HomeMy Public PortalAboutPRR 20-2796
Renee Basel
From:Destinie Baker Sutton <dbs@destinielaw.com>
Sent:Thursday, June 25, 2020 3:11 PM
To:Rita Taylor
Subject:Public Records Request Use of Force Policy (Gulfstream Police Department)
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Dear Sir or Madam,
I am the Legal Action and Policy Chairperson of the F. Malcolm Cunningham, Sr. Bar Association. On behalf
of this organization and pursuant to Article I, section 24 of the Florida Constitution, and chapter 119, F.S., I am
requesting an electronic copy of the following public records to be delivered to dbs@destinielaw.com:
use of force policies
1.All policies and procedures regarding your agency’s that govern the law
enforcement officers employed by your agency with regard to the amount of force you deem necessary
to bring an incident under control, make an arrest, or protect themselves or others.
If there are any fees for searching or copying these records, please inform me before filling my request. Also, I
request a waiver of all fees for this request since the disclosure of the information I seek is not primarily in my
commercial interest, and is likely to contribute significantly to public understanding of the operations or
activities of the government, making the disclosure a matter of public interest.
If you have any questions in the interim, you may contact me at 561-459-9444 or dbs@destinielaw.com.
Destinie Baker Sutton, Esq.
Destinie Law Firm, PA
2101 Vista Parkway, Suite 4004
West Palm Beach, Florida 33411
Office: (561) 295-8233
Mobile: (561) 459-9444
E-mail: dbs@destinielaw.com
Website: www.destinielaw.com
1
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TOWN OF GULF STREAM
PALM BEACH COUNTY, FLORIDA
Delivered via e-mail
June 30, 2020
Destinie Baker Sutton [mail to: dbs@destinielaw.com]
Re: GS #2796 (Use of Force Policy (Gulf Stream PD))
On behalf of this organization and pursuant to Article I, section 24 of the Florida Constitution,
and chapter 119, F.S., I am requesting an electronic copy of the following public records to be
delivered to dbs@destinielaw.com:
1. All policies and procedures regarding your agency’s use of force policies that govern
the law enforcement officers employed by your agency with regard to the amount of force you
deem necessary to bring an incident under control, make an arrest, or protect themselves or
others.
If there are any fees for searching or copying these records, please inform me before filling my
request. Also, I request a waiver of all fees for this request since the disclosure of the
information I seek is not primarily in my commercial interest, and is likely to contribute
significantly to public understanding of the operations or activities of the government, making
the disclosure a matter of public interest.
Dear Destinie Baker Sutton [mail to: dbs@destinielaw.com]:
The Town of Gulf Stream has received your public records request dated June 25, 2020. You
should be able to view your original request and response at the following link:
http://www2.gulf-stream.org/weblink/0/doc/171581/Page1.aspx
We consider this request closed.
Sincerely,
Reneé Rowan Basel
As requested by Rita Taylor
Town Clerk, Custodian of the Records
GULF STREAM POLICE DEPARTMENT -Use of Control
USE OF CONTROL
EFFECTIVE: 07/01/07
Updated New: 6/15/20
I. POLICY: Gulf Stream Police Officers are
permitted to only use the degree of force that is
necessary to accomplish their lawful objectives.
Officers must be reasonable in their actions when
using any type of force. In situations involving non-
lethal force, an officer should attempt to exhaust all
alternatives before resorting to physical force.
Gulf Stream Police Officers are authorized to use
lethal force when there is reason to believe that
such force is necessary to protect life and prevent
or minimize great bodily harm. Officers must always
bear in mind that the use of lethal force will be
limited to situations where there is an imminent
threat of death or great bodily harm.
Whenever any type of non -lethal or lethal force is
used, the officer will charge the subject(s) with the
appropriate resisting arrest charge for the level of
resistance.
II. DEFINITIONS:
A. Non -Lethal Force -Force that is not likely to
cause death or great bodily harm.
B. Lethal Force - Force which is likely to cause
death or great bodily harm.
C. Force Continuum - A term that is used to
designate appropriate conduct for an officer
when using force to establish control of a
resisting subject. The level of force necessary
to establish control is directly related to the level
of resistance an individual is exerting.
D. Control — Levels of force used by an officer
to influence or overcome the unlawful or
physical actions of a subject.
E. Resistance - The subject(s) attempt to evade
an officer's attempt(s) to control.
