Police Department Policy

125 - Use of Force (To Include Deadly Force) ESTABLISHED BY CHIEF DAVID MAGNUSSON

Village of El Portal Police Department

Policy Text
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 ECW (Electronic Control Weapon): A battery operated non-lethal weapon designed to use short- duration electronic pulses to cause neuro-muscular incapacitation and/or pain, with minimal risk of serious physical injury or death. Excited delirium: A serious and potentially deadly medical condition/disorder usually drug- related, but can occur in non-drug users as well. The presentation of excited delirium occurs with a sudden onset of symptoms of bizarre and/or aggressive behavior, shouting, paranoia, panic, violence toward others, unexpected physical strength, and hyperthermia. Excited delirium causes a person to act erratically enough that they become a danger to themselves and to the public. Force transition: The movement, escalation/de-escalation or tactical disengagement, from the application of one force type to another in conjunction with “objectively reasonable” standards. Members should consider all the factors prior to using force and choose a reasonable option based on the “totality of the circumstances” present. Less-lethal force/Non-lethal force: Force that is not likely, nor intended to cause death or serious physical harm. When used throughout this directive the term less-lethal force shall be synonymous with the term “non-lethal force” and/or “less than deadly force.” Lethal force/ Deadly force: As applied to a law enforcement member acting in the performance of his official duty, the term “deadly force” means force that is likely to cause death or serious bodily harm and includes but is not limited to: the firing of a firearm in the direction of a person to be arrested even though no intent exists to kill or inflict serious bodily harm; the firing of a firearm at a vehicle in which the person to be arrested is riding. The term lethal force/deadly force does not include the discharge of a weapon by a member during and within the scope of his official duties which is loaded with non-lethal munitions. (FSS 776.06) Non-lethal munition: Defined by F.S.S. 776.06 (2)(a) to mean a projectile that is designed to stun, temporarily incapacitate, or cause temporary discomfort to a person without penetrating the person’s body. These devices are not fundamentally designed to cause death or serious bodily harm and therefore may fall under non-lethal force under the officer’s response options portion of this policy depending on the intent and application by the officer. Non-lethal weapon: Department issued/approved instruments/devices designed for use by law enforcement members to overcome subject resistance and which can be used in conjunction with, or in lieu of, empty hand control measures. Some examples of non-lethal weapons include electronic control weapons (ECW), expandable or straight batons, or other weapons of opportunity. Objectively Reasonable Standard: Objective Reasonableness is the standard for all applications of response to resistance in the United States. A member’s decision to use force shall be based upon the totality of the circumstances. Factors to consider include, but are not limited to, the following: [CFA 4.01M] • The seriousness of the crime (type of incident being investigated) • Whether the subject is an immediate threat to the safety of officer(s) or others • Subject’s size, age, weight, and physical condition • Whether the subject is actively resisting or attempting to evade arrest by flight • Subject’s mental or psychiatric history, if known to the officer • Subject’s violent history, if known to the officer • Subject’s combative skills • Nature of the resistance of force used by the subject • Availability of anything to the subject which may be used as a weapon • Subject’s access to weapons • Innocent bystanders who could be harmed • Numeric ratio of officer(s) to subject(s) • Duration of confrontation • Officer’s size, age, weight, physical condition • Environmental factors, such as physical terrain, weather conditions, etc. • Weapons or other restraint (less-lethal) devices available to the officer Graham v. Connor, 490 U.S. 386 (1989) Passive resistance: Passive resistance refers to a subject’s verbal and/or physical refusal to comply with the member’s lawful direction such as refusing to move at the member’s direction, or non-violent protesters on private property refusing to leave the property upon notice of trespass.

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