Policy 300 UofF Flashcards
300.1 Sanctity of Life
To safeguard life, dignity, and liberty of all persons.
Officers shall demonstrate this principle w/public
department is committed to accomplishing goal with the follow before use of force is applied:
- minimal reliance on UofF
- rapport building communication
- crisis intervention
- deescalation
- Respect sanctity of all human life
- preserve all human life
- do everything possible to avoid UofF
- and use minimal force
300.1.2 Use of Force standard
What is the use of force standard?
Officers SHALL use alternatives to physical force whenever REASONABLY possible.
In all cases where physical force is used, officers SHALL use a minimum amount if force that is OBJECTIVELY NECESSARY, and PROPORTIONAL to effectively and safely resolve a conflict
Based on Gram v Connor 1989 (reasonable force standard) and Tennessee v Gardner (fleeing felon)
- PC 835(a) imposes further restrictions, can use force to effect an arrest, prevent an escape or overcome resistance. Need not retreat or desist from efforts due to deodorants or threatened resistance, or shall officer be deemed aggressor or lose right to self defense to Effect an arrest prevent escape or overcome residence.
This policy is more restrictive than Cpnstitutional Law and State law in 2 respects:
1- higher duty for LE to use minimal force to objectively / necessary amount of force to achieve legitimate law enforcement objective
2- stricter obligation to use only amount of force that is objectively proportional to the circumstances, to consider seriousness of crime, the availability of deescalation and other less aggressive tactics and the risks of harm presented to the members of the public and the officers involved
PC 835(a)
PC 835(a) imposes further restrictions, can use force to effect an arrest, prevent an escape or overcome resistance. Need not retreat or desist from efforts due to deodorants or threatened resistance, or shall officer be deemed aggressor or lose right to self defense to Effect an arrest prevent escape or overcome residence, however:
1- must have sanctity of human life
2- only use deadly force when necessary to protect human life, but must use other resources / techniques if reasonably safe and feasible to an objectively reasonable officer
3-officer must consider gravity and seriousness of using force
4- UofF shall be evaluated from perspective of reasonable officer in same situation, based on totality of circumstances known to officer at the time, and not hindsight, and totality of circumstances shall account for split second decisions
5- officers shall consider person with physical, mental developmental and intellectual disabilities.
b) if officer has reasonable cause committed a public offense, officer may use reasonable force to effect the arrest, prevent escape, or overcome resistance
(c) (1) can use deadly force only when officer reasonably believes, based on totality of circumstances that such force is necessary for the following reasons:
- (A) defend against imminent threat of death or serious bodily injury to another person.
- (B) to apprehend feeling felon, if officer reasonably believes that person may cause death or serous bodily injury upon another person or self, if not apprehended. Where feasible, prior to force, make reasonable efforts to Identify the self as officer, and give warning about deadly force, unless officer has objective reasonable grounds to believe Person is aware of those facts.
- (2) officer shall not use deadly force upon person who poses danger to themselves, if objectively reasonable officer believes person does not pose immediate threat of death or serious bodily injury or death to another person or self.
(d) A peace officer who makes or attempts to make an arrest need not retreat or desist from their efforts by reason of the resistance or threatened resistance of the person being arrested. A peace officer shall not be deemed an aggressor or lose the right to self-defense by the use of objectively reasonable force in compliance with subdivisions (b) and (c) to effect the arrest or to prevent escape or to overcome resistance. For the purposes of this subdivision, “retreat” does not mean tactical repositioning or other deescalation tactics.
(e) For purposes of this section, the following definitions shall apply:
(1) “Deadly force” means 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.
(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.
(3) “Totality of the circumstances” means all facts known to the peace officer at the time, including the conduct of the officer and the subject leading up to the use of deadly force.
PC 835
True or false:
“Retreat” does not mean tactical repositioning or other deescalation tactics?
TRUE
PC 835a
True or false
Deadly force” means 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.
TRUE
PC 835a
Imminent danger
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
300.1.3 CORE PRINCIPALS UofF
What are the core principals of UofF?
A- deescalation and force minimization
B- proportionality
C- minimizing the use of deadly force
D- duty to intercede
E- vulnerable populations
F- foster strong community relationships
G- Fair and Impartial policing (policy 401)
Use of Force Definitions 300.1.4
Minimal amount necessary
The least amount of force within a range that is objectively reasonable and objectively necessary to safely effect arrest or achieve some other legitimate law enforcement purpose
Use of Force Definitions 300.1.4
Deadly force
Any use of force that creates a substantial risk of causing death or serious bodily injury, including, but not limited to, discharge of a firearm
Use of Force Definitions 300.1.4
Feasible
Reasonably capable of being done or carried out under the circumstances to successfully achieve the arrest or lawful objective without increasing risk to the officer or another person
Use of Force Definitions 300.1.4
Force
The application of physical techniques or tactics, chemical agents or weapons to another person.
