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Special Order - Use of Force SB392 1-1-2020 RESCINDED 1-16-2020City of Long Beach Warldng Together to SelV8 Date: December 18, 2019 To: DISTRIBUTION From: Robert G. Luna,Chiefof Police Memorandum Subject: SPECIAL ORDER-USE OF FORCE -EFFECTIVE JANUARY 1, 2020 The attached Special Order, Use of Force is approved for distribution. Th is special order supersedes the following LBPD Special Order and Manual§§: 6.8.5 FIREARMS-SHOOTING POLICY 7.1.2.1 LEGAL AUTHORITY TO USE FORCE 7.1.2.2 FORCE DEFINED 7.1.2.3 FORCE POLICY Special Order Use of Cover Fire, 611/17 The following sections remain in effect: SPECIAL ORDER Use of Force, 1/10/197.1.2.4 Force Options 7.1.2.5 Reportable Use of Force 7.1.2.6 Non-Reportable Use of Force 7.1.2.7 Employee Responsibilities 7 .1.2 .8 Supervisor Responsibilities 7 .1.2.9 Booking Sergeant Responsibilities 7.1.2.1 O Watch Commander Responsibilities 7.1.2.11 Involved Employee Lieutenant Responsibilities 7.1.2.12 Division CommanderResponsibilities 7 .1.2.13 Bureau Responsibilities 7.1.2.14 Intern al Affairs Responsibilities 7.1.2.15 Training Section Responsibilities Effective Date: ___ \ _ • ._I _• _'2.._0 ______ _ Approved: __ R_. -�-e-��-------Robert G. Luna, Chief of Police RGL:PG:tjs Sl'/M,O&TM'dlcyl>ocuTIS'ltl/UOFPrqed/PdlcyOOClfflents/392Speclal Onllr SUPERCEDED BY SO UOF SB392 on 1-16-2020 SPECIAL ORDER USE OF FORCE Effective January 1, 2020 Effective January 1, 2020 this Special Order revises LBPD Manual§§ 6.8.5 Firearms -Shooting Policy, 7.1.2.1 Legal Authority to Use Force, 7.1.2.2 Force Defined,_and 7.1.2.3 Force Policy. The Long Beach Police Department (LBPO) complies with requiremen1s set forth in Assembly Bill 392, an act to amend §§ 196 and 835a of the Penal Code, relating to Peace Officers. USE OF FORCE The LBPD believes that a key principle in maintaining public trust is having reverence for human life and ensuring that any use of force is reasonable. Officers shall remain professional, ethical, and treat others with respect. Peace, security and detention officers respond to dynamic and rapidly evolving enforcement situations that may necessitate the use of reasonable force. Officers must constantly assess the situation, and the need for force, while remainingfairand unbiased. No policy can anticipate every conceivable situation or exceptional circumstance which officers may face. In all circumstances, officers are expected to exercise soundjudgment and critical decision making when using force options. SPECIAL ORDER OF THE LONG BEACH POLICE DEPARTMENT USE OF FORCE Approved: __ R_._,£_����--- Page 1 of 13 Date: __ \_. �l-· _'2.,_0 __ _ SUPERCEDED BY SO UOF SB392 on 1-16-2020 SPECIAL ORDER of the Long Beach Police Department USE OF FORCE USE OF FORCE -DEFINITIONS For purposes of this section, the following definitions shall apply: Airport Special Services Officer or Airport SSO has the same meaning as CPC § 830.33(d). Armed Special Services Officer or Armed SSO shall refer to Airport SSO, Jail SSO when armed, SSO when armed. Deadly force means any use of force that creates a substantial risk of causing death or serious bodily injury. Deadly force includes, bu tis not limited to, the discharge of a firearm. Feasible means 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. Force is any action to control a subject or to overcome resistance through the use of physical strength, weaponless defense techniques, pain compliance techniques, defensiveweapons or a combination thereof. Park Ranger has the same meaning as CPC § 830.31 (b). Peace Officer means a Police Officer, Park Ranger, and Airport SSO. Police Officer has the same meaning as CPC § 830.1 (a). Special Services Officer or SSO shall refer to those Special Services Officers assigned to the Jail (CPC § 831 (a)), Long Beach City College, City Hall, and Marine Patrol (CPC § 831.4(a)(1 )). Totality of the circumstances means all facts known at the time, including the conduct of the officer and the subject leading up to the use of force. SPECIAL ORDER OF lHE LONG BEACH POLICE DEPARTMENT USE OF FORCE Appmved:_�R_. __ f?._�-�----Date: __ \,.