UOF Power Point
Force Rohnert Park DPSPresented by Training Perishable Skills Use of Force escalation-Use of Options
Big Questions 2 mental disabilities?elevated situations involving persons with What are considerations for response to •What are the changes to 835a?•use of force?to do with escalation
have -What role does communication and de•“necessary,” and “feasible”?What is force that is “objectively reasonable,” •California Law Enforcement?How have AB 392 and SB 230 changed
•
Federal Standards which contribute to the application of forceTotality of circumstances and be able to articulate all factor •Graham v Connor (objectively reasonableness) •Fourth Amendment
•
California Standards CA Assembly Bill 26•force officer conduct)-includes preHayes v County of San Diego (totality of circumstances •“Proportional”-23 items required in agencies policy-California
Government Code 7286•PC 835a•
SB 230 dignity, and life”that authority judiciously and with respect for human rights, peace officers by the people who expect them to exercise “The authority to use force is a serious
responsibility given to California Penal Code 13519.102.California Gov. Code 72861.Created two new statutes•agency UOF policies and UOF trainings requirements.Intended to strengthen
UOF standards for deadly force, •
CA Assembly Bill 26 excessive force Requirement of discipline for failing to intercede in -reporting Prohibition of retaliation for interceding and -Duty to intercede and report excessive
force-Dictated new requirements in agency policy..•Modified Government Code 7286 to define “intercede”•
AB 392”circumstancestotality of Emphasizes the change in 835a that adds “•Amends language in 196 PC & 835a PC•in Graham v Connor Essentially the equivalent of objective reasonableness
established •as reasonably perceived by the officertotality of circumstancesPeace officers use deadly force only when necessary given the •
835a PC. feasibletechniques when reasonably safe and d) Using deadly force and considering resources and Mental Health/Suicidal subject -Present ability + Opportunity + Apparent Intent-c)
Imminent threat-De-Tactically reposition-b) No duty to retreat, but..conduct (Hayes v. County of San Diego)force officer -a) Totality of circumstances including preObjectively Reasonableness
considerations•
California Penal Code 196 All justifiable homicide by a peace officer will be gauged under 835a•Take away Fleeing felons or persons charged with felonies fleeing from justice? •To “the
homicide results from a peace officer’s UOF that is in compliance with PC 835a•process or in the discharge of any other legal duty”.. Circumstances change from “overcoming actual resistance
to the execution of some legal •Changes Justifiable homicide by a Peace Officer•
Case Law force conduct-Pre•Hayes v. County of San Diego Deadly force•Fleeing felon•Tennessee v. Garner Objective reasonableness standard•Graham v. Connor
De)Ӥthe event to accomplish a legitimate law enforcement purpose (Penal Code facts and totality of the circumstances known to or perceived by the officer at the time of shall use only
that amount of force that reasonably appears necessary given the “Officers 7286(b))§by Government Code (as defined INTERCEDE FAILURE TO 300.2.4•7286(b))§(as defined by Government Code
FORCE DUTY TO REPORT EXCESSIVE 300.2.3•7286)§Government Code (as defined by INTERCEDE DUTY TO 300.2.2•FORCEFAIR AND UNBIASED USE OF 300.2.1•Changes Force Policy 300& Use of scalation-
Policy Cont.it is reasonably safe to do so, officers should carefully secure all firearms.Once •.directed toward such threat until the officer no longer perceives such threatrisk stop,
tactical entry, armed encounter), firearms may be -presented at the time (e.g., highIf the officer reasonably believes that a threat exists based on the totality of circumstances •.directed
toward an individualready or other position not -such threat exists, firearms should generally be kept in the lowIf the officer does not initially perceive a threat but reasonably believes
that the potential for •)):7286(b§drawing a firearm in public by considering the following guidelines (Government Code force, officers should carefully evaluate each tactical situation
and use sound discretion when that individuals might perceive the display of a firearm as a potential application of Given DISPLAYING OF FIREARMS300.4.2
Penal Code 7286(a)(4)force. (CGC 7286(b)(3)) If there’s a duty to intercede, then there is always a duty to report potential excessive B) Additional information regarding the threat
a) Standard of objective reasonablenessWhen to decide to intercede?•Stigma and how to break it?•Who's liable?•What is it? •Duty to intercede
De Employing other tactics that do not unreasonably increase officer jeopardy.c)not reasonably appear to require immediate intervention.Formulating a plan with responding officers before
entering an unstable situation that does b).additional resources that are able to respond in a reasonably timely mannerSummoning a):may decrease the need for using forcenot be compromised,
officers should consider actions that may increase officer safety and time and circumstances reasonably permit, and when community and officer safety would As 300.3.1UOF Policy escalation
and Communication -
Cognitive Biases individual to act in discriminator ways.Conscious belief or attitude toward a specific social group that may lead an •Explicit Biascontradictory conscious beliefs People
are generally unaware of their implicit biases and may even hold •individual to unknowingly act in discriminatory ways.Unconscious belief or attitude toward a specific social group
hat may lead an •Implicit Bias
Use of Force Reporting of serious great bodily injury. notsupervisor of any use of force incident Notify a -bodily injury has occurred or is believed to have occurred. notify supervisor
of any use of force incident where serious or great Shall-Officers•DOJ.ensure proper collection of information to allow annual reporting to Shall-Supervisors •Outline agency requirements
in notifying the DOJ-California PC 12525.2(a)•
Use of Force Report Writing Utilize direct language from our UOF Policy•Paint a picture •facts know at the time and leading up to-Identifying the “totality of circumstances”•Using the
language of 835a•
Use of Force Report Writing Cont.an officer points a firearm at any personAnytime following incidents shall be documented using the appropriate approved report:The CRIMINAL ACTIVITY-NON323.2.2.”addit
ional circumstances that may require documentationdepartment policy, procedure, or law. See the Report Preparation Policy for Department may require the completion of additional report
forms, as specified in for purposes of training, resource allocation, analysis, and related purposes, the believed the use of force was reasonable under the circumstances. To collect
data the incident. The officer should articulate the factors perceived and why he/she completely, and accurately in an appropriate report, depending on the nature of use of force by
a member of this department shall be documented promptly, “Any REPORTING THE USE OF FORCEPolicy 300.5
Training Safety OfficerEveryone is aClassroomOutside the WeaponsStore Weapons Are Training -Non Safety Plan
Student Debrief?and whyWhat would you change next time •why?What went as you intended and •to use/not use force?What was the basis for your choice •How do you think it went, and why?•
USE Trevor Gentry Instructors Rohnert Park DPS Presented by FORCEof