[HISTORY: Adopted by the Town Board of the Town of Greenville 3-25-1987. Amendments noted where applicable.]
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.[1]
[1]
Editor's Note: Article 10.1:52 is available for inspection in the Town offices.
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.
A. 
Justification is a defense to a prosecution in which a person admits he has committed an offense involving the use of physical force against another person but states that he committed it under circumstances that were necessary and warranted by the Penal Law. If it is found that the circumstances of the occurrence did justify the person's actions, it should be found that he acted legally and he should be exonerated.
B. 
All references to the use of physical force in this chapter must be conditioned upon the premise that it is only to be used when and to the extent that it is reasonably believed to be necessary.
C. 
Justification is not a license to use physical force or deadly physical force, but it does provide defense for the reasonable and necessary use of such force.
D. 
The defense of justification is a defense rather than an affirmative defense, and as such the people have the burden of disproving such defense beyond a reasonable doubt.
E. 
Those actions of the defense of justification article of the Penal Law that are addressed to a person also apply to peace officers and police officers.
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.
PHYSICAL INJURY
A. 
Impairment of physical condition; or
B. 
Substantial pain.
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.
A. 
General use of physical force.
(1) 
A parent, guardian, teacher or other person entrusted with the care and supervision of a person under the age of 21 or an incompetent person, when necessary to maintain discipline or to promote the welfare of such person, may use physical force but not deadly physical force.
(2) 
The Board of Education is allowed wide discretion in controlling the administration of corporal punishment.
(3) 
A warden or other authorized official of a jail, prison or correctional institution, in order to maintain order and discipline, may use necessary physical force as authorized by the Correction Law.
(4) 
A bus driver, airline pilot, train conductor or anyone else responsible for the maintenance of order in a common carrier of passengers may use:
(a) 
Physical force when necessary to maintain order.
(b) 
Deadly physical force when necessary to prevent death or serious physical injury.
(5) 
A person acting under a reasonable belief that another person is about to commit suicide or inflict serious physical injury upon himself may use physical force upon such person when necessary to prevent such result.
(6) 
A licensed physician or a person acting under his direction may use physical force for the purpose of administering a recognized form of treatment which he reasonably believes to be adapted to promoting the physical or mental health of the patient:
(a) 
If the patient gives his consent or, if the patient is under the age of 18 years or an incompetent person, with the consent of his parent, guardian or other person entrusted with his care and supervision; or
(b) 
If the treatment is administered in an emergency when the physician reasonably believes that no one competent to consent can be consulted and that a reasonable person, wishing to safeguard the welfare of the patient, would consent.
B. 
Use of physical force in defense of a person.
(1) 
A person may use physical force upon another person when and to the extent he reasonably believes such to be necessary to defend himself or a third person from the use or imminent use of unlawful physical force by such other person, unless: such other person's conduct was provoked by the actor's intent to cause physical injury to another; or the physical force involved is the product of a combat by agreement not specifically authorized by law; or the actor was the initial aggressor, except that physical force is nevertheless justifiable if he has withdrawn from the encounter and effectively communicated such withdrawal to such other person but the latter persists in using or threatening the imminent use of unlawful physical force.
(2) 
A person may not use deadly physical force upon another person under circumstances described in Subsection B(1) unless:
(a) 
He reasonably believes that such other person is using or about to use deadly physical force. Even in such case, however, he may not use deadly physical force if he knows that he can with complete safety to himself and others avoid the necessity of doing so by retreating, except that he is under no duty to retreat if he is in his dwelling and not the initial aggressor; or he is a police officer or peace officer or a person assisting a police officer or peace officer at that officer's direction;
(b) 
He reasonably believes that such other person is committing or attempting to commit a kidnapping, forcible rape, forcible sodomy or robbery; or
(c) 
He is the owner or someone licensed or privileged to be in a dwelling or an occupied building and he reasonably believes that another person is committing or attempting to commit a burglary therein.
C. 
