(A) Policy.
(1) The use of physical force by law enforcement officers has been granted by the Revised Nebraska State Statutes with certain restrictions. This authority is one which is constantly under scrutiny and is directly responsible for a growing number of civil suits against police officers and the agencies they represent.
(2) At times, members of the Police Department are confronted with situations where control by force is required to effect arrests or to protect public safety. All officers should first attempt to achieve control though advisement, warnings, persuasion, or in cases where appropriate, to retreat and contain. However, in situations where resistance to police action or a threat to life is encountered and reasonable alternatives have been exhausted or would be clearly ineffective, physical force may be used. The type and degree of force used will be reasonable and based upon the circumstances of the situation. Only that force which is reasonable and necessary to accomplish a police function shall be applied. All force used by an officer to gain control of a situation will cease immediately upon the accomplishment of the police function. The use of excessive force either lethal or non-lethal, will not be tolerated by this Department. Any officer in performing a police function shall adhere to the policy of this Department pertaining to the use of force. This policy is without exception.
(B) Lethal force. Shall mean force used with the purpose of causing or which will create a substantial risk of causing death or serious bodily harm. The discharge of a firearm will be considered to be use of lethal force, however, lethal force can also be expanded to include the use of non-lethal weapons and force, if the intent in their use is to cause serious bodily harm.
(1) It shall be the policy of the Police Department that all officers shall exhaust every other reasonable means before resorting to the use of firearms. An officer may discharge his or her firearm when it reasonably appears to be the only remaining means in the following situations:
(a) In the defense of the life of the officer or another person;
(b) To prevent the commission of a dangerous felony such as murder, rape, armed robbery, and first degree arson; or
(c) In affecting an arrest where the resistance and struggle has reached a state where it is endangering the life of the officer or any other person.
(2) A police officer may never fire upon a person who is called upon to halt upon mere suspicion and who, without making resistance, simply runs or drives away to avoid arrest for a misdemeanor or for the violation of city ordinance. There is always the danger of injuring innocent persons when firing a weapon and officers are admonished to always use the utmost caution when it lawfully becomes necessary to fire.
(3) An officer may draw his or her firearm and hold it in readiness when engaged in the performance of his or her duties or in imminent peril or danger of his or her own life or the life of some other person. Officers shall never display firearms unnecessarily or draw them in any public place except for official use or inspection. In effecting the arrest of felony offenders, the officer may display a weapon for the purpose of obtaining and maintaining control.
(4) Warning shots fired into the air or ground in an attempt to cause a fleeing suspect to stop or surrender are a danger to innocent citizens and officers are prohibited except in the following situations:
(a) Shots fired intended to stop a threatened felonious attack upon an officer or innocent victim; or
(b) Shots fired for the purpose of summoning aid when more conventional communication is not effective or available and the safety of other persons is considered.
(5) The use of firearms to kill animals which are seriously injured or pose a real threat to the safety of humans may be approved by a supervisor when no other disposition is practical and the safety of people has been given prime consideration.
(6) Officers should never surrender their firearms unless as a last resort and only after using every tactical means at their disposal. Surrender of a weapon rarely de-escalates a serious situation and can, in fact, put an officer and innocent persons in greater jeopardy.
(C) Non-lethal force. Is that force which is intended to control a situation or overcome physical resistance an Officer may encounter when attempting to carry out a police function. Its use is preferable only to lethal force and should only be used after all other reasonable alternatives have been exhausted or would be clearly ineffective.
(D) Notification of use of force. When an officer uses force that results in the death or injury requiring medical attention of another person, the officer shall immediately notify his or her supervisor and the Chief of Police. The officer shall then prepare a letter explaining the circumstances involving the use of force and direct the letter to the Chief of Police.
(1) Any time an officer discharges a firearm in the line of duty other than practice or qualification, the officer shall immediately notify his or her supervisor and the Chief of Police. The officer shall then prepare a letter explaining the circumstances related to the discharge of the firearm and direct the letter to the Chief of Police. The only exception to this is when an animal is destroyed that is seriously injured or poses a real threat to the safety of people. In such an instance, the officer shall prepare usual reports documenting the circumstances of the incident.
(2) All cases involving the use of force shall be reviewed by the Chief of Police or his or her designated representative and a determination made if the force used was appropriate or excessive. If the force used was justified, the investigation will be ended and documented as justified. If the force used is found to be excessive, the officer shall be subject to disciplinary action.
(3) All cases involving the use of force resulting in the death of a person will be investigated by a law enforcement agency to be determined by the County Attorney.
(Ord. 2016-O-019, passed 12-5-16)