Hillsdale Police Department Policy and Procedures Manual General Orders

Transcription

1 Hillsdale Police Department Policy and Procedures Manual General Orders SUBJECT: II. OPERATIONS/TRAINING General Order 16: Use of Force DATE OF ISSUE April 1, 2014 ANNUAL REVIEW DATE April 1, 2015 EFFECTIVE DATE April 1, 2014 DATE REVISED Page 1 of 9 POLICY: This written directive is established to provide clear and positive direction to officers related to the use of force. An officer must act reasonably within the limits of his authority as defined by statute and judicial interpretation, thereby insuring that rights of both the individual and the public are protected. Officers are to use only that amount of force, which is reasonable and necessary Definitions: Administrative Review - A review of the facts and circumstances relative to the use of force shall be conducted by the Internal Affairs Division and the Chief of Police, or his/her designee. Reasonable Belief - The facts or circumstances a member knows, or should know, which would cause an ordinary and prudent person to act or think in a similar way under similar circumstances. Non-lethal Weapon - An instrument, object or substance not designed or used in a manner to cause death or serious physical injury. Hands, feet, knees or other parts of the body may be considered non-lethal weapons. Firearms - Any weapon from which a projectile is forcibly ejected by an explosive. Non-deadly force - The force employed, which is neither likely nor intended to cause death or serious physical injury. Progressive Force - The escalation of force used by an officer in order to control a situation from minimal force to maximum force. Deadly Force - Any force applied in any manner by means that could reasonably be expected to cause death or serious physical injury. The discharge of a firearm, even though no intent exists to kill or inflict serious physical injury. Excessive Force - All force beyond what is objectively and reasonably required to successfully effect, legitimate self-defense or any other lawful purpose. Excessive force is always unnecessary force. Each situation must be evaluated according to particular circumstances. As a guide, Graham v. Conner, 109 S. Ct. 1865, 104 (1989) set forth the objectively reasonable standard to determine whether the force applied was excessive. The reasonable test states: - Reasonableness is determined by balancing the nature and quality of intrusion with the counter veiling government interest. - The reasonableness analysis contemplates careful consideration of the facts and circumstances of the encounter, including: 1. Severity of the crime. 2. Whether the suspect poses an immediate threat to the safety of the officer(s) and/or others. 3. Whether the suspect is actively resisting arrest or attempting to evade arrest by flight.

2 4. The officer has evil or malicious intent or evidences a callous disregard for the suspect the officer may be liable for punitive damages or possibly criminal culpability. 5. At no time shall officers strike, beat, hit, struggle, shoot, stab, and/or use any amount of force that is not justified nor permitted by law. 6. Serious Physical Injury - Injury that creates a substantial risk of death or that causes serious disfigurement or protracted loss or impairment of the function of any part of the body. Unnecessary Force - is any force that is uncalled for and that serves no legitimate purpose General Policy: Officers are confronted frequently with situations where, in order to protect public Safety, and the officer, force may be exercised. Control may be achieved through advice, warnings, and persuasion, or by the use of physical force. Obviously, there are varying degrees of force that may be justified depending on the dynamics of the situation. The department expects that officers will employ the amount of force which is objectively reasonable to accomplish a legal purpose. When applying deadly force, an officer's objective must be to stop or incapacitate the suspect. The use of Excessive Force shall result in certain corrective action and may result in criminal prosecution. The use of force by officers shall, when circumstances permit, be progressive in nature. The point of entry into the use of force continuum will vary with each situation. The level of force may escalate at any time and officers must be prepared to meet the threat with that amount of force which is objectively reasonable to control the situation. Officers employing physical force to overcome a subject's resistance will be required to complete a special Use of Force Report in accordance with Department General Order, Reporting Use of Force (refer to model policy on reporting use of force). At no time shall a person be secured in a fashion known as Hog-tying Progressive Force: Refers to the escalation of force used by an officer in order to control a situation, from minimal force to maximum force. An illustration of the department's Use of Use of Force Force: Confrontation/Control Continuum is presented as Appendix 2, of this order. The use of force by officers shall be in compliance with the training standards established by the department. Officers of this department shall only use that level of force, which is objectively reasonable under the circumstances to neutralize or prevent unlawful behavior Level Cooperative: In the course of normal patrol, the officer's contact with the general population is vastly more positive than negative, and likewise, much more prone to

