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Friday, March 6, 2009

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LCSO Use of Force.rtf




LEON
COUNTY SHERIFF'S OFFICE GENERAL ORDER



TITLE: USE
OF FORCE


GENERAL
ORDER:
1.5



EFFECTIVE: 7
January
1997



REVISED: 24
June 2905



RESCINDS: 4
January 2005



PAGES: 16



A. PURPOSE:
The purpose of this order is to establish guidelines and procedures
for the use of force by Sheriffs
Office members.



B. SCOPE:
This order shall apply lo all Sheriff s Office members.



C. POLICY:
It shall be the policy of the Leon County Sheriffs Office that all
members acting within their official
capacity may use only the
amounc of force reasonably necessary to affect lawful objectives and
shall conform to
the provisions of Florida Statutes, as well as
this General Order. [CFA 4.01] Those facts known or perceived by
a
member at the time force is utilized are justification for using
force. All members shall be issued copies of
and instructed in
the agency's use of force policy before being authorized to carry a
weapon. [CFA 4.02]
Members shall not be allowed to carry or use
agency authorized weapons (lethal or less-lethal), on or off
duty,
until they have been properly instructed and have
demonstrated proficiency with the weapon(s). [CFA 4.05BJ



D. PROCEDURE:
1.
Use of Force:



a. Authority:
Agency members derive their authority to use force. lethal and less
lethal, in the lawful
performance of their duties^ from Florida
Statutes, chapter 776. [CFA 4.05A]



b. Legal
Disclaimer: This directive is for agency use only and does not apply
in any criminal or civil
proceedings. The Sheriffs Office policy
should not be construed as a creation of higher legal standard
of
safety or care in an evidentiary sense with respect to third-party
claims. Violations of this directive
will only form the basis of
agency administrative sanctions. Violations of law will form the
basis for
criminal and civil sanctions in a recognized judicial
setting.



c. Requirements:
All sworn agency members must successfully complete the appropriate
minimum
state of Florida certification program, as stipulated in
F.S. 943, prior to an assignment in any capacity
in which they are
allowed lo carry a firearm or are placed in any position to make an
arrest [CFA 4.03]



d. Approval:
Only approved firearms, ammunition and less lethal weapons may be
utilized by agency
members in the performance of duty, while
either on or off duty. [CFA 4.06] [CFA 4.07]



1)
The process for reviewing, evaluating and recommending firearms,
ammunition and holsters for agency use is specified in G.O. 1.4
(Firearms). Less lethal weapons considered for use by the agency,
will be reviewed by the Training Section and the Training Section
supervisor will make a



1



rkwcvi on
on adm



Q'd


G.O.
1.5



recommendation
to the Sheriff. All devices described in this policy may be used only
after successful completion of a course in the proper use and
carrying of the device, as well as the deputy demonstrating
proficiency with the device. [CFA 4.07] Lethal and less lethal
weapons must "be approved for use by the Sheriff prior to carry.
[CFA 4.07A] The Training Section shall maintain a current record of
each firearm, as well as each less lethal weapon, approved by the
agency for official use. [CFA 4.06C] [CFA 4.078]



2)
Less lethal weapons shall be checked periodically by line
supervisors, as well as at training sessions, to ensure that they
function properly and that dated items are current. [CFA 4.07C]


2.
Levels of Force:



a. Non-Deadly
Force (Less Lethal): Is that level of force that is not likely to
result in or produce
serious bodily injury or death. Non-deadly
force may be used as long as it is reasonable force.



I)
Reasonable force is defined as force that a prudent and cautious
person would use if exposed to similar circumstances. It is limited
to the amount of force that is necessary to accomplish legitimate and
proper results. Unreasonable force is punitive force; force that is
used to punish rather than to achieve legitimate and proper results.



b. Deadly
Force (Lethal Force): Is that level of force that would lead a
reasonable LCSO member
objectively to conclude that its use poses
a high risk of death or serious injury to its target, regardless
of
whether or not it actually occurs.




  1. Lethal
    Force must be used only as a last resort or in emergency situations
    where other means
    cannot be considered, consistent \vith F.S. 776
    and Sheriffs Office directives.



  2. Justification
    for using lethal force are those facts known or perceived by a
    member at the time
    lethal force is utilized.



  3. A
    deputy may use lethal force to protect himself/herself or others
    from what he/she reasonably
    believes to be an immediate threat of
    death or serious bodily harm.



