Use of Force

Policy:  Use of Force

Author: Chief Joseph M. Hallman

WILEAG Standard: 5.1.1, 5.1.2, 5.1.6, 5.1.7, 5.1.8, 5.1.11

Issue Date: August 2, 2011

Reviewed Date: March 20, 2026

Revised Date: March 20, 2026

 

Purpose:

The purpose of this policy is to provide University of Wisconsin-Platteville Police Officers with guidelines for the use of non-deadly and deadly force.  The use of force deserves serious consideration, and calls for the development of practical guidelines for police officers.  Policies regarding the reporting, review, analysis of use of force incidents can be found under the policy “Use of Force Reporting-Review-Analysis Policy”.

Policy:

This policy is not intended to limit the police officer’s ability to use force when and if the proper circumstances exist, provided officers act in good faith to achieve a law enforcement objective. (5.1.1) The police officer is expected to retain the right to defend him/herself or others with as much force as necessary to affect such defense.  It is intended that this policy will help protect police officers from possible criminal or civil charges stemming from misinterpretation of the laws covering the use of force.

It is the policy of the University of Wisconsin-Platteville Police Department that University Police Officers use only the absolute minimum force necessary to effectively bring an incident, including arrest, transporting prisoners, and preventing escape, under control, while protecting the lives of the police officer and others.  Excessive force shall never be used.

A law enforcement officer may use deadly force only as a last resort when the law enforcement officer reasonably believes that all other options have been exhausted or would be ineffective. A law enforcement officer may use deadly force only to stop behavior that has caused or imminently threatens to cause death or great bodily harm to the law enforcement officer or another person. If both practicable and feasible, law enforcement officer shall give a verbal warning before using deadly force. Wis. Stat §175.44(2)(c). (5.1.6.1) (5.1.7)

 

All sworn personnel will receive training on the policy and demonstrate their understanding of the policy before being authorized to carry any firearm. (5.1.6.2)

Definitions:

  1. Deadly Force: Any use of force that is reasonably likely to cause death or great bodily harm.
  2. Kinetic Energy Impact Projectiles – Those munitions that can be fired, launched or otherwise propelled for the purpose of encouraging compliance, overcoming resistance or preventing serious injury without posing a significant potential of causing death.  Examples of less lethal impact projectiles include beanbags, launchable wooden, foam or rubber batons, rubber pellets and other like items.  They are classified as flexible or non-flexible projectiles, and are intended to incapacitate a subject with a minimal potential for causing death or serious physical injury, when compared to conventional projectiles.  Also identified as less lethal impact munitions. 
  3. Less-Lethal Force Options: A measured application of force, intended to reduce the potential of causing death or serious physical injury to violent or non-compliant persons.
  4. Non-Deadly Force: Any use of force other than that which is considered deadly force.  This includes any physical effort used to control or restrain another, or to overcome resistance of another.
  5. Objectively Reasonable: This term means that, in determining the necessity for the

use of force and the appropriate level of force necessary, police officers shall

evaluate each situation as follows:

  1. When using force, a law enforcement officer is required to act in good faith to achieve a legitimate law enforcement objective. A law enforcement officer is authorized to use force that is objectively reasonable based on the totality of the circumstances, including:
    1. The severity of the alleged crime at issue.
    2. Whether the suspect poses an imminent threat to the safety of law enforcement officers or others.
    3. Whether the suspect is actively resisting or attempting to evade arrest by flight. Wis. Stat §175.44(2)(a). (5.1.1)
  1. The sanctity of human life: In serving the community, law enforcement officers shall make every effort to preserve and protect human life and the safety of all persons. Law enforcement officers shall also respect and uphold the dignity of all persons at all times in a nondiscriminatory manner. Wis. Stat §175.44(2)(a).

Procedures:

  1. Use of Deadly Force

Police Officers are authorized to use deadly force to:

  1. Protect the police officer and others from what is reasonably believed to be a threat of death or great bodily harm; and/or
  2. To prevent the escape of a fleeing violent felon whom the police officer has probable cause to believe will pose a significant threat of death or great bodily harm to the officer or others.  Where practicable prior to discharging a firearm, the police officer shall identify him/herself as a law enforcement officer and state his/her intent to shoot.   (5.1.7)
  3. The above section does not require that deadly force only be used as a last resort after all other methods, including a verbal request and the use of less than deadly force, have been tried and have not succeeded.  The policy above requires only that a police officer use reasonable alternatives, if such are available. 

