LAPD Use of Force Revised

OFFICE OF THE CHIEF OF POLICE
SPECIAL ORDER NO. 4 February 5, 2020
APPROVED BY THE BOARD OF POLICE COMMISSIONERS ON February 4, 2020
SUBJECT: POLICY ON THE USE OF FORCE —REVISED
PURPOSE: On August 19, 2019, Assembly Bill 392 was signed into law by California
Governor, Gavin Newsom. It is nowfound in California Penal Code Section
835(a). This new law redefines the circumstances under which a homicide by a peace officer is
deemed justifiable. This Order revises Department Manual Section 1./556.10, Policy on the Use
ofForce in order to conform to this new law.
PROCEDURE:
I. PREAMBLE TO USE OF FORCE. The use offorce by members of law

enforcement is a matter of critical concern both to the public and the law enforcement
community. It is recognized that some individuals will not comply with the law or
submit to control unless compelled to do so by the use offorce; therefore, law
enforcement officers are sometimes called upon to use force in the performance of
their duties. It is also recognized that members of law enforcement derive their
authority from the public and therefore must be ever mindful that they are not only the
guardians but also the servants ofthe public.
The Department's guiding principle when using force shall be reverence for human
life. Officers shall attempt to control an incident by using time, distance,
communication, and available resources in an effort to de-escalate the situation,
whenever it is safe,feasible, and reasonable to do so. As stated below, when
warranted, Department personnel may use objectively reasonable force to carry out
their duties. Officers may use deadlyforce only when they reasonably believe, based
on the totality ofcircumstances, that suchforce is necessary in defense ofhuman life.
Officers who use unreasonable force degrade the confidence ofthe community we
serve, expose fellow officers to physical hazards, violate the law and rights of
individuals upon whom unreasonable force or unnecessary deadlyforce is used, and
subject the Department and themselves to potential civil and criminal liability.
Conversely, officers who fail to use force when warranted may endanger themselves,
the community and fellow officers.
II. POLICY.
Use ofDe-Escalation Techniques. It is the policy ofthis Department that, whenever

practicable, officers shall use techniques and tools consistent with Department
de-escalation training to reduce the intensity ofany encounter with a suspect and
enable an officer to have additional options to mitigate the need to use a higher level
offorce while maintaining control ofthe situation.
Special Order No. 4 -2-
Use of Force —NonDeadly. It is the policy of this Department that personnel may
use only that force which is "objectively reasonable" to:
• Defend themselves;
• Defend others;
• Effect an arrest or detention;
• Prevent escape; or,
• Overcome resistance.
Factors Used To Determine Objective Reasonableness. The Department examines

reasonableness using Graham v. Connor and the articulated facts from the perspective
of a Los Angeles Police Officer with similar training and experience, in the same
situation, based on the totality ofthe circumstances.
In determining the appropriate level of force, officers shall evaluate each situation in
light offacts and circumstances of each particular case. Those factors may include,
but are not limited to:
• Thefeasibility ofusing de-escalation tactics;

• The seriousness ofthe crime or suspected offense;
• The level ofthreat or resistance presented by the subject;
• Whether the subject was posing an immediate threat to officers or a danger to
the community;
• The potential for injury to citizens, officers or subjects;
• The risk or apparent attempt by the subject to escape;
• The conduct ofthe subject being confronted (as reasonably perceived by the
officer at the time);
• The amount oftime and any changing circumstances during which the officer
had to determine the type and amount offorce that appeared to be reasonable;
• The availability of other resources;
• The training and experience ofthe officer;
• The proximity or access of weapons to the subject;
• Officer versus subject factors such as age, size, relative strength, skill level,
injury/exhaustion and number of officers versus subjects; and,
• The environmental factors and/or other exigent circumstances.
Use of Force —Deadly. It is the policy of this Department that officers shall use
deadlyforce upon another person only when the officer reasonably believes, based on
the totality ofcircumstances, that suchforce is necessaryfor either ofthefollowing
reasons:
+ To defend against an imminent threat of death or serious bodily injury to the

officer or to another person; or
• 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.

Where feasible, a peace officer shall, prior to the use of force, make reasonable
efforts to identify themselves as a peace officer and to warn that deadly force
may be used, unless the officer has objectively reasonable grounds to believe
the person is aware ofthose facts.
In determining whether deadlyforce is necessary, officers shall evaluate each

situation in light ofthe particular circumstances ofeach case and shall use other
available resources and techniques ifreasonably safe andfeasible.
Note: Because the application ofdeadlyforce is limited to the above scenarios,

an officer shall not use deadly force against a person based on the danger that
person poses to themselves, 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 another person.
The Department's Evaluation ofDeadly Force. The Department will analyze an

officer's use ofdeadlyforce by evaluating the totality ofthe circumstances ofeach
case consistent with the California Penal Code Section 835(a), as well as thefactors
articulated in Graham v. Connor.
Warning Shots. It is the policy of this Department that warning shots shall only be
used in exceptional circumstances where it might reasonably be expected to avoid the
need to use deadly force. Generally, warning shots shall be directed in a manner that
minimizes the risk ofinjury to innocent persons, ricochet dangers and property
damage.
Shooting At or From Moving Vehicles. It is the policy of this Department that

