DGO5.01 "Use of Force Policy and Proper Control of a Person"

The San Francisco Police Department’s highest priority is safeguarding the life, dignity and liberty of all persons. Officers shall demonstrate this principle in their daily interactions with the community they are sworn to protect and serve. The Department is committed to accomplishing this mission with respect and minimal reliance on the use of force by using rapport-building communication, crisis intervention, and de-escalation tactics before resorting to force, whenever feasible. This Department General Order (DGO) builds upon the Supreme Court’s broad principles in Graham v. Connor (1989) 490 U.S. 386 and is more restrictive than the constitutional standard and state law. The Law Enforcement Code of Ethics requires all sworn law enforcement officers to carry out their duties with courtesy, respect, professionalism, and to never employ unnecessary force. These are key factors in maintaining legitimacy with the community and safeguarding the public’s trust

5.01.01 PURPOSE

This order establishes policies and reporting procedures regarding the use of force. The purpose of the policy is to guide an officer’s decisions regarding the use and application of force to ensure such applications are used only to effect arrest or lawful detentions or to bring a situation under legitimate control and assist the Department in achieving its highest priority. No policy can anticipate every conceivable situation or exceptional circumstance which officers may face. In all circumstances, officers are expected to exercise sound judgment and critical decision making when using force options. It is the policy of the Department to review rigorously every instance in which a firearm is discharged, including exceptional circumstances, on a case-by-case basis to evaluate all facts to determine if the discharge is within policy pursuant to DGO 3.10 Firearm Discharge Review Board

5.01.02 POLICY

A. SAFEGUARDING HUMAN LIFE AND DIGNITY - The authority to use force is a serious responsibility given to peace officers by the people who expect them to exercise that authority judiciously and with respect for human rights, dignity and life. 

B. ESTABLISH COMMUNICATION - Communication with non-compliant subjects is often most effective when officers establish rapport, use the proper voice intonation, ask questions and provide advice to defuse conflict and achieve voluntary compliance before resorting to force options. 

C. DE-ESCALATION - Officers shall, when feasible, employ de-escalation strategies and techniques to mitigate the need to use a higher level of force and to increase the likelihood of a peaceful resolution. Officers shall, when feasible, attempt to build rapport and consider the possible reasons why a subject may be noncompliant. This information may not make the subject any less dangerous. However, understanding a subject’s mental or physical state may enable officers to influence the subject’s behavior thereby allowing officers to use de-escalation strategies and techniques while maintaining public and officer safety. Officers who act to de-escalate an incident, which can delay taking a subject into custody, while keeping the public and officers safe, will not be found to have neglected their duty. They will be found to have fulfilled it.

D. PROPORTIONALITY - When determining the appropriate level of force, officers shall, when feasible, balance the severity of the offense committed and the level of resistance, based on the totality of the circumstances known to or perceived by the officer at the time, with the level of force used and its likely injury outcome. It is particularly important that officers apply proportionality and critical decision making when encountering an armed subject. 

E. CRISIS INTERVENTION - When feasible, Crisis Intervention Team(CIT)-certified officers shall respond to calls for service involving individuals in mental or behavioral health crisis pursuant to DGO 5.21, The Crisis Intervention Team Response to Person in Crisis Calls for Service.

F. DUTY TO INTERCEDE - When an officer recognizes that another officer is engaging in excessive use of force and has opportunity to prevent it, the officer has a duty to intervene and prevent the harm from occurring. Members shall immediately report potential excessive force to a superior officer when present and observing another member using force that the member believes to be beyond that which is necessary, as determined by an objectively reasonable officer under the circumstances based upon the totality of information actually known to the officer. (See Section 7286 of the Government Code) 

G. FAIR AND UNBIASED POLICING - Members shall carry out their duties, including the use of force, in a manner that is fair and unbiased pursuant to DGO 5.17, Bias-Free Policing Policy

H. VULNERABLE POPULATIONS - The use of force against vulnerable populations – including children, elderly persons, pregnant women, people with physical and mental disabilities and people with limited English proficiency – can undermine public trust and should be used as a last resort, when all other reasonable means have been exhausted.

5.01.03 DEFINITIONS

A. FEASIBLE - 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. Cal. Government Code § Section 7286(a)(2). 

B. MINIMAL AMOUNT OF FORCE NECESSARY - The lowest level of force within the range of objectively reasonable force that is necessary to effect an arrest or achieve a lawful objective without increasing the risk to others. 

C. PERSONAL BODY WEAPONS - An officer’s use of their body part, including but not limited to hand, foot, knee, elbow, shoulder, hip, arm, leg, or head by means of high velocity kinetic energy transfer (impact) to gain control of a subject.

D. REASONABLE FORCE - Force that would be objectively reasonable “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 judgments about using force.” Cal. Penal Code § 835a(a)(4).

E. REPORTABLE FORCE - All uses of force are reportable except for Type I force. Types II, III, and IV force are reportable. The types of force are defined in subsection 5.01.07, Types of Force.

F. SERIOUS BODILY INJURY - A serious impairment of physical condition, including but not limited to loss of consciousness, concussion, bone fracture, protracted loss or impairment of function of any bodily member or organ, a wound requiring extensive suturing, and serious disfigurement. 

G. VITAL AREAS OF THE BODY - The head, neck, face, throat, spine, groin and kidney. 

H. DEADLY FORCE - Any use of force that creates a substantial risk of causing death or serious bodily injury, including but not limited to the discharge of a firearm. Cal. Penal Code § 835a(e)(1). 

I. IMMINENT THREAT OF DEATH OR SERIOUS BODILY INJURY - 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 that a person has the present ability, opportunity, and apparent intent to immediately cause death or serious bodily injury to the peace officer or another person. An imminent harm 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. Cal. Penal Code § 835a(e)(2). 

