Denver Police Department Use of Force Policy PDF

OPERATIONS MANUAL D E N V E R P O L I C E D E P A R T M E N T 105.00 FORCE RELATED POLICIES REVISED: 5/23/2024...

OPERATIONS MANUAL D E N V E R P O L I C E D E P A R T M E N T 105.00 FORCE RELATED POLICIES REVISED: 5/23/2024 PAGE: 1 OF 11 105.01 USE OF FORCE POLICY (1) PURPOSE: The Denver Police Department’s objective is to deliver high quality public safety services. The department recognizes the value and sanctity of all human life and is committed to respecting and protecting the dignity, safety, and civil rights of community members, including the right to be free from inappropriate force. Officers may, at times, be required to make forcible arrests, defend themselves or others, and overcome resistance. The department’s goal for the protection of both officers and the community is that officers use non-force alternatives, including de-escalation, before resorting to the use of physical force, when time and circumstances permit. Officers may only use physical force if non-force alternatives would be ineffective in effecting a detention for any lawful purpose, an arrest, preventing an imminent threat or serious bodily injury or death to the officer or another person. When needed, officers must use only the amount of force that is reasonable and necessary under the totality of the circumstances to safely accomplish a lawful purpose. The use of force, especially force likely to result in serious bodily injury or death, is a serious action. When deciding whether to use force, and in the application of force, officers will utilize the decision- making model and department policy. The authority to use force is an extraordinary power that must never be misused or abused. Except for certain definitions, this policy does not reference specific laws, and instead details force parameters authorized by the Denver Police Department in compliance with such legal requirements. (2) DEFINITIONS: Decision Making Model: Department personnel are guided by the DPD Decision Making Model referenced in OMS 101.01 and must ensure that nonviolent means shall be applied, when possible, before resulting to the use of physical force, and any force used is reasonable and necessary under the totality of the circumstances. The following definitions apply specifically to the use of force policy, see OMS 101.01 for a full description: Authority: The legal authority or mandate to act. Reasonable: Actions should be generally consistent with what a trained officer would do under similar circumstances, including using only a degree of force consistent with the minimization of injury to others. Necessary: Force may only be used if non-force alternatives would be ineffective in effecting a detention for any lawful purpose, an arrest, preventing an escape or preventing an imminent threat of serious bodily injury or death to an officer or another person. The intended action must be required based on the circumstances and will only consist of the amount of force needed to safely accomplish a lawful purpose. De-Escalation: Actions or verbal/non-verbal communication during a potential force encounter used to stabilize the situation and/or reduce the immediacy of the threat, so that more time, options, and resources are available for resolution without the use of force or with a reduced type of force, or reducing or ending a use of force after a resistance or threat has ceased or diminished. When possible, de-escalation must be used before resorting to the use of physical force. Force: The Denver Police Department’s standard requires that officers must use only the amount of O P E R A T I O N S M A N U A L D E N V E R P O L I C E D E P A R T M E N T 105.00 FORCE RELATED POLICIES PAGE: 2 OF 11 force reasonable and necessary under the totality of the circumstances to safely accomplish a lawful purpose. Reasonable and necessary force is an objective standard, viewed from the perspective of a reasonable officer on the scene, without the benefit of hindsight. Force means the application of physical techniques or tactics, chemical agents or weapons to another person. Hand Control: Low-level control holds (arm control, arm bar, come-along, elbow control, goosenecks, and shoulder/twist/wrist locks), pressure-point control tactics, and other types of holds intended to physically control the movement of an individual with minimal pain and/or injury, or when attempting to gain compliance with targeted pressure or joint manipulation. Immediate Danger: A situation in which an individual is taking direct action to cause death or serious bodily injury to an officer or third person. Imminent Threat: When an individual has the means and ability to cause death or serious bodily injury to an officer or third party at any given moment. Imminent threat is ready to take place, impending, likely to happen or at the point of happening. Inappropriate Force: Any force that is not