Department Policies  |  01-300-1-0 Use of Force

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Dunn County Sheriff's Office Policy and Procedure
 
Subject:     Use of Force

Policy #   300-1-0
 
Effective Date:  October 25, 2006
           Revised: February 3, 2022
 
Approved by:    Sheriff Kevin Bygd 
 
POLICY
 
It is the policy of the Dunn County Sheriff’s Office that officers shall use only that amount of force that is reasonably necessary to achieve a lawful objective.  The force used by an officer should only be the amount reasonably required to overcome the resistance being offered by an offender or a person the officer is trying to control.
 
Sanctity of Human Life-In serving the community, law enforcement officers shall make every effort to preserve and protect human life and the safety of all persons.  Law enforcement officers shall also respect and uphold the dignity of all persons at all times in a nondiscriminatory manner. (Act 75, Wis. Stat. 175.44(2)(a)
 
This policy is based on the Defense and Arrest Tactics (DAAT) program of the State of Wisconsin as developed by the Training and Standards Board (Department of Justice-Bureau of Training and Standards).  It is also a mandated policy under WI Stats. 66.0511(2).
 
 
DEFINITIONS
 
        a.    Defense and Arrest Tactics (DAAT): This is a system of verbalization skills coupled with physical alternatives.  It is the specific system formulated, approved, and governed by the State of Wisconsin Training and Standards Board.
 
        b.    Intervention Options: Trained techniques recognized in the DAAT system.  These techniques may include additional techniques trained and authorized by the Dunn County Sheriff’s Office.  A list of these techniques shall be attached in the Appendix of this policy.
 
        c.    Reasonable Force: A physical act by a police officer in the performance of duty when it is used to accomplish a legitimate law enforcement goal and the level of force used is reasonable considering all the facts and circumstances known to the officer at the time of the incident.
 
        d.    Use of Force: Act 75, Wi Stat. 175.44(2)(b)...When using force, a law enforcement officer is required to act in good faith to achieve a legitimate law enforcement objective. A law enforcement officer is authorized to use force that is objectively reasonable based on the totality of the circumstances, including:
 
            1.    The severity of the alleged crime at issue.
 
            2.    Whether the suspect poses an imminent threat to the safety of officers and/or others.
 
            3.    Whether the suspect is actively resisting or attempting to evade arrest by flight.
 
        e.    Reasonably Believes: Means that an ordinary, prudent, and reasonably intelligent police officer believes that a certain fact situation exists and such belief is reasonable under the circumstances known to the officer at the time the officer acted.
 
        f.    Great Bodily Harm: Bodily injury which creates a substantial risk of death, or which causes serious permanent disfigurement, or which causes a permanent or protracted loss or impairment of the function of any bodily member or organ or any other serious bodily injury.
 
        g.    Non-Deadly Force: An amount of force that under normal circumstances might cause bodily harm but would not be expected to result in great bodily harm or death.
 
        h.    Deadly Force: The intentional use of a firearm or other instrument that creates a high probability of death or great bodily harm.
 
        i.    Electronic Control Device: uses propelled wires or direct contact to conduct energy to affect the sensory and motor functions of the nervous system.
 
        j.    Kinetic Energy Impact Projectiles: Flexible or non-flexible projectiles, which are intended to incapacitate a person with a minimal potential for causing death or great bodily harm, when compared to conventional projectiles.
 
        k.    Less Lethal Force Philosophy:   A concept of planning and force application, which meets operational objectives, with less potential for causing death or great bodily harm than with conventional police tactics. 
 
 
PROCEDURE
 
 
300-1-1     General Guidelines
 
 
    1.    Officers shall use only that amount of force that is objectively reasonable to control a situation, effect an arrest, or to control a person. The officer’s decision shall be based on the Intervention Options.
 
    2.    Officer’s shall not continue to use force more than is reasonably necessary to maintain control once the person has stopped resisting and control of the person has been established.
 
        a.    Once control has been established, the officer shall be responsible for monitoring the persons’ condition and welfare. Unless circumstances dictate otherwise, all persons arrested will be handcuffed, searched, and then transported in a police vehicle.
 
        b.    If an officer uses an Intervention Option of “Oleoresin Capsicum Aerosol Spray” or greater, the officer shall contact a supervisor. The officer shall also complete a report documenting the incident and also complete a Use of Force Tracking Form. The Use of Force Tracking Form shall be forwarded to the Captain, along with a “copy” of the report.
 