J. INTERCEDE – Includes, but is not limited to, physically stopping the excessive use of force, recording the excessive force, if equipped with a body-worn camera, and documenting efforts to intervene, the efforts to deescalate the offending officer’s excessive use of force, and confronting the offending officer about the excessive force during the use of force and, if the officer continues, reporting to dispatch or the watch commander on duty and stating the offending officer’s name, unit, location, time, and situation, in order to establish a duty for that officer to intervene. (See Section 7286 of the Government Code.) 

K. DE-ESCALATION - The process of using strategies and techniques intended to decrease the intensity of the situation.

L. STRATEGIC COMMUNICATIONS - The use of verbal and non-verbal techniques to aid in the controlling of a situation and enhancing officer and community safety.

M. RAPPORT - The use of verbal and non-verbal communication to develop insight and understanding of a subject and to achieve more effective dialogue.

5.01.04 CONSIDERATIONS GOVERNING ALL USES OF FORCE

A. USE OF FORCE MUST BE FOR A LAWFUL PURPOSE - Officers may use objectively reasonable force options in the performance of their duties, in the following circumstances.

1. To effect a lawful arrest, detention, or search.
2. To overcome resistance or to prevent escape.
3. To prevent the commission of a public offense.
4. In defense of others or in self-defense.
5. To gain compliance with a lawful order.
6. To prevent a person from injuring themself. However, an officer is prohibited from using lethal force against a person who presents only a danger to themself and does not pose an imminent threat of death or serious bodily injury to another person or officer.

B. USE OF FORCE EVALUATION - The United States Supreme Court in Graham v. Connor (1989) 490 U.S. 386 held that an officer’s use of force must be objectively reasonable under the totality of circumstances known to the officer at the time. This General Order builds upon the broad principles in Graham by adding additional factors upon which an officer’s use of force shall be evaluated. This General Order is more restrictive than the constitutional standard and state law. Officers must strive to use the minimal amount of force necessary.

1. The objective reasonableness of a particular use of force must be judged from the perspective of a reasonable officer on the scene, rather than 20/20 hindsight, and without regard to the officer’s underlying intent or motivation. 2

2. Factors for evaluating the use of force include but are not limited to:

   1. Nature of the threat posed (see also DGO 5.01.02.D, “Proportionality,” and 5.01.03.I, “Imminent Threat”)
   2. The severity of the crime at issue;
   3. The level of resistance of the subject;
   4. The effort by the subject to evade arrest by flight;
   5. The time available to the officer to make decisions during circumstances that are tense, uncertain, and rapidly-evolving;
   6. The availability of other feasible, less intrusive force options;
   7. The officer’s tactical conduct and decisions preceding the use of force;
   8. Whether the officer has reason to believe that the subject is mentally ill, has a physical, developmental or cognitive disability, is emotionally disturbed or is under the influence of alcohol or drugs;
   9. Whether there was an opportunity to warn about the use of force prior to force being used, and if so, was such a warning given;
   10. Whether there was any assessment by the officer of the subject’s ability to cease resistance and/or comply with the officer’s commands;
   11. Specialized knowledge, skills, or abilities of subjects;
   12. Prior contact;
   13. Environmental factors, including but not limited to lighting, footing, sound conditions, crowds, traffic and other hazards; and
   14. Whether the subject’s escape could pose a future safety risk. 

   Not all of the above factors may be present or relevant in a particular situation, and there may be additional factors not listed.

C. DE-ESCALATION - Barring exigent circumstances, the primary objective of the first responding officer(s) should be to observe the incident from a distance, assess the nature of the call, and gather the appropriate personnel or resources. When encountering a non-compliant or armed subject, officers shall, when feasible, use de- escalation strategies and techniques in an effort to reduce the need or level of force, including:

1. Make reasonable attempts to isolate and contain the subject; 2
2. Create time and distance from the subject by establishing a buffer zone (reactionary gap) and utilize cover to avoid creating an imminent threat that may require the use of force;
3. Request additional resources, such as Crisis Intervention Team (CIT) certified officers, Hostage/Crisis Negotiation Team, or an Extended Range Impact Weapon;  
4. In order to minimize overwhelming or conflicting communication, one officer should be responsible at any given time for reasonable attempts to establish rapport and engage in strategic communication with the subject;
5. Tactically re-position as often as necessary to maintain the reactionary gap, protect the public, and preserve officer safety; and
6. Continue de-escalation strategies and techniques and take as much time as reasonably necessary to resolve the incident, without having to use force, if feasible. Other options, not listed above, may be available to assist in de-escalation efforts. Supervisors who become aware of a situation where an officer is using de-escalation techniques shall monitor the radio communications and evaluate the need to respond to the scene.

D. CRITICAL DECISION-MAKING MODEL - Using a critical decision-making model, officers shall collect information, assess the threats and risk, consider police powers and the Department’s policies, identify options and determine the best course of action, and review and re-assess the situation. 

E. UNLAWFUL PURPOSES - Penal Code Section 149 provides criminal penalties for every public officer who “under color of authority, without lawful necessity, assaults or beats any person.” An assault and battery committed by officers constitute gross and unlawful misconduct and will be criminally investigated. 

