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.

103.001 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. 

103.25 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.

103.25 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.

103.701 - 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 103.25 – 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).

103.251 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.

103.252 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.

The above listed subject and officer factors are not all inclusive. The officer(s) employing physical force must properly articulate any and all determining factors.

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.

Please contact (727) 562-4242 for full description of chart

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:

Previous:

102.006 Policy/Use of Carotid Restraint Technique - The intentional use of the carotid restraint technique is considered deadly force and officers are prohibited from using this method to control or subdue suspects or prisoners.

Revised:

102.35 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

102.30 Policy/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

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 

102.31 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

102.005 Policy/Use of Firearms - The firing of a firearm in the direction of any person or any occupied vehicle shall be considered as deadly force.

102.32 The use of deadly force on a subject in a vehicle does not eliminate the threat or danger posed by a moving vehicle.  When dealing with subjects in vehicles, officers shall employ all reasonable means available to move to an area of safety if the vehicle becomes a threat.  When encountering a vehicle, 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 or reaching 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

102.30 Policy/Deadly Force - An officer of the Clearwater Police Department may use deadly force only as a last resort after all reasonably available lesser efforts have failed when there is a reasonable belief 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.

No distinction shall be made relative to the age of the intended target of deadly force. Self-defense, defense of others and the presence of an imminent threat to public safety shall be the only guidelines for employing deadly force. If feasible, some warning must be given before deadly force is used to include a verbal warning before shooting when appropriate. 

103.001 Policy/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.  

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.

Current Policy:

213.50 Misconduct Known to Departmental Personnel - Employees knowing of other employees violating laws or ordinances or rules of the department, or lawful orders, where such violation may hinder the police purpose or bring embarrassment to the department, shall report same to his or her immediate supervisor.

Revisions to current policy:

102.20 Policy/Use of Force/Duty to Intervene - Employees of the Clearwater Police Department, while engaged in the lawful execution of a legal duty, will use only the force necessary to affect their legal duty. 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.

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.   

103.20 Policy/Use of Force/Duty to Intervene - Employees of the Clearwater Police Department, 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.

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

The Clearwater Police Department requires use of force to be reported when it involves pointing a firearm, the use of a takedown or higher, or results in any injury to a prisoner. The officer who uses force as described above is required to notify the on-duty supervisor, complete the appropriate police report, and document the use of force in the department’s “Blue Team” software. The use of force is then reviewed by the officer’s chain of command. This process is defined in Clearwater Police Department Policy 102.50 Documentation of Use of Force and 103.30 Documentation of Use of Force. This department has an Early Intervention Program that is triggered when officers meet a threshold of use-of-force incidents even when those uses of force are found to be incompliance. The department reports use-of-force data monthly and analyzes the data annually.

Policies Referenced:

102 – Use of Force & Firearms

103 – Less Lethal Force

211 – Early Intervention Program

213 – Integrity Issues

Statistical Data

Arrest & Use Of Force Incidents
2018 2019 % Change
Calls for Service 78319 75427 -3.7%
Arrests 6138 5860 -4.5%
Use of Force Incidents 159 175 +10%
% 2.6% 3.0%

 

Citizen Race
2018 2019 % Change
Asian 0 0 0
Black 57 85 +49%
Hispanic 26 17 -35%
Other 1 4 +300%
White 71 70 -1%

 

Citizen Gender
2018 2019 % Change
Female 17 27 +59%
Male 140 149 +6%

 

Officer Injuries
2018 2019 % Change
No Injuries 116
113
-3%
Total Injuries 28 33
+18%
Minor (No Medical Treatment) 21 16
-24%
Minor (Medical Treatment)
7 8 +14%
Hospitalized (Admitted) 0 1 +100%
Fatal
0 0 0%

 

Citizen Injuries
2018 2019 % Change
No Injuries 47 56 +19%
Total Injuries 120 123 +2.5%
Minor (No Medical Treatment) 31 51 +65%
Minor (Medical Treatment)
88 68 -23%
Hospitalized (Admitted) 0 3 +300%
Fatal
1 1 0%

 

Use Of Force Complaints
Use of Force Contrary to Policy Allegation (212.50) 2018 2019 2020 YTD
Total 9 6 2
Open 0 0 0
Unfounded 7 4 2
Exonerated 1 0 0
No Conclusion 1 0 0
Sustained 0 2 0
Suspensions
0 2 0
Deadly Force Contrary to Policy (212.51) 2018 2019 2020 YTD
Total 1 1 0
Open 0 0 0
Unfounded 0 0 0
Exonerated 1 1 0
No Conclusion 0 0 0
Sustained 0 0 0

 

Early Intervention Reviews
2018 2019 2020 YTD
9 9 3

 

SWAT Statistics
2018 2019 2020 YTD
Emergency Callouts
(does not include warrants)
0 2 1
No Knock Warrants 0 0 0