North Myrtle Beach Department of Public Safety Policy & Procedures Manual 13.4 13.2 USE OF FORCE CALEA Standard(s): 1.3.1, 1.3.2, 1.3.3, 1.3.4, 135, 1.3.6,1.3.7,1.3.8,1.3.12, 1.3.13 PURPOSE Our primary function is to protect the rights of all persons within our City to be free from crime, secure in their possessions, and to live and work in a peaceful manner. In order for the Department to carry out this function, police officers may be required to use physical force. The use of force by law enforcement personnel is a matter of critical concern both. to the public and the law enforcement community. Officers interact on a daily basis with a variety of citizens, visitors, tourists, and businesses, and when warranted and necessary to do so, may use force in carrying out their duties. Officers must have a complete and thorough understanding of, and true appreciation for, the limitations on their authority, particularly with respect to overcoming resistance from those with whom they come in official contact. ‘The purpose of this policy is to provide guidance as to when physical force may be employed and the type of physical force the law will permit. However, policy cannot cover every possible situation presented to officers. Therefore, officers must be reasonable in their actions. POLICY A. The policy of our Department is to protect and serve all citizens, visitors, tourists and businesses while at the same time respect the rights of suspects and balance the need for officer safety in the use of reasonable force. Itis the policy of our Department that officers will use only the level of force that is reasonable and necessary to bring an incident or event to a successful conclusion or under control. B. Our Department recognizes and respects the sanctity of human life and dignity. We are committed to respecting human rights and the dignity of every individual, and the Constitutional right to be free from excessive force, whether deadly or not, by a law enforcement officer. Entrusting officers with authority to use force to protect our citizens, visitors, tourists, and businesses, themselves and others requires a very careful balancing of the rights of all people. The application of physical force, and the type of force employed, depends on the situation as perceived by the officer. C. The use of force, especially force, likely to result in serious bodily injury or death is a serious action, When deciding whether to use force, officers shall act within the boundaries of the United States and South Carolina constitutions and laws, ethics, good judgment, this use of force policy, and all other relevant North Myrtle Beach Department of Public Safety policies, practices and training. Page 749 of 1051 03/26/2020North Myrtle Beach Department of Public Safety Policy & Procedures Manual . With these values in mind, an officer shall use only that degree of force necessary and reasonable under the circumstances. Officers should ensure that they do not engage in unreasonable actions that precipitate the use of force as a result of tactical, strategic, and procedural errors that place themselves or others in jeopardy. ‘The reasonableness of a particular use of force must be judged from the perspective of a reasonable officer on the scene, rather than with the 20/20 vision of hindsight. The calculus of reasonableness must embody allowance for the fact that police officers are often forced to make split-second judgments, in circumstances that are tense, uncertain, and rapidly evolving. The reasonableness inquiry in an excessive force case is an objective one; the question is whether the officer's actions are objectively reasonable in light of the facts and circumstances confronting them, without regard to their underlying intent or motivation, It is important for officers to bear in mind that there are many reasons a suspect may be resisting arrest or may be unresponsive. The person in question may not be capable of understanding the gravity of the situation. The person's reasoning ability may be dramatically affected by a number of factors, including but not limited to a medical condition, mental impairment, developmental disability, physical limitation, language barrier, drug interaction, or emotional crisis. Therefore, it is possible that a person's mental state may prevent a proper understanding of an officer's commands or actions, In such circumstances, the person's lack of compliance may not be adeliberate attempt to resist the officer. An officer's awareness of these possibilities, when time and circumstances reasonably permit, should then be balanced against the facts of the incident facing the officer when deciding which options are the most appropriate to bring the situation to a safe resolution. |. Policing requires that at times an officer must exercise control of a violent, assaultive, or resisting individual to make an arrest, or to protect the officer, other officers, or members of the general public from risk of imminent harm. Officers may either escalate or de-escalate the use of force as the situation progresses or circumstances change. Officers should recognize that their conduct immediately connected to the use of force may be a factor which can influence the level of force necessary in a given ituation, When reasonable under the totality