HomeMy WebLinkAboutPolicy_Policy Violations300.3.2 FACTORS USED TO DETERMINE THE REASONABLENESS OF
FORCE
When determining whether to apply force and evaluating whether an officer has used reasonable
force, a number of factors shall be taken into consideration, as time and circumstances
permit (Government Code § 7286(b)). These factors include but are not limited to:
a. The apparent immediacy and severity of the threat to officers or others (Penal Code § 835a).
b. The conduct of the individual being confronted, as reasonably perceived by the officer at the
time (Penal Code § 835a).
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 leading up to the use of force (Penal Code § 835a).
e. The effects of suspected drugs or alcohol.
f. The individual's apparent mental state or capacity (Penal Code § 835a).
g. The individual’s apparent ability to understand and comply with officer commands (Penal
Code § 835a).
h. Proximity of weapons or dangerous improvised devices.
i. The degree to which the subject has been effectively restrained and their ability to resist
despite being restrained.
j. The availability of other reasonable and feasible options and their possible effectiveness
(Penal Code § 835a).
k. Seriousness of the suspected offense or reason for contact with the individual prior to and at
the time force is used.
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.
339.5.10 SAFETY
a. Failure to observe or violating department safety standards or safe working practices.
b. Failure to maintain current licenses or certifications required for the assignment or position
(e.g., driver license, first aid).
c. Failure to maintain good physical condition sufficient to perform law enforcement duties
adequately and safely.
d. Unsafe firearm or other dangerous weapon handling to include loading or unloading
firearms in an unsafe manner, either on- or off- duty.
e. Carrying, while on the premises of the workplace, any firearm or other lethal weapon that is
not authorized by the member’s appointing authority.
f. Unsafe or improper driving habits or actions in the course of employment or appointment.
g. Any personal action contributing to a preventable traffic collision.
h. Concealing or knowingly failing to report any on-the-job or work-related accident or injury as
soon as practicable but within 24 hours.