Greenville, SC Police Department GENERAL ORDER Subject Force Response

Transcription

1 Greenville, SC Police Department GENERAL ORDER Subject Force Response Number 200A6 Type Operational Effective Date September 20, 2011 Amends/ Rescinds 200A5 Pages 1 of 11 Re-evaluation Annual-January References Notes CALEA1.3.1; 1.3.2; 1.3.3; 1.3.5; 1.3.6; 1.3.7; 1.3.8; ; ; ; POLICY Greenville Police Department personnel will use reasonable force to accomplish lawful objectives. Force will be used to a reasonable extent necessary to protect life and property, effect arrests, conduct lawful investigations, or restrain individuals being detained in order to prevent personal injury to themselves or others. Greenville Police Department officers will: Use reasonable force necessary to overcome resistance for the accomplishment of legitimate lawful objectives; Use lethal force only in order to protect human life or to prevent serious physical injury. 2.0 DEFINITIONS Force Response (Also referred to as use of force. ): An officer s force response is predicated on threats faced by the officer, or directed toward another person or persons, made by individuals, groups of individuals or other threats, such as animals. Force response includes physical actions required to defend against assault, overcome active resistance to arrest or to control the movement of a person. Implied force, through actions or verbal warnings, is not considered a force response by an officer. Imminent Danger: An actual or perceived threat with the potential of causing serious physical injury which is likely, or potentially likely, to occur at any moment. Kinetic Energy Weapon: A less-lethal weapon which fires some type of projectile which is not intended to cause lethal injury. These types of weapons may be munitions designed to be fired from a conventional firearm, such as a shotgun, or from a specialized weapon made for this purpose.

2 200A6 Force Response Page 2 of 11 Less-lethal Force: Action, or actions, which would reasonably be considered not to cause serious physical injury and/or death. Use of less-lethal weapons in a manner intended not to cause serious physical injury and/or death is considered less-lethal force. Unarmed actions which could reasonably be considered not to cause serious physical injury and/or death are also considered use of less-lethal force. Less-lethal Weapon: A device designed to temporarily incapacitate a person in some manner with little potential of causing serious physical injury and/or death. Lethal Force Response: (Also referred to as deadly force or lethal force. ) Action(s) which would reasonably be expected to cause serious physical injury and/or death. Discharging a firearm is always considered use of lethal force. Use of less-lethal weapons in a potentially lethal manner is considered use of lethal force. Any other action, either armed or unarmed, which could reasonably be considered to cause serious physical injury and/or death, is considered use of lethal force. Reasonable Belief: The facts or circumstances the officer knows, or should know, are such as to cause an ordinary and prudent person with similar training and experience to act or think in a similar way under similar circumstances. Serious Physical Injury: A physical injury that creates a substantial risk of death, causes serious and potentially permanent disfigurement, or results in long-term loss or impairment of the functioning of any bodily member or organ. Shoulder Pin Restraint: The shoulder pin restraint is a form of vascular neck restraint which is taught by the South Carolina Criminal Justice Academy (SCCJA) for control and restraint purposes. Neck Restraints: Respiratory Neck Restraint: Establishes control by applying direct pressure to the trachea, control is established through pain compliance and strangulation. Respiratory restraints are considered deadly force. Vascular Neck Restraint: A method of control that applied forearm/wrist and bicep/deltoid pressure to the sides of the neck; control is established through vascular body compression. Vascular restraints are considered hard empty hand control.

