Response to Resistance 3.25

Use of Force and Definitions

• 'Use of Force to Resistance and Aggression' involves the proportionate response by police to threats encountered, conditional on the level of resistance exhibited by the subject.
• The highest level of control used by the Division of Police is classified as Level of Control 5.
• 'Deadly Force' is defined as force that is likely to cause serious physical harm or death.
• 'Passive Resistance' refers to a subject's refusal to cooperate without the use of physical aggression.
• 'Serious Injury' is characterized by injuries that require medical attention and may impair normal bodily functions.

Incident Management and Reporting

• Involved personnel are transported to a medical facility post-incident to ensure health and safety, and to assess any injuries that may have occurred.
• An administrative investigation report must include a detailed account of the incident, evidence collected, interviews conducted, and conclusions drawn.
• The Internal Affairs Sergeant's responsibility post-investigation includes ensuring proper documentation and addressing any policy breaches.

Evaluating Use of Force

• When determining the reasonableness of a use of force, factors such as the severity of the crime, immediacy of the threat, and whether the subject is actively resisting or attempting escape are considered.

Use of Force Protocols

• Officers may employ an untrained response in situations where immediate action is necessary to protect life or prevent harm.

Procedures Following Specific Incidents

• After using a CEW (Conducted Energy Weapon) with Arc Warning or Laser Targeting, the first step for involved personnel is to de-escalate the situation.
• For Level of Control 3 or 4 incidents, the Internal Affairs Sergeant oversees the investigation process and ensures compliance with established policies.
• The Immediate Supervisor's role in Level of Control 3 or 4 incidents involves initial evaluation and documentation of the event, while collecting witness statements if necessary.

Outcome of Investigations

• The final step in investigating a Level of Control 3 or 4 incident is submitting findings and recommendations to the Chief of Police.
• Sworn personnel may fire a warning shot to deter imminent threats, provided that it does not endanger innocent bystanders.
• If an investigation into a use of force resulting in death is not conducted by an independent agency, it raises concerns over objectivity and may require external oversight.

Procedures for Complaints and Internal Investigations

• If a complaint of injury arises without serious physical harm, a preliminary assessment is undertaken to document the incident.
• In Level of Control 2 incidents with no injury, the Internal Affairs Sergeant is responsible for ensuring that appropriate procedures are followed.
• The first step for Investigating Division Personnel in administrative investigations is to gather all relevant evidence and information.

External Oversight in Serious Incidents

• In Level of Control 5 incidents resulting in serious physical harm or death, the Internal Affairs Sergeant plays a crucial role in coordinating the investigation and ensuring accountability.
• The initial step for involved personnel in such serious incidents is to secure the scene and document the event.
• The on-duty supervisor’s role includes conducting immediate assessments and ensuring proper reporting protocols are followed.

Policy Guidelines

• The division prohibits neck restraints or choke holds except in life-threatening situations.
• Deadly force may be employed under circumstances where an officer or another person’s life is in imminent danger.
• Supervisors are typically required to avoid conducting investigations of use of force incidents involving their direct subordinates to ensure impartiality.
• The division's policy on discharging a weapon at a moving vehicle emphasizes caution and only under extreme circumstances where there is a direct threat to life.