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4.6 USE OF FORCE
4.6.1 PURPOSE
A. The purpose of this directive is to provide a single source of reference for all Department officers pertaining to authorization and use of force, including the discharge of Department authorized firearms. The use of physical force and deadly force are also covered by Oregon Revised Statutes (ORS 161.205 through 161.239). http://www.leg.state.or.us/ors/161.html.
4.6.2 DEFINITIONS
A. Deadly force: (161.015(3)) Any use of force that is readily capable of causing death or serious physical injury.
B. Serious Physical Injury: (161.015(8)) Physical injury which creates a substantial risk of death or which causes serious and protracted disfigurement, protracted impairment of health or protracted loss or impairment of the function of any bodily organ.
C. Physical Injury: (161.015 (7)) Impairment of physical condition or substantial pain.
D. Physical force: The application of techniques that allow officers to exercise the necessary control over a subject without presenting a significant risk of death to that subject.
E. Reasonable: (ORS 161.245) An Officer holds a belief that is reasonable under the totality of the circumstances existing at the time and place the Officer acts as authorized.
F. Officer: The term “officer” as used in this procedure is defined as, and shall apply to, all police members authorized to carry a firearm on or off duty.
G. Firearm: Any weapon designed to propel a projectile or projectiles by the use of a chemical explosion and capable of causing serious physical injury or death.
H. Impact Weapon: Police baton, side-handle baton, collapsible baton, or any other instrument or device designed or used to block, jab, strike, or temporarily restrain or control a person by way of physical impact or extending the officer’s ability to use control holds.
I. Electronic Control Weapon: A device designed to stun, restrain or incapacitate a person temporarily by way of delivering an electronic shock.
J. Less Lethal Projectiles: Fired from a firearm or similar device, designed to stun or incapacitate a person temporarily without penetrating the body or causing serious physical injury or death.
K. Patrol Canine: A canine trained for and employed by law enforcement officers, the use of which includes, but may not be limited to, handler protection and the location and apprehension of persons or property.
4.6.3 USE OF FORCE TRAINING
A. Department certified defensive tactics instructors will conduct use of force training. All officers are required to attend annual in-service training that will include, but not be limited to:
1. Review of the Use of Force General Order.
2. Legal updates pertaining to the use of force.
3. Review of DPSST Use of Force Wheel.
B. The Administrative Sergeant will make every reasonable effort to reschedule officers for use of force training if they cannot attend their regularly scheduled date.
4.6.4 PARAMETERS FOR USE OF PHYSICAL FORCE
A. Where deadly force is not authorized, officers should assess the incident in order to determine which physical technique or weapon will best de-escalate the incident and bring it under control in a safe manner.- Police Officers are authorized to use Department approved physical force techniques and issued equipment for resolution of incidents, as follows:
- To protect themselves or another from physical harm; or
- To bring an unlawful situation safely and effectively under control.
4.6.5 PARAMETERS FOR USE OF DEADLY PHYSICAL FORCE- Specific Guidelines: Deadly force may be used only when it appears to the officer that there is no reasonable alternative under the following circumstances:
1. An officer may use deadly force only when the officer reasonably believes that the action is in defense of human life, including the officer’s own life, or in defense of any person in immediate danger of serious physical injury or death.- In effecting the arrest or preventing the escape of a person whom the
B. Officers shall NOT discharge a firearm at or from a moving vehicle except under the following circumstances:- When the officer reasonably believes that the action is in defense of
- In effecting the arrest or preventing the escape of a person whom the
C. General Guidelines Governing the Use of Deadly Force
- Justification: Justification for the use of deadly force by an officer is limited to the facts as they reasonably appeared to the officer at the time of the decision to use deadly force.
3. Bystander Safety: Any use of deadly force must be done with proper regard for the safety of bystanders.
4. Officer Discretion: When an officer may be permitted to use deadly force, the officer may refrain from doing so if he believes the use of such force is unnecessary under the particular circumstances.- Decision to Display Firearms: An officer’s decision to draw or exhibit a firearm should be based on the tactical situation and the officer’s reasonable belief there is a substantial risk the situation may escalate to the point where deadly force may be justified. When an officer has determined the use of deadly force is not necessary, the officer should, as soon as practical, secure or holster the firearm.
4.6.6 MANAGING THE USE OF FORCE INCIDENT
A. Use the amount of force necessary to accomplish the lawful objectives.
B. When using force, whenever possible, give the appropriate verbal commands.
C. Photograph all injuries to the subject, yourself, and/or others.
D. Charge the subject with the appropriate crime(s).
E. If you are injured, even slightly, seek medical attention for a permanent record of your injuries.
F. During the struggle, if your uniform is badly soiled or damaged, place it in evidence.
4.6.7 LEVEL OF FORCE
A. The completion of lawful duties and the protection of the public may
require that officers employ various methods of control or application of force.
