1.3

1.3

USE OF FORCE

This directive is for departmental use only and does not apply in any criminal or civil proceeding. The department policy should not be construed as a creation of higher legal standard of safety or care in an evidentiary sense with respect to third party claims.

1.3.1 Business Necessity

This department recognizes and respects the value and special integrity of each human life. In vesting police officers with the lawful authority to use force to protect the public welfare, a careful balancing of all human interests is required.

1.3.2 Definitions

Lethal Force: Any use of force that is likely to cause death or serious bodily harm.

Less Than Lethal Force: Any use of force that has an unlikely potential to result in death or serious injury.

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.

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.

1.3.3 Policy

It is the policy of this department that police officers shall use only that force that is reasonably necessary to effectively bring an incident under control, while protecting the lives of the officer or another.

1.3.4 Procedure
1.3.4.1 Parameters for use of Lethal force

Police officers are authorized to fire their weapons in order to:

(a) protect the police officer or others from what is reasonably believed to be an immediate threat of death or serious bodily harm; or

(b) prevent the escape of a fleeing felon whom the officer has probable cause to believe will pose a significant threat to human life should escape occur.

Before using a firearm, police officers shall, when feasible, attempt to identify themselves and state their intent to shoot.

A police officer may also discharge a weapon under the following circumstances:

(a) during range practice or competitive sporting events; or

(b) to destroy an animal that represents a threat to public safety, or as a humanitarian measure where the animal is seriously injured.

Police officers shall adhere to the following restrictions when their weapon is exhibited:

(a) Except for maintenance or during training, police officers shall not draw or exhibit their firearm unless circumstances create reasonable cause to believe that it may be necessary to use the weapon in conformance with this policy.

(b) Warning shots are prohibited.

(c) Police officers shall not fire their weapons at or from a moving vehicle except when this lethal force is the ultimate measure of self-defense or defense of another when the suspect(s) have responded by using deadly force.

(d) Firearms shall not be discharged when it appears likely that an innocent person may be injured.

1.3.4.2 parameters for use of less than lethal force

Where lethal force is not appropriate, officers should assess the incident in order to determine which less than lethal technique or weapon will best de-escalate the incident and bring it under control in a safe manner.

Police are authorized to use department approved less than lethal force techniques and authorized equipment for resolution of incidents, as follows:

(a) to protect themselves or another from physical harm; or

(b) to restrain or subdue a resistant individual; or

1.3.4.3 Training and qualifications

Lethal weapons:

(a) While on and off duty, police officers shall carry only weapons and ammunition authorized by and registered with the department. (See Table 1.3.1).

(b) Authorized weapons are those with which the police officer has qualified and received departmental training on proper and safe usage, and that are registered and comply with departmental specifications.

(c) The police department shall schedule regular training and qualification sessions for duty, off duty and specialized weapons, which will be graded on a pass/fail basis.

(d) Police officers who fail to receive a passing score with their duty weapon(s) in accordance with department testing procedures shall be immediately temporarily re-assigned to administrative duties until the deficiencies are remedied..

(e) A police officers shall not be permitted to carry any weapon with which he has not been able to qualify during the most recent qualification period.

(f) A police officer who has suffered an illness or injury that could affect his use of firearms ability will be required to re-qualify before returning to enforcement duties.

Less than Lethal force weapons and methods:

(a) A police officer is not permitted to use a less than lethal weapon unless qualified in its proficient use as determined by training procedures.

1.3.4.4 Reporting uses of force

A supervisor will be immediately notified and will comply with investigative procedures as required by the department in the following situations:

(a) when a firearm is discharged outside of the firing range;

(b) when a use of force results in death or serious injury;

Details of the facts and circumstances surrounding the use of force or a discharge of a firearm will be required to be included in a written report and have completed and attached a "Use of Force Report" (UFR) in the following situations:

(a) when a firearm is discharged outside of the firing range;

(b) when a use of force results in death or injury;

1.3.4.5 Departmental response

Lethal force incident:

(a) Where a police officer's use of force causes death or serious injury, the officer shall be placed on administrative leave after completing all internal investigative requirements, and until it is determined by a mental health professional that the police officer is ready to return to duty.

(b) The department shall conduct an investigation of the incident.

Administrative review of critical incidents:

(a) All reported uses of force will be reviewed by the DDT to determine whether:

(1) departmental rules, policy or procedures were violated;

(2) the relevant policy was clearly understandable and effective to cover the situation;

(3) department training is currently adequate.

(b) All findings of policy violations or training inadequacies shall be reported to the Chief of Police for appropriate action.

(d) There will be a regular review of use of force incidents by the DDT to ascertain training and policy needs.

(e) An annual summary report of use of force incidents will be published in the department's year end report and made available to the public upon request.

Table 1.3.1

Authorized On/Off Duty Weapons

Type	Minimum Barrel	Caliber	Min. Ammo Capacity
Revolver - On Duty	4 in.	38 or 357	6
Auto - On Duty	3 1/2 in.	9mm or 38	6
Shot Gun On/Off Duty	18 in	12 Gauge	4
Revolver - Off Duty	2 in.	38 or 357	5
Auto - Off Duty	2 in.	9mm, 380	5
All others as approved by the Weapons Officer.

Physical Technique
Chemical Mace
Judo Stick
Standard Police Baton
Expandable Police Baton
PR-24 Side Handle Baton

All Others as approved by the Weapons Officer.

Authorized Ammunition

Caliber	Grain	Description
38	95	Hollow point Silver Tip
38	125	Semi Jacketed Hollow Point or Solid Point
38	125	Full Jacketed Hollow Point or Solid Point
38	158	Semi-Full Jacketed Hollow Point or Solid Point
38	158	Hollow Point +P Lead or Jacketed
9mm	115-147	Full Metal Case Round Nose Solid or Duty Equivalent
9mm	114-147	Semi Jacketed Hollow Point or Soft Point Subsonic Duty
380	95/125	Metal Case Round Nose
380	88	Jacketed Hollow Point
45	185-225	Jacketed Hollow Point or Soft/Solid Point
308	150	Pointed Soft Point
308	180	Round Nose Soft Point
308	180	Pointed Soft Point
12 Gauge		00 Buck Shot 2 3/4" 9 Pellets
12 Gauge		Rifled Slug 2 3/4" 1 oz. Load
12 Gauge		#4 Buck Shot 2 3/4
All others as approved by the Weapons Officer