Deadly force: When is it justified?

Lethal force is any action that creates a substantial risk of death or serious bodily injury. Substantial risk is defined as "such force as under normal circumstances poses a high risk of death or serious injury to its human target regardless of whether or not death, serious injury or any harm actually results in a given case." Lethal force is inclusive of the use of a firearm, automobile, or any other implement or means that would likely result in death when used as a weapon.

Allowable use

Lethal force may only be utilized under the following circumstances:

+To protect oneself or others from an immediate threat of death or serious bodily injury.

+Where feasible, a warning must be given that informs the suspect of the identity of the person announcing it, what the deputy wants the suspect to do, and the consequences of not following such instructions as, "Police! Stop or I'll shoot!"

+To make arrest or prevent an escape when there's a substantial risk that the person whose arrest is sought will cause death or serious bodily harm if apprehension is delayed, and if, where feasible, a warning has been given. A deputy shall not fire at a person who's called upon to halt on mere suspicion and who simply runs away to avoid arrest.

+Deputies in a specialized assignment such as the SWAT team may be directed by a SWAT supervisor to use deadly force. The supervisor is only authorized to direct the use of deadly force in compliance with this order under the direction of the onscene incident commander.

Use of firearms

+Generally, attempts to shoot at extremities is discouraged. Such force increases the chances of missing these smaller targets and causing injury to innocent bystanders, and is unreliable in effectively stopping a suspect.

+Firing at or from moving vehicles is generally discouraged.

Experience shows such action is rarely effective and is extremely hazardous to innocent persons.

+Generally, warning shots should not be fired.

+Deputies shall not draw or exhibit a firearm unless the circumstances surrounding the incident create a reasonable belief that it may be necessary to use the firearm in conformance with this policy on the use of lethal force. The pointing of a firearm at a subject is a serious matter. It is restricted to those circumstances that may justify the use of lethal force.

+Unnecessarily pointing a firearm at a person limits a deputy's alternatives in controlling a situation, creates unnecessary anxiety on the part of that person, and may result in an unwarranted or unintentional discharge of the firearm.

Information was provided by Capt. Ronald Nelson, Ventura County Sheriff's Department.