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Chicago Police Department General Order G03-02

USE OF FORCE

ISSUE DATE: 16 October 2017 EFFECTIVE DATE: 16 October 2017


RESCINDS: 1 October 2002 Version
INDEX CATEGORY: Field Operations

I. PURPOSE
This directive sets forth Department policy regarding sworn members’ and detention aides’ use of force.

II. DEPARTMENT POLICY


A. Sanctity of Human Life. The Department’s highest priority is the sanctity of human life. In all aspects
of their conduct, Department members will act with the foremost regard for the preservation of human
life and the safety of all persons involved.
B. Public Cooperation. A strong partnership with the public is essential for effective law enforcement.
Inappropriate or excessive uses of force damage that partnership and diminish the public trust that is
a cornerstone of policing in a free society.
C. Core Principle. The Chicago Police Department seeks to gain the voluntary compliance of subjects,
when consistent with personal safety, to eliminate the need to use force or reduce the force that is
needed.
D. Assessing Uses of Force. The Chicago Police Department recognizes that Department members
are often forced to make split-second decisions—in circumstances that are tense, uncertain, and
rapidly evolving—about the amount of force that is necessary in a particular situation. These
decisions must therefore be judged based on the totality of the circumstances known by the member
at the time and from the perspective of a reasonable Department member on the scene, in the same
or similar circumstances, and not with the benefit of 20/20 hindsight. Nothing in this policy requires
members to take actions, or fail to take actions, that unreasonably endanger themselves or others.

NOTE: Nothing in this policy precludes the legally mandated oversight or assessment of a
Department member's use of force consistent with the procedures established in this
policy.

III. USE OF FORCE - WHEN AUTHORIZED


A. Definition of Force. Force is defined as any physical contact by a Department member, either
directly or through the use of equipment, to compel a subject’s compliance.
B. Use of Force: Objectively Reasonable, Necessary, and Proportional. Department members may
only use force that is objectively reasonable, necessary, and proportional in order to ensure the safety
of a member or third person, stop an attack, make an arrest, control a subject, or prevent escape.

1. Objectively reasonable. The main issue in evaluating every use of force is whether the
amount of force used by the officer was objectively reasonable in light of the totality of the
circumstances faced by the officer on the scene. Reasonableness is not capable of precise
definition or mechanical application. Factors to be considered by the officer include but are
not limited to:

a. whether the subject is posing an imminent threat to the officer or others.


b. the risk of harm, level of threat or resistance presented by the subject.
c. the subject’s proximity or access to weapons.

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2. Necessary. Department members will use only the amount of force required under the
circumstances to serve a lawful purpose.
3. Proportional. Department members will use only the force that is proportional to the threat,
actions, and level of resistance offered by a subject. This may include using greater force or a
different type of force than that used by the subject. The greater the threat and the more likely
that the threat will result in death or serious physical injury, the greater the level of force that
may be necessary to overcome it. When or if the subject offers less resistance, however, the
member will decrease the amount or type of force accordingly.
4. De-escalation. Members will use de-escalation techniques to prevent or reduce the need for
force when it is safe and feasible to do so based on the totality of the circumstances. This
includes continually assessing the situation and modifying the use of force as circumstances
change and in ways that are consistent with officer safety. Examples of de-escalation
techniques include but are not limited to:

a. exercising persuasion and advice, and providing a warning prior to the use of force.
b. determining whether the member may be able to stabilize the situation through the
use of time, distance, or positioning to isolate and contain a subject.
c. requesting additional personnel to respond or make use of specialized units or
equipment including crisis-intervention-team trained officers.
5. Prohibitions.

a. The use of excessive force, unwarranted physical force, or unprofessional conduct by


a Department member is prohibited and will not be tolerated.
b. Department members are prohibited from using force based on bias against a
person’s race, ethnicity, nationality, religion, disability, gender, gender identity, sexual
orientation, or any other protected characteristic as outlined in the Department
directive entitled "Prohibition Regarding Racial Profiling and Other Bias Based
Policing."
c. Force used as punishment or retaliation is prohibited.
d. Force used in response to a person’s lawful exercise of First Amendment rights (e.g.,
protected speech, lawful demonstrations, and filming police activity) is prohibited.

