22-01_UoF_Intercede_Policy

MOUNTAIN 2022 POLICE VIEW MOUNTAIN VIEW POLICE DEPARTMENT SPECIAL SERVICES SECTION TRAINING AND INFORMATION BULLETIN PAGE 1 OF 2 DATE: BULLETIN NUMBER: SUBJECT: INFORMATION: January 4, 2022 22-01 Use of Force Policy (300) Training - Duty/Failure to Intercede Each law enforcement agency shall, by no later than January 1, 2021, maintain a policy that provides a minimum standard on the use of force (Government Code 7286(b)). This Government Code also requires that all officers receive training on their duty to intercede when present and observing excessive force being used; and the possible consequences for failing to intercede. Please review the sections below. Government Code 7286(b)(9) - A requirement that an officer intercede when present and observing another officer using force that is clearly beyond that which is necessary, as determined by an objectively reasonable officer under the circumstances, taking into account the possibility that other officers may have additional information regarding the threat posed by a subject. Policy 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)). 300.2.4 Duty to Report Excessive Force Any officer who observes a law enforcement officer or an employee use force that potentially exceeds what the officer reasonably believes to be necessary shall immediately report these observations to a supervisor (Government Code § 7286(b)). As used in this subsection, "immediately" means as soon as it is safe and feasible to do so. CONFIDENTIAL FOR LAW ENFORCEMENT USE ONLY MOUNTAIN 2022 POLICE VIEW MOUNTAIN VIEW POLICE DEPARTMENT SPECIAL SERVICES SECTION TRAINING AND INFORMATION BULLETIN PAGE 2 OF 2 300.2.5 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)). Prepared by: Sergeant F. Maldonado CONFIDENTIAL FOR LAW ENFORCEMENT USE ONLY