301524

ORANGE COUNTY SHERIFF'S OFFICE GENERAL ORDER Effective Date: March 7, 2024  Amends - GO 8.1. 0 (September 13, 2023 ) Number: 8.1.0 Distribution: All Personnel Review Month: August Reviewing Authority: HRD / Training Subject: Response to Resistance This order consists of the following: 1. Purpose 2. Policy 3. Definitions 4. Procedures 1. Purpose To establish guidelines for the appropriate response to resistance, and for proper use of defensive weapons, and de-escalation. 2. Policy This policy establishes guidelines for OCSO personnel regarding response to resistance and reflects agency philosophy and established professional and legal standards. It is the policy of the agency that personnel only use that level of force objectively reasonable to perform their official duties. It is the policy of the agency that all personnel authorized to carry weapons be issued copies of, and instructed in, the written directives pertaining to use of force, deadly force, warning shots, authorized less lethal weapons, and procedures for rendering medical aid after using any weapon, prior to being authorized to carry a weapon. Deputies shall not strike or use physical force against any person except when necessary in self defense , in defense of another, to overcome physical resistance to lawful commands, taking a person into custody, or to prevent the escape of an arrested perso n. When deadly force is justified, it will be considered a last resort and be employed for effect and not for warning. As a subject increases his/her resistance level from verbal to physical, a deputy may have to increase the level of his/her response u ntil the resistance ceases and the deputy is able to gain control of the subject. As soon as the point of subject compliance is reached, the deputy shall de -escalate his/her response level as necessary. Employees (within their scope of authority and tra ining) have a duty to intervene to prevent or stop the unreasonable, unnecessary or disproportionate use of force , violation of policy or law, by another agency member or another agency . Intervention shall immediately be reported to the appropriate superv isor or the Professional Standards Section . 8.1.0, Page 2 of 12 3. Definitions A. Apprehension – Intentional p hysical contact made by an agency employee during efforts to arrest, detain, direct, or otherwise control a subject. B. Baton - An expandable baton, a straight stick baton, or side handle baton approved by the agency for use. C. BolaWrap – A handheld remote restraint device that discharges a Kevlar cord designed to restrain uncooperative subjects. C. Canine – an agency canine specially trained to execute a number of specific law enforcement and public service tasks which make use of the ca nine’s speed, agility, hearing and sense of smell. D. Canine Apprehension with contact – a suspect surrenders or is otherwise brought into custody as the result of canine deployment resulting in a bite regardless if injury is sustained. E. Chemical Agent - An aerosol spray agent approved by the agency for carry and use. F. Deadly Force – Force that is likely to cause death or great bodily harm, permanent disability, or permanent disfigurement. G. Electronic Control Device (ECD) – A device designed to disrupt a su bject’s sensory nervous and motor nervous systems by means of deploying battery powered electrical energy sufficient to cause uncontrolled muscle contractions and override an individual’s voluntary motor responses. This includes the Electronic Restraint S ystem (ERS). GO 8.1.2 covers agency policy regarding ECD and ERS. H. Great Bodily Harm - Harm to the body which involves a risk of death, serious permanent disfigurement, loss of or impairmen t of a bodily function or bodily organ. I. Imminent Danger – the appearance of threatened and impending injury as would put a reasonable and prudent person to their instant defense. A deputy need not wait until they are attacked physically before determining reasonably that they are in imminent dan ger of serious injury (Wilson V. Miller). J. In-Custody Deaths – A death, or the onset of a physiological condition resulting in death, that occurs while a subject is in law enforcement custody, or while an attempt is being made to take a subject into custo dy. The death may or may not involve the application of force. K. Moderate Physical Harm - Cannot perform normal duties, medical treatment necessary (e.g., strains and sprains). L. Neck Restraint – chokehold, lateral vascular neck restraint, or any other technique that restricts oxygen or blood to the head or neck. 8.1.0, Page 3 of 12 M. Objectively Reasonable Standard – In Graham v . Connor, 490 U.S. 386 (1989) , the U.S. Supreme Court ruled the “reasonableness” standard of the Fourth Amendment applies to law enforcement officers using force in the course of an investigatory stop, arrest, or other “seizure” of a person. In other word s, an officer’s response to resistance must be reasonable in the totality of the circumstances. In Graham, the Court noted the objectively reasonable standard is not precise or mechanical, and close attention must be paid to the totality of circumstance s, specifically including the following factors: (a)