1022 - Use of Force.docx

MANATEE COUNTY SHERIFF'S OFFICE GENERAL ORDER NUMBER 1022 – USE OF FORCE This General Order rescinds General Order 1022 dated July 12, 2022, and all of its addenda and revisions and any other General Order dealing with these issues. Effective Date: December 22, 2023 To: All Personnel TABLE OF CONTEN...

MANATEE COUNTY SHERIFF'S OFFICE GENERAL ORDER NUMBER 1022 – USE OF FORCE This General Order rescinds General Order 1022 dated July 12, 2022, and all of its addenda and revisions and any other General Order dealing with these issues. Effective Date: December 22, 2023 To: All Personnel TABLE OF CONTENTS PURPOSE 2 POLICY 2 CORE PRINCIPLES……………………….. 2 PROCEDURES 3 NOTIFICATIONS REGARDING USES OF FORCE 14 REPORTING REQUIREMENTS & REAL-TIME REVIEW 15 OFFICE OF PROFESSIONAL STANDARDS USE OF FORCE REVIEW 17 USE OF FORCE DATA COLLECTION, ANALYSIS, AND SUBMISSION 18 TRAINING REGARDING USE OF FORCE 20 DEFINITIONS 21 PURPOSE 1.0 The primary purpose of this General Order (GO) is to ensure deputies respect the sanctity of life when making decisions regarding use of force. Sworn deputies of the Manatee County Sheriff’s Office (MCSO) have been granted the extraordinary authority to use force when necessary to accomplish lawful ends. That authority is grounded in the responsibility of deputies to comply with the laws of the State of Florida regarding the use of force and to comply with the provisions of this General Order. Equally important is law enforcement’s obligation to prepare individual deputies in the best way possible to exercise that authority. <CFA 4.01M> 1.1 In situations where law enforcement deputies are justified in using force, the utmost restraint should be exercised. Use of force should never be considered routine. In exercising this authority, deputies must respect the sanctity of all human life, act in all possible respects to preserve human life, do everything possible to avoid unnecessary uses of force, and minimize the force that is used, while still protecting themselves and the public. POLICY 2.0 This GO applies to all deputy uses of force. This GO establishes guidelines for deputies with regard to use of force. This GO applies to all uses of force, whether deputies are on or off-duty. This GO complements the Critical Decision-Making model (CDM) that is the core of the MCSO’s use of force training. CDM provides deputies with an organized way of making decisions about how they should act in potential use of force situations. 3.0 This GO recognizes constitutional principles but aspires to go beyond them. The Fourth Amendment requires that a deputy’s use of force be “objectively reasonable,” Graham v. Connor, 490 U.S. 386 (1989). Under this standard, a deputy may only use force that a reasonable law enforcement officer would if facing similar circumstances. The objectively reasonable standard acknowledges the difficult decisions that deputies are forced to make under rapidly evolving and often unpredictable circumstances, but it does not provide specific guidance on what to do in any given situation. The Constitution provides a “floor” for government action. The MCSO aspires to go beyond the Graham decision and its minimum requirements. Sound judgment and the appropriate exercise of discretion will always be the foundation of all MCSO deputies’ decision making in the broad range of possible use of force situations. It is not possible to entirely replace judgment and discretion with detailed policy provisions. Nonetheless, this GO is intended to ensure that de-escalation techniques are used whenever feasible, that force is only used when necessary, and that the amount of force used is proportionate to the situation that a deputy encounters.<CFA 4.01M> The Manatee County Sheriff’s Office’s core use of force principles are as follows: CORE PRINCIPLE #1: Deputies may use force only to accomplish specific law enforcement objectives. CORE PRINCIPLE #2: Whenever feasible, deputies should attempt to de-escalate confrontations with the goal of resolving encounters without force. Deputies may only use force that is objectively reasonable, necessary, and as a last resort. CORE PRINCIPLE #3: Deputies shall use only the amount of force that is proportionate to the circumstances and as a last resort. CORE PRINCIPLE #4: Deadly force is only authorized as a last resort and only in strict accordance with this GO. CORE PRINCIPLE #5: Deputies shall promptly provide or request medical aid. CORE PRINCIPLE #6: Employees have a duty to stop and shall report uses of force that violate any applicable law and/or this directive. 4.0 Deputies have an affirmative, individual duty to ensure compliance with this GO. This GO is not intended to create or impose any legal obligations or bases for legal liability absent an expression of such intent by a legislative body, court, or agency. Nevertheless, deputies have an affirmative, individual duty to ensure compliance with this GO and with applicable state and federal laws. This applies to the deputy’s own conduct, as well as observation or knowledge of the conduct by other employees. This GO reinforces the responsibility of deputies to take those steps possible to prevent or stop illegal or inappropriate uses of force. Actions inconsistent with this GO may result in disciplinary action, up to and including termination. At the same time, deputies whose actions are consistent with the law and the provisions of this GO will be strongly supported in any subsequent review of their conduct regarding the use of force. PROCEDURES 5.0 Deputies may use force to accomplish the following specific law enforcement objectives: 5.1 To effect a lawful seizure (an arrest or detention) or to carry out a lawful search; 5.2 To overcome resistance directed at the deputy or others while performing law enforcement function(s); 5.3 To prevent physical harm to the deputy or to another person, including intervening in a suicide or other attempt to self-inflict injury; 5.4 To protect the deputy, or a third party, from unlawful force; or 5.5 To prevent property damage or loss. 6.0 Deputies may not use or threaten to use force for the following reasons: 6.1 To resolve a situation more quickly, unless the extended delay would risk the safety of persons or property or would significantly interfere with other legitimate law enforcement objectives; 6.2 To punish a person or to retaliate against them for conduct or to impose punishment; 6.3 To force compliance with a deputy’s request, unless that request is necessary to serve officer or public safety, or; 6.4 Due to bias against a person’s race, ethnicity, nationality, religion, disability, gender, gender identity, sexual orientation, or any other protected characteristic. 