Bexar County Sheriff's Office Policy Manual Use of Force PDF

BEXAR COUNTY SHERIFF’S OFFICE POLICY MANUAL Revision Date Effective Date Chapter Number October 21, 2021 February 23, 2022 Nine Subject Office Use of Force...

BEXAR COUNTY SHERIFF’S OFFICE POLICY MANUAL Revision Date Effective Date Chapter Number October 21, 2021 February 23, 2022 Nine Subject Office Use of Force Sheriff’s Administration References Enclosures Texas Penal Code; BCSO Chapter 8 Firearms/Training; CCP Art. 2.33 None Distribution Supersedes Reevaluation Date Pages All Sheriff’s Employees June 29, 2020 December 1, 2023 10 Approved by: Javier Salazar, Bexar County Sheriff 9.01 POLICY The Bexar County Sheriff’s Office values the protection and sanctity of human life. The highest responsibility of all deputies of the Bexar County Sheriff’s Office is to defend and protect human life and individual liberties. All force used in the performance of law enforcement duties must be objectively reasonable. Deputies must use only the force that a reasonably prudent law enforcement officer would use under the same or similar circumstances. A deputy’s actions will be reviewed based upon the information known to the deputy at the time the force was used. 9.02 PURPOSE This policy provides deputies guidelines for the use force, including the use of deadly force and less-lethal force, in accordance with applicable state and federal laws. 9.03 DEFINITIONS A. APPROVED WEAPON – Any weapon approved for use by the BCSO. See Sheriff’s Manual Chapter 9 Appendixes A, B, C, and D. B. DEADLY FORCE – Force that is intended or known to cause, or that, by the manner of its use or intended use is capable of causing death or serious bodily injury. Reference: Tex. Pen. Code § 9.01(3). C. DEFENSE OF THIRD PERSON – Force that is deployed in response to an imminent threat of harm to a third person. D. FIREARM - Any device designed, made, or adapted to expel a projectile through a barrel by using the energy generated by an explosion or burning substance or any device readily convertible to that use. Reference: Tex. Pen. Code § 46.01(3). E. FORCE - Any physical contact with a person by a deputy using the body or any object, device, or weapon, not including un-resisted escorting or handcuffing a subject. F. LESS-LETHAL FORCE – Force applied with the intention to subdue or render a subject as non- threatening, with a lower probability of causing death or serious bodily injury. G. LESS-LETHAL WEAPONRY – Weapons less likely to cause death or serious bodily injury than traditional deadly weapons such as firearms. For the purposes of this policy, the term “less-lethal weaponry” includes, but is not limited to, pepper spray, pepper ball, distraction devices, ECD, beanbag , and other similar weapons. See also “Less-Lethal Force.” H. NECESSARY FORCE – Force which does not exceed the minimum amount and degree of force sufficient to achieve a legitimate law enforcement objective. I. OBJECTIVELY REASONABLE USE OF FORCE – In determining the necessity for force and the appropriate level of force, officers shall evaluate each situation in light of all the known circumstances, including, but not limited to, the severity of the crime at issue, whether the subject poses an immediate threat to the safety of the officers or others, and whether the subject is actively resisting arrest or attempting to evade arrest by flight. All uses of force must be reasonable from an “objective” perspective, which means reasonable from the perspective of a reasonable officer on the scene. J. UNMANNED AERIAL/AIRCRAFT VEHICLE (UAV) – An aircraft piloted remotely, with no human control from in or on the aircraft, commonly known as a “drone”. K. UNMANNED GROUND VEHICLE (UGV) – A vehicle that operates while in contact with the ground, piloted remotely, with no human control from in or on the vehicle. Commonly known as a “drone”. L. COMMAND PRESENCE – The visual presence of authority by means of professionalism, uniform, and utility belt of the deputy and the marked marine vessel, vehicle, or mounted patrol horse the deputy arrives in or on. 9.04 USE OF FORCE A. Force used in the performance of law enforcement duties must be objectively reasonable. Deputies must use only the force that a reasonably prudent law enforcement officer would use under the same or similar circumstances. A deputy’s actions will be reviewed based upon the information known to the deputy at the time the force was used. B. A deputy is justified in using force against another when and to the degree a reasonable officer in the deputy’s position would believe the force is immediately necessary to make an arrest, conduct a search, or prevent an escape after arrest, if: 1. The officer reasonably believes the arrest or search is lawful or, if the arrest or search is made under a warrant, the officer reasonably believes the warrant is valid; and 2. Before using force, the officer manifests his purpose to arrest or search and identifies himself as a peace officer, unless the officer reasonably believes his purpose and identity are already known by or cannot reasonably be made known to the person to be arrested. Reference: Tex. Pen. Code § 9.51(a). 