70.6 Flashcards
b. The Graham Factors. The Graham decision specified three primary factors (the Graham Factors) to assist in determining reasonableness. While not all inclusive, these factors assist in evaluating the reasonableness of a use of force incident when considering “the totality of the circumstances.” These factors are:
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S I R
(1) Severity* of the crime at issue.
(2) Whether the subject poses an immediate* threat to the safety of the
officer(s) or others.
(3) Whether the subject is actively resisting* arrest or attempting to evade* arrest by flight.
Pursuant to California Penal Code Section 835a(e)(3), _______ means all facts known to the peace officer at the time, including the conduct of the officer and subject leading up to the use of force.
the totality of the circumstances
(a) When safe and feasible under the totality of circumstances, officers _____ utilize de-escalation techniques, crisis intervention tactics, and other alternatives to force.
are required to
An officer is justified in using nondeadly force to gain compliance or control of a subject when it is objectively reasonable under the totality of the circumstances. Nondeadly force includes, but is not limited to, ____ and _____
control holds and personal weapons. (Departmentally approved handcuffing techniques on a compliant subject does not constitute a use of force.)
An officer is justified in using intermediate force when the subject presents an immediate threat of harm to the officer(s) or others and the use of such force is objectively reasonable under the totality of the circumstances. Intermediate force includes, but is not limited to, electronic control device, impact weapons, aerosol subject restraint, and kinetic energy munitions.
F S I E
(1) Flight.
(a) While it is relevant, flight alone is not the only factor to be taken into consideration. In addition to flight, officers shall consider:
1 The severity of the crime.
2 Whether the subject poses an immediate threat to officers or
others.
3 The officer-to-subject factors and environmental* factors (lighting, footing, weather, etc.).
An 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 in defense of human life. In determining whether deadly force reasonably appears to be necessary, officers shall evaluate each situation in light of the particular circumstances of each case. If reasonably safe and feasible to do so, officers shall use other available resources and techniques.
D A
SHALL NOT: DANGER TO THEMSELVES
(1) Self-Defense and/or Defense of Others.
(2) Apprehension.
(3) An 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.
(1) Self-Defense and/or Defense of Others.
(a) To defend against an imminent threat of death or serious bodily injury to the officer or to another person.
(b) In self-defense while an assault with a deadly weapon (ADW) with a vehicle is actually being committed.
Officers shall not stand and/or step directly in front of or directly behind a vehicle in an attempt to impede its movement (prevent escape), intentionally creating circumstances where use of deadly force appears to be necessary. The primary tactical consideration should be for officers to move out of the path of a vehicle whenever such movement is reasonably possible. Once an officer no longer perceives a threat, deadly force is no longer justified.
(2) Apprehension.
F A I E
(a) To apprehend a fleeing person for any felony* that threatened or resulted in death or serious bodily injury, if the officer reasonably believes that the person will cause death or serious bodily injury to another unless immediately apprehended.
(c) Following an ADW* with a vehicle, where an officer reasonably believes serious bodily injury or death has occurred, an officer may utilize deadly force when necessary to apprehend a person, if the officer reasonably believes the person will cause serious bodily injury or death to another unless immediately apprehended.
(b) Where feasible, a peace officer shall, prior to the use of force, make reasonable efforts to identify* themselves as a peace officer 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.
(d) Deadly force for apprehension of a person shall be used only when all other reasonable means of apprehension have been exhausted* and, if under the totality of the circumstances perceived by the officer, the use of a firearm is not likely to endanger innocent persons.
(1) In the event of a reportable firearm discharge, the discharge _____ be reported to a supervisor as soon as the situation is stabilized.
(2) The following discharge of firearms incidents _____ be reported:
ON DUTY: I A OFF DUTY: A D W
c. Exceptions to the Above Reporting Procedures.
U T A H
Shall, shall
(a) The intentional discharge of any firearm by an officer while on duty.
(c) Accidental discharge of any firearm while on duty.
(f) The intentional or accidental discharge of a firearm by a nonuniformed employee while on duty.
(b) The intentional discharge of any firearm by an officer while off duty in
the direction* of, or causing injury to, any person, or toward the property of another person without their specific permission.
(d) Off-duty accidental discharges of any firearm that may be carried concealed under the authority* of California peace officer status.
