Subject: Use of Force Reference: ORS 161.015, 161.235, 161.239 Effective Date: 03/01 Review Date: 07/08 Number: 903 No. Pages: 8 I. PURPOSE This policy is to provide employees of the Hillsboro Police Department with a single reference source of guidelines in the use of physical force and deadly physical force. All Hillsboro Police Department employees authorized to use physical force and deadly physical force will become familiar with this policy. II. POLICY As long as members of the public are victims of crimes and officers in the performance of their duties can be confronted with physical force or deadly physical force, it will remain necessary for officers to be properly equipped and trained for the protection of the public and themselves. Officers are confronted daily with situations where control must be exercised against another person. Such control may be achieved through various means ranging from the officer s mere presence, verbal persuasion, by the use of reasonable physical force or deadly physical force. Officers may use physical force only when it is necessary to overcome resistance while affecting an arrest, preventing an escape, restricting the movements of a prisoner, in defense of themselves or the defense of another person. Officers shall employ only that amount of force that is reasonable and necessary under the totality of the circumstances, in accordance with this policy, City, County, State and Federal statute. The mistreatment of persons and unnecessary use of force is prohibited. Physical force may be used when other reasonable alternatives have been exhausted or the officer reasonably believes those lesser alternatives would be ineffective under the totality of the circumstances. The officer is not expected to attempt to use all force options starting at the lowest level of force in all situations. Under the totality of the circumstances, the officer may need to apply force at a higher or lower level depending on numerous factors, which the officer must evaluate and consider at the time of the use of force. The officer should attempt to use the least amount of force necessary to control the threat. Incidents in which physical force is necessary to control a threat are dynamic in nature. There are numerous variables involved in the decision making process by the officer when applying physical force during an incident. This policy will not attempt to make specific use of force responses to specific actions by a threat. 1
III. DEFINTIONS Hillsboro Police Department A. Physical Force: Force that under the circumstance and the extent used is not intended to cause death or serious physical injury. B. Deadly Physical Force: Any force that under the circumstances in which it is used is readily capable of causing death or serious physical injury. C. Use of Force: Officers are permitted to use only that force which at the time, the officer believes is reasonable and necessary to effect an arrest, prevent an escape from custody, for self defense or the defense of a third person from what the officer believes to be the use or imminent use of physical force as provided for under ORS 161.235. This policy is intended to conform to the provisions of this statute as well as any and all other Federal, State and Local statutes. D. Verbal Commands: Any commands, given at the discretion of an officer, in order to gain compliance of a threat. E. Department Authorized Weapons and Tools: 1. Handcuffs: Handcuffs shall be of either chain linked or hinged linked design of a manufacture and design approved or issued by the Hillsboro Police Department. All non-issued handcuffs will be evaluated by a Hillsboro Police Department Defensive Tactics Instructor prior to use. Other temporary restraints may also be used to effect the control of a threat. These other temporary restraints may be, but are not limited to plastic tie wraps, medical facility restraints, hobbles or other similar items manufactured for the purpose of being used as temporary restraints. In certain circumstances non-traditional temporary restraints may be employed when the totality of the circumstances require. Non-traditional temporary restraints such as, but not limit to tape or rope may be employed if the circumstances necessitate their use to control a threat. 2. Chemical Agents. a) Oleoresin Capsicum (OC) Aerosol Restrains: The Hillsboro Police Department is currently issuing Punch II M4, 83 gram or Punch II M3 37 gram, OC canisters with fogger applicators. These products are manufactured by Aerko International and contain 5% Oleoresin Capsicum (OC). b) Chloroacetaphenone (CN) and Ortho Chlorobenzalnalonitrate (CS): Other chemical agents such as CS and/or CN gas may be used under certain circumstances. Chemical agents will only be used by Hillsboro 2
