ATHENS-CLARKE COUNTY POLICE DEPARTMENT. Policy and Procedure General Order: 3.01 Order Title: Use of Force (General)
|
|
- Frank Wells
- 5 years ago
- Views:
Transcription
1 ATHENS-CLARKE COUNTY POLICE DEPARTMENT Policy and Procedure General Order: 3.01 Order Title: Use of Force (General) Original Issue Date 10/16/17 Reissue / Effective Date 01/21/18 Compliance Standards: CALEA Law Enforcement 1.3.1, 1.3.2, 1.3.3, 1.3.4, 1.3.5, 1.3.6, 1.3.9, , , ; State Certification 1.10, 1.11, 1.12, 1.14, 1.15, 1.19, 1.20, Rescinds: A1/02/04, A3/01/01 (Bullets A, H, I), A3/02/02 (Bullet B), A3/02/01, A3/02/03 (Bullets A, B, D, F), A3/03/06, A3/03/07 (Bullet A), A3/03/08, A3/03/12 (Bullets B-F), B1/05/03 (Bullet A), B1/08/03 (Bullet A), C4/07/09 (Bullet J, Number 2) Authorization R. Scott Freeman, Ph.D., Chief of Police This General Order is for Departmental use only and does not apply in any criminal or civil proceeding. This General Order should not be construed as creation of a higher legal standard of safety or care in an evidentiary sense with respect to third party claims. Violations of this General Order will only form the basis for Departmental administrative sanctions. Violations of law will form the basis for civil and criminal sanctions in a recognized judicial setting. I. PURPOSE The purpose of this general order is to establish the Athens-Clarke County Police Department s guidelines and limitations concerning the appropriate and acceptable use of deadly and nondeadly force. II. POLICY It is the policy of the Athens-Clarke County Police Department (hereafter referred to as ACCPD or Department ) to value and preserve human life. Officers will use only the force that is objectively reasonable to accomplish lawful objectives and effectively bring an incident under control while protecting the safety of the officer and others. Officers will use force only when no reasonably effective alternative appears to exist, and only the level of force that 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 officer or others, and whether he / she 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 General Order 3.01 / Page 1
2 This policy will be reviewed annually. Any questions or concerns should be addressed to the immediate supervisor for clarification. III. DEFINITIONS Actively resisting: When a subject makes physically evasive movements to interfere with an officer s attempt to control that subject, including bracing, tensing, pulling away, actual or attempted flight, or pushing. Choke hold: A physical maneuver that restricts an individual s ability to breathe for the purposes of incapacitation. This does not include vascular neck restraints. Deadly force: Any physical force that can reasonably be expected to cause death or serious bodily injury. Officers must understand that deadly physical force is an extreme measure and should only be used in accordance with the law and as stated within this policy. De-escalation: Taking action or communicating verbally or non-verbally during a potential force encounter in an attempt to stabilize the situation; the effort to 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. 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 Force: Any physical strike or instrumental contact with a person, any intentional attempted physical strike or instrumental contact that does not take effect, or any significant physical contact that restricts the movement of a person. The term includes the discharge of a firearm, use of chemical spray, chokeholds or hard hands, taking of a subject to the ground, or the deployment of a canine. The term does not include escorting or handcuffing a person with minimal or no resistance. Use of force is lawful if it is objectively reasonable under the circumstances to effect an arrest, or protect the officer or other person. Great bodily harm / serious bodily injury: Bodily injury that creates a substantial risk of death, causes serious or permanent disfigurement, or results in long-term loss or impairment of the functioning of any body part or organ. Hard hand control: Impact-oriented techniques that include knee strikes, elbow strikes, punches, kicks, and impact weapons. Imminent threat: An officer s reasonable perception of impending danger, death, or serious injury from any action or outcome that may occur during an encounter. Impact weapons: Department-authorized tools that provide a method for gaining control of a subject when lethal force is not justified but when empty-hand control techniques are not sufficient to effect control. General Order 3.01 / Page 2
3 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. Level of control: The amount of force that an officer uses to gain control over a subject. Level of resistance: The amount of force used by a subject to resist compliance with the lawful order or action of an officer. 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 reasonably prudent officer would use under the same or similar situations. Non-verbal and verbal non-compliance: When a subject expresses his / her intentions not to comply with an officer s directive through verbal and non-verbal means. Passive resistance: When a subject does not cooperate with an officer s commands but does not take action to prevent being taken into custody. For example, an arrested protestor who lies down in front of a doorway and must be carried away. Reasonable belief: Facts or circumstances that would cause a reasonable, similarly trained police officer to act or think in a similar manner under similar circumstances. Soft hand control: The use of physical strength and skill in defensive tactics to control arrestees who are reluctant to be taken into custody and offer some degree of physical resistance. Such techniques are not impact oriented and include pain compliance pressure points, takedowns, joint locks, and simply grabbing a subject. Touching or escort holds may be appropriate for use against levels of passive physical resistance. Verbal commands: The use of advice, persuasion, warnings, and / or clear directions prior to resorting to actual physical force. In an arrest situation, officers will, when feasible, give the arrestee simple verbal directions with which the arrestee is encouraged to comply. IV. 