TABLE OF CONTENTS:
EFFECTIVE:
12/01/2024
ISSUED:
12/01/2024
REVIEWED/APPROVED BY:
Director of Law Enforcement K. Brick | 12/01/2024
The aim of this procedure is to outline guidelines for the appropriate use of force by police officers, ensure a fair and impartial review of use-of-force incidents, assess whether the actions of police personnel were justified, and uphold public trust in the Los Santos Police Department.
The policy of the Los Santos Police Department emphasizes the utmost respect for the sanctity of human life, dignity, and liberty of all individuals. In serving the community, officers are committed to making every effort to preserve and protect human life and ensure the safety of everyone. The Los Santos Police Department is dedicated to resolving conflicts through professional communication, crisis intervention, and de-escalation tactics whenever feasible. Officers shall use only the necessary force to perform their duties, in accordance with department policy. The use of unlawful or excessive force is strictly prohibited.
The use of force by a police officer must be objectively reasonable. Officers shall use only the amount of force necessary to effectively control a situation and ensure the safety of both the officers and the public. The assessment of objective reasonableness is made from the perspective of a reasonable officer in similar circumstances, considering the totality of facts known at the time the force was used, along with the officer's prior training and experience, without regard to the underlying intent or motivation of the officer.
De-escalation tactics and techniques are actions employed by officers, when safe and without compromising law enforcement priorities, to reduce the likelihood of needing to use force and increase the chances of voluntary compliance. Whenever reasonable, officers shall use de-escalation tactics to gain voluntary compliance and seek to avoid or minimize the use of physical force.
When safe and feasible, considering the totality of circumstances, officers shall:
Attempt to slow down or stabilize the situation to allow more time, options, and resources for incident resolution.
Mitigate the immediacy of the threat to allow time to call for additional officers.
Consider whether a subject's lack of compliance is a deliberate attempt to resist or an inability to comply.
De-escalation tactics include, but are not limited to:
Placing barriers between an uncooperative subject and the officer.
Attempting to isolate and contain the subject.
Reducing exposure to a potential threat using distance, cover, or concealment.
Communicating from a safe position to gain the subject's compliance.
Avoiding physical confrontation unless immediately necessary.
Using verbal techniques to calm an agitated subject and suggest rational decision-making.
Any officer who personally observes another officer using force that they believe, based on their training, to be beyond what is objectively reasonable under the circumstances and/or not in conformity with State Legislation or Los Santos Police Department policy shall make a reasonable attempt to intervene to prevent the use of excessive force.
Any intervening officer shall promptly report their observations and actions to a supervisor.
If a subject expresses difficulty breathing, reports chest pains, requests medical attention, or if an officer observes that the subject requires medical attention, the officer shall immediately assess the situation. The officer should determine if an alternative restraint can be safely and effectively used and must request medical aid as soon as reasonably possible.
Following any application of force, officers shall provide or request medical aid as needed or as requested as soon as reasonably possible.
Officers who use the level of force in accordance with State Legislation and Los Santos Police Department policy must consider the following factors when deciding what is the correct and sufficient amount of force that shall be applied.
Imminent Threat:
An imminent threat refers to an immediate and pressing danger that requires prompt action to prevent harm.
The threat must be present and not speculative or potential. It is based on clear, observable actions by a suspect.
The danger must be immediate, meaning it is happening now or is about to occur.
Proportionality:
Force used must be appropriate in relation to the threat posed. The severity of the officer's response should match the level of danger presented by the suspect.
The more severe the threat, the greater the level of force that may be justified. However, the force must not exceed what is necessary to counter the danger. Minimal use shall be used. If the threat can be neutralized by less forceful means those shall be made priority.
Necessity:
Officers shall use the force only when there are no reasonable alternatives to effectively address the imminent threat. Emphasis shall be placed on de-escalation and the use of lower level tactics whenever possible.
Consider the availability of alternative as well as the time to decide if lower level tactics that are both available and feasible before escalating to a higher degree of force.
Warning:
Whenever feasible, officers shall give a clear warning before using any force and escalating to a higher degree of force. Officers must attempt to communicate with the suspect if time and circumstances permit, providing them a chance to avoid further escalation and harm. Warnings should be clear and specific. If feasible, officers should allow the suspect reasonable time to comply before applying force or before escalating the level of force.
Force intended or likely to cause great bodily harm or death may only be used as a last resort. Officers must consider all factors outlined in State Legislation and Los Santos Police Department policy before attempting to apply deadly force to a person(s). Such other considers may include but are not limited to:
The threat must pose the likelihood of death or serious bodily harm- injuries that can lead to permanent damage, significant physical impairment or death.
If reasonable under the circumstances, to prevent great bodily harm or death to the officer or another person;
When an officer believes they are facing an imminent threat of death or great bodily harm to themselves or others. Even with such belief, deadly force shall only be applied when all non-deadly force options have been proven ineffective or would be ineffective based on the officer's training and experience.
When necessary to prevent a suspect's escape, and the officer has probable cause to believe that the suspect poses a significant threat of great bodily harm or death to the officer or others;
To kill an animal if the officer or another person is threatened with serious bodily harm by the animal, or to ensure public safety.
