Use of Force

Question 1

Where Can You Find FPD’s Use of Force Policy?

Answer 1

Section 300 in FPD Policy Manualko

Question 2

What is FPD’s Use of Force Policy?rv

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Answer 2

300.3 Officers shall use only that amount of force that reasonably appears necessary given the facts and gvSncircumstances perceived by the officer at the time of the event to accomplish a legitimate law enforcement purpose.dr

Question 3

What factors must be considered in regards to use of force?

Answer 3

Severity of threat, Conduct of Suspect, Effects of Drugs/ Mental State, Officer/ Suspect differences (size), Seriousness of offense, Potential for injury to officers or others.

Question 4

When can an Officer utilize a carotid control hold?

Answer 4

300.3.4
The subject is violent or physically resisting. The subject, by words or actions, has demonstrated an intention to be violent and reasonably appears to have the potential to harm officers, him/herself or others.

Question 5

When should officers avoid using the carotid?trif dj guide unj

Answer 5

300. 3.4
301. Females who are known to be pregnant
302. Elderly individuals
303. Obvious juveniles

Question 6

What must you do after the Carotid Control hold is Used?

Answer 6

300.3.4
Request Paramedics
Notify Supervisor
Notify person taking custody (WVDC)
Document its use in report

Question 7

When can an Officer Use Deadly Force?

Answer 7

300.4
An officer may use deadly force to protect him/herself or others from what he/she reasonably believes would be an imminent threat of death or serious bodily injury.

The person has a weapon or is attempting to access one and it is reasonable to believe the person intends to use it against the officer or another.

The person is capable of causing serious bodily injury or death without a weapon and it is reasonable to believe the person intends to do so.

And to stop a fleeing felon where threat of injury or death to public or officers is imminent.

Question 8

Can Officers shoot from a moving vehicle? Or at a Moving Vehicle?

Answer 8

300.4.1
Officers should move out of the path of an approaching vehicle instead of discharging their firearm at the vehicle or any of its occupants. An officer should only discharge a firearm at a moving vehicle or its occupants when the officer reasonably believes there are no other reasonable means available to avert the threat of the vehicle, or if deadly force other than the vehicle is directed at the officer or others.

Officers should not shoot at any part of a vehicle in an attempt to disable the vehicle

Question 9

Can Officers fire warning shots?

Answer 9

300.4.2
It is discouraged unless extreme circumstances dictate its use.

“Generally, warning shots fired for the purpose of summoning aid are discouraged and may not be discharged unless the officer reasonably believes that they appear necessary, effective and reasonably safe.”

Question 10

When is a use of force report required?

Answer 10

300.5
ny use of force by a member of this department shall be documented promptly, completely and accurately in an appropriate report, depending on the nature of the incident. The officer should articulate the factors perceived and why he/she believed the use of force was reasonable under the circumstances. Officers should take photographs of the suspect and any injuries sustained (or areas of complaints of pain) to the suspect. It is also recommended that officers take overall photographs of the suspect in order to document any lack of visible injuries.

Question 11

What should you do after force has been used?

Answer 11

1. Notify Supervisor -300.5.1
2. Give suspect Medical Attention - 300.6
3. Document Use of Force in report, Including taking photographs of injuries.- 300.5

Question 12

What are the Supervisor’s Responsibilities when an officer uses force?

Answer 12

300. 7
     (a) Obtain the basic facts from the involved officers. Absent an allegation of misconduct or excessive force, this will be considered a routine contact in the normal course of duties.

(b) Ensure that any injured parties are examined and treated.
(c) When possible, separately obtain a recorded interview with the subject upon whom force was applied.
(d) Once any initial medical assessment has been completed or first aid has been rendered, ensure that photographs have been taken of any areas involving visible injury or complaint of pain, as well as overall photographs of uninjured areas. These photographs should be downloaded into laser fiche.
(e) Identify any witnesses not already included in related reports.
(f) Review and approve all related reports.
(g) Evaluate the circumstances surrounding the incident and initiate an administrative investigation if there is a question of policy non-compliance or if for any reason further investigation may be appropriate.

Question 13

When can an officer use a Baton? What areas should be targeted?

Answer 13

308.5
The need to immediately control a suspect must be weighed against the risk of causing serious injury. The head, neck, throat, spine, heart, kidneys and groin should not be intentionally targeted except when the officer reasonably believes the suspect poses an imminent threat of serious bodily injury or death to the officer or others.

