Brevard County

Sheriff’s Office POLICY/PROCEDURE

500.76 Response to Resistance

Number Series: 500 -- Operational
Sheriff’s Approval: ___Digital___
Approved Date: February 21, 2006
Revision Log: June 29, 2020: Changes throughout.

September 19, 2019: Section C 2 a-b addition. Section D 1c-e

additions. Definition modification.

September 10, 2019: Section D 1 a-d modified. Section D 2 addition.

Review Due Date: June 29, 2023 Review Frequency: 3-Year

POLICY
Guidelines are established for all sworn deputy sheriff’s concerning response to resistance,
reflecting Laws of Florida, and the Florida Department of Law Enforcement Criminal Justice
Standards & Training Commission. A sworn deputy sheriff is expected to select effective,
objectively reasonable and legal force options in responding to a verbal or physical
encounter.

PROCEDURE
A. Response to Resistance
As a person increases his/her resistance level from verbal to physical, a deputy may
have to increase the level of his/her response until the resistance ceases and the deputy
is able to gain control of the person. As soon as the point of the person’s compliance is
reached, the deputy must de-escalate his/her response level to the minimum force
necessary to control the person and accomplish the law enforcement objective. The
level of force applied must be objectively reasonable based on the totality of
circumstances (articulable facts) surrounding the immediate situation. The deputy need
only select a response that is within the range of objectively reasonable options.
Deputies must rely on their training, experience and assessment of the situation to
decide an appropriate level of force to be applied. Reasonable and sound judgment will
dictate the force option to be employed.
1. Totality of the Circumstances
The deputy’s use of force will be based on the totality of the circumstances known to
the deputy at the time of the incident. There are several factors used in determining
the totality of the circumstances. These include but are not limited to:
a. Severity of the crime;
b. Subject is an immediate threat;
c. Subject’s mental or psychiatric history, if known to the deputy;
d. Subject’s violent history, if known to the deputy;
e. Subject’s combative skills;
f. Subject’s access to weapons;
g. Innocent bystanders who could be harmed;

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 h. Number of subjects versus number of deputies;
i. Duration of confrontation;
j. Subject’s size, age, weight, and physical condition;
k. Deputy’s size, age, weight, physical condition, and defensive tactics expertise;
l. Environmental factors, such as physical terrain, weather conditions, etc.

B. Resistance Levels
1. Passive Resistance
A subject’s verbal and/or physical refusal to comply with a deputy’s lawful direction
that causes the deputy to use physical techniques to establish control; non-verbal
cues in attitude, appearance, demeanor or posture that indicates an unwillingness to
cooperate or a threat. Some examples of passive resistance:
a. The subject refuses to move at the deputy’s direction.
b. Stretching motions and looking around the area.
c. The subject peacefully protests at an event in a public location.
2. Active Resistance
A subject’s use of physically evasive movements directed toward the deputy such as
bracing, tensing, pushing, or pulling to prevent the deputy from establishing control
over the subject. Subject is evading control without trying to injure the deputy.
Some examples of active resistance:
a. The subject physically anchors himself/herself to a person or object to prevent
himself/herself from being removed.
b. The subject braces or pulls away from the deputy when the deputy grips the
subject’s arm or shoulder.
c. The subject attempts to run when the deputy touches or attempts to gain control
of the subject’s arm or shoulder.
3. Aggressive Resistance
A subject’s attacking movements toward a deputy that may cause injury, but are not
likely to cause death or great bodily harm to the deputy or others. Some examples
of aggressive resistance:
a. The subject balls up his fist and approaches the deputy.
b. The subject takes a bladed stance while threatening the deputy.
c. The subject pushes the deputy back as the deputy tries to take the subject into
custody.
d. The subject physically grabs or strikes any part of the deputy’s body.
4. Deadly Force
A subject’s hostile or attacking movements, that create a reasonable perception by
the deputy that the subject intends to cause and has the capability of causing death
or great bodily harm to the deputy or others. Some examples of deadly force
resistance:
a. A subject shoots or points a gun at a deputy or another person.
b. A subject refuses to drop a weapon when ordered to do so by the deputy and
moves toward the deputy or another person in a threatening manner.
c. A subject tries to run a deputy or another person down in a vehicle.
d. A subject physically attacks a deputy, and the deputy reasonably believes his/her
life is endangered.