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 will not be used against individuals in restraints, except as objectively reasonable to prevent their escape or prevent imminent bodily injury to the individual, the officer, or another person. In these situations, only the minimal amount of force necessary to control the situation will be used. 3. Once the scene is safe and as soon as practical, an officer will 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. General Order 3.01 / Page 3
4 4. An officer 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 use of force incidents will be documented and investigated pursuant to General Order 3.08: Reporting and Investigating Force. B. De-escalation 1. An officer will use de-escalation techniques and other alternatives 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 officer or another and will not result in the destruction of evidence, escape of a suspect, or commission of a crime, an officer will allow an individual time and opportunity to submit to verbal commands before force is used. C. Use of Less Lethal Force When de-escalation techniques are not effective or appropriate, an officer may consider the use of less lethal force to control a non-compliant or actively resistant individual. An officer is authorized to use Department-approved less lethal force techniques and issued equipment: 1. To protect the officer or others from immediate physical harm, 2. To restrain or subdue an individual who is actively resisting or evading arrest, and / or 3. To bring an unlawful situation safely and effectively under control. D. Use of Deadly Force 1. An officer is authorized to use deadly force when it is objectively reasonable under the totality of the circumstances. Use of deadly force is justified when one or both of the following apply: a. To protect the officer or others from what is reasonably believed to be an immediate threat of death or serious bodily injury; and / or b. To prevent the escape of a fleeing subject when the officer has probable cause to believe that the person has committed, or intends to commit, a felony involving serious bodily injury or death, and the officer reasonably believes that there is an imminent risk of serious bodily injury or death to the officer, or another, if the subject is not immediately apprehended. 2. Where feasible, the officer will identify him or herself as a law enforcement officer and warn of his or her intent to use deadly force. 3 General Order 3.01 / Page 4
5 3. Deadly Force Restrictions a. Deadly force should not be used against persons whose actions are a threat only to themselves or property. b. Firearms will not be discharged at a moving vehicle unless (1) A person in the vehicle is threatening the officer, or another person, with deadly force by means other than the vehicle; or (2) The vehicle is operated in a manner deliberately intended to strike an officer or another person, and all other reasonable means of defense have been exhausted (or are not present or practical), which includes moving out of the path of the vehicle. c. Firearms will not be discharged from a moving vehicle except in exigent circumstances. In these situations, an officer must have an articulable reason for this use of deadly force. d. Officers are prohibited from discharging their firearms as a means of warning or frightening a person. e. Choke holds are prohibited unless deadly force is authorized. 4 f. Officers may use their firearms to dispatch an animal that represents a threat to the officer or to public safety. Officers may also dispatch an animal when it is so seriously injured that humaneness demands its immediate removal from further suffering. Officers should first seek the authorization of their supervisor and, whenever practical, authorization from the animal s owner before dispatching it. E. Authorized Weapons / Ammunition 1. The Chief of Police is responsible for authorizing any Department issued and / or approved weapon or ammunition for use by officers in the course of their law enforcement responsibilities, both on and off duty. Authorizations will be made by memorandum (Authorized Department Firearms, Authorized Department Ammunition, and Authorized Department Rifles), distributed to all personnel, and filed with the Career Development and Training Unit (CDTU). 2. CDTU personnel will be responsible for maintaining a comprehensive list of all weapons and ammunition authorized for use by the Chief of Police. 3. When not in use, Department authorized weapons and ammunition should be stored in accordance with the manufacturer s recommendations and / or best practices unless otherwise directed by Department policy. General Order 3.01 / Page 5