7.0 Deputies will use de-escalation and force-mitigation tactics and techniques whenever safe and feasible to do so. It should be every deputy’s goal to resolve all situations without using force. However, a deputy is not expected to engage in force de-escalation measures that would jeopardize the safety of him/herself, the community or of any employee. When time and circumstances reasonably permit, deputies shall use de-escalation and force-mitigation tactics and techniques whenever doing so will not put the deputy or another person at undue risk. <CFA 4.01M(b)> 7.1 Deputies will receive training on the Critical Decision-Making (CDM) model, as well as when and how to appropriately use de-escalation and force-mitigation. 7.2 Time offers additional options and resources to resolve an incident with minimal force. When all of the reasonably known circumstances indicate it is safe, prudent, and feasible to do so, deputies shall attempt to slow down, reduce the intensity, and stabilize the situation in order to employ additional time and create additional options for de-escalation. 7.3 De-escalation provides the on scene deputy time to call for additional deputies, utilize other tactics, or request specialty assistance, and may increase the available force options through consideration of other viable alternatives such as: 7.3.1 Decreasing the exposure to the potential threat by using distance or physical barriers between an uncooperative subject and a deputy. 7.3.2 Containing the threat. 7.3.3 Maximizing the use of cover or concealment to reduce the deputy’s exposure to potential threats by placing the deputy’s in a safer position. 7.3.4 Communicating from a safe position to gain the subject’s compliance through the use of verbal persuasion, advisements, and/or warnings. Generally, communication techniques should engage active listening to calm agitated individuals and promote rational decision-making. 7.3.5 The deputy’s physical actions may also de-escalate a potentially volatile/violent situation; i.e., exhibiting a relaxed body language. 8.0 Deputies will provide clear instructions and warnings whenever feasible before using force. Whenever safe and feasible, deputies should not use force immediately when a person is noncompliant to lawful commands. Instead, whenever safe and feasible, before using force, deputies should: 8.1 Provide clear instructions and warnings; 8.2 Seek to communicate using non-verbal techniques when a verbal warning would be inadequate (such as when the person does not speak English, or is unable to hear or understand warnings); 8.3 Indicate the consequences of refusing to comply with a command, including that force will be used unless the person complies; and 8.4 Give the person a reasonable amount of time to comply. 9.0 Deputies shall consider an individual’s apparent mental state, physical condition, or other incapacities prior to using force, whenever safe and feasible. Deputies must, when safe and feasible, consider whether a person’s failure to comply with a deputy’s command is due to a medical condition, mental impairment, physical limitation, developmental disability, language barrier, drug interaction, behavioral crisis, or other factors beyond the individual’s control. In these situations, deputies should consider whether specific techniques or resources would help resolve the situation without force. <CFA 22.10M> 9.1 When the circumstances warrant an application of force, the level of force applied must reasonably reflect the known circumstances surrounding the immediate situation. The deputy needs to only select a level of force that is within the range of "objectively reasonable" options. 9.2 Deputies must rely on training, experience, and an assessment of the situation to decide an appropriate level of force to be applied. Reasonable and sound judgment will dictate the force option to be employed. 9.3 Deputies may either escalate or de-escalate the use of force as the situation progresses or as circumstances change. When a person is under control, either through the application of physical restraint or the person’s compliance, the degree of force shall be de-escalated accordingly. 9.4 Deputies must intervene in any situation where another deputy is observed using unreasonable or unnecessary force. <CFA 4.01M (d)> 10.0 Deputies should not use force unless it is necessary and as a last resort. Deputies should exhaust all other reasonable means before resorting to the use of force. Using force only as a last resort means that deputies not engage in unnecessary, overly aggressive, or otherwise improper actions that create a situation where force becomes needed. Using force only as a last resort also means that a deputy shall not use force if a safe alternative would achieve the law enforcement objective. 11.0 The resistance offered by the subject shall determine the force used by the deputy. The Critical Decision-Making Model (CDM) will help guide a deputy’s use of force actions when time and distance are favorable. When time or distance is limited, and immediate action is required, the OODA Loop model (Observe, Orient, Decide, and Act) may apply. The CDM is a five step critical thinking process, each built around the core values of the MCSO and the policing profession. At the center of the CDM is an ethical core that provides grounding and guidance for the entire process. The elements of the CDM core are: 11.1 Police ethics 11.2 MCSO values 11.3 Concept of proportionality (force applied is proportional to the threat faced) 11.4 Sanctity of all human life 12.0 Every step of the process is connected to the core, and the core informs and guides the deputies throughout the five steps. Everything the deputy does within the CDM must support the ideals in the center, and no action can go against those standards. 13.0 Deputies must evaluate the circumstances facing them in the field to determine whether force is appropriate and what amount is proportionate. Deputies encounter a wide range of situations in the field, but the sanctity of human life should be at the heart of every decision a deputy makes. When force cannot be avoided through de-escalation or other techniques, deputies shall use no more force than is proportionate to the circumstances. In general, the greater the threat and the more likely that the threat will result in injury or death, the greater the level of force that may be immediately necessary to overcome it. Consistent with training, some of the factors that deputies should consider when determining how much force to use include: 13.1 The risk of harm to self or others presented by the person; 13.2 The risk of harm to the deputy, subject, or others should force be used; 13.3 The seriousness of the law enforcement objective; 13.4 Whether further de-escalation techniques are feasible, including the time available to a deputy to make a decision, and whether additional time could be gained through tactical means; 13.5 If there is a practical alternative available to the deputy presenting less risk of harm to the person; 13.6 Any apparent mental or physical disabilities, medical conditions, or other physical and mental characteristics; and 13.7 Whether there are other exigent/emergency circumstances. 