300 Use of Force Policy PDF

300 Use of Force 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 Office is expected to use these guidelines to make such decisions in a...

300 Use of Force 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 Office is expected to use these guidelines to make such decisions in a professional, impartial, and reasonable manner. DEFINITIONS Definitions related to this policy include: Deadly force - Force reasonably anticipated and intended to create a substantial likelihood of causing death or very serious injury. Force - The application of physical techniques or tactics, chemical agents, or weapons to another person. It is not a use of force when a person allows him/herself to be searched, escorted, handcuffed, or restrained. 300.1 POLICY 1. The use of force by law enforcement personnel is a matter of critical concern, both to the public and to the law enforcement community. Deputies are involved daily in numerous and varied interactions and, when warranted, may use reasonable force in carrying out their duties. 2. Deputies must understand, 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. 3. The Office recognizes and respects the value of all human life and dignity without prejudice toward anyone. Vesting deputies 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 DUTY TO INTERCEDE 1. Any Deputy present and observing another Deputy using force that is clearly beyond that which is objectively reasonable under the circumstances shall intercede to prevent the use of unreasonable force. 2. A Deputy who observes another employee’s use force that exceeds the degree of force permitted by law shall promptly report these observations to a Supervisor. Document ID Revision Approval Date Published 28162 1 Chief Deputy - Administration 1/6/2024 6:11:24 PM Printouts of this document may be out of date and should be considered uncontrolled. The published version of the document should be viewed on-line in Qualtrax. Page 1 of 8 300 Use of Force 300.3.1 USE OF FORCE 1. Deputies shall use only that amount of force that reasonably appears necessary given the facts and circumstances perceived by the Deputy at the time of the event to accomplish a legitimate law enforcement purpose. 2. The reasonableness of force will be judged from the perspective of a reasonable Deputy on the scene at the time of the incident. Any evaluation of reasonableness must allow for the fact that Deputies 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. 3. Given that no policy can realistically predict every possible situation a Deputy might encounter, Deputies are entrusted to use well-reasoned discretion in determining the appropriate use of force in each incident. 4. It is also recognized that circumstances may arise in which Deputies reasonably believe that it would be impractical or ineffective to use any of the tools, weapons or methods provided by the Office. Deputies 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 reasonable and utilized only to the degree that reasonably appears necessary to accomplish a legitimate law enforcement purpose. 5. While the ultimate objective of every law enforcement encounter is to avoid or minimize injury, nothing in this policy requires a deputy to retreat or be exposed to possible physical injury before applying reasonable force. 300.3.2 USE OF FORCE TO THE EFFECT OF AN ARREST 1. A Peace Officer may use 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 of the person being arrested; nor shall such peace officer be deemed the aggressor or lose his/her right to self-defense using reasonable force to effect the arrest or to prevent escape or to overcome resistance. Document ID Revision Approval Date Published 28162 1 Chief Deputy - Administration 1/6/2024 6:11:24 PM Printouts of this document may be out of date and should be considered uncontrolled. The published version of the document should be viewed on-line in Qualtrax. Page 2 of 8 300 Use of Force 300.3.3 FACTORS USED TO DETERMINE THE REASONABLENESS OF FORCE 1. When determining whether to apply force and evaluating whether a Deputy has used reasonable force, several factors should be taken into consideration, as time and circumstances permit. These factors include, but are not limited to: A. Immediacy and severity of the threat to Deputies or others. B. The conduct of the individual being confronted, as reasonably perceived by the Deputy at the time. C. Deputy/subject factors (age, size, relative strength, skill level, injuries sustained, level of exhaustion or fatigue, the number of Deputies available vs. subjects). D. The effects of drugs or alcohol. E. Subject’s mental state or capacity. F. Proximity of weapons or dangerous improvised devices. G. The degree to which the subject has been effectively restrained and his/her ability to resist despite being restrained. H. The availability of other options and their possible effectiveness. I. Seriousness of the suspected offense or reason for contact with the individual. J. Training and experience of the Deputy. K. Potential for injury to deputies, suspects, and others. L. Whether the person appears to be resisting, attempting to evade arrest by flight or is attacking the Deputy. M. The risk and reasonably foreseeable