Use of physical force in defense of premises and in defense of a person in the course of a burglary.[1]
(1) 
Any person may use physical force other than deadly physical force when necessary to prevent or terminate the commission or attempted commission of a crime involving damage to premises. He may use deadly physical force when necessary to prevent or terminate the commission of arson.
(2) 
A person in possession or control of premises or licensed or privileged to be thereon or therein, including police officers and peace officers in performance of their duties:
(a) 
May use physical force, other than deadly physical force, when necessary to prevent or terminate the commission or attempted commission of criminal trespass; and
(b) 
May use deadly physical force when necessary to prevent or terminate the commission or attempted commission of arson or burglary, when the premises is a dwelling or occupied building.
[1]
Editor's Note: See also Penal Law § 35.20, Subdivision 4.
D. 
Use of physical force to prevent or terminate larceny or criminal mischief. A person may use physical force, other than deadly physical force, upon another person when he reasonably believes such to be necessary to prevent or terminate the commission or attempted commission by such other person of larceny or criminal mischief of property other than premises. (This section is directed toward the use of physical force by a person who is not present in or defending a dwelling or other premises and who is not in fear of physical injury.)
E. 
Use of physical force in resisting arrest prohibited.
(1) 
A person may not use physical force to resist an arrest, whether authorized or unauthorized, which is being effected or attempted by a police officer or peace officer when it would reasonably appear that the latter is a police officer or peace officer.
(2) 
Such a person may, however, seek redress in the courts if the officer was in error and the arrest was unauthorized. (See Part 1, Article 3; Civil Liability of Police Officers, available in the Town offices.)
F. 
Use of physical force in making an arrest or preventing an escape.
(1) 
A police officer or peace officer effecting an arrest or preventing the escape from custody of a person whom he reasonably believes to have committed an offense may use physical force to the extent that he reasonably believes such to be necessary to effect the arrest or prevent the escape of such person; or to defend himself or a third person from the use or imminent use of physical force; except that he may use deadly physical force for such purposes only when he reasonably believes that the offense committed was:
(a) 
A felony or attempt to commit a felony involving the use or threatened imminent use of physical force against a person;
(b) 
Burglary in the first degree, arson, kidnapping, escape in the first degree or any attempt to commit such a crime; or
(c) 
A felony and in resisting arrest or attempting to escape from custody such person is armed with a firearm or deadly weapon.
(2) 
Regardless of the particular offense which is the subject of the arrest or attempted escape, the police officer or peace officer may use deadly physical force to defend himself or another from what he reasonably believes to be the use or imminent use of deadly physical force.
(3) 
A person when directed by a police officer or peace officer to assist in affecting an authorized arrest or preventing an escape from custody:
(a) 
May use physical force when necessary to carry out such officer's direction; and
(b) 
May use deadly physical force under such circumstances when:
[1] 
Necessary to defend himself or another from the imminent use of deadly physical force; or
[2] 
Directed by the police officer or peace officer to use deadly physical force (unless he knows that the officer is not authorized to use deadly physical force in that instance).
(4) 
A private person, acting on his own:
(a) 
May use physical force upon another person when and to the extent that he reasonably believes such to be necessary to effect an arrest or to prevent the escape from custody of a person who he reasonably believes to have committed an offense and who in fact has committed such offense; and
(b) 
May use deadly physical force when necessary to defend himself or a third person from what he reasonably believes to be the use or imminent use of deadly physical force; or arrest a person who has committed murder, manslaughter in the first degree, robbery, forcible rape or forcible sodomy and is in immediate flight therefrom.
(5) 
A guard, police officer or peace officer who is charged with the duty of guarding prisoners in a detention facility or while in transit to or from a detention facility may use physical force to the extent that he reasonably believes it necessary to prevent the escape of a prisoner.
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:
(1) 
Murder.
(2) 
Robbery.
(3) 
Manslaughter in the first degree.
(4) 
Rape (forcible).
(5) 
Sodomy (forcible).
Remember MR and MRS.
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.
(2) 
Robbery.
(3) 
Burglary (of a dwelling or occupied building when licensed or privileged to be therein).