reasonable and necessary under the totality of the circumstances. Lethal Force: The application of force by firearm or any other means reasonably likely to result in death under the totality of the circumstances, regardless of whether that force resulted in death. Non-Force Alternatives: Physical actions or maneuvers that are designed to increase the likelihood of safely handling a potential use of force situation while attempting to reduce the need for force or the amount of force necessary. This may include: Command presence Advisements Warnings Verbal persuasion and commands Time, distance, and cover (withdrawing to a position more tactically secure or which allows greater distance to consider or deploy a greater variety of force options) Patrol Dog: A canine that is trained and utilized to locate criminal subjects and apprehend if necessary. Serious Bodily Injury: Bodily injury 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 (to include breaks or fractures of hard tissue such as bone, teeth, or cartilage), a penetrating knife or penetrating gunshot wound, or burns of the second or third degree. Totality of the Circumstances: All of the facts and circumstances an officer knew, or reasonably should have known, without mere conjecture or speculation, at the time of the use of force, based upon a continual assessment of the situation, however rapid. This includes, but is not limited to, the seriousness of the threat of injury posed to the officer or other persons, the seriousness of the crime in question, and the officer’s use of de-escalation techniques, when possible, and/or the use of other non-force alternatives, all viewed from the perspective of a reasonable officer. (3) TYPES OF RESISTANCE: The following types of resistance represent ways in which an individual indicates unwillingness to comply with an officer’s orders, physically obstructs an officer’s attempt to gain compliance, or physically attacks an officer or others: The authorized force response to the behavior(s) and/or resistance(s) listed below are illustrated on the Resistance and Response Chart. a. Psychological Intimidation: Non-verbal cues in attitude, appearance, demeanor, or posture that indicate an unwillingness to cooperate, comply, or threaten an officer or other person. b. Verbal Non-Compliance: Verbal responses indicating an unwillingness to comply with an officer’s O P E R A T I O N S M A N U A L D E N V E R P O L I C E D E P A R T M E N T 105.00 FORCE RELATED POLICIES PAGE: 3 OF 11 directions or threaten to injure a person without the present ability to carry out the threat. c. Passive Resistance: Physical actions that do not prevent an officer’s attempt to exercise control of a person or place them in custody. For example, a person who remains in a limp or prone position. NOTE: Verbal Non-Compliance and Passive Resistance usually do not involve conduct sufficient to support criminal charges related to resistance. Charging DRMC 38-31 Interference with police authority (a) and/or (c) may be appropriate, depending on the circumstances. d. Defensive Resistance: Physical actions that attempt to prevent an officer’s control, including flight or attempt to flee but do not involve attempts to harm the officer (includes “turtling,” which involves a pronated individual pulling his or her arms and/or legs to their chest to prevent access and control by an officer). e. Active Aggression: An overt act or threat of an assault, coupled with the present ability to carry out the action, which reasonably indicates that an assault or injury to a person is likely. f. Aggravated Active Aggression: Lethal force encounter. (4) FORCE GUIDING PRINCIPLES: a. Guidelines: 1. Officers may be required to decisively intervene and/or use force. 2. Officers will avoid demeanor and/or deliberate actions that precipitate the use of force. This includes tactical or strategic actions that intentionally jeopardize safety and/or hinder successful incident resolution. 3. There are many reasons an individual may be unresponsive or resisting an arrest. It is possible that the individual’s mental state may prevent him/her from comprehending the gravity of the situation, or he/she may not understand an officer’s commands or actions, and it may not be a deliberate attempt to resist. If circumstances permit, officers should consider reasons why an individual is unresponsive and attempt to utilize tactics appropriate for a safe resolution. A person’s reasoning ability may be dramatically affected by several factors, including but not limited to: Medical condition and/or mental impairment Developmental disability and/or physical limitation Language barrier Drug/alcohol interaction and/or emotional crisis b. Considerations: 1. An officer’s conduct or actions may influence the amount of force necessary in each situation. 