Joint Appendix Volume IV

    IN THE UNITED STATES COURT OF APPEALS 
FOR THE SIXTH CIRCUIT 

NO. 81-5605

CLEAMTEE GARNER, et al.,
Plaintiff-Appellant, 
vs.

MEMPHIS POLICE DEPARTMENT, et al.,
Defendant-Appellees.

Appeal from the United States District Court for the 
Western District of Tennessee 

Western Division

JOINT APPENDIX 
VOLUME IV Pages 1135-1613

JACK GREENBERG 
JAMES M. NABRIT, III 
STEVEN L. WINTER 

Suite 2030 
10 Columbus Circle 
New York, New York 10019

WALTER L. BAILEY, JR.
Suite 901, Tenoke Building 
161 Jefferson Avenue 
Memphis, Tennessee 38103

Counsel for Plaintiff-Appellant



INDEX

DOCKET ENTRIES ........................
COMPLAINT ..............................
MEMORANDUM OPINION of September 29, 1976
JUDGMENT of March 3, 1980 .............
MOTION FOR RECONSIDERATION ............ .
MEMORANDUM IN SUPPORT OF MOTION FOR 

RECONSIDERATION ..............
ORDER of May 29, 1980
LETTER TO HON. HARRY W. WELLFORD of May 

12, 1980 .........................
ORDER of July 8, 1981 ...........
JUDGMENT of July 8, 1981 ........
NOTICE OF APPEAL ................
TRIAL TRANSCRIPT of August 2, 1976 
PLAINTIFFS' OFFER OF PROOF.......

Part 1 
Part 2 
Part 3 
Part 4

Part 5

Part 6 
Part 7 
Part 8:

Part 9;

Bracey Affidavit . 
Sherman Affidavit 
Fyfe Affidavit ...
Priliminary Report of Mr• 
C.H. Cole ..............
Deposition of Edward R. 
Fredrick .............
Deposition of Wyeth Chandler , 
Deposition of Winslow Chapman
Civic Crisis - Civic Challenge 
Police - Community Relations 
in Memphis .................. .
Excerpt of Community concerns: 
Use of Deadly Force .........

Page
1

6

22

47
48

50
53

54
55
63
64
65 

760 
765 
111 

787

798

819
875
916

120

1074

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Part 10: Compilation of Municipal
Deadly Force Policies .............

Part 11: New York City Police Department
Training Materials ................

Part 12: Raw Data Arrest by Memphis
Police Department 1963-1974 .......

Part 13: Incidents Memphis Use of Deadly
Force Against Property Crime Suspects 
and Boston Deadly Force Policy 
(Wiley Appendices) ................

Part 14: Excerts Trial Record Wiley v.
Memphis Police Department .........

Page

1108

1369

1409

1458

1477

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i • ■ITffi USE OF DEUDLY FORCE BY 

BOSTON POLICE PERSONNEL

V

Boston Police Departriont 
Planning and Research Division 

May 5, 1974



TABLE OF CONTENTS

Introductlon

Current Fireer ir Discharge Policy
 ̂̂  the Boston 1 I ce Depar rr̂ ent. page I

Current Review Procedures In
the Boston Pol Ice Department...........................page 2

Boston Police Firearm Discharges (1970-1973).......... page 4

Discharge 'Summary Charts....... ........................page 10

Firearm Policies of Other Large-City
Police D p jrtments.................................. pape 13

Review ̂'oocies of Other Departments..................... page 17

Judiclr I Review - A Legal Perspective................... pane 24

Generc; I Considerations................................pace 26

Third Annual Report of the Use of Service
V/eapons Review Beard - V/ashington, D. C ............ Appendix A

Use of Deadly Force - Policy Options............... Appendix B

1136



INTRODUCTION

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The use of force, and specifically the use of firsa^s by 

police officers, is an issue that has evoked a considerable amount 

of discussion in recent years. This dialogue has shosn signs of 

increasing in both frequency and intensity. Indeed, each time a 

suspect is fatally wounded by a police officer, the issue comes 

under the glare of close public scrutiny and questioning.

This high visibility, and the irrevocability of deadly force 

it imperative that the Boston Police Department carefully 

and objectively revieu the policies, rules, and regulations governing 

application of such force by its members. The use of a firea™ is 

the ultimate force that a police officer can apply. Because of 

many possible ramifications from the use of firearms the Department 

Should oonstantly be alert to ways In which, through proper regulation, 

the use of such force can be kept to the minimum amount-necessary.

It is important to understand, first and foremost, that society 

has undergone fairly dramatic changes within the last IS years. The 

evil rights movement, the war and its resultant domestic conflicts, and 

the broad dissatisfaction among students and you.ng people, have all 

been Indications that our society has been involved in a significant 

metamorphosis. It is essential that the proposed ohanges in the De­

partment's firearm's policy be considered in the context of an over­

all change in the traditional views of the rote and function of the 

police, keeping in mind that these proposed changes in policing are 

an outgro’.vth of tho broader changes in society.

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Because of the r.agnitucie of the problen end the neny questions 

that are raised, we have seen the need to discuss certain important 

areas under individual headings. This approach, while significantly 

clarifying these areas, may also present a possible barrier to 

attaining an overall perspective of the entire firearms question; we 

have therefore included a section cf general considerations ; 

which, while based largely upon the data contained herein, do not 

lend themselves to a strictly empirical evaluation. Hopefully, 

this will serve as a basis for discussing the policy options set 

forth in the final section.

It has not been cur purpose to, at any time, focus on an in­

dividual case or a particular unit v/ithin the Department. In those 

few instances where specific incidents are cited, they have been 

mentioned as being representative of a parficular Issue or problem 

area that we believe is relevant and should be dealt with as such.

The need for widespread public support of the police Is clear. 

This support can only be obtained if a large segment of the commiunity 

has faith In the integrity of the police. Yet overseeing the 

activities of the police is almost exclusively an Internal function, 

with little public Involvement. Clearly, the public must be con­

vinced that the police are doing a thorough job of self-regulation. 

Nov/here is this more important than v;hen the police officer uses 

deadly force, particularly when he discharges a firearm.

1138



CURRENT FIREARMS DISCHARGE POLICY 
IN THE BOSTON POLICE DEPARTMENT

rf The present policy for the use of deadly force by oerr.bers of 

the Boston Police Department is set forth under P,ule 35, U=e of 

Revolvers and Clubs. The following circumstances are listed: 

under which an officer may fire his weapon:

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a. To defend himself from death or serious injury

b. To defend another person unlawfully attacked from death

or serious injury

' c. To effect the arrest or to prevent the escape, when other 

means are Insufficient, of a convicted felon or of a per­

son who has committed a felony in the policeman’s presence.

d. To kill a dangerous animal, or to kill an animal so badly 

Injured that humanity requires its removal from furrher- ..

suffering.
e. To give an alarm or to call assistance for an important 

purpose when no other sufficient means can be used.

In addition to these guidelines, there Is an addendum, located 

near the back of the manual which gives advice to officers relative 

to particular situations. These comments, however, are not re-

guI at Ions.

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CURREMT REV IB'/ PROCEDURES 
IN THE

BOSTON POLICE DEPART?-1ENT

our research Illustrates that Just as different departr,ents 

nave differing policies that regulate the discharge of a fireana.

u ri---̂ carAnt -^thods of reviewing those discharges, they also have dinerent
A,r.st all of them begin their follow-ua procedure with a written 

filed by the officer. Generally, the officer’s 

coLanding officer oversees this report and often carries out an 

investigation, at the conclusion of which he submits his recom­

mendation. It Is at this point that differences emerge among 

various departments, in some cities, including Boston, the re­

port is forwarded directly to the Corrmissioner’s Office. In 

others, internal Affairs or a similar branch of the department 

initiates a foll=w-up investigation. In still other departments, 

a firearms discharge review board handles the investigation.

Inihis Depa.-tment, the Involved offloer submits a report to 

his commander. The commanding officer, usuaiiy the District Captain, 

than files a report with the Commissioner’s Office, included in 

this report is the Commander's conclusion as to the Justiflabillty

of the discharge.



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. . De,.rt.e.t, further <nvest.gat.o„ o,
preseatw ■" one or

cargo .nC.ents W  Interna, ^.t=> 

n»re of the fo, io«1n9 actions-. ̂

,_ T„e investigating neccrmand disciplinary
,he JnstifiabiUty of the . ,.„Carges reported in

7 , ; ,  Cor.-»,nding O ffice r  r.ade
1 9 7 2, there wes no
such a recon-^endation

H  a fatality .s - -  ve  ̂ , 3  generally

, investigation. Hoveve , ^

- " ^ " " ^ ^ “ " ^ " C r Z - p o l i o v a r  rales, 

the patter of c « l  -a ^ ,

Should a complainT „^r-ttcatIon will ensue.
. . is likely an »nveoii92'‘

^ r T i t i s e n  observes an officer asing his weapon in 

■"’ , ne an irresponsible manner, that oitisen
c a t  he believes to be an P„n exaople.

can bring this to the at.en , 

in the preceding year, a women
.,r̂ •=? led a ccmplalnT.

aestroyed by officer and .He ,„,,3tigation if deemed
„ itself initiate an inVvSTisInternal Affairs may Its

T i C t  investigation  can be condscted a t the b e ^

^^issioner's ,^^^^,,,3 ted two shooting
,n ,972, the Interna nld

incidents. One involved the acc -  mentioned above
•mi-Hated pursuant to

, child, the other was snstroyed by officers.
3 Udy Whose dog hod been destro,

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BOSTON POLICE FlRE.iR*MS DISCHARGES - (1970-1973)

The catergorlzing of police officers' use of their service weapons 

Is a relatively new concept. Only recently have some departments 

beaun to keep a record of the number and types of tirearm.s dis­

charged by their officers. At present, this Department keeps no 

such records-

Therefore, we have undertaken a long term study of the Incidents 

of firearms discharges by officers in this Department. Because a 

four year period was reviewed at once with no previous accounting 

of these discharges, not all firearms discharge reports for the 

research period were available.

However, despite the fact that some reports are missing, the 

survey was taken over a long enough time period to provide a sig­

nificant sample, thereby maximizing the reliability of the data 

obtained.

The total number of discharges reviewed numbered 210. The

yearly breakdown v;as as fol !ov/s: 1970-37, 1971-62, 19/2-70, 1973-41

(Jan. - Hov.). As was previously mentioned not all discharges are

Included in these totals, therefore we will not breakdown the 
/

figures on a yearly basis, but rather use the total for four years.

There are two clearly distinguishable categories into which

most of the 210 discharges fall. The first of these is a shooting

Involving a suspect fleeing from an attempt to apprehend him. The

other Involves an assault end battery on a police officer. There is

one additional category which v/e will refer to as i4i see I I aneous.
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-fan  in to  the  t'wo o the r 
•nr-.d-nts which do not f a l i

ln cw .e s various en.

„aJor groupings; e.g., =' that there

destruction of injured an.ra s. ^^tegorles, rather
j official about .hese Tnr

1 3 nothing sacra of presen-
these distinctions seeded th.

to+ io ": . t a t  were reviewed, 102 uere in  response

Of the 210 discharges , ^
I n none o f these

to 0 ‘'oe'no oignificanoe in this
assault on a police o ^  «tich the suspect is
category is the nature of .he o , . ^

wailted. precipitated a shooting incident
the ^ s t  freguent o ff ic e r s  f ire d  their •

R rp ak in g  shd E n te ri -g» j.* oc +he sc e n a r iovjas Brear^iny O ftentim es Tne

«eapons whiie responding to such a o -

evoives With the officers arriving 
eating a bui.ding in a su sp ic ious .anner.gi

their weapons. ^^regory is robbery.
The second most f requen ^

. . , 9 shooting inciden.s.
Which accounred to robberies.

ic+W'b' few'were an.-'-
peg snatches. u rce n y .which precip itated

" “̂ “ U i r - s t  a n  of these cases the iarceny was o a

16 discharges. I" ai®=

tor vehicle. „ffica-s firing their weapons

«as suspects fleeing ^,3p3rts -e, e

occasions this occurred, ■  ̂ ,„,,3ste .

' wanted for serious of fenses,^ m̂ any



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. . h 'warrant wss Issued. There
the offense for wh-h • -  ̂ .,o,a-
Of assault and battery on a ,,scbarg.ng

-  - - - - -  : : t , , 3:arges resulted f r »  f.eeln. euspeets
his weapon. The re...a .  ̂gun (2), eh escaping prisoner
„3„ted for rape (31. possessions
(2 ) and narcotics (11- '̂ '̂ diti ^f,at fa l led to mention the

, ,,.nges in response to fleeing suspects ,

suspected offense. firearms discharges

another inporrent „hen

T Z  unaer no circumstances approving
firing. This Department. ,ne service revolver
warning shots, does -tbor.ze^t

" - ^ ^ " " ^ " ' " ■ r a l r l r  ground in an effort to attract the

,ut IS fired into the a,r ,,3-

nttention of other pol >oa ■ ^ne

charges In the fleeing suspe^^^ ^.^istance" numbered 40.

 ̂ suspect. Those that were ,„nd

AdditionaUy. there wer, ^
- a t  a suspect end ..for assis^^^_-^^^^^

wihl+ion aqainst sucn
ofticlal prohibit, „,,3 nnins shots... ■

fhat were official W  repor
.ciHpration reiai w e  ■

A final ^ not the suspect was

. . . . . ... ....
 ̂ In some Instar.cGS, pa However, thearmed, 'r* .c--,on to answer. ™  •'=.. a dwf'celt quss. ion TO

apprehended, this Is

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,-ctat3 S an oxan.',nation of th®
of the question i -jnration of only

ohvloos l:n.ottah« ,^^oWe considera ^
one po==5'='® .„ce it v.°u'<J ^eonung'V

ts «ho veto apprehended, a o‘weapon in
those sueP - „rtain whether ■ „ssihii'tY

■ me to determine for c-rt ^ne pos='‘'
eion However, th is  approach ^ ^„nsuit.

th e ir  possess- • f their weapons du ,,ose
could ge-̂  . n̂ried categor/
have ihciuded in the ^PPar nands.

Therefore, had "an oP ̂ ^ ^

who W6 ®̂ • ,u  ̂+he objoC'
" ' learW established tha, otentiallVunless it was CIS .^e category includes- V

is noted that the  ̂ criteria, out
weapon.  ̂tIreanti- Us-S unarmed.
deadly upparentiy , ^^-dcnts re-

n assault and bat  ̂ offense Is re
su it in g  trom an a ^cain, the o n g - o l  , _ i w

uere 74 of these violation was larceny u
;  The most frequent mit tnequency

 ̂ T  motor vehiclel. of which there -  ^

UUS traffic vioiations. whi. P ,  discharge.
. „ s  followed by robbery, flrearti were each

' taring and possession o warrants and

inltlai offense m   ̂ ^ocounted ^
assaults aga-s in o •

assault and battery a. n̂d domest ̂

their weapons 3 times. factors in 2
1 1 4 5  cations each were the u ■  ̂ ^^oh being pre-
^ ------ '' f incidents were spread ou ,ovestigation.

rest of the 1 ^ *o free a prisoner, c
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caus® j t.y the'surveyand an unknown  ̂  ̂ •,„forr,ation revealed ^
perhaps the rest .mpo ^ against pol.« °

eoncerned the type oh ,^,,,ants =sn^h-

Ulcers. Of the 74 ,„aepon used.
aPflcers. 33 Involved an au.o™  ̂ a gun

rear,seas used 70 tl.es,

, ^nt was the weapon us-. >

.heir f i s t s  or their feet- ^ various types^^

The third and f .nal ca  ̂ p,,„ary gro

discharges that do ^  ^  „ ^,„,TIng Incidents. The cost
"Mi seel ian«'-’p4 ,,_o

There are 34 of these a po

eo.»n type Is '' grouping vou.d have a susae
. ,1 Incident m  ‘h's a oificar«v +vpical »n̂ ;> flee,

n in a th rea te n in g  manner, ^
brand Ish a veapon  ̂ against

revolver. Since Ther inspect category as
firing h'S revoi fleeing suspeCT

•ncldent cannoT be plâ e .3tt°rY, .,-he 1 nc I don ^ no ba I- >
. .P defined It; because u ^^der

Vie have deti. .Therefore, tt ts  ̂ dls-
. ^ the AŜ B group, th^ /Accidental dis ^

classified under Incidents
- n There were e norsons wounded

’’Ml SCO I * -̂ ŷ gne were P''
. ,  accounted for 9 I no.den. - ^ were strung 11"S

' a accidental discharges - 7
of these ac->- . ,̂̂ ĝn a te»'^

as a result o. rrt^ers who were sho.
prisoners and 2 were that accounted ror 9

officer’s g-in ^f these were In response
. ■̂̂ ]ory of d o jS . purpose ot,,̂r- the shoo I • '3 - - A vjere for ‘  ̂PT i c n r s .  v h ile  the ren am in g  4

dogs attacking o,f 1 1 | 8



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\ suicide byThere was \
aestrcv̂ ng severeW '.r-j-ed -  ,,,,e
3„ officer and 2 add.t.ona ^

„3S I instance of nisuse , shot

Finally. +i'=''® orisoner.
,or assistance .Mie folding a p ,.„e

•ac Arip additional pie<= resulted
incidents tnat involved suspects ^

v a lu e - • Those s h o d   ̂ „ „ „ ,e d .  an

.̂-i-tired uninjurea,
Ttotai of hS suspects-escaped.

fatal iti6S.

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t o t a l DISCHAROES

F\e3ing Suspect

At Assa I \ant

M»sce\laneoos
t o t a l

PLEEING suspects

B re ak in g  and E n te r in g  

Robbery 

Larceny

wanted on V.arrent 

assault and Battery
Violation

Suspicion

Rape
Possession of C-un

Escap1ng 
Unkno\-<n 

Narcotics

P rison e r

102

7A

_31

210

_ SUSPECTED

32

19

16

12

5

OPFEHSE

t o t a l

4

4

5 

2 
2 
2

102

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fleeing suspect - INTENT OF OFFICER

.A 55• Fired at Suspect
40

' - Fired for Assistance

\
Fired for Assistance and at Sespect

z

3
Fired a Warning Shot

Pii • Fired both a warning Shot and at Suspect
2

TOTAL 102

[ fleeing SUSPECT - APPARENTLY
ARMED/UNARMED

22
rr

Suspect Apparently Armed
80

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Suspect Unarmed

TOTAL ■ T o f

a ssa u lt  and b a k e r y  - iNITIAL OFFENSEc 19
Lardeny

15

[
Traffic Violation

10

, r
Robbery

5
Breaking and Entering

5

r Possession of Gun
41 -

Assault
4 'f '

1- Wanted on Warrant
3

' ■■ Assault and Battery
2

1 Domestic Investigation
2

3 ' Suspicious Parson
1

.  .• Attempt to Free Prisoner
1

Drug Invest!gaticn
1

4 Operation 16 1
- - Search Warrant 1

• Unknown
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^SS^ULT AHO .ttery

Mo- 
Gun

uor Vehicle

V3-n-,c,e ana

Other OeadlV
^̂ o \'̂ eap°"

total

33

20

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16

4

74

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■ _ OTHERpiRCftRMS POU-'t.

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, , .•„.U-,ca.t o, pcr.ce .e-

past sevara, year . to the .ees-

,.^ehts across the coaatry h.-^^ pe-

„on of pc' •« ^,^ents have mahe revis.ons am-
vo.vers- _ 3guUf,ohS. >h reviewing these ̂

. p „ v  at clarifV.na atstinct categor.es
prtmar\iY several ra.n,. -„s »e found that there are

’’° "" ’ llcies can be sro“P=‘*' .e cities thatinto which poiic.e ^nose cit
_  , l P 3 t  category =ah be s a id  „ .^ ^ , ,„ o „ a i"  p o i'^ V -

. ,,PPe what couid be te ^ e d  a

cuqrentiy have .n for=
n o iic y  has tvio b a s ic  poi ^ -a t  fo rce  necessary o

This poUCY ^ ĵse Thar

protect himself or other
\  ™  at the hands of another, and harm at Tn» escape ot a f

■tficer Knows, ofotticwi i-,n
. I ri+ĥ r _ np—

e the present policy cf
Xhese are the major poiicy ihclude

,  Other departments which a ^ ie v e la n d  and fen sas
par+ment.  ̂ \ndiana?olvs,

,,:s Cincinnati, of
Minneapolis, diffof®'̂ ^̂
City. Obviously, the iorma- ^^Pce
these policies is that officers^ .pners
,,nnr to prevent death or seriou ^^^^^^^^^^.^^^^^_.,,.tic
or to  apprehend a .ow n  ^  ̂ the

,roach - that is they rely on do
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. v,.r,e they -  somewhat - r e  « -

,„tentioe of the poUcY- - »ith regard to
,,hWe. they are auc potent,any

certain situations.  ̂ ,,, ,,jority of iarge

' , , , „ c a i p o i i c v i n ^ ^ ' = ^ - ^  ■

,.„.,es in the country faii- • ,,, ,„st

' t -n the tuo major provi j„alt with thewouid conta.n the ^  ^he policY “fich dealt

,^,=ot that the part of .he P
category, 22£a£-- ™kes a diatlncTion her

T a t  is. ofticera are allowed to fire

and non-serious felon,es. ^cocess of =om-

,nelr weapons only if -  -  .jury or death
„ n t ln g  an offense, presented a thre

to someone. listed for which deadly
3cmetlmes specific offenses are ^

... indeed, there ,s somewn
can be used. de-partments ai low the use

nd c3'̂ e9°'*'̂ ' as so. o-^hers authorizethis second c3 i S oihers
. c c e t o r a u e r y , i . - , - n u - e  f = cestriotWe are

1,3 use in - r e  freguent — ^  ‘ Oak,and. .t-

Washington. O . C  San — ’ ^  _  departments, when ^
Unta. .e,. Orleans. Honoiuiu. a . . ^

an list offenses, 1.” "  c listing,
they do i'^^  ̂ do not P‘°'̂

arson  and k idnapp ing- •bery, rape, arso. ,„nea

C3,ber they simpiY reoa.re a c d d i t i ^

Those departm.ents which prci. - ,ceguent

include Chicago. Seattle. i use Of d ^ y

fo rce  in c lude  b u rg la ry ,

.  ̂ - 1 1 5 2with inven.... l — _ _ _



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There are three other departments which we feel should be 

looked at closely. While their policies are somewhat different 

from each other, we group them together because they are rather 

unique and distinct from the previous policies discussed in the 

first two categories.

Los Angeles, California

The first of these Is Los Angeles. The policy is one which 

sets certain limitations, but relies very heavity’on each officer 

to interpret the specifics. For example, relative to felony sus­

pects, section 556.60 of-the policy states. In part:

"...It Is not. practical to enumerate specific felonies 
and state with certainty that the escape of the perpe­
trator must be prevented at al1 costs, or that there 
are other felonious crimes where the perpetrator must 
be allowed to escape rather than to shoot him. Such 
decisions are based on sound judgement, not arbitrary 
check11sts."

Clearly, the Department wants officers to exercise discretion 

when apprehending felons however, it provides I it"Me In terms of 

specific guidance. The regulations for juveniles and warning shots 

are similar. The degree of accountability is substantial however; 

there is a strong review board to oversee weapons discharges.

New York City

The second Department is New York City. New York handles both the 

questions of protection of lives and apprehension of felons by 

stating that, "In all cases, only the minimum amount of force will 

be used which is consistent with the accomplishment of a mission.

Every other reasonable means wi11 be utiIized for arresting, pre­

venting or terminating a felony or for the defense of oneself or 

3 QQ"hh‘̂r before a police officer resorts lO the use of his firearm,
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Hence, this policy does not rr.sntlon specific crimes, indeed it 

does not even make a distinction between serious and non-serious 

felonies, however. It does make clear the serious nature of a 

firearm discharge. Additionally, It sets down certain prohibitions, 

such as warning shots, and shots from or at a moving vehicle.

San Dieco, California

The final policy is that of the San Diego Police Department.

It allows the firing of a gun in the following situations:

1. To protect the life of an officer or another person or to 

prevent serious injury when there is no alternative.

2. To apprehend a violent person who is known to be armed and 

dangerous and v/ho cannot be apprehended without risking 

loss of life or serious Injury.

This policy is certainly more restrictive than most, however, 

it is relatively concise and definitive. Similar to New York's, 

there is also a listing of situations In which firearms are not to 

be used.

Aside from the question of apprehension of a felon v/hich, as 

we have shown, departments have confronted in different ways, there 

are other issues which are often dealt with in firearms policies. 

The most common of these Is the use of warning shots. Of the nine­

teen departments,we surveyed, sixteen stricTly forbade such a dis­

charge, two cautioned against it and one had no policy. (It should 

be noted that the concept of a discharge "for assistance" was 

rarely encountered and never permitted.)

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Another frequently mentioned problem was the firing at or 

from a moving vehicle. There was no consensus found, as two de­

partments strictly prohibited It, eight limited it to the most 

serious circumstances, and nine had no restrictions.

Finally, the question of firing at juveniles was seldom con­

fronted. Only a very few departments advised officers with regard 

to this subject, with the general philosophy being to refrain 

from shooting unless there was an imjr.ediate threat to life.

REVIEW POLICIES - OTHER DEPARTMENTS

V/ashinqton D.C.

Among the most notable review procedures is the Washington,

D.C. Police Department’s Use of Ser/ice Weapon Review Board which 

was established approximately three years ago. With the exception 

of adequately safeguarded target practice, all firearms discharges 

as may be referred for consideration by the Chief of Police are 

reviewed by this board. Included as members of the board are the 

General Counsel, acting as chairman; the Commander of the Patrol 

Division, and the Commander of the Criminal Investigation Division.

Looking at the actual duties of the Board, it can be best 

characterized as an advisory arm of the Chief’s Office. This Is 

in no way intended to de-emphasize the authority of the Board since, 

in virtually all cases, their recommendations were accepted by the 

Chief. These recommendations ranged from exoneration, to filing 

the case with prejudice, to the termination of the officer. A 

comprehensive picture of the duties and scops of the Board can be 

gained by referring to the summary of cases before the Board during

1 1a recent year, (see Appendix A)



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Oakland, Caiiforr.ia

A similar review board, this one made-up entirely of sworn 

personnel, has been instituted by the Oakland Police Department. 

Members include the Bureau of Field Operations Deputy Chief, the 

Commanding Officer of the Training Division, the Com^nand and 

Supervisory Officers of the member who discharged his weapon, two 

members of the same rank as the mem.ber who discharged his weapon, 

and any others designated by the Chief of Police.

As in Washington, this board convenes after each firearms 

discharge regardless of +he-apparent seriousness. Furthermore, 

the board recommends a course of action to the Chief who either 

concurs and acts accordingly or disagrees and orders further 

action by the board. Here too, possible disciplinary action in­

volves a wide range of options,from counselling to dismissal.

Hew York City

A third example of an Intra-departmenta1 review board is 

found In Mew York City. In fact. New York uses two separate 

boards to review each discharge. The Field Service Area Firearms 

.Review Board provides the initial review. There are boards of 

-this type located throughout the department, each one covering 

several districts. Each of these boards is made up of the following;

1. The Field Service Area Cqmm.ander

2. The Zone Commander

3. The Area Training Officer

4. A precinct Commander (dlfierent precinct than 

involved officer)

5. M'^mber of same rank as involved officer
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This board reviev/s the Firearms DI scharge/Assau 11 Report which 

must be filled out by each officer following a discharge. The 

board then forwards its conclusions to the department-wide re­

view board. This is made up of the following:

1. The Chief of Operations (Chairman)

2. Deputy Commissioner Legal Matters

3. Deputy Commissioner Community Affairs

. 4. Supervisor - Training Division - Firearms Unit 

After completing its review, the board will foni^ard its re­

commendations to the Commanding Officer of the involved member.
I

Also, ”in appropriate cases” a copy of such reports will be for­

warded to the Police Commissioner. Possible action that the board 

might recommend ranges from having the officer review regulations 

relative to deadly force to a variety of disciplinary procedures, 

with a gradual process of escalation used to determine the appro­

priate sanction.

Seattle. VJashinqton

A particularly detailed procedure for review of firearms dis­

charges is the Seattle Police Department. Seat+le gives specific 

Instructions to cover both those incidents which Involvetonly a 

discharge and those that result In a wounding or a fatality. In 

either case, the officer Is ordered relieved from duty pending an 

investigation. His commanding officer is charged with personally 

investigating the firearms discharge and preparing a detailed re­

port, including his observations and conclusions regarding the In­

cident. A copy of this report is sent to the Chief of Police and the 

Firearms Reviev/ Board. The Review Board has the following members:
1157



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1. Opspa+Icns Biirsau Ccrr.rr'.ander (Chatnnan)

2. Commanding Officer - Patrol Division

3. Commanding Officer - Training Division

4. V/atch Commander of involved officer

The Chairman is charged with determining whether there will be 

a Firearms Review Board meeting except where there is personal 

injury or property damage, in which case there must_ be a meeting 

within forty-eight hours- In any case, it is the Chairman's re- .

sponsibility to make a recommendation to the Chief, whether he does 

it on his own or convenes a board meeting. An additional feature 

of the Seattle policy Is the establishment of a file, in the 

Personnel Division, of all firearms discharge incidents that are 

handled by the review beard.

Los Angeles, California

A similar procedure is followed by the Los Angeles Police De­

partment. The Shooting Review Board is made up of:

1. The Commanding Officer, Personnel and Training

Bureau (Chairmen)

2. The Bureau Commanding Officer of involved employee

3. The Division Commanding Officer of the involved 

empIoyee

4. The Commanding Officer, Training Division, as ex 

officio member

As in Seattle, the Chairman is charged v/ith determining \;hen 

a meeting v;i ! 1 be convened, except when an injury has resulred, In 

which case ihe board mooting is automatic. Additionally, the 

Chairman must maintain a file^o^ft^ investigation of dischargos.



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The aforementioned detailed accounts should provide an insight 

Into the workings of a discharge review board. It should be noted 

that these are not the only departments that use such a procedure.

In fact, among others, Dayton, San Francisco, Atlanta, Minneapolis, 

Cincinnati and New Orleans use this method to Insure a thorough In­

vestigation and complete accountability.

There is another method of fol lov/-up investigation that has 

met with approval in certain departments. Basically, it entails 

the applIcatlon of the same types of investigatory techniques along 

with a high degree of accountability along the chain of command, but 

it'excludes a formal Flreanns Discharge Review Board, supplementing 

In Its place, one or nx:re already existing units within the department.

Dallas. Texas -

One department which uses such a procedure is Dallas, Texas.

General Order 70-14 establishes the following guidelines:

Both the Crimes Against Persons Section of the Criminal Investigations 

Division and the Internal Affairs Division of the Special Investi­

gation Bureau will Investigate and report on any discharge resulting 

in injury or death. The commanding officer of the Special Investi­

gation Bureau 'will review these reports and submit to the Chief of 

Police within eight hours a preliminary report for his consideration.

It is further noted that any discharges resulting in injury or death 

are automatically placed before a grand jury by the Dlsirict Attorney s 

Office. As noted, this procedure does not extend to those incidents 

v/hich do not result in a wounding or fatality.

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Kansas CItv. Missouri

This is not the case In Kansas City, Missouri, where the In­

ternal Affairs Unit Is directed to investigate every discharge 

of an officer's firearm. In specific terns, the applicable General 

Order sets down criteria for the conducting of an on-scene investi­

gation including the stipulation that the officer involved, his 

Immediate supervisor, and the Assistant Division Commander will re­

main at the scene until the arrival of the investigator from In­

ternal Affairs. Additionally, if an injury or fatality results 

from the shooting, the Investigations Bureau conducts a concurrent 

probe Into the matter.

Miami, Florida

Still another department that has established this type of 

procedure is Miami. All firearms discharges require the filing, 

by the officer, of a use of force report. The officer's commander 

conducts an on the scene investigation, followed by the Internal 

Security Unit which similarly carries out its inquiry at the scene 

of the incident. These reports are forv/arded to the Chief of Police 

for his consideration.

Chicago. Illinois

As a final example, the Chicago Police Department has a clearly de­

fined procedure for the investigation of each shooting incident.

The involved officer's supervisor responds to the scene to oversee 

the investigation. In those incidents that result in a person 

being v.ounded, the District Watch Ccrmandor proceeds to the scene.

In al! incidents, the Assistant Deputy Superintendent conducts 

a'p^rsonal investigation, surmarizing a 11 praIiminary reports, and
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forwards his report to the First Deputy Superintendent for appro­

priate action.

These then are the two basic approaches that departments have 

taken relative to follow-up investigations. One is to designate a 

special board, the other Is to assign an existing unit within the 

Department to handle the Investigations. Both have worked well in 

various departments.

There is one additional area relative to follow-up Investigations 

.of firearms discharges. A survey of other comparably sized depart- 

merits indicates a recent trend toward the establishment of permanent 

files for the recording of the number of shooting Incidents occurring 

each year. Almost ail of the departments responding to our survey 

began such procedures within the last four years. Among those 

keeping such files are New York, Chicago, Los Angeles, Detroit, San 

Diego, Dallas, Oakland, and Washington, D.C. These figures become 

particularly useful when the discharges are categorized, since command 

staff can make judgements as to the effectiveness of the firearms 

policy based on the types of shootings-that are occurring. Additionally, 

thorough classification can provide a useful pool of information for 

training purposes.

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JUDICIAL REVIEW - A LEGAL PERSPECTIVE

There is currently no statutory law in the State of Massa­

chusetts regarding police use of deadly force. This being the 

case, the original premise behind a review of applicable court 

decisions rested on ths belief that judicial opinions v/ould prove 

enlightening. This, however, appears not to be the case. In fact, 

Massachusetts courts have provided very little in the way of guide­

lines for this problem.

Pov/ers v. Sturtevant, 199 Mass. 265,85N.E. 84 (1908) states 

that a police officer may use such force as is reasonably necessary 

to overcome resistance to an arrest, but that excessive force can 

not be used. Further, the court states that the officer would be 

held accountable for his decision - that Is, he Is not the sole 

Judge of what force is reasonable. -

In 1950, Commonwealth v. Youna, 325 Mass. 597 simply reaffirmed 

the right of the police officer to use deadly force when it is reasonably 

necessary. The court was a long way from Issuing any clear directives 

on the matter.

In 1971, an attempt was made to induce the court Into providing 

a clearer definition. Uraneck v. Lima, 1971 Mass. Adv. Sh. 893, 269N.

E. 2d 670 (1971) provided the setting for an assault on the traditional 

felony/misdemeanor distinction, which had evolved out of common law.

The plaintiff, Uraneck, objected to the Judge's refusal to instruct 

the Jury to the effect that a distinction should be made between 

serious and nonserlous felonies.



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The Massachusetts Supreme Court, on appeal, ruled for the defendant 

and refused to make such a distinction. Hence, in this state, neither 

|_0gjslature nor the Courts have moved to chanQ® liie traditional

'felony-misdemeanor distinction.

This fact is in no way a barrier to the Department should It 

desire to re-define the conditions under which officers will dis­

charge firearms. Indeed, the broad powers granted to the Police 

Commissioner under Chapter 322 of the Acts of 1952 v/ould support 

any administrative change in this area. Section 11 of the afore­

mentioned lav/ reads as fol lows:
I
■ The Police Commissioner shall have cognizance and control 
of the government, administration,disposition, and 
discipline of the department, and of the police force of 
the department and shall make all needful rules and regulations 
for the efficiency of such force.

As Is shown in the section dealing with the policies of other depart­

ments, such administrative restrictions on the use of force are 

not only possible, buT quite common.

To summarize, the lack of action by the Courts and the Legis­

lature in this area should in no way Impede change - Indeed it should 

serve as a mandate to the Department to develop, on its own, an 

effective, clearly enunciated firearms policy.

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GENERAL CONS I DERATIONS

@

The magnITuds of The problem before us is such as To have 

required a significant amount of research. This research has ex­

tended to various areas Including this Department’s history of 

both the discharge of firearms and the response to each discharge, 

various procedures employed In other departments, and appropriate 

case law rehative to the issue. X

These have been basically factual presentations, designed to 

■focus on what has been done here and elsewhere in the past. However, 

there are certain legitimate Issues that are not easily analyzed 

empirically. V/e feel it necessary to present these issues, making 

it clear that these are not in any way intended to be policy state­

ments.

A primary concern of any firearms policy must be ensuring that 

those who m.ust adhere to it understand the policy, as well as the 

reasons for it. Attainment of this widespread level of understanding 

will result only after the Training Division has undertaken the task 

of establishing routine Instruction not only in how to shoot, but 

when to shoot. By all indications, the current training regarding 

the actual m.echanical techniques of shooting is handled quite pro­

fessional ly,despite severe limitations Imposed by a lack of adequate 

facilities. This area does not concern us as much as does the need 

to establish comprehensive training regarding when to shoot, as. 

established by policy and regulations.

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It has been said by some that the whole concept of a firearms 

policy is not valid since each officer has to make a decision on the 

facts as he sees them, and no policy could cover all possible 

situations. It Is here that a strong training program can use the 

policy as a foundation to develop a high percentage of acceptable 

responses to potential "deadly force" situations on the street. In 

essence, this translation of v/ords into acceptable actions is the 

mandate of the Training Division.

One of the most crucial issues to be dealt with in any pro­

posed policy is the question of the amount of force acceptable to 

apj)rehend a fleeing felon. Although this question will be dis­

cussed briefly in our review of applicable case law, the importance 

that we attach to It requires Its ccnsideration here. Duke Robert 

and A.P. Bristow, in their article. An Introduction to Modern Police 

Firearms (Glencoe, Beverly Hills, California, 1967), provide an 

excellent briefing on the subject:

"The interpretation of the legal right of the police 
officer to use deadly force when arresting a felon has 
undergone considerable change. Most of the state statutes 
giving the peace officer this power were developed in the 
mid 1800's when felonies, by classification, were few and 
necessarily serious— murder, rape, arson, train wrecking, 
robbery, etc. When the justifiable and excusable hornocide 
sections were adopted in these states and the word "felony" 
used, felony was generally intended to mean these serious, 
forcible, major crimes, in subsequent years, more and more 
codes listed less serious offenses as felonies; most of 
these crim.es were of a nonviolent nature.

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If a strict interpretation of the excusable and justifiable 
homoclde laws were followed by state courts, the police 
could lawfully shoot a fleeing felon whose only crime v/as 
embezzlem.ent of funds, forgery, or misappropriation of 
property. The courts, however, are tending not to permit 
the exact interpretation of excusable and justifiable homocide 
laws. They are, instead, looking at the original legislative 
Intent. This means that courts today, and certainly in the 
future, are going to require an officer to show that deadly 
force was employed only against a felon whose crime had 
been of an extremely serious, forcible, violent nature 
and that the public health and safety would have been 
Jeopardized if he were permitted to escape.”

O

As is shown in the section of this reporh dealing with judicial 

decisions, the courts in this state have not yet followed the lead 

of other states in making a distinction between forcible and non- 

forcible felonies. However, It is notable that many police de­

partments across the country have not waited for court decisions 

or legislative enactments; rather, they have incorporated into 

their rules governing use of deadly force the stipulation requiring 

that officers fire,their revolvers only when faced with a threat 

to their lives or the lives of others.

Departmental rules mandating such a procedure have been put 

into effect in N'ew York, Seattle, San Francisco, Dallas, Chicago,

New Orleans, Philadelphia, Atlanta, Detroit and many other cities.

The rrost recent local example was, the Massachusetts 

State Police. Clearly, iaw enforcement administrators across the 

nation are being moved to differentiate between types of crimes on 

the basis of the actual threat to life that they pose. It seems 

wise for this Department to acceot and follow suit in this regard.

Another important issue that requires some additional discussion 

is the use of warning shots and/or shots for assistance.

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These two types of discharges ostensibly have different objectives, 

one being to issue a warning to a suspect, the other being used 

to call assistance for an officer. The warning shot is prohibited 

in this department, however the firing of a shot for assistance 

is allowed. (As’noted in a previous section, shots for assistance 

are not ailowed in most other deparfments). Despite the different 

reasons that have been advanced for each of these discharges, they 

have very similar results in two respects.

First, a deadly bullet is discharged at nothing Tn particular. 

Into the air or the ground. Secondly, the allowance of either of 

thise discharges by a firearms policy creates a serious void in 

terms of accountability. For this reason,i we will view them as 

being similar and practically, interchangeable in effect.

One of the Justifications frequently used for allowing shots 

for assistance is that a police officer may at some time find 

himself .either disabled or unable to defend himself,and such a 

discharge would be effective in summoning aid. V/e feel the 

legitimacy of this entire line of thought is open to serious 

question. Indeed, a look at those discharges listed as "for 

assistance" by members of this Department over the last four 

years is revealing. In none of those cases was a police officer 

disabled or in danger prior to discharging such a shot.

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In many of the instances, the suspect was not armed. In 

fact, in 41 out of 44 "for assistance" discharge incidents, a 

fleeing suspect was Involved- It seems quite possible; then, that 

police officers were using this type of discharge as a warning 

shot. Something that is simply not allowed under present De­

partmental policy. But we can never be sure, since as we mentioned, 

the allowance of such a discharge provides for a significant lack 

of accountability. Aside from the dangers inherent in such a dis­

charge, this lack of accountability alone Is, in our opinion, a 

strong reason to remove such a discharge from the acceptable 

category.

There are other reasons to prohibit such a discharge. The 

San frercisco Police Department makes the following points about 

warning shots In its Patrol Officer's Manual: "For every suspect

who surrenders upon hearing warning shots, there are others who 

flee that much faster. The danger of Injuring an.innocent by­

stander or of a ricochet are always present and it should also be 

noted that officers other than the one who discharged a warning 

shot may easily be decoyed into' killing a suspect by believing 

that the officer's shot was indeed offered to kill, not to warn."

If these points are valid for v/arnlng shots, they must certainly be 

valid for shots for assistance.

As a final point in this area, we must question the effectiveness 

of such discharges, even if they were restricted to those situations 

in which an officer needed help. Whiie the sound of a gunshot is 

certainly loud enough to be heard over a fairly wide distance.

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there is no guarantee that the person who hears it wilt detennine 

that it is a gunshot or, assuming that they do identify it as 

such, they will understand that a police officer needs assistance.

In recent years, we have seen the distribution of large numbers 

of portable radios to officers throughout this Department. If 

these are available in sufficient number and are equally reliable,. 

there can be no real need to discharge shots for assistance. If 

they are not available in adequate quantities, or they are lacking 

In quality, then it is incumbent upon the DefSarlTnent to take 

whatever steps are necessary to satisfy this need. V/Ith this 

clone, there could be very little justification for discharging 

shots for assistance.

Another matter that must be addressed is the frequency of 

the firing of shots at motor vehicles, as well as from moving police 

cars. Certainly an automobile can be Just as lethal as a firearm. 

However, there are several factors which make close scrutiny of 

this problem imperative. When an officer fires at a moving vehicle, 

the chances that his shot may miss and result in an innocent per— 

.son being injured are substantial. This is particularly true if 

the officer is trying to avoid being run over as he is firing.

The New York Police Department gives the following admonition 

to all personnel: ”A police officer's revolver is carried for per­

sonal protection against persons feloniously attacking an officer 

or another at close range. It Is not intended to nor Is it 

ordinarily effective in stopping a moving vehicle. An officer.

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when being attacked by a person operating a moving vehicle stands 

a much better chance of avoiding an injury by Jumping aside than 

by trying to halt the oncoming vehicle with shots.” Furthermore, 

the chance of the bullet ricocheting off an automobile is high.

The police Firearms Administrator's School of the F.B.l. makes these 

comments: "Firing a revolver at a moving vehicle is a dangerous 

practice and should be avoided. Tests have shown that unless the 

bullet strikes at a near perfect right angle it will ricochet 

off the surface of the automobile, including the glass.”

One additional point can be made in this regard; because this ^ 

type of incident so often involves stolen cars or traffic violations. 

Juveniles are likely to be involved. In fact, in a "Joyride” 

situation, there may be several Juveniles in the car, all potential 

targets. Vihile it is acknowledged that the act of directing an 

automobile at an individual is a most serious one, it is in the 

best interests of the department to attempt to avoid discharge of 

a firearm under this type of circumstance.

Another point has particular significance relating to the 

question of police use of deadly force against Juveniles. Obvious 

problems arise if an attempt is made to regulate police use of 

force in this sensitive area. First and foremost is the potential 

for error when an officer must make a split-second decision as to 

the age of a suspect.

Secondly, we cannot lose sight of the fact that a Juvenile, 

particularly one v/ho Is convinced he has nothing to lose, is quite 

capable of inflicting deadly force. Despite these problems, it 

sti 1 I seems necessary to cor^s^ci^iQScme important reasons for



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exsrcising resiTaini" in i"hls si iuai"ion.

Perhaps the most important consideration Is the fact that in 

our criminal justice system, with the exception of extreme cases 

involving a homocide or other crime involving potential deadly 

force, juveniles are never convicted of any crime. Rather, their 

cases are adjudicated. Upon reaching adulthood, juveniles’ re­

cords are expunged. Obviously if they have been fatally wounded, 

they do not have the second chance, the chance to start with a 

clean record, for which our system of justice provides. Indeed 

anvjtime an officer fires his weapon at a suspect he may be bringing 

to an end the criminal justice process with a degree of finality 

that has no equa1.

Additionally, the shooting of a juvenile by the police, 

whether or not it is legally justifiable, inevitably provokes 

cries of brutality from large segments of the community.

The adverse effects on police-community relations mandate 

considerable restraint in all those cases that do not involve an 

immediate and clear-cut threat to a human life.

It is essential that serious consideration be given to modi­

fying the Department’s procedures for investigating firearms dis­

charges. As presently s'^ructured, a follow-up investigation depends 

totally upon the personal initiation of such an inquiry by a respon­

sible official who at some point in time questions the accuracy of 

a discharge report or the propriety of the discharge itself.



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The significant factor here is that an afflmative decision must be 

made by one of several individuals. In essence, someone must 

"rock the boat". It is not difficult to envision what type of 

pressure this procedure brings upon those involved. A decision 

to initiate a follow-up investigation becomes tantamount to 

suggesting that there is something of a suspicious or unauthorized 

nature about the shooting..

Those.charged with making such a decision realize that if they 

take action they may be casting doubt, be It warranted or not, 

on those involved in the original Incident. Since the great 

majority of discharges do not result in any personal injuries, it 

becomes particularly easy to accept the preliminary report to forego 

further investigation. Allthis, because there is no concrete, es­

tablished procedure upon which to rely.

Clearly, if a procedure calling for a follow-up investigation 

of ail discharges by officers v/ere instituted, such measures would 

quickly become routine , and the onus that v/as previously attached 

to the Initiation of such an investigation would be greatly reduced.

Additionally, consideration must be given to the degree 

of subjective analysis in any type of self-evaluation procedure. 

Traditionally, there has been a deeply rooted feeling in police 

departments which finds any type of external review process ob­

jectionable. The agitation caused by such proposals may or may 

not be well founded; this question we will not attempt to explore. 

What we will discuss Is the mandate for police departments. If they

choose to reject external controls, to implement a system of internal 
>

Invest!nation and control that has as its centra! feature a high
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degree of accountability/. It is generally counter; productive to 

have a major decision, one so important as a possible follow-up 

investigation of a shooting incident, made by a single individual 

who may have prejudices of his own. In a question of this magni­

tude, the decision-maker(s) should represent a wide range of 

Interests and, since there is lit+Ie external Influence in such 

matters, this representation must come from within the deparhrient.

Only through an objective, open-minded-approach to issues, 

whether they relate to firearms discharge review procedures or 

any| other important policy question, will the Department provide 

the foundation upon which can be built the public confidence 

and trust that is so necessary to Its proper and efficient 

functioning.

There are two further points of interest that should be con­

sidered carefully. The first has to do with the use of shotguns 

in the Department. The issue has been the subject of much com­

mentary and concern in recent weeks and is still controversial in 

many respects.

It is recommended hers that shotguns, rifles, and other such 

high-pov/ered weaponry be considered generally, for the purposes 

of policy and regulation, as firearms. Both of the attached 

policy options address the use of such weapons in provisions 

regarding the use of deadly force in general and in regulations that 

deal specifically with the issuance, carrying and use of long guns.

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Finally, the approach taken In developing the attached policy 

options should be stated briefly. It is recognized that the policy 

provisions and regulations in both options could have been stated 

in much more simplistic language. However, it is important to 

further recognize that v/e are dealing with very complicated issues 

in this area and that the most critical considerations cannot 

be stated simpiisticaily. The officer on the street who encounters 

a situation in which the use of his firearm is necessary must 

know beforehand the position of the Department in that regard and 

the rationale by which that position was taken. He must also 

know the specific circumstances under which he may fire his weapon, 

but the "shoot-don't shoot” decision in each of a myriad of similar 

but different situations must be based on more than memorization 

of a check list of acceptable circumstances. The Department is 

obligated to share with its members the reasons behind the rules 

and the philosophy of the policymaker. It is only then that 

officers can realistically be expected to perform prudently and 

safely in compliance with the policies of the Department.

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APPENDIX A

METROPOLITAN POLICE DEPARTCENT

Office of the General Counsel

March 1, 1973

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MB-10RANDUM 

TOd . 

SUBJECT:

Jerry V. WII son 
Chief of Pol ice

Third Annual Report of the Use of Service Weapons 
Rev i ew Board (1972)

INCIDENTS INVOLVING USE OF SERVICE WEAPONS BY MEMBERS OF THE DEPART?-!Er-rr

A. Within the District of Columbia

B. Outside the District of Columbia

TOTAL

113 

I i 

129

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G.
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Assault on Police Officer (auto)

Assault of Police Officer (knife,other 
weapon or physical attack with no weapon)

Dispose of mortally wounded animal

Service V'eapon Review Board

Cases pending in court and d€ 
for final court disposition

TOTAL

7

10

1

3 

9 

9

4

2 
20 

!2

46

129

117G



■ (■;

t.
A-3

APPEND 1X A cent'd

f III. Miscellaneous Data

A. Results of Incidents in which Service Weapons we,

[- 1. Injury to officer 15

r 2. Injury to other person 25
L 3. Death of other person 10

c B. V/eapons used by Officer

p
1. Service revolver 125

I1C - 2. Off duty revolver 1
p -o 3. Shotgun (Department) 2
L 4. Other weapon

1 ■
TOTAL

1
f'
1. 129

f ■ IV. Disposition of V/eapon Cases
f A. Recommendation of Commanding Officer

1. Filed without Prejudice 92
2. Filed with Prejudice 9
3. Official Reprimand from Chief of Police 8
4. Trial Board charges placed against officer 10
5. Fine 3
6. Termination of Officer I
7. Cases not yet completed by Use of 

Service V/eapon Review Board 3
8. Cases^pending in court and deferred 

for final court disposition 3
TOTAL 129

1-177



A-4

O

AF'PE:JDIX a coat'd

B. Reco-timandation of the Use of Service Weapon Review Board

1. Filed without Prejudice 89

2. Filed with Prejudice 6

3. Official. Reprimand from Chief of Police 14

4. Trial Board charges placed against officer 13

•5. Termination of Officer

5. Cases not yet completed by Use of 
Service Weapon Review Board

7. Cases pending in court and deferred for 
final court disposition

I

3

3

129TOTAL

C. Action taken by the Chief of Police

1. Filed without Prejudice 89

2. Filed with Prejudice 6

3. Official Reprimand from the Chief of Police 14

4. Trial Board charges placed against Officer 13

5. Termination of Officer

6. Cases not yet completed by Use of 
Service ’Weapon Review Board

7. Cases pending in court and deferred 
for final court disposition

TOTAL 129

Geoffrey M. Alprin 
General Counsel

1178



POLICY OPTIONS

Two options are presented for consideration. In 

many respects they are identical; however there are 

some important differences in paragraphs detailing the 

circumstances under which firearms discharges are

permissible. Paragraphs that are in one option but 
not the other are italicized.



3, 1974

I
3

L. I

©  i

f J*:

f
i
&f?

j .n.s rule rs rssued to provide a basic sat of ^idelir.es and re<^la- 

trons for the use of deadl, farce b. „e.bers of the Depar .̂ent and 

to estabUsh procedures for the orderly Investigation of fireara. 

discharges ander street conditions. Its provisions are affective 

-.ed ia te ly , superseding a ll previously is.sued ^ e s ,  re^^-lati^., 

orders, bulletins, and memoranda regarding the use of fireanns or 
other deadly force by Boston Police officers. ^

I . the institution of these regulations i ^ ^  E l u e n t ,  i t  is 

Uiderstood that they not lihely c o v e ^  oonceivable situ­
ation that tny arise. W ie n ^  p r o v \ ^  of this nile are fo»d
to be incomplete or to a^articular se* nf • ̂i-icuiar sec ot circimstaire'nr*Fi _____  , \\

t,.

T]
el
i i

'Ar\
li

*•

NX*' - —  — *- c.in.ujL'boanc
expecte''̂ —*o arWii-*->i •; u. n  •

^^slligence and soind judgement,
attendinct to N..* , ’• to uhe sfi^.jjoove the letter of the rule.

GEi'ZERAL COi\'SIDElATTn''-<;- Tn,1D-S.A,I0„S.. Tl>e primary purpose for uhidi each sworn

- i o r  Of the Eep.ar ,̂ent is issued a fireait. ar.d trained in its  -use
IS uha protection of life and liti, his own and that of every other
person needing such protection. Alt’— -rh r-

*-ue -uirearni is anecessary
tool for present-iay U u  enforce.r.»at, f -  destrv-ti.-. . ■

carries mandates that it be used discriuLnately a.id within clearly, 

defined lur.its. This nile is intended to establish those limits.

-n̂  t..e iir.erests of personal safety, police officers must seek to
gam and maintain an advantage over -ergons Vrnu^c t̂ erscns icnoun or suspected to
be armed; such an "ed<’e” mav tal-fw -Vca -
, _ “ ^  numerical superiority

0. -.-npover and firepo-.cer or that of ar of-'i'-r  ̂ - or.ic.̂ r icaying 'one jump
c.-.-T.d" Of a subject lihely to produce a weapon. But the officer’

t 1



I r-> DRAFT i‘4 DHADLY FORCH (A)
Page 2





DRAFT Jf4 DEADLY FORCE (A)
Pa^e 4

I.

I

I 1.

{.̂ x(LCJVTi!i OX opĵ -Zx.cOyiA.0II 0  ̂ G-<jizx dc-iidiLy ôx.c.2. -CiS pzxnLisxb-co. otvLy 

1‘j'izn thoAz Li, a. cZzax and Lnnzdiatz dangzx dzaXk ox g xzat b o d ily  

kaim idiaX. cannot hz xzrr.avzd by any othzx xza^onablz mzan;>. Th.z o n ly  

othzx a cc ep ta b le  x.zojion ^ox dUchuatglng a  ^cizaxm andzx 6 tx z z t  con- 

d it io m  Lb to  d isp atch  a  dangexous aniirial ox enz so  badby L ijaxzd  

t l ia t  hurr.anJJ:y xzquLxzb iLb xzjt,ovoI  ixom ^uxjdiz.t s iiU z x ln g ,

SAFETY OF BYSTANDERS: Officers who find it nec.£̂ -̂ f̂ , under the pro­

visions of this rule, to disch^ge firearn^<ihder sr^'St conditions 

will exercise due care for the safety of persons and property in

the area and will fire only when certaiivcAat there is no danger to 
I

bystanders.

10 VfARTvIi'iG SrDTS AvD SlŜ IÂ

9 ^

O  ?

?J.-iearrs are not to be used for warning
shots, signals or ca^\s^br assistance.

11 I J'OVIXG VEHICLES: Firearrra will not be discharged at or froia a itovinc

I vehicle unless the officer is being fired ijpon by an occupant of 

[j the target vehJ.de. Revolver fire is notoriously ineffective at
y ■n stopping motor vehicles; revolver bullets usually ricochet off auto-
f! -•
II mobile surfaces (including glass) and create a new danger to persons
r! in the area. 
iJh •

“■ C ritOil'lG SU5JECTS: O^^cczxb i c i l l  n o t dcschaxgz {^Lxzcxjns to  appxdizndo.

itzzxng s a b jz c t ,  xzgaxdlcss og t i iz  o(̂  (znbz ^cx ichLck hz may bz vxintzd,

■ d u L !iS hz pxzbZHXj a,L <̂ r.ric.d ia i t  dangzx to  IL^z and lim b.

i'uR.'-!iSSIELE VE'd-'ONS AIT) A-MD.TTIO.N: Officers may carry on duty only
■•■''"pons and anmunitton issued to them by the Department. Special

e.g., shetgun.̂ , rifles, automatic weapons, etc., afe not
1183



I

DRAFT a  DE1J3LY FORCE (A)
Page 5



! ‘ ■ 
i
\

DRAFT n4 D R ^ L Y  FORCE (A)
Page 6

11 
t

I'nargin for error. To ensure that proper control in tMs area is
ir
[raintained, all discharges under street conditions will be thoroughly|l
^investigated for the purpose of determining the extent to which they
H
Hconoly with Department policy.

16 tiUpoh receiving notification of a firearm discharge by an officer, the 

rcommanding officer of the district in which the event took place wi.U 

|assign a supervisor to investigate. Normally, tl̂ t̂ ^̂ kll be the in- 

fjvolved officer's immediate supervisor;' howeye^ if tn̂ !>5fficer in- 

pvolved is off-duty at the time of the dischai^, or if his super- 

Ivisor is otherwise not available, anot^Y^up^dsor will be assigiied 

|The investigating supervisor resp^d to the scene of the dis- 

icharge as exteditiously as pb^ible and ̂ sdll thefe conduct an investi-
I ' Vigation to detexmin^the tacts of the incident and the extent to vdiich 

the officer complied ̂ >̂ ibh Department policy. The supervisor v̂ill 

||submit his preliminary findings in written narrative form, through 

i!channels, to the Commissioner within 24 hours. Any further informa- 

5;tion that he obtains will be submitted in a supplementary report.
fj

17 |iFIREARM DISCHARGE REVIE'/ BOARD: As an additional investigative re-

|isource, there will be a seven member Firearms Discharge Reidew Board
'

r composed of (1) the Superintendent-In-Chief, who wall serv-e as the 

ClaivT.Tan, (2) the Superintendent of the Bureau of Field Ser/ices, 

who will act as Chairman in the abse.nce of tlie Superintendent-In- 

V Chief, (3) tl'.e DopuLV Superintendent in charge of the area to which 

0 officer is assigned or, if such office^ is not under the coimrand

of cne of the area deputies, a Deputy Superintendent from the Bureau 

•■-f Field Services appointed by the Chairman, (4) the commanding of-

I

1185



DR.\rl n4 - DEADLY FORGB (A)
Page 7

f;ricer o£ the District, Division, Section or Unit to vhich the officer

wis assigned, (5) the officer in charge of the Internal Affairs Divi-
[f
psion, (6) a sworn officer assigned from the Training Division, and
P̂(7) a sworn Boston Police officer chosen by the officer whose actionsp
f?are under review.

i
IS ^The Firearms Discharge Review Board will function primarily as an

pinvestigative body, to review, not only discharges^^vfirearms, but

jlalso the subsequent actions of superior officers vihoMwestigate such

Ijdischarges and report their findings to tn§\S^d The Board

ijwill seek to determine the extent to whiqh both activities complied

Ijor failed to comply with Depapi^nt ^Ilcies and regulations and

pd.ll make a report of its fiqqlnbsU'and recommendations to the Commis- 
y
psioner.

I19 Staff support vdll be'provided to the Board, as needed, by the
ky Internal Affairs Division. However, the Crnirman may, with the
Puapproval of the Commissioner, use other Department resources as in-
Pvestigative staff for F.D.R.B. inquiries.
li
rUpon rece-ipt of reports pertaining to a firearm discharge, the 

i'Clrairman of the Board wdll review the information submutted and, in
t. •
.'•accordance vdth the previsions of this rule, take appropriate action.

• C'lideatal disch irgcs and those directed at an animal may be investi- 

j.nttd by tb.e Ec.irJ “1 C the Chairman dea.m? an investigation to be 

rpprapriate and necessary. The Firc.-.'.';~5 Di.scharge Review Beard will 

■-.'v-''at3gate all other incidents in which a fire.irm is discharged by

O

20

m rrer of the D.jgartm.:nt :r:dor street conditions.

usiS

I



DRAFT ?4 DEADLY FORCE (A)
Page 8



DRAFT #4 DL4DLY FORCE (a )
Page 9



o ̂ llr / 4

Jl
I!
i!
t;
>:

2 n

li'iis rule is issued to provide a basic set of guidelines and regula­

tions for the use of deadly force by merhers of tlie Departr.ent and 

to establish procedures for the orderly ira-estigaticn of fireana 

discaarges under Screec conditions. Its provisions are effective 

iiunediately, superseding all previously issued rules, regulations, 

orders, bulletins, and mcrtoranda regarding the use of firearms or 

other deadly force by Boston Police officers.

In. tne institution of tnese regulations Departnent, it is

understood that they v;ill not likelr^ver conceivable situ­

ation that itay arise. Ifhen the provxsi^^ of this rule are found 

to be incomplete or inapp;d.ca§Xto a'^articular set of circunistances
officers are expect 

attending to the s
int0llig^n.C0 snd scundL jud^wincpt

^  O  9

bove the letter of the rule.

4

GENERAL CONSIDERATIONS: The primary puipose for ;vhich each sv.'om 

member of the Department is issued a firearm and trained in its use 

is tne protection or life and limb, his oun and that of every other 

person needing such protection. Although the firearm is anecessary 

tool for present-day law enforcement, the destructive potential it 

carries mandates that it be used discrlminately and within clearly- 

defined limits. This rule is intended to establish those limits.

In the interests of personal safety, police officers must seek to 

gain and maintain an advantage over persons known or suspected to 

be armed; such an "edge” may take the form of n'jmerical superiority

o f r.r.l firepower or that of an .-officer- st.---ir o::e

ahead" of a subject likely to produce a weapon. But the officer

1183



(I

fl

'  I

seeking to nnintain the advantage over a subject suspected of being 

anned is in a tenuous position. He iirjst prepare to use his firearm 

should it be necessar>', yet show the constraint required to ensure 

the proprity of liis actions. The situation dc-irands the utmost 

of his ability to think clearly, quicldy, and decisively, and to 

utilize his firearm in a safe and effective manner.

The Boston Police Department recognizes its legaK'^^y to protect 

the rights of all individuals to due proce^s^f law pnd a fair trial.

and its members are thereby bomd to re£ra^^\£rom any use of force 

that.unnecessarily tends to administerCbunishument at the hands of a 

I police! officer. The resp^q^Siity punishment of criminal acts

rests solely v/ith dulv__cons\al^ted courts of law and penal institu­

tions and is by n6

ITUl

extended to the police.

IJ

DEFINITION'S; For the purpose of this rule, the following defini­
tions will apply:

Deadly force is that degree of force likely to result in death or 

great bodily harm. The discharge of a firearm tov.ard a person con­

stitutes the use of deadly force, even if there is no express intent 

to kill or cause great bodily harm.

Great bodily harm is an injury likely to result in immediate or 

eventual disability of a permanent nature.

Inmediate danger (hazardl to life m̂ eans and includes circumstances 

under which (1) such a danger exists in reality, or (2) such a 

g danger is apparent, and the officer is unable to affirm or disaffirmI .Its acttial existence. 1190



p  r» n  r» V

;■Reasonableness and prud3nco can be defined only on a case-by-case
f;
i\ basis by tnose laen’oers of the Departiuent called upon to judge tlie 

f|propriety of a fellow officer's actions. Such judgements, however,i j
sriay not conflict v/ith the expressed prcitisicns of this or any other
?i nils or order, nti
'i
Street conditions -are all tnose in which an officer is renderino" 

y servicê ), as opposed to attending a traini’r^^ourss or
I maintaining equinment. 1/

3  ^ \ \'7 |POL\TING FIREARMS: Officers idLll avoid pointiiig firearms at persons
i - - .p m  ciramstancesunder which^^scharg^-;euld not be clearly justifi- 

|able. Hovvwer, in situatio^ihygp".-ing a strong possibility of great 

I danger (e.g., searo~^n^^^\buil\xing pursuant to a burglar alarm or

P approaching a businss^^tablishment on report of a robbery in 

I progress), the orficer should carry' his weapon in a position that 

I will facilitate its speedy and safe use. hhile an officer should 

I not point his v;eapon unless he is prepared to use it, the fact that 

f| he has aone so obviously should not be interpreted as an obligation 
 ̂to fire.

SjjPISCHARGE OF FlREAni'-S: The. laiv peAir.lti pcticz to

lipkyilc^i tK thz pe.î ĉ ‘ur,cincz 0  ̂ tiizbi duZiej ,̂ but only to thz

dzyn.zz n.zq_uAJizd. to oozicomz unlcui’̂ at A.zi>Li>to.njiz. T/id-s doztn.biz o{̂

Ij rrujiln\ujn ioi>z 0  ̂ icfizz" a.pptiz'i to  t iiz  u,6z 0  ̂ {lxejvuvj> <ns a’eff as to  

I i/icLt 0|J n o n -lz th o l la,xzz. Adio, bzcjnobz 0  ̂ th e tx  dz6txu .ctlvz

z,LZ uie 0  ̂ loicn-jii main i-c -uxdizx -xzitx.iz.tzd to  th z  pax- 

j poiz iox  LL'Itzh thzij CLXZ xM azd, t!ia .t 0  ̂ p.xctz<zting Z liz  and Icr.b.

1191



Dil^FT IT 4 DEADLY FORCE (3}

O

diiciia/igo. .̂iAejvm6 cuzdsA. condZtioin> by mpjnbzu tiiz l
tj .

•i. VzpoAJtmzi'vt -ci pe/tm̂ 44/c6Le onZy:
1
j A. ulizn tkzAZ -c6 a clzcui and dnmzcLiatz dangzA dzaXh OA. gAzaZ

bodiZy hoAm tlvat zannot bz Azmo\/zd by any otiizA. AcascnabZz mzaiu>

B. to appA.zh.znd a -̂ Zzztng ẑZon lo'izji (J] t!iz ĉ ẐzzA. knotv6, o-i a

vtyitoaZ. c.ZAtoA.nty, that thz ẑ,ton hai comruttzd a’u.’ntizat

konUctdz, Ajxpz, oAmzd AobbzAy, kddnapptng, oa ^ io n , duAdng thz

commos6ton idilc.li hz tn itic tzd  oA tfiA za tz iid ^  tn^ticX dzadZy

ioAzz upon thz vtztin ; (?) thzAz l i  ^i^oitanClaZ Au.sk th at thz

izZon til qazstCon izUZ causz bodily luvun l{, hu

appAzkznston Ls dztayzd; and [3] ̂ i^^^tkzA Azcu>onjablz altzAna-
^  i>

tio z i kavz bzzn zxhao.6

C. -to di.sp'.>.-cJz adaiiŷ ApaS op̂ iaal cA cnz -so oadcy AnjuAzd that 
iquAJtz^p AZjv.oval {.Acn iuAtiiSA. ̂ aHzAing.huuvantty azc,

 ̂ loLCS Oq thz CommaiU'jZalt'i, JavznuZzs bztiAzzn thz

Ijiige-i 0  ̂7 and 17, In a l l  but thz mo6t iZAiom ô ẑiiSZyS, mco6t bz 

-̂ pAa'ZZZdzd against as dzlcnqiiziit childtzn -in thz Javznilz CouAt andr?;
not Aabjzzt to actual zonvictLcn ô  a cAiinz. HathzA., thziA aaszsi t

i' - •'.ate adjudizatzd and tlizot  zzoAds ItkzZy to bz zxpungzd upon -thziA 
pA..zazhing adulthood. Ô âzzas o  ̂this Vzpaztnznt loiZl tiz'iẑ oA.z 
' ẑî aui Âcm thz usz of, (JjiZLVAnS against pzASons knoicn oa thought to 

undzA -thz ege 18, zazzpt u'hzn -Suck pzAScns pA.zsznt an iimzdiatz

— i G (V'V ■:Arat bodiC^' h■Uuy iiaAn.

Or : Olftcers ’.-.■■'.o i.Lni it nccessa.r>', under the

•/. :.sion.s o: tins rule, to discharge firearms under street condi- 

• "r.s rii.l orciciso due care for the safety of persons and property I 
u r-earea :_rl ^111 i:re only vhen certain that there is no danger !

Page 4

113 o



DRAFT #4 DEADLY FORCE (B)
Page 5

I

r

]itI

to bystanders,
u
P

11 K V;AP.NL\G SHOTS A\T> SICDWL3: Firearms are not to be used for warning
[1
["•shots, signals, or calls for assistance.
h 'I!
ri12 »:MOVI.\'G \THICLES: Firearms will not be discharged at or from a moving

Lvehicle unless the officer is being fired upon by an occupant of the
jiij target vehicle. Revolver fire is notoriously Lneffgrtive a.t stopping
i 'I?motor vehicles; revolver bullets usually ricochet^of^automobile 

\i surfaces (including glass) and create a n£^''v^ger to persons in the

H area.

13 u GCi’SPICIO.V Gf A CRIME: tccOC msmbe/ti tkz.

h apptij an anAzi<V’Jiz6t on mzfiz potatonVzpO'‘Lt]r:ztvt 
[5
fi jCluLt a  cMinz ha.6 b'z^cohi-jdXtzd on ti'jv t a pcvvtLcuIaA pznLon hoA :
\\] comrruLttzd a  cJ-Janz. V

14 !: FEK'̂ HSSIBLE V.Er'vPOHS A\D A^oUNITION: Officers may cairy on duty only

p weapons and ammunition issued to them by the Department. Special

Hweapons; e.g., shotguns, rifles, automatic weapons, etc.; are not 
>1
;i normally issued. Ko'.vover, such v/oapons .may be selectively issued by
Ij
lltlie Co.mmissioncr if, in hJ.s opinio.n, they are necessary to ensure the
i j
'^safety and effectiveness of police operations. Officers artied ivith
I i f;
special v.'eapcns iii such circur.istances vdll use those weapons in 

f
iaccordance with the provisions of this rale as well as any additional
i'guidelines issued at the time.

•  i s ! prn'>r>T r\:r* ut r>r: •. r>\ tDISdHRGES: An officer discharging a firearm under

; str.uet conditions t'.’st, as soon os possible, tahe the necessary steps

t:.- rc-uovt she iLsonarge. .’n  cn-iutv ofricer will notifv his

133



DRAFT #4 DEADLY FORCE (B)
Page 6



DRAFT ff4 DEADLY FORCE (3)
Page 7

l^^rgin for error. To ensure that proper control in this area is 

pTmLatained, all discharges under street conditions ^̂.'ill be thoroughly

iin-restit̂ ated for the purpose of deterraining the extent to which they 
Fj" ‘ ^
rcornpî ’ Department policy.
\i ^

17 •'•Upon receiving notification of a firearm discharge by an officer, the 
^commanding officer of the district in which the event took place v/ill 
[iassî  a supervisor to investigate. Normally, tte-t\w-ill be the in-
H ^  \ \

^ ^ v̂olved officer's immediate supervisor; hcw'̂ ;2̂  if the/5f£icer in-
ivolved is off-duty at the time of the discha^, or if his super-

yvisor is other.vise not available, anotg^upervisor will be assigned.
T̂he investigating supenhsor <\<S\^^sp^d to the scene of the dis-
^char^e as expeditiously as*^^^iblo and will tnere conduct an invest!

Sgation to determine\'the E:̂ ts of the incident and the extent to which
|ithe officer complied v^th Department policy. Tne supervisor vrill 
|i
*'Sub.mit his preliniinary findings in written narrative form, through 
l-j  ̂ ,

^  I'lchannels, to the Comniissicner within 24 hours. Any further informa-

jjtion that he obtains will be submitted in a supplementary' report.

liIS-FIREARM DISCRVRGE REAME'.' BOARD: As an additional investigative re-

!isource, there will be a seven member Firearms Discharge Review Board 
ii
['composed of (1) the Superintendent-In-Chief, who will serre as the
!■ " . . . .Cbair.Tnn, (2) the Su'cerint-endent of the Bureau of Field Ser.''ices, 
w
I-who will act as Cliaii-man in the absence of the £uperLntendcnt-In-
I;
Chief, (3) the Deputy Superintendent in cbnrge of the area to v;hich 

j:thc officer is assigned or, if such officer is not u:der the command 

;'of one of dx area deputies, a Deputy Superintenlcnt from the Bureau 

'of Field Servjcet appointed by the Chairman, (4) the cemnanding of-

119^5 I



DRAFT ?4 DEADLY FORCE (3)
Page S

Hficer o£ the District, Division, Section or Unit to iviiich the officer 

iis assigned, (5) the officer in charge of the Internal Affairs Divi-

1'-sion, (6) a sworn officer assigned froni the Training Division,. and 5(7) a si-;om Boston Police officer chosen by the officer whose actions
‘ipare under review. ' ,

isioner.

iq ^The Firearms Discharge Review Board will function primarily as an
Ryinvestigative body, to review, not only discharge^^firearois, but 

also the subsequent actions of superior offi^s^iho^^'estigate such 

discharges and report their findings to thiy^cmissioner. The Board 

uvill seel̂  to determine the extent to ̂ i^h both activities complied 

3or failed to comply with Dep^pteent ^Iicies and regulations and 

iwlll malce a report of its fi^in^s-^d recommendations to the Commis-

20 Staff support ’will be ̂ tovided to the Board, as needed, by the 
n
P Internal Affairs Division. However, the Chairman may, with the
4

@  1 approval of the Coirmissioner, use other Department resources as in-
i
■vestinative staff for F.D.R.B. inquiries.

j '21 [!Upon receipt of reports pertaining to a firearm discharge, the 
ti
Chairman of the Board will review the information, suomiti-ed and, in 

|iaccordance with the previsions of this rule, taxe appropriate action.

22 j:Accidental discharges and those directed at an animal ^  be invest!-
i
ri gated by the Board if tiie Chairman deems an investigation to be 

appropriate and necessar;,'. The Firearms Discharge Review Board will

investigate all otlrer incidents in which a firearm is discuargcd by 

• -1 of the o.'nnrtmeut under street conditions.
119G



DR-XFr #4 DEADLY FORCE (3)
Page 9

?3 liThe Board will receive all reports submitted in relation to a £ire-

|lam s discharge and will have authority to call and interview any per- 
ri
ii=:on who can give anforrntion pertinent to the inquiry. Members o£
if _ . _
[jthe Deparfcaent are obligated to appear and give in£omation i£ called
ihowever, members are not required to give information that may result
ij
||in the £iling of criminal charges against them or tÎ at may be used 

|las evidence against them in a court of law. 0££icers;^alled upon to 

[̂ provide information pertaining to a firearm disctU^^vill do so by

‘dpoTopriately i:
I r

r<the method requested and v/ill compensated‘app^priately if an off- 

Idutv appearance is required. *
h

routed to the Office of^the Cv^^^'^rier, Internal Affairs, Records,

24 [; Copies of all reports relatin|^^b^ a di^harge incident •v̂d.ll be

office of the Ĉ cmissioni

istician \nd the Chaiinan of the Firearms DischargeI]Personnel, Ballisi
|Review' Board. All su^Reports, including those generated by the

(^proceedings or inquiries of the Firearms Discharge Review' Board, will 
’ l‘(;be maintained in separate files by the Interml Affairs Division.

25 f DISWSITION; Uuon receiving the F.D.R.B. report pertaining to a
i! . . . . . .i:firearms discharge and investigation, the Commissioner may accept

I';and act upon its recommendations in total or in partot hemayrefarn 

jUuch report to the Board v,i.th a request for further information or

i;Cla
1.'

vification.
hfinal Departr.cn:
r
K SO.
i‘i'

ely with the
5 -

INTMG ,A\T? QU,
t ,

os disastroi!;

In the use of a fireaiT?., ineptitude can 

:lon. Folicc Officers in this Depr.rL'"ent

1197



i DR.AFT #4 DEADLY FCDCE (S)
Pace 10



C H A R L O T T E  P O L I C E  D E P A R T M E N T

GENERAL ORDER EFFECTIVE DATE RESCINDS NO.
March 14, I978 General Order #2 

dated 9/9/75 2
SUBJECT AMENDS

THE USE OF FORCE BY POLICE OFFICERS

North Carolina General Statute 15A-401 (d)

I PURPOSE

o

The purpose of th is order is  to explain the lim itations of the law upon the use 
of force by police officers so that each o ffice r may perform his duties confi­
dently and wisely and not subject himself to criminal or c iv il  l ia b il it y .

I I  DISCUSSION

North Carolina State law spec ifica lly  lim its the use of force by police officers. 
When a police o ffice r goes beyond the lim its set by the law, he no longer is  pro­
tected by his office and his badge; he is  subject to c iv il and criminal l ia b il it y .  
A police o ffice r who uses force in excess of that allowed or who uses force in a 
situation where i t  is  not permitted is  liab le  for damages to the person against 
whom force is  used and may be subject to criminal prosecution.

I l l  DEFINITIONS

The law distinguishes between deadly force and non-deadly force. "Deadly force" 
means force like ly  to cause serious physical injury or death. F iring a gun is  
always deadly force. I t  makes no difference i f  the intent of the o ffice r was 
merely to frighten or wound. Once the weapon is  discharged, the o ffice r has used 
deadly force.

"Non-deadly force" is  any other physical force, including the use of the baton 
and the chemical Mace. However, they could be used in such a way as to constitute 
deadly force.

IV STATEMENT OF THE LAW

A. NON-DEADLY FORCE

1. The o ffice r may use only that amount of non-deadly force which is  
reasonably necessary for the accomplishment of his mission. I f  a 
peaceful means is  at his disposal and would serve as well, he must 
use it.

2. When making a lawful arrest, the o ffice r may use that amount of non-deadly 
force he reasonably believes necessary to overcome resistance, but no more 
than that.

3. To prevent an arrestee from escaping, the o ffice r may use that amount of 
non-deadly force reasonably necessary to prevent the escape.

4. To prevent a crime or breach of the peace, the officer may use that amount 
of non-deadly force reasonably necessary to do so.

m i l



5. An o fficer can use non-deadly force when reasonably necessary to defend 
himself or a 3rd party from what he reasonably believes to be the use or 
imminent use of non-deadly force.

Summary: Non-deadly force may be used by the officer in the performance of
hlrchnocT reasonable and necessary. Unnecessary force or unreasonable 
harshness w ill take the o ffice r outside the protection of the law.

B. DEADLY FORCE

1

3.

The office r may use only that amount of deadly force which is  
reasonably necessary for the accomplishment of his mission. I f  a 
peaceful means is  at his disposal and would serve as well, he must 
use it. Deadly force is  a la st resort; i f  another means exists for 
dealing with the situation, i t  must be used.

The office r may use deadly force to defend himself or a third person 
from what he reasonably believes to be the use or imminent Use of 
deadly force.

The office r is  ju stified  in using deadly force only when reasonably 
necessary to effect an arrest or to prevent the escape from custody 
of a person who he reasonably believes is  attempting to escape by 
means of a deadly weapon, or who by his conduct or any other means 
indicates that he presents an imminent threat of death or serious 
physical injury to others unless apprehended without delay, or to 
prevent the escape of a person from custody imposed upon him as a 
result of conviction for a felony.

B.

V PUBLIC SAFETY

A. WARNING SHOTS: When deadly force is  lega lly  permissible, as outlined above
the o ffice r may fire  a warning shot. He may not fire  a warning under any other 
circumstances, ^ e  danger to innocent bystanders must be taken into consideration'

and shoHi5''JSt ba1 lre3  necessary,

ASSISTANCE: The rules pertaining to warning shots apply, except* I f
the o ffice r is  defending himself or another from personal danger less than that 
which would allow the use of deadly force, and f ir in g  a gun does r e c r e a te  a 
danger to other persons, and there is  no other wav to summon assistance, the 
o ffice r may fire  a shot as a call for assistance.

MOVING VEHICLES: Even when the use of deadly force is  allowed, f ir in g  at a
moving vehicle creates such a serious danger that the officer shall only do so:

1. I f  there is  a serious and immediate danger to human l ife  unless the 
vehicle is  stopped at once, or:

2. The area is  such that i f  the vehicle goes out of control i t  would not 
endanger innocent bystanders.

Summary: Deadly force may only be used when dealing with felonies dangerous
to human l ife ,  or when defending oneself or another against serious bodily 
harm or death, and then only when reasonable and necessary. When discharging 
a firearm, an o ffice r must consider the live s and safety of others.

C.

1200



V
VI PROCEDURE FOLLOWING THE USE OF FORCE BY A POLICE OFFICER

GENERAL ORDER #2
Page 3

A. the o ffice r encountered a su ffic ient degree of resistance to ju st ify  a

B.

C.

D.

F.

I f  the o ff ic e r 's  use of force injures the prisoner:

1. The o ffice r w ill take the prisoner d irectly to the hospital i f  
medical attention is  required. I f  he is  in doubt as to the 
necessity of medical treatment, he w ill immediately contact his 
supervisor for a decision.

2. The o ffice r w ill immediately submit Form A-19 (Use of Force) to 
his supervisor who w ill forward a copy to the D ivision Commander 
y the Team or Section Commander and Bureau Commander, and send a 

copy to the Inspections and Control Bureau.

Form A-19 w ill also be submitted, as in paragraph No. 2 above, whenever 
the o fficer uses a chemical MACE or other chemical agent. In the event 
chemical agents are used to disperse rio ters, mobs, or crowds, the senior 
o ffice r at the scene shall submit th is report.

Whenever a service firearm is  discharged in the performance of duty, 
(accidentally or on purpose) - the o ffice r discharging said firearm w ill 
report the incident on Form No. A-19 and submit said form as in section 
VI, B, paragraph'2 of th is order. Supervised firearms training excluded.

In the best interest of the officers involved in incidents where a person 
Charged with resisting  arrest or assault on an o ffice r, the o fficer w ill 
complete a use of force form and submit same through the regular channels.

Complaints by injured persons w ill be handled in accordance with General 
Order No. 3.

1 s

V II PURGING OF USE OF FORCE FORMS

It  shall be the responsib ility  of the Inspections and Control Bureau to purge 
a ll Use of Force forms after a period of two years.

%

TS(U



' C H A R L O T T E  P O L I C E  D E P A R T M E N T

GENERAL ORDER
EFFECTIVE D.ATE 

9 -9 -75

R E S C I N D S  
General Order tfl 
dated 1-9-75

NO.
2

SUBJECT
THE USE OF FORCE BY POLICE OFFICERS

AJ-IENUS

I PURPOSE

The purpose o f  t h i s  order  i s  to e xp la in  the l im i t a t i o n s  o f  the law upon the use 
o f  force by p o l i c e  o f f i c e r s  so that each o f f i c e r  may perform h i s  dut ies  c o n f i ­
den t ly  and wis.ely and not sub jec t  h im se l f  to c r im ina l  o r  c i v i l  l i a b i l i t y .

I I  DISCUSSION

Based upon the law o f  the State  as in te rp re ted  by North C a ro l in a  Courts and lega l  
counse l ,  the State  s t a t u t e s  s p e c i f i c a l l y  l im i t  the use o f  force  by p o l i c e  o f f i c e r s ,  
When a p o l i c e  o f f i c e r  goes beyond the l im i t s  set by the law, he no longer  i s  p ro ­
tected by h i s  o f f i c e  and h i s  badge; he is  no longer immune to legal  recourse.  A 
p o l i c e  o f f i c e r  who uses fo rce  in excess  o f  that al lowed o r  who uses force in a 
s i t u a t i o n  where it  is  not permitted is  l i a b l e  for  damages to the person a g a i n s t  
whom fo rce  i s  used and i s  subject  to c r im ina l  p rosecu t ion.

I l l  DEFINIT IONS

The law d i s t i n g u i s h e s  between deadly force and non-dcadly  f o r c e . "Dead ly  f o r c e "  
meiins fo rce  l i k e l y  to cause s e r i o u s  phy s i c a l  i n ju r y  o r  death. F i r i n g  a gun i s

I t  makes no d i f f e re nc e  i f  the in tent  of  the o f f i c e r  was
Once the weapon i s  d i scharged,  the o f f i c e r  has used

always deadly force, 
merely to f r i g h t e n  o r  wound, 
deadly force.

"Non-dead ly  f o r ce "  i s  any o the r  phy s ic a l  fo rce ,  i n c lud in g  the use o f  the baton 
and the chemical Mace. However, they cou ld be used in such a v/ay as to c o n s t i t u t e  
deadly force.

IV STATEMENT OF THE LAW

A. NON-DEADLY FORCE

2 .

The o f f i c e r  may use on ly  that amount o f  non-de.adly force  which is  
reasonab ly  necessa ry  fo r  the accomplishment o f  h i s  m i s s ion .  I f  a peace­
ful means is  at h i s  d i spo sa l  and would serve as w e l l ,  lie must use i t .

When making a lawful a r r e s t ,  the o f f i c e r  may use that amount o f  non-deadly  
force  he reasonab ly  be l ie ve s  necessa ry  to overcome re s i s t a nc e ,  but no more 
than that.

l o  prevent an a r re s te e  from escjf i ing  the o f f i c e r  may use that amount of 
non-deadly  force reasonably  necessa ry  to h a l t  him.

'i. To prevent a rrii'K- or hre,K:h of the peace the 
of nonrdeadly force reasonably necessary Lo do so.

o f f i c e r  nny use that anvtnint 
1202



-2- N

GEUEflAL ORDER Hi

5. Summa^: Non-dead ly fo rce  may be used by the o f f i c e r  in the performance o f
h i s  d u t ie s  when £ ea sonable  and n e c e s s a r y . Unnecessary  fo rce  or unreasonable  
f iarshness w i l l  take the o f f i c e r  o u t s id e  the p ro te c t io n  o f  the lav/.

B. DEADLY FORCE
»

1. The o f f i c e r  may use dead ly  fo rce  to defend h im se l f  o r  a ' t h i r d  person from 
what he reasonab ly  b e l i e v e s  to be the use or  imminent use o f  deadly fo rce .

The o f f i c e r  i s  j u s t i f i e d  in u s in g  deadly  fo rce  on ly  v/hen reasonab ly  neces sa ry  
to e f f e c t  an a r r e s t  or to prevent the escape from custody  o f  a person who he 
reasonab ly  b e l i e v e s  i s  attempting  to escape by means o f  a deadly  weapon, or 
who by h i s  conduct or  any o the r  means ind ica te s  that he p re sen t s  an imminent 
th reat  of  death or s e r i o u s  phy s ic a l  i n j u r y  to o the rs  u n le s s  apprehended w i t h ­
out delay;  or to prevent  the escape o f  a person from custody  imposed upon him 
as a r e s u l t  o f  c o n v i c t i o n  f o r  a fe lony .

2 .

V PUBLIC SAFETY

A. WAR^JG _SH0TS: When deadly fo rce  i s  l e g a l l y  p e rm i s s ib le ,  as o u t l i n e d  above, the
o f f i c e r  may f i r e  a warning shot.  He may not ‘f i r e  a warning under any other  c i r ­
cumstances. The danger to innocent by standers  must be taken in to  c o n s id e ra t i o n :  
I f  the warning shot  would endanger those nearby, i t  i s  not reasonab ly  necessary!  
and i s  not a lawful use o f  deadly fo rce.

CALL FOR ASS ISTANCE: The ru le s  p e r t a i n i n g  to warning sho t s  apply ,  except: I f
the o f r i c e r  i s  defend ing  h im se l f  or  another  from personal  danger le s s  than that 
which would allcxv the use o f  deadly fo rce,  an^  f i r i n g  a gun does n ^ c r e a t e  a 
danger to other  pci ' sons,  and there i s  no other  way to summon a s s i s t a n c e ,  the 
o f f i c e r  may f i r e  a shot  as  a c a l l  f o r  a s s i s t a n c e .

C. MOVING VEHICLES: Even when the use o f  deadly  force  i s  allov/ed, f i r i n g  at a
moving v e h i c le  c reates  such a s e r i o u s  danger that the o f f i c e r  s h a l l  on ly  do so:

1. . J f  tl'.ere is  a s e r i o u s  and immediate danger o f  human l i f e  un le s s  the
v e h i c l e  i s  stopped at once, or:

2. The area i s  such that i f  the v e h i c l e  goes out o f  con tro l  i t  would not 
endanger innocent by standers .

Summary: Deadly force  mayjonly  be used when dea l i n g  w ith  f e l o n i e s  dangerous
to human l i f e ,  o r  when defeTiding o n e se l f  o r  another  a g a i n s t  s e r i o u s  b od i l y  
harm o r  death, and then o n l y  when reasonable  and neces sa ry .  D i s c ha rg in g  a 
f i rea rm  in any other  s i t u a t i o n  is an unlawful use o f  deadly fo rce.

1203



'GENERAL ORDER tfl

-y

VI PROCEDURE FOLLOWING THE USE OF FORCE BY A POLICE OFFICER

A. I f  the o f f i c e r  encountered a s u f f i c i e n t  degree o f  r e s i s t a n c e  to j u s t i f y  a 
charge  o f  r e s i s t i n g  a r r e s t  o r  a s s a u l t i n g  a peace o f f i c e r ,  these charges 
should  be made immediately.

B. I f  the o f f i c e r ' s  use o f  force in ju re s  the p r i s o n e r :

F.

The o f f  leer  w i 11 take the p r i s o n e r  d i r e c t l y  tO' the h o sp i t a l  
medical a t te n t io n  is  requ ired.  I f  he i s  in doubt 
n e c e s s i t y  o f  medical treatment he w i l l  
s u p e r v i s o r  fo r  a d e c i s i o n .

i f
as to the* 

immediately contact  h i s

2 . The o f f i c e r  w i l l  immediately submit Form A-19 (Use o f  Force) to 
h i s  s u p e r v i s o r  who vvil l  forward a copy to the D i v i s i o n  Commander 
by the Team o r  Sect ion  Commander and Bureau Commander, and send a 
copy to the In spec t ion s  and Control  Bureau.

Form A-19 w i l l  a l s o  be submitted, as in paragraph No. 2 above, whenever 
the o f f i c e r  uses a chemical MACE o r  o the r  chemical agent.  In the event 
chemical agents  are used to d i sp e r se  r i o t e r s ,  mobs, o r  cro*.^ds, the s e n i o r  
o f f i c e r  at tiie scene s h a l l  submit t h i s  report .  '

Whenever a s e r v i c e  f i rea rm  is  d i s cha rged  in the performance o f  duty, 
( a c c id e n t a l l y  or  on purpose) - the o f f i c e r  d i s c h a r g i n g  s a i d  f i rearm w i l l  
report  the in c ident  on Form No. A-19 and submit s a id  form as in se c t ion  
V I ,  B, paragraph 2 o f  t h i s  o rder .  Supe rv i sed  f i rea rms  t r a i n i n g  excluded.

In the best  i n t e r e s t  o f  the o f f i c e r s  invo lved  in in c iden t s  where a person is 
charged with r e s i s t i n g  a r r e s t  or  a s s a u l t  on an o f f i c e r ,  the o f f i c e r  w i l l  com­
p le te  a use o f  fo rce  form and submit same through the re g u la r  channe ls .

Complaints by in jured  persons  w i l l  be handled in accordance with General 
Order No. 3.

V I I  CONCLUSION

A p o l i c e  o f f i c e r  i s  the o n l y  person en t ru s ted  with  the power to use force  a g a i n s t  
another  person. Because o f  ihe  e x t r a o rd i n a r y  dangers inherent in t h i s  power the 
law s t r i c t l y  de f ines  and l im i t s  i t s  use. The p o l i c e  o f f i c e r ,  who w ie ld s  t h i s
awesome pov/er, must c o n s t a n t l y  be aware o f  i t s  l i m i t a t i o n s  fo r  h i s  p ro te c t ion  and 
the o ro te c t i o n  n f  nnhli/-

1204



-30-

whether by a police officer or anyone else —  is presumed 
unlawful unless the person v/lio has killed’can provide a
"lav/ful justification" for his action 23 Since the police

occupy a special role in society with respect to the use
of force, the Illinois Criminal Code contains a separate
provision which spells out the circumstances in which
police have a "lav/ful justification" for exercising force
likely to cause the death of another:

A peace officer . . . need not retreat
or desist from efforts to make a law­
ful arrest because of resistance to the 
arrest. He is justified in the use of 
any force which he reasonably believes 
to be necessary to defend himself or 
another from bodily harm while making 
an arrest. Kov/ever, he is__ iusti fled— Ln_ 
using force likely to cause death or 
great bodily harm only when he reason­
able believes rnar suen torce is neces­
sary to prevent death or great bodily
harm to himself or such other person, 
~br when he reasonably believes that

(1)

(2 )

force is necessary to
vent the ,arrest from being dc-
feated bv resistance or escape;
and
The oerson to be arrested has.
committed or attemoted a torcible
felonv or •iatternDting to escape
by use of a deadly weapon or
otnenv-1 se indicates that he v;ill
endanger !human life or inflict
great bodily hapm unless arrested

^^The language of the statutes defining murder, vo]untary 
manslaughter, and involuntary manslaughter all specify 
that the killing must be "-without la'wful justification." 
Ill.Rev.Stat., Ch. 38, §§9-1, 9-2, 9-3.

2 4Ill.Rev.Stat., Ch. 38, §7-5(a) (emphasis added).

120 f).



general order O A T C  o r  i s s u e

30 Ju ly  1974

c r r c c T i v e  o a t c

31 Ju ly  1974

NO.

74-12
3 U 8 J C C T

DEADLY FORCE
0 1  S T R 1.  
BU T l ON

B
A M C N O S

R C r C R C N C C

General Orders 67-19, 67-21, 68-16
R C S C I N O S

General Order 67-14 
Teletype Message 31890

1.

II.

III.

PURPOSE 

This order:

A. disseminates provisions o f the law relating to the use of force likely to cause death or great bodily harm.
B. announces Department policy and guidelines.
THE LAW

A, Chapter 38, Article 7, Section 7*8, Illinois Revised Statutes provides:
Force which is likely to cause death or great bodily harm includes:

(1) The firing of a firearm in the direction o f a person to be arrested, ever ♦‘’©ugh no in tent exists to kill or inflict 
great bodily harm; and

(2) The firing of a firearm at a vehicle in which the person to  be arrested is riding.’’
13. Chapter 38, Article 7, Section 7-5, Illinois Revised Statutes states:

A peace officer is justified in using force likely to cause death or great bodily harm only when he reasonably believes
that such force is necessary to prevent death or great bodily harm to himself or such other person, or when he reason­
ably believes BOTH that:

(1) Such force is necessary to prevent the arrest from being defeated by resistance or escape; AND
(2) The person to be .irrc.cted has com m itted or attem pted a FORCIBLE FELONY or is attem pting to escape by use 

of a DEADLY WEAPON, or otherwise indicates that he will ENDANGER HUMAN LIFE OR INFLICT GREAT 
BODILY HARM unless arrested w ithout delay.”

[Empiiasis added.]

C. Chapter 38, Article 2, Section 2-8, Illinois Revised Statutes defines forcible felony as follows:

forcible felony means treason, murder, voluntary manslaughter, rape, robbery, burglary, arson, kidnapping, aggravated 
battery and any other felony which involves the use or threat o f physical force or violence against any individual.” 

DEPARTMENT POLICY AND GUIDELINES

A. Members will not resort to the lawful use of firearms until all other reasonable means at their disposal to effect appre­
hension and control nave been attem pted w ithout success. The essence of this policy is that the use of firearms in any
“ e l v e s  t o  CO N FO R N rrO  THIS Pm-^CY UNNECESSARILY OR UNREASONABLY ENDANGER THEM-

The following acts are forbidden:
1. Firing into crowds.

Firing over the heads of crowds except in an immediate grave emergency situation and only on the specific order 
of a Department command officer of exempt rank.

Firing warning shots to apprehend and control an individual against whom the use of deadly force is not au thor­
ized by law.

B.

2.

Firing warning shots to apprehend and control an individual against whom the use of deadly force is authorized 
by law when there is likelihood of serious injury to persons other than the person to be apprehended.

Firing into buildings or through doors, windows, or other openings when the person lawfully fired at is not clearly 
visible. ’

Firing at or in the direction of a vehicle or person against whom he may legally use such force if there is a like­
lihood of serious injury to innocent persons or if the use of such force would likely outweigh the police purpose

#
Indicates new or changed item. 

28-72



" / ''2^^ Cjl, l/f (jlKSi^atXAAc/ '

.j,i^U u  iTk^. '^/xJUO

1 .

TfieTnternal guidelines of tv/o Ohio police departments, Colum­
bus^ and Dayton, are representative of the trend on the part 
of law enforcement officials away from the common-law doctrine. 
The Columbus Division of Police General Order reads as follows:

I. GENERAL POLICY GUIDELINES

Use of Deadly Force to Effect Arrest
It is the duty of police officers to arrest 
violators of the law. A police officer need 
not retreat and desist from efforts to make a 
lawful arrest because of resistance or threat­
ened resistance to such arrest.

Human life is precious. The American system
designed to afford those charged 

with the commission of crime an opportunity 
to be tried by judge or jury in a court of law. 
Since the use of deadly force may deprive a 
human being of these rights, a police officer 
in most instances is justified in using deadly 

where the circumstances are such 
that human life may be endangered.
The use of deadly force by an officer against 
a human being is justified in the apprehension 
exist^^^^^"^^ w^en the following situations

a. The officer has reasonable cause to believe 
that the use of such force is necessary 
to prevent death or great bodily harm to 
himself (self defense) or others (defense of third person).

b. The officer knows that a felony endangering 
human life such as murder, rape, robbery 
kidnapping, manslaughter in the first decree 
assault with a deadly force, burglary of an 
inhabited dwelling, breaking and entering 
an inhabited dwelling, or arson of an in- 
habited dwelling, has been or is being com- 
mitted, and the person known to have commit­
ted such felony will escape unless deadly 
force is used and other means of apprehension 
IS not reasonably available.

-  41 -

12(27



. - - l i Q * . .  V ,  ‘ • • c. The officer knows that a felony such as
 ̂ breaking and entering or arson
of an uninhabited structure, when it is 
pi^obab 1 e that such acts have endangered 
human life, has been or is being committed, 
and the person known to have committed 
such a felony will escape unless deadly 
force is used and other means of apprehen­
sion have failed and no other means of 
apprehension is reasonably available.
Great discretion in deciding whehter or not 
to use deadly force in these instances must 
be employed, since the final decision must 
be based upon the gravity of the crime, risk 
to innocent persons, and the continuing 
threat to the public safety that the offen­
der's escape may cause.

d. The officer, when engaged in suppressing a
riot or in dispersing or apprehending riot­
ers and after proper orders have been issued 
may use such force as is necessary and pro­
per to suppress the riot or disperse or 
apprehend rioters. *

®• Warning Shots and Shots from or at Moving Vehicles
1. An officer should not fire warning shots.
2. An officer should not fire from or at a moving 

vehicle, except in the most critical circum­stances. 18/
The Dayton Police Department guidelines state:
I. Policy

A. Police officers are limited by statute to use 
orily the MINIMUM amount of force necessarv to 
effect an arrest. The use of a firearm by an 
officer illustrates application of MAXIMUM 
force. Members of the Dayton Department of 
Police shall exhaust every other reasonable 
means before resorting to the use of firearms.

