SCSO Response To Resistance Policy
SCSO Response To Resistance Policy
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GENERAL ORDER
RESCINDS:
Table of Contents:
I. Purpose
II. Scope
III. General
IV. Definitions
V. Ensuring Medical Assistance
VI. Relief from Duty
VII. Reports and Analyses
VIII. Lethal Response
IX. Post-Action Procedures Following Lethal Response Incidents
X. Less-Lethal Response Incidents
XI. Post-Action Procedures Following Less-Lethal Response Incidents
XII. Response to Resistance Matrix
I. PURPOSE:
The Seminole County Sheriff's Office recognizes and respects the value and integrity of human life. When meeting
resistance to lawful commands, Deputy Sheriffs and Detention Deputies are vested with the authority to respond
accordingly to protect themselves and the public welfare. The intent of this directive is to establish clear policy on
the correct response to resistance by Sheriff’s Office employees.
II. SCOPE:
A. Only that degree of force reasonably necessary to accomplish lawful objectives, and not to use force
against any person or animal except when necessary, is authorized for purposes of self-defense, in defense
of another, to overcome physical resistance to arrest, to prevent the escape of an arrested person, or to
restore order in the correctional facility.
B. In no event, and under no circumstances, will the application of force be used as a method of punishment.
C. For purposes of this directive, the titles Deputy, Deputy Sheriff, and Detention Deputy are used
synonymously.
III. GENERAL:
Deputies must inform a person they seek to arrest of their authority and the cause of arrest, if possible and feasible,
except when such person flees or forcibly resists before the Deputy has an opportunity to inform the person or when
the giving of such information would imperil the arrest.
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IV. DEFINITIONS:
C. Felony:
A crime punishable by death or imprisonment in excess of one year in a state penitentiary.
D. Forcible Felony:
As defined by Chapter 776.08, Florida Statutes: treason, murder, manslaughter, sexual battery, robbery,
carjacking, home-invasion robbery, aggravated stalking, burglary, arson, kidnapping, aggravated assault,
aggravated battery, aircraft piracy, unlawful throwing, placing, or discharging of a destructive device or
bomb, and any other felony involving the use or threat of physical force or violence against any person.
E. Danger Zone:
The area around a subject that they control and from which they can reach the Deputy in one movement.
G. Last Resort:
When all practical means to avoid using a lethal response have been exhausted.
H. Less-Than-Lethal Response:
Any response other than that which is considered lethal response, and which is not likely or intended to
cause great bodily harm.
I. Line Duty:
Refers to routine duty where the carrying of a firearm or other authorized weapon is a requirement of the
job function.
J. Misdemeanor:
A crime punishable by imprisonment in a county correctional facility not to exceed one year.
K. Physical Force:
The physical power used to overcome another person, and is not likely to cause death or great bodily harm.
L. Reasonable Belief:
Those facts or circumstances a Deputy knows, or should know, to cause an ordinary and reasonable law
enforcement officer of sound thinking and within the bounds of common sense, to act and think in a similar
way under similar circumstances.
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N. Warning Shots:
Intentionally discharging a firearm in an attempt to warn or frighten a subject into some action or inaction.
The use of warning shots is strictly prohibited.
O. Weapons:
Includes lethal and intermediate defensive weapons approved for use by Deputies. A lethal defensive
weapon is classified as a firearm (shotguns, handguns, and rifles). Intermediate defensive weapons are
classified as oleoresin capsicum spray, expandable/retractable batons, electro muscular disruption devices
(Taser) and impact munitions.
A. Deputies are responsible for providing medical assistance when a response to resistance is necessary and
where injuries are sustained as a result of the action. Deputies will:
1. Provide medical assistance within the limit and scope of their training,
B. When oleoresin capsicum spray is used on suspects they will be provided first aid. This may be done in
the field by emergency medical personnel or at a hospital (after an enforcement action), or at the jail’s
Medical Section (after a corrections action). First aid may consist of:
1. Asking the person to remove their contact lenses as soon as it is safe to do so,
2. Applying copious amounts of clean water to the affected area as soon as it is safe to do so,
3. Ensuring the person has access to fresh air, and/or
4. Applying non-oil based soap and water, if necessary, on exposed areas.
A. Deputies whose response to resistance action has resulted in death or serious injury will be removed from
line duty pending an Administrative Review of the incident. Any level of Supervisor may order relief from
duty. At the Sheriff’s discretion, “relief from duty” is defined as administrative leave or temporary
assignment elsewhere in the Sheriff's Office that does not require official/sworn duty. Deputies relieved
from duty under these circumstances will be referred to the Employee Assistance Program (EAP) and the
Human Resources Return to Duty Evaluation.
