(A) Specific definitions relevant to use of force.
(1) Deadly force is the use of any
force that is likely to cause death or serious physical
injury. Deadly force does not include force that is not likely to
cause death or serious physical injury but unexpectedly results in
such death or injury.
(2) Weaponless control techniques includes officer presence,
identification, verbal commands, and physical control techniques.
(3) Intermediate weapons are lethal weapons with nonlethal munitions or weapons other than
firearms that are approved by each law enforcement unit.
8-639
(B) Use-of-force policy.
(1) The primary consideration
in the use of force is the timely and effective application of the
appropriate level of force required to establish and maintain lawful
control. A paramount consideration is the preservation of life and
prevention of bodily injury.
(2) Each law enforcement unit shall set
forth guidelines for weaponless control techniques, intermediate weapons,
and firearms or lethal weapons with nonlethal munitions, in accordance
with their law enforcement unit’s requirements.
(3) Deadly force shall not be used except—
(a) to protect the law enforcement officer or another person from
what is reasonably believed to be an imminent threat of death or serious
physical injury;
(b) to prevent the escape of a suspected dangerous fleeing subject
provided the law enforcement officer has a reasonable belief that—
(1) the subject has committed a felony involving the infliction or
threatened infliction of serious physical injury or death, and
(2) the escape of the subject
would pose an imminent danger of death or serious physical injury
to the law enforcement officer or to another person.
(4) Deadly
force shall not be used in the following circumstances:
(a) To fire toward or from a moving vehicle except when every reasonable
means of apprehension or defense has been exhausted and the law enforcement
officer believes that his/her life or the life of innocent citizens
would be in imminent danger if the suspect is not immediately halted.
The law enforcement officer should have a reasonable belief that innocent
persons will not be injured as a result of firing at or from a vehicle.
(b) In any situation
that does not involve a threat of immediate death or serious bodily
injury to the law enforcement officer or innocent persons.
(5) Deadly force may be
directed at vicious animals when necessary in self-defense or defense
of others.
(6) If force
other than deadly force reasonably appears to be sufficient to accomplish
an arrest or otherwise accomplish the law enforcement purpose, deadly
force should not be used.
(7) If feasible and if to do so would not increase the danger to
the law enforcement officer or others, a verbal warning to submit
to the authority of the law enforcement officer shall be given prior
to the use of deadly force.
(8) Discharge of a weapon as a warning
is prohibited.
(9)
A case report shall be completed in all situations in which a firearm
is discharged, or an intermediate weapon used, for any reason other
than training purposes, and shall become an official document of any
investigation.
(10)
All incidents of deadly force and any use of force that results in
serious bodily injury or death shall be jointly investigated by the
internal oversight committee (as defined below) and by the external
oversight function (as defined below) with responsibility for the
law enforcement unit involved. The designated investigators shall
file a report with the responsible law enforcement manager, with the
external oversight function, with the Board and, if the incident involved
a Reserve Bank, with the president of that Reserve Bank. Nothing in
these regulations shall be construed to preclude the investigation
of incidents of any use of force by an appropriate law enforcement
agency.
(11) Law enforcement
units shall supplement this use-of-force policy with consistent policies
and procedures. It is the responsibility of the law enforcement units
to review and update such policy statements or guidance in a timely
and comprehensive manner.
