Taser Orange Co Fl Use of Force General Order 2001

• Topics: Excessive Force, Stun Guns/Tasers

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ORANGE COUNTY SHERIFF'S OFFICE
GENERAL ORDER

Effective Date: June 26, 2001

⌧ Rescinds - G.O. 470.0 (August 22, 2000)
Amends

Number: 470.0
Print Date:

SUBJECT: USE OF FORCE POLICY
Distribution: ALL SWORN PERSONNEL

CALEA Standards: 1.3.1, 1.3.2, 1.3.3, 1.3.4, 1.3.5, 1.3.6, 1.3.7, 1.3.8, 1.3.9,
1.3.10, 1.3.13
CFA Standards: 4.07, 4.09, 4.11

This order consists of the following:
1.
Purpose
2.
Policy
3.
Definitions
4.
Procedures
1.

Purpose
The purpose of this policy is to protect the agency and individual deputies from liability for
actions taken. To establish guidelines for the appropriate use of force and ensure proper
training for all personnel in defensive weapons.

Policy
This policy establishes guidelines for sworn personnel concerning the Sheriff's Office use of
force that reflects agency philosophy, professional law enforcement, and established state
and judicial standards. It shall be the policy of the agency to use only that degree of force
that is necessary to perform official duties.
Deputies shall not strike or use physical force against any person except when necessary
in self defense, in defense of another, to overcome physical resistance to lawful
commands, or to prevent the escape of an arrested person. When deadly force is justified,
it shall be considered a last resort and be employed for effect and not for warning.

Definitions
A.
Approved Expandable Baton - An expandable baton approved by the agency
referred to hereafter as the “expandable baton”.
B.

Chemical Agent IPD (Individual Protection Device) - An aerosol spray agent such as
Oleoresin Capsicum (OC) and/or Orthochlorobenzylidenemalononitrile (CS), or any
other formulation of chemical agent approved by the agency for carry and use.

Taser – A defensive weapon approved by the agency that transmits electrical pulses
to override the central nervous system and control the skeletal muscles.

Use of Force Matrix – The Use of Force Matrix is a set of guidelines established to
assist Orange County Sheriff’s Office deputy sheriffs in their decision-making
process regarding the appropriate use of force.

470.0, Page 2

Slight Physical Harm – An injury NOT prohibiting normal duties or activities (e.g.
bruise, redness, slight strain).

Moderate Physical Harm - Can NOT perform normal duties, medical treatment
necessary (e.g., strains and sprains).

Great Bodily Harm - Harm to the body which involves a risk of death, serious
permanent disfigurement, loss of or impairment of a bodily function or bodily organ.

Imminent Danger – In relation to homicide in self-defense, this term means
immediate danger, such as must be instantly met, such as cannot be guarded
against by calling for assistance of others or the protection of the law. Or, as
otherwise defined, such as an appearance of threatened and impending injury as
would put a reasonable and prudent man to his instant defense.

In-Custody Deaths – A death, or the on set of a physiological condition resulting in
death, that occurs while a subject is in law enforcement custody, or while an attempt
is being made to take a subject into custody. Such deaths are usually, but not
necessarily, associated with positional asphyxia, cocaine psychosis, alcohol
intoxication, excited delirium, or Neuroleptic Malignant Syndrome, as defined in TB
95-11. The death may or may not involve the application of force. Deaths that occur
as the result of vehicle crashes are not included.

Deadly Force – A force that is likely to cause death or great bodily harm, permanent
disability or permanent disfigurement and includes, but is not limited to:
1.
The firing of a firearm in the direction of the person to be arrested, even
though no intent exists to kill or inflict great bodily harm; and
2.

The firing of a firearm at a vehicle in which the person to be arrested is riding
(F.S. 776.06).

The term “deadly force” does not include the discharge of a firearm by a law
enforcement officer during and within the scope of his or her official duties
which is loaded with a less-lethal munition. As used in this sub-section the
term “less-lethal munition” means a projectile that is designed to stun,
temporarily incapacitate, or cause temporary discomfort to a person without
penetrating the person’s body.

Deadly force includes discharging a firearm, or the use of an instrument like a knife,
club, baton (side handle baton, expandable baton, etc), or any use of force in a
manner likely to cause death, great bodily injury, permanent disability or permanent
disfigurement.
4.

Procedures
A.
Use of Force Matrix.
1.
The Use of Force Matrix is meant to be used as a guideline for a deputy to
select effective, reasonable, and legal force options in a verbal or physical
encounter. The Use of Force Matrix is comprised of Subject resistance

