California Commission on Peace Officer Standards and Training Basic Course Workbook Series PDF

CALIFORNIA COMMISSION ON PEACE OFFICER STANDARDS AND TRAINING Basic Course Workbook Series Student Materials Learning Domain 20 Use of Force/Deescalation Version 5.4 THE MISSION OF THE CALIFORNIA COMMISSION ON PEACE OFFICER STANDARDS AND TRAINING IS TO CONTINUALLY ENHANCE THE PROFESSION...

CALIFORNIA COMMISSION ON PEACE OFFICER STANDARDS AND TRAINING Basic Course Workbook Series Student Materials Learning Domain 20 Use of Force/Deescalation Version 5.4 THE MISSION OF THE CALIFORNIA COMMISSION ON PEACE OFFICER STANDARDS AND TRAINING IS TO CONTINUALLY ENHANCE THE PROFESSIONALISM OF CALIFORNIA LAW ENFORCEMENT IN SERVING ITS COMMUNITIES  Basic Course Workbook Series Student Materials Learning Domain 20 Use of Force/Deescalation Version 5.4 © Copyright 2005 California Commission on Peace Officer Standards and Training (POST) All rights reserved. Published 1998 Revised July 2005 Revised February 2006 Correction September 2008 Correction February 4, 2009 Revised June 2009 Correction February 2015 Revised January 2018 Correction April 2018 Revised October 2018 Revised December 2019 Revised April 2020 Updated April 2021 This publication may not be reproduced, in whole or in part, in any form or by any means electronic or mechanical or by any information storage and retrieval system now known or hereafter invented, without prior written permission of the California Commission on Peace Officer Standards and Training, with the following exception: California law enforcement or dispatch agencies in the POST program, POST-certified training presenters, and presenters and students of the California basic course instructional system are allowed to copy this publication for non-commercial use. All other individuals, private businesses and corporations, public and private agencies and colleges, professional associations, and non-POST law enforcement agencies in-state or out-of- state may purchase copies of this publication, at cost, from POST as listed below: From POST’s Web Site: www.post.ca.gov Go to Ordering Student Workbooks  POST COMMISSIONERS Joyce Dudley – Chair District Attorney Santa Barbara County Rick Braziel – Vice Chair Educator Humboldt State University Alan Barcelona Special Agent California Department of Justice Ingrid Braun Sheriff-Coroner Mono County Sheriff’s Department Lai Lai Bui Sergeant Sacramento Police Department Barry Donelan Sergeant Oakland Police Department Robert T. Doyle Sheriff Marin County P. Lamont Ewell Public Member Geoff Long Public Member John McMahon Sheriff San Bernardino County Jethroe Moore, II Public Member James O’Rourke Sergeant California Highway Patrol Batine Ramirez Sergeant Placer County Sheriff’s Department John Marsh Chief Representing Rob Banta Director of Division of Law Enforcement Attorney General Ex-Officio Member  THE ACADEMY TRAINING MISSION The primary mission of basic training is to prepare students mentally, morally, and physically to advance into a field training program, assume the responsibilities, and execute the duties of a peace officer in society.  FOREWORD The California Commission on Peace Officer Standards and Training sincerely appreciates the efforts of the many curriculum consultants, academy instructors, directors and coordinators who contributed to the development of this workbook. We must also thank the California law enforcement agency executives who allowed their personnel to participate in the development of these training materials. This student workbook is part of the POST Basic Course Training System. The workbook component of this system provides a self-study document for every learning domain in the Basic Course. Each workbook is intended to be a supplement to, not a substitute for, classroom instruction. The objective of the system is to improve academy student learning and information retention and ultimately contribute to you becoming a peace officer committed to safety, and to the communities you will serve. The content of each workbook is organized into sequenced learning modules to meet requirements as prescribed both by California law and the POST Training and Testing Specifications for the Basic Course. It is our hope that the collective wisdom and experience of all who contributed to this workbook will help you, the student, to successfully complete the Basic Course and to enjoy a safe and rewarding career as a peace officer. MANUEL ALVAREZ, Jr. Executive Director  LD 20: Use of Force/Deescalation Table of Contents Topic See Page Preface iii Table of Contents i Introduction iii How to Use the Student Workbook iv Chapter 1: Introduction to the Use of Force 1-1 Overview 1-1 Objectively Reasonable Force 1-3 Authority to Use Force 1-7 Workbook Learning Activities 1-9 Chapter 2: Deescalation 2-1 Overview 2-1 Deescalation 2-3 Critical Decision-Making Model 2-6 Strategic Communication 2-10 Workbook Learning Activities 2-14 Chapter 3: Force Options 3-1 Overview 3-1 Force Options 3-3 Resistance 3-6 Communication 3-13 Workbook Learning Activities 3-15 Continued on next page LD 20: Use of Force/Deescalation i Table of Contents, Continued Topic See Page Chapter 4: Use of Force 4-1 Overview 4-1 Considerations Regarding the Use of Deadly Force 4-3 Justifiable Homicide by Peace Officer 4-10 Workbook Learning Activities 4-15 Chapter 5: Documenting the Use of Force 5-1 Overview 5-1 Documenting the Use of Force 5-2 Report Writing Tips 5-6 Workbook Learning Activities 5-9 Chapter 6: Consequences of Unreasonable Force 6-1 Overview 6-1 Fear and Anger Management in the Use of Force 6-3 Self-Control 6-4 Role and Initial Ongoing Training 6-13 Workbook Learning Activities 6-16 Chapter 7: Peace Officer and Agency Liability 7-1 Overview 7-1 Peace Officer and Agency Liability 7-3 Failure to Intervene 7-8 Intervention Techniques 7-10 Factors Affecting Intervention 7-12 Workbook Learning Activities 7-14 Glossary G-1 ii LD 20: Use of Force/Deescalation  Preface Introduction Student The student workbooks are part of the POST Basic Course Instructional workbooks System. This system is designed to provide students with a self-study document to be used in preparation for classroom training. Regular Basic Completion of the Regular Basic Course is required, prior to exercising peace Course training officer powers, as recognized in the California Penal Code and where the requirement POST-required standard is the POST Regular Basic Course. Student The following elements are included in each workbook: workbook elements chapter contents supplementary material, and a glossary of terms used in this workbook. Peace officers are often forced to make split – second judgments about the correct course of action to take in a given circumstance in conditions that are tense, uncertain and rapidly evolving. The actions described herein should not be considered as the only reasonable options available to an officer to effectively handle a given situation. Unless it is specifically stated as such, actions do not necessarily need to occur in the order that they are written. It is incumbent on the officer to select and use a response that is objectively reasonable under the totality of the facts and circumstances confronting the officer at the time. LD 20: Use of Force/Deescalation iii How to Use the Student Workbook Introduction This workbook introduces the training requirements for this Learning Domain. It is intended to be used in several ways: for initial learning prior to classroom attendance, for test preparation, and for remedial training. Workbook To use the workbook most effectively, follow the steps listed below. format Step Action 1 Begin by reading the: Preface and How to Use the Workbook, which provide an overview of how the workbook fits into the POST Instructional System and how it should be used. 2 Read the text. 3 Complete the Workbook Learning Activities at the end of each chapter. These activities reinforce the material taught in the chapter. 