Use of Force Policy 5.1 — Royal Oak Police Department (Policy 5.1)

A set of practice flashcards covering definitions, procedures, and guidelines from the Royal Oak Police Department Use of Force Policy 5.1.

What standard governs an officer's use of force according to the policy?

The objective, reasonable standard; the force used must be objectively reasonable when balancing the intrusions against governmental interests, as described in Graham v. Connor (1989).

What three factors are considered under the objective reasonableness standard?

Severity of the crime, whether the suspect poses an immediate threat to safety, and whether the suspect is actively resisting arrest or attempting to evade by flight.

When is the reasonableness of force judged in a use-of-force incident?

On the scene and at the moment the force was used, not with 20/20 hindsight. Officers often face split-second, tense, uncertain, rapidly evolving situations.

How is 'Less-lethal force' defined in the policy?

Any level of force less than that likely to cause great bodily harm or death; includes empty hand control, chemical agents, taser, baton or ASP, when used in accordance with training.

Name at least three circumstances under which less-lethal force may be used.

Against a person assaulting an officer or another person to prevent further injury; against a person resisting a lawful arrest when alternatives are ineffective or unavailable; to prevent self-injury; to control or move individuals in public disturbances; to arrest or control individuals refusing custodial procedures; against menacing or attacking animals; or in protective custody scenarios when appropriate.

What is the Subject Control Continuum?

A guideline (provided by the Michigan Commission on Law Enforcement Standards) illustrating the stages of force from presence to deadly force, used to determine appropriate response.

List the factors to consider when determining an officer’s response to resistance.

1) Officer/subject disparity in size, strength, skill, and age; 2) Officer’s perception of subject’s willingness to resist; 3) Perceived immediate threat to self/others; 4) Totality of the circumstances.

How are subject actions categorized in the policy? (Inactive Resistance)

Inactive Resistance – includes psychological or verbal resistance, such as blank stare or clenched fists, indicating potential for violence.

How are subject actions categorized in the policy? (Passive Resistance)

Passive Resistance – subject does not defeat touch or control attempts but does not voluntarily comply (e.g., dead weight, non-reaction to commands).

How are subject actions categorized in the policy? (Active Resistance)

Active Resistance – subject attempts to prevent gaining control (e.g., pulling/pushing away, blocking).

How are subject actions categorized in the policy? (Active Aggression)

Active Aggression – physical actions toward the officer or others with less than deadly force (e.g., punching, kicking, grabbing).

What is 'Deadly Force Assault' in the Subject Actions continuum?

Any force used that is likely to result in great bodily harm or loss of life.

What are the officer response categories in the continuum? (Officer Presence/Verbal Direction)

Identification of authority and verbal direction to control subject movements; may include compliant handcuffing.

What are the officer response categories in the continuum? (Compliance Controls)

Soft empty hand techniques (joint locks, pressure points) and compliance devices (Taser drive-stun, OC spray) used for compliance.

What are the officer response categories in the continuum? (Physical Controls)

Empty hand techniques (strikes, takedowns, taser probe deployment) used to gain control.

What are the officer response categories in the continuum? (Intermediate Controls)

Intermediate weapons (impact weapons, pepperball, Less-Lethal Shotgun) used when necessary.

What are the officer response categories in the continuum? (Deadly Force)

Any force likely to cause great bodily harm or loss of life.

What weapons are authorized as less-lethal under the policy?

Department-approved baton or ASP, Taser, pepperball gun, Less-Lethal Shotgun, and OC spray; other objects may be used if justifiable and used per policy.

Who must authorize department-wide less-lethal weapons and ammunition?

The Chief of Police.

What are the training requirements to possess and use less-lethal weapons?

Basic department-approved training; non-weapon defensive tactics; annual retraining to continue carrying/using less-lethal weapons.

What does the policy say about Tasers in relation to training policy 5.24?

Tas ers shall be used in accordance with the department policy and procedure on Tasers (P & P 5.24).

Which brand/name examples of mechanical OC spray are listed as authorized?

Fox Labs 2-ounce, 4% OC; Fox Labs Crowd Control 16-ounce, 2% OC; First Defense 12.7-ounce, .07% OC Vapor; Top Cop 6-ounce fog grenade.

What is the range for OC spray use and how should rounds be selected?

Use in a manner consistent with policy; select department-issued OC spray; only trained personnel with supervisory approval should deploy pepperball/OC rounds.

How should OC spray be carried and who must carry it?

