Home / File A Report / Policies / Use of Force

USE OF FORCE

300.1 PURPOSE AND SCOPE

This policy provides guidelines on the reasonable use of force. While there is no way to specify the exact amount or type of reasonable force to be applied in any situation, every member of this department is expected to use these guidelines to make such decisions in a professional, impartial, and reasonable manner (Cal. Government Code § 7286).

In addition to those methods, techniques, and tools set forth below, the guidelines for the reasonable application of force contained in this policy shall apply to all policies addressing the potential use of force, including but not limited to the 308, Control Devices and Techniques and 309, Conducted Energy Device, and 312, Firearms policies.

Retaliation prohibitions for reporting suspected violations are addressed in the 1008, Anti- Retaliation Policy (Cal. Government Code § 7286(b)(4) & § 7286(a)(6)).

300.1.1 DEFINITIONS

Definitions related to this policy include:

Active Resistance- Intentionally and unlawfully opposing the lawful order of a peace officer in a physical manner. Physically evasive movements to defeat an officer's attempt at control, including but not limited to bracing, tensing, running away, or verbally or physically signaling an intention to avoid or prevent being taken into or retained in custody.

Deadly force - Any use of force that creates a substantial risk of causing death or serious bodily injury, including but not limited to the discharge of a firearm (Cal. Penal Code § 835a(e)(1); Cal. Government Code § 7286 (a)(1)).

Excessive force – A level of force is found to have violated the requirements of Cal. Penal Code

  • 835a, Cal. Government Code § 7286(a)(2) or any other applicable law or statute.

Feasible - Reasonably capable of being done or carried out under the circumstances to successfully achieve the arrest or lawful objective without increasing risk to the officer or another person (Cal. Government Code § 7286(a)).

Force - The application of physical techniques or tactics, chemical agents, or weapons to another person, in the following situations

  • When applying physical techniques or tactics to escort, direct movement, handcuff, restrain or search with no visible injury or complaint of injury to a compliant subject.
  • When applying a spit mask or spit hood on a subject to prevent spitting.
  • When applying of a firm grip control does not result in injury, the appearance of injury, or complaint of injury (e.g., the use of a grip to control a person's hands while searching or handcuffing).
  • When applying the use of physical techniques or tactics to assist an intoxicated person or a person with a physical disability that does not result in the appearance of injury, or complaint of injury (e.g., lifting an intoxicated person to a standing position).
  • When applying physical techniques on a subject who is non-compliant exhibiting passive resistance (e.g., includes subjects who remain in a sitting, standing, or limp or prone positions without holding on to fixed objects or other persons in an attempt to delay or resist arrest).

Imminent - Pursuant to Cal. Penal Code § 835a(e)(2), a threat of death or serious bodily injury is imminent when, based on the totality of the circumstances, a reasonable officer in the same

situation would believe that a person has the present ability, opportunity, and apparent intent    to immediately cause death or serious bodily injury to the peace officer or another person. An

imminent harm is not merely a fear of future harm, no matter how great the fear, and no matter how great the likelihood of the harm, but is one that, from appearances, must be instantly confronted and addressed.

Intercede - Includes, but is not limited to, physically stopping the excessive use of force, recording the excessive force, if equipped with a body-worn camera, and documenting efforts to intervene, efforts to deescalate the offending officer's excessive use of force, and confronting the offending officer about the excessive force during the use of force and, if the officer continues, reporting to dispatch or the watch commander on duty and stating the offending officer's name, unit, location, time, and situation, in order to establish a duty for that officer to intervene. (Cal. Government Code

  • 7286 (a)(4).

Necessary - It is the intent of the Legislature that peace officers use deadly force only when necessary, in defense of human life. In determining whether deadly force is necessary, officers shall evaluate each situation in light of the particular circumstances of each case and shall use other available resources and techniques if reasonably safe and feasible to an objectively reasonable officer. (Cal. Penal Code § 845(a)(2). Necessity is based on the objectively reasonable standard established by Graham v. Connor, 490 U.S. 386 (1989).