  4. A
    deputy may use lethal force to effect capture or prevent escape if
    he/she reasonably believes that
    the suspect has committed a
    felony involving the use. or threatened use, of lethal force and
    he/she
    has probable cause to believe that the suspect poses a
    significant threat of death or serious physical
    injury to the
    deputy or others, and where feasible, some warning has been given.



  5. No
    distinction shall be made relative to the age of the intended target
    of lethal force. Self-defense
    and imminent threat shall be the
    only policy guidelines for employing lethal force.



  6. Members
    may not use lethal force to affect the arrest or prevent the escape
    of a misdemeanor
    offender.



  7. Members
    of the agency are not authorized to use a firearm to:




«)
Fire warning shots. When use of lethal force is warranted, members
shall fire for maximum effect. [CFA 4.04J



b)
Shoot at or from a moving vehicle, or otherwise attempt to disable an
occupied vehicle or other occupied conveyance, except in instances
that does not endanger innocent persons and are justified by
extenuating or exigent circumstances.



c. In
a majority of cases, some level of physical force will be necessary
to affect an arrest or to protect
others. That amount of physical
force may be as low as placing a hand on a subject's shoulder or arm.



G.0.1.5



and
directing that subject to place his hand behind his back for
handcuffing. Depending on the levels of resistance offered, the
deputy may use techniques that may escalate to physically subduing
the subject, to techniques that influence behavior by eliciting pain
in order to apply handcuffs, using hand/leg strikes, impact weapons,
or even the use of a firearm, if the resistance offered is severe. In
all cases, Florida State Statutes indicate that only "reasonable
and necessary" force is justified.



1)
For the purposes of this policy, the Use of Force will be examined
from two perspectives; resistance and control. Both resistance and
control can be in the form of verbal directives or physical action.




  1. Resistance
    is defined as actions that are directed from the subject toward the
    deputy and is
    manifested by the subject's attempt to evade a
    deputy's attempts of control. The amount and
    type of resistance
    will vary, based on a variety of factors.



  2. Control
    is the force a deputy uses to influence or neutralize the unlawful,
    physical actions of
    a subject that the deputy is attempting to
    control and/' or place under arrest Generally, there
    are four
    times a deputy is justified in using physical control methods. They
    are:








  1. To
    stop potentially dangerous and unlawful behavior;



  2. To
    protect the deputy or another from injury or death;



  3. To
    protect people from injuring themselves; and



  4. In
    the process of effecting lawful arrest when the subject offers
    resistance.




c) Justification
of the Use of Force in the judicial system is measured by two broad
standards.
First, the deputy's use of control methods was
initiated by a subject's resistance. Second, the
level of physical
force used by the deputy was "reasonable and necessary" and
not excessive
when considering the type of resistance offered by
the subject and any variables to include,
but not be limited to:




  1. Deputy/subject
    disparities such as age. sex, strength, size, and skill level.



  2. Environmental
    conditions/totality of the circumstances, e.g. number of offenders,
    subject
    history, location, etc.




3.
Use of Force Matrix: Depending upon the level of resistance
encountered, a member may use force that escalates from verbal
commands to the use of a firearm. The Use of Force Matrix is meanc to
be used as a guideline for a deputy to select effective, reasonable
and legal force options in a verbal or physical encounter. The Use of
Force Matrix is comprised of subject resistance levels and officer
response/control levels which incorporate the following:



a.
SUBJECT RESISTANCE LEVELS:



1) Level
1 : Presence-no likelihood of physical harm:



A
subject is there, on the scene with accompanying suspicious activity.



2) Level
2 : Verbal Resistance - no likelihood of physical harm:



A
subject may verbally refuse to comply with a deputy's requests or
attempts to control the situation. The subject may threaten the
deputy with further resistance. Or the subject may not verbally
respond to the deputy.



3) Level
3 : Passive Physical Resistance - slight likelihood of physical harm:



G,O. 1.5



A
subject physically refuses to comply or respond to a deputy's
command. He/she does not make any attempt to physically defeat the
actions of The deputy, but forces the deputy to employ physical
maneuvers, and/or a chemical agent to establish control.



4) Level
4 : Active Physical Resistance - slight to moderate likelihood of
physical harm:



A
subject makes physically evasive movements to defeat a deputy's
attempt at control. This may be in the form of bracing or tensing
attempts to push/pull away or not allowing the deputy to gee close to
him/her. This action may force the deputy to employ physical
maneuvers or an electronic control device (ECD)/taser to establish
control.



