GENERAL ORDERS LINCOLN POLICE DEPARTMENT
SUBJECT: GENERAL OPERATIONS
TITLE: DUTY TO INTERVENE
EFFECTIVE DATE: AUGUST 1, 2025
REVISION DATE:
ACCREDITATION: ALABAMA ASSOCIATION OF CHIEFS OF POLICE (AACOP)
APPROVAL: CHIEF SCOTT BONNER
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DUTY TO INTERVENE
301.1 PURPOSE
To set forth the affirmative duty of employees to intervene to prevent or stop misconduct that is being conducted by Lincoln Police Department employees, or members of other law enforcement agencies.
301.1.1 DEFINITIONS
INTERVENE - To come between, whether verbally or physically, so as to prevent or alter a result or course of events.
REASONABLE OPPORTUNITY - Knowledge, ability, and opportunity
301.2 POLICY
All employees shall intervene and notify appropriate supervisory authority if they witness an Lincoln Police Department employee, or member of another agency engage in any unreasonable use of force, or if they become aware of any violation of departmental policy, state or federal law, or local ordinance. The spirit of this policy is to bring focus to the areas of misconduct mentioned below.
If the allegation involves a supervisor, the next ranking supervisor or command level officer will be notified.
301.3 INTERVENTION PROCEDURES
(a) All employees, who have a reasonable opportunity, to intervene to prevent or stop any member committing misconduct or unethical behavior by employees which would bring discredit upon the agency, including but not limited to:
1. Unreasonable force, including actions that may lead to the use of unreasonable force.
2. Constitutional rights violations.
3. Violations of federal, state, or local laws.
4. Sexual misconduct.
5. Theft/Fraud.
(b) Officer(s) witnessing the use of unreasonable force or actions which may lead to the use of unreasonable force by law enforcement personnel shall intervene by taking all necessary actions, including, but not limited to:
1. Using verbal persuasion and/or commands.
2. Moving between and providing separation between the officer(s) and the subject.
3. Physically restraining the officer(s).
(c) Non-sworn employees observing the use of unreasonable force by members may attempt to intervene verbally but should not attempt a physical intervention.
(d) A Supervisor who observes misconduct shall issue a direct order to the member(s) involved to cease such actions immediately.
(e) Any required intervention or knowledge of misconduct shall be reported to a supervisor by the employee as soon as safely possible, but no later than the end of shift.
301.3.1 PERSPECTIVE
When observing or reporting force used by a law enforcement officer, each officer should take into account the totality of the circumstances and the possibility that other law enforcement officers may have additional information regarding the threat posed by the subject.
301.4 LIABILITY FOR FAILURE TO INTERVENE
A member, who has a reasonable opportunity, but fails to intervene may be liable in a court of law and, at the very least, in disciplinary matters. Specifically, as to excessive force, a member who fails to act to prevent the use of excessive force may be held liable when:
(a) The member observed or had reason to know that excessive force would be or was being used, and
(b) the member had both the opportunity and means to prevent the harm from occurring. Turner v. Scott, 119 F. 3d 425 (1997).
These policies and operating procedures are not designed to cover every possible scenario or situation in society, but rather to define standard operating procedures for members of the Lincoln Police Department. These guidelines are subject to past, present and future judicial review. These guidelines can be amended and or repealed by the Chief of Police as necessary. The policies and procedures herein provided supersede all previous policies and orders.
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