USE OF NECESSARY FORCE
CALEA 1.3.1
Effective
A.
This policy is for departmental use only and does not apply in any
criminal or civil proceeding. This policy should not be considered as
establishment of a higher legal
standard of conduct for employees in case of third
party claims. Violations of this policy will only form the basis for
departmental administrative sanctions. Violations of law will form the basis
for civil and / or criminal sanctions in a recognized judicial setting.
B.
Trotwood
C.
When the use of force is necessary, the
degree of force that is employed should be in direct relationship to the amount
of resistance employed by the person or the immediate threat the person poses
to the officer or others.
D.
The use of force by an officer of this
department will, whenever possible, be progressive in nature, as shown in the Use of Force Continuum (Appendix A). This force may be in the
form of advice, warnings, persuasion, verbal encounters, use of approved
chemical spray, physical contact, baton, or other less-lethal weapons, or the
use of deadly force.
E.
Officers must weigh the circumstances of
each individual case and employ only that amount of force, which is necessary
and reasonable to overcome the resistance and affect the arrest. No officer
will use unnecessary or excessive force towards any person.
In
dealing with people, each officer must attempt to inspire, respect, and
generate cooperation and approval of the public. Officers will be courteous and
civil in their relationships with the public.
The manner in which an officer speaks can be an
effective means of exerting verbal force in order to control a situation.
Verbal force may be in the form of warnings,
advice and persuasion. Volume and tone control may itself be progressive in
nature depending upon circumstances.
By using reasonable and necessary verbal force,
officers may not have to resort to the use of other forms of force.
Physical
force involves actual physical bodily contact with a person and forcibly
subduing that person until resistance is overcome. Physical force excludes the
use of weapons or objects, which could be used as weapons such as collapsible
baton, tasers, etc.
In
no instance will personnel use physical force in excess of that which is
reasonable and necessary to lawfully and properly neutralize an unlawful
assault or overcome resistance by a person being taken into custody.
USE OF DEADLY FORCE
CALEA 1.3.2
Effective
a. An officer may use deadly
force when the officer reasonably believes that the action is in defense of
human life, including the officer’s own life, or in defense of any person in
imminent danger of serious physical harm.
Probable
cause is defined as facts or circumstances that would warrant a prudent person
in believing that an offense had been committed.
Reasonable belief is defined as the facts or
circumstances the officer knows, or should know, which are such as to cause an
ordinary and prudent officer to act or think in a similar way under similar
circumstances.
Serious physical harm is defined as a bodily
injury that creates a substantial risk of death; causes serious permanent
disfigurement; or results in a long-term loss or impairment of the functioning
of a bodily member or organ.
Imminent Danger is defined as an appearance of
threatened and impending injury as would put a reasonable and prudent person to
his instant defense.
Deadly Force is defined as any force that carries
a substantial risk that it will proximately result in the death of any person.
B.
Restrictions on the use of deadly force.
1.
Warning – When officers are about to
invoke deadly force, when possible or practical, officers are to issue a verbal
warning to the suspect. In this warning, officers will identify themselves as
police officers and instruct the suspect to cease or stop whatever action the
suspect doing that is caused the officer to consider the use of deadly force.
It is recognized that because of impending danger to the officer, other
officers or bystanders, that an officer may not have time to issue a verbal
warning prior to the use of deadly force.
2.
Shoot to Stop – Officers will fire their
weapons to stop and incapacitate an assailant from completing a potentially
deadly act as described in this order. For maximum stopping effectiveness and
minimal danger to innocent bystanders, officers should shoot at upper center
body mass.
3.
At or from moving vehicles – Officers will
not discharge a firearm at or from a moving vehicle except when all other means
have been exhausted and it is necessary for the defense of the officer’s life
or another person’s. Or the officer has reasonable cause to believe that the
suspect poses a significant threat of death or serious physical harm to the
officer or another person.
4.
Risks to innocent bystanders – When
officers are about to discharge their firearms, they will be cognizant of their
field of fire and will not unnecessarily create a substantial risk of harm to
innocent persons.
5.
While under the influence of alcohol or
drugs, officers may not use or carry any firearm or dangerous ordnance, as
defined in Ohio Revised Code 2923.11.
6.
Permitted use to destroy animals.
b.
