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HomeMy WebLinkAbout81361 RESOLUTION 190. 8,136 230 2 3 4 A RESOLUTION ESTABLISHING A POLICY 5 FOR THE USE OF DEADLY FORCE. 6 7 WHEREAS, the City of Little Rock's current policy for the 8 use of deadly force has many different criteria which must be 9 weighed by police officers within only a moment's notice, raising 10 the potential for confusion and misinterpretation in 11 life- threatening situations; and 12 WHEREAS, a new and more restricted policy adopted by many 13 other police departments is concise, easily understood, and 14 contains specific guidelines to enhance the safety of both the 15 officers involved and the general public. 16 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF 17 THE CITY OF LITTLE ROCK, ARKANSAS: 18 SECTION 1. Philosophy - -The Little Rock Police Department, 19 in establishing a philosophy for the use of deadly force, places 20 the ultimate value on human life, while considering the legal, 21 moral and ethical implications of its application. 22 The citizens of Little Rock have vested their police 23 officers with the responsibility to protect life and property and 24 apprehend criminal offenders. The apprehension of criminal 25 offenders and protection of property must at all times be 26 secondary to the protection of life. Therefore, the use of deadly 27 force is not allowed to protect property interests. 28 Police officers are confronted daily with situations where 29 control must be exercised to effect arrests and to protect the 30 public safety. The officers may achieve control of situations by 31 the use of verbal warnings or the use of reasonable physical 32 force. The use of any reasonable physical force must be based on 33 reasonable alternatives that have been considered and would be 34 ineffective. The use of deadly force shall be the last 35 alternative, but the officer's responsibility to protect human 36 life must include his own. 1 The purpose of this directive is: 2 A. To state the department's policy regarding a police 3 officer's use of deadly force. 4 B. To establish policies under which the use of deadly 5 force by police officers is permissible. 6 SECTION 2. Definition of Deadly Force -- "Deadly Force" as 7 used in this policy is defined as that force which creates some 8 specified degree of risk that a reasonable and prudent person 9 would consider likely to cause death or serious physical injury. 10 SECTION 3. Avoiding the Use of Deadly Force- - 11 1. Regardless of the nature of the crime or the 12 justification for directing deadly force at a suspect, 13 officers must remember that their basic responsibility 14 is to protect life. Officers shall not fire their 15 weapons under conditions that would unnecessarily 16 subject bystanders or hostages to death or possible 17 injury, except to preserve life or to prevent serious 1s physical injury. Deadly force is an act of last 19 resort and will be used only when other reasonable 20 alternatives are impractical or have failed. 21 2. To every extent possible, officers will plan ahead and 22 consider alternatives which will reduce the 23 possibility of needing to use deadly force. 24 SECTION 4. Authorization to Use Deadly Force -- Officers may 25 use deadly force to protect themselves or others from what they 26 reasonably believe to be an immediate threat of death or serious 27 physical injury. 28 SECTION 5. Discharging Firearms at Moving Vehicles- - 29 1. Discharging firearms at a moving or fleeing vehicle is 30 prohibited unless it is necessary to prevent imminent 31 death or serious physical injury to the officer or 32 another person. 33 2. Officers will not voluntarily place themselves in a 34 position in front of an oncoming vehicle where deadly 35 force is the probable outcome. When confronted by an 36 231 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 oncoming vehicle, officers will move out of its path, if possible, rather than fire at the vehicle. SECTION 6. Drawing, Displaying Weapons and Warning Shots- - 1. Officers will not fire warning shots. 2. Officers may draw or display.firearms when there is a threat or reasonable belief that there is a threat to life or when they have a reasonable fear for their own safety and /or the safety of others. 3. Officers will not fire into a building or through doors unless the officer or someone else is drawing fire and the suspect can be identified and is clearly visible. SECTION 7. Resolution No. 7,334 is hereby repealed. This Resolution shall be in force from and after is passage. ADOPTED: April 18, 1959 ATTEST: Cit Clerk Ja­ng Czech AS Td FORM: Mark Stodofa, City Attorney 232 APPROVED: —�fu X, UgL'�g Mayor F ovd G. Villines, III