!£/ Department of Public Safety, Division of Police, Columbus, 
Ohio Informational Order 70-5 (July 30, 1970) .

- 42 - 

1



/ lv.a;’v̂ \ 0 U

1 2M  6 0 Discharfrln^- nf Firearns by Poll ce _Per3onnel 

.. Reference (a) Manual Rule 00. ̂ ‘il
(b) Use of Force 12.1^5
(c) Ohio Revised Code

r

Purpose:
1 . To conply with law.
2. To clarify Division Policy on this subject.
3 . To promote public confidence and support in 

the Police Program.

Policy:
Members of the Police Division shall e.xhaust all 
reasonable means before resorting to the use of 
firearms. Deadly force must never be used on 
mere suspicion alone. The safety of innocent 
persons is of paramount importance, and where 
there is substantial risk to the safety or life 
of an innocent citizen, the safety of the citizen 
should take precedence over the Mere A?prehens;._on. 
of an escaping felon.
In conpDiance with the lav and in order to achieve 
the purpose of this order, the Division’s Policy 
governing the use of firearms is.

SELF DEFENSE: A police officer is authorized
to use that force reasonably necessary to

himself or others from loss of li fe_
"or great bodily harm at the hands of another.
a. There must be an apprehension of real or 

immediate danger based on an overt and/or 
constructive act by anothei.

FELGHIEG: WHEN ALL OTHER MEANS AT THE OFFTCHH'S
DISPOSAL HAVE FAILED, the use of firearms is^ 
authorized as a last resort to apprehena_a 
fleeing felon in the following cases.

1.

a. AGGRAVATED MURDER - 2903.01
b . MURDER - 2903.02

l/=. RAPE - 29OT.O2

7 /1 / 6 6
7 /1 /VO
5 /1 6 / 7 1
2 /3 /7 >‘

1 2 0 n



1 2 . 1 6 0

*. ■

h
d. AGGRAVATED ARSON - 2 9 0 9 . 0 2

e. AGGRAVATED ROBBERY - 2 9 1 1 . 0 1

f. AGGRAVATED BURGLARY - 2 9 1 1 . 1 1

g* COMPLICITY IN ANY OF THE ABOVE

The n̂ -P-irer mav use his firearm in order
apprehend the perpetrator of any of i.ho
above in order to:

effect his arresta.

b. prevent his escape

D

D

D

3.

k.

onlv as a lo.st resort .̂'̂ on a n other means
at the officer’s discosal nave failed.

The colice officer may employ the use of hi s _
'firearm ONLY when he has witnessed one of the
nf orenonti one d oil’cnses, 01 knowo b e V 0 n d a
reasonable doubt that the ouspcct or suspects
did commit the oriense.

6 .

ALL OTHER FEL0RIE3: In cases of all other felon-
ies (those not listed under Section B-2) NO 
SHOTS VJILL BE F1P.2D BY POLICE PERSONNEL EVEN 
IF THE PERPETRATOR ATTEMPTS OR SUCCEEDS IN 
HIS ATTEMPT TO FLEE.

t

MISDEMEANOR; In effecting the arrest of a per­
son known or believed to have coninitted a cis- 
deneanor; NO SHOTS WILL BE FIRED BY POLIC^ 
PERSONNEL EVEN IF THE MISDEMEANANT ATTEMPiS OR 
SUCCEEDS IN HIS ATTEMPT TO FLEE.
JUVENILES: A police officer shall NOT discharge
his fire a m  at a person known to be or suspected 
of being p- Jvivenile (person less than I8 years 
of age) except under circunstances which cone 
within the provisions of the self defense policy
MOVING VEHICLES: NO SHOTS will be fired from
noving vehiclt;^ or at fleeing vehicles unless 
the situation becomes one of self defense.

1210 Rev. 2 / l h



t̂'r-1 ^ir\ r\ CX+t
1 2 . 1 6 0

12.160 Pi 3 ch ar Bin of Firearns 'by Police Personnel

V Reference: (a) Manual Rule 00 . J<i»l
(b) Use of Force I2 .IU5
(c) Ohio P.evised Code

Purpose:
1. To conply vith law.
2. To clarify Divisioii Policy on this subject.
3 . To promote public confidence and support in 

the Police Program.
Policy:
Members of the Police Division shall e.xhaust all 
reasonable means before resorting to the use of 
firearns. Deadly force must never be used on 
mere suspicion alone. The safety of innocent 
persons is of paramount importance, and where 
there is substantial risk to the safety or life 
of an innocent citizen, the safety of the citizen 
should take precedence over the Mere Anprehension 
of an escaping felon.
In compliance with the law and in order to achieve 
the purpose of this order, the Division's Policy 
governing the use of firearwR •



J.2 . l6o 12.160

D
d. AGGRAVATED ARSON - 2909.02

e . AGGRAVATED ROBBERY - 2 9 1 1 .0 1

f. AGGRAVATED BURGLARY - 2 9 1 1 . 1 1

g- COMPLICITY IN ANY OF THE ABOVE
The officer aay use his firsara in ord.gr ~to ^ 
apprehend Phe perpetrator 01’ any ol the 
above in order to:
a. effect his arrest
b. prevent his escape
c. recaoturo bin following a successful escape 

*^lv as a "last resort vnea all other neans 
at the officer's disposal have failed.

The -police officer nay enploy the use of his_ 
fireara ONLY when he has witnessed one of the 
aforenentioned offenses, or Knows beyond a 
reasonable doubt that the suspect or suspects 
did coaait the offense. '

3. all other FEL0!?ISS; In cases of all other felon- 
ies (those not listed under Section B-2) NO 
SHOTS V7ILL BE FIRED BY POLICE PERSONNEL EVEN 
•TT, nt-T- •nr’ntJiTT'TJ/'rinP a'T TIT MPT S OR SUCCEEDS IN

:)

D

1211



DALLAS POLICE D EPA RTM EN T
general order

7 4 - 4
.:jut4Jh( i. ---------------------------------------------

U S E  O F  D E A D L Y  F O R C E

IN D E X  A S , R E P L A C E S :

D e a d ly  Force, F ire a rm s, U se  o f  

D e a d ly  Force, U se  o f  F ire a rm s G e n e r a l O r d e r  # 7 0 - 1 4

This orclor consisis of (l,c followioff numbered sections: 

r. Purpose
tm’ J?f''’-" ' 'nen;al I’olicy 
III. I-.ffeciive Dale

ppem IX -  Pciiai Code, Slate of Texas, 1973 (Chapter 9)

Purpose

i f » policy povem. 
mcnt. ■ ' '"<='“ '̂ ='•5 01 this Depart-

II. Dc'ii.irliiKri'iil Policy

P'=™its rfcadlv force 

eh Sf- ’'o  ® (Justification Fx

n. The policy of this Department specifically forbids:

' 's ih .- ’t t . '’'’ o'cadlv foree in
bo .niw'i fo'-ce v.-ouM not
fl'idine r r  n̂ - '5  Cimptor s (Justilication Ex-

2. Fiiinp into Iniiidinps or other pliccs where offen 
* r s  snspecled of hiding. Thr^nlv

r.-om that ioeatio; a M h e ^ m ;"  o ^ h V r?

^ic in MiniMient diTn("i*r oi fl'-iiii n»- e • injury. ® ° sccious bodily

*■ hiring at a Heeing or stolen vehicle, unless an 
oeenpant of the vehicle is using or attemp h g  ̂
use deaoiy lorce or, an of,leer or other pc;-sons.

5. Firing “warning shots."

‘'’-'jtcls unless
o deem”'' " "  “'■P ‘"'Ii’iaont dangerOf death or serious bodily injury. ^

and/or''d i°^ ''“'  P^i'inhs the drawingnnd or dispUying of firearms uhen:

'■ feasor M^v'" jui'enienl, has
f  f ?  P î’-’d-inl safetv and'or

he safety o others (this inelodcs but is not limited
0 (he search of a building for a burglar a I'obbcrv in progress), or f. . “ lucu^iy

2. The offender is susne.'led of hss-ing ,n rtc.-d’v 
'Capon ,n his possession, (Tlie intent of lliis pro- 

'ision IS to permit the oaicers to nroVrf 
solves and other.s .A.M, (o avohi th, ii^cessif- 
act, ally having in „.,p a firearm when the ti,Vc-.t 
of doing so might accompiisli the purpose.)

HI. Effective Date

This order is effective March 4, 1974

D. A. IjynD 
'  Chief of Police

1213

1.1
MAItril I'l 19TI



Appendix I to General Order 74-4

TEXAS PENAL CODE 1973
CH A PT ER  9. Justification  Exc lud ing  

C rim in a l Responsib ility

SU C C H A P T E R  A. G ene ra l P rovisions

Section 9.01. Definitions.

In this clinptcr:
(1) "Custody” incnns:

(A) under arrest by a peace officer; or
(B) under restraint by a public servant pursuant to an 

order of a court.
(2) "Escape” means unauthorized departure from cu.stody 

or failure to return to custody following: temporary leave 
for a specific purpose or limited period, but docs not 
include a violation of conditions of probation or parole.

(.1) "I’ieadly force” moans force that is intended or known 
by the actor to cause, or in the manner of its use or 
itJtcndcd use is capable of causing, death or serious 
bodily injury.

§ 9.02. .Tiislincalinu as a Defense.

It is a dcfc!isc to prosecution that the conduct in ques­
tion is justified under this chapter.

§ 9.03. Ciinfiin'mcnl ;is n .Jiislifiiihle Foi'ce.

ConfincniiMil is jiislifial when force is jt;.sli(ieil by this 
di.'ipter if the .nctor toke.s ro.'tsonoble measures to lermin.stc 
the confinein'-iU as soon as he hnow.s lie safely can lailcss 
the iier.soii cmifined lias been aneslctl for an offense.

§ 9.04. Tlnonfs as Justifiable I’mce.

The tlii'c.nl of force is justified when the use of force is 
justified by this chapter. For purpores of this section, a 
threat to cause rie.vh or serious bodily injury by the produc­
tion of a weapon or ellKTwi.se. as Ion;; as the actor’s purpose 
is limited to creatiii" an apprehensioa that bo will use dead­
ly force if iicces.sary, does not constitnlc the use of deadly 
force.

§ 9.05. I?ccl()e?s Injiny of Innocent Thitd 
Dcr.son.

Even though an actor is justified under this chapter in 
threatening or using fore.* or deadly force again.st another, 
if in doing so lie aNo recklessly injuros or kills an innocent 
third person, tlic jusiificalion afforded by Ibis chapter is 
unavailable in a jirosecution lor the rcci:k*ss injury or killing 
of (he innocent third person.

§ 9.06. Civil Remedies t'naffcctcd.

The fact that conduct is justified under this chapter does 
not nboli.slj or impair any remedy for the conduct that is 
available in a civil .suit.

S U B C H A P T l Î  B. Justification  G ene ra lly  

Section 9.21. Public Duly.

(n) Except e.s (iii.dified by Suliseclion.s (hi and (c^ of tins 
seclioii. condutf is justified if i!ir nclor reasonably be- 
lieve.s ihe con ind is required or authorized by law. by 
the judymciu or order of a roin|vlenl cuurt or otlu i 
governnu ntal iri’.Mnal, or in the e.xcculion of legal 
prcce.ss.

(b) The other sections of lliis chapter control when force 
is used .against a person to protect persons (Subchaptcr 
C), to protect property tSubchaptcr D), for law enforce­
ment (Subchapter E), or by virtue of a special relation- 
.sliip (Subchaptcr E).

(c) The use of deadly force is not justified under this sec­
tion unless the actor reasonably believes the dean's 
force is specifically required by statute or unless u 
occurs in the lawful conduct of war. If deadly force ;s 
so justified, there is no duty to retreat before using d

(d) The justification afforded by this section is available 
if the actor reasonably believes:
(1) tlic court or governmental Iribunrd has jurisdiction 

or the proce.ss is lawful, even though tne court or 
govcrnincnta! tribunal lacks jurisdiciion cr the pro­
cess is unlawful; or

(2) his conduct is required or authorized to assist a 
public servant in the performance of h.is official du!>. 
even though the servant e.xcecds his lawful authority.

§ 9.22. Nccc.ssily.

Conduct is ju.stificd if:
(1) tlia actor reasonably believes the conduct is immediately 

necc.ssary to avoid imminent harm:
(2) lh(* dc.sirabilily and urgency of avoi«)ing the harm clear­

ly outweigh, according to ordinary standards of rcasor.- 
aldeness, the harm sought to be p’-oventci! by the la v 
prescribing the conduct: and

(3) a legislative purpose to exclude tlie justification claimed 
for tlic conduct does not otiicrwisc plainly appear.

SU B C H A P T E R  C. Protection of Persons 

Section 9.31. Sclf-Dcfc-n.'^e.

(a) E.xccpt as provided in Subsection (b) of this section, a 
person is ju.stified in using force against anciher when 
and to the degree he reasonably believes the force i.s im­
mediately necessary to protect iiimscli against tlic 
other's use or attempted use of unlawful force.

(b) The use of force against another is not justified:
(1) in response to verbal provocation alone:
(2) to rc ŝlst an arrest or scarcii that the actor knows i.- 

being made by a peace officer, or by a person acting 
in a peace officer's presence and at his direclicn. 
even though the arrest or search Is uMlawful. unlos.- 
tlio rc.sistancc is justified under Subsection (c) of 
this section;

(3) if the actor con.sented to the c.xact force u.sed or 
'attempted by the other: or

(4) if (lie actor provoked the other's use or attcn>pted 
use of unlawful force, unless:
(A) the actor abandons (be encounter, or clearl;. 

conimuniente.s to the other his inleni to do so 
reasonably believing he cannot safely abandon 
the oncuunler; and

(BI the other neverthelcs.s continues or alten:pt.s to 
use utilawful force against il:e actor.

(c) The use of force to resist an arrest or .search is justified 
.J l )  if. before (he actor ofb-rs any resistance, the p-.ace

officer (or person acting at his dircctmn> usis oi
------------- - nltonipls to u.sc greater loue than ncee.vsary tu

make Die arrest or search: and



• *■
.ind to degree the ;ictor reeson.-.bly 

thieves the force is immediately necessary to pro- 
Jiiinsclf apainit the peace officer’s (or other 

pr'* person’s) nsc or allcn'.picd use of greater force than 
necessary.

(i) Tlie use of deadly force is not justified under this sub- 
chapter e.sccpi as provided in Sections 9.32, 9.33, and 
9.34 of llus code.

9.32. neadiv I'oi cc in Defense of I ’cr-son.

A person is justified in using deadly force against an-
tlier;
1) if he would be justified in using force against the other 

under .Section 9.31 of this code;
2) it a reasonable person in the actor's situation would not 

have retreated: and
3) wlicn and to the degree he reasonably believes the dead­

ly force is iniinedictely necessary:
(A) to protect himself against the other's use or at­

tempted use of unlawful deadly force; or
(B) to prevent llic othiT's imminent commission of ag­

gravated kidnapping, murder, rape, aggravated 
rape, rolibcry, or aggravated robbery.

9.33. Defense of Tliii d Pcr.son.

A person is justified in using force or deadly force
:igr:ini.t another to protect a ihird person if;
(1) under the circujr.slanccs as the .actor reasonably be­

lieves them to be, tlie actor would be justified under 
Section 9.31 or 9.:i2 of this code in using force or deadly 
force to protect liirnsclf against the unlawful force or 
unlawful deadly loree, he reasonably believes to he 
tlireatening the third pi-iiOn i.e .seeks to protcci; and

(2) tlio actor rcason.al)ly believes dial his intervention is im­
mediately nccessaiy to protect die third person.

§ 9.34. I’rofcclion of Life or lleallh.

(a) A person is jn.slified in using force, hut not deadly 
force, against another when and to the degree he rca- 
sonntily believes the force is iniinedia’cly neecss.ary to 
prevent the otlier from rommillir.g suicide or inflicting 
serious bodily injury to hinin lf.

(b) A person is justified in using both force and deadly 
force against anotlier when and to die degree he reason­
ably belicve.s die force or deadly force is immediately 
necessary to preserve the other's life in on emergency.

SU B CH A P T ER  D. Prol-cction of Property  

Section 9.41. Profection of One’.s Own Property.

(a) A person in lawful possession of land or tangible, mov­
able property is justifioit in using force against innothor 
when and to the degree tlio actor reasonabiy believes 
the force is immediately necessary to prevent or termi- 
n.ate the ether’s lres])as.  ̂ on the land or unlawful inter­
ference willi (he property.

(b) A person unlawfully riispossc.sscd of land or tangible, 
movable properly by another is justified in using force 
against tlie o D u t  when and to the degree the actor 
reasonably Itclieve.s the force is immediately nccc.ssary 
to reenter (he laml or recover the property if the nclo.” 
u.ses (lie force immetlialejy or in fresh pursuit after the 
di.''po.sse5sion and:

(1) the actor ren.sonably hclievc.s the other had no "laim 
of right when he dispossessed the actor; or

(2) the otlier accomphshctl the disposse.ssion by using 
force, threat, or fraud against ihe actor.

§ 9.42. Deadly Force to Frotecl Property.

A person is justified in using deadly force against an­
other to protect land or tangible, movable jiroporty:
(1) if he would be justified in using force against the oilier

under Section 9.41 of this code; and
(2) wlicn and to the degree he reasonably believes the

deadly force is immediately necessary:
(A) lo prevent the other’s imminent commission of 

arson, burglary, robbery, aggravated rolibcry, theft 
during the niglittimc, or criminal mischief during 
the niglUlime; or

(B) to prevent the olhcr who is fleeing immediately 
after committing burglary, robbery, aggravated 
robbery or theft during l!ie nighttime from escap­
ing with the properly; and

(3) he reasonably believes that:
(A) the land or property cannot be protected or recov­

ered by any other means; or
(B) the use of force other than deadly force to protect 

or recover the land or property would expose tlie 
actor or another to a substantial risk oi dcalii or 
serious bodily injury.

§ 9.43. Prolcclioii of Thifd Poison’s Pinpoi ty.

A por.'.on is justified in iisi.n® fore? or dosdlv fo'-co 
agninst anollu-r lo protect land or tansiblc, mova'.ilo [.lop- 
crt.v of a third person if, imdcr tlie circiirast.inces .'.s he 
rcasonahlv lietieves them to he. the actor would he just.tied 
under Section 9.-11 or 9.-I2 of tliis code in usinc force or 
deadly force to protect his own land or propert.N and;
(1) tlie actor reasonably believes the unlawlul interference 

constitutes attempted or consummated tl.aft of or crim­
inal mischief lo the taiittiblc, movatile property; or

(2) the actor reasonably believes that;
(A) llio third person lias recpiested his protection of 

lha land or property;
(B) he has a legal duty to protect the third person's land 

or property; or
(C) the third person whose land or property he uses 

force or deadly force to protect is the actor's spoii.se. 
parent, or child, resides with the actor, or is under 
the actor's care.

§ 9.44. Use of Device lo Protect Property.

The justification afforded by Sections 9.4t tlironph 9.43 
of tliis code applies lo the use of a device lo protect land 
or t.nngible, movahlo property if:
(1) tlie device is not desipned to cause, or known by the 

actor lo create a sulistaiitial risk of c:nisiiig, di-alti or 
serious liO'.hty injury; and

(2) ii.se of tlie device is reasonable under all Ihe tirenm- 
slajices as tlie ,-.clor reasoiiatily lielievi.b them to be



SU B C H A P T E R  E. L aw  Enforcem ent 

Section 9.51. Arrest  and Search.

(a) A peace officer, or a person acting in a peace officer's 
presence and at his direction, is justified in using force 
against another uhen and to the degree the actor reason­
ably believes the force is immediately necessary to 
make or assist in making an arrest or search, or to 
prevent or assist in preventing escape after arrest, if:
(1) the actor reasonably believes the arrest or search 

is lawful or. if the arrest or scarcli is made under a 
warrant, he reasonably believes the warrant is valid; 
and

(2) before using force, the actor manifests his purpose 
to arrest or search and identifies himself as a peace 
officer or as one acting at a pence officer’s direc­
tion, unless he reasonably believes his purpose at'.d 
identity are already known by or cannot reasonably 
be made known to the person to be arrested.

(b) A person other titan a peace officer (or one acting at 
his (hnetion) is justified in using force against another 
when and to the degree the nrlor reasonably believes 
the force is immediately necessary to make or assist 
in inaldng a lawuil arrest, or to prevent or assist in 
prcvenling esca[te after lawful arrest if. before using 
force, the actor manifests his purpo.se to and the reason 
for the arrest or reasonably believes his purpose and 
the rea.son arc already known by or cannot reasonably 
he made known to the person to be ar.'-cslcd.

(c) A peace officer is justified in using deadly force against 
nnolnor v.lien and to the degree the peace officer reason­
ably believes the deadly force is immediately necessary 
to !*ial:c an arrest, or In prevent oscone after arrest, if 
the use of force would Imvc been justified undcT Sub­
section (a) of this section and:
(1) the actor reasonably believes the conduct for which 

arrest is authori-.:cd included tlie use or attempted 
use of deadly force; or

(2) tlic actor reasonably believes there is a substantial 
risk that the person to be arrested will cause death 
or serious bodily injury to the actor or another if the 
arrest is delayed.

(d) A person other than a peace officer acting in a peace 
officer's presence and at his direction is justified in 
using deadly force against another when and to the 
degree the person reasonably hoheves the deadly force 
is immediately necessary to make a lawful arrest, or 
to prevent c.scape af^er a lawful arrest, if the use of 
force would have been justified under Subsection (b) of 
tills section and:
(1) llie actor reasonably believes the felony or offense 

against the public peace for which arrest is author­
ized included the use or attempted use of deadly 
force; or

(2) the actor reasonably believes there is a substantial 
risk that the person to bo arrested will cause death 
or serious bodily injury to another if the arrest is 
delayed.

(el There is no duty to retreat before using deadly force 
justified by .Subsection (c) or (d) of this section.

(f) Nothing in this section relating to the actor’s manifes­
tation of purpose or identity shall be construed as con­
flicting with any other law relating to the issuance, 
service, and c.scculion of an arrest or search warrant 
either under llie laws of this stale or the United States.

(g) Deadly force may only be used under the circumstances 
enumerated in Subsections (c) and (d) of lliis section.

§ 9 . 5 2 .  Urevention of Escape From Custody.

The use of force to prevent the escape of an arrested 
person from custody is juslifialile when the force could have 
been employed to effect the arrest under whicii the person 
is in custody, except that a guard employed by a penal 
institution or a peace oificer Is justified in using any force, 
including deadly force, that he believes to be immediately 
necessary to prevent the escape of a person from a jad*. 
prison, or other instiliuion for the detention of persons 
charged with or convicted of a crime.

SU B C H A P T E R  F. Specia l Rclationi-h ips

§ 9 . 6 1 .  Unrent - Cliild.

(a) The use of force, hut not deadly force, against a child 
younger than 18 years is justified:

(1) if the actor is the child's parent or stepparent or is 
acting in loco parentis to the child; and

(2) when and to the degree the actor reasonably b'̂ - 
lievcs the force is necessary to discipline the child 
or to safeguard or promote his welfare.

(b) For purposes of this section, "in loco parentis" incl'.'de.; 
grandparent and guardian, any person acting ly. 
through, or under the fiircclion of u court with juiir:ii - 
tion over the child, and anyone wlio has express or 
implied consent of the parent or parents.

§ 9 . 6 2 .  Educatoi* - Student.

The use of force, but not deadly force, against a person 
is justified:
U) if the actor is entrusted with the care, supervision, or 

administration of the person for a special purpose; and
(2) when and to the degree the actor reasonably believes 

the force is necessary to further the special purpose or 
to maintain discipline in a group.

§ 9 . 6 3 . (Guardian - Incompetent.

The use of force, but not deadly force, against a mental 
incompetent is justified:
(1) if the actor is the incompetent’s guardian or someone 

similarly responsible for llie general care and super­
vision of the incompetent; and

(2) when and to the degree the actor reasonably believes 
the force is necessary:
(A) to safeguard and promote the incompelont's wel­

fare; or
(B) if the incompetent is in an institution for his care 

and cuslody, to maintain di.' ĉiplinc in the institution.

liUIi.



The officer knows that a fe 
a burglary, breaking and ^ t  
of an uninhabited structure, 
probable that such acts/havo 
human Life, has been ^  is b 
and the person known/to have 
such a felony will /scape un 
force is used and /ther mean 
sion have failed /nd no othe 
apprehension is treasonably a

ony such as 
ering or arsop 
when it is 
endangered 
eing committed, 
committed 
less deadly 
s of apprehen- 
r means of 
vailable.

\}j.'

0?

Great discretion in deciding whehter or not 
to use deadly/forcc in those instances must 
be employedVsince the final decision must 
be based updn the gravity of the crime, risk 
to innoceny persons, and the continuing 
threat to/the public safety that the offen­
der's escape may cause.
The o^icer, when engaged in suppressing a 
riot /r in dispersing or apprehending riot­
ers /and after proper orders have been issued 
ma^ use such force as is necessary and pro- 
pOi" to suppress the riot or disperse or 
Apprehend rioters. •

^• V̂ acnir>q Shots and Shots from or at Moving Vehicles
officer should not fire warning shots.

’ Vl officer should not fire from or at a moving
/ vehicle, except in the most critical circum-
' stances. 18/

The Dayton Police Department guidelines state;
I. Pol icy

A. Police officers are limited by statute to use 
only the MINIMUM amount of force necessary to 
effect an arrest. The use of a firearm by an 
officer illustrates application of MAXIMUM 
force. Members of the Dayton Department of 
Police shall exhaust every other reasonable 
means before resorting to the use of firearms.

18/ Department of Public Safety, Division of Police, Columbus, 
Ohio Informational Order 70-6 (July 30, 1970).

- 42 -

1217



B Deadly force should never be used on mere sus- 
picion that a crime, no matter how serious vas 
committed or that the person being pursueo 
committed the crime.

II. Regulations

A. An officer shall not discharge firearms in the 
performance of his police duties except under 
the following circumstances, and after ail 
alternatives have been exhausted, and there is 
no substantial danger of his hitting innocent 
bystanders.
1. When it is absolutely necessary to protect 

yourself or other persons against death or 
great bodily harm.

2 To effect a felony arrest, to prevent the
escape of a felon or to recapture an escaping 
felon when all other means have failed.
a. The felony for which the arrest is sought 

is a serious crime, such as murder, rape, 
robbery, arson or burglary wherein there 
lias been the use or threatened use of 
deadly force.
There is a substantial risk that the 
person whoso arrest is sought will cause 
death or great bodily harm if his appre­
hension is delayed.
An officer should either have witnessed 
the crime or should have sufficient infor­
mation to know, as a v_irtual certainty^, 
that the suspect committed an offense 

- for thich the use of deadly force is per­
missible.

I''' 

3.

fr-

To kill a dangerous animal or one that is so 
badly injured that humanity requires its 
removal from further suffering.
For target practice at an approved range.4.

An officer shall not fire at persons known to be 
or suspected of being juveniles (persons less 
than 18 years of age) except under circumstances 
which come within the provisions of Section II A, 1 
of this policy.



C. Firearms shall not be discharged under the 
following circumstances;

L, As a warning.
2. At moving or fleeing vehicles unless the 

ir'7 ’') circumstances come within the provisions of
Section II A, 1 & 2 of this policy 

In plaintiff's view, the use by the defendants of df ly 
force to apprehend him did constitute a denial of due process 
and T.C.A. § 40-808 cannot be acknowledged by a federal court, 
sitting in a federal case, to bar plaintiff's right of recovery 
for such deprivation. Faced with society's changing views of 
the due process right of every citizen to be tried by jury, not 
tried by ordeal or subjected to summary punishment, federal 
court adherence to standards set by T.C.A. § 40-808 and 
similar statutes brings to mind Mr. Justice Holmes' well-known

statement:
It is revolting to have no better reason 

 ̂ for a rule of law than that so it was
laid down in the time of Henry IV. It is 
still more revolting if the grounds upon 
which it was laid down have vanished long 
since, and the rule simply persists from 
blind imitation of the past. Holmes,
The Path of the Law, 10 HARV. L. REV. 457,
469 (1897).

Dayton Police Department, General Order #22-69 (December 
• 4, 1969).

- 44 -

12 in



D E .vy iiil. CO LOMAnn

may use any d egree  o f ^ f o r c e  ' S i ^ ^ L ^ n i c r s s S ^ ' t  o f f i c e r
-  o f f \ ^ \ - r j e ^ f o r L " = % -  3 - o o T : r -

1220



t)

WhuLi die defensive mace or chemicals arc useii:

(5)

a. The arresting officer shall indicate under Details of Arrest 
on tlie General Sessions Summons and Complaint Form that mace 
was used on the prisoner, and shall notify detention center 
personnel of this fact.

b. The officer(s) using mace or other chemical agents will prepare 
a formal Resistance Incident Report detailing the use of such 
chemicals, wliether arrests are made or not.
(see 105.01 (1) b. 5.)

Night sticks (batons) shall llbe used in the performance of a 
police duty only when necessary and after other reasonable efforts, 
including chemical mace, to control a violent person have failed.
A written report shall be filed as soon as practical following the 
injury to any person by the use of a night stick.

5.03 Shooting by and/or of Police Officers

(1) Anytime a police officer fires a weapon and wounds or kills
a no tiler person, or is fired upon and wounded, the dispatcher 
shall be notified immediately. If the circumstances are such 
that the officers do not wish to broadcast the information over 
the air and there is no telephone immediately available, they 
will request the dispatcher to "switch to two-way communication".
The dispatcher will temporarily switch off the three-way 
communications when they receive this re(|uest and the officer 
in the field can then communicate in confidence with the dispatcher.
a. The dispatcher will notify:

1. The District Attorney's Office or the Deputy District 
At torney on call.

2. The Investigation Division.
Tlie detective receiving the call shall immediately 
notify members of the Homicide Unit to respond to 
the scene.

3. Chief of Police
4. Division Chief concerned.
5. Staff Inspection Bureau
6. Any other requests or notifications made by the Homicide 

Unit .
(2) If the officer is hospitalized or injured and incapable of filing 

a written report, their superior officer shall bo responsible for 
filing as complete a report as possible, (see 505.10(5)

(3) The senior superior officer at the scene having direct knowledge 
of the circumstances, shall provide the police dispatclier with 
all available information.

5.04 Discl>arge of Firearms
(1) All sliots fireii hy police personnel shall be reported to an

appropriate on-duty supervisor as soon as time and circumstancespermit.
a. Report of Resistance, DPD #12, will be made on any accidental 

discharge of a firearm. Any property damage, as a result of 
the shooting, will lie included in the report.

1 221 52 -



b .  No r u p o r c  w i l l  be  n o d e  on  t h e  d i s c h n r g o  o f  w e a p o n s  f o r  t r a i n i n g  
p i i r p o s n n  a s  | i r o v i d c d  f o r  by  t h e  p o l i c e  d e p a r t m e n t  o r  Che u s e  
o f  w e a p o n s  Cor  l e g i t i m a t e  s p o r t i n g  a c t i v i t y .

(2) Every report of the discharge of a weapon shall be Investigated
by a superior officer and evaluated as to the propriety of the 
actiontaken.

The supervisory officer shall send a report through the chain of 
command of Che investigation via S.I.U., to the Chief of Police, 
either endorsing tlie action taken by Clio member, or outlining 
corrective measures taken or recommended. (see RR-400)

(1) Officer's shall not discharge firearms in the performance of their 
police duties except under Che following circumstances and after 
all ocher means of apprehension have failed:
a. To affect the arrest, or to prevent the escape from custody 

of a person whom tliey reasonably believe has committed or 
attempted to commit a felony, is attempting to escape by the 
use of a deadly weapon, or otherwise indicates, except through 
a motor vehicle violation, that they are about Co endanger 
human life or to Inflict serious bodily injury to another unless 
apprehended wicliout delay. CRS 18-1-707

b .  To d e f e n d  t h e m s e l v e s  o r  a  t h i r d  p e r s o n  f r o m  w h a t  t h e y  r e a s o n a b l y  
b e l i e v e  Co b e  t h e  u s e  o r  i m m i n e n t  u s e  o f  d e a d l y  p h y s i c a l  f o r c e .  
CRS 18-1-707

c. To kill a dangerous animal or one that is so badly injured 
that humanity requires its elimination from further suffering, 
and any ocher disposition is impractical.

d. Authorized firearms training.

(4) Firearms will not be discharged under Che following circumstances:
a . As a w a r n i n g .

b. Ac moving or fleeing vehicles, unless Che circumstances come 
wicliln the provisions of (3) a. and b.

ti.-OS -Heapons — Requirements and Inspection 
ic lathes) will equip f

a z 2

- 53 -



Detroit, r̂ Iichigan

(Division Commander James Bannon, Field 
Operations Division, Detroit PoUce Department)

Detroit is known as a violent cit̂', which most of the statistics confirm. 

Of the nine cities surveyed, Detroit had the second highest criminal homicide 

rate, the sixth highest ag-gravated assault rate, and the fourth highest rate of

assaults on police. According to tlie FBI statistics, ti\̂o police officers 

killed in 1973.
were

■Hie Detroit PoUce Department firearms policy is in general tie same as
the state ̂ v: a poUce officer may fire his gun to stop the flight of a fleeing felon, 

for a specific tist of crimes^ Not all the crimes listed, however, are crimes 

Although the state law says that the officer should have probable 

for believing tlie indî ddual has committed a felony, the Detroit policy says

officer "must know" that the person has committed a felony. No 

are allowed.

5S 01

cause 

"■s an 

warning shots

Everĵ  time an officer fires his gun, a report is completed and the incident 

I S  investigated. In the case of a fatal assault, a Board of Inquiry (one Division 

Commander and tivo Inspectors) conducts the investigation and makes recommenda­

tions to the Chief. In tlie case of a wounded subject, the officer's omti command 

staff conducts the investigations. If an officer fires his gun but does not hit anyone, 

ms reporr gees to ins supevvipor, vho may th-n.malie rermiiniendations to tlie Chief.

1223



'  r - y  O R D I E R
O , f C

D A T E  O F  i s s u e

1 - 3 1 - 7 7

I'
E F F E C  T I V  C  D A T  C . '

2 - 7 - 7 7  /  :

•

n u m b e r

7 7 - 1 6

J  £ C  T

—  ̂ Firearms, Regulations and Procedures
F I L E  C O D E  ,

Firearms
^ ^ ^ e f e r e n c c

G.O. 75-23(P)
R E S C I N D U

See Below
A M E N D S E X P I R A T I O N  D A T E D I S T R I B U T I O N

A #4
D P M. Ch. 4, S0C. 39; G.O. 75—56(F)» 72—50(F), 2478, 2395; Not. 75—40, 
74-70, 74-6, 73-69, 73-33, 72-311, 72-309, 72-292, 72-49, 71-95, 2198; 
T.B. 72-22, 72-10, 158, 153, 152, 36, 35, 34.

1. USE OF FIREARMS - GENERAL
1.1

1.2

Department and State of Michigan Procedures. Members 
musl: always bear in mind that the use of firearms 
shall be confined to situations of strong and 
compelling need. The laws of this state and the 
rules of the department demand that members use 
only the minimum degree of force necessary to 
effect an arrest.
Consideration Before Using Firearm. The lav; 
recognizes degrees of crime by providing degrees 
of penalty. Tlie member about to shoot must con­
sider the severity and the certain consequences 
of his action, particularly in those cases v/here 
the crime committed did not result in personal 
injury. Members must also consider that the 
maximum sentence imposed by our court system 
would result in neither death nor injury.

USE OF FIREARMS ON MERE SUSPICION
A member shall not discharge a firearm in an attempt 

to apprehend a person on mere suspicion that a crime, no 
matter how serious, was committed or on mere suspicion that 
the person being pursued committed the crime. A member 
shall either have'witnessed the crime or must know, as a 
virtual certainty, that the person committed an offense 
for which the use of deadly force is permissible in 
accordance with department directives.
LIABILITY OF MEMBERS

Members should be aware of the following excerpts 
from the "Michigan Police Law Manual" regarding the 
taking of a life in the line of duty: "No one can be
justified in threatening or taking life in attempting 
to arrest on suspicion only, without incurring serious 
responsibilities. Where the life of a felon is taken.

'•3

D P O  t 82 ( 1 2 / 7 f t )

2224.



- 2 -

General Order 77-16

by one who does not know or believe in his guilt,
such slaying involves a criminal liability." and
"If crime can readily be prevented, without
injuring the criminal, every wanton injury is a trespass
and may become a crime. Neither law nor morality can
tolerate the use of needless violence, even upon theworst criminals."

4. USE OF FIREARMS IN DEFENSE
Members may use firearms to protect themselves and 

others from serious bodily harm or death.
5. USE OF FIREARMS TO EFFECT ARREST OR PREVENT ESCAPE - GENERAL

5-1 When Justified. Members may use firearms to effect 
the arrest of or to prevent the escape of persons 
known to have committed the crime of murder, rape, 
robbery, felonious breaking and entering, arson, 
and assaults which have resulted in serious bodily 
harm or death provided the member has exhausted 
^11 other reasonable means of effecting the arrest 
except as prescribed in Sub-section 5.2 below.

5-2 VThen Not Justified. Members should not fire at
the above mentioned persons in the following cir­
cumstances: When lesser force could be used to
make the arrest; when the member believes that 
the suspect can be apprehended reasonably soon 
thereafter without the use of deadly force; or 
when there is any substantial danger to innocent 
bystanders.

6. WARNING SHOTS

The firing of warning shots is strictly prohibited 
A member must give great consideration to the potential' 
danger that a misdirected or ricocheting bullet presents to innocent persons.

7. FIRING FROM MOVING VEHICLE
Members should shoot from a moving vehicle only in 

cases of extreme necessity. It is a fact that such 
firing adversely^ affects accuracy and increases the ever 
present possibility of hitting an innocent bystander or destroying property.

1 2 2 I L ,



otTao/;.'
BEPaglllgBT © S M S H A l  G R D S S t

DATE o r  i s s u e

Dec. 13, 1972
E ffE C T IV t * * T t

Dec. 13, 1972
mmmn

72-50
s u e j t c T

■_, Firearms Policies and Regulations
FILE c o o e

Firearms, Policies & Regs.
^ ^ F C K C N C E ntams d .P.M. Ch. 4, 

Secs. 28-38, 40, 41,
43

Dtrr«i*»nio«
' ■

A

I .  GENERAL PO L ICY

Members of this department must always bear in mind that 
the use of firearms should be confined to situations of strong 
and compelling need. The laws of this state and the rules of 
this department demand that officers use only the minimum degree 

fo^ce necessary to effect an arrest. Officers must .recognize 
that no Michigan statute provides for capital punishment and the 
use of firearms constitutes a similar type of deadly force. 
Therefore, the use of firearms is restricted to extreme circvim- 
stances as enumerated.below.

• A. Officers may use firearms to protect themselves, and others 
from serious bodily harm or death.

B. Officers may.use firearms to effect the arrest of or to 
prevent the escape of persons known to,have committed the 

_of niurder, rape, robbery, felonious breaking and 
entering, arson, and felonious assaults which might lead 
to serious bodily harm or death provided the officer has 
exhausted all other reasonable means of effecting the 
arrest. However,-officers should not.fire at such persons when:. .

C.

D,

E.

1 . lesser force could be used to make the arrest:
2. the officer believes that the suspect can be 

apprehended reasonably soon thereafter without
. the use.of deadly force; or
• 3. there is a.ny substantial danger to innocent bystanders.

use of a firearm cannot be justified on.mere suspicion 
ttat a crim.e, no matter how ce.rious, was committed or that 

person being pursued coinrdtted the crime. An officer 
should either have witnessed the crime or should have suf- 
>.icient information to know, as a virtual certainty, that 
t>-e person committed anoffen-je for which the use of deadly force is permissible.

The. firing of warning shots is strictly prohibited.
Offi.cBzs should shoot from a moving vehicle .only in cases of 
esftreme necessity, it should be considered.that such firing 
adversely affects accuracy and increases the ever present 
possibility of hitting an innocent bystander or destroyincr property, .h

^226



- 2 -

General Order 72-50

II. • REVOLVERS
AT 1 members of the department will be issued revolver.

^  Lliber and department number of the revolver
o f ^ e l f f i L r  will be recorded in ^ e  Fire- 

as we-x on n p D 164-A and on the Personnel Data Card,
■ I S ?  iS eaih'uAit. However, officers may obtain depart-

approval to carry privately owned revolvers subject to the 
following restrictions:

*• s :  s s p ?  ' f S I r g ™or colt, .38 special caliber or larger. 6 shot wrth a minr 
mum barrel length of 4 inches.
oo on n-F-F Dntv in n  noioFh^.g and Lieutenants and Above. 
g?r lelaeanls and patrolmen working in plainclothes o ~ h e n

wflson or. c o l t  -38 Specif 
5 or 6 shot with a minimum barrel length of 2 inches.
onlv firearms issued by the department or priva^ly owned 

denartoent IpS?™id firearms as described above may curled 
by^^members on or off duty unless special permission has been 
granted by the commissioner.

III. SEMI-AUTOMATIC PISTOLS
Officers may obtain department approval 

owned semi-automatic pistols for use on duty and off duty subject 
to the following restrictions:
A. Type. The semi-automatic pistol must be a 9 ^  Smith &

Vision model 39 with- double action capability.
S-oecial m-raininq The officer also must have successfully 
S^leted'a p"£iicribed training program in the use and oper­
ation of the pistol before presenting tiie weapon for approval, 
in orde" to obtain the required training the officer muse 
mice arrangements in advance with the Firearms Section, Twining Division. He must ette.rd the training on his own 
time ii?h his own weapon and provide 100 rounds of ammunition.

Upon tlie officer's succeseful completion of the pre­
scribed training the range instructor snail prepare three 
copiS of D^P.d ! 25, Firiarms Qualification Card. One copy 
will be retained by the Firearms Section, one copy filed ^  
the officer's unit personnel file, and one copy retained ^  
S ;  officii The officer will then present his card together 
S ? h  S e  weapon for department approval ^ollo^ng the rnr- 
tial approval, the pistol must be inspected every 90 days 
^eiafter, either by the department °
cer The officer who inspects the weapon shall

a S  t S i i t e  of inspection on the reverse side ot ^ e
officer's copy of the privately owned Firearms Record C 
D.P.D. 178, in the space provided.

B.

( 0



-3-
General Order 72-50

IV. SHOULDER WEAPONS
A shoulder weapon is construed to include any department 

issued rifle, carbine or privately owned department approved 
carbine whose overall length is 26 inches or more and measures 16 
inches or more from the back end of the chamber to the end of the 
muzzle, or any department issued shotgun. No shoulder weapon 
other than a department issued shotgun will be carried in the 
interior of a patrol vehicle, and such weapon must be kept locked 
in th<=‘ gun mount when not in use.

Officers may carry an additional shoulder weapon in the 
trunk provided it is in a gun box or other suitable cover. De­
partment issued weapons will be provided for this purpose. Offi­
cers may obtain department approval to carry privately owned 
semi-automatic .30 caliber M-1 carbines, with standard wood full 
length unmodified stocks. However, when a privately owned car­
bine is approved for on duty use, it shall be carried in the trunk 
of the officer's assigned vehicle, unless otherwise ordered by 
competent authority.

V. SECONDARY WEAPONS
Secondary weapons may be carried by officers, provided that 

the weapon is either department issued or privately owned, de­
partment approved. However, the secondary weapon shall be car­
ried concealed and in such a meinher as not to produce any unusual 
bulges or protrusions on the officer's person. Any firearm 
described in Part II, may be approved as a secondary weapon.

VI. DEPARTMENT APPROVAL FOR CARRYING PRIVATELY OWNED FIREARMS
Officers desiring to obtain department approval to carry 

privately owned, authorized weapons described above, will present 
the weapon to the Gunsmith Unit for inspection. The gunsm.ith 
will inspect the weapon to determine that it is in safe operating 
condition, and meets the standards prescribed by the department.

If the weapon is approved, the gunsmith will stamp the weapon 
and prepare three copies of D.P.D, 178. One copy will be retained 
by the gunsmith, one copy filed in the officer's unit: personnel 
file, and one copy filed in the Records Division. In the case of 
semi-automatic pistols, an additional copy of D.P.D. 178 shall be 
prepared and it shall be carried on the officer's person at ell 
times when he is carrying the pistol.

VII. AVAILABILITY OF SIDEARM
When on or off duty and away from their respective homes, 

member,s shall carry their regularly assigned or privately owned 
department approved sidearm, except when on sick leave or fur­
lough. Failure to be properly equipped shall be deemed prima 
facie evidence of neglect of duty.

122£.



-4-
General Order 72-50

f All officers assigned duties inside precinct stations or
other department buildings shall keep their
Sorn immediately available but out of view and reach of the 

officer in charge' and other officers assigned to 
desk d^tv^n prii?nct statioL shall keep their sidearms in the 
desk holster provided so they can be reached instantly. '
no memtefwSa?ing sidearms shall enter any cell block. 
and 5ff!cers detliled to assist doormen in station houses shall 
be unarmed when searching prisoners.
method of carrying sidearm

While on duty and in uniform all privately owned, department 
approved sidearms must be carried in an• exceot for size, to those issued by the deparcmenc.
iowSve? on dut? policewomen shall carry their assigned or deport- 
mSnnpproversidLrm in the leather handbags issued by the de­
partment. An officer wearing civilian clothes shall carry is 
sidearm in a convenient and accessible position.

IX. PURCHASE AND SALE OF PISTOL
Anv member desiring to purchase or sell a pistol shall com- 

nlete D^P D. 616. Request to Purchase or Sell a Firearm, in dupli- 
cite and present lx.th copies to his to
purchasing a pistol, the approved to• the Records Division where the member will obtain a license o 

■ ' o u J c h S  the pistol which shall be registered. This rule also purchase t n p  nossessing a Federal Firearms License.
The original copy of the approved request shall be forwarded 
tn thrpe^sonnel Division and filed in the officer's personnel 
filf The first copy shall be retained by the member s command­
ing officer in the officer's unit personnel file.

Tf the request is for the sale of a pistol, the member .shall 
orese“  SSovod^aq•a^.3t, D..V.0. 616, to the Records Drvrsron
£o? verifi.catiin. The Records Division will foward one copy to 
the Personnel Division for the .’lember's file. The copy
shall be returned by the member t.o his commanding officer -or th 
un?t p!?sonner£ile!. A member may sell a pistol only to a person 
who has obtained a purchase pemau.

UDon service completed retirament, a member may purchase 
his se??icf^^iolver by making application to the second deputy 
commissioner.

V

9D^i• J



-5-
General Order 72-50

X.i
exchange of defective firearms

XI.

XII.

^GE of ^  inspected in the
Firearms which become gunsmiths are pre-

Gunsmith Unit at before an exchange is made
oared to-make minor division. The member whose fi-e?SfFirearms Section Training .omm.anding officer whoa ™  has been exchanged shall
shall correct unit recoi 
T nADING AND UNLOADING

.a, siaea^s cabled bv -  - - - -

E i i  Strihfgnn.
Other shoulder weapon until it oe

;iiMMUNITION • ■. ' ■ . _ , x-voi- +-han
_■ ^uniticn: The use.of^any^^unabaon^ot^^^

described UelSin as 3 or privately owned de-
' in either department ts^|<S — ^ ^ that Approved reloaded

partment *^’̂ ®^^_ranqe ^munition may h® *nhon^munition o r  facto:^ ^oorovld ammunition shall be Remington,
PetKs ,̂ weltim,“winchester, ̂ ® g | — i3°ued'’b r — "department,

thin .38 caliber, the bullet ^ight m^y point,
’ Sil/leSted^o^partill™' jacketed ammunition is prohibite

 ̂ Wall for any reason whatever,ammunition. No ■tetvber shall, r - 1 -oaen
i T i | % 5;iS5r ^  cartridg^^ fr|e?^?rdiffers
Sfrfmlli .manufacturer, .iheth
on or off duty.
Extra ammunition. , .''-I— to
^ n d s  of 'carriers which are worn on du.y
tril°^- S p i  with appro-ied amm,unition.

• 4-•  ̂ All members who reload
u.imi,ded or f , , I I will submit their
Munition for use and lubricator, sample un-
reloading machine. lubricant and sample
sized bullets, sample b\^l £qj- examination. If the
cartridges to the Fire ^  finished cartridges are
above mentioned , and the officer's knowledge
of required sufficient, the cartridges
of the in^department issued or approvedmay be approved for use m a p
firearms.

B.

C.

D.



-c-

♦

Each bag of reloaded cartridges will be labeled with the 
reioader's name. Reloaders will be held responsible and ac­
countable for injury to personnel or damage to department 
revolvers caused by their negligence.

II. CARE OF FIREARMS
Members shall keep their department issued and department 

approved firearms in good serviceable condition at all times. 
Firearms shall be kept clean, free from an excessive amount of. 
oil, and always ready for inspection. At least once each month^ 
all commanding officers shall insure that a sidearm inspection is 
conducted for all members of their command. However, officers 
carrying privately owned department approved semi-automatic pistols 
will be exempted from this inspection. The inspecting supervisor 
shall ascertain that such officers' pistols have been properly - 
inspected by examining the officer's Privately Owned Firearms 
Record Card, D.P.D. 178.

In attempting to remove powder or other fouling from any 
part of the service revolver, no abrasive such as an ink eraser, 
crocus cloth, sandpaper or anything that will scratch the metal 
shall be used. The powder ring left on the cylinder after clean­
ing with solvent does not indicate that the revolver is impro­
perly cleaned. Department issued revolvers and other department 
issued firearms will be repaired only at the departoent Gunsmith 
Unit. Privately owned firearms approved for carrying shall not 
be altered or repaired unless permission is obtained in writing 
from the gunsmith. These firearms shall be subject to reinspec­
tion after the work is completed.

Due to faulty ammunition, a bullet sometimes becomes stuck 
in the barrel of a revolver, and, if another shot is fired, the 
revolver is ruined. When a shot is fired which does not have a 
normal sound, recoil, and muzzle blast, the officer shall cease 

 ̂ . firing immediately, luiload the weapon, and examine it to see if 
a bullet has lodged in the barrel before resuming fire. Also, 
when a cartridge misfires, che officer shall hold the revolver 
pointed at the target if on the range or toward the ground when 
not on the range for a fev/ seconds hefcre opening and unloading 
the cylinder. *Such misfires have 'been known to fife several 
seconds after the primer was hit by tho firing pin.

:IV. SAFEKEEPING OF DEPARTMENT ISSUED FIPEART^S
When an officer's residence is to be vacant for an extended 

period of time, such as during a furlough, he shall not leave de­
partment issued firearms in the residence. If the absence is such 
that the officer cannot take his firearm with him, such as leaving 
the state or going.into the hospital he shall take his firearm to 
the nearest precinct station for safekeeping. Officers may leave 
department issued firearms for safekeeping at ^eir place of assign­
ment if appropriate storage facilities are available.

General Order 72-50



General Order 72-50
^ XV. marksmanship. ;

XVI,

3ccre''as reaufl?f "?  ̂ '̂“^li^yingAcademy. Thereafte? at eJJh graduation from the Police
program, each memter muJt qualification
firearm that he normauj cJrrieS tShall be required to atLnH f he fails to qualify, he
attained the necessary cmalifv?i until he has'
granted permission to^cSri fir2am̂ J°''̂ >; have been
revolvers will be reanfS^ ^  caliber
qualify under a special trainin'^ irected by the commissioner, to 
their own ammunition. qualification program with

discharge of a MEMBER'S FIREARM

of a S d ? y “ nj“ i"JnimSf:r®on a ' L f  " r ™ 'ately notify the officer in charae of shall immedi-
incident occurred. if the incidon+-  ̂ ^  precinct in which the 
officer shall immediaL^^ noSJjf ?L°?oc?f Detroit, the
also notify the Homicide^Section The . He shall
immediately prepare a preliminary com^laf^'^JJcoJr

injured animal^and^the^bullet entered*^the^ to dispose of an
complaint record shall be filed at t-Ho ground, the preliminary 
not ^  necessarv toiLSrf^^?p".o? S i
the = cases, except shots fired on a target ranqethe immediate supervisor of the officer involved or if he it
shil  ̂supervisor in the precinct of occurrence
Sjreof Sn“l resmts
g  forwalSeS1i°il>:“  - J , -

S I  S l o ? ? -  Scl5led?“ V ° S | - i a V  

S a i r s  .^'srfoTr-p'^L^i

resulSnf??:m'SlSSIh«ge""o?ISo |̂i|L'l'ir?elL" I f f  T-
I h i n i  firll^brs incurred in an altercaWon w h S l e T

■fill" n^^S^-SlyEll^iSnl^se^^IntT"ellrd 15 injured Through Police Action" or thl
mendation po?tiS?^ of^thl’̂ fo™^ supplant the narrative and recom- 
used to indllall the seventy-tvo shall only be
animals. ° persons, not dogs or other

-* -lor)
—  Otw



-8-
Qaneral- Order 72-50

-The report shall be attached to one additional copy at the 
preliminary complaint record. It shall be reviewed by the com­
manding officer of the officer invpXyed, endoraed ^  each level 
of command and forwarded to the commissioner'through channels, 
the final repository being the Research and Development pxvision.

NICHOLS
COMMISSIONEa

JFN : a g /g



0.(18 69: ^o \ ‘ ; £>

P O L I C E  D C P A m u C N T

^ I T Y  O F  D U R F I A M

N O K T I I  CAnOI^ir^A

December 17, 1971 (f(?
v>»ji»<t -V\̂*o f'*

Hr. Ronald D. Krclstein 
lycgal Advisor 
Memphis Police Department 
128 Adams Avenue 
Memphis, Tennessee 3S103

Dear Mr. Krclstein; , •

Concerning your request stated in your letter of October 18, 1971, 
c l t c u S ' r b y  L L c .P., plc = .e b. advised:

2.

3.

Officers of the Durham Police Department are instructed to use a 
veapop. only in case of necessity in self defense or preventron of 
death serious body hana to another person. A specific tnieat 
of immediate nature is required. All officers are instructed to 
report to the Chief of Police any circumstance requiring them 
to discharge a v/eapon in the line of duty. If an officer shoots 
someone, regardless of the nature of injury, the incident is 
fully investigated by members of the Detective Bureau and there 
is some evidence that officers may not be reporting incidents 
involving shooting of dogs.

Private police as you described in Memphis are unknotrn in horth 
Carolina. North Carolina statutes do provide for "security guards" 
who arc appointed by the Governor of the state. Security guards 
arc authorized to carry a weapon and may arrest violators only 
upon the premises of their employer or while in pursuit. .

Enclosed is a copy of G.S. 74 A-1 and 2. .

Indiscriminate appointment of this chapter could, I imagine, create 
a situation similar to the one you described. Ue do not, in fact, 
have a problem here.

On release of information and privacy, I can only advise that^ 
the matter is currently under review. Our existing practice is 
to release the criminal record contained in our file, including 
charges and disposition of charges, to any'legitimate party 
seeking this information.

I13:(

I-



Mr. Ronnlcl D. Krclrccin 
December 17, 1971 
Page -2-

’r'"' ^PPlic.'iCion checks, .u k I media people ‘
of groups making inquiries. Access to the M c I C

'"Otters only. The City of
cuidM Stases of a data bank. a L css
guidelines are Doing prepared by the Instituro nfC3inpel Hill, N. C. ^ institute of Government in

^ u d v " “ r  ros,;irchcd  In the course o f th is
vhcH'it is"co'f iL r  ' r ”' "  “   ̂ of
records" i s  o ' f ' u t t i ;  h e ip ! ' ° ”  ^^-tutory la„  "public

d er iv e 'fro m ‘‘o ^ t^ L “ rtudy^ r e c e iv in g  co p ies  o f  eny p o lic y  th o t you

Very truly yours-,

Loyd Reece Trimmer 
•,. Police Legal Advisor

LRT:ps

Enclosure

1235



THE APPLICATION OF LETHAL FORCE DURING A POLICE ACTION

The a p p l i c a t i o n  of  l e t ha l  f orce by the I n d i a n a p o l i s  
P o l i c e  Department  in respond i ng  to any i n c i d e n t  must 
be determined based on the s p e c i f i c  c i r cums tances  
e x i s t i n g  in that  i n c i d e n t .  There are,  however , _c i r -  
cumstances  where the use of  l e t ha l  f o r ce  i s  s t r i c t l y  
prohi  bi t e d .

Letha l  f o r ce  i s  p r o h i b i t e d  in e f f e c t i n g  the a r r e s t  of 
a per son known to or be l i eved  to have committed a m i s ­
demeanor. The re f o r e ,  no sho t s  s h a l l  be f i r e d  by p o l i c e  
per sonnel  even i f  the misdemeanant attempts  or  succeeds  
in h i s  attempt to f l ee .

Lethal  f o r ce  i s  p r o h i b i t e d  ( d i s c h a r g i n g  a weapon) in an 
area h e a v i l y  popul ated by c i t i z e n s  on foot  or in motor 
v e h i c l e s  except  f o r  s i t u a t i o n s  where the o f f i c e r ' s  l i f e  
or the l i f e  of another  i s  i n jeopardy.

Lethal  f o r ce  i s  p r o h i b i t e d  ( d i s c h a r g i n g  a weapon) from 
a moving v e h i c l e  and ^  a moving v e h i c l e  un l e s s  the o f f i c e r  
has knowledge that  a f e l ony  crime has been committed by 
the occupan t ( s )  of the v e h i c l e  in which another  p e r s o n ' s  
l i f e  has been placed in d i r e  jeopardy.

Lethal  f o r ce  i s  p r o h i b i t e d  in a l l  s i t u a t i o n s  except  those 
wherei n  a l l  other  r ea sonab l e  means of  c ap tu r i ng  such 
person known to have committed a f e l ony  cr ime p l a c i ng  
another  p e r s o n ' s  l i f e  in j eopardy  have been exhausted.

J Z 2 H -



M

INDIANAPOLIS POLICE DEPARTMENT

SPECIAL ORDER
NO. 69-88 RE-ISSUE

POLICY ON USE OF FIREARiMS

Issued; January 18, 1974 Effective: October 8, 1969

All members of the Indianapolis Police Department will adhere to 
the following policy on use of firearms as issued by the Board of 
Public Safety.
"Use of firearms by members of the Indianapolis Police Department is 
restricted to firearms officially authorized by the Department.
Indiana Law makes a distinction between felonies and misdemeanors 
allowing the use of lethal force to effect arrest of a suspected 
felon and prohibiting use of lethal force against one suspected of 
a misdemeanor except in the self-defense of the arresting offreer. 
When an officer of the Indianapolis Police Department views a 
felony, he is compelled under Indiana Law to make an arrest of the 
suspect or suspects involved.
Within reasonable limits, the degree of force tep be employed by 
an arresting officer is a matter of his discretion. For this reason, 
extraordinary care should be exercised by an officer to prevent 
escape of a suspected felon without doing personal violence to the 
suspect or to innocent bystanders.
The use of firearms to halt a suspected fleeing felon is a reason­
able alternative only when the officer is certain that a felony 
has occurred, that the fleeing suspect is, in fact, the felon, and 
that all other reasonable means of capture have been expended.
An officer may use firearms to protect his own life or that of 
another person or to prevent bodily harm to himself or to another 
person.
The Indianapolis Police Department values life so highly that each 
individual member is sworn to give a substantial portion of his 
or her ovm life at great risk to make certain that all other lives 
are safeguarded. The fabric of civilization and law which makes 
possible enjoyment of life and property in our community is worthy 
of careful and certain defense."

TO BE READ AT ALL ROLL CALLS FOUR (4) CONSECUTIVE DAYS AND POSTED ON 
ALL BULLETIN BOARDS THIRTY (30) DAYS.

Distribution:
All D i v ’ oria 1 T3.--1 Co

a .Winston Churchill 
Chief of Police



xJ(Xck^6/>4y/ !It J

3. Only under extreme conditions will chemical agents be used 
at a distance of less than two feet.

4. Resisting Arrest Reports must contain an explanation justifying 
the use of a baton instead of a chemical agent.

USE OF FORCE

A. The Jacksonville Police Department and each of its officers are 
charged with a solemn obligation and responsibility in the '' 
protection of life and property together with the enforcement 
of all State Laws and City Ordinances. Tlie value placed on 
human life requires that officers exercise utmost care and sound 
judgment when the .use of force is required.

1. In certain circumstances, an officer may find it necessary 
to use non-lethal force in the form of physical restraint, 
chemical agents, or the police baton. Force may be used 
only to a degree sufficient to overcome resistance, effect 
an arrest or to protect himself or others from great personal 
injury.

2 . In extreme situations, deadly force may be necessary and 
require the discharging of firearms. In this event, tlie 
Discharge of Firearms Report (Fom P-440) will immediately 
be completed and forwarded to the officer's Commanding 
Officer. Officers must always obey State Law in the use of 
deadly force or use of firearms. Florida Statutes 776.05 
outlines use of force for Law Enforcement Officers.

"776.05 LAW ENFORCEMENT OFFICERS: USE OF FORCE IN MAKING AN ARREST.
A law enforcement officer, or any person whom he has summoned or 
directed to assist him, need not retreat or desist from efforts 
to make a lawful arrest because of resistance or threatened resist­
ance to the arrest. He is justified in the use of any force which 
he reasonably believes to be necessary to defend himself or 
another from bodily harm while making the arrest or when necessarily 
committed in retaking felons who have escaped, or when necessarily 
committed in arresting felons fleeing from justice."

FIREARNS RRTI3V BO.-\RD 

A. Statem.ent of Policy:

A departmental inquiry by the Firearms Review Board v;ill 
conducted into the discharge of fireaims by any member of ibo 
Office of the Sheriff.

The intent of this board is to see that General Orders pertaining 
to the use of force and weapons is adhered to. It is also the 
intent of this board to determine if there is a need for further 
training, either on an individual or departmental basis, in the 
use of force or weapons.

This board will carefully consider the judgment used by tiie officer 
and evaluate the alternatives to discharging his firearm, if any.
It is not the intent of this Board to investigate any criminal 
action that may relate to the incident.

-3 - 1 7 . 3 9

l i f e

' h ’,1 s'- ♦

'.'I

;• r>,

I'-Wf-

' f  V

H-'
,; -V.'n.i



I. PURPOSE

The purpose of this order is to provide a single source of reference 
for all department members a's to the authorization, discharge, and 
carrying of firearms.

II. POLICY
An officer is equipped with a firearm to defend himself or others 
against deadly force, or the threat of imminent deadly force. 
However, when a firearm is used by an officer, it must be with the 
realization that the death of some person may occur. Justification 
for the use of an officer's firearm is limited to facts known to 
the officer or perceived by an officer at the time he decides to 
shoot. Facts unknown to the officer cannot be considered in later 
determining justification of the shooting.

The law authorizes an officer to use deadly force (use of firearm) 
when it appears necessary to protect himself or others from what 
reasonably appears as an immediate threat of great bodily harm or 
imminent peril of death. No policy of this department shall limit 
that law.

III. PROCEDURES

A. Authorization of Firearms

1. All officers shall be armed with an approved firearm at 
all times when on duty. An approved firearm is defined 
as a department issued ̂ service revolver or an American 
made, solid frame revolver of .38 caliber.

a. All officers when working in uniform shall carry 
the department issued service revolver.

b. All officers when on duty in civilian clothes shall 
carry the department issued service revolver or an 
approved firearm.

c. Officers assigned to any department element or special 
assignment, whose offical duties may require carrying 
a firearm other than those authorized above, must re­
ceive prior written approval from their bureau or di­
vision commander to carry this fi'. aarm.

ISM.



- 2 -

2. The carrying of a firearm while off-duty is encouraged, 
but shall be at the option of the officer. He shall 
not be subject to disciplinary action if an occasion 
should arise in which he could have taken action but 
did not do so because he was unarmed. If the officer 
elects to carry a firearm off-duty, it must be a 
department approved revolver.

3. When an officer anticipates that he will consume alcoholic 
beverages in an off-duty situation, he is advised not to 
carry his firearm. If the need arises for police services 
while an off-duty officer is visiting an establishment 
which serves liquor, the officer shall call the dispatcher 
and request that on duty officers respond.

A. Officers engaged in off-duty employment which requires
the performance of police related services shall be armed 
with a department approved firearm.

5. Firearms carried while in civilian clothing shall be 
concealed from public view.

6. The department issued service revolver will not be modified 
in any manner, except that factory made, checkered, over­
sized, walnut grips may be used.

7. Firearms will be loaded with department approved ammunition, 
which shall not be modified in any way.

8. All officers are prohibited from carrying automatic pistols, 
except as set forth in III., A., 1., c.

9. An officer shall never brandish a firearm, nor remove a 
firearm from its holster, other than in the proper per­
formance of duty.

10. Off-duty officers, while operating a department vehicle, 
will be armed with an approved firearm.

11. Officers will provide maximum security for all firearms 
in their custody.

B. Authorization for the Discharge of Firearms

1. A police officer is authorized and has the duty to prevent
an attack with a deadly weapon on himself, a fellow officer, 
or a member of the public by utilizing whatever force 
necessary, including the use of firearms.

1240



3 -

2. An officer may discharge a firearm for any of the following 
reasons;

a. To defend himself or other parties from death or 
serious injury.

 ̂ jri effecting an arrest when he reasonably believes 
such use of deadly force is immediately necessary 
to effect the arrest and he also has knowledge 
at the moment he fires that the person to be 
arrested;

(1) Has committed or attempted to commit a felony 
involving the use or threatened use of violent 
physical force against a person.

(2) May otherwise endanger life or inflict other 
serious physical injury unless arrested with­
out delay.

(3) When an attempt is made through the use of a 
deadly weapon or a threat of great bodily 
harm, to rescue a prisoner who is in the 
lawful custody of an officer.

c. At a fleeing felon only if he (the officer) has 
knowledge at the moment he fires that the fleeing 
suspect has committed a crime of violence such as 
murder, rape, armed robbery and other lesser of­
fenses, e.g., kidnapping, aggravated assault with 
serious injury. However, an officer may fire only 
after all other alternatives of apprehension have 
been exhausted.

d. To kill a dangerous animal or to kill an animal 
so badly injured that it should be destroyed to 
prevent further suffering.

3. Officers are prohibited from discharging firearms in
the following instances;

a. When it appears likely that an innocent person 
will be hit.

1 ̂



- 4 -

Ac anyone whom he believes may be a juvenile unless the 
actions of the juvenile suspect represent a direct 
threat to the life of Che officer or other innocent 
persons, and only then as a last resort. The officer 
will be required to justify that his judgement in the 
matter of age was reasonable. If there is any doubt 
as to the age of the subject, the officer should not 
shoot. A juvenile is defined as a youth sixteen (16) 
years of age or younger.

At a moving automobile or from a moving automobile 
unless Che occupant(s) of the automobile or a 
suspect(s) represents a direct threat to the life 
and/or safety of the officer or other innocent persons, 
and then only as a last resort.

At a crowd.

e. Warning shots are prohibited.

f. At a suspect(s) who is holding an innocent person as 
a hostage when firing would endanger the hostage or 
any other innocent person, except in cases of an 
"Operation 100" when authorized by a Support Unit captain.

The following guidelines are provided to aid officers who
are required to discharge firearms at a felon.

a. The discharge of a firearm is an irreversible action and 
if possible, an officer should, prior to firing, evaluate 
the following;

(1) Other methods of effecting the arrest and/or 
apprehension.

(2) Age of Che suspect(s) and the offense(s) committed. 

Direction the firearm is to be discharged.

(4) Is the fleeing suspect in plain view? Extreme 
caution must be used at night as darkness may 
obscure Che officer's vision.

(5) The danger of firing Che firearm while running or 
jumping due to the possibility chat ocher persons 
or property may be struck by the projeccile(s).

b. If possible, and if time and conditions permit, an officer 
should assume a department approved position, for which he 
has been trained, prior to the discharge of his firearm.

IC4



-  5

c. An officer should resolve any doubt in his mind against 
the use of firearms prior to shooting.

d. In summary, every possible consideration should be taken 
prior to the use of a firearm, and if an officer believes 
that under existing conditions he should not use a firearm
to apprehend a felon, he will not be criticized or disciplined 
for this decision and his decision to employ every other 
means to effect an arrest.

5. The following guidelines are provided to aid officers who are 
required to destroy an animal.

a. An animal will be destroyed only after all attempts to 
notify an agency capable of disposing of the animal 
(Animal Control, Wayside Waifs, etc.) have been made, and 
the agency will not respond or has not responded after a 
reasonable length of time.

b. If time permits, officers will adhere to the following 
steps:

(1) Effect steps to ensure the safety of all citizens, 
property, and other animals by moving the animal chat 
is to be destroyed to an area of relative safety, and 
out of public view if possible. This area may be a 
vacant lot, rear yard, or a roadway medial strip. The 
primary concern is that the animal should be placed 
upon the ground (in lieu of pavement) to decrease
the possibility of ricochet.

(2) Shoot the animal from close range (5 to 15 feet, 
maximum, if possible).

(3) Shoot "down" into the animal so that the projectile, 
if exiting the animal's body, will enter the ground.

(4) Shoot Che animal in the brain to minimize suffering.
EXCEPTION: If the possibility of rabies or chat the
animal has bitten someone exists, the animal should not 
be shot in the brain. In these cases, the animal should 
be shot in the chest cavity, directly behind either 
front leg.

(5) Upon destroying an animal. Public Works should be
notified without delay for removal of the animal's 
body. EXCEPTION: If the possibility of rabies or
chat the animal has bitten someone exists, the animal's 
body will have to be removed to Municipal Animal 
Control, 861-0123.

d

1243



C, Discharge of Firearms Invescigacions 

1. The Internal Affairs Division will investigate all incidents in 
which an officer discharges a firearm, on or off-duty, ei^cep^ 
the following:

a. The discharge of firearms on the department range and all 
other forms of target practice.

2 .

3.

b. Sporting (
shooting 1

c . The test

The investigat
wi 11 he in add

The test firing of firearms for ballistics examination.

r.rxnaiir'tfsH hv f*hp Tntemal Affairs Division

Bureau wil1 take precedence.
the
the

Immediately following the discharge of a firearm, it will be 
responsibility of the officer or officers involved to notify 
dispatcher -.dio will notify the officer's bureau or division 
commander, assistant division commander, unit commander and 
immediate supervisor. The immediate on duty supervisor will 
respond to the scene. The dispatcher will also immediately 
notify the appropriate Internal Affairs Division investigators 
and Investigations Bureau, if applicable.

a. When an officer from a bureau other than the Operations 
Bureau is involved and his immediate supervisor is unable 
to respond, a patrol field supervisor will be utilized in 
lieu of the officer's immediate supervisor.

b. When an officer is off-duty, he will notify the dispatcher 
who will notify the patrol field supervisor and division or 
assistant division commander responsible for the area in 
which the incident occurs and the appropriate Internal 
Affairs Division investigator(s) and the Investigations 
Bureau, if applicable, and they will respond.

Incidents involving the SHOOTING OF A PERSON will be investigated 
by the Investigations Bureau and Internal Affairs Division. The 
investigations will be initiated immediately and completed as 
soon as possible. A thorough and objective investigation of 
the facts pertinent to the incident will be conducted.

a. The field supervisor responding to the scene will be 
responsible for the following duties:

1244.



7 -

(1) Command of the scene and protection of the 
scene and evidence until arrival of the assistant 
division commander.

(2) The supervisor will determine when the officer 
involved is no longer needed at the scene and;

(3) Accompany the officer directly to the Crimes 
Against Persons Unit and;

(4) Refer the officer to the commanding officer or 
the sergeant in charge of the Crimes Against 
Persons Unit.

The assistant division commander (or unit commander) 
responding to the scene will be responsible for the 
following duties:

(1) Command at the scene and protection of the 
scene and until arrival of the Investigations 
Bureau investigator(s) who will assume command 
upon arrival.

(2) The scene will be protected by Immediately 
roping off the immediate area, if possible, and 
removing all unauthorized persons, includIng 
police officers not required at the scene. The 
scene will be protected until the completion of 
all investigations.

(3) Tlie assistant division commander (or unit 
commander) will remain at the scene until no 
longer needed by the Investigations Bureau and 
Internal Affairs investigators.

All officers who are witnesses to an Incident will remain 
at the scone until the arrival of the Investigations 
Bureau and/or Internal Affairs investigators, so arrangements 
can be made for providing statements, unless the responding 
assistant division commander (or unit commander) instructs 
the offlcer(s) to leave the scene.

In all other incidents Involving the discharge of a 
firearm (SHOOTING AT A PERSON, DESTROYING ^  /\NIMAL, 
ACCIDENTAL DISCHARGE, ETC.), the officer, his immediate 
supervisor and the assistant division connnander (or the 
aforementioned substitutes) will remain at the scene 
until the arrival of the Internal Affairs investigator. 
However, if the circumstances are such that the continued 
presence of officers at the scene might cause a more 
hazardous situation to develop (e.g., a large crowd 
gathering, group disturbance, etc.), the ranking commanding 
officer at tlie scene shall have the discretion to instruct 
all officers involved to respond to the appropriate 
station for further investigation. The Internal Affairs 
investigator shall be notified at what location the 
officers Involved can t>e contacted.

1245



8 -

7. The officer involved will procecc his weapon for examination 
by the Internal Affairs investigator.

a. When an officer is injured and has discharged his 
firearm, the firearm will be secured by his immediate 
supervisor (or the aforementioned substitutes) or
the assistant division commander, who will make the 
firearm available for examination.

b. . When more than one officer has discharged a firearm
in an incident, a ballistics examination of all 
firearms discharged will be conducted.

Discharge of Firearm Report

1. Each time an officer discharges a firearm except those
listed in Section C-1 of this order, he will be required 
to submit a detailed report of the circumstances on a 
department Form 100 P.D., entitled "Discharge of Firearms".
The report will be submitted as soon as possible after
the incident. The report will be completed in the following
sequence and contain the following information:

a. Name and serial number of the officer who discharged the 
firearm(s) .

b. Date and time of occurrence.

c. Location of occurrence.

d. Type, caliber, and serial number of firearm(s) discharged.

e. Type and caliber of ammunition fired.

Number of shots fired and direction shots were fired.f, 

8< Description of object fired at. (If person, name race, 
sex, DOB, etc., if known; if an animal, a brief description)

Whether or not the object fired at was moving, 
standing, or barricaded and direction of travel if in 
a vehicle.

Whether or not the officer was moving in a vehicle, 
standing, running, barricaded, etc.

Results of the shots(s) fired (extent of wounds, 
other objects struck, etc.).

Names of supervisor, commander, and investigators 
responding to scene.

Other pertinent information concerning the incident 
written in narrative form. To be included are the 
reasons tor the use' of firearms, etc.

a

124B



-  9

E, Homicide by Officers in the Performance of Police Duty

1 .

3.

4.

a.

When an officer of the Kansas City, Missouri Police 
Department, on or off-duty, kills a person, an investigation 
of the facts and circumstances will be initiated immediately 
and completed as soon as possible by the Investigations 
Bureau.

The officer responsible for a homicide shall be relieved 
of duty by a commanding officer, without loss of pay or 
benefits, pending the results of the investigation.

The officer shaU be available at all times for 
official interviews and statements regarding the 
case, and shall be subject to recall to duty at any 
time. He shall notify the Chief of Police or his 
designee prior to leaving the city.

The officer shall not discuss the case with any one 
except the prosecuting attorney and department 
personnel. This does not prohibit the officer from 
discussing the case with his attorney(s).

The policy outlined hereinbefore is not intended to imply 
or indicate that the officer has acted improperly.

When a decision has been made by the prosecutor or the
Grand Jury relative to the homicide, the Chief of Police 
will;

b.

Suspend the officer, without pay, if the prosecutor 
files criminal charges or the Grand Jury returns 
"true bill"; or.

Reinstate the officer to active duty if the prosecutor 
determines the homicide to be justifiable or the 
Grand Jury returns a "no bill", except in those 
situations where pending department charges require 
the officer to be under suspension.

Marvin L. Van Kirk 
Acting Chief of Police

DISTRIBUTION: All Personnel
All Bureaus, Divi.sions and Units
To be posted on all bulletin boards for one week,

I have read the above order and fully understand it.

J M Z -

Date



KANSAS CITY, MO. POLICE DEPARTMENT

G E N E R A L  ORDE R

D A T E  O F  I S S U E

3-9-77
E F F E C T I V E  O A T E

3-10-77 76-A4A
S U B J E C T'J

o  Firearms Policy - Firearms Review Panel
AMENDS

General Order 76-44
R E F C R E N C  E R E S C I N D S

•

I. INTRODUCTION

The gravest action any officer will ever be called upon to perform 
is the taking of another's life. Seriously wounding someone or the 
taking of a life by an officer is an extremely stressful and 
emotional experience.

When an officer is wounded or loses his life as the result of an 
assault by another individual, this is of utmost concern to the 
department.

4 B

II. PURPOSE 

A. To establish the Firearms Review Panel which shall review all 
situations when a firearm has been discharged by an officer, 
whether intentionally or accidentally.

To review cases when an officer has been shot at, upon the 
recommendation of the Crimes Against Persons Division Commander 
to the Chief of Police.

C. To modify policy, procedure, and training based on data 
received from the panel.

D. To compile statistics on incidents when firearms have been 
discharged.

III. POLICY 

A.

B.

The panel will review each incident when an officer discharges 
his firearm, whether intentionally or accidentally.

The panel will review each incident when an officer is shot by 
another individual.

C. The panel will review cases when an officer has been shot at, 
upon the recommendation of the Crimes Against Persona Division 
Commander to the Chief of Police.

D. The panel will be an Informal proceeding directed toward the 
issues of proper police procedure, officer's judgment, and 
other alternatives open to the subject officer.

E. The panel will have the authority to call before them any 
department member or non-department member they deem beneficial 
to the review.

1248



J.v > UI I \ , < '.C. .• \^L.l u t  Ur. a K J L I

G E N E R A L  O R D E R
• O A T  E  O  K  I S S U  E

11-21-73
iEFrecT!ve oatc
I
1 11-21-73 7 0 ^ ;

1 A  >.4 u  N  O  S

"ire li rn f. Folic'/
y c F Cr̂ cs'c K H e s c j o r

General Order 72-25 and any ether 
rule, policy, order, etc., that 
conflicts with this order.

I. PURPOSE

The purpose of this order is to provide a single source of 
reference for all departcent members as to the authorization, discharge 
and carrying of firearms.

II. POLICY

An officer is equipped with a firearm to defend himself or others 
against deadly force, or the threat of imminent deadly force. IIo-.;ever, 
when a firearm is used by an officer, it must be with the realization 
Lh.at the cLaah of some person may occur. Justification for t'ne use 
of an officer's firearm is limited to facts known to the officer or 
perceived by an officer at the time he decides to shoot. Facts unknown 
to the officer cannot be considered in later determining iustificatici! 
of the shooting.

The law authorizes an officer to use deadly force (use of firear-m) 
when it ap-pears neces'.sary to protect him -̂ol f or othorn from whar 
reasonably appears as an immed: are threat of great bodily har:.; or
imminent peril of death, 
that lav.’.

iC policy of thi.n department shall limit

The following revisions arc based on legitimate public concern 
as reflected in the American Bar Association's standards, ’.Naticnal 
Advisory Commission on Criminal Justice Standards and Goals, "Pciice", 
the Proposed Criminal Code for the State of Missouri developed by the 
Cerrmsittee to draft a Missouri Modern Criminal Code, and the citizens 
of Kansas City, Mis.souri.

III. PROCEDURES

A. Authorization of Firear.ms

1. All officers shall be armed approved at all
times v.'hen on duty. An approved firearm, is defined as a 
Ciepait.ient isotiec service revolver or an American made, i 
frame revolver of .33 caJiber.

a. All officers when working in uniform shall carry the 
department issued service revolver.

124 )̂



-2-

b. All officers when on duty in civilian clothes shall carry 
the department issued service revolver or an approved 
firearm.

c. Officers assigned to the Investigations Bureau or Special 
Operations Division, wiicse official duties may require 
carrying a firearm other than those authorited above, 
must receive prior written approval from their bureau
or division cotxmander to carry this firearm.

2. The carrying of a firearm while off-duty is encouraged, but 
shall be at the option of the officer. He shall not be subject 
to disciplinary action if an occasion should arise in which
he could have taken action but did not do so because he was 
unarmed. If the officer elects to carry a firearm off-duty, 
it must be a department approved revolver.

3. Ifncn an officer anticipates that he will consume alcoholic 
beverages in an off-duty situation, he is advised not to carry’ 
his firearm. If the need arises for police services while
an off-duty officer is visiting an establishment which serves 
liqi’or, the officer shall call the dispatcher and request 
that on duty officers respond.

A. Officers engaged in off-duty employmient which requires the 
performance of police related services shall be armed withi a 
department approved firearm.

5. Firearms carried while in civilian clothing shall be concealed 
from public view.

6. The department issued service revolver will not be modified
in any manner, except that factory made, checkered, oversized, 
walnut grips may be used.

7. Firearms will be loaded with department approved ammunition, 
which shall not be modified in any way.

8. All officers are prohibited from carrying automatic pistols 
except as set forth in III., A., 1., c.

9. An officer shall never brandish a firearm, nor remove a 
firearm from its holster, other than in the proper perform—ncc 
of duty.

10. Off-duty officers, while operating a department vehicle, will 
bo armed with an approved firearm.

11. Officers will provide m.aximum security for all firearms in 
their custody.

1250



B. Authorisation for the Discharge of Firearns

1. A police officer is authorized and has the duty to prevent 
an attack with a deadly weapon on himself, a fellow officer
or a member of the public by utilizing whatever force necessary, 
including the use of firearms.

2. An officer may discharge a firearm for any of the following 
reasons:

• ’>

a. To defend himself or other parties from death or serious 
injury.

b. In effecting an arrest when he reasonably believes such 
use of deadly force is irmr.ediately necessary to effect 
the arrest and he also has knowledge at the moment
he fires that the person to be arrested:

(1) Has committed or attempted to commit a felony 
involving the use or threatened use of violent 
physical force against a person.

(2) Kay otherwise endanger life or inflict other serious 
physical injury unless arrested without delay.

(3) When an attempt is made through the use of a deadly 
weapon or a threat of great bodily harm, to rescue
a prisoner who is in the lawful custody of an officer.

c. At a fleeing felon only if he (the officer) has knowledge 
at the moment he fires that the fleeing suspect has 
committed a crime of violence such as murder, rape, armed 
robbery and other lesser offenses, e.g., kidnapping, 
aggravated assault with serious injury. However, an 
officer may firs only after all other alternatives of 
apprehension have been exhausted.

d. To kill a dangerous animal or to kill an anim.al so badly 
injured that it should be destroyed to prevent further 
suffering.

3. Officers are prohibi ted from discharging firearms in the 
following instances:

a. To e
than

b. W’henb. Ivnen it appears likely that an innocent person v;ill be l\it.

1251



c. At tinyciie whom he believes may be a juvenile unless the 
actions of the juvenile suspect represent a direct threat 
to the life of tlie officer or ocher innocent persons, and 
only then as a last resort. The officer will be required 
to prove that his judgement in the matter of ago was 
reasonable. If there is any doubt as to the age of the 
subject, the officer should not shoot. A juvenile is 
defined as a youth sixteen (16) years of age or younger.

d. At a moving automobile or from a moving automobile is 
prohibited unless the occupant(s) of the automobile or
a suspect(s) represents a direct threat to the life and/or 
safety of the officer or other innocent persons, and then 
only as a last resort.

e. j\t a crowd.

f. Warning shots are prohibited.

g. At a suspect(s) v;ho is holding an innocent person as a 
hostage when firing would endanger the hostage or any 
other innocent person, except in cases of an "Operation 100" 
when authori.zed by a Tactical b’nit captain or an officer
of higher rank.

4. The following guidelines are provided to aid officers who are 
required to discharge firearms at a felon.

a. The discharge of a firearm is an irreversible action and if 
possible, an officer should, prior to firing, evaluate the 
following:

(1) Ocher methods of effecting the arrest and/or apprehension.

(2) Age of the suspect(s) and the offense(s) committed.

(3) Direction the firearm is to be discharged.

(4) Is the fleeing suspect in plain view? Extreme caution 
must be used at night as darkness may obscure the 
officer's vision.

(5) The danger of firing the firearm while running or 
jumping due to the possibility chat other persons or 
property may be struck by the projectile(s).

b. If possible, and if time and conditions permit, an officer 
should assiuae a department approved position, for which
he has been trained, prior to the discharge of his firearm.

125:



/ - 5 -

# )

c. An officer should resolve any dou.ht in his mind against 
the use of firearms prior to shooting.

d. In summary, every possible consideration should be taken 
prior to the use of a firearm, and if an officer believes 
that under existing conditions he should not use a firearm
to apprehend a felon, he will not be criticized or disciplined 
for this decision and his decision to employ every ot'ner 
means to effect an arrest,

5. The following guidelines are provided to aid officers who are 
required to destroy an animal.

a. An animal will be destroyed only after all attempts to 
notify an agency capable of disposing of the animal 
(Animal Control, Wayside Waifs, etc.) have been made, and 
the agency will not respond or has not responded after a 
reasonabi.e length of time.

b. If time permits, officers will adhere to the following 
steps:

o

(1) Effect steps to ensure the safety of all citizens, 
property and other animals by moving the animal that 
is to be destroyed to an area of relative safety, and 
out of public view if possible. This area may be a 
vacant lot, rear yard or a roadway medial strip. llie 
primary concern is that the animal should be placed 
upon the ground (in lieu of pavement) to decrease 
the possibility of ricochet.

(2) Shoot the animal from close range (5 to 15 feet, 
maximum, if possible),

(3) Shoot "down" into the animal so that the projectile, 
if exiting the animal's body, will enter the ground,

(4) Shoot the animal in the brain to minimize suffering.
EXCEPTION: If the possibility of rabies or that the
animal has bitten someone exists, the animal cannot
be shot in the brain. In these cases, the animal should 
be shot in the chest cavity, directly behind either 
front leg.

(5) Upon destroying an animal, Public Works should be
notified withovit delay for removal of the animal's 
body. EXCKPTICb': If the possibility of rabies or
that the animal has bitten someone exists, the animal's 
body v.'ill have to be removed to Municipal Animal 
Control, 861-0123.

125i



tD

V
ly

\ *
c

.

-3-

^ccAS3y» C'^-Hi M o .

- -̂i ̂ A V *''0 Cl- ;: irCc.»uiScor -- --------- -------

1 A police office’-- is auchoriced o^^fello/officer

t L t X t . : - u «  .5 « — •
. . .  . .  . „ .  a f lr a a ra tor aay f a U c ^ ^2. An oiricei. .jaâ ' ' ■- -— --- ------ -

reasons;
. ............ I r-r-'-- sario^To dsf^Tcd ** ■

injury.
a-aâ ĉ nneblv believes^uch.

Tn effecting a^ r.e.. nAce^^arv triffecc
of the -.ociel^

be . r r ^ S E ihe tires Lhat one p ,



6 -

C. Discharge oi Firearms Investigations

1. Tne Internal Affairs Unit will investigate all incidents in 
which an officer discharges a fircamn, on or off-duty, or.cc-pt 
the following:

a. The discharge of firearms on the department range and all 
other forms of target practice.

b. Sporting events, to include hunting and organized 
shooting marches.

r
V.

c. Hie test firing of firearms.

2. Tlie investigation conducted by the Internal Aifairs U^iit will
be in addition to an’/ i nv e s 11 c a 1 1 on c o r. c u c ted hy th e 11; \'C s 1 1 g a t i on s 
Bureau and chose conducted by the Inves tigations Bureau wi.lI 
take Precedence.

3. Immediately following the discharge of a firearm, it will be the 
responsibility of the officer or officers involved to notify the 
dispatcher who will notify the officer's division or bureau 
commander, assistant division commander, unit commander and 
irrup.edi.ate supervisor. The immediate on duty supervisor '..ill 
respond to the scene. Tne dispatcher is’ill also immedial.ej.> 
notify the approjiriate Internal .‘‘.ffairs Unit investigators .̂̂nd 
Investigations Bureau, if applicable.

a. When an officer from a division other than patrol is involved 
and his immediate supervisor is unable to respond, a patrol 
sector sergeant will be utilized in lieu of the office^, s 
imiaediate supervisor.

b. hTicn an officer is off-duty, he will notify the dispatcher 
who v/ill notify the patrol sector sergeant and division or 
assistant division commander responsible for the area in 
which the incident occurs and the appropriate Internal 
Affairs Unit in’vestigator(s) and the Investigations Bureau, 
if applicable, and they v/ill respond.

4. Incidents involving the SHOOTIhG OF A will be _ inve^igated
by the Investigations Bureau and Intcru.ai Aifairs Unit. lua 
investigations will be initiated imr-ediatciy and complctcv.. aS 
soon as possible. A thorough and objective investigation of 
the facts pertinent to the incident w’lll be cc’.'.aucted.

a. The field supervisor responding to the scene will be 
responsible for the follow’ing duties:



(1) Cor,-iT>and of the scene and oro^ectioji of the scene 
 ̂ "evl^nTe until arrival of the assistant division co..,.c.adir.

C2) 'Ih.e supervisor will determine when the officer involved 
is no longer needed at the scene and;

(3) Acco»pany the officer directly to the Crittes Against
Person Unit and;

(U) Refer the officer to the ccc-jaanding officer or the 
 ̂ Sergeant in charge of the Crimes Against Person Unit.

r ; i f f a s ‘. s ? f f ; . s s g -K  s
»> s s s . “J SInvestigator(s) »ho ulll assooe coaoand upon arrival.

(■)) 'Hie scone olll be protected by iEsediately roping off 
the leiT,cdiatc area, if possible, ano ror-oving a U
unauthorised persons J  -=1 b f  r 0^:^
required at the scene. m e  scene
until the completion of ajĵ  investigations.

(3) The assistant division cocimanocr (or unit ^
 ̂ will remain at the scene until no longer needed b> 

the Investigations Bureau and Internal Atiairs Unit
investigators.

5. .'In all other incidents involving the
(SUOOTIUG ^  A PFl'^ON, Dr^Bi^ING ^  ror -be~I~oremcurioued
FTCT"“ he“ fficcr, his immediate supervisor (or 
■^■’titut-es) and the assistant division coramander will remin 
the%.ceno until the arrival of the Internal Affairs Unit
inves tigator.

A All officers who arc witnesses to an incident will roma;ji ti.e6. All officers wn investigations Bureau and/or
scene un«.il >-hi. /i.r^vai . - co -rr-n-eTients for necessn-yInternal Affairs Unit investigator:,, so arr.. .f
statei'ients can be made.

7 Tlic officer involved will protect his weapon for examination by 
the Internal Affairs Unit investigator.

a rnen an officer is injured and has discharged his firearm
the firearm will be secured by his immeaiate sup e i w m .  ( - 
the c£;rcv.c„tlc„cd subs f i fnte.O or Che usscs »uc d.vc.oh 
commander, v:ho will make the firearm avaiiaole for 
exar.ii na t ion.

- 7 -

125fi



-8-

b. Wncn .uoro th.-u, cne o f f i c e  h=s  d i s c h a r s c d  "
Incident, n bcUistics oxn^cination o£ =11 firenms 
charged will be conducted.

D, Discharge of Firearm Report

1 Each ti-e an officer discharges a firearmi, Lucn , re^auired to subrnit 3
in Section C-1 of this order, Fore 109 P.O.,

5rtrtSrS-L::e ':rFrr:p :s!"= ;^^:pof^-
ro^ir^erirthfi^Uori^S^'eSoroe ani contain the follonins 
information:

a. h-nme and serial nnr.ber of officer who discharged the 
fircarm(s).

b. Date and time of occurrence.

Location of occurrence.

d. n-po. caliber, and serial number of fiream(s) discharged.

e. Type and caliber of ammunition fired.

f. Number of shots fired and direction shots were fired.

g. Description of object ^ n i L r "  Tbrief'"description) .
sex, DOB, etc., if known; if an aninai,

■ h Wiether or not the object fired at was moving standing or 
barricaded and direction of travel if m  a vehicle.

i. Whether or not the officer or officers were moving in a 
vehicle, standing, running, oarricaded, etc.

j. Results of the shot(s) fired (extent of wounds, other 
objects struck, etc.).

k. Names of supervisor, commander and investigators responding 
to scene,

i » i c : r f : r c i r

use of firearms, etc.

Homicide by Officers in the Performance of Police Duty
f Cl tv Missouri Police Pepartme.nt.,

1 tpipr, pn n'^ticer of the K.a.,a.nS uicy,

n

1257



-9-

J
investigat.ion of the facts and circumstances will be initiated 
immediately, and completed as scon as possible by the Investigations 
Bureau.

The officer responsible for a homicide shall be relieved of 
duty by h.is comcianding officer, without loss of pay or benefits, 
pending the results of the investigation,

a. The officer shall be available at all times for official 
interviews and statements regarding the case, and shall be 
subject to recall to duty at any time. He shall notify the 
Chief of Police prior to leaving the city.

b. The officer shall not discuss the case with any one except 
the prosecuting attorney and department personnel. This 
does not prohibit the officer from discussing the case with 
his attorney (s).

Tne policy outlined hereinbefore is not intended to imply or 
indicate that the officer has acted improperly.

Vilien a decision has been made by the prosecutor or the Grand 
Jury relative to the homicide, the Chief of Police will:

o

a. Suspend the officer, without pay, if the prosecutor files 
criminal charges or the Grand Jury returns a "true bill;" or,

b. Reinstate the officer to active duty if the prosecutor 
determines the homicide to be justifiable or the Grand 
Jury returns a "no bill," except in those situations where 
pending department charges require the officer to be under 
suspension.

3P. D, McNamara 
Chief cf Police

DISTRIBUTION: All Personnel
All Bureaus, Divisions, and Units
To be road at all roll calls and to be posted on all,bullet'in 
boards for one week. // /

// /— ^  If / . -
I have read the above order and fully understand  ̂ - > ‘

Date //



Supplonent Nuribor 2 to "Police Regulations Governing Use of Firoams Survey",
(June 2 -, 1964)

Kansao City, Missouri
Population 552,000 (1964 estimate)
Sworn Personnel 901

4 .

The departmental rules governing the use of firoams by sworn members of the 
Kansas City Police Department are presented below. Thoso rules do not restrict 
the use of firearms to self-defense or protection of endsrgered persons. Tnero 
are no local oî iLnances or Missouri state statutes governing the use of fireams 
by police officers.

5»150 An officer shall not draw or display his firearms except in 
line of duty or for official inspection.

5.160 An officer may discharge his firearms for any of the following 
purposes:

(a) To defend himself from death or seidous in;Jury.
(b) To defend another person unlairfdlly attacked from death 

or serious injury,
(c) To perfect the arrest or prevent the escape, after notice, 

when all other means fail, of a person v;ho has committed a 
felony.

(d) To prevent a felony involving force, surprise or violence.
(e) To perfect the arrest of a misdemeanant who resists arrest 

when such force is reasonably necessary. Resisting arrest 
here means actual force and violence used against the 
officer and not fleeing or running to escape or avoid arrest.

(f) To kill a dangerous animal, or to kill an animal so badly 
injured that humanity requires its removal from s;ifforlng.

(g) To give an alarm or to call'assistance for an important 
purpose when no otner means can be used.

The discharge of a firearm to aid in the arrest, or to stop the flight of 
a penjon vho has committed only a misdemeanor is prohibited. An officer 
who fires at a fleeing person vhio has committed only a misdemeanor is 
guilty of assault, whether he intends to hit the person or not. However, 
when ouch a person becomes a dangerous assailant, or vmen an attempt is 
made to rescue by violence a prisoner of any grade, even though guilty of 
no more than a misdemeanor, the situation changes instantly; the officer 
must meet force ;^th force and the use of his revolver as a last means of 
protecting himself from death or soidous injury will bo approved by the 
department.



j \ n a \ V i l l <  ~ 7 X v iy ,.

( KKOXVllU POLICE DEPART.V.EIIT

C

K noxvilla , Tennessee

Official Law Enforcement  Manual

o f

Rules and Regulat ions

and

Standard  Operat ions Procedures

KYLE C. TESTERMAN 

Mayor

C '
DUANE J. AUSEHS 

Director of Public Safety

JOE C. FOWLER 

Chief of Police

• » L c  b



c

This official Law Enforcement Manual of Rules and 
S '  “ 7  S - d a r d  Operations Procedures " , 2
p S k e  n .n  ^ establish the policy of the Knoxville 
Police Department m specific areas of concern, to achieve 
a degree of uniformity in the methods of operations and 
to provide the officer with procedural guidelines to assist 
him in executing his duties in a professional manner.

searrh^l^ manual, which is the result of extensive re­
search and preparation, reflects the development and pro- 
gression o the Knoxville Police Department and /our 
chosen profession, Law Enforcement. ^

 ̂ No manual can be a substitute for intelligence sound 
udgmeut and discretion. The complexity and’ di^eis^y of 

the law enforcement profession forbid it. Properly em

place intelligence, judgment, traini.ng and experience and 
promote the highest standards of performance , X e a ^  
member of the Department to enhance your daily endeavors 

professional public servants, dedicated to the safety and 
protection of your fellow citizens. ^

Duane J. Ausetts 
Director of Public Safety

C

(

^ 2 6  J



ACTION TAKEN CODE
A Report submitted. jB Unable to locate com­plainant. JCC Unable to locate add. LD Unable to locate sus­pect. M
E No Police Action N

needed. 0
F Problem settled. P
G Advise of proper 

agency to contact. Q
H Vehicle checked all R

right. S
1 Person checked all right.

Property checked aU right.
Verbal warning.
Issued traffic citation. 
Made arrest.
Made contact report. 
Assisted Officer.
Call handled by other agency.
Other.
Message delivered.
Message delivered; left note.

C :

300. Use of Force

301. Introduction

weapons and to use 
' I  e.xecution of official duties bur-

- d  r̂ -
fnlin • • atti tude towards it The
follow,„g su.d u„,3 procedoros shall be w iow ed  
l lL m ^  It should be understood that a no-
iaToTssTve
v o n d  fb  /  j  member who resorts to force be- 
jond the standards imposed bv l a w  a n d  f W  n

- e „ .  shall subject h L e U  fo dT scioL a^ “  
damage suits and criminal prosecution ’

302. Members shall restrict their use of physical force to 
the minimum required to effectively complete their

■ exh^sted “  Itave been

303. When making lawful arrests, members shall use

(

(  '

or'O. .



c 305,

1^306.

1 ^ 0 7 .

C

W^08.

310.

311.

312.

