Apopka Police Department Response To Resistance PDF

APOPKA POLICE DEPARTMENT PROCEDURAL GENERAL ORDERS Effective Date 04-01-22 Number 8480.00 Subject ❑ New ❑ Rescinds RESPONSE TO RESISTANCE, DOCUMENTATION AND REVIEW Reference Application All Employees 05-28-21 Reviewer/Approved by McKinley DeYoung Miller Kennedy F.S.S. 776.05 / 776.051 / 776.06 / 776...

APOPKA POLICE DEPARTMENT PROCEDURAL GENERAL ORDERS Effective Date 04-01-22 Number 8480.00 Subject ❑ New ❑ Rescinds RESPONSE TO RESISTANCE, DOCUMENTATION AND REVIEW Reference Application All Employees 05-28-21 Reviewer/Approved by McKinley DeYoung Miller Kennedy F.S.S. 776.05 / 776.051 / 776.06 / 776.07 490 U.S. 386 (1989) Graham v. Connor Florida Basic Recruit Training Program (CJSTC) Reevaluation Annually Amends Related Forms / Bulletins Blue Team - Response to Resistance Entry PURPOSE: The purpose of this directive is to establish guidelines to assist sworn personnel in their decisionmaking process regarding the appropriate response to resistance, proper use of defensive weapons, de-escalation and to ensure proper training for all personnel. DISCUSSION: This directive establishes guidelines for sworn personnel regarding response to resistance and reflects agency philosophy, professional law enforcement, and established state and judicial standards. It is the directive of the department that personnel only use that level of force necessary to effect lawful objectives. Reasonable force is the amount of force reasonably necessary to make an arrest. The courts examine the factors announced by the U.S. Supreme Court [in Graham v. Connor, 490 U.S. 386 (1989)] to determine whether the use of force was objectively reasonable. The Supreme Court concluded that reasonableness of the use of force must be judged from the perspective of how a reasonable officer on the scene would respond, rather than the perspective of hindsight. An officer’s goal is to achieve compliance, that is, the verbal and/or physical yielding to an officer’s authority. Law enforcement officers only have the authority to use force if the officer has a reasonable belief that the subject has committed, is committing, or will commit a crime. An officer must be able to clearly articulate why the force was needed. Absent this belief, the law enforcement officer has no authority over a subject and, therefore, no permission to use any amount of force at all. Response to Resistance, Documentation, and Review Page 1 of 18 Officers shall not strike or use physical force against any person except when necessary in selfdefense, defense of another, to overcome physical resistance to lawful commands, or to prevent the escape of an arrested person. Officers shall not use unnecessary force or violence in making an arrest or in dealing with a prisoner or any person. When deadly force is justified, it shall be considered a last resort and be employed for effect, not for warning. The response guidelines within this policy are meant to allow the officer to select effective, reasonable, and legal response options to de-escalate (decrease the use of force), disengage (discontinue the command or use of force) or escalate (increase the use of force). As a subject increases his/her resistance level from verbal to physical, an officer may have to increase the level of his/her response until the resistance ceases and the officer is able to gain control of the subject. Officers are legally permitted to escalate the use of force in effecting an arrest (776.05, F.S.) and the officer’s choices of force should be based upon the subject’s resistance and the risk of harm posed to the officer or others. Once the officer gains compliance and resistance ceases, the officer must de-escalate their response level as necessary. In any situation, the officer may use the tactical option of disengagement if the officer is overwhelmed, is waiting for additional officers, is injured, or otherwise determines the risk of continuing the escalation outweighs the potential benefit. At a minimum, the officer must follow applicable federal, state and local laws and use only the force necessary to effect lawful objectives. In properly determining the appropriate response to a subject's resistance, several factors must be evaluated by the officer. For example, an unarmed, small framed, juvenile subject may be aggressively resisting, but may only require the use of physical control by the average officer. On the other hand, a single officer faced with a very large muscular subject may very well find that their response to even mild resistance must be escalated to a relatively high use of force to gain compliance. It must be remembered that by law, officers need not retreat in their efforts to lawfully control a subject, but may utilize the amount of force