Wiki source code of AE 01 Use of Force

Version 2.1 by Ryan Larkin on 2016/09/02 20:29

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Ryan Larkin 2.1 1 **Washington County Sheriff's Office**
2
3 **ADMINISTRATIVE DIVISION**
4
5 Policy Manual
6
7
8 Volume:
9
10 Use of Force
11
12 Chapter:
13
14 AE 01
15
16 Use of Force
17
18
19 Replaces and/or Supersedes:
20
21 PJ 40, PJ 41, PJ 42, PJ 44a, PJ 44b, PZ 201
22
23 Published:
24
25 08/31/2009
26
27 Review Date:
28
29 08/31/2010 County Commission
30
31
32 Sheriff Kirk Smith County Attorney's Office
33
34 Undersheriff Jake Adams
35
36
37 **__TABLE OF CONTENTS__**
38
39 AE 01_101 Distribution
40
41 AE 01_102 Definitions
42
43 AE 01_103 References
44
45 AE 01_104 General
46
47 AE 01_105 Appropriate Level and Form of Force
48
49 AE 01_106 Use of Weapons and Control Devices
50
51 AE 01_107 Deadly Force
52
53 AE 01_108 Animals
54
55 AE 01_109 Medical Follow-up
56
57 AE 01_110 Justification and Documentation
58
59 AE 01_111 Verbal Warnings
60
61 AE 01_112 Warning Shots
62
63 AE 01_113 Video Recording
64
65 AE 01_114 Sample Force Decision Wheel
66
67
68 **AE 01_101 __DISTRIBUTION__**
69
70 1. Standard distribution
71
72
73 **AE 01_102 __DEFINITIONS__**
74
75 1. WCSO: Washington County Sheriff's Office
76 1. PCF: Purgatory Correctional Facility
77 1. Force: Physical or mechanical exertion to overcome or restrain an individual against his/her will.
78 1. Deadly Force (a.k.a. Lethal Force): Any force that is reasonably likely to cause death or serious bodily injury.
79 1. Force Decision Wheel: A guide for application of force which provides staff an array of force options to control or subdue prisoners. The force wheel does not require incremental steps. Instead, it guides the level of force to be appropriate and specific to the need for force to be used.
80 1. Restraint Device: Any device used to secure or control the hands, arms, feet, legs, head, or torso of a prisoner.
81
82
83 **AE 01_103 __REFERENCES__**
84
85 1. Utah Counties Insurance Pool:
86 11. ML-IV.A.1.
87 1. Utah Sheriff's Association Jail Standards:
88 11. F05.01.01: Written Use of Force Policies and Procedures Required
89 11. F05.01.02: Use of Force Policy Content
90 11. F05.02.01: Purpose of Use of Force
91 11. F05.02.02: Use of Deadly Force
92 11. F05.02.03: Prohibited Use of Force
93 11. F05.04.01: Medical Examination and Treatment Following Use of Force/Restraint
94 11. F05.04.02: Documentation Requirements
95
96
97 **AE 01_104 __GENERAL__**
98
99 1. It is the policy of the WCSO that:
100 11. Force shall be used in a reasonable manner consistent with state and federal laws.
101 11. The use of force is authorized for the purposes of:
102 111. Self-defense;
103 111. Protection of others;
104 111. Preventing escapes;
105 111. Restoring and maintaining order and discipline;
106 111. Overcoming resistance to lawful orders;
107 111. Protection of property;
108 111. As detailed in section: MEDICAL FOLLOW-UP.
109 11. Officers shall not use force:
110 111. As a punishment;
111 111. In a purposeless, malicious, or sadistic manner; or
112 111. For the very purpose of causing harm.
113 1. Rationale:
114 11. The constitutions and laws of the United States and State of Utah protect prisoners from excessive and unreasonable use of force. Use of force which exceeds the allowances of law and/or policy may subject WCSO to civil liability and its officials to civil and/or criminal sanctions.
115 11. Situations often occur which require the use, or threatened use, of force to protect persons, protect property, to respond to disturbances, to respond to escape attempts, and/or respond to physical resistance to the lawful orders of WCSO staff. Situations requiring the use of force may not always provide staff with adequate time to fully consider the benefits and drawbacks of all possible options. Comprehensive directives and training will help to ensure better preparation of staff to make rational judgments under circumstances which may require the use of force. Policies and procedures should assist officials to identify circumstances which may require the use of force and formulate strategies and options in advance of the crisis.
116 11. Use of force in violation of the limitations herein may violate the constitutional rights of the individual against whom the force is used.
117
118
119 **AE 01_105 __APPROPRIATE LEVEL AND FORM OF FORCE__**
120
121 1. Policy:
122 11. Staff shall use the lowest level of force necessary to accomplish the lawful intentions of the use of force.
123 1. Rationale:
124 11. Use of force in excess of the lowest level of force necessary to accomplish the lawful intentions of the force could result in an increase in liability for the individual officer and/or the WCSO.
