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Newport News Police Department
2. Before using a firearm, police officers shall identify themselves and state their intent to shoot when
feasible.
3. Officers shall only draw or display their department-approved firearm when circumstances cause
the officer to reasonably believe that it may be necessary to use the weapon (e.g., building searches,
confronting armed suspects, felony vehicle stops, etc.). [4.1.2]
NOTE: Exceptions to this procedure are discharging a firearm at or as part of the following:
organized shooting matches, authorized range training. legal personal practice and
hunting.
C. Restrictions on the Use of Lethal Force
1. Warning shots are prohibited. [4.1.3]
2. Officers shall not fire from a moving vehicle except as a last resort when all other reasonable means
have been exhausted, and the officer reasonably believes they must fire in order to protect
themselves or others from death or serious injury.
3. Shooting at occupants of moving vehicles is authorized only when a vehicle is operated in a manner
deliberately intended to strike an officer or another person, or the vehicle’s occupants are actively
shooting at an officer or another person, and all other means of defense, including moving out of the
path of the vehicle and/or taking immediate cover have been exhausted or are not available, and the
officer’s actions would not jeopardize the safety of innocent persons.
NOTE: Officers shall remain cognizant of the threat posed by confronting individuals in a moving
vehicle and will take appropriate measures to ensure their personal safety, including
moving out of the path of the vehicle and/or seeking cover.
4. An officer should not discharge their firearm if it appears that an innocent person may be injured.
However, this shall not prohibit the officer from taking such action to protect themselves or others
from death or serious injury. Extreme caution must be used so as not to create a new danger while
attempting to take this course of action.
D. Use of Force During Investigative Detentions (Terry Stops) [4.1.1]
1. If an officer has a reasonable belief that an individual stopped for an investigative detention (Terry
Stop) is armed and/or poses a significant danger to the officer or others, the officer shall be permitted
to employ a level of force to protect themselves and to neutralize any potential danger posed by the
individual stopped. Such levels of force may include:
a. Drawing and/or pointing a firearm at the subject.
b. Requiring the subject to exit this vehicle.
c. Requiring the subject to lie prone on the ground.
d. Restraining the subject (e.g., using handcuffs).
e. Placing the subject in a police vehicle during the investigative detention.
f. Other measures, such as requiring the subject to place their hands on or behind their head or
walk backward towards the officer.
2. The circumstances present at the time must justify the officer’s decision to use a level of force during
the investigative detention. If the use of force exceeds that which is necessary for the investigative
detention, the stop may be deemed a “custodial” detention by the courts. This would mean that the
subject was entitled to certain protections (e.g., Miranda warnings) not required during investigative
detention, and potential evidence could be ruled inadmissible.
E. Reporting On-Duty Use of Force Incidents
1. Uses of force are documented on a Use of Force Report in Axon Standards and is required in the
following instances: [4.2.1(c,d)]
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