Different levels of control available to officers include the officer’s presence, verbal communication, physical contact, physical control, serious physical control, and deadly physical force. The levels of force are further described as:
1. PRESENCE: The officer has an expectation that inappropriate behavior will stop at the officer’s arrival in uniform.
2. VERBAL: The questioning of a subject, the attempt to persuade a subject, or giving a direct order to a subject.
3. PHYSICAL CONTACT: Directing a subject by touch, or controlling a subject with some type of escort hold.
4. PHYSICAL CONTROL: Use of pressure points, joint manipulation techniques, physical control holds, and electronic control weapons(in a direct contact or drive stun application).
5. SERIOUS PHYSICAL CONTROL: Use of chemical weapons, focused blows, impact weapons, and electronic control weapons (used in a projectile application at any distance away from the direct contact with the subject at the time of deployment).
6. DEADLY FORCE: Under the circumstances, of which it was intended to be used, any force capable of causing serious physical injury or death.
B. Officers shall use only the level of force reasonable and necessary to accomplish the lawful objective. Based on the totality of the circumstances Officers are authorized to use that level of force which is reasonable and necessary to protect themselves and/or others from bodily harm.
C. Sudden escalation of threats, aggression, or resistance by suspects may preclude the use of lesser levels of force or control by officers. The decision to employ any given level of force, including deadly force, must be based on the facts known to, or reasonably believed by officers at the time the action is taken.
4.6.8 LEVELS OF RESISTANCE
A. STATIC: The threat refused to comply with commands by continuing to possess a weapon in a non-threatening way, balking, becoming dead weight, or grasping a solid object.
B. ACTIVE: The threat physically resists the officer’s verbal commands and/or attempts to gain physical control by pulling away, attempting to run, or powering through a control hold.
C. OMINOUS: The threat demonstrates the willingness to engage in combat through verbal challenge, threats and/or aggressive behavior, or refusing to drop a weapon.
D. LETHAL: The threat possesses the intent, means, and opportunity to inflict serious physical injury or death. The means can be with a weapon or empty-handed.
4.6.9 METHOD OF FORCE
A. VERBAL COMMAND: In the majority of situations requiring police intervention the officer’s verbal command is the only force necessary. The officer’s tone of voice and attitude, the clarity of directions, and choice of words are factors that bear on the effectiveness of a verbal command.
B. CONTROL TECHNIQUES: If the use of a verbal command is not effective, or is not likely to be effective in controlling an individual, an officer may need to resort to the next level of force which is the use of properly applied control techniques including, but not limited to, the use of handcuffs, hobbles, blocking maneuvers, and control holds.- Control holds include techniques to overcome resistance or prevent
2. Restraints/Handcuffs. Every person taken into custody shall be handcuffed with their hands behind the back, unless such handcuffing is impossible (e.g. an amputee) or impracticable. In such an event, an officer shall use appropriate safeguards to secure the person.
C. AEROSOL SUBJECT RESTRAINT: Oleoresin Capsicum (OC) is the Department authorized aerosol restraint. OC may be used to subdue a person who is resisting arrest or is otherwise combative and when resistance or threats of violence represents potential escalation of necessary force and officers fear potential injuries to the officer, the arrestee, or others present. The officer should consider he might be affected to a greater degree than the person who is resisting, and that the effect of the OC on a particular person cannot be predicted.
1. Officers will only be authorized to use OC after successful completion of Department approved training.
2. Any use of OC requires that the use, and the reason(s) for the use, be documented in a police report.
D. POLICE BATONS:
1. Officers may only carry Department approved batons. Approved batons include:
a. Standard police baton, or
b. Asp.
2. An officer is authorized to use a baton at the “Serious Physical Control” or “Deadly Force” levels of the Force Continuum (see appendix 4.6B). An officer is further authorized to use a baton in the performance of his official duties under the following circumstances:
a. When actively engaged in attempting to quell civil disorder.- To apply one of the Department approved come-along holds as instructed in Departmental or DPSST defensive tactics training.
3. Officers shall not be authorized to carry any baton unless Department approved training has been completed.
E. FLASHLIGHTS: Members may only use a flashlight as a means of defense to overcome sudden attack or in an emergency. Any use of a flashlight as a weapon will conform to the same criteria as for batons in 4.6.9.D above.
