Use of Force Handbook LAPD 1995
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j I I ' LOS ANGELES POLICE DEPARTMENT August 1995 DNC 06884 , TABLE OF CONTENTS Department Policy ............... ......... ... .......... ... 1 Use of Force-Policy 1 Use of Force Options ......... ... ..... .................. . 2 Verbalization 2 Compliance Techniques 5 OC Chemical Agent 8 Taser 9 Swarm Technique 11 Baton 12 Kicks 15 Deadly Force Options-Policy 16 Fleeing Felon Defined 1 7 Upper Body Control Holds 18 Firearms 20 Situation Examples ....................... .. .... ....... .. 25 Individual's Actions: Cooperative 2 5 No Response To Commands 27 Uncooperative 28 Aggressive/Combative 29 life Threatening 32 Medical Treatment ................. ........ ... ......... . 35 Use of Force Reporting Guidelines ... ... ..... .. 36 Reportable Use of Force Incident 36 Notification and Reporting: On-Duty Employee 38 Off-Duty Employee 39 DNC 06885 Table of Contents DEPARTMENT POLICY Use of Force Investigative Responsibility .... 40 Supervisor 40 Officer-Involved Shootings and Use of Force Incidents Resulting in a Suspect Being Hospitalized 50 USE OF FORCE- POliCY In a complex urban society, officers are dail y confronted with situations where contro l must be exercised to effect arrests and to protect the public safety. Control may be achieved through advice, warnings, and persuasion, or by the use of physical force. While the use of reasonable physical force may be necessary in situations \..'!~ c - r r \t lJ ~~QvtA\(l.'f~ JL ,)J 1~'115 vJ II{~ L\..~~ry.~ul t which cannot be otherwise controlled, force ma}'l t(\.0 \ vJ~rYk not be resorted to unless other reasonable o/tt ' ~ 0 \i ) ~t;!V.<f{(,f'v.-~ alternatives have been exhausted or would clearly (W.i~ vHfi'~ J;k y. I · be ineffective under the parti cular ci rcumstances. Officers are permitted to use whatever force that is reasonable and necessary to protect others or themsel ves from bodily harm. California Penal Code, Section 835a, states th at officers may use 1 DNC 068 86 peers; force to effect an arrest, prevent escape, or overcome resistance \),1\1 (_ - "'(;> '(e_ s .lS t &..-"'- u.... \v(z.L... ' · * recognizing that a suspect's remarks are not a personal attack against the officer; and * USE OF FORCE OPTIONS allowing a suspect to retain dignity, whenever possible. Verbalization - When the "Individual's Actions Officers are Cooperative", verbalization is the most confrontations commonly used technique to effect the arrest of techniques prior to, during, and after any use of a suspect. physical force. Verbalization techniques include advising, warning, or persuading. should by attempt utilizing to de-escalate verbalization Actual field experience have shown that certain techniques of Professional Courtesy of Addressing Individuals ve rbalization , Cursing coupled with advantage, and a mature, a position of at people; calling them by professional attitude uncomplimentary names; or referring to them by and appea'rance can prevent further escalation of skin color, ethnic origin, physical appearance, a situation. These techniques include: gender, religious affiliation or socioeconomic status are totally unacceptable and may escalate * explaining any actions about to be taken; * allowing a suspect to save face in front of ... 2 the situation. The proper method of address is 3 DNC 06887 Sir or Madam or Mr., Mrs., Ms. or Miss and the HEAD"; "SPREAD YOUR FINGERS"; are terms last name even when the situation is a difficult which one. A misunderstanding could cause the suspect movement to make a move contrary to the officer's intent. threatening. Keep it Simple Firm Grip· When the "Individual's Actions show Commands should be given in clear, concise NO Response to Commands", and verbalization terms. Unarmed suspects who believe they have proves ineffective, a firm grip may be all that is no reason to be fearful of the police may not necessary to overcome a suspect's resistance. discourage a which suspect can be from making construed as comply with anything less than a clearly defined verbal command. The use of jargon or profanity A firm grip which results in an injury requires a should be avoided. Terms like "freeze" or "hold use of force report. it" may not be readily understood by the suspects. It is impossible to dictate what should be said in each situation but one rule applies; .Actions Keep be techniques such as twist locks, wrist locks, OC "DON'T MOVE"·I spray and baton compliance techniques (non- it simple. Commands straightforward instructions. should "SLOWLY, RAISE YOUR HANDS OVER YOUR 4 are Uncooperative", compliance> striking) may be useffi 5 DNC 06888 The following instances would be appropriate The use of alternate control techniques should be situations evaluated with regard to the situation at hand. I for employing a firm compliance technique on an suspect where reasonable grip or uncooperative all ·nstances, the officer must use .o nly that attempts ameunt of force which at verbalization have been exhausted. * is reasonable and necessary to control the suspect. The officer is reasonably confident that Each time a compliance technique is used on any control can be achieved by a firm grip or person a use of force report shall be completed. compliance technique. Exception: * That force necessary to The officer is reasonably certain that control overcome passive resistance due to physical can be attained with the support of the disability or intoxication which does not partner officer or others. result in an injury; e.g.; the use of wrist lock to assist an intoxicated person to a standing In those · instances when a firm grip or compliance techn ique is ineffective, the officer position, does not require the completion of a use of force report. should return to a position of advantage. 