HomeMy WebLinkAboutPolice Advisory & Accountability Committee 2024-08-21 Agenda Packet
POLICE ADVISORY AND ACCOUNTABILITY COMMITTEE
WEDNESDAY, August 21, 2024, AT 6:00 PM
In-Person:
San Rafael City Council Chambers
1400 Fifth Ave, San Rafael, California
Virtual:
Watch Online: https://tinyurl.com/PAACZOOM
Listen by Phone: (669) 444-9171
Meeting ID: 898-5264-7245#
AGENDA
How to participate in the meeting:
• You are welcome to provide comments in-person at the meeting. Each speaker
will have 2-minutes to provide public comment.
• Submit your comments by email to PAAC@cityofsanrafael.org by 4:00 p.m. the
day of the meeting.
CALL TO ORDER – 6:00PM
MINUTES
1. Approve regular meeting minutes from the meeting of July 17, 2024.
OPEN TIME FOR PUBLIC EXPRESSION
The public is welcome to address the Police Advisory and Accountability
Committee at this time on matters not on the agenda that are within its
jurisdiction. Comments may be no longer than 2 minutes and should be respectful
to the community.
OTHER AGENDA ITEMS
If necessary to ensure the completion of the following items, the Chairperson may
establish time limits for the presentations by individual speakers.
2. Other Agenda Items:
a. Provide feedback on the San Rafael Police Department’s Domestic Violence
Presentation
Recommendation: Accept the informational report.
b. Use of Force Presented by Sergeant Rob Cleland.
Recommendation: Accept the informational report.
STAFF LIAISON REPORT
3. Other brief program updates or reports on any meetings, conferences,
and/or seminars attended by staff.
COMMITTEE REPORTS
4. Other brief reports on any meetings, conferences, and/or seminars attended by
the Committee members.
ADJOURNMENT
Any records relating to an agenda item, received by a majority or more of the Board less than 72 hours before the meeting, shall be
available for inspection online and in the city hall large conference room, third floor, 1400 5th Avenue, San Rafael, California placed
with other agenda-related materials on the table in front of the location prior to the meeting. Sign Language interpreters may be
requested by calling (415) 485-3066 (voice), emailing city.clerk@cityofsanrafael.org or using the California Telecommunications
Relay Service by dialing “711”, at least 72 hours in advance of the meeting. Copies of documents are available in accessible formats
upon request
POLICE ADVISORY AND ACCOUNTABILITY COMMITTEE (PAAC)
WEDNESDAY, JULY 17, AT 6:00 PM
In-Person:
San Rafael Public Safety Center
1375 Fifth Ave, San Rafael, California
Virtual:
Watch Online:
https://www.youtube.com/watch?v=uBlUmh6ln4M
Listen by Phone: (669) 444-9171
Meeting ID: 898-5264-7245#
MINUTES
CALL TO ORDER
Chair Kamena called the meeting to order at 6:01 PM and requested a roll call. Member
Mydung Nguyen arrived late. Member Karla Valdez voted in her absence until her arrival.
Member Daniel Alm was absent and Alternate Member Salamah Locks served as a
regular member.
ROLL CALL
Present: Member Marilyn Alvarez
Member Fatai Tokolahi
Member Daryoush Davidi
Member Darlin Ruiz
Member Paula Kamena
Member Mydung Nguyen (arrived at 6:24 PM)
Alternate Member Salamah Locks
Alternate Member Karla Valdez
Absent: Member Daniel Alm
Also Present: Angela Robinson Piñon, Assistant City Manager
Scott Eberle, Lieutenant, San Rafael Police Department
Lieutenant Scott Eberle informed the community that the in-person meeting would also
be recorded and streamed live to YouTube and through Zoom. He noted the two-minute
timer for public comment and closed captioning on Zoom.
1. MINUTES
Member Locks commented the minutes did not accurately reflect the work plan for
the next four months to include the priorities and dates of discussion topics which
was done previously.
Member Locks moved to approve the May 22, 2024, minutes with her comments
noted. Member Tokolahi seconded the motion.
AYES: MEMBERS: Alvarez, Davidi, Locks, Ruiz, Tokolahi, Valdez &
Kamena
NOES: MEMBERS: None
ABSENT: MEMBERS: Nguyen & Alm
The motion carried 7-0-0.
OPEN TIME FOR PUBLIC EXPRESSION
Stephen Bingham congratulated and thanked the Committee for their work. He
referred to an email comment submitted by Heidi and asked the Committee to read
it thoroughly.
Name withheld addressed the Committee regarding the culture of police and the
Latino community.
2. OTHER AGENDA ITEMS
a. Provide feedback on the San Rafael Police Department’s Mental Health and
Alternative Response
Lieutenant Scott Eberle presented the staff report.
Staff responded to the Committee’s questions.
Chair Kamena invited public comment, however, there was no public comment.
The Committee provided comments and recommendations.
Member Tokolahi recommended more funding for the program, the addition of
another team for the City, adding another van, and 24-hour services.
b. Domestic Violence in San Rafael.
Detective Lorena Vega gave a presentation.
Luz Alvarado, Program Director, Legal Systems Advocacy at the Center for
Domestic Peace gave a presentation on the organization and resources they
provide.
Staff responded to the Committee’s questions.
Chair Kamena invited public comment.
Speakers: Name withheld, Stephen Bingham
The Committee provided comments.
c. 2023 Community Survey Data
Management Analyst Walter Gonzalez presented the staff report.
Staff responded to the Committee’s questions.
Chair Kamena invited public comment
Speakers: Name withheld, Stephen Bingham
The Committee provided comments.
STAFF LIAISON REPORT
3. Staff Liaison Report:
Lieutenant Eberle announced complaint data would be presented to the
Committee quarterly.
COMMISSIONER REPORTS
4. Committee Member Reports:
• Chair Kamena commented she advised a community member to contact the
San Rafael Police Department (SRPD) regarding a police matter and received
positive feedback about the department's response and customer service.
• Member Davidi attended the Marin County Fair and visited the SRPD booth.
• Member Nguyen commented on community outreach related to the Police
Advisory & Accountability Committee.
• Member Ruiz attended the Marin County Fair and learned more about
license plate reader cameras. She announced the Boy Scout program
recently lost their leader who retired after 25 years and is looking for new
leadership.
• Member Locks attended the California Commission on Aging's 50th-year
celebration in Sacramento on June 26th.
• Member Valdez participated in a Police Officer oral board panel on June
12th. Attended the Canal Community Fair on July 13th and would be
attending a community meeting on July 25th at Pickleweed Park.
ADJOURNMENT
Chair Kamena adjourned the meeting at 8:09 PM.
___________________________
SCOTT EBERLE, Staff Liaison
APPROVED THIS _____DAY OF_______, 2024
POLICE ADVISORY AND
ACCOUNTABILITY COMMITTEE
AGENDA REPORT
August 21, 2024
Item 2a
TITLE: San Rafael Police Department Domestic Violence Presentation
RECOMMENDATION: Provide feedback.
BACKGROUND:
At the July 17, 2024, meeting of the Police Advisory and Accountability Committee, the Committee
heard presentations from San Rafael Police Department (SRPD) staff and Luz Alvarado, Program
Director, Legal Systems Advocacy at the Center for Domestic Peace.
City staff outlined SRPD’s current domestic violence statistics, law enforcement response to
domestic violence, the role of domestic violence centers, and training for law enforcement. Ms.
Alvarado introduced the Center for Domestic Peace and outlined the resources the organization
provides to the community.
During the meeting, Alternate Member Locks requested copies of both presentations be provided
to the Committee. They are included with this report as well as San Rafael Police Department Policy,
Domestic Violence (§310). We are seeking your feedback on the Response to Domestic Violence
Presentations. In addition, staff can respond to any questions related to the July 17, 2024, PAAC
meeting presentation on Domestic Violence.
