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HomeMy WebLinkAboutPolicy 201 - Use of Force OSHKOSH POLICE DEPARTMENT POLICY AND PROCEDURE TITLE: USE OF FORCE POLICY SERIES: 201 Effective Date: January 1, 2022 Date Issued: December 27, 2021 Chief of Police: Dean Smith Date Signed: December 27, 2021 Ș¹¯­´§º»¸«Ɏµ´Ɏ¬¯²«șɎ Statutory References: §66.0511, §165.85(2)(c), §175.44, 939.22, 947.06, 2021 Wisconsin Act 48, 2021 Wisconsin Act 75 (which created §175.44) CALEA Standard: 1.2.10, 4.1.1, 4.1.2, 4.1.3, 4.1.4, 4.1.5, 4.1.6, 4.1.7 4.2.1, 4.2.2, 4.2.3, 4.2.4, 4.2.5, 4.3.1, 4.3.2, 4.3.3, 4.3.4, 26.3.7, 70.2.1, 70.3.2 WILEAG Standards: 6.3.8 Final Review Date: December 27, 2021 Review By: Command Staff / PSD Lieutenant Rescinds Policy Dated: September 11, 2020 SECTION DESCRIPTION 201.01 General Policy 201.02 Definitions 201.03 De-escalation 201.04 Defensive and Arrest Tactics System 201.05 Use of OC 201.06 Use of Conducted Electrical Weapons (CEW) 201.07 Use of Police Baton 201.08 Use of the K9 Unit 201.09 Use of Impact Munitions 201.10 Use of Chemical Agents and Distraction 201.11 Use of Deadly Force 201.12 Target Directed Specific Fire 201.13 Use of Restraints 201.14 Medical Treatment 201.15 Transport After a Use of Force Incident 201.16 Reporting of Use of Force Incidents 201.17 Investigation into the Use of Force 201.18 Training 201.19 Annual Review 201.01 GENERAL POLICY A. Skilled policing requires officers to work in ways that use reasonable amounts of force to gain control. Control of persons must be exercised to affect arrests and to protect the public safety. Control may be achieved through presence, dialog, control alternatives, protective alternatives or with the use of deadly force. Deadly force may not be used unless other reasonable alternatives have been exhausted or would clearly be ineffective or unsafe under the particular circumstances. An officer's use of force must: 1. Be lawful 2. Not be done in a malicious or sadistic manner. 3. Be objectively reasonable B. Law enforcement officers may use the appropriate level of force, as defined in the DAAT manual, when it is needed to achieve control in the following situations. 1. To achieve and maintain control of resistive subjects 2. To detain persons reasonably suspected of criminal behavior 3. To make lawful arrests, to defend themselves or others 4. To prevent escape C. Officers shall apply de-escalation techniques whenever possible. De-escalation may include but is not limited to: 1. Proportionality of response 2. Crisis recognition 3. Effective communication 4. Use of distance and cover 5. an immediate threat D. In situations of public demonstrations, officers will use the reasonable force necessary to ensure that those individuals wishing to demonstrate or voice their opinions do not violate the rights of the public or other property owners. 1 E. This policy is based upon the Defense and Arrest Tactics (DAAT) curriculum as developed by the Wisconsin Department of Justice Bureau of Training and Standards. F. The Supreme Court Case Graham v. Connor, 490 U.S. 386 (1989) determined that an objectively reasonableness standard should apply regarding an officers use of force. Wisconsin Act 75 (which created §175.44(2)(b)), when using force, a law enforcement officer is required to act in good faith to achieve a legitimate law enforcement objective. A law enforcement officer is authorized to use force that is objectively reasonable based on the totality of the circumstances. Both Graham v. Connor and Wisconsin Act 75 (§175.44(2)(b)), when determining use of force decisions, officers shall take into account the following: 1. The severity of the crime at issue; 2. Whether the suspect poses an imminent threat to the safety of law enforcement officers or others; and 3. Whether the suspect is actively resisting arrest or attempting to evade arrest by flight. G. Duty to Report Non-Compliant Use of Force 1. Per Wisconsin Act 75 (which created §175.44(3)), a law enforcement officer who, in the course of his or her law enforcement duties, witnesses another law enforcement officer use force that does not comply with the standards under §175.44(2) (b) or (c) in the course of that law enforcement officer's official duties shall report the noncompliant use of force as soon as is practicable after the occurrence of the use of such force. a. A written notification (separate from the incident report), using Appendix 103C Formal Employee Complaint Form, shall be made as soon as practicable directly to any Oshkosh Police Department Supervisor. (This written notification also applies to Officers on Task Forces working with other agencies and also while Officers are on calls of mutual aid outside of the jurisdiction of the City of Oshkosh.) b. The Supervisor will immediately notify Command Staff. 2 2. Per Wisconsin Act 75 (which created §175.44(3)), a person who intentionally fails to report a noncompliant use of force as required under par. (a) may be fined not more than $1,000 or imprisoned not more than 6 months or both. H. Duty to Intervene 1. Per Wisconsin Act 75 (which created §175.44(4)), a law enforcement officer shall, without regard for chain of command, intervene to prevent or stop another law enforcement officer from using force that does not comply with the standards under §175.44(2) (b) or (c) in the course of that law enforcement officer's official duties if all of the following apply: a. The law enforcement officer observes the use of force that does not comply with the standards under §175.44(2) (b) or (c). b. The circumstances are such that it is safe for the law enforcement officer to intervene. When considering safety factors, the law enforcement officer may consider the following: i. Is the officer in his or her jurisdiction?; ii. Is the officer in uniform or otherwise immediately identifiable as a law enforcement officer?; iii. Is the observed use of force in the context of an ongoing tactical situation?; iv. 2. Per Wisconsin Act 75 (which created §175.44(4)), a law enforcement officer who intervenes as required under §175.44(4)(a) shall report the intervention to his or her immediate supervisor as soon as is practicable after the occurrence of the use of such force. i. A written notification (separate from the incident report), using Appendix 103C Formal Employee Complaint Form, shall be made as soon as practicable directly to any Oshkosh Police Department Supervisor. (This written notification also applies to Officers on Task Forces working with other agencies and also while Officers are on calls of mutual aid outside of the jurisdiction of the City of Oshkosh.) 