470.0, Page 3

Levels and Officer Response Levels which incorporate the following:
a.
Subject Resistance Levels:
1.
Presence – no physical harm: A subject is there, on the scene,
with accompanying suspicious activity.
2.
Verbal Resistance – no physical harm: A subject may verbally
refuse to comply with a deputy’s requests or attempts to control
the situation. The subject may threaten the deputy with further
resistance. Or, the subject may not verbally respond to the
deputy.
3.
Passive Physical Resistance – slight physical harm: A subject
physically refuses to comply or respond to a deputy’s
command. He/she does not make any attempt to physically
defeat the actions of the deputy but forces the deputy to
employ physical maneuvers, chemical agent, or the taser to
establish control.
4.
Active Physical Resistance – slight to moderate physical harm:
A subject makes physically evasive movements to defeat a
deputy’s attempt at control. This may be in the form of bracing
or tensing, attempts to push/pull away or not allowing the
deputy to get close to him/her.
5.
Aggressive Physical Resistance – moderate physical harm: A
subject make overt, hostile, attacking movements which may
cause injury, but are not likely to cause death or great bodily
harm to the deputy or others.
6.
Aggravated Physical Resistance – a great bodily harm: A
subject makes overt, hostile, attacking movements with or
without a weapon with the apparent ability to cause death or
great bodily harm to the deputy or others.
b.
Officer Response Levels:
1.
Command Presence - no potential for physical harm:
a.
Presence: The deputy is there, on the scene, with the
subject. This includes proper voice and/or other
identification, body language, and awareness by the
subject that he/she is dealing with a deputy.
b.
Field Interview Stance: The deputy adopts a stance
outside of his/her danger zone that provides appropriate
protection and forms the basis of an effective physical
response if attacked. In such a stance, the firearm or
strong side leg is back; the non-firearm or weak side leg
is forward; the feet are about shoulder width apart;
knees slightly bent giving balance, control and a lower
body center of gravity; equally distributed body weight,
and the hands are up for guarding the upper body.
2.
Communication – no potential for physical harm:
a.
Dialogue: A two way, controlled, non-emotional
communication between the deputy and subject, aimed
at problem identification and/or resolution.
b.
Verbal Direction: A deputy tells or commands a subject
to engage in or refrain from a specific action or non-

470.0, Page 4

action.
c.
Touch: A touch used to comfort or console a distraught
individual. A deputy may use a soft assisting touch
when guiding, directing or obtaining the attention of a
subject, or a firm, strong touch prior to escalating to a
higher level of force.
Physical Control – slight potential for physical harm:
a.
Restraint devices: Mechanical tools used to restrict a
subject’s movement and facilitate searching; such as
handcuffs, flex cuffs, leg irons, belly chains, optional
nylon restraining devices, etc.
b.
Chemical Agent Individual Protection Device: Aerosol
spray agent used to subdue a subject.
c.
Transporters: Techniques used to control and/or move
a subject from point A to point B with minimum effort by
the deputy in order to gain and retain control over the
subject.
d.
Take Downs: Techniques that redirect, in a controlled
manner, a subject to the ground in order to limit his/her
physical resistance and to facilitate the application of a
restraint device.
e.
Pain Compliance: Techniques that force a subject to
comply with a deputy as a result of the deputy inflicting
controlled pain upon specific points in the subject's
body, such as pressure point techniques.
f.
REACT:
Remote Electronic Activated Control
Technology for prisoner control.
g.
Counter Moves: Techniques that impede a subject’s
movement, such as blocking, striking, distracting,
kicking, parrying, dodging, weaving, re-directing, or
avoiding, followed by appropriate controlling techniques.
h.
Taser: Electronic weapon with projectiles used to
subdue a subject.
Intermediate Weapons – slight to moderate potential for
physical harm:
a.
Impact Weapons that are primarily used to control a
subject such as an expandable baton or side handle
baton.
b.
Flashlight, clipboard or any other item used as a
weapon or opportunity.
Incapacitation – moderate potential for physical harm:
a.
Excluding less-lethal impact projectiles and tasers,
techniques that are intended to stun or render a subject
temporarily unconscious or unable to resist. These
techniques may be delivered with or without an impact
weapon, such as a strike to a major nerve area.
b.
The use of neck restraints are prohibited, however
empty hand techniques may be utilized in
circumstances or situations where the actions of a

470.0, Page 5

subject constitute aggravated physical resistance which
could result in great bodily harm, permanent disability,
permanent disfigurement or death to the deputy or
others.
Deadly Force – high potential for great bodily harm or death:
a.
Techniques that may result in death, great bodily injury,
permanent disability or permanent disfigurement, such
as impact weapon strikes to the head, or use of firearms
as defined in F.S.S. 776.06. Deadly force techniques
are a last resort.

As a subject increases his/her resistance level from verbal to physical, a
deputy may have to increase the level of his/her response until the resistance
ceases and the deputy is able to gain control of the subject. As soon as the
point of subject compliance is reached, the deputy must de-escalate his/her
response level to the minimum force necessary to control the subject.

In properly determining the appropriate response to a subject’s resistance,
several factors must be evaluated by a deputy. For instance, an unarmed,
small framed female, juvenile subject may be displaying Level 5 resistance,
but would probably only require a Level 3 response by the average deputy.
On the other hand, a single deputy faced with a very large professional
wrestler or football player may very well find that his/her response to even
mild resistance must be escalated to a relatively high point on the matrix. It
must be remembered that by law, a deputy need not retreat in his/her efforts
to lawfully control a subject, but may utilize the amount of force necessary to
accomplish his/her task. This is not to say that a tactical retreat in the face of
overwhelming odds may not be a wise choice.

