DOUGLASVILLE POLICE DEPARTMENT Standard Operating Procedure
SOP #: 10-06-01.9
Replaces: 10-06-01.8
Effective Date: 11/23/20
Review Date: Annually
Purpose
Scope
Use of Force: Responding to Resistance and/or Aggression
The purpose of this policy is to provide structure and guidance to officers when responding to subjects resisting/refusing lawful orders, acting in a violent manner, and/or resisting lawful arrest.
This policy is for departmental use only and does not apply in any criminal or civil proceeding. The departmental policy will not be construed as a creation of a higher legal standard of safety or care in an evidentiary sense with respect to third party claims. Violations of this policy will form the basis for departmental administrative sanctions only. Violations of law will form the basis for civil and criminal sanctions in a recognized judicial setting.
The policy covers:
I. Use of deadly force and establishes responsibilities and duties concerning the investigation into the use of deadly force incidents.
II. Use of threats of deadly force.
III. Use of non-deadly force.
IV. Use of Force reports and review.
This policy applies to all employees of the Douglasville Police Department.
I. Use of Deadly Force
A. There are several legal definitions that are important to understand when it comes to the use of deadly force.
1. “Deadly Force” has been defined by statute (OCGA § 16-3-21(a)) to mean that degree of force which is intended or likely to cause death or serious bodily injury.
2. “Serious Bodily Injury” has been defined by statute and case law in Georgia to mean:
a. Harm which seriously disfigures a person’s body, or a member thereof, regardless of whether such serious disfigurement is permanent or temporary; or
b. Harm which renders a member of a person’s body useless, regardless of whether such state of uselessness is permanent or temporary; or
c Harm which deprives a person of a member of his or her body.
3. “Forcible Felony” has been defined by statute (OCGA §16-3(6)) to mean “any felony which involves the use or threat of physical force or violence against any person.”
B. If a situation occurs which dictates the use of deadly force, the decision to take another person’s life is the most serious decision a police officer can ever be called upon to make. When circumstances permit and when reasonably practical, officers should make every effort to identify themselves as law enforcement officers and give a verbal warning of their intent to use deadly force.
C. Georgia statutory law, under OCGA § 16-3-21(a) justifies the use of deadly force as such:
“A person is justified in using force which is intended or likely to cause death or serious bodily injury only if he or she reasonably believes that such force is necessary to prevent death or serious bodily injury to himself/herself, or a third person, or to prevent the commission of a forcible felony.”
D. Deadly Force / Firearms – if a suspect immediately threatens the officer, another officer, or a citizen with such force that is likely to cause death or seriously bodily injury, and has the ability and opportunity to immediately carry out this deadly force against the officer or a third party, the officer is justified in using deadly force. Officers must keep in mind the State and Federal laws concerning the use of deadly force, and use only that force which is reasonable to affect the arrest.
E Warning Shots
Police officers are strictly prohibited from discharging their firearm as a warning shot.
F Bystanders
Officers are discouraged from discharging firearms when it appears likely an innocent person may be injured.
G. Discharging Firearms at Vehicles
No officer of this department will fire their weapons at a moving vehicle unless:
1. The officer is outside his/her vehicle and the offending vehicle is being used as a weapon against him/her or another citizen and there is no avenue of escape; or
2. The occupant of a moving vehicle threatens an officer or other citizens with a firearm or other deadly force regardless of whether the officer is inside or outside of his/her vehicle.
H. Discharge of Firearm
Officers are reminded that every time a firearm is discharged (accidentally or not), it is the officer’s duty to report the incident to a superior officer. Exceptions to this rule would be firearms training and practice.
I. Procedures When Deadly Force was Used
1. Responsibilities and Duties of Involved Officer
a. When deadly force is used and it results in an injury, immediately after the scene is secured, the officer involved will:
i. When a firearm is involved, holster the weapon, without reloading or unloading.
ii. Determine the physical condition of any injured person and render first aid.
iii. Request emergency medical assistance.
iv Notify 911 of the incident and location and have a supervisor respond.
v Detain all witnesses.
b. Unless injured, the officer will remain at the scene until the arrival of the appropriate investigators.
c. The officer will protect his weapon for examination and submit it to the appropriate investigator.
d. The officer will prepare a report of the incident in a timely manner.
e The officer will not discuss the case with anyone except:
i. Supervisory and assigned investigative personnel.
ii District Attorney’s office
iii. His/her attorney
iv. A mental health professional
v Religious personnel of their choice
2. Supervisory Responsibilities
a. Insure the security and integrity of the scene.
b Notify the chain of command.
c. Notify the appropriate jurisdiction.
d. Notify the appropriate investigative personnel.
e. If circumstances dictate that the continued presence of the officer at the scene might cause a more hazardous situation to develop (e.g. violent crowd), the Supervisor will have the authority to instruct the officer to move to another more appropriate location. Have someone remain with the officer at all times.
f Insure the suspect/victim is medically attended to.
g. Have an officer accompany the suspect/victim to the appropriate medical facility. The officer will record conversations with the suspect/victim.
h. Isolate witnesses.
i. Isolate other involved officers.
j. Obtain the officer’s weapon used in the incident, and if possible, give the officer another similar weapon. New weapons can be obtained from the training office if necessary.
