Purpose
The San Andreas Department of Public Safety (DPS), including the Los Santos Police Department (LSPD) and San Andreas State Police (SAST), is committed to protecting and preserving human life. This responsibility includes the lives of officers, civilians, victims, suspects, and individuals being taken into custody. Officers may only use force in furtherance of a legitimate law-enforcement objective and only when the force used is objectively reasonable under the totality of the circumstances confronting the officer at the time. Whenever reasonably safe and feasible, officers should attempt to resolve incidents through communication, positioning, time, distance, cover, crisis intervention, and de-escalation. Officers are not required to unnecessarily endanger themselves or others by attempting lower levels of force when circumstances reasonably require immediate action. The reasonableness of force shall be evaluated from the perspective of a reasonable officer facing the same circumstances, rather than with the benefit of hindsight. Graham v. Connor, 490 U.S. 386 (1989) serves as a reference for the Department’s objective-reasonableness standard. As used in this policy, deadly force means force that creates a substantial risk of causing death or great bodily harm.De-Escalation
Whenever safe and feasible, officers will attempt to utilize de-escalation tactics and techniques in a manner consistent with the De-Escalation SOP.Duty to Intervene
Any officer present and observing another officer using excessive force, engaged in unlawful conduct, or in violation of the Department’s Code of Conduct has an affirmative obligation to intervene and to report without regard for chain of command or experience of the personnel involved. An officer shall intervene, only if circumstances are such to safely do so and if the force in question is clearly beyond what is objectively reasonable under the circumstances. Any officer observing the use of excessive force shall notify an uninvolved supervisor as soon as practicable. No officer may be discharged, disciplined, demoted, or otherwise discriminated against because the officer intervened to prevent what they believed was excessive force or reported, or is believed to have reported, excessive force.Use of Force Continuum
The Department uses a Use of Force Continuum as a decision-making framework. The continuum is not a rigid step-by-step ladder, and officers are not required to attempt every lower level of force before using a higher level when the circumstances reasonably require otherwise. Officers may escalate or de-escalate as a subject’s behavior, resistance, threat, and surrounding circumstances change. At every level, the force selected must remain objectively reasonable and proportional to the circumstances.Level 1 — Professional: Officer Presence
No physical force is used. Professional presence, positioning, lawful interaction, and visible police authority may be sufficient to prevent or resolve a confrontation.Level 2 — Tactical: Verbal Commands and De-Escalation
Officers use clear lawful commands, communication, persuasion, crisis intervention, and other reasonable de-escalation techniques without physical force.Level 3 — Threshold: Physical Control
Officers may use reasonable physical control to make a lawful arrest, overcome active resistance, prevent escape, or protect a person. This may include grabs, holds, control techniques, takedowns, ground control, restraints, and reasonable defensive strikes.Level 4 — Harmful: Less-Lethal Force
Approved less-lethal force may be used when objectively reasonable to overcome significant active resistance, assaultive behavior, or an articulable threat of physical harm. This may include OC spray, Electronic Control Devices (ECD/Tasers), batons, impact projectiles, and other department-approved less-lethal options.Level 5 — Lethal: Deadly Force
Deadly force may only be used when objectively reasonable under the circumstances, including when an officer reasonably believes an imminent threat of death or great bodily harm exists as further described in the Deadly Force section of this policy. The existence of the continuum does not require an officer to progress through each level in order.Non-Deadly Force
Oleoresin Capsicum Spray (OC Spray)
Officers may use OC spray when they reasonably believe they are facing active resistance, or its threat, from the subject. OC spray is not to be used against subjects who are offering only passive resistance. Officers shall only direct OC spray in a manner as prescribed by the Department through approved training. OC spray shall not be used once an individual is subdued and under control. High-volume OC delivery systems (larger than MK-9) will only be used as outlined below. If practical, the individual on whom OC spray was used should be provided with an opportunity to eliminate the effects of the irritant by washing and flushing the affected areas with water.Specialized Chemical Irritant Delivery Systems
Specialized chemical irritant delivery systems include the following:- High-volume OC delivery systems (larger than MK-9)
- Projectile-delivered chemical irritants (OC or CS)
- Hand-thrown chemical irritant canisters (OC or CS)
- Dispersal of unlawful assembly
- The incident commander has declared an unlawful assembly and made the decision to disperse a crowd as outlined in the Department Demonstrations and Assemblies SOP.