F. Great Bodily Harm - A condition which
creates a substantial risk of death or serious
injury to the officer or another person.
G. Probable Cause (Reasonable Belief) - The
facts and circumstances that the officer knows
or should know, based on reasonable
trustworthy information sufficient to warrant a
prudent person to act or think in a similar way.
SOP # 4.01
III. USE OF CONTROL CONTINUUM:
A. The officer's levels of Control -
1. Officer Presence- Identification of
authority.
2. Verbal Direction - Commands of direction
or arrest.
3. Aerosol Subject Restraint (ASR)/OC.
ASR can be used:
a. when less control techniques in all
likelihood may fail, or
b. when greater control techniques in
all likelihood may lead to injury.
4. Soft Control /Passive Resistance -
Techniques that have a minimal chance of
injury to the officer and/or subject(s)
involved, but have a high probability of
control. Examples include:
a. escort position,
b. pressure points,
c. empty hand joint locks,
d. assisted empty hand arm locks using
impact weapons,
e. handcuffing and/or supplemental
restraints.
5. Hard Control Techniques - Techniques
that have a probability of injury to the
subject(s) involved and a high probability of
control. Examples include:
a. punches and kicks,
b. impact weapon strikes,
c. less -lethal force, and
d. canines (K-9).
6. Lethal Force - Force that is likely to
cause death or great bodily harm.
IV. LEVELS OF RESISTANCE:
A. Subject's Actions:
1. Psychological intimidation — Nonverbal
cue indicating subject's attitude,
appearance, and physical readiness.
2. Verbal noncompliance - Verbal
responses indicating unwillingness to
comply, or threats.
3. Passive resistance - Physical actions
Page 1 of 8
GULF STREAM POLICE DEPARTMENT -Use of Control
that do not prevent the officer's attempt to
control and no attempt is made to harm the
officer (example: going limp).
4. Defensive resistance - Physical actions
which attempt to prevent the officer's
control, but no attempt is made to harm the
officer, (example: a person simply clutches
his or her arms tightly to the chest to
prevent the application of handcuffs or pulls
away).
5. Active aggression - Physical actions of
assault and/or battery.
6. Aggravated active aggression - Lethal
forces encounter or takes officer(s) OC
spray or other non -lethal weapon.
B. Officer's Perception of Danger and Level of
Resistance:
1. When an officer determines that he or
she must use force, the level of force used
would be dependent upon the officer's
perception of the resistance and/or whether
the resistance is placing the officer or
others in jeopardy of serious injury or
death.
2. If the officer's presence and verbal
direction are not successful in establishing
control, the officer is trained to escalate the
level of control.
a. Escalating the level of control is
accomplished by using the "One Plus
One Theory" of escalation and only
escalating to the next level of force that
is justified and/or necessary
considering the amount of resistance
given and the potential for injury to the
subject by using that type of control.
3. It is not necessary to escalate or de-
escalate through all steps to reach another
control level, the officer may use any
appropriate level of force to gain control.
V. USE OF NON -LETHAL FORCE:
A. All force used by a Gulf Stream Police
Officer, whether it is non -lethal or lethal, will be
only that force necessary to effect lawful
objectives.
B. Non -lethal force may be used by an officer,
when necessary, to effect an arrest, to
overcome resistance to an arrest, for self-
Page 2 of 8
SOP # 4.01
defense, to prevent an escape, or to perform
other official duties.
1. Non -lethal force will be used only when
necessary, and then, only the necessary
force to control the situation will be used.
2. Any officer applying non -lethal force as
defined in this policy will be prohibited from
using a lateral vascular neck restraint (i.e.,
"choke hold").
VI. USE OF LETHAL FORCE:
A. Police officers of this department are
authorized to use lethal force when there is
reason to believe that such force is necessary.
1. Officers using force will use only the
degree of force necessary to effect their
lawful objectives.
B. When using lethal force to protect life, the
element of effecting an arrest need not be
present.
C. The following is when the use of such force
is the only reasonable option:
1. To prevent the imminent threat of death
or great bodily harm to the officer and/or to
another person.
D. When feasible, the officer will give a verbal
warning prior to the application of lethal force.
VII. DUTY TO INTERVENE
A. Any officer present that observes another
officer using force that is beyond what is
considered reasonable under the
circumstances or believes that another
officer is about to use unnecessary force,
shall safely intervene to prevent the use of
such force. All acts of excessive use of
force shall be immediately reported to the
shift supervisor, the Chief of Police, or his
designee.
