Taser Orange Co Fl Use of Force Success
Download original document:
This text is machine-read, and may contain errors. Check the original document to verify accuracy.
ORANGE COUNTY USE OF FORCE SUCCESS I’m with the Orange County Sheriff’s Office in Orlando, FL (1300 sworn deputies and we do not run our jail). We started our TASER program in late 2000 with 6 T & E TASERs. Since then, we’ve purchased a total of 483, primarily deployed in our Uniform Patrol Division. Since the implementation of the TASERs we’ve noticed the following: • • • • • • • • Injuries to deputies during arrest situations have dropped 88%. We’ve gone from 13 (2000) uses of our firearm to 4 (2001) to 0 (2002) (THE TASER DOES NOT REPLACE THE FIREARM). Out of approximately 775 uses of the TASER, we have only received 17 complaints to our Professional Standards Division (Internal Affairs) and none were sustained. Dramatic reduction in the use of K-9, Impact Weapons, Impact Munitions, Chemical Agents and physical force. The TASER is our primary defensive tactics weapon. We’ve had nothing but positive media attention. Reduction in liability by utilizing the TASER when our previous option would have been deadly force. (As you know, even when law enforcement is justified in the use of deadly force, civil proceedings typically occur). Noticeable deterrence of resistance by suspects who are aware of our agencies TASER deployment and “word on the street.” Truly a Non-lethal weapon. Use-of-force breakdown for the Orange County Sheriff's Office (Florida) Chemical force Physical force Firearms K9 Impact weapons Impact munitions Taser Total* 1999 300 78 5 62 27 0 2000 263 75 13 60 21 1 2001 221 52 4 48 13 2 2002** 64 29 0 29 5 0 0 3 228 201 410 383 527 295 Down 79% Down 63% Down 78% Down 53% Down 81% 68% of all force 295 NOTE: Impact weapons include batons, nightsticks and truncheons. Impact munitions include bean-bag rounds. * The total can include more than one type of force used during an incident. ** Reports filed through Friday, July 23, 2002. Since deploying the ADVANCED TASER, Orange County Deputy injuries went from 120 in 2000 to 24 in 2002. An 80% decrease. Workman’s Comp claims went from 175; 72; and 20 over the past three years. SOURCE: Orange County Sheriff's Office We are striving for full deployment (1300), cost being the only deterrent but consider this, one, $1,000,000 lawsuit or the money saved on Workman’s Comp. claims would probably buy TASERs for every officer on your department. If you do purchase the TASERs I have some training recommendations: • • • • Use only weak hand draw holsters. (Prevents officer from drawing their handgun when their intentions were to draw their TASER (and vice versa). Train with your K-9 handlers as to not deploy a TASER on a suspect when the canine is apprehending the suspect. (Electrical shock is a corrective measure to the canines) Make the carrying of the TASER mandatory. Do not let the officers remove their impact weapons or chemical agent from their utility belt. (These tools are needed for a variety of reasons. The TASER should not be deployed on a suicidal person who is 470.0, Page 2 covered in a flammable liquid. This is where the baton or pepper spray could be used. The baton will break windows for forced entry. I also recommend pepper spray on dogs since it will spray 10-15 feet. The TASER will work on dogs but getting a 2 probe hit on a small moving object is difficult. (Also consider the flammability of the propellant used in your pepper spray). We utilize the TASER in passive resistance and above in our Use of Force Matrix. Of approximately 750 uses, we have found the TASER was utilized approximately 150 in passive resistance cases. (This shows we’re not abusing the TASER and trigger happy). Attached are two documents; one is our Use of Force Policy and a recent study by our Professional Standards Division presented to the Citizen Review Board. (This is an independent group which review our excessive force and abuse of power complaints) If you have any questions please feel free to contact me, (407) 448-6081. Sgt. Paul “Spike” Hopkins Orange County Sheriff's Office 470.0, Page 3 January 23, 2003 TO: Captain Lynn Behnke Administrative Operations Bureau Support Services Division Research and Development FROM: Acting Captain Ted R. Brown Professional Standards Division SUBJECT: Request For Taser Information From The Citizen’s Review Board During the November 2002 monthly meeting of the Citizen’s Review Board (CRB) they asked our agency to provide some information concerning taser usage by our employees. Specifically, the CRB wanted to know how many times the taser has been used since the inception of the program, and how many excessive force complaints we have had concerning the taser during that same time period. The CRB also wanted to know how many times the taser has been deployed when the resistance level of the subject is at passive physical resistance (level 3), and not higher. In October of 2000, six (6) Orange County Deputy Sheriffs began carrying the taser as a control group to evaluate the product as a potential tool for employees to carry in the future. From October of 2000 through December of 2000, those deputies utilized the taser three (3) times, and received zero (0) complaints. There were no subjects exhibiting passive physical resistance levels during those deployments of the taser. NOTE: During 2000, there were three (3) taser deployments, two hundred and sixtythree (263) chemical deployments, seventy-five (75) uses of physical force, twenty-one uses of an impact weapon (ASP), and thirteen (13) uses of a firearm. NOTE: The TASER is distributed in small numbers throughout the year, as deputies successfully complete the TASER training course. Therefore it would be difficult to determine how many TASER were being carried at any specific time during 2001 or 2002, with the exception of the end of the year totals. By the end of 2001, the agency had two hundred and thirty (230) tasers being carried agency wide. During 2001, deputies deployed the taser two hundred and twenty-nine (229) times, and