ROCHESTER POLICE DEPARTMENT MANUAL
OPERATIONS SECTION
Volume Five - Code Of Conduct And Use Of Force
Chapter 5-300 Use Of Force

5-301

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Chapter 5-300
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Legal Disclaimer
This directive is for departmental use only and does not apply in any criminal or civil
proceeding. The department policy should not be construed as a creation of higher legal
standard of safety or care in an evidentiary sense with respect to third party claims. Violations
of this directive will only form the basis for departmental administrative sanctions. Violations
of law will form the basis for civil and criminal sanctions in a recognized judicial setting.

5-302

Definitions
DEADLY FORCE: Force which the actor uses with the purpose of causing, or which the actor
should reasonably know creates a substantial risk of causing, death or great bodily harm.
NON-DEADLY FORCE: Force which is neither likely nor intended to cause death or great
bodily harm.
REASONABLE BELIEF: The facts or circumstances the officer knows, or should know, are
such as to cause an ordinary and prudent person to act or think in a similar way under similar
circumstances.

5-303

Knowledge of Statutes/ Policies
Revised May 1, 1996
The State of Minnesota has, by statute, limited the use of force by peace officers. Officers
shall be intimately familiar with MSS 609.06 (Authorized Use of Force), MSS 609.065
(Justifiable Taking of Life), MSS 609.066 (Authorized Use of Deadly Force by Peace Officers)
and these Departmental policies which are based on State Statutes.

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Use of Force Policy
Revised January 1, 1995
The Rochester Police Department recognizes and respects the value and dignity of each human
life. In vesting police officers with the lawful authority to use force to protect the public
welfare, a careful balancing of all human interests is required.
Officers shall use the least amount of force reasonably necessary to effectively bring an
incident under control while protecting the lives of the officer or others. This provision shall
not be construed, however, to require officers to first attempt degrees of force which
reasonably appear to be inadequate to accomplish the intended objective.

5-305

Use of Non-Deadly Force
Revised May 1, 1996
Law enforcement officers are authorized by Minnesota State Statute 609.06 to use force toward
another person:
-

in effecting a lawful arrest
in the execution of legal process
in enforcing an order of the court
in executing any other duty imposed upon the public officer by law
in protection of oneself or another

The degree of force used depends on what the officer perceives as reasonable and necessary
under the circumstances. Officers should assess the incident in order to determine which nondeadly technique or weapon will best de-escalate and bring the incident under control in a safe
manner. In making this assessment, the officer should consider:
- the severity of the crime at issue (e.g. was force or the threatened use of force involved,
was injury inflicted, was the victim in fear of bodily harm, etc.)
- whether the suspect poses an immediate threat to the safety of the officer or others
- whether the suspect is actively resisting arrest or attempting to evade arrest by flight
- the totality of circumstances involved including officer-subject factors and special
circumstances as shown in the Confrontational Continuum (Chapter 5-305.07)
The officer may resort to an increased level of force to overcome either increasing resistance or
an increasingly dangerous threat to public safety.

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Use of Non-Deadly Force (continued)
Non-Deadly force options fall on a use of force continuum. From the lowest level of force, the
continuum includes:
•
•
•
•
•

Officer Presence
Verbal Direction
Soft Empty Hand Techniques (escort techniques, pain compliance techniques)
Hard Empty Hand Techniques (strikes, punches and kicks)
Intermediate Weapons (Baton strikes and blocks)