necessary to accomplish the arrest. This is not to say that a tactical retreat in the face of overwhelming odds may not be a wise choice. DEFINITIONS: Chokehold: The intentional and prolonged application of force to the throat, windpipe or airway of another person that prevents the intake of air. The term does not include any hold involving Response to Resistance, Documentation, and Review Page 2 of 18 contact with another person’s neck that is not intended to prevent the intake of air. This type of physical force is prohibited, unless the officer perceives an immediate threat of serious bodily injury or death to himself, or another person. {FSS 943.1735(2)(c)}. Community Development Block Grant (CDBG): provides annual grants on a formula basis to states, cities, and counties to develop viable urban communities by providing decent housing and a suitable living environment, and by expanding economic opportunities, principally for low- and moderate-income persons. The program is authorized under Title 1 of the Housing and Community Development Act of 1974, Public Law 93-383, as amended 42 U.S.C. 5301 et seq. Deadly Force: Force which is likely to cause death or great bodily harm. De-Escalation Techniques: Taking 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. Duty to Intervene: An attempt to prevent or stop the use of excessive force by another officer when it is objectively reasonable to do so. Excessive Force: Force that exceeds the degree of force permitted by law, policy, or the observing officer’s employing agency. Hobble: A restraining device made of one-inch wide polypropylene webbed belting, equipped with a one-inch wide steel, alligator-jawed friction clip and a brass swivel snap. A person is considered hobbled when they are handcuffed and a hobble device is used to secure the legs and ankles of a subject, and the clip end of that device is not connected to the handcuffs. Hog Tying: A method of securing an individual wherein the feet are secured to handcuffed hands behind a person’s back. Hog tying is prohibited by the department. Response to Resistance, Documentation, and Review Page 3 of 18 Less Lethal Force: Force which is not likely to cause death or great bodily harm. 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 reasonable prudent officer would use under the same or similar situations. Unnecessary Force: Force for which there is no lawful justification for any use of force. Unnecessary force may be force utilized as punishment or for vengeance. Such force is clearly improper and unlawful. Such actions may cause the member to face civil and criminal liability. Such actions will cause the member to face department disciplinary action, which may result in discipline up to, and including, termination of the member. Vascular Neck Restraint (VNR): A technique that can be used to incapacitate individuals by restricting the flow of blood to their brain. This type of physical force is prohibited, unless the use of deadly force is justified. POLICY / PROCEDURE: I. Florida Law: A. Chapter 776.05: Law enforcement officers; use of force in making an arrest. A law enforcement officer, or any person whom the officer has summoned or directed to assist him or her, need not retreat or desist from efforts to make a lawful arrest because of resistance or threatened resistance to the arrest. The officer is justified in the use of any force: 1. Which he or she reasonably believes to be necessary to defend himself or herself or another from bodily harm while making the arrest; 2. When necessarily committed in retaking felons who have escaped; or 3. When necessarily committed in arresting felons fleeing from justice. However, this subsection shall not constitute a defense in any civil action for damages brought for the wrongful use of deadly force unless the use of deadly Response to Resistance, Documentation, and Review Page 4 of 18 force was necessary to prevent the arrest from being defeated by such flight and, when feasible, some warning had been given, and: a. The officer reasonably believes that the fleeing felon poses a threat of death or serious physical harm to the officer or others; or b. The officer reasonably believes that the fleeing felon has com mitted a crime involving the infliction or threatened infliction of serious physical harm to another person. B. Chapter 776.051: Use of force in resisting arrest or making an arrest or in the execution of a legal duty; prohibition: 1. A person is not justified in the use of force to resist an arrest by a law enforcement officer, or to resist a law enforcement officer who is engaged in the execution of a legal duty, if the law enforcement officer was acting in good faith and he or she is known, or reasonably appears, to be a law enforcement officer. 