General Order 01-04: Use of Force

• Changes to General Order 01-04 are identified, emphasizing the importance of reading new and revised directives.
• Item XV-B-2 is completely removed.
• Any ECW deployment is restricted, except for authorized practice, training, or qualification.

General Order 01-04 Overview

• Subject: Use of Force
• Number: 01-04-2095
• Date of Issue: April 25, 2024
• Effective Date: May 2, 2024
• Distribution: A
• Instructions: Discard Rescinded General Order 01-04-2053

Purpose and Policy

• The guidelines are related to the use of force, reporting, and review procedures.
• The highest value is placed on human life and the safety of the public and Patrol employees.
• Use only the amount of force that is objectively reasonable and necessary to accomplish lawful purposes.

Definitions of Key Terms

• Active Aggression: Offensive physical action directed at an officer that could result in physical injury or tactical disadvantage.
• Deadly Force: Physical force used with the purpose of causing death or serious physical injury, or creating a substantial risk thereof.
• Defensive Resistance: Physical action designed to thwart an officer's control/arrest efforts.
• Enforcement Personnel: Members, commercial vehicle officers, and commercial vehicle inspectors.
• Force: Application of a technique, action, or device to compel a change in actions, submission to authority, or stopping a threatening situation.
  • Actions not included: reasonable touching, handcuffing without resistance, and reasonable display of a weapon.
• Immediate Threat: An act occurring or accomplished without delay that jeopardizes the safety of the officer or others.
• Imminent Threat: An impending violent act or resistance that an officer reasonably believes will occur.
• Less Lethal Weapon: Instrument, object, device, or substance not designed or used to cause death or serious injury.
• Objectively Reasonable: Determining the necessity and appropriate level of force based on known facts and circumstances.
• OC Aerosol: Substance with an oleoresin capsicum (OC) base, also known as "pepper mace.”
• Officers: Members and commercial vehicle officers.
• Outpatient Treatment: Medical treatment at an outpatient facility, doctor's office, or hospital.
• Passive Resistance: Verbal and low-level physical uncooperativeness to lawful commands.
• Reasonable Belief: Facts or circumstances that would cause a reasonably trained officer to act similarly.
• Serious physical injury: An injury that creates a substantial risk of death, causes serious, permanent disfigurement, or results in long-term loss or impairment of the functioning of any physical member or organ.

Duty to Intervene

• Members and commercial vehicle enforcement officers must take reasonable actions to stop excessive force used by another law enforcement officer.

Guidelines on the Use of Force

• Enforcement personnel will use only the force necessary to effect lawful objectives or those reasonably believed to be lawful.
• The Fourth Amendment requires that a police officer may use only such force as is “objectively reasonable”.
• Split-second judgments in tense, uncertain, and rapidly evolving circumstances must be judged from a reasonable officer's perspective.
  • Reasonableness evaluation factors: the severity of the crime, the immediate threat, and resistance/attempt to evade arrest.

De-escalation

• Enforcement personnel will continuously assess situations for risk to themselves, the public, and the violator/suspect.
• Force options should be proportional and reasonable, considering factors such as violent intentions, weapons, proximity, cover, etc.
• Situations may be defused by tactical communication, professional demeanor, backup officers, and clear direction.
• Members should attempt voluntary compliance through de-escalation techniques.

Force Against Restrained Persons

• The use of force against restrained persons is generally prohibited, except when necessary to:
  • protect property/Patrol equipment, prevent escape, or prevent injury to officer or others.

Authorized Use of Less Lethal Weapons

• Officers are authorized to use less lethal weapons when reasonably necessary to accomplish lawful objectives while minimizing injury risks.

Authorized Use of Deadly Force

• Officers are authorized to use deadly force against persons when defending human life or in defense of any person.

Prison Riots

• Guidelines for the use of deadly force in prison riots/escapes are in the Patrol Emergency Operations Plan "Disturbances at Correctional Facilities and Other Facilities" section.

Force Options

• When force is authorized, officers should consider the range of options for which they have been trained.
• Enforcement personnel will carry only authorized weapons, but may use any item or technique when necessary to prevent death or serious injury.