DISCUSSION:
SRPD is dedicated to delivering compassionate, victim-centered services that hold offenders
accountable while connecting victims to further assistance. Recognizing the complexity of this issue,
we collaborate with various victim services to provide comprehensive care. The Center for Domestic
Peace is the primary service center in Marin County that focuses on supporting victims with
assistance, prevention, and education to end domestic violence.
FISCAL IMPACT:
There is no fiscal impact associated with this report.
Submitted by:
Scott Eberle
Lieutenant, San Rafael Police Department
ATTACHMENTS:
1.July 17, 2024-Item 2B San Rafael Police Department Domestic Violence Response
2.San Rafael Police Department Policy, Domestic Violence (§310)
3.July 17, 2024-SRPD Domestic Violence Presentation
4.Marin County Police Response To Domestic Violence
5.July 17, 2024- Center for Domestic Peace Presentation
Page 1 of 3
POLICE ADVISORY AND
ACCOUNTABILITY COMMITTEE
AGENDA REPORT
July 17, 2024
Item 2b
TITLE: Domestic Violence Response in San Rafael
RECOMMENDATION: Accept the report.
BACKGROUND:
Domestic violence is a serious issue affecting individuals and families across the globe. Effective
management of domestic violence cases requires a coordinated response from law enforcement
agencies and support organizations such as centers for domestic violence.
The community of San Rafael, unfortunately, is not immune from the problem of domestic
violence. In 2023, the San Rafael Police Department (SRPD) took 212 Domestic Violence Related
cases. Sixty-Seven of them included a dangerous weapon, and nine of them involved
strangulation. This represents approximately 2.5% of the total cases SRPD took during that time
frame.
SRPD is dedicated to delivering compassionate, victim-centered services that hold offenders
accountable while connecting victims to further assistance. Recognizing the complexity of this
issue, we collaborate with various victim services. The Center for Domestic Peace is the primary
service center in Marin County that focuses on supporting victims with assistance, prevention,
and education to end domestic violence. They work closely with the SRPD to provide
comprehensive care.
DISCUSSION:
Law Enforcement Response to Domestic Violence
Initial Response
When law enforcement officers respond to a domestic violence call, their primary objectives are
to ensure the safety of the victim, prevent further harm, and gather evidence. The steps typically
include:
1. Assessment of the Situation: Upon arrival, officers assess the situation to determine the
immediate danger. If necessary, this includes separating the involved parties to prevent
further violence.
2. Ensuring Safety: Officers prioritize the safety of the victim and any children present. They
may provide medical assistance or arrange for emergency shelter if needed.
3. Evidence Collection: Officers gather evidence, which may include photographing injuries,
documenting the scene, and collecting witness statements.
4. Arrest and Legal Action: Depending on the severity of the incident and the evidence
collected, officers may arrest the perpetrator. They also provide the victim with information
Page 2 of 3
on obtaining restraining orders and other legal protections.
Follow-Up
Following the initial response, law enforcement agencies may engage in follow-up actions,
including:
1. Reporting and Documentation: Detailed reports are filed to document the incident,
which is crucial for any subsequent legal proceedings.
2. Referrals: Officers refer victims to the Center for Domestic Peace ,other support
services, and victim advocacy programs for ongoing assistance.
Role of Domestic Violence Centers
Domestic violence centers play a crucial role in providing immediate and long -term support to
victims. Their services include:
1. Emergency Shelter: Safe and confidential housing is provided for victims and their
children, offering a secure environment away from the abuser.
2. Crisis Counseling: Professional counselors offer emotional support, help victims
process their experiences, and develop safety plans.
3. Medical and Legal Assistance: Centers often provide or coordinate medical care and
legal advocacy to help victims navigate the complexities of the legal system.
Beyond immediate crisis intervention, domestic violence centers offer long-term support to help
victims rebuild their lives. Some services offered are counseling and therapy, support groups,
housing and employment assistance, and education and skill building.
Training for Law Enforcement
Domestic violence centers, along with the Commission on Peace Officer Standards and Training
(POST) approved and in-house training, play a crucial role in educating and training law
enforcement personnel to enhance their response to these incidents. Some of the training
includes attending to our shift-change briefings, along with multi-day advance training.
The trainings are conducted to educate officers on the dynamics of domestic violence, victim
behavior, and effective intervention strategies. Practical exercises and simulations are often used
in training to help officers practice their responses to various domestic violence scenarios,
enhancing their decision-making skills in real-life situations.
Effective handling of domestic violence cases requires a collaborative approach between law
enforcement and domestic violence centers. Law enforcement agencies are responsible for
immediate intervention, ensuring safety and legal action, while domestic violence centers provide
crucial ongoing support and services to victims. Additionally, through comprehensive training
programs, domestic violence centers, like the Center for Domestic Peace, enhance the ability of
law enforcement officers to respond to these incidents sensitively and effectively. Together, these
efforts contribute to the safety, healing, and empowerment of domestic violence victims.
Page 3 of 3
FISCAL IMPACT:
There is no fiscal impact associated with accepting this report.
Submitted by:
Scott Eberle
Lieutenant
ATTACHMENTS:
None.
Policy
310
San Rafael Police Department
San Rafael PD Policy Manual
Copyright Lexipol, LLC 2024/08/05, All Rights Reserved.
Published with permission by San Rafael Police Department
Domestic Violence - 1
Domestic Violence
310.1 PURPOSE AND SCOPE
The purpose of this policy is to provide the guidelines necessary to deter, prevent and reduce
domestic violence through vigorous enforcement and to address domestic violence as a serious
crime against society. The policy specifically addresses the commitment of this department to take
enforcement action when appropriate, to provide assistance to victims and to guide officers in the
investigation of domestic violence.
310.1.1 DEFINITIONS
Definitions related to this policy include:
Court order - All forms of orders related to domestic violence that have been issued by a court
of this state or another, whether civil or criminal, regardless of whether service has been made.
310.2 POLICY
The San Rafael Police Department’s response to incidents of domestic violence and violations of
related court orders shall stress enforcement of the law to protect the victim and shall communicate
the philosophy that domestic violence is criminal behavior. It is also the policy of this department
to facilitate victims’ and offenders’ access to appropriate civil remedies and community resources
whenever feasible.
310.3 OFFICER SAFETY
The investigation of domestic violence cases often places officers in emotionally charged and
sometimes highly dangerous environments. No provision of this policy is intended to supersede
the responsibility of all officers to exercise due caution and reasonable care in providing for the
safety of any officers and parties involved.
310.4 INVESTIGATIONS
The following guidelines should be followed by officers when investigating domestic violence
cases:
(a) Calls of reported, threatened, imminent, or ongoing domestic violence and the violation
of any court order are of extreme importance and should be considered among the
highest response priorities. This includes incomplete 9-1-1 calls.
(b) When practicable, officers should obtain and document statements from the victim, the
suspect, and any witnesses, including children, in or around the household or location
of occurrence.
(c) Officers should list the full name and date of birth (and school if available) of each
child who was present in the household at the time of the offense. The names of other
children who may not have been in the house at that particular time should also be
obtained for follow-up.
San Rafael Police Department
San Rafael PD Policy Manual
Domestic Violence
Copyright Lexipol, LLC 2024/08/05, All Rights Reserved.
Published with permission by San Rafael Police Department
Domestic Violence - 2
(d) When practicable and legally permitted, video or audio record all significant statements
and observations.
(e) All injuries should be photographed, regardless of severity, taking care to preserve
the victim’s personal privacy. Where practicable, photographs should be taken by a
person of the same sex. Victims whose injuries are not visible at the time of the incident
should be asked to contact the Investigations Section in the event that the injuries
later become visible.
