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Use of Force
300.1 PURPOSE AND SCOPE
This policy provides guidelines on the reasonable use of force. While there is no way to specify
the exact amount or type of reasonable force to be applied in any situation, every member of
this department is expected to use these guidelines to make such decisions in a professional,
impartial, and reasonable manner (Government Code § 7286).
In addition to those methods, techniques, and tools set forth below, the guidelines for the
reasonable application of force contained in this policy shall apply to all policies addressing the
potential use of force, including but not limited to the Remote Restraint Devices, Control Devices
and Techniques and Conducted Energy Device policies.
Retaliation prohibitions for reporting suspected violations are addressed in the Anti-Retaliation
Policy.
300.1.1 DEFINITIONS
Definitions related to this policy include:
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 (Penal Code § 835a).
De-Escalation - De-escalation is the process of using strategies and techniques intended to
decrease the intensity of the situation. When all of the reasonably known circumstances indicate it
is safe, prudent, and feasible to do so, an officer(s) shall attempt to slow-down, reduce the intensity,
or stabilize the situation so that more time, options, and/or resources may become available for
incident resolution.
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 (Government Code § 7286(a)).
Force - The application of physical techniques or tactics, chemical agents, or weapons to another
person. It is not a use of force when a person allows themselves to be searched, escorted,
handcuffed, or restrained.
Necessary - No reasonably effective alternative to the use of force appeared at the time and that
the amount of force used was reasonable based on the Department's policy and training to effect
the lawful purpose intended.
Serious bodily injury - A serious impairment of physical condition, including but not limited to
the following: 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 (Penal Code § 243(f)(4)).
Totality of the circumstances - All facts known to the officer at the time, including the conduct
of the officer and the subject leading up to the use of force (Penal Code § 835a).
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300.2 POLICY
The use of force by law enforcement personnel is a matter of critical concern, both to the public
and to the law enforcement community. Officers are involved on a daily basis in numerous and
varied interactions and, when warranted, may use reasonable force in carrying out their duties.
Officers must have an understanding of, and true appreciation for, their authority and limitations.
This is especially true with respect to overcoming resistance while engaged in the performance
of law enforcement duties.
The Department recognizes and respects the value of all human life and dignity without prejudice
to anyone. Vesting officers with the authority to use reasonable force and to protect the public
welfare requires monitoring, evaluation and a careful balancing of all interests.
300.2.1 FAIR AND UNBIASED USE OF FORCE
Officers are expected to carry out their duties, including the use of force, in a manner that is fair
and unbiased (Government Code § 7286(b)). See the Bias-Based Policing Policy for additional
guidance.
300.2.2 DUTY TO INTERCEDE
Any officer present, regardless of rank or time of service, and observing another law enforcement
officer or an employee, regardless of rank or time of service, using force that is clearly beyond that
which is necessary, as determined by an objectively reasonable officer under the circumstances,
shall, when in a position to do so, intercede (as defined by Government Code § 7286) to prevent
the use of unreasonable force.
When observing force used by a law enforcement officer, each officer should take into account
the totality of the circumstances and the possibility that other law enforcement officers may have
additional information regarding the threat posed by the subject (Government Code § 7286(b)).
300.2.3 DUTY TO REPORT EXCESSIVE FORCE
Any officer, regardless of rank or time of service, who observes a law enforcement officer or an
employee, regardless of rank or time of service, use force that potentially exceeds what the officer
reasonably believes to be necessary shall immediately report these observations to a supervisor
(Government Code § 7286(b)).
As used in this subsection, "immediately" means as soon as it is safe and feasible to do so.
300.2.4 FAILURE TO INTERCEDE
An officer who has received the required training on the duty to intercede and then fails to act to
intercede when required by law, may be disciplined in the same manner as the officer who used
force beyond that which is necessary (Government Code § 7286(b)).
300.3 USE OF FORCE
Officers shall use only that amount of force that reasonably appears necessary given the facts
and totality of the circumstances known to or perceived by the officer at the time of the event to
accomplish a legitimate law enforcement purpose (Penal Code § 835a).