6 7 DNC 06889 OC Chemical Agents - When the "Individual's Federal law and may also result in civil litigation. Actions are Uncooperative", OC chemical agent may be used. The use of OC ·chemical agent When Medical Treatment is required in the Use should be considered in situations when an of OC Chemical Agent officer's attempts at verbalization are not effective Normally, medical treatment for suspects who and the officer reasonably believes and tan have been sprayed with OC is not required. A articulate that approaching the suspect would suspect who has been sprayed with OC and who escalate the incident to a higher level of force. experiences continued difficulty in breathing or Moreover, OC may be used to overcome and vision impairment for an extended duration shall control a suspect's uncooperative or aggressive be immediately taken for medical treatment. actions if verbalization is not successful. Verbal When in doubt, officers shall seek advice from a threats of violence by a suspect do not alone supervisor justify the use of OC. Any threat must be a treatment should be obtained. When officers use credible one, one which would cause officers to the OC chemical agent a use of force report shall . reasonably believe that it would be unsafe to who will determine if medical be completed. approach the suspect. Therefore, officers must be prudent in the use of OC as abuse or misuse of lASER - When the "Ind ividual's Actions are thi s device can be a violation of State and/or Aggressive/Combative", a taser may be used. The 8 9 DNC 06890 Taser is a nonlethal control device which may be Medical Treatment Required Control Device is Used When laser used to control aggressive or combative suspects Whenever the T ASER control device is used to when an officer reasonably believes the following control a suspect in custody, or being taken into conditions exist: custody, and the TASER darts make contact with that suspect's clothing or skin, the suspect shall * Deadly force does not appear to be be immediately examined by medical personnel. justifiable and/or necessary; and If the suspect loses consciousness, officers shall * Attempts to subdue the suspects with other immediately request an ambulance. non-deadly tactics have been or will likely be ineffective in the situation; and Note: * Medical personnel shall include a There is a reasonable expectation that it will doctor or a nurse at a contract hospital or be unsafe for officers to approach to within jail dispensary, or a paramedic. contact range of the suspect. Swarm Technique - When the "Individual's When a Tt\SER is discharged and contacts any Actions are Aggressive/Combative", the Swarm person, a use of force report shall be completed technique may be used. This tactic utilizes the with the exception of an accidental discharge combined body weight of several officers to involving Department personnel only. control the suspect. 10 The Swarm technique 11 DNC 06891 requires pre-planning and a coordinated, decision to draw or exhibit a baton mu st be simultaneous effort by all involved officers. This based on the tactical situation. For example, the technique reduces the risk of injury while drawing of a baton may be reasonable in a allowing maximum control of the suspect. situation of an officer entering a bar or other location of prior disturbance calls, or exhibiting The swarm technique should not be attempted on the baton in a situation whe re there is an a suspect who is believed to be armed. Physical escalating risk to the officer's safety. contact should not be made until all means of situation continues to escalate, the baton can verbal control have been exhausted and sufficient provide a viable method of controlling a suspect. officers are present. When a swarm technique is The used a use of force report shall be completed. compliance baton 's uses include techniques, If the come-a-longs, takedowns, striking movements, and blocks. Baton - When the "Individual's Actions are Aggressive/Combative", a baton may be used as Note: an striking move ment to gain compl iance to impact device. The baton may be oaton sFaall not be used in a appropriately displayed as a show of force if vg[l}.a verbalization techniques appear to be ineffective agg essive actions by the suspect. commands absent combative or w hen used on a physically aggressive suspect. A 12 13 DNC 06892 tactical takedowns, or striking any person, a use of force