3 non-force than forceful confrontation. Even in exceptional cases, at times the officer may simply re-adjust his spatial positioning or elicit greater eye contact (body language methods) and gain reluctant compliance of the individual. Or the noncompliant individual may have the officer's request repeated or verbally convinced that increased reluctance need not progress to resistance (verbal persuasion methods) culminating in eventual compliance. In dealing with people, each officer shall attempt to make his/her contact one which inspires respect and generates cooperation and approval of the public. A citizen's encounter with the police can be a frightening, emotional experience and under these circumstances the risk of misunderstanding is great. The manner and form in which an officer speaks to the individual(s) can be an effective means of exerting verbal force in order to control the situation. Verbal force may be in the form of warnings, advice, persuasion, volume and tone control and may, in and of itself, be progressive in nature, depending upon the circumstances. All are effective means of utilizing reasonable and necessary verbal force. If used properly, officers may not have to resort to the use of other forms of force. The majority of arrests made by officers of this department are made peacefully; the prisoner is handcuffed, searched and transported. In these situations there is neither resistance, nor the need to use force. On occasion, some form of physical maneuvering may be required to escort the individual from one location to another Resistance Level I: On occasion, police officers are faced with an uncooperative individual or one who refuses to be placed in custody and other alternatives would be, or have been, ineffective or inappropriate. Incidents of this nature require officers to use sufficient force to make the lawful arrest without unnecessarily aggravating the situation. The object of this level of force is to gain compliance and control while minimizing the risk of injury to the officer, the person being placed into custody and innocent bystanders. Control options could include: body language, verbal persuasion, contact controls, (joint restraints), TASER, and pepper spray Resistance Level II: Resistance in this classification is active in its scope and intensity. The suspect's indifference is expressed via physical defiance. The individual may turn away from the officer and attempt to leave the scene. He/she may actively resist the officer's attempts at control. The critical aspect of Resistance Level II is that no direct force or violence has been directed toward the officer. It should be noted, however, that resisting a control technique could directly or indirectly injure the officer and, therefore, subsequent techniques deployed attempting to gain control of the suspect could legitimately escalate into a higher level of non-compliance. Control options for this level of resistance could include: all techniques listed for Resistance Level I, as well as pain compliance holds, weapons assisted leverage techniques. NOTE: "Strangle Holds" and other similar holds which restrict the ability to breathe are prohibited. Barricaded Subject, Riot Control, Subject Attempting Harm to Self or Others:

4 The Less-than-Lethal Shotgun, (stock and forearm are orange in color) which is loaded with Bean Bag rounds. The rounds may be used when necessary. The shot placement must be within center mass (chest area) and no further than 50 feet away. If less than lethal bean bag rounds are used, a paramedic will be called onto the scene after subject is secured to check subject for any injuries. A supervisor will be notified and a report completed regarding the incident. The command staff with the recommendation of the trained chemical agents personnel shall determine the use of tear gas on a barricaded subject(s) or for a riot control situation. - The use of tear gas will be limited to tactical operations conducted under the direct supervision of personnel trained in the proper use of chemical weapons. - Prior to deployment of chemical agents, due regard shall be exercised for the safety of the subject, police officers, and innocent citizens. Proper scene cordon and evacuation techniques shall be utilized. - The minimal amount of chemical agents necessary under the circumstances shall be deployed. Only non-burning agents will be deployed within a structure or near a potentially flammable environment Assault Level I: In this level, the officer is met with active, hostile resistance expressing itself in the form of physical attack upon the officer. Resistance keys upon the direction of the violence as well as the intensity and, therefore, includes a large realm of resistance activities. In each case, the specific judgment as to overall scope of the violence must err on the side of officer safety. In addition to the control options presented for Resistance Levels I and II, the officer could include intimate impact weapons, police K9, as well as extended impact weapons in his range of force options. Intimate Impact Weapons: This level of unarmed force involves the use of what is commonly known as personal weapons (i.e.; fist, hand, elbow, feet, knee, etc). The use of personal weapons can be employed by officers to defend themselves against unlawful assaults where higher levels of force are not necessary and other verbal and physical force alternatives would be, or have been, ineffective or inappropriate. Application of this level of force must be justified and appropriate. Use of Baton: The baton will be carried by uniformed officers at all times while on duty. The baton shall only be used in accordance with current departmental training standards. The use of the baton shall be restricted to quelling physical confrontations where other verbal or physical force alternatives would be, or have been, ineffective or inappropriate. 1. When carried, the baton will be secured in a manner consistent with established uniform standards. 2. Other types of striking devices are strictly prohibited and shall not be carried while on duty or acting in an official capavillage as a member of this department.

