Section 304 SONOMA COUNTY SHERIFF’S DEPARTMENT Law Enforcement Division 304 - Use of Firearms 304.1 PURPOSE AND SCOPE The purpose of the Use of Firearms policy is to establish procedures for the use and reporting of incidents involving the discharge of firearms. This policy is for internal use only, and does not increase the Department’s and/or a Deputy's civil or criminal liability in any way. Violations of this policy can only form the basis for departmental administrative actions. 304.11 POLICY It is the policy of this Department to resort to the use of a firearm, when it reasonably appears to be necessary, and generally: (a) A deputy may use deadly force to protect him or herself or others from what they reasonably believe would be an immediate threat of death or serious bodily injury. (b) A deputy may use deadly force to affect the arrest or prevent the escape of a suspected felon where the deputy has probable cause to believe that the suspect has committed or intends to commit a felony involving the inflicting or threatened inflicting of serious bodily injury or death. Under such circumstances, a verbal warning should precede the use of deadly force where feasible. (c) To stop a dangerous animal. (d) With the approval of a supervisor, a deputy may euthanize an animal that is so badly injured that human compassion requires its removal from further suffering and where other dispositions are impractical. (Penal Code § 597.1(e)). Injured animals (with the exception of dogs and cats) may only be euthanized after a reasonable search to locate the owner has been made. (Penal Code § 597.1(b)). (e) For target practice at an approved range. Where feasible, a warning shall be given before a Deputy resorts to deadly force as outlined above. A specific warning that deadly force will be used is not required by this policy, only that a warning be given if feasible. 304.12 WARNING SHOTS Generally, warning shots or shots fired for the purpose of summoning aid are discouraged and may not be discharged unless the Deputy reasonably believes that they appear necessary, effective and reasonably safe. 304.13 MOVING VEHICLES Shots fired at or from a moving vehicle are rarely effective and are generally discouraged. (a) Unless it reasonably appears that it would endanger Deputies or the public, Deputies should attempt to move out of the path of any approaching vehicle. 304 - Use of Firearms - 42 October 2006 © 1999 - 2006 Lexipol, LLC SONOMA COUNTY SHERIFF’S DEPARTMENT 304 - Use of Firearms (b) This is not intended to restrict a Deputy’s right to use deadly force directed at the operator of a vehicle when it is reasonably perceived that the vehicle is being used as a weapon against the Deputy or others. (c) Deputies may not use deadly force to stop a fleeing suspect unless the Deputy has a probable cause to believe that the suspect has committed or intends to commit a felony involving the infliction of serious bodily injury or death. Under such circumstances, a verbal warning should precede the use of deadly force, where feasible. 304.14 CHOICE OF FIREARMS Handguns, rifles and shotguns are authorized to be used in circumstances in which a reasonable Deputy would conclude that the particular firearm would be the most effective weapon. Prior to using a particular weapon, each Deputy must have successfully completed the Department-approved qualification course. 304.2 REPORTING Any Deputy who discharges a firearm, whether accidentally or intentionally, on or off duty (except during training or recreational use) shall comply with the following procedures, subject to the provisions of Government Code Section 3300, et seq. and Constitutional law: (a) The Deputy shall make a verbal report regarding the discharge of the firearm to the on-duty supervisor as soon as practical. (b) The Deputy shall prepare a memo detailing the circumstances surrounding the discharge of the firearm, and shall forward a copy to his/her immediate supervisors as soon as practical, except when the Sonoma County Law Enforcement Chiefs Association countywide Protocol 93-1, named the “Employee Involved Fatal Incident Protocol”, has been invoked. (c) If the countywide “Employee Involved Fatal Incident Protocol” has been invoked, then the Deputy shall comply with all protocols required therein. 304.3 (a) 1. The “Employee Involved Fatal Incident Protocol” is invoked when a “critical incident” has occurred in Sonoma County. 2. A critical incident is an incident involving two or more people, in which a police agency employee is involved as an actor, victim, or custodial officer, where fatal injury (including an injury which is so severe that death is likely to result) occurs, (Reference: page 9 of “Employee Involved Fatal Incident Protocol” booklet.) INVESTIGATIONS The immediate supervisor (or on-duty supervisor) of a Deputy who discharges a firearm shall make any investigation that is needed to properly evaluate the circumstances of the firearm discharge. Unless the countywide “Employee Involved Fatal Incident Protocol” has been invoked, that supervisor shall prepare a memo detailing his/her finding(s) and conclusion(s). 304 - Use of Firearms - 43 October 2006 © 1999 - 2006 Lexipol, LLC