4 Refer to the Glossary for a definition of important terms. The terms appear throughout the text and are bolded and underlined the first time they appear (e.g. term). iv LD 20: Use of Force/Deescalation  Chapter 1 Introduction to the Use of Force Overview Learning need Peace officers must recognize that they have the authority to use objectively reasonable force to effect an arrest, to prevent escape, or to overcome resistance as authorized by the California Penal Code. For their safety, and for the safety and well-being of fellow officers, it is critical that peace officers know the laws governing the use of force. Learning The chart below identifies the student learning objectives for this chapter. objectives After completing study of this chapter, the student will be Objective able to: ID discuss objectively reasonable force as stated by law. 20.01.01 discuss the components of the Fourth Amendment 20.01.02 standard for determining objective reasonableness, as determined by the U.S. Supreme Court. explain the legal framework establishing a peace officer’s authority during a legal arrest, including: - subject’s requirement to submit to arrest without 20.01.03 resistance - peace officer’s authority to use objectively 20.01.04 reasonable force during a detention or arrest. identify the circumstances set forth in the California 20.01.05 Penal Code when a peace officer has the authority to use force. discuss the level of authority agency policies have 20.01.06 regarding the use of force by a peace officer. Continued on next page LD 20: Chapter 1 – Introduction to the Use of Force 1-1 Overview, Continued In this chapter This chapter focuses on the legal aspects regarding a peace officer’s authority to use force. Refer to the following chart for specific topics. Topic See Page Objectively Reasonable Force 1-3 Authority to Use Force 1-7 Workbook Learning Activities 1-9 1-2 LD 20: Chapter 1 – Introduction to the Use of Force Objectively Reasonable Force Introduction The goal for the use of force by a peace officer in any enforcement situation is to gain control of the situation or individual(s) encountered, when reasonable. Peace officers should understand the laws and agency policies governing use of force. The U.S. Constitution and the laws of the State of California allow peace officers to use objectively reasonable force to effect an arrest, to prevent escape, to overcome resistance, in self-defense, or in defense of others while acting in the lawful performance of their duties. Peace officers should remember that even when they have the authority to use force, they should consider the least intrusive force option. Whenever possible, peace officers should attempt to generate voluntary compliance without resorting to physical force. Some communication techniques and skills for obtaining voluntary compliance that can be utilized are ask, set context, present options, and act. The tenets of Procedural Justice, including voice, neutrality, respect, and trustworthiness, add to effective communication, may lead to greater police legitimacy, and may deescalate a situation. This chapter outlines legal authority for peace officers to use force when voluntary compliance cannot be obtained. Fourth In 1989, the United States Supreme Court decided the case of Graham v. Amendment Connor, 490 U.S. 386, (1989), which established that a peace officer’s use of “objective force, under the Fourth Amendment, would be judged using the “objective reasonableness” reasonableness” standard. standard The Court’s analysis began by balancing the subject’s Fourth Amendment right to remain free from any unreasonable seizure against the government’s interest in maintaining order through effective law enforcement. Continued on next page LD 20: Chapter 1 – Introduction to the Use of Force 1-3 Objectively Reasonable Force, Continued Fourth The Court noted that determining the objective reasonableness for the use of Amendment force must be fact specific, based on the totality of the circumstances “objective confronting the officer at the time that the force is used. The determination of reasonableness” reasonableness must allow for the fact that peace officers are often forced to standard make split-second judgments in circumstances that are tense, uncertain, and (continued) rapidly evolving. 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. The evaluation should be based on the facts and circumstances confronting the officer without regard to the officer’s underlying intent or motivation. When balanced against the type and amount of force used, the Graham factors used to determine whether an officer’s use of force is objectively reasonable are: whether the suspect posed an immediate threat to the safety of the officers or others the severity of the crime at issue whether the suspect was actively resisting arrest whether the suspect was attempting to evade arrest by flight split-second judgments during circumstances that are tense, uncertain, and rapidly evolving Of these factors, the most important is whether the individual poses an immediate threat to the officer or public. Continued on next page 1-4 LD 20: Chapter 1 – Introduction to the Use of Force Objectively Reasonable Force, Continued Other factors to The reasonableness inquiry is not limited to the consideration of those factors be considered alone. Other factors which may determine reasonableness in a use of force incident include: whether there was an opportunity to warn about the use of force prior to force being used and, if so, was such a warning given whether there was any assessment by the officer of the subject’s ability to cease resistance and/or comply with the officer’s commands availability of other objectively reasonable force options number of officers/subjects age, size, and relative strength of officers/subjects specialized knowledge, skills, or abilities of subjects prior contact injury or exhaustion of officers access to potential weapons environmental factors, including but not limited to lighting, footing, sound conditions, crowds, traffic, and other hazards whether the officer has reason to believe that the subject is mentally ill, emotionally disturbed, or under the influence of alcohol or drugs Continued on next page LD 20: Chapter 1 – Introduction to the Use of Force 1-5 Objectively Reasonable Force, Continued Related terms The reasonable officer standard is: would another officer facing like or similar circumstance, act in the same way or use similar judgment? The officer’s Peace officers will constantly be faced with decisions of when to use force and perspective to what degree it should be applied. The totality of the circumstances must be evaluated from the perspective of the officer at the scene, rather than from an outsider’s benefit of “20/20" hindsight. The facts and circumstances known to the peace officer at the time the force was used will be the basis for the determination of reasonableness. Community Community members want to be treated with respect and dignity. The public expectations expects peace officers to exercise their authority in order to maintain social order, manage conflicts, and solve problems. They expect peace officers to listen to them, treat them fairly, and be trustworthy. Community members want their officers to possess the skills to subdue violent and dangerous subjects. They also want officers to use these skills to apply only the amount of force that is reasonable. Peace officers should always be promoting the trust of the community and should act in a way to maintain that trust. Trust is vital for building long- lasting, innovative community partnerships capable of solving problems and improving the community’s quality of life. 1-6 LD 20: Chapter 1 – Introduction to the Use of Force Authority to Use Force Introduction It is the role of the peace officer to protect and serve the public. Peace officers who make or attempt to make an arrest may use objectively reasonable force when faced with a threat or resistance. Subject’s duty Penal Code Section 834a states: to submit to arrest “If a person has knowledge, or by the exercise of reasonable care, should have knowledge, that he is being arrested by a peace officer, it is the duty of such person to refrain from using force or any weapon to resist such arrest.” Additionally, in People v Curtis (1969 70 Cal 2d 347), the California Supreme Court held that “a person may use reasonable force to defend life and limb against excessive force.” Officer Penal Code Section 835 states: authority to use