3 ii. The Supervisor will immediately notify Command Staff. Ɏ 3. Per Wisconsin Act 75 (which created §175.44(4)), a person who intentionally fails to intervene as required under par. (a) or intentionally fails to report an intervention as required under par. (b) may be fined not more than $1,000 or imprisoned not more than 6 months or both.Ɏ Ɏ 4. Per Wisconsin Act 75, Duty to Intervene applies to law enforcement officers when on-duty and when off-duty "only if the circumstances are such that it is safe for the law enforcement officer to intervene". If off duty, Officers shall follow Policy 109.14 Off Duty Arrest.Ɏ I. Whistleblower Protections 1. Per Wisconsin Act 75 (which created §175.44(5)), no law enforcement officer may be discharged, disciplined, demoted, or denied promotion, transfer, or reassignment, or otherwise discriminated against in regard to employment, or threatened with any such treatment, because the law enforcement officer reported, or is believed to have reported, any noncompliant use of force as required under §175.44(3) or (4); intervened to prevent or stop a noncompliant use of force as required under §175.44(4); initiated, participated in, or testified in, or is believed to have initiated, participated in, or testified in, any action or proceeding regarding a noncompliant use of force; or provided any information, or is believed to have provided any information, about noncompliant use of force as required under §175.44(3) or (4). J. The Oshkosh Police Department does not train the vascular neck restriction and its use is prohibited. 201.02 DEFINITIONS A. Active Countermeasures A series of punches, blocks and kicks designed to create a temporary dysfunction of an actively resistive or assaultive subject. B. Active Resistance efforts and which creates a risk of bodily harm to the officer, subject, and/or other persons. 4 C. Alternative Restraint Device A device, such as a hobble or flex cuffs used in place of or in addition to handcuffs to restrain a subject. D. Assaultive Behavior - Direct actions or conduct that generates bodily harm. E. Bodily Harm as defined in §939.22(4) Wisconsin Statutes, means physical pain or injury, illness, or any impairment of physical condition. F. Choke Hold the intentional and prolonged application of force to the throat, windpipe, or carotid arteries that prevents or hinders breathing or blood flow, reduces the intake of air, or reduces blood flow to the head. The use of a chokehold is only authorized when deadly force would be considered reasonable. G. Command Officers - Rank of Captain and above. H. Compliance Hold - A defensive tactic technique used to gain control of a subject who is offering passive resistance. I. Continued Resistance - Maintaining a level of counteractive behavior that is not controlled by an . J. Deadly Force - The intentional use of a firearm or other instrument that creates a high probability of death or great bodily harm. K. Decentralization - Directing a combative or uncooperative person to the floor or ground in order to gain control. L. Defensive and Arrest Tactics - A training program for law enforcement that is a system of verbalization skills coupled with physical alternatives. M. Equipment 1. Baton - An intermediate defense weapon. Department issued baton is the 26 inch straight wooden baton with rounded ends. The Department has also approved the ASP 16, 21 or 26 inch expandable baton. No alterations 5 of the baton shall be allowed without the approval of the Chief of Police or his designee. 2. CS (Orthochlorobensalmalononitrile) - Chemical agent designed to produce a burning sensation and tears in the eyes, coughing and breathing difficulty. 3. Conducted Electrical Weapon A less lethal force weapon utilized by trained personnel that causes Neuro-Muscular Incapacitation (NMI) to a combative or potentially combative subject. The use of this device is intended to incapacitate the subject with a minimal potential for causing death or great bodily harm. The Oshkosh Police Department approved Conducted Electrical Weapons are the X26 Taser and the X26P Taser, both with 21-foot wire cartridge (grey blast doors). 4. Distraction Device - A device that produces a loud report and brilliant flash designed to disorient and distract a subject. 5. Flex Cuff - A plastic temporary handcuff device. Authorized flex cuffs are equipped with a metal retaining tooth. 6. Handcuffs - Department issued handcuff will be the Peerless Hinged Handcuffs. Officers may elect to purchase and use the standard Peerless handcuffs with ten-ounce chain or the Smith and Wesson model 100 handcuffs or others as approved by the Chief of Police. 7. Hobble A polypropylene webbed belt with bronze snap at one end and the other end inserted through a jawed alligator clip, and used to secure prisoners transported in a vehicle in an upright position by securing the hands/ankles/feet and reduces the ability to kick out windows and doors. 8. Oleoresin Capsicum (OC) - A natural substance that can cause involuntary closing of the eyes, coughing and a burning sensation to the skin. N. Great Bodily Harm - As defined in §939.22(14) Wisconsin Statutes, Injury which creates a substantial risk of death, causes serious permanent disfigurement, causes 6 permanent or protracted loss or impairment of the function of any bodily member, or organ, or other serious bodily injury. O. Impact Munitions - The following are extended range impact munitions authorized by our department: 1. 40 mm Foam Baton Round (Patrol and SWAT use) 2. 40 mm High Velocity Foam Baton Rounds (SWAT use). 3. 40 mm OC Impact Round (SWAT use) P. Intervention Options - An element of Disturbance Resolution in DAAT containing five modes in which an officer can intervene with a subject. Q. Law Enforcement Officer As defined in §165.85(2)(c), means any person employed by the state or any political subdivision of the state, for the purpose of detecting and preventing crime and enforcing laws or ordinances and who is authorized to make arrests for violations of the laws or ordinances that the person police officer, as defined in §175.42(1)(b). R. Less Lethal Force - The amount of force needed to incapacitate a subject while minimizing the chance of death or great bodily harm. S. Objectively Reasonable - The standard by which many actions of a police officer are judged; actions would be judged appropriate by a reasonable officer based on the totality of circumstances and the information known to you at that time. T. Officer/Subject Factors - Some of the criterion used in evaluating a subject and subject, how many officers are there compared to the number of subjects, as well as age, size, relative strength, and skill. U. Passive Resistance Non-compliant and non-threatening behavior. 