Use of Force Policy PDF

Use of Force Directive B.01 Applicable to: Members Revised 11/13/2020 Effective 10/2014 I. POLICY...

Use of Force Directive B.01 Applicable to: Members Revised 11/13/2020 Effective 10/2014 I. POLICY This policy establishes guidelines related to the use of force, reporting, and review. This directive applies to all uses of force, whether Members are on-duty or off-duty. The Highway Patrol recognizes and respects the value and special integrity of each human life. Vesting Patrol members with the lawful authority to use force to protect the public welfare requires a careful balancing of all human interests. Therefore, it is the policy of the Patrol that members shall use only force which is reasonably necessary to effectively bring an incident under control while protecting the lives of the member and others. Members shall use physical force in arrest and custody situations only in strict conformance with the United States Constitution, the Constitution and laws of North Carolina, and this policy. This directive recognizes constitutional principles but aspires to go beyond them. The Fourth Amendment requires a member’s use of force be “objectively reasonable.” Graham v. Connor, 490 U.S. 386 (1989). Under this standard, a member may only use force that a reasonable member would when facing similar circumstances. The objectively reasonable standard acknowledges the difficult decisions members are forced to make under rapidly evolving and often unpredictable circumstances, but it does not provide specific guidance on what to do in any given situation. The use of the Vascular Neck Restraint Techniques and any other technique which restricts the blood flow or oxygen to the brain are Not authorized. Sound judgment and the appropriate exercise of discretion will always be the foundation of a law enforcement member’s decision making within the broad range of possible use of force situations. It is not possible to entirely replace judgment and discretion with detailed policy provisions. Nonetheless, this directive is intended to ensure that all actions are taken by a member to stabilize a situation and reduce the immediacy of a potential threat to attempt voluntary compliance in order to avoid an escalation and subsequent use of force (De-escalation Techniques). De-escalation tactics are used whenever feasible, force is used only when necessary, and the amount of force used is proportionate to the situation a member encounters. In situations where members are justified in using force, the utmost restraint should be exercised. Use of Force should never be considered routine. In exercising this authority, members must respect the sanctity of all human life, act in all possible ways to preserve human life, act to avoid unnecessary uses of force, and minimize the force that is used, all the while protecting themselves and the public. B.01 NC State Highway Patrol Policy Manual Page 1  This policy affirms the North Carolina State Highway Patrol’s guiding principles which provide direction when members face a use of force situation during the performance of lawful duty. The North Carolina Highway Patrol’s core use of force principles are as follows: CORE PRINCIPLE #1: Members may use force only to accomplish specific law enforcement objectives. CORE PRINCIPLE #2: Whenever feasible, members should attempt to stabilize a situation and reduce the immediacy of a potential threat to attempt voluntary compliance in order to avoid an escalation and subsequent use of force (de- escalate) Members should strive to de-escalate confrontations with the goal of resolving encounters without force. Members may only use force that is reasonable, necessary, and as a last resort. CORE PRINCIPLE #3: Members must use only the amount of force which is proportionate to the circumstances. CORE PRINCIPLE #4: Deadly force is only authorized as a last resort and only in strict accordance with this directive. CORE PRINCIPLE #5: Members must appropriately assess situations and constantly evaluate the suspect(s) condition to adequately and promptly provide or request medical assistance based on circumstances explained within this directive. CORE PRINCIPLE #6: All members have a duty to stop, intervene, and subsequently, report in any case where a member is a witness to what the member knows or should reasonably be expected to know is an excessive use of force that would violate any applicable law and/or this directive. II. USE OF FORCE CORE PRINCIPLE #1: Members may use force only to accomplish specific law enforcement objectives and in strict accordance with the below established directives, and consistent with state and federal law: o To effect lawful law enforcement objectives, such as to affect a lawful seizure (an arrest or detention) or to carry out a lawful search; o To overcome resistance directed at the member or others; o To prevent physical harm to the member or to another person, including intervening in a suicide or other attempt to self-inflict injury; o To protect the member, or a third party, from unlawful force or; B.01 NC State Highway Patrol Policy Manual Page 2  o To prevent property damage or loss. Members may not use or threaten to use force for the following reasons: o To resolve a situation more quickly, unless the extended delay would risk the safety of the person involved, members, or others, or would significantly interfere with other legitimate law enforcement objectives; o To punish a person or to retaliate against them for past conduct or to impose punishment; o To prevent a person from resisting or fleeing in the future; o To force compliance with a member’s request, unless the request is necessary to serve member or public safety, or criminal apprehension; or o Based on bias against a person’s race, ethnicity, nationality, religion, disability, gender, gender identity, sexual orientation, or any other protected characteristic. CORE PRINCIPLE #2: Whenever feasible, members should attempt to de- escalate confrontations with the goal of resolving encounters without force. Members are encouraged to use techniques to achieve the goal of “De- escalation” in order to defuse emotions and bring calm to a given situation in order to prevent the use of force. These techniques are considered “Force Mitigation Tactics.” Members may use only force which is reasonable and necessary. Members will use de-escalation and force-mitigation tactics and techniques whenever safe and feasible to do so. “Force mitigation tactics is synonymous with de-escalation.” Members will provide clear instructions and warnings whenever feasible before using force. Whenever safe and feasible, members should not use force immediately when encountering noncompliance with lawful verbal directions. Instead, whenever safe and feasible, before using force, members should: o Provide clear instructions and warnings; o Seek to communicate in non-verbal ways when a verbal warning would be inadequate (such as when the person does not speak English, or is unable to hear or understand warnings); o Indicate the consequences of refusing to comply with a mandatory order, including that force will be used unless the person complies; and B.01 NC State Highway Patrol Policy Manual Page 3  o Provide an opportunity to comply if feasible based upon the safety of the suspect and the public as well as safety of the member. Members must consider an individual’s mental, physical, or other incapacities. Members must, when feasible, consider whether a person’s failure to comply with directions or command is due to a medical condition, mental impairment, physical limitation, developmental disability, language barrier, drug interaction, behavioral crisis, or other factors beyond the individual’s