How to resolve AdBlock issue? Chief Brad Rasmussen gave the overview to the Lakeport City Council at its meeting last week and in a followup interview this week with Lake County News further explained the policies and recent development in use of force legislation advocacy at the state level.
Rasmussen said he wanted to offer a report in response to what occurred with the killing of George Floyd by police in Minneapolis in May.
In a report the council titled, “Equal Justice for All,” Rasmussen wrote, “Over the past few weeks since the tragic incident resulting in the death of George Floyd in Minneapolis, law enforcement, community and elected leaders are seeing many questions regarding police policies and procedures relating to use of force. The actions and inactions we saw from police during their contact with Mr. Floyd are not consistent with how law enforcement should operate, or the manner in which the Lakeport Police Department provides service to our community.”
He said his department continues to receive questions locally and remains “fully transparent” in how it operates.
Rasmussen told the council that many of the questions his department is receiving are focused on the Campaign Zero #8CantWait project, which relates to eight areas of concern which he said Lakeport Police has compared to its policies.
The eight #8CantWait project areas are banning chokeholds and strangleholds, requiring de-escalation, requiring a warning before shooting, exhausting all alternatives before shooting, duty to intervene, banning shooting at moving vehicles, requiring use of force continuum and requiring comprehensive reporting.
Rasmussen said the majority of the Lakeport Police Department policies are consistent with the suggestions of the #8CantWait project.
He said his department has a long history of community policing and working with community members to ensure equal justice, and, protecting and respecting the rights of all people.
The department’s previous efforts have included aligning with the six pillars from President Barack Obama’s 2015 President’s Task Force on Community Policing, which are building trust and legitimacy, policy and oversight, technology and social media, community policing and crime reduction, training and education, and officer wellness and safety, Rasmussen said.
In January, Rasmussen said Lakeport Police’s supervisory and management team began focusing efforts on the eight critical areas in modern policing as identified by the 2019 report “Law Enforcement Best Practices” by the United States Department of Justice, Office of Community Oriented Policing Services. Those eight areas are community policing, de-escalation, crisis intervention, first line supervisors, early intervention systems, internal affairs, recruitment, hiring, promotion and retention and data systems.
He said his department is continuing to weave those efforts into all aspects of its daily policing, and he’s proud of the efforts of the men and women of his department who for decades have created and maintained positive relationships, continue to believe in transparency, remain open to interaction with the community as the agency continues to evolve and adapt in order to move into the future.
Councilman Kenny Parlet told the council during the meeting that Rasmussen has been well ahead of the curve in adopting proper policies, and that the council can be proud of the job he’s doing.
Comparing Lakeport Police policies to #8CantWait
Rasmussen’s written report to the council included the following comparisons between current Lakeport Police police and the #8CantWait policy priorities.
Chokeholds and strangleholds: The Lakeport Police Department does not authorize its officers to use chokeholds or strangleholds. Rasmussen said carotid control holds were deauthorized for use by Lakeport Police officers in a new policy that went into effect in January.
De-escalation: SB 230, passed in 2019, includes a requirement that officers utilize de-escalation techniques, crisis intervention tactics, and other alternatives to force when feasible. Rasmussen said Lakeport Police’s officers have been trained in crisis intervention tactics and department policy directs officers to consider a number of factors towards offering deescalation alternatives, including taking no action or passively monitoring a situation. Officers also are required to complete additional training regularly on de-escalation and communication training, biased based policing and crisis intervention training.
Require warning before shooting: Rasmussen said that requirement already is followed by Lakeport Police officers and is clearly stated in department policy 300.4 which states, “Where feasible, the officer shall, prior to the use of force, make reasonable efforts to identify themselves as a peace officer and to warn that deadly force may be used, unless the officer has objectively reasonable grounds to believe the person is aware of those facts.” He said his officers are required to provide a warning prior to the use of a conducted energy device such as a Taser, a baton, Oleoresin Capsicum or a kinetic energy projectile.
Ban shooting at moving vehicles: Lakeport Police policy does not ban shooting at moving vehicles, but the practice is discouraged. LPD policy 300.4.1 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.”
Duty to intercede: Rasmussen said Lakeport Police officers already have a duty to intercede under existing LPD Policy 300.2.1, which states “Any officer present and observing another officer using force that is clearly beyond that which is objectively reasonable under the circumstances shall, when in a position to do so, intercede to prevent the use of unreasonable
force. An officer who observes another employee use force that exceeds the degree of force permitted by law should promptly report these observations to a supervisor.”