F. LESS-LETHAL: Only members who are currently certified in the proper use and deployment of less-lethal sub-munitions are authorized to carry and deploy the designated weapons during actual field operations, unless exigent circumstances dictate the action is reasonably necessary for the preservation of life, or the safety of the officer or others.
G. ELECTRONIC CONTROL WEAPONS: Officers who have been trained in the use of the Electronic Control Weapons shall be allowed to carry and deploy the device. The use of the Electronic Control Weapon is considered physical control when the ECW is applied in direct contact with the subject at the time of application and serious physical control when the officer deploys the ECW projectiles at ANY distance away from direct physical contact with the subject as it relates to the intent of the officer at the time of application.
H. FIREARMS: An officer is authorized to use a firearm when the conditions of deadly force are authorized. Officers, who discharge a firearm other than at training or at a range, will need to file a report to document the discharge.
1. An officer is further authorized to discharge a firearm in the performance of his official duties under the following circumstances:
a. To kill or deter a dangerous animal, or to kill an animal that is so badly injured it should be destroyed to prevent further suffering; or
b. At a firing range pursuant to all safety rules and regulations; or
c. To provide cover fire, an officer may discharge firearms in a tactical
situation to neutralize the use of deadly force by a suspect(s) so that police or other persons can maneuver in safety.
2. Unless extreme circumstances dictate, officers are prohibited from discharging firearms under the following circumstances:
a. As a signal; or
b. As a communication method.
c. Warning shots.
3. Firearm Discharge Within the City: Whenever an officer discharges his firearm accidentally or intentionally, either on or off duty within the City limits, except as authorized by this directive, the following shall occur immediately:- Determine the physical condition of any injured person and render first aid when appropriate, and request any necessary emergency medical aid.
c. When applicable an officer will be assigned log duty recording all person’s entering the scene, the time of their entry and exit, and their specific responsibility at the scene.
d. The first responding officer will protect the scene, save physical evidence and preserve the firearms for examination.
4. Firearm Discharges Outside the City: Officers who discharge firearms outside the jurisdiction either on or off duty, accidentally or intentionally except as authorized in this directive, shall immediately:
a. Determine the physical condition of any injured person and render first aid when appropriate, and request any necessary emergency medical aid;
b. Notify the law enforcement agency having jurisdiction and the on-duty supervisor of the Gresham Police Department of the incident and location;
c. Protect the scene, save physical evidence and preserve the firearms for examination.
4.6.10 MEDICAL TREATMENT OF INJURED SUSPECTS
A. Once a person is in police custody, it is the responsibility of the officers to render or obtain any medical aid required. With any use of physical force where an injury has occurred or is alleged, the officer should observe and evaluate, obtain medical aid, notify a supervisor and document the incident. Officers will treat injured suspects in accordance to G.O. 4.10 Medical Services for Persons in Custody \\alpha1_lan\cog\Police\Dept Procedures\04 CRITICAL TASK G.O. Chap 4\4.10 Medical Services for Persons in Custody.doc and will ensure the following care is provided:
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a. Flushing of the eyes with cool water.
b. Monitoring the person for complications.- Less-Lethal:
1. When an individual has been struck with one or more sub-munition rounds, they will be transported to a hospital for a medical review and/or treatment of injuries. If immediate medical attention is needed the officer will immediately request medical assistance.
2. If the suspect refuses medical treatment, they will be transported to the hospital for evaluation. The officer will document the refusal of medical treatment at the hospital.- ELECTRONIC CONTROL WEAPON:
- When an individual has been energized with an electronic control weapon, officers will request EMS respond to remove probes embedded in the subject’s skin and evaluate their medical condition. Under normal circumstances officers will not attempt to remove the ECW probes or allow the suspect to remove the probes themselves. If immediate medical attention is needed the officer will request medical assistance as soon as it is safe to do so and or practical given the specific conditions or circumstances at the time.
following the application of an ECW).
