Aurora Police Department Use of Force PDF

AURORA POLICE DEPARTMENT DIRECTIVES MANUAL 05.01 USE OF FORCE Approved By: Art Acevedo, Interim Chief of Police Effective: Aug-18-2023 Revised: Aug-18-2023 Associated Policy: DM 05.01, 05.03, 05.04, 05.05, 05.06 References: C.R.S. § 18-1-704, 18-1-707, 18-1-901(3)(d), 24-31-901 Review Authority: Pro...

AURORA POLICE DEPARTMENT DIRECTIVES MANUAL 05.01 USE OF FORCE Approved By: Art Acevedo, Interim Chief of Police Effective: Aug-18-2023 Revised: Aug-18-2023 Associated Policy: DM 05.01, 05.03, 05.04, 05.05, 05.06 References: C.R.S. § 18-1-704, 18-1-707, 18-1-901(3)(d), 24-31-901 Review Authority: Professional Standards and Training Division Chief and APD Legal Advisor(s) 5.1.01 PURPOSE The purpose of this directive is to provide all sworn members of the Aurora Police Department (APD) with clear and direct guidelines that meet the standards of Graham v. Conner (1989) and C.R.S. § 18-1-707. Sworn members shall respect and value the sanctity of human life and uphold the dignity of all persons. The life, safety, and welfare of all persons is paramount when carrying out the duties of a peace officer. The decision to use force requires continual assessment of the situation with the goal of resolving the encounter with the minimal amount of force required to bring the situation under control. 5.1.02 SCOPE This directive applies to all sworn members of APD. 5.1.03 DEFINITIONS Active Harmer: Any incident in which a person(s) is actively engaged in killing or attempting to kill people in a populated area, typically involving the use of a firearm, knife, vehicle, and/or explosive. Authorized Weapons: Weapons approved and issued by Aurora Police Department and for which the sworn member has met the required training and proficiency standards, including firearms, impact weapons, chemical agents, and conducted energy weapon (CEW). Chokehold (PROHIBITED): As defined by C.R.S. § 18-1-707(2.5)(b)(I) and (II), a chokehold is a method by which a person applies sufficient pressure to another person to make breathing difficult or impossible and includes but is not limited to any pressure to the neck, throat, or windpipe that may prevent or hinder breathing or reduce intake of air. “Chokehold” also means applying pressure to a person’s neck on either side of the windpipe but not to the windpipe itself to stop the flow of blood to the brain via the carotid arteries. This includes methods previously referred to as the “Lateral Vascular Neck Restraint (LVNR)” and the “Carotid Control Hold.” Chemical Irritant: Chemical irritants are materials that, upon contact, cause temporary inflammation or irritation to a body’s surface, including eyes, respiratory tract, skin, or mucous membranes. Conducted Energy Weapon (CEW) / Taser: A device designed to disrupt a person’s central nervous system by deploying battery-powered electrical energy sufficient to cause pain, uncontrolled muscle contractions, and override voluntary motor responses. Lethal Force: Force in which the likely outcome is death, regardless of whether death occurs. Page 1 of 10 DM 05.01 - Use of Force Revised: Aug-18-2023 De-Escalation: Taking action or communicating verbally or nonverbally during a potential force encounter in an attempt to stabilize the situation and reduce the immediacy of the threat so that more time, options, and resources can be called upon to resolve the situation without the use of force. Excessive Force: As defined by C.R.S. § 18-8-803(2), excessive force means physical force which exceeds the degree of physical force permitted pursuant to section 18-1-707. This includes force in excess of what is objectively reasonable, given the totality of the circumstances. The use of excessive force shall be presumed when a peace officer continues to apply physical force in excess of the force permitted by section 18-1-707 to a person who is not resisting or has been rendered incapable of resisting arrest. Firearm: As defined by C.R.S. § 18-1-901(3)(h), “Firearm” means any handgun, automatic, revolver, pistol, rifle, shotgun, or other instrument or device capable or intended to be capable of discharging bullets, cartridges, or other explosive charges. Impact Weapons: Devices used for striking a subject with the intent to cause pain, disable or cause temporary motor dysfunction (e.g., expandable, straight baton, etc.). Launchable Impact Munition: Munitions used for impacting a subject with the intent to cause pain, disable or cause temporary motor dysfunction (e.g., 40 mm foam projectile). Less-Lethal Weapon: Weapon used by a sworn member that is not intended to cause death (e.g., CEW/Taser, OC spray, impact weapons, 40mm foam