(. 313.

sons or the arresting member, the amount of physical 
force reasonably required to prevent him from doing 
so, and to bring under complete control shall be used°
Members shall resort to the minimum physical force 
required to prevent a crime or broach of peace.
A  member shall resort to the use of a deadly force 
when he reasonably believes it is necessary to defend 
himself or other persons from death or serious phyi- 
cal inj ury.
A  member shall use a deadly force when necessary to 
effect the arrest for a felony dangerous to human life 
(murder, manslaughter, rape, armed robbery, first- 
degree robbery, arson or kidnaping) after peaceful 
alternatives have been e.xhausted.
A  member shall use a deaoly force when reasonably 
required to prevent the escape of an arrestee for a 
felony dangerous to human life.
A  member shall use a deadly force when reasonably 
required to prevent the commission of a felony dan­
gerous to human life. '
Members shall not fire warning shots under any cir­
cumstances. Weapons shall be drawn only when re­
quired as provided for under this section.
A  member shall not fire his w’capon under circum­
stances that could result in injury or death of inno­
cent persons.
Members shall not fire at moving vehicles unless re­
quired to effect the arrest for a felony and
f- there is immediate danger to human life unless the 

vehicle is stopped.
2. the area is such that there is no danger to innocent 

parties should the vehicle go out of control.
Members may shoot to destroy an injured animal 
when no humane officer is available and no other 
means are at the member’s disposal. A  written report 
shall be submitted.

• I

■ 12Q 3



314 Whenever the use of force is necessary, the arresting 
omccr will charge Ihe peraon with rcsistmg arrest
and file a report slating the details of the incident ^ ^
the nature and ex ten t of force used, and the extent of 
any injuries resulting from the use of force.

315 If the arrestee is injured seriously, the ^
® summoh an antbulance to the

incident to his superior officer. If there is doubt as 
to the extent of injury, he shall consult his supen 
officer before requesting the ambulance.

316 Members shall subm it w ritten  reports to the ^
PoT ce every time their weapons are discharged either 
b ra c c id e n t nr on purpose (except d u nng  practice at 
approved ranges).

400. F irearm s

401. Introduction f  '
The following standards and procedures ^ ’
lished to promote in each member the respon.ib.Uuy
a fd  proficiency tha t accompanies the authority to
carry and use firearms in the line of duty.

402 Members shall carry only assigned
D epartm ent or a personal weapon approtea m  g
by the Chief of Police. All weapons shall have
minimum caliber of .38.

403. Members wib^be puhe^d

T n T s" M embers cssign'ed a D epartm ent weapon but 
having permission to carry a personal weapon will be 
required  to qualify w ith both. Those not qualifying 
wiU be given instructions by the range officer unt 1 
qualification is achieved. ^

404. M embers shall keep the ir ^
orderly  condition. F irearm s are subject to mspccuon 
at ro lU a ll and qualliication. M embers failing mspec-

.1264



c

c

c

tion shall take immediate action to meet Department 
standards. Repeated failure shall warrant discipli­
nary action.

405. Instruction and commands of the Range Officer shall 
be obeyed without regard to rank. General rules shall 
be posted in a conspicuous place and obeyed by all 
members.

406. No intoxicated persons or alcoholic beverages shall be 
allowed on or in the vicinity of the firing range.

407. Anyone violating the rules of the Range shall be re­
ported to the Chief of Police and subject to discipli­
nary action.

408. Members shall handle, carry, transport and use fire­
arms in a cautious, responsible manner. They shall 
engage in no unnecessary or e.xcessive display of 
weapons.

409. Members may carry weapons when off-duty, even 
when traveling within the State of Tennessee, but this 
is not advised. It should be done only when needed 
for police purposes. Your right to carry a weapon in 
another state should be verified with authorities there 
before doing so.

500. National Crime Information Center

501. Introduction
The National Crime Information Center is a com­
puterized index to documented police information 
concerning stolen property and individuals wanted on 
federal or felony warrants. Access to this informa­
tion is provided by the Department terminal giving 
Knoxville a direct line to the central computer in 
Washington, D.C. The terminal’s national character 
gives it both nation-wide and local significance. Its 
success in Knoxville depends upon the extent to 
which it is used.

• » 12G5



OFFICE OF THE CHIEF OF POLICE

SUBJECT: USE OF F IREARM S PO L IC Y -REV ISED

EFFECTIVE: IMMEDIATELY

PURPOSE: F o llo w in g  a recent c o u r t decis ion (Kortum ir. Alkire), th is  D epa rtm en t's  p o lic y
regarding the use o f firearm s was review ed. The review  resu lted  in the Board o f 

Police C om m iss ioners ' a d o p tio n  o f  a revised p o lic y  on  the  use o f firearm s. Th is  o rde r delineates the 
revised p o lic y .

SPECIAL ORDER NO. 35 SEPTEMBER 30, 1977

POLICY:

I. PREAMBLE TO THE POLICY ON THE USE OF FIREARMS. The use o f a firea rm  
is in a ll p ro b a b ility  the  m ost serious act in w h ich  a law  en fo rcem en t o f f ic e r  w i l l  engage. 
It has the  m ost far-reach ing consequences fo r  a ll o f  the parties invo lved . It  is, the re fo re , 
im pera tive  n o t o n ly  th a t the  o ff ic e r  act w ith in  the boundaries o f legal gu ide lines, eth ics! 
good ju dgm en t, and accepted practices, b u t also th a t the o f f ic e r  be prepared b y  tra in in g ! 
leadership, and d ire c tio n  to  act w ise ly  w henever using a firea rm  in the course o f d u ty .

A  reverence fo r the  va lue o f  hum an life  shall gu ide o ffic e rs  in considering  the  use o f 
dead ly  force . W hile  o ffic e rs  have an a ff irm a tiv e  d u ty  to  use th a t degree o f fo rce  
necessary to  p ro te c t hum an life , the use o f dead ly  fo rce  is n o t ju s tif ie d  m ere ly  to 
p ro te c t p ro p e rty  in terests.

It is in the p u b lic  in te res t th a t a po lice  o f f ic e r  o f th is  D e pa rtm en t be guided b y  a p o lic y  
w h ich  the people  believe to  be fa ir  and a p p ro p ria te  and w h ich  creates p u b lic  con fid ence  
in the  D e pa rtm en t and its  in d iv id u a l o ffice rs .

This p o lic y  is n o t in tended  to  create d o u b t in the m ind  o f an o ff ic e r  a t a m o m e n t when 
a c tio n  is c r it ic a l and there  is l i t t le  tim e  fo r  m e d ita tio n  o r re fle c tio n , it  p rovides basic 
gu ide lines govern ing  the  use o f firearm s so th a t o ffice rs  can be c o n fid e n t in exercis ing 
ju d g m e n t as to  the  use o f  dead ly  force . Such a p o lic y  m ust be v iew ed as an a d m in is tra ­
tive  gu ide fo r  dec is ion -m ak ing  be fo re  Jhe  fac t and as a s tandard fo r  a d m in is tra tive  
ju d g m e n t o f th e  p ro p r ie ty  o f  the  a c tio n  taken . It  is n o t to  be considered a standard 
fo r  ex te rna l ju d g m e n t (c iv il o r c r im in a l lit ig a t io n )  o f the p ro p r ie ty  o f  an a c tio n  taken. 
This is a m a tte r o f established law  and also a process fo r  cou rts  and ju ries  review ing 
spec ific  facts o f  a given in c ide n t.

II. NECESSITY THAT OFFICERS BE ARMED. As long as m em bers o f the  p u b lic  are 
v ic tim s  o f v io le n t crim es and o ffic e rs  in the  pe rfo rm ance  o f th e ir  du ties  are c o n fro n te d  
w ith  dead ly  force , it  w i ll rem ain  necessary fo r  p o lice  o ffic e rs  to  be p ro p e r ly  arm ed fo r 
the  p ro te c tio n  o f  so c ie ty  and themselves.

III. REASON FOR THE USE OF DEADLY FORCE. A n  o ff ic e r  is equ ipped  w ith  a firea rm  
to  p ro te c t h im se lf o r o the rs  against the  im m ed ia te  th re a t o f  dea th  o r serious b o d ily  in ju ry  
o r to  apprehend a flee ing  fe lon  w h o  has c o m m itte d  a v io le n t c rim e  and whose escape 
presents a substan tia l r isk  o f  death o r serious b o d ily  in ju ry  to  o thers.

DISTRIBUTION "A '



SPECIAL ORDER NO. 35 -2- SEPTEMBER 30, 1977

IV.

V.

VI.

p b o t e c t , o n o f  <b e n e r a l  p u b u c ^ r *
ju s t if ic a t io n  fo r  f ir in g  at a susP«ct f f  c o n d itio n s  th a t w o u ld  sub ject

i : r c r V s S s r a r r . . a , 3 . e  1 ^ , . .  o , .a a ,h  o , aer,oos

b o d ily  in ju ry .

m i n i m i z i n g  t h e  r i s k  o f  d e a t h . ^ o m ^ o m p le \? n g 'W h a l he
k i l l ;  he shoo ts w hen it is necessary P . 5i tu 3 t io n  an o ffic e r  m ay n o t have
is a tte m p tin g . In the ex trem e  stress o f a shooting^sU
the o p p o r tu n ity  o r a b ili ty  to  d ire c t h im se lf o r o thers. H ow ever, m

S e i i n r ^ r / r ^ i i i r o p C r ^ ^ ^

t h e  u s e  o f  d e a d l y  f o r c e . A n  o ff ic e r  is a u th o rize d  th e  use o f dead ly  fo rce  
w hen it  reasonably appears necessary.
A. TO p r c e c .  h im se lf o r  o the rs  fro m  an tm m ed ia te  th re a t o f  dea th  o r serious b o d .ly

in ju ry , o r . .
B. T o  prevent a c r im e  yrhere the  suspect's a c tio n s  place persons in ie o p a rd y  o f dea. 

or serious b o d ily  in ju ry ,  o r

, c .  To  apprehend a flee ing  fe lo n  , " i ° m e ' 'S js c . j " w T , L r a j r e s i ' f s
ca“ s e d ^ : :h  : n : i : u : o r ; m | u ' r y  «  o the rs  l,  apprehension ,s delayed.

O ffice rs  Shan n o t use dead ly  fo rce  to  p ro te c t them selves fro m  assaults w h ic h  are n o t 
lik e ly  to  have serious results.

, ™ .... ..1.1..— ■“  “ •
or appear im p rac ticab le .

J U S T IF IC A T IO N  L IM IT E D  T O  F A C T S  OeThe fac ts  know n  o r
use o f  dead ly  fo rce  m ust up '^ec id es  to  shoo t. Facts u n k n o w n  to  an o ffic e r ,
r j t t r ^ h ^ o ^ ^ ^ m 'r e l i i n k 'S n r t ^ :  o r d e r e d  a , a la te r date to  iu s . i fy  a shoo ting .

V I , 1. S U SPE C TE D  F E L O N Y  O F F E N D E R S  ' 0^ ^d T e J .
ca lled  upon to  h a lt on p ,pe officer has any  d o u b t w h e th e r the

r n ° « I e < i “ a i h ' f S  the person against w h o m  th e  use o f dead ly  fo rce  is p e rm m e  

under th is  p o lic y .

VII.

d i s t r i b u t i o n  “ A '
12G 7



SPtCIAL ORDER NO. 35 -3- SEPTEMBER 30, 1977

YOUTHFUL FELONY SUSPECTS. Th is  D e p a rtm e n t has a lw ays u tiliz e d  ex trem e 
c a u tio n  w ith  respect to  the  use o f dead ly  fo rce  against y o u th fu l o ffende rs . N o th in g  
in  th is  p o lic y  is in ten ded  to  reduce the  degree o f  care requ ired  in such cases.

SHOOTING AT FLEEING MISDEMEANANTS. O ffice rs  shall n o t use dead ly  fo rce  to  
e ffe c t the  arrest o r p reven t the  escape o f  a person whose o n ly  o ffense  is c lassified  so le ly  
as a m isdem eanor under the  Penal Code.

XI. FIRING W ARNING SHOTS. G enera lly , w a rn ing  shots shou ld  n o t be fire d .

XII. DRAWING OR EXH IB IT ING  FIREARMS. U nnecessarily o r p re m a tu re ly  d raw ing  o r 
e x h ib it in g  a fire a rm  lim its  an o ff ic e r 's  a lte rna tives  in c o n tro ll in g  a s itu a tio n , creates 
unnecessary a n x ie ty  on th e  p a rt o f  c itizens , and m ay resu lt in an unw a rra n te d  o r  acci- 
d e n ta f d ischarge o f  the  fire a rm . O ffice rs  shall n o t d raw  or e x h ib it  a fire a rm  unless the 
c ircum stances s u rro u n d in g  th e  in c id e n t create a reasonable b e lie f th a t it  m ay be necessary 
to  use the  fire a rm  in c o n fo rm a n ce  w ith  th is  p o lic y  on the  use o f firea rm s.

NOTE: D u ring  a special m eeting on  Septem ber 29, 1977 , the  Board o f  Police
C om m issioners ado p te d  the  fo llo w in g  as a va lid  in te rp re ta tio n  o f th is  S ection :

"U nnecessa rily  o r p re m a tu re ly  d raw ing  o r e x h ib it in g  a fire a rm  lim its  an o ffic e r 's  
a lte rna tives  in c o n tro ll in g  a s itu a tio n , creates unnecessary a n x ie ty  on the  pa rt o f 
c itizens , and m ay resu lt in an unw a rra n te d  o r acc iden ta l d ischarge o f  the firea rm . 
A n  o ff ic e r 's  decis ion to  d ra w  o r e x h ib it  a fire a rm  shou ld  be based on  the  tac tica l 
s itu a tio n  and the  o ff ic e r 's  reasonable b e lie f the re  is a subs tan tia l r isk  th a t the 
s itu a tio n  m ay escalate to  the  p o in t w he re  dead ly  fo rce  m ay be ju s tif ie d . When 
an o f f ic e r  has de te rm in e d  th a t the  use o f  dead ly  fo rce  is n o t necessary, the  o ff ic e r  
shall, as soon as p rac ticab le , secure o r ho ls te r the  f ire a rm ."

AMENDMENTS:

Th is  o rde r adds Sections 1 /5 5 6 .2 5 , 1 /5 5 6 .5 5  and 1 /5 5 6 .7 5 ; deletes S ection  1 /5 5 6 .9 0 ; and 
am ends the fo llo w in g  S ections o f  The D e p a rtm e n t M anua l;

1 /556 .
1 /5 5 6 .2 0

O /5 5 6 .3 0 x

1 /5 5 6 .4 0
1 /5 5 6 .5 0
1 /5 5 6 .6 0

1 /5 5 6 .7 0
1 /5 5 6 .8 0

10BERT F. ROCK, ASSISTANT CHIEF  
ACTING CHIEF OF POLICE

DISTRIBUTION "A "



LAW HNFOHCSMSNT OPSHATIONS

?L2 = 1NQ rcLON3. 3v 9t3tut3. an officer IJ author zad tha ujb of dsadly fcrca >t
r “'-3«fV to pravant thaeacapa of a 

W ’ ®" “ T chfec- p “v on V ba IxarsUad wnan all reason- 
M .^i.^rratlv^ haS'bean exhausted and must ba based

S v  cn S  =f S %  WC-.3- 1= t» '-«■■>

. • »o anumarata spspiffs falonles and state
‘ -iram fv ihaMha aSapa of parpairater must ba 

rt^ail c"sts or that there are other felonious prevented at all .  t allowed to escape
? a K *  ih K  to shoot him . Such,decisions are based upon 
sound judgment, net arbitrary cnecklists.

E33.70 JUVEN1L2 rS '-O N Y  SL'SPSCTS. An o fficer |  
canarally should not shoot at a f.eeing falcn 

whom ha has reasonable grounds to believe Is a luvanlle. 
However, whan tna oscace of sucn a suspect can reason- 
a^lv be expected to pose 3 serious threat to tna life  of 
a?e^ther parson, than under these circumstances an off'C -r 
m avThco t to prevent the escape of sucn p rs o n . This

do»s not lim it an o fficer's right of sell-dafanse or 
h ird e ^n s a  0? othaTs whose lives he reasonably behaves 
are In Imminent peril.

R-sa nn <?HCQTtNG AT FLsSlNG MlaOSMcAMANTS, 
Q fflc “ rs may not intentlona'ily use dead y  force » efts«. tto sr 9r=v,m fr.a »' •

R aaan P iH lfJG  W ARNING SHOTS. Generally, warning ■
Tho., ,h = S  m l ba llra-i In a" a>«mpt to mouc, 

the surrender of a suspect,

CQNCSALSD-PIHSARM UC2.NS23., The Chief 
of Police, b y i ^ ,  may issue to a resicant of tne 

I P'1 Icensa to carry a concealed fire-
County of e^rson Is of good moral cnarec-arm upon p r o o ^ e t  the person is u g nesnsa.

,e . o f / e i  y jyg i reasons for requesting the

i ^ ’ oaliev of this Oeoartment to ostsy 'T '^
''fb-otv-a ta earrv 3 eoncealad firearm In the absene« of a 

eireum,nances by the Chief of
Police.

523.

June, 1374
Msnual of the Los Angeles Police Depertmant



LAW ENFORCEMENT OPERATIONS 1/556.50

■■'̂ ^2.  POLICE ACTION ON SCHOOL CAMPUSES. It 
is neither the intention nor the desire of the 

Department to suppress or restrain lawful activity, either 
on or off campuses. The Department will expend what­
ever resources are necessary to protect the rignts of any 
person or group to conduct a peaceful and lawful demon­
stration at any location within the City. However, unlawful 
activity, whatever its guise, requires prompt and eff^tive 
action by the Department. The Department will take 
appropriate legal steps to discourage unlawful acts.

The tactics employed by dissidents engaged in disruptive . 
activities frequently include efforts to draw the police and 
other public officials into responses likely to produce 
violence and injury to participants and thus garner support 
for their cause. It is therefore incumbent upon the Depart­
ment to cope with disruptive situations in a professional 
manner which will minimize the potential for violent 
confrontations.

55a ( ^ S E  OF F I R E A R M ^

55ai0  NECESSITY i i-iA1 O FF ICERS SE  ARM ED.
As long as members of the public are victims of 

violent crimes and officers in the performance of their 
duties are confronted with deadly force, it will rernam 
necessary for police officers to be properly armed for the 
protection of society and themselves.

555.20 REASON  FOR THE USE OF D E A D LY
An officer is equipped with a firearm to defend 

himself or others against deadly force or, when it reason­
ably appears necessary, to effect the arrest of an escaping 
felon. An officer does not necessarily shoot with the 
intent to kill; he shoots when it reasonably appears neces­
sary to prevent the individual from completing what he is 
attempting. When a firearm is used by an officer, it must 
be with the realization that the death of some person may 
occur, not necessarily with the intent that such will be 
the result.

556.30 M IN IM IZ IN G  T H E  R ISK  OF DEATH. In the
extreme stress of a shooting situation, an officer 

may not have the opportunity or ability to direct his she: 
to a non-fatal area. To require him to do so, in every 
instance, could increase the risk of harm to himself or 
others However, in keepmci with the philosophy that the 
minimum force that reasona'bly appears necessary should 
be used, officers should be aware that, even in tne rare 
cases where the use of firearms reasonably appears neces­
sary, the risk of death to any person should be minunizec

556 40 JUST IF ICAT ION  L IM ITED  TO FACTS KNOWN
TO OFFICER. Justification for the use of tieadl 

force must be limited to what reasonably appear to be 
the facts known or perceived by an officer at the time he 
decides to shooL Facts unknown to an officer no matte 
how compelling, cannot be considered in later determimr.i 
whether the shooting was justified.

556.50 SELF  D EFEN SE  AN D  D E FE N SE  OF OTHERS.
The law of justifiable homicide authorizes an 

officer to use deadly force when it reasonably appears 
necessary to protect himself or others from what reason­
ably appears as an immediate threat of great bodily harm 
or from imminent peril of death. The policy of the 
Department does not limit that law.

Manual of the Los Angeles Police Dapartm.ent
March, 19/

1270



Ti'ie Objec'.'lves of the Department are to: Protect constitutional guarantees tor all persons Create and maintain a feeling of security in

WISCONSIN, 53701 (608) 266-4275

rrfD

July 19, 1977

Mr. William D. Geller 
Qiicago Law Enforcenent Study Group 
109 N. Dearborn St., Suite 303 
Chicago, Illinois 60602

33oc.co<D
0>
oT3noa

Dear Mr. Geller:
In response to your questions on the use of deadly force since 1973, 
we have had two citizens fatally injured by our officers viiile on 
duty. One occurred during a burglary in progress in which one of 
our officers was seriously wounded, and the other occurred during 
^  armed bank robbery escape chase. There have been no shooting 
incidents involving off-duty officers. We have had one officer 
wounded by gunfire.
I have eiiclosed a copy of our Department's policy conceming the use 
of deadly force.
Should you have any further questions, feel free to contact us. 
Sincerely,

STEVEN PERSY, Polj|ce Officer 
Planning and Research Unit
SP:lcp
Enel.

>d

3(Oo

zro

$ZTO

leqi SLU3|qoid Âiiuapt sjapuajjo puaqajdde 'aieudojddB ajagM ‘pue AtiAipe i e u i l u i j o  pue sjapua^o i b u i u j i j o  Aiijuapi •  saAiasiuagi



 ̂ (M/ 'rc ̂
4-900,

4-900. THE USE OF DEADLY FORCE 

4-901. General Policy

S F S { “ £ i “ " S r ^
....p.=ho„si,o„ c. ..fense 

4-902. Definition

4-903. Regulations

4-903.1 Deadly force shall not be used in the performance or oolir. 
duties except under the following circumstances.

A. AS a last resort in the defense of one's self, when 
there is reasonable cause to believe that one is in 
imminent danger of death or great bodily harm.

“ ■ t h e * o f a L r h r '  o f  another  p erson  „ho„Officer has reasonable cause to believe is in immi 
nent danger of death or great bodily ha^^

c o n t L f i  of apprehension andcontrol have been exhausted, to effect the arrest or
prevent the escape of a suspect whom the o f L c e ^ h L
reasonable cause to believe has committed or attempted
Of d“ :Sl" ôr̂ e?"̂  -  threatene^L^^

“■ resort trL'irfn”  «  » ‘-ton i ^ dangerous animal or one so badly injured
ina humanity requires its removal from suffer­
ing and other disposition is impractical.

-<-903.2 Doadly fnnne s h a l l  never  be used  under the fo l lo w in g  c ir e u a ,s ta n e e s . 

A. As a warning (warning s h o t s  w i l l  n o t  be f i r e d ) .

“  ^ O O i a y ^ p n e ^  “ - “ 3 . 1 . A, 4 - 9 0 3 . l . B ,

"  4 -oJ 3 ! i "b 1 pX “ : :  “ - “ 3 . I .A .  or

E. When in doubt. 7 9'*io

4-903.3 Before using deadly force, the'officer shall if -k ,
himself, order hh« ^ Possible, identifyt. order the suspect to desist from the unlawful activity a n d  

reaten to use deadly torce if the lawful order i ,s not oh- ved /



4-903.4 An officer shall avoid the use of deadly force when its use 
risks the lives of innocent bystanders.

4-903.5 Firearms may be used for target practice or competition on an 
approved range.

4-903.5 The procedure to be followed when an officer is responsible for 
the accidental or intentional discharge of any firearm (other 
than on an approved range), or the accidental or intentional use 
of deadly force by any means is:

A. The officer shall inform his immediate supervisor or Officer 
in Charge of the incident as soon as possible.

B.

C.

D.

The immediate supervisor notified or the investigating 
officer assigned shall temporarily isolate the officer in­
volved and make an investigation of the incident.

After giving consideration to the constitutional rights of 
the officer involved and to public and departmental inter­
ests, the immediate supervisor notified or the investigating 
officer assigned shall contact the officer involved and 
attempt to ascertain the circumstances of the incident.

i^^vestigating the incident and interviewing the 
officer involved, the immediate supervisor notified or the 
investigating officer assigned shall submit a written 
report of the incident to the superior officer on duty at 
that time.

E. As soon as reasonably practical at the conclusion of the 
investigation, the superior officer on duty shall review 
and forward the reports of the investigating officers to 
the bureau commander and the Chief of Police.

m

6 '1 /■?<



1. PURPOSE. *

0ffect3n3rr6St.

2. b a c k g r o u n d.
a. n p f i n i t 1 o n s .

j 4 orHpr DEADLY FORCE means the d i s c ha rg e  of
 ̂ a or t S o ’ ^ e  o f  fo rce  by o ther  ceans c a l c u l a t e d  to

I n f l i c t  s er i ou s  b od i l y  In j u r y  or death.

: :i:??a'r;:efpoo:;noTral?iirtrd°So; !"reS^;d
t S ^ n f l l c t  se r i ou s  b od i l y  i n ju r y  or  death.

b. A p p l i c a b i l i t y .

The procedures def ined In t h i s  
f i r ea rms  under the f o l l o w i n g  c i rcumstances .

(1) SUuatlons ]n''th^^in^of''dStJ^^«^v™9 ?he“rreven-
o f f o i s l  o r^ Ipprehenc lon  o f  an o f fe nd er  whether 

or not death or  a wounding occurs  as a r e s u l t .

3. ACTION.

a . Non-deadlv Force,.

An o f f i c e r  may use NON-OEADLY FORCE when I t  I s  necessary  to

1 2 7 4 ' ■  f



- 2 -
(1) E f f e c t  an a r r e s t ;

(2) Prevent the escape from custody o f  a person who 1s 
reasonab ly  suspect  o f  having committed an o f f e n s e ;  or to

(3) Defend one ' s  s e l f  or another In cases  not i n v o l v i n g  
s e r i o u s  bo d i l y  I n j u r y  or  death.

b. Deadly Fo rce .

DEADLY FORCE may be used In the f o l l o w i n g  c i rcumstances  on ly  
a f t e r  a l l  other  reasonable  means to apprehend or otherwi se  prevent  
the o f f e n se  have been exhausted:

(1) S e l f - D e fe n s e .

An o f f i c e r  may use DEADLY FORCE when I t  I s  In the 
defense of  h imse l f  or another from s e r i o u s  b o d i l y  in ju r y  or  
death and the th reat  o f  s er i ou s  b od i l y  In j u r y  or  death i s  
real  and Immediate. »

(2) Fe lon ies  I n v o l v i n g  the Use or  Threatened Use of  Phys i ca l  
Force.

An o f f i c e r  may use DEADLY FORCE when the o f fense  In vo l ve s  
a f e l o n y  and the suspect  uses or  attempts to use or threatens  
the use of  phys i c a l  force a g a i n s t  any person.

(3) Other Fe lon ies  Where Deadly Force I s  Author ized.

A f t e r  a l l  reasonable  means o f  p revent ing  or apprehending  
a suspect  have been exhausted,  DEADLY' FORCE I s  author ized in 
the f o l l o w i n g  cr imes:

Kidnapping
Murder In the 1st or 2nd degree  
Mans iaughter  . u \
Arson ( I n c l u d i n g  the use o f  f i rebombs;

A s s a u l t  and b a t t e r y ' w i t h  I n t e n t  to c a r n a l l y  know 
a c h i l d  under 12 years  o f  age
A s s a u l t  and ba t t e ry  with I n t e n t  to commit rape 
Burg l a ry  in the 1s t ,  2nd, or  3rd degree  
A s s a u l t  to commit murder 1n the 1st  or  2nd degree  
A s s a u l t  to commit vo lun ta ry  m a n s l a u g h t e r -  

(k)  Armed and_.s1mpl^_j"obbery

c. Use o f  Deadly Force P r o h i b i t e d .

The use of  DEADLY FORCE I s  p r o h i b i t e d  when:

(1) A r r e s t i n g  a person fo r  any misdemeanor o f f e n s e ;  or



(2 ) E f f e c t in g  an a r r e s t  o f  any pe rson  f o r  escape from 
the com m ission  o f  any m isdemeanor o f f e n se .

d. Use o f  F irea rm s P r o h i b i t e d . "

(1 )  As w arn ing  sh o t s  ;

(2 )  From any moving v e h ic le  o r  to s to p  any f l e e i n g  v e h ic le ,  
excep t In  ca se s  o f  s e l f - d e f e n s e  o r  ca se s  I n v o l v i n g :

(a )  Murder In  the 1 st  o r  2nd degree

(c )  A s s L l t  and b a t t e ry  w ith  In t e n t  to c a r n a l l y  know 
a c h i l d  under 12 y e a r s  o f  age

(d) Armed o r  s im p le  robbe ry

(31 In  any case  where an o f f i c e r  does not have a c le a r  f i e l d  
o f  f i r e  and cannot be r e a so n a b ly  c e r t a in  th a t  o n ly  the s u s ­
pect  w i l l  be h i t  and th a t  the p o t e n t ia l  f o r  harm to in n o ce n t  
p e r so n s  o r  t h e i r  p ro p e r ty  i s  m in im a l.

e. Notification P ro c e d u re s .

(1 )  Once the s i t u a t i o n  I s  under c o n t r o l , any member who d i s ­
c h a rg e s  a f i r e a rm  In  the l i n e  o f  duty  w i l l  Im m e d ia p ly  re p o r t  the 
f a c t ^  to  the D i s p a t c h e r  who w i l l  have . -
squad commander n o t i f i e d .  The l a t t e r  w i l l  ]
o r  bureau commander o f  the event ,w1 thou t  d e la y ,  1 ° .^  wr1t+-en
p r a c t i c a b l e ,  the o f f i c e r  who f i r e d  a weapon w i l l  subm it a w r i t . e n  
n a r r a t i v e  o f  the c i r c u m s ta n c e s ,  v ia  the cha in  o f  command, to the 
S S l ^ f  o r P o l l c e ,  w ith  c o p ie s  to the S e n la r  Member o f  the ^ r e a r m s  
Review Board  and to the Commanding O f f i c e r  o f  the 
In a d d i t i o n .  Form F2100.149  s h a l l  be f i l l e d  out and forw arded  to
the F i r i n g  Range.

(2 )  In  any ca se  r e s u l t i n g  In  death o r  w ound ing, the c o g n iz a n t  
watch o r  squad commander,or h i s  d e s ig n a te d  r e p r e s e n t a t i v e ,  w. i 
r « c e e 3  to  the scene and w i l l  r e l i e v e  the o f f l c e r ( s )
pending completion of the Inquiry that
F ire a rm s  Review Board. In  a d d i t i o n ,  the D i s p a t c h e r  w i l l  n o - i> y

_____t h ^ H ^ m lc ld e  Squad and the In t e r n a l  A f f a i r s  Bureau as r a p id l y
- as possible! Preservation of the scene will be the responsibility 

o f  the senior commander present.
’’

4. SELF -CANCELLAT ION.

T h i s  o r d e r  s h a l l  remain In  e f f e c t  u n t i l  I t s  p r o v i s i o n s  have been 
in c o rp o ra te d  in t o  the d e p a r tm e n t 's  Manual o f  P o l i c i e s ,  P rocedu re s  ’ n. 
Ru les and R e g u la t io n s .

' J . W / ^u b b a rd

D i s t r i b u t i o n :  A



O P E R A T IO N A L  O R D E R  . 9 

C H A P T E R  3

r :

S e c t io n  

3. 0 

3 .1

3. 2

D ISC H A R G E  O F  F IR E A R M S

D ISCH A RG IN G  ISSU E D  W E A P O N .

M IA M I P O L I C E  D E P A R T M E N T  -  
U SE O F  F IR E A R M S  P O L IC Y ,  . .

P a g e

P R O H IB IT E D  D ISC H A R G E  O F  F IR E A R M S .....................

C

3. 0 D ISCH A RGIN G  ISSU ED  W E A P O N . A f t e r  a n  i s s u e d  w e a p o n  i s  f i r e d ,  
w h e th e r  on o r  o f f -d u ty ,  e x c lu d in g  f i r i n g  p r a c t i c e  a t  a n  a p p r o v e d  r a n g e ,  
th e  b e lo w  p r o c e d u r e  s h a l l  b e  fo l lo w ed :

a .  T h e  m e m b e r  f i r i n g  th e  w e a p o n  s h a l l  n o t i fy  h i s  c o m m a n d in g  o f f i c e r  
a s  so o n  a s  p o s s i b l e .  I f  h i s  c o m m a n d in g  o f f i c e r  i s  n o t  a v a i l a b l e ,  
m e m b e r  s h a l l  n o t i fy  a n y  c o m m a n d in g  o f f i c e r  of th e  P a t r o l  S e c t io n .

b . A  D i s c h a r g e  of F i r e a r m s  R e p o r t  s h a l l  b e  p r e p a r e d  b y  th e  m e m b e r  
f i r i n g  th e  w e a p o n  a n d  s u b m i t t e d ,  th r o u g h  c h a n n e l s ,  to  th e  C h ie f  of 
P o l i c e .  O n ly  th e  o r i g i n a l  o f  th e  " U s e  of F o r c e "  R e p o r t  ( h a n d w r i t t e n )  
i s  n e e d e d .

c .  E a c h  d i s c h a r g e  of f i r e a r m s  s h a l l  b e  p e r s o n a l l y  i n v e s t i g a t e d  by  an  
o n - d u ty  c o m m a n d in g  o f f i c e r  ( l i e u t e n a n t  o r  c a p ta in ) ,  w ho  s h a l l  s u b ­
m i t  a  d e t a i l e d  w r i t t e n  r e p o r t  ( D i s c h a r g e  of F i r e a r m  S u p p le m e n ta r y  
R e p o r t .  R . F .# 1 8 4 )  a n d  a  d i a g r a m  of  th e  s h o o t in g  s c e n e  to  th e  C h ie f  
of P o l i c e  th r o u g h  c h a n n e l s .  T h i s  r e p o r t  s h a l l  b e  a t t a c h e d  to  th e  
D i s c h a r g e  of F i r e a r m s  R e p o r t .  I f  m e m b e r ' s  c o m m a n d in g  o f f i c e r  i s  
n o t  p r e s e n t ,  a  P a t r o l  S e c t io n  C o m m a n d in g  O f f ic e r  s h a l l  c o n d u c t  th e  
i n v e s t ig a t io n .

d. I f  a  w o und  i s  i n f l i c t e d  d u e  to  a  d i s c h a r g e  o f  a  f i r e a r m .  H o m ic id e ,  
I d e n t i f i c a t io n ,  a n d  I n t e r n a l  S e c u r i t y  w i l l  b e  c a l l e d  to  th e  s c e n e .

3 .1  M IAM I P O L IC E  D E P A R T M E N T  -  U SE O F  F IR E A R M S  P O L IC Y .
In  a c c o r d a n c e  w i th  th e  la w s  o f  th e  S ta te  of F l o r i d a ,  a n d  a n  o f f i c i a l  o p in io n  of 
th e  A t to r n e y  G e n e r a l  of th e  S ta t e  of F l o r i d a ,  n u m b e r  071-41, M a r c h  22, 1971, 
th e  fo llo w in g  b e c o m e s  th e  o f f ic i a l  p o l i c y  of th e  C i ty  o f  M ia m i  P o l i c e  D e p a r tm e n t .

T h e  p o l i c y  of th e  M IA M I P O L I C E  D E P A R T M E N T  is  th a t  a l l  m e m b e r s  s h a l l  
■ e x h a u s e  e v e r y  o t h e r v r e a s o n a b l e  m e a n s  of a p p r e h e n s i o n  b e f o r e  r e s o r t i n g  to  th e  

u s e  of d e a d ly  f o r c e .

T h e  L a w s  of th e  S ta te  o f  F l o r i d a  c o m m a n d  a  p o l i c e  o f f i c e r  to  (c o n t in u e d )

1277



OPERATIONAL ORDER 9

CHAPTER

r
enforce those laws enacted for the protection of lives, 
persons and property. A police officer has a legal duty to 
investigate crimes, to suppress them and to arrest persons 
who commit them.
In accordance with those laws of the State of Florida and 1971 
Op. Attorney General, 071-41, March 22, 1971, the MIAMI POLICE 
DEPARTMENT establishes the following:

a. A police officer has the authority to use deadly 
force to apprehend a fleeing felon, whether the felon 
id armed or unarmed, or whether the felony involved is 
one against a person or one against property; however, _ 
the police officer is under a duty to comply with certain
provisions governed by State Law before deadly force 
is used. Those provisions are as follows:

1) The officer must reasonably believe that a felony 
has been commiteed, or is being committed, and reaso­
nably believes that the person he is about to arrest 
or apprehend is the person who has committed the 
felony.
2) The police officer acting in his official capacity 
within the bounds of his legal authority shall commu­
nicate his official capacity and his intention or 
purpose to arrest the felon, unless such warning would 
be futile under the circumstances or such communication 
would imperil the arrest.
3) The police officer shall use deadly force only as 
a last resort. The officer shall exert no more_force 
than is reasonably necessary to apprehend the fleeing 
felon.

b. A police officer has the authority to use that force 
which is necessary to defend himself from death or great 
bodily injury. The officer must have reasonable apprehen­
sion that his personal safety is in immediate danger.
c. An officer is not justified in using deadly force to 
effect the arrest or capture of a misdemeanant unless the 
misdemeanant forcibly resists arrest to the point that the 
officer must act in self-defense.

The police officer who fires his weapon in the performance of his 
duties, bears many responsibilities. He must answerfor the act 
not only to his superiors, his Department and the law, but more 
importantly, to his conscience. Each officer must understand 
thoroughly what he has a right to do, and what is nis duty 
to do in relation to the use of deadly force. Quick action, 
with no time for deliberation, is often necessary. A decision 
must be made and it must be correct. Each officer should ask him-



(

OPERATIONAL ORDER 9 
CHAPTER 3

self one question before he pulls the trigger —  "Am I justi­fied in killing?". If there is any doubt, do not fire.
3*2. PROHIBITED DISCHARGE OF FIREARMS. Firearms shall not be 
discharged under the following circumstances;

a. As a warningl
b. At vehicles or persons involved solely in violations of traffic laws.
c. To effect the capture of the driver of a suspected or 

allegedly stolen motor vehicle unless the shooting is 
necessary for the defense of life, or the stealing 
of the vehicle is incidental to the commission of 
another felony.

2.3, ACCIDENTAL DISCHARGE OF FIREARMS. To prevent an accidental 
discharge of a firearm personnel willadhere to the following procedure.

a. Officers shall not draw their weapons unless its use 
is anticipated. (Excluding cleaning and training).

b. Drawn weapons will be carried "down and away" from the
body or in a "close hip" position with the trigger 
finger resting along the side of the weapon. (When 
moving or running the trigger fringer will be kept off the trigger.) ---

c. Any accidental discharge of a firearm shall be reported 
as outlined in section 3.0 para, a, b, and c. (A control 
of persons report is not required.).

REVISED 6/10/76



^ lAi \r̂

OFFICE OF DISTRICT ATTORNEY

M i l w a u k e e  C o u H t t j

E. M IC H A E L  M c C A N N  • D istr ic t  A tto rn e y

September 1, 1977

Mr. William A. Geller 
Research Director
Chicago Law Enforcement Study Group 
109 North Dearborn Street 
Suite 303
Chicago, IL 60602 

Dear Mr. Geller:

I am in receipt of your letter of August 9, 1977, seeking 
information as to the number of persons killed by police 
officers in the last several years.

We do not keep or retain statistics on that issue.

It is the custom, however, for this office to review all 
such slayings. Typically, we invite the witnesses to 
this office and go over with them in some detail in a 
review open to the press all that occurred prior to the 
shooting. We then make a tentative ruling as to whether 
or not the homicide is criminally actionable or justifiable 
or accidental, etc.

We also have adopted a firm policy that if any relative of 
the deceased requests an inquest, this office formally 
requests such an inquest and requests that it be before a 
jury. Under those circumstances, the Medical Examiner of 
this county is required to conduct a formal sworn hearing, 
open to the public, into the circumstances surrounding the 
death. Although we request a jury by policy in such cases, 
the Medical Examiner is not constrained by law to make it 
a jury proceeding. A bill is presently pending before the 
Wisconsin Legislature which will require the Medical 
Examiner to conduct such a hearing before a jury.

We have also adopted a similar policy in connection with 
any death occurring in our county jail or our county 
House of Correction.

W illiam  0  G a rd ne r 

Lee E W e lls

John J K o e n ig  

R ic h a rd  P  K lin k ow ilz  

Jon P e lc f  G e n n c h  

M irh . ie l M a tm s ia d I • 

H e rm an  8  John 

Pe lc r M  D o n o h u e  

W illiam  S o s n a y  

f ra n k  j C n sa li 

D e n n is  M  C ook 

T h o m a s  A, Sch u lz  

A le xa n d e r G SK Iena rz 

B ru ce  E Low e  

N egatu  M o lla  

f r a n k  T C n ve llo  

R ic h a rd  R Trujillo 

A lan  E Love  

Joan L H ic k s  

Patric ia  S  Curley  • 

Ro be rt 0  D o n o h o o  

S te p h e n  T J a c o b s  

Jon N  R ed d in  

F red r ic  E M a te st ic  • 

C h a r le s  S  B lu m e n h e ld  

Fred A E rch u l II 

K a ryn  K O n e s s e n  

W endy  H u fn age l 

T ho rna s J F lana gan  

R obert £ K raem er 

John  J D iM o l lo  )r 

A lbert R N e lso n  

M d rio  S  Spa la tin  

Carl W  B a c k u s  

W aller B  Cabell 

Pct-‘r J K o va c  

T im othy Fa lls 

C co rg e  N  P n e lz  Ml 

T h o m a s  J. H am m er 

Jam es W m  M o r r is o n  

C la rence  L Sh e rro d  

L in d se y  0  D rap er 

C h a rle s  B  S c h u d s o n  

M a rk  S  S le rn  

Jam es H  Sch a e fe r 

W illiam  J M o lito r  

Jeffrey A  K re m e rs  

R  Pau l M o h r  

Caro l L y n n  W hite 

D a rry l K N e v e rs  

L a w re n c e  J L a se e  

G era ld  R  Falk 

Steven  f  Sc e g e r  

O jv id  L Jorling 

Fe rn  S>cgcl Ferga l 

J 0  W a l ls

• Sp e c ia l A s s ig n m e n t  - 

P ro ject T u rn a r c jn J

SAFETY BUILDING, ROOM 4I2 • 821 WEST STATE STREET • MILWAUKEE. WISCONSIN 53233 • TELEPHONE 414-278-46T6

0S3I



■2-

\\

During such proceedings, we permit relatives or friends of the 
deceased to submit questions to us to put to any party during 
the proceeding. In addition, we invite them to submit a list 
of names of persons they wish to testify and we call those 
persons and take public testimony from them.
Chapter 939 of the Wisconsin Statutes provides that an individual 
may cause great bodily harm or death in order to protect himself 
or another from great bodily harm or death. We think the statute 
is inadequate because it fails to define or limit the right of a 
police officer, if any, to shoot to stop a felon from fleeing 
whether that felon be a suspected felon, an adjudicated felon, or 
whether he shall have been involved in a violent or a non-violent 
crime.
I regret that we cannot more explicitly respond to your letter.
I should profoundly appreciate it if you would forward the 
results of your study to the undersigned.
Thank you.

E. Micftael McCann 
District Attorney

EMM/naw

1281



I

C?7A — 2

^ L  0 2 0 1 ? .  j D A T E : F e b r ' j a r y  2 ,  I'J 'JU  1
i1

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1

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t
2 c ? . U > i ' :  o ' ^ i T I L  T J ? S E = 3 . i : 0 T lC Z  1

i
R E S C I N D S :

P O L I C T  - D . i T ' T i  p ? ; 3
- F I P Z -  i 

1970 1 e d . :
•

I  ?[J: i ? 0 3 E :
I . , .• . ' ■ • ■

T o  p r o v i d a  p o l i c y ,  g u i d a c c s ,  a n d  a c c o u n t a b i l i t y  f o r  t h a  u s a  o f  f i r a a r r ^  b y  
i ; i c n a a p o l i s  P o l i c e  O f f i c e r s . ~

I I  W A S . ' f : : : c  S K O T S c '. 4 ' - •

W e m i c i g  s h o t s  s h o u l d  n o t  b e  f i r e d  f o r  a n y  p u r p o s e .

I I I  JUS~IgIA3LT USE 0 ~  OSblSCT 70RC"-. ■

■ s . ’. o u l d  n o t  d i s c n a r g a  t n a c r  f i r e a m s  a n c a p t  i n  t h e  i o l l o ' . ' L n g  c a s e s :

’ p r o t e c t  t h a n s a l v a s .  o r  a n o t h e r ,  f r o a  a t t a c h  , v h i c h  t h e  o f f i c e r s  h a v a
r a a s o r . a o j . a  c a u s a  t o  b a l a a v a ,  c o u l d  r e s u l t  i n  d a a t n  o r  s : r a a t  b o d i l y  h a m .

t h e  o t t i c a r s  h . a v a  r e a s o n a b l e  c a u s a  
t o  b e l i e v e  i s  a b o u t  t o  t o . m i t :  i s  c c r u a l c t l a r t  o r  h a s  c o m ’ t i e d  a  f = l c - r  - - b ' c ' -  
a n v o a v a c  a c c u n i  o r  t h r e a t a r e a ' a t t r c h  o r  f o r c e ,  u h i c h  c o u l d  r a s u l t  i n  " a e n t n  o '  
g r e a t  b o d i l y  h a r e  t o  fi- - - 17~ **--- 1 rr; :__ iH'_ _ _ _

I V  B 1SC 1L\3 .C Z  0 ?  5 I ? J i A S : i 5  ? s E ? 0 ? v T

0«i.^wej.s having disenargad unaj-r riraanna snali. rile a writcaa report ia accorct 
v i t h  G e n e r a l  O r d e r  G ? 7 4 - 3  o r  t h e  D u t y  I l a r . u a l .

\ Z T i _



f ^ u . .  V < V ’ ! ' ' ‘ ■

(c) VJh6nev6r slhs,̂Ii actioji is  tak6n by ths off icer,  vyharo^ tha c it iz sn  
has actual 1 ^ 1  acQ'ci the offender under a r r ^  in the''^presence of 
the off icer, \ h / o f f i c e r  w ill then and therOy^dul^advise the o f ­
fender of his iKdividual r ights under the 1aw \ before presenting 
the facts of tHeXmatter before judicial authori^

%

( A )  Whenever the / i t i i e n  (complainant) wishes to/turn over an offender 
to an off icer, bu\does no^ show interest in follOvnng through vnth 
the prosecution of the case, the off icer shall not ageept the c i t i ­
zen 's arr/st, but instead, shall duly advise the citizen of the 
procedure for procuring the appropriate arrest warrant within a
reasonable time thereafter.

i:

U6(L o (i F o fic e .

USE OF FORCE: DEFINED
Consistent with the most recent pronouncements of Constitutional, 
Statutory, and Judicial authority, and for the administrative pur­
poses of the Metropolitan Police Department, U^e F o A .e e  shall
be defined a s........"-the ovcAcom-ing o{, n.QAl6tanee on. unMilZingneA^
bij actual exefution 0(5 itneng th  upon ofi agaJjut a peA^on cu brought 
about bij neec^bittij, laio, on. duty."
The legal guidelines or restra ints attending the use of force, as 
defined, which must be observed by a law enforcement o ff ice r  upon 
confrontation wherein a lawful "stop" and/or "arrest" has been made, 
shall be promulgated herein, whereby regulatory provisions pertain­
ing to the "use of force" w ill be further detailed and made known.

2J.Z7I USE OF FORCE: AUTHORIZATION - GENERAL
Contingent with the legal guidelines or restraints attending the "stop" 
and/or "a rre st ",  as heretofore detailed, the leading authority fo r  the 
"use of force", as defined herein, is  a compilation of numerous U.S. Su­
preme Court decisions, which generally interpreted means:

A Zme en{^oneesmvt of^itcen., In  waiving a lega l oAAej>t, may uAe 6ueh nea- 
1/  6onabl.e ^once at may be necet^/OAy to  e(){,eet the  onAett, deta in  th e  peA- 

6on oAAetted, and pn.otect lujnieZl and othent inom bodily hoAm In  th e  
pnocet6.

Accordingly, the amount of force used w ill be subject to ju st if ic a t ion  
in each separate occurrence based upon what is "reasonable" under the 
particular set of conditions and circumstances.
EXAMPLE: An o^^iecA I t  not authoAdzed to  6hoot a tna^^le  y.ioiatoA dimply

to  pneveivt lu t leaving th e  6eene, but neltheA lf> he AequlAed 
to  Ae^noMi ^Aom Ltlng (^oAce when h it (the o^^leeA'^] peAtonat 
Aaf^ety I t  endangened.

IMPORTANT: The test of "reasonableness" is  s im ilar to the test fo r  "prob­
able or reasonable cause to arrest." Hence, "reasonable" 
force depends upon a ll the facts and circumstances surround­
ing the arrest as they would appear to the ordinary, prudent 
and cautious man under the same circumstances. In other words, 
what would appear to be reasonable to the average juror in the 
State of Tennessee,

I 2 s a .



.272 USE OF FORCE: AUTHORIZATION - SPECIFIC
A more specif ic  authorization for the use of force, as defined herein, is 
established in Section 40-808 of the T.C.A. (TENNESSEE code a n n o t a t e d), 

t o  v/hich states:
"If, after notice of the intention to arrest the defendant, he either 
flee or forcibly resist, the officer may use all the necessary 
means to effect the arrest."

Accordingly, and consistent with the general interpretation of the provi­
sions or Section 21.271 herein, an off icer may use "reasonable" force to 
overcome resistance to a lawful arrest, whereas, he does not have to 
back down i f  the arrest is  lawful and he can therefore meet force with 
force to effect the arrest.
IMPORTANT: However, as previously stated, a citizen has a legal r igh t to

re s is t  an unlawful arrest.

K

21.273 USE OF FORCE: \^EPARTMENT PQLIC^
rpo^Since the sole purpose lu'i" making an arrest is  to bring the accused per­

son before jud ic ia l authority to be judged, and not to personally punish 
the offender or take such other vindictive actions against a prisoner, 
i t  shall be the p o l ic y o f  the Metropolitan Police Department that each 
member thereof, in making an arrest, will exercise persuasion, advice and 
warning in obtaining cooperation from any arrested person, whenever poss i­
ble and practical, whereas each member w ill use only the minimum degree 
of such physical force as may be reasonable and necessary in making anv 
arrest, and be prepared, at any time, to assert ju st if ica t ion  for the 
use of any physical force before any tribunal or such other agency con­
cerned with ascertaining the ju st if ica t ion  of said force.
IMPORTANT: Except when self-defense or defense of another person is  imme-

nent, a member of the Metropolitan Police Department shall 
’ n ^  resort to the use of DEADLY FORCE unless his probable

unshakablecause to arrest is 
FELONY.

and the offense i s  a SERIOUS
A

O

2 1 . 2 7 4  USE OF FORCE: CONTROL PROVISIONS - GENERAL
Consistent with the general intent of the aforementioned provisions, the 
the general control of the use of force by members of the Department 
shall be accomplished through observance of the following provisions:
(a) A member of the Department w ill  use physical force only when the ex­

ercise of persuasion, advice, and warning is  found to be in su ff ic ien t  
to obtain cooperation and only the minimum degree of such physical 
force deemed reasonable and necessary under any particular situation.

(b) A member of the Department w ill no^ under any circumstances abuse, 
taunt, or othenvise aggravate any person so as to cause unnecessary 
use of force.

(c) A member of the Department, upon having to use force, w ill attempt 
to physically restrain a person without injury, u t i l iz in g  those re­
sources available to him and employing such methods and techniques
as authorized and provided through the Department's training program.

(d) A member of the Department, upon having to escalate the degree of 
force, w ill exercise care commensurate with the r isk  associated with 
the use of such tools, weapons, and such other instruments available



practical, employ the following

defensive tactics, "come-

Mace or such other aerosal gas as may be au-

(e)

(f)

to him, and whenever possible and 
precedence or order of force:
(1) Use of hands and/or arms —  u t i l iz in g  

a long" holds, etc.
(2) Use of Chemical 

thorized;
(3) Use of the Police Baton;
(4) Use of Firearms —  but ONLY as a last resort in accordance 

with the conditions and circumstances provided herein.
A member of the Department, in making an arrest, either v/ith or 
out a warrant, may break open any outer or inner door or window 
a dwelling-house or other structure, provided:
(1) he has identified himself and stated his authority and purpose’
(2) he has been refused admittance; ’
(3) there is no alternative means readily available to secure the 

arrest except to enter such place by force.
IMPORTANT: I f  announcing his presence would endanger the member's

l i fe  such announcement is  not required.
Deadly force w ill only be used as a la st  resort, which means other 
reasonable means have fa iled or would appear futile .

with-
of

3

2 1 . 2 7 6
(a)

(b)

%

Vzadlij fo/Lcz

DEADLY FORCE: DEFINED (Rev. 1-19-77)
Consistent with the most recent pronouncements of Constitutional 
Statutory, and Judicial authority, and for the administrative pur- 
pose of the Metropolitan Police Department, VzadZy foA.ce shall be 
defined a s . .... ôacc A.exn>ombly CKpcctcd to came death ofi 
QAecut bodlty luvun".
Deadly force, as defined, generally includes the f ir in g  of a f ire -  

' ists^'^^*^ though no intent to k i l l  or in f l i c t  great bodily harm ex-

IMPORTANT: In no instance, w ill deadly force be used to effect an
arrest for a serious felony except as a last resort; 
which means that all other reasonable means have fa iled 
or would appear fu t ile .

deadly FORCE: CONTROL PROVISIONS - GENERAL (kpv i-iQ-77i
aforementioned provisions, a member of the Metropoli-

rirnmici-a^ Department may use 'deadly force" under such conditions and 
circumstances as hereinafter prescribed:
(a) In leaking an arrest -- whenever, he has probable cause to believe 

tnat the person has committed a serious fe lony, and a ll other rea- 
sonable means of effecting the arrest have failed, or would appear

IMPORTANT: The term Se r io u s  felony" shall include the cormiission,
or attempt to commit, the following offenses: MURDER 
ROBB^Y, RAPE, BURGLARY, ARSON, KIDNAPPING, ESCAPING*

ESCAPE) WHEN IN CUSTODY FOR THE COMMISSION 
PR0PERTY°^^’ USE OF EXPLOSIVES TO INJURE PERSONS OR

whenever he has reason to believe that such

oranoJhe?"persoi;!
IMPORTANT: Whenever a member feels that there is  a substantial r isk

1 2 8 § _
T T T s

(b)



that the person w ill cause death or serious bodily harm, he 
should make reasonable attempts to seek aid and assistance, 
and take such precaution as deemed reasonably necessary to 
secure the safety of bystanders and other such persons un­
der the existing circumstances, thereby making every effort 
to avoid a confrontation which would require the immediate 
use of deadly force, until such time as assistance might be 
available.

2 1 . 2 7 S  DEADLY FORCE: CONTROL PROVISIONS - SPECIFIC (Rev. 1-19-77)

the

(b)

(c)

Specific restr ic t ions on the use of deadly force are as follows:
(a) No firearms shall be used in the apprehension of misdemeanants, since 

value of human l i fe  far outweighs the gravity of a misdemeanor.
No member of the Department shall use deadly force on mere suspicion that 
a crime, no matter how serious, has been committed, or that the person 
being pursued committed the crime.
IMPORTANT: The member must have suff ic ient information to know, as a

reasonable certainty that a crime has in fact been committed, 
and that the person to be arrested committed the crime for 
which deadly force might be ju st if ied .

No member of the Department shall f ire  a firearm at a felony suspect when 
lesser force can be used, particulary when there is reason to believe 
that the suspect can be apprehended at a time soon thereafter without the 
use of deadly force, or when there is apparent danger to innocent bystand­
ers.
IMPORTANT: Although the requirement of using lesser force when possible

as a general legal rule, the other lim itations are based upon 
sound public policy, namely to r is k  the l i fe  of innocent 
persons for the purpose of apprehending a suspect cannot be 
ju st if ied .  The courts and society i t s e l f  generally place a 
greater value on human l i fe  than the value placed on the 

» apprehension and prosecution of persons involved in the com­
mission of crimes against property only.

2J.279 DEADLY FORCE: LEGAL GUIDELINES - COURT DECISIONS
Consistent with the aforementioned provision, various decisions concerning the 
use of "deadly force" have been handed down by the courts, which are as follows: 
(a) LOVE V. BASS, (1921), 145 Tenn. 522,238 S.W. 94, which held:

"an officer cannot be justified in killing a felon either to capture 
him or to prevent his escape, if with diligence and caution he might 
otherwise be taken or held."

LOVE V. BASS, (1921), 145 Tenn. 522,238 S.W. 94, which held:
"the necessity for killing in some cases is a question for the jury

T
|i

0

(b)

under the evidence."
IMPORTANT: This means that whenever "deadly force" is  used, and there is

some question as to whether or not other means of preventing 
the escape could reasonably have been utilized, i t  may be­
come a question for the jury to decide.

(c) JOHNSON V. STATE (1938), 173 Tenn. 134, 114 S.W. 2d 819, which held:
"this section (T.C.A. Section 40-808) did not authorize the use of' 
firearms to prevent the escape of a person sought to be arrested for 
a misdemeanor."

0
1286

I f



21.2S0
(a)

(b)

3 )

2 1 . 2 t l  
(a)

(b)

(c)

DEADLY FORCE/USE OF FORCE IN GENERAL: REPORT
A member of the Department involved in any incident 1n which the 
"use of force", regardless of the degree, shall be responsible for 
completing mp d Form 108 L U z  0(5 Fo/tce report before the end of his 
tour of duty, and forwarding such a report to his immediate cormian- 
ding off icer or supervisor.
The commanding o ff ice r  or supervisor of the member so reporting the 
"use of force" shall be responsible for reviewing the report for 
completeness, signing i t ,  and causing i t  to be in the Office of the 
Chief of Police without any undue delay.
(No copies of the report w ill be made, only the Chief of Police w ill 
determine any. further action or d istribution of said report). 

IMPORTANT: Dependent upon current policy set forth by the Chief of
Police, i t  may not be necessary to complete such reports 
when very minimal force is used, wherein no weapon or 
other means of escalated force is  used, and no injury 
results. Such a decision may be le ft  to the discretion 
of the member's commanding o ff icer or supervisor. How­
ever, such reports w il l ,  at a ll times, be completed 
whenever any degree of injury results from any means of 
escalated force, or Whenever any firearm is  used - with 
or without injury.

DEADLY FORCE/USE OF FORCE IN GENERAL: INVESTIGATIONS
Whenever any member of the Metropolitan Police Department uses any 
force which results in the death of a person, a thorough investiga­
tion of the facts and circumstances w ill be made immediately, usually 
by a Homicide Investigation Unit, unless otherwise directed by the 
Chief of Police.
Any member of the Department so involved in the death of a person 
shall be temporarily relieved from active duty, without loss of pay 
or benefits, pending the results of the aforementioned investigation 
Any member of the Department so involved in the death of a person 
shall makehimself available, at a ll times, for o ff ic ia l  interviews 
only, provide such statements as may be appropriate, refrain from 
discussing the matter with anyone not d irectly associated v/ith the 
investigation it s e l f ,  and be subject to recall to duty at any time.

1 2 8 7

2 1 . 6 5



5 5vrr.Fvit.0N

i C  ' ^OL 5 l.SVFSTir.ATtCN

'. OL 7 50CIAL STUDIF.5 .
u£. VOL 3 P 0 L IC E > R A C T IC £ 3

POLICE DEPARTMENT NEWARK, N. d.

V O L U M E  < L A W  1

0 ? V ” ('CK A. SPINA rO L IC £  C iPECTCR  
O L IV ER  K E L L V  CHIC F OF POL ICE

USE OF FIREAIUMS
The law imji'iMCS a dutv ti> o:-p!,.v EXTHAOIl iJl .WiiY CAiU’. in the use of firearms and nolicen-.cn 
arc not excepted from llic s t r ic t  rule of accountabil i tv for ' \ \ N f  OF I'ATHAOH UIN X H V C\HF1 
The police use of f irearms is  advi sed ly  limited to those  c i rcums tances  indicated on the ske le t a l  
chart below.

c i r c u m s t a n c e s
s u s

u»sc
P E C T E O  
E M C A S O R

KNOWN
M lS O E M fA N O R

S U S P E C T E D
f e l o n y

KNOWN 
P E L O N Y

ASS. 1 R G A S O M AN5, R E A S O N A N  S. 1 HEA50M A N  5. 1 R S a s O N

f l e e i n g  o f f e n d e r NO 1 NO 1 NQ 2 Y E S 2
E S C A P IN G  O F E E N O E R NO 1 NO 1 NO 2 Y E S 2
R E S IS T IN G  O F P E N O E R Y E S 3 Y E S 3 Y E S 3 Y E S 3
S E L F  D E F E N S E Y E S 4 Y E S 4 Y E S 4 y e s 4

W ARN ING  SHOTS NO S NO S NO 5 Y E S S
MOVING- V E H I C L E — NO 6 _,NO. ... ...... -  6 ____ ___ Np_, ______ .6------ ___NO 6

1. Officer has  NO t U C I i r  to shoot  at or kill one who f lees  to e s ca pe  or avoid arrest  for a misde ­
meanor (or l e s so r  offense)  even though there be no other way to apprehend him. If an officer  shoo ts  
f leeing misdemeanant  he will be cr iminally and civil ly l iable .  (If an officer over takes  misdemeap-  
ant and meets  with phys ica l  r e s i s t a n c e  then paracraph 3 app l i e s . )  ___ _____

I

2. Officer may shoot  at one who.  to the PERSONAL KNOITLEnCE OF TH E O F F IC E R *  has  
ACTUALLY committed a fclonv,  a s  defined at common law*, or a high misdemeanor ecpualablc to a 
common law felony,  or s ta tulorv kidnapping,  AND THERE IS NO OTHER WAY OF A PP R E H E N D ­
ING HIM. Sec under l ined s e n t en c es  in pa r agraph '3.

3. If officer meet s  with phys ica l  r e s i s t ance  m ct lectini i  a lawful .irrcst he need not r et rea t  but n a v  
use  such force a s  is rcason. ibly apparent ly necessa ry  to overcome the r e s i s t ance  and if such 
force unavoidably r e su l t s  in death of the offender the homicide is  just i f ied.  1 he officer is r e spon ­
sible cr iminallv and c ixillv iur use o f any e xcess ive  force,  or for wanton abuse of d i s c re t ion in 
delcrtiiining amount of force r easonab ly  required to affect  a r res t .  Whether or not there is e x c e s ­
s ive force or abuse  of d isc re t ion  is a jury quest ion.  ” "

I
1. Onlv when other  means  have fai led or would fail and officer  REASON'AHLY HFf lEVP*? IT TO 
m: NKCKSSARY TO P RE SER NE  IHS LIF E.  OR OTHERS.  OR P R O T E C T  IHMSF.LiL OR OTHERS 
FROM SERIOUS UODIL) HARAl. See underl ined se n te nc es  in Parnitraph 3.

■ >. Warning shot s  are ALWAA.S f lRF.D AT OWN RI.SK bec ause  officer  is pcrsonnllv r e sponsib le  
for such negl igence as  r e su l t s  in injury to anyone.  Whether or not there is negl igence is u jury 
ques t ion.  >

6. Mllioiigh an officer  may sho.^i at a moving vehicle  when to 1115 f’ERSONAL KNOWLEDGE* the 
occiipnnt or occupant s  have AC l l 'AI.LY committed a felonv ns  def ined a t  common law. or a high 
misdemeanor  cquatabie  to a common law felony, or s ta tutory kidnapping,  AND THERE IS NO 
0 1  HER WAV OF APPREHENDING HIM OR I HEM. extraordinary care is e s sen t i a l  to protect  the 
non-involvcd.  See the underl ined se n ten c es  in Pnragrnplt 3. C A l ’TlON: F.H.I.  repor ts  r eveal  that 
offenders under the age of lo accouii le l for fi2 percent of auto theft  nrrcsls .  The l.S to 19 \c.ar old 
croup recorded the highcsl  arrest  rate for uuto theft .  About 75 percent  of the ca rs  were s to len  for 
t ranspor tat ion.

Our jiolicy provides more s t r inccnt  re( |uircmenls than does  t!ie l, j\ ...................... ..
.III officer from u criminal charce but personal  knowledge .should fcrlher [irot ict 'hlm'fi  
bili ty and such a policy will be supported by the Courts  and the c i t i zens .

Proli.oble cause** mav
from c i \ i I  lia-

1 2 8 S



i ■ ' ! - ■ I - ■ ' ,1 i.f - v - i  ✓ ‘V  T -V O  V ** -*
, 1 > -  V V ’ . » . • •< ■< • ! ; ^v>̂ X  ̂V

V NEW HAVEN, CCNNECTLCUT GSSIQ
'’ **/ /

A J ^  [Wr€>^
B I A G I O  D i  L i r r o .  CMo» of  f-oilco 
U A n T H O U O M L W  I - . O U l D A .  M j y o r

c ^ 7 T

October 2G, 1971

Ronald D. Krelstcin 
Legal Advisor 
Menphis Police Deoartnent 
128 Adams Avenue 
Memohis, Tenn. 33103

Dear Ronald: - -
I cun very pleased to be able to supoly you v;ith tlie information 
you requested in your letter of October 18, 1971.
The use of fireai-ms by police personnel is governed by General 
Order 70-5, enciosed. Although it is self-cxplanatorv, I vo\:ld 
call attention to the report and investigation procedures tliat 
are follov/ed in every firearm discharge case. I believe that 
this helps to reduce the incidence of unwarranted use of firearms.
Our "Rent-a-Cop" situation is somcvdiat different than yours.
State legislation permits the appointment of special constables 
by the local chief*executive officer. In practice, the personnel 
are selected by the chief of police so that we have full cont-rol 
over v.’hich police personnel v;ill carry firearms. We also have 
private guards v;ithout lav; enforcement pov;er. ^If the justification 
and need are present, the chier of police may issue pistol permits 
to them as v;ell. . . .
The disclosure of police information in Wow Haven is handled pursuant 
to Special Order 70-11. Again, I think that the material is self 
explanatory.

•  • •

Sincerely, ' ' .

MARK BERGER 
Legal Advisor

MB/jm i 9 . m



rr.T, S — 1?C!̂ f. • .• 1/ ' >• *.
.-An**' » /'•“ ̂•

r:-̂ npral Orocr !To. 7C--)

R£: Use of fircar'ns

I.- .V̂PUPPQSE .;
The purpose of this order'is* to establish Department policy 
regardin<j the .ese- of firearns-

II. COIsTDM'3’
The obi icy of the View Haven Department of Police ..ervicc is 
that members shall exhaust every other reasonable means o 
aoorchension before resorting to tne use o^ 
off5cers may use firearms only under certain xese^xc^c^, 3 
fiabl'- circumstances. A oolice officer may not aiscpnarge nis 
r{^E^^I^o-^‘r-nr-cEese limited situations Po orficer nas 
the right to'exceed his pov:er but must f
liqht of the circumstances confronumg him and uhe li..>iuc._̂ ions 
of his authority. The follov7ing specific regulations will
apply: ■

SELF-DDFEuSD. An officer is entitled to use deadly force 
when it is necessary to save himself, a citizen^a__br02_ 
ther officeF7~or a_p_risoner jl£Oi^a^^i_or_
Hb'rmu ^Ho^ilibt entitled to use aeaaiy rorc- i-om assaults 
which arc not likely to have serious results.

1.

MISDEyvEA’dAETS. An officer may not use 
effect the arrest or prevent the escap 
has committed a misdemeanor. This res 
infringe upon an officer's right Oi. sc 
he be attacked. clote that using a mot 
ovmer's permission- is a misdemeanor, 
motor vehicles are taken by juveniles 
deadly force is not autnorized agains
APPREKEESION OF SUSPECTED FELONY OFFENDERS. An officer 
will not use deadly force on a person who is called upon 
to halt upon mere suspicion and,- v;ho simply runs av;ay t 
avoid arrest.

deadly force to 
e of a person who 
triction does not 
If-defensc should 
.or vehicle withvfhe 
Rote also that most 
and the use of 
. fleeing juveniles.

Firearms must 
away to cs- 

anccs in
For ei<amolo / 11 an of nicer actually sees

APPREIIEUSION OF KNÔ 'EI FELONY OFFENDERS 
not be discharged at persons v/ho are running av- 
r'.TOrt arrest except under compel ling ci reams tanc 
felony cases.

• J > *



.. o r d e r  70"5

- n-r-on corrait e serious fer.ony Lnne a:^o^hcr yen>oa 
“ uch afi^Sicr. r̂ ffo, -icadly wo>->?y\
robbery v;ith violence, he luay e;.:oot to ^
i'p the offender cannot be apprehended by any otne*. i.̂ c.̂ cn
able .ir.cans.

6.

7.

8.

9.

TLEEIMG JUVE-TILr.S. Tne rurc.-. pertaining ,
are ccuallv applicable to yevenilcs as c. "
be cons^'dcred less dangerous merely because oi hio_^out... 
H^ave?: in the event officers ate purtuing a rleetng 
felon- offendat believed to be a gtvenile, -lU no^
shoot even though the suspect ignore^ ..he o^iicc^ .. Cv̂... 
mends to halt. _ .
DAUGF-SOb-s Ki:-bMS. ta officer nay shoo'g to V.ill a^dtngcr-
ous aninal or one that h-arr.an’.ty -=y:fpy.
•further suffering anc. other aisposa.txcn is c. t
TAPXET PIL\CTICE. An officer nay use his’ firearm for tar­
get practice at an approved range.

DRAMINO or tTEAPOH. The service
from its -nolstor only Vnen t.-.c tse or decdly fotc^ 
both authorized and absolutely necessary.
VJARI-TIInV. s h o t s. I'Jarning shots may be fired, but cnly^in
felony situations v;hcn the application or d .oly^o.^ 
is authorized and all other means or app..en..no-on., ..c..w
failed. . • ■

. 10. .  pnOTECTION OF GENEILAL PUBLp. R e g a r d l e s s  of the nata
of the crime or the legal justar.-.c.Y.’-On -o.- ^
susp-^ct, officers should remember aha a uneir .oaoic -_Co

;■ ponsibilitv is to ojrotec^th^gjAU^^ ° : h
be particijlarly cautions une.i rirrng uncCi conditi . 
that v/ould subject bystanders to possible inju y.

'' fiJear^^Sl^ISairinr;■ i?Kte^
established channels to the Chief of Police. Tne report wi- 
r-nn̂ -ain a comolete description including the ̂ serial number.

. Should an officer lose or have stolen frem him 
• report shall i.ncludo all facts surrounding loss. _
" ^Thenever a firearm is discharged' (er.cept at an approved range), 

the follov;ing procedures will be follov/e.*:  ̂ ■
A. NOTIFICATION AND REPORT BY MEY3ER Il'T/OL\rED.

' 1 Whenever a member discharges his
;• s - - k s o r

1221



c 3
Orc'cr 70-5

ci3 coon as tir.a and circunstanccc permit, but in no 
event later than the completion of his tour of dut-'. 
If a superior officer is not on duty in his Division 
at the time of discharge, the member shall verbaliv" ■ 
notify the ranlcing officer on dut̂ ' in the Department 
at the time.

2. The officer v;ho discliarged his firearm shall file a 
v;ritten report of the incident through established 
channels to the Chief of Police (with a carbon coov 
to his division commander) at the completion of his

■ tour of duty.  ̂ '

3. If the member v;ho discharged his firearm is injured 
or hospitalized during his tour of duty and is, there­
fore, incapable of filing the report required bv oara- 
graph tv:o of this subsection, his supervisor is'res-

• ■■ ponsible for filing as complete a report as possible 
. _ pending further Departraental investigation.

B. Il'JVESTIGATIOI'I 3Y 7i. CO'-DIAND OFFICER

1. Each discharge of firearm^ shall be investiaated 
./•personally by the on-duty supervisory officer of the 

’member involved. If the discharge occurs when there 
• is_no supervisory officer on duty in the division to 

. . •- which the memb-er is assignee, the ranhing command
' • ' *■ officer then on duty shall personally conduct the

. . .--investigation v:hen notified that the discharge of 
^-■firearms has taken place.

thorough investigation of the cir- 
attending the discharge of the firearm.

- 2.;--After conducting.
• ■ ) - cumstances

j-the cozimand of ricer shall submit a detailed written 
• n.report. of the results of his investigation to the
■ • . -7 Chief of Police . through established channels. The

.• -report-shall include the o’nservations and conclusions 
. ' . ■ _ of the command officer as to v/hether’the discharge

--was justified and in^accordance with -this order.
III. REFERE^ICSS ' - * ‘ 7 .T  ’ v"- ' •

This General Order supersedes General'order Number 15 issued 
April 29, 1960.

■'EFFECTIVE DATS: - April 23, 1970

129;
DISTRinUTIOM: ALL

BY ORDER OF

JAI-IES F. AHERM 
Chief of Police



t g e w  ' Y o r k

■ HTrz?iii Gi'Li2. no. i iCi

POLICE DEPATZiSEn:cirf 07 uzj Y07:<
August 2 7, 1973

TO ;iL COi-GLillDS

lubjact; USE 07 FIF.Si\Pi:S DY I'ZIBSjE 0? T:?7 F,̂ .?MIC7. AID EST^ABLISii.ULtTT 
O;? .\vv.i\ T.F.V̂ , FIPTAPilS DI3CEAZ.GS I3VIH7 30AJIDS.

1. Als lau enforcansnt officers st/orr. to protect lite aad propartŷ
CO prevent crina and aporehand effendars, T/a r.ust ba constantly aware
O' Cha sanctity of hunan Ufa. There have bean tra-ic occurrences in t..e
oast whara police officers, acting vrLthin the scope of autnority grantac .
•Lndar the law, have discharged fireams, end because of circu^suancas
beyond thair knowladga or control, ionacant^parsons, including o-nar _
police officars, hava baan killed or injû eu. • -

,2. Tnerafora, the guidalinas listed below hava been da’/aloped iiCT TO ?Z:SIEIC1' 
=icer froc properly perforriLng his duty, but rathar to 
It upon hia to use good • judgnant befora using nis îraa.>-.
!have baen prepared to reduce shooting incidents and consaqueru.1̂
U  lifa and proparty. Daparcnant policy concaming tna use a 
bn' follows: _ •

Every reasonable naans wUl be utilized v.han arresting,^
preventing or teminating a falony or for the derensê oo. ■ 
oneself or another before a polica officer uses his 
in ALJ. C.%SZS, QliLY THE lilbTIiurd AllCUcTT 07 F07.C?; o::.
"•tHICS IS CCilSISTEI-Tr TOT2 ACCO'iiPLISHIIiriiT OF A i-ESSIO!.-..
A fiream shell not be dischar°:ad if the livgs of innocent,
persona nay be endengare'^ , „ • uThe ^̂ r-L-ng of warnin'? shots is prohibitad. A ricoche_<-• 
bullet or poorly aimed shot nay result in deatn or maury
to innocent parsons.  ̂ .Discharging  ̂fiream to sr.rr-oa assistanca is, prcnibi..e ,

b.'

t h r ^ ^ c a  of fleer = s safety is ancar.gered.
ni5̂f.haTgir.g a fiream fron or at a acving vaniclg is 
«■■ ■ ^  ■ m . r  ___ ♦-t-/-k / ^ ^ n o • r  r .pro>n’h-?tad. unless tna occupants of t̂.a otner v^aicla 
ere dpadly physical force against tna officer or
another BY liSAlIS OTEEE TiL̂ I TEE VEHICLE, _
The discharge of a firearm at dogs or otnar anî e-s SL.ou_d

1293



PATROL GUIDE * Hi n I r* tw» >

GEN ERAL REGULATIONS

DATE ISSUED OATE EPFECTIVE . FIEVIS'ON NUMBER11-5-76 11-15-76 76-7 “AGE

104-1

6 of 6

C O U R T E S I E S

( c o n t in u e d )

► * I •
U S E  O F  

F I R E A R M S

r\-‘

o. . Remove hat and stand at attention in office of f’olice 
Commissioner, deputy commissioner or member above rank 
of lieutenant.

7. Order “Attention” when member above nmk of captain 
enters room unless otherwise directed.

8. Place U.S. flag at half-mast as indicated below, when a 
member of the service dies:
a. Lieutenant, sergeant, police officer — on department 

building where assigned on day of funeral.
b. Captain — on department building where assigned 

from time of death to sunset, day of funeral.
c. Deputy inspectors or inspectors — on department 

buddings within his commarid from time of deatli to 
sunset, day of funeral; flag at Police Headquarters will 
fly at half-staff on day of funeral.

d. Member killed in line of duty — on department 
building where member assigned from time of death to 
ten days after death; flag will fly at half-mast on all 
department buildings on day of the funeral.

e. Other members. Police Commissioner or a deputy 
commissioner — as directed by the Police 
Commissioner or Chief of Operations.

In addition to Penal Law restrictions on the use of deadly phy.sical 
force (See Article 35.00, P.L.), members of the service will adhere 
to the following guidelines concerning the use of firearms:

1. Use all reasonable means before utilizing firearm when 
effecting arrest for or preventing or terminating, a 
felony or defending self or anotlier.

2. Do not fire warning shots.
3. Do not discharge firearm to summon assistance, 

except when safety is endangered.
4. Do not discharge firearm from or at moving vehicle 

unless occupants are using deadly physical force 
against officer or another, by means other than 
vehicle.

5. Do not dLscharge firearm at dogs or other animals 
unless there is no other way to bring animal under 
control.

6. Do not discharge firearm if innocent persons may be 
endangered.

N O T E The above guidelines are not meant to restrict a member in the 
performance of his lawful duty, but are intended to reduce 
shooting incidents and consequently protect life and property. In 
every case, department policy reciuires only the minimum amount 
of force be used consistent with the accomplishment of the 
mission.

1 2 9 4
NEW YORK CITY POLICE DEPARTMENT



CITY OF OAKLAND
i| -

P O L I C E  A D M I N I S T R A T I O N  n U I L D I N C  • 4 5 5  - 7 T H  S T R E E T  • O A K L A N D ,  C A L I F O R N I A  9 4 6 0 7  

Police? Departm ent

September 3 0, 1977

William A. Geller 
Research Director
Chicago Law Enforcement Study Group 
109 N. Dearborn - Suite 303 
Chicago, Illinois 60602
Dear Sir:

I have been referred to you by Janice Bauer of your agency. She 
advises me that you are presently conducting research into the use 
of deadly force by law enforcement personnel. I am enclosing a 
copy of our old shooting policy and an update which is less than a 
month old.

This policy is necessitated (our Chief feels) by the recent case 
Kortum v. Alkire (69 CA 3d 325). I am not an expert on shooting 
policies. My study concerns the review of civilian complaints 
against police officers. I do know that in addition to our recent 
changes, L.A.P. D. has just revised their policy after the Police 
Commission there took note of the high number of officer responsible 
fatalities recently.

I am sorry that this 

Sincerely,

Douglab W. Perez 
Administrative Analyst

DWPrdh

end. 2

can send you. Good luck on your project.

1295



OFFICE OF CHIEF OF POLICE 
OAKLAND POLICE DEPARTMENT

SPECIAL ORDER NO. 3260

TO
SUBJECT 

EFFECTIVE DATE 
TERMINATION DATE

All Personnel
Modification of Firearms Discharge Policy 
30 Aug 77
Upon revision of Departmental General 
Order 60-54, DISCHARGE OF FIREARMS,
K-3 (Rev. 11 Jun 75)

II,

INTRODUCTION
In Kortum v. Alkire (69 C.A. 3d 325) the Court held 
that the word "felony," as used in Penal Code Sections 
196, 197, 835a and 837, refers only to "violent" felonies 
and that the use of deadly force against a felony suspect 
is prohibited unless the felony..."is of the violent 
variety, i.e. a forcible and atrocious one which threatens 
death or' serious bodily harm." Thus, the Court's decision 
serves to prohibit the use of deadly force merely because 
a particular offense constitutes a felony.
Part II of Departmental General Order 60-54 is hereby 
revised, and the following firearms discharge regulations 
are hereby adopted, to bring Departmental policy into 
accord with the decisional law set forth in the subject 
case. All other provisions of the Departmental General 
Order remain in effect.
REGULATIONS
A. Members may discharge firearms in the performance of 

police duties only under the following circumstances:
1. At an approved range
2. When killing seriously injured or dangerous animals 

when other disposition is not practical.
3. When necessary in the defense of their own lives 

or the defense of another person's life when all 
other available means have failed.

1 2 3 6 - ^Page 1 of 2 pages



d e p a r t m e n t a l s p e c i a l o r d e r n o . 3260
OAKLAND POLICE DEPARTMENT

30 Aug 77

II

B.

a.

4. To capture or prevent the escape of a person when 
ALL of the following conditions exist:

The member has reasonable cause to believe 
that the person is committing or has committed 
a violent felony which involves the use of 
deadly force and which threatens or results in 
the death or serious bodily injury of another 
person, and

b.

c.

d.

The person is known or believed to be an adult, 
18 years of age or older, and
The lives of persons not involved in the offense 
will not be endangered by the discharge, and
All other available means of apprehending the 
person have failed.

Firearms shall not be discharged:
1. As a warning.
2. At a person known or believed to be under the age  ̂

of 18, unless necessary in the defense of a member s 
life or the life of another person.

3. In any misdemeanor case.
4 From or at a moving vehicle except when necessary in 

the defense of a member's life or the life of another
person.

5. In any case involving a violation of the California 
Vehicle Code only.

By order of

Hart 
Chief of Police

1 2 9 7

Page 2 of 2 pages



OKLAHOMA CITY 
POLICE DEPARTMENT

OPERATIONS
MANUAL

NUMBER

9.03

SUBJECT ; USE OF FIREARMS BY LAW ENFORCEMENT OFFICERS DATE OF ISSUE 
9-1-75

POLICY

The use of firearms by law enforcement officers is  specif ica lly  authorized 
and limited by Oklahoma State law and is supplemented by Oklahoma City 
Police Department Policy.

The Oklahoma City Police Department will not deviate from the State law 
as a guideline and shall not be more restrictive than the law it se lf ;  
but, under a ll  circumstances, bearing in mind the value of a human l i fe ,  
an officer will exercise the utmost discretion in the use of his weapon. 
The use of a firearm by an officer is not justified i f  an apprehension 
and/or arrest can reasonably be made without violence.

The use of firearms is not just ified to apprehend a fleeing offender 
except as permitted under just ificat ion specified in this policy 
statement.

The use of firearms is not justified when: used to fire a warning shot;
apprehend a misdemeanant, fire at moving or fleeing vehicles when 
only misdemeanor or traffic  offenses have been cormiittcd; the use of 
deadly force constitutes a greater threat to innocent human lives than 
allowing the criminal to escape.

W
T

The police officer is  justified in using his firearm only: in defense
of l i fe  in instances where the suspect is armed and/or making an attempt 
to k i l l  or do great bodily harm, in accordance with 21 O.S. 732,
"Where necessarily committed in retaking felons who have been rescued 
or who have escaped, or when necessarily committed in arresting felons 
fleeing from ju st ice ." NOTE: in this context "necessarily" is defined
as being essential as a last resort,or"when necessarily destroying an 
injured, maimed or vicious animal."

In every instance where a firearm is discharged, (except on firearms 
range) the officer discharging the firearm and his immediate supervisor 
on duty shall submit a detailed written report to the Chief of Police 
and the officers Division Commander. Failure to submit such a report 
will result In disciplinary action.

The rules of firearm safety shall be adhered to at a ll  times including 
while inside the Police Station. Officers are not to unholster their 
weapons unless i t  is necessary for inspection, safety, security, or 
some other valid reason.

A

m

1— e- >' - ’



21 § 721. CRIMES AND PUNISHMENTS 1878

manner such as is prohibited by law or by any 
ordinance of said city or town, in consequence 
whereof any explosion occurs whereby any hu­
man being is killed is guilty of manslaughter in 
the second degree. R.L.1910, § 2330.

C o m p .L aw a  D nk.1887. ! 64C0; C .S.1521. I 1750: S1.1931,
s 2:J3.

J/om icldc C = S 8 , 78.

§ 722. Punishment for manslaughter in the 
second degree.—Every perspn guilty of man­
slaughter in the second degree is punishable by 
imprisonment in the penitentiary not more 
than four years and not less than two years,  ̂or 
by imprisonment in a county jail not exceeding 
one year, or by a fine not exceeding one thou­
sand dollars, or both fine and imprisonment. 
R.L.1910, § 2331.

C o in p .l .a w 3 D ak.1887, i 0161; C.S.1921. { 1751; S t.l9 3 1 , 
i  2231.

E x e ts t iv e  p u n is h m e n t .—D av l3  v. S ta te .  <1 O kI.C r, H I .  
279 I*. 97C.

T h r e e - y e a r  s e n te n c e .—N o w lin  v. S ta te ,  75 O k I.C r. 102. 
128 P  2J  1023.

E x c e t i iv e  lin e .—S m ith  V. S la te .  C r .A p p .. 269 P .2 d  1007.
JiOinicidt

KXCUSAm.K AND JUSTIFIAIU.E HOMICIDE
§ 731. Excusable homicide, what is.—Homi­

cide is excusable in the following cases:
1 When committed by accident and misfor­

tune, in lawfully correcting a child or servant 
or in doing any other lawful act, by lawful 
means, with usual .and ordin.ary caution, and 
without any unlawful intent.

i  When committed by accident and misfor­
tune in the heat of passion, upon any sudden 
and sufficient provocation, or upon a sudden 
combat provided that no undue advantage is 
taken, nor any dangerous weapon used, and 
that the killing is not done in a cruel or un­
usual manner. R.L.1910, § 2332.

C o m p .L a w i D ak.1887. i  6162; C .S.1921. i  1752; S t.l931 .
I 223S.

C o n s t r u c t io n  a n d  a P P U c . tt lo n .— M r a . l  v. S In t e .  65 O k L C r .
86 83 r  2d t o t :  .lo lm .-on  v. S ta te ,  59 P . - d  156. G u u n ce  
S i'a te . 22 O kI.C r. 361. 211 P . 517.

K illln i: to  p re v e n t  fe lo n y  is n o t J u s tif ia b le  if  th e  fe lo n y  
i s  a  s e c re t  o n e . o r  u n a c c o m p a n ie d  by  fo rc e , o r  1 It d o cs  
n o t In v o lv e  s e c u r i ty  o f p e rs o n  o r  h o m e , o r  c o n im ls s lo n  of 
th e  fe lo n y  Is p ro ld c m a tlc a l  o r  re m o te .  M a m m a n o  a . 
S ta te ,  O k I.C r.. 333 P .2 d  602.

• •M is fo r tu n e "  w ith in  s t a t u t e .  J o h n s o n  v . S ta te ,  59 O kl. 
C r. 253. 58 P .2d  156. ,  „

P a s s io n  a n d  p ro v o c a tio n .— C ap te s  v . S ta te ,  „ O kI.C r. 
•J9 104 P  493. 26 L».U A ..N .S ., 1033. _ -w

A n g e r — M o rn s  v. T e r r i to r y .  1 O kI.C r. C l.,  99 P . <C0,

"yuOr;"ŝlon"o?''i.sue°s'‘âdhn̂Vr-ûfiô 
’ ^n‘l^ ;u 'i? io n ;^ A ^ U m s ^ • .” J t a t e .  C r .A p p .. 228 P .2 d  195.
Jiont̂cidc
§ 732. Justifiable homicide by officer.—Homi­

cide is'justifiable when committed by public 
officers and those acting by their command m 
their aid and assistance, either;

1. In obedience to any judgment of a compe­
tent court; or.

When necessarily committed in overcom-

legal process, or to the discharge of any other 
legal duty: or,

3 When necessarily committed in rct.aking 
felons who have been rescued, or who,have es­
caped. or when necessarily committed in ar­
resting felons fleeing from justice. R.L.1910, § 
2333

C o m p .L a w s  D ak.1887. I 6463; C .S.1921. ! 1753: S1.193I.
1 2236.

S e lf - d e f e n s e ,—G a u n c e  v. S ta te ,  22 O kI.C r. 361. 211 P .  _ 

P e t i t  o f fe n s e , k lU in a  w h ile  fle e in g .—C o ffey  v. S ta t e ,  38

^ A r r e s t ,  k illin g  in a t t e m p t  to  D iake.— V a u p h n  v. S la te ,  
K4 ow l C r  69 14 P  2d 239; N o w lin  v. S ta te ,  62 O kJ.C r.
169. 3 P  5d 916: C o ffey  ^ S ta le .  38 O kI.C r 91. 268 P . 923; 
E x  p a r te  F in n e y . 21 O kI.C r. 103, 205 P . 197* , . . t7*h »

'^ E x c u sa b le  h o m ic id e '*  and  ju s t i f ia b le  h o m ic id e .— E llx  
y. S ta le .  77 O k I.C r. 46, 138 P .2 d  139.
J/omicidc
§ 733. Justifiable homicide by any person.— 

Homicide is also justifiable when committed by 
any person in either of the following cases.

1. When resisting any attempt to murder 
such person, or to commit any felony upon hini, 
or upon or in any dwelling house in which such 
person is; or,

2. When committed in the lawful defense of 
such person, or of his or her husband, wife,- 
parent, child, master, mistress, or servant, 
when there is a reasonable ground to appre­
hend a design to commit a felony, or to do some 
great personal injury, and imminent danger oi 
such design being accomplished , or.

When necc.'tsarily committed
nVl ■

ing
>v nun ........ - -

actual resistance to the execution of some

inWby lawful ways and means, to apprehend . 
any person for any felony committed; or in 
lawfully suppressing any not; or in lawfully 
keeping and preserving the peace. R.L.IJIO, S
^ C ^ o m p .L aw a  D ak .1887 . ! 6464; C .S.1921. I 1754; St.1931.

’ c i ” i t r u e t lo n  a n d
b e  r e a d  a s  • •m is tre s s  o r  s e r v a n t  . H a in e s  v. S ta te .  <-r. 
A p p .. 275 P .2 d  347.

" G r e a t  p e rs o n a l  In ju r v ."  w ith in  s ta t u te .  R o d d le  ■r.
S t& tc. 19 OKJ.Cr. 63, 198 x ^ 3 4 ,..  itf i  78 I* 124*c - i ,  d e f e n s e __W e lls  v. T e r r i to ry .  14 O kl. 436. 7» i
I-e rea  V  S m te .  51 O kI.C r. ISO, 300 P , 428: S h o r t  v .S la te .

C r . m ^  lV 2d 90  ̂ m  p . 2 d ^ h 6 i ' \ v l ! s o n ’v .‘ s ? a ? i .  96 O kl.

k t  J^S °‘‘62^ 'ok 'lX 'r. 167^ 70‘ p . 2d cf
O kl C r. i n .  296 ! ’• 612; L e m m o n s  v . S ta te .  39 O kI.C r.

A b b v  *?-*“‘s ta te ® '‘7*2 'o k ' l .C r '’ 208 °n4*^  P .2 d “ '499. V e 'h e io n e

" R e l a t i v e  d e fe n s e  o f . - H a r e  v. S ta le .  68 O k I.C r. 420. 

^ 'H ^ b l l a t lo n .  d e fe n se  o f .—C olloB cnIa v . S ta te .  9 O kI.C r. 

'^ h lo ■ ‘n ^ ^ ■ ^ e"s ^ l^ O  a t t e m p t  to  e o m m l t . - A r m s t r o n e  v .

^  A ce 'id V n taV k lM in o * o / b y s ta n d e r .—P i t tm a n  v . S ta te .  C r. 
A p p .. 272 P .2 d  458.

I 2 9 ; i



■ I 0 - k i l a K o r o a c

/
C) to fire a warning shot. This constitutes a threat or 

crutch in effecting an arrest. The consequences could 
result in the death or injury to innocent bystanders.
This would not nscessarily be excused by the fact that
the officer was legally justified in shooting to aaaomplish 
arrest.

D) to fire at moving or fleeing vehvales where only misdemeanor 
or traffic offenses have been committed.

E )

F)

to fire when only misdemeanor offenses have been committed,

when the use of deadly force constitutes a greater threat 
to innocent human lives than allowing the crzm-unal to escape 
In such circumstances the officer is expected to withhold 
use of firearms for the greater obligation to society. .

W H E N  U S E  O F  T H E  F I R E A R M  I S  J U S T I F I E D :

A.police officer is justified in using his firearm only:

A )

B)

in defense of life (his own or someone else *s) in_ those 
instances where the suspect is armed and/or making an attempt^ 
to kill or do great bodily harm".

in accordance with 21 O.S. 732: '^When necessarily committed 
r>c tnlfing felons who haV3 been rescued or who nave esaaoscT, 

or when necessarily committed in arresting felons fleeing jrom 
justice." NOTE: in tnis context "necessarily^' is defined as 
being ESSENTIAL AS A LAST RESORT).

1. The hazard created by a felon fleeing in a vehicle places 
a demand for- the use of extreme caution on the part of the 
officer with regard to the decision on whether or not to 
fire, since extreme danger may be created for other personi 
Use of firearms is not justified when the attempt to elude 
is the only crime involved. An officer must consider the 
obvious dangers to other persons when firing at a fleeing 
vehicle.

c) when necessarily destroying an injured, maimed or vicious 
anima l .

III. INTENT OF THIS ORDER

The intent of the policy stated in this order is to insure 
a constant awareness of the value of human life, on the part 
of men, who are by virtue of their position given the awesome 
responsibility of instantaneously making life or death judge­
ments in stress situations. It is not enough to simply act

i 3 o n _



Paso 2
CRLME CONTROL DIGEST Augusl 19. 197-1

PASADENA POLICE DEPARTMENT 
ISSUES STATEMENT 

One of the most difficult problems facing 
law enforcement administrators today is the syn­
thesis of the legal justifications for the use of 
deadly force witli the philosophical and moral 
responsibility dictated by our place in today’s 
society.

The legal justifications afforded to peace of­
ficers for the use ot deadly force are far more 
broad than those which progressive law enforce­
ment leaders desire as operational guidelines.

During the past five months, Police Chief 
Robert H McGowan of Pasadena. Calif., and his 
management staff (sergeants and above) have 
struggled with this vital question. As a result of a 
participative effort on the part of the total depart­
ment, the following policy statement was enacted 
by the Pasadena Department for tlie Discliarge of 
Firearms and the Use ot Deadly Force;

As peace officers of the State of California 
and the city of Pasadena, we accept certain 
public trusts and responsibilities Among 
these is an affirmative duty to use that force 
necessary to protect human life. We sli.all 
place greater value on human life than on 
properly interest and will regulate our­
selves accordingly. Firearms shall be re­
moved from holsters only when the officer 
reasonably believes that lie will have to 
discharge the weapon; and it is the policy 
of this department that sworn members 

pA will exhaust every possible means before 
' resorting to the use of deadly force and 

that a firearm shall bo discharged at a sus­
pect only as a Iasi resort with the mtent 
to cause the death of that person and only 

[ \ for self protection or when reasonably 
necessary to prevent the commission of a 

®  felony which -  bv its very nature r- has a 
C, potential result of serious bodily injury or 

death.

SEIZURE SPURS THOUGHTS OF 
NEW FRENCH CONNECTION 

The seizure of S1 L2 million worth of heroin 
concealed in a shipment of simulated antique fur­
niture was announced in New York by tederal 
narcotics agents who described the case as a new 
“French Connection.”

1301

Five persons were arrested and lield in a 
total of S9 million bail after one ot the group 
tried to sell information about the smuggling 
scheme to U.S agents for S400.000.

The drug, 7S kilos said to be 90 percent pure 
and Worth S3 million at the wholesale level alone, 
was actually built into a load of furniture sent 
from France and traced to a Long Island City 
warehouse, officials said.

U.S.-Atty. David G. Tragcr said he was 
deeply concerned over the seizure because it 
showed that the so-called “French Connectibn” 
routes supposedly destroyed a year and a half 
ago were still viable. Trager said that this develop­
ment coupled with the recent decision of the 
Turkish government to allow farmers in that 
country to grow opium poppies again poses a 
problem of greater concern than ever before. ■

Border Patrol

COVERUP RULED OUT IN PROBE
A Justice Department official estimates 

investigators of alleged corruption in the Mc.xi- 
can Border Patrol have completed work on two- 
thirds of the charges and will finish the job 
without any “coverup.”

Alfred Hantman, a criminal division official 
in charge of “Operation Clean Sweep,” said the 
number of alleged incidents of wrongdoing-or 
matters under iirvestigation, reached a high of 
321 in June 1973. Clean Sweep began in May 
1972. “ I think we are through with two-thirds 
of the matters today,” Hantman said in an inter­
view.

Operation Clean Sweep itself came under 
scrutiny of a House government operations 
subcommittee in the course of its own investi­
gation of the Border Patrol corruption, accord­
ing to subcommittee sources.

A Justice Department reorganization of 
Clean Sweep last September led to suspicion 
E t a  coverup was being staged to avoid embar­
rassing high officials who may have been impli­
cated in the corruption, innocently, or other­
wise, the sources said, llantimm said the reor­
ganization consisted of disbanding a team ot 
tliree Immigration and Naturalization .Service

.„--V



„ invalid warrant _  ̂
y. = rm unless-------------  ̂ pursuant to  ̂ . .  j  using it

"*̂ ' ”  ' ... o. or... "r*;”...
^ : r : : . : ; ; ; z = ^ " - - .........7 a Force UiVieiy . u k e l/

?;ct% ^7-5 iooiudes: ___ ,p be arrested.
meaning or - _ i t-̂arn

ore© uir̂ w./ . ..v̂  IS nKe«/ ,
- 1, — •• -.r, ss'Si

a firearm m rn mi l i o t  y

'• w... -  - -  “ -
, , ,  , . r .09 of .  f.fo*o» • '  

riding*

1302



JuOy 30, 1969

O m C S  O F  S U P S H I N i S I i D S S T

GENERAL ORDER NO. UO-69 

TO: ALL OFFICERS

FROM: SUPERINTENDEiTf CF PCLICS

SUBJECT: SHOCTIfiG TO '/.'GUND

PlRPCCE: Any officer at sortieti;iie during his career may be confronted with a
situation in which he is lawfully entitled to shoot at a lavfbreaker and may
have thoughts about whether to shoot to wound or to kill. This order is 
issued to clarify department policy and to help officers resolve such 
questions in their ovm mind,

PCLTCY: It is the general policy of the department that when shooting is^
lawfully and morally necessary, it should be done with a minimum risk to the 
officer or to innocent bystanders under the prevailing circumstances. Recog- 
nir.ing that a professional police officer will not resort to gun-fire unldss 
roroed to do so by the lawbreaker or unless gun-fire is necessary for the 
public's protection (as determined by the conduct of the lawbreaker and de­
fined by state law), concern for the safety of the officer as a public ser­
vant and for the innocent members of the public must take precedence over 
any concern for the safety of the lawbreaker.

PRINCIPLES: The following principles should guide an officer's decision to
shoot to wound instead of to shoot to kill:

1 ) If the officer's or a citizen's life is directly menaced by a 
lawbreaker, especially by a firearm, he should shoot to ki].l
to reduce the chance that the lawbreaker may injure the citizen 
or officer,

2) Vfnile the department will not take disciplinary action against 
an officer who chooses to shoot to wound when sĵ uch shooting is 
justified by law, the department does nob encourage shooting
to wound if there is any appreciable chance of causing injury 
to an innocent bystander or to the officer,

3) Orrioers should keep in mind t’nat under stress it is very 
probable that a shot will mi.ss, and that there is therefore a 
good probability that any shot aimed at legs or arms will miss 
tlie target and may therefore endanger innocent persons by 
ricochet or, by. failing to disable the lawbreaker effectively, 
allow him to kill or injure some person, or to escape and sub­
sequently do an'injury.