control. In these situations, members should consider whether specific techniques or resources would help resolve the situation without force. Members should not exercise force unless it is reasonably necessary. Members should exhaust all other reasonable means before resorting to the use of force. CORE PRINCIPLE #3: Members must use only the amount of force which is proportionate to the circumstances. Members must evaluate all the circumstances facing them in the field to determine whether force is appropriate and what amount is proportionate. Members encounter a wide range of situations in the field, but the sanctity of human life should be at the heart of every decision. When force cannot be avoided through de-escalation or other techniques, members must use no more force than is proportionate to the circumstances. In general, the greater the threat and the more likely the threat will result in injury or death, the greater the level of force may be immediately necessary to overcome it. Consistent with training, some of the factors members should consider when determining how much force to use include: o The seriousness of the law enforcement objective; o The risk of harm presented by the person; o The risk of harm to the member or to innocent citizens presented by using force; o Whether further de-escalation techniques are feasible, including the time available to a member to make a decision, and whether additional time could be gained through tactical means; o If there is a practical, less harmful alternative available to the member; o Mental or physical disability, medical condition, and other physical and mental characteristics; B.01 NC State Highway Patrol Policy Manual Page 4  o Whether there are other exigent/emergency circumstances. As a situation changes, members must assess and reassess the circumstances and continue to respond proportionately, throughout the incident. Over the course of an encounter, the circumstances and threats a member faces may change. Consistent with training and this directive, while using force, members must continually assess the effectiveness, proportionality, and necessity of their actions. The ability to articulate one’s actions is critical with regard to documenting what factually occurred. Force Options Officer Presence Verbal Control Techniques Physical Contact (Soft empty hands) Holding Techniques (Pressure Point Control / Joint Manipulation) Compliance Techniques (to include O.C. Spray / Chemical Agents) Physical Force (Hard empty hands) Impact Weapons (ASP Baton, Flashlight) Conducted Energy Weapon Lethal Force The force options available to a member are listed from the least life-threatening to the most life-threatening. Members are not required to exhaust one type of force before moving to a greater force. The above systematic listing of force options is only used to clarify and illustrate the variety of applications. The decision to use force is NOT a specific path for members to follow in every situation. Sound judgment and the appropriate exercise of discretion will always be the foundation for decision making in the broad range of possible use of force situations a member may encounter. The level of resistance a member encounters is a key factor in determining the proportionate amount of force. o It is not possible to determine ahead of time what the proportionate level of force is for every possible situation members may face. Nevertheless, one of the key factors in determining which level of force is necessary and proportionate in a given situation is the level of resistance a member encounters. In general, the less resistance the member faces, the less force the member should use. o The types of resistance members may encounter range from a cooperative person to an active assailant. Members are reminded any encounter may evolve rapidly and will often change based on the suspects mindset and potential abilities. Consistent with training, the following general rules may B.01 NC State Highway Patrol Policy Manual Page 5  apply when members are exercising judgment in determining what level of force is necessary and proportionate: a. Cooperative Person: When dealing with a cooperative person, members may rely on officer presence and/or verbal control techniques to facilitate and complete arrest. (Refer to directive A.06, Policy Definitions) b. Passive Resistor: When dealing with a passive resistor, members may rely on officer presence, verbal control techniques, holding techniques, compliance techniques, and/or control instruments, but greater force, such as physical force, impact weapons (batons), Conducted Energy Weapons (CEWs), and O. C. (Oleoresin Capsicum) may not be appropriate or proportionate to achieve the lawful objective. (Refer to directive A.06, Policy Definitions) c. Active Resistor: When dealing with an active resistor, members are confronted with a suspect who demonstrates “aggressive,” “hostile,” and potentially “violent” behavior. Resistance such as this can potentially harm the member as well as others in the surrounding area. Members may employ officer presence, verbal control techniques, holding techniques, compliance techniques, and or control instruments as well as hard hand control (strikes), impact weapons (batons), Conducted Energy Weapons (CEWs) up to and including lethal force depending on situation. (Refer to directive A.06, Policy Definitions) d. Threatening Assailant: In general, when dealing with a threatening assailant, members have all use of force options, other than deadly force, available to them, including impact weapons (such as batons or less lethal ammunition) and CEWs. Although a range of force options are generally available, particular options can be used only if proportional to the threat faced. (Refer to Directive A.06, Policy Definitions) e. Active Assailant: In general, when dealing with an active assailant, members have all force options available, though deadly force should only be used as a last resort and in strict accordance with the guidance below. (see Core Principle #4) III. USE OF LESS THAN LETHAL FORCE General Guidelines Where lethal force is not authorized, a member should assess the situation in order to determine which less than lethal technique or weapon will best de-escalate the incident to bring it under control in a safe manner. In exercising this authority, members must respect the sanctity of all human life, act in all possible ways to preserve human life, act to avoid unnecessary uses of force, and minimize the force that is used, all the while protecting themselves and the public. B.01 NC State Highway Patrol Policy Manual Page 6  A member is authorized to use department-approved less than lethal force techniques and issued equipment for resolution of incidents as follows: o To protect the member or another from physical harm o To restrain or subdue a resistant individual o To bring an unlawful situation safely and effectively under control o To effect an arrest or prevent escape from custody of a person whom the member reasonably believes has committed a criminal offense unless the member knows the arrest is not authorized The amount of force, which may be used in attaining a lawful compliance, will be determined by assessing and reassessing the surrounding circumstances and may include the below but are not limited to: o The nature of the offense o The behavior of the subject against whom force is to be used o Reaction time/distance from subject o Multiple subjects and or members/other law enforcement officers present o Actions by third parties who may be present o Size and gender of the member and subject o The feasibility or availability of alternative actions Members are not permitted to use a less than lethal defensive weapon