Oviedo Police Department GO 8-1.2 Response to Resistance PDF

OVIEDO POLICE DEPARTMENT GENERAL ORDER EFFECTIVE DATE: 05-30-2023 APPROVAL: NUMBER: Dale Coleman Chief of Police GO 8-1.2 SUBJECT: Response to Resistance REFERENCE: FSS 112.532; and CFA Standard Chapters 4, 14, & 15 AMENDS: GO 8-1.1 RESCINDS: None I. II. III. IV. V. VI. VII. VIII. IX. X. XI. XII. XI...

OVIEDO POLICE DEPARTMENT GENERAL ORDER EFFECTIVE DATE: 05-30-2023 APPROVAL: NUMBER: Dale Coleman Chief of Police GO 8-1.2 SUBJECT: Response to Resistance REFERENCE: FSS 112.532; and CFA Standard Chapters 4, 14, & 15 AMENDS: GO 8-1.1 RESCINDS: None I. II. III. IV. V. VI. VII. VIII. IX. X. XI. XII. XIII. PURPOSE POLICY DEFINITIONS OBJECTIVES GENERAL USE OF LESS-LETHAL FORCE OFFICER’S CONTROL OPTIONS DEADLY FORCE RENDERING MEDICAL ASSISTANCE POST-ACTION PROCEDURES FOR DEADLY FORCE INCIDENTS REPORTING USE OF FORCE ADMINISTRATIVE REVIEW TRAINING I. PURPOSE The purpose of this order is to provide members of the Oviedo Police Department with guidelines and direction on the proper use of deadly and non-deadly force. This order also provides guidelines when a member’s action results in death or great bodily harm. II. POLICY It is the policy of the Oviedo Police Department to place emphasis and value upon the preservation of human life and requires its members to exercise utmost care and good judgment in carrying out their obligations. If possible, and prior to resorting to deadly force, officers shall use the amount of non-deadly force that is reasonably necessary to protect officers or others from harm or to effect lawful objectives. This order shall provide members with guidance as to what degree of force may be used. Oviedo Police Department GO 8-1.2 Response to Resistance Page 2 of 14 The standards herein are predicated on the routine day-to-day operations of the law enforcement profession; they are not intended to restrict members from defending themselves or others from death and/or great bodily harm as exigent circumstances may dictate. III. DEFINITIONS A. Chokehold: A physical maneuver that restricts an individual’s ability to breathe for the purposes of incapacitation. B. Deadly or Lethal Force: Any use of force that creates a substantial risk of causing death or great bodily harm. The discharging of a firearm at a person is considered deadly force except when an officer is discharging a less lethal option approved pursuant to this order. C. De-Escalation: Tactics, techniques, actions, verbal, or non-verbal communication exercised by officers during a potential use of control encounter to reduce the imminence of a physical threat to officers or others. These tactics should be used when time, distance, communication, available resources and circumstances permit. D. Exigent Circumstances: Circumstances that would cause a reasonable person to believe that a particular action is necessary to prevent physical harm to an individual, the destruction of relevant evidence, the escape of a suspect, or some other consequence impeding legitimate law enforcement efforts. E. 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. F. Imminent Threat: An officer’s reasonable perception of impending danger, death, or serious injury from any action or outcome that may occur during an encounter. G. Less-Lethal Force: Any force other than deadly force (not likely to cause death or great bodily harm) that involves physical effort to control, restrain, or overcome the resistance of another. H. Less-Lethal Weapon: A weapon that is not fundamentally designed to cause death or great bodily harm. Some examples of less-lethal weapons include conducted electrical weapons (CEW), expandable batons, and chemical agent sprays. GO 8-1.2 Response to Resistance Oviedo Police Department GO 8-1.2 Response to Resistance IV. Page 3 of 14 I. Objectively Reasonable: The determination that the necessity for using force and the level of force used is based upon the officer’s evaluation of the situation based on the totality of the circumstances known to the officer at the time the force is used and upon what a reasonably prudent officer would use under the same or similar circumstances. J. Physical Force: The physical power used to overcome another person that is not likely to cause death or great bodily harm. K. Tactical Positioning: Making advantageous use of position, distance, and cover to reduce the risk of injury to an officer and avoid or reduce the need to use force. L. Vascular/Lateral Neck Restraint: A technique that can be used to incapacitate individuals by restricting the flow of blood to their brain. OBJECTIVES A. At times, the use of deadly force is essential to the police mission involving the protection of life and the prevention of death or great bodily harm. However, it is with great restraint that deadly force be utilized. The department places the greatest value on the preservation of life. B. Justification for the use of force is limited to the facts known or perceived by the officer at the time such force is used, including levels of resistance, suspect’s behavioral cues, the number of officers and/or offenders present, and the availability of other options. Use of force principals are more easily understood when officers comprehend the nature of the contacts they have with individuals. These contacts can be represented by three (3) general types: 1. Consensual Contact: A “stop and talk” interaction with a person for a non-specific or articulable reason where the person has the right to end police contact at any time. Officers shall NOT use force to prevent the person’s departure from consensual contacts. 