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Home My WebLink AboutR25-007 Adopting the Eagle County Sheriff's Existing Excessive Force Policy Docusign Envelope ID:A2FD790D-A594-4C4A-839E-9839A8682A78 Commissioner Scherr moved adoption of the following Resolution: BOARD OF EAGLE COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 2025- 007 RESOLUTION ADOPTING THE EAGLE COUNTY SHERIFF'S EXISTING EXCESSIVE FORCE POLICY ON BEHALF OF THE EAGLE COUNTY GOVERNMENT WHEREAS, Eagle County Government("ECG") desires to apply for a 2025 Community Development Block Grant("CDBG")through the State of Colorado,Department of Local Affairs for the provision of funds to be used in support of the rehabilitation of Eagle Villas Apartments, a qualified residential rental project(the "Application"); and WHEREAS, in accordance with Section 519 of Public Law 101-144 (the HUD Appropriations Act) certain statements of assurances and certifications are required; and WHEREAS, The Armstrong/Walker "Excessive Force" Amendment, (P.L. 101-144) & Section 906 of Cranston-Gonzalez Affordable Housing Act of 1990 (the "Acts") requires that a recipient of HUD funds adopt and enforce a policy prohibiting the use of excessive force by law enforcement agencies within their jurisdiction against individuals engaged in nonviolent civil rights demonstrations; and WHEREAS, the Acts require that a recipient of HUD funds adopt and enforce a policy enforcing applicable State and local laws against physically barring entrance to or exit from a facility or location that is the subject of such non-violent civil rights demonstration within its jurisdiction(the "Act"); and WHEREAS, the Eagle County Sheriff is an independently elected Eagle County official who has adopted a General Policy for Use of Force, attached hereto as Exhibit "A" which complies with the Acts and all state and local laws. NOW THEREFORE, BE IT RESOLVED BY THE COMMISSIONERS OF THE EAGLE COUNTY: THAT, the Board of Commissioners, by administrative act, hereby adopts the Eagle County Sheriff's Use of Force Policy, which complies with the Acts and state and local laws, and it is the policy of ECG that use of excessive force should not be used by law enforcement agencies within its jurisdiction against any individuals engaged in non-violent civil rights demonstrations and against physically barring entrance to or exit from a facility or location that is the subject of such non-violent civil rights demonstration within its jurisdiction. Docusign Envelope ID:A2FD790D-A594-4C4A-839E-9839A8682A78 THAT,ECG finds,determines and declares that this Resolution is necessary for the public health, safety and welfare of its citizens of Eagle County, State of Colorado. MOVED, READ AND ADOPTED by the Eagle County Board of Commissioners at its regular meeting held this 28th day of January, 2024. i.— Signed by: COUNTY OF EAGLE, STATE OF 1`°"--`�.< COLORADO, By and Through Its C0BOARD OF COUNTY COMMISSIONERS COCORP. DocuSigned by: ATTEST: signed by: 5facto jotAi,s CA4AC128F8AA47A... 2A2b4YE8C86042/... Stacey Jones Jeanne McQueeney Chief Deputy Clerk and Recorder Chair Tom Boyd Commissioner Signedne by: Lvvl J R1F7R9n71RFn479 Matt Scherr Commissioner Commissioner McQueeney seconded adoption of the foregoing resolution. The roll having been called, the vote was as follows: Commissioner McQueeney Aye Commissioner Boyd Absent Commissioner Scherr Aye This resolution passed by 2/0 vote of the Board of County Commissioners of the County of Eagle, State of Colorado. Docusign Envelope ID:A2FD790D-A594-4C4A-839E-9839A8682A78 ECSO-General Policy-Use of Force Fact Based Examples-1.26-GP . .SUBJECT Use•of..ForceFacteased Examples.: • Policy: 1.26-GP Effective Date: 2017 I Revised Date:09/2023 POLICY Deputies shall conform their use of force decision-making to the guidance provided in this policy as well as the Office's primary policy on use of force. PURPOSE AND DISCUSSIONS This policy contains fact-based examples(FBEs)of reasonable and unreasonable uses of force, as the Office is inclined to view them. It is intended to provide clearer guidance regarding organizational expectations than can be provided by general policy statements. Only the totality of circumstances surrounding a force application properly informs a deputy's decision-making in this area. The FBEs provided herein provide nearer approximations of force"totalities"than do normal force policies.They are intended to serve as aids to the navigation of the channel of "reasonableness"as this organization charts it. As is common in sheriff department force policies