1.00.010     USE OF FORCE           (CALEA 1.3.1, .2, .5)

 

Definitions -

 

Necessary - Under the circumstances as they reasonably appeared to the officer at the time:

 

1.     No reasonably effective alternative to the use of physical force, firearm, weapon or device appeared to exist and,

 

2.     Officer believed, in good faith and on reasonable grounds, that the amount of force used was reasonable to effect the lawful purpose intended (RCW 9A.16.010(1))

 

Dangerous Felonies - Dangerous Felonies are murder, kidnapping, armed robbery, rape, arson or bombing of an occupied structure, and assault with a deadly weapon

 

Deadly Force - The intentional application of force through the use of firearms or any other means which creates a substantial risk of death or serious bodily injury (Smith v. City of Hemet 394F 3d 689  9th Cir. 2005).

 

Force - To compel by any physical means including, but not limited to, the use of a firearm, weapon, physical control techniques, or impact and capture device

 

Ramming - Ramming or forcing vehicles off the roadway is the intentional act of driving a police vehicle into another vehicle thereby causing a collision in an attempt to stop or alter the course of the other vehicle

 

Serious Physical Injury - Bodily injury involving a substantial risk of death; or an injury that causes serious, permanent disfigurement or results in long-term loss or impairment of the functioning of any bodily member or organ

 

Special Firearms and Weapons - Firearms and weapons other than the departmentally issued service pistols, shotguns, and impact/control/capture devices (i.e., automatic rifles)

 

Department Standard

 

Officers of the Bellevue Police Department will use only that force that is reasonably necessary to effect a lawful arrest, defend themselves or others from violence, or to otherwise accomplish police duties according to law.

 

To the extent that Department Policy may contain provisions more restrictive than the state law, such provisions are not intended, nor may be they construed or applied, to create a higher standard of care of duty toward any person or to provide a basis for criminal or civil liability against the City, the Police Department, or any of its officials or individual officers.

 

Force, including deadly force and the use of Department issued or authorized firearms, weapons and control/impact/capture devices, is to be used in the performance of police duty when and only to the extent necessary.

 

Officers will not draw or point their firearm unless circumstances create reasonable cause to believe that it may be necessary to use the weapon.

 

Upon completion of recruit training and during in-service firearms training, all police and police support officers will be required to sign an acknowledgment form indicating he/she received, understands and will abide by Department Use of Force policies.  All officers will be issued copies of and be instructed in the Use of Force policies.  The issuance and instruction shall be documented before the officer is authorized to carry a weapon.

 

Officers shall submit a written report to the Chief of Police, through the Chain of Command, whenever a firearm is discharged other than during training or for recreational purposes.  Any officer who kills or injures a person when using a firearm will adhere to the policy on Use of Force Reporting/Notification.

 

Medical Attention

 

If possible, officers shall ensure that all persons involved in the use of force receive first aid or medical treatment if needed or requested.  If the officer is in doubt as to the necessity of medical attention, officers will seek guidance from a supervisor.