2. A law enforcement officer, or any person whom the officer has summoned or directed to assist him or her, is not justified in the use of force if the arrest or execution of a legal duty is unlawful and known by him or her to be unlawful. C. Chapter 776.06: Deadly force: 1. The term "deadly force" means force that is likely to cause death or great bodily harm and includes, but is not limited to: a. The firing of a firearm in the direction of the person to be arrested, even though no intent exists to kill or inflict great bodily harm; and b. The firing of a firearm at a vehicle in which the person to be arrested is riding. 2. The term "deadly force" does not include the discharge of a firearm by a law enforcement officer or correctional officer during and within the scope of his or her official duties which is loaded with a less lethal munition. As used in this subsection, the term "less lethal munition" means a projectile that is designed to stun, temporarily incapacitate, or cause temporary discomfort to a person without penetrating the person's body. D. Chapter 776.07: Use of force to prevent escape: Response to Resistance, Documentation, and Review Page 5 of 18 1. A law enforcement officer or other person who has an arrested person in his or her custody is justified in the use of any force which he or she reasonably believes to be necessary to prevent the escape of the arrested person from custody. E. Section 104(L)(1) of Title I of the Housing and Community Development Act of 1974: 1. The City of Apopka pursues CDBG’s and as a result adopts the following CDBG requirements: a. That it is the policy of the Apopka Police Department to prohibit the use of excessive force against any individuals engaged in nonviolent civil rights demonstrations. This provision does not prohibit the use of lawful force if otherwise justified under this policy or state/federal law. That it is the policy of the Apopka Police Department to enforce b. applicable state and local laws against physically barring entrance to or exit from a facility or location which is the subject of such nonviolent civil rights demonstration within the department’s jurisdiction. II. Policy Review: A. Prior to any sworn member being issued a lethal or less lethal weapon, he or she: 1. Shall successfully complete the Florida Basic Recruit Training Program, or its equivalent. 2. Shall be trained in this Procedural General Order and be provided a copy of such. B. Every calendar year thereafter, the member, shall review this Procedural General Order prior to the member’s annual weapon’s qualification. C. The appropriate documentation of such training will be made for inclusion in the member’s training files. III. Proper Response to Resistance Determination: A. Force Levels: The Response to Resistance Determination is meant to be used as a guideline for an officer to select effective, reasonable, and legal force options in a Response to Resistance, Documentation, and Review Page 6 of 18 verbal or physical encounter. The Response to Resistance Determination is comprised of Subject resistance Levels and Officer Response Levels. 1. Subject Resistance Levels: a. Passive Resistance: This is a subject’s verbal and/or physical refusal to comply with or respond to an officer’s lawful direction causing the officer to use physical techniques to establish control. Some examples of passive resistance include, but are not limited to, the following: 1) The subject refuses to move at the officer’s direction. 2) The subject peacefully protests at a political event in a public location. 3) The subject refuses to take his hands out of his pockets or from behind his back. b. Active Resistance: This is a subject's use of physically evasive movements directed toward the officer, such as bracing, tensing, pushing, or pulling away to prevent the officer from establishing control over the subject. Some examples of active resistance include, but are not limited to, the following: 1) The subject physically anchors himself to a person or object to prevent himself from being removed. 2) The subject braces or pulls away from the officer when the officer grips the subject's arm. 3) The subject attempts to run when the officer touches or attempts to grab the subject's arm or shoulder. c. Aggressive Resistance: This is a subject’s attacking movements toward an officer that may cause injury, but are not likely to cause death or great bodily harm to the officer or others. Some examples of aggressive physical resistance include, but are not limited to: 1) The subject balls up his fist and approaches the officer. 