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The reasonableness of force will be judged from the perspective of a reasonable officer on the
scene at the time of the incident. Any evaluation of reasonableness must allow for the fact that
officers are often forced to make split-second decisions about the amount of force that reasonably
appears necessary in a particular situation, with limited information and in circumstances that are
tense, uncertain, and rapidly evolving.
Given that no policy can realistically predict every possible situation an officer might encounter,
officers are entrusted to use well-reasoned discretion in determining the appropriate use of force in
each incident. Officers may 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 (Government Code § 7286(b)).
It is also recognized that circumstances may arise in which officers reasonably believe that it would
be impractical or ineffective to use any of the approved or authorized tools, weapons, or methods
provided by the Department. Officers may find it more effective or reasonable to improvise their
response to rapidly unfolding conditions that they are confronting. In such circumstances, the use
of any improvised device or method must nonetheless be objectively reasonable and utilized only
to the degree that reasonably appears necessary to accomplish a legitimate law enforcement
purpose.
While the ultimate objective of every law enforcement encounter is to avoid or minimize injury,
nothing in this policy requires an officer to retreat or be exposed to possible physical injury before
applying reasonable force.
300.3.1 ALTERNATIVE TACTICS - DE-ESCALATION
As time and circumstances reasonably permit, and when community and officer safety would
not be compromised, officers and employees shall consider strategies and use other available
resources and techniques intended to decrease the intensity of the situation, increase officer and
community safety, and decrease the need for using force.
Officers shall evaluate the totality of circumstances, which includes an officer's pre-event conduct,
presented at the time in each situation, and when feasible, consider and utilize reasonably
available alternative tactics and techniques that may persuade an individual to voluntarily comply
or may mitigate the need to use a higher level of force to resolve the situation before applying
force (Government Code 7286(b)(1)). While not an exhaustive list, the following are actions and
available resources which may be considered:
(a)Summoning additional resources which can respond in a reasonably timely manner
(Crisis Negotiations Team, Community Assessment Transport Team, officers with
Crisis Intervention Training).
(b)Discussing and formulating a plan with responding officers prior to entering an
unstable situation if there is no apparent need for immediate action.
(c)Gather intelligence concerning the incident and/or the involved person(s) from
available sources.
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(d)Evaluate if the person has any of the following conditions which may prevent or delay
effective de-escalation
1.Physical disability
2.Mental health disability
3.Developmental disability
4.Intellectual disability
5.Under the influence of drugs (prescribed or otherwise) or alcohol or both
(e)Use available cover and concealment as appropriate.
(f)Utilize time and distance to maximize non-confrontational contact and dialogue.
(g)Minimize extraneous environmental distractions, such as loud noises, bright lights,
and non-essential personnel.
(h)Communicate with the person in a calm, slow, non-threatening manner and tone.
1.Provide clear, concise directions or commands
2.Allow person to express themselves verbally; allow the person to "vent"
3.Ask open-ended questions
4.Recognize the importance of verbal and non-verbal communication being in
sync
(i)Deploy less lethal resources.
(j)Tactical repositioning of resources and personnel.
(k)Disengagement
1.Personnel seeking to disengage from an incident should communicate this intent
to involved individuals at the time of disengagement. Personnel should attempt
to ensure those involved have had the opportunity to establish a position of
relative safety with respect to the incident, and that they are aware that officers
will no longer be present to protect the safety of the involved persons.
300.3.2 USE OF FORCE TO EFFECT AN ARREST
Any peace officer may use objectively reasonable force to effect an arrest, to prevent escape,
or to overcome resistance. A peace officer who makes or attempts to make an arrest need not
retreat or desist from their efforts by reason of resistance or threatened resistance on the part
of the person being arrested; nor shall an officer be deemed the aggressor or lose their right to
self-defense by the use of reasonable force to effect the arrest, prevent escape, or to overcome
resistance. Retreat does not mean tactical repositioning or other de-escalation techniques (Penal
Code § 835a).