City of Peoria
Department of Police

C'L-,
Allen H. Andrews 
Superintendent of Police

AHA:sz 1303



OFFICE OF SUPERINTENDENT

City of Peoria
Department of Poli ce

GENERAL ORDER NO. 161-71* JANUART 9, 197U

TO: ALL PERSONNEL

FROM: SUPERINTENDENT OF POLICE

SUBJECT: INVESTIGATION OF DISCHARGE OF FIREARMS BY PEORIA POLICE
PERSONNEL; WARNING SHOTS PROHIBITED

The following procedure shall be followed in every case where firearms are d is ­
charged accidentally or intentionally by Peoria Police Department personnel, 
other than during an authorized training session, in pursuit of lawful personal 
recreation or while securing physical evidence by crime scene technicians. The 
following procedures shall be followed:

1) Every employee accidentally or intentionally discharging a firearm 
other than in the above circumstances shall forthwith notify the 
Communications Center by radio or by telephone i f  privacy i s  desired.

2) The Corrmunications Center shall forthwith notify the sh if t  lieutenant 
on duty; the sh if t  lieutenant shall notify or cause to be notified  
the Superintendent of Police, the Internal Investigator of the Super­
intendent's Dffice, and the d iv is ion  commander of the person d is ­
charging the firearm.

3) The Internal Investigator o f the Superintendent's Office shall 
forthwith proceed to investigate the circumstances of the discharge 
of the firearm and f i l e  a report at the ear l ie st  time with the Oper­
ations Captain and the affected d iv is ion  commander.

k) The investigative report of the Internal Investigator shall be placed 
by the Operations Captain on the agenda of the next captains meeting 
for review by the d iv is ion  commanders.

5) A written summary of the d isc ip l inary  or commendation recommendations, 
i f  any, of the captains meeting shall be provided to the person who 
discharged the firearm, and the report and the copy of the captains' 
summary w ill  be placed in the personnel f i l e  of that employee.

1 2 0 1



General Order No. 16 1-7 U

6) The standard o f evaluation used by the captains meeting sha l l  be 
the prov is ion s  o f  A r t i c le  I I I ,  Sections E and I  o f  the Manual of  
Rules and Chapter 38, A r t i c le  V I I ,  Section 7-1 through 7-9 o f  the 
I l l i n o i s  Revised Sta tutes.

7) Warning shots are prohib ited  unless  f i re d  to prevent or stop v io ­
lence which the o f f i c e r  intends to le g a l ly  stop by d ire c t  f i r e
at the v io le n t  p a r t ic ip a n t ( s )  i f  the warning shot i s  disregarded,  
and when he would be le g a l ly  correct in k i l l i n g  the v io le n t  par­
t i c i p a n t ' s ) .

A l le n  H. Andrews 
Superintendent o f  P o lice

AHA/bjb

1C03



Tf:£ MSI Or-

•  ̂rolicc-?n cin h:-;vJi9 hi^ fire^r- _ _ _______
GGve 2 rmcGicnl kncvlo:iro cf :hc - 3;'’

n^-.c -o u=o rcrce. \:hiil -.--r 
.-j.n'-z i,;:o lG.j--i 'jLity r.c G;'.rorc-; t;.̂- ’'T -..-L’~

-T~ ’;R-i — - -:‘iL'LLL22.'Ẑ'J- '-’i-- cc-.-.sn zzr.z~r--' -.iu*j. up^jjrstcnuing or his ccrol and Ia£;si res=cnsibiii;-^-3

are_ three inster.ces in v/hich o oolice cr-'i-o__ _
■f- - 2 r.is revolver at another hu.v.an being.' They are; ̂ ...

^  icrinent

2. To protect the li:'e of another; anr aceicr a 
v;ouId take to protect ''-s.->'-' 

a violent assaelt, (that is:"ar. assault R-icR 
-a danger of deatl; or ^reat"* odi > har.n), r.ay also be taker, to p?ctcc~ another. -'r'-'-

'• ;-0-g.Q, gFfor^o_ prevent the coT-i.ssio- o-”
Felonies or'tc prevent the \ e ^ p p — oFa violent felon, but C.TLY ;-A

fA other means have been erhausted.' ------ -
%

third instance, more than the other tv.'o 
thô lawr'̂ '"”"''' sense, and a thorough knov/ledircf'^

1-/ within the frame work of f~-i*.-./, i_...itin,̂ , the use ô  force to f.'O r-.or-"' t'̂ on i i
necessary to bring the arrest to a successful conclusic.A' '̂'' 

I.n situations where vour lirp or th-̂  i ■•'‘'n
p“iv;Lrc“ -„:rf.?:v;r;;; -

" A  r.CA e icrce than is necessary. A ___ ___<r-
^•escalate the use of force” according to the s^tuaRlAA"'*'"

„r O-Ft'icer enters the scone in the — 'a
qF h-tst he has only United ::nc-.R--=̂
O- ohu circumstances; tfierofore ha ■'s rt— •I'l'.ar;

The ^nfcrmat^rt?^"^a°A” -  
^oososses 13 tnc critical factor. The wid-^ MrvTZRU.^-' 
^..a.be.^er arc hi.s chance:; to cooe succcssfu'1-- • ’

sot all the inforn.3‘i;.;A-,^c;nr*t--,
' -- ''-oecssary to ccr.e to a caci.nicn o.n wh'-'t”'’ 

hinsUf'or"'otlArsf^'’̂ "̂''’"' e.-.da.nger

- . 1 -

•.iih J'j in?:ilT

1308



v o ; ; . T . ; . I f  t i r r .e  t o  c v . - l ' j a “-e  u'r.e s i i v o t i c r .  \ . - z z r . : ‘j . t  
■ . '^ V ^  - v i-; : -.-.::.;  t o  c r . r . j c c 3 o r . : 'y  .••,.;.cr. I : '  c o v e r  i s

'  "  s s : ;  i l .  C o v e r  w i l l  a i i o r u  p r c o c c t - i o r ^  a r d  a l l o ^ ;
:',a s o  d e t c i v i i e a  w h n d  w c f - i c r i  s h o e l d  d o  s o l o : ;  a ; : -

cv
dho criioor cr od;..rn t o  injrry. C 'r . t '. l . o r . y o  ycur

d s i d i d n  u r c c c r l y ,  c l c n r l y ,  ’ i . r d  ' ' i r : . : i v .  i r o n d
*■ ^

-r.:l *..’hiio you ti'ic i.--*;’ccn t o  : l o .

D r i i - 3 n r .5 i*.

A p o l i c e  c f r i c o r  i s  c l c c r l y  j u 3 t . i r i c d  i n  c i c c ^ ^ l *
f o r e s  ■ ;r.cri i d  i s  r o c e s s a r y  t o  s a v e  h i r . s e i f ,  a c i t t s i i r ,  c r  
a r - ' i ' - o - S "  f ’-o.r. d s o t h  o r  f r a v e  b o d i l y  h a r r . .  p o l a c 3 . . : - n  
i s *  n o d  j ' j s t i i i a d  i n  t a k i i w -  l i f e ,  c n c e p t  w h e n  t h e  a s s a u i t  
i s  S O  v i o l e n t  a s  t o  p u t  t h e n  i n  d a n g e r  o i  c i e a c k  o r  ^

b o d i l y  h a r r . .

F l e e i r.;  o r  E s c a o i r . -  O f f e n d e r s
•• .

1 .  M i s d c . T . g f . n o r s

V.l".en 3 r n i s d o r n s e n a n t  f l e e s  a r r e s o  o r  c u s ^ - o d y  , 
c c l ’ c e  u s e  o f  d e a c l i y  f o r c e  i s  u n . - ^ s r r a n- . V-___

t h e

--7 ..
s u c h  c a s e s ,  v a l u e  o f  h vjr.an -i-i- ^  7^  c o r .3 j.*,e. 3C 

, t o  s u c a r s s c e  t h e  i r n p o r ' t a n c s  d l  i r - t e d i a ^ . p  a p p r e h e n -  

“r  s ^ ~  “

T h e  P e n n s y l v a n i a  S u p r s r a e  C o u r t  s t a t e s ;

'■ V. 'here a  n i s d e r . i s a n o r  h a s  b e e r ,  c o n n i t t e d ^ a n d  i s  
c h a r s e d  i n  3 w a r r a n t ,  f l i g n t  f r o . n  a n  o . . i i c e ~  
e v e n  a f t e r  a c t u a l  c a p t u r e  a n d  cu s tom . */ ,  t a - 2' e  
S a v i n . ' '  b e e n  n o • c o n v i c t i o n , i v i l l  n o t  j u p t i x y  t h e  
u s e  o f  a d e a d l y  w e u p e n  . .  • A n  o f f i c e .  .n.^s n o  
r i  * h t  t o  s i ' . o o t  a po.’' s o n  w h o  i s  n e r c l y  r u n n i n g  
av. 'Uv f r o n  ! i ia i  w i t h o u t  c o r r u t i t t i n g  a n y  t i o i c n c — , 
w h e n  u n d e r  a r r e s t  o r  t o  a v o i d  a r r e s t  f o .  
d s n e a n o r .  tie r . u s t  s t o p  s h o r t  o f  f o r c e  w h i c n  
e i g h t  r e s u l t  i n  t h e  t a k i n g  o i  h u n a n  l i i C .

1

I -rf

--I-S  •

Felen-.*-
'•.■hen-3 felon flees arrest, the policenan is laced vn.tn 
a  difficult d.aoision. Generally the la’w perDits 

■ '  use c f  deadlv force against any fleeing *eion — '  O i.-u i..
r 3.;30':a 3'lF k±A:iS h a v e f a i l e d ".
The -0.33 of deadlyforeje _to apprchcn^'lac-ir.g
r.-jinf he ~̂ cr,r..3ved w-ith__tjio_:n^u3ribri. Cer..ai.n xOionieo 
.-.'=?ryrrr.;'rrrv7;si.-Vic lent, ci;cppj.e;;: sc'-iOn:., cer.._in
, ~  — r , n v ' ? parg'.iry, larca.ny,b l a c . a f x  * s , c o n s p i r a c y  t o  a r r e  _ , .. . .  -̂-----
e t c .  T h e r e t ' c ' . ' c ,  t h e  u. ' ic  o f  d y a d l y  l o r ' C e  i n  t r . e

- 2 -

vh.it; IN pccDV liPiviA

1307



I.

A-- , (y’l .

othpr nor.-violonr. felonies iG__prohibitcd̂ ^̂ ^̂
£-:I by decertnent policy.

iV.'e rcsiriC'C the definition of a__folon to a person -.-■ho 
j hot cciiiiitted s serices crjre. T.:iq_r. is, _an set ■.;.nicr. 
i is evil in itself, such ns rapt- by force, r.prd-tr,
; arret rcbb:ry, nssnult -..-ith intent to kill by^nr.e.^ot 

'/ stich ce.'es, an ciiicor tiny use his v.-encen -o re..-.-,
an os ;aoin.'':; felon but '-'only v;nen a n  otner nsans = 
bs 371 (:f'.a jstod" and j.'hen tiie lives cz in.tcccn^  oeoo-s 
’..'ill r.ot be ■ieopai’.li-JeH by t.he oi'i'icer's a'ctio.~î .

I Eoadlv force can only be used v.-hero the officer 
' the at'lit felon has cernitted a .violent crire ane. t.ne 
' only after all other reasonable r.eans nave lailed.

%

rN

-iW' ______ _
1 TTT.'/7̂  f I.'ever shoot at a fleeing perso.n who is ̂ rerely sus_- = --- 

' Q-r-b— — TeTch:— rt-rs-b̂ t-rd'r-a-p-s-rgbn cnarged or 
; s'̂ T̂̂ êcIcd̂ ci’̂ ^^iriv offcnso_e’scaoe than have nis 
1 irfe"'torninatcd; espocTally v/heri"it is probable that 
; )is~;ill be 'arrested at a laser date.

3. Ssenres . ■

r.

f

T'nt- policeran nav use the sa.ee amount oi xorce necvo.'—- j 
to prevent an escape as he would be authorised oO u.- 

. in iiahing the original arrest.
Tt .must be stressed that a person running av/ay fre.m an 
officer cannot hurt the police.man and therefore, the 
rule (.f self defense is not applicable.

Res: St: ng .irrest
j\ policeican making a legal arrest reay use sufijicient 
force to subdue and confine the prisoner, buô iorcs.iu-. 
action .must be taken v;ith cutrene caution. 0-j,icer.-- 
nust never resort to excessive force.
A policeman attempting to arrest for a misdemeanor !n=y 
I'sb the ninimun a.mount of force necessary to accemplisn 
the arrest. Ke is not justified in taking a life even 
if the arrest can not otherwise be accomplished, e::es:.t, 
whan the resistance is so violent that tne oificsr is 

■ in danger of death or great bodily harm. In this case 
the justification in killing his opponent rests solsly 
v.uon the ground of self doiense.
A policcV.rn is not ju.ttificd in taking life er.c-ept •.nme.m 
tl.e assault is so violent as to nut hir. in cangsr oi

-3-
ro;:’? ffcp?

1308

L.



V\‘.

(
dc.?;h or bodii;.' inr.':;.
."rvi:;-: Vg';'. ir’_c_3

? c l i c G - G ! ;  :\v.-r. ?:0T 3;:00: or Ivor?, z.ooinr; v e h i c l e s ,
;vc:i orir.?. /i;;d ciI'CGr.i'-criGGr: iozziry zr.z
;;:;o of :: V/o ■■nr\: in a dor.zr-ly pop:.:iodc;c;
ori-f; vfn.ic:- rc-'uiroG c.'mcc zczv.rncy of punfirc. 'ir.2n 
a •,v33ccn :.i-. fired at or fren a rjovin̂  vcnicle tf.e 
chancG ci hitting a spacific target is not geed and 
you TZ3'/ hit an innocent parson.

6. Juvenile Oi.Condors
There is no legal distinction in the use of desdly 
force against juveniles. The only diifere.nce is 
morally and departr.e.ntally. Officers :;avc the pre­
rogative to v.’ithiiold their fire in esses involving 
kncv.Ti or suspected juvenile offenders. A policensn 
must rer.ier.ber that the hilling or shooting of a _ 
younsster is considei'od repulsive to the cenarunity 
and that most juveniles (except n-urderers) can c.nly 
be convicted of Juvenile Delinquency. ;

/

The deoart.T.ent's regulation permits a policeman to \ 
use deadly force only in self defense or to preve.nt j 
a violent felony.

oach time
7. V.'arnint Sh.ots

A noliceman .'IIY r.'SVSTv fire v:arnin.g shots 
arirdTr51TT.frrxT.res his \,-eapon, )-.e risks the v.-ounding 
or Icilling of r.n innocent bystander.
A gun should never bo fired over someo.ne's head merely 
to^frighton a suspoct into submitting to arrest. The 
revolver is not to be considered a crutch or a scare 
v.'eaecrx. Gncc you have decided to fire the v.*eapon, - you 
must be prepared to take the ultimata respor.sibiiity 
of 'inflicting death.

?.esconsibility for using a v;eapon involves judgment in the 
evaluation of" a situation, requiring^the policeman to v;aigh 
v;hich of tv.'o solutions are the best for the problem lacing 
}iim-at the momenr,. The following points must be kept in 
mind before deciding "to shoot";

1. The importance of life.
2. The nrotection of one's seif from imminent 

peril ox life or great bodily harm. Tha
■ - X -

TiiD;: :ccdT do::’T S'.:cqv

-K!

I30n



circ'.;:isr nnc.’3 xur-* bo 3;;;'!': cier.b to j’jscif/ 
t;;o ;:o tei'.'i'. V cf : li:'c to 3nvo ono's
soil trc.-.i th'j J.-sn.":-'r of do-.th.

Arior oil r:r;yn i'-.-, j /.ro cxhtitntcd, r^r.d
03 0 I,AS7 rose:'"., t.'.o officor troy f30 h i z  
iir|COitn to prtt.-ct btasolf, to provsp.t o 
citicen ire:.-, boir.f the victi.t of 0 %*iolort 
crit;2 or tc aptrc/'.or.j 3 foion -;riO has cct:- 
nittod a vioiont crirta. Tho circu.ostsr.cas 
of the situation v;ill dictate the officer’s 
action.

U. -WHEN I!! D0U3T 

5
DOh'T SHOOT.

Vi'hat actual crir.e do you knov the fleeing 
oerson has cc.T.-aitted? , .

6. Is your inf creation factual or an e.-taggera- 
tion duo to the excite.tent of the \;itr.ess?

?• Is the r.an fleeing, the criminal v;ho coacnitted 
a crirte?

B . Are these the best possible conditions i.n vfnich 
to shoot?

9 . Is it safe to shoot?

10. . Hov/ good of 

11
shot are you?

Are vou undoi’ a strain fror, running or 
scufflin'?:?

12. VThat arc the lighting conditions? r'

1 3 . Can you see your sights?

The rolics~an r.ust re.oain cool, cain, and realise that 
the firing of his weapon rtust be justified under the 
cprcur.stancos existing at the tl3;o of the shooting.

If P..adio Alams, teletypes, vranted circulars cause the 
approheasion of tlia v.-rong person, it is an easy natter 
to carreot the nistalce, but bullets have a finality 
•i.'hich can not be corrected.

-5-
V;H2?: i’fl’nT DOH'7 sHOO?

1310





LEGAL USE OE FIKEAUMS

cfŷ rpr {.''E'r.v.r rjn;

BEFORE A POLlCEfiAH CAfI LEGALLY AND II1TELL1 GENTLY USE IIIS •- 

FIREARM. HE MUST HAVE A PRACTICAL KNOWLEDGE OF THE • 

PEHNSYLVANIA CRIMES CODE SECTIONS. ESPECIALLY THE LAWS 

GOVERNING HIS RIGHT TO USE DEADLY FORCE. WHILE THE 

POLICEMAN HAS THE DUTY TO ENFORCE THE LAW. HE MUST •

TEMPER THE METHOD OF ENFORCEMENT WITH COMMON SENSE

AND A FULL UNDERSTANDING OF HIS MORAL AND LEGAL RE5POSNIE1LITIES

THERE ARE CERTAIN INSTANCES IN WHICH A POLICE OFFICER MAY 

USE DEADLY FORCE UPON ANOTHER.HUMAN BEIN^. THEY ARE:

TO PROTECT HIMSELF

A POLICEMAN IS JUSTIFIED IN USING DEADLY FORCE WHEN.HE

BELIEVES THAT SUCH FORCE IS NECESSARY TO PREVENT DEATH

OR SERIOUS BODILY INJURY TO HIMSELF. 7
- l

TO PROTFCT THE LIFE OF AWQIHEIL 

A POLICEMAN JS JUSTIFIED IN USING DEADLY FORCE WHEN THE 

LIFE OF ANOTHER IS PLACED IN DANGER OF DEATH OR SERIOUS 

BODILY INJURY.



LEGAL USE OF h lK EAR i iS

i • * i> hvVj<̂ * tt I W'i jO t I j.1

• PAGt 1.

E$CAL!f!G  FORCIBLE  EELQH

DEADLY FORCE HAY ALSO BE USED BY THE O FFICER  VillEH IIL 
BE L IE V ES  M i l  THAT
A. SUCH FORCE IS NECESSARY TO PREVENT THE A R K E S f  FROH 

BEIl'iG DEFEATED BY RESISTANCE OR ESCAPE:
AIID

D. THE PERSON TO BE 'ARRESTED  HAS COHHITTED OR ATTEMPTED 
TO COMMIT A FORCIBLE  FELONY,

OR IS
ATTEMPTING TO ESCAPE AND POSSESSES A DEADLY KEAPON,

OR IS
OTHERHISE INDICATING THAT HE W ILL ENDANGER HUMAN L IF E  
OR IN FL IC T  SERIOUS BODILY INJURY, UNLESS ARRESTED 
WITHOUT DELAY.

( FO RCIBLE  FELONIES  ARE CRIMES WHICH, IN 'T H R IR
V

COMMISSION, NORMALLY INVOLVE A SUBSTANTIAL R I S K 
TO_ L i F E  OR S E R IOUS BO D [LY _ IN JU RY ,  SUGI AS ARMED 
rS eRy7 ~ S rFiBLE RAPEG‘'Sl?DER7~EfcTr'''



LEGAL USE OF FIREARMS
SA:57ML:CVi3I03 FLffJCTiari

FACE 3'

THE DEADLY FORCE USED TO APPREIIEflD THESE TYPE OF FLELK iO  
FELOHS MUST BE INFLUENCED BY AT LEAST TWO FACTORS:

A . THE OFFICER  MUST K  PERSONAM Y THAI A 
FORCIBLE  FELONY HAS BEEN COMMITTED. HE 
CANNOT RELY ON INFORMATION OBTAINED FROM OTNCl'S.

E ,  THE OFFICER  MUST KNOW PFRSOf.'NALY THAT THIS 
ESCAPING PERSON DID COMMIT THAT FORCIBLE  FEIGHY.

THE OMMISSION OF E IJH ER  OR BOTH OF THESE FACTORS LEAVES 
THE O FFIC ER  WITH A SUSPECTED FELON, AN O FFICER  .MU.Sl 
NFVFR SHOOT AT A FLEEING  PERSON WHO IS MERELY SUSPECTED
OF HAVING COMMITTED A FORCIBLE FELONY.

THERE ARE INSTANCES WHEN A POLICE  O FF IC ER .  EVEN THOUGil 
JU S T IF IE D  IN USING DEADLY FORCE. W ILL NOT USE HIS FIREARM 
A SITUATION OF THIS NATURE WOULD BE WP,EN THE USE OF 
THE FIRARM WOULD ENDANGER THE L IV E S  OF INNOCENT PEOPLE.



LEGAL USE OF FIREAWiS

T lm r ;i:STHUCTi3KS f'tifiCTKrJ c .<■■■•■,■'r''.-̂r CO*;.h"; ;■ ‘ ‘~
^ \ t S ^ w W  U t * v . .

THE POINTS TO R E I O T E R  Id  LEGAL USE OF THE FIREARM

SELF  DEFENSE 
ESCAPING FORCIBLE  FELON

DON'T SHOOT FROM OR AT A VEHICLE  
DON'T SHOOT WARNING SHOTS.



■ \ .... --i:; r- - •
• ' \*‘v- X* ' *

' .  - . y  V,' I .

OFFICE OF THE POLICE CHIEF •

Cctobcr 27, 1971

17 SOUTH 2ND AVF.NUt£ PHOENIX, AF̂ IZONA 85003

I’ir. Ronald Krelstcin 
Legal /idvisor 
Me-uiphis Police Departnisnt 
128 Adans Avenue 
Memphis, Tennessee 3S103

Dear Ron:

We received your "xeroxed" lettei* and-as a result, we are sending 
you a lot of "xeroxed" information.

You were correct in assuming that our departmental policy in 
reference to use of firearms is much narrov.'er in scope than our 
state law. Our existing policy and law are enclosed.

Vfe recently had occasion to suspend an officer for a shooting incident 
wherein he acted wdthin the law but outside policy (a fleeing marijuana 
suspect v;as shot). This has caused a lot of discussion about possible 
policy changes, but as of. yet no concrete changes have been formulated.

Maybe San Francisco has the best idea. As you may know, they have no 
written shooting policy.

You might also check with Royce Fincer of the San Jose, California,
Police Department, He has done some work in this area.

In the area of "Rent-a-Cops", we do not have any specific legislation 
covering this; private police are, of course, covered by our concealed' 
-weapons law, and are prohibited from impersonating legitimate police 
officers. (They nay not wear uniforms, badges, etc., similar to sv;orn 
officers). This, plus our normal business licensing requirements, is 
about the extent of oiir control.

Our last session of the Arizona legislature did pass a bill covering 
private investigation services x;hich nay be of some benefit to you. We 
are enclosing a copy of it as well as a copy of an Arizona Department of 
Public Safety (State Police) memo concerning its implementation.

Our legislature in 1970 passed a bill which alla;s criminals, who have been 
good and sei'ved their time on probation, to have their criminal records 
expunged by petition to the proper court,

^  V/



Par.G Two

This is about the only tiling we have in the criuinal history area, and 
we realize that this is not in point with your request, but it nay be 
of some value to you, so we are enclosing a copy of this also.

If you develop some policy or legislative suggestions in these areas, 
please send us a copy.

Yours truly,

toj

1317



I,

I'OUCC
ARTMCNT

: AJ.VSXLXS:

FiRE/a‘'a-:s rcLiCY ORDER
;uo.
r.CU LMJAL

c:'
j. EFFECTIVE DATE

Gonoral Ordor 113, 10-16-67; F.O. Adcin. Inst. 66-12>j;, July 1, 1970 
: surE [JCcDEs: r.6-121. 66-] 2 9 . ---------------•» > V > » <■ IVV-- I-  ̂ > \ J —  I * .  » < >• - -  ■» ••• / ’  _ ■■ ■ --------------

ihdex D ischarge u1‘ V.'eapcms; /jrjaaniticn; I’i s t o l  Rajige; /.oapon 
Ropair; V'capon Rolaccncnt; F iro a r js  Trainiptj.
Rnni accr.cnt of V.'er.nons. ___________— ---------------

PAGE 1 OF A

- p

2.

I

general . ■ . ■
1 Officers of this Department shall exhaust every other .reasonable means of 

apprehin.lon, rastrLnt. or force before resorting to the use of firearns.
2 Officers shall not unnecessarily dray or display any firearm, or carelessly

handle a firearm at any time. The same rules of good judgement appliĉ o.tê  
to the discharge of a veapon shall also apply to the drawing and disp.ti>jn̂  
of a veapon by an officer. . _

3 Ho vnrnin^ shots shall be fired by an officer under any circumst^ces. /oi 
officer who fires a shot to warn, or who otherwise discharges a firearm 
without proper justification, will be subject to disciplinary action.

DISGH/tRGING WEAPONS *
,1 Refer to General Order, Rules of Conduct.
.2 Officers shall not discharge firearms in connection with police activities 

either on or off duty, except under the following circumstances:

(1)

(2)

(3)
U)

At an approved range.
.* * • • •

Killing animals seriously wounded or dangerous, when other disposition 
is impractical.
V/lien authorized by a superior officer.
Int defense, to overcome an attack which could produce great bodily harm 

. or death to the officer or to another person. The firearm, or any 
. other deadly force, should be used only if the officer has no other 
means available to overcome the attacker.
To effect the capture of, or prevent the escape or rescue of, a person 

^  whom the officer knows has committed a felony, with the following 1 |
tatlons: j
The crime for which the arrest is sought involves conduct including the 
use or threatened use of deadly force, there is substanti.nl risk
that the person whoso arrest is sought will causa death or serious 
bodily harm if hla apprehension is delayed.

1318
T T i r r r



i 2, DISCHAROIL'C- V/EIAPÔ S (continued)

r (.'Ri';.:!'
i' r:o. r

rj
.-JCC.iX̂tV

. tiFi liCTIVu D.MII
July 1. 1970

* The fircans shall not be used under any conditions whore innocent by­
standers are likely to be Injured or killed.
The officer shall not shoot unless all othor available ineajis to effect 
the capture of the felon have been exhausted.
When it is necessary to 'shoot a fleeing felon, the- officer shall aim to 
nttoinpt to wound in the logs so as to disable and not kill.

.1 Any officer who discharges a firearm accidentally or intentionally while per­
forming a police function, either on or off duty, shall make a verbal report 
to his supervising officer as soon as circumstances will permit, and a 
written report as soon as possible.

3 . Al-fMIJHTTIOM

.3 Weapons will be carried fully loaded at al'' times v;ith Department-Tissue, 
factory-loaded .3̂  caliber ammunition, or as outlined in General Order - 
Uniform Regulations. Twelve rounds vjill be kept in the cartridge case.

.2 Ammunition will be re-issued \;hen cartridges have been lost, expended, or 
as required.

ii. PISTOL RANGE
.1 The use of the Police Pistol Range is restricted to officers of the Depart­

ment and those persons and/or organizations approved by the Police Chief.
.2 The Range will be open for regularly scheduled pistol practice on designated 

days of each month, September through June. All officers, with the excep­
tion of those excused by the Police Chief, will be required to qualify with 
a score of 65 or bettor every other month. Any officer who fails to qualify 
will be required to continue supervised training on his ovjn time, at the 
time set by the Rangemaster, until he qualifies.

.3 Unsujiorvisod practice will not be perraicted. If a weapon needs testing or 
sighting-in, ajmnunition will be signed out and used under the direction of 
Range personnel. •

• A The Rangemaster shall publish rules-governing firearm practices and safety 
procedures, subject to the approval of the Police Chief, which v/ill be 
postoci nt the Range, and all personnel, will comply. Safety, accuracy, and 
correct techniques and responses are the goals of firearm training.

a

131^̂
I I I umT»rii ■



OUDI-R o

j 4. PISTOL RA.MGS (continuod) 
)
!

Ho. c;
EI-TliCTlV::; OATE

July 1, 1970
—  I j "II ^  > u  11 ■  111 n  ~ ~ “ ti • t i - .

a*

.5 Accoys to the roloadlng area shall be linited to Range omployees, trusties 
assigned to reloading tasks, and superior officers engaged in supervisory 
duties.

.6 No reloaded anraunition shall be removed frora the_Police Range.

.7 Armunition issued for the-purposes of recruit training, supervised quali­
fication or demonstration viill be signed for by the officei receiving ohe 
ainnrunition.

REPAIR AMD CLEAIilMO OF VgAP0!!S
K

.1 No officer shall repair, blue, modify, or do any other work on a Department- 
owned firearm except to clean it, change the handgrips, or add a trigger 
shoo, nor shall an, officer allow anyone other than the Rangenaster to do' 
any work on a Department—issued firearm. No officer shall disassemble,

. remove parts, or take off the side plates of any Department-owned firearm 
in order to clean it.

*.2 V/e.apbns in need of minor repair will bo repaired by the Rangomaster immed- 
• lately.

,3 Weapons in need of major repair will be turned in to the Central Supply  ̂ ^
Room, each accompanied by a memo in quadruplicate listing a description oi ^
the weapon and serial number, with information as to how the weapon >-jas ,
damaged and/or repairs to be made. This request must be authorized by the
signature of a Lieutenant or officer of higher rank, and a replacement ^
voapon will be issued by,Central Supply. , (

i

.A Weapons which need re-bluing will be turned in to the Central Supply Room  ̂
during normal business hours, and a replacement issued. |

f
.5 Shotguns and riot guns that have been discharged will be taken to the Range , 

as soon as possible for cleaning. . |

.6 Officers will not clean, repair, or load firearms in police buildings, ^
except those at the Police Range, or when so ordered by a superior officer.? 
Emergency weapons checked out will be examined by a supervisor before i-hej u 
. are returned to storage.

6. replacp:mf.nt oi'* weapons
I

;1 Requests for the replacement of a weapon during normal business hours, !
Kondaj' through Friday, 8 AM to 5 PM, v/ill be submitted in quadruplicauo, ^
through channels, to the Bureau Commander.’ In the memo a description and j 
the serial, number of the weapon will be included, arid ohe reason for ic- 
questing replacement. VJhen the request has been authorized by a LieuteiiOn̂ .: 
or officer of higher rank, a replacement vjill bo issued by the Central
Supply Room. 132(1 '  ’E



: Gi::;IPIAL
; OR I.Bli 0
; !«’o. G

; tn - CCT1V2 DAT
j
i Ju ly 1 ,

P.M

HV:ri,Ar.F.l'Iv!T O!’’ '.■.'KAPGNS (contirmed)

.2 V/eapons needing replRcoraent at other thaji nornal business liourn must be 
requested tlirough channels, as above, and authorized in the same manner. 
The replacement will be issued by the Patrol Bureau Shift Commander from 
the Central Supply Room.

1321
CCSKBEnW**



1..1 - A •. ........ jC*.
•. *;M.vli’

PH0E»J1X
P O L IC E
D E P A R T M E N T

ORDER
NO. ;

A - 8  •

. ^

AMENDS: E F F E C T I V E  DATE

SUP E RSE O E S i !
t • • J i j  IG 1 # 1 9 7 5 .

i n d e x

r- ' -  ■
f. . .. .

r u b l i u h o d  

' A p r i l  1 ,  1 9 ' / 7

USE OF FIREAPHS: The i ' - ' / P h o e n i x  P o l i c e  U epartm ont on th e
u s e  o f  d e a d l y  f p r e o  and th o  J iB c h a r t j in g  o f  f i r c a r m o  w i l l  bn a s  s e t  f o r t h  
h e r o i n ,  , ‘

A. . O f f i c e r n  w i l l  e x h a u s t  e v e r y  o t h e r  r e a s o n a b l e  moans of. a p p r o h o n s io n ,  ' ; ..
r c s . t r a i n t >  o r  f o r c e  b e f o r e  r n s o r f i n g  to  t h e  .use o f  , f i r_ cn rn s .  j   ̂ 'i» ■ '

u.

c.

D.

E.

O f f i c e r s  w i l l  n o t  u n n e e i j s s a r i l y  drav; o r  d i s p l a y  any f i r c a r i . i ,  o r  c a r e -  
I c c s l y  h a n d le  a f i r e a r m  a t  any t im e .

Warning s h o t s  w i l l  n o t  be f i r e d  by . o f f i c e r s .  > ' •

O f f i c e r s  who, v .h i le  por f orminci a p o l i c e  f u n c t i o n , d i s c h a r g e  a f i r e a r m  
w i l l  make a v e r b a l  r e ix r r t  t o  a s u p e r v i s o r  a s  soon as  c i r c u m s ta n c e s  
p e r m i t ,  and a w r i t t e n  r e p o r t  a s  soon a s  p r a c t i c a l .  F i r e a r m s  t r a i n i n g ,  
c o n d u c te d  by th e  D e p ar tm en t  i s  e x c e p te d  from t h i s  r u l e . , ^  ::

O f f i c e r s  w i l l  n o t  d i s c h a r g e  f i r e a r m s  in  c o .m e o t io n  w i th  p o l i c e  a c t i v i ­
t i e s  e i t h e r  on o r  o f f  d u t y ,  e x c e p t  u n d e r  t h e  f o l lo w in g  c i r e u m s ta n c e n i ,

(1) A t an apiiroved ra n g e .

(2) K i l l i n g  a n im a ls  s e r i o u s l y  woumled o r  d a n g e r o u s ,  when o t h e r  d i s p o ­
s i t i o n  i.s i m p ' r a c t r e a l .  ■ ■

■1 “f I »

(3) When a u i .h o r ia c d  by a s u p e r i o r  o f f i c e r

(4) I n  d e f e n s e ,  t o  overcome an, a t t a c k  whic.-h c o u ld  pr.'iduee < |reat  b o d i l y  -; 
harm o r  . lo a th  to  the  o f f i c e r  o r  to  a n o t h e r  p e r so n  where no o.-hQr 
means a r e  a v a i l a b l e  to  overcome th e  a t t a c k e r .

i'.he l  ieves ' 'h , ;is^ j:ominittcd’' a fe lo n y ' , ’ w i th  th e  f o l lo w in g  l i m i t a t i o n s :

(a) The cr.ime f o r  which a r r e s t  i s  so u g h t  i n v o lv e s  tin: use  o r  
l l i i e a t e n e d  use  o f  d e .io ly  f o r c e ,  t h e r e  i s  s i i f f i c i o n t

^ ^  g t h a t  t.h<: peihion whoso .a r re i i t  ii:  so u g h t  w i. l l  cause
I III e a t e n e d  
r : s l :  t h a t  th e  pi 
d e a th  o r  s e r i o u s  Ix id i ly  harm i f  h i s  a)>prclionsion i s  d e l a y e d .

(b) l ' i r i . , i rms w i l l  not-, be used  ntulcr c o n d i t i o n s  whore in n o c e n t  
• b y s t a n d e r s  a r c  l i k e l y  t o  he i n j u r e d  o r  x L U o d ,  ^

wlion a f e lo n  i.s , f l e e i n g  in  a motor v e h i c l e . I
(c) u f f i c e r r .  wi l l  n o t  sh o o t  un los : ;  a l l  oi. lior a v a i l a b l e  means ^  

to  e f f e c t  th e  c a p t u r e  o f  t h e  f e lo n  have been e x h a u s te d .

(d )  V.lK,-u i t  i s  iiiv.e. s ;r ry  t o  s h o o t  a  f l c c i i . ; ;  f e l o n ,  o f f i c e r s  
v / i l l  aim no a-s to  d i s a b l e n o t  k i l l .



PHO^'UX P h o  e  n j  V V. GEMERAL ^

OEPASTMEST
FIREARMS FOLICy ORDER p 

NO. d
EFFECTIVE DATE

SU?5^C50=S ’ July 1, 1970
iNOcx Discharge of Weapons; ('unraunition; Pistol Range; '..eapon 

r.epair; Weapon P.elacenient; Firearms Training. 
P.eolacement of V.'eaoons.

ication Date 
12-15-73

ERAl

.1 Officers of this Department shall exhaust every other reasonable means of 
apprehension, restraLnt, or force before resorting to the use of firearms.

.2 Officers shall not unnecessarily draw or display aj-iy firearm, or carelessly 
handle a firearm at any time. The same rules of good judgement applicable 
to the discharge of a weapon shall also apply to the drawing and displayi,ng 
of a weapon by an officer.

.3 No warning shots shall be fired by an officer under any circumstances. An 
officer who fires a shot to warn, or who otherwise discharges a firearm 
without proper justification, will be subject to disciplinary action.

-yrr-'.-or.T'rr. •.“ .•rr,-

Officers shall not discharge fi-̂ °arms in connection with police activities 
either on or off duty, except under the following circuiastances:

(1) At an approved range.

(2) Killing animals seriously wounded or dangerous, when other disposition 
is impractical.

(3) When authorized by a superior officer.

U) In defense, to overcome an attack which could produce great bodily harm 
or death to the officer or to anotner person, me iirearm, or any 
other deadly force, shouj.0 ce usea oniy i: one officer has no other 
means available to overcome the attacker.

(5) To effect the capture of. .or prevent the escape or rescue of, a person 
whom the officer knows has coj-mitted a felony, wian m e  loixowing limi- 
tations:

XVo n-ime for which the arrest is sou°-ht invclves conduct Including the 
'i£°_mr_threatened use oi aeaaiy lorce, end there is substantial risk 
that the person whose arrest is sought will cause death or sericus 
~̂ooclij.y narm ii nas aporenensLon is ceiayec.

1023 -



CllIEr*S OFFICE 
Bvireau of Police 
Portland, Oregon

-■v.'

• ' 17 , 1 974. ,

c >

1974 Memo C:.0'. ;?37 
To; All Concanied '
Subject: (•■’:rearms Pel icy ' ' ' , ^

This order supersedes and replaces Sections 5,o56 and 5,658 
of the Manual or Rules and Procedures. M0T8; Section 5.552 

. was rescinded by l974 Memo G.O., J35,'dated July .10, .̂ 1974

' ' (Sect! on ' 5• 655) WHEN FIREARMS. MAT BE : DISCHARGED

General Poliev; The police officer’s firearm is to be used^cnly 
Tn~extrenie emergencies such as protection of iilmselr or another 
from death or serious bodily injury, or.apprehension of a danger­
ous felon when ali other means would be impractical or would 
constitute a serious threat-to the public. .v.. .-•'-f ■

'."̂ ■is'jecific Guidel ines.:_’'ln carrying out the above general policy,
, state~TaH and Bureau policy provide that firearms misy be dls- 
‘ ■ charged in the performance of a police duty only under the fol­

lowing circumstances:• • Vi • 'i .1. t

- 1, In making an arrest or preventing an escape of a
person who the officer reasonably believes attempt­
ed or committed a felony involving the use or 

. ; threatened Imm'inent use of physical force against
a person. Such felonies include murder, mans!aughter, 
robbery, rape, and felony,assault. ' .'/■

2. In making an arrest or preventing an escape of a 
oerson who the officer reasonably believes attempted 
or committed the crime of kidnapping, arson, first

- degree burglary, or-first'degree escape.

3. When necessary to defend the officer or another par­
son from the use or threatened Imminent use of deadly

• . phvsical force, regardless of the particular offense
■ which is the subject of the arrest or attempted escape.

4. In making an arrest or preventing an escape of a person 
who tlie officer reasonably believes attempted or com­
mitted a felony, and undev' the total circumstances at 
the time and place, .the use of such force Is necessary.

V.-

-V

: '■■'T

.fKb.



a:''iwc

( S !i •:
S 'J :!>  ̂!̂’. y

r V I.,M i o K i c i T ' J  ' ! ! < ;  i i 'M - s m , i !
!j,;,--.;,>rL>.‘. i n  i-ii'-' p a , 11 . '. ii '. •> r c ■ r,:,n:i,i i -2 i '.c ; ;s  i nv u1 v -.-<1 ■

5 A )■ J [*i .1 1>!1 ' 'O ' ' ‘-:'l i ' i l ’T'.lf!-

7 > - . i i ' - i o u s l y  h ; j ' i r c ^ l  o r  o . r o c i a r o i ' 3  i A i -

, „ a i ;  « h o f .  o t n e r  s p o s i t 1  o n  v ,  i m p r a c t i c a l .

■ L ' i o n  5 . : i S i n  N H L N  F H i C A i i H S  M AV  MOT !iE 0 1 V- OMAFi GED

, , . c i  ' i ^ > c t . o n  G . t i O G ,  t i r o A . - . ^ c  v , , 11 n o t  L o  O i s c h A v y o d  u n i i . r  

' r i r v u i i i S  1r. t h e  f o l l o w i n g  - t a o e i :

f . A s  v..'.n i 1 ;iy  .

?  A t  .u iy  p e r s o n  c n i r g o d  w i t h  o r  c o n v i n c e d  o l  o n l y  J 

m i s d ' . ; n iv 3 i i o r .

3 .  A t  0 n o e f  ivj C r a f f i c  v i o l ’, t o r .

n c a M E O T  ■ 0 f ! : d s i n y  t  m o t o r  v c h i c l i i  a s  d d o a d l y  a i ' d

( i . i H i ; ? r u * » v . ' * ? a x c n .

[5. ?.. E.AAtil 
Chiof of Police

..-r-

!'■ P.v / U.'. K / p sh
‘ :u' . f\: ' :  i ' i  f  nd  j il'.- I’ o l i c y



F irearm s  Policy T ' e .

>CJ
J.
Jd

H

The Portland department's policy on police use of firearms'^combincs a 

general policy statement prepared under Chief Baker's direction in 1974 uith

specific provisions which have been part of Oregon state law since ___

The general policy is this:

Iba-pr sÛiTaec.m.i/The police officer's firearm is to be used only 
in extreme emergencies such as protection of 
himself or another from death or serious bodilv 
injury, or apprehension of a dangerous felon 
when all other means would be impractical or 
would constitute a serious threat to the public.

Following tliis, the department's policy reiterates those prortsions of
,, ... . , S-m-re.the state law (with an introductory paragraph):

In carrying out the above general policy, state 
law and Bureau policy prortde tliat firearms may 
be discharged in the performance of a police duty 
only under the following circumstances:

1. In making an arrest or preventing the escape 
of a person who the officer reasonably believes 
attempted or committed a felony involving the 
use or threatened imminent use of physical 
force against a person. Such felonies include 
murder, manslaughter, robbery, rape, and felony 
assault.

2. In making an arrest or preventing an escape of a 
person who tlic officer reasonably believes attempted 
or committed the crime of kidnapping, arson, first 
degree burglary, or first degi-ce escape.

3. When necessary to defend the officer or another 
person from the use or threatened imminent use
of deadly physical force, regardless of the particular 
offense which is the subject of the arrest or attempted 
escape.

4. In making an arrest or preventing an escape of a 
person who the officer reasonably believes 
attempted or committed a felony, and under the 
total circumstances at the time and place, the 
use of such force is necqpaa,cj>«

5. When the officer's life or personal safety is 
endangered in tlic particular circumstances 
involved.

“ P f iV S iC  A<_

Dr»+t̂  
'TC./JJaJi ts

{.[=■£ os OF ĥOOTHCi



p rovisos. PS noted ,n . .  .nriiep edapptr. . . .e  Os.son one o£ d.e 

„„st rcstpicuv. stnt. mws >» «.n nation, save tor the Oroad l.ns«ag. ot 

paragraph 4. Non.dt.le.s, CPtet B.Ker « .o ld ...»  to create a . ere. stronger

ot pnldcUnes tor M s  departntent and ha, nrped adoption ot a no, state .a, t

r,n.0.i «ontd exentpt t.,e department troi. ein. llaMUty salts It department rn.es 

.ere str.eter dian die state provisions ..sted aPove. <TM, proposed oP.n.. is 

quoted on page five of C hapter O ne.)

1327



o

'=̂1

While shootings of civilians by police officers in Portland have been few and 

far-between in recent years, it is difficult to say witli certainty that a similar 

situation will prevail in the fiiture. The spate of shootings of police officers by 

civilians in 1974 has clearly aroused some alarm among departmental personnel, 

since, as a department memorandum noted, "more officers have been killed or 

injured by gunfire in the last seven months than all the combined years in the 

history of the Bureau. "

Because of this spectacular rise in the number of police officers hit by gunfire, 

the department is now studying the question of whether to equip cars with shotguns.

At tile same tune the department is worldng on a written policy stating what lands

of incidents would justify using a shotgun. If such a policy ever is adopted it would ^POCiC-V
apparently be tlie first in the country related to police shotgun use.

Some of tlie answers to an informal poll of police officers, carried out after 

the reeent shootings of police, would seem to suggest, too, tliat Portland's officers 

are not totally happy witli their "nice guy" approach to policing, that tliey arc not 

totally happy \rttli the present firearms policy, and that they are unclear about the 

terms of that policy. When asked why officers were being shot by' civilians, 

various officers provided various answers which were summed up in a police 

memorandum as follows;

1. Unstated tradition over the years is that Portland police 
officers don't get shot. Consequently, personnel are not 
mentally prepared to handle dangerous situations the 
way they should.

2. There has been so much emphasis in the last few years 
about "being the good guy" and practicing good public 
relations that officers are hesitant to use a strong, 
unpopular approach for fear of doing the wrong thing 
and being accused of overrcaction.

3. The officers are not sure in their own mind when,
whore, and how tiiey are legally authorized to draw their 
weapons, and wivon they arc autliorizcrt tacm.

Q̂=;r=iCP-i“POkA-THfe-
jSĤ xrri’
OFFiC



/Vc<-

4. The conscious or iinconsolou., n,ai« jr tht>y hink= 4 
mistake m  judgment tliey would not be backed by the 
command personnel, and that they would be investigated 
by Internal Alfairs. °

Police otficers in otlier places often have given similar explanations for 

assaults on police officers. These explanations are hard to prove or disprove, 

but Uiey malce police managers extremely cautious about taking steps to tighten 

policy or discipline in regard to police weapons use.

132H



Officers are pemitted to discharge firearms only in defense of 
their own or another individual's life. Shooting at a fleeing 
felon, even if dstngerous, is not permitted.



VJCE PRESIDENT

WILLIAM J- LAVH'ON
SCITUATE

SECRETARY

JOSEPH  J FREITAS 
n o r t h  SMlTMUrLD

August 19, 1977

study GtodP
109 North Dearborn Street - Sui 
Chicago, IL 60602
Dear Mr. Geller:

f f / s ;  S f t  |t“ i L n L “ o l i = o ' S p E S l .  

JlsSfafior f
departments are similar an content.
Hop, this material . H I  be of aa.lstanoe to yon.

Sincerely,
I ■ /, / / ■

.' ( 1-'̂ ' '
Glenford J . Shibley
Executive Director

GJS-.gf 

e n d .

1331



Bast

POLICE POLICIES

18.000 DISCHAPOTNC OF FIREAFMS

12-7-9. Ceneral Lavs of Fhoiio Tslanil, 1°5<'. 
FYIFC, FOFCE DANCE ROUS TO LIFEt

COVDl-^TONF JVFTI-

A police officer may use force dangerous to human life to make 
a lawful arrest for committino or attemptina to commit a felony, 
whenever he reasonably helievea that m:ch force is necessary to 
effect the arrest anil that the person to be arreateif is aware 
that a peace officer is attempting to arrest him.

-'t first glance this may .seem to be a simple problem, but in 
actual practice it is freguently very complicateil.

An officer NFVEF HAS W E  PICHT to shoot a person who has only 
committed a misdemeanor.

18.001

Three basic rules to remember aret

a. Do not use your firearm unless you have the legal 
right to do so.

b. you must assume that when you shoot at someone you 
will kill them.

c. The taking of a human life is a serious matter and, 
even though you may have the Inoal right, you must 
also he able to convince yourself and the public 
t^at the killing was necessary an-* lustifiahle.

FIFING AT FELONS

Firing at a felon may be legally iusti'ied tjnr*er some conditions, 
but there are other factors to be considered. You must base 
your decision on sound judgment rather than strict interpretation 
of the law. Firing when you are in no real dancer is often 
dangerous to the innocent persons and sometimes disasterons.

Fetter by far to let the fleeing felon escape than to kill or 
injure an innocent bystander. This does not mean that you must 
sacrifice yourself when a felon shoots it out.

f/hat is meant by "when it is necessary to shoot * *elon’? Necessary 
as used in these instances indicates that all other means (chasing, 
calling to halt, etc.) have hee/i trie<̂  and failed. There is a 
Federal Court decision which points out that FTIGHT ALPNE is NO 
REASON for shooting. Other msana of apprehension must have teen 
exhausted first.

m r



(continued)

ShootlnR a felon who le ectlvely realstlnfs arrest Is a 
different sietter. for here the officer has the protection 
of aelf-defenee ae well ee being justified in over-coming 
the resistance.

18.002 WARMING SHOTS
Warning shots shall not be fired for any purpose. Since 
38 caliber police special aamunltlon has a maximum rang 

of over a mile, warning shots for the purpose of apprehend­
ing a felon cannot be Justified because of the risk to 
innocent persona•

18.003 WHEN yiREABHS MAY BE DigCHAlCTn
Firearms may be discharged In :he performance of police 
duty only under the following circumstances:

1. At an approved range.
2. When killing seriously wounded or dangerous animals 

when other reasonable means have failed.
3. When necessary for the defense of your own life when 

all other reasonable neans have failed.

4. When necessary for the defense of another
life when all other reasonable means have failed.

5. When making a lawful arrest for committing
ing to commit a felony, whenever you reasonably be^l^e 
such force Is necessary to effect the 
the person to be arrested Is aware a peace officer is 
attempting to arrest him.

18.004

18.005

when firea rm s  sha ll  not b e  P ISOlARGF.n

Firearms shall not be discharged under the following circum­
stances:
1. As a warning shot.
2. Firing at fleeing vehicles wanted for a misdemeanor or 

or wanted for a felony under the motor vehicle code.

FIRING AT JUVENILES
Regardless of the circumstances, shoot at juveniles O N ^  to 
protect yourself or others against a direct threat to ll^e. 
However, DO NOT ASSUME that the suspect ia less 
because he is a jvrveiale. The public reaction to the killing 
of a juvenile is seldom good.

1333^



18.006 pnOCEDURB TO BE ?Ol.U7^0 VTfgff FIRFAJW IS DISCHARGED

A. Whenever a member diachar^es bis firnarn either accidently 
or in the performance of his police duty, except at an 
approved ran^e, he is to act in the fol,owin<7 mannor;
1. Hake a verbal report to the member's on-duty supervisor, 

iimediately, or as soon as time and circumstances permit. 
This report is to be no later than the conclusion of the 
current tour of duty, when the officer's commandinj 
officer is not on duty at the time of discharge of the 
firearm, the officer is to notify the ranking officer
on duty at that particular time.

2. An Officer's Report containing a detailed account of 
the incident, is to be submitted through channels to 
the Chief of Police;

a. On-Duty officers are to submit this report prior
to the conclusion of the tour on which the incident 
did occur.

b. Off-Duty officers are to submit this report immediate­
ly.

c. In the event the member who discharges a firearm is 
physically incapaciated or fatally injured during 
the tour and incapable of submitting this report, 
it is to be the responsibility of the member's 
supervisor to submit as complete a report as poss­
ible pending further departmental investigation.

B. Investigation by Supervisor or Command Officer

1. Each incident where a firearm is discharged (target 
range and when killing seriously wounded or dangerous 
animals without further incident are excepted,) is to 
be thoroughly and personally investigated by the dis­
charging officer's immediate supervisor. When the 
Irwnediate supervisor is not available the investiga­
tion is to be conducted by the ranking command officer 
who is on duty at the time of the incident.

2. After conducting a thorough, OW SCENE investigation of 
the circumstances surrounding the incident, the investi­
gating supervisor is to submit a detailed officer's 
Report to the Chief of Police, independent of other 
reports reguired by this ordir.

3. The investigating Command or Supervisor Officer's 
Report is to contain all observations and conclusions 
reached as to whether the discharge of the firearm was 
justified and within the provision of this order.



in.on? rxPFAPMS cr>f̂»irrrr

A .onmitree i5 !.ereb, estaMi.h.rf ̂ or
revie»xna the circur-stancos ?urrourulirq âc.i melt n. 
where a menber has discharger^ a weapon, ( t a m e r  rar^ge and when killing seriously wounded or danoerous animals 
without further incident are excepted).

The membership of the committee is to bo as fnllows_:

1.

2 .

J.

5.
0.

The Comtandinc Officer of the Investicative Division is to 
be the Chairman of the Cormittee.

The Department I n s pector.

The rommandino Officer of the Division, Vurcau, or rnit 
where the discharaing officer is assigned.

one member of the department selected bu the discharging 
officer, who mag be of eoual or superior rank.

The City Solicitor.

Convening of the Committee

to n. Itt tot oofoto At.t looo.tlottlv,
reports are in his possession.

Authority o f  the Connittec

1. The Committee is authorised to review the circumstances 
attending each discharge o* a firearm, (except on an 
nnproved range and when killinc serious U, wonneed or dangerous animals without further incident are excepted).
In the event the committee's review indicates a violation 
of the provisions of the policy, theu are to make 
mendations for disciplinary acrion to the Chir^ o' Police.

mhe Chief is to have final authority in all d i s o ’plinary 
actions, and may follow the co m m i t t e e ’s recommendations 
or disregard them and make his own indevendent decision.

The Committee is to make recommendations for modieirations 
of this policy when deemed reressani. These reoormendation 
are to l,o made to the Chie' o' Pclioe. Any 
comino 'rom anywhere within the Do'ice nepartment, .or 
chanoino o r  modifying this po.Hcu are to he reviewed hu the 
Firearms Committee and t'rn gasse^ or. to ̂ ‘-e Chie for 1... 
consideration and evaluation.

/0«̂



in.on/t

c o r ^ t t e e  i s  t n h .  f -  U c . ^ n "  
i -  a need for training n j-eronnize a need for

the re cn n re n d n r io n s  ro t ' e r h i e f .
such trainina, t/iey are ro

prgrawiy anri AMMVflITTON

Carruina of Sidearrts

on .ucv, fir-«rr̂, ONT̂  capable of firinn .’•«
smith S wesson or Colt ' „.„e2 length is not
caliber police special ammu tf^an two 12) ind'e^
to be more than four ( ) or
for supervisors, and not inches
uniformed pe r s o n n e l , and not less than 
for plainclothes members.

3. Auxiliary weapons

I. Normal Conditions

.. „ t-ed in dpnartnonta 1

The only p̂rsonn.i tc ..
vehicles or carried hu on ' " J ' J Z  r^inf of
weapons which have been approved hu the 
P o H c e .  such as the Department s..otnun. .

2, EmercrgnoJ Conrfition-̂
The ranltino command officer at theLceeseru authorize the assignment of a u x i l i a r ,

firearms.

133 ^



POLICE POLICIES

Ifi.lOO SHOT r.UNS IN PATROT. CARS

Shot Runn shall be standard equipment and carried In some patrol 
cars. They shall be kept secured In the I.ecco Lock holders 
except when it is reasonably necessary to use the weapon in the 
performance of police duties.

18.101 LOADED SHOT GUHS

The shot guns shall have a fully loaded magazine, but the chamber 
shall not be loaded while the weapon is in the patrol car. The 
safety shall be in the safe position at all times until the moment 
of actual firing of the weapon.

18.102 SECURITY OF SHOT GUHS

Patrol cars containing shot guns shall not be left unattended 
with the engine running or the keys in the Ignition. Whenever 
practical, the patrol car's doors and windows will be secured.
It shall be the responsibility of the Patrol Sergeant to see that 
shot guns are not left in patrol cars not assigned to the next 
tour of duty or in patrol cars to be sent to the city garage or 
some other place for maintenance.

18.103 INSPECTIOH OF SHOT C.UNS

At the beginning of each tour of duty, officers assigned to a 
patrol car containing a shot gun shall inspect th.> weapon for 
proper working condition, obstruction in barrel, correct quantity 
of ammunition and damage. Any Irregularities shall be reported 
immediately to the officer in charge of the station.

18.104 1.0SS OF SHOT CUN

Officers assigned to a patrol car containing a shot gun shall be 
held accountable in the event the weapon is stolen from the 
patrol car whenever the officer did not follow proper security 
procedures as outlined in section 15.902.

18.105 MAINTEKANCE OF SHOT 0111

The department range officer shall be responsible for maintaining 
the shot guns. At least once each month, or as often as is neces­
sary, he shall inspect all shot guns for proper operation, and 
apply a protective coating of oil or other suitable rust-prevent- 
atlve to all exposed metal surfaces.



© O'
|) L'unsijllinnia

DEPARTMENT OF PUBLIC SAFETY 
BUREAU OF POLICE

MANUAL

OF

RULES - REGULATIONS

AND

PROCEDURES 

1 9  7 2

Pzt&A. J,  PZakcfi iy ■ 
MA/DR

RobzfLt E. CoZvZlZz  

SUPER!t^TEfJVENT OF POLICE



'̂ Tioy. S: l.’Jioi; TV..-, vjor, cor-.pU.cc.l, r,i.>ui;u-nr.,u- .-.i.d clu.- r,c-rw-.nt
all .c.j*n to Lhc cv.iccf chr. i root r.-.nl:, m u ) .-;hoU Taoe ul;o jvV.iir.or,. Tlio
‘‘'oCn T  >;kvs". u),coupon cod. „:;n du.U coVe out. coll t.o„ key in kir. h;..uJ for ) nt.r.cct ion. I.'otd.ool:.-:, uhlotJco boto.-.-

lly at the c.n.ao tjr.o. Uccar.Ui o.-.. .-.11 itcmr, oh.ill be In.̂ poct.-.) ..t lo.v:t once

nonclndod, d.o Scrr,c,-or. r.b.-.ll co.r.n.v'.ll "dJ-.-.V
^S,  Ma I.CiI , A l t e r  r o . i ks  . i r e  c l o r . cd  .one! . i f c o r  t h e  . Sc rc c .m t  l a  ......'
fuvtheo erdov.-. fro,, foe Lieutenant, tbo .-lorr.oar.t .d..vl,l c".L.-;]“--rr;:T -ro“
R ASSIc;ni,.aiS , vboreupon, ail poraon.icl .-.ball procoad to their .a.-,aip.,t.'.cr't3 .

TIOIJ 10: It sh.-.U bo obc ro.sponsJbdlty of the Licucen.-.nt to Ci:t ro-oo- -i-
- IrrcDularltle.-. obsetvod and it shall be his responnipillty to o'-Jer
- all thr.se irrc,-ul.'.rltio:. be corrected by ,te:nbcrc conterned. Fa-riu-e of
utenait r aufficl.^n: c.-.nsc iJr f odl"r" 1 - .scipli„.-.ry action. Failure of the Lieu Levant to lr.1-1-
il Board " be. just cause for bis contaandlnc officer to Institute11 Board procceoinns aj.iin.st luir.. >.u.>titute

Dl'.SCHAbCE Or FIKFAP’-t
s-A7r-->::cT of i’or.icv

EX.,..b.';r I-.Vl.Rf OiHER r.F.\.SONABI.F HEA)IS of ArrELDEN'ETOd 
fu.J Da.hb.Sb Or HD'.Sr.I.F AM) OTHER '.’ILREOb’S FROM DEATH OR GRFAT EOUrY An 
Hm ILM before RESO.RTIVG TO THE II.SE OF rlREAILMS."
1Discii/.rtGr: ok' nnrAK.MS T!t

ION’ 12: A nenber xay disebarco his fiream in the necc.ssary defenf.-e‘frex
h or serious Injury or anottier per.son atcac'tcd.

elf fJin ‘Ji-'̂ ch.srco his firearm in the necessary defe:..-.o ofelf from dcatli o', serious injury ul.en attacked.

^ "^ber nay dlsaharr.e his firearm if he has clear .ind sufficient
It to the °'’r b̂.it the person he is attc:f.ptlnc to sl.ooL poses an it.mcdlate 
1C to the safety of ochera.

DTSCUArtCE OP FTKF.ARXS JK C0NNF:CT10N Ul'CJJ FlyLOKIES

!°̂ ’arrLtl-'' T  i" connection vith apprehend-
lico- coi.inltted or who are commit tine, the foilowinE

MURDER, ROBDE.RY, BURGLARY, KIDKAPIN'C, ARSON, OR RAPE.

I33n'

2 :.

f



S;;CTIOM iC:  A r . .
co;r.r.,icru! ol- ;.'no ^ m lu,-; ftr .n n r. ^  ,
-n d o . the r o a . , i . A

•■>) He i-o.inon.iMy ccri/i;-.
'V' “ «=cu-CCJ ^

ca )̂ n c ^ „

-1>0 cco,uTcd ^°" .1C VMK one ^.'1 BISCilARii~ n;' PT.'iMMif. .„------------- AT v n : i c i p s

SECTio;; JR . A ,

u n le s s  th ': o ffo .n sr '"cn '”'^r '’■••=11 r.oc d ls l ic n rc e  h i-; f i r c a i -

•*?'' »**«'. «<»nm. m m; m  wn
miU:!UnoTs ■

SECTIO:: 19 : . r. I

" “ = '•■-«•■» .= . w.rr,;=t
, SECTXOM P.O: / _ ,

SL-CitOU 21; * n ") I u
c o i^ ic c e d  „oa  a °^^cnoo

SECTIO.N’ 2'>. .

hao o c ; . , . ,  ^ ^ 0 0 X0,  p o . .o n '

TurDE,a RO«r.E«. ,,..C U E V . k id k a p ik c . ahso. .  or ra re , 

tn o;iJi;nLc.TRci):-:sTAi.v:vv
SECTIO.’J 23: a ^ , ' '

SECriOW 2«: A sro -’ ic io n  cannoc bo o t f c c t c d ,
. . .  cu= “ >■ ■“ -=.'■.■•« - 1 .  f l r c . , „  „

1 3 4CT



4

SL-CTIO:; 25; W,cr. l,c hos co,„:nitEc,l .-. viol;,iion of the low.

s;Tro“p,o„.-" ^
«CVM» !7 . r„, p.„, ... .

iCno.N’ 2 9 :
lay Accidental rii.e!,c.,e of fi.oarcs chrou,i. care Ic.ancss or horao-

i*
PISCTIAKCE OF >’T.:̂ -7^_RgP0;<T-h'f;

t.r t„=, d,c e„j >■« -  "» 7v.,„t,

CTION 32: The member who (liAcharp.cd the fireai-n dnli f,-i
^Chc^incidenc within sixteen (16) hours of the incident to the Ŝ .p:r' ue" ..d^^r^f

if'T”'” ""f‘* pcr.op.,,.,. t>.

o ic rms was jLs..ficd and in accordance with this Article.

.er°ntendenu of"’rolicr'''”'°‘ firearms shall, be reviewed personally by the

c^.12^1. con’std’:pw\ticns n i--o :u :  P i s c H A P r F  o p  a v T o m i-,..

^'icld'of fire^’ir^e'ar a firearm, he s'hell be certain that
P^ssinc vehlcLs bystanders, buildincs that may be occupied

- s -  b e ‘ c e - - a J r  r h ^ ‘' ' ' n '  '  ' U s c ha rp . ee  h i e  f i r e a r m  .-,t ., f l c l r . ; . ,  v e h i c l e
c a s e  and ! ‘l ; ^ L t ^ ^  r he  v e h i c l e  we re  o r  a r e  i n v o l v e d  i n  t he
a c e n t  b l t n n l - s  * r  = ^ o t  k i l l  o r  i n j u r e  any
r r e  h i c ^ f   ̂ ^  V  ^ i s  ' l o t  c e r t a i n  o f  c i t h e r ,  he  s h o u l d  n o t  d i s -r c c  h i s  f i r e a r m  a t  t h a t  v e h i c l e .

i : m

>,y.



Mh I HUPOLI IAN POLICE ULPARTMENT -  CITY OF S T .  LOUIS 
OFFICE OF THE CHIEF OF POLICE 

SPECIAL ORDER

Date Issued October 19. 1970

Effective Date October 22, 1970 

Reference____

Order No. 

Expiration

70-S-21

Indefinite

Rule 7 and 9. Police Manual

Cancelled Publications 67-S-19

Subject ________DISCHARGE OF FIREARMS -  "SHOTS FIRED REPORTS’

TO: ALL BUREAUS, DISTRICTS AND DIVISIONS -

INTRODUCTION

This Special Order explains the procedure to be foUowed when a firearm is discharged, either 
accidentally or intentionally, except for private use, i.e., hunting, target practice, etc. This Order
will be applicable to officers on-duty or off-duty and it will also be applicable in instances where 
there is property damage.

I.

II.

III.

Tlie officer discharging the firearm shall include in the police report all facts relative to the 
cause for discharging the firearm and no additional report need be prepared by the officer. The 
officer shall have the report reviewed by his immediate superior officer and forward same 
tnrough the appropnate channels. If there is property damage, the officer shall proceed in 
accordance with Rule 9.020 of the Police Manual. If death or injury is involved, another 
investigating officer must prepare the report in accordance with Rule 9.016 through 9.019 of ' 
the Police Manual and the Command Post must be notified immediately.

The commanding officer to v/hom the officer is formally assigned shall review the officer's 
report. If necessaty the commanding officer shall cause a further investigation. When the 
investigation discloses that the officer acted reasonably and justifiably in accordance with Rule 
9 of the Police Manual the investigation will be terminated.

Informational copies of the report will be forwarded to the next Command Level and the 
Bureau Commander. Tlie report is for information purposes only and does not require 
endorsement or approval beyond the commanding officer of the officer involved. Distribution 
of the report will be accomplished by the commanding officer making a notation in the upper
left hand corner of the first page indicating copies to the appropriate Commander and the 
Inspector of Police.

1341

Page 1 of 2



IV.

V.

A copy of the report will be forwarded to the Inspector’s Office. The Inspector's Office will 
review each report and in the event there is a degree of carelessness indicated or that the shot 
fired was possibly not in accordance with Rule 9 of the Police Manual or other applicable 
directives as may be issued, the Inspector shall notify the commanding officer through 
channels to make an investigation, report and recommendation and forward the results, 
complete with an Administrative Reports Transmittal Sheet, MPD Form 200-14, through 
channels to the Inspector’s Office.

When the commanding officer determines during his original investigation that disciplinary 
action is indicated he will act in accordance with the provisions of Rule 7 in the Police Manual.

■By Order of;

■ NE J. CAMP 
Colonel 
Chief of Police

EJC/ml:jb

1343

Page 2 of 2



4.39 
• ■

4.41

4.43

4.45

INSPECTION OF FIR£ARf4S. The O ff i c e r - I n -C h a r g e  of th^ P o l i c e  Range 
arrange fo r  the In spec t ion  of a l l  Department owned f i rea rms  a s s  gned to  the 
Bureaus, Companies, D i v i s i o n s  and D e t a i l s .  The in spec t ion  s h a l l  be made 
m n n t h i v  and sh a l l  be fo r  the purpose of c l e a n in g ,  o i l i n g  and making necessary

so  t h S ?  i e p ^ t S e n t  f i ^ e a L  w i l l  be In ope ra t ing  c o n d i t i o n  at a l l  t i oe s .

F irearms s h a l l  a l s o  be Inspected by the Bureau, D i v i s i o n ,  Company and Deta i l  
"Weapons O f f i c e r "  in the manner p re sc r ibed  in the Manual of General Procedures.

CLEANING OF FIREARMS. A f t e r  each f i r i n g  members s h a l l  tho rough ly  clean the 
r e g u la t i o n  r e v o l ve r s .  I t  s h a l l  a l s o  be cleaned a f t e r  exposure  to  inclement 
weather and to  remove f i n g e r p r i n t s  and p e r s p i r a t i o n  sta in s . .

DISPLAY OF FIREARM. Members s h a l l  not u n n e c e s s a r i l y  d i s p l a y  any f i rea rm  in 
any p u b l i c  p lace  o r  c a r e l e s s l y  handle a f i rea rm  a t  any time.

ALTERATION OR-REPAIR OF FIREARMS. No a l t e r a t i o n  o r  r e p a i r  s h a l l  be made to  
any DepartmenV f i rea rm  except by P o l i c e  Range Personne l .  No weapon of any 
type used by any member s h a l l  be a l te red  to  have a t r i g g e r  pu l l  « s  than 
3 pounds p re s su re  when f i r e d  s i n g l e  a c t ion .  A member s h a l l  not i n s t a l l  a 
wide acce sso ry  t r i g g e r  shoe on a handgun used with the Hoyt h o l s t e r .

USE OF FIREARMS

4.47

.2

f \b

A member s h a l l  not d i s cha rge  f i rea rms  in the performance of h i s  p o l i c e  d u t ie s  
except under the fo l l ow ing  c ir cumstances  and a f t e r  a l l  o the r  reasonab le  methods 
and/or procedures of apprehens ion  and con t ro l  have f a i l e d .

1 In the necessary  defense of h imse l f  when he has reasonab le  cause to be­
l ie ve  tha t  he i s  in Imminent danger of  death o r  s e r i o u s  b o d i l y  in ju ry .

In the necessary  defense of another person when he has reasonab Ie  cause to
be l ie ve  that  he i s  in imminent danger of death or  s e r i o u s  b o d i l y  i n ju ry .

To e f f e c t  the a r r e s t  when the member has reasonable  cause to  be I i e ve  that  
the su spect  has committed o r  attempted to  commit a fe lony  I n v o l v in g  the 
use o r  threatened use of deadly fo rce,  o r  when the member has reasonab le  
cause to  be l ieve  tha t  a s u b s t a n t i a l  r i s k  e x i s t s  that  the person to  be a r ­
rested wi l l  cause death or  s e r i o u s  b o d i l y  harm if  h i s  apprehension i s  de­
layed, and on ly  a f t e r  a l l  o ther  reasonable  means of apprehens ion and con­
t r o l  have been exhausted.

.3

h

-65- SFPD 01-01-75

1 3 4 4



\iO'

.4 To k i l l  a dangerous animal or one thal  i s  so badly  in jured  th a t  humanity 
r eq u i r e s  i t s  removal from fu r the r  s u f f e r i n g  ana other  d i s p o s i t i o n  I s  im­
p r a c t i c a l  .

.5 To g i v e  an alarm or  to  c a l l  fo r  a s s i s t a n c e  f o r  an Important purpose when 
no o the r  means can be used.

.6 For  t a r g e t  p ra c t i c e  at  an approved range.

F irearms s h a l l  not be d i scharged  under the f o l l o w in g  c i rcumstances ;

.1 As a warn ing.

V

.2

- f

4.51

.3

.4

At o r  from la moving v e h i c l e  un le s s  the c ir cumstances  come w i th in  the p ro ­
v i s i o n s  of Rule 4.47,  s u b d i v i s i o n s  .1, .2 or  .3, and the member reasonab ly  
b e l i e v e s  tha t  f i r i n g  in to  o r  at such v e h i c le  wi l l  not endanger other  per­
sons.

In a l l  misdemeanor cases.

V/hen in doubt.

A member s h a l l  not draw a f i rea rm  in any p u b l i c  p lace  except in the l ine  of 
duty o r  f o r  in spec t ion  by a supe r io r .

An o f f i c e r  may draw f i rea rms  dur ing  the cou rse  of  an a r r e s t  o r  i n v e s t i g a t i o n  
when i t  i s  reasonab ly  necessa ry  f o r  h i s  own s a fe t y  o r  t h a t  of  another  person.

4.53 A member s h a l l  not f i r e  at persons  known to  be o r  suspected of  being j uven i I e s
\ V  ^  (persons  le s s  than 18 years  o f  age),  except under the c i r cuns tances^wh ich  come

A  w i th in  the p r o v i s i o n  of Rule  4.47, s u b d i v i s i o n  .1, .2 o r  .3,

4.55 ,A member s h a l l  f i l e  a w r i t ten  report  through proper channe ls  to  the Ch ief  immed­
i a t e l y  fo l l o w in g  the purchase, replacement, l o s s  o r  o the r  d i s p o s i t i o n  of h i s  
f i rearm and s h a l l  l i s t  a complete d e s c r i p t i o n  I n c lu d in g  the s e r i a l  number. A 
report  concern ing  the l o s s  o r  t h e f t  of  a f i rea rm  sh a l l  Inc lude  a l l  f a c t s  s u r ­
rounding such lo s s  o r  t h e f t .

4.57 The fo l l o w in g  procedure shal  
at an approved range.)

be fol lowed when f i r ea rm s  are  d i scha rged  (except

Whenever a member d i s c h a rge s  h i s  f irearm,  he s h a l l  v e r b a l l y  n o t i f y  the 
s t a t i o n  keeper of the d i s t r i c t  in which the f i r i n g  occu r s  w ithout  reason ­
able  delay.

The member who d i scharged  h i s  f i rearm s ha l l  f i l e  a wr i t ten  repo r t  o f  the 
in c iden t  through  proper  channe ls  to the Ch ie f  p r i o r  to  the co n c lu s i o n  of 
h i s  to u r  o f  duty, and a copy s h a l l  be forwarded to  the O f f i c e r - i n - C h a r q e  
Legal O f f i c e .  ^ '

I t the member who d i scha rged  h i s  f i rearm i s  h o s p i t a l i z e d  o r  f a t a l l y  in ­
jured and the re fo re  incapable  of f i I i n e  the w r i t ten  repor t  requ i red  in 
s u b d i v i S i o n  .2 of t h i s  ru le ,  the O f f i c e r - i n - C h a r g e  of h i s  s t a t i o n  o r  bur­
eau s ha l l  f i l e  as complete a report  as p o s s i b l e  on the shoo t ing  pendinq 
fu r t h e r  departmental  i n v e s t i g a t i o n .

Each d i s c h a rge  of f i rea rms  s ha l l  be in ve s t i ga ted  p e r s o n a l l y  by the O f f i c e r -  
in -Charge  of the member invo lved.

-66-1,345 <̂FPD oi-oi-ns



4 .59

4.61

Mter ccnduc.ng = ire^i
a t tend ing  the d i s cha rge  of  ^ „_ ' i + g  nf the !n ve s t i e a t i o n  through

. submit a de ta i led  i-eport of the r e s u l t s  of the .

proper channe ls  to  the ? ! " * '  ;;! ';° :Jp rrge  as to whether the

^ ^ r r s m l e d ' a n d  m  accordance with  departmental r u l e s  

and procedures.

.6 The Commanding °*  ■’■ J® ^ “ ’’r e p ^ ^  o f '^ th l  o f f° ce r - ' i n -Cha rgB .
to  the C h ie f  with  the ^ t S s i o n r a n d  recommendations as
H i s  repo r t  s h a l l  ; ' ^ „ 7 \ “ ^^a p eT ake n  In the matter.  He

i L n  d l l c r p i l l l r n c t t o n  o r  s u speh s lon .  i ,  warranted.

There ,s established /his Department̂ â Weaponŝ Dlscharĝ  T s l V r T o ^
duty I t  s h a l l  be to  rev iew the momhpr of the Department and to
f i rea rm s  (except  at c o n c lu s i o n s  and recommen-
submlt a w r i t t e n  repo r t  to  the  Horici ion as to  whether d i s c i p l i n a r y  
da t ion s .  The Ch ie f  shal  1 make the In the event the
a c t io n  i s  to  be taken aga ln s  ® ° _c t ion  the i n v e s t i g a t i o n  repo r t  s h a l l  
Ch ief  dec ides  a g a i n s t  d i s c i p l i n a r y  u^ '  conduct a hear ing  on the
be forwarded to  the P o i i c e  Commission who may conduc char te r ,
in c iden t  in compl iance with  the p r o v i s i o n s  of Sect ion

.1 Membership of the Board:

In spec to r s

be pre-

a. Director of Personnel (Chairman)
b. Supervising Captain of Districts
c. Chief of Inspectors or Captain of

2 If called by the Board, the memberls_Cog.iandingJlffLdP'- =1=' 
s e n fa t  the hearing In an a f 7 f W r S p a c l t y .

.3 Meet ings  of the = ^ = n „ ^ % r t l r 1 h e % r p o r r o i ™ " l r r m 'd U c 'h a r g e
time w i t h in  a reasonab le  t ime a f t e r  t h -  reporr  o
comes to his attention.

.4 The Board s h a l l  make / p ^ ® y ‘’a n i° 5L I  1 make recommen-

:l° t lo n :  r n c r n t r t r a l n l ^ r p e c r s s a r ;  ? o r  t L  e f f e c t i v e  Implementation 

of such po l i c y .

A member of the Department whose °;^^;;®^"g^ty°Ulurperdrrro;^"hi ssuits in the death of another shall oe s p__̂^
'■Tl'll'benems' Tnd hi'sfa I Tnot'Sr returned to regular duty until 
a1 inal de?rrmination has been made regarding the homicide.

• I riM+v c+atus he shall be detailed to cooperate 
•' ruil’y :?tr;L^S:prrlmen;ilTrsonne, assigned to Investigate the 

circumstances connected with the death.

-6 7 - SFPD 01-01-75

Jr>



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 ̂ ,  i* n ,J o s «  P o lic e  IJec i.-v -n *

GE'^ERAL ORDiiR

'V3 • vet
USE OF FORCE

• Vo: 
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Staff
iLtfVlttMd 07

11/27/74 i^OfV TC^  Geppert R. B. Murphy
Xjpronrad tj

BACKGROUND AND PURPOSE

The po lic ies of law enforcement agencies ref lect the values of the 
communities served; as the values change, so do the po lic ie s.  Th is 'be ing the 
case, the administrative sta ff  of the Department, after considering opinions 
of Department members, community leaders, and c it izens in regard to both the 
well-being and safety of members of the Department and the community a like, 
have concluded that a revision of the Department manual in regard to use of 
force is  appropriate.

Any agency's force policy i s  often contrasted with the Penal Code 
provisions outlin ing ju s t i f ia b le  or necessary use of force by peace off ice rs.  
Californ ia  Penal Code 196 has been in i t s  present form since the Penal Code 
was enacted in 1872, and was even then taken without substantial change from 
the Crimes and Punishment Act of 1850. Changes in the philosophy of Penal 
Code 196 were seen over f i f t y  years ago when, in 1921, a Ca lifo rn ia  Appellate 
Court decision commented, "A peace off ice r,  when attempting to arrest a person 
charged with a crime, m.ay take the l i f e  of the offender, i f  i t  becomes necessary 
to save or preserve his own; but there must be a real or apparent necessity to 
ju s t i fy  the resort of the o ff ice r  to such an extreme measure." In addition, 
the newly proposed Californ ia  Criminal Code contains sections that would l im it  
the present PC 196. Moreover, where law enforcement agencies do not re s t r ic t  
the ir  use of deadly force more str ingently  than the criminal law standard of 
ju s t if ic a t io n  for homicide allows, the leg is la tu re  and courts may be expected 
to step in with even more severe controls. Thus, i t  i s  seen that our nev; 
policy is  not a radical departure from the evolving standards, but rather i t  
reflects some generally accepted values of our modern society and the criminal 
justice  system; to wit, the use of deadly force i s  ju s t i f ia b le  only as a means 
of preserving l i f e .  The discharge of firearms is  never ju s t i f ia b le  so le ly  
for the purpose of apprehension. I t  should be emphasized that there is  
nothing in th is  policy that prohib its police o ff ice rs  from protecting themselves 
or another person from a danger of death or of great bodily injury.

ORDER (VOLUME I)

PART XI - USE OF FORCE

3111.1. Definition ' of Deadly Force.

NOTE A The masculine third person pronoun he, and it s  grammatical 
derivatives used in th is  test shall oe defined as the generic he, meaning 
the person, the one,'anyone feminine or masculine.

a. Deadly Force is  force which the o ff ice r  intends or which he knows or 
should know creates a substantial r is k  of causing death.

<• < :
b. To use deadly force is  to actually apply deadly force.

1.147 ■



GENERAL ORDER #3-75 Page 2 January 23, 1975

r Reasonable means are those actions that would be taken to^control 
conf lic t  by a person o t  ordTnary caution and prudence in the context of the 
spec if ic  situation. , ^

H All other reasonable means have f a i l ^ w h e n  an officer_has tried 
and fa iled  to control con f lic t  by using a ll alternate and reasonable means 
other than deadly force; however, a ll other reasonable means may be considered 

't ^ h a v e  fa iled  when an o ff ice r  analyzes a set of circumstances and onestly 
and reasonably concludes that all^other reasonable means are useless.

P An honest and reasonable be lie f is  a judgment based on a set of 
circumstances that wo^d cause a person of ordinary caution 
reasonably entertain (have in mind) a strong suspicion amount ng to a be lie f 
Jh ft r c e n a ? n  condition ex ists  that requires the use of deadly force In 
determining reasonableness, the o ff ice r  should honestly ■
e n te n l in )  certain conditions ex ist  that require the use of deadly force The 
iudament is  not reasonable i f  the o ff ice r  i s  negligent in surveying the facts 
or is  negligent in acquiring any knowledge needed to understand the set o 
circurastLces, the applicable laws, or the po lic ie s  of th is  Department.

The San Jose Police Department qua lif ie s  i p  members by Penodic  
tra in ing as stated elsewhere in th is  policy and each o ff ice r  must demonstrpe 
the a b i l i t y  to understand laws and po lic ie s,  analyze combat s ituations, an
defend himself and others.

f  Force nece ssa ry top ro te c t  i s  that force required t o  protect against 
a manifest peril to l i f e  or great bodily injury. Manifest peril o p u r s  when 
there is  a combination of time, space and reason to be lpve  a perilous ac tpn  
w ill  occur. There are three general s i t u a p p s  p  manifest peril involving 
these combinations which ju s t i f y  the use of deadly force.

(1) Instant Peril - At th is  moment and th is  p la cp  the o f f i c p  
has reason to believe that th is  person has the a b i l i t y  to k i l l  or do great 
bodily injury and w ill do so.

(2) Near Peril - At the next moment and in th is  p la p ,  the p f i c e r  
has reason to believe that th is  person w ill have the a b i l i t y  to k i l l  or do 
great bodily injury and w ill do so.

This place, as used In  (1) and in (2), i s  defined as that area 
in proximity to the o ff ice r  in which he can, at th is  time, personally observe 
the ac t iv ity  of the person.

(3) Foreboding Peril - At another time and in an pknown place,
-the o ff ice r  has reason to believe that th is  person w p l have the capacUy to 
k i l l  or do great bodily harm and w ill do so because he has demonstrated a 
wanton disregard for human l i fe .

n. Great Bodily Injury is  a touching of another person t p t  causp^^^
dangerous hurt, serious bod, ly damage, or a t S l f L  ord L r y
in iurv  refers to an injury of graver and more serious character than an op m a ry
S S v  aUhough i t  may be in f l ic ted  without the use of dangerous or even
offensive weapons. It  usually involves an
accompanied by a circumstance of aggravation, such as the use of deadly 
weapon or great d isparity  between and physical conditions of the



«

GENERAL ORDER #3-75 Page 3 January 23, 1975

aaqressor and the victim. The crime of rape, sodomy or oral copulation 
unLcompanied by other circumstances of aggravation does not re su lt  in great 
bodily injury for purposes of th is  defin ition.

3111.2. When deadly force may be used. A police o ff ice r  may use deadly 
force when all other reasonable means have fa iled  and the o ff ice r  honest y 
and reasonably believes that such force is  necessary to protect himself or 
another person from death or great bodily injury.

3111.3. When firearms may be discharged. A police o ff ice r  may discharge 
a firearm:

a. As provided in Section 3111.2

b. At a f i r in g  range pursuant to a ll  safety rules and instructions

c. To k i l l  se r iously  injured or dangerous animals when no other 
d isposition  is  practical and the public safety is  not jeopardized by the 
discharge.

3111.4. Prohibited conduct. No police o ff ice r  shall in tent iona lly  or 
negligently:

a. Use deadly force except as provided in Section 3111.2.; or

b. Discharge a firearm except as provided in Section 3111.3.

ntra-deoartmental use only. The policy
deemed evidence of a standard of due care 

v i l  proceeding other than d isc ip l ina ry  
Jose and i t s  o ff ice rs.  This policy is  

cers before the fact in approaching a 
a s s i s t  in assessing 1ia b i l i t y  after the 

the standards of the policy in a criminal 
the jury w ill  doubtlessly see through 
position.

3111.5. Policy applicable to i 
contained in th is  part shall not be 
or negligence in any criminal or ci 
proceedings betv/een the City of San 
written in an attempt to guide off i 
c r it ic a l  s ituation  and not just  to 
fact. There may be attempts to use 
or c iv i l  action, but the court and 
attempts to prejudice an o f f ic e r 's

3111.6. Procedures after use of deadly force or firearms discharge^

a. Notif ication. Whenever-a police o ff ice r  uses deadly force or 
discharges a firearm except at an approved range, he w ill notify  or cause 
to be notified as soon as time and circumstances permit.

.(1) His^immediate on-duty supervisor; and

r (2) An on-duty s ta f f  o ff ice r  of his d iv is ion  with the rank of 
Lieutenant or higher, or i f  an o ff ice r  of the required rank i s  no ton  duty • 
in the o f f ic e r 's  d iv is ion ,  the o ff ice r  w ill  notify  the on-duty D iv is ion  
Commander of the Bureau o-f Field Operations and

(3) I f .an injury is  caused by the application of deadly force, 
h is Bureau.Chief or h is representativf., wi 11 be notified.

1340



GEN'ERAL ORDER #3-75 Page 4 January 23, 1975

b. Report. Whenever a police o ff ice r  uses injury-producing force or 
discharges a firearm, except as provided under 311U<3b, he w ill  submit a 
detailed written report of a ll  the circumstances or the action taken through 
the chain of command to the Chief of Police. I t  is  incumbent on every police 
o ff icer who uses a firearm or any means of deadly force to completely and 
concisely report a ll the facts in the terms of the written policy and the law.

c. Investigation. Each use of deadly force or firearm discharge w ill 
be personally investigated by an on-duty o ff ice r  with the rank of Lieutenant
or higher, or i f  an o ff ice r  of the required rank i s  not on duty in the o f f ic e r 's  
d iv is ion ,  an on-duty Command Officer in the Bureau of Field Operations shall 
make the investigation. When great bodily injury or death i s  involved, the 
o ff ice r  shall surrender to the investigator any and a ll weapons used in the 
incident, which weapons the investigator shall book into property. After 
conducting a thorough investigation of the circumstances, the investigating 
o ff ice r  w ill submit a detailed written report to the Chief of Police through 
channels including d isposit ion  of weapons, a ll  observations and conclusions, 
and evidence to indicate that the involved o f f ic e r 's  constitutional r ights  
were protected.

d. Fa ta lit ie s.

(1) The investigator of any action taken by a police o ff ice r  
resu lt ing  in the death or the great like lihood of death of any person w ill 
immediately report the incident to the involved o f f ic e r 's  Bureau Chief or 
his representative. Subsequent notif icat ion  w ill be made by or on behalf 
of the Bureau Chief to the Office of the Chief of Police. The Office of 
Chief of Police w ill notify the City Manager, the Mayor, and the Vice-Mayor. 
Detailed written reports of the action w ill be forwarded as soon as possible 
to the Office of the Chief of Police.

(2) Upon the completion of necessary reports, the police o ff ice r  
involved in an action resu lt ing  in the death of any person maybe placed on 
administrative leave. Administrative leave i s  defined by Section 2041.6 SJMC. 
I t  is  granted by the City Manager when he deems i t  necessary for the good of 
the service.

c

When reasonable cause ex ists to believe that any o ff ice r  
or employee of the City has engaged in any conduct that may 
expose him to d isc ip l ina ry  action, or that he may be unfit  
fo r  duty because of medical, psychological, or any other 
reason.........

The Chief of Police or his designate may act on behalf of the C ity Manager 
and in it ia te  administrative leave on an emergency basis.

Robert B.- M^rf^hy
Chief Pol ice

350



CITY OF SEATTLE 
DEPARTMENT OF POLICE

Subject; Rules of Conduct 
Effective Date; 10/16/72 
Amends; Chapter 2,03

OFFICE OF THE CHIEF 
DATE ISSUED; 10/16/7 2 

GENERAL ORDER NUMBER 72-16

Expiration;
Rescinds; General Order 122,

70-19, 70-22, 70-23,
70- 25, 70-26, 70-27,
71- 1, 71-10, 71-18

Manual Chanter 2.03, Rules of Conduct, is hereb7 amended to incorporate 
applicable" general orders, to update various rules of conduct, and to 
transfer to "General Personnel Matters" (chapter 2.01) and to "Reporting and 
Investigating the Use of Physical Force" (chapter 3.15) information which does not 
establish standards of conduct,
A single asterisk (*) in the right hand margin indicates a sentence only is 
affected,
A double asterisk (-̂*) indicates a paragraph has been materially affected.
A triple asterisk indicates an entire manual section has been significantly
affected.
Provisions of this order as per the attached copy shall be incorporated into 
all Seattle Police Department manuals.

By Order of;

S ^ ? 2GECRGE'̂ . TIELSDH 
Chief of Police

1351



2 . 0 3 . 0 7 0 RULES OF CONDU CT

to talcing the proper ac t io n  in r e sp o n se  to c i t i z e n s '  r e q u e s ts  regarding 
p ro tec t ion  of life and property .

O ff-duty  members a t  the  sc e n e  of  a po lice  inc iden t a re  required  to provide 
a s s i s t a n c e  and p ro tec t ion  c o n s i s t e n t  w ith  the  c i rc u m s ta n ce s  and to 
in i t ia te  ad d i t iona l  po lice  a c t io n ,  if requ ired .

No member of the S ea t t le  Police Department w il l  be e x p e c ted  to p lace  his  
life  in jeopardy in  order to d isc h a rg e  a po lice  re sp o n s ib i l i ty  while  he is 
o f f-du ty  and unarmed.

2 .0 3 .0 7 1  Firearms and Id en t i f ic a t io n ,  When Carried
When members are in public  w ith in  the c i ty  lim its  of S e a t t le ,  *** 

they  w il l  carry  o f f ic ia l  iden t i f ica t ion  a s  a member of the Seattle  Police 
Department and w ill  be armed in com pliance with  the  following ru le s ;

1. Whon On-Dtitv
Members w il l  be arm ed , e x c e p t :

a .  When in the Jail and not d irec ted  to be  armed th e re in ,  or

b .  When par t ic ip a t in g  in r e c re a t io n a l  or tra in ing  a c t iv i t ie s  w hich  would 
make being  armed im prac t icab le .

2. When Off-Duty
Members w il l  be armed ex c ep t  when they  find it  inconven ien t  to be  armed 
b e c a u s e  of the  nature  of the ir  a c t i v i t i e s .

3. Members w il l  no t,  a t  any  tim e, be armed w hile  s u b s ta n t ia l ly  a f fec ted  by 
a lcoho l  and in pub l ic .

2 . 0 3 .0 8 0  Firearms U se  Regulations
Before re so r t ing  to  the u se  of f irearm s,  every  other r e a so n a b le  means 

o f  apprehending  s u s p e c t s  must be e x h a u s te d .  No officer  w ill  be ce n su red  if a 
s u s p e c t  is  not app rehended  when a l l  methods shor t  of the u se  of firearms have 
b ee n  ex h a u s te d ,  and the u se  of firearms is  not deemed by the off icer  to  be 
a d v i s a b l e .

1. D ischarge of Firearms
An officer  sh a l l  not d ischarge  firearms in the  performance of his  po lice  
d u t ie s  o ther  than  for p rac t ice  or tra in ing  in a ta rg e t  range or o ther  au th o r­
ized  lo c a t io n ,  e x c e p t  under the  following c i rc u m s ta n c e s :

a .  For the  p ro tec t ion  of l ife ,  an  o ff icer  may d ischarge  firearms when 
n e c e s s a r y  in the  d e fe n se  of h im self  from dea th  or se r ious  injury or 
when n e c e s s a r y  in the  de fe n se  of another  person  unlawfully  a t ta c k e d .

R e v .G . 0 . 7 2 - 1 5 ,  10/72

1352



?.n3.oso

from death or serious injury.

b. o / s  'fotiow.

ing listed "inherently dangerous felonies . ^

Murder .._Burglary::- •
Manslaughter Kidnaping
Mayhem Arson
Felonious Assault Rape 
Robbery Bombing

him at the time that the suspect committed .

victed of a felony.
u to kill a dangerous animal or to hill an

d. Firearms may be used humanity requires its removal from
animal so badly not practical to secure the

.h. consol Division loi lh« porooso.

os O w o„ln ,. nos In anv » lsO .™ o»- »
gross misdemeanor case.

3. Weapons wav change the mechanism of department-
No member sh^l modify ®  ̂ approval of the Administrative Se^ices
issued weapons without ĥe wntten P̂ P̂ ^̂  ̂assigned to the Outdoor Range

o^T o^^^’Room qualified to work on weaponry.
f

o to l M„s.U  .  o .h« »oosP. p.ssons .o „  

a s s a u l t .  ,

«soso l s .„ a » .r s  sliou
r~r"lUo.s.PO.»s..n— 1.

2 .

.353



Your City, Seattle
Office of the Mayor Charles Royer. Mayor

January 31, 1978

Public Safety Committee 
City Council 
City of Seattle

D)Ee
jam  3 1 1970 

RANDY REVELLE
SEATTLE CITY COUNCILMAN

Subject: Police Use of Deadly Force
Honorable Members:
Police shooting policies have been the subject of a great deal 
of public debate in recent years. The use of deadly force has 
disrupted relations betv/een the police and many communities, and 
has caused confusion among the law enforcement officers who re­
ceive mixed signals about their obligations and their limits.
Because it so greatly affects public and police safety and 
respect for law enforcement, Seattle's shooting policy must 
be determined by accountable public officials. As the elected 
Mayor, and as the chief lav; enforcement officer in this city, I 
have the responsibility to put a nev; policy into effect, and 
to make certain it works. Therefore I have a great interest in an 
approach that is easy to understand and carry out, and one that 
has the best overall protections for citizens and police officers.
There are many aspects to a deadly force policy, but the key issue 
before your committee at this time is v;hen police can fire at human 
beings. I support the following rule:

An officer may discharge a firearm:
To defend himself or herself, or another person, 
from v;hat the officer reasonably believes is an 
inunediate threat of death or serious injury, when 
there is no apparent alternative.

The Proposed Policy Is Simple to IJnderstand and to Apply.
The police officers with v;hom I have spoken are concerned, more 
than anything else, that v/e set out a policy that is clear and 
easy to implement. They believe, and I am confident, that our

1354
C it y  o f S e a tU «  — O flic©  of t h r  M . iy o f — l ? U i  P lo o r  M u rx c ip a i  OtiiUlintj, W n slH n fjion  (20fi» r?f> -4 0 O O



Public Safety Committee -2- January 31, 1978

law enforcement people will effectively carry out a rule when 
they stop getting contradictory signals cibout what the rule is.
The policy supported by the previous Mayor, and the one suggested 
earlier by the Office of Policy Planning is confusing and will 
result in mistakes, criticism of the police, and legal disputes. 
It requires the officer, in a split second, to judge v;hether a 
fleeing person is armed, is armed with a deadly weapon, may in­
flict serious harm with that weapon, or has committed, or has 
attempted to commit, a crime that is a felony, cind in particu- 
law one of a particular class of felonies v;hich "could result or 
could have resulted" in serious injury or death.
That is a great deal to expect in a severe stress situation, from 
even the most experienced officer.
It is much simpler for an officer to decide that someone is about 
to attack him or another person, and that deadly force is the 
only way to protect his life or the life of a victim.
The Proposed Policy Will Decrease Criticism of Police and 
Legal Challenges.
Because the policy I propose is more restrictive than the cur­
rent one, officers will use tlieir firearms less often. This 
will result in fev/er situations v;here the police in general, 
and individual officers, are criticized for "overstepping" 
their bounds. This v/ill result in fewer lawsuits against the 
City for improper use of force, both because of the lower gross 
number of police shooting incidents, and because officers will 
have a simpler standard to follow.
In a legal opinion dated January 24, 1978, the Law Department 
suggested that a more restrictive policy (in that instance the 
OPP-recommended approach) might increase the City's tort liabil­
ity. The opinion says that a problem could arise v/here an 
officer follov7s the old regulations, shoots in a "vjrong" situ­
ation, and the nev/ guidelines are used in court as evidence 
against the police and the City. The problem with this argu­
ment is its assumption that officers v/ill not follov; the nev;

, policy. I have confidence in the intelligence and judgment of 
our police and believe they can apply the new rules v/hatever 
they are.
The Proposed Policy Ensures Protection for the Police and 
the Public.
There is no evidence that shooting policies affect the inci­
dence of crime, escapes, or attacks on police. Policies similar 
to the one I propose are followed in Kennewick, Kelso, Longview

1355



Public Safety Committee -3- January 31, 1978

and Des Moines, also by the Federal Bureau of Investigation. 
There is no consistent impact of their policies on crime rates. 
I can predict, however, that the suggested approach v;ill im­
prove police relations v/ith the community, and thus will result 
in better law enforcement. I am ready to commit the training 
resources necessary to ensure that the policy v/orks. When 
implemented, it will reduce confusion for officers, reduce injury, and will decrease the likelihood of legal challenges.
It will best serve our citizens, the police, and the City, and I ask for your support.
Sincerely,

Charles Royer 
CR:hsl

'-A

cc: All Council members

1330



w . ' 2 - 5 ^ ' ^
i]/ -

M A N U A L  

of the
M ETRO PO LITAN PO LICE B E P A R T ilE N T

of the
D istrict of Columhia

A pproved by tiie City Council 

D istrict of Colnnibia on Ju n ca iy  4, 1S72 

E ffective on and after January 14, 1972

m

1357



10 Chapter II
2 3  Badges, Cap Plates, Idenlificarioa Cards and Revolvers

2 .3 :1 ilen ibers of the force, when off duty any place in the D istrict 
of Columbia, except in their residences, shall carry their badges, 
identification cards and service revolvers at all times.

2 .3 :2 TThen off duty and not in full uniform, members of the force 
shall wear their service revolvers in such a manner as to conceal 
them from view.

2.3:3 Provided, however, that members o f  the force admitted to 
hospitals for treatment while in an off-duty status shall leave their 
service revolvers in a safe place at home or surrender them to an 
official of this department for safe keeping during their hospital 
confinement and, provided further, that members of the force ad­
mitted to hospitals for treatment during the course of a tour o f  
duty shall surrender their service revolvers to an official of this 
department for safekeeping during their hospital confinements, 
and provided further, that, when a member of the force is under 
professional care of a member of the Board of Police and F ire  
Surgeons, and when, in the opinion of such Board ^Member, an 
officer should be relieved o f the immediate possession of his 
service revolver, such officer, upon direction of such Board Ilcm - 
ber, shall forthwith surrender his service revolver to the police 
official on duty at the Police and F ire Clinic or, if  at a place other 
than the Police and Fire Clinic, to an official of this department. 
Service revolvers so received shall be forwarded for safekeeping  
to the commanding officer of the district, bureau or division to 
which the officer is attached.

