Use of Force Policy

Government Authorization to Use Force

Officers may use force to protect themselves or others, overcome resistance, to effect a lawful detention, a lawful arrest, or to conduct a lawful search.

Officers should, if reasonable, make clear their intent to detain, arrest, or search the subject.

Tennessee v. Garner (1985)

-Officers are legally authorized to use deadly force to effect. An arrest when in compliance with NRS and legal standards under TN v. Garner (1985) to:

1. Protect themselves or others form what is reasonably believed to be an imminent threat of death or SBI

2. Prevent the escape of a fleeing felon who the officer has PC to believe has committed a. Violent felony crime and is an imminent threat to human life if escape should occur (also see NRS 171.1455)

*Officers will, if feasible, give warning before use of DF

Reassessing (what officers will do):

Continuously reassess their response and adjust any use of force accordingly based upon the level of resistance encountered

-failure to reassess=possible violation of law and/or policy

-Intent=to gain control of subject and transition to custody phase

De-escalation

(Officers will attempt to de-escalate confrontations)

-When reasonable, officers should gather info, assess the risks, assemble resources and equipment, attempt to slow the momentum,and communicate and coordinate a response

-develop tactical plan and when applicable, utilize intervention techniques (ppl in crisis/with developmental or mental disabilities)

-weigh factors such as extremes of age (<13 but >70)

*lower level force option may mitigate the need for later force

-will make efforts to control situation and not allow to escalate

Supervisor role in de-escalation:

-Will possess a thorough knowledge of tactics and ensure officers under their supervision perform to a standard (LVMPD policy and training)

-Will acknowledge and respond to incidents in a timely manner when officer use of reportable force is probable (ex. STAR)

-Manage deployment of resources and equipment

-Will provide clear direction and communication

-Upon observing substandard officer approaches or flaws in tactical decision, supervisor will promptly act to correct any deficiencies

Duty to Intervene

-regardless of rank

-when in safe position to do so intercede to prevent the use of unreadable force

-Officer will promptly report observations and efforts to intervene to supervisor

-If supervisor is using unjustified force, officer will report to next level of supervision

-If supervisor is observing, they will issue a direct order to stop

Reporting Unjustified Force (Duty to Intervene)

-Reporting officer will document no later than 10 days after occurrence:

1. Date, time, location

2. Identity, if known, and description of participants

3. Description of the actions taken as a result of the observation

Medical Attention after UOF

-Use of Force upon a subjects when results in either observable signs or complaints of injury or any signs-of-life concerns (ex. Difficulty breathing):

*Officer will continually monitor subject and immediately summon medical attention

-Incidents involving subjects in prolonged encoders with officers are at an increased risk of medical distress and should be OC snickered behavioral or medical emergencies (expedited medical response)

Medical Attention Procedure (after UOF)

Officers/Supervisor will:

1. Monitor for signs of life concerns

2. Provide nature of injury, subject’s age and gender, and other circumstances that could be potential medical risk to the subject (ex. Obesity, drugs, extreme agitation, sweating, labored breathing, complaint of chest pain, excessive thirst, involvement in foot pursuits)

3. If subject’s condition worsens, update responding medical personnel via radio or PFM if criteria are met (can be used to expedite FD response times)

Handcuffing (when officer can):

1. Articulable facts the subject is physically uncooperative

2. Articulable facts that subject’s actions may present a physical danger to themselves or others if not restrained

3. Reasonable possibility of flight based on the actions of the subject

4. Information that the subject is currently armed

5. The stop closely follows a violent crime and the subject matches specific parts of a description

6. Articulable facts a crime of violence is about to occur

7. Suicidal persons

8. During SW service as is reasonably necessary t o safely execute the warrant

9. Persons being transported to detox facilities

10. By officers moving in custody subjects

PIT Tactical Considerations:

A. Environmental Factors:

1. Areas with pedestrians

2. Other vehicle traffic

3. Parked vehicles

4. Telephone/utility poles

5. Bridges/overpasses

6. Areas adjacent to paved roads with elevation change

7. Significant curves in the roadway

B. Subject factors:

1. Severity of crime

2. Number of subjects

3. Subjects known to have access to firearms

4. Potential of subject to use vehicle as a weapon

5. Potential of creating crossfire

6. Size/weight of subject vehicle compared to police vehicle

Supervisor Responsibility for PIT

A. Immediately acknowledge officer’s notification over the radio

B. Order discontinuation of PIT when necessity for apprehension is outweighed by the dangers of the PIT

Additional Reporting Requirements (PIT)

