Police Panel Approves Policy on Use of Force

By Andrew Gorosko

The Police Commission has revised the police department’s policy on police officers’ use of force, expanding the content of that document to describe in detail situations and circumstances under which police are allowed to use varying levels of force as part of law enforcement.

Commission members recently approved the use-of-force policy, along with other accompanying force-related policies. An ongoing police policy review and revision project is leading up to the police department’s application for formal accreditation from a police accreditation organization.

The use-of-force policy is based on police exercising their judgment in the “objectively reasonable” use of force.

“Officers shall only use that level of force that reasonably appears necessary to effectively bring an incident under control, while protecting the lives of the officer and others. The officer must only use that force which a reasonably prudent officer would use under the same or similar circumstances,” according to the policy.

The nine-page policy draws distinctions between “lethal force” and “less lethal force,” defining a series of terms applicable to police decisionmaking on the level of force that is to be used under varying circumstances.

The policy describes in detail situations under which police would be allowed to use lethal force in the course of their duties.

Police officers’ use of lethal force is permissible to defend or protect the police officer, others, or a third person from what the police officer “reasonably believes” to be the use or imminent use of lethal force.

Also, police are authorized to use lethal force to make an arrest or prevent the escape from custody a person whom the police officer reasonably believes has committed or has attempted to commit a felony that involved the infliction or the threatened infliction of lethal force.

When practical, the police officer would give warning of his or her intention to use lethal force. Police would use lethal force against persons who pose a lethal threat to the police officer or others.

Use of lethal force is permissible to shoot an animal in self defense, or to prevent serious harm to the officer or others, or when that animal is so badly injured that humanity requires its relief from further suffering, except in cases involving dogs, as specified by state law.

Police are prohibited from using lethal force when shooting a firearm at a moving vehicle or shooting a firearm from a moving vehicle, except in certain clearly defined situations.

Those situations include cases when using that lethal force is the ultimate measure of self defense; in the defense of another person when a suspect is using lethal force from a vehicle, including use of the vehicle itself; when the occupants of the vehicle have committed a felony in which lethal force was used and the police officer reasonably believes that the vehicle’s occupants still pose an imminent threat of serious physical injury or death to the officer or others, if the suspects’ apprehension is delayed.

The use-of-force policy strictly prohibits police from using warning shots because police cannot control the damage that a warning shot might cause, Police Chief Michael Kehoe said this week. There is no good direction in which to fire a warning shot, he added.

After police use “lethal force” or “less lethal force” against a suspect and the suspect is injured or complains of discomfort, pain, or injury, police must ensure that appropriate medical care is provided to the suspect, including first aid from police, the services of a paramedic, and hospital care.

Medical aid would only be provided to a suspect after the suspect’s ability to use “lethal force” or “less lethal force” has been neutralized, and it becomes safe to render such medical aid, according to the policy.

The use-of-force policy also details the internal functioning of the police department in cases where lethal force has been used, resulting in the death or injury of a police officer, or the death or injury of another person. The policy also addresses cases involving the unintentional discharge of a firearm by a police officer.

Active Shooters

The Police Commission also has approved a new policy concerning police responses to “active shooter” situations, in which one or more people are participating in a random or systematic shooting incident, demonstrating their intent to continuously harm others, inflicting death or serious bodily injury on people.

Besides firearms, the active shooter policy would apply to people who are armed with other weapons, such as knives, clubs, crossbows, and explosives. In such cases, the suspects’ objective appears to be mass murder, rather than forcible felonies, such as robbery or hostage-taking.

Police who respond to active shooter situations are instructed to find the active shooter swiftly and stop them through any legal means necessary in order to protect life. Those means may include arrest, containment, and the use of deadly force.

The police policy is designed to stop the active shooter before the person can take any more innocent lives.

The police’s use of deadly force in such situations would be an option until the suspect discards his or her weapons and surrenders to police, or is incapacitated.

The policy provides a detailed list of procedures on how to deal with active shooter cases.

Weapons/Devices

The Police Commission also has approved a new policy concerning the police’s use of weapons and other law enforcement devices.

That policy sets guidelines on the use and handling of lethal weapons and nonlethal weapons for on-duty and off-duty police.

The policy describes the use of handling of police sidearms and ammunition, shotguns, off-duty sidearms, nightsticks, chemical irritants, police dogs, and remotely controlled electric stun devices, known as tasers.

The policy also addresses police use of what is known as the “extended impact weapon.” That weapon is a special shotgun load, which, after striking a person, knocks them down but does not puncture their flesh. The shot contained in the shotgun load remains within a containment bag while striking the person.

After the suspect is neutralized by the use of the weapon, the suspect would be checked by a physician for injuries.

The police policy also describes the use of handcuffs and leg shackles and weapons training and inspections.