Use of Force Policy
1.3 Use of Force
Chapter 1.3 – Table of Contents
1.3.1 Use of Necessary Force
1.3.2 Use of Force
1.3.3 Warning Shots
1.3.4 Use of Authorized Less Lethal Weapons
1.3.5 Rendering Aid after Use of Weapon
1.3.6 Reporting Uses of Force
1.3.7 Use of Force Report Review
1.3.8 Death or Critical Incident Involving a Police Officer
1.3.9 Authorization: Weapons and Ammunition
1.3.10 Demonstrating Proficiency with Weapons
1.3.11 Annual/Biennial Proficiency Training
1.3.12 Analyze Reports from 1.3.6
The intent and purpose of this directive is to recognize the Watertown Police Department’s legal and moral responsibility to use force wisely and judiciously, as well as to establish policy to govern the use, minimum proficiency, authorized specifications, qualifications, standards and administrative review of all firearms, ammunition and weapons used by this department.
It is the policy of the Watertown Police Department that force will only be resorted to after officers reasonably believe it is necessary in the performance of legal duties; that deadly force will never be resorted to until an officer reasonably believes that a lesser degree of force would be insufficient to defend the life of the officer, the life of another, or, in limited situations, to apprehend a dangerous felon.
This General Order incorporates the requirements of Sec. 66.0511 (2), Wisc. Stats. and recognizes the Wisconsin Department of Justice, Law Enforcement Standards Board document, entitled, Defensive and Arrest Tactics: A Training Guide for Law Enforcement Officers as the department’s guidelines to establish Defensive and Arrest Tactics (DAAT) for this department’s use of force.
This General Order is promulgated pursuant to Sec. 939.45 through 939.49, Wisc. Stats and Wisc. Stats 174.01(1); Tennessee vs. Garner, 471 U.S. 1, 105 S. Ct. 1694, 85 L. Ed. 2d 1, 1985 U.S. 195, and Graham vs. Conner, 490 U.S. 386, 109 S. Ct. 1865, 104 L. Ed. 2d 443 (1989).
This directive applies to all personnel of the Watertown Police Department.
1.3.1 Use of Necessary Force
A. Officers shall only use the degree of force they reasonably believe is necessary to accomplish the following lawful objectives:
1. To achieve and maintain control of resistive subjects;
2. To detain persons reasonably suspected of criminal behavior;
3. To make lawful arrests;
4. To defend themselves or others;
5. To prevent escape; and
6. To detain someone in need of protective custody
B. Controlof an individual through officer presence and/or verbal persuasion is the preferred alternative to the use of physical force alternatives, less-lethal weapons, and/or lethal force. It is recognized that this method(s) is not always effective or appropriate in gaining compliance, and it then becomes necessary to escalate the degree of force. When it is determined that verbal commands are either ineffective or inappropriate, an officer may escalate the degree of force based on the actions of the individual he is attempting to control.
C. The concepts of escalating/de-escalating modes of force are based on an officer’s intervention to a specific action of the individual he is attempting to control.
D. It is expected that officers can and will maintain a “position of advantage” in use of force situations. Officers are not required to escalate step-by-step through the Intervention Options. As the situation dictates, officers may move from any mode to any other if that officer reasonably believes that a lower level of force would be ineffective. Once an individual is under control, officers are required to revert to the lowest mode of force necessary to maintain that control and begin follow-thru procedures.
E. Any officer present and observing another officer using force that is clearly beyond that which is objectively reasonable under the circumstances shall, when in a position to do so, intercede to prevent the use of reasonable force. An officer who observes another employee use force that exceeds the degree of force permitted by law should promptly report these observations to a supervisor.
1.3.2 Use of Deadly Force
1. Deadly Force: The intentional use of a firearm or other instrument that creates a high probability of death or great bodily harm.
2. Reasonable Belief: Facts or circumstances the officer knows, or should know, are such to cause an ordinary and prudent officer to act or think in a similar way under similar circumstances.
3. Great Bodily Harm: Bodily injury which creates a substantial risk of death, or which causes serious permanent disfigurement, or which causes a permanent or protracted loss or impairment of the function of any bodily member or organ or other serious bodily injury.
4. Imminent Threat: The person to whom the officer is intending to use deadly force must have:
a. the displayed or indicated intent to cause great bodily harm or death to the officer or another person; and
b. a conventional or unconventional weapon capable of inflicting great bodily harm or death; and
c. the capacity for the use of a weapon.
B. The use of deadly force is permissible under the following circumstances:
1. As a last resort and in the defense of oneself, when the officer reasonably believes he is imminently threatened with death or great bodily harm;
2. As a last resort and in the defense of another person or persons, who the officer reasonably believes is imminently threatened with death or great bodily harm and who the officer reasonably believes is entitled to defense;
3. Against a “fleeing felon” only when the officer reasonably believes that the action is within the circumstances of this directive. In Tennessee v. Garner, the U.S. Supreme Court sanctioned the use of deadly force when necessary for self-defense, defense of others, or to prevent the escape of a person who committed a crime involving the infliction or threatened infliction of serious bodily injury or death. The Court said:“where the officer has probable cause to believe that the suspect poses a threat of serious physical harm, either to the officer or to others, it is not unconstitutionally unreasonable to prevent escape by using deadly force. Thus, if the suspect threatens the officer with a weapon or there is probable cause to believe that he has committed a crime involving the infliction or threatened infliction of serious physical harm, deadly force may be used if necessary to prevent escape and if, where feasible, some warning has been given.”
4. After the officer has identified himself as a police officer, ordered the suspect to stop the unlawful activity in which use of deadly force would be justified, and stated his intent to use deadly force if the lawful order is not obeyed, whenever possible, unless it is not feasible to do so under the circumstances.
