Kent County, DE Policy Manual Sheriff's Office

The Sheriff and Deputy Sheriffs are required to participate in scheduled firearm training programs.

The Sheriff and Deputy Sheriffs will receive annual training on the Use of Force Policy and related policies and qualify with their authorized firearm(s) consistent with the Delaware Council of Police Training Requirements for a minimum of one time a year.

Training will consist of a full day, and proficiency training must be monitored by a certified weapons instructor.

Training and proficiency must be documented.

The Sheriff and Deputy Sheriffs who do not qualify with an authorized firearm will be given remedial training in the proper use of that firearm prior to resuming their official duties.

(6)

The Sheriff and Deputy Sheriffs demonstrating proficiency in the use of authorized firearms will be approved to carry such firearms.

(7)

The Sheriff and Deputy Sheriffs failing to achieve and maintain proficiency, as defined above, shall promptly return all County-owned firearms and accessories to the Sheriff or his designee for proper storage until further notice.

Ammunition and handgrips.

Only unadulterated ammunition issued by the Sheriff's Office will be carried in any authorized firearm(s).

The use of handgrips, other than those issued with the service weapons, must be approved by the assigned Range Master.

No one, other than an armorer approved by the Sheriff, will perform service on a firearm beyond routine maintenance and cleaning.

Copy of Policy. The Sheriff and Deputy Sheriffs, prior to being issued a weapon(s), shall receive a copy and be instructed in all firearm-related policies. The Sheriff or his designee shall retain records of the issuance of such policies and the instruction pertinent to such policies.

Warning shots. Any warning shots are prohibited under this Policy.

Personal firearms. No personally owned firearms or ammunition shall be carried by any Sheriff and Deputy Sheriffs when in the performance of their official duties.

Authorized firearms.

The Sheriff and Deputy Sheriffs, while in the performance of their duties and/or in performance of other official duties, shall be required to be armed with the officially issued weapon(s) and ammunition.

The Sheriff and Deputy Sheriffs are required to be armed and shall carry their weapon in a County-issued holster readily retrievable, along with their official County identification and official badge. Officers shall never display firearms in any public place except for official use. Discretion shall be used at all times.

The Sheriff and Deputy Sheriffs shall store all firearms by fully engaging a gun lock or by securing the firearm in a gun or compatible safe during off-duty hours. Firearms shall not be stored in vehicles during off-duty hours.

Off-duty firearms.

The Sheriff and Deputy Sheriffs shall not carry their officially issued firearm(s) during off-duty hours.

If the Sheriff or Deputy carries his or her officially issued firearm out of state in his or her official capacity, it is their responsibility to determine if he or she can legally carry the firearm in that state.

Intoxication/prescriptions. The Sheriff and Deputy Sheriffs shall not carry a firearm while consuming, or under the influence of, any intoxicants.

The Sheriff and Deputy Sheriffs should use good judgment in carrying a firearm while taking any medication or prescription drugs authorized by a physician.

Mechanical soundness of firearm. All authorized firearms will be checked by the Range Master for mechanical soundness and efficiency prior to their certification for department use. Final decisions as to the suitability and soundness of an authorized firearm will rest with the Range Master, with consultation and approval of the Sheriff. The Sheriff's Office utilizes the Bridgeville Rifle and Pistol Club; our office does not have membership status at Bridgeville Club; we are guests of our range instructor who is a retired police firearms master instructor. Our instructor reminds the Sheriff and Deputies of the range rules before we enter the property.

Ammunition. The Sheriff and Deputy Sheriffs must qualify with the approval of the Range Master utilizing the following ammunition requirements:

All ammunition carried will be of a commercial nature, factory-fresh (no reloads allowed) and will be unadulterated.

The following bullet types are prohibited for on-duty carry: full metal jacket, armor piercing, explosive fused or loose shot pellets.

Firearms qualification ammunition will generate those amounts of energy and recoil that are comparable to the ammunition to be carried.

All ammunition to be carried shall be approved by the Range Master. If the authorized firearm is carried off-duty, only approved ammunition will be carried in same.

Notification report.

