RESPONSE TO RESISTANCE.pdf

BOCA RATON POLICE SERVICES DEPARTMENT Departmental Standards Directive 01.300 RESPONSE TO RESISTANCE Revised: June 24, 2020 I. PURPOSE: The purpose of this departmental standards directive is to provide employees with direction and guidelines for the use of lethal and less-lethal force. II. POL...

BOCA RATON POLICE SERVICES DEPARTMENT Departmental Standards Directive 01.300 RESPONSE TO RESISTANCE Revised: June 24, 2020 I. PURPOSE: The purpose of this departmental standards directive is to provide employees with direction and guidelines for the use of lethal and less-lethal force. II. POLICY: It is the policy of the Department to value and preserve human life. Law enforcement officers (LEOs) shall use only the force that is objectively reasonable to effectively bring an incident under control, while protecting the safety of LEOs and others. LEOs shall use force only when no reasonably effective alternative appears to exist and shall use only the level of force which a reasonably prudent LEO would use under the same or similar circumstances. III. DEFINITIONS: De-Escalation: Taking an action or communicating verbally or non-verbally during a potential force encounter in an attempt to stabilize the situation and reduce the immediacy of the threat so that more time, options and resources can be called upon to resolve the situation without the use of force or with a reduction in the force necessary. Imminent Danger: Conditions or circumstances that exist that pose a danger which could reasonably be expected to cause harm immediately or before such danger can be eliminated. Impact Munition: A projectile that is designed to stun, temporarily incapacitate, or cause temporary discomfort to a person without penetrating the person's body. This is considered an impact weapon. Less-Lethal Force: Any use of force other than lethal force that involves a physical effort to control, restrain or overcome the resistance of another. Lethal Force: Any force that is likely to cause death or serious bodily injury. Lethal force does not include the discharge of a firearm that is loaded with a less-lethal munition by a law enforcement officer during and within the scope of his/her official duties. 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 in light of 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 situations. The reasonableness of any use of force will be judged from the perspective of a reasonable LEO without the benefit of hindsight. Effective: May 1, 1982 Revised: June 24, 2020 Response to Resistance Directive No. 01.300 Page 1 of 7 IV. PROCEDURE: A. USE OF FORCE/RESPONSE TO RESISTANCE GUIDELINES: 1. Florida law provides that an LEO need not retreat or desist from efforts to make a lawful arrest because of resistance or threatened resistance. 4.01 2. Whenever it is determined, based on an LEO’s training and experience, that circumstances of a situation allow, an LEO shall use de-escalation techniques and other alternatives before resorting to force and to reduce the need for force. De-escalation techniques include, but are not limited to the following: a. Command presence b. Advisements c. Warnings d. Verbal Judo and persuasion e. Tactical re-positioning 3. Whenever possible and when such delay will not compromise the safety of the LEO or another person and will not result in the destruction of evidence, escape of a suspect, or the commission of a crime, an LEO must allow an individual time and opportunity to submit to verbal commands before force is used. 4. An LEO is justified in using force when there is reasonable belief that such force is necessary to accomplish the following lawful objectives: 4.01 a. To protect the LEO or others from immediate physical harm b. To restrain or subdue an individual who is actively resisting or evading arrest c. To bring an unlawful situation safely and effectively under control 5. An LEO shall use the minimal amount of force that is reasonably necessary to control a person. The use of force shall be discontinued when resistance ceases or the incident is under control. 4.01 6. An LEO’s decision to use force will be dependent upon the totality of the circumstances. Factors to be considered include, but are not limited to the following: a. The seriousness of the crime at issue b. Whether the suspect poses an immediate threat to an LEO or to another person Effective: May 1, 1982 Revised: June 24, 2020 Response to Resistance Directive No. 01.300 Page 2 of 7 c. The level of resistance on the part of the suspect d. Whether the person is fleeing from an arrest or other lawful detention e. The known violent history of the suspect f. The known use or suspected use of intoxicants by the subject g. The physical abilities and size of the person offering resistance h. Whether the person is armed and the type of weapon i. The physical condition of the LEO j. The location of the event k. The presence of bystanders l. The LEO's experience and level of training 7. See Appendix A for types of subject resistance and LEO control options. 