Medical Assistance

• Officers will ensure persons against whom force was used are quickly provided medical assistance, considering:
  • the stability of the situation, type and amount of force used, apparent/probable injuries, statements made, and suspected diminished capacity.
• Officers will activate the emergency medical system if injuries exceed their ability to treat, or if the injured person is unresponsive.
• Persons with excited delirium cues should be afforded medical assistance under General Order 41-06.
• Members may transport injured suspects to a medical facility for examination or treatment based on potential security risks and other facts.

Administrative Leave

• An employee will be placed on administrative leave if they use force that results in death, serious physical injury, or severe emotional trauma.

Training Requirements

• Training requirements that pertains to the use of firearms will be specified in General Order 01-02, "Authorized Firearms."
• Personnel authorized to carry less lethal weapons must attend an initial training session and annual recertification.
  • Training includes: policy acknowledgement, weapon specifics, and proficiency demonstration.
  • Certification/recertification training must be by a certified instructor.
  • The Training Division (TND) coordinates annual training (except for SWAT weapons, which are coordinated by the Field Operations Bureau).

OC Aerosol (Oleoresin Capsicum)

• Enforcement personnel should routinely practice using their OC aerosol dispenser to maintain proficiency.
• OC aerosol should be test fired every three months.
• Empty, defective canisters should be replaced.
• OC aerosol is authorized to counter passive resistance, threat of physical violence, and/or when complying with Special Order 16.
• Enforcement personnel will carry OC aerosol on their person while on duty in regulation uniform.
  • CVE personnel may use it relating to their statutory authority.
  • CVE personnel must notify troop headquarters after using OC on a subject.

Commercial Vehicle Inspectors (CVI)

• A CVI may use OC aerosol as a defensive weapon when necessary to protect themselves or others from physical harm and/or when directed so by a member or CVO. -A Use of Force Report (SHP-52) must be completed by the directing member/officer. -A CVI is to notify troop headquarters immediately after using OC on a subject.

Decontamination & Follow-up Observation

• Officers should administer OC decontamination procedures specified in the Motor Vehicle Offense Handbook as soon as safety allows.
• Enforcement personnel will ensure the subject is observed for two hours afterward.

Expandable Locking Baton

• All members below major and CVE officers will be trained in its use and issued one.
  • Officers who are not assigned an ECW, will carry the baton on their duty belt between their OC aerosol holder and handcuff case or immediately behind their holster.

Use by Members and CVE Officers

• The primary impact weapon is the expandable locking baton when intermediate force is reasonable.
  • Officers may use the baton for self-defense or to generate compliance when hard empty hand controls fail or are deemed ineffective.
• Strikes, unless deadly force is justified, officers cannot strike in the head, neck, spine, sternum, or groin.

Choke Holds

• The use of deadly force is justified, officers cannot use any technique restricting oxygen intake.

Vascular Neck Restraint

• Training: Only trained/annually recertified members/CVOs in the use of the vascular neck restraint technique will utilize it.
• All training sessions will be given by an instructor who has been certified to train the technique.
  • Training will include a written test along with a demonstration of proficiency by each officer being recertified.
  • Officers who do not successfully complete the training/demonstrate proficiency will be given remedial training as necessary.
• Criteria: Officers may utilize a vascular neck restraint with no compression when it is reasonably necessary to overcome defensive resistance.
  • In such instnances, the officer will properly apply the neck restraint/give verbal commands to stop resisting/comply.
• The officer can utilize a vascular neck restraint with compression when the vascular neck hold commands fail to generate compliace or the subject is an active aggressor
  • Officers may utilize the vascular neck restraint with compression that is reasonably sufficient to generate compliance/stop the threat.
• Generating compliance: officers are to de-escalate the use of force by releasing the hold and transition to lower levels of control or ceasing compression.
• Subject rendered unconscious: the officer will immediately release the hold. secure in handcuffs and initate post application care.
• An officer is to ensure the subject upon whom this technique was applied is observed for two hours after.
• Medical attention will be provided if the subject is injured/complaining of such or rendered unconscious.
• Unless deadly force is justified, officers will not utilize the technique on a subject sprayed with OC areosol.

Patrol Canines

• Canines will be trained to use only the force necessary to counter resistance or threats.
• Canine handlers will maintain strict control by voice or leash at all times.
• Canine handlers will ensure all persons who are bitten/injured by a Patrol canine are offered/recieve necessary medical treatment.