supervisor shall prepare the appropriate after report is required. action report documenting the officer's actions. When a baton or the situation has been resolved . The When a baton is used for compliance techniques, equivalent is used as a "show of force" or for blocking, a use of force report shall not be A Use of Force Report is required when officer(s) completed . use the baton in a crowd control situation and become involved in an isolated incident with an A Use of Force Report is not required when individual in the crowd that goes beyond the officer(s) become involved in an incident in movement of the crowd. which the baton is used in a crowd control situation to push or move unruly individuals who Kicks • When the "Individual's Actions are exhibit unlawful, hostile behavior and who do Aggressive/Combative", kick techniques may be not respond to verbal directions by the police. used. This procedure will apply only to officers working round house kicks can be applied as alternate use in organized squad and platoon sized units. of force techniques. Officers proficient in the use Additionally, should the baton be utilized under of kicking techniques have an available tactic that these ci rcumstances, officers shall notify their can be quickly utilized when attempti ng to immediate supervisor of the use of force once the control a combative suspect. 14 Kicks such as the front, side, rear, and 15 DNC 068 93 When an officer uses a kick on any person, a use others if apprehension is delayed. of force report shall be completed. Officers shall not use deadly force to protect DEADLY FORCE OPTIONS THE USE OF DEADLY FORCE - POLICY themselves from assaults which are not likely to have serious results. An officer is authorized the use of deadly force when it reasonably appears necessary to: Deadly force shall only be exercised when all reasonable alternatives have been exhausted or * protect the officer or others from an appear impracticable. immediate threat of death or serious bodily injury, or "IDOL", * in "Immediate Defense Of life" prevent a crime where the suspect's actions situations, officers would be justified in the use of place persons in jeopardy of death or deadly force. serious bodily injury, or * apprehend a fleeing felon for a crime Fleeing Felon Defined -An officer is justified in involving serious bodily injury or the use of using deadly force to effect the apprehension of deadly force where there is a substantial risk a fleeing felon only when certain criteria have that the person whose arrest is sought wi II been met. In conformance with Department cause death or serious bodily injury to 16 17 DNC 06894 policy, deadly force may be used, when alternative in life threatening or endangering necessary, to effect the arrest of anyone an officer situations whenever the use of deadly force is reasonably believes is fleeing from and has warranted. committed a violent felony crime, including murder, mayhem, rape, robbery, and in some When an upper body control hold is used on a cases of ADW, attempted murder or arson. person, a use of force report shall be completed. Further, will the escape of the perpetrator constitute a continued threat to the welfare and If apprehension is Medical Treatment Required When A Carotid Upper Body Control Hold Is Used delayed and serious bodily injury or death might Whenever a modified carotid, full carotid, or occur as a result of the delay, then deadly force locked carotid upper body control hold is used, is warranted. t~e safety of the community? suspect shall be immediately examined by a physician at a contract hospital or jail dispensary. Upper Body Control Holds - When the "lndividuaf's Actions are Life Threatening", the Note: modified carotid, full carotid, and lqcked carotid unconscious are upper body control holds available for use by consciousness immediately, officers shall officers. request an ambulance. These holds can be used as an 18 If the suspect and fails is to rendered regain 19 DNC 06895 Firearms - When the "Individual's Actions are fire at a "fleeing felon" if the officer has any Life Threatening", a firearm may be used. If the doubt whether the person fired at is in fact the situation becomes life threatening, the officer may person against whom the use of deadly force is be compelled to escalate to the ultimate level of permitted under this pol icy. force. The use of deadly force is a last resort, dictated by the life endangering actions of a Note: (See: Fleeing Felon D efined) suspect toward an officer or another person. An officer's decision to use deadly force shall be Justification for the use of deadly force must be based on the acronym BALKS: limited to what reasonably appear to be the facts B-Background known or perceived by an officer at the time the A-Age officer decides to shoot. L-Last resort Facts unknown to an officer, no matter how compelling, cannot be considered at a later date to justify a shooting. K-Knowledge of the total circumstances 5-Seriousness of the crime An officer shall not fire at a person who i s called upon to halt on mere suspicion and who simply This Department has