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HomeMy WebLinkAboutUse of Force 8-11-2023Policy 300 Otter Tail County Sheriff's Office Otter Tail Cnty SO Policy Manual Copyright Lexipol, LLC 2023/08/11, All Rights Reserved. Published with permission by Otter Tail County Sheriff's Office Use of Force - 1 Use of Force 300.1 PURPOSE AND SCOPE This policy provides guidelines on the reasonable use of force. While there is no way to specify the exact amount or type of reasonable force to be applied in any situation, every member of this office is expected to use these guidelines to make such decisions in a professional, impartial, and reasonable manner (Minn. Stat. § 626.8452). In addition to those methods, techniques, and tools set forth below, the guidelines for the reasonable application of force contained in this policy shall apply to all policies addressing the potential use of force, including but not limited to the Control Devices and Conducted Energy Device policies. 300.1.1 DEFINITIONS Definitions related to this policy include: Bodily harm - Physical pain or injury. Deadly force - Force reasonably anticipated and intended to create a substantial likelihood of causing death or great bodily harm. Feasible - Reasonably capable of being done or carried out under the circumstances to successfully achieve the arrest or lawful objective without increasing risk to the deputy or another person. Force - The application of physical techniques or tactics, chemical agents, or weapons to another person. It is not a use of force when a person allows him/herself to be searched, escorted, handcuffed, or restrained. 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. Imminent - Ready to take place; impending. Note that imminent does not mean immediate or instantaneous. Totality of the circumstances - All facts and circumstances known to the deputy at the time, taken as a whole, including the conduct of the deputy and the subject leading up to the use of force. 300.2 POLICY The use of force by law enforcement personnel is a matter of critical concern, both to the public and to the law enforcement community. Deputies are involved on a daily basis in numerous and varied interactions and, when warranted, may use reasonable force in carrying out their duties. Deputies must have an understanding of, and true appreciation for, their authority and limitations. This is especially true with respect to overcoming resistance while engaged in the performance of law enforcement duties. Otter Tail County Sheriff's Office Otter Tail Cnty SO Policy Manual Use of Force Copyright Lexipol, LLC 2023/08/11, All Rights Reserved. Published with permission by Otter Tail County Sheriff's Office Use of Force - 2 The Otter Tail County Sheriff's Office recognizes and respects the value of all human life and dignity without prejudice to anyone. Vesting deputies with the authority to use reasonable force and to protect the public welfare requires monitoring, evaluation, and a careful balancing of all interests. 300.2.1 DUTY TO INTERCEDE AND REPORT Any deputy present and observing another law enforcement officer or a member using force that is clearly beyond that which is objectively reasonable under the circumstances shall, when in a position to do so, intercede to prevent the use of unreasonable force (Minn. Stat. § 626.8452; Minn. Stat. § 626.8475). Any deputy who observes another law enforcement officer or a member use force that is potentially beyond that which is objectively reasonable under the circumstances shall report these observations to a supervisor as soon as feasible (Minn. Stat. § 626.8452; Minn. Stat. § 626.8475). 300.2.2 ADDITIONAL REQUIREMENTS A deputy reporting a use of force by another law enforcement officer or member pursuant to this policy shall also make the report in writing to the Sheriff within 24 hours (Minn. Stat. § 626.8475). 300.2.3 PERSPECTIVE When observing or reporting force used by a law enforcement officer, each deputy should take into account the totality of the circumstances and the possibility that other law enforcement officers may have additional information regarding the threat posed by the subject. 300.3 USE OF FORCE Deputies shall use only that amount of force that reasonably appears necessary given the facts and circumstances perceived by the deputy at the time of the event to accomplish a legitimate law enforcement purpose. The reasonableness of force will be judged from the perspective of a reasonable deputy on the scene at the time of the incident. Any evaluation of reasonableness must allow for the fact that deputies are often forced to make split-second decisions about the amount of force that reasonably appears necessary in a particular situation, with limited information and in circumstances that are tense, uncertain, and rapidly evolving. Given that no policy can realistically predict every possible situation a deputy might encounter, deputies are entrusted to use well-reasoned discretion in determining the appropriate use of force in each incident. It is also recognized that circumstances may arise in which deputies reasonably believe that it would be impractical or ineffective to use any of the tools, weapons, or methods provided by this office. Deputies may find it more effective or reasonable to improvise their response to rapidly unfolding conditions that they are confronting. In such circumstances, the use of any improvised device or method must nonetheless be reasonable and utilized only to the degree that reasonably appears necessary to accomplish a legitimate law enforcement purpose. Otter Tail County Sheriff's Office Otter Tail Cnty SO Policy Manual Use of Force Copyright Lexipol, LLC 2023/08/11, All Rights Reserved. Published with permission by Otter Tail County Sheriff's Office Use of Force - 3 While the ultimate objective of every law enforcement encounter is to avoid or minimize injury, nothing in this policy requires a deputy to retreat or be exposed to possible physical injury before applying reasonable force. 