Rochester Police Department

General Order
EFFECTIVE DATE: SUBJECT: ORDER#

03/15/2021 Chokeholds 341

RESCINDS: REFERENCE STANDARD(S): PAGE

NEW 1 of 1
NYS:
ATTACHMENT(S):

Author:
Boily

Chief’s Signature:

I. DEFINITIONS:

A. Chokehold/Lateral Vascular Neck Restraint/Carotid Restraint Band –

Any method of restricting the flow of blood to the brain by
compressing the sides of the neck where the carotid arteries are
located.

B. Aggravated Strangulation, NYSPL 121.13A – “A person is guilty of

aggravated strangulation when, being a police officer, as defined in
subdivision thirty-four of section 1.20 of the criminal procedure law or
a peace officer as defined in section 2.10 of the criminal procedure law,
he or she commits the crime of criminal obstruction of breathing or
blood circulation, as defined in section 121.11 of this article [with
intent to impede the normal breathing or circulation of the blood of
another person, he or she: (a) applies pressure on the throat or neck of
such person or (b) blocks the nose or mouth of such person], or uses a
chokehold or similar restraint, as described in paragraph b of
subdivision one of section eight hundred thirty-seven-t of the
executive law, and thereby cause serious physical injury or death to
another person.” Aggravated Strangulation is a class C felony.

II. RPD POLICY:

A. RPD Members are prohibited from using chokeholds, lateral vascular

neck restraints and/or carotid restraints, strangleholds or otherwise
impeding the normal breathing and blood circulation (including by
blocking a subject’s nose or mouth) except in extreme circumstances
where deadly physical force is authorized.
SUBJECT: ORDER# PAGE#
EYEWITNESS IDENTIFICATION 413 -2-

B. Members may use only that level of physical force necessary in the
performance of their duties within the limits established by Article
35 of the New York State Penal Law and consistent with the
training and policies of the Rochester Police Department (RPD).
Appropriateness of force used is dependent on the “totality of the
circumstances” at the moment the force is used. The Use of Deadly
Physical Force will be governed by G.O. 340.

It is the responsibility of each member to be aware of the requirements

of Article 35 and to guide their actions based upon that law and
Departmental policy and training.

III. PROCEDURES

A. All force used, with the exception of mere handcuffing, blanketing,

escorting or application of hobble or spit sock, will require a Subject
Resistance Report (SRR) as per G.O. 335. This report will be completed
in the current electronic format.

B. All requirements of G.O. 335 will apply to any and all uses of force as
described in this G.O.