C. Deputy Response Options

Command presence and verbal communication often will defuse many volatile situations.
Sometimes, however, these are not enough or the deputy may not have an opportunity
to use them. A deputy may have to use physical force to gain control of the situation.

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 Physical force includes physical control, the use of non-lethal weapons, and potentially
deadly force. Deputies need not apply force in gradually increasing steps in order to
justify physical control or even deadly force. Instead, deputies need to respond with the
level of force reasonably necessary for the circumstances in each specific situation.
1. Physical Control
Achieving compliance or custody through the use of empty-hand or leverage-
enhanced techniques, such as pain compliance, transporters, restraint devices,
takedowns, and striking techniques.
2. Less-lethal Weapons
a. All uniformed patrol deputies with the rank of Sergeant or below are required to
carry a Conducted Energy Weapon (CEW) during all law enforcement operations
and applicable training sessions. Lieutenants who do not choose to be equipped
with a CEW must carry, at minimum, OC Spray or an expandable baton. Each
deputy equipped with a CEW will be trained in its use as prescribed in Policy
500.08: Conducted Energy Weapon.
b. Additional less-lethal options that have been approved and authorized
include:
1. CS/OC spray;
2. Expandable baton;
3. 12 gauge shotgun with less-lethal impact munitions;
4. Single shot 40mm launcher (SWAT only).
3. Deadly Force
Deadly force means force that is likely to cause death or great bodily harm.
It is the policy of the Brevard County Sheriff’s Office to restrict the use of the Vascular Neck
Restraint (VNR) to only the sworn employees who are appropriately trained in the utilization
of the VNR response to resistance technique, which shall be limited to only those incidents
wherein a justifiable use of deadly force circumstance exists (See Policy 500.29 for full
details).
4. Warning shots are not authorized.
5. Deputy Sheriff/ Involved Shootings
a. Deputy involved shootings defined: Any shooting involving a sworn deputy
sheriff, during the lawful commission of his/her duties, either on or off duty that
was an attempt to utilize deadly force against a person. The shooting does not
have to result in a person being injured or killed by the deputy, or that the
deputy is injured or killed by a perpetrator.
b. The Brevard County Sheriff’s Office Homicide Unit is responsible for the
investigation of all deputy sheriff involved shootings that occur in unincorporated
Brevard County or involve a deputy sheriff in the performance of his/her duty.
The Homicide Unit also investigates law enforcement shootings for municipal
agencies within Brevard County whose agency Chief Officer or designee makes a
formal request and is authorized by the Sheriff or Chief Deputy. Sworn deputy
sheriffs’ are provided the rights set forth in their respective collective bargaining
agreements and FS 112.532.
c. The Sheriff reserves the right to request the Florida Department of Law
Enforcement assume investigative responsibility for a use of deadly force or in
custody death or provide investigative assistance as needed. When an serious
medical episode, in custody death or use of deadly force occurs, other agency
involved divisions, units, or personnel will provide support and resources for the
investigation to ensure protection of the crime scene, collection of evidentiary
items, and interview of witnesses as directed. When the resulting investigative
report is complete it will be forwarded to the State Attorney for an independent
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 review and determination. Once the State Attorney’s findings are received, the
final report package and all enclosures will be forwarded to the Staff Services
Unit.

D. Reporting
1. A Response to Resistance Form and case report are to be completed for the following
use of force incidents and forwarded through the chain of command to Staff Services.
Incidents when a deputy:
a. Discharges a firearm that is not a use of deadly force as defined in this policy.
Exceptions to this reporting requirement are for those instances a discharge occurs
for training or recreational purposes.
b. Applies force on a person through the use of less-lethal options.
c. Applies any physical force other than the application of handcuff restraint
devices that does not result in an actual or claimed injury.
d. Applies any physical force that results in claimed injury whether the injury
is evident or not.
2. In incidents which result in a serious medical episode, in-custody death, serious bodily
injury or death, in lieu of the submission of a Response to Resistance form, the
circumstances and actions taken surrounding such incidents, shall be detailed and
documented by an investigation conducted by the Homicide Unit. When the resulting
investigative report is complete it will be forwarded to the State Attorney for an independent
review and determination. Once the State Attorney’s findings are received, the final report
package and all enclosures will be forwarded to the Staff Services Unit.

