USE OF FORCE Model Policy Effective Date February 2006 Number Subject Use of Force Reference Special Instructions Distribution Reevaluation Date I. PURPOSE No. Pages 2 IV. PROCEDURES The purpose of this policy is to provide law enforcement officers of this agency with guidelines for the use of deadly and nondeadly force. A. Use of Deadly Force 1. Law enforcement officers are authorized to use deadly force when one or both of the following apply: a. To protect the officer or others from what is reasonably believed to be a threat of death or serious bodily harm. b. To prevent the escape of a fleeing violent felon who the officer has probable cause to believe will pose a significant threat of death or serious physical injury to the officer or others. Where practicable prior to discharge of the firearm, officers shall identify themselves as law enforcement officers and state their intent to shoot. B. Deadly Force Restrictions 1. Officers may use deadly force to destroy an animal that represents a threat to public safety, or as a humanitarian measure where the animal is seriously injured, when the officer reasonably believes that deadly force can be used without harm to the officer or others. 2. Generally, warning shots should not be fired. 3. Firearms shall not be discharged at a moving vehicle unless a person in the vehicle is immediately threatening the officer or another person with deadly force by means other than the vehicle. The moving vehicle itself shall not presumptively constitute a threat that justifies an officer’s use of deadly force. An officer threatened by an oncoming vehicle shall move out of its path instead of discharging a firearm at it or any of its occupants. II. POLICY It is the policy of this law enforcement agency that officers use only the force that reasonably appears necessary to effectively bring an incident under control, while protecting the lives of the officer and others. It must be stressed that the use of force is not left to the unfettered discretion of the involved officer. This is not a subjective determination. The use of force must be objectively reasonable. The officer must only use that force which a reasonably prudent officer would use under the same or similar circumstances. III. DEFINITIONS Deadly Force: Any use of force that creates a substantial risk of causing death or serious bodily harm. Nondeadly Force: Any use of force other than that which is considered deadly force. This includes any physical effort used to control or restrain another, or to overcome the resistance of another. Objectively Reasonable: This term means that, in determining the necessity for force and the appropriate level of force, officers shall evaluate each situation in light of the known circumstances, including, but not limited to, the seriousness of the crime, the level of threat or resistance presented by the subject, and the danger to the community. 1 C. Use of Nondeadly Force 1. Where deadly force is not authorized, officers may use only that level of force that is objectively reasonable to bring an incident under control. 2. Officers are authorized to use department-approved, nondeadly force techniques and issued equipment when one or more of the following apply: a. To protect the officer or others from physical harm. b. To restrain or subdue a resistant individual c. To bring an unlawful situation safely and effectively under control. D. Training In addition to training required for firearms qualification, officers shall receive agencyauthorized training designed to simulate actual shooting situations and conditions and, as otherwise necessary, to enhance officers’ discretion and judgment in using deadly and nondeadly force in accordance with this policy. Every effort has been made by the IACP National Law Enforcement Policy Center staff and advisory board to ensure that this document incorporates the most current information and contemporary professional judgment on this issue. However, law enforcement administrators should be cautioned that no “model” policy can meet all the needs of any given law enforcement agency. Each law enforcement agency operates in a unique environment of federal court rulings, state laws, local ordinances, regulations, judicial and administrative decisions and collective bargaining agreements that must be considered. In addition, the formulation of specific agency policies must take into account local political and community perspectives and customs, prerogatives and demands; often divergent law enforcement strategies and philosophies; and the impact of varied agency resource capabilities among other factors. This project was supported by a grant awarded by the Bureau of Justice Assistance. The Bureau of Justice Assistance is a component of the Office of Justice Programs, which also includes the Bureau of Justice Statistics, the National Institute of Justice, the Office of Juvenile Justice and Delinquency Prevention, the Office for Victims of Crime, and the Office of Sex Offender Sentencing, Monitoring, Apprehending, Registering, and Tracking. Points of view or opinions in this document are those of the author and do not necessarily represent the official position or policies of the U.S. Department of Justice or the IACP. IACP National Law Enforcement Policy Center Staff: Philip Lynn, Manager; Sara Dziejma, Project Specialist; and Vincent Talucci, Executive Director, International Association of Chiefs of Police. © Copyright 2006. Departments are encouraged to use this policy to establish one customized to their agency and jurisdiction. However, copyright is held by the International Association of Chiefs of Police, Alexandria, Virginia U.S.A. All rights reserved under both international and Pan-American copyright conventions. Further dissemination of this material is prohibited without prior written consent of the copyright holder. 2