4.6.11 USE OF FORCE REPORT- Whenever an officer must employ physical force in the course of arrest,
1. Noting weather and lighting conditions, pedestrian and vehicular traffic congestion or flow, availability of back up, your distance from the suspect;
2. Describing how you applied the technique or force option;
3. Explaining why you used that method, technique, and level of force;
4. Avoiding vague terms (i.e., aggressive, threatening, resisted, struggled, etc.). Instead, describe in detail the suspect’s behavior/actions that necessitated the force;
5. Identifying the Officer vs. Threat Factors and influential circumstances that necessitated the level of force;
6. Describing the suspect’s physical size and appearance (including facial expressions, threatening gestures, etc.);
7. Describing the scene of the incident in detail. Include environmental weapons, physical barriers, and specific locations; and
8. Describing the first aid/post-force care given and describe the injury, or possible injury, to the recipient.
In addition, a Use of Force Report Form (separate document) will be completed and submitted to the Defensive Tactics Lieutenant, via the chain of command.- If no crime or incident report is written, a “Special Report” shall be completed
(Example: Dispatched on an unruly juvenile; arrived to find an intoxicated, uncooperative, combative youth; used physical force to control subject; parents arrive; released juvenile to parents; no referral, no crime or incident report. Need a Special Report detailing the incident [disturbance by intoxicated juvenile], level of force used to control the subject and disposition [cleared exceptionally because no arrest and no further action required].)- All use of force reports will be reviewed by the officer’s immediate supervisor
D. Memorandums on use of force should be generated by a supervisor when an incident needs further administrative review.
4.6.12 INVESTIGATION- Discharge of Firearms Investigation: The Department will investigate all incidents in which an officer discharges a firearm while acting in the capacity of a police officer, except:
1. The discharge of firearms at range target practice or organized shooting matches, or firearms examinations in the furtherance of an investigation;
2. The discharge of a firearm for the purpose of killing a dangerous or injured animal.
3. Cases involving serious injury or death will be investigated by the Major Crimes Team.
B. Involved Officers’ Responsibilities:
1. An involved member will not be required to complete any reports or give any oral or written statement about the discharge of a firearm, where the discharge of the firearm has resulted in an injury or death to another individual, before the officer has had an opportunity to consult with an Association Representative and/or an attorney. An involved member shall be provided at least 72-hours advance notice of any interview of the member related to an internal affairs investigation or criminal investigation.
2. All other witness officers shall complete reports of the incident before going off duty. Reports will contain information regarding the weapons involved, number of shots fired, persons involved, injuries or damage, names of witnesses and other pertinent information. The report should specifically state the facts and circumstances of the occurrence.
C. Discussion of the Incident: Officers involved should not discuss the case with anyone except an Association Representative and/or a personal attorney, the assigned investigator, or their supervisor, until after the initial reports are completed.
D. Supervisor Responsibilities:The scene - supervisors shall be responsible for the following:
Secure the scene; and
Notify the Watch Commander.
2. All unauthorized persons, including police officers not required at the scene, will be directed to leave or stay clear of the scene. The scene will be protected until the completion of all investigations.
3. Supervisors will direct the involved officer be escorted to the Department.
4. Supervisors will promptly but discretely (i.e., private, out of view of the public and other officers if possible) obtain possession of the weapon(s). Firearms must not be removed from their holsters; obtain the entire gun-belt if necessary to avoid removing the weapon from its holster.
5. Supervisors should inspect the firearms of all officers present during the shooting incident.
6. Supervisors shall make detailed notes of the weapon(s) readily visible general description and condition, the appearance, and the location of any adhering trace evidence, to the extent these observations can be made without removing a firearm from its holster or otherwise compromising physical evidence.
7. Supervisors will ensure replacement weapons are issued to officers involved in a shooting.
E. Watch Commander Responsibilities:
1. Upon notification of an officer involved use of deadly force incident, the Watch Commander will notify investigative personnel.
F. Investigative Personnel Responsibilities:
1. Use of Force Incident – Upon notification of an officer involved use of force incident; investigative personnel will gather evidence and complete the investigation.
The purpose of the investigation will be to determine whether the officer violated any state laws. The investigation will be conducted in a manner to ensure the officer’s constitutional rights are protected.
2. Serious Injury or Death Incident – Upon notification of a serious injury or deadly force incident, investigative personnel will activate the Major Crimes Team.
G. Major Crimes Team Responsibilities:
1. Upon notification of an officer involved serious injury or deadly force incident, the Major Crimes Team personnel will:
a. Notify the designated representative of the District Attorney’s Office; and
b. In those cases involving death, notify the Medical Examiner’s Office and advise them of the activation of the Major Crimes Team; and
c. Collect and preserve physical evidence from the scene to include analysis of forensic evidence; and
d. Conduct the Investigation and comply with reporting requirements.
H. Chief of Police Responsibilities:
1. Release of Names of Department Personnel – The name(s) of all officers involved in a shooting that results in serious physical injury or death will only be released by the Chief of Police or at the Chief’s specific direction and only with the concurrence of the District Attorney’s Office.
