12.3 Use of Force and Deadly Force

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Centreville Police Department
Title: Use of Force and Deadly Force Directive #: 12.3
Issued: 10.1.2016 Revised: 6.28.2022 / Rev. #4
Approved by: Joseph S. Saboury
Chief of Police
A. Purpose
The purpose of this directive is to provide sworn personnel employed by the Centreville
Police Department with guidelines on the use of deadly and non-deadly force.
B. Policy
It is the policy of the Centreville Police Department that sworn officers only use
reasonable force when force is used to accomplish lawful objectives only to
effectively bring an incident under control while protecting the lives and safety of all
persons involved. A sworn officer may not use force against a person unless,
under the totality of circumstances, the force is necessary and proportional to 1)
prevent an imminent threat of physical injury to a person, or 2) effectuate a
legitimate law enforcement objective.
Agency personnel authorized to carry lethal and less lethal weapons will be issued
copies of and be instructed in all policies concerning the use of force, approved uses
of lethal and less lethal weapons, and procedures for the provision of appropriate
medical aid after such use. Such issuance and instruction will be documented. All
sworn personnel shall receive annual training on this policy and be able to
demonstrate their knowledge and understanding of its content.
C. Definitions
For the purpose of this directive, the following terms have the definitions indicated:
Necessary – Use of force is not necessary unless there is no reasonable alternative to
using force that, under the totality of circumstances, would safely and effectively
achieve the same legitimate ends.
Proportional – The force used must correspond to and be appropriate in light of the
severity of the threat or resistance confronting the sworn officer or the objective that the
sworn officer aims to achieve.
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Deadly Force – Force that is deadly or lethal in nature and likely to cause death or
serious injury. Just a few examples of forms of deadly force are: A chokehold which is
any technique restricting the intake of oxygen for the purpose of gaining control of a
subject unless deadly force would be considered reasonable. A vascular neck restraint
which is any use of force application intended to gain control of a subject by restricting
blood flow to the brain for the purpose of incapacitation.
Excessive Force – A degree of force whose application is inappropriate to the
circumstances and is not reasonably believed to be necessary to effect an arrest or to
defend a person from bodily harm. No single definition of excessive force can be
offered; each situation must be evaluated according to its particular circumstances.
Excessive use of any weapon or physical control technique may constitute excessive
force.
Less Lethal Force – Force which is generally not deadly or lethal in nature and is not
intended to cause death or serious injury.
Less Lethal Weapon – An authorized device, other than a firearm, used to apply force
to another individual. Examples of less lethal weapons include batons, chemical sprays,
and the Taser.
Lethal Weapon – A weapon, if utilized, that can cause death or serious injury. The only
lethal weapons authorized for use by sworn personnel are firearms approved by the
Chief of Police.
Resistance – The force used against a sworn officer by a subject whom the sworn
officer is attempting to control or restrain.
Reasonable Belief – A belief based on known facts or circumstances which would lead
an ordinary and prudent person to act or think in a similar way under similar
circumstances.
Serious Physical Injury – An injury which creates a substantial risk of death or which
is likely to cause serious permanent disfigurement, loss, or extended impairment of the
function of any body- member or organ.
Weapon of Opportunity – Any object, not generally considered a weapon, which a
sworn officer uses to apply force to another individual. Examples of weapons of
opportunity include handcuffs, portable radios, and flashlights.
Deadly Force
1. A sworn officer may use deadly force only when the sworn officer reasonably believes it
necessary to defend human life, including the sworn officer’s own life, or in defense of any
person who is in imminent danger of serious physical injury.
2. A sworn officer may use deadly force to prevent the escape of a suspect fleeing from a
felony involving violence when the sworn officer has probable cause to believe that the
escape will pose an imminent and serious threat to human life.
3. Whenever deadly force is used by a sworn officer, while either on duty or off duty,
regardless if death or injury was inflicted, a Deadly Force Review Board will be convened.
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D. Firearms Regulations
a) Before discharging a firearm for law enforcement purposes, sworn personnel will
identify themselves and state their intent to shoot whenever feasible.
b) Sworn personnel are prohibited from firing warning shots.
c) Firearms may not be discharged from moving vehicles.
d) Firearms may not be discharged at moving vehicles, unless necessary to defend
human life, and as a last resort when no other viable means are available. Sworn
personnel must attempt to move out of the path of a moving vehicle if at all possible
instead of maintaining their ground and discharging a firearm at the vehicle or the
vehicle’s operator. Sworn personnel shall not discharge their firearms in an attempt to
disable a vehicle unless exigent circumstances exist.
e) Sworn personnel should use prudence and good judgment while wearing a firearm at
any off-duty activity where the employee will be consuming alcoholic beverages.
f) Sworn personnel may not carry firearms while on duty, when under the influence of
alcohol, drugs, or any medication that may hinder judgment or motor coordination.
g) Sworn personnel may not discharge a firearm when it appears likely that an innocent
person may be injured.
h) Sworn personnel may discharge a firearm to destroy an animal that represents a
threat to public safety or as a humanitarian gesture when an animal is suffering due
to serious injury.
i) Sworn personnel may discharge a firearm during practice or when qualifying at an
approved firing range.