- Appropriate warnings have been provided as outlined in the Department Demonstrations and Assemblies SOP.
- The crowd has been provided reasonable time to disperse but has not dispersed voluntarily.
- Unlawful behavior resulting in the unlawful assembly declaration is continuing.
- The incident commander determines that the use of specialized chemical irritant delivery systems is reasonably necessary to do one or more of the following:
- Protect officers or others from imminent physical harm;
- Respond to specific acts of violence or property damage;
- Disperse the crowd without utilizing more intrusive levels of force.
- Avenues of egress for the crowd exist.
- Officers involved are appropriately equipped and notified that use of specialized chemical irritant delivery systems is imminent.
- The incident commander should also balance the immediate need for the use of specialized chemical irritant delivery systems (the severity and volume of unlawful activity) with the potential for adverse impact of said use (effect on uninvolved persons; visibility/traffic concerns; etc.).
- The incident commander has approved use.
- Criteria for an unlawful assembly exists.
- An urgent and immediate threat of physical harm to officers or others exists.
- The risk of immediate physical harm is such that approval from the incident commander for deployment cannot be sought without unreasonably risking the safety of officers or others.
- Addressing the immediate threat by use of other force options is not practical or would be ineffective.
- Avenues of egress for the crowd exist.
- Deploying officers will notify the incident commander of the use of specialized chemical irritant delivery systems as soon as practical.
- The decision has been made that intervention/resolution is required, consistent with the Barricaded Persons Incidents SOP.
- Attempts to resolve the incident without tactical intervention have failed.
- Legal authority to enter the area occupied by the suspect/subject exists.
- The subject/suspect is armed or reasonably believed to be armed, or other circumstances suggest that tactical entry creates a significant risk to officers or others.
- The incident commander determines that the use of specialized chemical irritant delivery systems is reasonably necessary to attempt to get the suspect/subject to exit (when avenues of egress/exit are available) or to facilitate safer employment of other tactical interventions.
- Officers involved are appropriately equipped and notified that use of specialized chemical irritant delivery systems is imminent.
- The incident commander should balance the need for the use of specialized chemical irritant delivery systems with the potential for adverse impact of said use (effect on uninvolved persons; visibility/traffic concerns; etc.).
- Specialized chemical irritant delivery systems deployed to the interior of a dwelling must be nonpyrotechnic, unless deadly force is justified. This excludes pyrotechnic chemical munitions designed for interior use or delivered in an approved “burn box” or other similar device.
- Specialized chemical irritant delivery systems should only be deployed by projectile if it is unsafe or impractical to deploy manually. Projectiles should be deployed in a manner to reduce the risk of striking a person.
- The incident commander has approved use.
- All of the criteria described above for command approved deployment are present;
- An urgent and immediate threat of physical harm to officers or others exists;
- The risk of immediate physical harm is such that approval from the incident commander for deployment cannot be sought without unreasonably risking the safety of officers or others.
Electronic Control Device (ECD/Taser) Use
An approved electronic control device (ECD) may only be utilized by officers who have successfully completed training in its use. Deployment and use of the electronic control devices will be in accordance with Department training and procedure. In cases where a subject is believed to be armed with a dangerous weapon, an ECD is not a substitute for deadly force. In such situations, an officer should not be armed with an ECD without another officer at the scene having the immediate ability to deliver deadly force, unless unique circumstances indicate otherwise. Officers armed with an ECD should continuously monitor and evaluate the ability of other officers present to deliver deadly force. An officer may only display, present, or threaten to use an ECD if the officer reasonably believes that the potential for its authorized use exists. Furthermore, an officer may only display, present, or threaten to use an ECD absent deadly force coverage if they reasonably believe the involved person is not armed with a dangerous weapon. An ECD may only be used when objectively reasonable under the circumstances, including:- To overcome violent or assaultive behavior or its threat when the officer reasonably believes the subject poses an articulable threat of harm to an officer or another person.
- To control a person in order to prevent them from seriously harming themselves or others.
- To overcome significant active resistance when lesser options are reasonably expected to be ineffective or unsafe.
- Against handcuffed subjects.
- Against subjects fleeing on foot.
- Against subjects in an elevated position where a fall is likely to result in significant injury.
