Policy Text
FLORIDA CITY POLICE DEPARTMENT INTER-OFFICE MEMORANDUM
SUBJECT: Use of Deadly Force EFFECTIVE DATE: April 20,2001
REVISION DATE: 01/07/2021
TO: All Personnel REFERENCE: Administrative Directive
08-03
From: Pedro Taylor Jr., Chief of Police
97-3.1
97-3-1.2USE OF DEADLY FORCE
PURPOSE: This administrative order is promulgated in order to
clearly regulate the use of force and the use of deadly force by the
officers of the Florida City Police Department.
This directive is for internal use only and construed as a creation of a
higher standard safety of care in an evidentiary sense, with respect to
third party claims.
POLICY: The Florida City Police Department places a greater
value on the preservation of life than on the protection of property.
Therefore in the best interest of the public, the Florida City Police
Department and the officers of the Florida City Police Department; the
administration finds it imperative that the use of deadly force by police
personnel shall be balanced by concern for the safety of the
community and our police officers within the constitution of due
process of law.
This Directive is based upon legal and moral precepts for police
officers to utilize deadly force only to protect society and themselves
from bodily harm. The policy of the Florida City police Department is
that officers will use deadly force only as a last resort and when the
police officer has reasonable belief that deadly force is required to
save his or her life or the life of others. In no case may an officer use a
firearm when it is clear the other means should be utilized to provide
safety for the officers or others.
DEFINITIONS
A. Deadly Force:
Force which is intended or likely to cause bodily harm of
which creates some degree of risk that a reasonable and
prudent person would consider likely to cause death or great
bodily harm. This includes, but is not limited to:
1. The firing of a firearm in the direction of a person.
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 areknown 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