(f) Officers should request that the victim complete and sign an authorization for release
of medical records related to the incident when applicable.
(g) If the suspect is no longer at the scene, officers should make reasonable efforts to
locate the suspect to further the investigation, provide the suspect with an opportunity
to make a statement, and make an arrest or seek an arrest warrant if appropriate.
(h) Seize any firearms or other dangerous weapons in the home, if appropriate and legally
permitted, for safekeeping or as evidence. If the domestic violence involved threats
of bodily harm, any firearm discovered in plain view or pursuant to consent or other
lawful search must be taken into temporary custody (Penal Code § 18250).
(i) When completing an incident or arrest report for violation of a court order, officers
should include specific information that establishes that the offender has been served,
including the date the offender was served, the name of the agency that served the
order, and the provision of the order that the subject is alleged to have violated. When
reasonably available, the arresting officer should attach a copy of the order to the
incident or arrest report.
(j) Officers should take appropriate enforcement action when there is probable cause to
believe an offense has occurred. Factors that should not be used as sole justification
for declining to take enforcement action include:
1. Whether the suspect lives on the premises with the victim.
2. Claims by the suspect that the victim provoked or perpetuated the violence.
3. The potential financial or child custody consequences of arrest.
4. The physical or emotional state of either party.
5. Use of drugs or alcohol by either party.
6. Denial that the abuse occurred where evidence indicates otherwise.
7. A request by the victim not to arrest the suspect.
8. Location of the incident (public/private).
9. Speculation that the complainant may not follow through with the prosecution.
10. Actual or perceived characteristics such as race, ethnicity, national origin,
religion, sex, sexual orientation, gender identity or expression, economic status,
age, cultural group, disability, or marital status of the victim or suspect.
11. The social status, community status, or professional position of the victim or
suspect.
San Rafael Police Department
San Rafael PD Policy Manual
Domestic Violence
Copyright Lexipol, LLC 2024/08/05, All Rights Reserved.
Published with permission by San Rafael Police Department
Domestic Violence - 3
310.4.1 IF A SUSPECT IS ARRESTED
If a suspect is arrested, officers should:
(a) Advise the victim that there is no guarantee the suspect will remain in custody.
(b) Provide the victim’s contact information to the jail staff to enable notification of the
victim upon the suspect’s release from jail.
(c) Advise the victim whether any type of court order will be in effect when the suspect
is released from jail.
310.4.2 IF NO ARREST IS MADE
If no arrest is made, the officer should:
(a) Advise the parties of any options, including but not limited to:
1. Voluntary separation of the parties.
2. Appropriate resource referrals (e.g., counselors, friends, relatives, shelter
homes, victim witness unit).
(b) Document the resolution in a report.
310.5 VICTIM ASSISTANCE
Because victims may be traumatized or confused, officers should be aware that a victim's behavior
and actions may be affected:
(a) Victims should be provided with the department's domestic violence information
handout, even if the incident may not rise to the level of a crime.
(b) Victims should also be alerted to any available victim advocates, shelters, and
community resources.
(c) When an involved person requests law enforcement assistance while removing
essential items of personal property, officers should stand by for a reasonable amount
of time.
(d) If the victim has sustained injury or complaints of pain, officers should seek medical
assistance as soon as practicable.
(e) Officers should ask the victim whether the victim has a safe place to stay and assist
in arranging transportation to an alternate shelter if the victim expresses a concern for
the victim's safety or if the officer determines that a need exists.
(f) Officers should make reasonable efforts to ensure that children or dependent adults
who are under the supervision of the suspect or victim are being properly cared for.
(g) If appropriate, officers should seek or assist the victim in obtaining an emergency order
if appropriate.
An officer shall advise an individual protected by a Canadian domestic violence protection order
of available local victim services (Family Code § 6452).
San Rafael Police Department
San Rafael PD Policy Manual
Domestic Violence
Copyright Lexipol, LLC 2024/08/05, All Rights Reserved.
Published with permission by San Rafael Police Department
Domestic Violence - 4
310.6 DISPATCH ASSISTANCE
All calls of domestic violence, including incomplete 9-1-1 calls, should be dispatched as soon as
practicable.
Dispatchers are not required to verify the validity of a court order before responding to a request for
assistance. Officers should request that dispatchers check whether any of the involved persons
are subject to the terms of a court order.
310.7 FOREIGN COURT ORDERS
Various types of orders may be issued in domestic violence cases. Any foreign court order properly
issued by a court of another state, Indian tribe, or territory shall be enforced by officers as if it
were the order of a court in this state. An order should be considered properly issued when it
reasonably appears that the issuing court has jurisdiction over the parties and reasonable notice
and opportunity to respond was given to the party against whom the order was issued (18 USC
§ 2265). An otherwise valid out-of-state court or foreign order shall be enforced, regardless of
whether the order has been properly registered with this state (Family Code § 6403).
Canadian domestic violence protection orders shall also be enforced in the same manner as if
issued in this state (Family Code § 6452).
310.8 VERIFICATION OF COURT ORDERS
Determining the validity of a court order, particularly an order from another jurisdiction, can be
challenging. Therefore, in determining whether there is probable cause to make an arrest for a
violation of any court order, officers should carefully review the actual order when available, and
where appropriate and practicable:
(a) Ask the subject of the order about his/her notice or receipt of the order, his/her
knowledge of its terms and efforts to respond to the order.
1. If a determination is made that a valid foreign order cannot be enforced because
the subject has not been notified or served the order, the officer shall inform
the subject of the order, make a reasonable effort to serve the order upon the
subject, and allow the subject a reasonable opportunity to comply with the order
before enforcing the order. Verbal notice of the terms of the order is sufficient
notice (Family Code § 6403).
(b) Check available records or databases that may show the status or conditions of the
order.
1. Registration or filing of an order in California is not required for the enforcement
of a valid foreign order (Family Code § 6403).
(c) Contact the issuing court to verify the validity of the order.
(d) Contact a law enforcement official from the jurisdiction where the order was issued
to verify information.
San Rafael Police Department
San Rafael PD Policy Manual
Domestic Violence
Copyright Lexipol, LLC 2024/08/05, All Rights Reserved.
Published with permission by San Rafael Police Department
Domestic Violence - 5
Officers should document in an appropriate report their efforts to verify the validity of an order,
regardless of whether an arrest is made. Officers should contact a supervisor for clarification when
needed.
310.9 STANDARDS FOR ARRESTS
Officers investigating a domestic violence report should consider the following:
(a) An arrest should be made when there is probable cause to believe that a felony or
misdemeanor domestic violence offense has been committed (Penal Code § 13701).
Any decision to not arrest an adult when there is probable cause to do so requires
supervisor approval.
1. Officers are only authorized to make an arrest without a warrant for a
misdemeanor domestic violence offense if the officer makes the arrest as soon
as probable cause arises (Penal Code § 836).
(b) An officer responding to a domestic violence call who cannot make an arrest will advise
the victim of the victim's right to make a private person's arrest. The advisement should
be made out of the presence of the suspect and shall include advising the victim how
to safely execute the arrest. Officers shall not dissuade victims from making a lawful
private person's arrest. Officers should refer to the provisions in the Private Persons
Arrests Policy for options regarding the disposition of private person's arrests (Penal
Code § 836(b)).
(c) Officers shall not cite and release a person for the following offenses (Penal Code §
853.6(a)(3)):
1. Penal Code § 243(e)(1) (battery against spouse, cohabitant)
2. Penal Code § 273.5 (corporal injury on spouse, cohabitant, fiancé/fiancée,
person of a previous dating or engagement relationship, mother/father of the
offender's child)
3. Penal Code § 273.6 (violation of protective order) if violence or threats of
violence have occurred or the suspect has gone to the workplace or residence
of the protected party
4. Penal Code § 646.9 (stalking)
5. Other serious or violent felonies specified in Penal Code § 1270.1
(d) In responding to domestic violence incidents, including mutual protective order
violations, officers should generally be reluctant to make dual arrests. Officers shall
make reasonable efforts to identify the dominant aggressor in any incident. The
dominant aggressor is the person who has been determined to be the most significant,
rather than the first, aggressor (Penal Code § 13701). In identifying the dominant
aggressor, an officer shall consider:
1. The intent of the law to protect victims of domestic violence from continuing
abuse.