6 F. Training 1. All officers will receive training, at least annually, on the Department s use of force policies (General Orders ) and related legal updates. 2. Additional use of force training will be provided on a regular and periodic basis and will be designed to: a. Provide techniques for the use of and reinforce the importance of de-escalation; b. Simulate actual shooting situations and conditions; and c. Enhance officers discretion and judgment in using less lethal and deadly force in accordance with this policy. 3. All use of force training will be documented. G. Prohibited Use An officer will not unnecessarily display, or at any time use, any weapon as a means or method of intimidation. V. REFERENCES 1. Graham v. Connor, 490 U.S. 386 (1989). 2. Based on the definition from United States v. McConney, 728 F.2d 1195, 1199 (9th Cir.), cert. denied, 469 U.S. 824 (1984). 3. Tennessee v. Garner, 471 U.S. 1 (1985). General Order 3.01 / Page 6
Use of Force Policy Manual 1 Aug 07 DGO K-3, Use of Force DGO K-3 USE OF FORCE. Table of Contents
DGO K-3 USE OF FORCE Table of Contents I. DEFINITIONS AND TERMINOLOGY...1.1 A. Employee...1.1 B. Firearm Discharge...1.1 C. Hand Held Impact Weapons...1.2 D. Imminent Threat...1.2 E. Involved Personnel...1.3
More informationTOPEKA POLICE DEPARTMENT POLICY AND PROCEDURE MANUAL 4.2 USE OF FORCE
SUBJECT: Use of Force 4.2 EFFECTIVE: 9/6/2016 REVISED: 8/30/2016 TOTAL PAGES: 10 James L. Brown James L. Brown, Chief of Police CALEA: 1.2.1; 1.3.1; 1.3.2; 1.3.3; 1.3.4; 1.3.5; 1.3.6; 1.3.10 4.2.1 PURPOSE
More informationCLEVELAND DIVISION OF POLICE GENERAL POLICE ORDER
CLEVELAND DIVISION OF POLICE GENERAL POLICE ORDER EFFECTIVE DATE: January 1, 2018 CHAPTER: 2 Legal PAGE: 1 of 7 CHIEF: Calvin D. Williams, Chief PURPOSE: POLICY: To establish guidelines for officers of
More informationDEPARTMENT POLICIES AND PROCEDURES
MADISON POLICE DEPARTMENT 1-4 SECTION: TITLE: ADMINISTRATION Response to Resistance REVISED: April 2, 201 Date Issued: January 12, 201 CALEA Standards: 1.3.1, 1.3.2, 1.3.3, 1.3.4, 1.3.5, 1.3., 1.3.7, 1.3.8,
More informationUSE OF FORCE / USE OF FORCE IN RESPONSE TO THREAT/NON-COMPLIANCE
Policy 300 Bellingham Police Department USE OF FORCE / USE OF FORCE IN RESPONSE TO THREAT/NON-COMPLIANCE 300.1 PURPOSE AND SCOPE This policy provides guidelines on the reasonable use of force and the reasonable
More informationPasadena Police Department Policy Manual
Policy 300 Pasadena Police Department 300.1 PURPOSE AND SCOPE This policy provides guidelines on the reasonable use of force. While there is no way to specify the exact amount or type of reasonable force
More informationLexipol Illinois Policy Manual
Policy 300 Lexipol Illinois 300.1 PURPOSE AND SCOPE This policy provides guidelines on the reasonable use of force. While there is no way to specify the exact amount or type of reasonable force to be applied
More informationUSE OF FORCE I. POLICY STATEMENT... 1 II. FORCE CONSIDERATIONS... 2
DEPARTMENTAL GENERAL ORDER K-3 Index as: Use of Force Policy Effective Date Evaluation Coordinator: BFO Commander Evaluation Due Date: 16 Jun 14 Automatic Revision Cycle: 3 Years USE OF FORCE TABLE OF
More informationAnaheim Police Department Anaheim PD Policy Manual
Policy 300 Anaheim Police Department 300.1 PURPOSE AND SCOPE This policy provides guidelines on the reasonable use of force. While there is no way to specify the exact amount or type of reasonable force
More informationSanta Monica Police Department Policy Manual
USE OF FORCE PURPOSE AND SCOPE This policy recognizes that the use of force by law enforcement requires constant evaluation. Even at its lowest level, the use of force is a serious responsibility. The
More informationPolicy Tualatin Police Department. Policy Manual
Policy Tualatin Police Department 300.1 PURPOSE AND SCOPE This policy recognizes that the use of force by law enforcement requires constant evaluation. Even at its lowest level, the use of force is a serious
More informationMONROE COUNTY SHERIFF S OFFICE
MONROE COUNTY SHERIFF S OFFICE General Order CHAPTER: 31-A TITLE: Use of Force EFFECTIVE DATE: August 19, 2009 NO. PAGES: 9 REVIEWED/REVISED: January 25, 2011 REFERENCE: CALEA 1.3 RESCINDS: General Orders,
More informationElk Grove Police Department Policy Manual
Policy 300 Elk Grove Police Department 300.1 PURPOSE AND SCOPE This policy provides guidelines on the reasonable use of force. While there is no way to specify the exact amount or type of reasonable force
More informationUC Davis Police Department USE OF FORCE PAGE 1 OF 5
PAGE 1 OF 5 PURPOSE: This policy recognizes that the use of force by law enforcement requires constant evaluation. Even at its lowest level the use of force is a serious responsibility. The purpose of
More informationa. To effect an arrest or bring a subject under control;
4500 USE OF FORCE GENERAL POLICY A. Policy There are varying degrees of force that may be justified depending on the dynamics of a situation. In each individual event, lawful and proper force shall be
More informationBAKERSFIELD POLICE MEMORANDUM
BAKERSFIELD POLICE MEMORANDUM To: From: All Personnel Dennis West, Lieutenant Planning, Research and Training Date: June 2, 2014 Subject: Use of Force Policy Update Policy 300 Use of Force, has been updated.
More informationHillsdale Police Department Policy and Procedures Manual General Orders
Hillsdale Police Department Policy and Procedures Manual General Orders SUBJECT: II. OPERATIONS/TRAINING General Order 16: Use of Force DATE OF ISSUE April 1, 2014 ANNUAL REVIEW DATE April 1, 2015 EFFECTIVE
More informationSanta Cruz Police Department Santa Cruz Police Department Policy Manual
Policy 300 Santa Cruz Police Department 300.1 PURPOSE AND SCOPE This policy recognizes that the use of force by law enforcement requires constant evaluation. Even at its lowest level, the use of force
More informationVolume_ 1 Page 1 of USE OF FORCE POLICY ON THE USE OF FORCE.
