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101 Use of Force (Revised 06-19-2013)FRIDLEY POLICE DATE OF ISSUE NUMBER: GENERAL ORDER May 15, 2008 101 SUBJECT: REVISION DATE SECTION: Use of Force June 19, 2013 Red I. PURPOSE To formulate department policy and prescribe specific procedures regarding the use of force by officers of this department. II. POLICY As long as members of the public are victims of violent crimes and officers are confronted with force in the performance of their duties, it will remain necessary for peace officers to be properly armed, equipped, and trained. This is necessary for the protection of the officers and the citizens they serve. The intent of this order is to formulate departmental policy regarding the use of force by the Fridley Police officers. The guidelines set forth in this order are not intended to prevent or restrict the officer from acting reasonably in an emergency situation. III. REFERENCES Minnesota Statutes § 609.06 Authorized Use of Force Minnesota Statutes § 609.065 Justifiable Taking of Life Minnesota Statutes § 609.066 Authorized Use of Deadly Force by Peace Officers Minnesota Statutes § 626.8452 Deadly Force and Firearms Use; Policies and Instruction Required. General Order 202 Arrest Procedures General Order 310 Detention Procedures General Order 315 Transporting Prisoners Peace Officers Standards Learning Objectives – Use of Force and Training (P.O.S.T.) Board IV. PROCEDURE A. Use of Force Officers of the department shall use the minimum force necessary to apprehend a suspect and, in all cases, be consistent with Minnesota Statutes 609.06, 609.065, and 609.066. B. Authorized Use of Deadly Force Deadly force is defined as 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 in the direction of another person, or at a vehicle in which another person is believed to be, constitutes deadly force. The use of deadly force by a police officer in the line of duty is justified only when necessary: 1. To protect the officer or another from apparent death or great bodily harm. 2. 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 3. To 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 if the officer reasonably believes that the person will cause death or great bodily harm if apprehension is delayed. Where feasible, a verbal command or warning shall be given before engaging in the use of deadly force. C. Firearms Use Policy 1. General Guidelines Whenever the use of firearms appears justified, the following guidelines will be adhered to: a. An officer should not discharge a firearm when there is substantial danger to innocent bystanders. Regardless of the law, an officer is not morally justified in endangering innocent lives. b. An officer shall not use warning shots for any purpose. Warning shots endanger the lives of bystanders and may prompt a suspect to return fire. c. Officers should not discharge a firearm at or from a moving vehicle except as an ultimate measure of self-defense or defense of another when the suspect is using deadly force. d. When an officer discharges a firearm, the officer must have a reasonable ability to strike the target. e. An officer shall not point or aim a firearm at a person unless there is a legally justified reason and a clearly established objective. f. An officer shall not unnecessarily display any firearm in any public place, or carelessly handle a firearm at any time. 2. Other Authorized Uses a. An officer may discharge a firearm to kill a dangerous animal or one whose removal from further suffering is required on humanitarian grounds and other methods of disposition are impractical. b. An officer may discharge a firearm for target practice at an approved range or other authorized area. 3. Mandatory Blood Test Except in the case of an authorized use specified in section C.2., whenever a member of the Police Department discharges a firearm, either accidentally or in the performance of police duty, the officer shall be required to provide a sample of blood for analysis to determine the presence of alcohol and/or drugs. 4. Registration Members of the department are required to register with the Police Department the description and serial numbers of all personal firearms they carry off-duty. Firearms carried for the sole purpose of hunting or sporting activities are excluded from this requirement. 5. Training a. Officers of the department will receive Use of Force Training as required by M.S.S. 626.8452 prior to being issued or authorized to carry a firearm in the course of employment. b. Officers must complete a firearms qualification course with each personal firearm prior to carrying it while off-duty and annually thereafter. c. Officers are not authorized to carry their department issued firearm off duty until successful completion of the FTO program. 6. Reporting Requirements and Duties of Supervisors a. Except in the case of an authorized use specified in section C.2.b, whenever a member of the Police Department discharges a firearm, either accidentally or in the performance of police duty, the officer shall verbally notify a supervisor as soon as time and circumstances permit. b. Except in the case of an authorized use specified in section C.2., an officer who discharged a firearm shall file a written report (unless otherwise directed by a supervisor) on the incident as soon as possible. c. An officer, who is hospitalized or otherwise physically incapacitated, who has discharged a firearm but is therefore unable to make the required report, shall be relieved of that responsibility in that instance. The supervisor on duty at the time of the discharge of the firearm shall be responsible for filing as complete a report as is possible for the injured officer, pending further departmental investigation. d. Each reportable discharge of a firearm shall be investigated personally by the supervisor on duty. Except in the case of an authorized use specified in section C.2., the supervisor shall as soon as practical but without unreasonable delay ensure that an officer who has discharged a firearm is transported to a medical facility where a sample of blood will be taken to determine the presence of alcohol and/or drugs. e. After conducting a thorough investigation of the circumstances attending the discharge of the firearm the supervisor shall submit a detailed written report of the results of the investigation to the Public Safety Director through the chain of command. The report shall also contain the observations and conclusions of the supervisor as to whether the discharge was justified and in accordance with the rules and regulations. 