AGENDA REPORT - Laserfiche WebLink

Pending state legislation (AB 1196) seeks a statewide ban on use of the carotid restraint; law enforcement legal analysts anticipate this legislation to pass. Opponents of a complete ban point to situations where lethal force is justified, but could be avoided by the application of the carotid restraint. Staff recommends maintaining the current suspension of the carotid hold. 2. Shooting at Moving Vehicles The current police department policy states: "Shots fired at or from a moving vehicle are rarely effective. Officers should 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 threat of the vehicle, or if deadly force other than the vehicle is directed at the officer or others. Officers should not shoot at any part of a vehicle in an attempt to disable the vehicle." This policy and related department training emphasize that shooting at moving vehicles is not usually effective. In many cases where an officer fires at a moving vehicle it is because the moving vehicle is being driven at the officer or another officer. Attempts to disable a moving vehicle by shooting its tires or engine is unlikely to stop the vehicle promptly. Targeting the driver of a moving vehicle is difficult and, in these cases, it is almost always more effective to move out of the vehicle's path. However, the policy should not prohibit the use of lethal force against the driver or occupant of a moving vehicle. There have been multiple incidents where a suspect has used a vehicle as a deadly weapon against both individuals and large crowds of people. Two recent examples highlight how officers respond when a suspect flees in a vehicle in the direction of officers: In 2017, Pleasanton police officers were in pursuit of a stolen Ford Econoline van. The suspect fled into an apartment complex and into a dead end. Officers positioned their vehicles to take the suspect into custody and the suspect put his vehicle into reverse and intentionally rammed an officer's vehicle several times before fleeing. No officers discharged their firearms at the moving vehicle. In 2018, Pleasanton police officers responded to a call of a residential burglary in progress. An officer located the suspect's vehicle fleeing the area and made a U- turn to follow him. The suspect pulled into a court with no outlet. The officer realized the suspect could not exit the court and positioned his vehicle at the intersection in an attempt to block the exit from the court. The officer exited his vehicle and began giving the suspect commands to exit his vehicle. The suspect made eye contact with the officer and for a brief moment raised his hands in the air. The suspect then quickly accelerated toward the officer. The officer attempted to move out of the way and position himself behind his patrol vehicle. Page 9 of 17