551 Response to Resistance

Question 1

Based on the guidelines established in Order 572 (Professional Oversight) all RTR incidents are reviewed by the Professional Oversight Unit and are subject to further review by the ……………….., the RTR Review Board, and/or the Internal Affairs Unit, to ensure compliance with JSO policy and training.

Answer 1

Director of Personnel & Professional Standards

Question 2

Medical Evaluation – Officers and supervisors will be required to obtain medical evaluations from the Jacksonville Fire and Rescue Department (JFRD) or a nurse at the Pretrial Detention Facility (PDF), as soon as possible or practical, for individuals: [CALEA 4.1.5]

Answer 2

a. Who show signs of any injury as a result of any use of force being applied;
b. Who complain about any injury as a result of force being applied;
c. Who become unconscious either during or following the application of any force; or
d. When the officer or supervisor reasonably believes an individual is in need of a medical evaluation as a result of the application of force.

Question 3

…………………. Force which is not likely to cause death or great bodily harm

Answer 3

Non-deadly Force:

Question 4

………………: Force which is intended to, or likely to, cause death or great bodily harm. Deadly force will only be used in accordance with the procedures described in this order.

Answer 4

Deadly Force

Question 5

………………………. Bodily injury that creates a substantial risk of death; causes serious, permanent disfigurement; or results in the long-term loss or impairment of the functioning of any bodily member or organ.

Answer 5

Great Bodily Harm:

Question 6

…………….. A subject refuses to comply or respond. He/she does not make an attempt physically to defeat the actions of the officer but forces the officer to employ physical maneuvers to establish control (e.g., A subject may be involved in a demonstration. The subject ignores an officer’s requests to move, and the officer must use physical strength to move the subject.)

Answer 6

Passive Resistance:

Question 7

Active Physical Resistance: A subject makes physically evasive movements to defeat an officer’s attempt at control. Active physical resistance (taken in the totality of the situation) may be demonstrated by one or more of the following acts by the person subject to being taken into custody:

Answer 7

a. Circling the officer;
b. Forming a fist;
Verbalization of aggressive intent;
d. Becoming increasingly more animated/exaggerated in his/her movement and/or increasing his/her muscular tension (e.g., jaw clenches, neck muscles tighten, etc.);
e. “Blading” the body and/or moving the feet into a balanced or fighting stance;
f. Rolling up sleeves or removal of clothing or valuables; and/or
g. Any other behavior that indicates a likelihood or expectation of violence towards the officers, themselves, or others.
h. Failure to obey verbal commands is not considered active physical resistance

Question 8

Physical Control – There are six classifications of physical control:

Answer 8

a. Restraint Devices - Mechanical tools used to restrict a subject’s movement and facilitate searching, such as handcuffs, flex cuffs, leg irons, belly chains, or nylon restraints.
b. Transporters – Techniques used to control and/or move a subject from one location to another with minimum effort by the officer in order to gain and retain control over the subject.
c. Pain Compliance – Hand-held aerosol chemical munitions (Defense Technology MK-3) or techniques that force a subject to comply with an officer as a result of the officer deploying the chemical munitions or inflicting controlled pain upon specific points on the subject’s body, such as pressure point techniques (e.g., Subject refuses to move, so the officer has the option of applying gradual fingertip pressure to a nerve in order to gain compliance).
Conducted Energy Weapon [CEW] – Weapons designed to disrupt a subject’s motor and sensory nervous systems by means of deploying battery powered energy sufficient to cause uncontrolled muscle contractions and override an individual’s voluntary motor responses, thus allowing an officer to capture the person who is resisting being taken into custody (e.g., A subject is notified by the officer that they are under arrest and the subject flees or engages in active physical resistance towards the officer in an attempt to avoid being taken into custody. The officer deploys a CEW and takes the person into custody).
e. Takedowns – Techniques that redirect a subject to the ground in a controlled manner in order to limit his/her physical resistance and to facilitate the application of a restraint device.
f. Counter Moves – Techniques that impede a subject’s movement toward an officer or other individual, such as blocking, striking, distracting, kicking, dodging, weaving, redirecting, and/or avoiding, followed by appropriate controlling techniques

Question 9

Non-deadly force may be used to ……………………….. or others from personal attack, physical resistance, or injury, provided the force chosen is reasonable based upon the immediate circumstances of the confrontation.