2. The threats creating fear of physical injury.
San Rafael Police Department
San Rafael PD Policy Manual
Domestic Violence
Copyright Lexipol, LLC 2024/08/05, All Rights Reserved.
Published with permission by San Rafael Police Department
Domestic Violence - 6
3. The history of domestic violence between the persons involved.
4. Whether either person acted in self-defense.
(e) An arrest shall be made when there is probable cause to believe that a violation of a
domestic violence court order has been committed (Penal Code § 13701; Penal Code
§ 836), regardless of whether the offense was committed in the officer's presence.
After arrest, the officer shall confirm that a copy of the order has been registered,
unless the victim provides a copy (Penal Code § 836).
310.10 REPORTS AND RECORDS
(a) A written report shall be completed on all incidents of domestic violence. All such
reports should be documented on the appropriate form, which includes information
and notations specific to domestic violence incidents as required by Penal Code §
13730.
(b) Reporting officers should provide the victim with the case number of the report. The
case number may be placed in the space provided on the domestic violence victim
information handout provided to the victim. If the case number is not immediately
available, an explanation should be given regarding how the victim can obtain the
information at a later time.
(c) Officers who seize any firearm, ammunition, or other deadly weapon in a domestic
violence incident shall issue the individual possessing such weapon a receipt that
includes the name and residential mailing address of the owner or person who
possessed the weapon and notice of where the weapon may be recovered, along with
the applicable time limit for recovery (Penal Code § 18250; Penal Code § 18255; Penal
Code § 33800; Family Code § 6389(c)).
310.11 RECORD-KEEPING AND DATA COLLECTION
This department shall maintain records of court orders related to domestic violence and the service
status of each (Penal Code § 13710), as well as records on the number of domestic violence
related calls reported to the Department, including whether weapons were used in the incident or
whether the incident involved strangulation or suffocation (Penal Code § 13730). This information
is to be reported to the Attorney General monthly. It shall be the responsibility of the Records
Supervisor to maintain and report this information as required.
310.12 SERVICE OF COURT ORDERS
(a) An officer who obtains an emergency protective order from the court shall serve it on
the restrained person if the person can be reasonably located and shall provide the
person protected or the person's parent/guardian with a copy of the order. The officer
shall file a copy with the court as soon as practicable and shall have the order entered
into the computer database system for protective and restraining orders maintained
by the Department of Justice (Family Code § 6271; Penal Code § 646.91).
(b) A temporary restraining order, emergency protective order, or an order issued after
a hearing shall, at the request of the petitioner, be served on the restrained person
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San Rafael PD Policy Manual
Domestic Violence
Copyright Lexipol, LLC 2024/08/05, All Rights Reserved.
Published with permission by San Rafael Police Department
Domestic Violence - 7
by an officer who is present at the scene of a reported domestic violence incident or
when the officer receives a request from the petitioner to provide service of the order
(Family Code § 6383; Penal Code § 13710).
(c) Any officer serving a protective order that indicates that the respondent possesses
weapons or ammunition shall request that the firearm/ammunition be immediately
surrendered (Family Code § 6389(c)).
(d) During the service of a protective order any firearm discovered in plain view or pursuant
to consent or other lawful search shall be taken into temporary custody (Penal Code
§ 18250).
1. An officer should ensure that the Records Section is notified of any firearm
obtained for entry into the Automated Firearms System (Family Code § 6383)
(see the Records Section Policy for additional guidance).
(e) If a valid Canadian order cannot be enforced because the person subject to the order
has not been notified or served with the order, the officer shall notify the protected
individual that reasonable efforts shall be made to contact the person subject to the
order. The officer shall make a reasonable effort to inform the person subject to the
order of the existence and terms of the order and provide the person with a record of
the order, if available, and shall allow the person a reasonable opportunity to comply
with the order before taking enforcement action (Family Code § 6452).
310.13 PUBLIC ACCESS TO POLICY
A copy of this domestic violence policy will be provided to members of the public upon request
(Penal Code § 13701).
310.14 DECLARATION IN SUPPORT OF BAIL INCREASE
Any officer who makes a warrantless arrest for a felony or misdemeanor violation of a domestic
violence restraining order shall evaluate the totality of the circumstances to determine whether
reasonable cause exists to seek an increased bail amount. If there is reasonable cause to believe
that the scheduled bail amount is insufficient to assure the arrestee's appearance or to protect the
victim or family member of a victim, the officer shall prepare a declaration in support of increased
bail (Penal Code § 1269c).
310.15 DOMESTIC VIOLENCE DEATH REVIEW TEAM
This department should cooperate with any interagency domestic violence death review team
investigation. Written and oral information relating to a domestic violence death that would
otherwise be subject to release restrictions may be disclosed to the domestic violence death
review team upon written request and approval of a supervisor (Penal Code § 11163.3).
DOMESTIC VIOLENCE
Detective Vega
SAN RAFAEL POLICE DEPARTMENT
POLICY
•The San Rafael Police Department’s response to incidents of domestic violence
and violations of related court orders shall stress enforcement of the law to
protect the victim and shall communicate the philosophy that domestic
violence is criminal behavior. It is also the policy of this department to
facilitate victims’ and offenders’ access to appropriate civil remedies and
community resources whenever feasible.
LAWS
PERTAINING TO
DOMESTIC
VIOLENCE
This Photo by Unknown Author is licensed under CC BY-SA
PENAL CODE 273.5
•CORPORAL INJURY ON SPOUSE,
COHABITANT,FIANCE/FIANCEE, PERSON OF A PREVIOUS
DATING OR ENGAGEMENT RELATIONSHIP,
MOTHER/FATHER OF THE OFFENDER’S CHILD
PENAL CODE
243 (E)(1)
•BATTERY AGAINST SPOUSE,
COHABITANT
PENAL CODE 273.6
•violation of protective order if violence or threats of
violence have occurred or the suspect has gone to
the workplace or residence of the protected party
INVESTIGATIVE STEPS
Locate parties involved
and provide medical aid Render the scene safe
Separate victim,
perpetrator and
witnesses.
Interview victim, witness,
perpetrator
Document all parties’
names, ages & demeanor
Check for Restraining
Order(s)
Ask about sexual assault
and
strangulation/suffocation
If “mutual combat” make
a Dominant Aggressor
determination.
Make an arrest decision Photographs of scene,
victim, and perpetrator.
FOLLOWING STEPS
•Offer an Emergency Protective Order
•Emergency restraining order that is granted by a magistrate. Expires 7 days or 5
business days, whichever comes first.
•Offer Resources
•Victim advocacy center-Center for Domestic Peace
FURTHER FOLLOW UP
•If injuries on the victim are significant, the case will likely be forwarded to the
Investigations Unit.
•A detective will follow up with the victim.
SAN RAFAEL STATISTICS
•The following statistics show how many Domestic Violence related
cases San Rafael PD handled in 2023.
2023
STATISTICS
•Total Domestic Violence related
cases………………….212
•Total cases where a dangerous weapon
was used…………….67
•Total cases involving strangulation or
suffocation…………….9
LAW ENFORCEMENT TRAINING
•Law enforcement is a dynamic field and laws are constantly changing. Therefore,
officers are routinely training on domestic violence related topics.
•Mandated topic during the police academy and during field training.