restraint “An arrest is made by an actual restraint of the person, or by submission to the custody of an officer. The person arrested may be subjected to such restraint as is reasonable for arrest and detention.” Continued on next page LD 20: Chapter 1 – Introduction to the Use of Force 1-7 Authority to Use Force, Continued Authority and Penal Code Section 835a(b) states: criteria for the use of force “Any peace officer who has reasonable cause to believe that the person to be arrested has committed a public offense may use objectively reasonable force to effect an arrest, to prevent escape, or to overcome resistance.” Penal Code Section 835a(d) states: “A peace officer who makes or attempts to make an arrest need not retreat or desist from their efforts by reason of the resistance or threatened resistance of the person being arrested. A peace officer shall not be deemed an aggressor or lose the right to self-defense by the use of objectively reasonable force in compliance with subdivisions (b) and (c) to effect the arrest or to prevent escape or to overcome resistance. For the purposes of this subdivision, ‘retreat’ does not mean tactical repositioning or other deescalation tactics.” Agency policies Constitutional, statutory, and case law establish the baseline requirements regarding the authority for peace officers to use force in the performance of their duties. The elements of Principled Policing should also be considered by local agencies, which are free to establish policies and procedures regarding the use of force by their employees that are more restrictive than those established in the baseline authorities. Peace officers are responsible for becoming familiar with and complying with their agency’s policies regarding the use of force including agency legal updates. 1-8 LD 20: Chapter 1 – Introduction to the Use of Force Workbook Learning Activities Introduction To help you review and apply the material covered in this chapter, a selection of learning activities has been included. No answers are provided. However, by referring to the appropriate text, you should be able to prepare a response. Activity 1. During an attempt by peace officers to arrest a subject for rape, the subject questions pulled an object from his pocket, pointed it at the officers, and in a highly agitated voice said, “Leave me alone or I’ll kill you. I’ve got a gun!” When a bystander came around the corner, the subject aimed the object at her. One of the officers shot the subject, who later died. The object brandished by the subject was discovered to be a toy gun. Do you feel the officer exercised objectively reasonable force? Explain why or why not based on the factors of reasonableness. 2. When considering what force is objectively reasonable, peace officers must remember they have rights as well. Outline each of these rights and explain how they might apply when dealing with a violent subject who is resisting arrest. Continued on next page LD 20: Chapter 1 – Introduction to the Use of Force 1-9 Workbook Learning Activities, Continued Activity 3. Explain why it is important for peace officers to be familiar with their questions agency’s policies on use of force. (continued) Continued on next page 1-10 LD 20: Chapter 1 – Introduction to the Use of Force Workbook Learning Activities, Continued Activity 4. During a lawful detention based on reasonable suspicion, the suspect tells questions the officer that he does not want to speak to the officer and begins to walk (continued) away. What actions are available to the officer, if any? 5. Explain how the officer can utilize the principles of procedural justice to control the situation. Continued on next page LD 20: Chapter 1 – Introduction to the Use of Force 1-11 Workbook Learning Activities, Continued Activity 6. Explain whether or not an officer could use force to effect the detention questions and the applicable authorities. (continued) 7. Explain if your response would be different if the detention is for an infraction. 1-12 LD 20: Chapter 1 – Introduction to the Use of Force  Chapter 2 Deescalation Overview Learning need Peace officers must understand how the principles of deescalation can enhance contacts with the public and may result in improved decision-making, reduction in situational intensity, and opportunities for outcomes with greater voluntary compliance. Learning The chart below identifies the student learning objectives for this chapter. objectives After completing study of this chapter, the student will be Objective able to: ID define deescalation. 20.02.06 recognize the four core concepts of deescalation 20.02.07 - Self-control - Effective communication - Scene assessment and management - Force options understand the components of a Critical Decision- 20.02.08 Making Model. - Collect Information - Assess situation, threats, and risks - Law and policy - Plan - Act, review, and reassess recognize how tactical methods that use time, distance, 20.02.09 cover, and concealment assist in deescalation. recognize how strategic communication may enhance 20.02.10 deescalation. Continued on next page LD 20: Chapter 2 – Deescalation 2-1 Overview, Continued In this chapter This chapter focuses on principles of deescalation. Refer to the following chart for specific topics. Topic See Page Deescalation 2-3 Critical Decision-Making Model 2-6 Strategic Communication 2-10 Workbook Learning Activities 2-14 2-2 LD 20: Chapter 2 – Deescalation Deescalation Introduction Peace officers must understand that the principles of deescalation can provide effective tools during contacts with the public and may result in improved decision-making, reduction in situational intensity, and providing outcomes with greater voluntary compliance. Definition Deescalation is the process of using strategies and techniques intended to decrease the intensity of the situation. Common Common misconceptions of deescalation include, but are not limited to: misconceptions If an officer uses force, that means they failed to de-escalate of deescalation It is a soft form of policing Officers are losing control at scenes Officers are being required to walk away or retreat Officers are letting their guard down De-escalation is too difficult to apply in rapidly changing situations Benefits of Benefits of the practice of deescalation include, but are not limited to: deescalation Positive impact on public trust Reduced danger to officer and the public Improved community cooperation Positive impact on officer wellness Continued on next page LD 20: Chapter 2 – Deescalation 2-3 Deescalation, Continued The history of The highest priority of California law is safeguarding the life, dignity, and deescalation: liberty of all persons, without prejudice to anyone. Law enforcement officers Senate Bill 230 shall be guided by the principle of reverence for human life in all (2019-2020) investigative, enforcement, and other contacts between officers and members of the public. When officers are called upon to detain or arrest a suspect who is uncooperative or actively resisting, may attempt to flee, poses a danger to others, or poses a danger to themselves, they should consider tactics and techniques that may persuade the suspect to voluntarily comply or may mitigate the needs to use a higher level of force to resolve the situation safely. Vesting officers with the authority to use necessary force as determined by an objectively reasonable officer and to protect the public welfare requires monitoring, evaluation, and a careful balancing of all interests. The authority to use force is a serious responsibility given to peace officers by the people who expect them to exercise that authority judiciously and with respect for human rights, dignity, and life. The intent of Senate Bill 230 (2019-2020) is to establish the minimum standard for policies and reporting procedures regarding California law enforcement agencies’ use of force. The purpose of these use of force policies is to provide law enforcement agencies with guidance regarding the use and application of force to ensure such applications are used only to effect arrests or lawful detentions, overcome resistance, or bring a situation under legitimate control. No policy can anticipate every conceivable situation or exceptional