of circumstances, officers should use advisements, warnings, verbal persuasion, and other tactics and recognize that an officer may withdraw to a position that is tactically more secure or allows an officer greater distance in order to consider or deploy a greater variety of force options. When a suspect is under control, either through the application of physical restraint, or the suspect's compliance, the degree of force should be de-escalated accordingly. Page 750 of 1051 03/26/2020North Myrtle Beach Department of Public Safety Policy & Procedures Manual 13.3 K. An officer who witnesses inappropriate, unnecessary, unreasonable or excessive use of force by another officer shall immediately intervene to cease the application of excessive force and then report it immediately to a command or supervisory officer. L. Officers who are off-duty and become involved in any use of force situation must report the circumstances to an on-duty command or supervisory officer as soon as the situation is stabilized. M, Officers are responsible to ensure that medical treatment is provided to any person who has been injured or alleges injury as a result of being subjected to the use of force. N. The North Myrtle Beach Department of Public Safety recognizes that the duties of a police officer may require officers to use force. The Department will support the lawful use of reasonable and appropriate force by officers in the performance of duty. 0. Use of force that is not lawful, unreasonable and inappropriate will not be tolerated. USE OF FORCE POLICY GUIDELINES ‘A. North Myrtle Beach Department of Public Safety Policies as well as relevant Federal, State, and Local laws shall govern use of force by officers. B. Officers are permitted to use whatever force that is reasonable to protect others or themselves from bodily harm, C. Each situation explicitly requires the use of force to be reasonable and only that force which reasonably appears to be necessary may be used to gain control or prevent attack. D. Mere verbal threats of violence, verbal abuse, or hesitancy by the suspect in following commands do not, in and of themselves, justify the use of physical force without additional facts or circumstances which, taken together, pose a threat of harm to the officer or others. E, Officers must be prudent when applying use of force techniques. Unreasonable application of physical force is a federal law violation that may result in criminal prosecution and/or civil liability for the officer. F. A violation of the Department's use of force policy may also subject the officer to Departmental discipline. Officers should clearly understand that the standard for determining whether or not the force applied was reasonable is that conduct which a reasonable police officer would exercise based upon the information the officer had when the conduct occurred. Page 751 of 1051 03/26/202013.4 North Myrtle Beach Department of Public Safety Policy & Procedures Manual G. Officers must pay careful attention to the facts and circumstances of each particular case, including the severity of the crime at issue, 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. H. Furthermore, the Department expects officer(s) to use the most appropriate force option given the circumstances. The decision should take into account the situation facing the officer as well as their training and experience. DEFINITIONS A. Actively Resisting Arrest - When the subject is making physically evasive movements to defeat the officer's attempt at control, including fleeing, bracing, tensing, pushing, or verbally signaling an intention to avoid or prevent being taken into or retained in custody. B. Choke Holds - A chokehold shall include, but is not limited to, any pressure to the throat or windpipe, which may prevent or hinder breathing or reduce intake of air. The courts could consider a choke hold or other similar type holds as deadly force. Choke. 5 See t force is permissible under existing law and Department policy, C. Force - Any action, physical strike, instrumental contact with a person, or any significant physical contact that restricts movement of a person. The term includes, butis not limited to, the use of: Electronic Control Device [TASER], batons, strikes, joint locks, joint compression or manipulation, application of pain through pressure points, the taking of a subject to the ground, or the deployment of a canine. The term does not include escorting or handcuffing a person with no or minimal resistance. D. Serious Use of Force ~ Any action that involves: a firearm discharge; the use of deadly force; a baton strike to the head; or a use of force in which the person is seriously injured or requires hospital admission, with the exception of individuals admitted for psychiatric evaluation not suffering a serious injury. E. Deadly Force - Any action which may cause serious bodily injury or death. This includes the loss or functioning of any bodily member or organ. F. Deadly Force Justification - The officer has reasonable cause to believe that the suspect poses a significant threat of death or serious physical injury to the officer or others. G._ Imminent - Impending or about to occur. Page 752 of 1051 03/26/2020North Myrtle Beach Department of Public Safety Policy & Procedures Manual H. Objectively Reasonable - The amount of force that would be used by other reasonable and well-trained officers when faced with the same or very similar circumstances. 