2) The subject pushes the officer back as the officer attempts to take the subject into custody. Response to Resistance, Documentation, and Review Page 7 of 18 3) The subject grabs any part of the officer’s body or otherwise strikes the officer. Deadly Force Resistance: This is a subject’s hostile, attacking d. movements with or without a weapon that create a reasonable perception by the officer that the subject intends to cause or has the capability of causing death or great bodily harm to the officer or others. Some examples of deadly force resistance include, but are not limited to, the following: 1) The subject refuses to drop a knife when ordered to by the officer and moves toward the officer. 2) The subject shoots or points a gun at the officer or other person. 3) The subject grabs the officer's firearm and/or other tools. 4) The subject has gained a dominant position over the offi-cer, with the apparent ability and intent to cause death or great bodily harm. (e.g., a subject mounts an officer while the officer is on the ground.) 2. Officer Response Levels - The nature of the officer’s response to a subject’s resistance is determined by the subject’s actions. Officers should always try to resolve a situation with the least amount of force necessary. Command presence and verbal communication often will defuse many volatile situations. Sometimes, however, these are not enough or officers may not have the opportunity to use them. Officers need not apply force in gradually increasing steps in order to justify physical control or even deadly force. Instead, officers need to respond with all the force reasonably necessary for the circumstances of each specific situation based on the subject(s) level of resistance. a. Communication: no potential for physical harm: 1) Dialogue: A two way, controlled, non-emotional communication between the officer and subject, aimed at problem identification and/or resolution. Response to Resistance, Documentation, and Review Page 8 of 18 2) Verbal Direction: An officer tells or commands a subject to engage in or refrain from a specific action or non-action. 3) Touch: A touch used to comfort or console a distraught individual. An officer may use a soft assisting touch when guiding, directing or obtaining the attention of a subject, or a firm, strong touch prior to escalating to a higher level of force. b. Physical Control: This is the officer’s application of empty hand or leverage-enhanced techniques to achieve compliance or custody of a subject. Examples of physical control options: 1) Restraint Devices 2) Transporter 3) Pain Compliance 4) Take Downs 5) Striking Techniques c. Less Lethal Weapon: This is the officer’s use of a weapon that is not fundamentally designed to cause death or great bodily harm. If tactically feasible and appropriate, officers shall give verbal warnings to a subject and a chance to comply prior to the use of a less lethal weapon. Example of less-lethal force options: 1) Conducted Electrical Weapon (CEW) (Taser) 2) Expandable Baton 3) Chemical Weapon 4) Beanbag Rounds and other Less-Lethal Munitions d. Deadly Force: This is the officer’s application of weapons, strikes or holds with the intent, or the ability, to cause great bodily harm or death. 1) Use of deadly force may be an officer’s first and only appropriate response to a perceived threat. Response to Resistance, Documentation, and Review Page 9 of 18 2) Force may be considered deadly force even though it does not cause death, great bodily harm, or injury as in the firing of a pistol toward, but not striking a target. a) Where feasible and appropriate, officers shall give verbal warnings to a subject and a chance to comply prior to the use of deadly force.. 3) The use of deadly force is based upon the subject’s: a) Ability – refers to the subject having the means to carry out his or her intent to cause death or great bodily harm. An officer must determine whether the subject has the necessary means to cause death or great bodily harm to the officer or others. b) Opportunity – means the subject is capable of carrying out an intention to cause death or great bodily harm to the officer or others. The subject’s weapon often determines opportunity. For example, a suspect armed with a knife may not be an immediate threat to an officer standing far away. However, the same person standing closer or carrying a firearm certainly has the opportunity to carry out his intent to cause death or great bodily harm. Additionally, the weapon need not be on the person but in close enough proximity to obtain that weapon within moments. c) Intent - is a reasonably perceived threat to an officer or another person based on the subject’s actions, behaviors, words, or other indicators that show the subject’s intent to cause death or great bodily harm. Examples of deadly force options: (1) Use of firearms (2) Eye gouges (3) Hand strikes to the throat (4) Impact weapons to the head or neck B. Use of Objective Reasonableness: Response to Resistance, Documentation, and Review Page 10 of 18 1. Totality of the Circumstances: All the facts and circumstances known to the officer at the time or reasonably perceived by the officer as the basis for the decision to use force. The courts will look at the totality of the circumstances in determining whether the decision was objectively reasonable and, therefore, legally justified. 