E. Responsibilities
1. Deputy:
a. Shall provide for appropriate medical aid, to include emergency medical services
response, once the subject is restrained and no longer a threat to himself/herself
or others, after the:
1) use of deadly force;
2) use of a less-lethal force option, whether injury is actual or claimed. When the
Oleoresin Capsicum (OC Spray) option is administered, decontamination
procedures will begin as soon as the subject is restrained and no longer a
threat to the subject or others;
3) use of the CEW in accordance with 500.08: Conducted Energy Weapon;
4) use of force applied, in the deputy’s opinion, was likely to cause injury, whether
claimed or not.
b. Providing medical aid depending on severity of the apparent or claimed injury,
may consist of but is not limited to the following:
1) increased observation of the suspect to detect changes in physical condition;
2) applying first aid in accordance with basic first aid practices and/or
commensurate with the individual deputy’s level of formal training, e.g.
control bleeding, maintain airway, monitor heart beat;
3) flushing chemical agents from the suspect’s face using water or approved
neutralization products;
4) request of evaluation by emergency medical personnel at the scene or in a
suitable controlled environment;
5) in cases where the medical condition of a suspect is in doubt or
undetermined, request emergency medical personnel to assess the suspect.

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 c. Unless supervisory approval is granted, the deputy completes and submits a
Response to Resistance Form and case report to his/her immediate supervisor
prior to the end of the shift with the exception of incidents outlined in Paragraph
D (2).
d. Photographs will be taken of each suspect involved in the use of force, to include
physical areas on the body, regardless of whether an injury is reported. A ruler
may be used as a scale to reference size for each area of concern/injuries.
Printed photographs will be attached to the original Response to Resistance form,
with the digital images or film processed in accordance with Procedure 500.83:
Digital Imaging/ Photographs/ Video Recording.
e. When discharging a firearm for the purpose of killing a seriously injured,
wounded or dangerous animal, the deputy will complete an “information only”
case report detailing the circumstances surrounding the incident. The case report
will be forwarded through that deputy’s chain of command.
2. Immediate Supervisor:
a. Ensure that the Professional Standards Unit is contacted and briefed on the
circumstances surrounding the discharge and that a Response to Resistance Form
and all required written report(s) are properly completed and submitted by the
deputy.
1) Review documentation received from the deputy and complete the applicable
portion of the Response to Resistance Form.
2) Complete a supervisor overview on any incident report involving discharging a
firearm for the purpose of killing a seriously injured, wounded, or dangerous
animal.
3) Submit all documentation to the Lieutenant for review.
b. Ensure an Employee Injury Report is completed and a separate CR# is obtained
(if applicable).
3. Lieutenant:
a. Review all documentation received from the immediate supervisor and complete
the applicable portion of the Response to Resistance Form.
b. Submit all documentation to the Precinct Commander for review.
4. Precinct Commander:
a. Review all documentation submitted under the requirements of this Procedure.
b. Request additional information if deemed necessary and appropriate.
c. Forward all documentation to Staff Services once review is complete. Staff
Services will serve as central repository for these documents.
5. Staff Services:
Complete a documented annual analysis of all Response to Resistance Reports in
January of each calendar year and submit to the Sheriff and Chief Deputy, pursuant
to Procedure 200.02: Time Sensitive Activities. This documented analysis will
provide the Sheriff with information to determine patterns/trends, training needs,
equipment review and upgrade, and modifications to existing procedures.

F. Administrative Assignment
1. An employee is removed from their primary line duty assignment and placed on
administrative duty or leave during the preliminary administrative review of the
following incidents:
a. The employee’s response to resistance action results in the death or serious
physical injury of a person.
b. The employee is involved in a traffic crash that results in or is likely to result in a
fatality.