For example, a police officer need not hesitate to employ deadly force against an individual who is shooting at the police officer or others.

However, the use of the firearm should be in such a manner as not to unreasonably endanger the lives of innocent bystanders or fellow officers.  The police officer is not required to seek alternatives to deadly force if the police officer or others are under immediate attack.

Besides firearms, many items such as a flashlight, police baton, and other instruments are considered lethal weapons when they are used in a lethal manner.  For example, the use of a police baton to subdue a suspect by striking the suspect on the arm is a non-lethal use of the instrument.  However, striking the suspect’s head or repeated blows to the internal organs could be construed as deadly force. 

  1. Deadly Force Restrictions
    1. A police officer shall never threaten to use deadly force unless he/she would be justified under this policy to, in fact, use such force.
    2. Weapons shall not be discharged at or from a moving vehicle, unless the police officer believes he/she or another person is in danger of death or great bodily harm and in doing so, it will not present an unreasonable risk to the officer or others. (5.1.8)
    3. A police officer may use deadly force to destroy an animal that represents a threat to public safety, or as a humanitarian measure where the animal is seriously injured and the police officer reasonably believes that deadly force can be used without harm to the officer or others.
    4. A police officer may draw his/her weapon when he/she has reasonable grounds to suspect that the use of deadly force will be necessary.  The police officer need not be under attack, but reasonably be apprehensive that the situation may lead to circumstances outlined in the Deadly Force section of this policy.
    5. Police officers shall not fire warning shots.
  2. Use of Non-Deadly Force
    1. Where deadly force is not authorized, police officers may use only the minimum amount of force that is objectively reasonable to bring an incident under control.
    2. Police officers are authorized to use department approved, non-deadly force techniques and issued equipment to:
      1. Protect the police officer or others from physical harm;
      2. Restrain or subdue a resistant individual;
      3. Bring an unlawful situation safely and effectively under control.
  3. When an individual offers only passive resistance to arrest, a police officer shall take such a person into custody and transport the individual with as much regard to the individual’s safety and welfare as reasonable, practical and possible. 
  4. Non-Deadly Force Restrictions: Under no circumstances may a police officer continue to use force, except mere physical restraint, against an individual who has ceased to resist, escape, or otherwise violate the law.  When it is objectively reasonable that a suspect is fully in law enforcement’s control, then the force must terminate. (5.1.2.2)
  5. Use of Department Approved Equipment

Upon proper and consistent training and/or certification, the following are UW-Platteville Police Department approved equipment.

  1. Less Lethal Impact Munitions
    1. Only personnel who have successfully completed an agency approved training course in the proper use and deployment of less lethal impact munitions shall be authorized to use them during actual operations.
    2. Less lethal extended range impact devices
      • There are many projectiles considered “less-lethal”.  The primary type used by the University of Wisconsin-Platteville Police Department is the flexible baton 12-gauge round.
    3. Safety
      • The department issued shotgun will be dedicated to kinetic energy impact projectiles, and the weapon will be designated by being marked with orange tape.  Only department approved kinetic energy impact projectiles shall be carried and deployed.  Officers will inspect the shotgun and projectiles at the beginning of each shift to ensure that the shotgun is in proper working order and the projectiles are of the approved type and are free from defect.  The officer is to ensure the total absence of any lethal ammunition.  When it is not deployed, the shotgun will be squad ready and properly stored in the squad car.
    4. Deployment
      • When deploying the kinetic energy projectile shotgun, the officer shall visually and physically inspect the chamber and magazine of the shotgun to ensure that conventional ammunition is not being loaded into the shotgun.  When possible, the two-person rule should be utilized for the loading of the kinetic energy projectile shotgun.  This is a safety measure in which a second officer watches the loading and unloading process to ensure that the weapon is only loaded with less lethal impact munitions.
      • A verbal warning of the intended use of the device should precede its application, unless it would otherwise endanger the safety of officers or when it is not practicable due to circumstances. 
      • The purpose of the warning is to give the suspect a reasonable opportunity to comply and to warn others that the device is being deployed.
      • Intentional impacts to the head, neck, and upper chest are considered an application of deadly force and are only authorized when deadly force requirements have been met.  Less lethal projectiles may unintentionally strike areas that are not identified as recommended as target areas due to the dynamics of the situation.  The use of an impact weapon when deployed to an area of the body that is considered unlikely to cause death or serious injury is considered an intermediate weapon.
      • Suspects struck by a less lethal projectile shall be examined by medical personnel as soon as practical.
  2. Police Baton

A police baton may be used by a police officer only when it is reasonably apparent a lesser degree of force would be inadequate to control the situation.