Objectively Reasonable - The legal standard used to determine the lawfulness of a use of force is based on the Fourth Amendment to the United States Constitution. See Graham v. Connor, 490

U.S. 386 (1989). Graham states, in part, "The reasonableness of a particular use of force must be judged from the perspective of a reasonable officer on the scene, rather than with the 20/20 vision of hindsight... (p396). The calculus of reasonableness must embody allowance for the fact that police officers are often forced to make split-second judgments in circumstances that are tense, uncertain, and rapidly evolving about the amount of force that is necessary in a particular situation... (p.396-397). Because the test of reasonableness under the Fourth Amendment is not capable of precise definition or mechanical application... (p396)."

The force must be reasonable under the circumstances known to or reasonably believed by the officer at the time the force was used. Therefore, an agency will examine all uses of force from an objective standard rather than a subjective standard.

Passive Non-Compliant - The subject refuses to comply with officer's lawful commands or cooperate with an officer's directions. Includes passive resistance where subject uses dead weight to prevent being taken into custody. (e.g. includes subjects who remain in a sitting, standing, or limp or prone positions without holding on to fixed objects or other persons in an attempt to delay or resist arrest.

Serious bodily injury - A serious impairment of physical condition, including but not limited to the following: loss of consciousness; concussion; bone fracture; protracted loss or impairment of function of any bodily member or organ; a wound requiring extensive suturing; and serious

disfigurement (Cal. Penal Code § 243(f)(4)).

Totality of the circumstances - All facts known to the officer at the time, including the conduct of the officer and the subject leading up to the use of force (Cal. Penal Code § 835a). 

300.2 POLICY

The use of force by law enforcement personnel is a matter of critical concern, both to the public and to the law enforcement community. officers are involved on a daily basis in numerous and varied interactions and, when warranted, may use reasonable force in carrying out their duties.

Officers must have an understanding of, and true appreciation for, their authority and limitations. This is especially true with respect to overcoming resistance while engaged in the performance of law enforcement duties.

The UCSC PD recognizes and respects the value of all human life and dignity without prejudice to anyone. Vesting officers with the authority to use reasonable force and to protect the public welfare requires monitoring, evaluation and a careful balancing of all interests.

300.2.1 FAIR AND UNBIASED USE OF FORCE

Officers are expected to carry out their duties, including the use of force, in a manner that is fair and unbiased (Government Code § 7286(b)). See the Bias-Based Policing Policy for additional guidance.

300.2.2 DUTY TO INTERCEDE

Any officer present and observing another law enforcement officer or an employee using force that is clearly beyond that which is necessary, as determined by an objectively reasonable officer under the circumstances, shall, when in a position to do so, intercede (as defined by Government Code § 7286) to prevent the use of unreasonable force.

When observing 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 (Government Code § 7286(b)).

300.2.3 FAILURE TO INTERCEDE

An officer who has received the required training on the duty to intercede and then fails to act to intercede when required by law, may be disciplined in the same manner as the officer who used force beyond that which is necessary (Government Code § 7286(b)).

300.2.4 DUTY TO REPORT EXCESSIVE FORCE

Any Officer who observes a law enforcement officer or an employee use force that potentially exceeds what the Officer reasonably believes to be necessary shall immediately report these observations to a supervisor (Government Code § 7286(b)).

As used in this subsection, "immediately" means as soon as it is safe and feasible to do so. 

300.3 USE OF FORCE

Officers shall use only that amount of force that reasonably appears necessary given the facts and totality of the circumstances known to or perceived by the officer at the time of the event to accomplish a legitimate law enforcement purpose (Penal Code § 835a).

The reasonableness of force will be judged from the perspective of a reasonable officer on the scene at the time of the incident. Any evaluation of reasonableness must allow for the fact that officers are often forced to make split-second decisions about the amount of force that reasonably appears necessary in a particular situation, with limited information and in circumstances that are tense, uncertain, and rapidly evolving.

Given that no policy can realistically predict every possible situation officer might encounter, officers are entrusted to use well-reasoned discretion in determining the appropriate use of force in each incident. Officers may only use a level of force that they reasonably believe is proportional to the seriousness of the suspected offense or the reasonably perceived level of actual or threatened resistance (Government Code § 7286(b)).