Reporting Requirements

• Notification of supervisors is a must if people are bitten/seriously injured by a Patrol canine.
  • The canine handler will submit a Use of Force Report, SHP-52, except if it is an injury to a canine handler/contracted canine trainer during a training exercise.

Investigation of Incidents of Canines

• The commander of a troop must investigate/report the incident as a use of force if a canine bites/seriously injures a person.
• The assigned investigator's report should include: color photographs of all injuries, portions of the victim, description of the woulds, copy of medical records related to the injury, statements from witnesses, other relevant information.

Use of Firearms Prerequisites

• Before being authorized to carry a firearm, each member and CVO will:
  • Be issued with applicable Patrol directives, have received traning on the limits/proper use of force and have demonstrated proficiency in the use/handling of the type of firearm being carried.
• Only authorized firearms/ammunition outlined in General Order 01-02 are to be carried.

Safe Handling of Firearms

• Due care is to be exercised when handling firearms.
  • Refrain from drawing handle or displaying firearms except for official/authorized purposes. -Warning shots are prohibited aside from in scenarios outlined in the Patrol Emergency Operations Plan.

Authorized Use of Firearms

• Discharging a firearm may constitute deadly force and is to be performed for authorized practices or training, inauthorized target or firearms comp, to summon aid in exigent circumstances.

Consideration of Risks

• High probability of striking the indented target before using firearms, avoid shooting to wound or injure.
• Do not use when the officer is aware causes a substantial risk of physical injury or death of an innocent person.

Sucide Bombers (use of force)

• Officers must base it on their current training, information from Homeland Security, Department of Defense, etc.
  • Establish probable cause to believe the suspect is a suicide bomber/ having the ability to detonate an explosive device.
  • The use of force has to be imminently necessary and create a high probability of success in delivery.
• Objectives should include preventing or minimizing death/injury to people and neutralizing people transporting the explosive device the handler if remove detonation is possible.

Incidents Involving Moving Vehicles/Circumstances Dictate Action to be Taken

• Refrain from desischarging towards a moving vehicle unless deadly force is justified to prevent potential injuries.
• The decision to a fire arm must be based on all the facts.
• The officer should identify themself as a law enforcements officer prior.

Authorization to Use Techniques/Weapons

• Must recieve training and a demonstration of proficiency from a source, prior to to employing them.

Forcible Vehicle Stops/Tire Deflation Devices

• The use of it constitute deadly force and should be conducted in accordance with the guidelines on deadly force and Special Order 39," Vehicle Pursuits, and 34 "Roadblocks.
• Deployments should be reported pursuant to the following:
• Patrol involved pursuits are reported on the Pursuit Report, SHP-338; Pursuits soley by other agencies are reported via use of force Report, SHP-52 by the deploying offier.

Report and Review Use of Force

• Members and CVOs will report by radio, calls all Patrol issued firearm discharges or any related discharge of other firearms.
• Also report any incident results in a result in any any action that results in with results in a result in any death results in an impact to personnel.

Use of Force Notification Requirements

• When a report on direct force in the form, desk personnel will contact the Division and Crime Control supervisor.

Use of Force Report

• After any use of force by an officer submit within 7 days.
• Reports return anytime in the review will be submitted back as soon as its possible.

Report for

• Direct force for any individual.
• An instrument being used, canninne,hold,blow physical act.
• To act as it with the force and assist an individual touching the routine.

Reporting under Special Circumstances

• Delegating reporting is an option of which the officer can designate if the officer is impossible to give reports.
• Or the officer needs to minimize emotional trauma will need to complete reports about force
• Member who humanely kill an animal are not required to complete
• A Force Report SHP52 In the AFR however all such occurrences Will record to the in the daily long in function detail

Responsibility of Reports

• Supervisors and commanders will closely review all use reports force shp2
• Determine the policies.
• Supervisory levels

Use of Force Review Coordinator

• A designated of force from the field operations level is a coordinator
• Review all reports
• Summons individual will interview that person regarding the incident
• It should clarify the needed to necessary

Reports

• The fighting recommendation the force review coordinator where be review coordinator will be reported
• Review of Force Assessment is an officer involved review force
• All cases review force treatment for for any review.