It is the Sheriff and Deputy Sheriff's responsibility to immediately report any accidental or intentional discharge of his or her official firearm(s), except on the range, or failure to qualify for use to the Sheriff or his designee. A full report shall be submitted by the Sheriff or his designee who has discharged his or her weapon detailing the incident, and copies shall be forwarded to the County Attorney and County Personnel Director within 24 hours of the incident. NOTE: If the Sheriff (himself) is involved with an accidental or intentional discharge of an issued firearm, a report will be submitted to the County Attorney and County Personnel Director.

At a minimum, the incident report shall fully explain the circumstances surrounding the incident, including, but not limited to, the following:

The name and address of any injured person or persons at whom deadly force was directed.

Names and addresses of any witnesses.

Date and time of occurrence.

(d)

Location of occurrence.

(e)

Results of shots fired (extent of wounds, other objects struck, etc.).

(f)

Other pertinent information concerning the incident written in narrative form, to include justification for the use of force, etc.

In the case of an accidental discharge that does not involve personal injury or property damage, the Sheriff shall complete a full investigation, and a written report detailing the incident shall be forwarded to the Personnel Director within 48 hours.

Incidents wherein a firearm is intentionally discharged on vicious or aggressive animals when those animals interfere with the safety of the Sheriff or Deputy to dispatch an injured animal for humane reasons, so long as other ordinances are not violated, need to be documented by a written report and submitted to the Sheriff for review with copy to the County Attorney.

Violations. Any violation of this Policy shall be fully investigated, and appropriate action will be taken by the Sheriff to prevent future incidents. In addition, the Kent County Levy Court may, for any reason, require the immediate return of any and all County-owned firearms and equipment and/or prohibit the use of same for such duration as it determines is necessary. The Levy Court may restore the use of any County-owned firearm or equipment upon written request and reasoned justification by the Sheriff.

§ 13-2 Use of force.

[Adopted 9-12-2000 (S-2); amended 6-14-2016 (P16-01a); 9-29-2020 by P20-04]

The Kent County Levy Court recognizes and respects the value and special integrity of each human life, but understands that the Sheriff of Kent County and sworn Deputy Sheriffs may be required to exercise their lawful authority to use force to protect the public welfare. Therefore, it is the policy of Kent County Levy Court that the Sheriff and his Deputies shall use only that force that is reasonably necessary to effectively bring an incident under control, while protecting the lives of self or another.

Purpose. The purpose of this Policy is to provide guidelines for the Sheriff and Deputy Sheriffs to follow in the use of force, either deadly or non-deadly, to bring an incident under control.

Definitions. As used in this section, the following terms shall have the meanings indicated:

DEADLY FORCE

Any use of force likely to cause death or serious bodily injury.

DEADLY OR LETHAL WEAPON

Any weapon which is designed to cause death or serious bodily injury.

DEPUTY

A duly sworn Deputy Sheriff serving in the Office of the Sheriff of Kent County who is authorized to use force and/or weapons for protection of self or others in the performance of their duties.

NON-DEADLY FORCE

Any force other than deadly force.

NON-LETHAL WEAPON

Any weapon, other than a firearm, which is used to control persons or defend someone from harm (e.g., baton, pepper spray) or any weapon of opportunity used to subdue a combative individual (e.g., handcuffs or other restraint devices).

REASONABLE BELIEF

Belief based on facts or circumstances which the Sheriff or Deputy knows or should know, and are such to cause a reasonable and prudent person to act or think in a similar way under similar circumstances.

SERIOUS PHYSICAL INJURY

That which causes or appears to cause a substantial risk of:

Death;

Serious and prolonged disfigurement;

Prolonged impairment of health; or

Prolonged loss or impairment of the function of any bodily organ.

SHERIFF

A duly elected Row Officer in the County who is responsible for overseeing the Kent County Sheriff's Office and its personnel and authorized to use force and/or weapons for protection of self or others in the performance of their duties.

WEAPON

Any item or piece of equipment, other than empty hands, which is used to inflict pain or injury.

Use of force.