It is also recognized that circumstances may arise in which officers reasonably believe that it would be impractical or ineffective to use any of the approved or authorized tools, weapons, or methods provided by the UCSC PD. Officers may find it more effective or reasonable to improvise their response to rapidly unfolding conditions that they are confronting. In such circumstances, the use of any improvised device or method must nonetheless be objectively reasonable and utilized only to the degree that reasonably appears necessary to accomplish a legitimate law enforcement purpose.

While the ultimate objective of every law enforcement encounter is to avoid or minimize injury, nothing in this policy requires an officer to retreat or be exposed to possible physical injury before applying reasonable force. Retreat does not mean tactical repositioning or other de-escalation tactics (Cal. Penal Code § 835a(d)).

300.3.1 DE-ESCALATION AND FORCE ALTERNATIVES

As time and circumstances reasonably permit, and when community and officer safety would not be compromised, officers should consider actions that may increase officer safety and may decrease the need for using force:

  • Summoning additional resources that are able to respond in a reasonably timely manner.
  • Formulating a plan with responding officers before entering an unstable situation that does not reasonably appear to require immediate intervention.
  • Employing other tactics that do not unreasonably increase officer jeopardy.

In addition, when reasonable, officers should evaluate the totality of circumstances presented at the time in each situation and, when feasible, consider and utilize reasonably available alternative tactics and techniques that may persuade an individual to voluntarily comply or may mitigate the need to use a higher level of force to resolve the situation before applying force (Government Code § 7286(b)). Such alternatives may include but are not limited to:

  • Attempts to de-escalate a situation.
  • If reasonably available, the use of crisis intervention techniques by properly trained personnel

300.3.2 USE OF FORCE TO EFFECT ARREST

Any peace officer may use objectively reasonable force to effect an arrest, to prevent escape,  or to overcome resistance. A peace officer who makes or attempts to make an arrest need not retreat or desist from his/her efforts by reason of resistance or threatened resistance on the part of the person being arrested; nor shall An officer be deemed the aggressor or lose his/her right to self-defense by the use of reasonable force to effect the arrest, prevent escape, or to overcome resistance. Retreat does not mean tactical repositioning or other de-escalation techniques (Penal Code § 835a).

300.3.3 FACTORS USED TO DETERMINE THE REASONABLENESS OF FORCE

When determining whether to apply force and evaluating whether an officer has used reasonable force, a number of factors should be taken into consideration, as time and circumstances permit (Government Code § 7286(b)). These factors include but are not limited to:

  • The apparent immediacy and severity of the threat to officers or others (Penal Code
  • 835a).
  • The conduct of the individual being confronted, as reasonably perceived by the officer at the time (Penal Code § 835a).
  • Officer/subject factors (age, size, relative strength, skill level, injuries sustained, level of exhaustion or fatigue, the number of officers available vs. subjects).
  • The conduct of the involved officer leading up to the use of force (Penal Code 835a).
  • The effects of suspected drugs or alcohol.
  • The individual's apparent mental state or capacity (Penal Code § 835a).
  • The individual’s apparent ability to understand and comply with officer commands (Penal Code § 835a).
  • Proximity of weapons or dangerous improvised devices.
  • The degree to which the subject has been effectively restrained and his/her ability to resist despite being restrained.
  • The availability of other reasonable and feasible options and their possible effectiveness (Penal Code § 835a).
  • Seriousness of the suspected offense or reason for contact with the individual prior to and at the time force is used.
  • Training and experience of the officer.
  • Potential for injury to officers, suspects, bystanders, and others.
  • Whether the person appears to be resisting, attempting to evade arrest by flight, or is attacking the officer.
  • The risk and reasonably foreseeable consequences of escape.
  • The apparent need for immediate control of the subject or a prompt resolution of the situation.
  • Whether the conduct of the individual being confronted no longer reasonably appears to pose an imminent threat to the officer or others.
  • Prior contacts with the subject or awareness of any propensity for violence.
  • Any other exigent circumstances.