NOTE: First Amendment rights are not absolute and are subject to
reasonable time, place, manner restrictions. Further guidance may
be found in the Department directive entitled "The First
Amendment and Police Actions."

6. Additional procedures. For further procedures on de-escalation, the principles of Force


Mitigation, and when force is authorized, Department members will refer to the Department
directive entitled “Force Options.”
C. Use of Deadly Force: Necessary to Prevent Death or Great Bodily Harm. The following additional
policies apply to the use of deadly force:

1. Definition of Deadly Force. Deadly force is force by any means that is likely to cause death or
great bodily harm. It includes but is not limited to:

a. firing of a firearm in the direction of the person to be arrested.


b. firing of a firearm at a vehicle in which the person to be arrested is riding.
c. intentional striking of a subject’s head with an impact weapon.
d. application of a chokehold, defined as applying direct pressure to a person’s trachea
(windpipe) or airway (front of the neck) with the intention of reducing the intake of air.

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2. Definition of Imminent Threat. A threat is imminent when it is objectively reasonable to
believe that:

a. the subject's actions are immediately likely to cause death or great bodily harm to the
member or others unless action is taken; and
b. the subject has the means or instruments to cause death or great bodily harm; and
c. the subject has the opportunity and ability to cause death or great bodily harm.
3. Last Resort. The use of deadly force is a last resort that is permissible only when necessary
to protect against an imminent threat to life or to prevent great bodily harm to the member or
another person. Consistent with this requirement, a sworn Department member may use
deadly force only when such force is necessary to prevent:

a. death or great bodily harm from an imminent threat posed to the sworn member or to
another person.
b. an arrest from being defeated by resistance or escape, where the person to be
arrested poses an imminent threat of death or great bodily harm to a sworn member
or another person unless arrested without delay.
4. Fleeing Persons. Deadly force may not be used on a fleeing person unless the subject poses
an imminent threat, as defined above.
5. Sworn members will, whenever possible, identify themselves as police officers prior to using
deadly force, unless identification would jeopardize the safety of the member or others or
compromise the integrity of an investigation.
6. A sworn member is justified in using deadly force to stop a dangerous animal only when the
animal reasonably appears to pose an imminent threat to the safety of the sworn member,
another person, or another animal and no reasonably effective alternatives appear to exist.
D. Prohibitions on the use of firearms. The use of firearms in the following ways is prohibited:

1. Firing warning shots.


2. Firing at subjects whose actions are only a threat to themselves (e.g., attempted suicide).
3. Firing solely in defense or protection of property.
4. Firing into crowds. However, this prohibition does not preclude the use of deadly force
directed at a specific person who is near or among other people, but the use of deadly force
in such circumstances is only permitted in the limited circumstances when such force is
reasonably necessary to prevent death or great bodily harm to the sworn member or to
another person, and no reasonable alternative exists. In such circumstances, the use of
deadly force is permissible only if the member has identified the appropriate target prior to
discharging the firearm and has taken reasonable precautions to ensure that people other
than the target will not be struck.
5. Firing into buildings or through doors, windows, or other openings when the person lawfully
fired at is not clearly visible, unless directed at a specific location and such force is
reasonably necessary to prevent death or great bodily harm to the sworn member or to
another person. In such circumstances, the use of deadly force is permissible only if the
member has identified the appropriate target prior to discharging the firearm and has taken
reasonable precautions to ensure that people other than the target will not be struck.
6. Firing at or into a moving vehicle when the vehicle is the only force used against the sworn
member or another person, unless such force is reasonably necessary to prevent death or
great bodily harm to the sworn member or to another person.

NOTE: When a vehicle is the only force used against a member, the member will
not place themselves in the path of the moving vehicle and will make every
effort to move out of the path of the vehicle.

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IV. MEDICAL ATTENTION
A. Once the scene is safe and as soon as practical, whenever an individual is injured, complains of
injury, or requests medical attention, Department members:

1. will immediately request appropriate medical aid for the injured person, including contacting
emergency medical services (EMS) from the Chicago Fire Department via the Office of
Emergency Management and Communications (OEMC).
2. may provide appropriate medical care consistent with their training to any individual who has
visible injuries, complains of being injured, or requests medical attention. This may include
providing first aid and/or arranging for transportation to an emergency medical facility.
B. Members will treat injured persons, whether another officer, a member of the public, or a subject, with
dignity and respect.

