Use of Force / Pursuit / Foot Pursuit

De-escalation

The process of using strategies and techniques intended to decrease the intensity of the situation. The goal of de-escalation is to gain the voluntary compliance of subjects, when reasonably safe and feasible, and thereby reduce or eliminate the necessity to use physical force. De-escalation includes the use of such crisis stabilization techniques as command presence, time, tone, advisements, warnings, verbal persuasion, tactical repositioning, and summoning additional resources.

What are Emergent Circumstances in relation to UoF?

Those circumstances which would cause a reasonable person or Department member to believe that a particular action is necessary to prevent imminent physical harm to an individual or the escape of a subject who poses an imminent risk of harm to others.

What does Feasible mean in relation to UoF?

Considering the Department member's individual capabilities, training, and experience,

reasonably capable of being done or carried out under the circumstances to successfully achieve the

arrest or lawful objective without increasing risk to the Department member or another person.

What does Imminent Threat mean in relation to UoF?

A threat of death or serious bodily injury is imminent when, based on the totality of the circumstances, a reasonable peace officer in the same situation would believe that a person has the present ability, opportunity, and apparent intent to immediately cause death or serious bodily injury to a Department member or another person. There must be objective facts indicating that the threat needed to be instantly confronted and addressed.

What is Medical Assistance Force?

When a Department member restrains a subject under the immediate direction and supervision of a doctor, nurse, or other medical staff whom the Department member believes is qualified to administer medical care. All medical assistance force must be objectively reasonable, proportional, and reasonably appear necessary at the time.

Passive Resistance:

The subject is uncooperative and may be argumentative but is not a threat to the Department member or others. The following are some examples of uncooperative behavior: The subject is not responding to verbal commands and may refuse to move by standing still, sitting down, lying down, going limp, grabbing onto a fixed object, or linking arms with others during a protest or demonstration.

Proportional

To be proportional, the level of force must reflect the totality of circumstances surrounding the situation at hand. Given the totality of the circumstances, there is a balance between the threat posed, the seriousness of the suspected offense, and the amount of force used. Proportional force does not require Department members to use the same type or amount of force as the subject. The more immediate the threat and the more likely that the threat will result in death or serious physical injury, the greater the level of force that may be proportional, objectively reasonable, and reasonably appear necessary to counter it.

Rescue Force:

Any instance when it is necessary for a Department member to use force to prevent harm from occurring to medical staff, professional staff, or any person not a member of the Department. All rescue force must be objectively reasonable, proportional, and reasonably appear necessary at the time.

Totality of the Circumstances

All facts known to the Department Member at the time, including the conduct of the member and the subject leading up to the use of force. Elements to be considered are listed in "Factors in Determining the Reasonableness of Force," MPP 3-10/020.00.

Unreasonable Force

Force which is unnecessary or excessive given the totality of the circumstances presented to the Department members using force, judged from the perspective of a reasonable peace officer on the scene.

Force Reduction Principles

Department members shall use only that level of force that is proportional, objectively reasonable, and which reasonably appears necessary for the situation. While a greater level of force may be initially required to gain control of a combative/resistive subject, the level of force must be reduced when the Department member has achieved control, and it is reasonably safe and feasible to do so.

Use of Force Policy

Department members are authorized to use only that amount of force that is consistent with Department policy, and which is proportional, objectively reasonable, and reasonably appears necessary at the time to perform their duties. "Objectively reasonable" means that Department members shall evaluate each situation requiring the use of force in light of the known circumstances from the perspective of a reasonable peace officer on the scene, including, but not limited to: the severity of the crime at issue, whether the subject poses an immediate threat to the safety of the Department member or others, and whether the subject is actively resisting, in determining the necessity for force and the appropriate level of force.

Unreasonable Force and Duty to Report and Intercede

Any Department member witnessing unreasonable force that is clearly beyond that which reasonably appears necessary (as determined by an objectively reasonable deputy under the circumstances) shall intercede to prevent or stop the unreasonable force when safely able to do so.