F. SUBJECT ARMED WITH A WEAPON - NOTIFICATION AND COMMAND - In situations where a subject is armed with a weapon, officers and supervisors shall comply with the following:

1. OFFICER’S RESPONSIBILITY - Upon being dispatched to or on-viewing a subject with a weapon, an officer shall call a supervisor as soon as feasible.
2. SUPERVISORS’ RESPONSIBILITIES - When notified that officers are dispatched to or on-view a subject armed with a weapon, a supervisor shall respond and, as soon as feasible:
   1. Notify DEM, monitor radio communications, respond to the incident (e.g., “3X100, I’m monitoring the incident and responding.”);
   2. Notify officers, absent a “Code 33” or other articulable reasons why it would be unsafe to do so, to use time, distance and/or other de-escalation tactics (as defined in Section 5.01.04 C.1-6), if appropriate;
   3. Upon arrival, where appropriate, the supervisor shall assume command, and ensure appropriate resources are on-scene or are responding.

5.01.05 LEVELS OF RESISTANCE

A. COMPLIANT - Subject offers no resistance.

B. PASSIVE NON-COMPLIANCE - Does not respond to verbal commands but also offers no physical form of resistance. 

C. ACTIVE RESISTANCE - Physically evasive movements to defeat an officer’s attempt at control including bracing, tensing, running away, verbally or physically signaling an intention to avoid or prevent being taken into or retained in custody. 

D. ASSAULTIVE - Aggressive or combative; attempting to assault the officer or another person, verbally or physically displays an intention to assault the officer or another person.

E. LIFE-THREATENING - Any action likely to result in serious bodily injury or death of the officer or another person. 

The following chart illustrates how a subject’s level of resistance (as a lone consideration) may factor into the selection of reasonable force options.

5.01.06 LEVELS OF FORCE

Officers shall strive to use the minimum amount of force necessary to accomplish their lawful purpose.

A. LOW LEVEL FORCE – Force that creates a minimal risk of injury, including but not limited to, verbal commands, uniformed presence, and control holds. 

B. INTERMEDIATE FORCE - Force that creates a significant risk of injury, including but not limited to, personal body weapons, tackling, Oleoresin Capsicum (OC) spray, and impact weapons. 

C. DEADLY FORCE - Any use of force that creates a substantial risk of causing death or serious bodily injury, including, but not limited to, the discharge of a firearm. Cal. Penal Code § 835a(e)(1).

5.01.07 TYPES OF FORCE

For the purposes of reporting, investigating, evaluating, and reviewing, uses of force are identified as one of four types: Type I, II, III and IV.

5.01.08 FORCE OPTIONS

The force options authorized by the Department are physical controls, personal body weapons, chemical agents, impact weapons, extended range impact weapons, vehicle interventions, K-9 bites, and firearms. These are the force options available to officers, but officers are not required to use these force options based on a continuum. While deploying a particular force option and, when feasible, officers shall continually evaluate whether the force option may be discontinued while still achieving the arrest or lawful objective.

A. TOOLS AND TECHNIQUES FOR FORCE OPTIONS - The following tools and techniques are not in a particular order nor are they all inclusive.

• Verbal Commands/Instructions/Command Presence
• Control Holds/Takedowns
• Personal Body Weapons
• Chemical Agents (Pepper Spray, OC, etc.)
• Impact Weapon (Wood baton, collapsible baton, Yawara, etc.)
• Impact Projectile (such as ERIW)
• K-9 Bite
• Vehicle Intervention (Deflection)
• Firearms

B. PHYSICAL CONTROLS/PERSONAL BODY WEAPONS - Physical controls, such as control holds, takedowns, strikes with personal body weapons, and other weaponless techniques are designed to gain compliance of, and/or control over, uncooperative or resistant subjects.

1. PURPOSE - When a subject offers some degree of passive or active resistance to a lawful order, in addition to de-escalation techniques and appropriate communication skills, officers may use physical controls consistent with Department training to gain compliance. A subject’s level of resistance and the threat posed by the subject are important factors in determining what type of physical controls or personal body weapons should be used.
2. USE - Officers shall consider the relative size and possible physical capabilities of the subject compared to the size, physical capabilities, skills, and experience of the officer. When faced with a situation that may necessitate the use of physical controls, officers shall consider requesting additional resources to the scene prior to making contact with the subject, if feasible. Different physical controls involve different levels of force and risk of injury to a subject or to an officer. Some physical controls may actually involve a greater risk of injury or pain to a subject than other force options.
3. PROHIBITED USE OF CAROTID RESTRAINT, CHOKE HOLDS, OR POSTIONAL ASPHYXIA- Officers are prohibited by Government Code 7286.5 from using the following control holds:
   1. Carotid restraint - A vascular neck restraint or any similar restraint, hold, or other defensive tactic in which pressure is applied to the sides of a person’s neck that involves a substantial risk of restricting blood flow and may render the person unconscious in order to subdue or control the person.
   2. Choke hold - Any defensive tactic or force option in which direct pressure is applied to a person’s trachea or windpipe.
   3. Positional asphyxia - Situating a person in a manner that compresses their airway and reduces the ability to sustain adequate breathing. This includes, without limitation, the use of any physical restraint that causes a person’s respiratory airway to be compressed or impairs the person’s breathing or respiratory, including any action in which pressure or body weight is unreasonably applied against a restrained person’s neck, torso, or back, or positioning a restrained person without reasonable monitoring for signs of asphyxia.

4. PROHIBITED USE OF PHYSICAL CONTROL TO HEAD, NECK AND THROAT- Officers may not apply pressure while using any use of force tool, physical control or personal weapons, and other weaponless techniques such as knee, other body part to the head, neck or throat of a person while effecting an arrest of a person, overcoming resistance, or preventing escape unless an exigent circumstance arises.