2  3. Where feasible, a verbal warning shall be given to the offender prior to the use of force. C. Objectively Reasonable Force may be used: 1. To preserve the peace, prevent commission of offenses, or prevent suicide or self-inflicted injury; 2. When making lawful arrests and searches, to overcome resistance to such arrests or searches; 3. In self-defense, or defense of a third person, or against unlawful violence to person or property; or 4. In preventing or interrupting the intrusion on or interference with the lawful possession of property. D. A deputy may use force against a subject to protect a third person only if: 1. A reasonable officer in the position of the deputy would believe that the use of force against the subject is necessary to defend the third person against a threat of unlawful force; and 2. The deputy reasonably believes that his intervention is immediately necessary to protect the third person. E. Measured, Ascending Uses of Force and De-Escalation: 1. Deputies shall allow subjects an opportunity to voluntarily comply with lawful instructions where feasible, and should avoid using force when compliance can be secured voluntarily without unreasonably endangering the deputy or others. If circumstances allow, deputies shall attempt to de-escalate tense situations through advisements, warning, verbal persuasion, and other tactics to eliminate or reduce the need for force. 2. When use of force is objectively reasonable and necessary, deputies shall exhaust every reasonable means of employing the minimum amount of force to effect a legitimate law enforcement objective before escalating to the next, more forceful method. 3. When employing necessary force, deputies shall de-escalate their use of force options when a subject’s actions indicate that the initial use of force has achieved an acceptable level of compliance by a subject. The de-escalation of force principle requires a deputy to decrease the scope or intensity of physical force being employed against a subject when the resisting or non- compliant subject demonstrates that he or she has decreased the level of resistance against a deputy who is attempting to achieve a lawful police objective. F. Any deputy present and observing another deputy using force that is clearly beyond that which is objectively reasonable under the circumstances has a duty to intervene and shall safely intervene to prevent the use of such excessive force. Deputies shall immediately report these observations to a supervisor. G. When responding to calls for service, the prioritization of activities in their order of importance are: 3  1. Stop the violent/aggressive behavior with the least amount of force necessary to affect the arrest or quell the disturbance. 2. Rescue victims. 3. Provide medical assistance to the victim(s) and actor(s). 4. Preserve the crime scene. 9.05 USE OF LESS LETHAL FORCE A. Force used in the performance of law enforcement duties must be objectively reasonable. Deputies must use only the force that a reasonably prudent law enforcement officer would use under the same or similar circumstances. A deputy’s actions will be reviewed based upon the information known to the deputy at the time the force was used. B. Deputies are authorized to use BCSO-approved, less-lethal force techniques and issued equipment (see Use of Force Appendix A, B, C, and D) only when lesser use of force is insufficient, and the use of force is immediately necessary: 1. To protect the officer or others from an imminent threat of bodily injury; 2. To lawfully restrain or subdue an individual who is actively resisting; or 3. To bring an unlawful situation that poses an imminent threat of bodily injury safely and effectively under control. C. Striking an adversary with the deputy’s hands or feet is usually considered less-lethal force; however, strong blows to the head, face, or throat or repeated blows to these areas with the hands or feet could be considered deadly force and should only be used when deadly force is an appropriate response. D. Deputies shall not use any body part of a mounted patrol horse (e.g. hip, thigh, shoulder, hoof, etc.) or its issued/affixed equipment (e.g. saddles, saddle bags, reigns, stirrups, etc.) as a means of delivering less-lethal force techniques. 