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UNITED STATES DEPARTMENT OF JUSTICE

PRINCIPLES FOR PROMOTING POLICE INTEGRITY

Use of Force

1. General Policy

• Law enforcement agencies must recognize and respect the value and dignity of every person. In vesting law enforcement officers with the lawful authority to use force to protect the public welfare, a careful balancing of all human interests is required.

• Courtesy in all public contacts encourages understanding and cooperation. The most desirable method for effectuating an arrest is where a suspect complies with simple directions given by an officer. When officers are confronted with a situation where control is required to effect arrest or protect the public safety, officers should attempt to achieve control through advice, warnings and persuasion. Where such verbal persuasion has not been effective, is not feasible, or would appear to be ineffective, an officer may use force that is reasonably necessary.
• Policing requires that at times an officer must exercise control of a violent, assaultive, or resisting individual to make an arrest, or to protect the officer, other officers, or members of the general public from a risk of imminent harm. Police officers should use only an amount of force that is reasonably necessary to effectively bring an incident under control, while protecting the lives of the officers and others.

2. Deadly Force

• Law enforcement officers are authorized to use deadly force only when it is reasonable and necessary to protect the officer or others from an imminent danger of death or serious physical injury to the officer or another person. If nondeadly force reasonably appears to be sufficient to accomplish an arrest or otherwise accomplish the law enforcement purpose, deadly force is not necessary.

• Agencies should develop use of force policies that address use of firearms and other weapons and particular use of force issues such as: firing at moving vehicles, verbal warnings, positional asphyxia, bar arm restraints, and the use of chemical agents.

3. Nondeadly Force

• Law enforcement officers are authorized to use agency-approved nondeadly force techniques and agency-issued equipment where reasonable and necessary to resolve incidents: to protect themselves or another from physical harm; to restrain or subdue a resistant individual; or to bring an unlawful situation safely and effectively under control.
• Where nondeadly force is authorized, officers should assess the incident to determine which nondeadly technique or weapon will best de-escalate the incident and bring it under control in a safe manner.

4. Continuum of Force

• When the use of force is reasonable and necessary, officers should, to the extent possible, use an escalating scale of options and not employ more forceful means unless it is determined that a lower level of force would not be, or has not been, adequate. The levels of force that generally should be included in the agency's continuum of force include: verbal commands, use of hands, chemical agents, baton or other impact weapon, canine, less-than-lethal projectiles, and deadly force.

• Each situation is unique. Good judgment and the circumstances of each situation will dictate the level on the continuum of force at which an officer will start. Depending on the circumstances, officers may find it necessary to escalate or de-escalate the use of force by progressing up or down the force continuum. It is not the intent of this policy to require officers to try each of the options before moving to the next, as long as the level of force used is reasonable under the circumstances.

5. Use of Canines to Apprehend Suspects

• The use of a canine to attempt to apprehend or seize a civilian is a use of force. Special precautions are required to ensure that such force is not used unnecessarily or unreasonably. A canine should be deployed to apprehend or seize an individual only where: (a) the individual is suspected of having committed a serious or violent felony, (b) less potentially injurious techniques are insufficient, and (c) unless it is precluded by officer safety, a verbal warning is given prior to deployment and a supervisor's approval is obtained. Agencies should train their canines to follow the approach of "find and bark," rather than "find and bite."

6. Administrative Review of Shootings and Use of Deadly Force

• An internal investigation and review should be conducted of all firearms discharges by officers, except those that occur in the regular course of training, and of any other use of deadly force. To the extent possible, the review should be conducted outside the officer's chain of command by internal affairs or other specialized unit.
• The review should determine whether the firearms discharge or other use of deadly force: was within agency policy and reasonable and necessary, and, if not, whether and what discipline should issue; indicates a need for additional training or counseling, or any other remedial measure for the involved officer; and suggests the advisability of revising or reformulating agency policy, strategy, tactics, or training.
• To the extent possible, the review of use of force incidents and use of force reports should include an examination of the police tactics and precipitating events that led to the use of force, so that agencies can evaluate whether any revisions to training or practices are necessary.
• Law enforcement agencies should analyze data on firearms discharges, in conjunction with other data, to detect potential patterns of at-risk conduct and take appropriate corrective actions.

7. Use of Force Reporting

• Uses of non-deadly force should be reported in a thorough, factual, and objective manner by law enforcement officers to supervisors for evaluation and review. Such reports should be in writing.

• To ensure comprehensive reporting of uses of non-deadly force, agencies should define "force" broadly. As a general matter, uses of force that should be reported include any use of a weapon, electronic restraint device, or chemical agent such as pepper spray; and any use of punches, hits, kicks, or other physical efforts to seize, control, or repel a civilian (with or without a weapon or other implement). The routine use of handcuffs need not be considered a reportable use of force.

8. Administrative Review of Nondeadly Force

• All reported uses of non-deadly force should be reviewed promptly and evaluated by a supervisor to determine whether the particular use of force: was within agency policy and reasonable and necessary; should result in a misconduct investigation by the internal affairs unit or the entity responsible for conducting investigations of serious misconduct allegations; indicates a need for additional training or counseling, or any other remedial non-disciplinary measure, for the involved officer; and suggests the advisability of revising or reformulating agency policy, strategy, tactics, or training.
• To the extent possible, the review of use of force incidents and use of force reports should include an examination of the police tactics and precipitating events that led to the use of force, so that agencies can evaluate whether any revisions to training or practices are necessary.