nationwide,these examples may be more restrictive than is federal constitutional law and perhaps even state law.They are for internal ECSO use only and shall not be construed as creating or informing legal standards in respect to third-party claims. FACT-BASED EXAMPLES A. Firearms-Deadly Force 1. Shooting Situations Firearms applications are permitted only when a deputy reasonably believes that it is necessary to neutralize an imminent threat of death or serious bodily injury to the deputy of a third-party. Examples of such situations include: a. A subject is shooting or pointing a firearm at the deputy or at someone else and the deputy has a clear and safe field of fire in respect to innocent third-parties. b. A subject is armed with an edged weapon in his/her hand and is approaching a deputy or another person in a threatening manner. c. A subject is reaching for a firearm in a threatening manner. d. A subject is armed with a blunt weapon (bat, pipe, etc.) in his/her hand and is approaching a deputy or another person in a threatening manner. e. An armed suspect has taken a hostage and has made threats to his/her life. The suspect is agitated, hostile and refuses to cooperate. The suspect appears in a position where a deputy has a clear and safe field of fire in respect to innocent third-parties. f. A single deputy is struggling with a suspect who is resisting arrest. The suspect begins to violently assault the deputy and states he is going to kill the deputy. The deputy is tiring, injured and unable to control the suspect. Page 1 of 10 Docusign Envelope ID:A2FD790D-A594-4C4A-839E-9839A8682A78 • ECSO-General Policy-Use of Force Fact Based Examples-1.26-GP g. An armed suspect fires at the deputy or a third-party and attempts to escape on foot while still armed. The deputy has a clear and safe field of fire in respect to innocent third-parties. h. An armed, suspect is attempting to enter a vehicle to flee the scene.The conditions are such that a pursuit is too dangerous to the public and the deputy has a clear and safe field of fire in respect to innocent third-parties. i. A deputy is confronted by a suspect who is clearly strong enough to present a severe disparity of force and communicates his or her intent to cause serious bodily injury or death to the deputy. The deputy believes that intermediate options would be ineffective and that he/she is unable to escape the situation. j. A violent suspect is fleeing on foot, is armed and presents an imminent threat to the deputy or to others, and the deputy has a clear and safe field of fire in respect to innocent third-parties. k. An armed and violent suspect is attempting to escape in a vehicle, conditions are such that a pursuit would present a significant danger to the public and the deputy has a clear and safe field of fire in respect to innocent third-parties. 2. Non-Shooting Situations Although justification may arguably exist for deadly force, other options may be reasonably effective while providing a significant safety margin for the deputy. The following examples involve those or other circumstances that could make them non-shooting situations: a. A suicidal subject has a gun to his/her own head and tells the deputy that he/she doesn't want to hurt anyone but him/herself.The deputy has a good position of cover a safe distance away. b. A suspect resisting a deputy's handcuffing efforts reaches towards a pocket. The deputy has no particular reason to believe the suspect is reaching for a weapon. c. A deputy confronts a suspect with a gun in his/her hand and the suspect complies with the deputy's commands. d. A suspect armed with a knife in his/her hand is beyond 21 feet from the deputy and not advancing or attempting to escape. e. An armed, suspect is barricaded inside of a residence alone. He/she is not following deputy's commands to surrender. The suspect appears in a window and the deputy has a clear,safe field of fire. f. A criminal suspect in a vehicle is being arrested for a non-violent offense.The deputy has no information that the suspect is armed and the suspect begins to reach under the seat. g. A deputy is confronted by a smaller juvenile with a mental condition and the juvenile is armed with a broomstick and approaching the deputy, apparently to launch an assault. h. An armed suspect takes a hostage and is communicating his/her willingness to surrender. The suspect appears in a window in clear and safe view of deputies with his/her hands visible and empty. i. A single deputy is struggling with a suspect who is resisting arrest. The suspect attempts to