1. Reasonable Belief - Reasonable belief means that the person concerned, acting as a reasonable person believes that the prescribed facts exist. J. Escorting - Techniques used to control a person while moving from one point to another. K. Original documents - Photographs, MVR video files, BWC videos, officer incident reports, use of force reports and any other documents that are handwritten or contain an original signature. L. Self-Defense - The act of protecting oneself from physical harm or serious physical harm, M, Serious Injury/Serious Physical Harm to Persons - Any of the following: 1. Any physical harm that carries a substantial risk of death. 2. Any physical harm that involves some permanent incapacity, whether partial or total, or that involves some temporary, substantial incapacity. 3. Any physical harm that involves some permanent disfigurement or that involves some temporary, serious disfigurement. 4, Any physical harm that involves extreme physical pain. 5. Any physical harm that involves protracted loss of impairment of the function ofa bodily part, organ or mental faculty. N. Less-Than-Lethal Force: 1, Where deadly force is not authorized, officers should assess the incident in order to determine which less-than-lethal technique or weapon may be deployed to best de-escalate the incident and bring it under control in the safest manner possible, 2. Officers are authorized to use Department approved less-than-lethal force techniques and equipment for resolution of incidents of active resistance as follows: Page 753 of 1051 03/26/2020North Myrtle Beach Department of Public Safety Policy & Procedures Manual 13.5 13.6 ‘a To protect themselves or others from physical injury; b. To restrain or subdue a suspect or individual who is actively resisting the officers efforts to bring the suspect or individual under control; or To bring an unlawful situation under control, 3. Officers are prohibited from using less-than-lethal techniques or equipment as a punitive measure to gain compliance when a suspect or individual fails to follow directions or instructions in the absence of active resistance. 4. The use of less-than-lethal force is prohibited on fleeing suspects unless the officer has reasonable belief that the suspect, if not apprehended, poses a serious and imminent threat to the safety of the public MENTAL ATTITUDE Officers must realize that emotional involvement is also a factor in the escalation or de-escalation of force. In order to react to every situation with the reasonable amount of force, an officer must be in good physical condition, possess self-defense and verbalization skills, and have a mature, professional attitude. Additionally, officers must have self- confidence in their training and abilities to control the situation, SITUATION-BASED USE OF FORCE CONTINUUM The Department recognizes building flexibility into an officer's determination of the appropriate use of force is advisable and acceptable - if not essential - given that the standard for evaluating an officer's use of force claims is reasonableness under the facts and circumstances known to the officer at the time. This is an affirmative stance by the Department designed to provide additional confidence and needed support to officers in making their decisions regarding use of force in the field. Anumber of factors mustbe taken into consideration when an officer selects force options, and when evaluating whether an officer has used reasonable force. The Department recognizes officers are expected to make split-second decisions and the amount of time available to evaluate and respond to a situation may impact the officer's decisions. By establishing a policy that includes a use of force continuum, the Department's goal is to provide additional guidance to officers making split-second decision. Examples of facts that may affect an officer's force option selection include, but are not limited to: A. Officer/subject factors (age, size, relative strength, skill level, injury/exhaustion, number of officers versus number of subjects, ete.) B. Influence of drugs or alcohol, C. Proximity to weapons Page 754 of 1051 03/26/2020North Myrtle Beach Department of Public Safety Policy & Procedures Manual 13.7 Viability of other options Seriousness of the offense in question Was the subject actively resisting or attempting to evade arrest by flight ‘The physical threat to the officer or others soma m yp Other exigent circumstances Finally, it is important to note that an officer need not attempt to gain control over an individual by use of the lowest level of force on the continuum when reason dictates and the officer can articulate that a higher level of force is reasonable and would provide a safer resolution for the suspect and the officer. Likewise, the skipping of steps may be appropriate given the resistance encountered. Simply put, this continuum should be viewed as an elevator, nota ladder - an officer may go directly to any level of the continuum provided that the force selected is reasonable. ESCALATION/DE-ESCALATION OF FORCE The primary objective of the application of force is to ensure the control of a