Brookline Police Department Outlines Use Of Force Policy

BROOKLINE, MA — Questions concerning police brutality following the death of George Floyd and the handling of protesters have pushed local protesters to ask for the city to route funds designated for the police department to other areas of community support, and prompted Brookline police to share how the department is doing when it comes to 8 Can't Wait policies within its Use of Force Policy, which was last updated in 2017.

"Thank you for those that have inquired about the 8CantWait policies that are put in place to help curtail and reduce police violence and Brookline Police Department's commitment to the 8CantWait Use of Force Policies," police posted to their social media earlier this month, ahead of similar announcements from Newton and Waltham.

An initiative of the Project Zero, an organization associated with Black Lives Matter, 8 Can't Wait is a national campaign urging law enforcement agencies to adopt eight policies limiting the use of force, including banning choke and strangle holds, requiring warnings before shootings, using de-escalation techniques and transparency through comprehensive reporting.

The campaign tracks every major city in the nation, taking note of the 8 Can't Wait guidelines their police departments have adopted. Other area police departments including Waltham, Somerville and Boston have also recently communicated steps they've taken to follow the policies. Cambridge also recently announced it is now specifically requiring officers to intervene in instances of excessive force.

The eight policies:

• Ban choke holds and strangle holds
• Require de-escalation
• Require warning before shooting
• Require exhausts all alternatives before shooting
• Duty to intervene
• Ban shooting at moving vehicles
• Require use of force continuum
• Require comprehensive reporting

Project Zero said research has shown police departments that adopt these eight policies could decrease police violence by 72 percent, but also called the policies "useful steps on the path towards a collective goal" to end police violence.

Brookline police officers are already largely following the recommendations, the department posted to social media earlier this month and encouraged residents to attend one of the department's Brookline Police Open houses when they get up and running again.

"These grant the public an opportunity to come to the Police Station, meet our officers and learn about such discussion matters mentioned," the statement reads.

The Brookline Police Department took some time to outline what they're doing:

1. De-escalation
Use of Force Policy – 30.3.1 (beginning on page 4 and implicitly throughout)
“Whenever reasonable according to Department policies and training, officers shall use de-escalation tactics to gain voluntary compliance and seek to avoid or minimize the use of physical force...”
2. Require Warning before Shooting
Use of Force Policy - 30.3.C.2 (page 5) and 30.3.8.G (page 9)
Page 5- “As an alternative and/or the precursor to the actual use of force, BPD officers shall consider verbally announcing their intent to use force, including displaying an authorized weapon as a threat of force, when reasonable under the circumstances…”
Page 9- “Officers encountering a situation where the use of deadly force is necessary shall, if circumstances and safety considerations allow, issue a verbal warning first…”
3. Exhaust All Alternatives before Shooting
Use of Force Policy -30.3 (discussed throughout the entire policy)
4. Duty to Intervene
Use of Force Policy- 30.3.10 (page 9-10) and 30.3.6.C (page 7)
Page 9- “DUTY TO INTERVENE: Sworn employees have an obligation to protect the public and other employees. If officers witness colleagues using excessive or unnecessary force, or anticipate a colleague is about to use excessive or unnecessary force in any situation, they are required to immediately take action to stop any use of excessive or unnecessary force…”
Page 7- “Under no circumstances shall an officer use or permit the use of excessive force. All sworn employees will intervene, if a reasonable opportunity exists, when they know or should know another employee is using unreasonable force…”
5. Ban Shooting at Moving Vehicles
Use of Force Policy- 30.3.8.E (page 8)
Page 8- “Officers shall not discharge their firearms at a moving or fleeing vehicle unless there is an imminent threat of death or serious injury to the officer or others. The moving vehicle itself shall not constitute the threatened use of deadly force…”
Also,
Motor Vehicle Pursuit Policy- 35.2.II.I (page 4)
Page 4- “Firearms shall not be discharged by any officer while driving or occupying a vehicle engaged in pursuit…”
6. Require Use of Force Continuum
Use of Force Policy- 30.3 (Pages 6 & 7 and implicit throughout.)
“Use of force options are described below in ascending order from the least severe to the most severe measures…”
7. Require Comprehensive Reporting
Use of Force Policy- 30.3.12 -16 (pages 10- 12)
Page 10- “DUTY TO REPORT USE OF WEAPONS OR THE APPLICATION OF PHYSICAL FORCE: A report shall be submitted by an officer forthwith, subject to any constitutional rights the officer may have, to the Chief of Police and their immediate supervisor…”
Also,
Investigatory Stop and Frisk and Threshold Inquiry Policy- 24.1.VI (page 7-8)
Page 7- “REPORT WRITING: In every case of investigatory stop (questioning, and/or frisk), the police officer involved shall make a computerized F.I. entry at a minimum, and/or a report if warranted by circumstances to include the identity of the person stopped and all important facts relative to the incident, even in cases where no weapon, contraband, or other evidence of crime was discovered or where the person was released after being questioned…”
8. Ban chokeholds and strangleholds
Regarding the lack of explicit prohibition of the use of "choke holds / strangleholds" in our policy:
The Brookline Police Department places the highest value on the life and safety of the public and our Officers. Our Critical Decision Making Model encapsulates our core principals, ethics, values, proportionality and the sanctity of human life. The Brookline Police Department spends a significant amount of time each year training our officers on the proper use of force. In doing so, we incorporate evidence based de-escalation which is now a key and integral part of all of our use of force trainings.
No policy can anticipate every situation that an Officer may encounter. The choke hold/ stranglehold is not a technique that is taught in Massachusetts Police Academies, nor is it taught to Brookline Police Officers. However, there may be a life or death situation where lethal force is needed to protect the public or the Officer. Our Officers are trained every year in use of force training. This training includes scenario-based training, safely taking persons into custody, positional asphyxia- a concern when anyone is handcuffed and on their stomachs, and many other preparations to help keep both our Public and Officers safe.