Policy, Law and Training).
4. The
use of a firearm, vehicle, less-lethal or non-lethal weapon, or other
improvised weapon by an officer may constitute the use of deadly force. This
policy does not prevent a sworn employee from drawing a firearm or being
prepared to use a firearm in threatening situations, in accordance with P&P
5-301 and the firearm section in this policy (P&P 5-302).
B. Limitations
on the Use of Certain Restraints
1. In
accordance with MN Statute section 609.06, the following restraints shall not
be used unless MN Statute section 609.066 authorizes the use of deadly force to
protect the officer or another from death or great bodily harm:
a. Tying
all of a person's limbs together behind the person's back to render the person
immobile; or
b. Securing
a person in any way that results in transporting the person face down in a
vehicle.
2. Less-lethal
measures must be considered by the officer prior to applying these measures.
3. Neck
Restraints and choke holds are prohibited, in accordance with the section in
this policy (P&P 5-302) covering neck restraints and choke holds.
C. Handcuffing
1. Authorized
use
a. Arrests
i.
To minimize the risk of injury to officers and others during arrest
situations, officers shall handcuff all persons arrested as soon as possible
(in accordance with P&P 9-100).
ii. Handcuffs
are authorized when transporting in-custody subjects (in accordance with
P&P 9-100).
b. Investigative
detentions (“Terry Stops”)
i.
Handcuff use during investigative detentions is authorized when one or
more of the following factors are present:
aa. Articulable
facts that the subject is physically uncooperative;
ab. Articulable facts that
a subject’s actions at the scene may present physical danger to themselves or
others if not restrained;
ac. Reasonable possibility
of flight based on the circumstances;
ad. Information that the
subject is currently armed;
ae. The stop closely
follows a violent crime and the subject matches specific parts of a description;
or
af. The number of
subjects involved in the stop causes an articulable safety concern; or
ag. Articulable facts that
a crime of violence is about to occur.
ii.
Care and discretion should be used with individuals at extremes of age
in handcuffing such individuals during an investigative detention.
iii. The authority to
handcuff during investigatory stops continues for only as long as the
circumstances above exist.
c. Suicidal
persons
Handcuffs are authorized when
engaging a person who is reasonably believed to be suicidal.
d. Search
warrant service
i.
Handcuffs are authorized when executing a search warrant at a private
residence as is reasonably necessary to execute the warrant in safety.
ii. Handcuffs
are authorized when executing a search warrant at a commercial business open to
the public if it reasonably appears that handcuffing is necessary to protect an
officer or others from physical harm. Circumstances that justify initial
handcuffing may change and eliminate continued justification.
e. Detoxification
subjects
Handcuffs are authorized when
transporting detoxification subjects.
2. Unauthorized
use
a. If
medical circumstances make it unreasonable to handcuff an arrestee, officers
shall refrain from handcuffing.
b. When
responding to a scene where a subject has already been placed in handcuffs
prior to arrival, officers shall not place MPD handcuffs on the subject until
they have reasonable suspicion or probable cause based on their independent
investigation or findings.
3. Checking
handcuffs
a. Officers
shall check handcuffs for tightness and double lock as soon as it is safe to do
so prior to transport.
b. When
a handcuffed subject first complains that handcuffs are too tight or are
hurting the subject, the officer having custody of the handcuffed subject
shall, as soon as reasonably possible, check the handcuffs to make sure that
they are not too tight. If they are too tight (per training), they shall be
loosened and relocked.
D. Maximal
Restraint Technique (MRT)
The Maximal
Restraint Technique (MRT) is used to secure a subject’s feet to their waist in
order to prevent the movement of legs and limit the possibility of property
damage or injury to the subject or others.
Hobble Restraint Device: A device
that limits the motion of a person by tethering both legs together. Ripp Hobble
™ is the only authorized brand to be used.
Prone Position: For purposes of
this policy, the term Prone Position means to lay a restrained subject face
down on their chest.
Side Recovery Position: Placing a
restrained subject on their side in order to reduce pressure on the subject’s
chest and facilitate breathing.
1. Use
of the MRT
a. The
hobble restraint device may be used to carry out the Maximal Restraint
Technique, consistent with training offered by the Minneapolis Police
Department on the use of the Maximal Restraint Technique and the Use of Force
policy.
b.