The use of force beyond Soft Empty Hand Techniques requires the filing of a use of force report
and event report.
When an officer has clearly articulated his/her authority and intend to arrest a subject, and the
subject by words or gestures indicates to the officer that he/she will physically resist the arrest,
and the officer believes that a Soft Empty Hand Technique would be ineffective or expose the
officer to unnecessary danger, then the officer may use a chemical aerosol or TASER® to control
the subject.
All officers shall carry and use only approved weapons, unless circumstances exist which pose an
imminent threat to the safety of the officer or the public requiring the immediate use of a nonapproved weapon to counter such a threat. This provision shall not be construed as authorizing
officers to use a non-approved weapon where, under the circumstances, it would be feasible to
procure approval for the use of a particular weapon prior to its use.
5-305.01 Neck Restraints
Revised October, 2000
The lateral vascular neck restraint (LVNR) and the shoulder pin technique as taught in the
PPCT Defensive Tactics Curriculum may be used by officers that have received training in the
proper use of these techniques. These techniques are to be used to control high levels of
resistive behavior. They are categorized on the Use of Force Continuum at the Hard Empty
Hand level. Neither of these techniques places direct pressure on the trachea of the resistive
subject.
The use of any other type of neck restraint such as an arm-bar technique, which places direct
pressure on the trachea of the subject, are reserved for use only in a deadly force situation.
Whenever a neck restraint is used the officer will closely monitor the subject until the subject
is released to medical or other law enforcement personnel. Those personnel shall be informed
that a neck restraint was used. The use of a neck restraint requires the filing of a use of force

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and event report.
5-305.02 Chemical Munitions
Chemical munitions (grenades or projectiles) shall only be used by trained emergency response
personnel on the orders of the ERU commander.
When they are used, the Fire Department and an ambulance will be on standby at a safe
distance near the target area. After the scene is secured, ERU members shall remove and
dispose of any chemical munitions debris.

5-305.03 Chemical Aerosols
Chemical aerosols are classified as protective weapons, and their use considered non-deadly
force. Aerosols may only be used in situations where the rule of law allows the use of force.
Only Department issued chemical aerosols may be used. The use of a chemical aerosol
requires the filing of a use of force report and event report.
When chemical aerosols are used, the subject shall be administered first aid as soon as
possible. Flushing the affected area with large amounts of cool water shall be considered
adequate first aid. If first aid does not provide adequate relief, professional medical treatment
is required.

5-305.04 Stun Guns

PROPOSED ADDITION

The Rochester Police Department currently authorizes only the AIR TASER® for use by
Police Personnel. Only those officers properly trained and certified by Staff Development shall
use the TASER®.
The TASER® is a defensive weapon listed on the force continuum at the same level as
chemical aerosol. It is located between soft empty hand and hard empty hand techniques
(Unless the officer believes that the codicil above in section 5-305 applies).
The decision to use the TASER® is the same as the decision to use chemical spray or a baton.
An officer justified in using chemical spray and or a baton is justified in using the TASER®.
The use of the TASER® will depend on the subject’s actions and the distance of the subject
from the officer.
The TASER® is an effective weapon to resolve standoff situations quickly; and in a method
less likely to result in injury to the officer and the subject.
The TASER® is not a replacement for the firearm and should not be used without firearm

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back-up; in those situations where there is a real threat towards the officers involved in the
situation.
Because the TASER© emits an electrical charge, it should not be used in areas that are
potentially flammable.
If the TASER® is used to gain control of a subject, and the TASER© barbs become imbedded
(maximum penetration is ¼ of an inch) in the subject, then Gold Cross Ambulance shall be
called to transport the subject to Saint Mary’s Emergency for treatment and barb removal. At
no time will a police officer attempt to remove imbedded barbs from a subject.
When a TASER© is used on a subject the following procedure shall be followed:
•
•
•
•
•
•

The on-duty supervisor shall be notified.
The subject’s injuries shall be photographed and the film secured as evidence.
The expended barbs and cartridge shall be recovered and placed into Evidence. The
barbs should be treated as “sharps” and bio-hazard protocol should be followed.
A use of force report shall be completed.
An event report shall be completed.
A copy of the event report shall be forwarded to Staff Development for review and
record keeping.

Prior to the use of the TASER® an officer at the scene shall broadcast a “CODE TASER”
announcement on RPD radio channel 1. Dispatch will acknowledge this broadcast and repeat
the announcement. This is to alert other officers that the TASER® is being deployed and so
that officers do not mistake the “pop” of the TASER® for a gunshot.

5-305.05 Saps, Sap Gloves, Nightsticks, Nunchucks, and Brass Knuckles
The carrying or use of saps, sap gloves, nightsticks, nunchucks, and brass knuckles is
prohibited.