The Sheriff and/or Deputies of the Kent County Sheriff's Office shall use only the force necessary to affect lawful objectives. An officer obtains the right to use force, including deadly force, in certain situations as defined by 11 Del. C. § 467. The Sheriff and Deputy Sheriffs shall completely familiarize themselves with this section of the state law.

Whenever the Sheriff and Deputy Sheriffs employ deadly force, there should be no question as to what person the deadly force is being directed against or that the Sheriff and Deputy Sheriffs have a legal right to employ such force. In all cases, the Sheriff and Deputy Sheriffs should believe the force employed creates no substantial risk of injury to innocent persons. The Sheriff and Deputy Sheriffs must have a clear line of fire to discharge the firearm.

The use of deadly force is only justified in the following situations:

The officer has a reasonable belief that the person to whom deadly force is being directed is about to inflict death or serious physical injury upon the officer.

The officer believes the person to whom deadly force is being directed is causing or is about to cause death or serious physical injury to another individual.

The officer is assisting another law enforcement officer upon which a person is about to inflict death or serious physical injury.

If, during the use of deadly force, or non-deadly force, any person(s) is(are) injured, he or she shall be taken to the appropriate medical facility for treatment, if necessary. The Sheriff and Deputy Sheriffs present shall render any necessary first aid, for which qualified, until the arrival of emergency medical personnel.

Reports of force or injury.

All Deputies shall submit a written report to the Sheriff within 24 hours of occurrence any time a Deputy:

Discharges a firearm, for other than training purposes;

Takes any action that results in, or is alleged to have resulted in, injury or death of another person; or

Applies force through the use of lethal or non-lethal weapons.

All reports concerning force or injury shall be forwarded after review by the Sheriff, but no later than two working days, to the County Attorney, and the Personnel Director for submission to the County's insurance carrier.

The Sheriff and Deputy Sheriffs are prohibited from discharging their firearms in the line of duty when in their judgment it appears the following circumstances exist:

When it appears likely a person other than the perpetrator will be hit.

When in a crowded area.

At a perpetrator(s) who is(are) holding an innocent person hostage when firing would endanger the hostage or any other innocent person.

At a motor vehicle and/or the occupants therein, unless as a last resort and only when the operator of the vehicle is directing the vehicle as deadly force against the Sheriff and Deputy Sheriffs or an innocent person(s) and the Sheriff and Deputy Sheriffs believe employing deadly force creates no substantial risk of injury to innocent persons.

When the Sheriff and Deputy Sheriffs do not have a clear line of fire.

Warning shots are prohibited.

Non-deadly force. The Sheriff and Deputy Sheriffs will be issued and/or receive instruction in the use of non-deadly force weapons. Only those non-deadly weapons authorized by the Sheriff may be carried. The Sheriff and Deputy Sheriffs must complete training and demonstrate proficiency in the use of such weapons prior to being authorized to carry them while in the performance of their official capacity.

Approved non-deadly weapons are: oleoresin capsicum spray.

The Sheriff and Deputy Sheriffs shall only use the force necessary to affect lawful objectives.

The Sheriff and Deputy Sheriffs shall only use the following items of equipment, or any other equipment, for the purpose of protecting themselves or a third party from bodily harm:

Aerosol spray: Oleoresin capsicum spray is a less-than-lethal alternative to force for subduing threating individuals and animals. It consists of liquid extract of the cayenne and/or chili pepper plants.

The Sheriff and Deputy Sheriffs of the Kent County Sheriff's Office will be issued oleoresin capsicum (O.C.) aerosol spray, first defense sabre red magnum 120 pepper spray with flip-top lock, 4.4 oz. size, police strength formula, with holster.

[2]

The Sheriff and Deputy Sheriffs are hereby authorized to use oleoresin capsicum (O.C.) aerosol spray in certain circumstances, after attending an authorized training session detailing its usage.

[3]

The oleoresin capsicum (O.C.) aerosol spray is to provide protection from bodily harm when the Sheriff and/or his Deputy is put in immediate danger or in imminent peril of physical assault by a person or protection against a violent animal.