•Officers are required to receive a minimum of 2 hours of domestic violence
legal update every two years. This is normally lead by a representative of the
DA’s office.
•Officers train regularly through shift briefings.
•Officer work collaboratively with Center for Domestic Peace to ensure the
most favorable outcome for the victim.
Luz Alvarado
Services
Hotline
• 415-924-6616
Shelter
• Marin County
CYCP
•ITT, MAYA, CMZ,
Support Groups
• 415-526-2536
Second Step
•San Rafael -Novato
Batterer's Intervention
Program
415-457-6760
LegalSystemsAdvocacy
Program
LE Prosecutor Family Law
Childrens and
Family
Services
Immigration
Legal Systems Advocacy
Law
Enforcement
1.DV reports
2.Follow up on investigations
3.Reports for violations of RO’s
4.DVRT
5.Domestic Violence Restraining
Orders are in the CLETS system
6.Service for /TRO’s and DVRO’s
1.Systems Advocacy
2.Marin Law Enforcement
Pocket Card
3.Trainings
4.LE DV Liaison
Prosecutor
Safety
planning
Family Law
Children and Family Services
•Connection
•Follow up on case
•Virtual/phone Consultation
•Children and Families Team Meetings
(CFT)
•Juvenile Dependency
•Systems Advocacy
U Visa VAWA T Visa
Immigration
Violence Against Women Act of 1994
Tu Voz, Mi Voz – Your Voice, My Voice
•Luz Alvarado
•Legal Systems Advocacy Program
Director
•lalvarado@c4dp.org
•415.526.2549
Thank you! Gracias
Page 1 of 6
POLICE ADVISORY AND
ACCOUNTABILITY COMMITTEE
AGENDA REPORT
August 21, 2024
Item 2b
TITLE: Use of Force
RECOMMENDATION: Accept the informational report.
BACKGROUND:
The San Rafael Police Department prioritizes the reverence for human life as its fundamental
principle when using force. Officers are encouraged to manage incidents through time, distance,
communication, and available resources to de -escalate situations whenever it is safe, feasible,
and reasonable to do so. However, officers do not have to retreat or desist from lawful
enforcement actions.
The purpose of this report is to provide the Police Advisory and Accountability Committee a
summary of the policies and procedures that inform use of force in law enforcement and to provide
data regarding the San Rafael Police Department’s use of force in 2023.
The use of force by law enforcement is a critical concern for both the public and the police. It is
understood that some individuals may not comply with the law or submit to control unless
compelled by force, necessitating officers to use force in certain situations. Officers may only use
the force that is objectively reasonable to effectively gain control of an incident, while protecting
the safety of the officer and others. The San Rafael Police Department acknowledges that law
enforcement officers must remain ever mindful that they are both guardians and servants of the
public.
In support of this commitment, in June 2020, Mayor Phillips signed President Barack Obama’s
“Mayor’s Pledge” to review San Rafael’s use of force policing policies. Additionally, Mayor Phillips
assembled a community task force to help City leaders in reviewing and determining whether the
City should make any changes to the Police Department’s Use of Force Policy, particularly in light
of Campaign Zero’s #8cantwait policy recommendations. The task force members worked
collaboratively alongside City leaders and provided input resulting in the Chief of Police
recommending many proposed changes to the use of force policy, including the banning of the
carotid and choke hold and enhancing the language regarding use of de -escalation techniques.
On June 19, 2020, the San Rafael Police Department published "We Will Never Wait- A
Commitment to our Community”, which outlines the mission of the department with respect to use
of force. In part, it states,
The men and women of the San Rafael Police Department are committed to
providing professional, fair, compassionate, and dedicated law enforcement with
integrity and respect. We place the highest value on human life and that value
supports our training in ar eas such as de-escalation, use of force options, and
Crisis Intervention Training. We strive to hire officers who are empathetic,
compassionate, have a strong duty to serve, and who want to make a positive
Page 2 of 6
difference in their community. No officer wants to use force in the course of his or
her duties.
More recently, in 2022 and 2023, the City of San Rafael held community meetings on the topic of
“Policing in San Rafael” following a 2022 police incident that occurred in the Canal neighborhood.
At these meetings, Police Chief Dave Spiller , Mayor Kate Colin, and City leadership listened
directly to the community’s concerns and committed to developing what would become the Police
Advisory and Accountability Committee (PAAC). For more information regarding these meetings,
please visit https://www.cityofsanrafael.org/policinginsanrafael/.
Information from “We Will Never Wait” was used to substantially revise the San Rafael Police
Department’s Use of Force Policy (§ 300). On August 17, 2020, the San Rafael City Council
received a report from the Police Chief and directed them to implement the proposed revisions to
the Use of Force Policy. This staff report is provided as Attachment 2. The Use of Force Policy
was last updated by the Department on February 1, 2024, and is provided in this report as
Attachment 1.
DISCUSSION:
Federal and state laws strictly govern how a police officer can use force to effect an arrest,
ensuring that such actions are both lawful and proportional to the situation . This section briefly
summarizes these laws.
1. Federal Law
The Fourth Amendment to the United States Constitution protects citizens against unreasonable
searches and seizures, including the use of excessive force by law enforcement officers.
Key Supreme Court rulings, such as Graham v. Connor, 490 U.S. 386 (1989) and Tennessee v.
Garner, 471 U.S. 1 (1985), establish the legal standards for evaluating the reasonableness of use
of force incidents.
In the 1985 case Tennessee v. Garner, the U.S. Supreme Court established a two -prong test1
that guides police officers' use of deadly force to stop a fleeing suspect:
Probable cause: The officer must have probable cause to believe that the suspect is dangerous.
Necessity: The use of deadly force must be necessary to prevent the suspect's escape.
In the 1989 case Graham v. Connor2, the U.S. Supreme Court outlined a list of factors to
determine if an officer’s use of force is objectively reasonable – these are often referred to as
“Graham Factors.” The Graham factors are the severity of the crime at issue; whether the suspect
posed an immediate threat; and whether the suspect was actively resisting or trying to evade
arrest by flight. The “severity of the crime” generally refers to the reason for sei zing someone in
the first place. The case requires officers to carefully articulate facts and events that made their
1 Source: https://www.ojp.gov/ncjrs/virtual-library/abstracts/use-deadly-force-prevent-
escape#:~:text=First%2C%20an%20officer%20must%20have,brief%20discussions%20of%20Krueger%2
0v.
2 Source: https://www.fletc.gov/use -force-part-
ii#:~:text=The%20Graham%20factors%20are%20the,to%20evade%20arrest%20by%20flight.&text=The
%20%E2%80%9Cseverity%20of%20the%20crime,someone%20in%20the%20first%20place .
Page 3 of 6
use of force objectively reasonable, rather than justifying their actions based on a hunch or good
faith.
2. State Law
California Penal Code §835a provides the legal parameters for the use of force by peace officers,
emphasizing the need for de -escalation and proportionality in response to threats.
Assembly Bill 392 (2019) and Senate Bill 230 (2019) further refine the state’s use of force
standards, requiring that force be used only when necessary and that officers receive adequate
training on de-escalation techniques.
The San Rafael Police Department’s Use of Force Policy is comprehensive, emphasizing the
sanctity of human life and the importance of de -escalation. Key components of the policy include:
• Duty or failure to intercede, reporting excessive force and carrying out their duties in a fair
and unbiased manner. The Shift Supervisor shall review each use of force (UOF) by any
personnel within his/her command to ensure compliance with this policy. If the UOF is
determined to be out of policy, it shall be sent to the Lieutenant.
• In addition to the Supervisory review, after every use of force incident a Use of Force
Review form is completed and sent to the employee’s supervisor and manager. Th is
process is outlined in § 300.11. The form is not only used as a secondary method to
review the UOF but also to ensure the UOF met the stated objectives of this policy.