5) Level
5 : Aggressive Physical Resistance - moderate likelihood of physical
harm:



A
subject makes aggressive attacking movements which may cause injury
but are not likely to cause death or great bodily harm to the deputy
or others.



6) Level
6 : Aggravated Physical Resistance -great likelihood of bodily
harm:



A
subject makes overt hostile attacking movements with or without a
weapon with the apparent ability to cause death or great bodily harm
to the deputy or others.


b.
OFFICER RESPONSE LEVELS:



I.
Level
1: Command Presence-no
potential for physical harm




  1. Presence:
    The deputy is there, on the scene, with the subject. This includes
    proper voice
    and/or other identification, body language, and
    awareness by the subject that he/she is dealing
    with a deputy.



  2. Field
    Interview Stance: The deputy adopts a stance outside of his/her
    danger zone that
    provides appropriate protection and forms the
    basis of an effective physical response if
    attacked. In such a
    stance, the firearm or strong side leg is back, the non-firearm or
    support
    side leg is forward, the feet are about shoulder width
    apart, knees slightly bent giving balance,
    control and a lower
    body center of gravity, equally distributed body weight and the
    hands are
    above the waist, guarding the upper body.




2) Level
2: Communication - no potential for physical harm:




  1. Dialogue:
    A two-way, controlled, non-emotional communication between the
    deputy and
    subject, aimed at problem identification and/or
    resolution.



  2. Verbal
    Direction: A deputy tells or commands a subject to engage in or
    refrain from a
    specific action or non-action.



  3. Touch:
    A touch used to-cornfort or console a distraught individual.
    A deputy may use a soft
    assisting touch when guiding, directing
    or obtaining the attention of a subject, or a firm,
    strong touch
    prior to escalating to a higher level offeree.




3) Level
3: Physical Control - slight potential for physical harm:




  1. Restraint
    devices: Mechanical tools used to restrict a subject's movement and
    facilitate
    searching; such as handcuffs, flex cuffs, leg irons,
    belly chains, approved nylon restraining
    devices, etc.



  2. Chemical
    Agent Individual Protection Device: Aerosol spray agent used to
    subdue a
    subject.




G.0.1.5




  1. Transporters:
    Techniques used to control and/or move a subject from point A to
    poini B
    with minimum effort by the deputy in order to gain and
    retain control over the subject.



  2. Take
    Downs: Techniques that redirect, in a controlled manner, a subject
    to the ground in
    order to limit his/her physical resistance and
    to facilitate the application of a restraint device.




c)
Pain Compliance': Techniques that force a subject to comply with
a deputy as a result of the deputy inflicting controlled pain upon
specific points in the subject's body, such as pressure point
techniques.



f)
Counter Moves: Techniques that impede a subject's movement, such
as blocking, striking, distracting, kicking, parrying, dodging,
weaving, re-directing or avoiding followed by appropriate controlling
techniques.



4)
Level 4: Intermediate Weapons - slight to moderate potential for
physical harm:



a) Slight
potential for physical harm:



(1)
ECO (Electronic Control DeviceyTaser: A non lethal device designed to
disrupt a subject's central nervous system by means af deploying
battery powered electrical energy sufficient to cause uncontrolled
muscle contractions and override an individual's voluntary motor
responses.



b) Slight
to moderate potential for physical harm:




  1. Impact
    Weapons that are primarily used to control a subject, such as an
    expandable baton
    or straight baton.



  2. Sage
    less-lethal launched weapon system.



  3. Flashlight,
    clipboard or any other item used as a weapon of opportunity.



5) Level
5: Incapacitation - moderate potential for physical harm:




  1. Excluding
    less-lethal impact projectiles and lasers, techniques that are
    intended to stun or
    render a subject temporarily unconscious or
    unable to resist. These techniques may be
    delivered with or
    without an impact weapon, such as a strike to a major nerve area.



  2. The
    use of neck restraints are prohibited, however empty hand techniques
    may be utilized in
    circumstances or situations where the actions
    of a subject constitute aggressive physical
    resistance which
    could result in great bodily harm, permanent disability,
    permanent
    disfigurement or death to the deputy or others.



6) Level
6: Deadly Force - high potential for great bodily harm or
death:




  1. Techniques
    that may result in death, great bodily injury, permanent disability
    or permanent
    disfigurement, such as impact weapon strikes to the
    head, or use of firearms as defined in F.S.
    776.06.



