USE OF FORCE 1.3B
TEQUESTA POLICE DEPARTMENT
GENERAL ORDER
TITLE: USE OF FORCE
GENERAL ORDER: 1.3C
EFFECTIVE: September 5, 2012
REVISES: G.O 1.3B
PAGES: 13
CONTENTS:
This order consists of the following numbered sections:
I. GENERAL
II. DEADLY FORCE
III. NONDEADLY FORCE
IV. MEDICAL AID AFTER USE OF FORCE
V. REPORTING AND INVESTIGATING USE OF FORCE INCIDENTS
VI. USE OF FORCE/LEVELS OF RESISTANCE
VII. GLOSSARY
PURPOSE:
To establish guidelines and procedures for the use of deadly and non-deadly force by certified Police
Department members.
SCOPE:
This order applies to all law enforcement officers and reserve officers.
POLICY:
All members will act in good faith when using force and conform to the provisions of Florida Statutes and
this general order. Members acting in their official capacity may use only the amount of force that is reasonably
necessary to effect lawful objectives. This applies to both deadly and non-deadly force.
PROCEDURE:
I. GENERAL:
A.
No officer will be allowed to make an arrest or carry a weapon or firearm until he or she has:
1.
Successfully completed the required state certification program;
2.
Demonstrated proficiency in its use and/or by achieving minimum scores on the training course, when applicable;
3.
Received training and demonstrated knowledge of the laws and agency policy concerning their use, the use of
force, and rendering first aid procedures after use;
4.
Received a copy of this general order.
B.
Only agency issued or approved weapons, ammunition and firearms are authorized for use both on and off duty.
C.
The Training Section will:
G.O. 1.3C
1.
Maintain written specifications for all weapons and ammunition authorized for use; and,
2.
Ensure that a qualified weapons instructor or armorer reviews, inspects, and approves weapons and firearms
before issuance.
3.
Schedule and ensure attendance of all sworn members for annual in service Use of Force training.
4.
Schedule and ensure attendance of all sworn members for Less-lethal in service training to be conducted at least
biennially.
5.
Supply related legal updates.
II. DEADLY FORCE:
Deadly force will be used only when the officer reasonably believes that the action is in
immediate
defense of human life. This includes the officer’s own life or in defense of any person in danger of serious
physical injury. Deadly force will not be used against a fleeing felon unless necessary to prevent the escape of the felon
andand
, when feasible, some warning is given, the officer reasonably believes that the suspect poses an immediate
or,
significant threat of death or serious physical harm to the officer or others; the officer reasonably believes that the
fleeing felon committed a crime involving the infliction or threatened infliction of serious physical harm to another
person.
A. Unauthorized Use of Deadly Force:will
Members not shoot “warning shots” under any circumstances. Except
under unusual or exigent circumstances, members will not use deadly force in the following situations:
1.
To disable an occupied vehicle;
2.
Shoot at or from a moving vehicle or other occupied conveyance.
B. Shooting of a Domestic or Agricultural Animal:
Pursuant to F.S. 828.05, law enforcement officers are
domestic
permitted to shoot and destroy aanimal that is suffering from an incurable or untreatable condition, or is
imminently near death from injury or disease. An officer encountering such a situation will make every effort to
contact the owner of the animal, the owner’s agent, or a veterinarian before destroying the animal. A supervisor will
be notified before the destruction of the animal and the incident fully documented in an incident report.
III. NONDEADLY FORCE:
When executing their legal authority, officers will attempt to achieve control through
verbal commands. When control apparently cannot be achieved through verbal commands and there is: (a) physical or
nonphysical resistance to an arrest; (b) a threat to life or to the safety of the officer or another person, but deadly force
would be unnecessary; or, (c) a reasonable belief that they have exhausted alternatives or would clearly be ineffective;
officers will use only those nondeadly physical force/nonlethal weapons necessary to achieve control, (d) the use of neck
restraints or similar weaponless control techniques with a potential for serious injury is prohibited.