14.0 As a situation changes, deputies must re-evaluate the circumstances and continue to respond proportionately. Over the course of an encounter, the circumstances and threats a deputy faces may change. Consistent with training and the CDM process, while using force, deputies shall continually assess the effectiveness, proportionality, and necessity of their actions. 15.0 The MCSO trains deputies on the following range of force options. The force options available to a deputy fall along a continuum. Deputies are not required to exhaust one type of force before moving to a greater force. Sound judgment and the appropriate exercise of discretion will always be the foundation of officer decision making in the broad range of possible use of force situations. The MCSO trains its deputies on the following force options, from least to greatest force: 15.1 Deputy’s Presence (least) 15.2 Verbal Control Techniques 15.3 Physical Contact (guiding contact) 15.4 Holding Techniques (transport holds) 15.5 Compliance Techniques (pain compliance) 15.6 Control Instruments (OC Spray) 15.7 Electronic Control Devices (ECD/TASER) 15.8 Physical Force (strikes, takedown techniques) 15.9 Canine Apprehension 15.10 Impact Weapons (ASP baton) 15.11 Deadly Force (greatest) 16.0 The level of resistance that a deputy encounters is a key factor in determining the proportionate amount of force. It is not possible to determine ahead of time what the proportionate level of force is for every possible situation that deputies may face. Nevertheless, one of the key factors in determining what level of force is necessary and proportionate in a given situation is the level of resistance that a deputy encounters. In general, the less resistance a deputy faces the less force the deputy should need to use. The types of resistance deputies may encounter fall along a continuum, from a cooperative person to a lethal assailant. Consistent with training, the following general rules apply when deputies are exercising judgment in determining what level of force is necessary and proportionate: 16.1 Cooperative Person: When dealing with a cooperative person, deputies may rely on “officer presence” and/or verbal control techniques but should not use greater force. 16.2 Passive Resistor: A subject who uses verbal and/or physical refusal to comply with a deputy’s lawful directions. When dealing with a passive resistor, deputies may rely on police presence, verbal control techniques, holding techniques, compliance techniques, and/or control instruments, but greater force, such as physical force, impact weapons (ASP expandable batons), and Electronic Control Devices (ECD), should not be used. 16.3 Active Resistor: A subject who uses physically evasive movements directed toward the deputy such as bracing, tensing, pushing, or pulling to prevent the deputy from establishing control over the subject. In general, when dealing with an active resistor, the deputy may use minimal force to establish control. In addition to the options available for passive resistors, properly trained personnel may use OC Spray or an ECD in order to gain control.  Takedown techniques may also be initiated but refrain from the use of strikes. Canine apprehension may also be utilized if the canine handler has probable cause to believe that the person has committed a crime, and less intrusive means of apprehension have been exhausted or under the circumstances would be unavailable or ineffective. 16.4 Aggressive Assailant: A subject who uses attacking movements toward a deputy that may cause injury but are not likely to cause death or great bodily harm to the deputy or others. In general, when dealing with an aggressive assailant, deputies have all use of force options, other than deadly force, available to them, including impact weapons (such as batons or less lethal ammunition) and ECDs. Although a range of force options are generally available, particular options can be used only if proportional to the threat faced. For example: less lethal ammunition may be discharged only in response to resistance that poses a substantial risk of serious physical injury. 16.5 Lethal Assailant: A subject uses hostile, attacking movements with or without a weapon that create a reasonable belief that the subject intends to cause and has the capability of causing death or great bodily harm to the deputy or others. In general, when dealing with a lethal assailant, deputies have all force options available, though deadly force should only be used as a last resort and in strict accordance with the guidance below. 17.0 When an individual engages in certain aggressive actions, he/she is considered an aggressive assailant, not a resistor. When a person uses force, threatens to use force, or otherwise acts in an aggressive manner that increases the likelihood that they may cause physical injury to a deputy or to another person, that person is no longer considered cooperative or even a resistor, but instead becomes an aggressive assailant. Flight from a deputy does not, on its own, qualify a person as an aggressive assailant (see Section 28 below for more information). 18.0 When an individual’s actions pose an imminent danger, he/she is considered a lethal assailant, not an aggressive assailant. The difference between an aggressive assailant and a lethal assailant is how immediate a threat the assailant poses to the deputy or another person. When the person poses an imminent danger to the life of the deputy or others, the person is considered a lethal assailant. When the threat exists but does not amount to imminent danger, the person is considered an aggressive assailant. 19.0 Special requirements must be met before a deputy may display a firearm. Unholstering or pointing a firearm are tactics that should be used with great caution. The presence of a deputy’s firearm, under the right circumstances, can discourage resistance and ensure officer safety in potentially dangerous situations without the need to resort to actual force. At the same time, however, unnecessarily, or prematurely drawing a firearm can limit a deputy’s options in controlling a situation, will create great anxiety on the part of citizens, and may result in an unwarranted or accidental discharge of the firearm. Accordingly, deputies should only display their firearms in appropriate tactical situations and using the following principles as guidance: 19.1 Pointing a firearm. Consistent with training, deputies may point a firearm at a person only when circumstances create a reasonable belief that it may be immediately necessary for the deputy to use deadly force. When the deputy no longer reasonably believes that deadly force may be immediately necessary, the deputy shall, as soon as practicable, secure or holster the firearm. 19.2 Unholstering a firearm. Consistent with training, deputies may unholster or otherwise display a firearm only when circumstances create a reasonable belief: (1) that the deputy is permitted to point a firearm at a person, or (2) that unholstering or displaying the firearm may itself help establish or maintain control in a potentially dangerous situation. 