    3.    Whenever a person is injured as a result of force applied by an officer, officers on the scene will immediately provide first aid and request medical assistance, if necessary, for the injured person as soon as the scene is secure. 
   
 
  300-1-2      Oleoresin Capsicum Spray (OC)
 
 
    1.    Officers whom have been trained and certified in the use of OC shall carry issued OC while on duty.  If the officer has a special duty assignment that does not make carrying OC feasible, the officer may be exempt from carrying OC for the assignment
 
    2.    Trained personnel may use OC when a person is threatening to actively resist or is actively resisting an officer and the person poses an articulable threat of harm to an officer or another person.
 
        a.    Officers may also include in the decision to use this force option, information known to the officer at the time of the incident, including resistive or assaultive behavior.
 
        b.    Passive resistance without posing an articulable threat of harm to officers or others, does not permit the use of OC
 
    3.    An officer shall not brandish, display, or threaten the use of OC unless they can reasonably conclude its use may become justified and anticipated
 
    4.    Agency personnel who use OC against a person shall ensure the person is decontaminated as soon as practical after s/he is under control.
 
        a.    If possible, expose the person to fresh air and flush the exposed area with cold water or apply an agency issued OC decontamination product.
 
        b.    Continue to monitor the exposed person for any unusual reactions to the exposure. If the exposed person has an unusual reaction or requests medical attention, transportation to a medical facility shall be arranged.
 
    5.    When OC is used against a person, the officer shall notify an on-duty supervisor, or if none is available shall leave a message for the Captain, or in their absence the Chief Deputy, alerting them to the use of this level of force.  The officer shall complete a report detailing the circumstances of the incident and shall also complete a Use of Force Tracking Form. The Use of Force Tracking Form shall be forwarded to the Captain, along with a “copy” of the report.  (If used on an animal, no notification or Use of force Tracking Form is necessary.)
 
    6.    If transportation to a medical facility is required as a result of the use of this level of force, the officer shall assure immediate notification to any supervisor is completed. (No messages allowed.)
 
 
300-1-3     Electronic control device (Agency Issued)
 
 
    1.    Trained personnel may use an Electronic control device when a person is threatening to actively resist or is actively resisting an officer and the person poses an articulable threat of harm to an officer or another person. It may also be used when the person poses a threat of harm to themselves, such as self-inflicted injury or a suicidal attempt.
 
        a.    Officers may also include in the decision to use this force option information known to the officer at the time of the incident, including conduct or statements of the person or prior history of resistive or assaultive behavior.
 
        b.    Passive resistance without posing an articulable threat of harm to officers or others does not permit the use of an Electronic control device.
 
    2.    An officer shall not brandish, display, or threaten the use of an Electronic control device unless they can reasonably conclude its use may become justified and is anticipated.
 
    3.    In each instance when an Electronic control device is deployed on an incident, a determination will be made regarding the need for lethal cover.
 
        a.    Lethal cover shall be required in all cases in which the person possesses a firearm.
 
    4.    Agency personnel who use an Electronic control device against a person shall ensure the person is monitored for injury as soon as practical after the person is under control.
 
    5.    If an adverse reaction to the use of the Electronic control device occurs, or if requested by the person, transportation to a medical facility shall be arranged.
 
    6.    If the probes are imbedded in sensitive tissue areas, ie: neck, face, groin, or the breast, officers shall arrange transportation to a medical facility for removal. If the probes are imbedded in other non-sensitive areas, a trained officer may remove them according to the trained procedure.
 
    7.    After the probes have been removed, they shall be handled as a biohazard and packaged according to the trained procedure. Verify probes are fully intact.  If any of the probe, including the barb are possibly stuck inside the suspects skin, they shall be taken to a hospital for medical attention.
 