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300.3.3 FACTORS USED TO DETERMINE THE REASONABLENESS OF FORCE
When determining whether to apply force and evaluating whether an officer has used reasonable
force, a number of factors should be taken into consideration, as time and circumstances permit
(Government Code § 7286(b)). These factors include but are not limited to:
(a)The apparent immediacy and severity of the threat to officers or others (Penal Code
§ 835a).
(b)The conduct of the individual being confronted, as reasonably perceived by the officer
at the time (Penal Code § 835a).
(c)Officer/subject factors (age, size, relative strength, skill level, injuries sustained, level
of exhaustion or fatigue, the number of officers available vs. subjects).
(d)The conduct of the involved officer leading up to the use of force (Penal Code § 835a).
(e)The effects of suspected drugs or alcohol.
(f)The individual's apparent mental state or capacity (Penal Code § 835a).
(g)The individual’s apparent ability to understand and comply with officer commands
(Penal Code § 835a).
(h)Proximity of weapons or dangerous improvised devices.
(i)The degree to which the subject has been effectively restrained and their ability to
resist despite being restrained.
(j)The availability of other reasonable and feasible options and their possible
effectiveness (Penal Code § 835a).
(k)Seriousness of the suspected offense or reason for contact with the individual prior
to and at the time force is used.
(l)Training and experience of the officer.
(m)Potential for injury to officers, suspects, bystanders, and others.
(n)Whether the person appears to be resisting, attempting to evade arrest by flight, or
is attacking the officer.
(o)The risk and reasonably foreseeable consequences of escape.
(p)The apparent need for immediate control of the subject or a prompt resolution of the
situation.
(q)Whether the conduct of the individual being confronted no longer reasonably appears
to pose an imminent threat to the officer or others.
(r)Prior contacts with the subject or awareness of any propensity for violence.
(s)Any other exigent circumstances.
300.3.4 PAIN COMPLIANCE TECHNIQUES
Pain compliance techniques may be effective in controlling a physically or actively resisting
individual. Officers may only apply those pain compliance techniques for which they have
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successfully completed department-approved training. Officers utilizing any pain compliance
technique should consider:
(a)The degree to which the application of the technique may be controlled given the level
of resistance.
(b)Whether the person can comply with the direction or orders of the officer.
(c)Whether the person has been given sufficient opportunity to comply.
The application of any pain compliance technique shall be discontinued once the officer
determines that compliance has been achieved.
300.3.5 PROHIBITED USE OF CAROTID RESTRAINT, CHOKE HOLDS, OR POSITIONAL
ASPHYXIA
Officers are prohibited by Government Code 7286.5 from using the following control holds,
techniques and transport methods involving a substantial risk of Positional Asphyxia:
(a)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.
(b)Choke hold - Any defensive tactic or force option in which direct pressure is applied to a
(c)Positional asphyxia – Means 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. In the event of any compression of the suspect, incidental or
not, officers shall act in accordance with Policy 302.8.2 (safety Protocol)
300.3.6 USE OF FORCE TO SEIZE EVIDENCE
In general, officers may use reasonable force to lawfully seize evidence and to prevent the
destruction of evidence. However, officers are discouraged from using force solely to prevent a
person from swallowing evidence or contraband. However, officers shall not use any techniques
that restrict blood flow to the head, restrict respiration or which creates a reasonable likelihood that
blood flow to the head or respiration would be restricted solely to prevent a person from swallowing
evidence or contraband.officers Officers Albany Police Department
300.3.7 RESTRICTIONS ON THE USE OF A CHOKE HOLD
Officers of this department are not authorized to use a choke hold. Choke holds are prohibited,
except in those situations where deadly force is allowed by law. A choke hold means any defensive
tactic or force option in which direct pressure is applied to a person’s trachea or windpipe
(Government Code § 7286.5).