7 V. Pressure Points - The trained application of pressure to the hypoglossal or mandibular angle nerves. The use of pressure points is comparable to the compliance hold on the Intervention Options. W. Reasonable Belief - The actor believes that a certain fact situation exists and such belief under the circumstances is reasonable, even though it may in fact be erroneous. X. Sanctity of Human Life - In serving the community, law enforcement officers shall make every effort to preserve and protect human life and the safety of all persons. Law enforcement officers shall also respect and uphold the dignity of all persons at all times in a nondiscriminatory manner. Y. Target-Specific Directed Fire Purposeful, controlled, sustained fire directed at a perpetrator who has caused or imminently threatens to cause death or great bodily harm to an officer or others, but whom the officer may not be able to clearly observe. 201.03 DE-ESCALATION A. De-escalation may take the form of scene management, team tactics, and/or individual engagement. Even when individual engagement is not feasible, de- escalation techniques including scene management and team tactics such as time, distance, and shielding, should still be used unless doing so would create undue risk of harm to any person due to the exigency/threat of a situation. B. De-escalation tactics and techniques are actions used by officers, when safe and feasible without compromising law enforcement priorities, that seek to minimize the likelihood of the need to use force during an incident and increase the likelihood of voluntary compliance. C. When safe and feasible under the totality of the circumstances, officers shall attempt to slow down or stabilize the situation so that more time, options and resources are available for incident resolution. 8 1. Officers shall conduct a threat assessment so as not to precipitate an unnecessary, unreasonable, or disproportionate use of force by placing themselves or others in undue jeopardy. 2. Team approaches to de-escalation are encouraged and should consider officer training and skill level, number of officers, and whether any officer has successfully established rapport with the subject. Where officers use a team approach to de-- escalate will be satisfied as long a overall approach. 3. Selection of de-escalation options should be guided by the totality of the circumstances with the goal of attaining voluntary compliance; considerations include: a. Communication - using communication intended to gain voluntary compliance, such as: i. Verbal persuasion, ii. Advisements and warnings given in a calm and explanatory manner (warnings given as a threat of force are not considered part of de-escalation.), iii. Clear instructions, iv. Using verbal techniques to calm an agitated subject and promote rational decision making, v. Avoiding language, such as taunting or insults, that could escalate the incident, vi. Considering whether any lack of compliance is a deliberate attempt to resist, rather than an inability to comply based on factors including, but not limited to: 1. Medical conditions 2. Mental impairment 3. Developmental disability 4. Physical limitation 5. Language barrier 9 6. Drug interaction 7. Behavioral crisis 8. Fear or anxiety b. Time i. Attempt to slow down or stabilize the situation so that more time, options and resources are available for incident resolution, 1. Scene stabilization assists in transitioning incidents from dynamic to static by limiting access to unsecured areas, limiting mobility and preventing the introduction of non- involved community members, 2. Avoiding or minimizing physical confrontation, unless necessary (for example, to protect someone, or stop dangerous behavior), 3. Calling extra resources or officers to assist, such as CIT or Less-Lethal certified officers. c. Distance i. Maximizing tactical advantage by increasing distance to allow for greater reaction time. d. Cover and concealment i. Utilizing cover and concealment for tactical advantage, such as: 1. Placing barriers between an uncooperative subject and officers, 2. Using natural barriers in the immediate environment D. The overall goal of de-escalation is to promote thoughtful resolutions to situations and to reduce the likelihood of harm to all persons involved. De- escalation is reviewed and evaluated under the totality of the circumstances present at the time of the incident. 201.04 DEFENSIVE AND ARREST TACTICS SYSTEM (DAAT) 10 A. The Oshkosh Police Department hereby adopts the Wisconsin Defensive and Arrest Tactics System (D.A.A.T.). This is a system designed for police officers for the primary purpose of gaining and maintaining subject control through the use of verbalization skills coupled with physical alternatives. This system includes the Disturbance Resolution Model Intervention Options, general guidelines defining the degree and type of force to be used in controlling suspects, including the use and application of handcuffs. All Oshkosh police officers shall receive documented biennial training on Defensive and Arrest Tactics and demonstrate proficiency. B. In applying the D.A.A.T. concepts: 1. An officer shall use only that amount of force that is objectively reasonable to effectively bring an incident under control, while protecting the safety of the officer and others in the performance of his/her law enforcement duties. 2. Once an officer has gained control of a suspect the officer must reduce the level of force to that which is needed to maintain control. 3. Officers shall move and transport all individuals with as much regard to C. DISTURBANCE RESOLUTION MODEL APPROACH CONSIDERATIONS Decision-Making Justification Desirability Tactical Deployment Control of Distance Relative Positioning Relative Positioning with Multiple Subjects Team Tactics Tactical Evaluation 11 Threat Assessment Opportunities Officer/Subject Factors Special Circumstances Level/Stage/Degree of Stabilization D. INTERVENTION OPTIONS Mode Purpose 1. Presence To present a visible display of authority 2. Dialog To verbally persuade 3. Control Alternatives To overcome passive resistance, active resistance, or their threats 4. Protective Alternatives To overcome continued resistance, assaultive behavior, or their threats 5. Deadly Force To stop the threat E. FOLLOW-THROUGH CONSIDERATIONS 1. Stabilize 2. Monitor/Debrief 3. Search 4. Escort 5. Transport 6. Turn-Over/Release F. APPROACH CONSIDERATIONS 1. During an initial approach to a disturbance the following three things need to be done: a. Make contact decisions b. Deploy resources c. Evaluate the threat level 2. Decision Making - Decision making considers whether the officer can legally contact the subject(s), and whether making contact is desirable. If the contact is not voluntary, and the officer does not have legal standing to initiate contact, the officer should not initiate an encounter. If intervention 12 would be tactically unwise without additional resources, it would not be desirable to intervene until those resources arrive. 