What a fucking liar. I apologize in advance if this post turns out to be too long, but I just have to share this. Some people, masquerading as saviors under the moniker Anonymous, took down the Minneapolis city government website and the police department website immediately after the incident. I don't know if this is still there. Probably not, considering they are NOW saying that they did not authorize that type of restraint.
Here is Section 5-300 - Use Of Force
Subsections 5-301 to 5-311
Pay very close attention to 5-311.
5-300 Use of Force
5-301 PURPOSE (10/16/02) (08/17/07) (07/28/16)
A. Sanctity of life and the protection of the public shall be the cornerstones of the MPD’s use of force policy.
B. The purpose of this chapter is to provide all sworn MPD employees with clear and consistent policies and procedures regarding the use of force while engaged in the discharge of their official duties. (Note: MPD Training Unit Lesson Plans – Use of Force, are used as a reference throughout this chapter.)
5-301.01 POLICY (10/16/02) (08/17/07)
Based on the Fourth Amendment’s “reasonableness” standard, sworn MPD employees shall only use the amount of force that is objectively reasonable in light of the facts and circumstances known to that employee at the time force is used. The force used shall be consistent with current MPD training.
5-301.02 STATE REQUIREMENTS (10/11/02)
The MPD shall comply with Minn. Stat. §626.8452 to establish and enforce a written policy governing the use of force, including deadly force and state-mandated pre-service and in-service training in the use of force for all sworn MPD employees.(08/17/07)
5-302 USE OF FORCE DEFINITIONS (10/16/02) (10/01/10)
Active Aggression: Behavior initiated by a subject that may or may not be in response to police efforts to bring the person into custody or control. A subject engages in active aggression when presenting behaviors that constitute an assault or the circumstances reasonably indicate that an assault or injury to any person is likely to occur at any moment. (10/01/10) (04/16/12)
Active Resistance: A response to police efforts to bring a person into custody or control for detainment or arrest. A subject engages in active resistance when engaging in physical actions (or verbal behavior reflecting an intention) to make it more difficult for officers to achieve actual physical control. (10/01/10) (04/16/12)
Deadly Force: Minn. Stat. §609.066 states that: “Force which the actor uses with the purpose of causing, or which the actor should reasonably know creates a substantial risk of causing death or great bodily harm. The intentional discharge of a firearm other than a firearm loaded with less-lethal munitions and used by a peace officer within the scope of official duties, in the direction of another person, or at a vehicle in which another person is believed to be, constitutes deadly force.” (10/01/10)
Flight: Is an effort by the subject to avoid arrest or capture by fleeing without the aid of a motor vehicle. (10/01/10)
Great Bodily Harm: Bodily injury which creates a high probability of death, or which causes serious permanent disfigurement, or which causes a permanent or protracted loss or impairment of the function of any bodily member or organ, or other serious bodily harm.
Non-Deadly Force: Force that does not have the reasonable likelihood of causing or creating a substantial risk of death or great bodily harm. This includes, but is not limited to, physically subduing, controlling, capturing, restraining or physically managing any person. It also includes the actual use of any less-lethal and non-lethal weapons. (08/17/07)
Objectively Reasonable Force: The amount and type of force that would be considered rational and logical to an “objective” officer on the scene, supported by facts and circumstances known to an officer at the time force was used. (08/17/07)
Passive Resistance: A response to police efforts to bring a person into custody or control for detainment or arrest. This is behavior initiated by a subject, when the subject does not comply with verbal or physical control efforts, yet the subject does not attempt to defeat an officer’s control efforts. (10/01/10) (04/16/12)
Use of Force: Any intentional police contact involving: (08/17/07) (10/01/10)
The use of any weapon, substance, vehicle, equipment, tool, device or animal that inflicts pain or produces injury to another; or
Any physical strike to any part of the body of another;
Any physical contact with a person that inflicts pain or produces injury to another; or
Any restraint of the physical movement of another that is applied in a manner or under circumstances likely to produce injury.
5-303 AUTHORIZED USE OF FORCE (10/16/02) (08/17/07)
Minn. Stat. §609.06 subd. 1 states, “When authorized…except as otherwise provided in subdivision 2, reasonable force may be used upon or toward the person of another without the other’s consent when the following circumstances exist or the actor reasonably believes them to exist:
When used by a public officer or one assisting a public officer under the public officer’s direction:
In effecting a lawful arrest; or
In the execution of legal process; or
In enforcing an order of the court; or
In executing any other duty imposed upon the public officer by law.”
In addition to Minn. Stat. §609.06 sub. 1, MPD policies shall utilize the United States Supreme Court decision in Graham vs Connor as a guideline for reasonable force.
