Reasonableness — A legal standard used to evaluate an officer’s actions based on the totality of the circumstances from the perspective of a reasonable officer. Could another reasonable officer, given the same circumstances, have come to the same conclusion and taken the same actions? 

Serious Physical Injury — A physical injury that creates a substantial risk of death or that causes serious permanent disfigurement, coma, and/or a permanent or protracted condition that results in extreme pain, loss or impairment of the function of a part of the body, or that results in prolonged hospitalization. 

Deadly Force — Any force which by its nature or application can be reasonably anticipated to result in serious physical injury or death. 

After exhausting reasonable attempts to gain voluntary compliance, when it is objectively reasonable under the circumstances, and in accordance with North Carolina General Statute 15A-401(d), officers of the Hillsborough Police Department are: 

• Authorized to use force upon another person when and to the extent they believe it is reasonably necessary: 
  • To effect the arrest or prevent the escape from custody of a person the officer reasonably believes has committed a criminal offense, unless the officer knows the arrest is unauthorized. 
  • To defend the officer or a third party from what the officer reasonably believes to be the use or imminent use of physical force while effecting or attempting to effect an arrest or while preventing or attempting to prevent an escape. 

• Authorized to use deadly physical force upon another person only when that force is, or appears to be, reasonably necessary to the officer: 
  • To defend the officer or a third party from what the officer reasonably believes to be the use or imminent use of deadly physical force. 
  • To effect the arrest or prevent the escape from custody of a person who the officer reasonably believes is attempting to escape by means of a deadly weapon or who, by the person's conduct or any other means, indicates an imminent threat of death or serious physical injury to others unless apprehended without delay. 

• Forbidden from using deadly force to prevent the escape of a person from custody imposed upon the person as a result of conviction for a felony as provided by North Carolina General Statute 15A-401(d)(2)(c), unless one of the elements described in the second legal authority section above is present. 

Resistance is:

• Unwillingness of a citizen to follow lawful directions and cooperate with an officer’s lawful performance of duties. The unwillingness is immediately apparent or reasonably anticipated by the officer based on training and experience. 
• Actions that constitute an assault or put an officer in fear for the officer's safety. 

Resistance can start with questioning and passive behaviors and progress through assaultive behaviors to the use of deadly force. For this policy, resistance is classified generally in the following continuum: 

1. Passive Resistance — Passive resistance includes verbal and non-verbal noncompliance, refusal to follow directions, questioning behaviors that delay an officer in conducting their duties, and physically passive refusal to move or follow instructions. 
2. Active Resistance — Active resistance includes fleeing and physical resistance to escape or prevent an officer’s attempts to conduct his/her lawful duties. Examples would include twisting, pulling or pushing away from an officer attempting to apply handcuffs. 
3. Assaultive Behaviors —Physical resistance includes pushing, physical strikes, throwing items at an officer, or other contact that could be classified as an assault under North Carolina law and/or reasonably appears to have been intended to cause the officer harm.  
4. Serious Bodily Harm and Deadly Force — These are serious assaultive behaviors that could reasonably be anticipated to result in death or serious injury to an officer or a third party. 

The appropriate point for an officer to move from attempting to gain voluntary compliance to the lawful application of force to resolve a situation will vary based on the facts and circumstances of the resistance that an officer is facing. As a general guide, an officer may appropriately begin to apply the Use of Force Continuum due to: 

1. Threatened Security of Other People and Property — Others are in imminent jeopardy or property under the officer's control is threatened. 
2. Attack on the Officer — An officer is assaulted or believes that an assault or attack is imminent or that the officer's safety is in danger. 
3. Flight — A subject unlawfully flees or, in the officer’s opinion, is preparing to unlawfully flee an officer’s presence. 
4. Excessive Repetition — The officer sees no voluntary compliance is forthcoming and has exhausted all reasonable verbal options. 

Note: The choice of force must always be reasonable and proportionate to the danger or situation that the officer is facing. For example, the amount of force that is reasonable to protect property is less than what might be reasonable in response to a dangerous threat. 

Officers must continually assess the situation and escalate or deescalate their use of force based on the circumstances they are facing. The level of resistance being faced and the safety of the officer and subject should considered when selecting a use of force option. 

Force options exist in a continuum. The available options often overlap, and multiple techniques may be used in response to resistance exhibited by a suspect. Every situation can be unique. 