A.Use of Nonlethal Weapons:
The type and degree of nondeadly physical force or nonlethal weapons used will be
based on a reasonable belief of the need for such use, based upon the facts of each situation encountered.
B. Oleoresin Capsicum (OC) Spray:
1. General:
OC spray is an approved restraint device and constitutes a use of force by Police Department
guidelines on nondeadly force. The use of OC spray is lower on the use of force matrix than physical control, but
above that of verbal control.
2. Authorized Possession of OC Spray:
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G.O. 1.3C
a. Members must complete an OC training program approved by the agency
b. Members will carry only agency issued OC spray while on duty.
c. OC spray will be inspected at least annually during “Supervisor Line Inspections” to ensure expiration dates are
not exceeded.
2. Discharging OC Spray:
a. Members will use OC spray in the performance of official duties only under the following conditions:
1) When a person, who is about to be taken into custody, physically resists or demonstrates the intent and
capability to resist physically.
2) To defend the member, or another person, from what the officer reasonably believes is the imminent use of
physical force against other persons or property, or self-inflicted injury.
3) When an animal poses an immediate threat to the member or another person.
b. A verbal warning will be issued to all persons about to be sprayed with OC before the discharge, unless the
warning would provide a tactical advantage to the person being taken into custody.
c. Officers should use bursts of one to two seconds or less, and the fewest number of bursts necessary, to
effect temporary immobilization of the individual being sprayed. Use of OC spray will be discontinued once
compliance is achieved.
3. Confronting Persons Armed with OC Spray:
a. Officers should be aware that sprays of OC to the face could be immediately disabling. They should attempt to
place themselves at a safe distance from the individual to avoid being hit by its discharge.
b. Officers must evaluate all factors to determine the appropriate degree of force to use to gain control of the
situation, which may include the use of deadly force.
AUTHORIZED USERS:
4. Only officers who have satisfactorily completed this agency’s approved training
course shall be authorized to carry ECW’s. Officers will be required to complete an annual refresher course,
taught by department instructor certified by the manufacturers. Only issued ECW’s and their associated
equipment are authorized to be carried by department members.
5. The ECW is considered to be a less lethal force option, which in the cartridge deployment mode is an
intermediate weapon and in contact mode is a pain compliance device. The device is prohibited from being
used, absent exigent circumstances:
1. In a punitive or coercive manner.
2. On a handcuffed/secured prisoner in cartridge deployment mode.
3. On any passive resistant subject.
4. in any environment where an officer knows that a potentially flammable, volatile, or explosive material is
present (including but not limited to OC spray with volatile propellant, gasoline, natural gas, or propane).
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G.O. 1.3C
5. In any environment where the subject’s fall could reasonably result in death (such as in a swimming pool or on
an elevated structure whose fall could likely cause serious bodily injury or death).
6. Against a known or apparent pregnant female.
7. On young children (those that appear to be under the age of 12), elderly persons, or visibly frail persons.
8. On persons operating a motor vehicle, motorcycle, ATV, scooter or similar conveyance while the vehicle is in
motion.
9. When subject is holding a firearm.
10. As an interrogation technique.
11. To awaken an unconscious or intoxicated individual.
12. On a person who flees an officer in order to avoid detention or arrest.
In preparation for firing, the ECW shall be pointed in a safe direction, taken off safe, and then aimed. The preferred
Aiming point, whenever reasonably possible, is the center mass of the subject’s back since there is less possibility of the
darts coming into contact with sensitive or vital body areas such as the eyes or groin. A suitable alternative and more
reasonable aiming point is center body mass of the subject’s lower chest or legs.
1. Where feasible, use verbal commands when pointing the ECW at the subject prior to firing.
2. Upon firing the device, the officer shall energize the subject the least number of times and no longer than necessary to
accomplish the legitimate operational objective. The subject shall be secured as soon as practical while disabled by the
ECW power too minimize the number of deployment cycles.