9.06 USE OF DEADLY FORCE Force used in the performance of law enforcement duties must be objectively reasonable. Deputies must use only the force that a reasonably prudent law enforcement officer would use under the same or similar circumstances. A deputy’s actions will be reviewed based upon the information known to the deputy at the time the force was used. A. A deputy is justified in using deadly force against another when and to the degree the deputy reasonably believes the deadly force is immediately necessary to make an arrest, or to prevent escape after arrest, if the use of force would have been justified under Tex. Pen. Code § 9.51(a) and: 1. The deputy reasonably believes the conduct for which arrest is authorized included the use or attempted use of deadly force; or 4  2. The deputy reasonably believes there is a substantial risk that the person to be arrested will cause death or serious bodily injury to the deputy or another person if the arrest is delayed. 3. Where feasible, a verbal warning shall be given to the offender prior to the use of deadly force. Reference: Tex. Pen. Code § 9.51(c). B. Deadly force against one who is fleeing from custody or who is fleeing immediately after committing a felony offense is prohibited, unless immediately necessary to protect against a substantial and immediate risk that the subject will cause death or serious bodily injury to the deputy or a third person. C. A deputy may use deadly force against a subject to protect a third person only if: 1. A reasonable officer in the position of the deputy would reasonably believe that the use of force against the subject is necessary to defend the third person against a threat of unlawful force; and 2. The deputy reasonably believes that his intervention is immediately necessary to protect the third person. D. In the event a firearm is used, these safety rules must be followed: 1. Treat all firearms as though they are loaded. 2. Keep your finger outside the trigger guard until you are on target and have decided to fire. 3. Point the muzzle in a safe direction at all times. 4. Be sure of your target and what is beyond and around it. E. The discharge of a firearm by a deputy is prohibited: 1. As a warning shot; 2. Solely to protect property; 3. From a moving vehicle or at a moving or fleeing vehicle, except where any of the occupants of said vehicle are discharging or attempting to discharge a firearm at, or in the direction of, the deputy or a third person, or the suspect vehicle is pursuing an deputy who is trapped with no reasonable means to escape the suspect vehicle; 4. To effect an arrest or prevent an escape, unless immediately necessary to protect the deputy or another from death or serious bodily injury; 5. Into buildings or other places where offenders are hiding unless necessary to protect the deputy or another from an imminent threat of death or serious bodily injury; or 5  6. When it appears likely, based upon circumstances known to the deputy, that a third party may suffer injury or death as a result of the officer’s use of force. F. The carotid neck hold is considered deadly force even if the only objective is to induce temporary unconsciousness. This application of force is also referred to as a “carotid neck restraint” or a “carotid chokehold.” Regardless of the name used, it is described as the application of force or pressure to the neck or throat of the suspect. This application of force is not taught or sanctioned by the BCSO and prohibited except in situations where the officer would be justified in using deadly force against an individual and other BCSO sanctioned methods are not available or are impracticable to defend against the threat. G. Use of flashlights as weapons. A deputy may use a flashlight or other non-weapon object as a weapon only to defend himself or herself or another from an imminent threat of bodily injury or death, and then only if BCSO-sanctioned methods are not available to defend against the threat. The use of a flashlight or other object as a weapon under such circumstances, depending on the manner of use, may be deemed an application of deadly force. H. At no time will UAVs/UGVs be equipped or operated having been equipped with a firearm loaded with lethal ammunition or other such device that is solely designed to and capable of dispensing deadly force nor will UAVs/UGVs be equipped or operated having been equipped with an explosive weapon or device. I. Use of mounted patrol horses as weapons. A deputy shall not use a mounted patrol horse as a weapon, except to defend himself or herself or another from an imminent threat of bodily injury or death, and then only if BCSO-sanctioned methods are not available to defend against the threat. The use of a mounted patrol horse as a weapon under such circumstances, depending on the manner of use, may be deemed an application of deadly force. 