3. Tactical Deployment - Tactical deployment is concerned with making decisions about an officer location and the location of additional officers in relation to the subject or situation. For example, if an unarmed subject who is making verbal threats to fight, officers should maintain an appropriated distance from the subject's hands and feet. If instead, the subject was armed with a knife, officers will need to stay even farther away. 4. Tactical Evaluation - During tactical evaluation officers shall assess the potential hazards in the contact, and decide how best to minimize them. If a tactical evaluation leads an officer to conclude that a situation is too dangerous to try to manage alone the officer should position themselves tactically and wait until sufficient backup arrives, unless the officers reasonably believes they must intervene immediately in order to prevent serious injury or death . During tactical evaluation officers shall assess whether the person presents a threat to the safety of themselves or others, and if so, to what degree. Many different factors should be considered to evaluate the degree of threat posed by the person, including threat assessment opportunities, officer/subject factors, special circumstances, and level/stage/degree of stabilization. G. INTERVENTION OPTIONS 1. Presence - Presence, reflects the fact that sometimes all that is needed to control a situation is the presence of an officer. The purpose of this mode is to "present a visible display of authority." 2. Dialogue - Dialogue, covers the range of tactical communication from very low-level questioning to very directive commands. The purpose of dialogue is to persuade subjects to comply with an officer's lawful directives or to deescalate potentially volatile situations. 13 3. Control Alternatives - Control Alternatives, includes a wide range of tactics and tools for controlling subjects. These are divided into four groups: escort holds, compliance holds, control devices, and passive countermeasures. This mode includes both empty-hand techniques such as applying an escort hold or directing a subject to the ground and tools such as Oleoresin Capsicum (OC) spray, and electronic control devices (ECDs). The common thread is that all these tactics and tools are used to control subjects who are resisting or threatening to resist. 4. Protective Alternatives - Protective Alternatives, include tactics and tools to protect an officer while also overcoming continuing resistance and/or assaultive behavior. The tactics include focused strikes that temporarily di can cause an immediatethough temporary behavior and the use of baton strikes to impede a subject. The purpose is not only to control the subject, but also to protect the officer. 5. Deadly Force - Deadly Force, represents the highest level of force available to law enforcement officers. The purpose is to stop the threat of death or serious physical injury to the officer or others. H. FOLLOW-THROUGH CONSIDERATIONS 1. Follow-Through Considerations refer to the actions an officer takes after a use of force. Once a subject is in custody officers well-being. Once control of a subject has been achieved the follow-through procedures below shall be followed: a. Stabilize b. Monitor/Debrief c. Search d. Escort e. Transport f. Turnover/Release 14 2. Stabilize - Stabilizing ensures the subject is under control and does not pose an imminent threat to the officer (s) or civilians. Stabilizing may mean applying handcuffs or other restraints. 3. Monitor/Debrief When monitoring a subject officers shall remain aware and watchful throughout the contact, until that person is no longer under your control. Debriefing serves to bring the level of contact to a more normal status. Debriefing allows everyone to return to calmer status and to re-establish verbal interaction. Officers shall conduct an initial medical assessment and gauge the need for medical care for the subject. 4. Search - A thorough search "incident to arrest" is crucial to ensure that the arrested person does not have any weapons concealed on his or her person. 5. Escort The subject may need to be escorted to another location such as; to a vehicle for transport. Officers must remember your custodial responsibility and stay alert, continuing a threat assessment. 6. Transport - Officers may need to transport a subject in a vehicle such as; to a hospital, to jail, or somewhere else. 7. Turnover/Release This covers the process of removing a subject from an control. This occurs when a subject is turned over to jailers, other adults, hospitals, or released on their own. 201.05 USE OF OC AEROSOL A. OC aerosol will be authorized for sworn Officers, Community Service Officers, and Auxiliary Officers of the Oshkosh Police Department, after they have completed the four-hour State of Wisconsin training program and departmental training on the Use of Force policy. 1. Officers, Community Service Officers, and Auxiliary Officers shall carry the department issued OC canister unless approval is granted otherwise by the Chief of Police. 15 2. Community Service Officers and Auxiliary Officers shall not be permitted to carry the departmental issued OC canister when not working for the department. B. OC is placed on the Intervention Options at the Control Alternatives level and requires active resistance or the threat of active resistance from the subject to be used. Officers must remain cognizant of uninvolved persons in the area and take every effort to avoid cross-contamination when using OC. C. If an Officer/CSO/Auxiliary Officer is threatened with OC, the Officer/CSO/Auxiliary Officer must consider the person's intent and options avail- able, including disengaging to a safe distance, receiving assistance from other officers, blocking or turning away from the spray or placing items between themselves and the threat. 