University of Colorado Denver Police Department Standard Operating Procedure

Use of Force and Force Paradigm Standard Operating Procedure Number 506 Related Procedures: 105-Department Notification Protocol, 118-Investigation
of Firearm Discharge Incidents, 119-Critical Incident Reviews, 120- Report Forms and Reporting Requirements, 507-Firearms Training, 508-Authorized Firearms and Ammunition, 509-Less Than Lethal Weapons Training, 510-Authorized Impact Weapons and Training, 511-Chemical Weapons and Training, 512Physical Force (KOGA)

Issued: September 14, 1994 Revised: March 2, 2009

Chief of Police

.01

Purpose The purpose of this procedure is to provide department members with specific guidelines for the application of force.

.02

Policy It is the policy of the Police Department that its officers shall use only that force which is reasonably necessary to effectively bring an incident under control, while protecting the lives and welfare of the officer or another.

.03 A.

Definitions Deadly Force: Deadly Force as defined in CRS 18-1-901 means force, the intended, natural, and probable consequence of which is to produce death, and does, in fact, produce death. Non-Deadly Force: Non-Deadly Force: is defined as any use of force other than that which is considered deadly force. This includes any physical effort used to control or restrain another, or to overcome the resistance of another. Reasonable Force: This term means that, in determining the necessity for force and the appropriate level of force, officers shall evaluate each situation in light of the known circumstances, including, but not limited to, the seriousness of the crime, the level of threat or resistance presented by the subject, and the level to the community. References A. B. C. CALEA Standards 1.3.1, 1.3.2, 1.3.3, 1.3.11, 1.3.12 IACP Model Police Use of Force Colorado Revised Statutes 18-1-704, 18-1-707 and 18-1-901 Procedure

B.

C.

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Use of Force and Force Paradigm

A.

Procedure 506

Authority: 1. As authorized in Colorado Revised Statues 18-1-704, and 18-1-707. A peace officer is justified in using reasonable and appropriate physical force upon another person when and to the extent that he reasonably believes necessary to defend himself or a third person from what he reasonably believes to be the use or imminent use of unlawful physical force by another; or to effect an arrest or to prevent the escape from custody of an arrested person. Use of Deadly Force: 1. A peace officer is justified in using deadly physical force upon another person for a purpose specified in subsection (1) of this section only when he reasonably believes that it is necessary to defend himself or a third person from what he reasonably believes to be the use or imminent use of deadly physical force or receiving great bodily injury, and he believes a lesser degree of force is inadequate or; To effect an arrest, or to prevent the escape from custody of a person whom he reasonably believes has committed or attempted to commit a felony involving the use or threatened use of a deadly weapon or; Is attempting to escape by the use of a deadly weapon or; Otherwise indicates, except through a motor vehicle violation, that he/she is likely to endanger human life or to inflict serious bodily injury to another unless apprehended without delay.

B.

2. 3. 4.

C.

Deadly Force Restrictions: 1. 2. 3. 4. 5. Except for maintenance or during training, a police officer shall not draw or exhibit his firearm unless circumstances create reasonable cause to believe that it may be necessary to use the weapon in accordance with this policy. Firearms should not be fired at or from a moving vehicle unless the use of a firearm immediately neutralizes the threat. Firearms should not be discharged when the likelihood exists that an innocent person may be injured, unless the officer reasonably believes failing to do so will result in a greater threat to life. Warning shots are prohibited. A police officer may also discharge a weapon during firearms training or competition events, off-duty range practice or legal hunting; or to destroy an animal that represents a threat to public safety, or as a humanitarian measure where the animal is seriously injured.

D.

Use of Non-Deadly Force: 1. 2. Where deadly force is not authorized, officers should assess the incident and select the non-deadly weapon or technique with which they can best de-escalate and bring the incident under control in a safe manner. Officers are authorized to use department approved, non-deadly force techniques and issued equipment for the resolution of incidents as follows; to protect

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Use of Force and Force Paradigm

Procedure 506

themselves or others from physical harm; or to restrain or subdue a resistant individual; or; to bring an unlawful situation safely and effectively under control. E. Force Paradigm: 1. The Use of Force Paradigm uses a model, which requires the selection of the least amount of force necessary to resolve the situation. The officer relies on reasoned discretion to determine the force necessary to control the situation. The option chosen by the officer depends on many factors, but is generally dependant on the amount of resistance offered by the suspect. Depending on the situation, the officer is trained to select the appropriate force option, if the situation changes the officer is trained to re-evaluate the situation and choose a more appropriate force option based on his training and experience and the ability to justify the force used. The use of force paradigm recognizes there are differences between the different levels of force, these are divided into the general levels outlined below;

2.

a. b. c. d. e.

Officer Presence - The mere presence of an officer in the area or on scene of a situation often brings compliance from individuals. Verbal Commands - The orders/instructions given by an officer, and the tone of voice used, will often be effective in bringing individuals into compliance and gaining control of situations. Physical Hand Control - The use of hands to gain compliance. This can be as simple as lightly touching a person to guide them away, or as complex as pain compliance control holds. Intermediate Weapons - The use of chemical/organic propellants, or impact weapons to defend themselves or another against physical harm. Deadly Force - The force used which is reasonably capable of causing death. This includes the discharging of a firearm, certain uses of an impact weapon,

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Use of Force and Force Paradigm

Procedure 506

3.

4.

use of a carotid control, use of an edged weapon, or the intentional ramming of a vehicle being pursued. This department does not permit the use of any carotid control except when the officer is met with violent resistance and lesser means have been tried unsuccessfully, or are not feasible, or it is a justifiable deadly force situation. a. The carotid control hold is a higher level of force with more inherent risks than other weaponless control techniques; therefore a greater standard of care is required in its use. b. Officers may utilize the carotid control hold when they are met with violent resistance. This method should be used when lesser means have been tried unsuccessfully or lesser means are not feasible. In every case where the carotid control hold has been applied, EMS or fire department rescue will be summoned to examine the individual, whether they have been rendered unconscious or not. Officers will inform rescue personnel of the hold applied and whether or not the individual lost consciousness. Under no circumstances will arrestees who have had a carotid control hold applied to them be placed in Police Department holding cells until they have been examined and medically cleared. In cases where the individual is incarcerated, detention personnel will be informed that a carotid control hold was applied and whether or not the individual lost consciousness. It shall be noted here that the officer confronted with a situation is not required to exhaust all levels of the force continuum. It is recommended that officers enter situations at the most reasonable level of force necessary for their safety and for the safety of others. Each officer will be required to justify the circumstances and perceptions that required them to use the level of force they chose.

F.

Training: 1. All uniformed staff are required to maintain minimum qualification and proficiency standards for all weapons and control techniques they are authorized to use/carry by the police department.

G.

Reporting incidents where force is used: 1. Per SOP 120 (Department Report Forms and Reporting Requirements), all incidents where force is used or any incident where a person is injured as a result of contact with a member of the police department will be documented on the appropriate police department report form. All incidents where force is used will be reported to the Deputy Chief/Chief of Police as outlined in SOP 105 (Department Notification Protocol)

2.

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