circumstance which officers may face. In all circumstances, officers are expected to exercise sound judgment and critical decision making when using force options. A law enforcement agency’s use of force policies and training may be introduced as evidence in proceedings involving an officer’s use of force. The policies and training may be considered as a factor in the totality of circumstances in determining whether the officer acted reasonably but shall not be considered as imposing a legal duty on the officer to act in accordance with such policing and training. Every instance in which a firearm is discharged, including exceptional circumstances, shall be reviewed by the department on a case-by-case basis to evaluate all facts and to determine if the incident is within policy and in accordance with training. Continued on next page 2-4 LD 20: Chapter 2 – De-escalation Deescalation, Continued Core concepts Peace officers should attempt to recognize the public’s physical and psychological reactions to situations. Peace officers should also try to recognize their own physical and psychological reactions to situations. Tactics and techniques may assist in decreasing the situational intensity of a situation and gain voluntary compliance. Self-control – understanding of physical and psychological reactions of the public and law enforcement officers may assist in maintaining self- control. Effective communication – clear commands and questions, good observation and listening skills, and appropriate terminology will enhance the likelihood of success. Scene assessment and management – when possible, provides officers with an accurate picture of what is occurring and assists in the management of force options. Force options – reasonable use of force techniques may reduce situational intensity for the safety of all parties. _________________________________________________________________________ Areas of Voluntary compliance requires clearly communicated instructions using performance deescalation techniques. where deescalation When possible, officers should consider mitigating unintended consequences. concepts may Doing so may assist in the overall deescalation of an event and aids in public assist trust. There can be many officers and public safety issues when attempting to use deescalation techniques. Police legitimacy is greatly affected by the use or non-use of deescalation techniques. Remember the importance of voice, neutrality, trustworthiness, and respect. LD 20: Chapter 2 – Deescalation 2-5 Critical Decision-Making Model Introduction Critical Decision-Making Model (CDM) is loosely derived from the United Kingdom’s model and is one process that may be valuable in helping peace officers assess and respond to critical incidents. CDM is one of many models that enhance critical decision-making. Respect for When forming a plan to address a law enforcement event, officers should keep human life and in mind the universal respect for human life and dignity. dignity Components of The components of a Critical Decision-Making Model include: critical decision- making model Collecting information Assessing the situation, threats, and risks Law and policy Plan Act, review, and reassess Collect The collection of information prior to and during the use of deescalation and a information threat risk assessment may be considered while using deescalation techniques. Deescalation techniques that are attempted or actually utilized should be documented in the appropriate reports related to an incident. Deescalation techniques that can be documented include, but are not limited to: Information gathered prior to arriving at the scent Use of distance Use of additional officers Communication and verbalization techniques utilized The level of success or failure of each deescalation technique Continued on next page 2-6 LD 20: Chapter 2 – Deescalation Critical Decision-Making Model, Continued Assessing the Assessing the situation includes, but is not limited to: situation, Determining if the situation poses a threat or risk to others threats, and Determining if the threat requires an immediate response risks Determining if there is an imminent threat that requires action Assessing the threats includes, but is not limited to: Awareness of the situation Assessing and requesting appropriate resources Cover and concealment Distance between officers and subjects Assessing the risks includes, but is not limited to: The subject’s behavior The subject’s condition Possible communication issues The subject’s access to weapons The subject’s special skills or knowledge Law and policy Peace officers need to consider: Is there a legal reason or obligation to act? What legal powers does the officer have based on federal, state, and local ordinances? Are the officer’s actions within agency policy? Plan Peace officers should: Identify roles and responsibilities Contingencies Options and resources Utilization of time Continued on next page LD 20: Chapter 2 – Deescalation 2-7 Critical Decision-Making Model, Continued Act, review, and Deescalation is dynamic and officers should: reassess Implement a plan and prepare to adjust, if needed Assess whether the action has the desired effect If the action has the desired effect, is there anything more that can be done? Review what lessons can be learned following the conclusion of the contact The effect of Although rapidly evolving and/or violent incidents may not allow officers to time on peace try and “slow things down,” using the time when safe and practical to do so, officer planning may aid in reducing the intensity of the situation. Although there are and tactics situations where officers cannot delay in acting, many can be handled safely and effectively by allowing more time to transpire. These strategies and techniques to deescalate a situation may affect officer safety, situational awareness, and tactical repositioning: Creating distance may calm an irate individual and help reduce the person’s intensity. But if doing so poses a loss of situational control, or officer or public safety are further jeopardized, then adding distance may be counterproductive to achieving a positive outcome. Situational awareness is a critical consideration in deescalation. Recognizing what may be an immediate threat, seeing people or items causing agitation to a violent suspect, or understanding how some stimuli are altering behavior aid an officer in responding well to an incident. Continued on next page 2-8 LD 20: Chapter 2 – Deescalation Critical Decision-Making Model, Continued The effect of Tactical repositioning is often utilized for officer safety and it can also be time on peace considered as a deescalation technique. An officer being less, or more, visible officer planning can affect the actions of others. The vantage points from which officers and tactics, observe must provide for officer safety. Different positions may also direct continued someone’s attention elsewhere, draw them away from threats, and/or help deescalate a situation. Gaining useful information prior to arriving at an incident and continuing to update it during the call may assist officers with a better understanding, while possibly providing additional solutions not recognized without the information. For example: Knowing a despondent person’s child recently died would be helpful to an officer trying to assist them. Information on past law enforcement contacts with the individual. Gathering information on medications or medical issues of the individual Contacting family member Assess whether the action has the desired affect If the action has the desired effect, is there anything more that can be done? Review what lessons can be learned following the conclusion of the contacting family members for additional information on the individual. When documenting incidents where deescalation techniques are utilized, officers should include specific words spoken and suspect actions taken and not taken. The documentation should provide a clear understanding of what the officer was facing, the actions taken, the observations made, and other important facts related to the officer’s and other’s actions. LD 20: Chapter 2 – Deescalation 2-9 Strategic Communication Introduction Peace officers are contact