(01/01/23) (03/30/23)
Revisions to prior policies: (10/16/02) (08/17/07) (04/16/12) (09/08/20)
(12/22/20) (03/12/21)
A.
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.
1.
Force Reporting in PIMS
a.
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.
b.
When force is documented in a Police Report with a Use of Force details
page under this policy, the report shall include the code or type “FORCE.”
2.
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.
a.
Why the officer decided to use force.
b.
Why the officer decided to use the level or levels of force used.
c.
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.
d.
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.
e.
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.
3.
Supervisor notification of force
a.
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.
b.
The notification to the supervisor ensures that the requirements of the
Supervisor Force Review section of this policy (P&P 5-303) can be fulfilled
by the supervisor.
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.
B.
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.
2.
In all other cases, all required Force Reporting shall be completed as
soon as practical, but no later than the end of the shift.
C.
Reporting
Requirements
1.
No reporting required
The following listed actions do not require any Force
Reporting (Use of Force details page, Narrative Text or supervisor
notification) unless otherwise required by this policy:
·
Presence
·
Verbal commands
·
Escort holds
·
Verbal threats to use force
·
Unholstering or displaying a weapon, other than a firearm, when
engaged with a subject or subjects (including unholstering a CEW, unfolding a
baton, etc.), without pointing it at a subject
·
Unholstering or displaying a firearm when engaged with a subject
or subjects
2.
Handcuffing
a.
No Use of Force details page required
Handcuffing does not require a Use of Force details page.
b.
Police Report required
i.
A Police Report is required for any incident involving handcuffing. The
circumstances necessitating handcuffing shall be documented in a Narrative
Text.
ii.
The application of handcuffs shall be marked in the corresponding box on
each Entity handcuffs were applied to, subject to the exception for mass
arrests below.
iii.
If there is no associated offense code, the report should use a code
that corresponds to the problem nature code or if not applicable, the code
MISC. The code FORCE is not required unless an injury or alleged injury
occurred.
c.
Injuries
Handcuffing does not require Supervisor notification unless:
i.
An injury or alleged injury occurred. This includes a loss of
consciousness.
ii.
The incident aggravated a preexisting injury.
d.
Handcuffing in mass arrests
i.
If the Chief, Assistant Chief or a Deputy Chief gives authorization
during a mass arrest situation (which involves multiple officers and typically
involves more than five arrestees), officers who only apply handcuffs and
escort someone to a transport vehicle do not have to record the application of
handcuffs on the Entity form, as long as no injury resulted or was alleged to
result from the handcuffing or escorting and as long as no additional force was
used.
aa. The
officer shall still enter a Narrative Text for the incident and describe their
actions.
ab. The
incident commander shall ensure that such authorization is documented in the
Police Report, including the person who gave the authorization.
ii.
If the officer used additional force to control the subject (beyond
escorting) or injuries resulted or were alleged to result from any force used
by the officer, the officer shall record the application of handcuffs on the
Entity form and shall complete any required reporting for the other force or
injuries.
3.
Firearm pointing and less-lethal weapon pointing
This section applies to:
·
Firearm pointing: Aiming a firearm at a subject or subjects with
the intent to use or imply the use of Deadly Force
·
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)
a.
No Use of Force details page required
Firearm and less-lethal weapon pointing do not require a Use
of Force details page.
b.
Police Report required
i.
A Police Report is required for any incident involving pointing a
firearm or less-lethal weapon. The circumstances necessitating firearm or
less-lethal weapon pointing shall be documented in a Narrative Text.
ii.
Firearm pointing shall be marked in the corresponding box on each Entity
a firearm was pointed at.
iii.
If there is no associated offense code, the report should use a code
that corresponds to the problem nature code or if not applicable, the code
MISC. The code FORCE is not required.
4.
Use of Force details page and Narrative Text required
a.
Types of force
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:
·
Joint manipulation
·
Nerve pressure points (Touch pressure)
·
Body weight to pin on limbs, hips, back or stomach
·
Control pressure on limbs, hips or torso
·
Chemical agent exposures in situations that are not civil
disturbances or assemblies (in accordance with P&P 7-805), which require
higher level reporting
b.
Injuries
The listed force options do not require Supervisor
notification unless:
i.
An injury or alleged injury occurred, including a loss of consciousness.
ii.
The incident aggravated a preexisting injury.
5.
Supervisor notification required
a.
Types of force
A supervisor notification is required in addition to a Use
of Force Details page and a Narrative Text when any of the following listed
force options are deployed at or used with a subject:
·
Body weight to pin on the rib cage area or head
·
Control pressure on the head
·
Strikes (punches, kicks, knees, slaps)
·
Bodily force not already listed (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 7-805)
·
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
b.
Injuries
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:
i.
An injury or alleged injury occurred, including a loss of consciousness.
ii.
The incident aggravated a preexisting injury.
c.
Force not covered
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 Reporting Requirements.
D.
Reporting Force
Used on a Handcuffed Subject
The requirements of this section are in addition to the
standard requirements in the section on Use of Force and De-Escalation
Reporting.
1.
Notify a supervisor
a.