  2. As
    a subject increases his/her resistance level from verbal to
    physical, a deputy may have to
    increase the level of his/her
    response until the resistance ceases and the deputy is able to
    gain
    control of the subject, As soon as the point of subject
    compliance is reached, the deputy must
    de-escalate his/her
    response level to the minimum force necessary to control the
    subject.




G.0.1.5




  1. In
    properly determining the appropriate response to a subject's
    resistance, several factors must
    be evaluated by a deputy. For
    instance, an unarmed, small framed female juvenile subject
    may be
    displaying Level 5 resistance, but would probably only require a
    Level 3 response by
    the average deputy. On the other hand, a
    single deputy faced with a very large professional
    wrestler or
    football player may very well find that his/her response to even
    mild resistance
    must be escalated to a relatively high point on
    the matrix. It must be remembered that by law,
    a deputy need not
    retreat in his/her efforts to lawfully control a subject, but may
    utilize the
    amount offeree necessary to accomplish his/her task.
    This is not to say that a tactical retreat
    in the face of
    overwhelming odds may not be a wise choice.



  2. Additional
    factors that must be considered when making use of force decisions
    include:




(1) Subject
Factors:




  1. Seriousness
    of crime committed by subject.



  2. Size,
    age and weight of subject.



  3. Apparent
    physical ability of subject.



  4. Number
    of subjects present who are involved, or who may become involved.



  5. Weapons
    possessed by or available to the subject.



  6. Known
    history of violence by subject,



  7. Presence
    of innocent or potential victims in the area,
    (h) Whether the
    subject can be recaptured at a later time,
    (i) Whether evidence
    is likely to be destroyed.




(2) Deputy
Factors:




  1. SFze,
    physical ability and defensive tactics expertise of the deputy.



  2. Number
    of deputies present or available.



  3. Immediate
    reaction in the case of sudden attack.



  4. Weapons
    or restraint devices available to the deputy.



  5. Legal
    requirements.



  6. Agency
    policy.



  7. Environment.








  1. The
    above listed subject and deputy factors are not all inclusive. Any
    and all determining factors
    must be properly articulated by the
    deputy(s) employing physical force.



  2. Neck
    Restraints:




a)
An intentional physical application of pressure to the neck of a
non compliant person by choking, or using any object, such as a
strap, rope, baton, or flashlight



G.0.1.5



b) The
use of neck restraints is no! authorized. [CFA 14.11]



4. Straight
or Expandable Baton:



a. Deputies
shall be authorized 10 carry an approved expandable baton only after
successful completion
of a course of instruction provided or
approved by the agency. Uniform deputies shall carry the
issued
expandable baton when engaged in any uniform assignment.
The issued expandable baton shall be
carried and utilized only as
authorized and no changes, alterations, modifications, or
substitutions shall
be made to the expandable baton.



b. When
utilizing the expandable baton, deputies shall use only that degree
offeree which is necessary to
protect anyone from physical attack
or to overcome actual physical resistance to arrest.



c. When a
member of the agency uses a baton, a Response to Resistance Form must
be prepared and
forwarded to the Bureau Commander, along with a
copy of the Offense Report. The immediate
supervisor will
investigate each incident and ensure proper forms are submitted.



5. Use
of Chemical Agent - Individual Protection Device:



a. An
issued chemical agent, I.P.D. may be used when Level 3 or higher
resistance is encountered. The
chemical agent''; physiological
effects make its use more suitable in certain situations. Proper use
will
aid in making an arrest with minimum force.



b. Deputies
and non-sworn personnel authorized by the Sheriff shall be permitted
to carry
an approved
chemical agent IPD only after
successful completion of a course of instruction provided or
approved
by (he agency. Uniform deputies shall carry the issued
chemical agent (PD when engaged in any
uniform assignment. All
sworn personnel are encouraged to carry an approved chemical agent
while
engaged in non-uniform assignments. The issued/current
chemical agent shall be carried and/or
utilized only as issued and
authorized. No changes, alterations, modifications, or substitutions
shall be
made to the issued chemical agent canister without the
prior written approval of the deputy's Division
Commander via
memorandum through the chain of command.



