Police Department Policy

ConcordPolice_07.03_Use_of_Force_2616133

Concord PD

Policy Text
07.03.0 PURPOSE The purpose of this General Order is to provide instructions for the proper use of force by officers, provide a fair and impartial review of use of force incidents, determine whether the actions of officers were justified, and to maintain public confidence in the Concord Police Department. While there is no way to specify the exact amount or type of reasonable force to be applied in any situation, every officer of this department is expected to use these guidelines to make such decisions in a professional, impartial, and reasonable manner. 07.03.1 POLICY The use of force by law enforcement personnel is a matter of critical concern, both to the public and to the law enforcement community. Officers are involved on a daily basis in numerous and varied interactions and, when warranted, may use reasonable force in carrying out their duties. Officers must have an understanding of, and true appreciati on for, their authority and limitations. This is especially true with respect to overcoming resistance while engaged in the performance of law enforcement duties. The Concord Police Department recognizes and respects the value of all human life and dignit y without prejudice to anyone. Empowering officers with the authority to use reasonable force and to protect the public welfare requires monitoring, evaluation, and a careful balancing of all interests. 07.03.2 DEFINITIONS A. DEADLY FORCE Force that creates a substantial risk of causing death or serious bodily injury. B. DEADLY WEAPON A weapon or improvised device that, through normal or intended use, is likely to cause death or serious bodily injury. CONCORD POLICE DEPARTMENT STANDARD OPERATING PROCEDURE USE OF FORCE GENERAL ORDER : 07.03 CREATED: May 18, 2004 ISSUE DATE : September 9, 2024 CALEA STANDARD: 1.2.10, 4.1.1, 4.1.2, 4.1.3, 4.1.5, 4.1.6, 4.1.7, 4.2.2, 4.2.3 EFFECTIVE DATE: September 9, 2024 ACTION : Re-numbers general order dated October 1, 2022 . General Order 07.03 USE OF FORCE Page 2 of 11 C. DE-ESCALATION TECHNIQUES Techniques that seek to minimize the likelihood of the need to use force during an incident and increase the likelihood of gaining voluntary compliance. D. IMMINENT Impending to the point of happening. E. NON-DEADLY FORCE Force other than that which is considered deadly force. The use of a baton or similar weapons normally is non -deadly force, but they can constitute deadly force, depen ding on the manner of use. F. NON-DEADLY WEAPON A weapon that, through normal and intended use, should not cause death or serious bodily injury. This category includes conductive energy weapons (CEW), batons, and OC spray. G. OBJECTIVE REASONABLENESS A threshold for determining the necessity for force and the appropriate level of force. Objective reasonableness is judged from the perspective of a reasonable officer facing similar circumstances. Such determination shall be made based upo n the totality of facts known to the officer at the time force was applied, along with the officer’s prior training and experience, without regard to the underlying intent or motivation of the officer. Factors include but are not limited to: the seriousnes s of the crime, level of threat or resistance presented to the officer, and the danger to the community. H. OFFICER For purposes of this general order, the term “officer” includes sworn law enforcement personnel of any rank who uses force in the performance of their duties. I. SERIOUS BODILY INJURY An injury that creates substantial risk of death, causes serious permanent disfigurement, or results in long term loss or impairment of the functions of any bodily member or organ. J. REASONABLE BELIEF The facts or circumstances that would cause a reasonably trained law enforcement officer to act or think in a similar way under similar circumstances. K. RESPIRATORY NECK RESTRAINT (CHOKE HOLD) A restraint method performed by applying direct pressure to the tra chea, control is established through pain compliance and strangulation. L. VASCULAR NECK RESTRAINT (STRANGLE HOLD) A restraint method of control that is established through pressure to the sides of the neck that critically reduces blood from passing through the neck. General Order 07.03 USE OF FORCE Page 3 of 11 07.03.3 DE-ESCALATION A. Prior to using force, when safe and practical to do so and without compromising law enforcement objectives, officers shall use de-escalation techniques to attempt to slow down and/or stabilize a situation to allow for more time, options, and resources for incident resolution. De -escalation techniques may include, but are not limited to: 1. Mitigating the immediacy of the threat by containing or reducing exposure by moving to a safer position; 2. Establishing communication from a safe position; 3. Use of verbal techniques to promote rational decision making; 4. And/or avoidance of physical confrontation, unless immediately

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