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300.3.8 ADDITIONAL RESTRICTIONS
Officers shall not use force in a manner that is objectively unreasonable, or that is intended to
restrict respiration or blood circulation to the head, neck, or torso.
During an active resistance officers may engage in incidental or transitory contact with a person's
head, neck, spine, or back when such contact is reasonably necessary to overcome resistance,
effect control, or ensure officer safety. Such contact shall not be prolonged and shall not be applied
in a manner that creates a substantial risk of impairing respiration or circulation.
Once a person is under control, officers shall not apply or maintain any force or positioning that
compresses the chest, restricts respiration, or impairs blood circulation. Officers shall, as soon
as reasonably feasible, transition to control techniques and positioning that mitigate the risk of
positional asphyxia, in accordance with Department Policy 302.8.2 (Safety Protocol).
Officers shall comply with all applicable Department policies governing use of force, restraint, and
positioning, including, but not limited to, Policy 302.7 (Application of leg restraint devices) and
Policy 302.8.2 (Safety Protocol).
300.4 DEADLY FORCE APPLICATIONS
Where feasible, the officer shall, prior to the use of deadly force, make reasonable efforts to identify
themself 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 (Penal Code § 835a).
If an objectively reasonable officer would consider it safe and feasible to do so under the totality
of the circumstances, officers shall evaluate and use other reasonably available resources and
techniques when determining whether to use deadly force. To the extent that it is reasonably
practical, officers should consider their surroundings and any potential risks to bystanders prior to
discharging a firearm (Government Code § 7286(b)).
The use of deadly force is only justified when the officer reasonably believes it is necessary in the
following circumstances (Penal Code § 835a):
(a)An officer may use deadly force to protect themself or others from what the officer
reasonably believes is an imminent threat of death or serious bodily injury to the officer
or another person.
(b)An officer may use deadly force to apprehend a fleeing person for any felony that
threatened 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 unless
immediately apprehended.
Officers shall not use deadly force against a person based on the danger that person poses to
themself, if an objectively reasonable officer would believe the person does not pose an imminent
threat of death or serious bodily injury to the officer or to another person (Penal Code § 835a).
Additionally, an officer shall not use deadly force against a person whose actions are a threat
solely to property unless the person poses an imminent danger of death or serious physical injury
to the officer or others in close proximity.
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An "imminent" threat of death or serious bodily injury exists 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 officer or another person. An officer's subjective fear of future harm alone is insufficient as
an imminent threat. An imminent threat is one that from appearances is reasonably believed to
require instant attention (Penal Code § 835a).
300.4.1 SHOOTING AT OR FROM MOVING VEHICLES
Shots fired at or from a moving vehicle are rarely effective and involve considerations and risks
in addition to the justification for the use of deadly force. When feasible, officers should take
reasonable steps to move out of the path of an approaching vehicle instead of discharging their
firearm at the vehicle or any of its occupants. An officer should only discharge a firearm at a moving
vehicle or its occupants when the officer reasonably believes there are no other reasonable means
available to avert the imminent threat of the vehicle, or if deadly force other than the vehicle is
directed at the officer or others (Government Code § 7286(b)).
Officers should not shoot at any part of a vehicle in an attempt to disable the vehicle.
300.4.2 DISPLAYING OF FIREARMS
Given that individuals might perceive the display of a firearm as a potential application of force,
officers should carefully evaluate each tactical situation and use sound discretion when drawing
a firearm in public by considering the following guidelines (Government Code § 7286(b)):
(a)If the officer does not initially perceive a threat but reasonably believes that the
potential for such threat exists, firearms should generally be kept in the low-ready or
other position not directed toward an individual.
(b)If the officer reasonably believes that a threat exists based on the totality of
circumstances presented at the time (e.g., high-risk stop, tactical entry, armed
encounter), firearms may be directed toward such threat until the officer no longer
perceives such threat.
Once it is reasonably safe to do so, officers should carefully secure all firearms.
