(A) Policy.
(1) Because persons are victims of violent crimes and police officers performing their duties are confronted with deadly force, it will be necessary for police officers to be armed in such a manner as to protect both society and themselves. Therefore, the policy of the Police Department regarding the use of firearms or other deadly force by police officers, whether on duty or off duty, is that an officer will fire his or her weapon at another person only when lawfully justified; when the need to do so is strong and compelling; and only as a last resort.
(2) The following procedures are guidelines to assist police officers in reaching the proper decision when faced with a deadly force situation.
(B) Procedure. Police officers are permitted to fire their weapons under the following conditions:
(1) At targets at an approved and safe shooting range;
(2) For practice in a safe manner, in areas where shooting a weapon would not be in direct violation of the law;
(3) At an animal that appears vicious or mad, and cannot in any other manner be prevented from injuring or killing a person or persons;
(4) In order to destroy an animal that appears to be suffering from an apparently fatal wound or sickness. However, the officer should first make a reasonable attempt to contact and obtain consent from the animal’s owner;
(5) In self-defense, when the officer by careful and proper use of his or her facilities and in good faith believes and has reasonable cause to believe, that he or she is in imminent danger of death or great bodily harm and his or her only means of escape from danger is to take the life of his or her attacker. It is important that the attacker has all the following elements:
(a) Ability or apparent ability;
(b) Opportunity; and
(c) The police officer is in jeopardy.
(6) In defense of another person, when the person being defended would be justified in using deadly force to defend himself or herself.
(C) Rule.
(1) An officer of the Police Department is not justified in the use of deadly force to protect himself, herself or others from assaults which will not result or appear to result in death or severe bodily harm.
(2) Shots will not be fired at a person on the mere suspicion that a crime was committed, no matter how serious the suspected crime. An officer should have witnessed the crime or should have probable cause to believe that the suspect committed a crime for which the use of deadly force to apprehend the suspect is permitted.
(a) Shots may be fired at another person to effect an arrest or to prevent the escape from custody of a person whom the officer reasonably believes has committed a felony involving the use or threatened use of deadly force (e.g., homicide, armed robbery, armed burglary, armed kidnapping, felonious rape and arson).
(b) Shots may be fired if a person is attempting to escape by the use of a deadly weapon, or the escaping person indicates he or she, if allowed to escape, would create a risk of killing or severely injuring another person.
(3) Justification for the use of deadly force must be limited to what reasonably appears to be the facts known or perceived by an officer at the time he decides to use deadly force.
(D) Reason. An officer is armed with a firearm to defend himself, herself and others against deadly force, or when it reasonably appears necessary to effect the arrest of a known, escaping felon. An officer shoots when it appears necessary to prevent the perpetrator from completing what he is attempting, or when the escape of the perpetrator would endanger other persons. When a weapon is discharged by an officer, it must be with the realization that the death of some person may occur even though the intent of the officer is to only stop or neutralize an armed aggressor.
(Prior Code, § 33.61)