5 16.8 Assault Level II: At this level is the violent subject who by his/her actions creates a reasonable assessment that his non-complaint activity has the potential to cause the officer great bodily harm and even death. Most officers will readily, almost instinctively, perceive when their actions are in defense of life and therefore, justified in force options which range from the levels indicated earlier to include: weapons techniques with debilitating potential, service firearm, and supplemental firearms. All officers are equipped with a firearm to defend themselves or others against deadly force. An officer shoots when it is reasonably necessary to preserve his/her life or the life of another. When a firearm or other deadly force is used, it must be within the realization that the death of a person may occur. Justification for the use of deadly force shall be limited to what reasonably appears to be the facts known or perceived by an officer at the time he/she decides to use such force. Facts unknown to an officer, no matter how compelling, cannot later be considered in determining whether the use of deadly force was justified. An officer may use deadly force in the defense of a citizen or himself/herself from what he/she reasonably believes to be an immediate threat of death or serious physical injury. Provided that the further risk of death or serious physical injury to others, if the violent felon is not apprehended, exceeds the risks inherent in the use of deadly force to others. Deadly force may be used to prevent the escape of a fleeing felon when the officer has exhausted all other means of capture AND: - The officer reasonably believes that the person to be arrested has used deadly force in the commission of a felony, OR: - The officer reasonably believes that the person whose arrest is sought will inflict death or serious physical injury to the officer or others if apprehension is delayed. - Deadly force may be used to kill seriously injured or dangerous animals when no other disposition is reasonably practical. Officers must obtain approval from a supervisor before such action is taken Shoot To Stop: Members may fire weapons to stop an assailant from completing a potentially deadly act as described in this Order. Officers shall be aware of their surroundings to insure minimal danger to innocent bystanders before discharging a weapon. "Warning shots" are prohibited. Weapons shall not be fired toward, into, or at a crowd or gathering. Exception: Unless there is no other course of action left open to the officer to prevent the use of deadly force to his/her self or to the public Shooting At Or From Moving Vehicles: Officers shall not discharge a firearm at or from a moving vehicle, except as the ultimate measure of self-defense, or defense of another, when the suspect is using deadly force Display of Firearms:

6 Firearms may be displayed in the following situations: - When the use of firearms is authorized pursuant to this order. - When the person to be apprehended has committed, or there is probable cause to believe the person to be apprehended has committed, a felony offense and the possibility exists that the individual poses an immediate threat of bodily harm to the officer(s) or others based on the: a. Severity of the charge; b. Individual or number of individuals to be apprehended; c. Credible information received concerning weapons and/or subject's propensity for violence; d. Other circumstances under which the felony arrests may occur which renders the drawing or display of a firearm a reasonable precaution. Firearms Should Not Be Displayed: Except for general maintenance, storage or authorized training, officers shall not draw or exhibit their firearm unless circumstances create strong reasonable cause to believe that it may be necessary to lawfully use the weapon in accordance with this order. A firearm shall not be used as a club, hammer, pry bar, tool, or for any other purpose other than for which it was intended. A revolver shall not be carried or placed at any time in a "cocked" condition. Officers carrying semi-automatic pistols will return the weapon to the double action firing condition as soon as practical after discharging a round or rounds. Officers shall not engage in any "horse play", "quick draw", or any other similar activity. Weapons shall not be used for any purpose other than approved range training, performance of duty, or as otherwise provided by law. Departmental weapons shall not be carried or utilized for hunting, or similar, nonlaw enforcement activity. No officer shall display or provide any weapon to a citizen to inspect, examine or otherwise handle. No officer shall furnish his/her department issued firearm or back-up/off-duty weapon to any citizen or civilian with the purpose of enlisting his or her assistance. Exception: Unless the officer is incapacitated by injury and faces the threat of, or is in imminent danger of having deadly force used against him/her or another person and no other option is available to the injured officer Deadly Force Other Than Firearms Prohibited: Deadly force may consist of the use of items, articles, instruments, or equipment other than firearms, which are designed, intended and routinely utilized for other legitimate police purposes such as vehicles, batons, flashlights, etc. Deliberate use of any such item, article, instrument, or equipment for any purpose other than that for which it was designed and intended, or in a potentially deadly manner (i.e., as a club), is prohibited except in cases where the use of deadly force is specifically authorized by this order. Striking to the head shall be avoided; it may occur only as a LAST RESORT when no other means of control exists and the use of deadly force is justified.