    8.    When an Electronic control device is used against a person, the officer shall notify an on-duty supervisor or if none is available, shall leave a message for the Captain alerting him to the use of this level of force. The officer shall complete a report detailing the circumstances of the incident, and shall also complete a Use of Force Tracking Form, including the ID number of the deployed ECD. The Use of Force Tracking Form shall be forwarded to the Captain, along with a “copy” of the report, and device download from SYNC. (If used on an animal, no notification or Use of Force Tracking Form is necessary.)
 
    9.    If transportation to a medical facility is required as a result of the use of this level of force, the officer shall assure immediate notification to any supervisor is completed. (No messages allowed.)
 
    10.    Trained officers shall complete a refresher course and a written examination every year concerning the use of this weapon.
 
    11.    Evidence collection: On ALL taser deployments in which the subject is struck with one or more probes, collect the cartridge, some afids, probes, and wires and package as bio hazard evidence.  When practical collect photographs of probes while still connected to the subject.  Also when practical collect photos after removal, especially if the deployment hit a sensitive area, or the subject suffered any injuries.  
 
 
300-1-4     Intermediate Weapons/Impact Weapon (Baton)
 
 
    1.    Uniformed officers shall be required to have an agency approved impact weapon available to them while on duty.
 
    2.    The use of authorized batons is permitted against an actively aggressive person when the officer reasonably believes that lesser force options would be ineffective or would subject the officer to bodily harm.
 
        a.    Officers may include in the decision to use this force option, information known to the officer at the time of the incident, including conduct or statements of the person or prior history of resistive or assaultive behavior.
 
    3.    An officer shall not brandish, display, or threaten the use of an impact weapon as a threat unless they can reasonably conclude its use may become justified and is anticipated.
 
    4.    When a baton is used against the body of a person, the officer shall notify an on-duty supervisor or if none is available, shall leave a message for the Captain alerting him to the use of this level of force. The officer shall complete a report detailing the circumstances of the incident, and shall also complete a Use of Force Tracking Form.  The Use of Force Tracking Form shall be forwarded to the Captain, along with a “copy” of the report. (If used on an animal, no notification or Use of Force Tracking Form is necessary.)
 
    5.    If transportation to a medical facility is required as a result of the use of this level of force, the officer shall assure immediate notification to any supervisor is completed. (No messages allowed.)
 
 
300-1-5     Kinetic Energy Impact Projectiles
 
 
    1.    Kinetic Energy Impact Projectiles may be used by trained department personnel in circumstances where a level of force less than deadly may be appropriate for resolving a situation, and when the risk associated with closing on the person to take control makes other alternatives unsafe. This option may be used when a person possesses a significant threat of harm to him/herself or others, and unarmed tactics have been exhausted or would not be effective or safe given the circumstances.
 
        a.    Officers may include in the decision to use this force option, information known to the officer at the time of the incident, including conduct or statements of the person or prior history of resistive or assaultive behavior.
 
    2.    An officer shall not brandish, display, or threaten the use of a Kinetic Energy Impact Weapon unless they can reasonably conclude its use may become justified and anticipated
 
    3.    In each instance were Kinetic Energy Impact Projectiles are deployed at an incident, a determination will be made regarding the need for lethal cover.
 
        a.    Lethal cover will be required in all cases in which the subject possesses a firearm.
 
    4.    Persons who are struck by a Kinetic Energy Impact Projectile shall be transported to a medical facility for examination.
 
    5.    When kinetic energy impact projectiles are used against the body of a person, the officer shall immediately notify an on-duty supervisor or if none is available, immediately notify any supervisor.  The officer shall complete a report detailing the circumstances of the incident and also complete a Use of Force Tracking Form.  The Use of Force Tracking Form shall be forwarded to the Captain, along with a “copy” of the report. (If used on an animal , no notification or Use of Force Tracking Form is necessary)
     
    6.    Every (2) years, trained officers shall complete a refresher training course concerning the use of these weapons.
 
 
300-1-6 Use of respiratory restraints
 
     1.  The use of respiratory restraints, also known as a choke-hold, is limited to circumstances where deadly force is authorized.  A choke-hold is only permitted as a last resort, after all other options have been attempted and/or considered and those options would have been impractical or ineffective.  
 