  1. A police officer shall not strike an individual above the shoulders, with any weapon unless such action would be justified under the use of deadly force.  This is intended to prohibit the intentional striking of an individual above the shoulders; it is not intended to apply to accidental striking as a result of resistance or other circumstances which could cause an accidental strike above the shoulders.
    1. Pepper Spray (OC)

The University of Wisconsin - Platteville Police has issued pepper spray (OC) to provide police officers with additional use of force option for gaining compliance of a resistant or aggressive individual in arrest and other enforcement situation.

  1. OC spray is considered a use of force and shall be employed in a manner consistent with the University Police Department’s use of force policy.
  2. Criteria for OC usage is:
    1. Verbal dialogue has failed to bring about the subject’s compliance.
    2. The subject has signaled his/her intention to actively resist the police officer’s effort to take the subject into custody.
    3. Whenever practical and reasonable, police officers should issue a verbal warning prior to using OC against an individual.
    4. Use of OC should be avoided, if possible, under
    5. conditions where it may affect innocent bystanders.
  3. Effects of OC and Officer Response
    1. Within several seconds of being sprayed by OC, a person will normally display symptoms of temporary blindness, have difficulty breathing, burning sensation in the throat, nausea, lung pain and/or impaired thought processes. 
    2. Effects of OC vary among individuals.  Therefore, all suspects shall be handcuffed as soon as possible after being sprayed.  Police officers should be prepared to employ other means to control the suspect, to include, if necessary, other force consistent with department policy.
    3. Immediately after spraying a suspect, the police officer shall be alert to any indications that the individual needs medical care.  This includes, but is not necessarily limited to, breathing difficulties, gagging, profuse sweating and loss of consciousness.  Upon observing these or other medical problems or if the suspect requests medical assistance, the police officer shall seek medical assistance for the suspect.  Assistance may include calling the ambulance, or simply transporting to Southwest Health Center.    All responders should be forewarned of the residue from the OC spray.
    4. Suspects that have been sprayed shall be continuously monitored and not left alone while in police custody.
    5. Police officers should provide assurance to the sprayed suspect that the effects are temporary and encourage the suspect to relax.
    6. Air will normally begin reducing the effects of OC spray within 15 minutes of exposure.  However, once the suspect has been restrained, the police officer shall assist the suspect by rinsing the exposed area with plenty of water or use of decontamination wipes.
    7. Assistance shall be offered to any individual who is accidentally exposed to OC spray and are feeling the effects.
  4. Reporting Requirements
    1. Accidental discharges as well as intentional uses of OC against an individual in an enforcement capacity shall be recorded in a detailed incident report, and submitted to the Chief of University Police as soon as possible.
    1. Electronic Control Device (ECD) – This Department recognizes the Taser X2 and X26P ECDs as one of the Department’s ECD less-lethal options.
      1. Only officers who have successfully completed this agency’s approved end-user course of instruction on the X2 and X26P ECD are authorized to use it in situations where its application is appropriate.
      2. Deployment
        • Officers may utilize the ECD to overcome active resistance or its threat in accordance with this agency’s end user training and the DAAT Curriculum.
        • Examples of situations in which the ECD may be used include, but are not limited to, the following:
          • Dealing with a mentally ill subject who is reasonably believed to be violent;
          • Armed subjects or those reasonably believed to be armed;
          • Violent persons under the influence of drugs/and or alcohol or reasonably believed to be under the influence;
          • Persons expressing the intent and having the means to commit suicide;
          • When deemed a reasonable alternative to lesser force options that will likely be ineffective or greater force options that may be inappropriate given objective circumstances;
          • When other force options have a greater propensity for causing injury and fewer propensities for control, given the fact situation in contrast to the ECD.
        • Mere passive resistance (e.g., displaying verbal aggression, refusal to comply with verbal commands, going limp, etc.) does not permit the use of an ECD without word and/or actions showing intent to actively resist or physically harm the officers, others or subject him/herself.
        • The ECD shall not be used under the following circumstances:
          •      When the operator cannot, for safety reasons, approach the subject within the effective range of the ECD or the intended target of the ECD is obstructed or impeded by other subjects or barriers.
