Constables shall follow the policies and procedures outlined below.
The following rules for the proper use of firearms will be adhered to:
A. Unauthorized use of firearms will be cause for disciplinary
action.
B. No officer shall fire so-called "warning shots."
C. Dry firing or snapping the action of a firearm is forbidden
in or on any departmental premises, except when authorized during a firearms
training program.
D. No officer shall fire at a vehicle, conveyance or structure
when the identity of the occupants is not known to him, except in defense
of himself or others as permitted by law.
E. The responsibility for any use of a firearm shall be
borne by the officer who fires the weapon.
F. Officers shall discharge firearms only in self defense
or in defense of the life of another and always only to the extent permitted
by law. Firearms shall be fired only when their use is permitted by § 35.30
of the Penal Law or in accordance with the provisions of the Criminal Procedure
Law and Agriculture and Markets Law dealing with the destruction of animals.
G. Except as set out in Subsections
A,
D and
F, officers shall draw their firearm only for cleaning and official supervisory inspection or when, in the judgment of the officer to whom the firearm is assigned, readiness to fire is essential to the protection of life.
H. Only an officially approved revolver shall be carried
on and off duty and shall be of at least a .38 caliber.
I. Members shall be responsible for the security of their
firearm at all times.
J. While on duty, members shall wear their sidearms in the
prescribed manner.
K. Members shall report the loss or theft of a firearm capable
of being concealed on the person or the discharge of their weapon in accordance
with the provisions of Article 10.1:52.
L. Members shall qualify on the firing range at least once
a year in the use of their service revolver and department weapons. Such date
for qualifying will be set by the supervisor.
The following terms are important in understanding the defense of justification,
and for the purposes of this chapter shall have the meanings given herein:
DEADLY PHYSICAL FORCE
Physical force which, under the circumstances it is used, is readily
capable of causing death or serious physical injury.
PHYSICAL FORCE
Though not defined in the Penal Law, should be given its normal meaning,
including striking, pushing, shoving, etc., but not amounting to deadly physical
force.
REASONABLY
Not excessive or extreme; sound thinking; and within the bounds of
common sense.
SERIOUS PHYSICAL INJURY
Physical injury which creates a substantial risk of death or causes
death or serious and protracted disfigurement, protracted impairment of health
or protracted loss or impairment of the function of any body organ.
The use of deadly physical force is an act of such gravity that all
police officers and peace officers must understand when its use is justifiable.
To assist in this understanding, the justifiable uses of deadly physical force
are again presented. Acronyms that may help you in remembering when deadly
physical force is justifiable are provided.
A. A person (includes police officer and peace officer)
may use deadly physical force when necessary to arrest a person who has in
fact committed and is in immediate flight from the crime(s) of:
(3) Manslaughter in the first degree.
B. A person may also use deadly physical force when he is
properly directed to do so by a police officer or peace officer in assisting
such officer in effecting an arrest or preventing an escape from custody.
C. A person (includes police officer and peace officer)
may use deadly physical force when necessary to prevent or terminate:
(1) Deadly physical force being used or attempted by another
person. A civilian must retreat if possible except when in his dwelling or
at the direction of a police or peace officer.
(3) Burglary (of a dwelling or occupied building when licensed
or privileged to be therein).
D. A police officer or a peace officer may use deadly physical
force when necessary to effect the arrest or prevent the escape from custody
of a person, when the officer reasonably believes that the offense was:
(1) A felony or attempt to commit a felony involving the
use or attempted use of physical force against a person.
(2) The offense or attempted offense of:
(a) Burglary in the first degree.
(d) Escape in the first degree.
(3) A felony and, in resisting arrest or attempting to escape
from custody, such person is armed with a firearm or deadly weapon.
E. Regardless of the offense which is the subject of the
arrest or attempted escape, the use of deadly physical force authorized when
necessary to defend the police officer or peace officer or another person
from what the officer reasonably believes to be the use or imminent use of
deadly physical force.
A good defensive driver must anticipate the incorrect actions of pedestrians
and other motorists and be alert for the unexpected. He must adjust to variables
such as lighting, weather, road and traffic conditions. Adherence to the following
suggestions will contribute to sound defensive driving tactics:
B. Drive with common sense and courtesy.
C. Know the limitations of yourself and your vehicle.
D. Always keep your eyes moving, use your mirrors, aim high
in steering and be aware of the total traffic environment.
E. When stopping on a highway, attempt to get all four wheels
off the roadway.
F. Adjust your speed to traffic, visibility and weather
conditions. Rain can induce hydroplaning and new rain can create an oil slick
on the roadway.
G. Be prepared to take evasive action.
H. Follow at a safe distance and be ready for sudden stops
by other vehicles.
I. Always signal your intentions to other drivers.
J. Prepare early for turns and move into the proper lane.
K. When braking, consider the vehicles behind you. Slow
down gradually. Lightly tap the brake to warn them that you are slowing or
stopping.
L. Until they clearly indicate otherwise, assume that other
users of the highway do not see you and will not yield to you.
M. When stopped for a left turn, keep your wheels straight
until you start your turn, otherwise a collision to your rear may force you
into opposing traffic.
N. Watch for indications of parked cars pulling into your
path.
The basics of emergency driving are as follows:
A. Drive safely. Do not jeopardize your safety or that of
other motorists and pedestrians.
(1) Although the Vehicle and Traffic Law gives you certain
legal privileges during emergency driving, it does not permit you to operate
a vehicle in a dangerous or reckless manner.
(2) You cannot help anybody if you do not arrive at the scene
because you were involved in an accident.
B. Do not place total confidence in the emergency lights
and siren.
(1) Motorists may not see your emergency lights if you are
to close to them.
(2) Motorists may not hear your siren if they are listening
to a car radio, CB or stereo.
C. Do not drive to a point directly behind another vehicle
then suddenly sound the siren.
D. Do not pass on the right, unless you have no other choice
and you can do it safely.
E. Approach all intersections, railroad crossings and other
hazardous areas cautiously. Avoid passing vehicles at intersections.
F. Give motorists an opportunity to yield to your patrol
vehicle.