Adopted: April 2023 Scope: LTC Police Department Contact: Chief of Police References: TSCG Policy 7.1.2, Chapter 15, Georgia Law Enforcement Certification Program (GLECP) standards 1.10, 1.11, 1.12, 1.13, 1.14, 1.15, 1.16 1.17, 2.3 2.4 2.5, 2.7 and 2.8
Officers must review and have a demonstrated working knowledge of this chapter prior to receiving an Agency issued firearm.
This policy is for the Law Enforcement Agencies of the Technical College System of Georgia use only and does not apply in any criminal or civil proceeding. The policy shall not be construed as a creation of a higher standard of safety or care in an evidentiary sense with respect to third party claims. Violations of this policy will form the basis for departmental administrative sanctions only. Violations of law will form the basis for civil and criminal sanctions in a recognized judicial setting.
The purpose of this policy is to provide officers of the Technical College System of Georgia law enforcement agencies with structured guidelines on the use of less-lethal and deadly force.
Additionally, it will:
Those factors from Graham include:
In addition to the 4 Graham factors, the courts will consider other objective factors:
The following Georgia law governs use of Force:
OCGA 16-3-21. Use of force in defense of self or others; evidence of belief that force was necessary in murder or manslaughter prosecution.
It is the policy of the Technical College System of Georgia (TCSG) that all TCSG officers shall only use an amount of force that is objectively reasonable to achieve a lawful law enforcement objective. Officers may use only that force which is "objectively reasonable" to:
The following Georgia Law governs the Use of Deadly Force:
OCGA 17-4-20 Authorization of arrests with and without warrants generally; use of deadly force; adoption or promulgation of conflicting regulations, policies, ordinances, and resolutions; authority of nuclear power facility security officer.
Officers need only find one of the three conditions present in order to employ deadly force against a suspected felon.
The Lanier Technical College Police Department encourages, when reasonable and tactically practical, Officers identify themselves as Police Officers, and give a verbal warning of their intent to shoot or use deadly force.
Warning shots are not permitted under any circumstances.
Neck restraints such as choke holds, carotid artery restriction techniques and other similar types of control techniques are to be considered deadly force and are not to be used by members of TCSG law enforcement agencies, except in situations where the use of deadly force would be applicable.
Officers should understand the inherent dangers in shooting at or from a moving vehicle, including, but not limited to, the possible presence of innocent bystanders/passengers. However, the use of force laws [OCGA 16-3-21(a) and 174-20(b)] still apply, as with any other use of force incident.
The killing of animals by an officer is permitted in order to:
In all other incidences, TCSG law enforcement officers should attempt to have their local animal control service take control of stray or dangerous animals.
NOTE: Killing another person's animals is considered a seizure of a person’s property under the 4th Amendment. The standard of objectively reasonable should be used in these incidents.
Officers of the Technical College System of Georgia shall only use deadly force against an escapee from a post-conviction penal institution when the escapee poses an immediate threat to the officer or others and would be objectively reasonable under O.C.G.A. 17-4-20(b).
Deadly Force shall not be used to prevent the escape of pre-trial detainee from custody unless the detainee poses an immediate threat to the officer or others and would be objectively reasonable under O.C.G.A. 17-4-20(b).
It will be the responsibility of the supervisor of any employee involved in any of the below listed incidents to complete a Use of Force Report as soon after the incident as possible, but not longer than 24 hours, and forward the report, along with supporting documentation, through the chain-of-command to the Chief Executive Officer.
ATTENTION CEO: Evidence suggests officers may not immediately recall details immediately after an event. It is recommended the agency review the literature regarding officers being permitted to review video recordings of the incident prior to preparing their use of force/response to aggression report.
Use of Force Reports shall be completed when: (GLECP Std. 1.14 a, b, c, d)
Injury shall include (but is not limited to):
A fair, thorough, objective investigative process is critical component of maintaining the trust and confidence of the public and employees. The investigation of any use of force shall be done in a consistent and objective manner. This requires each person conduct their assigned responsibilities and duties. This section includes, but is not limited to, the use of firearms.
Duty to Intervene Any officer present and observing another officer, regardless of that officer's employing agency or rank, using force that is clearly beyond that which is objectively reasonable under the circumstances shall, when in a position to do so, intervene to prevent or stop the use of unreasonable force. An officer who observes another officer use force that exceeds the degree of force permitted by law should promptly report these observations to a supervisor.
ATTENTION CEO: It is critical you should ensure the difference between internal (Garrity) and criminal (Miranda) warnings are explained in policy and provided to officers as appropriate for the different investigations.
The College Chief of Police or designee shall:
ATTENTION College Chief: It is recommended officers be required to meet with a psychologist specializing in law enforcement officer use of force incidents or engage the assistance of the Peer Support counseling through the Georgia Department of Public Safety.
TCSG Law Enforcement agencies may provide officers with Compliance Weapons, such as department approved Electronic Control Device (ECD), Oleoresin Capsicum (O.C.), the ASP baton, and Impact Projectile Shotguns, so they may successfully defend themselves from combative, resistant, and/or violent individuals and to reduce the risk of injury to the officer or suspect.
Electronic Control Devices (ECD): Weapons designed to disrupt a subject's central nervous system by means of deploying battery powered electrical energy, sufficient to cause uncontrolled muscle contractions, and override an individual's voluntary motor responses.
The following Axon TASER Conducted Energy Weapons are authorized for use by TCSG Law Enforcement agencies:
The use of an ECD is considered a compliance weapon and shall be deployed in a manner consistent with the Use of Force Policy and Training.
The ECD may be used in any of the following circumstances, when the circumstances perceived by the officer at the time indicate that such application is objectively reasonable to control a person:
The use of the ECD on certain individuals should be avoided unless the totality of the circumstances indicates that other available options reasonably appear ineffective or would present a greater danger to the officer, the subject, or others and the officer reasonably believes that the need to control the individual outweighs the risk of using the device. This includes:
All Compliance Weapons shall be inspected annually during the required training by a qualified armorer or instructor. Weapons found to be deficient shall be removed from service by the armorer or instructor then repaired or replaced. The employee will receive a replacement weapon until their issued weapon is repaired or replaced.
The effects of O.C. vary between individuals. Immediately after spraying an individual, officers should be alert to any indications that the suspect needs medical care. This includes, but is not limited to, breathing difficulties, gagging, profuse sweating and loss of consciousness. Upon observing these other medical problems, or if the suspect requests medical assistance, the officer shall immediately summon emergency medical aid;
NOTE: The EMS personnel should determine if the suspect needs to be transported to a hospital or other medical facility for further medical evaluation.
Officers will only carry batons that are issued and authorized by their respective TCSG Law Enforcement Agency.