Policy Text
Policy
300Mountain View Police Department
Mountain View PD Policy Manual
Copyright Lexipol, LLC 2020/06/25, All Rights Reserved.
Published with permission by Mountain View Police
DepartmentUse of Force and De-escalation - 1Use of Force and De-escalation
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.
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.
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.
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 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 DE-ESCALATION
The principles of de-escalation can enhance contacts with the public and may result in improved
decision-making, reduction in situational intensity, and opportunities for outcomes with greater
voluntary compliance.
Officers shall, when feasible, employ de-escalation techniques, such as self-control, effective
communication, scene assessment and management, and reasonable force options to decrease
the likelihood of the need to use force during an incident and to increase the likelihood of voluntary
compliance. Officers shall when feasible, attempt to understand and consider the possible reasons
why a subject may be noncompliant or resisting arrest. Officers may consider an opportunity to
warn about the use of force prior to force being used, when practicable.
Mountain View Police Department
Mountain View PD Policy Manual
Use of Force and De-escalation
Copyright Lexipol, LLC 2020/06/25, All Rights Reserved.
Published with permission by Mountain View Police
DepartmentUse of Force and De-escalation - 2300.2.2 DUTY TO INTERCEDE
Any officer present and observing another officer using force that is clearly beyond that which
is objectively reasonable under the circumstances shall, when in a position to do so, intercede
to prevent the use of unreasonable force. An officer who observes another employee use force
that exceeds the degree of force permitted by law should promptly report these observations to
a supervisor.
300.3 USE OF FORCE
Officers shall use only that amount of force that reasonably appears necessary given the facts
and totality of the circumstances known to or perceived by the officer at the time of the event to
accomplish a legitimate law enforcement purpose (Penal Code § 835a).
The reasonableness of force will be judged from the perspective of a reasonable officer on the
scene at the time of the incident. Any evaluation of reasonableness must allow for the fact that
officers are often forced to make split-second decisions about the amount of force that reasonably
appears necessary in a particular situation, with limited information and in circumstances that are
tense, uncertain, and rapidly evolving.
Given that no policy can realistically predict every possible situation an officer might encounter,
officers are entrusted to use well-reasoned discretion in determining the appropriate use of force
in each incident.
It is also recognized that circumstances may arise in which officers reasonably believe that it
would be impractical or ineffective to use any of the tools, weapons, or methods provided by the
Department. Officers may find it more effective or reasonable to improvise their response to rapidly
unfolding conditions that they are confronting. In such circumstances, the use of any improvised
device or method must nonetheless be objectively reasonable and utilized only to the degree that
reasonably appears necessary to accomplish a legitimate law enforcement purpose.
While the ultimate objective of every law enforcement encounter is to avoid or minimize injury,
nothing in this policy requires an officer to retreat or be exposed to possible physical injury before
applying reasonable force.
300.3.1 USE OF FORCE TO EFFECT AN ARREST
Any peace officer may use objectively reasonable force to effect an arrest, to prevent escape,
or to overcome resistance. A peace officer who makes or attempts to make an arrest need not
retreat or desist from his/her efforts by reason of resistance or threatened resistance on the part
of the person being arrested; nor shall an officer be deemed the aggressor or lose his/her right to
self-defense by the use of reasonable force to effect the arrest, prevent escape, or to overcome
resistance. Retreat does not mean tactical repositioning or other de-escalation techniques (Penal
Code § 835a).
Mountain View Police Department
Mountain View PD Policy Manual
Use of Force and De-escalation
Copyright Lexipol, LLC