Effective Date: General Order Number:

11/01/2014 6-02
Subject:
USE OF FORCE
Amends / Supersedes: Review Required:
6-02, 01/06/2009 ANNUALLY
VLEPSC Standards:

USE OF FORCE

______________________________________________________________________________

NOTE: This order is for internal use only and does not enlarge an officer's civil or criminal
liability in any way. It should not be construed as the creation of a higher standard of safety or
care in an evidentiary sense, with respect to third-party claims. Violations of this directive, if
proven, can only form the basis of a complaint by this department, and then only in a non-
judicial setting.
______________________________________________________________________________

I. PUPOSE

The purpose of this directive is to establish guidelines concerning the authorization,

implementation, investigation and documentation of the use of force by officers of the
Bristol Police Department.

II. POLICY

It shall be the policy of the Bristol Police Department that officers will use only that force
reasonable and necessary to protect life and affect lawful objectives.

III. PROCEDURE

A. General

1. For the purposes of this directive, use of force will encompass both deadly
and non-deadly force, utilizing the appropriate level of escalation (use of
force continuum) as described below. However, nothing in this general

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order shall require an officer to use force in the progressive order or steps
shown. Officers may resort to more severe methods of force to overcome
either increasing resistance or an increasingly dangerous threat to public
safety as necessary. Officers must understand how to recognize increasing
or decreasing levels of threat and respond appropriately. The objective of
the use of any force is to overcome the suspect's resistance to an officer's
lawful purpose. Officers shall avoid unnecessary or excessive applications
of force.

2. Levels of Escalation (Use of Force Continuum)

a. Presence

b. Verbalization

c. Physical Force

d. Chemical Spray and/or Electronic Control Devices (ECD)

e. Canine

f. Baton (Impact Weapons)

g. Other weapons

h. Deadly Force

3. For the purposes of this directive, the use of tire deflation devices will be
considered a use of force outside the scope of the use of force continuum
listed in section III, A, 1 (see III, H, 1-3 below).

4. For the purposes of this directive, the following definitions will apply:

a. Deadly force - force intended to, or likely to, cause death or serious
physical injury.

b. Non-deadly force - force not intended to, or likely to, cause death
or serious physical injury.

c. Reasonable belief -- when facts or circumstances the officer

knows, or should know, are such to cause an ordinary and prudent
person to act or think in a similar way under similar circumstances.

d. Serious physical injury -- a bodily injury that:

1. Creates a substantial risk of death, or

2. Causes serious, permanent disfigurement, or

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3. Results in long-term loss or impairment of any bodily
member or organ.

e. Physical Force -- bodily force exceeding the normal force required

to take a person into custody:

1. Any combination of strength, leverage, takedowns, control

holds, or come-alongs used to gain control of an
uncooperative person.

2. The use of hands, fists, feet, knees, and so on in striking a

person.

5. An officer may use deadly force only when the officer reasonably believes
that the action is:

a. In defense of human life, including the officer's life, or

b. In defense of any person in immediate danger of serious physical

injury, or

c. In the apprehension of a fleeing felon, when:

1. The officer has probable cause to believe that the suspect

has committed a felony and poses a significant immediate
threat of serious physical injury or death to the officer or to
other persons, and

2. The officer has identified himself as a police officer, and

given notice of his intention to arrest (time and
circumstances permitting), and

3. All other reasonable means of apprehension have been

exhausted before deadly force is used.

6. Regarding use of non-deadly force, an officer may employ any level of

force reasonable and necessary in order to:

a. Defend himself or another person, or

b. Subdue a person resisting arrest, or

c. Prevent the escape from custody.

7. An officer will notify his immediate supervisor as soon as practical after

an incident involving the use of force.

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8. Should medical attention be required by any person involved, the assigned
officer will be responsible for notifying proper emergency medical
personnel.

B. Presence and Verbalization

1. Arranged in a hierarchical manner, an officer’s presence and verbalization

are the first levels in the use of force continuum.

2. Presence – The officer is there, on the scene, in attendance. This includes

proper voice and/or other identification, body language and awareness by
the subject that he/she is dealing with a police officer.