VIII. INJURY FOLLOWING USE OF FORCE:
A. Whenever any type of force is used or any
action is taken that results in the injury or death
of a person, the officer using the force will,
immediately or immediately after the situation or
person is brought under control, notify a
supervisor to respond to the scene.
GULF STREAM POLICE DEPARTMENT -Use of Control
B. Dispatch will be contacted immediately to
summon medical aid whenever the use of force
results in injury, there is an observable injury or
a complaint of injury.
IX. USE OF FIREARMS:
A. Officers are not justified in the use of a
firearm against a misdemeanor offender unless
a misdemeanor arrest escalates to the point
that the officer must defend himself or herself or
another from death or great bodily harm.
B. An officer may use a firearm to destroy an
animal for self- defense or to prevent
substantial harm to another.
1. If an animal is injured or killed, the officer
will contact his or her supervisor
immediately and notify them of the
situation. Palm Beach County Animal
Regulation will be requested to respond
and handle the injured animal. The officer
will make a reasonable effort to contact the
owner.
2. When an animal is destroyed by an
officer, a review will be conducted by the
officer's supervisor as described in SOP #
27.01.
C. Officers are prohibited from shooting a
firearm when it appears likely that an innocent
person may be injured, except in a situation that
is life threatening to the officer or another.
D. Officers should not shoot a firearm at or from
a moving vehicle except in a situation that is life
threatening to the officer or another.
E. Officers who are authorized to carry
revolvers will fire double action at all times.
F. Nothing in this procedure will preclude an
officer from unholstering and displaying his or
her firearm when the possibility of danger to
anyone exists.
G. Under no circumstances will a warning shot
be fired by a Gulf Stream Police officer.
H. Whenever an officer discharges a firearm on
or off duty, other than for training or recreational
purposes, the officer will notify a supervisor of
the incident. This will include all incidents
involving accidental or unintentional discharge
of any firearm by a member and includes a
primary firearm, secondary or back up firearm,
SOP # 4.01
shotgun, or off-duty firearm.
1. A supervisor will respond to the
scene of the incident within the town limits
to conduct an administrative investigation.
2. A supervisor or designee may respond
to the scene of the incident outside the
town limits to conduct an administrative
investigation
3. The officer will, as soon as possible after
the incident, complete a report of the
circumstances surrounding the discharge
so an investigation may be completed
(SOP # 27.01).
X. PROCEDURE FOR USE OF CONTROL
REPORT:
A. The incidents which require a Use of Control
Report (Appendix A) are:
1. Whenever a person is injured as a result
of using a police canine for apprehension.
2. Whenever physical force is used on any
person including, but not be limited to;
a. When a person is charged with
resisting arrest as a result of physical
contact with an officer;
b. When there is any observable injury
or complaint of injury to any subject(s)
or police member(s) as a result of
physical contact between the subject(s)
and member(s);
c. Whenever an officer strikes a subject
with an impact weapon or any object;
d. Whenever a member uses oleoresin
capsicum spray or other approved
chemical agents and
e. Whenever a firearm is drawn and
pointed at a person to gain control.
3. Whenever a firearm is discharged on or
off-duty other than for training or
recreational purposes.
a. If the discharge of a firearm is
accidental and no control of persons is
involved, a supervisor will complete a
report in memorandum form. A copy
Page 3 of 8
GULF STREAM POLICE DEPARTMENT -Use of Control
will be forwarded to the Chief of Police
for review.
b. If there is a discharge of a firearm,
intentional or accidental, during a use
of control incident, the Chief of Police
will be notified of the incident
immediately. The Chief of Police will
determine who will investigate the
incident.
c. PBSO and the State Attorneys
investigator(s) will respond to police
shootings where injury is involved.
4. When a death results from a use of
control incident, the on-call division
commander will be notified and PBSO
Investigator(s) will be called to investigate
the incident.
a. The State Attorney's Office will also
be notified to respond.
5. Any in custody deaths will be
investigated by PBSO.
a. The State Attorney's Office will also
be notified to respond.
B. It is the responsibility of the member involved
in a use of control incident to report it to his or
her shift supervisor immediately after the
incident is brought under control.
