USE OF FORCE POLICIES

PURPOSE

This policy articulates Department-wide standards and guidelines related to the use of force by the San Andreas State Police (SASP), law enforcement officers and agents (officers) and affirms the duty of all SASP employees to report improper uses of force.

USE OF FORCE STANDARD

INTRODUCTION

In determining the appropriateness of a particular use of force, the Department is guided by constitutional law, as interpreted by the U.S. Supreme Court. The Fourth Amendment supplies a constitutional baseline for permissible use of force by officers in the course of their official duties.

GENERAL STATEMENT

Unless further restricted by SASP policy, SASP troopers are permitted to use force to control subjects in the course of their official duties as authorized by law, and in defense of themselves and others. In doing so, an officer shall use only the force that is objectively reasonable in light of the facts and circumstances confronting him or her at the time force is applied.

DISCUSSION: THE FOURTH AMENDMENT "REASONABLENESS" STANDARD

1. The Supreme Court has ruled that “all claims that law enforcement officers have used excessive force—deadly or not—in the course of an arrest, investigatory stop, or other ‘seizure’ of a free citizen should be analyzed under the Fourth Amendment and its ‘reasonableness’ standard.” This standard is an objective one that, in the context of use of force policy and practice, is often referred to as “objective reasonableness.”

2. Because this standard is “not capable of precise definition or mechanical application,” its “proper application requires careful attention to the facts and circumstances of each particular case.” The reasonableness of a officer’s 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.” In determining whether the force a officer used to effect a seizure was reasonable, courts allow for the fact that officers are often forced to make split-second judgments, in circumstances that are tense, uncertain, and rapidly evolving.

3. Consequently, there may be a range of responses that are reasonable and appropriate under a particular set of circumstances.

4. Once used, physical force must be discontinued when resistance ceases or when the incident is under control.

DEFINITIONS

Deadly Force: Any use of force that carries a substantial risk of causing death or serious bodily injury (see “Use of Force” and “Serious Bodily Injury”). Deadly force does not include force that is not likely to cause death or serious bodily injury, butunexpectedly results in such death or injury. In general, examples of deadly force include, but are not limited to, intentional discharges of firearms against persons, uses of impact weapons to strike the neck or head, any strangulation technique, strikes to the throat, and the use of any edged weapon.

De-Escalation: The use of communication or other techniques during an encounter to stabilize, slow, or reduce the intensity of a potentially violent situation without using physical force, or with a reduction in force.

Less-Lethal Device: An instrument or weapon that is designed or intended to be used in a manner that is not likely to cause death or serious bodily injury (see “Serious Bodily Injury”). Examples include, but are not limited to, conducted electrical weapons/electronic control weapons, impact weapons, and certain chemical agents. These are also commonly referred to as “intermediate force” or “less-than-lethal”

weapons or devices.

Less-Lethal Force: Any use of force that is neither likely nor intended to cause death or serious bodily injury (see “Use of Force” and “Serious Bodily Injury”). Also known as “non-deadly,” “intermediate,” or “less-than-lethal” force.

Lessons Learned: Information gleaned through internal review and analysis of use of force incidents that is sufficiently significant or critical to consider a change to policies, procedures, or training standards. Lessons learned may include, for example, information that can enhance law enforcement personnel skills; identify gaps in current training; identify current unique criminal trends being experienced in the field; provide information on new equipment recommendations or gaps; identify concerns with standard less lethal equipment/tactics; or any information that can prevent harm to the community, law enforcement, or arrestees.

Serious Bodily Injury: Physical injury that involves protracted and obvious disfigurement; protracted loss or impairment of the function of a bodily member, organ, or mental faculty; or a substantial risk of death.

Use of Force: The intentional application by law enforcement of any weapon, instrument, device, or physical power in order to control, restrain, or overcome the resistance, or gain compliance or custody, of another.

All SASP personnel have been entrusted with a critical mission: safeguarding the those within our physical area of responsibility, our homeland, and our values. In keeping with this mission, respect for human life and the communities we serve shall continue to guide SVPD officers in the performance of their duties.

DE-ESCALATION

To ensure that SASP troopers are proficient in a variety of techniques that could aid them in appropriately resolving an encounter, the agency shall provide use of force training that includes de-escalation tactics and techniques.

USE OF SAFE TACTICS

SASP troopers should seek to employ tactics and techniques that effectively bring an incident under control while promoting the safety of officers and the public, and that minimize the risk of unintended injury or serious property damage. SASP troopers should also avoid intentionally and unreasonably placing themselves in positions in which they have no alternative to using deadly force.

ADDITIONAL CONSIDERATIONS

1. SASP troopers are permitted to use force that is reasonable in light of the totality of the circumstances. This standard does not require officers to meet force with equal or lesser force.

2. SASP troopers do not have a duty to retreat to avoid the reasonable use of force, nor are they required to wait for an attack before using reasonable force to stop a threat.