Additional factors that must be considered when making use of force
decisions include:
a.
Subject Factors:
1.
Seriousness of crime committed by subject.
2.
Size, age, and weight of subject.
3.
Apparent physical ability of subject.
4.
Number of subjects present who are involved, or who may
become involved.
5.
Weapons possessed by or available to the subject.
6.
Known history of violence by subject.
7.
Presence of innocent or potential victims in the area.
8.
Whether the subject can be recaptured at a later time.
9.
Whether evidence is likely to be destroyed.
b.
Deputy Factors:
1.
Size, physical ability, and defensive tactics expertise of the
deputy.
2.
Number of deputies present or available.
3.
Immediate reaction in the case of sudden attack.
4.
Weapons or restraint devices available to the deputy.
5.
Legal requirements.

470.0, Page 6

6.
Agency policy.
7.
Environment.
The above listed subject and deputy factors are not all inclusive. Any
and all determining factors must be properly articulated by the
deputy(s) employing physical force.

All devices described in this policy will be used only after successful completion of a
course in the proper use and carrying of the device. Reporting requirements for use
of force described in this directive are listed in the attached matrix.

Side Handle Baton, Straight Baton or Expandable Baton
1.
Deputies shall be authorized to carry an approved expandable baton only
after successful completion of a course of instruction provided or approved
by the agency. Uniform deputies shall carry the issued expandable baton
when engaged in any uniform assignment. The issued expandable baton
shall be carried and utilized only as authorized and no changes, alterations,
modifications, or substitutions shall be made to the expandable baton without
the prior written approval of the deputy’s Division Commander via
memorandum through the chain of command. The approved substitutions or
modifications to the issued expandable baton are as follows:
a.
Shorter or longer length.
b.
Flashlight attachments.
c.
Personalized end caps.
d.
Magnetic tips.
2.

When utilizing the expandable baton, deputies shall use only that degree of
force which is necessary to protect anyone from physical attack or to
overcome actual physical resistance to arrest. The agency shall provide
annual in-service training regarding the use of the expandable baton to all
affected personnel.

Side handle or straight batons are only authorized by the Sheriff during
special unit applications.
When an employee of the agency uses a baton, a Use of Defensive
Tactics/K-9 Report Form, must be prepared and forwarded to the Division
Commander, along with a copy of the Offense Report. The immediate
supervisor will investigate each incident and ensure proper forms are
submitted. A copy of the Use of Defensive Tactics/K-9 Report Form shall be
forwarded to Professional Standards.

Use of Chemical Agent Individual Protection Device
1.
An issued chemical agent, I.P.D. may be used when Level 3 or higher
resistance is encountered. The chemical agent’s physiological effects make
its use more suitable in certain situations. Proper use will aid in making an
arrest with minimum force.
2.

Deputies and non-sworn personnel authorized by the Sheriff shall be
permitted to carry an approved chemical agent IPD only after successful
completion of a course of instruction provided or approved by the agency.

470.0, Page 7

Uniform deputies shall carry the issued chemical agent IPD when engaged in
any uniform assignment. All sworn personnel are encouraged to carry an
approved chemical agent while engaged in non-uniform assignments. The
issued chemical agent shall be carried and/or utilized only as issued and
authorized. No changes, alterations, modifications, or substitutions shall be
made to the issued chemical agent canister without the prior written approval
of the deputy’s Division Commander via memorandum through the chain of
command. The approved substitutions to the issued chemical agent I.P.D.
are as follows:
a.
Key chain canisters.
b.
Pen canisters.
c.
Kubaton canisters.

Prior to carrying an approved chemical agent I.P.D., personnel will be
required to view the agency’s training videotape on the use of chemical
agents.

When the issued chemical agent has been deployed, replacement canisters
shall be obtained from Material Control/Supply. Personnel shall also replace
their chemical agent canisters on or before the expiration date on the bottom
of the canister or 5 years after the date of manufacture on the side of the can,
dependant upon the brand carried.

Replacement of non-issued chemical agent I.P.D.’s is at the expense of the
individual deputy.

Chemical Agent I.P.D. Procedures
1.
Personnel may use an approved chemical agent I.P.D. when they are
required to use physical force for protection from assault and/or to take a
person into custody. The chemical agent I.P.D. may also be used against
attacking dogs.
2.
The chemical agent should be used before "hands on" techniques or the use
of impact weapons (batons, etc.) when possible.
3.

To prevent the hydraulic needle effect, when possible, the chemical agent
I.P.D. should not be sprayed directly at a subject’s eyes at distances of less
than 3 feet.

After spraying the suspect with the chemical agent, the arresting officer will
then handcuff the individual to minimize the threat of injury to either the
deputy or suspect. The deputy will then expose the suspect to fresh air or
clean water to allow for decontamination.

Any discharge, either intentional or accidental, will necessitate the immediate
notification of the deputy's immediate supervisor.

