Use of Force Definitions.

Accidental Discharge

An accident discharge is the unintentional discharge of a weapon, due to a mechanical failure or operational failure of the weapon system, absent deputy negligence.

Active Resistance

Active resistance occurs when a subject flees from the presence of a deputy or makes physically evasive movements ( i.e. bracing, tensing, and pulling away) To interfere with a deputy’s attempt to control or detain that subject.

Active Aggression

Active aggression is when a subject demonstrates imminent or immediate physically aggressive movements likely to result in the assault or battery of a deputy or another.

Authorized Weapons

Authorized weapons are weapons that meet DASO specifications which deputies are permitted to carry, and for which deputies complete proficiency and safety training.

Behavioral Cues:

Behavioral cues include actions taken by a person, coupled with outside information that is available to a deputy or which is observed during an incident, that indicates potential threat levels.

Critical Firearm Discharge

A critical Firearm discharge occurs when a deputy intentionally discharges a firearm, excluding training exercises and killing animals for humane purposes.

Central Information Display

The Central information display (CID) is a window display on the taser that indicates whether the taser is “SAFE” or “ARMED”, the amount of battery life still remaining, and a 5-second (standard cycle) Countdown each time, and taser trigger is pulled.

Deadly Force

Deadly Force is considered to be any physical force that can reasonably be expected to cause death or serious physical injury. Deputies must understand that deadly physical force is an extreme measure and should only be used in accordance with the law and as stated in the use of force policy.

De-Escalation (Prior to Force):

De-escalation strategies and techniques, prior to the use of force, are those actions used by deputies, when safe and without compromising law enforcement priorities, that seek to minimize the likelihood of the need to use force during an incident and increase the likelihood of voluntary compliance.

De-escalation (relative to level of resistance)

De-escalation is a decrease in the severity of force used by a deputy in direct response to a decrease in the level of resistance or aggression by a suspect.

Electronic Control Weapon (ECW)

An ECW is also commonly referred to as a CEW, CED, and ECD. These are hand-held neuromuscular disruption device capable of temporarily incapacitating a subject through the application of an electrical current. The ECW currently utilized at DASO is the taser.

Soft Empty Hand Techiques

Techniques that have a minimal potential for injury such as escort holds, joint manipulations, assisted takedowns, or pressure points.

Hard Empty Hand Techniques

Techniques that pose a higher likelihood of injury including, but not limited to strikes, arm-bar-takedowns, unassisted takedowns, leg sweeps or tackles.

Excited Delirium

state of extreme mental and physiological excitement, often characterized by some, or all of the following: exceptional agitation and hyperactivity, profuse sweating, overheating, excessive tearing of the eyes, removal of clothing, hostility, exceptional strength, aggression, paranoia, and our endurance without apparent fatigue.

Firearm

A firearm is a weapon originally designed, made, and intended to fire a projectile (Bullet) from one or more barrels.

Force

Force is considered the means intentionally applied or the amount of physical effort by a deputy(ies) to overcome passive and active resistance or active aggression. The term does not include escorting or handcuffing a person with minimal or no resistance.

Great bodily harm / serious physical injury

Great bodily harness. serious physical injury includes any serious bodily harm that creates a substantial risk of death, causes serious or permanent disfigurement, or results in long-term loss or impairment of the functioning of any bodily member or organ.

Gross Criminal Negligence

Gross criminal negligence may be construed as being criminal in nature where such negligence is accompanied by acts of commission and or omission of a wanton and willful nature, which show reckless or indifferent disregard of the rights of others, under circumstances reasonably calculated to produce injury, or which will mate it probable that injury will occur.

Harm

Any injury inflicted upon a person, whether visible or not.

Immediate Threat

An immediate threat is a deputy’s reasonable perception that a suspect’s actions are presently creating a threat of danger, death, or serious injury from any action or outcome that may occur during an encounter. For example, a subject pointing a gun at a deputy would be an immediate threat.

Imminent Threat

An imminent threat is a deputy’s reasonable perception of impending danger, death, or serious injury from any action or outcome that may occur during an encounter. A subject may pose an imminent or impending danger, even if he or she is not pointing a weapon at the deputy but has, for example, a weapon within reach, is running for cover carrying a weapon, or running to a place where the deputy has reason to believe a weapon is available.

Impact weapons

Impact weapons are standard issue batons, or personally owned and approved batons after review and inspection, which meet the following criteria: straight batons comprised of hard wood, or composite or manufactured cold-rolled steel, collapsible batons *i,e. ASP, monadnock, etc.) All DASO-issued bataons are ASP T50 bataon (50cm,, 19.685 inch) in legth.

Lethal Force

Any use of force that is likely to cause death or serious physical injury.

Level of force.

The level of force is the option or amount of force that a deputy uses to gain control over a subject.

Level of Resistance

The level of resistance is the amount if force demonstrated by a subject to resist compliance with the lawful order or lawful actions of a deputy.

Motor Vehicle Pursuit

A motor vehicle pursuit is an active attempt by a law enforcement deputy, operating an authorized emergency vehicle, to apprehend one or more occupants of a motor vehicle, the driver of which is actively attempting to avoid apprehension by, but (not?) limited to exceeding the posted speed limit, disobeying traffic laws, or attempting to elude the deputy though evasive maneuvers or tactics. A visual; and audible signal must be given by the deputy directing the operator to stop.

Negligent Discharge.