3. The device may also be used in certain circumstances in a “touch stun” mode. This involves removing the cartridge
and pressing the unit against an appropriate area of the body based on training. It is important to note that when the
device is used in this manner it is:
1. Primarily a pain compliance tool due to a lack of probe spread.
2. Minimally effective when compared to conventional cartridge type deployment.
3. More likely to leave marks on the subjects skin.
4. Subject to the same deployment (use) guidelines and restrictions as that of the ECW in cartridge deployment.
5. The ECW shall be pointed at the ground in a safe direction with the safety on during loading, unloading, or
when handled in other than operational deployment.
6. No individual officer shall simultaneously draw and hold an ECW and any firearm.
7. The ECW may be used to incapacitate a subject a subject when that person is either attempting to injure himself
or commit suicide.
8. The ECW should not be used in a situation where deadly force is clearly justifiable unless another officer is
present and capable of providing the deadly force option to protect the officers and/or civilians as necessary.
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G.O. 1.3C
C. Intermediate Weapons:
Intermediate weapons provide a method for controlling a subject when
deadly force is not justified and when empty hand control techniques are not sufficient to effect control. When an
intermediate weapon is used for control, it should be with the intent to disable a subject temporarily and never with the
intent of creating an injury. When practical, members should use issued OC spray before resorting to an intermediate
weapon. (Intermediate weapons include impact weapons)
1.
Police Department approved impact weapons are the agency issued straight and expandable batons. Either may
be used to gain control of a subject offering active, aggressive, or aggravated physical resistance.
a. All strikes with an impact weapon will be targeted to major muscle areas and muscle structures such as the
forearms, thighs, or calves. Strikes to these areas reduce the risk of permanent injury to a subject.
b. A subject's head, neck, throat, spine, clavicle, and joints or bones such as elbows, wrists, and knees, will not be
targets for an impact weapon strike unless the officer is justified in the use of deadly force. Strikes to these areas
can produce great bodily harm, permanent injury, or death.
c. Members will not brandish or use an impact weapon as an intimidation device unless attempting to prevent the
further escalation of resistance by a subject.
2.
Nothing in this procedure will prevent an authorized member from utilizing any readily available object as a
substitute intermediate weapon during an emergency.
D. Weaponless physical force defined as:
1.
Applying “hard” empty hand control such as “hard strikes” against a subject’s body with the hand, fist,
forearm, leg, or foot.
2.
Physically wrestling and fighting with a subject who is attempting to resist the lawful orders of the officer.
IV. MEDICAL AID AFTER USE OF FORCE:
In all cases of use of force, whether nondeadly or deadly, the officer
will obtain or administer first aid when safely possible.
A.
Medical treatment will be summoned immediately when a subject is injured or complains of an injury following
the use of force.
B.
When transportation to a medical facility is required, EMS or TPD may do so, as circumstances dictate. TPD
personnel must accompany EMS personnel if the subject is under arrest.
C.
The arresting officer will notify booking personnel of any arrestee sprayed with OC.
D.
Individuals who have been sprayed with OC will be provided with the following relief measures, when possible,
after the subject has complied with the officer:
1.
Remove the subject from the area of exposure and place him or her in the fresh air.
2.
Reassure the subject that the effects of OC spray are temporary and that the discomfort will diminish.
3.
Provided the person is passive and conditions permit, subjects sprayed with OC should be allowed to face the
wind. If possible, flush the subject's face with water or apply a wet paper towel to expedite recovery.
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G.O. 1.3C
4.
During transportation the subject should be monitored for breathing difficulty, nausea, or unconsciousness.
5.
Never leave a subject unattended until he or she has completely recovered from the effects of the spray.
6.
Individuals having trouble in recovering should receive medical attention if symptoms have not disappeared
within one hour.
V. REPORTING AND INVESTIGATING USE OF FORCE INCIDENTS:
A. Non-deadly Force:
In every circumstance when a member uses nondeadly force, or takes any action resulting in
minor
injury or the likelihood of injury, or unintentionally discharges his or her firearm (without injury), the following
will apply:
1. Member Responsibilities:
a. Immediately notify and inform the on duty supervisor of the circumstances surrounding the incident.
b. Photograph any visible injury to the suspect at the time medical attention is administered.
c. Document the details of the incident in both an Offense/Incident Report and a Use of Force report.
