3.25 Use of Force_202106021422591052.pdf
Transcript
EFFECTIVE Grandview Heights Police General Orders NUMBER March 12, 2019 REVISED 3.25 TOTAL PAGES June 2, 2021 7 Use of Force to Resistance and Aggression Cross Reference: 3.01, 3.23, 3.24, 3.69, 3.73 I. Definitions A. Use of Force to Resistance and Aggression The exertion of energy or the use...
EFFECTIVE Grandview Heights Police General Orders NUMBER March 12, 2019 REVISED 3.25 TOTAL PAGES June 2, 2021 7 Use of Force to Resistance and Aggression Cross Reference: 3.01, 3.23, 3.24, 3.69, 3.73 I. Definitions A. Use of Force to Resistance and Aggression The exertion of energy or the use of force by personnel in the performance of their duties used to direct or control another’s movements or actions. Use of Force is used to control resistive or aggressive behavior toward the involved personnel, other personnel, third parties, or property, and results in the following Levels of Control. B. Use of Force Levels of Control A progression of techniques used to control a suspect’s actions. Levels of Control used by the Division of Police are: 1. Level 1: Officer presence, verbal and non-verbal commands, searching, and handcuffing. 2. Level 2: Empty hand control, pressure points, grounding techniques, and joint manipulations. 3. Level 3: Use of Chemical Spray, Use of CEW, Hard empty hand control (strike/punch/kick) 4. Level 4: Use of impact weapon (baton/flashlight) 5. Level 5: Deadly force C. Deadly Force Any force which carries a substantial risk that it will proximately result in the death of any person. D. Force Any violence, compulsion, or constraint physically exerted by any means upon or against a person or thing. (ORC 2901.01). Furthermore, the application of physical techniques or tactics used on another person in response to resistance whether passive or aggressive. E. Serious Injury (O.R.C. 2901.01) a. Any physical harm that carries a substantial risk of death. b. Any physical harm that involves some permanent incapacity, whether partial or total, or that involves some temporary, substantial incapacity. c. Any physical harm that involves some permanent disfigurement or that involves some temporary, serious disfigurement. d. Any physical harm that involves acute pain of such duration as to result in substantial suffering or that involves any degree of prolonged or intractable pain. F. Physical Harm Any injury regardless of its gravity or duration. G. Passive Resistance A nonviolent opposition to authority, especially a refusal to cooperate with legal requirements. H. Active Resistance General Order 3.25 Revised 6/2/21 Page 1 of 7 Those physical motions or movements used by a person to counteract an officer’s legal attempts to affect an arrest. I. Immediate Supervisor The supervisor to whom Division Personnel is administratively accountable to within the chain of command. J. On Duty or Relief Supervisor The supervisor acting in absence of the immediate supervisor. This supervisor may be regularly scheduled, filling in for, or acting in command as O.I.C for the immediate supervisor. II. Policy Statements A. General 1. It is well established that police officers may use force to affect an arrest, to defend themselves, or to defend others. An officer should not desist from any official duty merely because resistance is offered. Police officers shall not use more force than is reasonable in a particular incident. 2. Factors to be considered when determining the reasonableness of a use of force. These factors include, but are not limited to: a. The severity of the crime at issue. b. Whether the suspect poses an immediate threat to the safety of the officer or others. c. Whether the suspect is resisting arrest, whether passively or actively. d. Subject’s criminal history, if known. e. Whether the suspect is attempting to evade arrest by flight. f. The officer’s and the subject’s factors, including, but not limited to: size, age, relative strength, skill level, experience, training, injuries sustained, level of exhaustion or fatigue, and the number of officers verses subjects. g. The influence of drugs or alcohol and the subject’s mental capacity. h. The proximity of weapons. i. Any other exigent circumstance or special knowledge. 3. Officers shall use their training to guide them through a use of force incident. The preferred response to resistance and aggression is a trained technique. However, during a situation involving the infliction or threatened infliction of serious physical harm, the use of an untrained response, while not normally authorized, may be reasonable to end the threat and survive the encounter. The proper exertion of physical force used to control persons shall be consistent with Division policy. a. Neck restraints or choke holds are not permitted unless deadly force would be justified. 