NEW ALBANY POLICE DEPARTMENT - New Albany, Ohio
NEW ALBANY POLICE DEPARTMENT - New Albany, Ohio NEW ALBANY POLICE DEPARTMENT - New Albany, Ohio
Chapter 1 Reviewed/Revised-June 2012 Directive 1.1 – Use of Reasonable Force/Action Response Policy 1.1.1 Use of Reasonable Force 1.1.2 Use of Deadly Response 1.1.3 Warning Shots/Restrictions on the Use of Firearms 1.1.4 Use of Authorized Less-Than-Lethal Weapons 1.1.5 Use of Knives 1.1.6 Rendering Aid After Use of Weapons 1.1.7 Reporting Uses of Force 1.1.8 Reviewing “Response to Resistance” Reports 1.1.9 Removal from Line of Duty, Use of Force 1.1.10 Authorization: Weapons and Ammunition 1.1.11 Demonstrating Proficiency With Weapons 1.1.12 Annual Proficiency Demonstration/Training 1.1.13 Issuing Written Directives 1.1.14 Analyze Reports From Response to Resistance (see Dir. 1.1.7) Directive 1.2 – Training 1.2.1 Training 1.2.2 Mandatory Training 1.2.3 Optional/Specialized Training 1.2.4 Training Records 1.2.5 Remedial Training 1.2.6 Attendance Requirements 1.2.7 Travel Arrangements 1
NEW ALBANY POLICE DEPARTMENT Directive 1.1 – Use of Reasonable Force/Action Response Policy 1.1.1 Use of Reasonable Force A. Definitions Deadly Force - any force which carries a substantial risk that it will proximately result in the death of any person. (ORC §2901.01 A-2) Force - actions taken by the employee designed and intended to control the behavior of a person or persons. Physical Force - contact with a person intended to subdue that individual until resistance is overcome. Progressive Force - The escalation of force used to control an individual’s action. B. Police Department personnel will use the amount of force reasonable to control a situation or person, effect an arrest, overcome resistance to an arrest, and/or defend him/herself or others from harm. C. When force is required, the degree of force used should be reasonable to overcome the amount of resistance or threat employed by the subject and to regain control as outlined in the Action - Response Continuum (Addendum A). D. The use of force by personnel will, when practical, be progressive in nature. This force may be in the form of verbal commands, hands-on contact, use of less-than-lethal weapons, and the use of deadly force. E. Police Department personnel will not use unreasonable force toward any person. 1.1.2 Use of Deadly Response A. New Albany Police Department officers, acting within the scope of their employment, shall be justified in the use of a deadly response under the following circumstances: to defend him/herself from what is reasonably believed to be an imminent threat of serious physical harm or death; to defend another person from what is reasonably believed to be an imminent threat of serious physical harm or death; when the officer reasonably believes that there is substantial risk of death or serious physical harm to any person if the apprehension of the offender is delayed even if the risk is not immediate. B. A police officer shall not use deadly force on an unarmed, non-dangerous suspect (Tennessee v. Garner, 1985). (471 U.S.1 (1985)). An officer may employ a deadly response to stop a fleeing suspect if the officer has Probable Cause to believe all of the following apply: The suspect committed a Felony. The response is necessary to prevent the escape of the suspect. 2
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<strong>NEW</strong> <strong>ALBANY</strong> <strong>POLICE</strong> <strong>DEPARTMENT</strong><br />
Directive 1.1 – Use of Reasonable Force/Action Response Policy<br />
1.1.1 Use of Reasonable Force<br />
A. Definitions<br />
<br />
<br />
<br />
<br />
Deadly Force - any force which carries a substantial risk that it will proximately<br />
result in the death of any person. (ORC §2901.01 A-2)<br />
Force - actions taken by the employee designed and intended to control the<br />
behavior of a person or persons.<br />
Physical Force - contact with a person intended to subdue that individual until<br />
resistance is overcome.<br />
Progressive Force - The escalation of force used to control an individual’s<br />
action.<br />
B. Police Department personnel will use the amount of force reasonable to control a<br />
situation or person, effect an arrest, overcome resistance to an arrest, and/or defend<br />
him/herself or others from harm.<br />
C. When force is required, the degree of force used should be reasonable to overcome the<br />
amount of resistance or threat employed by the subject and to regain control as outlined<br />
in the Action - Response Continuum (Addendum A).<br />
D. The use of force by personnel will, when practical, be progressive in nature. This force<br />
may be in the form of verbal commands, hands-on contact, use of less-than-lethal<br />
weapons, and the use of deadly force.<br />
E. Police Department personnel will not use unreasonable force toward any person.<br />
1.1.2 Use of Deadly Response<br />
A. <strong>New</strong> <strong>Albany</strong> Police Department officers, acting within the scope of their employment,<br />
shall be justified in the use of a deadly response under the following circumstances:<br />
<br />
<br />
<br />
to defend him/herself from what is reasonably believed to be an imminent threat of<br />
serious physical harm or death;<br />
to defend another person from what is reasonably believed to be an imminent threat<br />
of serious physical harm or death;<br />
when the officer reasonably believes that there is substantial risk of death or serious<br />
physical harm to any person if the apprehension of the offender is delayed even if the<br />
risk is not immediate.<br />
B. A police officer shall not use deadly force on an unarmed, non-dangerous suspect<br />
(Tennessee v. Garner, 1985). (471 U.S.1 (1985)).<br />
An officer may employ a deadly response to stop a fleeing suspect if the officer has<br />
Probable Cause to believe all of the following apply:<br />
<br />
<br />
The suspect committed a Felony.<br />
The response is necessary to prevent the escape of the suspect.<br />
2