2. Prior to using force and when reasonably possible, officers will: Identify themselves as a police officer; Attempt to de-escalate; Give lawful commands; Afford the person a reasonable opportunity to comply, and; Apply non-force alternatives, when possible, before resorting to the use of force. Utilizing these concepts and tactics can help officers maintain greater safety for themselves and others. For the purpose of this section, “reasonably possible” means that these actions must be taken prior to the use of force, unless to do so would unduly place any officer or individual at risk of injury or would create a risk of death or injury to other O P E R A T I O N S M A N U A L D E N V E R P O L I C E D E P A R T M E N T 105.00 FORCE RELATED POLICIES PAGE: 4 OF 11 persons. 3. When situations occur that involve an elevated risk of physical resistance or danger to officers, when time and circumstance permit, supervisors will respond to assist with successfully and safely resolving them. 4. Force, or the threat of force, will not be used as a means of retaliation, punishment, or unlawful coercion. 5. Unnecessarily or prematurely drawing or exhibiting a firearm limits an officer’s alternatives in controlling a situation, can create anxiety for the community, and may result in an accidental discharge of the firearm. An officer’s decision to draw or exhibit a firearm will be based on the tactical situation and the officer’s reasonable belief there are indicators of a substantial risk that the situation may escalate to the point where lethal force may be necessary. When an officer has determined that the use of lethal force is not necessary, the officer will, as soon as practicable, holster his/her handgun or safely stow a long weapon. 6. Whenever an officer who is not CIT trained believes through his/her observations or otherwise that a person with whom the officer is dealing with may be mentally ill, developmentally disabled, or emotionally disturbed, the officer will, if circumstances reasonably permit, use non-force alternatives and request that a CIT officer respond to the scene. c. Inappropriate Force: The community expects, and the Denver Police Department requires, that force may only be used if non-force alternatives would be ineffective, and such force is reasonable and necessary under the totality of the circumstances. 1. Force that is not reasonable and necessary under the totality of the circumstances, including when non-force alternatives for compliance/arrest were possible and available to the officer but were not used prior to the use of force, will be deemed inappropriate force and officers can be subject to, at a minimum, discipline for violation of any applicable department policies, rules and regulations, and/or law violation. 2. Duty to report: a. An officer who witnesses inappropriate force by other law enforcement officers will report it immediately to a supervisory or command officer higher-ranking than the involved officer both verbally and through DPD 12v. b. An officer who witnesses another law enforcement officer compel, direct, or unduly influence an emergency medical service (EMS) provider to administer a chemical restraint (e.g., ketamine) upon any individual will report it immediately to a supervisory or command officer higher-ranking than the involved officer both verbally and through DPD 12v. c. Failure to report inappropriate force is a violation of this Use of Force Policy and a violation of state law – CRS §18-8-802. 3. Duty to intervene: Officers will intervene, without regard for chain of command, whenever they witness another officer use inappropriate force; compel, direct, or unduly influence an emergency medical service (EMS) provider to administer a chemical restraint (e.g., ketamine) upon any individual; and/or otherwise witness the mistreatment of arrestees, suspects, or other persons. Any officer who intervenes in the use of force or restraint that exceeds the degree of force or restraint permitted, if any, under Colorado law or department policy, O P E R A T I O N S M A N U A L D E N V E R P O L I C E D E P A R T M E N T 105.00 FORCE RELATED POLICIES PAGE: 5 OF 11 will not be disciplined or retaliated against for intervening or reporting inappropriate force or any other inappropriate conduct - including the failure to follow what the officer reasonably believes is an unconstitutional directive. a. Any officer who intervenes in what they believe to be any use of force or restraint that exceeds the degree of force or restraint permitted under Colorado law or this policy, or who witnesses such physical force or restraint happening so quickly there is no time to intervene, will: 1. Report the intervention and/or what they believe to be inappropriate force or restraint immediately to his or her immediate supervisor. If the officer intervened in or witnessed inappropriate force used by his or her immediate supervisor, the officer will immediately report such the intervention and/or inappropriate force to a higher-level command