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The purpose of this section is to provide all sworn MPD employees with clear and consistent policies and procedures regarding the use of force while engaged in the discharge of their official duties. (Note: MPD Training Unit Lesson Plans – Use of Force, are used as a reference throughout this section.)

5-301.01 POLICY (10/16/02) (08/17/07)

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

5-301.02 STATE REQUIREMENTS (10/11/02)

The MPD shall comply with Minn. Stat. §626.8452 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. (08/17/07)

5-302 DEFINITIONS (10/16/02)

• 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 and non-lethal weapons. (08/17/07)

• 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.

• Deadly force:

Minn. Stat. §609.06 states that: “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.”

• 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. (08/17/07)

• Use of Force: (08/17/07)

Any police contact involving:

• The use of any weapon, substance, vehicle, equipment, tool, device or animal that inflicts pain or produces injury to another; or

• Any physical strike to any part of the body of another; or

• Any physical management or physical contact with a person that inflicts pain or produces injury to another

5-303 AUTHORIZED USE OF FORCE (10/16/02) (08/17/07)

Minn. Stat. §609.06 subd. 1 states, “When authorized…except as otherwise provided in subdivision 2, 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.”

In addition to Minn. Stat. §609.06 sub. 1, MPD policies shall utilize the United States Supreme Court decision in Graham vs Connor as a guideline for reasonable force.

The Graham vs Connor case references that:

“Because the test of reasonableness under the Fourth Amendment is not capable of precise definition or mechanical application, its proper application requires careful attention to the facts and circumstances of each particular case, including:

• The severity of the crime at issue,

• Whether the suspect poses an immediate threat to the safety of the officers or others, and;

• Whether he is actively resisting arrest or attempting to evade arrest by flight.

The "reasonableness" of a particular use of force must be judged from the perspective of the reasonable officer on the scene, rather than with the 20/20 vision of hindsight.

The calculus of reasonableness must embody allowance for the fact that police officers are often forced to make split-second judgments - in circumstances that are tense, uncertain, and rapidly evolving - about the amount of force that is necessary in a particular situation.”

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 force was used.

5-304 THREATENING THE USE OF FORCE (10/16/02)

As an alternative and/or the precursor to the actual use of force, sworn MPD employees may verbally announce their intent to use force. Sworn employees may display an authorized weapon as a threat of force. The threatened use of force shall only occur in situations that a sworn employee reasonably believes may result in the authorized use of force. This policy shall not be construed to authorize unnecessarily harsh language. (08/17/07)

5-305 AUTHORIZED USE OF DEADLY FORCE (08/17/07)

Minn. Stat. §609.066 sub. 2 – “The use of deadly force by a peace officer in the line of duty is justified only when necessary:

• To protect the peace officer or another from apparent death or great bodily harm;

• 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 involving the use or threatened use of deadly force, or;

• To effect the arrest or capture, or prevent the escape, of a person who the officer knows or has reasonable grounds to believe has committed or attempted to commit a felony if the officer reasonably believes that the person will cause death or great bodily harm if the person’s apprehension is delayed.”

In addition to Minn. Stat. §609.066, MPD policies shall utilize the United States Supreme Court decision in Tennessee vs Garner as a guideline for the use of deadly force.

The Tennessee vs Garner case references that:

“Apprehension by the use of deadly force is a seizure subject to the Fourth Amendment’s reasonableness requirement.”

“The use of deadly force to prevent the escape of all felony suspects, whatever the circumstances, is constitutionally unreasonable.”

Sworn MPD employees shall recognize that:

• For the safety of the public, warning shots shall not be fired.

• The use of a firearm, vehicle, less-lethal or non-lethal weapon, or other improvised weapon 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.

5-306 USE OF FORCE – REPORTING AND POST INCIDENT REQUIREMENTS (08/17/07)

Any sworn MPD employee that uses force shall comply with the following requirements:

Medical Assistance:

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.

Supervisor Notification and CAPRS Reporting Requirements

• No CAPRS Report Required.

Unless an injury or alleged injury has occurred, the below listed force does not require a CAPRS report or supervisor notification.

o Escort Holds

o Joint Manipulations

o Nerve Pressure Points (Touch Pressure)

o Handcuffing

o Gun drawing or pointing

• CAPRS Report Required – No Supervisor Notification required.