"A law enforcement officer may use deadly force only as a last resort when the law enforcement officer reasonably believes that all other options have been exhausted or would be ineffective. A law enforcement officer may use deadly force only to stop behavior that has caused or imminently threatens to cause death or great bodily harm to the law enforcement officer or another person. If both practicable and feasible, an officer shall give a verbal warning before using deadly force."
Other considerations shall be concluded when evaluating the use of deadly force or the use of your service weapon towards other person(s).
Officers may draw or display their firearms when they reasonably believe it may be necessary for the safety of others or for their own personal safety. Officers shall not point a firearm at or in the direction of a person unless there is a reasonable perception of a substantial risk that the situation may escalate to justify deadly force.
The firing of warning shots is prohibited. Officers should identify themselves as Los Santos Police Department personnel and issue verbal commands or warnings.
Officers shall not discharge their firearms at a person who presents a danger only to themselves. The person(s) who present a danger must present an immediate and credible threat of death or serious bodily harm to other officers or the public.
In the event an Officer intentionally or unintentionally uses a motor vehicle as a means to exert force, including but not limited to ramming or running over a person(s) or a person(s) who are passenger(s) in a motor vehicle that would reasonably eject the passenger(s) must adhere to the same standards and considerations set forth within State Legislation and Los Santos Police Department policy.
Such act(s) must be considered as a form of deadly force, but to a higher degree.
Officers are authorized to use a motor vehicle in this fashion only when it meets all criteria and is reasonably believed to be necessary to protect human life, prevent serious bodily injury, or death. Criteria required to attempt to exert this level of force include but are not limited to:
On Scene Commander or Supervisor+ must approve all attempted act(s)
Threat must be strictly immediate and the force must be directed in result to the threat. There shall not be any delay between the threat and force.
Threat must be equivalent to the force exerted. Discharge of a firearm does not equate force by a vehicle unless there is no other reasonable alternative that is available for the officer(s) at the time of the threat. An example of this could be when an officer is barricaded and the only way the officer has to protect human life is through the suspect(s).
Officers must attempt to deescalate and apply lower level of force, including discharge of a firearm, before a motor vehicle is used to exert force on the suspect(s).
Officers must advise the suspect(s) and provide a proper warning, when reasonable, before a motor vehicle is used to exert force on the suspect(s). Force shall never be out of surprise or delusion.
Discharging a firearm at or from a moving motor vehicle is permissible only under the following conditions and after all other reasonable alternatives have been exhausted or deemed inadequate:
An officer may not discharge a firearm at the driver or occupants of a moving motor vehicle, or at the vehicle itself, unless deadly physical force is being directed at the officer or another person by means other than the moving vehicle. However, this restriction does not apply if the moving vehicle is being used as a weapon and poses an imminent and ongoing threat of substantial physical harm.
Officers must avoid intentionally positioning themselves in front of or behind the path of a moving motor vehicle. If an officer is in danger from a moving vehicle, they should seek to move out of its path.
Officers shall not discharge a firearm from a moving motor vehicle unless deadly force is being used against them or others by means other than the moving vehicle, and the necessity of using deadly force outweighs the associated risks.
All use of force incidents must be reported accurately, thoroughly, and in a timely manner. Each report will be reviewed by supervisory and oversight bodies to ensure the force used was consistent with department policies and legal standards.
Initial Notification:
Officers involved in a use of force incident must immediately notify their supervisor, or as soon as it is safe to do so.
Deadline for Submission:
Within 24 hours following any use of force incident involving a Los Santos Police Department employee where force was inflicted on a suspect, the employee who inflicted the force must complete a Use of Force report. This requirement applies when the use of force resulted in injury or death, and/or if the force involved the discharge of a firearm or the use of a motor vehicle.
Report Content:
The Use of Force Report should include the following details:
Officer Information:
Subject Information:
Incident Overview:
Force Used:
Injuries:
Witnesses:
Body Camera and Video:
Incident Review Process:
Immediate Review:
The supervising officer will immediately review the Use of Force Report to ensure completeness and compliance with departmental policies.
The supervisor will verify that all necessary information is included and will ensure that medical assistance was provided when required.
Chain of Command Review:
Secondary Review: After the immediate review, the report will be forwarded to the officer’s chain of command. Each level of review will assess whether the force used was reasonable and within policy.
External Review:
Serious or lethal force incidents will automatically be referred to a third party agency for further investigation and review.
Deadlines for Review:
Immediate Review: Within 24 hours of receiving the report.
Chain of Command Review: Completed within 7 days.
Findings:
The use of force will be classified into one of the following categories after review:
Within Policy: The use of force was reasonable, necessary, and aligned with department policy.
Out of Policy: The use of force was deemed unreasonable, excessive, or inconsistent with department policy.
Corrective Actions:
No Action: If the use of force is within policy, no corrective action will be taken.
Training: The officer may be required to undergo additional training on de-escalation or use of force.
Disciplinary Action: If the use of force is out of policy, the officer may face disciplinary actions, which can include suspension, termination, or criminal charges.
Reporting to Public:
In cases involving serious injury or death, a summary of the findings (without officer-specific details) may be released to the public to maintain transparency.
Original SOP: 12/01/2024
Revised: