EPPD Directive 8.01: Use of Force, section III. I.1.a. states:

“Except in cases where deadly force is authorized as articulated in MN STAT. 609.066 to protect the peace officer or another from death or great bodily harm, officers are prohibited from using

a. Choke holds”

The EPPD has had a Crisis Intervention Team since 2011 (now called the Mental Health Unit).

The members of this team have been specially trained in crisis intervention techniques to use with people in mental crisis. Members of the team follow up on every call the department receives where a person is in crisis and speak with the person involved or a family member to make sure they’re getting the help they need.

Starting in 2014 the department began sending all police officers to a 40-hour Crisis Intervention Training course. This course is a combination of lecture and scenario-based training that uses professional actors to portray people in mental crisis. The goal of the course is to teach officers communication skills that will help them reduce the need to respond to resistance with physical force. An 8-hour refresher course is required every three years for all officers.

All Eden Prairie 911 Dispatchers receive active-listening training which can assist in de-escalating crisis situations prior to officers’ arrival on the scene.

De-escalation training is integrated into the department’s firearms and use-of-force programs. In addition, training is provided on implicit bias, officer wellness, domestic abuse advocacy, peer support, suicide awareness, autism awareness and Parkinson’s Awareness.

Directive 8.01: Use of Force, section III.D. and E. state:

D. De-escalation

1. An officer shall use de-escalation techniques and other alternatives to higher levels of force consistent with their training whenever possible and appropriate before resorting to force and to reduce the need for force.
2. Whenever possible and when such delay will not compromise the safety of another or the officer and will not result in the destruction of evidence, escape of a suspect, or commission of a crime, an officer shall allow an individual time and opportunity to submit to verbal commands before force is used.

E. Use of Other Than Deadly Force

1. When de-escalation techniques are not effective or appropriate, an officer may consider the use of other than deadly force to control a non-compliant or actively resistant individual. An officer is authorized to use department-approved other than deadly force techniques and issued equipment in the following circumstances:

a. effecting a lawful arrest; or
b. the execution of legal process; or
c. enforcing an order of the court; or
d. executing any other duty imposed upon the public officer by law; or
e. defense of self or another.

Directive 8.01: Use of Force, III.J.3. states:

“Where feasible, the officer shall identify themselves as a law enforcement officer and warn of his or her intent to use deadly force.”

Directive 8.01: Use of Force, section III.D. states:

“An officer shall use de-escalation techniques and other alternatives to higher levels of force consistent with their training whenever possible and appropriate before resorting to force and to reduce the need for force.”

Directive 8.01: Use of Force, section III.J.4 states:

“In cases where deadly force is authorized, less than lethal measures must be considered first by the officer.”

Directive 8.01: Use of Force, III.D. and E. state:

D. Duty to Intercede

Regardless of tenure or rank, an officer must intercede when:

i. present and observing another officer using force in violation of section 609.066, subdivision 2, or otherwise beyond that which is objectively reasonable under the circumstances; and
ii. physically or verbally able to do so.

E. Duty to Report

An officer who observes another officer use force that exceeds the degree of force permitted by law has the duty to report the incident in writing within 24 hours to the chief law enforcement officer of the agency that employs the reporting officer.

In addition, Directive 3.02: Personal Conduct, II. B. 2. (5) and (6) states:

(5) Peace officers must obey lawful orders, but must refuse to obey any orders the officer knows would require the officer to commit an illegal act. If in doubt as to the clarity of an order, the officer shall, if feasible, request the issuing officer to clarify the order. An officer refusing to obey an order shall be required to justify his or her actions.

(6) Peace officers learning of conduct or observing conduct which is in violation of any law or policy of this Department shall take necessary action and report the incident to the officer's immediate supervisor, who shall forward the information to the chief law enforcement officer. If the misconduct is committed by the officer's immediate supervisor, the officer shall report the incident to the immediate supervisor's supervisor.

Directive 8.04, Pursuit Driving, F.8. states:

“Sworn personnel shall not discharge a firearm at a moving vehicle except as outlined below:

a. Firing to disable a vehicle may be done only when deadly force is justified.
b. The following factors, if appropriate, should be considered in discharging a firearm at a moving vehicle: ricochet, danger of a vehicle going out of control, safety of other persons, and site location.

When shooting from a moving vehicle, officers should strongly consider that a moving vehicle is an unstable platform from which to shoot.”

Directive 8.01: Use of Force, III.G. explains levels of control:

1. Officer presence
2. Verbal direction
3. Soft empty-hand control
4. Conducted Electrical Weapon (Taser)
5. Chemical Agents
6. Hard Empty Hand Control
7. Impact Weapon Control (baton, flashlight, less lethal and specialty impact munitions)

Directive 8.01: Use of Force III.M. states:

a. The Police Chief shall maintain records of the department’s compliance with use of force training requirements
b. State Reporting: The Police Chief (in accordance with Minnesota Statute 626.553, subdivision 2), shall submit a Firearms Discharge Report to the Minnesota Department of Public Safety Office of Information Systems Management whenever an officer discharges a firearm in the course of duty other than for training purposes or animal control. The report must be filed within 30 days of the incident and shall include the reasons and circumstances surrounding the discharge.
c. If a discharge of firearms occurs outside the above listed guidelines, the officer must immediately contact the on-duty supervisor and explain the circumstances surrounding the incident. An Incident Report will be generated and follow up will be done by the Training Unit Supervisor or the Criminal Investigations Sergeant.
d. Whenever a police contact results in the use of force:

i. The department member involved shall complete an offense/incident report titling the report appropriately for the offense or incident. Include in the narrative portion of all reports a description of the force used, which department member applied the force, circumstances, weapons, extent of injuries to any parties involved, charges, and other relevant factors including resistance given by the suspect.
ii. Other department members who participate in the use of force shall complete a supplemental report detailing their involvement.
iii. The duty sergeant will be responsible for reviewing any reports that involve use of force. A report addendum will be completed for the following uses of force: Hobble, Taser, Chemical Agent, Hard Hand Techniques, Impact Weapon, K9 bite, Deadly force. The report addendum will be forwarded to the Police Chief’s administrative assistant to be entered into the Use of Force tracking database. The Training Sergeant will review all reports in which a UOF Addendum was completed. The Training Sergeant will report to the Support Lieutenant if there are any UOF issues, training considerations or patterns that need to be addressed.