• Prohibited uses of force are outlined in § 300.4.5- §300.4.8 of the SRPD Use of Force
Policy and include:
o Restrictions on the use of the carotid control hold
o Restrictions on the use of a choke hold
o Additional Restrictions - Officers are not authorized to use any restraint or
transportation method which might unreasonably impair an individual's breathing
or respiratory capacity for a period beyond the point when the individual has been
adequately and safely controlled. Once the individual is safely secured, officers
should promptly check and continuously monitor the individual's condition for signs
of medical distress (Government Code § 7286.5).
• Reporting to California Department of Justice.
o Pursuant to Assembly Bill (AB) 71, any use of force resulting in serious or great
bodily injury is reportable to the California Department of Justice (DOJ). The DOJ
publishes an annual report titled URSUS which is the Use of Force Incident
Reporting. The URSUS report presents a summary overview of use of force and
discharge of firearm incidents as defined in Government Code § 12525.2. Due to
the narrow definition of this statute, the data contained in this report only represent
incidents where use of force resulted in serious bodily injury or death ,
or the discharge of a firearm.
• The policy further outlines reporting use of force to a supervisor in §300.6 which states,
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.
Page 4 of 6
department policy, procedure, or law.
Alternative tactics - de-escalation
o Active Listening
o Using a calm voice
o Relaxed Body Language
o Containment
o Gathering additional resources
o Coordination of resources
o Use of time/slow down
o Use of distance
o Use of Cover
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)).
Supervisor responsibility - Among the responsibilities of a supervisor, they shall respond
to all uses of force, they should obtain the facts from the involved officers, ensure injured
parties are examined and treated and when possible, obtain a recorded interview with the
subject. A full list of responsibilities is found in policy § 300.8.
Training, which include legal updates, de-escalation tactics, including alternatives to force,
and training courses required by and consistent with the Commission on Peace Officer
Standards and Training (POST) guidelines set forth in Penal Code §13519.10.
Trends and Analysis
In 2023, the San Rafael Police Department handled 44,4653 police incidents, resulting in 1,653
arrests. There were 53 UOF incidents in 2023. Overall, this reflects UOF was needed during
0.12% of all police incidents and necessary in 3.75% of all arrests in 2023. It is worth noting calls
for service did increase seven percent (7%) in 2023 vs. 2022; however, the number of calls
resulting in arrest fell 23%, and calls for service that resulted in the use of force fell 6%. The
number of use of force incidents remained the same in 2022 and 2023. In addition, none of the
UOF incidents in 2023 resulted in serious bodily injury or death; therefore, the no use of force
incidents were reported to the DOJ. As stated in the 2023 UOF Statistics (Attachment 3), the most
frequently used force option was a control takedown.
Last year, the Specialized Assistance for Everyone (SAFE) team successfully diverted over 2,600
calls for service. Although it is impossible to quantify how many of these incidents might have
escalated to a situation requiring the use of force by police officers, it is noteworthy that every one
of these calls resulted in a positive outcome without any need for forceful intervention. The
proactive approach taken by the SAFE team underscores the value of providing tailored
assistance in situations where de-escalation and supportive measures can lead to safer and more
constructive resolutions for all parties involved. The SAFE team was discussed at the July 17,
2024, PAAC meeting. The staff report may be accessed here.
Over the past five years, the San Rafael Police Department has dealt with an average of 43,309
police incidents each year and made an average of 1,990 arrests. Use of force incidents have
averaged 0.15% of all police incidents and 3.6% of all arrests over the same period. Both police
incidents and total arrests have shown a consistent decrease over this period. Please see the
chart on the next page and Attachment 4 for further details. Moreover, the percentage of use of
force incidents compared to total police incidents has decreased over the past five years.
3 All figures are subject to revision and further analysis.
Page 5 of 6
factors including mental health, criminal pathology. level of intoxication, and other issues play a
part in a person’s decision to commit a crime and to resist the intervention of law enforcement.
However, each member of the San Rafael Police Department is expected to use only the amount
of force that is reasonably necessary given the facts and the totality of the circumstances known
to or perceived by the officer at the time of the event to accomplish a legitimate law enforcement
response (Penal Code §835a ).
FISCAL IMPACT:
There is no fiscal impact associated with accepting this report.
Submitted by:
Scott Eberle
Lieutenant
ATTACHMENTS:
1. San Rafael Police Department Use of Force Policy
2. San Rafael Police Department Use of Force Policy -Proposed Revisions City Council Staff
Report August 17, 2020
Page 6 of 6
3.San Rafael Police Department 2023 Use of Force Statistics
4.San Rafael Police Department Five Year Comparison
Policy
300
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Use of Force - 1
Use of Force
300.1 USE OF FORCE PREFACE
The use of force 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 of force; therefore, officers are
sometimes called upon to use force in the course of their duties. The San Rafael Police Department
also recognizes that members of law enforcement must be ever mindful that they are not only the
guardians but also the servants of the pubic.
The San Rafael Police 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, however, officers shall have no obligation or duty to retreat or desist from
lawful enforcement action.
As set forth and in further detail below, department personnel may use objectively reasonable
force to carry out their duties. Officers may use deadly force only when they reasonable believe,
based on the totality of the circumstances, that such force is necessary in defense of human life
or against serious bodily injury. Officers who use unreasonable force degrade the confidence of
the community we serve, expose fellow officers to physical hazards, violate the law and rights of
individuals upon whom unreasonable force or unnecessary deadly force 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.
Officers shall carry out their duties, including use of force, in a manner that is fair and unbiased.
Discriminatory conduct based on actual or perceived characteristics such as race, ethnicity,
national origin, religion, sex, sexual orientation, gender identity or expression, economic status,
age, cultural group, or disability is prohibited.
300.2 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 Control Devices and Techniques and
Conducted Energy Device policies.
Retaliation prohibitions for reporting suspected violations are addressed in the Anti-Retaliation
Policy.
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300.2.1 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).
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 that a reasonable officer would believe is
likely to cause more than momentary discomfort, chemical agents, or weapons to another person.
It is not a use of force when a person allows him/herself to be searched, escorted, handcuffed,
or restrained.
Reasonable force - An objective standard of force viewed from the perspective of a reasonable
officer, without the benefit of 20/20 hindsight, and based on the totality of the circumstances known
or perceived by the officer at the time. The determination of reasonableness will be in accordance
with this policy.
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).
300.3 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.
300.3.1 DUTY TO INTERCEDE
Any officer present and observing another law enforcement officer or an employee 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.
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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)).
300.3.2 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)).
300.3.3 DUTY TO REPORT EXCESSIVE FORCE
Any officer who observes a law enforcement officer or an employee 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.
300.3.4 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.
300.4 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).
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.
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Use of Force - 4
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.
300.4.1 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 his/her 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 his/her 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).
300.4.2 ALTERNATIVE TACTICS - DE-ESCALATION
De-escalation is a fundamental principle of how we conduct police work. Taking no action,
passively monitoring a situation, or bringing in partners such as a mobile crisis unit may be the
most reasonable response to a situation, particularly those involving mental health crises. This
policy manual refers to the importance of de-escalation in multiple sections. See, in particular, the
Crisis Intervention Incidents Policy.
As time and circumstances reasonably permit, and when community and officer safety would
not be compromised, officers should consider actions that may increase officer safety and may
decrease the need for using force such as:
(a) Summoning additional resources that are able to respond in a reasonably timely
manner.
(b) Formulating a plan with responding officers before entering an unstable situation that
does not reasonably appear to require immediate intervention.
(c) Employing other tactics that do not unreasonably increase officer jeopardy.
In addition, when reasonable, officers should evaluate the totality of circumstances 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)). Such alternatives may include but are not limited to:
(a) Attempts to de-escalate a situation.