When an employee of the agency uses a chemical agent I.P.D., either
intentionally or accidentally, he or she must prepare a Use of Defensive
Tactics/K-9 Report Form, forward to the Division Commander, along with a

470.0, Page 8

copy of the Offense Report (if any). The immediate supervisor will
investigate each incident and ensure proper forms are submitted. A copy of
the Use of Defensive Tactics/K-9 Report Form shall be forwarded to
Professional Standards.
F.

Remote Electronic Activated Control Technology (R-E-A-C-T) Belt System
1.
The REACT Belt system is an electronic restraint belt system for inmate or
defendant management control.
2.

This restraint system shall only be used by the Court Security Unit or Fugitive
Unit personnel for inmate control, prisoner extradition or transportation as
authorized by a supervisor.

Only deputies trained and certified in the REACT Belt system are authorized
to use the REACT Belt.

The REACT Belt system shall be used in accordance with the manufacturers’
specification and training at all times.

When an employee of the agency activates the R-E-A-C-T Belt System and
stuns an inmate or defendant, a Use of Defensive Tactics/K-9 Report Form
must be prepared and forwarded to the Division Commander, along with a
copy of the Offense Report. The immediate supervisor will investigate each
incident for compliance with agency policy and ensure the proper forms are
submitted. A copy of the Use of Defensive Tactics/K-9 Report Form shall be
forwarded to Professional Standards.

Taser Procedures
1.
Personnel may use an approved Taser when they are required to use
physical force for protection from assault and/or take a person into custody.
An issued Taser may be used when Level 3 or higher resistance is
encountered.
2.

The Taser should be used before “hands on” techniques or the use of impact
weapons when possible. The Taser shall not be intentionally aimed at a
person’s head, neck or groin.

Prior to carrying a Taser, deputies shall successfully complete agency
approved training.

No changes, alterations, modifications or substitutions shall be made to the
Taser. All repairs to Tasers or accessories shall be completed by an
authorized vendor.

After a deputy uses a Taser to take a subject into custody, the deputy shall:
a.
Handcuff the subject to minimize the threat of injury to either the
deputy or the subject.
b.
Remove the Taser prongs at the earliest opportunity. The Taser
prongs shall only be removed by deputies who have completed

470.0, Page 9

agency approved training in the use of the Taser.
1.
Taser prongs that have struck the face, groin or female breasts
shall only be removed by fire/rescue or medical personnel.
2.
Taser prongs that have struck a person’s body shall be
considered a biological hazard and shall be handled in
accordance with General Order 390.0
Visually examine the area struck to determine if an injury was
sustained.
1.
A photograph shall be taken of all significant injuries.
2.
All injuries or the absence of injuries shall be noted on the Use
of Force/K-9 Report Form.
3.
All photographs shall be forwarded to Forensics in accordance
with Training Bulletin 99-1, Digital Camera Procedures.

Any discharge other than the function test, either intentional or accidental,
shall necessitate the immediate notification of the deputy’s immediate
supervisor.

When a deputy, either intentionally or accidentally, uses the Taser, even if a
subject is not struck, he or she shall prepare a Use of Defensive Tactics/K-9
Report Form and forward it via the chain of command to the Division
Commander, along with a copy of the Incident Report. The immediate
supervisor shall investigate each incident and ensure the proper forms are
submitted. A copy of the Use of Defensive Tactics/K-9 Report Form shall be
forwarded to Professional Standards.

The dataport on the Taser stores the time and date the Taser was fired.
a.
During the issued deputy’s annual inventory at Material
Control/Supply, the information from the dataport will be downloaded
and forwarded to Professional Standards.
b.
Only personnel assigned to Professional Standards or Material
Control/Supply may download the information from the dataport.

Other Weapons
Other less-lethal weapons may be authorized by the Sheriff for special unit
applications. Refer to General Order 472.0 on the deployment of less-lethal
weapons.
1.
When an employee of the agency uses a less-lethal weapon authorized by
G.O. 472.0, a Use of Defensive Tactics/K-9 Report Form, must be prepared
and forwarded to the Division Commander, along with a copy of the Offense
Report. The immediate supervisor will investigate each incident and ensure
proper forms are submitted. A copy of the Use of Defensive Tactics/K-9
Report Form shall be forwarded to Professional Standards.

Civil Disorder
When dealing with civil disorder situations where no arrest is possible if less-lethal
force is utilized, the Incident Commander or designee is responsible for the
completion of the Use of Defensive Tactics/K-9 Report Form. Refer to General
Order 472.0 on the deployment of less-lethal weapons.

470.0, Page 10

If an arrest is made, the deputy who used the less-lethal force is responsible
for completing the Use of Defensive Tactics/K-9 Report Form.

Flashlight and Other Weapons of Opportunity
1.
The flashlight should never be used as a weapon of choice but rather as a
weapon of opportunity. If the flashlight is used as a weapon of opportunity it
will be considered an impact weapon and will be used in exigent
circumstances at a Level 4 or higher response on the Use of Force Matrix.
2.

Any other item (e.g., radio, clipboard, etc.) that is used as a weapon of
opportunity will be considered an impact weapon and will be used in exigent
circumstances at a Level 4 or higher response on the Use of Force Matrix.