unless qualified in its proficient use by training procedures. All proficiency training must be monitored by a certified firearms / defensive tactics instructor. All members authorized to carry weapons are required to receive in-service training at least annually on the agency’s use of force policies and demonstrate proficiency with all approved lethal and less than lethal weapons. The following less than lethal defensive weapons are authorized for on and off duty use: expandable baton, flashlight, O.C. Spray, and other weapons which may be issued by the Highway Patrol. Under no circumstances is a patrol member authorized to carry a Conducted Energy Weapon (CEW) while off duty. Impact Weapons The expandable baton and flashlight are the standard impact weapons issued to members of the Highway Patrol. B.01 NC State Highway Patrol Policy Manual Page 7  Chemical Agents Only Highway Patrol issued chemical agents may be carried and used by members of the Highway Patrol. Prior to the issuance of Oleoresin Capsicum Spray (O.C. Spray), all members shall receive training in its use, which will include instruction and actual application to afford the member an understanding of the effects. Any use or display of O.C. Spray other than in a training situation or spraying of animals for self-protection shall be reported as required by this directive. OLEORESIN CAPSICUM SPRAY Use of O.C. Spray is a form of less than lethal force. When practical, O.C. Spray should be used in place of striking the subject with a fist, elbow, knee, or weapon in order to avoid injury to the subject and the member. No member shall knowingly use O.C. Spray on any person who is being subjected to the effects of a Conducted Energy Weapon (CEW) Decontamination After spraying a subject, the member must monitor the subject's physical condition for up to forty-five (45) minutes or until the subject is turned over to jail personnel After handcuffing and searching the subject, the member should instruct the subject to stay still, not to rub his/her eyes, breathe normally, and relax as much as possible When circumstances permit, a member should wait a period of fifteen (15) minutes before transporting the subject to allow natural evaporation to reduce the effects of the O.C. Spray in the Patrol vehicle A member must decontaminate the subject at the scene of the arrest when the member or subject's safety is not jeopardized by such decontamination Decontamination includes: Moving the subject into an uncontaminated area as soon as possible Facing the subject into the wind Spraying the subject's face and eyes utilizing the issued spray bottle and water Patting the subject's face dry with paper towels B.01 NC State Highway Patrol Policy Manual Page 8  A subject should be asked if he/she suffers from any medical problems While transporting the subject, the member shall provide ventilation to the subject by opening the window and/or directing the air-conditioning vent toward the subject's face Upon arrival at the detention facility or chemical analysis site, the member shall allow the subject to flush his/her face and eyes with cool water. A non-oil based soap or detergent should be used and will help remove the resin from the skin. Do not use any commercial eyewash during the decontamination process Personnel at the jail must be informed that a prisoner has been sprayed with O.C. Spray Medical Attention for subjects exposed to O. C. Unless a detention facility requires a subject, who has been sprayed with O.C. Spray to be checked by medical personnel, a prisoner who has been sprayed will not usually require medical attention A prisoner who meets any of the following criteria must be taken for immediate medical attention: o Gagging or breathing difficulties persist beyond 2-4 minutes o Loses consciousness, sweats profusely without reason, appears very sick o Suffers from the effects of O.C. Spray more than forty-five (45) minutes after use o Displays signs of or declares an allergy to capsicum (pepper) A prisoner who is known to meet the following criteria must be closely monitored for at least forty-five (45) minutes or until turned over to jail personnel. Closely monitored means the prisoner should not be left alone for any significant periods of time, and the physical and mental condition of the prisoner should be observed: o Old or frail persons, diabetics, asthmatics o Have known history of heart or lung problems, seizure disorders o Are substantially impaired by drugs or alcohol o Have run or fought with member or violently resisted arrest o Are breathing very rapidly, sweating heavily, or exhibiting pale skin B.01 NC State Highway Patrol Policy Manual Page 9  o Engaging in deranged or irrational conduct or speech o Are very obese o Complain of dizziness or being lightheaded Carrying and Deployment of Oleoresin Capsicum Spray Members who are issued a CEW may remove the O.C. Spray from their duty belt, but he/she must have it readily available within his/her Patrol vehicle for use. The removal of the O.C. Spray from a member’s duty belt in no way relieves him/her of the responsibility of maintenance, care, and inspection of the O.C. Spray. Use of Chemical Agents other than O. C. Spray Authorization to deploy chemical munitions or other chemical agents in riot situations or for other applications involving large numbers of people must be obtained from the affected Section Director/Troop/Unit Commander or his/her designee. Any use of chemical munitions or chemical agents except in a training situation must be reported by the appropriate Troop Commander or his/her designee by utilizing Form ICS214 (Activity Log-Chronological Listing of Activities) and shall refer to the North Carolina State Highway Patrol Unusual Occurrence Manual, Section VIII and Section XXIII as it pertains to the “After Action Reporting” consistent with IAP (Incident Action Plan) and the ICS (Incident Command System). Conducted Energy Weapon (CEW) A Conducted Energy Weapon (CEW) is a less-lethal device that uses electrical current, with the goal of achieving neuromuscular incapacitation, by the disruption of voluntary control of the muscles. Use of a CEW by a member shall be in compliance and consistent with the most current training guidelines, all current publications and/or revisions from Axon Enterprises, Inc., and any laws or relevant court decisions pertaining to CEW use. All members shall receive required training prior to the issuance of a CEW. Training shall include a demonstration and application of the device to afford the member an understanding of the physical effects on a suspect. Any use or display of a CEW other than in a training situation shall be reported as required by this directive and in compliance with standard operating procedures. Use of the CEW is authorized only when a reasonably objective member would conclude that the circumstances present a risk of immediate danger that could be mitigated by the use of force. Members shall articulate why the subject’s B.01 NC State Highway Patrol Policy Manual Page 10  action(s) and/or behavior indicated a threat to the safety of themselves or third persons. Members preparing to fire the CEW shall announce “Taser, Taser, Taser” when feasible, to warn the violator, to prevent sympathetic reflex shooting, and to alert other officers on scene. All issuance, initial user training, In-Service training, and maintenance and/or repair of CEWs will be at the direction of the Director of Training or his/her designee Any CEW involved in a Use of Force shall be downloaded and the downloaded file shall be attached to the affected member’s BlueTeam Use of Force Report when forwarded from the District First Sergeant to the Unit/Troop Supervisor. All guidelines for the CEW