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5-305.06 Batons
Revised January 1, 1995
The ASP Tactical Baton, the PPCT Telescopic Baton, and the riot batons are approved impact
weapons. All officers that carry on their person a baton, must also carry an approved chemical
aerosol weapon. The use of a baton requires the filing of a use of force report and event report.

The use of batons is force, and therefore must be legally justifiable and within Department
guidelines. Officers are expected to know that a blow to certain parts of the human body can
cause death or grievous injury that can lead to a permanent physical or mental incapacity or
eventual death. Unless deadly force is justified, officers shall avoid intentionally striking the:
-

head
neck
throat
heart area of chest, or
armpit

Striking a suspect in the following areas is likely to cause only temporary incapacity and is
considered non-deadly force:
- arms
- legs
- abdomen

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Volume Five - Code Of Conduct And Use Of Force
Chapter 5-300 Use Of Force

5-305.07 The Confrontational Continuum
Updated October, 2000

PROPOSED ADDITION
Comment [COMMENT1]: Insert
diagram here.

THE CONFRONTATIONAL CONTINUUM
Totality of Circumstances

A
S
S
A
I
L
A
N
T
A
C
T
I
O
N
S

Deadly
Force
Assaults
Active
Aggression
Defensive
Resistance
Passive
Resistance

1) Officer – Subject Factors
Age
Sex
Size
Skill Level

Multiple Officers or Subjects

2) Special Circumstances
Close Proximity to Firearm
Special Knowledge
Injury or Exhaustion
Ground
Disability
Imminent Danger

Goal = Control
Not 50/50 = Lose
Need Advantage for Control

Verbal
NonCompliance

Propensity to Control
Versus
Propensity to Injury

Psychological
Intimidation

Ability to Disengage or Escalate is Imperative

Officer
Presence

Verbal
Direction

Soft
Empty
Hand

Hard
Empty
Hand

Force Options

Intermediate
Weapons

Deadly
Force

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5-305.08 Specialty Impact/Less Than Lethal Munitions
Added June 1, 1998
Recognizing the responsibility of the Rochester Police Department to use force wisely and
judiciously, it is this department’s policy that specialty impact/less than lethal munitions will
only be used when reasonably necessary in the performance of an officer’s duty to carry out
lawful objectives.
The use of these munitions give police officers an alternative to lethal force when involved in
such cases as, but not limited to:
•
•
•
•
•
•
•
•
•
•

civil disobedience
civil riot
correctional facility riot
correctional facility disobedience
disarming individuals armed with weapons i.e. knives, clubs or other items used in a
threatening way
violent subjects
aggressive individuals not responding to verbal commands
individuals that pose a threat to themselves or others
breaking of windows for insertion of communications equipment, distraction devices and/or
chemical agents
aggressive animals

Specialty impact/less than lethal munitions are those munitions fired from either a 12 gauge
shotgun or 37mm gas gun or are hand delivered and are designed to be non-lethal. These rounds
may include:
•
•
•
•
•
•
•

rubber pellets
rubber balls
shot filled bags
foam baton rounds
wooden baton rounds
rubber sabot rounds
chemical agent in addition to the round

Specialty impact/less than lethal munitions should only be deployed when a situation arises where
the use of force exposes the officer, public, or the individual involved to unnecessary danger.
The officer deploying a specialty impact/less than lethal munition shall have been trained in the
use of such munitions.

5-305.08 Specialty Impact/Less Than Lethal Munitions (cont.)

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Specialty impact/less than lethal munitions deliver approximately the same kinetic energy as a
typical ASP tactical baton blow. These munitions fall in the same area in the force continuum
as an ASP baton.
Specialty impact munitions/less than lethal should be directed at the following primary targets:
•
•
•
•

arms
legs
buttocks
center mass/abdomen

It is acknowledged that targets move and specialty impact/less than lethal munitions are not as
accurate as lethal/deadly force. These munitions should be deployed with the following
considerations:
• at distances of less than 10 feet specialty impact/less than lethal rounds have a high
possibility of causing a fatal injury
• the head and throat are not an intentional target
All individuals who have had specialty impact/less than lethal munitions deployed on their
person will be afforded medical attention at the earliest opportunity.
Any use of specialty impact/less than lethal munitions will be detailed in an event report. A use
of force report will be filed.