7 16.13 Administrative Duty: When force is used by any member that results in death or serious physical injury the member will be placed on administrative leave or temporarily relieved of any line-duty assignment pending a review of the incident by the Internal Affairs Division and the Chief of Police or his/her designee. Such administrative review will consider, but not be limited to: - The impact of an incident on the community and overall fitness of the member to return to a line-duty assignment. This assignment shall be without loss of pay or benefits, pending the results of the investigation. - The assignment to administrative duties shall not be interpreted to imply or indicate that the officer has acted improperly. While on administrative assignment, the officer will be available at all times for official department interviews and statements regarding the use of deadly force incident, and shall be subject to recall to regular duty at any time. The officer shall not discuss the incident with anyone except the Prosecuting Attorney, the Chief of Police, department personnel assigned to the investigation, the officer's legal counsel, the officer's psychologist, the officer's chosen Clergy and the officer's immediate family Psychological Services For The Officer: In all cases where any person has been injured or killed as a result of the use of deadly force by an officer, the involved officer shall be required to undergo an emotional debriefing with a department furnished psychologist. The purpose of this debriefing will be to allow the officer to express feeling and to deal with the aftereffects of the incident. The member shall be afforded the opportunity to continue psychological services. These subsequent visits will be the officer's choosing and shall continue as determined by the psychologist and member Reports On Use Of Force/Weapons: It is the policy of the Hillsdale Police Department to ensure that all sworn personnel are properly trained and equipped to utilize appropriate and reasonable levels of physical force, as determined by the particular circumstances, in order to protect the public safety. Any officer who uses physical force to over come a subject's resistance shall complete a Use of Force Report. The Use of Force Report shall be used to assist in identifying training and equipment needs. The reports will also provide for the immediate documentation of the force used so that should a complaint be filed, the pertinent facts would be readily available. Immediately following an incident, members shall contact the immediate supervisor and make notification of the circumstances surrounding the incident. The supervisor shall review the Use of Force Report form and forward it along with a copy of the Incident Report to the Commander of Uniform Services.

