555 CMR, § 6.04 - Use of Non-deadly Force
(1) A law
enforcement officer shall not use force upon another person, unless
de-escalation tactics have been attempted and failed or are not feasible based
on the totality of the circumstances and such force is necessary and
proportionate to:
(a) effect the lawful arrest
or detention of a person;
(b)
prevent the escape from custody;
(c) prevent imminent harm and the amount of
force used is proportionate to the threat of imminent harm, while protecting
the safety of the officer or others; or
(d) defend against an individual who
initiates force against an officer.
(2) A law enforcement officer shall use only
the amount of force necessary against an individual who is engaged in passive
resistance to effect the lawful arrest or detention of said individual and
shall use de-escalation tactics where feasible.
(3) Physically escorting or handcuffing an
individual with minimal or no resistance does not constitute a use of force for
purposes of 555 CMR 6.04. Use of force does include the pointing of a firearm,
ECW, CED or CW at an individual and the use of OC spray on an individual or
directed toward an individual.
(4)
Officers shall always provide appropriate medical response to individuals who
are exhibiting signs of or complaining of injury or illness following a
non-deadly use of force when safe and tactically feasible.
(5) All law enforcement officers shall be
properly trained and certified in the use of any less-lethal weapons before
being authorized to carry or use such force options.
(6) Except to temporarily gain, regain or
maintain control of an individual and apply restraints, a law enforcement
officer shall not intentionally sit, kneel, or stand on an individual's chest
or spine, and shall not force an individual to lie on their stomach. In no
event may a law enforcement officer intentionally sit, kneel, or stand on an
individual's neck or head.
(7) A
law enforcement officer shall not obstruct the airway or limit the breathing of
any individual, nor shall a law enforcement officer restrict oxygen or blood
flow to an individual's head or neck. An individual placed on their stomach
during restraint should be moved into a recovery position or seated position as
soon as practicable.
Notes
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