violently assault the deputy. The deputy is able to gain control of the suspect. j. A suspect is entering a vehicle in an attempt to escape. Conditions are such that a pursuit is too dangerous to the public. k. The suspect is fleeing on foot, unarmed and does not present an imminent danger to the deputy or to others. Page 2 of 10 Docusign Envelope ID:A2FD790D-A594-4C4A-839E-9839A8682A78 ECSO-General Policy-Use of Force Fact Based Examples-1.26-GP • B. Baton-Open or Closed-Mode Use 1. Primary striking areas include large muscle mass supported by bone structures. Baton strikes are intended to generate pain compliance and temporarily decrease the strength and function of the muscle group. Examples of these areas include thighs, calves, forearms and upper arms. 2. Justified Baton Strikes Baton strikes are justified when the deputy reasonably believes they would be effective in generating compliance and when using ECSO-trained techniques. Examples are: a. A suspect being arrested is reasonably capable of causing physical injury to the deputy, is non-compliant with verbal commands and displays pre-assault indicators. b. A person reasonably capable of causing physical injury to the deputy approaches the deputy in an aggressive manner while displaying pre-assault indicators. c. A subject has been advised that he/she is under arrest and refuses to comply with the deputy's commands. The suspect begins to leave or displays defensive resistance and due to a significant size difference in favor of the suspect,the deputy reasonably believes that empty-handed techniques would be ineffective or dangerous. d. While holding the extended baton, the deputy is assaulted by a suspect who is reasonably capable of injuring the deputy, and the deputy reacts with a spontaneous swing to a primary striking area. 3. Secondary striking areas include joints and bones close to the skin surface (excluding final striking areas identified below)like hands, elbows, knees, shins and feet.Secondary striking areas should be targeted only when significant, permanent injury is acceptable, given the situation. Examples of acceptable strikes to secondary striking areas include: a. A suspect is resisting arrest and baton strikes to a primary area are ineffective and/or the primary area is inaccessible and there is no opportunity to transition to other force options. b. A suspect who has a significant size and strength advantage' over the deputy attempts to resist arrest and assault the deputy during the arrest process. c. The deputy has reasonable suspicion that a suspect may be carrying a weapon;the deputy has a baton in his or her hand as the suspect begins to reach toward the suspected weapon against the deputy's commands/direction. d. While holding the extended baton, the deputy is assaulted by a suspect who is reasonably capable of.injuring the deputy, and the deputy reacts with a spontaneous swing to a secondary striking area. 4. Final striking areas include the head, face, spine, throat, ribs and groin and will be targeted only when deadly force is authorized or justifiable. (Deadly force is that which creates a substantial risk of death or serious injury as defined in statutory law.) Examples of acceptable strikes to final striking areas, given the circumstances, are: a. A deputy with a baton already in his/her hand is confronting a suspect within striking distance where the suspect suddenly produces a dangerous weapon. Page 3 of 10 Docusign Envelope ID:A2FD790D-A594-4C4A-839E-9839A8682A78 ECSO-General Policy-Use of Force Fact Based Examples-1.26-GP b. A deputy responds to a situation where the suspect is causing serious bodily injury to someone, strikes to primary or secondary striking areas are unlikely to be effective and it is unsafe to fire the duty weapon. c. A suspect is assaulting a deputy in a way that causes a substantial risk of serious bodily injury or death, or is attempting to disarm the deputy and the deputy's duty weapon is accessible. 