__· ._\ -_�_Q __ _ Page 2 of 13 SUPERCEDED BY SO UOF SB392 on 1-16-2020 SPEOAL ORDER of the Long Beach Police Department USE OF FORCE USE OF FORCE -LEGAL AUTHORITY TO USE FORCE Only those Police Department employees defined below are subject to this policy. Jail Special Services Officer A Jail SSO may use reasonable force in establishing and maintaining custody of persons delivered to th em by a law enforcement officer. (CPC § 831 (f)) During the transport of a prisoner or prisoners, a Jail SSO may use reasonable force in establishing and maintaining custody of persons delivered to them by a Peace Officer. (CPC § 831.S(d)) Police Officer. Park Ranger, and Airport SSO (Peace Officer) CPC §834(a) -If a person has knowledge, or by the exercise of reasonable care, should have knowledge, that he is being arrested by a peace officer, it is the duty of such person to refrain from using force or any weapon to resist such arrest CPC §835a(b) -A Peace Officer who has reasonable cause to believe that a person to be arrested has committed a public offense may use objectively reasonable force to: 1 . Arrest a person; 2.Prevent escape; or 3.Overcome resistance. CPC §835a(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 rightto self-defense by the use of objectively reasonable force. For the purposes of this policy, "retreat'' does not mean tactical repositioning or other de-escalation tactics. CPC §841 -The person making the arrest must inform the person to be arrested of the intention to arrest him, of the cause of the arrest, and the authority to make it, except whentheperson makingthe arrest has reasonablecauseto believethat the person to be arrested is actually engaged in the commission of or an attempt to commit an offense, or the person to be arrested is pursued immediately after its commission,or after an escape. The person making the arrest must, on request of the person he is arresting, inform the latter of the offense for which he is being arrested. Special Services Officer CPC §836.S(a) -An SSO, when authorized by ordinance, may arrest a person without a warrant whenever the officer or employee has reasonable cause to believe that the person to be arrested has committed a misdemeanor in the presence of the officer or SPECIAL ORDER OF THE LONG BEACH POLICE DEPARlMENT USE OF FORCE Approved: _ __.R __......... £-� __ .......... __ _Date: _ _._l ·__.l._•_�_2_D __ _ Page 3 of 13 SUPERCEDED BY SO UOF SB392 on 1-16-2020 SPECIAL ORDER of the Long Beach Police Department USE OF FORCE employee that is a violation of a statute or ordinance that the officer or employee has the duty to enforce. CPC §836.S(b) (a)-No officer or employee shall be deemed an aggressor or lose his or her right to self-defense by the use of reasonable force to effect the arrest, prevent escape, or overcome resistance. SPECIAL ORDER OF THE LONG BEACH POLICE DEPARTMENT USE OF FORCE Approved: __ R ......... _. ___.f....._\/\AN{Jv....._ ____ ........ __ _ Page 4 of 13 Date: ___ \_. \ __ • __ '}....._D __ _ SUPERCEDED BY SO UOF SB392 on 1-16-2020 SPEOAL ORDER of the Long Beach Police Department USE OF FORCE AUTHORIZED TRAINING This policy is not intended to prohibit the discharge of a firearm during authorized practice and training at an approved area. NEGLIGENT DISCHARGE The discharge of any weapon by careless or negligent handling by an on or off duty employee shall constitute a neglect of duty. DUTY TO INTERVENE Intervention during a use of force is attempting to prevent or stop the inappropriate or unlawful behavior of another. When a Peace Officer or SSO perceives a use of force to be unreasonable, he or she shall intervene when able, and report the observations to a supervisor. Intervention may take the form of one or more of the following actions: •Strongly caution the other officer(s);•Physical action to stop the unreasonable force. DE-ESCALATION De-escalation is attempting to stabilize a situation and reduce the immediacy of the threat so that more options, and resources can be called upon to resolve the situation through voluntary compliance. A Peace Officer or SSO shall use de-escalation techniques, crisis intervention tactics, and/or other alternatives to force, when feasible. VERBAL WARNINGS A verbal warning shall begiven, by a Peace Officer or SSO, prior to any useofforce likely to cause serious injury, unless it would otherwiseendanger the safety of officers, or when it is not feasible due to the circumstances. The purpose of the warning is to give individuals a reasonable opportunity to comply with the officer's direction. MEDICAL AID As soon as the scene is safe, Peace Officer(s) or SSO(s) shall ensure proper medical aid is provided for any injured person. SPECIAL ORDER OF THE LONG BEACH POLICE DEPARlMENT USE OF FORCE Approved: __ R ____ . _____ #,___.,.