20.0 Persons under a deputy’s control should be positioned in a way so that their breathing is not obstructed. After gaining control of a person, deputies shall position the person in a manner to allow the person to breathe unobstructed by getting the person off their stomach and positioning them on their side or upright. Deputies shall not sit, kneel, or stand on a person’s neck in order to gain or maintain control. 20.1 Vascular neck restraint techniques are prohibited by the MCSO and are not taught by this agency. <CFA 4.01M (a)> 20.2 Furthermore, these techniques are not included in any in-service training. 20.3 Vascular neck restraint techniques are included in the CJSTC curriculum but are prohibited by this agency unless it is a life or death situation that would justify the use of deadly force. 21.0 In addition to this GO, specific weapons General Orders remain applicable. In addition to the requirements of this directive, deputies may only use weapons in a manner consistent with specific MCSO weapons policies, such as General Order 1021, Firearms and Less Lethal, and other relevant General Orders. 21.1 Only issued or approved less lethal defense weapons are authorized for use by MCSO personnel. MCSO personnel are not permitted to use a less lethal defense weapon unless qualified and proficient in its use as determined by training procedures. <CFA 4.05M> <CFA 4.06M> 21.2 Less lethal weapons are not authorized for personal off-duty use. 22.0 Factors for Deciding the Use of Deadly Force. Deputies shall use three criteria for making deadly force decisions: ability, opportunity, and intent. <CFA 4.01M> 22.1 Ability refers to the subject having the means to carry out his or her intent to cause death or great bodily harm if given the opportunity. A deputy must determine whether the subject has the necessary means to cause death or great bodily harm to the deputy or others. A weapon is not required; a subject must only have the apparent ability to carry out his or her intent. If the subject seems physically able to cause death or great bodily harm, then they have the ability. 22.2 Opportunity means the person is in a position where, if the person is able and willing, can cause death or great bodily harm to the deputy or others. The subject’s weapon may determine opportunity. For example, a suspect armed with a knife may not have an opportunity to harm a deputy standing 20 yards away. However, the same person carrying a firearm certainly has the opportunity to cause death or great bodily harm. 22.3 Intent is the person’s frame of mind and purpose as reasonably perceived based on the person’s behavior, words, or other indicators. It is a perception of the person’s mental state and purpose that a deputy derives from the totality of the circumstances. Deputies should use the amount of force necessary and reasonable for the situation. If ability, opportunity, and intent are present and the deputy cannot control the threat using lesser means, then deadly force is justified. Remember that when resistance or aggression deescalates, so must your response. 23.0 Deadly force includes, but is not limited to, use of a firearm. Deadly force is force that a deputy knows or should know creates a substantial risk of causing death or serious bodily injury. Deadly force includes, but is not limited to, firing a firearm in the direction of another person. Depending on the circumstances, deadly force also includes other potentially lethal tactics, including but not limited to <CFA 4.01M> 23.1 Firing of a firearm at a vehicle, building, or structure in which another person is believed to be; or 23.2 Pressing or tearing the eye using the fingers or instruments (eye gouges); or 23.3 Empty-hand strikes to the throat; or 23.4 Striking an assailant in the neck or head with an impact weapon such as an ASP; or 23.5 Applying a choke hold or similar technique. MCSO prohibits the use of any technique restricting the intake of oxygen for the purpose of gaining control of a subject unless deadly force would be considered reasonable. <CFA 4.10M> 24.0 Threatening deadly force does not necessarily constitute deadly force. A threat to cause death or serious bodily harm does not constitute deadly force, such as displaying a firearm, so long as the deputy’s purpose is to establish a reality that deadly force may be used if necessary. 25.0 Strict requirements must be met before a deputy may use deadly force. As discussed above, when feasible, deputies should do their best to de-escalate situations, issue verbal warnings, or use non-lethal force with the goal of resolving encounters without using deadly force. There are, however, occasions when deadly force is necessary to protect deputies or members of the public. A deputy may use deadly force only when the deputy reasonably believes such action is immediately necessary to protect the deputy or another person from imminent danger of death or serious bodily harm. <CFA 4.01M (b)> 25.1 If feasible, a deputy should identify himself/herself and state his/her intention to shoot before using a firearm. <CFA 4.01M (c)> 25.2 Deputies shall not use deadly force if the deputy reasonably believes that an alternative course of action will avert or eliminate an imminent danger of death or serious bodily harm and achieve the law enforcement purpose at no increased risk to the deputy or another person. 26.0 Strict additional requirements must be met before a deputy may use deadly force against a moving vehicle. While any firearm discharge entails some risk, discharging a firearm at or from a moving vehicle entails an even greater risk due to the possibility that an injured driver may lose control of the vehicle and strike innocent persons or objects, injuring those persons or passengers. Due to this greater risk and considering that firearms are not generally effective in bringing moving vehicles to a rapid halt, a deputy shall not fire from a moving vehicle, or at the driver or occupant of a moving vehicle, unless the deputy reasonably believes: <CFA 4.01M> 26.1 There exists an imminent danger of death or serious bodily harm to the deputy or another person; and 26.2 No other means is available at that time to avert or eliminate the danger. 27.0 Deputies must maintain situational awareness and refrain from placing themselves into a situation of officer-created jeopardy. When a false sense of urgency is combined with an impulse to respond, such as when a vehicle pursuit comes to a sudden stop, the ability to adapt to change is limited. When faced with such limitations, a deputy may inadvertently and needlessly place themselves in a situation where the only option is to use deadly force. When time and circumstances permit, a deputy should slow their approach to allow their training and experience to manifest into action. 