3 Responsibility of the Deputy Chief of Police
a. Proceed immediately to the scene.
b. The Chief of Police along with the Deputy Chief of Police will make a determination as to what agency will conduct the investigation.
c. Insure the security and integrity of the scene.
d. Conduct a preliminary field investigation.
e Render command assistance to the assigned investigators.
f. Assist the involved officer(s).
g. Keep the Chief of Police apprised of ongoing events
h. Designate a Public Information Officer to address media with information approved by the Chief of Police or his designee.
4. Investigative Responsibility
a Investigations of deadly force in which injury or death occur will be directed by the Chief of Police or his designee.
b An investigator will be notified by the Chief of Police to initiate an internal affairs investigation to review the investigation for any procedural violations of departmental policies and procedures.
c. A criminal investigator will photograph the incident. The investigator will assist the outside agency designated.
d. All written reports will be submitted without delay to the Chief of Police in original form.
e. The criminal and internal affairs investigator will keep the Chief of Police apprised of all aspects and information regarding the incident.
5. Treatment of the Officer(s) Involved
a. In every instance in which an officer uses deadly force, where such force results in death or serious bodily injury to another person, the officer will immediately be relieved of normal duty.
b The officer will be available at all times for official interviews and statements regarding the case and will be subject to recall to normal duty at any time after the preliminary investigation.
c. The officer may be assigned to an administrative position or other duty for a period of time deemed appropriate by the Chief of Police.
d. The officer may be required to attend a session with a mental health professional before returning to full duty.
II Threat of the Use of Deadly Force
A. Law enforcement officers are routinely required to affect arrests, seizures, detentions, and searches of potentially dangerous individuals. Accordingly, officers are authorized in displaying the threat of the use of deadly force in situations that ordinary citizens are not authorized in displaying such threat of force. It is important to understand the difference between the display of the threat of deadly force (for example, un-holstering and brandishing a firearm during a felony takedown) and the actual use of deadly force (discharge of a firearm). The situations in which the actual use of deadly force is authorized is discussed in Section I above.
B. OCGA § 17-4-20(b) defines situations in which law enforcement officers are authorized in displaying the threat of deadly force to apprehend a suspected felon. Such force is justified in apprehending a suspected felon only when:
1. The officer reasonably believe that the suspect possesses a deadly weapon or any object, device, or instrument which, when used offensively against a person, is likely to or actually does result in seriously bodily injury; or
2. The officer reasonably believes that the suspect poses an immediate threat of physical violence to the officer or others; or
3. There is probably cause to believe that the suspect has committed a crime involving the infliction or threatened infliction of serious physical harm.
C. OCGA § 17-4-20(b) further states that:
“Nothing in this Code section shall be construed so as to restrict such sheriffs or peace officers from the use of such reasonable non-deadly force as may be necessary to apprehend and arrest a suspected felon or misdemeanant.”
D. An officer who is engaging in the display of the threat of deadly force while apprehending a suspected felon in the situations outlined in OCGA § 17-420(b) may not actually use deadly force (i.e. discharge his/her firearm) unless confronted with a situation that would justify the use of such deadly force as discussed in Section I above.
III. Use of Non-Deadly Force
A. Officers are often confronted with situations where control must be exercised to affect arrests or detentions, and to protect the public safety. Control may be achieved through advice, warnings, and persuasion, or by the use of force.
B. Force may be used by a police officer in the performance of police duties:
1. When making lawful arrests or detentions, and preventing escapes from custody;
2. When in self-defense or defense of another against unlawful violence to that person.
3. To preserve the peace during violent protests when lawful to do so.
C. The amount and degree of force which may be employed are based upon, but not limited to, the following factors:
1. The nature of the offense;
2. The behavior of the subject against whom the force is to be used;
3. Actions by third parties who may be present;
4. Physical conditions and tactical considerations, including, but not limited to the age and size of the subject against whom the force is to be used;
5. The possibility of creating an unreasonable risk of injury or death to innocent persons;
6. The feasibility or availability of alternative actions.
D Using Force and Force Options
1. When confronted with a situation where the officer must use force to affect an arrest or detention the officer should consider what he knows and observes when deciding what techniques and/or options to use. The techniques and/or options used by the officer must be:
a. used to control the subject
b. reasonable
c. relative to the subjects resistance level
d. cease when control of the subject has been established.
2. De-escalation of a potential violent confrontation is a priority for the Douglasville Police Department. Officers should attempt de-escalation techniques to diffuse a situation when feasible and without compromising officer safety.