c. When the
issued chemical agent has been deployed, replacement canisters shall
be obtained from
Central Supply. Personnel shall also replace
their chemical agent canisters on or before the expiration
date on
the bottom of the canister or five years after the date of
manufacture on the side of the can.
dependant upon the brand
carried. [CFA 4.07CJ


(>.
Chemical Agent I.P.D. Procedures:



a. Members
may use an approved chemical agem I.P.D. when they are required to
use physical force for
protection from assault and/or to take a
person into custody. The chemical agent I.P.D. may also be
used
against attacking dogs.



b. The
chemical agent should be used before "hands
on"
techniques or the use of impact weapons
(batons, etc.) when
possible.



c. To
prevent the hydraulic needle effect, when possible, the chemical
agent I.P.D. should not be sprayed
directly at a subject's eyes at
distances of less than 3 feet.



d. After
spraying the suspect with the chemical agent, the arresting officer
will then handcuff the
individual to minimize the threat of injury
to either the deputy or suspect. The deputy will then follow
approved
decontamination procedures.



71-H


G.0.1.5



e. Any
discharge, either intentional or accidental, will necessitate the
immediate notification of the
deputy's immediate supervisor.



f. When
a member of the agency uses a chemical agent I.P.D., either
intentionally or accidentally while
responding to a non compliant
person, he or she must prepare a Response to Resistance Form
and
forward to the Bureau Commander along with a copy of the
Offense Report. The immediate
supervisor will investigate each
incident and ensure proper forms are submitted.



Criteria
for Deploying a Taser:



a.
Sworn members may deploy an issued laser in a law enforcement role
only when:




  1. The
    member is justified in using physical force for their protection
    from an imminent physical
    threat and/or assault;



  2. The
    member Is justified in using physical force for protection of
    another from an imminent
    physical threat and/or assault;



  3. The
    member is justified in using physical force for protection of an
    individual who is making an
    imminent threat to do bodily harm to
    oneself and has the apparent ability to carry out the threat;



  4. The
    member must use physical force to prevent the imminent damage and/or
    destruction of
    Sheriff's Office property by an individual who is
    in custody;




a)
Example: Including but not limited to, situations where an
individual has been placed into Che patrol car for transport to die
jail and the individual is attempting to kick out the car windows.




  1. When
    ihe member has a criminal charge on an individual and the individual
    is in the act of fleeing
    from the member foi the purpose of
    avoiding arrest.



  2. When
    feasible, and prior to deploying the laser in any of the above
    situations, members should
    verbally issue to the individual(s) a
    clear command to comply, and inform the individual(s)
    that
    noncompliance will result in the use of the laser.



  3. An
    issued laser may be deployed when level 4 or higher resistance is
    encountered under any of the
    circumstances listed in section 7.a.
    above.




t>.
Juveniles:




  1. When
    the above criteria has been met, sworn members may deploy an issued
    laser on a juvenile,
    when it is readily apparent or known that
    the juvenile is thirteen (13) years of age or older.



  2. Sworn
    members may deploy an issued laser on a juvenile, regardless of the
    juvenile's age, when
    the juvenile is making an imminent threat to
    commit death or great bodily harm to another, and
    has the ability
    to carry out that threat



  3. Swom
    members may deploy an issued taser on a juvenile, regardless of the
    juvenile's age, when
    the juvenile is making an imminent threat to
    do bodily harm to himself/herself and has the
    apparent ability to
    carry out the threat.




c.
Correclional officers or other sworn members may deploy an issued
taser in a correctional officer role, on an inmate, in any of
the
situations described in Section 7 .a. above and in any of the
following situations:



G.0.1.5




  1. When
    an inmate refuses to obey a lawful order/command which has been
    given by a correctional
    officer, or other sworn member, and the
    inmate physically resists the officers efforts for
    compliance.



  2. When
    an inmate refuses to obey a lawful order/command which has been
    repeatedly given by a
    member within the jail or in any situation
    where an inmate is in the custody of a member and the
    inmate is
    not within the physical confines of the jail, and the member has
    told the inmate that
    noncompliance will result in the laser being
    deployed, even though the inmate is not physically
    resisting the
    officer's efforts for compliance.




a)
Example: Inmate refuses to lock down, move to another cell, etc.,
after repeated verbal commands to do so. Inmate is not fighting,
physically resisting or threatening the officer, but refuses to
comply with the order/command. The officer tells the inmate that
noncompliance behavior will result in the laser being deployed. If
the inmate continues with the noncompliance, the taser may be
deployed to maintain control and order wiihin the confines ofthejail.



