doc_1835952

WINDERMERE POLICE DEPARTMENT GENERAL ORDER Effective Date: October 13, 202 5  Rescinds  Amends 8.1 (January 7, 2025) Number: 8.1 SUBJECT: Use of Force Print Date: 10/13/25 Distribution: All Personnel Review Month: September This order consists of the following: 1. Purpose 2. Policy 3. Definitions 4. Procedures 1. Purpose To establish guidelines for the appropriate use of force and ensure proper training for all personnel. 2. Policy It is the policy of the agency that personnel only use that level of force objectively reasonable to perform their official duties. Courts examine the factors announced by the U.S. Supreme Court in Graham v. Conner to determine whether the use of force was objectively reasonable. A police officer must consider the following factors when using physical force: (a) the severity of the alleged crime at issue; (b) whether the suspect poses an immediate threat to the safety of the officers or other; and (c) whether the suspect is actively resisting arrest or attempting to evade arrest by flight. Officers shall not strike or use physical force aga inst any perso n except, when necessary, in self -defense, in defense of another, to overcome physical resistance to lawful commands, or to prevent the escape of an arrested person. In circumstances when it is objectively reasonable to do so, an officer sha ll attempt to prevent or stop the use of excessive force by another officer. [4.01M -(D)] When deadly force is justified, it shall be considered a last resort and be employed for effect and not for warning. 8.1, Page 2 3. Definitions A. Approved Expandable Baton – An expandable baton approved by the agency referred to hereafter as the “expandable baton”. B. Chemical Agent IPD – An aerosol spray agent such as Oleoresin Capsicum (O C) and/or Orthochlorobenzylidenemalononitrile (CS), or any other formulation of chemical age nt approved by the agency for carry and use. C. Chokeholds – A physical maneuver that restricts an individual’s ability to breathe for the purposes of incapacitation. D. De-escalation Techniques – Taking action or communicating verbally or non - verbally during a potential force encounter in an attempt to stabilize the situation and reduce the immediacy of the threat so that more time, options, and resources can be called upon to resolve the situation without the use of force or with a reduction in the force necessary. E. Duty to Intervene – An attempt to prevent or stop the use of excessive force by another officer when it is objectively reasonable to do so. F. Excited Delirium – An acute mental disorder characte rized by impaired thinking, disorientation, visual hallucinations and illusions. Behavior is without purpose and often violent. Body temperature is significantly increased. Generally, subjects begin with an acute onset of paranoia (someone or something is trying to harm them), followed by violent and/or bizarre behavior. Behaviors may include displaying violence toward inanimate objects (particularly glass), running, screaming , and stripping off clothing. Subjects exhibit great strength and a diminishe d sense of pain. G. Imminent Danger – In relation to homicide in self -defense, this term means immediate danger, such as must be instantly met, cannot be guarded against by calling for assistance of others or the protection of the law. Or, as otherwise defined, such as an appearance of threatened and impending injury as would put a reasonable and prudent man to his instant defense. H. In-Custody Deaths – A death, or the onset of a physiological condition resulting in death, that occurs while a subject is i n law enforcement custody, or while an attempt is being made to take a subject into custody. The death may or may not involve the application of force. Deaths that occur as the result of vehicle crashes are not included. 8.1, Page 3 I. Deadly Force – A force that is likely to cause death or great bodily harm, permanent disability or permanent disfigurement and includes, but is not limited to injury, permanent disability or permanent disfigurement. J. Totality of Circumstances - All facts and circumstances known to the officer at the time or reasonably perceived by the officer as the basis for the use of force decision. K. Objectively Reasonable – The determination that the necessity for using force and the level of force used is based upon the officer’s evaluation of the situation in light of the totality of the circumstances known to the officer at the time the force is used and upon what a reasonably prudent officer would use under the same or similar situations. 4. Procedures A. Authorized Use of Force 1. Officers may only use tha t degree of force necessary to e ffect lawful objectives. 2. As stated in FS 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 fr om