MOUNT DORA POLICE DEPARTMENT General Order - 401 Response to Resistance

Effective Date: June 12, 2020 Revision Date: Review Responsibility: Patrol Captain Review Month: February Scope: All Sworn ;

Table of Contents 401.01 General Guidelines 401.14 Expandable baton (ASP) 401.02 Practical Application 401.15 Weapons of Opportunity 401.03 Levels of Resistance 401.16 Post Incident Actions Required 401.04 Officer Response Levels 401.17 Reporting Requirements 401.05 De-escalation 401.18 Annual Administrative Review and Analysis 401.06 Deadly Force 401.19 Inspection and Replacement 401.07 Unnecessary Force and Duty to Intervene 401.20 Training 401.08 Firearms 401.21 Records Retention Procedure 401.09 Unauthorized Use of Firearms Appendix 1 Continuum Guideline 401.10 Use of Less-Lethal Force Appendix 2 Anatomical Illustration 401.11 Defensive Tactics Appendix 3 Less Lethal Target Zones 401.12 Oleoresin Capsicum (OC) Spray Appendix 4 Supervisor Questions 401.13 Conducted Electrical Weapon (CEW)

POLICY: All sworn members shall act in good faith when using force and conform to the provisions of Florida Statutes and this General Order. Section 776 of the Florida Statute, defines and authorizes law enforcement officers in the justifiable response to resistance. A sworn member may use reasonable force when he or she reasonably believes it’s necessary to defend himself or herself or another from bodily harm while making the arrest; when necessarily committed in retaking felons who have escaped; or, when necessarily committed in arresting felons fleeing from justice. The sworn member may use reasonable force if he or she believes that the fleeing felon poses a threat of death or serious physical harm to the officer or others; or reasonably believes that the fleeing felon has committed a crime involving the infliction or threatened infliction of serious physical harm to another person. It is the policy of the Department to value and preserve human life. Sworn members shall use only the force that is objectively reasonable to effectively bring an incident under control, while protecting the safety of the sworn members and others. Sworn members may use that amount of force which is reasonably necessary to affect lawful objectives. When determining a reasonable amount of force, sworn members should evaluate the totality of the circumstances.

401.01 General Guidelines: Sworn members shall use sound judgment in weighing the totality of the circumstances to select the proper response within the Response to Resistance guidelines. Generally, sworn members should exercise persuasion, advice and warning prior to engaging in the response to resistance unless it is not reasonable to do so under the circumstances.

Sworn members shall make a subjective, independent and individual judgment regarding the necessity or appropriateness of the force to be used. Therefore, under no circumstances shall a sworn members use force solely because another sworn members is using force. Use of physical force shall be discontinued when resistance ceases or when the incident is under control. Physical force shall not be used against individuals in restraints, except as objectively reasonable to prevent their escape or prevent imminent bodily injury to the individual, the sworn member or another person. In these situations, only the minimal amount of force necessary to control the situation shall be used.

Page 1 of 20 MOUNT DORA POLICE DEPARTMENT General Order - 401 Response to Resistance

Sworn members have an affirmative duty to intercede to prevent the use of excessive force if the sworn members has reason to know excessive force is being used and there is a realistic opportunity to intervene to prevent harm. The action required by the sworn members shall depend on the circumstances of the incident. Appropriate action may include, but is not limited to: a. Verbal or physical intervention; b. Immediate notification to a supervisor; and/or, c. A direct order by a supervisor to cease the use of excessive force.

Once the scene is safe and as soon as practical, an officer shall provide appropriate medical care consistent with his or her training to any individual who has visible injuries, complains of being injured, or requests medical attention. When the subject complains of being injured and/or states or shows symptoms of asphyxia, the officer shall immediately provide appropriate medical care consistent with his or her training and request medical attention. This may include providing first aid, requesting emergency medical services, and /or arranging for transportation to an emergency medical facility.

All responses to resistance shall be documented on the Defensive Tactics form (unless the response to resistance involves an officer involved shooting), incident reports, and investigated pursuant to this department policy.

Prior to carrying lethal or less-lethal weapons, sworn members shall be instructed in the department response to resistance policy and illustrate proficiency of such weapons.

Sworn members are obligated to ensure compliance with all applicable laws and the written directives of the Department.

401.02 Practical Application: Sworn members should respond to resistance in a manner that is reasonably necessary to effectively bring an incident under control. Sworn members are authorized to use the appropriate force based on the subject’s actions and resistance by considering the totality of the circumstances. As the level of resistance decreases, the officer shall deescalate their response level to the minimum force necessary to control the subject and gain compliance.

A sworn member who must respond to resistance by using some form of force shall use objective reasonableness in determining the amount of force to use to effectively control the subject(s) during a lawful seizure or arrest. Objective reasonableness is based upon the totality of circumstances known to or considered by the sworn members at the moment force was used and may include, but is not limited to, severity of crime; whether the subject is an immediate threat to the safety of the sworn members or any individual; whether the subject is resisting arrest or attempting to evade arrest by flight; the number of subjects and sworn members involved; the size, age, and condition of sworn members and subjects; the duration of the police action; injury; known violent history of an subject; known or suspected use of intoxicants by subject; known or apparent mental or psychological condition(s); environmental factors; and any other factor or circumstances that may be relevant to the response to resistance that is known or considered by the sworn members at the time such force is applied.

The “Response to Resistance Guideline” (appendix 1) provides a training guide to assist sworn members in determining their response to meet the resistance encountered by a subject. This “Response to Resistance Guidelines” is a guideline only; every response to resistance is unique to its own circumstances. The Guidelines shall not limit the sworn member’s response or permit greater response than objectively reasonable under the totality of circumstances.

Page 2 of 20

MOUNT DORA POLICE DEPARTMENT General Order - 401 Response to Resistance

The response to resistance guidelines recognizes that sworn members making response to resistance decisions based on the totality of circumstances at the time of the incident. In most incidents, circumstances are fluid and dynamic. Formulating a valid response requires continual assessment as the situation changes.

