Police Department Policy

SOP #017 - RESPONSE TO SUBJECT RESISTANCE

Miami Beach Police Department

Policy Text
DEFINITIONS: [4.1.2] ACTIVE RESISTANCE - Is a subject's use of physically evasive movements directed toward an officer such as bracing, tensing, pushing, or pulling to prevent the officer from establishing control over the subject. Examples include but are not limited to the subject physically anchoring themselves to a person or object to prevent being removed, the subject bracing or pulling away from the officer when the officer grips the subject's arm, and the subject attempts to run when the officer touches or attempts to grab the subject. [4.1.2] AGGRESSIVE RESISTANCE - Is a subject's attacking movements toward an officer that may cause injury but are not likely to cause death or great bodily harm to the officer or others. Examples include but are not limited to the subject balling up his/her fist and approaching the officer or the subject grabbing any part of the officer’s body. [4.1.2] ARREST - An arrest is using legal authority to deprive a person of their freedom of movement. An arrest may be made without a warrant if probable cause and exigent circumstances are presented at the time of the arrest. Officers will advise an individual that they are being placed under arrest unless circumstances exist to make the officer believe such notice will create active resistance to the arrest or if the individual has demonstrated an intention to flee. BLUE TEAM RESPONSE TO RESISTANCE REPORT (RTR) - A tracking software system used for reporting officer response to resistance. In the Blue Team database, the term Blue Team Control of Persons Report form will be synonymous with the term Response to Resistance Reports. [4.1.2] BOLA WRAP - The Bola Wrap (BW) 100 is a remote restraint device used for immobilizing, restraining and controlling resistive/non-compliant persons and persons with known or suspected mental health issues. The purpose of this device is to facilitate a safe and effective response in order to minimize injury to suspects, subjects and officers. CHAIN OF COMMAND - Formal lines of communication going downward or upward within the organizational hierarchy through each successive level of command. [4.1.2] COMPLIANCE - Is the verbal and/or physical yielding to an officer’s authority without apparent threat of resistance or violence. [4.1.2] COMPRESSION ASPHYXIA - A form of suffocation where respiration is prevented by external pressure on the body. [4.1.2] DEADLY FORCE - Is a subject's hostile, attacking movements with or without a weapon that create a reasonable perception by the officer that the subject intends to cause and has the capability of causing death or great bodily harm to the officer or others.· Examples include but are not limited to the subject refusing to drop a knife when ordered to by the officer and moving toward the officer, the subject shooting or pointing a gun at an officer or other person and/or the subject trying to use a vehicle to run down an officer. [4.1.2] 4/29/21; 1/4/22; 1/19/22; 11/26/24 DE-ESCALATION - Decreasing the use of force or resistance and that, through the application of verbal and non-verbal techniques or strategies, may reduce the intensity of an interaction(s) and potential for physical altercation. Once the officer gets control or compliance, they must de-escalate the use of force. [4.1.2] DE-ESCALATION TECHNIQUES - Taking action or communicating verbally or nonverbally during a potential response to resistance encounter in an attempt to stabilize the situation and reduce the immediacy of the threat so that more time, options and resources can be called upon to resolve the situation without a response to resistance or with a reduction in the response to resistance reasonably necessary to resolve the incident. De-escalation techniques will be applied, when reasonable and safe to do so, in an effort to reduce the need for a response to resistance. [4.1.1; 4.1.2] DISENGAGEMENT - Is discontinuing a command or physical response to resistance. Officers are legally permitted to escalate their response to resistance as the subject escalates their level of resistance. The officer's choices are determined by the subject's actions and the risk of physical harm posed to the officer or others.

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.