3 200A6 Force Response Page 3 of LEVELS OF RESISTANCE: Verbal and/or Physical Non-Compliance: Verbal responses indicating that the subject will not comply with officer commands. Subject may also give non-verbal clues of resistance or aggression. Verbal and/or non-verbal actions may rise to the level of psychological intimidation toward officers. Passive Resistance: Physical actions which are not psychologically intimidating or threatening in nature but make control or movement of the subject difficult. Defensive Resistance: Physical actions that attempt to prevent the officer from controlling the subject but are not a direct assault toward the officer. Attempts to pull away from the officer or flee are examples of this level of resistance. Active Aggression: Physical actions of assault. Aggravated Active Aggression: Active actions of assault which may, or may not, involve a weapon that potentially may cause death or serious physical injury. 4.0 LEVELS OF FORCE RESPONSE: Officer Presence: Though officer presence and communication skills are not physical use-of-force options, they have an impact on the behavior of the subject. Verbal Command: Verbal commands are the minimum level of controlling a subject s behavior. Soft-Empty Hand Control: Simple holding or touching is the minimum level of force in this level of force response. Force options in this level of force also include empty-hand control techniques intended to control the movement of a subject utilizing techniques such as joint locks and pressure point pain compliance techniques. Soft-empty hand control is appropriate when a subject is passively or verbally resisting an officer. Hard-Empty Hand Control: This level of force response includes empty-hand striking techniques, vascular neck restraints, chemical agents and electronic muscular disruption (EMD) devices such as the Taser. Hard-empty hand control force response is appropriate for subjects exhibiting defensive resistance but can also be used for active resistance and aggravated active aggression; however, officers should consider a higher level of force response under these circumstances. Intermediate Weapons: Impact weapons and kinetic energy weapons are considered intermediate weapons that are acceptable alternatives to lethal force.

4 200A6 Force Response Page 4 of 11 This level of force response is the last resort before use of lethal force and is appropriate when a subject is displaying active aggression. Lethal Force: This level of force is appropriate when imminent danger exists which could reasonably be believed to result in death or serious physical injury. Discharging a firearm is considered lethal force, however less-lethal weapons, or other actions, can also be used in a manner which would be considered lethal force. Lethal force is an appropriate force response for aggravated active aggression. 5.0 FORCE RESPONSE CONSIDERATIONS: 5.1 Officers will determine the appropriate level of force response based on the totality of the circumstances of the situation, primarily the actions of the subject or subjects they are dealing with during the situation. Officers can decide to escalate and de-escalate force response as necessary in order to overcome resistance, protect themselves and others and achieve lawful objectives. 5.2 The following variables may affect an officer s decision to escalate a force response: Officer and subject size and gender; Environmental conditions such as darkness, rain, uneven or unstable footing, confined space or objects which may reduce the officer s ability to retreat, or any other environmental factors which place the officer in a disadvantaged and/or compromised position; Multiple subjects; Altered mental state of a subject due to alcohol, drugs, mental illness or agitation which may make him/her act in an unpredictable or dangerous manner; Past violent behavior or use of weapons; Totality of circumstances which make an officer reasonably concerned about his/her safety or the safety of another. 5.3 The actions of a subject, or subjects, is a primary determining reason for officers to choose a level of force response. Although a subject s actions may only be verbally or passively resistive, an officer may be justified in choosing a higher level of force response based on additional factors. Examples of these factors include, but are not limited to: Subject adopts a fighting stance; Subject may be in possession of a weapon;

5 200A6 Force Response Page 5 of 11 Subject will not remove his hands from pockets or from concealment of clothing; Subject is known to have become violent in the past; Subject is so highly agitated that his/her behavior is unpredictable and potentially violent; Any situation that the officer reasonably believes that it would be too dangerous to attempt to use a lower level of force response. 5.4 Force response is, partly, defined as physical actions by an officer directed at an individual. Display of weapons, or the threat of a force response, is not considered a force response by an officer. 5.5 Medical aid will be provided whenever a force response causes injury Any time a subject has a serious injury or medical condition, such as a loss of consciousness, severe bleeding, or any other potentially serious trauma, Emergency Medical Service (EMS) will be requested to respond to the scene If a subject receives a minor injury the subject may be transported by an officer to either the Greenville Memorial Hospital Emergency Room or the intake nurse of the Greenville County Detention Center If any doubt exists as to the severity of the injury or medical condition EMS will be requested to respond. If a subject complains of an injury which is not visible officers will arrange for treatment either by EMS or through other medical service providers. 6.0 LETHAL FORCE RESPONSE: 6.1 A firearm used by a law enforcement officer is a lethal weapon used to protect the officer and the public. Use of a firearm by an officer must be based on a perceived threat of imminent danger The decision to use a firearm will be made based on the officer s training, South Carolina law, Greenville Police Department policies and the totality of the circumstances of the situation Lethal force will be used only when the officer reasonably believes imminent danger exists and the action is in defense of human life, including the officer's own life, or in defense of any person, including the officer, in imminent danger of serious physical injury.

