HomeMy WebLinkAbout64-15 RESOLUTIONRESOLUTION NO. 64-15
A RESOLUTION TO APPROVE FAYETTEVILLE POLICE DEPARTMENT
POLICIES 1.2.1 LIMITS OF AUTHORITY; 1.3.1 USE OF FORCE; 1.3.4 LESS
LETHAL WEAPONS AND DEFENSIVE TACTICS; 46.1.10 ACTIVE
THREATS; 48.1.1 NEXT OF KIN NOTIFICATIONS/ASSISTANCE
SERVICES; AND 71.1.1 DETAINEE TRANSPORT
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby approves
Fayetteville Police Department policies 1.2.1 Limits of Authority; 1.3.1 Use of Force; 1.3.4 Less
Lethal Weapons and Defensive Tactics; 46.1.10 Active Threats; 48.1.1 Next of Kin
Notifications/Assistance Services; and 71.1.1 Detainee Transport.
PASSED and APPROVED this 17 1h day of March, 2015.
ATTEST:
By: A44 -I, , -r- J-Muy-
SONDRA E. SMITH, City Clerk/Treasurer
,I •���! 1 ! !~ISI 11 S ►►1��''
City of Fayetteville, Arkansas 113 West Mountain Street
Fayetteville, AR 72701
+ L , 479-575-8323
Text File
File Number: 2015-0111
Agenda Date: 3/17/2015 Version: 1 Status: Agenda Ready
In Control: City Council File Type: Resolution
Agenda Number: A.3
FAYETTEVILLE POLICE DEPARTMENT POLICIES:
A RESOLUTION TO APPROVE FAYETTEVILLE POLICE DEPARTMENT POLICIES 1.2.1
LIMITS OF AUTHORITY; 1.3.1 USE OF FORCE; 1.3.4 LESS LETHAL WEAPONS AND
DEFENSIVE TACTICS; 46.1.10 ACTIVE THREATS; 48. 1.1 NEXT OF KIN
NOTIFICATIONS/ASSISTANCE SERVICES; AND 71.1.1 DETAINEE TRANSPORT
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE,
ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby approves Fayetteville
Police Department policies 1.2.1 Limits of Authority; 1.3.1 Use of Force; 1.3.4 Less Lethal Weapons
and Defensive Tactics; 46.1.10 Active Threats; 48. 1.1 Next of Kin Notifications/Assistance Services;
and 71.1.1 Detainee Transport.
City of Fayetteville, Arkansas Page 1 Printed on 311212015
City of Fayetteville Staff Review Form
2015-0111
Legistar File ID
3/17/2015
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
Greg Tabor, Chief of Police 2/20/2015 Police /
Police Department
Submitted By Submitted Date Division / Department
Action Recommendation:
Council approves resolution adopting Fayetteville Police Polices 1.2.1, Limits of Authority; 1.3.1, Use of Force; 1.3.4,
Less Lethal Weapons and Defensive Tactics; 46.1.10, Active Threats; 48.1.1, Next of Kin Notifications / Assistance
Services; and 71.1.1, Detainee Transportation.
Budget Impact:
Account Number
Project Number
Budgeted Item? NA Current Budget
Funds Obligated
Current Balance
Fund
Project Title
r$ -
Does item have a cost? NA Item Cost
Budget Adjustment Attached? NA Budget Adjustment
Remaining Budget l
V20140710
Previous Ordinance or Resolution #I
Original Contract Number:
Comments:
Approval Date: S,14AY
CITY OF
Tay% Ile
ARKANSAS
MEETING OF MARCH 17, 2015
TO: Mayor and City Council
FROM: Greg Tabor, Chief of Police
PATE: February 20, 2015
SUBJECT: Police Department Policy
CITY COUNCIL AGENDA MEMO
RECOMMENDATION:
Council approves resolution adopting Fayetteville Police Policies 1.2.1, Limits of Authority;
1.3.1, Use of Force; 1.3.4, Less Lethal Weapons and Defensive Tactics; 46.1.10, Active
Threats; 48.1.1, Next of Kin Notifications / Assistance Services; and 71.1.1, Detainee
Transportation.
BACKGROUND:
The Fayetteville Police Department is currently in the process of reviewing policies and updating
as necessary to conform to current practices and to comply with accreditation standards.
Policies 46.1.10, Active Threats, and 48.1.1, Next of Kin Notifications / Assistance Services, are
new policies. Policy 1.2.1, Limits of Authority, is an existing policy that was approved by the
council on May 1, 2012. Policy 1.3.1, Use of Force, is an existing policy that was approved by
the council on November 8, 2012. Policy 1.3.4, Less Lethal Weapons and Defensive Tactics, is
an existing policy that was approved by the council on June 7, 2011.
DISCUSSION:
Policy 46.1.10, Active Threats, and Policy 48.1.1, Next of Kin Notifications / Assistance
Services, are new policies that address new accreditation standards. The remaining three
policies are existing policies that contain changes to comply with directives written during our
accreditation process. Other changes to these policies were made to comply with state
standards and current practices of the department. All changes are highlighted.
BUDGET/STAFF IMPACT:
These policies will not have any impact on budget or staff.
Attachments:
Fayetteville Police Policy 1.2.1, Limits of Authority
Fayetteville Police Policy 1.3.1, Use of Force
Fayetteville Police Policy 1.3.4, Less Lethal Weapons and Defensive Tactics
Fayetteville Police Policy 46.1.10, Active Threats
Fayetteville Police Policy 48.1.1, Next of Kin Notifications / Assistance Services
Fayetteville Police Policy 71.1.1, Detainee Transportation
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
FAYETTEVILLE POLICE DEPARTMENT
FAYETTEVILLE, ARKANSAS
POLICIES, PROCEDURES, AND RULES
Effective Date:
Subject: 1.2.1 Limits of Authority May 1, 2012
Reference: 41.2.7, 71.1.1 Version: 1
CALEA: 1.1.3, 1.1.4, 1.2.1, 1.2.2, 1.2.4, 1.2.5, 1.2.6, 1.2.7, 1.3.5, No. Pages: 9
11.3.1, 22.2.7
I. Purpose
The purpose of this policy is to outline the limits of law enforcement authority delegated to
officers of the Fayetteville Police Department pertaining to the enforcement of laws, statutes and
ordinances within their jurisdiction.
It also defines circumstances and establishes limits involving officer discretion and provides
guidelines for exercising such discretion utilizing alternatives to arrest and/or pre -arraignment
confinement.
II. Definitions
Arrest: Arrest is the taking of a person into custody, the purpose of which is to restrain the
accused until he can be held accountable for the offense at court proceedings.
Probable Cause: Probable cause has been interpreted as facts and circumstances that amount to
more than mere suspicion but less than proof beyond a reasonable doubt that would lead a
prudent person to believe a crime has been committed or is about to be committed.
Felony: A felony is a serious offense, which carries a penalty of incarceration usually for one
year or more. Persons convicted of felony offenses lose certain rights such as the right to vote,
hold an elective office of federal government position or maintain certain licenses.
Misdemeanor: A misdemeanor is a less serious offense punishable by incarceration for not
more than one year in a county jail or fine or similar penalty.
Off -Duty: For the purposes of this section, officers are considered to be "off -duty" when not
working in furtherance of departmental objectives during regularly scheduled hours or other
hours as required by a police supervisor or court order.
III. Policy
A. JURISDICTION AND STATUTORY AUTHORITY
1.2.1 Limits of Authority Page 1 of 9
1. Officers of the Fayetteville Police Department shall have within the corporate limits
of the City of Fayetteville all the powers invested in law enforcement officers as
described under Arkansas Code Annotated 14-52-203 [CALEA 1.2.1, 1.2.2],
[CALEA 11.3.1 a.].
2. Officers shall also have the power to serve all civil and criminal process that may be
directed to them by any officer of the court and enforce the ordinances and
regulations of the city as the city council may direct.
3. In addition to their authority within the corporate limits, officers shall have all the
powers invested in law enforcement officers by the Arkansas Constitution, State
statutes and the Rules of Criminal Procedure.
4. An officer outside his or her jurisdiction may affect an arrest without a warrant upon
having both probable cause and the request or permission of the agency having
jurisdiction. Upon doing so, the officer must notify the law enforcement agency
having jurisdiction as soon as practicable and relinquish custody of the suspect to
that agency as described under Arkansas Code Annotated 16-81-106.
5. An officer pursuing an offender outside the corporate limits or extraterritorial
jurisdiction of the city shall be entitled to all privileges, immunities and benefits to
which he would be entitled if acting within the city, including coverage under the
worker's compensation laws.
6. Each employee of the department is accountable for the use of delegated authority
invested by statute [CALEA 11.3.1 b.].
