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.
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