Policy Text
Santa Clara County Sheriff’s Protective Services
Policy Manual
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Policy
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Use of Force
300.1 PURPOSE AND SCOPE
The authority of Sheriff’s Protective Service s Officers (SPSOs) to use physical force is a serious
responsibility. The decision to use physical force must be evaluated in a manner that reflects the gravity
of that authority and the serious consequences of the use of force, in order to ensure SPSOs use force
consistent with law and the policies of the Office of the Sheriff (“Sheriff’s Office”).
SPSOs shall use only force which is reasonably necessary, given the facts and circumstances known
to the SPSO at the time of the event, to effect an arrest , defend against an att ack, or assist medical
personnel consistent with hospital policy . Every reasonable effort to de -escalate shall be made when
feasible prior to the use of force. Emergency medical attention shall be provided to any person who
sustains any injury requiring me dical attention or loss of consciousness resulting from a use of force.
Force shall be exercised judiciously with respect for human rights, dignity, and life in a fair and unbiased
manner without prejudice to anyone.
Nothing in this order shall be constru ed to eliminate the right to self defe nse as afforded by California
Law.
This policy applies to all Sheriff’s Protective Service s Officers. Deputies should refer to their applicable
Use of Force Policy.
300.1.1 DEFINITIONS
The following defin itions are provided in the cont ext of implementing this Use of Force policy:
Deadly force – Any force used that creates a substantial risk of causing death or serious bodily injury
(Penal Code § 835a ).
De-escalation Techniques - Actions used by SPSOs , when safe and feasible, that seek to minimize
the likelihood of the need to use force during an incident and increase the likelihood of gaining voluntary
compliance from a subject.
De-escalation - The process of using strategies and techniques intended to decrease the intensity of
the situation.
Feas ible – Reasonably capable of being done or carried out under the circumstances to successfully
achieve the arrest or other lawful objective without increasing the risk to the SPSO or another person
(California Government Code § 7286(a)).
Force – The application of physical techniques or tactics, chemical agents, or weapons to another
person. It is not a use of force when a person allows themselves to be escorted .
Santa Clara County Sheriff’s Protective Services
Policy Manual
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Policy
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Imminent - Pursuant to Penal Code § 835a(e)(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 present ability, opportunity, and apparent intent to immediately
cause death or serious bodily injury to the peace officer or another person. An imminent harm is not
merely a fear of future harm, no matter how great the fear and no matter how great the likelihood of the
harm, but is o ne that, from appearances, must be instantly confronted and addressed."
Intercede - Includes, but is not limited to: (1) physically stopping the excessive use of force by another
SPSO or PSO ; (2) recording the excessive force, if equipped with a body -worn camera, and
documenting efforts to intervene; (3) attempting to de -escalate the offending officer’s excessive use of
force; (4) confronting the offending officer about the excessive force du ring the use of force and (5)
reporting to dispatch or watch commander/supervisor on duty with the offending officer’s name, unit,
location, time, and situation.
Necessary Force - Force is necessary if : (1) other available resources and techniques are not
reasonably safe or feasible to accomplish a lawful arrest or medical restraint and (2) the amount of
force used to accomplish the goal is reasonable in light of the totality of the circumstances known to or
perceived by the officer at the time of the event .
Positional Asphyxia - Situating a person in a manner that compresses their airway and reduces the
ability to sustain adequate breathing. This includes, without limitation, the use of any physical restraint
that causes a person’s respiratory airway to be compressed or impairs the person’s breathing or
respiratory capacity, including any action in which pressure or body weight is unreasonably applied
against a restrained person’s neck, torso, or back, or positioning a restrained person without reasonable
monitoring for signs of asphyxia.
Private Person’s Arrest – Pursaunt to Penal Code § 837, a private person may arrest another: 1) for
a public offense committed or attempted in his presence ; 2) when the person arrested has committed
a felony, although not in his presence ; 3) when a felony has been in fact committed, and he has
reasonable cause for believing the person arrested to have committed it. A private person’s arrest,
regardless if any force was used, shall be reported to the law enforcement agency of jurisdiction.
Proportional - To be proportional, the level of force applied must reflect the totality of circumstances
surrounding the situation at hand, including the nature and immediacy of any threats posed to SPSOs
and others. SPSOs must rely on training, experience, and assessmen t of the situation to decide on an
appropriate level of force to be applied