Police Department Policy

P-02 - Use of Force

Miami Springs Police Department

Policy Text
The proper completion of the Supervisor's Report of Use of Force to Control (SRUFC) Form is required for protection of the officer and the Department. An officer may be confronted by an armed person who has the advantage but the danger is not reduced by the officer giving up his gun upon demand. Surrendering his weapon might mean giving away the only chance for survival. Therefore, an officer should use every tactical tool to avoid surrendering his weapon. DEFINITIONS Deadly Force: Force that is likely to cause death or serious physical injury. Cross reference Florida State Statute Chapter 776, Justifiable Use of Force. Last Resort: When all practical means (verbal commands, pursuit, and non-deadly force) to avoid using deadly force have been exhausted. Necessary: Alternative steps are not likely to lead to safe control of the subject. Non-Deadly ForcelLess than Lethal Force: A quality or quantity of force which is neither likely nor intended to cause death or serious physical injury. Non-deadly force/Less then Lethal Force normally includes the use of physical strength or skill, Electronic Control Device (ECD), Side Handle Baton, or Expandable Police Baton. Reasonable Belief: Facts that would cause a reasonable person in the same situation to conclude that the point at issue is probably true. Serious Physical Injury: Serious physical injury includes, but is not limited to, an injury which creates a substantial risk of death or serious personal disfigurement, disability, or protracted loss or impairment of the functioning of any organ or part ofthe body. Use of Force: A description of all situations wherein the use of force, whether non-deadly or deadly force, would be justified is not feasible. The standard used by courts to determine whether or not the use of force is justifiable was outlined in Graham v. Connor, 490 U.S. 386 (1989), where the Court explained: In determining whether force used in a particular arrest, investigatory stop, or other seizure is reasonable, the inquiry is whether the officers' actions are "objectively reasonable" in light of the facts and circumstances confronting them, without regard to their underlying intent or motivation. The reasonableness of a particular use of force must be judged from the perspective of a reasonable officer on the scene, rather than the 20/20 vision of hindsight, and its calculus must embody an allowance for the fact that police officers are often forced to make split-second decisions about the amount of force necessary in a particular situation. In Graham, the Supreme Court emphasized facts and circumstances that courts will examine in determining the reasonableness of the use of force; the severity of the crime at issue; whether the Page 2 of13 suspect poses an immediate threat to the safety of officers or others; and whether the offender is actively resisting arrest or attempting to evade arrest by flight. Additional variables exist, but the most important factor continues to be the need to prevent serious physical harm either to the officer or to others. Use of Force Continuum: Verbal Persuasion Hand Control Procedures Electronic Control Device (ECD) Impact Weapons Deadly Force Violent felony: That felony which involves the use or threat of physical force or violence against any individual including, but not limited to, the following offenses: murder, manslaughter; sexual battery; carjacking; home-invasion robbery; robbery; arson; kidnapping; aggravated assault; aggravated battery; aggravated stalking; aircraft piracy; and unlawful throwing, placing or discharging of a destructive device or bomb.

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