It is not a use of force when a person allows themselves to be searched, escorted, handcuffed or restrained
Use of Force Definitions 300.1.4
Less-than-lethal
Any use of force which, due to possible physiological effects of application, presents less potential for causing death or serious injury than conventional lethal force options.
Less-than-lethal force options include, but are not limited to, a specialized launcher, or other authorized device that can discharge, fire, launch or otherwise propel single or multiple flexible or non-flexible projectiles designed to cause physiological effects consistent with blunt force impact.
Use of Force Definitions 300.1.4
Non-lethal force
Any use of force other than lethal force or less than lethal force
Use of Force Definitions 300.1.4
Passive resistive
When an individual does not follow the lawful commands of a police or officer, but does not physically resist in any way
Example- person goes limp, sits down, refuses to stand or walk. May stand with arms at side and without attempting to strike or physically resist officer
Use of Force Definitions 300.1.4
Serious bodily injury
A bodily injury that creates substantial risk of death, causes serious, permanent disfigurement or results in a prolonged loss or impairment of the functioning of any bodily member or organ
Use of Force Definitions 300.1.4
Objectively Reasonable
Means that An officers conduct will be evaluated through the eyes of the hypothetically reasonable officer standing in the shoes of the involved officer
Use of Force Definitions 300.1.4
Totality of the circumstances
All facts known to the officer at the time of the event, including including the conduct of the officer and the subject leading up to the use of force
300.2 DUTY TO INTERCEDE
officers observe unreasonable force shall immediately take reasonable action to mitigate suck force.
May include- verbal or physical intervention
If officer Learns of unreasonable force, even if he/she did not witness it personally, shall promptly report suck use of force to a Sgt or command officer at the first opportunity
If officer observes unreasonable force by another agency, he/she promptly report such use of force to On duty SGT or cam and officer at first opportunity
300.3 USE OF FORCE TO EFFECT AN ARREST
1- Any peace officer may use objectively reasonable, objectively necessary, and proportional force to effect an arrest, to prevent escape, or to overcome resistance
2- A peace officer who makes or attempts to make an arrest need not retreat or desist from his/her efforts by reason of resistance or threatened resistance on the part of the person being arrested
3- nor shall an officer be deemed the aggressor or loop lose his/her right to self-defense by the use of reasonable force to effect the arrest, prevent escape, or to overcome resistance
4- For the purpose of this policy, “retreat” does not mean tactical repositioning or other de-escalation tactics.
300.3.1 FACTORS USED TO DETERMINE THE REASONABLENESS, NECESSITY, AND PROPORTIONALITY OF FORCE
A- The apparent immediacy and severity of the threat to officers or others.
B- The conduct of the individual being confronted, as reasonably perceived by the officer at the time.
C- Officer/subject factors (age, size, relative strength, skill level, injuries sustained, level of exhaustion or fatigue, the number of officers available vs. subjects).
D-The conduct of the involved officer.
E- The effects of drugs or alcohol.
F- The individual’s apparent mental state or capacity.
G- The individual’s apparent ability to understand and comply with officer commands.
H-Proximity of weapons or dangerous improvised devices.
I- The degree to which the subject has been effectively restrained and his/her ability to resist despite being restrained.
J- The availability of other reasonable and feasible options and their possible effectiveness.
K- Seriousness of the suspected offense or reason for contact with the individual.
L- Training and experience of the officer.
M- Potential for injury to officers, suspects, bystanders, and others.
N- Whether the person appears to be resisting, attempting to evade arrest by flight, or is attacking the officer.
O- The risk and reasonably foreseeable consequences of escape.
P- The apparent need for immediate control of the subject or a prompt resolution of the situation.
Q- Whether the conduct of the individual being confronted no longer reasonably appears to pose an imminent threat to the officer or others.
R- Prior contacts with the subject or awareness of any propensity for violence.
S- Any other exigent circumstances.
300.3 USE OF FORCE TO EFFECT AN ARREST
TRUE OR FALSE
one of the key factors in determining what level of force is objectively reasonable, objectively necessary, and proportionate in a given situation is the level of resistance that an officer encounters. In general, the less resistance an officer faces, the less force the officer should use
TRUE
300.3 USE OF FORCE TO EFFECT AN ARREST
COMPLIANCE
Compliant – In general, when dealing with a compliant person, officers may rely on police presence and/or verbal control techniques, but should not use greater force.
300.3 USE OF FORCE TO EFFECT AN ARRES
PASSIVE RESISTANCE
Passive resistance – In general, when dealing with a suspect involved in passive resistance, officers may rely on police presence, verbal control techniques, or control holds, but should not use greater force.
300.3 USE OF FORCE TO EFFECT AN ARREST
ACTIVE RESISTANCE
Active resistance – In general, in dealing with a suspect involved in active resistance, in addition to the options available for passive resistance, officers may rely on pain compliance techniques or takedowns, but should not use greater force.
300.3 USE IF FORCE TO EFFECT AN ARREST
COMBATIVE RESISTANCE
Combative resistance – In general, in dealing with a suspect involved in combative resistance, officers have all use-of-force options available to them, but deadly force shall only be used in compliance with this policy as described in Section 300.4.
