Lakewood Police Department Policy and Procedure Use of Deadly Force		Effective Date:  09/09/2021
	Policy Number: PP-4503 - Use of Deadly Force

As long as members of the public are victims of violent crimes, and agents in the performance of their duties may be confronted with deadly force, it will remain necessary for police agents to be properly armed for the protection of society and themselves. 

The general policy of this department regarding the use of firearms or other deadly force by police agents, on- or off-duty, shall be that an agent will use deadly force only when the agent is legally justified, and the use of deadly force is objectively reasonable.  

Regardless of the nature of the crime or the legal justification for firing at a suspect, agents are reminded that their basic responsibility is to protect the public.  Agents shall be particularly cautious that the use of deadly force does not create a substantial risk of injury to other persons.  This policy is not to be construed to require police agents to assume unreasonable risks.  In assessing the need to use deadly force, the paramount consideration should always be the safety of the police agents and the public.  

1. Lakewood police agents are permitted to fire their weapons under the following circumstances:  

a. When the use of deadly force is objectively reasonable as described below;  

b. At an approved target at an approved firing range;  

c. For practice, in a safe manner, in any area where firing a weapon would not be in violation of the law;  

d. In order to destroy any animal that appears to be suffering from an apparent fatal wound or sickness, but only after making a reasonable attempt to locate and receive permission from the animal's owner;  

e. At any animal when the police agent has reason to believe that the police agent or another person is in imminent danger of being killed or receiving serious bodily injury as a result of the animal’s actions;  

f. When the firearm is used as a delivery or application vehicle for a non-lethal device.  

2. Deadly force may be used:

a. When a police agent has an objectively reasonable belief that a lesser degree of force is inadequate, and the police agent has objectively reasonable grounds to believe, and does believe, that the agent or another person is in imminent danger of being killed or receiving serious bodily injury.  

b. To make an arrest only when all other means of apprehension are unreasonable given the circumstances and the arrest is for a felony involving conduct including the use or threatened use of deadly physical force; the suspect poses an immediate threat of death or serious bodily injury to the agent or another person; and the force employed does not create a substantial risk of injury to other persons.  

3. If feasible and if doing so would not increase the danger to the agent or others, police agents shall identify themselves as police officers and give a verbal warning to stop prior to the discharge of a firearm.  

4. Shooting at a Moving Vehicle:  Police agents are strongly discouraged from the potentially dangerous practice of shooting at a moving vehicle and its occupants for the following reasons:  

a. Firing at a moving vehicle for the purpose of disabling it or stopping the offender inside is seldom successful in doing either;  

b. Disabling the driver of a moving vehicle may result in the vehicle becoming out of control and causing injury to innocent persons;  

c. Firing at the moving vehicle may result in injury to unknown person(s) in the passenger compartment.  

When practical, a police agent in the path of an approaching vehicle will attempt to move to a position of safety rather than discharging a firearm at the vehicle or any of the vehicle’s occupants.  

5. The reasonableness of a police agent’s decision to use deadly force under this policy must be viewed from the perspective of a reasonable agent on the scene who may often be forced to make split-second decisions in circumstances that are tense, uncertain, and rapidly evolving and without the calm advantage of 20/20 hindsight.   

1. Justification for the use of deadly force shall be limited to what reasonably appears to be the facts known or perceived by an agent at the time he decides to use such force.  Facts unknown to an agent, no matter how compelling, cannot be considered in later determining whether the shooting was justified.  

2. Chokeholds, to include Carotid Control Holds, shall not be used by any member of this department.  

3. Warning shots shall not be fired.  

4. Shots shall not be fired at persons who have committed only a misdemeanor, a traffic violation or a non-violent offense.