OC spray shall be carried on duty by all Officers, Detectives, and Patrol Command Officers in a department-issued case unless directed otherwise by a higher-ranking command officer.

What are some key OC spray tactical considerations to minimize risk?

Maintain 2–3 feet distance, be aware of air currents, avoid small confined spaces, extend arm straight, and wash hands after use.

What are the post-use OC spray treatment steps?

Move affected person to fresh air, provide first aid; rinse eyes with cool water; avoid rubbing eyes; consider contact lenses; allow recovery time; transport after drying; document incident.

What are the target areas for bean bag rounds (less-lethal munitions)?

Primary targets: major muscles of the legs, arms, buttocks, hips, thighs; Secondary targets: chest, solar plexus, kidneys, groin; Deadly-force targets: head, neck, throat, clavicle, spine.

What reporting is required after use of force beyond verbal direction or a less-lethal device?

An Incident Report and the Subject Resistance/Officer Control Report Form; supervisor review; and, if applicable, reporting to Firearms Policy (3.3.1j).

What is the policy on warning shots?

Warning shots are not to be fired.

Under what conditions may deadly force be used in a jeopardy situation?

When the officer is confronted by a person with present intent and capability to kill or seriously injure, when there is no viable alternative, and bystander safety is not unreasonably jeopardized; verbal warning should be given when feasible.

What constitutes 'Deadly Force – Fleeing Violent Felon' general policy?

Deadly force may be used to arrest a fleeing felon if necessary to prevent escape and there is probable cause the suspect poses a significant threat, with some warning if feasible.

What are the duties of the Duty Command Officer after deadly force occurs?

Notify Chief or on-call administrator; notify detectives and detective supervisor; secure the scene; examine firearms; secure firearms for latent prints; coordinate preliminary field investigation.

What is the Duty to Intervene provision?

Any employee who observes another employee using unreasonable force must intervene and report to a supervisor; likewise, intervene for any unlawful Royal Oak policy/violation.

What is the Board of Review in deadly force investigations responsible for?

A three-member board (one chair) appointed by the Chief to review the deadly force incident for policy adherence, supervision quality, investigative process, and to issue findings and recommendations.

What are the post-deadly force trauma considerations?

Potential reassignment, administrative leave without pay loss, mandatory availability for interviews, Employee Assistance Program, chaplain services, and psychologist recommendations before return to duty.

What types of weapons are prohibited from carrying by department personnel?

Prohibited weapons include blackjacks, leaded saps (slappers), and sap gloves.

How should officers handle witnesses and evidence after a deadly force incident?

Separate and secure witnesses, canvass for video/audio; seize and secure all evidence including projectiles; preserve telecommunications recordings; obtain hospital/autopsy/lab reports as part of the investigation.

What is the policy on responding to incidents involving mentally ill individuals?

Use force consistent with policy when necessary to subdue emotionally or mentally disturbed persons who assault, have harmed themselves, or are resisting protective custody.

What is the policy regarding drawing firearms?

Firearms may be drawn in jeopardy situations or when there is a potential threat; not for casual display; merely drawing is not a use of force by itself.

What are the reporting channels for a firearm discharge?

Discharge of a firearm is reported under the department’s Firearms Policy & Procedure; Deputy Chief of Operations reviews all use of force incidents.

What is required for on-scene investigators regarding cooperation with outside agencies?

If the Chief designates an outside agency, initial detectives shall transfer the investigation to the outside agency as directed.

What is required to carry and deploy a Less-Lethal Shotgun?

It will be assigned to each patrol vehicle, kept unloaded in the chamber and magazine until loading; loaded only after ensuring no lethal rounds are present; observation by another officer when practical.

How should officers document equipment maintenance and damage?

Return damaged, inoperative, outdated, or expended munitions with documentation explaining the damage; chain-of-command notification as appropriate.

What must officers do before using a less-lethal munition in riot situations?

Obtain supervisor authorization if possible; in imminent threats, officer may use without prior approval.

What should be included in the incident report for use of force above verbal direction?

Details of incident, force used, witnesses, medical needs, and related documentation; submitted to the Deputy Chief of Operations for yearly analysis.

What is the standard for 'probable cause' in deadly force discussions?

Probable cause exists when the facts and circumstances within the officer’s knowledge would warrant a reasonable person to believe a crime has been committed.

What does the policy say about animal shooting by officers?

Animal control handles most cases, but officers may discharge a firearm to protect themselves or others, or for humane destruction of severely injured domestic animals with supervisor approval.