Section 4.3: Use of Force Continuum, De-escalation & Less-Lethal Options

Section 4.3: Use of Force Continuum, De-escalation, and Less-Lethal Options

De-escalation: Principles and Application

Modern policing standards, reinforced by Minnesota POST Board guidelines and legislative mandates, place a heavy emphasis on de-escalation. De-escalation refers to the use of verbal communication, tactical positioning, and other non-physical strategies to stabilize a critical situation, reduce the immediacy of a threat, and secure voluntary compliance. De-escalation is not merely a policy preference; it is a critical component of the "objective reasonableness" calculus. When an officer uses force without first attempting feasible de-escalation, that force may be deemed unreasonable.

Key De-escalation Techniques

• Time and Distance (Tactical Repositioning): Creating physical space between the officer and the suspect. By increasing distance, officers gain more time to assess, communicate, and react, which reduces the immediate pressure to use physical force.
• Active Listening: Using verbal and non-verbal cues to show the individual they are being heard. This involves paraphrasing their concerns, maintaining a calm tone, and asking open-ended questions.
• Voice Control and Body Language: Maintaining a slow, modulated voice and avoiding aggressive stances (e.g., hands on weapons or crossed arms) which can escalate a suspect's agitation.
• Slowing the Pace: Resisting the urge to resolve the situation immediately if there is no active threat of harm. This is particularly critical during mental health crises.

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The Use of Force Continuum

A use of force continuum is a conceptual model that illustrates the proportional escalation and de-escalation of force in response to a suspect's behavior. While officers are not legally required to step through every level of the continuum sequentially if a suspect suddenly presents an extreme threat, the continuum serves as a vital framework for understanding how force should correspond to resistance.

• Officer Presence: Professional appearance, uniform, and authoritative but non-threatening stance. This is the foundation of the continuum and can deter resistance before it begins.
• Verbal Direction: Directing the suspect through clear, concise instructions and warning of consequences. Commands should be direct but non-provocative.
• Soft Empty-Hand Control: Joint locks, pressure points, and escort holds to guide or physically redirect the suspect. Used to resolve passive resistance or low-level active resistance.
• Hard Empty-Hand Control: Punches, strikes, kicks, and takedowns. These are active countermeasures used to defend against physical assault or violent resistance.
• Less-Lethal Weapons: Intermediate tools used to gain compliance with a minimal risk of permanent injury or death when empty-hand controls are insufficient:
  1. Chemical Agents (OC Spray): An inflammatory agent causing involuntary eye closure, burning, and respiratory discomfort.
  2. Conducted Energy Weapons (CEWs/TASERs): Uses electrical currents to disrupt the body's voluntary muscle control, causing neuromuscular incapacitation.
  3. Impact Weapons (Batons/Kinetic Projectiles): Striking large muscle groups with expandable batons, or firing bean-bag rounds from specialized launchers.
• Deadly Force: Firearms, or any force that creates a substantial risk of death or great bodily harm.

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Critical Incident Management and Force Reporting

Any application of force is a critical event that triggers strict post-incident responsibilities. The legal and administrative integrity of a use-of-force incident relies heavily on immediate medical care and objective documentation.

Post-Incident Action Steps

• Secure the Scene and Suspect: Ensure the threat has been neutralized, handcuff the suspect, and search for weapons.
• Render Medical Aid: In accordance with the Minnesota statutory duty to render aid, officers must immediately assess the suspect for injuries, provide basic first aid, and summon emergency medical services (EMS) if the suspect is injured, complains of injury, or experienced a high-level force option (e.g., TASER deployment or chemical spray).
• Supervisor Notification: Officers must notify a supervisor immediately after any use of force.

Use of Force Reporting and Documentation

Officers must complete a detailed, factual use of force report. The report must be written using objective facts rather than subjective conclusions.

For example, instead of writing "the suspect was aggressive and I felt threatened," an officer must write: "The suspect clenched his fists, stepped within twelve inches of my face, and stated 'I am going to kill you.' I observed his chest breathing heavily and his muscles tensing."

Reports must document:

1. The initial reason for contact and dispatch details.
2. The suspect's specific physical actions, statements, and resistance.
3. The specific de-escalation techniques attempted.
4. The exact force options used and the duration of their use.
5. The physical injuries observed and the specific medical aid rendered.