G.O. 3.05 - Reporting And Investigating Force

Purpose & Scope

  • Establishes clear, written guidelines for Norwich Police Department ("Department") officers and supervisors on documenting, reporting, and investigating any use of force
  • Seeks to protect:
    • Constitutional and civil rights of the public (4th & 14th Amendment standards against unreasonable force)
    • Integrity and public legitimacy of the Department
    • Individual officers from unfounded complaints by creating an objective paper trail
  • Applies to ALL uses of force – deadly and non-deadly – that rise above completely compliant handcuffing
  • Disclaims legal status:
    • General Order is administrative; violations lead to internal discipline, not automatic civil/criminal liability
    • Does not create a higher legal duty of care in court

Foundational Policy Statements

  • Accountability is inseparable from authority to use force
  • Officers must submit timely, complete, and accurate reports
  • Officers who used, witnessed, or authorized force cannot investigate that force – preserves neutrality & credibility (parallels Brady/Garrity concerns)

Key Definitions (with Practical Significance)

  • Critical Firearm Discharge – Any intentional discharge at or near a person; range/training & animal-dispatch shots excluded ➔ triggers highest‐level review
  • Deadly Force – Force reasonably expected to cause death/serious injury; only lawful when objectively reasonable under Graham v. Connor
  • Exigent Circumstances – Situations demanding immediate action to prevent injury, destruction of evidence, escape, etc.
  • Force – Broadly includes attempted strikes, significant restraints, pointing firearms, canine deployments
  • Hard Hand Control – Impact-oriented (kicks, punches, knee/elbow) aimed at pressure points; carries higher injury risk ➔ often Level 2 event
  • Soft Hand Control – Non-impact (joint locks, pressure points, pain-compliance, grabs, escorts) ➔ usually Level 1
  • Serious Bodily Injury – Death risk, permanent impairment/disfigurement, or hospital admission; minor treatments assessed case-by-case
  • Serious Use of Force – Any deadly force, serious injuries, canine bite, chemical or ECW use on restrained subject
  • Reportable Use of Force – Anything above cooperative handcuffing; except merely drawing to low-ready
  • Levels of Force (Administrative Tiers)
    • Level 1 – Lowest; e.g., pointing firearm, control holds, firearm dispatched wounded animal
    • Level 2 – Intermediate; OC spray, ECW, strikes, canine bite, head strikes, chokehold (no LOC), injuries needing ER
    • Level 3 – Highest/critical; death, serious injury, critical firearm discharge, intent-to-kill blows, or supervisor-escalated case

Reporting Responsibilities (Timeline Emphasized)

  • Officers must inform shift supervisor:
    • Level 1 – ASAP, always before end of shift
    • Level 2 / 3 – Immediately
  • Complete Use-of-Force Report immediately and before end of tour
  • Each officer involved files separate narrative; one form may list multiple subjects
  • If injured and unable, immediate supervisor drafts preliminary report
  • Failing to notify/report ➔ disciplinary action

Required Report Contents

  • Suspect actions prompting force
  • Officer reasoning & force chosen (must articulate objective facts and perceived threats)
  • Injuries or complaints – suspect & officer; medical treatment/refusal
  • Notification to transporting officers re: injuries

Force Levels – Detailed Triggers & Examples

Level 1 (Document + Supervisor Review)

  • Intentionally aiming firearm at person
  • Weaponless technique on vulnerable area (hair grab, mastoid pressure)
  • Control-hold escorts: arm-bar, bent-wrist, elbow escort, twist-lock
  • Humane destruction of injured animal on duty

Level 2 (Supervisor Responds to Scene; Photographs & Evidence Collection)

  • OC/chemical spray deployment
  • ECW (TASER®) – probes contact, drive-stun contact, or miss
  • Swinging impact weapon (ASP®, baton) but missing
  • Using baton for prying/control rather than strike
  • Hand/palm/elbow strikes, kicks, sweeps, takedowns (non-head)
  • On-duty firearm discharge at an animal (other than dispatching wounded)
  • Any strike to head (except intentional impact-weapon head strike – Level 3)
  • Chokehold/neck restraint without loss of consciousness
  • Impact-weapon strike with contact
  • Canine bite or injury
  • Any injury requiring ER treatment or hospital admit (beyond basic first-aid)

Level 3 (Critical; Internal Affairs, Chief Notified)

  • Death
  • Any critical firearm discharge, hit or miss
  • Force posing substantial risk of death
  • Serious bodily injuries (per definition)
  • Intentional impact-weapon strike to head
  • Supervisor-escalated cases (complexity, public interest, policy concerns)

