North Eastern Massachusetts Law
Enforcement Council (NEMLEC)

 

 

 

Policy Number: 1115?

Effective Date: 6/07/05

Subject: Use of Force

Pages: 8 pages and 1 form

Accreditation Standards: 1.3.1, 1.3.2, 1.3.3, 1.3.4, 1.3.5, 1.3.6, 1.3.7,
1.3.12, 1.3.13

 

 

General Considerations

NEMLEC recognizes that the rapid response and presence of a highly trained operational unit
can resolve dangerous situations with a minimal use of force. Sound tactics, planning and
teamwork frequently result in the resolution of serious situations with a minimum of danger to
the public, police of?cers and offenders. Reasoned restraint when appropriate, coupled with the
capability of a sound and immediate response when necessary is the hallmark of and reason for
the existence of the NEMLEC operational teams.

It is emphasized that the most successful operation is one that results in the resolution of a
problem without injury to anyone. Whenever practical, of?cers should employ other means of
defense and control before resorting to the use of force. However, no of?cer is required or
expected to sacri?ce his own safety when faced with a threat of serious injury or death.
NEMLEC places the highest value on the life and safety of its of?cers and the public. The
procedures, rules and guidelines outlined in this policy have been designed to ensure that this
value guides the NEMLEC of?cers? use of force.



 

Glossary of Terms De?nition

 

Diversionary Device Is any NEMLEC approved device that
produces sound, light and/or smoke and is
designed to distract, disorith or cause
temporary confusion of a subject. It is intended
to provide a tactical advantage, thereby
reducing the chance of injury to all.

Chemical Agent Is an agent that works by in?ammation or
irritation. It is designed to incapacitate with no
lasting after effects.

 

 

 

Minimum Amount of Force Is the least amount of force that is proper,
reasonable and necessary to achieve a lawful
objective

Non?Deadly Force Is force that is not likely to cause serious
physical injury

 

 

 

 

Lethal Force Is that degree of force likely to result in death

 

 

or serious physical injury. The discharge of a
?rearm toward a person is an example of the
use of lethal force.

 

Less Lethal Extended Range Impact Device

Flexible or non-?exible projectiles which are
intended to incapacitate a subject with minimal
potential for causing death or serious bodily

injury.

 

Less Lethal Force Philosophy

Is a concept of planning and force application,
which meets operational objectives, with less
potential for causing death or serious physical

inij

 

 

Serious Physical Injury

 

Is a bodily injury that creates a substantial risk
of death, causes serious permanent
dis?gurement, or results in long-term loss or
impairment of any body member or organ.

 

I. PROCEDURES

 

This policy shall apply to any of?cer who belongs to a NEMLEC operational unit
RRT, SWAT, STARS, Motor Unit) and is responding to or participating in a
NEMLEC Call Out.

NEMLEC of?cers shall use only that amount of force that is reasonable and
necessary to accomplish their lawful objective.

Excessive force is prohibited.

When the use of force is unavoidable, of?cers will act reasonably under the
circumstances.

Officers will use only the weapons that they have been trained, authorized and
quali?ed to use; provided, however, that tools of immediate means any
resource at an of?cer?s disposal) may be used where an officer is in imminent
danger of death or serious physical injury.

Warning shots are strictly prohibited.

II. USE OF FORCE CONTINUUM

The following Use of Force Continuum contains a summary of the degree of force that may be

exercised by NEMLEC of?cers based on the of?cer?s perceptions.

Reasonableness of a

particular use of force will be judged from the perspective of a reasonable of?cer on the scene in
light of the facts and circumstances confronting them without regard to their underlying intent or
motivation. The amount and degree of force that may be exercised will be determined by the
surrounding circumstances including, but not limited to:

the nature of the offense;

I the amount of resistance, both physical and verbal, displayed by the subject against
whom force is used, including past known behavior;

I possession of weapons by the subject;
action by third parties who may be present;

0 physical odds against the of?cer and size, age, physical condition of subject vs.
of?cer;

0 the feasibility of alternative options.

When a determination is made that the use of force is necessary and apprOpriate, of?cers
should be guided by the law and, to the extent possible, comply with the following use of
force continuum. Responses do not have to be exercised in progression. Rather, of?cers
should use the minimum level of force in any continuum level that is reasonable and proper.

