Police Department Policy

GO - 58002 - Use - of - Force - 122321

Sacramento Police Department

Policy Text
SACRAMENTO POLICE DEPARTMENT GENERAL ORDERS GO 580.02 Page 1 of 14 580.02 USE OF FORCE 12-16-21 PURPOSE This policy establishes guidelines for the use and application of force, as well as the procedures for after- force medical care. POLICY The Sacramento Police Department (SPD) values the sanctity of human life and the freedoms guaranteed by the United States and California constitutions. Use of force (UOF) by peace officers is of important concern to the community. The role of law enforcement is to safeguard life, dignity, and liberty of all persons, without prejudice to anyone. Peace officers shall carry out duties, including UOF, in a manner that is fair and unbiased. This policy will be regularly reviewed and updated by the Professional Standards Division to reflect developing practices and procedures. It is the policy of the Department that a peace officer is justified in using deadly force upon another person only as a last resort when reasonable alternatives have been exhausted or are not feasible and the officer reasonably believes, based on the totality of the circumstances, that such force is necessary. This policy is based upon Assembly Bill 392 as codified in Penal Code 835a which states : (a)The Legislature finds and declares all of the following: (1)That the authority to use physical force, conferred on peace officers by this section, is a serious responsibility that shall be exercised judiciously and with respect for human rights and dignity and for the sanctity of every human life. The Legislature furthe r finds and declares that every person has a right to be free from excessive use of force by officers acting under color of law. (2)As set forth below, it is the intent of the Legislature that peace officers use deadly force only when necessary in defense of human life. In determining whether deadly force is necessary, officers shall evaluate each situation in light of the particul ar circumstances of each case and shall use other available resources and techniques if reasonably safe and feasible to an objectively reasonable officer . (3)That the decision by a peace officer to use force shall be evaluated carefully and thoroughly, in a manner that reflects the gravity of that authority and the serious consequences of the use of force by peace officers, in order to ensure that officers use force consistent with law and agency policies. (4)That the decision by a peace officer to use fo rce shall be evaluated from the perspective of a reasonable officer in the same situation, based on the totality of the circumstances known to or perceived by the officer at the time, rather than with the benefit of hindsight, and that the totality of the circumstances shall account for occasions when officers may be forced to make quick judgments about using force. (5)That individuals with physical, mental health, developmental, or intellectual disabilities are significantly more likely to experience grea ter levels of physical force during police interactions, as their disability may affect their ability to understand or comply with commands from peace officers. It is estimated that individuals with disabilities are involved in between one -third and one -half of all fatal encounters with law enforcement. SACRAMENTO POLICE DEPARTMENT GENERAL ORDERS GO 580.02 Page 2 of 14 (b)Any peace officer who has reasonable c ause to believe that the person to be arrested has committed a public offense may use objectively reasonable force to effect the arrest, to prevent escape, or to overcome resistance. (c)(1) Notwithstanding subdivision (b), a peace officer is justified in using deadly force upon another person only when the officer reasonably believes, based on the totality of the circumstances, that such force is necessary for either of the following reasons: (A)To defend against an imminent threat of death or serious bodily injury to the officer or to another person. (B)To apprehend a fleeing person for any felony that threatened or resulted in death or serious bodily injury, if th e officer reasonably believes that the person will cause death or serious bodily injury to another unless immediately apprehended. Where feasible, a peace officer shall, prior to the use of force, make reasonable efforts to identify themselves as a peace o fficer and to warn that deadly force may be used, unless the officer has objectively reasonable grounds to believe the person is aware of those facts. (2)A peace officer shall not use deadly force against a person based on the danger that person poses to themselves, if an objectively reasonable officer would believe the person does not pose an imminent threat of death or serious bodily injury to the peace officer or to another person. (d)A peace officer who makes or attempts to make an arrest need not ret reat or desist from their efforts by reason of the resistance or threatened resistance of the person being arrested. A peace officer shall not be deemed an aggressor or lose the right to self -defense by the use of objectively reasonable force in compliance with subdivisions (b) and (c) to effect the arrest or to prevent escape or to overcome resistance. For the purposes of this subdivision, “retreat” does not mean tactical repositioning or other de-escalation tactics. (e)For purposes of this section, the f ollowing definitions shall apply: (1)“Deadly force” means 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. (2)A threat of death or serious bodily injury is “imminent” when, based on the totality of the circumstances, a reasonable officer in the same situation would believe that a person has the

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