Policy Text
2. The firing
of a firearm in the
direction of a vehicle
in
which a suspected
felon is riding.
B. Felon:
A suspect whom
the officer has
probable cause to
believe
has committed
or is committing
a crime that
is punishable
under Florida
State law by death
or imprisonment
in excess
of one (1)
year, in a state penitentiary.
C.
Use of Force
Force
is the striking of a
person by the use
of a club, fist, hand,
foot, baton
or other object;
or the application of
any kind of
hold or
grip that tends to render
a person unconscious
or
prevents or impedes
the normal flow
of blood or results
in the
breaking
of the skin,
swelling of the body
or any of the limbs.
D. Great
Bodily Harm:
A condition
which creates a substantial
risk of death
or serious
bodily injury or disfigurement,
or protracted
loss or impairment
of the function
of any bodily member
or organ.
E. Last Resort:
When
all practical means
available to the police
officer to
avoid using
deadly force have
been exhausted. Depending
on
the
situation, these means
may include verbal
commands, foot
pursuit, or using
a lesser necessary force,
when these means
can be accomplished
without endangering
the officer
or any
other person.
F. Non-Deadly
Force:
Force which is
not likely to cause death
or great bodily harm.
G.
Physical Force:
Force in excess of the
mere touching of
an individual. Pain
inflicting restraints
(submission holds),
used to overcome
resistance to arrest are
included in this definition.
H. Probable
Cause:
Facts and circumstances
which
would lead a reasonably
prudent
person to believe
that a crime has been
or is about to
be committed.
Reasonable
Belief:
A state of mind
supported by circumstances
strong
enough to warrant
a
cautious
and prudent
police officer to
make similar judgment.
The elements
of reasonable
belief
include
the officer’s
own experience
and training,
as well as the facts
of the situation
that are
known
to the officer at
the time the decision
to act is made.
97-3.1.4
USE OF
FORCE
A.
Members of
the Florida City
Police Department
may use force
in the performance
of their duties
in the following
circumstances:
1. To
prevent the commission
of a breach
of peace or
other unlawful act.
2. To prevent
a person from
injuring himself/herself.
3. To
effect the lawful arrest
of persons resisting
arrest or attempting
to flee
from
custody.
4. In self-defense,
or in the
defense of another
person.
B.
The following
factors may bear on
the officer’s decision
to use force:
1,
What actions on
the part of the suspect
justify the
use of force?
2. What
crime is being, or
has been committed?
3: Does the
situation require the
immediate use of
force?
97-3.1.5 REASONABLE
FORCE
A.
Police officers must
frequently employ
the use of force to
effect arrest and
ensure
the public safety.
It is not intended that
any suspect should
ever be allowed
to be the first to
exercise
force, thus gaining
an advantage in
a physical confrontation.
Nothing in
this order
should be interpreted
to mean
that an officer is required
to engage in
prolonged hand-to-hand
combat (with all
its risks), before resorting
to the use of
force that will more
quickly, humanely
and
safely bring an arrestee
under physical
control. Officers
may use appropriate
and reasonable
physical force
and need not
retreat or desist
when physical force
is necessary to
effect an arrest,
prevent an escape,
or overcome
resistance.
B.
_ Justification for
the use of force is limited
to what is reasonably
known by the
officer
at the time.