received two (2) complaints. Of the two hundred and twenty-nine (229) TASER deployments, forty-four (44) or 19.2% of those deployments were on subjects exhibiting passive physical resistance levels. Request For Information From The Citizen’s Review Board January 23, 2003 470.0, Page 4 Page 2 NOTE: During 2001, there were two hundred twenty-nine (229) taser deployments, two hundred twenty-two (222) chemical deployments, fifty-two (52) uses of physical force, thirteen (13) uses of an impact weapon (ASP), and four (4) uses of a firearm. By the end of 2002, the agency had approximately five hundred (500) taser being carried agency wide. During 2002, deputies deployed the taser five hundred and thirty (530) times, and received fourteen (14) complaints. Of the five hundred and thirty (530) taser deployments, eighty-eight (88) or 16.6% of those deployments were on subjects exhibiting passive physical resistance levels. NOTE: During 2002, there were five hundred and thirty (530) taser deployments, one hundred and one (101) chemical deployments, forty-seven (47) uses of physical force, eight (8) documented uses of an impact weapon (ASP), and zero (0) uses of a firearm. In summary, since October of 2000, Orange County Deputies have deployed their tasers approximately seven hundred and sixty-two (762) times, and received sixteen (16) complaints. Of the approximately seven hundred and sixty-two (762) taser deployments, one hundred and thirty-two (132), or 17.3% of those deployments were on subjects exhibiting passive physical resistance (level 3) levels. It appears that as more deputies are being authorized to carry the taser, they are choosing to utilize the taser as opposed to other ways to combat resistance. In every category, (chemical, physical, impact weapon, and firearm) the use of those types of force has reduced each year, especially the use of the chemical spray. It should also be noted that according to the agency’s assistant director of Human Resources, injuries to deputy sheriffs and workman’s compensation claims are down also. ______ T. R. B. 470.0, Page 5 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 POLICYUSE 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 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. 2. 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. 3. 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. C. Taser – A defensive weapon approved by the agency that transmits electrical pulses to override the central nervous system and control the skeletal muscles. D. 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. E. Slight Physical Harm – An injury NOT prohibiting normal duties or activities (e.g. bruise, redness, slight strain). F. Moderate Physical Harm - Can NOT perform normal duties, medical treatment necessary (e.g., strains and sprains). 470.0, Page 6 G. 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. H. 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. I. 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. J. 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: a. 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 b. The firing of a firearm at a vehicle in which the person to be arrested is riding (F.S. 776.06). c. 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 subsection 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 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 470.0, Page 7 4. 5. 6. b. defeat the actions of the deputy but forces the deputy to employ physical maneuvers, chemical agent, or the taser to establish control. 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. 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. 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. 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. 2. 3. 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 nonfirearm 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. Communication – no potential for physical harm: d. Dialogue: A two way, controlled, non-emotional communication between the deputy and subject, aimed at problem identification and/or resolution. e. Verbal Direction: A deputy tells or commands a subject to engage in or refrain from a specific action or non-action. f. 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 470.0, Page 8 c. spray agent used to subdue a subject. 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. 4. 5. 6. 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 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. 2. 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. 3. 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 470.0, Page 9 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. g. Additional factors that must be considered when making use of force decisions include: a. Subject Factors: 1. 2. 3. 4. b. c. Seriousness of crime committed by subject. Size, age, and weight of subject. Apparent physical ability of subject. 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. 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. 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. B. 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. C. 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. b. c. d. h. Shorter or longer length. Flashlight attachments. Personalized end caps. Magnetic tips. 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. 470.0, Page 10 3. 4. D. 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. 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. E. i. 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. j. 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. k. 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. 4. 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. 5. Any discharge, either intentional or accidental, will necessitate the immediate notification of the deputy's immediate supervisor. 470.0, Page 11 6. F. G. 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 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. 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. 