 

 

Reasonable Of?cer?s Perceptions Reasonable Of?cer?s Tactics
If the subject And appropriate response 
Cooperative/Compliant verbal commands

of?cer presence

 

Passive Resistant (not cooperative or verbal commands
assaultive) contact control compliance techniques

 

Active Resistant (not cooperative or verbal commands

assaultive but physically resisting attempts contact control compliance techniques
to control) baton (for control techniques only)

tools of immediate means

ECD in drive-stun mode

chemical agents

Assaultive but using less lethal force verbal commands

contact control compliance techniques
baton for control techniques

chemical agents

tools of immediate means

 

EC in drive-stun mode and/or probe
dep lovment
striking techniques
less-lethal extended range impact devices
Presenting a threat of serious bodily harm verbal commands
or death to the of?cer or another contact control compliance techniques
baton for control techniques
chemical agents
tools of immediate means
ECD in drive?stun mode and/or probe

deplovment
striking techniques

 

 

 

 

 

 

 

 

 

less-lethal extended range impact devices
lethal force

 

 

 

CROWD DISPERSAL TACTICS

1. NEMLEC of?cers shall use the minimum amount of force necessary to disperse a
crowd.

2. Of?cers shall advise the crowd prior to initiating any dispersal action.

4. These measures are intended to prevent the indiscriminate use of force and to

ensure the safety of both of?cers and crowd members.

IV.

AUTHORIZED WEAPONS FOR NEMLEC OFFICERS

Certain members of the NEMLEC operational units are issued, trained and authorized to
use the following specialized weapons including:

1. DIVERSIONARY DEVICES

A. Guidelines for Use

NOTE: Diversionary devices should be used in the following situations after a
verbal command and warning is issued, if practicalaffect safe entry when executing a search warrant or warrantless

entry upon an evaluation of the risk involved;

In conjunction with a hostage rescue assault or a forcible entry to take

a barricaded suspect into custody;

As an outside diversion to draw suspects away from the NEMLEC team?s
point of entry;

To distract an individual threatening suicide to allow of?cers to take him into
custody without harm to himself or the of?cers;

5. During a felony vehicle stop to distract the occupants of the target vehicle;
6.
7. When armed resistance is encountered and diversionary devices are necessary

To provide distraction during the recovery of an injured person;

to provide distraction as of?cers proceed with dynamic clearing;

When armed resistance is encountered and diversionary devices are necessary
to provide distraction as of?cers move from one point of cover to another;
During training exercises and demonstrations.

B. Authorization Needed

Diversionary Devices issued to individual NEMLEC of?cers may be used
with the approval of the NEMLEC Control Chief or his designee.

2. CHEMICAL AGENTS

A. Guidelines for Use

NOTE: Chemical agents should be used in the following situations after a
verbal command and warning is issued, if practical, and the suspect has been
given the opportunity to surrender prior to its use.



(h

. As a means of taking custody of an individual or individuals

. To diSperse an individual or group;

. As a screening agent;

. To facilitate a tactical operation;

. For any other application deemed appropriate by the NEMLEC

Control Chief or his designee;

. The sequence of introducing chemical agents should be progressive

if circumstances allow;

. A gas mask should be worn or readily available while launching

chemical agents;

. The Chemical Dispersion Of?cer shall con?rm the request for chemical

Agents, including the quantity, type and location desired;

. Chemical agents should be deployed with the goal of forcing the suspect

to exit to a pre-designated area.

B. Authorization Needed
Chemical agents may be used when approved by the NEMLEC Control
Chief or his designee and should be used only at the direction of the
Control Chief or his designee.

3. LESS-LETHAL EXTENDED RANGE IMPACT DEVICES

A. Guidelines for Use

NOTE: Less-lethal extended range impact devices should be used in the
following situations after a verbal command and warning is issued, if practical.

1.

2.



To assist in effecting a safe enny when executing a search or arrest warrant

or warrantless entry, upon the evaluation of the risk involved

For the rescue of an injured person where rioters may have them surrounded
and are acting aggressively. Devices would be used by the rescue team to
gain access to the victim?s location and maintain a perimeter while a?'ecting
the rescue.

During a riot situation, with or without chemical agents, when the action of the
rioters present a threat of serious bodily harm or death to the of?cers.

To distract or incapacitate a suspect with a knife or impact weapon, when done
in a manner that does not unduly endanger the lives of of?cers.

To identify and mark agitators for arrest.

When in rock or bottle throwing range of a hostile crowd, the devices should
be deployed from behind or through the shield line.

Of?cers deploying devices should always be covered by an of?cer with lethal

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force capability.

8. All shotguns designated for use with less lethal extended range impact devices
will be color-coded.

9. Of?cers assigned as part of a less lethal devices team will be devoid of any
regular shotgun rounds and will insure that standard shotgun rounds are not
mistakenly used.

10. Aiming these munitions will be consistent with NEMLEC training.
B. Authorization Needed

Less lethal extended range impact devices may be used when approved by

the NEMLEC Control Chief or his designee.

4. FIREARMS

V.

A. Guidelines for Use

NOTE: Firearms may be used in the following situations after a verbal
command and warning is issued, if practical, and the suspect has been
given the opportunity to surrender prior to its use.

1. The use of ?rearms constitutes lethal force and should not be used except to
protect oneself or another person from imminent death or serious bodily
injury.

2. NEMLEC of?cers have diverse ?rearms assigned to them, including but not
limited to, handguns, shotguns, ri?es and automatic weapons.

B. Authorization Needed

The NEMLEC Control Chief or his designee shall determine what ?rearms shall
be deployed and by whom in any situation. This determination shall be made
after consideration of all known facts surrounding a particular situation and the
capabilities and limitations of each weapon.



This section sets forth guidelines for NEMLEC of?cers when making decisions regarding
the use of lethal force. These procedures have been developed with serious consideration
for the safety of both the of?cers and the public and with the knowledge that of?cers
must sometimes make split-second decisions in life and death situations?rearm constitutes lethal force.

Of?cers shall not use lethal force except to protect themselves or another person
from imminent death or serious bodily injury.

Of?cers may discharge their ?rearms only when doing so will not unreasonably
endanger innocent persons.

An of?cer shall not use lethal force to apprehend a ?eeing felon unless the of?cer
has probably cause to believe that:

 the felony involved the use or threatened use of lethal force, 

there is substantial risk that the escape of the individual would result in
imminent death or serious bodily injury to the of?cer or another if the
apprehension is delayed.

5. Of?cers shall discharge their ?rearms:

To subdue persons whose actions are destructive of property or harmful only
to themselves, unless such actions constitute an imminent threat of death of
serious bodily to the of?cers or others.

At a moving vehicle unless there is imminent threat of death or serious
physical injury to the of?cer or others and there is no means to escape. To
minimize the threat a moving vehicle can present, of?cers are to use sound
tactics when approaching a vehicle and should whenever possible, position
themselves in such manner that the vehicle can not be used against them as a
weapon.

From a moving vehicle unless circumstances warranting lethal force exist and
no other reasonable means are available.

6. Of?cers may draw their ?rearm in a ready position when there is reasonable
belief that a potential threat of death or serious bodily injury exists. When in a
ready position, the trigger ?nger is placed outside and above the trigger on the
receiver of the weapon, the weapon is pointed in a safe direction and the of?cer
assumes a position that protects the ?rearm from being forcefully taken from
him/her.

7. When an of?cer has used force that results in a death or serious injury, he/she
shall immediately be referred to appropriate stress counseling or post?incident
debrie?ng by his/her own department.

VI. MEDICAL ATTENTION

A NEMLEC of?cer who injures any person when using any type of force shall alert the
on-scene Medic Team and shall arrange for medical treatment and if necessary,
transportation to a hospital of the injured person as soon as practical under the
circumstances. The of?cer shall notify the Of?cer in Charge and/or the NEMLEC
Control Chief or his designee if the injury is more than minor in nature.

VII. AFTER ACTION REPORT

At the conclusion of any tactical activation in which action is taken, the Unit Commander
or his designee shall complete an ?After Action Report?. This report shall be completed
within ten (10) days of the activation and shall specify whether any individual was
injured during the activation. The Unit Commander shall distribute the report to the
Receiving Chief of Police, with a copy to the Control Chief, or his designee. A copy shall
also be ?led and maintained by the Unit Commander. This report, in addition to any Use

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of Force Review Report (see below), shall be submitted to the Standards Committee.