300-1-7     Use of Deadly Force
 
            Deadly force. Act 75 Wis. Stat 175.44(2)(c)...A law enforcement officer may use deadly force only as a last resort when the law enforcement officer reasonably believes that all other options have been exhausted or would be ineffective. A Law enforcement officer may use deadly force only to stop behavior that has caused or imminently threatens to cause death or great bodily harm to the law enforcement officer or another person.  If both practical and feasible, a law enforcement officer shall give a verbal warning before using deadly force.
 
 
    1.    The use of Deadly Force is permissible under the following circumstances:
 
        a.    As a last resort, in the defense of ones’ self, when the officer reasonably believes they are in imminent danger of death or great bodily harm.
 
        b.    As a last resort, in the defense of another person whom the officer reasonably believes is in imminent danger of death or great bodily harm, and whom the officer reasonably believes is entitled to self-defense.
 
        c.    As a final alternative, to effect an arrest or to prevent the escape of a fleeing felon whom the officer reasonably believes has committed a felony involving the actual or threatened use of deadly force. The officer shall also have probable cause to believe the suspected felon poses a significant threat of death or great bodily harm to the officer, or others, if not immediately apprehended.
 
        d.    As a last resort, to euthanize a dangerous or badly injured animal.
 
    2.    Generally, Deadly Force shall not be used under the following circumstances:
 
        a.    Warning shots.
 
        b.    From a moving vehicle unless (1)(a) or (1)b) apply.
 
        c.    At a moving vehicle unless (1)(a) or (1)(b) apply.
 
        d.    When the target of the force is not clearly visible. (firing into a building or through a door is not permitted unless officers are being fired upon from within and no alternative means of cover is available.)
 
        e.    When the officer is in doubt as to whether or not they have the legal justification to use deadly force
 
    3.    An officer shall not brandish, display, or threaten the use of a firearm unless they can reasonably conclude its use may become justified and anticipated.
 
    4.    Before using a firearm and when feasible, police officers shall identify themselves and issue a verbal challenge.
 
    5.    Whenever an officer is responsible for an intentional discharge (other than during firearms training or dispatching a deer) or unwanted discharge of an agency authorized firearm or the intentional use of Deadly Force by any means, the following notifications and reports shall be made:
 
        a.    Intentional discharge/use of deadly force by any means- the officer shall immediately notify an on-duty supervisor or if none is available, immediately notify any supervisor (No messages allowed). The officer shall complete a report detailing the circumstances of the incident and shall also complete a Use of Force Tracking Form.  The Use of Force Tracking Form shall be forwarded to the Captain, along with a “copy” of the report.
 
        b.    Unwanted discharge – the officer shall immediately notify a supervisor as indicated in sub (a) above.
 
    6.    Whenever a person is injured as a result of force applied by an officer, officers on the scene will immediately provide first aid and request medical assistance if necessary, for the injured person as soon as the scene is secure.
 
    7.    All officers shall complete ongoing training concerning the use of firearms and deadly force as directed by the agency.
 
 
 
300-1-8     Investigation of the Use of Deadly Force
 
 
    1.    When an officer is responsible for the use of deadly force, an assigned supervisor shall contact an outside agency to conduct an investigation.
 
    2.    A deadly force investigation is a multi-faceted event. The responding supervisor should consider the implementation of the incident command system and provide for:
 
        a.    The security and preservation of the scene
 
        b.    Obtaining a brief summary of the incident
 
        c.    Removing the involved officer(s) from the scene as soon as possible. A non-involved fellow officer should be assigned to accompany the involved officer(s)
 
        d.    Ensuring that the Sheriff or his designee is notified immediately
 
        e.    Ensuring that all officers with information about the incident complete a report regarding their observations or actions as soon as practical
 
        f.    Proper retrieval and custody of the weapon (evidence) used by the officer. In the event the weapon retrieved is the officers’ duty weapon, an agency owned weapon may be immediately assigned to him/her.
 
    3.    After giving consideration to the administrative and constitutional rights of the officer(s) involved and to the public and agency interests, the assigned supervisor shall contact the officer(s) involved and attempt to ascertain the circumstances of the incident.
 