[4]

Oleoresin capsicum (O.C.) aerosol spray will be used only after reasonable efforts to control a violent person have failed, or when such effort would clearly be futile. The amount used will be only that amount necessary to subdue the subject.

[5]

Unauthorized use of oleoresin capsicum (O.C.) aerosol spray will subject the Deputies to the same disciplinary action as would the use of any unauthorized or unnecessary force.

Handcuffs: a restraint device designed to secure an individual's wrists in proximity to each other, for their safety or the protection of others.

No one can predict each and every situation that will require the use of handcuffs. The final decision as to the need for the use of handcuffs is most frequently left up to the best judgment and discretion of the Sheriff and Deputy Sheriffs.

[2]

Handcuffs may be used in the following situations:

[a]

Unruly, hostile and extremely argumentative persons, for the purpose of protecting the Sheriff and Deputy Sheriffs or others.

[b]

Persons whom the Sheriff and Deputies have reason to believe will attempt to cause harm to themselves and/or others, regardless of the present situation.

[c]

Circumstances where state law or regulation requires use.

[3]

When using handcuffs, the Sheriff and Deputy Sheriffs should not:

[a]

Handcuff themselves to an individual.

[b]

Forget to double-lock and check the handcuffs after they have been applied.

[c]

Tighten the handcuffs in such a fashion they pinch the skin, restrict circulation, or intentionally cause the individual unreasonable discomfort.

Flashlights: a small battery-operated portable electric light, to provide illumination when there is no stationary, permanent light source in the observing area, or there is inadequate light source and daylight.

Mini-tactical flashlights may be issued by the Sheriff to Deputies.

[2]

The primary application of the flashlight is as a source of illumination.

[3]

Flashlights are not intended to be used as a weapon, but there maybe exigent circumstances where it may be necessary to use it as a defensive instrument.

(d)

The following defensive weapons are strictly prohibited:

Sap glove;

Brass knuckles;

Slapjacks;

Blackjacks;

Stun devices; and

All other defensive weapons not issued or specifically authorized by this Office.

Notification. In the event of an accidental discharge that causes personal injury, or any intentional firing of a weapon which causes personal injury, the following persons shall be notified:

Sheriff.

County Attorney.

Director of Personnel.

Attorney General's Office.

Police jurisdiction of offense.

Deadly force report. It is the Sheriff and Deputy Sheriff's responsibility to immediately report any accidental or intentional discharge of his or her official firearm(s), except on the range, or failure to qualify for use in their official capacity with the Kent County Sheriff's Office. A full report shall be submitted by the individual involved who has discharged his or her weapon detailing the incident to the Sheriff or his designee, and copies shall be forwarded to the County Attorney and Personnel Director within 24 hours. At a minimum, the incident report shall fully explain the circumstances surrounding the incident, including, but not limited to, the following:

The name and address of any injured person or persons at whom deadly force was directed.

Names and address of any witnesses.

Date and time of occurrence.

Location of occurrence.

Results of shots fired (extent of wounds, other objects struck, etc.).

(6)

Other pertinent information concerning the incident written in narrative form, to include justification for the use of force, etc.

Special reports.

The Sheriff and Deputy Sheriffs shall submit a complete and factual written special report in the following circumstances:

When the Sheriff and Deputy Sheriffs use deadly force.

When the Sheriff and Deputy Sheriffs discharge his or her firearm, whether deliberate or accidental, in accordance with the Firearms Policy, except during target practice.

When an officer is required to strike or use considerable physical force against another person.

(d)

When the Sheriff and Deputy Sheriffs are involved in any incident which results in injury to self or others.

(e)

When the Sheriff and Deputy Sheriffs are involved in any incident which results in damage to state or County property or property of others.

(f)

When the Sheriff and Deputy Sheriffs are in direct knowledge of any violation of County policies, state or federal laws, Sheriff's Office rules and regulations or general orders, by any other member of the office.

A copy of the special report shall be submitted to the Sheriff, County Attorney and Personnel Director within 24 hours of an incident. The report must be signed by the person(s) who participated in the incident or who knows of any misconduct or violation.

At a minimum, the special report shall contain the following information:

Date, time and location of incident.

Name(s) of person(s) involved.