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 c. An employee is involved in a critical or traumatic incident that may impair his/her
ability to perform their duties. In these cases, the determination of
administrative assignment is made by the Sheriff or Chief Officer after evaluating
the nature and scope of the incident.
2. The preliminary administrative review is completed and the findings provided to the
Sheriff or designee.
3. Once the preliminary administrative review is complete, the Sheriff or designee
determines if, and when, the employee is placed on administrative duties or returned
to full duty. When cleared for regular duty, the employee is given a return to duty
notice in writing.

G. Statutory Authority
776.05 Law enforcement officers; use of force in making an arrest.—A law
enforcement officer, or any person whom the officer has summoned or directed to assist
him or her, need not retreat or desist from efforts to make a lawful arrest because of
resistance or threatened resistance to the arrest. The officer is justified in the use of any
force:
(1) Which he or she reasonably believes to be necessary to defend himself or herself or
another from bodily harm while making the arrest;
(2) When necessarily committed in retaking felons who have escaped; or
(3) When necessarily committed in arresting felons fleeing from justice. However, this
subsection shall not constitute a defense in any civil action for damages brought for the
wrongful use of deadly force unless the use of deadly force was necessary to prevent the
arrest from being defeated by such flight and, when feasible, some warning had been given,
and:
(a) The officer reasonably believes that the fleeing felon poses a threat of death or
serious physical harm to the officer or others; or
(b) The officer reasonably believes that the fleeing felon has committed a crime involving
the infliction or threatened infliction of serious physical harm to another person.

776.051 Use or threatened use of force in resisting arrest or making an arrest

or in the execution of a legal duty; prohibition.—
(1) A person is not justified in the use or threatened use of force to resist an arrest by a
law enforcement officer, or to resist a law enforcement officer who is engaged in the
execution of a legal duty, if the law enforcement officer was acting in good faith and he or
she is known, or reasonably appears, to be a law enforcement officer.
(2) A law enforcement officer, or any person whom the officer has summoned or directed
to assist him or her, is not justified in the use of force if the arrest or execution of a legal
duty is unlawful and known by him or her to be unlawful.

DEFINITIONS
DEADLY FORCE – Force that is likely to cause death or great bodily harm. Use of deadly
force must be based on the deputy’s reasonable belief that all other response to resistance
options are not feasible or have been exhausted and his/her life, the life of a fellow deputy,
or other innocent person is in imminent danger of death or great bodily harm.

DE-ESCALATION – Decreasing the use of force or resistance.

DISENGAGEMENT – Discontinuing a command or physical use of force.

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ESCALATION – Increasing the use of force or resistance.

GREAT BODILY HARM – Any threat or action by its nature, that would likely cause
permanent disfigurement and/or death.

LESS-LETHAL FORCE – A concept of planning and force application, which meets

objectives, with less potential for causing death or serious physical injury than conventional
tactics.

LESS-LETHAL WEAPON – A weapon used for the purpose of compliance, overcoming

resistance or preventing serious injury without a significant likelihood of causing death.

PHYSICAL FORCE – Use of control holds and/or other force necessary to effect an arrest
without the use of weapons.

REASONABLE BELIEF – Knowledge sufficient for an ordinary and prudent person under
the circumstances, to believe criminal activity is at hand or that a certain condition exists.

RESPONSE TO RESISTANCE FORM (LEF-13) – A required form to document details of

any response to resistance. In the case of incidents which result in an in-custody death or
serious bodily injury, in lieu of a Response to Resistance Form, the circumstances
surrounding the use of force shall be detailed in the investigative report.

SWORN DEPUTY SHERIFF – Within the Brevard County Sheriff’s Office includes sworn law
enforcement, sworn correctional and sworn court services deputies who are currently
employed and in good standing with the agency.

REFERENCES
State/Federal Regulations:
FS 776.05: Law enforcement officers; use of force in making an arrest
FS 776.051: Use or threatened use of force in resisting arrest or making an arrest or in
the execution of a legal duty; prohibition.

CFA/FCAC:
CFA Standards Chapters 4 and 15

Forms:
LEF-13: Response to Resistance

Other Policy/Procedure References:

500.08: Conducted Energy Weapon
500.29: Vascular Neck Restraint (VNR)
500.77: Weapons

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