125 1. Procedure:
126 11. WCSO staff are trained to be guided by the Force Decision Wheel in order to make appropriate decisions regarding the level of force to be used.
127 11. The options available by the Force Decision Wheel should be specific to the training of the individual officer. For example: An officer should not ordinarily consider using an electronic control device if the officer has not received specialized training for the device.
128
129
130 **AE 01_106 __USE OF WEAPONS AND CONTROL DEVICES__**
131
132 1. Officers should include all weapons and control devices that they have received training for in their individualized Force Decision Wheel.
133 1. Officers should not ordinarily use weapons and control devices that they have not received training on.
134
135
136 **AE 01_107 DEADLY FORCEU**
137
138 1. Policy:
139 11. Deadly force shall be limited to:
140 111. Self-defense or defense of a third party when the officer reasonably believes that deadly force is necessary to prevent death or serious bodily injury;
141 111. Protecting or rescuing a hostage;
142 111. Preventing an escape from custody when the officer reasonably believes that deadly force is necessary to prevent escape and the officer has probable cause to believe that the prisoner poses an imminent threat of death or serious bodily injury to the officer or to a third party if apprehension is delayed; or
143 111. As detailed in the following section (AE 01_02.05).
144 1. Rationale:
145 11. Deadly force is such an extreme action that the justification for its use is narrowly limited to situations in which the officer reasonably believes that it is necessary to protect himself or another's life.
146
147
148 **AE 01_108 __ANIMALS__**
149
150 1. Officers may use deadly force to destroy an animal when the animal:
151 11. Presents a threat to public safety;
152 11. Is seriously injured (humane action).
153 1. Deadly force to destroy an animal shall only be used when the officer reasonably believes that deadly force can be used without causing harm to the officer or others.
154 1. When destroying an animal as a humane action, the officer shall use the safest means available at the time of need. Undue delay may be considered inhumane.
155
156
157 **AE 01_109 __MEDICAL FOLLOW-UP__**
158
159 1. Policy:
160 11. Following the use of force, any person against whom physical force was employed should be given an opportunity for a medical examination and, if needed, medical treatment in a timely manner.
161 1. Rationale:
162 11. Timely treatment of serious medical needs is constitutionally required for prisoners. Medical examination shall be provided for involved prisoners as soon as reasonably feasible following a use of force action to:
163 111. Identify obvious injuries requiring treatment;
164 111. Discover and treat undetected injuries;
165 111. Document the absence of injuries; and
166 111. Provide medical documentation to protect staff members from false or exaggerated claims of injury.
167
168
169 **AE 01_110 __JUSTIFICATION AND DOCUMENTATION__**
170
171 1. Policy:
172 11. Documentation in the Spillman computer system shall be completed for:
173 111. Use of force events;
174 111. Use of restraint devices in conjunction with a use of force event; and
175 111. Any use of the following restraint devices:
176 1111. Handcuff mitts;
177 1111. Restraint chair;
178 1111. Restraint board.
179 1. Rationale:
180 11. Events, actions, or other information which are not documented may result in greater difficulty in defending the proper use of force. Documentation is essential to preserve the following for future criminal, civil, or administrative proceedings:
181 111. Justification for the use of force or restraints;
182 111. What officials knew at the time;
183 111. How the force and/or restraints were employed;
184 111. What efforts were made to achieve compliance, maintain discipline, or assert control prior to the use of physical force or restraint devices;
185 111. What, if any, injuries resulted to those involved;
186 111. The actions of the those involved; and
187 111. Other information necessary for criminal complaints and prosecution, disciplinary proceedings, and/or defense of civil litigation.
188 1. Procedure:
189 11. The justification of force shall be guided by the components related to the following five criteria:
190 111. The threat reasonably perceived by staff involved;
191 111. The need for force;
192 111. The relationship between the need for force and the amount of force used;
193 111. Any efforts that were made to temper the severity of a forceful response;
194 111. The extent of any injuries suffered by the non-officer person(s) involved.
195 11. Documentation in use of force reports shall include, at a minimum, detailed information related to the above five criteria.
196
197
198 **AE 01_111 __VERBAL WARNINGS__**
199
200 1. Verbal warnings are recommended in order to help temper the circumstances of a situation.
201 1. It is understood that verbal warnings may not be possible and/or appropriate in all situations.
202 1. The use of verbal warnings shall be at the discretion of the individual officer or incident commander (if applicable).
203
204
205 **AE 01_112 __WARNING SHOTS__**
206
207 1. Shall not be used.
208
209
210 **__AE 01_113 VIDEO RECORDING__**
211
212 1. All use of force situations should be video recorded whenever possible.
213
214
215 **AE 01_14 __SAMPLE FORCE DECISION WHEEL__**
216
217 [[image:Use of Force Wheel.png||height="420" width="579"]]