2. Supervisor Responsibilities:
a. The immediate supervisor will review the reports and related documentation for completeness in accordance
with report writing guidelines and for conformance with agency policy on the use of force. If further investigation
is warranted, the supervisor will notify the appropriate investigative units.
all
1) One copy of reports related to the incident must be forwarded, via the chain of command, to the Chief of
Police within 24 hours of occurrence.
b. The Chief will review the reports to confirm conformance to agency use of force policies. Upon completion of
this review, the copies of the reports will be appropriately filed.
B. Use of Firearms/Deadly Force:
Upon the use of deadly force, the discharge of a firearm by an officer for other
serious
than training or recreational purposes or any other officer action that results in, or is alleged to have resulted in
injury or death of another person, the following will apply:
1. Member Responsibilities:
a. Immediately notify the Communications Division of the incident and location, request Emergency Medical
Services if needed, and request the appropriate field supervisor to respond.
b. Secure the incident scene and summon sufficient backup personnel if necessary.
c. Remain at the incident scene (unless injured) until the arrival of the appropriate supervisor. However, if the
circumstances are such that the member’s presence at the scene might cause a more hazardous situation to
develop, the supervisor has the discretion to instruct the member to relocate to an alternate location.
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G.O. 1.3C
d. When applicable, secure and protect the firearm without unloading it and turn over the firearm to the evidence
custodian. If circumstances are such that another member takes possession of the firearm, that member is respon-
sible for properly submitting it to the property evidence custodian, and completing the required documentation.
e. If physically able, the member must verbally report his or her involvement. This report must be committed to
writing as soon as practical thereafter and a Use of Force Report must be completed.
2. Supervisor Responsibilities:
The on duty supervisor will immediately respond to the scene and be responsible
for the following:
a. Assume and maintain control of the scene until/unless relieved by the appropriate authority;
b. Notify the Chief and Operations Commander of the incident.
c. Ensure that other members involved in the incident properly document their participation.
d. Notify the State Attorney’s Office.
3. Administrative Investigation:
The Operations Commander will direct the administrative investigation of an
incident involving the use of deadly force or accidental discharge of a firearm resulting in serious injury or death.
The administrative investigation may be conducted at the conclusion or with any related Criminal Investigation
Bureau investigation, or at the direction of the Police Chief.
a. The Operations Commander will complete the investigation and forward a report to the Chief within 72 hours.
(The Chief may grant an extension, if appropriate.
)
C. Relief from Duty (non-disciplinary); Mandatory Psychological Support:
1.
In all instances in which a member whose actions result in death or serious physical injury to themselves or others
will be removed from line-duty immediately and may be placed on administrative leave until completion of the
preliminary investigation. This leave will be without loss of pay or benefits pending the results of the investigation.
2.
The leave will not be interpreted to imply that the officer has acted improperly. Upon approval of the Chief, the
officer may be assigned to administrative duties.
3.
In all cases where a person has been seriously injured or killed as a result of the application of deadly force by an
officer, the member(s) directly involved in the incident will undergo a mandatory psychological evaluation and
counseling within three days of the incident.
a. The purpose of the evaluation and counseling is to assist the officer in dealing with the psychological aftereffect
of the incident.
b. The psychological appointment will not be related to any investigation of the incident and nothing discussed in
the debriefing will be reported to the agency.
c. The Police Department will provide for such evaluation and counseling by a professional psychologist selected
at the discretion of the Chief.
d. The psychologist will advise the agency, via a letter to the Chief, that the officer has been counseled.
4.
While on administrative leave, the officer will be available for agency interviews and will be subject to recall to
duty at any time.
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G.O. 1.3C
VI. USE OF FORCE/LEVELS OF RESISTANCE MATRIX:
Matrix Content:
The graphic in Annex A depicts the Use of Force/Levels of Resistance Matrix approved and
accepted by the Florida Department of Law Enforcement (FDLE) and the State of Florida Criminal Justice Standards
and Training Commission (CJSTC). All certified members will be made aware of the contents and application of this
matrix through academy and in-service training session.
