Policy Text
Policy
300Garden Grove Police Department
Policy Manual
Copyright Lexipol, LLC 2024/03/25, All Rights Reserved.
Published with permission by Garden Grove 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 Electrical Weapon policies.
Retaliation prohibitions for reporting suspected violations are addressed in the Anti-Retaliation
Policy.
300.1.1 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 to 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 force (Penal Code § 835a).
Threat of death or serious bodily injury - Is "imminent" when, based on the totality of the
circumstances, 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 peace officer or another person.
(a)An imminent harm is not merely a fear of future harm, no matter how great the fear
and no matter how great the likelihood of the harm, but is one that, from appearances,
must be instantly confronted and addressed.
Garden Grove Police Department
Policy Manual
Use of Force
Copyright Lexipol, LLC 2024/03/25, All Rights Reserved.
Published with permission by Garden Grove Police
DepartmentUse of Force - 2300.2 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)).
If an employee becomes aware of any violation of departmental policy, state/provincial or federal
law, or local ordinance, the employee shall intervene and report to a supervisory athority.
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)).
300.2.4 DUTY TO REPORT EXCESSIVE FORCE
Any employee who observes a law enforcement officer or an employee use force that potentially
exceeds what the employee reasonably believes to be necessary shall immediately report these
observations to a supervisor (Government Code § 7286(b)). Any employee shall also notify a
supervisor if they become aware of any violation of departmental policy, state, federal law, or local
ordinance.
As used in this subsection, "immediately" means as soon as it is safe and feasible to do so.
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