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HomeMy WebLinkAbout0300 - USE OF FORCE AND DEADLY FORCERed Wing Police Department Policy SUBJECT: POLICY NUMBER USE OF FORCE AND DEADLY FORCE 300 EFFECTIVE DATE April 20, 2018 REFERENCE(S): APPROVED BY: ENACTED DATE: CHIEF ROGER D. March 17, 2012 POHLMAN I. POLICY: It is the policy of the Red Wing Police Department to provide officers with guidelines for the use of force and deadly force in accordance with: MN STAT 626.8452 DEADLY FORCE AND FIREARMS USE; POLICIES AND INSTRUCTION REQUIRED; MN STAT 609.06 AUTHORIZED USE OF FORCE; MN STAT 609.065 JUSTIFIABLE TAKING OF LIFE; and MN STAT 609.066 AUTHORIZED USE OF FORCE BY PEACE OFFICERS. This policy applies to all peace officers engaged in the discharge of official duties and provides further guidance on the reporting requirements for use of force. II. DEFINITIONS A. Bodily Harm: means physical pain or injury. B. 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. C. Deadly Force: force used by an officer that the officer knows, or reasonably should know, creates a substantial risk of causing death or great bodily harm. The intentional discharge of a firearm in the direction of another person, or at a vehicle in which another person is believed to be, constitutes deadly force. D. Other Than Deadly Force: force used by an officer that does not have the purpose of causing, nor create a substantial risk of causing, death or great bodily harm. E. Authorized Device: a device an officer has received permission from the agency to carry and use in the discharge of that officer's duties, and for which the officer has: ■ obtained training in the technical, mechanical and physical aspects of the device; and ■ developed a knowledge and understanding of the law, rules and regulations regarding the use of such a device. III. PROCEDURE A. Force Considerations In determining what force is reasonable under the circumstances, an officer should consider: ■ the severity of the crime at issue; ■ whether the suspect poses an immediate threat to the safety of the officer or others; ■ whether the suspect is actively resisting arrest or attempting to evade arrest by flight; ■ other relevant information the officer reasonably believes to be true at the time. 1. Methods Under normal circumstances, only those methods and devices listed below may be used by members of this department to apply force. No member shall escalate to a more severe use of force without first considering the minimum amount of force necessary at the lesser level or being able to articulate a reasonable belief that a lesser force than used would have been ineffective. Use of force shall be adjusted to adequately control the amount of resistance an officer is receiving from the offender. a. Officer presence b. Persuasion dialog c. Compliance escort d. Soft empty hand e. Department approved chemical aerosol spray f. Hard empty hand g. Department approved Taser. h. Baton/impact I. Shotgun less lethal j. Departmental approved firearms. 2. Conditions The conditions under which force may be used and the level of force that may be used by a peace officer are governed by M.S. 609.06 to 609.066 and by this POLICY. a. Members of the Red Wing Police Department shall use only that degree of force necessary to affect an arrest or to control an incident. b. The level of force deemed reasonable depends on the level of resistance experienced: Most encounters are cooperative and require no use of force. Even when a subject shows some signs of uncooperative behavior or passive resistance, cooperation can often be gained through changes in body language, verbal persuasion, or verbal orders. 2. Moderate physical force may be appropriate to overcome resistance characterized by slight physical defiance such as attempting to leave a scene, pulling away from an officer's grasp, holding onto a steering wheel and refusing to exit a vehicle, etc. 3. Depending on the likelihood of injury to an officer or others, and the ability to articulate that likelihood, a greater degree of force such as intense physical force, use of a department approved chemical aerosol spray, Taser, department approved baton, or less lethal shotgun may be appropriate to overcome active hostile resistance or an actual attack upon the officer or another. 4. Elevated levels of force, including the possible use of deadly force, may be appropriate to overcome situations which can reasonably be assumed to result in great bodily harm or even death to an officer or others. B. Use of Deadly Force It is the policy of the Red Wing Police Department to accord officers discretion in the use of force to the extent permitted by Minnesota Statute. An officer is authorized to use deadly force only when the officer perceives it is necessary given the circumstances known to the officer at the time in order to: 1. protect the officer or another from apparent death or great bodily harm; 2. effect the arrest or capture, or prevent the escape, of a person whom the officer knows or has reasonable grounds to believe has committed or attempted to commit a felony • involving the use or threatened use of deadly force; or • if the officer believes that the person will cause death or great bodily harm if the person's apprehension is delayed. If feasible, an officer should give a verbal warning before using or attempting to use