USE OF FORCE Model Policy Effective Date Revised: December 1, 1995 Number Subject Use of Force Reference Deadly Force, Non-deadly Force, Firearms, Non-Lethal Weapons Special Instructions Distribution Reevaluation Date December 1, 1996 No. Pages I. PURPOSE The purpose of this policy is to provide police officers with guidelines on the use of deadly and non-deadly force. II. POLICY This department recognizes and respects the value and special integrity of each human life. In vesting police officers with the lawful authority to use force to protect the public welfare, a careful balancing of all human interests is required. Therefore, it is the policy of this department that police officers shall use only that force that is reasonably necessary to effectively bring an incident under control, while protecting the lives of the officer and others. III. DEFINITIONS A. Deadly force: Any use of force that is likely to cause death or serious bodily harm. B. Non-deadly force: Any use of force other than that which is considered deadly force. IV. PROCEDURES A. Parameters for use of deadly force: 1. Police officers are authorized to use deadly force in order to: a. Protect the police officer or others from what is reasonably believed to be a threat of death or serious bodily harm; or, b. Prevent the escape of a fleeing felon whom the officer has probable cause to believe will pose a significant threat to human life should escape occur. 2. Before using a firearm, police officers shall identify themselves and state their intent to shoot, where feasible. 3. A police officer may also discharge a weapon under the following circumstances: a. During range practice or competitive sporting events. b. To destroy an animal that represents a threat to public safety, or as a humanitarian measure where the animal is seriously injured. 4. Police officers shall adhere to the following restrictions when their weapon is exhibited: a. Except for maintenance or during training, police officers shall not draw or exhibit their firearm unless circumstances create reasonable cause to believe that it may be necessary to use the weapon in conformance with this policy. b. Warning shots may be fired in an effort to stop a person only when the officer is authorized to use deadly force and only if the officer reasonably believes a warning shot can be fired safely in light of all circumstances of the encounter. c. Decisions to discharge firearms at or from a moving vehicle shall be governed by this agency's use-of-force policy and are prohibited if they present an unreasonable risk to the officer or others. B. Parameters for use of non-deadly force: 1. Where deadly force is not authorized, officers shall use only that level of force on the force continuum that is reasonably necessary to de-escalate the incident and bring it under control. 2. Police officers are authorized to use department-approved non-deadly force techniques and issued equipment for resolution of incidents as follows: a. To protect themselves or another from physical harm. b. To restrain or subdue a resistant individual. c. To bring an unlawful situation safely and effectively under control. C. Training and qualifications: 1. Deadly weapons: a. While on- and off-duty, police officers shall carry only weapons and ammunition authorized by and registered with the department. b. Authorized weapons are those with which the police officer has qualified and received departmental training on proper and safe usage, and that are registered and comply with departmental specifications. c. This law enforcement agency shall schedule regular training and qualification sessions for service weapons, and back-up and specialized weapons. d. Firearms qualification will be graded on a pass/fail basis. e. Police officers who fail to receive a passing score with their duty weapon(s) in accordance with department testing procedures shall be relieved of their police powers and immediately reassigned to nonenforcement duties. f. A police officer shall not be permitted to carry any weapon with which he has not been able to qualify during the most recent qualification period. g. A police officer who has taken extended leave or suffered an illness or injury that could affect his firearms ability will be required to requalify before returning to enforcement duties. 2. Non-deadly force weapons and methods: a. A police officer is not permitted to use a only weapon unless qalified in its proficient use as determined by training procedures. b. The following non-deadly weapons are authorized:______(Departmental List) D. Reporting uses of force: 1. A written report prepared according to departmental procedures will be required in the following situations: a. When a firearm is discharged outside of the firing range. b. When a use of force results in death or injury. c. When a nonlethal weapon is used on a person. 2. A supervisor will be immediately summoned to the scene and will comply with investigative procedures as required by the department in the following situations: a. When a firearm is discharged outside of the firing range. b. When a use of force results in death or serious injury. c. When a subject complains that an injury has been inflicted. d. When misconduct is alleged or suspected. E. Departmental response: 1. Deadly force incident a. Where a police officer's use of force causes death, the officer shall be placed on administrative leave after completing all internal investigative requirements, and until it is determined by a mental health professional that the police officer is ready to return to duty. b. The department shall conduct both an administrative and criminal investigation of the incident. 2. Administrative review of critical incidents: a. All reported uses of force will be reviewed by the appropriate departmental authority to determine whether: departmental rules, policy or procedures were violated, the relevant policy was clearly understandable and effective to cover the situation, and department training is currently adequate. b. All findings of policy violations or training inadequacies shall be reported to the appropriate unit for resolution and/or discipline. c. All use-of-force incident reports shall be retained as required by state law. d. There will be a regular review of use-of-force incidents by the appropriate departmental authority to ascertain training and policy needs. e. An annual summary report of use-of-force incidents will be published and made available to the public. WARNING This directive is for departmental use only and does not apply in any criminal or civil proceeding. The department policy should not be construed as a creation of higher legal standard of safety or care in an evidentiary sense with respect to third-party claims. Violations of this directive will only form the basis for departmental administrative sanctions. This project was supported by Grant No. 87-SN-CX-KO77 awarded by the Bureau of Justice Assistance, Office of Justice Programs, U.S. Department of Justice. The Assistant Attorney General, Office of Justice Programs, coordinates the activities of the following program offices and bureaus: the Bureau of Justice Assistance, the Bureau of Justice Statistics, National Institute of Justice, Office of Juvenile Justice and Delinquency Prevention, and the Office of Victims of Crime. Points of view or opinions in this document are those of the author and do not represent the official position or policies of the United States Department of Justice. Every effort has been made by the IACP National Law Enforcement Policy Center staff and advisory board to ensure that this model policy incorporates the most current information and contemporary professional judgment on this issue. However, law enforcement administrators should be cautioned that no "model" policy can meet all the needs of any given law enforcement agency. Each law enforcement agency operates in a unique environment of federal court rulings, state laws, local ordinances, regulations, judicial and administrative decisions and collective bargaining agreements that must be considered. In addition, the formulation of specific agency policies must take into account local political and community perspectives and customs, prerogatives and demands; often divergent law enforcement strategies and philosophies; and the impact of varied agency resource capabilities among other factors.