program related to the operation of the North Carolina State Highway Patrol Conducted Energy Weapon (CEW) Program are contained within the Standard Operating Procedure (SOP) entitled “Conducted Energy Weapon (CEW) Program” Use of the CEW is NOT authorized in the following circumstances: o When the suspect is in control of a vehicle that is in gear or in motion; o When a suspect is passive-resistant and/or engaging in passive, non-violent resistance; o When a suspect is running away from the member in attempt to escape and the suspect poses no immediate risk of injury to the member or a third party; o When the member knows or perceives the suspect to suffer from a mental illness, cognitive impairment or developmental disability, such as Down Syndrome or Autism Spectrum Disorder, unless necessary to prevent injury to the member or a third party; o The CEW is not to be used in any mode to achieve pain compliance. Issuance of Authorized Weapons Prior to the issuance of any lethal or less than lethal weapon the Highway Patrol Armorer or Defensive Tactics Coordinator shall review, inspect, and approve all weapons intended for use by members in the performance of their duties. Any weapon found to be unsafe shall be removed from service until such time it is repaired by a qualified technician. A record of each approved weapon issued by the Patrol shall be maintained by the Highway Patrol Armorer. B.01 NC State Highway Patrol Policy Manual Page 11  Use of Weapons Weapons shall be used or displayed in accordance with the member's training and Patrol policy. Careless or imprudent use of weapons is prohibited. The term deadly is synonymous with lethal and the term non-lethal and non-deadly are synonymous with less than lethal. Remedial Training A member who fails to demonstrate required proficiency with either a lethal or non- lethal weapon shall receive remedial training with said weapon by a certified weapons instructor prior to resuming official duties IV. USE OF LETHAL FORCE CORE PRINCIPLE #4: Lethal force is only authorized as a last resort and only in strict accordance with this directive. General Guidelines Members shall use lethal force only in conformance with the U.S. Constitution and the Constitution and laws of North Carolina. In exercising this authority, members must respect the sanctity of all human life, act in all possible ways to preserve human life, act to avoid unnecessary uses of force, and minimize the force that is used, all the while protecting themselves and the public. Imminent shall be synonymous with the term immediate General Statute § 15A-401(d)(2) states, in pertinent part: A law-enforcement member is justified in using deadly physical force upon another person only when it is or appears to be reasonably necessary thereby: o To defend himself or a third person from what he reasonably believes to be the use or imminent use of deadly physical force o To effect an arrest or to prevent the escape from custody of a person who he reasonably believes is attempting to escape by means of a deadly weapon, or who by his conduct or any other means indicates that he presents an imminent threat of death or serious physical injury to others unless apprehended without delay o Nothing in this subdivision constitutes justification for willful, malicious, or criminally negligent conduct by any person which injures or endangers any B.01 NC State Highway Patrol Policy Manual Page 12  person or property, nor shall it be construed to excuse or justify the use of unreasonable or excessive force. Warning Required Prior to using lethal force, members must give a verbal warning if feasible. Lethal force includes, but is not limited to, use of a firearm. Threatening lethal force does not necessarily constitute use of lethal force. A threat to cause death or serious bodily harm, such as by displaying a firearm, does not constitute lethal force, so long as the member’s purpose is limited to creating an apprehension that deadly force will be used if necessary. Strict considerations must be met before a member may use deadly force. As discussed above, when feasible, members should try to de-escalate situations, issue verbal warnings, or use non-lethal force with the goal of resolving encounters without using lethal force. There are, however, occasions when lethal force is necessary to protect members or the public. A member may use deadly force only when the member reasonably believes such action is immediately necessary to protect himself/herself or another person from imminent danger of death or serious bodily harm. Members shall not use deadly force if the member reasonably believes an alternative will avert, eliminate an imminent danger of death or serious bodily harm and achieve the law enforcement purpose at no increased risk to the member or another person. Members shall not use deadly force when a reasonable officer would conclude that a person presents an imminent threat of death or serious physical injury only to themselves. Special considerations must be taken into account before a member may display a firearm. Unholstering or pointing a firearm are tactics that should be used with great caution. The presence of a member’s firearm, under the right circumstances, can discourage resistance and ensure officer safety in potentially dangerous situations without the need to resort to actual force. At the same time, however, unnecessarily or prematurely drawing a firearm can limit a members’ options in controlling a situation, could create great anxiety on the part of citizens, and may result in an unwarranted or accidental discharge of the firearm. Accordingly, members should only display their firearms in appropriate tactical situations and using the following principles as guidance: B.01 NC State Highway Patrol Policy Manual Page 13  o Pointing a firearm. Consistent with training, members may point a firearm at a person only when circumstances create a reasonable belief it may be immediately necessary for the member to use deadly force. When the member no longer reasonably believes deadly force may be immediately necessary, the member shall, as soon as practicable, secure or holster the firearm. o Unholstering a firearm. Consistent with training, members may unholster or otherwise display a firearm only when circumstances create a reasonable belief: (1) the member is permitted to point a firearm at a person in order to achieve a lawful objective, or (2) unholstering or displaying the firearm may itself help establish or maintain control in a potentially dangerous situation. V. WEAPONS AND AMMUNITION PROCEDURES Authorized Weapons – On and Off Duty On Duty o Service pistols and magazines shall be loaded to capacity with Patrol issued ammunition. Rifle magazines shall be loaded with twenty-five (25) rounds. A rifle will be carried on duty with a magazine inserted into the rifle/carbine, bolt forward on an empty chamber with the mechanical safety engaged. Shotguns will be loaded to magazine capacity with the bolt forward on an empty chamber with the shotgun’s mechanical safety engaged. o Members while on/off duty and operating an official Highway Patrol Vehicle while not wearing an approved Highway Patrol Uniform, shall have on their person his/her issued service pistol and official Highway Patrol identification credentials. While wearing civilian clothing, the member shall not make a public display of a firearm or remove it from its holster except for lawful purposes. The only exception to this policy is when a member is attending a law enforcement specific meeting; the member may secure his/her service pistol in the trunk of his/her Patrol Vehicle while actively involved in the meeting. o When carried, shotguns and rifles/carbines shall be kept