The following considerations should assist an officer in making response to resistance decisions (See Graham v. Connor, 409 U.S. 386 (US1989) : a. What is the severity of the offense? b. Is the subject an immediate threat? c. Is the subject actively or passively resisting? d. Was a warning given with a chance for the subject to comply?

The guidelines consider additional situational factors in determining the officer’s response options. They include, but are not limited to: a. Subject’s mental or psychiatric history, if known to the officer; b. Subject’s apparent combative skills; c. Subject’s access to weapons; d. Subject is located above ground where a hard landing is likely (i.e.: in a tree) e. Subject displays a disability or appears to be pregnant f. Innocent bystanders who could be harmed; g. Number of subjects versus number of sworn members; h. Duration of confrontation; i. Subject’s size, age, weight, and physical condition; j. Officer’s size, age, weight, physical condition and defensive tactics expertise; or, k. Environmental factors, such as physical terrain, weather conditions, etc.

Each application shall be considered a new response to resistance and analysis should occur.

401.03 Levels of Resistance: There are several ways a subject may resist an officer’s lawful authority. Possible resistance actions include:

a. Presence – The subject is on the scene in attendance of suspicious activity.

b. Verbal Resistance – The subject verbally refuses to comply with an officer’s requests or attempts to control the situation. The subject threatens the officer with further resistance or the subject does not respond to the officer.

c. Passive Physical Resistance – The subject physically refuses to comply or respond. He does not attempt to defeat the actions of the police officer but forces the police officer to employ physical maneuvers to establish control.

d. Active Physical Resistance – The subject makes physically evasive movements to defeat a police officer’s attempt at control. This may be in the form of bracing or tensing, attempting to push/pull away or not allowing the police officer to get close to him.

e. Aggressive Physical Resistance – The subject makes overt, hostile, attacking movements that may cause injury, but are not likely to cause death or great bodily harm to the police officer or others to include the subject causing the threat.

Page 3 of 20

MOUNT DORA POLICE DEPARTMENT General Order - 401 Response to Resistance

f. Aggravated Physical Resistance – The subject makes overt, hostile, attacking movements with or without a weapon with the intent and apparent ability to cause death or great bodily harm to the police officer or others to include the subject causing the threat.

401.04 Officer Response Levels: Sworn members shall respond to resistance in a manner that is reasonably necessary to effectively bring an incident under control. Based on the resistance of the subject, an officer may respond in several ways to include:

a. Arrival (Presence) – The officer is present on the scene. This includes proper voice and/or other identification, body language and awareness by the subject that he is interacting with a police officer.

b. Interview Stance – The officer adopts a stance outside their danger zone that provides appropriate protection and forms the basis of an effective physical response if attacked.

c. Dialogue – A two-way, controlled, non-emotional communication between the police officer and the subject aimed at problem identification and/or resolution.

d. Verbal Direction – The officer tells or commands a subject to engage in, or refrain from engaging in, a specific action or non-action.

e. Touch – The officer employs a soft assisting touch when directing or a firm, strong touch before escalating to a higher level of force.

f. Restraint Devices – Mechanical tools used to restrict a subject's movement and facilitate searching such as handcuffs, flex cuffs, leg irons, belly chains, hobble device, etc.

g. Transporters – Techniques used to control and/or move a subject from point A to point B with minimum effort by the officer to gain and retain control over the subject.

h. Pain Compliance – Techniques that compels a subject to comply with an officer as a result of the officer inflicting controlled pain upon specific points in the subject's body such as pressure point techniques.

i. Takedown – Techniques that redirect a subject to the ground in a controlled manner to limit physical resistance and to facilitate the application of restraint devices.

j. Countermoves – Techniques that impede a subject's movement toward an officer or others such as blocking, striking, distracting, kicking, parrying, dodging, weaving, redirecting or avoiding followed by appropriate controlling techniques.

k. Intermediate Weapons – Weapons that are primarily used to control a subject such as an OC spray, expandable baton, a CEW and canine.

l. Incapacitation – Techniques intended to stun or render a subject temporarily unconscious, delivered with or without an impact weapon, such as a strike to a major nerve area.

m. Deadly Force – Techniques that may result in death or great bodily harm. Deadly force techniques shall be considered a last resort.

Page 4 of 20

MOUNT DORA POLICE DEPARTMENT General Order - 401 Response to Resistance

401.05 De-escalation: An officer shall use de-escalation techniques and other alternatives to higher levels of resistance consistent with his or her training whenever possible. Whenever possible and when such delay will not compromise the safety of the officer or another and will not result in the destruction of evidence, escape of a suspect, or commission of a crime, an officer shall allow an individual time and opportunity to submit to verbal commands before force is used. 401.06 Deadly Force: Prior to the use of deadly force, law enforcement sworn members shall identify themselves and provide a warning and a chance to comply, if tactically feasible. Sworn members are authorized to use deadly force to: a. Protect the officer or others from what is reasonably believed to be a threat of death or serious bodily harm; b. To prevent the escape of a fleeing violent felon whom the officer reasonably believes poses a threat of death or serious physical injury to the officer or others; and/or, c. To destroy an animal that represents a threat to public safety or as a humanitarian measure where the animal is seriously injured and the officer reasonably believes deadly force can be used without harm to the officer or others. A member shall not use deadly force if there is a likelihood of serious injury being inflicted on anyone other than the targeted individual. The use of deadly force is not condoned if the consequences would be likely to outweigh the police purpose served. The safeguarding of human life shall outweigh all other considerations. Any sworn members whose actions result in death or serious bodily injury to another person will be temporarily relieved from duty and placed on Administrative Pay until a preliminary administrative review is completed. Upon clearance from EAP, the sworn member’s Bureau Commander or designee may grant additional time off in an Administrative Pay status for reasons related to the death or serious bodily injury of another person caused by the sworn members. Any time a response to resistance occurs that involves a use of deadly force on a person by an officer, or the death of an arrestee while in the care, custody or control of the Department, the ranking supervisor on duty shall contact the officer’s Bureau Commander or his/her designee, who will then contact the Chief of Police or designee. The Chief of Police or designees shall: a. Ensure the Florida Department of Law Enforcement (FDLE) is contacted to conduct an investigation. b. Initiate a “Staff Page” ensuring that all appropriate personnel are notified. c. Notify Department Armorer, for purposes of coordinating the weapon(s) exchange. d. Notify the agency Legal Advisor. e. If applicable, notify the State Attorney’s Office in accordance with their guidelines to request their participation in the investigation with FDLE. f. Professional Standards Investigator and Criminal Investigations Division shall be notified and respond to the scene. The Professional Standards Investigator shall submit all relevant statistical data related to incidents that result in the death or serious bodily injury of a person, as well as when an officer discharges a firearm at or in the direction of a person, to the FBI National Use-of-Force Data Collection reporting portal.