Volume_ 1 Page 1 of 5 556. USE OF FORCE. 556.10 POLICY ON THE USE OF FORCE. PREAMBLE TO USE OF FORCE. The use of force by members of law enforcement is a matter of critical concern both to the public and
More informationATHENS-CLARKE COUNTY POLICE DEPARTMENT. Policy and Procedure General Order: 1.06 Order Title: Strip and Body Cavity Searches
ATHENS-CLARKE COUNTY POLICE DEPARTMENT Policy and Procedure General Order: 1.06 Order Title: Strip and Body Cavity Searches Original Issue Date 10/02/17 Reissue / Effective Date 10/09/17 Compliance Standards:
More informationNOT PROTECTIVELY MARKED
Use of Force Contents Policy Statement... 2... 2 Conflict Resolution... 3 Reasonable Officer Response Options... 4 Reporting Use... 4 Additional Information... 5 Use of Force Page 1 of 5 Policy Statement
More informationSheriff Greg Champagne, President, National Sheriffs Association Sheriff Sandra Hutchens, President, Major County Sheriffs of America
To: From: All Sheriffs Sheriff Greg Champagne, President, National Sheriffs Association Sheriff Sandra Hutchens, President, Major County Sheriffs of America Date: June 22, 2017 Subject: Guide for Sheriffs
More informationMarquette University Police Department
Marquette University Police Department Policy and Procedure Manual Policy: 4.2 Issued: May 1, 2015 Date Revised: N/A WILEAG Standards: 1.6.1, 1.7.4, 1.7.5, 1.7.6 IACLEA Standards: 2.2.2, 2.2.3 4.2.00 Purpose
More informationMay 30, ACLU SoCal and CICOPP Recommendations for Revisions to Pasadena Police Department s Use of Force Policy
VIA EMAIL AND U.S. MAIL May 30, 2018 Tyron Hampton 100 N. Garfield Avenue, S228 P.O. Box 7115 Pasadena, CA 91109-7215 John J. Kennedy 100 N. Garfield Avenue, S228 P.O. Box 7115 Pasadena, CA 91109-7215
More informationBY FACSIMILE AND FIRST CLASS MAIL
U.S. Department of Justice Civil Rights Division Special Litigation Section - PHB 950 Pennsylvania Avenue, NW Washington, DC 20530 June 9, 2009 BY FACSIMILE AND FIRST CLASS MAIL Raymond P. Fitzpatrick,
More informationPOLICE AND THE LAW USE OF FORCE
POLICE AND THE LAW USE OF FORCE OBJECTIVE BASIS Allows for informal decision making BUT Formal requirements of the U.S. Constitution Controls formal criminal justice process Fourth, Fifth, Sixth, Eighth
More informationIntroduction to the Constitution and Law Enforcement Exam
Name Date Introduction to the Constitution and Law Enforcement Exam 1. Which level of proof is based on no factual information? A. Mere hunch B. Probable cause C. Reasonable suspicion D. Beyond a reasonable
More informationResearch Perspectives on the Use and Control of Police Force
Research Perspectives on the Use and Control of Police Force Prepared for the Anchorage Community Police Relations Task Force by Troy C. Payne, Ph.D. Director, Crime Mapping Center Assistant Professor
More informationUNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE I. INTRODUCTION
Case :0-cv-0-JLR Document Filed //0 Page of MICHAEL MCDONALD, v. KEITH PON, et al., UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE Plaintiff, Defendants. I. INTRODUCTION & MOTION
More informationTOPEKA POLICE DEPARTMENT POLICY AND PROCEDURE MANUAL 4.7 DOMESTIC MATTERS
SUBJECT: Domestic Matters 4.7 EFFECTIVE: 01/17/2018 REVISED: 01/17/2018 TOTAL PAGES: 13 William Cochran William Cochran, Chief of Police CALEA: 74.1.1 4.7.1 PURPOSE This policy creates guidelines and procedures
More informationComments by the University of Chicago Law School International Human Rights Clinic and Amnesty International USA on the proposed Federal Bureau of
Comments by the University of Chicago Law School International Human Rights Clinic and Amnesty International USA on the proposed Federal Bureau of Investigation, Department of Justice pilot project for
More informationPolice Use of Force during Arrest
Police Use of Force during Arrest I N T R O D U C T I O N 1. On 12 May 2013 Police used force to arrest a man (Mr X) who was threatening to set himself on fire at a rural address in the North Island. As
More informationAnswers: Know What Your Officers Know Questions!
Law Enforcement Action Forum (LEAF) Answers: Know What Your Officers Know Questions! 1. What determines an emergency and who authorizes a police officer to respond in an emergency fashion as outlined by
More informationNorth Orange County Community College District ADMINISTRATIVE PROCEDURES Chapter 7 Human Resources AP 7600 Campus Safety Officer
Reference: Education Code Sections 72330.5, et seq.; Government Code Sections 3300, et seq. 1.0 Campus Safety Departments 1.1 The objectives of the District=s campus safety departments are to promote a
More informationMental Illness Commitments
Policy 418 Mental Illness Commitments 418.1 PURPOSE AND SCOPE This policy provides guidelines for when officers may take a person into custody for psychiatric evaluation and treatment (5150 commitment)
More informationAnaheim Police Department Anaheim PD Policy Manual
Policy 319 Anaheim Police Department 319.1 PURPOSE AND SCOPE The purpose of this policy is to provide the guidelines necessary to deter, prevent and reduce domestic violence through vigorous enforcement
More informationPolice Detective (2223) Task List. 1. Reviews investigative reports received from supervising detective in order to determine assigned duties.
Police Detective (2223) Task List A. INVESTIGATION 1. Reviews investigative reports received from supervising detective in order to determine assigned duties. 2. Listens to supervising detective directions,
More informationCalendar Reference: See Summary below for explanation of exception to calendar requirement.
LAW AND PUBLIC SAFETY JUVENILE JUSTICE COMMISSION Juvenile Parole and Transitional Services Proposed Readoption with Amendments. N.J.A.C. 13:96 Proposed Repeals: N.J.A.C.13:96-2 and 3 Proposed New Rules:
More informationMODEL INSTRUCTION ASSAULT ON A LAW ENFORCEMENT OFFICER ARREST SITUATIONS.