5. Pursuant to Wisc. Stats. 174.01(1), an officer may kill a dog if threatened with serious bodily harm by the dog and:
a. other restraint actions were tried and failed; or
b. immediate action is necessary
6. As a last resort to destroy an animal so seriously injured that humanity dictates its removal from suffering, but only after careful consideration is given to the public’s safety and whether other dispositions may be feasible.
7. Prior to being authorized to carry any firearm, all sworn personnel shall receive a copy and demonstrate their understanding of Chapter 1.3.2, Use of Deadly Force.
1.3.3 Warning Shots
A. Warning shots pose a danger to officers as well as citizens and are prohibited.
1.3.4 Use of Authorized Less Lethal Weapons
A. Authorized Less-Lethal Force: Officers are authorized to use department approved less-lethal force techniques and issued equipment that they believe are necessary to control a subject(s).
B. Encountered Resistance: When force is used by an officer, it must be in direct relationship to the amount of resistance given by the individual. Resistance is an action by an individual, toward an officer, and can be characterized into five areas.
1. Passive Resistance: Refers to non-compliant, but non-threatening behavior. Individuals who are not fighting but are also not complying with the officer’s orders are displaying passive resistance.
2. Active Resistance: Behavior which physically counteracts an officer’s control efforts and which creates a risk of bodily harm to the officer, subject, and/or persons. It may also include situations when a subject poses a threat of harm to himself or herself such as self-inflicted injury or a suicide attempt.
3. Continued Resistance: An individual is maintaining a level of counteractive behavior that is not controlled with the officer’s current level of force.
4. Assaultive Behavior: An individual’s direct actions generate bodily harm to the officer(s) and/or another person(s).
5. Life Threatening Resistance: Refers to subject’s acts or combination of actions involving an imminent threat of death, or great bodily harm to an officer, someone else, or to the community at large.
C. Approach Considerations: Confrontation is dynamic and reactive, not static. It is usually not just a word, a shove, a grab, or a punch. It is often a combination of the above, in a random, rapidly moving chain of events. To describe resistance or control as a “level,” is to be specific and offers an inaccurate picture. Resistance and control are better described as “constantly changing variables” that are identifiable by an officer trained in threat assessment.
1. Decision Making: An officer should first survey the situation before making contact with a subject or entering the situation. Officers should attempt to determine:
a. whether legal justification exists to make contact; and
b. whether it is wise, desirable and possible to control the situation at the moment.
2. Tactical Deployment: An officer should try to assess the threat potential and determine if safe and efficient tactics can be used. Tactical deployment is concerned with making decisions about locating yourself and your partners in relation to the subject or situation. The officer’s assessment may include the following:
a. awareness of previous contacts, or knowledge of the individual(s);
b. level of familiarity with physical surroundings;
c. existence of a reported crime or disturbance;
d. is the officer’s approach desirable, or should other options be considered;
e. is the officer alone;
f. does the officer have a plan of action;
g. possession of the proper equipment;
h. proximity to “cover”;
i. does the officer have a position of advantage;
j. proximity of the officer to the subject; and
k. positioning of partner officers in comparison to the subject.
3. Tactical Evaluations: An officer should attempt to determine the extent or degree to which the subject presents a threat to the officer(s). In tactical evaluation an officer should assess the potential hazards in the contact and decide how to minimize them. The officer’s evaluation should fall into the following three categories:
a. Threat Assessment, includes behaviors and actions by the subject(s) which give the officer an opportunity to assess the threat potential which the subject(s) present. Behaviors and actions include: (1) level of resistive tension - the level of agitation or tension in the subject’s body;
(2) early warning signs of danger, such as:
(a) conspicuously ignoring the officer;
(b) excessive emotional attention;
(c) exaggerated movement;
(d) ceasing of all movement; and
(e) known violent history of the subject(s).
(3) pre-attack postures - that is, physical posturing or positioning which indicates that a subject may be ready to attack, such as:
(a) boxer stance;
(b) arms set, clinched fists;
(c) shoulder shift, or rolling of shoulders forward as though ready to attack;
(d) target glance - that is, looking at a potential target; and
(e) the “thousand yard” stare - that is, a direct and continuing, but unfocused stare.
(4) indications that the person is emotionally disturbed, mentally ill, in a crisis and out of control, and/or appears to be under the influence of alcohol and/or drugs:
(5) indications that the person is displaying medically significant behavior include, but are not limited to:
(a) abrupt onset, agitation or excitement;
(b) confusion and impaired thinking and perception;
(c) bizarre, often violent behavior directed at objects;
(d) superhuman strength and insensitivity to pain;
(e) profuse sweating and clothing removal.
(6) weapon control factors, such as:
(a) cannot see the subject’s hands, particularly the palms;
(b) the subject is armed;
(c) subject positioning to control the officer’s weapon; and
(d) assess what other instruments or weapons are available.
b. Officer - Subject Factors, include any differences between the subject(s) and the officer(s), which may affect threat assessment. Factors to consider are:
(1) number of subjects, compared to the number of officers;
(2) individual factors between officer(s) and subject(s) such as age, sex, size, skill level and relative strength.
c. Special Circumstances include any information the officers have or special circumstances which they become aware of which affect threat assessment and tactical evaluation. Circumstances to consider are:
(1) reasonable perception of a threat, or potential threat - that is, the presence of an object that appears to be a weapon;
(2) the officer’s special knowledge of the subject’s history or tendencies to behave violently;
(3) sudden assaults - that is, upon an officer or another person;
(4) subject’s ability to escalate the officer’s assessment - that is, the officer’s previous knowledge, subject’s physical abilities, and relative positioning to the officer;
(5) the officer’s physical positioning - that is, a physical position which is disadvantageous, in relation to the subject’s, thereby elevating the officer’s threat assessment;
(6) officer injury or exhaustion - that is, if the officer is injured or exhausted, the subject presents a greater potential threat, because the officer is less able to use force effectively;
(7) other special circumstances, including:
(a) equipment and training;
(b) availability of backup;
(c) presence of innocent people; and
(d) any information not listed above which affect threat assessment and tactical evaluation.