RESISTANCE LEVELS:
Level 1
Presence:
A subject is on the scene in attendance of suspicious activity.
Level 2
Verbal Resistance:
The subject verbally refuses to comply or respond. He does not employ any physical force to
defeat the actions of the officer, but the officer must use physical maneuvers to establish control.
Level 3
Passive Physical Resistance:
The subject physically refuses to comply or respond. He does not attempt to defeat
the actions of the officer but forces the officer to employ physical maneuvers to establish controls.
Level 4
Active Physical Resistance:
The subject makes physically evasive movements to defeat an officer’s attempt at
control. This may be in the form of bracing or tensing, attempting to push/pull away, or not allowing the officer to
get close to him.
Level 5
Aggressive Physical Resistance:
The subject makes overt, hostile, attacking movements that may cause injury,
but are not likely to cause death or great bodily harm to the officer or others.
Level 6
Aggravated Physical Resistance:
The subject makes overt, hostile, attacking movements with or without a
weapon with the intent and apparent ability to cause death or great bodily harm to the officer or others.
OFFICER RESPONSE LEVELS:
Level 1
Arrival (Presence):
The officer is present on the scene. This includes proper voice and/or other identification,
body language, and awareness by the subject that he is dealing with an officer.
Interview Stance:
The officer adopts a stance outside his danger zone that provides appropriate protection and
forms the basis of an effective physical response if attacked.
Touch:
The officer employs a soft assisting touch when directing, or a firm, strong touch before escalating to a
higher level of force.
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G.O. 1.3B
Level 2
Dialogue:
A two-way, controlled, non-emotional communication between the officer and the subject, aimed at
problem identification and/or resolution.
Verbal Direction:
The officer tells or commands a subject to engage in, or refrain from, a specific action or non-
action.
Level 3
Restraint Devices:
Mechanical tools used to restrict a subject's movement and facilitate searching such as,
handcuffs, flex cuffs, leg irons, etc., OC Spray is considered in this category.
Transporters:
Techniques used to control and/or move a subject from point A to point B with minimum effort
by the officer to gain and retain control over the subject.
Takedown:
Techniques that redirect a subject to the ground in a controlled manner to limit physical resistance
and to facilitate the application of a restraint device.
Pain Compliance:
Techniques that force a subject to comply with an officer as a result of the officer inflicting
controlled pain upon specific points in the subject's body, such as pressure point techniques.
Countermove:
Techniques that impede a subject's movement toward an officer or others such as, blocking,
striking, distracting, kicking, parrying, dodging, weaving, redirecting or avoiding, followed by appropriate
controlling techniques.
Level 4
Intermediate Weapons:
Impact weapons that are primarily used to control a subject such as a baton,
expandable baton, and flashlight.
Level 5
Incapacitation:
Techniques intended to stun or render a subject temporarily unconscious, delivered with or
without an impact weapon, such as a strike to a major nerve area.
Level 6
Deadly Force:
Techniques that may result in imminent death or serious injury, unconsciousness, or permanent
disfigurement, such as impact weapon strikes to head or use of firearms. Deadly force techniques are a last resort.
The Use of Force/Levels of Resistance Matrix is meant to be used as a guideline for an officer to select effective,
reasonable, and legal force options in a verbal or physical encounter. As a subject increases his resistance level from
verbal to physical, an officer may have to increase the level of his response until the resistance ceases and the officer
can gain control of the subject. As soon as the point of subject compliance is reached, the officer must de-escalate his
response level to the minimum force necessary to control the subject.
Many factors must be evaluated by an officer when determining the appropriate response to a subject's resistance.
For instance, an unarmed, small-framed juvenile may be displaying Level 5 resistance, but would probably only
require a Level 3 response by the average officer. On the other hand, an officer’s response to a large and
obviously strong person demonstrating even mild resistance may be escalated to a relatively high point on the
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G.O. 1.3B
matrix. It must be remembered that an officer need not retreat to control a subject lawfully, but may utilize the
amount of force necessary to accomplish his lawful task. This is not to say, that a tactical retreat in the face of
overwhelming odds may not be a wise choice.