3. Officers may use force that is reasonable to overcome and control the situation and subjects involved. Officers may choose what option of force to use given the situation and based on what they know at the time of the incident. Force options that officers are provided include:
a. Deadly Force / Firearms
b. Soft / Empty Hand control – Techniques that have a low potential of injury to the subject.
c. Hard / Empty hands – Techniques that have a possibility of creating mental stunning and/or motor dysfunction.
d. Taser
e. OC Spray
f. Expandable baton
g Less Than Lethal Munitions
h. Officer Presence / Verbal Commands / De-escalation –the officer uses commands and conversation to attempt to get the suspect to comply.
4 Although these are the force options provided by this agency, nothing in this policy is intended state that an officer is forbidden to use other means to defend themselves in a deadly force encounter. If their department issued firearm cannot be accessed or used, other weapons can be used to defend their life or the life of a third party.
5. As with the use of deadly force, officers have the duty to render aid when non-deadly force results in an injury or complaint of injury.
E. Excessive Use of Force
1. Excessive force and brutality on individuals by any member of this department will not be permitted. When an officer is affecting an arrest or detention, force may be used as previously mentioned. The use of any piece of equipment, whether city issued or not, (i.e. handcuffs, flashlight, etc.) will be used for their intended purposes only and not as a method for inflicting injury, except in cases where the officer reasonably believes that using such was their best option in preventing serious injury or death.
2. The Douglasville Police Department forbids the use of any kind of neck restraints or choke holds to subdue a subject.
3 If an officer witnesses what he/she feels is an excessive use of force by any member of this department, the officer is required to intervene in that use of force and then immediately report that excessive use of force to any on-duty supervisor, regardless of rank.
F. Officer Reporting of Use of Force Incidents
1. Officers will immediately inform the shift supervisor of each incident involving the use of physical force, weapons, or objects.
2. Officers will document in their incident report the details of the use of force.
3. Each officer present or assisting in an arrest or incident where force was used will write a supplemental report. This report will include the details of the use of force if the supporting officer witnessed the force application.
G. Off-Duty Use of Force
Officers who are working off-duty jobs and are involved in situations which require any use of force will report the incident immediately to the supervisor on duty and write a complete report of the incident. The supervisor on duty will follow the same procedures as if it were an officer assigned to their shift.
IV Use of Force Reports
A. A Use of Force Report will be completed in Guardian Tracking System by the officer(s) involved in any of the incidents listed below. A supervisor may also enter these reports if the situation warrants this action. The report should be completed before the end of the shift in which the use of force took place. If there are exigent circumstances keeping the officer(s) from completing the report by the end of their shift; a supervisor may approve for the report to be completed the next day/within twenty-four (24) hours of the incident. The report should be forwarded from the Sergeant/Lieutenant to OPS. The incidents include:
1. Any instance that the officer was required to forcefully restrain the suspect and/or forcefully place them in handcuffs to affect the arrest.
2. The striking of a suspect with hands, feet, or any object including expandable batons.
3. Discharge of any firearm, whether accidental or not (except in training or recreational situations), or the discharge of OC spray or Taser Electronic control device.
B. If the use of force involves deadly force, either by or upon an officer, or results in serious injury, the Chief of Police or his designee will determine the investigating agency. In cases where there is a use of force involving a weapon or injury caused by any member of the Department, the incident will be investigated and reviewed in accordance with policy.
C. It will be the responsibility of the employee’s immediate supervisor to:
1 Conduct a preliminary investigation of the incident.
2. Photograph any injury to the suspect, officers, and damaged property, or ensure that another officer or detective does so. These photographs should be attached to the incident case file.
3 Ensure that the owner of any damaged property is aware of the damage.
D Use of Force Review
1 OPS will review all use of force reports and bring a report of the review to a command staff meeting within 30 days of the incident.
2. OPS will examine reports and other related documentation to determine if the use of force was justified. The justification of the use of force will be measured by the standard set by the U.S. Supreme Court in Graham v. Connor. The court stated that “The reasonableness of a particular use of force must be judged from the perspective of a reasonable officer on the scene, rather than with the 20/20 vision of hindsight.”
E. The commander of OPS will be responsible for notifying the Chief of Police of any Use of Force report that shows a failure to meet guidelines set forth in the SOP or departmental training. The Chief of Police will then determine if an Internal Investigation is required to investigate the officer(s) actions, or if the facts and evidence are already present to make a determination as to how to proceed in the matter. The Chief of Police, in conjunction with the command staff reviewing the incident, will then determine if disciplinary actions or further training is required to help ensure the officer’s actions are corrected. Remedial training will be handled by the Training division, and disciplinary corrections will be handled by the officer’s supervisors.
F. The Internal Affairs section of OPS will prepare an annual analysis of all Use of Force incidents that occurred in the previous calendar year. This report will be submitted to the Chief and Deputy Chief of Police by the end of the first quarter (March 31st) of the next calendar year.