5. No-Strike*Situations, Those where baton strikes would be ineffective or more force than the situation calls for. Examples of no-strike situations are: a. A very young or very old suspect who is not reasonably likely to cause injury to the deputy refuses to follow the deputy's commands when placed under arrest and displays pre-assault indicators. b. A suspect approaches the deputy within 21 feet with a blunt or edged weapon with clear intent to assault the deputy. (Note: The striking option will not reliably protect the deputy and the deputy should deploy the firearm.) c. A suspect who is under arrest is non-violent, displays no pre-assault indicators and is displaying only passive resistance. d. A suspect who is under arrest and resisting or aggressive towards the deputy is apparently strong enough to withstand baton strikes from the deputy. (Note: This option puts the deputy dangerously close with an unreliable option. The deputy should deploy an alternate force option.) e. A suspect who is resisting arrest is seated inside of a vehicle (Note: This situation does not allow for adequate power generation for an effective strike. An alternate justifiable force option should be utilized.) f. The suspect in a non-violent crime is attempting to flee on foot and the deputy is able to get close enough to the suspect to attempt physical controls. g. The victim of a crime is upset, angry and irritated with their situation and will not calm down as deputies attempt to acquire information. h. The victim of a crime who appears to be of sound mind is injured and in need if medical attention but refuses treatment. i. A suspect who is under arrest and is handcuffed passively refuses to get into the police car. j. A deputy justifiably strikes a subject several times (to primary striking areas) with a baton with no effect. The suspect's actions and the nature of the crime do not justify striking secondary areas. k. A very young or old, frail suspect who is under arrest, is unarmed and expresses intent to resist violently. I. Any situation where probable cause to arrest does not exist. C. OC/Pepper Spray 1. Spray Permitted OC/pepper spray may be used when circumstances justify the risk of contamination to the area and the subject and its use is proportionate to the threat presented. Examples include: Page 4 of 10 Docusign Envelope ID:A2FD790D-A594-4C4A-839E-9839A8682A78 ECSO-General Policy-Use of Force Fact Based Examples-1.26-GP a. A suspect who is reasonably capable of injuring the deputy is non-compliant to verbal commands during the arrest process and displays pre-assault indicators. b. A suspect is laying on the ground resisting arrest by not allowing deputies to place his/her hands behind their back. c. A suspect who is reasonably capable of injuring the deputy assaults the deputy. 2. Spray Not Permitted OC/pepper spray should not be used when circumstances create a risk of medical emergency, unacceptable contamination or is otherwise obviously inappropriate. Examples include: a. A suspect is resisting arrest in a medical treatment facility. b. A very old or very young suspect is refusing to follow deputy's commands during the arrest process. c. A suspect who is being arrested is non-violent, displays no pre-assault indicators and is displaying only passive resistance. d. A suspect who is resisting arrest is in the driver's seat of a vehicle that is running and still under the control of the suspect. e. A suspect who is under arrest and is handcuffed passively refuses to get into the police car. f. The victim of a crime is upset, angry and irritated with their situation and will not calm down as deputies attempt to acquire information. g. The victim of a crime and of apparently sound mind is injured and in need if medical attention but refuses treatment. h. A suspect has been sprayed directly in the eyes and face and it has been ineffective (repeated/over exposures inappropriate). i. A very young or old,frail suspect who is under arrest is unarmed but expresses intent to resist violently. j. Any situation where probable cause to arrest does not exist. D. Electronic Control Device 1. ECD Acceptable A deputy may deploy darts with an electronic control device on a combative suspect where doing so does not create a predictable, unacceptable level of injury to the suspect, a fire hazard or a risk of serious bodily injury or death to the deputy or a third-party if ineffective. Examples include: a. A suspect is resisting arrest in a medical treatment facility and other force options are not justified or are likely to be ineffective or dangerous. b. A suspect who is reasonably capable of injuring the deputy is non-compliant to verbal commands during the arrest process and displays pre-assault indicators. c. A suspect is laying on the ground resisting arrest by not allowing deputies to place his/her hands behind their back. d. A deputy is in a foot pursuit of the suspect in a violent felony or who is otherwise dangerous to the public if they remain at large. e. A suicidal subject armed with a weapon is non-compliant to verbal commands/persuasion. Page 5 of 10 Docusign Envelope ID:A2FD790D-A594-4C4A-839E-9839A8682A78 ECSO-General Policy-Use of Force Fact Based Examples-1.26-GP f. Deputies confront a suspect armed with a blunt/edged weapon or a firearm and the suspect's intent is unclear. Lethal coverage is immediately available and the deputies can safely move into a position to attempt this option. 