Answer 9

affect arrests or to protect officers

Question 10

Non-deadly force may also be deployed ………………………..and avoid capture from a lawful arrest. In a corrections environment, non-deadly force may be used against a person who is passively resisting a lawful command that may affect the safety of members and inmates and/or to maintain or restore control and order in a correctional facility.

Answer 10

against a subject who is attempting to flee

Question 11

Non-deadly force should only be used when absolutely necessary and only to the degree needed to affect a lawful arrest, overcome resistance, maintain order within the corrections setting, or protect the officer or another person from bodily harm. In doing so, the officer must consider all factors:

Answer 11

a. Severity of the crime/situation at issue;
b. Whether the person is resisting the officer’s attempt to place him/her in custody, or attempting to evade an officer by flight;
c. Whether the person poses an imminent threat to the safety of the officer(s) or others; or An inmate is attempting to disrupt the care, custody, and control of a correctional facility.
5. The degree of force shall be consistent with training and the aforementioned factors

Question 12

Officers may use deadly force to apprehend a fleeing felon only when:

Answer 12

1) There is probable cause to believe the person fleeing committed a violent felony which involved the infliction or threatened infliction of great bodily harm or death, or the person fleeing escaped while being held in custody as a suspect or prisoner for a violent felony which involved the infliction or threatened infliction of great bodily harm or death; and(2) The officer reasonably believes the use of deadly force is necessary to prevent escape; and
(3) The officer reasonably believes the failure to immediately apprehend the fleeing person will place the officer, another law enforcement officer, or any other person in imminent danger of death or great bodily harm.

Question 13

The officer’s decision to use deadly force against a fleeing felon will be judged by the reasonableness of the officer’s actions………………

Answer 13

based upon the facts and circumstances known to the officer at the time the force was deployed

Question 14

Consistent with training, officers will not intentionally strike anyone with an intermediate weapon on the head, neck, and clavicle unless the circumstance justifies the use of ……

Answer 14

deadly force.

Question 15

The flashlight is not intended to replace the baton as an intermediate weapon. If it is necessary to use the flashlight as an ……….., its use will be consistent with impact weapons training and this policy.

Answer 15

intermediate weapon

Question 16

Anytime an officer uses an intermediate weapon on or against an individual, the officer will check back on the original call for service using the disposition code “RTR” in the primary disposition block and any other applicable codes in the subsequent disposition blocks. The officer will complete an RTR Report in ARMS. Any and all applicable RTR Reports will be completed using the originating CCR number. This form shall be routed through their …………………………

Answer 16

permanent supervisors or designee

Question 17

Chemical munitions will not be used on individuals under the following conditions:

Answer 17

a. In a punitive manner; or

b. On a person secured by handcuffs or other restraint devices, absent Active Physical Resistance.

Question 18

Only under extreme conditions should a hand held aerosol chemical munition be used at a distance of less than ……….. feet for the MK-3 and ……….. feet for the MK-9.

Answer 18

3 FEET

6 FEET

Question 19

Anytime a person is exposed to a chemical agent, as soon as practical, the person must be:

Answer 19

a. Escorted to an uncontaminated environment;
b. Exposed to fresh air; and
c. Allowed to flush contaminated body areas with water.

Question 20

All incidents involving exposure to a chemical agent (person or animal) will be documented by checking back on the original call for service using the disposition code “…….” in the primary disposition block and any other applicable codes in the subsequent disposition blocks. The incident will be documented on a ………… and/or a ……….Witness Report in ARMS and an Incident Report (including the Animal Investigation Report for animal attacks) and/or Arrest & Booking Report, when applicable. Any and all applicable……..Reports will be completed using the originating CCR number. The ……..Report shall be routed through their permanent supervisors unless not feasible.

