Police Department Policy

Use Of Force Directive 08-03

Florida City Police Department

Policy Text
FLORIDA CITY POLICE DEPARTMENT ADMINISTRATIVE DIRECTIVE 08-03 Page 1 TITLE: Law Enforcement Role and Authority – Use of Force NUMBER: 08-03 EFFECTIVE: October 09 , 2015 REVISION DATE: March 25, 2024 STANDARDS: CFA 4.01M, 4.02M, 4.04M, 4.05M, 4.07M, 4.08M, 4.09M, 4.11M, 4.12M ____________________________________ PURPOSE: The purpose of this General Order / Policy is to establish procedures and ethical conduct guidelines for all officers involved in a use of force while performing their duties. SCOPE: All departmental personne l. POLICY: The Florida City Police Department places significantly greater value on the preservation of life than on the protection of property. It is the policy of Florida City Police Department that its officers shall use only the minimal force that is necessary to affect an arrest, apprehension, or physically control an unruly person. Deadly force will be used as a last resort only to protect life and to prevent death or great bodily harm to members of the community and to police officers. This policy i s based on professional, legal, and moral precepts by which police officers may utilize that force necessary to protect society and themselves from death or great bodily harm in accordance with U.S. and Florida Law 776.05 DEFINITIONS: AUTHORIZED FIREARM : Pistol, semiautomatic, shotgun, and/or carbine rifle, issued or approved by the department for use either on or off duty. As a condition of use the bearer must be able to prove proficiency in the use of the weapon. (See G. P. 08.03.9 for types and specifications) DEADLY FORCE (Police): Any use of force that is likely to cause death. DEADLY FORCE (Citizen): Any use of force that is likely to cause death or great bodily harm. GREAT BODILY HARM/SERIOUS PHYSICAL INJURY: Bodily injuries serious enough to either create a substantial risk of death; permanent disability/disfigurement; or long-term loss/impairment of the functioning of any bodily member or organ. IMMINENT DANGER: A situation that an officer perceives, by use of any of the officers’ senses, to present a menacing, perilous, threat of death or serious bodily injury. The perceived time of occurrence that the officer feels is so brief that he must act to protect himself or another from the threat. LAST RESORT: All practical means available to the officer to avoid using deadly force have been exhausted. This should include only those which would not substantially increase the risk of danger to the officer. LESS -THAN LETHA L FORCE: Any use of force used to require another person to comply with a lawful order and not expected to cause FLORIDA CITY POLICE DEPARTMENT ADMINISTRATIVE DIRECTIVE 08-03 Page 2 death or serious bodily injury. PROBABLE CAUSE: That set of facts or circumstance based on personal knowledge, observation or reliable informa tion that shows and would warrant an ordinary prudent person to believe that a particular person has, is threatening, or about to commit an unlawful act, and would cause a person of average caution to act in a similar manner under similar circumstances. REASONABLE BELIEF: The facts or circumstances the officer knows, or should know, are such as to cause an ordinary and prudent person to act or think in a similar way under similar circumstances. PROCEDURE: 08.03.1 Use of Necessary Force / Use of Force In accordance with U.S. and Florida law 776.05 officers will use only the force necessary to accomplish a lawful objective, and such force will cease when they accomplish this objective. The force may be as simple as taking control of the person by physicall y restraining his or her arm, or may escalate to the use of other compliance techniques or devices for controlling, including the last option, deadly force. Officers are not expected to engage in prolonged hand to hand combat before resorting to a higher l evel of force, if necessary, to control the situation. A. There are occasions in the course of police action, which demand that a law enforcement officer use non -negotiable coercive force to execute legal authority. The level of force applied by the office r must be proportionate to the level of resistance offered. Members shall demonstrate a good faith effort in administering that amount of force necessary to meet that specific resistance level. B. Any application of force may result in injury or complaint that unnecessary or excessive force was used. The amount of force administered by the member shall not shock the conscience of the community. If the person is injured, the extent of the injury shall be proportionate with the exhibited resistance level. Co urts have held that for use of force to be justified you must show: 1. Need for the application of force. 2. Relationship between the need and the amount of force used. 3. The extent of injury in relationship with the seriousness of the action. 4. That force was applied in good faith and not mal

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