5-306

Use of Deadly Force

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SHOOT TO STOP
Officers may fire their weapons when necessary to incapacitate an assailant and stop him/her
from completing a potentially deadly act as described in the following sections of this policy.
For maximum stopping effectiveness and minimal danger to innocent bystanders, the officer
should normally shoot at "center body mass." It is recognized that in some situations, it may
be necessary to shoot at areas other than center body mass.
DEFENSE OF LIFE
An officer may use deadly force to protect himself/herself or others from what he/she
reasonably believes to be an immediate threat of death or great bodily harm.
SIGNIFICANT THREAT
An officer may use deadly force when necessary to effect the capture or prevent the escape of a
person that the officer reasonably believes has committed a felony involving the use or
threatened use of deadly force. The officer must have strong and articulable probable cause to
believe that the suspect poses a significant threat of death or great bodily harm to the officer or
others, making it necessary to prevent the escape. Before using a firearm, police officers shall,
when feasible, identify themselves and state their intent to shoot.
JUVENILES
No distinction shall be made relative to the age of the intended target of deadly force. Selfdefense and imminent threat shall be the only policy guideline for employing deadly force.

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Use of Deadly Force (continued)

WARNING SHOTS
Officers are prohibited from firing warning shots.
RISK TO INNOCENT BYSTANDERS
Officers should consider any effective options to the discharge of firearms when it appears
likely that an innocent person may be injured.
SHOOTING AT OR FROM MOVING VEHICLES
Officers should not discharge a firearm at or from a moving vehicle except as the ultimate
measure of self-defense or defense of another when the suspect is using deadly force.
SAFE HANDLING OF FIREARMS
Except for general maintenance, storage or authorized training, officers shall not exhibit their
firearm unless circumstances create reasonable cause to believe that it may be necessary to
lawfully use the weapon in conformance with other sections of this policy.

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Reporting Use of Force
Revised September 15, 2000
A Use of Force/Non-Employee Injury Report form must be completed by the involved officers
whenever:
- an officer discharges a firearm other than for recreation, animal destruction or firing
range purposes,
- a use of force results in death or injury,
- any non-lethal weapon is used on a person,
- force is used beyond routine escort procedures to control a resisting combative subject,
- any department action results in a non-employee injury or death,
- a non-employee sustains an injury, including self-inflicted, during custody.
The employee shall contact his/her superior officer as soon as possible, and forward the report
to his/her superior officer no later than the end of the tour in which the incident occurred.
No copy of the Use of Force/Non-Employee Injury Report form shall be included with the
Event Report or other case history, the report is for internal use only.
The purpose of filling out the Use of Force/Non-Employee Injury Report form is for the
immediate documentation of the force used so that should a complaint be filed, the pertinent
facts would be readily available. The form will also be used to assist in identifying training
and equipment needs. The mere existence of one or more Use of Force/Non-Employee Injury
Report forms cannot be used in an officer's performance evaluation. Furthermore, since the
form merely documents an event, the mere existence of one or more Use of Force/NonEmployee Injury Report forms cannot be the basis for discipline. Force which is justified is
permissible, regardless of the number of usages.
Off-duty officers involved in use of force situations are subject to the same reporting
procedures as on-duty officers. When an off-duty officer is involved in a use of force
situation, he/she shall notify the Duty Commander immediately.