Answer 20

RTR
RTR
RTR
RTR
RTR
RTR
RTR

Question 21

In cases when chemical agents have been used on an inmate or on a person arrested, the details of the circumstances surrounding the use of a chemical agent, including the …………….., and if the ………………………, shall be included in the narrative of the Arrest & Booking Report or a RTR Report. Personnel at the PDF will be advised in every instance when a chemical agent has been used on an arrestee/inmate in order to allow the arrestee/inmate to shower if so desired.

Answer 21

time of exposure, and if the contaminated body areas have been flushed with water

Question 22

Qualified medical personnel shall inspect all persons struck by specialty impact munitions for injury. Those persons not transported by rescue will be transported to………………by the reporting officer to be examined by emergency room personnel

Answer 22

UF Health Jacksonville

Question 23

Officers’ decisions to deploy the CEW are subject to the criteria for the use of non-deadly force stated in this order and are dependent upon both the officers’ reasonable belief of the actions of the subject(s) or threat(s) facing the officers and the totality of the circumstances surrounding the incident. Prior to an officer’s decision to deploy the CEW; the following conditions must be met:

Answer 23

a. The officer must have legal authority to take the person into custody or the person is already lawfully confined in a DOC facility; and
b. The person is, at a minimum, exhibiting active physical resistance; or
c. The subject is an immediate threat to the officer or others; or
d. The person is preparing or attempting to flee in order to resist/avoid being taken into or remaining in lawful custody.
Also, based on the totality of circumstances, the CEW may be utilized by SWAT Unit members as directed by their supervisor and/or part of an apprehension plan.

Question 24

Subject Warning of CEW Application – When reasonable to do so, an officer may give a warning of the imminent application of CEW in an attempt to cause the subject to comply with officer’s lawful orders. However, if the officer reasonably believes the giving of such warning may escalate the risk and/or danger of the incident or diminish the officer’s or others’ safety, then ……………………. It is foreseeable the officer’s announcement of imminent CEW deployment may cause the subject to attack the officer, flee, inflict self-injury, attempt to injure others, etc.;

Answer 24

the officer is not required to give a warning.

Question 25

CEW Distance – The CEW in probe deployment mode has a normal effective range of ……… with a 21 foot cartridge and …………with a 25 foot cartridge, however optimal range is seven to ten feet from the tip of the CEW cartridge. Ranges less than three feet may not provide adequate distribution of the probes to allow the CEW to function to its full effectiveness at incapacitating the subject without drive stun follow up. However, discharging the CEW at a subject at a range closer than three feet is usually not an escalated danger to the subject. Also, point blank probe deployments have been demonstrated not to create any unreasonable additional risk of injury to the subject. Officers must account for arm length in close proximity deployment

Answer 25

19 feet

19 feet

Question 26

After an officer has deployed the CEW, the following procedures will apply:
a. Once the person who has been impacted by the CEW is handcuffed and in custody, the officer will advise his …………………………. who will respond to the scene;

Answer 26

immediate supervisor, or an on-duty supervisor,

Question 27

The …………….. shall respond and review with the officer the circumstances under which the CEW was used.

Answer 27

supervisor

Question 28

Probe Removal

a. Some probes will simply fall out. If a subject, who has a probe embedded in his/her body, requests the probe be removed by ……………………….., then the officer shall arrange for …………………to remove the probes. [CALEA 4.1.5]
b. ……………….. shall remove probes located in sensitive areas such as the face, neck, groin, female’s breast, and tops of the hands and feet. [CALEA 4.1.5]
c. Removal of probes in non-sensitive areas may be done by an…………… The officer or other trained personnel will provide first aid following removal of the probes by applying iodine or alcohol wipes, and bandages to the probe sites as needed. The officer should inspect the probes after removal to see the entire probe and probe barb has been removed. In the event a probe, or probe barb, has broken off and it is still embedded in a subject’s skin, the subject shall be provided appropriate medical attention to facilitate the removal of the object.

Answer 28

medical personnel
medical personnel
medical personnel

officer

Question 29

Firearms shall NOT be discharged from or at a moving vehicle except as a last resort, when all other opportunities have been exhausted:

Answer 29

a. To prevent death or great bodily harm to himself or others; or
b. To prevent the escape of a fleeing felon who poses an imminent threat of death or great bodily harm to the community.