The killing of an animal is justified for
(1) self defense, (2) to prevent substantial physical harm to the officer or
others, (3) when the animal is so sick or badly injured that humanity requires
its relief from further suffering.
c.
A serious wounded, sick, or injured animal
may be destroyed only upon the direction of a shift supervisor.
CALEA 1.3.3
Effective
Warning
shots are prohibited.
CALEA 1.3.4
Effective
A.
Less lethal force involves the use of less-lethal weapons
against a person. Officers are authorized to use department approved
less-lethal force techniques and equipment for resolution of incidents as
follows:
1.
To protect themselves or another from
physical harm; or
2
To restrain or subdue a resistant person;
or
3.
To bring an unlawful situation safely and
effectively under control.
B.
When an officer uses force, it must be
reflective of the amount of resistance given by the person.
C.
Action – Response Use of Force Continuum
(Appendix A).
D.
The collapsible baton, tasers, less lethal
shotguns, and approved chemical spray are the less-lethal weapons that are
available to officers of the department. It is recognized that in certain
situations,
an officer may be attacked so suddenly and / or so viciously, that the use of
approved departmental techniques and / or weapons is compromised. In these
situations, the officer may use non-traditional weapons. This includes any
object the officer may need to insure survival. Use must be consistent with
this policy to the extent possible.
CALEA 1.3.5
Effective
The
use of lethal or less than lethal force may result in injury to the subject/s
involved. This may require the rendering of appropriate medical aid, which may
include first aid, treatment / evaluation by emergency medical personnel,
and/or transport to a medical facility if appropriate. The use of any level of
force on a person/s may require the officer to summon emergency medical
personnel as soon as possible to the scene and the rendering of first aid until
such time emergency medical personnel arrive. Officers will render first aid;
summon emergency medical personnel and/or transport to a medical facility any
person complaining of injury or having injuries related to the use of lethal or
less than lethal force. Any person requesting medical treatment shall have
access to such treatment within a reasonable period of time.
Treatment guidelines for the use of CAS-OC are as
follows:
A.
Subjects sprayed with OC should be
monitored and verbally reassured that they are safe and that they will return
to normal shortly. Subjects should be told to breathe normally and to relax.
B.
Subjects who are sprayed with OC should be
removed to fresh air when possible. As soon as circumstances allow an emergency
medical crew should be called to flush the person/s face and eyes with cool
water. The person/s should be encouraged to open their eyes during the
flushing, and if they are wearing contact lenses, they should be allowed to remove
them if possible. Soap should not be used to remove OC from the face and eyes.
C.
In those instances where the subject
remains combative or is not controllable, the subject may be transported
directly to the Montgomery County Jail. Upon arrival the subject shall be taken
to the designated eye wash station and flushed with water as stated above
(assistance may be obtained for this from jail personnel, including examination
by jail medic). The Montgomery County Jail prefers the subject to receive treatment
prior to arrival if possible, but under the circumstances listed will accept
for treatment and detention.
Please document reason
for immediate transportation and treatment rendered in report.
D.
Continue to monitor the person/s during
transportation.
E. Upon arrival at the Montgomery County Jail, jail personnel will be notified that the person/s had been sprayed with OC and what treatment was rendered.
REPORTING USE OF FORCE
CALEA 1.3.6
Effective
The
normal mechanism for reporting the use of force is the Response to Resistance
form. The form is a cover sheet to be placed as the first document on the
reports submitted. Required narratives will be contained in the case reports
concerning the incident.
Notwithstanding the written reporting requirements,
the officer, as soon as practical after the incident, shall verbally notify a
supervisor.
A.
Officers will complete a Response to
Resistance report form anytime they take action that results in the use of any
type of force other than verbal force.
B.
If a police officer is physically unable
to complete the required report, it may be given orally to a designated officer
who shall reduce it to writing and file as stated above.
A.
Officers are required to report any deliberate or accidental discharge
of firearms. Firearm is defined as any deadly weapon capable of expelling or
propelling one or more projectiles by the action of an explosive or combustible
propellant.
1.
The officer will report the incident orally
to the immediate supervisor as soon as practical after the incident in which
the firearm was fired.
a.
Any discharge of a firearm
from a Trotwood
2.
A written report will be submitted by the
officer/s involved prior to the end of the shift during which the firearm was
discharged.