E. Less Lethal Force
a) Sworn personnel are authorized to use departmentally approved less lethal force
techniques and approved weapons to:
1. Protect themselves or others from physical harm.
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2. Restrain or subdue an individual who is resisting arrest.
3. Bring an unlawful situation safely and effectively under control.
b) Sworn personnel may only utilize those techniques and weapons for which they
have received approved training. Personnel will use necessary and proportional
force when force is used to accomplish lawful objectives only to effectively bring
the incident under control.
F. Force Continuum
a) When involved in an incident where the application of force becomes necessary,
sworn personnel will assess the situation to determine which technique or weapon
will best de-escalate the situation and bring it under control in a safe and effective
manner. When assessing the situation, sworn personnel must consider the nature
and severity of the incident, potential harm, ages, and physical and mental
condition of those involved. All sworn personnel involved in a situation have the
duty to assess and share the responsibility for determining the appropriate level of
force utilized. Thus, if a sworn officer believes that an inappropriate level of force is
being utilized, he/she must make every attempt to stop any inappropriate use of
force. In addition, any personnel witnessing excessive force must report their
observations and any actions taken immediately to their supervisor, or, if
unavailable, an on-duty supervisor. This shall be reported verbally and in writing,
and reported when safe and reasonable to do so.
b) At all times the least amount of force necessary and proportional will be utilized,
moving to the next available level of force when resistance is met which makes the
current level ineffective. As each situation may be unique in nature, the initial level
of force utilized is contingent upon the individual situation and may begin at any
point within the force continuum. The force continuum, starting with the least
amount of force, is as follows:
1. Uniformed presence
2. Verbal requests/commands
3. Empty hands
4. O.C. Spray
5. Electronic Control Devices
6. Police baton
7. Firearms
c) It is recognized that circumstances may arise in which officers reasonably believe
that it would be impractical or ineffective to use any of the tools, weapons, or
methods provided by this department. Officers may find it more effective or
reasonable to improvise their response to rapidly unfolding conditions that they
are confronting. In such circumstances, the use of any improvised device or
method must nonetheless be reasonable and utilized only to the degree that
reasonably appears necessary to accomplish a legitimate law enforcement
purpose. While the ultimate objective of every law enforcement encounter is to
avoid or minimize injury, nothing in this policy requires an officer to retreat or be
exposed to possible physical injury before applying reasonable force.
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d) Sworn personnel may use weapons of opportunity when they may help control
the situation where other options have failed and/or extenuating circumstances
dictate their use. Weapons of opportunity include but are not limited to, handcuffs,
flashlights, and any other object at the sworn officer’s disposal that might resolve
the situation and to protect human life. As a last resort and only to save one’s life,
improvised techniques, whether they have or have not been taught as a part of
the use of force continuum, may be utilized that will limit the blood or air supply to
any vital organ. The use of a chokehold or vascular neck restraint is prohibited
unless deadly force would be considered necessary and proportional. If this
occurs, the use of that weapon of opportunity or technique shall be considered
deadly force at the same level as the use of a firearm.
e) Whenever feasible, the de-escalation of a potentially volatile situation and/or the
de-escalation of any force that is being used must occur. When practical,
reasonable, and safe, sworn personnel should use their physical presence, verbal
warnings, and persuasion as alternatives to using force in efforts to defuse tense
situations. Sworn personnel should recognize that, whenever safe and practical,
they should attempt to reposition themselves to a position that is tactically more
secure or allows them greater distance to quell the situation without force as long
as no one’s safety is jeopardized by this action. At the earliest time safely
possible, sworn personnel shall de-escalate the amount of force being used when
the perpetrator is secured/controlled. Use of force shall be discontinued when
resistance ceases and/or the incident is under control.
f) Physical force shall not be used against individuals in restraints except as
objectively necessary and proportional to prevent that individual’s escape or to
prevent imminent bodily injury to the individual, the sworn officer, another person
or to prevent property damage. In these situations, only the minimal amount of
force shall be used necessary to control the situation and de-escalation must
immediately occur when the situation is under control.
g) Whenever feasible, a sworn officer shall provide a verbal forewarning that a type
of force is about to be used on the subject unless the subject complies with the
sworn officer’s lawful requests.
h) In general, officers may use reasonable force to lawfully seize evidence and to
prevent the destruction of evidence. However, officers are discouraged from
using force solely to prevent a person from swallowing evidence or contraband.
