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SECTION: 612 USE OF FORCE DISCHARGE OF FIREARM

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SECTION: 612

TITLE:     USE OF FORCE DISCHARGE OF FIREARM

EFFECTIVE DATE:  February 15, 2017

 

 

PURPOSE

 

This policy establishes rules and standards to be followed concerning the use of force and firearms by deputies, along with reporting procedures when a firearm is discharged.

 

POLICY

 

The basic responsibility of law enforcement is to protect life. deputies are equipped with numerous means to protect themselves and others from the immediate threat of death or serious bodily injury..

 

Even though all deputies must be prepared to use their firearms when necessary, the utmost restraint must be exercised in their use. Consequently, no deputy will be disciplined for not discharging their firearm if that discharge might threaten the life or safety of an innocent person.

 

The value of human life is immeasurable in our society.  Law enforcement deputies have been delegated the responsibility to protect life and property and apprehend criminal offenders. The apprehension of criminal offenders and the protection of property must at all times be subservient to the protection of life. The deputy's responsibility for protecting life must include his own.

 

 

In all cases, only that force necessary shall be used by deputies of this Department to affect lawful objectives.

 

A deputy of this Department may only use deadly force when he believes that it is necessary to defend his own life, or that of another person in immediate danger of death or serious physical injury. Deputies of this Department shall be authorized to use, at any time during a conflict, the necessary force to end a threat to protect themselves or citizens from injury or death.

 

  1. Deadly Force - shall be defined as that force which is intended to cause death or grave bodily injury or which creates such a degree of risk that a reasonable and prudent person would consider it likely to cause death or grave injury.

 

  1. Reasonable Belief - Shall be defined as those set of facts and circumstances that would lead a reasonable person to believe that deadly force is necessary.

 

  1. Serious Physical Injury - Shall be defined as any injury that could result in permanent disfigurement, disability or death.

 

The same standards that apply to the use of deadly force shall apply to the use of deadly force against a fleeing felon. No presumption shall be made that a fleeing felon poses an immediate threat in the absence of a previously demonstrated threat to or disregard for human life.

 

USE OF FIREARMS

 

  1. No deputy shall discharge their firearm except to protect themselves or another person from imminent death or serious bodily injury.

 

  1. Deputies shall discharge their firearms only when doing so will not endanger innocent persons.

 

  1. No deputy shall discharge their firearms to threaten or subdue persons whose actions are destructive to property, injurious to themselves and do not represent an imminent threat of death or serious bodily injury to the deputy or others.

 

  1. No deputy shall discharge a firearm from or at a moving vehicle unless it is absolutely necessary to protect against immediate threat to the life of the deputy or others.

 

  1. No deputy shall fire a warning shot.

 

  1. No deputy shall draw their Firearm unless there is a threat or probable cause to believe there is a threat to life, or for inspection, maintenance, storage or authorized training.

 

  1. Firearms shall not be cocked while pursuing, subduing, arresting or searching a suspect or at any other time when the use of deadly force is not imminent. Firearms may be cocked when use of the firearm is deemed imminent and extreme precision is necessary.

 

  1. When it is necessary for deputies to discharge their firearms, deputies will:

 

  1. If feasible, first issue a verbal warning.

 

  1. When using deadly force the intent will be to stop the subject from inflicting great bodily harm or death. For maximum stopping effectiveness and minimal danger to innocent bystanders, the deputy should shoot at "center body mass", when possible.

 

  1. A deputy is justified killing an animal:

 

  1. For self-defense.

 

  1. To prevent substantial harm to another.

 

  1. When the animal is so badly injured that humanity requires its relief from further suffering.

 

REPORTING AND INVESTIGATION OF FIREARMS DISCHARGE

 

Whenever a deputy discharges a firearm, either accidentally or officially, except at an approved range or function, the deputy shall notify his supervisor immediately, who through the chain of command, shall notify the Patrol Supervisor, Major and the Sheriff.  The involved deputy shall submit a detailed written report, to the Sheriff within twenty-four (24) hours of the incident. If the discharge is determined to be an act of negligence, disciplinary action may follow along with a mandatory recertification of the weapon involved.

 

When a deputy causes injury to any person as a result of the discharge of his firearm, whether acting in an official capacity or accidentally, the Patrol Supervisor, Major, the Sheriff and the Louisiana State Police shall be notified and will proceed to the scene for investigative purposes. The Louisiana State Police will conduct the investigation.

 

When a deputy injures a person through discharge of a weapon he shall immediately:

 

  1. Determine physical condition of any injured person and render first aid.

 

  1. Request paramedics.

 

  1. Notify the dispatcher and his immediate supervisor of the incident and location.

 

  1. The deputy shall protect his weapon for examination and submit the weapon to the supervisor in charge of the scene, upon request.

 

  1. No deputy shall refuse to give a statement regarding the discharge of his weapon, whether accidental or in the line of duty.

 

  1. The deputy shall not discuss the incident with anyone except for supervisory personnel and investigating personnel.

 

  1. The deputy shall prepare a detailed report of the incident.

 

A uniformed field supervisor shall:

 

  1. Respond immediately to the scene.

 

  1. Establish control of the scene.

 

  1. Secure a perimeter area.

 

  1. Direct units to assignments, including the separating of witnesses and protection of the scene.

 

  1. Assist the deputy involved.

 

  1. A deputy's weapon shall not be removed from his person on scene, unless the supervisor has reason to believe that it may cause conflict with the investigation.

 

  1. A supervisor will remain at all times with the deputy involved, until he is relieved by the assigned investigator, Patrol Supervisor, Major or the Sheriff.