4. All use of forces shall be reported and investigated consistent with Division policies. Involved personnel shall notify an available on-duty Division supervisor in the following descending order: a. The officer’s immediate supervisor. b. Any other sworn Division supervisor, who may personally conduct the investigation or may notify the immediate supervisor to conduct the investigation. 5. All sworn Division personnel shall receive annual in-service training in and testing on the Division’s use of force to resistance and aggression policy. 6. Restrictions on supervisors conducting investigations: a. Division supervisors who actively participate in or order a use of force shall not conduct any subsequent investigation. General Order 3.25 Revised 6/2/21 Page 2 of 7 b. When a Division supervisor is prohibited from conducting the investigation, a supervisor assigned by the Chief of Police will conduct the investigation. 7. Division supervisors conducting the investigations shall photograph involved persons as stated in the supervisor’s manual. 8. If requested, the Internal Affairs Bureau (IAB) shall conduct an administrative investigation. B. Deadly Force 1. Sworn personnel may use deadly force when the involved personnel have reason to believe the response is objectively reasonable to protect themselves or others from the imminent threat of death or serious physical harm. 2. Sworn personnel may use deadly force upon a human being while trying to prevent an escape when there is probable cause to believe that the suspect poses a threat of serious physical harm to said sworn personnel or others. 3. Sworn personnel should avoid positioning themselves in the direct path of a moving vehicle. a. Sworn personnel in the direct path of a moving vehicle should attempt to take evasive action to avoid being struck by the vehicle. b. Sworn personnel may only fire a weapon at the driver or occupant of a moving vehicle when there is an articulable, reasonable belief that the subject poses an immediate threat of death or serious physical harm to said sworn personnel or others. 4. If reasonable circumstances exist, sworn personnel should give a verbal warning of the intention to use deadly force. 5. While sworn personnel have an affirmative duty to use that degree of force reasonable to protect human life, the use of deadly force is not reasonable merely to protect property interests. Only under circumstances where it is reasonable to believe an infliction, or threatened infliction, or serious physical harm to human life exists is the use of deadly force justified. 6. The use of deadly force by sworn personnel should not create a danger to the public that outweighs the benefits of its use. 7. Sworn personnel shall not fire a warning shot unless there is justification to use deadly force and should ensure: a. There are no bystanders in the line of fire or that could move in the line of fire; and b. The backstop is reasonably likely to contain or stop the discharged bullet. 8. Facts unknown to sworn personnel at the time deadly force is used cannot be considered in determining whether the involved personnel acted in conformity with this policy. 9. Investigations of a use of force resulting in death shall be investigated by an independent law enforcement agency with the proper authority and jurisdiction to conduct such an investigation. The independent agency will forward the investigation to the appropriate county prosecutor where the incident occurred. That prosecutor will determine if the case will be presented to a Grand Jury. III. Procedures A. Level of Control 2 with No Injury 1. Involved Personnel Complete a Use of Force Report and forward it to your immediate supervisor, the relief, or officer in charge (O.I.C.) by the end of your shift, or by the beginning of your next shift if the incident occurred outside of assigned duty hours. General Order 3.25 Revised 6/2/21 Page 3 of 7 2. Relief Supervisor or O.I.C on duty. Forward a memo with the Use of Force report to the involved personnel’s immediate supervisor detailing the incident. 3. Immediate Supervisor or another supervisor assigned by the Chief of Police. a. Review and sign the Use of Force Report. b. Forward report directly to the Internal Affairs Sergeant. c. Forward a copy of the report to the immediate supervisor of the involved personnel if completed in his/her absence. 