2. Reasonable suspicion: Detention of a subject for a brief period of time for the purpose of investigating possible criminal activity. 3. Probable Cause: Articulable facts which support taking a person into legal custody. Officers may use reasonable, unbiased force to effect an arrest. GO 8-1.2 Response to Resistance Oviedo Police Department GO 8-1.2 Response to Resistance C. D. Page 4 of 14 Officers should consider if any lack of compliance is a deliberate attempt to resist or an inability to comply based on factors including, but not limited to: 1. Medical conditions; 2. Mental impairment; 3. Developmental disability; 4. Physical limitations; 5. Language barrier; 6. Drug or alcohol influence; 7. Behavioral crisis; and/or 8. Fear and anxiety. Officers should consider any special or personal knowledge they possess regarding the subject, location, and physical and verbal actions or cues of the subject, including but not limited to: 1. Knowledge of previous criminal activity at the location and/or involving the subject; 2. Subject’s drug and/or alcohol abuse history; 3. Subject’s history of resisting arrest, and propensity to use violence and/or weapons; 4. Permanent or temporary mental impairments; 5. Subject’s physical condition; 6. Weapons displayed or found nearby; 7. The number of subjects and officers present; 8. Verbal abuse directed at the officers; and/or 9. Signs of aggressive behavior. GO 8-1.2 Response to Resistance Oviedo Police Department GO 8-1.2 Response to Resistance E. F. V. Page 5 of 14 In situations where using force is necessary, officers should consider the particular facts of the incident. Primary considerations are the: 1. Seriousness of the offense; 2. Imminence of any threat; and 3. Level and/or type of resistance. The determination of whether or not an officer has used force that was reasonably necessary must be done on a case-by-case basis. These factors may include but are not limited to the: 1. Officer’s justifications for actions prior to the use of force; 2. Officer’s level of training and experience; 3. Officer’s perceptions at the time of the incident; 4. Suspect’s reaction to police presence or actions; 5. Immediate threat posed by suspect; 6. Type of incident being investigated by the officer; 7. Time of day, particularly if late at night; and/or 8. Lighting conditions at the time of the incident. G. When feasible, and prior to using force, officers must use proper deescalation techniques consistent with his or her training and based on the unique facts and circumstances of the current situation to increase the likelihood of a cooperative resolution. H. When feasible, officers shall give a verbal warning and allow an individual the opportunity to comply before force is used, when such delay will not compromise the safety of the officer or another. GENERAL A. Officers shall not purposely place themselves or remain in situations of great danger in order to justify the use of deadly force. B. As soon as compliance is reached, and it is safe and reasonable to do so, officers shall use the minimum force necessary to maintain control of the subject. GO 8-1.2 Response to Resistance Oviedo Police Department GO 8-1.2 Response to Resistance C. A threat to cause death or great bodily harm by the display of a weapon, so long as the officer’s purpose is limited to creating an apprehension and gain compliance, does not constitute deadly force. D. Physical force shall not be used against individuals in restraints, except as objectively reasonable to prevent their escape or prevent imminent bodily injury to the individual, the officer, or another person. In these situations, only the minimal amount of force necessary to control the situation shall be used. E. Duty to Intervene: F. VI. Page 6 of 14 1. Every officer, regardless of rank, title, seniority, or status, has an affirmative duty to take steps to prevent or stop any use of force that is illegal, excessive, or otherwise inconsistent with written directives, regulations, and laws. 2. If a member becomes aware of an incident alleging the use of excessive use of force, the member shall report the incident to their immediate supervisor to be investigated in accordance with department written directives. If the immediate supervisor was involved in the incident, the report shall be made to the next level supervisor. Officers are prohibited from the use of chokeholds, strangleholds, Lateral Vascular Neck Restraints, carotid restraints, or any other tactic that intentionally restricts oxygen or blood flow to the head or neck, unless