3) An
issued taser may be deployed when Level 3 or higher resistance is
encountered under any of
the circumstances listed in sections 7.b.
2) above.


8.
Taser Procedures:



a. Electronic
Control Devices (ECO), to include lasers, are issued to deputies for
utilization to neutralize
potentially combative subjects, as an
alternative to physical control in arrest or custodial
situations.
The primary purpose in the decision to deploy the
taser is to prevent escalation of subject resistance or
violence
and to minimize injury to both the officers} and subject(s). The
laser shall not be
intentionally aimed at a person's head, neck
or groin, or used in a puniiive manner.



b. Prior
to carrying a taser, deputies shall successfully complete agency
approved training in the proper
use, handling and care. Training
will also include the proper removal of laser probes.




  1. Basic
    certification for the use of a laser shall consist of no less than
    the manufacturer's minimum
    recommendation.



  2. Re-certification
    training and demonstration of proficiency shall be conducted once a
    year.



  3. Training
    topics for both the basic certification and annual re-certification
    should consist of, but are
    not limited
    to, the following
    topics:








  1. Manufacturer's
    Recommendations / Maintenance



  2. Deployment/Use/Documentation




e) Response
to Resistance Matrix Levels and other Tactical Options



d) Electronic
Control Device/Taser Retention and Transition Drills



e) Scenario
Based Training
0 Medical Considerations



4)
Only current taser Certified Instructors are eligible to instruct
in the use of a taser.



c. No
changes, alterations, modifications or substitutions shall be made to
the taser. All repairs to lasers
or accessories shall be completed
by an authorized vendor.



9



G.O.
1.5



d. After
a deputy uses a laser to take a subject into custody, the deputy
shall:




  1. Handcuff
    the subject to minimize the threat of injury to either the deputy or
    the subject.



  2. Remove the
    laser prongs at the earliest opportunity.








  1. Taser
    probes that have struck the face, neck, groin or female breasts
    shall only
    be removed by
    fire/rescue or medical personnel.
    (CFA 4.09]



  2. Taser
    probes that have struck a person's body shall be considered a
    biological hazard and
    shall be handled in accordance with
    General Order 100.3 (Exposure Control Plan for
    Bloadborne
    Pathogens).



  3. Taser
    prongs removed from an individual, shall be impounded, packaged /
    labeled separately
    from other evidence/property collected and
    submitted to the Crime Scene Unit, in
    accordance with
    guidelines set forth in General Order 83.1 (Collection and
    Preservation of
    Evidence). The property receipt should reflect
    that the item has been
    impounded. It is not
    necessary for
    probes which are discharged, but do not strike anyone to be
    submitted as
    evidence. They should be disposed of in
    accordance with recommended guidelines
    established by the
    manufacturer.




3) Visually
examine the area struck to determine if an injury was sustained.




  1. A
    photograph shall be taken of all significant injuries.



  2. All
    injuries or the absence of injuries shall be noted on the Response
    to Resistance Form.



  3. All
    photographs shall be handled in accordance with General Order 83.1
    (Collection and
    Preservation of Evidence).



  4. Any
    injuries observed by the deputy will be handled in accordance with
    General Order 71.1
    (Care, Custody, Control and Transportation of
    Arrestees/Detainees) or refer to item #10
    (Medical
    Considerations) of this policy. [CFA 4.09]




c. Any
discharge other than the function test, either intentional or
accidental, shall necessitate the immediate notification of the
deputy's immediate supervisor. The immediate supervisor will ensure
proper written notification of the incident to the Agency Armorer.



f. When a
deputy either intentionally or accidentally uses the laser in
response to a subject's resistance,
even if the subject is not
struck, he or she shall prepare a Response to Resistance Form, and
forward it
via the chain of command to the .Bureau Commander,
along with a copy of the Incident Report. The
immediate
supervisor shall investigate each incident and ensure the proper
forms are submitted.



g. The
dataport on the taser stores the time and date the taser was fired.




  1. During the
    issued deputy's annual inspection, or prior to servicing by the
    manufacturer the
    information from the dataport will be downloaded
    by the Agency Armorer.



  2. The Agency
    Armorer will maintain the taser usage data base in the armory.



  3. Only
    personnel authorized by the Sheriff will have access to this data.




h. Tasers
shall be inspected annually, by a certified laser instructor, to
ensure that they are functioning properly and that they are being
taken care of in accordance with manufacturer's recommendations.