300.3.1 USE OF FORCE TO EFFECT AN ARREST A deputy may use reasonable force (Minn. Stat. § 609.06 and Minn. Stat. § 629.33): (a)In effecting a lawful arrest. (b)In the execution of a legal process. (c)In enforcing an order of the court. (d)In executing any other duty imposed by law. (e)In preventing the escape, or to retake following the escape, of a person lawfully held on a charge or conviction of a crime. (f)In restraining a person with a mental illness or a person with a developmental disability from self-injury or injury to another. (g)In self-defense or defense of another. A deputy who makes or attempts to make an arrest need not retreat or desist from his/her efforts by reason of resistance or threatened resistance of the person being arrested; nor shall such deputy be deemed the aggressor or lose his/her right to self-defense by the use of reasonable force to effect the arrest or to prevent escape or to overcome resistance. 300.3.2 FACTORS USED TO DETERMINE THE REASONABLENESS OF FORCE When determining whether to apply force and evaluating whether a deputy has used reasonable force, a number of factors should be taken into consideration, as time and circumstances permit. These factors include but are not limited to: (a)Immediacy and severity of the threat to deputies or others. (b)The conduct of the individual being confronted, as reasonably perceived by the deputy at the time. (c)Deputy/subject factors (e.g., age, size, relative strength, skill level, injuries sustained, level of exhaustion or fatigue, the number of deputies available vs. subjects). (d)The effects of suspected drug or alcohol use. (e)The individual’s mental state or capacity. (f)The individual’s ability to understand and comply with deputy commands. (g)Proximity of weapons or dangerous improvised devices. (h)The degree to which the individual has been effectively restrained and his/her ability to resist despite being restrained. (i)The availability of other reasonable and feasible options and their possible effectiveness (Minn. Stat. § 626.8452). (j)Seriousness of the suspected offense or reason for contact with the individual. Otter Tail County Sheriff's Office Otter Tail Cnty SO Policy Manual Use of Force Copyright Lexipol, LLC 2023/08/11, All Rights Reserved. Published with permission by Otter Tail County Sheriff's Office Use of Force - 4 (k)Training and experience of the deputy. (l)Potential for injury to deputies, suspects, and others. (m)Whether the individual appears to be resisting, attempting to evade arrest by flight, or is attacking the deputy. (n)The risk and reasonably foreseeable consequences of escape. (o)The apparent need for immediate control of the individual or a prompt resolution of the situation. (p)Whether the conduct of the individual being confronted no longer reasonably appears to pose an imminent threat to the deputy or others. (q)Prior contacts with the individual or awareness of any propensity for violence. (r)Any other exigent circumstances. 300.3.3 PAIN COMPLIANCE TECHNIQUES Pain compliance techniques may be effective in controlling a physically or actively resisting individual. Deputies may only apply those pain compliance techniques for which they have successfully completed office-approved training. Deputies utilizing any pain compliance technique should consider: (a)The degree to which the application of the technique may be controlled given the level of resistance. (b)Whether the individual can comply with the direction or orders of the deputy. (c)Whether the individual has been given sufficient opportunity to comply. The application of any pain compliance technique shall be discontinued once the deputy determines that compliance has been achieved. 300.3.4 CAROTID CONTROL HOLD A carotid control hold is a technique designed to control an individual by 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 (Minn. Stat. § 609.06, Subd. 3). The proper application of the carotid control hold may be effective in restraining a violent or combative individual. However, due to the potential for injury, the use of the carotid control hold is limited to those circumstances where deadly force is authorized and is subject to the following (Minn. Stat. § 609.06; Minn. Stat. § 609.066): (a)At all times during the application of the carotid control hold, the response of the individual should be monitored. The carotid control hold should be discontinued when circumstances indicate that the application no longer reasonably appears necessary. (b)Any individual who has had the carotid control hold applied, regardless of whether he/ she was rendered unconscious, shall be promptly examined by paramedics or other qualified medical personnel and should be monitored until such examination occurs. Otter Tail County Sheriff's Office Otter Tail Cnty SO Policy Manual Use of Force Copyright Lexipol, LLC 2023/08/11, All Rights Reserved. Published with permission by Otter Tail County Sheriff's Office Use of Force - 5 (c)The deputy shall inform any person receiving custody, or any person placed in a position of providing care, that the individual has been subjected to the carotid control hold and whether the individual lost consciousness as a result. (d)Any deputy attempting or applying the carotid control hold shall promptly notify a supervisor of the use or attempted use of such hold. (e)The use or attempted use of the carotid control hold shall be thoroughly documented by the deputy in any related reports. 