8 The Use of Force Report shall be kept on file for a period of three years, at which time it will be purged. If a complaint is filed due to the use of force incident, any internal investigation will be conducted. When applying force through the use of a non-lethal weapon, the official police report shall contain detailed information regarding the force used. The official police report shall also contain detailed information when a party in the incident complains of an injury, although it is not visible or otherwise apparent, or if an injury is suspected. Members shall immediately report all discharges of departmental issued firearms and any duty-related discharge of other firearms, except practice and qualification, and any incident in which the member takes an action that results in or is alleged to have resulted in injury or death of another person. This report shall be made to the Shift Commander who will promptly notify the Chief of Police or his designate. The member will prepare, in addition to any necessary official police reports, a memorandum as soon as practical after the occurrence. The immediate supervisor and Watch Commander shall: - Proceed immediately to the scene. - Insure adequate medical aid is on scene for any injured person. - Insure the scene is secure. - Conduct a preliminary field investigation. - Assist the involved officer(s). - Determine the need to assign investigator(s). - Submit a written report of the results of the investigation. All discharge of firearms, except in authorized practice or qualification, or the humane killing of animals, will be investigated. The on-duty commander will initiate investigations. The Internal Affairs Division in cases involving death or serious injury or when other circumstances warrant, will conduct the investigation. In all other cases, the Shift Commander or one of his/her supervisors will conduct the investigation. The results of the investigation will be forwarded to the Chief of Police TASER: Members may be trained and certified in the proper use of the TASER. Members should routinely practice use and handling of the TASER to maintain proficiency in its use. Members will be shot with the TASER while being certified in its use. Members will be instructed in the proper maintenance and handling of the TASER. Officers MUST be trained and certified to the use of a TASER before allowed to carry and use such device. o When a TASER is used in the use of force, a supervisor will be notified immediately and a report completed. o Medical attention is not required, unless an officer thinks it is necessary. o Use of each TASER incident will be documented and recorded with the officer incharge of the TASER records and training.

9 o Upon gaining compliance, the deploying officer shall remove the TASER darts from the suspect in the field in the manner addressed in training, or cause the suspect to be transferred to a medical facility for dart removal based on circumstances presented, and considerations of the Hillsdale Police Department approved training program. Photographs of the affected area shall be taken after the darts are removed. o When the TASER is used the officer will collect the air cartridge, the wire leads, and the darts as evidence Pepper Mace: Members shall be trained and certified in the use of pepper mace. Members should routinely practice use and handling of pepper mace to maintain proficiency in its use. Members shall test fire their pepper mace approximately every three months to check pressurization and spray pattern. Empty canisters, and those having problems or defects shall be turned in for replacement as soon as practical. After using pepper mace on a subject, the decontamination procedures shall be administered as soon as safety allows. Those procedures are as follows: Baton: - Have EMS/Paramedics respond to the scene or station to administer medical attention - Flush contaminated areas with copious amounts of cold water and expose to fresh air as soon as possible after exposure. If the subject is wearing contact lenses, they should remove them immediately. - The subject shall be monitored for a minimum of forty-five (45) minutes after being exposed to pepper mace. If any respiratory problems are observed medical personnel shall be summoned. Members shall receive training in the use of the departmental authorized baton before being authorized to carry it. Striking to the head shall be avoided, it may occur only as a last resort when no other means of control exists and the use of deadly force is justified Police K9 The use of a Police K9 may be used to defend the handler, an innocent by-stander, victim, another suspect, and/or any other person as defined in the K9 policy section of this manual. The handler must be able to make the best possible decision when deciding to use the K9. Whenever possible, the use of the Police K9 should be avoided; except as a defined above and in the K9 policy. The Handler shall be responsible for the actions of the K9 at all times. The Handler shall have liability coverage for the K9 of at least $500,000, mentioning the Village of Hillsdale as the insurer as well. At no time shall the K9 be ordered to engage in any activity not within the scope of this policy.

10 16.20 Civil Rights Investigation: Training: The department shall respect the rights of the federal government to conduct an independent investigation to identify any civil rights violations, which may have occurred. Officers shall receive periodic in-service training regarding defensive tactics and the use of physical force and control holds. This training shall be consistent with current legal trends and generally accepted law enforcement procedures. Only certified instructors shall be utilized to present this training. Although not required, it is preferred that the instructors be sworn members of this department. All training lesson plans shall be prepared by the lead instructor and submitted for review. Areas of concern on the training lesson plans shall be brought to the attention of the Chief of Police or his/her designee for appropriate review. The Chief of Police or his/her designee, prior to implementation, shall approve all training lesson plans. The Chief of Police or his/her designee is responsible for coordinating the training program, to include the scheduling process, equipment and facility acquisition. Entries of this training shall be made on the officer's individual training record. A list of officers failing to attend or pass the required training shall be prepared and forwarded to the Commander of Uniform Services for appropriate corrective action. All sworn personnel shall be required to attend these training sessions as scheduled, unless excused for a justifiable reason by the Chief of Police or his/her designate. All other sworn personnel are encouraged to attend.