Police Department Use of Force Policy PDF 2021

OFFICE OF THE CHIEF OF POLICE April April 27, 27, 2021 2021 SPECIAL ORDER NO. 10 10 APPROVED BY THE BOARD OF POLICE COMMISSIONERS ON April 27, 2021 2021 SUBJECT: CATEGORIES AND INVESTIGATIVE RESPONSIBILITIES FOR USE OF FORCE — REVISED; AND, NON-CATEGORICAL USE OF FORCE REPORT — REVISED The purpo...

OFFICE OF THE CHIEF OF POLICE April April 27, 27, 2021 2021 SPECIAL ORDER NO. 10 10 APPROVED BY THE BOARD OF POLICE COMMISSIONERS ON April 27, 2021 2021 SUBJECT: CATEGORIES AND INVESTIGATIVE RESPONSIBILITIES FOR USE OF FORCE — REVISED; AND, NON-CATEGORICAL USE OF FORCE REPORT — REVISED The purpose of this Order is to revise Department policy pertaining to non-categorical use of force incidents as it relates to the use of a Department K-9. With this policy a K-9 bite or contact will be a reportable use of force. This policy is administrative in nature and does not provide tactical direction on the deployment or usage of a Department K-9. The safety of everyone is of the utmost importance in all K-9 deployments. To that end, this policy does not request any employee to sacrifice his or her safety in any manner as it relates to a K-9 use of force. PURPOSE: PROCEDURE: I. CATEGORIES AND INVESTIGATIVE RESPONSIBILITIES FOR USE OF FORCE Department Manual Section 4/245.05, Categories and Investigative Responsibilities for Use of Force, has been revised. Attached is the revised Department Manual section with the revisions indicated in italics. — REVISED. Il. NON-CATEGORICAL - USE OF FORCE REPORT REVISED. The Non-Categorical Use of Force Report, Form 01.67 .05, has been revised, The revised form incorporates a “K-9 Bite/Contact” checkbox under the “Type of Force Used” header. The use, completion and distribution of this form remains unchanged. FORM AVAILABILITY: The revised Non-Categorical Use of Force Report is attached for immediate use and duplication and is available in E-Forms on the Department’s Local Area Network. All other versions of this form shall be marked “obsolete” and placed into the divisional recycling bin. AMENDMENTS: This Order amends Section 4/245.05 of the Department Manual. AUDIT RESPONSIBILITY: The Commanding Officer, Audit Division, shall review this directive and determine whether an audit or inspection shall be conducted in accordance with Department Manual Section 0/080.30. MICH . MOORE Chief of Police Attachments DISTRIBUTION “D” DEPARTMENT MANUAL VOLUME IV Revised By Special Order No.10, 10 2021 245.05 CATEGORIES AND INVESTIGATIVE RESPONSIBILITIES FOR USE OF A reportable use of force incident is classified as either a Categorical Use of Force (CUOF) or a Non-Categorical Use of Force (NCUOF). Categorical uses of force are outlined FORCE. Department Manual Section 3/794.10, Categorical Use ofForce Investigations. in Force Investigation Division (FID) is responsible for the investigation of all CUOF incidents, All other reportable uses of force are classified as NCUOF incidents; including the use of a Department K-9 resulting in a bite or contact during a search/tactical deployment that does not result in serious bodily injury, hospitalization or death; any unintentional (inadvertent or accidental) head strike(s) with an impact weapon or device which does not result in serious bodily injury, hospitalization or death and is approved to be handled as a NCUOF by the Commanding Officer, FID, Advice regarding the reportability or categorization of a use of force should be requested from FID or Critical Incident Review Division (CIRD) directly or via the Department Operations Center. Non-Categorical Use of Force Incident — Defined. A NCUOF is defined as an incident in which any on-duty or off-duty Department employee whose occupation as a Department employee is a factor, uses physical force, a Department K-9 resulting in a bite or contact during a search/tactical deployment, or a control device to: e Compel a person to comply e Defend themselves; * Defend others; e Effect an arrest or detention; e Prevent escape; or, e Overcome resistance. with the employee’s direction; Note: A K-9 contact is when a Department K-9 makes forcible contact with a person other than a bite that results in complained of or visible injury. A K-9 bite or contact is not a reportable use offorce if the K-9 bite or contact is inadvertent or accidental and does not occur during an active search/tactical deployment. In all such instances, an incident investigation shall be conducted by the K-9 supervisor to determine and document the cause and appropriate action. The