projectiles, etc.). Officer Relief: The replacement of sworn members who have been involved in a physical struggle, fight, and/or violent event with a subject by other arriving sworn members. This would also apply to any situation where a sworn member appears unable to control their emotions or de-escalate the situation on their own. Objectively Reasonable: An objective standard of force viewed from the perspective of a reasonable officer, without the benefit of 20/20 hindsight, and based on the totality of the circumstances presented at the moment force is used. The belief would cause a trained and prudent professional police officer to think or act in a similar manner under substantially similar circumstances. This consideration must account for the fact that officers are often forced to make split-second judgments in circumstances that are tense, uncertain, dynamic, and rapidly evolving. Physical Force: as defined by C.R.S. § 24-31-901(4), physical force is the application of physical techniques or tactics, chemical agents, or weapons to another person.  Exception: The escorting or handcuffing of a person who is compliant does not constitute a use of force. Pointing a Firearm at a Person: When a sworn member intentionally points a firearm in the direction of a person such that if the sworn member were to pull the trigger of the firearm, the likely outcome would be that subject being struck by a bullet. Recovery Position: The placement of a subject’s body in a manner that allows sworn members and medical professionals to assess the general medical condition of the subject, including breathing, bleeding, consciousness and awareness. Sedative: Any medication intended to subdue, sedate, or otherwise chemically incapacitate an individual. Serious Bodily Injury: As defined by C.R.S. § 18-1-901(3)(p), serious bodily injury (SBI) is an injury which, either at the time of the actual injury or at a later time, involves a substantial risk of death, a substantial risk of serious permanent disfigurement, a substantial risk of protracted loss or impairment of the function of any part or organ of the body, or breaks, fractures, or burns of the second or third degree. Page 2 of 10 DM 05.01 - Use of Force Revised: Aug-18-2023 Serious Bodily Injury: As defined by C.R.S. § 18-1-901(3)(p), serious bodily injury (SBI) means bodily injury which that, either at the time of the actual injury or at a later time, involves a substantial risk of death; a substantial risk of serious permanent disfigurement; a substantial risk of protracted loss or impairment of the function of any part or organ of the body; or breaks, fractures, a penetrating knife or penetrating gunshot wound, or burns of the second or third degree. Subject Behaviors and Actions: The following levels of resistance describe general categories of perceived and articulable behaviors and actions exhibited by a subject during an encounter with law enforcement. Compliant: A subject who acknowledges direction or lawful orders given by a sworn member and cooperates and offers no resistance. Passive Resistance: Any behavior or action by the subject that is uncooperative but not forceful or active in any manner. Active Resistance: Any behavior or action by the subject that involves using their strength or force in opposition to a sworn member's lawful efforts. Aggressive Resistance: Any behavior or action by the subject where the likely outcome is to harm, cause pain, or injure a sworn member, another person, or the subject. Assaultive Behavior: Any behavior or action by the subject where the sworn member believes the subject’s intent is to harm, cause pain, or injure a sworn member or another person. Life-Threatening: Any behavior or action by the subject where the sworn member believes the likely outcome is imminent death or serious bodily injury to a sworn member or another person. Totality of the Circumstances: All facts or circumstances known by the sworn member at the time surrounding any event which can influence decision-making or actions taken. Use of Force: Actions where the intent of the sworn member’s application of "physical force" is to overcome the subject’s behavior and gain control of the subject. Use of Force Model: The force options available to the sworn member in response to varying degrees of a subject’s behavior. Warning Shot(s) (PROHIBITED): Warning shots are the discharge of a firearm for the purpose of compelling compliance from an individual or group but not intended to cause physical injury. Weapon: An object, instrument, substance, or device designed or intentionally used under the circumstances for inflicting injury, serious bodily injury, or death. 