300.3.4 PAIN COMPLIANCE TECHNIQUES

Pain compliance techniques may be effective in controlling a physically or actively resisting individual. Officers may only apply those pain compliance techniques for which they have successfully completed Department-approved training. Officers utilizing any pain compliance technique should consider:

  • The degree to which the application of the technique may be controlled given the level of resistance.
  • Whether the person can comply with the direction or orders of the officer.
  • Whether the person has been given sufficient opportunity to comply.

The application of any pain compliance technique shall be discontinued once the officer determines that compliance has been achieved.

300.3.5 RESTRICTIONS ON THE USE OF CAROTID CONTROL HOLD

Officers of this Department are not authorized to use a carotid restraint hold. A carotid restraint means a vascular neck restraint or any similar restraint, hold, or other defensive tactic in which pressure is applied to the sides of a person's neck that involves a substantial risk of restricting blood flow and may render the person unconscious in order to subdue or control the person (Government Code § 7286.5).

300.3.6 RESTRICTIONS ON THE USE OF A CHOKE HOLD

Officers of this Department are not authorized to use a choke hold. A choke hold means any defensive tactic or force option in which direct pressure is applied to a person's trachea or windpipe (Government Code § 7286.5).

300.3.7 ADDITIONAL RESTRICTIONS

Officers of this department are not authorized to use techniques or transport methods that involve a substantial risk of positional asphyxia (Cal. Government Code § 7286.5(a)(2)).

"Positional asphyxia" means situating a person in a manner that compresses their airway and reduces the ability to sustain adequate breathing. This includes, without limitation, the use of any physical restraint that causes a person's respiratory airway to be compressed or impairs the person's breathing or respiratory capacity, including any action in which pressure or body weight is unreasonably applied against a restrained person's neck, torso, or back, or positing a restrained person without reasonable monitoring for signs of asphyxia (Cal. Government Code § 7285.5(b) (4)).

While it is impractical to restrict an officer's use of reasonable control methods when attempting to restrain a combative individual, officers are not authorized to use any restraint or transportation method which might unreasonably impair an individual's breathing or respiratory capacity for a period beyond the point when the individual has been adequately and safely controlled. Once the individual is safely secured, officers should promptly check and continuously monitor the individual's condition for signs of medical distress (Cal. Government Code § 7286.5).

300.3.8 USE OF FORCE TO SEIZE EVIDENCE

In general, officers may use reasonable force to lawfully seize evidence and to prevent the destruction of evidence. However, officers are discouraged from using force solely to prevent     a person from swallowing evidence or contraband. In the instance when force is used, officers should not intentionally use any technique that restricts blood flow to the head, restricts respiration or which creates a reasonable likelihood that blood flow to the head or respiration would be restricted. Officers are encouraged to use techniques and methods taught by the Department for this specific purpose.

300.4 INTERMEDIATE FORCE APPLICATIONS

Intermediate force options are neither likely nor intended to cause death, but have a significant risk of bodily injury or harm. In situations where a subject is actively resisting and poses a threat to the safety of officers or the public, officers may use intermediate force where such force would be objectively reasonable under the totality of the circumstances. Intermediate force is typically appropriate to compel compliance by a subject displaying assaultive resistance. This force option includes devices intended to assist peace officers in gaining control of subjects who refuse to  submit to lawful authority. This may include for example: batons, conducted energy devices (CED), oleoresin capsicum (OC) spray, chemical agents, restraints, kinetic energy projectiles (KE), and personal weapons including hands, feet, elbows, or knees.

300.5 DEADLY FORCE APPLICATIONS

Where feasible, the officer shall, prior to the use of deadly force, make reasonable efforts to identify themself as a peace officer and to warn that deadly force may be used, unless the officer has objectively reasonable grounds to believe the person is aware of those facts (Penal Code § 835a).

If an objectively reasonable officer would consider it safe and feasible to do so under the totality of the circumstances, officers shall evaluate and use other reasonably available resources and techniques when determining whether to use deadly force. To the extent that it is reasonably practical, officers should consider their surroundings and any potential risks to bystanders prior to discharging a firearm (Government Code § 7286(b)).