2. Assigned Leave – The Chief of Police or designee shall, upon completion of preliminary reports of the incident, place on leave any officer directly involved in the use of force that results in serious physical injury or death, or any officer directly involved in a shooting. This leave shall be without loss of pay or benefits pending the results of a full investigation. The assignment to leave shall in no way imply or indicate that the officer has acted improperly. While on leave, the officer shall remain available for official Departmental interviews and statements regarding the incident, and shall be subject to recall to duty at any time.
I. Review of the Investigation: Upon completion of the investigation, the Chief of Police may:
1. Suspend the officer without pay, if criminal charges are filed against the officer; or
2. Retain the officer on administrative leave pending a final determination by the Use of Force Review Board; or
3. Return the officer to an assignment as determined by the Chief of Police; or
4. Direct further investigation.
4.6.13 USE OF FORCE REVIEW BOARD
The Use of Force Review Board shall be convened at the direction of the Chief of Police following completion of a full investigation.
A. Board’s Charge
1. The Use of Force Review Board shall recommend whether or not the use of force was within the parameters of Department standards.
2. The review board shall not be concerned with penalties for violations of rules, regulations or procedure.
B. Board’s Proceedings
1. The Use of Force Review Board shall be composed of a minimum of three members that will consist of one or more supervisors and at least one officer of the same rank as the involved officer. The senior ranking officer shall serve as the chairperson.
2. The chairperson of the Board shall notify in writing each member involved in a case reviewed by the Board. Such notification shall be:
a. In a memorandum stating the date, time and location of the Board meeting, giving involved members sufficient advance notice that their appearance is mandatory.
b. Scheduling revisions shall be made when necessary to accommodate conflicts such as court, vacation, etc.
3. All Board hearings are confidential and shall be conducted in private.
4. The Board will consider all reports, information, and evidence and if necessary, call witnesses. All Department members will cooperate fully with the Board.
5. Department members appearing before the Board may present testimony, evidence, and call witnesses favorable to the analysis of the use of force.
6. All members subject to a review by the Board will be afforded all rights pursuant to Gresham Police Department Rules and Regulations. The Board chairperson who will confirm that the member has been informed of his rights will complete Appendix 4.6A.
C. Findings and Recommendations
1. Findings and recommendations of the Board will normally be completed within 45 days from the date of assignment. The Chief of Police may grant an extension of time. Members involved in the use of force review process will be notified in writing if an extension is granted beyond the 45-day period.
2. A summary of the findings and recommendations of the Use of Force Review Board shall be submitted to the Chief of Police in memorandum form. The Board recommendations will be signed by all members of the Board and will indicate whether the Board member agreed with or dissented from the recommendation. The summary shall address the following areas:
a. The use of force was justified under the provisions of this directive.
b. The use of force was not justified under the provisions of this directive.
3. A detailed written account of the Board’s investigation/review will be completed and attached to the summary as supportive documentation of the Board’s findings. This document will include a finding of facts, a summary of the testimony, and the reasons Board members agreed with or dissented from the recommendation.
D. Review of Board Recommendations
1. Upon receipt of the Board’s recommendation the Chief of Police may:
a. Reinstate the officer to duty if it is determined that the incident was justifiable.
b. Refer the matter to the appropriate command staff member for correction of procedural, training, or supervisory deficiencies.
c. Take appropriate disciplinary action.
2. If the Chief of Police intends to take disciplinary action, the member will be notified in writing of this decision. The member will be given ten days to appeal the decision. Appeals will be made directly to the Chief of Police.
3. A copy of the documents pertaining to the Use of Force Review Board will be provided to the member by the Chief of Police.
E. Records and Documentation – Review Board
1. All records and documentation prepared by the Use of Force Review Board will be maintained in the Administrative files of the Department.
2. A control number will be assigned to each incident coming under the review of the Use of Force Review Board.
Craig Junginger
Chief of Police
APPENDIX 4.6AGresham Police Department
Use of Force Incident Review BoardControl Number
Involved Member
DateADVICE OF RIGHTS FORM
1) Member advised of purpose of Review Board
***BACK PAGE***
2) Member advised of Board members and who
will be conducting the interviews
3) Member advised of Rights
A) You have the right to have legal counsel or another member present as a witness during all interviews.
B) You have the right to a copy of all documents contained in the Use of Force Review Board process.
C) You are further advised that this investigation is conducted to obtain information for use in an administrative process decision. You are required to answer all questions fully and truthfully which are related to the matter under investigation. Failure to answer all questions fully and truthfully may result in severe disciplinary action, including dismissal for insubordination. Any information obtained through this process may not be used against you in any later criminal or civil proceedings.
Chairperson, Use of Force Review Board Date