professionals, which means that they represent more than themselves. Officers should realize that using good verbal skills may increase the likelihood of successful deescalation and/or voluntary compliance. Officers should understand that words do not always work, or they may not have the opportunity to use them. Definition Strategic communication is the use of verbal and non-verbal techniques to aid in controlling a situation and enhancing officer and community safety. Officer and While strategic communication is one approach that may assist officers in public safety in effectively communicating with members of the public and gaining voluntary strategic compliance, officers should never sacrifice their safety, the safety of other communication officers, or the safety of the public. With this in mind, officers need to focus on maintaining situational awareness and a tactical advantage. Benefits of Some of the benefits of strategic communication may be, but are not limited strategic to: communication Deescalation Maintaining officer and community safety Gaining voluntary compliance Building rapport Decreasing citizen complaints The importance Remember – two way to communicate a message of how to communicate Professional your message Be flexible enough to look beyond your perspective and be empathetic Always use your language as if you had an audience Unprofessional The unprofessional use of language designed to escalate the situation Not knowing your audience Antagonistic/sarcastic reactions Remember there is an expectation by the public and the courts that law enforcement officers should act professionally. Continued on next page 2-10 LD 20: Chapter 2 – Deescalation Strategic Communication, Continued How to handle Officers may need to deal with persons who are angry or upset or verbally verbal abuse- lash out at officers. Instead of responding in kind, officers may be able to deflection and deflect or redirect the conversation in a more positive direction. redirection This can be done with the use of verbal deflectors Some examples of verbal deflectors are: “Appreciate that, but…” “I understand that, but…” “I got that, however…” “Maybe so, but…” “I hear that, however…” Verbal deflectors allow the officer to focus on the issue and not the attitude. The phrase also acknowledges the other person’s concerns. The key to using verbal deflectors is to deflect the comment then to immediately add “but” or “however” For example: Subject: “You’re an asshole!” Officer: “I hear that; however, I need you to sign the citation.” Examples of There are various strategic communication models. Two examples are strategic LEAPS and the 5-step technique. communication models LEAPS LEAPS can provide officers with an approach to communication that may assist in deescalating a situation and gathering important information. While some situations may lend themselves to using LEAPS in chronological order (i.e. L-E-A-P-S). In other situations, officers may find it more effective to proceed in a different order (e.g. A-L-P-S-E) or just use some of LEAPS (e.g. L-A-S-E). Continued on next page LD 20: Chapter 2 – Deescalation 2-11 Strategic Communication, Continued Skill Example L - Listen - Project a “listening face” - Active listening consists of being open, hearing the other person, interpreting what is being said, and acting appropriately. E - Empathize - Project an “empathetic face” - Develop a sense of “otherness” - Citizens have a point of view, right or wrong. Officers do not have to agree but should try to understand their perspective. A - Ask - Use fact-finding questions - Set context - Vary the questions to lessen resistance. P - Paraphrase - Put the other person’s meaning into your words. S - Summarize - Explain how the problem will be resolved. Continued on next page 2-12 LD 20: Chapter 2 – Deescalation Strategic Communication, Continued Uncooperative Officers sometimes interact with persons who do not appear to present a and difficult physical threat to the safety of officers or others, but who are nonetheless persons – 5-step uncooperative or difficult (e.g. a motorist who does not want to sign a ticket). technique In these situations, officers may find it useful to use a five-step approach in an effort to deescalate the situation and gain voluntary compliance (i.e. getting the motorist to sign the ticket and be on their way). The five steps are intended to be followed in chronological order; however, circumstances may dictate a different order, different response, or immediate action. 1. Ask – ethical appeal (“I need you to…”) 2. Set context – reasonable appeal (tell them why) 3. Present Options – personal appeal (always present the positive option first) 4. Confirmation stage – practical appeal (“Is there anything else I can say to gain your cooperation? I’d like to think you’d work with me.”) 5. ACT – disengage to wait for further assistance or immediately move to a force option Note: 8 step is elaborated in LD 22 – Vehicle Pullovers Documentation It is important for officers to thoroughly document their strategic communication attempts in a well-written report. Remember that the officer’s report is a critical part of the review process and helps others assess the reasonableness of their actions. LD 20: Chapter 2 – Deescalation 2-13 Workbook Learning Activities Introduction To help you review and apply the material covered in this chapter, a selection of learning activities has been included. No answers are provided. However, by referring to the appropriate text, you should be able to prepare a response. Activity 1. You are dispatched to the scene of a non-injury traffic collision. Both questions drivers are irate and argumentative, but no physical altercation has occurred. One of the drivers is the reporting party and requests a report. The other driver does not want a report to be filed and is becoming annoyed with your presence at the scene. How do the core concepts of deescalation apply? 2. Given the above scenario, utilize the Critical Decision-Making model to develop a solution. Continued on next page 2-14 LD 20: Chapter 2 – Deescalation Workbook Learning Activities, Continued Activity 3. You are dispatched to the scene of a non-injury traffic collision. Both questions drivers are irate and argumentative, but no physical altercation has occurred. One of the drivers is the reporting party and requests a report. The other driver does not want a report to be filed and is becoming annoyed with your presence at the scene. How would the 5-Step technique be applied to resolve the situation? 4. Given the above scenario, what considerations should be made to maintain scene safety? Continued on next page LD 20: Chapter 2 – Deescalation 2-15 Workbook Learning Activities, Continued Activity 5. You make a lawful detention of a driver after observing a moving questions violation. The driver is visibly upset and rambling about personal issues. (continued) How would LEAPS be applied to this situation? 6. After obtaining the driver’s license, vehicle registration, and proof of insurance from the driver in the previous scenario, you complete a citation for the moving violation and return to the vehicle. The driver is appalled and is refusing to sign the citation. How would the 5-Step technique be applied to resolve the situation? 2-16 LD 20: Chapter 2 – Deescalation  Chapter 3 Force Options Overview Learning need Peace officers must recognize that they have a range of force options available to them. However, in all cases the use of force must be objectively reasonable compared to the threat, resistance, and other circumstances known to the officer at the time the force was used. Learning The chart below identifies the student learning objectives for this chapter. objectives After completing study of this chapter, the student will be Objective able to: ID define the term “force option.” 