D. Intervention Options: The following list of officer interventions is not intended to be in any specific order, but reflects on the amount of resistance encountered. The officer will choose the necessary response to gain control of the situation based on department policy, his/her physical capabilities, perceptions, training, and experience.
1. If an individual offers compliance to include: recognizing or acknowledging an officer, and/or quitting, ceasing, and discontinuing any illegal or questionable activity:
a. the officer may engage the following intervention options:
(1) Presence – the officer provides a visible display of authority using one of the following tactical stances:
(a) an open stance;
(b) a ready stance; or
(c) a defensive stance.
(2) Dialogue – Wisconsin DAAT system is defined as “a system of verbalization skills coupled with physical alternatives.” Verbalization should be used throughout an officer’s interaction with subjects, even at very high levels of force.
(3) The verbal tactic used should be consistent with your physical presence. Types of dialogue include:
(a) search talk;
(c) light control talk; and
(d) heavy control talk.
2. If an individual displays passive resistance, as defined in this policy:
a. the officer may engage in the following control alternatives:
(1) escort holds; and
(2) compliance holds:
(a) Come alongs
(b) Pressure points
3. If an individual displays active resistance, or the threat of, as defined in this policy:
a. the officer may engage in the following control alternatives:
(1) Oleoresin Capsicum;
(2) Electronic Control Device; and
(3) use of passive countermeasures;
4. If an individual displays continued resistance, assaultive behavior, or the threat of, as defined in this policy:
1. the officer may engage in the following protective alternatives:
(1) active countermeasures;
(2) incapacitating techniques; and
(3) use of intermediate (impact) weapon;
1. baton; or
2. Specialty Impact Munitions (SIMS)
(4) use of police canine in accordance with Chapter 41.1.4 Law Enforcement Canine.
5. If an individual offers life threatening resistance as defined in this policy:
a. the officer may engage in the following intervention option:
(1) Deadly force:
(a) the intentional use of a firearm; or
(b) other instrument that creates a high probability of death or great bodily harm.
6. The use of vascular neck restraints and choke holds are prohibited, unless used in accordance with Chapter 1.3.2, Use of Deadly Force.
(1) Choke Hold – A physical maneuver that restricts an individual’s ability to breathe for the purposes of incapacitation.
(2) Vascular Neck Restraint – A technique that can be used to incapacitate individuals by restricting the flow of blood to their brain.
Notation: The Disturbance Resolution Model is graphically illustrated in Appendix A.
E. Ground Defense and Escapes
1. An officer on the ground or other horizontal flat surface is at a significant tactical disadvantage. The force response that an officer may utilize can vary widely, based on the totality of circumstance. Officer responses can range from a simple ground defense technique that allows an officer to get up safely to a dynamic assault that forces an officer to use deadly force.
a. Officers on the ground with a suspect have several options:
(1) Stabilize and handcuff.
(2) Utilize a Protective Alternative from that relative/physical position.
(3) Escape from a disadvantageous ground position.
(4) Defend against a more dangerous ground position.
(5) Disengage and/or Escalate through the application of a self- defense technique or apply deadly force if appropriate.
F. Follow-thru Considerations after Control has been Established
1. Control is a perception based on the officer’s training, experience, and fact situation. Once an officer has gained control of a resistive subject through any of the specific modes in the Disturbance Resolution Model, the officer must initiate follow-through procedures, such as:
a. Stabilizing subject - application of restraints, if appropriate:
(1) stabilize the subject, so that he remains under control; and
(2) use handcuffs at any point along the Disturbance Resolution Model, for temporary mechanical control.
b. Monitoring - debriefing procedures: Once the subject is stabilized, and an initial search completed the officer must conduct an initial medical assessment and determine if medical care is needed. After the subject has been treated, officers shall continue to monitor the subject for medical issues and for indications of mental illness, emotional disturbance, or medically significant behavior.
c. Frisk and/or Search when appropriate: Once the subject is stabilized and controlled, the officer may:
(1) Frisk – when an officer reasonably suspects, based on articulable facts, that a subject is committing, has committed, or is about to commit a crime, an officer may conducted a limited search (frisk) for weapons or objects that could be used as weapons.
(2) Search – when a subject is in custody and prior to transporting or turning the subject over to jailers, other authorizes, or when a handcuffed subject is to be released and any time that an officer accepts custody of a subject from another agency.
d. Escorting, if necessary: An officer must escort the subject to a designated area, such as a patrol vehicle and transport to an appropriate location, if necessary;
e. Transporting: An officer must transport the subject to an appropriate destination, in accordance with the directives, via patrol vehicle, ambulance, etc., if necessary;
f. Turn-Over and release: When appropriate, a subject may be turned over to jailers or other authorities, booked and released, or issued a citation and released.
G. Electronic Control Device (ECD)
1. A (ECD) may be used to overcome active resistance or its threat. It may also be used when the subject poses a threat of harm to himself or herself such as self-inflicted injury or a suicide attempt.
2. Only officers trained by a certified (ECD) Instructor are authorized to carry or use such weapon.
3. People Who are Running Away
a. Before deploying a control device during a foot pursuit, ask yourself, “What will the suspect force me to do when I catch him?” If the subject would force you to decentralize him or her during initial physical contact, using a (ECD) might be a better choice, as the risk of injury to the officer and subject would be less with a (ECD) as opposed to a passive countermeasure. On the other hand, if you don’t think the subject would require you to immediately take him or her to the ground, then a (ECD) would probably not be the best choice. In that case you could safely respond with a lower level of force. Another way to think about the situation is to apply the three criteria from Graham v. Connor to determine whether using a control device would be reasonable:
(1) The severity of the alleged crime at issue: Is it a retail theft or a substantial battery?