B. ARREST AUTHORITY
An officer may affect an arrest if there is probable cause to believe a person has
committed an offense as it is defined in the Arkansas Criminal Code. Probable cause is
the legal requirement for an arrest [CALEA 1.2.5].
1. An arrest occurs when the following conditions exist:
a. The officer believes that sufficient legal evidence exists that a crime is
being committed, and intends to restrain the suspect;
b. The officer deprives the individual of his liberty; and
c. The suspect believes he or she is in custody of the police and cannot
voluntarily leave.
2. An arrest can be initiated with or without a warrant and must be based on
probable cause.
a. Arrest Pursuant to Warrant — An arrest warrant issued by the court
determines an arrest should be made and directs the police to bring the
named person before court.
(1) An officer having a warrant in possession may arrest the person
named on or described in the warrant at any time and at any place
within the jurisdiction of the City of Fayetteville.
(2) An officer, who has knowledge that a warrant for arrest has been
issued and has not been executed, but who does not have the warrant
1.2.1 Limits of Authority Page 2 of 9
in his possession, may arrest the person named in the warrant
according to Arkansas State Law.
a. The officer must inform the person arrested of the existing
warrant, and
b. The officer must serve the warrant on the person as soon as
possible.
b. Arrest Without a Warrant — According to Rule 4 of the Arkansas Court
Rules of Criminal Proceedings, a law enforcement officer may arrest a
person without a warrant if the officer has reasonable cause to believe that
such person has committed [CALEA 1.2.5]:
(1) a felony;
(2) domestic violence; as further detailed in FPD 1.2.4, Domestic
Violence
(3) a traffic offense involving:
a. death or physical injury to a person; or
b. damage to property; or
c. driving a vehicle while under the influence of intoxicants or
narcotics;
(4) Any violation of law in the officer's presence.
(5) A private person may make an arrest where he has reasonable
grounds for believing the person arrested has committed a felony.
(6) It is not necessary that an officer or citizen be able to articulate the
specific offense at the time of the arrest.
(7) A warrant -less arrest by an officer not personally possessed of
information sufficient to constitute reasonable cause is valid where
the arresting officer is instructed to make the arrest by a police
agency, which collectively possesses knowledge sufficient to
constitute reasonable cause.
(8) In the case of a misdemeanor, probable cause as well as the
officer's presence at the time of the offense is required, with the
following exceptions:
a. The officer believes the suspect may cause physical injury to
self or others, or damage to property unless immediately
arrested (see ACA 16-81-113) and Domestic Abuse Act as
defined by Arkansas State Law.
b. The suspect has committed the offense of shoplifting when the
officer, merchant or merchant's employee who has observed
the person accused of shoplifting shall provide a written
statement which shall serve as probable cause to justify the
arrest (See ACA 5-36-116).
c. The officer has reason to believe the suspect will not be
apprehended unless immediately arrested.
3. Upon making an arrest, an officer must:
1.2.1 Limits of Authority Page 3 of 9
a. Identify himself as a law enforcement officer unless his identity is
otherwise apparent;
b. Inform the arrested person that he is under arrest; and
c. As promptly as is reasonable under the circumstances, inform the
arrested person of the cause of the arrest, unless the cause appears to be
evident.
4. An arrest is complete when:
a. The person submits to the control of the arresting officer who has
indicated his intention to arrest, or
b. The arresting officer, with intent to make an arrest, takes a person into
custody by the use of physical force.
5. An officer may enter private premises or vehicles to effect an arrest when:
a. The officer has in his possession a warrant or order for arrest of a
person or is authorized to arrest a person without a warrant or order
having been issued;
b. The officer has reasonable cause to believe the person to be arrested is
present, and
c. The officer has given, or made reasonable effort to give notice of his
authority and purpose to an occupant thereof, unless there is reasonable
cause to believe the giving of such notice would present a clear danger.
6. Arrest for Serious Crime — When an officer arrests a person for a serious crime, the
officer shall advise the supervisor on duty and a determination will be made if the
detective Criminal Investigation Division shall be notified of the arrest for further
interviewing and investigation.
7. Arrest of Military Deserter — Officers with probable cause that a person is a
military deserter may arrest that person and arrange as soon as possible to release
the person to the proper military authority.
Arrest of Injured Person — Upon arresting a person who has been injured, or is
injured during the arrest process, the officer shall conduct an assessment of the
injury based on visual and/or verbal clues of the person and/or injury. In doing so,
the officer shall [CALEA 1.3.5]:
a. Transport the person for normal booking procedures if the injury is
apparently non -debilitating and not life threatening.
b. Request for Emergency Medical Services to respond to the scene if the
injury appears to be life threatening or debilitating.
c. Not transport the person to a medical facility if the injury is life
threatening or debilitating unless exigent circumstances exist. Further
reference may be made to FPD 71.1.1, Detainee Transportation.
9. Arrest of Unconscious or Semiconscious Person — Whenever an officer arrests an
individual who is unconscious, semiconscious, or otherwise apparently suffering
I.2.1 Limits of Authority Page 4 of 9
from some disabling condition, and who is unable to provide information on the
causes of the condition, the officer should make a reasonable effort to determine if
the person arrested is wearing a bracelet or necklace containing the Medic Alert
Foundation's emergency alert symbol to indicate that the person suffers from
diabetes, epilepsy, cardiac condition or any other form of illness which would
cause a loss of consciousness. If such a symbol is found indicating that the person
being arrested suffers from one of those conditions, the officer must make a
reasonable effort to have appropriate medical care provided.
10. Arrest of Foreign Nationals — Whenever a foreign national is arrested or detained
in the United States, there are legal requirements contained in the Vienna
Convention on Consular Relations to ensure that the foreign national's government
can offer him/her appropriate consular assistance. In all cases the foreign national
must be told of the right of consular notification and access. According to the
Department of State, this requirement applies even if the foreign national is not in
the United States legally. A list of contact information for embassies and
consulates within the United States is available in the squad room and the
Washington County Detention Center.
In some cases, mandatory notification must be made to the nearest consulate or
embassy without delay, or within the time specified in a bilateral agreement
between the United States and the foreign national's country, regardless of
whether the foreign national request such notification. If the foreign national's
country is on the list of mandatory notification countries, notify that country's
nearest consular official, without delay, of the arrest/detention. A list of the
mandatory notification countries is available in the squad room and the
Washington County Detention Center.
Privacy concerns or the possibility that a foreign national may have a legitimate
fear of persecution or other mistreatment by his/her government may exist in
some mandatory notification cases. The notification process should still be
honored, but it is possible to take precautions regarding disclosure of information.
The State Department should be consulted in these situations. Under no
circumstances should any information indicating that a foreign national may have
applied for asylum in the United States or elsewhere be disclosed to that person's
government.
It is the responsibility of the arresting officer, not the detaining facility, to notify
the arrested person's nearest consular official. It is also the arresting officer's
responsibility to inform the arrestee notification has been made. A form
documenting arrest notification that can be sent via FAX is available in the
squadroom and the Washington County Detention Center. A copy of this
notification process should be attached to the arrest report [CALEA 1.1.4].
11. Misuse of Arrest Authority — Officers of the Fayetteville Police Department shall
not misuse the arrest authority that has been delegated to them.
1.2.1 Limits of Authority Page 5 of 9
C. USE OF DISCRETION AND ALTERNATIVES TO ARREST
The Chief of Police shall determine what measures (policies and procedures) shall be
enforced to influence officer discretion at the operative level of patrol.
Officers are encouraged to be sensitive to cues as the probability of clearance, witness
identification, victim prosecution and other factors when making arrests, issuing
citations or other law enforcement activities.
In the instances of lesser violations, the officer may weigh the seriousness of the offense
and the surrounding circumstances and choose an alternative to arrest. The proper
exercise of discretion does not relieve the officer of his responsibility to conduct a
thorough investigation [CALEA 1.2.7].
1. Alternatives to Arrest [CALEA 1.2.6]
a. Issuance of a citation or criminal summons (when the district judge
determines the offense to be citable) which would allow the arrested
person to appear in court on his/her own recognizance.
b. Informal resolution; or
c. Warnings.
2. At his discretion, an officer may assist, as an alternative to arrest and
incarceration, an individual found intoxicated in a public place by taking the
following actions [CALEA 1.2.7]:
a. The officer may transport the intoxicated individual home;
b. The officer may transport the intoxicated individual to the residence of
another individual willing to accept him/her;
c. The officer may transport the intoxicated individual to a public or
private shelter facility if the individual is apparently in need of and
unable to provide for himself food, clothing or shelter but not in need of
medical care;
d. The officer may transport the intoxicated individual to a medical facility
if it is apparent the individual is in need of but unable to provide for
himself immediate medical care.
