Recommendation: Warning before shooting

Warn Before Shooting
Introduction
Campaign Zero's 8 Can't Wait initiative recommends that police departments adopt policies that
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require officers provide a verbal warning before employing use of deadly force when feasible.
Additionally, before using deadly force, officers should provide individuals an adequate amount
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of time to comply with any commands the officers have given.
APD policy requires that officers issue a warning prior to the use of deadly force when "feasible." 115
While this is in alignment with 8 Can't Wait's model policy, it lacks sufficient specificity and detail
to provide officers with a clear understanding of what is expected of them.
Adding clear directives about when and how warnings should be given will help officers to
consistently give appropriate warnings before using of deadly force, potentially eliminating the
need for officers to resort to the use of deadly force. 116 Policies that provide concrete guidance to
officers will increase consistency (in behavior and accountability) and help ensure that officers'
behavior reflects both community and APD goals.
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Warn Before Shooting
Policy review findings
Without further detail in policy, feasibility language is
ambiguous
The requirement for police officers to provide a warning prior to
the use of deadly force if "feasible" was established by the United
States Supreme Court in Tennessee V. Garner. 118 In alignment with
this case, the majority of the police department policies that
meet 8 Can't Wait standards require warnings when "feasible." 115
Other policies that meet the 8 Can't Wait standard may use the
terms "practical" or "possible." 120 120
APD's current policy states that a warning should be given "if
feasible" but provides no other direction. By allowing so much
discretion, the policy fails to provide officers with guidance in
life-or-death situations. In some of the most critical and
consequential moments that officers may face, the policy leaves
them without knowing exactly what is expected of them and
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what factors will be considered in the event of an administrative
investigation into the incident.
APD policy is more robust for less-lethal force warnings
APD policy is virtually silent regarding warning requirements for deadly force, particularly in
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comparison with the warning requirements for less-lethal force options.
The sections for both
TASER and kinetic energy projectiles include the purpose of a warning, verbiage for the warning,
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and reporting requirements.
These specifics are missing from APD's policy regarding warnings
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for deadly-force situations.
APD's policy should provide the same, if not more, specificity and
guidance as its policies governing less-lethal force options.
APD policy does not specify how a warning should be given
Other police departments instruct officers to, as part of their warning, identify themselves and
give a command. 124 APD doesn't require a warning or provide any specifications about how
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warnings should be given. Requiring officers to identify themselves prior to using deadly force
would potentially decrease confusion thereby helping officers to gain or maintain control of the
scene. Additionally, requiring that officers give individuals a clear command and an adequate
amount of time to comply would increase the likelihood of gaining voluntary compliance, which
could eliminate any, real or perceived, need to use deadly force. 126
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Warn Before Shooting
Current APD policies relevant to warning before
shooting
The following APD policies chapters are relevant to warning before shooting:
202.1.1 Firearm Discharge Situations; and
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200.4 Deadly Force Applications.
To view the full excerpts of these chapters, please turn to Appendix F.
Recommended policy changes
Remove the last paragraph of 202.1.1 Policy, which currently includes the following
language
Where feasible, a warning should be given before an officer resorts to deadly force as outlined
(a), (b) or (c) above. A specific warning that deadly force will be used is not required by this order;
only that a warning be given if feasible.
Create a new policy section in General Order 202 adding the following language
VERBAL WARNINGS
Purpose: The purpose of a warning is to provide the individual being targeted with a reasonable
opportunity to voluntarily comply with officer commands and to advise other officers and
bystanders with a warning that deadly force will be deployed.
(a) A verbal warning must be given prior to the deployment of a firearm in all circumstances
unless:
1. Use of deadly force is immediately necessary to prevent imminent death or serious
bodily injury to officers or bystanders on scene; and
2. Giving a warning will place the officer or bystanders in additional danger.
(b) A warning must be given prior to each deployment of a firearm in all circumstances that
don't meet the requirements identified in subsection (a). If an initial deployment of a firearm
meets the requirements in subsection (a), a warning must be given prior to any subsequent
discharges of a firearm.
(c) Any warning must identify officers as police officers and include a clear, specific command
(e.g. "Austin Police! Drop the weapon or I'll shoot!").
1. The warning must be communicated in a manner that enables the targeted
individual to perceive, understand, and comply with any issued commands. Officers
shall take into account factors such as, but not limited to, the following: distance,
environmental conditions, physical/mental condition of the targeted individual,
language barriers, and whether the individual has any disabilities that would inhibit
their ability to perceive, understand, or comply with any commands.
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Shooting
2. Based on factors like the ones listed in subsection (c)(1) above, officers shall have a
reasonable basis for believing that the warning was understood by the individual to
whom it was directed.
3. Officers must give targeted individuals an adequate of time to comply with any
request or command given as a part of the warning.
(d) Warnings shall not include disrespectful, profane, discourteous, harsh, or offensive
language.
(e) The fact that a verbal warning was given, or the reasons it was not given, shall be
documented in any related reports. Officers shall also document any responses by the
targeted individual.
POLICE
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