Police Department Policy

KPDGO_GO_401_-_Response_To_Resistance_628471

Kissimmee Police Department

Policy Text
KISSIMMEE POLICE DEPARTMENT GENERAL ORDER General Order 401 – Response to Resistance Page 1 of 25 TITLE: RESPONSE TO RESISTANCE 401 EFFECTIVE: 07/01/2015 REVISED: 01/26/2026 SCOPE : ALL EMPLOYEES REVIEW AUTHORITY: PATROL DIVISION CAPTAIN CFA STANDARDS: 4.01M (A-D), 4.02M (A-C), 4.03M, 4.04M, 4.06M (A-D), 4.07M (A-C), 4.08M, 4.09M (A-C), 4.10M, 4.11M (A-C), 4.12M (C , E, F, G ), 10.20M 401.01 General Guidelines 401.11 Less-Lethal Launcher 401.02 Practical Application 401.12 Expandable Baton 401.03 Levels of Resistance 401.13 Conducted Energy Weapon (CEW) 401.04 Officer Response Levels 401.14 Post Incident Actions Required 401.05 Deadly Force 401.15 Reporting Requirements 401.06 Firearms 401.16 Internal Affairs Responsibilities 401.07 Unauthorized Use of Firearms 401.17 Inspection and Replacement 401.08 Authorized Firearms 401.18 National Use-of-Force Data Collection 401.09 Intermediate Weapons 401.19 Training 401.10 Oleoresin Capsicum (OC) Spray Response to Resistance Continuum Guideline Policy: Employees shall use only the force reasonably necessary to effectively bring an incident under control in accordance with the rights afforded by the United States Constitution and the constitution a nd laws of the State of Florida. 401.01 General Guidelines: Officers shall use sound judgment in weighing the totality of the circumstances to select the proper response within the response to resistance guidelines. Generally, employees should exercise persuasion, advice, and warning prior to engaging in the use of force unless it is not reasonable to do so under the circumstances. Employees shall make a subjective, independent, and individual judgment regarding the necessity or appropriateness of the force to be used. Therefore, under no circumstances shall an employee use force solely because another employee is using force. Employees are obligated to ensure compliance with all applicable laws and the written directives of the Department. Employees have an affirmative duty to intercede to prevent the us e of excessive force if the employee has reason to know excessive force is being used and there is a realistic opportunity to KISSIMMEE POLICE DEPARTMENT GENERAL ORDER General Order 401 – Response to Resistance Page 2 of 25 intervene to prevent harm. The action required by the employee shall depend on the circumstances of the incident. Appropriate act ion may include, but is not limited to [CFA 4.01M – D]: a. Verbal or physical intervention; b. Immediate notification to a supervisor; and/or c. A direct order by a supervisor to cease the use of the excessive force. Please consult General Order 437 – Duty to Intervene for full policy. 401.02 Practical Application: Officers should respond to resistance in a manner that is reasonably necessary to effectively bring an incident under control. Officers are authorized to use the appropriate force based on the subject’s actions and resistance by considering the totality o f the circumstances. As the level of resistance decreases, the officer shall deescalate their response level to the minimum force necessary to control the subject and gain compliance. [CFA 4.01M – B] An employee who must respond to resistance by using som e form of force shall use objective reasonableness in determining the amount of force to use to effectively control the subject(s) during a lawful seizure or arrest. Objective reasonableness is based upon the totality of circumstances known to or considere d by the employee at the moment force was used and may include, but is not limited to : a. Severity of crime; b. Whether the subject is an immediate threat to the safety of the employee or any individual; c. Whether the subject is resisting arrest or attempting to evade arrest by flight; d. The number of subjects and employees involved; e. The size, age, and condition of em ployees and subjects; f. The duration of the police action; g. Injury; h. Known violent history of a subject; i. Known or suspected use of intoxicants by subject; j. Known or apparent mental or psychological condition(s); k. Environmental factors; and KISSIMMEE POLICE DEPARTMENT GENERAL ORDER General Order 401 – Response to Resistance Page 3 of 25 l. Any other factor or circumstances that may be relevant to the response to resistance that is known or considered by the employee at the time such force is applied (refer to Response to Resistance Continuum Guideline ). The “Response to Resistance Continuum Guideline” provides a training guide to assist employees in determining their response to meet the resistance encountered by a subject. This “Response to Resistance Continuum” is a guideline only; every response to resistance is unique to its own circumsta nces. The Continuum Guideline shall not limit the employee’s response or permit greater response than objectively reasonable under the totality of circumstances. The response to resistance guidelines recognizes that officers make use of force decisions based

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