20.03.06 identify that the objective of using force is to overcome 20.03.07 resistance to gain control of an individual and the situation. recognize force options and the amount of force peace 20.03.08 officers may use based on the subject’s resistance. explain the importance of training and ongoing practice 20.03.09 when responding to potentially dangerous situations that may require the use of force. discuss the importance of effective communication when 20.03.10 using force. Continued on next page LD 20: Chapter 3 – Force Options 3-1 Overview, Continued In this chapter This chapter focuses on principles of use of force. Refer to the following chart for specific topics. Topic See Page Force Options 3-3 Resistance 3-6 Communication 3-13 Workbook Learning Activities 3-15 3-2 LD 20: Chapter 3 – Force Options Force Options Introduction Force options are choices available to a peace officer in any given situation to overcome resistance, to effect an arrest, to prevent escape, in the defense of self and others, and to gain control of the situation. Objective for The objective for the use of force by peace officers is to gain and maintain use of force control of an individual and the situation. Peace officers are required to: use the type of force which is objectively reasonable under the totality of the circumstances use only the amount of force objectively reasonable to overcome resistance and to gain or maintain control of a subject conform to agency policy, federal and state law Officer Officers must rely upon their own judgment to ensure that the amount of force judgment used to gain and/or maintain control of a subject or situation does not exceed what is objectively reasonable under the totality of the circumstances confronting them. Continued on next page LD 20: Chapter 3 – Force Options 3-3 Force Options, Continued Officer In law enforcement, preparation is an important factor in determining the preparation effectiveness of the use of force by a peace officer, as well as generating a professional image for peace officers. The following chart identifies some items officers must consider in their preparation: Item Considerations Benefits Uniforms - Proper fit - More effective - Neat, professional - Command presence appearance - Does not impair free movement Gear - In good condition - Increased - Inspected regularly confidence in the - Readily accessible application of physical force Firearms - Cleaned and maintained - Increased - Serviced by a trained armorer confidence in the as necessary application of deadly force Body armor - Fits properly - Enhanced - Does not interfere with survivability movement - Is worn by the officer Practice and It has been established that peace officers, when required to respond in training dangerous situations, will revert to the responses they learned in training. Officers’ tactical performance may depend on how well and effectively they have trained and practiced required skills and abilities. Continued on next page 3-4 LD 20: Chapter 3 – Force Options Force Options, Continued Factors There are a number of factors that can affect which force option is selected. affecting The following chart identifies, but is not limited to, some of the most critical: selection Factor Considerations Public and officer safety - Immediate action required for self-defense or defense of others Amount and nature of the resistance - Passive noncompliant which must be overcome, or flight - Active resistance or attempted flight - Assaultive resistance - Life-threatening resistance Presence of a weapon and type of - Other Weapons weapon - Firearms Seriousness and nature of the - Misdemeanor cite and release offense - DUI - Armed Robbery Characteristics of the subject as - Size compared to the characteristics of - Age the officer - Knowledge of Capabilities - History Availability of assistance - Number of officers - Available backup units - Distance of responding units Nature and condition of the location - Danger to bystanders and surroundings - Availability of weapons - Environmental conditions LD 20: Chapter 3 – Force Options 3-5 Resistance Introduction The propriety of an officer’s use of force depends upon whether that force is found to have been objectively reasonable under the totality of the circumstances of the particular situation confronting the officer. The immediate threat to the safety of the officer or others is the most significant factor in determining reasonableness. The subject’s actions and the practical considerations involved in a situation are major factors in determining the type of force the officer may lawfully use in order to gain or maintain control of the subject or the situation. Subjects actions The following chart illustrates how a subject’s resistance/actions can correlate to the force applied by an officer: Subject’s Description Possible Force Option Actions Compliant Subject offers no - Mere professional appearance resistance - Nonverbal actions - Verbal requests and commands - Handcuffing and control holds Passive non- Does not respond to - Officer’s strength to take compliant verbal commands but physical control, including also offers no physical lifting/carrying form of resistance - Pain compliance control holds, takedowns and techniques to direct movement or immobilize a subject Actively Physically evasive - Control holds and techniques to resistant movements to defeat an control the subject and situation officer’s attempt at - Use of personal body weapons control, including to gain advantage over the bracing, tensing, running subject away, or verbally or physically signaling an intention to avoid or prevent being taken into or retained in custody Continued on next page 3-6 LD 20: Chapter 3 – Force Options Resistance, Continued Subjects actions Subject’s Description Possible Force Option (continued) Actions Assaultive Aggressive or - Use of devices and/or combative; attempting to techniques to secure compliance assault the officer or and ultimately gain control of another person, verbally the situation or physically displays an - Use of personal body weapons intention to assault the in self-defense and to gain officer or another person advantage over the subject Life- Any action likely to - Utilizing firearms or any other threatening result in serious bodily available weapon or action in injury or death of the defense of self and others to officer or others stop the threat NOTE: Officers must consider the totality of the circumstances when selecting a force option. It is not the intent of this chart to imply that an officer’s force options are limited based on any single factor. A key principle in maintaining public trust and respect is ensuring that any use of force is reasonable. NOTE: Officers must be aware of and comply with their specific agency policies regarding appropriate force options. Constant Peace officers must use the force option(s) appropriate for the situation as reevaluation conditions may change rapidly. Officers must continually reevaluate the subject’s actions and the practical considerations involved in the situation and must be prepared to transition as needed to the appropriate force options (deescalate or escalate), so as to always remain within the bounds of conduct which is objectively reasonable under the circumstances. Continued on next page \ LD 20: Chapter 3 – Force Options 3-7 Resistance, Continued Key Practical considerations are a key factor in a peace officer’s choice of force considerations options. It is important for peace officers to recognize the advantages and disadvantages of the various force options. Some of the factors to consider are: Distance: Would a force option be effective at the distance involved? Number of subjects: Can the force option effectively be used to engage multiple subjects or only a single subject? Subject’s mental state or state of intoxication: Which force options would be effective regarding a subject’s apparent mental illness or state of intoxication, possibly resulting in increased pain tolerance, accelerated strength, or inability to communicate with the subject? Subject’s physical strength and skill: Does the peace officer have the physical strength and skill to effectively use a force option, compared to the subject’s apparent physical strength and skill? Affecting or endangering other people: What potential effect does a force option have on other peace officers or bystanders at the scene? Time: Does the peace officer have time to effectively use a force option? In use of force incidents involving multiple peace officers, it is important for peace officers to use teamwork. Peace officers should communicate with each