�.-...:........=-=----Date: __ \_.�\-� 'L_O __ Page 5 of 13 SUPERCEDED BY SO UOF SB392 on 1-16-2020 SPECIAL ORDER of the Long Beach Police Department USE OF FORCE DISPLAY OF FIREARMS A Peace Officer or SSO may draw or point a firearm when the officerreasonably believes it may be necessary for his or her own safety or for the safety of others. SURROUNDINGS AND POTENTIAL RISK Peace Officers or SSOs shall considertheir surroundings and potential risks to the public, to the extent reasonable underthe circumstances, before discharging a firearm. WARNING SHOTS The discharge of a firearm as a warning shot is not authorized. . - SOUNDING AN ALARM The discharge of a firearm may be used to sound an alarm or call for assistance, when other means of communication cannot be used. EXCEPTIONAL CIRCUMSTANCES Exceptional circumstances may necessitate the use of a firearm other than at a person, when the Peace Officer or SSO reasonably believes there is an imminent threat to life or of serious bodily injury for example, shooting at an animal (for further refer to LBPD Manual § 8.2.4 UNINTENTIONAL FIREARMS DISCHARGE AND ANIMAL SHOOTINGS}. Approved: SPECIAL ORDER OF THE LONG BEACH POLICE DEPARTMENT USE OF FORCE R.. elAMMJ....) Date: \ • l · t-0 Page 6 of 13 SUPERCEDED BY SO UOF SB392 on 1-16-2020 SPECIAL ORDER of the Long Beach Police Department USE OF FORCE POLICE OFFICER -FORCE POLICY Police Officers will · attempt to achieve control through direction, forewarning, or reasonable physical force. Police Officers may, based on the totality of the circumstances, only use a level of force that they reasonably believe is proportional to the seriousness of the suspected offense or the reasonably perceived level of actual or threatened resistance. Force may be used to accomplish the following: 1.Effect a lawful investigative detention or arrest;2.Control a resistive, combative or threatening subject;3.Protect themselves, the subject or another person from injury, death or destructionof property; and 4.Stop a subject who is att�mpting to flee or escape a lawful detention or arrest. The decision by a Police Officer to use force shall be reviewed and evaluated carefully and thoroughly, in a manner that reflects the gravity of that authority and the serious consequences of the use of force by Police Officers, in order to ensure that officers use force consistent with law and agency policies. The decision by a Police Officer to use force shall be reviewed and evaluated from the perspective of a reasonable officer in the same situation, based on the totality of the circumstances known to or perceived by the officerat the time, rather than with the benefit of hindsight, and that the totality of the circumstances shall account for occasions when officers may be forced to make quick judgments about using force. Force incident reviews should also consider the officer's tactics and the conduct of the subject leading up to, during, and after the use of force. A.DEADLY FORCEPolice Officers may use deadly force only when necessary in defense of human life.In determining whether deadly force is necessary, officers shall evaluate each situation in light of the particular circumstances of each case and shall use otheravailable resources and techniques if reasonably safe and feasible to an objectivelyreasonable officer. Where feasible, a Police Officershall,priorto the use of force, make reasonable efforts to identify themselves as a Police Officer and to warn that deadly force may be used,unless the officer has objectively reasonable grounds to believe the person is awareof those facts. A Police Officer shall not use deadly force against a person based on the danger that person poses to themselves, if an objectively reasonable Police Officerwould believe SPECIAL ORDER OF THE LONG BEACH POLICE DEPARlMENT ..{) USE OF FORCE Approved: ___ R __ ... _O'....;;..