(2) Whether the suspect poses an imminent threat to the safety of officers and/or others: What is the suspect doing when you decided to use force?
(3) Whether the suspect is actively resisting or attempting to evade arrest by flight. Is the suspect able to offer active resistance and/or flee?
4. A ECD shall not be used:
a. In obvious proximity to flammable liquids, gases, or any highly combustible materials that may be ignited by the device.
b. When it is reasonable to believe that incapacitation of the subject may result in serious injury or death.
c. Punitively or for purposes of coercion.
d. Once an individual is subdued and under control, nor shall it be used against subjects who are offering passive resistance.
e. On subjects appearing to be under the age 12, female subjects who appear pregnant, and individuals who appear frail, unless extraordinary or life threatening circumstances exist.
5. In each instance when a (ECD) is deployed a determination shall be made regarding the need for a cover officer with a lethal force weapon.
a. A cover officer armed with a lethal force weapon shall be required in all cases in which the subject possesses a weapon.
6. The use of a (ECD) on an animal should be based on the intent to provide a safer, more humane and less traumatic conclusion to the incident. A (ECD) may be used when:
a. A vicious animal is threatening or attacking a person or other animal and the use of other force is not reasonable, or may not be desired given the situation.
b. An animal needs to be controlled for the reason of public peace or safety, preservation of property, or other legitimate purposes; and the animal poses an active threat to officers in their efforts to perform their duties.
c. When possible, officers should be prepared to apply conventional controls once the (ECD) has subdued the animal.
d. Officers shall use reasonable care when deploying a (ECD) when a police K-9 is near the subject targeted for deployment.
7. All officers of the Department who have a (ECD) assigned to them are responsible for the safe and secure storage of that weapon when not worn on the officer’s person.
a. When not worn or in direct possession of the assigned officer, department issued (ECD) shall be stored in a department approved holster within a locked cabinet, safe, or other locked device sufficiently designed for that purpose.
H. Specialty Impact Munitions - (SIMS)
1. The Watertown Police Department recognizes that combative, non- compliant, armed and/or violent subjects cause handling and control problems that require special training and equipment. Therefore, the department has adopted the use of Specialty Impact Munitions, or SIMS, to assist with the de-escalation of these potentially violent confrontations.
2. SIMS shall be considered an extension of an officer’s baton and placed within the Disturbance Resolution Model at the level of Protective Alternatives.
3. Guidelines for the use of SIMS:
a. Only officers trained by a certified SIMS instructor are authorized to carry or use such weapon.
b. SIMS shall be delivered to a suspect target area based on the circumstances, the established safety priorities, and the level of force authorized.
c. SIMS will only be fired from weapons dedicated for the sole purpose of deploying less lethal munitions. Weapons dedicated for specialty impact munitions will be marked to identify them as single use only weapons.
d. Officers are prohibited from using SIMS on subjects appearing to be under the age of 12, or elderly subjects that appear frail, unless extraordinary or life threatening circumstances exist.
e. In each instance when a SIMS is deployed a determination shall be made regarding the need for a cover officer with a lethal force weapon.
(1) A cover officer armed with a lethal force weapon shall be required in all cases in which the subject possesses a weapon.
4. As soon as practical, the on-duty supervisor shall notify the Chief of Police or, in his absence the Operations Bureau Captain when SIMS is deployed (hit or miss). Any specialty impact munition shooting that results in great bodily harm to or the death of a subject should be treated as an officer involved shooting in accordance with Chapter 1.3.8, Death or Critical Incident Involving a Police Officer.
1.3.5 Rendering Aid After Use of Weapons
A. The use of lethal or less-lethal weapons may result in injury to the individual involved. The use of any force on an individual may require that the officer summon emergency medical services (EMS) personnel, and that first aid be rendered until such time as EMS crews arrive. Typically, most injuries are treatable using basic first aid techniques.
B. Treatment guidelines for oleoresin capsicum (OC) chemical agent spray are as follows:
1. individuals sprayed with OC should be monitored and verbally reassured that they are safe and that their breathing will return to normal;
2. individuals who are sprayed should, as soon as reasonably possible, be removed to fresh air and faced into the wind. They may be allowed to use cool water, preferably from a running tap or hose to rinse the OC from their face, while encouraging them to open their eyes and flush with water. Make every effort not to allow them to rub their face. If persons sprayed are wearing contact lenses, they should be permitted to remove them. Using soap and water will remove the resin from the skin which will assist in the recovery process; and
3. individuals who are sprayed and complain of continued pain or problems after the affected areas have been flushed with water will be afforded medical treatment, or in any case when symptoms persist beyond 45 minutes.
C. Officers should ensure that the individual sprayed with OC has recovered, and to the extent possible is dry before any transport is attempted. When appropriate, Jefferson/Dodge County Jail personnel will be informed that an individual sprayed with OC is enroute prior to the actual transport being initiated. Once the transport is completed, officers will wipe down the back seat area of the transporting vehicle with soap and water. This should be accomplished in a well-ventilated area and the officer should wear protective rubber gloves.
D. Medical Aid after the use of an Electronic Control Device (ECD).
1. Trained officers who use a (ECD) against an individual shall ensure the person is monitored for injury as soon as practical after control is established. Generally, probes that have penetrated the skin can be removed by a trained police officer. Once the probes have been safely removed, the puncture site can be treated with a sanitizing element and a band-aid. Spent probes and cartridges will be handled as a bio-hazard and will be disposed of in conformance with training methods.
a. If an individual requests that the probes be removed by medical personnel, officers shall honor the request. Whenever there is doubt concerning the need for medical attention, it should be resolved through the examination of the subject by an appropriate medical facility.
b. Probes that appear too deeply embedded or are embedded in sensitive areas such as the breast of a female, or the face, neck, or groin shall be removed by medical personnel.
c. When monitoring an individual who has been exposed to a (ECD) officers should consider the potential for injuries sustained in an uncontrolled fall.
d. Photographs shall be taken of any obvious marks, scratches, or scarring resulting from a drive stun application.
