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Police Operations and Data Analysis Report, Morgan Hill, California
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duties, up to and including the taking of a human life, is among the most complex and critiqued
actions of law enforcement. It is the responsibility of the city of Morgan Hill to ensure that its
officers are adequately trained and equipped to reasonably and appropriately use force. In order to
meet this responsibility, clear and comprehensive policies, comprehensive training; appropriate
supervision; reporting, review and analysis of force incidents; and appropriate follow-up is
required. With respect to the use of deadly force, no other responsibility of the city or department
has more importance.
Use of force by MHPD personnel is governed by the MHPD policy 300, “Use of Force.” The policy
directs that only that amount of force that reasonably appears necessary, given the facts and
circumstances perceived by the officer at the time of the event to accomplish a legitimate law
enforcement purpose, may be used. Each MHPD officer is entrusted to use well-reasoned discretion
in determining the appropriate use if force in each incident. CPSM staff reviewed the six-page policy
and found it to be comprehensive, although we have minor recommendations for clarity included in
this report.
Deadly force may be used under specific circumstances by a MHPD officer:
An officer may utilize deadly force to protect himself/herself or others from what he/she
reasonably believes would be an imminent threat of death or serious bodily injury.
An officer may also use deadly force to stop a fleeing subject when the officer has probable
cause to believe that the person has committed or intends to commit, a felony involving the
infliction of serious bodily injury or death if the subject is not apprehended.
According to current policy, MHPD officers are required to promptly document the use of force in
an appropriate report, depending on the nature of the incident (300.5). A supervisor must be
notified of a use of force as soon as practicable following an application of force under specific
circumstances including when the application causes pain, the individual complains of pain, or
when the individual expresses intent to pursue litigation (300.5.1). Officers witnessing
unreasonable force are required to intercede and report such force promptly to a supervisor
(300.2.1).
A supervisor is tasked with responding to a use-of-force scene when able to gain basic facts from
the involved officer(s), ensure any injured parties are medically treated, obtain a recorded
interview with the subject utilizing the VieVu body camera system, and identify any witnesses to
the use force. The supervisor is tasked with evaluating the circumstances of the incident and
initiating an administrative investigation if there is a question of policy compliance.
The MHPD watch commander is tasked with reviewing each use of force for policy compliance and
training issues. The patrol commander reviews the report and any associated documents. He makes
a recommendation to the Chief regarding the appropriateness of the use of force as well as
recommendations regarding further investigation or employee training, if any. A thorough,
objective, and fair investigation of the use of force will ensure management has all the facts
available to determine the appropriateness of the force. It will also provide supporting evidence in