Additional factors that must be considered when making use of force decisions include:
SUBJECT FACTORS:
1.
Seriousness of crime committed by the subject.
2.
Size, age, and weight of the subject
.
3Apparent physical ability of the subject
4
. Number of subjects present who are involved, or who may become involved.
5.
Weapons possessed by or available to the subject.
6.
Known history of violence by the subject.
7.
Presence of innocents or potential victims in the area.
8.
Whether the subject can be recaptured later.
9.
Whether evidence is likely to be destroyed
OFFICER FACTORS:
1.
Size, physical ability, and defensive tactics expertise of the officer.
2.
Number of officers present or available.
3.
Immediate reactive response to sudden attack.
4.
Weapons or restraint devices available to the officer.
5.
Legal requirements.
6.
Agency policy.
GLOSSARY:
EXIGENT CIRCUMSTANCES - Something arising suddenly out of the current of events; any event or occasional
combination of circumstances, calling for immediate action or remedy. A sudden and unexpected happening or an
unforeseen occurrence or condition.
AGGRESSIVE ACTION - A physical assault against a member that could lead to severe physical injury.
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G.O. 1.3B
DEADLY USE OF FORCE - The use of force in a defensive manner by a member to overcome a person's physical
resistance to a member's performance of a legal duty, to protect a member or another person from physical resistance or acts
of aggression that are likely to cause death or serious physical injury
GREAT BODILY HARM - A bodily injury that creates a substantial risk of death, causes serious permanent disfigurement,
or results in long-term loss or impairment of the functioning of any bodily member or organ. The phrases "great bodily harm"
and "serious physical injury" are considered synonymous for purposes of this order.
INTERVIEW STANCE - In such a stance the firearm or strong side leg is back; the non-firearm or support side leg is
forward; the feet are about shoulder width apart; knees slightly bent, giving balance, control, and
a lower body center of gravity; equally distributed body weight; and the hands are up for guarding the upper body.
NONDEADLY USE OF FORCE - That defensive action that neither is likely nor intended to cause death or serious physical
injury.
PHYSICAL CONTROL - The necessary employment of law enforcement restraints and/or other use of force by a member
without the use of intermediate or lethal weapons.
PHYSICAL RESISTANCE - A physical attempt to resist or elude control of a member.
REASONABLE BELIEF - The facts or circumstances a member knows, or should know, which are such as to cause an
ordinary and prudent person to act or think in a similar way under similar circumstances.
SERIOUS PHYSICAL INJURY - A bodily injury that creates a substantial risk of death; causes serious, permanent
disfigurement; or results in long-term loss or impairment of the function of any body member or organ.
USE OF FORCE - The use of force in a defensive manner by a member to overcome a person's physical resistance to a
member's performance of a legal duty, to protect a member or another person from physical resistance or acts of aggression
that are likely to cause bodily harm, or is used to apprehend a fleeing criminal suspect.
VERBAL RESISTANCE - A refusal to comply with lawful orders or commands. Verbal threats or assaults also are verbal
resistance.
INDEXING:
USE OF FORCE
USE OF FORCE MATRIX
DEADLY FORCE
DEADLY USE OF FORCE
EXPANDABLE BATON
FIREARMS
HANDCUFFING
BATON
INVESTIGATING USE OF FORCE
OLEORESIN CAPSICUM SPRAY (O.C.)
PEPPER SPRAY
REPORTING USE OF FORCE
RESISTANCE AND CONTROL
RESISTANCE/CONTROL CONTINUUM
RESTRICTION, FIREARM
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G.O. 1.3B
DRAFTED:
DJR/November 26, 2004/Filed: Usefrce1.3
APPROVED
Pete Pitocchelli, Chief DATE: September 05, 2012
Tequesta, Florida
ANNEX A
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G.O. 1.3B
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