If the flashlight or any other object must be used as a weapon of opportunity
the strikes should only be directed at the same areas of the body and in the
same manner as if utilizing an approved impact weapon (e.g., expandable
baton, side handle baton, etc).

In the event that the flashlight, or other weapon of opportunity, is used as an
impact weapon, the deputy should disengage as soon as the situation
permits and transition to an approved impact weapon chemical agent or
defensive tactic technique.

When an employee of the agency uses a flashlight or other weapon of
opportunity as an impact weapon, a Use of Defensive Tactics/K-9 Report
Form, must be prepared and forwarded to the Division Commander, along
with a copy of the Offense Report. The immediate supervisor will investigate
each incident and ensure proper forms are submitted. A copy of the Use of
Defensive Tactics/K-9 Report Form shall be forwarded to Professional
Standards.

Nothing in this order shall prevent a deputy from utilizing any readily available object
or empty hand technique as a weapon in circumstances or situations where the
actions of a subject constitute Level 6 Resistance that could result in great bodily
injury, permanent disability, permanent disfigurement or death to the deputy or
others.

Analysis and Reporting
1.
Professional Standards will conduct an analysis and prepare an annual report
recommending training needs and/or policy modifications related to the use
of force. The analysis will encompass:
a.
Discharges of firearms investigated by the Shooting Team as outlined
in this policy.
b.
Actions that result in, or alleged to result in injury or death of another
person.
c.
The application of deadly or non-deadly force as defined by agency
Written Directives.
2.

The Training Section will on a continual basis review completed Use of

470.0, Page 11

Defensive Tactics/K-9 Report Forms to evaluate the effectiveness of and
need for training and product reliability.
3.

The Training Section will prepare an annual report on product reliability,
recommended training needs and/or policy modifications related to the use of
force.

Any deputy involved in an incident that requires the use of deadly or non-deadly
force shall, when necessary, advise Communications to notify the appropriate
emergency services and render medical aid within the scope of his or her training.

All personnel approved to carry an agency authorized weapon or firearm may only
utilize or discharge it under the following circumstances:
1.
When conducting authorized ballistics tests.
2.

When engaged in sporting activities or shooting exhibitions as a
representative of the agency.

At an authorized target range for practice or training purposes.

To kill a seriously wounded or dangerous animal when necessary.

To defend themselves or other persons against unlawful force when they
reasonably believe that such conduct is necessary to prevent imminent death
or great bodily harm to themselves or others.

To apprehend a fleeing felony suspect (which includes escapees) only when
such force is necessary and probable cause exists to believe the suspect
poses an immediate threat of death or serious physical injury to either the
deputy or another person. If possible, a verbal warning must be given prior
to utilizing deadly force.

Deputies shall inform persons to be arrested of their authority and the cause of
arrest, if possible and feasible, except when such person flees or forcibly resists
before the deputy has an opportunity to inform him, or when the giving of such
information would imperil the arrest.

Members of the agency are not authorized to:
1.
Fire warning shots
2.

Draw or display a firearm unless there is a fear for their own personal safety
or the safety of others. (Personal safety includes, but is not limited to the
search of a structure for a suspected felon).
a.
The intent of this provision is to permit deputies to protect their person
and others and to avoid the necessity of actually having to use a
firearm when the threat of doing so might accomplish the purpose.

Use a firearm to arrest or prevent the flight of a person who has committed a
misdemeanor or traffic violation.

470.0, Page 12

Discharge their weapons at or into a moving vehicle unless it is absolutely
necessary to do so to protect against an imminent danger to the life of the
deputy or others.

Intentionally place themselves in the path of an oncoming vehicle and
attempt to disable the vehicle by discharging their firearms.

Deputy Surrendering Weapon
Surrendering the weapon may mean giving away the only chance for survival. A
deputy should use every tactical tool at his/her disposal to avoid surrendering the
weapon. Experience has shown that the danger to a deputy is not necessarily
reduced by giving up the weapon upon demand.

Accidental Discharge of Firearm Without Injury
1.
Agency member(s) accidentally discharging a firearm not resulting in an
injury to a person will:
a.
Re-holster the weapon.
b.
Immediately notify their respective supervisor.
c.
Secure the scene and summon sufficient backup personnel, if
necessary.
d.
The deputy, with assistance from the supervisor, or his/her designee,
shall prepare a comprehensive written report of the incident in
memorandum form, which must include, but not be limited to:
1.
A chronological, detailed narrative of the incident, including all
events prior to, during, and immediately after the shooting.
2.
The names and addresses of all civilian witnesses, if any, the
names of other agency members present or involved, their
rank, division and duty assignment.
3.
Whether agency members were involved, or present at the
incident, and in uniform or civilian clothing.
4.
Whether vehicles were marked or unmarked, and vehicle
numbers.
5.
A description of the scene to include lighting, weather
conditions, obstacles, wind, foliage, trees, furniture, type of
ground cover or flooring, and any other natural or man-made
element which could have a bearing on the incident.
6.
A description of injuries sustained by any person present at the
time of the incident, which is not attributed to a police action.
7.
A list of other police, fire, and ambulance personnel present at
the scene, including names when possible.
8.
A sketch of the scene.
9.
Written statements from all witnesses, including civilian and
agency members.
10.
Prepare a Use of Defensive Tactics/K-9 Report Form.
2.

