600-5 – OPERATIONS – RESPONSE TO RESISTANCE

Effective Date: Replaces: Scope: Authority: Comments:

September 10, Use of Force, All Sworn Chief of
2015 Use of Deadly Personnel Police
Force, and Less
Lethal Use of
Force Policies-
Issued 12/1/14

I. POLICY

It is the policy of the Flint Police Department to respond to resistance by using

objectively reasonable force to accomplish lawful objectives. Excessive force will
not be tolerated.

II. DEFINITIONS

A. Less-Lethal Force – Force used to compel a resistor, against the resistor’s

will, that is not deadly force. Less-Lethal Force includes, but is not limited
to, physical control techniques, chemical agents, correctly-targeted impact
weapons, and electronic control weapons.

B. Deadly Force – Force that will likely cause death or serious bodily harm,
regardless of the officer’s intent. Deadly Force includes, but is not limited
to, the use of firearms.

C. Objectively Reasonable – Response to resistance will be objectively

reasonable when the response was one that a reasonable and prudent
officer would have believed necessary to accomplish lawful goals, in light
of the facts and circumstances known to the officer on the scene.

III. SITUATIONS WHEN FORCE MAY BE USED

A. In the line of duty, officers will respond to resistance in an objectively
reasonable manner. Officers may not use force after resistance has
stopped nor as a means or excuse for inflicting physical penalties.

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 B. Officers may respond to resistance with objectively reasonable less-lethal
force when:

1. Effecting a lawful arrest.

2. Preventing the escape of a person lawfully arrested.
3. Apprehending a person who has escaped from lawful arrest.
4. Protecting themselves or others from danger.

C. Officers may respond to resistance with deadly force when the resistor
poses an immediate threat of serious bodily harm or death to the officers
or to others, or when a resistor’s escape would constitute an immediate
threat of serious bodily harm or death to the officer or to others.
Assessment of the threat posed by a resistor will consider, at minimum,
the following:
1. The severity of the crime at issue.
2. The immediate threat posed by the resistor to officers and others.
3. The level of resistance offered by the resistor.

D. When feasible, officers will warn resistors before using deadly force.

IV. APPROVED WEAPONS, TRAINING, AND DOCTRINE

A. General Notes:

1. While on-duty officers may only use the Department authorized and
approved weapons for which training has been provided by the Flint
Police Department, and may only use those weapons in the
manner trained.
2. All training for these weapons/techniques will be conducted by
appropriately certified instructors.
B. Physical Control Techniques
C. Chemical Agents (i.e. pepper spray)
1. All officers will receive training in the proper use and application of
chemical agents.
2. Resistors on which chemical agents have been applied shall
receive first aid consistent with training.

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D. Impact Weapons
1. All sworn officers will receive training in the proper use and
application of impact weapons.
2. An annual inventory of impact weapons will be conducted by the
Chief of Police or his/her Designee.
3. Impact weapons may be considered either Less-Lethal or Deadly
force, depending on the target location.
a. Primary targets of the body are the common peroneal nerve,
femoral nerve and tibial nerve located in the leg. Strikes to
these areas normally create severe muscle cramping which
inhibits a subject’s ability to continue assaulting action.
These locations should be considered primary targets
because of the low potential for injury.
Strikes to these target areas are less-lethal force.
b. Secondary targets of the body are the radial nerve and the
median nerve in the arms. These targets are struck to block
or deflect strikes toward the officer. Strikes to these areas
have a higher probability of creating soft tissue damage,
connective tissue damage or bone fracture that does the
primary target areas.
Strikes to these targets are generally considered less-lethal
force, however if these targets are hit, officers should assess
whether medical assistance is required.
c. Lethal force targets are the head, neck or clavicle. Striking
these targets may create severe injury in the form of great
bodily harm or death. Strikes to these areas will be viewed
as the application of lethal force and can be justified in lethal
force situations only.
If it is necessary to strike a subject with an impact weapon in
a lethal force area, the subject shall be immediately
transported to a medical facility for treatment.

E. Conducted Electrical Weapons (i.e. Taser)

See Procedure 600-8 Use and Utilization of Conducted Electrical
Weapons

F. Department approved firearms/ammunition:

1. Training Requirements:

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 a. The officer has successfully completed and qualified on the
Departmental prescribed training course of fire, and other
such familiarization/training courses as may be required.
b. The officer annually maintains a minimum pass/fail score on
the MCOLES mandated course of fire.
c. Only Department approved secondary weapons that the
officer has fired a qualifying score are allowed. Secondary
weapons must meet the requirements of the City of Flint
Police Department Firearms Policy.

