Policy Text
\n\n--- Page 1 ---\n\nFORT MYERS POLICE DEPARTMENT
GENERAL ORDER 6.1
TITLE: Use of Force & Response to Resistance
INDEXING: Deadly Force, Non-Deadly Force, Situational Response Model, Special Considerations,
Behavioral Cues, U.O.F. Reporting, Restraints, Shoot Team
ISSUED: 09/01/95 REVISED: 01/12/2026 RESCINDS: 02/10/2025
C.A.L.E.A. STANDARDS: 4, 11, 33, 70, 71 PAGES: 25
CONTENTS
This general order contains the following numbered sections:
I. Definitions VIII. Situational Response Model
II. Legalities IX. Anatomical / Baton / Taser Charts
III. Less Lethal Weapons X. Handcuffs / Restraints
IV. Rendering Medical Aid XI. Use of Force Reporting
V. Proficiency Demonstration XII. Relief from Duty / Counseling
VI. Force Factors & Special Considerations XIII. Shooting Response/In-Custody Death
VII. Subject Behavioral Cues & Officer
Response Options
PURPOSE
The purpose of this general order is to provide members of this agency with guidelines for the use of deadly
and non-deadly force, and for the use of approved weapons and ammunition.
SCOPE
These procedures shall apply to all Fort Myers Police Department personnel.
SECTION I: DEFINITIONS
A. Non-Deadly Force: A quality or quantity of force, which is neither likely nor intended to cause
death. Non-deadly force includes any physical effort used to control or restrain another or to
overcome the resistance of another.
B. Deadly Force: A quality or quantity of force that is reasonably likely to cause death or serious
physical injury. The term “Deadly Force” does not include the discharge of a firearm that is loaded
with “less lethal munitions” by a law enforcement officer during or within the scope of his or her
official duties. As used in this subsection, the term “less lethal munitions” refers to chemical
munitions (and less lethal “ammunition”) (Sec III E) and extended range impact devices (Sec III
F). As used in this subsection, the term “less lethal weapons” refers to those weapons described
and set out in Section III E (below). (CALEA 4.1.2)
C. Serious Physical Injury: Serious physical injury includes, but is not limited to, harm to the body,
which involves a risk of death, serious permanent disfigurement, loss of or impairment of a bodily
function or bodily organ.
D. Objectively Reasonable: This term means that in determining the necessity for force and the
appropriate level of force, Officers shall evaluate each situation in light of the totality of facts and
G.O. 6.1 Use of Force & Response to Resistance 1 of 25 01/12/2026\n\n--- Page 2 ---\n\ncircumstances confronting them, and (in each instance) judged from the perspective of a
reasonable officer confronted with the same or similar circumstances, rather than with the 20/20
vision of hindsight. (CALEA 4.1.1)
E. Show of Force: The agency acknowledges that officers, in an effort to de-escalate resistance
presented by a subject, may use a show of force to bring an incident under control. A show of
force is defined as the use of the “arc” display on the CEW to gain control of a situation. Simply
drawing the CEW from its holster would not constitute a show of force. A show of force will be
documented in Blue Team. (CALEA 4.1.1)
F. Reasonable Belief: A state of mind supported by circumstances strong enough to warrant a
cautious and prudent officer to make a similar judgment. The elements of reasonable belief
include the Officer's own experience and training, as well as the facts of the situation known to
the Officer at the time force was used.
G. Imminent Danger: Means that an action is near at hand and pending. Imminent does not mean
“immediate” or “instantaneous”. Thus, a subject may pose an imminent danger even if he is not
at that very moment pointing a weapon at the Officer.
H. Threat: Capability to do harm joined by hostile intent.
I. Probable Cause: A law enforcement officer has probable cause to arrest a suspect if the facts
and circumstances within the Officer's knowledge, of which he or she has reasonably trustworthy
information, would cause a prudent person to believe under the circumstances shown, that the
suspect has committed, is committing, or is about to commit an offense. (Von Stein v. Brescher,
904 F.2d 572, 578 (11th Cir.1990) / Williamson v. Mills, 65 F.3d 155, 158 (11th Cir. 1995).
I . Spark Test: An activation (conducted outside of public view) to ensure the Conducted Electronic
Weapon C.E.W. is operating properly.
J. Member: A sworn or civilian employee of the Fort Myers Police Department who is trained
authorized and issued lethal and/or less-lethal weapons.
SECTION II: LEGALITIES
F.S.S. 776.05: An Officer need not retreat or desist from efforts to make a lawful arrest because of active,
threatened, or passive resistance. Officers must remain cognizant that a primary law enforcement
responsibility is to protect life and property. An Officer shall use only the force necessary that is objectively
reasonable to effectively bring an incident under control, while protecting the lives and property of the
Officer or another. (C.A.L.E.A. 4.1.1)
A. An Officer is justified in using deadly force under the following circumstances: (C.A.L.E.A. 4.1.2)
1. Defense of self and others: Officers may use deadly force to protect themselves
or others from what is reasonably believed to be an immediate threat of serious
physical injury or imminent peril of death, and the Officer reasonably believes that
deadly force is immediately necessary to defend himself/herself or another from
imminent death or serious physical injury.
2. Fleeing Felons: An Officer is authorized to use deadly force when such force is
necessary to prevent an arrest from being defeated by resistance or escape, and
the subject was warned, if feasible. Also, one or more of the following conditions
must exist:
G.O. 6.1 Use of Force & Response to Resistance 2 of 25 01/12/2026\n\n--- Page 3 ---\n\na. The Officer reasonably believes that the fleeing felon poses a threat of
death or serious physical harm to the Officer or others; or
b. The Officer reasonably believes that the fleeing felon has committed a
crime involving the infliction or threatened infliction of serious physical harm
to another person.
B. Deadly Force Restrictions: (C.A.L.E.A. 4.1.2)
1. Discharging a firearm at or from a moving vehicle, except in self-defense when the
suspect is using deadly force, or in defense of another person when the suspect
is using deadly force and no other reasonable alternative was available.
2. Discharging weapons at or from a moving vehicle is generally discouraged and is
only permitted under extreme circumstances where the Officer or another is under
immediate threat of deadly force, and all other reasonable alternatives have been
exhausted.
3. Officers are reminded that they should approach vehicles from a safe direction and
provide themselves an opportunity to move to an area of safety if / when
necessary.
C. Drawing Firearms: The Ft. Myers Police Department acknowledges the practical need for Officers
to un-holster or draw their firearms in certain situations requiring caution for the Officer’s safety,
and/or in preparation of an anticipated need for deadly force. In those situations, requiring
reasonable caution, in the absence of justification for the use of lethal force, the Officer must be
cognizant of the risks involved in drawing a firearm. All weapons shall be handled in a manner
consistent with department firearms training and safety procedures. When the handgun is used
to cover an unsecured suspect or during a search for a suspect, the handgun will not be manually
cocked.
SECTION III: LESS LETHAL WEAPONS (C.A.L.E.A. 4.1.4)
A. Members of this Department on duty will carry only those less lethal weapons that are issued by
the Ft. Myers Police Department (C.A.L.E.A. 4.3.1). Less lethal weapons shall only be carried
and deployed by those personnel who have completed approved training in their use. (C.A.L.E.A.
4.3.2) Less lethal weapons include:
1. Aerosol Defense Sprays (A.D.S.) / O.C. Ole