2 . 3 -A In each instance in which an officer surrenders his service 
revolver upon direction o f a member of the Board o f PoHcc and 
F ire Surgeons, the Adm inistrator of the Police and F ire Clmic 
shall submit a written report to the Chief of Police at the earliest 
practicable time.

2.3:5 .. "When members of the force sever their connections with the 
department they shall deliver to their commanding officers their 
revolver, badge, identification card and cap plates at the expiration  
of their last active tour of duty. They shall also rotium. to the 
Property Division all government property iss^^ed to them. A ll 

^■'’articles of uniform must be in a clean and sanitary condition.

2.4 Use of Firearms and Other Weapons 
2.4:1 I t is hereby declared that:

(a) I t is the policy of the M etropolitan Police Department that 
each member of the department shall in all cases use only  
the minimum amount of force which is consistent w ith the 
accomplishment of his m ission, and shall exliaust every other 
reasonable means of apprehension or defense before resort­
ing to the nse of fireaim s.

125} ^



Chapter II 11
(b) No member o f the M etropolitan Police Force shall discharge 

a firearm in the performance of police duties except under 
the follow ing circumstances:
(1) To defend him self or another from  an attack which the 
officer has reasonable cause to believe could result in death 
or serious boJilv in ju iy.
(2) To effect the arrest or to prevent the escape, when every  
other means of effecting the arrest or preventing the escape 
has been exhausted, of a person who has committed a felony  
or has attempted to commit a felony in the policem an’s pres­
ence, or when a felony has been committed and the police­
man has reasonable grounds to believe the person he is at­
tem pting t.o apprehend committed the felony; nrovided. that 
the felony for which the arrest is sought involved an actual 
or threatened attack whicn the otneer has reasoiiauie cause 
to believe cor.ia result in death or serious boauy inju r y : anci~ 
provided^further. that the lives of innocent persons w ill not 
be endangered if  the orncer uses his firearm.
C3)~To kill a dangerous anininl or one that is so badly injured  
that hmnaiiity requires its rem.oval from further suffering.
(4) For target practice or competition on an approved  
range.

(c) No member of the bletropolitan Police Force shall discharge 
his firearm under the follow ing circum stances:
(1) A s a warning.
(2) A t or from any m oving vehicle except when the officer 
is justified in firing under Sections 2 .4 ;l(a )  (1) and 2 .4 :l(b )
(2) and the officer has no cause to believe that any innocent 
person will be injured as the result of firing at or from  
such m oving vehicle.
(3) In any felony case which docs not involve an actual or 
threatened attack which the officer has reasonable cause to 
believe could result in death or bodily injury.

• (4) Li any case involving a misdemeanor offense.
(d) No mLcmber of the iJitetropolitan Police Force, in the normal 

exercise of !us responsibility ns a police officer, shall carry, 
use or discl’.arge any firearm or other weapon except those 
is.sued or appiovcd for use by the M etropolitan Police D e­
partment under general order of the Chief of Police.

2.4:2 A ny member of the force shall:
(a) When he uses any weapon, other than a firearm  issued for 

use by the Metropolitan Police Department, rc]iort the inci­
dent to hi.s commanding officer no later than the conclusion 
of the tour of duty in which tlic incident occr.rs. The com­
manding officer shall make a tiiorough investigation ami, 
his discre'rioi:. forward a report of the incident to the Chief 
of Police.

^ 5 . n



(b) A ny member of the force who discharges a firearm cither 
accidentally or in the performance of duty shall file a w rit­
ten report of the incident with his commanding omcer and 
with the Chief of Police within 24 hours. .The Chief of P o l^ ^  

promptly advise the Mavor-Commis^iQ;:£I- ot the inci- 
denti The commanding ofiicer shall, as soon as possible, 
conduct a thorough investigation of the circumstances sur­
rounding the discharge of firearms and shall submit a de­
tailed written report of the results of the investigation an 
H s conclusions as to whether the discharge was justified and 
his recommendations to the Chief of Police. Tne_Clli®—P 
Police shall advise the IMayor-Commissioner as to the R e­
sult of the investigation and anv disciplinaiy action, taiteu 
against the oolice Juicer as a result ot the digchange oi a 
firearm. I f the police officer who discharged his firearm is 
hilled or incapacitated his supervisor is responsible for nl- 
ing the initial report.

(c) iMembers of the force whose use of firearms or other weapons 
results in the death of another w ill be automatically placed 
in off-dutv status (w ith fu ll pay and allowances) pending  

• investigation of the circumstances surrounding the. death.

22 Chapter H

2.3 Outside Employment
•■>5 4  Members of the force shall not engage in'any line of busi­
ness where such action w ill in any manner, directly or indirectly, 
hitei-feriwith the proper and effic ient performance oi pohee du4 , 
nor shall members of the force engage in competitive bidding to 
furnish eitlicr labor or m aterials or both, or m such mannei as 
to constitute unfair com petition wuth the normal civilian m aiket 
for either labor or materials.
2 .3 :2 ’Nfemhers of tlie for-?o shall not perform at any time foj_ 
v’a^e ff .n o j ft. ov otl'cr oomnensalions any w o n t  or servicê
■>r an'v clmnicter for anv person, firm, or corporation otaer I L ^  
>hnt m iuirod bv their ouicinL position m tae puiice uepaitm ...it 

wr.rk- 'vul. .I,n-vllr ...■ .mlux.crl'-, a i.or.ore I S i  
.'rn » .r  ami i.-.-rforman.-o o f i.olicc du.y, nor S-i,m

rh.. forc^ ■ imago in comu c i i r i b i d d i n g  to turnisu cither b u y i
or material or in such manner as to con.-t.itnt.3 n n la i^  
^ n u o tit io u  with the normal civilian m arket for jn ther labo_i_ or_ 
materials.

1300



W ashington, D . C .

(Kenneth L. Crosson, Deputy General Counsel,
Metropolitan Police Department)

Of the niBe cities surveyed. Washtostou had the fourth highest crinuual homi­

cide rate, the third highest aggravated assault rate, aud the lowest rate oi assaults 

oapouce officers. Also, fltere was one police death iu 1973. atd one cimlian death 

iu 1972-73. The Use of Service Weapons Review Board pubUshes annual statistics  ̂

on all firearms discharges and the results of the incidents: 1970 had 133 incidents ' 

invohing firearms discharges, 1971 had 163. 1972 had 129. and 1973 had 103. _  ,

The Washington. D.C., regulations governing the use of deadly force by_ 

revised by die CIW Council in J a n u a r y ^ at which ttme

p o u e a d e p a g m e n ^ ^  —

of a fleeing felon̂ the noUoe officer is authorised to use deadly force only in co^o-

,̂ «̂ ^felonies which involve an actual or threatened attach :vhich th.e of£ioer_ 

^ r r r Z ^ u s e  tobeilve could̂ lt m  death or serious bodily injurŷ

addition, that regulation flatly prohibits the firing of warning shots. ... To 

prevent escape of a fleeing felon when all other means of apprehension are exhausted, 

tta officer may use his weapon in the case of arson or attempted arson of an 

occupied strtichare. but not of an unoccupied strucmre; in the case of a rape or 

assa.ilt with intent to commit rape; in the case of an armed robbery or robbery

1361



and Other Weapons

4-1 It is hereby declared that:
' It is the policy of the I^Ietropolitan Police Department that 

'  each member of the department shall m aU cases use only 
the minimum amount of force which is consistent with the 
accomplishment of his mission, and shall exhaust every other 
reasonable means of apprehension or defense before resort­
ing to the use of firearms.

(bj iNo memoer or tne riletropouran roiice j? orco snaii niscrmrge 
a firearm in tlie performance of police duties except under 
the following circumstances:
(1) To defend himself or another from an attack which the 
officer has reasonable cause to believe could result in death 
or serious bodily injury.
(2) To effect the arrest or to prevent the escape, when every 
other means of effecting the arrest or preventing the escape 
has been exhausted, of a person who has committed a felony 
or has attempted to commit a felony in the policeman’s pres­
ence, or when a felony has been committed and the police­
man has reasonable grounds to believe the person he is at­
tempting to apprehend committed the felony; provided, that 
the felony for which the arrest is sought involved an actual 
or threatened attack which the officer has reasonable cause 
to believe could result in death or serious bodily injury; and 
provided further, that the lives of innocent persons will not 
be endangered if the officer uses his firearm.
(3) To kill a dangerous animal or one that is so badly injured 
that humanity requires its removal from further suffering.
(4) For target practice or competition on an approved 
range.

(c) No member of the iMetropoUtan Police Force shall discharge 
Ills firearm under the following circumstances:
(1) As a warning.
(2) At or from any moving vehicle except when the officer 
is justified in firing under Sections 2 .4:l(a) (1) and 2.4:l(b)
(2) and the officer has no cause to believe that any irnccent 
person will be injured as the result of firing at or from 
such moving vehicle.
(3) In any felony case wliich docs not involve an actual or 
threatened attack which the officer has, reasonable cause to 
believe could result in death or bodily injurj*.
(4) III anj' case involving a misdemeanor offense.

(d) No member of the IMetropoUtan Police Force, in the normal 
exercise of his responsibility as a police oflicor, shall carry, 
use or discharge any firearm or other weapon except those 
issued or appi'ovcd for use by the }iIetropolitan Police De­
partment under general order of the Chief of Police.

2.4:2 Any member of the force shall:
(a) Â Hien he uses any weapon, other than a firearm issued for 

use by the Metropolitan Police Department, report the inci­
dent to his commanding officer no later than the conclusion 
of the tour of duty in which the incident occurs. The com- 
TTuinding officer shall make a thorough investigation and, in 
his discretion, forward a report of the incident to the Chief 
of Police.

^
w  O



CltAlTF.K II

(b) Anv membor of the force who discharges a firearm eithci 
accidentally or in the performance of duty shall file a writ­
ten report of the incident with his commanding officer and 
with the Chief of Police within 24 hours. The Chief of Police 
shall promptly advise the Atayor-Commissloner of the inci­
dent. The commanding officer shall, as soon as possible, 
conduct a thorough investigation of the circumstances sur­
rounding tlic discharge of firearms and shall submit a de­
tailed written report of the results of the investigation and 
his conclusions as to whether the discharge was justified and 
his recommendations to the Chief of Police. The Chief of 
Police shall advise the Mayor-Commissioner as to the re­
sult of the investigation and any disciplinaiy action taken 
against the police officer as a result of the discharge of a 
firearm. If the police officer who discharged his firearm is 
killed or incapacitated his supervisor is responsible for fil­
ing the initial report.

(cl Alembers of the force whose use of firearms or other weapons 
results in the death of another will be automatically placed 
in off-duty status (with full pay and allowances) ponding 
investigation of the circumstances surrounding the death.

( )

1363



jl• I
il

d

. ( i

aj2$EHl2-U=Z U3'A5H.3.C
^  ( l y  On January U, 1972, the District of Columbia City Council approved

' a new firearms policy for the police department which went into effect ten

days later. Although police firearms use had previously been regulated by /< ^ t z .  

the general law code of the District, the new policy (printed in the de- 

partment manual) went further toward restricting the use of weapons by 

police.

( S )  The department manual also contains a generallS stateiaent on the use

of weapons, a statement contained in Chapter K  under the heading "General

Principles of Law," This general statement reads as follows:

The circumstances under which a policeman may use his 
service revolver are set forth in the manual. Shooting 
of another is a crime except when proven to be done as 
authorized by law. A police officer, sworn to execute 
the laws, should be doulijly careful. For if he should, 
through cowardice, passion, or malice, shoot at, wound, 
or kill another, he v;ould be guilty not only of violating 
the law, but also, of violating his oath of office(r). ??

Pi[ 1 7)  Those parts of the ctiigâ. manual which 1 y • iiibmi'h ^'i. state the policy 

begin by noting that District police officers should use minimal force in 

enforcing the law and that they should exhaust all other forceful

means before using a firearm.

©  Subsequently, the policy lists four sets of circumstances imasw. 

during which firearms use is permitted. Two of these, involving the

destruction of dangerous or wounded animals and practice on the firing 
range, are similar to provisions found in the policies of other departments.

The other two are -worth quoting for their distinctiveness. Theg fsrst permits 

a police officer to use a weapon—
/̂ rW«/e'3/9T/<r.

To defend himself or another from an attack which 
the officer has reasor.able cause to believe could 
result in death or serious bodily injury.

/O t/S E ,



The other permits weapons use-
oo-̂ t-t.^c.

(5)9,

To effect an arrest or to prevent the escape, when 
every other means of effecting the arrest or pre­
venting the escape has been exhausted, of a person 
v;ho has committed a felony or has attempted to comiait 
a felony in the policeman's presence, or when a 
felony has been committed and the policeman has 
reasonable grounds to be3d.eve t!ie person he is 
attempting to apprehend committed the felony, pro­
vided, that the felony for which the arrest is 
soi’.g)it involved an actual or threatened attack 
v;hich the officer has reasonable cause to believe 
could result in death or serious bodily injury; 
and provided further, that the lives of innocent 
persons will not be endangered if the officer uses 
his firearm.

'he cumbersome proviso just quoted is fortunately not matched by the policy
c

instructions given to n. officers which tell them vfhen not to use 

weapons. These include—

1. As a warning.

2. At or from any moving vehicle except when the officer is justified 

in firing under (the sections quoted previously) and the officer 

has no cause to believe that any innocent person will be injured 

as the result of firing at or from such moving vehicle.

'p/Za*i;Sir/6iiJs
OiO U s t ,

3. In any felony case v/hich does not involve actual or threatened 

attack which the officer h^s reasoaabla cause to believe could 

result in death or bodily injury,

4. In any case involving a misdemeanor offense.

In comf)arason v̂ith the D. C. code the provisions quoted above are ~ t^ 0 L iC '/

much more restrictive. The code, for instance, states without qualification
■ t̂vreicT-

that an officer may shoot at a fleeing felon when all other means of capture 

»  have failed, regardless of the felony. The policy, on the other hand, 

limits the felonies to those involvs.ng the threat or coramission of death 
or serious bodily injury.

(9



Concliision

O
U

The written firearms policy of the District of Coliimbia police 

department, the department's Use of Service Vfeapons Reviev/ Board, and 

training received at the Police Academy are all intended to restrict 

firearms use to clearly justifiable circumstances. And for the most 

part those restraints appear to be effective, notwithstanding the fact

that police shootings of civilians were higher in 197h than in 1973.
toH8!ci of the department ari^apî wiantlyMost of the officers Sm

convinced that weapons use is justifiable only when they themselves or

other persons Wctg are in serious jeopardy, Many criminals or wouldbe

criminals are apparently aware of the heavy restraints placed on D. C.

police, and it is not unknovm for S ,̂ ee\l|ing robbery suspects to turn

and face a police officer, knowing that even such an action will rarely
0

p r c a p t the officer to ehQ t,,---—

This policy of restraint has apparently caused some confusion within 

the department, hov/ever. 0n4e incident discovered during research for 

this project, for instance, involved an officer who came upon a robbery 

in progress and failed to use his v/eapon until the thief had attempted

to shoot the officer several times -with a misfiring weapon,

© was -
There ia, furthermore, a debate within the department as to when

in flight
an officer was permitted to shoot at an armed person^whom the officer knew 

to have committed a robbery. Some department officials contended that sxnce 

ii the person had committed a serious crime involving a threat to life the 

officer vfas entitled to shoot, provided no innocent persons were endangered.

Others, to the contrary, believed that the officer vrould be justified only 

if the fIeefniV»a®^niad actually harmed someone during the

crime. The cause, or causes of this disagreement are difficult to pinpoint, 

but it may be that written policy needs to be clarified.
The department also seemed to have a problem (of v/hich o ffic ia ls were /

well â vare) involving faulty use of firearms. In 1974, for instance, there 

were nine instances of apparently accidental discharges, five of them 

fo” oww vhe arrest of a suspect and four due simply to_careless weapons



■:e>c



. -.. ', Standard and Secondary 'iVeapons uJfihs+i 0 .

' ©  ■ The authorized on-duty v̂eapon for District police officers is  a

,3S-cal. revolver, vfith gun-barrel length dependent on rank. Officers
tc)<S/^hJS

>-
1a

P-

■•1

up to the rank of lieutenant carry four-inch-barrel revolvers, v.’hile 

lieutenants and other high-ranking o ffic ia ls , detectives, and plainclothes 

officers a ll carry revolvers vrith two-inch barrels. The only authorized 

araraunition is  standard 158-grain round-nose lead bullets.

In addition, a ll officers belov; the rank of lieutenant (except those 

on special assign-Tients) are re(|uired to carry an aerosol dispenser of 

chemicals used to disable and control persons who have S  committed or are 

suspected of having conimitted felonies. A General Order issued in 

September, 1974, states that "Members shall not use the dispensers unless 

the situation would also justify use of service revolver or batons."

While revolvers are issued to a ll personnel, and aerosol dispensers 

to tho/!se below the rank of lieutenant, shotguns are issued by the dc-

rriACfc.

^norc^ij%.

Lpartment^to i a select group of officers with the rank of sergeant and 

above.

Regulations of the department prohibit the carrying of second guns
'■—  iby personnel at «n levels, but informal discussion^with District police

officers revealed that some do carry secondary weapons without the knovdedge 

< or approval of their sup^eriors. V/hile it was impossible to determine 

just how widespread this practice is, it does appear thit ie-is confined 

to officers on the streets, particularly those assigned to one-officer 

walking or scooter patrol.

SdojOJi



PART 11: New York City
Police Department train­
ing materials on the use 
and non-use of deadly 
force

13GH



POLICE STU DEN T’S GU IDE - la w

■; DEFENSE OF JU ST IF ICA T IO N
TIRE OP PBTSTCAI. AHT> DFADLY PHYSICAL FORCE

o :

O *

G -

s

• • CAVEAT '* •

• The vise o f  fo r c e  a g a in s t  an o th e r  p e rso n  re p re se n ts  the  
m ost .se r io u s  in t r u s io n  p o s s ib le  on h i s  l i b e r t y  and h i s  p e r -  
son» Tou w i l l  be re q u ire d  to  know and be a b le  to  a p p ly  the  
co n te n ts  o f  t h i s  ch a p te r  b e fo re  you w i l l  be p e rm itte d  to  c a r ­
r y  a  f ire a rm .

> ■ • **
•vnTT UTT.T. -RE 'PERTT̂ T) EXTENSIVELT ON THE MATERIAL CONTAINED IN
m s 'c s m E g :-----------------------—

INTRODUCTION

J u s t i f i c a t i o n  i s  a de fen se  to  an o f fe n se .  L e g a l ly  speeik- 
' in g j  a de fense  i s  a s e t  o f  c ircu m stan ce s  in  w hich  a p e rso n  

a d m its  he has com m itted an o ffe n se  b u t  a t  the  same tim e s t a t e s  
t h a t  he com m itted i t  under c irc v m sta n c e s  w hich  J u s t i f i e d  h i s  

: a c t io n s » I f  th e  e x is te n c e  o f  s p e c ia l  c ircvu n stan ce s, w hich  
w ould  J u s t i f y  the a c t io n i  i s  n o t  d isp ro v e d  beyond a re a so n a b le  
doubt b y  the p r o s e c u t io n » the  de fendant sh o u ld  be found  to  
have ac te d  p r o p e r ly  C w ith in  the  J u s t i f i c a t i o n  s e c t io n  o f  the  
P e n a l Law) and sh o u ld  be exonerated .

The de fense  o f  J u s t i f i c a t i o n  ap p ro v id e d  in  the  P e n a l 
Law was d e s ign e d  to  in c lu d e  the  a c t io n s  o f  b o th  c i v i l i a n s  and 
peace o f f i c e r s .  W h ile  the s t a tu te  i s  d iv id e d  in t o  s e c t io n s  
w hicn  a p p ly  to  c i v i l i a n s  and peace o f f i c e r s  s e p a r a te ly ,  an y -  
t h in g  th a t  r e la t e s  s p e c i f i c a l l y  to  c i v i l i a n s  a l s o  a p p l ie s  to  

- - , peace o f f i c e r s ,  b u t  the re v e rse  i s  n o t  t ru e .  Po licem en  ^ e  
h ir e d  to  en force  th e  law.. Because o f  t h i s  f a c t ,  the L e g i s -  

- la tu re - gave them t o o l s  w hich wovild p e rm it them to  do t h e i r  
Job e f f e c t iv e ly .  To arm the c i v i l i a n  w ith  the  same powers 
w ould  b e  to  d im in ish , th e  r o le  o f  the  p o l i c e .

D E F IH II IO N  OF TERMS

. 3n o rd e r  to  have a  c le a r  u n d e rs ta n d in g  o f  the  law  in  r e -  
, ga rd  to  the  J u s t i f i e d  use  o f  p h y s ic a l  and d e a d ly  p h y s ic a l  

fo r c e  you MUST KNOW the  fo l lo w in g  d e f in i t io n s  and be a b le  to  
■■■■j re e o gn iz e  them i n  a  f a c t u a l  s i t u a t io n :

DEADLY PHYSICAL FORCE D e ad ly  P h y s ic a l  Force  means p h y s ic a l  
f o r c e  w hich  under, the  c ircu m stan ce s i n  w hich  i t  i s  u sed  i s  
r e a d i l y  cap ab le  o f  c a u s in g  d e ath  o r  o th e r  se r io v is  p h y s ic a l,
in j u r y .

• .  *

PHTSICAL FORCE P h y s ic a l  Force  i s  th a t  fo rc e  n o t am ounting to  
d e a d ly  p h y s ic a l  f o r c e .

■ SERIOUS j^ Y a lC A L  INJURY S e r io u s  p h y s ica il in j u r y  means p h y s ic a l  
in^fury which, c re a te s  a  s u b s t a n t ia l  r i s k  o f  death , o r  w hich

NEW YORK CITY POLICE DEPARTMENT Ch. 20 1



A- ̂  • .' « •■•
- . ' ' -  *

ca u se s.d e a th  o r  s e r io u s  and p ro t r a c te d  d is f ig u re m e n t ,  p ro ­
t r a c te d  im pairm ent o f  h e a lth  o r  p ro t r a c te d  l o s s  o r  im pairm ent 
o f  the fu n c t io n  o f  any b o d i ly  o rgan .

PHYSICAL INJUHT P h y s ic a l  In ;j iiry  means im pairm ent o f  p h y s ic a l  
n  : .u .conditj-on o r  s u b s t ^ t i a l  p a in .

BU ILD IN G  B u i ld in g ,  i n  a d d it io n  to  i t s  o rd in a ry  m eaning, i n -  _  
eludes" any s t r u c tu r e ,  v e h ic le  o r  w a te rc ra f t  u sed  f o r  o v e rn ig h t  

- lo d g in g  o f  p e rso n s ,  o r  u sed  b y  p e rso n s f o r  c a r r y in g  on b u s i -  
- n e ss  th e re in  or~ an e n c lo se d  m otor t ru c k ,  o r  an e n c lo se d  m otor 

•r;::' ‘ t r u c k 't r a i l e r .  '

POLICE STU DEN T’S GU IDE - la w

■ -ry-- • BVfErJjlNG D w e ll in g  means a b u i ld in g  w hich i s  u s u a l ly  occup ied  
by a  person, lo d g in g  th e re in  a t  n ig h t .

PERSOH-----L ice n se d  o r  P r iv i le g e d  A pe rson  l ic e n s e d  o r  p r i v i ­
le ge d  to  be i n  a b x i i ld in g  o r  upon p rem ise s in c lu d e s ,  b u t i s  
n o t l im it e d  to ,  peace o f f i c e r s  a c t in g  in  the  perform ance o f  
t h e i r  .d u t ie s .

• • •  •

. ■ v < - '.I J

..

* ■ ■ V,.: -
V ••

> D ISCU SS IO N  OF THE WORD: "N E C E SSA Ig " In  any d is c u s s io n  o f  the  
■ law  of. ( j u s t i f i c a t io n  i n  re g a rd  to  the xise o f  p h y s ic a l  o r  dead­

l y  p h y s ic a l  fo r c e ,  the  word "N e ce ssa ry " must remain, upperm ost 
' i n  y p u r  m in d s.

B e fo re  u s in g  a n y  fo rc e  a g a in s t  ano ther p e rso n  you must a sk  
y o u r s e l f  " I s  the fo rc e  I  am about to  use  n e c e ssa ry  to  accom­
p l i s h  a  la w fu l  g o a l ? "  T h is  q u e s t io n  MUST be answered Yes b e - [ 

•- f o r e  you can use  any  k in d  o f  fo rc e  a g a in s t  an o th e r  pe rso n . I f  
the answ er i s  NO, th en  fo r c e ,  p h y s ic a l  o r  d e a d ly ,  i s  no t ( ju s t i­
f i e d .  ■

.o... ....

. ' A. p o l ic e  o f f i c e r  i s  an in d iv id u a l  who h as been w e ll  
t r a in e d  in  a l L  ph ase s o f  p o l ic e  work. He i s  expected to  make 
c o r r e c t  (judgements and d e c is io n s  in  f r a c t io n s  o f  a second.
These d e c is io n s  m ust be based  on v a l i d  l e g a l  a u th o r it y .  When 
i t  comes to  u s in g  d e a d ly  p h y s ic a l  fo rc e  no one can make the  
d e c is io n  w hether to  sh o o t o r  n o t f o r  the  o f f i c e r ,  'ilie p o l ic e  
o f f i c e r  in  Am erican s o c ie t y  sh o u ld  ALWAYS a c t  a s  a rea so n ab le  
man and base- h i s  a c t io n s  on h i s  com plete and accu ra te  k n o w le d g e ^  
o f  thtf law .

t.

r The f a c t  th a t  the  law  s t a t e s  th a t  d e ad ly  p h y s ic a l  fo rce  
.^may b‘e used does n o t command the  pe rso n , be he peace o f f i c e r  

o r  c i v i l i a n ,  to  xise i t .  I t  m ere ly  s t a t e s  you  MAY use  i t  i f  
i t  becomes n e c e s sa ry  and i s  o th e rw ise  ( ju s t i f ie d  under the c i r -  _  

:.c&’ .'.rcumst^ces. r v

v.̂ .: " . P e n a l Law p ro v id e s  th a t  conduct w hich wotild o therw ise
■ c o n s t i t u t e  an o ffense- i s  ( j u s t i f ia b le  and n o t c r im in a l  when:

. : C0HJ17GT REQUIBED BY  JU D IC IA L  DECREE _

l. r S u c h  conduct i s  reqxiired  o r  a u th o r iz e d  b y  law  o r  by  a 
( ju d ic ia l  decree , o r  i s  perform ed b y  a p u b lic  se rv a n t  in  the  
re a so n ab le  e x e rc is e  of. h i s  o f f i c i a l  d u t ie s  o r  fx in c t io n s, o r

N EW  YORK CITY POLICE DEPARTMENT
1371

Ch. 20 2



‘ - Vt-v'

* t  •

• .v.' t ■•,>*.

HSCSSSAIiY n f  I P I E  OF D H a G M C T

2. Such conduct i s  n e c e ssa ry  a s  an emergency measure to  
a v o id  an imminent p u b lic  o r  p r iv a t e  in ju r y  w hich i s  about to  

? , occur  by  re a so n  o f  a_ s i t u a t io n  o cca s io n e d  o r  deve loped  
\ t h r o u ^  no f a u l t  o f  the  a c to r ,  and w hich i s  o f  su ch  g r a v i t y  
V*' ■ ■ th'a'& a c c o rd in g  to  o rd in a ry  s ta n d a rd s  o f  in t e l l i g e n c e  and 

-  m o r a l it y ,  the  d e s i r a b i l i t y  o f  a v o id in g  the in j u r y  sou gh t  
to  be p revented  c le a r l y  ou tw e ighs the c r im in a l  conduct i n -  

' ^,volve4.. T h is  i s  r e fe r r e d  to  a s the C ho ice  o f  E v i l s  d o c tr in e .

".̂ E-ifaynnle; Joe i s  o u t  w a lk in g  h i s  dog  and i s  p a s s in g  p ro p -  
er-ty w hich i s  fenced  and d e s ign e d  to  exclude  in t r u d e r s .
Her se e s someone s p la s h in g  in  a la k e  and h e a rs  c a l l s  f o r  

1;.;̂ -: h e lp »  Joe c lim b s  the  fence  and  re scu e s  the  d row n in g  v i c -  
tim.. .. '

, In  a  t e c h n ic a l  l e g a l  sense  Joe has com m itted the o ffe n se  
o £  C r im in a l T re sp a ss  i n  o rd e r  to  re scu e  the v ic t im .  T h is  
i s '  th e  ch o ice  o f  e v i l s  he was fa ce d  w ith .  Jpe f e l t  th a t  

. • in -o r d e r  to  re scu e  the v ic t im  he had to  commit the o ffe n se  
o f ’ C r im in a l T r e sp a s s .  The de fen se  o f  J u s t i f i c a t i o n  w ould  

' appTy to  Joe i n  the  above example and Joe w ould have th a t  
defense  a v a i la b le  to  him>

POLICE STU DEN T’S G U IDE - la w

V •
I. \

Another exam ple: Joe, a g a in  out w a lk in g  h i s  d og, comes
upon a p e rso n  who i s  h a v in g  a h e a r t  a t t a c k  i n  f r o n t  o f  the  
o n ly  house f o r  a c o n s id e ra b le  d is t a n c e .  The o n ly  te lephone  
w ith in  s e v e r a l  thousand  fe e t  i s  lo c a te d  in  t h i s  lo ck e d  house. 
Joe b re ak s  the  window and e n te rs  the house in  o rd e r  to  sum­
mon h e lp  Can am bu lance), b y  x is in g  the te le p h o n e . T h is  too  
i s  a -c h o ic e  o f  e v i l s  s i t u a t io n .  As b e fo re ,  the de fense  o f  
J u s t i f i c a t i o n  w ou ld  be a v a i la b le  to  Joe.

■ pHTSICAE I ’ORCE SP EC IA L  CASES

I n  some c a se s  the  law  c l a s s i f i e s  c e r t a in  grou p s o f  
peop le  and  c lo th e s  them w ith  s p e c ia l  a u th o r it y .  These 
c a se s  a re  i i s u a l l y  d e s ign e d  to  a f f o r d  p r o te c t io n  from  crim - 
in fll p ro se c u t io n  t a  a c e r t a in  c l a s s  o f  p e o p le .
-I ,V̂

site
►'i

... !• . V

, ■ ‘fh e  use  o f  p h y s ic a l  fo rc e  upon an o the r p e rso n  w hich
w ould  o th e rw ise  c o n s t it u te  an o ffe n se  i s  J u s t i f i a b le  and 

:te ;not *a c r im in a l  a c t, i n  the f o l lo w in g  s p e c ia l  c a se s :
, ■* jt'-
:^^t/PARENT OR GUAIIDIAIT '

r, paren t^  gu a rd ia n  o r  o th e r  pe rson  charged  w ith  the
■ i);. 080?.®'-3nd s u p e r v is io n  o f  a p e rso n  under the  age o f  21, o r

I - 3 incom petent p e rso n , and a te a c h e r  o r  o th e r  p e rso n  e n tru ste d  
'  w it li  the  care  and s u p e rv is io n  o f  a pe rson  under the  age 

'J.’ o f 'R l  f o r  a s p e c ia l  purpose  may use  p h y s ic a l  fo r c e ,  o th e r  
th a n .d e a d ly  p h y s ic a l  fo rce , upon such  pe rson  when and to  
the**extent th a t  he re a so n a b ly  b e l ie v e s  i t  n e c e ssa ry  to  main- 

: ^;i^tain. d i s c ip l i n e  o r  to  promote the  w e lfa re  o f  such  pe rso n .

NEW YORK CITY POL[p^.^fPARTMENT Ch. 20 3



POLICE STUDEN T’S G U IDE - la w

;V-

- r :

rv ^
: ■■

. ' » ■

'.'V ■ ;■
V '

rr:<

■J'/
*■ . ■ ' ;V-- 

"...

P - r  •' ... ;
■-n* -I

• V*
•• V

nr.

I

• E> iB  m e ^ s  th a t  a  ^ e l s o n l b l f
a minoi? o r  incom petent in  h i s  c a r -  07 u s 5
am ount-of p h y s ic a l  fo r c e .

- .  w ; i s s t  “ S  S L V S S S  s ‘ s
.. 7iQ la > io n  o f  p a r e n ta l  r u le s .

WABJEir OR J A IL  O FF IC IA L  O

■ " ■ ' ■' L  warden o r  o th e r  a u th o r iz e d  L i n t a i n ^ S r S r
• o r  c o r r e c t io n a l  i n s t i t u t i o n  degree th a t  i s  a u th -

■ ■ ■̂ '̂•" and d i s c i p l i n e  use  p h y s ic a l  fo r c e  to  tne aegree
■ ' o r iz e d  b y  the C o r re c t io n  Law.

■ ■■ fe-oognibiner.

- S t  fo rc e  to
m a-intain  o r d e r  and d i s c i p l i n e .

PPPqnTT. TTT CHABGE OF A CCaiMON CABRIER  

■ A. p e rso n  r e s p o n s ib le  f o r  the
; common c a r r ie r  o f  P®^®®5 f l l^ f o r c e % h e n ^ i id  to  the e x te n t th a t  

•in-iury;

■ a b ?y  b e l S ? e S i : / n e ? e s ^  d L ^ r o r '^ s I S io u s  p ^ s i -

c a l  in jx iry..

PPCTWPTfTG A SU IC ID E

A  p e rso n  a o t in s -u n d e r  a  t e a s o M b le

pre^rent death; o r  s e r io u s  p h y s ic a l,  in ;}u ry.

' d e a th .. •>

LICElfSED  P g IS IC IA lf

d u ly  l ic e n s e d  p h y s ic ia n  o r  a  pe rson  a c t in g  under h i s

n e w  YO RK CITY POLICE DEPARTMENT Cb. 20

'1-373 — ------- - -  -



POLICE STU DEN T’S G U IDE - la w

b e l ie v e s  to  be adapted  to  p ro m o tin g  th e  p l iy s ic a l  o r  m ental 
h e a lt h  o f  the  p a t ie n t  i f :

(a )  th e  tre a tm e n t i s  a d m in is te re d  w ith  th e  co n sen t o f  the  
.pati|?q,t o r t  i f  t h e .p a t ie n t  i s  under th e  age o f  18, o r  an  i n -
cosipetent p e rso n ,  w ith  th e  co n se n t o f  h i s  p a re n t ,  ^ a r d i a n  
o r  o th e r  p e r so n  e n tru s te d  w ith  h i s  c a re  and s u p e r v is io n ;  o r

(b )  th e  .treatm ent i s  a d m in iste re d  i n  an em ergency s i t u a t io n  
when "toe p h y s ic ia n  re s iso n ab ly  b e lie v e d  t h a t  no one competent

' t o  co n sen t c o u ld  be c o n su lte d  and th a t  a  re a so n a b le  p e rso n
w is h in g  t o  s a fe g u a rd  th e  w e lfa re  o f  th e  p a t ie n t  w ould con sen t. • •*4
To  yo u  i n  fliyg-fennH ing th e  de fe n se  o f  J u s t i f i c a t i o n ,  i t  
w i l l  h® h e lp f u l  i f  y o u  d iv id e  a  sequence o f  e ve n ts  in t o  two 

' s t a g e s :

. r > v '^  Rpevent o r  Term inate  S tage  

• A r re s t  S ta g e

Tou m ust a ls o  th in lc  o f  who th e  p e r so n  who i s  i i s in g  the  p h y s ic a l  
o r  d e a d ly  p h y s ic a l  fo r c e  i s .  The pow ers o f  c i v i l i a n s  d i f f e r  
f ro m -th a t  o f  peace  o f f i c e r s .

. IB IS IC A L  PQRCE: JKEVENT -  TEEm iHAIE STAGE

-s.- ■

•’1-

,;VV-

C I7 H IA y 8  — A  p e r so n  ca n  u se  p h y s ic a l  fo r c e  to  defend  h i s  p e r -  
-  so n  o r  to  d e fen d  th e  p e rso n  o f  a  t h i r d  p a r ty .  T h is  means th a t  

i f  someone i s  p h y s ic a l  fo r c e  a g a in s t  you  o r  someone e lse
y o u  ca n  u s e  p h y s ic a l  fo r c e  to  de fend  y o u r s e l f  o r  any o th e r  p e r -  
s o n  b e in g  so  a tta c k e d . .

How ever, th is r  r i g h t  i s  su b je c t  t o  c e r t a in  l im i t a t i o n s  w hich  
may c u r t a i l  th e  c ircu m stan ce s  where p h y s ic a l  fo r c e  c a n  be u se d .

<jA. c i v i l i a n  i s  J u s t i f i e d  i n  u s in g  p h y s ic a l  fo r c e  where someone 
ve lse- i n  x is in g  p h y s ic a l  f o r c e  a g a in s t  h im  u n le s s :

© V  i

’1 .  . h e  provoked  th e  o th e r  p e r so n  in t o  u s in g  p h y s ic a l  fo rc e  
w ith - th e  r in t e n t  t o  in ju r e  h im  o r  any o th e r  p e rso n .

• r him.

KLAfT lIZ: Joe approaches John w ith  the  in te n t  o f  p ic v o k in g  h im
t o  th e  p o in t  where John w i l l  punch him . I f  John does punch  
Joe and  Joe  u s e s  p h y s ic a l  fo rc e  t o  de fend  h im s e lf ,  Joe would  
n o t  b e  J \ is t i f ie d .  because  he p rovoked  John in te n d in g  to  in ju r e

_ ©
-■■i. -

• *■-'v'
v'‘ * ji-1. •

2 .  * ■ 'he s t a r t e d  th e  u se  o f  p h y s ic a l  fo r c e  a g a in s t  ano ther  
p e rso n  who i s  d e fe n d in g  h im s e lf .  I f  he com municates to  the  

, o th e r  p e rso n  t h a t  he i s  q u i t t i n g  b u t  th e  o th e r  p e rso n  does 
* .• not’-u top  t is in g  p h y s ic a l  fo rc e  a g a in s t  h im , he coxild th en  d e -

; fend  h im s e lf .  T h is  i s  because  once he communicated th a t  he  
was. w ith d raw in g  from  th e  f i g h t  and the  o th e r  p e rso n  c o n t in -  

f i ^ t ,  th e  o th e r  p e r so n  became th e  a g g re s s o r .
- . ■

oj 1374 Ch. AGE No. 5



•* ‘ t.-’tllV * - - *■;•*".;✓ . ‘r ■’

■%r •.>'

» --t

m i g l g : a  Joe. a « 0 -
Jolm continued anyway, Joe woî d ttien 

. S o ^ S if S d  S ^ W  pbyaicaa force to defend huaself.
"  ■ ..5 . . . t h e r o  was an  agreem ent o r  u n d e rs ta n d in g  to  f i g l i t  u n la w -

vTAMPTEt I f  Joe o r  Joha a gre e  to  etigage i n  combat 
a  Met ? i ^ t ,  t o e ^ e  o f  p t y s i o ^

’ ■ and John, d o x in g  th e  f i ^ t  w ou ld  n o t  bo  j u s t i f i e d .
r;r' "

ttrat. PROEEEfflY

r P h y s ic a l  force may be \iaed» idiere necessary, ^ en :
'  \  J L  nerson has reasonable cause to believe that ̂ e  use

■ t h f  Of the property.

.’ ■ E U n E E E r  'V o e  se e s  a  man b r e ^  the  ®
K u a T ^ t h  a  b a s e b a l l  b a t .   ̂Joe would be J ^ t i f x e d  i n  u s in g

• 'jphysica l- lo o x e  to  sto p  th e  i l l e g i l  a c t iv a t y -

• ‘ 2 A- person has reasonable cause to believe
■ ^ s i c ^ l S S c e  i s  n e c e ssa ry  to  t  ^

y , nnoi +T^RTjass o n  p rc m ise s .  However, th e  r i g h t  to  puy' *ical f o r S  under these circumstances applies
• e r  o f  th e  p ro p e r ty  o r  someone i n  c o n t r o l,

• otherwise licensed or p riv ileg ed  to  ®̂ is  deemed--nolice o ffic e r in  the. performance o f hrs duty ^  a e ^ ^
/ to b t iS e S ie d  “  priT lleSed fo r  the purposes o f th is  sec-

^7* • m U E L E t  Joe, a  te n an t on  a  p ie c e  o f  r e a l
e n te n te  fe M e d -e n c ^ s e d ^ p e ^ . ^ *  ^  necessary,

h r  S I I " ^ S ^ c f ^ ? e S t f t h e  c r i ^ ^ e s p a s ^
■ ? S l l t  iT J h :“ ? < ^ ^ rS l" c S lo ^ " S e 1& sio a l force to  p re- 
• vehtr o r tera in ate  the tresp ass.

t ^ r PEBfiOW^T/ PBQEEIgEY ^

___to  u se  p h y s ic a l  fo r c e  a g a in s t  ano ther when

- S | n “o ? t A ^ ^  “ i S ^  S S ^ h i l f  S  l e r s o n ^
^ ? f s .  J f ^ S ^ n S  Iroperty would be a te lev is io n  s e t, a car. 
clothing,,boolES,. jew elry, e tc . . - 4.

;. TrriLVfPLEi " J o e  cones home Q o S d ^ o u t ^ h is ^ f S n t  w in -
; i  o f  n is T io u s e .  A f t ^  g o in g  j £  jo e  ru n s  o u ts id e

dow and saw «Sevent o r t e r m in a t e  John from  s t e a l -
■ ^  l - e f t S e  l I S L e  of d u stifioation

. - w ould be  ..avai l a b le  t o  Jo e . 2q  pa g eMo. 6

1375

POLICE STUDEN T’S G U IDE - la w



■ B

\
\

\r ■ i ‘

>* » 
:* • ,

P H I3 IC A L  FORCE -  AEHEST STAGE

C I7 IL IA ]T S  The word " a r r e s t "  in c lu d e s  p re v e n t in g  an escape  
front, c u sto d y .

ly

V •• -•■■ t-A. c i v i l i a n  in  j u s t i f i e d  i n  u s in g  p h y s ic a l  fo r c e ;

to  a r r e s t  a n o th e r  p e rso n  when he ha s re a so n a b le  cause  
/ -  to  b e l ie v e  su ch  o th e r  p e rso n  com m itted an o ffe n se  and IN  
J , /-7 ?AGT Such  o th e r  p e rso n  has com m itted the  o f fe n se .

Joe se e s  John b re ak  in t o  a  parked  c a r  and s t e a l  a  
' * ta p e  deck . Joe wotild be j u s t i f ie d ,  i n  u s in g  the  amo\mt o f  

. p h y s ic a l  fo r c e  n e c e s sa ry  to  a r r e s t  John. I f  i t  tu rn s  ou t  
t h a t  John was the  owner o f  the  c a r  and tape  deck* then  Joe^

. •.■..' W ould n o t  have the de fense  o f  J u s t i f i c a t i o n  a v a i la b le  to  him  
. b ecau se  I N  PACT, John  h a d .n o t com m itted any o ffe n se .

. - The above example i l l u s t r a t e s  an im p o rta n t d if fe re n c e  
. . between the  powers o f  c i v i l i a n s  and o f  peace o f f i c e r s .  A

peace o f f i c e r ,  a s  you  w i l l  see be low , can u se  p h y s ic a l  fo rc e  
w h.eh 'necessary to  e f f e c t  an a r r e s t  where he h a s  re a so n ab le  

' cause  t o 'b e l ie v e  t h a t  the  p e rso n  com m itted the  o f f e n s e . _
Theye i s  no reqxiirem ent’ t h a t  the  st isp e ct, i n  f a c t ,  commit the  
o f fe n s e .

"2p. to  a r re sb  an o th e r  p e rso n  when he i s  d ir e c t e d  to  do so  by  
a  peace o f f i c e r .  T h is  i s  tru e  so  lo n g  a s  the  c i v i l i a n  does 
n o t  know t l ia t  the  a r r e s t  i s  u n a u th o r iz e d .

E-ranmTfl; Joe, a  c i v i l i a n ,  i s  t o ld  b y  P o l ic e  O f f i c e r  Sm ith  
to  a r r e s t  H enry  f o r  D i s o r d e r ly  Conduct. H enry  r e s i s t s  the  
a r r e s t  and Jbe u se s  p h y s ic a l  fo r c e  to  subdue h im . Joe w ould  
be p ro te c te d  even i f  i t  l a t e r  tu rn e d  ou t th a t  P o l ic e  O f f i c e r  
Smith, d i d  n o t  have the  l e g a l  a u t h o r i t y  to  make th e  a r r e s t  o f  
H e n ry .

PEACE OFFICER A  peace o f f i c e r  can  use  p h y s ic a l  fo rc e  when 
4 and to  the  e x te n t  n e c e s s a ry  to :

1 .  a r r e s t  a  p e rso n  when he h a s  re a so n a b le  cau se  to  b e lie v e  
th a t  he com m itted a n  o ffe n se .

POLICE STU DEN T’S G U ID E  - la w

- V̂ -r

© ;

ExsHgple t P o l ic e  O f f i c e r  Kagan se e s a man " h o t -w ir in g "  a 
Che.vro let. The o f f i c e r  a ttem pts to  a r r e s t  the  man f o r  attem pt­
ed  Grand L a rce n y  o f  the  au to , b u t  he r e s i s t s  th e  a r r e s t .  Po­
l i c e  O f f i c e r  ]^ g a n  u se s  p h y s ic a l  fo rc e  to  e f f e c t  the a r r e s t .  
Ife '. la te r  t u r n s  o u t  t h a t  the  man owned th e  c a r  b u t  had  f o r ­
g o t te n  h i s  k e y s .  The p o l i c e  o f f i c e r  would have been j u s t i f i e d  
i n  u s in g  p h y s ic a l  f o r c e  even thotigh the  man d id  n o t  commit a 
c r im e . T ^ s  i s  because  the  law  p ro v id e s  th a t  the  p o l ic e  
o f f i c e r  need o n ly  have re a so n a b le  cause  to  b e lie v e  th a t  an  
o ffe d se  was b e in g  com m itted. I t  does n o t re q u ire  t h a t  the  
o ffe n se  b e , i n  f a c t ,  com m itted.

■'V 137B Ch. 20 7



V • *I . »

}• > .

*.* * •

' » *■'. *■?

2. .A  p e a ia  o f f i c e r ,  g u a ^  ^  a

W i a r f o r l f

route to  o r  from  aucli a  f a c x l i t y .

TiTTATn-.r PHYSICAL gORC>S

\  U se  of* D e ad ly  P h y s ic a l  F o rce  i s  ^  example.
.., YOU MUST ~gUQW TH IS  TOPIU THOBOUGHET.

' ..aSriK s tss!ffss.“ s:.i; ffigg.gS“s s  i ‘c ‘5 : « ~  srs‘.'.3s«“;.> »«• •<
o f  o a r t a iu  crim es Have o ccu rre d .

• 'nreT'e a re  s e r io u s  consequences i f  you  u se  deadly P ^ s x c a l

•p ro se cu tion  an d /o r  ® J ^ ^ i-y f^ - j^ -^ £ i, t ; ie s  o f  P o l ic e  O f f i c e r s ) .

' T h e ^ p l^ ic i l^ h S m  you co u ld  g ° ^ ^ ® f / ® g ^ e f t C ^ p o i ic
i n  you a  deep J i s ^ i e g S  l im i t a t io n s  and

> o f f i c e r ' s  ^ t a b ^ S e d  b y  the  L e g is la t u r e ,

. d ia t e  d e c is io u  b a se d  on know ledge
:  c e r t a in ly  h e lp  you  do jo u r  job  a s  a  p o l ic e  o f f i c e r  and may 

' /  even, sa v e  y o u r  l i f e »

■ * T A. p e rso n  may, i f  n e ce ssa ry , u se  d e a d ly  ^_o.
; : a g a i M t  a n o th e r  when he  has r e a s o ^ b le  cause  ^®^®7®

■ '̂VaA n' '̂hAT* n a rson  i s  usinfT o r  i s  ab ou t to  u se  d e a d ly  phy

• *' i  n e l s S  w  o r ^ a r i l y  be j u s t i f i e d  i n  u s i ^  d e a d ly  p ^ s x c a l
S>rce ix su c h ^ s itu a t io n s  h e  would n o t be  j ^ t i f i e d  j r  

,• ^ i T  he c o u ld ,  w ith  com plete s a f e t y  to  h x m s ^  and o th e r s ,
>*, a v o id  the, u se  o f  dead ly ; p h y s ic a l  fo r c e  b y  r e t re a tx n g .

‘ ‘" ' E ram pler'*  ̂Jbe> who i s  l ic e n s e d  t o  c a r r y  a  r e v o lv e r ,  i s  appTO-
> ached"¥y  John who th re a te n s  Joe w ith  a  le a d  pxpe . Joe would  
' ■ b e  j u s t iT ie d  in  u s in f f  d e a d ly  p h y s ic a l  f o r c e  a g a i ^ t

u d L e ss  he* (J o e ) co tild  r e t r e a t  and g e t  away from  
■ wi+'bou.t resortin^T  to  t h e  u se  o f  deadly* p h y s ic a l  fo r c e .

., S d \ o t  r e t r e a t ^ h e n  he had the  o p p o r t i ^ t y ,
. ' be ju 3t i f i , e d  i n  u sing- d e a d ly  p h y s ic a l  f o r c e .  He MUST r e t r e a t  

i f ,  tha-t a lt e r n a t iv e ,  i s  a v a i la b le  to  hxm.

 ̂• ' The o h U g a t io a  to  r e t r e a t  lO E S  HOT a p p ly  i n  the  f o U o w in g  
- two s i t u a t io n s t

POLICE STU DEN T’S G U IDE - la w

1377 Ch.20 PACE No. 8



o

■ • ■ ^•=’ • ? 
. 1.

1 I f  the- p e rso n  u s in g  d e a d ly  
■ .... ,■ ' pvmer o f  the d w e ll in g  and was n o t the  i n i t x
. C. • . V,'. aSS>^®ssor.-

.....
" a g a in st ' John.

POLICE STU DEN T’S G U IDE - la w

',si '-5# .'►’•*

: • r*'■ • .-ly..

f.X;*. • • •
• . . .  ■-' • '»>

J fore using d e a d ly  p l iy s ic a l  fo r c e ,  even xx i;ne 
took, p la c e  on th e  s t r e e t .

■I S | ^ A  p a S e  o f f i c e  i a  H H ^ I e q ^ e d t o ® r e t ™ l t  b e fo re  
5,it>. u s in g  deadly" p h y s ic a l  fo r c e .

■-'• .V/.f*"- I ..

. . , '.ji -*  ̂ ;;

. i'rr> *-
■*- iti-' ■ ■
;-..,;.9i.! ... V

M  2.- I f  a  p e rso n  h a s te rm in ate
.■.•.'l:d e a d ly  p h y s ic a l  fo rc e  ^^.necess^ to  pre  t  ^
:. ^ a n o th e r  p e r s o n j r o m  ro b b e ry , then

: ^ § ? ^ s r l l S l i ® i r f 5 F E r l E ^ =  to  sto p  m e  u m aw -  

•■ f u l  a c t iv ity . . -  ,

.: j s fS  O f  co u rse , d e a d ly .p h y s ic a l  a c t i? i t y ! : ^  I f
-fe-wthere i s  a  l e s s  * ° / S , ^ P c l v U i £  m ^ w i m

i were n o t f o n  th x s  se c txon  o f  , take  any a c t io n  to  sto p

•:. # s s ? S m i ^ c t i « x  t o  ^  K * s ^ r i i * s s s s . b i ? h i »
;■ ; ,V iwere- v io le n t  crim es w h ich  m igh t  
‘ ireto--the- v ic t im : i T  the  crxme-.was n o t term xnated.

' -W lb ca m n le : Joe w a lk in g  r io n g , the street n e ^ ^ a j a r k ,  ,sees^^^^^-

. ’.=;|ii: J o h n -fo 'r c ib ly  r a p in g  Mary.. Joe ? y  “J® ,^?| 3^Zj,|“̂ o r o ib le  rape. 
’̂ ^ '^S^aga in st J o h n ,  i f  f i t  xs: n e c e s sa ry  to  term xnate tne  lo  y

\  p e rso n  who' i s  in  p o s se s s io n ,  c o n t r o l  o r  l i c e g e d  o r

S i l l ^ S j ^ i e l d l r  p h y ^ i c S  l o r c f - ^ r d L ^ o ° p S v e n t  o r  te rm in ate

l ® : « f J f g c » T O o m a ^ e
o r  p r i v i le g e d  to  be xn th e se  p la c e s ; .

■ ".'i^^l^^^'Exarfb'le: Joe i s  i n  h i s  home and John e n te rs  w ith  the m t e n t
. u M S ^ S ^ I S l i i n s ^ J o i ' s  p ro p e r ty .  Joe “a y , i n g g g * a -

d e ad ly  p h y s ic a l  fo rc e  a g a in s t  John to  term xnate o r  prevenu
't'"-^S<the"''bxarglary.

’ife  N EW  YO RK CITY POLIC a rtm en t . Ch. 20 9



,̂’v ■ -

J;::3v :

• •*..
. ' •  •, *". , c. _

*
•>- j •.•.'■

■ 7.- - ■ *'■' •* .
•'. V * ~

’ Another-Exam plet I f  Joe goes on v a c a t io n  and a sk s  h i s  next 
door n e igh b o r  B i l l  to  see to  the s e c u r i t y  o f  h i s  apartm ent,
B i l l  would he l ic e n se d  o r  p r iv i le g e d  to  he th e re in  and, i f  i t  
became n e ce ssa ry , wotild he J u s t i f ie d  in  u s in g  d e ad ly  p h y s ic a l  
fo rc e  a g a in s t  John in  o rd e r to  te rm inate  o r  p reven t the com- 

■■r m is s io n  o f  a h u r g la r y  i n  J o e 's  home.

■ i^^^ote:* -A  p a s se rb y  would, n o t he p e rm itte d  to  use d e a d ly  p h y s i­
c a l  fo rc e  to  p re ve n t a h x irg la ry  o r  te rm in ate  one, because  he_

. i s  n o t  the  owner o f  the  p re m ise s, n o r  i s  he l ic e n s e d  o r  p r i v i ­
le g e d  .to on. the  p re m ise s ►

Y o u ’sho tild  r e c a l l  from  the d i s c u s s io n  o f  p h y s ic a l  fo rc e  
t h a t  a. c i v i l i a n  coxild o n ly  use p h y s ic a l  fo rc e  to  p reven t o r  

• te rm in ate  the  crim e o f  c r im in a l  t r e s p a s s .  However, i f  the  
; cpxme were b u r g la r y  o f  a d w e ll in g  o r  o ccu p ied  b u i ld in g s  tbe  
'•owner: o f  the p rem ise s o r  a p e rso n  l ic e n s e d  o r  p r iv i le g e d  to  
L-he th e re in ,  c o u ld , i f  n e c e ssa ry ,  u se  d e a d ly  p h y s ic a l  fo rc e  to  

te rm in ate  o r  p re ve n t the  b u r g la r y .

PROPERTY " ■
■ *"'“i-* ■'i'V * ■'

may u se  d e a d ly  p h y s ic a l  fo rc e  a g a in s t  ano ther  
;when he. r e a so n a b ly  b e l ie v e s  th a t  the o th e r pe rson  i s  com m itting

POLICE STU DEN T’S GU IDE - la w

.V- •*
. V .

or^ 'a ttem pting to  commit any degree o f  -Arson.

.. P i r e  and e x p lo s iv e s  have a lm o st u n lim ite d  d e s t r u c t iv e  power 
•’-to  b o th  p ro p e r ty  a s  w e l l  a s  human l i f e .  Ih e  consequences o f  
any  degree  o f  a r so n  a re  s u f f i c i e n t l y  dangerous to  J u s t i f y  a 

’ p e r s o n 's  use  o f  d e a d ly  p h y s ic a l  fo rc e  to  p reven t o r  te rm inate  
• •the com m ission  oY. t h i s  crim e.

• ' I  You sh o u ld  note  t h a t  th e  a u t h o r it y  to  use  d e ad ly  p ^ s i c a l  
' -T: fo r c e ,  i f  n e c e ssa ry ,  to  p re ve n t o r  te rm in a te  an a rso n  i s  n o t  

‘ l im i t e d  to  the owner, l ic e n se e  o r  o th e r  pe rson  p r iv i le g e d  
-s=. w ith  re g a rd  to  the p re m ise s .  The law  p ro v id e s  th a t  any person ,  

n e c e ssa ry ,  can  tise d e a d ly  p h y s ic a l  fo rc e  to  p reven t o r  
t h i s  s e r io u s  i l l e g a l  a c t i v i t y .__•----....... : *. .

 ̂u*

. . . .  .'■ ;..\Vsjr-.'^'.PESSONAI. PROPERTY

a b o u t the  -use o f  d e a d ly  p h y s ic a l  fo rc e  in  r e l a -  
t i o n  .td p e rso n a l,  p ro p e r ty  i s  s im p le .

•n-PA'TTT.-v' TDTTVCiTrTAT. ' vnPfTR MAT TTRVhTR PE USED TO PREVENT OR

u. attem pt to  s to p  him  b e fo re  he l i g h t s  a m atch, Joe, who 
- lioio a * p i s t o l  p e rm it, f i r e s  one sh o t s t r i k i n g  M ike in  the  s h o u l-  

. - ■ i.der. ’ Joe  co u ld  be charged  w ith  a s s a i i l t  and wo^lld n o t  have 
th e  de fense  o f  J u s t i f i c a t i o n  a v a i la b le  to  h im . ^ e  crim eCL&XcUov ux w via V . _ ✓
w hich -M ike  was com m ittin g  was c r im in a l m is c h ie f  Lnot a rso nwn xi I .  rr FT CL a \<WII1IUJ.K X J-L-LQ it w»w ■ ... .      T ”  t - • '  t ^

Vr-'f.* 'mVi-i fih r e q u ire s  the  b u rn in g  o f  a b u i ld in g ) .  I t  i s  a ls o  o f  no
t h a t  J o e 's  c a r  c o s t  over $9>000.

N EW ,YO RK CITY' POLICE DEPARTMENT ' 20 10

________  '■ ’^ 7 0  .......................



• l o u  may f in d  o m « ? s “ oan
®r te rm in a te  i l l a s a l  a c tx v x ty .

word i s  B A S ^

D.’- ’ Deadly HiyaioiL Poroe I ? “ p?e7 e n ti^ ro r^ te iM -
S S / t n e  uae o f  d e a d ly  p h y a i c ^

■ | o « l  asainst y o u r s e l f  o r  a  t h i r d  
p e rso n .

POLICE STU DEN T’S G U  IDE - la w

- V- - '

'•rt
.."iJfVT-

.<v —
V  '.t ’ ■:*

S 'H  —.Eo'bberj

B -  B u r g la r y

-  E 'U  Eape> ' f o r c ib le
%  v i i  .-•jV

Hfimember: C i v i l i a n s  MUST, i f  p o s s -
--------------- i b l e ,  r e t r e a t .

, ■ , Peace o f f i c e r s  do HOT
liave to  r e t r e a t .

Ton have re a so n a b le  cause  
th a t  you  are  v r e v e n t ^  orter:^-- 
a t in g  any degree o f  Robbery, -adi 
ro b b e r ie s  a re  fe lo n x e s .

' Ton have re a so n a b le  cause  to  ^ l i e v e  
t h a t  you  are  p re v e n t in g  o r  te rm in ­
a t in g  a b u r g la r y  o f  a:
A . D w e llin g ,  o r
B .  An o ccu p ie d  b u i ld in g

Remember: You must be ^^®,
someone l ic e n s e d  o r  p r i v i  

1 ■ le g e d  to  be th e r e in .  A
■ . .. peace o f f i c e r  is - so. l i e —

 ̂ ensed o r  p r iv i le g e d .

Tou  have re a so n a b le  cause  to  " ^ l ie v e  
t h a t  you  are  p re v e n t in g  o r  te rm m -  

i:'- atinpc any degree  o f  a rso n . Reed no 
/ be the  owner o r  p e rso n  l ic e n s e d  o r
;• p r iv i le g e d .

e . ' T o u  have rea so n a b le  cause  to  ^ ^ e v e
th a t  y o u  are  p re v e n t in g  o r  te rm in  
a t in e  a  f o r c ib le  rap e .

•.,> '"i

‘.y

Tou have re a so n a b le  cause  to  b e lie v e  
■ • t h a t  you  are p re v e n t in g  o r  te C T in -

V' - - ■ a t in g . any degree  o f  k id n a p p in g .

5"̂  ’*• ^ ' •'KTo. Tou have  re a so n a b le  cause  to  b e l ie v e
S ^ o u  are  p re v e n t in g  o r  te rm in -  

‘ "  a t in g  a  f o r c ib le  sodomy.

:* *v” wV.-r.v*
.» J -

N e w  YO RK  C POLICE DEPARTMENT

— ----------------- ----------------

Ch. 20 11



C IV IL IA IT S  -  ABHEST S IAG E

O c c a s io n a l l j  a s i t u a t io n  w i l l  a r i s e  where a c i v i l i a n  w i l l  
be in  a  • p o s it io n  to  make an a r r e s t .  The law  re c o g n iz e s  t h i s  

. ' . p o s s i b i l i t y  and arms the c iv i l i a n ,  w ith  e n o u ^  power to  accom- 
p l i s h  th a t  Job. The r u le s  w h ich  a p p ly  to  c i v i l i a n s  in  the

d if fe r '* c o n s id e r a b ly  from  those  w hich a peace o f f i -  
p o s se s se s  -

a  c i v i l i a n  may tise d e a d ly  p h y s ic a l  fo rc e ,
" K.»-.ri^;if^'necessary, to  e f f e c t  the a r r e s t  o f  a p e rso n  who has com m itt- 

ed M urder, Hobbery, M a n s la u gh te r  i n  the  f i r s t  degree , f o r c ib le  
■ rape  o r  f o r c ib le  sodomy, and who i s  i n  immediate f l i g h t  th e re ­

from . 1.

POLICE STU DEN T’S GU IDE - la w

r M .

;
i N o te : -. The crim e must have been com m itted; the law  does no t  
, a p p ly  to  a ttem pts to  cornmib these  c r im e s.
'>■ r ■ '» T. '■
■ Exam ple: John i s  o u t w a lk in g  h i s  dog  when he sees Joe attem p­

t i n g  to  f o r c ib ly  rape  M ary. When John approaches Joe f le e s .  
John, w ith, the  in t e n t io n  o f  a r r e s t in g  Joe f o r  attem pted f o r c -

. - ib le  rape  o f  M ary , ta k e s  ou"t a r e v o lv e r  f o r  w hich  he ha s a 
’.perm it* and sh o o ts  Joe when he de te rm ines th a t  Joe w i l l  ge t  
*aw ay.' Q u e st io n : Was John J u s t i f i e d  in  u s in g  d e a d ly  p h y s ic a l
. f o r c e 't o  a r r e s t  Joe? Answ er: No. The law  does n o t p ro v id e
■ th a t  d e a d ly  p h y s ic a l  fo rc e  can be used  by  a c i v i l i a n  when 

■ .there" i s  a mere a ttem pt to  commit f o r c ib le  rape ; i t  p ro v id e s
o n ly  f o r  the a c t u a l  com m ission  o f  the  s p e c i f ie d  c r im e s.

. - . p o t h e r  Exam ple: John o b se rv e s  Joe in t e n t io n a l ly  k i l l  M ary,
^ h en  John t r i ^  to  a r r e s t  him Joe f le e s  and e scap e s. Three 

.... ..weeks la te r -J o h n  se e s  Joe on the s t r e e t  and a g a in  a ttem pts to  
-  a r r e s t  h im » T h is  t im e , when Joe i s  about to  escape a g a in ,

■ - - John ta k e s  out a  r e v o lv e r  f o r  w hich  he h a s a pe rm it and f i r e s  
Jo e . Joe i s  sh o t  in  the l e g  and i s  cap tu red . Was John 

u s in g  d e a d ly  p h y s ic a l  fo rc e  a g a in s t  Joe?
■ -^Answer:'' No. The. crim e happened th ree  weeks p r io r  to the use
. - o f  d e a d ly  p h y s ic a l  fo r c e  and Joe was n o t  in  immediate f l i g h t

'• 5 t- from  t h a  com m ission, o f  J;hei. s p e c i f ie d  crim e .

' Tqu may f in d  t h e ' f o l lo w in g  code word h e lp f u l  in  remembering 
€-•■ ' the- l e g a l  a u th o r it y  fo r -  c i v i l i a n s  to  use d e a d ly  p h y s ic a l  fo rc e  

a r r e s t  stage.-.vr. . _ '

code word, i s , MR: & MRS

M  —' M anslaugh ter,- 1 s t  degree  
f o r c ib le

' S-i.— Sodomy, f o r c ib le

A li.  MUST HAVE, IN  PACT, 
TAKEN PLACE, AND

THE SUSPECT MUST BE IN  
IMMEDIATE PLIGHT PROM THE 
C C m iS S IO N  OP THE CRIME

kS**’
J . . -  .^ 4 ,

'' V . * - ■-''V’••••'••/ vvr; . ‘ J . •

' **?i.*-**-'*'•/
; C ITY POLICE DEPARTMENT Chv 20 12

13-81



• ’M.- -• * '■ ' • *■ .-•••I.-; ,

A c i v i l i a n  would be j u s t i f i e d  in  u s in g  d e a d ly  p h y s ic a l  
. '^ 'fo rce t  i f  a p o l ic e  o f f i c e r  in s t r u c te d  him  to  do so  u n le s s  the  

■* c i v i l i a n  knew th a t  the p o l ic e  o f f i c e r  would n o t have been 
v,:,j . in  u s in g ,  d e a d ly  p h y s ic a l  fo rc e  h im s e lf .

^■ |?^^’̂ «ExaTnnle: <John» who i s  ou t w a lk in g  h i s  dog, se e s M ike  punch
•;^;^r^ '^i?oliae O f f ic e r  Smith, i n  the n o se . A f t e r  the punch M ike f le e s  

John, who i s  l ic e n s e d  to  c a r r y  a r e v o lv e r .  O f f i c e r  • 
o rd e rs  John to  sh o o t  M ik e . I f  John does sh o o t know ing  

O f f ic e r  S m ith  d id  n o t have l e g a l  a u t h o r it y  to  sh o o t, John 
n o t have the de fense  o f  J u s t i f i c a t i o n  a v a i la b le  to  him .

» i f  he d id  n o t know th a t  O f f i c e r  Sm ith  co u ld  not- 
and fo llo w e d  the p o l ic e  o f f i c e r ’ s  in s t r u c t io n s ,  he 
have been j u s t i f i e d  in  the \ise o f  d e a d ly  p h y s ic a l  fo r c e ,

"felie law .

POLICE STU DEN T’S G U IDE - la w

■■ ; r’.» ; • ■ I

'I * *• ■"i’A- ••••;?. T

u m t . : ;

•«'.v

_ ’.The'above d i s c u s s io n  r e la t e d  p r im a r i ly  to  the powers o f  
‘ c i v i l i a n s  i n  the a r r e s t  s ta g e .  I t  i s  im p o rtan t to  remember 
;;that an y  a u th o r it y  g iv e n  to  c i v i l i a n s  a ls o  a p p l ie s  to  peace  
o f f i c e r s .  However, peace o f f i c e r s  are g ra n te d  a d d it io n a l  pow- 
e r s  to  h e lp  them do t h e i r  d i f f i c u l t  job  o f  p r o t e c t in g  s o c ie t y

;^'as w e lh  a s th em se lve s.
L ,  ■! I* -  -

- t-" re ce n t t im e s th ere  ha s been much t a l k  about the hand -
,.11,;;! c u f f in g  o f  po licem en . In  f a c t ,  the P e n a l Law g iv e s  the  p o l ic e  

® g re a t  d e a l  o f  a u th o r it y ,  c e r t a in ly  enough to  ade -  
• q u a te ly  perform  h i s  job  and p r o te c t  h im s e lf  from  dange r.

' ;V PEACE OFFICEfiS ’ -  ARREST STAGS

* A peace o f f i c e r  majr u se  such  p h y s ic a l  fo r c e  a s  i s  n e c e ssa ry  
, ...,to e f f e c t  the a r r e s t  o r  p re ve n t the escape from  cu sto d y  o f  a

1>V.'

' In . the a r r e s t  s it x ia t io n ,  when a peace o f f i c e r  re a so n a b ly  
-r j n e c e ssa ry ,  he may use  d e a d ly  p h y s ic a l  fo rc e  o n ly  

, j r t a in  p r o s c r ib e d  c ircu m sta n c e s. You MUS'f know the
when you, a s  a p o l ic e  o f f i c e r ,  can l e g a l l y  use  

V, deadly-. p h y s ic a L  fo r c e  a g a in s t  a n o th e r.

peace o f f i c e r  i s  j u s t i f i e d  i n  u s in g  d e a d ly  p h y s ic a l  
i n  the  f o l lo w in g  a r r e s t  c irc iu n stan ce s where the  peace

t s a  , - bell
-I* ■ ---------

- ;k ‘- v.-.'ro'i Vf-"-• >•

peace- o f f i c e i r  o n ly  h a s  to  have re a so n a b le  cause  to  
b e lie v e  th a t  the o ffe n se  was com m itted and th a t  the  
su sp e c t  com m itted i t .  T h is  does n o t a f f e c t  h i s  de­
fe n se  o f  j u s t i f i c a t i o n  i f  the  su sp e c t d id  n o t  commit 
the  o f fe n s e .

N EW  YO RK CITY POLICE DEPARTMENT
• ■ T - 1 3 8 2

Ch. 20 13



Assault
^  or— rd  d a ^ a e ;  f e lo n ie s  and in — '

POLICE STU DEN T’S G U IDE - la w

w S i h  are f e lo n ie s  and in v o lv e  

p h y s ic a l  fo rc e  a g a in s t  the  p e rso n .

■ - ^ ^ l i h S ^ S e ^ a S * E S c a p f
^  i « a , n iTiTOitr- any one o f  these  c r im e s.

:. r.
.*>' -V i

■ y . - , . r  ,n  •r.'.r.• ' »'*
'•>■4The co.de word i s  B A K  E

• 'i- ■ ••..S'-

-  B u r g la r y ,  1 s t  degree
'• ^ W ' A — A rso n , any degree

-  K id n a p p in g , any degree  
Escape, 1 s t  degree

i 3!̂  A. f s lo n y ,  com m itted o r  S  a m e ^ S t h ^ ^ f i r e -
o r  w h ile  a tte m p tin g  to  e s ^ e  P p o t e n t ia l l y  d a n ge r-

d e a d ly .p h y s ic a l,  fo rc e  to  make t h i s  typ

■ Evamn’l a ; Jo° “ ?A L ts  a g r ^  l a r ^ ^ . ^  ^ 5
a r i n g  from  the  l o c a l  O e w e l^  He a u ic k ly  turns- and.lice O f f ic e r  M orton  c h a s ^ g ^ m .  He ^  ^
punches the p o l ic e  o f f i c e r  u n ’and co n t in u e s to  run

, h i s  s e r v ic e  r e v o lv e r ,  ^oe P^cks i t  He would
away.. F .O . M orton; s  fo rc e  h^ Joe had

■ he j u s t i f i e d  in  ^sing d e a d ly  p ^ s i c a l  ,, weapon (.O ff ice r
,• J-. .V committed a f e lo n y  and was armed w ith  a d e a d ly  weap 
•  ̂ i n  the  course  o f  e sc a p in g .

i l l K ' ^ R e g ^ r d l e s s  o f  ? £ s i = a l ' ' ^ ^ e ' ' ? l
'■'■ ,'-1 1 — - 02r;fcommitted», the u se  o f  T^ersou from  what the
v l v S S 'W  to  defend the  peace o ffx o e r  o r  =?’\ ^ i n e n t  use  o f
T ^ a  o f f i c e r  p e L e  o f f i c e r  may be

:v.;4’v?:;r: deadly-p h y s ic a l  f o r c e .  H v e n ^  cannot a c t  r e c k -
iM fiiriried. in.uaing; d e a d ly  p h y s ic a l  lo r c e .

vj,-*,

r t a S ^ - 'a c a m o le : ” Joe rob s V v o m a n "a n d  ^  o L l i S S ® '
i r f i n  the l i n e

. C i ' f l - ' t ’ . i  ■ ___________ T T C T f n T ?  T V P 'i 'n T . 'TV ■ I cV->.r; 1 •-vOT.JCT -XiF Niy POLICE DEPARTMEirr - USE OF DEiU)Lr

.. , *fWT£6hTJ(JTiOin'

^ o m  r e a d in g  the m a t e r ia l  a S id e ^ r S ^ e

^ i L ' o r N e :  illil  B.O S ra m o u n t  power, th a t

I», , • . V - *  ;-Jf - •* _ _

N EW  .YORK C m f  POLICE DEPARTMENT

__13&3

Ch. 20 1^



>r

■ o£ b e in g  p e rm itte d  to  n se  d e a d ly  p h y s ic a l  f o r c e , i s  in c lu d e d .

• ' 4  mandate o f  the  law  i s  t ^ t
, o n ly  be used  when law . I n  a c i t y  a s la r g e

^ m e e t i n g  the c r i t e r i a  ^^^ted ^  Y o rk  th e re  i s  v a l i d  concern  
- -v ; and a s  d e n se ly  / f L l  ? p a r t i c u l a  crim e h a s  been
■ v w ith -a o re  than q us^  the  ou r g e o g ra p h ic a l

com m itted. We m ust take  E°o^^
su rro u n d in g s  and the  P®®P^®. ^ u se  "d e a d ly  p h y s ic a l  fo rc e

J o ^ ? h e " o m c e r " ? o  c o m p ly ^ t h  the  l e g a l  r e -  

':"-V^;iQ.uirements» . ■ "
t  ^  m ust re co e n ize  th a t  the P e n a l law  a p p lie s

::3£ u n i f ^ « u g ^ ^ e S  f
; - . , . m " o t  he ? p ? ? S ^ ? ia t e  w ith in  the  c o n f in e s  o f  a  d e n se ly  

^ 3. p o p u la te d  u rb an  a re a  su c li a s  New T o rk  C i t y .

■ ' As' a  r e s u l t  o f  much th o u gh t ^ d ^ e a t

* -. l i c e  o f f i c e r  w h ile  he perfo rm s h i s  dangerous jo b .

■ ’ oiie P o l ic e  Departm ent r e a l iz e s  
.  t a i n  amount o f  d i s o r e t i o ^ r t e n d e d  to  ^  because  the  f a c t s  

the u se  o f  ‘^ = “= ® P ° '" - j l , ? f ^ a e e s  f  t I S n d o u s  r e s p o n s ib i l i t y

S iis r .

/ '^ a s s is t  them., 'fhese g u id e l in e s  are  a s  f o l i o  s -  

..:-̂ ?RTrnnTTNG SHOULD BP a T.AKT RESORT ■

P i : ‘ E « r y r e a s o n a b le m e g > s w i n
■ "p re v e n t in g  o r  te rm in a t in g  a f - l  u se s  h i s  f ir e a rm .  In

...... ano ther t e f o r e ^ a ^ o l r c e ^ f f a c e r ^ u ^  ^ a

i : S ? v ' S i t ^ t h  th e  accom pU slm eirt o f  the  o f f i c e r  a m rssaon , w a l l

J ii ie s i ir f 5.3 s> sssi«^
e t - necesseijr^ ♦ ^ «„!.«. -iu s+ -ified  in  u s in g  p h y s ic a l  ana

S t ?^ h 7 ^ tc a ^ ° £ o “ S e s t e S i a l  a S d '^ S e n  o n ly  th e
« :  y- S S c h  n e e l^ d ^ r a c c o m p U s h  the o b d e c tie e ,

.: ' ■  ■ ■ ■' "'
Y O R K  CrTY POLICE D W A ^  '

POLICE STUDEN T’S G U IDE - LAW

Ch. 20 15



."t'

■TinM.T mOOT TT? TTmOCHlI T»mSOMS ABE SimABGEECT

2.. A f i i e a r .  w i l l  n o t  t e  f i r e d  i f  the  l i t e s  o f  in n oce n t per^  
so n s may. be endangered.

: ■ ■ 'Ooi»on sense  d ic t a t e s  th a t  t h i s  i s  e s s e n t ia l  i n  a  la r g e  
•urban .area such, a s  Hew T o rk

POLICE STUDEN T’S G U IDE - LAW

’4'. cr.'/Cv*'

■ ̂ >r:'-V.

* V

• 'Ah V. ..
;*̂*Ŝ* *

• .

-  1- -

-* :w' ••. ,-.̂h V *■>2.-* • i*̂ v,

* i-J,'/

j f  E s a ^  'T e n  sxe i n  h ^ . p » s ^ t ^ ^ ^
rc o m m it t^  a B u r g la r y  ^  t ^ I J r e s t  a p e rso n  who has

; i f  i t  becomes n e c e ssa ry  “  d e a d ly  p h y s ic a l
committ.ed th x s  crim e, a and i s  g e t t in g

4-^ f o r c e . *  Suppose • o '^ f i ^ i l ? n e c e s s a r y  to  sh oo t to  apprehend
. . .y fra w a y . -A lth o u g h  i t  n g S i  you  sh o o t?” Tbe

^ ; H : v ::v ':Aii” the  ^‘’S ^ e o o l S  i T t h e  v i c i l i t y  S o n ld  be in ^ S ra v e
e.M :' TOUT b u l l e t .  Common sense  t e l l s

■ i 3 i a  a  crowd o f  d o c e n t  p e r -

y s o n s .  . y.;;..'*- ■ . '.

: poH'T iF-IHE WASHING SHO^

y ^ I h e l f i r i n g  o f  w a ^ S
I L S ;  to  & c L t  p e rso n s.

. TIQjrtT'gTR-R A. SHOT TO SBmON ASSISTAHCE

■■ s A “. - s s T „ ” : . L S s r J : , - ^ - 4 t : s ! -  K S ’ s r
■ f i r e ^ s h o t s  u n le s s ,y o u r  l i f e  i s  i n  d an ge r.

-  - I f  you  need h e lp ,  i t  ^ L ' l L S r a i h o f  £ % S
te lephone  o r  o p o r ta b le  r a d io ^ ^  w hich  sh o u ld  be fo llo w e d ,  

/ t e a in .  good judgem ent IS t t e ^  a S S l l y  endangered i s  i t .

'  ^ i ^ S b l l  ? o i S e  S  L o t  f S  the  purpose  o f  summoning a s s x s -  

/ tan ce */^  . —  ■• .

L.. nr)TT«y SHOO?" at or from a movihg vehic^
...y j ^  D is c h a r g in g  a  f ir e a rm  o t  o r  f r ^  a ^ m O T t o g ^ ^ o l ^ i s j ^

f ^ c ^ S S s t  the  o f f i c e r  o r  ano ther b y  means
ô t h e r  th a n  th e  ,_yehi.cle i t s e l f . .

■■ _ .i- •

. . >-r f ■ - •

-______  . ■ ..■ ih lsLtatem ent h a s  drawn much c o n tro v e rsy  b u t  c o n s id e r
■ 5p'T?’ l i - “ ? ? ? l t '  in. l i ^ t  o f..the  f o U o w in g  example.
“*=̂ ..?; .s-w 

..•4.

f )

..... "vehicle i s  bearing down on a police- ^ va^ciB _ ?hf» drlver of the vehicle is  intenu
5la^: f:;# .v lto f 60 ? i l e a j e r ^ ^  alternatives

% rv'-'^ ̂  f;"j. on. IciXXxngf tli6  offic63^*- He co u ld  *̂uinp ou t o f
^  draw his revolver and fire

• t e s i p l ^ n ^ ^ ^  l e v r a l ^ ^  A c a r  weighs approximately

m  -
N EW  YO RK  C ITY  POLICE DEPARTMENT

1385
Ch. 20 16



350 0 'p o m d s  and ^Sox ““ 7  sL o t s  do
.60 m ile s  p e r  b o u r. S i ? e i ?  In  a l l  probabn.1-
you th in k  a r e ^ M g  to  s t r ik e  th  M  p u l l e t s  w hich  co u ld  
i t T  th:e w in d sh ie ld  w i l l  h v s ta n d e r . However, assume

. th in  s t r ik e  and k i l l  an ^ o c e  f  t h f  S n S h i e l d  and k i l l  
:: y o u r .h u l le t  o r  b u l le t s  . What have you

• t h e ‘d r iv e r  C t h o u ^  t h i s  ?  _ ^i,g. w heels from  r o l l i n g ?
^ . j ^ o o S l i e L e d .  dS  ^ r I ? o ! v e r  and f i r i n g ^  ■

•• - Two, th re e  o r  fo u r  seconds. ^  gecond. About
• p e r  h o u r i s  m oving a t  the  r a te  ox o le s se n e d  the tim e
, In e - h a l f  a c i t y  ^ ^ J '^ ^ A S f S a y 'o f  tS e  c I l .  A f t e r  you  have  
'y o u .h a v e  to  ge t  o u t ggx  i s  s t i l l  com ing a t  you,

f in i s h e d  J ^ ^ ^ S c e s ^ e  th a t  you  w i l l  be run
f d f a i  m S “ r i t s  d r iv e r .

The tim e the  p o l ic e  o f f i c e r  |P|^^ ^ t t i n |  out o f  th e  way 
r e v 6 lv e r  would have been ?S  h is® ego  b u t he w ould  s t i l l

. b f  S l v I ^ d  S S d 'n It  L v e  endangered the l i v e s  o f  in n o ce n t  

peopie.

POLICE STUDEN T’S G U IDE - la w

* ' ■ *

5-

.SMUUr iLX ---- ---------- --------

S ^ o u S n “ S l o y e S  ^ ^ e f  n f  f t h S  m ^ ^ ?
t iie ^ im a l under c o n t r o l  e x i s t s .

A g a in ,  the  p o l ic e  o f f i c e r  t S  S i m l l ’^ e r e
-n e e e fsa r^ " .  I I  e ? o ! ^ t S I  the  use  o f

‘ S a d i f p ^ s i c l i ’ fo rc e  io u ll n o t be n e c e ssa ry  and consequent y  

u n ^ ^ ls t if ie d  under th e  law .

nONCLHSION

SS’" iL p o l ic e  o f f i c e r  5 ^ ® ^ ^ ^ ! 5 l i i i t y ^ i ^ c lu d e ^ e v e ^ h ^ ^  from  
s o c ie t y . .  H is  “ ®^® . J ® J ? ^ % a b i e ^  W h ile  p e r fo rm in g  ^ e s e  

t t r a f f i c  c o n t ro l  to  d e l i v e r i ^  p ro te c t  l i v e s  and p ro p e r ty

•>. , ’ .  _____n f f i c e r  u s e _ ^

■\r *•

f.f'. • .

>p'.• {■■ #. L'
'•‘•1. *' • J '

m e w  YO RK CITY POLICE DEPARTMENT Ch. 20 17

- T-Q-Q'



POLICE.STUDENT’S G U ID E  - la w

an a irp la n e  p i l o t  be d ^ stx fre d  m
1 . F o f  'what
v^aijig d e ad ly  p h y sx c a l fo r e -  

. •To m a in ta in  o rde r

To. prevent death or  eerions physical in jn r y

-  n

* fl, 1̂ 68101163? • +- 1
;  a ' i 5 y e a r  o ld  boy  i s  b e in g  e m it te d J o ^ a ^ ® e d ta l^ h o s | ^ ^

w ith  t L ^ c o n s e n t  o f  L i s  ^ a r t ia n ^ ^ H ^ ^ ^ ^ ^ ^  o rd e rs  the
" p ^ s ; :  S  e s i i a i t j a c h e t .  I s  t h is  a aus -

l i a b l e  /use o f  fo rce  •

' >

V * *

t .̂..• .Yes

ITo

 ̂ ’ E x p la iiL  yo u r answer*.

Yes

No •

E x p la in  y o u r  answ er. a. a
+-Vi£» •ra'Liin*^ o f  a b r id g e .

. : £ ' = ? h e " ^ f S t  " f s '? h is  a j u s t i f i a b l e  use  o f  fo rc e .

; Yes  

No

yo u r answer*.., :■ - ■;

’'■• ' j  '-H a rry  i s  s  c a m p  c o im se lo r .  tta^bottom  o f
'" fV r  ; ' l i t n ^ i S b t ,  Harry ^ ^ S o ^ t a d  the f i s b t .  I .

 ̂ !

n

■<

n e w  YO RK CITY POLICE DEPARTMENT
138?

Oil .  20 18



POLICE STUDENT’S G U IDE - l a w

"The use o f  d e a d ly  p h y s ic a l  fo rc e  upon a m inor o r  in -  
to  L i S a i i .  d i s c i p l i n e  ta  o u a ta ix e d .

True

F a lse

■ y .- iChree men g e f  ^ t o  an L f ^ e .
F rank  h i t s  Jake \^ ?® 2 a® 5 5 p | ^ e ’p a t ,  b u t F a t  manages to
F rank  then r a i s e s  the y  i u s t i f i e d  in  u s in g
s ta b  F rank  b e fo re  he can do so . was rax: ju soxxx
d e ad ly  p h y s ic a l  fo r c e ?

Yes

No

- * E x p la in  you r answ er.

' I s ^ t ,  s : ? ; k ^ ° "5 a s  l ? o ^ ? u s ? L i e d
. in . u s in g  d e ad ly  p h y s ic a l  fo r c e .

■ • • ' Tes 

. No ■

% \

E x p la in  y o u r  answer.

q Two men are s c u f f l i n g  out in  f r o n t  o f  Ted’ s ^°;jse. Ted

him  down. Was Ted j u s t i f i e d  in  u s in g  p h y s ic a l  fo rc e -

_____ _ Yes * ■

. No

E x p la in  y o u r  answer..

. ,':. Was M ark  j u s t i f i e d  i n  u s in g  d e a d ly  p h y s ic a l  fo rc e -

H V •'*
Yes

No

; ■■(
. .  .  ■ ... ,'*> •

Exp la in , y o u r  answ er.

" " tt  '-"A  neace o f f i c e r  i s  j u s t i f i e d  in  u s in g  d e a d ly  p ^ s i c a l  
f o « e  e?em t o o S  be co u ld  e ro id  such  u se  by  re trea tm u g .

• •
True

’ ‘ F a lse

f : ■- N E W  Y O R K  c m r  PO L ICE  D E P A R T M E N T

2 2 ^ . . -

Ch,. 20 19

< ^  '



POLICE STU DEN T’S GU IDE - l a w

12. H a r iy  opens 
fro n te d  w ith  an 
cash  drawer and 
him . W hile  the  
manages to  grab  
s e r io u s l7 . Was

Tea

up h i s  g ro ce ry  s to re  one m orning and i s  con- 
armed man. The man t e l l s  H arry  to  open the  
then sta n d  a g a in s t  the w a ll  o r  he w i l l  k i l l  
man i s  t a k in g  the money from the draw er, a r ry  
h i s  own gun. He sh o o ts  the man and wounds him  
H arry  j u s t i f i e d  in  u s in g  d e ad ly  p h y s ic a l  fo rce .

Ho

E x p la in -  you r answer.

13. Jack and M a tt b e lo n g  to  d i f f e r e n t  stu d en t f a c t io n s .  At 
. a r a l ly -  in  C e n tr a l P a rk , when v io le n c e  exp lodes between the  

two f a c t io n s ,  M a tt g ra b s  a broken  
, Jack. . -Assuming Jack has an avenue o f
. j u s t i f i e d  in  u s in g  d e ad ly  p h y s ic a l  fo rc e  upon M att to  defend  
h im se lf?

'V ŝ. ,* .

• 1, .-i'* '•

T e s

No-

E x p la in , you r answer.

1^. Dave and L e s te r  are d iv id in g  the f i s h  they  b rough t back  
from  a f i s h in g  t r i p .  Dave sa y s  he caught the b ig g e s t  f i s h .  
L e s te r  sa y s  i t  b e lo n g s  to  him . When Dave p e r s i s t s ,  L e s te r  
gra b s  an axe hand le  and th re a te n s  to  h i t  Dave i f  he d o e ^  t  
prive h -im the f i s h .  Dave g ra b s  a l o g  from the w oodp ile  ^ d  
sm ashes L e s te r  in  the fa c e .  L e s te r  i s  s e r io u s ly  in ju re d .  
Was D a v e 's  a c t  j u s t i f i e d ?

Y es

N6

E x p la in  you r answer..

15. D e n n y 's  c a r  has a f l a t  on a ve ry  busy, narrow  s t r e e t .  He 
moves ' i t  in  f r o n t  o f  a nearby h o u se , la y s  h i s  t o o ls  on the 

' la \m ,  and b e g in s  to  change the t i r e .  The re s id e n t  comes out 
-w ith  a C lub and s a y s ,  "G et o f f  my p ro p e rty  o r  I  11 smash yo 

o n e ." ..When the man approaches Dermy h i t s  him w ith  a t i r e  
iro n »  b re a k in g  the m an 's sp in e .  Was Denny j u s t i f i e d  in  h i s
a c t io n s ?

Yes

No

'■̂.v Szp laiB^  yoxir answ er»

N E W  Y O R K  C IT Y  PO LICE  D E P A R T M EN T Ch.. 20 20



16.' B rad  p ic k s  a f i g h t  w ith  R ic h a rd  over a g i r l ,  
is -k n o c k e d  down, he g e ts  up, extends h i s  h ^ d ,  and 

* R ic h a rd  he wants to  q u it  f i g h t i n g .  R ich a rd  ig n o re s  Brad  s 
rem arks and h i t s  him a g a in .  B rad  s t r ik e s  b ack . Was Brad  

' j u s t i f i e d  in  r e tu rn in g  R ic h a r d 's  b low .

Tes

POLICE STUDEN T’S C U ID E  - LAW

No

■ T.- ■ ■

E x p la in  you r answ er.

*' 17. Bob and Max d is a g re e  on w hich  o f  them won a b e t.  They 
id e c id e  to  s e t t le  i t  w ith  a f r i e n d ly  f i s t  f i g h t ,  and the f i r s t  

man knocked down lo s e s .  Would the use o f  p h y s ic a l  fo rc e  be
j u s t i f i e d  in  t h i s  ca se ?

( •
___ Yes

No

E x p la in  your answ er.

r s *  Mae t e l l s  J e r r y  she wants to  go on a t re a su re  hunt. When 
he sa y s  th a t  t h in g s  l i k e  th a t  are  f o r  k id s  and t e l l s  h e r  to  
a'ct h e r  age, she p ic k s  up a lamp and h i t s  him  ove r the head. 
J e r r y  th en  s la p s  h e r  fa c e .  Was Mae j u s t i f i e d  in  h i t t i n g  
J e rry ?

Yes

No

. r ,  V

n

E x p la in  yo u r  answ er.

X 9 . S teve  i s  a s e c o n d -s t r in g  q u a rte rb ack  on the f o o t b a l l  
teatm. He d e c id e s  the o n ly  way he w i l l  g e t  to  p la y  i s  to  pu t  
the f i r s t - s t r i n g  q u a rte rb ack . Jack , out o f  com m ission . Steve  
co n ce a ls  a sm a ll  c lu b  i n  h i s  p a n ts  pocket and accu se s Jack  

■ o f  ge tt in g - s p e c ia l  f a v o r s  from  the coach. Jack  d e n ie s  the  
a c c u sa t io n  and h i t s  Steve  in  an ge r. Steve  then  s t r ik e s  ack  

/ 'a c r o s s  the face  w ith  the  c lu b ,  b re a k in g  h i s  jaw. Was Steve  
/.. j u s t i f i e d  i n  tising^ p h y s ic a l  fo r c e ?

r* < •
Yes

No

E>fjj;lain y o u r  answ er.

©
< m

: 20» Ban i s  awakened by[ sounds one n igh -t. He snaps on the
-  L ig h t  se e s a man c ra w lin g  out the window w ith  h i s  w ife  s 

jew e l box under one arm. Lan  q u ic k ly  g e t s  h i s  r i f l e  and 
.1 - sh o o ts  the t h ie f  i n  the back . The man i s  s e r io u s ly  wounded. 

Lan  j u s t i f i e d  i n  u s in g  d e a d ly  p h y s ic a l  fo r c e ?

N EW  YO RK CITY POLICE DEPARTMENT Ch. 20 21

- i m t



I’TeS

No ’

POLICE STU DEN T’S G U IDE - l a w

' • ■

E x p la in  y o u r  answ er.

.-.21. .' G a r re t t  i s  s t a n d in g  a t  a window in s id e  home when 
'he  sed s a man com ing around the s id e  o f  the ,
se v e ra l o f  G a r r e t t 's  expensive  t o o l s .  G a r re t t  ^ s  o u ts id e ,
h id e s  "by the g a te , g ra b s  the man
arm b eh in d  h i s  back , and ta k e s  the  t o o l s  away from him . Was 
Garre.tt j u s t i f i e d  in  u s in g  p h y s ic a l  fo rc e .
V

•i ■
Tes

No

|vr

■̂ y'-

]k< :

■ si; *
'■ ' %

.  ̂^

■ E x p la in  yoxir answ er.

22. * G reg sees a s t r a n g e r  t r y in g  to  ge t  h i s  n e ig h b o r 's  dog 
in to ’ a. t ru c k .  He ru n s o v e r  and punches the man, c a u s ^ g  him  

•to drop the d og. The man jumps in  the t r u c k  and d r iv e s  
G reg .p ick s up the dog-and  re tu rn s  i t  to  the owner. Was Greg  

f j, j u s t i f i e d  in. u s in g  p h y s ic a l  fo rc e ?

. • Yes I:'- .

No

'■>>'i ̂ I ■ *

- . - ■ ‘ ■

't̂ y-m •
. .•« :

E x p la in  yoxir answ er.

25. M r. Farm ington  e n te rs  h i s  house and d is c o v e r s  a s t ra n g e r  
t a k in g  money o u t  o f  h i s  w a l l  s a fe .  The s t r a n g e r  p u l l s  a gun  
ou t o f  h i s  pocket and tak e s a sh o t a t  M r. F ^ m in ^ o n .  In  

’. t h i s  s i t u a t io n ,  w ould M r. Farm ington  be j u s t i f i e d  in  u s in g  
•.deadly p h y s ic a l  fo r c e ?

Yes 

No ^

-V;.

'"yi * ^

E x p la in  y o u r  answ er*

2A.. O f f i c e r  W eak le igh  ha s good re a so n  to  b e lie v e  th a t  F rank  
has com mitted an a c t  o f  d i s o r d e r ly  conduct and p la c e s  him  
under a r r e s t .  T h is  i s  the second tim e he ^^s a r re s te d  F r ^
f o r  t h i s  o ffe n se .  On the previous o c c a s io n ,  F rank  a tta ck e d
O f f ic e r  W eak le igh  and broke se v e ra l o f  h i s  r i b s .  iJearing  
t h a t 't h e  same t h in g  w i l l  happen a g a in ,
F rank -’w ith  h i s  b la c k ja c k  j u s t  to  be on the sa fe  s id e .  Was 
O f f i c ’g r  W eak le igh  j u s t i f i e d  i n  h i s  a c t io n s .

• T .S  ■

lS'.-,

-N o

•r-'.;*} * r- • ■ 
*

Eaq ila in  y o u r  answer.

N E W  Y O R K  C IT Y  PO LICE  D E P A R T M E N T

’ l l .  _________ _ - d M L ^

Ch* 20 22



25. 'D e te c t iv e  Jones re q u e sts  an a r r e s t  w arran t f o r  Buck  
• f o r  the crim e o f  ro b b e ry , 'fhe p ro se c u to r  sa y s  needs 

more evidence  b e fo re  a w arran t can be is s u e d .  .
•Jones' le a v e s  the p ro se c u to r ,  sees B u c ^  and a r r e s t s  him  f o r  
t h i s  crim e* Buck a ttem pts to  f le e .  The d e te c t iv e  Im ocks  

' him  down, f r a c t u r in g  h i s  arm. Was D e te c t iv e  Jones j u s t i f i e d  
i n  u s in g  p h y s ic a l  fo r c e ?

•Yes

POLICE STU DEN T’S GU IDE - l a w

-r''”

'No

. Expla^in y o u r  answer.

2 6 . O f f i c e r  Dow h as j u s t  a r re s te d  Ted f o r _in t o x ic a t io n .  As 
he t r i e s  to  en te r h i s  p a t r o l  c a r ,  T e d 's  f r ie n d  shoves dim . 

'■ ’The o f f i c e r  t e l l s  him  to  s to p .  When the man c o n t in u e s ,  the  
•■ "officer pushes bim away from  the c a r .  Was O f f ic e r  Dow j u s t i -  
■ ' f i e d  i n  u s in g  p h y s ic a l  fo r c e ?

 ̂ ' _ Yes -

• -No

i t E x p la in  yo u r answ er.

27. • *Bud i s  sou gh t p iirsu an t to  a v a l i d  w arran t. When O f f ic e r  
. T u g g ‘a ttem pts to  a r r e s t  h im . Bud p u ts  up a f i g h t ,  would  

O f f i c e r  Tugg be j u s t i f i e d  in  u s in g  re a so n ab le  p h y s ic a l  fo rc e
to  subdue Bud?

■. r.-'

?V"

j:-.

 ̂Yes  

•No

Ebcplain y o u r  answ er.

2 8 . ’ O f f i c e r  Sm art a r r e s i^ a  man f o r  d i s o r d e r ly  conduct. When 
■ the man attem pts to  ge t  away, the o f f i c e r  t e l l s  h:m to  h a l t .
The man keeps ru n n in g ,  so  the o f f i c e r  sh o o ts  h ^  in  the  arm.
Was O f f i c e r  Sm art j u s t i f i e d  in  h i s  use  o f  d e a d ly  p h y s ic a l  _orce.

Yes

. N o

- 'T . .

/■i-:

E x p la in  y o iir  answ er.

2 9 . . -’The p o l ic e  c o m e r  2 men a tte m p tin g  to  k idn ap  an o the r and 
p la c e  them under a r r e s t .  One man tu rn s  to  the o th e r, accu se s  
him :pT a l e r t i n g  the  p o l ic e ,  and ta k e s  out a k n i fe .  B e fo re  he 

■ can  -stab h i s  p a r tn e r ,  an o f f i c e r  draws h i s  gun and sh o o ts  him. 
W as/the  o f f i c e r  j u s t i f i e d  i n  h i s  a c t io n s ?

____ Yes

^  ■ No

E x p la in  your answer.

N E W  .YORK C IT Y  PO L ICE  D E P A R T M EN T

----^92 ----------

Ch. 20 25



POLICE STU DEN T’S G U IDE - l a w

30 . O f f ic e r  R a n d a ll  i s  in  un ifo rm  when he sees M r. F a r r i s ,  
Whom he th in k s  i s  wanted f o r  a rob b e ry . He p la c e s  him under 
a r r e s t c a r e f u l l y  e x p la in in g  a l l  the n e ce ssa ry  in fo rm a tio n  
to  P a r r i s .  M r. P a r r i s ,  know ing th a t  he i s  a v ic t im  o f  m is -  

, taken  id e n t i t y ,  s t r i k e s  the o f f i c e r  in  an e f f o r t  to  r e s i s t  
the i l ' i e g a l  a r re s t . '*  Was M r. P a r r i s  j u s t i f i e d  in  r e s i s t i n g  

'^arrestT

' Tes
n

■■ ;■ £■. 