The use of deadly force is only justified when the officer reasonably believes it is necessary in the following circumstances (Penal Code § 835a):

  • An officer may use deadly force to protect themself or others from what the officer reasonably believes is an imminent threat of death or serious bodily injury to the officer or another person.
  • An officer may use deadly force to apprehend a fleeing person for any felony that threatened or resulted in death or serious bodily injury, if the officer reasonably believes that the person will cause death or serious bodily injury to another unless immediately apprehended.

Officers shall not use deadly force against a person based on the danger that person poses to themself, if an objectively reasonable officer would believe the person does not pose an imminent threat of death or serious bodily injury to the officer or to another person (Penal Code § 835a).

Additionally, an officer shall not use deadly force against a person whose actions are a threat solely to property unless the person poses an imminent danger of death or serious physical injury to the officer or others in close proximity.

A threat of death or serious injury is "imminent" when, based on the totality of the circumstances, a reasonable officer in the same situation would believe that a person has the present ability, opportunity, and apparent intent to immediately cause death or serious bodily injury to the officer or another person. An imminent harm is not merely the likelihood of future harm, but is one that, from appears, must be instantly confronted and addressed (Cal. Penal Code § 835a).

300.5.1 SHOOTING AT OR FROM MOVING VEHICLES

Firearms shall not be discharged from a moving vehicle except in articulable exigent circumstances; firearms shall not be discharged at a moving vehicle except under the following circumstances:

  • An officer should only discharge a firearm at a moving vehicle or its occupants when the officer believes there are no other reasonable means available to avert the

imminent threat of the vehicle, or if deadly force other than the vehicle is directed at the officer or others (Cal. Government Code § 7286(b)).

  • The vehicle is operated in a manner deliberately intended to strike an officer or another person, and all other reasonable means of defense have been exhausted, which includes moving out of the path of the vehicle. When feasible, officers should take reasonable steps to move out of the path of an approaching vehicle instead of discharging their firearm at the vehicle or any of its occupants (Cal. Government Code
  • 7286(b)).

 300.5.2 DISPLAYING OF FIREARMS

Given that individuals might perceive the display of a firearm as a potential application of force, officers should carefully evaluate each tactical situation and use sound discretion when drawing a firearm in public by considering the following guidelines (Government Code § 7286(b)):

  • If an officer reasonably believes that a threat exists based on the totality of circumstances presented at the time (e.g., high-risk stop, tactical entry, armed encounter, threatened use of force), firearms may be pointed in a manner reasonable for the Once it is reasonable safe to do so, officers should secure all firearms.
  • Drawing, displaying or exhibiting a firearm in itself, is not a use of However, when a firearm is drawn or exhibited to gain compliance from a subject, the circumstances shall be documented in a police report.The requirement to report the incident does not apply to a firearm kept at the low-ready or other positions where an officer does not intentionally point a firearm directly at an individual

300.6 REPORTING THE USE OF FORCE

Officers shall document any use of force promptly, completely, and accurately in an appropriate report, depending on the nature of the incident. The officer should articulate the factors perceived and why the officer believed the use of force was reasonable under the circumstances. To collect data for purposes of training, resource allocation, analysis, and related purposes, the Department may require the completion of additional report forms, as specified in department policy, procedure, or law.

See the Report Preparation Policy for additional circumstances that may require documentation.

For purposes of reporting and use of force, drawing, displaying or exhibiting a CED is not considered a firearm.

300.6.1 NOTIFICATION TO SUPERVISORS

Any use of force by an officer shall be reported immediately to a supervisor, including but not limited to the following circumstances (Penal Code § 832.13):

  • The application caused a visible injury.
  • The application would lead a reasonable officer to conclude that the individual may have experienced more than momentary discomfort.
  • The individual subjected to the force complained of injury or continuing pain.
  • The individual indicates intent to pursue litigation.
  • Any application of a conducted energy device or control device.
  • Any application of a restraint device other than handcuffs, shackles, or belly chains.
  • The individual subjected to the force was rendered unconscious.
  • An individual was struck or kicked.
  • An individual alleges unreasonable force was used or that any of the above has
  • Any discharge of a department issued firearm that was not pre-approved as a firearms training exercise.
  • Any use of force incident involvement by an officer while deployed for mutual aid, SRT, or any other aid, while serving as a representative of the department, wearing a department issued uniform, and utilizing department issued equipment shall be reported to the supervisor in charge of the detail, as well as the officer's immediate department supervisor.

