Police Department Policy

125 USE OF FORCE (DEADLY FORCE) - Copy

Village of El Portal Police Department

Policy Text
POLICY 125 Use of Force (To Include Deadly Force) ESTABLISHED BY CHIEF DAVID MAGNUSSON 5/2019RELATED POLICIES: Policy 116 Reviewed by Chief David Magnusson 5/2019 PURPOSE : There are occasions in the course of police action which demand that a law enforcement officer utilize force to execute legal authority. Any necessary application of force ranging from no injury caused and/or complaint received; to a complaint of injury from that unnecessary or excessive force was used (which may or may not have caused an injury), to the application of deadly force shall be considered in the directive. Court decisions have held officers and their employers liable for misuse of authority or weapons (including firearms) regardless of the officer's duty status. Sanctity of life, professional demeanor and discretion are of prime concern. The purpose of this departmental order is to provide guidelines to Departmental members when required to act in situations requiring the use of force. This policy is predicated on routine day- to-day operational procedures in the law enforcement profession. It is not intended to restrict members from defending themselves or others from death and/or serious bodily harm as circumstances may dictate. POLICY: This Department recognizes and respects the value and special integrity of each human life. Investing police officers with the lawful authority to use force to protect the public welfare, a careful balancing of all human interests is required. Officers may encounter situations requiring the use of force, both non-deadly and deadly, to control situations, to effect arrest or to protect public safety. Control may be achieved through advice, verbal warning, persuasion, and/or by physical force. It is the policy of the Village of El Portal Police Department (EPPD) that members acting within their official capacity may use force or threat of force that is objectively reasonable to effect a lawful arrest, lawful detention, or in preventing or assisting in preventing a crime, or assisting in preventing escape after arrest or detention, and/or to stop the violent behavior of an individual. Such force will cease when the aforementioned objectives are accomplished. The decision to resort to force and the degree of force to be used must be based on the totality of the circumstances confronting the officer at the time, judged from the perspective of what actions would be taken by a reasonable officer on the scene faced with similar facts, or what reasonably appears to be fact, to the officer at the time the action is taken. Furthermore, an officer may use that force which he/she reasonably believes is necessary to prevent serious physical harm, either to the officer or to others. Members of the EPPD may use only the minimum force necessary in order. In order to achieve safe control over a subject, EPPD officers may use only the minimum force necessary to affect lawful objectives. This encompasses a use of force continuum and all approved weapons. The Department acknowledges that officers must draw a firearm in certain situations. The decision to draw or direct a firearm at an individual should be based on the tactical situation and reasonable belief by the officer that there is a substantial and imminent risk that the situation may escalate to a point where deadly force may be justified. 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. The drawing of a firearm in and of itself does not constitute force that would necessitate the completion of the Supervisor’s Report of Use of Force to Control. Deadly force shall be used in accordance with established deadly force Directives, State, and Federal Laws. DEFINITIONS: The definitions contained in this directive serve as the official definitions for all such terms and apply to all response to resistance incidents. Active/aggressive physical resistance : The term active/aggressive resistance is a subject’s attacking movements toward a member that may cause injury but are not likely to cause death or serious bodily harm to the member or others. Aggravated physical resistance/deadly force resistance : Aggravated physical resistance/deadly force resistance is a subject’s attacking movement, with or without a weapon, that creates a reasonable belief that the subject intends to cause and has the capability of causing death or serious bodily harm to the member or others. Authorized firearm : Any revolver, pistol, shotgun, and/or tactical rifle, issued or approved by the Department for use either on-duty or off-duty. As a condition of use, the member must be able to prove proficiency in the use of the firearm. Deployment: Intentional discharge of an Electronic Control Weapon (ECW) at or towards a subject using either probes or drive/touch stun mode. “Deployment” does not include unintentional discharge, testing, training, and un-holstering or display of an ECW without discharge. Discharge of Firearm : The intentional or unintentional shooting of a Department issued/approved firearm by a member within their official capacity (except during training, practice, or personal recreational activities) regardless of the outcome. Drive stun: The intentional discharge of an ECW after removal of the probe cartridge while the ECW is in direct physical contact with the subject. Page 2 of 44 EC

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