Use of Force Policy 06
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I. PU RP OS E The purpose of this policy is to provide law enforce- ment officers of this agency with guidelines for the use of deadly and nondeadly force. II. POLICY It is the policy of this law enforcement agency that officers use only the force that reasonably appears nec- essary to effectively bring an incident under control, while protecting the lives of the officer and others. It must be stressed that the use of force is not left to the unfettered discretion of the involved officer. This is not a subjective determination. The use of force must be objectively reasonable. The officer must only use that force which a reasonably prudent officer would use under the same or similar circumstances. III. DEFINITIONS Deadly Force: Any use of force that creates a sub- stantial risk of causing death or serious bodily harm. Nondeadly Force: Any use of force other than that which is considered deadly force. This includes any physical effort used to control or restrain another, or to overcome the resistance of another. Objectively Reasonable: This term means that, in determining the necessity for force and the appropri- ate level of force, officers shall evaluate each situation in light of the known circumstances, including, but no t limited to, the seriousness of the crime, the level of threat or resistance presented by the subject, and the danger to the community. IV. PROCEDURES A. Use of Dead ly Force 1. Law e nforc ement officers are a uthorize d to use deadly force when one or both of the following apply: a. T o prote ct the offic er or others from what i s reasonably believed to be a threat of death or serious bodily harm. b. T o prev ent the escap e of a fleei ng viol ent felon who the officer has probable cause to believe will pose a significant threat of death or serious physical injury to the offi- cer or others. Where practicable prior to discharge of the firearm, officers shall iden- tify themselves as law enforcement officers and state their intent to shoot. B. Deadly Force Restri ctions 1. Offi cers may us e dea dly f orce to des troy an ani - mal that represents a threat to public safety, or as a humanitarian measure where the animal is seriously injured, when the officer reasonably believes that deadly force can be used without harm to the officer or others. 2. Gener ally , warni ng sh ots sh ould no t be f ired. 3. Fir earm s sha ll not b e disc har ged at a movin g vehicle unless a person in the vehicle is immedi- ately threatening the officer or another person with deadly force by means other than the vehi- cle. The moving vehicle itself shall not presump- tively constitute a threat that justifies an officer’s use of deadly force. An officer threatened by an oncoming vehicle shall move out of its path instead of discharging a firearm at it or any of its occupants. C. Use of Non deadl y Force 1. Whe re de adly force is not authorized, o ffi cers may use only that level of force that is objective- ly reasonable to bring an incident under control. 2. Off icer s are a uthorized to use de partment- Model Policy USE OF FORCE Effective Date Number February 2006 Subject Use of Force Reference Special Instructions Distribution Reevaluation Date No. Pages 2
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Transcript of Use of Force Policy 06
8/14/2019 Use of Force Policy 06
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I. PURPOSE
The purpose of this policy is to provide law enforce-ment officers of this agency with guidelines for the useof deadly and nondeadly force.
II. POLICYIt is the policy of this law enforcement agency thatofficers use only the force that reasonably appears nec-essary to effectively bring an incident under control,while protecting the lives of the officer and others. Itmust be stressed that the use of force is not left to theunfettered discretion of the involved officer. This is
not a subjective determination. The use of force must be objectively reasonable. The officer must only usethat force which a reasonably prudent officer woulduse under the same or similar circumstances.
III. DEFINITIONSDeadly Force: Any use of force that creates a sub-
stantial risk of causing death or serious bodily harm.Nondeadly Force: Any use of force other than that
which is considered deadly force. This includes anyphysical effort used to control or restrain another, or to
overcome the resistance of another.Objectively Reasonable: This term means that, in
determining the necessity for force and the appropri-ate level of force, officers shall evaluate each situationin light of the known circumstances, including, but notlimited to, the seriousness of the crime, the level of threat or resistance presented by the subject, and thedanger to the community.
IV. PROCEDURESA. Use of Deadly Force
1. Law enforcement officers are authorized to use
deadly force when one or both of the followingapply:a. To protect the officer or others from what is
reasonably believed to be a threat of deathor serious bodily harm.
b. To prevent the escape of a fleeing violentfelon who the officer has probable cause to believe will pose a significant threat ofdeath or serious physical injury to the offi-cer or others. Where practicable prior todischarge of the firearm, officers shall iden-tify themselves as law enforcement officers
and state their intent to shoot.B. Deadly Force Restrictions1. Officers may use deadly force to destroy an ani-
mal that represents a threat to public safety, oras a humanitarian measure where the animal isseriously injured, when the officer reasonably believes that deadly force can be used withoutharm to the officer or others.
2. Generally, warning shots should not be fired.3. Firearms shall not be discharged at a moving
vehicle unless a person in the vehicle is immedi-ately threatening the officer or another person
with deadly force by means other than the vehi-cle. The moving vehicle itself shall not presump-tively constitute a threat that justifies an officer’suse of deadly force. An officer threatened by anoncoming vehicle shall move out of its pathinstead of discharging a firearm at it or any of itsoccupants.
C. Use of Nondeadly Force1. Where deadly force is not authorized, officers
may use only that level of force that is objective-ly reasonable to bring an incident under control.
2. Officers are authorized to use department-
Model PolicyUSE OF FORCE
Effective Date Number
February 2006
SubjectUse of Force
Reference Special Instructions
Distribution Reevaluation Date No. Pages
2
8/14/2019 Use of Force Policy 06
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approved, nondeadly force techniques andissued equipment when one or more of the fol-lowing apply:a. To protect the officer or others from physi-
cal harm. b. To restrain or subdue a resistant individualc. To bring an unlawful situation safely and
effectively under control.
D. TrainingIn addition to training required for firearms quali-fication, officers shall receive agency-authorizedtraining designed to simulate actual shooting situ-ations and conditions and, as otherwise necessary,to enhance officers’ discretion and judgment inusing deadly and nondeadly force in accordancewith this policy.
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Every effort has been made by the IACP National Law Enforcement PolicyCenter staff and advisory board to ensure that this model policy incorporates themost 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 lawenforcement agency operates in a unique environment of federal court rulings, statelaws, local ordinances, regulations, judicial and administrative decisions and col-lective bargaining agreements that must be considered. In addition, the formula-tion of specific agency policies must take into account local political and communi-ty perspectives and customs, prerogatives and demands; often divergent lawenforcement strategies and philosophies; and the impact of varied agency resource
capabilities among other factors.
This project was supported by Grant No. 2000-DD-VX-0020 awarded by theBureau of Justice Assistance, Office of Justice Programs, U.S. Department of Justice.The Assistant Attorney General, Office of Justice Programs, coordinates the activi-ties of the following program offices and bureaus: the Bureau of Justice Assistance,the Bureau of Justice Statistics, National Institute of Justice, Office of Juvenile Justiceand Delinquency Prevention, and the Office of Victims of Crime. Points of view oropinions in this document are those of the author and do not represent the officialposition or policies of the United States Department of Justice or the IACP.
© Copyright 2006. International Association of Chiefs of Police, Alexandria,
Virginia U.S.A. All rights reserved under both international and Pan-Americancopyright conventions. No reproduction of any part of this material may be madewithout prior written consent of the copyright holder.