__l.MN<>-=------- Page 7 of 13 Date: __ l _· _\ _' ·_Z_D __ SUPERCEDED BY SO UOF SB392 on 1-16-2020 SPECIAL ORDER of the Long Beach Police Department USE OF FORCE the person does not pose an imminent threat of death or serious bodily injury to the Police Officer or to another person. i.lmminentlhreat A Police Officer is justified in using deadly force upon another person when the officer reasonably believes, based on the totality of the circumstances, that such force is necessary to defend against an imminent threat of death or serious bodilyinjury to the officer or to another person. A threat of death or serious bodily injury is "imminent''when, based on the totality of the circumstances, a reason able officer in the same situation wou Id believe 1hat a person has the present ability, opportunity, and apparent intent to immediately cause death or serious bodily injury to the Police Officer or another person. An imminentharm 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. ii.Immediate Apprehension A Police Officer is justified in using deadly force upon another person when theofficer reasonably believes, based on the totality of the circumstances, that such force is necessary to apprehend a fleeing person for anyfelonythat threatened orresulted in death or serious bodily injury, if the Police Officer reasonably believes that the person will cause death or serious bodily injury to another unlessimmediately apprehended. iii.Shooting at Moving Vehicles Police Officers shall weigh the need to shoot at an imminent threat in a moving vehicle againstthe risk that a firearms discharge may create, such as harm to otherpersons in the vehicle, the public, or the danger of an uncontrolled vehicle from anincapacitated driver. Police Officers shall avoid placing themselves in the path of a moving vehicle, orif feasible, move out of the way of an oncoming vehicle. The use of firearms at a moving vehicle, by a Police Officer, is authorized in the event of an imminent threat or immediate apprehension. iv.Shooting from Moving VehiclesPolice Officers shall consider the increased risk that shooting from a moving vehicle creates, and if feasible,considerthe options of exiting the vehicle or driving away from the imminent threat. SPECIAL ORDER OF TiiE LONG BEACH POLICE DEPARTMENT USE OF FORCE Approved: __ .._R ___ ._f: ........ __ \I\Wv........_ ________ _ Date:____,\'--,__,\._·_2.----'0"----Page B of 13 SUPERCEDED BY SO UOF SB392 on 1-16-2020 SPEOAL ORDER of the Long Beach Police Department USE OF FORCE The use of firearms from a moving vehicle, by a Police Officer, is authorized in the event of an imminent threat or immediate apprehension. v.Directed Fire Directed fire is a tactic of delivering controlled gun fire at a specific area, capableof containing the officers' rounds, where a suspect may not be directly exposed, but from where he/she poses an imminent threat. Directed fire may only be used when no other reasonable course of action would allow officers to protect themselves or the public from an imminent deadly threat. Police Officers shall weigh the need to use directed fire against the risk that a firearms discharge may create to the public. Directed fire may be used in the following circumstances: a)Moving Persons to Safety -when there is a need to move a person from aposition of imminent harm to one of safety; OR b)Moving for Tactical Advantage -to maneuver officers from a position ofdisadvantage to a position of tactical advantage to stop an imminent threat, when responding to an incident, such as an active shooter or an organizedterrorist attack. The use of directed fire is only authorized for a Police Officer. Approved: SPECIAL ORDER OF THE LONG BEACH POLICE DEPARTMENT USE OF FORCE /< · f. oJJ,M&Date: \ • ( • 1..0 Page 9 of 13 SUPERCEDED BY SO UOF SB392 on 1-16-2020 SPECIAL ORDER of thtt Long Bttach Po/ictt Dttpartmttnt USE OF FORCE PARK RANGER AND AIRPORT SPECIAL SERVICES OFFICER -FORCE POLICY Park Rangers and Airport SSOs will attempt to achieve control through direction, forewarning, or reasonable physical force. When acting in furtherance of their primary duty, Park Rangers and Airport SSOs may, based on the totality of the circumstances, only use a level of force that they reasonably believe is proportional to the seriousness of the suspected offense or the reasonably perceived level of actual or threatened resistance. Force may