suspect with such force as is objectively reasonable under the circumstances. Ideally, officers should attempt to control a suspect through advice, warning, or persuasion, but mustbe prepared for the use of physical force. The types of force an officer may utilize will vary, depending on the aggressive behavior or degree of resistance used by a suspect and the tactical practicability of a particular use of force technique. In situations when physical force is applied, an officer must escalate or de-escalate to the amount of force that reasonably appears to be necessary to overcome the suspect's resistance and to gain control. The concept of escalation and de-escalation of physical force must be put into a proper perspective so that officers can effectively handle all types of non-compliant suspects. There are three key points regarding the concept of escalation and de-escalation of physical force. ‘A. Physical force is used to control a suspect; B. Whenever force is used, the officer's actions must be in response to the suspect's actions; NOTE: This does not mean that an officer has to wait until a suspect attacks, Based on the circumstances, an officer may be justified in using reasonable force to prevent an attack. C. An officer may use only the amount of force that reasonably appears to be necessary to control the suspect. Page 755 of 1051 03/26/202013.8 13.9 North Myrtle Beach Department of Public Safety Policy & Procedures Manual The Fourth Amendment of the United States Constitution requires that police ely reasonable under the circumstances, officers use only such force as is object Officers need not avail themselves of the least intrusive means of responding to an exigent situation; they need only act within that range of conduct identified as reasonable. STAGES OF USE OF FORCE CONTINUUM Ina complex society, officers are confronted daily with situations where control must be exercised to affect arrests and to protect the public's safety. Control may be achieved through a variety of methods and techniques. The six stages of use of force methods and techniques utilized in our Department are described below in detail CONTROL TECHNIQUES ‘The ability to successfully execute the proper control technique when attempting to control a suspect is essential for officer safety. Officers should remain mindful that the use of force options in order of preference where time and circumstances allow the officer to consider various options. This is based on the affected officer(s) having the time and ability to weigh the circumstances and avoid direct physical engagement. Whenever possible and where practical, officers are encouraged to employ those techniques that do not require them to directly physically engage the subject so as to minimize risk to both the officer and the subject. ‘The following use of force techniques are described in general indicating the six (6) approved levels of force to control suspects under increasing resistant actions. Level 1: Officer Presence ‘The mere presence of a uniformed or other appropriately identified officer, coupled with good verbal communication, will generally gain the willful submission necessary to avoid a further escalation of force. Level 2: Verbalization (Verbal Commands) Verbalization, “talking a suspect to jail,” is the most commonly used technique to affect the arrest of a suspect. Verbalization may be advising, warning, or persuading. Actual field experience demonstrates that certain techniques of verbalization, coupled with an advantageous position, and a mature, professional attitude can prevent further escalation of a situation. These techniques include: 1. Explaining any actions about to be taken; 2. Allowing a suspect to save face in front of his/her peers; Page 756 of 1051 03/26/2020North Myrtle Beach Department of Public Safety Policy & Procedures Manual 3. Recognizing a suspect's remarks are not a personal attack against the officer; and 4, Allowing a suspect to retain dignity whenever possible. IMPORTANT: Officers should always attempt to de-escalate confrontations by utilizing verbalization techniques prior to, during, and after any use of physical force. Level 3: Soft Empty Hand Control Soft empty hand control is generally used to counter a weaponless suspect's passive or active resistance to an officer's verbal commands. Firm grip and control techniques were designed to safely initiate physical contact and gain control of an uncooperative suspect. When verbalization proves ineffective, a firm grip may be all that is necessary to overcome resistance. Ifthe use of a firm grip is unsuccessful, an officer may decide to utilize a control technique as a restraint or come-a-long hold, When the suspect's physical actions become actively resistant to a point that prevents the officer from gaining control or affecting an arrest, more aggressive countermeasures may become necessary. At this level of force, these techniques consist of: 1. avoidance, 2, blocks, 3. soft empty hand control holds such as: joint manipulation, transport wristlocks, and balance displacement. 