Law Enforcement Use of Force Policy G.O. 337

Use of Force Policy

• The purpose of the policy is to provide guidelines and procedures for the use of force by deputies and to ensure an administrative review of critical incidents involving Sheriff's Office members.

Objective Reasonable Force

• Deputies must use only the force that is objectively reasonable to conduct their lawful duties and to protect the safety of the deputy and others.
• The decision to use force requires careful attention to the facts and circumstances of each particular case.
• The "reasonableness" of a particular use of force must be judged from the perspective of a reasonable deputy on the scene, rather than with the 20/20 vision of hindsight.

Use of Physical Force

• Physical force should be discontinued when resistance ceases or when the incident is under control.
• Physical force should not be used against individuals in restraints, except to prevent their escape or prevent imminent bodily injury.
• Deputies must provide appropriate medical care to any individual who has visible injuries or requests medical attention.

Duty to Intervene

• A deputy has a duty to intervene to prevent or stop the use of excessive force by another deputy when it is safe and reasonable to do so.

Reporting and Review

• Any member with knowledge of excessive use of force must report the incident to their immediate supervisor.
• The supervisor will gather the offense report and/or video of the incident, if available, and forward the information to the members' Division Commander or designee.
• All uses of force above soft empty hand control will be documented and investigated.

De-escalation

• Deputies must use de-escalation techniques and other alternatives to higher levels of force whenever appropriate before resorting to force.
• Deputies should allow an individual time and opportunity to submit to verbal commands before force is used.

Use of Less-Lethal Force

• Deputies are authorized to use agency-approved, less-lethal force techniques and issued equipment to control a non-compliant or actively resistant individual.
• Less-lethal force may be used to protect the deputy or others from immediate physical harm, to restrain or subdue an individual, or to bring an unlawful situation safely and effectively under control.

Use of Deadly Force

• Deputies are authorized to use deadly force when it is objectively reasonable under the totality of the circumstances.
• Deadly force should not be used against persons whose actions are a threat only to themselves or property.
• Warning shots are not permitted, and firearms should not be discharged at, or near any bystanders.

Procedure for Use of Deadly Force

• A member whose actions result in death or serious bodily injury of a person must immediately notify their supervisor and request medical assistance.
• The supervisor will respond to the incident and notify Command Staff.
• The OIC of Investigations or designee will complete a preliminary written review of the incident within 48 hours.

Administrative Assignment

• A member placed on administrative assignment or leave with pay pending review of death or serious bodily injury of a person will complete a fitness for duty evaluation prior to approval for return to duty.

Reporting and Review Requirements

• Deputies who have been involved in a use of force incident exceeding soft empty hand control or resulting in injury or the allegation of injury must immediately notify their supervisor.
• The supervisor will respond to the incident and investigate the use of force.
• Deputies must document all events of force exceeding soft empty hand control or resulting in injury or the allegation of injury.

Training

• All deputies shall receive training, at least annually, on the agency's use of force policy and related legal updates.
• Training shall be provided on a regular and periodic basis and designed to instruct on objectively reasonable use of force, de-escalation techniques, and the proper use of restraints and weapons.

Definitions

• CHOKEHOLD: The intentional and prolonged application of force to the throat, windpipe, or airway of another person that prevents the intake of air.
• DEADLY FORCE: Any use of force that creates a substantial risk of causing death or serious bodily injury.
• LESS-LETHAL FORCE: Any use of force other than that which is considered deadly force that involves physical effort or the use of agency-issued less-lethal equipment.
• OBJECTIVELY REASONABLE: The determination that the necessity for using force and the level of force used is based upon the deputy's evaluation of the situation in light of the totality of the circumstances known to the deputy at the time of the force is used.
• TOTALITY OF CIRCUMSTANCES: All facts and circumstances known to the deputy at the time or reasonably perceived by the deputy as the basis for a use of force decision.

Use of Force Policy

• The purpose of the policy is to provide guidelines and procedures for the use of force by deputies and to ensure an administrative review of critical incidents involving Sheriff's Office members.

Objective Reasonable Force

• Deputies must use only the force that is objectively reasonable to conduct their lawful duties and to protect the safety of the deputy and others.
• The decision to use force requires careful attention to the facts and circumstances of each particular case.
• The "reasonableness" of a particular use of force must be judged from the perspective of a reasonable deputy on the scene, rather than with the 20/20 vision of hindsight.

Use of Physical Force

• Physical force should be discontinued when resistance ceases or when the incident is under control.
• Physical force should not be used against individuals in restraints, except to prevent their escape or prevent imminent bodily injury.
• Deputies must provide appropriate medical care to any individual who has visible injuries or requests medical attention.

Duty to Intervene

• A deputy has a duty to intervene to prevent or stop the use of excessive force by another deputy when it is safe and reasonable to do so.

Reporting and Review

• Any member with knowledge of excessive use of force must report the incident to their immediate supervisor.
• The supervisor will gather the offense report and/or video of the incident, if available, and forward the information to the members' Division Commander or designee.
• All uses of force above soft empty hand control will be documented and investigated.

De-escalation

• Deputies must use de-escalation techniques and other alternatives to higher levels of force whenever appropriate before resorting to force.
• Deputies should allow an individual time and opportunity to submit to verbal commands before force is used.

Use of Less-Lethal Force

• Deputies are authorized to use agency-approved, less-lethal force techniques and issued equipment to control a non-compliant or actively resistant individual.
• Less-lethal force may be used to protect the deputy or others from immediate physical harm, to restrain or subdue an individual, or to bring an unlawful situation safely and effectively under control.

Use of Deadly Force

• Deputies are authorized to use deadly force when it is objectively reasonable under the totality of the circumstances.
• Deadly force should not be used against persons whose actions are a threat only to themselves or property.
• Warning shots are not permitted, and firearms should not be discharged at, or near any bystanders.

Procedure for Use of Deadly Force

• A member whose actions result in death or serious bodily injury of a person must immediately notify their supervisor and request medical assistance.
• The supervisor will respond to the incident and notify Command Staff.
• The OIC of Investigations or designee will complete a preliminary written review of the incident within 48 hours.

Administrative Assignment

• A member placed on administrative assignment or leave with pay pending review of death or serious bodily injury of a person will complete a fitness for duty evaluation prior to approval for return to duty.

Reporting and Review Requirements

• Deputies who have been involved in a use of force incident exceeding soft empty hand control or resulting in injury or the allegation of injury must immediately notify their supervisor.
• The supervisor will respond to the incident and investigate the use of force.
• Deputies must document all events of force exceeding soft empty hand control or resulting in injury or the allegation of injury.

Training

• All deputies shall receive training, at least annually, on the agency's use of force policy and related legal updates.
• Training shall be provided on a regular and periodic basis and designed to instruct on objectively reasonable use of force, de-escalation techniques, and the proper use of restraints and weapons.

Definitions

• CHOKEHOLD: The intentional and prolonged application of force to the throat, windpipe, or airway of another person that prevents the intake of air.
• DEADLY FORCE: Any use of force that creates a substantial risk of causing death or serious bodily injury.
• LESS-LETHAL FORCE: Any use of force other than that which is considered deadly force that involves physical effort or the use of agency-issued less-lethal equipment.
• OBJECTIVELY REASONABLE: The determination that the necessity for using force and the level of force used is based upon the deputy's evaluation of the situation in light of the totality of the circumstances known to the deputy at the time of the force is used.
• TOTALITY OF CIRCUMSTANCES: All facts and circumstances known to the deputy at the time or reasonably perceived by the deputy as the basis for a use of force decision.