Police Department Policy

02-05_Use of Firearms (Rev 11-20)

Sacramento County Sheriff

Policy Text
Page 1 of 3 2/05 (REV 11/20) Use of Firearms The Purpose of this General Order is to prescribe department policy regarding the use of firearms. I. Policy Statement This order is intended for internal use only. Violations of this order may form the basis of a complaint by the department and then only in a non -judicial administrative setting. The guiding philosophy shall be to consider other reasonable means of appr ehension and control before resorting to the use of firearms. This order does not preclude an officer from drawing a weapon in readiness in the course of an arrest or investigation when, in the officer’s opinion, it is reasonable to ensure anyone’s safety or to reduce the possibility of attack or escape by a violent felony suspect. The primary objective for using the firearm is to stop or disable in order to effect an apprehension. II. General Policy A. Justification for the use of deadly force must be limited to the facts and circumstances known or perceived by an officer at the time a decision is made to fire a weapon. Facts unknown to an officer, no matter how compelling, cannot be considered in later determining whether the shooting was justified. Each dep artment member discharging a firearm must establish independent reasoning for using deadly force. The fact that other officer(s) discharge a firearm is not, by itself, sufficient to justify a decision to use deadly force. 1. Except in self -defense, officers shall not discharge a firearm when the safety of innocent persons is placed in jeopardy . 2. To the extent that it is reasonably practical, officers should consider their surroundings and any potential risks to bystanders prior to discharging a fir earm (Government Code § 7286(b)) 3. Firearms shall not be discharged at misdemeanant suspects. 4. Firearms shall not be discharged as a warning . Page 2 of 3 2/05 (REV 11/20) 5. An Officer shall not fire at or from a moving vehicle unless there is reasonable assurance that such firing will not endanger innocent persons. a. The use of firearms from, or against, moving motor vehicles is inherently dangerous and often times ineffective. b. Officers should, whenever possible, avoid assum ing a position in the path of a moving vehicle. A department member threatened by an oncoming motor vehicle shall, where reasonable, consider moving out of the vehicle’s path to mitigate the threat. B. Department Personnel may discharge a firearm at anothe r human being in the performance of their duties under the following circumstances: 1. In self -defense when the officer has reasonable cause to believe that there is imminent danger of death or great bodily injury. 2. In defense of another person when the officer has reasonable cause to believe that the other person is in imminent danger of death or great bodily injury. 3. To effect an arrest, prevent an escape, or to recapture an escap ee when the officer has probable cause to believe that the suspect has committed or attempted to commit a violent felony involving the threat of death or great bodily injury, and when the officer has reasonable cause to believe that the felony suspect to be apprehended may cause death or great bodily injury to an officer o r to another person should the suspect escape. 4. In each situation listed above, where feasible, an officer should make reasonable efforts to identify themselves as a peace officer and warn that deadly force may be used, , unless the officer has objectively reas onable grounds to believe the person is aware of those facts (Penal Code 835a(5)(c)(1) (B). III. Jurisdictional Responsibility A. All shootings involving peace officers occurring within the unincorporated area of Sacramento County shall be investigated by the S acramento County Sheriff’s Department. B. All shootings involving peace off icers occurring within the limits of any city within Sacramento County shall be investigated by the official shooting investigations team of the law enforcement agency having jurisdic tion. Page 3 of 3 2/05 (REV 11/20) C. All shootings involving a Deputy Sheriff of the Sacramento County Sheriff’s Department which occur within the physical confines of all Sheriff’s Department facilities shall be handled by the Sacramento County Sheriff’s Department regardless of phys ical address. D. Shootings involving a Deputy Sheriff of the Sacramento County Sheriff’s Department or shootings involving Police Officers of the Sacramento Police Department which occur on a street or area involving shared boundaries shall be investigated b y the employing agency. E. The Sheriff’s Department Professional Standards Bureau, if not actively investigating the shooting, shall monitor all investigations into any shooting incident involving personnel of the Sacramento County Sheriff’s Department. A completed investigation report shall be given to the involved employee’s Chief Deputy for review and disposition F. The investigating agency will be responsible for media releases pertaining to the incident in question.

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