deadly force. a. Note: The use of a firearm is DEADLY FORCE. Warning shots are not authorized. b. The intentional ramming of a vehicle with a police vehicle or other vehicle, the intentional ramming of a pedestrian suspect with a police vehicle or other vehicle, or the use of a total barricade may also be construed as DEADLY FORCE. Any use of DEADLY FORCE other than authorized above is unlawful. C. Use of Other than Deadly Force It is the policy of the Red Wing Police Department to accord officers discretion in the use of other than deadly force to the extent permitted by Minnesota Statute. An officer is authorized to use reasonable force when the officer perceives it is necessary given the circumstances known to the officer at the time in: ■ effecting a lawful arrest; or ■ the execution of legal process; or ■ enforcing an order of the court; or ■ executing any other duty imposed upon the public officer by law; or ■ defense of self or another. 1. INTERMEDIATE WEAPONS Chemical aerosol spray, Taser, expandable baton, and less lethal shotgun are the only intermediate, and when properly used, non -lethal weapons authorized to be carried by members of the Red Wing Police Department or to be present in the vehicles of the Red Wing Police Department. Members shall be trained in the proper use of these weapons prior to being carried by the officer. a. The CHEMICAL AEROSOL SPRAY shall be worn by all uniformed officers, the rank of Sergeant and below, while on duty. It shall be worn on the duty belt in a department - approved holster in such as location as to be readily accessible. All non -uniformed officers working in other than training or meeting capacity shall either carry or have chemical aerosol spray accessible in a work bag or their department provided vehicle. b. The X -26P TASER assigned to officers below the rank of captain, shall wear them at all times while on duty, with the exception of training and attending meetings, using departmental approved holsters. Department approved holsters shall be worn on uniformed officer duty belts or leg as appropriate and investigative unit officer clothing belt as appropriate. c. The EXPANDABLE BATON (ASP) shall be mandatory for all uniformed officers. Officers who have been trained in its use shall wear the baton on the duty belt in a department approved baton holster in such a location as to be readily accessible. d. The LESS LETHAL SHOTGUN shall ONLY be used by officers who have received approved departmental training. 2. USE OF INTERMEDIATE WEAPONS Chemical aerosol sprays, Taser, baton, and less lethal shotgun are primarily defensive intermediate weapons, which provide the necessary level of force between weaponless defense and lethal firearm. Use of these weapons is proper in situations requiring a lawful degree of force, less than deadly force These circumstances may include, but not be limited to, circumstances where it is necessary to effect an arrest of an individual who has assaulted an officer or another, or who the officer has reason to believe is about to assault him/her or another person. These weapons, and any others, should only be used after all other reasonable efforts have failed to control the situation. FLASHLIGHTS AND OTHER OBJECTS USUALLY AVAILABLE TO ON -DUTY PERSONNEL ARE NOT NORMALLY TO BE USED AS WEAPONS. SAP GLOVES ARE NOT PERMITTED UNDER ANY CIRCUMSTANCES. a. Chemical Aerosol Spray (Refer to Chemical Aerosol Spray Policy #305) b. Conducted Energy Device (Taser) (Refer to Policy #309) c. Collapsible Baton Baton strike targeted areas are to the center of mass of the arms, center of mass of the legs, or center of mass of the body. INTENTIONAL BLOWS TO THE HEAD, NECK, OR THROAT SHOULD NOT BE USED UNLESS DEADLY FORCE WOULD BE AUTHORIZED IN THE SITUATION. d. Less lethal shotgun (Refer to Policy #307) D. General Rules Governing Use of Force 1. Before carrying a firearm all officers shall receive training and instruction with regard to the proper use of deadly force and to the agency's policies and State statutes with regard to such force. Such training and instruction shall continue on an annual basis. 2. 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/or other than deadly force situations. Such training and instruction shall continue on an annual basis. 3. Officers will carry and use only authorized devices unless circumstances exist which pose an immediate threat to the safety of the officer or the public requiring the use of a device or object that has not been authorized to counter such a threat. 4. With agency approval officers may modify, alter or cause to be altered an authorized device in his or her possession or control. 5. Protracted force encounters jeopardize the safety of the public, law enforcement personnel and the person being arrested or captured. Accordingly, an officer should use discretion to determine reasonable force options to bring a subject under control. This policy should not be construed to require officers to first attempt using types and degrees of force that reasonably appear to be inadequate to accomplish the intended objective. 6. An officer may announce their intention to use reasonable force. 