Immediate Supervisor Will:
a.
Respond to the scene without undue delay.
b.
Immediately notify the Watch Commander or designee.

470.0, Page 13

c.
d.

Advise Communications to request a Crime Scene investigator to
respond, if deemed necessary.
Secure the firearm and leave it unaltered until a Crime Scene
investigator arrives to document the weapon's condition. An
exception would be a semi-auto that could be de-cocked for safety.
Review the agency member(s) Use of Defensive Tactics/K-9 Report
Form and submit the original copy to Professional Standards, via
chain of command, along with a copy of the Incident Report.
Review the agency member's report for completeness and accuracy
and submit it to the Bureau Commander, via chain of command, along
with copy of the Incident Report.
File a report of the incident in the Commander's Report.

Watch Commander Will:
a.
Respond to all weapons discharges.
b.
Immediately notify the involved deputy's Division Commander or
designee.
c.
Notify Communications to make a tape of the incident.
All Other Incidents Where Firearm is Discharged (Except Killing of Animals)
In all other incidents where agency members discharge a firearm, they will:
1.
Re-holster the weapon.
2.

Immediately notify the appropriate emergency services, if necessary.

Immediately notify their respective supervisor.

Secure the scene and summon sufficient backup personnel.

Obtain the names and addresses of all civilian witnesses, if any, and the
names of other agency members present or involved, their rank, division, and
duty assignment.

Prepare a Use of Defensive Tactics/K-9 Report Form. Only Part 1 of the Use
of Defensive Tactics/K-9 Report will be completed.

Immediate Supervisors Will:
a.
Respond to the scene immediately.
b.
Immediately notify the Watch Commander.
c.
Request the on-duty or on-call Major Case Shooting Team to respond
to the scene of the incident.
d.
Request Professional Standards supervisor or representative respond
to the scene of the incident.
e.
Review the agency member(s) Use of Defensive Tactics/K-9 Report
Form and submit the original copy to Professional Standards, via
chain of command, along with a copy of the Incident Report.
f.
Request personnel assigned to the Forensics Squad to respond to the
scene of the incident. Crime Scene investigator will take custody of
the firearm for processing and provide the deputy with a replacement
weapon.

470.0, Page 14

File a report of the incident in the Commander's Report.

Watch Commander Will:
a.
Notify the involved deputy's Division Commander or designee, who
will make the appropriate administrative assignment for the deputy.
b.
Ensure the deputy's immediate supervisor has carried out all
responsibilities.
c.
Immediately notify the on-call Public Information Officer, who will
coordinate with the Shooting Team.

Division Commander will;
a.
Ensure the employee(s) are evaluated by the agency Staff
Psychologist or designee prior to releasing the employee(s) back to
full duty.

The Deputy Involved Shooting Team
1.
The Homicide Squad will be responsible for the Deputy Involved Shooting
Team.
a.
The Shooting Team will be comprised of a minimum of one on-call
Homicide Team, the Homicide supervisor, and two (2) detectives. A
second, third, or fourth Homicide Team may be called if the Homicide
supervisor feels it is necessary. The Forensics Squad supervisor and
on-call Crime Scene investigator will be notified immediately and
respond as part of the Shooting Team. Additional crime scene
investigators may be called at the discretion of the Forensics
supervisor.
b.
Upon arrival at the scene, the Major Case Section Commander or
designee will notify the involved Division Commander or designee of
the circumstances of the incident. The Division Commander or
designee will immediately notify the Bureau Commander or designee.
The Bureau Commander will notify the Undersheriff or designee who
will decide, based on the information known at that time, whether the
Orange County Sheriff's Office or the Florida Department of Law
Enforcement should be the lead investigative agency. Once the lead
investigative agency is determined, supervisors from that agency will
deploy personnel as needed. The lead agency will be responsible for
completing all reports and filing the applicable paperwork with the
State Attorney's Office.

c.
d.

In those cases where the Florida Department of Law Enforcement is
determined to be the lead investigative agency, their detectives and
Crime Scene investigators will head the investigation with Orange
County Sheriff's Office detectives and Crime Scene investigators
"shadowing".
The lead detective of the Homicide Team will supervise all other
detectives assigned to the case.
The Homicide supervisor or designee will act as the investigation
coordinator and oversee all aspects of the investigation.

470.0, Page 15

The Major Case Section Commander and/or Violent Crimes Unit
Lieutenant will act as a liaison between the Sheriff's Staff and the
Shooting Team.