5.1.04 POLICY The policy of the Aurora Police Department is that sworn members use force in a manner that reflects recognition and awareness of the sanctity of human life while serving the public with professionalism, respect, and courtesy. Appropriate and unbiased use of physical force is essential in building public trust and, therefore, should only be used when other means would be ineffective or are not practical under the circumstances. Sworn members shall employ the minimal amount of force required to overcome the level of resistance or threat encountered and control the situation. Page 3 of 10 DM 05.01 - Use of Force 5.1.05 Revised: Aug-18-2023 CORE PRINCIPLES A policy cannot foresee each use of force decision that sworn members encounter. The objective of any use of force is control of self, subject, and situation. The following core principles are provided to guide sworn members regarding the use of force: Sanctity and Dignity of All Individuals: Sworn members shall make every effort to respect and preserve human life and uphold the value and dignity of all persons at all times. The life, safety, and welfare of all persons are paramount when carrying out the duties of a peace officer. Peaceful Resolutions: Sworn members shall enter every encounter with the intent to resolve each situation peaceably and exhibit patience, flexibility, and professionalism. When practical, sworn members shall apply non-physical means as an alternative to the use of force. Continuous Assessment: Sworn members shall continually assess each situation and alter their response as the situation evolves, as use-of-force situations are tense, uncertain, and rapidly evolving, and factors that justify the use of force may change. De-Escalation: When safe and practical, sworn members shall attempt to influence a situation by taking action or communicating verbally or nonverbally during a potential force encounter in an attempt to reduce tension, stabilize the situation and reduce the immediacy of the threat so that more time, options, and resources can be called upon to resolve the situation without the use of force. Some examples of deescalation tactics and techniques are communication skills (verbal persuasion, speaking calmly, maintaining a calm and composed demeanor, showing empathy, developing rapport, conveying concern, etc.), containment, and tactical disengagement. Verbal Warnings: When practical, sworn members shall communicate to the subject(s) and other sworn members that the use of force is imminent unless doing so would place sworn members at risk of injury or death or would create a risk of death or injury to other persons. Pointing of a Firearm: When a sworn member intentionally points a firearm in the direction of a person such that if the sworn member were to pull the trigger of the firearm, the likely outcome would be that subject being struck by a bullet, it is a seizure under the Fourth Amendment to the United States Constitution. In these circumstances, the sworn member shall be able to articulate a reasonable fear for their or another’s safety and that the pointing of a firearm would be objectively reasonable given the totality of the circumstances. Fair and Unbiased Policing: Sworn members shall carry out their duties in a manner that is fair and unbiased. Discriminatory conduct on the basis of race, religion, color, ethnicity, national origin, age, gender, gender identity, gender expression, sexual orientation, housing status, or disability while performing any law enforcement activity is prohibited. Approved Control Techniques: Sworn members should use department-approved control techniques and tactics. Control techniques and tactics should be employed to obtain maximum effectiveness with the minimum force needed to control the subject. Subject Mental Capacity: To reduce the likelihood of the need to use force, sworn members shall consider factors such as age, drug/alcohol intoxication, mental health, etc., and, when practical, request specialized units for assistance, such as Crisis Response Team (CRT) or Aurora Mental Health Response Team (AMHRT). Page 4 of 10 DM 05.01 - Use of Force Revised: Aug-18-2023 Identification as a Police Officer: Prior to using force, sworn members should identify themselves as police officers unless doing so would place sworn members at risk of injury or death or would create a risk of death or injury to other persons. Accountability: We are responsible for our actions and decisions. We are committed to holding ourselves and each other accountable for misconduct. Immediate Fear of Death or SBI: If a sworn member is in immediate fear of death or serious bodily injury to themselves or another person, and the use of an approved tool is neither reasonably possible nor practical, they may use any and all force options to prevent death or serious bodily injury. 