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5-307.01 Written Report After the Discharge of a Firearm
An officer who discharges his/her departmentally sanctioned firearm accidentally or
intentionally (except at a firearms range) shall make a verbal report to his/her on-duty
Commander as soon as circumstances permit, but in no case later than the end of his/her tour of
duty; and shall file an Event Report as soon as practical thereafter describing the circumstances
in detail under which the firearm was discharged.
Off-duty personnel shall notify the on-duty Patrol Commander of any discharges of a firearm
either accidentally or intentionally when acting under color of law. An Event Report will be
filled out as soon as possible.
If the member who discharged his/her firearm is hospitalized during the tour of duty and is
incapable of filing the required report, his/her supervisor is responsible for filing as complete a
report as possible pending further departmental investigation.

5-308

Injury/ Medical Attention
If in an officer's opinion a prisoner needs medical attention, the officer shall contact his/her
supervisor and arrange for qualified medical care.
The Chief of Police shall be notified by the Duty Commander immediately whenever injuries
have been inflicted by or to a department employee sufficient to cause great bodily harm or
death. See 2-405 Psychological Services Following Deadly Force Incident and 2-406
Department Support Following Death or Serious Injury of Officer.
If the force used is such that the officer or the affected individual requires hospitalization, the
Chief of Police will be notified as soon as practical.

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Assaults on Police /Obstructing Legal Process
Revised December 1, 1998
For the purposes of this section regarding reporting, an assault is defined as:
The intentional infliction or attempted infliction of serious bodily harm upon the officer, or
the display of any sort of weapon with the intent of causing fear of great bodily harm to the
officer.
An officer who is assaulted shall, as soon as possible:
- report the assault to his/her superior officer,
- file an Event Report, and
- complete a Law Enforcement Officers Killed or Assaulted report form (required for
statistical reporting).
If the assault results in injury to the officer, he/she shall also file an Injury On Duty Report.
As with an Injury On Duty Report, if an officer is unable to complete the Law Enforcement
Officers Killed or Assaulted report, his/her supervisor will complete that form.
Completed Law Enforcement Officers Killed or Assaulted reports will be forwarded to the
Deputy Chief in charge of that bureau. The Deputy Chief will review the report and forward it
to the Records Unit for processing.
If an officer is assaulted, including Fifth Degree Assault, or encounters a degree of resistance
sufficient to justify a charge of obstructing legal process of law, the case will be referred to the
proper prosecuting authority.
See also, 5-308 Injury / Medical Attention above.

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Investigation of Non-Deadly Use of Force
A superior officer shall investigate any use of force resulting in injury to the suspect or officer
involved.
Absent the objection of the injured person, the investigating superior officer shall have
photographs taken of the injuries. Officers with visible injuries shall be photographed. If
consent for photographs cannot be obtained it shall be noted in the supervisor's report.
The involved officer's supervisor is responsible for the initial investigation of any alleged or
actual unauthorized use of force incidents. Upon a complaint of unauthorized use of force, the
superior officer shall complete the Personnel Complaint Form. See Chapter 2-100 Personnel
Misconduct.

5-311

Departmental Investigative Response to Deadly Force Incidents
When any incident occurs involving the use of deadly force, the Department shall conduct a
criminal investigation of the incident, and an administrative investigation regarding the use of
deadly force. Each is conducted separately, guided by distinctly different procedures and
rules. Specifically, the interviews of the involved officer are conducted independently, and
each interview is controlled by a different set of procedural warnings. This separation is
critical to ensure officer rights yet produce comprehensive investigations.

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5-311.01 Legal Representation
In accordance with MSS 471.44, the City will provide legal council to officers in all actions to
recover damages for alleged false arrest or alleged injury to person, property or character
when the officer acted in good faith within the scope of his/her employment. The City will
provide private legal representation only when the officer has acted within the scope of his/her
employment, and the city attorney's office has determined that the interests of the City and the
officer are in conflict.
All communications between the officer and attorney are privileged and must remain
confidential and undisclosed unless released by authority of the officer.

