Force and Force Paradigm

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    University of Colorado DenverPolice Department

    Standard Operating Procedure

    Use of Force and Force Paradigm

    Standard Operating Procedure Number 506 Issued: September 14, 199Revised: March 2, 200

    Related Procedures: 105-Department Notification Protocol, 118-Investigationof Firearm Discharge Incidents, 119-Critical Incident Reviews, 120- Report Formsand Reporting Requirements, 507-Firearms Training, 508-Authorized Firearmsand Ammunition, 509-Less Than Lethal Weapons Training, 510-AuthorizedImpact Weapons and Training, 511-Chemical Weapons and Training, 512-Physical Force (KOGA)

    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 isreasonably necessary to effectively bring an incident under control, while protecting the livesand welfare of the officer or another.

    .03 Definitions

    A. 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.

    B. Non-Deadly Force: Non-Deadly Force: is defined as any use of force other than thatwhich is considered deadly force. This includes any physical effort used to control orrestrain another, or to overcome the resistance of another.

    C. Reasonable Force:This term means that, in determining the necessity for force and theappropriate level of force, officers shall evaluate each situation in light of the knowncircumstances, including, but not limited to, the seriousness of the crime, the level ofthreat or resistance presented by the subject, and the level to the community.

    .04 References

    A. CALEA Standards 1.3.1, 1.3.2, 1.3.3, 1.3.11, 1.3.12B. IACP Model Police Use of ForceC. Colorado Revised Statutes 18-1-704, 18-1-707 and 18-1-901

    .05 Procedure

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    Use of Force and Force Paradigm Procedure 506

    A. 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 anotherperson when and to the extent that he reasonably believes necessary to defendhimself or a third person from what he reasonably believes to be the use orimminent use of unlawful physical force by another; or to effect an arrest or toprevent the escape from custody of an arrested person.

    B. 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 reasonablybelieves that it is necessary to defend himself or a third person from what hereasonably believes to be the use or imminent use of deadly physical force orreceiving great bodily injury, and he believes a lesser degree of force is inadequateor;

    2. To effect an arrest, or to prevent the escape from custody of a person whom hereasonably believes has committed or attempted to commit a felony involving theuse or threatened use of a deadly weapon or;

    3. Is attempting to escape by the use of a deadly weapon or;4. 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 unlessapprehended without delay.

    C. Deadly Force Restrictions:1. 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 benecessary to use the weapon in accordance with this policy.

    2. Firearms should not be fired at or from a moving vehicle unless the use of afirearm immediately neutralizes the threat.

    3. Firearms should not be discharged when the likelihood exists that an innocentperson may be injured, unless the officer reasonably believes failing to do so willresult in a greater threat to life.

    4. Warning shots are prohibited.5. A police officer may also discharge a weapon during firearms training or

    competition events, off-duty range practice or legal hunting; or to destroy ananimal that represents a threat to public safety, or as a humanitarian measurewhere the animal is seriously injured.

    D. Use of Non-Deadly Force:1. 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 andbring the incident under control in a safe manner.

    2. Officers are authorized to use department approved, non-deadly force techniquesand 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 resistantindividual; 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 reasoneddiscretion to determine the force necessary to control the situation. The optionchosen by the officer depends on many factors, but is generally dependant on theamount of resistance offered by the suspect. Depending on the situation, theofficer is trained to select the appropriate force option, if the situation changes theofficer is trained to re-evaluate the situation and choose a more appropriate forceoption based on his training and experience and the ability to justify the forceused.

    2. The use of force paradigm recognizes there are differences between the differentlevels of force, these are divided into the general levels outlined below;

    a. Officer Presence - The mere presence of an officer in the area or on scene of asituation often brings compliance from individuals.

    b. Verbal Commands - The orders/instructions given by an officer, and the tone ofvoice used, will often be effective in bringing individuals into compliance andgaining control of situations.

    c. Physical Hand Control - The use of hands to gain compliance. This can be assimple as lightly touching a person to guide them away, or as complex as paincompliance control holds.

    d. Intermediate Weapons - The use of chemical/organic propellants, or impactweapons to defend themselves or another against physical harm.

    e. 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

    use of a carotid control, use of an edged weapon, or the intentional ramming ofa vehicle being pursued.

    3. This department does not permit the use of any carotid control except when theofficer is met with violent resistance and lesser means have been triedunsuccessfully, 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 ofcare is required in its use.

    b. Officers may utilize the carotid control hold when they are met with violentresistance. This method should be used when lesser means have been triedunsuccessfully 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 willinform rescue personnel of the hold applied and whether or not theindividual lost consciousness.

    Under no circumstances will arrestees who have had a carotid controlhold applied to them be placed in Police Department holding cells untilthey have been examined and medically cleared.

    In cases where the individual is incarcerated, detention personnel will beinformed that a carotid control hold was applied and whether or not theindividual lost consciousness.

    4. It shall be noted here that the officer confronted with a situation is not required toexhaust all levels of the force continuum. It is recommended that officers entersituations at the most reasonable level of force necessary for their safety and for thesafety of others. Each officer will be required to justify the circumstances andperceptions 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/carryby 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 theappropriate police department report form.

    2. All incidents where force is used will be reported to the Deputy Chief/Chief ofPolice as outlined in SOP 105 (Department Notification Protocol)

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