Here is the Minneapolis Police Department’s policy on the use of force as applied to neck restraints (applicable emphasis added in RED):

5-311 USE OF NECK RESTRAINTS AND CHOKE HOLDS (10/16/02) (08/17/07) (10/01/10) (04/16/12) 


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)


A. The Conscious Neck Restraint may be used against a subject who is actively resisting. (04/16/12) 

B. 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.

C. Neck restraints shall not be used against subjects who are passively resisting as defined by policy. (04/16/12) 

D. 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.
So the MPD authorizes neck restraints. The only question is: Was Floyd actively or passively resisting? The policy defines that as well:

Active Resistance: 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. (10/01/10) (04/16/12)

Passive Resistance: 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. (10/01/10) (04/16/12)

Looking at the criminal complaint

Officers Kueng and Lane stood Mr. Floyd up and attempted to walk Mr. Floyd to their squad car (MPD 320)at 8:14 p.m. Mr. Floyd stiffened up, fell to the ground, and told the officers he was claustrophobic.MPD Officers Derek Chauvin (the defendant) and Tou Thoa then arrived in a separate squad car.
The officers made several attempts to get Mr. Floyd in the backseat of squad 320 from the driver’s side.Mr. Floyd did not voluntarily get in the car and struggled with the officers by intentionally falling down, saying he was not going in the car, and refusing to stand still. Mr. Floyd is over six feet tall and weighs more than 200 pounds.

While standing outside the car, Mr. Floyd began saying and repeating that he could not breathe. The defendant went to the passenger side and tried to get Mr. Floyd into the car from that side and Lane and Kueng assisted

I will leave that up to you to decide whether or not the above statement constitutes active or passive resistance. Either way, try to have an open mind and put yourself in the place of a jury. 

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1 Comment

Beans · June 1, 2020 at 7:17 pm

Yep. Neck restraints are one of the fall-out of the push-strikes of Rodney King. Because, as we saw with Mr. King, push strikes don't work on a large, angry giant on drugs.

And regarding Mr. Floyd, if he hadn't resisted, if he had just gotten into the car, he would most likely be alive today.

The only thing Mr. Floyd forgot to do while resisting was to shout "I'm not resisting, I'm not resisting!"

As to the "I can't breathe," well, if you can't breathe you can't talk. And funny, if you can talk but are short of breath, one of the easiest ways to recover is to… stop talking and stop resisting.

Bah. This is clearly an organized attack in order to get rid of Trump and elect more democratic and leftist overlords to finish our poor country off. Bah. Humbug. Pox on all their houses.

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