consequences of escape. N. The apparent need for immediate control of the subject or a prompt resolution of the situation. O. Whether the conduct of the individual being confronted no longer reasonably appears to pose an imminent threat to the Deputy or others. P. Prior contacts with the subject or awareness of any propensity for violence. Q. Any other exigent circumstances. Document ID Revision Approval Date Published 28162 1 Chief Deputy - Administration 1/6/2024 6:11:24 PM Printouts of this document may be out of date and should be considered uncontrolled. The published version of the document should be viewed on-line in Qualtrax. Page 3 of 8 300 Use of Force 300.3.4 DE-ESCALATION 1. Deputies shall use only that amount of force that reasonably appears necessary given the facts and circumstances perceived by the deputy at the time of the event to accomplish a legitimate law enforcement purpose. 2. The reasonableness of force will be judged from the perspective of a reasonable Deputy on the scene at the time of the incident. Any evaluation of reasonableness must allow for the fact that deputies are often forced to make split-second decisions about the amount of force that reasonably appears necessary in a situation, with limited information and in circumstances that are tense, uncertain, and rapidly evolving. Any Deputy responding to a subject who might be angry, irate, irrational or in obvious emotional distress should consider utilizing, as time and circumstances reasonably permit, the lowest level of force whenever possible. 3. De‐escalation techniques are highly recommended and are used to prevent violence and aggression when dealing with upset, or irrational subjects. When practical, start by utilizing de-escalation techniques. The following are some examples. A. Listen – listening allows for a person to vent, which is a means of purging angry energy. B. Acknowledge – relaying that you understand what a person is saying, or feeling helps validate emotions. C. Agree – find some truth in what the subject is saying and agree with it. By doing so you take away the resistance and consequently eliminate the fuel for the fire. D. Apologize – apologizing for anything in the situation that is unjust can build credibility to de- escalate. If there is nothing to apologize for, statements such as, “I’m sorry you’re having such an awful day,” or I’m sorry the situation has you so frustrated” can help de-escalate and lay the foundation for constructive dialogue. E. Clarification – seek clarification on what is being said. F. Sequence Questions – Ask open ended questions – often the mentally ill will become actively involved in their own problem solving and can prove empowering if done correctly. G. Suggestibility – suggest that the subject does the action that is presented as a question, for example, “Would you step over here?” might work better than “Get over here.” Document ID Revision Approval Date Published 28162 1 Chief Deputy - Administration 1/6/2024 6:11:24 PM Printouts of this document may be out of date and should be considered uncontrolled. The published version of the document should be viewed on-line in Qualtrax. Page 4 of 8 300 Use of Force 300.3.5 PAIN COMPLIANCE TECHNIQUES 1. Pain compliance techniques may be effective in controlling a physically or actively resisting individual. Deputies may only apply those pain compliance techniques for which they have successfully completed office-approved training. Deputies utilizing any pain compliance technique should consider: A. The degree to which the application of the technique may be controlled given the level of resistance. B. Whether the person can comply with the direction or orders of the Deputy. C. Whether the person has been given sufficient opportunity to comply. 2. The application of any pain compliance technique shall be discontinued once the Deputy determines that compliance has been achieved. 300.4.1 DEADLY FORCE APPLICATIONS 1. Use of deadly force is justified in the following circumstances: A. A Deputy may use deadly force to protect him/herself or others from what he/she reasonably believes would be an imminent threat of death or serious bodily injury. B. A Deputy may use deadly force to stop a fleeing subject when the Deputy has probable cause to believe that the person has committed, or intends to commit, a felony involving the infliction or threatened infliction of serious bodily injury or death, and the deputy reasonably believes that there is an imminent risk of serious bodily injury or death to any other person if the subject is not immediately apprehended. Under such circumstances, a verbal warning should precede the use of deadly force, where feasible. C. Imminent does not mean immediate or instantaneous. An imminent danger may exist even if the suspect is not at that very moment pointing a weapon at someone. For example, an imminent danger may exist if a deputy reasonably believes any of the following: a) The person has a weapon or is attempting to access one and it is reasonable to believe the person intends to use it against the deputy or another. b) The person can cause serious bodily injury or death without a weapon, and it is reasonable to believe the person intends to do so. Document