7. Medical Treatment - As soon as practical, after any use of force situation, the officer shall inquire and examine the subject(s) for possible injuries. Medical attention must be provided as soon as practical when there is a complaint of or evidence of an injury. E. Record keeping/Reporting Requirements The chief law enforcement officer will maintain records of the agency's compliance with use of force training requirements. This tasking is delegated to the Training Officer. 1. Any use of force and/or weapon, with the exception of routine handcuffing, shall be reported immediately to the on -duty supervisor. If there is no supervisor on duty, it shall be reported to the senior officer. A SUBJECT RESISTANCE/RESPONSE REPORT should be submitted prior to the start of the next business day. A complete and detailed report should be submitted in a reasonable amount of time after an officer is involved in the use of a firearm, in a Use of Force/Deadly Force situation. The Chief of Police or their designee may suspend the application of this provision where an otherwise complete investigation of the incident will be undertaken. NOTE: - For clarification purposes, the expandable baton is considered displayed once it is extended. OC Spray, Less -lethal shotgun, Taser and Firearm are considered displayed once pointed at the subject 2. The SUBJECT RESISTANCE/RESPONSE REPORT shall be forwarded to the Chief of Police, or designee, for inclusion in a Use of Force file, which will be maintained and periodically reviewed by the administration and Training Officer of this department. 3. A Supervisory Officer will review all "SUBJECT RESISTANCE/RESPONSE REPORTS" to ensure the proper level of force was utilized for the resistance encountered. The Supervisory Officer will also complete the "SUPERVISOR/SR. OFFICER: SUBJECT RESISTANCE/RESPONSE REPORT CHECKLIST" to ensure proper actions were taken at the scene and that the incident report contains the required information. a. Supervisor will respond to the scene for any event involving the delivery of aerosol restraint/ OC sprays or greater level of response. b. Supervisor will conduct an "AFTER ACTION REVIEW' for any event involving hand held aerosol/OC Spray delivery and greater levels of response. The "AFTER ACTION REVIEW', at a minimum, will consist of all sworn officers involved in the event, and will include the following areas: 1) Personnel attending the AFTER ACTION REVIEW. 2) What was supposed to occur? 3) What did occur? 4) What went well? 5) What can we improve for next time? NOTE: This AFTER ACTION REVIEW will be documented in a Memo for Record format, and attached to the SUBJECT RESISTANCE/RESPONSE REPORT. 4. The Chief of Police or designee will review all incidents involving the use of force and make additional inquiries, if necessary, to determine whether the use of force was in compliance with this policy and other policies that might be relevant to the incident. The Chief of Police, or designee will make an endorsement upon the SUBJECT RESISTANCE/RESPONSE REPORT, any concerns identified by the Chain of Command reviewing the REPORT, will be annotated in a MEMO FOR RECORD, identifying the discrepancy and recommended corrective action and attached to the REPORT. 5. The Chief of Police will designate an officer to review all use of force incidents in which the Chief of Police is personally involved, and all use of force reports which the Chief of Police will personally prepare in accordance with this section. The officer so designated will review each incident in the manner described in the previous section. The designated officer will submit the use of force report, with his or her endorsement, to the City Attorney and the City Administrator for further review. 6. If the results of a review of a forceful encounter indicate a violation of this policy or other policies that might be relevant to the incident, then an internal review/investigation may be conducted. Upon completion of the internal review a copy of the report and any investigatory data may, where appropriate, be forwarded to the City Attorney for review, direction on further handling, and directions on the dissemination of the report and investigative data. In all other cases, such reports will be treated as confidential and will be placed in chronological order in the annual "Subject Resistance/Response" file. 7. If the use of a firearm results in serious injury or death to another, the officer will be placed on Paid Administrative Leave of Absence by the Chief of Police or their designee. This assignment to Paid Administrative Leave of Absence should not be interpreted to imply or indicate that the officer acted improperly. The officer shall strongly consider seeing a person who has knowledge and expertise in post -trauma stress reactions within 48 hours of the shooting. F. TRAINING Newly appointed full-time officers shall receive training on Deadly Force, Use of Force and associated departmental policies, and the use of firearms before being issued a department firearm used in the course of employment. When on-line use of force training is utilized to complement the "hands-on" portion, the on-line training must be completed within 30 days of the completion of Department "hands-on" use of force training. 2. All officers shall have access to this policy on the City computer network and will receive instruction in the Deadly Force policy. All officers will receive annual re-training in the Use of Force, the Use of Deadly Force, and the department's Use of Force/Deadly Force/Weapons policy.