Policy Text
OFFICE OF CHIEF OF POLICE
OAKLAND POLICE DEPARTMENT
SPECIAL ORDER 9196
TO: All Sworn Personnel
SUBJECT: Documentation of the Use of Force1
EFFECTIVE DATE: 15 Feb 20
TERMINATION: Upon revision of DGO s K-03, Use of Force and K-04, Reporting and
Investigating the Use of Force
Scope and Purpose
Special Order 9196 immediately changes and supersedes sections of DGOs K -03, Use of Force
and K -04, Reporting and Investigating the Use of Force. The major changes explained herein are
limited in scope, exclusively covering the expansion of reportable conduct and methods for
documenting reporting. SO 9196 furthers the Oakland Police Department’s (the “Department”)
commitment to tra nsparency and accountability .
Major Change Explanation
Pointing of a Firearm
All references to “intention” in reference to an officer pointing a firearm at a subject have been
eliminated. Determining whether or not an officer intentionally or un -intentionally pointed a
firearm at a person was unnecessarily subjective and did not c apture the spirit of the policy:
reporting every time that an officer points a firearm at a person.
Additionally, language about the “low -ready” position was deemed too subject ive and potentially
confusing, and was removed from the policy.
As such, force categorized as Level 4, Type 22 will now be titled “Pointing a Firearm at a
Person .” Pointing means any time that the line of the muzzle intersects with the body of the
subject such that, if the firearm were to discharge, the round would strike that pers on.
Tracking of Drawing, Exhibiting, or Unholstering a Firearm
Even when officers do not point their firearm at a person (Level 4, Type 22, explained above),
the drawing, exhibiting, or unholstering of a firearm by a police officer can be perceived by tho se
involved in or witnessing an incident as threatening or intimidating.
To allow the Department to track these incidents, all members who draw, exhibit, or unholster
any firearm during an incident , including when the firearm is pointed at a person (a reportable
use of force under DGO K -04), shall use the CAD / radio disposition code “ KDE .”
The use of the disposition code covers one officer for the entire incident (ex ample : a PRO
deploys their rifle from the vehicle and, after a briefing, assists with a building search where no
suspects are located. The “ KDE ” disposition code covers that officer’s actions). Each officer
1 DGO K -03: II C Use of Force (p. 3) : Any physical or mechanical intervention used by a member or employee to
defend, control, overpower, restrain or overcome the resistance of an individual.
OAKLAND POLICE DEPARTMENT 15 Feb 20
Special Order 9196
Page 2 of 8 drawing, exhibiting, or unholstering a firearm during an incident shall separately report the
“KDE ” disposition code , except in the c ase of officers logged on together as one unit (e.g an
“Adam” two -officer car or a Tango Team) in which case one disposition code shall suffice to
document the actions of that unit.
Drawing, exhibiting, or unholstering a firearm includes:
Drawing the duty handgun in response to a hazardous situation (e.g. high -risk vehicle
stop, building search, perimeter post for wanted subject) whether or not the suspect or
any other person is in the presence of the officer ; and
Removing the duty shotgun or patrol rifle f rom the patrol vehicle in response to a
hazardous situation whether or not the suspect or any other person is in the presence of
the officer .
Drawing, exhibiting or unholstering a firearm does not include a dministrative or evidentiary
possession or movemen t of firearms such as:
bringing a duty shotgun from a police station to the police vehicle or vice -versa;
bringing a patrol rifle from a police station to the police vehicle or vice -versa;
drawing a firearm to perform an inspection of the firearm;
drawing a firearm to perform a function check of the firearm;
drawing a firearm to load a firearm;
drawing a firearm to store it in a secure area prior to an interview of a suspect in an
interview room;
drawing a firearm to secure it in a patrol vehicle prior to booking a prisoner in a secure
facility such as Santa Rita Jail, Juvenile Hall, or John George Pavilion;
drawing a firearm to store it in a secure area prior to entering OPD YFSD;
drawing a firearm to store it in a secure area prior to entering a secure ar ea which bars
firearms;
drawing a backup firearm to reposition or better secure the firearm;
drawi ng a firearm during training ;
displaying a firearm to a competent authority for inspection or repair ;
collecting a firearm from a citizen for safekeeping ; or
collecting a firearm from a crime scene as evidence .
Redefinition of “Takedown”
“Takedowns” were deemed to be insufficiently defined, leaving officers, supervisors, and use of
force reviewers unsure of whether certain actions were reportable uses of for ce. To alleviate this
problem, “ takedown ” was