The Graham vs Connor case references that:
“Because the test of reasonableness under the Fourth Amendment is not capable of precise definition or mechanical application, its proper application requires careful attention to the facts and circumstances of each particular case, including:
The severity of the crime at issue,
Whether the suspect poses an immediate threat to the safety of the officers or others, and;
Whether he is actively resisting arrest or attempting to evade arrest by flight.
The "reasonableness" of a particular use of force must be judged from the perspective of the reasonable officer on the scene, rather than with the 20/20 vision of hindsight.
The calculus of reasonableness must embody allowance for the fact that police officers are often forced to make split-second judgments - in circumstances that are tense, uncertain, and rapidly evolving - about the amount of force that is necessary in a particular situation.”
Authorized use of force requires careful attention to the facts and circumstances of each case. Sworn MPD employees shall write a detailed, comprehensive report for each instance in which force was used.
5-303.01 DUTY TO INTERVENE (07/28/16)
(A-D)
A. Sworn employees have an obligation to protect the public and other employees.
B. It shall be the duty of every sworn employee present at any scene where physical force is being applied to either stop or attempt to stop another sworn employee when force is being inappropriately applied or is no longer required.
5-304 THREATENING THE USE OF FORCE AND DE-ESCALATION (10/16/02) (06/01/12) (07/28/16)
(A-D)
A. Threatening the Use of Force
As an alternative and/or the precursor to the actual use of force, MPD officers shall consider verbally announcing their intent to use force, including displaying an authorized weapon as a threat of force, when reasonable under the circumstances. The threatened use of force shall only occur in situations that an officer reasonably believes may result in the authorized use of force. This policy shall not be construed to authorize unnecessarily harsh language. (08/17/07) (07/28/16)
B. De-escalation
Whenever reasonable according to MPD policies and training, officers shall use de-escalation tactics to gain voluntary compliance and seek to avoid or minimize use of physical force. (06/01/12) (07/28/16)
1. When safe and feasible, officers shall:
a. Attempt to slow down or stabilize the situation so that more time, options and resources are available.
i. Mitigating the immediacy of threat gives officers more time to call additional officers or specialty units and to use other resources.
ii. The number of officers on scene may make more force options available and may help reduce overall force used.
b. Consider whether a subject’s lack of compliance is a deliberate attempt to resist or an inability to comply based on factors including, but not limited to:
· Medical conditions
· Mental impairment
· Developmental disability
· Physical limitation
· Language barrier
· Influence of drug or alcohol use
· Behavioral crisis
Such consideration, when time and circumstances reasonably permit, shall then be balanced against incident facts when deciding which tactical options are the most appropriate to resolve the situation safely.
2. De-escalation tactics include, but are not limited to:
· Placing barriers between an uncooperative subject and an officer.
· Containing a threat.
· Moving from a position that exposes officers to potential threats to a safer position.
· Reducing exposure to a potential threat using distance, cover or concealment.
· Communication from a safe position intended to gain the subject’s compliance, using verbal persuasion, advisements or warnings.
· Avoidance of physical confrontation, unless immediately necessary (e.g. to protect someone or stop dangerous behavior).
· Using verbal techniques to calm an agitated subject and promote rational decision making.
· Calling additional resources to assist, including more officers, CIT officers and officers equipped with less-lethal tools.
5-305 AUTHORIZED USE OF DEADLY FORCE (08/17/07) (08/18/17)
A. Statutory Authorization
Minn. Stat. §609.066 sub. 2 – “The use of deadly force by a peace officer in the line of duty is justified only when necessary:
· To protect the peace officer or another from apparent death or great bodily harm;
· To effect the arrest or capture, or prevent the escape, of a person whom the peace officer knows or has reasonable grounds to believe has committed or attempted to commit a felony involving the use or threatened use of deadly force, or;
· To effect the arrest or capture, or prevent the escape, of a person who the officer knows or has reasonable grounds to believe has committed or attempted to commit a felony if the officer reasonably believes that the person will cause death or great bodily harm if the person’s apprehension is delayed.”
B. United States Supreme Court: Tennessee v. Garner
In addition to Minn. Stat. §609.066, MPD policies shall utilize the United States Supreme Court decision in Tennessee v. Garner as a guideline for the use of deadly force.
The Tennessee v. Garner case references that:
“Apprehension by the use of deadly force is a seizure subject to the Fourth Amendment’s reasonableness requirement.”
“The use of deadly force to prevent the escape of all felony suspects, whatever the circumstances, is constitutionally unreasonable.”
C. Sworn MPD employees shall recognize that:
· The use of a firearm, vehicle, less-lethal or non-lethal weapon, or other improvised weapon may constitute the use of deadly force.
· This policy does not prevent a sworn employee from drawing a firearm, or being prepared to use a firearm in threatening situations.
