HAMILTON COUNTY SHERIFF’S OFFICE Version #: 4

Title: Ch. 1.3.01 Response to Resistance/Use of Force

Document Owner: Spencer Daniels (Captain Uniform Date Created:

Services) 10/30/2014
Approver(s): Jim Hammond (Sheriff) Date Approved:
08/03/2015
Printed copies are for reference only. Please refer to the electronic copy for the latest version.
CALEA Standards: 1.3.01
ACA Standards: 4-ALDF-2B-01, 2B-04, 2B-06, 2B-07, 2B-08, 7B-15
NCCHC Standards:
CHAPTER 1 LAW ENFORCEMENT AGENCY ROLE
SECTION 1.03 RESPONSE TO RESISTANCE/USE OF FORCE

INTRODUCTION: Directives set out in this section are designed to provide procedural
guidelines in "Response to Resistance/Use of Force." This chapter also addresses use
of "Deadly Force,"
warning shots, going armed while off-duty and use of less-lethal weapons. This policy
defines what constitutes the reasonable or unreasonable use of force.

1.3.01 RESPONSE TO RESISTANCE/USE OF FORCE

A. Factors of Consideration: Factors that may be taken into account in the decision to
use force and the type of force used include but are not limited to such factors as:

1. Ratio of subjects to officer(s).

2. Physical size of officer to the subject.
3. Gender disparity between the officer and the subject.
4. Age disparity between the officer and the subject.
5. Skill level disparity between the officer and the subject.
6. Time of day and conditions at scene (Daylight, Dark, weather etc …).
7. Officer’s perception at time of incident of the length of time before backup/help will
arrive.
8. Any known background of offender disposition toward violence or resisting arrest.
9. Severity of the crime or situation.

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Title: Ch. 1.3.01 Response to Resistance/Use of Force

Certain less lethal weapons, identified in Chapter 1.3.04, may be used by Sheriff's
Office personnel in the use of force for controlling persons being arrested or inmates at
the Hamilton County Jail. When force is used to control the suspect or inmates, it
should be objectively reasonable within the totality of the circumstances, i.e. what a
reasonable deputy would deem necessary to control the situation taking in the above
factors as well as other articulable factors which may apply to gain compliance with the
least amount of chance of injury to the deputy or subject.

Deputies should always remember that each case must be considered in the totality of
the circumstances and what is objectively reasonable in that situation.

B. Tactical Options in a Use of Force Encounter:

• Physical Presence - the mere presence of an officer, this would include calling
for back-up officers or having back-up officers present.
• Verbal Warning - telling an individual to obey you in order to avoid additional
force, an attempt to verbally convince the person arrested or inmate to
cooperate.
• Verbal Command - certain instructions or orders given an individual, advising
the individual of the possible consequences of their noncompliant behavior (use
of force or disciplinary action).
• Soft or empty hand control or empty hand control techniques – physical
contact to include guiding, escorting by arm etc…
• Chemical Agent.
• Conducted Electrical Weapons (CEW) - Taser
• Impact Weapon/Impact Projectiles – Police Baton or Bean Bag Rounds.
• Hard Hands-On Control - physical contact, this includes the use of control
holds, striking, to move the subject from one area to another or to gain control of
the person when faced with resistance.

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Title: Ch. 1.3.01 Response to Resistance/Use of Force

• Deadly Force - may only be used in compliance with General Orders in sections
1.3.1 through 1.3.3.

C. Other Considerations:

1. There are no time limits placed between the tactical options described above. All nine
options could be accomplished in a matter of seconds or could extend for hours, or a
combination of options may be instituted at one time, or some options may be bypassed
completely based upon the individual situation. The decision by a deputy to use force
and the amount of force to use is a discretionary decision of the deputy and should be
based upon experience, training and evaluation of the amount of force being exhibited
by the suspect and the complete totality of the circumstances of what a reasonable
deputy would deem necessary based on the deputy’s knowledge at the time of the
incident.

2. When control of an inmate or suspect is gained, the force being used should end
immediately. A deputy may use only enough force to affect the lawful objective. The
misuse of force is prohibited, and deputies may use force only to protect themselves
and others, to affect an arrest, or detain an individual that is in custody.

3. Deadly force may not be used to prevent the escape of an apparently unarmed
suspected felon unless it is necessary to prevent the escape and the deputy has
probable cause to believe, or it is apparent by the actions of the suspect, that there is an
immediate and imminent threat of death or serious physical injury to the deputy or
others.

4. The discharge of a firearm is considered a use of force and should be considered a

method of last resort. The lawful use of a firearm in addition to section 1.3.2 shall
include:

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Title: Ch. 1.3.01 Response to Resistance/Use of Force

a. The right to kill a dangerous animal or one that is so badly injured that it would
be inhumane to let it suffer, providing it can be done safely; and
b. For target practice at an approved range.

5. A written report shall be submitted whenever an employee discharges a firearm for

other than training or recreational purposes.

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