V. DUTY TO INTERVENE AND REPORT


A. Ensure Compliance. All Department members are obligated to ensure compliance by themselves
and other members with Department regulations, policies, and the law.
B. Intervention, Notifying Superiors, Supervisory Intervention. A Department member who directly
observes a use of force that is excessive or otherwise in violation of this directive will contact a
supervisor as soon as practicable. Except in extraordinary circumstances, the member will act to
intervene on the subject's behalf. Such action will include, but is not limited to, verbally intervening to
try to stop the violation. If the member is a supervisor, he or she will issue a direct order to stop the
violation.
C. Written Reporting Obligation. Consistent with the Department directive entitled “Complaint and
Disciplinary Procedures,” Department members who have knowledge of the use of force against a
subject in violation of this directive will submit an individual written report to a supervisor before
reporting off duty on the day the member becomes aware of the misconduct.
D. Retaliation Prohibited. The Department prohibits any form of retaliation against a Department
member for:

1. reporting a use of force that is allegedly in violation of this directive, or


2. cooperating with any internal investigation of the complaint.
E. Accuracy and Candor. Department members will be responsible at all times:

1. for truthfully and completely describing the facts and circumstances concerning any incident
involving the use of force by Department members.
2. for articulating the specific facts to explain the member’s own decision to employ a particular
use of force.

VI. DEPARTMENT MEMBER'S BILL OF RIGHTS


Use of Force investigations remain bound by the involved members' respective collective bargaining
agreement(s) and the Department directive entitled "Department Member's Bill of Rights."

Kevin B. Navarro
Acting Superintendent of Police

16-021 MWK

GLOSSARY TERMS:

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1. Zone of Safety
The distance to be maintained between the subject and the responding member(s). This distance
should be greater than the effective range of the weapon (other than a firearm) and it may vary with
each situation (e.g., type of weapon possessed, condition of the subject, surrounding area).

ADDENDA:

1. G03-02-01 - Force Options


2. G03-02-02 - Incidents Requiring the Completion of a Tactical Response Report
3. G03-02-03 - Firearms Discharge Incidents Involving Sworn Members
4. G03-02-04 - Taser Use Incidents
5. G03-02-05 - Oleoresin Capsicum (OC) Devices And Other Chemical Agent Use Incidents
6. G03-02-06 - Canine Use Incidents
7. G03-02-07 - Force Review Unit

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INTERIM ORDER
SUBJECT: FORCE GUIDELINES
DATE ISSUED: REFERENCE: NUMBER:

05-31-16 **P.G. 221-01, *P.G. 203-11, *P.G. 34


203-12, P.G. 212-119, P.G. 221-12
AND P.G. 214-33

1. In order to ensure uniformed members of the service are made aware and comply with
the Department’s force guidelines, a new procedure has been established.

2. Therefore, effective 0001 hours, June 1, 2016, all uniformed members of the service will
comply with new Patrol Guide procedure 221-01, “Force Guidelines”:

SCOPE The primary duty of all members of the service (MOS) is to protect human
life, including the lives of individuals being placed in police custody. Force
may be used when it is reasonable to ensure the safety of a member of the service
or a third person, or otherwise protect life, or when it is reasonable to place a
person in custody or to prevent escape from custody. In all circumstances, any
application or use of force must be reasonable under the circumstances. If the force
used is unreasonable under the circumstances, it will be deemed excessive and in
violation of Department policy.

When appropriate and consistent with personal safety, members of the service
will use de-escalation techniques to safely gain voluntary compliance from a
subject to reduce or eliminate the necessity to use force. In situations in which
this is not safe and/or appropriate, MOS will use only the reasonable force
necessary to gain control or custody of a subject. The use of deadly physical
force against a person can only be used to protect MOS and/or the public from
imminent serious physical injury or death.