Page 5 of 20

MOUNT DORA POLICE DEPARTMENT General Order - 401 Response to Resistance

401.07 Unnecessary Force and Duty to Intervene: Unnecessary force is that force which has no lawful justification. Officers shall not use unnecessary force or violence in making an arrest or in dealing with a prisoner or any person. All prisoners and suspects will be treated in a fair and humane manner. Unnecessary force utilized as punishment or for vengeance, is clearly improper and unlawful. Such actions may cause an employee to face civil and criminal liability, to include departmental disciplinary action, which may result in the termination of the member. Any officer witnessing another law enforcement officer using illegal force shall intervene and stop the illegal force. If necessary, the officer witnessing the illegal force will take custody of the prisoner or control of the scene. Employees witnessing the use of inappropriate force by another officer will report the illegal force to their supervisor, as soon as possible following the incident. The failure to intervene and report unnecessary force shall result in disciplinary action, which may result in termination.

401.08 Firearms: All sworn members shall successfully complete the minimum qualifications set forth by the Criminal Justice Standards and Training Commission, prior to being authorized to carry a firearm or to make an arrest. Only authorized firearms shall be carried when on duty. An authorized firearm is any make, model or caliber of firearm approved by the Department Armorer and the Chief of Police to include all firearms issued by the Department and approved secondary firearms.

Varying types of firearms may be utilized by sworn personnel at different times, with specific purposes; but always in the performance of official law enforcement duties as governed by Department General Orders and applicable law. The categories are: a. Primary Service Handgun – The Department issued handgun carried by sworn members; b. Secondary Handgun – Any Department authorized handgun other than the primary service handgun that is carried while on-duty during the performance of law enforcement activities; c. Shoulder Weapons – Long guns to include shotguns, rifles and Less Lethal munitions.

While on-duty, authorized personnel shall carry their authorized primary firearm in a department- approved/issued holster. a. Authorized personnel should carry their firearm, badge, portable radio and identification card on their person, except when impractical due to the nature of the duties being performed. b. Authorized personnel in uniform shall carry a minimum of two (2) fully loaded magazines of approved ammunition in addition to the magazine in the firearm. c. Plain clothes sworn personnel shall carry one (1) fully loaded magazine of approved ammunition in addition to the magazine in the firearm. d. Plain clothes sworn personnel shall carry firearms in a Department-approved/issued holster. e. Sworn personnel involved in a specific assignment that requires carrying of a firearm other than that which is authorized by Department General Order may do so only upon authorization of the Chief of Police. Prior to carrying the firearm, the requirements in this General Order must be met. f. Plain clothes sworn personnel shall have their badge prominently displayed in plain sight when in public and carrying a firearm.

Carrying of Firearms Off-Duty a. Pursuant to section §790.052 of the Florida Statute, the Chief of Police may permit sworn members of the Department to carry an approved firearm while off duty. b. The Department authorizes sworn police sworn members to carry only Department- issued/personally owned Department-approved firearms and ammunition and only when sworn members have qualified with that weapon. c. While off-duty and in the jurisdiction of the City of Mount Dora, sworn members may perform those functions that they normally perform during duty hours, if necessary. Firearms must be used in a manner that is reasonably expected of on-duty sworn members in similar situations.

Page 6 of 20

MOUNT DORA POLICE DEPARTMENT General Order - 401 Response to Resistance

d. When an off-duty officer displays or discharges a firearm in other than a recreational or training capacity, they shall immediately notify the law enforcement agency within the jurisdiction where the incident occurred. As soon as practical, the officer shall also notify an on-duty Mount Dora Police Department Patrol supervisor, who will notify the chain of command. e. Time and safety permitting, the badge and identification card shall be displayed along with a verbal announcement of the officer’s identity and authority before the officer’s weapon is exposed or used. f. While off-duty, Department sworn members should not carry firearms into any business that serves alcoholic beverages other than restaurants or while under the influence of intoxicants such as alcohol or prescribed intoxicating medication such as depressants.

Sworn members shall be armed when in uniform and/or operating a Department owned vehicle, whether on or off duty.

Department-Authorized Firearms and Ammunition a. Primary Firearm is a Glock 17 9mm b. Glock 19 9mm for plain clothes sworn c. Shoulder weapons is a department-issued AR15 and shotgun. d. Department-Approved Ammunition 1. Law Enforcement/Self Defense Grade for all Department-issued/approved handguns. 2. Rifles: 223; 5.56 NATO. 3. Shotgun: 12 gauge.

The handgun, when not in use, shall remain inside the holster and completely secured. When the member perceives potential danger, the handgun may be removed from the holster. When the handgun is outside the holster in a tactical situation, the weapon shall be pointed down at a 45-degree angle (tactical ready position) until there is a need to fire or the member is at risk. The member’s trigger finger shall remain outside of the trigger guard until the member intends to discharge the weapon. The handgun shall be made safe as soon as practical. In no-threat situations when the handgun is outside the holster, the handgun shall be pointed in a safe direction.