(e) Warning* shots fired by an officer while off duty in an attempt to apprehend a person for any crime.
(1) Training, qualification, or shooting competition (other than accidental).
(2) Lawful hunting activities which do not result in injury to any person or
cause damage to another person’s property.
(3) Shooting of animals* in accordance with policy outlined in Chapter 2, Discharge of Firearms at Animals, of this manual.
(4) The discharge of any firearm (including accidental) while performing duties directly related to service in the U.S. Armed Forces*.
a. Officer Responsibility. When officers are involved in or witness an incident in which they believe excessive force is currently or may have been used by any peace officer, they shall take immediate action to stop the excessive force.
N I R
(1) The officer’s actions shall be reasonable* and prudent, based upon the circumstances.
(2) The officer’s actions shall include verbal and/or physical intervention* necessary to stop the use of excessive force.
(3) Following the incident, the officer shall immediately notify* a CHP supervisor and submit a report, in accordance with GO 100.39, thoroughly documenting the events.
- INVOLVEMENT IN OR WITNESSING EXCESSIVE FORCE.
b. Supervisor and Manager Responsibilities. Supervisors and managers are responsible for ensuring that:
D R I A
(1) A supervisor or manager shall respond* to the scene of an incident of excessive use of force as soon as practical when notified.
(2) Accurate reporting shall be thoroughly documented* in accordance with HPM 100.86.
(3) An investigation* is conducted and documented.
(4) These guidelines are followed whether such incidents involve the CHP, an allied agency*, or both.
(5) Investigation of incidents involving allied agencies shall be coordinated at the appropriate Division level.
- POLICY.
a. An officer may discharge a firearm at an animal under the following conditions:
C R D
(1) In self-defense or to defend* another person from serious bodily harm.
(2) When necessary to destroy a critically* injured animal, provided such action can be accomplished with safety to persons and property.
(3) When necessary to destroy suspected rabid* animals or animals attacking livestock.
b. Shooting of Injured Animals. There are many instances when officers are confronted with unattended or injured animals that present serious traffic problems requiring prompt action. The shooting of an animal _____ be undertaken only as a last resort. The following steps shall be taken prior to shooting:
S O B R 90DEGREES
should,
(1) A supervisor’s* approval to destroy the animal should be obtained with consideration of the geographical location and the officer’s experience.
(2) If possible, the owner’s* permission to destroy the animal should be obtained.
(3) All bystanders* must be protected by removal to a safe area behind the shooting officer.
(4) The area behind and to the sides of the animal should be protected in the event of over penetration or ricochet* of the bullet. The preferred method is to select a location which provides a dirt embankment or other suitable backstop.
(5) When shooting any animal in the head, the chances of ricochet are reduced when shot from a 90-degree* angle at the point of entry.
(6) The skull structure of large animals is predominately thick. There are, however, limited areas where the skull is thin enough to permit bullet penetration.
(2) Except for _____, the most effective way to destroy an animal is to shoot it in the brain through the front of the head. The best alternative would be bullet entry from either side of the head.
swine
b. California Vehicle Code Section 21055. This section outlines conditions which, when met, exempt the driver of an AEV from obeying certain sections of the CVC known generally as the “Rules of the Road.” California Vehicle Code Section 21055 grants the operators of AEV exemptions to the rules of the road when the vehicle displays a red light visible to the front and the siren is operated as reasonably necessary in conjunction with one or more of the following conditions:
F E R P
(1) In response to an emergency* call.
(2) While engaged in rescue* operations.
(3) In the immediate pursuit* of an actual or suspected violator of the law.
(4) In response to, but not returning from, a fire* alarm.
(c) A patrol vehicle using a siren _____ pass traffic on the left even though it is necessary to drive across a center line of a roadway. A motorist will often swerve to the right at the approach of an AEV. Therefore, an officer should cautiously pass on the right only when no other course is open and then only when the red light and siren have been deactivated.
should
(5) If the driver of a vehicle fails to stop as required, officers are authorized to continue following until
L S D R
the violator voluntarily stops*,
until relieved* from the pursuit,
until the circumstances warrant legal* intervention (forcible stop), or
until the pursuit is voluntarily discontinued*.