B. In the event of a negligent discharge of a firearm where no injury or damage has occurred, Deputies will be
relieved from line duty pending remedial weapons qualification.
C. Deputies will be relieved from duty if they fail to successfully complete weapons qualification.
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B. Annual Response to Resistance Analyses:
1. Analyses will examine individual Response to Resistance Reports to detect any patterns or trends.
2. The Captain of Professional Development (or designee) will conduct an annual analysis of
response to resistance incidents that involved enforcement personnel.
4. The analysis will have a concluding statement that identifies any pattern or trend, makes
recommendations to modify current training, or requests this policy be revised.
5. Professional Development will forward analyses to the Sheriff each calendar year (for the
previous year).
C. At the Sheriff’s discretion, the Civilian Review Board may be asked to review Response to Resistance
Reports.
A. Deputies are authorized to use lethal response only when they reasonably believe the action is in defense of
human life, including the Deputy's own life, or in defense of any person in imminent danger of serious
physical injury.
B. When it becomes necessary to resort to the use of a firearm, it should be fired for maximum effect.
C. Deputies may discharge their firearms only under the following circumstances:
1. When protecting themselves or other persons from what is reasonably believed to be an imminent
threat of death or great bodily harm.
2. To apprehend a fleeing forcible felony subject or a fleeing escapee from a penal institution when
such force is necessary, and there is reasonable belief that the subject poses an imminent threat of
death or great bodily harm to the Deputy or the public at large.
6. To kill a dangerous animal or one that humane considerations require release from further
suffering; when other means of disposal (such as the availability of Animal Control) are
unavailable and attendant circumstances are appropriate. If possible, permission will be obtained
from the owner (if any) of the animal before it is destroyed. When all efforts to notify the owner
have been exhausted contact should be made with a Supervisor to obtain approval.
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1. To give warning shots,
2. When circumstances do not provide a high probability of striking the intended target,
3. At or from a moving vehicle unless the occupants of the other vehicle are using lethal force
against the Deputy or another person by means of other than the vehicle, or
NOTE: Response to Resistance Reports will not be used for documenting incidents of lethal force.
1. Determine the condition of any injured person, render first aid within the limits of training, and
summon medical assistance.
2. Evaluate the condition of the injured person(s) to determine if they pose an immediate threat to
the Deputy or to any other person, and secure them if necessary.
4. Remain at the scene (unless injured) until a Supervisor arrives. If the continued presence of the
Deputy at the scene might create a hazardous condition, the Supervisor should tell them to report
to another location, and
5. The Deputy will render his/her firearm "safe" and preserve it in an "as is" condition for later
examination. Handguns will remain holstered. Shotguns and Rifles will be secured in the
Deputy’s vehicle trunk, if accessible. The firearm will be submitted to the appropriate detective
or crime scene analyst when requested.
B. The Supervisor:
A Community Supervisor (enforcement) or Watch Commander (corrections) shall:
2. Ensure the responsibilities of the involved Deputy have been completed (including medical
notification).
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3. Assume responsibility for securing the scene and ensure that a crime scene log has been started.
Protect the scene as much as possible by restricting access to all but those who are responsible for
providing medical assistance or security.
a. Sheriff
b. Captain of Diversified Investigative Services
c. Captain of the Professional Conduct Review Section
d. The Peer Support Team Coordinator
5. Conduct a preliminary investigation to determine the basic facts of the incident, and
a. Locate all witnesses (sworn and civilian) to the incident and keep them separate.
b. Keep all witnesses on scene if possible and if not possible, obtain their contact
information.
NOTE: The Supervisor will retain control of the scene until specifically relieved by FDLE or
the Major Crimes Supervisor.
2. The Major Crimes Unit investigates incidents involving lethal force that do not result in death,
injury, or serious property damage (the Sheriff may still elect to engage the services of FDLE, or
have FDLE review the Major Crimes Unit’s investigation).