3. Criminal justice and social services programs are available resources that
should be considered and utilized when possible. Officers should carefully weigh
the available options in any given situation; supervisory consultation may be
necessary. Diversion programs available may include, but are not limited to
[CALEA 1.1.3]:
(1) Juvenile offender diversions via the Juvenile Division of he
Fourth Judicial Circuit Court
(2) Fourth Judicial District Victim's Rights Advocate
(3) The Fayetteville Women's Shelter
(4) Northwest Arkansas Rape Crisis Center
(5) Salvation Army
1.2.1 Limits of Authority Page 6 of 9
(6) Local churches and homeless shelters
(7) Local mental health facilities (See FPD 41.2.7)
D. OFF -DUTY ARREST
Officers of the Fayetteville Police Department have liability protection for on -duty and
off -duty performance of official duties. This protection does not extend to willful acts to
cause injury, to damage or to those actions that the police officer knew, or reasonably
should have known, were in conflict with the established policies of this department.
1. When off -duty and within legal jurisdiction of this department, a police officer
may make an arrest when:
a. There is an immediate need for the prevention of bodily injury or
property loss/damage or apprehension of a suspect;
b. The arresting officer is in possession of appropriate police
identification.
2. Off -duty officers shall not enforce minor traffic offenses or utilize personal
vehicles to pursue or attempt the apprehension of persons.
a. Off -duty officers may cautiously follow suspects to obtain vehicle and
suspect descriptions or destinations, but officers must realize there is no
authorization under state law or departmental policy to violate traffic
laws while operating a private vehicle.
b. If an off -duty arrest is made, the off -duty officer shall abide by all
departmental policies and procedures and shall notify an on -duty
supervisor of the circumstances of the arrest and complete any
documentation required by procedure.
c. No prisoner or arrestee, under any circumstances, shall be transported in
a privately owned vehicle.
E. POST ARREST PROTOCOL
The Chief of Police, state law requirements, and jail procedures will dictate what protocol
will be followed post -arrest pertaining to preparing reports, fingerprinting, and
photographing.
1. For probable cause arrests made by officers that do not include warrants issued by a
judge, officers will complete a preliminary report as part of the booking process as
well as an arrest incident report in the police department's reporting system. If the
arrest also includes a criminal offense involving a victim, the officer will complete
that part of the report as well as the suspect's arrest report [CALEA 1.2.5 a.].
2. Fayetteville Police Department is responsible for the fingerprinting and
photographing of arrested subjects per state law requirements. Per Arkansas 12-12-
1006, immediately following an arrest for an offense, a law enforcement official at
the receiving criminal detention facility shall take, or cause to be taken, the
fingerprints and a photograph of the arrested person if the offense is a felony or a
Class A misdemeanor. When the first appearance of a defendant in court is caused
by a citation or summons for an offense, a law enforcement official at the receiving
facility shall take, or cause to be taken, the fingerprints and a photograph of the
1.2.1 Limits of Authority Page 7 of 9
arrested person when the offense is a felony or a Class A misdemeanor. While this
policy does allow officers to utilize discretion as to whether or not a physical arrest
is made or a citation is issued for a Class A misdemeanor, the District Court Judge
may provide a list of offenses that will require a physical arrest for certain offenses.
Juvenile post arrest requirements are set forth in A.C.A. 9-27-320. For juvenile
arrest procedures and protocols, see Juvenile Operations 44.1.1.
F. Personnel Identification Measures
The following will govern identification requirements of all police department personnel
[CALEA 22.2.7]:
1. All personnel will be issued an identification card with their photograph that is
required to be carried and accessible while the employee is on duty [CALEA 22.2.7
b.].
2. All employees shall be able to display their identification card upon a reasonable
and safe request. Sworn personnel should display this in the accompaniment of their
issued badge. Exceptions to this display are when necessary during the performance
of police duties at an incident where the officer's status is obvious or in a required
undercover capacity where doing so would jeopardize the mission of the operation
or the officer's cover [CALEA 22.2.7 a.].
3. In cases where an officer is unable to show identification during an incident, that
officer should make every attempt to show his credentials to the requesting party
once the scene is secured [CALEA 22.2.7 a.].
4. All officers including uniformed officers should have access to their full credentials
while on duty for cases where additional credential checks may he required.
Exceptions to this requirement may occur in undercover assignments [CALEA
22.2.7 a.].
5. In the course of conducting official department business over the telephone, all
employees should identify themselves by title, department, and name. Should the
other party question the department employee's credibility, the employee should
welcome the other party to verify their identity. The employee should suggest the
other party may hang up and call the Fayetteville Police -Department for verification
through Dispatch. Employees may provide the other party with the telephone
number and tell the other party they are welcome to look up the phone number
independently [CALEA 22.2.7 c.].
5. The issuance of identification shall be considered a standard procedure. A record
will be maintained documenting the date of issuance, the person issuing, and the
person issued. Employees will be expected to maintain their identification in a
professional manner. Lost or stolen identification cards shall be reported to the
immediate supervisor.
1.2.1 Limits of Authority Page 8 of 9
7. Upon separation of employment, the employee shall relinquish his or her
identification card to police personnel.
1.2.1 Limits of Authority Page 9 of 9
FAYETTEVILLE POLICE DEPARTMENT
FAYETTEVILLE, ARKANSAS
POLICIES, PROCEDURES, AND RULES
Subject: 1.3.1 Use of Force
Effective Date:
November 8, 2012
Reference: 1.3.4, 41.3.5, General Orders 13, 14, 23, 29, 32
Version: 1
CALEA: 1.3
No. Pages: 8
I. PURPOSE
The purpose of this directive is to state the Fayetteville Police Department policy regarding the
use of force, including deadly force, less lethal force and defensive tactics.
II. DISCUSSION
The value of human life is immeasurable in our society. Police officers have been delegated the
awesome responsibility to protect life and property and apprehend criminal offenders. The
apprehension of criminal offenders and protection of property must at all times be secondary to
the protection of life. The officer's responsibility for protecting life must include his own.
III. DEFINITIONS
Deadly Force — Deadly force is that force which may cause death or grave injury or which
creates some specified degree of risk that a reasonable and prudent person would consider likely
to cause death or grave injury.
Physical Force — Physical force is any bodily impact, restraint, confinement or the threat thereof.
Reasonable Belief — Reasonable belief is fact or circumstances the officers knows, or should
know, are such as to cause an ordinary and prudent person to act or think in a similar way under
similar circumstances.
Serious Physical Injury — Serious physical injury is bodily injury that creates a substantial risk of
death; cause serious, permanent disfigurement; or results in a long-term loss or impairment of the
functioning of any bodily member or organ.
IV. POLICY
It shall be the policy of the Fayetteville Police Department that its officers shall not use more
force in any situation than is reasonably necessary under the circumstances. [CALEA 1.3.1 ]
1.3.1 Use of Force Page 1 of 9
Officers of the Fayetteville Police Department shall only carry fireat '►s, less -lethal weapons, and
ammunition issued to them, -or approved, by the Fayetteville. Police Department while on duty.
While working off duty assignments that have potential for police action, officers shall only
carry firearms, less -lethal weapons and ammunition issued to them, or approved, by the
Fayetteville Police Department [CALEA 1.3.9].
A. Use of Deadly Force
1. An officer may use deadly force to protect him/her or others if he/she has reasonable
belief of immediate threat of death or serious physical injury [CALEA 1.3.2].
2. The use of deadly force should be prohibited in the apprehension of misdemeanants,
since the value of human life far outweighs the gravity of a misdemeanor offense.
3. Deadly force shall never be used on mere suspicion that a crime, no matter how
serious, was committed or that the person being pursued committed the crime. An
officer shall either have witnessed the crime or have sufficient information to know,
as a virtual certainty, that the suspect committed an offense for which the use of
deadly force is permissible.
4. Officers shall not be permitted to fire at felony suspects when the officer believes that
the suspect can be apprehended reasonably soon thereafter without the use of deadly
force or when there is substantial danger to innocent bystanders. Although the
requirement of using lesser force, when possible, is a legal rule, the other limitations
are based on sound public policy. To risk the life of innocent persons for the purpose
of apprehending a felon cannot be justified.
5. Officers shall not discharge a firearm at or from a moving vehicle except as the
ultimate measure of self-defense or defense of another person.
6. Officers shall not fire their weapons to kill, but rather to stop and incapacitate an
assailant from completing a potentially deadly act. For maximum stopping
effectiveness and minimal danger to innocent bystanders, the officer should shoot at
"center body mass."
7. An officer may use deadly force to effect the capture or prevent the escape if the
officer reasonably believes that the suspect has committed a felony involving the use
or threatened use of deadly force and the officer has probable cause to believe that the
suspect poses a significant threat of death or serious physical injury to the officer or
others.
