Policy Text
Policy IV6
Issued: 06/23
1
USE OF FORCE
AUTHORITY
California Code Section(s):
Penal Code Sections 196, 830.5 , 832, 835a , 836, and 22820
Government Code Sections 7286(b)(13) , 12525.2
Related Probation Officer Procedures:
E3
F1
F3 Arrest of Juveniles and Adults
Officer Safety and Tactics Program Personnel
Conducted Electrical Weapon (CEW)
Related Probation Department Policies:
IV15 Citizen Complaints
IV23 Officer -Involved Critical Incident Protocol
IV33 Safety, Uncooperative Clientele, and Threats
Related Federal Case Law:
Graham v. Connor, 490 U.S. 386 (1989)
INTRODUCTION
Per 835a PC , “any peace officer who has reasonable cause to believe that the person to be arrested
has committed a public offense may use reasonable force to effect the arrest, to prevent escape or
to overcome resistance.” Officers shall c arry out duties, including the use of force, in a fair and
unbiased manner. A probation officer shall use only the amount of force that appears reasonably
necessary to overcome the subject’s resistance based on the totality of the circumstances known
to the probation officer at the moment the force was applied. As such, the probation officer’s use
of force must be proportionate given the totality of circumstances. It is not proportionate if a less
injurious alternative existed and could be safely executed . Therefore, probation officers may only
use a continuum of force options they reasonably believe is proportional to the seriousness of the
suspected offense or the reasonably perceived level of actual or threatened resistance. After using
force and when a pplicable, the probation officer shall secure and take physical control of a subject
by applying handcuffs. It is not considered a use of force when the subject is searched, escorted,
or handcuffed , but it is considered a seizure of that person .
This procedure will be reviewed and updated no less than biennially to reflect current practices.
DEFINITIONS
Use of Force - Use of force is defined as an immediate means of overcoming resistance and
controlling the threat of imminent harm to self or othe rs.
Reasonable and Necessary Force - Reasonable and necessary force refers to the amount of force
that an objective, similarly trained, experienced, and competent officer, faced with similar facts
and circumstances, would consider necessary and reasonable to overcome resistance or stop a
threat of harm to themselves or others or to affect a lawful arrest of a person .
Imminent Threat - An imminent threat is considered to exist if a subject has demonstrated actions
that would lead an officer to rea sonably believe that, based on the totality of circumstances, the
subject will continue to pose a threat if not apprehended immediately. A person is an imminent
Policy : IV6
2
threat if the officer reasonably believes that the person has the present intent, means, opport unity,
and ability to complete the threat regardless of whether the threatened action has been initiated.
Section 835a (e)(2) states: “An imminent harm is not merely a fear of future harm, no matter how
great the fear and matter how great the likelihood of the harm, but is one that, from appearances,
must be instantly confronted and addressed.”
De-escalation - De-escalation refers to taking action or communicating verbally or nonverbally
during a potential force encounter in an attempt to stabilize the situ ation and reduce the immediacy
of the threat so that more time, options, and resources can be called upon to resolve the situation
without the use of force or with a reduction of the force necessary. De -escalation techniques
include using distance, time, v erbal tactics, or other tactics to de -escalate a situation.
Justified Homicide is defined in Section 196 PC as follows: In obedience to any judgment of a
competent court (executing a death sentence) or when an action of a peace officer’s use of force
complies with Section 835a PC .
Crisis Intervention Techniques (CIT) - Crisis intervention techniques refer to a collaborative
approach to safely and effectively address the needs of people with mental illnesses, link t hem to
appropriate services, and divert them from the criminal justice system if appropriate. CIT
techniques include using distance, time, verbal tactics, and other tactics to de -escalate a situation.
SAFETY CONSIDERATIONS
Suppose the probation officer encounters a situation that may lead to confrontation, or the use of
force will significantly increase the risk of harm. In that case, the probation officer may disengage
to avoid confrontation when reasonably able to do so.
Probation officers shall emplo y de-escalation and crisis intervention techniques when feasible and
when doing so does not increase the risk of harm to themselves or another person. Probation
officers should approach a situation with the intent to de -escalate if the situation in questi on allows
the officer to do so and consider the value of establishing time and distance in a confrontation
where a use of force may be inherent, if possible. At times, an officer may need to quickly and
decisively act or intervene with force to prevent a s ituation from escalating. When making use of
force decisions, probation officers should be mindful that subjects may be physically or mentally
incapable of responding to peace officer commands due to a variety of circumstances including,
but not limited to , the physical environment, alcohol or drugs, mental impairment, medical
conditions, or language and cultural barriers. In addition to de -escalation techniques