6 200A6 Force Response Page 6 of There are only three instances in which the use of lethal force is justified: Defense of the officer s life or to prevent serious physical injury to the officer. Defense of another person s life or to prevent serious physical injury to another. Apprehension of a suspect(s) which pose an imminent threat to the public or an individual involved in certain felonies which are crimes of violence against others in which the officer reasonably believes that the suspect(s) pose a significant threat to public safety. 6.3 The following three elements must be present before the use of lethal force is justified and authorized: ABILITY: The assailant must have the means to inflict death or serious physical injury to another. The means to inflict death or serious physical injury include possession of a lethal or dangerous weapon or instrument, or possession of the physical ability to overpower and inflict death or serious physical injury by means of personal weapons, i.e. hands, feet, etc.. OPPORTUNITY: The assailant must be close enough to use any weapon(s), instrument(s), or physical ability which would inflict death or serious physical injury to the officer or another person. JEOPARDY: Use of lethal force is justified and authorized when ability and opportunity are present at the same time and the serious and real intent to cause death or serious physical injury is being demonstrated. If either ability or opportunity is not present the use of lethal force is not justified or authorized. 6.4 Officers will use every means at their disposal to prevent assailants from committing assaults before resorting to use of lethal force Voice commands are the minimum means of halting an offense and should be utilized when feasible Physical intrusion, chemical agents, Tasers, and/or use of impact weapons are acceptable alternatives to use of lethal force, if appropriate.

7 200A6 Force Response Page 7 of Use of a firearm and/or lethal force is acceptable only as a last resort or when circumstances warrant such action. 6.5 Use of lethal force to apprehend a fleeing felon is governed by the conditions above. Officers may use lethal force only when they reasonably believe that the action is in defense of human life or to stop an imminent threat of serious physical injury as outlined below: Possible escape of a suspect wanted for a crime, even a violent crime, does not solely justify use of lethal force. Escape of a violent suspect must pose a clearly recognizable threat to human life, either as a demonstrated threat to, or wanton disregard for, human life As an example, conditions justifying use of lethal force would include the following circumstances: A crime endangering human life, such as murder, armed robbery or other serious crime where human life is threatened. Other means of apprehending the person reasonably believed to have committed serious or fatal crimes of violence against another are not reasonably available, and the officer has a reasonable belief that such an escape would result in the commission of further violent crimes endangering human life. This person then would be considered an imminent danger to the community. 7.0 REPORTING AND ADMINISTRATIVE MANAGEMENT: 7.1 Actions will be fully documented whenever force is used by any officer, not just the reporting officer. Documentation will consist of an Incident or Supplemental Report and an Administrative Incident Report (See General Order 115) and will fully describe the circumstances of the incident and the force used during the incident. An Administrative Incident Report will be completed whenever: An officer discharges a firearm at a person, whether the person is injured or not. An officer discharges a TASER striking a person, not striking a person, or performs a drive stun, whether effective or not.

8 200A6 Force Response Page 8 of 11 An officer strikes a person with an impact weapon whether they are injured or not. An officer uses a shoulder pin restraint or vascular neck restraint which results in the subject s loss of consciousness. An officer discharges OC spray where the chemical strikes or does not strike a person, whether the chemical is effective or not. Any time an officer uses force and a subject is injured or complains of injury An Administrative Incident Report is not required for pointing or presenting a firearm, handcuffing, arm bars, joint holds, pressure point control, ground take-downs or trips, unless the individual is injured. However, these actions must be documented in an Incident or Supplemental report The primary officer involved in any use of force will notify their supervisor immediately, while still at the scene of the incident if at all possible, that force has been used and the circumstances under which it was applied. The supervisor will respond and complete the Administrative Incident Report. The Administrative Incident Report will be turned in at the end of shift unless given permission by a superior officer to hold it until a later time. 7.2 Whenever an arrest or use of force action results in personal injury or property damage, or alleged personal injury or property damage, the incident will be factually reported in writing. Documentation will include an Incident Report as well as an Administrative Incident Report. Documentation will be forwarded to the Chief of Police through the division commander for review. 7.3 All instances of the use of force will be reviewed by the Chief of Police or the Chief s designee. 7.4 Any employee whose actions result in death or serious injury will be removed from line duty assignment, pending administrative review by the Chief of Police or the Chief s designee. 7.5 An annual review of all reported uses of force will be conducted by the Internal Affairs Division. This analysis of incidents will be used to reveal patterns or trends that could indicate training needs and/or policy modifications.