3.
If the officer is injured or unable to
make the report, the officer’s supervisor will submit a written report before
the end of the shift.
4.
The report will be submitted to the Public
Safety Director via the chain of command, which will include any required
offense reports.
5.
A memorandum will be completed by the officer
whenever he / she has cause to discharge a firearm to destroy a sick or injured
animal.
B.
A complete investigation will be conducted
into any accidental discharge of a firearm or anytime an officer deliberately
discharges a firearm in the line of duty, except when firing on the range. This
includes both on duty and off duty incidents. Such investigations will consist
of:
1.
On scene investigation by the officer’s
immediate supervisor.
2.
On scene investigation by the Criminal
Investigation Section when appropriate.
3.
On scene investigation by evidence
technicians when appropriate.
C.
Officer involved shooting scenes and
investigations where there is injury to another person or there is reason to
believe a crime has been committed will be under the command of Patrol and
Investigation supervisors. Dispatch and/or the patrol supervisor shall make
notification of the Administrative Commander or designee as soon as possible.
1.
The patrol supervisor will be in command
of the shooting scene until the arrival of the Administrative Commander or
designee who will then take command of the scene.
2.
Responsibility for the scene and
investigation will rest with the Administrative Commander or designee.
D.
Officer involved shooting incidents will
have two investigations, those being an internal and a criminal. Different
personnel as assigned by the Administrative Commander or designee will complete
these investigations.
1. There will be no criminal
investigation when a firearm is discharged toward an aggressive or injured animal
providing the officer’s immediate supervisor finds the discharge of the firearm
justified.
E.
The Patrol Section and Criminal
Investigation section will continue to discharge their responsibilities as it
relates to any criminal or internal investigation at hand.
1. They will secure the scene, collect
evidence, conduct interviews with witnesses, and generally fulfill their
obligations as they would in any shooting.
2. The Criminal Investigations Section
will be responsible to pursue prosecutions of suspect/s involved in the
shooting incident.
3. If department personnel are to be
charges with a crime as a result of a shooting incident, the Administrative
Commander or designee under the direction of the Public Safety Director will
pursue charges.
4. Copies of all investigative
reports, sketches, photographs, etc., from the Criminal Investigation Section
will be forwarded up the chain of command as soon as possible.
5. All officers and department
personnel involved in the investigation of an officer involved shooting will
cooperate fully and completely with the Criminal Investigation Section in the
investigation.
F.
Once the Criminal Investigation Section
completes the criminal investigation, the Public Safety Director will confer
with the Law Director and City Manager. The findings of the investigation will
be reviewed by the
Upon conclusion of the internal investigation by the
Criminal Investigation Section, the Public Safety Director will convene the
Shooting Review Board. This Review Board has the responsibility of reviewing
the facts, circumstances, and evidence of the shooting. The Shooting Review Board will consist of 1
Sergeant (not involved or supervisor of any party involved) of the Trotwood
The Administrative Commander or designee will
present the facts, circumstances, and evidence surrounding the incident to the
board. Upon review of all available facts, the
Board will make a written finding to the Public Safety Director as to whether
the shooting incident was in compliance with department policy regarding the
use of deadly force and firearms.
A.
The findings of the Shooting Review Board will be made to the Public
Safety Director in writing regarding all shooting incidents.
B.
The Public Safety Director will review the
facts of the incident and findings of the Shooting Review Board.
C.
Once reviewed, the Public Safety Director
will issue his findings in writing to the officer/s involved as well as to the
Commander of the section involved.
D.
If it is determined by the Public Safety
Director that a shooting is not within department policy and disciplinary
action is warranted, the incident will be remanded to the Section Commander for
action or assignment.
CALEA 1.3.7
Effective
All
reports required by this General Order are to be submitted to the Section
Commander via the chain of command. At each level of supervision, the
responsible supervisor shall endorse the report with their review, including
facts, circumstances, conclusions, and / or recommendations. The Commander
shall review all reports required by this General Order and determine which, if
any, incidents merit further investigation. The Commander or designee will
conduct all investigations concerning the use of force. The results of the
investigation may be submitted to the Public Safety Director. The report shall
include the relevant facts and circumstances surrounding the incident and a
conclusion as to whether the use of force is in accordance with law and
department policy.