10






[CFA
4-.07A] lasers which are determined to be unsafe shall be
immediately remov(



TASER until
the problem is remedied and they have been re-inspected by a
certified instructor,



nervous



i.
Special Considerations:



¥
Ejt\L)fi



constin I)
p
rior to deployment of the taser, deputies should take
into consideration enviror



which
include but are not limited to; subjects standing on or near the edge
of a i
F. INDE>
next to a
vvindow or body of water.



DEADI 2)
Flammable Liquids: Deputies should not discharges taser in any
environment wl



DEADI flammable,
volatile, or explosive material (gasoline, natural gas, propane,
etc.) are
t



USEO



RESIS' 3)
Chemical Spray: The taser should not be discharged if flammable
chemical spray



RESIS' deployed
on the subject.



4) Vehicles:
Safety issues should be considered prior to deploying a taser on a
subj
control of a motor vehicle while the engine is running.



5) Animals:
A taser may be used on animals in circumstances where the use
of
necessary for the safety of the officer, public or the animal.



APPROVE 9.
Deployment of the Sage Less-Lethal Launched Weapon System:



LARRY
C



SHERIFF, ».
Intent:



1)
The intent of utilizing less-lethal munitions is to provide members
with a vial subduing, through temporary incapacitation. a violent or
combative person. In sit members would be exposed to the probability
of imminent death or great bodily har to attempt to overpower a
violent person, the discharge of less-lethal munitions m; alternative
to deadly force.



b. Guidelines:




  1. Rubber
    projectiles are classified as impact weapons and constitute a use of
    force
    with Sheriff's Office guidelines pertaining to the use of
    non-deadly force.



  2. Members
    should keep in mind that they must be able to articulate what
    actions wen
    person which caused the member to reasonably believe
    the situation had escalated
    that deploying the rubber projectile
    was necessary.



  3. The
    on-scene supervisor must ensure appropriate alternatives are
    available in the e
    continuum rises and the use of deadly force is
    necessary.



  4. When
    dealing with violent/combative persons, nothing in this general
    order is
    discourage member from using a higher level of force
    when such force is reasona
    and can
    be justified.




c. Authorized
Possession and Use of the Sage SL-6 37MIM Rifled Barrel Weapon Systei



1)
Only members who have completed Ihe required training and have met
the annual requirements forth* Sage SL-6 shall be authorized to
discharge rubber projectiles.



II



* i
-HI



Sexual Misconduct allegations 2000-2009




















































































































CASE #



SUBJECT OFFICER



ALLEGATION SUMMARY



FINDING



A01-04



Jeff Zondervan



Gross Stand. Of Cond. / Fondled girlfriend’s
teenage daughter /



Sustained - arrested & convicted



A02-21



Danny Brady



Gross Stand. Of Cond / Having sex with a minor



Sustained



















A03-31



Derek Terry



Stand of Cond / Had sexual relations with a
victim in a case he was working



Sustained



A03-52



Ruby Jinks



Gross Stand of Cond
/Relations with Inmates-


Sexual misconduct with an inmate



Sustained



A04-26A



Eric Brown



Gross Stand of Conduct / Soliciting prostitutes



Sustained



A05-16A



Mike Montgomery



Gross Stand of Cond / Having sexual relations
with inmate @ the Work Camp



Sustained - arrested



05-104A



Nathaniel Maxwell



Gross Stand of Cond. / Inappropriate touching
of a female inmate in holding cell



Not sustained



06-622



Nathaniel Maxwell



Gross Stand of Conduct / Inappropriate touching
of an inmate



Unfounded



06-48043



Steve Bradley



Stand of Conduct / Having sexual relations
while on duty



Sustained



06-5890



Rick Dyke



Gross Stand of Cond / Sexual Relations with
step daughter



Sustained - arrested & acquitted



06-142633



Donald Jacobs



Gross Stand of Cond / Soliciting prostitutes



Sustained



06-79674



Morgan Wysocki



Stand of Cond / Had sex on duty



Unfounded



07-203087



John Kellerman



Stand of Conduct / Kissed store clerk, sexual
comments



Sustained



07-72390


07-161439



Adrian Nealy



Stand of Cond / sexual comments & gestures
toward inmate during incarceration



Sustained



07-287236



Diane Gaines



Initiated a physical relationship with an
inmate and continued after his release



Sustained