If an officer uses any force on a handcuffed subject (other than the
types specified below), the officer shall remain on scene and shall notify an
on-duty supervisor by phone or radio as soon as possible so the supervisor can
respond to the scene.
b.
Exceptions to this requirement are the following actions used on a
handcuffed subject, when the force does not result in injury: Escort holds,
joint manipulations and nerve pressure points, and body weight to pin or
control pressure when if they would not already require a supervisor
notification.
2.
Supervisor response
a.
Respond to the scene
The supervisor shall respond to the scene, determine the
level of force used, and follow the Supervisor Force Review policy as
necessary.
b.
Notify the Watch Commander
The supervisor shall immediately notify the Watch Commander
of the incident directly by phone. If there is no Watch Commander on duty, the
Commander of Internal Affairs shall be notified directly by phone.
3.
Watch Commander response
a.
Respond to the scene
The Watch Commander shall respond to the incident scene to
gather information from the supervisor, observe the force subject and document
any injuries.
b.
Notify Internal Affairs
The Watch Commander shall immediately notify the Commander
of Internal Affairs of the incident directly by phone.
4.
Internal Affairs response
When the Commander of Internal Affairs is notified by the
Watch Commander or an on-duty supervisor of an incident involving force used on
a handcuffed subject, the Commander shall assess the situation and determine if
an Internal Affairs call-out is warranted (in accordance with P&P 2-108),
and whether to make a notification to the Deputy Chief of the Professional
Standards Bureau.
5.
Responding to the hospital
If the subject must be immediately transported to the
hospital for treatment, both the incident Supervisor and Watch Commander shall
respond to the hospital to complete their required steps.
E.
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.
F.
Supervisor
Force Review
1.
Supervisor Force Review defined
Supervisor Force Reviews (SFRs) are when the supervisor who
was notified of force by an employee responds to the scene, investigates the
force incident, and documents their findings. The purposes of a Supervisor
Force Review are to:
a.
Collect and document information and evidence regarding the use of
force; and
b.
Assess whether, based on the information available to the reviewing
supervisor, the force used appears to have been consistent with MPD policy,
including whether the force appears to have been objectively reasonable given
the totality of the circumstances.
2.
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.
3.
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.
Review all sworn employees’ reports and supplements related to the use
of force or injury incident for completeness and accuracy.
x.
Determine if the force used was reasonable or unreasonable, or if it
appears to constitute possible misconduct. The supervisor shall 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
as soon as practical, but prior to the end of that shift.
i.
It is the reviewing supervisor’s responsibility to 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. This
includes documenting their observations and assessments.
ii.
It is the reviewing supervisor’s responsibility to assess whether, based
upon the totality of the information available at the time of the report, the
use of force was consistent with MPD Policy. If the supervisor concludes that
the use of force was or 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.
Record the incident information on the approved MPD electronic form
prior to the end of the shift, so that a Secondary Force Review can be
completed.
4.
Supervisor Force Reviews in civil disturbances and assemblies
During civil disturbances or assemblies (in accordance with
P&P 7-805), supervisors shall complete the Supervisor Force Review
requirements to the best of their ability, with the information available to
them (which may be limited). At a minimum, the review should include:
·
The type of force used
·
The amount of force used
·
The basis for the force used
G.
Secondary Force
Review
1.
Secondary Force Review defined
a.
Secondary Force Reviews are when the initial Supervisor Force Review
(SFR) undergoes a review by another supervisor. This process ensures that each
use of force gets thorough scrutiny and sets the expectation for performance
coaching and mentoring in the chain of command.
b.
The purposes of a Secondary Force Review are to:
i.
Confirm that the SFR included all required collection and documentation
of evidence; and
ii.
Review all available evidence, and perform an additional, separate
review of whether the use of force appears to have been consistent with MPD
policy.
c.
The supervisor performing the Secondary Force Review is independently
responsible for a thorough and substantive review of the evidence and an
independent analysis of whether the use of force appears to have been
consistent with MPD policy.
d.
The supervisor performing the Secondary Force Review shall review all of
the information available regarding the use of force review, including BWC
recordings made during the on-scene Supervisor Force Review.
2.
Secondary Force Review required
Secondary Force Reviews shall be completed for all SFRs.
a.
Secondary Force Reviews shall be completed by a supervisor of an equal
or higher rank as designated by the Inspector or Commander in the chain of
command for the initial SFR supervisor.
i.
Supervisors cannot complete a Secondary Force Review of their own SFR.
ii.
Supervisors cannot complete a Secondary Force Review of an SFR of their
own use of force.
b.
Secondary Force Reviews shall be completed within 5 days of the initial
SFR.
c.
After the Secondary Force Review is completed, the Secondary Force
Review process shall be documented by recording the required information on the
approved MPD electronic form.
3.
Internal Affairs review
a.
After the Secondary Force Review is completed, Internal Affairs will
ensure that all previous levels of review and documentation were completed
properly.
b.
After Internal Affairs has checked the Secondary Force Review for
completeness, they will determine whether the incident will be referred for
further investigation by OPCR and Internal Affairs, or whether the review will
be closed without further investigation.
Definitions
Refer to the Commonly Used Terms page for general definitions.