The Maximal Restraint Technique shall only be used on combative
handcuffed subjects when objectively reasonable to prevent the escape of the
subject or to prevent imminent bodily injury to the individual, the officer, or
another person.
c. Using
the hobble restraint device, the MRT is accomplished in the following manner:
i.
One hobble restraint device is placed around the subject’s waist.
ii. A
second hobble restraint device is placed around the subject’s feet.
iii. Connect the
hobble restraint device around the feet to the hobble restraint device around
the waist in front of the subject.
iv. Do not
tie the feet of the subject directly to their hands behind their back. This is
also known as a hogtie.
d. A
supervisor shall be called to the scene where a subject has been restrained
using the MRT to evaluate the manner in which the MRT was applied and to
evaluate the method of transport.
2. Safety
a. As
soon as reasonably possible, any person restrained using the MRT who is in the
prone position shall be placed in the following positions based on the type of
restraint used:
i.
If the hobble restraint device is used, the person shall be placed in
the side recovery position.
b. When
using the MRT, an EMS response should be considered.
c. Under
no circumstances shall a subject restrained using the MRT be transported in the
prone position.
d. Officers
shall monitor the restrained subject until the arrival of medical personnel, if
necessary, or transfer to another agency occurs.
e. In
the event any suspected medical conditions arise prior to transport, officers
shall notify paramedics and request a medical evaluation of the subject or
transport the subject immediately to a hospital.
f.
A subject under Maximal Restraint should be transported by a two-officer
squad, when feasible. The restrained subject shall be seated upright, unless it
is necessary to transport them on their side. The MVR should be activated
during transport, when available.
g. Officers
shall also inform the person who takes custody of the subject that the MRT was
applied.
3. Reporting
a. Anytime
the hobble restraint device is used, officers’ Use of Force reporting shall
document the circumstances requiring the use of the restraint and the technique
applied, regardless of whether an injury was incurred.
b. Supervisors
shall complete a Supervisor’s Force Review.
c. When
the Maximal Restraint Technique is used, officers’ report shall document the
following:
·
How the MRT was applied, listing the hobble restraint device as
the implement used.
·
The approximate amount of time the subject was restrained.
·
How the subject was transported and the position of the subject.
·
Observations of the subject’s physical and physiological actions
(examples include: significant changes in behavior, consciousness or medical
issues).
E. Bodily
Force
1.
Bodily force (also known as empty hand tactics) includes but is not
limited to:
·
Escort holds (temporary holding of the hand, wrist, arm or
shoulder to physically control or direct a subject)
·
Join manipulations (physically contorting a subject’s joint to
control or limit movement)
·
Nerve pressure points (touch pressure)
·
Joint locks (manipulating a subject’s joint until it reaches its
maximal degree of motion and hyperextension- wrist lock, shoulder lock, elbow
lock, etc.)
·
Body weight to pin
·
Takedown techniques or tackles (Using physical force to direct a
person to the ground)
·
Pushes
·
Strikes (punches, kicks, knees, slaps)
2. Neck
restraints and choke holds are considered separate control options under this
policy (and are not included as bodily force).
3. Strikes
(punches, kicks, knees, slaps)
a. Strikes
may be used:
i.
On subjects who are exhibiting Aggressive Resistance or Assault, or;
ii. For
life saving purposes, or;
iii. On subjects who
are Actively Resisting if lesser attempts at control have been or would likely
be ineffective (in accordance with section in P&P
5-301 on Objectively Reasonable Force Consistent with Policy, Law and Training).
b. Strikes
shall not be used against persons who are Compliant or are Passively Resisting
as defined by policy.
4. In
addition to standard medical treatment after use of force (in accordance with
P&P 5-301), when officers administer strikes, or if bodily force causes a
subject’s head to strike an object or surface, treatment for the subject shall
include visually inspecting the areas struck for signs of injury, when
appropriate. Officers shall routinely monitor the medical condition until they
are released to medical or other law enforcement personnel.
F. Less-Lethal
40mm Launcher and Impact Projectiles
The 40mm less-lethal round is a
direct fire round used in situations where maximum deliverable energy is
desired for the incapacitation of an aggressive, non-compliant subject.
1. 40mm
less-lethal round authorization
a. This
policy applies to officers who are not working in a certified SWAT capacity.
b. The
40mm launcher with the 40mm less-lethal round should not be used in deadly
force situations without firearm backup.
i.
