Police Department Policy

12.00 - Use of Force - 06-10-2022

Santa Clara Sheriff

Policy Text
GENERAL ORDER #12.00 1 (HIGH LIABILITY) USE OF FORCE GENERAL ORDER #12.00 Adopted: 07/07/2010 Updated: 06/10/2022 Replaces: G.O. # 12.00 updated 01/15/2021 Reviewed: 06/10/2022 Number of Pages: 1 5 Distribution: Unrestricted ****************************************************************************** POLICY The authority of deputies to use physical force i s 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 by peace officers, in order to ensure that deputies use force consistent with law and the policies of the Office of the Sheriff (“Sheriff’s Office”) . Deputies shall use only force which is necessary , given the facts and circumstances known to the deputy at the time of the event, to bring an incident under control . Every reasonable effort to de- escalate an uncooperative or actively resisting subject 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 medical attention or loss of consciousness resulting from a deputy’s use of force. All sections of this policy apply to off -duty conduct involving the use of force when, though off -duty, a deputy is acting as a sworn peace officer and acting in that capacity to uphold the law. The authority to use force shall be exercised judiciously with respect for human rights, dignity , and life in a fair and unbiased manner without prejudice to anyone. This policy applies to all sworn staff of the Sheriff’s Office, and reference to “ deputy” or “deputies” throughout this policy refer s to all sworn staff . Custody Bureau personnel shall refer to applicable Custody Bureau Policies and Procedures that govern the use of force within county correctional facilities. GENERAL ORDER #12.00 2 (HIGH LIABILITY) PROCEDURE A. DEFINITIONS Deadly Force: 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. De-escalation Techniques: Actions used by deputies, when safe and feasible without compromising law -enforcement priorities, 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. Feasible: Reasonably capable of being done or carried out under the circumstances to successfully achieve the arrest or lawful objective without increasing risk t o the officer or another person. Imminent : Pursuant to California 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 one that, from appearances, must be instantly confronted and addressed." Intercede: Includes, but is not limited to: (1) physically stopping the excessive use of force; (2) recording the excessive force, if equipped with a body -worn camera, and documenting efforts to intervene; (3) attempting to de -escalate the offending deputy’s excessive use of force; (4) confronting the offending officer about the excessive force during the use of force and (5) reporting to dispatch or watch commander /supervisor on duty with the offending deputy’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 legitimate law enforcement purpose and (2) the amount of force used to accomplish the law enforcement purpose is reasonable in light of the totality of the circumstances known to or perceived by the deputy 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 appl ied against a restrained person’s neck, torso, or back, or positioning a restrained person without reasonable monitoring for signs of asphyxia . GENERAL ORDER #12.00 3 (HIGH LIABILITY) Proportional: To be proportional, the level of force applied must reflect the totality of circumstances surrounding the situati on at hand, including the nature and immediacy of any threats posed to deputies and others. Deputies must rely on training, experience, and assessment of the situation to decide an appropriate level of force to be applied. Reasonable and sound judgment wil l dictate the force option to be employed. Proportional force does not require deputies to use the same type or amount of force as the subject. The more immediate the threat and the more likely that the threat will result in death or serious bodily injury, the greater the level of force that may

Why Attorneys Choose FlawFinder

Side-by-side with Westlaw and LexisNexis

FeatureWestlawLexisNexis
Monthly price$19 - $99$133 - $646$153 - $399
ContractNone1-3 year min1-6 year min
Hidden fees$0, alwaysUp to $469/search$25/mo + per-doc
Police SOPs✓ 310+ departments
Zero-hallucination AI✓ CitationGuard
CancelOne clickTermination feesNo option to cancel
FlawFinder provides legal information, not legal advice. Consult an attorney for specific legal guidance.