3. When notified of an incident, the on-call Major Crimes Unit Supervisor will respond to the scene
and:
a. Determine the need for additional detectives (or the services of FDLE).
e. If the investigation is to be turned over to FDLE, the Major Crimes Supervisor will
supervise security of the scene until FDLE Investigators arrive to assume responsibility
for the investigation.
f. If the investigation is to be investigated by the Major Crimes Unit, the Major Crimes
Detectives shall:
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(2) Separate and interview all on-scene witnesses.
(4) Secure copies of all radio transmissions, body worn and/or in-car camera
video, and telephone or other recordings from the Communications Center.
(6) Complete a detailed written report of the investigation to the Sheriff through
the chain of command for review.
4. Before interviewing or requesting written statements from involved Deputies, they shall be
advised of their constitutional rights.
5. At no time during a criminal investigation will a Sheriff’s Office Supervisor direct involved
Deputies to give a statement to Sheriff’s Office or FDLE Investigators (Garrity).
6. Weapon Collection:
a. If FDLE assumes the investigation, FDLE will coordinate the seizure of any weapons
from involved Deputies.
b. If the Major Crimes Unit assumes the investigation, a Crime Scene Investigators will seize
any weapons at the direction of the Major Crimes Detectives.
c. The FDLE Agent, Major Crimes Supervisor, or his/her designee will identify and
examine all of the firearm(s) possessed by the Deputies involved in the incident and
document the state of each firearm, including agency-issued, personally owned, or
other firearms stored in vehicles or on their person.
d. The Major Crimes Supervisor will ensure an agency armorer responds to the scene to
supply any involved Deputy with a primary duty firearm when the primary duty firearm
is collected by a Crime Scene Analyst or FDLE.
2. If training considerations had been met in the areas of drawing and exhibiting the weapon, its
discharge, and the tactics used before, during, and following its discharge,
3. The level of supervision provided before, during, and after the incident, and
4. Before returning to duty the involved deputy will complete a scenario based training provided
and documented by Professional Development.
E. When a Deputy discharges a firearm at a dangerous animal the following procedures will apply (the
following is not applicable if a firearm is discharged to end the suffering of an animal for humane
considerations):
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1. The Deputy will immediately notify a Supervisor (who will respond to the scene) and complete a
written report explaining the facts of the situation.
3. The Supervisor will interview the Deputy and other persons present to determine the facts
surrounding the incident.
4. The Supervisor will photograph the scene, including the animal (if present).
5. If the animal’s owner cannot take possession of the animal, Animal Control will be contacted.
6. The Supervisor will complete a written report to be attached to the Deputy’s report which
summarizes the incident. The report will be submitted to the Captain through the chain of
command before the Supervisor goes off-duty.
8. If a Deputy discharges a firearm at a dangerous animal and the animal is not injured, and there is
no property damage, an Administrative Review is not required unless specifically ordered by the
Sheriff.
9. If there is no injury to the animal or property damage the Captain will review the involved
Deputy and Supervisor’s reports and forward them to Professional Standards for filing.
A. Deputies are not permitted to use an intermediate defensive weapon or technique unless proficient and
qualified in its use, as determined by Professional Development. Only weapons meeting agency-
authorized specifications are permitted for use by Deputies when engaged in lawful action.
The use of physical force to subdue a person is restricted to those instances of:
1. Justifiable self-defense,
2. Protection of others,
3. Protection of property,
4. Prevention of escapes,
5. Restraining or subduing a resisting person under arrest,
6. Taking a resisting person into custody under the Baker Act or Hal Marchman Act,
7. Bringing an unlawful situation safely and effectively under control, and
8. Separating fighting inmates or moving/controlling inmates who won’t comply with lawful orders.
D. Flashlights are not intended for use as weapons. In event of sudden attack, a flashlight could be used in the
same manner as trained in the expandable/retractable baton. No other weapon including slapjacks, brass
knuckles, PR-24 batons, weighted gloves, etc. is authorized for possession or use.
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NOTE: Sworn members assigned to the Rapid Deployment Force may possess and use the PR-24
baton in accordance with Enforcement Policy and Procedure #50, Rapid Deployment
Force.
E. If a Deputy encounters a person who is attempting to ingest a controlled substance for the apparent
purpose of destroying evidence, the Deputy may use loud verbal commands and/or pain
compliancetechniques (pressure points or leverage on a joint, bent wrist transporter, etc.) to prevent the
person from inflicting self-injury and to recover the evidence.
3. Pain compliance techniques, if used, will be only those techniques approved by the Criminal
Justice Standards and Training Commission, and for which the Deputy has been trained, and
4. If a Deputy has reason to believe a person has ingested a controlled substance, the Deputy will
provide medical assistance as required by Section V above.