The use of the 40mm less-lethal round should be considered a level
slightly higher than the use of an impact weapon and less than deadly force
when deployed to areas of the subject’s body that are considered unlikely to
cause death or serious physical injury.
ii. Prior
to using less-lethal options, officers need to consider any risks to the public
or themselves.
iii. When using the
40mm less-lethal round, consideration shall be given as to whether the subject
could be controlled by any other reasonable means without unnecessary risk to
the subject, officers, or to the public, in accordance with knowledge and
training in use of force and MPD policies governing the use of deadly and
non-deadly force.
c. Only
officers trained in the use of the 40mm launcher and 40mm less-lethal round are
authorized to carry and use them.
d. Officers
who are not working in a certified SWAT capacity shall not deploy 40mm
launchers for crowd control purposes or in civil disturbances or assemblies,
unless assigned to do so in accordance with P&P 5-303. The use of 40mm
launchers in crowd control situations by officers working in a certified SWAT
capacity is covered in P&P 5-303.
2. Standard
projectiles
a. Officers
shall only carry MPD-approved 40mm rounds. Ammunition specifications are
available from the Range Master.
b. The
MPD Range shall issue 40mm rounds with each launcher depending on the needs of
the 40mm Operator Program. The MPD Range shall replace any rounds used or
damaged as needed.
3. Target
areas
a. The
primary target areas for the 40mm less-lethal round should be the large muscle
groups in the lower extremities including the buttocks, thigh, knees.
Alternative target areas include the ribcage area to the waist, and the larger
muscle areas of the shoulder areas. Areas to avoid when using the 40mm
less-lethal round are the head, neck, spinal cord, groin and kidneys.
b. Officers
shall be aware that the delivery of the 40mm impact projectiles to certain
parts of the human body can cause grievous injury that can lead to a permanent
physical or mental incapacity or possible death. Areas susceptible to death or
possible severe injury are the head, neck, throat and chest (in vicinity of the
heart). Unless deadly force is justified, officers should avoid the delivery of
40mm impact projectiles to any of the above-described areas.
4. Deployment
a. The
40mm launchers can be used when the incapacitation of a violent or potentially
violent subject is desired. The 40mm launcher can be a psychological deterrent
and physiological distraction serving as a pain compliance device.
b. If a
supervisor or responding officers believe that there is a call or incident that
may require the use of less-lethal capability, they may request via radio or
other means that an on-duty MPD-trained operator with a 40mm launcher respond
to the scene.
c. Officers
shall announce over the radio that a 40mm launcher will be used, when time and
tactics permit.
i.
It is important that whenever possible, all officers involved and
possible responding officers know that a 40mm less-lethal projectile is being deployed
so they do not mistake the sight and noise from the deployment as a live
ammunition discharge.
ii. 40mm
launchers have an orange barrel indicating they are the less-lethal platform.
d. When
appropriate given the situation, officers firing a 40mm less-lethal projectile
should yell "Code Orange!" prior to and during firing.
5. Carrying
and Storage
a. 40mm
launchers shall be assigned to each precinct, City Hall and specialty units as
needed.
i.
Each 40mm launcher shall be kept its own case and in a secured gun
locker.
ii. Only
commanders or their designee and MPD-trained operators will have keys to the
40mm armory lockers.
b. MPD-trained
operators shall carry the 40mm launchers during their assigned shift, when
available.
6. Maintenance
of 40mm launchers
Only MPD certified Range personnel
shall perform maintenance and repairs to the 40mm launcher.
7. Subjects
injured by 40mm less-lethal projectiles
a. Medical
assistance shall be rendered as necessary in accordance with P&P 5-301 and
the Emergency Medical Response policy (P&P 7-350).
b. If
possible, photographs should be taken of any injuries to the subject.
8. Use
of Force reporting
a. Officers
that deploy a 40mm less-lethal round shall report the force in accordance with
P&P 5-301.
b. Officers
who deploy a less-lethal round shall immediately notify dispatch, who will
notify a supervisor.
c. A
supervisor shall respond to the scene any time a 40mm less-lethal round is
used. The responding supervisor shall review the incident and complete a use of
force review in accordance with P&P 5-301.
d. Supervisors
shall ensure that all spent 40mm less-lethal rounds are collected and property
inventoried if possible.
G. Chemical
Agents
1.