Original 07/01/07
Page 4of8
SOP # 4.01
1. Any time a member uses control, he or
she is required to submit a written report
documenting the incident. It will be the
responsibility of the shift supervisor on call
supervisor to assure that the Chief of Police
is notified whenever a police officer is
involved in a shooting incident or an in -
custody death occurs.
C. It will be the responsibility of the supervisor
to complete the Use of Control Report.
1. The Use of Control Report is written by
the supervisor and the report will be
submitted to the Chief of Police.
D. All Use of Control Reports and accidental
discharge memorandums will be forwarded to
Chief of Police when completed for review.
1. If an administrative investigation is
Requested, the request will be forwarded
along with the Use of Control Report to the
Chief of Police.
XI. REFERENCES:
• SOP # 4.02 Weapons and Ammunition.
• SOP # 17.07 Vehicle Pursuits.
• SOP # 27.01 Internal Affairs Function.
• Chapter 776 of Florida State Statutes Justifiable
Use of Force.
• Tennessee vs. Garner, 105 S.Ct. 1694,1701
(1985) provides sufficient justification for limiting
use of deadly force to those instances where a
suspect poses an immediate and imminent
threat of serious physical harm to the officer or
others.
Edward K. Allen, Chief of Police
GULF STREAM POLICE DEPARTMENT -Use of Control
APPENDIX A
Case#_
Location
Last Name
Address_
Sex
GULF STREAM POLICE DEPARTMENT USE OF CONTROL FORM
Date Time
SUBJECT INFORMATION
First Name Initial
City State
Race Height Weight
Impaired by Drugs or Alcohol: Yes No Unable to determine
A.K.A.
A.K.A. D.O.B.
SOP # 4.01
Injury received: Yes No
No apparent Injury
If yes, describe in detail
Medical Treatment -Paramedic: Yes
No
Paramedic #1
Paramedic #2
Medical treatment -Hospital: Yes
No
Hospital
Physician's Name
Photographs Taken : Yes
No
Polaroid 35MM Digital
Photograph(s) Taken by :
Date / Time
Weapon involved : Yes
No
Type of Weapon
Charges: RESISTING W/ VIOLENCE
RESISTING W/O VIOLENCE BATTERY ON LEO
Other Charges Specify
Last Name
On Duty: Yes No.
Officer Injury received : Yes
OFFICER INFORMATION
First Name
Extra Duty Detail In Uniform : Yes
No If Yes, describe in detail
Medical Treatment -Paramedic: Yes No Paramedic #1
Paramedic #2
Medical treatment -Hospital: Yes No Hospital
Physician's Name _
Photographs Taken : Yes No Polaroid 35MM
Photograph(s) Taken by :
Weapons / Instrumentalities / Tactics Used :
Physical (Hands, Feet, Fist, Elbow or Knee)
K-9 Agency / Handler
Firearm : Make Model _
# of Rounds Expended
Other Specify
Initial ID#
No
Digital _
Date / Time
Impact (Asp, Baton) OC Spray (see OC section)
other Agency Case #
Serial # Caliber
Type of Ammo
Original 07/01/07
Page 5 of 8
GULF STREAM POLICE DEPARTMENT -Use of Control
Signed
Print name Date
SOP # 4.01
IMMEDIATE SUPERVISOR REVIEW Name Rank Date
Comments
STAFF REVIEW Name
Comments
CHIEF OF POLICE
Page 6 of 8
Rank Date
TE
GULF STREAM POLICE DEPARTMENT -Use of Control
Subject sprayed: Outside
Skin Color: Dark
Weather Conditions
Effects Of Spray:
OC SPRAY SECTION
Inside (Building or Vehicle) Approx. Seconds sprayed
Medium Light Was subject perspiring Sun Burned
Day Night Sunny Rain
Was Subject sprayed more than once : Yes No # Of Times
Actions taken to neutralize or alleviate effects of spray:
POLICE EMPLOYEE(S) Name
Name
Supplemental Report Filed:
CIVILIAN:
Name
Last
Address
Phone #
Name
Last
Address
Phone #
Yes No
WITNESS INFORMATION
Name
Name
First
City / State _
First
City / State _
SOP # 4.01
Middle
Middle
INCIDENT
COMPLETE DETAILED NARRATIVE OF OCCURRENCE. (USE ADDITIONAL SHEETS IF NECESSARY.)
Pdye 7 ui 8
GULF STREAM POLICE DEPARTMENT -Use of Control
Page 8 of 8
SOP # 4.01