LEE COUNTY SHERIFF’S OFFICE GENERAL ORDER # 3.01 Effective Date: 01/01/2009 Review: A ‘SUBJECT: Force ~ Use of Force 1. DEFINITIONS A Lawful Force- An aggressive act committed by a peace officer in the performance of hs, ‘duty in order to accomplish policing objective of this Office Necessary Force - The minimum amount and degree of lawful force to achieve a legitimate police objective Non-deadly Force - A quality or quantity of force which in the circumstance then present is nelther likely nor intended to cause grave bodily harm. Non-deadly force shall be taken to mean the physical strength or skill of one or more officers. Deadly Force - That force which the circumstance then present is either capable of or intended to cause grave bodily harm or death. Deadly force, in the context ofthis order ‘means that force inflicted or capable of being inflicted by the use of firearms. Forcible Fetony - Forcible felony means any felony which involves the use, threat, physical force or violence against any person (s). 2. LAWEUL FORCE A 6. The purpose of this section of this administrative order isto provide a framework within which the peace officer can properly and lawfully discharge his law enforcement duties, whether or not the situation necessitates the use of deadly force. Personnel are often confronted with situations where they control public safety. The duty and authority of an officer require him to exercise this control and employ such reasonable force as may be necessary to meet the objective. Control may be achieved through advice, warnings, persuasion or by the use of necessary physical force. ‘While the use of reasonable physical force may be necessary in situations which cannot, bbe otherwise controlled, force may nat be resorted to unless and until the reasonable alternatives have been exhausted or would clearly be in effective under the particular circumstances, Force may be used by an officer in the performance of his/her duty: 1. When necessary to preserve the peace, prevent commission or offenses, or prevent suicide or self-canflicted injury. 2. When preventing or interrupting a crime or attempting crime against property.3 Whar making lawful arrests and searches, overcoming r@ arrest and searchas, and preventing ascapas from c! 4 Wea in seif-defanse, ar dafense of another against unlawful violence o his of force which may be employed is based upan, but not limit ymount and cags to the following Factors 1. The nature ofthe offense 2. The behavior of the subject ageinst whorn the force is tobe used. 3, Actions by third parties who may be present. 4 Physical conditions and tactical considerations. 5. The possibilty of creating a unreasonable risk of injury or death to innocent person (s) 6. The Feasibility or avalabilty of alternative actions. Although the careful use of necessary force Is permitted by law, and the police officer is, Infact, required to exercise force under certain circumstances, the use of unnecessary force is contrary to law, places the Office ina position of civil lability, the officer in jeopardy of civil and criminat liability, and Is hereby prohibited. ‘easonable force, then It should be noted that ifthe officer employs unnecessary and u the person against whom the force is being applied has the right to resist and defend self. Officers should, under normal circumstances, employ the follawing methods or Instrumentaliies in the application of lawful force. Thase methods or instrumentalities are listed in ascending order from the least severe to the most drastic. Its the officer's responsibility to first exhaust every reasonable means of employing the minimum amount of force before escalating to amore severe application of force. ‘Methods or instrumentalities are as follows: 1 Physi I strength and sil 2, Approved OC Spray, 3. Approved baton, nightstick, or other such weapon. Saps, blackjacks, brass knuckles, etc,, are prohibited, 4, Approved weapons and ammunition,3 4, 5. DEADLY FORCE A The use of deadly force by an officer during his/her performance of duty is restricted «0 che Following L When the officer reasonably bellevas it necessary to defend his/her own life or the life of another to prevent grave bodily injury to himself/herself or another and all other available means of defense have failed or would be inadequate or dangerous, When necessary to prevent the commission af forcible felonies as defined above in section LE To effect the arrest of a person at the scene of a crime attempting to escape from the scene ofa crime, but only if there isa serious threat af immediat2 danger to the officer or third person(s), such as the use of firearms ar hostages, When necessary to destroy a fatally wounded or sick animal, but only after every reasonable attempt to locate and receive permission from the animals owner and/or animal cantral officers, The use of deadly force is not justified under the following circumstances: 1. Warning shots are prohibited, 2. Shots shall not be fired at person(s} who have committed or are committing traffic violation, misdemeanors, nan-forciale felonies, and forcible felonies not in progress except as defined in A.1 ar A.3 above, 3, Shots shall not be fired merely to prevent the destruction of theft ar property. 4, Shots shall not be fired me property. ly to prevent the destruction or theft of 5. Shots shall not be fired to halt and person, including fleeing felons, who simply runs away to aveid arrest except as defined in A.3. 6. Shots shall not be fired from a moving vehicle or at 2 moving vehicle, except as defined in A1, A.2 or A3. USE OF FORCE BY NON-SWORN PERSONNEL ‘The use of any level of force, including that of deadly force, of any method or instrumentality, by ‘any non-sworn personnel is limited to that which is reasonably necessary for self-defense or to prevent injury or death to another. SPECIAL CONSIDERATIONScrust be linvted to teat reaso ed by the officer atthe ti fication far the use of lawful fore appears to be the facts known or perc2k to.use such farce how compellirg, cannot be to later determine whether the use of lawful farce, garticularly that of daadly force, was justified 8. Thase rules are not intended to anply to the use of special weapons in unusual situations, animals used in crowd control, or ta handcuff or restraining davices, A DEATH REPORT. Any time any member of this Office employs force to the extant of injury or death or discharges 2 firearm for any r2ason whether on or off duty, he/she shall write a complete report Use of Force Report) separate fram the field incident report detailing the incident, all the Factors surrounding it, the officer's evaluation of the situation at the time of the Incident, the weapon or instrument involved, any injuries or property damages, etc., and cause it to be forwarded through the chain of command to the Sheriff. This shall be done before securing for the day.