GENERAL ORDER I. Number: 500 Page: 1 of 5 Subject: Use of Force Date: 15 October 2017 Distribution: All Commissioned Members PURPOSE: To establish policy and procedures for the Commissioned Members of the Tennessee Department of Safety and Homeland Security (DOSHS) regarding the use of force. II. POLICY: It is the policy of the DOSHS to value and preserve human life. Members shall use only the force that is objectively reasonable to effectively bring an incident under control, while protecting the safety of the Member and others. Members shall use force only when no reasonably effective alternative appears to exist and shall use only the level of force which a reasonably prudent officer would use under the same or similar circumstances. The decision to use force “requires careful attention to the facts and circumstances of each particular case, including the severity of the crime at issue, whether the suspect poses an immediate threat to the safety of the officers or others, and whether he is actively resisting arrest or attempting to evade arrest by flight.” In addition, “the ‘reasonableness’ of a particular use of force must be judged from the perspective of a reasonable officer on the scene, rather than with the 20/20 vision of hindsight…the question is whether the officers’ actions are ‘objectively reasonable’ in light of the facts and circumstances confronting them.”1 This policy is to be reviewed annually and any questions or concerns should be addressed to the immediate supervisor for clarification. III. DEFINITIONS: A. Deadly Force: Force which is likely to cause or result in the death or serious bodily injury of any individual as determined by a reasonable and prudent person. B. De-escalation: 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. De-escalation may include the use of such techniques as command presence, advisements, warnings, verbal persuasion, and tactical repositioning. *This Order Supersedes General Order(s): 500, 24 October 2008. C.A.L.E.A. Standard(s): 4.1.2, 4.1.3 ________________________ 1 Graham v. Connor, 490 U.S. 386 (1989). No. 500 15 October 2017 Page 2 of 5 IV. C. Exigent Circumstances: Those 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 improperly frustrating legitimate law enforcement efforts.2 D. Less-Lethal Force: Any use of force other than that which is considered deadly force that involves physical effort to control, restrain, or overcome the resistance of another. E. Objectively Reasonable: The determination that the necessity for using force and the level of force used is based upon the Member’s evaluation of the situation in light of the totality of the circumstances known to the Member at the time the force is used and upon what a reasonably prudent officer would use under the same or similar situations. F. Probable Cause: Facts and circumstances within the arresting officers knowledge and of which he/she has reasonably trustworthy information sufficient to warrant a person of reasonable caution to believe that a crime is being committed, has been committed, or will be committed. G. Serious Bodily Injury: Bodily injury, which involves: 1. A substantial risk of death; 2. Protracted unconsciousness; 3. Extreme physical pain; 4. Protracted or obvious disfigurement; or 5. Protracted loss or substantial impairment of a function of a bodily member, organ or mental faculty. PROCEDURES: A. General Provisions: 1. Use of physical force should be discontinued when resistance ceases or when the incident is under control. 2. 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 Member, or another person. In these situations, only the minimal amount of force necessary to control the situation shall be used. ________________________ 2 Based on the definition from United States v. McConney, 728 F.2d 1195, 1199 (9th Cir.), cert. denied, 469 U.S. 824 (1984). No. 500 15 October 2017 Page 3 of 5 B. C. 3. Once the scene is safe and as soon as practical, Members shall provide appropriate medical care consistent with his or her training to any individual who has visible injuries, complains of being injured, or requests medical attention. This may include providing first aid, requesting emergency medical services, and/or arranging for transportation to an emergency medical facility. 4. A Member has a duty to intervene to prevent or stop the use of excessive force by another officer when it is safe and reasonable to do so. 5. All uses of force shall be documented and investigated pursuant to this agency’s policies. De-escalation: 1. Members shall use de-escalation techniques and other alternatives to higher levels of force consistent with his or her training whenever possible and appropriate before resorting to force and to reduce the need for force. 2. Whenever possible and when such delay will not compromise the safety of the Member or another and will not result in the destruction of evidence, escape of a suspect, or commission of a crime, Members should allow an individual time and opportunity to submit to verbal commands before force is used. Use of Less-Lethal Force: When de-escalation techniques are not effective or appropriate, Members may consider the use of less-lethal force to control a non-compliant or actively resistant individual. Members are authorized to use agency-approved, less-lethal force techniques and issued equipment: D. 1. To protect the Member or others from immediate physical harm; 2. To restrain or subdue an individual who is actively resisting or evading arrest; or 3. To bring an unlawful situation safely and effectively under control. Use of Deadly Force: The Use of Deadly Force is established by the facts known or perceived by the Member at the time of the incident. Members’ decisions should be based on probable cause, discretion, and good judgment. 1. Members are authorized to use deadly force when it is objectively reasonable under the totality of the circumstances. Use of deadly force is justified as follows: No. 500 15 October 2017 Page 4 of 5 2. a. To effect an arrest only if all other reasonable means of apprehension have been exhausted or are unavailable, and where feasible, the Member has given notice of his/her identity as such and given a warning that deadly force may be used unless resistance or flight ceases; and3 b. The Member has probable cause to believe the individual to be arrested has committed a felony involving the infliction or threatened infliction of serious bodily injury; or c. The Member has probable cause to believe that the individual to be arrested poses a threat of serious bodily injury, either to the Member or to the others unless immediately apprehended. Deadly Force Restrictions: a. Deadly force should not be used against persons whose actions are a threat only to themselves or property. b. Under no circumstances shall warning shots be fired in an attempt to induce the surrender of a suspect or at any other time. c. If a suspect flees or forcibly resists, Members may use only the necessary force required to effect the arrest. d. Deadly Force shall not be used to effect an arrest or prevent the escape of a misdemeanant or felon not involved in a crime that threatened or inflicted serious bodily injury. e. Members shall only discharge a firearm at or from a moving vehicle to protect themselves or other persons from death or serious bodily injury. Whenever feasible, supervisor authorization should be obtained. E. Members are authorized to carry firearms while off duty, if they choose. (See General Order (GO) 710, “Firearms, Ammunition and Weapons Issuance, Usage, and Care”) Should any off duty, armed Member be required to exercise the use of deadly force, all provisions of this Order shall also apply. F. All Deadly Force Incidents shall be thoroughly investigated and reported. Guidelines for such incidents are contained in GO 500-1, “Use of Force Investigation Procedures.” ________________________ 3 Tennessee v. Garner, 471 U.S. 1 (1985). No. 500 15 October 2017 Page 5 of 5 V. TRAINING: A. All Members shall receive training, at least annually, on this agency’s use of force policy and related legal updates. B. In addition, training shall be provided on a regular and periodic basis and designed to: C. 1. Provide techniques for the use of and reinforce the importance of deescalation; 2. Simulate actual shooting situations and conditions; and 3. Enhance Members’ discretion and judgment in using less-lethal and deadly force in accordance with this Order. All use of force training shall be maintained in the DOSHS’s training records and/or in Power DMS.