Ji-,,

. f. ■
-■

No

E x p la in ,  y o u r  answ er.

3 1 » -A- iin iform ed po licem an  i s  on d u ty  a t an a n t i-w a r  demon-
-•'̂ U s t r a t io n .  Someone in  the crowd c a l l s  the o f f i c e r  an obscene 

. ' name.- The o f f i c e r  a r r e s t s  Pete f o r  t h i s  o ffe n se ,  t h in k in g  
he' i s * t h e  pe rson  r e s p o n s ib le .  Pete  knows he i s  b e in g  a r r e s t ­
ed i l l e g a l l y ,  so he k ic k s  the o f f i c e r  and attem pts to  ge t  

• Was Pelaway. • Was Pete  j u s t i f i e d  in  u s in g  p h y s ic a l  fo rc e ?

\ * *• t: '* .

Ofes

No-

ji '.*' - 'E x p la in  yo iir  answ er.

; 3 2 . * A ‘p la in c lo t h e s  d e te c t iv e ,  b e l ie v in g  Tim i s  wanted fo r
\  murder, g ra b s  him w ith o u t any e x p la n a t io n .  Tim i s  s t a r t le d  

. "and s t r u g g le s  to  ge t  away. He e v e n tu a lly  overcomes the de- 
t e c t iv e  and f le e s .  Was Tim j u s t i f i e d  in  u s in g  p h y s ic a l  fo rce  

' -..̂ under these  c irc iim stan ce s?

:re s

No - ,

riA*
-E x p la in  youir answ er. . _

’ 35 - John ro b s M ary and f le e s  w ith  M ike , a c i v i l i a n ,  in  c lo se
p u r s u it .  M ike sees th a t  John i s  g e t t in g  away. M ike draws a 

" .38  c a l ib e r  d e te c t iv e  s p e c ia l  r e v o lv e r ,  f o r  w hich he has a
, :* p e rm it r and sh o o ts  John in  the back . Was M ike j u s t i f i e d  in
,, sh o o t ip g  John?

‘ ̂ •' **.r
'Y e s*•- \■ ■».
*No

. . .

- E x p la in . 'y o u r  answer.

r ? W;
N E W  Y O R K  C IT Y  PO LICE  D E P A R T M E N T Ch. 20 24-

o o



POLICE STU DEN T’S G U ID E  - l a w

AHTiTTIONAL QUESTIONS ON JUSTIFICATION

. *»frs-. ■
■- >

i.*" '*

-* V’"

I . • . . » ' ‘
V .J,

-fjf- ■ 
a'#:' .

3 4 . ' a  peace o f f i c e r  may p ro p e r ly  u se  d e a d ly  p h y s ic a l  fo rc e
• i n  w hicli o f  the  fo l lo w in g ?  

a .  to  s to p  any rape  
h . to  stop  any b u r g la r y

■ ■ " ’‘c .  to  sto p  any ro b b e ry
• dee to  sto p  any sodomy

;V: re»  a l l  o f  the above
•• none o f  the  above

I ' -  f : ? :  I I . I Z  b ?  Z l i  To T l  a d w e l l iu s

: ?  -. . l:  g  ? f a S L r ! 5 r e ^ L ? r S y  d e ^ e e

■ j S M ie s a r d in s ^ d e a d ly  p h y s ic a l  fo r c e ,  s e le c t  the  c o r re c t

* StrSL'tSTHSnt • • i ■; o-r»<? eXSCtXT "fchs ScLIHG
: • p l « ?  ? “ J le v L r o r ° ie r m in a t e  the use  o f  d e a d ly  P h y s ic a l

i “| r iv a te  p e rso h  W  use  d e a d g  P ^ a i « l ^ f o r c ^ t o  a r re s t

S ‘ - ' c  £ e  ^ ° e ?  o f M f i S r - r u s e  d e a d ly  p h y s ic a l  fo r c e .
'  • ■  ̂ ‘ to  a r r e s t  f o r  b u r g la r y  o f  th a t  b u i ld in g

• 4 . Peace o f f i c e r s  and ® • ” 1 ®?“ ? e the
fo r c e .

'. 57J  Peace o f f i c e r s  ^ d  P« ja°“g^ ?^ a j^ S | u e ra l^ ^
i ia:.vsame a u t h o r it y  f o r  u s in g  d e ad ly  p h y s ic a l  lo n ce  

i l l  w h ich  o f  the  f o l lo w in g  ca se s  ^
-Arson ' ' '
B \irg la ry»  1 s t  degree  

:V:-\V .‘c » -F o rc ib le  Hape
"d^J K idnapp ing- .. \

za the c o r re c t  statem ent r e g a rd in g  the ^se  o f
p S ^ s i L f l o ? c f ? y  a c i v i l i a n .  .A c i v i l i a n  would ^  be

S ; r :  t  l l t l l i m  f o  f S  S i f «

S i S s l i f f  f S  h a s  attem pted to  ^ d e r
' a  c h i ld  and i s  f le e in g  the  scene.

i» %

w T .  r'tvi

*. . .y*-. ,-.,. -.1

■ -̂ /r.
■ V*.

*-ri

S itfjg .iW h ich  of the following a b a g ^ u ^  as ^ cow ect?
■ . av A  homeowner may u se  deadly^ p h y s ic a l  x o rc « ,

V ;  I V e S i r U  K S l ^ p ^ k S !  f o r f ;  to  p reven t

■ r f ^ l - f c f  - r i e a d l y  Physical fo rc e  to  p re -

‘ r “! a ? n ? f ? S ? L r u i f S I d f f p »  ro rce  when 
n e c e ssa ry  to  cap tu re  any a r s o n is t .

Ch. 20 25

,Vi .■
d*

'Ti‘ .*
' B 3 1



POLICE STUDENT’S GU IDE - l a w

,1.
• V . *■’

- -I;t ; 3»
■■■•’i'’.' it

, .5 .

6*

A-No
B -T ea

A -Tea
B-Ho
C -T aa

T e s -

•Tes

Tea -

Talae

answers
:To m a in t a in ‘o rd e r  to  p revent  
• death  o r  a e r io u a  ph yaxca l 
 ̂ in j u r y

;a* .

n-./-Tea ' r:.'
; iOf.v Ye«

True

•v" •’

• t? ■ *'

/ -v ••.•'■ *!."' ••X' r  -T-5*̂'Sl'R. !'• '.
fi?- C'-

. :.v

■'V-

•;12 . “ ,Xea

-;iit»..: Tea:-:-

l i 5 r  ^ N o S  (Denny co u ld  have  re t re a te d )

T e a- ,A
i 7 . - No 

‘̂ 8-^' N o ,“ ■ ' . - • ' f.•

on ' No . . (T h e :s it u a t io n  i s  no ^ T h e ^
-  * ' ■ Tjr-'event o r  te rm in ate  s ta g e .  The
H - k  y - -  etided. I t s  now xn

. th e  a r r e s t  s t a g e .

Tea 

Tes  

Tes  

No 

No 

Tea 

Tes  

No 

Tea 

No 

No
\

T es ( o f f i c e r  i s  
i n  p la in  c lo th e s ,  
he d id  not  
i d e n t i f y  him­
s e l f )

53- Tea

3 4 . C

3 5 . C

3 6 . D ^

57. c
38. D

3 9 . B

2"l.

22.

2 3 .

24.

2 5 .

26.

2 7 .

28. 

2 9 . 

5 0 .

3^.

3 2 .

«.*aO ‘
r's?.'...: . - 1 f-j

jjia a . PAGE No. 26



r '. '

€ t

^ T A IIlT IT r  TT- PTOSECW IOHg._______

po i ICE ST U D E N T ’S G U lDEj;J,AW---- ---------

« o r  circumstances
The law  re c o g n iz e s  criminal responsibility or

'w h ic ii Jnay excuse a p e rso n   ̂ T>esponsibility must be
m it ig a t e  b i s  4. A c t s  w hich  are not volxmta^
b ase d  upon a  w i l l  d i s c u s s  the following

‘ d e fen se s in  t h i s  ch sp ten .

•pgTnrwRTSr 1 - Justification
3 I  M ^ t a i^ D is e a s e  o r  D e fe ct

iw y iS M iT IT E  DEFENSES:
 ̂, Eenv inc iation

2, Entrapm ent
3 . Duress

V %

TUTSDDOonOH: n n pn m  OF PM O ?=  Tde I s  a^cused^and■ a c n n i M i  charge  a°d i t  rs the r i g n r ^  purpose of legally
S i / l e ^  t o  n se  “ 7  S^yile'orlSlnairwith tectaical

■ re co K n ize d  de fen ses x s no o f  t h e i r  a c t s  bu t r a th e r
S ^ s  to  escape the  « o ^ J ® 5 ?® ?^ l% u s t ly  and in  ke e p in g  w ith  
to ’ in s u r e  t h a t  th e y  a re  c - -iiir isp ru d e n ce . I t  xs e l

' th e  requ irem ents o f  ovir sy s te  to  prove h i s  innocence
• - Sntl^ th a t  th e  accu sed  th e ^ p ro se cu tio n  he

o f  th e  ch arge . Throughout innocence w hich does not dxs
. i s  p ro te c te d  b y  a. P ? ® J " ^ ^ i S i l t  i s ^ e a c h e d  . it ir th e rm o re , ^

' app ear u n t i l  a  v e rd x c t ° ^ ,® ^ P ^ e if_ | n c r im in a t io n  p r o te c t s  hxm
fundamental p r i v i l e g e  a ga v ritness a g a in s t  h im se lf .  ^
S ^ b e i n g  compelled to  be  w hich must e sta b  lx  sh

, ,4 5 f a ' ' * g S i ! l ? £ / o S ^ e  l ^ r g e  a r a s so n a h ls  dou ^ .

■ - I s  t o  thff d e fen se s th a t  ^ e  s u b je c t ’may he

' it t  th e  l i g h t  o f:
.j__ rt'f th&  accused  to  commxt 

th e  h a sx o  cap acx ty  o f  tn
crim e; nr s n e c i f ic  d e fe n se s, such

' ? >  a - 7 ^ s a s i  s  . .

' 'Vi--

*: -  ■ a F t h e  s t a tu te  o f  the prosecution’s
■ ":r V- 3) th e  accused ' s  e f f o r t s  ^?/*^sgitility of particular 
-  - S a e  h y  c h a lle n g e s  to the ^?^elf o r  to pro­

ite m s o f  ev idence ; o f  the r rx a x  
ce d u ra l i r r e g u la r x t ie s c

I W  a defense  i--
- • -burden o f  a t ? t S te  to  he an a ff irm a tx v e  de-

■'• ^ d " i? ; r :p o n d s r s n = .  o f  evidence  are  -

;jr ------
are  degrees

n e w  Y O R K  C IT Y  PO L IC E  D E P A R T M E N T

_______---------------------------------------------------------

Ch. 7 1



■ ■ ^  7 ■ '-‘s . *

V, >
'<t' -'

-.n..*-*

'f'.

*• ?.. -i . **
■ •»;• ■- »;‘- • 

V
'•'a---

'-J «••;<' ‘ ■ir!ii ■ ;.•
^  -■ ,7 r  • . W f

• at(-•■■■•; '
^ ii/ *

o f  p r o i  t h a t  w i l l  be e x p la in e d  below . 

o'.p.nTTT TO C O m l l  C M J g :  ' The

: : S l a ^ ? n 5 ? l ? = t I d  on

^ y l i i n f i ^ f l e r l o n a  rJ o o gn iz e d  b y  law  enoh 
o r  e S a t e s .  To meet th ese  p rob lem s, s p e c ia l  r u le s  o f
b i l i t y -  were e s t a b l is h e d .

■ a c t s  coxild not be im puted to  young c h i ld r e n  in  ev r y

C h ild r e n  under the  age o f  seven y e a rs  were c o n c lu s iv e ly  p re ­
sumed to  be in c a p a b le  o f  com m ittin g  crim e.

Ch ild ren , between th e  a ge s o f  seven and fo u r te e n  c o n t^ u e d  to

•hflH -hhe* c a n a c itT  to  know th a t  i t  was wrong. C h ilo re n  
•ppached th e  ap:e o f  fovorteen were deemed to  have c r i ^ n a l  c a -  

. and  t h i le lo r e  were f n l l y  o r i n i n a l l y  re sp o n sx b le .

. Twr TTKW TORfC STATE LAW: New Y o rk  Law p ro v id e s
J l ^ s X r f L t e e n  y e a ls o ld ,  a re  n o t o r r ^ n a l g  re sp o n a rb le  
.■ ■ for c o n d ^ .  and la o k  o f ^ o r ^ a e l ^ r «

S i i r t r e S ^ t h e ^ a e t h o d s  o f  d e a l in g  w ith  ia v e 'n ile  d e l in q n ^ t a .
and P e rso n s  I n  Need o f  S u p e rv is io n  in  c r im in a l"
enviHo- T-t- i s  enoufdi to  remember t h a t  i f  the  a l ie g e a  c r i ^ u  
i T m d e r  16 y e a ? S ^  age , he i a  n o t oharged w ith  a o rrae  bu t

S f e n L y i o S l d “i I v t ^ § e 2n'-a“S “ S ^  O

g s M  S M t a ^

£ t = i n ! ^ l ^ ’i s V l ^ f e h S  io  no ted . ^
however*^ th a t  a  man may be  co n s id e re d  in san e  from  a p u re ly  me ^  
S  s W n S ^ i n t  b e o a u s i o f  a m enta l d ise a se  o r  manra and y e t  ■ 
n o t  b e ijn s a n a  in  th e  eyes o f  th e  la w -

The co m o n  law  i n  re g a rd  to  t h i s  de fen se  was c ^ d e  in  ^ e _ 
extreme f o r  many c e n tu r ie s ,  b u t,  even in  i t s  h a r sh e s t  ^ y s ,  
i t  re co kn iae d  some form  of- in s a n i t y  a s  a p o ^ i b l e  de fen se . ^
The e r e S  change in  the  a t t i t u d e  o f  the  c o u r ts  tow ards the  
S l m g l -1 r e S o n s i b i l i t y  o f  m e n ta lly  a f f l i c t e d  p e rso n s  occu rred
i n  th e  19 t h  ce n tu ry .

POLICE STU DEN T’S GU IDE - l a w

N EW  YORK. CITY POLICE DEPARTMENT
1 3 0 7

Ch. 7 2



k- . ■ -i

Thp main'D r in c ip le  ‘behind the defense o f  in s a n i t y  i s  th a t  
S  " S e n s ^ ? S "  ( l u i l t y  m ind). S in ce  a g u i l t y  mxnd must operate  
i o i n t l y  w ith  a g u i l t y  a c t  to  c o n s t itu te  a tru e  crim e, a pe rson  
incapab le - o f  fo rm in g  the r e q u is i t e  m ental s t a te  cannot in c u r

r le g a l  g u i l t .

 ̂ - There a te  se v e ra l te & ts  employed by the c o u r t s i n  the v a r io u s  
'̂■ 1 j u r i s d ic t i o n s  to  determ ine whether an accu sed  i s  

I f  the  accused  s a t i s f i e s  the  c o n t r o l l in g  
‘ • q a n itv  in  a n a r t ic u la r  S t a te ,  i t  i s  a com plete defense, m e  

S S f o i  t L ^ a S c i s e d 's  mind a t  the tim e the  •
com m itted i a  the  main q u e st io n  to  be ^  f t  t L

■ ‘ - be noted  th a t  the law  re q m re s  the  accused  to  •
••••time o i: a r ra ig n m e n t, a t  the  t r i a l ,  a t  tae  tim e o f  se n te n c in g ,

.’■•'• when h e - i s  asked  by  the  judge i f  he knows
; u judgment sh o u ld  no t be pronounced a g a in s t  him, and, a i m  a t  

■ ,the  time- o f  e xecu tio n  i f  th a t  be the  sentence imposed by the
>.court^

- I n  the -Federal Co\arts and in  ro u g h ly  h a l f  the  S t a te s ,  i n ­
c l u d in g ‘New Y ork , the  ru le  i s  th a t  once some evidence  
s a n it y  has been in tro d u ce d , the burden i s  on the p ro se c u t io n  
t o  prove-beyond  a re a so n ab le  doubt th a t  the  accused  was l e g a l l y

• : sane-a-t; th e  tim e o f  the  o ffe n se .  I t  i s  a q u e st io n  f o r  the
'• members o f  the  ju r y  and not f o r  m ed ica l e x p e rts ,  r e g a r d le s s  

. - . o f  t h e i r  q u a l i f i c a t i o n s ,  to  determ ine the is s u e  o f  in s a n i t y
• ,*'.yat,>the--time o f  the  c r im e .

■•••• 25J2  r ig h t  Airo WEONG- TEST: The " r i g h t  and wrong ^® st" i s  the
» most ■ wi'delT used  t e s t  to  determ ine the q u e s t io n  o f  le g a l  in  

. • ■ S n i t y  i n  t h ^ S n i t e d  S t a t e s .  I t  i s  o fte n  c a l le d  the  "McNaghton  
. . R u le "^ fo r  i t  re ce iv e d  i t s  c l a s s i c  fo rm \ila t io n  in  18^3 m  the

■ "' a fte rm ath  o f  a ce le b ra te d  E n g l i s h  murder t r i a l  where the de-
t ' - l  fen d an t, McNaghton, had been found "n o t  th e ^ E n S ish ^

in s a n i t y " .  I n  r e p ly  to  q u e s t io n s  ad d re sse d  to  the E n g l i s n
’"‘̂  nudges by th e  House o f  L o rd s,  th e  ju d ge s ru le d  th a t  a de - 
■ ^ L n d a n t  i s  no t e n t i t le d  to  a defense on the  
' « a n i t y  u n le s s ,  a t  the tim e o f  th e  crim e, he was la b o r in g  

under such a  d e fe c t o f  rea son , from  d ise a se  o f  the mind, a^
■ 'n o t to  know the  natu re  and q u a l i t y  o f  the a c t  he was d o in g ;  

o r  i f  he did. know it , ,  t h a t  he  d id  not know he was d o in g  what
■' was. w rdng."

- T H E  IERE6 IS T IB L E  n-IPUI^E TEST; From e a r ly  t im e s, the  common 
^ law  re c o te iz e d  an " i r r e s i s t i b l e  im pu lse  o f  a te m p o ra ^  _

ch a ra c te r  a s  a ground o f  p a r t i a l  excuse in  the case  o f  hom icide  
- committed under the  em otiona l s ta te  o f  p ro v o c a t io n .  Today, 
'V th e  Supreme Cotirt o f  the  U n ite d  S t a te s  and the  
'' o f  t h e 'S t a t e s  reco gn ize  i r r e s i s t i b l e  im pu lse  a s  a de fen se .
• such  j u r i s d ic t i o n s ,  th e re fo re ,  n o tw ith s ta n d in g  the  f a c t  th a t

one accused  o f  crim e may have been a b le  to  ®
• n a tu re .an d  consequences o f  h i s  a c t ,  and to  know ^hat i t  was 

■ wrong,, n e v e r th e le ss ,  i f  he was fo rc e d  to  i-fcs execu tion  by  an 
* im pu lse  \w aich he w as.pow erle ss to  c o n t ro l in  consequence o f
. an act-wiai d ise a se  of. the  m ind, lie w i l l  "be excused. I f  the  

im p u ls e 'i s  based  upon emotion o r  m oral in s a n i t y  o r  i n s t a b i l i t y

POLICE STU D EN T’S G U ID E  - l a w

I’'-:;- •.

IT-' N E W  Y O R K  C IT Y  PO LICE  D E P A R T M E N T Ch. 7

1398



POLICE STU DEN T’S G U IDE - LAW

o r  on p i s s io n  o r  an ge r, r a th e r  th an  a d ise a se d  m ental con­
d i t io n ,  the i r r e s i s t i b l e  in :pu lse  i s  no de fen se , whether 
an impul'se in  a g iv e n  case  i s  i r r e s i s t i b l e  p re se n ts  a ques­
t io n  f o r  the Ju ry . T h is  t e s t  i s  sometimes c a l le d  the  t e s t  
o f  th e  em otion s” .

THE DURHAM RULE: In  the  D i s t r i c t  o f  ColTimbia, a r u le ,  enun-
,-c ia ted  in  ' l ^ '^ b y  the  F e d e ra l Court o f  A p p ea ls  f o r  th a t  d i s ­
t r i c t ,  h e ld ,  s in ^ ily ,  th a t  an a c c u s e d - is  not c r im in a p y  r e s -  
p o n s ib le  i f  h i s  u n la w fu l a c t  was the  p ro d u ct o f  m ental d ise a se

i. -or.'m ental d e fe c t*

-^-SUBUOEi^IAL M E N IA L ir r .  UUCONSCIOUSHESS: The f a c t  th a t  a p e rso n
‘■/ i s  subnorm al m e n ta lly ,  i . e .  weak o f  i n t e l le c t ,  ig n o ra n t ,  o r  
■- ' def i c i e n t  in  any m enta l fu n c t io n ,  i s  n o t,  i n  i t s e l f ,  a de fense  

- to  a c r im in a l ch arge . Some c a se s  h o ld , however, th a t  where 
• the crim e charged  re q u ire s  a s p e c i f i c  m ental s t a te ,  ev idence  

i s  a d m is s ib le  th a t ,  because o f  m ental a b n o rm a lity  not am o m t-  
in g  to  l e g a l  in s a n i t y ,  the  accu sed  d id  not have the s p e c i f i c  
m e n ta l-s ta te  re q u ire d .  P ro o f  th a t  an accused  i s  an e p i le p t ic  

- does n o t n e c e s s a r i ly  show in s a n i t y  r e l i e v in g  him from  c r im in a l  
■ ^ re sp o n -s ib ility .  I f  a p e rso n  i s ,  in  f a c t , u n co n sc io u s a t  the  

tim e h e ' commits an a c t  w hich w ould  o th e rw ise  be c r im in a l,
■ '•iiS; n o t c r im in a l l y  r e s p o n s ib le .

A pe rson  i s  n o t c r im in a l ly  re sp o n s ib le  f o r  
conduct- i f ,  a s  a r e s u l t  o f  m ental d ise a se  o r_ d e fe c t,  he la c k s
NEW YORK RULE;

- r. Ki :r.

s u b s t a n t ia l  c a p a c ity  t o  know o r  a p p re c ia te  the  nat-ure and con­
sequence o f  the  conduct o r  th a t  the  conduct was wrong. Lack  
o f  c r im in a l  r e s p o n s ib i l i t y  by rea so n  o f  m ental d ise a se  o r  
d e fe c t  i s  a "d e fe n se ”. (P e n a l Law 50*95)

'PRE-TR IAL NOTICES OF  DEFENSES: Ev idence  o f  m ental d ise a se  o r
d e fe c t  o f  th e  defendant e x c lu d in g  c r im in a l r e s p o n s ib i l i t y  i s  
n o t a d m is s ib le  a t  t r i a l  u n le s s  the  defendant se rv e s  npon the  
peop le  (an d  f i l e s  w ith  the  c o u r t )  a w r it te n  n o t ic e  o f  h i s  i n -  

- ' te n t io n  to  r e ly  on such, a d e fe n se . The c o u rt  may pe rm it se r
. v ic e  and f i l i n g  a t  any tim e  p r i o r  to  the  c lo s e  o f  the evidence.

■ JU ST IF ICAT IO N : In  any p ro se c u t io n .  J u s t i f i c a t io n ,  a s  d e fin e d
; in. A r t i c le  33' o f  th e  P e n a l Law, i s  a de fen se .

.-'w h a t  c o n d u c t  I S  JU ST IF IA B L E ; Conduct w hich w ou ld _ o th e rw ise  
an o ffe n se  i s  J u s t i f i a b le  and n o t c r im in a l  when 

re q u ire d  o r  a u th o r iz e d  b y  law  o r  a j u d i c i a l  decree o r  p e r -  
form ed b y  a p u b l ic  se rv a n t i n  the  re a so n ab le  e x e rc ise  o f  ^ s  _ 
o f f i c i a l  pow ers, d u t ie s ,  o r  fu n c t io n s  (P e n a l Law S e c t io n  55-05  
S i ib d iv is io n  1 ) .

N EW  YORK cmr POLICE DEPARTMENT Ch. 7



...

&

^ i  .1 ■

POLICE STU D EN T’S G U IDE - l a w

?- ■»

• r •■'■••

■''.•fii' • '* ■

. . . W .  ^ . T I^ IA B L E
emergency measure reason of a situation occ-
ju r y  which, is fault of the actor, and which

..••irof̂ tuch
i ^ o i d i n f r = h " ^ o ! ^ ^ o S i t  to  l.e prevented  by  the s t a tu te  

r d e f i n i n g  the o ffe n se  i n  i s s u e .

The n e c e s s it y  and j^®‘̂ ^ ^ ^ to ^ th ? 'm o ra lity  and a d v i s a b i l i t y  
s i d S a t i o n s  p o r t a l s  c o g  o r  w ith

?■  ;p  ! S ^ t f I  S x t i c u a l l  case  o r  ca se s  a -

f l f X X  t ^ “ eleSiaS:"tir?oiS- under t h i s .  s u M r v i s i o h  i s  the c la im ed  f a c t s  and
n u s t  r u le ,  a s  a m atte r ^^Jj^^^ned, c o n s t it u te  a d e fen se .. circumstances w ould, i f  e s t a o i i s n  , ^o a l im it e d

■; j.. J u s t i f i c a t i o n  “^^^ay be n e ce ssa ry  in  an emer-
■■ ' f e r c y  t̂o ? l l l h ’ i l M o u s e  io  use  j le p h c n e _ to ^ s^ o u ^ | id ^ ^

;:-*“ui?;ie5e^t"cln^ic?ion^ i=to
■ '•* t r e s p a s s ) .  .

• naREm. GnumiAH 05 cnma PSHSOH: guolrvikOT*S^^minor°Cunder
.. p e rso n ’ e n tru ste d  a ,ith  SisoI c S  loc o Parentis) .

• .<’ .2 1  y e a rs  o f  age ) o r  an the care  and su p e r-
. . . l i L t L c h e r  o r  ?thor parson e n t r a s t ^ w i t h  p h y s ic a l .

■ '■■ S l i l !  S L \ m a £ ? J h ? | = a l  TeasSSl?^afi°e?erit
: S^felsS r o 'm lt n r a in ’̂ l i S r i i n a  o r  to  promote the w e lfa re  o f

1 the m in o r o r  incom petent p e rso n -

m .

r* • ■ .w ••-•-;

Q : :

Q .

•5k ' •'

fo rc e  a s  i s  au tfto n n e a  d j  -------------------

i > R R S ™ '  II - r n T r iT T "  —  o ?  o m e b  ttt a  c o t m  c a ^

P e rso n  a i r c r a f t ,  b u se s,
TT1 a» r-ommon c a r r ie r  his^S?Sion^''Sa7 use physical

■ S: e tc - . i  o r  a p e r w n  a c t in g  “ “̂ o fa ^ J ^ a b ir b e lie v e s  i t  n e ce ssa ry  
:. i fo r a e -  to  the ^ e n t  '!® | “ S / p h y 3i c a l  fo rc e  o n ly  when
; , to  m a in ta in  o rd e r .  He “y o | ®  “e ^  t o ^ e v e n t  death  o r  se r io u s  

;:• ' he ;reasonab ly  b e l ie v e s  i t  n e c e ssa ry  uy 
p h y s ic a l  in ju r y .

< s n lC lB S S i  A p e rso n  a c t in g  ™ ^ | . ® _ f f ® ? ° “ ^ i® t o * i n f I i c t
W  S o r S ^ e ! f  may use  p h y s ic a l  fo rce

A. - _ •

N EW  YO RK CITY POLICE DEPARTMENT
1400  ______

Ch. 7 5



POLICE STU DEN T’S GU IDE - l a w

upori such  p e rso n  to  the extent' th a t  he re a so n a b ly  b e l ie v e s  
i t  n e c e ssa ry  to  th w art such, r e s u l t s

-r '- V

♦ *

I* v  V ■
' »>'■*> ̂

;• •-

A raiLT LIOENSEP PH TSIC IA ff: A  d u ly  l ic e n s e d  Phy3ician^_or^a_^

- incom petent, consent o f  p a re n t, gu a rd ia n , *L ,n ysic iii r e a -
i f  ad m in iste re d  in  an emergency, P ^ ^ c ^ b e  con -

■; t h a t  no one
th a t  a re a so n ab le  p e rson , w ish in g  to  sa fe gu a rd

■ '".the -w e lfare  o f  the  p a t ie n t ,  w ould co n sen t.

i:>TnscpTPIABLS US5 OF PHTSICAL FORCE GEin^LII: Physical force
" ‘ may j u s t i f i a b l y  be u sed  upon p o t h e r  p e rso n  J^ c-n y

u s L ,  o r  a t h i r d  p e rso n , o r  o f  ^n a S e s t
o f ,  o r  c r im in a l m is c h ie f  t o ,. p ro p e rty ; to  e f fe c t
an4 *to p reven t an escape from  cu sto d y . ^®^?^®^d,^g5 c a l  fo rc e  
anyhon ized  bv  any su ch  p r o v is io n  to  use  d e ad ly  p h y s ic a l  l o r

g iv e n  c S ? u l s t a n ? e ,  n o th in g  co n ta in e d  i n - ^  o th e r  
p r i ? S i S  i s  deemed to  uegate  o r  qualify such  a u th o r r ty .

. . .  ■ . •: S I

• 1-1 C' : - -■ t i a l  avECcessor* In  the  l a t t e r  case , h i s  use o f  p h y s ic a l
■ , : ^ r o S e  i ? o n l y  j u s t i f i a b l e  i f  he has

co u n te r  b u t  the o th e r  co n t in u e s ^ e  m c id e n t  by  the use  
imminent u se  o f  \an law fu l fo r c e .

f

r f  the  u se  o f  p h y s ic a l  fo rc e  i s  the  p rod u ct o f  a combat by  
agreem ent n o t S p e c i f i c a l l y  a u th o r iz e d  law  (su c h  a s  a d u e l 
o ^ o t h e r  f i g h t  b y  agreem ent), i t  i s  n o t j u s t i f i a b l e .

r\i: A o e rso n  mar use  deadly p h y s ic a l  fo rc e  to  defend h im s e lf  o r• < ■ ■•■d.t pSi^onlJ- if h i  re a so n a b ly  b e l ie v e s  the o th e r  p e r - O

may n o t use  d e a d ly  p h y s ic a l  fo rc e  i f  he 
t :-^'-'^?^j:plmQWS th a t  b y  r e t r e a t in g  he can avoid the  n e c e s s it y  o f  so  do 

i ^ ^ ' S j l i i i ^ ^ f i n g . w i t h  com plete s a fe t y  a s  to  h im se lf  and o th e rs .

— ?  A  p * ^ ^  u n d e r no d u ty  to  r e t r e a t  i f  j “S  ^
i n i t i a l  a g r e s s o r .  o r  i f  a peace o f f ic e r ^  (,o r  a pe rson  

■ •^ '?-iaSS iating a peace o f f i c e r ,  a t  the peace o f f i c e r  s d i r e c t io n )
- X- ■ maWTig- an a r r e s t  o r  p re v e n t in g  an  escape a s  p ro v id e d  ^  

ii‘- S e c t io n  55*30 o f  the  P e n a l Law o r  i f  he re a so n a b ly  b e lie v e s
> .. ■■ ■ th e  o th e r  pe rson  i s  com m ittin g  o r  a tte m p tin g  ^

-'• •v,.- * - f o r c ib le  rape , f o r c ib le  sodomy o r  robbery ; o r  i s  c o ^ i t t i n g
r- • or ̂ attem pting to  commit b u r g la r y  and the use o f  d e ad ly

x^X physica l fo rc e  i s  a u th o r iz e d  b y  the P e n a l Law.

f

A ;/;. v':: r<VN EW  YORK CITY POLICE DEPARTMENT Ch. 7 6

I M l :



*-. ‘ •* ; .- • * •

death, o r  o th e r  s e r io u s  p l iy s ic a l  in o u ry .

■ defsns^ 01̂  p m m ses of

:■■ JlSeptry to  S L f  L “ “'
■ m iss’ib n  ( o r  a ttem pt) b y  such  o * d '^adly p h y s ic a l  fo rce
■ v o lv ih g  damage to  to  be n e c e s la ^ ^ t o  prevent

? i r = o S i s f x o r o l  attem pted o o m ^ iss io a  o f  ^ s o n .

; A person in possession “V S f o L s L a n o f o l  on i^
. p r iv i le g e d  to  be th e re  to  p reven t o r  te rm inate

■ >. he re a so n a b ly  b e l ie v e s  i t  o th e r  pe rson  o f  a c r im -
the •commission, (o r  attem pt) , b y  u se^dead ly  p h y s ic a l

•' • i n a l ’ t r e s p a s s  upon the ®he Com m ission (o r  attem pt)
/  ^ l ' i l s S % r ° i S ' S r o o S s r S  a W a r y  Cor a t te n p t )  i n  a  

d w e l lM g  o r  an occu p ied  b u i ld in g .

- A person in possession or "reasonably be-
, --to Ve in a dwelling a burglary of
;.rtir&S?^^VooISSd Sliding n^;nse gadly

--isaioa Cor
attem pt) o f  such, b u r g la r y .

S u b d iv is io n  h  Ca)» . 1 ^ * 0 0 ) .

;:x;. P e rso n s " l io e n s e d  ^ L S e f t o f  ?la« o f? ? c e r s
: 3 | S ! ^ h r p S l S ^ L ^ r o / ? i e ? f d u t i e s .

:-CTnnTTEXABllE PORCSr lASCSm: on nRIHCT  ̂ H iscigg: A .....
p e rso n  may use  P ^ ! ^ “L ^ p ^ ” aQ r°or to  te rm inate  what he■ / believes it necessary to pre ^  n (a tte m o t) by

V reasonably believes to M is c h ie f  to
 ̂ such*other person o f  Larce x d e ad ly  p h y s ic a l

P E lm r ^  i  PEiiotr.

ilrn y^ T .A h  yoHCE B ^ T S T T n .^ ^ _ P H O H im

° ^ l h h f  aSest?^r;a?soi°U f  ̂eâ : :?fi=er.
S S t S r  a u th o r ise d  o r  u n -

'■~, authorized.

POLICE STU DEN T’S G U ID E  - LA W

, y.
N E W  Y O R K  C IT Y  P O L IC E  D E P A R T M E N T

___________________ 1 J J 3 2 . -

Ch. 7



.♦» r . •
f

.. ' .. • >•? *' 'i •

~'vT''̂-'..

*V\"*
* 4

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■ U r < -

?U-'Vv

; ̂ 4r|." ,•'•*. -•*.>
-€î - - I  •

^ v U '-
'*V. *‘

POLICE STU DEN T’S GU IDE - l a w

Under t i l l s  law , even tho iig li the  w arran t was not p ro p e r ly  
is s u e d ,  o r  the  o f f i c e r  had no a c t u a l  a u th o r it y  to  make the  
a r r e s t  hecause o f  m istake , la c k  o f  re a so n ab le  grounds o r  
f o r  any o th e r  reason , i t  i s  u n la w fu l to  use p h y s ic a l  fo rc e  
t o  r e s i s t .  Laws o f  i:h is  type  have
Sock” 1 la w s .  I t  sh o u ld  be noted  th a t  t h i s  law  does not 
in  any way reduce the r i g h t  o f  an a r re s te d  pe rson  to  seek  
c i v i l  damages o r  take  any o th e r  n o n -p h y s ic a l
an o f f ic e r .  f o r  f a l s e  a r r e s t  o r  to  re c o v e r  damages from  the o f f  
ic e r :  or: h i s  eii5) lo y in g  agency.

• JXJSTIFIABT'^ FORCE lU  ARREST OR PREVENTING ESCAPE; A peace  
. . o f f i c e r ,  e f f e c t in g  o r  a tte m p tin g  to  e f fe c t  an a r r e s t ,  o r

p re v e n t in g  o r  a tte m p tin g  to  p re ve n t escape from  
a pe rson  whom he re a so n a b ly  b e l ie v e s  to  have com m itted an 
o ffe n se !  may use p h y s ic a l  fo rc e  when and to  the exten t he 
-reason cb ly  b e l ie v e s  i t  n e c e ssa ry  to  e f fe c t  the a r r e s t ,  pre  
ve n t the escape o r  defend h im se lf  o r  a t h i r d  pe rson  f^oi^- 

V what he .reason ab ly  b e l ie v e s - t o  be the  use  o f  p h y s ic a l  fo r c e .

■.. -» The peace o f f i c e r  may u se  d e ad ly  p h y s ic a l  fo rc e
V:S:: .̂  re a so n a b ly  b e l ie v e s  the  o ffe n se  was a fe lo n y  o r  attem pted

iV fe lo n y  in v o lv in g  the  u se  o r  atten5)ted, th re a te n e d  o r  imminen 
use. o f  p h y s ic a l  fo rc e  a g a in s t  a p e rso n  o r  was a B ^ g l a r y  in  
the 1 s t  .degree. K id n a p p in g , A rso n , Escape  in  the 1 s t  degree,

. ■ ' (o r  a tte m p ts ) o r  was a fe lo n y  and the  p e rso n  in  the course  _
-'U o f  r e s i s t i n g  a r r e s t  o r  a tte m p tin g  to  escape from  cu sto a y , i s  

y ; armed v/ith  a f ir e a rm  o r  d e ad ly  weapon.

' B e g a rd le s s  o f  the p a r t i c u la r  o ffe n se  w hich i s  the .su b je c t-o f  
. th e  a r r e s t  o r  attem pted escape, the peace o f f i c e r  may -̂'̂ e 

d e a d ly -p h y s ic a l  fo r c e  n e ce ssa ry  to  defend h im se lf  o r  an o th e r  
from  what he re a so n a b ly  b e l ie v e s  to  be the  use o f  i mmin e n t  

e- u se ^ o f d e ad ly  p h y s ic a l  fo r c e .

.' F IEEAEM: A " f ir e a rm "  i s  any p i s t o l ,  re v o lv e r ,  saw ed-o ff^
. shotgun  o r  o th er f ire a rm  o f  a s iz e  w hich  may be concea led  upon 

th e  person',, except an  a n tiq u e  f ir e a rm .

DEADLT jVEAPOU: A  "d e a d ly  weapon" i s  any  loaded  weapon from
' . w h ich  a  sk o t”“r e a d i ly  capab le  o f  p ro d u c in g  death  o r  o th e r  

s e r io u s  p h y s ic a l  i n j u r y  may be d isc h a rge d , ov a sw itch b lad e  
'k n i f e ,  g r a v i t y  k n i fe ,  d agger, b i l l y ,  b la c k ja c k  o r  m eta l
k n u c k l e s . . ; . '

V The r u le ,p e rm it s  an o f f i c e r  to  use  d e ad ly  p h y s ic a l  fo rc e  even 
-where the  su b je c t  i s  n o t in v o lv e d  in  one o f  the  s p e c i f ie d  

f  c r im e s, :̂ br i s  n o t armed w ith  a  d e ad ly  weapon o r  f ir e a im  
(su ch  a^'when armed w ith  an un loaded  r i f l e  o r  shotgun  b u t,
th e  o f f i c e r  i s  unaware th a t  the  weapon i s  u n lo ad e d ).

*

-j*

"■■j i >>•

o

-  ; N E W  Y O R K  C IT Y  PO L IC E  D E P A R T M E N T Ch. 7 a

i m 3



POLICE STUDEN T’S GUIDE - l a w

K . 1 5 S

a  c row d )•
• 3.; ’.»

•:■ ....TSTOiG
who h a s  beea <l3.recT:ea y ___P a mav use ph

;rson
'fee t

r.- t •. ‘' ■■ -I ;■'* •*-'

■'•t '-;• '■* ‘4.

•t ■

. i-.<* •*

i-'

;who h a s  beea ^^^^^nt^^aS^e lc Ip^ from  cu sto d y  may use p h y s ic a l

? S ^ i c r o ? S c S ^ ' ? i r : c i ? : n :  - I - S
-  n e c e ssa ry  to  c a r r y  out P®^£? ° ^ t i r S t  i s  no^ o r  was no t  
• V h e  knows the ^ e s t  under such c i r -

. a u th o r iz e d . He may use  d e ad ly  v,oiTPVf»s i t  nec‘=’s s a r y  to 

.. cumg^tances ^ ° % ^ ® p e ° 3on ?rom  what he re a so n a b ly  b e -

, ^ S l / S ' n S f a u ? h o ? i l S " i r u s e  S I S 7  P ^ l i o a l  fo rc e  under 
■ the  •c ircu m stan ce s).

' p r iv a t e  PEESOIT iUfflESTHTG OR PRSTEtTTDTG j; g^ce^w hen

p e r s o n ^

.' and, who i s  in. im m ediate f l i g h t  there from .

.... OTAEDS: A gu a rd  o r  peace o f f i c e r  ch ^ ge d jtfx th

^  S o ) 1 “ 2 S S e " S " t r S 3 i r r f  o ^ lr o m  

? 6  l l r “ t e n S o ? ? a c U i t 7 ! ‘ o r  a D rug A b ^ e  O c t r o i

. ; - i ? c j ; . iS T e n t  the escape o f  a  p r is o n e r  from a f a c a lx t y  o r  f r o n  
^i.' K'j ‘̂v cus'tody w h ile ' i n  t r a n s i t s

©

•'.,,̂ 'V
N E W  Y O R K  C IT Y  P O L IC E  D E P A R T M E N T Ch. 7



'i"

■' • • • 
r ■' ■■> , .■• '■

• -‘iV---. • *

AT?T?TT7MArnrE DEFEITSES: The f o l lo w in g  are the a f f i r a a t i v e
. H p fe n sts  as p ro v id e d in  the New Tork  S ta te  P e n a l Law. 

Y o u  sh ou ld  re L m b e r  th a t  a f f i r m a t iv e  de fense  m ^ t  be 
proven  b j  the d e fe n d ^ t .  The sta n d a rd  o f  p ro o f  i s  a pre  
ponderance o f  the  ev idence .

' I t  i s  an affirmative de fe n se ^ th at^ a
ensaEed in  l e g a l l j  fo rb id d e n  conduct because he
c o fr fe d  to  do so b y  the use  o r  . ^ ^ ^ ^ ^ 30^
o f  u n la w fu l p h y s ic a l  fo rc e  upon him o r  a  t h ir d  pe rson  
w hich  a pe rson  o f  re a so n ab le  f irm n e ss  i n  h i s  s i t u a t io  
would have been tm ab le  to  r e s i s t .

POLICE STU DEN T’S GU IDE - l a w

V N

' r •

•- V .
■■ ■

‘i  w-v •

■ ' • *' ' • •

T h in  defense  cannot be r a is e d  b y  a d e fe n d ^ t  who iJ ^ ® ^ t io n  
S i r  o r  r e c ^ e s s l y  p la c e s  h im se lf  in  a s i t u a t io n  ^  w hich  

• 'it  i s  p rob ab le  t h a t  he  w i l l  be su b je c te d  to  d u re s s .

•ENTHAPMETIT: I t  i s  an a f f ir m a t iv e  defense  o f  entrapm ent
th a t  a pe rson  engaged  in  l e g a l l y
he was a c t iv e ly  induced  o r  to  do so J
se rv a n t  Cor someone a c t in g  i n  co o p e ra t io n  w ith  a p u b lic  

' se rv a n t )  se e k in g  to  o b ta in  evidence  a g a in s t  him  f o r  a 
• c r im in a l  p ro se c u t io n  and the  methods used  to  o b ta in  the  
;-^^?e?iSSce  Se re  su ch  a s to  c re a te  a s u b s t a n t ia l  r i s k  ^ a t  

" the- o f fe n se  w ould  be com mitted b y  a p e rso n  no t o th erw ise  
d isp o se d  to  commit it"»

■ .' Conduct w hich m ere ly  a f f o r d s  a p e rso n  an o p p o r ^ i t y  to  
. commit an  o ffe n se  does n o t c o n s t i t u te  entrapm ent.
•»-
 ̂  ̂ - G e n e ra lly ,  where the  c r im in a l in te n t  o r ig in a t e s  in  
' " m S f o f  the accu se d  and the c r im in a l

'-the f a c t  t h a t  a. law  enforcem ent o f f i c e r  fu rn ish e d  the  
accused  an o p p o r tu n ity  f o r  com m ission  o f  the  o ffe n se  does 

;;V > " ''X iir f. '> iio t  c o n s t itu te  entrapm ent. B u t, where the c r im in a l  ^ t e n  
‘vi o r ig in a t e s  i n  the  m ind o f  the o f f i c e r  and the  accused  i s
V t ' - " : ' V . ; V d u r e d  the. com m ission  o f  the o ffe n se ,  no c o n v ic t io n

<.'v’ ;V'-iv:lf:!~may be -had. . vj, .jt -v;-.-

''̂ î ’There i s  a  c le a r- d i s t i n c t io n  between in d u c in g  an in n ocen t  .v-inere  xt» o^4-+-;nD- a -h-ran to  c a tch  i

'1. '

• •••

y:

j,

'’Thf»re is a clear aisT;xxi.t;i.xuii. ----- —o —
""person to  do a n  u n la w fu l a c t  and s e t t in g  a t r a p  to  c a tch  a 

■" c r im in a l i n  the execu tio n  o f  an u n la w f^  p la n  
•Liconception.! T a c t ic s  and s t r a t e g y  r a y  be employed to  a p p re -  

" ’̂ h e n d ^ h o se  engaged i n  c r im in a l e n te rp r ise .  The law  does no t  
i ^ l f o r b id  th e  la y in g  o f  t r a p s  o r  the use  o f
‘ t h e ’c o n v ic t io n  o f  th o se  who in te n d  to  commit crim e. P r o -   ̂ ^
r '. v id in g  the o p p o r tu n ity  f o r  th o se  who m ten d ed  to  commit c r i m e ^
; i i s  n'ovbar f o r  subsequent p r o s e c u t i o n ^ d  w  T ^ f ic e r s
i-'am oleS Ev id en ce  o f  l i q u o r  and n a r c o t ic s  pu rchased  b ^ _ o f f ic e r s  

be used  to  c o n v ic t  the s e l l e r  who v io la t e s  the  ^ i ju o r  
’ ' a n d  n a r c o t i c s  la w s .  An accused  cannot r a is e  a s an a f f irm a  
■ '"tive defense  the f a c t s  th a t  money was marked o r  marked goods 

were ^exposed and th u s p e rm itte d  h i s  d e te c t io n .
r * ; . ' 
''j"'*

r .--La.' --'L*. \
N E W  Y O R K  C IT Y  PO L IC E  D E P A R T M E N T Ch. 7 10

i ^ n i



PO U CE STU DEN T’S G U IDE - L A W

, . . r  :

• '. «•■- V *«'*•> f: ;■• •- • 4f''.V '.'■<* -
■| t’- • *

; ;

I ,- •. ■.-■■i‘. ’ •:

— * <r .• • •*.■'

■ .t -

H e e d le ss  to  sa y , no a c t  o ? f i o “r  S j l a n t i n s  c r im in a l
H n it ie e  than  th a t  o£ a p o lw e  o £ f r = - r  ^ pe rson

. i n L S t r t i r r a r « h s n ‘he w om d n o t o th e rw ise  oommrt a

c r im e . . • +. • e»

l ie -  accu sed  h a s  the 'burden  J ^ J j t ^ | u S o n * s « S % r a ^ o i d  
defense  o f  entrapm ent, p^ou^d th a t  the accused  was

l u l l : V !  Chapte r £ o r  a d is c u s s r c n

o t 'E n tra p m e n t), ^

ptottnGIATIOIT.: R e n u n c ia t io n  i s _ ^  ^ f f r W ^ u r o r '^ r e n S i i c ^ g
f n ^ S V t a ^ g  preventxve steps 

u n d e r the f o l lo w in g  r u le s :

In - 'a n y  p r o s e c u t i^  f o r  |n o ffense^^

i t i i r i i  a f f ir m a t iv e  defense  th a t .
m a n ife s t in g  a v o lu n ta ry  and com plete

^ ' * S ^ S S c ! i ? i r ^ o f h r s  , ,  Che O ffen se

‘e r f o r t " ? r i “even? f h l  c S m i s s io n  o f  the o ffe n se .
a f f i r -

r •
:'4:wy •*

'i:?:

v fii■.. ' •'• ! •: . • ••;;
■ '■ ii *

i ' •
n e w  Y O R K  C IT Y  PO L IC E  DEPARTMENT

----- -------------- --------- -------------- -— 1 :4 0 R " -

Ch. 7



h-

,* * 5'*

'. "r-V'j **tV ^

/* ■

cr*.*
r i

. •• •*.

■*̂» A ~ ’•

V; • ■•

A re n u n c iia tio n  cannot be v o lu n t a iy  and con5) le te  w ith in  the  
m eaning o f  the  law  i f  i t  i s  m o tiv a te d  in  whole o r  i n  p a r t  
b y 'b e l i e f  t h a t  c ircu m stan ce s e x is t  w hich  in c re a se  p roba ­
b i l i t y  of- d e te c t io n  o r  app rehension  o r  render accom plislim ent 
o f  the  .c r im in a l purpose  more d i f f i c u l t ,  o r  by  a d e c is io n  to  
postpone  the  c r im in a l  conduct o r  to  t r a n s f e r  i t  to  an o th e r  

' V i ’c t im  dh  an o the r but* s im i la r  o b je c t iv e .

-  OTHTT? PT.FAS; Some o th e r  c o n d it io n s  th a t  a de fendant may 
p le a d  (b u t w hich are  n o t s p e c i f i c a l l y  l i s t e d  in  the  P e n a l

, Law a s  d e fe n se s) a re :
• •

nraOXEGATIOIT: Today, the  f a c t  o f  v o l ip t a r y  in t o x ic a t io n  i s
g e n e r a l ly  no t a de fense  and does n o t i n  i t s e l f  a f f e c t  the  
c a p a c ity  o f  a p e rso n  to  commit a crim e, n o r  h i s  le g a l  r e s -  

" p . o n s ib i l i t y  f o r  i t .  The f a c t  th a t  a lc o h o l may have in fla m e d  
,the a c c u se d 's  p a s s io n s ,  o r  reduced h i s  s e l f - c o n t r o l ,  o r  i n ­
c re a se d  h i s  b o ld n e s s ,  i s  no excuse. Thus, the f a c t  th a t  
th e 'd e s ig n  to  k i l l  i s  conce ived  in  a mind e x c ite d _ b y _d r in k  
i s  no defense  in  a p ro se c u t io n  f o r  h om ic ide . I t  i s  im - 
m ate n a l*  i n  a p ro se c u t io n  f o r  M a n s la u gh te r  by  drunken d r iv in g  
th a t  th e  accused  was so  in to x ic a te d  th a t  he co u ld  no t r e a l iz e  
th a t  he-w as d o in g  an a c t  o f  such  a n a tu re  th a t  he m ight k i l l  
a iio th e r.- • • ;

... I f  a  s p e c i f i c  m ental s t a te  i s  an elem ent o f  an o f f e n s e ,
• how ever,*and  the  a c c u se d 's  in t o x ic a t io n  n e ga te s  i t s  e x is te n c e ,  
. h i s  iTTtfnyiration may be a de fen se , i . e .  i t  i s  a defense  to
■ show th a t  the accu sed  was too  drunk to  e n te r ta in  the  in te n t  

1 tp  commit a fe lo n y ,  i n  e n te r in g  a d w e ll in g  o r  house a t  n ig h t
so a s  to  be g u i l t y 'O f  B u r g la r y .  Furtherm ore, i f  the  use o f  
in t o x ic a n t s  has i n  f a c t  made an accu sed  perm anently  in sa n e ,  
h i s  c a p a c it y  i s  determ ined by the usToal r u le s  a p p lic a b le  to  

■ in sane  p e rso n s ,  and i t  i s  im m ate r ia l th a t  h i s  c o n d it io n  was 
c re a te d  by  the  v o lu n ta ry  use o f  in t o x ic a n t s .

The w o r d '" A l ib i "  i s  a L a t in  term  m eaning "e lse w h e re ".  I t  i s  
used i n  the  C r im in a l Law to  denote the defense  by  w hich an 
accu sed  undertakes to  show th a t  he co u ld  no t have com mitted  
th e  o ffe n se  charged  because  he was n o t a t  the  scene o f  the  
cr im e  b u t  was "e lse w h e re " a t  th e  tim e i t  was com mitted.
Th us, he .a ttem pts to  prove  th a t  he was so f a r  d i s t a n t  a t  
the  c r i t i c a l  tim e th a t  h i s  p a r t i c ip a t io n  in  the  crim e was 
im p o s s ib le .  S in ce  th e  a c c u se d 's  p resence  a t  the  crim e scene 

-a t " th e  tim e o f  i t s  com m ission i s  g e n e r a l ly  an e s s e n t ia l  f a c t  
i n  proo;C o f  g u i l t  r e s t in g  on the  p ro se c u t io n ,  an a l i b i  i s  a 
f a c t  in 'r e b u t t a l  o f  the  p r o s e c u t io n 's  ev idence . I f  the  
a c c u se d 's  a l i b i  ev idence  r a i s e s  a re a so n ab le  doubt in  the  
m inds of-_the ju r y  a s  to  whether he was p re se n t  when the

■ crim e  wds. com m itted, i t  i s  s t L f f ic ie n t  f o r  an a c q u i t t a l .

POLICE STU DEN T’S G U IDE - l a w

k'-ir.

- ‘

* 1̂7.4- •  *4-
N E W  Y O R K  C IT Y  PO L ICE  D E P A R T M E N T Ch. 7 12

1 / i n 7



A t  any t in e  "before t r i a l ,  the  peop le  may serve  upon the  
.de fendant o r  h i s  coxonsel (and f i l e  w ith  the c o u r t )  a 

^ d e m a n d  th a t  i f  the defendant in te n d s  _ to  _ o f f e r  a t r i a l
^ d e f e n s e  th a t  a t  the  t in e  o f  the  com m ission  o f  the crime  

y V. ■ y charged  he was a t  some p la c e  o r  p la c e s  o th e r than  the scene
crim e and to  c a l l  w itn e sse s  i n  su pport o f  such defense, 

w ith in  fo u r  days a f t e r  s e r v ic e  o f  the .demand, s e ^ e  
• V ; ^ peop le  (and  f i l e  w ith  the c o u r t )  a n o t ic e  o f  a l i b i

■ • •p«=^QTfing (a )  the p la c e  o r  p la c e s  where the defendant c la im s  to

POLICE STU DEN T’S U U IDE - l a w

vr

•S..X-r

the  t r i a l ,  th e  defendant c a l l s  an a l i b i  w itn e ss  w ithout  
• . i - j , h f l ' T 7'i-ng se rved  the  demanded n o t ic e  o f  a l i b i ,  o r  i f  h a v in g  se rved  

;-^?notifce he c a l l s  a w itn e s s  n o t s p e c i f ie d  in  the n o t ic e  the c o i^ t  
‘ imay exclude  any te st im o n y  o f  th a t  w itn e ss  r e la t in g  to  the a l i b i  

•y"defense. The coTirt a lw ays has d is c r e t io n  to  re ce ive  such t e s t i -  
mony.and b e fo re  d o in g  so , i t  must (on a p p l ic a t io n  o f  the p e o p le )  
g r a n t 'a n  adjournm ent not over th re e  days.

. ' FORtiro JEOFAHDY; I t  i a  a c o n s t i t u t io n a l  mandate th a t  a case
-* once riatrftci upon i t s  m e r its  cannot be t r ie d  a g a in .  There—

fore^  i f  a pe rson  i s  b rou gh t to  t r i a l  and i s  a c q u it te d  or  
^ 'c o n v ic t e d  bu t i s  then t r ie d  a g a in  f o r  the same o ffe n se ,  he may 

in te rp o se  a p le a  o f  form er jeopardy  a t  the in c e p t io n  o f  ohe 
second p ro se c u t io n .  T h is  p le a  i s  based  upon the p r in c ip le  
t h a t  a man s h a l l  no t be p u t in  danger o f  h i s  l i f e  o r  lim b  f o r  
one- and the same o ffe n se  more than  once. The ge n e ra l ru le  

V- to d a y  i s  th a t  je o p ard y  a tta c h e s  when the ju ry  has been im pan e lle d  
• ;,.and sworn to  t r y  the  ca se s .

STA!TUTE OF T.TTIETATIONS; A t  the  common law , a p e rso n  co u ld  be 
^.reprosecuted f o r  a c r im ?  no m atte r  how lo n g  i t  was in  tim e a f t e r

,   1 ' t he crim e  was com m itted. - Today, however, a s  a m atte r o f  ^®S“
grace , s t a tu te s  of. l im i t a t io n s  o f  v a r y in g  form s and 

f-.f-C • ,1 -r-',.' -.fterm s have been enacted  w hich l im i t  the tim e w ith in  wnich
r-V  p ro se c u t io n  may b e g in .  The p r o v is io n s  o f  s t a tu te s

. :'V; ; • l i mi t a t i o n s  a re  made a p p lic a b le  to  a l l  m isdem eanors and 
^ f e lo n ie s ,  otheir than  C la s s  ’'A " f e lo n ie s .

O ’"' :: a» A  prosecution f o r  a C la s s  "A " fe lo n y  may
•->. "̂11;; '■ ;v be Commenced a t  any time.

. A  p ro se c u t io n  f o r  any g iv e n  fe lo n y  must be
,";v^;)i^!v;'commenced w ith in  5 yeai^s a f t e r  the  com m ission  
. . t her eof .

c . ’'A  p ro se c u t io n  f o r  a misdemeanor must be_
? 'rC commenced w ith in  2  y e a rs  a f t e r  the com m ission  

■ i'thereof.
d*, A. p ro se c u t io n  f o r  a p e t t y  o ffe n se  must be 

commenced w ith in  '\ y e a r  a f t e r  the commi s s i o n  
, th e re o f .

above tim e l im i t a t io n  may be extended in  those  circum — 
in v o lv in g  la r c e n y  b y  f id u c ia r ie s  (th o se  who h o ld  a 

o f  t r u s t ,  i . e .  execu tor, t ru s te e ,  e t c . )  and f o r  
r e la t in g  to  m isconduct i n  p u b lic  o f f ic e .

K n e w  Y O R K  c m r  p o l i c e  d e p a r t m e n t Ch. 7 13



G enera l'lT  a  s t a tu te  o f  l im i t a t io n s  t e g in s  to  ^  from  the  
■ f i S f o f  th e  o S m S s s io n  o f  the  crim e , o r  when the  j s

com plete, no t from  the  date the crim e i s  d i s c o v e r ^ .  In  
c o S i n ^ n g  o f fe n se s ,  i . e ;  c o n sp ira c y  o r  n o n -su p p o r t , the

g in e r a l l y  b e g in s  to  run from  the  s
r e c in t  o v e rt  a c t .  A s t a tu te  may p ro v id e  f o r  ^ J ^ ^ it io n s  

- t h a t  w i l l  su spend o r  t o l l  i t s  o p e ra t io n ,  i . e .  th e  o ffe n d e r  so  
- . co n c e a ls  h im se lf  th a t  p ro c e ss  cannot be se rved  upon him . ^ e
' a- j o p e ra t io n  d u r in g  su ch  concealm ent. Among

c « d i ? i L “  K  t h f  a t a ^ e . a r e  d e f e ^ n t ’ a
the  S t a te  o r  the  de fendant s in d ic to e n t .  I f  the  

r e l i e s  upon an  e x ce p tio n  to  remove the o f  the
o r i S i t ^  th e y  h e a r  th e  harden  o f  p r o o f  to  show

' i t s  a p p l ic a t io n  i n  th e  p a r t i c u la r  c a se .
; _  .. ^ , , a - . . * —  ....

POLICE STU DEN T’S G U IDE - l a w

■sA-. ■ . ■ < : •  "

n

o

f

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®  n e w  Y O R K  C IT Y  PO L IC E  D E P A R T M E N T Ch. 7

4 4 0 8 -



Part 12: Raw data concerning
arrests made by the Memphis 
Police Department, 1963-1974



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CLASS! FICAtiOfi'OF OFf= tNSCS" SCx'

AGE, SEX AM) RACE CF PERSONS ARHeSTEO L'NDER 18 YEARS OF AGE IIL'PAI . 1
10■ 'A,\|0' UNDER ■

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.. d r i v i n g  U N O E R  T H F  “ ■ ^1 M A L E ■ " 1 9 - 1 0 '2 1 3 0 3 3 " ' 3 8 ■  2 Q " ~ ' l 3 3 ' " ' 1 3 4 " " 1 3 5 *  1 1 2 ■ '  1 1 2 “  0 0 6 3 "  3 0 2 7 l 0 2 f - !

_ I n f l u e n c e F E M A L E ___ 2 _____ 1 _ _ 5 3 3 1 . 1  1 1 3 13 n 6 3 3 7 7 i
1

L 1 ' j u C H  L a o s  '  ■ 2 2 M A l F "  1 1 1 4 0 “  6 9 7 4 2 " •* 2 3 4f; •

--------------  ............... .  --------  . M ; M A L C ^  - --------- - ....... - ... —  . 2 . 3 3 2 1 3 . .  .1 2 17 1

1
O R O N K r M N E S S ......... 23 h a l e I ' o a ■ 1 9 9 “ 2 2 0  ' 2 1 2 2 1 6 2 1 9 1 6 0  ■ 1 3 0 6 1 3 2 7 1 5 6 0 1 7 0 0 1 0 4 2 1 5 6 9 1 0 0 9 6 1 1 4 7 2 1 2 8 6 7 P

• *__________ ____________ F E M A L E lA 2 6 21 12 2 8 15 2 1  1 2 9 9 8 1 3 6 1 2 0 1 2 9 6 2 5 9  ■ ■ 2 7 2 5  " 9 2  0

f '  n i S O R O E R L Y  C O N D U C T z u h a l e  ' 1311 1 1 9 ■ 1 1 1 1 0 6 t l 2 1 1 0 9 5  2 9 1 1 7 2 1 0 0 ■ 1 0 0 '  5 6 "  5 2 ■ 2 2  ■ 14 16 l c l 2
i

F E M A L E 3 2 3 2 10 7 6 10 2 0 1 7  7 0 35 4 0 21 19 6 7 7 2 3 6 5
......

- * 1

n
C\]

v a g r a n c y  ...............

• ' L L  L T H C h  O F F E N S I  
I C X C C P r  I R A F F I C I

‘ . S U S P I C I O N

25 ■ H A L E "  ' 
f e m a l e

LAW  V l l l L A r l O N S

26 H.Ut ' * 133 13 5‘"136,"121 '160 141’ 110 306"“ 193 '“160 '129 96 '■ 72 •.62 ■’'2 7 ■■"65— 2C7C ‘female _33_49_ 39_ 38 61 27_ 98 _ 6l_ 66 58_ 50 _ 2̂ . 23_Lm ...__3b _ 711 ■;
27 MALE 257 206 186 160 136 139 120 296 122 64 43 •v,i - ■25 n ' 12 13 1039
28

female
MALE

_ 60_7 3_66___53_ 3̂1 ̂..M” 21_~'.'65.
■'2*

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■**" 1

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t.!. A s s r  11,.'» i ih 'JirC'iirs '..Hin- necho Udian chimese japanêŝc-

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R a c e  C f  p e k s c k s  A n t s T t o

l e  V E A F S  CF  A C f  A N O  CVl=«
p.f. m:. ri6i6UE3A t P.., O F 3 :

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_ n a p C i !t i c  d r i t . l a w s ’ r o T A L  l u  — - - j - - - - —  ........ ........  ................ —

( l o t D M  t 'R C d O M N F  A M )  A 2 ' .  _  1 6 .....................  .................................
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, CAfOlInG total 19
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NUPRERS AMD L(:TTfRY P
’_''>Ll lther GAF-nLiNc".. C

305 .... 500.'“

.85 . 
60

. .3.6..
15CS

60 isos’

cr;CM

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’ AM D  r . H l L O R E N ’

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. I h P L U T N r C

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( L X C I P T  T R A r r i C I

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s u s p i r . i c N 2  7 5 3 7 ’ Z T

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? u

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37





' \

ICI, SIX X>0 met OF FEISOIS inxiSTIO 
■ ■ « tr I I  y t a f t  t f

1
CLASStPtCATlOH OF O F F IN S IS sex

A08
MdUada* ' '1 1 ^11.1: 1 13.14 1 IS 1 14 1 17

ratalUadM
>8 WV|.

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22 ---—̂ -L_____f

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?7

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1

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C«a*a« aad LaiFarlao Law Vlaia*lana 7$ Fa«a”a i i i H .2J - . L 22 . J . U - .9  ̂ 0 1 t •  ^ .■ ix . 13S.

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(MSIHVCrtOMS OH PA6 I  4)

1428



4

1 4 2 H



Ail OtK«r Offenses ( Except Traffic)
Su spi >*>0 M ile

f i-MUlC

M
2 l j  2 0 ]‘=T\ )?i fei

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1437





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d n r it i i l r  ’ cljas^.rl i;:

CLAS:lFICATIÔ f
OF crr:!ts:s SEX 21

MurH*,-r a.i ! ̂ '̂>nneqI igcnt . .LMantloughter 0 lal >'cr.a li |
M a n s la u g h t e r  by 
Negligen-e

1 , 'l’
Olh

- - a -

' ! ! ! ■ \  i
23 ! 2 < ; 25-2S i 30-31 | 35--9 j 43.4< |

Fo rc ib le  Rape 02

Roubcry

Aggrrvvotcd A ssau lt 
( Return P*4o-F'

tdurgi ary •• Break ing 
or En te.ing

04

05

L  a r c e n y T h  eft 
(E x ce p t Autn T'ncit) 06

Auto Theft

O ther As soults 
(R e^ lm  R-4e) 08

Forgery & Counterfeiting  10

Fraud

Male
T~T:...ie
Male’

Fcmvili*
M ale 
f cmale
Mali-
F emal'.*
Male
Fem ale

2 I
1 _

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- 11.

T '  !
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1
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Male 
Fem ale |

H .
- V — 31—

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Male
Female
Male
Female
Male
Fem ale
M ale 
Fema le

7Sl...hkl..ki
-U.2J_____ 3 5 .______ 32-.JSL-2ti)— -2q.

. J i 2 l

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I iT___ L— i:

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211 161 2h
i ’l - - 1 1

- j P l — 23-i
- .- 5 1 ..  m

- _ 3 5 .

201

. -- : 2 i _  ,27
2J L . . : i r i

12S1-J-52L— sa. 
__ 13-

t i i

1171 129
- 1 2

Male
l\ m a le

Em bezzlem ent 12

Stolen Property; Buying , 
Rece i/m g , Po s s e s s in g 13

Weopons; C(»rrying, 
Po ssess in g , etc. I S

Pro stitu tion  and 
Com m erico lized V ic e  16

Sux O ffenses (E x ce p t F o rc ib le  
Rope and Pro stitu tion ) 17

N arco tic  Drug 
L o w s To to l 18

Male
Fem ale
Malf
Female
Male
Female
Male
Female
Male
Female
Male
Female
Male
Female

.11..
•ii

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IQI'_li36i 306J 
15 701 ~ 651'

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17 121

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216
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1

Opium or Coeo ine and 
Tn etr O erivo tives  (Mof> 
phine, Heroiri, Codeine)

Male
Female

MaHjuono
Male
Female

J . —i.1. . — U.

Syn thetic  N a rco tics  - Menu* 
factured N a rco tics  Which  
Can Couse T n je  Drug A d d ic ­
tion ( Dcmeret, Methodones) •

lale

Female
O th e r*  Dangerous Non- 
N arco tic s  Orugr 
( Borb itu fo tes, Ben zed rin e ) "

Male
Female

__5X— 11 .— U 3-5. 2

Gam bling To to l 19
Male
Female

_ _ J i 27
1

.21
1

..__22j .Ji2. l - M \  
2

-2J1 
__It

Bookm rking (H o rse  and 
Spurt Book)

Male
Female

Numbers end Lo tte ry
Male
Female

2-01
1 _ 6

. 3 . 6 i - 3 J 3 - _ £ ;• 71 2,__;

TiiJ;

A ll O ther Gambling

O ffen ses  Ago inst F am ily  
and Ch ild ren  20

Male
Female
Male
Female

X i K k : .

D riving Under The  
In fluence 21

L iq u o r L a w s 22

Male
Female

^ l e
Female

X
:_'_v43_ia..

.XL---":'—ii.
1 32

Drunke 23
Male
Female

_ J i l -111  — 22 ,._155._16S. _ m

D isorderly Conduct

Vogroncy

Male 
Fcim Ic

._223
29

Male
Female

. „ i8Ail Other Offonsrs ( Except Troffi e)
S u s p ic io n

Ma Ic 
Female

12
2

- 225 - 2131_13k._13k
3ii

151 22

- i l — 2II

-2£.
_ _ 3 — - 3

JUi
1C

_ip i I- - 2Q X j 6T_ _ 25, - _65
_ 1 L J L l

Male
Female

_ ia

10

US.
1U2.
■■,,2 5,

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LQJ-----

-. 2D2L J .30! 117- L _ 102,. _ -T5.j _ -6lJ-- -5lL -12U

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J U

3
57 63! 8 1

6 ! S't 1 C
-^ -1 1 2 ,__ 3] __ 3l

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- 5 2

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.£ 2.

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a?.

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V ’ '*'-‘^^4  ̂ '* ]*^  .• Molo •!•• 
Foisnli’

• ■ V • - - r : - . 'L - l ' -
" 7 - ~ 2 '

L r - 2 _ . 3 .
2 , - i 2

•; Opfufli or t-co ln f and T>iol> Ocrtv«jlv«» 
'v (KlorDhIno, Hnioln, .Codslno)^ '

ulolo I- 
Folualtf • * ,j.

■J.
— " ■ f '  r '

Morlluoru - '  ;  ' . b
Mole
Fumolc

---- - - U - - “ 2 '
_ _ J L . - 1 .1 -

2 • T
Synthelic Hoicolk s • Monufacturr-d Nnrcotlco - 
Which Con Cc >to Truo Orug.Addiction 
(Oomcralf Moihodonos) c

klnle
Fetrilo - - - - -

c
•

~ l ’L
-c.

.-V <
■  ̂ • *

•; •' • * \

Other* Dongc<ous Mon^Marcetic Drug* •̂ - * 
(Borblturotetf Benzedrine)',-. ' 't d

Mnlu
Fomalo . r - - -

»
”, . 1 - _ y _ - r-. -1

V  Lr
■ i«V

i •*. . '9

Gombling Totol ‘ 19
Mnlu
Femolu --- T- -f-2- :-_9- -_ia- :.̂ 19-. --51- ■‘51’ V--'; ‘ ’• ' •. ..

Bookmoking (Horse and Spart Book) - o
MqIo
Foroole ----- ----- — — t- *". "i

Vv/*~

Numbers ond Lottery J h
Mote
Fcmolc - A r -

t :
' ■

■- ‘
. • ‘7V. .'•5 ■v;K- 'Vv'.

All Other Camming  ̂* c
Mulo
Female --r — “ .-v-

.*• -

' ■ 't
Offenses Agolnst Family and Children - >C 20

Male ?■; 
Female

■ • ■ ' ■' ’r ' . ■ i ! ■ ■■A."' ■

’ -‘T
Driving Under The Influence ' 21

Mule
Fe:onle ---r- ---^ ---2 - -•ro^ '■-'I- r • ' t-

Liquor Lows f •-• ' \ 22
Mule
Female ----- _ 1 _

5
10 
■ 1

:18 ii6
8 l<9̂ y"

D r u n k e n n e s s  2 3

Male 1 2 .1 1 22 ■Jh .  10
ii9 JO-Frmuin 2 2 2 3 9

D is o r d c . ' ly  C o n d u c t  2 4

Mi.lc 
Fern.lie 3

__59_
lli

_173_
66

_15L.
71

_aiL_
56

Jli(_
Ii8

..950-
2S'R _35k. -flUu- 

___L

• ’ 7

V a g r a n c y  2 5

Mule ■
Female 1 1

A l t  O th e r  O f f e n s e s  ( E x c e p t  T r r f f l c ) '  2 6

Malt
Female 2

_ 2J_ 
16

o6
71

l _6Z._
62 66

__80_
37

.J61_
2 '̂ li_ 270 3li5

S u s p ic io n  , {
Male
Female

__26_
2

,_63_
9 8

_115_. 
- 35

-Ijt5_
16

.Joa_
50 71 ;il7

•

C u r fe w  o n d  L o i t e r i n g  L o w  V lo la l i - t n s  28

Mule
Female

2 i 12 .  lli.. 17
1

22 
• 7

. 10_
_____ 8._ 13 65

R u n - A w o y s  * ^ 2 9

Male
F e m n I '}

TOTAL 293 581 13̂ .2 1092 1223 1305 5856 1522 U332 1
1 2

» ‘ '

. iT; ■ ■ 
1 ' '. f . '•

‘V'/'

1 9 6 ?

.) ’
' i

{ .''

( INSTFUCT IONS  ON PAGE 4)







io y e a n  : (  a je



ilr.ciiide those released hr.
a g e

/?L'̂ GLASSiF ICAT iO N  
C F  O FFEN SE3  ̂ i I I I i i ' II S E X |  13  i 19  ! 2 0  21  ! 2 2  I 2 2  l 2 4  I 2 5 - 2 9 ;  3 0 - 3 4  ■ 2 3 - 2 9

C loi/erpalej /  i________i , /  | ) | t ?  /Murdet and Nonre-Iigen? Monslaughter Muf-'cr '*ansl.3
-J -L J. T /  i /

Forc ib le  Rape 02 |rcm a le l |
. . 6 . . . 3 . 3 . . . 1 . . 3 1 ________

' ! 1
. A . . . L a.A . .

“ orc.'b'

Robbery 03
Male
Fem ale

. .1 7 . . . J i - - - d l? -
r ..3 r. . i n . L 3 . . , . A

?  1 ! Jobber

Aggrovoted A ssou lt ( Re^ufi B-4a-d) 04 [Fem ale j j _____ L

. 4

_____L _ i _________

,  7 . . . . .
!  \ 4  ' 4 2  <

4ggrov 
. Returr

. A 'n le  
Burg lary —Breaktng or Entering US Fem ale r  / 1

. 3 1 . 1 3 3 . . L 4 . l 4 2 . A j y . \ . U i _  

' ; 1  2 \ /
J u n io r

S rte
1 TV f. *• ' '[M a le *Lo rcen y—Theft — 
(E x ce p t Auto Theft) 06 jFem nie

. _ 7 4 .
3 f

. . k L . . 37.
. 2 9

. J 3 . 1 . J 3 .  

\ 3 3  A  3 3

U 3 . .

St
. 3 4  £ 7 4 .  

1 2 ^ . 3 3

. J A . X A . L .  

4 !  1 3 3
.creen-
Exc-'pt

Auto The ft 07 irem a le
_ _ l _ L 7 i 2 . L _ 2 _

! 1
____ ___ (a  -

1 /
. . U . \ . . A  .
1 / 1 / ■*.uto T

^ la ie
Other Assault's  (Return  B*4a) 08 jFem ale

lJIL.
^ 0

. 3 4 . . u .

__ i k .

7 2 . j o z

n i .

.9 4 .
. J A .

J ^ Q

. 'J
A A .

•A
Other 4 
. Retuf.

Arson 09
Male

ArsonFem ale
iM a le ^  i __

Forgery and Counterfeiting 10 {'Female'l' ^ . . k .
2 3

. . L
4

U - 4 -
/

. . . 3 . to
3" __ -D T k

.La .
1 Forger,

^ la ia  1
Fraud 11 iForaale]”

*:•_  w__ 4
r  /  ■

. j t . . \
/  ■

. A .
/

A o \ . l 9  1 / 7 _
Froud

Em bezzlem ent 12
Male Pa

Em b er:

Sreien • 
R eco iv

Fem ale _________i_________
Stolen Property; Buying,
Rece iv in g , Po ssess in g  13

Male
F*-male

3
/

s
1

•p .1 3 .\ .J .  j . A .
r  -| /

Vondolism  * " ^ 1 4
Male
Fem ale

. .4 3 .  
1 s

.4 J z  
____ &.

.3 0 .
i

. j A
3

13
’—£ 1

\.L 1 .
3

.L I .
3

J O A 4 . .  
3 \  ' / Vandal

Weapons; Carrying, Po ssess in g , etc. 15
Male
Fem ale

.J tL . . z s .
4f-

.JQ . . 33.
/

^J9..
1

.A3..
1

A t .
4

.SL.
!$

A S j A L .  
t n  14

Weapon
P o s ie s

1 Prostitu tion  and Com m ercialized V ic e  16
M ala
Fem ale

. . 7 . . . . 7 .
&  ̂ 3 7

. -.0 __
4

<9
3

!4
£"

J.0JJ.4:. 
f 1  4

^ rostit
Comme

Sex O ffenses (Excep t Fo rc ib le
Rope ond P rostitu tion ) 17

Male
Fem ale

J
3 ” r - J - . 6 . . . J . . .t3.J^.U.. jttX Ot 

Rope Cr

N arco tic  Drug L a w s  Totol 1C
Mala
F '’ mnle

. J . . . . L . L ^ _ . .Jĥ __
/

. A . i . .
A

. 1 . .
t

.A .-. Ncrcoti
Ln w s

Opium or Coca ine  ond Their O ertvotives  
(Morphine, Hero in , Codeine) a

Male OpluR-
Th e ir
phine,Fem ale

M arijuono b
Male
Fem ale

. . J . . . J . . L  L. .  L . -> 5  -  
/

. 3 . .
{

. 4 . . 3 . .
M cri |w

Synthetic  N oreotics - Manufoctured N arco tics  
Which Can Cause  True Drug Addiction  
(Dem ero l, Methadones) e

Male
Synth, 
foe*-;.- 
Can C 
tionFem ale

’ Other - Don^erous Non^Norcotic Drugs
(Bo rb itu rates, Benzedrine ) d

Male ' i Otr.or
Norce
(BarbFem ale 1  ■"

s
, Gam bling To te i 19

Male
Fem ale /a

..LkA .IQL
■i

.141
&

.133
r  £ 4

.332^a A '.
9

W q. t/Jo Oj.£
A Comblii

Bookm aking (H orse  and Sport Book) a
Mala Bnokr

SportFem ale

-Numbet^ond Lo ttery  b
Male 1

Numb.Fem ale - - _ " i - T v r

AM Other Gor.ibling e
Male 1

A il 0^Fem ale 1

O ffenses Agoinst Fam ily  and Children 20
Male
Fem ale

. . . L — - r j — . 3 . .
3

. A . .13 .. . l U . S .
\

u tfe n s ' 
and Cr.

D riving Under The Influence 21
Male
Fem ale

____ . . ± . . J l ..J L ..J S . .1 4 . ..L3l. JgAr
3.-

.SQ_
P.

J JA
A

D r i. ing 
In flucr.

<Male
L iq u o r L a w s  22 'l''omaiu

' ' 6 -  / i -i..
/  r  /

1 '' >

Drunkenness 23
.Mule
Fem ale

.1QZ^
&

. i m .  Js^'i. J 14. 
!3̂ . n

A o j.J J S . 
/4 \  3 3

1334^
!S9

172'̂
Drunke

D isorderly  Conduct 24
Male
Fem ale

.JSk
A?

.1 4 4 . l A .
/ ? !

.J1(b.
34-

. 3 A
n

394\
9?

£27X303. 
99 1 D> sora.

Vagrancy 25
Male
Female

. _ A .
2 1

Z—  7 - . . S . p— _<=•_ . A l1 . A 1 . . 3 .
‘/ogron

Ail Other O ffenses (Ex ce p t T ra ff ic )  26
Male
Fvmalo

.IdL. J hjT
.JO . . A i  

____^
..SS^ -4 4 .

9
ZZ4x
2 4

J 7 1 .J 3 A
P42-I 7 /

A ll Oi- 
Ex cc

susp icion  i/
Male
Female

.12^
3 3  !2 \ jd  \ Id T A

.JJIAOJXJO! 7J  
(0 \ -i-i \  ̂ ' \ / '  i

1 1 1 1 1 1 1 
T O T A L  ;

1 1 

- ? 3 7 . W :
i 1

M I E .
(!M5Ti2UC i lOMS ■



,\Ct OP FI-ERSONS ARHESTEO an of zge and over
•jiithont h a f i n s  b e e r ,  f o r m a l l y  c h a r g e d )

is F
C L A S S I F I C A T I O N  ,E1 

O F  O F F E N S E S  Xi

A G E R A C E  ;

3 5 - 3 9

i 1 ; 1 ' » 5
! 1 1 1 a n d  

4 0 - 4 4  ! 4 5 - 4 9  i 5 0 - 5 4  | 5 5 - 5 9  ; 6 0 - 6 4  o v e r T O T A L

1 j 

W h it e  1 N e g r o  1

i S S . ,  ' '----------------- '
^  C h i -  1 J o p c -  j A l l  j 

f-V - ix a e i n e s e  n e s e  ' O th e r  •

_ - 4 -
/

M u r d e r  o n d  N o r » n e g lig e n t  
M a n s lo u g h t e r  O lo lF I  ^ /  i 1

J r i i .

9 I n  i A 9 i i 1 1

1 'M lM o n i lo u g h t e r  b y  i lJ  
■ N e g lig e n c e  O I d 'F I

i p ^

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■  1 / 1

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F o r c ib le  R a p e  0 2  |F
. _ J _

I p \  z / \ !
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1

A . .
R o b b e r y  0 3

M . . A
1 J Q O . A

7 7 ______ ___F t

<
A g g r a v a t e d 'A s s a u l t  |5l? 
(R e t u r n  B -4 o * d )  0 4  |F

- A . . - / - J

A ' ■ / £ 3 A

\

i s \ l i z

A l .
1

S u ^ I o r y — B r e a k in g
e r  E n t e r in g  0 5  |F

- A 2  . 3 A . 1 .

4 i s g

1 1
1

_ 4 / _ _ L a r c e n y — T h e f t
[ E x c e p t  A u t o  T h e f t )  0 6

M
F

^ 9

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2 0  ■

. 1 4 .  
n  ■

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■ ^

. . U . A

7

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3 7 7

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9 L , L Z £ . ,

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O t h e r  A s s o u it s
(R e t u r n  B * 4 e )  0 8

M
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M . . 1 . 1 j
F 1 1

/ F o r g e r y  a n d  C o u n t e r f e i t i n g  10

M 9 /  J J P L
F i : / , ? /

_ L t _
F r o u d  11

M
F

. j A ] . . J i . . A .
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____O - — L O A .

g l 9 0 ^ 3
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E m b e z z le m e n t  1 2

M .  L
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i a .

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S to le n  P r o p e r t y ;  B u y in g ,  
R e c e iv in g ,  P o s s e s s in g  1 3

M 2
- J - . . L . A A

1 7 S 3 /2 7

r r V o n d e l is m  14

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A 3 . J 2 2 . Z o S ,

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" 'e o p o n s ;  C o r r ^ in g ,  
P o s s e s s in g ,  e t c .  IS

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P r o s t l t u t ip n  o n d  
C a m m c r e ia l i z e d  V i c e  1 6

M
F

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i . 2 . ^

■ /

— . l O A .
\ a 7 S O 7

L ^ / _ _ S e x  O f f e n s e s  ( E x c e p t  F o r c ib le  
R e p o  a n d  P r o s t i t u t i o n )  1 7

M

F
. A . L . .

3 A 1

A  _  [ ”  
A

N a r c o t ic  D ru g
L a w s  T o t a l  18

M 2 1 . . J . . A S .

J l .If r 9
O p iu m  o r  C o c a in e  a n d  
T h e i r  D e r iv a t i v e s  (M o r *  
p h in e .  H e r o in ,  C o d e in e )  a

M

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i— M o r i ju o n a  b

M

_ 2 _F ■ ~ r

1 S y n t h e t ic  IN a r c o t ie s  -  M o n o -  
fa c to r e d  N o r c o t ie s  W h ic h  
C o n  C a u s e  T r u e  D ru g  A d d ic *  
t io n  ( D e m e r o l .  M e t h a d o n e s )  c

M 1

F

------------- O th e r  • D a n g e r o u s  N o n *  jM 
N a r c o t ic s  D r u g s  | p  
( B o r b i t u r o t f t s ,  B e n z e d r in e )  d j

? r G a m b lin g  T o t o l  1 9  |h ’
. 7 U 5 ,

2 7

A d  A .  
2 o / ? 7

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1 (

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B o o k m a k in g  ( H o r s e  o n d  
S p o rt B o o k )  o

M
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N v m b -s rs  o n d  L o t t e r y  b

M

F

i _________
AM O t h e r  C o m b l in g  c r

O f f e n s e s  A g o in s t  F o m i ly  il 
a n d  C h i ld r e n  2 0

2 . . . 1 . . . . 1 . . 4 4 > .

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^ M A .
3

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____ L_____ A -

" 3 7 p  ;

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I 2 7 L iq u o r  L o w s  2 2

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1 7

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2 2 0 1

7 / 7 r

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J 2 A A l l  O t h e r  O f f e n s e s  
( E x c e p t  T r a f f i c )  2 6 7 4

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. 7 0 . X . J Z I A X  
I  1 3 \ _____ 2

W S .
1 7 1 , 7 2 9 J c o i 1 I

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s u , p . c „ n  2 7  r r f  i  / L  j  - i t  1  r  V
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2 1 A 4 7 3 \ 9 £ o \ — ^

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C U A S  : j ? [  C A T !  ON - 0 r C F r = N $ E S  i S S X  : 'Jndor I M :  • 13.14

j-Tctal•“ U-CT•16 : 17 1 T8 I -N'-
! !IaU

M-Jfrffef ond N o n n e j l l j e n ?  M o n i l a u g n te r 01 c j F e m a l e  |

' M a n s l a u g h te r  by N e g l i^ e n ^e
I Male I 

T Ib rFem alJ]

Fo rr ib te  Rape
; Male02 rF.'taAla

Robbery
I03 TFemale .IJil. S' 7 ? -41

^0
T v  r  : i .  - ( S - T v '  ■■ M a le  ' 
A g g r a v a t e d  A s s a u l t  ( R e t u r n  & > 4 o .d )  0 4  P F e x a i e

— : 4 — ^
' - J ________ L _  ' _̂____

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/  i !  .
‘.V :  ;  . _ [_ M a le  
S u r g ln r y — B r e o l t in g  o r  E n t e r in g  0 5  ' F e m a le S '  /  r  ^  i ■ /

— 7 2 ^ — n
2

. A S 4

1 2
r /  y  ■

L a r e c n y T h e f t .  ( E x c e p t  A u t o  T h e f t ) . -  - 0 6

M a le

F e m a le
_  S i  1  -  j / f l  L - L S 4 - ,  

Z \  < ? < J \ . / n S
- 1 3 2 . - 1 2 4 ,  

7 /  i ■ 7 ?  1
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r  2 ! 2 2 ■ 2 9 . i  \ < ^ 4 j

A u t o  T I ; r f t  w l'. • •..1:. 0 7  *
M a la

F e m a le 1 ■■■ ■■ 1  •
, - Z Z S .

! 0 . O  / ? ' -

—

' '  • •• » • ’ t i ia le
O t h e r  A s s a u l t s  ( R e t u r n  B  *  4 e )  OC j , F e m a l e

— S l — I Q i _ A O -
\ - - - 4 \  i r

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r ^ A .  

■ - 4 3 - 3 4 . 2 3 ' ^ ' ■
' ~ ~ ■ , '  "! M a le  ■ 

A r s o n  ‘  , .0 9  j F e m a le
— ' - L \ . S . L . - . L - \

/

- — - _____ ^
r !  / '

F o r g e r y  o n d  C o u n t e r f e i t i n g  1 0  ^

M a le  - 

F e m a le v . y -
— L

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l a
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F r o u d  ■ ■' i  11

. M a la  i  

F e m a le
- — - : — i .

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E m b e i x l e m e n t  '  ■ ' ■ • • • -  1 2
M a le  -- 

F e m a le
4  ■" '  .j. ------------------

~ T 7

S to le n  P r o p e r t y ; ^ 3 u y in g ,  R e c e i v i n g ,  P o s s e s s i n g l 3

M a le

F e m a le
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J? p ^  / o l  \

V a n d a l i s m ”*  •■■i -w - —  1 4 ^ '
M a le  ■ 

F e m a le
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1 4 ) 3 0 2

W e o p ^ s ;  C o r r y in g , 'P o s s e s s i n g ,  e t c .  1 5 *
M a le
F e m a le

3 J l - \

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P r o s t i t u t i o n  o n d  C o m m e r c ia l i s e d  V i c e  . ' 1 6  '

M a l e .  \  

F e m a le
- d L : S ^ — 7 -  

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r - l d Z J

S
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2 2 '  s

5#JC >P (fense_s  ( E x c e p t  F o r c ib le  r
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M a l « ^ ‘ ?
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■: - £ - . X - L Z - i

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N o r c o t ic  D r u g  L o w s  7 * ' - - *  '  '  . T o t a l  -• '1 8 - ^

M a le  . 
F e m a le

.........
:  7

■•p.?;^Opium o r  C o c o in e  o n d  T h e i r  D e r iv a t i v e s  .
■ ( M o r p h in e ,  H e r o in ,  C o d e in e )  - • o-

M a la  '  - 

F e m a l e ~ ~ ~ 7
’- iT l l r l — —

j  ' V 7 -Mofiluono .-“ **■**••• f  • *T. -fa
Male
Female - 4 - - -

.

t “ T - - •:---------- ----

•: Synthetic Narcotics • Monufoctured'Horeeties 
.,’Whieh Con Cause True Drug Addiction. - 'V .y  

'■ (Demerol, Methadones) ___ '4

Male -■ 

Female - ^ 7 4 - 7 z : :
J E T —

- £ : S
_ r l _ = .

-  ■ -

*  Other* Dangerous Non*Nareetie Drugs -
(Borbiturates, Benzedrine) ■5*-:v.'d-

Male
Female- T - r — z - 7 7

. 4 7 7 3 7 7

.r, •' M’ r .fT '*- * "■*
Gambling . • • ' - c - ' '  - Tatdl. 19

M ale. i- 

Female - c - - -
: - M . ^ - 4 2 z - 4 4 . - 1 3 2 .

' 4 .
i .

* ' ' Bookmaking (Horse and S^ort Book) " o
Male
Fem ale

Va. r .  - ? ^ ' r ' - 4 3  ■

■.stNutnbers ond Lottery ;• b'
Male- :■ 
Female br»- - T \ 4 - ,- - ■< -

• C -
T * . • . ' . • “*»'- ‘•*!^AH Other GombUng • -r ,  c

Male -̂^e
Female

i * L i r - -
. vX *-*i

-  - €
-  ■•- -1

1

jO n'enses Agoinst Fom ilyand Children- * "m 30 J,'

Male^:
Female

i - - J .  
/

7 . . I  

•  -  /

\  . i
2

Driving*Under The Influcn'ca' ^  ~»-'7 21 .
Mala-..--
Female* — = - - | : 4 - - V - . — T -.TT - r .

• • ' , - L

Liquor Laws ' x  7^22 •’

Malo -  

F em ale
4 ~ S i :

. . . .  .a
l _ j € d . — L

7 4 £ - ■- ..•• 1

Drunkenness «3
M al^
i* ea. .

— T T ’ . - 7 4 1 . P  4T — -

r  J £ 7

r -  - . I - • - - . I

t Disorderly Conduct a . . ' .>.'.24 pFemale
"

-  J
-  - t o r V i ' 7  3 7

 ̂ Vograncy ' - I  -'*■■'25-
Male-
Female

7 - 3 -
-  2

V  4 . / • _

•tAII Other O ffenses (E xcept Traffic) * * . '■  , .> 2 6 .—
^*ale■i. 4 

Female'
- J 9 .

"  n

— 3 4
V  ^ f o - A l f -  - 4 !

- j m S - Z :

I - -  2 T

: 4 P l > -

/ ? / - 2 7 S  \ 3 1 3

'^ISusploien —2 —3- ' •  27 'I Female
' f

" 7 j - t -
L l  A S J y .  - J S l — U X J J l  _

-■=- / . ^ r  s » i -  > 2 1 M
. 2 4 2 -

^ - 3 2 1 3 3  \ 2 / ‘7

'] . i l  ■ -  ■ . , -  ,.j_^Iale: ■; 
- Curfew and Loitering Low Violations 28 Female

-  P  . ^  _  o n . \ - j 3 - l — l A . J z X - 3 5 -
1  I - '  1 ■ /  ■

- _ f 4 _
P  • 0  t .

RurfAways 29
j Male.- -  - 1 - ' ■ _ L -  d  ■ -•.

Female I -  -  - '  - i  - - i . -  - 1  -- - ________ —  y

• T O T A L '■. ( 7̂̂ ?;■/?/.,? \ \





/v
. -OF OFF£NSeS .X, ^ 0 .44  I 45 -49  i

55
o<id I

-̂ irr̂ er'cnj Nonnaglioent .̂■anilaughtor
ĵ i;

oio.Kr
• *^ rT »s /o u g ^ te r  b y  'Negligen»'e i_:i_Olbl'l
,® e r c lb le  R o p e 02 T 1 r

{̂ffe bben a .
0 3  IFI

:ir:
(Acgreveted A s io u tr  

. f'.P"Tfum S-4e-d)

iS u ra io 'y — B r e a k in g  
i |» r  c n le r in q

L e r e e n y — T h e f f  
.i 'E x e e p t  A o t e  T h e f t )

05 |F
M 
F

h-11
0 6

'Auto Tiieff 0 7

O th e r A s s o u lt s  
(R e tu rn  B - 4 e ) 0 8

Arsen 0 9

F o rg e ry  e n d  C o u n t e r f e i t i n g  ) 0

[Freud

iEmbezxlement 12

1— 334 — 2k 
JL2-23.

- _ 3

K i

L ^ i - 3 1

50-54 i 55-59 i 50-44 I over ITOTAL
— 3 , L _ J L L _ 3 _ _ _  IlH H
___lA __1 ^ 1 '

Fa c e -)
hi.Whi’tB ! Meoro : ness

* r

- j -

-3 U ___ 3j___

— l i  
_ a

22a.._13S.
_2 Q

Ulk6
-Jj., — 3___3_

. . m
_21

____ 2
-3

41-12
6.

S to le n  P r o p e r t y ;  B u y in g ,  
R e c e iv in g , P o s s e s s in g

Ml
i - f

Vendelism 14
-1-23

'^ • o p jn s ;  C a r r y i n g ,  
P o s s e s s in g , e t c . 15 fi-'

'•'k_kQ4__3k.
P ro s t it u t io n  a n d  
C o m m e r c io i iz e d  V ic e 16

>®» O i ie n s c s  ( F x c e p t  F o r c ib le  
R o p e  end  P r o s t i t u t i o n )  17

. . I Q

--24

-3Z]
- 2 .

-- i i2 -  
_____S _

L_3D_ ,_25

.27
.III4

S 26
J A l

—  S.

- - 3£- 
£

M cf '1 > 4 - - - 4 '

'^ o r r o t le  D ru g

O p iu m  o r  C o c o in e  a n d  
T h e i r  D e r iv o t l v e s  (M o r *  
p h in e . H e r o in ,  C o d e in e )

|M|
Total 18 f F p

' t  ■
Moiifuono
S)>nlK«tle N o re o fle i - Mono- 

, 'Oetvred 'Norcotics Which 
'>j Con Causa True Drug Addle* 

tioft (Demerol. M ethadones) c |F 
Other - Dangerous Won* 
N arcotics Drugs

- u .---- d .

ji'
(Barbiturates, Bansedrina) dj^

.2.

- h .
o

— liul-JLk-
7

— 3_i__i4__oa

J . ___ a 4
1

.._32, 3

_ _ . 2_

222Z
_[i 5k

- I k l

-32k

_k21
Li.

1450

1
wibUng"^ Total 19 |

^ . 6£ l
k Z .

, _ k 3 S  
— k k

- - 3 3 I  
.. 16

. _ 2 3 Q . — 6 3 . . . _ A L
1

J L l i l
l o r 198 6 6 2 7 V 5 60 A

3ookmoklr'g (Horse ond 1 
Sport Book) a[

A J _____k -

3 -  ttumbors and Lottory bj
A

______

Afl Other Gotnbllng

-fattoai Against Fom ll, 
d Children 20 1k _ 3 S .  

: _____ L -
- - 1 6 . ---- 2.

^ ____2-
- - . 2. — . — -1 - --1 S &

0 fi? i n 6 1
IV^g Under Tho  ̂
^luenco 21 i

I k O
8 l

- 1 2 1
1 1

- 1 1 2 . 
_____ L

— S 2.
_____n

— 2 7 _. . — 2D.
6C ■ 5 8 7 351- ‘T ,  ̂ S 

ROOT Lows 22 r
- k o .

20 ____ 2 U
- _ S 5 _

— 1 1
- i l k

I k U i -
k 6 0
1 7 k 7 7 0 1

•j.nkeoness 23 If
2222

“ ■26'^
. 2 1114 17 .1 6 .
_  1 7 k  i i T

13 3 1.4 7 3 1  L  k 2 5 1 i ‘ ;--'.k 
7 1 .  I i7 I k l  !

t
sorderly Conduct 24 F - m .  

r  66
- U 7 4

17
— 6 7 .

— 2 2 .
—  J 2 .  

1 1

1 1 — * uU I
- - X L .
- J L Q

_ J4 5 _
6

I 3 2 8 J
6 1c 128*? 1 7 2 3

U
M

-gw.ey 23 T — 1 1
I ______1

—  8 .  
2

___ k . — _ 7 . - 8 6
21 *?9 iiB

_____ L-

1 Other Offenses ^ 
teepi Troffic) 26 2o

-1 1 7 .
_ 2 2 .

- J S .
_____ a .

- - 8 A
_ 6 _

— 2 i _ - _ k 8 .
9

J S £ k |
1 7 1 7 7 S 97lr

~ i r

\ M
tpfdoii, 27 r - - l a

} . 20
— S 3 i  
- . 1 2 1

- - k k -  
_____ L

— 2 I- .  
1 1

- I 2 _ - _ 3 6 . 1 2 !' 1
217 7 ).6 0

hX
1

s

T O T AL j k S l l 3751 2 7 2 5 ^OIS- l.C k 3 s . '.? >6166' k 6 ?8 2 I k l 5 !  32 ! 2 6 7  1 2 1 ,1

.lC2i
_ _ 6 q
___1

-AJ_32
I

Jil____k j

A
_26

-IS.

J A R

299

_ k l

.10 $^

-IS ,

122

22k

_ 2 k

1660

_S i

127

- I I

-201

I k s .

J32

J i l

JO.
-2S1

-koa.

13

-83

-21

j A ll j I Other ;



"j Jj V i
" C L A w i J F i C a t i o n  o f  o f f e n s e s

j i ofld i '
S E X  i Uncicf : n . u  u - u

;MorScr ond Nonnegltgent Monslougnter

S E X  I U n 16

TefalUnder
13

01 o I Ffjfnulc i

j M on^ lo ugh te r by N e g lig e n c e 01b

M.flc

F i-m n lc

Whltfi i

« F e r c ' b l o  R o p e 02 F c m u lc

• R o b b e r y 0 3  F c m n le
■ IQL .23.