Physically stopping the unreasonable use of force;

Confronting the offending Department member while the unreasonable force is happening;

Efforts to de-escalate the unreasonable use of force;

Using communication techniques to calm and promote rational decision-making by other Department members and the subject;

Using a radio to summon an immediate response from a supervisor; and/or if reasonably safe and feasible and practical, taking a position to capture footage of the incident on a body worn camera.

Retaliatory Force

Department members are prohibited from using force that is retaliatory in nature or for purposes of punishment, particularly against subjects who flee, resist arrest, assault Department members, or those who only express criticism of or disrespect for Department members.

Pointed Firearm at Person (Reportable) Incident

When a Department member intentionally points a firearm (pistol, rifle, or shotgun) at a person. Drawing from the holster, a slung rifle or shotgun, or displaying a firearm while pointing it in a low ready or other safe position if not pointed at a person's body does not constitute a reportable PFP incident.

Non-Categorized Force Incident

An NCI is when there is no injury or complaint of pain from the subject and no allegation of unreasonable force.

• Resisted Hobble

• Resisted searching/handcuffing and/or

• Resisted firm grip, control holds, come-alongs, or control techniques

Category 1 Force

No injuries from:

• Takedowns

• OC Spray, Freeze +P, Pepperball

• Pointing firearm at a person when there has been an allegation that pointing the firearm violated policy.

Category 2 Force

• All face, head, neck strikes or punches with hands/fists

• Any identifiable injury

• Complaint of pain that a medical eval later determines it was due to the force and/or

• Any application of force other than those in Cat 1, but doesn’t rise to Cat 3

Category 3 Force

• All intentional shootings by a Department member

• Any hit shooting

• Force resulting in hospital admission

• Force resulting in serious bodily injury

• Any death following a use of force

• All face, head, neck strikes with impact weapon or other object

• Kicks or knee strikes to a person’s face, head, or neck

• Striking a person’s face/head/neck against or with a hard object

• Skeletal fractures caused by any Department member

• Any use of improvised weapons or techniques if the use meets any other Cat 3 category

• All K9 bites

• Force that results in IAB Force/Shooting Response Team.

Use of Deadly Force and Firearms

Department members are justified in using deadly force upon another person only when they reasonably believe, based on the totality of the circumstances, that such force is necessary for either of two reasons:

• Defend against an imminent threat of death or serious bodily injury to the Department member or another person

• To apprehend a fleeing felon that threatened/resulted in death or seriously bodily injury if they reasonably believe that the person will cause death or serious bodily injury to another unless

  immediately apprehended.

What is Prohibited Force?

The following force options are prohibited unless deadly force is justified:

• All face, head, or neck strikes with an impact weapon;

• Striking a person's face, head, or neck against or with a hard object;

• Kicks or knee strikes to a person's face, head, or neck.

Warning Shots

Warning shots should not be fired except under the most compelling circumstances. Warning shots may be fired to stop a person only when the Department member is authorized to use deadly force and if the Department member reasonably believes a warning shot can be fired safely considering all the circumstances of the encounter.

Use of Firearms Against Vehicles and/or Occupants of Vehicles

Firearms should not be discharged at a stationary or moving vehicle, the occupants of a vehicle, or the tires of a vehicle unless a person in the vehicle is imminently threatening a Department member or another person present with deadly force by means other than the moving vehicle. The moving vehicle itself shall not presumptively constitute a threat that justifies the use of deadly force.

What are the tactical principles that should be considered with using a firearm against a vehicle?

• Cover and/or tactical relocation;

• Safe distance;

• Incident command and tactical leadership;

• Coordinated personnel placement;

• Tactical approach;

• Regard for viable target acquisition;

• Due regard for background, including the location, other traffic, and innocent persons;

• Due regard for crossfire; and

• Controlled fire and management of ammunition.

Duty to Obtain and/or Render Medical Assistance

When reasonable and safe to do so, Department members shall promptly summon or obtain medical assistance for any person injured or who claims to be injured resulting from a use of force. Properly trained Department members shall promptly provide medical assistance to the injured in these circumstances.

