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Portland Police Use of Force

Portland Police Use of Force

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Published by: mary eng on Feb 26, 2013
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1010.00 USE OF FORCE
NEW/REVISED #11Index: TitleRefer: ORS 161.015 (7) Physical Injury, definedORS 161.015(1) Dangerous Weapon, definedORS 161.015(2) Deadly Weapon, definedORS 161.015(3) Deadly Physical Force, definedORS 161.205 – 161.265 Use of Physical ForceDIR 341.00 Discipline ProcessDIR 630.45 Emergency Medical Custody TransportsDIR 630.50 Emergency Medical AidDIR 631.70 Investigation of Animal ProblemsDIR 910.00 Field Reporting Handbook InstructionsDIR 940.00 After Action ReportsDIR 1010.10 Post Deadly Force ProceduresDIR 1030.00 Baton UseDIR 1040.00 Aerosol RestraintsDIR 1050.00 Less Lethal Weapons and MunitionsDIR 1051.00 Electronic Control Weapons Systems
1.
 
STATEMENT OF PURPOSE AND OBJECTIVES
 
1.1.
 
The Portland Police Bureau respects the value and sanctity of human life andrecognizes the inherent dignity of every person. The Police Bureau understands thatinvesting officers with the authority to use force to protect the public welfarecreates a solemn obligation to guide members as they balance the important socialand individual interests involved.
1.2.
 
The Portland Police Bureau recognizes that duty may require members to use force.
1.3.
 
The Bureau also recognizes that the use of deadly physical force will emotionally,physically and psychologically impact the member involved, the subject of thedeadly physical force, and the family and friends of both and can impact thecommunity as well.
1.4.
 
The Bureau requires that members be capable of using effective force on behalf of the community when appropriate.
1.5.
 
It is the intention of the Bureau to accomplish its mission as effectively as possiblewith as little reliance on force as practical.
1.6.
 
The Bureau places a high value on resolving confrontations, when practical, with lessforce than the maximum that may be allowed by law.
 
1010.00 USE OF FORCE 2
 
1.7.
 
The Bureau is dedicated to providing the training, resources and management thathelp members safely and effectively resolve confrontations through the applicationof de-escalation tools and lower levels of force.
1.8.
 
Members should be aware this force policy is more restrictive than theconstitutional standard and state law.
2.
 
DIRECTIVE SPECIFIC DEFINITIONS2.1.
 
D
EADLY PHYSICAL FORCE
:
As defined in ORS 161.015(3), physical force that under thecircumstances in which it is used is readily capable of causing death or seriousphysical injury. Use of deadly weapons, as defined in ORS 161.015(2), and vehiclebarricades, vehicle ramming and the carotid hold constitutes deadly force. The useof dangerous weapons, as defined in ORS 161.015, which may include flashlights,batons, body parts and other weapons constitutes deadly force when the use isreadily capable of causing death or serious physical injury.
2.2.
 
C
ONSTITUTIONAL FORCE STANDARD
:
Under Graham v. Connor and subsequent cases, thefederal courts have established that government use of force must comply with the‘reasonableness” requirement of the Fourth Amendment. Under this standard,police officers must choose from the reasonable force options at a scene. Thereasonableness of a particular use of force is to be judged from the perspective of areasonable officer on the scene, without regard to the officer’s underlying intent ormotivation. The determination of reasonableness must be based on the totality of the circumstances and must include a consideration that officers are often forced tomake split second decisions in circumstances which are tense, uncertain, and rapidlyevolving. The determination of reasonableness is not based on the 20/20 vision of hindsight.
2.3.
 
F
ORCE
:
Any physical or mechanical intervention used by a member to defend,control, overpower, restrain or overcome resistance of an individual, and alsoincludes the pointing of a firearm and the use of a hobble. Escort holds andunresisted handcuffing do not constitute force unless physical or mechanicalintervention is applied against resistance.
2.4.
 
I
NVOLVED MEMBER
:
A member who is involved in the application of force or directsanother to use force.
2.5.
 
I
MMEDIATE THREAT
:
a threat that currently exists.
2.6.
 
I
MMINENT
:
about to occur; impending; likely to happen very soon.
2.7.
 
L
ESS LETHAL FORCE
:
a force application that is not intended or expected to cause deathor serious physical injury and that is commonly understood to have less potential for
 
1010.00 USE OF FORCE 3
 
causing death or serious physical injury than conventional, more lethal police tactics.Nonetheless, use of less lethal force can result in death or serious physical injury.
2.8.
 
P
HYSICAL INJURY
:
As defined in ORS 161.015 (7), the impairment of physical conditionor substantial pain.
2.9.
 
R
EASONABLE FORCE
:
Force that satisfies the constitutional standard as objectivelyreasonable under the totality of the circumstances.
2.10.
 
S
ERIOUS PHYSICAL INJURY
:
As defined in ORS 161.015(8), physical injury which creates asubstantial risk of death or which causes serious and protracted disfigurement,protracted impairment of health.
2.11.
 
S
ERIOUS USE OF FORCE
:
As defined in DIR 940.00, force that requires a supervisor tocontact the Professional Standards Division in accordance with DIR 940.00.
3.
 
PURPOSES FOR WHICH MEMBERS MAY USE THE FORCE AUTHORIZED BY THIS POLICY
 
3.1.
 
Prevent or terminate the commission or attempted commission of an offense.
3.2.
 
Lawfully take a person into custody, make an arrest, or prevent an escape.
3.3.
 
Prevent a suicide or serious self-inflicted injury.
3.4.
 
Defend the member or other person from the use of physical force.
3.5.
 
Accomplish some official purpose or duty that is authorized by law or judicial decree.
4.
 
USE OF FORCE POLICY4.1.
 
This policy incorporates the current constitutional standard established by theUnited States Supreme Court in Graham v. Connor and subsequent case law andsupplements it with higher performance expectations. The Portland Police Bureauauthorizes members to use only force that is objectively reasonable under theconstitutional standard and meets the Bureau’s higher performance expectations asset out below.
4.2.
 
This policy requires that members use sound tactics and good decision makingduring a confrontation and work diligently toward applying, when practical, lessforce than the maximum allowed by the constitutional standard and minimizing oravoiding force when possible.
4.3.
 
This policy also requires members to develop and display over the course of theirpractice of law enforcement good confrontation and force management skills.

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