officer; and 2. Complete a written report regarding the intervention and/or inappropriate force or restraint that includes: the date, time, and place of the incident; the identity, if known, and description of the participants; and a description of any intervention actions taken or, if none were taken, the reason why they were not. The report must be completed on form DPD 12v by the end of the officer’s shift. b. Any officer who intervenes in and/or reports inappropriate conduct - such as inappropriate force - will not be disciplined or retaliated against - in any way - including if the officer fails to follow what the officer reasonably believes is an unconstitutional directive. c. Any officer who is found to have failed to intervene in the use of inappropriate force or conduct which results in serious bodily injury or death to any person, will be subject to discipline, up to and including termination. 4. Notification and consultation with Internal Affairs Unit will occur when: Supervisors investigate a use of force incident with an indication of inappropriate force Other officers may have failed to intervene in the use of inappropriate force An officer reports an allegation of inappropriate force (5) FACTORS TO CONSIDER IN DETERMINING WHETHER TO USE FORCE AND ITS APPLICATION: Force may only be used if non-force alternatives would be ineffective in effecting a detention for any lawful purpose, an arrest, preventing an escape, preventing an imminent threat of serious bodily injury or death to the officer or another person. a. Factors to consider include, but are not limited to: 1. The opportunity to avoid (or reduce) the use of force necessary by attempting to safely use de-escalation techniques, the decision-making model, and/or non-force alternatives. 2. The severity of the crime under investigation. 3. Whether the individual poses a threat to the safety of officer(s) or others. 4. Whether the individual is actively resisting arrest or attempting to evade arrest by flight. 5. Whether the individual has the means or capability to cause injury or death to an officer or another. This may include, but is not limited to, the individual’s physical ability, size, age, strength, level of aggression, and any weapons in their immediate control. 6. The proximity of weapons. 7. Environmental factors. O P E R A T I O N S M A N U A L D E N V E R P O L I C E D E P A R T M E N T 105.00 FORCE RELATED POLICIES PAGE: 6 OF 11 8. Presence of persons who are likely to interfere. 9. Availability of cover officers/additional resources. 10. Individual’s demonstrated mental state. 11. Whether a person is unresponsive and the reasons for that unresponsiveness. 12. The availability of non-force alternatives to avoid using force or to reduce the force necessary. b. This policy does not require that an officer attempt to select or exhaust each option before moving to another type of force but the officer should use only a degree of force consistent with the minimization of injury to the individual and must apply non-force alternatives, when possible, before resorting to using force. c. It is the expectation of this department that when an individual is under control, either through the application of physical restraint or the individual’s compliance, only the amount of force necessary to maintain control, if any, will be used. d. Force/Control Options: (See Resistance and Response Chart) 1. 40 mm Launcher 2. Baton / Impact tools (strikes) 3. TASER Energy Weapon 4. Chemical Munitions (aerosol and gas munitions) 5. Command Presence 6. Hand Control 7. Lethal Force 8. Baton (arrest control / pain compliance) 9. Patrol Dog 10. PepperBall® System 11. Personal Body Weapons (hands, knees, elbows, feet) 12. RIPP™ Restraint System 13. Noise Flash Diversionary Device (NFDD) 14. Takedowns 15. Voice e. Breathing impairment: 1. Officers will not, under any circumstance: Use any method to apply sufficient pressure to a person in any manner that intentionally makes breathing difficult or impossible. This includes, but is not limited to: Applying direct pressure to an individual’s trachea or airway with the intention to reduce the intake of air, OR Applying direct pressure to an individual’s neck with the intention to restrict or slow the blood flow within the carotid arteries (carotid compression technique). 2. When body weight is used in an attempt to control an individual who is resisting, it may not be used in a manner that intentionally interferes with the person’s breathing and officers will immediately cease applying body weight to an individual’s back, head, neck, or abdomen once the individual is restrained and other control tactics may reasonably be utilized other than body weight. 