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USE OF FORCE
FUNCTION CODE: 131
EFFECTIVE DATE: 05-11-98
Contents:
I. Policy
II. Definitions
III. Use of Force
IV. Use of Force Reporting Requirement
V. Use of Force and Weapons Review Committee
VI. Training/Certification Requirements
VII. Proponent Unit
VIII. Cancellation
IX. Disclaimer
Appendix A: Use of Force Report, Criteria for Use
Appendix B: Authorized Deadly and Non-Deadly Force Weapons
Appendix C: Defensive Tactics
I. Policy
The need to use force, whether deadly or non-deadly, is one of the most demanding and critical decisions that a law enforcement officer must make. There are, however, situations when an officer must make the irreversible decision of whether or not to use deadly or non-deadly force. Such a decision can have a powerful and possibly harmful effect on the officer, the department, and the community. Recognizing that the department cannot make the decision, the department must, however, provide some guidance to aid in the exercise of that decision.
It is the policy of this department to allow its officers to use only that force which is reasonable and necessary to effect an arrest or to protect themselves or others from personal attack, physical resistance, harm, or death. The decision to exercise force of any level must be based upon the circumstances that the officer reasonably believes to exist. The decision to use such force is better predicated upon the danger posed by a subject confronted by the police than one based upon the general nature or category of an offense. Thus, policy based upon immediate danger can be clearer and more concise when considering use of deadly and/or non-deadly force. (CALEA 1.3.1, 1.3.2)
While the use of deadly force is most commonly associated with firearms, it is not limited to such weapons, but may include other so-called “non-deadly” protective instruments issued by the department such as expandable batons, OC spray, and flashlights, or any other means (to include hands) used by an officer.
II. Definitions
A. Deadly Force: Any use of reasonable and necessary force which is intended to, or likely to, cause death or serious physical injury.
B. Non-Deadly Force: Any use of reasonable and necessary force (other than that which is considered deadly force) which is applied to effect an arrest or to protect the officer or others from personal attack, physical resistance, harm, or death.
C. Protective Instrument: Any device, authorized by the department and utilized by a police officer, to apply force to another individual, e.g., OC spray, expandable baton, flashlight, etc.
D. Probable/Reasonable Cause: Facts and circumstances that would lead a reasonable person to believe that a crime has been committed and a particular individual has committed that crime.
E. Serious Physical Injury: Bodily injury that creates a substantial risk of death, causes a serious, permanent disfigurement, or results in long term loss or impairment of any bodily member or organ. (CALEA 1.3.2)
III. Use of Force
A. Levels of Force
The department recognizes four levels of force that may be applied by officers during the performance of their official duties. These are:
1. Communication/Verbal Control/Presence
In the daily performance of the job requirements, a police officer's presence represents an authorized government authority. Situations that an officer encounters may require not only the officer’s presence, but frequently some form of verbal or non-verbal communication. This communication may take the form of providing information, giving commands, asking or answering questions, physical gestures, conducting interviews, etc. It may also take the form of issuing specific instructions to individuals or groups, dealing with arguments, verbal assaults, threats, handling disputes, disagreements, etc. In the event that presence, communication, or verbal control is not sufficient to protect, control, or arrest, then the officer is justified to use reasonable and necessary force from the appropriate higher level options.
2. Physical Force
A situation between an officer and an individual, or individuals, may escalate to physical force. Physical force applied by officers may range from the slightest touching to the infliction of severe injury. Physical force entails the use of any and/or all human body parts, such as head, teeth, shoulders, arms, hands, knees, feet, etc. In the event that physical force is not sufficient to protect, control, or arrest, then the officer is justified to use reasonable and necessary force from the appropriate higher level options.
3. Protective Instruments
The use of verbal communication or physical force to control a situation which does not produce the desired effect, may necessitate that the officer employ a protective instrument in accordance with the established procedure and predicated upon section III.C, Non-Deadly Force. In the event that protective instruments are not sufficient to protect, control, or arrest, then the officer is justified to use other appropriate reasonable and necessary force.
4. Deadly Force
This is the use of firearms, protective instruments, or other force options which is intended to, or likely to, cause death or serious physical injury. Deadly force will only be used in accordance with the procedures described in section III.B, Authorized Use of Deadly Force.
While it is the expressed policy of the department that officers use the least amount of force possible, options are not predicated on a strict hierarchical sequence, nor must the officer always elect to start at the lowest level. The officer must evaluate the immediate circumstances and select the appropriate level of force to those particular circumstances. While consideration of the crime committed may play a role, it should not be the determining factor. Rather, it is the level of force being used against the officer and the immediate potential for death or serious physical injury to the officer or innocent bystanders and/or victims upon which officers should base their decision to use force of any level.