deadly force is authorized. USE OF LESS-LETHAL FORCE When de-escalation techniques are not effective or appropriate, an officer may consider the use of less-lethal force to control a non-compliant or actively resistant individual. An officer is authorized to use agency approved less-lethal weapons and techniques to: A. Protect the officer or others from immediate physical harm; B. Restrain or subdue an individual who is actively resisting or evading arrest; and/or C. Bring an unlawful situation safely and effectively under control. GO 8-1.2 Response to Resistance Oviedo Police Department GO 8-1.2 Response to Resistance VII. Page 7 of 14 OFFICER’S CONTROL OPTIONS A. It is incumbent on officers to be knowledgeable in the Officer’s Control Options guidelines (Attachment A). Officers should use the guidelines in selecting effective and reasonable force options in a verbal or physical encounter. In practice, the Officer’s Control Options is a graduated model that is based on the utilization of the reasonable force necessary to counter and/or subdue the physical actions of a resistive subject. The utilization of any techniques shall be predicated on the physical actions of the subject with due consideration to the circumstances at hand and the size and physical skill of the subject and the officer(s) involved. Deviations from the Officer’s Control Options shall be clearly articulated in the Use of Force Report and must be justifiable. B. Additional factors which must be considered when making a use of force decision include the following: 1. Suspect Factors: a. b. c. d. e. f. g. h. i. 2. Seriousness of the crime committed by the suspect; The size, age, and weight of the suspect; The apparent physical ability of the suspect; The number of suspects present who are involved or may become involved; Any known history of violence by the suspect; Presence of innocent persons or potential victims; Weapons available to the suspect; Whether the suspect can be recaptured at a later time; and/or Whether evidence is likely to be lost or destroyed. Officer Factors: a. b. c. d. e. The size, physical ability, and defensive tactics expertise of the officer; The number of other officers present or available to assist with the situation; The officer’s immediate reaction in the case of a sudden attack; Weapons or restraint devices available to the officer; and/or Police department policy GO 8-1.2 Response to Resistance Oviedo Police Department GO 8-1.2 Response to Resistance VIII. Page 8 of 14 DEADLY FORCE A. An officer is authorized to use deadly force when they reasonably believe that such force is necessary to prevent imminent death or great bodily harm to him/her or another; or to prevent the escape of a fleeing subject when the officer has probable cause to believe that the person has committed, or intends to commit a felony involving great bodily harm or death, and the officer reasonably believes that there is an imminent threat of great bodily harm or death to the officer or another if the subject is not immediately apprehended. B. Prior to the use of deadly force, officers should, if possible, identify themselves as a police officer and command the suspect to stop, unless to do so would jeopardize the safety of the officer or any other innocent person. C. Moving Vehicles: 1. When confronted with an oncoming vehicle, an officer will not position themselves in the path of the vehicle, but will take all reasonable steps to move out of the way. 2. Officers are prohibited from shooting at moving vehicles unless: a. A person in the vehicle is threatening the officer or another person with deadly force by means other than the vehicle; or b. The vehicle is operated in a manner deliberately intended to strike an officer or another person, and all reasonable means of defense have been exhausted, are not present, or are impractical, which includes moving out of the path of the vehicle. 3. When confronted with an oncoming vehicle, an officer will not position him or herself into the path of the vehicle and first priority is to take all reasonable steps to move out of the way. 4. Discharging a firearm is never authorized when it is reasonable to believe that the vehicle may contain an innocent passenger or it is reasonably apparent that the vehicle may careen out of control and injure an innocent bystander. GO 8-1.2 Response to Resistance Oviedo Police Department GO 8-1.2 Response to Resistance IX. Page 9 of 14 RENDERING MEDICAL ASSISTANCE All personnel are responsible for rendering medical assistance at incidents where an individual has visible injuries, complains of being injured, or requests medical attention. X. A. Personnel shall render medical assistance within the limit and scope of their training. B. Personnel shall immediately summon and direct emergency medical assistance to the scene of an incident through SCSO Communications. C. Personnel shall attempt to protect injured persons from further injury. POST-ACTION PROCEDURES FOR DEADLY FORCE INCIDENTS A. The Florida Department of Law Enforcement (FDLE) shall be brought in to initiate an