Police Department personnel who have been specifically trained in the use of these chemical agents or at the direction and supervision of those trained persons. 3. Other Devices. a) Pepperball: The Hillsboro Police Department currently allows the use of pepperball launchers by Department personnel who have been specifically trained in the use of such devices. Pepperball launchers allow for delivery of chemical agents or glass-breaking plastic rounds from a significant distance with kinetic impact. b) Impact Weapon: The Hillsboro Police Department currently issues 26F and 21 F collapsible batons. Other models of ASP Batons may be approved for use after being evaluated by Hillsboro Police Department Defensive Tactics/ASP Baton Instructors and with the Administration s approval. Other impact weapons such as 36 wooden crowd control batons may be issued and used by Hillsboro Police Department personnel under certain circumstances. Impact weapons will only be used by personnel specifically trained in their use. c) Electronic Control Devices: The Hillsboro Police Department authorizes the use of electronic control devices such as Tasers by Department members trained in their use. Tasers deliver an electrical shock to incapacitate and control a threat (see General Order number 908 Taser, Use of ). d) There may be incidents in which a member of the Hillsboro Police Department uses items not specifically designed as an impact weapon to deliver physical force to a threat when the use of an impact weapon is justified. Nothing in this policy prohibits the use of other items not specifically designed as an impact weapon if a Hillsboro Police Department issued impact weapon is not available. IV. PROCEDURE A. Application of Force. Force shall only be applied when the officer believes it is reasonable and necessary to effect an arrest, prevent an escape from custody, for self defense or the defense of a third person from what the officer believes to be the use or imminent use of physical force as provided for under ORS 161.235. Force may be applied from a level of mere presence to deadly physical force. Any force applied by a member of the Hillsboro Police Department, which is, under the totality of the circumstances not justified and is there by excessive, is prohibited. 3
B. Techniques for Application of Force. The Oregon Department of Public Safety Standards and Training provides training, guidelines and options as to techniques that may be used in applying physical force to a threat. The members of the Hillsboro Police Department Defensive Tactics program may opt to teach techniques in addition to those taught by the Oregon Department of Public Safety Standards and Training. These techniques will be evaluated by the Defensive Tactics instructors as to their effectiveness and ability to be justified when properly used. Techniques for applying physical force not taught at the Oregon Department of Public Safety Standards and Training or by the Hillsboro Police Department Defensive Tactics instructors may be used by a member of the Hillsboro Police Department if the technique is both reasonable and justified under the totality of the circumstances. The member of the Hillsboro Police Department will attempt to gain compliance through verbal commands whenever possible. Whenever possible, the Hillsboro Police Department member will continue to give verbal commands during the time physical force is being applied. The continuation of verbal commands is made in a continuing attempt to gain compliance from the threat. C. Deadly Force. An officer may use deadly force only when the officer reasonably believes that the action is in the defense of human life, including the officer s own life, or in defense of any person in imminent danger of serious physical injury. D. Post Use of Force Medical Attention: When a member of the Hillsboro Police Department is involved in the use of force in which injury has occurred or there is a potential for injury, the employee shall continually monitor the suspect. The officer shall monitor the suspect for changes in their skin color, breathing and levels of consciousness. If any significant changes in any of these areas are noted, the officer shall notify emergency medical personnel immediately. 1. If the suspect has been additionally restrained by the use of leg restraints and or been placed on the ground for control, as soon as practical the following shall occur. a) Release pressure/weight from the suspect s back or upper body. b) Check the suspects breathing and pulse, continuing to monitor until emergency medical personnel arrive. c) Place the suspect in a seated position or position the threat on their side to reduce the possibility of positional asphyxia by reducing the restriction to the suspects diaphragm. 4
2. Continue to keep medical personnel updated on the condition of the suspect if conditions appear to worsen. 3. Request emergency medical personnel evaluate and treat those persons involved and injured prior to removal from the scene. 4. In the situation where O.C. is applied to the suspect, every attempt shall be made to provide relief from the O.C. exposure. The suspect shall be removed from the exposure area into an area of open air. The area(s) of the suspect exposed to O.C. shall be decontaminated by the most current approved method by emergency medical personnel. 5. Contact the immediate supervisor and brief them of the incident. 6. Have the suspect transported to a medical facility for additional treatment if recommended by emergency medical personnel on the scene. 7. Immediately upon arrival at the Correctional Facility the officer shall notify a corrections staff member of the extent of the suspect s injuries and medical treatment given and provide the corrections staff with the suspect s medical release forms from the medical facility. E. Post Use of Force Investigation. 1. As soon as practical after an incident in which the use of force used has caused, or has the potential to cause injury, the officer shall: a) Photograph, or have photographs taken of any and all injuries and/or property damage. If possible, photograph all injuries prior to medical treatment. b) Identify and interview all witnesses at the scene. c) Identify and interview all Emergency Medical Personnel at the scene. d) Identify all police personnel involved in the incident. e) As soon as practical, seize all damaged clothing of the suspect and/or officer(s) injured in the use of force incident and submit them to Evidence. f) If possible obtain copies of medical records for treatment of injuries to the suspect and/or officer involved in the use of force incident. 5
