Police Department Policy

2.225 Use of Force

Florida City Police Department

Policy Text
FLORIDA CITY POLICE DEPARTMENT SECTION NUMBER : 2.225 SUBJECT: POLICY - USE OF FORCE EFFECTIVE DATE: AUGUST 31, 2020 2.225 USE OF DEADLY FORCE Officer will use deadly force only as a last resort and when the Officer has reasonable belief that deadly force action is required: 1. To prevent death or substantial harm to the officer or another person: Or 2 To prevent the escape or to affect the apprehension of a fleeing felon who would pose a real threat of death or substantial harm to the community or police officers; or 3. To affect the apprehension of a fleeing felon where the officer reasonably believes that the felon has just committed a felony resulting in death or substantial bodily harm. DEFINITIONS FELON - A suspect who the officer has probab le 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 year in the excess of one year in the State Penitentiary. DEADLY FORCE - Any force likely to cause death or gre at bodily harm. The firing of a firearm in the direction of a person is deadly force. LAST RESORT - All practical means available to the officer to avoid using deadly force have been exhausted. Depending on the use situation, these means may include verba l commands, foot pursuit, or using a lesser necessary force, when these means can be accomplished without endangering the officer or any other person. REASONABLE BELIEF - A state of mind supported by circumstances strong enough to warrant a cautious and p rudent officer to make a similar judgment . The elements of reasonable belief include the officer’s own experience and training, as well as the fact of the situation know to the officer at the time of the application of deadly force. SUBSTANTIAL HARM - Any injury likely to result in death, permanent disability disfigurement, considerable Note: A police officer should make every effort to not place himself in a position of danger when attempting to approach or pursue a motor vehicle and should avoid a situat ion in which the use of a motor vehicle would pose threat of death or substantial harm to the officer. 2,225.10 FIREARMS AND WEPAONS 2.225. 11 AUTHORIZED USE A member shall not thaw or display his firearm except for a legal use, or official inspection. A member should never draw or display his firearm unless he plans to and is ready to use it. A member may discharge his firearm in connection with the performance of his official police duty when all other means fail, for the following reason or circumsta nces, as authorized by law and rules and regulations: A member may discharge his firearm in connection with the performance of his official police duty when all other means fail, for the following reason or circumstances, as authorized by law and rules and regulations: a) At the pistol range for target practice or when authorized for training purpose. b) To kill a seriously wounded or dangerous animal, when other disposition is impractical, (only on authorization from a Superior Officer, if time permits.) c) To give an alarm or to call for assistance for an important purpose when no other means can be used. 2.225.12 UNAUTHORIZED USE a) Firing into the air or ground in an attempt to halt a fleeing criminal is dangerous to innocent persons and is a great personal and official risk to the officer. b) A me mber shall not fire upon, or as a wa rning to who has been ordered to halt because of mere suspicion and who, without making any resistance, simply runs away to avoid arrest. c) A member shall not dischar ge his revolver to effect an arrest or to stop the flight of a person who has committed a misdemeanor. d) If the misdemeanant becomes a dangerous assailant or if an attempt is made to rescue by violence any prisoner, even though charged with only a misdem eanor, the situation changes instantly. The officer must meet force with force and to use his revolver only as a last means of 2.225.13 REPORT OF USE A member who discharge their service weapon accidentally or unintentionally (except at firearms range) shall make a verbal report to his super visor as soon as circumstances will permit and shall complete an Use of Control Report and the supervisor will complete a Discharge of Firearm Report , describing the circumstance in detail under which the firearm was discharged. 2.225.14 LOADING, UNLOADING Members shall not clean, load or unload their firearms at any place in the police building except: a)When unloading and loading is ordered by a superior officer for inspection purposes. b)In the pistol range and then only when shooting under superior vision of a Superior Officer or training officer. 2.225.15 RECEIVING LOADED FIREARMS - EVIDENCE Upon receiving loaded firearms for any reason, a member of the Department shall immediately unload it. If the firearm i s to be used as evidence, great care should be taken to preserve fingerprints and the unloading done so as not to damage or contaminate the breech or the cartridge being unloaded. The firearm, if it is to be handled, it shall be handled by

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