          •      If a subject is covered with or in proximity to flammable liquids, gases, meth labs, blasting materials or any other highly combustible materials that may be ignited by use of the device including, but not limited to, any subject who may have been contaminated with combustible liquids.  Although testing has indicated that the ECD use does not ignite the carrier contained in department issued OC canisters, it is recommended that the ECD and OC not be used within close time proximity to each other.  If a subject has been exposed to OC, it is recommended that prior to the use of the ECD that time is allowed for the evaporation of the OC carrier. 
            1.   The ECD should not be used when assisting another agency or on mutual aid if that agency has used O.C. spray on the subject. This is due to the possibility that the outside agency may be using an O.C. product containing a flammable carrier, which the officer may not be aware of.
            2.   When it is reasonable to believe that incapacitation of the subject may result in great bodily harm or death.
            3.   In simultaneous use with another ECD (only one ECD may be used at one time on a subject).  If an ECD is deployed and its use is ineffective due to inadequate probe placement or other ECD failure, this section does not prohibit the deployment of an additional ECD by another officer.
            4.   In a punitive or coercive manner.
            5.   On a handcuffed / secured prisoner, absent overtly assaultive behavior that cannot be reasonably dealt with in any other less intrusive fashion.
          •      Except in circumstances where deadly force would be justified, officers should not use an ECD on the following subjects: (It is recognized that complete knowledge on the presence of these conditions among persons confronted by the police is normally not available, but if officers know of or suspect the presence of any of these conditions, as a precautionary measure, the ECD should not be used.)
            1.   persons in wheelchairs or in control of a vehicle;
            2.   visibly pregnant persons;
            3.   people with known heart problems;
            4.   people with an apparent debilitating illness or the very elderly;
            5.   individuals whose weight is estimated to be less than 80 lbs (due to their weight, this Department has set this limit to protect against any possible unexpected injuries);
            6.   individuals with known neuromuscular disorders such as muscular sclerosis, muscular dystrophy or epilepsy. 
            7.   person’s known to be wearing pacemakers or other biomedical devices sensitive to electrical current.  Due to these individuals’ conditions, this Department has created a higher standard to protect these individuals from injury. No medical information, to date, has substantiated an increased danger to these subjects if they are exposed to an ECD.
  • If time permits, an officer should advise the shift supervisor (and other officers/dispatchers who are working) that he/she intends to deploy an ECD when arriving at a call for service where appropriate conditions exist that the ECD may be needed/utilized.
  • In each instance where an ECD is deployed, the officer deploying should determine whether lethal cover is needed, but it is recommended to have lethal cover available whenever an ECD is deployed.
  1.   Lethal cover is required in all cases in which the subject possesses a firearm and/or an edged weapon.
  • Upon firing the ECD device, officers shall energize the subject the least number of times and no longer than necessary to accomplish the legitimate operational objective.  The subject should be secured as soon as practical while disabled by the ECD power to minimize the number of deployment cycles.
  • The ECD and the ECD cartridges shall be carried in their assigned and issued holsters until needed and not carried in pockets or in any fashion that could cause static electricity which may cause discharge and serious injury.
  • After care shall be done in accordance with this agency’s end user training and the DAAT curriculum.
    1. Dart removal –shall be done in accordance with this agency’s end user training and the DAAT curriculum. 
      • ECD darts that are removed from a subject shall be handled as biohazard and packaged according to trained procedures.
      • Any wound sites should be photographed if possible.  The exception would be if the wound sites are in a sensitive area, whereas a release of medical information should be sought to obtain a medical report reference the wounds.
    2. Documentation
      • When an ECD has been used against a person or animal, the user shall notify an on-duty supervisor and an Incident Report shall be completed, documenting the incident.
      • Any officers involved shall complete Incident Reports and the Sergeant or Chief shall be notified.
      • With the exception of training, all instances of ECD usage, including any accidental discharge, shall be reported on this agency’s Incident Report.  Additional details to be included in this report are:
        • which ECD was used;