• Verbal Commands — During any encounter, unless an imminent or immediate threat makes it impractical to do so, some form of verbal commands or directions shall be given to a citizen who is exhibiting resistance. 
• Soft Hand Guidance — This is physically touching a subject to provide guidance, hold in place, apply handcuffs or search. As a matter of safety, soft hand guidance is reasonably anticipated to occur in any detention situation, regardless of how compliant a subject is. 
• Physical Intervention and Compliance — This is contact intended to force compliance. The choice of technique or tool shall be made based on the resistance being faced and intended to minimize the possibility of serious injury to the officer or the citizen. 
• Control Techniques — This is pulling, pushing or dragging a citizen, taking a citizen to the ground, using pressure points, arm bars or other control tactics. 
• Less Lethal — This refers to conducted energy weapons (Taser) or aerosol spray. 
• Hard Hands — This refers to physical strikes with a closed fist or some other part of the body that could be reasonably anticipated to cause and injury. 
• Impact Weapons — This refers to baton or other device (such as a radio or flashlight) used to strike a subject. 
• Deadly Force — This refers to a firearm and/or any use of force option or tool that is intended or can reasonably be anticipated to cause death or serious bodily injury through its use. 

Officers must choose the most appropriate level of force based on the situation they are facing and their training and experience. The force option selected must be reasonable, appropriate and proportional to the level of resistance an officer is encountering or reasonably believes imminent. The graphic is a guide to help officers understand the selection of the appropriate level of force in response to resistance and aggression. 

• During the course of their duties, officers may face situations that require the display of a level of force when confronted by an unknown potential threat even when a direct observable threat may not be present. These preventative displays of force are permitted to allow an officer to quickly respond to a situation that could conceal hidden dangers. Examples of these situations include: 
  • Search of a building after a break-in is discovered. 
  • Search of woods or a structure for a suspect who is fleeing or hiding. 
  • High-risk vehicle stop. 
  • End of a foot or vehicle pursuit when the suspect has stopped fleeing.

• Officers who utilize a preventative display of force shall deescalate that level of force as soon as they can reasonably determine a scene or situation is safe or as soon as the person receiving the display is no longer a threat appropriate for the level of force. 

• A preventative display of force will be reported and investigated as a use of force incident. Situations where only a preventative display of force is present will be recorded as a preventative display, not a use of force. A record of preventative displays will be maintained as part of the Personnel Early Warning System and reviewed any time the system is triggered. 

• To reduce the risk of unintentional injury, use of a conducted energy weapon should be avoided on the following groups of people unless urgent circumstances exist: 
  • People believed to be 65 years of age or older. 
  • Women reasonably believed to be pregnant. 
  • Visibly frail people. 
  • Any person in control of a vehicle that is in gear or in motion. 
  • Any person’s head, neck or genitalia. 
  • Any person in a position that creates the likelihood of significant additional injury other than those effects reasonably anticipated due to the use of the conducted energy weapon. 

• A conducted energy weapon will not be used under the following circumstances: 
  • On a person actively being sprayed with any aerosol weapon. 
  • In proximity to any known flammable or highly combustible substances that may be ignited by the conducted energy weapon, to include any person who has been exposed to known flammable or highly combustible substances such as gasoline. 

• Removal of conducted energy weapon probes in non-sensitive areas may be done by officers according to probe-removal training guidelines. Officers, or other trained personnel, will provide first aid following the removal of the probes as needed. 

• Medical personnel (such as Emergency Medical Services) shall be used to:
  • Remove probes in sensitive areas.
  • Remove probes that have broken off and are imbedded under the skin.
  • In any situation where officers on the scene believe the use of medical personnel is appropriate.

• To reduce the risk of unintentional injury, the use of an aerosol spray should be avoided on the following groups of people unless urgent circumstances exist: 
  • People believed to be 65 years of age or older. 
  • Any person in control of a vehicle that is in gear or in motion. 
  • Any person in a position that creates the likelihood of significant additional injury other than those effects reasonably anticipated due to the use of the aerosol spray. 

• Once a subject has been sprayed and subdued and the scene is safe, officers shall monitor the person’s breathing and consciousness. As soon as reasonable, officers shall decontaminate the effected prisoner by flushing the exposed area with fresh water and then exposing the area to fresh air.

• Emergency Medical Services shall be contacted if the subject who has been sprayed: 
  • Appears to be taking an excessive amount of time to recover. 
  • Exhibits any signs of respiratory or other distress. 
  • Complains of a preexisting respiratory condition. 
  • Was wearing contact lenses and/or complains of having a preexisting eye injury or condition. 
  • Requests medical treatment. 

• Conducted energy weapons and aerosol sprays shall only be used in situations where the subject poses an immediate and continuing danger or to stop the flight of a subject trying to avoid arrest and presenting a risk to the safety of the community or others if not immediately apprehended. The officer must be reasonably able to articulate the risk of safety. Non-compliance and non-violent physical resistance do not necessarily create an immediate and continuing danger. Conducted energy weapons and aerosol sprays shall not be used on a subject who physically resists in a non-violent manner, unless the situation is such that an officer could reasonably conclude that the resistance presents some immediate danger, despite the subject’s non-violent character.  