In determining whether the use of force is reasonable, members of the service


should consider the following:
a. The nature and severity of the crime/circumstances
b. Actions taken by the subject
c. Duration of the action
d. Immediacy of the perceived threat or harm to the subject, members of the
service, and/or bystanders
e. Whether the subject is actively resisting custody
f. Whether the subject is attempting to evade arrest by flight
g. Number of subjects in comparison to the number of MOS
h. Size, age, and condition of the subject in comparison to the MOS
i. Subject’s violent history, if known
j. Presence of hostile crowd or agitators
k. Subject apparently under the influence of a stimulant/narcotic which
would affect pain tolerance or increase the likelihood of violence.

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SCOPE All MOS are responsible and accountable for the proper use of force. The
(continued) application of force must be consistent with existing law and with the New York
City Police Department’s policies, even when Department policy is more
restrictive than state or federal law. Depending upon the circumstances, both
federal and state laws provide for criminal sanctions and civil liability against
MOS when force is deemed excessive, wrongful, or improperly applied.

Excessive force will not be tolerated. MOS who use excessive force will be
subject to Department discipline, up to and including dismissal.

Failure to intervene in the use of excessive force, or report excessive force, or


failure to request or to ensure timely medical treatment for an individual is
serious misconduct that may result in criminal and civil liability and will result in
Department discipline, up to and including dismissal. If a member of the service
becomes aware of the use of excessive force or failure to request or to ensure
timely medical treatment for an individual, the member must report such
misconduct to the Internal Affairs Bureau Command Center. This report can be
made anonymously.

NOTE Obtaining a Confidential Identification Number from the Command Center investigator will
satisfy the member’s reporting responsibility, if the information is accurate and complete.
Subsequent or ongoing reporting is encouraged to ensure the information is timely and
complete and may be made by referencing the Confidential Identification Number.

DEFINITIONS DE-ESCALATION - Taking action in order to stabilize a situation and reduce


the immediacy of the threat so that more time, options, and/or resources become
available (e.g., tactical communication, requesting a supervisor, additional MOS
and/or resources such as Emergency Service Unit or Hostage Negotiation Team,
etc.). The goal is to gain the voluntary compliance of the subject, when
appropriate and consistent with personal safety, to reduce or eliminate the
necessity to use force.

OBJECTIVELY REASONABLE STANDARD - The reasonableness of the use


of force is based upon the totality of the circumstances known by the MOS at the
time of the use of force. The Department examines the reasonableness of force
viewed from the perspective of a member with similar training and experience
placed into the same circumstances as the incident under investigation.

EXCESSIVE FORCE - Use of force deemed by the investigating supervisor as


greater than that which a reasonable officer, in the same situation, would use under the
circumstances that existed and were known to the MOS at the time force was used.

CHOKEHOLD - A chokehold shall include, but is not limited to, any pressure to
the throat or windpipe, which may prevent or hinder breathing or reduce intake
of air.

INTERIM ORDER NO. 34


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PROCEDURE To provide members of the service with the Department’s force/restraint and firearm
prohibitions:
PROHIBITIONS
UNIFORMED 1. Uniformed members of the service are authorized under New York State
MEMBER OF law to discharge a firearm to prevent or terminate the unlawful use of
THE SERVICE force that may cause death or serious physical injury, taking into account
the below prohibitions imposed by the Department.
Members of the service SHALL NOT:
a. Discharge a firearm when, in the professional judgment of a
reasonable member of the service, doing so will unnecessarily
endanger innocent persons
b. Discharge firearms in defense of property
c. Discharge firearms to subdue a fleeing felon who presents no
threat of imminent death or serious physical injury to the MOS or
another person present
d. Fire warning shots
e. Discharge firearm to summon assistance, except in emergency
situations when someone’s personal safety is endangered and no
other reasonable means to obtain assistance is available
f. Discharge their firearms at or from a moving vehicle unless deadly
physical force is being used against the member of the service or another
person present, by means other than a moving vehicle
g. Discharge firearm at a dog or other animal, except to protect a
member of the service or another person present from imminent
physical injury and there is no opportunity to retreat or other
reasonable means to eliminate the threat
h. Cock a firearm. Firearms must be fired double action at all times.