be used to accomplish the following: 1.Effecta lawful investigative detention or arrest;2.Control a resistive, combative or threatening subject;3.Protect themselves, the subject or another person from injury, death or destruction of property; and4.Stop a subject who is attempting to flee or escape a lawful detention or arrest. The decision by a Park Ranger and Airport SSO to use force shall be reviewed and evaluated carefully and thoroughly, in a manner that reflects the gravity of that authomy and the serious consequences of the use of force by Peace Officers, in order to ensure that the force used is consistent with law and agency policies. The decision by a Park Ranger and Airport SSO to use force shall be reviewed and evaluated from the perspective of a reasonable officer in the same situation, based on the totality of the circumstances known to or perceived by the officer at the time, rather than with the benefit of hindsight, and that the totality of the circumstances shall account for occasions when officers may be forced to make quick judgmentsabout using force. Force incident reviews should also consider the officer's tactics and the conduct of the subject leading up to, during, and after the use of force. A.DEADLYFORCE Park Rangers and Airport SSOs may use deadly force only when necessary in defense of human life. In determiningwhether deadlyforce is necessary, officers shall evaluate each situation in light of the particular circumstances of each case and shalluse other available resources and techniques if reasonably safe and feasible to an objectively reasonable officer. Where feasible, Park Rangers and Airport SSOs shall, prior to the use of force, make reasonable efforts to identify themselves as a Peace Officer and to warn that deadly force may be used, unless the officer has objectively reasonable grounds to believe the person is aware of those facts. A Park Ranger or Airport 550 shall not use deadly force against a person based on the danger that person poses to themselves, if an objectively reasonableofficerwould believe the person does not pose an imminent threat of death or serious bodily injury to the officer or to another person. SPECIAL ORDER OF THE LONG BEACH POLICE DEPARlMENT _.D USE OF FORCE Approved: _ ____.�.__-' ----"r-�=....z.a....=..=-----Date: _ _._l _� ....... ( _. 1.,_0 __ _ Page 10 of 13 SUPERCEDED BY SO UOF SB392 on 1-16-2020 SPEOAL ORDER of the Long Beach Police Department i.lmminentThreat USE OF FORCE A Park Rangeror Airport SSO is justified in using deadlyforce upon another personwhen the officer reasonably believes, based on the totality of the circumstances,that such force is necessary to defend against an imminent threat of death orserious bodily injury to the officer or to another person. 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 U,at a person has the present ability, opportunity, and apparent intent to immediately cause death or serious bodily injury to the officer or another person. An imminent harm is not merely a fear of futureharm, 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. ii.Immediate ApprehensionA Park Ranger or Airport SSO is justified in using deadly force upon another personwhen the officer reasonably believes, based on the totality of the circumstances, that such force is necessary to apprehend a fleeing person for any felony thatthreatened or resulted in death or serious bodily injury, if the officer reasonably believes that the person will cause death or serious bodily injury to another unlessimmediately apprehended. iii.Shooting at Moving VehiclesPark Rangers and Airport SSOs shall weigh the need to shoot at an imminent threat in a moving vehicle against the risk that a firearms discharge may create,such as harm to other persons in the vehicle, the public, or the danger of anuncontrolled vehicle from an incapacitated driver. Park Rangers and Airport SSOs shall avoid placing themselves in the path of a moving vehicle, or if feasible, move out of the way of an on coming vehicle. The use of firearms at a moving vehicle, by a Park Ranger or Airport SSO, is authorized only in the event of an imminent threat. iv.Shooting from Moving VehiclesPark Rangers and Airport SSOs shall consider the increased risk that shootingfrom a moving vehicle creates, and if feasible, consider the options of exiting thevehicle or driving away from the imminent threal The use of firearms from a moving vehicle, by a Park Ranger or Airport SSO, is authorized only in the event of an imminent threat. SPECIAL ORDER OF THE LONG BEACH POLICE DEPARTMENT USE OF FORCE Approved:�-�-·_i...;:..._�.a;....a...