DEPARTMENT OF POLICE MILLCREEK TOWNSHIP 3608 WEST 26" STREET BOARD OF SUPERVISORS ERIE, PENNSYLVANIA 16506-2037 John E. Morgan PHONE (814) 838-9515 (BUS.) James S. Bock (814) 833.777 Daniel P. Ouellet FAX (814) 838-0645 CHIEF OF POLICE ‘Scott A. Heidt July 2nd, 2020 Ed Mahon 2433 Wharton Road York, Pa. 17402 RE: Right-To-Know request made to Millcreek Township Police Department Dear Ed Mahon, As you are aware you submitted a Right-To-Know request to the Millcreek Township Police Department for certain records. Your request stated the following: “1 am requesting a copy of the police department's use of force policy or policies for the police officers.” What | have supplied is the “policies” and not the procedures which our officers are required to adhere too. In order to supply that information | would have to seek advice from our attorney and have him examine the RTK request and provide his opinion on the matter. Additionally, a second RTK request ‘would have to be submitted specifically asking for that information. In order to accomplish this a time extension would have to be applied for due to our attorney not being available in the near future. Hopefully what | have supplied on the attached pages is sufficient, Sincerely, 2a 2. Lt. Michael Little Open-records Officernoreply@civieplus.com Wednesday, July 01, 2020 10:54 AM Right To Know Online Form Submittal: Contact us Via Email - Open Records Contact us Via Email - Open Records First Name Ed Last Name ‘Mahon Address! 2433 Wharton Road Address? Field not completed. City York State PA Zip 17402 Phone Number 7174212518 Email Address emahon@papost.ora Question / Comment | am requesting a copy of the police department's use of force policy or policies for police officers. Email nt displaying correctly? View itn your browser,Millcreek Township Police Department Manual Section & Distribution | Effective Date | Revision Date MPD SOP Use of Force All Officers | 05/11/2018 | 04/15/2018 Policy: Its the policy ofthis agency to value and preserve human life. Officers shall use only the force that is objectively reasonable, after consideration of the totality of the circumstances, to effectively bring an incident under control, while protecting the safety of the officer and others Disclaimer: This policy is for internal use only. This policy does not claim to create a higher legal standard of safety or care on 3" party claims. Violations of this policy may form the basis for Department sanctions only. Law violations may form the basis for civil/criminal action in a judicial forum. Given that no policy can realistically predict every possible situation an officer might encounter in the field, it is recognized that each officer must be entrusted with well-reasoned discretion in determining the appropriate use of force in each incident. While itis the ultimate objective of every law enforcement encounter to minimize injury to everyone involved, nothing in this policy requires an officer to sustain physical injury before applying reasonable force. Officers are authorized to use reasonable force, when necessary, in the performance of their duties, after consideration of the totality of the circumstances. It is recognized that officers are expected to ‘make split-second decisions and the amount of an officer's time available to evaluate and respond to changing circumstances may impact her/her decision. It is recognized however, that circumstances may arise in which officers reasonably believe that it would bbe impractical or ineffective to use any of the standard tools, weapons or methods provided by this department. Officers may find it more effective or practical to improvise their response to rapidly unfolding conditions they are confronting. In such a circumstance, the use of any improvised device or method must nonetheless be objectively reasonable and utilized only to the degree necessary to accomplish a legitimate law enforcement purpose, The Force Options or the Levels of Control isan illustration of the Department sanctioned force options available to Officers. Each force option is calculated to achieve control of an incident or situation by forcing the offender’s compliance with officer commands (compliance), restraining or temporarily incapacitating the offender (incapacitate/restrain), or through the use of deadly force to immediately stop the action (stop action}.Section 8: Use of Force Page 2 of 13 Legality References: 1 - 18 Pa.CS. $501, 503 and 508 + Graham v. Connor (1989) 490 US, 386, 109. Ct. 1865 + Tennessee v. Garner 105 5. Ct. 1694 (1985) + Scott v. Harris 550 US. 372, 383 (2007) ~ Reed v.Hoy 903 F.2d 324 9 Cir. (1989) + 53 Pa.CS., Municipal Police Education and Training (MPOETC) Force Options or Levels of Control: 1.1. Officer presence- No force is used and mere presence of a police officer works to deter crime and diffuse a situation. 1.2. Verbal direction (Verbalization) - Force is not physical. 1.3. Physical restraint and control includes the following options: Soft empty hand control. — Police officers use grabs, holds, joint locks to restrain an individual. OC chemical aerosol, ‘chemical agents. 1.4, Intermediate force includes the following options: Electronic Control Devices (TASER), strikes ‘and/or kicks, impact weapons (ASP Baton), specialty impact munitions, etc. 15. Deadly Force, including firearms, baton strikes intentionally directed to the head or neck, police vehicle used in a manner likely to cause death or serious bodily injury, deadly force weapons of necessity. Definitions 2.1, Deadly Force: Force which, under the circumstances in which it is used, is readily capable of ‘causing death or serious bodily injury. 2.2. Forcible Felony: A felony involving actual or threatened serious bodily injury. 2.3. Less-lethal Force: Any force other than that which is considered deadly force, that involves physical effort to control, restrain, or overcome the resistance of another, This includes, but is not limited to the use of a less-lethal weapon, physical strike, kicks, and other physical force. 2.4. _Less-lethal Weapon: A weapon, device or instrument which by design, purpose, and intended or actual use is neither calculated nor likely or intended to produce death or serious bodily injury.Section 8: Use of Force Page 3 of 13 25. 26. 27. 2.8. 29. 2.10. 2a. 22, 213, 2.14. Lethal Weapon: Any Firearm or device designed as a weapon and capable of producing death or serious bodily injury, or any other device or instrument which, in the manner in ‘which it is used or intended to be used, is calculated or likely to produce death or serious bodily injury. Probable Cause: A reasonable ground for belief, based on the facts and circumstances, which is more than mere suspicion and less than the standard beyond a reasonable doubt. Reasonable Belief: An objective belief based on the totality of the known circumstances. Reasonable Force: The amount of force reasonably believed by the officer to be necessary under the totality of the circumstances to affect an arrest; defend oneself or another from bodily harm; or to prevent escape, suicide, or the commission of a crime. However, deadly force is only reasonable when the requirements of the regulation governing the use of deadly force are also satisfied. Serious Bodily Injury: Bodily injury which creates a substantial risk of death or which causes serious, permanent disfigurement or protracted loss or impairment of the function of any bodily member or organ. Totality of Circumstances: All of the facts and circumstances of a particular incident including, but not limited to, the severity ofthe crime at issue, whether the subject poses an immediate threat to the safety of law enforcement officers or others, and whether the subject is actively resisting arrest or attempting to evade arrest by flight. Other factors that should be considered include, but are not limited to: Officer subject factors: age, sex, size, skill, strength, endurance, multiple subjects, multiple officers and crowds, both hostile and friendly. Special circumstances: the subject's proximity to a weapon, special knowledge of the subject, injury, exhaustion, or disability of the officer, ground fighting, imminent danger, alcohol or drug influence, environmental factors, resolution time, reactionary gap and other available options for resolution, Subject’s level of resistance: psychological intimidation, verbal noncompliance, passive resistance, active resistance, active aggression, and aggravated active aggression (deadly force). De-Escalation: Taking action of communicating verbally or nor-verbally during a potential force encounter in an attempt to stabilize the situation and reduce the immediacy of the threat so that more time, options, and resources can be called upon to resolve the situation without the use of force or with @ reduction in the force necessary. De-escalation may include the use of such techniques as command presence, advisements, warnings, verbal persuasion, and tactical repositioning.