E. Medical Aid after the use of Specialty Impact Munitions (SIMS)
1. Individuals who are struck with a specialty impact munition will be restrained and evaluated with respect to possible injury, and will receive medical treatment at a medical care facility. Medical staff will receive full disclosure on impact areas and other applied force so that an accurate medical assessment may be conducted. Photographs shall be taken of any apparent injuries sustained by the individual.
1.3.6 Reporting Uses of Force
A. The Use of Force Report (Appendix B) will be completed in all instances where an officer resorts to the use of physical force at a level of Compliance Hold or above. This does not include handcuffing and searching where no physical resistance occurred. This Use of Force Report is an addendum to the offense/incident report. All required narrative reports shall be contained in the offense/incident report concerning the incident.
B. Any time an officer utilizes physical force at a level of Compliance Hold or above; the on-duty supervisor will be notified and respond to the scene of the incident. In the event the on-duty supervisor cannot respond to the scene, the officer shall advise the supervisor of the circumstances surrounding the use of force. This will be accomplished at the earliest possible time.
C. The following situations shall require the completion of a Use of Force Report:
1. any action resulting in the discharge of a firearm, except for training or for lawful recreational purposes;
2. any action involving the pointing of a firearm at a person;
3. any action that results in, or is alleged to have resulted in, injury or death of another person;
4. any force applied through the use of lethal or less-lethal weapons;
5. any action involving the pointing of a (ECD) at a person or the use of a (ECD) which contributes to the control of the subject. If a (ECD) is deployed at a person the serial number of the (ECD) shall be documented in the officer’s report;
6. any action involving weaponless physical force at a level of compliance holds and above pursuant to the Disturbance Resolution Model.
7. any time the department’s police canine has bitten or otherwise injured an individual.
1.3.7 Use of Force Report Review
A. After the Use of Force report in accordance with Chapter 1.3.6, Reporting Uses of Force has been completed by the officer; it shall be submitted to his or her immediate supervisor for review and signature. The supervisor shall then forward the white copy to the Administrative Bureau Captain and the yellow copy to the Sergeant in charge of DAAT instruction.
B. Narrative reports which have been dictated and involve the Use of Force will be marked accordingly and typed on a priority basis by Support Services personnel.
C. The DAAT Sergeant, or assigned DAAT instructor, upon receipt of a force report, has seven (7) working days to start a formal review of the incident describing the facts, circumstances and disposition of the use of force incident. In order to standardize use of force reviews, the DAAT Sergeant or DAAT instructor shall use the “Use of Force Review Format” (Appendix C) as a guide in the review process. Upon completion, the review will be forwarded to the Operations Bureau Captain for review, followed by the Administrative Bureau Captain.
D. When the review is completed, the Administrative Bureau Captain will see that the officer(s) involved receive the review and go over it with their supervisor or a DAAT Instructor if needed. The Administrative Bureau Captain will ensure that the recommendations of the review are implemented, if necessary. If the review reveals possible violations of law or policy the Administrative Bureau Captain will make the appropriate recommendations to the Chief of Police.
1.3.8 Death or Critical Incident Involving a Police Officer
PURPOSE: The purpose of this policy is to provide guidelines for the investigation of a death or critical incident that involved a police officer of this Department.
POLICY: It is the policy of the Watertown Police Department to investigate all deaths or critical incidents that involved a police officer with the utmost thoroughness, professionalism and impartiality to determine if an officer’s actions conform to the law and Department policy.
DISCUSSION: Other than training exercises or similar agency-authorized actions, the discharge of a firearm, the use of less than lethal weapons, or the use of an object that causes an injury or a death by an officer shall be the subject of a Department investigation. An accurate and complete investigation of an officer involved shooting/critical incident requires that the Department plan for and establish specific protocol for such an incident. It also depends largely upon the prudence of decisions made and steps taken immediately following a shooting or critical incident by the officers involved, supervisory personnel and criminal investigators. Failure to take appropriate measures can lead to the loss of indispensable evidence, inaccurate investigative findings, inappropriate assignment of responsibility or culpability for wrongdoing, and even the filing of criminal charges against involved officers.
AUTHORITY: The Court has said that the test of reasonableness under the Fourth Amendment is not capable of “precise definition” or “mechanical application.” “[T]he reasonableness of a particular use of force must be viewed from the perspective of a reasonable officer at the scene, rather than with 20/20 vision of hindsight….” Moreover, “allowance must be made for the fact that officers are often forced to make split-second judgments in circumstances that are tense, uncertain, and rapidly evolving about the amount of force that is necessary in a particular situation.” The question is whether the officers' actions are “objectively reasonable” in light of the facts and circumstances confronting them “(Graham v. Connor, 490 U.S. 396, 397 (1989)).
Officer Involved Death: Pursuant to Sec. 175.47(1) (c), Wisc. Stats., “Officer-involved death” means a death of an individual that results directly from an action or omission of a law enforcement officer while the law enforcement officer is on duty or while the law enforcement officer is off duty but performing activities that are within the scope of his or her law enforcement duties.
Officer Involved Shooting (OIS):
1. Any eventoccurring where a police officer with the Watertown Police Department discharges a firearm that results in a bullet making contact, however slight, with a human being.
2. Any event occurring within the jurisdiction of the Watertown Police Department where a human being discharges a firearm that results in a bullet making contact, however slight, with a police officer.
3. Any event occurring where a police officer with the Watertown Police Department causes the death of another person or the police officer is killed.
4. Any event occurring where a police officer with the Watertown Police Department discharges a firearm while in the presence of, or toward, any person. Exceptions include training, dispatching a sick, wounded or vicious animal or for lawful recreational purposes.
