Subject Resistance Policy

Tarpon Springs Police Department Subject Resistance Policy General Order # 201 Effective Date: August 25, 2025 Amends: G.O.’s #201 8 /2025 Chief Jeffrey P. Young 201.01 POLICY Employees of the Tarpon Springs Police Department, while engaged in the lawful execution of a legal duty, will use only the force necessary to effect their legal duty. The use of necessary force is permitted only after all other reasonable means of effecting compliance have failed. Unnecessary or excessive force shall not be tolerated. 201.02 PURPOSE The purpose of this policy is to establish a set of guidelines for officers to use to ensure that they can effectively protect and serve citizens of this community. The value of human life is immeasurable in our society. Police officers have been delegated the responsibility to protect life and property and apprehend criminal offenders. The protection of life must at all times take priority over the apprehension of criminal offenders and the protection of property. The officer's responsibility for protecting life must include his/her own. 201.03 PROCEDURES The following are all procedures set forth to assist officers in their determination as to what type of and what degree of force they should or can legally use. Officers should remain totally familiar with this policy and Florida State Statues chapter 776 and 782.02 to ensure they perform their duties in a safe and legal manner. 201.04 Certain state statutes form the reference on which the Tarpon Springs Police Department’s Subject resistance policy is based. These laws are included in this procedure for reference purposes. Employees must be aware of prohibitions and restrictions in this procedure that place a higher standard on the Subject resistance than are contained in state statute. 201.041 Law enforcement officers; Use of force in making an arrest. FL. ST 776.05 --A law enforcement officer, or any person whom the officer has summoned or directed to assist him or her, need not retreat or desist from efforts to make a lawful arrest because of resistance or threatened resistance to the arrest. The officer is justified in the use of any force: (1)Which he or she reasonably believes to be necessary to defend himself or herself or another from bodily harm while making the arrest; (2)When necessarily committed in retaking felons who have escaped; or (3)When necessarily committed in arresting felons fleeing from justice. However, this subsecti on s hall not constitute a defense in any civil action for damages brought for the wrongful use of deadly force unless the use of deadly force was necessary to prevent the arrest from bein g de feated by such flight and, when feasible, some warning had been given, and: General Order #201 2 (a) 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. 201.05 Definitions 201.051 Deadly force – Per Florida Statue 776.06- The term “deadly force” means force that is likely to cause death or great bodily harm and includes, but is not limited to: 1. The firing of a firearm in the direction of the person to be arrested, even though no intent exists to kill or inflict great bodily harm; and 2. The firing of a firearm at a vehicle in which the person to be arrested is riding. 3. (a) The term “deadly force” does not include the discharge of a firearm by a law enforcement officer or correctional officer during and within the scope of his or her official duties which is loaded with a less-lethal munition. As used in this subsection, the term “less -lethal munition” means a projectile that is designed to stun, temporarily incapacitate, or cause temporary discomfort to a person without penetrating the person’s body. 3. (b) A law enforcement officer or a correctional officer is not liable in any civil or criminal action arising out of the use of any less-lethal munition in good faith during and within the scope of his or her official duties. Excited Delirium - is a state in which a person is in a psychotic and extremely agitated state. Mentally the subject is unable to focus and process any rational thought or focus his/her attention to any one thing. Physically the organs within the subject are functioning at such an excited rate that they begin to shut down. These two factors occurring at the same time cause a person to act erratically enough that they become a danger to themselves and to the public. This is typically where law enforcement comes into contact with the person. Essentially three things bring on excited delirium: 1. Overdose on stimulant or hallucinogenic drugs 2. Drug withdrawal