always utilized extreme runs away to avoid arrest. Nor should an officer caution with respect to the use of deadly force 20 21 DNC 06896 against youthful offenders. Nothing in this policy inherently dangerous and places other officers is intended to reduce the degree of care required and community members at risk. in such cases. Drawing or Exhibiting Firearms - Unnecessarily Officers shall not use deadly force to ·effect the or prematurely drawing or exhibiting a firearm arrest or prevent the escape of a person whose limits an officer's alternatives in controlling a only offense is classified solely as a misdemeanor situation, creates unnecessary anxiety on the part under the Penal Code. of citizens, and may result in an unwarranted or accidental discharge of the firearm. Officers shall Generally, warning shots should not be fired. not draw or exhibit a firearm Additionally, firing at or from moving vehicles is circumstances surrounding the incident create a generally prohibited. Experience shows such reasonable belief that it may be necessary to use is rarely effective and is extremely the firearm in conformance with this policy on action hazardous to innocent persons. Further, officers unless the the use of firearms. are reminded that all other available options should be considered prior to using a firearm to Note: shoot out a street light for tactical operations. September 29, 1977, the Board of Police The discharge of a firearm at a street light is Commissioners adopted the following as a 22 During a special 23 meeting on DNC 06897 valid interpretation of this Section: Unnecessarily or prematurely drawing SITU AliON EXAMPLES or The following are examples of suspect actions as on the use of force chart. exhibiting a firearm limits an officer's alternatives described in controlling a situation, creates unnecessary Additionally, examples of appropriate and anxiety on the part of citizens, and may result in inappropriate responses by officers are also an unwarranted or accidental discharge of the provided in each of the examples. firearm. An officer's decision to draw or exhibit a firearm should be based on the tactical situation INDIVIDUAL'S ACTIONS COOPERATIVE and the officer's reasonable belief there is a EXAMPLE 1: substantial risk that the situation may escalate to discovers that a violator is wanted on ·an the point where deadly force may be justified. outstanding traffic warrant. When an officer has determined that the use of cooperative deadly force is not necessary, the officer shall, as directions. During a traffic stop an officer and responds The violator is to the officer's soon as practicable, secure or holster the firearm. Under these conditions the appropriate response by the officer is verbalization. 24 25 DNC 06898 SITUATIONAL USE OF FORCE OPTIONS * INDIVIDUAL'S ACTIONS REPORTABLE FORCE UNCOO~ERATIVE * · INDIVIDUAL'S ACTIONS NO RESPONSE TO COMMANDS --- .. - . * GRIP - . . . OIC SPRAY CHEMICAL AGENTS ·. . INDIVIDUAL'S ACTIONS ·:· . . J\GGREss!vt; /~OMBAT~~ / : * VERBAL *** • : WAIST LOCKS TWIST LOCKS WAIST LOCK DOWN I ARM BAR * * TASER * * .. ' · PROFESSIONAL CONTROL SEARCH & HANDCUFF NON-VERBAL POLICY FORCE MUST BE: A Last Resort Reasonable and Necessary With Minimum Force Known Facts at the time Defensive or Reactive FIVE ELEMENTS OF TACTICS: 1. Planning 2. Communicating 3. Observing 4. Approaching 5. Flexibility KICKS I LEG SWEEPS BATON COMPLIANCE TECHNIQUES· (NON-STRIKING) REPORTABLE IF INJURED INDIVIDUAL'S ACTIONS COOPERATIVE :.'<-: '; LOS ANGELES POLICE DEPARTMENT SWARM TECHNIQUE WRESTLING TECHNIQUES INDIVIDUAL'S ACTIONS LIFE THREATENING * UPPER BODY CONTROL HOLDS * : ~ FIREARMS IDOL BALKS VIOLENT FLEEING FELON LAW 835(a)PC J Position of Advantage \ FORCE CAN ONLY BE USED TO: Effect an Arrest Prevent Escape Overcome Resistance Verbalization should be continued to de-escalate a Use of Force situation DNC 06899 An inappropriate response is for the officer to do anything more than verbalize absent any other INDIVIDUAL'S ACTIONS NO RESPONSE TO COMMANDS EXAMPLE: An officer orders an intoxicated factors that may show that the suspect is not subject to stand up, sit down, step back, turn cooperative. around, etc., and the subject does not respond. EXAMPLE 2: Officers arrest a 72-year-old man Under these conditions the appropriate response for the murder of his wife. The suspect follows by the officer is the use of a firm grip or that the directions of the officers. force necessary to overcome passive resistance due to physical disability or intoxication with As in all contacts with the public, officers must continued verbalization to affect the suspect to be mindful of the situation and conditions at comply with the officer's orders. hand. Under these circumstances the appropriate response by officers is verbalization. A use of force situation could occur if the suspect became An inappropriate response by the officer would be the immediate use of O.C. spray, or the use of uncooperati.ve requiring officers to resort to an an arm bar, twist lock, or higher level of force appropriate use of force to control the situation. absent other mitigating factors. However, absent any other factors, any response other than verbalization is inappropriate. 