Department sworn members are prohibited from carrying personally owned backup handguns unless approved by the Chief of Police. If approved by the Chief, the make, model, and serial number of the handgun will be registered with the Department Armorer. The weapon will receive a safety inspection and the officer carrying the weapon will qualify on the approved qualification course, which will be documented using the Secondary Firearm Authorization form. The following restrictions apply to the carrying, and use, of secondary handgun. a. It must be concealed at all times, except in use. b. It must not be used at any time that the primary handgun could have been used. c. It must be kept in a safe, workable condition, d. The member must prove proficiency with it, under the supervision of a departmentally approved firearm instructor, before it is carried. e. It must be kept securely, in a departmentally approved holster, to prevent loss during strenuous activity.

Any shoulder weapon is to be considered as a supplemental weapon and shall be carried only in those cases where the member's sidearm would be impractical or ineffective. The shoulder weapon shall be primarily used as a perimeter weapon to avoid operational difficulties presented in confronting suspects at close quarters, negotiating obstacles, or giving chase. The shoulder weapon shall never be displayed as an intimidator and sworn members must be able to articulate that its deployment was in keeping with good police practice.

Page 7 of 20

MOUNT DORA POLICE DEPARTMENT General Order - 401 Response to Resistance

The shotgun is the primary perimeter weapon and shall be used only by sworn members who have qualified with this weapon during required qualifications. Use of the shotgun shall be acceptable in the following circumstances: a. Perimeter or stakeout purposes. b. Situations involving poor lighting where aiming would prove difficult. c. Situations where suspects have superior firepower over the member’s sidearm. d. Tactical situations where suspects are known or suspected to have committed a forcible felony as defined in this policy.

Sworn members shall adhere to the following shotgun procedures. a. The member may place a round in the chamber and place the safety in the off position at his/her discretion when circumstances indicate that danger may be imminent. b. The member’s trigger finger shall remain outside of the trigger guard until the member intends to discharge the weapon. c. The shotgun shall be carried in either the low ready position (45 degree muzzle down and stock of weapon in shoulder) or port arms position while moving or until the member intends to discharge the weapon. d. The shotgun may be carried in a sling position muzzle up or muzzle down. When this method is used, the weapon will be in a cruiser ready mode (no round in the chamber and with the safety in the ON position). e. The shotgun shall be made safe by engaging the safety and removing the shell from the chamber as soon as it is practical. f. The shotgun will not be secured in the vehicle with a round in the chamber.

Sworn members, who have been trained and qualified, may deploy the AR-15 if circumstances warrant it. The use of the AR-15 shall be acceptable in the following instances: a. The suspect has shoulder weapons or superior weapons. b. There are multiple suspects with weapons. c. There are barricaded suspects. d. The use of a handgun and/or shotgun would be impractical. e. There is need for improved aim and greater accuracy.

Sworn members shall adhere to the following AR-15 rifle procedures: a. The member may place a round in the chamber and place the safety in the FIRE position at his/her discretion when circumstances indicate that danger may be imminent. b. The member’s trigger finger shall remain outside of the trigger guard until the member intends to discharge the weapon. c. The AR-15 shall be carried in either the low ready position (45 degree muzzle down and stock of weapon in shoulder) or port arms position while moving or until the member intends to discharge the weapon d. The AR-15 rifle may be carried in a sling position muzzle up or muzzle down. When this method is used, the weapon will be in a cruiser ready mode (no rounds in the chamber with the selector switch in the SAFE position). e. The member will know and understand the nature of the .223 caliber ammunition that is being fired and will know its potential range and penetration capabilities as taught during department training. f. The AR-15 rifle shall be made safe by engaging the safety and removing the shell from the chamber as soon as it is practical. g. The AR-15 shall not be placed in the vehicle weapon rack with a round in the chamber.

Page 8 of 20

MOUNT DORA POLICE DEPARTMENT General Order - 401 Response to Resistance

The security and safe keeping of issued weapons is of utmost importance. The AR-15 and shotgun, if left in a vehicle while off-duty and unattended, shall be secured by locking the vehicle and activating vehicle alarm and placing the long gun inside the vehicle’s gun vault. In case of vehicles without a gun vault, officers shall be required to take the long gun out of vehicle and place in a secure location at their residence.

While on-duty the AR-15 and shotgun must be secured in the gun rack when not in use. When leaving the vehicle unattended, for any period of time, the member must lock the vehicle and activate the vehicle alarm.

If a department firearm is stolen, the officer responsible for the stolen weapon will notify their supervisor as soon as possible. The loss or theft of a Department firearm(s) shall be reported by the officer, in writing. The officer shall also make a police report to the law enforcement agency having jurisdiction where the loss or theft occurred. A stolen firearm, as described above, will be entered as stolen in the National Crime Information Center (NCIC) by the agency having jurisdiction where it was stolen. A firearm that is considered to be lost and no criminal act is suspected will not be entered in the NCIC system. A copy of all relevant reports shall be forwarded to the Department Armorer. If the firearm(s) is/are recovered, the officer shall ensure that proper department supplementary reports are filed. The weapon shall be inspected by the Department Armorer prior to being authorized for use. Personally-owned weapons approved for authorized personnel that are lost or stolen are subject to the same reporting requirements mentioned above. All appropriate forms and the incident Report shall be completed and forwarded to the Chief of Police through the Chain of Command.

Firearms found to be unsafe or in need of repair will be turned in to the Department Armorer or designee. All such firearms must be accompanied by an explanation describing the nature of the repairs to be made, if known, with a statement as to the cause of the damage, if applicable. a. All firearms shall be referred to by its serial number. b. A temporary replacement will be issued pending repair. c. No part of a Department firearm (other than normal disassembly for cleaning) will be modified, altered or disassembled by anyone other than a Department-authorized Armorer

401.09 Unauthorized use of Firearms: An officer shall not draw a handgun or display a shoulder weapon except as authorized by the Response to Resistance General Order. Discharging a firearm is prohibited if it presents an unreasonable risk to the officer or others to include: a. Shooting into a crowd; b. Shooting through doors, through windows or into buildings without clear target identification; c. Shooting at subjects who only pose a threat solely to themselves; d. Shooting from moving vehicles; or, e. Shooting at moving vehicles; (Sworn members shall not place themselves in the path of any approaching vehicle. This is not intended to restrict an officer’s right to use deadly force directed at the operator of a vehicle when it is reasonably perceived that the vehicle is being used as a weapon against the officer or others). f. The firing of any warning shot is strictly prohibited.