firearms shall not be discharged at a moving vehicle unless a person in the vehicle is
immediately threatening the officer or another person with deadly force by means
other than the vehicle. The moving vehicle itself shall not presumptively constitute a
threat that justifies an off`icer's use of deadly force. An officer threatened by an
oncoming vehicle shall move out of its path instead of discharging a firearm at it or
any of its occupants. Firearms shall not be discharged from a moving vehicle, except
in exigent circumstances and consistent with this policy in regard to the use ofDeadly
Force.
Note: It is understood that the policy in regard to discharging a firearm at or from a

moving vehicle may not cover every situation that may arise.. In all situations,
Department members are expected to act with intelligence and exercise sound
judgment, attending to the spirit of this policy. Any deviations from the provisions
ofthis policy shall be examined rigorously on a case by case basis. The involved
officer must be able to articulate clearly the reasons for the use of deadly force.
Factors that may be considered include whether the officer's life or the lives of
others were in immediate peril and there was no reasonable or apparent means of
escape.
III. DEFINITIONS
Deadly Force. Deadly Force is defined as that force which creates a substantial risk
of causing death or serious bodily injury, including but not limited to, the discharge of
a firearm.
Feasible. Feasible means reasonably capable ofbeing done or carried out under the
circumstances to successfully achieve the arrest or lawful objective without increasing
risk to the officer or another person.
Imminent. Pursuant to California Penal Code Section 835a(e)(2),"[A]threat of death

or serious bodily injury is "imminent" when, based on the totality ofthe
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 offuture harm, no matter how great the fear and no matter how great the
likelihood ofthe harm, but is one that, from appearances, must be instantly confronted
and addressed."
Objectively Reasonable. The legal standard used to determine the lawfulness of a

use of force is based on the Fourth Amendment to the United States Constitution. See
Graham v. Connor,490 U.S. 386(1989). Graham states, in part,"The reasonableness
of a particular use of force must be judged from the perspective of a reasonable officer
on the scene, rather than with the 20/20 vision of hindsight. The calculus of
reasonableness must embody allowance for the fact that police officers are often
forced to make split-second judgments — in circumstances that are tense, uncertain and
rapidly evolving —about the amount of force that is necessary in a particular situation.
The test ofreasonableness is not capable of precise definition or mechanical
application."
The force must be reasonable under the circumstances known to or reasonably

believed by the officer at the time the force was used. Therefore, the Department
examines all uses offorce from an objective standard, rather than a subjective
standard.
Serious Bodily Injury. Pursuant to California Penal Code Section 2430(4), serious
bodily injury includes but is not limited to:
• Loss of consciousness;
• Concussion;
• Bone fracture;
• Protracted loss or impairment offunction of any bodily member or organ;
• A wound requiring extensive suturing; and,
• Serious disfigurement.
Totality of the Circumstances. All facts known to or reasonably perceived by the

officer at the time, including the conduct ofthe officer and the subject leading up to
the use offorce.
Warning Shots. The intentional discharge of a firearm off target not intended to hit a
person, to warn others that deadly force is imminent.
AMENDMENT: This Order amends section 1/556.10 ofthe Department Manual.
AUDIT RESPONSIBILITY: The Commanding Officer, Audit Division, shall review this
directive and determine whether an audit or inspection shall be conducted in accordance with
Department Manual Section 0/080.30.
MIC L OORE
Chief o olice
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OFFICE OF THE CHIEF OF POLICE

SPECIAL ORDER NO. 4 February 5, 2020

APPROVED BY THE BOARD OF POLICE COMMISSIONERS ON February 4, 2020

SUBJECT: POLICY ON THE USE OF FORCE —REVISED

I. PREAMBLE TO USE OF FORCE. The use offorce by members of law

Use ofDe-Escalation Techniques. It is the policy ofthis Department that, whenever

Factors Used To Determine Objective Reasonableness. The Department examines

• Thefeasibility ofusing de-escalation tactics;

+ To defend against an imminent threat of death or serious bodily injury to the

cause death or serious bodily injury to another unless immediately apprehended.

In determining whether deadlyforce is necessary, officers shall evaluate each

Note: Because the application ofdeadlyforce is limited to the above scenarios,

The Department's Evaluation ofDeadly Force. The Department will analyze an

Shooting At or From Moving Vehicles. It is the policy of this Department that

Note: It is understood that the policy in regard to discharging a firearm at or from a

Imminent. Pursuant to California Penal Code Section 835a(e)(2),"[A]threat of death

Objectively Reasonable. The legal standard used to determine the lawfulness of a

The force must be reasonable under the circumstances known to or reasonably

Totality of the Circumstances. All facts known to or reasonably perceived by the

AMENDMENT: This Order amends section 1/556.10 ofthe Department Manual.

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