26 27 DNC 06900 INDIVIDUAL'S ACTIONS UNCOOPERATIVE INDIVIDUAL'S ACTIONS AGGRESSIVE/COMBATIVE EXAMPLE 1: A suspect being taken into custody EXAMPLE 1: A suspect is advised that he/she is suddenly goes rigid and refuses to comply with under arrest and assumes a fighting stance or officer's directions. pulls away from the officer. The suspect states, "You're not taking me to jail." Even though the the suspect is not currently attacking the officer, the deployment of O.C. chemical agent or other suspect is actively and aggressively resisting the compliance techniques mentioned in the previous officer's attempt to arrest him or her. An officer's appropriate response is example. An officer's appropriate response may be the use The use of tasers, kicks, leg sweeps, impact of OC chemical agent, a taser, swarm/wrestling devices, swarm and wrestling techniques by the techniques, kicks/leg sweeps, or impact device officer is an inappropriate immediate response (i.e., baton). unless other mitigating factors existed to escalate to a higher level of force. An inappropriate response is the use of an upper body control hold or deadly force. · 28 29 DNC 06901 EXAMPLE 2: Officers make a traffic stop and exit An inappropriate response by officers would be their police vehicle. The violator exits his vehicle to resort to the use of deadly force to control this and aggressively charges toward the officers with situation. his fists raised and verbally threatens the officers' safety and/or the suspect is capable of carrying EXAMPLE 3: An officer assigned to an Area desk out the aggressive action(s) resulting in possible is taking a domestic violence report. The spou se injury to the officers. arrives and begins punching the person reporting (PR) or the officer perceives that an assault is The officers immediate response is to protect themselves or others from bodily injury. imminent. An appropriate response may be the deployment of Several use of force options are available for an the taser, impact device i.e. baton or kicks, or leg officer to deploy in th is situation . The use of a sweeps. Officers may also consider using a firm grip on the suspect is appropriate if the comb ination of lower use of force options (i.e., officer believes that the assault is imminent and O.C. spray) combined with other appropriate such action would prevent the assault and control levels of force that may prove effective in the situation. controlling thi s situation. kicks/leg sweeps, wrestling techniques, impact The use of OC chemica l agen t, devices are appropriate if the assault is occurring. 30 31 DNC 069 0 2 An inappropriate response is to resort to the use EXAMPLE 2: (Fleeing felon) Officers are aware of of deadly force which in this case is unwarranted. a series of robberies involving convenience stores. The suspect uses a sawed-off shotgun, wears a yellow ski mask, and has shot several INDIVIDUAL'S ACTIONS LIFE THREATENING store clerks. Citizens flag down two officers on EXAMPLE 1: (I DOL) Officers approach a suspect patrol and point to a store which they say is to conduct an investigation of possible narcotics being robbed by a suspect who fits the above sales. description. Before back-up can arrive, officers The suspect ignores officers' directions, draws a handgun from his pocket and points it at hear gun shots from the store. The suspect the officers. bec!Jmes aware of the pol ice outside the store and attempts to flee on foot. The officers observe Minimizing the risk of death and the reverence the suspect armed, matching the description of for human life is the Department's primary the previous robbery suspects, exit the store and consideration and philosophy. However, certain flee. The officers exhaust all available options in situations will warrant the use of deadly force. an attempt to apprehend the suspect. As in the above example, the appropriate suspect is escaping. The response by officers is the use of deadly force. I t 32 33 DNC 06903 '· The previous scenario is an example of the NOTE: fleeing felon rule where the appropriate response verbalization may be the use of deadly force. throughout the incident to de-escalate the An officer is justified in using deadly force to effect the In all use of force situations, should be continued situation. apprehension of a fleeing felon only when certain criteria have been met. In conformance with Department policy, deadly force may be used, MEDICAL TREATMENT when necessary, to effect the arrest of anyone an officer reasonably believes is fleeing from and has committed a violent felony crime, including When a reportable use of force is used on any murder, mayhem, rape, robbery, and in some person, Department Manual Section 4/648 and all cases of ADW, attempted murder or arson. related Further, will the escape of the perpetrator photographs of all injuries and complained-of constitute a continued threat to the welfare and injuries, even when no visible evidence of th e safety of th'e community? complained-of injuries is present. If apprehension is subsections shall apply . Obtain delayed and serious bodily injury or death might occur as a result of the delay, then .deadly force is warranted. 