9 200A6 Force Response Page 9 of Supervisor Responsibilities: 8.1 Conduct a preliminary investigation into the use of force incident. 8.2 Ensure medical treatment has been provided to the injured party. 8.3 Photograph any injuries sustained by officers and/or any damage to equipment, uniforms, or property. 8.4 Photograph the arrested subject to document any injury, or lack of injury. 8.5 Obtain witness information for investigation. 8.6 Complete an Administrative Incident Report (AIR) prior to the end of duty and forward through the appropriate chain of command. 8.7 Download Electronic Control Device (ECD) data, if applicable, and attach information to the AIR. 9.0 WARNING SHOTS Warning shots are prohibited. If the situation does not warrant use of lethal force the discharge of firearms is not justified or authorized. Discharge of a weapon for the purpose of warning someone presents a serious hazard to all concerned and to innocent bystanders NECK RESTRAINTS Shoulder pin restraints or vascular neck restraints are considered Hard Empty Hand Control, and may be used when this level of force is required. Respiratory neck restraints are considered use of lethal force. Respiratory neck restraints are not authorized as a control technique REPORTING OF FIREARMS DISCHARGE 11.1 Officers must immediately report to his/her supervisor any incident, involving himself or another officer, involving the discharge of a firearm, either accidentally or purposely that is not training related The supervisor will respond to the scene and ensure the Internal Affairs Lieutenant or Sergeant is notified of the firearm discharge while on-scene. The supervisor will complete an Administrative Incident Report with comments and submit it through the chain of command for review.

10 200A6 Force Response Page 10 of The Internal Affairs Unit will be notified on accidental discharges, officer involved shootings, and any discharge at an animal or with property damage Internal Affairs will investigate the incident from an administrative aspect The division commander will review and then forward the review and recommendations to the Chief of Police, who in turn will review and will make final administrative disposition of the case In the event of an injured large animal, in the absence of animal control, an officer may be authorized by a supervisor to euthanize the animal using any authorized weapon necessary. Extreme care must be taken to ensure no risk to bystanders LOSS OF LIFE, INJURY OR PROPERTY DAMAGE In all circumstances where an officer s force response results in loss of life, physical injury or property damage, the on-duty patrol supervisor will be immediately called to the scene. The Chief of Police, Internal Affairs Commander, and the appropriate division commander will also be notified by the supervisor on-scene immediately if the force response involves a firearm discharge or very serious injury The supervisor of the Investigative Services Division, or designee, will coordinate and direct an investigation of the original criminal incident. If the incident involved injury or loss of life the South Carolina Law Enforcement Division will be notified by the Chief of Police to conduct an investigation in regards to USC Title The investigative team has full responsibility for obtaining complete written reports, Administrative Incident Reports, statements and documentation from the officer(s), witnesses and other personnel present at the scene of the incident The on-scene supervisor will submit the reports of the incident to the officer's division commander for review before leaving duty. These reports will then be forwarded through the chain of command to the Chief of Police The Chief of Police will make the final administrative disposition of the case.

11 200A6 Force Response Page 11 of REMEDIAL TRAINING Any officer determined to have discharged a weapon as a result of an accident or negligence will be required to undergo remedial firearms training immediately, in addition to any disciplinary action incurred. If necessary, a special class will be scheduled to meet this requirement. Terri Wilfong, Chief of Police Date