Use of Chemical Agents
a. MPD approved chemical agents may be used as a non-lethal
use of force. The use of chemical agents shall be consistent with current MPD
training and MPD policies governing the use of force (including all
sections in P&P 5-300).
b. Chemical
agents, regardless of canister size, shall only be used against subjects under
the following circumstances:
i.
During civil disturbances and assemblies, only when authorized in
accordance with P&P 5-303.
ii. In
situations not involving civil disturbances or assemblies:
aa. On subjects who are
exhibiting Aggressive Resistance or Assault, or;
ab. For life saving
purposes, or;
ac. On subjects who are
Actively Resisting if lesser attempts at control have been or would likely be
ineffective (in accordance with the section in P&P 5-301 on Objectively
Reasonable Force Consistent with Policy, Law and Training).
c. Chemical
agents shall not be used against persons who are Compliant or are Passively
Resisting as defined by policy.
d. Sworn
MPD employees shall exercise due care to ensure that only intended persons are
exposed to the chemical agents.
2.
Treatment and Aid for Chemical Agent Exposure
a. In addition to standard medical treatment after use of
force (in accordance with P&P 5-301), post exposure treatment for a person
that has been exposed to the chemical agent shall include one or more of the
following:
·
Removing the affected person from the area of exposure.
·
Exposing the affected person to fresh air.
·
Rinsing the eyes and skin of the affected person with cool water
(if available).
b. Sworn employees shall keep a person exposed to the chemical
agent under close observation until they are released to medical or other law
enforcement personnel.
c. An
officer who has used a chemical agent shall inform individuals accepting
custody that it was used on the person.
d. Use of chemical agents to prevent the swallowing of
narcotics is prohibited.
H. Conducted
Energy Weapons (CEWs)
Terms
related to Conducted Energy Weapons (CEWs):
Touch/Contact Stun: When a CEW’s
electrodes contact a subject’s body and the trigger or arc button is activated
with no cartridge or probes being deployed. Contact from the CEW with the
subject completes the electrical circuit which causes pain but does not deliver
an incapacitating effect.
Drive-Stun: Touch/Contact Stun and
Drive- When the CEW is strongly, with forceful pressure, pushed directly into a
subject’s nerve bundle.
Probe Mode: When a CEW is used to
fire probes (also called darts) at a person for the purpose of incapacitation.
Red Dotting: Un-holstering and
pointing a CEW at a person and activating the laser aiming device. In some
cases, this may be effective at gaining compliance without having to actually
discharge a CEW. Also known as “painting” the target.
Arcing: Un-holstering the CEW and
activating the CEW for purposes of threatening its use prior to actual
deployment. In some cases, this may be effective at gaining compliance without
having to actually discharge a CEW at a subject.
1. CEW
authorization
a. The
MPD approved Conducted Energy Weapon (CEW) (P&P 3-200) is considered a
less-lethal weapon.
b. MPD
officers are only authorized to carry CEWs that are issued by the department.
Personally owned CEWs, or those issued by another agency, are not authorized to
be carried or utilized while an MPD officer is acting in their official MPD
capacity.
c. CEWs
may be used:
i.
On subjects who are exhibiting Aggressive Resistance or Assault, or;
ii. For
life saving purposes, or;
iii. On subjects who
are Actively Resisting if lesser attempts at control have been or would likely
be ineffective (in accordance with the section in P&P 5-301 on Objectively
Reasonable Force Consistent with Policy, Law and Training).
d. CEWs
shall not be used against subjects who are Compliant or are Passively Resisting
as defined by policy (P&P 5-301).
e. CEWs
should generally be used in the probe mode. Use of CEWs in the drive stun mode
shall be limited to defensive applications or to gain control of a subject who
is exhibiting Aggressive Resistance or Assault if lesser attempts at control
have been ineffective, or if the
probe mode was ineffective.
2. CEW
Use
a. Cycles
When using a CEW, personnel
should use it for one standard cycle (a standard cycle is five seconds) and
pause to evaluate the situation to determine if subsequent cycles are
necessary.
i.
If subsequent cycles are necessary, officers should restrict the number and
duration to only the minimum amount necessary to control or place the subject
in custody under the existing circumstances.
ii. Personnel
should constantly reassess the need for further activations after each CEW
cycle and should consider that exposure to multiple applications of the CEW for
longer than 15 seconds may increase the risk of serious injury or death.
iii.