28.0 Strict additional requirements must be met before a deputy may use deadly force against a fleeing person. A deputy may only use deadly force to prevent the escape of a fleeing person if all of the following conditions are met: 28.1 The deputy has probable cause to believe the person has committed an offense in which the person caused or attempted to cause death or serious bodily harm to another person; and 28.2 The deputy has probable cause to believe that the fleeing person poses an imminent threat of death or serious bodily harm to the deputy or others; and 28.3 The use of deadly force is necessary to prevent an arrest from being defeated by the flight of the person; and 28.4 If feasible, the deputy has identified himself/herself and given a verbal warning of his/her intention to shoot; and 28.5 The use of deadly force presents no substantial risk of injury to innocent persons. 29.0 There are specific circumstances in which the use of deadly force is prohibited. Deputies may not discharge their weapons as a signal for help or as a warning shot, nor may they use deadly force in the following situations: <CFA 4.04M> 29.1 Solely to prevent property damage or loss; 29.2 Solely to prevent the destruction of evidence (for example, under no circumstances shall a deputy use a chokehold, or any lesser contact with the neck area, to prevent the destruction of evidence by ingestion, unless life threatening to the actor); <CFA 4.10M> 29.3 Solely to disable moving vehicles; or 29.4 Against a person who poses a threat only to themselves (and not to others). 30.0 Deputies have a duty to provide prompt medical care. Deputies shall always treat people with dignity and respect. Whenever a person is injured, complains of an injury, or requests medical attention, as soon as it is safe and practical, deputies shall request medical aid (such as by contacting emergency medical services) and provide appropriate medical care consistent with the deputy’s training (such as by providing first aid and/or transportation to an emergency medical facility). <CFA 4.08M> 31.0 Deputies have a duty to continuously monitor individuals for potential medical issues after a use of force. Out of respect for the sanctity of life, deputies shall closely monitor persons against whom force was used, including after the use of lethal or less-lethal weapons, for signs that they require medical assistance. This responsibility applies during transportation and throughout custody. Deputies shall pay particular attention to persons believed to be pregnant, children, elderly, and physically frail individuals. <CFA 4.08M> 32.0 Deputies have a duty to prevent and stop illegal and inappropriate uses of force by other employees. Any deputy who observes another employee about to engage in, engaging in, or attempting to engage in an illegal or excessive use of force, or force otherwise inconsistent with this GO, must intervene to end the excessive use of force or attempted excessive use of force when such intervention is reasonable based on the totality of the circumstances and the observing deputy may intervene without jeopardizing his or her own health or safety. Employees can serve each other and the public by simply saying or taking appropriate action to prevent a fellow employee from utilizing excessive or inappropriate force. Every employee has an obligation to ensure compliance, by themselves and others, with MCSO General Orders and regulations and all applicable laws regarding the use of force. <CFA 4.01M (d)> 32.1 If a supervisor observes an employee using force that is illegal, excessive, or otherwise inconsistent with this GO, the supervisor shall issue a direct order to stop the violation. 33.0 Employees have a duty to report illegal, excessive, or inappropriate use of force by other law enforcement officers. Any employee who observes or has knowledge of a use of force that is illegal, excessive, or otherwise inconsistent with this GO shall: 33.1 Notify a supervisor as soon as practicable; and 33.2 Submit an individual written report to a supervisor before reporting off duty on the day the employee becomes aware of the misconduct. 34.0 Employees are prohibited from retaliating against an employee who intercedes in or reports illegal, excessive, or inappropriate use of force. No employee may retaliate, in any form, against another employee who intercedes in or reports a violation of this directive, or who cooperates with an investigation into a possible violation of this directive. NOTIFICATIONS REGARDING USES OF FORCE 35.0 Deputies shall immediately notify their immediate supervisor of all firearm discharges. All firearm discharges by a deputy shall immediately be reported to the deputy’s supervisor. The supervisor shall immediately report the incident to the Office of Professional Standards and the appropriate Bureau Chief. This requirement includes any discharge while a deputy is off duty and all unintentional discharges but does not include discharges during training and/or qualification sessions, or recreational discharges. 36.0 Deputies must immediately notify their immediate supervisor of all critical use of force incidents. Any use of force by a deputy that results in death or serious bodily harm or use of a firearm by a deputy that results in an injury of any degree, must immediately be reported to the deputy’s supervisor. The supervisor shall immediately report the incident to the Office of Professional Standards, the deputy's Bureau Chief, and the Investigative Bureau Chief. This notification shall occur before any investigation of the incident is undertaken, other than to secure the scene and to render medical assistance as required. 37.0 Deputies must report all other uses of force through the chain of command. All other use of force incidents—those that do not result in death or serious bodily injury and do not involve the discharge of a firearm—shall be reported through the appropriate MCSO chain of command. REPORTING REQUIREMENTS & REAL-TIME REVIEW <CFA 4.07M> 38.0 All deputies must complete their reports accurately and completely. All deputies are responsible, at all times, for accurately and completely describing the facts and circumstances concerning any use of force incident, including articulating specific facts to explain a deputy’s own decision to use force. The MCSO may impose disciplinary action for any material omissions or misrepresentations. 39.0 Every use of force greater than routine physical contact must be documented and reported. Whenever a deputy uses a degree of force greater than routine physical contact (i.e., escorting, placing a cooperative subject in handcuffs), including applying force through the use of lethal or less-lethal weapons the deputy must complete the following reports and submit them through their appropriate chain of command: <CFA 4.07M (b,c)> 39.1 An MCSO BlueTeam—Use of Force Report; and 39.2 An incident report and/or supplemental report regarding the nature of the underlying incident (and indicating that the deputy has completed Use of Force Reports). 39.3 EXCEPTION: Supervisors shall not require deputies deploying force that results in death or serious bodily harm, which is or will be investigated by the Office of Professional Standards or the SAO, to submit an incident report and/or supplemental report. However, those deputies are still required to submit Use of Force reports. 