Use_of_Force

Policy 300CSU Police Department Policy Manual Copyright Lexipol, LLC 2025/05/05, All Rights Reserved. Published with permission by CSU Police DepartmentUse of Force - 1Use of Force 300.1 PURPOSE AND SCOPE This policy provides guidelines on the reasonable use of force. While there is no way to specify the exact amount or type of reasonable force to be applied in any situation, every member of this department is expected to use these guidelines to make such decisions in a professional, impartial, and reasonable manner (Government Code § 7286). In addition to those methods, techniques, and tools set forth below, the guidelines for the reasonable application of force contained in this policy shall apply to all policies addressing the potential use of force, including but not limited to the Control Devices and Techniques and Conducted Energy Device policies. Retaliation prohibitions for reporting suspected violations are addressed in the Anti-Retaliation Policy. 300.1.1 DEFINITIONS Definitions related to this policy include: Active Resistance – Intentionally and unlawfully opposing the lawful order of a peace officer in a physical manner. Physically evasive movements to defeat an officer's attempt at control, including but not limited to bracing, tensing, running away, or verbally or physically signaling an intention to avoid or prevent being taken into or retained in custody. Deadly force - 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 § 835a). Excessive Force – A level of force found to have violated the requirements of Penal Code 835a, or any other applicable law or statute. Feasible - Reasonably capable of being done or carried out under the circumstances to successfully achieve the arrest or lawful objective without increasing risk to the officer or another person (Government Code § 7286(a)). Force - The application of physical techniques or tactics, chemical agents, or weapons to another person. It is not a use of force when a person allows themselves to be searched, escorted, handcuffed, or restrained. Intercede – Incudes, but is not limited to, physical and/or verbal intervention to stop the excessive use of force when safe and reasonable to do so, recoding the excessive force if equipped with a body-worn camera, notifying dispatch, notifying a supervisor and documenting all efforts to intervene. Non-Compliant – The subject refuses to comply with officer's lawful commands or cooperate with an officer's directions. This includes passive resistance where a subject uses body weight to prevent being taken into custody (e.g. includes subjects who remain in a sitting, standing, limp CSU Police Department Policy Manual Use of Force Copyright Lexipol, LLC 2025/05/05, All Rights Reserved. Published with permission by CSU Police DepartmentUse of Force - 2or prone positions without holding on to fixed objects or other persons in an attempt to delay or resist arrest). Serious bodily injury - "Serious bodily injury" means a bodily injury that involves a substantial risk of death, unconsciousness (prolonged), protracted and obvious disfigurement, or protracted loss or impairment of the function of a bodily member or organ (Government Code § 12525.2(d)(4). Totality of the circumstances - All facts known to the officer at the time, including the conduct of the officer and the subject leading up to the use of force (Penal Code § 835a). 300.2 POLICY The use of force by law enforcement personnel is a matter of critical concern, both to the public and to the law enforcement community. Officers are involved on a daily basis in numerous and varied interactions and, when warranted, may use reasonable force in carrying out their duties. Officers must have an understanding of, and true appreciation for, their authority and limitations. This is especially true with respect to overcoming resistance while engaged in the performance of law enforcement duties. The Department recognizes and respects the value of all human life and dignity without prejudice to anyone. Vesting officers with the authority to use reasonable force and to protect the public welfare requires monitoring, evaluation and a careful balancing of all interests. 300.2.1 FAIR AND UNBIASED USE OF FORCE Officers are expected to carry out their duties, including the use of force, in a manner that is fair and unbiased (Government Code § 7286(b)). See the Bias-Based Policing Policy for additional guidance. 300.2.2 DUTY TO INTERCEDE Any officer present and observing another law enforcement officer or an employee using force that is clearly beyond that which is necessary, as determined by an objectively reasonable officer under the circumstances, shall, when in a position to do so, intercede (as defined by Government Code § 7286) to prevent the use of unreasonable force. When observing force used by a law enforcement officer, each officer should take into account the totality of the circumstances and the possibility that other law enforcement officers may have additional information regarding the threat posed by the subject (Government Code § 7286(b)). 300.2.3 FAILURE TO INTERCEDE An officer who has received the required training on the duty to intercede and then fails to act to intercede when required by law, may be disciplined in the same manner as the officer who used force beyond that which is necessary (Government Code § 7286(b)). CSU Police Department Policy Manual Use of Force Copyright Lexipol, LLC 2025/05/05, All Rights Reserved. Published with