34 35 DNC 0 69 04 USE OF FORCE by a suspect. REPORTING Exceptions: GUIDELINES reportable under the provisions of this Section: REPORTABLE USE OF FORCE INCIDENT DEFINED * A reportable use of force incident is defined as any incident in which any on-duty Department employee or The following incidents are not off-duty employee, The use of a firm grip control only, which does not result in an injury; or, * The force necessary to overcome passive whose resistance due to physical disability or occupation as a Department employee is a factor, intoxication which does not result in an uses a non-lethal control device or any physical injury; e.g., the use of a wrist lock to assist force to: an intoxicated person to a standing position; or, * * compel a person to comply with the An incident investigated by the Homicide employee's directions; or Special Section, Robbery-Homicide Division overcome resistance by a suspect during an or Detective Headquarters Division; or, arrest or a detention; or * * * Any non-lethal or lethal control device of defend any person from an aggressive action 36 37 DNC 06905 physical force used at an approved training Off-Duty Employee - Responsibilities. Off-duty employee involved in a reportable use of force exercise. incident in which the employee's occupation as NOTIFICATIONS AND REPORTING a Department employee is a factor shall: On-Duty Employee - Responsibilities. On-duty employees involved in a reportable use * of assignment without delay; or of force incident shall: * * identification of all witnesses and physical evidence which clarifies the use of force I in the related Department arrest or crime report (Use an Employee's Report, Form 15.7, when a crime or arrest report is not Division, when the employee's location of assignment is closed; and Report the full details of the use of force incident, including specific statements and Notify the Watch Commander, Detective Headquarters Notify a supervisor from their Area/division of assignment without delay; and * Notify a supervisor from their Area/division * Submit an Employee's Report, form 15.7, reporting the full details of the use of force incident, including specific statements and identification of all witnesses and physical evidence which clarifies the use of force I and listing all connected outside agen cy reports no later than the next regularly required). 38 39 DNC 06906 scheduled tour of duty, NOTE: This procedure does not alter requirements for reporting off-duty incidents the involved employee's division is closed, shall: * Respond to the scene of a use of force incident; that may be of concern to the Department (i.e., incidents likely to result in a police NOTE: When exigent circumstances exist response or crime report, etc.). and a response to the scene of a use of force USE OF FORCE INVESTIGATIVE incident is impracticable, the supervisor shall arrange an alternate location for the investigation to be completed (e.g., away from a hostile group or at the station). RESPONSIBILITY When no supervisor from the concerned Area is uninvolved or available to respond, GENERAL a supervisor from an adjoining Area (preferably from the same bureau} shall Supervisor - Responsibilities. When notified that respond and complete the initial a use of force incident has occurred, a supervisor investigation. from the employee's Area/division of assignment, or any supervisor assigned the investigation when 40 DNC 06907 Independently * employees, * interview suspects, all involved Force Report. Other employees associated to with the incident, but not using a reportable and witnesses determine what occurred; use of force, should be listed as witnesses in Ask the involved suspects if and how they the "Supervisory Narrative". were injured and determine if the injury is * consistent with the actions reported; * * Ensure medical treatment is obtained if crime, arrest, or Form 15.7) contains a necessary; complete account of the incident; Obtain photographs of all injuries and complained-of injuries, visible * Ensure the primary Department report (i.e., evidence even when * Approve all related reports; and no of the complained-of NOTE: Supervisors shall not delegate or injuries is present; postpone Complete a separate Use of Force Report for necessary, the investigating supervisor shall each suspect upon whom force was used: remain on duty beyond the end of watch to this responsibility. When approve related reports. NOTE: Only employees who used a reportable use of force shall be listed in the "Involved Employee(s)" section of the Use of 42 * Use the Sergeant's Daily Report, Form 15.48, or Watch 43 Commander's Daily DNC 06908 Report, Form 15.80, to indicate that a Use employee and suspects, and the planning of Force Report was completed. developed by the employees. Example: "1600-1630 hours: SEE USE OF The supervisory review section of the Use of FORCE Force Report is intended to be a brief account of REPORT." (Do not duplicate