The restrictions in this policy shall not cause sworn members to unreasonably endanger themselves or another person.

401.10 Use of Less-Lethal Force: The following less-lethal force techniques, tools, or weapons shall be authorized for use by a sworn members when he or she is properly trained and has proven proficiency in their use: a. Soft hands, defensive tactics; b. Expandable Baton (ASP)

Page 9 of 20

MOUNT DORA POLICE DEPARTMENT General Order - 401 Response to Resistance

c. Oleoresin Capsicum (OC) Spray; d. CEW; and, e. Less-Lethal Launchers; Sworn members shall maintain OC spray canisters, expandable batons, and less-lethal weapons in an operational condition. Replacements for damaged, inoperable or expended OC canisters, expandable batons, less-lethal weapons and less-lethal ammunition are the responsibility of the sworn members to whom they are issued. Unexplained depletion of less-lethal ammunition shall require documentation in a memorandum to the Department Armorer via chain of command by the officer. Off-duty sworn members shall not deploy or utilize department issued Less-Lethal weapons unless exigent circumstances arise as defined by law.

401.11 Defensive Tactics: Sworn members shall use department-approved tactics that are appropriate for the situation and in accordance with the written directives of the Mount Dora Police Department and Florida statute.

A head restraint is used for control of the subject and is not intended to render the subject unconscious. It is a technique used to manage the subject by controlling the head and using verbal commands.

The lateral vascular neck restraint (carotid restraint, chokehold) is a technique that may cause momentary unconsciousness by application of pressure to sides of the neck, thus restricting blood flow to the brain. The lateral vascular neck restraint shall only be utilized in situations warranting the use of deadly force. Its position on the Response to Resistance Guidelines is at the deadly force level; otherwise, sworn members are not authorized to use this technique.

401.12 Oleoresin Capsicum (OC) Spray: Sworn members are authorized to deploy department-issued OC spray when the subject exhibits passive resistance or greater. Sworn members in uniform shall carry the OC spray canisters on their duty belt. Plan cloths officer shall have their OC spray readily available.

The purpose of the chemical agent is to minimize the potential threat of resistance by the subject. Whenever a subject is exhibiting passive resistance, OC spray may be deployed after a warning and chance to comply has been issued. In cases involving higher resistance, sworn members shall issue a verbal warning and chance to comply if tactically feasible. The effects of OC Spray and sworn members response: a. An individual’s reaction to OC spray may vary and sworn members should be prepared to employ alternative methods to control the subject to include other force options consistent with Department policy. b. Medical assistance shall be summoned for any person affected by OC spray. c. After a subject is exposed to OC spray, they shall not be left unattended while in police custody. d. Assistance shall be offered to any individuals accidentally exposed to OC spray.

401.13 Conducted Electrical Weapon (CEW): Sworn members issued a CEW shall carry the CEW on their duty belt, weak hand side (opposite side from their primary weapon). Only a CEW that is functioning properly shall be carried in the field. A CEW shall be spark tested at the beginning of each shift as follows: a. Prior to testing, the attached cartridge (front of CEW) shall be removed from the device; b. Spark testing shall only be conducted in the designated area located at the rear of the Department, or while aiming in a safe direction with a solid back drop such as a concrete floor, wall, or other solid structure; and/or, c. Sworn members assigned to specialty units that do not carry a CEW every shift shall conduct a spark test weekly and immediately prior to any situation/operation that would require them to carry/deploy their CEW.

Sworn members are authorized to deploy the CEW when a subject exhibits active physical resistance or

Page 10 of 20

MOUNT DORA POLICE DEPARTMENT General Order - 401 Response to Resistance higher. Each deployment of the CEW is considered a separate response to resistance. Whenever possible, sworn members should give verbal commands and point the laser aiming sight at the subject prior to deployment. If tactically feasible, the subject shall be given a warning and chance to comply prior with each deployment. If practical, other sworn members present shall be advised that the deployment of a CEW is imminent. If two deployments of the CEW is used on a subject, and the subject is still not compliant, another option should be considered. Sworn members shall not deploy the CEW on a subject more than three times. Once a suspect is incapacitated or compliant, the deployment of a CEW is no longer justified. Medical assistance shall be summoned if the CEW probes embed into subject.

The CEW shall not be deployed if potentially flammable, volatile or explosive material (gasoline, natural gas, propane, etc.) is present; or if flammable chemical spray has been deployed on the subject.

Unless sworn members can articulate exigent circumstances which would make the deployment objectively reasonable, sworn members are prohibited from deploying a CEW in the following situations: a. On subjects in physical control of a motor vehicle, bicycle or moving conveyances except in cases of aggressive physical resistance; b. On females reasonably believed to be pregnant; c. On subjects with apparent physical disabilities impairing their mobility; d. On subjects who may fall and be seriously injured or killed (i.e. subject on an elevated location such as a rooftop or building ledge, climbing over a fence or wall); e. On a subject in standing water; f. On handcuffed or secured subjects unless the subject resists the officer with Aggressive Physical Resistance or Aggravated Physical Resistance; and/or, g. On handcuffed or secured subjects unless the subject has been able to move the restraints from behind their back and resists the officer with Active Physical Resistance, Aggressive Physical Resistance or Aggravated Physical Resistance.

Sworn members shall aim the CEW at the areas of the body as identified in the CEW Preferred Strike Zone Chart unless intensified techniques or deadly force is warranted. When a CEW is deployed, sworn members shall ensure the trigger is depressed once, unless the subject has failed to comply. When the trigger is depressed, the CEW shall deploy two small probes which are connected to the CEW by high-voltage insulated wire. The probes and wires should not be touched as the officer shall receive the same pulse as the subject. Sworn members shall keep their hands away from the front of the CEW at all times.

Each CEW activations during a continuous event are considered a response to resistance and must be justified. To minimize the number of standard five second cycles, sworn members shall attempt to secure under power as soon as practical.

