Police Department Policy

63441747.pdf

Gainesville Police Department

Policy Text
\n\n--- Page 1 ---\n\nGAINESVILLE POLICE DEPARTMENT GENERAL ORDER TITLE ACCREDITATION Response to Resistance CALEA 4.1.1; 4.1.2; 4.1.5; 4.2.1(a-d); 4.2.2; 4.2.3; 4.2.4 (a- e) (formerly titled Use-of-Force) PROPONENT UNIT PRIOR REVISIONS Training and Education Division 03/17/10;07/05/11; 05/29/18, 05/22/2020,12/28/21, 05/31/22, Internal Affairs 12/08/22, 01/31/24 ATTACHMENT: Attachment A: Response to Resistance Continuum/ Guidance NUMBER ISSUE DATE REVISION DATE TOTAL PAGES 1.5 07/01/1998 01/31/25 19 I. PURPOSE: The Gainesville Police Department’s highest priority is safeguarding the life, dignity, and liberty of all persons. This Order establishes guidelines and procedures for the use- of-force by sworn Department members acting within their scope of employment Police officers have the difficult and admirable job of providing crucial services to the communities they protect and serve, their job sometimes puts them in harm’s way and may require the response to resistance formally known as the Use of Force. Accordingly, police officers must operate with the highest standards of professionalism and accountability. Every community resident should be able to live, work, and travel confident in an expectation that interactions with police officers will be fair, consistent with constitutional norms, and guided by public safety free from inappropriate prejudice or discrimination. Unfortunately, there are instances when officers have to utilize force to fulfil their responsibilities. Consequently, this policy serves as a reference for officers when deciding how and when to utilize force in the lawful performance of their duties. Members are cautioned to utilize the minimum force necessary to obtain control and/or compliance with lawful instructions. It is impossible for a policy to anticipate every conceivable situation or exceptional circumstance in which officers may face. In all circumstances, officers are expected to be compassionate, and exercise sound judgement when using force options. The following standards shall be maintained when deciding on any and all uses of force. A. SAFEGUARDING HUMAN LIFE AND DIGNITY. The authority to use force is a serious responsibility given to peace officers by the people who expect them to exercise that authority judiciously and with respect for human rights, dignity and life. B. ESTABLISH COMMUNICATION. Communication with non-compliant subjects is often most effective when officers establish rapport, use the proper voice intonation, ask questions and provide advice to defuse conflict and achieve voluntary compliance before resorting to force options. C. DE-ESCALATION. Officers shall, when feasible, employ de-escalation techniques to decrease the likelihood of the need to use force during an incident and to increase the likelihood of voluntary compliance. Officers who act to de• escalate an incident, which can Scope: Sworn Department Members\n\n--- Page 2 ---\n\nGAINESVILLE POLICE DEPARTMENT delay taking a subject into custody, while keeping the public and officers safe, will not be found to have neglected their duty. They will be found to have fulfilled it. D. PROPORTIONALITY. When determining the appropriate level of force, officers shall, when feasible, balance the severity of the offense committed and the level of resistance based on the totality of the circumstances known to or perceived by the officer at the time. E. CRISIS INTERVENTION. When feasible, Crisis Intervention Team (CIT) trained officers should respond to calls for service involving individuals in mental or behavioral health crisis pursuant to GO 1.7 Mental Health and Crisis Intervention Response. F. DUTY TO INTERVENE. When in a position to do so, officers shall intervene when they know or have reason to know, that another officer is about to use, or is using, unnecessary force. Officers shall promptly report any use of unnecessary force and the efforts made to intervene to a supervisor. Refer to GO 1.8 Duty to Intervene. G. FAIR AND UNBIASEDPOLICING. Members shall carry out their duties, including the response to resistance, in a manner that is fair and unbiased pursuant to Department GO 1.2 Police- Citizen Encounters, Enforcement and Bias-Based Profiling. H. VULNERABLE POPULATIONS. The response to resistance against vulnerable populations - including children, elderly persons, pregnant women, people with physical and mental disabilities and people with limited English proficiency - can undermine public trust and should be used as a last resort, when all other reasonable means have been exhausted. Considering the response to resistance when making an arrest, all individuals shall be provided an opportunity to submit to arrest before force is used. Force may be used only when verbal commands and other techniques that do not require the response to resistance would be ineffective or present a danger to the officer or others. II. POLICY: The Gainesville Police Department’s highest priority is safeguarding life, dignity, and liberty of all people. Officers shall demonstrate this principle in their daily interactions with the community they are sworn to protect and serve. The Department is committed to accomplishing this mission with respect and compassion by utilizing effective communication skills that emphasize empathy, crisis intervention and de-escalation tactics before resorting to force, whenever feasible. GO 1.1 Source of Police Authority and the Role of the Department requires department members to abide by a Code of Ethics. In addition, GPD personnel shall follow the 3C’s in the performance of their duties: Compassion, Consistency and Constitutional Policing. These are key factors in maintaining legitimacy with the community and safeguarding the public’s trust. This order establishes policies and reporting procedures regarding the response to resistance. The Department shall maintain guidelines on the response to resistance tactics trained/demonstrated and the actual deployments attempted/applied in the field by all of its sworn members. The Department will abide by the objective reasonableness standard as defined in Graham v. Connor, 490 U.S. 386 (1989) as the foundation for each and every lawful application of force, up to and including deadly force when such action is warranted. 2\n\n--- Page 3 ---\n\nGAINESVILLE POLICE DEPARTMENT III: PROCEDURE: A. Response to Resistance Training: 1. Sworn members shall not be permitted to carry a department issued or approved weapon, until they have been trained in the Department’s use-of-force policy. 2. Officers shall receive response to resistance training on an annual basis. The training shall include policy review, including review of terms related to response to resistance Addendum. [CALEA 4.1.2] Failure to receive such training may result in suspension of police powers. 3. The Training and Education Division shall keep accurate and current records on sworn members’ use-of-force training. 4. Department Members shall adhere to the response to resistance continuum /guidance (appendix A) when applying force. The response to resistance continuum/guidance is based upon subject resistance levels/actions and other factors which encompass the assessment of the totality of circumstances. B. Factors for Consideration: 1. Use of Reasonable Force: Department members will only use reasonable force to accomplish lawful objectives [CALEA 4.1.1]. The reasonableness of any response to resistance by a member will be judged on the totality of the circumstances known to the member at the time of the use. There is a litany of factors to consider when judging the reasonableness of the response to resistance. Such factors include, but are not limited to: relative size and strength of both the member and subject, lighting, or other situational factors such as the availability of back-up, and the influence of drugs or alcohol. 2. Immediate Medical Intervention: Officers who utilize any force option upon a person exhibiting sy

Why Attorneys Choose FlawFinder

Side-by-side with Westlaw and LexisNexis

FeatureWestlawLexisNexis
Monthly price$19 - $99$133 - $646$153 - $399
ContractNone1-3 year min1-6 year min
Hidden fees$0, alwaysUp to $469/search$25/mo + per-doc
Police SOPs✓ 310+ departments
Zero-hallucination AI✓ CitationGuard
CancelOne clickTermination feesNo option to cancel
FlawFinder provides legal information, not legal advice. Consult an attorney for specific legal guidance.