other, and coordinate their actions, during a use of force incident so they are not working against each other. A peace officer should consider having a different force option ready in case the force option being used by another peace officer is ineffective. Continued on next page 3-8 LD 20: Chapter 3 – Force Options Resistance, Continued Key Peace officers should recognize that making transitions between force options considerations can be difficult during stressful and rapidly changing conditions. It is useful (continued) for peace officers to practice making such transitions during training. Peace officers must be prepared to transition to another force option if the one being used appears to be ineffective in controlling the subject or situation. The various force options are placed into three general categories: Force Option Foreseeable Injury Non-Deadly Force Force which creates a minimal risk of injury Intermediate Force Force which has a significant risk of injury Deadly Force Force which has a substantial risk of serious bodily injury or death Continued on next page LD 20: Chapter 3 – Force Options 3-9 Resistance, Continued Force options The following list includes tools and techniques which are the most common tools and force options available to peace officers, but it is not all inclusive. Peace techniques officers should recognize that the risk of injury created by a particular force option may vary depending upon how the force option is applied. Professional/command presence Interpersonal communication techniques/warnings Control Holds/Takedowns/Handcuffing Handcuffing and Temporary Restraints Chemical agents Electronic Control Weapons Impact Weapons Impact Projectile Weapons Canine Personal Body Weapons Improvised weapons or techniques Firearms NOTE: Officers need not apply force options and techniques chronologically. Officers should select the force option most objectively reasonable given the “totality of the circumstances” once the decision to use force has been made. Continued on next page 3-10 LD 20: Chapter 3 – Force Options Resistance, Continued Examples The following chart presents examples of situations involving an objectively reasonable and unreasonable use of force based on the level of resistance/actions that is being offered by the subject: Situation Subject’s Action(s) Officer’s Response(s) During a traffic The driver offered no Reasonable: stop an officer resistance, was The officer’s presence and discovered that the cooperative, and verbal commands controlled the driver had several responded situation. outstanding traffic immediately to the Unreasonable: warrants. verbal commands of The officer used a physical the officer. control hold immediately before giving verbal commands. The driver became fearful of the officer’s actions and began to struggle with the officer. Absent other mitigating factors, the officer’s use of force was unreasonable and may have escalated the threat. During a traffic The driver complied Reasonable: stop an officer with the officer’s The officer used a firm grip to discovered that the verbal command to overcome the driver’s passive driver had several get out of the car and resistance to the officer’s outstanding traffic showed no signs of efforts to direct the movement warrants. threatening behavior of the driver and maintain but refused to control of the situation. cooperate in any other Unreasonable: way. The officer used an impact weapon to disable the subject before applying a control hold and placing the subject under arrest. Continued on next page LD 20: Chapter 3 – Force Options 3-11 Resistance, Continued Examples Situation Subject’s Action(s) Officer’s Response(s) (continued) During a traffic The driver complied Reasonable: stop an officer with the officer’s The officer used a takedown discovered that the verbal command to technique to gain physical driver had several get out of the car but control of the subject and then outstanding traffic then pulled away and placed the subject under arrest. warrants. assumed a fighting Since the subject exhibited stance. assaultive behavior toward the officer, the use of force by the officer was reasonable. Unreasonable: The officer continued making verbal requests for the subject to comply and attempted no other action to gain control of the subject. Even though the subject was not actively attacking the officer, he was actively and aggressively resisting the officer’s attempt to arrest him. By not responding to the changing situation with objectively reasonable force, the officer may have placed himself in greater danger of losing control and placed himself at risk of serious bodily injury. 3-12 LD 20: Chapter 3 – Force Options Communication Introduction Effective communication may enable a peace officer to gain cooperation and voluntary compliance in stressful situations (e.g. confronting a hostile subject). This is an important factor in gaining the respect and trust of the communities you serve. Importance of The vast majority of law enforcement responsibilities involve effective effective communication. Communication involves both command presence and words communication resulting in improved safety. The following chart highlights some benefits of effective communication: For... Effective Communication... Safety provides skills that reduce the likelihood of physical confrontation can result in a reduction of injuries Professionalism renders more effective public service and improves community relations decreases public complaints and internal affairs investigations decreases civil liability lessens personal and professional stress Continued on next page LD 20: Chapter 3 – Force Options 3-13 Communication, Continued The law Law enforcement is a highly visible profession. When peace officers enforcement communicate, they represent: profession and communication themselves/agency executive staff (i.e. chief or sheriff) government (city, county, state, federal) public interest authority (laws, the Constitution, the Bill of Rights, etc.) law enforcement profession as a whole Effective communication is a basic element of the use of force. A major goal of law enforcement is to gain voluntary compliance without resorting to physical force. The use of deescalation communication can aid in diffusing a potentially volatile incident and avoid the need to use force against an individual. 3-14 LD 20: Chapter 3 – Force Options Workbook Learning Activities Introduction To help you review and apply the material covered in this chapter, a selection of learning activities has been included. No answers are provided. However, by referring to the appropriate text, you should be able to prepare a response. Activity 1. One of the factors that must be considered in selecting a force option is the questions characteristics of the individual peace officer as compared with those of the subject. Use the charts below to compare your personal characteristics at this time to those of the subjects shown. Why is it important to objectively assess your own characteristics and capabilities? Officer Subject - Male Size: approximately 6' 3" and 230 pounds Age: 24 Capabilities: gun enthusiast and marksman, possibly armed, muscular and athletic History: past record of domestic violence (battery), several speeding tickets, one conviction for DUI Continued on next page LD 20: Chapter 3 – Force Options 3-15 Workbook Learning Activities, Continued Activity Officer Subject - Female questions Size: approximately 5' 3" and 110 (continued) pounds Age: 30 Capabilities: unknown, athletic build, accompanied by young child History: no record on file 2. Using the information in the charts from Activity 1, consider each subject separately and explain how and why you might react differently to each person when encountered in the following scenario: During a traffic stop, a records’ check of the driver reveals a current warrant for arrest under suspicion of grand theft. The driver exits the car as directed but passively resists all other commands. The driver’s hands remain in his jacket pockets. Continued on next page 3-16 LD 20: Chapter 3 – Force Options Workbook Learning Activities, Continued Activity 3. Give an example of a force option at each of the following levels of force: questions (continued) - cooperative - resistive - assaultive - life-threatening Next, outline a scenario for each option in which you think that force option might be acceptable. LD 20: Chapter 3 – Force Options 3-17 Student Notes This page intentionally left blank. 