8. In order to protect the community's interest when employees may have exceeded the
scope of their authority in their actions or in their use of deadly force and to shield
employees who have not exceeded the scope of their authority from possible
confrontations with the community, employees whose actions or use of force in an
official capacity results in death or serious physical injury shall be relieved from line -
duty assignment pending administrative review. This shall include all employees, is
not limited to shootings, and will include incidents such as a fatal or serious physical
injury motor vehicle collisions involving gib employees [CALEA 1.3.8].
9. The killing of an animal is justified by the following conditions:
a. For self-defense, to prevent injury to an officer or another, or when the animal is
so badly injured that humanity requires its relief from further. suffering.
1.3.1 Use of Force Page 2 of 9
c. The destruction of vicious animals should be guided by the same rules set forth
for self-defense and safety of others.
d. A Use of Force Report and memorandum to the officer's direct supervisor
shall be completed when an animal is killed for the self-defense of officers or
safety of others.
e. A seriously wounded or injured animal may be destroyed upon approval from a
supervisor, and only a Use of Force Report is required.
B. Use of Physical Force and Less -Lethal Weapons
All police officers of the Fayetteville Police Department are directed to obtain defensive
tactics training and certification to carry and use the departmental authorized less -lethal
weapons. Officers will be issued copies of 1.3.1 and will be instructed in this policy
[CALEA 1.3.12]. Defensive tactics and less -lethal weapons provide officers with additional
use of force options for gaining compliance of resistant or aggressive individuals in arrest
and other enforcement situations that occur in the line of duty.
It shall be the policy of the Fayetteville Police Department that officers use defensive tactics
and less -lethal weapons when warranted, but only in accordance with guidelines set forth in
section 1.3.4.
All departmentally approved less -lethal devices are deployed as additional police tools and
are not intended to replace firearms or self-defense techniques. Officers choosing to use
these devices should not compromise their safety.
C. Firearms
1. Issuance of "Use of Force" policy: All officers of the Fayetteville Police Department
shall be issued individual copies of and receive instruction on the department's policy
regarding use of deadly force prior to being issued a firearm [CALEA 1.3.12].
Officers will receive in-service training on the department's use of force policy on an
annual basis [CALEA 1.3.11].
2. Proficiency in Use of Agency -Authorized Firearms: Qualification with the issued
handgun service -weapon is an essential job function of a Fayetteville Police Officer.
Failure to qualify may result in the imposition of discipline, up to and including
termination of employment. Additionally, failure to qualify with any other
department -approved weapon would prohibit that officer from being allowed to carry
that particular weapon [CALEA 1.3.10]. An Arkansas Commission on Law
Enforcement Standards and Training (CLEST) certified weapons instructor shall
conduct training and qualification [CALEA 1.3.11 a].
a. Officers shall qualify with the issued handgun serviee four times each year, at
least one of which will meet a CLEST approved (ALETA) Standard Qualification
Course of Fire for one target [CALEA 1.3.11 b.].
b. On all other qualification relays, officers shall qualify with a score equal to or
better than the established standard set by the Chief of Police in consultation with
the Firearms Instructor.
1.3.1 Use of Force Page 3 of 9
c. Officers certified on the department approved shotgun or rifle shall qualify
annually on a CLEST approved course.
d. All firearms training and qualification scores, including remedial training if
necessary, will be documented and maintained by the Firearms Division until an
officer separates from the department [CALEA 1.3.11 b].
1) An officer who fails to qualify with his/her issued handgun, shotgun, or
rifle after two consecutive attempts shall be referred for immediate
remedial training by a certified firearms instructor.
2) The firearms instructor providing the remedial training shall notify the
officer's immediate supervisor and the Chief of Police in the event the
officer is still unable to qualify at the conclusion of the extra training
session.
a) Upon notification an officer has failed to qualify with their
issued handgun, the supervisor shall immediately relieve the
unqualified officer of the issued handgun and patrol duty, with
pay. The unqualified officer will be directed to report to the
Training Division the next working day for additional remedial
training. The officer's authority to carry a firearm shall remain
revoked until such time as the officer qualifies or that the
determination is made that the officer is not responding to further
3.
4.
training [CALEA 1.3.11 c].
b) Upon notification an officer has failed to qualify with a shotgun
or rifle, the officer's authority to carry the firearm shall remain
revoked until such time the officer qualifies. It shall be the
responsibility of the officer to schedule additional remedial
training and qualifications.
e. Any officer who fails to qualify with their issued handgun, and receives remedial
training more than once during a calendar year, shall be subject to disciplinary
action. If an unqualified officer does not satisfactorily respond to remedial
training and remains unqualified, the Chief of Police shall be notified in writing.
f. Officers shall attain and demonstrate knowledge of the laws concerning the use of
firearms and be familiar with and recognize safe -handling procedures for the use
of these weapons.
g. Any officer returning to duty after an absence exceeding three months shall report
to the Training Division for remedial training and a CLEST approved
qualification prior to being permitted to return to full duty.
Except for general maintenance, storage or authorized training, officers shall not draw
or exhibit their firearm unless circumstances create strong reasonable cause to believe
that it may be necessary to lawfully use the weapon in conformance with other
sections of this policy.
Warning Shots: Officers are not justified in using a firearm to fire a warning shot for
any purpose. Warning shots endanger the lives of innocent bystanders and may also
prompt a suspect to return fire [CALEA 1.3.3].
Off -Duty Possession of Weapons: It shall be the policy of the Fayetteville Police
Department to permit full-time sworn members of the department to possess and
carry a concealed weapon while off -duty within the corporate limits of Fayetteville.
Officers should also be aware that Federal Law, known as the Law Enforcement
1.3.1 Use of Force Page 4 of 9
Officers Safety Act of 2004, provides certified law enforcement officers with the
right to carry a concealed firearm in any jurisdiction of the United States.
a. Officers are not required to carry a weapon while off -duty but may do so at their
option.
b. Officers exercising the option to carry a weapon while off -duty are authorized to
carry their issued weapon.
c. Authorization for officers to carry weapons while off -duty shall be subject to the
following conditions:
1) Officers will be required to have in their possession the department -issued
badge and official identification card.
2) Officers in plain clothes wearing their firearms exposed to the public view
shall display their department badge near the firearm in a manner that is
clearly visible to the public unless special circumstances exist.
3) Officers who choose to carry a weapon other than one issued by the police
department shall qualify to demonstrate proficiency in the use of that
weapon on an annual basis at their own expense.
6. Department -Issued Weapons and Ammunition: Reference may be made to section
41.3.5 for specifications of department -issued weapons and ammunition.
a. All department -issued firearms will be inspected on an annual basis by a certified
armorer and must be approved by the armorer before being issued and/or carried
[CALEA 1.3.9 c,d,e].
1) The Firearms Division will maintain weapons inspections reports.
2) Firearms determined to be unsafe or irreparable by certified weapons
instructors or armorers shall immediately be removed from service with a
report indicating such status [CALEA_1.3..9 d.].
3) For weapons in need of repair, a certified armorer will make the decision
to repair the weapon or to send the weapon to the factory's certified repair
center [CALEA 1.3.9 d.].
4) The Firearms Division will maintain a record on all weapons in service to
include inspection date(s) and maintenance [CALEA 1.3.9 e.].
b. Officer Responsibility for Department -Issued Firearm:
1) Officers must take reasonable and adequate care of any firearm issued to
them.
2) In the event a firearm is lost, damaged, destroyed or stolen, the officer
may be subject to financial liability and/or dismissed if a preponderance of
evidence establishes negligence or willful destruction or damage of the
firearm by the officer.
3) Officers shall be responsible for reporting damaged or unsafe firearms to
the on -duty supervisor who will ensure unsafe firearms are removed from
service and the certified armorer is notified. Officers shall complete a
memorandum documenting the damaged or unsafe firearm to his
immediate supervisor to be forwarded through the chain of command, as
well as to the certified armorer [CALEA 1.3.9 d.].
4) In the event of the loss of department -issued firearm, the officer will
immediately notify the shift supervisor who will in turn notify the Chief of
Police. The supervisor will also notify local law enforcement authorities
1.3.1 Use of Force Page 5 of 9
of the firearm loss and ensure that the loss is reported through the
department's ACIC/NCIC terminal.
5) Officers may choose to leave their issued handgun(s) in their locked
lockers at the department. If officers choose to remove their issued
handgun(s) from the department while off duty, it is recommended they be
stored in a locked box, separate from the ammunition [CALEA 1.3.9 f].