3. As soon as possible after an individual has been handcuffed, the individual should be turned onto his/her side or allowed to sit up, so long as the individual’s actions no longer O P E R A T I O N S M A N U A L D E N V E R P O L I C E D E P A R T M E N T 105.00 FORCE RELATED POLICIES PAGE: 7 OF 11 place officers at risk of imminent injury. Officers will make all reasonable efforts to ensure that the individual is not left in a prone position for longer than absolutely necessary to gain control over the resisting individual. f. Deadly weapons: When confronted by an individual armed with a deadly weapon, including edged weapons, an officer will consider the totality of the circumstances, including: 1. The individual’s ability to carry out an immediate attack. 2. The speed at which the incident/situation is evolving. 3. The availability of force options that may be reasonable and necessary. 4. When reasonable for the safety of officers and other persons in the vicinity, the use of non-force alternatives. (6) FORCE AND CONTROL OPTIONS – SEE OMS 105.02. (7) LETHAL FORCE – CRS §18-1-707 (2) & (3): a. Officers may use lethal force only when all other means of apprehension are unreasonable given the totality of 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 to the officer or another person; and The force employed does not create a substantial risk of injury to other persons. b. The use of lethal force is considered to be reasonable and necessary under the totality of the circumstances for the purpose of this policy if the officer has an objectively reasonable belief that a lesser degree of force is inadequate and has objectively reasonable grounds to believe, and does believe that s/he or another person is in imminent danger of being killed or receiving serious bodily injury. 1. Before using lethal force, officers will identify themselves as a police officer and give a clear verbal warning of his or her intent to shoot or use lethal force, with sufficient time for the warning to be observed, unless to do so would unduly place the officer or others at risk of serious bodily injury or death. 2. The use of lethal force against a person who presents a danger only to themselves is prohibited. 3. The use of lethal force to apprehend an individual who is only suspected of a minor or nonviolent crime is prohibited. (8) DISCHARGE OF FIREARMS: a. When authorized: The discharge of firearms must comply with applicable policies and procedures. A Denver police officer may engage in the lawful use of firearms under the following conditions: 1. In lethal force situations in strict compliance with circumstances described in section 105.01 (7). 2. In accordance with OMS 104.21, to kill a dangerous animal or one that humane treatment requires its removal from further suffering and alternative methods of disposition are impractical. A homicide detective must be called out if an officer kills an animal under such circumstances. 3. To participate in authorized training. 4. To participate in any authorized competition or legitimate sporting activity. b. Prohibited discharge: O P E R A T I O N S M A N U A L D E N V E R P O L I C E D E P A R T M E N T 105.00 FORCE RELATED POLICIES PAGE: 8 OF 11 Officers will not discharge firearms under the following conditions: 1. At another person, unless the circumstances are in compliance with OMS 105.01 (7). 2. Against persons who present a danger only to themselves. 3. Where there is likelihood of serious injury to persons other than the person to be apprehended. 4. As a warning or to command the attention of an individual(s). 5. Solely to protect property. 6. At a moving vehicle, except as permitted in OMS 105.01 (9). (9) MOVING VEHICLES: a. Officers will exercise good judgment and not move into or remain in the path of a moving vehicle. Being in the path of a moving vehicle will not be the sole reason for discharging a firearm at the vehicle or any occupant. An officer in the path of a vehicle will attempt to move to a position of safety rather than discharging a firearm at the vehicle or any occupant(s). b. Occupant(s): Firearms will not be discharged at anyone in a moving or fleeing vehicle unless lethal force is being used by that person against a police officer or any other person present by means other than the moving vehicle. c. Vehicles: Firearms will not be discharged at a moving vehicle for the following reasons: 1. It may have very little effect on stopping the vehicle. 