ID Revision Approval Date Published 28162 1 Chief Deputy - Administration 1/6/2024 6:11:24 PM Printouts of this document may be out of date and should be considered uncontrolled. The published version of the document should be viewed on-line in Qualtrax. Page 5 of 8 300 Use of Force 300.4.2 SHOOTING AT OR FROM MOVING VEHICLES 1. Shots fired at or from a moving vehicle are rarely effective. Deputies should move out of the path of an approaching vehicle instead of discharging their firearm at the vehicle or any of its occupants. A Deputy should only discharge a firearm at a moving vehicle or its occupants when the deputy reasonably believes there are no other reasonable means available to avert the threat of the vehicle, or if deadly force other than the vehicle is directed at the deputy or others. 2. Deputies should not shoot at any part of a vehicle to disable the vehicle. 300.5.1 REPORTING THE USE OF FORCE 1. Any use of force by a member of this Office shall be documented promptly, completely, and accurately in an appropriate report, depending on the nature of the incident. The Deputy should articulate the factors perceived and why he/she believed the use of force was reasonable under the circumstances. To collect data for purposes of training, resource allocation, analysis and related purposes, the Office may require the completion of additional report forms, as specified in office policy, procedure, or law. 300.5.2 NOTIFICATION TO SUPERVISORS 1. Supervisory notification shall be made as soon as practicable following the application of force in any of the following circumstances: A. The application caused a visible injury. B. The application would lead a reasonable deputy to conclude that the individual may have experienced more than momentary discomfort. C. The individual subjected to the force complained of injury or continuing pain. D. The individual indicates intent to pursue litigation. E. Any application of the TASER device or control device. F. Any application of a restraint device other than handcuffs, shackles, or belly chains. G. The individual subjected to the force was rendered unconscious. H. An individual was struck or kicked. I. An individual alleges any of the above has occurred. Document ID Revision Approval Date Published 28162 1 Chief Deputy - Administration 1/6/2024 6:11:24 PM Printouts of this document may be out of date and should be considered uncontrolled. The published version of the document should be viewed on-line in Qualtrax. Page 6 of 8 300 Use of Force 300.5.3 SUPERVISOR DUTY TO REPORT 1. In an application of force is reported, a supervisor shall complete a Blue Team report (SOP 309.1) 300.6 MEDICAL CONSIDERATION 1. Prior to booking or release, medical assistance shall be obtained for any person who exhibits signs of physical distress, who has sustained a 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 he/she can be medically assessed. Based upon the deputy’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 Deputy 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. 2. The on-scene supervisor, or if not available, the primary handling Deputy 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 should include a description of the force used and any other circumstances the Deputy reasonably believes would be potential safety or medical risks to the 3. 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 (sometimes called “excited delirium”), or who require a protracted physical encounter with multiple deputies to be brought under control, may be at an increased risk of sudden death. Calls involving these people should be considered medical emergencies. Deputies who reasonably suspect a medical emergency should request medical assistance as soon as practicable and have medical personnel stage away if appropriate. 300.7 EXCEPTIONAL USE OF FORCE 1. When a Deputy Sheriff is faced with what he/she reasonably believes to be an imminent threat of death or bodily injury to the deputy or to another person, the Deputy may use the weapons, techniques, and training outlined in this policy and Policy 308 Compliance Techniques. If those weapons and/or techniques are not sufficient and the threat of death or serious bodily injury still exists, Deputies may use whatever means are available for the protection of themselves and/or others, and to perform or complete their sworn duties. The use of a chokehold or lateral vascular neck restraint (carotid) is not authorized and is an example of a technique that may only be used in an exceptional use of force situation. Document ID Revision Approval Date Published 28162 1 Chief Deputy - Administration 1/6/2024 6:11:24 PM Printouts of this document may be out of date and should be considered uncontrolled. The published version of the document should be viewed on-line in Qualtrax. Page 7 of 8 300 Use of Force 300.8 TRAINING 1. Deputies will receive periodic training on this policy and demonstrate their knowledge and understanding. Document ID Revision Approval Date Published 28162 1 Chief Deputy - Administration 1/6/2024 6:11:24 PM Printouts of this document may be out of date and should be considered uncontrolled. The published version of the document should be viewed on-line in Qualtrax. Page 8 of 8