300.5 REPORTING THE USE OF FORCE
Any use of force by a member of this department shall be documented promptly, completely,
and accurately in an appropriate report, depending on the nature of the incident. The officer
should articulate the factors perceived and why he/she believed the use of force was reasonable
under the circumstances. To collect data for purposes of training, resource allocation, analysis,
and related purposes, the Department may require the completion of additional report forms, as
specified in department policy, procedure, or law. See the Report Preparation Policy for additional
circumstances that may require documentation.
300.5.1 NOTIFICATION TO SUPERVISORS
Any use of force by an officer shall be reported immediately to a supervisor, including but not
limited to the following circumstances (Penal Code § 832.13):
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(a)The application caused a visible injury.
(b)The application would lead a reasonable officer to conclude that the individual may
have experienced more than momentary discomfort.
(c)The individual subjected to the force complained of injury or continuing pain.
(d)The individual indicates intent to pursue litigation.
(e)Any application of a conducted energy device or control device.
(f)Any application of a restraint device other than handcuffs, shackles, or belly chains.
(g)The individual subjected to the force was rendered unconscious.
(h)An individual was struck or kicked.
(i)An individual alleges unreasonable force was used or that any of the above has
occurred.
As used in this subsection, "immediately" means as soon as it is safe and feasible to do so.
300.5.2 REPORTING TO CALIFORNIA DEPARTMENT OF JUSTICE
Statistical data regarding all officer-involved shootings and incidents involving use of force
resulting in serious bodily injury is to be reported to the California Department of Justice as required
by Government Code § 12525.2. See the Records Section Policy.
300.5.3 REPORT RESTRICTIONS
Officers shall not use the term "excited delirium" to describe an individual in an incident report.
Officers may describe the characteristics of an individual's conduct, but shall not generally
describe the individual's demeanor, conduct, or physical and mental condition at issue as "excited
delirium" (Health and Safety Code § 24402).
300.6 MEDICAL CONSIDERATIONS
Once it is reasonably safe to do so, properly trained officers should promptly provide or procure
medical assistance for any person injured or claiming to have been injured in a use of force incident
(Government Code § 7286(b)).
Prior to booking or release, medical assistance shall be obtained for any person who exhibits signs
of physical distress, who has sustained visible injury, expresses a complaint of injury or continuing
pain, or who was rendered unconscious. Any individual exhibiting signs of physical distress after
an encounter should be continuously monitored until the individual can be medically assessed.
Based upon the officer's initial assessment of the nature and extent of the subject's injuries,
medical assistance may consist of examination by fire personnel, paramedics, hospital staff, or
medical staff at the jail. If any such individual refuses medical attention, such a refusal shall be
fully documented in related reports and, whenever practicable, should be witnessed by another
officer and/or medical personnel. If a recording is made of the contact or an interview with the
individual, any refusal should be included in the recording, if possible.
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The on-scene supervisor or, if the on-scene supervisor is not available, the primary handling officer
shall ensure that any person providing medical care or receiving custody of a person following any
use of force is informed that the person was subjected to force. This notification shall include a
description of the force used and any other circumstances the officer reasonably believes would
be potential safety or medical risks to the subject (e.g., prolonged struggle, extreme agitation,
impaired respiration).
Persons who exhibit extreme agitation, violent irrational behavior accompanied by profuse
sweating, extraordinary strength beyond their physical characteristics and imperviousness to pain,
or who require a protracted physical encounter with multiple officers to be brought under control,
may be at an increased risk of sudden death. Calls involving these persons should be considered
medical emergencies. Officers who reasonably suspect a medical emergency should request
medical assistance as soon as practicable and have medical personnel stage away if appropriate.
See the Medical Aid and Response Policy for additional guidelines.
300.7 SUPERVISOR RESPONSIBILITY
A supervisor should respond to any reported use of force, if reasonably available. The
responding supervisor is expected to (Government Code § 7286(b)):
(a)Obtain the basic facts from the involved officers. Absent an allegation of misconduct
or excessive force, this will be considered a routine contact in the normal course of
duties.