4. pressure points, Soft empty hand control techniques do not generally inflict long lasti injury upon the suspect. IMPORTANT: Soft empty hand control techniques do not include control techniques such as subject positioning, gripping, holding, or frisking commonly associated with investigative detentions. \g or permanent Page 757 of 1051 03/26/2020North Myrtle Beach Department of Public Safety Policy & Procedures Manual Level 4: Hard Empty Hand Control Hard empty hand control techniques are used when lesser levels of soft empty hand control techniques have failed or will likely be ineffective in controlling resistive behavior, but deadly force is not justified. Hard empty hand control techniques include: 1, Controlled takedowns such as: straight arm-bar takedown, front takedown, transport wristlock takedown, 3. And other self-defense techniques designed to protect the officer and/or innocent citizens from bodily harm such as punches, kicks and strikes; including knee and elbow strikes, palm heel strikes, straight punches and hammer fist strikes, 4. controlled take downs such as: leg sweep, hip throw, front leg wrap, front and rear take downs, ete, 5. and ground tactics (using the officer’s body weight and/or any combination of empty hand control holds to control the subject), that are designed to create a temporary dysfunction of the suspect and allow the officer the opportunity to gain the advantage. Hard empty hand control techniques are most likely to inflict injuries including but not limited to, cuts, bruising, contusions, sprains or broken bones. Level 5: Intermediate Weapons/Electronic Control Device [TASER] Intermediate weapons are items or articles that are not part of the officer's personal anatomy. Intermediate weapons are utilized to immediately impede the threatening actions of an aggressive suspect. They consist of impact weapons such as an expandable baton, an electronic control device [TASER], riot baton and in an emergency, a flashlight or radio, etc. ‘These weapons are generally used when lethal force is not justified and lesser levels of force have been, or will likely be, ineffective in the situation. The baton may be appropriately displayed as a show of force if verbalization techniques appear to be ineffective when used on an aggressive suspect. A decision to draw or exhibita baton must be based on the tactical situation. For example, exhibiting the baton ina situation where there is an escalating risk to the officer's safety. If the situation continues to escalate, the baton can provide a viable method of controlling the suspect. The baton was designed as an impact weapon and should be used for striking movements and blocks. Page 758 of 1051 03/26/2020North Myrtle Beach Department of Public Safety Policy & Procedures Manual Caution shall be used to avoid striking those areas such as the head, throat, neck, spine or groin which may cause serious injury to the suspect. Intentional striking of these areas is considered deadly force. In situations when use of the baton is applicable, the front, side, or rear kicks can be applied as alternate use of force techniques when attempting control of an aggressive suspect, Another alternative to the use of the baton as an impact weapon is the flashlight. While certainly not preferred over the baton in most situations, the flashlight is usually readily available, especially at night, and may be appropriate at times when the baton is not accessible. Nevertheless, should this choice be made an intermediate use of force situation, caution shall be used to avoid striking those areas such as the head, throat, neck, spine or groin which may cause serious injury to the suspect. Like baton strikes, intentional flashlight strikes to these areas are considered deadly force. Currently, the only electronic control device that is Department approved is the ‘TASER. The TASER is a less-than-lethal control device that may be used to control a violent or physically combative subject. The Taser may also be used to control a noncompliant subject; however, it shall not be used against a passively resisting subject. The Taser may be used when an officer reasonably believes the following conditions exist: 1 Deadly force does not appear to be justifiable and/or necessary, and 2, There is a reasonable expectation that it will be unsafe for officers to approach and place themselves within reach of the suspect. Refer to Chapter XIV for policies governing the use of the Department issued ‘TASER and Expandable Baton. Level 6: Deadly Fores If the situation becomes life threatening, the officer would be compelled to escalate to the ultimate level of force. The use of lethal force is a Jast resort dictated by the actions of a suspect where the officer has reasonable cause to believe that the Suspect poses a significant threat of death or serious physical injury to the officer or others, The weapon of choice in these situations is the officer’s issued duty weapon. However, this does not preclude officers from using any reasonable means to protect themselves or other persons from this immediate and significant threat of death or serious physical injury. Officers must evaluate each situation by the facts and circumstances confronting them, Page 759 of 1051 03/26/2020North Myrtle Beach Department of Public Safety Policy & Procedures Manual 13.41 13.12 ‘CHOKEHOLDS OR TACTICS THAT HAVE THE POTENTIAL TO RESTRICT THE BREATHING OF SUBJECTS: Chokeholds are any action by an officer that makes contact with or applies pressure to the throat or