300.3.5 ALTERNATIVE TACTICS - DE-ESCALATION When circumstances reasonably permit, deputies should use non-violent strategies and techniques to decrease the intensity of a situation, improve decision-making, improve communication, reduce the need for force, and increase voluntary compliance (e.g., summoning additional resources, formulating a plan, attempting verbal persuasion). 300.3.6 STATE RESTRICTIONS ON THE USE OF OTHER RESTRAINTS Deputies may not use any of the following restraints unless the use of deadly force is authorized (Minn. Stat. § 609.06; Minn. Stat. § 609.066): (a)A chokehold. For purposes of this policy, a chokehold only refers to the method of applying sufficient pressure to an individual 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. 1.If applied, a chokehold is subject to the same guidelines and requirements as a carotid control hold. (b)Tying all of an individual’s limbs together behind the person’s back to render the person immobile. (c)Securing an individual in any way that results in transporting the person face down in a vehicle. 300.4 DEADLY FORCE APPLICATIONS When reasonable, the deputy shall, prior to the use of deadly force, make efforts to identify as a peace officer and to warn that deadly force may be used, unless the deputy has objectively reasonable grounds to believe the person is aware of those facts. Use of deadly force is justified only if an objectively reasonable deputy would believe, based on the totality of the circumstances known to the deputy at the time and without the benefit of hindsight, that such force is necessary (Minn. Stat. § 609.066): (a)To protect the deputy or another from death or great bodily harm. (b)To effect the arrest or capture, or prevent the escape, of an individual whom the deputy knows or has reasonable grounds to believe has committed or attempted to commit a felony and the deputy reasonably believes that the person will cause death or great bodily harm to another person unless immediately apprehended. Otter Tail County Sheriff's Office Otter Tail Cnty SO Policy Manual Use of Force Copyright Lexipol, LLC 2023/08/11, All Rights Reserved. Published with permission by Otter Tail County Sheriff's Office Use of Force - 6 In both scenarios, the use of deadly force is only authorized provided that the threat (Minn. Stat. § 609.066): •Can be articulated with specificity. •Is reasonably likely to occur absent action by the deputy. •Must be addressed through the use of deadly force without unreasonable delay. A deputy shall not use deadly force against an individual based on the danger the individual poses to self unless the use of deadly force is justified (Minn. Stat. § 609.066). 300.4.1 MOVING VEHICLES Shots fired at or from a moving vehicle involve additional considerations and risks, and are rarely effective. When feasible, deputies should take reasonable steps to move out of the path of an approaching vehicle instead of discharging their firearm at the vehicle or any of its occupants. A deputy should only discharge a firearm at a moving vehicle or its occupants when the deputy reasonably believes there are no other reasonable means available to avert the imminent threat of the vehicle, or if deadly force other than the vehicle is directed at the deputy or others. Deputies should not shoot at any part of a vehicle in an attempt to disable the vehicle. 300.5 REPORTING THE USE OF FORCE Any use of force by a member of this office shall be documented promptly, completely, and accurately in an appropriate report, depending on the nature of the incident. The deputy should articulate the factors perceived and why he/she believed the use of force was reasonable under the circumstances. To collect data for purposes of training, resource allocation, analysis, and related purposes, the Office may require the completion of additional report forms, as specified in office policy, procedure, or law. See the Report Preparation Policy for additional circumstances that may require documentation. 300.5.1 NOTIFICATIONS TO SUPERVISORS Supervisory notification shall be made as soon as practicable following the application of force in any of the following circumstances: (a)The application caused a visible injury. (b)The application would lead a reasonable deputy to conclude that the individual may have experienced more than momentary discomfort. (c)The individual subjected to the force complained of injury or continuing pain. (d)The individual indicates intent to pursue litigation. (e)Any application of the conducted energy device or control device. (f)Any application of a restraint device other than handcuffs, shackles, or belly chains. Otter Tail County Sheriff's Office Otter Tail Cnty SO Policy Manual Use of Force Copyright Lexipol, LLC 2023/08/11, All Rights Reserved. Published with permission by Otter Tail County Sheriff's Office Use of Force - 7 (g)The individual subjected to the force was rendered unconscious. (h)An individual was struck or kicked. (i)An individual alleges unreasonable force was used or that any of the above has occurred. 