secured in the rearmost portion of an issued SUV type Patrol vehicle or locked in the trunk of a standard Patrol Vehicle to prevent or lessen the likelihood of theft, except when removed in the line of duty. o If shotguns and rifles/carbines are secured in the Blac-Rac weapon mounting system, the member may leave the weapon secured in the vehicle. If the member will be away from the vehicle for an extended period of time such as vacation the weapon shall be locked in the trunk of a standard Patrol Vehicle or secured in temporary storage at the assigned member’s district office to prevent or lessen the likelihood of theft. B.01 NC State Highway Patrol Policy Manual Page 14  o The key for the Blac-Rac proprietary integral key lock shall be carried by the member attached to the whistle chain while wearing a Class A uniform. Class B uniform wearers shall keep the key in the front right pocket of the Class B uniform shirt. o Members shall NOT attempt to secure any handgun loaded or unloaded into Blac-Rac weapon mounting system. o Members will periodically inspect ammunition for serviceability in any firearm used for duty use. Any ammunition suspected to be faulty will be immediately replaced. o Members may purchase spare magazine(s), meeting Highway Patrol specifications, for the Patrol-issued pistol. o The use of lead or cast bullets in North Carolina State Highway Patrol owned firearms is prohibited from use unless the firearm is a shotgun. A member shall fire only jacketed ammunition in an issued North Carolina State Highway Patrol owned handgun and rifle/carbine. Off-Duty Firearms o In strict conformance with federal and state law and this directive, members are authorized to possess and carry a concealed firearm (either their issued service firearm or an authorized personal firearm) while off duty. Use of off- duty weapons shall be reported immediately to a Patrol supervisor. The same reporting procedures will apply as an on-duty incident. o A member who elects to carry his/her Patrol-issued or personally owned firearm(s) while off duty will be required to have in his/her possession the official badge and identification holder identifying him/her as a sworn member of the State Highway Patrol. o The size of the Patrol-issued pistol may prevent proper concealment; therefore, discretion must be used in carrying this weapon off-duty. o Members who practice with issued weapons shall comply with all policies regulating the use of firearms. o A member shall not consume or have remaining in his/her body any alcohol previously consumed or be under the influence of alcoholic beverages while handling a firearm or while possessing any firearm away from his/her own premises. o Members shall not make a public display of a firearm or remove it from its holster while off duty except for lawful purposes. B.01 NC State Highway Patrol Policy Manual Page 15  o A member who is on investigatory leave with pay, on disciplinary suspension, or is required to surrender his/her Patrol-issued firearms for any reason, or is otherwise prohibited from exercising powers of arrest, is not authorized to carry a concealed, personally owned firearm while off duty during the period the member is on investigatory leave with pay, or on disciplinary suspension. Firearms Procedures A member shall never fire warning shots. A member shall not display any firearm except for authorized use in accordance with this directive, for inspection by a superior member, or for other authorized purposes. A member shall not permit any person, other than another member, to use Patrol firearms. The killing of an animal is justified: o For self-defense o To prevent harm to the member or another person o When the animal is so badly injured as to require that it not continue to suffer. In the case of livestock, a reasonable effort must be made to contact and notify the owner. If the owner cannot be contacted within a reasonable period, the member may take the necessary action. Incidents involving game and non-game animals under the jurisdiction of the Wildlife Resources Commission will be reported to that agency by using Deer Retention Authorization (EF-004). Incidents involving domestic animals and livestock will be reported to the nearest animal control agency. Neither a Report of Investigation (HP-721) nor a Use of Force Report needs to be completed when an animal is shot; however, a memorandum outlining the member’s action shall be sent to the member’s immediate supervisor within twenty-four (24) hours of the incident and ammunition shall be replaced as soon as possible. Shooting at Moving Vehicles Discharging a firearm at a moving vehicle involves a possible risk of death or serious injury. There may be a risk of harm to occupants of the suspect vehicle who may not be involved, or involved to a lesser extent, with the actions of the suspect creating the threat. Members shall not fire at unarmed violators in a moving vehicle unless the member reasonably believes the oncoming vehicle presents an imminent threat of death or serious physical harm to the member or third person, and no other means are available at that time to avoid or eliminate the danger B.01 NC State Highway Patrol Policy Manual Page 16  No member shall intentionally position him/herself into the path of a vehicle which is attempting to flee. Whenever possible, the affected members shall make a reasonable effort to get out of harm’s way if a vehicle is moving toward him/her. Shooting from a Moving Vehicle Shooting from a moving vehicle is prohibited, except where members reasonably believe there is an imminent threat of serious bodily injury or death for themselves or for a third party without such action. Before shooting from a moving vehicle, the member must reasonably believe the only means of protecting themselves and/or a third party is the use of deadly force and no alternative, less dangerous means exists to abate the threat. Investigation and Reporting of Firearms Incidents A member shall immediately report to his/her supervisor every display or use of a firearm in the performance of his/her duty, either intentional or unintentional not related to training. Any time a member removes his/her pistol from its holster during an enforcement contact, such action shall be deemed either display of firearm or use of firearm. A use of firearm, as defined by SHP Directive A.06, shall be documented in BlueTeam on a Firearm Discharge Report. (See sections IX and X of this directive for further directions) A display of firearm, as defined by SHP Directive A.06, shall be documented in BlueTeam on an abbreviated Use of Force Report. (See sections XI and XII of this directive for further directions) A use of firearm, as defined by SHP Directive A.06, combined with use of another force option will require the use of firearm to be documented in BlueTeam on a Firearm Discharge Report. The use of another form of force will be documented in BlueTeam on a Use of Force Report A member involved in a shooting incident, which results in death, or serious personal injury to anyone shall immediately be relieved from normal duty and assigned to administrative duties by his/her Section Director/Troop/Unit Commander. The Internal Affairs Unit will be responsible for completion of the Firearm Discharge Report in BlueTeam and completion of the HP-721. The HP- 721 shall be attached to the Firearm Discharge Report, generated in BlueTeam. The affected Section Director/Troop/Unit Commander shall follow the provisions set forth in Section V (Administrative Leave and Review) of this Directive. The member shall also be ordered to submit to a drug test pursuant to the provisions of Directive E.02, Section V (Types of Mandatory Drugs and Alcohol Tests). The Section