2. Drive Stun Use The use of a drive stun should be limited to static resistance where pain compliance should be reasonably effective and not during a dynamic struggle for establishing control. Examples include: a. A suspect who is under arrest is resisting by grabbing onto something and is too strong for the deputy to overpower if the subject turns on the deputy. Pressure points and other lesser techniques are ineffective or likely to be ineffective. b. A suspect who is under arrest and handcuffed is refusing to get into a police car by stiffening his/her body. Verbal persuasion, touch pressure points and empty handed techniques have been ineffective. c. A suspect is laying on the ground resisting arrest by not allowing deputies to place the suspect's hands behind their back. Verbal persuasion,touch pressure points and empty-handed techniques have been ineffective. 3. ECD Unacceptable Deputies shall not use an electronic control device on a resisting/assaulting suspect when it creates a predictable, unacceptable level of injury to the suspect,a fire hazard or a threat of serious bodily harm or death if ineffective. Examples are: a. A suspect who is under arrest is non-compliant and displaying clear pre-assault indicators is on an elevated position creating a significant risk of serious bodily injury or death from a fall. b. A suspect who is being arrested is non-compliant and displaying clear pre-assault indicators is in water deep enough to cause a drowning hazard. c. A suspect who is being arrested is non-compliant and displaying clear pre-assault indicators is in close proximity to a flammable substance such as would create a danger of ignition from a spark. d. A deputy confronts a suspect armed with a blunt/edged weapon or a firearm, the suspect's intent is unclear and lethal coverage is not immediately available. (Note: ECD deployment does not reliably protect the deputy; the deputy should deploy the firearm.) e. A suspect who is being arrested is non-violent, displays no pre-assault indicators and is displaying only passive resistance. f. A suspect who is under arrest is very young or very old and frail and other reasonably effective options are available to the deputy. g. A deputy in foot pursuit of a suspect in a non-violent crime is running across a hard surface such as concrete. h. A suspect who is under arrest and is handcuffed passively refuses to get into the police car. i. The victim of a crime is upset, angry and irritated with their situation and will not calm down as deputies attempt to acquire information. j. The victim of a crime who is apparently of sound mind is injured and in need if medical attention but refuses treatment. Page 6 of 10 Docusign Envelope ID:A2FD790D-A594-4C4A-839E-9839A8682A78 ECSO-General Policy-Use of Force Fact Based Examples-1.26-GP k. Repeated exposure from multiple deputies when cuffing under power is unacceptable. I. A very young or old, frail suspect who is under arrest, unarmed and expresses intent to resist violently. m. Any situation where probable cause to arrest does not exist. E. Less-Than-Lethal (LTL) Projectiles — 12-guage 40 mm bean bags, sponge, rubber and wood baton rounds and rubber pellets. Deployments should be done in a way that minimizes the risk of striking unintended target areas. Acceptable striking areas may be munitions specific but are generally intended to be non-lethal. 1. LTL Projectiles Acceptable Acceptable uses of a less-than-lethal projectiles include: a. Deputies confront a suspect armed with a blunt/edged weapon or a firearm and the suspect's intent is unclear. Lethal coverage is immediately available and the deputies can safely move into a position to attempt this option. b. A violent suspect who is barricaded inside of a residence comes out and then turns to go back inside. Deputies are not close enough to deploy other options. c. A violent suspect is attempting to escape on foot and is too far away to attempt other options.(Note: The use of this force option should not put the public at risk of injury.) d. A suicidal subject armed with a weapon is non-compliant to verbal commands/persuasion. e. A deputy deploys a LTL option outside of training guidelines, such as closer than minimum distances, in response to a change in circumstances that may justify or lead to the use of deadly force. 