B. Authorized Use of Deadly Force
1. Defense of Self or Another
Officers may use deadly force to defend themselves, or another person from what they have reasonable cause to perceive as an immediate threat of death or serious physical injury. (CALEA 1.3.2)
2. Fleeing Felon
a. Officers may use deadly force to apprehend a fleeing felon only when they have reasonable cause to believe the suspect fleeing poses an immediate threat of death or serious physical injury to themselves or others, or
b. Officers may use deadly force to apprehend a fleeing felon when:
• There is probable cause to believe the crime committed was a felony of a violent type (one which involved the infliction or threatened infliction of serious physical injury or death), and
• There is probable cause to believe the person fleeing committed the crime or the person fleeing escaped while being held in legal custody as a suspect in a felony of a violent type, and
• Failure to immediately apprehend the person may place the officer, another law enforcement officer, or the public in immediate danger of death or serious physical injury.
NOTE: The officer's decision to use deadly force against a fleeing felon will be judged by the reasonableness of the officer’s actions given the facts and circumstances available to the officer at the time the force is employed. It will be judged more so on the circumstances of the immediate situation presented to the officer than on the type of crime committed. Section III.B.2, above, will be the controlling criterion.
C. Non-Deadly Force
Non-deadly force, as defined herein, may be used to effect arrests or to protect officers or others from personal attack, physical resistance, or injury, provided the force chosen is not excessive based upon the immediate circumstances of the confrontation. Non-deadly force may involve the use of protective instruments or defensive tactics (hands/body). Use of any force which is intended to, or likely to, cause death or serious physical injury will be governed by the use of deadly force requirements, section III.B. The selection of the protective instrument option does not preclude an officer from using an object or instrument to protect the officer or others which may not have been necessarily designed for such use or one with which the officer was not trained or certified, as long as the object is used in accordance with the limitations on force contained in this policy. (CALEA 1.3.4)
D. Other
1. The discharge of firearms to destroy dangerous/injured animals where no other alternatives are reasonably available is authorized and requires completion of the MCP 37, “Use of Force Report,” in accordance with Appendix A; no event report number (CR) or other report is required.
2. An officer may utilize deadly force in foreign jurisdictions only to defend the officer or another person from what the officer has reasonable cause to perceive as an immediate threat of death or serious physical injury.
3. Firearms may be drawn whenever officers have reason to fear for their safety or the safety of others.
4. When discharging a firearm for any reason, officers must exercise reasonable caution in order to avoid unnecessarily endangering the lives of bystanders. When possible, officers should give consideration to shooting background, bystanders, and location.
E. Prohibited Use
1. Warning shots are prohibited. (CALEA 1.3.3)
2. Shots fired from or at moving vehicles are prohibited unless the circumstances would authorize the use of deadly force. Officers will not intentionally place themselves in a position in front of an oncoming vehicle where use of deadly force would likely be the probable outcome. When confronted by an oncoming vehicle, officers will move out of its path, if possible, rather than fire at the vehicle.
F. Medical Care (CALEA 1.3.5)
1. Officers and supervisors will be required to obtain medical evaluation, as soon as possible or practical, for individuals:
a. Who show signs of any injury as a result of any use of force,
b. Who complain of any injury as a result of any use of force,
c. Who become unconscious either during or following any use of force, or
d. When the officer or supervisor reasonably believes an individual is in need of a medical evaluation as a result of any use of force.
2. Officers will notify their supervisors of all injuries complained of or sustained by subjects following any use of force.
IV. Use of Force Reporting Requirement
A. When to Report Use of Force or Firearms Discharge
The MCP 37, “Use of Force Report,” will be completed in the following circumstances:
1. Any time force is used to counteract a physical struggle (CALEA 1.3.6.d),
2. Following use of any force which results in an injury to an individual (CALEA 1.3.6.b),
3. When the individual claims an injury as a result of the amount of force used (CALEA 1.3.6.b),
4. Whenever force is applied by the use of a protective instrument (CALEA 1.3.6.c),
5. Whenever a firearm is discharged other than authorized target practice (see section III.D) (CALEA 1.3.6.a), or
6. Whenever a department canine inflicts injury to any subject or suspect in conjunction with a search, arrest attempt, or apprehension. (CALEA 1.3.6.a, 1.3.6.c)
NOTE: A Use of Force Report is not needed in those instances of accidental firearm discharges or in those instances where a firearm is displayed to assure officer safety.
B. The form will be completed prior to the end of the tour of duty and regardless of whether or not the officer is injured, an event report is filed, or a criminal charge is pending. It will be forwarded, via the chain of command, to the Chief of Police, who after review, will forward it to the Office of Staff Inspections. Forms completed after the destruction of an animal may be forwarded directly by the supervisor, via the unit commander, to the Office of Staff Inspections. In any event, no photocopies of the Use of Force Report will be kept in any location other than the Office of Staff Inspections.