Director/Troop/Unit Commander or his/her designee shall immediately begin to collect pertinent information necessary for a preliminary investigation and shall contact the Unit Commander of Internal Affairs for consultation. The Unit Commander of Internal Affairs, or their designee shall ensure the appropriate notification with the State Bureau of Investigations (NCSBI), as well as the District Attorney’s office for the respective location B.01 NC State Highway Patrol Policy Manual Page 17  After debriefing of the member in accordance with Patrol policy, if it reasonably appears the shooting was justified, the member may be re-assigned to normal duty by the Commander’s Office Maintenance and Care of Firearms All members shall keep their Patrol-issued and back-up or off-duty firearms in excellent condition Members shall not in any manner alter or tamper with the internal working mechanisms of their Patrol-issued firearms Members shall regularly clean and inspect all issued firearms according to instructions in the appropriate training manual Any defects or malfunctions of any issued firearm shall be reported to the member's supervisor immediately. Defective weapons shall not be carried. Members shall regularly clean and inspect all approved back-up or off-duty firearms Any defects or malfunctions of back-up or off-duty firearms shall be reported to the Patrol/Troop Firearms Instructor immediately. Members shall not carry such firearms until the defect or malfunction is corrected at the member's expense and inspected by the Patrol/Troop Firearms Instructor to insure it has been repaired. If any critical component of the firearm is repaired or replaced (sights, barrel, etc.) the Patrol / Troop Firearms Instructor must re-qualify the member with the firearm and document same on a Firearms Qualification Record (F-9A) to be forwarded to the Patrol Armament Member and placed in the member’s personal firearms file. VI. MEDICAL ASSISTANCE CORE PRINCIPLE #5: Members must promptly provide or request medical aid. Members have a duty to provide prompt medical care. Members shall always treat people with dignity and respect. Whenever a person is injured, complains of an injury, or requests medical attention, as soon as it is safe and practical, members shall request medical aid (such as by contacting emergency medical services) and provide appropriate medical care consistent with the members training (such as by providing first aid and/or transportation to an emergency medical facility). Members have a duty to continuously monitor individuals / suspect(s) for potential medical intervention after a use of force. Special consideration should also be taken with individuals who may have ingested drugs, are impaired or who demonstrate obvious physical exertion based on the event. Out of respect for the sanctity of life, members shall closely monitor persons against whom force was used for signs they may require medical assistance. This responsibility B.01 NC State Highway Patrol Policy Manual Page 18  applies during transportation and throughout custody. Members shall pay close attention to persons believed to be pregnant, children, the elderly, and physically frail individuals. Members shall make the scene as safe as practical and shall afford medical assistance to injured persons considering: Amount and type of force used Any apparent or probable injuries Statements made by the person(s) Medical assistance afforded shall be the same as for any other individual with similar injuries including: First aid administered by the member within the limits of member’s level of training Calling or offering to call emergency medical services as appropriate Members may elect to transport injured suspects by Patrol vehicle to a medical facility for examination or treatment based on potential security risks, danger presented by the suspect, and other articulable facts. VII. DUTY TO INTERVENE AND REPORT CORE PRINCIPLE #6: Members have a duty to stop and report uses of force that violate any applicable law and/or this directive. Members have a duty to prevent and stop illegal and inappropriate uses of force by other members or another law enforcement officer. Every member has an obligation to ensure compliance, by themselves and others, with Highway Patrol directives and regulations, as well as all applicable laws, regarding use of force. Any member who observes a member or another law enforcement officer engaging or preparing to engage in force which is illegal, excessive, or otherwise inconsistent with this directive must, absent extraordinary circumstances, do whatever he/she can to interrupt the flow of events before the fellow officer does something that makes any official action necessary. Members can serve each other and the public by simply saying or doing the right thing to prevent a fellow officer from resorting to force illegally or inappropriately. o If any member observes such a violation, the member must issue a command/order to stop the violation. o If a supervisor observes such a violation, the supervisor must issue a direct order to stop the violation. B.01 NC State Highway Patrol Policy Manual Page 19  Members have a duty to report illegal and inappropriate uses of force by other officers. Any member who observes or has knowledge of a use of force that is illegal, excessive, or otherwise inconsistent with this directive must: o Notify a supervisor as soon as possible; and o Submit an individual written report to a supervisor before reporting off duty on the day the member becomes aware of the misconduct. Members are prohibited from retaliating against an employee who intercedes in or reports illegal or inappropriate uses of force. No member may retaliate, in any form, against another employee who intercedes in or reports a violation of this directive, or who cooperates with an investigation into a possible violation of this directive. VIII. DOCUMENTATION ON USE OF FORCE The appropriate first-level supervisor shall submit form HP-351 (Supervisor Notification of Member Involved Incident) via e-mail within twenty-four (24) hours of any reportable Use of Force incident to include Display of Weapon according to the HP-351 instructions. The appropriate first-level supervisor shall e-mail a copy of the HP-351 “To:” the appropriate Unit/Troop Headquarters and “CC:” the Use of Force Board Liaison for informational and tracking purposes. Firearms Use of a Firearm, as defined in SHP Directive A.06, shall be reported and documented in BlueTeam on a Firearm Discharge Report in accordance with this directive Display only of a firearm, as defined in SHP Directive A.06, shall be reported and documented on the abbreviated Use of Force Report. (See form instructions for the abbreviated report) In addition to the Firearm Discharge Report, incidents involving the discharge of a firearm require a HP-721, except when an animal is shot. The HP-721 shall be attached to the Firearm Discharge Report in BlueTeam and then forwarded via chain-of-command to the Unit Commander of Internal Affairs. The Unit Commander of Internal Affairs shall forward the report and investigation to the Commander’s Office. B.01 NC State Highway Patrol Policy Manual Page 20  Other Use of Force A member shall complete the Use of Force Report in BlueTeam on each occasion the member strikes a person with any part of his/her body (e.g. fist, elbow, leg, knee or foot) or uses any defensive weapon in order to control a subject. The Use of Force Report shall also be completed in BlueTeam whenever a subject or a member is injured, the subject or member complains of injury, or has visible injury or in any case where a subject is charged with assaulting the member. A member shall complete the Use of Force Report in BlueTeam