2. When using force, the member should consider: a. What is the severity of the crime that the subject has or is committing? b. Does the subject pose an immediate threat to the safety of officers or others? c. Is the subject actively resisting, aggressively resisting, or using deadly force resistance? d. Is it tactically feasible to give a warning and a chance to comply prior to the response to resistance without compromising safety? 3. Some additional situational factors that support the Totality of the Circumstances may include, but are not limited to: a. Number of subjects versus the number of officers b. Subject’s mental or psychiatric history, if known to the officer c. Subject’s violent history, if known to the officer d. Subject’s apparent or known specialized combative skills and/or physical ability e. Subject’s access to weapons f. Presence of innocent bystanders or potential victims who could be harmed g. Duration of the confrontation h. Subject’s size, age, weight, and physical condition i. Officer’s size, age, weight, physical condition, and defensive tactics expertise j. Environmental factors such as physical terrain, weather conditions, etc. k. Alcohol or drug influence Response to Resistance, Documentation, and Review Page 11 of 18 4. l. Subject's level of agitation m. Imminent danger n. Whether the subject can be captured later o. Injury or exhaustion (officer's condition) p. Whether evidence is likely to be destroyed q. Other officer's condition (officer rescue situation) Every Response to Resistance requires a new analysis to ensure the force is reasonable. (For example: After the first deployment of the Conducted Electrical Weapon (Taser), the Court will determine if that deployment was reasonable within the law. If the officer uses a second deployment of the Conducted Electrical Weapon (Taser) to gain compliance, the Court will do a second review to see if that second deployment was reasonable within the law, separate and distinct from the first deployment). C. Weapons of opportunity – Nothing in this policy shall prevent an officer from utilizing any readily available object or empty hand technique as a weapon in circumstances or situations where the actions of a subject constitute Deadly Force Resistance that could result in great bodily injury, permanent disability, permanent disfigurement or death to the officer or others. Any officer using such weapons (e.g., flashlights, clipboards, keys, pocket knives, etc.) shall complete a Blue Team Response to Resistance entry. D. Decision Matrix: 1. Resistance: a. Is the subject resisting my lawful authority? b. Is the subject making attacking movements not likely to cause death or great bodily harm? c. Is the subject making attacking movements likely to cause death or great bodily harm? 2. Situational: a. Will subject factors influence this situation? (Weapon, Size, Demeanor?) Response to Resistance, Documentation, and Review Page 12 of 18 b. What officer factors influence this situation? (Training, Experience, Physical Size?) c. What environmental factors influence this situation? (Weather, Location, Presence of Others?) 3. Officer Response: a. Can I physically control the subject? b. Could I use a less lethal weapon not meant to cause death or great bodily harm? c. Is deadly force the appropriate option to prevent death or great bodily harm to myself or others? 4. Justification: a. Were my actions reasonable based upon the subject’s resistance and totality of the circumstances? b. Am I able to articulate the reasons for my actions? c. Was I in compliance with my policy and training along with constitutional and state law? IV. Medical Assistance: A. Members have a duty to render medical assistance following a use of force. This requires that an officer knows, or when it is otherwise evident, that a person who is detained or in custody is injured or requires medical attention to provide first aid or seek medical assistance when such action is reasonable, based on the totality of the circumstances and the officer may do so without jeopardizing his or her own health or safety. B. The member(s) involved in a response to resistance shall notify EMS for an evaluation. of the suspect in response to the following events: 1. The subject complains of injury, requests medical treatment, and/or any member observes or suspects injury to the subject. 