3. Interview, Dialogue, and Verbal Direction – Includes the officer adopting

a stance outside of his/her danger zone that provides appropriate
protection and forms the basis of an effective physical response if
attacked. In talking with the subject, the following occurs:

a. A two-way, controlled, non-emotional communication between the

officer and subject aimed at problem identification and resolution.

b. An officer tells or commands a subject to engage in, or refrain

from, a specific action or non-action to gain compliance from and
control of the subject.

4. In cases where verbalization does not prove effective, officers should

utilize other use of force options as reasonable and necessary for restraint
or control.

C. Use of Physical Force

1. Officers will use only such force as is reasonable and necessary to effect
lawful objectives.

2. Physical force may be used as a means of:

a. Physical restraint or control.

b. Subduing a person resisting arrest.

c. Defense of any person.

d. Moving, removing or arresting any person who is obstructing a

lawful police action in such a manner that the police action cannot
be accomplished.

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3. Once a person is restrained or under control, the use of physical force will
be restricted to that force reasonable and necessary to retain control. Neck
restraints or similar techniques are prohibited.

4. Individuals that may be using alcohol/drugs or have become physically

exhausted and have an increased need for oxygen will not be left lying
face down while handcuffed, due to the possibility of asphyxiation.

5. Physical force will not be used for the following:

a. As a threat to make a person comply with an officer's verbal order

when no physical violence is imminent.

b. To illicit information from a person.

c. As retaliation for physical or verbal abuse.

D. Use of Chemical Spray and/or Electronic Control Devices (ECD)

1. Chemical spray (OC, Pepper Mace, etc.) and/or Electronic Control

Devices (i.e., Tasers, Stun Guns, Stinger, etc.) may be used as a means of:

a. Physical restraint or control.

b. Defense of any person.

2. Once a person is effectively restrained or under control, the use of

chemical spray and/or Electronic Control Devices is no longer justified.

3. In cases where chemical spray or Electronic Control Devices does not

prove effective, officers should utilize other use of force options as
reasonable and necessary for restraint or control.

4. Chemical spray and Electronic Control Devices will not be used for the
following:

a. As a threat to make a person comply with an officer's verbal order

when no physical violence is imminent.

b. To elicit information from a person.

c. As retaliation for verbal or physical abuse.

5. A person who has been sprayed with a chemical spray:

a. Will be allowed to flush the affected area with water as soon as

practical after the incident, and

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b. Will be informed by the officer involved that medical attention is
available, at his own expense, if he so desires.

6. A person who has had a Electronic Control Devices applied to them will
be cared for following the steps outlined in General Order 6-03, Use of
Electronic Control Devices.

7. Chemical sprays and Electronic Control Devices are placed at the same
level in the use of force continuum. Nothing in this general order shall be
construed as to require either chemical sprays or the Electronic Control
Device to be applied before or instead of the other.

8. General Order 6-03, Use of Electronic Control Devices, describes the

application, care and maintenance of the device.

E. Use of Police Canines

1. Use of police canines will be in accordance with guidelines set forth in

General Order 7-05: Use of Canine Units.
2. Police canines may be used as a means of:

a. Physical restraint and control.

b. Apprehending or subduing a person resisting arrest.

c. Defense of any person. Canines will automatically protect their

handler and surrounding officers from bodily injury. This
normally happens before an officer could respond with chemical
agents or a baton defense.

d. Crowd control.

e. Moving, removing or arresting any person who is obstructing a

lawful police action in such a manner that the police action cannot
be accomplished.

3. Police canines used by the BVPD will be trained to utilize a reasonable

level of force in apprehending and retaining control of persons.

4. Officers will be mindful that any use of police canines in which the canine
is not under the handler’s physical or voice control may be considered a
use of potentially deadly force.

5. Police canines will not be used for the following:

a. As a threat to make a person comply with an officer's verbal order

when no physical violence is imminent.

b. To elicit information from a person.

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c. As retaliation for physical or verbal abuse.

F. Use of Police Baton (Impact Weapons)

1. The issued baton is authorized as a means of:

a. Physical restraint or control.

b. Defense of any person.