   Exigent Circumstance Exception - An exigent circumstance arises when an officer reasonably believes, based on specific and articulable facts, that a threat exists to a person’s safety, the safety of others, or the safety of the involved officer(s). When an officer applies force, pressure or control to the head, neck or throat of a subject, the officer shall, as soon as safe and feasible, take the following actions:

   1. Continually reassess whether the circumstances leading to the exigent use of the force option or technique still apply;
   2. Avoid contact with, or putting pressure on, the person’s trachea or airway in any way;
   3. Discontinue the force option or technique and/or transition to a different force option as soon feasible;
   4. Monitor the subject for breathing and responsiveness and ensure the subject is medically assessed;
   5. Notify a supervisor;
   6. Document and articulate the circumstances and steps taken in the corresponding incident report if it’s a reportable use of force.

5. SAFEGUARDING DIGNITY – While conducting an arrest or detention in the field, officers shall not direct a subject to involuntarily sit, lay, kneel or otherwise assume a lowered position on the ground, unless there are specific and articulable safety concerns. 

   When the officer determines that the safety concern is sufficiently addressed, the officer shall immediately get the person off the ground with dignity and respect. 

   The corresponding arrest or detention report shall document and articulate the specific safety concerns, within the totality of circumstances, that led the officer to involuntarily direct the subject to the ground, as well as related follow-up at the scene. Specific factors may include the nature or type of call, pre-assaultive behavior, evasive efforts or indicators, access to weapons, number and/or size of subjects, mental status or apparent intoxication of the subject, and/or other considerations. Generalized or rote factors may not sufficiently address this subsection on their own.

6. MEDICAL ASSESSMENT - Any subject who has been injured, complains of an injury in the presence of officers, or complains of pain that persists beyond the use of the physical control hold shall be medically assessed by emergency medical personnel.

C. CHEMICAL AGENTS - Chemical agents, such as OC Spray, are designed to cause irritation and temporarily incapacitate a subject.

1. PURPOSE - Chemical agents can be used to subdue an unarmed attacker or to overcome active resistance (unarmed or armed with a weapon other than a firearm) that is likely to result in injury to either the subject or the officer. In many instances, chemical agents can reduce or eliminate the necessity to use other force options to gain compliance, consistent with Department training.
2. WARNING - Officers shall provide a warning prior to deploying a chemical agent, if feasible:
   1. Announce a warning to the subject and other officers of the intent to deploy the chemical agent if the subject does not comply with officer commands; and
   2. Give the subject a reasonable opportunity to voluntarily comply, unless it would pose a risk to the public or the officer or permit the subject to undermine the deployment of the chemical agent.
3. MANDATORY FIRST AID - At the scene or as soon as possible, officers shall administer first aid by:
   1. Seating the subject or other person(s) exposed to a chemical agent in an upright position, and
   2. Flushing their eyes out with clean water and ventilate with fresh air.
4. MANDATORY MEDICAL ASSESSMENT - Any person exposed to a chemical agent shall be medically assessed by emergency medical personnel. Any exposed person shall be kept under direct visual observation until medically assessed. If an exposed person loses consciousness or has difficulty breathing, an officer shall immediately request for emergency medical personnel, render first aid and monitor the subject until relieved by emergency medical personnel. Officers shall notify dispatch to expedite emergency medical personnel if the person loses consciousness or has difficulty breathing.
5. TRANSPORTATION - Subjects in custody exposed to a chemical agent must be transported in an upright position by two officers. The passenger officer shall closely monitor the subject for any signs of distress. If the subject loses consciousness or has difficulty breathing, officers shall immediately seek emergency medical attention. Hobble cords or similar types of restraints shall only be used to secure a subject’s legs together. They shall not be used to connect the subject’s legs to their waist or hands or to a fixed object.
6. BOOKING FORM - Officers shall note on the booking form that the subject has been exposed to a chemical agent.

D. IMPACT WEAPON - Department issued and authorized impact weapons include the 26” straight wooden baton, the 36” straight wooden baton, the wooden or polymer Yawara stick, the 21” to 29” telescopic metal baton and the wooden bokken and are designed to temporarily incapacitate a subject.

1. PURPOSE - An impact weapon may be used in accordance with Department training to administer strikes to non-vital areas of the body, which can subdue an assaultive subject who is actively resisting and poses a threat to the safety of officers or others. Only Department issued or authorized impact weapons shall be used. Officers may resort to the use of other objects as impact weapons, such as a flashlight or police radio, if exigent circumstances exist, and officers shall articulate the reason for doing so in the corresponding incident report.
2. WARNING - When using an impact weapon, an officer shall, if feasible:
   1. Announce a warning to the subject of the intent to use the impact weapon if the subject does not comply with officer’s commands; and
   2. Give the subject a reasonable opportunity to voluntarily comply, except that the officer need not do so where it would pose a risk to the public or the officer or permit the subject to undermine the use of the impact weapon.
3. RESTRICTED USES - Unless exigent circumstances exist, officers shall not intentionally strike vital areas, including the head, neck, face, throat, spine, groin or kidney. The use of an impact weapon to a vital area has a likelihood of causing serious bodily injury or death, and the intentional use of an impact weapon to these areas shall only be used in situations where lethal force is justified.
4. PROHIBITED USES - Officers shall not:
   1. Use the impact weapon to intimidate a subject or person, such as slapping the palm of their hand with an impact weapon where neither the use of an impact weapon or impact weapon warning is appropriate.
   2. Strike a handcuffed prisoner who poses no threat. This action is inappropriate and may result in disciplinary action and/or criminal prosecution.
5. MANDATORY MEDICAL ASSESSMENT - Any officer who strikes a subject with an impact weapon shall ensure the subject is medically assessed.

E. EXTENDED RANGE IMPACT WEAPON (ERIW) - An Extended Range Impact Weapon (ERIW), such as a beanbag shotgun, is a weapon that fires a bean bag or other projectile designed to temporarily incapacitate a subject. An ERIW is generally not considered to be a lethal weapon when used at a range of 15 feet or more.