5.1.06 AUTHORIZED USES OF FORCE Per C.R.S. § 18-1-707(1), a peace officer may use physical force only if nonviolent means would be ineffective in: effecting an arrest; preventing an escape, or; preventing an imminent threat of injury to the peace officer or another person. Per C.R.S. § 18-1-707(3), a peace officer is justified in using deadly physical force to make an arrest only when all other means of apprehension are unreasonable given the circumstances and: The arrest is for a felony involving conduct including the use or threatened use of deadly physical force; The suspect poses an immediate threat of death or serious bodily injury to the peace officer or another person; The force employed does not create a substantial risk of injury to other persons. 5.1.07 AUTHORIZED DISCHARGE OF A FIREARM Sworn members are permitted to discharge a firearm when it is lawful, as defined in C.R.S. § 18-1-707(3), and compliant with APD policy, as defined in this directive (DM 05.01 - Use of Force). Per C.R.S. § 18-1-707(4) (4), a peace officer shall identify himself or herself as a peace officer and give a clear verbal warning of his or her intent to use firearms or other deadly physical force, with sufficient time for the warning to be observed, unless to do so would unduly place peace officers at risk of injury or would create a risk of death or injury to other persons. Sworn members shall always handle firearms in a safe manner. When handling and/or discharging a firearm, sworn members shall follow the firearms safety rules to the best of their ability under the relevant circumstances of the event. The firearms safety rules are: 1. All weapons must be treated as if they are always loaded. 2. Never let the muzzle of a weapon point at anything you are not willing to destroy. Page 5 of 10 DM 05.01 - Use of Force Revised: Aug-18-2023 3. Keep your finger off the trigger and out of the trigger guard until the sights are on the target and you are prepared to shoot. 4. Always be certain of the target and beyond. 5.1.08 PROHIBITED USES OF FORCE Use of force prohibitions that are not authorized in any circumstances. 5.1.09 - Per C.R.S. § 18-1-707(2)(a), sworn members shall not use lethal physical force to apprehend a person who is suspected of only a minor or nonviolent offense. - Per C.R.S. § 18-1-707(1.5)(a), sworn members shall not administer a sedative or attempt to influence the medical judgment of a paramedic or other medical professional authorized to decide as to whether the administration of a sedative is appropriate. - Per C.R.S. 24-31-905(1)(b), during a protest or demonstration, sworn members shall not discharge kinetic impact projectiles indiscriminately into a crowd. - Sworn members shall not fire warning shots. - Sworn members shall not use force as retaliation or punishment. - Sworn members shall not use force against subjects who are only verbally confrontational or antagonistic towards them and who do not obstruct, impair, or hinder the performance of a governmental function by a public servant by using or threatening to use violence, force or physical interference or obstacle. RESTRICTED USES OF FORCE Uses of force in the following circumstances are not authorized absent the sworn member being in immediate fear of death or serious bodily injury to themselves or to another, and the use of an approved device, weapon, or technique is not reasonably possible under the circumstances. - Sworn members shall not use a firearm as an impact weapon or as a bludgeoning device. - Per C.R.S. § 18-1-707(2.5)(b)(I) and (II), sworn members shall not use chokeholds. - Sworn members shall not intentionally strike a subject’s head, neck, throat, heart, or spine with an impact weapon. This excludes deliberate strikes with hands, fists, elbows, knees, etc., when otherwise authorized by policy and objectively reasonable, given the circumstances. - Sworn members shall not use any weapon without proper training, certification, and prior departmental authorization; unless an immediate threat exists and the sworn member reasonably believes that death or serious bodily injury will occur unless they use the weapon. - Sworn members shall not discharge a firearm at or from a moving vehicle unless lethal force is being used against a sworn member or another person present by means other than the moving vehicle. The moving vehicle itself shall not presumptively constitute a threat that justifies a sworn member’s use of lethal force. A sworn member who is threatened by an oncoming vehicle shall move out of its