Medical-Care Procedure

  • Officer asks every suspect on whom force was used about injury/illness
  • Mandatory physician/qualified health-care evaluation when:
    • Struck with impact object (esp. head)
    • Neck restraint applied
    • OC sprayed
    • ECW deployed
    • Hit by less-lethal projectile
    • Canine bite
  • Injured prisoners cannot be booked until cleared by medical professional
  • Document all treatment or documented refusal (signed by officer & clinician)

Supervisory Responsibilities

General Duties

  • For Level 2/3 – respond immediately, conduct preliminary investigation, ensure medical care, photographs/video, obtain case #
  • Supervisor involved in force cannot investigate

Level 1 Investigation

  1. Review each officer’s report before end of shift
  2. Evaluate policy compliance
  3. Forward to Commanding Officer (CO) before shift ends
  4. Deputy Chief (DC): Review within 15 days; may return for corrections

Level 2 Investigation

  1. Respond to scene; document & photograph evidence
  2. Interview medical staff about injury consistency
  3. Collect physical evidence
  4. Identify & interview non-LE witnesses
  5. Ensure reports done before shift ends; summary forwarded to Patrol Commander
  6. DC reviews within 30 days, may order more inquiry

Level 3 Investigation

  1. Secure scene, preserve evidence, segregate witnesses, seize weapons used
  2. Shift Supervisor notifies Chief immediately ➔ Chief initiates Internal Affairs (IA)
  3. Follow separate G.O. 3.10 (Officer-Involved Shooting) for firearm incidents

Deputy Chief – Quality Control & Disposition Matrix

  • Confirms supervisor responses, paperwork completeness, timeline compliance
  • Resolves discrepancies (returns case if needed)
  • Determines final disposition:
    • Justified – Within Policy
    • Justified – Policy Violation
    • Justified – Training Opportunity (non-disciplinary)
    • Not Justified – Policy Violation
  • Submits findings to Chief within 15 working days of receipt
  • Chiefs hold supervisors accountable for thoroughness; failure → discipline/corrective training

Raid & Warrant Execution

  • Pointing firearms during raids is reportable (Level 1); separate form per officer
  • Use-of-Force form does not replace Incident Report; incident number must be referenced

Training & Continuous Improvement

  • Department reviews policies & curricula to align with current law (e.g., Connecticut Public Act 20-1, national PERF guidelines)
  • Specialized supervisor training in investigative techniques, evidence collection, photography, interviewing
  • Pattern-analysis from annual review informs scenario-based training, de-escalation modules, ECW recertification

Annual Use-of-Force Review

  • Deputy Chief (not Patrol Captain as superseded) compiles and analyzes all reports annually
  • Provides findings to Chief and operational units:
    • Statistical trends (frequency, race/ethnicity data)
    • Geographic hotspots
    • Equipment failures (e.g., ECW cartridge misfires)
    • Policy gaps or emerging threats (mental-health encounters)

Ethical, Legal & Practical Implications

  • Upholds Graham v. Connor "objective reasonableness" by demanding contemporaneous articulation
  • Transparency fosters community trust, critical in post-George Floyd reform landscape
  • Detailed tiers allow proportional administrative oversight – mirrors DOJ consent-decree best practices
  • Mandatory medical care reduces civil liability under 42 USC 1983 (deliberate indifference standard)
  • Separating investigators avoids conflict of interest, supporting unbiased findings & Brady/Giglio obligations

Illustrative Scenarios (Hypothetical)

  • Suspect resists by "locking" arms to avoid cuffs ➔ officers use soft-hand arm-bar, no injuries → Level 1
  • Street brawl: officer deploys OC; suspect goes to ER for respiratory issue → Level 2; supervisor photographs face, interviews ER nurse about pepper-spray symptoms
  • Burglary suspect charges with knife, officer fires two rounds (miss) → Critical firearm discharge, Level 3; IA + G.O. 3.10 procedures engage, weapon recovered, body-cam secured

Cross-Reference to Prior Lectures / Foundational Principles

  • Builds on Use-of-Force Continuum (Presence → Verbal → Control → Less-Lethal → Deadly)
  • Connects to Constitutional Law module: 4th Amendment seizure jurisprudence, qualified immunity doctrine
  • Reinforces Ethics lecture: duty of care, sanctity of life, professional integrity

Real-World Relevance & Policy Outcomes

  • Comprehensive documentation aids accurate crime statistics (UCR / NIBRS) & state-mandated reporting
  • Data informs equipment purchasing (e.g., body-worn cameras, ECWs)
  • Detailed investigations mitigate risk of DOJ pattern-or-practice findings
  • Provides evidentiary basis in criminal prosecutions and civil suits; a well-written report can often substitute in-court testimony if officer unavailable