----''----� Date:_....;:.\ _•""""'\ ..... ·_2-_'0 __ _ Page 11 of 13 SUPERCEDED BY SO UOF SB392 on 1-16-2020 SPECIAL ORDER of the Long Beach Police Department USE OF FORCE SPECIAL SERVICES OFFICER· FORCE POLICY An SSO may only use force when, based on the totality of the circumstances, the SSO reasonably believes that another person is going to harm the SSO or another. The SSO may only use the amountof force reasonablynecessaryto defend themselves or another. The reasonableness of a particular use of force will be reviewed and evaluated from the perspective of a reasonable person possessing the same information, training and experience, and faced with the same circumstances as the SSO who used force. Force incident reviews should also consider the SSO's tactics and the conduct of the subject leading up to, during, and after the use of force. This section shall apply to the following personnel: 1.City Hall SSO 2.Jail SSO 3.Long Beach City College SSO 4.Marine Patrol SSO A.DEADLY FORCE SSOs may use deadly force only when necessary in defense of human life. In determining whether deadlyforce is necessary, SSOs shall evaluate each situation in light of the particular circumstances of each case and shall use other available resources and techniquesifreasonablysafe and feasible to an objectively reasonable officer. Where feasible, an SSO shall, prior to the use of force, make reasonable efforts to identify themselves as an SSO and to warn th at deadly force may be used, unless 1he SSO has objectively reasonable grounds to believe the person is aware of those facts. An SSO shall not use deadly force against a person based on the danger that person poses to themselves, if an objectively reason able SSO wou Id believe the person does not pose an imminent threat of death or serious bodily injury to the SSO or to another person. i.Imminent ThreatAn SSO is justified in using deadly force upon another person when the SSO reasonably believes, based on the totality of the circumstances, that such force isnecessary to defend against an imminent threat of death or serious bodily injury to the SSO or to another person. A threat of death or serious bodily injury is "imminent'' when, based on the totality of the circumstances, a reasonable SSO in the same situation would believe that Approved: SPECIAL ORDER OF TiiE LONG BEACH POLICE DEPARlMENT � SE OF FORCE R · � Date: \·\· Z-0 Page 12 of 13 SUPERCEDED BY SO UOF SB392 on 1-16-2020 SPECIAL ORDER of the Long Beach Police Department USE OF FORCE a person has the present ability, opportunity, and apparent intentto immediately cause death or serious bodily injury to the SSO or another person. An imminent harm is not merely a fear of future harm, no matter how great Hie fear and no matter how great the likelihood of the harm, but is one that, from appearances, must be instantly confronted and addressed. The use of deadly force by an SSO is only authorized in the event of an imminent threat. ii.Shooting at Moving VehiclesSSOs shall weigh the need to shoot at an imminent threat in a moving vehideagainst the risk that a firearms discharge may create, such as harm to other persons in the vehicle, the public, or the danger of an uncontrolled vehicle froman incapacitated driver. SSOs shall avoid placing themselves in the path of a moving vehicle, or iffeasible, move out of the way of an oncoming vehicle. The use of firearms at a moving vehicle, by an SSO, is authorized only in the event of an imminent th real iii.Shooting from Moving Vehicles SSOs shall consider the increased risk that shooting from a moving vehidecreates, and if feasible, con sider the options of exiting the vehicle or driving away from the imminentthreat. The use of firearms from a moving vehicle, by an SSO, is authorized only in the event of an imminent threat. SPECIAL ORDER OF THE LONG BEACH POLICE DEPARTMENT D . _p ·U·S=ORCE Approved: __ �D,__. __ -d-""---' '�=----.. _ --Date: J • I ' 2,.0 Page 13 of 13 SUPERCEDED BY SO UOF SB392 on 1-16-2020