Page 1 of 9 208.81 MODEL INSTRUCTION ASSAULT ON A LAW ENFORCEMENT OFFICER ARREST SITUATIONS. NOTE WELL: This instruction is to be used as a model instruction for this offense. It incorporates all of the
More informationMEDIA STATEMENT CRIMINAL JUSTICE BRANCH
MEDIA STATEMENT CRIMINAL JUSTICE BRANCH April 28, 2016 16-09 No Charges Approved for Force Used in Arrest by Vancouver Police Victoria - The Criminal Justice Branch (CJB), Ministry of Justice, announced
More informationSouth Dakota Use of Force Laws: SDCL SDCL SDCL
Dear Students, Please take the time to study the following information some of which will be on the written test. Pay special attention to the states use of force laws listed below, along with the listed
More informationPolicy 5.11 ARREST PROCEDURES
Cobb County Police Department Policy 5.11 ARREST PROCEDURES Effective Date: November 1, 2017 Issued By: Chief M.J. Register Rescinds: Policy 5.11 (February 1, 2015) Page 1 of 9 The words he, his, him,
More informationTEXARKANA, TEXAS POLICE DEPARTMENT GENERAL ORDERS MANUAL. Amended Date November 1, 2015
Effective Date February 1, 2008 Reference Amended Date November 1, 2015 Distribution All Personnel City Manager City Attorney TPCA Best Practices Recognition Program Reference Review Date January 1, 2017
More informationMEDICAL UNIVERSITY OF SOUTH CAROLINA DEPARTMENT OF PUBLIC SAFETY. EFFECTIVE DATE: 7 January 1999 PAGE 1 OF 9
MEDICAL UNIVERSITY OF SOUTH CAROLINA DEPARTMENT OF PUBLIC SAFETY POLICY AND PROCEDURE # 91 SUBJECT: Domestic Violence EFFECTIVE DATE: 7 January 1999 PAGE 1 OF 9 REVIEW DATE: 30 November 2017 APPROVED:
More information208.81F ASSAULT ON AN OFFICER AND SIMPLE ASSAULT ARREST SITUATIONS (ALL ISSUES IN DISPUTE).
Page 1 of 14 208.81F ASSAULT ON AN OFFICER AND SIMPLE ASSAULT ARREST SITUATIONS (ALL ISSUES IN DISPUTE). NOTE WELL: See N.C.P.I. 208.80 for an index to other factual situations involving assaults on arresting
More informationDOMESTIC VIOLENCE. DRAFT 20 March By Order of the Police Commissioner
Policy 711 Subject Date Published DOMESTIC VIOLENCE Page DRAFT 20 March 2018 1 of 13 By Order of the Police Commissioner POLICY As reflected in Maryland law, violent crime particularly impacts those with
More informationTOPIC: HONOLULU POLICE DEPARTMENT. Chief Louis Kealoha, Chief of P,olice Deputy Chief Dave Kajihiro Deputy Chief Marie McCauley
TOPIC: HONOLULU POLICE DEPARTMENT Chief Louis Kealoha, Chief of P,olice Deputy Chief Dave Kajihiro Deputy Chief Marie McCauley HONOLULU POLICE DEPARTMENT POLICY LAW ENFORCEMENT OPERATIONS j June 30, 2014
More informationCase 1:14-cv RB-SMV Document 1 Filed 11/12/14 Page 1 of 8 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW MEXICO
Case 1:14-cv-01025-RB-SMV Document 1 Filed 11/12/14 Page 1 of 8 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW MEXICO UNITED STATES OF AMERICA, Plaintiff, v. CIVIL NO: 1:14-cv-1025 THE CITY
More informationHONOLULU POLICE DEPARTMENT
HONOLULU POLICE DEPARTMENT POLICY LAW ENFORCEMENT OPERATIONS I July 1, 2016 1 ABUSE OF FAMILY OR HOUSEHOLD MEMBERS POLICY The Honolulu Police Department (HPD) is committed to enforcing all state laws,
More informationALBERTA SOLICITOR GENERAL AND PUBLIC SECURITY. Provincial Guidelines for the Use of Conducted Energy Devices
ALBERTA SOLICITOR GENERAL AND PUBLIC SECURITY Provincial Guidelines for the Use of Conducted Energy Devices Prepared by: Peter Layden Compliance Advisor Policing Services, Standards and Evaluations January
More informationUniversity of Pittsburgh Police Department. Rules & Regulations Manual. Transporting Prisoners. Title: 5-4 PLEAC
Reference Number: (Chapter / Section) 5-4 PLEAC 2.5.1-2.5.8 Issue Date: 2-5-18 University of Pittsburgh Police Department Rules & Regulations Manual Effective Date Rescinds: Amends: Immediately Upon Release
More informationTEXARKANA, TEXAS POLICE DEPARTMENT GENERAL ORDERS MANUAL. TPCA Best Practices Recognition Program Reference Searches Without a Warrant
Effective Date February 1, 2008 Reference Amended Date Distribution All Personnel City Manager City Attorney TPCA Best Practices Recognition Program Reference Review Date January 1, 2012 Pages 5 This Operations
More informationOfficer-Involved-Shootings: Preparing for the Plaintiff s Big Bang Theory
Officer-Involved-Shootings: Preparing for the Plaintiff s Big Bang Theory Bruce A. Kilday, Carrie A. Frederickson, and Amie McTavish ANGELO, KILDAY & KILDUFF, LLP 601 University Avenue, Suite 150 Sacramento,
More informationCalibre Press Street Survival Newsline February 28, Number 867. Test Your Excesive Force I.Q.