2. The primary purpose for using handcuffs and other restraints is to:
a. Authorized handcuffs are those manufactured by Peerless, Smith and Wesson, or ASP,
have hinged or chain-steel cuffs, and fit the same key as that issued to Deputies.
b. Deputies who handle prisoners while assigned to non-uniformed duty shall carry
handcuffs.
c. Off-duty Deputies operating marked Sheriff's Office vehicles shall carry handcuffs or
have them readily available in the vehicle.
4. Handcuffs are the primary restraining device used in all cases involving the arrest of adults and
juveniles age 12 and older, with the following exceptions:
a. Other authorized restraints may be used if multiple arrests are involved and there are an
insufficient number of handcuffs available.
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an injury, Deputies may elect not to restrain a person if they pose no escape risk or
threat to themselves, the Deputy or others.
c. Handcuffs or restraints are used only on the body parts of physically disabled persons
that are not affected by the disability.
5. Juveniles less than 12 years of age are not placed in handcuffs or other restraints unless they pose
an escape risk or danger to themselves, the Deputy, or others.
6. When handcuffs or other authorized restraints are used, Deputies maintain physical control over
the arrested person to prevent injury or escape.
7. Arrested persons are restrained with their hands behind their backs, unless a physical disability
or other condition or circumstance makes another restraining method necessary.
a. Handcuffs are to be placed on arrested persons as soon as they are under control.
b. When applied, the handcuffs should be placed between the bone at the wrist and the
hand. Deputies must check the handcuffs for proper tightness, proper position, and to
ensure they are double locked.
(1) Proper tightness: The ability to place a finger between the cuff and the side of
the wrists.
(2) Proper position: Handcuffs are double locked behind the person's back with
the backs of the hands together (palms turned outward) to minimize the
potential of injury or escape.
(3) The key slot should face outward with the round portion of the key slot facing
upward.
c. Once applied, the handcuffs should be checked to ensure adequate blood flow.
d. Handcuffs are not removed until the arrested person is inside a correctional facility, a
law enforcement facility for interview purposes, or unless medically necessary and the
Deputy believes it is safe to do so.
8. Arrested persons who have been restrained after a struggle, or who pose a threat to injure
themselves or damage an agency vehicle, should be further restrained using a Hobble Restraint
Device. A Deputy trained in the technique may place the person into a Total Appendage
Restraint Procedure (TARP), in which they are handcuffed, hobbled, and seated in an upright
position.
H. Authorized restraints:
NOTE: Additional restraint devices (such as restraint chairs) may be authorized by the Chief,
but may only be used if written procedures exist governing their use and training for
Deputies has occurred.
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NOTE: Restraint devices can be used as a Deputy response throughout the Response to
Resistance Matrix based on the Deputy/subject factors.
The following procedures will be used when reporting the use of intermediate defensive weapons or techniques.
The normal application of handcuffs does not require these procedures.
1. Determine the condition of any injured person, render first aid within the limits of training, and
summon medical assistance if appropriate, or
If the person is injured, transport the person (or have him or her transported by ambulance) to the
nearest hospital emergency room. If a person loses consciousness, hospital emergency room
personnel will examine them before they are taken to the detention facility.
NOTE: If the person has been admitted into, or is an inmate at the correctional facility, the
facility’s medical staff must be first called to the scene of the injury and approve
transport of the person to the hospital.
2. Less than lethal actions where a Deputy’s Response Level is #3 or greater, requires the action to
be documented on a Response to Resistance Report. Reports are required to be given an
administrative review by the Deputy's chain of command.
3. The Response to Resistance Report should reflect the totality of the circumstances involved.
Any statement made by the subject should be quoted. Detail the care given to the person after
control was established. The Deputy’s perceptions based upon their training and experience
should also be stated.
6. If a person has been physically restrained, but has not been arrested (for example, a person who
becomes distraught at the scene of a family member's death and must be temporarily restrained),
a Response to Resistance Report will be completed.
7. Before going off duty the involved Deputy will complete the report and submit it to a Supervisor.
If Deputies are not physically able to complete the report, a Supervisor will do it for them.