Procedures at Deputy Shooting
1.
The Shooting Team will be responsible for the investigation of all deputy
involved shootings, with the exception of accidental discharges not resulting
in an injury or the killing of a wounded or dangerous animal.
a.
The Shooting Team will respond to the scene to assure proper crime
scene preservation and maintain control of witnesses and subjects.
The lead detective may direct assisting detectives to other locations,
as he/she deems necessary. Responding Shooting Team detectives
and crime scene investigator will monitor the Sheriff's Office channel
of the sector where the incident occurred.
b.
All witnesses, including the subject deputy/deputies, will be separated
to assure witness credibility. No one, other than the Shooting Team
detectives, should interview witnesses. This does not preclude a
supervisor asking basic questions in order to find out what has
occurred so that proper informed notifications can be made. Care
should be taken by the lead Shooting Team detective to fully explain
the investigative process to the involved deputy/deputies. The
involved deputy/deputies should not be left alone. A fellow deputy,
not involved in the incident, should stay to provide support.
c.
The Major Case Section Commander and/or Violent Crimes Unit
Lieutenant will respond to all deputy involved shooting incidents and
act as a liaison between the detectives and staff. The Homicide
supervisor will keep the Major Case Section Commander and/or
Violent Crimes Unit Lieutenant fully informed as to the progress of the
investigation.
d.
The Staff Psychologist will be notified of all Deputy-involved shootings.
e.
An agent of Professional Standards will respond to the scene as a
member of the Sheriff's staff. He/she shall verbally brief the
Professional Standards Commander or designee on preliminary
indications from the scene. The responding Professional Standards
agent is not considered part of the Shooting Team.
f.
The Forensics Squad supervisor and crime scene investigator will be
responsible for ensuring the shooting scene is properly and thoroughly
processed. The scene processing will include, but not be limited to,
ground level photographs, aerial photographs, and detailed
drawings/sketches with all relevant factors. The assigned crime
scene investigator will receive all weapons involved in a shooting
incident, carefully clearing and recording projectile quantity and
location. All weapons involved may be submitted as is to the Florida
Department of Law Enforcement. A semi-automatic will be decocked
before submission for safety purposes. The crime scene supervisor
will issue temporary replacement weapons to deputies. Before
responding to the shooting scene, the crime scene investigator and/or
supervisor should determine what kind of weapon the deputy will need
to replace his/her service weapon.

470.0, Page 16

i.
j.

If a death is involved, the Medical Examiner will be notified at the
appropriate time by the Shooting Team lead detective or by one of
his/her designees.
An area canvass will be initiated immediately to locate additional
witnesses who have pertinent information regarding the shooting. Any
witness information should be brought to the immediate attention of
the lead detective. Statements should be taken from all persons
interviewed whether or not they saw something.
Pre-interviews of witness deputies at the scene will be conducted by
the Shooting Team as part of a fact finding mission.
Upon completion of the pre-interviews, the Shooting Team will
conduct an on scene critique with the appropriate personnel to
discuss the facts and circumstances of the case. A decision will be
made whether or not to issue Miranda Warnings to subject deputy(s)
prior to conducting a formal interview. Deputies involved are to be
treated as any citizen involved in similar circumstances.
If Miranda Warnings are to be issued to the involved deputy(s), the
lead detective will read the Miranda Warnings to the involved
deputy(s) prior to obtaining a formal statement.
If feasible, a scene re-enactment will be conducted prior to the deputy
or civilian witnesses leaving the scene. The re-enactment should take
place while events are fresh in the participants’ mind and if any
participant is unable or unwilling to participate, a stand-in should be
provided.
The re-enactment should be video taped or
photographically preserved in as much detail as possible.
Once the investigation reverts to the formal interview stage, the
Shooting Team detectives will take tape recorded formal statements
from the shooters and taped or written statements from all other
witnesses.
The Staff Psychologist shall be notified of all deputy involved
shootings so that he can determine whether he should respond to the
location where the interviews are being conducted and speak with all
personnel involved in the shooting. All personnel involved in the
shooting incident will meet with the Staff Psychologist. The agency
Staff Psychologist or designee will contact the employee who
discharged his/her firearm to schedule an interview before the
employee is released back to full duty. The agency Staff Psychologist
or designee will forward his/her findings to the Professional Standards
Bureau Commander or designee and the employee’s Division
Commander or designee.
After the Shooting Team has conducted its preliminary on scene
investigation, the Major Case Section Commander or designee, as
soon as practical, will schedule a meeting with the member of
Professional Standards who responded to the scene. The Major Case
Section Commander or designee will verbally brief the Professional
Standards member on the current status of their investigation.
The Professional Standards Commander or designee will verbally
inform the Sheriff of the administrative status of the inquiry
surrounding the shooting and of the findings of the agency Staff

470.0, Page 17

Psychologist or designee.
The Criminal Investigations Division Commander or designee will,
within the first twenty-four hours of the investigation, schedule a
conference with the Sheriff, Sheriff’s Staff, and the P.I.O. to discuss
the status of the investigation, as well as other areas to be followed
up.
The Violent Crimes Unit Lieutenant and Homicide supervisor if
necessary will schedule a critique with the Shooting Team, Crime
Scene investigator and in some cases, the Medical Examiner and
State Attorney's Office to discuss all aspects of the case.