Calibre Press Street Survival Newsline February 28, 2008 - Number 867 Test Your Excesive Force I.Q. In federal civil cases seeking milions of dolars in damages, plaintifs atorneys commonly claim that defendant
More informationI March 23, 2015 Policy Number 4.491
HONOLULU POLICE DEPARTMENT POLICY LA W ENFORCEMENT OPERATIONS I March 23, 2015 Policy Number 4.491 OFFICER CRITICAL INCIDENT PROTOCOL POLICY Critical incidents involving HPD police officers are automatically
More informationSummary of Investigation SiRT File # Referral from RCMP - PEI December 4, 2017
Summary of Investigation SiRT File # 2017-036 Referral from RCMP - PEI December 4, 2017 John L. Scott Interim Director June 12, 2018 Background: On December 4, 2017, SiRT Interim Director, John Scott,
More informationCHAPTER 8: JUSTIFICATIONS INTRODUCTION
CHAPTER 8: JUSTIFICATIONS INTRODUCTION Defenses can be broken down into types. First are defenses specified in the Texas Penal Code (TPC) that apply only to certain specific offenses. For instance, the
More informationUrbana Police Department. Policy Manual
Policy 311 Urbana Police Department 311.1 PURPOSE AND SCOPE The purpose of this policy is to provide the guidelines necessary to deter, prevent and reduce domestic violence through vigorous enforcement
More informationTitle 17-A: MAINE CRIMINAL CODE
Title 17-A: MAINE CRIMINAL CODE Chapter 5: DEFENSES AND AFFIRMATIVE DEFENSES; JUSTIFICATION Table of Contents Part 1. GENERAL PRINCIPLES... Section 101. GENERAL RULES FOR DEFENSES AND AFFIRMATIVE DEFENSES;
More informationUrbana Police Department Urbana PD Policy Manual
Policy 429 Urbana Police Department Assemblies) 429.1 PURPOSE AND SCOPE This policy provides guidance for responding to public assemblies or demonstrations. 429.2 POLICY The Urbana Police Department respects
More informationWhat is Police Use of Force? A Focus on DoJ Settlement Agreements
AELE Home Page --- Publications Menu --- Seminar Information Introduction ISSN 1935-0007 Cite as: 2015 (7) AELE Mo. L. J. 101 Civil Liability Law Section July 2015 What is Police Use of Force? A Focus
More informationTHE ADDICT AND WHAT THE POLICE OFFICER SEES
THE ADDICT AND WHAT THE POLICE OFFICER SEES A Think About It Presentation Carlos Cruz DISCLAIMER The root of our failure to deal with violence lies with our refusal to face up to it. - Bruno Bettelheim
More informationSubject DOMESTIC VIOLENCE. 1 July By Order of the Police Commissioner
Policy 711 Subject DOMESTIC VIOLENCE Date Published Page 1 July 2016 1 of 12 By Order of the Police Commissioner POLICY Consistent with Maryland law, violence between current or former spouses or intimate
More informationUnited States Court of Appeals For the Eighth Circuit
United States Court of Appeals For the Eighth Circuit No. 16-3389 Kirk D. Vester lllllllllllllllllllll Plaintiff - Appellant v. Daniel Hallock, in his Official Capacity lllllllllllllllllllll Defendant
More informationPREAMBLE TERMS AND DEFINITIONS. A. Officers: For the purposes of this MOU, the term officer shall mean any sworn SFPD member.
MEMORANDUM OF UNDERSTANDING BETWEEN THE SAN FRANCISCO DISTRICT ATTORNEY S OFFICE AND THE SAN FRANCISCO POLICE DEPARTMENT REGARDING THE INVESTIGATION OF OFFICER-INVOLVED SHOOTINGS, IN-CUSTODY DEATHS, AND
More informationThe Legal Framework on the Use of Lethal Force in Effecting Arrest - a new Section 49?
The Legal Framework on the Use of Lethal Force in Effecting Arrest - a new Section 49? by David Bruce Memorandum produced by the Centre for the Study of Violence and Reconciliation, March 2002. David Bruce
More information10-Point Plan for the Chicago Community Consent Decree
10-Point Plan for the Chicago Community Consent Decree The Chicago Community Consent Decree must include the following provisions to end the Chicago Police Department s (CPD s) ongoing pattern and practice
More informationSubject FIELD INTERVIEWS, INVESTIGATIVE STOPS/DETENTIONS, WEAPONS PAT-DOWNS & SEARCHES. DRAFT 7 April By Order of the Police Commissioner
Subject STOPS/DETENTIONS, WEAPONS PAT-DOWNS & Date Published Page DRAFT 7 April 2018 1 of 18 POLICY By Order of the Police Commissioner It is the policy of the Baltimore Police Department (BPD) to conduct
More informationI. PURPOSE DEFINITIONS RESPECT FOR CONSTITUTIONAL RIGHTS. Page 1 of 8
Policy Title: Search, Apprehension and Arrest Accreditation Reference: Effective Date: February 25, 2015 Review Date: Supercedes: Policy Number: 6.05 Pages: 1.2.2, 1.2.3, 2.1.3, 2.1.7, 2.5.3, 4.3.1, 4.3.4
More informationBowie State University Police Department General Order
Bowie State University Police Department General Order Subject: Laws and Rules of Arrest Number: 2 Effective Date: July 2003 Rescinds: N/A Approved: Acting Director Roderick C. Pullen This article contains
More informationU.S. Supreme Court Rules that Officers Can Use Force To Stop a Fleeing Vehicle. What Does It Mean for Michigan Law Enforcement?