39.3.1 Only the Office of Professional Standards or the SAO can request additional written reports. A deputy’s statements to an authorized investigating agent can suffice as their report of the incident 39.3.2 Deputies not directly involved in the use of force, but who have indirect involvement (e.g., secondary responders, assisting responders, witnesses, etc.), may be required to submit supplemental incident reports upon approval of the Office of Professional Standards or the SAO. 40.0 The following additional reporting requirements apply to a deputy’s actions that do not involve physical contact or greater force under Section 35. A deputy who takes any of the following actions, if not otherwise reportable under Section 35, must create a written incident report and/or supplementary report capturing the relevant facts and circumstances for each of the following situations: <CFA 4.07M> 40.1 Every intentional discharge of a firearm not for training or recreational purposes; <CFA 4.07M (a)> 40.2 Every instance where a deputy unintentionally discharges an ECD or firearm, regardless of the reason; 40.3 Every instance where a deputy takes an official action that results in or is alleged to have resulted in death or injury to another person. 41.0 Supervisors have specific responsibilities as part of each use of force review. The approving supervisor (Sergeant and Lieutenant, or other line supervisor) and District/Division Captain shall review all reports for accuracy and completeness. Any issues shall be promptly addressed, including policy changes, training needs, weapons or equipment issues, and the reviewing supervisor shall address any potential legal issues or policy violations through the Office of Professional Standards and/or Legal Affairs, as applicable. Recommendations to modify policy, apply remedial training beyond what can be performed by the supervisor, change weapons or equipment, or a change in tactics, shall be thoroughly documented and forwarded through the chain of command. <CFA 4.07M (a-c)> 41.1 Sergeants/Lieutenants have the following responsibilities: 41.1.1 Ensure all required incident reports and related evidence, including body-worn camera video and photographs, are completed and uploaded. 41.1.2 Review the submitted BlueTeam Report for accuracy and completeness, and either reject and return for immediate corrections, or approve; 41.1.3 Review all relevant documents and information, including body-worn camera video and photographs, in order to assess the underlying incident; and 41.1.4 Once approved, immediately submit the BlueTeam report to the District/ Division Captain. 41.2 District/Division Captains have the following responsibilities: 41.2.1 Log into BlueTeam. Review all submitted reports, body-worn camera video, photographs, and any other relevant information or documents, and either reject and return for corrections, or approve; 41.2.2 Forward the approved BlueTeam Report with attachments to the Office of Professional Standards through BlueTeam and forward any additional documents to the Office of Professional Standards. 42.0 Use of force records shall be retained and available according to state law. All use of force reports shall be retained as required by the General Records Schedule GS2, published by the Florida Department of State Division of Library and Information Services, as amended from time to time. Use of force reports are subject to discovery and access through the provisions of Florida’s Public Records Law, Chapter 119, Florida Statutes. OFFICE OF PROFESSIONAL STANDARDS USE OF FORCE REVIEW 43.0 Use of force incidents will be reviewed by Professional Standards according to set procedure. Once a BlueTeam report has been completed and submitted from the District/ Division Captain to Professional Standards or his designee, the following procedure will be followed: 43.1 Review the BlueTeam report to ensure all relevant documents are attached and signed, including: 43.1.1 Incident Report 43.1.2 BlueTeam Report 43.1.3 Body worn camera download 43.1.4 Arrest Report (if applicable) 43.1.5 Photographs 43.1.6 Medical Discharge Forms (if applicable) 43.1.7 Tickets/Summons 43.1.8 Any other additional documentation 43.2 Review the BlueTeam use of force in its entirety to ensure the deputy(ies) involved followed MCSO policy and procedures; 43.3 Review the BlueTeam use of force in its entirety to determine whether the deputy(ies) utilized the Critical Decision Making model; 43.4 Review the Incident Report to gain a situational understanding of the reason force was utilized; 43.5 Review the deputy’s body-worn camera footage to ensure the force was necessary, proportionate, and reasonable; 43.6 Compare the deputy’s actions as displayed on the body-worn camera footage with the deputy’s incident or supplemental information report, BlueTeam report (repeat for all deputies who utilize force in each incident); 43.7 Review all other body-worn camera footage, including from responding officers, to gain a full panoramic view of the incident; 43.8 Upload and link any additional documents associated with the use of force into IAPro; 43.9 If there are any issue(s) identified with any application of force, documentation, or body-worn cameras, the District/Division Captain (who reviewed the incident) and the reviewing supervisor are contacted and made aware of the issue(s) and provided a date as to when the issue(s) must be resolved and corrected; 43.10 If training issues are identified, the issues are brought to the attention of the Chief Inspector of the Office of Professional Standards (once the issue is confirmed, the Training Division is contacted, and a Performance Improvement Plan (PIP) may be implemented for corrective actions); 43.11 If any criminal or policy violations are identified, an Internal Affairs investigation shall be generated. Policy violations shall be reviewed by the Chief Inspector of the Office of Professional Standards for investigative assignment. Criminal or serious violations shall be investigated within the Office of Professional Standards. USE OF FORCE DATA COLLECTION, ANALYSIS, AND SUBMISSION 44.0 The MCSO shall collect and analyze use of force data. The MCSO collects, analyzes, and makes public the data regarding uses of force. The MCSO does so in order to ensure our enforcement practices are fair, non-discriminatory, and involve the minimum amount of force necessary to accomplish a legitimate law enforcement objective. <CFA 4.09M> 44.1 The annual use of force report shall also include a review of all assaults on law enforcement officers to determine trends or patterns that could indicate the need to enhance officer safety, policy modification, or training. 