The unintentional discharge of a weapon where the deputy demonstrated willful behavior likely to cause injury or harm, carelessness, or purposeful wanton disregard for accepted safety protocols in the handling of the weapon, which led to the discharge.

Neuromuscular Incapacitation (NMI)

Neuromuscular Incapacitation (NMI) is a direct involuntary contraction of the muscles that disrupts neuromuscular control, affecting the motor, sensory and nervous systems of the body.

Non-Deadly Force

Non deadly force is any force used by a deputy that would not reasonably be expected to cause death

Non-verbal and verbal - non compliance

Non-verbal and or verbal non-compliance occurs when a subject expresses his/her intentions not to comply with a deputy’s directive through verbal and or non-verbal means. A deputy may encounter statements ranging from pleading to physical threats. Such statements may also include physical gestures, stances, and subconscious mannerisms.

Objective reasonable Force

the degree of force required in effecting an arrest, investigatory stop, or other seizure, when evaluated by using an objective, reasonable police officer standard. The reasonableness of each particular use of force will be judged from the perspective of a reasonable deputy on the scene, based on the facts and circumstances known to and confronting the deputy at the time. (Graham v. Connor) In determining the appropriate level of force to be used, deputies shall evaluate each situation in light of the unique facts and circumstances of each case. Those factors include but are not limited to, the seriousness of the crime or suspected offense, the level of threat or resistance presented by the subject, the risk or apparent attempt by the subject to escape, and whether the subject was posing an imminent threat to deputies or others.

Oleoresin Capsicum (OC) Spray

OC spray is an inflammatory agent that irritates the mucus membrane and eyes to cause tears and pain. an intermediate weapon is classified as being non-deadly. It should only be used, however, when a deputy is met with a certain degree of resistance or aggression through either actions or words.

Passive Resistance

Passive resistance occurs when a subject does not cooperate with a deputy’s command through non-verbal or verbal non-compliance or prevents the deputy from gaining control of a scene, physical control, or custody of the subject (i.e.,e. a suspect who refuses to go to a prone position when given a lawful command to do so).

Pepper ball:

A pepper ball is a frangible projectile (pellet) that contains a powdered chemical that irritates the eyes and nose in a manner similar to pepper spray.

Pepper ball Launcher

A pepper ball launcher is a device that launches a frangible projectile (pellet) containing a powdered chemical that irritates the eyes, and nose in a manner similar to pepper spray.

Physucal Stress Training

Physical stress training requires the deputy to successfully perform a live fire exercise during or after an agility drill.

Positional Asphyxia

Positional asphyxia is a form of asphyxia, which occurs when body position prevents adequate gas exchange (breathing), such as from upper airway obstruction or a limitation in chest wall expansion.

Reasonable Belief

A reasonable belief is the facts or circumstances the deputy knows or should know which would cause an ordinary and prudent deputy to act or think in a similar way under similar circumstances.

Reportable Use of Force

The minimum threshold DASO recognizes as a reportable use of force is defined as any method, which constitutes a level 1 force application or higher. The minimal efforts of a deputy to overcome a subject’s passive or active resistance to being handcuffed or escorted does not constitute a reportable application of force.

Resisted Handcuffing

Resisted handcuffing occurs when a person actively resists being placed in handcuffs, and the deputy must use soft hand control techniques to gain compliance by forcibly moving the subject’s wrists or arms or to physically maneuvering the subject’s body, so the handcuffs can be applied. The resistance may range from an active struggle to a person simply “locking” his/her arms to prevent compliant handcuffing.

Serious bodily injury

Serious bodily injury is any injury that causes death or creates a substantial risk of death, permanent harm to health, disfigurement, permanent loss of functions by any organ in the body, or results in treatment at a medical facility. Note: minor treatments such as eye washing, cleansing, bandaging, evaluation with no injury discovered, etc., Will be evaluated on a case-by-case basis by a supervisor. Absent extenuating circumstances, these may not be designated as serious bodily harm.

Show of force

A show of force is the intentional demonstration or pointing of a less lethal or lethal force option at or towards an individual.

Supervisor

A supervisor includes a sergeant, and above who is assigned responsibility for supervising deputies.

Tactical Advantage

A tactical advantage is any means by which a deputy may gain an advantage over an opposing suspect, or suspects, during a confrontation. This advantage can be by the positioning of one’s body, concealment or cover options, or through weaponry options.

Tire Deflation device

A spike strip ( also known as traffic spikes, tire shredders, one-way traffic treadles, stingers, stop sticks, and formally known as a tire deflation device) is a device used to impede or stop the movement of wheeled vehicles by puncturing their tires.

Compliant Handcuffing

Compliant Handcuffing occurs when the subject complies with the deputy’s verbal commands and or unresistingly allows the deputy to position their arms in order to apply handcuffs, or the subject positions their arms as commanded for the application of handcuffs.

Verbal Commands

Verbal commands are the use of directions, persuasion, and or warnings. In an arrest situation, deputies shall, when feasible, give the arrestee simple directions and encourage the arrestee to comply. Verbal commands are the most desirable method of dealing with an arrest situation.

Vulnerable populations

Vulnerable populations are individuals who are determined to be at a higher risk for adverse effects from force application, due to poor or fragile health. These populations in clude, young children, the elderly, pregnant women the handicapped, etc.

Weapon

A weapon is any instrument article or substance, including a vehicle, which, under the circumstances in which it is used, attempted to be used, or threatened to be used, is readily capable of causing death or other serious bodily injury.