(4) 
Arson.
(5) 
Rape (forcible).
(6) 
Kidnapping.
(7) 
Sodomy (forcible).
Remember DR BARKS.
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.
(b) 
Arson.
(c) 
Kidnapping.
(d) 
Escape in the first degree.
Remember BAKE.
(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. 
Patrol vehicles should be checked at the start of each shift. Do not assume that the vehicle is in satisfactory condition.
B. 
Check all lighting equipment, all emergency equipment, siren, engine oil, transmission fluid, battery, radiator and gasoline levels, tire pressure and condition (including spare), lug wrench, jack, windshield wipers and windshield washer fluid level.
C. 
Check the body of the vehicle for damaged or missing parts. Report discrepancies to your supervisor.
D. 
At the end of your shift, leave the vehicle in optimum condition for emergency use by the next officer.
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:
A. 
Obey traffic laws.
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.
A. 
Understand that pursuit driving at high speeds is inherently dangerous to you, to the occupants of the pursued vehicle and others. It can result in a serous accident causing deaths, injuries and the destruction of patrol vehicles. A reckless disregard for the safety of others may subject you, as the pursuit driver, to criminal charges or a civil damages lawsuit.
B. 
In deciding whether to pursue a vehicle, use good judgment and carefully consider the following factors in evaluating whether the risks of the pursuit are warranted:
(1) 
Availability of alternate means to stop a vehicle or apprehend a suspect(s):
(a) 
A roadblock could be established.
(b) 
You may have sufficient information to secure an arrest warrant for later execution.
(2) 
The safety of other motorists and pedestrians.
(3) 
The nature of the offense:
(a) 
A traffic infraction alone does not justify the risks of a high-speed pursuit.
(b) 
If an occupant of the fleeing vehicle is known to be wanted for a felony or a serious misdemeanor, high-speed pursuit may be justified.
(4) 
The road and weather conditions (dry, wet, icy, etc.).
(5) 
The traffic conditions (heavy or sparse).
(6) 
The time of day or night.
(7) 
The kind of vehicle involved.
(8) 
Your knowledge of the area.
(9) 
The population density of the area.
C. 
Except in an extreme emergency, do not pursue a vehicle when you are transporting passengers or prisoners.
D. 
When you decide to pursue:
(1) 
Use all emergency lights and the siren.
(2) 
Attempt to obtain a physical description of the driver and the vehicle.
(3) 
Notify the desk officer of the pursuit and keep him informed of your location, direction of travel and all other pertinent information.
E. 
During the pursuit:
(1) 
Attempt to keep the vehicle in sight.
(2) 
Continually reevaluate the risks of continuing the pursuit. If at some point you consider the risk to be unacceptable, terminate the pursuit.
(3) 
Unless it is absolutely necessary, avoid physical contact with pursued vehicle.
(4) 
Do not fire a weapon from or at a moving vehicle unless the occupants of the other vehicle are using deadly physical force against you or another person by means other than the vehicle.
(5) 
Be alert to the possibility that the driver may deliberately abandon his vehicle in your path or attempt to run you off the road.
(6) 
Do not drive your patrol vehicle under full acceleration for long periods without periodically releasing the accelerator. This action will bathe the pistons, rings and cylinders in oil.
F. 
The desk officer should:
(1) 
Discontinue other nonemergency activities, and assist the officer pursuing the vehicle.
(2) 
Immediately notify an on-duty supervisor so that he can monitor the pursuit situation.
(3) 
Consider establishing roadblocks to stop the pursued vehicle and thereby end the pursuit.
G. 
The supervisor should:
(1) 
Monitor the pursuit situation.
(2) 
If continued pursuit is considered to be necessary, limit the number of vehicles assisting in the pursuit operation to avoid heightening the risks.
(3) 
If the situation and circumstances do not warrant continued pursuit, order the officer(s) to terminate it.
[1]
Editor's Note: The Town of Greenville has a policy of no pursuit under any circumstances. Penalty for pursuit will be dismissal.