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