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.
A. 
When a member discharges his firearm, on or off duty, he will notify the Chief of Police or next in command immediately or the Police Commissioner.
B. 
Officers discharging a weapon, accidentally or intentionally, shall file a written report immediately.
C. 
Investigation of the above incident will be by the Chief of Police and whomever he assigns.
A. 
All incidents will be investigated by the Chief of Police or next in command. In the absence of the Chief, it may be accomplished by the Police Commissioner.
B. 
Investigation shall consist of the following procedures but is not limited to the same:
(1) 
Respond to scene and determine if the discharge resulted in personal injury or property damage.
(2) 
Interview and take written statements from:
(a) 
The officer involved.
(b) 
Witnesses.
(c) 
Other persons involved.
C. 
Secure firearm(s) involved in the incident. Serial numbers must be checked. Rounds discharged must be determined, and unspent cartridges must be secured.
D. 
All spent cartridges must be accounted for. If the subject is wounded, we must know exactly where and by how many bullets. If possible, pictures should be taken of the wounded person, either at the scene or at the hospital.
E. 
The entire scene of the incident should be photographed.
F. 
When compiling data, investigation must reflect if the officer stayed within Department policy in using his weapon. He must also have a weapon approved by the Police Department with proper ammo for the same.
G. 
The entire incident will be typed on a supplementary report and signed for possible presentation at a Grand Jury proceeding or a Departmental hearing.
A. 
Only weapons issued by the Department or approved by the Chief of Police will be carried by members of the police.
B. 
If an officer should lose a weapon, he will immediately notify the Chief of Police and put the same in writing.
A. 
The individual assigned to a weapon is responsible for the same; that is to say he is held liable for its safety at home as well as on the job.
B. 
If a repair is to be made, it will be done so by an authorized gunsmith and through the Department.
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.