4. Internal Affairs Sergeant File the Report B. Level of Control 1 or 2 with a Complaint of an Injury Caused by the Response – No Serious Physical Harm to a Human (includes injury from handcuffs). 1. Involved personnel a. Cause any needed medical aid to be rendered. b. Immediately notify or cause notification of the immediate, relief, or O.I.C. on duty. c. Complete a Use of Force Report and turn in to the supervisor on duty. 2. Supervisor on duty a. Review and Sign the Use of Force Report. b. Attach the Use of Force Report, a copy of the Arrest Information, form U-10-100, the Incident Report, and any photographs taken. c. Forward the packet through the involved personnel’s immediate supervisor to the Internal Affairs Sergeant. 3. Internal Affairs Sergeant a. Assign a Use of Force Incident Number b. Forward the packet to the Chief of Police c. Assign an administrative investigation to a supervisor as directed by the Chief of Police. 4. Investigating Division Personnel a. Complete an administrative investigation. b. Include all supporting documentation including, but not limited to the Incident Report, the Use of Force Report, the U-10-100, CAD entries, photographs, property inventory, video recordings, and interviews. c. Forward the completed investigation to the Chief of Police. 5. Chief of Police a. Make a final determination concerning the incident. b. Cause the involved personnel to be notified of the determination. c. Forward the completed investigation to the Internal Affairs Sergeant to be filed. 6. Internal Affairs Sergeant a. Record the disposition of the incident in the IAB database b. File the completed investigative report C. Level of Control 3 Activation of CEW with Arc Warning or Laser Targeting only, resulting in de-escalation 1.Involved Personnel a. Immediately notify or cause notification of the immediate, relief, or O.I.C on duty. b. Complete a Use of Force Report and a Use of CEW Report. Forward it to your immediate supervisor, the relief, or officer in charge (O.I.C.) by the end of your General Order 3.25 Revised 6/2/21 Page 4 of 7 shift, or by the beginning of your next shift if the incident occurred outside of assigned duty hours. 2.Relief Supervisor or O.I.C on duty. a. Forward a memo detailing the incident with the Use of Force report, the Use of CEW report and the Device Logs to the involved personnel’s immediate supervisor. 3. Immediate Supervisor or another supervisor assigned by the Chief of Police. a. Review and sign the Use of Force Report and the Use of CEW report. b. Forward reports directly to the Internal Affairs Sergeant. c. Forward a copy of the reports to the immediate supervisor of the involved personnel if completed in his/her absence. 4. Internal Affairs Sergeant File the Reports D. Level of Control 3 or 4 1. Involved Personnel a. Cause any needed medical aid to be rendered. b. Immediately notify or cause notification of the immediate, relief, or O.I.C on duty. c. Complete a Use of Force Report and turn in to the supervisor on duty. d. If applicable, complete a Use of CEW report and turn it in to the supervisor on duty. 2. Immediate Supervisor, Relief Supervisor, or O.I.C. on duty. a. Review and sign the Use of Force Report. b. If applicable, review and sign the Use of CEW Report and attach the Device Logs c. Attach the Use of Force Report, the Use of CEW Report and Device Logs if needed, a copy of the Arrest Information, form U-10-100, the Incident Report, and any photographs taken. d. If the suspect is being arrested or issued a summons: (1) Ensure that the arresting personnel include the facts necessitating the use of force and the details of the decontamination or treatment rendered in the narrative section of the Arrest Information form. (2) Include a brief statement indicating justification for the use of force, and details of the decontamination or treatment rendered on the Use of Force Report. e. Forward the packet through the involved personnel’s immediate supervisor to the Internal Affairs Sergeant. f. In no arrest is made, add comments to the Use of Force Report and forward the packet through the involved personnel’s immediate supervisor to the Internal Affairs Sergeant. 3. Internal Affairs Sergeant a. Assign a Use of Force Incident Number b. Forward the packet to the Chief of Police c. Assign an administrative investigation to a supervisor as directed by the Chief of Police. 