C. This form will be used administratively to evaluate use of force department-wide and will not be used by the Office of Internal Affairs in any subsequent investigation. A quarterly analysis report of these forms will be made to the Use of Force and Weapons Review Committee, which, after review, will report its analysis and recommendations to the Chief of Police. (CALEA 1.3.7)
D. Officer's Responsibility
1. Officers will report immediately to their supervisor any use of force which meets the reporting requirements of section IV.A.
2. Officers will report any firearms discharge (except for any authorized range practice).
3. Officers will complete or provide information for the completion of event reports, charging documents, and the MCP 37.
4. Officers will complete any other reporting requirements.
5. Off-duty officers involved in a reportable use of force incident will immediately report the event to the on-duty supervisor in the district of occurrence and will be required to fulfill responsibilities of section IV.B of this directive.
E. Supervisor's Responsibility
1. Review the MCP 37 submitted by the officer for completeness. (CALEA 1.3.7)
2. Complete the MCP 37 if the officer is unable to complete it. (CALEA 1.3.6)
3. Complete the Supervisor's Section of the MCP 37.
4. Forward the MCP 37 to the Chief of Police via the chain of command prior to the end of the tour of duty.
5. Immediately notify the Office of Internal Affairs of all firearm discharges (whether accidental or intentional) by employees, regardless of whether the involved employee is on- or off-duty. In intentional shootings only, the supervisor will complete the entire MCP 37 providing the statement of facts. In the section for supervisor’s comments, the supervisor will indicate that the incident is under investigation and not provide any judgment about the circumstances. The exception to this is for authorized range practice or for the purpose of destroying animals.
6. Submit the original report for discharge of a firearm. Any supplemental report(s) will be filed by the investigator assigned the follow-up investigation.
7. Immediately notify a Homicide/Sex supervisor after a firearm discharge occurs in the following instances:
a. All intentional firearm discharges by an employee, whether injuries occur or not, with the exception of authorized range practice or the destruction of dangerous or injured animals, and
b. All accidental firearm discharges by an employee that results in an injury or death to a second party, not the involved employee.
8. Ensure that the officer fulfills all event reporting procedures as outlined in the Field Reporting System and sections IV.A and IV.B of this directive before the end of the officer's tour of duty.
9. Remove officers from line duty who have been involved in any use of force that results in death or serious physical injury and refer all officers involved to the
department's Traumatic Incident Program in accordance with that program's guidelines (see FC 310, “Administrative Leave”). (CALEA 1.3.8)
10. On-duty supervisors in the district of occurrence will ensure that off-duty officers involved in reportable use of force events will fulfill the requirements of sections IV.A and IV.B of this directive. The on-duty supervisor will complete the supervisor’s section of the MCP 37 and forward it, along with a copy, to the officer's assigned supervisor. (CALEA 1.3.6)
F. For situations requiring the use of the MCP 37, see Appendix A.
V. Use of Force and Weapons Review Committee
A. A Use of Force and Weapons Review Committee has been established by the Chief of Police. This committee will review all reports of the use of force and discharge of firearms by department personnel and report the results of this review, along with any conclusions or recommendations, to the Chief of Police on a quarterly basis. The committee will focus on overall operations and procedures and not on individuals. In addition, the committee will periodically evaluate the list of authorized departmental weapons and protective instruments and, in coordination with the Labor/Management Safety Committee, make recommendations concerning approval, adoption, and required training/certification.
B. The committee will be comprised of one lieutenant from each of the district stations, two lieutenants from the Investigative Services Bureau, the director of the Training Division, and the Deputy Chief of Police who will serve as the chair. The Office of Staff Inspections will be the repository for the Use of Force Reports and will provide quarterly reports to the committee and the FOP. A copy of the minutes of the meetings will be forwarded to the Office of Staff Inspections.
C. The Use of Force and Weapons Review Committee will establish additional review and reporting schedules, which will become an appendix to this directive. The committee will meet on at least a quarterly basis. (CALEA 1.3.7, 1.3.9, 1.3.13)
VI. Training/Certification Requirements
A. The authorization to carry and/or use any defensive tactic, protective instrument, or firearm is granted by the department to officers based upon completion of specified training courses and demonstrated competency under hands-on testing that has been monitored by a certified weapons instructor. The certification of weapons and protective instruments, as well as training in the department’s use of force policy, will be conducted annually. These certifications may only be renewed based upon requirements established by the Use of Force and Weapons Review Committee and approved by the Chief of Police. (CALEA 1.3.11)
B. The minimum training and qualification requirements for firearms are established by the Maryland Police Training Commission, FC 305.A, “Weapons, Handguns, and Holsters,” and FC 340, “Department Training.” All officers must receive a copy of, and be instructed in, the department’s use of force policies prior to being authorized to carry any weapons.