Officers should be aware that a lack of change in a subject’s behavior
often indicates that the electrical circuit has not been completed or is
intermittent. If there is a need for another cycle based on the standards
above, officers should immediately fire another cartridge or transition to
other control options rather than administering continued ineffective cycles.
b. One
officer at a time
Unless exigent circumstances
exist as defined by policy (P&P 5-301), no more than one officer should
intentionally activate a CEW against a subject at one time.
c. Warnings
Officers shall, unless it is not
feasible to do so, give verbal warnings or announce their intention to use a
CEW prior to actual discharge. Use of the CEWs’ laser pointer (red dotting) or
arcing of the CEW may be effective at diffusing a situation prior to actual
discharge of the CEW.
d. Holstering
The CEW shall be holstered on the
sworn MPD employee’s weak (support) side to avoid the accidental drawing or
firing of their firearm. (SWAT members in tactical gear are exempt from this
holstering requirement.)
e. Subject
factors
i.
Officers must consider the possible heightened risk of injury and adverse
societal reaction to the use of CEWs upon certain individuals. Officers must be
able to articulate a correspondingly heightened justification when using a CEW
upon:
·
Persons with known heart conditions, including pacemakers or
those known to be in medical crisis;
·
Elderly persons or young children;
·
Frail persons or persons with very thin statures (i.e., may have
thin chest
walls);
·
Women known to be pregnant;
ii. Prior
to using a CEW on a subject in flight the following should be considered:
·
The severity of the crime at issue;
·
Whether the subject poses an immediate threat to the safety of
the officer or others, and;
·
Whether the officer has a reasonable belief that use of the CEW would
not cause significant harm to the subject fleeing unless use of deadly force
would otherwise be permitted.
f.
Situational factors
In the following situations, CEWs
should not be used unless the use of deadly force would otherwise be
permitted:
·
On persons in elevated positions, who might be at a risk of a
dangerous fall;
·
On persons operating vehicles or machinery;
·
On persons who are already restrained in handcuffs unless
necessary to prevent them causing serious bodily injury to themselves or others
and if lesser attempts of control have been ineffective;
·
On persons who might be in danger of drowning;
·
In environments in which combustible vapors and liquids or other
flammable
substances are present;
·
In similar situations involving heightened risk of serious injury
or death to the
subject.
3. Loss
or Damage
Lost, damaged or inoperative CEWs
shall be reported to the CEW Coordinator immediately upon the discovery of the
loss, damage or inoperative condition.
4. Use
During Off-Duty Employment
a. Officers
who use their MPD issued CEW during the scope of off-duty employment within the
City shall follow MPD policy and procedure for reporting the use of force and
downloading their device.
b. If
officers carry their MPD issued CEW during the scope of off-duty employment
outside of the City (e.g. working for another law enforcement agency) that
agency shall sign a waiver (Letter of Agreement for Off Duty Employment) which
indicates that certification through the Minneapolis Police Department is
sufficient for use while working for that agency.
5. Downloading
and Reporting
a. Report
all use
Officers are required to report
all actual use of their CEW consistent with the downloading and reporting
guidelines outlined below.
b. CEW
downloading guidelines
i.
The CEW shall be downloaded, when used in probe mode or
drive stun mode, prior to the end of the officer’s shift.
ii.
The CEW shall be downloaded for any incident that is
recorded that the officer believes might have evidentiary value.
iii.
If a CEW was used during a critical incident, the CEW
will be inventoried by the investigating
agency for processing video and firing data evidence.
c. CEW
reporting guidelines:
i.
When a CEW is deployed and discharged on a subject, the
officer shall report its use in accordance with the
Force Reporting requirements in P&P 5-301. Officers shall document de-escalation
attempts in their Narrative Text.
ii.
When a CEW is threatened by means of displaying, red dotting
or arcing, the threatened use shall be reported in accordance with the Force
Reporting requirements in P&P 5-301.
iii.
When a CEW is used during the scope of off-duty employment
outside of the City (e.g. another law enforcement agency) officers shall obtain
a Minneapolis CCN from MECC and complete a Police Report titled AOA and refer
to the outside employer’s incident report in the Narrative Text. Officers shall
then download the device and store the information under the Minneapolis CCN.
6. Post
Exposure Treatment and Medical Aid
a. In addition to standard medical treatment after use of
force (in accordance with P&P 5-301), post exposure treatment for a person
that has been exposed to the electricity from the CEW shall include the following:
i.