1. When a sworn officer reasonably believes OC will be used against him/her and the attack cannot be avoided, the options listed above should be employed. OC in itself is not a deadly force threat and officers will have to articulate their response if deadly force is used. The officer must meet the same requirements as with any other deadly force situation. D. Decontamination of persons exposed to OC must be accomplished as soon as possible and done according to Department training. Exposed persons must be monitored until they have recovered. Officers shall obtain medical attention for the suspect if the exposed person has not recovered within 45 minutes of being exposed with OC. E. OC is the only chemical agent approved for individual use during routine duties. It must be carried by all qualified on-duty officers when armed, unless undercover investigations make it not feasible to do so or as approved by the Chief of Police or his designee. A use of force entry into Blue Team and an incident report shall be completed whenever OC is used on a person. 201.06 USE OF CONDUCTED ELECTRICAL WEAPONS 16 A. Conducted Electrical Weapons (CEW)Ɏ are placed at the level of Control Alternatives on the Intervention Options. The Conducted Electrical Weapons used by the Oshkosh Police Department are the X26 and X26P TASER Systems. B. All Patrol Division personnel at the rank of police officer and School Resource Officers shall carry a TASER while on duty and participating in their primary job assignment. C. All other trained sworn personnel may carry the TASER while on duty and when a unit is available. D. Officers shall wear the TASER on their duty belt on the side opposite their firearm to help avoid weapon system confusion. E. The TASER may be used to overcome active resistance or its threat, or when a person poses a threat of harm to officers or others and unarmed tactics have been exhausted or would be ineffective or unsafe given the circumstances known to the officer at the time. F. Passive resistance by a subject without words or actions showing intent to physically resist or to harm the officer or others does not permit the use of the TASER. The criterion for employment of Conducted Electrical Weapons focuses on physical, non-compliant behavior. Ɏ G. Generally, conducted electrical weapons should not be used against: 1. Subjects using only verbal aggression 2. Subjects running away unless the officer is taking them into custody 3. Children 4. Elderly 5. Subjects engaged in passive resistance or peaceful civil disobedience 6. A female known to be pregnant 7. Subjects in elevated positions 8. Subjects in bodies of water 9. Subjects who received three consecutive cycles or for a period longer than the 15 second safety threshold 17 H. When a person poses a risk of harm only to themselves TASERs shall not be used unless the subjects behavior creates a risk of death or great bodily harm to their own life and the TASER may be effective in gaining control of the person. I. The deploying officer will complete a use of force entry into Blue Team and an incident report whenever the TASER is used on a person. The TASER will be taken offline after each field use and will Ɏ not be re-deployed or used in the field again until the internal data from the TASER is downloaded into the appropriate computer. a. Accidental Cartridge Discharge - In the event of an accidental TASER cartridge discharge, the officer shall immediately notify a supervisor. The supervisor shall reasonably investigate the incident and prepare a written memo documenting the incident and submit it to the appropriate Bureau Captain. J. Generally officers should not use a arc display as show of force in order to deter a subject(s) unless officers feel it necessary for their safety. K. Officers/Supervisors shall secure a used TASER in a designated locker and notify the Professional Development Sergeant as soon as possible after each use. The Professional Development Sergeant shall download the stored data from the used TASER into Evidence.com.Ɏ L. Officers will make a determination regarding the need for lethal cover in each instance that Conducted Electrical Weapons are deployed. Lethal cover should be provided in all cases that the suspect possesses a weapon. M. Deploying officers should make every effort to notify other officers on the scene that the TASER is being deployed. N. Officers shall not use deadly force in reaction to another officer firing the TASER. O. Officers who use a TASER against a person shall ensure the person is monitored for injury as soon as practical after the person is under control. Officers will ensure that the person subjected to the use of a Conducted Electrical Weapon is treated at 18 the appropriate medical facility and obtain medical clearance, or a signed refusal for medical treatment form from the medical facility, before being taken to jail. Ɏ P. If the probes are imbedded in sensitive tissue areas, such as neck, face, groin, or female breast, the probes shall be removed by a trained medical professional. If the probes are imbedded in other non-sensitive tissue areas, an officer may remove them according to trained removal procedures. Q. Deployed TASER probes should be reinserted into the cartridge and disposed of in an appropriate refuse container as trained. If the TASER deployment resulted in serious injury or death the TASER probes and cartridge shall be placed in evidence in compliance with Policy 142 Property Handling. R. In incidents where the TASER was less than effective and deadly force is used the cartridge, wires and probes shall be placed into evidence. S. probe impact site, unless extenuating circumstances prevent it. T. Officers authorized to use the TASER shall receive annual recertification training from a certified TASER instructor in this use of force delivery system. Storage, maintenance, and daily assignment routines will be outlined in the certification and refresher training programs. The Professional Development Sergeant is responsible for the routine maintenance of all TASER used by the Department. 201.07 USE OF POLICE BATON A. Police batons are placed at the level of Protective Alternatives on the Intervention Options. The baton shall be worn in a holder on the belt opposite the firearm. Officers must be qualified in the Defensive and Arrest Tactics System before carrying or using the baton. B. The Department issued baton is the 26 inch straight wooden baton with rounded ends. The Department has also approved the ASP 16, 21, or 26 inch expandable baton. No alterations of the baton shall be allowed without the approval of the Chief of Police or designee. 