2. Inadvertently disabling the driver may result in an uncontrolled vehicle, and the likelihood of injury to occupants of the vehicle and/or bystanders may be increased when the vehicle is either out of control or shots are fired into the passenger compartment. d. Vehicle Ramming Attack: Firing at the driver of a moving vehicle or the moving vehicle itself when there is an apparent intent to inflict mass casualties may be reasonable and necessary. (10) STOPPED / STATIONARY HIGH-RISK VEHICLE CONTACTS: When reasonably possible, officers will use high-risk vehicle tactics after a pursuit or other high-risk vehicle stop or contact, and in such circumstances, are discouraged from immediately approaching a stopped/stationary vehicle. When circumstances permit, officers will use tactical control options to safely resolve the situation. (11) RESPONSIBILITY TO PROVIDE MEDICAL ATTENTION: a. Officers are required to provide medical attention as soon as practicable per OMS 116.06. b. Officers may not use physical force solely to stop a person from swallowing a substance or to retrieve evidence from the person’s mouth. See OMS 116.06 (3). c. Officers will not compel, direct, or unduly influence an emergency medical service (EMS) provider to administer a chemical restraint (e.g., ketamine) upon any individual. The decision to administer a chemical restraint rests entirely upon an emergency medical service provider and officers will not unduly influence an EMS provider’s medical decision or diagnosis, except that an officer may provide critical medical information or any other pertinent information about the individual or the scene that may assist the EMS provider’s assessment. d. In-custody persons - general: 1. Upon taking an individual into custody, arresting officers have the duty to exercise reasonable care for the arrestee’s health and safety. 2. Officers will advise responding medical personnel and personnel taking custody or having O P E R A T I O N S M A N U A L D E N V E R P O L I C E D E P A R T M E N T 105.00 FORCE RELATED POLICIES PAGE: 9 OF 11 oversight of an arrestee/detainee, including at district stations, of: Any observations that indicate the individual is possibly under the influence of alcohol, controlled substance(s), medical or emotional duress, or suicidal. When the arrestee/detainee has been subjected to application of a less lethal weapon. 3. Officers will advise personnel taking custody or having oversight of an arrestee/detainee, including at district stations, when medical personnel have evaluated the arrestee/detainee. 4. Arrestees suffering from any illness, injury, or other condition that requires medical attention, including the ingestion of narcotics or other harmful substances, will be evaluated by medical personnel. It is the policy of the Denver Sheriff Department to refuse custody of injured individuals, unless accompanied by reports indicating that they have been examined, treated, or have refused to submit to examination (or treatment) by medical personnel. Officers will notify detention personnel of the nature of force used when transferring custody of arrestees. e. Persons injured or claiming injury resulting from contact with a police officer: 1. The involved officer will visually examine the person displaying or claiming injury, request medical attention, and immediately notify a supervisor whenever: Injury results from force used by department personnel; or He/she is in contact with a person with obvious or alleged injuries who may claim they resulted from the contact with the officer; or A person is subjected to a chemical agent, impact techniques, use of a TASER Energy Weapon, PepperBall® system, or 40 mm launcher, or when restrained with a RIPPTM leg restraint. 2. Medical treatment at the scene is deemed the most appropriate response, though safety concerns may necessitate moving the individual to another location before treatment can occur. Medical personnel will determine whether further treatment is required. 3. Only medical personnel will be allowed to remove probes from individuals shot with a TASER Energy Weapon. (12) DEATH, INJURY WHERE DEATH IS LIKELY, OR SERIOUS BODILY INJURY FOLLOWING THE APPLICATION OF FORCE: Should an individual die, or suffer injury where death is likely, after a use of force or while in-custody of Denver police officers, the Major Crimes Bureau, the Internal Affairs Unit, and other department entities will be notified per policy, and the scene will be processed as an in-custody death investigation – see OMS 301.14 (8). a. When serious bodily injury occurs, the supervisor investigating the use of force will notify the Internal Affairs Unit. b. The Crisis Services Bureau will be notified and offer assistance. c. The department will ensure that any identified relatives or next of kin of any individual who has sustained serious bodily injury or death be notified as soon as practicable. (13) USE OF FORCE REVIEW: The Internal Affairs Unit reviews all use of force reports with the exception of cases examined by the Use of Force Review Board. Depending on the type of force employed or injuries sustained, a use of force incident may be subject to review by the Use of Force Review Board, the Tactics Review Board, the District Attorney’s Office, or other independent agencies as required by policy. O P E R A T I O N S M A N U A L D E N V E R P O L I C E D E P A R T M E N T 105.00 FORCE RELATED POLICIES PAGE: 10 OF 11 (14) RESISTANCE AND RESPONSE CHART – SEE NEXT PAGE. O P E R A T I O N S M A N U A L D E N V E R P O L I C E D E P A R T M E N T 105.00 FORCE RELATED POLICIES PAGE: 11 OF 11