2. LTL Projectiles Unacceptable • Unacceptable uses of a less-than-lethal projectiles include: a. A deputy is attempting to arrest a suspect who is unarmed, non-violent and non-compliant to verbal commands. b. A deputy is attempting to arrest a suspect who is unarmed,violent and non-compliant when the suspect is closer or farther than training guidelines would allow for the involved munitions. c. A deputy confronts a suspect armed with a blunt/edged weapon or a firearm, the suspect's intent is unclear and lethal coverage is not immediately available. (Note: This option does not reliably protect the deputy; the deputy should deploy the firearm.) d. A suspect is attempting to flee from deputies and use of LTL projectiles may/will put innocent persons at risk of injury. e. A very young or old, frail suspect who is being arrested is unarmed but expresses intent to resist violently. f. Any situation where probable cause to arrest does not exist. F. Forceful Takedowns Page 7 of 10 Docusign Envelope ID:A2FD790D-A594-4C4A-839E-9839A8682A78 ECSO-General Policy-Use of Force Fact Based Examples-1.26-GP 1. Forceful Takedowns Acceptable Forceful takedowns are those which are accomplished by weaponless tactics and are acceptable in the following situations: a. As a deputy attempts to arrest a suspect, the suspect becomes agitated, verbally aggressive, begins to tense and resist and presents a threat to the deputy's safety. b. The deputy determines that a subject must be taken into protective custody for medical treatment or evaluation under implied consent and the subject refuses to cooperate and becomes violent. c. A non-violent suspect who is under arrest has been uncooperative and non-compliant to verbal commands/persuasion, has resisted attempts to control hands behind the back or other soft hand techniques and does not indicate that cooperation is an option. d. Deputies are arresting a violent suspect who has a history of resisting and assaulting police even where the suspect is unaware of the impending arrest attempt. e. Deputies are attempting to arrest a violent suspect who is not responding to verbal commands and presents a physical threat to the deputies. f. A suspect who is handcuffed becomes violent and attempts to pull away from deputies and assault deputies with his/her legs and feet. The suspect's size makes him/her difficult to control. g. A suspect who is under arrest is attempting to flee on foot.The deputy is able to get close enough to attempt physical control. h. A suspect is assaulting someone and the dynamics do not allow safe deployment of a baton, ECD or OC spray. i. As a deputy attempts to detain a suspect who is reasonably capable of harming the deputy,the suspect becomes agitated and resist forcefully. j. As a deputy attempts to detain the suspect in a violent offense, the suspect is non-compliant and begins to resist. 2. Forceful Takedowns Unacceptable Forceful takedowns are unacceptable in the following situations: a. A suspect of such young or old age that a forceful takedown may reasonably result in a level of injury that would not be justified by the circumstances. A controlled takedown would be an acceptable option. b. A suspect is being arrested for a non-violent crime and is passively resisting the deputy's commands. c. A non-violent, resisting suspect has a physical injury that would be aggravated or complicated beyond a reasonable or acceptable level based on the circumstances. Examples may include when a suspect has been involved in a vehicle crash and may have a back or neck injury or executing a forceful takedown on an arm that is broken. d. The victim of a crime is upset, angry and irritated with their situation and will not calm down as deputies attempt to acquire information. e. The victim of a crime who is apparently of sound mind is injured and in need if medical attention but refuses treatment. G. Strikes with Personal Weapons(hands,feet, knees, elbows,forearms or shins). 