19 C. The target areas for the baton are the elbow area, knee area and the lower abdomen. Intentionally striking an individual above the shoulders is prohibited, except in deadly force situations. If an accidental or unintentional striking of a person above the shoulders occurs, the officer must seek immediate medical attention for the injured person and document the circumstances in his/her report. D. All uniformed Oshkosh Police Officers and School Resource Officers must carry departmental authorized batons while on duty and participating in their primary job assignment. E. Officers who strike an individual with a baton shall complete and entry in Blue Team and an incident report. 201.08 USE OF THE CANINE UNIT A. The use of a Canine is considered an intermediate use of force option and is placed at the same level as the baton and impact munitions on the Intervention Options. B. The presence of the Canine does not constitute a use of force. Only if the Canine is actively utilized is it to be considered a use of force and the handler will be responsible for completing a use of force entry in Blue Team and an incident report. C. The Canine can only be used under the guidelines outlined in Policy 220, Canine Unit. 201.09 IMPACT MUNITIONS A. Impact munitions may be used to control a violent subject and reduce the need to escalate to a higher force option. Impact munitions have been placed within the protective alternative level, the same as the baton on the Intervention Options when deployed at the appropriate target areas. Impact munitions should be considered an application of deadly force when they are fired at the head, neck or throat. B. All Officers who have successfully completed biennial training are authorized to utilize impact munitions while on-duty. 20 C. The Department shall use 40mm Foam or Frangible Baton Impact Munitions in the dedicated munitions launchers. Only devices authorized by the Chief of Police are allowed. 1. Used by SWAT: a. CTS 4556OC 40mm Frangible Baton Round b. CTS 4557HV 40 mm (High Velocity) Foam Baton Round c. CTS 4557 40 mm Foam Round 2. Used by Patrol: a. CTS 4557 40 mm Foam Round D. Several factors need to be taken into consideration when deploying impact munitions against an individual. These considerations include, but are not limited to: 1. Officer-Subject factors. a. Size of suspect and officer b. Number of suspects and officers c. Age of suspect d. Whether or not the suspect appears to be pregnant 2. Facts of the incident known to the officer at the time. 3. 4. Psychological state of the subject at the time of the incident. 5. Level of force appropriate and necessary to resolve the incident safely. E. control, the force used must be reduced to the level needed to maintain control. F. Munitions will be stored and the proper safety check done as outlined in the training lesson plan. 21 G. Upon arrival on scene, the Officer who has an impact round launcher on scene shall announce its presence over the radio. H. Deploying officers should make every effort to notify other officers on the scene that less lethal rounds are being deployed. Officers shall not use deadly force in reaction to the less lethal officer firing impact munitions. All officers need to make their own determination on the use of deadly force at the time of the incident. I. Photographs shall be taken of any apparent injuries or the area impacted on any subject, even if there are no visible signs of injury. J. Photographs shall be taken of the used munitions and they shall be collected as evidence. K. Any subject exposed to impact munitions shall be medically evaluated when the subject is taken into custody. However, we recognize that some munitions are designed to disperse crowds and subjects may not be taken into custody. Under these and other circumstances, the officers must articulate why subjects were not taken into custody and why the department was unable to offer medical attention. L. A use of force entry in Blue Team and an incident report shall be completed whenever impact munitions are deployed and launched at a person. Pointing of an Impact Munition is not considered a use of force. 201.10 CHEMICAL AGENTS AND DISTRACTION DEVICES A. The use of launchable OC munitions or chemical agents and distraction devices shall be limited to Department officers who have received specialized training in the use of these munitions, and the use has been approved by the SWAT Leader, Mobile Field Force Leader or Command Officer. Only devices authorized by the Chief of Police are allowed. B. These devices should be used only after other reasonable means available to achieve objectives have been exhausted. 22 C. When deploying during a crowd control situation the commanding officer shall declare to the crowd that it is an unlawful assembly, in accordance with §947.06 Wisconsin Statutes, before launchable OC munitions, chemical agents or distraction devices are deployed. This announcement will be video or audio recorded. An avenue of escape for the assembly shall be maintained. D. The use of launchable OC munitions, chemical agents, and distraction devices in the immediate vicinity of hospitals or other institutions that contain ill, elderly persons or infants presents additional safety concerns. Such persons should be advised to shelter in place or evacuate before these munitions are deployed, if possible. E. A use of force entry into Blue Team and an incident report shall be completed whenever launchable OC munitions, chemical agents or distraction devices are used. 201.11 USE OF DEADLY FORCE A. Per Wisconsin Act 75 (which created §175.44(2)(c), law enforcement officers are authorized to use deadly force: 1. As a last resort when the law enforcement officer reasonably believes that all other options have been exhausted or would be ineffective, and; 2. To stop behavior that has caused or imminently threatens to cause death or great bodily harm to the law enforcement officer or another person, and; 3. If both practicable and feasible, a law enforcement officer shall give a verbal warning before using deadly force, and; 4. As a final alternative to stop a fleeing felon (3«´´«¹¹««Ɏ¼ȌɎ&§¸´«¸) when: a. deadly force is necessary to prevent the escape and; b. the officer has probable cause to believe that the suspect poses a significant threat of death or serious injury to the officer or others. B. Warning shots from a firearm shall not