The following listed force requires a CAPRS report, but does not require supervisor notification.

o Takedown Techniques

o Chemical Agent Exposure

• CAPRS Report Required - Supervisor Notification Required.

All other force, injuries or alleged injury incidents require both a CAPRS report and supervisor notification. The sworn employee shall remain on scene and immediately notify a supervisor by phone or radio of the force that was used.

• A CAPRS report entitled “FORCE” shall be completed as soon as practical, but no later than the end of that shift. A supplement describing the use of force incident in detail shall be completed and entered directly into the CAPRS reporting system (no handwritten force reports). Employees shall ensure that all applicable force portions of the CAPRS report are completed in full.

• Sworn employees shall complete a CAPRS report entitled "PRIORI" for all incidents in which a person has a prior injury, or prior alleged injury, and there is actual physical contact or transportation by the police.

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,

o Any injuries sustained (real or alleged) and

o Any medical aid / EMS rendered

5-307 SUPERVISOR FORCE REVIEW (08/17/07) (12/15/09)

On-duty Supervisor Responsibilities.

The supervisor who is notified of a Use of Force incident by any sworn MPD employee shall:

1. Instruct the involved employees to have the subject of the use of force remain on-scene until the supervisor arrives, if it is reasonable to do so.

a. If the subject of the use of force does not remain on-scene, the supervisor shall go to the subject’s location, if necessary, to complete the investigation.

2. Respond to the incident scene and conduct a preliminary investigation of the Use of Force incident.

a. Determine if the incident meets the criteria for a Critical Incident.

• If so, follow Critical Incident Policy, Section 7-810.

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

c. Note any reported injury (actual or alleged) to any individual involved.

d. Photograph any visible signs of injury to any individual involved.

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

f. Locate and review any evidence related to the force incident (e.g. MVR, security video, private cameras, etc.). (12/15/09)

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

h. Locate and identify witnesses of to the use of force incident. (12/15/09)

i. Obtain statements from witnesses of to the use of force incident.

j. Contact the Internal Affairs Unit Commander immediately by phone if the force used appears to be unreasonable or constitutes possible misconduct.

3. Complete and submit the Supervisor Use of Force Review and Summary in CAPRS as soon as practical, but prior to the end of that shift.

a. 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. (12/15/09)

b. Include in the Summary, a specific statement that indicates based upon the totality of information available at the time of report, whether it is believed that the force used was: (12/15/09)

• reasonable and within policy; or

• not reasonable or not within policy

4. Review all sworn employees’ CAPRS reports and supplements related to the use of force incident for completeness and accuracy.

5-308 NOTIFICATION OF FIREARM DISCHARGES (10/16/02)

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: (08/17/07)

• During legal target shooting;

• While at an established target range;

• While conducting authorized ballistics tests;

• While engaged in recreational hunting activities;

• When authorized by a supervisor to shoot a wounded or dangerous animal;

• When authorized to disable a light, lock or other object that presents an impediment or hazard.

• MPD SWAT Chemical Munitions discharges. (Information will be part of the CAPRS reporting of the event.) (08/17/07)

The advised supervisor is responsible for notifying the Watch Commander, the Commander of the Internal Affairs Unit, and when appropriate, the employee’s Deputy Chief and the on-duty homicide investigator.

At any officer-involved shooting incident, the Critical Incident Policy (P/P Section 7-800) shall be followed.

The advised supervisor shall ensure that urine and other tests are conducted in accordance with the MPD Drug & Alcohol Testing Policy. Before requiring an employee to undergo drug and alcohol testing, the supervisor shall provide the individual with a form onto, (1) acknowledge that the employee has seen the drug and alcohol testing policy, and, (2) indicate consent to undergo the drug and alcohol testing policy.

5-309 WRITTEN REPORT ON DISCHARGE OF FIREARMS (10/16/02)

All employee firearm discharges that require notification, other than Critical Incidents, shall be reported in CAPRS, including a supplement, by the employee involved and the supervisor who was notified. The report shall be titled, “DISWEAP.” The supervisor shall then complete a Supervisor Force Review. (08/17/07)

If the involved employee is unable to make a CAPRS report, the supervisor shall initiate the CAPRS report.

The Watch Commander shall include all case numbers on the Watch Commander log.