9.07 USE OF FORCE IN RIOT SITUATIONS A. Crowds are lawful gatherings and may range from peaceful & passive to active & jubilant behavior while remaining within their constitutional rights and within the law. However, crowds may rapidly turn volatile and result in a riot. The following control and dispersal techniques do not apply to crowds. B. When confronting a riot, force may only be used subject to the requirements of Sections 9.04 and 9.05, and then only subject to the following considerations: 1. In all cases, weapons will be carried only by trained and authorized officers and shall be deployed by command of the Sheriff or his designee. 2. Canine teams may respond as backup when appropriate but should not be deployed for riot control. Unless deployed as backup, canines must remain in patrol vehicles or other secure locations and, whenever reasonably possible, out of view. 3. Mounted Patrol teams may respond as backup when confronting a riot to assist with crowd control by providing command presence, however the horse shall only be used to defend against an imminent threat of bodily injury or death to a deputy or third person. 6  4. Bicycles may be used to control and move persons as appropriate. 5. Impact projectiles shall not be fired indiscriminately into groups of people. a. Direct-fired impact projectiles and munitions, to include beanbag and similar projectiles, shall only be used under this section as a control and dispersal technique against specific individuals who are actively engaged in a riot. The preferred target areas when the threat level is appropriate and this zone is visible consists of the buttocks, thigh, and or calf. (see Chapter 9 Use of Force Appendix D Impact Munitions). b. Direct-fired impact projectiles and munitions, to include beanbag and similar projectiles may be used to defend against an imminent threat of bodily injury or death to a deputy or third person. These devices, under such circumstances only, shall be aimed at body center mass, and only if BCSO-sanctioned methods are not available to defend against the threat. These devices, when used in this manner, may be deemed an application of deadly force. c. Non-direct (skip-fired) projectiles and munitions shall only be used to defend against an imminent threat of bodily injury or death to a deputy or third person, or where the need to use them outweighs the potential risks involved. These devices shall not be aimed above the waist. d. A verbal warning shall be given prior to the use of impact projectiles, when reasonably possible. 6. Electronic control weapons (ECWs) may be used during civil disturbances only for purposes of restraint or arrest of actively resistant individuals when alternative less forceful means of control are not available or are unsuitable and only when the individual can be accurately targeted. ECWs shall not be fired indiscriminately into groups of people. 7. Aerosol restraint spray, such as oleoresin capsicum (OC) or similar products, may be used by command against specific individuals who are actively resisting arrest or to defend against an imminent threat to a deputy or third party. OC spray shall not be used against passively resistant groups or individuals. A verbal warning shall be issued prior to the use of these systems, when reasonably possible. 8. A baton or similar device can be used as a defensive weapon; as a means of overcoming resistance (e.g., used in the two-hand horizontal thrust on a police line); to stop, control, or neutralize perceived threatening resistance; as a show of force; or as a means to contain or disperse a civil disturbance. C. All use of force in crowd and/or riot situations shall be reported and reviewed in accordance with BCSO policy. 9.08 USE OF FORCE IN CORRECTIONAL SITUATIONS 7 All sworn personnel will adhere to this policy for any use of force situation. Any deputy who uses force in the Adult Detention Center (BCADC) will also adhere to Detention Policy and Procedures BC No: 900.13, Use of Force. 9.09 PLANNED USE OF FORCE (UOF) A. When time allows the UOF to be planned, a realistic evaluation by the Shift Supervisor or Incident Commander shall be conducted to assess the need for such force in that certain situation (e.g. riots, execution of warrants, etc.) must be justified by law and policy. The evaluation shall include but is not limited to: 1. The amount of staff to be utilized to deploy that force; 2. The tactics to be used to deploy that force and; 3. The type of restraints to be utilized in the deployment of that force. B. Planned UOF can be utilized: 1. When a situation will present a danger to deputies or others to include victims or other persons on scene; 2. When a suspect may display violent or aggressive behavior which may result in injuries to deputies, victims, or bystanders; 3. In order to accomplish a legitimate objective. C. Requirements for a Planned UOF Maneuver: 1. Planned UOF may only be utilized after all reasonable means have failed to produce compliance. 