Use of Force and Law Enforcement Procedures

OPR: 1- Use of Force Taser

  • Arrange for appropriate backup and medical personnel.

    • Photos of probes:

    • Take photos before and after removal.

    • Ensure barb is not separated; if separated, take to ER.

    • First Aid:

    • Apply antiseptic and bandage.

    • Evidence collection:

    • Collect cartridge, probe, and at least one AFID tag.

  • Negligent Discharge (ND) Protocol:

    • Determine if Internal Affairs (IB) needs to be called:

    • If no IB needed, inform Chief.

    • If ND results in injury or death, call IB.

    • Reminders:

    • If additional restraints are used, articulate clearly in the Officer Incident (OI).

    • Document all use of force in OI.

    • Provide first aid after use of force.

    • Commanders should forward reports to Standards within 5 days.

    • Inform supervisor if taser used or of ND; supervisor will go to scene to assess need for IB.

OPR: 3- Domestic Violence (Original)

  • Telecommunications Protocol:

    • Gather information including:

    • Location of the suspect.

    • Presence of weapons involved.

    • Details of injuries, if any.

    • Suspect's influence (alcohol/drugs).

    • Presence of children.

    • Current Order of Protection status of the victim.

    • History of domestic violence calls at location.

  • Response Procedures:

    • Separate all parties involved.

    • Take control of any weapons.

    • Assess need for medical assistance.

    • Conduct interviews of everyone involved and witnesses.

    • Document and collect all evidence, including:

    • Photographs of injuries and property damage.

    • Complete necessary report and criminal paperwork.

    • Determine probable cause for arrest; proceed accordingly.

    • Communication:

    • Inform both victim and offender that charges are state-initiated, not victim-initiated.

  • Ongoing Support:

    • Remain at the scene as long as there is imminent danger.

    • Assist victim as per 40-13-7 NMSA 1978; document these actions.

    • Assess need for Emergency Order of Protection; assist if needed.

    • If no arrest is made, clearly document the reason in the report.

    • Obtain follow-up photographs for invisible injuries.

    • Note if suspect leaves scene, refer to NMSA 31-1-7 (A).

    • If needed, obtain a warrant per State v. Almanzar, 288 P.3d 238 (N.M. Ct. App. 2012).

OPR: 5- Stop Stick/P.I.T (R-5)

  • Stop Sticks Procedures:

    • Officer must attempt to get supervisor's approval; not needed on stopped vehicles.

    • Deployment Steps:

    • Stop oncoming traffic using barriers.

    • Determine intercept location for positioning.

    • Coordinate transportation of hollow spike belt.

    • Notify and coordinate with additional law enforcement agencies.

  • P.I.T. Procedures:

    • Use P.I.T. for speeds above 35 mph, forcible stops, and only with deadly force authorization for Class "C".

    • Stop or divert traffic if necessary; stage medical and fire resources.

    • Note the area of Class "C" as a crime scene.

  • Reminders:

    • Complete a use of force report for Stop Stick or P.I.T. deployment.

    • Primary officer must complete a pursuit recap.

    • Contact chain must be informed when deadly force is utilized.

    • District commander will conduct a debriefing within 3 days.

OPR: 8- Pursuit Policy (R-11)

  • Pursuit Procedures:

    • Notify air support, request assistance from other agencies.

    • Provide details:

    • Nature of violation.

    • Current location, direction, speed.

    • Vehicle description, number of occupants.

    • Check vehicle registration.

    • Assess pedestrian presence and traffic conditions.

    • Consider population density and road/weather conditions.

    • Ensure familiarity with the area and patrol vehicle capability.

    • Assess familiarity of the violator, if known.

  • Considerations during Pursuits:

    • Consider the use of stop sticks and P.I.T.; identify a safe location for stop.

    • Ensure guidance for police pursuits in municipal areas considers congestion and pedestrian safety.

    • Department personnel will refrain from assuming Primary Pursuit Officer role in pursuits from other agencies unless authorized.

  • Pursuit Documentation:

    • Pursuit Packet must include:

    • All police reports, audio and visual recordings, pursuit recap (within 3 days), and use of force forms if applicable.

    • Documentation completed regardless of whether the offender strikes the stop stick.

    • Mandatory critique for all pursuits with property damage or physical injury.

OPR: 17- Evidence/Property Handling (R-7)

  • Evidence Security Procedures:

    • If evidence cannot be secured before the end of shift due to exceptional circumstances:

    • Keep it in a secure location with supervisory approval.

    • Ensure evidence is taken to the vault next shift.

    • If the officer is going on days off, arrange for someone to secure evidence.

    • Dispose of evidence within six months after satisfying legal requirements.

  • Incident Reporting:

    • An Offense/Incident Report must be completed for any seizure of evidence or property.

    • Evidence form used as the second original when dispatching evidence to the lab.

    • Vehicle holds must not exceed 72 hours.

    • Large quantities of narcotics to be taken to HQ within 3 days.

    • Blood kits not mailed within 36 hours must be submitted as evidence.

    • Evidence custodians must inventory their respective vaults every January and conduct semi-annual checks in July.

OPR: 19- Evidence/Property Handling (R-6)

  • Equipment Malfunctions Reporting:

    • Any equipment malfunction must be recorded in the daily log; supervisors must be notified.

  • Recording Protocols:

    • Officers are not required to cease recording upon request.

    • Reactivate recording equipment if a suspect becomes combative.

    • No requirement to disclose recording equipment usage to the public.

    • Recordings must not be released to other criminal justice agencies without approval from District/Bureau commander.

    • Supervisors will review recordings bi-weekly.

OPR: 28 FOREIGN NATIONALS; CONSULAR NOTIFICATION AND ACCESS (Original)

  • Policy on Immigration Status:

    • Officers cannot stop, detain, or question individuals solely on suspected undocumented status.

    • Inquiries regarding immigration status are allowed only if the person is in custody or suspected of a non-immigration crime.

    • Federal immigration officials do not need to be notified unless in cases of suspected human trafficking.

  • Consular Notification Obligations:

    • Triggered by:

    • Arrest or detention of a foreign national.

    • Serious injury or death of a foreign national.

    • Injury crash involving a foreign national.

  • Victim Protocols:

    • For serious crime victims who are foreign nationals, ask if they want consular notification.

    • Document nationality inquiries and use identification to verify nationality.

    • Accept personal statements if no citizenship documentation is provided.

  • Rights of Foreign Nationals:

    • Undocumented individuals also entitled to consular notification and access.

    • U.S. citizens are presumed as such unless indicated otherwise.

    • Dual citizens are treated as U.S. citizens