Policy Text
Policy
310Irvine Police Department
Policies
Copyright Lexipol, LLC 2020/12/31, All Rights Reserved.
Published with permission by Irvine Police DepartmentUse of Force - 1Use of Force
310.1 PURPOSE AND SCOPE
This policy provides guidelines on the reasonable use of force. While there is no precise way to
calculate 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.
310.1.1 DEFINITIONS
Definitions related to this policy include:
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).
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 in order to
overcome resistance by another person. It is not a use of force when a person allows him/herself
to be searched, escorted, handcuffed, or restrained.
Serious bodily injury - 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 § 243(f)(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 deadly force (Penal Code § 835a).
310.2 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.
Irvine Police Department
Policies
Use of Force
Copyright Lexipol, LLC 2020/12/31, All Rights Reserved.
Published with permission by Irvine Police DepartmentUse of Force - 2310.2.1 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 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)).
310.2.2 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.
310.2.3 DUTY TO REPORT EXCESSIVE FORCE
Any officer who observes a law enforcement officer or an employee use force that potentially
exceeds what the officer reasonably believes to be necessary shall promptly report these
observations to a supervisor as soon as feasible (Government Code § 7286(b)).
310.3 USE OF FORCE
Officers shall use only that amount of force that reasonably appears necessary given the facts
and totality of the circumstances known to or perceived by the officer at the time of the event to
accomplish a legitimate law enforcement purpose (Penal Code § 835a).
The reasonableness of force will be judged from the perspective of a reasonable officer on the
scene at the time of the incident. Any evaluation of reasonableness must allow for the fact that
officers are often forced to make split-second decisions about the amount of force that reasonably
appears necessary in a particular situation, with limited information and in circumstances that are
tense, uncertain, and rapidly evolving.
Given that no policy can realistically predict every possible situation an officer might encounter,
officers are entrusted to use well-reasoned discretion in determining the appropriate use of force in
each incident. Officers may only use a level of force that they reasonably believe is proportional to
the seriousness of the suspected offense or the reasonably perceived level of actual or threatened
resistance (Government Code § 7286(b)).
It is also recognized that circumstances may arise in which officers reasonably believe that it would
be impractical or ineffective to use any of the approved tools, weapons, or methods provided
by the Department. Officers may find it more effective or reasonable to improvise their response
to rapidly unfolding conditions that they are confronting. In such circumstances, the use of any
improvised device or