Shooting Report
1.
The initial responding deputies on the scene will complete an initial complaint
report on the incident or crime which precipitated the shooting incident.
Example: burglary, vehicle pursuit, robbery, etc. Their primary responsibility
reference the shooting investigation is:
a.
To secure the scene;
b.
Render first aid; and
c.
Gather witnesses.
Witnesses should be separated and an effort made to keep them from
leaving before the Shooting Team can conduct interviews. If a witness must
leave, then the deputy will get detailed information about the witness, as well
as what the witness saw.
2.

The report, under a separate case number, will be responsibility of the
Shooting Team's Lead detective. Copies of all reports from other units within
the Sheriff's Office or other police agencies will be supplied to the Shooting
Team. This is to help maintain continuity of the investigation. The Shooting
Team will be the clearing house of all information involving the shooting
incident. If there are discrepancies, the Shooting Team will deal with them
before the report is completed and information is released to the public. All
press releases should be coordinated with the Shooting Team and released
through the P.I.O.'s Office.

The report of the incident should include, but is not limited to, the following:
a.
A chronological narrative of the incident in detail, including all events
prior to, during, and immediately after the shooting.
b.
The names and addresses of all civilian witnesses, if any, and the
names of other agency members present, or involved, their rank,
division and duty assignments.
c.
Whether agency members were involved or present at the incident
and in uniform or civilian clothing.
d.
Whether vehicles were marked or unmarked and the vehicle numbers.
e.
A description of the scene to include lighting, weather conditions,
obstacles, wind, foliage, trees, furniture, type of ground cover or
flooring and any other natural or man made element which could have
a bearing on the incident.
f.
A description of injuries sustained by any person present at the time of

470.0, Page 18

h.
i.
j.
k.
l.

the incident, which is not attributed to a police action.
A description of the member's weapon, ammunition discharged,
number of rounds fired, direction, approximate distance, weapon
serial number, type of holster, and any other pertinent information.
A description of weapon or weapons used by all those involved.
A list of other police, fire and ambulance personnel present at the
scene, including names, when possible.
All available information on the suspect.
A detailed sketch of the scene.
Written or transcribed recorded statements from all witnesses,
including civilian and agency members.

Upon completion, the report will be forwarded to the State Attorneys’ Office
for review and to Professional Standards for administrative review and
presentation to the Civilian Review Board. Professional Standards will submit
a final report plus conclusions to the Sheriff.

Reassignment Pending Preliminary Administrative Review
The deputy or deputies involved in a shooting incident whether or not there is an
injury, will be temporarily reassigned to non-enforcement related duty for a minimum
of two weeks, pending a preliminary administrative review of the shooting incident.
The Sheriff reserves the right to deviate from the above.

In-Custody Deaths
In the event of an in-custody death, the following procedures will be followed:
1.
Immediate Supervisors Will:
a.
Respond to the scene immediately.
b.
Immediately notify the Watch Commander.
c.
Request the on-duty or on-call Homicide Squad detective respond to
the scene of the incident.
d.
Request a Professional Standards supervisor or representative
respond to the scene of the incident.
e.
Review the agency member(s) Use of Defensive Tactics/K-9 Report
Form and submit the original copy to Professional Standards, via the
chain of command, along with a copy of the Incident Report. Only Part
1 of the Use of Defensive Tactics/K-9 Report Form should be
completed.
f.
Request personnel assigned to the Forensics Squad respond to the
scene of the incident.
g.
File a report of the incident in the Commander's Report.
2.

Watch Commanders Will:
a.
Notify the involved deputy's Division Commander.
b.
Ensure the deputy's immediate supervisor has carried out all
responsibilities.
c.
Immediately notify the on-call Public Information Officer, who will
coordinate with the Homicide Squad.

The Homicide Squad will be responsible for the investigation of all in-custody

470.0, Page 19

deaths.
4.

Killing of a Seriously Wounded or Dangerous Animal When Necessary
1.
A deputy may discharge his/her firearm to kill a seriously wounded or
dangerous animal when all other disposition is impractical. If possible, the
deputy shall follow the below listed procedures:
a.
Contact sergeant and obtain approval.
b.
Exhaust all efforts to notify the owner (if any) to obtain owner's
permission to destroy animal.
2.

Upon completion of the Homicide Squad’s report, a copy will be forwarded to
Professional Standards for administrative review and presentation to the
Civilian Review Board. Professional Standards will submit a final report plus
conclusions to the Sheriff.

An Incident Report shall be made detailing the circumstances. The sergeant
shall log the incident on the Commander's Report and notify the Watch
Commander. Disposal of the carcass shall be handled in accordance with
agency policies concerning Animal Control Services.

Retraining
Every calendar year, all Orange County Sheriff's Office supervisory personnel will
read orally the preceding Use of Force Policy to their subordinates. Upon
completion of the reading of the Use of Force Policy, the supervisor will complete
the appropriate documentation for inclusion in the deputy's personnel file.

470.0, Page 20

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470.0, Page 21

USE OF FORCE
REPORTING REQUIREMENTS

RESPONSE
LEVELS

USE OF DEFENSIVE TACTICS / K-9 INCIDENT
FORM
REPORT

Presence

Field Interview Stance

Dialogue

Verbal Direction

Touch

Transporters