Discharge of Weapon: If an officer, on or off duty, fires a department -issued weapon
while acting in his official capacity (except for training purposes such as range
qualifications) or in the event of an accidental discharge, the officer shall comply with
the following:
a. The officer who fired the weapon shall notify the shift supervisor as soon as
practicable after the firing has taken place.
b. The supervisor shall make a preliminary investigation each time an officer under
his command fires a weapon.
c. The supervisor shall cause a report to be filed immediately with the Chief of
Police regarding the firing of any weapon by police personnel [CALEA 1.3.6 a.].
d. If during the performance of duty or on any occasion an officer fires a weapon
and in doing so wounds or kills a suspect or perpetrator of a crime, the following
procedure is to be followed immediately:
I) Medical aid, to the extent possible, should be given to anyone injured
[CALEA 1.3.5].
2) The shift supervisor is to be notified immediately.
3) The shift supervisor will notify the Chief of Police through the chain of
command immediately.
4) A shooting team, the members of which will be designated by the Chief of
Police, will be called to the scene.
5) The shooting team will be responsible for conducting a thorough
investigation into the circumstances surrounding the shooting. The
shooting team will, at the conclusion of the investigation, submit a report
to the Chief of Police including relevant facts and circumstances
surrounding the incident and a conclusion as to whether the discharge
violates departmental policy.
6) The shooting team will be functioning with the full authority of the Chief
of Police. The team will be in complete control of the internal
investigation. All officers, including shift supervisors, shall give the team
their full cooperation. No one shall interfere with such an investigation.
e. If the facts of the incident support a conclusion that the shot was the result of
negligence, the officer shall be required to undergo firearms certification training
again.
h. Firearms - The Fayetteville Police Department authorizes the following weapons
and will govern proficiency requirements as follows for each weapon. Only
agency personnel demonstrating proficiency in the use of agency -authorized
weapons shall be approved to carry such weapons [CALEA 1.3.10]:
1.3.1 Use of Force Page 6 of 9
1) Each officer will be assigned and issued a handgun serviee weapon that
will be either the Glock model 35 .40 caliber semi -automatic pistol or the
Glock model 23-C .40 caliber semi -automatic pistol [CALEA 1.3.9 a.]:
a) Officers must meet the qualification standards for their issued
handgun serviceweapon as previously stated in this policy
[CALEA 1.3.11 b.].
2) The rifle will be an AR 15 type short barrel rifle (SBR 11.5 inch barrel) or
carbine (16 inch barrel) capable of semi -automatic fire in caliber 5.56 mm
(.223 caliber) magazine fed. This rifle will be either of the A2 type with
fixed carry handle with iron sights only, or the A3 flat top equipped with
an Eo-Tec holographic sight and co -witness flip up iron sights [CALEA
1.3.9 a.]:
a) The AR15 rifle will be authorized for Emergency Response
Team (ERT) members and for other selected sworn members of
the department.
b) AR 15 operators must successfully complete a patrol rifle
certification course approved by CLEST. will be certified by the
department minimumof 10 houro of training on the ARI5 type
ci€le-
aighta annually [CALEA 1.3.11 b.].
c) AR15 operators must pass a will be roquired annually to qualify
on a CLEST approved patrol rifle qualification course using both
types of sights annually [CALEA 1.3.11 b.].
3) Shotguns will be Remington 11-87 gas operated semi -automatic 12 gauge
shotguns. They will be either 14 inch barreled or 20 inch barreled. The
Remington 870 12 gauge pump action shotgun used by ERT may be
deployed using specialized ammunition as determined by the ERT Team
Commander [CALEA 1.3.9 a.]:
a) Shotguns will be authorized for ERT members and for sworn
officers.
b) Shotgun operators will have completed a shotgun certification
course approved by CLEST. 16 hour training couroc and be
c) Shotgun operators must pass a CLEST approved shotgun
qualification course annually [CALEA 1.311 b.].
4) Markomon Precision rifles will be either the Remington model 700 LTR
bolt action .308 caliber or the ARE 0 style Larue PredatOBR semi-
automatic, gas operated, magazine fed .308 caliber rifle [CALEA 1.3.9 a.]:
a) Markomen Precision rifles will be authorized for selected ERT
members.
b) Marksmen Precision rifle operators must successfully complete a
Sniper certification course approved by CLEST.
c) lei} Precision rifle operators must pass a CLEST
approved precision rifle qualification course annually will be
1.3.1 Use of Force Page 7 of 9
requirod annually, to qualify with.eohtyoof Marksmen
preuon rifle on a _ o€fire
[CALEA 1.3.11 b.].
5) Officers assigned to the 4th Judicial District Drug Task Force (DTF) will
be authorized to carry the Glock model 27 .40 caliber semi -automatic
pistol Snath aid We000n model 34Sshot epeeloi [CALEA
1.3.9 a.].
a) DTF officers issued this weapon will qualify annually on a
CLEST approved qualification course [CALEA 1.3.11 b.].
6) The aforementioned weapons when not in operation, other than
department issued handguns, must be locked and stored in approved
department arsenals or safes. While on duty, rifles and shotguns in
marked patrol vehicles shall be carried in approved locking mechanisms.
Officers will follow storage guidelines in this policy that apply to issued
handguns [CALEA 1.3.9 f.].
D. Use of Force Reports: The purpose of this section is to establish specific guidelines that
define the situation when a Use of Force Report must be completed. Not every touching
by an officer requires a report; circumstances that require a report are outlined in this
section [CALEA 1.3.6].
1. All officers are directed to complete a Use of Force Report when the following
criteria are met and turn it in to his supervisor before the end of his shift:
2. Situations that require supervisor notification and completion of the Use of Force
Report [Calea 1.3.6 b, c, d]:
a. An officer exercising police authority uses force which causes death or
any visible or apparent physical injury, or which results in the subject
saying that he or she was injured;
b. An officer exercising police authority uses any object including but not
limited to a hand, fist, foot or intermediate weapon to strike a blow to a
subject;
c. An officer exercising police authority bodily removes or drags a
struggling subject from one place to another, or forcibly places or keeps
a person in a prone position;
d. An officer exercising police authority uses force during or after which a
subject loses consciousness;
e. An officer uses any intermediate weapon;
f. An officer discharges a firearm, regardless of duty status and regardless
of whether the discharge was accidental or intentional. (Exception: range
activity and other lawful and safe target practice) [CALEA 1.3.6 a.];
g. An officer points a firearm at anyone.
3. Officers should photograph and document any injury, or reported injury, on the
Use of Force Report.
4. Use of Force Reports will be submitted by the shift supervisor to the
department's administration [CALEA 1.3.7]:
1.3.1 Use of Force Page 8 of 9
a. Each Use of Force Report will be reviewed by the division's
respective captain and by the Chiefs designated head of Office of
Professional Standards (OPS) [CALEA 1.3.7].
b. The designated head of OPS will conduct an annual review nnd
analysis of all Use of Force Reports, activities; policiies, and practices
and submit a report to the Chief of Police [CALEA 1.3.13].
1.3.1 Use of Force Page 9 of 9
FAYEITEVILLE POLICE DEPARTMENT
FAYETTEVILLE, ARKANSAS
POLICIES, PRO CED URES, AND R ULES
Subject: 1.3.4 Less -Lethal Weapons and Defensive Tactics
Effective Date:
June 7, 2011
Reference: 1.3.1, General Orders 13, 14, 23, 29, 32
Version: 1
CALEA: 1.3.4, 1.3.5, 1.3.6, 1.3.11
No. Pages: 5
I. PURPOSE
The purpose of this directive is to establish specific guidelines for the use of authorized less -
lethal weapons and defensive tactics[CALEA 1.3.4].
II. DISCUSSION
Defensive tactics and less -lethal weapons provide officers with additional use of force options
for gaining compliance of resistant or aggressive individuals in arrest and other enforcement
situations that occur in the line of duty.
III. POLICY
It shall be the policy of the Fayetteville Police Department that officers use defensive tactics and
less -lethal weapons when warranted, but only in accordance with the guidelines established in
this policy.
A. Defensive Tactics
The Use of Force Continuum is included as a guide in the appropriate use of force. It is
recognized that it cannot be rigidly applied in rapidly unfolding and fluid situations.
Officers should generally use the level of force that can reasonably be expected to
succeed in controlling the situation. Officers are not required to move in a hierarchical
fashion through all the levels of control, but instead, should use that level of force that is
appropriate and reasonable under existing circumstances [CALEA 1.3.1].
The force continuum contains areas of control, which will be used by an officer, and the
levels of resistance, which are used by the offender.
1. Levels of Control:
The department will instruct various defensive tactics techniques, which include
pressure point and ground fighting techniques to officers. Officers shall only use
authorized techniques they have been trained to use.
a. Officer Presence: The professional appearance and uniform of a
police officer.