Request EMS response for probe removal if
probes are located in sensitive areas (face, neck, groin or breast areas).
ii. Wear protective gloves and remove probes from the person’s
non-sensitive body areas.
iii. Secure the probes (biohazard “sharps”) point down into the
expended cartridge and seal with a safety cover.
iv. When appropriate, visually inspect probe entry sites or
drive stun locations for signs of injury.
v. When appropriate, photograph probe entry sites or drive
stun locations.
b. Sworn employees shall routinely monitor the medical
condition of a person who has been exposed to
the electricity from a CEW until they are
released to medical or other law enforcement personnel.
I. Impact
Weapons
1.
MPD approved impact weapons (P&P 3-200) are considered less-lethal
weapons, and may be used:
a. On
subjects who are exhibiting Aggressive Resistance or Assault, or;
b. For
life saving purposes, or;
c. On
subjects who are Actively Resisting if lesser attempts at control have been or
would likely be ineffective (in accordance with the section in P&P 5-301 on
Objectively Reasonable Force Consistent with Policy, Law and Training).
2. Strikes
from impact weapons shall not be administered to persons who are Compliant or
are Passively Resisting as defined by policy (P&P 5-301).
3.
In addition to standard medical treatment after use of force (in
accordance with P&P 5-301), treatment for a person that has been struck
with an impact weapon shall include visually inspecting the areas struck for
signs of injury, when appropriate.
4. Sworn
employees shall routinely monitor the medical condition of a person that has
been struck with an impact weapon until they are released to medical or other
law enforcement personnel.
J. Canine
1.
Canines shall only be deployed in accordance with P&P 7-807
Authorized Use of Canines.
2. When
canines are used for apprehensions, handlers shall disengage their canines as
soon as reasonably possible after the subject is able to be controlled or
secured.
3. Officers
are responsible for ensuring any person injured by an MPD canine receives
medical treatment as soon as reasonably possible.
a. Officers
shall request an ambulance to the scene whenever a person is apprehended by a
canine.
4. The
canine handler shall notify the Canine Sergeants immediately after any canine
apprehension or accidental bite.
a. Officers
will be debriefed by Canine unit supervisors and trainers as soon as possible
following notification.
b. If a
Canine Sergeant is not available, another MPD sergeant may be asked to do the
force review (in accordance with P&P 5-301).
5. Canine
handlers shall photograph all injuries and ensure the images are uploaded in
accordance with P&P 10-400.
6. Upon
notification of a bite or apprehension, a Canine Sergeant shall complete the
K-9 Unit Apprehension Review form (MP-9090) and will send it electronically to
the members of the review panel.
K. Prohibition
on Neck Restraints and Choke Holds
Neck
Restraints and choke holds are prohibited. Instructors are prohibited from
teaching the use of neck restraints or choke holds.
MN Statute
section 609.06 Subd. 3 (b) defines a choke hold “as a method by which a
person applies sufficient pressure to a person to make breathing difficult or
impossible, and includes but is not limited to any pressure to the neck,
throat, or windpipe that may prevent or hinder breathing, or reduce intake of
air. Choke hold also means applying pressure to a person's neck on either side
of the windpipe, but not to the windpipe itself, to stop the flow of blood to
the brain via the carotid arteries.”
L. Firearms
1.
Firearm Discharges- When Authorized
An MPD sworn employee may lawfully
discharge a firearm in accordance with policy in the following circumstances:
a.
In deadly force situations, in strict compliance with the Use of Force
policy (P&P 5-301), and with a high degree of restraint. Firearm use shall
never be considered routine and is permissible only when alternative means do
not work, would not work or are too unsafe to try (in accordance with the
section in P&P 5-301 on Objectively Reasonable Force Consistent with
Policy, Law and Training).
b. To
dispatch an animal that is dangerous, or one that humane treatment requires its
removal from further suffering and alternative methods of disposition are
impractical.
c. To
participate in authorized training.
d. To
participate in any authorized competition or legitimate sporting activity.
2. Firearm
Discharges- When Prohibited
Officers shall not discharge
firearms under the following conditions:
a. As
a warning or to command attention.
b. Against
persons who present a danger only to themselves.
c. Solely
to protect property.
3. Shooting
at Motor Vehicles
a.
Firearms shall not be discharged at a moving or fleeing vehicle, unless:
i.