I
! A g g r a v a t e d  A s s o u l t  ( R e t u r n  3 > 4 a « d ) 0 4

I

I B u r g la r y > « B r e a k in g  o r  E n t e r in g OS

M u le

F c m n le .
_________ a __________

M n ic
F c m n le ,

_ _ a i .
- H — M "

-lOTi. _ J.S3 L J3li J. lia J _1(11 i -7.21.
11

_ 1 $ _

■ r 17k !

L o r c e n y T K e f t  ( E x c e p t  A u t o  T b o f t ) 0 6

M a le

F e m a le
2°--_2.Q.i-.230L3L22_
? I T)' ! =̂iil Ilk

-1 2 0  J_120_ 
?6 ! kl 191' 210 !

A ir to  T h e  (t 0 7

M . i l c _

F c m n le
____4 — 3L + — 3 S k -31- — 62_4__42_ ._2J3_

7?

I O th e r  A s s a u l t s  ( R e t u r n  B  •  4 c ) 0 8

M a le
F o m o l r

.3Lai__36
2 ! ):

._£6.J— 'ik.
T l

-205 
-  27.. k2 ! 1̂ :

r "
A r s e n 0 9

M a le

P e m a l e

F o r g e r y  o n d  C o u n t e r f e i t i n g 1 0  F f 'm n le

M u le

11 F e m a le

J ___2.
. J : .

1
. 3 .

9

E m b e z i ’ e m e n t 12
M a le

Fcmnle J L

M u le

; S to le n  P r o p e r t y ;  B u y in g ,  R e c e i v i n g ,  P o s s e s s i n g l 3  F c m n le
—  ..1.4- U -Il- _ _ 12. - - 3 L - 3 1 2 :

1 ,? . J Z _

V n n d o l i  sm 14 F e m a le
--2k. _L L i-.^ l

I • 2
L -3 3 - .ka..

• 3l
- _ S . a _2S2.

3122. -17.7
I ^/oopons; Carrying, Possessing, ete. 15

M u l c _

F c m n le -̂ 1- - 3 - , — 3 3 — 1 6 . 2d.
2

.10. .32.
2 1 . 6?

I Prostitution and Comnerclollzed Vico
Mule
Fcmnle

10
y

I Srx Offenses (Except Forcible 
{Ropo and Prostitution)j ttJp< 17

Male
Female

-13-
13

Noreotie Drug Lews T o t a l 18

Male
Female

O.tium or Cocaine and Their Derivotives 
(Morphine, Heroin, Codeine)

Male
Female

I Mcriiuor.o
Male
Female

Synthetic Noreoties • Manufactured Narcotics 
Which Con Couse True Drug Addictieu 
(Demerol, Methadones)

Male
Femole

Other* Oengereus Non*Horcotic Drugs 
(Berbiturutos, Benzedrine)

Male
Fcmnle

G o m b lin g Total 19

Male_
Female

TT6 22 57 59 156
lk9

Bookmolcing (Horse and Sport Book)
Male I 
Female [

Numbers and Lottery
Male
Female

All Other Comblmg
Male ■ 
Femole

Offenses Agoinst Family and Children 20
M u lo

Female

Driving Under The Influence 21
Male
F e m a le

Liquor Lows 22
Nlale_
Female 1

J U .
l " 11

Drunkenness 23
Male
Female

27
~ 1

-2?-
k

J k
8~| kP 33

Disorderly Conduct 24
Male
Fc-nnlc

1 9
2

-J- 108 1 0 7
'9

161
!i3

2C0 6 3 0
r 1 7T ■

Vogfuncy
M ale 2

2S Femole 2 2 1 k

All Other Offenses (Except T iofflc) 26
Mate
Female

- - 2 2  . 28 . — 9 5-
51

- 5 7 ^
35

n i l  W
3 k  1 * 3 3 '

kCO 
■ 'ld3~ 2ii6 317

Suspicion 27
Male
Femole

— 1 . — U ,  
2

60
7

93 J 7V 
7 1 9

3 x J
9,5 2k9

Curfew end Loitering Lew  Violotiens 28
Male
Fcmnle

_________
.. . ..

— . - 3 1 -
2

- 1 2 - - 2 7 - 69
6 6L

Rtin*Awoys 29

Male
Femoic 1 ' .

T O T A L
-

10 ^ — n .o J 051 8k2 1078 n k o k576 I L 60 3«-̂  t

1451 ( ! N S T S 'J : 7 I 0 N S  o n  p a c e  41



T A L L Y  S H E E T  (continj«d)
AGE. SEX A.NO RACE OF PERSONS ARRESTE3 • UNDER 18 YEARS OF AGE

'i; o 
•iJ r

+> Xo <u zco

Saa

ACI RACt 1
10 a.id

n*1 2  1 13*U 15 'A 17
To' U 1 1 iWhita 1 Sagro ' dian * tksr- i teaa Othar

111 NwcMie dn« U«»a
TOTAL

U _______^ 3 . .
<G

1 4 -

f ! O 0
«. OpiiA or 'M a-M  ^ 4  

tbav dativaU '.f 
(■urvAiaa. karoia. f 1

— ................ — — ____

b. M«iiaa«a

M ___
O 0f 1 O

<*. ,4]r«Uballt aarcMica - 
aanitfaetwad aarcMiea 
Ml' .h ean e maa inM 
d n f  addiction

U

---------- '
f

d. UOiar -  daacarou*
AOAaarcDti * dru*' a 
( Bafbituata*.

uf i '

19. CaabliAd
TOTAL

M
d
— ..J.L. . . - 1 . 4 . . 4 < ? . .../.7.X..o J / ? /

a. Boohiaakiiid 'horaa 
and apon booai

Hf
b. Sitadara aftd loUary

-

a. All o*ha.

Mf
20. Offauaaa a4ai:iat iha 

family Md ei>.ldraa

M ... o
O oP 1 o

2L Drivint iada> tba
imnuanea

H 7
z 1f / /

2X Lid«er lawa

Mf — — . - - . . . y . j - T

7  ^
...7.. >3

..............T ' / ■ T 0

23. CttMika«aa«

Id

f — — ...S. .I.Q.
J

22.
S . . . . 4 Z . 73'

24. DIoeadartp aoaduoi

M

F
..J.r. Z3 //S'

“  i ' <

.ISI. 
 ̂Yo

. . 4 4 / . ..0..L.
7 4 2 ) .30/ S73

2i- Vacnmcy

M 3 3
O fF ( /

M, AJl uthaa offoAaaa
< oBdapt tradAa)

M

F
.j j : . . J J .

e

..iA. S2.J I
S2-

.I.O.S.
4 i f zSZ 27p 330

27. £aariCt«

M

F
...n .s ..M..-.11.■S' .M-s'̂ ..72..102.7

372
- - z f f z 190

20. C«<aai aad UdartM
▼tbiattoda F

...L. —

2
to~T — 2 - _ 4 .  

2 -

3!=. . . . „ ...IJ.../3 to 37

70. Run -wiiya F \ ^ i ; '

TOTAL

Jt
F

.^.1
20 (=> ̂

99C
'Jh.

1‘iL.
Jim

.ill..
/cy

/QlQ.
M l.

11/1..
7// 1327

_K 5 1



T A L L Y  S H E E T

AGE. SEX AND RACE OF PERSONS ARRESTED • UNDER 18 YEARS OF AGE

4' c3 -P U rt■p u
CO o

XO 4 SCO

Saa
ACC FAce

lO and >Bidar tt-I2 13-14 t IS it * 17 '̂ '***{a whiia Na*o Ind' ' "*i. Omar

1. r asd noaii«<l it»nl
M ____ 1____ / 2. 3

0 J
y

P ___J ____ 0

31, Umalaushtar ky H ...0....
F a__

2. Forr’bl* r«o« M 3 / ‘f Q j L

S. RoMary
M Z /2 <̂ ! 2 / 2Z

____L H l_P ____W ' 2 J

4. ASersvaltd ssaMlt
M / L

0 J OF \ ! 0

9, 8w«lary •• b(»akiJ4 . or «flt«rnif
M
F
..7n,

/ Z
.17J.

z.
..UL

's ’__ 2. J /jr J A I . S io

1. L̂r«*<iy •• (haft<*acfpi auto (haft>
M
F
.Al. /3A 3o^ ;vJ .'7k. /Jo f77

2YY U aJo -T VJ J<2> z& lo Z

7. At-a (haft
M .-j.. .±...‘ik. dz s r Z3o

fZ 7 /Qia tF / t i z . 3

A. Olhar aa«a«it*
H
F ......

•7 .1 1 ..r ..2X.
s

3L
7

..^1.p ..'.¥.‘7 ..
.JY l. 3C> IJ V

J T>>- r

■i. Araaa
H
F

. . .L .
/

— ...L . ...LO...
/ _ Z _ _ 2 _

19. Feroary aideewuarfauvif
H J / Y (Y

!'■/ / .

IL rvwd
it i n z 1F ! /

11 Fihauiawa
M ... a...

0 0 *0

11 SulM̂ iWrtr ̂ yut.raeaivias. poaaaaamf
M / ...7... ( t ....A ..J.Q. S

-JA. 3 Y'"q
14. VwJaltM

M
F

..Z.S. / ..U.
s
..A'l.

3
...cx.

S I J JZZ
Ti H r J i t /

U o'aanMia; eaffyinc.
It
F
:..z. 2 ..LL. 20 ,.3X.

!
..JI.

2.
...LLrl..

3 lY H3.. J-__

11 ft—aitiiaa and anaaaareiaiiaad »(aa

2 ‘■i 3 '  ¥'•
_ _ z _ U-

\

/ L 7 z. 11.

If. Sam offaaaaa laaaaee M / / f J ....I.Q..
0

<Cani' >im 4 m  w w  tide)
Addition*) eooito of this forn . tia oMsintd by iddrossiai i

w
f

1453



■■ -A

• i**» Ẑ ’ -
- ■ c '  ' 1

*■  1

# 5 i

•■'•.. -?pid

C '  •

> ‘0 « ’ ' ' !

-  W.V'sa^M

X  ' / ̂- ;/ /frciiifrc those rt̂-cas'̂.d' ̂.•
A G E

C L A S S I F t C A T I O N  
O F  O F F E N S E S i i •! S E X I  18  i 19 22

M u r d e r  o n d  N e n n e g l ig e n t  M a n s la u g h t e r

• M ale  

O lo ; Fem n.

M a n s la u g h te r  by M e g ligen e e

[N Ia le
O lb i  F e m a le

'T-j-r
J.-Z..I.

:7rr
? 3  I 24 I 2 5 . 2 9 1 30 -34  ' 35 .:

! M a le

F o r c ib le  R o p e 0 2  [ F e m a le l
TI¥JIK.

R o b b e r y 0 3

A g g r a v a t e d  A s s a u l t  ( R e t u r n  B » 4 a « d )

Mate i 

F e m a l e F  /

------^M ale

0 4  F e m a le

B u r g lo r y — B r o o k in g  o r  E n t e r in g

L o r e t n y — T h e f t  
( E x c e p t  A u t o  T h e f t ) 0 6

M a le

F e m a le

M u le

F e m o !

A u t o  T h e f t

N Ia le  _  

0 7  F e m a le

J12..

~ A.
I I

O t h e r  A s s a u l t s  ( R e t u r n  B * 4 e )

<  M a le  

0 3  iF e m a le

0 9

F o r g e r y  a n d  C o u n t e r f e i t i n g

M a le

F e m a le

i L

M a le
10 iF e m a le

F r a u d

[M a le  _

11 [Fem ale  
---------------------------

Nlale

E m b e z z le t . i e n t 1 2  ‘ F e m a le

S to le n  P r o p e r t y ;  B u y in g ,  
R e c e i v i n g ,  P o s s e s s i n g 13

1 4

W e a p o n s ;  C a r r y in g ,  P o s s e s s in g ,  e t c . 1 5

M a le
F e m a le

M a le
F e m a le

M a le
F e m a le

M a l e
P r o s t i t u t ' o n  o n d  C o m m e r c iu n z e d  V i c e  16  jp e m a le

X
/

lL

z

. y _ 2 .

- J -

. Z l .  
z.

2 2

- f o

.1).
_ L

j L

-3fJl
U L

. J . .z
X

T
.JZa.J..

A L
3

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I 1157



PART 13: Appendix A —
Incidents of Memphis police 
use of deadly force to appre­
hend property crime suspects, 
Appendix B —  the rules and 
regulations of the Boston 
Police Department governing 
use of deadly force

1 4 5 S



APPENDIX A

. 145f)



APPENDIX A

INCIDENTS OF POLICE USE OF DEADLY FORCE TO APPREHEND 
PROPERTY-CRIME SUSPECTS (AS DESCRIBED IN EXHIBITS 18A 
_________ 19A, AND 39, PRODUCED BY DEFENDANTS)_______

I. USES OF DEADLY FORCE AGAINST BURGLARY SUSPECTS

Date
Suspects' 

Race Age Circum stances of Shootings

1. 2 /3 /6 9 Unk. Unk. Officer fired shotgun and wounded 
fleeing Burglary suspect. One 
apprehension.

2. 5 /1 0 /6 9 B 16 O fficers surprised 5 or 6 MNs breaking 
into business place & fired at fleeing 
suspects. One suspect shot in back. One 
apprehension.

3. 5 /1 2 /6 9 B Unk. O fficers observed Burglary suspect come 
out of business place & fired at fleeing 
suspect. No apprehension. No one shot.

4. 7 /2 /6 9 B Unk. O fficers fired at fleeing Burlary suspect, 
not apprehended at tim e. No one shot.

5. 7 /12 /69 Unk. Unk. Officer fired at fleeing Burglary suspect. 
One apprehension. No one shot.

6. 8 /6 /6 9 W Unk. Several officers fired at fleeing auto 
occupied by Burglary suspect. No 
apprehension. No one shot.

7. 9 /10/69 B Unk. O fficers fired at fleeing Burlary suspects. 
Two apprehensions. No one shot.

8. 9 /25 /69 B 20 O fficers fired at fleeing Burglary suspect 
who jumped through window of house. One 
apprehension. Suspect shot (serious).

9. 10 /9 /69 W Unk. Officer fired at fleeing auto occupied by 
two Burglary suspects. One MW later  
apprehended. No one shot.

10. 10/11/69 W Unk. Officer fired at fleeing prowler who was

apprehended.
car lot. Three MWs later 
No one shot.

1 4 G 0 * ’



11. 10/27/69 B Unk. O fficers fired at fleeing Burglary suspect 
after they ran from burglarized apt. Two 
apprehensions. No one shot.

12. 11/2 /69 B Unk. Officer fired at fleeing Burglary suspect 
after observing suspect run thru plate- 
glass door of business to elude officers. 
One MN later apprehended. No one shot.

13. 11/14/69 B Unk. Officer chased Burglary suspect after 
observing MN attempt to cash stolen check. 
Officer fired two shots at fleeing suspect. 
One apprehension. No one shot.

14. 11/28/69 B Unk. O fficers caught 4 MNs burglarizing grocery  
store and fired at 2 fleeing suspects. Four 
apprehensions. No one shot.

15. lA A O B Unk. Officer fired at fleeing burglary suspect. 
No apprehension. No one shot.

16. 1/lOAO B Unk. Officer fired at fleeing prowler suspect. 
One apprehension. No one shot.

17. 1/11 AO B Unk. O fficers fired at Burglary suspects inside 
business when suspects kicked glass out 
of window in an attempt to flee. Three 
apprehensions. No one shot.

18. 1 /16A 0 B Unk. Officer fired at three fleeing Burglary 
suspects. No apprehensions. No one 
shot.

19. 1 /26A 0 B Unk. Officer fired at 3 fleeing Burglary su s­
pects. All three MNs apprehended. No 
one shot.

20. 2/lOAO B Unk. Officer fired at fleeing Burglary suspect 
get-away car. Two apprehensions. One 
suspect shot.

21. 6 /22A 0 B Unk. Officer fired at 3 fleeing Burglary sus­
pects. Two apprehensions. No one shot.

22. 3/lOAO B 16 & 17 O fficers fired at fleeing Burglary suspects. 
Six apprehensions. No one shot.

1 4 S 1



23. 3 /19A 0 B Unk. O fficers fired at fleeing Burglary suspect. 
No apprehension. No one shot.

24. 3 /23 /70 B Unk. Officer fired at fleeing Burglary suspect. 
One apprehension. No one shot.

25. 4/11 AO B Unk. Officer fired at fleeing Burglary suspect. 
Two apprehensions. No one shot.

26. 6/9  AO B Unk. O fficers fired at fleeing Burglary suspect. 
No apprehensions. No one shot.

27. 6/15 AO B Unk. O fficers fired at fleeing Burglary suspect. 
Suspect shot in left side & apprehended 
later at home.

28. 6 /17A 0 B 21 O fficers fired at fleeing Burglary suspects 
fatally wounding one suspect and wounding 
the other who was apprehended.

29. 6/29 A 1 B 21 Fired at fleeing burglary suspect who 
refused to halt. Suspect was struck one 
time in right elbow.

30. 7 /1 6 A 1 B 25 Fired at burglary suspect seen running 
from bldg. The subject was ordered to 
halt and was hit one tim e in lower portion 
of back by 38 service revolver.

31, 9 A A 1 B 22 Officer fired one shot at fleeing burglar 
as he was observed coming from the 
bldg, and would not halt.

32. 11/17A 1 W 20-24 Above suspects were found on the roof of 
a building in which they had burglarized. 
One suspect broke and ran from the bldg, 
and was getting away. One shot was fired  
at the subject.

33. 12/19A 1 B 16 & ? Officer fired 2 shots at subjects as they 
tried to flee from a burglary as they were 
seen inside. [No injuries]

34. 12/22A 1 B 18 Officer fired one shot at fleeing burglar 
suspect. No one hit.

i l s r

3a



35. ? /4 /7 l B 28 O fficers fired 2 shots at fleeing felons 
after they had burglarized a building 
and stolen a vehicle. [ No injuries ]

36. ? /4 A l B 28 O fficers fired 2 shotgun blasts as subjects 
fleeing from building during a burglary.
[ No injuries ]

37. ? /3 A i B 20 Officer fired one shot at fleeing burglar 
as he was observed leaving building. 
Subject got away unknown if injured.

38. 1/8 A 2 B Unk. Officer fired one shot at 3 MN fleeing 
scene of burglary. [ Not known if injured!

39. 1 /30A 2 B 22-23 Officer fired shots at burglary suspects 
who were fleeing as officers observed them 
leave scene of burglary. [ No injuries ]

40. 3 /2 1 A 2 B 22 Shot at suspect fleeing scene of burglary 
at 1605 Glenview (no arrest).

41 2 /1 1 A 2 B 16 Subject fleeing scene of burglary at 1947 
Edward Cove. Not wounded.

42. 4 /6 A 2 B Unk. Shot at M/B attempting to pry open rear  
door at 900 N. 2nd. [No injuries]

43. 5 /3 A 2 B 16 Attempted to flee scene of burglary at 
1878 S. Orleans. [No injuries]

44. 5 /1 4 A 2 B 20-25 Fleeing burglary at 1275 M ississippi. 
[Not known if injured)

45. 5 /3 0 A 2 B 17 Shot at burglary suspect while inside 
building attempting to flee. [No injuries]

46. 5 /3 0 A 2 B 27 M/C fleeing burglary at 594 Linden. 
[No injuries]

47. 6/25 A 2 W Unk. Shot at fleeing auto suspected of burglary. 
[ No injuries]

48. 6/25 A 2 W 49 Shot at prowler that fled scene at rear of 
4668 Mallory. [No injuries]

49. 7 /6 A 2 B Unk. Shot at 2 M/B that fled burglary at Booker 
T. Washington School.[No injuries]



50. 7 /28/72 B 18 Officers shot at 2 M /B attempting to 
flee burglary at 1246 Rorida. [No 
injuries]

51. 8 /17 /72 B 23 Shot at M /B fleeing after observing him 
coming out of window. [No injuries]

52. 9 /13 /72 B Unk. Shot at auto of suspect of burglary at 1309 
Hollywood, [No injuries]

53, 9 /23 /72 B Unk. Shot at M /B fleeing burglary of school. 
• [One minor injury]

54. 10/13/72 B 24 Burglary in progress, [One minor injury]

55. 10/21/72 B 25 M /B fleeing burglary at 849 Jackson. 
[No injuries]

56. 10/21/72 B 25 Officers observed suspect breaking and 
entering. Suspect fled officer fired 3 shots 
in attempt to halt suspect. [Not known if 
injured]

57. 10/31/72 B Unk. Officer fired 2 shots at burglary suspect 
after officer saw him breaking into business 
and fleeing scene. [No injuries]

58. Unk. B 24 . Officer fired one shot at fleeing burglar 
suspect to prevent escape. [One minor 
injury]

59. 1 /17/73 B 21 Officer fired at fleeing burglary suspect. 
[No injuries]

60. 1/19/73 B 22 Officer fired shot at fleeing burglary 
suspect. [No injuries]

61. 2 /25/73 B 15 Officer fired at fleeing burglary suspect. 
[No injuries]

62. 5/29/73 B Unk, O fficers responded to burglary call and

63. 6 /13/73  B Unk.

^ --------------■ —  X  \U .ki X .X  \ J  i i i

the resident. After giving chase officer  
fired one shot. [Not known if injured]

Officer on scene of burglary in progress  
fired one shot at fleeing suspect, [No injurie

i l b 4



64. 6/22/73 B 20-23 Officer fired 3 shots at burglary suspects 
as they fled scene where they were caught 
with merchandise in their possession. 1 
[No injuries] |

65, 7 /7 /73 W 16 O fficers fired 2 shots at fleeing felon 
after he fled from burglary scene. He 
was not hit.

66. 7 /8 /73 B 24 Officer fired one shot at fleeing burglary 
suspect after he was getting away and no 
other means was available. [No injuries]

67. 7/1-3/72 B 17-19 Officer fired one shot at burglary suspects 
as they fled scene of crim e. [Not known if 
injured]

68. 8 /1 /7 3 B Unk, Officer fired one shot in attempt to halt 
fleeing burglary suspect. [No injuries]

69. 9/16/73 B 23 Officer fired at burglary suspect. [No 
injuries]

70. 9 /17/73 B 15,16, 
& 17

Officer fired at fleeing burglary suspects. 
[No injuries]

71. 10/31/72 B Unk. Officer fired at fleeing burglary suspect. 
[No injuries]

72. 11 /5 /72 B Unk. Officer shot at fleeing burglary suspect. 
[No injuries]

73. 1 /3 /7 4 B 18-20 3 shots fired at burglary suspects fleeing  
from scene. No one hit. Suspects got 
away.

74. 1 /23 /74 W 18 Officer fired one shot at subject fleeing 
from burglary scene. Subject was not hit.

II. USES OF DEADLY FORCE AGAINST BURGLARY SUSPECTS 
(RESULTING IN DEATH)

Deceased Suspects'
Date Race Age Circum stances of Deaths

1. 10/10/66 B 21 Burg. Refused to stop

6a

1 4 B 5



2. 8 /20 /67 B 15 Burg. Refused to stop-Warning shot

3. 9 /20 /67 W 21 Burg. Refused to Stop

4. 11/29/67 w 22 Burg. Refused to stop fleeing

5. 2/14/68 w 20 Burg, Refused to stop fleeing

6. 4/15/68 B 24 Burg, of Liquor Store

7. 11/11/69 B 18 looting, breaking, fled

8. 2 /22/70 B 16 Breaking Cafe- Fled

9. 5/16/70 B 27 Burg. Warning Shot, not halt
10. 6 /17/70 B 21 Burg. Serv. Sta. Shot W/SG

11. 1 /8 /72 B 16 Burg. [Fred Lee Berry]

12. 1 /12/72 B 14 R eeing from stolen car. Shot Gun

13. 8 /1 7 /7 2 B 23 Burg, of Serv. Sta.

14. 9 /6 /7 2 W 25 Burg, of Dr. Office

15. 3 /21 /74 B 19 Burg, In Progress

16. 7 /21 /74 B 23 Burg, & Theft of Sq, Car,

17. 10 /3 /74 B 15 Burg, of Res. Refused to Stop

m . USES OF DEADLY FORCE AGAINST AUTO THEFT SUSPECTS 
(NONE RESULTED IN DEATH)

Date
Suspects' 

Race Age Circum stances of Shootings

1. 5 /5 /69 B 16 Officers chased four MN suspects \vh 
they abandoned stolen taxicab. Offic-

2. 8 /2 0 /6 9 B 15

No one shot.

Officer fired at fleeing auto theft suspect. 
One apprehension. No one shot.

7a

1 4GB



3. 8 /20 /69 B Unk. Officer fired at 3 fleeing auto theft sus­
pects. No apprehensions. No one shot.

4. 9 /10 /69 B Unk. Officer fired at fleeing stolen auto occupied 
by 4 suspects. Four apprehensions. No 
one shot.

5. 9 /26 /69 B Unk. Officer fired at fleeing suspect who 
abandoned stolen auto. No apprehension. 
No one shot.

6. 10/16/69 B Unk. Several officers fired at fleeing stolen auto 
occupied by MN, while being chased thru 
So. Memphis by Police. One apprehension. 
No one shot.

7. 12 /1 /69 B Unk. Officers chasing stolen auto fired at car & 
at MN who abandoned car. Three appre­
hensions. No one shot.

8. 12/21/69 B 43 O fficers fired at fleeing stolen auto. One 
apprehension. No one shot.

9. 1 /8 /7 0 B 25 Officer fired at fleeing stolen auto. One 
apprehension. Suspect shot in shoulder.

10. 1 /15 /70 B 23 Officer fired at tires of fleeing auto chased 
from Union & McLean. One apprehension. 
No one shot.

11. 8 /4 /71 B 15-16 Officers were in pursuit of stolen vehicle  
which wrecked and subjects in auto ran. 
Officer order their halt, but they refused. 
Officer fired 2 shots. [No injuries]

12. 9 /5 /71 B Unk. Officer fired one shot at auto theft suspect 
after he ran from a stolen vehicle and 
refused to halt. [No injuries]

13. 9 /10/71 B 16 Subject broke and ran from a stolen 
vehicle in which he was riding when he sav/ 
the police. Officers gave chase and ordered 
the subject to halt. The subject refused and 
was fired at 3 tim es, once being hit in 
lower back.

14. 3 /19 /72 B 18-22 Chasing 4M /B in stolen auto. [No injuries]

■f?167



15. 7 /10/72 W Unk. Shot at M/W after observing him fleeing 
possible stolen auto. [No injuries]

16. 10 /5 /72 B 24 Shot at stolen vehicle. Also shot M/B  
in back when fleeing from scene.

17. 9 /5 /73 B 17 Suspect jumped and ran from stolen

18. 9 /25/73  B 17

truck in which he was driving and officer? 
fired 2 shots at suspect. Suspect was 
struck in buttocks.

Shot at 1 M /B attempting to flee stolen 
auto [seriously wounded]. 2 other M/B  
apprehended at auto.

rv. USES OF DEADLY FORCE AGAINST LARCENY-THEFT SUSPECTS 
(NONE RESULTED IN DEATH)

Date

1. 9/25/71

Suspects' 
Race Age

W

2. 10/22/71 B

33

16-25

3. 9 /7 /7 2

4. 7 /4 /7 2

5. 8 /4 /7 3

B

W

W

Unk.

19

20-25

Circumstances of Shootings

Subject was using stolen credit cards and 
upon arrival of officers fled. One shot 
was fired at the subject. [No injuries]

Upon observing 3MB's coming out of a 
ICRR box car with TV under their arms 
the officers ordered them to halt at which 
tim e they ran. One shot was fired. [No 
injuries]

Shot at M /B after fleeing from auto with 
stolen food in his possession. [No 
injuries]

R red at subject after defendant fled scene 
of theft of refrigerator. [No injuries]

Suspect wanted by Document Bureau was 
escaping from scene of attempted crim e  
when officer fired one shot in attempt to 
apprehend. Suspect was hit.

9a



TOTAL INCIDENTS OF USE OF DEADLY FORCE AGAINST PROPERTY- 
CRIME SUSPECTS: 114, including 96 blacks (21 juveniles, 37 adults, and 
37 of unknown age), 13 whites (1 juvenile, 10 adults, and 5 of unknown age), 
and 2 suspects of unknown race and age.

[The foregoing information, except for the 19 incidents resulting in 
death (which were not described until after the trial had startedf, 
is  statistica lly  summarized on the first page of Exhibit 20, The' 
remaining two pages of Exhibit 20 show that during this same period 
there were: 63 incidents where officers used deadly force in connection 
with crim es of violence, in self-defense, or in defense of others; 14 
incidents where only warning shots were fired (even though warning' 
shots have been prohibited since 1968); 11 incidents where firearm.s 
were accidentally discharged by officers; 13 incidents where deadly 
force was used to kill dangerous or wounded animals; and 10 iJ.-t
m iscellaneous incidents. In addition. Exhibit 39 reflects that 24 sus­
pects were killed by police officers during 1963-74 in connection with 
crim es of violence or in self-defense (the exhibit, prepared by defendants, 
puts the number in this category at 23, but one incident is  m isclassified  
on the exhibit). ]



APPENDIX B

1 4 7 0



3®S!l©ffi [Pq DOs s

RULES AND REGUUi.TIONS

Sec. 1

sTiza

APPENDIX E

■July 14, 1975

RULE NO. 303 

Section 1 

DEADLY FORCE

guidelines and regulations governing the 
e o f deadly force by .tembers of the Departiiient and to establish

investigation of firean. dascharSs under 
street conditions. I ls provisions are e ffective  iimiediately, sunersedinc
S a?d T ^ °?h ?' regulations, orders, b u lle tin s, and directives

g rdin^ the use o f firearms or other deadly force by Boston Police o fficers.

tharSieJ^V ilfno? regulations in the Department, i t  is  understood
S i s -  n conceivable situation that may
arise. _ Idjen the provisions of t.his rule are found to be incomp 1-̂ -e or

circumstances, o fficers are e;<pected
above t h e S e S S  o f ' S f r S l ' °

2 i™ a S ly S  rule, the following defin itions

of force lik e ly  to result in death or areat 
discharge o f a fiream  toward a p e r s o S S n s S t S S

causSSroS S S ly S n S u r /!" '"-

g reat bodily injury ireans bodily injury irhich creates a su b sfn tia l 
™ n i l i m - 5 F W i c h  is  lilcely to cause serious, p cr^ A S rS J sfi a.rercnt 
or organ.”'' ii’-P '̂rracnt o f the function of any bodily jaealjer

"̂'=1“'*"= circumstances

^ d e n ce ireans using cautious, discreet or shrewd action and havin"
citizen s while maintaining an awareness 

the resp on sib ilities o f acting as a police o fficer .

=“ “ ble

a c tif i^ S lf^ b P a ”̂  ‘5 reasonableness and prudence o f a police  
 ̂ determined on a caso-by-case basis by thos^ memb-rs of

a S tiS ^ r ^ n rh  propriety o f a follow o ff ic e r ’s
S “ h™ l'or

lb.1471



JLE ^D. ' 303
■cclions 2 - 4

'.-I ' U . i l■.f .̂ J  ^iij H | I||^ V  •'

Street Conditions are a l l  those in wliich an o fficer  is  rendering police services, 
as opposed to attending a training course, maintaining equipment, or engaging 
in purely administrative functions which do not bring him into public contact.

GENHb\L CONSIDERATIONS: The primary purpose for which each sworn member of
the Department is  issued a firearm and trained in i t s  use is  the protection of 
l i f e  and limb, his own and that of every other person needing such protection. 
Although the firearm is  a necessary tool for present day policing, the 
destructive potential i t  carries mandates that i t  be used discrim inately and 
within clearly  defined lim its. This rule establishes those lim its.

In the interests o f personal safety, police o fficers must seek to gain and 
t maintain an advantage over persons known or suspected to be armed. Such an 

"edge" may take the form of numerical superiority o f manpower and firepower 
or that of an officer  staying "one jump ahead" of a subject lik e ly  to produce 
a weapon; but the o fficer  seeking to maintain the advantage over' a subject 
suspected o f being armed is  in a d if f ic u lt  position . He must prepare to use 
his firearm should i t  be necessary, yet show the restraint required to ensure 
tlie propriety of his actions. The situation demands the utmost a b ility  to 
think c learly , quickly, and d ecisively , and to use a firearm in a safe and 
e ffectiv e  manner.

The ^s-ton Police Department recognizes i t s  legal duty to protect the rights of 
a l l  individuals to due process of law and a fa ir  tr ia l ,  and i t s  members are 
thereby bound to refrain from any use o f force that unnecessarily tends to 
administer punishment at the hands or a police o fficer . The responsib ility  for 
punisliment._ of criminal acts rests so lely  with duly constituted courts of law 
and penal institu tion s and is  by no means extended to the police.

POINTING FIRE'\RMS: Officers sha ll avoid pointing firearms at persons in
circumstances mder which discliarge would not be clearly  ju stif ia b le . However, 
in situations involving a strong p o ss ib ility  of great danger ( e .g . , searching 
a building pursuant to a burglar alarm or approaching a business establishment 
on report of a robbery in progress, e tc .)  the o fficer  should carry his weapon 
in a position -that w ill fa c ilita te  i t s  speedy and safe use. While an officer  
should not point his weapon unless he is  prepared to use i t ,  the fact that 
he has done so ob'viously should not be interpreted as an obligation to fire .

DISCHARGE OF FIREARMS: The law permits police o fficers to use physical force
in -the performance o f their duties, but only to the degree required to over­
come unlawful resistance. This doctrine o f "minimum use o f force" applies 
to the use o f firearms as w ell as to that o f non-lethal force. Also, because 
o f their destructive poten tia l, the use o f firearms must be further restricted  
to the purpose for wMch they are issued, that o f protecting l i f e  and limb.
The discharge of a firearm under street conditions by a member of the 
Department is  permissible only when there are no less  drastic means available.

A. To defend himself or another from an unlawful attack which 
he has reasonable cause to believe could result in death or 
great bodily injury, or

1 4 7 2



RULE NO.
Sections 5 10

B.

Sec. 5

Sec. 6

Sec. 7

Sec. 8

Sec. 9

Sec. 10

C.

To appreliend a fleeing felon when the o fficer  knows 
as a_virtual certainty, (1) that the subject has 
comnitted a felony during the commission of which lie 
in f lic ted  or threatened to in f l ic t  deadly force 
upon the victim , and (2) that there is  substantial 
risk that_the felon in question w ill cause death or 
great bodily injury i f  his apprehension is  delayed, or

To k i l l  a dangerous animal or one so badly injured 
that humanity requires i t s  removal from further 
suffering.

SUSPICION OF .A. ®INE: Under no circumstances shall members of tl̂ e Dcn̂ r̂t-
ment apply deadly force to e ffec t an arrest on mere suspicion tha? a ‘
Sim e comiatted or that a particular person has coiimiitted a

^ ^ N I^ S : l^der the laws of tlie Commonwealth, persons under the a<-e
children and noimially proceeded against as delinquent
Children, and their records are lik e ly  to be expunged unon their
SraS^from ^P^'^^^mcnt shall, therefore,retra^ from the use of firearms against persons kno-.̂ n or thought to
be ®der the age o f 17, except when no le?s drastic moanl S r a v a iS h le  
to defend n ^ e l f  or another from an unlawful attack which the o'f-ic-r  
injur/?^°""^^‘' believe could result in death or great bodily

BYSTANÛ nS: Officers who find i t  necessary, under the Provisions
_s to discharge fireania under street conditions shall"

care for the safety o f persons and property in tlie area 
S^stSjders!^'"'' ' ' ' ' reasonably certain that thLe is  no danger' to

SIGNALS: Firearms shall not be used as a '^icnali^a
device. A deadly weapon shall not be use<l to sunrnon assistaTicS or -o 
give signals or to warn a fleeing subject to stop. Tliis does not m.-an 
H n  ^  niay not disdiarge his revolver without the intent to
k i l l  or disable i f  m his best judgment he has no alternate method of 
convincing a would-be attacker that he is  ready and able to dSend 
himself, or others, i f  the potential threat is  not discontinued.

te h iS e ^ S ^ th e ^ n f? ^ ™ "  shaU not be discharged at or from a moving venicie unless the o fficer  is  being threatened with deadly force bv
S o S S T f  J circum stSL s ^ffJL rs^ ou ld  be aware of the usual in a b ility  o f revolver fire  to nerc-m te 
TOtal or glass surfaces of an automobile. Revolver fire  caraiot be 
depended upon to stop a moving vehicle.

PI31MISSIBLE IflE-APONS AND AMMUNITION’ Offirer=: ch-iTi i
weapons =md a « n i t io n  aoth™ SS"by  

• 8 .,  shotguns, r i f le s ,  autonatic weapons, s t c . ,  arc not nom-.Uy' ”



LE <\'0. 503
.■ctions 11 - 12

11

12

issued. However, such weapons as are authorized by the Department for special 
operations may be se lec tiv e ly  issued by the Duty Supervisor i f ,  in his opinion 
they are necessap^ to ensure the safety and effectiveness of police ooerations! 
O fficers_armed with special weapons in such circumstances shall use those 
weapons in accordance with the provisions o f th is rule as well as any additional 
guidelines issued at the time.

REPORTING FIERARM DISCHARGES: An o fficer  discharging a firearm under street
condipons sh a ll, as soon as possib le, take the necessary steps to report 
the discharge. An on-duty o fficer  w ill notify his immediate superior as well 
as the o fficer  in charge of the d is tr ic t  in which the event occurred, and ^sdll 
subnut the necessary reports without undue delay. An off-duty o fficer  
discharging a firearm inside the c ity  w ill notify  his own commandinĉ  o fficer  
and the o fficer  in charge o f the d is tr ic t in which the event took place and 
w ill submit the necessary reports, without undue delay, to the supervisor 
investigating the dischargp An off-duty o fficer  discharging a Department 
firearm outside the c ity  \d l l  n otify  his own commanding o fficer  and w ill 
submit the necessary reports without undue delay. All discharges require 
the submission o f an Incident Report containing, in addition to the regular 
in fop n tion , the o ff icer 's  duty status (on duty or o ff  duty) at the time of 
the incident, the model and ser ia l number o f the w'eapon, the number of 
shots fired , and the reason for the discharge. Cases in which an o fficer  
fires  at a person require also that the o fficer  report the number of shots 
( i f  any) fired  by the subject, the dist;uice between the subject and himself 
when the f ir s t  shot was fired , and who fired the f ir s t  shot. A ll these points 
of infonnation w ill be included in tlie narrative portion of the Incident Report.

INVESTIGATION OF FIRIARM DISCHARGES: Tlie manner in whicli police o fficers use
their fireaims is  an extremely c r it ic a l issue to the Department, one in wliich 
the community and the courts allow l i t t l e  margin for orrdp. To ensure that 
proper control in tMs area is  maintained, a l l  discharges under street conditions 
\>all be thoroughly investigated for the purpose of determining the extent to 
which tusy comply with Department policy, hben a firearm is  discharged by 
an on-duty o fficer , his commanding o fficer  m i l  be responsible for in itia tin g  
^ in v e s t ig a t io n . I f  ^ e  o fficer  involved was o ff  duty at the time of a 
discharge within_the c ity , the o fficer  in charge of the d is tr ic t  in which the 
^ e n t occurred w ill in it ia te  the investigation. For off-duty discharges of 
Department firearms occurring outside the c ity , the investigation w ill be 
in itia ted  by t.he commanding o fficer  of the o fficer  involved.

Upon receiving notification  of a firearm discharge by an o fficer , the commanding 
otficer  responsible for in itia tin g  an investigation w ill assign a supervisor 

■1 When possib le, the involved o ff ic e r 's  iinmediate supervisor 
however, i f  the o fficer  involved is  o ff  duty at the time of 

t.he discharge, or i f  his supervisor is  othenvise not available, another 
supervisor w ill be assigned.

The investigating supervisor shall respond to the scene of the discharge as
possible and shall there conduct an investigation to determine 

the tacts o f the incident and the extent to which the discharge coinplied with 
Upartment policy, ^le supervisor w ill submit his finding to the commanding 
o fficer  who in itia ted  the investigation who, within 24 hours of the incident



Sec. 13

Sec. 14

RULE ,\'0. 305
Sections 13 - 14

I'^ill submit the in vestigstive report, along ’.vith his own recommendations, 
to the Police Commissioner. Any information obtained la ter w ill be 
submitted in a supplementary report. The Chairman of the Firearms 
Review Board (see Section 14) also w ill receive a copy o f a l l  reports 
pertaining to firearms discharges.

PERSONS INJURED OR KILLED: v̂'hen a person is  wounded or k illed  as a
result of the application of deadly force by a member o f the Department, 
the regular investigation by a street supervisor w ill be augmented by an 
on-scene investigation by the Internal Affairs Division.

FIRB\RMS DISCHARGE RE/IHV BOARD: As an additional investigative resource, 
there w ill be a seven-member Firearms Discharge Review Board, composed 
of the Superintendent-in*Cliief or his designee, who w ill serve as 
Chairman; the deputy superintendent in cliarge o f the area to whidi the 

is  assigned (or, i f  such o fficer  is  not under the 'coinaand of 
one of the area deputies, a deputy superintendent from the Bureau of'
Field Services appointedby the Chairman); the commanding o fficer  of the 
d is tr ic t , d ivision , section or unit to which the o fficer  is  assigned; a 
representative o f the Internal Affairs Division; a siv'om o fficer  assi'nicd 
from the Training Division; and two sworn Boston Police o ff icer s , chosen 

the o fficer  whose setions are under review, Tlie two sworn officers  
selected by the o fficers whose actions are under review shall not be 
related to the o fficer  by a ff in ity , consanguinity or adoption.

Tlie Firearms Discharge Re\riew Board w ill review not only discharges of 
firearms, but also the subsequent actions o f superior o fficers who 
investigate discharges and report their findings to the Police Comm.issionc! 
The Board w ill seek to determine the e.xtent to which both a c tiv it ie s  
conplied or fa iled  to comply vnth Department p o lic ies  a:id regulations 
and w ill make a report of i t s  findings and recommendations to the 
Commissioner.

Staff support_w ill be provided to the Board, as needed, by the Internal 
Affairs. Division. Hov/ever, the Chairman may, with the approval of tlie 
Commissioner, use otlier Department resources as investigative s ta ff  for 
F.D.R.B. inquiries.

Upon receipt o f repor-ts pertaining to a firearms discharge, the Giaiimvin 
o f the Board w ill review the information submitted and, in accordance 
with the provisions o f th is rule, w ill  in it ia te  appropriate action 
within 30 days.

Accidental discharges and those directed at an animal may be investigated  
by the Board i f  the Chairman deems an investigation to be appropriate 
and necessary. The Fireaimis Discharge Review Board w ill investigate  
a ll  other incidents in which a firearm is  discharged by a member of the 
Department under street conditions.

The Board \«.ll receive all reports submitted in relation to a fircan.TS 
discharge and may call and interview any person who can give infoimation

5b 1 4 7 5



iJLi: NO. 305 
ect'ons 15 - 17

15

>̂16

pertinent to the inquiry. Members of the Department must appear and give 
information i f  called; hov;ever, before being questioned by the Board, members 
shall be advised of their right to ^vithhold inroination lik e ly  to result in 

criminal charges against tliem or that may be used as evidence 
against them in a court o f law. This does not abridge the Department's rî ĥt 
to require members to answer a l l  questions relevant to their o f f ic ia l  actions- 
however, in _accordance with S ilverio vs. Justices o f the Ntunicipal Court, City 
of Boston, in f o ^ t io n  obtained through such administrative questioning can not 
be used to criminally prosecute the member providing the information.

Copies o f a l l  reports relating to a discharge incident vd ll be routed to the 
Office of the-Commissioner, Internal A ffairs, Personnel, the B a llistic ian  and 
the Chairman o f the Firearms Discharge Review Board. A copy of the Board's 
report to the Commissioner w ill be made available to the o fficer  whose actions 
are_reviewed. Ali related reports, including those generated by the proceedings 
or inquiiies of the Firearms Discharge Review Board, w ill be maintained in 
separate f i le s  by the Internal Affairs Division.

DISPOSITION: Upon receiving the F.D.R.B. report pertaining to a firearms discharge
investigation ,.the Commissioner may accept and act upon i t s  recoiranendaticns 

in to ta l or in part, or he may return the report to the Board witli a request 
for further information or c la r ifica tio n . In either case, the authority and 
responsib ility  for fin a l Departmental disposition of a firearms discharge 
case rests so lely  with the Coiniiissioner.

rRA.INING AND QUALIFICATION: In the use o f a firearm, ineptitude can bo as 
di.sastrous as indiscretion. Police o fficers in this Department, therefore, 
w ill be held accountable for proficiency as wall as compliance with poliev  
in t h e u s e o ^  firearms. A ll sworn members of the Department are responsible 
tor maintaining a minimum level of expertise in the use and handling of a ll  
f ir e .a ^  approved for their carrying. S p ecifica lly , sworn members w ill 
q u a li^  at least once a year with a score of 60% or higher, using the firearm 
normally carried on duty. An o fficer  who fa ils  to qualify w ill be allowed 
30 ^ y s  to b r in g  his score up to a qualifying level and, fa ilin g  to do so, v /ill 
be tei^orarily reassigned to intensive training at the police range until 
quali..ication i.s achieved. An o fficer  who after 60 days of such intensive 
training has s t i l l  fa iled  to qualify w ill be subject to reevaluation.

SECURITY AND MAINTENANCE OF FIREARMS: Nfembers shall take reasonable precautions
to ensure that weapons issued them by the Department are protected against 
misuse, tembers are also responsible for keeping their issued firearms clean 
and in good working order.



PART 14: Excerpts from thetrial record in Wiley v. Memphis Police Department, Civ. Action No. C-73-8, Mem. Op. (W.D. Tenn. June 30, 1975)

1477



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18

19

20 

21 

22

23

24

25

1

122

was held between . Shea and the opposing 
attorneys, saune not reported on the record by 
request of counsel.)
MR. SHEA: I'm sorry. Your Honor, I thought

maybe we could just try this case and, on deposi­
tions, but apparently we can't.

THE COURT: All right, you nay proceed, Mr.
Caldwell.

MR. CALDWELL: Your Honor, !lr. Shea just in­
formed us that ha will insist on all of Director 
Hubbard’s deposition being introduced into evidence, 
and in view of that. I’ll just move that the entir 
deposition be admitted, and I would like to, to 
briefly highlight a few items from that deposition 
beginning at page eight of the deposition. Your 
Honor, and this was taken January 16, 1975, and I 
notice that the deposition bears his name as 
initial "J.", initial •W." Hubbard. I think it is 
"Jay W." "J-a-y V7." I believe that is the correct
spelling of his name.

Beginning on page eight at line fifteen: 
(Reading);

"Question: Did you receive statements
of concern from individuals outside the depai’t 
ment, and I would specifically wonder about

147H



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7

8 

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11

12

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15

16

17

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19

20 

21 

22

23

24

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1

123

persona we might classify as black community 
leaders?"
And to put that question in context, I night 

break away and say that the question is having to 
do with developaent of guidelines to govern the 
use of deadly force.

"Answer: Objections from the black com-
aunity, everytine a black nan was shot, is 
categorical, it is automatic, it is a reflex, 
and 1 have it everytime we shoot.

"Question: You had it prior to the
formation of the now policy?

"Answer: Yes."
And I might interject there, and say the now 

policy was adopted in, in February, 1974.
P r o c e e d in g  on  p a g e  n in e ;

"Question: And since, while the new
policy has been in effect?

"Answer: It is immediately assumed on
the part of some of the black leadership in 
the community that the police fire because the 
man is black, and apparently because they 
thought it was permitted. That assumption is 
raised everytima we have a situation where a 
police officer elects to pull the trigger.

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Aa f a r  a s  an y  s p e c i f i c  c o m p la in t  a d d ra a a e d  to  

th e  d i r e c t i v e  t h a t  wa^ i n  e f f e c t  b e f o r e  t h i s  

o n e , I  h a v e  no  k n o w le d g e  o f  an y  s p e c i f i c  com­

p l a i n t  e :ccep t th e  g e n e r a l  c o m p la in t  t h a t  th e y  

j u s t  h a d  th e  f e e l i n g  t h a t  to o  m any b la c k  men 

w ere  b e in g  s h o t .  O f c o u r s e ,  o u r  a n sw e r  t o  

t h a t  i s  t o o  many b l a c k  men w ere  c o m m it t in g  

f e l o n i e s .

" Q u e s t io n ;  You  s t a t e d  th e  r e a c t i o n  i s  

a u t o m a t ic .  Z a ssu m e  y o u  d o n ' t  f i n d  t h i s  ty p e  

o f  c r i t i c i s m  o r  i n p u t  c o n s t r u c t i v e ?

"A n sw e r :  I t  i s  n o t  a  how I  f e e l ,  i t  

e x i s t s .  We know , a s  a m a t t e r  o f  fa c t . ,  t h a t  

i t  w i l l  s u r f a c e  a s  so o n  a s  we h a v e  a s h o o t in g  

i n c i d e n t .  V7e do n o t  e x p e c t  a p p r o v a l  fro m  t iie  

b la c k  com m u n ity  when we s h o o t  a b l a c k  m an, 

e ve n  i f  i t  i s  done  b y  a b l a c k  o f f i c e r .  We 

d o n ' t  e x p e c t  i t ,  we d o n ’ t  c a r e  a b o u t  i t .  O ur  

p r o b le m  i s  t o  g e t  a t  th e  f a c t s , w as i t  o r  w as 

i t  n o t  j u s t i f i e d ,  and  we t r y  t o  a r r i v e  a t  [ 

t h a t  t h r o u g h  a v e r y  c l e a r  and  m e t h o d ic a l  p r o ­

c e d u r e ,  o u r  i n v e s t i g a t i o n s ,  and  we a l s o  now 

h a v e  a f i r e a r m s  r e v ie w  b o a r d . ”

I f  I  c o u ld  su m m a r iz e  two o r  t h r e e  p a g e s .  Y o u r  

H o n o r ,  e s s e n t i a l l y ,  p a g e ,  p a g e s  e ig h t e e n  to  tw e n ty

—  -  P o o e B s )



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d e a l s  w i t h  th e  a t t i t u d e  o f  th e  p o l i c e  d e p a r tm e n t  

i n  th e  b l a c k  com m u n ity  a s  com pared  t o  th e  w h ite  

co m m u n ity , and  th e  f a c t  t h a t  t h e ,  th e  f a c t  I 'm  

m a k in g  i s  n o t  a s  g o o d  i n  th e  b la c k  co m m u n ity / and  

I  w o n 't  s a y  an y  m ore th a n  t h a t ,  t h a t  i s  e s s e n t i a l l y  

th e  t h r u s t  o f  t h o s e  t h r e e  p a g e s  t o  w h ic h  we do c a l i .  

th e  C o u r t ' s  a t t e n t i o n .

On p a g e  t w e n t y - s e v e n  o f ,  on p a g e  t w e n t y - s i x ,  

Y o u r  H o n o r ,  i n  th e  c o n t e x t  o f  a q u e s t i o n  a b o u t  th e  

p o l i c y  g u i d e l i n e s  g o v e r n in g  d e a d ly  f o r c e  a g a in ,  and  

l i n e  tw e n t y .  I ' l l  r e a d :

" Q u e s t io n ;  Then  th e  b a s i c  p o l i c y  r e s t r i c ­

t i o n  c o n f in e s  h im ?

"A n sw e r ;  Y ou  r e s t r i c t  th e  p o l i c y  to  

when he ca n  u n h o l s t e r  t h a t  t h in g  and  y o u  m u st  

be  f a i r l y  s p e c i f i c .  He h a s  e n o u gh  s e r i o u s  

ju d g m e n ts  t o  make an d  i t  i s  g o o d  f o r  h im  to  

h a v e  som e c l e a r  g u id a n c e ,  and  we t r y  to  im p ro v e  

t h i s  g u id a n c e  i n  t h i s . "

And  t h a t  i s  th e  r e f e r e n c e  t o  th e  new p o l i c y .

A t  p a g e s  t w e n t y - n in e ,  p a g e  t w e n t y - n in e ,  l i n e  

e ig h t e e n :

" Q u e s t io n :  I  b e l i e v e  I  h a v e  h e a r d  y o u

s t a t e  t h a t  y o u  t h in k  t h a t  i t  i s  a d e t e r e n t  to  

c r im e ,  i s  t h a t  a  f a i r  s t a t e m e n t  o f  y o u r  b e l i e f

l/;o| 0CG091



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1 in that regard?
"Answer: We don't apply deadly force as

a detarant. My own personal belief is that 
capital punishnent is a deterant. My own per­
sonal belief is that the threat of deadly 
force has to constitute some kind of deterent 
By inverse logic, if the absence of the threap 
of deadly force, given the same community of 
crime-prone individuals, would just taka one 
more restrainment off of their activity, so 
in that sense I would say that the threat of 
deadly force, the knowledge in the city that 
under certain specific circumstances officers 
will draw their weapon and fire it, I feel haii 
to be regarded as soma kind of deterent to 
serious crime."
THE COURT; Mr. Caldwell, you may continue on 

that matter, it is about five minutes beyond the 
tine that I indicated before that we ware going to 
go, and there is no need or press to get that in 
today, rather than tomorrow, so I'll interrupt you 
at this tine, and I'm just. I'll excuse you gentle­
men until nine fifteen tomorrow morning.

MR. CALDWELL; Thank you. Your Honor.
(Whereupon, at 4:55 p.n., the proceedings



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UUITSD STATES DISTRICT COURT 
WESTERN DISTRICT OP TENNESSEE 

WESTERN DIVISION

MARTHA WIIJ2Y, Mother and 
Next of  Kin o f  FRED LEE 
BERRY, a Deceased Minor,

versus

P l a i n t i f f ,  ) 
) 
) CIVIL ACTION NO. 

C-73-8.
MEMPHIS POLICE DEPARTMENT, ) 
ET AL. , )

)
Defendants. }

VOLUME II

TRANSCRIPT OP THE EVIDENCE 
APRIL 3, 1975 
MEMPHIS, TENNESSEE

0 0 0 0 ,% '



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I-N-D-E-X

WITNESS

J .  W. Hubbard 

Henry E, Lux 

John A. C o le t ta  

Charles T. Kenny 

Henry E. Lux

DIRECT
EXAMINATION

135, 180 
184 
245 
266
321, 348

CROSS-
EXAMINATION

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(W h e reu p on / p u r s u a n t  to  th e  o v e r n ig h t  

r e c e s s .  C o u r t  co n v e n e d  a t  9 :1 7  a .m ,,  an d  th e  

f o l lo w in g  p r o c e e d in g s  w ere  h a d .)

THE COURT; Gentlemen, are we ready to proceed 

MR. CALDWELL; We are ready. Your Honor.

THE COURT; A l l  r i g h t ,  you may proceed with  

your f u r th e r  p roof .

MR. CALDWELL; When we adjourned f o r  the day 

ye s te rd ay .  Your Honor, I was c a l l in g  the Court's  

a t te n t io n  to c e r ta in  port ions  of D irec to r  Hubbard's 

deposit ion ,  and there are two other items th a t  I 

would l ik e  to d i r e c t  the Court's  a t te n t io n  to in  

th a t  regard .

At pages tw enty-e ight  and twenty-nine of the 

deposit ion .  Your Honor, the fo l low ing  question and 

answer appear, and the answer i s  continued on page 

tw enty -n ine .

(Reading);

"Do you think then th a t  the more r e s t r i c r  

t i v e  p o l i c i e s  th a t  are in  e f f e c t  in  other  

c i t i e s  cause those c i t i e s  to do a le s s  capable  

job than your p o l ice  department does here in  

th a t  resp ect?

"Answer; There i s  no way f o r  you to 

q uan ti fy  who i s  doing the b es t  and who i s

o o n o e S '1 4 8 5



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doing the worst, because if there is anything 
that is characteristic of police statistics 
and criminal statistics is that the guy that 
is doing well today maybe right on his ear 
tomorrow, so to try and correlate those would 
be, in my opinion, an exercise in futility."
And at pages thirty-one to thirty-two;

"Question: Why did you adopt a policy of
self-defense or defense of others of deadly 
force on" —

"Why did you not adopt a policy of self- 
defense or defense of others of deadly force 
on the part of an officer?

"Answer;. Because you would thereby offer 
the full option of escape, too, and I feel 
that would give unwarranted advantage to serious 
—  to the commission■of serious crimes.

"Question: Serious being the ones that
you have elaborated?

“Answer; Serious --
"Question: (Continuing) —  in the deadly

force policy?
"Answer: That's right, the ones primarily

where you have a victim.
"Question: Did the deadly force policy



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include burglary, could include burglary, I 
believe it does include burglary of a busines^ 
That doesn't seem to fall in that category to 
me?

"Answer: It certainly does.
"Question: Would you elaborate on that?
"Answer: Sure, be glad to. You arrive

at a burglary scene, you know that a burglary 
has occurred or it has been reported, or it 
is suspected, whatever, and the police arrive 
at the Scene, you see someone fleeing the 
scene, you ask them to stop and they don't 
comply.

"Now, right here, if for that instance 
we could freeze everyone, have that, just 
stay right where we are, we are not going to 
touch you, we are not going to do anything, 
just freeze while we go in and inspect the 
premises, and once we are sure there is no 
victim, that your only crime has been against 
property, then we will say, okay, continue 
running and we will try to get you some other 
way, but you can't get that freeze to take 
place, you have no idea what is in that scene 
Now, if we had a situation where you



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1 apprehended them inside the premises, you had 
them basically in custody, and you satisfied 
yourself that it was only against property 
and not against any person, and then in the 
process of their trying to, they caught an 
unguarded moment and took off, I would say 
that the use of deadly force might be ques­
tionable there for a burglar, but you have 
first ascertained to your own satisfaction 
that this is all that it was, nothing more."
I think that is all. Your Honor, that we 

would like to emphasize at this time in that depo­
sition-.-

THE COURT; All right, sir.
MR. CALDWELL: We would like to call as our

next witness, Your Honor —  (interrupted)
MR, SHEA; Excuse me. Director Hubbard is 

here. May I speak to him for just a second. Your 
Honor?

THE COURT; Yes, sir,
MR. SHEA: Subject to the approval of the

Court, Mr. Caldwell said we could put Director 
Hubbard on out of order since ha has other commit­
ments on for the day.

I might speak to him at this time for one
cooooa



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A I, you don't know what kind of threat, a burglary 
involving human life, you don't know the results.

Of course, if you see someone in the process of 
entering, I'd say that it would be open to a great deal 
of, of question whether or not deadly force to prevent 
them from entering would be justified, would just have 
to depend upon the situation, and, of course, tiae 
burglary, burglar departing, our view is that you have 
no idea what exists within that burglary scene, whether 
there are victims, human victims, or whether just a 
simple theft of property, or property taken.
Q Okay.

What is the r4eiaphis police officer authorized to 
do in that situation where he doesn't know what happene«i 
on the inside of a building?
A He is, and you are talking about a burglar leaving 
a scene?
Q Yes.
A A burglar leaving the scene, unless the individual 
I mean, first of all, there has to be clear probable 
cause to suspect that that individual has been in that,
in those premises, without permission; that is number 
one.

And there are various circumstances tell you whether 
or not that is likely, but assuming that you have

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probable cause to suspect that a burglary has been com­
mitted by this individual whom you have in visual sight, 
and they don't -- and they refuse to stop on your order, 
our officers are authorized to shoot, and the reason is 
because we have no idea of what we'll find when we entei 
that house, and the presumption is sufficiently high
that there may be a personal victim that we simply have

\perhaps the entry, the illegal entry, means by force, 
for a criminal assault, which is a fairly frequent 
occurence, so we don't know what kind of burglary or 
illegal entry was made, and, and for what, what purpose, 
the officer has no way, if, you know, if wê  could just 
say freeze, we'll go inspect the premises, and talk 
about the property, and the person, and then perhaps 
that would be an ideal burglary.

Whoever is fleeing, you know, will not conform to 
that, that kind of a concept, so there, our officers 
have no choice but to shoot.
Q Let me understand, they're authorized to shoot on 
the assumption of what might have gone on, and what is j 
pure conjecture at that point, on your, just pure specu­
lation, or no knowledge of, they have no knowledge of | 
what is, has gone on inside of the building, they are 
authorized to take a human life on that basis?
A Well, I think law enforcement is confronted with

^ n o o l o o



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enough illegal entries on other people's premises, and 
enough assaults on other people's persons, that in orde;: 
to defend a community, there is every reason in the 
world to suppose that something that, that something 
improper has happened in conjunction with breaking and 
entering into someone's home. So I don't think that is 
such an unacceptable form of conjecture.
Q All right, sir.

It may not be.
A Since I provide the’ guidance of the department, I'rt 
not being regiment, but I think it is a reasonable pre­
sumption.

N

2 All right, sir.
But it would, could just as likely not occur in

half the cases, it could just as likely be in half the
cases, if what you are telling us, you haven't conductec, 
any statistical analysis to find out how many burglaries 
are, are, actually involve more serious crimes against 
persons?
A Well, first of all, you cannot distinguish, as I 
have already mentioned, whether the intent was to commit 
an assault upon property or person. There is nothing, 
really, that distinguishes that for you, and in some 
cases it is the mixture of the two.
Q Well, but the crime, itself, excuse me, the crime,

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itself that you are talking about, that you have probable 
cause to believe that was conunitted is an crime against 
property?
A You don't know that.
Q No.
A That is your problem.
Q No, I'm talking about what you have of probable 
cause to believe?
A Urn-hum.
Q You couldn't get a search warrant, for example, on
the basis of information as • speculative, as conjectual 
as you are talking about, you might could get a search 
warrant based on the probable cause that, that caused 
that, that he did commit a burglary, but you couldn't 
get a search warrant based on that kind of information?
A Well, police officers —  pardon me —  police offi­
cers responding to calls for service, or something that 
they have observed, and has, have reason to believe that 
a crime is in process, obviously operate on-the process 
on, operate on the probable cause, that distinction, anc, 
that is the only thing they have at the time to operate 
on.
Q So, all right, sir.

That is what I'm driving at.
V7e do operate on that, we are operating on it, if

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155

MR. CALDWELL: Yes, sir.
Q Director Hubbard, during the course of your depo­
sition you talked about the need for specific guide­
lines?
A (Nods head in the affirmative.)
Q Am I correct that you agreed that specific detailec. 
guidelines are imperative in a wide variety of law 
enforcement activities, but also with regard to use of 
deadly force?
A Yes, sir.

The situations that confront a police officer,
where he has only moments to decide what action to taka

\are so complex that there is a continuing effort in all 
departments, that I'm aware of, to simplify, not neces­
sarily reduce the options to use deadly force, but to 
simplify the guidelines so that they are more easily 
read and more easily recalled, and we have a continuing 
effort to do that. We are looking at our policy now, 
not from the standpoint of making it more restrictive 
on the officer in the use of deadly force, but trying 
to make it more easy for him to make up his mind.
Q Between, between the January, 1972 policy and the 
present policy, you eliminated grand larceny, and what, 
how was that, how did you pick out grand larceny as 
opposed to, say, armed and simple robbery, and

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what-have-you?
A The policy revision was largely constructed by the 
then police legal advisor, Mr. Krelstein, and first of 
all, I had a grand total of, when, when we began this 
review, I had literally no experience in law enforcemenl^ 
and the things that were, the guidelines that police 
officers needed, the laws that they had to observe in 
the way of limitations, and things, and I was in the 
process of trying to educate myself. Mr. Krelstein was 
very helpful and we had many, many discussions about 
such things as this, and we both agreed, and I believe 
that the chief of police agreed that it might be time 
to try to clean the order up a little bit more. The 
question of removing grand larceny is one of those 
felonies that might be eliminated as the type of thing 
where you would use deadly force, just seems to make a 
great deal of sense. We were strictly dealing with 
property, and we, we do value the human life, and we do 
prefer not to take it, if only property is involved, 
but at the same time, we did not, we don't want to 
remove, make it so, reduce the threat so much that it 
literally invites more felonies than we have already.
We have more than we can handle. So those kinds of 
guidelines are what we follow, and we paid a great deal 
of attention to language-:, and structure of the order.

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157

that sort of thing.
Grand larceny was rsnoved —  One thing I neglected 

to mention earlier/ we formulized a process that was 
already in existence/ was where the officers/ of course, 
had to report to our firearms training center and explain 
in detail the professional technical part of his per­
formance/ quite aside from any question of liaHlity/ 
criminal liability, anything that, or like that, just 
what happened, what was the situation, how was it 
handled. Vie went further and formulized that into a 
firearms review board, which is used something like that 
is used in many departments where we have a board of 
some pure judgment and technicians, and they go back 
through the situation and critique it, operationally, 
and we incorporated that into the provisions as another 
effort to analyze our own performance in situations 
where the police officer felt that he had.
Q Now, just so I make sure that I understand the 
extent of your direct testimony, under 14r. Shea's exami­
nation, you have not developed, since you have been, 
well, first of all, your law enforcement experience has 
primarily been in, acquired in determining of the law 
enforcement problems since becoming director of Memphis 
Police Department?
A Well, I have seen law enforcement in other countries

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158

1 that are far more regimented than ours in foreign comba
2 situations and foreign peacetime situations.
3 Q As far as your experience with domestic law enforce
4 ment, that has been since you became director?
5 A Yes. That has been my source of information.
0 Q You have not developed any information, this was
<7 true at your deposition, and that was not that long ago
8 I assume that it is still true, that demonstrates a
9 correlation between the use of deadly force and a reduc

10 tion, or deterent with regard to the crime rate?
11 A I expressed my view on that.
12 Q You did express your opinion that you thought it
13 was a deterent, but you did not, you were, at the, of
14 the opinion, at your deposition, that it was not possi—
15 ble or at least there was not data presently available
16 which could justify that specifically?
17 A There are no data available to support that view.
18 Q Is that correct?
19 A Yes, sir.
20 Q And in Memphis?
21 A Now, there are, in the literature, you'll find
22 d.ata that supports the notions that the threat of a
23 very high penalty for certain types of crime is a deter
24 rent, that has to do with the question of the death 
^ penalties, watching certain rates., certain specific

OOOiSS



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types of crime before and after the death penalty was 
set aside by the Supreme Court action, but the, you know 
(interrupted)
Q You think that important?
A There are data from people who, to take the oppo­
site view, that, that would suggest that maybe there 
wasn't such a direct correlation. I hold to the view 
there is, that is a direct relation. I said in that, 
in my deposition.
Q As to the death penalty?
A Yes, sir. I think it is a positive deterrent, and 
I think the deadly force has to be considered to be a 
deterrent, because opportunity is —  most crimes, as we 
see them today, are crimes of opportunity. In other 
words, if you think you can get away with it, you don’t 
you give it a shot, and that is just a tremendous amount 
amount of that. What we want to do is try to make it 
clear that you can't get away with it, and, therefore, 
remove the temptation that is in every digested form, 
the essence of our theory about deterrent that, as we 
are reflecting it now, in the use of electric equipment, 
and various crimes, we want the risk to be very high, 
and we would like to see tougher court sentences, a 
ligher bonding.
Q And so you find support for your opinion in that

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1 part of the research and opinion literature that indi­
cates the death penalty, for example, does have a great 
deal of effect?
A I find a great deal of support for it in this com­
munity, whom we serve.
Q I'm sorry, I'm not talking about public support,
I'm trying to pin it down, talk about impirical support, 
or impirical evidence.
A I know I'm not that a profound a student, I have 
not gone through near the literature, for example, Mr. 
Lux or people who are in the professional development, 
law enforcement development field. My reading time is 
limited, but I have researched and listened to my own 
satisfaction that in these times, and in this place, 
with the threat as it is, and the propensity for crime 
that very tough, tough measures are indicated,and I 
reserve a great, great deal of feeling of support for 
that view from the community, whom I'm sworn to serve.

So I believe there is a correlation there.
THE COURT; Gentlemen, we are going right back 

to exactly what the Court ruled on about twenty 
minutes ago.

MR, CALDWELL: Your Honor -— (interrupted)
THE COURT: We'll have this argued right now,

fully, and whether it pertains to Inspector Hubbard
l i a s ,  c o o i n j i

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1 you are shooting at them to atop.
THE COURT; All right.
.Vro there any further atatenents that either 

counsel wish to make or any fur.ther question that 
either counsel wish to propound to the witness for 
purposes of the record in light of the Court’s 
indicated ruling with regard to further testimony 
of this witness?

MR. CALDWELL: Your Honor, we would have no
further questions of the witness.

I would like to respond to one statement that 
Hr. Shea made, and that is, his view of this law­
suit.

It has b.een clear from the data the complaint 
was filed about the theory of this lawsuit, and we 
don't think the discovery process which has been 
engaged in has surprised Mr. Shea, and it has all 
been, we think, tailored to try to support our 
theories with facts which were available from the 
defendants, from elsewhere, and I don't think we 
have engaged in any sort of harassment, which I 
think Mr. Shea's argument implies.

THE COURT; Inspector Hubbard, why cannot and 
should not an officer shooting at a fleeing felon, 
shoot to disable, rather than to kill?



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171

THE 17ITNESS: Well, it is inpractical, mainly
He, the presumption is that you will have a moving 
target, and/or our officers simply have to be 
trained so that if the use of a firearm is justi­
fied at all, then the full consequences have to be 
accepted.

THE COURT; And that is the same whether it ii 
in preventing the threat of injury to the officer 
or to someone else, or to fire at the fleeing 
felon, the policy, as far as you are concerned, is 
the same; "shoot to kill"?

THE WITNESS; Yes, sir.
THE COURT; And the reason being, otherwise 

it would be impractical?
THE WITNESS; Yes, sir, and I would not say 

that it is necessarily shoot to kill, but it is 
shoot to stop, and, and the likelihood of killing 
someone in that process is very high. You simply 
have to, sort of in an indirect way, it takes a 
shot to kill people, just a shot to wound policy is; 
impractical.

THE COURT; Is there any distinction in the 
policy, as you understand it, between the burglary 
in the entry of a home and burglarizing, and entry
of a commercial business?

i 5 o n f 'r i js  4 I ■.: 
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THE WITNESS: Yes/ sir. I see a distinction,
I do.

THE COURT: Is there any differentiation in
the policy?

THE WITNESS: No, except that we are looking
for alternatives.

If I may give a recent example that might be, 
might emphasize the point:

We use, for the, for small businesses, we are 
being particularly faced with food and convenience 
stores, and that sort of thing. ?7e are being 
really hit hard for holdups. They are targets of 
opportunity for people who just run all over the

all night. If they see one that looks like 
a, like a setup, they will go in and case it and 
pull it off, if they think they can. If they
can't, they go on, find another or forget it that 
night.

We have had as much as a hundred on larceny, 
in some cases we have had a hundred on Friday 
nights, for example, still watches, and first of 
all, it is tiresome and most unhappy situation.
It presents waste of time. It is burdensome, 
looking at the walls of the inside of a store or 
place, most unpleasant to sit in the back of the

c o o m



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1 Store waiting with a shotgun and waiting for that 
store to be hit, and we have looked for alterna­
tives to take care of that, and we found, first of 
all, the outcome is frequently where the holdup 
occurs, where you do have a hit, the holdup occurs 
the officer steps out with his shotgun to threaten 
the subject and hopefully to force him to stop.
The usual result is that the subject takes off and 
the officer pursues, and frequently has to fire. 
This was -- They have had to fire those —  or they 
have fired in those circumstances, and despite the 
tragedies that have occurred out of that kind of a 
posture to defend these stores, you simply cannot, 
under our guidelines, you have to conclude the 
officer was justified.

MR. CALDWELL: If Your Honor please, I may
apologize for interrupting here, but i don’t think 
the witness has responded to Your Honor's question 
as I understood the Court's question.

THE COURT; 'Well, you may be correct, and I'm 
I'll pass on to the next question. At this time,
I don't want to cut off the witness, if he is in 
the middle of what he wants to express, and in 
response to what has been asked.

THE WITNESS; Well, I'm hoping to try to make

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it clear that we are looking for alternatives to 
shooting. We now use some electronics equipment, 
which allows the officers to catch the subjects as 
they are coming out. We have not had to shoot one 
use firearms at all. We have had over twenty appri 
hensions, and twenty hits, about thirty-four or 
thirty-five felons apprehended, without firing a 
sho t.

In two of these situations, two women who 
were attendants at the store were also spared from 
criminal assault, which was in progress when our 
officers arrived, is a, you know, just a better 
outcome any way you look at it, and we are looking 
to these kind of ways to. prevent the use of deadly 
force, but we, at the same time, we do distinguish 
between commercial establishmen.ts, except that we 
have the experience of the women who attend some 
of these stores at night being assaulted, so —

THE COURT: Well, let me ask this. Is there
any requirement of belief that the fleeing felon 
be armed?

THE WITNESS: Yes, sir, there should be a
presumption that the felon is armed, unless —  I’m̂  
no, I'm sorry, I don't feel that is, I don't feel 
that is an absolute requirement. It depends upon

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THE COURT: What kind of warning/ if any is
required/ under the policy before the shooting or 
firing?

THE WITNESS: The officer must identify him­
self/ must give more than one warning and make 
every effort to get the attention of the subject 
and get them to stop.

THE COURT: All right, sir.
Anything further, any further questions, 

gentlemen, in light of what the Court has commente«^ 
before?

MR. CALDWELL: Can I ask one or two questions
Your Honor?

THE COURT: Yes, sir.
BY MR. CALDWELL:
Q With regard to the last answer that you gave the 
Judge, it is clear in the policy, both in this policy 
and the last policy, that the use of deadly force that 
we are talking about in the context of this question,
case, is, is to effect an arrest, has nothing to do, to 
do with whether or not the fleeing suspect is armed, if 
he is armed, and presents a threat to the officer's lif 
or another citizen's life, that presents a different

what you have probable cause to believe has happened.

policy; right? 1504 O G i M M



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A That is correct.
Q The use of deadly weapon against an unarmed felon. 
Which those are high, the deadly force is to be used 
against him, am I correct?
A The question of being armed is only resolved once 
you have the subject in custody, but the presumption 
arises from various conditions that the officer has to 
take into consideration.
Q But your answer to my question was, “yes", that I 
am correct, that is correct, that you, that the officer 
does not have to presume that the fleeing suspect is 
armed, he is authorised to use deadly force to effect 
the arrest solely because a person might get away, not, 
he is not required to make any determination as to 
whether or not the suspect is armed?
A If you had had a vicious attack upon the —  (inter- 

rupted)
a well, excuse me. Now, will you answer my question 
I am willing to let you go through with the hypothetica 
answer, but, but will you answer my question and then 
explain it anyway you like, I would appreciate it. 
are talking about the policy authorises.
A The presumption is that the individual is armed, 
is not an absolute requirement, no, but it, you know,
I mean it is the judgment that precedes the officer's



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action, is of importance with respect to whether or not 
he is dealing with an armed or unarmed suspect.
Q Surely, but, but do you think he should, there 
should be evidence to indicate that the suspect is armec 
A No, not necessarily; no, sir, I don't.
Q Before he uses his deadly force?
A No, not necessarily. As I began to mention a momer. 
ago, terrible crimes are being committed without being 
armed, and if one is a threat to the community, to peo­
ple, and the only way to bring them in, bring them down 
and stop them is by the use of deadly force, whether, 
whether armed or not armed, I would say shoot. Certain 
types of subjects, I don't feel that it is an absolutel]' 
requirement, and it is a consideration, and very impor­
tant one, depending upon what kind of crime you are 
dealing with.
Q Well, in the fleeing felon, let's say the fleeing 
felon, burglary situation, you don't believe there is 
such precept or evidence to give rise to such presump­
tion?
A I can only say from my limited experience that I 
presume that anyone who enters someone else's home 
illegally, going in there with some kind of protection 
for himself, some kind of weapon, and also in the busi­
nesses, business establishments, and I think we find

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that'most of our burglars have, are armed with something. 
Q What percentage of them?
A We would have to research, which we. I'll leave it 
to, to the city council.
Q You haven't done that, have you?
A No, we know that, know we, I would, wouldn't try
to give a horseback guess on that, but we could certaini|,y 
research and provide it for the record if counsel feels 
it is relevant.

MR. CALDWELL: Two other particular areas, and
I'll let Director Hubbard go.

Q There are other law enforcement agencies, other 
urban police departments who do direct their officers 
to shoot to wound, is that not correct?
A I'm not aware of any "shoot to wound" policy in any 
major city of the United States.
Q That doesn't mean there isn't any?
A That doesn't, but I'm not aware of it, of any, and
I have discussed it with a number of administrators 
around the country.
Q All right, sir.

In, if in the course of collecting information froi 
other departments about their particular firearms policy 
if the Memphis Police Department had gathered policy 
from other departments which did direct officers to

s o o n ?



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shoot to wound in the fleeing felon, fleeing felony 
cases, categories, you are not aware of those, is that 
correct?
A I am not personally aware of any. All of my dis­
cussions on the subject with other administrators is 
that it is just impractical, if there were such a policy 
in other cities, I personally would not adopt it.
Q Under the present policy, and I have one question, 
under the present policy, and previous policy, you do 
not direct officers to make any distinction between 
adult fleeing suspect and juvenile fleeing suspect.
There are, to your knowledge, are there not, policies of 
other police departments which do direct officers to 
treat persons who they have reason to believe may be 
juveniles different with respect to use of firearms than 
they do adults; am I correct?
A Yes, sir, that is right. I am aware of some dis­
tinction .
Q But your department does not make that distinction? 
A Not, not at the present time.
Q And it has not made it, to your knowledge?
A The distinction is pretty much a matter of what 
the officer sees in way of size of the subject.

MR. CALDWELL: Your Honor, I would like to
have Exhibits 16 and 17 admitted into evidence, thje

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HENRY E. LUX,
the said witness, having been first duly sworn, 
testified as follows:

MR. CALDWELL: I'm sorry. Your Honor, I've
lost something (indicating in papers on table).
Well, anyway. I'll find it.

DIRECT EXAMINATION 
BY MR. CALDWELL:

Q Would you state your name and your present occupa­
tion, please, sir?
A Henry E., Lux, an instructor in the Institute of 
Criminal Justice at Memphis State University.
Q And in that capacity, you teach law enforcement?
A Yes, sir.
Q Courses, is that correct?
A Right.
Q How long have you been in that position with 
Memphis State?
A Slightly over three years, since my retirement
from the police department.
Q All right, sir.

Prior to going out to the State, you were chief 
of the Memphis Police Department; is that correct?
A That is correct, yes, sir.
Q And as I recall, vou're retired, effective

130f?



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January 1, 1972?
A Right.
Q And because of accumulative leave, you left office 
on November 1, 1971, is that correct?
A That is correct.
Q How long had you been with the, with the police 
department in, at the time of your retirement?
A Twenty-six years.
Q Would you run through, just briefly the various 
kinds of police positions you held with the police 
department?
A Well, I held every rank that they have from patrol 
man through chief.

I spent approximately ten years of my tenure in 
the investigative branch of the department, and -- 
(interrupted)
Q During what period of time was that?
A That was from 1952 until, until about *61, 1961.

Prior to that, was, I was in the field, in the 
patrol and also as a patrol lieutenant.

After my investigative experience, I was promoted 
to assistant chief, and just primarily administrative 
work.
Q That was about 1961, is that right?
A Yes, sir. 1510



192

1 of the police department with the black community?
2 A That is a fair statement.
3 Q And, and the,  th i s  p a r t i c u l a r ,  the "Challenge of

4 Crime in  a Free Society" re p o r t ,  r e f l e c t s  on page

5 n inety-n ine  an opinion research  p o l l  conducted fo r  the 

0 Commission, which r e f l e c t s  th a t  there i s  a s i g n i f i c a n t

7 d i f fe re n c e  between the a t t i tu d e  of the black community

8 and young blacks in  p a r t i c u l a r ,  toward the p o l ic e  across

9 the country,  and the a t t i tu d e  th a t  whites have, the

10 i n t e r p r e t a t io n  which whites have o f  p o l ic e  agencies

11 does th a t  square with your knowledge of  the s i t u a t io n

12 in Memphis?
13 A I'm t ry in g  to think o f  a study th a t  was brought up

14 during our d ep os i t io n s ,  and what i t  shows. I gave you

15 a copy o f  i t .

16 Q Right, which one are you r e f e r r i n g  to ,  s i r ?

17 A I f  the study showed th a t  then, I would have been

18 f a m i l ia r  with i t ,  because I read the study th a t  was

19 done l o c a l l y  in the c i t y  of  Memphis, o f  the j o i n t  study

20 l3y the Memphis S ta te  and LeMoyne-Owen C ollege,  and I ,

21 of course, read th a t  study.

22 Q All right, sir.
23 A And i f  i t  r e f l e c t s  th a t ,  then I'm aware of i t ,  but

24 i t  has been a long w h i le .

25 Q Chief,  the - -  ( in terrupted)

1511



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MR. SHEA; (Standing)
BY MR. CALDWELL:
Q (Continuing) —  to show you a document -- (inter­
rupted)

MR. SHEA: Excuse me.
The same objection as to the materiality of 

this particular document that is being offered.
THE COURT; All right, sir.
Well, again, the Court will overrule the 

objection to the questioning of this witness per­
taining to these matters, without indicating any 
materiality or relevancy with regard to the docu­
ment as it relates to the issues in this cause.

BY MR. CALDWELL;
Q There is a document marked Exhibit 22, Chief, and 
it is entitled;

"Survey of Attitudes Towards Police in
Residents of Memphis, Tennessee."

It says it is conducted by LeMoyne-Owen College, 
Department of Psychology and Sociology, and Memphis 
State University, Department of Psychology, and dated 
November, November —  I'm sorry, March, 1970, received 
by Memphis police, 1970. That was a part of your offic4, 
and you, and you did receive a part of that, part of 
that as a part of your daily —  (interrupted)

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194

1 A Well/ actually/ I, Director Holloman received and
2 passed a copy along v/ith me.
3 Q We discuss this, and you mentioned this at your
4 deposition/ and you furnished us a copy?
5 A Right.
6 Q Fine.
7 One of those who contributed in the research/ and
8 this study/ is Robert M. Vidulich, —  (pause)
9 A Vidulich.
10 Q And he is one of the people in the university out
11 there/ at Memphis State?
12 A Yes/ sir.
13 MR. SHEA: Out where?
14 MR. CALDWELL: Out at Memphis State.
15 A He is the director of psychology at Memphis State.
16 Q I guess what I'm asking is both/ these/ both the
17 study and the presidential commission study, does deter
18 mine that the black community is less receptive and is
19 more hostile, and is more unfavorable in their attitude
20 toward the police than is the white community, and does
21 that square with your experience in Memphis? In other
22 words, does this study by Dr. Vidulich reflect your
23 experience?
24 A Well, we received more complaints from the black
25 community in regard to the manner in which police

COO IS,'1513



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services were provided. Does that answer your question! 
Q Sir?
A Does that answer the question?
Q Yes, sir.

Just to use one, there were a nunber of questions, 
but one question was:

"In general, what do you think of the 
Menphis Police?"

And there were:
"Favorable-positive, anbivalent-mixed, 

and unfavorable-negative" 
responses in this particular said:

"Ninety-one percent of those interviewed 
gave an opinion in one of the first three 
categories." —  

which is favorable-positive.
"A favorable opinion of police was 

expressed by fifty-two percent of these, 
twenty-five percent were ambivalent and 
twenty-three percent were unfavorable.

"However, these totals mask a striking 
difference between blacks and whites.

"But favorable opinions were voiced by 
seventy-seven percent of whites, but by only 
thirty-eight percent of blacks.

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"If aiabivalent and negative opinions are 
combined into a category of less than complete 
approval, sixty-two percent of blacks expressed 
this opinion, but only twenty-three percent oi: 
whites."

And that is just one of the questions which they 
asked in this particular survey, but that does, does 
that square with your experience?
A My general impression of the situation, I can only 
let that research, let it rest on its own bottom, I can 
vouch for it.
Q Well, I understand that.
A I have no knowledge of percentages, and I don't 
know.
Q But you are the —  (interrupted)
A The only statement, the fair statement that I 
could.make, is that we received more complaints from 
the black community in regard to police service than we 
did from the whites, but to get into exact percentages,
I dont have that figure.
Q All right, sir.

Okay.
But those are the primary answers, that is the 

primary answer given between the blacks and whites, pri
mary difference?

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19 7

A Yes, sir.
Q Different attitude and complaints, and what-have- 
you7
A Yes, sir,
Q Now, in this particular survey by Dr. Vidulich, I 
believe, was conducted in conjunction with the N double 
ACP ad-hoc committee meeting, meetings, which were held 
in 1970. Do you recall those hearings?
A Yes, sir, I recall them.
Q Those, those, could you tell me what you recall 
edaout those hearings, what was their purpose, and what 
were they?

A We didn't participate in the hearing, hearings.
Q You were invited though, is that correct?
A I think Director Holloman was. I don't believe I 
was ever invited. I believe he was invited.

All I know about them is what the news media carried, 
and I can remember very little about that.
Q But they were, they did conduct hearings over in 
the county courtroom?
A
Q
A
Q
A

Right; that is correct. 
And on several days? 
Right.
And -- (interrupted)

\Well, it seems to me it was over a period of weeks



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198

one day a week.
Q One day a week for three or four weeks?
A Something of that nature, right.
Q And these hearings did get, they did get witnesses 
put witnesses on, and did get publicity in the Memphis 
newspapers?
A Right, they did,

Q And the rules of the hearing, or the general 
pattern of the hearing was, had to do with people who 
came and testified about incidents involving the Memphis 
Police Department?

MR. SHEA: If Your Honor please, I realize he
has the right to lead the witness, but I think he 
is testifying for the witness.

THE COURT: Mr. Shea, as I stated earlier in
this hearing, that the Court is not taking as proof 
or evidence the statements of counsel, which in­
cludes the form of questions asked.

i'm taking my proof and evidence from the wit'̂  
nesses and from material and relevant matters sub­
mitted in the form of exhibits.

So you may proceed.
BY MR. CALDWELL;
Q A general pattern of those hearings had to do with

'-iiP:̂ ..-t

individuals who went ^^^^e the committee hearing, and



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in the county court building, and testified about inci­

dents that they had, that they thought had occurred and 

made claims of police brutality against the Memphis 

Police Department?

A That is correct, as well as some people that they 

designated as experts also testified.

Q Some experts?

A From out of the city.

Q That also involved in that hearing, was had, had to 

do with bond-setting practices, I think, I don't know 

if you recall that or not?

A I believe, I believe so. I believe that is correc

Q The Presidential Commission report has a long chap-^

ter on, on police relations with juveniles, and if I 

could read just one summary paragraph and let me see 

what you think of this.

On page 104, the paragraph beginning:

"Chapter three has discussed at some 

length the intimate street relationships 

between policemen and juveniles. Becausejuve-*- 

niles frequent the streets so much, because 

they are usually in groups, because they are 

sensitive to real or imagined slights, and 

because the line between natural and relativejLy 

harmless conduct and threatening or injurious
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behavior is often hard to draw, the police 

must exercise great discretion in dealing witt 

them. Clear police policies about ways of 

handling various juvenile situations would be 

of great help to policemen on the street.

There is a trend toward articulating policy 

about this part of police work."

Now, is the essence of that summary, is that the 

area of police relations with juveniles is mors sensiti\ 

and somewhat different than dealing with adults. Does 

that accord with your professional judgment and experi­

ence?

A I suppose that the juveniles are in a more fornati%’ 

stage and their relationship with them might have more 

impression than they would adults, on the part of the 

police officer.

Q When you -- well, juveniles, you take them to juve-̂  

nile court when you arrest them?

A Right.

Q Unless they were very serious crimes or something.

Now, let me ask you another question about these 

two reports.

The Task Force Report and the Crime in a Free 

Society Report, both of these reports make recommenda­

tions on firearms use by police.
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Were you aware of those at the time that you were 

Chief of police?
A These were 1967 publications/ I'm sure I had a copy 

of them, because I have a copy now. I can't recall the 

exact date I got them, but I'm sure that, that I got a 

copy at some point.

Q The Crime in a Free Society Report, at page 119, 

has this statement in there and this recommendation:

"In most cities police officers receive 

too little guidance as to when firearms may 

be drawn and used. Recruit and inservice 

, training should keep officers continualy alert

to the legal and moral aspects of the use of 

firearms.
- "The Commission recommends;

"A comprehensive regulation should be 

formulated by every chief administrator to 

reflect the basic policy that firearms may be 

used only when the officer believes his life 

or the life of another is in imminent danger, 

or when other reasonable means of apprehensio:[i 

have failed to prevent the escape of a felony 

• suspect whom the officer believes presents a 

serious danger to others."

Now, did you either, in nineteen -- while you were

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chief of police/ or now, until through now, have any 

problems with that recommendation, problems from a pro­

fessional standpoint?

A Well, obviously, I did. My policy was formulated 

on the basis of the statute, and the Court's decisions 

that deal with this particular aspect. This is an 

advisory commission. Very little of this, as a practical 

matter, has been adopted or implemented in any police 

agency, to my knowledge, around the country. It has a 

whole list of these, but I certainly would not think it 

would be my prerogative to adopt a policy contrary to 

the state statute and the decision of the courts.

Q All right, sir.

Do you have any, would you have any concern if such 

a policy were implemented in Memphis from a professicna 

standpoint, regardless of the reason why you didn't 

adopt such a policy, what is wrong with it?

A A policy like that, I would be opposed to the adop 

tion of the policy of this nature, primarily, it is 

extremely ambiguous.

How do you expect a police officer to determine 

the fleeing felon, the extent of his threat is beyond 

anybody's wildest imagination. I think that is highly 

ambiguous and I would still favor following the state 

statute and the interpretation of the Court's that nave
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in. regard to this.
Q But you recognize that the state statute is not 

being fully implemented in Memphis/ or in other cities 

in Tennessee?
MR. SHEA: If Your Honor please, I'm sorry to

interrupt, but this is the same thing that. Your 

Honor, he used on Director Hubbard's with, of Chiei 

Lux's policy today, and this is, all of this stuft 

that has nothing to do with that went on on 

January the 8th, 1972
THE COURT: Well, the Court is going to over­

rule your objection in the questioning of this wit" 

ness who had some responsibility, based upon his 

own testimony immediately before, at least, the 

time that, that this particular matter that we are 

concerned with occurred.
Director Hubbard did not even come upon the 

scene, according to his testimony, for some time 

after the occurrence. So for that reason, I will 

overrule your objection as to the questioning of 

this witness, who was in a policy^ position with 

the defendant with regard to policies that were 

purportedly in existence immediately before the 

controversy arose here.
I'll overrule your objection.

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MS. SHEA: But not his attitude today about

what he would do as far —  (interrupted)

THE COURT: That is, I would, my ruling would

be the same as I made in the case of Hubbard about 

what his present attitude may be, but counsel may, 

of course, question him with regard to what the 

policy and attitude was at the relevant time.

You may proceed.

MR. CALD;^ELL : Thank you .

Q As I recall your objection to policy is directed 

toward vagueness?

A Well, I say it was ambiguous.

Q All right, sir.
A And that one part, part, and of course, I enlarged 

on that by saying that I didn't feel that I had the 

right to adopt a policy contrary to an amended state 

law, and court decisions in tiiis area.

Q The Task Force Report recommends, at page 189:
"Deadly force should be restricted to the 

apprehension of perpetrators who, in the coursie 

of their crime threatened the use of deadly 

force, or if the officer believes there is a 

substantial risk that the person whose arrest 

is sought will cause death or serious bodily 

harm if his apgi^h^^nsion is delayed. The use

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of firearms should be flatly prohibited in the 
apprehension of misdemeanants, since the value 
of human life far outweighs the gravity of a 
misdemeanor."

Is that right?
A I, of coxirse, well, there is no question in the 
world, to them, Mr. Caldwell, and the Court has held 
this in Tennessee, in view of the statute that we have, 
but once again, to me, it is ambiguous tc place the 
responsibility on an officer of making all of these 
determinations in a matter of ten or fifteen seconds, 
process that he has to make a determination prior to the; 
time, to that, in his opinion he has exhausted all othei’ 
means of apprehension, of apprehending the subject, and 
he results to what might be or potentially be fatal 
force.

Q But, don’t you think the officer is entitled to 
detail guidelines?
A Well, to me the statute and the court decisions are 
the detailed guidelines, as they are in, in all police 
practices. I do not, I can't imagine that you'd adopt 
a policy contrary to state laws, and courts decisions.
Q Well, I mean there is the general presumption that 
every person knows the law, but you don't have many 
police officers in Memphis who are lawyers, but I mean

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you may have some, but a very small percentage and they 

are not, they are not trained to keep up with court dec 

sions, and interpret court decisions, or anticipate 

court decisions?

A Well, we issue a training bulletin which you are 

in possession of, ^ a t  says identically what we, I'm 

saying. This was the instructions that we gave to the 

officer and certainly they receive training and raquisi-^a 

training, and inservice training in regard to the use 

of their weapons, as well as mechanically how to operate. 

Q I'm going to get, to get the policy in a minute.

A I didn't think it required a lawyer to understand

the law, necessarily.

Q All right, sir.

So that I can understand your objection to this 

policy, which, or to either of these policies, which 

essentially prohibits the use of deadly force except in 

self-defense, defense of others, or where there is a 

reasonable likelihood that someone else's life is in 

danger, what is your objection from a law enforcement 

standpoint to this policy now?

Now, I'm not trying to, I mean, I understand your 

reason about the state statute, and everything, but just 

putting that aside for the moment, if you will, and tell

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A I think the proper place for this policy to be 

handled would be in the state legislature. It would be 

a particular bill for then to pass a state statute, and 

to redress the laws, the use of it, and I don't think as 

as a branch, branch of the governiuent, I would have the 

prerogative of getting into it, into the other jurisdic­

tion, judicial, and all, all of this on the particular 
natter.

Q Chief, I understand your position.
A Right.

Q Just assume, assume with me for a moment, that you 

did have a prerogative, you did have a prerogative, 

would you have a special objection from such a policy, 

from the, from the standpoint that it is a policy that 

would be acknowledged that bad, and if you did -- 

(interrupted)

A Let's see if I am understanding.

Did you, are you asking me to, for ray professional, 

professionally, or moral objection to a policy of the 

police officers being allowed, allowed to use potentially 

lethal force in preventing the escape of a felon, 

fleeing felon? Is that what you are asking?

Q I'm trying to ask you, let me repeat it, let's try 

to rephrase these recommendations, recommendations from

preventing danger and harm?
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A Okay.
Q Essentially an officer would not use lethal force 
except in defense of himself or defense of hostility, 
someone else, whether it is an likelihood, or reasonabli 
^i^®iikood that the fleeing felon will put someone else 
life in danger. In other words, it would not permit a 
simple fleeing burglar, who is known to be unarmed, and 
all of this sort?
A Well, to give the exact -- (interrupted)
Q Do you have' an unlaw enforcement objection to this 
difference in that policy, to give a direct —  (inter­
rupted)
A I would be opposed to adopting that policy.
Q All right, sir.

Would you, could you elaborate on that?
A Well, as I stated before, it is, it is so ambiguoui, 
it is asking a great deal of a police officer to make 
this kind of decision in the few seconds that he has to 
make the-n, and logically, and reasonably, I think if 
criminals were given notice that they would not, not be 
stopped with all the forces necessary to stop them, tha: 
you would probably have a great many people running, and 
I think it would have some bearing on your ability to 
protect society, even though there is no imperical 
research available to show either one way or th^-othhc,

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but in my opinion, logically, and reasonably, I think 

it would have a bearing on it, yes, sir.

Q But you say "imperically" you couldn't demonstrate 

that?

A There is no research, to my knowledge, that has 

been directed specifically toward this.

It is the same argument that you have in capital 

punishment. I am not aware of any research and in 

talking to researchers, they have a difficult time trying 

to put something together to show it. It is too nebulous 

on the part of the experts that you have, that I have 

talked to.

Q So you essentially agree with Director Hubbard -- 

I know you didn't hear his testimony -- that the policy 

does have a deterrent affect on crime?

A I think logically and reasonably, but one opinion, 

there is notimperical, or research that I'm aware of 

that cibsolutely shows.

Q You don't know with absolute certainty, for example 

whether any person who is about to commit a crime stopped 

and thinks if, well, if I do commit this crime and don't 

get away, and the police arrives before I get away, they 

are authorized to shoot me. Therefore, I won't commit 

that, this crime, I mean there is no -- 

A There is no research that I'm aware of that has

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"The vast majority of persons will submit 

to an arrest, however, some will not. Against 

those that resist, the law gives an officer ths 

power, and he is equipped with the devices to 

effect the arrest and restrain them.

"The law, however, does not expect nor 

will it tolerate the abuse of its powers or 

the use of devices beyond that which is rea­

sonable to ef'fect; an arrest.

"The law gives an officer the right to 

use force or devices dangerous to human life, 

only in self-defense or the arrest of a felon. 

Never in misdemeanors, and the taking of life 

is justified only in cases of extreme necessit^y. " 

Q All right, sir.

Thank you. Chief.

Now, the next reference v/hich, which is made to, to 

the use of deadly force, which we have come across or 

which has been produced, is a document which I have 

marked as Exhibit 13, and it is a departmental communi­

cation to all commanding officers, to, from you, and 

the subject is; "Warning shots."

A Ri gh t.

Q And the purpose of the memorandum was to eliminate 

the use of warning shots?

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1 A That is right. It has nothing to do with the use

2 of lethal force, but in that document, it does —

3 (interrupted)

4 Q Would you read the second paragraph?

5 A (Reading):

6 "Section four dash one one three of the

7 Manual of Rules and Regulations states;

8 "'No member of the department shall inte4~

9 tionally fire any weapon except as authorised

10 by law.' Generally in firing of a weapon

11 constitutes the use of deadly force. Deadly

12 force should be used only when necessary to

13 effect the arrest of a felon, prevent the

14 commission of a felony or when necessary in

15 self-defense."

16 Q And, and the rest is dealing with warning shots?
17 A Right.

18 Q Prior to that time, had warning shots been per-
19 missible?

20 A There was no- particular policy on it.

21 Q It was left up to any individual officer's decision,
22 it is his decision?

23 A Right.

34 Q But at this time, at least, he, as result of -that 

25 memorandum, they were not permitted?

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Q Is that because they believe it was more dangerous 

to society?

A Well, members of the scientific or weapon research 

department, the research department that I had, at that 

point, at that time, I went back and talked to the 

research department, and talked to a great many officeri, 

also did some research around the country, to try to 

make a determination where, whether or not a warning 

'shot had any effect on the individual, and they ccime to 

the determination that it did not. So if it had no 

effect on the individual, the only effect that it can 

have would be a bullet hitting someone or damaging some 

property, so there was really no justification of firim^

a warning shot. That was the conclusion.
/

Q Le-t me relate that, if I may, to the proposition 

of the existence of the deadly force policy has a deter 

rent affect on crime. If firing a warning shot does no 

bring home to, to a fleeing felon the imminent peril of 

being shot, and deter him from continuing his escape, 

does that not seem, in your judgment, to undermine the 

assumption that the deadly force policy does deter crimb 

in those who just have knowledge of the policy?

