Use of Force Policy Review

To the Citizens and Guests of Jaffrey,

The Jaffrey Police Department recognizes and acknowledges the need to utilize industry “best practices” in delivering police services to our community.  We also recognize the need to be transparent and adjust our policies and procedures to align ourselves with current best practices and reasonable standards placed on us by our citizens.  The recent scrutiny of law enforcement organizations around the country surrounding “Use of Force” policy and procedures prompted me to review and evaluate the substance of our own General Orders.  I also reviewed “Social Justice” websites to understand current concerns and what these sites considered to be essential police policy reform. 

One popular website listed eight “Use of Force Changes” that they demanded of all police organizations.  I am pleased to report that the Jaffrey Police Department’s Use of Force Policy addresses all of those demands as I believe they are reasonable and appropriate.  In the interest of transparency, I would like to share some details.  Below is a list of those demands.  The subsequent bullet points quote or summarize relevant content in our policy:

Policy requiring use of force de-escalation

• “Officers shall attempt to de-escalate situations through verbal or non-verbal communication, prior to the use of force, when it is reasonable and practical to do so.” (JPD G.O.IV.26-Section V.E)
• “Use of physical or deadly force shall be discontinued when the threat or resistance ceases or when the incident is under control.” (JPD G.O.IV.26-Section V.G)

Policy requiring the incorporation of a “Use of Force Continuum”

• The Jaffrey Police Department utilizes a detailed Use of Force Continuum. (JPD G.O.IV.26-Section VIII)
• “In all cases, officers shall utilize only the level of force necessary to accomplish their lawful objectives.” (JPD G.O.IV.26-Section VIII.2)

Policy that bans Chokeholds and Strangleholds

• “Neck restraints are not authorized and can only be utilized based on exigency in lethal force encounters, when there is an absence of other acceptable alternatives.” (JPD G.O.IV.26-Section IX.C)
• “Officers shall not intentionally keep subjects in our custody in positions, or apply restraining force/pressure, that may hinder a person’s ability to breath or restrict blood flow.  Officers should take care to ensure detained subjects do not move themselves into positions that may induce medical emergencies such as ‘Positional Asphyxia’.” (JPD G.O.IV.26-Section IX.B)

Policy that requires warnings before shooting

• “A verbal warning/command shall be issued to gain compliance prior to the use of physical or deadly force when it is reasonable and practical to do so.” (JPD G.O.IV.26-Section V.F)

Policy that bans shooting at moving vehicles

• Prohibited tactics - “Firing at a moving or fleeing vehicle unless the officer or third party is currently being threatened by an occupant with deadly force by means other than the moving vehicle. If the vehicle itself is being used as the means of deadly force, officers are prohibited from firing at the vehicle unless the officer and/or third party is unable to move out of the path of the oncoming vehicle.” (JPD G.O.IV.26-Section XIV.A.3)

Policy requiring that all alternatives are exhausted before lethal force is utilized

• “Before resorting to deadly force, officers shall exhaust all other non-lethal force options, unless the exigency to protect the officer’s life or the life of another does not permit enough time, or it is determined that a lower level of force would not be effective, or such lower level of force has already been attempted and was found to be ineffective.” (JPD G.O.IV.26-Section V.C)

Policy requiring a duty to intervene if another officer is utilizing excessive force

• “An officer has a duty to intervene to prevent or stop the use of excessive force by another officer when it is safe and reasonable to do so.  In all such cases the intervening officer(s) shall immediately report the incident to a supervisor.” (JPD G.O.IV.26-Section V.J)

Policy requiring comprehensive reporting of all use of force encounters

• The Jaffrey Police Department has detailed Use of Force reporting requirements. (JPD G.O.IV.26-Section XVI)
• “All uses of force, and threatened use of force, shall be documented in either a log entry, and/or incident report, and/or arrest report depending on the circumstances.” (JPD G.O.IV.26-Section V.K)

As you can see from the above information, our policies and procedures are just one way in which the men and women of the Jaffrey Police Department are endeavoring to make our Vision Statement a reality.  It reads…

“The Jaffrey Police Department is amongst the most professional, credible, and respected law enforcement agencies in the region.  We provide outstanding police services in a manner that exhibits our core values of Honor, Integrity, Courage, and Respect.  We are progressive, innovative, and adaptable to the changing needs of our community.  We have collaborative working partnerships with our citizens and Town government that allow us to enhance public safety while fostering an environment of mutual respect, trust, and cooperation.”

As always, if you have any issues or concerns, feel free to reach out to me.  Please email me at tmuilenberg@townofjaffrey.com, call me at 603-532-7865, or stop by the station for a cup of coffee and a conversation. 

Respectfully,

Chief Todd Muilenberg