• any contact that causes damage or a collision between a department vehicle and another vheicle will also be reported as a traffic incident on a VEHICLE INCIDENT REPORT (LVMPD 42)

• Vehicle containment technique and grappler documented on LVMPD 42 or use of force report in case of injury or complaint of injury

• Ramming requires a UOF report

• PIT (successful uses or attempts) requires a UOF report and pursuit report

Use of Force with a Firearm

When feasible, officers WILL

1. Identify themselves and state their intention to shoot

2. Control their rate of fire and assess every round fired

3. Evaluate obtaining a better tactical advantage and backdrop before discharging their firearm at the subject

Discharging a firearm at or from a moving vehicle

Will not discharge their firearm at a moving vehicle unless:

A. Person in vehicle is an imminent deadly threat to officers or others by means other than the vehicle (ex. Such as an occupant fireing a gun at an officer).

B. The driver is using the vehicle as a weapon to inflict mass casualties (ex. Truck driving though a crowd)

*such a discharge is limited to the most extreme circumstances (officer will not unless it’s an imminent deadly threat to officers or others)

Contact Shots

Officer will not place their firearm against a person unless:

-the person is an imminent threat of death or SBI and the exigent circumstances and environmental factors do not allow the officer the ability or opportunity to withdraw to a more tactically secure position

Rifle Deployments

An officer may deploy rifle:

1. There is a potential for deadly force or the subject is armed with a deadly weapon

2. Distance and the use of cover are considerations due to the suspect’s location

3. The suspect is barricaded

4. The deployment had been pre-approved by events planning (airport/special events)

Officer deploying rifles will:

1. Announce via radio deployment and whether accompanied by a cover officer (observer) and receive acknowledgement from dispatch

2. Whenever possible, 2 officer team (rifle and cover officer); cover officer will be hands, communication (verbal and radio), other tasks; it is preferred cover ofcr is also rifle certified

3. Advise dispatch of deployment location and update whenever location changes

**supervisor=proceed immediately to incident and assume tactical control // ensure proper rifle deployment and address over-deployment/crossfire issues

UOF report: When Required/to be completed

-Whenever officer uses reportable force

-completed by the end of shift (any exception must be approved by supervisor) and reviewed by chain of command within 30 days

Levels of control that require a UOF report

1. Low-level that results in injury, complaint of injury, or complaint of continuing pain

2. All intermediate force

3. All DF

Supervisor Responsibilities (uses of non-DF investigations)

-investigated by officer’s chain of command

-acting supervisors are not authorized to complete the investigation

-supervisors involved as subject officers in reportable UOF will not investigate themselves or subject officers-next level of supervision will handle

-ALL reportable uses of force on a subject, regardless of visible injury, will be photographed and uploaded to blue team

Officer Responsibility (uses of non-DF investigations):

Officer will:

A. Immediately request dispatch notify supervisor

B. Complete UOF report before the end of shift (exceptions must be approved by supervisor)

-include detailed description of level of force, tool or tactic used, to include its effectiveness, and 8 Graham v. Connor factors

Each application of use of force3 tool must be separately justified in the documentation

C. Forward report to investigating supervisor

D. When ECD used:

-Handle probes same as contaminated needles and impound all probes, wires, and cartridges as evidence

-Provide ECD to supervisor for upload

UOF w/ a Vehicle (non-deadly force) supervisor responsibilities:

(Only contact w/ damage will be reported as a traffic incident)

Supervisor will:

1. Respond without delay

2. Determine level of force ; If DG used or there is SBI, see section for investigation of DF incidents)

3. Conduct investigation by interviewing subjects, officers, medical, and witnesses

4. Ensure photos of scene taken and uploaded to include subjects and officers involved and collect any evidence

5. For relive of BWC-see BWC policy

6. Check area for video, get copy, impound, note in blue team

7. Review all applicable reports ensure accuracy and completeness

-document how UOF was determined in adherence with policy. If not in adherence, send up chain to determine SOC. Document training deficiencies and how corrected