(b) If reasonably available, the use of crisis intervention techniques by properly trained
personnel.
300.4.3 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:
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(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 his/her 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.
300.4.4 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
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.
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(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.
300.4.5 RESTRICTIONS ON THE USE OF CAROTID CONTROL HOLD
Officers of this department are not authorized to use a carotid restraint hold. A carotid restraint
means 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
(Government Code § 7286.5).
300.4.6 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. In the instance when force is used, officers
should not intentionally use any technique that restricts blood flow to the head, restricts respiration
or which creates a reasonable likelihood that blood flow to the head or respiration would be
restricted. Officers are encouraged to use techniques and methods taught by the San Rafael
Police Department for this specific purpose.
300.4.7 RESTRICTIONS ON THE USE OF A CHOKE HOLD
Officers of this department are not authorized to use a choke hold. 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).
300.4.8 ADDITIONAL RESTRICTIONS
Terms such as "positional asphyxia," "restraint asphyxia," and "excited delirium" continue to
remain the subject of debate among experts and medical professionals, are not universally
recognized medical conditions, and frequently involve other collateral or controlling factors such
as narcotics or alcohol influence or pre-existing medical conditions. While it is impractical to restrict
an officer's use of reasonable control methods when attempting to restrain a combative individual,
officers are not authorized to use any restraint or transportation method which might unreasonably
impair an individual's breathing or respiratory capacity for a period beyond the point when the
individual has been adequately and safely controlled. Once the individual is safely secured, officers
should promptly check and continuously monitor the individual's condition for signs of medical
distress (Government Code § 7286.5).
300.5 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).
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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 should not use deadly force against a person whose actions are a threat
solely to property.
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).
300.5.1 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.
300.5.2 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)):
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(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.
300.6 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.
300.6.1 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):
(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.
300.6.2 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.
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300.6.3 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).
300.7 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.
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.
300.8 SUPERVISOR RESPONSIBILITY
A supervisor shall respond to any reported use of force, when the supervisor is 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.
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(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 his/her 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.
(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.
300.8.1 SHIFT SUPERVISOR RESPONSIBILITY
The Shift Supervisor shall review each use of force by any personnel within his/her command to
ensure compliance with this policy.
300.9 TRAINING
Officers, investigators, and supervisors will receive annual training on this policy and demonstrate
their knowledge and understanding (Government Code § 7286(b)).
300.9.1 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.
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(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.
300.9.2 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)).
300.10 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)).
300.11 ADMINISTRATIVE REVIEW
The supervisor shall attach a completed "Use of Force Analysis Form" to a copy of the associated
incident report and route through the chain of command for staff review and recommendations.
If the incident involved the use of a Conducted Energy Weapon (CEW), then the supervisor shall
complete and attach an "CEW Use Form", along with the Electro Muscular Disruption Technology
(EMDT) data download.
The report is based on the initial information available at the time the incident is reviewed. Once
the form has been reviewed by the Chief of Police it shall be forwarded to his/her designee for
statistical information gathering and early intervention purposes. The completed and signed "Use
of Force Analysis Form" will be retained, but the attached copy of the associated report will then
be destroyed. The review of control holds or other pain compliance techniques does not require
review above the rank of Lieutenant unless there are associated injuries.
The purpose of this review is to meet the stated objectives of this policy and is not intended
to determine whether each application of force was within policy. This review is independent of
any notification and review required under "Supervisor Responsibility" or any subsequent internal
administrative investigations.
The administrative review shall be used to provide direction to command staff regarding general
policy issues, identify any potential training concerns and maintain statistical information related
to Use of Force incidents. The statistical information shall be maintained in a spreadsheet format
and minimally include the following categories:
Date, Case Number, Type of Force Used, Overall Effectiveness, and Injuries Sustained (Officer
and Subject). Any application of force other than a simple control hold or pain compliance
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technique is required to be documented on the Use of Force Analysis Form. The pointing of a
firearm at a person shall be reported as an application of force.
The statistical information spreadsheets shall be stored in the following file location: "W:\Staff
Share\Use of Force Reports"
Yearly, the Department will post Use of Force statistics on the Department's website and other
platforms for review.
300.12 USE OF FORCE ANALYSIS
At least annually, the Operations Bureau Commander or designee 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.
300.13 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)).
300.14 POLICY AVAILABILITY
The Chief of Police or the authorized designee should ensure this policy is accessible to the public
(Government Code § 7286(c)).
300.15 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)).
MESSAGE FROM THE CHIEF OF POLICE
Police professionals across our nation are being asked to address issues of use of force, racial
injustice, and to look at practices and procedures in a new light. As the leader of the San Rafael
Police Department I want to assure our community that our department is committed to being part of
the solution and working with City leaders and our community to find better ways for us to serve. We
in law enforcement must continue to improve and hold ourselves to a higher standard.
The men and women of the San Rafael Police Department are committed to providing professional,
fair, compassionate, and dedicated law enforcement with integrity and respect. We place the highest
value on human life and that value supports our training in areas such as de-escalation, use of force
options, and Crisis Intervention Training. We strive to hire officers who are empathetic, compassionate,
have a strong duty to serve, and who want to make a positive difference in their community. No
officer wants to use force in the course of his or her duties.
I am proud of the work that each of our officers and professional staff perform each day for our
community. I believe we conduct ourselves with the community’s best interests in mind and give our
best effort every day. Our community is watching as City leaders and our Police Department respond
to the challenges facing us. People are waiting for actions, not words. I stand ready, along with my
fellow officers, to work with our community to listen and make changes that guarantee the safety and
security of human and civil rights for all people in San Rafael.
Diana Bishop
Chief of Police
REQUIRE DE-ESCALATION
The San Rafael Police Department has been a
leader in California regarding de-escalation and
force options training. We have incorporated
de-escalation as part of our defensive tactics,
firearms and less than lethal weapons curriculum
for decades. Since 2003, the San Rafael
Police Department committed to provide Crisis
Intervention Training (CIT) to our officers. Our
patrol officers attend a 32-hour course on Crisis
Intervention to educate them on interacting
with people suffering from mental illness. We
employ a licensed therapist as a Mental Health
Outreach Liaison to assist officers in interacting
with and finding resources for those with mental
illness and those experiencing homelessness in
our community.
VERBAL WARNINGS
San Rafael Police Officers continually train, that
where feasible, the 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 of those facts.
When safe and reasonable, San Rafael officers
are trained to use other available resources and
techniques when determining whether to use
deadly force.
EVALUATE ALL
REASONABLE
ALTERNATIVES
The San Rafael Police Department trains all our
officers in de-escalation techniques.
San Rafael Police Officers are trained that
when it is safe and reasonable to do so under
the totality of the circumstances, officers should
evaluate the use of other reasonably available
resources and techniques.
USE OF FORCE CONTINUUM
Police officers are required to make split second decisions in
rapidly changing situations and environments. Our officers
are trained and required to be objectively reasonable and
choose the appropriate level of force based on the totality of
the circumstances.
This is consistent with our use of force policy, is in line with
Penal Code Section 835a, and Use of Force Reform Bill
AB392.
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. The Department
recognizes and respects the value of all human life and
dignity without prejudice to anyone.
BAN CHOKEHOLDS &
STRANGLEHOLDS
The San Rafael Police Department does not train our members
on the use and application of strangleholds, chokeholds, or
the carotid control hold; therefore, it is prohibited by our
officers to apply these holds.
DUTY TO INTERVENE
Any San Rafael Police Officer present and observing
another officer using force that is clearly beyond that which
is objectively reasonable under the circumstances shall,
when in a position to do so, intercede to prevent the use
of unreasonable force. An officer who observes another
employee use force that exceeds the degree of force
permitted by law should promptly report these observations
to a supervisor.
