Policy Text
Policy
300Fremont Police Department
De-escalation / Use of Force
300.1 PURPOSE AND SCOPE
The Fremont Police Department recognizes the sanctity of human life, the value of peaceful
resolution, and that the preservation of human life is paramount. This policy provides guidelines on
the use of de-escalation strategies and techniques and the use of reasonable 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, reasonable, fair, and unbiased manner (Government Code § 7286).
One of the purposes of this policy is to set forth a procedure for documenting and tracking uses
of force in preparation for potential and ongoing litigation.
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.
300.1.1 DEFINITIONS
Definitions related to this policy and other department policies pertaining to force include:
Active resistance - The subject takes action to prevent being taken into custody or controlled with
the goal of escape, and not injury to the officer. The action may include twisting, pulling, holding
onto fixed objects, or running away.
Assaultive actions - The subject takes action that indicates intent to injure an officer or other
person. This level of aggression may manifest itself through punching, kicking, or pushing and
may include extreme physical force up to and including the discharge of a firearm or use of blunt
or bladed weapon, or improvised weapon.
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).
De-escalation - The process of using strategies and techniques intended to decrease the intensity
of the situation.
Disengagement - A tactic designed to avoid or minimize potentially violent, or otherwise unsafe
outcomes for both the individual being contacted and/or the officer. Disengagement may be a
viable option for individuals who pose no additional threats to others, there is no crime, or for
offenders who may later be apprehended under safer conditions.
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)).
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Published with permission by Fremont Police DepartmentDe-escalation / Use of Force - 1
Fremont Police Department
De-escalation / Use of Force
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 him/herself to be searched, escorted,
handcuffed, or restrained.
Imminent threat - Based on the totality of the circumstance, a reasonable officer in the same
situation would believe that a person has the present ability, opportunity, and apparent intent to
immediately cause death or serious bodily injury to the officer or another person. An officer’s
subjective fear of future harm alone is insufficient as an imminent threat. Imminent threat is one
that from appearances is reasonably believed to require instant attention (Penal Code 835a).
Necessary - No reasonably effective alternative to the use of force appeared at the time and that
the amount of force used was reasonable based on the Department’s policy and training to effect
the lawful purpose intended.
Passive resistance - The subject does not cooperate with an officer’s commands but does not
take action to prevent being taken into custody or controlled (i.e. A protestor who lies down in
front of a business).
Pre-event Conduct - The actions of police personnel, to include the process of gathering and
assessing all of the information and resources available to officers prior to an event.
Reasonable - Refer to Use of Force section below for full discussion related to definition of
reasonable.
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)).
Stage - A police strategic tactic intended to form a team, gather resources and assist with planning
prior to arriving on the scene and contacting the involved persons.The location of the staging
area is dependent upon the factors know to officers at the time and should be conducted at an
appropriate distance away from the incident.
Tactical repositioning - A tactic considered when circumstances reasonably appear to be
conducive and advantageous to physically move or change and officer’s location. The intent is to
seize opportunities to gain additional time, distance and cover in a manner that supports safety
for members of the community, officers and the suspect. When appropriate, the objective is to
consider tactical repositioning as an option in support of de-escalation techniques and to increase
an officer’s reaction time and tactical options. Tactical repositioning is not considered a “retreat”
as outlined in PC835a(d) and should be included as another option for officers to consider when
attempting an arrest.
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 §