be used. 23 C. The use of a chokehold is not a trained technique and shall be considered a use of deadly force. D. Officers shall not shoot a firearm at or from a moving vehicle, or in the presence of innocent bystanders, unless the suspect(s) actions pose a greater danger than 1. Some considerations in firing at a vehicle are the possible minimal effects of the fired rounds, the possibility of ricochet, reduced accuracy, the consequence of vehicle movement with an incapacitated driver, and the absence of an escape route. E. Officers must make every reasonable effort to identify, acquire and isolate a suspect target before using deadly force, especially when innocent bystanders are bystanders unless there is a greater danger of death or great bodily harm to innocent bystanders if the officer does not act. F. The pointing of a firearm constitutes a reported use of force. When a weapon is pointed at a person or discharged at or in the direction of a person, the incident shall be documented in a use of force entry in Blue Team and in an incident report. 201.12 TARGET SPECIFIC DIRECTED FIRE A. Target-specific directed fire is an application of deadly force that may be appropriate in certain limited situations. The purpose of target-specific directed fire is to stop the threat when no other reasonable course of action would allow officers to perform a rescue, escape from danger or otherwise prevent death or great bodily harm. B. Before using target-specific directed fire, officers must meet the imminent threat criteria (intent, weapon, delivery system) and preclusion requirement. C. Officers need to identify the target as the correct target by observing clear suspect himself. 24 D. Officers must isolate the target by knowing the perpetrator is alone in the location or that other people are not at risk from shots fired, or must satisfy the greater danger exception. When these criteria are met, officers deliver sustained fire at the task, thereby stopping the threat (or at least preventing the perpetrator from firing at officers). 201.13 USE OF RESTRAINTS A. All persons taken into custody shall be handcuffed unless the person has a physical condition that prevents the application of handcuffs. In those cases an alternative restraint device described in this policy should be used. In such cases where handcuffs are not used, two officers, who were not directly involved in the use of force, will be required in the Department vehicle during the transport. Officers must document within their incident report anytime they do not handcuff a person and the reason handcuffs were not applied. B. Physical force shall not be used against individuals in restraints, except as objectively reasonable to prevent their escape or prevent imminent bodily injury to the individual, the officer, another person, or property damage. In these situations, only the minimal amount of force necessary to control the situation shall be used. C. Officers may use handcuffs in non-arrest situations including emergency detentions or temporary detentions in situations where it is necessary to establish control of the person or persons. D. Handcuffs used during a custodial arrest are to be applied as soon as possible and generally before a search. Handcuffs must be checked for tightness and safety locked, as soon as possible. Handcuffs shall be applied behind the subject's back, unless the officer is able to articulate a justifiable reason not to do so. How the handcuffs were applied 1. After any contact involving a possibility of illness or injury you must conduct an initial medical assessment to find out if the subject requires medical care. 25 a. Determine level of consciousness, using verbal or physical stimulus; b. Check airway, breathing, and circulation; c. Perform a body check for injuries; d. Provide any necessary treatment to your level of training, and if needed (or the subject requests it), activate the emergency medical system; e. Continue to monitor and remain with the subject until he or she is turned over; i. When handcuffing and restraining the person in the prone torso. Officers shall not hog-tie the person and shall not permit the person to lie in the prone position for an unreasonable amount of time. Officers shall roll the person on his/her side or sit them up. 5. Any arrested person shall be searched before he/she is transported. If an arrested person is handed off to another officer that officer shall re-search the arrested person prior to transport. 6. Alternative or Additional Restraint devices may include: 1. The hobble: a. Is used to secure the hands and/or ɎɎ feet of a violently-resisting person; b. Must not be tied or secured Ɏ to parts of the squad or locked into the squad door, but may be secured to handcuffs. c. Requires monitoring throughout the transport for possible injuries; d. Shall never be used to carry a prisoner. e. Prisoners with the hobble applied must be transported in the sitting or upright position and not on their stomach, back or sides. 2. Flex cuffs are to be used: a. When multiple prisoners exceed the number of handcuffs available; 26 b. Because a prisoner's size prevents the use of handcuffs. c. During mass arrest situations. d. To secure the feet of violently resisting persons. e. Whenever flex cuffs are used, they shall be monitored for tightness. A cutting tool shall be readily available. 201.14 MEDICAL TREATMENT A. Officers must evaluate all persons who are handcuffed or subjected to force for any possible injuries or medical conditions and attend to those injuries or medical conditions immediately, as soon as safe to do so. B. As soon as reasonably possible officers shall provide appropriate medical aid consistent with his or her training to any individual who has visible injuries, is unconscious, complains of being injured, requests medical attention or medical distress is apparent. This may include: 1. Providing first aid; 2. Requesting emergency medical services; and/or 3. Arranging for transport to an emergency medical facility. C. An officer who was not directly involved in the use of force will accompany any prisoner if an ambulance is used to transport to a medical facility. The officer must describe any injuries and whether treatment was received or refused in an Incident Report. D. In the event that persons display signs of a medically significant behavior including but not limited to Excited Delirium, the transport of the person to the hospital shall be done by ambulance. E. Behavioral clues of Excited Delirium are: 1. Intense Paranoia 2. Extreme Agitation 3. Screaming 4. Violent Behavior 5. Running Wildly 27 6. Loud Speech 7. Naked / Disrobing 8. Psychotic Appearance 9. Mood Swings 10. Disoriented 11. Superhuman Strength 12. Endless Endurance 13. Muscle Rigidity 14. Insensitive to Pain 15. Hallucinating 16. Resists Violently 17. Resists After Restrained 18. 