Sworn members shall continually assess the objective reasonableness of using the CEW as well as the subject’s submission/compliance and breathing capability before applying additional cycles of the CEW.

“Drive Stun” Mode- Using the CEW in “drive stun” mode involves pressing the device against an appropriate area, without the cartridge. Using the CEW in “drive stun” mode only achieves pain compliance and does not achieve Neuromuscular Incapacitation (NMI). Therefore, the “drive stun” mode shall only be used as a secondary option unless the officer can clearly articulate the circumstances justifying the “drive stun” as the primary option. Acceptable “drive stun” uses, as a primary option include: a. Fighting with a suspect; b. Situations where the probes are likely to impact innocent by-standers or other sworn members if the cartridge is utilized; and/or, c. In cases where an officer may not be able to achieve an effective probe-spread.

Page 11 of 20

MOUNT DORA POLICE DEPARTMENT General Order - 401 Response to Resistance

Subsequent to the deployment of a CEW, the following actions shall occur: The CEW probes shall be removed at the earliest opportunity in accordance with Department approved training;

CEW probes that have struck the face, throat, groin, genitalia, female breast, or male nipple area shall only be removed by properly trained medical personnel which shall necessitate a transport to a medical facility; and,

The discharged air cartridge, at least one AFID (if possible), the probes and wires shall be submitted into evidence. Removed probes shall be treated as biohazards and sworn members shall follow established packaging procedures for biohazards when submitting the probes into evidence.

The supervisor shall notify the CEW Instructor within three (3) business days, excluding holidays and weekends, and make arrangements to download the CEW data. Only qualified personnel shall download the information from the data port.

Sworn members are not permitted to make changes, alterations, or substitutions to the CEW. Any repair to the CEW shall be performed by an authorized vendor. Sworn members must immediately notify their supervisor of any malfunctioning CEW. Supervisors shall check the operation of the CEW and determine if it is functioning properly or needs to be removed from service.

401.14 Expandable Baton (ASP): The use of the Department issued expandable baton as an impact weapon constitutes a use of less-lethal force. Officers in uniform shall carry the expandable baton on their duty belt. Prior to the use of the baton, if tactically feasible, a warning and chance to comply shall be given to the subject. When utilizing the expandable baton, all strikes shall be targeted depending on the resistance exhibited by the subject. Medical assistance shall be summoned or any person affected by an expandable baton.

401.15 Weapons or Maneuvers of Opportunity: Nothing in this General Order shall prevent an officer from utilizing any maneuver or readily available object as a defensive/offensive weapon in circumstances or situations where the actions of a subject could result in injury or death.

401.16 Post Incident Actions Required: As soon as the scene is secure and it is safe to do so, sworn members shall notify the Communications Unit when they respond to resistance using tactics higher than pain compliance. Communications Unit shall document the time of the notification in the CAD call narrative and dispatch the supervisor to the scene. Sworn members shall check for injuries and promptly seek medical assistance for subjects who require or request treatment.

When an officer indicates a response to resistance has occurred, a supervisor shall respond to the scene and confirm appropriate follow-up procedures are initiated. The supervisor shall review the facts and circumstances surrounding the response to resistance and completes the Response to Resistance Form in order to make a recommendation to the chain of command, regarding conformance with policy.

Any sworn members involved in a response to resistance resulting in death or serious bodily injury shall be placed on Administrative Leave without loss of pay or benefits until a preliminary review can be conducted by the Florida Department of Law Enforcement.

401.17 Reporting Requirements: Sworn members who are involved in a response to resistance incident shall report the resistance to the on-duty supervisor and complete a police incident report or supplement

Page 12 of 20

MOUNT DORA POLICE DEPARTMENT General Order - 401 Response to Resistance report prior to the end of their shift (unless the incident is being investigated by FDLE) when it involves the following: a. OC spray has been deployed; b. Less-lethal weapons have been discharged; c. An expandable baton has been used as an impact weapon; d. A CEW has been deployed; e. Discharge of firearm, for other than training or recreational purposes; f. A canine apprehension has occurred; g. A hard, empty hand tactic was utilized; and/or, h. There are injuries or a complaint of injury.

If an officer becomes aware of a response to resistance incident that was not reported, they have a duty to promptly notify their Bureau Commander via the chain of command or make direct contact with the Professional Standards Investigator.

Following a deployment of a CEW, sworn members shall record the serial number of a CEW and the discharged cartridge in the police incident report. The CEW Instructor shall download the CEW Deployment Report.

When a subject is displaying resistance and an officer removes the CEW or firearm from the holster, and by its mere presence achieves compliance from a subject without deployment, the supervisor is not required to complete the Response to Resistance form report, however; the officer shall document the compliance in the police incident report or supplemental report.

A police incident report shall be completed to document all unintentional discharges of lethal or less-lethal weapons. Any unexplained activations or unintentional discharges of lethal or less-lethal weapons shall require an investigation by the officer’s supervisor, with a written report forwarded to the Bureau Commander.

If the response to resistance involves an Officer Involved Shooting or the officer’s actions are otherwise being investigated by FDLE, the officer(s) who are the subject of the inquiry will not be required to provide any written statement. The FDLE investigation will be in lieu of these requirements.

Sergeant/First Line Supervisor Responsibilities: A sergeant or first line supervisor not involved in the incident shall respond to scene and conduct a preliminary investigation for each incident where: a. OC spray has been deployed; b. Less-lethal weapons have been discharged; c. An expandable baton has been used as an impact weapon; d. A CEW has been deployed; e. Discharge of firearm, for other than training or recreational purposes; f. A canine apprehension has occurred; g. A hard, empty hand tactic was utilized; and/or, h. There are injuries or a complaint of injury.

Supervisors shall check for injuries and promptly seek medical assistance for subjects who require or request treatment. Also photograph the subject if possible weather or not injuries are visible.