2. Must be authorized by a Supervisor and a Deputy Chief or above. 3. All planned UOF incidents shall be video recorded; a body worn camera used in accordance with BWC policy will meet this requirement. 9.10 MEDICAL ASSISTANCE A. Medical assistance shall be obtained for any witness, bystander, or arrestee (prior to booking or release), who has sustained visible injury, expressed a complaint of injury, continuing pain, or who has been rendered unconscious. Based upon the deputy’s initial assessment of the nature and extent of the subject's injuries, medical assistance may consist of examination by EMS, hospital staff, or medical staff at the jail. B. Any person who has been subjected to force from any authorized less-lethal weapon shall receive medical assistance or examination in accordance with the Sheriff’s Manual Chapter 9 Use of Force Appendices (as applicable), regardless of whether there is a complaint of injury or an absence of visible injury. 8 C. If any 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 an audio or video recording is made of the contact or an interview with the individual, any refusal should be included in the audio or video recording, if possible; a body worn camera used in accordance with BWC policy will meet this requirement. 9.11 DEADLY FORCE AGAINST ANIMALS A. Deadly force is sometimes required against animals. A deputy may employ deadly force against an animal to protect himself/herself, or another, from an imminent threat of serious bodily injury when no objectively reasonable alternatives exist. B. Except in the above instances, a deputy’s supervisor must approve the dispatch of a dangerous animal or one that is so badly injured that humanity requires its removal from further suffering. When reasonably possible, the deputy must also first obtain permission from the animal’s owner. C. Discharging a firearm in order to destroy an animal does not require the completion of the Use of Force Report, BCSO Form #350-454. 9.12 REQUIRED REPORTS A. When force is used to effect an arrest, subdue, or control an arrested person or prisoner, or in any other situation, the deputy shall fully document and describe in writing the reasons for the use of force. Such situations include, but are not limited to: 1. Any force used by a deputy greater than open/empty hands; 2. Any force used by a deputy which causes an individual to impact the ground/floor, object, or another person (e.g. a push, leg sweep, hip throw, etc.). This does not include those situations where a suspect is directed and voluntarily goes to their knees or assumes a prone position prior to being handcuffed; 3. Any force used by a deputy that causes injury to an individual; 4. Any force used by a deputy that causes death to an individual; 5. Discharging a firearm; 6. The use of an intermediate weapon by a deputy; 7. When a police canine bites an individual; or 8. Brandishing or displaying a weapon by the deputy. B. A detailed description of the facts leading up to the deputy’s use of force is required. 1. The report should include the cause of the situation, including verbatim as much as possible the words of the subject, and any actions or other facts that caused the deputy to respond with force. 9  2. All deputies witnessing or participating in the incident shall also submit a narrative report. The deputies’ supervisors must be notified of use of force incidents as soon as possible. C. In addition to documentation within the narrative of a report, any deputy using a level of force greater than open/empty hands control techniques, shall also complete the Use of Force Report, BCSO Form #350-454. The documentation shall be collected, compiled, and statistically analyzed. D. In conjunction with reporting requirements, the Sheriff and his Command Staff will be immediately notified whenever deadly force is used. 9.13 INVESTIGATIONS REQUIRED Use of force investigations shall be conducted as directed by Chapter 14 (Professional Standards and Integrity Division) of the Sheriff’s Office Policy Manual, or as directed by the Sheriff or his designee. 9.14 NOTIFICATION TO SHERIFF Any time a deputy fires a firearm, on or off-duty, other than for personal sport or for training purposes, it shall be the duty of the deputy to promptly report the incident to his or her supervisor, and the duty of the supervisor receiving the information to, as soon as possible, ensure the Chief Deputy and Sheriff are notified. 10