Policy Text
Milpitas Police Department
Milpitas PD CA Policy Manual
Copyright Lexipol, LLC 2020/11/24, All Rights Reserved.
Published with permission by Milpitas Police DepartmentGeneral Operations - 44Chapter 3 - General Operations
Policy
300Milpitas Police Department
Milpitas PD CA Policy Manual
Copyright Lexipol, LLC 2020/11/24, All Rights Reserved.
Published with permission by Milpitas Police DepartmentUse of Force - 45Use 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 thisdepartment is expected to use these guidelines to make such decisions in a professional, impartialand reasonable manner.
300.1.1 DEFINITIONS
Definitions related to this policy include:
De-escalation - The process of using strategies and techniques intended to decrease the intensity
of the situation.
Less lethal force - Force that is not reasonably anticipated and intended to create a substantial
likelihood of causing death or serious injury.
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).
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.
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 anotherperson (Government Code § 7286(a)).
Serious bodily injury - A bodily injury that involves a substantial risk of death, unconsciousness,
protracted and obvious disfigurement, or protracted loss or impairment of the function of any bodilymember or organ (Government Code § 12525.2 (d)).
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).
300.2 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 andvaried 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 performanceof 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 publicwelfare requires monitoring, evaluation and a careful balancing of all interests.
Milpitas Police Department
Milpitas PD CA Policy Manual
Use of Force
Copyright Lexipol, LLC 2020/11/24, All Rights Reserved.
Published with permission by Milpitas Police DepartmentUse of Force - 46300.2.1 FORCE DE-ESCALATION
De-escalation tactics and techniques are those actions undertaken by members to avoid
physical confrontations, unless immediately necessary to protect someone or to stop dangerousbehavior,while minimizing the need to use force during an incident when the totality of thecircumstances and time permit. De-Escalation tactics and techniques are employed to increasethe likelihood of voluntary compliance and cooperation.
It is the policy of the this Department that when all of the reasonably known circumstances indicate
it is safe, prudent, and feasible to do so, a member(s) shall attempt to slow down, reduce theintensity, or stabilize the situation so that more time, options and/or resources may becomeavailable for incident resolution.
When time and circumstances reasonably permit, a member(s) shall consider whether a subject’s
lack of compliance is a deliberate attempt to resist or is the result of an inability to comply basedon factors including, but not limited to:
• Medical conditions
• Mental impairment
• Developmental disability
• Physical limitation
• Language barrier
• Drug interaction
• Behavioral crisis
A member's awareness of these possibilities, when time and circumstances reasonably permit,
shall then be balanced against the facts of the incident and which tactical options are the mostappropriate to bring the situation to a safe resolution. A member is not expected to engage in forcede-escalation measures that could jeopardize the safety of the community or of any employee.
Where circumstances and time reasonably permit, a member shall take those reasonable and
prudent actions which operate to mitigate the immediacy of the threat thereby giving the membertime to call additional officers, utilize other tactics, or request specialty assistance such as CrisisNegotiators. The number of members on scene may increase the available force options, acircumstance which has the potential to increase the ability of the member(s) to reduce the overallforce used by promoting consideration of other viable alternatives such as:
• Decreasing the exposure to the potential threat by using distance or physical barriers
between an uncooperative subject and a member.
• Containing the threat.
• Maximizing the use of cover or concealment to reduce member(s) exposure topotential threats by placing the member(s) in a safer position.
• Communicating from a safe position to gain the subject’s compliance through the useof verbal persuasion, advisements, and/or warnings.
Milpitas Police Department
Milpitas PD CA Policy Manual
Use of Force
Copyright Lexipol, LLC 2020/11/24, All Rights Reserved.
Published with permission by Milp