(b)Ensure that any injured parties are examined and treated.
(c)When possible, separately obtain a recorded interview with the subject upon whom
force was applied. If this interview is conducted without the person having voluntarily
waived their Miranda rights, the following shall apply:
1.The content of the interview should not be summarized or included in any related
criminal charges.
2.The fact that a recorded interview was conducted should be documented in a
property or other report.
3.The recording of the interview should be distinctly marked for retention until all
potential for civil litigation has expired.
(d)Once any initial medical assessment has been completed or first aid has been
rendered, ensure that photographs have been taken of any areas involving visible
injury or complaint of pain, as well as overall photographs of uninjured areas. These
photographs should be retained until all potential for civil litigation has expired.
(e)Identify any witnesses not already included in related reports.
(f)Review and approve all related reports.
(g)Determine if there is any indication that the subject may pursue civil litigation.
1.If there is an indication of potential civil litigation, the supervisor should complete
and route a notification of a potential claim through the appropriate channels.
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(h)Evaluate the circumstances surrounding the incident and initiate an administrative
investigation if there is a question of policy non-compliance or if for any reason further
investigation may be appropriate.
In the event that a supervisor is unable to respond to the scene of an incident involving the reported
application of force, the supervisor is still expected to complete as many of the above items as
circumstances permit.
300.7.1 SHIFT SUPERVISOR RESPONSIBILITY
The Shift Supervisor shall review each use of force by any personnel within their command to
ensure compliance with this policy and to address any training or disciplinary issues.
The Shift Supervisor shall notify the Division Commander of the use of force via written or verbal
contact based on the totality of circumstances and/or need for timely notification.
300.8 USE OF FORCE COMPLAINTS
The receipt, processing, and investigation of civilian complaints involving use of force incidents
should be handled in accordance with the Personnel Complaints Policy (Government Code §
7286(b)).
300.9 USE OF FORCE ANALYSIS
At least annually, the Operations Division Commander should prepare an analysis report on use
of force incidents. The report should be submitted to the Chief of Police. The report should not
contain the names of officers, suspects or case numbers, and should include:
(a)The identification of any trends in the use of force by members.
(b)Training needs recommendations.
(c)Equipment needs recommendations.
(d)Policy revision recommendations.
300.10 POLICY REVIEW
The Chief of Police or the authorized designee should regularly review and update this policy to
reflect developing practices and procedures (Government Code § 7286(b)).
300.11 POLICY AVAILABILITY
The Chief of Police or the authorized designee should ensure this policy is accessible to the public
(Government Code § 7286(c)).
300.12 PUBLIC RECORDS REQUESTS
Requests for public records involving an officer’s personnel records shall be processed in
accordance with Penal Code § 832.7 and the Personnel Records and Records Maintenance and
Release policies (Government Code § 7286(b)).
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300.13 TRAINING
Officers, investigators, and supervisors will receive annual training on this policy and demonstrate
their knowledge and understanding (Government Code § 7286(b)).
300.13.1 TRAINING REQUIREMENTS
Required annual training shall include:
(a)Legal updates.
(b)De-escalation tactics, including alternatives to force.
(c)The duty to intercede.
(d)The duty to request and/or render medical aid.
(e)Warning shots (see the Firearms Policy).
(f)All other subjects covered in this policy (e.g., use of deadly force, chokeholds and
carotid holds, discharge of a firearm at or from a moving vehicle, verbal warnings).
(g)Training courses required by and consistent with POST guidelines set forth in Penal
Code § 13519.10.
See the Training Policy for restrictions relating to officers who are the subject of a sustained use
of force complaint.
300.13.2 STATE-SPECIFIC TRAINING REQUIREMENTS
Required state-specific training shall include guidelines regarding vulnerable populations,
including but not limited to children, elderly persons, pregnant individuals, and individuals with
physical, mental, and developmental disabilities (Government Code § 7286(b)).