The video is unquestionably horrific.
Let’s be clear: the ACTIONS of Chauvin and the other officers were absolutely wrong in my opinion from a NYPD Police Academy training point of view , majority of Police departments in the US.
In this report, Minneapolis Police Department (MPD) Policy:
⁃
5-300 Use of Force
5-301 PURPOSE
(10/16/02) (08/17/07) (07/28/16)
⁃
5-311 USE OF NECK RESTRAINTS AND CHOKE HOLDS (10/16/02) (08/17/07) (10/01/10) (04/16/12)
DEFINITIONS I.
http://www.ci.minneapolis.mn.us/police/policy/mpdpolicy_5-300_5-300
Rather than indicating illegal and excessive force, they instead show an officer who rigidly followed the procedures deemed appropriate by the Minneapolis Police Department (MPD).
An act that would normally be considered a clear and heinous abuse of force, such as a knee-to-neck restraint on a suspect suffering from pulmonary distress, can be legitimatized if there are overriding concerns not known to bystanders but known to the officers. The spot light may be focused on the MPD more than Officers involved in A possible Trail.
The evidence points to the MPD and the local political establishment, rather than the individual officer, as ultimately responsible for George Floyd’s death.
The Minneapolis Police Department (MPD) allows the use of neck restraint on suspects who actively resist arrest, and according to MPD officers involved George Floyd actively resisted arrest on two occasions, including immediately prior to neck restraint being used.
The officers were recorded on their body cams assessing George Floyd as suffering from “excited delirium syndrome” (ExDS), a condition which the MPD considers an extreme threat to both the officers and the suspect. A white paper used by the MPD acknowledges that ExDS suspects may die irrespective of force involved. The officers’ response to this situation was in line with MPD guidelines for ExDS.
Restraining the suspect on his or her abdomen (prone restraint) is a common tactic in ExDS situations, and the white paper used by the MPD instructs the officers to control the suspect until paramedics arrive.
Floyd’s autopsy revealed a potentially lethal concoction of drugs — not just a potentially lethal dose of fentanyl, but also methamphetamine. Together with his history of drug abuse and two serious heart conditions, Floyd’s condition was exceptionally and unusually fragile.
1.
Chauvin’s neck restraint is unlikely to have exerted a dangerous amount of force to Floyd’s neck. Floyd is shown on video able to lift his head and neck, and a robust study on double-knee restraints showed a median force exertion of approximately approximately 105lbs.
While the officers may still be found guilty of manslaughter, the probability of a guilty verdict for the murder charge is low, and the public should be aware of this well in advance of the verdict.
The Minneapolis Police Department policy authorizes neck restraint for actively resisting suspects
The Minneapolis Police Department (MPD) recognizes two types of resistance to arrest. There is active resistance, defined as follows:
a response to police efforts to bring a person into custody or control for detainment or arrest. A subject engages in active resistance when engaging in physical actions (or verbal behavior reflecting an intention) to make it more difficult for officers to achieve actual physical control.
And passive resistance, defined as follows:
a response to police efforts to bring a person into custody or control for detainment or arrest. This is behavior initiated by a subject, when the subject does not comply with verbal or physical control efforts, yet the subject does not attempt to defeat an officer’s control efforts.
Passive resistance is when a suspect is non-compliant in an arrest, but will not act to stop an officer from enacting an arrest. Imagine a child in a supermarket who has a meltdown and drops to the floor — this is passive resistance, as guardian can easily pick up the child. Now imagine a child who not only drops to the floor but pulls against their guardian. This is active resistance.
The MPD allows the use of force in action resistance. Relevantly, the MPD allows neck restraint. It is defined as:
Non-deadly force option. Defined as compressing one or both sides of a person’s neck with an arm or leg, without applying direct pressure to the trachea or airway (front of the neck). Only sworn employees who have received training from the MPD Training Unit are authorized to use neck restraints.
There are two types of neck restraint. What we are interested is in conscious neck restraint, defined as:
The subject is placed in a neck restraint with intent to control, and not to render the subject unconscious, by only applying light to moderate pressure.
The Conscious Neck Restraint may be used against a subject who is actively resisting.
Home > Police Department > Policy & Procedure Manual
5-300 Use of Force
5-301 PURPOSE (10/16/02) (08/17/07) (07/28/16)
A. Sanctity of life and the protection of the public shall be the cornerstones of the MPD’s use of force policy.
B. The purpose of this chapter is to provide all sworn MPD employees with clear and consistent policies and procedures regarding the use of force while engaged in the discharge of their official duties. (Note: MPD Training Unit Lesson Plans – Use of Force, are used as a reference throughout this chapter.
5-311 USE OF NECK RESTRAINTS AND CHOKE HOLDS (10/16/02) (08/17/07) (10/01/10) (04/16/12)
DEFINITIONS I.
Choke Hold: Deadly force option. Defined as applying direct pressure on a person’s trachea or airway (front of the neck), blocking or obstructing the airway (04/16/12)
Neck Restraint: Non-deadly force option. Defined as compressing one or both sides of a person’s neck with an arm or leg, without applying direct pressure to the trachea or airway (front of the neck). Only sworn employees who have received training from the MPD Training Unit are authorized to use neck restraints. The MPD authorizes two types of neck restraints: Conscious Neck Restraint and Unconscious Neck Restraint. (04/16/12)
Conscious Neck Restraint: The subject is placed in a neck restraint with intent to control, and not to render the subject unconscious, by only applying light to moderate pressure. (04/16/12)
Unconscious Neck Restraint: The subject is placed in a neck restraint with the intention of rendering the person unconscious by applying adequate pressure. (04/16/12)
PROCEDURES/REGULATIONS II.
•
The Conscious Neck Restraint may be used against a subject who is actively resisting. (04/16/12)
•
The Unconscious Neck Restraint shall only be applied in the following circumstances: (04/16/12)
1.
On a subject who is exhibiting active aggression, or;
2.
For life saving purposes, or;
3.
On a subject who is exhibiting active resistance in order to gain control of the subject; and if lesser attempts at control have been or would likely be ineffective.
•
Neck restraints shall not be used against subjects who are passively resisting as defined by policy. (04/16/12)
•
After Care Guidelines (04/16/12)
1.
After a neck restraint or choke hold has been used on a subject, sworn MPD employees shall keep them under close observation until they are released to medical or other law enforcement personnel.
2.
An officer who has used a neck restraint or choke hold shall inform individuals accepting custody of the subject, that the technique was used on the subject.
5-305 AUTHORIZED USE OF DEADLY FORCE (08/17/07) (08/18/17)
A. Statutory Authorization
Minn. Stat. §609.066 sub. 2 – “The use of deadly force by a peace officer in the line of duty is justified only when necessary:
· To protect the peace officer or another from apparent death or great bodily harm;
· To effect the arrest or capture, or prevent the escape, of a person whom the peace officer knows or has reasonable grounds to believe has committed or attempted to commit a felony involving the use or threatened use of deadly force, or;
· To effect the arrest or capture, or prevent the escape, of a person who the officer knows or has reasonable grounds to believe has committed or attempted to commit a felony if the officer reasonably believes that the person will cause death or great bodily harm if the person’s apprehension is delayed.”
B. United States Supreme Court: Tennessee v. Garner
In addition to Minn. Stat. §609.066, MPD policies shall utilize the United States Supreme Court decision in Tennessee v. Garner as a guideline for the use of deadly force.
The Tennessee v. Garner case references that:
“Apprehension by the use of deadly force is a seizure subject to the Fourth Amendment’s reasonableness requirement.”
“The use of deadly force to prevent the escape of all felony suspects, whatever the circumstances, is constitutionally unreasonable.”
C. Sworn MPD employees shall recognize that:
· The use of a firearm, vehicle, less-lethal or non-lethal weapon, or other improvised weapon may constitute the use of deadly force.
· This policy does not prevent a sworn employee from drawing a firearm, or being prepared to use a firearm in threatening situations.
D. For the safety of the public, warning shots shall not be fired.
The Hennepin County Court approved a proposed court order Monday that requires the Minneapolis Police Department to implement immediate structural changes to protect local communities following the death of George Floyd.
While we should pursue justice for George Floyd, we should be absolutely sure that we are pursuing justice against his real killers. A careful examination of the evidence points to the procedures and rules of the MPD, rather than the police officers following these procedures and rules, as the real killers of George Floyd. If anyone murdered George Floyd, it was the MPD and the local political establishment. This is why Attorney General Keith Ellison has expressed how difficult a conviction will be.
“Trying this case will not be an easy thing. Winning a conviction will be hard,” Ellison said.