“The San Rafael Police Department
is a well-trained and professional
department. We take pride in
practicing the tools obtained in
de-escalation, racial profiling, and
bias based policing trainings. On
a consistent basis we have open
discussions with all personnel about
events that have occurred locally as
well as across the United States. We
evaluate each situation and take the
opportunity to learn and improve. It
is with these steps that we all become
better at what is a very dynamic
profession. This is one way we hold
ourselves to a higher standard.”
Diana Bishop
Chief of Police
BAN SHOOTING AT MOVING VEHICLES
Our policy limits and restricts our police officers shooting at moving vehicles. Shots fired at or from a
moving vehicle are rarely effective.
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 threat of the vehicle,
or if deadly force other than the vehicle is directed at the officer or others. Officers are trained that
they should not shoot at any part of a vehicle in an attempt to disable the vehicle.
REQUIRE COMPREHENSIVE REPORTING
San Rafael Police Officers who are involved in any use of force are required to promptly notify their
supervisor and document the incident in a detailed report. The supervisor then fills out an independent
Use of Force report that is sent to the police department’s command staff. All body worn camera
footage is reviewed by supervisors to determine if the officer is out of policy or more training is
warranted. The report is forwarded to the Chief of Police for final review.
All uses of force are tracked by type of force used and the officer(s) using the force. This tracking
allows command staff to identify any training needs and acts as an early warning system.
OVERSIGHT AND ACCOUNTABILITY
The Chief of Police reports directly to the City Manager who reports to the City Council. Significant
matters of employee discipline and misconduct are coordinated with the City’s Human Resources
Department and the City Attorney’s Office. Both entities are completely independent of the Police
Department and nonpolitical and nonpartisan.
San Rafael Mayor Phillips has assembled a committee that includes community representatives, local
elected officials, and city staff to meet to discuss the eight points regarding police use of force brought
forward by Campaign Zero. The work of this group will be shared with the broader community
through public meetings such as our City Council meetings. The group’s first meeting is scheduled for
June 24, 2020.
In 2019, there were 66 reports
taken requiring the use of force.2019
49,105 Calls for Service
2,189 Calls for Service Resulting in an arrest
2,443 Arrests (254 reports with more than 1 arrest)
66 Use of Force Reports*
Calls for
Service –
No Arrest
46,916
Calls for
Service –
Arrest
2,189
4%
Calls for Service
Resulting in an Arrest
of calls for service
resulted in an arrest
of calls for service resulted
in the use of force
of arrest reports
required use of force
Use of Force
Reports
66
3%
Calls for Service –
Arrest –
No Use of Force
2,123
Calls for Service Resulting in an Arrest
Requiring Use of Force
Total: 49,105 Total: 49,105
*None of the uses of force involved an officer discharging a firearm, and none resulted in great bodily injury or death.
POLICE OFFICER TRAINING
The San Rafael Police Department has been a leader in California regarding de-escalation and force
options training. We have incorporated de-escalation as part of our defensive tactics, firearms and
less than lethal weapons curriculum for decades. We utilize scenario and reality-based training and
testing to ensure our officers understand the concepts of de-escalation.
The San Rafael Police Department committed to provide Crisis Intervention Training (CIT) to officers
beginning in 2003. Officers attend a 32-hour course on Crisis Intervention to educate them on
interacting with people suffering from mental illness.
The San Rafael Police Department has conducted regular training in Racial Profiling and Bias Based
Policing since 2003. Two San Rafael Police supervisors are certified Bias Based Policing Instructors.
They received their certification from the Museum of Tolerance – Simon Wiesenthal Center. The
original training block was specific to Racial Profiling. It was expanded to recognize that all people
have personal biases, but officers must remain fair and impartial in their actions and decisions.
Every recruit who attends a California Police Academy receives training in Bias Based Policing. Our
officers attend an instructor facilitated refresher course every other year.
The San Rafael Police Department is scheduled to conduct our update training in December of 2020.
BODY-WORN CAMERAS
In 2014, the San Rafael Police Department became the first
department in Marin County to utilize body worn cameras
agency wide. Every uniformed officer in the department, to
include the Chief of Police, wears a body worn camera while
on duty and engaging with the community.
The use of recorders is intended to enhance the mission of
the Department by accurately capturing contacts between
members of the Department and the public.
Our body worn camera program policy states, “The portable
recorder is expected to be activated prior to, or upon arrival
to any call for service, including self-initiated activity.”
TRANSPERANCY AND POLICIES
A copy of our complete policy manual can be found on the San Rafael Police Department website at
www.SRPD.org under the transparency tab.
We have included a direct link to the entire policy manual:
www.srpd.org/downloads/SB978/San_Rafael_PD_Policy_Manual.pdf
CONNECT WITH US
www.srpd.org
SAN RAFAEL POLICE DEPARTMENT
1400 Fifth Avenue
San Rafael, CA 94901
415 . 485 . 3000
0
1
0
1
12
30
0
0 5 10 15 20 25 30 35
Personal Body Weapons
Kinetic Energy Munitions
K9 Apprehension
Impact Weapon
Electronic Control Device
Control Take Down
Chemical Agent (OC)
TYPES OF FORCE USED
calls for service44,465
arrests1,653
use of force incidents53*
of calls for
service resulted in
the use of force
0.12%
of calls for
service resulted in
an arrest
3.72%
+7% increase from 2022: 41,638
-17% decrease from 2022: 1,998
no change from 2022: 53
-23% decrease from 2022: 4.8%
-6% decrease from 2022: 0.13%
2023USE OF FORCE
01/01/2023 –12/31/2023
2023USE OF FORCE
49,105 44,667 43,497 41,638 44,465
36,000
38,000
40,000
42,000
44,000
46,000
48,000
50,000
2019 2020 2021 2022 2023
YEARLY CALLS FOR SERVICE COUNT
2,407 2,019 1,872 1,998 1,653
0
500
1,000
1,500
2,000
2,500
3,000
2019 2020 2021 2022 2023
YEARLY ARREST COUNT
0.13%0.18%0.19%0.13%0.12%
0.00%
0.05%
0.10%
0.15%
0.20%
0.25%
2019 2020 2021 2022 2023
% OF CALLS FOR SERVICE RESULTING IN USE OF FORCE
Use of Force Types 2019 2020 2021 2022 2023
Chemical Agent (OC)0 1 0 1 0
Control Take Down 51 69 60 42 30
Electronic Control Device 5 3 7 10 12
Impact Weapon 2 0 1 3 1
K9 Apprehension 0 1 1 2 0
Kinetic Energy Munitions 1 1 2 3 1
Personal Body Weapons 7 14 11 11 0
TOTAL 66 89 82 72 44
FIVE YEAR COMPARISON (2019 –2023)
49,115 49,105 44,667 43,497 41,638
36,000
38,000
40,000
42,000
44,000
46,000
48,000
50,000
2018 2019 2020 2021 2022
YEARLY CALLS FOR SERVICE COUNT
2,721 2,407 2,019 1,872 1,998
0
500
1,000
1,500
2,000
2,500
3,000
2018 2019 2020 2021 2022
YEARLY ARREST COUNT
0.08%0.12%0.17%0.15%0.13%
0.00%
0.05%
0.10%
0.15%
0.20%
0.25%
2018 2019 2020 2021 2022
% OF CALLS FOR SERVICE RESULTING IN USE OF FORCE
Use of Force Types 2018 2019 2020 2021 2022
Chemical Agent (OC)0 0 1 0 1
Control Take Down 31 51 69 60 42
Electronic Control Device 5 5 3 7 10
Impact Weapon 0 2 0 1 3
K9 Apprehension 1 0 1 1 2
Kinetic Energy Munitions 1 1 1 2 3
Personal Body Weapons 2 7 14 11 11
TOTAL 40 66 89 82 72