on each occasion in which an “Arm-Bar Takedown,” “Vehicle Extraction Technique” or a “Balance Displacement Technique” is performed regardless if an injury occurs. Each of these actions performed on a suspect have a greater potential for injury occurrence to a suspect and therefore shall require documentation for record purposes. On those occasions when the member “Displayed Only” any defensive weapon, the member shall complete the abbreviated Use of Force Report as directed in the report’s instructions. A member involved in a Use of Force incident, if physically able, must notify his/her immediate supervisor as soon as feasible after the incident. The member shall submit the Use of Force Report in BlueTeam to his/her immediate supervisor within five (5) calendar days of the incident. If the member is unable due to injuries, the immediate supervisor will complete the Use of Force Report within thirty (30) calendar days, provided the supervisor has sufficient information. In all felony cases, a copy of the Use of Force Report shall be provided to the District Attorney pursuant to the requirements of N.C.G.S. 15A-903 IX. REVIEW AND CRITIQUE OF USE OF FORCE Review by Supervisor The member’s supervisor shall review the Use of Force Report for completeness with the member prior to submission. In all cases where the member conducted a Terry Frisk, the supervisor shall determine whether the member properly obtained consent to frisk or, absent consent, articulates the specific objective facts that gave rise to reasonable suspicion to believe that the subject may have been armed and presently dangerous. In addition, the supervisor shall review any accompanying video(s) or audio and this directive as it applies to the incident with the member and make an initial determination about whether the member followed Patrol policy and established training practices. A supervisor involved in the incident shall not conduct the review. B.01 NC State Highway Patrol Policy Manual Page 21  The responsibilities of the member’s supervisor extend to also include first level “After Action Review.” In completing review of the Use of Force Report, the supervisor shall identify potential policy violations, trends of behavior, training deficiencies, legal consistencies on the force as well as potential options that could have been utilized during the encounter. The supervisor will consult with the State Defensive Tactics Coordinator should there be any questions from a training posture. This after-action review may occur during below noted Step 2 but shall be documented in the comments section and must occur within ten (10) calendar days of the incident in order to provide the member adequate response from a training opportunity. The First Sergeant or appropriate second-level supervisor shall make comments (Refer to the Use of Force BlueTeam Instructions) in the “Comment” section during the approval process in BlueTeam. The comments should indicate the video(s) was reviewed and the course of action (i.e. A review of the video indicated established training practices and policy were or were not complied with during this Use of Force / The video of this Use of Force was reviewed. Refer to the attached NCVIP and/or Remedial Training Memorandum). The name of the defensive tactics instructor who may have consulted or reviewed the video shall also be documented. The following dissemination process shall be followed when submitting a Use of Force Report: Step 1: Trooper completes and submits report for approval, to supervisor via BlueTeam. Use of Force Report due within five (5) calendar days of the incident to the appropriate first-level supervisor. Step 2: The appropriate first-level supervisor reviews report including video(s) or audio and relevant documentation in BlueTeam for accuracy and clarification. The appropriate first-level supervisor shall make comments (Refer to the Use of Force BlueTeam Instructions) in the “Comment” section that a video review was conducted during the approval process. If issues are found: o Communicate with Trooper for clarification o Reject the report in BlueTeam o Review resubmission from Trooper o Approve and forward to First Sergeant or appropriate second-level supervisor for review and approval via BlueTeam Step 3: First Sergeant or appropriate second-level supervisor reviews the report including video(s) or audio and relevant documentation to check for B.01 NC State Highway Patrol Policy Manual Page 22  accuracy and policy violations or training needs. The First Sergeant or appropriate second-level supervisor shall make comments (Refer to the Use of Force BlueTeam Instructions) in the “Comment” section that a video or audio review was conducted. First Sergeant or appropriate second-level supervisor forwards the approved, completed report, with attachments, to the Unit/Troop Supervisor or Section Director for their review, no later than thirty (30) calendar days of the incident. Step 4: The Unit/Troop Supervisor or Section Director (third-level review) will only have forty-five (45) calendar days from the date of the incident to review the report including video(s) or audio and relevant documentation to verify for accuracy, clarification, and discrepancies. The Unit/Troop Supervisor or Section Director shall make comments (Refer to the Use of Force BlueTeam Instructions) in the “Comment” section that a video review was conducted. The Unit/Troop Supervisor or Section Director will also identify any policy violations or training needs. For use of force incidents that involve a fatality or serious personal injury, the Unit Commander of Internal Affairs will be notified and determine if policy violations may exist and classify those potential violations as deemed appropriate. (Refer to Policy Directive H.02). The appropriate third-level supervisor will immediately forward the report via BlueTeam, “TO” the Chairman of the Use of Force Review Board. The appropriate third-level supervisor shall also carbon copy (cc) the Use of Force Review Board and the District First Sergeant. Groups for the Chairman of the Use of Force Review Board and the Use of Force Review Board have been created in BlueTeam. o NOTE: First Sergeants or appropriate second-level supervisor shall expedite a completed copy of the report as close to incident date as possible in order for the Unit/Troop Supervisor or Section Director to verify for accuracy, clarifications and/or discrepancy in order to comply with the forty-five (45) calendar day dissemination period o The member shall print the approved report for their record. In the event a video or audio of the occurrence exists, the supervisor will label the video file as the sequence number to include the members rank, first and middle initial with last name (e.g. 170725001CA Trp J K Smith). Upload the video(s) or audio file within 30 calendar days of the incident at the following address located on the “G” drive: BlueTeam Videos / Troop / District o The appropriate District First Sergeant will manage the authorized Troop/District video(s) or audio file on the G Drive and delete the uploaded file four (4) months after the occurrence date of the incident. o Supervisors shall indicate the video has been reviewed in the “Comment” section of the BlueTeam submission process. If no video or audio exists, B.01 NC State Highway Patrol Policy Manual Page 23  then an explanation shall be documented in the “Comment” section of the BlueTeam submission process. Attach a copy of the CL-29 if applicable by the appropriate level supervisor. o Should the initial BlueTeam report be sent to the Use of Force Board later than the forty-five (45) calendar day deadline, but before sixty (60) calendar days, then a detailed explanation describing the