windpipe that constitutes a realistic threat to inhibit breathing, whether that action restricts breathing or not, is forbidden under the policy. justifiable deadly force situation at the time. ‘The use of any type choke hold to prevent the swallowing of evidence is prohibited. In addition, in a situation where deadly force is not justified and the officer is utilizing ground tactics (using the officer’s body weight and/or any combination of hand controls to control the subject) and the subject reasonably complains that he/she is having difficulty breathing or the officer reasonably believes and/or observes others hindering the subject's ability to breathe, action shall be taken immediately to modify the tactics utilized to remedy the breathing concern. DRAWING OR EXHIBITING AN OFFICER'S FIREARM Unnecessarily or prematurely drawing or exhibiting a firearm limits an officer's alternatives in controlling a situation. Itcreates unnecessary anxiety on the part of citizens, and may result in an unwarranted or accidental discharge of the firearm, An officer's decision to draw or exhibit a firearm should be based on the tactical situation and the officer's reasonable belief there is a substantial risk that the situation may escalate to the point where deadly force may be justified. When an officer has determined that the use of, deadly force is not necessary, the officer should, as soon as practicable, secure or holster the firearm. DUTY TO REQUEST MEDICAL ATTENTION A. In ALL actions taken by Department personnel where the use of force, lethal or less- than-lethal, has caused injury or an alleged injury or an officer encounters an individual with obvious injuries and the circumstances of the encounter coupled with the nature of the injuries are such that the person may claim the injuries resulted from the contact with the officer, or the individual makes a claim ofa medical issue or injury, the involved officer's shall visually examine the individual claiming injury, request medical attention immediately, and immediately notify a supervisor. B. When an individual is struck with a less-than-lethal weapon or an impact tool/device, First Responders shall be called to the scene of the incident to examine the person at the earliest and safest opportunity. Medical personnel will determine whether further medical attention is required Page 760 of 1051 03/26/2020North Myrtle Beach Department of Public Safety Policy & Procedures Manual 13.43 13.44 C. Appropriate medical attention may include increased observation to detect obvious changes in condition, applying first ald, evaluation by paramedics, or for life threatening or more serious injuries, immediate aid from medical professionals. D. Ifa TASERis utilized, the officer shall remove TASER probes unless probes have struck ‘the subject in a vital area such as the face, neck, female breasts, genitalia, other private sensitive areas, If the TASER probe(s) have penetrated the subject's face, neck, breast, or genitalia or other private sensitive areas, the subject shall be immediately transported to a medical facility to have the probe(s) removed by properly trained medical personnel E. Any person suffering from or claiming to suffer from any illness, injury or other condition that requires medical attention, such as the ingestion of narcotics or other harmful substances, the person will be transported to Sea Coast Medical Center, Grand Strand Regional Medical Center or the closest medical receiving center via Horry County Fire Emergency Medical Services or if not available, any safe means possible for treatment, REPORTING ACTIVE RESISTANCE INCIDENTS [NON-DEADLY FORCE] A reportable use of force incident is defined as an incident in which any on-duty or off- duty Department employee uses a less-than- lethal control device or any physical force to: ‘A. Compel a person to comply with the employee's directions; or B, Overcome active resistance by a suspect during an arrest or a detention; or C. Defend themselves or any person from an aggressive action by a suspect. REPORTABLE USE OF FORCE DOES NOT INCLUDE A. The mere presence and identification of police officer status; or B. The use of a firm grip hold which does not result in an injury, complaint of injury, or complaint of pain; or C. That force necessary to overcome passive resistance due to physical disability or intoxication which does not result in injury, complaint of injury, or complaint of pain; or D. Control holds utilized in conjunction with handcuffing and searching techniques which do not result in injury, complaint of injury, or complaint of pain, and did not require any other reportable use of force; or E. Injuries sustained by a subject as a sole consequence of their actions such as, but not limited to, falling while fleeing from officer(s); or Page 761 of 1051 03/26/2020North Myrtle Beach Department of Public Safety Policy & Procedures Manual 13.45 13.16 13.47 F. Shooting of an animal as otherwise permitted by Department Policy and Procedures Manual. EMPLOYEE RESPONSIBILITIES Any officer who becomes involved in a reportable use of force incident or discharges a firearm or TASER, other than at an approved training exercise, shall: ‘A. Summon medical aid, as needed; B. Immediately notify a supervisor that they have been involved in a use of