If you have not done so already, please e-mail leaf@mml.org with the following information, so you can receive the electronic version of the LEAF Newsletter: Your name Position The name of the municipal
More informationLaw on Internal Affairs of Sarajevo Canton
Law on Internal Affairs of Sarajevo Canton (excerpts) IV - Police Article 29 Law on Internal Affairs of Sarajevo Canton (excerpts) The work and tasks of public security in the Ministry are performed by
More informationAn appeal from the Circuit Court for Alachua County. Robert P. Cates, Judge.
IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA KWAMIN HASSAN THOMAS, Appellant, v. STATE OF FLORIDA, NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF
More informationPolice Shooting of Ruka Hemopo
Police Shooting of Ruka Hemopo I N T R O D U C T I O N 1. On 2 May 2013, while responding to a domestic assault in Waitangirua, Wellington, Police shot and wounded Ruka Hemopo 1. The gunshot wound to Mr
More informationTEXARKANA, TEXAS POLICE DEPARTMENT GENERAL ORDERS MANUAL. TPCA Best Practices Recognition Program Reference Family Violence
Effective Date February 1, 2008 Reference Amended Date Distribution All Personnel City Manager City Attorney TPCA Best Practices Recognition Program Reference Review Date January 1, 2017 Pages 5 This Operations
More informationOfficer Response To New Hazard Could Be Critical! Legally Possessed Electro-Muscular Disruption Weapons
October 2012 Edition Volume 19, Issue 3 Officer Response To New Hazard Could Be Critical! Legally Possessed Electro-Muscular Disruption Weapons By Gene King, LEAF Coordinator During the past few months,
More informationBALTIMORE CITY SCHOOLS Baltimore School Police Force DOMESTIC VIOLENCE
DOMESTIC VIOLENCE This Directive contains the following numbered sections: I. Directive II. Purpose III. Policy IV. Definitions V. General Responsibilities VI. Required Action VII. Reporting VIII. Protective
More informationCHAPTER 17 - ARREST POLICIES Alternatives to Arrest and Incarceration Criminal Process Immigration Violations
CHAPTER 17 - ARREST POLICIES 17.1 - Alternatives to Arrest and Incarceration 17.2 - Criminal Process 17.3 - Immigration Violations GARDEN GROVE POLICE DEPARTMENT GENERAL ORDER 17.1 Effective Date: January
More informationTASER LIABILITY. 2 / Beaver v. The City of Federal Way, No. C , 507 F.
TASER LIABILITY FEATURE ARTICLE BY ERIC DAIGLE Active v. Passive Resistance As a legal advisor to law enforcement command, I often receive many inquiries regarding the legal liability imposed by municipalities,
More informationASHEVILLE POLICE DEPARTMENT POLICY MANUAL
Chapter: 9 Criminal Investigations Original Issue: 9/1/1992 Policy: Last Revision: 6/15/2018 Previously: 3001 C.I.D. Administration CONTENTS INTRODUCTION POLICY STATEMENT DEFINITIONS RULES AND PROCEDURES
More informationINVESTIGATIVE ENCOUNTERS AT A GLANCE COMMAND LEVEL TRAINING CONFERENCE SEPTEMBER 2015 COURTESY PROFESSIONALISM RESPECT
INVESTIGATIVE ENCOUNTERS AT A GLANCE COURTESY COMMAND LEVEL TRAINING CONFERENCE SEPTEMBER 2015 PROFESSIONALISM RESPECT NOTES INVESTIGATIVE ENCOUNTERS U.S. SUPREME COURT DECISION IN TERRY v. OHIO (1968)
More informationALBERTA SOLICITOR GENERAL AND PUBLIC SECURITY. Provincial Guidelines for the Use of Conducted Energy Weapons
ALBERTA SOLICITOR GENERAL AND PUBLIC SECURITY Prepared by: Standards and Audits Unit Law Enforcement and Oversight Branch July 2009 1) Purpose... 3 2) Approved Conducted Energy Weapon... 3 3) Application...
More informationUNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF GEORGIA ATLANTA DIVISION
Case 1:09-cv-03286-TCB Document 265-1 Filed 12/08/10 Page 1 of 11 UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF GEORGIA ATLANTA DIVISION GEOFFREY CALHOUN, et al. Plaintiffs, v. RICHARD PENNINGTON,
More informationMETRO NASHVILLE GOVERNMENT (Metro Nashville Police Department), Petitioner/ Department vs. JONATHAN SMITH, Respondent/Grievant
University of Tennessee, Knoxville Trace: Tennessee Research and Creative Exchange Tennessee Department of State, Opinions from the Administrative Procedures Division Law 3-21-2012 METRO NASHVILLE GOVERNMENT
More informationDiscuss the George Zimmerman case. What defense he is expected to claim, and why may he qualify under the facts and circumstances?