What shall be ascertained and documented when applying the TARP

• How long the subject was restrained with the TARP

• The emergency medical services agency that responded to the scene of the TARPing;

• How the subject was transported and in what body position(s) they were placed during the transport;

• The length of time of the transport phase;

• The observations of the subject’s psychological/physical condition while TARPed and during the transport phase; and

• Any alleged recent drug usage by the subject or indications by them that they suffer from cardiac or respiratory diseases (e.g., asthma, bronchitis, emphysema, etc.).

What shall be done when reporting Pointing Firearm at Person (PFP)

• Verbally notify their supervisor as soon and as safely as possible

• Completed PFP report before going off duty

Allegation of Misconduct

• Department member to whom the allegation was reported shall notify a supervisor (with a minimum rank of sergeant) as soon as practical.

• That supervisor shall ensure that an inquiry is conducted into the allegation. If the supervisor who is notified is alleged to have been involved in, or a witness to, the alleged incident, that supervisor shall not conduct the inquiry.

• Supervisor conducting the inquiry shall immediately notify the watch commander and initiate an SCR

Who reviews an Allegation of Force?

The WC to the SCR shall review the use of force inquiry to determine if all allegations have been identified and if the supervisor conducting the use of force inquiry adequately investigated each of those allegations. W/C will conduct additional investigation if necessary.

Video Review and Advisement

Department members may review recordings prior to documenting an enforcement or investigative activity to ensure their reports, statements, and documentation are as accurate and complete as possible

What applies to Cat 3 Use of Force when it comes to video review?

• Department members involved in or witnessing known Category 3 use of force incidents, including deputy-involved shootings, shall not view any recordings until authorized by the handling Internal Affairs Bureau (IAB) lieutenant or, in cases where IAB does not handle the matter, the handling Homicide Bureau lieutenant or watch commander;

• Once authorized, the Department member shall have a right to review recording, as deemed appropriate by the assigned lieutenant, prior to being interviewed;

• A Department member may have an employee representative present during the review of recordings without any investigator or supervisor present; and

• The separation and monitoring of Department members involved in a shooting shall be maintained during the review of recordings and such review shall not occur jointly among involved members.

What are the six “C”s as it relates to Tactical Incidents?

• Command

• Contain

• Control

• Communicate

• Coordinate

• Contingency

What are examples of Tactical Incidents?

Tactical incidents include, but are not limited to: responses to crimes in progress, building searches and/or area containment, barricaded suspects, hostage situations, active shooters, foot or vehicle pursuits, pedestrian or traffic stops, missing persons, and any other law enforcement situation where sound principles and tactics should be employed.

Tactical Incidents - Command

The exercise of complete authority to direct the actions of others during a tactical incident.

Tactical Incidents - Communication

Accomplished by radio, telephone, direct voice, hand and arm signals, or any other means in which the recipient(s) receives and understands the message and intent.

Tactical Incidents - Contain

A coordinated response for the purpose of isolating and apprehending a person(s) attempting to avoid arrest, detention, detection, or to locate critically missing person(s).

Tactical Incidents - Contingency

A backup plan or the coordinated process of considering a future, unplanned event.

Tactical Incidents - Control

When a supervisor or Department member is able to communicate with and coordinate or direct the actions of other Department members.

Tactical Incidents - Coordination

When command Department members are able to organize and direct the actions of all Department members at the scene of a tactical operation to reduce friction, eliminate conflict(s), and integrate efforts to achieve a successful resolution to a specific mission.

Hobbling Definition

A person is considered hobbled when they are handcuffed, their ankles are held together with a “Ripp Hobble” restraint device, and the clip end of that device is not connected to the handcuffs. The Ripp Hobble is the only Department-approved hobble restraint device.

Hobbling Procedures

• Hobbled person may be transported via radio car.

• They shall be seated upright in the rear seat of the radio car and secured by a seat belt.

• The long lead of the Ripp Hobble will be placed outside of the rear door.

• The rear door shall be closed and the long lead will then be placed in the adjacent front door of the radio car, leaving the lead’s clip end on the front floorboard

True or False: Hobbling an unresisting person is reportable force?

False - Hobbling of an unresisting person, absent any other factors which constitute reportable force, shall not constitute reportable force.