8. See the following directives for guidelines regarding less-lethal control options: a. Departmental Standards Directive 01.315 Use of the TASER b. Departmental Standards Directive 01.320 Less-Lethal Weapons and Ammunition c. Departmental Standards Directive 41.250 Use of Canines 9. 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 LEO, or another person. In these situations, only the minimal amount of force necessary to control the situation shall be used. 10. An LEO has a duty to intervene to prevent or stop the use of excessive force by another LEO when it is safe and reasonable to do so. 11. An LEO is authorized to use lethal force when there is reasonable belief that such force is necessary to accomplish the following lawful objectives: a. To protect the LEO or others from what is reasonably believed to be an immediate threat of death or serious bodily injury. b. To prevent the escape of a fleeing subject when the LEO has probable cause to believe that the person has committed, or intends to commit a felony involving serious bodily injury or death, and the LEO reasonably believes that there is an imminent risk of serious bodily injury or death to the officer or another if the subject is not immediately apprehended. Effective: May 1, 1982 Revised: June 24, 2020 Response to Resistance Directive No. 01.300 Page 3 of 7 12. Whenever feasible under the circumstances, the LEO shall identify himself/herself as an LEO and give a verbal warning before lethal force is used. 13. When making the decision whether to use lethal force, the LEO shall consider the probability of hitting the intended target and the risk to the safety of bystanders and other LEOs. 14. Lethal force shall not be used against a person whose actions are a threat only to himself/herself or property. B. RESTRICTIONS: 1. An LEO shall not fire at a moving vehicle or vessel or at any occupant of a moving vehicle or vessel except under the following circumstances. a. When the occupant of a moving vehicle or vessel poses an immediate threat with a firearm to, or fires upon an LEO or another person, and other means of avoiding the danger are reasonably determined to be impractical. b. When the manner of operation is such that the vehicle or vessel is reasonably determined as being used as a weapon against an LEO or another person and other means of either stopping the vehicle or avoiding danger, which includes moving out of the path of the vehicle or vessel, are not available or are reasonably determined to be impractical. 2. When approaching a stationary vehicle, an LEO shall use appropriate safety measures and shall not take any action that unnecessarily escalates the situation and/or intentionally places himself/herself in harm's way by standing or moving in front of or directly behind a vehicle. a. An LEO should avoid reaching into a stationary vehicle with the engine running; however, circumstances may be present where an LEO may be forced to reach into a stationary vehicle, while it is under physical control of the driver, to protect life or to affect an arrest. b. If the LEO reasonably determines it is necessary to reach into a stationary vehicle and the driver thereafter attempts to move the vehicle or drive away, the LEO shall make every reasonable effort to remove himself/herself from potential danger and move to an area of safety. 3. LEOs shall not reach into moving vehicles. In relation to moving vehicles, an LEO shall not needlessly place himself/herself (or remain) in situations of great danger for any reason (or as a justification for the use of force). 4. No LEO shall place his/her finger on the trigger of a firearm unless he/she immediately intends to discharge the firearm. a. LEOs shall use caution to avoid a sympathetic reflex when less-lethal weapons are utilized on subjects by other LEOs on a scene. Effective: May 1, 1982 Revised: June 24, 2020 Response to Resistance Directive No. 01.300 Page 4 of 7 5. An LEO shall not utilize his/her firearm to fire a warning shot. 4.04 6. An LEO shall not use lateral vascular neck restraints or chokeholds except in circumstances where lethal force is justified. C. CIVILIAN EMPLOYEES: 1. Community service officers (CSOs) and crime scene technicians (CSTs) have no general arrest powers, and shall not attempt to make any physical arrests. If a situation arises where a physical arrest is indicated, an LEO will be dispatched to the scene as a priority to make the arrest. 2. Under no circumstances will CSOs or CSTs use physical force in the performance of their duties, except as a last resort in self-defense. D. UNHOLSTERING AND DISPLAYING A SIDEARM: 1. An LEO may unholster and/or display a sidearm whenever he/she reasonably believes that imminent danger exists. E. APPROACH AND ARREST: 1. An LEO should consider self-preservation and the safety of others as their primary concerns when approaching and/or arresting a suspect. 