1.3.4 Less -Lethal Weapons and Defensive Tactics Page 1 of 5
Verbal Direction: The appropriate verbal response and commands
used to attempt to direct the action of a suspect.
c. Empty Hand: Soft empty hand techniques are designed to control
passive or defensive resistance. They are used when verbal
direction/commands arc not effective and there is non-compliance with
lawful orders. Soft empty hand control techniques include strength
techniques, joint locks, pressure points or distraction techniques,
which are hand and leg strikes to specific motor nerve points.
d. Hard Empty Hand Control techniques are designed to control active
aggression, but can be used to control defensive resistance when lower
forms of control have failed or when the officer believes lower forms
of control will fail.
e. Intermediate Weapons: An intermediate weapon is any tool used when
empty hand control has been, or will likely be, ineffective or
dangerous for the officers to attempt, and deadly force is not justified.
Usage criteria for intermediate weapons is as follows:
(1) The use of any intermediate weapon is considered a use of force
and shall be deployed in a manner consistent with this agency's
use of force policy and in accordance with guidelines established
in this policy.
(2) An intermediate weapon may be used when:
(a) verbal dialogue has failed to bring about the subject's
compliance, and
(b) the subject has signaled an intention to actively resist
the officer's efforts to make the arrest, and
(c) the use of empty hand techniques has been, or will
likely be, ineffective or not reasonable under the
circumstances.
(d) when confronted with an aggressive animal.
(3) Whenever practical and reasonable, officers should issue a verbal
warning prior the use of an intermediate weapon.
(4) An officer may use deadly force to protect himself or others from
the use, or threatened use, of an intermediate weapon when the
officer reasonably believes that deadly force will be used against
him if he becomes incapacitated.
(5) An intermediate weapon is not designed, nor expected, to be used
in place of deadly force when deadly force is justified. The
1.3.4 Less -Lethal Weapons and Defensive Tactics Page 2 of 5
intermediate weapon is another tool in the use of force continuum
to assist in preventing injury to officers or others.
(6) Once a suspect is compliant, the use of an intermediate weapon is
no longer justified.
(7) If an intermediate weapon has been deployed, officers shall seek
appropriate medical aid and/or assistance if necessary. Reference
may be made to general orders specific to the less lethal weapon
[CALEA 1.3.5].
e. Deadly/lethal force: Force likely to cause death or serious physical
injury. Officers are authorized to use deadly force only when it is
reasonable and necessary to protect him/her or others if he/she has
reasonable belief of immediate threat of death or serious physical
injury.
2. Levels of Resistance:
a. Psychological Intimidation: The suspect attempts to intimidate the
officers psychologically. These are non-verbal cues such as suspect
attitude or physical appearance or physical readiness.
b. Passive Resistance: The suspect makes no attempt to fight the officer
or even pull away. He simply forces the officer to do all the work. An
example would be the protestor who causes the officer to pick him up
and carry him from the scene or the drunk driver who will not step
from the car but must be physically pulled out.
c. Verbal Non -Compliance: This includes verbal threats from the suspect
towards the officers. A suspect may not be resisting just by threatening
the officer but may simply refuse to comply with orders, be unwilling
to comply or ignore the officer completely
d. Defensive Resistance: The suspect performs actions that attempt to
prevent officers from controlling him, such as pulling away when
handcuffing is attempted. He may simply move away from the officer
or push the officer's hands away. The suspect makes no attempt to
harm the officer, just tries to defeat the arrest.
e. Active Aggression: The suspect attempts to harm the officer by
physical actions such as striking or kicking him.
f. Aggravated Aggression: The suspect is attempting to harm the officer
by use of a weapon or empty handed at a deadly force level.
3. De-escalation of Force:
1.3.4 Less -Lethal Weapons and Defensive Tactics Page 3 of 5
Officers must immediately de-escalate down to empty hands or verbal commands
after gaining compliance through the use of an intermediate weapon.
Officers, for their own protection, should understand and comply with the force
continuum.
4. Training:
Officers are only authorized to use to intermediate weapons, pressure points and
defensive tactics after they have received training and certification. must be
Officers are required to attend refresher training on handgun retention and PPCT
Tactics defensive tactics as scheduled by the Training Division.
B. Less -lethal Weapons
Less lethal weapons provide officers with additional use -of -force options for gaining
compliance of resistant or aggressive individuals in arrest and other enforcement
situations that occur in the line of duty. It is the policy of this department that officers
use less lethal weapons when warranted, but only in accordance with the guidelines
established in this policy. Less lethal weapons are not designed to be used in place of
deadly force when deadly force is justified. Less lethal weapons are other tools in the use -
of -force continuum to assist in preventing injury to officers and others. Officers of the
Fayetteville Police Department shall only carry € earm , less -lethal weapons, and
ammunition issued to them, or approved, by the Fayetteville Police Department while on
duty. While working off duty -& o working aoeeadnr. d. tr: '''• ji.,y ant
assignments that have the potential for police action, officers shall only carry €rearms,
less -lethal weapons and ammunition issued to them, or approved, by the Fayetteville
Police Department [CALEA 1.3.9]. The types and specifications of approved less -lethal
weapons and any corresponding ammunition will be governed by the department's
Approved Weapons and Ammunition List as maintained by the Administrative
Lieutenant [CALEA 1.3.9 a., b.].
All less lethal weapons shall be reviewed and inspected on an annual basis by a qualified
weapons instructor or armorer. All less lethal weapons must be deemed safe and
operational approved by the qualified weapons instructor or armorer before being issued
and/or carried [CALEA 1.3.9 c.]. Less lethal weapons determined to be unsafe by
qualified weapons instructors or armorers shall immediately be removed from service
[CALEA 1.3.9 d.].
The police department will maintain a record on all less lethal weapons in service to
include inspection date(s) and maintenance [CALEA 1.3.9 e.]. The department's Duty
Assignment List will document personnel responsible for maintenance and inspection of
less lethal weapons.
1.3.4 Less -Lethal Weapons and Defensive Tactics Page 4 of 5
Officers shall be responsible for reporting damaged. of unsafe .less lethal weapons to the
on -duty supervisor who will ensure unsafe less lethal weapons are removed from service:
Officers shall complete: a memorandum do txnantutg the damaged or unsafe less Iethal
weapon to his or her immediate supervisor. The supervisot shall -forward the
memorandum through the chain of command'• and also send a copy of the memorandum to
the qualified weapons instructor or aria: armorer listed on the department's Duty
Assignment. List. Before the repaired less lethal weapon is put back into service, it is
notiflod wilt be inspected: by ;.a and the responsible qualified weapons instructor or
armorer and deemed safe and operational [CA[EA1.3.9 d.].
Officers shall receive in-service refresher training, to include a review of FPD 1.3.1 and
1.3.4, on an annual basis [CALEA 1.3.12]. A certified weapons or tactics instructor will
conduct refresher training. The training division will maintain documentation of refresher
training. Remedial training, if necessary, will be given to any officer who is unable to
demonstrate knowledge and proficiency of less lethal weapons prior to resuming official
duties [CALEA 1.3.11].
1.3.4 Less -Lethal Weapons and Defensive Tactics Page 5 of 5
FAYETTEVILLE POLICE DEPARTMENT
FAYETTEVILLE, ARKANSAS
POLICIES, PROCEDURES, AND R ULES
Subject: 46.1.10 Active Threats
Effective Date:
Pending, 2014
Reference: 41.2.17, 46.1.2, 46.2.1, 47.1.3, 54.1.1
Version: 1
CALEA: 46.1.10
No. Pages: 3
I. PURPOSE
The purpose of this policy is to state the guidelines for response to active threats.
II. POLICY
Situations involving active threats are serious in nature and can occur in any environment. This
may include such settings as educational campuses, malls, businesses, special events, and the
general workplace. The Fayetteville Police Department is committed to responding to active
threats and to eliminating them as quickly as possible. These are situations that require
immediate deployment and rapid intervention of patrol personnel prior to the arrival of any
secondary units.
III. DEFINITIONS
A. Active Threat: For the purposes of this policy, an active threat is defined as any deliberate
incident that poses an immediate or imminent danger to others. Although these events
often involve the use of firearms by perpetrators, they may also involve the use of other
types of weapons or implements with the intent to cause harm.
IV. PROCEDURES
A. Response to threats when lives are in immediate danger [CALEA 46.1.10 c.]
Response will be immediate to an active threat when an event is on -going and the
suspect(s) are actively engaged in causing death or serious bodily injury. These
situations include, but are not limited to:
a. An active shooter;
b. An attack with edged weapon(s);
Responding officers should quickly assess and respond to the situation as follows:
a. Gather information as rapidly as possible utilizing dispatched information,
working with other observers, and from personal observation;
b. The first responding officers should form a contact team and immediately move
towards any known suspects and:
(1) Continue past victim(s) to confront any active suspect(s);
(2) Continue past an unexploded device(s);
46.1.10 Active Threats Page 1 of 3
(3) Communicate progress to other responders;
(4) Contain, control, and arrest.