Define Total Appendage Restraint Procedure (TARP)

TARP consists of simultaneously securing all of a person’s limbs (arms and legs). The individual’s arms (wrists) are immobilized with handcuffs, and their legs are immobilized with the Ripp Hobble restraint device. The clip end of the hobble restraint is then connected to the chain on the handcuffs.

Who can apply a TARP?

Only those personnel who have received Department-authorized training in the use of the TARP may employ it on a person.

Does a supervisor need to respond to a TARP?

Yes. When possible, a field supervisor shall respond to the scene, prior to the TARP being applied. Otherwise, the field supervisor shall immediately be summoned to the scene whenever a person has been TARPed.

How long shall a person remain TARPed?

A person who has been TARPed shall remain TARPed until it appears their behavior no longer poses a serious or significant threat to their own safety, the safety of others, or the potential of damage to property.

Does a TARPed person need to be monitored?

Yes - Except in exigent circumstances, a deputy shall be assigned and remain in close audible and visual observation and continuously monitor the respiratory status and level of consciousness of all persons restrained with the TARP.

What position should a TARPed person be in?

Every effort shall be made to ensure that a TARPed person either remains on their side (the left side is preferable) or is seated upright.

Who can medically clear a TARPed person for booking?

Medical clearance may be obtained from the emergency medical services personnel on scene, unless they recommend the TARPed person be evaluated at a medical facility. The TARPed person shall be transported to a medical facility for a booking clearance.

Use of Firearms on Animals

If it becomes necessary to destroy an injured animal (euthanasia) by use of a firearm and the conditions are such that there is an extended or inappropriate response time by the animal control agency, authorization to use a firearm on an animal must be obtained from an on-scene supervisor.

Department members may use firearms to employ deadly force when dealing with animals when they reasonably believe, based on the totality of the circumstances, that such force is necessary against an imminent threat of death or serious bodily injury to themselves or another person.

(Not against animals fighting other animals)

Deputy-Involved Shootings

• Take care of injured, to apprehend suspects, and protect the scene;

• Assisting personnel should attempted to ID witnesses;

• Refrain from Discussing the incident until a supervisor arrives;

• Involved personnel should briefly inform the supervisor of the circumstances surrounding the incident and actions that were taken.

What happens with the involved deputy after a deputy-involved shooting?

• Involved deputies shall then be immediately transported by a supervisor, if not possible, by a uninvolved deputy

• Involved personnel shall refrain from discussing the incident with anyone else until after being interviewed by Homicide investigators, or in shootings where no one has been wounded or killed, until each has written a detailed report articulating the circumstances leading to the encounter, the hazards/threats faced by deputies or others, and the reasons that the decision to use deadly force was made.

What notifications need to be made by the W/C or supervising lieutenant after a Deputy-Involved Shotting

• Homicide

• IAB

• Immediate verbal notification to unit commander

Who should respond to a Deputy-involved shooting?

• Watch commander shall respond to the location

• The employee’s unit commander shall respond to the location (if within LA County) when the employee, on or off duty, intentionally discharges a firearm at a person, whether or not anyone is hit, as well as to any type of shooting by the employee which results in a person being hit.

• Station unit commander shall also respond to every hit and non-hit deputy-involved shooting (on or off duty) within their station jurisdiction

  regardless of the involved employee’s unit of assignment.

What are the Deputy’s responsibilities after a Deputy-Involved Shooting?

Write a 49 providing details briefly describing the initial contact between Department personnel and the suspect. The report shall conclude by stating that a shooting occurred. No further details about the shooting or why it occurred shall be written. With the exception of those firing weapons or witnessing the shooting, supplemental reports shall be written by all personnel involved with the shooting incident/scene to document their observations and actions.

Canvas immediate area - Submit supps and canvas cards

Supplemental reports of civilian witness statements shall not be written by field deputies unless exigent circumstances exist.

Watch Commander Responsibilities - Deputy Involved Shooting

• avoid discussing the facts of the incident with personnel involved in the shooting.

• All mandated notifications which the watch commander makes shall be verbal. A Chief’s Memo regarding the incident willnot be written. No written notifications of the event shall be forwarded to the media, local dignitaries, or personnel of any rank.

• These notification procedures shall also apply to deputy involved non-hit shootings as well.