Question 14

Should Pepper Spray be used on groups or crowds who fail to disperse?

Answer 14

308.7
Pepper projectiles and OC spray should not, however, be used against individuals or groups who merely fail to disperse or do not reasonably appear to present a risk to the safety of officers or the public.

Question 15

When can Officers utilize pepper spray?

Answer 15

308.7
As with other control devices, oleoresin capsicum (OC) spray and pepper projectiles may be considered for use to bring under control an individual or groups of individuals who are engaging in, or are about to engage in violent behavior.

Question 16

What do you do after OC has been used?

Answer 16

308.8
Whenever tear gas or OC has been introduced into a residence, building interior, vehicle or other enclosed area, officers should provide the owners or available occupants with notice of the possible presence of residue that could result in irritation or injury if the area is not properly cleaned. Such notice should include advisement that clean up will be at the owner’s expense. Information regarding the method of notice and the individuals notified should be included in related reports.

Question 17

When can officers use bean bag rounds?

Answer 17

308. 9.1
     (a) The suspect is armed with a weapon and the tactical circumstances allow for the safe application of approved munitions.
     (b) The suspect has made credible threats to harm him/herself or others.
     (c) The suspect is engaged in riotous behavior or is throwing rocks, bottles or other dangerous projectiles at people and/or officers.
     (d) There is probable cause to believe that the suspect has already committed a crime of violence and is refusing to comply with lawful orders.

Question 18

When can an officer use a Taser?

Answer 18

309. 5.1
     (a) The subject is violent or is physically resisting.
     (b) The subject has demonstrated, by words or action, an intention to be violent or to physically resist, and reasonably appears to present the potential to harm officers, him/herself or others.

“Mere flight from a pursuing officer, without other known circumstances or factors, is not good cause for the use of the TASER device to apprehend an individual.”

Question 19

Generally, when should an officer NOT deploy the Taser?

Answer 19

309. 5.2
     (a) Individuals who are known to be pregnant.
     (b) Elderly individuals or obvious juveniles.
     (c) Individuals with obviously low body mass.
     (d) Individuals who are handcuffed or otherwise restrained.
     (e) Individuals who have been recently sprayed with a flammable chemical agent or who are otherwise in close proximity to any known combustible vapor or flammable material, including alcohol-based oleoresin capsicum (OC) spray.
     (f) Individuals whose position or activity may result in collateral injury (e.g., falls from height, operating vehicles).

Question 20

What should officers do after Taser has been deployed?

Answer 20

309.5.5
Officers shall notify a supervisor of all TASER device discharges. The probes are to be treated as biohazard material and disposed of accordingly (sharps container). The wires are to be collected from the scene and disposed of. The spent cartridge should be collected as evidence and booked into property.

Question 21

What are the Supervisor’s responsibilities after the Taser has been deployed?

Answer 21

309.8
When possible, supervisors should respond to calls when they reasonably believe there is a likelihood the TASER device may be used. A supervisor should respond to all incidents where the TASER device was activated.

A supervisor should review each incident where a person has been exposed to an activation of the TASER device. The device’s onboard memory should be downloaded through the data port by a supervisor or Rangemaster and saved with the related arrest/crime report. Photographs of probe sites should be taken and witnesses interviewed.

Question 22

Where can you find FPD’s OIS policy?

Answer 22

Section 310 of FPD Manual

Question 23

What are the Supervisor’s Duties in an OIS?