USE OF FORCE REVIEW REPORT

It is essential that in all instances to document use of force and to review the use of force. A
Use of Force Review Report (attached to this policy) shall be submitted as soon as practical
to the Unit Commander and the Control Chief by the involved officer whenever:

a ?rearm is discharged except for ?rearms training;

a striking technique is used in which an injury is sustained;

a chemical agent is used;

the use of force caused or is known to have caused injury or death;
any other weapon is used in which an injury is sustained;

deemed appropriate by the NEMLEC Control Chief or his designee



This policy does not require reporting the pointing of weapons or using weaponless, hand-to-
hand control techniques that have little or no chance of producing injuries when gaining
control over, or subduing non-compliant or resisting persons. These techniques include
physical touching, gripping or holding, frisking, pain compliance measures, pressure point
application, come-alongs, handcuf?ng, or other custodial procedures.

Notwithstanding the above provisions, the Executive Board of NEMLEC and/or the
Standards Committee may direct an of?cer to submit a Use of Force Review Report if, in its
sole discretion, it deems it appropriate or necessary.

In the event that more than two (2) of?cers have taken actions during a single incident, or
call out, that would mandate the ?ling of a Use of Force Review Report, the Unit
Commander shall submit one Use of Force Review Report describing all of the uses of force
during that incident or call out, and shall obtain the signatures of all of?cers involved, in
addition to his/her own signature, on that Use of Force Review Report.

Every NEMLEC of?cer acknowledges that he/she must also adhere to the Use of Force
reporting requirements of his/her own department.

IX. USE OF FORCE REVIEW BOARD

All Use of Force Review Reports, together with the After Action Report from pertinent
activation, shall be forwarded by the Control Chief to the NEMLEC Standards Committee
each time a Use of Force Review Report is ?led. The Standards Committee shall conduct an
administrative review of such reports not less than once annually. It shall assess, analyze and
recommend whether further action is necessary based on a review of these reports.

X. DISSEMINATION AND RECEIPT OF USE OF FORCE POLICY

The Control Chief of each operational unit or his designee shall be responsible for issuing a
copy of and training in the NEMLEC Use of Force policy to each NEMLEC of?cer
participating in such Unit. Each of?cer shall sign a receipt of acknowledgement that shall be
maintained in the records of NEMLEC.

NORTH EASTERN MASSACHUSETTS
LAW ENFORCEMENT COUNCIL (NEMLEC)

 

USE OF FORCE REVIEW REPORT

Officer Submitting Report: Date:

 

Name of Police Department: Rank:

 


A. GENERAL INFORMATION

Date ofIncident: Time of Incident:

Location or Address of Incident:

 

Indoors: l:l Outdoors: l:l
Describe Weather and Light Conditions:

 

B. FORCE APPLICATIONS USED (check all applicable)

 

 

l:l Physical Strength/Hand Controls
lj Spray/Pepper Mace
l:l Firearm Discharged Number of shots ?red:
l:l Defensive Baton
Other (describe)
Reason: Firearm Used (if applicable):
l:l Necessary to Effect Arrest l:l Department Issued Firearm
l:l Necessary to Defend Self l:l NEMLEC Authorized Firearm
Necessary to Defend Another l:l Privately Owned Firearm
l:l Other (explain below)

 

 


NEMLEC USE OF FORCE REVIEW REPORT - page 2 of 3

C. INJURED S)

 

 

 

 

 

 

 

 

Was the suspect injuredwitness injured? El YES El NO

Was of?cer injured? Cl YES Cl NO

Were photos/physical evidence obtained? El YES NO

Name: Describe Injury:

Address: Treated by Ambulance? YES NO
Transported? YES NO
Medical Facility:



Name: Injury:

Address: Treated by Ambulance? YES NO
Transported? YES NO
Medical Facility:

 


D. WITNESSES El YES El N0

List name(s) and addresses if known:

 

 


F. PROPERTY DAMAGE [3 YES '3 N0

Name and Address of Owner Damage:

 

 

 

 

 

 


NEMLEC USE OF FORCE REVIEW REPORT page 3 of 3

G. NARRATIVE

Describe in detail the reasons and circumstances that required use of force and/or discharge of a
?rearm. Use additional paper if necessary. Reference and attached any After Action Reports that are
related to this incident.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 



Of?cer?s Signature: Date:

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