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a. Before a report is submitted for review, all required information shall be completed as
fully as possible by the reporting Deputy, the reporting Supervisor (after conducting an
investigation of the incident), medical personnel (if appropriate), and by any Sheriff's
Office personnel who witnessed the incident.
c. Supervisors at each level of the chain of command review the Response to Resistance
Report and make recommendations as to the Deputy's proper or improper response to
the resistance. Supervisors may agree or disagree with the Deputy’s action, and may
recommend that corrective or disciplinary action be taken.
d. If any one in the chain of command does not agree with the actions taken by the Deputy,
the Response to Resistance Report shall be routed to the appropriate Chief for review,
and their decision is final. They may accept the report or refer the matter to the Sheriff
with a recommendation that a Supervisory Inquiry or Administration Investigation be
conducted.
B. The Supervisor:
A Supervisor will respond to the scene and ensure that:
3. Narrative portions of any report completely and accurately describe the actions of the Deputy and
the subject,
4. The Response to Resistance Report is completed and forwarded for chain of command review,
along with witness statements from other law enforcement officers, other persons present, etc.
and
5. During the chain of command review process, any available audio and/or video recordings (ie: in-
car camera or body-worn camera systems) related to the incident will be reviewed by each
reviewing supervisor, up to and including the Captain/Director level.
A. Application:
2. The matrix is a guideline for Deputies in selecting effective and reasonable options in a verbal or
physical encounter. As a subject increases their resistance level from verbal to physical, Deputies
may have to increase the level of their own response until the resistance ceases and they are able
to gain control of the subject. As soon as a subject complies, Deputies must de-escalate their
response level to the minimum force necessary for their control.
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3. In determining the appropriate response to a subject's resistance, several factors must be
evaluated. For example, an unarmed, small-framed, female subject may be displaying Level #5
resistance but may only require a Level #3 response by the average Deputy. On the other hand, a
single Deputy faced with a large professional wrestler or football player may find that their
response to even mild resistance must be escalated to a relatively high point on the matrix. It
must be remembered that, by law, Deputies need not retreat in their efforts to lawfully control a
subject, but may use the level of response necessary to accomplish their task. However, a tactical
retreat in the face of overwhelming odds may be a wise choice.
1. Resistance Levels:
a. Level #1 - Presence:
A subject is there, on the scene, in attendance of suspicious activity.
a. Level #1 - Presence:
The Deputy is on the scene, in attendance. This includes proper voice commands
and/or other identification, body language, and awareness by the subject that they are
dealing with a Deputy.
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stance the firearm or strong side leg is back, the non-firearm or weak side leg is forward;
the feet are about shoulder width apart with knees slightly bent giving balance, control,
and a lower center of gravity; equally distributed body weight; and the hands are up in
order to guard the upper body.
c. Level #2 - Dialogue:
A two-way, controlled, non-emotional communication between the Deputy and subject
aimed at problem identification or resolution.
e. Level #2 - Touch:
A Deputy employs a soft, assisting touch when directing, or a firm, strong touch before
escalating to a higher level of force.
g. Level #3 - Transporters:
Techniques used to control and/or move a subject from Point A to Point B with
minimum effort by the Deputy in order to gain and retain control over the subject.
l. Level #5 - Incapacitating:
Techniques that are intended to stun or render a subject temporarily unconscious,
delivered with or without an impact weapon, such as a strike to a major nerve area.
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3. Additional factors that must be considered when making response to resistance decisions
including:
a. Subject Factors:
b. Deputy Factors:
(1) The size, physical ability, and defensive tactics expertise of the Deputy,
(2) The number of other Deputies present or available to assist with the situation,
(3) The Deputy's immediate reaction in the case of sudden attack,
(4) Weapons or restraint devices available to the Deputy,
(5) Sheriff's Office policy,
(6) Environment, and,
(7) Legal requirements.
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Response to Resistance Matrix
E 6 Aggravated Physical X X X X X X X X X X X X X
S X X X X X X X X X X
5 Aggressive Physical X X
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I
4 Active Physical X X X X X X X X X X X
S
3 Passive Physical X X X X X X X X X
T
2 Verbal X X X X X X
A
N 1 Presence X X X X X X
Touch
Arrival
GENERAL ORDER
D ialog ue
Response to Resistance
W eapons
Take Downs
Lethal Force
Transporters
Interm ediate
L
Incapacitation
Counter M oves
E
Pain Com pliance
Interview Stance
Verbal D irection
Restraint D evices
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L
RESPONSE LEVELS
S
X’d areas represent suggested, acceptable,
response.