5-310 USE OF UNAUTHORIZED WEAPONS (10/16/02) (08/17/07)

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 Unit. 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. (08/17/07)

5-311 USE OF NECK RESTRAINTS AND CHOKE HOLDS (10/16/02) (08/17/07)

Neck restraints are considered an authorized use of non-deadly force, if used properly and with appropriate training. These techniques however, can pose serious threats to the safety of a sworn employee and the subject if not applied properly. It is imperative that all sworn employees who elect to use these techniques in a non-deadly force situation understand the risks involved and are trained in their use.

Neck Restraint: Defined as compressing one or both sides of a person’s neck with an arm or leg, without applying direct pressure to the trachea or airway (front of the neck). A neck restraint may be used as a non-deadly force option when reasonably necessary. Only those sworn employees who have received initial and ongoing training from the MPD Training Unit are authorized to use neck restraints and only those techniques authorized by the MPD Training Unit may be used in non-deadly force situations. Sworn employees shall verify that their training is up-to-date prior to using the techniques.

Choke Hold: Defined as applying direct pressure on a person’s trachea or airway (front of the neck), blocking or obstructing the airway. A choke hold shall only be used when deadly force is justified.

After a neck restraint or choke hold has been used on a person, sworn MPD employees shall keep them under close observation until they are released to medical or other law enforcement personnel.

5-312 CIVIL DISTURBANCES (08/17/07)

Civil disturbances are unique situations that often require special planning and tactics to best bring an unlawful situation under effective control. The on-scene incident commander shall evaluate the overall situation and determine if it would be a reasonable force option to use less-lethal or non-lethal weapons to best accomplish that objective.

Unless there is an immediate need to protect oneself or another from apparent physical harm, sworn MPD employees shall refrain from deploying any less-lethal or non-lethal weapons upon any individuals involved in a civil disturbance until it has been authorized by the on-scene incident commander.

The riot baton is a less-lethal weapon that shall only be deployed for carry or use during, or in anticipation to, a civil disturbance.

5-313 USE OF CHEMICAL AGENTS (10/16/02) (08/17/07)

The MPD approved chemical agent is considered a non-lethal use of force. The use of chemical agents shall be consistent with current MPD training.

Chemical agent canisters larger than 4 oz. are designed to disperse and/or incapacitate groups of individuals who are acting in an unlawful manner. Deployment shall only be authorized and supervised by an on-scene supervisor.

Sworn MPD employees shall exercise due care to ensure that only intended persons are exposed to the chemical agents.

Post exposure treatment (Medical Aid) 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/skin of the affected person with cool water (if available).

• Render medical aid consistent with training and request EMS response for evaluation at anytime if necessary

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.

Use of chemical agents to prevent the swallowing of narcotics is prohibited.

A CAPRS report shall be completed when chemical agents are used.

5-314 USE OF CONDUCTED ENERGY DEVICES (CED) (08/17/07)

The MPD approved CED (P/P Section 3-200 Equipment) is considered a non-lethal weapon. The use of CED’s shall be consistent with current MPD training.

The CED 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.)

The CED can ignite flammable substances and gases. The CED shall not be deployed anytime there is a reasonable belief that a flammable substance or gas is present and may ignite.

Post exposure treatment (Medical Aid) for a person that has been exposed to the electricity from the CED shall include the following:

• Determine if the subject is injured or requires EMS.

• Render medical aid consistent with training and request EMS response for evaluation at anytime if necessary

• Request EMS response for probe removal if probes are located in sensitive areas (face, neck, groin or breast areas).

• Wear protective gloves and remove probes from the person’s non-sensitive body areas.

• Secure the probes (biohazard “sharps”) point down into the expended cartridge and seal with tape.

• When appropriate, visually inspect probe entry sites and/or drive stun locations for signs of injury.

• When appropriate, photograph probe entry sites and/or drive stun locations.

Sworn employees shall routinely monitor the medical condition of a person that has been exposed to the electricity from a CED until they are released to medical or other law enforcement personnel.

5-315 USE OF IMPACT WEAPONS (08/17/07)

The MPD approved impact weapons (P/P Section 3-200 Equipment) are considered less-lethal weapons. The use of impact weapon shall be consistent with current MPD Training.

Post care treatment (Medical Aid) for a person that has been struck with an impact weapon shall include the following:

• Determine if the person is injured or requires EMS

• When appropriate, visual inspect the areas struck for signs of injury

• Render medical aid consistent with training and request EMS response for evaluation at anytime if necessary

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.

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