path instead of discharging a firearm at it or any of its occupants. The only exception is an active harmer incident where the vehicle is being used as a weapon. Page 6 of 10 DM 05.01 - Use of Force 5.1.10 Revised: Aug-18-2023 - Sworn members shall not intentionally use a flashlight or other department-issued equipment as a bludgeoning object that is not departmentally approved as an impact weapon. Sworn members shall not intentionally use a flashlight or other department-issued equipment as a bludgeoning object that is not departmentally approved as an impact weapon. - Sworn members shall not use force against a subject in handcuffs unless reasonable and articulable justification exists, such as preventing escape, controlling an actively or aggressively resisting subject, preventing injury, or stopping assaultive or life-threatening actions. This restriction does not include escort positions or control holds. - Sworn members shall not use a baton, CEW, or an impact projectile launcher on a woman who is believed to be pregnant unless the subject displays life-threatening behavior. - A sworn member shall not use lethal force against a subject based on the danger that the subject poses to themselves if a sworn member would objectively and reasonably believe the subject does not pose an imminent threat of death or serious bodily injury to the sworn member or another individual. DUTY TO PROVIDE MEDICAL ASSISTANCE Sworn members using any force that results in injury, complaint of injury, or apparent medical distress, shall arrange for reasonable, timely, and appropriate medical treatment. To the extent possible and if safe and practical, the sworn member will personally render medical aid within the scope of departmental training and their skill level until medical professionals arrive. At that time, sworn members will advise medical personnel of the type of force used, the location on the subject, and any other medical conditions. Sworn members will then transition care per APD Directive DM 09.06 - Coordination with Aurora Fire Rescue and Emergency Medical Services. As determined by medical professionals, a subject's medical needs will supersede any criminal investigation or process. Sworn members should advise medical professionals of potential evidence, either on the subject or at the scene, that they should be aware of in an effort for preservation. Sworn members shall attempt to place subjects who are in custody into a recovery position while awaiting medical professionals unless doing so would aggravate the subject’s medical condition; the subject is still resisting (active, aggressive, or assaultive), or placing the subject into the recovery position is not practical or safe. Sworn members will ensure the subject is in a position that does not restrict or compromise the airway. Sworn members should be aware that extended physical confrontations can increase the risks of a medical episode for the subject. Factors such as drug use, extreme agitation, profuse sweating, labored breathing, or significantly elevated heart rate are indicators of increased medical risk. If a non-custodial arrest of a subject takes place, and the subject refuses medical attention or walks away from the incident, the sworn member shall document the subject’s response to the offer for medical attention and the actions of the subject. 5.1.11 DUTY TO INTERVENE Per C.R.S. § 18-8-802, on-duty sworn members are obligated to intervene in a use of force incident where they perceive a level of force being used by another sworn member exceeds what is legally justifiable under C.R.S. § 18-1-707. Page 7 of 10 DM 05.01 - Use of Force Revised: Aug-18-2023 Any sworn member who perceives or reasonably should have perceived another sworn member’s use of force exceeds the degree of force that is objectively reasonable shall, when in a position to do so, safely and immediately intervene to discontinue the use of force without regard for the chain of command. The action required by the sworn member will depend upon the circumstances of the incident. Appropriate action includes, but is not limited to: 5.1.12 - Verbal or physical intervention. - Immediate notification to a supervisor. - Complete 18-8-802 UOF Report OFFICER RELIEF The first arriving sworn member who is not immediately needed in a role to the control subject(s) or the safety of the scene shall relieve. This "Officer Relief" should only occur after the subject is in custody/detained or under control. Sworn members are required to accept, without question (regardless of rank or tenure), the intervention of another sworn member unless it is not safe or practical. The goal of the officer-relief protocol is to assist in de-escalating the situation, preventing the potential for excessive force, allowing time for decompression, time to assess any injuries to sworn members and/or the subject, and the ability to provide information to the supervisor(s). Sworn members that are making the physical arrest may be advised to step aside and allow other sworn members to take over the hands-on portion of the arrest. Once the situation is under control, an on-scene supervisor can determine who should continue with the arrest process of the subject. 