D. For the safety of the public, warning shots shall not be fired.
E. Moving/Fleeing Motor Vehicles
1. Officers are strongly discouraged from discharging firearms at or from a moving motor vehicle.
2. Officers should consider their positioning and avoid placing themselves in the path of a vehicle when possible. If officers find themselves positioned in the path of a vehicle they should, when possible, tactically consider moving out of the path of the vehicle instead of discharging a firearm at it or any of its occupants.
F. Officers’ Actions that Unnecessarily Place Themselves, Suspects, or the Public at Risk
1. Officers shall use reasonableness, sound tactics and available options during encounters to maximize the likelihood that they can safely resolve the situation.
2. A lack of reasonable or sound tactics can limit options available to officers, and unnecessarily place officers and the public at risk.
5-306 USE OF FORCE – REPORTING AND POST INCIDENT REQUIREMENTS (08/17/07)
Any sworn MPD employee who uses force shall comply with the following requirements:
Medical Assistance: As soon as reasonably practical, determine if anyone was injured and render medical aid consistent with training and request Emergency Medical Service (EMS) if necessary.
Supervisor Notification and CAPRS Reporting Requirements
No CAPRS Report Required
Unless an injury or alleged injury has occurred, the below listed force does not require a CAPRS report or supervisor notification.
· Escort Holds
· Joint Manipulations
· Nerve Pressure Points (Touch Pressure)
· Handcuffing
· Gun drawing or pointing
CAPRS Report Required – No Supervisor Notification required
The following listed force requires a CAPRS report, but does not require supervisor notification.
· Takedown Techniques
· Chemical Agent Exposures
CAPRS Report Required - Supervisor Notification Required
All other force, injuries or alleged injury incidents require both a CAPRS report and supervisor notification. The sworn employee shall remain on scene and immediately notify a supervisor by phone or radio of the force that was used.
Supervisors shall not conduct a force review on their own use of force. Any other supervisor of any rank shall conduct the force review. (04/16/12)
A CAPRS report entitled “FORCE” shall be completed as soon as practical, but no later than the end of that shift. A supplement describing the use of force incident in detail shall be completed and entered directly into the CAPRS reporting system (no handwritten force reports). Employees shall ensure that all applicable force portions of the CAPRS report are completed in full.
Sworn employees shall complete a CAPRS report entitled "PRIORI" for all incidents in which a person has a prior injury, or prior alleged injury, and there is actual physical contact or transportation by the police.
Transfer of Custody
Prior to transferring custody of a subject that force was used upon, sworn MPD employees shall verbally notify the receiving agency or employee of:
· The type of force used,
· Any injuries sustained (real or alleged) and
· Any medical aid / EMS rendered
5-307 SUPERVISOR FORCE REVIEW (08/17/07) (12/15/09)
On-duty Supervisor Responsibilities
The supervisor who is notified of a Use of Force incident by any sworn MPD employee shall:
1. Determine if the incident meets the criteria for a Critical Incident. If so, follow Critical Incident Policy (P/P 7-810). (09/23/15)
2. Instruct the involved employees to have the subject of the use of force remain on-scene until the supervisor arrives, if it is reasonable to do so.
· If the subject of the use of force does not remain on-scene, the supervisor shall go to the subject’s location, if necessary, to complete the investigation.
3. Respond to the incident scene and conduct a preliminary investigation of the Use of Force incident. (09/23/15)
a. Debrief the employee(s) who engaged in the use of force.
b. Note any reported injury (actual or alleged) to any individual involved.
c. Photograph: (09/23/15)
· the force subject, including any visible injuries
· the immediate area of the force event
· injuries to any other individual involved in the force event
· damage to equipment or uniforms caused by the force event
d. Note any medical aid/EMS rendered to any individual involved.
e. Locate and review any evidence related to the force incident (e.g. MVR, security video, private cameras, etc.). (12/15/09)
f. Ensure any on-scene evidence is preserved and collected.
g. Locate and identify witnesses to the use of force incident. (12/15/09)
h. Obtain statements from witnesses to the use of force incident.
i. Contact the Internal Affairs Unit Commander immediately by phone if the force used appears to be unreasonable or appears to constitute possible misconduct. (04/16/12)
4. Complete and submit the Supervisor Use of Force Review and Summary in CAPRS as soon as practical, but prior to the end of that shift.
a. Ensure that all actions taken in the preliminary investigation process and the information obtained from these actions are included in the Summary and that all other relevant information is entered in the appropriate sections of the report. (12/15/09)
b. If, based upon the totality of the information available at the time of the report, the supervisor feels that the use of force may have been unreasonable or not within policy, the supervisor will: (04/16/12)
· State in the supervisor force review that they believe the use of force requires further review; and
· Notify the commander of Internal Affairs of their findings that the force requires further review.
5. Review all sworn employees’ CAPRS reports and supplements related to the use of force incident for completeness and accuracy.