information contained in related reports). the supervisor's investigation . It need not repeat information that is included in any attached The supervisor shall examine all aspects of the report. use of force incident (i.e., statements of involved parties and other employees and suspects; When all physical evidence, injury information, evidence; techniques and tactics used by the and witness statements are consistent with the involved employees, etc.) and report the findings narrative of the primary Department report (i.e., in the Use of Force Report. crime, arrest, or Form 15.7), the evidence, injury, and witness information should simply be NOTE: Particular attention should be paid summarized and a statement included that all to the approach (position of advantage) of findings are consistent with the police report of the the incident. employees, employees, observations communication 44 of the between 45 DNC 06909 When evidence or a witness statement conflicts NOTE: with the narrative of the primary Department misconduct or requires immediate corrective report, an explanation of the differences shall be action to prevent escalation or reduce included in the supervisory review. liability, the investigating supervisor shall instances, statements of In these witnesses and employees shall not be paraphrased. All statements shall be reported verbatim. initiate When the an incident appropriate involves action. Any counseling, training, or corrective action taken in these instances shall be documented in the employee's comment The supervisory review section need not repeat files and in the Use of Force Report. information that is included in any attached report. The supervisor review shall document the When appropriate, an explanation should be employees' actions and serve as an investigative included detailing why a use of force technique report for review by the appropriate reviewing could not be used {i.e., Oleoresin Capsicum authority. The investigating supervisor shall not "OC" spray not used due to existing wind normally counsel or correct the employees at the conditions, would have exposed officers to the time the Use of Force Report is completed. spray and caused an officer safety hazard; TASER unavailable; due to lack of space, baton not considered; spontaneous action did not allow for 46 47 DNC 06910 verbalization; flashlight used due to baton being complete the supervisory investigation and lost during foot pursuits, etc.). reports; or * NOTE: When circumstances prevent the employee Lf a supervisor is personally from standing by for a responding involved in a use of force incident, either by supervisor, advise the employee to respond planning or taking action, the supervisor to the nearest on-duty watch commander shall (i.e., geographic Area or DHD). not conduct the use of force investigation, nor shall he/she be a member * Immediately Headquarters Division employee's · the details of the incident. * Detective the commanding officer and brief him or her on of any subsequent Use of Force Review Board involving that incident. contact (DHD) - When it is not practical for a supervisor to respond to the scene or for the employee to Responsibilities. Upon being notified of an report to a watch commander, (i.e., due to off-duty use of force incident, the DHD watch injuries, distance, etc.), the DHD watch commander shall: commander shall assign a DH D supervisor to telephonically complete a use of force * Cause the nearest on-duty supervisor to investigation. The report shall be forwarded respond to the location of occurrence and to the commanding officer of the involved 48 49 DNC 06911 considerations; employee. NOTE: The commanding officer of the * Custodial deaths, i.e., jail deaths; and * law Enforcement Activity-Related Deaths (LEARDS). involved employee shall ensure that a follow-up investigation, if appropriate, is The Detective Headquarters Division (DHD) shall conducted. be responsible for investigating: Officer-Involved Shootings and Use of Force Incidents Resulting m a Suspect Being Hospitalized. The Robbery-Homicide Division, * All officer-involved animal shootings; * shootings; is responsible for investigating: * * * * All officer-involved non-tactical accidental All use of force incidents (except officer- Officer-involved shootings involving injury involved shootings investigated by RHO) or death to persons; resulting in suspects being hospitalized. Intentional officer-involved shootings which do not result in injuries; The geographic detectives at the scene of an All n_on-injury accidental officer-involved officer-involved shooting shall provide assistance shootings to RHO detectives when requested. that so involve tactical 51 DNC 06912 Officers ·involved in any incident previously delineated as a responsibility of either RHO or DHD shall immediately notify commander, Area of occurrence. the watch When . the aforementioned incidents occur outside the City of Los Angeles, the notification shall be made to DHD. Upon being notified of the above incidents, watch commanders shall ensure that DHD is apprised without undue delay. 52 DNC 06913