1. Any eventoccurring where a police officer with the Watertown Police Department uses force that results in great bodily harm of another human being.
2. Any event occurring within the jurisdiction of the Watertown Police Department where a human being uses force that results in great bodily harm of a police officer.
Investigative Protocol: may require that a Criminal and/or an Administrative Investigation be conducted when the use of force intended or unintended, results in the great bodily harm or death of a person.
Criminal Investigation: in general, is the collection of evidence, physical and/or statements, that determines whether or not any ordinance of the City of Watertown, statute(s) of the State of Wisconsin, statute(s) of the United States of America, the Constitution of the State of Wisconsin and the United States Constitution have been violated. The Chief of Police may relinquish a criminal investigation, as it relates to this standard, to an outside agency(s) having jurisdiction where the incident occurred.
Administrative Investigation: in general, is the collection of evidence, either physical and/or through statements that determines whether or not the involved officer violated any Department Policy or procedure.
Great Bodily Harm: Bodily injury which creates a substantial risk of death, or which causes serious permanent disfigurement, or which causes a permanent or protracted loss or impairment of the function of any bodily member or organ or other serious bodily injury.
Involved Police Officer: is a police officer with the Watertown Police Department, whether on or off duty, who is involved in an officer involved shooting or a critical incident as an actor, victim or custodial officer. A witness officer may be deemed an involved officer for the purpose of these general investigative guidelines (e.g., a shooting where on officer fires and the other does not).
1. The on-duty supervisor and/or other investigative authority shall determine whether or not any particular officer(s) shall be classified as an “Involved Police Officer.”
Support Officer: is any police officer with the Watertown Police Department who the involved police officer requests or is assigned to assist them throughout the investigative stage of an incident. A Support Officer cannot be an Involved Police Officer.
A. Policy Implementation
1. If the Chief of Police can be categorized as an Involved Police Officer; the Chief of Police shall then appoint a sworn officer of another Department to supervise the incident and the requirements of this policy.
2. The Chief of Police shall determine whether or not to continue or terminate the use of this policy and the guidelines found in the Watertown Police Department’s Death or Critical Incident Involving a Police Officer Workbook/Checklist for all officer involved shootings and critical incidents that fit this policy’s criteria.
B. Investigative Protocol
1. The Department shall relinquish its Criminal Investigation to at least two investigators, one of whom is the lead investigator and neither of whom is employed by the Watertown Police Department pursuant to Sec. 175.47(3) (a), Wisc. Stats
a. The “lead” investigator is accordingly the person in charge of the investigation, who plays a principle, guiding role. The lead outside investigator shall be responsible for the investigation and have hands-on supervision of the investigation.
b. If the officer involved death being investigated is a traffic related death, the investigation must require the use of a crash reconstruction unit from a law enforcement agency other than the Watertown Police Department pursuant to Sec. 175.47(3) (b), Wisc. Stats.
2. Pursuant to Sec. 175.47(5)(a) and (b), Wisc. Stats. the investigators conducting the investigation shall, in an expeditious manner, provide a complete report to the district attorney of the county in which the officer-involved death occurred. If the district attorney determines there is no basis to prosecute the law enforcement officer-involved in the death, access to the report will be provided by posting the report to the Department of Justice (DOJ) website, where any member of the public may access it.
3. The Department shall conduct an Administrative Investigation. Outside agencies may help with an Administrative Investigation with the approval of the Chief of Police. The Administrative Investigation shall not interfere with the outside independent Criminal Investigation.
C. The Watertown Police Department’s Death or Critical Incident Involving a Police Officer Workbook/Checklist should include the following core objectives;
1. Pre-Incident Preparation
2. On-scene protocol
3. Investigative Preparedness
4. Post-Shooting Investigations
1.3.9 Authorization: Weapons and Ammunition
A. Department Authorized - Lethal Weapons and Ammunition Specifications: The following authorized weapons and ammunition are issued for the sole use for on- duty, in or out-of-uniform, in any official capacity, unless otherwise approved by the Chief of Police:
1. Handgun - Department Issue - Glock, Semi-Automatic Pistol, Model 22 in .40 caliber and three (3) 15 round magazines. Officers are authorized to carry one (1) additional magazine, at their discretion, on their duty belt.
2. Rifle - Department Issue - Colt, Semi-Automatic Rifle, Model MT6700 or LE6920, in .223 (5.56) caliber with three (3) 30 round magazines.
3. Rifle - Department Storage - Remington Arms, Semi-Automatic, Model 241, .22 rimfire caliber with 3x to 6x Weaver Scope. Ammunition is .22 caliber long rifle hollow point. This firearm is used for animal control.
4. Handgun Ammunition - Department Issue - All officers who are authorized to use and carry a .40 caliber pistol shall carry factory .40 caliber controlled expansion projectiles issued by the department. On a monthly basis, each officer shall count the number of ammunition rounds carried on their person and document the count on the Watertown Police Department’s General Order Review Timetable and Duty Round Verification form.
5. Rifle Ammunition-Department Issue - All .223 (5.56) caliber rifle ammunition shall be factory .223 (5.56) caliber controlled expansion projectiles issued by the department. All rifle ammunition that is authorized to be “in-service” shall be counted and documented by the Operations Bureau Captain or designee.
B. Department-Authorized, Less-Lethal, Intermediate-level Weapons and Ammunition: The following intermediate weapons and control devices are authorized for use in an official capacity:
1. Electronic Control Device (ECD) – Department issued ECD manufactured by TASER International, Inc.
a. While on duty, officers assigned to the Uniform Services Division and trained in the use of a (ECD) shall carry the Taser and a spare Taser cartridge.