F. Use of Force Report. In addition to all other reports written, all employee s involved in the use of physical force which injuries have occurred or the potential for injuries have occurred shall write a use of force report. A use of force report will be submitted by any employee, on duty or off duty in which the officer is acting in an official capacity and/or identify themselves as a Hillsboro police department employee and the incident necessitates the use of physical force. 1. The use of force report may cover, but not be limited to the following: a) Officer s vs. suspect s combative skill level if known b) Officer s age vs. suspect s age c) Officer s gender vs. suspect s gender d) Officer s vs. suspect s size and strength e) Multiple suspects f) Officer and suspects mental state g) Suspect s proximity to a weapon h) Officer s injury of exhaustion i) Officer s pre-existing disability j) Previous experience k) Special knowledge l) Terrain/Environment m) Confrontation at ground level n) Confrontation in area of Confinement o) The method of application of the temporary restraints. p) Any other factors, which the officer finds to be significant to the use of force incident. 6
2. Other information, which the officer(s) may deem pertinent, may also be included in the use of force report such as: a) All persons involved in the incident. This will include, but not be limited to officers, suspect(s), witnesses, emergency medical personnel, ambulance personnel, and hospital staff. b) A detailed description of the events leading up to the use of force. c) A detailed description of the suspect s verbal and/or physical actions prior to the use of force. d) A detailed description of the verbal commands given, the force used, including if any force/techniques, which were attempted but failed to control the threat. G. Review of Use of Force Report. 1. Officers shall submit a Use of Force report and all other reports related to the incident including CAD notes to their immediate supervisor. The officer shall discuss the report with their immediate supervisor. 2. The Use of Force report will be submitted to the officer s Division Commander through the chain of command (Sergeant, Lieutenant, and then Division Commander). Additionally, any supervisor may request a review of the report by any area of specialty (i.e. defensive tactics, firearms, K-9, etc.). Review by an area of specialty may not be necessary in all cases. 3. The Use of Force report will be returned to the writer if revisions are necessary. 4. The agency will conduct an annual analysis of use of force reports to assist in determining training needs, equipment upgrades, and/or policy modifications. H. Training Schedule. The Hillsboro Police Department shall provide in-service training specifically related to use of force techniques and procedures, legal updates, new case law and trends by a certified weapons instructor. This training shall be provided on an ongoing basis and at a minimum of 3 times per calendar year. Training and proficiency will be documented by the Training Division. Members unable demonstrate weapons proficiency will be provided remedial training prior to assuming official duties. The officer will work with a certified firearms instructor until minimum proficiency levels are attained. 7
The Oregon Department of Public Safety Standards and Training provides training, guidelines and options as to techniques that may be used in applying physical force to a threat. The Hillsboro Police Department Defensive Tactics training shall conform to the most current techniques taught at the Oregon Department of Public Safety Standards and Training Academy. The members of the Hillsboro Police Department Defensive Tactics program may opt to teach techniques in addition to those taught by the Oregon Department of Public Safety Standards and Training Academy. These techniques will be evaluated by the Defensive Tactics instructors as to their effectiveness and ability to be justified when properly used. All newly hired sworn officers shall be provided a minimum of 24 hours of defensive tactics training as part of their Hillsboro Police Department orientation. The training shall include instruction in policies pertaining to use of force. Instruction on these policies shall be documented in the officer s FTEP file. The 24 hours of training shall be in addition to the regularly scheduled Hillsboro Police Department In-Service training in defensive tactics and shall be completed prior to the new hire s appointment to full-time patrol duties. All personnel shall receive a department policy manual which contains General Orders pertaining to use of force. The issuance of the manual shall be documented. 8