Aurora Police Department Use of Force Model PDF

AURORA POLICE DEPARTMENT DIRECTIVES MANUAL 05.02 USE OF FORCE MODEL 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 Authorit...

AURORA POLICE DEPARTMENT DIRECTIVES MANUAL 05.02 USE OF FORCE MODEL 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) 5.2.01 PURPOSE The purpose of this directive is to provide and describe the Aurora Police Department (APD) Use of Force Model. 5.2.02 SCOPE This directive applies to all sworn members of APD. 5.2.03 DEFINITIONS All definitions from DM 05.01 - Use of Force apply to this directive. 5.2.04 POLICY 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 to 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. Sworn members are often forced to make split-second decisions in tense, uncertain, and rapidly evolving circumstances. In some instances, sworn members may encounter a subject who is presently exhibiting assaultive or life-threatening behavior that requires immediate attention to ensure the safety of the public and sworn members. Therefore, sworn members are not required to follow a prescribed sequence of escalation within the APD Use of Force Model. When sworn members are confronted with a decision to use force, they must choose a degree of force that is objectively reasonable to overcome the level of resistance or threat encountered and control the situation. Depending on the subject's behavior and actions, more than one level of force may be required to gain control of a subject. 5.2.05 SUBJECT BEHAVIORS AND ACTIONS In order to respond effectively, it is imperative that sworn members understand that there are many reasons why a subject may resist passively, actively, or aggressively or exhibit assaultive or life-threatening behaviors. A subject may be non-compliant for a variety of reasons and have no criminal intent (e.g., cognitive impairment, language barrier, medical condition, etc.). Page 1 of 3 DM 05.02 - Use of Force Model Revised: Aug-18-2023 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 (this includes fleeing and barricading). 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. 5.2.06 LEVELS OF FORCE USED BY A SWORN MEMBER Sworn members who use force shall do so in an objectively reasonable manner, base their use of force on the totality of the circumstance they face, and use force with the intent of controlling the subject and the situation using the minimum amount of force required to accomplish a lawful objective. The following are broad categories of influence and force used by sworn members in escalating stages: When force is objectively reasonable, sworn members shall make reasonable efforts to employ the minimal amount of force required to overcome the level of resistance or threat encountered and control the situation. Control: Attempts to influence a subject’s behavior or actions taken to restrain a subject safely without the need to overcome resistance. The escorting or handcuffing of a person who is compliant does not constitute a use of force. Low-Level Force: Actions taken to control a subject that are neither likely nor intended to cause injury. Intermediate Force: Actions taken to control a subject that is likely to cause pain, injury, or serious bodily injury to the subject. Lethal Force: Actions taken in which the likely outcome is death, regardless of whether death occurs. 5.2.07 USE OF FORCE MODEL VISUAL AID The following visual aid is a general guide that provides sworn members with a range of options that correlates subject behaviors and actions to appropriate levels of force used by sworn members when confronted with a decision to use force. Page 2 of 3 DM 05.02 - Use of Force Model Revised: Aug-18-2023 Page 3 of 3