1. PURPOSE - The ERIW may be used on a subject who is armed with a weapon that could cause serious injury or death. The ERIW may also be used in accordance with Department training to subdue an aggressive, unarmed subject who poses an imminent threat of serious injury to another person or the officer.
2. USE - The ERIW shall be properly loaded and locked in the shotgun rack of the passenger compartment of the vehicle. Officers shall observe the following guidelines:
   1. An officer deploying an ERIW shall always have a lethal cover officer. When more than one officer is deploying an ERIW, tactical judgment and scene management in accordance with Department training will dictate the appropriate number of ERIW and lethal cover officers.
   2. The ERIW officer’s point of aim shall be Zone 2 (waist and below). The ERIW officer’s point of aim may be Zone 1 (waist and above) if:
      1. Zone 2 is unavailable; or
      2. The ERIW officer is delivering the round from 60 feet; or 

      3. Shots to Zone 2 have been ineffective or in the officer’s judgment a shot to zone 2 would be ineffective. 

         Officer shall articulate in writing the reason for intentionally aiming the ERIW at Zone 1. 

   3. The use of an ERIW to a vital area has a likelihood of causing serious bodily injury or death, and the intentional use of an ERIW to these areas shall only be used in situations where deadly force is justified.
   4. The ERIW officer shall assess the effect of the ERIW after each shot. If subsequent ERIW rounds are needed, the officer shall aim at a different target area.
3. LIMITED USES - The ERIW should not be used in the following circumstances (unless the use of deadly force is appropriate):
   1. The subject is at the extremes of age (elderly and children) or physically frail.
   2. The subject is in an elevated position where a fall is likely to cause serious injury or death.
   3. The subject is known or appears to be pregnant.
   4. At ranges of less than 15 feet.
4. WARNING - When using the ERIW, an officer shall, if feasible:
   1. Announce to other officers the intent to use the ERIW by stating, “Red Light! Less Lethal! Less Lethal!”
   2. All other officers at scene to acknowledge imminent deployment of ERIW by echoing, “Red Light! Less Lethal! Less Lethal!”
   3. Announce a warning to the subject that the ERIW will be used if the subject does not comply with officer commands;
   4. Give the subject a reasonable opportunity to voluntarily comply unless it would pose a risk to the community or the officer or permit the subject to undermine the deployment of the ERIW.
5. MANDATORY MEDICAL ASSESSMENT - Any subject who has been struck by an ERIW round shall be medically assessed by emergency medical personnel.
6. BOOKING FORM - Persons who have been struck by an ERIW round shall have that noted on the booking form.

F. VEHICLE INTERVENTIONS - An officer’s use of a police vehicle as a “deflection” technique, creation of a roadblock by any means, or deployment of tire deflation devices, or any other interventions resulting in the intentional contact with a vehicle for the purpose of making a detention or arrest, are considered a use of force upon each occupant of the vehicle and must be objectively reasonable under the circumstances.

1. The Department’s policies concerning an officer’s use of a police vehicle as a “deflection” technique, creation of a roadblock by any means, or any other interventions resulting in the intentional contact with a subject’s vehicle during a vehicle pursuit are set forth in DGO 5.05,
2. TIRE DEFLATION DEVICES (TDD) – TDD use a variety of mechanical methods to defeat the integrity of vehicle tires to release the air pressure in a predictable, controlled manner.
   1. PURPOSE – TDD are de-escalation tools and are intended as a defensive vehicle intervention tactic, deployed with the intent to afford time and distance by safely slowing a vehicle, thus reducing risk to the public, vehicle occupants, and officers. Tire deflation devices may be used proactively to prevent flight or assault, or reactively to intervene with a fleeing, reckless, or assaultive vehicle.
   2. USE – TDD deployment should be considered in any of the following circumstances:
      1. During a vehicle pursuit. TDD deployment procedures during a vehicle pursuit are governed by DGO 5.05.
      2. When a vehicle is being operated in a manner likely to cause death or serious bodily injury to the public, vehicle occupants, or officers.
      3. When there is probable cause to arrest or reasonable suspicion to detain an occupant of the vehicle and there is an articulable and reasonable belief that the operator of the vehicle has previously fled or is likely to flee if a vehicle stop is attempted.
      4. When there is probable cause to arrest or reasonable suspicion to detain an occupant of the vehicle and there is an articulable and reasonable belief that the occupant needs to be immediately apprehended because of the risk posed to public safety due to the seriousness of the crime.
      5. To prevent the movement of a stationary vehicle when there is a reasonable belief that the vehicle will be operated or occupied by an individual in circumstances described in Section iii or iv, above.
      6. During special events (e.g., parades, large gatherings, races) to prevent any vehicle from causing serious bodily injury or death.
   3. LIMITED USES – TDD shall not be used in the following circumstances (unless the use of deadly force is appropriate):
      1. Two or three wheeled vehicles such as motorcycles, mopeds, or motorized three wheelers.
      2. Any vehicle transporting a hazardous material as defined in section 2402.7 of the California Vehicle Code.
      3. Any passenger or school bus currently transporting passengers.
      4. Any articulated vehicle such as a vehicle towing a trailer or a semi-tractor/trailer combination.
   4. TRAINING AND EQUIPMENT
      1. Officers may only deploy Department issued TDD.
      2. Officers may only deploy a TDD after they have completed Department approved training on that specific type of TDD.
   5. PROPERTY DAMAGE - TDD contact with and/or damage to an unintended vehicle does not constitute a use of force and shall be documented according to Department procedures for damage to private property.

