Introduction
Law enforcement officers are front-line soldiers of the law. The are constantly faced with critical situations. Immediate decisions and consequent actions must be proper to preserve the intergrity of law enforcement, the citizens of New York and the rights of the defendents. Law enforcement officers faced with violence, serious emergencies or erupting crimes must act at once and their judgment must be based on knowledge.
-- from the Preface
Inside the Guide:
PG 203-09
Public Contact:
(1) Courteously and clearly state your rank, name, shield number and command, or otherwise provide them, to anyone who requests you to do so. Allow the person ample time to note this information.
(2) Be courteous and respectful. | Read more »
PG 203-11
Use of Force:
All uniformed members of the service are responsible and accountable for the proper use of force under appropriate circumstances. | Read more »
PG 203-12
Deadly Physical Force:
The New York City Police Department recognizes the value of all human life and is committed to respecting the dignity of every individual. The primary duty of all members of the service is to preserve human life. | Read more »
PG 216-05
Mentally Ill Or Emotionally Disturbed Persons:
Purpose: To safeguard a mentally ill or emotionally disturbed person who does not voluntarily seek medical assistance. | Read more »
Excerpted from New York City Police Department Patrol Guide Manual, 2004 Edition. Gould Publications, 2003.
Use of Force
PG 203-11
Use of Force
All uniformed members of the service are responsible and accountable for the proper use of force under appropriate circumstances. Members of the service are reminded that the application of force must be consistent with existing law and with New York City Police Department Values, by which we pledge to value human life and respect the dignity of each individual. Depending upon the circumstances, both federal and state laws provide for criminal sanctions and civil liability against uniformed members of the service, when force is deemed excessive, wrongful or improperly applied.
The primary duty of all members of the service is to preserve human life. Only that amount of force necessary to overcome resistance will be used to effect an arrest or take a mentally ill or emotionally disturbed person into custody. Deadly physical force will be used ONLY as a last resort and consistent with Department policy and the law.
At the scene of a police incident, many members of the service may be present and some members may not be directly involved in taking police actions. However, this does not relieve any member present of the obligation to ensure that the requirements of the law and Department regulations are complied with. Members of the service are required to maintain control or intervene if the use of force against a subject clearly becomes excessive. Failure to do so may result in both criminal and civil liability. EXCESSIVE FORCE WILL NOT BE TOLERATED.
All members of the service at the scene of a police incident must:
(a) Immediately establish firearms control
(b) Use minimum necessary force
(c) Employ non-lethal alternatives, as appropriate.
Members of the New York City Police Department will NOT use chokeholds. A chokehold shall include, but is not limited to, any pressure to the throat or windpipe, which may prevent or hinder breathing or reduce intake of air.
Whenever it becomes necessary to take a violent or resisting subject into custody, responding officers should utilize appropriate tactics in a coordinated effort to overcome resistance (for example see PG 216-05, "Aided Cases-Mentally Ill or Emotionally Disturbed Persons"). The patrol supervisor, if present should direct and control all activity. Whenever possible, members should make every effort to avoid tactics, such as sitting or standing on a subject's chest, which may result in chest compression, thereby reducing the subject's ability to breathe.
Persons taken into custody (i.e., arrest, mentally ill, emotionally disturbed, etc.) shall be rear cuffed at the earliest opportunity to reduce the potential for resistance, which may cause injuries. In addition, alternate restraining devices (Velcro straps, mesh restraining blankets, etc.) shall be used, at the earliest opportunity, to restrain or further restrain a subject whose actions or behavior may cause injury to himself/herself or others.
After an individual has been controlled and placed under custodial restraint using handcuffs and other authorized methods, the person should be positioned so as to promote free breathing. The subject should not be maintained or transported in a face down position.
The member assuming custody of the subject should closely observe him or her for any apparent injuries. If the area is dark, a flashlight or other source of illumination should be used to maintain a clear view of the subject at all times.
If a person appears to be having difficulty breathing or is otherwise demonstrating life-threatening symptoms, medical assistance will be requested immediately. The patrol supervisor will direct that alternate means to maintain custody be utilized, if appropriate.
The use of restraints to "hog-tie" (restraining person by connecting or tying rear cuffed hands to cuffed or shackled ankles or legs) subjects and the transportation of subjects in a face down position within any vehicle are prohibited.
Deadly Physical Force
PG 203-12
Deadly Physical Force
The New York City Police Department recognizes the value of all human life and is committed to respecting the dignity of every individual. The primary duty of all members of the service is to preserve human life.
The most serious act in which a police officer can engage is the use of deadly force. The power to carry and use firearms in the course of public service is an awesome responsibility. Respect for human life requires that, in all cases, firearms be used as a last resort, and then only to protect life. Uniformed members of the service should use only the minimal amount of force necessary to protect human life. Where feasible, and consistent with personal safety, some warning, such as "POLICE -- DON'T MOVE," should be given. Deadly force is never justified in the defense of property. Above all, the safety of the public and uniformed members of the service must be the overriding concern whenever the use of firearms is considered.
Guidelines For The Use of Firearms
(a) Police officers shall not use deadly physical force against another person unless they have probable cause to believe they must protect themselves or another person from imminent death or serious physical injury.