investigation cause and appropriate action shall be documented on an Intradepartmental Correspondence, Form 15.02.00, by the involved division and forwarded through the employee’s chain of command for review and filing. or contact is a reportable use offorce if the K-9 bite or contact occurs during a search/tactical deployment even if it is inadvertent or accidental. An involved K-9 handler shall receive a finding for the use offorce when the handler directs the K-9 to use force in a directed A K-9 bite deployment, or when the handler, upon becoming aware 1 of the contact or bite, does not DEPARTMENT MANUAL VOLUME IV Revised By Special Order No. 10 10, 2021 immediately recall the K-9 following the K-9’s initiation handler becoming aware of the contact or bite. of a contact or bite and upon the Note: It is the policy of the Department that personnel may use only that force which is objectively reasonable. The Remainder of this Section Remains Unchanged 01,867.06(03/2621) [ 1of of LOS ANGELES POLICE DEPARTMENT NON-CATEGORICAL USE OF FORCE REPORT Paget Level | ( DR No. Level If Date of Incident Day of Weak Time Date & Time of this Report Location of Occurrence RD Officer's Area/Divisionof Assignment Araa/Division of Occurrence SUSPECT Last Name, First, M.I. Tape No. Sex Desc Interviewer Name | Ht Wit | BOB Serial No. Date Age Bkg. No. Time Arrest Charge Connected Reports Locationof Interview Suspectinterviewedseparately. Suspect's injury(s) related ta UCF: Check all that apply. Medical Release Form: C1 SignedfAttachad (] Refused (C1¢ -Complained of L10- Dislocation OC)F-Fractures (1 V- Visible 11 O - Other CL]N-None CIU- Unknown Decument injuries related to use of force, madical treatment provided, by whom and name of medical provider (e.g., medical facility). (Verified [) Observed (COReported by Suspect (Check one box only.) Suspect's injury(s) unrelated to UOF, i.c., traffic collision (Use Injuries/MTsection if additional space is needed) C1verified COObserved EMPLOYEES USING FORCE 7 M1.) Name (Last, First, D.L. No. or Serial No. Ht Wt | Age In Uniform Vest On | Injured| lod Duty {Y/N} (YIN) | iif witness not interviewed separately, explain on PAGE 3,} Address and ZIP Code or Area and Unit of Employee'sAssignment BOB Phone No. Address and ZIP Code or Area and Unit of Employee'sAssignment DOB DOB Name/Serial No. of Supervisor interviewing/Date/Time/Locationof Interview ( | was not involved in this useof force, ([ Uhaveinterviewed all involved Departmentemployees separately. investigating Supervisor Watch Commander/CICApproving [2 | have reviewed all reports related to this use of force. No. Tape No. Phone No. (This witness interviewed separately. Name/Serial Wo. of Supervisor Interviewing/Date/Time/Locationof Interview t have reviewed all reports related to this use of force, Tape No. |Phone Address and ZIP Code or Area and Unit of Employee'sAssignment [) Tape No. Phone Neo Address and ZIP Code or Area and Unit of Employee'sAssignment (This witness interviewed separately. Last Name, First Name, Middle Initial D.L. Ne. or Serial No. Desc CIThis witness interviewed separately. Name/Serial No. of Supervisor Interviewing/Date/Time/Locationof Interview Last Name, First Name, Middle Initial D.L. No. or Serial No. DOB Sex LIThis witness interviewed separately. Name/Serial No, of Supervisor interviewing/Date/Time/Locationof Interview Last Name, First Name, Middle Initial D.L. No. or Serial No. O No (Use continuation sheet if needed. List Partner officer not using force under WITNESSES below.) EMPLOYEE WITNESSES Last Name, First Name, Middfe Initial ves Yi (1 Reported by Suspect (Check one box only.) . No, | Area/Div ‘ Detail 3 Serial WITNESSES/NON-INVOLVED Hospitalized(unrelated to the UFO) Fape No. Serial No. Date Serial No. Date Light Duty (YIN) DR No, 01.67.05 (03/2021) Page 2 of CONTROL OF SUBJECT TYPE OF ACTIVITY (Check all that apply.) Last UOF that controlled the suspect: . Secondary Restraint Device Used? ; ; If yes, list device used [No []Yes Ol Suicidal [Crime in Progress _ Part of body restrained by Secondary Restraint Device? 1 Ankles OL to Knees [No OYes Placed in upright seated position? O Elbows (ifno, explain in narrative.) Time restrained with Secondary Restraint Device: A Was a warning required {i.e., assTASER, impact device, less lethal munitions, bean bag shotgun involved)? O Yes © No if required, was a waming given? Under investigating Supervisor [ Yes SOURCE OF ACTIVITY No Notes heading in narrative, document warning given and name of waming officer, or provide an explanation if waming was required and not given. 