2. Expandable Baton - Constructed of a telescoping steel shaft with overall length of between 21" and 31".
a. While on duty, officers assigned to the Uniform Services Division shall carry a department approved expandable baton on their duty belt, with the following exception:
1. Uniform Services Division officers armed with the Taser shall not be required to carry an expandable baton on their duty belt.
3. Oleoresin Capsicum (OC) - Oleoresin Capsicum (OC) @ 5% oleoresin capsicum concentration solution, non-flammable.
a. While on duty, officers assigned to both the Uniform Services Division and Investigative Division shall carry oleoresin capsicum (OC) @ 5% concentration.
4. Shotgun - Department Issue - Remington Arms, Model 870, 12 gauge shotgun. (Dedicated for Specialty Impact Munitions only).
5. 40mm Launcher- Penn Arms, model GL-1 40, single shot. (Dedicated for Specialty Impact Munitions only).
6. Ammunition - Less-Lethal - All officers who are authorized to use less-lethal Specialty Impact Munitions weapons shall use only department issued, factory manufactured, Combined Tactical Systems, Inc. munitions described as follows:
a. 12 gauge drag stabilized bean bag round;
b. 40 mm foam baton round.
C. Inspections: Department owned Firearms will be subject to inspections prior to initial issue or re-issue. At a minimum, all department issued firearms will be inspected annually by a qualified firearms instructor or armorer. If at any time a firearm is determined to be unsafe or in need of repair, the firearm will not be used until repairs have been completed. Officers shall notify their immediate supervisor of any damaged or malfunctioning firearm they have access to use.
D. Records: The Support Services Bureau Captain shall maintain a record of all approved department owned and issued weapons to document the type, description, model, serial number, officer assigned, date of issue, inspection history, and maintenance history.
E. Safe and Proper Storage Guidelines for Firearms:
1. All officers of the Department who have a weapon assigned to them are responsible for the safe and secure storage of that weapon when not worn on the officer’s person.
a. When not worn or in direct possession of the assigned officer, Department issued weapons should be stored, unloaded with the magazine removed in a locked cabinet, safe, or other locked device sufficiently designed for that purpose.
b. When being transported, if possible, Department owned firearms should be cased and unloaded unless being worn in a Department approved holster.
c. Although not required, it is strongly recommended that stored firearms should also be secured with a trigger lock and that the ammunition be stored locked, in a separate location from the firearm.
2. Department Issued rifles shall be stored unloaded with the bolt closed and locked in an approved locker. The magazine is to be removed from the magazine well. Officers shall ensure that the chamber is empty prior to securing the firearm in the locker and prior to securing in the squad.
a. When in the possession of an officer on duty, the rifles are to be stored with one fully loaded magazine secured in the magazine well. The rifle will not be secured with a chambered round.
b. With the exception of the rifle stored in the supervisor’s squad; rifles shall not be stored in squads during periods when the squad is not assigned for duty.
3. Department issued firearms, modified for Specialty Impact Munitions shall be stored unloaded with the breech open, locked in an approved locked cabinet. Officers shall ensure that the chamber is empty prior to securing the firearm in the locker and prior to securing in the squad.
4. Department owned firearms that are being serviced, have been removed from assignment, or have not yet been issued are to be safely and securely stored unloaded in the locked storage area of the armory.
5. Personally Owned Firearms: It is strongly recommended that employees who own firearms, whether authorized for duty use or not store and transport their personal firearms in a safe and secure manner.
6. Firearms taken in as property or evidence shall be handled in accordance with Chapter 84.1.1, Receipt of In-Custody and Evidentiary Property.
1.3.10 Demonstrating Proficiency With Weapons
A. Firearms - Recruit Qualifications: An officer will not be authorized to carry or use any firearm unless it is approved by the department and until he or she has been properly trained. Officers must satisfy the requirements of this directive and the basic police recruit training requirements established by the Wisconsin Law Enforcement Standards Board.
B. Firearm - Handgun: On an annual basis, all officers shall demonstrate proficiency in the use of handguns that they may use in the performance of their assigned duties by achieving a passing score as defined in the Wisconsin Department of Justice Handgun Qualification Standard prior to being authorized to carry such handgun.
1. All officers will comply with, and attend the following handgun qualification:
a. one annual firearm qualification is completed with practice ammunition.
b. normal on-duty equipment must be used when training and firing for qualification. Officers assigned to the Uniform Services Division will use their duty uniform belt, holster, weapon, and accessories. Officers who are administrative or non-uniformed will wear the weapon in the manner normally worn and use only the equipment carried on-duty;
c. exemptions which are temporary in nature may be granted by the Chief of Police or his designee.
C. Firearm - Rifle: On an annual basis, all officers shall demonstrate proficiency in the use of such rifle that they may use in the performance of their assigned duties prior to being authorized to carry such rifle. At a minimum, officers will achieve a qualifying score on a prescribed course as established by a Tactical Rifle Instructor.
D. Intermediate Weapons - Expandable Baton: Officers will demonstrate proficiency in the use of such baton that they may use in the performance of their assigned duties, prior to being authorized to carry such baton. At a minimum, officers shall competently perform an acceptable skill on a prescribed course as established by a certified Defense And Arrest Tactics (DAAT) instructor.
E. Control Device - Oleoresin Capsicum (OC): Prior to authorization to carry OC chemical spray, all officers shall demonstrate proficiency in the use of such OC, which may be used in the performance of assigned duties. Biennially, officers shall competently perform an acceptable skill on a prescribed course as established by a certified Defense And Arrest Tactics (DAAT) instructor.
F. Electronic Control Device: Biennially, all trained officers shall complete a refresher course and demonstrate proficiency in the use of an electronic control device.
G. Specialty Impact Munitions (SIMS): Biennially, officers authorized to use specialty impact munitions, shall demonstrate proficiency and knowledge in the deployment of such munitions.