Answer 23

310. 5.1
     (a) Take all reasonable steps to obtain emergency medical attention for all known injured individuals.
     (b) Attempt to obtain a brief overview of the situation from any non-shooter officer(s).
     (c) If necessary, the supervisor may administratively order any officer from this department to immediately provide public safety information necessary to secure the scene and pursue suspects.
311. Public safety information shall be limited to such things as outstanding suspect information, number and direction of shots fired, parameters of the incident scene, identity of known witnesses and similar information.
     (d) Absent a voluntary statement from any officer(s), the initial on scene supervisor should not attempt to order any officer to provide other than public safety information.
     (e) Provide all available information to the Watch Commander, Critical Incident Commander, or the on-call Administrative Lieutenant and the Dispatch Center. If feasible, sensitive information should be communicated over secure networks.
     (f) Take command of and secure the incident scene with additional personnel until relieved by a detective supervisor or other assigned personnel.
     (g) As soon as practical, shooter officers should be transported (separately, if feasible) to the station for further direction.
312. Each involved officer should be given an administrative order not to discuss the incident with other involved officers pending further direction from a supervisor.
313. Officers should remain in their current uniform with the same gear as was present during the shooting until otherwise directed.
314. Officers who have fired their weapon(s) shall maintain the weapon(s) in the same condition as they were immediately following the firing of shots.
     (a) The cylinder of a revolver, the slide and magazine of a semi-automatic or the chamber of a shotgun shall not be opened, rotated or removed.
315. When an officer’s weapon is taken or left at the scene (e.g., evidence), the officer will be provided with a comparable replacement weapon or transported to the station by other officers.
316. Officers who have fired their weapon(s) shall maintain the weapon(s) in the same condition as they were immediately following the firing of shots.
317. Expended cartridge casings, which may have been ejected from the weapon during the shooting shall be left in place. They shall not be picked up or moved until authorized by the investigative team.
318. Officers with digital or video recordings of any kind shall maintain possession of these recordings until otherwise directed. Officers shall not alter, destroy, download or share any of these recordings until otherwise directed by a supervisor.
319. Any unit within the perimeter of the incident or involved in the incident will remain in place until otherwise directed by a supervisor.

Question 24

Who must be notified following an OIS?

Answer 24

310.5.3
The following person(s) shall be notified as soon as practical:
• Chief of Police
• Deputy Chief
• Appropriate Division Commander
• Critical Incident Team Commander or on-call Administrative Lieutenant
• Psychological/Peer support personnel
• Coroner (if necessary)
• Officer representative (if requested)
• PIO
All outside inquiries about the incident shall be directed to the Watch Commander and in his/her absence the C.I.T. Commander or on-call Administrative Lieutenant.

Question 25

What must the Supervisor do for all OIS involved Officers?

Answer 25

310.5.5
Once the involved officer(s) have arrived at the station, the Watch Commander should admonish each officer that the incident shall not be discussed except with authorized personnel or representatives. The following shall be considered for the involved officer:
(a) Any request for department or legal representation will be accommodated, however, no involved officer shall be permitted to meet collectively or in a group with an attorney or any representative prior to providing a formal interview or report (Government Code § 3303(i)).
(b) Discussions with licensed attorneys will be considered privileged as attorney-client communications.
(c) Discussions with department representatives (e.g., employee association) will be privileged; however, only as to the discussion of non-criminal information.
(d) The Counseling Team or equivalent shall be provided by the department to each involved officer or other involved employee(s) upon request.
1. Interviews with the Counseling Team will be considered privileged and will not be disclosed except to the extent that the officer is or is not fit for return to duty.
2. An interview or session with the Counseling Team may take place prior to the involved officer providing a formal interview or report, but the involved officers shall not be permitted to consult or meet collectively or in a group with the Counseling Team prior to providing a formal interview or report.
3. A follow-up interview will be required of the officer(s) directly involved in the shooting, or any other interviewed employee(s) where the Counseling Team deems a follow-up interview necessary, prior to clearance for duty.
(e) Although the department will honor the sensitivity of communications with peer counselors, there is no legal privilege to do such. Peer counselors are cautioned against discussing the facts of any incident with an involved or witness officer.
Care should be taken to preserve the integrity of any physical evidence present on the officer’s equipment or clothing, such as blood or fingerprints, until crime scene investigators can properly retrieve it.
Detectives shall make reasonable accommodations to the officer’s physical and emotional needs (Government Code § 3303(d)).
Each involved officer shall be given reasonable paid administrative leave following an officer-involved shooting. It shall be the responsibility of the Watch Commander to make schedule adjustments to accommodate such leave.

Question 26

Should Officers write their own OIS reports?

Answer 26

310.6.3
In the event that suspects remain outstanding or subject to prosecution for related offenses, this department shall retain the authority to require involved officers to provide sufficient information for related criminal reports to facilitate the apprehension and prosecution of those individuals (Government Code § 3304(a)).

While the involved officer may write the report, it is generally recommended that such reports be completed by assigned investigators who should interview involved officers as victims/witnesses. Since the purpose of these reports will be to facilitate criminal prosecution, statements of involved officers should focus on evidence to establish the elements of criminal activities by involved suspects. Care should be taken not to duplicate information provided by involved officers in other reports.