5-311.02 Administrative Leave / Limited Duty
Revised September 15, 2000
Any officer directly involved in a deadly force incident shall be placed on administrative leave
directly upon completion of his/her reports of the incident. This leave shall be without loss of
pay or benefits, pending the results of the investigation. The assignment to administrative
leave shall not be interpreted to imply that the officer has acted improperly. See 2-403
Psychological Services Following Deadly Force Incident.
While on administrative leave, the officer shall remain available for official Departmental
interviews and statements regarding the shooting incident. During the investigation of the
incident, the facts of the case are regarded as confidential. Only public statements given or
authorized by the Administration, or the City or County Attorney are allowed.
Upon returning to duty, the officer may be assigned to limited duty for a period of time as
deemed appropriate by the officer, his/her psychologist and/or physician, and the Chief of
Police.

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Civil Rights Investigations
The Department will respect the authority of the Federal Government to conduct an
independent investigation to identify any civil rights violations which may have occurred.
Under some circumstances, the Department may request the Federal Bureau of Investigations
to conduct an independent investigation. That investigation may include potential violation of
civil rights statutes.

5-313

Investigative Procedure of Deadly-Force Incidents
The following procedures will be used to investigate every incident of firearms discharge, or
other use of deadly force, by a Department member except for target practice, hunting,
ballistics examinations, and incidents involving the destroying of an animal.

5-313.01 Involved Officer Responsibilities
Whenever an officer discharges his/her firearm either accidentally or officially, or otherwise
uses deadly force, he/she shall immediately:
- ensure that there are no additional threats to safety and secure his/her weapon
- determine the physical condition of any injured person and render first aid when
appropriate
- request emergency medical aid
- notify the Communications Unit of the incident and location
- secure the scene
The officer will remain at the scene (unless injured) until the appropriate investigators arrive.
However, if the circumstances are such that the continued presence of the officer at the scene
might cause a more hazardous situation to develop (violent crowd), the ranking commanding
officer at the scene shall have the discretion to instruct the officer to move to another, more
appropriate location.

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5-313.01 Involved Officer Responsibilities (continued)
The involved officer:
- shall prepare in detail, all required reports of the incident. Where the officer is the
subject of a criminal investigation such written reports cannot be compelled
- should not discuss the case with anyone except supervisory and investigative personnel,
and the officer's private attorney
- shall be available at reasonable times for administrative (internal) interviews and
statements regarding the case and shall remain subject to recall to duty at any reasonable
time
5-313.02 Communications Unit Responsibilities
The Communications Unit personnel receiving the call shall:
- dispatch requested medical assistance
- dispatch requested back-up personnel
- notify the officer's superior officer
- notify the on-duty Patrol Commander
5-313.03 Patrol Division Superior Officer Responsibilities
A Patrol Division Superior Officer shall:
- proceed immediately to the scene
- assist the involved officer(s)
- secure the scene
- establish a command post if necessary
- identify an officer to document appropriate activities on a chronological record, if
appropriate
- preserve the officer's weapon as evidence. (Note: at the time when the officer's weapon
is seized for evidence, the superior officer should immediately issue a replacement
weapon to the officer.)
- conduct a preliminary field investigation. Include information on:
- officer's weapon, ammo, holster
- suspect information: name, description, etc.
- suspect's weapons
- vehicles at the scene
- all police personnel at the scene
- all other participants, (ambulance crew, etc.)
- witness information
- give command assistance to the assigned investigators
- submit a detailed written report of the results of the preliminary investigation

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5-313.04 Patrol Division Duty Commander Responsibilities
Revised September 15, 2000
The on-duty Patrol Commander shall:
-

confer with the supervisor in charge of the scene
notify the Chief of Police, if appropriate
notify the Deputy Chief, if appropriate
notify the Investigative Division Commander, if appropriate
in the case of a serious injury or death, place the officer on administrative leave, after
he/she is finished with the investigators. There will be no loss of pay or benefits, pending
the results of the investigations. The assignment to administrative leave shall not be
interpreted to imply or indicate that the officer has acted improperly.

5-313.05 Investigative Division Responsibilities
The Investigative Division will immediately conduct a thorough investigation of every use of
force incident by a police officer which results in serious injury or death. The investigation
shall include the following minimum procedural standards:
- proceed to the scene immediately upon notification
- secure the scene
- examine the weapons of all officers present at the time shots were fired including
weapons in police vehicles
- seize the weapon(s) which may have been fired, at an appropriate time
- seize samples of unspent ammunition
- separate, secure and interview all on-scene witnesses
- photograph and diagram the scene
- secure all physical evidence. Have proper medical authorities secure projectiles from the
victim's body
- secure Communication Unit tapes of the incident
- obtain hospital, autopsy, lab and photographic report
- before interviewing or requesting written statements of the involved officer(s), the
investigator shall advise the officer of his/her rights in a criminal investigation if the
officer is under custodial arrest
The Investigative Division shall submit a detailed report of the investigation to:
- the Chief of Police
- the Deputy Chief
- the County Attorney

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5-313.06 Administrative Investigator Responsibilities
The Commander of the Investigative Division shall conduct an administrative investigation of
every incident of firearms discharge, or other use of deadly force, by a Department member
except when such discharge was for firearms training, hunting, ballistic examinations, and
incidents involving the destroying of an animal where no near miss or hit of a human resulted.
The administrative investigation will be conducted, subordinate to any criminal investigation,
to determine:
- Whether the shooting was:
- within policy
- out of policy
- accidental
- Training considerations regarding:
- circumstances allowing the use of deadly force
- drawing and exhibiting firearms
- firing of weapon
- tactics prior to drawing and discharging
- tactics during and following discharge
- The quality of supervision prior to, during, and after the shooting incident.

ROCHESTER POLICE DEPARTMENT MANUAL
Volume Five - Code Of Conduct And Use Of Force
Chapter 5-300 Use Of Force

September 15, 2000
Chapter 5-300
Page 18 of 21

5-313.06 Administrative Investigator Responsibilities (continued)
The taking of formal statements in an administrative investigation shall be done in accordance
with Minn. Stat. Section 626.89. See 2-104.01 Formal Statements. Before interviewing or
requesting written statements of the involved member(s), the Investigative Division Captain
shall advise the officer of his/her rights in an administrative investigation. Those rights
include:
- the right to be interviewed at a facility of the employing or investigating agency or at a
place agreed to by the investigating individual and the accused officer
- the right of the investigation to be narrowly defined to the specific use of force incident
- the right to know the name of the officer in charge of the investigation and the name of
the officer conducting the interview
- the right to receive a copy of a signed complaint and a summary of the allegations
- the right to have an attorney or union representative of the officer's choosing present
during the session
- the right to know if he is suspected of misconduct which if sustained, could be grounds
for disciplinary action including dismissal
- the right to refuse to answer any questions, but such refusal shall be grounds for
disciplinary action including dismissal
- the right to be advised in writing or on the record that admissions made in the course of
the formal statement may be used as evidence of misconduct or as a basis for discipline
- that the results of the internal investigation interview cannot be used against the officer in
any subsequent criminal proceeding
- interviews will be held during the officer's on-duty hours unless off-duty interviews can
be justified by the specific situation
- the interviewed officer shall, upon request, be provided a copy of any statement given by
him/her
The Investigative Division Captain will prepare a detailed report of findings and forward to the
Chief of Police, and the Deputy Chief.

ROCHESTER POLICE DEPARTMENT MANUAL
Volume Five - Code Of Conduct And Use Of Force
Chapter 5-300 Use Of Force

5-314

September 15, 2000
Chapter 5-300
Page 18 of 21

Review of Deadly Force Incidents
Revised December 1, 1998
The Deputy Chief of Operations will evaluate, in explicit and fact-finding fashion, each aspect
of an officer-involved use of deadly force. Such evaluation will include:
- a thorough review of the criminal investigation report
- a thorough review of the Internal Investigation Report
- hearing of direct testimony, if necessary, from employees and witnesses
The Deputy Chief of Operations will develop findings and make recommendations to the Chief
of Police in the following areas:
-

whether the shooting was within policy, out of policy, or accidental
policy considerations
tactical considerations
training considerations
quality of supervision
discipline considerations
the post-shooting investigative process and quality

The Chief of Police shall make the final decision whether disciplinary action is to be taken
against the officer, and the nature and extent of the action.