Use of Force Complaint Policies

1. Require De-escalation

The Clearwater Police Department requires officers to use techniques and tactics that promote de-escalation. Clearwater Police Department policy stresses the importance of “Dialogue” to identify and resolve problems and conflict. Clearwater Police Department officers receive training in Mental Health First Aid, Crisis Intervention Training, and Implicit-Bias Training to improve the officer’s ability to communicate and resolve conflict in a peaceful way. Policy requires officers to take a position that creates time and distance so the officer can deploy de-escalation techniques.

Clearwater Police officers conduct scenario-based training three times a year. The scenarios include challenges requiring the officer to use tactics designed to de-escalate a situation.

The policies below specifically address requirements to de-escalate.

22.1 Use of Force – Clearwater Police Department members, while engaged in the lawful execution of a legal duty, will use only the least amount of force reasonably necessary to affect their objective. The use of necessary force is permitted only after all other reasonable means of effecting compliance have failed.  Unnecessary or excessive force shall not be tolerated. 

22.5 Use of Force/Levels of Resistance – Officer Response Levels – Dialogue - A two-way, controlled, non-emotional communication between the officer and subject, aimed at problem identification and/or resolution.

22.6 Use of Force/Levels of Resistance – Officer Response Levels - Tactical Positioning or Relocation – An officer recognizes an officer safety threat or risk and positions himself or herself in an advantageous tactical location or safe zone to create time and distance between himself or herself and the threat/risk in order to summon and/or await additional resources (e.g. backup) and/or deploy de-escalation techniques.

22.6 – The TASER is used to de-escalate, restrain, control, and/or subdue a violent or potentially violent person in a manner designed to minimize the possibility of danger or serious injury to both the subject and police members. Since the device causes complete disruption of the neuro-muscular system resulting in a loss of balance, there is a risk of additional injury to the subject (e.g. falling from high places; falling into traffic; or falling to the ground, etc.). 

2. Have a Use-of-Force Continuum

The Clearwater Police Department has a Use of Force Matrix (below) that identifies six levels of resistance and 16 responses broken into seven levels of response, all defined in Clearwater Police Department Policy 22.5 – Use of Force/Levels of Resistance. Officers are required by policy to evaluate the “subject/officer factors” and use the lowest level of appropriate response (below).

22.4 – The degree of force depends on what a reasonable officer perceives as necessary under the circumstances. In making this assessment, the officer should consider:

1. The severity of the crime at issue.
2. Whether the suspect poses an immediate threat to the safety of the officer or others.
3. Whether the suspect is actively resisting arrest or attempting to evade arrest by flight.
4. The totality of circumstances involved, including the officer and subject factors as outlined in this policy.

22.4 – Additional factors that must be considered when making use-of-force decisions include:

Subject Factors

1. Size, age and weight of subject.
2. Apparent physical ability of subject.
3. Number of subjects present who are involved, or who may become involved.
4. Weapons possessed by or available to the subject.
5. Known history of violence by subject.
6. Presence of innocent or potential victims in the area.
7. Whether the subject can be recaptured at a later time.
8. Whether evidence is likely to be destroyed.
9. Whether the subject is exhibiting signs of excited delirium.

Officer Factors

1. Size, physical ability and defensive tactics expertise of the officer.
2. Number of officers present or available.
3. Immediate reaction in the case of sudden attack.
4. Weapons or restraint devices available to the officer.
5. Legal requirements.
6. Agency policy.
7. Environment.

Subject factors and officer factors are not all inclusive. All determining factors must be properly articulated.

The below matrix is provided as a guide and is not entirely suited for every type of situation to the point where less force should be avoided. Force used (response levels) must always be the least amount necessary to overcome the resistance being offered while also taking into consideration the specific circumstances to include subject and officer factors. When a higher-level force is indicated as an option below, there may be circumstances where less force is appropriate, and officers should be aware of those circumstances and not rely solely on the below matrix.

3. Ban Chokeholds and Strangleholds

The Clearwater Police Department policy bans the use of the carotid restraint in any situation that is not a deadly force encounter. The previous and revised policy is below:

22.8 Neck Restraints – Officers are prohibited from intentionally utilizing vascular neck restraints, chokeholds, carotid restraints, or any other techniques that restrict an individual’s ability to breathe or that restricts the flow of blood to the brain except when deadly force is authorized as defined by policy. 

4. Require warning before using deadly force

22.7 Deadly Force – If feasible, some warning must be given before deadly force is used to include a verbal warning before shooting when appropriate. 

5. Restrict shooting at moving vehicles

22.7 Restrictions on the Use of Deadly Force – The use of a firearm or other means of deadly force shall not be permitted in the following circumstances: ... 

5. Officers should not discharge a firearm at or from a moving vehicle except as the ultimate measure of self-defense or defense of another when the suspect is using deadly force.

A. Officers shall use appropriate safety measures and shall not intentionally place themselves in harm’s way by standing or moving in front of or behind a vehicle.

B. Officers shall not reach inside an operating vehicle unless it is tactically necessary to prevent the loss of life or injury to the officer or others.

6. Require exhausting all means before using deadly force

22.7 Deadly Force – B. Officers may use deadly force as a last resort after all reasonably lesser efforts have failed when there is a reasonable believe that such force is necessary to: ...