investigation and to coordinate crime laboratory services at the scene in accordance with the Memorandum of Understanding between the Oviedo Police Department and FDLE. B. Upon completion of FDLE’s investigation, all officer-involved shootings will be investigated internally by the Oviedo Police Department to determine compliance with department general orders and training. C. All public information shall be coordinated through the Chief of Police or his designee. Officers shall NOT discuss details or circumstances beyond that which is required in the officer’s duties. D. All officers under investigation and subject to interview by members of his or her agency for any reason which could lead to disciplinary action, such as suspension, demotion, or dismissal, shall be given a copy of FSS 112.532 (Law Enforcement Officers Bill of Rights). E. When an officer uses deadly force, (or unintentionally discharges their firearm and injuries are sustained) they shall immediately take the following actions, as soon as it is safe to do so: 1. Determine the condition of any injured person, render first aid, and summon medical assistance, if appropriate; 2. Evaluate the condition of the injured person(s) to determine if they pose an immediate threat to the officer of any other person and secure them if necessary; GO 8-1.2 Response to Resistance Oviedo Police Department GO 8-1.2 Response to Resistance Page 10 of 14 3. Notify SCSO Communications of the incident and request assistance to secure the scene and emergency medical personnel (if necessary); 4. The officer shall immediately request the patrol supervisor to respond to the scene; 5. The officer shall remain at the scene (unless injured) until the arrival of a supervisor; 6. The officer will then be removed from the scene (absent any extenuating circumstances) and escorted to the Oviedo Police Department building. The escort shall remain with the officer until the assigned detective, Sergeant, or Criminal Investigations Lieutenant or designee arrives. The officer’s firearm will remain in their possession until it is collected by FDLE and/or the Criminal Investigations section for examination. A replacement firearm may be issued to the officer. 7. The involved officer(s) shall cooperate and provide statements if needed to investigators to gather pertinent information and to identify suspects and/or witness for the original incident up to the point of using deadly force. All pertinent information shall be obtained from the initial supervisor, or in later interviews as governed by law, department policy, and in accordance with the Florida Law Enforcement Officer’s Bill of Rights. 8. a. The supervisor shall forward the Use of Force Report through the appropriate chain of command to the Chief of Police. b. If the officer’s actions resulted in great bodily harm or death, the officer shall be removed from the line of duty until a preliminary agency review of the incident is concluded. Removal from the line of duty shall be documented in writing. Administrative reassignment shall not be construed as a disciplinary action. The officer will continue to receive all pay and benefits. The officer shall remain available for official interviews and statements regarding the incident. GO 8-1.2 Response to Resistance Oviedo Police Department GO 8-1.2 Response to Resistance F. G. Page 11 of 14 9. The officer shall be returned to duty at the discretion of the Chief of Police. 10. The officer may be required to consult with a licensed professional of the department’s choosing, for a fitness for duty evaluation. The first responding supervisor shall: 1. Respond immediately to the scene; 2. Ensure that the duties of the involved officer have been carried out; 3. Assign an officer, at earliest convenience, to escort the officer involved to the Oviedo Police Department building; 4. Assume responsibility for securing the scene; 5. Request SCSO Communications to notify the chain of command, up through and including the Chief of Police and the State Attorney’s Office; 6. Render assistance to the assigned detective/investigator; and 7. Provide a summary of the course of events leading up to and including the use of deadly force to the chain of command. The Criminal Investigations Lieutenant or designee shall: 1. Respond to the scene immediately upon notification; 2. Be responsible for briefing the responding Deputy Chief(s) and Chief; 3. Assume responsibility for securing the scene until the assigned authorized agency takes control of the scene (as determined by the Chief of Police); 4. Prepare a preliminary administrative report of the incident that includes the where, when, how, and why component of the incident. The report shall be forwarded to the Chief of Police; GO 8-1.2 Response to Resistance Oviedo Police Department GO 8-1.2 Response to Resistance 5. If the Chief of Police determines that the case shall be investigated internally only, the responding Criminal Investigations Lieutenant or designee shall be responsible for: a. b. c. d. e. f. g. h. i. j. k. H. XI. Page 12 of 14 Assuming responsibility of the