HomeMy WebLinkAbout19-84 RESOLUTIONRESOLUTION NO. 19-84
A RESOLUTION AMENDING RESOLUTION NO. 91-82 TO AMEND
THE RULES AND REGULATIONS GOVERNING EMPLOYEES IN
THE FAYETTEVILLE POLICE DEPARTMENT PERTAINING TO THE
USE OF PHYSICAL FORCE IN MAKING AN ARREST OR IN PRE-
VENTING AN ESCAPE,
BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
That Resolution no. 91-82 is hereby amended by amending
Section 28 of the Rules and Regulations governing employees
in the Fayetteville Police Department approved by said resolu-
tion to read as set out in Exhibit "A" attached hereto and.
made.a part hereof.
PASSED AND APPROVED this' 7th day of February, 1984.
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APPROVED:
Mayor
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FAYETTEVILLE POLICE DEPARTMENT
P. 0. Box 4218
Fayetteville, Arkansas 72702
DEPARTMENT POLICY
USE OF PHYSICAL FORCE IN MAKING AN ARREST OR IN PREVENTING AN ESCAPE
1. A law enforcement officer is justified in using non -deadly
physical force, or threatening to use deadly force, upon another
person when he reasonably believes it necessary:
A. To effect an arrest or to prevent the escape from custody
of an arrested person unless the officer knows that the arrest is
unlawful; or
B. To defend himself or a third person from what he reasonably
believes to be the use or imminent use of physical force while
effecting or attempting to effect an arrest or while preventing or
attempting to prevent an escape.
• "Physical force" means any bodily impact, restraint, or
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confinement, or the threat thereof.
2. Use of deadly force by a member of this department against
a person is limited to the following:
A. To effect an arrest or to prevent the escape from custody
of an arrested person whom the officer reasonably believes:
(1) Has committed or attempted to commit a felony,
(2) Which involved the use or threatened use of deadly
force, and
The felon cannot otherwise be apprehended.
(3)
B. To effect an arrest or to prevent the escape from custody
of an arrested person whom the officer reasonably believes:
(1) Has
committed
or attempted to commit a felony,
(2) Would use deadly force if not immediately apprehended,
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and
(3) The
felon
cannot otherwise
be apprehended. .
C. To defend himself or a third person from what he
reasonably believes to be the use or imminent use of deadly force.
D. No deadly force may be used against an escaping
' misdemeanant.
E. The use of "warning shots" is prohibited.
"Deadly force" means physical force that under the circumstances
in which it is used is readily capable of causing death or serious
injury.
3. REPORT REQUIRED hTHEN FIREARM DISCHARGED: In every instance
where a police officer discharges a firearm, except where such
discharge is during practice on the firing range, the officer shall
file a written report with the Chief of Police as soon as possible
after the firearm is discharged. The report shall state all facts
which lead to the discharge of the firearm.
4. CARRYING FIREARM DURING NON -WORKING HOURS: A police officer
who carries a firearm before or after assigned working hours shall
conform his conduct to all departmental and civil service commission
rules and regulations and policies governing the conduct of a police
officer during assigned working hours.
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