7. Back-up guns The carrying of back-up guns while on duty will be allowed under the following guideline: a. The preferred back-up gun is the same make and caliber as the current issue duty weapon of the Fridley PD. b. Other weapons must be of reputable manufacture and quality in a caliber of .380, 9mm, .38, .357, .40 or .45. Weapons produced by the following manufacturers in one of the listed calibers are deemed to meet this requirement: Glock, S&W, Colt, Sig Sauer, Beretta, Springfield Armory, Kimber and Ruger. Weapons produced by companies not listed here require a review by the department’s Rangemaster and Firearms Program Coordinator and final approval by the Public Safety Director. c. Before the weapon can be carried as a back-up, it must first be inspected by a department certified instructor and armored to ensure the weapon is serviceable, of good quality and does not appear to have been altered or modified from factory specifications. Manufacturer upgrades, repairs and authorized replacement parts do not constitute an alteration or modification. d. Maintenance and serviceability of any personally owned back-up weapon is the responsibility of the officer. The weapon will be inspected by a department certified armorer annually at the time of qualification to determine if any modifications have been done and serviceability. b. Back-up guns must be concealed under an outer layer of clothing, and carried in a secure fashion. c. Officers must register the serial number of their back-up gun with the police department. d. Officers must complete a qualification course with their back-up gun a minimum of once yearly. e. Any variance to the above guidelines must be approved by the Public Safety Director. D. Impact Weapons 1. The Asp, baton (straight stick), flashlight, side handle baton, and riot baton are the only authorized impact weapons for use by officers of this department. No officer is authorized to use any impact weapon without completing a training course on that particular weapon. This does not prevent the officer from using whatever is available in situations where the threat of death or substantial bodily harm exists to the officer or another. 2. The authorized impact weapons provide the necessary force between weaponless defense and the firearm. Use of impact weapons is proper in situations requiring a lawful degree of force less than that construed as deadly force, to effect the arrest of an individual who has assaulted an officer or whom the officer has reason to believe is about to assault him/her, or another in the officer’s immediate presence. 3. Strike areas which are most effective are those intended to cause temporary motor dysfunction of a portion of the body, not injury. Strikes intended for the head, neck, throat, groin, and spine may be employed in circumstances where there is reason to believe the officer or another will suffer great bodily harm or death. E. Less Lethal Special Impact Munitions Special Impact Munitions (SIM's) are extended range impact munitions which can be fired, launched or otherwise propelled for the purpose of encouraging compliance, overcoming resistance or preventing serious injury without posing significant potential of causing death. 1. Deployment a. Use of SIM's should occur after all other options to control or apprehend a suspect have been considered. Use of SIM's could be used to neutralize a significant immediate threat that would otherwise result in the use of deadly force. b. Use of SIM's is an option where person(s) are posing a threat to harm themselves. c. Verbal persuasion and warnings are required before the use of SIM's if circumstances allow it without risk to the safety of the officers or others. d. The deployment and use of SIM's are decisive actions that could assist in achieving the goal of protection of life and/or the restoration of order. SIM's should be considered whenever their use could reduce the risk of injury to officers, innocent citizens and/or suspects. Circumstances justifying the use of these munitions include, but are not limited to: 1) Suspect to be arrested has the immediate ability to cause great bodily harm or death. 2) Situations wherein a SIM's trained officer believes that deadly force would otherwise be justified in the absence of a less lethal option, i.e. in the face of imminent death or great bodily harm to self or others. 3) Restoration or maintenance of order during a civil disturbance which could otherwise result in great bodily harm to officers and/or others. 4) Subduing vicious animals that could cause great bodily harm or endanger the lives of officers involved. 5) A suspect who makes overt, hostile, attacking movements with or without a weapon which may cause injury to officers or others. 2. Authorization a. The Public Safety Director has authorized less lethal SIM's for use by trained sworn personnel. b. Personnel authorized to use less lethal SIM's shall successfully complete a department approved training course in their proper use and deployment. 3. Approved SIM's and launcher a. The following SIM's and launcher are approved for use: 1. Munitions: The eXact iMpact 40mm smokeless powder sponge round. This munition is intended for direct fire deployment with an optimal energy range of approximately 10-75 feet, although it may be used in situations from 5 to 120 feet. 2. Launcher: The 40mm rifled launcher. 4. Training a. Designated users shall successfully complete a user course b. Successful completion of the user course shall include passing a written examination and qualifying with the approved less lethal SIM's. c. Authorized officers shall qualify annually. 