(1) Prevent imminent death or great bodily harm to the officer or another person; or

(2) Affect the capture, or prevent the escape, of a person who has committed a felony which involved the use or threatened use of deadly force and whose freedom is reasonably believed to represent an imminent threat of death or great bodily harm to the officer or other persons.

C. Self-defense, defense of others and the presence of an imminent threat to public safety shall be the only guidelines for employing deadly force.

D. If feasible, some warning must be given before deadly force is used to include a verbal warning before shooting when appropriate.

E. No distinction shall be made relative to the age of the intended target of deadly force. 

22.1 Use of Force – Members of the Clearwater Police Department, while engaged in the lawful execution of a legal duty, shall use only the force that is objectively reasonable, or that he/she believes, based on the totality of the circumstance, to be reasonably necessary to carry out their legal duty. The use of objectively reasonable force is permitted when the subjects actions compel a prudent officer to apply force deemed appropriate according to the standard set forth in Graham v. Connor (490 U.S. 386). Unnecessary or excessive force shall not be tolerated.

7. Require Duty to Intervene

The Clearwater Police Department requires employees to report misconduct. The department policy is general to all violations of laws, ordinances, or rules. The department has conducted scenario-based training reiterating the obligation of officers to intervene when they see a person using excessive force.

213.50 Misconduct Known to Departmental Personnel – Members knowing of other members violating laws or ordinances or rules of the agency, or lawful orders, where such violation may hinder the police purpose or bring embarrassment to the agency, shall report same to their immediate supervisor.

22.3 Use of Force/Duty to Intervene – An attempt to prevent or stop the use of excessive force by another officer when it is objectively reasonable to do so.

A. When an on-duty officer witnesses another law enforcement officer (regardless of agency affiliation) utilizing excessive force, the officer shall immediately intervene when it is objectively reasonable to do so and attempt to prevent or stop the use of excessive force.

B. When necessary, medical assistance shall be summoned and/or medical aid administered as soon as it is safely and practically possible.

C. The intervening officer shall notify a supervisor of the circumstances immediately or as soon as practical. 

8. Require Comprehensive Reporting

A. Each officer or Police Service Technician assigned to road duties that uses force is required to complete a Blue Team Use of Force and the appropriate police report.

B. A Blue Team Use of Force incident and the appropriate police report will be completed whenever an officer or Police Service Technician assigned to road duties takes any action that results in injury or a complaint of injury to another person.

C. A Blue Team Use of Force incident and the appropriate police report will be completed whenever an officer uses force involving takedowns, less-lethal weapons, counter moves, strikes, or deadly force.

D. A Blue Team Use of Force incident and the appropriate police report will be completed whenever a Police Service Technician assigned to road duties uses force to include the use of OC Spray.

E. A police report only will be completed whenever an officer uses restraint devices, pain compliance, or transporters.

F. A Blue Team Use of Force incident and appropriate police report will be completed when any issued weapon is deployed and intended to strike an individual but misses the intended target (e.g., TASER shot at a running suspect and barbs miss).

G. An officer or Police Service Technician assigned to road duties who takes any action that results in (or is alleged to have resulted in) the injury of another person, applies force through the use of a weapon, or uses any physical force against another person shall immediately notify a supervisor and shall document in the appropriate police report the name of the supervisor notified.

H. A Blue Team Use of Force incident is NOT required for the following:

1. Using a firm grip control or force necessary to overcome passive resistance due to physical disability or intoxication that does not result in an injury (ex. assisting an intoxicated person to a standing position).

2. Routine handcuffing of an arrested person.

3. Routine handcuffing of a subject during transportation to a homeless outreach program.

4. Routine handcuffing of a subject during transportation to a receiving facility under the Baker Act.

5. Routine handcuffing of a subject during transportation to the jail or other facility under the Marchman Act.

6. Routine handcuffing of a subject and subsequent release of the subject without referring a criminal charge against them. An appropriate police report is still required, unless the person is being referred to the Adult Pre-Arrest Diversion Program (A.P.A.D.). A.P.A.D. referrals require documentation only in V.I.P.A.R. and the closing comments of the call for service in Tri-Tech.

7. Calls for service and S.W.A.T. operations involving only the pointing of firearms. Should an officer unholster and point their firearm for a justified law enforcement action (i.e., defense of self or others, to gain compliance, high risk traffic stops, etc.,) the officer shall document such actions in the ACISS report or in a supplemental report. Any use of force beyond the pointing of firearms must be documented by the individual officer(s) utilizing the use of force.

I. Any time there is an unintentional discharge of the TASER, a supervisor must be contacted.

J. The agency participates in the F.B.I. National Use-of-Force Data Collection. The Office of Professional Standards Commander will be the point of contact for this process and will report, via FIBRS, the following use of force events as established by the program:

1. When a fatality to a person occurs connected to use of force by an officer.

2. When there is serious bodily injury to a person connected to use of force by an officer. (Serious bodily injury is bodily injury that involves a substantial risk of death, unconsciousness, protracted and obvious disfigurement, or protracted loss of impairment of the function of a bodily member, organ, or mental faculty.

3. In the absence of either death or serious bodily injury when a firearm is discharged by an officer at or in the direction of a person.

Policies Referenced

22 – Use of Force & Firearms

212 – Personal Responsibility & Excellence Issues

213 – Integrity Issues

Statistical Data