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300 Hastings Police Department
Hastings PD Policy Manual - 2020
Use of Force
300.1 PURPOSE AND SCOPE
It is the policy of the (law enforcement agency) to provide officers with guidelines for the use of
force and deadly force in accordance with:
MN STAT 626.8452 DEADLY FORCE AND FIREARMS USE;
POLICIES AND INSTRUCTION REQUIRED;
MN STAT 626.8475 DUTY TO INTERCEDE AND REPORT;
MN STAT 609.06 AUTHORIZED USE OF FORCE;
MN STAT 609.065 JUSTIFIABLE TAKING OF LIFE; and
MN STAT 609.066 AUTHORIZED USE OF FORCE BY PEACE OFFICERS.
300.1.1 DEFINITIONS
Definitions related to this policy include:
Bodily harm - Physical pain or injury.
Deadly force - Force reasonably anticipated and intended to create a substantial likelihood of
causing death or great bodily harm.
Feasible - Reasonably capable of being done or carried out under the circumstances to
successfully achieve the arrest or lawful objective without increasing risk to the officer or another
person.
Force - The application of physical techniques or tactics, chemical agents, or weapons to another
person. It is not a use of force when a person allows him/herself to be searched, escorted,
handcuffed, or restrained.
Great bodily harm - Bodily injury which creates a high probability 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 other serious bodily harm.
Imminent - Ready to take place; impending. Note that imminent does not mean immediate or
instantaneous.
Totality of the circumstances - All facts and circumstances known to the officer at the time,
taken as a whole, including the conduct of the officer and the subject leading up to the use of force.
300.2 POLICY
It is the policy of this law enforcement agency to ensure officers respect the sanctity of human life
when making decisions regarding use of force. Sworn law enforcement officers have been granted
the extraordinary authority to use force when necessary to accomplish lawful ends. Officers
shall treat everyone with dignity and without prejudice and use only the force that is objectively
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Use of Force
reasonable to effectively bring an incident under control, while protecting the safety of others and
the officer.
Officers shall use only that amount of force that reasonably appears necessary given the facts
and circumstances perceived by the officer at the time of the event to accomplish a legitimate law
enforcement purpose.
Officers should exercise special care when interacting with individuals with known physical,
mental health, developmental, or intellectual disabilities as an individual's disability may affect the
individual's ability to understand or comply with commands from peace officers.
The decision by an officer to use force or deadly force shall be evaluated from the perspective
of a reasonable officer in the same situation, based on the totality of the circumstances known
to or perceived by the officer at the time, rather than with the benefit of hindsight, and that the
totality of the circumstances shall account for occasions when officers may be forced to make
quick judgments about using such force.
This policy is to be reviewed annually and any questions or concerns should be addressed to the
immediate supervisor for clarification.
This policy applies to all licensed peace officers and part-time peace officers engaged in the
discharge of official duties.
Section (300.4) Procedure, subsection 300.4.5 paragraphs (A) and (B), are effective March 1,
2021 and thereafter.
300.3 PROCEDURE
300.3.1 GENERAL PROVISIONS
A.Use of physical force should be discontinued when resistance ceases or when the
incident is under control.
B.Physical force shall not be used against individuals in restraints, except as objectively
reasonable to prevent their escape or prevent imminent bodily injury to the individual,
the officer, or another person.In these situations, only the amount of force necessary
to control the situation shall be used.
C.Once the scene is safe and as soon as practical, an officer shall provide appropriate
medical care consistent with his or her training to any individual who has visible
injuries, complains of being injured, or requests medical attention.This may include
providing first aid, requesting emergency medical services, and/or arranging for
transportation to an emergency medical facility.
D.All uses of force shall be documented and investigated pursuant to this agency's
policies.
300.3.2 DUTY TO INTERCEDE
Regardless of tenure or rank, an officer must intercede when:
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Use of Force
A.present and observing another officer using force in violation of section 609.066,
subdivision 2, or otherwise beyond that which is objectively reasonable under the
circumstances; and
B.physically or verbally able to do so
300.3.3 DUTY TO REPORT
An officer who observes another officer use force that exceeds the degree of force permitted by
law has the duty to report the incident in writing within 24 hours to the chief law enforcement officer
of the agency that employs the reporting officer.
300.3.4 DE-ESCALATION
A.An officer shall use de-escalation techniques and other alternatives to higher levels of
force consistent with their training whenever possible and appropriate before resorting
to force and to reduce the need for force.
B.Whenever possible and when such delay will not compromise the safety of another
or the officer and will not result in the destruction of evidence, escape of a suspect,
or commission of a crime, an officer shall allow an individual time and opportunity to
submit to verbal commands before force is used.
300.3.5 USE OF OTHER THAN DEADLY FORCE
When de-escalation techniques are not effective or appropriate, an officer may consider the use
of other than deadly force to control a non-compliant or actively resistant individual.An officer is
authorized to use agency-approved other than deadly force techniques and issued equipment in
the following circumstances:
A.effecting a lawful arrest; or
B.the execution of legal process; or
C.enforcing an order of the court; or
D.executing any other duty imposed upon the public officer by law; or
E.defense of self or another.