• Warning shots may be not fired in any situation. 

• Firing at or from moving vehicles is prohibited except where the officer reasonably believes that an imminent threat of death or serious physical injury exists to the officer or a third person if the officer does not fire and that such action is the only reasonable means of protecting the officer or third person. 

• Choke holds and similar techniques that restrict a person’s ability to breathe or that interrupt the flow of blood to the brain are prohibited unless deadly force is authorized.

• Head blows with impact weapon — The use by an officer of a baton or other impact weapon to strike an intentional blow to a person's head is prohibited unless deadly force is authorized. 

• Handcuffed suspects — Officers may not physically strike a handcuffed, in-custody suspect unless that suspect is combative and there is no available alternative to control the suspect. A Taser or pepper spray may be used on a handcuffed subject only in extreme circumstances in which the subject is displaying assaultive behaviors and attempting to physically restrain the suspect will likely result in a physical injury to the officer. 

• Display and brandishment — Except for general maintenance, storage, inspection or authorized training, officers shall not draw, point or exhibit their firearm, conducted energy weapon (Taser), aerosol spray (pepper spray) or other weapon unless circumstances create reasonable cause to believe it may be necessary to use the weapon in conformance with the law and departmental policy. 

• Weapons and devices permitted — Officers may carry and use only those weapons and control devices that have been issued by the Hillsborough Police Department or that have been specifically authorized in accordance with departmental directives. 

• Unconventional methods — When officer reasonably believes they are being overpowered and/or that serious physical injury or death are imminent, the officers may use any methods — regardless of how unconventional — to protect their life. 

After any use of force situation has stabilized, the first and foremost duty of every officer is to assess those involved for injuries and seek any medical intervention needed. Emergency Medical Services shall be contacted any time a subject: 

• Has a visible injury. 
• Is complaining of an injury or medical condition, such as chest pains or difficulty breathing. 
• Has had a conducted energy weapon (Taser) or pepper spray applied and the circumstances described in the Less-Lethal Provisions exist of the person being in control of a vehicle in gear or motion or being in a position that creates the likelihood of significant additional injury other than those effects reasonably anticipated due to the use of the aerosol spray. 
• Has been struck with an impact weapon or object that could reasonably be expected to have caused and injury. 
• Has had any force that could be classified as deadly force applied. 

Not every incident of physical contact or resistance encountered by officers during the course of their duties will require reporting under this policy. Situations resolved through an officer’s presence, commands and the soft-hand guidance required to effect an arrest are generally considered non-reportable unless they meet the reporting requirements below. 

Reporting is required any time officers in the course of their duties: 

• Use force beyond the level of soft-hand guidance. 
• Use force and an injury is sustained or alleged. 
• Deploy a police canine in an attempt to actively apprehend a suspect (not merely track). 
• Display and threaten the use of a Taser, pepper spray, impact weapon or firearm. This includes a preventative display of force as described in Section G (Preventative Display of Force). Threatened use is defined as pointing or displaying the weapon or tool in a way that a reasonable person could believe its use may be imminent. 
• Discharge their duty firearm, regardless of intent or their duty status. The exception is for approved and appropriate firearms training and range activities. 

When reporting is required: 

• The primarily involved officer (officer who encountered resistance and/or displayed or used force) shall complete an incident report in the records management software system describing the details of the total incident. The Use of Force box shall be checked in addition to any other appropriate offense codes.  
• Primarily involved officers shall complete a response to resistance report (Form HPD-501a) and turn it in to their immediate supervisor. 
• Any other officers who were involved or witnessed the incident must include supplemental narratives in the incident report. 
• The incident report and the response to resistance report shall be completed as soon as practical but must be turned in prior to officers going off-duty for that day. If the primarily involved officer is unable to complete the reporting responsibilities, the on-duty supervisor will complete these reports on the officer’s behalf. 

Incidents that do not meet the reporting requirements are considered nonreportable and require no special notifications or procedures and shall not be documented or investigated as a use of force. 

• Anytime a reportable use of force occurs, the on-duty supervisor will conduct a review of the incident and forward all the documentation and their findings to the commander by the end of the supervisor’s duty day unless otherwise directed by that commander or a higher authority. 
• The supervisor’s actions, conclusions and findings shall be documented in a memorandum to the supervisor’s commander. At minimum, the supervisor’s review shall include: 
  • The reviewer’s own observations and information collected at the incident scene including any statements from witnesses or others involved. 
  • A visual inspection of the suspect and officers for injuries. 
  • An interview with the involved officers. 
  • A review of all written documentation. 
  • A review of any audio or video recordings available.  
• The supervisor shall immediately contact and notify the commander if the supervisor finds at any time during the incident or the review that there may be a policy violation, material inconsistency or excessive use of force. Another member of the command staff shall be notified if the commander is unavailable. 