After the contact team deploys, the next arriving personnel should establish a
stationary command post, if possible, in order to work with other personnel:
a. Begin directing information to establish public notifications and to establish
containment;
b. Begin establishing and deploying rescue teams.
B. Public Notifications for awareness and safety [CALEA 46.1.10 a.]
During an active threat, supervisors shall determine if public notification in the form
of an emergency message is required for the awareness and safety of the public:
a. An emergency message may be directed during an active threat by any sworn
supervisor or by any dispatch supervisor;
b. Supervisors may initiate an emergency notification to the public in person, by
utilizing the news media, or by utilizing the City of Fayetteville's emergency alert
system, or any combination of these methods;
c. When the emergency system is deployed, dispatch protocols will be followed in
order that a systematic message is generated.
d. Sworn officers and dispatchers will assist as necessary with making required
notifications.
C. Notification of additional public safety departments and other resources [CALEA 46.1.10
b.]
1. During an active threat, supervisors shall determine what notifications need to be
made to additional public safety departments and other resources. All information for
additional notifications should be channeled through dispatch.
2. Dispatch will maintain emergency contact lists of a variety of additional resources.
3. Supervisors should make notifications to the following entities during an active threat
as needed:
a. EMS;
b. Fayetteville Fire Department;
c. Fayetteville Police ERT;
d. Fayetteville Police CNT;
e. Fayetteville Police Department PIO;
f. Fayetteville Police CID;
g. Washington County Emergency Manager;
h. HAZMAT Group;
i. Neighboring police agencies;
j. And other entities as required.
4. Notifications will primarily be made through dispatch utilizing dispatch protocols
where applicable.
D. Containment of the Incident [CALEA 46.1.10 d.]
1. As the incident permits, sworn supervisors will ensure containment of the incident to
prevent anyone from leaving or entering the perimeter.
46.1.10 Active Threats Page 2 of 3
2. Supervisors will ensure officers are assigned positions of observation where they can
control the entrance(s) and exit(s).
3. Officers positioned to maintain the perimeter should focus on the following:
a. Preventing suspects from leaving;
b. Prevention of additional suspects or bystanders from entering the perimeter;
c. Providing cover for incident personnel;
d. Diverting vehicle traffic from the perimeter;
e. Reporting observations that are key to terminating the active threat and for the
investigation.
E. Public Sheltering [CALEA 46.1.10 d.]
1. Sheltering needs have the potential to arise during an active threat.
2. When sheltering is required, dispatch will utilize the City of Fayetteville Emergency
Operations Plan:
a. The department will assess the needs for sheltering based on size and proximity to
the event and activate the appropriate shelter as quickly as possible.
b. Those in need of sheltering should be given the option to seek refuge in the
appointed shelter or to go to friends or families for sheltering.
F. Documented Annual Review of policy and training needs [CALEA 46.1.10 e.]
1. The patrol captain will be assigned to conduct an annual review of policy and training
needs related to Active Threat Response and will file the review with the Chief of
Police.
46.1.10 Active Threats Page 3 of 3
FAYE1'TEVILLE POLICE DEPARTMENT
FAYETTEVILLE, ARKANSAS
POLICIES, PROCEDURES, AND R ULES
Effective Date:
Subject: 48.1.1 Next of Kin Notifications/Assistance Services Unknown, 2014
Reference: FPD G.O. 21 Version: 1
CALEA: 22.2.4, 55.2.6 No. Pages: 2
I. Purpose
The purpose of this policy is to provide officers with direction in next of kin notifications.
II. Procedure
A. The following will govern the notification of next of kin and assistance provided to
family regarding line of duty deceased, seriously injured or seriously ill members of the
police department [CALEA 22.2.4]:
1. In most cases, notification shall be made in person by a member of the department's
administration with assistance of the department's chaplain. Depending on the
situation, a member of the department's administration may assign or allow another
sworn member of the department to make the notification or accompany during the
notification (FPD G.O. 21).
2. To the extent possible, the department shall utilize all resources available in providing
assistance and support to the employee's family at the hospital, during funeral and/or
criminal proceedings.
3. The department will keep in touch with the employee's family in order to be aware of
the family's needs.
4. Counseling and assistance with applicable benefits, legal and financial matters shall
be made available to employee's family members when necessary.
5. Fayetteville Police Department Administration should review resources related to line
of duty deaths periodically to ensure contact numbers and support information
remains up-to-date.
6. It will be the employees' responsibility to update their beneficiary form through the
City of Fayetteville Human Resources Division in compliance with A.C.A. 21-5-708.
B. The following will govern the notification of next -of -kin of deceased, seriously injured,
or seriously ill persons [CALEA 55.2.6]:
1. In cases where next -of -kin reside in the city limits of Fayetteville, prompt notification
should be made by Fayetteville officers.
2. Notifications should be done in person at the residence when applicable in a
professional manner. Officers should conduct themselves in a manner that reflects
compassion and dignity.
48.1.INext of Kin Notifications/ Assistance Services Page 1 of 2
3. When possible, assistance may be obtained from the clergy, close friend, or
department chaplain.
4. The Fayetteville Police Department will maintain a willingness to provide next -of -kin
notification requests from other departments in a prompt manner.
a. In the event the officer is unable to locate the subject of the notification, the
officer should make reasonable attempts for a later notification. Central Dispatch
Center should notify the requesting agency if the notification was successful or
not.
5. In an active Fayetteville Police case, where the next -of -kin is out of area, officers
should contact the corresponding law enforcement agency and request the notification
to be made by their department. On duty supervisors may authorize local out of
jurisdiction notifications when appropriate.
48.1,1 Next of Kin Notifications/ Assistance Services Page 2 of 2
FAYETTEVILLE POLICE DEPARTMENT
FAYETTEVILLE, ARKANSAS
POLICIES, PROCEDURES, AND RULES
Subject: 71.1.1 Detainee Transportation
Effective Date:
April 7, 2010
Reference: 42.1.3
Version: 1
CALEA: 70
No. Pages: 6
I. PURPOSE
The purpose of this directive is to establish Fayetteville Police Department policy for detainee
transportation ensuring safety and security for detainees, transporting officers, and the general
public.
II. DISCUSSION
Transportation of detainees in custody is a constant requirement and a frequent activity. There
are two general time periods involved. The first is immediately after arrest when the person is
taken to the police department or a jail facility for processing and holding. The second concerns
the movement of detainees from the police department to court, another to a detention facility, to
medical facilities, or for other reasons.
III. POLICY
A. TRANSPORT OPERATIONS
The transporting officer is legally responsible for the safety and custody of the detainee being
transported. Therefore, the detainee shall be seat belted in prior to transport by the officer unless
the detainee is violent (Refer to 41.2.13 for exceptions). Transportation of persons in custody
will always be performed with the safety and well being of the officer and detainee being of
primary importance at all times.
Search of Detainee(s)
a. All persons in custody shall be searched prior to being placed in a police vehicle
[CALEA 70.1.1].
b. It must be assumed the detainee(s) may have had an opportunity to obtain
contraband or a weapon prior to the time he or she is accepted for transport by the
officer [CALEA 70.1.1].
c. Detainees shall be searched each time they come into the transporting officer's
custody and prior to being transported [CALEA 70.1.1].
d. Officers shall inspect their assigned vehicle at the beginning of each shift to
ensure the vehicle is safe and properly equipped. Officers shall inspect the
interior of the vehicle for weapons and contraband to ensure the vehicle is safe
71.1.1 Detainee Transportation Pagc 1 of 6
and ready to transport a detainee. Officers shall complete a vehicle inspection
form to acknowledge the vehicle inspection has been completed, and this must
include completing the section on -interior search of the vehicle for weapons and
contraband. If weapons or contraband are located during the search, an officer
shall notify the shift supervisor, complete an incident report, and submit theitems
to the Property and Evidence Division [CALEA 70.1.2].
e. Each time a detainee is transported, officers shall search the transport vehicle
before the transport to ensure no contraband or weapons are present. Once the
detainee has been removed from the vehicle and secured, a thorough search of the
transport vehicle shall be conducted to ensure the detainee did not leave anything
in the vehicle [CALEA 70.1.2].