WARNINGS

1. When feasible, prior to the application of force, a SASP trooper must attempt to identify him- or herself and issue a verbal warning to comply with the officer’s instructions. In determining whether a warning is feasible under the circumstances, a trooper may be guided by a variety of considerations including, but not limited to, whether the resulting delay is likely to:

• Increase the danger to the officer or others, including any victims and/or bystanders;

• Result in the destruction of evidence;

• Allow for a subject’s escape; or

• Result in the commission of a crime

2. In the event that a officer issues such a warning, where feasible, the officer should afford the subject a reasonable opportunity to voluntarily comply before applying force.

EXIGENT CIRCUMSTANCES

In an exigent situation, for self-defense or the defense of another, SASP troopers are authorized to use any available object or technique in a manner that is reasonable in light of the circumstances.

MEDICAL CARE

As soon as practicable following a use of force and the end of any perceived public safety threat, SASP troopers shall obtain appropriate medical assistance for any subject who has visible or apparent injuries, complains of being injured, or requests medical attention. This may include rendering first aid if properly trained and equipped to do so, requesting emergency medical services, and/or arranging transportation to an appropriate medical facility.

DUTY TO INTERVENE AND REPORT IMPROPER USE OF FORCE

1. The Department is committed to carrying out its mission with honor and integrity, and to fostering a culture of transparency and accountability. As such, the agency will ensure that their policies and procedures unambiguously underscore the following:

The use of excessive force is unlawful and will not be tolerated.

Those who engage in such misconduct, and those who fail to report such misconduct, will be subject to all applicable administrative and criminal penalties.

2. SASP troopers have a duty to intervene to prevent or stop a perceived use of excessive force by another officer—except when doing so would place the observing/responding officer in articulable, reasonable fear of death or serious bodily injury.

3. Any SASP employee with knowledge of a SVPD officer’s improper use of force shall, without unreasonable delay, report it to his or her chain of command.

4. Failure to intervene in and/or report such violations is, itself, misconduct that may result in disciplinary action, with potential consequences such as termination of employment, civil liability, and/or criminal prosecution. SASP command staff shall ensure that all personnel are aware of these obligations, as well as the appropriate mechanism(s) by which such reports should be made.

LESS-LETHAL FORCE AND LESS-LETHAL DEVICES

1. The SASP allows the use of batons and the TASER as Less-Lethal Devices.

2. The SASP shall conduct less-lethal use of force training no less than every two years and incorporate decision-making and scenario-based situations in these training programs.

3. SASP troopers are prohibited from carrying any unauthorized less-lethal device for duty use.

4. SASP troopers shall demonstrate proficiency, in accordance with established standards, for each less-lethal device that they are authorized and certified to carry. If a certification or valid waiver expires, an officer is prohibited from carrying that device for duty use until he or she meets the requirements for recertification on that device.

DEADLY FORCE

GENERAL GUIDELINES

1. As with any use of force, an officer’s use of deadly force must be reasonable in light of the facts and circumstances confronting him or her at the time force is applied.

2. A SASP trooper may use deadly force only when the officer has a reasonable belief that the subject of such force poses an imminent threat of death or serious bodily injury to the officer or to another person.

• Fleeing Subjects: Deadly force shall not be used solely to prevent the escape of a fleeing subject. However, deadly force is authorized to prevent the escape of a fleeing subject where the officer has a reasonable belief that the subject poses a significant threat of death or serious physical harm to the officer or others and such force is necessary to prevent escape. Reference Tennessee vs. Garner

DISCHARGE OF FIREARMS

1. General Guidelines

• Discharging a firearm against a person constitutes the use of deadly force and shall be done only with the intent of preventing or stopping the threatening behavior that justifies the use of deadly force.

• The act of establishing a grip, unholstering, or pointing a firearm does not constitute a use of deadly force.

2. Moving Vehicles, Vessels, Aircraft, or other Conveyances

• SASP troopers should exercise extreme caution before using force against an operator of a mobile conveyance. Before using deadly force under these circumstances, the officer must take into consideration the hazards that may be posed to law enforcement and innocent bystanders by an out-of-control conveyance.

• Firearms shall not be discharged solely as a warning or signal or solely to disable moving vehicles, vessels, aircraft, or other conveyances.

REPORTING REQUIREMENTS AND INCIDENT TRACKING

1. Uses of force shall be documented and investigated pursuant to SASP policies. Body cam review is the primary way this is carried out.

2. It is a Department priority to ensure more consistent Department-wide reporting and tracking of use of force incidents. More consistent data will enable the agency to more effectively assess use of force activities, conduct meaningful trend analysis, revise policies, and take appropriate corrective actions.

3. SASP troopers are required to report use of force incidents when they have any of the following outcomes:

• A less-lethal device is utilized against a person (except when the device is deployed in a non-striking control technique);

• Serious bodily injury occurs;

• Deadly force is used against a person, to include when a firearm is discharged at a person; or

• Death occurs.

4. Reports should be made directly to SASP command staff.

DEPARTMENT REVIEW AND OVERSIGHT

1. The SASP will establish and maintain a use of force review council or committee to perform internal analysis of use of force incidents from the perspective of training, tactics, policy, and equipment; to identify trends and lessons learned; and to propose any necessary improvements to policies and procedures.

2. The San Andreas State Police may enlist third party help to help review more complicated use of force scenarios.