C. The Director, Training Division, is designated as responsible for the maintenance of certification records, approval lists for protective devices and defensive tactics, training materials, and approved lesson plans. The Director, Training Division, will establish appropriate documentation for issuance to officers.
D. Each officer must certify annually with all approved weapons that the officer is authorized to use. Failure to recertify annually on any protective instrument or every two years on defensive tactics will withdraw from the officer the authorization to carry or utilize that force option. In the case of issued equipment, such equipment will be immediately turned in at the Supply Section until recertification is completed. (CALEA 1.3.9, 1.3.10, 1.3.11)
E. For details on the specific approved weapons, including certification information, see Appendices B and C.
VII. Proponent Unit: Office of the Chief
VIII. Cancellation
This directive cancels Function Code 131, effective date 01-15-95, and Function Code 131.A, effective date 05-01-93.
IX. Disclaimer
This directive is for department use only and does not apply in any criminal or civil proceeding. This department policy should not be construed as 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.
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Carol A. Mehrling
Chief of Police
Appendix A: Use of Force Report, MCP 37
Criteria For Use (CALEA 1.3.6)
Incident | Notifications and MCP 37 Instructions | Reports Required |
| Destroy an animal. | Forward to Office of Staff Inspections (direct from supervisor via unit commander). | No police report; No CR #; MCP 37 only. |
| Discharge of firearm; no injuries; not related to operations or calls for service. | Forward via chain (See IV.A); comply with OIA notification procedures. | Police report related to incident as required by Field Report Manual; firearm discharge referenced and MCP 37 completed. |
| Discharge of firearm; call- or investigation-related, without injuries; or injuries, regardless of call-related status. | Forward via chain (See IV.A); comply with OIA notification procedures; immediate notification of Homicide/Sex. | Police report related to incident as required by Field Report Manual; firearm discharge referenced and MCP 37 completed. |
| Any use of force on a citizen. | Forward via chain (See IV.A). | Police report related to incident as required by Field Report Manual, MCP 37 referenced; MCP 37 completed. |
| Use of a protective instrument. | Forward via chain (See IV.A). | Police report related to incident as required by Field Report Manual, MCP 37 referenced; MCP 37 completed. |
| Use of force against police officer (police officer assaulted). | Forward via chain (See IV.A). | Police report related to incident as required by Field Report Manual, MCP 37 referenced; MCP 37 completed. |
Appendix B: Authorized Deadly and Non-Deadly Force Weapons (CALEA 1.3.10, 1.3.11):
A. Deadly force weapons (firearms) are described and authorized in FC 305.A, “Weapons, Handguns and Holsters.”
B. Minimum standards for annual firearms qualification is established by the Maryland Police Training Commission and is implemented by the MCP Training Division, Firearms Section, through FC 340, “Department Training.” These requirements are annotated annually by the Training Division, through scheduling of training and qualification firing for each officer on all currently authorized weapons. The Director, Training Division, will establish Standard Operating Procedures for individual qualification with additional weapons. Concurrent with all firearms and training qualification courses, all personnel authorized to carry weapons will be instructed with the policies outlined in FC 131, “Use of Force,” specifically addressing CALEA Standards 1.3.1 - 1.3.5.
C. Failure to qualify with authorized deadly force weapons will result in revocation of the authorization to carry that weapon until such time as re-qualification is accomplished. Re-qualification will be scheduled by the Director, Training Division. (CALEA 1.3.11)
D. Non-Deadly Force Protective Instruments (CALEA 1.3.4): Only the following protective instruments are authorized, and their training requirements are established as follows:
| Item | Issued by Department | Training Requirement |
| Flashlight/ metallic | Yes | Entry Level and annually during In-Service |
| Riot Baton | Yes-limited | Entry level; other training annually upon assignment to unit authorized or special details and prior to deployment |
| Gas Grenades | Yes-limited | Entry level familiarization; In-Service annually to supervisors; overview to other personnel as determined in conjunction with In-Service mandates |
| OC Spray | Yes | Entry level or initial training by certified instructor; In-Service annually |
| Expandable Baton | Yes | Entry level or initial training by certified instructor; In-Service annually |
E. The Use of Force and Weapons Review Committee will prescribe training hours and requirements for the protective instruments listed above, based upon recommendations from the Director, Training Division, and in accordance with CALEA requirements for annual re-certification. (CALEA 1.3.11)
F. The department also recognizes that officers carry folding type knives that are intended to facilitate emergency rescues from accidents. These knives are not authorized as a protective instruments.
G. The PR-24 and blackjack are no longer authorized protective instruments.
Appendix C: Defensive Tactics:
A. Original training in defensive tactics occurs at Entry Level. Retraining occurs during In-Service Training every two years.
B. The hours of training for defensive tactics will be determined by the Director, Training Division, who will maintain course descriptions and tactic lists.
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