The purpose of this policy is to establish a clearly defined policy for the use of force, including deadly force, which complies with the provisions of Chapter 5 of the Pennsylvania Crimes Code, and the Laws of the Commonwealth and United States. All sworn members of the Department are responsible for the review and knowledge of Title 18 of the Pennsylvania Crimes Code, Chapter 5, General Principles of Justification. Once a person is under control by an officer the amount of force being used must be terminated.
In making a lawful arrest, maintaining custody, recapturing prisoners, or restraining persons who are impeding arrest, officers are privileged to use only that amount of force they believe is reasonably necessary to accomplish their purpose, short of that which may cause death. An officer's decision to use force, and what level of force, must be appropriately based on the totality of the circumstance in any incident.
A. 
Communication. Communication of the officer's intent to arrest, restrain, or control a suspect is essential to gaining voluntary compliance. Communication with the suspect should continue, if possible, throughout the intervention options until the suspect is under the officer's control.
B. 
Empty hand control tactics. Empty hand control tactics may be used by officers to gain control of a suspect when communication alone will not accomplish the task. Choke holds are considered deadly force and shall not be used unless deadly force is justified. Officers shall summon EMS to evaluate a subject when empty hand control tactics are utilized, and the subject is injured or may have been injured.
C. 
Oleoresin capsicum (OC) and electronic immobilization devices. The use of OC spray or an electronic immobilization device will be considered equal in this next progressive step of the force continuum. Officer discretion in determining their use.
(1) 
OC spray.
(a) 
Only officers who have been trained in the use of OC spray shall be permitted to carry and use it. Officers may only carry OC spray that has been issued or approved by the Chief of Police. Only nonflammable OC spray may be carried by officers.
(b) 
After using OC spray and obtaining control of a suspect, officers shall make every reasonable effort to relieve the discomfort of the arrested person and any affected bystanders. Prompt medical attention shall be provided if necessary.
(2) 
Electronic immobilization devices. The use of electronic immobilization devices must comply with the applicable policy.
D. 
Collapsible baton. The primary purpose for these weapons is to provide officers with a means of fending off or subduing an unarmed assailant and should not be relied on to overcome an armed attack. Considered intermediate defensive weapons, they may be used to subdue violently resisting subjects. However, all officers must realize that blows delivered directly to the head could prove fatal and, as such, may only be administered where use of deadly force is justified. Blows delivered to other vulnerable body areas are deemed more effective. The baton may also be used as a means of restraint but when used as a choke hold could be fatal; and, as such, said holds are to be used only with extreme caution and only when the use of deadly force is justified. The baton will at no time be used to strike a handcuffed individual or person properly secured and will not be used as a threatening or intimidating agent.
E. 
Deadly force.
(1) 
A "peace officer" (law enforcement officer) as defined in Chapter 5 of the Pennsylvania Crimes Code (18 Pa.C.S.A. § 501) shall only utilize deadly force when necessary and justified to effect lawful objectives in conformance with the provisions of the Pennsylvania Crimes Code, statutory provisions or state or federal law.
(2) 
Deadly force may be used to apprehend a fleeing felon only if all other means to effect an arrest have been exhausted and the officer reasonably believes that the escape of the felon will present an imminent threat to his/her or someone else's life. Mere suspicion that the person committed a felony is insufficient to warrant the use of deadly force. The officer must have knowledge that the felony was committed and that the person fleeing arrest committed it. Officers shall not fire warning shots to effect an arrest or halt a fleeing suspect.
(3) 
Deadly force may be used to apprehend a fleeing felon only if all other means to effect an arrest have been exhausted and the officer reasonably believes that the escape of the felon will present an imminent threat to his/her or someone else's life. Mere suspicion that the person committed a felony is insufficient to warrant the use of deadly force. The officer must have knowledge that the felony was committed and that the person fleeing arrest committed it. Officers shall not fire warning shots to effect an arrest or halt a fleeing suspect.
(4) 
Deadly force shall not be employed to apprehend a fleeing misdemeanor.
(5) 
In effecting a lawful arrest for a felony or misdemeanor, only that amount of force necessary to ensure safe custody or overcoming resistance to arrest will be justified.
(6) 
In any situation where an officer is otherwise acting lawfully, s/he is justified in using deadly force in defense to protect himself/herself or a member of the public from death or serious bodily injury.
(7) 
Shooting at or from a moving vehicle shall be avoided except under the most serious or extreme circumstances due to the increased likelihood of an errant shot.
(8) 
In cases in which a police officer discharges a firearm with the intent to employ deadly force and the incident is related to or is a result of the commission of a crime, the officer shall not be responsible for the investigation and subsequent arrest of the perpetrator. However, if an immediate on-scene arrest is necessary, the officer is responsible for making such arrest. Thereafter, the Department shall follow all requirements of the Officer-Involved Shooting Policy.
(9) 
Officers shall exercise caution at all times in handling and displaying firearms in any place, whether public or private. Except for official purposes such as training, inspecting, securing or cleaning, firearms shall not be handled or displayed. Firearms, whether loaded or unloaded, shall not be aimed at any person, except as necessary in the line of duty. Any use of a firearm must be totally justified and in strict accordance with departmental policy.
(10) 
In cases in which a police officer discharges a firearm with the intent to employ deadly force and the incident is related to or is a result of the commission of a crime, the officer shall not be responsible for the investigation and subsequent arrest of the perpetrator. However, if an immediate on-scene arrest is necessary, the officer is responsible for making such arrest. The chief of police or his designee will determine who shall be responsible for the investigation of the crime.
This policy will be subject to periodic review and, if need be, amended to comply with rules and regulations promulgated by the Legislature of the Commonwealth of Pennsylvania. This policy in its current form complies with the rules set forth for use of force by law enforcement as provided in Sections 505, 506 and 508 of the Crimes Code of Pennsylvania, as amended.[1]
[1]
Editor's Note: See 18 Pa.C.S.A. §§ 505, 506 and 508.