300.3.2 USE OF FORCE CONTINUUM
TRUE OR FALSE
The Department does not “use of force continuum” that refers to the concept that there are reasonable responses for every threat an officer faces in a hostile situation.
FALSE
1- The Department uses “use of force continuum” that refers to the concept that there are reasonable responses for every threat an officer faces in a hostile situation.
ADDITIONAL:
2- The force utilized need not be sequential (e.g., gradual or preceded by attempts at lower levels of force) if those lower levels are not appropriate.
3- All Uses of Force must be objectively reasonable, objectively necessary, and proportional, based on a totality of the circumstances.
4- All progressions must rest on the premise that officers shall escalate and de-escalate their level of force in response to the subject’s actions.
300.3.2 USE OF FORCE CONTINUUM
OFFICER PRESSENCE
Officer Presence — No force is used. Considered the best way to resolve a situation.
The mere presence of a law enforcement officer works to deter crime or diffuse a situation.
Officers’ attitudes are professional and nonthreatening.
300.3.2 USE OF FORCE CONTINUUM
Verbalization — Force is not physical.
Officers issue calm, nonthreatening commands, such as “Let me see your identification and registration.”
Officers may increase their volume and shorten commands in an attempt to gain compliance. Short commands might include “Stop,” or “Don’t move.”
300.3.2 USE OF FORCE CONTINUUM
WEAPONLESS DEFENSE
Weaponless defense — Officers use bodily force to gain control of a situation.
Pain Compliance and control holds.Officers use grabs, holds and joint locks to restrain an individual.
300.3.2 USE OF FORCE CONTINUUM
PERSONAL BODY WEAPONS
Personal body weapons.Officers may use punches and kicks to restrain an individual.
300.3.2 USE OF FOCRCE CONTINUUM
LESS THAN LETHAL
Less-Lethal Force Methods — Officers use less-lethal technologies to gain control of a situation.
Blunt impact.Officers may use a baton or projectile to immobilize a combative person.
Chemical. Officers may use chemical sprays or projectiles embedded with chemicals to restrain an individual (e.g., pepper spray).
300.3.2 USE OF FORCE CONTINUUM
LETHAL FORCE
Lethal Force — Officers may use lethal weapons only in compliance with Section 300.4.
300.3.3 USE OF FORCE TO SEIZE EVIDENCE
In general, officers may use reasonable force to lawfully seize evidence and to prevent the destruction of evidence.
However, officers are discouraged from using force solely to prevent a person from swallowing evidence or contraband.
In the instance when force is used, officers should not intentionally use any technique that restricts blood flow to the head, restricts respiration or which creates a reasonable likelihood that blood flow to the head or respiration would be restricted.
Officers are encouraged to use techniques and methods taught by the Berkeley Police Department for this specific purpose.
300.3.4 DE-ESCALATION TACTICS
De-escalation tactics and techniques are actions used by officers which seek to minimize the need to use force during an incident.
Such tactics and techniques may increase the likelihood of voluntary compliance when employed and shall be used when it is safe to do so,
De-escalation tactics emphasize slowing an incident down to allow time, distance and flexibility for the situation to resolve.
Officers shall continually assess the dynamics of a situation, and modulate their response and actions appropriately.
Officers may be justified in using force at one moment, but not justified in using force the next moment due to a change in dynamics.
The application of these tactics is intended to increase the potential for resolution with a minimal reliance on the use of force, or without using force at all.
300.3.4 DE-ESCALATION TACTICS
TRUE OR FALSE
If immediate action is not necessary, an officer(s) shall attempt to use verbal de-escalation techniques. When available and when practicable, a Crisis Intervention Team (CIT) officer, crisis negotiator, or Berkeley Mental Health Mobile Crisis Team member shall be called upon as a resource.
True
300.3.4 DE-ESCALATION TACTICS
TURE OR FALSE
Officers shall gather information about the incident, assess the risks, assemble resources, attempt to slow momentum and communicate and coordinate a response.
True
300.3.4 DE-ESCALATION TACTICS
TRUE OR FALSE
In their interaction with subjects, officers are not obligated in giving advisements, warnings, verbal persuasion and other tactics and alternatives to any levels of force
FALSE
In their interaction with subjects, officers should use advisements, warnings, verbal persuasion and other tactics and alternatives to any levels of force
300.3.4 DE-ESCALATION TACTICS
TRUE OR FALSE
Officers should move to a position that is tactically more secure or allows them greater distance to consider or deploy a greater variety of force options.
TRUE
300.3.4 DE-ESCALATION TACTICS
De-escalation techniques may include:
1- verbal persuasion
2- warnings
3- tactical de-escalation techniques, such as: slowing down the pace of an incident; “waiting out” subjects; creating distance (and thus the reactionary gap) between the officer and the threat; and requesting additional resources (e.g., specialized units, mental health care providers, negotiators, etc.) to resolve the incident.