 
300-1-9     Post Incident Services
 
 
    1.    A supervisor shall ensure that the following services are provided:
 
        a.    An officer involved in a deadly force situation shall be encouraged to contact family members as soon as possible. In the event an officer is unable to provide input as to family contacts, etc., the “line of duty death” packets shall be consulted.
 
        b.    The involved officer will be placed on administrative leave pending an outside agency investigation.
 
        c.    As soon as practical, the involved officer(s) and their families shall be offered counseling services.
 
        d.  The involved officer shall be allowed to contact a union representative and/or an attorney as soon as practical     following a in custody death.   
 
 
300-1-10     Sheriff’s Responsibility 
 
    1.    Upon notification of an incident involving the use of deadly force by an employee of the agency, the Sheriff shall either personally or by his designee, ensure a full and complete investigation into the circumstances surrounding the incident is completed by an outside agency.
 
    2.    All reports will be forwarded to the District Attorney for review.
 
    3.    All media releases shall be cleared through the Sheriff or his designee. 
 
 
300-1-11    Officer’s Responsibility
 
    1.    Officers shall cooperate fully in the investigation.
 
300-1-12    Duty to Report Noncompliant Use of Force (Act 75, Wis Stat. 175.44(3)
 
        DUTY TO REPORT NONCOMPLIANT USE OF FORCE. (a) A law enforcement officer who, in the course of his or her law enforcement duties, witnesses another law enforcement officer use force that does not comply with the standards under 175.44(2)(b) or (c) in the course of that law enforcement officer’s official duties shall report the noncompliant use of force as soon as is practicable after the occurrence of the use of such force.
 
    1. If a deputy of this agency personally witnesses a violation of Wi Stat 175.44(2)(b) or (c), by any law enforcement officer, while in the course of their official duties, they shall report the witnessed behavior as soon as practical to an on duty supervisor.  If there is no supervisor on duty you must notify an off duty supervisor, as soon as feasible.  
 
    2. If multiple deputies witness a noncompliant action, each deputy has a duty to report.
 
    3. Deputies who report a violation will be asked to submit a detailed written report of their observations of the noncompliant use of force.  This report will be separate from the original incident reports that would normally be attached to the case file.
 
300-1-13     Duty to Intervene (Act 75, Wi Stat. 175.44(4)
 
        DUTY TO INTERVENE. (a) A law enforcement officer shall, without regard for chain of command, intervene to prevent or stop another law enforcement officer from using force that does not comply with the standards under 175.44(2) (b) or (c) in the course of that law enforcement officer’s official duties if all of the following apply: 1. The law enforcement officer observes the use of force that does not comply with the standards under 175.44(2)(b) or (c). 2. The circumstances are such that it is safe for the law enforcement officer to intervene. (b) A law enforcement officer who intervenes as required under par. (a) shall report the intervention to his or her immediate supervisor as soon as is practicable after the occurrence of the use of such force.
 
    1. Act 75 applies the duty to intervene to "law enforcement officer." Notably it does not limit the duty to on-duty officers; it applies to officers regardless of duty status or location.  It should be noted that the "duty" to act is imposed only if the circumstances are such that it is safe for the law enforcement officer to intervene.  
 
        a. Deputies should use the following to assist in determining when it would be safe or practical to intervene:
 
            1. What jurisdiction are you in? 
            2. Are you in uniform or readily identifiable as a law enforcement officer?
            3. Are you aware of the full context of the situation you are observing?
            4. Could your intervention escalate the situation?
 
300-1-14    Whistleblower Protections (Act 75 Wi. Stat 175.44(5)
 
    WHISTLEBLOWER PROTECTIONS. No law enforcement officer may be discharged, disciplined, demoted, or denied promotion, transfer, or reassignment, or otherwise discriminated against in regard to employment, or threatened with any such treatment, because the law enforcement officer reported, or is believed to have reported, any noncompliant use of force as required under sub. (3) or (4); intervened to prevent or stop a noncompliant use of force as required under sub. (4); initiated, participated in, or testified in, or is believed to have initiated, participated in, or testified in, any action or proceeding regarding a noncompliant use of force; or provided any information, or is believed to have provided any information, about noncompliant use of force as required under sub. (3) or (4).