G. FIREARMS AND OTHER DEADLY FORCE - Deadly force is any use of force that creates a substantial risk of causing death or serious bodily injury, including, but not limited to, the discharge of a firearm. It is the policy of this Department to use deadly force only as a last resort when reasonable alternatives have been exhausted or are not feasible to protect the safety of the public and police officers. The use of firearms and other deadly force is the most serious decision an officer may ever make. When safe and feasible under the totality of circumstances, officers shall consider other objectively reasonable force options before discharging a firearm or using other deadly force. Proper use of firearm for authorized training purposes, securing a weapon in accordance with Department protocols, or legal recreational activity is not within the purview of this General Order.

1. HANDLING, DRAWING AND POINTING FIREARMS
   1. HANDLING FIREARMS - An officer shall handle and manipulate a firearm in accordance with Department-approved firearms training. An officer shall not manually cock the hammer of the Department-issued handgun to defeat the first shot double-action feature.
   2. AUTHORIZED USES - An officer may draw, exhibit, or point a firearm in the line of duty when an objectively reasonable officer, based on the totality of circumstances, would believe there is a specific and articulable threat of serious bodily injury or death, or that the situation may escalate to justify the use of deadly force. When an officer determines that the threat is over, the officer shall holster their firearm or shoulder the weapon in the port arms position pointed or slung in a manner consistent with Department approved firearms training.
   3. DRAWING AND EXHIBITING A FIREARM - For the purposes of this order, Drawing and Exhibiting occurs anytime an officer removes their handgun from its holster but does not point the firearm at a person. Officer(s) shall document and articulate the justification and circumstances for Drawing and Exhibiting a firearm in their corresponding report. If an incident report is not otherwise required, the officer Drawing and Exhibiting the firearm shall memorialize and articulate the justification in their body-worn camera or CAD. Supervisors shall complete a corresponding Drawing and Exhibiting Supervisory evaluation before the end of watch.
   4. POINTING A FIREARM AT A PERSON - For the purposes of this order, Pointing a Firearm occurs whenever an officer, with the muzzle of their drawn firearm, covers any portion of a person. No officer shall point a firearm at a person unless there is an objectively reasonable cause to believe the situation may escalate to justify deadly force. If an officer points a firearm at a person, the officer shall, if feasible, safe, and when appropriate, advise the subject the reason why the officer(s) pointed the firearm. Officers shall document and articulate their justification for pointing their firearm in the corresponding report. Supervisors shall complete a corresponding Use of Force Supervisory evaluation before the end of watch.
   5. NOTIFICATION & EVALUATION - Whenever an officer draws, exhibits, or points a firearm, the officer shall notify their supervisor immediately or as soon as practical. The supervisor shall conduct a Use of Force Supervisory Evaluation in circumstances where the officer pointed the firearm at a person; otherwise, the supervisor shall conduct a Drawing and Exhibiting Supervisory Evaluation.
2. DISCHARGE OF FIREARMS OR OTHER USE OF DEADLY FORCE
   1. PERMISSIBLE CIRCUMSTANCES - Except as limited by Sections 5.01.07 G.2. d. and e., an officer may discharge a firearm or use other deadly force in any of the following circumstances. The circumstances below (2.a.i-iv) apply to a discharge of a firearm or application of deadly force:
      1. In self-defense when the officer has reasonable cause to believe that they are in imminent danger of death or serious bodily injury; or
      2. In defense of another person when the officer has reasonable cause to believe that the person is in imminent danger of death or serious bodily injury. However, an officer may not discharge a firearm at, or use deadly force against, a person who presents a danger only to themself, and there is no reasonable cause to believe that the person poses an imminent danger of death or serious bodily injury to the officer or any other person; or
      3. To apprehend a person when both of the following circumstances exist:
         • The officer has reasonable cause to believe that the person has committed or has attempted to commit a violent felony involving the use or threatened use of deadly force; AND
         • The officer has reasonable cause to believe that a substantial risk exists that the person will cause death or serious bodily injury to officers or others if the person’s apprehension is delayed; or
      4. To kill an animal posing an imminent threat. Officers shall reassess the situation, when feasible and safe, to determine whether the subject continues to pose an imminent threat.
   2. VERBAL WARNING - If feasible, and if doing so would not increase the danger to the officer or others, an officer shall give a verbal warning to submit to the authority of the officer before discharging a firearm or using other deadly force.
   3. REASONABLE CARE FOR THE PUBLIC - To the extent feasible, an officer shall take reasonable care when discharging their firearm so as not to jeopardize the safety of the public or officers.
   4. PROHIBITED CIRCUMSTANCE - Officers shall not discharge their firearm:
      1. As a warning; or
      2. At a person who presents a danger only to themself.
   5. MOVING VEHICLES - An officer shall not discharge a firearm at the operator or occupant of a moving vehicle unless the operator or occupant poses an imminent threat of death or serious bodily injury to the public or an officer by means other than the vehicle. Officers shall not discharge a firearm from their moving vehicle.
3. RENDERING OR REQUESTING MEDICAL AID - Following the use of deadly force, officers shall render or request medical aid if needed or requested by anyone as soon as reasonably possible.

4. NOTIFICATION & EVALUATION - Type IV force includes any use offorce involving the discharge of a firearm, the use of the Deflection vehicle pursuit intervention technique, or the application of any other deadly force. It also includes the use of low or intermediate force that results in death or serious bodily injury. In all circumstances, an officer using Type IV force shall notify their supervisor immediately or as soon as practical.

   The supervisor shall immediately notify their Superior Officer and complete a corresponding Use of Force Supervisory Evaluation, with a referral for Pending Investigation by the end of watch.

