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Department Policy > Policy 300 > Flashcards

Policy 300 Flashcards

1
Q

What is policy 300?

A

Use of force policy

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2
Q

Policy 300

What is a use of force?

A

Any incident in which a department member, on or off duty, while performing a law enforcement function, overcomes resistance through the application of physical contact or other force option

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3
Q

Policy 300

What is deadly force?

A

Force that creates a substantial risk of serious physical injury or death.

Non-deadly force is any other physical force

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4
Q

Policy 300

What is Serious physical injury?

A

Physical injury which creates a substantial risk of death, or causes death or serious and protracted disfigurement, protracted impairment of health or protracted loss or impairment of the function of any bodily organ

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5
Q

Policy 300

What is Physical Force?

A

Striking, holding, pulling, pushing, throwing, or exceeding strength against another person

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6
Q

Policy 300

Factors used to determine the reasonableness of Force?

A
  1. The conduct of the individual being confronted
  2. Member/subject factors (age, size, relative, strength, exhaustion etc)
  3. Influence of drugs/alcohol
  4. Proximity of weapons
  5. Seriousness of offense
  6. Time and circumstances permitting the availability of other options (resources available to the deputy)
  7. Training/experience of deputy
  8. Potential for injury to citizens, members and suspects
  9. Risk of escape
  10. Other existent circumstances
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7
Q

Policy 300

What are non-deadly force applications ?

A 
Control holds/take downs
Chemical agents
Electronic Control Weapons
Less lethal weapons
Batons
Personal body weapons
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8
Q

Policy 300

What should deputies utilizing control techniques consider?

A
  1. The potential for injury to the member and others if the technique is not used
  2. The potential risk of serious injury to the individual being controlled
  3. The degree to which pain compliance may be applied should be proportionate to the amount of resistance by th he suspect.
  4. The nature of the offense involved
  5. The level of resistance of the individual involved
  6. The need for prompt resolution of the situation
  7. If time permits, other reasonable alternatives.
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9
Q

Policy 300

When is deadly force justified?

A
  1. to protect himself or others from what he believes would be an immediate threat of death or serious bodily injury
  2. To stop a fleeing felon who he has probably cause to believe the felon has committed or intends to commit, a felony involving the infliction or threatened infliction of serious bodily injury or death and the deputy reasonably believes that there is an imminent threat or future threat of serious bodily injury or death if the suspect is not immediately apprehended.

If feasible members shall give warnings prior to the use of deadly force

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10
Q

Policy 300

Warning shots

A

Generally warning shots are discouraged and may not be fired unless the member reasonably believes that they appear necessary, effective and reasonably safe.

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11
Q

Policy 300

Report of weapon discharge?

A

If weapon is Intentionally discharged, on or off duty while exercising police powers, shall notify the Department Commander as soon as circumstances permit

If weapon is unintentionally discharged he should notify his immediate supervisor and the department commander as soon as possible.

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12
Q

Policy 300

What are the post Use of Force Procedures?

A

The UOF shall be documented by the deputy promptly, completely, and accurately in an appropriate report.

Department personnel may Review OCSD Audi/video recordings as a means to ensuring accuracy and enhancing recollection.

That fact shall be documented in the report

EXCEPTIONS to reporting, if UOF involves a response from homicide or DA will supersede the sgt’s entering a report in the CRM. This will be done by IA.

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13
Q

Policy 300

What is the Less Lethal Reporting Protocol?

A
  1. Anytime the 40 mm or 12 Gauge Super sock (bean Bag) are deployed and the suspects sustains serious bodily injury or is hospitalized, the homicide unit SHALL be notified, via the department commander and be responsible for conducting the investigation.
    Hospitalization is defined as receiving some form of medical treatment other than an X-ray or being cleared for booking.
  2. In the event homicide does not respond the supervisor shall respond and conduct an investigation.

When homicide responds it will make available basic statistical information necessary for Internal affairs to enter the initial notification of use of force in the CRM database.

  1. If a 40mm or 12 gauge super sock misfires/ or round is primed but fails to fire HDS will respond and render the the round safe. If weapon malfunction it shall immediately be taken out of service and inspected by swat or the armory.
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14
Q

Policy 300

What are the handling supervisor’s responsibilities?

A
  1. Shall obtain the basic facts from the involved deputy.
  2. Ensure any injured parties are examined and treated
  3. Separately interview subject(s) upon whom force was applied. The first stage of questions should be related to injuries sustained and if the subject has received medical attention. Prior to investigatory questions the supervisor will advise the subject of his Miranda rights. The entire interview will be recorded.
  4. Ensure photographs have been taken of any areas involving visible injuries or complaint of pain as well as overall photographs of uninjured areas. PC4030
  5. Identify and interview any witnesses not already included in related reports.
  6. Complete a summary of the audio and video recordings and include with the incident documentation.
  7. When possible review and approve all related reports
  8. Complete the “Preliminary Notification “ in CRM as soon as practical as well as the “Supervisory Use of Force Analysis report to include assigning a determination to each member involved as:
    (A) Use of Force within policy-no further action required

(B) Use of Force within policy-Training or corrective action addressed

(C) Refer to command staff with a recommendation for internal affairs investigation

  1. Scan and attach all related reports to notes section in CRM
  2. Forward electronically to assigned Lieutenant for review
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15
Q

Policy 300

Lieutenants Responsibility

A

Review and evaluate all reports

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16
Q

When can a deputy use force?

A
  1. To effect an arrest
  2. Prevent escape
  3. Overcome resistance

Deputy does not need to retreat or desist from his efforts

Penal code 835a, 836.5(b)

Department Policy (9 decks)

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