2. CEW or Taser discharges to a suspect, including contact discharges, regardless of whether the prongs break the skin. Officers will be aware that the use of CEWs may cause the suspect to fall from a standing position. If this Response to Resistance, Documentation, and Review Page 13 of 18 occurs, EMS Personnel should be reminded to check the suspect for possible injuries related to a fall. 3. Impacts by less-lethal firearms, including strikes with rubber or bean bag rounds to suspects. 4. Strikes with impact weapons to a suspect. 5. Chemical application to a suspect by hand-held oleoresin capsicum spray, pepper ball rounds, or launched gas rounds. 6. K9 apprehensions (bites) to suspects, regardless of whether the bite breaks the skin. C. The on-duty supervisor will be notified and shall respond to the scene. D. Mandatory EMS Transport of a Subject: 1. Any Taser CEW discharge/exposure. 2. Impacts by less lethal firearms, including strikes with rubber or bean bag rounds to suspects. V. Duty to Intervene / Attempt to De-escalate A. Whenever possible, officers should recognize that they may not be able to effectively communicate with every individual they encounter. If time permits and communication between the officer and the subject has become unproductive, the officer shall consider allowing another officer on scene to attempt to gain compliance from the subject and de-escalate the situation through verbal means. B. Any officer who observes another law enforcement officer engaging or attempting to engage in excessive or unnecessary force will intervene to end the excessive or unnecessary use of force or attempted excessive use of force when such intervention is reasonable based on the totality of the circumstances and the observing officer may intervene without jeopardizing his or her own health or safety. C. If necessary and feasible, the officer witnessing the excessive or unnecessary use of force will take custody of the prisoner or control of the scene. D. Officers witnessing the excessive or unnecessary use of force by another officer will report the excessive or unnecessary use of force to their supervisor, as soon as possible following the incident. Response to Resistance, Documentation, and Review Page 14 of 18 VI. Reporting: A. Blue Team Response to Resistance Entry: During law enforcement functions (apprehension of a suspected offender), a Blue Team Response to Resistance Entry must be completed under the following circumstances regardless of whether an arrest is made: 1. The discharge of a firearm or munitions launcher: a. Regardless of whether or not the firearm or launcher had lethal or less lethal rounds discharged. b. Regardless of whether there was injury or the use was successful in the apprehension of the suspect. 2. The discharge or use of a CEW (Taser): a. Regardless of whether there was injury or the use was successful in the apprehension of the suspect. 3. The discharge or use of a chemical weapon: a. Regardless of whether there was injury or the use was successful in the apprehension of the suspect. 4. The discharge or use of a diversionary device: a. If the use was not included in a preplanned search warrant or its use caused injury, suspected injury, or claimed injury. 5. The use of a K-9: a. If there was physical contact with the suspect by the K-9, regardless of whether there was injury. 6. The use of a takedown technique: a. Regardless of whether there was injury or the use was successful in the apprehension of the suspect. 7. Any action taken, either with a weapon or weaponless, that results in injury or death of another person or claimed injury, regardless of whether the injury is evident or non-evident. 8. The use of a defensive weapon, even if the weapon is “ad hoc” or “alternative weapons” (i.e. flashlight, stick, keys, etc.) during the defense of the member or another. Response to Resistance, Documentation, and Review Page 15 of 18 9. Civil disorder situations when the use of less lethal force for crowd control and/or disbursement where no arrest is possible. (The incident supervisor or their designee is responsible for the completion of the Blue Team Response to Resistance entry.) 10. Accidental / Unintentional Discharge: a. Firearm: 1) Lethal ammunition discharged 2) Less lethal ammunition discharged 11. b. CEW (Taser) c. Chemical d. Diversionary Hobble: A person is considered hobbled when they are handcuffed and a hobble device is used to secure the legs and ankles of a subject, and the clip end of that device is not connected to the handcuffs. B. Accident Report Form: Any injury sustained by an officer will be reported on the City of Apopka Accident Report Form and a Blue Team City Accident Entry shall be completed. Notifications shall be made according to Procedural General Orders. C. Incident Report: 1. The Response to Resistance shall be documented within the narrative of the incident report. 