(b) Police officers shall not discharge their weapons when doing so will unnecessarily endanger innocent persons.
(c) Police officers shall not discharge their firearms in defense of property.
(d) Police officers shall not discharge their firearms to subdue a fleeing felon who presents no threat of imminent death or serious physical injury to themselves or another person present.
(e) Police officers shall not fire warning shots.
(f) Police officers shall not discharge their firearms to summon assistance except in emergency situations when someone's personal safety is endangered and unless no other reasonable means is available.
(g) Police officers shall not discharge their firearms at or from a moving vehicle unless deadly physical force is being used against the police officer or another person present, by means other than a moving vehicle.
(h) Police officers shall not discharge their firearms at a dog or other animal except to protect themselves or another person from physical injury and there is no other reasonable means to eliminate the threat.(i) Police officers shall not, under any circumstances, cock a firearm. Firearms must be fired double action at all times
Mentally Ill or Emotionally Disturbed Persons
PG 216-05
Mentally Ill or Emotionally Disturbed Persons
Purpose:
To safeguard a mentally ill or emotionally disturbed person who does not voluntarily seek medical assistance.
Scope:
The primary duty of all members of the service is to preserve human life. The safety of ALL persons involved is paramount in cases involving emotionally disturbed persons. If such person is dangerous to himself or others, necessary force may be used to prevent serious physical injury or death. Physical force will be used ONLY to the extent necessary to restrain the subject until delivered to a hospital or detention facility. Deadly physical force will be used ONLY as a last resort to protect the life of the uniformed member of the service assigned or any other person present. If the emotionally disturbed person is armed or violent, no attempt will be made to take the EDP into custody without the specific direction of a supervisor unless there is an immediate threat of physical harm to the EDP or others are present. If an EDP is not immediately dangerous, the person should be contained until assistance arrives. If the EDP is unarmed, not violent and willing to leave voluntarily, uniformed member of the service may take such person into custody. When there is time to negotiate, all the time necessary to ensure the safety of all individuals will be used.
Definitions:
EMOTIONALLY DISTURBED PERSON (EDP) -- appears to be mentally ill or temporarily deranged and is conducting himself in a manner which a police officer reasonably believes is likely to result in serious injury to himself or others.
ZONE OF SAFETY -- The distance to be maintained between the EDP and the responding member(s) of the service. This distance should be greater than the effective range of the weapon (other than a firearm), and it may vary with each situation (e.g., type of weapon possessed, condition of EDP, surrounding area, etc.). A minimum distance of twenty (20) feet is recommended. An attempt will be made to maintain the "zone of safety" if the EDP does not remain stationary.
Procedure:
When a uniformed member of the service reasonably believes that a person who is apparently mentally ill or emotionally disturbed, must be taken into protective custody because the person is conducting himself in a manner likely to result in a serious injury to himself or others:
[For Uniformed Members of the Service]
(1) Upon arrival at scene, assess situation as to threat of immediate serious physical injury to EDP, other persons present or members of the service. Take cover, utilize protective shield if available and request additional personnel, if necessary.
(a) If emotionally disturbed person's actions constitute immediate threat of serious physical injury or death to himself or others:
-- Take reasonable measures to terminate or prevent such behavior. Deadly physical force will be used only as a last resort to protect the life of persons or officers present.Note: Damaging of property would not necessarily constitute an immediate threat of serious physical injury or death.
(b) If EDP is unarmed, not violent and is willing to leave voluntarily:
-- EDP may be taken into custody without the specific direction of a supervisor.
(c) In all other cases, if EDP's actions do not constitute an immediate threat of serious physical injury or death to himself or others:
-- Attempt to isolate and contain the EDP while maintaining a zone of safety until arrival of patrol supervisor and Emergency Service Unit personnel.
-- Do not attempt to take EDP into custody without the specific direction of a supervisor.
(2) Request ambulance, if one has not already been dispatched.
(a) Ascertain if patrol supervisor is responding, and if not; request response.
Note: Communications Section will automatically direct the patrol supervisor and Emergency Service Unit to respond to scene in such cases. Patrol supervisors' vehicles are equipped with non-lethal devices to assist in the containment and control of EDPs, and will be used at the supervisor's discretion, if necessary.
[For Patrol Supervisors]
(3) Establish police lines.
(4) Take EDP into custody if EDP is unarmed, not violent and willing to leave voluntarily.
(5) Verify that the Emergency Service Unit is responding, if required.
(a) Cancel response of Emergency Service Unit if services not required.
(6) Direct uniformed members of the service to take EDP into custody if unarmed, not violent, and willing to leave voluntarily.
(7) Establish firearms control.
(a) Direct members concerned not to use their firearms or use any other deadly physical force unless their lives or the life of another is in imminent danger.
(8) Deploy protective devices (shields, etc.).
(9) Comply with provisions of PG 212-38, "Hostage/Barricaded Person(s)," where appropriate.
(10) Establish police lines if not already done.
(11) Request response of hostage negotiation team and coordinator through Communications Section.
(12) Notify desk officer that hostage negotiation team and coordinator have been notified and request response of precinct commander/duty captain...