Case Law & Resources: Minnesota
Case Law
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Resources
Citation
Minnesota Department of Corrections
Policy Number: 107.022
Effective May 1, 2018
Title: Office of Special Investigations – Use of Force – Fugitive Apprehension
Summary and Notes
Correction officers are required to give warnings before using deadly force.
Relevant Excerpt
B. Use of deadly force
1. The use of deadly force by a FAUM in the line of duty is justified only when reasonably necessary:
2. Deadly force is not limited to the use of a firearm and FAUMs must use great care in all actions that create a substantial risk of causing death or great bodily harm.
3. Minn. Stat. § 609.066 expressly includes in the definition of deadly force, the intentional discharge of a firearm at a vehicle in which another person is believed to be. Consequently, such action is statutorily prohibited other than when deadly force is authorized.
4. FAUMs are discouraged from discharging a firearm at, or from, a moving vehicle. However, such action may be permissible in situations in which the use of deadly force is authorized and the FAUMs reasonably believe such action is necessary to successfully resolve the deadly force situation.
5. FAUMs must give some warning when reasonable and prudent before using deadly force.
6. Warning shots must not be fired by FAUMs.
7. Neck restraints or choke-holds may only be used in life-threatening situations or if the officer is justified in the use of deadly force.
Minneapolis Police Department Policy & Procedure Manual 5-300 Use of Force
Effective Sep. 8, 2020
MPD will rely on de-escalation practices over lethal force.
I. PURPOSE
A. The MPD recognizes that combative, non-compliant, armed or otherwise violent subjects cause handling and control problems that require special training and equipment.
B. The MPD has adopted the less-lethal force philosophy to assist with the de-escalation of these potentially violent confrontations.
Minneapolis Police Department Policy & Procedure Manual 5-300 Use of Force
Effective Sep. 8, 2020
Definition of de-escalation includes limiting the use of physical force.
II. DEFINITIONS
De-escalation: A dynamic spectrum of integrated strategies and tactics attempted by officers to lower the intensity of interactions between police, people in crisis or potentially violent individuals, and the public, with the goal of gaining voluntary compliance and avoiding or minimizing use of physical force.
Minneapolis Police Department Policy & Procedure Manual 5-300 Use of Force
Effective Apr. 22, 2019
MPD training courses are used to promote de-escalation strategies.
II. DEFINITIONS
Course ID: A pre-authorized number assigned by the In-Service Training Unit for identification of training courses or programs.
Community Policing (Training):
1. Instruction on the following matters:
a. techniques for expanding the training of peace officers to include de-escalation and problem-solving;
Minneapolis Police Department Policy & Procedure Manual 2-500 Recruitment and Training
Effective Apr. 22, 2019
MPD members may attend special seminars and trainings on de-escalation practices on their own time with prior approval.
F. Special Duty, Schools and Seminars
1. Employees applying for Special Duty time, department funds, or MPD sponsorship must forward a properly completed Special Duty Approval Form (MP-1002) to the Training Unit. Applications to attend or instruct at an outside department training shall be denied when the training conflicts with training provided by MPD (such as warrior-type or fear-based training on use of force or de-escalation techniques as opposed to MPD’s community policing training).
2. Training requests which involve funding beyond the endorsing Commander’s training budget shall be reviewed and approved or denied by the Deputy Chief of Professional Standards.
3. Employees attending specialized schools or seminars authorized by the MPD will provide event information, names of the speakers and their qualifications, reports and a class syllabus to the Training Unit.
4. Employees may be selected to attend or instruct advanced training programs in which the MPD participates.
5. MPD employees may attend specialized training schools or seminars on their own time, except MPD sworn employees must obtain approval in advance from the Deputy Chief of Professional Standards or their designee before attending or instructing at a training on use of force or community policing/de-escalation techniques to ensure there is no conflict with such training provided by MPD (such as warrior-type or fear-based training on use of force or de-escalation techniques as opposed to MPD’s community policing training), including through off-duty employment.
N/A
Effective Aug. 17, 2020
d) De-escalation:
1. An officer shall use de-escalation techniques and other alternatives to higher levels of force consistent with their training whenever possible and appropriate before resorting to force and to reduce the need for force.
2. Whenever possible and when such delay will not compromise the safety of another or the officer and will not result in the destruction of evidence, escape of a suspect, or commission of a crime, an officer shall allow an individual time and opportunity to submit to verbal commands before force is used.
e) Use of Other Than Deadly Force
1. When de-escalation techniques are not effective or appropriate, an officer may consider the use of other than deadly force to control a non-compliant or actively resistant individual. An officer is authorized to use agency-approved other than deadly force techniques and issued equipment in the following circumstances:
a. effecting a lawful arrest; or b. the execution of legal process; or c. enforcing an order of the court; or d. executing any other duty imposed upon the public officer by law; or e. defense of self or another.
g) Deadly Force:
3. Where feasible, the officer shall identify themselves as a law enforcement
officer and warn of his or her intent to use deadly force.
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Effective Jan. 25, 2018
2. Demonstrate understanding of the role of peace officers in conflict resolution to include:
A. Identify objective threat indicators that may call for taking immediate action to protect the safety of community members and officers.
B. Discuss or demonstrate practices and tactics that protect the safety of community members and officers while attempting conflict resolution.
C. Discuss the role peace officers play in fairly and objectively resolving conflict, in reducing tension, and in seeking ways to resolve conflict without use of force.
D. Discuss how an officer’s thoughts, moods, fears, and attitudes can contribute to the escalation or de-escalation of situations. E. Discuss healthy ways to self-regulate emotions. F. Identify how frustration, fear and anger play a role in conflict, and how making people feel safe, respected, and heard aids in managing heightened emotions.
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Effective Jan. 25, 2018
4. Manage conflict in dynamic circumstances to include:
A. Identify objective threat indicators, such as rage or aggressive body language that may call for immediate action to protect the safety of community members and officers.
B. Discuss or demonstrate the use of threat reduction tactics involving time, distance, cover and disengagement while, if feasible, attempting de-escalation.
C. Demonstrate the use of emotional regulation and communication skills before, during and after a threatening incident.
D. Practice decision making in conflict scenarios that may or may not require the use of force.