All reports required by this General Order shall
also be reviewed to determine if policy, training, weapon, or equipment issues
need to be addressed accordingly.
CALEA 1.3.8
Effective
A. Should a police officer use force
that results in the death, or serious injury of a person, that officer shall be
temporarily relieved from enforcement duties pending review of the incident.
This leave will be without loss of pay or benefits and shall not be interpreted
to imply or indicate the officer has acted improperly. This leave will not be
considered a suspension or disciplinary action, but rather an administrative
action for the purpose of
relieving the
officer from further performance of field duties while undergoing the emotional
stress of having to use deadly force.
1. While on administrative leave, the
officer shall remain available at all times for official department interviews
and statements regarding the incident.
2.
The Public Safety Director will determine
the length of such administrative leave.
3.
If the officer’s firearm is taken as
evidence, the department will give them an appropriate replacement until such
time their firearm is returned. Aggravating circumstances such as depressed
state, suicidal, or agitated state of anger may wave this section as determined
by the Public Safety Director.
4.
A
paced return to duty should be allowed when possible and so desired by the
officer. This may include:
·
Allowing the officer to ride with another
officer for a period of time.
·
Change of beat assignment.
B. In addition to administrative
leave, any officer involved in the use of force resulting in death or serious
injury, will be required to participate in a stress-counseling program. This
program will include a confidential debriefing with a mental health
professional or designated Critical Incident Stress Management team, within 72
hours of the incident. All of those involved in the incident (officers /
dispatchers) will participate in the initial debriefing.
1.
The officer /s directly involved in the
incident will be referred to a department selected licensed mental health
professional for a confidential debriefing. Follow-up sessions will be
scheduled as determined by the mental health professional or by the need of the
officer.
2.
The department will make available
opportunities for the family of the officer / s (spouse, children, significant
others) to receive stress counseling or debriefing as it relates to the incident.
The
Public Safety Director may have the officer / s involved seen by a licensed
mental health professional for a “Fitness For Duty Evaluation.” This report
shall be directed to the Public Safety Director, and they shall provide a copy
of such report to the listed employee / officer. The “Fitness For Duty
Evaluation” shall be confidential.
AUTHORIZED WEAPONS & AMMUNITON
CALEA 1.3.9
Effective November
5, 2007
Only
firearms, weapons, and ammunition meeting departmental authorized
specifications may be used by department members in law enforcement duties both
on and off duty. All firearms, weapons, and ammunition must have the approval
of the Department Firearms Instructor and the Public Safety Director. All firearms
must be approved and inspected annually by the department firearms instructor.
This approval and inspection will be completed and documented on the Training
record at the time of qualification / certification.
Any firearm found not to be in working order would be removed from service until such time it is repaired and passes inspection by the department firearms instructor.
A.
On Duty Firearms
1. Primary Firearms:
After having been
trained and having met annual certification requirements, on-duty officers will
carry an approved semi-automatic, double action pistol.
·
Approved firearms are:
|
Beretta |
|
9mm |
40 |
45 |
Calibers |
|
Colt |
|
9mm |
40 |
45 |
Calibers |
|
Glock |
|
9mm |
40 |
45 |
Calibers |
|
Smith & Wesson |
9mm |
40 |
45 |
Calibers |
|
|
Heckler & Koch |
9mm |
40 |
45 |
Calibers |
|
|
Sig Sauer |
|
9mm |
40 |
45 |
Calibers |
|
Paraordinance |
|
9mm |
40 |
45 |
Calibers |
2. Back Up Firearms:
After having been
trained and having met annual certification requirements, on-duty officers may
carry an approved semi-automatic, double action pistol. These firearms are
carried concealed.
·
Approved firearms are:
|
Beretta |
|
9mm |
40 |
45 |
Calibers |
|
Colt |
|
9mm |
40 |
45 |
Calibers |
|
Glock |
|
9mm |
40 |
45 |
Calibers |
|
Smith & Wesson |
9mm |
40 |
45 |
Calibers |
|
|
Heckler & Koch |
9mm |
40 |
45 |
Calibers |
|
|
Sig Sauer |
|
9mm |
40 |
45 |
Calibers |
|
Paraordinance |
|
9mm |
40 |
45 |
Calibers |
|
AMT |
|
380 |
Caliber |
|
|
|