scene; Processing the scene; Examining the weapon of the officer involved; Collecting the weapon that was fired; Collecting samples of unspent ammunition; Separating, securing, and interviewing all witnesses; Ensuring the security of all physical evidence; Securing copies of radio transmissions, telephone, or other recordings from SCSO Communications; Advising the officer of their constitutional rights prior to interviewing or requesting written statements; Obtaining hospital, autopsy, laboratory, and photographic reports; and Submitting a detailed written report of the investigation to the Chief of Police through the appropriate chain of command. The Chief of Police or designee shall: 1. Evaluate the situation and determine if an outside agency will be required to respond and investigate the incident; and 2. Contact the appropriate outside agency, if deemed necessary, and remain at the scene until their arrival. REPORTING USE OF FORCE A. A Use of Force Report shall be completed when an officer: Uses force against a person actively or passively resisting, which requires the officer to go beyond routine handcuffing. This would include: 1. 2. 3. 4. 5. 6. Use of electronic control weapon (ECW); Use of baton; Use of BolaWrap; K-9 officer bites other than accidental; Use of physical force resulting in actual or claimed injury (evident or non-evident); and/or Any action that could be considered a form of deadly force (with the exception of discharge of a firearm as outlined in section F. below). GO 8-1.2 Response to Resistance Oviedo Police Department GO 8-1.2 Response to Resistance B. Page 13 of 14 Exceptions A Use of Force Report shall NOT be required when the following conditions apply: 1. The sole method of force used by the officer was a controlled takedown; and 2. The suspect was neither injured nor claimed to be. C. The officer’s immediate supervisor shall ensure that the Use of Force Report is completed fully and accurately and submitted prior to the end of the member’s tour of duty. D. The Use of Force Report and a copy of all associated documentation (offense report, arrest affidavit, photos of actual or claimed injuries on the arrestee, etc.) shall be forwarded through the chain of command to the Chief of Police. Upon final review by the Chief of Police, the Use of Force package shall be forwarded to Professional Standards for review and filing. E. If the Professional Standards Lieutenant determines that the force was not justified or did not fall within department policy, the Lieutenant shall inform the officer’s respective Deputy Chief. The Deputy Chief shall determine the need for remedial training and/or the need to initiate an internal investigation. Note: The Use of Force Report package is not a substitute for an internal investigation. If the officer’s supervisor or any member of the chain of command determines that an inquiry is necessary, it is their responsibility to initiate an Internal Inquiry using an Internal Investigative Complaint form. F. When a firearm is discharged (other than for training, recreational purposes, or to euthanize an animal), an Internal Inquiry shall be generated in addition to a Firearms Discharge Report. The supervisor initiating the Internal Inquiry and/or filing the Internal Investigative Complaint form shall ensure the following items are included: 1. The specific circumstances which caused the officer to use force; 2. The type of force and/or techniques utilized; 3. The extent of injuries evident or claimed; and 4. The individual who incurred and/or inflicted the injuries. GO 8-1.2 Response to Resistance Oviedo Police Department GO 8-1.2 Response to Resistance G. XII. Page 14 of 14 When a firearm is discharged to destroy a dangerous or injured animal, a CJIS report at a minimum, shall be completed along with a Firearms Discharge Report. ADMINISTRATIVE REVIEW The Professional Standards Lieutenant or designee shall conduct an annual administrative review and analysis of any use of force reports completed, Firearms Discharge Reports completed, or internal inquiries generated in which an officer discharges a firearm (other than training or recreational purposes), applies force through the use of lethal or less-lethal weapons, or applies any type of weaponless physical force. The review will be documented in a written report and will detail trends and recommendations, if any, for changes in training or department written directives. XIII. TRAINING A. Members shall receive copies of and be instructed in the department’s use of force policy before they are authorized to carry lethal or less-lethal weapons. B. Sworn members shall receive training at least annually, on the department’s use of force policy and related legal updates. C. Training shall provide de-escalation techniques; simulate actual shooting situations and conditions; and enhance officers’ discretion and judgement in using less-lethal and deadly force in accordance with this order. /s/ DHC ____________________________________ DALE COLEMAN CHIEF OF POLICE 05-30-2023 __________________ DATE GO 8-1.2 Response to Resistance