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Taser Uci Pd Use of Force Guidelines 1993

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UCI POLICE DEPARTMENT GENERAL ORDER - 9
__________________________________________________________
Subject: Use of Force
Dissemination: All Police Department Personnel
Date: January 14, 1993
Page 1 of 4
____________________________________________________________________
Purpose:
The purpose of this General Order is to provide officers with guidelines on the use of
lethal and non-lethal force.
Introduction:
While in the performance of official duties, the use of force may be necessary to
maintain order, enforce the law, and protect life and property. Legal limits have been
placed on police use of force to ensure the rights of individuals and to limit possible
liability for the police department.
It is in the best interest of the Department to have a policy which members of the
community believe to be fair and appropriate, and which creates public confidence
in the Department and its individual officers. It is also in the best interest of the
Department to have a policy which provides protection for officers from criminal
prosecution and civil litigation, without imposing undue restraints on them in the
performance of their duties.
It is the policy of this Department to accomplish the police mission with minimal reliance
on the use of physical force and authority, i.e.: UCI Police Department employees shall
not use inappropriate force or more force than necessary in making an arrest or in the
carrying out of assigned duties.
Definitions:
Lethal Force: Any use of force that is likely to cause death or serious bodily injury.
Non-Lethal Force: Any use of force other than that which is considered lethal force.
Force may be defined as the power used to obtain compliance with the law or control
of a situation. This power includes more than physical action. Verbal commands or the
mere presence of the officer often may be sufficient to control a situation. However,
physical force may be required to safely obtain compliance or gain control of a situation.

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Escalation and De-Escalation:
Control of a suspect through advise, warning or persuasion is preferable, however, the use
of physical force is sometimes necessary for the protection of the public, the suspect and
the officer. When physical force is applied, the officer must escalate or de-escalate the
force used, depending on the suspect's level of force, or resistance.
Every situations different and an officer may be required to initiate force at any level,
however, the following levels of force should be used as a guideline for the escalation
and de-escalation of force.
1. Officer Presence: An officer's presence alone is a form of power and control.
An officer's authority and uniform are frequently enough to bring about order
or compliance.
2. Verbal Commands: Verbalization is usually the first action an officer will
take. This may include persuasion, advise and warnings. If the suspect submits
to verbal commands, physical force would probably be unreasonable.
3. Controlling Force: This is the lowest level of physical force and the goal is
the application of pain without injury. This should include such tactics as firm
grip control, escort holds, compliance holds, and the use of chemical agents and
tasers. (Note: Use of chemical agents shall be in compliance with Universitywide
Police Policies and Administrative Procedures, Chapter Eight, Sections 811
through 811.4).
4. Injuring Force: This involves the use of the baton and other tactics which
are likely to result in injury to the suspect. Injuring force should only be used
when a suspect fails to submit to non-injury control techniques or when
non-injury control tactics would be inappropriate. (Note: Use of police baton
shall be in compliance with Universitywide Police Policies and Administrative
Procedures, Chapter Eight, Sections 812 through 812.3).
5. Deadly Force: This is the ultimate use of force which generally refers to the use
of firearms. However, any use of force likely to result in great bodily injury or
death may be considered deadly force and should be used only as a last resort.
The discharge of firearms shall be in compliance with Universitywide Police
Policies and Administrative Procedures, Chapter Eight, Sections 801 through
810.

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Legal note: The United States Supreme Court and the California Appellate Court have
limited the circumstances in which an officer is authorized to use deadly force against
a fleeing felon. For example, two cases involved police officers who shot suspects fleeing
burglaries. Neither suspect was armed nor posed an immediate threat to the officer's
life or that of another. Courts have ruled that the actions of the officers were not
justified or authorized. Relevant to this thinking is: Subsection (c), of Section 807 of
Universitywide Police Policies and Administrative Procedures, reads: "To apprehend a
fleeing suspect when there is reasonable cause to believe that such person has committed a
felony involving the use or threatened use of deadly force, is armed and is an immediate
or imminent threat to life;"
Vehicles:
Officers shall not use a police vehicle as a weapon except as outlined below and when all
other reasonable means have failed:
1. In the necessary defense of the officer's life;
2. In the necessary defense of the life of another person;
3. To apprehend a fleeing suspect when there is reasonable cause to believe
that such person has committed a felony involving the use or threatened
use of deadly force, is armed and is an immediate or imminent threat to life.

Non-lethal Force:
The parameters for use of non-lethal force are as follows:
A. Where lethal force is not authorized, officers should assess the circumstances
in order to determine which non-lethal technique or weapon will safely
de-escalate the incident and bring it under control in a safe manner.
B. Officers are authorized to use department approved non-lethal force
techniques and are issued equipment for resolution of incidents, as follows:
1. To protect themselves or another person from physical harm;
2. To restrain or subdue a resistant individual; or
3. To bring an unlawful situation safely and effectively under control.

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Unauthorized use of force:
The following use of force is not authorized: Universitywide Police Policies and
Administrative Procedures, Chapter Nine, Section 902.3, reads: "Prisoners and suspects
shall not be subject to physical force except as required to subdue violence or ensure
detention. No officer shall strike a prisoner or suspect except in self-defense, to prevent
an escape, or to prevent injury to another person. No officer shall verbally abuse prisoners
or suspects."
Documentation of Use of Force:
All use of physical force should be documented in an appropriate arrest report, crime
report, or incident report. Copies shall be forwarded to the offices of the Division
Commander and the Chief of Police.
Summary:
The decision to use force places a heavy responsibility on each officer. While there is no
way to provide specific guidelines for every particular situation, officers are expected to
make every effort to act professionally, impartially and safely when dealing with resisting
suspects and to use only the amount of force reasonable and necessary to deal with the
situation.