Sergeants and first line supervisors not involved in the incident shall also complete an initial investigation to include:

Page 13 of 20

MOUNT DORA POLICE DEPARTMENT General Order - 401 Response to Resistance

a. Interview involved officer (If deadly force investigation, only public safety questions should be asked -See attached Appendix 1); b. Interview suspect; c. Interview witnesses; d. Confirm any video evidence is obtained; e. Document CEW serial numbers and cartridge numbers if a CEW was deployed; f. Review CEW data when obtained; g. Confirm photographs are taken, in addition to the body camera, to include: 1. The overall appearance and condition of the subject (even if no reported or complained of injury, overall photographs shall be taken); 2. Any actual injury or the location of a reported injury regardless if the injury is visible at the time; 3. The contact area of less-lethal ammunition; 4. The strike areas if an expandable baton was used; and/or, 5. The CEW probe penetrations, contact sites and any secondary injuries.

During a special event/detail, the highest-ranking/senior supervisor shall conduct the Response to Resistances investigation and complete the Response to Resistance form. If an event/detail has no supervisor assigned, the response to resistance investigation and the report shall be completed by the on- duty supervisor. In both incidents the on-duty commander shall be notified.

A Response to Resistance form shall be completed by the supervisor for each reported incident.

A Response to Resistance form shall not be required for testing, training, malfunctions or unintentional discharges. A Response to Resistance form is not required when humanely euthanizing an animal.

Generally, all Response to Resistance form shall be completed prior to the conclusion of the supervisor’s tour of duty. Exceptions may be granted for extenuating circumstances by a Captain or higher authority. Each supervisor shall review the incident and provide a written explanation on the Response to Resistance form whether the response to resistance was appropriate, except incidents resulting in FDLE investigations. If a supervisor identifies a training concern or a policy consideration, the supervisor shall submit a memorandum to the Deputy Chief via the chain of command to address the identified issue.

If a response to resistance incident becomes a matter of media interest, the supervisor shall promptly notify their Lieutenant or above. The Response to Resistance form and all related documents shall be forwarded to the Patrol Lieutenant.

Patrol Lieutenant Responsibilities: The Patrol Lieutenant shall review the police incident report and Response to Resistance form to confirm the response to resistance was appropriate and consistent with Department policy and training. They shall identify any trends and document training issues and forward all documentation to the sworn member’s Captain.

Captains Responsibilities: Review the police incident report and Defensive Tactics forms to confirm the response to resistance was consistent with department policy and shall make a determination regarding whether the tactic was appropriate. Afterward, they shall forward all documentation to the Deputy Chief for review.

Deputy Chief Responsibilities: The Deputy Chief shall review the police incident response to resistance report to confirm the use was consistent with department policy and shall make a determination regarding whether the use was appropriate. Afterward, the Deputy Chief shall forward all documentation to Chief of

Page 14 of 20

MOUNT DORA POLICE DEPARTMENT General Order - 401 Response to Resistance

Police for review.

Chief of Police Responsibilities: The Chief shall review the police incident response to resistance report to confirm the use was consistent with department policy and shall make a determination regarding whether the use was appropriate. Afterward, the Chief shall forward to the Internal Affairs for retention in accordance with the Florida records retention schedule.

401.18 Annual Administrative Review and Analysis: The Professional Standard Investigator shall conduct an annual administrative review and analysis of the Response to Resistance forms to include: a. Discharges of a firearm, other than training or recreational purposes; b. Application of force through the use of lethal or less-lethal weapons; and, c. Application of weaponless physical force. This report shall be submitted to the Chief of Police for review and appropriate follow-up actions.

401.19 Inventory and Inspections: First line supervisor shall conduct an annual inspection of weapons as defined in General Order 213.

All weapons shall be inspected and inventoried annually by the Armorer. The inspection shall be documented utilizing the Annual Weapons Inspection Form to confirm they are maintained in a clean and operational condition. These inspections shall also confirm that expiration dates are not exceeded on any of the weapons. Weapons Inspection form shall be retained by Armory in the agency approved document management program. The Armorer shall provide a report to the Fiscal Specialist annual of the inventory.

401.20 Training: All sworn members shall receive training annually, on this department policy and related legal updates.

All sworn members authorized to carry weapons shall receive annual in-service training to include: a. Demonstration of proficiency with firearms they are authorized to carry; b. CEW training; and, c. Less-lethal weapon training. In addition, training shall be provided on a regular and periodic basis and designed to a. Provide techniques on de-escalation; b. Simulate actual shooting situations and conditions; and c. Enhance officer’s discretion and judgment in using less lethal and deadly force in accordance with policy.

All authorized sworn members are required to qualify with all department-issued/personally owned department approved firearm and ammunition prior to carrying or use, as well as annual proficiency as required by the Department or other authority.

Sworn members should be allowed no more than two (2) attempts to qualify on the same day unless circumstances dictate otherwise as decided by the senior firearms instructor present. If an officer fails to qualify with their Department-issued primary firearm, the officer should be directed by the firearms instructor present, to report to their Captain (or superior in the event the officer is at the rank of Captain or above) immediately. If failure to qualify is with a secondary weapon (long gun), the firearm will be turned in to the firearms instructor, but the officer may continue to work in an authorized capacity.

The Patrol Lieutenant or designee should take custody of the officer’s primary firearm and relieve the officer from all enforcement-related duty, if appropriate. The Patrol Lieutenant or designee should inform

Page 15 of 20

MOUNT DORA POLICE DEPARTMENT General Order - 401 Response to Resistance the officer that they are not authorized to carry a firearm on or off duty until they qualify successfully.

If an officer fails to qualify with a personally owned department-authorized firearm, the firearms instructor present should direct the officer to notify their Captain (or superior in the event the officer is at the rank of Captain or above) immediately.

The Patrol Lieutenant or designee will immediately notify the officer they are not permitted to carry, under the authorization of the agency as a law enforcement officer, on-duty or off-duty the personally owned firearm until they successfully complete the department qualification. This order will be documented in a memorandum directed to the Deputy Chief by the Patrol Lieutenant.