   1. FIREARMS – Whenever an officer discharges a firearm, either on or off- duty, the officer shall notify their supervisor immediately or as soon as practical, as required under DGO 8.11, Investigation of Officer Involved Shootings and Discharges.
   2. OTHER DEADLY FORCE – Whenever an officer uses the Deflection pursuit intervention technique as defined in DGO 5.05, Emergency Response and Pursuit Driving, or other deadly force, the officer shall notify their supervisor immediately or as soon as practical, as established under DGO 8.11, Investigation of Officer Involved Shootings and Discharges.
   3. FORCE RESULTING IN DEATH OR SERIOUS BODILY INJURY – Force resulting in death, including during the application of low or intermediate force, shall be investigated in accordance with DGO 8.12, In- Custody Deaths. Force resulting in serious bodily injury shall be immediately reported by the superior officer to the commanding officer, who shall determine which unit shall be responsible for further investigation.
5. DRAWING AND EXHIBITING A FIREARM – Drawing and Exhibiting a firearm is not a use of force; however, circumstances of Drawing and Exhibiting a Firearm are to be memorialized and reviewed in the following manner:
   1. The officer shall document and articulate the justification for the Drawing and Exhibiting of the firearm on BWC or CAD or in the corresponding incident report and shall notify a supervisor.
   2. When multiple officers Draw and Exhibit in the same incident, and an incident report is required, a single reporting officer who is in the best position to provide an accurate and concise report may write the report on behalf of all officers involved. The reporting officer shall identify all officers on scene and indicate whether they articulated the justification for their Drawing and Exhibiting on BWC.
   3. Supervisors shall review the relevant body worn camera footage and any other available evidence, in order to complete the Supervisory evaluation of the Drawing and Exhibiting.
   4. Supervisors shall complete the corresponding Drawing and Exhibiting Supervisory Evaluation form by the end of watch.
   5. The Commanding Officer or their designee shall review, evaluate, and approve all completed Drawing and Exhibiting Supervisory Evaluations occurring within their command.

5.01.09 USE OF FORCE REPORTING

A. REPORTABLE USES OF FORCE – All uses of force, other than Type I, are reportable. Officers shall be required to provide a written report for uses of force only when (1) the use of force resulted in a physical injury, including where the officer believes the use of force is likely to have caused a physical injury or where a person has complained of a physical injury; or (2) an officer removed a firearm from a holster and pointed the firearm at a person or used it to compel a person to comply. In all other instances involving a reportable use of force, the officers shall satisfy these reporting requirements using body-worn cameras, to the maximum extent possible.

1. NOTIFICATION OF USE OF FORCE - An officer shall notify their supervisor immediately or as soon as practical of any reportable use of force. A supervisor shall be notified if an officer receives an allegation of excessive force.
2. EVALUATION OF USE OF FORCE - A supervisor shall conduct a use of force evaluation in all cases involving a reportable use of force. When the officer using force is a supervisor, another supervisor or superior officer shall conduct the use of force evaluation.
3. EXCESSIVE USE OF FORCE - Every allegation of excessive force shall be subject to the reporting and investigative requirements of this General Order and applicable disciplinary policies.

B. PROCEDURES

1. OFFICER’S RESPONSIBILITY - Any reportable use of force shall be documented in detail in an incident report, supplemental incident report, or statement form. 

   EXCEPTIONS: Type II and Type III uses of force only resulting in complaints of pain shall be reported to a supervisor and shall be documented on BWC or CAD.

   Descriptions in writing or on BWC shall be in clear, precise and plain language and shall be as specific as possible.

   1. When the officer using or reporting force is preparing the incident report or documenting a use of force on BWC, the officer shall include the following information:
      1. The subject’s action necessitating the use of force, including the threat presented by the subject;
      2. Efforts to de-escalate prior to the use of force; and if not, why not;
      3. Any warning given and if not, why not;
      4. The type of force used;
      5. Injury sustained by the subject; Injury sustained by the officer or another person;
      6. Information regarding medical assessment or evaluation, including whether the subject refused;
      7. The supervisor’s name, rank, star number and the time notified.
   2. If an officer (or officers) who used force cannot document their use of force due to exceptional circumstances, another officer shall document this use of force in an incident report, supplemental incident report or statement form at the direction of a supervisor.

   3. When multiple officers use force in the same incident, all reportable uses of force shall be documented by a single reporting officer who is in the best position to provide an accurate and concise report. Witness officers are authorized to use their body worn camera recordings as documentation of what occurred. The reporting officer shall identify all officers on scene and indicate whether the BWC of a witnessing officer or an officer using force was activated and whether it captured footage related to the incident. 

      Depending on the level of force used and the nature of the incident, involved officers other than the reporting officer, may submit their own written statement form or supplemental incident report if the officers deem it necessary or at the direction of a supervisor.

      Witnessing officers who fail to activate their BWC are required to explain the reason for non-activation in their report or statement pursuant to DGO 10.11.

2. SUPERVISOR’S RESPONSIBILITY - When notified of the use of force, the supervisor shall conduct a supervisory evaluation to determine whether the force used appears reasonable and within the provisions of this order. The supervisor shall:
   1. Immediately respond to the scene unless a response is impractical, poses a danger, or where officers’ continued presence creates a risk. When more than one supervisor responds, the responsibility falls to the senior supervisor;
   2. Ensure the scene is secure and observe injured subjects or officers;
   3. Ensure that witnesses (including officers) are identified and interviewed, and that this information is included in the incident report. The number of witnesses may preclude identification and interview of all witnesses, however supervisors shall ensure identification to the best of their ability;
   4. Ensure photographs of injuries are taken and all other evidence is booked;
   5. Remain available to review the officer’s incident report, supplemental incident report and written statement at the direction of the superior officer. A supervisor shall not approve an incident report or written statement involving a use of force that does not comply with the requirements as set forth in 5.01.08 B.1 above;
   6. If applicable, ensure the supervisor’s reason for not responding to the scene is included in the incident report.
   7. Review body worn camera footage, and any other available evidence relevant to the incident, in order complete the Supervisory evaluation;
   8. Complete the Use of Force Log (SFPD 128) and attach one copy of the incident report by the end of watch. 