In the instances when force is used, officers should not intentionally use any
technique that restricts blood flow to the head, restricts respiration or which
creates a reasonable likelihood that blood flow to the head or respiration would
be restricted. Officers are encouraged to use techniques and methods taught by
the Centreville Police Department for this specific purpose.
G. Medical Aid
Sworn personnel are responsible for providing and/or obtaining medical
assistance for individuals who allege or show signs of injury as a result of any use
of force. Emergency medical personnel will be utilized if a person possibly
requires transportation to a medical facility for further treatment.
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H. Weapons and Ammunition
Sworn personnel carrying out law enforcement responsibilities, both on and off
duty, may use only weapons, ammunition, and related equipment, that meet
approved specifications by the Chief of Police, and for which they have been
trained to utilize.
I. Reporting Use of Force
a) Incidents Requiring a Written Report
A Use of Force Report is required whenever any of the following conditions exist:
1. A sworn officer discharges a firearm for any reason other than training or recreational
purposes (i.e., hunting, target practice, etc.).
2. A sworn officer takes an action that results in, or is alleged to have resulted in, an
injury or death of another person.
3. A sworn officer applies force through the use of lethal or less lethal weapons.
4. A sworn officer applies physical force, to meet resistance, by utilizing the hands or
other means such as control or restraint techniques, even if no injury occurs or is
evident.
5. A canine owned or utilized by the department bites or inflicts injury to an individual.
6. A sworn officer displays any type of less lethal or lethal weapon to gain compliance.
The unholstering of a weapon for readiness does not require a Use of Force Report.
A Use of Force Report is not required when a firearm is used to destroy a
seriously injured animal. However, normal incident reporting is required to document
the event.
b) Sworn officer's Responsibilities
1. Sworn personnel will immediately report to their supervisor, or, if unavailable, an on-
duty supervisor, any use of force or firearm discharge that meets the reporting
requirements listed in this directive as well as any excessive force that is witnessed
by other agency or police personnel as well as any violation of law or ordinance by
an employee of the agency or another agency, and violation of agency policy by an
agency employee.
2. Sworn personnel will complete or provide information for the completion of the
following documents:
a. Incident Report or supplement
b. Use of Force Report
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c. Charging documents if required
3. Off-duty sworn personnel who are involved in reportable use of force incidents will
immediately report the event to an on-duty supervisor and fulfill all of the reporting
requirements in this directive.
c) Supervisor's Responsibilities
The sworn officer’s immediate supervisor, or an on-duty/on-scene supervisor, will be
responsible for the following actions:
1. Ensure that the sworn officer involved in a reportable use of force incident fulfills the
requirements of this directive and completes the required reports if the sworn officer
is unable to do so.
2. Review all reports and charging documents for accuracy and completeness, before
submitting them via the sworn officer’s chain of command. The Chief of Police may
designate a supervisor to complete these tasks which shall include the review of
body-worn camera evidence.
3. Notify the Chief of Police or his designee and initiate a complaint form if the use of
force appears to be excessive or in violation of this directive. If personnel from
another agency appeared to have used excessive force, the Chief of Police shall
determine the appropriate method of reporting the allegation to that agency’s
commander or internal affairs unit. That report shall be made in writing with a receipt
confirmation requested.
4. If the sworn officer is injured, complete and forward to the department Lieutenant a
First Report of Injury and Supervisor’s Report.
5. Immediately notify his/her Chief of Police upon learning of a sworn officer-involved
death or potential death including a departmental shooting, other use of force
resulting in death or potential death, in-custody death and/or pursuit ending in a
death or potential death. The Chief of Police or his designee shall be notified without
delay. The Maryland Office of Attorney General’s Independent Investigations
Division (IID) shall also be notified via the Maryland State Police (MSP)
headquarters duty officer at 410- 653-4200 without delay. For cases involving a
sworn officer-involved death or potential death, the IID and MSP will lead the
investigation as mandated by the MD Annotated Code, State Government Article
MD Annotated Code, State Government Article §6-106.2. Refer to “Notification
Protocols for the Independent Investigations Division” in PowerDMS for complete
details regarding the above notification procedure, media response procedures and
evidence collection, storage and analysis protocols related to sworn officer-involved
death or potential death incidents. For incidents where the IID/MSP unit is
investigating a sworn officer-involved death, the IID will notify the next-of-kin. The
IID may request that CPD agency personnel accompany them.