The Patrol Lieutenant or designee shall notify the sworn member’s Captain in writing of sworn members under their command who fail to achieve a qualifying score after the second attempt at qualification. Remedial firearms instruction shall be provided to sworn members, who through in-service firearms training performance fail to successfully complete any student performance objectives as outlined in lesson plans. Firearms instructors shall document and address firearms performance deficiencies during any agency firearms training.

The Patrol Lieutenant or designee should consult with and coordinate with the officer’s Captain. The Patrol Lieutenant, Armorer and Firearm Instructure should develop a remedial training plan that will commence as soon as possible. The officer should be scheduled for remedial firearms training. If the remedial training was a result of the qualification process, the officer will then be given three (3) attempts to qualify. The officer must achieve two (2) consecutive passing scores. The officer will have an appropriate amount of time to achieve qualification. If the officer fails to qualify after remedial training, the firearms instructor present shall notify the Deputy Chief via chain of command. The Deputy Chief may choose to direct an additional remedial training period using various firearms instructors or continue the disciplinary action. Failure to qualify with any Department-issued firearm, could result in disciplinary action up to and including termination. Once the officer qualifies with his/her Department-issued primary firearm they should be placed on full-duty status. For those sworn members who qualify with his/her personally owned department-authorized firearms, they will be notified in writing of their approval to once again carry the firearm with agency authorization.

401.21 Records Retention Procedure: Response to Resistance Report shall be stored in the Professional Standards Section. When the RTR report has met the retention guidelines specified in the State Library and Archives of Florida, General Records Schedule GS2 for Law Enforcement, such records may be destroyed. As per GS2 Physical Force Records, Item #77 RTR reports have a retention of 4 anniversary years after the incident; exemptions to this rule is if the response to resistance results in an internal investigation, please refer to GS2 for retention of the document for this type of situation. The Professional Standards Investigator will be responsible for submitting the appropriate request for destruction to the Records Management Liaison Officer for review, approval, and witness of the document(s) to be destroyed.

Brett Meade Interim Chief of Police

Page 16 of 20

MOUNT DORA POLICE DEPARTMENT General Order - 401 Response to Resistance

Appendix 1 THE RESPONSE TO RESISTANCE GUIDELINES SUSPECT'S LEVEL OF RESISTANCE MEMBER'S LEVEL OF CONTROL

PRESENCE MEMBER'S PRESENCE The subject is on the scene in attendance of suspicious - Identification of authority activity. VERBAL RESISTANCE VERBAL DIRECTIONS The subject verbally refuses to comply with an officer’s - Notification of arrest requests or attempts to control the situation. The - Commands of direction subject threatens the officer with further resistance or the subject does not respond to the officer. PASSIVE PHYSICAL RESISTANCE SOFT CONTROL The subject physically refuses to comply or respond. Techniques that have a minimum probability He does not attempt to defeat the actions of the police of injury: officer but forces the police officer to employ physical - Pressure points maneuvers to establish control. - Wrist locks - Arm bars - Pain compliance holds - Chemical agents ACTIVE PHYSICAL RESISTANCE HARD CONTROL The subject makes physically evasive movements to Techniques that have a higher probability of defeat a police officer’s attempt at control. This may be injury: in the form of bracing or tensing, attempting to - Forearm strikes push/pull away or not allowing the police officer to get - Knee strikes close to him. - Open or closed hand strikes - Expandable Baton (ASP) - Kicks to legs (Hard control techniques shall not target above the shoulders on the spine or on the solar plexus.) - Approved takedowns - Taser (or other ECD’s) AGGRESSIVE PHYSICAL RESISTANCE INTENSIFIED TECHNIQUES The subject makes overt, hostile, attacking movements - Those techniques necessary to overcome the force of the that may cause injury, but are not likely to cause death suspect short of deadly force, including the use of less- or great bodily harm to the police officer or others to lethal weapons such as a Taser. include the subject causing the threat. AGGRAVATED PHYSICAL AGGRESSION DEADLY FORCE The subject makes overt, hostile, attacking movements - Use of deadly force is necessary. Member must react with or without a weapon with the intent and apparent immediately to protect human life from death or great ability to cause death or great bodily harm to the police bodily harm. officer or others to include the subject causing the threat.

Page 17 of 20

MOUNT DORA POLICE DEPARTMENT General Order - 401 Response to Resistance

Appendix 2

ANATOMICAL ILLUSTRATION (FOR USE OF HARD CONTROL TECHNIQUES, INTENSIFIED TECHNIQUES, AND DEADLY FORCE)

STRIKES- (forearm, knee, hands/fist, or kicks) shall not be targeted above the shoulders, to the spine, groin or solar plexus unless intensified techniques or deadly force is warranted.

CEW - A person's head, neck, chest (above nipples), or groin areas shall not be targeted with probes unless intensified techniques or deadly force is warranted.

Page 18 of 20

MOUNT DORA POLICE DEPARTMENT General Order - 401 Response to Resistance

Appendix 3 Less Lethal Target Zones

Page 19 of 20

MOUNT DORA POLICE DEPARTMENT General Order - 401 Response to Resistance

Appendix 4

Supervisor’s Public Safety Questions on Scene of a Deadly Force Incident Officer, we are required by policy to complete a public safety statement. Due to the immediate need to take action, you do not have the right to wait for legal or union representation before answering these limited questions.

1. Are you injured? 2. If you know of anyone who was injured, what is his or her location? 3. If any suspects are at large, what are their descriptions? 4. What was their direction of travel? 5. How long ago did they flee? 6. For what crimes are they wanted? 7. With what weapons are they armed? 8. While not required to provide incriminating evidence against you, is there any evidence that needs to be preserved as it relates to the other subjects’ involvement? 9. Where is it located? 10. Did you observe any witness(es)? 11. Where are they?

Officer, in order to preserve the integrity of your statement, I order you not to discuss this incident with anyone, including other supervisors or staff officers. You are directed to speak to your legal representative prior to making any further statements regarding this incident. If you do not have a legal representative, you may decline to answer any questions regarding your actions asked during the criminal investigation.

Page 20 of 20