As law enforcement officers sworn to protect life and property,
to prevent crime and apprehend offenders, we must constantly be aware
of the sanctity of human life. Therefore, the guidelines listed below
have been developed to make it incumbent on an officer to use good
judgment before using his firearm, not to restrict him from properly
performing his duty. The guidelines have been prepared to avoid unnecessary
shooting incidents and consequently to protect life and property.
The following guidelines have been prepared to help police officers
understand what is allowable by this Department in regard to use of
deadly physical force to protect life and property. As police officers,
we know that we are governed by what is stated in Article 35 of the
New York State Penal Law about defense of justification. However,
we are incorporating the United States Supreme Court ruling that deadly
physical force may not be used to effect the arrest of an unarmed,
nondangerous, fleeing felon. The following is to be the policy for
the Sag Harbor Police Department:
A. In all cases, only the minimum amount of force will be used which
is consistent with the accomplishment of a mission.
B. The firearm shall be viewed as a defensive weapon, not a tool of
apprehension.
C. Every other reasonable alternative means will be utilized before
a police officer resorts to the use of his firearm.
D. Deadly physical force.
(1)
Deadly physical force shall not be used to effect the arrest
of a fleeing felon unless the officer has probable cause to believe
that:
(a)
Deadly physical force was used or threatened by the perpetrator;
(b)
The perpetrator caused serious physical injury; or
(c)
The perpetrator is armed with a deadly weapon.
(2)
In addition, Department policy would prohibit the use of deadly
force unless all of the following factors are present:
(a)
The police officer must have probable cause based upon knowledge
of the crime involved and the surrounding circumstances.
(b)
The police officer has probable cause to believe that the fleeing
felon poses an immediate threat of serious physical injury to the
officer or has probable cause to believe that failure to apprehend
the fleeing felon poses a threat of serious physical injury to others.
(c)
Reasonable means to apprehend the perpetrator other than use
of a firearm are not available.
E. Deadly physical force shall not be used to effect an arrest or prevent
or terminate a felony unless the officer has probable cause to believe
that the victim may be killed or seriously injured and there is no
other reasonable means to effect the arrest or prevent or terminate
the felony other than by deadly physical force.
F. A police officer may use deadly physical force upon another person
when he reasonably believes that such other person is using or about
to use deadly physical force against the officer or a third person.
G. The firing of warning shots is prohibited.
H. The discharging of a firearm to summon assistance is prohibited,
except where someone's safety is endangered.
I. Discharging a firearm from or at a moving vehicle is prohibited,
unless the occupants of the other vehicle are using deadly physical
force against the officer or another by means other than the vehicle.
J. The discharge of a firearm at dogs or other animals should be an
action employed only when no other means to bring the animal under
control exists.
K. In carrying your weapon, extreme safety should be utilized.
L. Deadly physical force should be used only as a last resort.
No unauthorized weapon will be carried by a police officer commonly
known as "throw down" or "throw aways." If such weapon is found in
possession of an officer, immediate disciplinary action will be taken.