H. Use of Non-Traditional Weapons: It is recognized that in certain, rare situations, an officer may be attacked so suddenly and/or so viciously, that the use of approved departmental techniques and/or weapons is compromised. In these situations, the officer may utilize nontraditional weapons. This includes any object or instrument the officer may need to insure his survival. To the extent possible, the use must be consistent with this policy.
I. Off-duty Firearms Restrictions: Officers are not required to carry a department issued firearm while off-duty, but are not prohibited either, by department policy.
1. Officers who carry their department issued firearm off-duty are subject to the following restrictions:
a. Consumption of alcoholic beverages is strictly prohibited.
b. Officers shall carry their department badge and identification.
J. On-Duty Backup Firearms Restriction: Backup firearms carried in addition to department issued-firearms are prohibited.
1.3.11 Proficiency Training
A. Annually, all sworn police officers authorized to carry lethal weapons shall receive in-service training on the Use of Deadly Force by a qualified instructor.
B. Instructor Certification: A certified weapons instructor shall monitor proficiency training.
C. Documentation: In accordance with Chapter 33.1.6, Updating of Training Records, the Support Services Bureau Commander will document and maintain records of weapon training and qualifications proficiency, including proficiency scores and course outline, or lesson plan.
D. Remedial Training: If any officer fails to qualify or meet minimum agency proficiency levels with an authorized weapon, the officer shall receive remedial training and then be given the opportunity to re-test the course during the session. Remediation shall occur prior to resuming official duties. While every effort will be made to assist an officer who has difficulty, ultimate failure to establish proficiency in the handling of a weapon can affect continued employment.
1.3.12 Analyze Reports From 1.3.6
A. On an annual basis, the Chief of Police, or designee, will conduct a documented analysis of reports generated in accordance with Chapter 1.3.6, Reporting Uses of Force. The purpose of such review is to reveal patterns or trends that could indicate training needs and/or modification to this directive
DISTURBANCE RESOLUTION MODEL
1) APPROACH CONSIDERATIONS
B. Tactical Deployment
Control of distance
Relative Positioning with Multiple Subjects
C. Tactical Evaluation
Threat assessment Opportunities
Level/Stage/Degree of Stabilization
2) INTERVENTION OPTIONS
A. Presence To present a visible display of authority
B. Dialogue To verbally persuade
C. Control Alternatives To overcome passive resistance, active resistance, or their threats
D. Protective Alternatives To overcome continued resistance, assaultive behavior, or their threats
E. Deadly Force To stop the threat
3) FOLLOW-THROUGH CONSIDERATIONS
A. Stabilize Application of restraints, if necessary
C. Search If appropriate
D. Escort If necessary
E. Transport If necessary
F. Turn-over/Release Removal of restraints, if necessary
Watertown Police Department Case # ___________
Use of Force Report-Checklist UOF# ___________
Recipient’s Name: Last _________________First_________ Middle____________
Type(s) of Force Used (Check all that apply):
__ Foot Strike
__ Impact Weapon
__ Deadly Force
__ Hand Strike
__ OC Spry
__ Point Firearm
__ Taser – Point Only
__ Taser - Fired
__ Knee Strike
ï¿½–ï¿½ Body Stun
__ Pressure Points
__ Compliance Hold
__ Destroy Animal
__ Other ____________
UOF recorded on:__ Not Recorded __ Squad # ___ __ Booking (video) __ IVR __ Garage (video)
Time of UOF: _____ __ AM __ PM Day of the Week___ Sun __ Mon __ Tues __ Wed __ Thurs __ Fri __ Sat__
Injuries claimed by Officer? __ No __ Yes Recipient? __ No __ Yes Photo’s Taken? __ No __ Yes
If yes, explain ______________________________________________________________________
Officer – Medical Treatment __ No __ Yes Detainee – Medical treatment __ No __ Yes
If yes, explain ______________________________________________________________________
Area(s) targeted by the officer? ______________________________________________________
Are(s) actually acquired by the officer? __ Same as targeted; if different, explain? ________
Use of Force box checked on the officer’s tape packet? __ No __Yes
_____ _____________ __________
Supervisor Date Notified Time Notified
Original – Admin Captain Copy - DAAT Instructor
Watertown Police Department
DAAT Use of Force Review Format
In order to standardize use of force reviews, the following format will be used:
Give a very brief overview of the event. Date, time, place, officers involved, and general circumstances of the conflict are sufficient.
Use the DAAT manual for reference. Review report and critique items specific to this phase of the Disturbance Resolution Model. Render an opinion on whether or not this aspect was satisfied.
Specify each use of force that the officer(s) used. After each use of force, render an opinion, using one of the following definitions:
Trained and Justified: The use of force employed by the officer(s) was a trained technique recognized and authorized by the department. The force used was reasonable and necessary to accomplish a lawful objective.
Not Trained but Justified: The use of force employed by the officer(s) was not a trained technique recognized by the department. However, the force used was reasonable and necessary to accomplish a lawful objective.
Trained but Not Justified: The use of force employed by the officer(s) was a trained technique recognized and authorized by the department. However, in the opinion of the evaluator, the force used was unreasonable and/or excessive.
Not Trained and Not Justified: The use of force employed by the officer(s) was not a trained technique recognized and authorized by the department. Further, in the opinion of the evaluator, the force used was unreasonable and/or excessive.
Dynamic Application: This designation is infrequently used; however, it has an important distinction. As an example, an officer uses a trained and justified technique-let’s say a knee strike targeted at the lower abdomen. As a result of the dynamic application of this technique, (the aggressive resistance and movement of the subject) a target area not trained or approved is acquired-such as the head. The officer documents what occurred and the injuries that resulted. A finding of “dynamic application” would be appropriate.
Use the DAAT manual for reference. Review the report and critique items specific to this phase of the Disturbance Resolution Model. Render an opinion on whether this aspect was satisfied.
Include any suggestions for improvement, congratulatory or positive comments, and/or training suggestions.