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The following three factors are to be used to determine if the response level to resistance is objectively reasonable:
- How serious is the suspected offense?
- Is there a physical threat to the officer or anyone else?
- Is the subject actively resisting or attempting to evade arrest by flight?
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Members are justified in their response to resistance
If that response is objectively reasonable to affect the lawful arrest or to defend the member or other persons from bodily harm
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Failure to meet the burden of justification may result in
- disciplinary action
- termination of employment and/or
- criminal charges-
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A person who the officer has probable cause to believe has committed, oris committing a crime that is punishable under Florida State law by death or imprisonment in excess of one year in a state penitentiary.
FELON
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What are the Forcible Felony (13) classifications:
- treason
- murder
- manslaughter
- sexual battery
- car-jacking
- home-invasion
- robbery
- burglary
- arson
- kidnapping
- aggravated assault, battery,stalking
- aircraft piracy
- unlawful throwing, placing or discharging of a destructive deviceor bomb
- and any other felony which involves the use or threat of physical force or violence against an individual
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The subject having the means to carry out his or her intent to cause death or great bodily harm
Ability
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Opportunity
The subject is capable of carrying out an intention to cause death or great bodily harm.
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A reasonably perceived, imminent threat to an officer or another personbased on the subject’s actions behaviors, words or other indicators. It is aperception derived from the totality of the circumstances
Intent
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Objective Reasonableness
The process for evaluating the appropriateness of anofficer’s response to a subject’s resistance
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Circumstances within one’s own knowledge and experience thatis rational, trustworthy and supported by articulated facts to lead a responsible andprudent person to conclude that the information is true
Probable Cause
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The Fort Lauderdale Police Department places a greater value on?
The preservation of life than on the protection of property
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The use of deadly force by the officers of The Fort Lauderdale Police dept. must balance
the safety of the community and its police with the constitutional rights of the individual.
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What are the three criteria for making a decision to use deadly force
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Deadly Force is prohibited when?
- When there is substantial risk to the safety of innocent bystanders who would be jeopardized by the officer's actions
- Deadly force shall not be used against misdemeanants and traffic violators.
- Warning shots are prohibited
- Lateral Vascular Neck Restraint (LVNR), (sleeper chokehold)is prohibited except in cases where it is reasonably necessary to prevent death or great bodily harm.
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Officers shall not discharge their firearm or any other weapon at or from a moving vehicle or vessel unless?
- Needed to prevent death or great bodily harm to an officer or another person
- Needed to apprehend a person who just committed a felony resulting in death or great bodily harm
- Any deviation from this policy shall place a burden of justification on the member involved.
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