2. Location of Officer and Detainee during Transportation
a. Vehicles used primarily for transporting detainees must have a safety barrier in order
for the driver to be separated from the detainee [CALEA 70.4.1].
b. Vehicles used primarily for transporting detainees must be equipped with modified
rear compartments that prohibit the detainee stored in rear from either opening the
doors or windows on both sides of the vehicle [CALEA 70.4.2].
c. In police vehicles equipped with safety partitions the detainee should be placed in the
rear seat of the vehicle.
d. If possible, no more than three detainees will be transported in a standard police
vehicle.
e. Only one detainee can be transported in a vehicle without a safety barrier. In such
circumstances, two officers must accompany the detainee. The officer not driving
will be seated in the rear drivers -side position and the detainee will be handcuffed and
seated in the rear passenger -side position [CALEA 70.1.3].
f. All detainees shall be handcuffed or otherwise restrained during transport.
(1) When handcuffs are used, they shall be applied with detainee's hands behind
back. If, however, the detainee has special needs due to a pre-existing injury,
disability or has limited mobility, the officer can choose to handcuff in front
or utilize a waist chain.
(2) Care should be exercised in applying handcuffs to avoid unnecessary injury to
the detainee.
(3) Under no circumstances will detainees be handcuffed to any part of the
vehicle.
(4) Leg straps shall be used, when possible, on unruly detainees who are apt to
cause damage to the unit or injure themselves.
(5) Detainees transported due to special circumstances may require special
restraints such as waist chains and/or leg chains. Detainees wearing waist
chains shall be restrained with their hands placed in front [CALEA 70.2.1].
(6) After ifi securing and/or restraining a detainee, officers will not place the
detainee in a position on his/her chest/stomach or side area that may lead to
"positional asphyxia" [CALEA 70.2.1].
(7) Officers are allowed encouraged to reevaluate the need for restraining devices
on detainees who may possibly present a lesser threat to the officer's safety
(physically handicapped, senior citizen etc.). In all cases, the circumstances of
the arrest, the arrestee's demeanor, as well as the public's perception of the
71.1.1 Detainee Transportation Page 2 of 6
police activity must become part of the evaluation as to the need for extra or
special restraining devices or the need for restraining devices at all.
Maintaining Sight of Detainee
The transporting officer shall not lose sight of, or leave unattended, a detainee until the detainee
is released or under the control of other personnel. Officers shall activate the in -car mobile video
recorder while transporting detainees. Reference may be made to Fayetteville Police Department
Policy 83.2.3 (Digital Mobile Video Recordings).
4. Safe Delivery of Detainee
a. The primary duty of the transporting officer is the safe delivery of the detainee in
custody. General principles of tort law impose a duty of care on the transporting
officer to protect the detainee from injury.
b. A transporting officer should be aware of diversionary incidents and should not
deviate from his/her primary responsibility of delivering the detainee except
[CALEA 70.1.4] :
(1) In a life -threatening situation when the risk to a third party is clear and
grave if immediate aid is not rendered; and
(2) The risk to the detainee is minimal.
(3) When a transport is interrupted, the transport officer should notify the
Central Dispatch Center of the location and reason for the stop. If needed,
another unit will be dispatched to handle the incident that caused the
interruption.
c. During transports over a long distance, care should be taken when stopping for
fuel, meals and for allowing the detainee a reasonable opportunity to use toilet
facilities.
d. Due to security reasons, detainees will not be given the right to communicate with
others, including legal representation, during the period the detainee is being
transported [CALEA 70.1.5].
5. Detainee Escape
Following the escape of a detainee while being transported, the following steps shall be taken
[CALEA 70.1.7]:
a. The transporting officer shall immediately notify Central Dispatch to have the
following information relayed to other officers, the supervisor and to other
jurisdictions [CALEA 70.1.7 a.]:
(1) Area of the escape; and
(2) Identification and physical description of escapee;
(3) If escapee is high -risk (known to be armed or considered dangerous).
b. Following an escape, detailed reports containing all circumstances surrounding the
escape will be prepared by the transporting officer and the officers involved in the
search [CALEA 70.1.7 b.]. These reports shall be completed and turned in to the on -
duty supervisor [CALEA 70.1.7 c.].
71.1.1 Detainee Transportation Page 3 of 6
6. Sick, Injured or Disabled Detainees [CALEA 70.3.1 ]
If a detainee becomes sick or is injured incidental to arrest or transport, the officer shall:
a. Transport the detainee for normal booking procedures if the illness or injury is
apparently non -debilitating and not life threatening. The officer will advise
communications of any illness/injury concerns to be relayed to the holding facility.
(1) Should the holding facility not accept the detainee due to illness/injury, the officer
may request Emergency Medical Services to respond to the holding facility or
transport the detainee to a medical facility for treatment.
b. Request for Emergency Medical Services to respond to the scene of the illness/injury
before transporting if the illness/injury appears to be life threatening or debilitating.
c. Not transport the detainee to a medical facility if the illness/injury is life threatening or
debilitating unless exigent circumstances exist.
7. Transport of Detainee to Medical Facility
If it is necessary to transport a detainee to a medical facility for treatment or examination, the
transporting officer(s) shall [CALEA 70.3.2]:
a. Notify the shift supervisor of the circumstances and advise communications to notify
the medical facility of the pending arrival.
b. Keep the detainee in sight whenever possible.
c. Detainees taken to a medical facility for treatment shall be restrained until medical
personnel request they be removed for treatment.
d. All felony detainees will be guarded by an officer(s) for the duration of the stay at the
medical facility, unless custody has been transferred to another law enforcement
agency.
8. Transport of Physically or Mentally Disabled Detainee
if it is necessary to transport a detainee who is physically or mentally disabled:
a. The nature of the offense and the extent of the disability shall be considered when
determining restraining devices and methods of transportation.
b. Wheelchairs, crutches, canes or any items required by the detainee as a result of
the disability shall be transported with them.
c. The officer shall exercise reasonable care and good judgment to ensure officer
and detainee safety while taking into consideration the comfort of the detainee.
9. Transporting Dangerous Detainees to another Agency or Court [CALEA 70.1.8]
When a detainee who is considered a security hazard must be transported to another agency or
court, the agency or judge of the court shall be notified in advance. The agency or judge may
allow or direct the use of restraining devices and may request the assignment of additional
security officers [CALEA 70.1.8].
10. Transporting Detainees of Opposite Sex
71.1.1 Detainee Transportation Page 4 of 6
a. If an officer is required to transport a detainee of the opposite sex, the officer should
shall report the following information by radio to Central Dispatch:
(1) Odometer reading;
(2) Location and destination; and
(3) Ending odometer reading at destination.
11. Transporting Detainees in Special Situations
The unusual circumstances surrounding special situations such as attending funerals, visiting
hospitals or critically ill persons provide opportunities to a detainee for escape, unauthorized
personal contact or inflicting injury upon himself or others. Discretion should be used in
allowing the transportation of a detainee in such situations. Special security consideration should
be given to secure the detainee at all times [CALEA 70.3.3].
B. DOCUMENTATION
1. When a detainee is being transported from another facility to the Fayetteville Police
Department or is being transported from the department to another facility, the transporting
officer must ensure the person to he transferred is positively identified as the person to be moved
[CALEA 70.5.1].
2. Depending on the circumstances, copies of certain documentation should accompany the
detainee. This documentation may include arrest sheet, warrant, personal property information,
medical records, and other pertinent records. For interstate transports, the escort officer should
have a properly executed governor's warrant or waiver of extradition.
3. Documentation accompanying a detainee should also include information relating to the
detainee's escape risk, suicide potential or other personal traits of a security nature.
4. Upon arriving at the destination with the detainee, the transporting officer should adhere
to the following guidelines [CALEA 70.1.6]:
a. Secure firearms for safekeeping in accordance with policies and procedures of
receiving facility [CALEA 70.1.6 a.].
b. Restraints should not be removed until the detainee is searched and submitted to the
facility's staff for booking procedures. If at all possible, the detainee will be kept in
restraints until he is placed in a secure booking cell [CALEA 70.1.6 b.].
c. All corresponding documentation will be submitted to verified facility staff [CALEA
70.1.6 c.].
d. Officers shall verbally advise receiving staff of medical or security risks or refer them
to written documentation when appropriate [CALEA 70.1.6 d.].
e. Officers will assist the receiving facility by signing any paperwork confirming the
transfer of custody. In addition, officers will log the transfer of custody with
Fayetteville Police Dispatch [CALEA 70.1.6 e.].
£ Officers are responsible for maintaining detainee's personal property and for ensuring
each property item is received by the facility's staff for safekeeping. Officers are
required to review the personal property inventory completed at the facility that is
signed by the detainee. At times when the detainee is combative or otherwise unable
71.1.1 Detainee Transportation Page 5 of 6
to sign the personal property inventory, officers are still required to review the
personal property inventory prior to leaving the facility.
71.1 .1 Detainee Transportation Page 6 of 6