3. Only deputies trained and certified in the REACT Belt system are authorized to use the REACT Belt. 4. The REACT Belt system shall be used in accordance with the manufacturers’ specification and training at all times. 5. 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. 3. Prior to carrying a Taser, deputies shall successfully complete agency approved training. 4. 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. 5. 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 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. c. 470.0, Page 12 3. All photographs shall be forwarded to Forensics in accordance with Training Bulletin 99-1, Digital Camera Procedures. 6. Any discharge other than the function test, either intentional or accidental, shall necessitate the immediate notification of the deputy’s immediate supervisor. 7. 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. 8. The dataport on the Taser stores the time and date the Taser was fired. a. During the issued deputy’s annual inventory at Control/Supply, the information from the dataport downloaded and forwarded to Professional Standards. Material will be b. Only personnel assigned to Professional Standards or Material Control/Supply may download the information from the dataport. H. 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. I. 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 lesslethal weapons. 1. 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. J. 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. 3. 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). 4. 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. 470.0, Page 13 5. 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. K. 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. L. 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 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. M. 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. N. 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. O. 2. When engaged in sporting activities or shooting exhibitions as a representative of the agency. 3. At an authorized target range for practice or training purposes. 4. To kill a seriously wounded or dangerous animal when necessary. 5. 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. 6. 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. 470.0, Page 14 P. 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. 3. Use a firearm to arrest or prevent the flight of a person who has committed a misdemeanor or traffic violation. 4. 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. 5. Intentionally place themselves in the path of an oncoming vehicle and attempt to disable the vehicle by discharging their firearms. Q. 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. R. 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 15 c. Advise Communications to request a Crime Scene investigator to respond, if deemed necessary. d. 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. 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. 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. g. File a report of the incident in the Commander's Report. 3. S. 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. 3. Immediately notify their respective supervisor. 4. Secure the scene and summon sufficient backup personnel. 5. 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. 6. Prepare a Use of Defensive Tactics/K-9 Report Form. Defensive Tactics/K-9 Report will be completed. 7. 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. g. File a report of the incident in the Commander's Report. 8. 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. Only Part 1 of the Use of 9. 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 470.0, Page 16 full duty. T. 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. e. U. 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. 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 470.0, Page 17 f. g. h. i. j. k. l. m. n. Professional Standards Commander or designee on preliminary indications from the scene. The responding Professional Standards agent is not considered part of the Shooting Team. 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. 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 470.0, Page 18 o. p. q. r. V. 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 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. 3. The report of the incident should include, but is not limited to, the following: 470.0, Page 19 a. b. c. d. e. f. g. h. i. j. k. l. 4. A chronological narrative of the incident in detail, including all events prior to, during, and immediately after the shooting. 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. Whether agency members were involved or present at the incident and in uniform or civilian clothing. Whether vehicles were marked or unmarked and the vehicle numbers. 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. A description of injuries sustained by any person present at the time of 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. W. 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. X. 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. 3. The Homicide Squad will be responsible for the investigation of all in-custody deaths. 470.0, Page 20 4. Y. 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. Z. 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 21 (This page intentionally left blank for inclusion of the use of force matrix) 470.0, Page 22 USE OF FORCE REPORTING REQUIREMENTS RESPONSE LEVELS USE OF DEFENSIVE TACTICS / K-9 INCIDENT FORM REPORT 1 Presence No No 2 Field Interview Stance No No 2 Dialogue No No 2 Verbal Direction No No 2 Touch No No 3 Transporters No (Yes: If Injuries - Known or Suspected) Yes 3 Pain Compliance No (Yes: If Injuries - Known or Suspected) Yes 3 Take Downs No (Yes: If Injuries - Known or Suspected) Yes 3 Restraint Devices No (Yes: If Injuries - Known or Suspected) Yes 3 Counter Moves No (Yes: If Injuries - Known or Suspected) Yes 3 Chemical Agent/IPD Yes Yes 3 REACT Yes Yes 4 Intermediate Weapons Yes Yes 5 Incapacitation Yes Yes 6 Deadly Force Yes Yes