A Not at all. The thing that I don't like about the 

policy that you are talking about, the reason behind it

A They were not permitted, correct.

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is that you would be making an announcement to all of 

the criminals that the police would no longer use this 

kind of force, and it would be an open invitation to 

run, and it would seem to me that you would have, need 

a great many track stars as police officers to apprehend 

people, because if you announce to me, as a criminal, 

that you are not going to use, to use the necessary 

force to make me stop, then I'm going to run, taking a 

chance on not getting caught, on getting away. And why 

shouldn't I. That is the thing that disturbs me, and 

logically, I think would have some effect on it.

Q All right, sir.
Now, you understand the policy which I talked about 

there, didn't tell the criminal community that they 

could run in all circumstances, and in all crimes, it 

was only those who don't, don't, don't get involved in 

a paramount, if, indeed, it is a paramount crime, tnat 

deadly force would not be permissible against property 

crimes, or some fleeing persons in that category, would 

not have anything to do with armed individuals who pose 

a real threat to bodily injure or to bodily safety, I 

should say?
A I think it would have, in my opinion, I think it 

would have an effect on property crimes.

Q All right, all right, sir.  ̂ .

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1 Even though a warning shot has no effect on a

2 fleeing felon?

3 A That was the conclusion we reached.

4 Well, I'll not say just fleeing felons, warning

5 shots have been fired in cases of laisdemeanors also.

6 Now, let's look into a warning shot. Most of them

7 were merely fired, shooting into the ground, where you

8 stood.

9 Q All right, sir.

10 A But the idea was, I think the idea was that hope-

11 fully they would stop, but the result we found was not

12 such, and so there was no reason to continue.

13 Q Was that based on research in Memphis or around

14 the country as a whole?

15 A In Memphis and around the country too.

16 Q All right, sir.

17 And most, have most urban police departments adopted

18 this policy, to your knowledge, or have you kept up with

19 it?

20 A Well, I think there are some, some books tell you

21 there are forty thousand policy agencies in the country

22 and when you say most police agencies, it sums it up to

23 say a great many of them certainly have adopted the

24 policy of no warning fleeing shot.

25 ' Q Chief, that memorandum I just gave you was dated
*  • -• ♦. .s

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that respect is not misplaced. The future of 

this community depends upon it.

"We know that we can count on every meEibe}r 

of the Memphis Police Department to discharge 

his duties fairly but firmly without regard to 

race, creed, or economic status, and without 

fear or favor. Crime and lawlessness i.n 

Memphis will be reduced as we all continue to 

diligently discharge our duties despite the 

efforts of some to harrass us and reduce our 

effectiveness."

Q All right, sir.

Now, with the exception of the, of the other policy 

statement which you think was issued, and which we have 

been unable to locate, that is the policy that was in 

effect throughout your tenure through that day forward, 

until you retired, is that correct?

A That is correct.

Q In the deposition we talked about the widespread 

belief, and to some extent statements by particular 

officers that they are trained to shoot to kill when 

they are authorized to shoot, or when they deem it 

necessary under the policy to shoot, they shoot to kill, 

and you disagreed very strongly with that kind of atti­

tude in the deposition. I wonder if you could be, I

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wonder if you could elaborate on that?

A w'ell, I think this policy has reflected, reflects 

that to soae extent it has always been my understanding 

in this area that an officer has the right to use only 

that force which is necessary to effect an arrest; that 

he must exhaust all other reasonable means of effecting 

the arrest or preventing the escape prior to the use of 

potentially fatal force, and that vgenerally is, has been 

my understanding and my belief, and the intent of my 

policy. never has, am I aware of, a police officer 

being instructed to kill someone. This, to me, when you 

propound this question to me in this manner, the inferen 

is that the officer is going to execute somebody. I 

don't think the law gives him this right at all. A grea 

many people that lethal force is used on is not lethal, 

they don't die. Sc I cannot accept that statement in 

that terminology or frame of weapon, or -- (interrupted) 

Q I think you were in the courtroom yesterday after­

noon when Patrolman Richards testified substantially to 

the effect that he thought it v/as his understanding that 

when he fired he shot to kill, and that killing the sus­

pect that he was shooting at was the object, objective.

A I didn't, I don't, think I heard that testimony. I 

think I heard it from a deposition, he might have testi­

fied. I wasn't in here during his entire testimony
■'/U.;. .iJ

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Q Allricjht, sir.

Just a ninute.

Do you think you read that in the deposition, is 
that right?

A Or words to that effect.

Q Mr. Arnold says that may have been v/here that cane 
from.

A I don't agree with, that statanent. I'm not aware 

of any instructions that any officer has bean given to 

execute anybody.

Q So that, and that attitude like that, would not be 

consistent v;ith what you thought you were training 

police officers to do?

A Well, I think it is obvious, when you read this 

policy, that it is not.

Q Is such an attitude, does such an attitude under­

mine your policy of police officers widely hold up that 
attitude?

A ?Jell, if it is, if it exists, presumably it would. 

I cannot vouch for its existence. I don't believe this 

was, there was any widespread attitude of that sort . 

thing. It is a semantical problem that we are probably 
working with here.

i
Q Well, it is, I understood it to be an attitudinal

problem. You disagree with anybody that had that
j .-i.„

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1 attitude, thinking it was a part of the training?

A Very definitely do disagree with any who, anyone 

who has that attitude, certainly.

Q Again, during the deposition we discussed another 

subject, sort of intangible phenomena, there was a peer 

group, and you indicated that, that is an, or your 

opinion, experience, indicated there was a certain group 

of officers of the peer croup, among the force, which 

professionally ostracized a police officer if, if he 

didn't use the deadly weapon force, indeed, deadly force 

in which may have otherwise -- You remember that?

A (Nods head in the affirmative.)

Q And you discussed soma of the steps you took in 

hopes of changing that attitude or in overcoming this.

A It, the attitude existed at, when, it did when I 

was there in this area, to, to the effect that police 

officers would ostracize another police officer if undei’ 

the prescribed situation of preventing the escape of a 

fleeing felon he didn’t resort to the use of sufficient 

force to stop him, yes, sir.

Q And did you take steps while you were chief to 

overcome this? Did you consider that policy there, for 

example, to be one of those same steps?

A I let it be known by word of mouth that no one 

would ever be criticized by making the decision not to

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fire. This was his decision that he was faced with. He 

was the only man, in my opinion, that could make that 

opinion, because he is there on that spot at that time, 

and this instant, and if he resolved in favor of not 

firing, he would not be criticized.

Now, just how widespread it would go —  (interrupted) 

Q Well, didn't necessarily, I mean, that you elimi- 

ated the-peer group pressure?

A Of course, I don't know, but I, I don't know how 

widespread it was, but I let it be known at the top 

that was my policy, but I think really, let me put that 

in perspective, by simply saying this, in my mind, my 

opinion, an officer is faced almost daily with the same 

situation. He either observes, or has knowledge of, is 

either brought to his attention, that he has to analyze 

and represent this in terms of the law, and in making a 

decision, and he has to do the same thing in regard to 

use of force to prevent the escape of a fleeing felon.

He first has to determine if he can be apprehended 

another way, but after he makes that determination, he 

has to make the determination whether or not he is goinc 

to use fatal force, and it is my feeling that an officei, 

he is the only one there, and regardless of what kind 

of guidelines you get, or how many rules and regulations

you write, unless you say you can't shoot exceot in'; 'O/' ; i •;

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self-defense, then you know, period, then that is very 

clear, but as long as you leave it on his shoulders, he 

is the man that has to make that determination. He has 

to translate that human behavior in terms of law and 

decide the felony committed, and how much force he can 

use to lawfully prevent the escape of that felon, and 

this, of course, is for him to decide, and I don't thinJ; 

a great many Memphians consider the standards, the dete:f- 

minations that the people-officers have to make.

Q Chief, let me return a moment, if I can, to the 

relationship between the police officer and the black 

community, and we discussed evidence of disparity and 

attitude within the black-white community, and vis-a-vi^, 

the Memphis Police Department, that is, the blacks, 

black community, has leveled charges of misconduct and 

what-have-you at the department over the years, whether 

or not it is justified, there has been a history of 

racial discrimination in the city, and we have a history’ 

of which reflects, for example, that.at one time black 

persons were arrested for trying to use the public 

library; am I correct about that?

A That is correct.

Q And golf course and art gallery?

A That is correct.

Q And parks, and the transit authority, those things
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those kind of things?

A This was enforcing laws that were on the books at 

that tine.

Q I understand, but those laws are on, if you will, 

on the books, discriminatory against black people, not 

legally, but maybe they did make distinctions?

A I ’m sorry, well, that is your interpretation that 

it was discriminative. I think, obviously it was, but 

it was a city ordinance that was being enforced at this 

time, particular time.

Q All right, sir.

We have had other, I mean, growing out of these 

incidents, which I guess you would relate to what is 

commonly known as "Civil Rights Movement" in the late 

fifties and early sixties, that is the attitude that has 

grown out of the, the attitude that we discussed earlierj, 

has grown out of, out of this period of time, that is, 

the black communities' resentment to the police depart­

ment, and does look on them with great fear of, fear or 

mistrust, or not, not as acceptable as it is in the 

white community, and some of the things we have had, we 

had Elton Hayes killed in 1971, and you were still chief 

then.

MR. SHEA: Your Honor, I don't think, again,

what is the relevancy of the Elton Hayes case in
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this matter?
THE COURT; Well/ we have had a very long 

question that has been asked, and I would feel that 

the, any question pertaining to a specific incident 

or episode ought to be separated and apart from any 

general attitude that may be asked about.

I*m not sustaining your objection to the 

asking of any question, it just seems to the Court 

that, at the time your objection was made that we 

had a very long question per'taining to, generally, 

to attitude and what counsel was saying, why, why 

the attitude might be there, and so forth and so 

on, and I will just suggest that the question be 

rephrased.

MR. CALDWELL; All right, sir.

I will rephrase the question.

THE COURT; All right, sir.

BY MR. CALDWELL;

Q Chief, I was driving at, at events which had 

occurred, which had either caused the relationship 

between the police and the black community to be what 

it is, or which, which evidence that it is, what it is, 

and we have talked about the early, days of the Civil 

Rights Movement, where blacks were arrested for the 

library, and what-have-you, and I was, and another event
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which has at least evidenced a great deal of distrust 

among the black conuaunity/ and the police department, 

was the Elton liayes killing in early 1971, lata 1971; am 

I correct that the black community did engage in a serie 

of protest activities following that particular death of 

a seventeen year old black youth?

A Well, of course, you are asking me to make a judg­

ment as to how something, some circumstances affected 

the attitude of people?
Q I'm sorry. Let me make it different. Let me strik 

what I have said.
In October, October 15, 1971, a young man named 

Elton Kayes, who was seventeen years old, was killed in 

circumstances in which, which the police department was 

accused of being responsible for it, or members of the 

police department, and the sheriff's department, is that 

correct?

A That is correct.
Q And, and following that incident there was a great 

deal of protest activities in the black community 

directed against the Memphis Police Department?

MR. SHEA: If Your Honor please, I am going to

object.

What materiality or relevancy can this be of
jany incident that took place in 1971, when_-.^. ̂ E.ltcjn

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Hayes died, and the occurrence that took place on 

January the 8th, 19727 There are two completely 

unrelated incidents, and has absolutely no bearing 

on this case, and no relevance whatsoever.

THE COURT; The Court will make the same rulir 

on, we did on the previous commission (objection), 

and other matters, that were earlier objected to. 

We'll overrule the objection for purposes of the 

question being asked, and the response, if any, 

given.

By overruling your objection, we don't indicatie 

that the Court attributes any particular materiality, 

or that we do not attribute any materiality or 

relevancy to what may have occurred in another 

instance, and in another episode of, in October of 

'71.

You may proceed.

BY MR. CALDWELL:

Q Do you recall the question?

A The question —  (pause)

Q In regard to there was a great deal of protest?

A Yes, sir, there was an instance, I mean, yes, sir,

there were numerous incidents of blacks throwing fire­

bombs, firebombing several businesses, looted, well, 

numerous businesses, places here.

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Q There were more, also more civil right activities,

things like that, the black members coming in, citizens, 

to come to the leaders, coming to the police department, 

and city council, and protesting; right, were there not?

A Right.

Q This was roughly a year or year and a half after

the NAACP ad-hoc committee meetings which we discussed 

earlier, in which allegations were made?

A That is about right.

Q . Now, what I would like to, what I would like to

ask you, based on this clear evidence of mistrust in 

the black community, on the part of the police department, 

or vis-a-vis police department, and speaking of young, 

young blacks in particular, is there not, using the same 

kind of assumption we have been trying to make, would it 

not be valid to assume that a black youth would be con­

siderably less likely than a white youth to obey a poliqe 

officer's command to halt?

A I don't see how I can answer that question. I reall 

don't, I don't have any data that I'm aware of that 

would tend to indicate either one way or the other. I'm 

just not —  (interrupted)

Q Chief, I understand that.

A I can't actually, factually answer that.

Q You don't have any data which indicates that,n n T .-jX- --I

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JOHN A. COLETTA,

the said witness, havin.g been first duly sworn,

testified as follows:

DIRECT EXAMINATION 
BY MR. ARNOLD:

Q State your name and occupation, please, sir?

A John Coletta, police captain.

Q And what is your job with the Memphis Police 

Department?

A Primarily I'm assigned the range officer, in charge 

of -ordnance section.

Q When a shooting occurs, do you have some responsi­

bility at this point to make some type of investigation? 

A Yes, sir, we, we require a report to be submitted 

and it is my responsibility to see that, that the facts 

of the case are gathered so as to present to the super­

visor of the firearms review board.

Q When did you start doing that?

A The firearms review board was inaugurated in March 

of last year, I believe.

Q And you started then in March collecting this data 

or collecting this data on each shooting incident, is 
that correct?

A For the firearms review board, prior to that time.

Q Had you? ^ Oii 1 >
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A Prior to that time.

Q All right, sir.
A Prior to that tine I collected similar data for 

similar purpose, to evaluate what performance in the 

field was, and how it applied to the training, and what 

methods and techniques could be employed in training to 

better prepare an officer for his function in the field.

Q And how long have you been collecting data, how 

long have you been collecting data for that information?

A Some time, several years prior to that, however, it 

wasn't always complete, because of our primary function 

of training, we may not could get the necessary data 

together on every case.
Q In that connection, have you had the job in connec­

tion with this lawsuit of preparing data that has been 

requested by us concerning shooting incidences, connected 

with police officers?

A Yes, sir, I have.

Q I want to show you some exhibits.

(Whereupon, said instruments are being 

passed to the witness.)

MR. SHEA: If Your Honor please, I am going to

object to the introduction of this work compiled b̂ j
I

the captain. Captain Coletta, in that it has refer-j
i

ence to shootings, shooting incidents that took

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1 "Officer Richards complied with depart-

2 mental procedure in filling out a firearms use

3 report/ and in writing a letter concerning the

4 incidents surrounding that case."

5 I stated that:

6 "The subject was not interviewed, as the

7 letter was self-explanatory and the informatidn

8 extracted from the firearms use report indi-

9 cated that this incident was unavoidable."

10 If I may identify it for the record, this is marked

11 at this time. Exhibit 5(b).

12 THE COURT: Five (b) as in Baker?

13 THE WITNESS: B, as in Baker, yes, sir.

14 BY MR. ARNOLD:

15 Q Captain, further that says:
16 "With respect to interrogatory number

17 five of plaintiff's second interrogatories and

18 requests for production. Captain Coletta states

19 that said interrogatory has been complied with

20 to the extent possible, in that all cases which

21 resulted in death of suspects at the hands of

22 police officers are herein recorded as extracted

23 from homicide files.

24 "In addition, a summary of all letters

25 and firearms use reports have been submitted
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to the firing range since July, 1971, when 

this policy was initiated, is enclosed.

"Finally, he states that for further 

information of incidents, it has been deter­

mined that no feasible means can be instituted 

other than exhaustive hours of file searching 

to include material prior to that date."

Is that correct?

That is correct.

Q And you have filed such an affidavit?

A It is correct.

MR. ARNOLD; Now, I would like to address my­

self again to the Court's prior ruling.

THE COURT: All right, sir.

MR. ARNOLD; Specifically, in light of the 

affidavit by Captain Coletta, the purpose of our 

inquiry here was to support the allegations which 

we believe that we can prove about a racially dis­

criminatory administration of the deadly force 

policy.

The reason that we would urge the Court that 

incidents after the date of January the 8th, 1972, 

are relevant, are for the gathering of a, of data 

with sufficient number of incidents to have some

statistical importance.
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Again, based on that, we would urge and move 

that these exhibits be admitted into evidence.

THE COURT: Well, Mr. Shea, do you wish to be

heard?

MR. SHEA: Your Honor, if it please Your Honor],

I mean, we object for:'the same reasons I stated 

earlier. There can be no relevancy to anything 

that happened, happened after January the 3th, 1972

THE COURT; Well, the Court will admit into 

evidence all of the data and- information that has 

been submitted through 1972, noting the objection 

to anything after January the 8th, 1972, made by 

the attorney for the defendants.

The data as to any period after 1972, will be 

identified, and it will be a part of the record for 

identification purposes.

The Court, at this time, subject to any furthejr 

consideration or reconsideration, would rule that 

anything after 1972 would not seem pertinent or 

material, or relevant to the inquiry pertaining to 

what took place in January, of 1972, and what the 

then policy practices and procedures were, and for 

statistical purposes, or otherv/ise, what may have 

occurred thereafter does not seem, to the Court to 

have any sufficient relevance to be admissible for
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purposes of the Court's consideration of the issues 

here; but certainly, the plaintiff should have the 

opportunity to have those matters in the record and 

have an opportunity to present the plaintiff's 

viewpoint pertaining to, to these matters, but the 

Court is unpersuaded at this time that we should 

consider anything after 1972, and doubtful that we 

should consider anything after January, of 1972.

(Whereupon, the said heretofore mentioned 

exhibits, having been previously marked for 

identification only, pursuant to the Court's 

ruling, 18(a), 19(a), to such portions that 

come under said ruling, are admitted into 

. - evidence, and the remainder of said exhibits 

are in identification status only.)

MR. ARNOLD: That is all I have of Captain

Coletta.

THE COURT: Any examination of this witness?

MR. SHEA: Excuse me, if ..Your Honor please,

it is my understanding that Captain Coletta is being 

offered at this time to lay a predicate for some 

other witness that they intend to introduce, and 

it is my understanding that is an accommodation, 

subject to the approval of the Court, that will be 

done, and then we'll put Chief Lux back.on.the

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CHARLES T. KENNY,

the said witness/ having been first duly sworn/

testified as follows:

DIRECT EXAMINATION 
BY MR. CALDWELL:

Q Would you state your name, please?

A Charles T. Kenny.

Q And what is your present occupation?

A I am psychologist.

Q And are you in private practice?

A Yes/ sir/ that is right.

I'm president of Criterion Development Associates, 

Inc./ a consulting firm in Memphis, Tennessee, in White 
Towers.

And what is the name again?

Criterion Development Associates.

Are you a native of Memphis, Tennessee?
Ho, I'm not.

How long have you been in Memphis?

Seven years.

Could you, could you briefly run through your edu­

cational background, please?
A Yes, sir.

I received my bachelor degree from, and cum laude, 

from the University of Notre Dame, in 1973, and then

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went to graduate school in Clark University at 

Worchester, Masschusetts, received my master's degree in 

psychology in 1966, and my PhD in psychology in 1969»

Q What particular area of the field of psychology 

have you concentrated, or area have you concentrated, 

both your academic studies, and your professional work 

in? ^

A Social maturity psychology and statistical analyses 

Q And in, with regard to the social psychology area, 

have you engaged in research, and are you well-studied 

in the area of attitudinal problems and anxiety, and 

that sort of thing?

A Yes, sir.

I have conducted a number of investigations and 

studies in the area of the attitudes and attitude changes, 

and, for tl̂ e past three or four years now, I, along with 

my colleague at Memphis State, Dr. Mack Lupfer, have 

studies, investigated areas of the political socializa­

tion.

We have an ongoing research project in this area, 

and what it involved, involves in the investigation of 

the perception and knowledge that children have of their 

government political institutions, and politics, and 

this kind of thing.

Q Have you engaged in research work and s.-tudies

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1 involving racial division or racial effects of various

2 attitudinal situations?

3 A Yes, sir, I have.

4 One of the major variables that we are interested

5 in in this project is the race variable.

6 We have 3ooked at differences between white and

7 black children, as well as age difference and sex dif-

8 ference, and social economic differences.

9 I might add at the present time we focus primarily

10 on comparisons between our samples that we looked at

11 prior to the Watergate incident, and that subject that

12 we interviewed after the Watergate incident.

13 We have not yet analyzed the race differences.

14 MR. CALDWELL: If Your Honor please, if I may

15 mark this document as the next exhibit.

16 THE COURT: It may be marked for identification,

17 THE CLERK: Number 41 for identification. |
!

18 (Whereupon, the said instrument was

19 accordingly narked Exhibit Number 41 for

20 identification only.)

21 BY MR. CALDWELL:

22 Q Mr. Shea has asked me to ask you a question about

23 whether or not your field is in behavioral attitudes of

24 children or is it in, encompassing a broad range of age^

25 ages?
- M U  * ̂

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A It would encompass a broad range of ages that the 

particular research project v/e are currently involved ir. 

involves children from the third grade to the eleventh 

grade, but I have also conducted attitudinal research 

with adults, as well.

Q Let me show you a document I have had marked as 

Exhibit 41, which purports to be a, your vita, your vit«.

Does that contain more of a complete list of your 

education and professional experiences?

A Yes, sir, this is.
»

14R. CALDWELL: Your Honor, rather than go

through this by item by item, I would just tender 

it into evidence, if I may.

THE COURT; Is there any objection to the 

introduction of the item?

MR. SHEA; Mo, Your Honor.

THE COURT; Let Exhibit 41 be introduced.

(Whereupon, the said exhibit previously 

marked Number 41 for identification, was 

received in evidence.)

BY MR. CALDWELL;

Q In your, in your field, has there been research 
done which would reflect the attitude of racial segments

of the population toward the government in general and 

toward police agencies in particular?
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A Yes, sir, there has. There's a number of sub­

studies that went at these questions.

Q We have discussed earlier today in this case 

Presidential Commission reports which contain a policy, 

reflects that black persons tend to have more negative 

attitude toward police agencies than do white members 

of the white community.

We have also discussed the study prepared in Memphis 

which reflected a similar phenomena, that is, blacks 

tend, more than whites do, to think that the police are 

brutal or.unfair, or to generally perceive the police as 

hostile, more so than do the whites.

Is that supported by the research that has been don 

in the field?

A Yea, sir, it does.

Q Is there an age, does age have any bearing at all?

A Yes, sir, generally.

What the, the evidence points toward is that black 

and white children start out in the early grades, third 

grade, and fifth grade, tending to idealize their govern 

ment in a political institution in their country, and 

sometimes around early and mid-adolescence, they tend 

to be a decrease in this idealization for both black and 

white children.

Concurrently with this, there is a general, generali! . ̂ i -i!j / *■> * V •



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general interpretation of the findings in the field that 

both black and white children becone attached in general 

to their conntry, their government, and political insti­

tutions, and there are no substantial differences pre­

sented in the black and white children in this attach­

ment process.

However, as black and white children become older 

■and reach adolescence, their ideologies change, and, and 

turn toward, toward the political government, and they 

seen to increase in their areas, rather than, rather, 

you get that racial difference and probably in areas 

t/he-re the racial differences are larger, it is in the 

area of attitude and perception of feeling about police.

Black children, we are talking about adolescence, 

black adolescents now, black adolescents tend to mis­

trust the police. They tend to be afraid of them more 

so than white children, white adolescents, and these 

differences are not just statistical significance, they 

are quite obvious in large differences.

One study, for example -- (interrupted)

MR. SHEA: If Your Honor please, I am going

to object to this entire inquiry.

Now, I don’t know where there is any material! 

as to what happened to Fred Lee Berry on the night

of January the 8th, 1972, that whatever he has-, to .l,? t/ j -!'v
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say night very well be interesting to listen to/ 

but has nothing at all to do with this lawsuit.

He doesn't know whether Fred Lee Berry had 

any hangup, he doesn't know Fred Lee Berry. There 

is no showing that anything that he says had, has 

anything to do with what happened that night.

THE COURT; Noting the objection which the 

Court will treat as a continuing objection to the 

line of inquiry pertaining to any generalization 

or, made by the witness with regard to what general 

attitudes may be in contradistinctions to what that 

of Mr. Berry, as a particular individual, noting 

that objection, and without, at this time, making 

any ruling thereon, we'll overrule the objection 

to this line of inquiry made by counsel to the wit­

ness.

MR. CALDWELL: Your Honor, I should have at

an earlier point tendered Dr. Kenny as an expert, 

and I do at this time tender him as an expert wit­

ness, social-psychology and statistics.

THE COURT.: May I see the vita, please.

(Whereupon, Exhibit 41 is passed to the

Court.)

THE COURT All right, sir, noting the objec-|

tion to, to the testimony of the witness, the Cour"
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will permit the testimony and will permit, again, 

without ruling on the objections that have been 

made, permit the inquiry in the areas that have 

been indicated.

BY MR. CALDWELL;

Q We were speaking of the racial differences in the 

perception of segments of the community toward govern­

ment institutions. There is, is there a difference 

between, for example, or does the research indicate 

there is a difference between the way the, the way black 

persons might view government in general and the police 

agencies in^particular?

A Yes, sir.

I was trying, trying to get to, to get at that and 

in talking about attachment, the attachment to the polij 

tical system and to the governmental institutions, seems 

to be approximately the same for blacks and whites.

Now, there may be some differences in some studies, 

and so on, but, by and large, the differences are small 

when it comes to specific issues, specific institutions 

or partisan candidates, such as a presidential candidate 

then you find in instances of large racial differences, 

and probably certainly the largest difference that is

consistently found is that of blacks being less trustful,
[

less trustful of the police than whites, and I '.mrspeakingJ. . i

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BY MR. CALDV7ELL:

Q Turn to your analysis, which is marked Exhibit £1 

(42), I think it is self-explanatory. At the top of 

the third page, am I correct that the statement which 

talks about these statistical significance with the word 

"change"? Should that be "chance"?
A Yes, sir, on change, chance, c-h-a-n-c-e.

"Difference is due to 'c.hange'", should be "chunca", 

that is right.

Q Would you make that correction on the exhibit?

A (Witness is indicating.)

Q Would you briefly describe what the exhibit -- how

the exhibit is prepared, and what it reveals?

A All right.
Taking the statistics that were provided, and the 

summaries given to me, I prepared a table, table one, 

which compares the number of blacks versus the total 

number of whites and blacks who were arrested and who 

were shot at, in two different categories of crimes; 

property crimes and violent crimes, and using the defi­

nition provided on the summary sheets from the police 

department, you can see that out of a total number of 

ninety-five police shootings, eighty-four v/ere blacks 

and in the property crime category, compared with a 

total number of eighteen hundred (thousand) eight hundred

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and eleven black arrests versus the total number of 

black and white arrests of twenty-six thousand. —  I 

said eighteen hundred, eighteen thousand eight hundred 

eleven versus the total number of the black and white 

arrests of twenty-six thousand six hundred seventy-four 

(twenty-six thousand six hundred forty-four).

Similar breakdown of property for the violent 

crimes.

Q And what does the statistical comparison of the 

black percentage in the property crime category reflect^ 

A All right, sir.

If you turn to table two, table two is based on 

table one.

Here, I simply show the percentage of blacks who 

are arrested, and the percentage of blacks, blacks who 

are shot at, and the two particular categories of crime 

property and violent crimes.

It states that seven zero point six percent of the 

people whose -race was knov^n to the department, who are, 

were arrested for property crimes were black, and 

eighty-eight point four percent of the individuals who 

were shot at, whose race, of the total, whose race was 

known to the department, were black.

Q Is that a statistical significant difference?

A Yes, sir. 1560



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The comparing of seventy point sixty percent and 

eighty-eight point four percent is highly significant.

It is significant of what a statistician would call the 

point zero zero one level.

Q What does that mean?

A That means there is only one chance in ten thousanc, 

this result could occur simply by chance. This level 

of significance is very unusual in analyzing social 

science and data, -and in that, I guess I -could say, I 

could say that a result, that this is a result that is 

highly significant chance, is about as certain a sentence 

as I can make regarding tiie results.

Q That race is the obvious factor?

A Yes, sir, and my conclusion is that there is evi­

dence here that there is disparity effect of the black 

shootings of the police, again, without referring to any 
motivations, simply analyses of the statistical data.

MR. CALDWELL: Your Honor, subject to the, to

further demonstration that the, eliminating the 

post-1972 figures will not change the figures upon 

which Dr. Kenny based his analyses, we would offer 

Exhibit 42 into evidence.

THE COURT: All right, let it be, at this tim4,

subject to the right of cross-examination, marked 

for,identification, tendered as, submitted into
' G o i v j

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(Whereupon, the said exhibit previously 

marked Number 42 for identification, was 

received in evidence, subject to cross- 

examination.)

THE COURT: You may proceed to cross-examine

the witness.

CROSS-EXAMINATION 
3Y MR. SHEA:_____

Q Mr. Kenny, you say you are not from Memphis. Where 

are you from originally?

A I was born in Brooklyn, New York.

Q And did you live most of your childhood there?

A Ho, I lived there' for approximately four and one-
.i

half years. We moved to Newark suburbs, well, actually 

to, further out to the suburbs, and I lived in the 

southern tier of New York state for a while, and while 

I was in school I moved, lived in Newark area, city, 

rather than urban.

Q Now, in compiling the information that you had,
iwhen did Mr. Caldwell first approach you to work up the 

data?

A Let's see.

I believe it was, it was, it was actually Mr.

Arnold who first talked to me about the case on.-last ^-;  '/.L ; ; V

evidence.

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Q Late, last Saturday?

A Right.

Q All right, sir.

Now, what factual information did you gather to

give us these conclusions that you had? What interviews 

did you conduct, and how did you arrive at your conclu­

sions ?

A Let me ask, if I may, could you break that down 

for me? Are you referring to this report, this statis­

tical analysis, are you asking me about the earlier 

testimony?

Q The earlier testimony.

A Are you asking if I conducted any interviev/s since

Saturday morning?

Q Yes, sir; that is right. - •

A ' Certainly not.

Q All right, sir.

Now, you come up with some very concrete conclusioiis 

on the second page of the statistical analyses for 

Wiley versus Memphis Police Department. I don't know 

what the exhibit number is, the implication of this 

find is that race has definitely been a factor in the 

police shootings in the Memphis Police Department and 

race disparity has operated in a way which, that has
1563

Saturday morning.



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previously, Mr. Caldwell, well, what counsel stated 

the Court does not take as proof nor evidence, nor 

do I take what they state in the form of questions 

as being proof or evidence on either side.

MR. SHEA: Yes, sir.

A (Continuing) —  May I, could you restate the ques­

tion again for me?

3Y MR. SHEA;

Q Well, I, well, I don't really think it is importani 

Dr. Xenny, thank you very much.

THE COURT: Anything further?

MR. CALDV7ELL: No further questions. Your

Honor.

THE COURT: Dr. Kenny, in the figures you have

analyzed, do you know from the figures on the 
arrests how many of whites or how many of blacks 

were fleeing from the police, or resisting arrest?

THE WITNESS: Let me check the definition of

the category here.

MR. CALDWELL; Your Honor, if I understand 

the question, it is on.the arrest data, it is, it 

says there, it says that, does it indicate?

THE COURT: Yes, sir.

MR. CALDWELL: I don't think, the doctor

knows that, but the answer is "No", We do have
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THE WITNESS: It indicates that they are un-

arned, yes.

MR. ARNOLD: The term: "unarmed" was their

term, is what I was checking.

THE COURT: Well, I say, I say the informatioi^

then as has been stated, we don't know how many of 

those arrests were involved in person who were 

■fleeing and/or resisting arrests, whether white or 

black?

THE WITNESS: Um-hum.

I do not, that is correct.

THE COURT: All right, sir.

Anything further?

MR. CALDWELL: Nothing further. Your Honor.

MR. SHEA: Nothing further.

THE COURT: You may step down.

THE WITNESS: Thank you.

(Witness excused)

THE COURT: All right, Mr. Lux, would you corâ

around.

the arrest statistics provided by the departnent.

15G5



UNITED STATES DISTRICT COURT 
WESTERN DISTRICT OF TENNESSEE 

WESTERN DIVISION

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MARTHA WILEY, Mother and 
Next of Kin of FRED LEE 
BERRY, a Deceased Minor,

Plaintiff,

versus

MEMPHIS POLICE DEPARTMENT, 
ET AL.,

Defendants.

CIVIL ACTION NO 
C-73-8.

TRANSCRIPT OF THE EVIDENCE 

MONDAY, APRIL 7, 1975 

MEMPHIS, TENNESSEE.

VOLUME III

15GG



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WITNESS DIRECT
EXAMINATION

I-N-D-E-X

Mrs. Mich-ctel A. Smith

Charles T. Kenny 

John A. Coletta

374 ( a l  410,  
414

421

443, 475

CROSS-
EXAMINATION

397, 415

424

464

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the said witness, having been first duly sworn,

testified as follows;

DIRECT EXAMINATION 
BY MR. CALDWELL:

MRS. MAXINE A. SMITH,

374(a)

I'll try to make you understand lae, I'm having 

speaking problems, Mrs. Smith.

Would you state your name, your full name, please, 

and your address, please?

A Mrs. Maxine A. Smith, 1203 East Parkway South.

And among other things, you are executive secretary 

of the Memphis branch, NAACP, is that correct?

A That is correct.

Q And you are also an elected member of the Board 

of Education of Memphis?

A City Schools, that is correct. That is also cor­

rect.

Q And how long have you held that position?

A Since January 1, 1972.

Q All right.

And how long have you been executive secretary of 

Memphis branch NAACP?

A I think it was in April of '62.

D Are you a native Memphian? . f

Yes, sir, I eun.r



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Q Prior to April of 1962, Mrs. Smith, had you become 

involved in, in what was then known as the Civil Rights 

Movement, if, and if so, would you tell us how you be­

came involved?

A Yes, sir. I have been involved to some extent all 

of my life, but as an adult, my first involvement came 

with a futile effort to enter Memphis State University 

in the summer of 1957. I did this independently, inde­

pendent of an organisation. I would say, along with a 

friend, and we were rejected. Somehow, the news media 

got wind of this and there was some public attention 

put to, put to this, and it was at this point, in 1957, 

that the N double ACP first invited us to become member^ 

of its board of directors.

Q Why was your application at Memphis State rejected^ 

A Because I was black.

Q Subsequently, did Memphis State admit black stu­
dents?

A Subsequently, yes.

Q Can, can you proceed there, from there to the next

major facet of the Civil Rights Movement in Memphis, and 

we are particularly interested in the, in this case wit^ 

relation to, of the police department, and the black 

community? '-I; ’ •

HR. SHEA: If Your Honor please, I fail to sep
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any relevancy of Mrs. Smith's involvement as a black, 

as her activities/ has to do with the incident that 

took place on January the 8th/ 1972.

THE COURT: Well/ I will overrule your objec­

tion.
The witness may testify with regard to the 

background/ and in the area that may pertain to 

the issues that are involved in this matter.

You may proceed.

A I became a member of the b’oard of directors of 

Memphis branch N double ACP/ in 1957.

My f i r s t  p o s i t i o n  w as a s  m e m b e rsh ip  c h a i r m a n .

To move on to direct action with the community 

problems, I, I was coordinator of what we call the 

"Freedom Movement" of 1960-61, that was in, eighteen 

months period of direct action programs in which more 

than four hundred people participated in this program 

were arrested for attempting to use public libraries, 

art museums, get services at lunch counters, be served 

at rail, bus and air terminals, ride streetcars or busa^ 

or trolleys, whatever we had. In fact, during this 

period, around this period, U double ACP filed suit 

against every tax-supported institution in Memphis, all 

of which, at that time, barred blacks from participation,

and I served as coordinator of this movement., ̂ ^■ . -ri:' V->■(/

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Q aow many p e o p la  do y o u  e s t i m a t e  w ere  a r r e s t e d  d u r i i g  

t h i s  p e r i o d ?

A I n  e x c e s s  o f  f o u r  h u n d r e d  p e o p le .

a A n d  t h e s e  w e re  p e o p l a  a r r e s t e d  by  th e  p o l i c e

d e p a r t n e n t  i n  M e m p h is ?

A T h a t  i s  c o r r e c t .

c  F o l l o w i n g  t h e n ,  1 9 6 1 ,  o r  1 9 6 2 ,  w h a t  w as th e  n e x t  

m a jo r  c i v i l  r i g h t s  e v e n t s  i n  M e m p h is ?  M as t h a t  th e  

s a n i t a t i o n  s t r i k e  i n  ’ 687 ^

a  W e l l ,  t h e r e  w ere  a num ber o f  d i r e c t  a c t i o n  p r o g r a m i  

e v e n  b e f o r e  •63 . T h e re  w ere  a num ber o f  a r r e s t s  i n  '6 3  

i n  *6 4 ,  b e c a u s e  many o f  th e  t h i n g s  t h a t  we h a d  b een  

p r o m i s e d  i n  '6 1 ,  a t  th e  c u l m i n a t i o n  o f  t h a t  m ovem ent  

w ere  n o t  f o r t h c o m in g  a n d ,  and  s o  we c o n t in u e d  t o  p e a c e ­

f u l l y  p i c k e t  d e p a r t m e n t  s t o r e s ,  f i n a n c i a l  i n s t i t u t i o n s ,  

w h ic h  l e a d  t o  e ve n  f u r t h e r  a r r e s t s ,  and  I  g u e s s  we w o u lS  

s a y  t h a t  th e  n e x t  m a jo r  c i v i l  r i g h t s  t h r u s t  w as i n v o l v e ^  

w i t h  th e  s a n i t a t i o n  s t r i k e  o f  1968 . H d o u b le  ACF l e d  

th e  f i r s t  p r o t e s t .  «e  h a d  an  a l l - n i g h t  v i g i l  a r o u n d  

C i t y  H a l l  i n  p r o t e s t  o f  t h e  t r e a t m e n t  th e  s a n i t a t i o n  

w o r k e r s  w ere  r e c e i v i n g  f r o m  c i t y  o f f i c i a l s ,  

g w ere  t h e r e  e v e n t s  w h ic h  o c c u r r e d  d u r i n g  th e  c o u r s e  

o f  th e  s a n i t a t i o n  w h ic h ,  w h ic h  y o u  o b s e r v e d  and  w h ic h  

i n v o l v e d  t h e  M e m p h is  P o l i c e  D e p a r t m e n t ,  o r  c e r t a i n  me

b a r s  o f  th e  M e m p h is  P o l i c e  D e p a r tm e n t ? •f’!;

r s 7 \



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going to object. It has nothing at all to do with 

what we are inquiring into.

THE COURT; What is the purported relevancy,

Mr. Caldwell?

MR. CALDWELL: Your Honor, we have attempted

to demonstrate, or we have alleged, at least, that 

the Memphis Police Department has had relationship 

with the black community which has been one of mis­

trust or hostile, hostility, from the standpoint 
 ̂ 0

of the black community, and we have also attempted 

to establish that, that -the Memphis Police 

Department has, by its history, actions, been resp<^n- 

sible at least in part for these differences, and 

perceptions, and is a part of the history of the, 

of the Civil Rights Movement in Memphis. It is a 

part of the history of the relationship with the 

Memphis Police Department, of the Memphis Police 

Department with the black community, which does, 

does go to establishing those perceptions.

THE COURT: Well, insofar as the latter matte^r

bearing upon the issues that are presented by the 

plaintiff in the case. I'll overrule the objection, 

and in saying, "insofar as the latter part", I 

would, of course, want to emphasize those portions
• I -i ■■ \

t  ■ V
10 i.  ■■

rO

MR. SHEA: If Your Honor please, again, I'm

157;



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w h ic h  b e a r  upon  p o l i c e  a c t i o n s  o r  c o n d u c t  r a t h e r  

t h a n  g e n e r a l  c i v i l  r i g h t s  m ovem en ts/  a s  i t  p e r t a in s i  

t o  th e  i s s u e s  i n  t h i s  p a r t i c u l a r  c a s e .

MR. CALDW ELL; I  u n d e r s t a n d .

T hank  y o u .  Y o u r  H o n o r .

MR. SH EA ; Y o u r  H o n o r ,  r a t h e r  t h a n  b e i n g  

b o u n c in g  up and down, c o u l d  I  h a v e  a c o n t i n u i n g  

o b j e c t i o n  t o  t h i s  w i t n e s s '  t e s t im o n y ?

THE COURT'; The C o u r 't  u n d s r s - t a n d s  t h a t  i t  i s  

y o u r  c o n t e n t i o n ,  c o n t i n u i n g  p o s i t i o n ,  and  o b j e c t i o n ,  

t h a t  w h a t  may h a v e  t a k e n  p l a c e  and  th e  t im e ,  t im e s  

and  p l a c e s ,  d i f f e r ,  i f  a ,  d i f f e r  f ro m  th e  t im e  and  

p l a c e s  i n  n i n e t e e n  s e v e n -  —  J a n u a r y ,  1 9 7 2 ,  a r e  

n o t  r e l e v a n t  and  m a t e r i a l .  Now, i n  o v e r r u l i n g  y o u r  

o b j e c t i o n ,  th e  C o u r t  i s  n o t  m a k in g  an u l t i m a t e  

f i n d i n g  h e r e ,  we a r e  s i m p l y  o v e r r u l i n g  th e  o b j e c ­

t i o n .

You  may p r o c e e d ,  M r .  C a l d w e l l .

BY MR. CALDW ELL;

Q W ou ld  y o u ,  y o u  may p r o c e e d ,  M r s .  S m i t h .

W ou ld  y o u ,  do y o u  rem em ber th e  q u e s t i o n ?

A I  t h i n k  I  d o .

I n  1968 t h e r e  w ere  n u m erou s  a r r e s t s  by  th e  members  

o f  th e  p o l i c e  d e p a r t m e n t .

I  w as a r r e s t e d ,  I  d o n ' t  rem ember e x a c t l y  how many

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t i m e s ,  and  I  was t r e a t e d  e x t r e m e ly  r u d e l y  b y  p o l i c e  o f f i ­

c i a l s  d o i n g  t h e i r ,  d u r i n g  th e  a r r e s t ,  and  b e i n g  p r o c e s s e d ,

I  was th ro w n  i n t o  a r e s t r o o m  w i t h  a l l  m a le s .  I  was 

d e p r i v e d  when I  a s k e d  t o  be  a d d r e s s e d  by  my p r o p e r  

c o u r t e s y  t i t l e .

The w ord  " n i g g e r "  w as f r e q u e n t l y  u s e d .  T h e re  w as  

j u s t  g e n e r a l  c o n te m p t  and  l a c k  o f  r e s p e c t  b y  t h o s e  o f  

us who w ere  a r r e s t e d  f o r  s i t t i n g  i n  C i t y  H a l l  a f t e r  th e  

p o l i c e  d e c id e d  t h e y  d i d n ' t  w a n t  u s  t h e r e .

Q R e f e r r i n g  s p e c i f i c a l l y  t o  th e  s a n i t a t i o n  s t r i k e ,  

i t s e l f ,  was t h e r e  a m arch  o r  d e m o n s t r a t i o n  on  M a rc h  28,  

19687

A Y e s ,  s i r ,  t h e r e  w as a m arch  on  M a rc h  2 8 t h .  I  was  

r i g h t  a t  th e  f r o n t  o f  t h a t  m arch  an d ,  and  th e  m arch  g o t  

o u t  o f  h a n d ,  t h o s e  o f  u s  who f e l t  t o  be l e a d e r s  i n  th e  

b l a c k  com m u n ity  w ere  d o in g  a p r e t t y  g o o d  jo b  o f  t u r n i n g  

th e  m arch  a r o u n d ,  b u t  s u d d e n l y ,  I  d o n ' t  know why o r  how 

by  w h a t  command, p o l i c e  o f f i c e r s  b e g a n  s w i n g i n g  c l u b s ,  

s h o o t i n g  t e a r g a s .  I t  w as  th e  m o s t  in h u m an  e p i s o d e  1 

h a v e  e v e r  w i t n e s s e d .  I  w i t n e s s e d  b r u t a l i t y  t h a t  I  c o u l i  

n o t  r e a l l y  i m a g i n e ,  I  n e v e r  w o u ld  h a v e  t h o u g h t  c o u ld  

h a v e  h a p p e n e d  a t  th e  h a n d s  o f  th e  p o l i c e  o f f i c e r s .

I  saw  many p e o p le  b e a t e n ,  j u s t  f o r  t r y i n g  t o  g e t  

to  t h e i r  c a r  a f t e r  th e  o r d e r  w as t o  c l e a r  th e  s t r e e t s , 

and  we w ere  a t t e m p t i n g  t o  t e l l  p e o p le ,  i n  f a c t ,  l e a d e r s

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o f  th e  co m m u n ity ,  M r .  J e s s i e  T u r n e r ,  h i m s e l f ,  w as place<^  

a n d  s t r u c k  b y  p o l i c e  o f f i c e r s  i n  h i s  e f f o r t  t o  t u r n  th e  

p e o p le  a r o u n d .

M r .  H ir a m  W i l l h a m ,  o n e ,  p r e s i d e n t  o f  one  o f  o u r  

w h i t e  b u s i n e s s e s  a t  th e  t im e ,  was s t r u c k ,  c u r s e d .

We w ere  s t a n d i n g  t o g e t h e r  a t  th e  d o o r  o f  N d o u b le  

ACP o f f i c e ,  and  we s t o o d  t h e r e ,  i n  M e m p h is ,  and  w a tc h e d  

j u s t  s a v a g e  b r u t a l i t y  b e in g  i n f l i c t e d  on c i t i z e n s  by  

p o l i c e  o f f i c e r s  who had  rem oved  t h e i r  s h i r t s ,  I  w o u ld  

im a g in e  i n  an e f f o r t  n o t  t o  be  i d e n t i f i e d .

I  w as a w i t n e s s  i n  c o u r t  s u b s e q u e n t l y  t o  s e v e r a l  

o f  t h e s e  i n c i d e n t s ,  and  a s  r e s u l t ,  N d o u b le  ACP d i d  

p r o c e s s  e i g h t y  c o m p l a i n t s  f ro m  t h a t  one  d a y ,  p e o p le  who 

r e c e i v e d ,  r e c e i v e d  r a t h e r  s e r i o u s  v a r y i n g  d e g r e e s  o f  

b r u t a l  a b u s e .

Q Do yo u  h a v e  a s o n ,  M r s .  S m i t h ?

I s  t h a t  c o r r e c t ?

A Y e s ,  a i r ,  I  h a v e  one s o n .

Q How o l d  i s  he now?

A He i s  e i g h t e e n  y e a r s  o l d  now.

Q H as  ha  b e e n  a r r e s t e d  i n  th e  c o u r s e  o f  t h e s e  k i n d  

o f  a c t i v i t i e s ?

A Y e s ,  s i r ,  he h a s  b e e n  a r r e s t e d .  I  t h i n k  he w as  

e i g h t  y e a r s  o l d  when he h a d  h i s  f i r s t  a r r e s t .

Q And w h a t  w as he a r r e s t e d  f o r  a t  t h a t  t im e ?

.j '



382

1 A He was i n  a p i c k e t  l i n e  i n  f r o n t  o f  L o w e n s t e i n ' s

2 D e p a r t m e n t  S t o r e  f o r ,  t h a t  w as l o c a t e d  a t  M o n ro e  and

3 M a in  a t  t h a t  t im e .

4 Q And w h a t  w as th e  p i c k e t  p r o t e s t i n g ?

5 A We w ere  s e e k i n g  e q u a l  e m p lo y m e n t  o p p o r t u n i t i e s  f o r

6 b l a c k  p e o p le .

7 Q H as he b e e n  a r r e s t e d  on s u b s e q u e n t  o c c a s i o n s ?

8 A He h a s  been  a r r e s t e d  on s u b s e q u e n t  o c c a s i o n s .

9 Q To y o u r  ju d g m e n t ,  h a s  t h a t  a f f e c t e d  h i s  - -  ( i n t e r -

10 r u p t e d )

11 MR. SH EA ; Now, i f  Y o u r  H o n o r  p l e a s e ,  I  am

12 g o i n g  t o  o b j e c t  t o  t h i s  one  i s o l a t e d  i n c i d e n t  t h a t

13 he i s  g o i n g  t o  s a y .  I  j u s t  d o n ' t  t h i n k  we o u g h t

14 t o  i n q u i r e  i n t o  t h i s .  Y o u r  H o n o r .

15 THE COURT; W e l l ,  I ' m  g o i n g  t o  s u s t a i n  th e

16 o b j e c t i o n  t o  th e  t e s t im o n y  a b o u t  t h e ,  a b o u t  an

17 i n d i v i d u a l ,  w here  th e  i n d i v i d u a l  i s ,  h i m s e l f ,  n o t

18 p r e s e n t  t o  t e s t i f y ,  and  I  w i l l ,  u n l e s s  th e  i n d i v i -

19 d u a l  i s  h e r e  t o  t e s t i f y ,  I ' l l  s u s t a i n  th e  o b j e c t i o i f

20 MR. CALDW ELL; Y o u r  H o n o r ,  I  w as n o t  g o i n g  t o

21 a s k  h e r ,  I  w as g o i n g  t o  a s k  h e r  a b o u t  h e r  —

22 m o t h e r ' s  p e r c e p t i o n  a b o u t  h e r  s o n ' s  r e a c t i o n .

23 t h e  COURT; W e l l ,  sh e  may t e s t i f y  t o  h e r  own

24 o b s e r v a t i o n s  and  s o  f o r t h ,  b u t  I ' l l  s u s t a i n  any

25 o b j e c t i o n  made t o  h i s  a t t i t u d e s ,  a t t i t u d e  o f  h i s

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s u b j e c t i v e  r e s p o n s e ,  and  t h a t  s o r t  o f  t h i n g ,  a s  he  

w o u ld  be  th e  a p p r o p r i a t e  p e r s o n  t o  do t h a t .

I  t h i n k  th e  o b j e c t i o n ,  f ro m  a h e a r s a y  s t a n d ­

p o i n t ,  i s  an a p p r o p r i a t e  o b j e c t i o n .

I * m  n o t  c u t t i n g  o f f  th e  l i n e  o f  i n q u i r y  i n  

t h a t  r e g a r d ,  I  j u s t  t h i n k  i n  t h i s  i n s t a n c e  i t  is -  

an a p p r o p r i a t e  o b j e c t i o n .

I4R. CALDWELL: Thank you. Your Honor.

Q M r s .  S m i t h ,  i n  te rm s  o f  y o u r  r e l a t i o n s h i p  w i t h  

y o u r  s o n ,  h a v e  y o u  b een  c o n c e r n e d  a b o u t  h i s  p e r c e p t i o n  

o f  t h e ,  o f  th e  M em phis P o l i c e  D e p a r tm e n t ,  and  h a v e  y o u  

t a k e n  s t e p s  t o  d e a l  w i t h  t h a t ?

A V e r y  d e f i n i t e l y .

I  p e r s o n a l l y  f e e l  t h a t  any  c i t i z e n ,  y o u n g ,  o l d ,  

m id d le  a g e ,  s h o u l d  h a v e  a g o o d  im a g e  o f  p o l i c e  o f f i c e r s  

b e c a u s e  I  h a v e  a c o n c e p t  o f  w h a t  t h e i r  r o l e  i n  th e  c i t y  

s h o u l d  b e ,  and my c o n c e r n  w as  t h a t ,  and  I  h o p e  I ’m n o t  

d o in g  w h a t  y o u  a s k e d  n o t  t o  d o .  Y o u r  H o n o r ,  b u t  my s o n ’ s 

c o n c e p t ,  b e c a u s e  o f  h i s  e x p e r i e n c e s ,  w as o b v i o u s l y  n o t  

w h a t  I  w o u ld  l i k e  t o  se e  i t ,  a s  a m o th e r ,  so  I  t r i e d ,  

p e r h a p s  f u t i l e l y ,  t o  c o r r e c t  h i s  c o n c e p t  o f  t h e  p o l i c e  

d e p a r t m e n t .

Q Y o u r  s o n  i s  i n  c o l l e g e  t o d a y ,  i s  t h a t  c o r r e c t ?

A Y e s ,  s i r ,  he  i s  a f r e s h m a n  i n  c o l l e g e  now.

Q Following 1963, am I correct that there were, was

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a boycott of the school system led by, or organized by 

you and NAACP in 1969?

A That is correct.
Q And were there arrests and what-have-you during 

this, during this period also?

A Yes, sir, there were arrests. I don't remember 

exactly how many. I was arrested on at least two occa­

sions, personally during that period. I think cna of 

the charges was contributing to the delinquency of 

minors, ironically these charges were only dropped afte 

white mothers participated in boycotts some years later 

just what, why mine was dropped all of a sudden --

Q They were protesting bussing?

A Right.
Q There has been previous testimony in the case,

Mrs. Smith, about hearings conducted by the NAACP and 

a committee, committee selected of OE, elected officials 

in 1970.
Would you, could you tell us something about what 

led up to those hearings and what they were cibout?

A Yes, sir.
I think it was in the latter part of 1969 that the 

N double AC? felt it necessary to try to create a com­

munity awareness of the whole problems that it engulfed 

this community, as far as our system of criminal justice
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as  f a r  a s  t h e  i n e q u i t i e s  i n  t h e  a d m i n i s t r a t i o n  o f  j u s t i o e

I f  I  c o u l d  j u s t  b a c k  u p .

Much o f  t h e  t im e  I  h a v e  s p e n t  a s  an  o f f i c i a l  o f ,  a^ 

an e x e c u t i v e  s e c r e t a r y  o f  N d o u b l e  A C P , h a s  been  s p e n t  

f i l i n g  p o l i c e  a b u s e ,  and  c h a r g i n g  o t h e r  i n e q u i t i e s .  We 

p i c k e t e d  f o r  t h e  r i g h t  t o  i n c l u d e  b l a c k s  i n  j u r i e s .  We 

h a v e  j u s t ,  t h r o u g h  th e  y e a r s ,  and  I  t h i n k  o u r  r e c o r d  

w i l l  r e f l e c t ,  b een  v e r y  c o n c e r n e d  a b o u t  th e  a d m i n i s t r a ­

t i o n  o f  j u s t i c e .  H ow ever ,  mos’t  o f  th e  c o m p l a i n t s  we 

f i l e d  w i t h  c h a r g e s  o f  p o l i c e  a b u s e  w ere  i g n o r e d  by  th e

pow er  b r o k e r s  t o  whom we f i l e d ,  a g e n c i e s ,  t h e  o f f i c i a l s
/

and  we f e l t  t h i s  t o  be  a  t y p e  o f  c o m m u n i ty ,  c o m m u n i t y ­

w id e  h e a r i n g .

I  r e a l l y  t h i n k ,  and  maybe I ' m  a b i t - p r e j u d i c e , t h a t  

i t  i s  r e a l l y  one o f  th e  f i n e s t  t h i n g s  t h a t  h a s  come to  

M e m p h i s .  I t  was  n o t  a v i n d i c t i v e  a g a i n s t  t h e  p o l i c e  

d e p a r t m e n t .  We i n v i t e d  th e  p o l i c e  d e p a r t m e n t  t o  p a r t i ­

c i p a t e .  We i n v i t e d  th e  m a y o r .  We i n v i t e d  a l l  i n d i v i ­

d u a l s ,  a l l  o f  t h e  o f f i c i a l s ,  c i t y  o f f i c i a l s ,  t o  p a r t i c i  

p a t e .  We s p e n t  a c o n s i d e r a b l e  am ount  o f  money t o  s e t  

t h i s  u p .  We b r o u g h t  p e o p l e  who w e r e " e x p e r t s  i n  th e  

f i e l d  o f  some a r e a  o f  a d m i n i s t r a t i o n  o f  j u s t i c e .  We 

w ere  c o n c e r n e d  w i t h  th e  y o u n g  p o l i c e  a b u s e .  We w ere  

c o n c e r n e d  w i t h  t h e  s t a l l i s t  b a i l  b o n d  s y s t e m ,  we were  

c o n c e r n e d  w i t h  t h e ,  w i t h  th e  d i s c r i m i n a t i o n  e m p lo y m en t
, » I* * .•r ... • i i •! ' "f

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b y  o u r  law  e n f o r c e m e n t ,  b y ,  i n  f a c t ,  i f  I  may s a y  s o ,  I  

f e l t  p r e t t y  p r o u d  o f  th e  h i g h  c a l i b e r  h e a r i n g s  t h a t  

N d o u b l e  ACP p u t  t o g e t h e r  and  b r o u g h t  t o  M e m p h i s . 

U n f o r t u n a t e l y ,  some o f  o u r  o f f i c i a l s  i g n o r e d  i t .

Q You  s a y  th e  Mem ph is  P o l i c e  D e p a r t m e n t  was  i n v i t e d  

t o  a t t e n d  and p a r t i c i p a t e ?

A V e r y  d e f i n i t e l y .

Q And d i d  t h e y  c o o p e r a t e  i n  t h e  h e a r i n g s ?

A N o .  I  t h i n k  t h e y ,  t h e y  d i d n ' t  c o o p e r a t e .  The  

o n l y  member o f  t h e  p o l i c e  d e p a r t m e n t  t h a t  w ere  p r e s e n t ,  

t o  my k n o w l e d g e ,  w ere  one o r  two p e o p l e  w i t h  t a p e  

r e c o r d e r s .  I  s a t  n e x t  t o  one t a p i n g  a r e c o r d  o f  w h a t  

w e n t  o n .  O f  c o u r s e ,  t h e r e ,  i t  was  no s e c r e t .  We h a d ,  

h a v e  a ,  y o u  know,  th e  e n t i r e  t r a n s c r i p t  o f  t h e  w h o le  

t h i n g ,  b u t  I  t h i n k  th e  d i r e c t o r ,  a t  t h a t  t i m e ,  s a i d  he  

n e v e r  h a d  h e a r d  o f  a  b r u t a l  p o l i c e m a n ;  a l t h o u g h  t h i s  

was n o t  th e  w h o le  i s s u e .  T h e r e  was  c o o p e r a t i o n  f ro m  

th e  p o l i c e  d e p a r t m e n t ,  and  th e  o n l y  a t t e n d a n t ,  t o  my 

k n o w l e d g e ,  was  t o  g e t  t h e  r e c o r d .

Q D i d  y o u  a l s o  i n v i t e  th e  S h e l b y  C o u n t y  p o l i c e .  

S h e r i f f  D e p a r t m e n t ,  t o  p a r t i c i p a t e ?

A We d i d .

Q And d i d  t h e y  a l s o  c o o p e r a t e ?

A Y e s ,  s i r .  I n  f a c t ,  t h e  w i t n e s s  f ro m  th e  s h e r i f f ' s  

d e p a r t m e n t  t e s t i f i e d  i n  t h a t  h e a r i n g .

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Q C o u l d  y o u  t e l l  me who th e  members o f  t h e  —  i t  was  

c a l l e d ,  c a l l e d  th e  a d - h o c  c o m m i t t e e ,  and who w ere  th e  

members o f  t h e  c o m m i t t e e ?

A L e t  me s e e .

We u s e d  b l a c k  e l e c t e d  o f f i c i a l s .  A t  t h a t  t i m e ,  i t  

was i n  ' 7 0 ,  t h e r e  was M r .  T u r n e r  and  M r .  F r e d  D a v i s ,  

R e v .  J .  L .  M e t t e r s ,  A t t o r n e y  J .  0 .  P a t t e r s o n ,  and now 

C o m m i s s i o n e r  Ben H o o k s .

Q M r .  J e s s i e  T u r n e r ,  a t  t h a t  t im e ,  and s t i l l  t o  the  

p r e s e n t ,  was a m a g i s t r a t e ,  an  e l e c t e d  m a g i s t r a t e ,  on

th e  S h e l b y  C o u n t y  q u a r t e r l y  c o u r t ;  i s  t h a t  c o r r e c t ?
)

A T h a t  i s  c o r r e c t .

Q And M r .  F r e d  D a v i s  w a s ,  a t  t h a t  t im e ,  and  s t i l l  i s  

a member o f  th e  c i t y  c o u n c i l ?

A Y e s ,  s i r ,  t h a t  i s  c o r r e c t .

Q And M i s t e r ,  R e v .  James M e t t e r s ,  w a s ,  a t  t h a t  t im e ,  

and  s t i l l  i s ,  an e l e c t e d  member o f  th e  c o u n c i l ?

A T h a t  i s  c o r r e c t .  Y e s ,  s i r .

Q And J u d g e  H o o k s  h a d  j u s t  b e e n ,  o r  was  a member o f  

th e  j u d i c i a r y  o f  S h e l b y  C o u n t y ;  r i g h t ?

A R i g h t .

Q He i s  now a c o m m i s s i o n e r  o f  th e  F e d e r a l

C o m m u n i c a t i o n s  C o m m i s s i o n ,  i s  t h a t  r i g h t ?
• - ̂, V : /• t

A T h a t  i s  r i g h t .

Q And M r .  P a t t e r s o n  w as  a member o f  th e  S t a t e  S e n a t e

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and the city council; is that correct?
A That is correct.
Q Mrs. Smith/ let me show you some documents, one 
document is marked Exhibit 23, and the others are markec. 
Exhibits 24(a) through 24(d).

Now, are the 24 series, is that the transcript of 
the ad-hoc committee hearings which were conducted duriiig 
—— excuse me —— Exhibit 24(a) through (d) hearings, and 
I have the original of those transcripts.
A Yes, sir, without reading them all, just at a 
glance, I would say these are the transcipts of the 
hearings, of those hearings, and went on, you know, ove:r 
a period of time.
Q Did you have them routinely one day a week for 
three or four weeks? Is that right?
A Yes, sir, not consecutively, but within, maybe a 
two months time frame. X would have to check back for 
the dates.
Q Now, you mentioned that some of the testimony 
dealt with, with the bail bond system and the other, 
other testimony dealt with the experts which were called 
in, and what-have-you, but were there also some indivi­
dual citizens who testified, make allegations of the 
police conduct and racial abuse?

1A Yes, sir. 1

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MR. SHEA; If Your Honor please, I am going 

to object. Certainly that is the rankest hearsay 

that people came in and took a transcript of what 

they said. We have no opportunity to cross-examini 

these people. I object to it on the ground that 

it is hearsay and should be excluded.

THE COURT; Well, the Court has ruled hereto­

fore that we are not concerned, considering the 

transcript or the evidence that may have taken 

place there for the truth of the matter that is 

asserted. So that, in the face of the hearsay 

objection, we are not considering those natters 

with regard to testimony pertaining to the parti­

cular complaint or particular matter.

As we understand it, the plaintiff has offered 

it for the purpose of information or matters that 

the defendants were or should have been aware of, 

not for the truth of the matter assarted, and we 

have stated that the matter may be alluded to and 

we overrule the objection on the latter basis, but 

we are not admitting it on the hearsay objection 

as to the truth of the natter asserted.

BY MR. CALDWELL; V f '

Q We were talking about allegations of police conduct 

or racial abuse; there was that kind of testimony, as I

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understand your answer?
A Yes, sir, that was a part of the hearings, yes, sif

Q And that was a part, report, let me turn your atteri

tion now to Exhibit 23, and this is the ad-hoc committee 

staff report, and was that approved by the five members 

of the committee, that testimony before the committee?

A Yes, sir, it was.
Q In, in October, 1971, I think there was an incident 

involving the death of a young nan named Elton Hayes .

Are you familiar with that incident?

A Yes, sir, I am.
MR. SHEA; Your Honor, I object to anything 

that happened to Elton Hayes in 1971. That has 

nothing to do with January, 1972,
THE COURT; Well, with your continuing objec­

tion on the same basis as noted before, and with­

out attributing a special materiality or signifi­

cance or otherwise, not either way, the Court will 

overrule the objection and permit the testimony.

BY MR. CALDWELL:

Q Was there further black community concern and 

activity in which you participated as result of that 

particular incident?

A Yes, sir, it was more or less a continuation, or 

perhaps an intensification of our effort to, that had

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taiken place over the years, to eliminate this type of 

brutality from our police system. It was resulting pri 

marily from the tragedy of Elton Hayes that the 

N double ACP drew up what came to be known as our 

Eighteen Point Program, and this program was widely dis 

semenated to all elected officials, to all law enforce­

ment agencies, and including the county commission, the 

county court, the city council, and anybody who would 

have some affect on trying to implement those eighteen 

points, we felt would bring about a just society.

As I said, those were drawn up in '71, and the 

dissemination of this was intensified early in '72. We 

made appearances before everybody, every public body.

We had conferences with the editors of the two daily 

newspapers, and in an effort to join us in this effort 

to remove this blight from our city. ..

MR. CALDWELL; Your Honor, if I may mark a 

document at this time as the next exhibit number?

THE COURT; All right, let it be marked for 

identification as Exhibit Number —

THE CLERK: Forty-six for identification only. 

THE COURT; Forty-six.

(Whereupon, the said instrument was 

accordingly marked Exhibit Number 46 for 

identification only.)

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BY MR. CALDWELL:
Q Mrs. Smith, there has been marked for identifica­

tion as Exhibit 46, a document which purports to be a 

document of NAACP, and I believe you testified that is 

the Eighteen Point Program that you were speaking of?

A Yes, sir, it is.
Q What is left of it. I tore part of it off while

I was standing here.
Now, during both of these, these two events, we 

were just talking about, the Eighteen Point Program and 

the 1970 ad-hoc committee hearings —

A Yes, sir,
Q (Continuing) —  you did address and make communica

tions in connection with the deadly use, deadly force, 

is that correct, arrest and use of deadly force, is 

that correct?

A Y e s ,  s i r .

Q Would you read item seventeen of the Exhibit 46?

A (Reading):
"A new guideline for use of lethal force 

by officers should simply state that:

"'A police officer shall use lethal 

force only when he is clearly defending his 

own life or when clearly defending the life 

of another individual or fellow officer.'”
' A :

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393

1 Q All right.

2 And the Eighteen Point deals with a whole lot of

3 other things, including better salaries for policemen,

4 and that sort of thing?

5 A That is right.

6 Q And similar deadly force policy was proposed by

7 the ad-hoc committee report, is that correct?

8 A Yes, sir.

9 Q Mrs. Smith, based on your experience with the

10 black community and the Civil Rights Movement in Memphis,

11 and continuing to a time prior to, and up to January of

12 1972, what was the, from your perception, the general

13 feeling of black citizens toward the Memphis Police

14 Department?

15 MR. SHEA; If Your Honor please, I am going

16 to object to that. She can give what her opinion*

17 is, but not what the general —  is she speaking

18 for the entire black community, or is she speaking

19 for Mrs. Maxine Smith?

20 THE COURT: Well, the Court is considering

21 that the witness is testifying in light of her

22 position in the organization, or organizations

23 that she has participated in, and the testimony

24 that has been adduced, adduced.

25 We will overrule the objection to her

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testimony without attributing to the witness the 

fact that she may be speaking, or not be speaking 

for the entire black community, but she nay testify 

in light of her background and her own position 

that she has testified about.

MR. CALDWELL; Thank you. Your Honor.

A Through the contacts I have had, primarily as 

executive secretary of W double AC?, and the complaints 

that have been filed in our office, I would have to say 

that in answer to your question that the attitude is 

quite unhealthy and there, there are elements of fear 

and distrust, and animosity, maybe even hate, unfortu­

nately. This is how I perceive from my experience, the 

attitude of blacks toward the police force.

MR. CALDWELL; Your Honor, I would like to 

offer Exhibit 23 into eviJ.ence, which is the ad-hog 

committee final report.

Now, I have previously marked 24(a) through 

(d), as transcript of those bearings, but I promised 

the Court last week that we would not burden the 

record with those unless the Court, or opposing 

counsel required, but they are here and they are 

marked for identification. I don't offer them into 

evidence, and, at the conclusion of the trial, I

will be glad to withdraw those.
1 5 S B



421

1 CHARLES T. KENNY,

2 tile said v/itness, having been previously sworn, was
f

3 recalled to the witness stand and testified as follows:

4 DIRECT EXAMINATION 
BY MR. CALDWELL:

5
6 Q Dr. Kenny, since your testimony last Thursday, I

7 believe I am correct that I furnished you with informa- 

g tion contained on Exhibit 40(a) and Exhibit 20(a)?

9 A Yes, sir,

10 Q Is that correct?
0

11 A Yes, sir.

12 Q And you have prepared an addendum .to your previous

13 analyses, which I have marked as Exhibit 42(a).

14 Could you identify that, please, sir?

15 A Yes, sir.

16 This is an addendum that covered, covers the figures

17 for 1969-1971 only.

18 Q Only?

19 A That is right.

20 Q Now, am I correct that by eliminating the shooting

21 information and arrest information after 1972, that the

22 size of the sample of both sets of data is smaller?
23 A That is true; yes, sir. , ' . -

24 Q Would you briefly describe what, what exhibit,

25 Exhibit 42(a) shows with regard to your new analysis,

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admitting, omitting post-1972 information?

A Okay.

I conducted statistical tests to determine whether 

or not the difference between the percentage range of 

blacks who were shot at, all property crimes ware crime^ 

large enough to be significant, and the test which I 

conducted was a "Z-test", which is the statistics 

devised for determining the different —  (interrupted)

Q Pardon, I'm' sorry, that is a "2-test“?

A That is right, it is a "Z-test".
Q And it is a devise for comparing percentages; is 

that correct?

A That is right, to, for comparing percentages to 

determine whether or not the difference between them is 

significantly —  (pause)

Q Different?

A Yes, sir.

Q That is a test for that kind of analyses ?

A Yes, sir.

Q Okay.
•

A And, okay, and the results were that the di

is somewhat higher tiian thirteen percent point, thirteen 

point four percentage point, and this difference is 

large enough to be statistically significant. It is 

significant at the point 0 two level, at least, and the



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point Z3ro two level strictly means, means this is less 

than two chances in a hundred that the difference 

occurred by chance.
I might add that the universal accepted standard 

for the significant statistic is the point 0 five level 

and this is substantially below that. So there is no 

doubt about the reliability of the statistical signifi­

cant diffefsncas between the two percentages. The con­

clusions that I drew is the same from the other analyse^ 

on the, on all of the data. It, the conclusion is that 

the difference is statistically significant. The impli-- 

cation of this finding is that race has been a factor 

in the shooting practices in the Memphis Police 

Department, and, therefore, that race has operated in a 

way that has a disparity effect on the blacks.

Q That is the particular analysis excluding the postj- 

1972 data that led you to that conclusion, is that 

correct?

A T h a t  i s  r i g h t .

Q And using the broader sample, which you used pre­

viously, does that, what effect does that have on your 

conclusion with regard to the smaller sample?

A It would simply underline and emphasize and re-en- 

force the findings.
MR. CALDWELL: Your Honor, I would like to

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offer Exhibit 40, 42(a) into evidence, which is the 

item up there, those are the subsequent analyses. 

THE COURT: All right.

Let it be identified and tendered as received

in evidence, subject to the right of cross-

examination at this time.

MR. CALDWELL: Thank you. Your Honor.

'That is all the questions I have of Dr. Kenny

THE COURT: All right, Mr. Shea.

CROSS-EXA14INATION 
BY MR. SHEA;_____

Q Dr. Kenny, I believe you stated that you came to 

Memphis some seven years ago?

A . That is right.

Q Did you open your business at the time that you 

came here?
A No, I did not.

Q What did. you do when you first arrived?

A I was employed by Memphis State University.

Q How long did you stay there?
.A I ’m still on the staff there.

Q Still a member of the staff?

A That is right.,

Q Are you teaching courses there at the present time?
• —V

A Yes, sir.
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443

JOHN A. COLETTA,

the said witness, having been p.reviously sworn., was

recalled to the witness stand and testified as follows:

DIRECT EXAMINATION 
3Y MR. SHEA:_______

Q For the record, please state your name again?

A I'm John Coletta.

Q All right, sir.

Mr. Coletta, you are enployed by the Meiaphis 

Police Department?

A Yes, sir.

Q And how long have you been so employed?

A Eighteen years.

Q And what is your present rank with the department? 

A Cap'tain.

<2 And what are your present duties?

A In charge of the ordnance section, in connection

with handling firearms training.

Q Would you just tell us what the firearms training 

program was, if you know, in 1972?

A In 1972?
Q Yes, sir.

A Basically it remains the same that it is today, 

that, in that we are charged with the responsibility of 

training police officers with not only the handgun,., but

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455

A Yes, sir.

Q All right, sir.

Now, what type ammunition was, is and was in use 

in January, January of 1972, for handguns and shotguns? 

A In 1972, it was of the hollow point, simply jackets 

type .

Q And what is the significance of a hollow point
I

simply jacketed type ammunition?

A Hollow point, round, loses its energy more rapidly

than a standard convention lead alloy round; therefore,

it tends to stay within the object that it strikes more 

readily than a lead alloy round.

Q All right, sir.

Now —  (interrupted)

A And —  (interrupted)

Q Excuse me. Go ahead.

A (Continuing) —  And by so doing, constitutes a 

safety factor, as far as other people are concerned, in 

that it will not penetrate through a felon, or whoever, 

whatever the case may be, and go into, indiscriminately 

down the street, to hit some innocent person.

Q All right, sir.

Ther^, there is a popular term called "dum-dum". 

Now, what does dum-dum mean?

A I don't know. It is construed to mean many things.

j j i a 4



456

1 The d i c t i o n a r y ,  I  t h i n k ,  d e f i n e s  i t ,  i t  h a s  b een  d e f in e c .

2 a s  an o r i g i n a l  I n d i a n  b u l l e t ,  w h i c h  came f r o m  I n d i a ,  anc.

3 o r i g i n a l l y  w ere  f o r  r e v o l v e r s , I  t h i n k  t h a t  was the  o r i - -

4 g i n a l  d e f i n i t i o n  o f  w h a t  a dum-dum may b e .

5 Q A l l  r i g h t ,  s i r .

6 A l l  r i g h t .

7 W e l l ,  i n  t h e  i n s t a n t  c a s e ,  F r e d  Lee  B e r r y  was n o t

8 h i t  by a p o l i c e  r e v o l v e r  b u l l e t ?

9 A Y e s , s i r .

10 Q He was s t r u c k  by  a s h o t g u n  b l a s t ?

11 A , Y e s ,  s i r .

12 Q How d o e s  a s h o t g u n ,  w h a t  i s  t h e ,  w h a t  i s  i n s i d e  o f

13 t h e  s h o t g u n  s h e l l ?

14 A The d o u b l e  o u g h t  b u c k  c o n t a i n s  n i n e  l e a d  p e l l e t s ,

15 e a c h  p e l l e t  i s  a b o u t  t h i r t y - t w o  c a l i b e r .  I n  o t h e r  w ord ^ ,

16 i n  e f f e c t ,  t h e  man was s h o o t i n g  n i n e  .32 c a l i b e r  p i s t o l s

17 b u t  e a ch  p r o j e c t i l e ,  due t o  i t s  v e l o c i t y ,  and  m a s s ,  h a s

18 c o n s i d e r a b l y  l e s s  e n e r g y  t h a n  one  s t a n d a r d  h o l l o w  p o i n t

19 t y p e ,  o r  e ven  a l e a d  a l l o y  t y p e  p r o j e c t o r .  I  t h i n k  a

20 d o u b l e  o u g h t  b u c k  h a s  a b o u t  one h u n d r e d  a n d  s e v e n  f o o t

21 p o u n d s  f o r  e a ch  p e l l e t  o f  e n e r g y .

22 Q A re  t h e y ,  th e  s h o t g u n  b a r r e l ,  i s  n o t  g r o o v e d ,  i s

23 i t ?

24 A No,  s i r ,  i t  i s  a p l a t e  b o r e  w eapon .

25 Q P l a t e  b o r e  w eapon .

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And,  t h e r e f o r e ,  w e l l ,  s t a t e  w h e t h e r  o r  n o t  the  

P e l l e t s ,  when t h e y  a r e  c o m in g  o u t  o f  th e  m u z z le ,  v/hat  

i s  t h e i r  c h a r a c t e r i s t i c s  o f  t h e i r  f l i g h t  p a t t e r n ?

A Well, most people tend to think that when shotgun 

pellets emerge from the barrel of a gun, that they 

maroon in a conical form, when actually they don't, the^ 

don't immediately. They come out as this mass and they 

retain that mass five to seven yards before they start 

any dispersing, dispersions, or the, and the amount of 

dispersion and spread those pellets take is contingent 

upon what their action is in relation to each other 

while driving the length of the barrel and while 

travelling in that type mass. If they were bumped 

against each other, whatever, it could cause one to 

stray off from the mass, but generally speaking, they 

do stay in a mass up to about seven yards, and remain 

within a thirty inch circle up to forty or fifty yards.

Q That, then that is my next question.

What is the effective range of a shotgun?

A With double ought buck?

Q With double ought buck?

A Another forty or fifty yards, we feel that the 

pellets will stay within a thirty inch circle and thereljy 

give it the needed energy to stop someone.

Beyond that range, then it becomes a question of



458

1 how many p e l l e t s  s h o u l d  h a p p e n  t o  s t r i k e .

2 Q All right, sir.

3 A B u t  g e n e r a l l y  s p e a k i n g ,  f o r t y  t o  f i f t y  y a r d s  w o u ld

4 be th e  maximum e f f e c t i v e  r a n g e .

5 Q D r .  C o l e t t a ,  t h e r e  h a s  b een  some p r o o f  i n  t h i s  

S r e c o r d  t h a t  p o l i c e  o f f i c e r s  a r e  t a u g h t  t o  s h o o t  t o  k i l l ,

7 Now, c o u l d  y o u  e x p l a i n  w h a t  th e  t e a c h i n g  i s  a t  th e

8 t r a i n i n g  academy as  t o  th e  u se  o f  the  u l t i m a t e  f o r c e ,

9 t h a t  i s ,  w h a t  t h e y  a re  p e r m i t t e d  t o  do by  t h e  T e n n e s s e e

10 s t a t u t e ?

11 A Y e s ,  s i r .

12 O f  c o u r s e ,  y o u  know th e  te rm  “s h o o t  t o  k i l l "

13 d e p e n d s  upon  th e  c o n n o t a t i o n  t h a t  i s  p l a c e d  upon  th e

14 w o r d s .  I f  t h e  c o n n o t a t i o n  t h a t  i s  made, t h a t ,  do we

15 t e a c h  t o  e x e c u t e ,  th e  a n sw e r  i s  d e f i n i t e l y  "N o ,  we d o n ' i i . "

16 B u t  i f ,  i f  t h e  c o n n o t a t i o n  i s ,  do  we t e a c h  t o  s t o p ,

17 o r  t o  t h w a r t ,  y e s ,  s i r ,  we do ,  and  I  h a v e  t r i e d ,  by

18 g e t t i n g  t o g e t h e r  t h e s e  e x c e r p t s ,  t o  e x p l a i n  e x a c t l y  w h a i

19 o u r  p o s i t i o n  i s  i n  t e a c h i n g  o u r  r e c r u i t s .

20 We, o f  c o u r s e ,  m u s t ,  m u s t  t e l l  a r e c r u i t  t o  be

21 p r e p a r e d  t o  k i l l  b e c a u s e  th e  i n h e r e n t  f a c t o r  i n v o l v e d ,

22 u s e  o f  d e a d l y  f o r c e ,  i n  i t s e l f ,  t o  me, i s  a d e f i n i t i o n

23 o f  c a u s i n g  d e a t h ,  o r  t e n d i n g  t o  c a u s e  d e a t h .  S o ,  n a t u r i l l y

24 we h a v e  t o  p r e p a r e  o f f i c e r s  f o r  t h a t .

25 I  m i g h t  add  t h a t  i n  t e a c h i n g  a p e r s o n ,  p a r t i c u l a r l y

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459

with a handgun, which I consider the hardest gun to mas­

ter, for many variable reasons, it is necessary that we 

teach a recruit to center, shoot center mass, to shoot 

the largest part of the target that he, target that they 

can, can hope to hit, because the mistakes that can be 

made with that handgun are many, and generally a person 

in fact, I know of no person, really, a person at one 

time or another will commit these mistakes, and he has 

to be taught to where he can remedy his ability and his 

proficiency to where he can hit what he shoots at.

Q All right, sir.

Now, would you state to the Court why you don't 

permit officers to shoot warning shots?

A Yes, sir.

Because the hazard to other people is too great.

I think military tests show that fifty-eight foot 

pound is sufficient emergency to cause a casualty.

Now, I'm not real certain what causes a casualty, 

means in military terms, you know, but suppose it means 

to seriously injure one, and a falling projectile does 

have fifty-eight foot pounds of energy.
Q You may have already answered this question,

Captain, but you say that the officer is taught to shoot 

at the center of the mass?

A Yes, s j.r. ’ '

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460

1 Q When you say, say "mass", you, that would be the

2 trunk of the person fleeing?

3 A Yes, sir.

4 Q Rather than, well, will you state to the Court why 

3 officers are not taught to shoot at their foot, or arm,

6 or shoulder, or what?

7 A Yes, sir.

8 That is because of the inturned difficulty in

9 shooting, and in particular with a handgun. Flinching

xo is a great problem. It is one that every recruit that 

XX I have ever had occasion to, to instruct has suffered 

X2 with, and flinching can be a number of things, jerking 

X3 the trigger, bucking the gun, pushing the grip up so

X4 that the lock will go up to the right, or with a shoulder

X5 and anticipating the recoil and lunging into it, causing

16 the shot to go wild, and that sort of thing, and the

X7 proficiency of a parson dees not indicate that he can 

X8 be selective enough with all of the prevalent area pre- 

X9 sent, he cannot be selective enough to insure, with any

20 great degree of reasonable ability, expect to hit a

21 moving target such as the finger, or hand, or arm, or

22 leg, or whatever.

23 Q All right, sir.

24 A And then coupled with the psychological stress of

25 the situation, I know in a, in the situations that I

159 )̂



466

1 W e l l ,  I ' m  f a i r l y  s u r e  i t  w a s n ' t  g i v e n  t o  them b e f o r e ,

2 because it was about at that time that it was compiled.

3 Q W as,  was t h i s  t h e n  g i v e n  t o  o f f i c e r s  i n  th e  f i e l d

4 as well as to persons coning to the school?

5 A No, sir.

6 Q Did you have the opportunity to train Officers Cox

7 and Richards?

8 A Now, t h a t  i s ,  w o u ld  y o u  p l e a s e  —  { i n d i c a t i n g ) .

9 Q W e l l ,  d i d  y o u  t r a i n  them c o n i n g  t h r o u g h  the  s c h o o l ^

10 A Basically you are talking about?

11 Q Y e s ,  s i r .

12 A Officer Cox, I did not, not. Officer Richards I

13 participated in his training.

14 Q And t h a t  was p r i o r  t o  th e  t im e  t h a t  m a n u a l  was

15 h a n d e d  o u t ?

16 A Y e s ,  s i r .

17 Q And so this manual also was not something either

18 one of them would have received, is that correct?

19 A That is correct.I
20 However, I did also state that much of the material

21 in it was derived from lectures which had been given

22 prior to that tine.

23 Q What was in use prior to this manual which did the

24 job that this manual now does?

25 A There was no such article as a manual prior^ to, that.

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Q That belonged to the Memphis Police Department?

A We relied upon lectures which were, which were 

developed by the individual instructors and instructors 
and also using guidelines in the FBI manual.

Q And did you hand out printed copies of these lec­
tures ?

A Nope.

Q And so in terms of written statements, which you 

gave out to the recruits, .those simply did not exist

prior to the compilation of this manual, is that correct:? 
A Some.

Q I assume —  (interrupted)

A Some written matters were given to recruits only, 
but not the manual, as such.

Q And not copies of the lectures?

A Not copies of all lecutures, no.

Q I assume that is the purpose of that manual, was

to get into written form some of the things that you 
have been dealing with prior to that?
A That is correct.

Q Would you state again for us the size of the pattern

that, that forty or fifty yards, yards of shotgun obvi­
ously double ought buck shots?

A A thirty inch, the shot would stay within the 
thirty inch circle. .> 'V-'

I G Q l



PART 15: Excerpt from
Police Use of Deadly 
Force - Training

l & o x



C H A P T E R  5 

T R A IN IN G

P"

In the course of this study, police chiefs and administra­
tors were asked what steps they would consider most likely 
to bring about a reduction in unnecessary shootings by 
police officers. The most common response was to recom­
mend a tight firearms policy coupled with an effective 
training program.

The proposed remedy sounds attractive: First, commit a 
set of clear rules to paper; then teach officers to follow them. 
Unfortunately, as many police administrators are quick to 
acknowledge, training has limitations. It alone cannot 
change the immature, fast-tempered recruit into a reason­
able, steady officer, nor the bigot into a humanitarian. How­
ever, training can be a first important step in communicating 
to recruits the expected norm of behavior.

At best, training can give recruits and their supervisors 
the skills and information they will require in order to 
perform their jobs acceptably. Tliis means teaching not only 
mechanical skills, but also the laws, rules, and standards of 
performance that officers are expected to follow; the ration­
ale behind the most important of the foregoing; established 
tactical routines for handling situations police officers fre­
quently encounter; and, finally, the instructive errors of 
officers past and present.

In the seven sample cities, there were considerable 
differences in how the use of firearms and other force was

Sw­

igs

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taught, but it was impossible to evaluate objectively the 
effectiveness of any particular approach. To illustrate the 
difficulty, in the city with the lowest rate of shootings, 
recruits were routinely put on the street with almost no 
firearms training at all. In another city, one with an unu­
sually high rate of shootings, recruits were given many 
hours of instruction in all aspects of firearms use— written 
policy, tactics, marksmanship, care of the weapon, and the 
moral implications of taking a life.

Obviously, many factors other than training influence 
the rate of shootings within a department. Perhaps more 
than anywhere else in the report, in this chapter it was 
necessary to rely on subjective impressions as a guide to 
comparing and evaluating various departments’ ap­
proaches.

Tlie best training programs seem to be those which are 
thorough and consciously job related— those which teach 
not only hmv and when to shoot but what to do instead. Also, 
the more impressive curricula are those in which firearms 
and firearms policy training is spread among a number of 
courses, not set aside as a course unto itself, and those that 
attempt to build in peer pressure to reinforce techniques in 
a positive manner.

RECRUIT TRAINING: W H E N  TO S H O O T

In many small or unsophisticated police departments, 
firearms policy is one of several items covered during class­
room breaks at the range. Recruits learn when to shoot at 
the same time they are instructed in firearms nomencla­
ture, safety precautions, and weapon cleaning methods. The 
•problem with this approach is that, inevitably, most of a 
recruit’s attention will be focused on the firearm itself, 
especially if the recruit has never used one before.

Another pattern is to include a few brief remarks about 
the firearms policy during range training and to devote 
more time to the subject as part of a lecture course in basic 
criminal law.

'A

106 1604



Some departments have established separate one- or 
two-hour courses with titles such as “Legal Aspects of 
Firearms Training” or “When to Shoot— Legal and Moral 
Mssues.” These courses are given either in addition to or in 
.place of the lecture at the range. If this is the only treat­
ment of the subject, a department may convey the idea that 
f̂irearms use is not a very important issue. It is possible, 
rtwith such an approach, that recruits may come to think of 
the firearms policy as a mere set of words to be memorized, 
?an impression that is not discouraged by the quizzes given 
at the end of some “When to Shoot” courses (see Appendix 
Ĉ, for example).
V'r- Still other departments give their police recruits weap­
ons and put them on the street with virtually no training. 
According to firearms training experts at the International 
Âssociation of Chiefs of Police (lACP), the National Rifle 
Association, and the National Association of State Directors 
ôf Law Enforcement Training, this is the common practice 
in many smaller rural jurisdictions. In Portland, until re- 
ĉently the department sometimes found it necessary to 
assign recruits to the field with an experienced partner 
after only a four-hour orientation and limited target prac­
tice. The recruit was not sent through the academy until 
t̂here was a group large enough to justify forming a class.

The Chesapeake, Virginia, department operated with a 
^milar system until the occurrence of two controversial 
shooting incidents involving untrained recruits. Now Chesa- 
■peake is hiring new officers in groups of at least five and 
immediately giving them a week of training: two days of 
orientation and three days at the range. Portland also has 
r̂evised its practice and now hires in conjunction with the 
beginning of the statewide basic academy program. This 
practice insures at least seven weeks of training before 
‘recruits are assigned to the street.

(jenerally, the trend is toward more serious and more 
ftorough training programs, and two factors seem to be 
î ponsible for this trend. The first is the threat of lawsuits. 
According to an lACP/Americans for Effective Law Enforce-

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1605

im



w m

mI

ment survey of misconduct litigation, a number of court 
decisions have held police chiefs personally liable for wrong­
ful death when a citizen was shot by an officer who lacked 
proper training.* Another source of pressure is the various 
state law enforcement training and standards commissions, 
established to set minimum standards for police officers. In 
California and Florida, for example, such commissions are 
requiring that more attention be paid to the use of firearms 
during recruit and in-service training. The California Peace 
Officers Association has gone so far as to develop, with the 
help of individual police agencies, a model policy on the use 
of fatal force (see Appendix A).

Each of the seven sample cities had at least one sepa­
rate course in its recruit training program devoted to the 
use of force. For example, in Indianapolis, the firearms 
policy IS formally presented during a course on legal issues, 
but the subject also comes up frequently during daily free' 
discussion periods. In Portland, the subject is stressed in a 
course called “Street Survival,” and Kansas City has a four- 
hour course entitled “When Not to Shoot.” In connection 
.yith the Birmingham department’s recent decision to adopt 
a formal firearms policy, it has introduced a two-hour class 
devoted to the legal and moral aspects of firearms use, 
emphasizing restraint.

Two of the cities seem to make more of an effort than 
the others to integrate deadly force training into a number 
of courses. In both Washington, D.C., and Oakland, classes 
on marksmanship, criminal law, patrol techniques, officer 
safety, and domestic disturbances deal formally with the 
issue, but deadly force also is discussed informally. Accord­
ing to one recent Washington academy graduate, “By the 
end of training, they have the firearms policy coming out of 
your ears.”

Sheer volume of instruction, however, is no compensa­
tor! for a lackluster, plodding style. As former New Haven 
Police Chief James Ahern wrote in his book. Police in 
Trouble, “The policeman does need to know about criminal 
law, but he does not need it fed to him in a monotonous
108

160B



• stream from » ”hkh“ f w m h a v f  i"

 ̂which allow the officers to j yggd to supplement
; ” .d rol^playing are “ “ r  tbe >'“ "  » ' T " ': classroom lectures, p robberies-in-progress, and sus
I arguments, public disorder, dealing with these
Ipicious persons or ve • safety as
. ̂ uatiohs in the of firearms. A  good
: as the need for “Hands-On” training, a series of
' example is Kansas Ci y ^^d citizen volunteers
' exercises involving police p ^̂ d̂ carried out m
L from nearby taverns, supermarkets,
-Independence’s homes,

“ ^ i r T n d  taper ^
number of cities use oommerc c ity ’s train ing
Shoot” films, thp . f  for departments to develop

,. academy believes ® ®/„ggibie. because of the lack of 
- their own training films, P° Commercially produced
: standard policies officers as actor^frequen^

ea tha t differ fro™ those of
-department offering the training Department, the size of

The New York City Poh^e fo^^^i^g advice
: which makes it ve training films. One, set
r has itself produced some '" \P ^  the viewpoint of
 ̂ in a bank, depicts an to cash a check.
' an off-duty officer coincident JJy^ incidents,
i The value of the film, a ^ ._„̂ ;es the inadvisability, m
is that it convincingly Ltion."

rea, incidents, then

109

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1607
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ments also make 0*^ !̂  ™  sample-cty depart-
and have J  this o u m l  ’" ‘■'“‘"ihe.

; = r p £ ~

provide relevant trainino- n ^ 'f instructors

; ' S S - 5 5 S = ? r " ”~
fmm its J s u L "  coliectively. ,0 learn

PRACTICAL PISTOL COURSES

contend that officers who'und^^ '"r training-
sivetrai„i„gXir;rtTesr,Sf^:'r'rr^"-
rTo1:fa:rsria^d"^“ r = " ' - "  ' 

s t : : h T g i t r s “ r £ i ' ” “

no. enough to PrepaleX7mc:ff„“ ‘:!,l;ffr-

° « W n g 7 7 7 e ? r t h e °  h f  dT*’ "’“ ’'"f'.he
such as sniper attacks and n^t incidents,
work and its risks ’ everyday police

pnerally conLte o7aTntweek"co''urTe'̂  training
-n̂  time spent in the classroom learning nomeSTuVrcart 
110

1608



and cleaning of weapons, safety techniques and, perhaps, 
fthe department’s firearms policy. Marksmanship training is 
widely based on such standardized courses as the Practical 
Rstol Gjurse (PPCy or the N B A  National Pistol Course,®
Jwhich train officers in the type of shooting likely to be 
required of them in a combat situation. Some departments 
,;also use more recently developed FBI training courses: the 
iClose Combat Course or the Tactical Revolver Course, a 
:‘variation of the PPC with additional firing positions (prone, 
arricaded, kneeling, point-shoulder, and hip-level) that are 
closer to the target.

Several departments include shooting under night con- 
iMitions in their training programs. In Portland, for example, 
recruits are given a one-hour night firing course at the 
_ range, preceded by an hour lecture on night vision. Indian- 
?apolis recruits practice night firing with and without a 
iflashlight, and in Birmingham, nighttime conditions are 
simulated by lowering the lights at the indoor range.

Some departments include “stress shooting” in the cur- 
['riculum. In Birmingham, this training takes the form of 
rapid firing. In Indianapolis, trainees run a lap around the 
grange before each round of shooting. Oakland puts trainees 
through a simulated hard chase before firing, more to 
f demonstrate the likelihood of inaccuracy under such circum­
stances than to develop proficiency.

In addition to multiple-position ranges and surprise 
r targets (friend or foe), the New York City Police Department 
has under construction at its outdoor range a simulated city 
street for staging stress shooting and other exercises. In Los 
jAngeles, with the help of Law Enforcement Assistance 
f Administration (LEAA) funds, recruits are confronted with 
a filmed 35mm. color-sound enactment of a potential shoot­
ing situation, projected onto a large, concave, cylindrical- 
section screen. An officer’s ability to react, under stress, to 
various situations demanding police intervention is meas- 
ured, recorded, and discussed.
i Most of the cities require officers to requalify annually 
with their service weapons. For example, Birmingham tests

i G o n

111



-;.i!

|i55

its officers twice a year, and Indianapolis three times a year. 
Yet it is worth noting that, although Detroit allows its 
officers to carry “second guns” or back-up weapons (and 
indications are that some officers do so in other cities 
despite regulations to the contrary), no effort is made to 
have officers qualify with these nonissued weapons.

As for shotguns, there is a wide range of use and 
training. In Washington, D.C., only officials with the rank of 
sergeant or above, and officers of the special operations 
division, are assigned shotguns. These officers are trained in 
the use of the shotgun and required to requalify annually. 
In Kansas City, recruits are trained but not required to 
qualify with the shotgun. In Birmingham, officers must 
qualify twice a year. In Indianapolis, officers are taught to 
fire a shotgun from the hip and practice by firing 25 rounds 
at clay pigeons (in skeet-shooting style), a practice intro­
duced some years ago by FBI instructors to develop instinct 
shooting, target identification, and accuracy with moving 
targets.

Since Portland police began carrying shotguns in cars 
on a regular basis, all officers are trained in shotgun use 
and required to requalify annually at the range. In addition, 
precinct and division commanders are required to conduct 
shotgun training every three months for all assigned offi­
cers. Range training and proficiency testing are augmented 
by classroom exercises related to actual incidents.
FIELD TRAINING

Even among recruits in the training academy, there is 
peer pressure to reject official policy— particularly any pol­
icy that threatens to turn an officer into a “social worker” or 
a “bleeding heart.” Some street-wise instructors make it 
clear by facial expression or tone of voice, even as they 
teach the elements of department policy, that recruits will 
learn the real story later. Of course, some degree of conflict 
is inevitable between the values of the training academy 
and the rules of the street. But the conflict can be reduced 
if, first, the academy avoids teaching unrealistic or unat-

112

IG IO



rii’'i‘f̂>'isi

S5£SS~=SSai
“’ '  & t ' 7 o t  the seven sample cities have e s t a ^

nrocedures The California Commission on Peace uince 
Standards and Training (POST) has developed a checkhst- 
Wpe of field training guide that includes a number of items 
rdating to officer safety and the use of deadly force.

i n - s e r v i c e  a n d  a d v a n c e d  o f f i c e r  t r a i n i n g

All of the seven sample departments address the use of 
deadty force in some way during advanced officer tra.nmg

s l l i i s s lDetroit and Portland, officers engage in training exercises 
1 i-in<r harricaded-gunman and hostage situations.

" ■ " t  o f i T a n  S  day of the week-long trainrng is 
devoted to officer safety. Included are the tape

“  c e m S  about striking a  balance between an officers

te taeen  a  storm trooper and a  superhumamstic cop, he

“ ’'"'Most departments make an effort to use roll call time 
for in-service training. Sergeants orsrrt?e‘̂ :eTrryiris".sr;\ mon^

113

m

1611



I* M I  generally not
very high. No one has the time nor the inclination to do
much preparing for these sessions: thus the instructor may 
feeling^ word-for-word and with little

OaWand uses roll call sessions to publicize and discuss 
noteworthy incidents; after such an incident, a deputy chief 
wi 1 take a copy of the radio transmission tape and splice in
n llv ^ /  / .1 The resulting tape will then be
p ayed at roll call for several days running. Not only is this

 ̂training technique, but it also helps

ra S llH n c irn f"" ^
In addition to their role in formal in-service training 

lieutenants have a continuing responsibility 
for communicating department policies to those in their

superior officers’ training 
lletin puts It. In practice, lower-level supervisors tend to 

be preoccupied with paperwork, and when they teach policy 
It is usually only after a flagrant violation. This situating 
can change only if sergeants and lieutenants are given 
specific training assignments in areas such as the use of 

e-^ample, to conduct regular roll call discussions of 
incTdente Potentially violent

Noten

ssiofi, "̂ 9Z-f9triinT’
2. James Ahern, Police in Trouble (New  York: Hawthorn, 1972):

instructional manuTl""A^void?^^Rpn'* Prepared an excellent 
teach officers how to n u n fm ^ r^ I intended to
which are generated in armed enco^intL^ ’ c'vilians

114

in 25 seconds 
50 yards; and 
fired within 5 
10-round PPG

-M icir.



which allows the shooter to fire the courae five times with the 
same amount of ammunition used in one 50-round course.
5. The N R A  National Police Course consists of a totaj of 60 
rounds: 12 in 25 seconds at the 7-yard line while kneeling IH 
rounds at 25 yards (within 90 seconds); 24 rounds at 5^ V'^^ds 

. (within 2 minutes, 45 seconds); and 6 rounds at 25 yards while in . 
r - standing position.

I C l - 115