2. Use of firearms ALWAYS constitutes deadly force. Officers may

discharge firearms only under the following circumstances:
a. When the use of deadly force is objectively reasonable.
b. To kill a dangerous animal or an animal that is so seriously
injured that humane considerations require an immediate
end to its further suffering.
c. For purposes of firearms training, practice, or qualifications.
d. NOTE: Officers may fire from a moving vehicle only if being
fired upon or may fire on a moving vehicle only if officers
have probable cause to believe such actions are necessary
to prevent death or serious bodily harm to themselves or
others.
3. Except for maintenance or training, officers shall not draw or exhibit
their firearm unless it may be necessary to use their firearm in
conformance with this policy.
4. Officers will not discharge firearms under the following
circumstances:
a. If the use of firearms clearly constitutes a greater threat to
innocent lives that the threat justifying the deadly force.
b. To effect an arrest of a person charged with a misdemeanor
or non-violent felony, unless the person’s resistance justifies
the response.
c. To prevent the escape of a person arrested for a
misdemeanor or non-violent felon, unless the person’s
resistance justifies the response.
d. To fire a warning shot.

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V. REPORTING RESPONSE TO RESISTANCE INCIDENTS

A. A detailed crime/complaint report will be completed in every instance

when an officer responds to resistance in any of the following
circumstances:
1. When deadly force is used.
2. When less-lethal force is used.
3. Whenever a person alleges a misuse of force.
4. At the discretion of an on-duty supervisor.

B. Officers involved in a response to resistance incident shall:

1. Notify an on-duty shift supervisor as soon as possible.
2. Obtain medical assistance for any person with visible or apparent
injury.

C. Shift supervisors of an officer involved in a Response to Resistance

incident shall:
1. Review the crime/complaint report for completeness.
2. Forward the crime/complaint report to their respective division
Captain.
3. If the Response to Resistance resulted in the hospitalization or
death of the subject, the shift supervisor shall immediately notify
their respective division Captain.

D. If the Response to Resistance involved the use of deadly force, the

investigating supervisor will also:
1. Conduct a complete and thorough follow-up investigation, including
but not limited to the following:
a. Interview the officer, suspect, and witnesses as soon as
possible.
b. Have photographs taken of any injured person, or anyone
who alleges to be injured, even though no injury may be
apparent.
c. Direct the gathering and processing of evidences.
d. Take custody of the officer’s firearm and issue the officer a
substitute weapon.
e. Make a full and detailed follow-up report directed to the Office
of the Chief of Police.

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 2. Remove the involved officer from the scene as soon as it is
practically feasible. The officer shall be taken to a place of safety
and afforded the opportunity to speak with union representation,
clergy or medical professional.
3. The weapon used in the deadly force encounter shall be turned
over to the shift sergeant or his/her designee for safekeeping and
logged in to evidence. The officer shall be provided with a
substitute weapon until such time as the investigation is completed.
4. No attempt to obtain a statement from the officer involved until such
time as the officer has had the opportunity to complete two (2) full,
regular sleep cycles except that a supervisor may require the
involved officer(s) to provide some basic details necessary to start
the investigation, including, but not limited to, information such as
the direction that rounds were fired, the approximate number of
rounds fired, information about which weapon(s) was used,
information about where evidence may be located and other basic
information limited to this objective.
5. Shift supervisors will review use of firearms when used for the
destruction of an animal and may direct additional reporting or
investigation as may be warranted.

E. The Division Captain shall:

1. Notify the Chief of Police of the incident.
2. Review all reports regarding the Response to Resistance to
determine whether the Response to Resistance was objectively
reasonable, in accordance with departmental policy.

F. NOTE: Whenever an officer believes that discipline could result from an

investigation, that officer may seek the provisions governing investigations
as provided in the collective bargaining agreement and law.

VI. SEVERE INJURY/DEATH FOLLOW-UP

A. If a Response to Resistance resulted in severe injury or death, the

department will place the involved officer(s) on administrative leave.

B. Administrative Leave is non-punitive in nature; all pay and benefits to

continue without interruption. Administrative leave is designed to relieve
the officer of active duty for a brief period of time both for the officer’s sake
and to allow for a prompt and thorough investigation of the incident. While

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 on administrative leave the involved personnel shall remain available for
official department business including interviews and statements regarding
the incident.

C. In cases when death has occurred or as may be advisable under the

circumstances, officers will not return to duty until post-shooting
counseling has taken place with a qualified health professional.

D. Any post-incident counseling provided by the department will be

considered confidential and not related to any department investigation.

James W. Tolbert
Chief of Police

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