1931RESOLUTION NO. ~93I
A RESOLUTION APPROVING REVISIONS TO THE USE OF FORCE
POLICY FOR THE WEST MEMPHIS POLICE DEPARTMENT, AND FOR
OTHER PURPOSES.
WHEREAS, the West Memphis Police Commission has considered and recommended
certain revisions to Chapter 7, Section 1, Use of Force, of the Policy and Procedures Manual for
the West Memphis Police Department and a copy of the proposed revised Chapter 7, Section 1, is
attached hereto and incorporated herein by reference; and
WHEREAS, the City Council finds that Chapter 7, Section 1, of the Policy and Procedures
Manual for the West Memphis Police Department should be revised in accordance with the
recommendation of the Police Commission;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF WEST MEMPHIS, ARKANSAS, THAT:
SECTION 1. The recommendation of the Police Commission is hereby approved and
Chapter 7, Section 1, of the Policy and Procedures Manual of the West Memphis Police
Department is hereby amended in accordance with the attached Chapter 7, Section 1, Use of Force.
SECTION 2. All resolutions or parts of resolutions in conflict herewith are hereby
repealed to the extent of any such conflict.
ADOPTED this .S day of Il~~veM~ ~ , 2009.
~~ ~~~~~
WILLIAM H. JOHNSON, MAYOR
ATTEST:
RECEIVED
PHILL ,CITY CLERK City' Clel'IC'S Office
Date/Time ~ o o a , - : 3Q ~-
WEST MEMPHIS POLICE DEPARTMENT
POLICY AND PROCEDURES
xeading Use of Force
Chapter Seven Effective Da#e 11/15/07
Section One Issued Date 11/29/07
Number of pages FOUr Revision
Approval West Memphis City
Council
Approved Da#e
11/15/07
PURPOSE
The purpose of this order is to establish procedures controlling suspects by the use of
force during an arrest.
USE OF FORCE CONTINUUM
The Use of Force Continuum is considered a step process in a series of control
techniques that officers have at their disposal to bring a suspect under control. The
Use of Force Continuum shall not restrict an officer's ability and means to bring a
suspect under control, to protect themselves or a third party as it relates to their
perception of the immediate situation. However, a certain and specific level of control
or technique should be used with the minimum amount of force necessary.
The escalation to a certain "step" in the continuum will be measured by the
officer's perception as to what is happening at that moment in a use of force situation.
(ie: escalating from the step of "Physical Presence" straight to "Deadly Force" when a
deadly threat is present.)
Less lethal options, as outlined in the West Memphis Police Department "Less
Lethal Options" policy (Chapter 7- Section 3), will fall into the 4th step (Hands Free
Control), 5th step (Hands-on Techniques), and 6th step (Impact Weapons) depending
on which option is utilized.
There is no requirement or constitutional duty that police officers use all
feasible alternatives to avoid a situation or to use non-deadly or less lethal
alternatives first where deadly force can be justifiably used. (Plakas v. Drinski, U.S.
Supreme Court)
WEST MEMPHIS POLICE DEPARTMENT
POLICY AND PROCEDURES
Use Of Force Continuum
Deadly Force
Impact Weapons
Hands On Control
Hands Free Control
Verbal Command
Verbal Warning
Physical Presence
1: Physical Presence: The mere presence of an officer at a scene that will bring a situation
under control or deter a situation altogether.
2: Verbal Warning: A spoken or issued warning of actions, by the officer, that will be
undertaken, against a suspect, in the event ofnon-compliance. (ie: "Step back or you will
be arrested.")
3: Verbal Command: An order given to a suspect to comply with commands of an officer.
Verbal Commands maybe given after warnings or immediately upon arriving at a scene or
situation. (ie: "You're under arrest, place your hands behind your back.")
4: Hands Free Control: Control devices/ techniques that, when used on a suspect, should
incapacitate the suspect for a period of time. Hands free control techniques are intended
solely as control measures that should normally be used after a verbal command and before
hands-on in the use of force continuum when active or passive resistance is encountered.
This in no way restricts the immediate escalation from a lower step in the continuum to the
"Hands Free Control" or higher step if justified and warranted for safety. The use of hands
free control techniques maybe used in controlling prisoners already in custody from
assaults or injuries against officers or third parties or from an attempt at escaping from
custody.
A. The carrying of chemical weapons will be mandatory for all Police Officers
assigned to the Patrol Division and in uniform. Officers will be trained and
certified by Department chemical weapons instructors and issued department
approved OC spray. Other chemical weapons such as tear gas, CN, CS, or OC
grenades, projectiles, or sprays are restricted to only Special Response Team
personnel certified in their use.
WEST MEMPHIS POLICE DEPARTMENT
POLICY AND PROCEDURES
B. By the timely and appropriate use of hands free control, injuries to both
officers and suspects are greatly reduced and escalated use of force can be
avoided. (ie: When a suspect is told he/she is under arrest and complies with
further verbal direction, there is no need to escalate the use of hands free control.)
However, if by word or action the suspect shows no intention of compliance, the
use of hands free control is the next logical and expected step. This should, in
most cases, eliminate the need for actual hands-on active countermeasures and the
possibility of officer/suspect injury.
D. After being exposed, the suspect should be incapacitated for a minimum amount
of time. All suspects exposed with a chemical weapon will be decontaminated at
the Detention Facility by the recommended method of decontamination.
Facility personnel shall be notified that a suspect has been exposed to a
chemical weapon.
E. The use of Hands Free Control is intended solely as a control measure to
enable the officer to carry out his/her duties in the safest, most efficient and
professional manner with the least chance of injury or harm to either the officer or
suspect. Hands free control measures are NOT under ANY circumstances, to be
used as "punishment" or as a coercive tool once an individual is under control
and/or in custody. ANY MISUSE OF HANDS FREE CONTROL WILL NOT
BE TOLERATED AND CORRECTIVE ACTION WILL BE TAKEN IN ALL
CASES OF SUBSTANTIATED MISUSE.
5: Hands-On Control: Direct contact techniques used by officers to bring a suspect under
control by utilizing various holds, pain compliance, kicks/hand strikes, or physical
restraints. (I.e.: lateral vascular restraints, arm bar takedowns, body blocks, etc) This
should normally be used prior to Impact Weapons and after Hands Free Control. This in no
way restricts the immediate escalation from a lower step in the continuum to the "Hands-
On Techniques" or higher step if justified and warranted for safety.
6: Impact Weapons: Any device or weapon system that is used in direct contact with the
suspect with blunt force to bring the suspect under control. Impact weapons should not
normally include head strikes unless deadly force is authorized and/or needed. Impact
weapons should normally be used after hands-on and before deadly force. This in no way
restricts the immediate escalation from a lower step in the continuum to the "Impact
Weapons" or higher step if justified and warranted for safety.
A. Any suspect who has been struck with any impact weapon will be evaluated to
determine if injuries are present. If injuries are present, the suspect will be
evaluated by medical personnel and treated and/ or transported to a medical
facility if necessary.
WEST MEMPHIS POLICE DEPARTMENT
POLICY AND PROCEDURES
B. Officers who carry expandable, straight, or side handle batons must be certified
on the baton they wish to carry. The Chief of Police must approve all baton
systems before being carried.
C. The carrying of the Taser will be authorized for Police Officers trained and
certified by Taser instructors.
D. If the Taser was used against a suspect in a vital area (Identified by Taser
International: Eyes, Neck, Face, Groin, Female Breasts or Upper Chest Area)
medical personnel should be utilized in removing the probes from the suspect if
they have penetrated the skin surface. If, at the time of deployment, the officer
determines that the suspect should be quickly removed from the scene, he/she
may either take the suspect away and have the probes removed by medical
personnel or remove them himself. All Taser probes retrieved from suspects
will be taken and entered into evidence along with the spent cartridge. If the
probes have penetrated the skin surface of a suspect (not a clothing contact), the
evidence will be marked as a "bio-hazard" and treated as such.
7: Deady: Physical force that under the circumstances in which it is used is readily
capable of causing death or serious physical injury (5-2-601 (5)). This is the last resort and
only used when an officer perceives the threat of death or serious bodily injury is present
and imminent against himself or third party. This in no way restricts the immediate
escalation from a lower step in the continuum to the "Deadly Force" step if justified and
warranted for safety. All officers will adhere to the West Memphis Police Department
"Deadly Force" policy.
REPORTING
A. A supervisor shall be immediately notified in all cases regarding the use of force
beyond the step of "Verbal Commands". If at all possible, a supervisor should
make the scene. The supervisor will review all cases regarding the use of force. The
using officer will be required to fill out a Use of Force Report and turn it in to
his/her supervisor. The supervisor will review the matter and note his findings on
the Use of Force Report. The original Use of Force Report will be forwarded to the
Records Division to be forwarded to the Chief of Police and the Training Division
for review. If it appears the action was not appropriate, the supervisor shall submit
concerns in writing to the Chief of Police for investigation.
B. Officers must indicate what type of force and how much force was used and
articulate specifically the amount of resistance encountered by the suspect. The
officer must also indicate if a certain step in the continuum was bypassed and for
what purpose. Officers should indicate, in the Use of Force report, where on the
suspect a strike, hit, shove, kick, Taser probe hit, etc. was administered.
C. When an officer is the victim of an attack, which results in personal injury, or
damage to police equipment, the Commanding Officer should ensure that
photographs of the injured officers and/or the equipment are taken. This includes
the officers damaged or torn clothing, equipment, eye glasses, etc.
SPONSORED BY:
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