   9. Complete the Supervisory Use of Force Evaluation by the end of watch. 

      If a supervisor determines that a member’s use of force is unnecessary or that an officer has applied force that results in serious bodily injury or death, the supervisor shall notify their superior officer.

      Supervisors shall exercise their discretion as to when it is practical or necessary to review evidence, including body worn camera video. Shortage of supervisory oversight should be addressed through the chain of command. In any circumstance, however, the evaluation shall be completed before the end of watch.

3. SUPERIOR OFFICER’S RESPONSIBILITY - When a superior officer is notified of a supervisor’s preliminary determination of unnecessary force or force that results in serious bodily injury or death, the superior officer shall:
   1. Respond to the scene and assume command, as practical;
   2. Notify the commanding officer and ensure all other notifications are made consistent with DGO 1.06, Duties of Superior Officers, and, in cases of unnecessary force, notification and submission of any documentation to the Department of Police Accountability, consistent with DGO 2.04, Complaints Against Officers;
   3. Determine which unit(s) will be responsible for the on-going investigation(s);
   4. Prepare a report containing preliminary findings, conclusions and/or recommendations, if appropriate.

C. OTHER REQUIREMENTS

1. USE OF FORCE LOG - The following units shall maintain a Use of Force Log:

• District Stations
• Airport Bureau 

• Department Operations Center

  On the Monday of each week, unless a holiday, and then on the Tuesday, Commanding Officers shall sign the Use of Force log and send it to their respective Bureau Deputy Chief and a copy sent to the Risk Management Office.

2. RECORDING PROCEDURES - Supervisors shall document a reportable use of force for all officers – including those officers assigned to specialized units – in the Use of Force Log at the District Station where the use of force occurred, except as noted below:
   1. Any use of force occurring outside the city limits, except at the San Francisco International Airport, shall be recorded in the Department Operations Center’s Use of Force Log.
   2. Any use of force occurring at the San Francisco International Airport shall be recorded in the Airport Bureau’s Use of Force Log.
3. DOCUMENT AND DATA ACCESS - The Technology Division shall ensure that the respective Deputy Chiefs, the Commanding Officer of the Training Division, the Commanding Officer of the Risk Management Office, and their designees have access to Use of Force reports and evaluations, Drawing and Exhibiting evaluations, and their related data. 4
4. TRAINING DIVISION RESPONSIBILITIES - The Training Division shall ensure that use of force data collected by the Technology Division from sources including Use of Force reports, Use of Force supervisory evaluations, and Drawing and Exhibiting supervisory evaluations shall be systematically reviewed, examined, and assessed in order to identify and address training needs and efficacy.
5. RISK MANAGEMENT RESPONSIBILITIES - The Commanding Officer of the Risk Management shall report bi-weekly (1st and 15th) to the Chief of Police, and the Department will report to the Police Commission on the use of force and drawing and exhibiting of a firearm by Department members that includes comprehensive use of force statistics consistent with current federal, state, and local laws on use of force reporting. 

6. DATA COLLECTION AND ANALYSIS - The Department will adhere to collect, analyze, and publicly report its use of force data in the Risk Management Use of Force database. Sections C(6)(i) and section C(6)(j) shall be included in the Supervisor’s Use of Force Evaluation form. The Use of Force statistics and analysis will include at a minimum:

   1. The type of force
   2. The types and degree of injury to suspect and officer
   3. Date and time
   4. Location of the incident
   5. Officer’s unit
   6. District station where the use of force occurred
   7. Officer’s assignment
   8. Number of officers using force in the incident
   9. Officer’s activity when force was used (ex. handcuffing, search warrant, pursuit)
   10. Person’s activity requiring the officer to use force
   11. Officer’s demographics (age, gender, race/ethnicity, rank, number of years with SFPD, number of years as a police officer)
   12. Suspect demographics including race/ethnicity, age, gender, gender identity, primary language, and other factors such as mental illness, cognitive impairment, developmental disability, drug and alcohol use/addiction and homeless.

   On a monthly basis, the Department shall make publicly available, on its website, comprehensive Use of Force statistics and analysis, to include data related to Drawing and Exhibiting a firearm, as well as provide a written use of force report to the Police Commission annually.

5.01.10 OFFICER’S RESPONSIBILITY AND COMPLIANCE

All officers are responsible for knowing and complying with this policy. As with all General Orders, any violation of this policy may subject the member to disciplinary action. Supervisors shall ensure that all personnel in their command know the content of this policy and operate in compliance with it. Any member who becomes aware of any violation to this policy shall promptly report it in accordance with established procedure.

References: 
DGO 1.06, Duties of Superior Officers 
DGO 2.04, Complaints Against Officers 
DGO 5.03, Investigative Detentions 
DGO 5.05, Emergency Response and Pursuit Driving 
DGO 5.17, Bias-Free Policing Policy 
DGO 5.18, Prisoner Handling and Transportation 
DGO 5.21, The Crisis Intervention Team (CIT) Response to Persons in Crisis Calls for Service 
DGO 8.11, Investigation of Officer Involved Shootings and Discharges DGO8.12, In Custody Deaths 
DGO 10.11 Body Worn Camera
POST LD 20, Use of Force/De-Escalation Workbook (Version 5.4) 
POST De-Escalation Manual: Strategies and Techniques for California Law Enforcement (2020)