44.2 The annual use of force report shall also include a review when personnel discharge a firearm, for other than training or recreational purposes, applies force through the use of lethal or less-lethal weapons, or applies weaponless physical force as defined by the agency in this policy. <CFA 4.09M (a-c)> 44.3 The MCSO shall submit monthly use of force data to the Florida Department of Law Enforcement whenever personnel use force that results in serious bodily injury, death, or discharges a firearm at or in the direction of a person. Submissions are required even if there have been no such incident, which would require a submission of a Zero Report for the calendar month. <CFA 4.11M (a-c)> 45.0 The Office of Professional Standards shall issue an annual administrative review and analysis of use of force. <CFA 4.09M> 45.1 The Office of Professional Standards is responsible for completing an annual use of force summary report. This summary report shall be published and made available to the public upon request. 45.2 The Office of Professional Standards is responsible for completing an annual analysis of the previous calendar year’s use of force incidents, MCSO policies, and use of force practices. Examples of some analytical categories may include, but are not limited to: 45.2.1 Use of force by date and time of incident; 45.2.2 Use of force by type of encounter (domestic violence, traffic stop, etc.); 45.2.3 Total use of force incidents; 45.2.4 Total custodial arrests; 45.2.5 Total agency calls for service; 45.2.6 Statistical comparison of accidental discharge of firearms and/or ECDs; 45.2.7 Investigated complaints of excessive use of force; 45.2.8 Disposition (arrest, no arrest, Marchman Act, Baker Act, etc.); 45.2.9 Use of force by deputy/detective involved; 45.2.10 Trends or patterns related to race, age and gender of citizens involved; 45.2.11 Trends or patterns resulting in injury to personnel; 45.2.12 Trends or patterns resulting in injury to involved citizens; 45.2.13 Impact of these findings on policies, practices, equipment, and training. 45.2.14 Total number of canine apprehensions, canine apprehensions with bites, and canine utilizations. 45.3 The Office of Professional Standards annual analysis is designed to: (1) identify any broad patterns or trends that could indicate policy ineffectiveness, training needs, equipment upgrade needs, and/or policy modification needs; and (2) identify any pattern or practice of behavior by particular deputies that could warrant intervention, remediation, and/or re-training. <CFA 4.09M> TRAINING REGARDING USE OF FORCE 46.0 All deputies shall be issued this GO and receive use of force training. Prior to being authorized to carry a weapon (lethal and less lethal), all personnel shall receive training regarding use of force and a copy of this directive and related instruction. The training and issuance of the GO shall be documented and forwarded to the Training Division. <CFA 4.02M> 46.1 A certified instructor shall train all employees who are or may be assigned to duties that require the application of less lethal force. 46.2 Training in the use of chemical or natural agents, such as oleoresin capsicum (OC), shall include procedures for the treatment of persons exposed to such chemical/natural agents, as well as safe handling and storage procedures. 46.3 Prior to being authorized to carry and use less lethal devices or control and restraint techniques, employees must demonstrate proficiency in the deployment and/or use of such authorized less lethal device and approved control and restraint techniques. 46.4 The MCSO shall conduct use of force trainings. Use of force training shall be conducted in concert with CJSTC Guidelines. This training must: 46.5 Reflect current standards established by statutory authority and relevant case law, as well as MCSO policies, General Orders, and guidelines; 46.6 Be scenario-based; 46.7 Include the use of force in general, levels of force, the use of deadly force, definitions of critical terms, critical decision making, crisis recognition and response, de-escalation techniques, tactical communications, operational safety tactics, the limitations that govern the use of force and deadly force, and all applicable aspects of MCSO policy; 46.8 Integrate the Integrating Communications Assessment and Tactics Training Guide, published by the Police Executive Research Forum; and 46.9 Be documented in the Training Division each time it is conducted, listing all personnel having received the training. 46.10 All personnel, sworn and applicable civilian members, authorized to carry weapons and/or firearms shall receive annual refresher training on the agency’s use of force policy. <CFA 10.10M (b)> 47.0 Deputies have an ongoing obligation to review MCSO General Orders and trainings on use of force. All deputies have an ongoing obligation to review the MCSO’s use of force General Orders and training materials, and to seek clarification any time they have questions or need guidance. This ongoing review may take place via formal supervisor-led training as well as through mentoring opportunities to reinforce the content and philosophies. DEFINITIONS 1. Active Resistor: A person who is uncooperative and fails to comply with directions from a deputy, and instead attempts to avoid physical control and/or arrest by creating distance between themselves and the deputy or the deputy’s reach. This type of resistance includes but is not limited to evasive movement of the arm, flailing arms, and full flight by running. 2. Aggressive Assailant: A person who is using or threatening the use of force against another person, with or without a weapon, in an aggressive manner that may cause physical injury. Examples may include: (1) a person who puts a deputy in fear of a battery by advancing on the deputy in a threatening manner or closing the distance between the assailant and the deputy, thereby reducing the deputy’s reaction time, and (2) a person who fails to disarm, thereby increasing the likelihood the person’s actions are likely to cause physical injury. 3. Canine Apprehension: A properly trained police canine may be used to apprehend an Active Resister whenever the handler has probable cause to believe the person has committed a crime, and less intrusive means of apprehension have been exhausted or, under the circumstances, determined to be ineffective or unavailable. Additional guidance may be found in General Order number 4004 - CANINE, K-9. 4. Chokehold: Sometimes referred to as a Neck or Carotid Restraint, a chokehold is a technique that involves applying direct pressure to a person’s trachea (windpipe) or airway (front of the neck) with the intention of reducing the intake of air. A Carotid Restraint is a technique that applies direct pressure to the carotid artery (on the side of the neck) restricting the flow of blood to the brain and causing a temporary loss of consciousness. 5. Compliance Techniques: Physical techniques that involve the use of non-impact pressure to sensitive area of the body (mainly areas of skin covering bone) in order to elicit and maintain control of a person. Compliance techniques include joint manipulation and pressure point techniques but do not include any technique that restricts blood flow to carotid arteries, causing a person to lose oxygen to the brain. 