J. Use of Deadly Force
A. Initial Response and Investigation
1. If deadly force is utilized resulting in death or critical injury, the affected sworn
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officer’s immediate or on-duty supervisor and Chief of Police or his designee will
respond and secure the scene, pending the arrival of an investigator from a Criminal
Investigations Team. As soon as practical they will ensure without delay that
appropriate first aid and medical attention have been provided to the citizen/suspect
involved and will render assistance to the affected sworn officer, secure all weapons
used in the incident, (unless there is no immediate need to secure the sworn officer’s
weapon and count rounds. If there is no immediate need, agency supervisors should
wait for the IID team to secure the weapons used and to perform necessary round
counts.) notify a Criminal Investigations Team, place the sworn officer on
Administrative Leave, schedule the sworn officer for traumatic counseling, and
submit a written report (in addition to the supervisor’s completion of the Use of Force
Report for that incident on behalf of the sworn officer) of their activities.
2. A Criminal Investigations Team will conduct an investigation of every use of deadly
force by a sworn officer that results in death or serious injury. The Criminal
Investigation Team for cases involving a sworn officer-involved death or potential
death (shooting, use of force event, in-custody death, pursuit ending in death or
potential death) will be the MD Attorney General’s IID and the MSP. A report of the
investigation will be submitted to the State’s Attorney’s Office within thirty days (30)
of the incident. (Extensions of this time limit may be granted by the Chief of Police or
his designee if necessary.) The State’s Attorney will decide whether the sworn
officer’s actions were lawful or unlawful, and whether to initiate criminal action
against the sworn officer if the incident is deemed unlawful. (The 30-day mandate
does not apply to investigations conducted by an outside agency.)
3. When a sworn officer’s use of force causes death or serious injury, an internal
affairs administrative investigation will be conducted to determine whether the
sworn officer’s actions were in compliance with agency policies and procedures.
Any portion of this internal investigation may be delayed until after the possible
filing of criminal charges or the conclusion of a possible criminal trial at the
discretion of the State’s Attorney or agency legal counsel.
4. When a sworn officer’s use of force causes death or serious injury, the sworn officer
will be placed on Administrative Leave by the Chief of Police pending completion of
all investigative and reporting requirements that must be completed prior to the
sworn officer’s return to full duty, AND:
a. An authorized mental health professional determines that the sworn officer is ready
to return to duty, and
b. The department Lieutenant or Chief of Police reviews the incident and grants
permission.
K. Administrative Review
A. An administrative review will be conducted of every incident where a sworn officer
employs the use of force, or where a sworn officer discharges a firearm other than
for training, recreational purposes, or the destruction of an animal. The Use of Force
Report, in conjunction with any applicable incident report and associated documents,
will be utilized for the administrative review. The review will include, at a minimum,
the following:
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1. The circumstances surrounding the incident.
2. Whether existing policies, directives, and procedures were understandable and
effective to cover the incident.
3. A conclusion as to whether the sworn officer’s actions appear in violation of any
current policy, directive, or procedure.
B. The administrative review will be conducted via the chain of command, beginning
with the affected sworn officer’s on-duty supervisor, and ending with the Chief of
Police or his designee. Each member in the chain of command will review the report
and indicate any violation of policy or procedure observed including the
administrative section review by the Chief of Police or his designee.
C. If the administrative review determines that the use of force was excessive or the
sworn officer displayed gross negligence, the case will be referred to the Criminal
Investigations Supervisor. The Criminal Investigations Supervisor will then conduct
an investigation of the incident, if one has not been initiated by the MD Attorney
General’s IID and MSP, and submit a report to the Chief of Police within thirty (30)
days. A report of the investigation will also be submitted to the State’s Attorney’s
Office. The State’s Attorney will decide whether the sworn officer’s actions were
lawful or unlawful, and whether to initiate criminal action against the sworn officer, if
the actions were deemed unlawful. The State’s Attorney’s Office investigation and
the agency’s administrative internal investigation will run concurrently until any
possible criminal process is adjudicated. No disciplinary sanctions will be imposed
until the conclusion of the State’s Attorney’s investigation or the conclusion of any
possible criminal proceeding. The interview/interrogation of the involved sworn
officer may not occur until the criminal proceeding is complete unless specifically
approved by the State’s Attorney’s Office.
D. The Chief of Police, or his designee, will maintain a file of all Use of Force Reports
and prepare a documented annual analysis of reportable uses of force by members
of the Centreville Police Department. The annual analysis will indicate any patterns
or trends revealed that could indicate training needs, equipment upgrades, and/or
recommended policy modifications.
L. Disclaimer
The Centreville Police Department policy on administrative review of the use of force is
for internal use only and does not apply in criminal or civil proceedings. In addition, the
policy will not be construed as the establishment of a higher legal standard of safety or
care with respect to third parties.
Colonel Joseph S. Saboury
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