 300.6.2 REPORTING TO CALIFORNIA DEPARTMENT OF JUSTICE

The Records Section shall annually furnish to the Department of Justice, in a manner defined and prescribed by the Attorney General, a report of all instances when a peace officer employed by that agency is involved in any of the following:

  1. An incident involving the shooting of a civilian by a peace officer.
  2. An incident involving the shooting of a peace officer by a civilian.
  3. An incident in which the use of force by a peace officer against a civilian result in serious bodily injury or death.
  4. An incident in which use of force by a civilian against a peace officer results in serious bodily injury or death (Cal. Government Code § 12525.2).

300.6.3 REPORTING TO UNIVERSITY OF CALIFORNIA OFFICE OF THE PRESIDENT

All data furnished to the Department of Justice in 300.5.2 shall be reported to the University of California Office of the President, as required by that office.

300.6.4 REPORT RESTRICTIONS

Officers shall not use the term "excited delirium" to describe an individual in an incident report. Officers may describe the characteristics of an individual's conduct, but shall not generally describe the individual's demeanor, conduct, or physical and mental condition at issue as "excited delirium" (Health and Safety Code § 24402).

300.7 MEDICAL CONSIDERATIONS

Once it is reasonably safe to do so, properly trained officers should promptly provide or procure medical assistance for any person injured or claiming to have been injured in a use of force incident (Government Code § 7286(b)).

Prior to booking or release, medical assistance shall be obtained for any person who exhibits signs of physical distress, who has sustained visible injury, expresses a complaint of injury or continuing pain, or who was rendered unconscious. Any individual exhibiting signs of physical distress after an encounter should be continuously monitored until the individual can be medically assessed.

Based upon the officer's initial assessment of the nature and extent of the subject's injuries, medical assistance may consist of examination by fire personnel, paramedics, hospital staff, or medical staff at the jail. If any such individual refuses medical attention, such a refusal shall be fully documented in related reports and, whenever practicable, should be witnessed by another officer and/or medical personnel. If a recording is made of the contact or an interview with the individual, any refusal should be included in the recording, if possible.

The on-scene supervisor or, if the on-scene supervisor is not available, the primary handling officer shall ensure that any person providing medical care or receiving custody of a person following any use of force is informed that the person was subjected to force. This notification shall include a description of the force used and any other circumstances the officer reasonably believes would be potential safety or medical risks to the subject (e.g., prolonged struggle, extreme agitation, impaired respiration).

Persons who exhibit extreme agitation, violent irrational behavior accompanied by profuse sweating, extraordinary strength beyond their physical characteristics and imperviousness to pain, or who require a protracted physical encounter with multiple officers to be brought under control, may be at an increased risk of sudden death. Calls involving these persons should be considered medical emergencies. Officers who reasonably suspect a medical emergency should request medical assistance as soon as practicable and have medical personnel stage away if appropriate.

See the Medical Aid and Response Policy for additional guidelines.

300.8 Supervisor Responsibility

A supervisor should respond to any reported use of force, if reasonably available. The responding supervisor is expected to (Government Code § 7286(b)):

  • Obtain the basic facts from the involved officers. Absent an allegation of misconduct or excessive force, this will be considered a routine contact in the normal course of duties.
  • Ensure that any injured parties are examined and treated.
  • When possible, separately obtain a recorded interview with the subject upon whom force was applied. If this interview is conducted without the person having voluntarily waived his/her Miranda rights, the following shall apply:
  1. The content of the interview should not be summarized or included in any related criminal charges.
  2. The fact that a recorded interview was conducted should be documented in a property or other report.
  3. The recording of the interview should be distinctly marked for retention until all potential for civil litigation has expired.
  • Once any initial medical assessment has been completed or first aid has been rendered, ensure that photographs have been taken of any areas involving visible injury or complaint of pain, as well as overall photographs of uninjured areas. These photographs should be retained until all potential for civil litigation has expired.
  • Identify any witnesses not already included in related reports.
  • Review and approve all related reports.
  • Determine if there is any indication that the subject may pursue civil litigation.
    1. If there is an indication of potential civil litigation, the supervisor should complete and route a notification of a potential claim through the appropriate channels.
  • Evaluate the use of force incident and document any possible policy violations.
  • Submit initial use of force evaluation and related documentation to Watch Commander to determine if incident needs to be further reviewed per 302, Use of Force Review Boards