CHAPTER 5 JUSTIFICATIONS AS DEFENSES CHAPTER OUTLINE I. Introduction II. Types of Defenses III. The Nature of Defenses IV. Justification as a Defense A. Necessity B. Self Defense C. Defense of Others D.
More informationThe. Department of Police Services
The University of Vermont Department of Police Services Department Directive # OPS - 800 Subject: Professional Standards Rescinds All Previous Directives Effective Date: 2003/04/14 CALEA Standards 52.1.1,
More informationCASE LAWS THAT EFFECT TRAINING & DEADLY FORCE. Monell v. Department of Social Services 1987, U.S. 658, 98 S Ct. 2018
CASE LAWS THAT EFFECT TRAINING & DEADLY FORCE 42 USC #1983, Civil Rights Monell v. Department of Social Services 1987, U.S. 658, 98 S Ct. 2018 -- Deliberate Indifference Standard / Supervisors must support
More informationDELMAR POLICE DEPARTMENT
DELMAR POLICE DEPARTMENT Policy 7.4 Searches Without a Warrant Effective Date: 05/01/15 Replaces: 2-5 Approved: Ivan Barkley Chief of Police Reference: DPAC: 1.2.3 I. POLICY In order to ensure that constitutional
More informationThis policy outlines the process and procedures to be considered and followed by members when making an arrest.
CHAPTER: 1.9 Page 1 of 7 NEW ORLEANS POLICE DEPARTMENT OPERATIONS MANUAL CHAPTER: 1.9 TITLE: ARRESTS EFFECTIVE: REVISED: PURPOSE This policy outlines the process and procedures to be considered and followed
More informationPOLICIES, PROCEDURES, AND RULES
FAYETTEVILLE POLICE DEPARTMENT FAYETTEVILLE, ARKANSAS POLICIES, PROCEDURES, AND RULES Subject: 1.2.1 Limits of Authority Effective Date: November 15, 2016 Reference: 41.2.7, 71.1.1, AR 12-9-102 Version:
More informationWhen a Use of Force is NOT a Constitutional Seizure
When a Use of Force is NOT a Constitutional Seizure By Brian S. Batterton Written for and Distributed by Public Agency Training Council, and PATC Partners and affiliates. For duplication & redistribution
More informationGENERAL ORDER PORT WASHINGTON POLICE DEPARTMENT
GENERAL ORDER PORT WASHINGTON POLICE DEPARTMENT SUBJECT: DOMESTIC VIOLENCE NUMBER: 6.3.6 ISSUED: 5/7/09 SCOPE: All Police Personnel EFFECTIVE: 5/7/09 DISTRIBUTION: General Orders Manual RESCINDS I-3-89
More informationDetentions And Photographing Detainees
Policy 440 Detentions And Photographing Detainees 440.1 PURPOSE AND SCOPE The purpose of this policy is to establish guidelines for conducting field interviews (FI) and patdown searches, and the taking
More informationORDER TYPE: NEED TO KNOW. PURPOSE The purpose of this policy is to define legal implications and procedures involved when a search is performed.
Page 1 of 5 YALE UNIVERSITY POLICE DEPARTMENT GENERAL ORDERS Serving with Integrity, Trust, Commitment and Courage Since 1894 ORDER TYPE: NEED TO KNOW 312 EFFECTIVE DATE: REVIEW DATE: 19 MAR 2012 ANNUAL
More informationHousing Authority of the City of Columbia, Missouri
Columbia Housing Authority Housing Authority of the City of Columbia, Missouri 201 Switzler Street, Columbia, MO 65203 Office: (573) 443-2556 TTY: (573) 875-5161 Fax Line: (573) 443-0051 www.columbiaha.com
More informationEXCESSIVE AND DEADLY POLICE FORCE
EXCESSIVE AND DEADLY POLICE FORCE UNCONSTITUTIONAL OR REASONABLE CAUSE By BARBARA FANIZZO Excessive or deadly force is constitutional only where the use of excessive or deadly force has been determined
More informationSTAND YOUR GROUND Provision in Chapter 776, FS Justifiable Use of Force
STAND YOUR GROUND Provision in Chapter 776, FS Justifiable Use of Force The cardinal rule which the courts follow in interpreting the statute is that it should be construed so as to ascertain and give
More informationLITIGATING OFFICER INVOLVED SHOOTINGS USE OF DEADLY FORCE
April 2004 LITIGATING OFFICER INVOLVED SHOOTINGS USE OF DEADLY FORCE PRESENTED BY: MICHAEL W. CONDON HERVAS, SOTOS, CONDON & BERSANI, P.C. 333 PIERCE ROAD, SUITE 195 ITASCA, IL 60143-3156 630-773-4774
More informationCITY OF MADISON POLICE DEPARTMENT STANDARD OPERATING PROCEDURE. Domestic Abuse
CITY OF MADISON POLICE DEPARTMENT Domestic Abuse Eff. Date 03/31/2016 Purpose This outlines procedures to be used for conducting investigations of domestic abuse pursuant to Wisconsin State Statute 968.075(1)(a).
More informationINVESTIGATIONS OF STUDENTS AT PUBLIC SCHOOLS
INVESTIGATIONS OF STUDENTS AT PUBLIC SCHOOLS INDEX CODE: 1705 EFFECTIVE DATE: 09-06-17 Contents: I. School Resource Officers II. Arrests/Questioning/Removal of Students on School Premises During School
More information