2. All officers will have the department issued police baton accessible while
on regular duty assignment.

a. Uniformed officers will be required to have the baton accessible

when answering complaints and/or performing enforcement
activities.

b. All other officers will be required to have the baton accessible at

the Police Department.

c. Uniformed officers involved in approved off-duty employment

will have the baton accessible when performing enforcement
activities.

3. Officers should avoid striking any person in or about the head with the
baton, except as reasonable and necessary for defense of any person.

4. The baton will not be used for the following:

a. The intentional striking of any person who is under control by an

officer.

b. As retaliation for physical or verbal abuse.

G. Use of Firearms

1. For the purposes of this directive, firearms shall refer only to those
firearms:

a. Issued or authorized for carry by the department.

b. Used in law enforcement or duty related situations.

2. Officers will be authorized to draw and/or display firearms when in fear

for their own safety or the safety of other persons (e.g. building searches,
confronting persons believed to be armed or dangerous, etc.).

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3. Officers will be authorized to discharge a firearm for the following
purposes:

a. As outlined in Section III, A, 4.

b. To kill a seriously injured animal, when:

1. No other disposition is practical, and

2. The officer deems it appropriate to relieve the animal from

further suffering (authorization should be obtained from a
supervisor if time permits).

c. To kill an animal that poses a danger to the public.

d. Department training and qualification.

e. Department approved test firing.

4. Officers are prohibited from discharging a firearm for the purpose of a

warning shot.

5. Discharging a firearm at or from a moving vehicle is authorized only

when:

a. Any occupant of the suspect vehicle is using, or threatening to use,

deadly force by a means other than the vehicle, or

b. A vehicle is being operated in a manner indicating deliberate intent

to strike an officer or another person, and

c. All other reasonable means of defense have been exhausted or are

not available (including moving out of the path of the vehicle), and

d. The safety of innocent persons will not be unduly jeopardized by

the officer's action.

6. Officers faced with the possible necessity of discharging a firearm should

remain cognizant of the following:

a. The direction in which the firearm is to be discharged.

b. That the target is in plain view and that the target is identified.

c. The danger inherent in discharging a firearm while running or

moving, due to the possibility of unintended persons or property
being struck by projectiles.

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7. Reporting the discharge of firearms:

a. While on duty, an officer will report the discharge of any firearm,

for other than training or recreational purposes, (this is not limited
to firearms as defined in section III, E-1) under his control to his
immediate supervisor.

1. Such notification will be made:

a. As soon as practical, and

b. Prior to the end of his duty tour.

2. The immediate supervisor will complete the Use of Force

Form in cases where the involved officer is incapacitated.

b. An Incident Report will be required in discharges related to the

killing of a wild or domesticated animal.

c. While off duty, an officer will report the law enforcement related
discharge of any firearm, for other than training or recreational
purposes, (this is not limited to firearms as defined in section III,
E-1) under his control to the on-duty shift supervisor.

1. Verbal notification will be made as soon as practical after

the incident.

2. A Use of Force Form will be completed and submitted to

the Chief of Police as soon as practical.

3. The on duty shift supervisor will complete the Use of Force

Form in cases where the involved officer is incapacitated.

d. While off duty, an officer will report the accidental discharge of a

firearm authorized for carry by the department to the on-duty shift
supervisor.

1. Verbal notification will be made as soon as practical after

the incident.

2. It will be at the discretion of the division commander as to

whether or not a Use of Force Form will be completed.

H. Use of Other Weapons

1. Chemical agents, such as CN gas, CS gas, and chemical smoke (whether

dispersed by canister or fogger) may be used by an officer whether or not
the officer affects an arrest for purposes of:
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a. Crowd control.

b. Concealment.

c. The evacuation of a barricaded subject.

2. Flash/sound devices may be used by an officer, whether or not the officer

affects an arrest, for creating a diversion that is intended to conceal a
specific tactical maneuver from the suspect.

3. Specialty Impact Munitions may be used by an officer, whether or not the

officer affects an arrest, in order to distract or disarm persons so that they
may be taken into custody.

4. Each use of such weapons must be authorized by the Incident

Commander.

5. Only those officers who have been trained in the proper use of such
weapons will be authorized by the Incident Commander to use them.

5. The use by an officer of any item not specifically mentioned as a weapon

in this directive, including an officer’s metal-type flashlight, will be for
defensive purposes only.

