3.6 - Use of Force

California Highway Patrol | Standard Operating Procedures

Purpose of Use of Force:

• Establishes procedures for the use of non-deadly and deadly force.

Policy when applying Use of Force:

• Department employees shall only use non-deadly or deadly force in compliance with the law, Department procedures and proper training to further enforcement action.

Definitions:

• DEADLY FORCE –

  • Force which creates a substantial risk of serious bodily injury.

• DEADLY WEAPON

  • A loaded or unloaded firearm;

  • A destructive device, weapon, device, Taser, or electronic stun weapon, equipment, chemical substance, or other material that, in the manner, it is used, or could ordinarily be used, or is intended to be used, is readily capable of causing serious bodily injury; and (Exception: A Taser, electronic stun weapon, chemical or other device designed to temporarily incapacitate a person are not considered deadly weapons, if properly used, by a properly trained, law enforcement officer in accordance with the lawful execution of official duties.)

  • An animal which is: a. Readily capable of causing serious bodily injury, and b. Used in the commission or attempted commission of a crime. Note: A device such as a heavy metal flashlight or nightstick could be construed to be a deadly weapon if misused by an employee. 4. A biological disease, virus or organism which is capable of causing serious bodily injury.

• INVOLVED OFFICER(s)

  • An officer(s) who used or allegedly used deadly force or the officer who interacted with the subject immediately prior to the serious bodily injury or death. “Involved” does not include officers who may have witnessed the actions of another officer or civilian.

• SERIOUS BODILY INJURY

  • Bodily injury which creates a substantial risk of death or causes serious permanent disfigurement, unconsciousness, extreme pain, permanent or protracted loss, impairment of the function of a bodily member or organ or loss of a Fetus

• USE OF FORCE INSTRUCTORS

  • Department personnel who are certified as instructors in the areas of firearms, control tactics, Precision Immobilization Technique (PIT) or Conducted Electrical Weapon (CEW) use.

Use of Force Procedure:

• Employees shall not:

  • Discharge any warning or disabling shots to apprehend a person;

  • Discharge any shots at or from a vehicle unless the offender is employing deadly force against the employee or another citizen;

  • Use non-deadly or deadly force against a person who is merely verbally abusive.

  • The use of deadly force against persons by employees shall be restricted to the following:

    • The officer reasonably believes the force is necessary to prevent serious bodily injury to the officer or a third person or the commission of a forcible felony;

    • The officer reasonably believes the force is necessary to effect an arrest for a felony and the officer believes.

  • The crime for which the arrest is made involved conduct including the use or threatened use of deadly force or serious bodily injury.

  • There is a substantial risk the person to be arrested will cause death or serious bodily injury if apprehension is delayed.

  • The officer should give a warning, if feasible, to the person against whom the deadly force is to be used.

  • An officer who has an arrested person in custody is justified in using deadly force to prevent the escape of the arrested person from custody only if the officer:

  • Has probable cause to believe deadly force is necessary to prevent the escape from custody 3 of a person who the officer has probable cause to believe poses a threat of serious bodily injury to the officer or a third person; and has given a warning, if feasible, to the person against whom the deadly force is to be used.

  NOTE: Officers shall take into account the potential risk of injury to innocent persons when considering the use of deadly force.

Each employee involved in a use of force incident shall: 1. Immediately report all instances of the use of force to the appropriate district; 2. Provide appropriate medical aid, (e.g. first aid, CPR, or activation of available EMS) after the use of lethal or less than lethal force, if needed; and Complete all applicable sections of the California Highway Patrol Trooper Involved Shooting as outlined in Indiana State Police Officer Involved report and await Review.