reason the report is late in the form of an email shall be sent to the Chairman of the Use of Force Board. o Should the initial BlueTeam report be sent to the Use of Force Board later than sixty (60) days, then documentation in the form of NCVIP and HR562 (Documented Counseling Session) detailing the reason the report is late and that this discrepancy has been documented shall be emailed to the Chairman of the Use of Force Board by the Unit/Troop Supervisor or Section Director. These unrelated documents to the Use of Force incident shall not be attached to the BlueTeam Report. Step 5: The Use of Force Review Board reviews the incident including videos or audio and relevant documentation and discusses discrepancies and/or needed remediation. The Chairman of the Use of Force Review Board or designee shall reject a report in BlueTeam for discrepancies and provide instructions in the designated space. The rejected report will be forwarded via BlueTeam to the effected Unit/Troop Commander/Section Director requesting revision or remediation. The Chairman of the Use of Force Review Board or designee shall route approved reports “To” the BlueTeam Administrator. o In cases involving a SBI investigation or Internal Affairs investigation, the Use of Force Board will review the BlueTeam report for accuracy and training purposes only. Step 6: When a Unit/Troop Commander/Section Director is forwarded a rejected report, he/she shall in turn forward it to the appropriate district for corrections. The Unit/Troop Commander/Section Director shall ensure the corrected report is re-submitted to the Use of Force Review Board via the chain of command within fifteen (15) calendar days. X. REVIEW AND CRITIQUE OF DISPLAY OF WEAPON (USE OF FORCE REPORT DISPLAY OF WEAPONS) Review by Supervisor The member’s supervisor shall review the report for completeness with the member(s) prior to submission. In addition, the supervisor shall review any accompanying video(s) and this directive as it applies to the incident with the member and make an initial determination about whether the member followed B.01 NC State Highway Patrol Policy Manual Page 24  Patrol policy and established training practices. The supervisor shall acknowledge that the review with the member(s) has taken place by making the appropriate comment (Refer to the Display of Weapon BlueTeam Instructions) in the “Comment” section during the approval process in BlueTeam. The appropriate supervisor shall indicate the date the review was completed. A supervisor involved in the incident shall not conduct the review. If the supervisor approves the report, he/she will then forward the report to the First Sergeant or appropriate second-level supervisor. If the report is accompanied by a video(s) or audio, the First Sergeant or appropriate second-level supervisor shall review any accompanying video(s) or audio to ensure compliance with Patrol policy and established training practices. If there is not a video or audio recording available, then a detailed explanation is required. Attach a copy of the CL-29 if applicable. The First Sergeant or appropriate second-level supervisor shall provide a copy of the report and video to a defensive tactics instructor for review and after reviewing the incident with the instructor, address any identified training, policy deficiencies, or other issues with affected member(s) Training, policy deficiencies, and/or remedial training shall be documented in accordance with policy The First Sergeant or appropriate second-level supervisor shall make comments (Refer to the Display of Weapon BlueTeam Instructions) in the “Comment” section during the approval process in BlueTeam. The comments should indicate the video(s) was reviewed and the course of action (i.e. A review of the video indicated established training practices and policy were or were not complied with during this Use of Force / The video of this Use of Force was reviewed. Refer to the attached NCVIP and/or Remedial Training Memorandum). The name of the defensive tactics instructor who reviewed the video shall also be documented. The First Sergeant or appropriate second-level supervisor shall forward the Use of Force Report, along with any applicable supporting documents “To” the BlueTeam Administrator. XI. REVIEW BY BOARD All Use of Force/Assault Reports and the accompanying video(s) will be reviewed and analyzed monthly or no more than bi-monthly by the Use of Force Review Board as directed by the Board Chairperson. The Board may request, through the chain-of-command, additional information and clarification on any report. Training or policy issues identified during the district or unit review shall not be addressed in the Use of Force Report, but instead shall be documented on the appropriate form(s) (Remedial Training Memorandum, Performance Record, B.01 NC State Highway Patrol Policy Manual Page 25  Personnel Complaint, etc.) and processed in accordance with the Forms and Reports System. A copy of the form(s) shall be attached and forwarded along with the Use of Force Report to the Chairman of the Use of Force Review Board via BlueTeam. The Use of Force Board shall receive a carbon copy (Cc) of the report. The Use of Force Review Board does not review use of force incidents which only involve the display of a weapon. The Director of Professional Standards shall appoint Board members for not more than two (2) years from the following sections excluding the one member holding the rank of Captain who will serve as the chairperson: o Captain (Chairperson) o Troop Lieutenant – (Co-chair) o District First Sergeant o District Sergeant o Internal Affairs – One member o Training Academy – A member of the Defensive Tactics Unit (Use of Force Board Liaison) o Two (2) District Troopers o Legal Section – One staff attorney The Use of Force Review Board is empowered to conduct an administrative review and inquiry into the circumstances of an incident. The objective of the board is to identify trends within the agency’s use of force, policies and potential training opportunities. Within this review process, the board may recognize policy violations and will refer the reported incident to the appropriate board member from Internal Affairs. The board does not have the authority to recommend discipline. Any analysis regarding the involved employee’s actions conducted by the board will be in accordance with the Highway Patrol’s disciplinary procedures, the Personnel Complaints Policy, and any applicable state or federal law. The board shall make one of the following recommended findings: (a) The employee's actions were within agency policy and procedure and were consistent with training guidelines B.01 NC State Highway Patrol Policy Manual Page 26  (b) The employee's actions were in violation of agency policy and procedure or established training practices and guidelines The Use of Force Review Board shall submit a monthly meeting summary report to the Commander’s Office within ten (10) business days addressing the following: o Number of reports and videos reviewed o Breakdown of incidents within policy and laws o Breakdown of reports with training issues and number of reports referred to Internal Affairs o Significant issues discovered by the board during their review If a member is involved in three (3) or more Use of Force/Assault incidents in a consecutive twelve-month (12) period, the Early Intervention System within the IAPro Software will create an Alert in the Internal Affairs Unit. Once an Early Intervention Alert is received in the Internal Affairs Unit, the Alert shall be assigned by the BlueTeam Administrator and sent to the Unit/Troop Commander for appropriate action and documentation. B.01 NC State Highway Patrol Policy Manual Page 27