- Against subjects operating a motor vehicle.
- Against small children.
- Against a subject who is visibly pregnant or known to be pregnant.
- Against elderly subjects.
- Against persons exposed to flammable materials.
- From a moving vehicle.
- For punishment, coercion, or intimidation.
- To escort or prod subjects.
- To awaken unconscious or intoxicated subjects.
- Against subjects who are offering only passive resistance.
- The subject requests medical treatment.
- The subject displays an adverse reaction to the ECD deployment.
- The subject has been exposed to more than one ECD simultaneously.
- The subject has been exposed to three (3) or more ECD firing cycles, or one continuous firing cycle of 15 seconds or more.
Remote Restraint Device
Only department-approved remote restraint devices may be used and only by officers who have successfully completed training in their use. Deployment of remote restraint devices will be in accordance with Department training. Remote restraint devices may be used only under the following circumstances:- To overcome violent or assaultive behavior or its threat when the officer reasonably believes that the subject poses an articulable threat of harm to an officer or to another person.
- To control a subject in order to prevent them from harming themselves or others.
- Against handcuffed subjects.
- Against subjects fleeing on foot.
- Against subjects in an elevated position where a fall is likely to result in significant injury.
- Against subjects operating a motor vehicle.
- Against small children.
- Against a subject who is visibly pregnant or known to be pregnant.
- Against elderly subjects.
- From a moving vehicle.
Baton Use
A baton may be used to overcome continued resistance or assaultive/dangerous behavior when an officer reasonably believes a lesser degree of force would be insufficient to control the situation. An officer shall never intentionally strike a person’s head with a baton unless such an action is justified under the use of deadly force. Officers shall only use Department-approved batons and techniques. Department-approved batons are the only authorized impact weapons. Flashlights, radios, firearms, etc., are not recommended as impact weapons; however, the Department recognizes that emergency self-defense situations involving other objects and instruments may occur.Impact Projectiles
Impact projectile weapons may only be utilized by officers who have successfully completed training in their use. Deployment of impact projectiles will be in accordance with Department training. Only munitions approved by DPS Command Staff or designee are authorized for use. In cases where a subject is believed to be armed with a dangerous weapon, an impact projectile weapon is not a substitute for deadly force. Unless circumstances indicate otherwise, an officer should not go armed with an impact projectile weapon unless another officer at the scene has the immediate ability to deliver deadly force. Officers armed with impact projectile weapons should continuously monitor and evaluate the ability of other officers present to deliver deadly force. It is the responsibility of the officer going armed with an impact projectile weapon to ensure that the weapon is loaded with impact projectiles each time the weapon is deployed. Deployment of impact projectiles at non-vital areas of a subject’s body is considered non-deadly force. Impact projectiles may only be used under the following circumstances:- To overcome violent or assaultive behavior or its threat when the officer reasonably believes that the subject poses an articulable threat of harm to an officer or to another person.
- To control persons in order to prevent them from harming themselves or others. Additionally, an officer must reasonably believe that a lesser degree of force would be insufficient to control the situation, or that it is necessary to deliver force at a safe distance from the subject.
Canine Use
See the K9 SOP.Use of Restraining Devices
Handcuffs may be used when reasonably necessary for:- A lawful arrest or detention;
- Officer safety;
- Preventing escape;
- Preventing harm to the subject or another person; or
- Controlling a person who has actively resisted or assaulted another person.
Use of Spit Hoods
- A spit hood is a temporary protective device, which may be used on persons who display behavior or threatening behavior that pose a hazard of exposure to bodily fluids transmitted by spitting, wiping blood from their face/head, or wiping/blowing nasal discharges at or onto officers.
- Officers should use only Department-approved spit hoods. In an emergency situation if a department approved spit hood is not readily available, officers may utilize other breathable items, such as surgical masks, etc.
- Subjects must be stabilized and restrained (handcuffed) before applying the hood. The subject should be advised, when practical, that a hood is being applied.
- Officers shall apply the spit hood in accordance with Department training.
- Persons wearing the spit hood must be closely monitored and shall not be left unattended.
- Officers shall document the use of the spit hood including the circumstances requiring its use in their report of the incident. A copy of the report shall be routed to the Department Use of Force Coordinator.