2. In those instances where no arrest was made, an information report will be completed and all relevant supporting documentation (BWC footage, In-car camera footage, photos, etc.) will be retained in CAFÉ. 3. The report and any relevant supporting documentation (BWC footage, In-car camera footage, photos, etc.) shall accompany the Blue Team entry. NOTE: Officers, other than witnesses, involved in a Response to Resistance incident, which could result in potential criminal charges against the officer, where an outside agency has been requested to investigate the incident, should not be interviewed by anyone other than the outside investigating agency. This does not preclude the officer from providing public safety information, providing complete suspect descriptions, providing information necessary to establish probable cause for the arrest of any subjects involved in the incident, or providing Response to Resistance, Documentation, and Review Page 16 of 18 information at any interview conducted for any administrative purpose. If an outside agency is investigating the use of force incident to determine whether criminal charges will be pursued against the officer who used force, the reporting requirements requiring the officer who used force to document the use of force will be waived unless otherwise directed by the Chief of Police or his designee. VII. Incident Supervision and Review: A. Supervision: In any instance where physical force has been used qualifying under “III. A,” 1. above, the involved officer(s) will notify the on-duty supervisor as soon as practical. 2. The on-duty supervisor shall respond to the scene. 3. The supervisor will investigate each incident and ensure that the proper documentation is completed. All documentation shall be reviewed and submitted via the chain of command. The Guiding Procedural General Order(s) shall be noted in the completed Blue Team entry. 4. Supervisors shall visually examine and verbally question the subject to determine whether an injury was sustained or one is being complained of. 5. A photograph shall be taken of all injuries or any claimed injuries by the injured. 6. All injuries, or the absence of injuries, shall be documented in the Blue Team entry. 7. B. Spent munitions shall be photographed and shall be preserved as evidence. Review: 1. Blue Team Response to Resistance Entries shall be reviewed by: a. The member’s immediate supervisor (or the on-duty supervisor that initially responded to the scene) b. The Watch Commander (or acting Watch Commander) – The Watch Commander will assign a subject matter instructor to review the entry. The instructor will then forward their review back to the Watch Commander. c. Division Captain Response to Resistance, Documentation, and Review Page 17 of 18 d. Deputy Chief e. Police Chief 2. Members at each level of review shall analyze the facts surrounding the incident, compare the use with statute and policy and mark whether they approve the use, disapprove the use, or recommend a formal inquiry. C. Independent Review: 1. Use of force incidents resulting in the death of any person or the intentional discharge of a firearm that results in injury or death to any person will have an independent review by one of the following: a. A law enforcement agency that did not employ the member under investigation at the time of the use of force. b. A law enforcement officer who is not employed by the same employing agency as the law enforcement officer under investigation; or c. The state attorney of the judicial circuit in which the use of force occurred. 2. The reviewing officer shall complete an independent report upon completion of the independent review. The independent report shall be submitted to the state attorney of the judicial circuit in which the use of force occurred. 3. The police chief will determine which agency will be utilized to complete the review. VIII. Analysis and Annual Reporting: A. The training supervisor shall, on a continual basis, review completed defensive tactics forms to evaluate the need for, and effectiveness of, training and evaluate product reliability. B. The training supervisor shall conduct an analysis of all the department’s response to resistance documentation and isolate, if any, trends on a calendar year basis. C. The training supervisor shall prepare an annual report to the Police Chief, describing the results of the analysis and make recommendations, if any, related to training needs, equipment upgrades, and/or policy modifications related to the response to resistance. By Order of: Response to Resistance, Documentation, and Review Michael McKinley, Police Chief Page 18 of 18