Police Department Policy

OAKLAND_SO_9205_-_Banning_Carotid_Restraint__Cho_2227646

Oakland PD

Policy Text
Page 1 of 3 OFFICE OF CHIEF OF POLICE OAKLAND POLICE DEPARTMENT SPECIAL ORDER 9205 TO: Sworn Personnel SUBJECT : Banning of the Carotid Restraint and All Forms of Asphyxia DATE : 1 Jan 21 TERMINATION: Upon Revision of DGO K -03, Use of Force The use of authorized force by police officers, acting as agents of the state, is fundamentally an exercise of governance with the consent of the people. Recent events have changed the nature of the relationship betwe en the public and the government regarding police use of force, especially surrounding restraints of a person’s neck and asphyxiation – the process of being deprived of oxygen or suffocated, potentially resulting in unconsciousness or death. The Oakland Police Department believes this policy will save lives and will also promote officer safety, which furthers OPD’s reverence for life. It is recognized that certain custodial encounters may require body -to-body contact between officers and a person . However, the Oakland Police Department does not authorize nor train officers to utilize “chokeholds,” which obstruct a person’s ability to breathe. The Department no longer teach es or authorizes officers to utilize the carotid restraint hold, which unti l recently was required training pursuant to California Peace Officer Standards and Training (POST). OPD’s use of force policies must reflect a reverence for life, 1 require de -escalation,2 mandate a duty to intervene,3 limit shooting at moving vehicl es,4 and require comprehensive force reporting.5 OPD recognizes the public and the Police Commission’s call for the immediate end of the use of hogtying, chokeholds, and any holds intended to cause obstruction to a person’s airway . OPD bans and otherwi se immediately eliminate s all holds or other maneuvers which are designed to, or may foreseeably result in, cutting off blood or oxygen to a person ’s head. 1 “The Oakland Police Department values the protection and sanctity of human life.” DGO K -03 Use of Force , I, A . 2 “Members are required to de- escalate the force when member reasonably believes a lesser level or no further force is appropriate.” “To the extent possible and without ever compromising safety, members are required to use verbal commands to accomplish the police objective before resorting to physical force.” Ibid at I, C and III, A, respectively 3 “Members shall intervene and prevent or stop the use of unreasonable force by other members.” Ibid I, C. 4 “Whenever possible, members shall move out of the way of the vehicle, instead of discharging his or her firearm at the operator.” Ibid IV, E, 2, b . 5 Reference DGO K -04, Reporting and Investigating the Use of Force , and associated Special Orders . OAKLAND POLICE DEPARTMENT Effective Date: Special Order 9205 1 Jan 21 Page 2 of 3 Special Order 9205 serves as an immediate change to DGO K -03 Use of Force until such time as the new revised DGO K -03 is adopted. POLICY Effective immediately, OPD eliminates the Carotid Restraint as an authorized force option for OPD officers as banned by Government Code 7286.5 and as amended by AB1196. The Department Gener al Order ( DGO) K-03, Use of Force as approved by the Commission on October 8, 2020 prohibits the use of the Carotid Restraint and Chokehold. To be clear, OPD bans all holds or other maneuvers which are designed to, or may foreseeably result in cutting off blood or oxygen to a person’s head. Hogtying is also specifically banned. While transitory contact – defined as purposeful body movement from one point to another – between an officer and a person is allowed, officers shall not sit, kneel, or stand on a person’s chest, back, stomach, or shoulders, reducing the person’s ability to breathe. Officers may make transitory contact with a person’s hips, legs, or lower back and beltline as needed to handcuff, control, or secure, a person, such as but not limited to, placing the Officer’s full shin across a person’s hips, legs, or lower back or beltline . Officers must position a person to allow for free breathing and not put the person fa ce down ; to be clear, a prone person shall be placed on their side or in a sitting, kneeling or standing position as soon as prac tical. Positional asphyxia occurs when a person’s body position prevents the person from breathing adequately. A person can b e prevented from breathing adequately when p ressure is placed on their neck, shoulders, back, or stomach. In order to ensure the safety and to minimize the risk of positional asphyxia, officers must learn to recognize , evaluate, and mitigate contributing factors and conditions. O fficers should not believe that if a person is able to talk, that the person is al so able to breathe; if a person says they cannot breathe, the person is likely in distress. Officers possess an affirmative obligation to ensure compliance, by themselves and others, with all Department policy, including this Special Order. 6 Officers who observe another officer violating, or about to violate, this Special Order shall, absent extraordinary

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