Policy Text
Policy IV6
Issued: 06/23
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 Arrest of Juveniles and Adults
F1 Officer Safety and Tactics Program Personnel
F3 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 carry 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 applicable, 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 others.
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 reasonably 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
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