In the event that a supervisor is unable to respond to the scene of an incident involving the reported application of force, the supervisor is still expected to complete as many of the above items as circumstances permit.

300.8.1 WATCH COMMANDER RESPONSIBILITY

The Chief of Police or designee shall assign a member of their command staff to review each use of force by any personnel within their command to ensure compliance with this policy and to address any training issues. The assigned command staff member is responsible to review the Use of Force report package (e.g. Supervisor's Use of Force Review, crime and arrest reports, photographs, and/or other pertinent information).

If the designee believes there is a violation of use of force per this policy, the designee shall refer the report and related documentation/materials to the Chief of Police. If the Chief of Police believes there is a violation of this policy or receives a report of a violation of this policy, the Chief will then follow 302, Use of Force Review Boards policy for further evaluation.

After the Chief of Police has completed a final review, the custody and storage of the Use of Force package will be maintained by the Professional Standards Unit.

300.8.2 REASSIGNMENT FROM REGULAR DUTIES

Employees involved in a use of force or critical incident that results in the death or serious physical injury of another person may be reassigned from regular duties pending a documented administrative review of the incident in accordance with the Personnel Complaints Policy.

300.9 USE OF FORCE COMPLAINTS

The receipt, processing, and investigation of civilian complaints involving use of force incidents should be handled in accordance with the Personnel Complaints Policy (Government Code § 7286(b)).

300.10 TRAINING

Officers, investigators, and supervisors will receive annual training on this policy and demonstrate their knowledge and understanding (Government Code § 7286(b)).

Annual in- service training on use of force and policy review will be coordinated by the Training Sergeant. Training records will be stored, audited (for POST and IACLEA compliance), and maintained by the Training Sergeant.

 300.10.1 TRAINING REQUIREMENTS Required annual training shall include:

  • Legal updates.
  • De-escalation tactics, including alternatives to force.
  • The duty to intercede.
  • The duty to request and/or render medical aid.
  • Warning shots (see the Firearms Policy).
  • All other subjects covered in this policy (e.g., use of deadly force, chokeholds and carotid holds, discharge of a firearm at or from a moving vehicle, verbal warnings).
  • Training courses required by and consistent with POST guidelines set forth in Penal Code § 13519.10.

See the Training Policy for restrictions relating to officers who are the subject of a sustained use of force complaint.

300.10.2 STATE-SPECIFIC TRAINING REQUIREMENTS

Required state-specific training shall include guidelines regarding vulnerable populations, including but not limited to children, elderly persons, pregnant individuals, and individuals with physical, mental, and developmental disabilities (Government Code § 7286(b)).

300.11 USE OF FORCE ANALYSIS

At least annually, the Patrol Division Commander should prepare an analysis report on use of force incidents. The report should be submitted to the Chief of Police. The report should not contain the names of officers, suspects or case numbers, and should include:

  • The identification of any trends in the use of force by members.
  • Training needs recommendations.
  • Equipment needs recommendations.
  • Policy revision recommendations.

300.12 POLICY REVIEW

The Chief of Police or the authorized designee should regularly review and update this policy to reflect developing practices and procedures (Government Code § 7286(b)).

300.13 POLICY AVAILABILITY

The Chief of Police or the authorized designee should ensure this policy is accessible to the public (Government Code § 7286(c)).

300.14 PUBLIC RECORDS REQUESTS

Requests for public records involving an officer's personnel records shall be processed in accordance with Penal Code § 832.7, Peace Officer Bill of Rights, and the Personnel Records and Records Maintenance and Release policies (Government Code § 7286(b)).

 

Use of Force Policy PDF