1. Strikes with Personal Weapons Acceptable Page 8 of 10 Docusign Envelope ID:A2FD790D-A594-4C4A-839E-9839A8682A78 ECSO-General Policy-Use of Force Fact Based Examples-1.26-GP Strikes with personal weapons are acceptable in the following examples: a. During a contact, the suspect suddenly assaults the deputy. The deputy's first defense is spontaneous to create time and distance (strike is to the face, chest or legs). b. A deputy is attempting to arrest a suspect and a struggle ensues where the suspect is trying to assault the deputy and the deputy is unable to access and effectively deploy any intermediate force options (strike is to the face, arms, legs, pressure points or body). c. A suspect who is under arrest is holding onto something as a form of resistance. Verbal persuasion and touch pressure points have been ineffective (strike is to pressure points on the arms or legs). d. A suspect is assaulting someone and the dynamics do not allow safe deployment of a baton, ECD or OC spray(strike is to pressure points). e. A suspect who is being arrested is attempting to flee on foot (the deputy can get close enough to execute a tripping technique or off-balance the suspect by pushing). f. As a deputy attempts to arrest a suspect who could reasonably cause harm to the deputy,the suspect tenses up and refuses to comply(strike is to pressure points). 2. Strikes with Personal Weapons Unacceptable Strikes with personal weapons are unacceptable in the following examples: a. A deputy initiates an arrest and the suspect begins to resist.The circumstances allow for a transition to a takedown or justifiable intermediate force options. b. A suspect who is under arrest takes a fighting stance and challenges the deputy to a confrontation. (Note: Intermediate options are appropriate here. Unnecessarily engaging in a fight is unsafe). c. A non-violent suspect who is being arrested refuses to follow verbal commands and resists passively. d. A suspect who is under arrest is very young or very old and frail and resists arrest. H. Joint Manipulation. These efforts at establishing control and compliance include wrist and arm locks, leg locks and applying pressure to interlocked fingers. 1. Joint Manipulation Acceptable Acceptable uses for joint manipulation include: a. A suspect who is being arrested is passively non-compliant to the deputy's commands. b. As a deputy attempts to detain a suspect to investigate a non-violent crime, the suspect displays mild resistance. c. A deputy attempts to control a subject being taken into protective custody and the subject is resisting mildly. d. A deputy manipulates a suspect's arm behind his/her back as the suspect is resisting arrest. e. While conducting a lawful pat-down, the deputy has the suspect interlock his/her hands on top of their head or behind their back and squeezes them together with controlled force to cause them to lock. Page 9 of 10 Docusign Envelope ID:A2FD790D-A594-4C4A-839E-9839A8682A78 ECSO-General Policy-Use of Force Fact Based Examples-1.26-GP f. A deputy has a suspect who is under arrest interlock his/her hands on their head or behind their back and squeezes them together with controlled force to cause them to lock in preparation for handcuffing. g. A deputy controls a compliant suspect's hands and arms behind his/her back during an arrest. h. The use of joint manipulation to control a very young or very old and frail suspect who is resisting arrest for a violent offense. 2. Joint Manipulation Unacceptable Examples of unacceptable joint manipulation include: a. A deputy uses a joint lock during a consensual encounter/voluntary contact. b. A deputy attempts to use joint manipulation on a suspect being arrested who is non-compliant, reasonably capable of injuring the deputy and is communicating his/her intent to resist or fight. (Note: This option places the deputy unnecessarily and dangerously close to the suspect. Other justifiable force option should be used.) c. Use of joint manipulation on a suspect who is mildly resisting for a non-violent crime, has an injured limb and use of the technique on the limb will likely result in a more serious injury than is reasonable under the circumstances. d. Attempting joint manipulation to control a suspect who has displayed violent behavior and is non-compliant to verbal commands (Note: It is unsafe to close the distance and risk an assault. Other justifiable force options should be used.) e. A deputy reasonably attempts to control a suspect with a joint manipulation technique and the suspect tenses, begins to resist and an attempt to disrupt (striking pressure point) is unsuccessful. (Note: The deputy should transition to another option such as a takedown or disengage and transition to justifiable intermediate options rather than continue to struggle.) f. The use of joint manipulation without the presence of reasonable suspicion, probable cause or other required legal justification. g. Using joint manipulation on a very young or very old and frail suspect for a non-violent crime when the suspect is cooperative and compliant. Policy History Revised On Changes Made Approved By 09/12/23 Formatting Sheriff James Van Beek Page 10 of 10