Question 30

The Homicide Unit is responsible for conducting a criminal investigation when any member, acting in his official JSO capacity:

Answer 30

a. Intentionally discharges a firearm at a person;
b. Unintentionally discharges a firearm that results in a person being shot;
c. Takes any action against another person that results in the death or life-threatening injury of that person; or
d. Is killed, shot, or the victim of a life-threatening injury inflicted by criminal means (applies to JSO canines as well).

Question 31

The…………………………………. or his designee shall: [CALEA 11.3.4]

(1) Coordinate with the Public Relations & Information Unit to provide a public statement to the media at the scene; and [CALEA 11.3.4]
(2) In accordance with Order 513 (Compensation and Leave), ensure the members who used deadly force are placed on Administrative Leave pending a review by the Sheriff or his designee regarding their ability to safely and effectively return to their duty assignments.

Answer 31

Chief of Investigations

Question 32

All responding personnel (excluding any member who used deadly force) shall, within no more than ………..of the incident, complete a major case addendum to document their involvement. The Homicide Unit may extend this deadline for any member based the member’s physical and/or mental condition following the incident

Answer 32

24 hours

Question 33

……………. will be removed from seized weapons and returned to members at the scene.

Answer 33

Gun lights

Question 34

Once the Homicide Unit and State Attorney’s Office (SAO) criminal investigations have concluded, the Homicide Unit shall notify the …………………….. who shall coordinate the administrative review of the incident by the RTR Review Board, in accordance with Order 572 .

Answer 34

Professional Oversight Unit,

Question 35

All other unintentional discharges of firearms shall be investigated by the ……………………………. The Supervisor of ……………………… shall respond to the scene to conduct the administrative investigation.

Answer 35

Professional Oversight Unit

Professional Oversight Unit

Question 36

A ………………….. has approved the use of the CEW on the animal; and
c. A plan to safely secure the animal has been established so as to limit the energy exposure to the animal.

Answer 36

commanding officer

Question 37

When feasible, members shall request approval from a ……………….. to use deadly force on an animal.

Answer 37

commanding officer

Question 38

When a firearm is discharged, all witness statements shall be included in the RTR Report; no RTR Witness Reports are required. The RTR Report for a firearm discharge shall be completed:

(1) For officer-involved shootings, by the Professional Oversight Unit and Homicide Unit after the criminal case has been completed;
(2) For unintentional discharges outside of approved training at the JSO Firing Range, by the Professional Oversight Unit; and
(3) For animal shootings, by the investigating commanding officer, within …………………of the incident.

Answer 38

24 hours

Question 39

Members are required to complete RTR Reports or RTR Witness Reports after engaging in or observing any of the following RTRs: [CALEA 4.2.1]

Answer 39

(1) An intermediate weapon was used on or against an individual or animal;
(2) A person or animal was exposed to a chemical agent;
(3) A SWAT member used a specialty weapon in a non-SWAT incident;
(4) A CEW was deployed in Probe or Touch-Stun mode;
(5) Physical force was used on a subject and the force resulted, or was alleged to have resulted, in any injury, regardless of the severity;
(6) An injury was observed on a subject following the use of any RTR, to include loss of consciousness;
(7) An arrestee was rejected admission to the PDF and directed to the hospital due to alleged injuries sustained from a member’s RTR;
(8) After an arrestee was granted admission to the PDF, the arrestee alleged an injury was sustained from a member’s RTR (In these cases, the PDF will notify the approving supervisor listed on the Arrest & Booking Report about the allegation); or
(9) A supervisor determines an RTR Report is appropriate.

Question 40

Members shall submit all RTR Reports and RTR Witness Reports within ……….. of the RTR incident.

Answer 40

24 hours

Question 41

When a CEW is used to gain compliance by activating the laser and pointing it in the direction of a subject, details of such compliance will be …………………………………………………to document the incident.

Answer 41

articulated in the report being completed