Use of Force Reporting
A Use of Force Report shall be completed whenever an officer uses reportable force. Reportable force generally includes:- Firearm discharge.
- Pointing a firearm at a person when the circumstances require use-of-force documentation.
- Baton or less-lethal impact munition use.
- Chemical agent or OC spray deployment.
- Electronic Control Device (ECD/Taser) deployment.
- Remote restraint device deployment.
- Canine apprehension or bite.
- Physical strikes.
- Significant takedowns or ground-control techniques.
- Specialized restraints, maximum restraints, or spit hoods when used in response to resistance or a safety hazard.
- Any force resulting in injury.
- Any force a supervisor directs to be documented.
Medical Aftercare
Once the scene is reasonably secure and as soon as practical, officers shall obtain or provide appropriate medical care consistent with their training for any person who:- Has visible injuries;
- Complains of injury;
- Requests medical attention;
- Experiences an abnormal reaction to a force option;
- Loses consciousness; or
- Was subjected to force for which medical evaluation is appropriate under departmental training.
Use of Force Review and Investigations
All reportable uses of force shall be reviewed by an appropriate supervisor for compliance with Department policy and training. Reportable force shall be documented in the Department’s designated use-of-force reporting system. When a complaint or allegation involves potentially excessive, unlawful, or otherwise improper force, Professional Standards/Internal Affairs shall coordinate or conduct the appropriate administrative investigation. The Training Division may be consulted when review of tactics, training, or force application is necessary.Deadly Force
Deadly force may be used when an officer reasonably believes it is objectively reasonable and necessary under the totality of the circumstances for one of the following purposes:- Protect another person from an imminent threat of death or great bodily harm.
- Protect the officer from an imminent threat of death or great bodily harm.
- Stop a dangerous fleeing suspect when:
- The officer has probable cause to believe the person committed or attempted to commit a felony involving the use or threatened use of deadly force; and
- The officer reasonably believes the suspect presents a continuing imminent threat of death or great bodily harm to officers or another person if not immediately apprehended.
- Protect a person from a dangerous animal when the officer reasonably believes the animal presents an imminent threat of great bodily harm, or humanely end the suffering of a gravely injured or diseased animal when appropriate and safe.
Verbal Warning Before Deadly Force
When reasonably safe, practical, and feasible, officers should identify themselves as law enforcement and order the subject to stop the threatening or unlawful conduct before using deadly force. A warning is not required when delaying action would create an unreasonable danger to the officer or another person.Moving Vehicles and Vehicle-Related Force
Use of a Department Vehicle as Force
Department vehicles shall not normally be intentionally used as weapons. Intentional vehicle contact may only be used when objectively reasonable under the circumstances. Officers should consider the speed, location, surrounding persons, and likely consequences before intentionally using a vehicle as force. When the intended use of a vehicle creates a substantial risk of causing death or great bodily harm, the action constitutes deadly force and must meet the requirements of the Deadly Force section of this policy.Firing From a Moving Vehicle
Officers should not normally discharge a firearm from a moving vehicle. An officer may fire from a moving vehicle only when deadly force is otherwise justified and the consequences of not acting to stop the threat outweigh the additional risk created by firing from the vehicle. When tactically feasible, a passenger should engage rather than the driver so the driver may maintain control of the vehicle.Shooting at a Moving Vehicle
Deadly force shall not be used against the occupant of a moving vehicle solely because the vehicle is fleeing. Deadly force may be justified when:- An occupant is threatening the officer or another person with deadly force by means other than the vehicle; or
- The vehicle is deliberately being used in a manner that creates an imminent threat of death or great bodily harm and the officer cannot reasonably escape the danger.
Deadly Force Is Never Authorized
Deadly force shall not be used:- As punishment.
- Solely to prevent escape.
- Solely because a suspect refuses commands.
- Solely because a suspect possesses a weapon without presenting circumstances that justify deadly force.
- As a warning shot.
- When its use creates an unreasonable risk to innocent persons.
Prohibited Techniques
Except when deadly force would otherwise be legally justified, officers shall not intentionally:- Punch or strike the throat/trachea.
- Apply continued restriction to the carotid neck arteries.
- Apply pressure to the windpipe or throat with an arm or other object.
- Restrict a person’s ability to breathe.
- Continue using force against a fully controlled subject without lawful justification.
- Use force as retaliation or punishment.