4. Investigating Division Personnel a. Complete an administrative investigation. b. Include all supporting documentation including, but not limited to the Incident Report, the Use of Force Report, the U-10-100, CAD entries, photographs, property inventory, video recordings, and interviews. General Order 3.25 Revised 6/2/21 Page 5 of 7 c. Forward the completed investigation to the Chief of Police. 5. Chief of Police a. Make a final determination concerning the incident. b. Cause the involved personnel to be notified of the determination. c. Forward the completed investigation to the Internal Affairs Sergeant to be filed. 6. Internal Affairs Sergeant a. Record the disposition of the incident in the IAB database b. File the completed investigative report. E. Level of Control 5 resulting in Serious Physical Harm to or Death of a Human Note: If the Use of Force involves the discharge of a firearm, follow the procedures set forth in the “Discharged Firearms” directive. 1. Involved Personnel a. Cause any needed medical aid to be rendered. b. Ensure the subject is not a threat, to include disarming, handcuffing, or otherwise securing the person. c. Secure in place all firearms and other weapons in the vicinity. d. Immediately cause Communications Bureau personnel to be notified. e. Protect the incident scene and preserve evidence. 2. Communications Bureau a. Dispatch personnel to render assistance or to secure the scene. b. Notify the following: (1) The Division of Fire (2) The on-duty supervisor (3) The Chief of Police (4) The Internal Affairs Sergeant (5) The Detective Bureau Sergeant (6) The Public Information’s Officer (PIO) 3. On-duty Supervisor a. Respond to the scene and ensure scene security and safety. (1) The suspect(s), whether alive or deceased, are secured. (2) Physical evidence including officer and suspect weapons, and cruiser camera footage are secured in place. (3) Witnesses/bystanders are identified and separated. (4) Obtain a public safety statement from involved personnel limited to the details of the incident including: i. Location of unsecured weapons ii. Location of injured persons iii. Type of force used and remaining threat iv. Description of suspects still at large and their mode and direction of travel, time elapsed, and weapons available to them v. Description of known victims and witnesses vi. Any other information that would help ensure officer and public safety. (5) Involved personnel are provided mental health and wellness services. b. Brief the Chief of Police, third party independent investigating personnel, and department investigators. c. Notify a Fraternal Order of Police (FOP) representative. 4. Chief of Police a. Notify the Mayor General Order 3.25 Revised 6/2/21 Page 6 of 7 5. 6. 7. 8. b. Notify the Legal Advisor c. Assign the administrative investigation to IAB, detective bureau, or another investigator or investigating team. d. Determine if an outside agency should be contacted to conduct an independent criminal investigation. e. Cause the Franklin County Prosecutor to be notified. Administrative Investigating Personnel a. As soon as practical, cause involved personnel to be transported to a medical facility: (1) To evaluate and monitor the involved personnel for delayed physical or emotional reaction that may require medical attention. (2) If reasonable suspicion exists, ensure that testing is performed to document whether alcohol or drugs are in the officer’s system. *Note: Section 36.6 of the contract between the City of Grandview Heights and the Fraternal Order of Police delineates compliance standards for the tests to be conducted. b. Complete an administrative investigation. c. Include all supporting documentation including, but not limited to the Incident Report, the Use of Force Report, the U-10-100, CAD entries, photographs, property inventory, video recordings, and interviews. d. Prepare and forward a summary of the finding, together with the complete investigative packet through the involved personnel’s chain of command to the Chief of Police. Note: If there is a dissenting opinion between investigating personnel, the dissenting member will include a letter of finding with the investigative packet and route it through the involved personnel’s chain of command to the Chief of Police. PIO a. If significant media attention is expected, develop a media staging area. b. Release a statement or statements as directed by investigating personnel. Chief of Police a. Make a final determination concerning the incident. b. Cause the involved personnel to be notified of the determination. Internal Affairs Sergeant a. Record the disposition of the incident in the IAB database. b. File the completed investigative report. General Order 3.25 Revised 6/2/21 Page 7 of 7