Detailed facts concerning the incident.

The report shall be completed and forwarded prior to the close of the next workday following the incident.

Use-of-force investigation.

In the event of an accidental discharge that causes personal injury or any intentional firing of a weapon at a suspect, whether or not the suspect is hit, an investigation shall be requested through the police agency with jurisdiction.

Upon discharge of a weapon, the Deputy involved may be relieved of duties by the Sheriff pending an inquiry. In all cases involving injury or death, upon request of the Sheriff, the Deputy will be placed on administrative leave of absence with pay pending the completion of the investigation.

Upon intentional discharge of a weapon, an investigation shall be conducted by the police agency with jurisdiction, the Attorney General's office and the Sheriff or his designee.

Upon the completion of any investigation, appropriate action will be taken by the Sheriff to prevent future incidents.

The Kent County Levy Court may, for any reason, require the immediate return of any and all County-owned firearms and equipment and/or prohibit the use of same for such duration as it determines necessary. The Levy Court may restore the use of any County-owned firearm or equipment upon written request and reasoned justification by the Sheriff.

§ 13-3 (Reserved) [1]

Editor's Note: Former § 13-3, Transporting detainees, adopted 9-10-2002 (S-3) and amended 6-14-2016 (P16-01a), was repealed 9-29-2020 by P20-05.

§ 13-4 Use of Sheriff's office vehicles. [1]

[Adopted 9-10-2002 (S-4); amended 6-14-2016 (P16-01a); 9-29-2020 by P20-06]

This Policy establishes guidelines for the proper use, care and maintenance of all vehicles assigned to the Kent County Sheriff's Office.

Vehicle operation. County-owned vehicles assigned to the Sheriff's Office shall be used for official business only. Such vehicles may be used for commuting purposes and incidental uses (i.e., pharmacy, dry cleaners, meal during on-duty hours, etc., on the way to or from work).

Vehicles shall be operated by Sheriff's Office employees only, except as necessary by service personnel performing maintenance or other work on the vehicle.

Vehicles shall be operated in accordance with all state traffic laws, County ordinances and policies, and related procedures established by the Sheriff. Vehicle pursuit is strictly forbidden. Seat belts and shoulder straps shall be worn by all operators and passengers.

Unattended vehicles shall be locked at all times.

Whenever a Sheriff's Office employee is fully relieved of duties (e.g., on vacation out of town or on leave for an extended period of time), the assigned vehicle shall be made available for use by other Sheriff's Office employees and/or stored at the Levy Court County Building parking lot or a designated parking area.

Vehicle maintenance. The vehicle operator shall examine the vehicle each workday for damage and report any observed damage to the Sheriff and the Personnel Office. Operators shall be responsible for routinely checking all fluid levels, belts, hoses and tires for damage or evidence of severe wear; scheduling routine maintenance, unless done by a centralized fleet management system; regularly cleaning and washing the vehicle; and scheduling emergency or major repairs of the vehicle, following approval by the Sheriff.

Vehicle accidents.

Whenever a County-owned vehicle is involved in an accident, it shall be reported immediately to the local police of the jurisdiction where it occurred so a report can be taken. A copy of such report shall be submitted to the County Personnel Director and Sheriff for review and submission to the County insurance carrier. Any collisions not involving another vehicle will be investigated by the Sheriff or his designee.

Except as provided in Subsection D of this Policy, after two preventable accidents within a twelve-month period, as determined by the Sheriff or Personnel Director, the responsible Sheriff's Office employee shall lose commuting privileges for a period of at least one month. A third preventable accident within a twelve-month period shall result in loss of commuting privileges for three months. A fourth preventable accident shall result in loss of use of any County-owned vehicle for a period of one year.

Any violation of this Policy or any other vehicle-related policy shall be fully investigated and appropriate action taken by the Sheriff to prevent future incidents. In addition, the Kent County Levy Court may, by official action and at any time for any reason, prohibit the use of a County-owned vehicle by a Sheriff's Office employee. The Levy Court may, by official action, restore the use of a County-owned vehicle upon written request and reasoned justification by the Sheriff.