HPM 70.6 5-8
Officers and supervisors shall, at all times, utilize sound professional judgment when balancing the factors associated with vehicular pursuits. Multiple factors must be considered by the officers and supervisors to determine reasonable speeds. Such factors may include, but are not limited to:
W T N V L F Sx3
weather* and road conditions,
the volume of vehicular and pedestrian traffic*,
visibility,
the nature of the offense committed by the suspect(s),
the location of the pursuit,
the officer’s familiarity with the location, etc.
the safety of the general public,
the safety of the officers involved,
the safety of the occupants in the fleeing vehicle,
(9) Legal Intervention/Forcible Stops. A general term meaning the termination of a pursuit through the use of physical force or presence.
B R U H R C
(a) Channelization. A technique similar to a roadblock where objects are placed in the anticipated path of a pursued vehicle which tends to alter its direction. Examples of usable objects include: barricades, flare pots, pylons, and vehicles.
(b) Roadblocks. Establishing a physical impediment to traffic as a means for stopping a vehicle using signs, devices, actual physical obstructions, or barricades.
(c) Ramming*. The deliberate act of impacting a violator’s vehicle with another vehicle to functionally damage or otherwise force the violator’s
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vehicle to stop. The Pursuit Immobilization Technique (PIT) is a form of ramming and, if utilized, should be identified as such.
(d) Hollow Spike Strip. A device designed to be physically placed across the roadway directly in the path of a fleeing vehicle. As the vehicle passes over the strip, the hollow spikes pierce the tires, pull out of the strip, and cause the tires to deflate.
(e) Boxing-in. A technique designed to stop a violator’s vehicle by surrounding it with law enforcement vehicles and then slowing all vehicles to a stop.
(f) Use of Firearms*. The act of discharging a firearm at or from a moving vehicle for defense or apprehension shall be in conformance with Chapter 1 of this manual.
.
Pursuits ____ normally be limited to _____ departmental vehicles, the primary pursuit unit and the secondary pursuit unit. A supervisor who has joined in the pursuit and supervises the units would be an additional unit. However, the number of vehicles engaged in the pursuit may be adjusted to fit the situation with supervisory approval (e.g.,”
A N A L S
shall,
two,
armed* fugitives,
number* of suspects,
level* of threat,
threat setting*).
The supervisor shall consider the availability or involvement of allied* agency units in determining the number of departmental vehicles participating.
Pursuits shall normally be limited to two departmental vehicles, the primary pursuit unit and the secondary pursuit unit. A supervisor who has joined in the pursuit and supervises the units would be an additional unit. However, the number of vehicles engaged in the pursuit may be adjusted to fit the situation with supervisory approval (e.g.,
A N A L S
armed* fugitives,
number* of suspects,
level* of threat,
threat setting*).
The supervisor shall consider the availability* or involvement of allied agency units in determining the number of departmental vehicles participating.
(4) Discontinuing a Pursuit.
(a) An officer shall discontinue a pursuit when _______.
(b) Under certain circumstances the officer should discontinue a pursuit.
Such circumstances may include, but are not limited to:
D;
L E I A ;
RADIO ACKNOWLEDGE
directed by a supervisor.
1 The known circumstances of the pursuit present an extreme* safety hazard to the public, the officer, or the suspect (e.g., a heavy vehicle or pedestrian traffic volume, school zones, extreme speeds, weather conditions, traffic conditions, the availability of air support, or the officer’s lack of familiarity with the location).
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2 Information about the suspect’s identity* has developed during the pursuit which will allow later apprehension.
3 The pursued vehicle’s location* is no longer definitely known.
4 An allied* agency has been notified to discontinue their participation in the pursuit but refuses to do so. Additionally, if the pursuit tactics being used by the allied agency are not within CHP policy, officers shall discontinue the pursuit. In such cases, the allied agency shall be notified of the Department’s discontinuation of the pursuit.
(c) When discontinuing a pursuit, the supervisor or primary pursuit unit shall make radio contact with the officer(s) involved and ensure that the officer(s) acknowledge the order to discontinue the pursuit.
NOTE: Throughout a pursuit, those involved shall exercise sound professional judgment and balance the risks of pursuit (to both the public and the officers) against the known or reasonably suspected offense and the apparent need for apprehension. The decision to continue or discontinue the pursuit shall remain open to reassessment.