300.3.6 USE OF CERTAIN TYPES OF FORCE
A.Except in cases where deadly force is authorized as articulated in MN STAT. 609.066
to protect the peace officer or another from death or great bodily harm, officers are
prohibited from using:
1.Choke holds,
2.Tying all of a person's limbs together behind a person's back to render the person
immobile, or;
3.Securing a person in any way that results in transporting the person face down
in a vehicle.
B.Less than lethal measures must be considered by the officer prior to applying these
measures.
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300.3.7 SHOOTING AT OR FROM MOVING VEHICLES
Firearms shall not be discharged at an occupied stationary or moving vehicle, the occupants of
the vehicle, or the tires of a moving vehicle, unless deadly force is authorized under Minn. Stat.
609.066, AND when the present threat is other than the moving vehicle.
300.4 MEDICAL CONSIDERATIONS
Once it is reasonably safe to do so, medical assistance shall be obtained for any person who
exhibits signs of physical distress, has sustained visible injury, expresses a complaint of injury
or continuing pain, or was rendered unconscious. Any individual exhibiting signs of physical
distress after an encounter should be continuously monitored until the individual can be medically
assessed. Individuals should not be placed on their stomachs for an extended period, as this could
impair their ability to breathe.
Based upon the officer's initial assessment of the nature and extent of the individual's injuries,
medical assistance may consist of examination by an emergency medical services provider or
medical personnel at a hospital or jail. If any such individual refuses medical attention, such
a refusal shall be fully documented in related reports and, whenever practicable, should be
witnessed by another officer and/or medical personnel. If a recording is made of the contact or an
interview with the individual, any refusal should be included in the recording, if possible.
The on-scene supervisor or, if the on-scene supervisor is not available, the primary handling officer
shall ensure that any person providing medical care or receiving custody of a person following any
use of force is informed that the person was subjected to force. This notification shall include a
description of the force used and any other circumstances the officer reasonably believes would
be potential safety or medical risks to the subject (e.g., prolonged struggle, extreme agitation,
impaired respiration).
Individuals who exhibit extreme agitation, violent irrational behavior accompanied by profuse
sweating, extraordinary strength beyond their physical characteristics, and imperviousness to
pain, or who require a protracted physical encounter with multiple officers to be brought under
control, may be at an increased risk of sudden death. Calls involving these persons should be
considered medical emergencies. Officers who reasonably suspect a medical emergency should
request medical assistance as soon as practicable and have medical personnel stage away.
See the Medical Aid and Response Policy for additional guidelines.
300.5 TRAINING
Officers shall receive training on this policy, including the learning objectives as provided by the
Board of Peace Officer Standards and Training (POST), and demonstrate their knowledge and
understanding at least annually (Minn. Stat. § 626.8452, Subd. 3).
Subject to available resources, officers should receive periodic training on guidelines regarding
vulnerable populations, including but not limited to children, elderly, pregnant persons, and
individuals with physical, mental, or intellectual disabilities.
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Use of Force
300.5.1 STATE-SPECIFIC TRAINING REQUIREMENTS
Warrior-style training, as defined in Minn. Stat. § 626.8434, whether provided directly by the
Department or through a third party, is prohibited (Minn. Stat. § 626.8434).
300.6 POLICY REVIEW
The Chief of Police or the authorized designee should annually review and update this policy to
reflect developing practices and procedures.
300.7 RECORDKEEPING REQUIREMENTS
The chief law enforcement officer shall maintain records of the agency's compliance with use of
force training requirements.
300.8 DEADLY FORCE APPLICATIONS
When reasonable, the officer shall, prior to the use of deadly force, make efforts to identify themself
as a peace officer and to warn that deadly force may be used, unless the officer has objectively
reasonable grounds to believe the person is aware of those facts.
Use of deadly force is justified only if an objectively reasonable officer would believe, based on the
totality of the circumstances known to the officer at the time and without the benefit of hindsight,
that such force is necessary (Minn. Stat. § 609.066):
(a)To protect the officer or another from death or great bodily harm.
(b)To effect the arrest or capture, or prevent the escape, of an individual whom the officer
knows or has reasonable grounds to believe has committed or attempted to commit
a felony and the officer reasonably believes that the person will cause death or great
bodily harm to another person unless immediately apprehended.
In both scenarios, the use of deadly force is only authorized provided that the threat (Minn. Stat.
§ 609.066):
•Can be articulated with specificity.
•Is reasonably likely to occur absent action by the officer.
•Must be addressed through the use of deadly force without unreasonable delay.
However, an officer shall not use deadly force against a person whose actions are a threat solely
to themself or property unless the person poses an imminent danger of death or serious physical
injury to the officer or others in close proximity (Minn. Stat. § 609.066).
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