The officer or another person is currently being threatened with deadly
force by an occupant by means other than the moving vehicle and the officer
reasonably believes there are no other reasonable means available to avert the
threat, or
ii. In
the extreme case of a ‘vehicle ramming attack’ where a vehicle is being used as
a weapon to target people to cause great bodily harm or death, or
iii. In the extreme
case when an officer is stuck in the path of a vehicle, and:
·
has no means of escape, and
·
the officer reasonably believes there are no other reasonable
means available to avert the threat, and
·
the officer is unable to issue commands or the driver is
disregarding commands to stop.
aa.
Officers shall consider their positioning and avoid placing themselves
in the path of a vehicle whenever possible. If officers find themselves
positioned in the path of a vehicle, they shall attempt to move safely out of
the path of the vehicle instead of discharging a firearm at it or any of its
occupants.
ab.
Being in the path of a moving vehicle shall not be the sole reason for
discharging a firearm at the vehicle or any occupant.
b. This
prohibition includes attempting to disable the vehicle by firing at it.
c. Considerations
in this prohibition:
i.
A vehicle may be occupied by additional passengers and it may not be
readily apparent how many occupants are in the vehicle.
ii. Bullets
fired at moving motor vehicles are extremely unlikely to immediately cease the
movement of the vehicle or successfully disable it.
iii. Bullets fired at
or from moving motor vehicles have a higher probability of missing the intended
target or ricocheting and possibly injuring officers or other innocent persons,
including passengers in the vehicle.
iv. Bullets fired at
moving motor vehicles may disable or disorient the driver, causing the vehicle
to crash and possibly injuring officers or other innocent persons, including
passengers in the vehicle.
4. Drawing
and exhibiting a firearm
a. An
officer’s decision to draw or exhibit a firearm will be based on the tactical
situation and the officer’s reasonable belief that lethal force is necessary,
or that there are indicators of a substantial risk the situation may escalate
to the point where lethal force may be necessary.
b. Unnecessarily
or prematurely drawing or exhibiting a firearm may limit an officer’s
alternatives in controlling a situation and may inhibit or limit communication
between the officer and the subject.
5. Notification
of Firearm Discharges
a. Employee
responsibility
Any employee who discharges a
firearm, whether on or off duty, shall make direct contact with their immediate
supervisor or the on-duty Watch Commander and the local jurisdiction as soon as
possible except:
·
While at an established target range;
·
While conducting authorized ballistics
tests;
·
When engaged in legally recognized
activities while off-duty.
b. Supervisor
responsibility
i.
The supervisor shall respond to any scene in which an employee has
discharged a firearm while on-duty or in the course of duty.
ii. The
supervisor is responsible for notifying the Watch Commander and when
appropriate, the employee’s Deputy Chief and the
on-duty Homicide investigator. This does not include the discharge of a firearm
with the intention of dispatching an animal, unless it results in injury to a
person.
iii. Notifications to
the Internal Affairs unit shall be made in accordance with the Internal Affairs
Call-Out Notification Policy (P&P 2-101).
iv. The advised
supervisor shall ensure that drug and alcohol testing is conducted in
accordance with P&P 3-1000 Drug and Alcohol Testing.
v. At
any officer-involved shooting incident in which a person is shot, the Critical
Incident Policy (P&P 7-810) shall be followed.
c.
Reporting firearms discharges
to the State
MN Statute section 626.553 requires the Chief of Police to report to
the State Commissioner of Public Safety whenever a peace officer discharges a
firearm in the course of duty, other than for training purposes or when killing
an animal that is sick, injured or dangerous. Written notification of the
incident must be filed within 30 days of the incident. The notification shall
include information concerning the reason for and circumstances surrounding
discharge of the firearm. The Internal Affairs unit supervisor shall be
responsible for filing the required form(s) with the State Bureau of Criminal
Apprehension.
6. Written
Report on Discharge of Firearms
a. All
employee firearm discharges that require notification, other than Critical
Incidents, shall be reported in a PIMS report, including a Narrative Text, by
the employee involved and the supervisor who was notified. The report shall be
titled, “DISWEAP.” The employee shall complete Force Reporting in accordance
with P&P 5-301 and the supervisor shall then complete a Supervisor Force
Review in accordance with P&P 5-301.
b. The
Watch Commander shall include all case numbers on the Watch Commander log.
Definitions
Refer to the Commonly Used Terms page for general definitions.