6. Control Instruments: Tools (such as a baton) applied with non-impact pressure to joints and sensitive areas of the body (mainly areas of skin covering bone) in order to elicit and maintain control of a person. Additional guidance may be found in General Order 1021, Firearms and Less Lethal. 7. Cooperation: Responsiveness to and compliance with deputy requests. 8. Critical Decision-Making Model: The Critical Decision-Making model or “CDM” is an organized way of making decisions about how a deputy will act in any situation, including situations that may involve potential uses of force. 9. Deadly Force: Force that a deputy uses with the purpose of causing, or which the deputy knows to create a substantial risk of causing, death, or serious bodily harm. Deadly force is not limited to firing a firearm in the direction of another person, but also includes other particularly dangerous tactics as discussed in Section 20 of this GO. 10. De-escalation (De-escalation Techniques): Actions taken by a deputy meant to stabilize a situation and reduce the immediacy of a potential threat, so that a potentially dangerous situation is resolved through voluntary compliance and without resorting to force. 11. Deputy: Also known as a “law enforcement officer.” Any person sworn to enforce the criminal laws of the State of Florida, who is certified by the Criminal Justice Standards and Training Commission, CJSTC, or is currently employed by a public safety agency in accordance with Florida Statute 943.10. 12. Electronic Control Devices (ECD): An ECD is any approved device that is capable of firing darts/electrodes that transmit an electrical charge or current intended to temporarily disable a person. Additional guidance may be found in General Order 1021, Firearms and Less Lethal. 13. Employee: Any employee of the Manatee County Sheriff’s Office, full or part-time, sworn, and non-sworn. 14. Holding Techniques: Holding techniques include a firm grip or grab of an arm, wristlocks, come-along holds (i.e., escort holds that are not elevated to compliance techniques), controlled take-downs, and pins against the ground or objects, as well as any combination of the above. 15. Imminent Danger: Imminent danger describes threatened actions or outcomes that are immediately likely to cause death or serious bodily harm to a deputy or another person unless action is taken. In order to be imminent, the person threatening danger must have the means/instruments and opportunity/ability to cause death or serious bodily harm. The threatened harm does not have to be instantaneous. The period of time involved is dependent on the circumstances and facts of each situation and is not the same in all situations. 16. Impact Weapons: Weapons designed to establish control by means of applying mechanical impact to a person to disable elements of his or her musculoskeletal structure. Impact weapons include expandable batons and less lethal ammunition. The MCSO trains deputies to avoid the use of flashlights, radios, firearms, or any item not specifically designed as impact weapons, unless immediately necessary and no other practical options are available. Additional guidance may be found in General Order 1021, Firearms and Less Lethal. 17. Lethal Assailant: A hostile, attacking subject, with or without a weapon, that creates a reasonable perception by the officer that the subject intends to cause and has the capability of causing death or great bodily harm to the officer or others. 18. Oleoresin Capsicum Spray: Oleoresin Capsicum is also known as OC Spray or Pepper Spray. OC Spray may also be known as an Aerosol Restraint Device, Aerosol Subject Restraint, or Aerosol Restraint Spray OC spray. ONLY issued OC Spray is approved as a less lethal defense weapon for MCSO use. OC Spray is an inflammatory chemical agent that causes an intense burning sensation of the skin, eyes, and mucous membranes. Direct exposure to a person’s eyes will likely result in the eyes closing, tearing, and swelling. When inhaled, a person experiences choking, gagging, gasping for breath, or, on rare occasion, unconsciousness. As a result of these symptoms, a person may experience nausea or temporarily impaired thought processes or may become disoriented or lose his or her balance. 19. Officer Created Jeopardy: Officer created/induced jeopardy is generally defined as: Situations where deputies inadvertently leave themselves vulnerable and thus in a position where they must use deadly force to protect themselves. A false sense of urgency and an impulsive response - for example, charging toward a vehicle after a pursuit - reduces the time necessary to adapt to rapidly evolving situations. Time can allow a deputy to factor and calculate risk into the equation and allow training and experience to guide response. 20. Passive Resistance: A person who is not cooperative, in that the person fails to comply (in a non-movement way) with verbal or other direction from another deputy or law enforcement officer. 21. Physical Contact: Routine or procedural contact necessary to effectively accomplish a legitimate law enforcement objective. Examples include, guiding a subject into a police vehicle, holding the subject’s arm while transporting, handcuffing a subject and maneuvering or securing a subject for a frisk. 22. Physical Force: Forceful, concentrated striking movements such as punching and kicking, or focused pressure strikes and pressures. These techniques can be combined with take- downs or pins against the ground or other objects. 23. Police Presence: Law enforcement presence established through identification of authority and proximity to the person. 24. Proportionate Force: Actions, including de-escalation and force, which correspond appropriately with the particular circumstances confronting the deputy. 25. The Office of Professional Standards: A Division within the MCSO that includes the Internal Affairs Section, which is responsible for the investigation of all internal complaints as well as completing various audits of MCSO processes. 26. Reasonable Belief: The facts or circumstances the officer knows, or should know, are such as to cause an ordinary and prudent person to act or think in a similar way under similar circumstances. 27. 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 functioning of any bodily member or organ. 28. Substantial Risk: A substantial risk is one that is foreseeably likely to occur. That is, the risk is one that a reasonable law enforcement officer in the same circumstances should anticipate as the likely outcome. 29. Verbal Control Techniques: Consists of persuasion, advice, instruction, and warning in the form of verbal statements or commands that may result in compliant behavior. Whenever it is safe and feasible, deputies shall attempt to de-escalate confrontations by utilizing verbal control techniques prior to, during, and after the use of physical force. Approved for Issue – Charles R. Wells, Sheriff Charles R. Wells, Sheriff Manatee County, Florida