Case Law & Resources: Michigan
Case Law
No relevant case law was found by our researchers.
Resources
Citation
Summary and Notes
Deals with arrests but makes no mention of use of force.
Relevant Excerpt
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Added affirmative de-escalation requirement.
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Establishes the policy and procedure for appropriate use of force - Michigan adopts the objectively reasonable use of force as well as the MCOLES Subject Control Continuum.
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Currently enacted as of 12/7 - Guidance on MSP website states that Official Orders are "permanent in nature" but does not provide info as to when adopted.
OBJECTIVELY REASONABLE USE OF FORCE
A. The United States Supreme Court has held that an officer’s use of force will be judged in light of an “objectively reasonable” standard. Reasonableness will be determined by balancing the nature and quality of the intrusions with the countervailing governmental interests. The standard takes into consideration the severity of the crime, whether the suspect poses an immediate threat to the safety of the officers or others, and whether the suspect is actively resisting arrest or attempting to evade arrest by flight. B. The reasonableness of the officer’s use of force will be judged on the scene and at the moment the force was used rather than from 20/20 hindsight, and will take into consideration the fact that police officers are often forced to make split-second decisions in circumstances that are tense, uncertain, and rapidly evolving. Graham v Connor, 109 S.Ct. 1865(1989) . . .
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USE OF FORCE
A. Enforcement members are authorized to use department-approved control techniques and intermediate weapons to: (1) Protect the enforcement member or others from injury or death. (2) Stop potentially dangerous and unlawful behavior. (3) Protect subjects from injuring themselves. (4) Make a lawful arrest.
B. Enforcement members are justified in using only that force which is necessary to overcome a subject’s resistance, to effect an arrest, or maintain proper custody of a prisoner. Use of any technique or device in a manner that is punitive or outside the scope of a member’s authority is forbidden. C. When a resisting subject de-escalates his/her resistance, the enforcement member shall also de-escalate the amount of force used proportionately.
Effective January 1, 2022 (Rules must be established by commission no later than September 1, 2021).
Sec. 9f. (1) Beginning January 1, 2022, an individual who is seeking to become licensed as a law enforcement officer under section 9, 9b, 9c, or 9d shall complete training that meets the minimum standards under this section. A law enforcement officer who is licensed under section 9, 9b, 9c, or 9d on December 31, 2021, and who has not previously completed the training under this section shall complete training that meets the minimum standards under this section. (2) Subject to subsection (4), not later than September 1, 2021, the commission shall promulgate rules establishing the minimum standards for training in all of the following areas: (a) De-escalation techniques (b) Implicit bias training (c) Procedural justice training (d) Mental health resources and support available for law enforcement officers . . . (3) The minimum standards for training on de-escalation techniques must include all of the following:
(a) The use of alternative nonlethal methods of applying force and techniques that prevent a law enforcement officer from escalating any situation where force is likely to be used.
(b) Verbal and physical tactics to minimize the need for the use of force, with an emphasis on communication, negotiation, de-escalation techniques, and providing the time needed to resolve the incident safely for each individual involved.
(c) The use of the lowest level of force that is a possible and safe response to an identified threat and reevaluation of an identified threat as it progresses.
(d) Techniques that provide all officers with awareness and recognition of physical and mental disabilities, mental health issues, and substance abuse issues with an emphasis on communication strategies, and training officers simultaneously in teams on de-escalation and use of force to improve group dynamics and diminish excessive use of force during critical incidents.
(e) Principles of using distance, cover, and time when approaching and managing critical incidents, and elimination of other techniques in favor of using distance and cover to create a reaction gap.
(f) Crisis intervention strategies to appropriately identify and respond to an individual suffering from physical or mental disabilities, mental health issues, or substance abuse issues, with an emphasis on de-escalation techniques and promoting effective communication.
(g) Other evidence-based approaches, found to be appropriate by the commission, that enhance de-escalation techniques and skills."De-escalation technique" means a method ro methods for assessing and managing a situation in order to resolve it with the least use of force that is safe and practicable by a law enforcement officer.
Requires officers complete at least 12 hours of "continuing education" within the year and at least 24 hours every year afterward.
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