force incident; C. Report the full details of the use of force incident in the related Department incident report; D. Use a Department "memorandum" form to report the full details of the use of force incident when a crime or arrest report is not require the end of shift. F, When off duty, notify their immediate supervisor as soon as practical. “As soon as practical” is defined as soon as the incident has stabilized and safe to make command notifications. Waiting hours after the incident is not acceptable. REPORTING An officer incident report and the “Response to Resistance Report” will be submitted to the shift supervisor before the officer(s) involved ends their tour of duty whenever an officer: ‘A. Takes an action that results in, or is alleged to have resulted in injury or death to another person; B. Apy force through the use of lethal or less-than-lethal weapons; or C. Applies soft empty hand control techniques above or SUPERVISOR RESPONSIBILITIES ary handcuffing procedures. ‘The notified or designated supervisor shall: A. Confirm medical aid has been summoned, as needed. B. Respond to the scene, independently investigate the use of force, and make a report of the incident when: 1. Theuse of force results in serious physical injury or death or 2, subject complains that an injury has been inflicted. Page 762 of 1051 03/26/2020North Myrtle Beach Department of Public Safety Policy & Procedures Manual ‘The Patrol Lieutenant shall make Command notifications as soon as possible. D. Photographs shall be taken in all reportable use of force incidents that result in an injury, or a complaint of injury. Ifpracticable, photographs of the subject and the injury should be taken before and after the injury or wound is cleansed by medical personnel and before medical treatment, if any is necessary. Care should be taken to protect the subject's personal privacy interests, Any possible concerns should be discussed with a supervisor prior to taking the photographs. E. All photographs will be downloaded onto the server and removed for the camera or telephone used to record injuries. These photographs will only be viewed by personnel involved in or reviewing the case. F. A supervisor's investigative report shall be completed within twenty-four (24) hours of the incident or as soon as practical. The report shall include at a minimum, the following: 1, _A"Supervisor Investigative Report” form that shall be completed within twenty-four (24) hours and forwarded via the Chain of Command to the Chief of Police. 2. ‘The supervisor shall complete a separate "Supervisor Investigative Report” form for each subject upon whom force was used upon. Copy of the officer’s incident report and each officer's Response to Resistance Report completed by the officers. 4, Upon completion, the full report shall be forwarded through the chain of command to the Director of Public Safety. G i i ice Chief shall be notified im: in_cases tl i ri lity for treatment, 13.18 DEPARTMENT RESPONSE TO THE USE OF DEADLY FORCE ‘A. When an officer uses force that causes death or serious physical injury, the officer shall be placed on administrative leave until all investigative requirements are completed, and the Director of Public Safety authorizes the officer to return to a duty status. B. Depending on the circumstances, the Director of Public Safety may request the State Law Enforcement Division to conduct the criminal investigation. C. The Department will ensure that an administrative review and criminal investigation of the incident is completed, Page 763 of 1051 03/26/2020North Myrtle Beach Department of Public Safety Policy & Procedures Manual 13.49 13.20 D. The Solicitor’s Office will review the criminal investigation and determine if reasonable force was used or if criminal charges are warranted. POLICY AWARENESS AND TRAINING ‘A. Allemployees authorized to carry and utilize lethal and less-than-lethal weapons shall be instructed in the provisions of the Department policy concerning the use of force, and each employee shall be issued a copy of the Use of Force policy prior to being authorized to carry such weapons. B. The Department training division will ensure that each officer authorized to carry and use lethal and less-than-lethal weapons has documentation in their training file that indicates issuance of the policy and instruction have been provided regarding the Department's Use of Force policy. €. All officers must demonstrate their proficiency in the use of agency authorized lethal and less-than-lethal weapons before being permitted to carry and use such weapons. D. Annually, the Department's Training Division will conduct training on the Use of Force policy and document the training in the officers’ training file, REVIEW AND ANALYSIS ‘A. Response to Resistance Reports shall for forwarded through the chain of command for review. The Director will confirm or deny the need for further investigation or the possibility of disciplinary sanctions based upon the findings contained in the Supervisor Investigative Report. B. Annually, the Chief of Police shall prepare a report indicating the total number of reports filed as well as any possible patterns or trends that could indicate the need for additional training, equipment upgrades, and/or policy changes. Page 764 of 1051 03/26/2020