5.1.13 ADDITIONAL CONSIDERATIONS There are some instances where members will need to use physical force on subjects who are not intentionally uncooperative, assaultive, or have criminal culpability. These non-criminal events involving the use of physical force can include subjects with: - Developmental disabilities - Behavioral health disabilities - Medical conditions - Drug interactions - Emotional health crisis - Language barriers Any of these instances can affect the behavior of a subject and their ability to understand, communicate, and cooperate. While still recognizing that subjects experiencing any of the above can pose a real threat to sworn members and others, sworn members are expected to continually assess these situations, employ deescalation tactics and techniques, and seek a resolution that minimizes or eliminates the necessity for physical force. Page 8 of 10 DM 05.01 - Use of Force Revised: Aug-18-2023 When force must be used, general guidance is that the likely outcome of such use of force should improve the situation and the safety of the subject and the public. This can include the measured use of force upon a person who is only threatening his/her own safety. However, the use of lethal physical force is prohibited and shall not be used in this circumstance. When these situations are resolved, the priority should be the welfare of the subject and not the pursuance of criminal charges. 5.1.14 CHILDREN AND YOUTH Sworn members will, when practical, recognize and employ developmentally appropriate tactics, including, but not limited to, using a calm and natural demeanor and avoiding threatening language. Sworn members may need to account for any fear-based reactions children and youth may experience during an encounter. In circumstances where force against a child or young person is required, sworn members shall take into account personalized factors of the child or young person, including apparent age, body size, and relative strength of the sworn member relative to the child or young person; and risk posed by the child or young person. In the case of injury resulting from a use of force, in addition to the requirements to render aid, summon medical care and notify a supervisor, the sworn member will notify the child or young person’s parent, guardian, or another responsible adult. 5.1.15 DOMESTIC ANIMALS Sworn members will complete the POST-required training related to the Dog Protection Act C.R.S. § 29-5112(4) in an effort to limit the use of lethal force against a canine. Colorado State law requires officers to, whenever practical, seek alternative methods prior to using lethal force on canines. Sworn members should allow the canine owner or an Animal Protection Officer, if present and it is practical, the opportunity to control or remove the canine from the immediate area in order to allow the sworn member to discharge their duties (C.R.S. § 29-5-112). If it is not practical to allow the canine owner or Animal Protection Officer to secure a vicious dog, and the safety of sworn members or others is compromised, a sworn member should use alternative methods other than lethal force to stop or ward off an attack if possible. Sworn members should assess the situation to determine a need to enter the area containing the canine and if alternative methods would be timely and effective. Alternative methods can include: - An owner or person familiar with the canine or an Animal Protection Officer to control or remove the canine from the area. - Use of treats to calm and distract the canine. - Use of items to block or restrain the canine from lunging at the sworn member. - Use of less lethal weapons, OC Spray, or CEW. Page 9 of 10 DM 05.01 - Use of Force Revised: Aug-18-2023 For all other domestic or farm animals, the sworn member should attempt to locate and contact the owner to take control of the animal or contact Aurora Animal Services whenever practical before using force to destroy the animal. Sworn members shall follow the requirements set forth in DM 05.05 -Reporting and Investigating Use of Force regarding notification to supervisors and reporting requirements. Page 10 of 10