5. Reporting a. When an officer uses a less lethal SIM authorized in this general order, a Use of Force form will be prepared along with an ICR/Supplementary form. b. All persons struck with the less lethal SIM's shall be inspected for injury by medical personnel and photographs of the impact area taken when practical. F. Aerosol Subject Restraints 1. Officers will only carry Aerosol Subject Restraints (ASR) issued by this department. a. ASR will be used consistent with departmental Use of Force training. b. The subject shall be interviewed and inspected not less than 30 minutes nor more than one hour after exposure. The subject shall be offered medical attention after exposure and prior to any transfer to jail facilities or release. 2. Tactical Aerosol and Tear Gas Equipment. a. Tactical aerosol or tear gas equipment may be used at the discretion of the shift supervisor. b. Tactical aerosol or tear gas equipment is appropriate for use of crowd control or in barricade situations. c. Consideration will be given to wind effects and possible resulting fires when using tactical aerosol or tear gas equipment. d. Tactical aerosol or tear gas equipment will be used by trained personnel only. G. Electronic Control Weapon Use 1. Authorization a. Sworn officers, Reserve Officers, and Community Service Officers in an official capacity may carry an Electronic Control Weapon when such Tool has been approved for use by the Public Safety Director. Carrying an Electronic Control Weapon is optional; however, any officer who elects to carry such a tool may do so only after receiving training on its use. b. The Electronic Control Weapon is hereby authorized for use by Fridley Police Department members. The Electronic Control Weapon is a non-lethal tool that uses propelled wires or direct contact to conduct energy to affect the sensory and motor functions of the nervous system. The Taser X26 is approved for use by members of the Fridley Police Department. c. Sworn officers, Reserve Officers, and Community Service Officers must be trained in the use of the Asp, straight baton (night stick) or side-handle baton prior to carrying the Electronic Control Weapon. 2. Conditions of Use a. The Electronic Control Weapon is an intermediary tool which falls between the use of hands and the use of lethal force, and its use is authorized only when used consistent with department authorized training and provisions of this policy. b. The Electronic Control Weapon may be used: 1) only as necessary to overcome physical or non- compliant resistance encountered in the discharge of an official duty where it is believed that the use of a less obtrusive method would either allow the individual to escape, or would reasonably expose the officer or others to physical injury. 2) as a warning device or intimidation tool to gain compliance with a legal verbal command but only in circumstances justifying the authorized use of force. 3) to subdue animals for the purpose of animal control. 4) during department regulated training. c. The Electronic Control Weapon may not be used: 1) as an interrogative device either through application or threat thereof 2) to threaten, harass, coerce, taunt, or abuse anyone. 3) in areas where there are concentrations of combustible materials. 4) in an unlawful manner. 5) on non-viable contact areas. However, this does not expose the officer or others to an unreasonable level of risk or harm merely to avoid these areas. An officer’s safety and that of other officers and civilians is of primary concern. H. Electronic Control Weapon Usage The Electronic Control Weapon is deployed as an additional law enforcement tool and is not intended to replace firearms or self-defense techniques. The Electronic Control Weapon may be used to control a dangerous or violent subject when deadly force does not appear justified and/or necessary; or attempts to subdue a subject by conventional tactics have been, or will likely be, ineffective; or there is a reasonable expectation that it will be unsafe for officers to approach within contact range of the subject. 1. Prior to the use of the Electronic Control Weapon, if practical, announce your deployment of a “Taser” indicating a use of the Electronic Control Weapon is imminent. 2. If the Electronic Control Weapon is used to subdue a subject, officer(s) shall report the incident by preparing a report or supplement, and also a Use of Force Report. Once the probes have been safely removed the puncture site can be treated with a sanitizing element and a bandage. Officers shall offer further medical care to the subject. 3. Do not remove a probe if the shaft is too deeply imbedded, or is in a sensitive area such as the eye, neck, head, female breast or groin. In such cases the subject shall be transported to a hospital for medical care and the probe removal. 4. When practical, take photos of where the probe(s) contacted the subject. 5. The Taser cartridge and probes used shall be gathered and entered into evidence. The probes shall be handled in accordance with biohazard materials. The probes shall be inverted and placed into the portals of the spent Taser cartridge. The probes will then be secured in place using tape. When possible, collect several Aphids and include them with the cartridge in evidence. 6. Officers will note the serial number of any Taser used when the probes are fired at a subject and contact is made, or if the Electronic Control Weapon is used in a drive stun mode. I. Use of Force Reporting Whenever an officer uses force upon the person of another without their consent to obtain compliance, a Use of Force Form must be completed by the officer. 1. The form shall include: a. the names of the officers present when the use of force occurred b. the reasons force had to be used and c. the type of force which was used 2. The form shall be completed prior to the end of the officer’s shift. If that cannot be accomplished because of injury, etc. the shift supervisor shall complete the form with any information available. 3. The original Use of Force form will be filed along with the case ICR and the copy will be submitted to the division commander. 4. If the Electronic Control Weapon was used to subdue a subject, a supervisor shall complete the Supervisor Taser Use Report and submit the data to Taser International via the Internet.