3-18 LD 20: Chapter 3 – Force Options  Chapter 4 Use of Deadly Force Overview Learning need Peace officers must fully comprehend their authority, responsibility, and liability regarding the use of deadly force as authorized by law. Learning The chart below identifies the student learning objectives for this chapter. objectives After completing study of this chapter, the student will be Objective able to: ID identify the legal standard for the use of deadly force. 20.04.02 identify the factors required to establish sufficiency of 20.04.03 fear for the use of deadly force. recognize facts an officer should consider when 20.04.04 determining whether or not to use deadly force. discuss the role of agency policies regarding the use of 20.04.05 deadly force. recognize the law regarding justifiable homicide by a 20.04.06 peace officer and the circumstances under which the homicide is considered justifiable. Continued on next page LD 20: Chapter 4 – Use of Deadly Force 4-1 Overview, Continued In this chapter This chapter focuses on the use of deadly force. Refer to the following chart for specific topics. Topic See Page Considerations Regarding the Use of Deadly Force 4-3 Justifiable Homicide by Peace Officer 4-10 Workbook Learning Activities 4-15 4-2 LD 20: Chapter 4 – Use of Deadly Force Considerations Regarding the Use of Deadly Force Introduction The use of deadly force is one of the most serious decisions a peace officer has to make. Definition Deadly force applied by a peace officer is force that creates a substantial risk of causing death or serious bodily injury. Leadership The authority to use deadly force is a tremendous responsibility given to peace officers by the people who expect them to exercise that authority judiciously. In the law enforcement/community partnership, peace officers are expected to be self-disciplined and accountable, which helps build community trust and respect. In defense of Any peace officer who has reasonable cause to believe that the person to be human life arrested has committed a public offense may use objectively reasonable force to effect arrest, to prevent escape, or to overcome resistance. (Penal Code Section 835a(b)) A peace officer is justified in using deadly force upon another person only when the officer reasonably believes, based on the totality of the circumstances, that such force is necessary. (Penal Code Section 835a(c)) Continued on next page LD 20: Chapter 4 – Use of Deadly Force 4-3 Considerations Regarding the Use of Deadly Force, Continued Use of deadly The decision to use deadly force to defend against an imminent threat of death force in defense or serious bodily injury to the officer or to another person is guided by federal of human life case law and California state law. Federal Case In 1989, the United States Supreme Court decided the case of Graham v. Law Connor, 490 U.S. 386, (1989), which established that a peace officer’s use of force, under the Fourth Amendment, would be judged using the “objective reasonableness” standard. The Court noted that determining the objective reasonableness for the use of force must be fact specific, based on the totality of the circumstances confronting the officer at the time that the force is used. The determination of reasonableness must allow for the fact that peace officers are often forced to make split-second judgments in circumstances that are tense, uncertain, and rapidly evolving. Established Graham factors to guide officers in determining if a use of force is objectively reasonable: whether the suspect posed an immediate threat to the safety of the officers or others the severity of the crime at issue whether the suspect was actively resisting arrest whether the suspect was attempting to evade arrest by flight split- second judgments during circumstances that are tense, uncertain, and rapidly evolving. California State California Penal Code Section 835a states in part: Law Any peace officer who has reasonable cause to believe that the person to be arrested has committed a public offense may use objectively reasonable force to effect the arrest, to prevent escape, or to overcome resistance. (Penal Code Section 835a(b)) A peace officer is justified in using deadly force upon another person only when the officer reasonably believes, based on the totality of the circumstances, that such force is necessary… to defend against an imminent threat of death or serious bodily injury to the officer or to another person. (Penal Code Section 835a(c)(1)(A)) Continued on next page 4-4 LD 20: Chapter 4 – Use of Deadly Force Considerations Regarding the Use of Deadly Force, Continued Use of deadly The decision to use deadly force in the apprehension of a fleeing person is force on a guided by federal case law and California State law: fleeing person In 1985, the United States Supreme Court decided the case of Tennessee v. Garner, 471 U.S. 1, (1985), which established that a peace officer may use deadly force to prevent the escape of a fleeing suspect only if the officer has probable cause to believe that the suspect poses a significant threat of death or serious physical injury to the officer or others. The Court applied the following points regarding when it would be objectively reasonable for an officer to use deadly force against a fleeing subject in this particular set of circumstances (e.g. using a firearm to stop a fleeing suspect escaping on foot). Components of the Garner decision... 1 “...if the subject threatens the officer with a weapon or there is probable cause to believe that he has committed a crime involving the infliction or threatened infliction 1of serious physical injury [or death].” 2 “...probable cause to believe that the subject poses a threat of death or serious physical harm, either to the officer or others...” 3 “...probable cause to believe that the use of deadly force is reasonably necessary.” [to prevent escape] 4 “...some warning be given prior to the use of deadly force where feasible...” NOTE: This US Supreme Court decision of Tennessee v. Garner is only the baseline for use of deadly force in this particular set of circumstances. Peace officers must know the applicable law and agency policies. Officers should comply with agency policy and federal and state law. Continued on next page LD 20: Chapter 4 – Use of Deadly Force 4-5 Considerations Regarding the Use of Deadly Force, Continued Use of deadly Penal Code force on a Penal Code Section 835a states in part: Section fleeing person Notwithstanding subdivision (b), a peace officer is (c)(1) (continued) justified in using deadly force upon another person only when the officer reasonably believes, based on the totality of the circumstances, that such force is necessary for either of the following reasons: To defend against an imminent threat of death or serious (A) bodily injury to the officer or to another person. To apprehend a fleeing person for any felony that (B) 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. Where feasible, a peace officer shall, prior to the use of force, make reasonable efforts to identify themselves 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. A peace officer shall not use deadly force against a person (c)(2) based on the danger that person poses to themselves, if an objectively reasonable officer would believe the person does not pose an imminent threat of death or serious bodily injury to the peace officer or to another person. Continued on next page 4-6 LD 20: Chapter 4 – Use of Deadly Force Considerations Regarding the Use of Deadly Force, Continued Related terms Serious bodily harm or injury means 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. (Penal Code Section 243(f)(4)) Deadly force means 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. (Penal Code Section 835a(e)(1)) Imminent means: a threat of death or serious injury is “imminent” when, based upon the totality of the circumstances, a reasonable officer in the same situation would believe that a person has the present ability, op