I. Use of Tire Deflation Devices

1. Use of tire deflation devices will be in accordance with General Order 7-

02: Vehicle Pursuit.

3. Tire deflation devices may be used in a pursuit situation when the

pursuing officer or supervisor has reason to believe that the continued
movement of the fleeing vehicle will place the driver and/or others in
imminent danger of serious bodily harm or death.

J. Use of Force Resulting in Serious Injury or Death

1. When, on or off duty, an officer’s use of force (as defined within this
directive) either results in, or is alleged to have resulted in, death or
serious physical injury to a person, that officer will be responsible for:

a. Immediately notifying:

1. If on duty, his immediate supervisor.

2. If off duty, the on-duty shift supervisor.

b. Completing and submitting, as soon as possible, a Use of Force

forms to document the incident.
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2. An investigation will be initiated immediately, according to established
department procedure as outlined in GO 16-01: Administrative
Investigations.

3. Pending conclusion of related investigation(s), any employee whose

actions or use of force resulted in death or serious physical injury will be
relieved of line duty through either:

a. Temporary reassignment.

b. Administrative leave with pay.

K. Documentation

1. A Use of Force Form (form BVPD-0004) will be completed by the officer

to document:

a. Use of chemical spray.

b. Use of physical force.

c. Use of baton.

d. Use of police canine, in accordance with GO 7-05.

e. Certain discharges of firearms, (see section III, G, 7)

f. Use of other weapons, i.e. flash/sound devices

g. Any use of force that either results in, or is alleged to have resulted
in, death or serious physical injury to a person.

2. The Use of Force Form will be completed as a factual account of the use
of force situation: the officer will not include information derived from
either personal opinion or speculation.

3. The supervisor receiving a Use of Force Form will:

a. Verify the information related on the Use of Force Form.

b. Factually complete the Supervisor Review section of the Use of

Force Form with a summary of the facts of the incident.

c. Sign, date and submit the completed Use of Force Form before
ending tour of duty.

1. The form will be submitted through the chain of command

to the Chief of Police.
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2. Each supervisory level will:

a. Review the form for completeness and policy

compliance for the act reported.

b. Sign and date the form on approval.

c. Submit the form to the next level in the chain of

command.

4. Supplementary and follow-up information to a Use of Force Form will be:

a. Completed in Memorandum format.

b. Attached to the Use of Force Form.

5. Police incident reports related to the use of force will submitted through
the normal report review process.

a. Such reports should not include detailed information concerning an

officer's use of force.

b. Copies of such reports will be attached to the Use of Force Form as

supplemental information. The original incident report will be
submitted through the normal report review process.

L. Mandatory Counseling

1. Every officer who is directly involved in a use of force incident resulting

in death or serious physical injury to a person will report for counseling to
a mental health professional selected by the department.

a. Such counseling is intended to assist in the prevention of any

adverse emotional effect resulting from the officer's experience.

b. Such counseling is made mandatory to ensure that the officer

receives some form of timely assistance.

2. The number of mandatory sessions attended by an officer will be decided

by the Chief of Police, in conjunction with the recommendation of the
assigned mental health professional.

a. Mandatory session(s) will be scheduled during the officer's duty

time, if practical; otherwise the department will pay overtime.

b. Payment for all mandatory sessions will be made by the

department.

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3. The affected officer's division commander will be responsible for:

a. Scheduling a timely appointment with the approved mental health

professional.

b. Notifying the officer in writing of the scheduled appointment and

the mental health professional selected.

4. Any non-mandatory sessions arranged by an officer will be the financial

responsibility of that officer.

M. Analysis and Training

1. At least annually, all officers will receive department-approved training on

use of force.

2. A Designated Captain will be responsible for conducting an annual

analysis of use of force incidents occurring within each calendar year.

a. This analysis will be limited to use of force incidents documented

by means of a Use of Force form (see section III, K, 1).
b. This analysis will serve, as a means of identifying needs for
supplementary training, equipment or procedural changes.

c. The Chief of Police will be notified of the annual analysis findings.

BY ORDER OF

_________
JOHN S. AUSTIN, CHIEF OF POLICE

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