Use of Force Policy Guidelines

• The purpose of the Use of Force Policy is to provide guidelines for police officers regarding the use of deadly and less-lethal force.
• This policy isn't meant to create doubt but to offer guidelines for using firearms confidently and should be viewed as an administrative guide, not a standard for civil or criminal litigation.

Policy

• The Fort Wayne Police Department respects human life and balances human interests when using force.
• Police officers should use only the amount of force reasonably necessary to control an incident while protecting lives and overcoming resistance.
• Officers are armed to protect themselves/others from death or serious injury or to apprehend fleeing felons who pose a substantial risk of death or serious bodily injury to others.
• The main responsibility of officers is to protect the public.
• Officers cannot fire under certain conditions that would subject bystanders or hostages to death or injury, unless there's an immediate threat of death or serious injury.
• Officers must receive and understand this policy before being authorized to carry any department-approved weapon.

Definitions

• "Deadly Force" (IC 35-31.5-2-85) is force creating a substantial risk of serious bodily injury (IC 35-31.5-2-292).
• "Deadly Weapon" (IC 35-31.5-2-86) includes loaded/unloaded firearms, weapons/devices, tasers (IC 35-47-8-3), electronic stun weapons (IC 35-47-8-1), and other materials readily capable of causing serious bodily injury.
• Deadly weapons also includes animals (IC 35-46-3-3) readily capable of causing serious bodily injury, biological diseases, viruses, or organisms capable of the same.
• "Firearm" means any authorized handgun, shotgun, or rifle by Fort Wayne Police Department.
• "Less-Lethal Force" means weapons/tactics designed to control resisting suspects without causing death/serious injury.

Types of resistance

• Psychological Intimidation: Non-verbal cues indicating a subject's attitude, appearance, and physical readiness.
• Verbal Non-Compliance: Unwillingness to comply with orders or threats against others.
• Passive Resistance: Actions that hinder/prevent an officer from gaining control by refusing commands.
• Defensive Resistance: Physical actions to prevent an officer from gaining control but without intent to harm.
• Active Aggression: Physical assault against the officer/others with less than deadly force.
• Deadly Force Assaults: Actions likely to result in serious bodily injury/death.

Response to Resistance Continuum

• A display of authority by the visual presence of the uniform is officer presence.
• Verbal Direction: Directions and commands are given to the suspect(s).
• Soft Empty Hand Techniques: Restraining/detaining suspects with the intent of gaining control (e.g., holding, touch pressure points, escort positions, joint manipulations). Distraction techniques precede joint manipulations.
• Hard Empty Hands Techniques: Active counter-measures/striking techniques. Examples include: strikes, kicks, knees, and forearms, with takedowns.
• Intermediate Weapons: Used to assist officers in controlling resistive/combative suspects. Examples include: impact weapon strikes & blocks, Conducted Energy Device (CED), K-9.
• Less Lethal Impact Munitions are also inermediate weapons.
• Deadly Force: Force creating a substantial risk of serious bodily injury/death.

Procedures

• Evaluate factors to determine the level of force needed.
• Factors include: the level of resistance encountered, relative age/size of the officer and subject, fighting skill level, influence of drugs/alcohol, injury/exhaustion, availability of assistance, proximity of weapons, and environmental factors.
• Special circumstances may cause rapid escalation in the continuum.
• These include: imminent danger, suspect exhibiting pre-assault indicators, special knowledge, proximity to the officer's firearm, multiple subjects.
• All sworn officers must intervene to prevent/stop excessive force by another officer, if safe and reasonable.