2. When approaching what could be a potentially dangerous situation, an LEO should consider the use of cover to avoid a threat of lethal force directed toward him/her. 3. When dealing with any person, who may become dangerous or hostile, the LEO should maintain a safe distance between himself/herself and the subject to avoid or to reduce the possibility of physical attack. F. OTHER CONTROL OPTIONS: 1. The Department recognizes that the flashlight, portable radio, or any other available object may be used as an impact weapon, but the Department will only authorize the use of this equipment as an alternative means of force based on the totality of the circumstances of a given situation. If employed, the LEO should use the flashlight, portable radio, or any other available object in the same manner as any other impact weapon. 2. LEOs shall use restraint devices in accordance with Standard Operating Procedure 01.02 Restraint Devices. Effective: May 1, 1982 Revised: June 24, 2020 Response to Resistance Directive No. 01.300 Page 5 of 7 G. RENDERING AID AFTER USE OF FORCE: 4.08 1. Once the scene is safe and as soon as practical, an LEO shall provide appropriate medical care consistent with his/her training to any individual who has visible injuries, complains of being injured, or requests medical attention. H. REPORTS AND REVIEWS OF RESPONSE TO RESISTANCE: 1. Whenever a LEO, who is acting in an official capacity, whether on or off-duty and regardless of whether or not an arrest was made, uses a weapon or makes physical contact with someone for control purposes, the LEO shall immediately notify his/her supervisor of the incident and document in detail the circumstances surrounding the contact and all actions taken in his/her Incident Report. 4.07 2. Other than in the circumstances listed in subparagraph 6 below, a supervisor will respond to the scene and complete a Use of Force Report in the records management system when an LEO while acting in an official capacity, whether on or off-duty and regardless of whether or not an arrest was made, uses a weapon, physical control and/or a physical technique that includes the following: 4.07, 15.15 a. Takedown b. Hard hand technique c. Less-lethal force (other than mere handcuffing) d. Lethal force 15.15 e. Any physical control or physical technique that results in an injury or death 15.15 f. Any physical control or physical technique that results in a claim of injury g. Any physical control or physical technique that results in an allegation of excessive force 3. The supervisor shall ensure that photographs are taken documenting the use of force, the photographs are placed in evidence, and that copies of the photographs are attached to the Use of Force Report. 15.15 4. The completed Use of Force Report shall be forwarded through the chain of command for review and recommendations pertaining to the incident. 4.07, 15.15 5. Any time an LEO discharges a firearm, excluding range practice or off duty recreational purposes, a supervisor will document the incident in the Use of Force module, indicating a Firearm Discharge. A supervisor can complete the documentation separately or in conjunction with the Use of Force Report, depending on the circumstances. 4.07 Effective: May 1, 1982 Revised: June 24, 2020 Response to Resistance Directive No. 01.300 Page 6 of 7 6. The following situations do not require a supervisor to complete a Use of Force Report, but the LEO shall document them in his/her incident report: 4.07 a. Unintentional discharges of firearms. However, the supervisor shall be required to document the incident in the Use of Force module, indicating a Firearm Discharge. 4.07 b. When an arrestee is injured prior to the arrest, e.g., fleeing by jumping a fence. c. When the arrestee causes injury to himself/herself, (e.g., trips, falls, or bangs his/her head against an object). 7. The Professional Standards Bureau (PSB) will conduct an annual analysis of all response to resistance incidents, review Department policies and practices, and prepare a report of the findings for the chief of police. The purpose of the PSB analysis of the incidents is to determine whether policy, training, weapon/equipment, or discipline issues exist that should be addressed. 4.09 I. ANNUAL TRAINING: 1. LEOs shall receive annual training on response to resistance policies and procedures. 2. CSOs issued oleoresin capsicum (OC) spray shall receive annual training on use of force for self-defense with OC policies and procedures. J. ADMINISTRATIVE LEAVE: 1. See Departmental Standards Directive 22.100 Compensation, Benefits, and Conditions of Work for information on administrative leave and support services for employees involved in a critical or traumatic incident which results in a death or serious bodily injury. Approved: Michele Miuccio Chief of Police Effective: May 1, 1982 Revised: June 24, 2020 Date: Response to Resistance Directive No. 01.300 Page 7 of 7