300.5.2 STATE REPORTING REQUIREMENTS The Sheriff shall provide for the filing of a report with the Bureau of Criminal Apprehension (BCA) on a monthly basis and in the form required by BCA (Minn. Stat. § 626.5534). There may be additional reporting requirements regarding misconduct (see the Standards of Conduct Policy) (Minn. Stat. § 626.8457). 300.6 MEDICAL CONSIDERATIONS Once it is reasonably safe to do so, medical assistance shall be obtained for any person who exhibits signs of physical distress, has sustained visible injury, expresses a complaint of injury or continuing pain, or was rendered unconscious. Any individual exhibiting signs of physical distress after an encounter should be continuously monitored until the individual can be medically assessed. Individuals should not be placed on their stomachs for an extended period, as this could impair their ability to breathe. Based upon the deputy's initial assessment of the nature and extent of the individual's injuries, medical assistance may consist of examination by an emergency medical services provider or medical personnel at a hospital or jail. If any such individual refuses medical attention, such a refusal shall be fully documented in related reports and, whenever practicable, should be witnessed by another deputy and/or medical personnel. If a recording is made of the contact or an interview with the individual, any refusal should be included in the recording, if possible. The on-scene supervisor or, if the on-scene supervisor is not available, the primary handling deputy shall ensure that any person providing medical care or receiving custody of a person following any use of force is informed that the person was subjected to force. This notification shall include a description of the force used and any other circumstances the deputy reasonably believes would be potential safety or medical risks to the subject (e.g., prolonged struggle, extreme agitation, impaired respiration). Individuals who exhibit extreme agitation, violent irrational behavior accompanied by profuse sweating, extraordinary strength beyond their physical characteristics, and imperviousness to pain, or who require a protracted physical encounter with multiple deputies to be brought under control, may be at an increased risk of sudden death. Calls involving these persons should be considered medical emergencies. Deputies who reasonably suspect a medical emergency should request medical assistance as soon as practicable and have medical personnel stage away. See the Medical Aid and Response Policy for additional guidelines. Otter Tail County Sheriff's Office Otter Tail Cnty SO Policy Manual Use of Force Copyright Lexipol, LLC 2023/08/11, All Rights Reserved. Published with permission by Otter Tail County Sheriff's Office Use of Force - 8 300.7 SUPERVISOR RESPONSIBILITIES A supervisor should respond to a reported application of force resulting in visible injury, if reasonably available. When a supervisor is able to respond to an incident in which there has been a reported application of force, the supervisor is expected to: (a)Obtain the basic facts from the involved deputies. Absent an allegation of misconduct or excessive force, this will be considered a routine contact in the normal course of duties. (b)Ensure that any injured parties are examined and treated. (c)When possible, separately obtain a recorded interview with the individual upon whom force was applied. If this interview is conducted without the individual having voluntarily waived his/her Miranda rights, the following shall apply: 1.The content of the interview should not be summarized or included in any related criminal charges. 2.The fact that a recorded interview was conducted should be documented in a property or other report. 3.The recording of the interview should be distinctly marked for retention until all potential for civil litigation has expired. (d)Once any initial medical assessment has been completed or first aid has been rendered, ensure that photographs have been taken of any areas involving visible injury or complaint of pain, as well as overall photographs of uninjured areas. 1.These photographs should be retained until all potential for civil litigation has expired. (e)Identify any witnesses not already included in related reports. (f)Review and approve all related reports. (g)Determine if there is any indication that the individual may pursue civil litigation. 1.If there is an indication of potential civil litigation, the supervisor should complete and route a notification of a potential claim through the appropriate channels. (h)Evaluate the circumstances surrounding the incident and initiate an administrative investigation if there is a question of policy noncompliance or if for any reason further investigation may be appropriate. In the event that a supervisor is unable to respond to the scene of an incident involving the reported application of force, the supervisor is still expected to complete as many of the above items as circumstances permit. 300.7.1 SHIFT SERGEANT RESPONSIBILITY The Shift Sergeant shall review each use of force by any personnel within his/her command to ensure compliance with this policy and to address any training issues. Otter Tail County Sheriff's Office Otter Tail Cnty SO Policy Manual Use of Force Copyright Lexipol, LLC 2023/08/11, All Rights Reserved. Published with permission by Otter Tail County Sheriff's Office Use of Force - 9 300.8 POLICY REVIEW The Sheriff or the authorized designee should annually review and update this policy to reflect developing practices and procedures.