• The division commander will conduct a review of the incident to ensure a complete and accurate picture of the incident has been established. The division commander will submit findings and all the documentation of the incident to the chief of police for final review. 
• The division commander’s review shall include:
  • Reviewing all written documentation.
  • Collecting and reviewing any video or audio recordings of the event. 
  • Conducting additional and follow-up interviews as needed. 
  • Providing a review of the officer’s past performance to ensure no trends exist that would activate the Personnel Early Warning System. 
• The commander’s actions, conclusions and findings shall be documented in a memorandum to the chief of police. The commander’s review must be completed and the entire use of force file submitted to the police chief: 
  • Within five working days from the date of the incident for any incident that does not involved a significant injury. 
  • Within 48 hours from the occurrence of the incident if it involves a significant injury. 

The police chief may grant additional time based on a written request from the division commander. 

The on-duty patrol supervisor shall respond directly to the incident location and: 

• Ensure the scene is safe and threats have been eliminated. 
• Ensure any needed medical aid is being provided. 
• Notify command staff personnel. 
• Secure the scene and post officers to provide perimeter security pending the arrival of higher command authorities.   

Witnesses should be identified and detained for questioning by the assigned investigators. 

The police chief shall request that the State Bureau of Investigation conduct an independent criminal investigation of any incident involving the use of deadly force by a department member that results in death or serious physical injury to any person. The bureau’s role is to obtain all the facts for the district attorney to make a determination as to any criminal liability on the part of the involved law enforcement officers.  

The State Bureau of Investigation has established procedures for investigation of such incidents to help ensure the public’s confidence in an investigation’s objectivity and integrity. Procedures to be expected include: 

• A team of bureau agents will immediately respond to handle the initial aspects of the investigation and assume overall responsibility for conducting the investigation. Initial aspects of the investigation include crime scene processing and interviewing of witnesses.) 

• The Police Department will turn over all aspects of the criminal investigation to the bureau.  

• The Police Department, as standard practice, will release the name of the involved officers to the news media and confirm that the State Bureau of Investigation has been asked to investigate the matter. 

• Involved officers interviewed by the bureau will be advised that the investigation is criminal in nature and of their constitutional rights. Unless an officer specifically requests an attorney and/or someone else to be present during the interview, no one other than bureau personnel will participate in the interview. 

• Upon completing the investigation, the State Bureau of Investigation will submit a written report to the district attorney for review and a decision on whether further investigation or prosecution is warranted. Officers should remain aware that submission of the bureau’s final report to the district attorney might be delayed pending receipt of laboratory reports and/or medical examiner findings. 

Officers are authorized to use force when it is reasonably necessary to end a badly injured animal’s suffering. Using force to destroy an animal is not considered a use of force for reporting and tracking purposes. Officers are required to complete an incident report only in this instance. 

If officers are required to use force to defend themselves or another person against an immediate threat of significant physical injury from an animal, then all use of force procedures and processes from this general order apply. 

• Before destroying an animal, officers must notify their supervisor of the situation and their intentions. 

• No weapon shall be fired to destroy any wild or domestic animal unless the weapon can be fired safely with respect to human life and other property. Following destruction, the officer will be responsible for arranging the removal or other appropriate handling of the animal before leaving the scene. 

• Before destroying a badly injured domestic animal, the officer shall make reasonable efforts to notify the animal’s owner and/or any appropriate agencies or authorities to involve more knowledgeable persons in the decision. Appropriate agencies include Animal Control, the Humane Society or a nearby veterinary office. If no suitable alternative to destruction is identified, the officer may proceed with destroying animal upon supervisory approval. 

All Hillsborough officers will receive training on and access to the use of force policy upon joining the Police Department. All personnel will be advised of any changes in the policy, and additional training will be provided as necessary due to changes. 

All Hillsborough officers shall train annually on responding to resistance and on use of force topics to include: 

• A review of the current policy, recent incidents and case law. 
• A discussion about the responsibility inherent in the ability to use force. 
• Conflict resolution, de-escalation and verbal judo concepts. 
• Application of skills in scenario-based training. 

In addition, individual squads will be required to conduct quarterly squad-level training to reinforce proper responses and good habits. Whenever possible, training will be based on recent events and real-world examples. 

Use of force files will be maintained for five years from the date of the force incident. After five years, use of force files will be purged unless the files have become the subject of civil or criminal litigation. 

The police chief’s office will track all use of force incidents and conduct an annual analysis of such incidents to identify patterns or trends that may indicate training needs and/or policy modifications.