Police Department Policy

doc_1063703

Santa Ana PD

Policy Text
Procedure 4040Santa Ana Police Department Santa Ana PD Procedures Manual Copyright Lexipol, LLC 2022/07/20, All Rights Reserved. Published with permission by Santa Ana Police DepartmentTACTICAL DISENGAGEMENT - 1TACTICAL DISENGAGEMENT 4040.1 PURPOSE The purpose of this Procedure is to explain the concept of tactical disengagement and provide officers with information to aid in the appropriate use of this tactic. 4040.2 INTRODUCTION The Santa Ana Police Department is guided by the overarching principle of reverence for human life in all investigative, enforcement, and other contacts between officers and members of the public. When officers are called upon to detain or arrest a subject who is uncooperative, is actively resisting, may attempt to flee, poses a danger to others, or poses a danger to him or herself, they should, if feasible, consider tactics and techniques that may persuade the subject to voluntarily comply or may mitigate the need to use a higher level of force to resolve the situation safely. Some situations require an immediate response, while others allow officers the opportunity to communicate with the subject, refine tactical plans, and, if necessary, call for additional resources. The actions of first responders will be weighed against the information known, the seriousness and gravity of the situation, the subject's actions, and, when feasible, efforts to de-escalate the situation. Tactical disengagement is one of the tactics that may be considered when an officer reasonably believes that continued contact may result in an unreasonable risk to the subject, the public, and/or Department members, especially in situations involving a barricaded suspect, a suicidal subject or a person believed to be experiencing a mental health crisis. 4040.3 DEFINITION Tactical Disengagement: A de-escalation tactic that incorporates the tactical decision to leave, delay contact, delay custody or plan to make contact at a different time and under different circumstances. This tactic should be considered when an officer reasonably believes continued contact may result in an unreasonable risk to the person in crisis, the public and/or Department members. 4040.4 PROCEDURES Disengagement can be proposed by the primary unit, but requires consultation with the field supervisor at scene, and watch commander approval. The field supervisor shall, when feasible, contact the Watch Commander to request the Special Weapons and Tactics team (SWAT) and/or the Crisis Negotiators whenever: •The incident meets the criteria for a SWAT callout (see Special Weapons and Tactics Policy), or •A suicidal subject is armed, or •A suicidal subject is on an elevated or unstable surface which could cause a fall that could result in a significant impact injury Santa Ana Police Department Santa Ana PD Procedures Manual TACTICAL DISENGAGEMENT Copyright Lexipol, LLC 2022/07/20, All Rights Reserved. Published with permission by Santa Ana Police DepartmentTACTICAL DISENGAGEMENT - 2Not all suicidal subjects are considered barricaded or require a SWAT/Crisis Negotiations response or immediate police action. The SWAT Commander will determine the recommended SWAT response, if any. 4040.4.1 TACTICAL CONSIDERATIONS Tactical situations vary and there is no single solution to resolving every incident. Disengagement is only one of many tactics that should be considered, if feasible, to potentially reduce the intensity of the encounter if believed it would de-escalate the situation and no crime or a minor crime has occurred. Note: Minor crimes include, but are not limited to infractions or crimes that can be resolved through follow-up investigation. Officers should continually assess the situation as circumstances change and new information is received. Officers should additionally evaluate if further contact with the subject may result in an undue safety risk to the person, the public, and/or officers. 4040.5 SUICIDAL SUBJECTS Not all suicidal subject calls require immediate police action. There is a distinction between a suspect wanted for a crime and an individual who has not committed a crime but has expressed the desire to commit suicide. It is not a criminal act to express the desire or even attempt to commit suicide and suicidal subjects or persons suffering from a possible mental health crisis are afforded the same constitutional rights, specifically 4th Amendment protections, as everyone else. 4040.5.1 LEGAL CONSIDERATIONS The actions of first responders will be weighed against the information known and reasonably believed, governmental interest, subject's actions, and efforts to de-escalate the situation. First responders may choose to strategically disengage to avoid resorting to force when the danger to the subject by self-harm is no longer imminent, and he/she has not committed a serious or violent crime. •First responders should avoid making any promises to family members or loved ones as this could lead to the establishment of a special relationship. If feasible, the scene supervisor should communicate legal limitations and provide resource options. •Officers must be aware that suicide attempts/threats of suicide and experiencing a mental health crisis do not constitute a crime. Absent an immediate threat of injury to officers or the public, it may be more prudent to provide care and assistance to the subject at a later time when they are not in crisis. •Officers shall consider the Use of Force policy, specifically as it relates to suicidal subjects when considering what actions to take. •A detention under Welfare and Institutions Code 5150 is permissive but not mandatory and must be based upon "probable cause" to believe the person to be detained is a danger to themselves or others,

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