        • the approximate distance the ECD was fired from the subject;
        • locations of impacts and whether the probes penetrated skin;
        • the number of cycles applied or estimated time ECD was allowed to cycle;
  1. Handcuffs
    1. All persons placed in protective custody or under arrest should be handcuffed during transportation and until they can be safely removed.  The use of handcuffs reduces the likelihood of a struggle and/or possible injury to the person being transported, the police officer or both.  The use of handcuffs shall not be viewed as an absolute provision of safety.  Officers shall continue to exercise all due care as to the safety and custody of any individual.
    2. Exception to Handcuffing Requirements:
      • Police officer discretion may be used in the following circumstances when deciding not to handcuff:
        • Persons arrested for minor offenses, who are transported from the scene, are not required to be handcuffed.
        • Persons who are temporarily incapacitated, such as a serious wound to lower arm, hands, etc., or a woman in advance stages of pregnancy.
        • Juveniles who are either very young, or whom the police officer has personal knowledge of, and as such, determines that the use of handcuffs is not an appropriate action.
        • Police officer experience, common sense and discretion shall be the major factor in determining the use of handcuffs.
    3. Handcuffing Procedure
      • Police Officers shall use department approved handcuffs only.
      • Handcuffs will be applied to the person’s wrists behind his/her back, whenever possible.
      • Handcuffs shall be double locked upon placement on the person in order to negate any attempted tampering by the person and to assure that accidental tightening of the cuffs cannot occur.
      • Handcuffs will not be closed so tightly as to cause pain, but it is expected that one may complain of discomfort.  All handcuffs shall be checked for adequate looseness prior to double locking. 
      • Handcuffs or any other restraining device will be removed as soon as it is safe to do so.  This procedure will not be affected should such removal be likely to result in physical harm to the person taken into custody, the police officer, or other persons.
      • Handcuffs will not be used when it appears likely that person’s wrists or hands are too small or for some other reason which would negate the restraining effects of the handcuffs.  Flex cuffs maybe used under these circumstances.
    4. Handcuffing Prisoners Being Transported (Reference Policy “Prisoner”
      • Prior to transporting a person in custody, the person shall be searched for weapons or contraband.
      • Prisoners will be handcuffed behind the back when possible. Handcuffs may be used in front of the body when using a transport belt.
      • The prisoner shall be placed in the rear of the police vehicle, with a seat belt secured about the prisoner.
      • When removing the prisoner from the vehicle, the immediate area of the police vehicle should be inspected as soon as practical for contraband or missing items.   
  1. Injured Prisoners
    1. An injured prisoner will be transported to the nearest medical facility for treatment.
    2. The prisoner is to remain handcuffed, unless the handcuffs interfere with medical treatment
    3. The police officer should remain with the prisoner at all times during medical treatment unless the injury or illness is so severe that escape is not medically possible. 
  2. Respiratory Restraints (5.1.2.1)
    1. The use of a respiratory restraint, also known as a choke hold, is limited to circumstances where deadly force is authorized and if applied, is subject to the same guidelines and requirements as a deadly force situation.
  3. De-Escalation (5.1.2.3)
    1. Officers shall use de-escalation techniques to prevent or reduce the need for force when the officer reasonably believes it is safe and feasible to do so based on the totality of the circumstances. This includes continually assessing the situation and modifying the use of force as circumstances change and in ways that are consistent with officer safety, including stopping the use of force when it is no longer necessary.
    2. Examples of de-escalation techniques include but are not limited to:
      1. Providing a warning and exercising persuasion and advice prior to the use of force.
      2. Determining whether the member may be able to stabilize the situation through the use of time, distance, or positioning to isolate and contain a subject.
      3. Requesting additional personnel to respond or make use of specialized units or equipment including crisis intervention-team trained officers, as necessary and appropriate.
  4. Training
    1. Training on this policy will be completed annually via a combination of training programs, which include but are not limited to New Officer Training, the Field Training Officer Program, Inservice Training, Shift Briefing Training, On-Site Training, Virtual Training, and/or Legal Update Newsletter. (5.1.11)
  5. Reporting Use of Force
    1. Refer to Policy “Use of Force Reporting-Review-Analysis Policy”
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