9-06.01 The Use of Force

I. PURPOSE AND SCOPE

  • This policy outlines guidelines for the reasonable use of force by law enforcement personnel.

  • Force application varies by situation; deputies must use discretion in professional, impartial ways.

II. POLICY

  • The use of force is critical for public trust and law enforcement integrity.

  • Deputies interact with diverse situations, potentially necessitating reasonable force.

  • Understanding authority and limitations is crucial for deputies, especially in overcoming resistance.

  • Human life and dignity are paramount; use of force should balance public welfare and individual rights.

1. Duty to Intercede

  • Deputies must intercede if they observe unreasonable force being applied by another deputy.

  • Observations should be reported to a supervisor promptly.

2. Use of Force

  • Only use force that appears necessary according to perceived facts and circumstances at the time.

  • Special consideration: pregnant incarcerated persons must not be subjected to chemical weapons.

  • Reasonableness is judged from the perspective of a reasonable deputy under pressure.

  • Circumstances may require deputies to improvise if standard tools or methods are impractical.

  • The objective is to minimize injury; however, retreat is not required before applying force.

3. Use of Force to Effect an Arrest

  • Peace officers may use objectively reasonable force to arrest or prevent escape.

  • Officers are not considered aggressors when applying reasonable force in resistance situations.

4. Factors to Determine Reasonableness of Force

  • Consider factors during force evaluation:

    • Immediacy and severity of threats.

    • Conduct and demeanor of the individual confronting.

    • Qualities like age, size, strength of both deputy and subject.

    • Effects of substances (drugs/alcohol) on the individual.

    • Proximity to weapons or improvised devices.

    • Restraining effectiveness and ability to resist despite physical restraint.

    • Available options and their potential efficacy.

    • Nature and seriousness of offenses involved.

    • Deputy training and experience.

    • Perceived risk of injury to all parties involved.

    • Whether individual appears to be resisting or fleeing.

    • Need for immediate control and prior history of that subject.

5. Compliance Techniques

  • Use of compliant techniques is permissible to control resisting individuals.

  • Consideration of:

    • Level of resistance and chances of compliance.

    • Opportunity provided for compliance.

  • Discontinue use when compliance is achieved.

6. Carotid Control Hold

  • Prohibited except when deadly force is justified.

  • Medical evaluation required for anyone subjected to this hold.

  • Reports for carotid control usage must be documented and supervisors notified.

7. Deadly Force Applications

  • Justified when there is a reasonable belief of imminent threat to life.

  • Use of deadly force against a fleeing subject is permitted under specific conditions.

  • Verbal warnings should be provided when feasible prior to using deadly force.

8. Reporting the Use of Force

  • Document any use of force in appropriate reports, articulating reasons for its necessity.

  • Additional reports may be required for training and analysis purposes.

9. Notification to Supervisors

  • Report any force application immediately under several specified circumstances:

    • Visible injuries or complaints of pain.

    • Intent to pursue legal action.

    • Any use of Tasers or restraint devices.

10. Planned Use of Force Events

  • Events requiring force (e.g., cell extractions) must be video recorded.

11. Documentation

  • Reports should reflect incident nature, force used, and all injuries.

  • Use of force and compliance techniques must be detailed, with photographic evidence referenced.

12. Medical Considerations

  • Required for those showing distress or injury from force applied.

  • Continuous monitoring is essential until medical assessment is made.

13. Training

  • Regular training ensures understanding and application of the policy.

DEFINITIONS

  • 835 PC: Legal basis for arrest with reasonable restraint.

  • Force: Physical techniques and weapon usage against individuals.

  • Graham v. Connor: Sets standard for objective reasonableness in force use.

  • Reasonable Force: Defined amount of force permissible in various situations.

PROCEDURE

  • Documentation: Code use and all associated injuries or force applications must be noted in reports.

  • Deputy vs. Incarcerated Person Factors: Consider circumstances before force application.

    • Includes deputy count, physical attributes, and mental states.

Force Options Defined

  • Several levels of force, including non-verbal cues, verbal commands, and physical restraints, are detailed.

  • Less Lethal Weapons: Authorized for incapacitation, strict adherence to training is essential.

Post-Application Procedures

  • Ensure medical treatment is rendered if any force application leads to injury complaints.