5-308 NOTIFICATION OF FIREARM DISCHARGES (10/16/02) (04/30/15)
A. Employee Responsibility
Any employee who discharges a firearm, whether on or off duty, shall make direct contact with their immediate supervisor or the on-duty Watch Commander and the local jurisdiction as soon as possible except: (08/17/07) (04/30/15) (04/05/16)
· While at an established target range;
· While conducting authorized ballistics tests;
· When engaged in legally recognized activities while off-duty.
B. Supervisor Responsibility
1. The supervisor shall respond to any scene in which an employee has discharged a firearm while on-duty or in the course of duty. (04/30/15) (04/05/16)
2. The supervisor is responsible for notifying the Watch Commander and when appropriate, the employee’s Deputy Chief and the on-duty Homicide investigator. This does not include the discharge of a firearm with the intention of dispatching an animal, unless it results in injury to a person. (04/30/15) (04/05/16)
3. Notifications to the Internal Affairs Unit shall be made in accordance with the Internal Affairs Call-Out Notification Policy (P/P 2-101). (04/05/16)
4. The advised supervisor shall ensure that drug and alcohol testing is conducted in accordance with the conditions and procedures in the MPD Drug & Alcohol Testing Policy (P/P Section 3-1000). (04/30/15)
5. At any officer-involved shooting incident in which a person is shot, the Critical Incident Policy (P/P Section 7-800) shall be followed. (04/30/15)
C. Reporting Firearms Discharges to the State (10/16/02) (04/30/15)
Minn. Stat. §626.553 requires the Chief of Police to report to the State Commissioner of Public Safety whenever a peace officer discharges a firearm in the course of duty, other than for training purposes or when killing an animal that is sick, injured or dangerous. Written notification of the incident must be filed within 30 days of the incident. The notification shall include information concerning the reason for and circumstances surrounding discharge of the firearm. The Internal Affairs Unit supervisor shall be responsible for filing the required form(s) with the State Bureau of Criminal Apprehension. (04/05/16)
5-309 WRITTEN REPORT ON DISCHARGE OF FIREARMS (10/16/02)
All employee firearm discharges that require notification, other than Critical Incidents, shall be reported in CAPRS, including a supplement, by the employee involved and the supervisor who was notified. The report shall be titled, “DISWEAP.” The supervisor shall then complete a Supervisor Force Review. (08/17/07)
If the involved employee is unable to make a CAPRS report, the supervisor shall initiate the CAPRS report.
The Watch Commander shall include all case numbers on the Watch Commander log.
5-310 USE OF UNAUTHORIZED WEAPONS (10/16/02) (08/17/07)
Sworn MPD employees shall only carry and use MPD approved weapons for which they are currently trained and authorized to use through the MPD Training Unit. If an exigent circumstance exists that poses an imminent threat to the safety of the employee or the public requiring the immediate use an improvised weapon of opportunity, the employee may use the weapon. (08/17/07)
5-311 USE OF NECK RESTRAINTS AND CHOKE HOLDS (10/16/02) (08/17/07) (10/01/10) (04/16/12)
DEFINITIONS I.
Choke Hold: Deadly force option. Defined as applying direct pressure on a person’s trachea or airway (front of the neck), blocking or obstructing the airway (04/16/12)
Neck Restraint: Non-deadly force option. Defined as compressing one or both sides of a person’s neck with an arm or leg, without applying direct pressure to the trachea or airway (front of the neck). Only sworn employees who have received training from the MPD Training Unit are authorized to use neck restraints. The MPD authorizes two types of neck restraints: Conscious Neck Restraint and Unconscious Neck Restraint. (04/16/12)
Conscious Neck Restraint: The subject is placed in a neck restraint with intent to control, and not to render the subject unconscious, by only applying light to moderate pressure. (04/16/12)
Unconscious Neck Restraint: The subject is placed in a neck restraint with the intention of rendering the person unconscious by applying adequate pressure. (04/16/12)
PROCEDURES/REGULATIONS II.
The Conscious Neck Restraint may be used against a subject who is actively resisting. (04/16/12)
The Unconscious Neck Restraint shall only be applied in the following circumstances: (04/16/12)
On a subject who is exhibiting active aggression, or;
For life saving purposes, or;
On a subject who is exhibiting active resistance in order to gain control of the subject; and if lesser attempts at control have been or would likely be ineffective.
Neck restraints shall not be used against subjects who are passively resisting as defined by policy. (04/16/12)
After Care Guidelines (04/16/12)
After a neck restraint or choke hold has been used on a subject, sworn MPD employees shall keep them under close observation until they are released to medical or other law enforcement personnel.
An officer who has used a neck restraint or choke hold shall inform individuals accepting custody of the subject, that the technique was used on the subject.
And now they are deliberately clearing all trace of Section 5-311 on neck restraints to enable mob justice and save their asses.
