12.550 Use of Deadly Force in Law Enforcement

Use of Deadly Force

• Police officers are authorized to use force that is reasonably necessary to protect themselves or others from serious physical harm or death.
• The use of force must be based on an apprehension of real or immediate danger from an overt or constructive act by another person.
• Police officers must exhaust all other reasonable means before resorting to the use of firearms.
• An officer is not required to retreat in lieu of using deadly force if they reasonably believe it is necessary.
• The safety of innocent persons is paramount, and officers should take steps to ensure their safety if there is a substantial risk.
• Police officers may not use deadly force merely to prevent escape in misdemeanor cases.
• To use deadly force to prevent the escape of felony suspects, the officer must reasonably believe that the suspect's escape presents an immediate risk of death or serious physical harm to others.

Warning Shots

• Warning shots should only be used if the officer is convinced that it will save a life or alleviate the need to take a life.
• The officer must be certain that a warning shot will not endanger innocent bystanders.

Felonies

• When arresting a fleeing felon, the use of firearms is authorized as a last resort only when all other reasonable means have failed and:
  • The officer has probable cause to believe the suspect has committed or is committing a felony.
  • The suspect presents an immediate risk of death or serious physical harm to the officer or another person.
• The officer should give a verbal warning before using a firearm if possible.
• A general information broadcast or computer query that a subject is wanted does not provide authority for an officer to use a firearm.

Misdemeanors

• In all other felonies or misdemeanors, police personnel will not fire shots even if the perpetrator attempts or succeeds in fleeing.

Excessive Force

• An officer who uses unnecessary or excessive force, or acts wantonly and maliciously, could be found guilty of assault or culpable homicide.

Reporting Shots Fired

• All shots fired by police personnel must be reported to an on-duty supervisor immediately.
• This includes shots fired at or against an individual, warning shots, shots fired at animals, accidental discharges, and shots fired from any firearm by off-duty personnel except for target or competition shooting, hunting, or military service.
• Personnel who have knowledge of a shot fired by another officer must also report the incident to an on-duty supervisor immediately.
• The investigating supervisor will notify Emergency Communications Section (ECS) and the appropriate personnel on the Situational Occurrences Notification List.

Investigating Shots Fired at Individuals

• The investigating supervisor will:
  • Ensure protection of the scene.
  • Notify ECS, who will notify the Criminal Investigation Section (CIS) desk officer.
  • Ensure that no one takes the officer’s pistol, Body Worn Camera (BWC), or gun belt at the scene.

De-escalation

• Officers should attempt to use non-confrontational verbal skills, empathy, and active listening to stabilize a person in crisis or when confronted with a situation requiring control.
• The suspect should be allowed to comply before force is used unless this poses unnecessary danger to the officer or others.
• De-escalation may involve additional time, distance, and resources, as well as persuasion, command presence, repositioning, and warnings.

Critical Firearm Discharge Review Board

• The department will review all critical firearm discharges.
• The report will include a description of the incident, a summary and analysis of all relevant evidence, proposed findings, and analysis to support those findings.
• The board will determine:
  • Whether all uses of force during the encounter were consistent with Department policy and training.
  • Whether the officer(s) involved employed proper tactics.
  • Whether lesser force alternatives were reasonably available.
• The FDB chairperson will prepare and present a summary report reviewing each closed critical firearm discharge from the preceding year to the Police Chief.
• This report will include analysis of patterns and problems discovered during the review.

This quiz explores the principles and regulations surrounding the use of deadly force by police officers. It covers key factors that officers must consider before using such force, including the necessity of protecting oneself or others from serious harm. Test your understanding of the protocols and legal implications involved in these critical situations.