3-10/004.00 - Use of Force Terms Defined



Force is defined as any physical effort used to control or restrain another or to overcome the resistance of another. Other terms used within this chapter are defined below:

 

  • Carotid Restraint: A vascular neck restraint or any similar restraint, hold, or other defensive tactic in which pressure is applied to the sides of a person’s neck that involves a substantial risk of restricting blood flow and may render the person unconscious in order to subdue or control the person.

  • Choke Hold: Any defensive tactic or force option in which direct pressure is applied to a person’s trachea or windpipe.

  • De-escalation: The process of using strategies and techniques intended to decrease the intensity of the situation. The goal of de-escalation is to gain the voluntary compliance of subjects, when reasonably safe and feasible, and thereby reduce or eliminate the necessity to use physical force. De-escalation includes the use of such crisis stabilization techniques as command presence, time, tone, advisements, warnings, verbal persuasion, tactical repositioning, and summoning additional resources.

  • Deadly Force: Any use of force that creates a substantial risk of causing death or serious bodily injury. Deadly Force includes but is not limited to, the discharge of a firearm.

  • Directed Force: Force used in the execution of one’s duties under the immediate direction of a supervisor.

  • Emergent Circumstances: Those circumstances which would cause a reasonable person or Department member to believe that a particular action is necessary to prevent imminent physical harm to an individual or the escape of a subject who poses an imminent risk of harm to others.

  • Feasible: Considering the Department member's individual capabilities, training, and experience, reasonably capable of being done or carried out under the circumstances to successfully achieve the arrest or lawful objective without increasing risk to the Department member or another person.

  • Force Options: Choices available to Department members in any given situation to overcome resistance, to effect an arrest, to prevent escape, in the defense of self and the defense of others, and to gain control.

  • Imminent Threat: A threat of death or serious bodily injury is imminent when, based on the totality of the circumstances, a reasonable peace officer in the same situation would believe that a person has the present ability, opportunity, and apparent intent to immediately cause death or serious bodily injury to a Department member or another person. A simple statement of fear for safety is not enough to justify the use of deadly force. There must be objective facts indicating that the threat needed to be instantly confronted and addressed.

  • Medical Assistance Force: Any instance when a Department member restrains a subject under the immediate direction and supervision of a doctor, nurse, or other medical staff whom the Department member believes is qualified to administer medical care. All medical assistance force must be objectively reasonable, proportional, and reasonably appear necessary at the time.

  • Passive Resistance: The subject is uncooperative and may be argumentative but is not a threat to the Department member or others. The following are some examples of uncooperative behavior: The subject is not responding to verbal commands and may refuse to move by standing still, sitting down, lying down, going limp, grabbing onto a fixed object, or linking arms with others during a protest or demonstration.

  • Proportional: To be proportional, the level of force must reflect the totality of circumstances surrounding the situation at hand. Given the totality of the circumstances, there is a balance between the threat posed, the seriousness of the suspected offense, and the amount of force used. Proportional force does not require Department members to use the same type or amount of force as the subject. The more immediate the threat and the more likely that the threat will result in death or serious physical injury, the greater the level of force that may be proportional, objectively reasonable, and reasonably appear necessary to counter it.

  • Rescue Force: Any instance when it is necessary for a Department member to use force to prevent harm from occurring to medical staff, professional staff, or any person not a member of the Department. All rescue force must be objectively reasonable, proportional, and reasonably appear necessary at the time.

  • Serious Bodily Injury: A serious impairment of physical condition including, but not limited to the following: loss of consciousness, concussion, bone fracture, protracted loss, or impairment of function of any bodily member or organ, a wound requiring extensive suturing, and serious disfigurement.

  • Tactical Repositioning: Moving to another location to lessen the level of danger, to gain an advantage over the subject, or to allow more time to explore additional options before resorting to use of force.

  • Totality of the Circumstances: All facts known to the Department Member at the time, including the conduct of the member and the subject leading up to the use of force. Elements to be considered are listed in "Factors in Determining the Reasonableness of Force," MPP 3-10/020.00.

Unreasonable Force: Force which is unnecessary or excessive given the totality of the circumstances presented to the Department members using force, judged from the perspective of a reasonable peace officer on the scene.