Less-Lethal Force

• Less-lethal force or munitions is to rapidly gain control of a suspect(s) when making lawful arrests, overcoming resistance to such arrests, prevent escapes from custody, in self-defense or in the defense of another person, prevent suicide or self-inflicted injury, prevent or interrupt an intrusion or interference with the lawful possession of premises or property, make an investigative detention of a person or suspect(s) whom the officer reasonably believes is committing, has committed, or is about to commit a crime, prevent assaults on officers and citizens, subdue potentially violent or combative subject(s), and effect a lawful arrest when other means of lesser or equal force have been or will likely be ineffective and the threat still exists to the officer(s), suspect(s), and others, without resorting to deadly force.
• Less-lethal munitions (except CS/OC) will not be aimed at the head, neck, or genital areas unless deadly force is justified
• Medical aid must be provided prior to incarceration. If feasible, photographs should be taken of injuries found on the suspect(s) prior to treatment and placed into evidence.
• The use of CS/OC chemical agent requires that, at a minimum, the officer(s) allow the victim access to fresh air and, if requested, fresh water.
• Procedures outlined within the Rules and Regulations Manual shall be followed in the event the victim requires hospitalization or treatment.
• This use of chemical agents is restricted in certain situations: large crowd, imminent threat of injury or property damage, or to extricate a dangerous felon from a barricaded building or position. This doesn't limit the individual police officer from utilizing personal protection chemical devices when necessary for personal protection.
• “CS/OC or OC" gas must not be used indiscriminately, but with discretion and good judgment. It may be used for: defense of self or others against an unarmed attack, to subdue a person who is resisting or interfering with an arrest and to quell a disturbance or confrontation not directed at the police officer as a substitute for the baton.

Impact Weapons

• Impact weapons may be used in the defense of one's self or others against an unarmed attack and to subdue a person who is resisting or interfering with an arrest.
• Officers cannot intentionally strike/jab suspect(s) in the head, neck, spine, or groin with an impact weapon unless deadly force is justified.
• Only officers who have completed the required four (4) hour training course of instruction in Less Lethal Impact Munitions (LLIM's) will be authorized to carry and deploy the Dedicated Less Lethal shotgun and LLIM's.
• The only shotgun authorized for the delivery of the Def Tec #23DS will be the department issued Dedicated Less Lethal Remington 870 12ga. Shotgun which will be clearly identifiable by its bright orange butt stock and fore end.
• The only munition authorized to be fired from this weapon will be the Def Tec #23DS Bean Bag round.
• Before delivery of the LLIM's, the officer shall, when feasible, alert the other officers present of their impending deployment with a verbal warning such as “Bags, Bags, Bags".
• Target LLIM's consistent with the training and recommendations of the Def Tec #23DS manufacturer. Unless lethal force is justified, the head, neck, spine, groin and upper chest should not be intentionally targeted.

Deadly Force

• An officer is justified to use deadly force to to prevent serious bodily injury to him/herself or a third person and/or to effect an arrest of a person committing a forcible felony.
• Forcible Felony (IC 35-31.5-2-138) is a felony involving force/threat of force against a human, or which has imminent danger of bodily injury to someone. Serious Bodily Injury (IC 35-31.5-2-292) is a bodily injury creating substantial risk of death, serious disfigurement, unconsciousness, extreme pain, or loss/impairment of bodily function/organ.
• Police officers must identify themselves and state intent to shoot before using a firearm, when tactically feasible.
• Police officers shall adhere to restrictions that they should not exhibit their firearms unless circumstances create reasonable cause to believe that it may be necessary to use the firearm in conformance with this policy.
• Warning shots are prohibited and firearms shall not be discharged at a moving vehicle unless a person in the vehicle is threatening the officer or another person with deadly force by means other than the vehicle and/or the vehicle is used to strike an officer or another person.
• No firearm shall be held in direct contact with an individual except as a last resort when the use of deadly force is justified
• Whenever an officer employs deadly force, Emergency Medical Service personnel must be called to the scene, regardless of injury severity.

Reports

• Any officer discharging a firearm must make a Firearms Discharge Report.
• Every time force is used to subdue/control a subject, a Use of Force Template must be completed in full.

Patrol knives

• Primary use of patrol knives is as a utility instrument.
• Patrol knives may be used as a defensive tool when no other means are available or the patrol knife is the most appropriate means.
• Officers using their patrol knives as a tool shall reference such use in their report of the incident.