Nothing in this section shall be construed to deprive an involved officer of the right to consult with legal counsel prior to completing any such criminal report.
Reports related to the prosecution of criminal suspects will be processed according to normal procedures, but should also be included for reference in the investigation of the officer-involved shooting.

Question 27

What happens to an Officer’s weapon that was used in an OIS?

Answer 27

310.7.2
It is the responsibility of the Critical Incident Team Commander, or the on-call Administrative Lieutenant, or designee, to ensure that officer(s) whose weapons are taken as evidence and/or for functionality testing are promptly replaced with a like or comparable firearm. Any officer(s) receiving a replacement weapon will qualify with the replacement weapon prior to returning to duty.

Prior to the officer receiving his or her original weapon, the weapon will be inspected and test fired by a Range Master. The replacement weapon will also be inspected and test fired by a Range master prior to returning the weapon to the Critical Incident Commander or Property Division.

The releasing of firearms for departmental use under Lexipol Policy 804.6.8 (h)(1), where approval of the Chief of Police is required, does not apply when replacement firearms issued under this policy. The Critical Incident Team Commander, Administrative on-call Lieutenant, or designee are authorized to retrieve firearms from the safe or from the Property Division following an OIS.

Question 28

What should a supervisor do after an officer has been critically injured or killed?

Answer 28

310.8
n all situations wherein an officer of this agency is seriously injured or killed in the pursuit of any law enforcement or public safety matter, the Fontana Police Department’s “Serious Injury, Illness and/or Death in the Line of Duty Protocol” shall be activated (The protocol is located on the PD Intranet). Primary reporting of the incident is the responsibility of the agency in whose jurisdiction the incident occurs.

The Critical Incident Team Commander shall prepare a written administrative report of the facts of the case for the appropriate Division Commander and such report will be forwarded to the Chief of Police for review. In those situations requiring involvement of the San Bernardino County Sheriff’s Homicide Team and/or the San Bernardino County Sheriff’s M.A.I.T., the request for investigative assistance shall be made by the Critical Incident Team Commander or the on-call Administrative Watch Commander serving as the Critical Incident Team Commander.

Question 29

What is the FPD’s K9 deployment policy?

Answer 29

318.2
A canine may be used to locate and apprehend a suspect if the canine handler reasonably believes that 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 officer, or the handler.
(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.
(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 officers or the public.

Question 30

Can a K9 Handler Deploy for a mere 148?

Answer 30

318.2
Absent reasonable belief that an individual has committed or threatened to commit a serious offense, mere flight from pursuing officer(s) shall not serve as good cause for the use of a canine to apprehend the individual.

Question 31

Prior to K9 Deployment, what considerations need to be made?

Answer 31

318.2.1
(a) The individual’s age or estimate thereof.
(b) The nature of the suspected offense.
(c) Any potential danger to the public and/or other officers at the scene if the canine is released.
(d) The degree of resistance or threatened resistance, if any, the subject has shown.
(e) The potential for escape or flight if the police dog is not utilized.
(f) The potential for injury to officers or the public caused by the suspect if the canine is not utilized.


Question 32

When can a narcotics K9 be utilized?

Answer 32

318.2.3
(a) To assist in the search for narcotics during a search warrant service.
(b) To obtain a search warrant by using the detection canine in support of probable cause.
(c) To search vehicles, buildings, bags and any other articles deemed necessary.
A narcotic-detection canine will not be used to search a person for narcotics.

Question 33

When can an explosives detection (Bomb dog) be deployed?

Answer 33

318. 2.4
     (a) To assist in the search of a building, structure, area, vehicle or article where an actual or suspected explosive device has been reported or located.

(b) To conduct preventative searches at locations such as special events, VIP visits, official buildings and other restricted areas. Because a dog sniff may be considered a search, such searches of individuals should remain minimally intrusive and shall be strictly limited to the purpose of detecting explosives.
(c) To assist with searches at transportation facilities and vehicles (e.g., buses, airplanes and trains).
(d) To assist in the search of scenes where an explosion has occurred and an explosive device or secondary explosive device is suspected.
(e) At no time will a detection dog be used to render a suspected device safe or clear.