K9 Policy

Question 1

What Lexipol policy covers canines?

Answer 1

Lexipol 318

Question 2

Per Lexipol 318.2, A canine can be employed when?

Answer 2

> > To locate and apprehend a suspect IF the canine handler reasonably believes the individual has either COMMITTED or THREATENED TO COMMIT any SERIOUS offense AND if any of the following conditions exist:

A. There is a reasonable belief that the individual poses an imminent threat of violence or serious harm to the public, any deputy, or the handler, OR

B. The individual is physically resisting or threatening to resist arrest and the use of a canine reasonably appears to be necessary to overcome such resistance, OR

C. The individual(s) is/are believed to be concealed in an area where entry by other than the canine would pose a threat to the safety of deputies or the public.

Question 3

Per Lexipol 318.2, when may a canine be used outside the primary parameters outlined in Lexipol 318.2?

Having committed or threatened to commit a serious offense, AND

1. REASONABLE BELIEF individual poses an IMMANENT THREAT OF VIOLENCE or SERIOUS HARM to the public, any deputy, or the handler, OR
2. individual is physically RESISTING or THREATENING to RESIST arrest, and the use of a canine reasonably appears to be necessary TO OVERCOME such resistance (835a PC), OR
3. individual is believed to be CONCEALED in an area where entry by other than the canine would pose a threat to the safety of deputies or the public (Robinette v. Barnes, 1988)

Answer 3

Lexipol 318.2:

It is recognized situations may arise that do not fall within the provisions set forth in this policy.

In any such case, a STANDARD OF OBJECTIVE REASONABLENESS shall be used to review the decision to use a canine in view of the TOTALITY of the circumstances (per Tennessee v. Gardner, 1985 and Graham v. Connor, 1989)

Question 4

Per Lexipol 318.2, other than as specifically provided, when can a canine be deployed?

Answer 4

It is recognized that situations may arise that do not fall within the provisions set forth in this policy. In any such case, a standard of objective reasonableness shall be used to review the decision to use a canine in view of the totality of the circumstances.

Question 5

What does Lexipol 318.2 say regarding the use of a canine in cases involving mere flight from deputies?

Answer 5

Absent reasonable belief that an individual has committed or threatened to commit a serious offense, mere flight from pursuing deputy(s) shall not serve as good cause for the use of a canine to apprehend the individual.

Question 6

Considerations prior to use of a canine

Answer 6

Lexipol 318.2.1
Prior to the use of a canine to search for or apprehend any individual, the canine handler and/or the supervisor on scene shall carefully consider all pertinent information that is reasonably available at the time. The information should include, but is not limited to, the following:

1. The individual’s age or estimate thereof
2. The nature of the suspected offense
3. Any potential danger to the public and/or other deputies at the scene if the canine is released
4. The degree of resistance or threatened resistance, if any, the subject has shown
5. The potential for escape or flight if the canine is not utilized

The potential for injury to deputies or the public caused by the suspect if the canine is not utilized

Question 7

When may narcotic detection-trained canines be utilized for narcotics detection?

Answer 7

318.2.3 USE OF NARCOTIC-DETECTION CANINES
A narcotic detection-trained canine may be used in accordance with current law under the following circumstances:

To assist in the search for narcotics during a search warrant service

To obtain a search warrant by using the narcotic detection-trained canine in support of probable cause

To search vehicles, buildings, bags, and any other articles deemed necessary

A narcotic detection-trained canine will not be used to search a person for narcotics.

Question 8

When may canines be used to assist outside agencies?

What are the controlling factors?

Answer 8

318.3.1 REQUEST FOR ASSISTANCE FROM OTHER AGENCIES
The Watch Commander or Shift Sergeant or the Unit Coordinator must approve all requests for canine assistance from outside agencies, subject to the following provisions:

1. Canine teams shall not be used for any assignment that is not consistent with this policy.
2. The handler has the ultimate authority to decide whether the canine should be used for any specific assignment.
3. Canine teams shall not be called out while off-duty or used outside the boundaries of the County of Santa Barbara County unless authorized by the Watch Commander or Shift Sergeant or the Unit Coordinator.

It shall be the responsibility of the canine handler to coordinate with outside agency personnel in order to minimize the risk of unintended injury.