Unit Commander Responsibilities - Deputy Involved Shooting

It shall be the responsibility of each unit commander to ensure that a sufficient supply of “Deputy Involved Shooting Information and Resources” pamphlets are maintained and available for distribution in the aftermath of a shooting incident or upon request.

Department Psychologist Response to Critical Incidents

• In all use of firearms/deadly force incidents;

• Conduct meeting no later than 5 days following the incident

Non-Hit Deputy-Invovled Shootings

The IAB Force/Shooting Response Team shall conduct an administrative review of all situations in which deputy personnel fire at another person and miss.

In situations involving accidental discharges or the shooting of animals, involved personnel and supervisors shall proceed according to the direction of the on-call IAB lieutenant upon notification.

Vehicle Speeds - Code 3 operations

In non-pursuit code 3 operations, vehicle speed should not exceed that which is reasonable and prudent and within the restrictions imposed by section 22350 California Vehicle Code, "Basic Speed Law." This will often be less than the posted speed limit. Red light and siren must be used to warn other motorists and assist in gaining the right-of-way.

Code 3 - Entering and Clearing Intersections

• deputy shall slow and, if necessary, stop at all intersections when faced with a red traffic signal light or stop sign.

• deputy shall drive slowly, paying particular attention not only to yielding vehicles in the intersection, but to approaching vehicles as well.

• Deputy personnel shall clear the intersection "lane-by-lane" and, if necessary, stop at each lane before proceeding

Blocking Intersections

• Blocking actions must be the direct result of a coordinated effort between the blocking radio cars and the units responding code 3.

• Only distinctively marked radio cars or motorcycles equipped with emergency lights and siren may be used to block an intersection.

Caravanning

Defined as multiple radio cars responding as a group from one designated location to another. These radio cars operate in concert with one another, often employing vehicle movement and blocking tactics as a group. Designated field units actively engaged in a pursuit, which is effectively a following tactic, shall not be considered caravanning.

What is a Code 9/Pre-Stop Coordination

Pre-stop coordination is not a pursuit activity and should not be confused with “following only” as referenced in the policy. Pre-stop coordination begins prior to attempting a vehicle stop and ends with the activation of lights and siren. Personnel shall advise they are a code 9 on a vehicle and, once given the duplex patch, give the reason for the stop, exact location, current direction of travel, and vehicle description.

What happens when a Code 9 is initiated?

• SCC automatically activates the patch - obtains the estimated response time of assiting units, coordinate 2 closest units; request aero

• SCC and have units respond code 3 to the code 9, depending on:

  • safety of responding deputies

  • possibility of an armed confrontation;

  • response times of the 2 nearest units;

  • Traffic

What is the definition of a Pursuit?

A pursuit is an active attempt by the driver of a departmental vehicle to stop a moving vehicle whose driver is attempting to avoid apprehension through evasive driving tactics or, after a reasonably short period of time, fails to stop after red light and siren have been activated.

Following a vehicle whose driver is attempting to evade, or has failed to yield, after a reasonably short period of time, whether accomplished with or without red lights activated and siren sounding, and regardless of the terminology used to describe these acts, is also a pursuit.

When can a pursuit be initiated?

• Known or suspected serious felony suspect(s)

• A confirmed grand theft, vehicle; or

• Misdemeanor suspects only in the following situations:

  • suspect(s) has been observed by a deputy or reliable witness(s) to be displaying a firearm in an assaultive manner reasonably contemporaneous to the initiation of the pursuit;

  • there is reasonable suspicion to believe the suspect is driving under the influence of alcohol or drugs, or is otherwise impaired, and the suspect's driving prior to the attempted stop is so flagrantly reckless that it presents a clear and present danger to other users of the highway, and failure to apprehend the violator would likely pose an imminent and life-threatening danger to the public.

When shall a pursuit not be initiated or continued?

• Once it has been determined that the driver of a vehicle is refusing or failing to yield and the only known reason for the intended stop is:

• An infraction or misdemeanor crime (CVC) violations), except as provided above;

• Any crime not classified as a serious felony, as described in this section; or

• A possible grand theft, vehicle.