NOTE Drawing a firearm prematurely or unnecessarily limits a uniformed member’s options in


controlling a situation and may result in an unwarranted or accidental discharge of the
firearm. The decision to display or draw a firearm should be based on an articulable belief
that the potential for serious physical injury is present. When a uniformed member of the
service determines that the potential for serious physical injury is no longer present, the
uniformed member of the service will holster the firearm as soon as practicable.

2. Members of the service SHALL NOT:


a. Use a chokehold
b. Use any level of force to punish, retaliate or coerce a subject to make statements
c. Use any level of force on handcuffed or otherwise restrained subjects
unless necessary to prevent injury, escape or to overcome active physical
resistance or assault
d. Connect or tie rear-cuffed hands to cuffed or restrained ankles or legs
e. Transport a subject facedown

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UNIFORMED f. Use force to prevent a subject from swallowing alleged controlled
MEMBER OF substance or other substance, once a subject has placed suspected
THE SERVICE controlled substance in his or her mouth, or forcibly attempt to
(continued) remove substance from subject’s mouth or other body cavity.
NOTE Any violations of the above force prohibitions may be reviewed on a case-by-case basis
by the Use of Force Review Board to determine whether, under the circumstance, the
actions were reasonable and justified. The review may find that, under exigent or
exceptional circumstances, the use of the prohibited action may have been justified and
within guidelines.
Members who are subject to investigation, the subject of disciplinary action, civil action,
or a civilian complaint related to a violation of the above prohibitions may submit a
request for review of the circumstances to the Use of Force Review Board. The Use of
Force Review Board will review the facts and circumstances and make a final
determination of whether the force used was reasonable under the circumstances and
within guidelines.
When a uniformed member of the service observes or suspects that a prisoner has
ingested a narcotic or other dangerous substance, the prisoner will be transported from
the place of arrest DIRECTLY to the nearest hospital facility.

3. Effective 0001 hours, June 1, 2016, Patrol Guide 214-33, “Care and Disposition of
Animals” is amended as follows:
a. REVISE “ADDITIONAL DATA” statement under heading “USE OF
FORCE/DEADLY PHYSICAL FORCE,” on page “4” to read:

“ADDITIONAL USE OF FORCE/DEADLY PHYSICAL FORCE


DATA
The use of physical force against any animal will be used ONLY to the
extent that such force is necessary to prevent harm or injury to such
animal, other animals, or persons. As per P.G. 221-01, ‘Force
Guidelines,’ a uniformed member of the service shall not discharge a
firearm at a dog or other animal, except to protect a member or another
person present from imminent physical injury and there is no opportunity
to retreat or other reasonable means to eliminate the threat.

Before using deadly physical force, every attempt will be made to use
other reasonable means to contain threats from dangerous animals.

In those instances where uniformed members of the service develop


information to indicate a dangerous dog will be encountered at a
particular location (e.g., an apartment where a warrant is to be
enforced, etc.), the Emergency Service Unit’s Canine Team should be
conferred with for their assistance.”

b. REVISE “RELATED PROCEDURES,” on page “4” to read:


“RELATED Desk Appearance Ticket - General Procedure (P.G. 208-27)
PROCEDURES Force Guidelines (P.G. 221-01)”

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4. Effective 0001 hours, June 1, 2016, Patrol Guide 203-11, “Use of Force” is OBSOLETE
and hereby REVOKED.

5. Effective 0001 hours, June 1, 2016, Patrol Guide 203-12, “Deadly Physical Force” is
OBSOLETE and hereby REVOKED.

6. Effective 0001 hours, June 1, 2016, REVISE references to Patrol Guide 203-12, “Deadly
Physical Force” wherever they appear in Patrol Guide 212-119, “Investigations of Animal Abuse” and
Patrol Guide 221-12, “Active Shooter Response Protocol” to read:

“Patrol Guide 221-01, ‘Force Guidelines’ ”

7. Effective 0001 hours, June 1, 2016, this Interim Order will be incorporated into the On-
Line Patrol Guide.

8. Any provisions of the Department Manual or any other Department directive in conflict
with the contents of this Order are suspended.

BY DIRECTION OF THE POLICE COMMISSIONER

DISTRIBUTION
All Commands

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