8. ECD-data upload/wires/impounded

9. Document investigation in citizen contact (CC) when alleged UOF unfounded

Use of Deadly Force Resulting in Death or SBI (officer procedures):

1. Subject/witness officer:

-whenever officer discharges firearm, uses DF, has an ND (on or off duty), uses any force resulting in death or causes SBI, or becomes aware of an in-custody death, officer will:

-ensure life safety

-ensure scene is safe and secure

-immediately notify dispatch (radio-on duty_

-if needed, request medical and provide info on injuries

- include suspect description and location

-once scene is static, an officer should not modify, load, or unload any firearm used prior to the countdown by FIT. Will not modify their attire to include positioning of equipment or BWC.

Use of Deadly Force Resulting in Death or SBI (off duty/plainclothes):

1. Inform dispatch via radio or 911 if no radio is available

2. Make certain they are readily identifiable LE as offices and take precautions against a potential police-on-police confrontation by displaying identification prominently.

   1. If confronted by first-responding officers, obey first-responding officers’ verbal commands

Supervisor Responsibilities for Use of Force Resulting in Death or SBI:

First arriving supervisor will:

Act as incident commander

-ensure medical provided to those in need

-ensure scene is safe and secure-remove unauthorized persons (including officers from inner perimeter)

• Update dispatch and request notifications be made

• coordinate search for outstanding suspects

• Oversee identification and isolation of witnesses

• Ensure witness and subject officers separated with a monitor officer

  • Don’t talk about the incident

  • Officers remains on scene will not move locations prior to fit approval

  • Remain with officer until countdown is completed or dismissed by FIT

  • Provide FIT names and location of subject officers and to potential witness officer

  • Remain on scene and do not leave until released by FIT supervisor

Public Safety Statement (PSS)

(DF incdt)

series of questions asked of shooting officer to determine if an immediate threat to public safety exists

-supervisor will write down officer’s responses-NOT RECORDED ON BWC!!

-If supervisor is involved in OIS and no other supervisor is available, senior officer will do PSS

1. Did you discharge a firearm? What direction, approximate where were you located when you fired, how many shots do you think you fired?

2. Is anyone injured? If so, where are they located?

3. Are there any outstanding suspects? Description, DOT, MOT? How long have they been gone? What crimes have they committed? What type of weapon do they have?

4. Is it possible the suspect fired rounds at you? Direction? How many? Approximately where was suspect located when they fired?

5. Any other officers discharge a firearm?

6. Any weapons or evidence that needs to be secured or located? Where?

7. Are you aware of any witnesses? Their location?

Use of DF resulting in Death or SBI (IC/Supervisor will:)

• Ensure all subject and witness officers are separated

• Act in accordance with LVMPD Major incdt and all hazard plan

• Manage scene

• Ensure major incdt log completed

Use of DF resulting in death or SBI (briefing):

• IC will:

  • Designate location for initial briefing that provides a place that is operationally secure

  • Location will not compromise integrity of the scene

• PD or on-scene supervisor will:

  • Conduct initial briefing with major incident briefing guide LVMPD 568)

  • Only essential personnel will attend the briefing (essential-identified by FIT supervisor)

  • After brief, FIT will assume control of scene/investigation

Use of Deadly Force Resulting in Death or SBi (subject officer interview):

• FIT will conduct voluntary interview its officer whose UOF results in SBI/death, a minimum 48 hours after the incident (unless waived by officer)

  • Officer has right to decline interview

• Under no circumstances will FIT ask Officer questions regarding facts of incident without allowing representative-but an officer can waive right for rep.

• All statements provided to FIT will be made available to officer before officer provides statement to CIRT

Viewing BWC/3rd party Video (DF or SBI incdts.)

Viewing of BWC or third party video released to a FIT investigation will be consistent with 7.136 BWC policy

Other Admin Procedures (DF/SBI incidents)

• subject officer’s chain of command will complete admin leave notice for any incident involving the use of deadly force or where substantial bodily injury or death results

• Supervisors who put other officers on relief of duty status at direction of peer support