1000 Yard Stare 19. F. Excited Delirium is a medical emergency and officers should use the 5 Step Action Plan. 1. Quickly and safely capture the person. 2. Quickly and safely control the person. When handcuffing the suspect in the prone position, officers should avoid putting pressure on the torso. 3. Restrain the person. Do not hog-tie and do not permit the person to lie in the prone position for an unreasonable amount of time. Roll the person on his/her side or sit them up. 4. Provide information to medical personnel regarding observations of the person. 5. Immediately transport by ambulance to a medical facility. Do not transport in squad. 201.15 TRANSPORT AFTER A USE OF FORCE INCIDENT 28 A. Officers will follow Policy 205.08 Transport for Medical Treatment and Policy 205.14 - Transport After a Use of Force Incident. 201.16 REPORTING USE OF FORCE INCIDENTS A. A written Incident Report is to be completed for any use of force. In addition to the written Incident Report, Department personnel must complete a use of force entry into Blue Team and route it to a Lieutenant (or their designee) prior to the end of their work assignment when their use of force: 1. Results in injury to an officer, citizen or both, or; 2. Use of force involves OC, discharge of a Conducted Electrical Weapon (TASER), Intermediate weapons, and the pointing or discharging of a firearm (except for training, recreational use, or animal euthanasia). a. If a firearm is utilized for animal euthanasia, Officers shall notify a Supervisor prior to discharging their firearm. Officers shall activate their Body Worn Camera during the incident and shall create a short form CAD report to document the firearm discharge, using proper disposition codes. No Blue Team entry will be needed and no Use of Force Review will occur. B. The State of Wisconsin requires a submission through Badger TraCS anytime the following occurs: 1. An arrest related or in custody death. 2. A use of force related death. 3. A serious bodily injury that occurred to a subject as a result of a Use of Force 4. The discharge of a firearm in the direction of a subject that did not cause harm. C. Supervisor Responsibilities : 1. Enter all supporting information into Blue Team including incident reports, CAD printouts, body worn camera video footage links and photographs. 29 2. In the event the use force was a Taser deployment the Blue Team report shall be forwarded to the Professional Development Sergeant, who will add the Taser Records and provide a brief interpretation of those records and return the Blue Team Report to the supervisor. 3. Conduct a review of all use of force incidents to determine compliance with department policy. a. The use of force should generally be reviewed by a Lieutenant unless circumstances make it unreasonable to do so. b. Once the use of force review is completed by a Lieutenant it should be routed in Blue Team to the Operations Bureau Captain. 4. The initial reviewing supervisor shall notify the Operations Captain upon receiving a use of force review in Blue Team. 5. Complete responsibilities identified in Appendix 169 B when death or great bodily harm occurs involving a subject that is in custody or as a result of a use of force. 6. Contact the Operations Captain or other member of the Command Staff as soon as practical when great bodily harm or death results from the use of force. D. Operations Bureau Captain Responsibilities: 1. Conduct a review of all use of force incidents to determine compliance with department policy. 2. If the use of force does not comply with policy the Operations Captain shall notify the Chief of Police and an internal investigation shall be conducted in accordance with Policy 103 Internal Affairs Investigations. 3. After the Operations Bureau Captain completes his/her review, the use of force is forwarded to IA Pro where it is maintained by the Professional Standards Division Lieutenant. 30 4. Whenever an incident occurs that must be reported to the State of Wisconsin the Operations Captain shall coordinate with the Professional Development Sergeant to ensure the report is submitted. If there are no applicable incidents the Operations Captain shall request the Professional Development Sergeant complete a monthly notification to the State of Wisconsin indicating zero incidents occurred. 201.17 INVESTIGATION INTO THE USE OF FORCE A. When a use of force causes death or great bodily harm, or involves the discharge of a firearm towards an individual the involved officer(s) will be placed on Administrative Leave or Modified Work Assignments by the Chief of Police until an internal review is completed. The Chief of Police will determine which status is appropriate based on the facts of the situation and will determine when, or if, the involved officer(s) will be returned to full duty status. Allegations of improper use of force shall be investigated in accordance with Policy 103, Internal Affairs Investigations. 201.18 TRAINING A. The Professional Development Sergeant shall ensure the following:Ɏ Ɏ 1. All sworn department personnel, and community service officers (CSOs) receive Policy 201 Use of Force, as well as receive instruction in the provisions of the policy before being authorized to carry any weapon as a police officer, or OC as a CSO. 2. All sworn officers receive annual in-service training on this policy. 201.19 ANNUAL REVIEW A. The Professional Standards Division Lieutenant shall conduct an annual analysis of all reported use of force activities, policies and practices. This analysis shall identify: 1. Date and time of incidents; 2. Types of encounters resulting in use of force; 31 3. Trends or patterns related to race, age, and gender of subjects involved; 4. Trends or patterns resulting in injury to any person, including employees; 5. Impact of findings on policies, practice, equipment, and training; and 6. Any other relevant data identified B. The Professional Standards Division Lieutenant shall also complete an annual review of all assaults on law enforcement officers to determine trends or patterns, with recommendations to enhance officer safety, revise policy, or address training issues. C. A summary of annual use of force data shall be posted to t website. 32