415 pul [ OO Handling Suspect Other Ol 4 PCP 1 [] Ground Grappling (1 Other Drugs Gang ( Mental Iiiness C1 Family Dispute [] Alcohol LO Assault on Citizen L Assault on Officer (1 L . +Ambush Foot Pursuit Neighbor Dispute . . [] K-9 Search (Check ail that.apply’) Observed 1 (1 J Radio Call {J Business Dispute {1 Ol Other CL] Vehicle Pursuit 2 Citizen Cant [1 Station Call () Other . Traffic Violation TYPE OF FORCE USED (Check all that apply.) JOINT LOCKS CHEMICAL AGENT TASER 0] Side-Handle Baton Brine ef Spray Number of cartridges fired O Expandable Side-Handle Baton Model i i Distance to suspect (in feet) MOTION Cl Collapsible i Straight Baton Manufacture date OR Expiration date Skin pe penetrated? 1 1 Straight Baton Number of times Time for TASER to arrive at scene: |) [] Other Sprayed Distance Was TASER effective? K-9 Bite/Contact Ll DEVICE Wrist Lock Twist Lock oO Other OQ Other __ Firm Grip or C/Grip (Miscellaneous Physical Force OO Block Kick O Punch (1 Leg Sweep ist BODY AREA AFFECTED(|2"d ( eh 3rd Armms/Hands C1 Distraction Strike {) Takedown ( Lateral tst Duration (0 ) Oo YES oO ONO Min. MOYES [1 NO If no, why not? FT. SEC. TB tye? SEC. FT. SEC. ( Torso/Neck Ci Legs/Feet Ol YES 5 If no, why not? #Chest/Back [NO C1 Bodyweight C1 Head TASER No. Baton Technique O Type Other( 4th 3rd Was spray effective? Head Displacement (during handeuffingtechnique} Ol 2nd Other Brand ) Residual effects on officers O BEANBAG SHOTGUN (1 OTHER LESS LETHAL DEVICE(S) _ Number of Less Lethal Device(s) rounds fired Distance to suspect (in feet) 1st and ard Skin penetrated? OYES th th Time for Lass Lethal Device to arrive at scene: Was It effective? DOOYES 6th 7th O NO [j Minutes NO If no, why not? Usethe followingcodes: BB-Beanbag,T - TASER,CA - ChemicalAgent ShowDart/ BeanbagS/Gpointof contactand indicate(BB-1,BB-2,BB-3,etc.) Shadeother devica(s}suchas ChemicalAgent DR No. 01.67.05 (08/2021) Page 3 of AREA CANVASSED FOR WITNESSES AND EVIDENCE. WITNESSES NOT INTERVIEWED SEPARATELY. Include scope of search and evidence located. If unable to locate witnesses, explain. List all employees/ witnesses/ suspects that were not interviewed separately, and explain. Use Continuation Sheet if necessary. INCIDENT OVERVIEW (For Level | Incidents only}. Without offering opinion or conclusions, briefly summarize the incident and/or any relevant actions that preceded or followed the incident, to include techniques and tactics used by involved employee(s). LEVEL | INCIDENT LEVEL It INCIDENT Criferia: Criteria: * Unauthorized force is alleged; or, * The force used results in serious injury {broken bone, dislocation, sutures etc); or, * All other reportable Non-Categorical use of force incidents that do not meet Level I criteria, to include the use of an impact device or less lethal munitions with hits. * The suspect's injuries are inconsistent with the amount or type of force indicated by the involved Department employee(s); or, * Accounts of the incident provided by witnesses and/or the suspect substantially conflict with the involved employee(s} account. On an aitached piece of paper (page 4 of report), document a Level | investigation using the following headings: * Tape record suspect and witnesses (excluding all Department employees). If not practical, explain. * A brief written summary of the suspect and/or witness statement is only required under this heading if: > The statement was not tape-recorded (excluding all Department employees); or, > The person's account of the use of force is in substantial conflict with the involved employee(s) account. INJURY/MEDICAL TREATMENT EVIDENCE/PHOTOGRAPHS INVESTIGATING INJURY/MEDICAL TREATMENT EVIDENCE/PHOTOGRAPHS (Use of force-related only) OO) INVESTIGATING SUPERVISOR'S NOTES Verify witness statements are consistent with the arrest report or related reports. WITNESS STATEMENTS LJ OOO On an attached piece of paper (page 4 of report), document a Level if investigation using the following headings: (Use of force-related only} SUPERVISOR'S NOTES Identify/address substantial conflicts and discrepancies between statements. ADDENDA List all related reports, photos, Medical Release Form, etc., and attach items to NCUOF Report. Identify/address discrepancies between witness statements, if any. NOTE: Discrepancies that constitute a substantial conflict between witness or suspect accounts and involved employeefs) accounts shail be reported as a Level | Incident. ADDENDA List ail related reports, photos, Medical Release Form, etc., and attach items to NCUOF Report.