Requirement to exhaust all alternatives before shooting: Rasmussen said the Lakeport Police Department “recognizes and respects the value of all human life and dignity without prejudice to anyone.” He said department Policy 300.4 states, “If an objectively reasonable officer would consider it safe and feasible to do so under the totality of the circumstances, officers should evaluate the use of other reasonably available resources and techniques when determining whether to use deadly force.”
Require use of force continuum: Rasmussen said department Policy 300.3 states, “Officers shall use only that amount of force that reasonably appears necessary given the facts and totality of the circumstances known to or perceived by the officer at the time of the event to accomplish a legitimate law enforcement purpose.” He said officers “respond to every situation, which at times can be rapidly evolving, utilizing their training and critical thinking skills to determine the appropriate level of force, be it their physical presence, use of verbal communication, simple hand control holds, electronic control device such as a Taser, baton, Oleoresin Capsicum, less-lethal weapons and firearms.”
Require comprehensive reporting: Rasmussen said department policy requires use of force reporting under Policy 300.5, which states, “Any use of force by a member of this department shall be documented promptly, completely and accurately in an appropriate report, depending on the nature of the incident. The officer should articulate the factors perceived and why he/she believed the use of force was reasonable under the circumstances.” Rasmussen said all uses of force incidents are reviewed by a supervisor and command staff and incidents resulting in great bodily injury or death are reviewed by a review board as required by department Policy 302.
Policy differences and latest developments
Rasmussen told Lake County News that there are slight differences between his department’s policies and three of the #8CantWait priorities.
They include the ban on shooting at moving vehicles, exhausting all alternatives before shooting and the use of force continuum.
Regarding shooting at moving vehicles, “We discourage it but we don’t say never because there may be a situation where there is no other alternative,” he said.
On the use of force continuum, Rasmussen noted, “Use of force continuums were gotten rid of a long time ago in law enforcement policies.”
If an officer is at risk of getting shot, it’s not reasonable to expect them to try a less lethal method first, he said. “Officers in our policy have all these different levels of force that can be used if they’re reasonably necessary in the totality of the circumstances.”
Similar to the use of force continuum, Rasmussen said the proposed requirement to exhaust all alternatives before shooting is again a concern for officer safety. He said he shouldn’t have to try a less lethal method first if someone is pointing a firearm at him and saying they will kill him.
While such requirements might work in a case when there are multiple officers at a scene, Rasmussen said an officer on their own would need to be able to use the available tools based, again, on the totality of circumstances.
Rasmussen said Lakeport Police’s policies regarding the use of force are in line with California law that is both the most advanced and the most restrictive in the nation, following landmark Supreme Court rulings.
“California is pretty far ahead on this stuff,” he said.
The Lakeport Police Department, like many other law enforcement agencies, already has banned the use of the carotid hold, Rasmussen said.
On June 4, in response to Floyd’s death, California Assemblyman Mike Gipson (D-Carson) introduced AB 1196, making it illegal to use a carotid artery restraint tactic to forcibly detain a suspect. The bill is co-authored by members of the CA Black Caucus, Latino Caucus, API and LGBTQ Caucus.
Two weeks ago, Rasmussen said the Commission on Peace Officer and Standards Training, or POST, decertified the carotid hold from all of their training programs. If any agency continued to use it, they wouldn’t have POST’s backing and would be on their own for training.
A carjacking suspect’s death due to a carotid hold while in the custody of Sonoma County Sheriff’s deputies in November led to the filing of a federal lawsuit in May. Earlier this month, officials announced the Sonoma County Sheriff’s Office had banned the use of the carotid hold.
Rasmussen said that he’s received a lot of inquiries from the public about the Lakeport POlice Department’s policies, noting those questions have slowed down quite a bit after his presentation to the council and his public information releases explaining department policy.
Since he gave his presentation to the council, Rasmussen said the California Police Chiefs Association has come out with a new platform with which he agrees 100 percent.
Released on June 18, the document condemns use of excessive force; supports new use of force policies that require de-escalation, require officers to intercede against excessive use, supports comprehensive and specific guidelines on application of force, including use of less lethal force, and preventing the; supports the development of policies to facilitate free and lawful expression, de-escalate violence and resolve conflict peacefully “with the overall goal of ensuring public safety and protecting First Amendment rights of free speech and assembly”; new accountability and disciplinary actions; transparency, peace officers’ mental health and wellness; and training.
The California Police Chiefs Association also is recommending reforms outside policing, such as increasing resources to areas historically disadvantaged; increasing access to vocational training and job opportunities, including careers in public safety; improving responses to crisis; supporting access to fair housing; and support for rehabilitative and re-entry programs.
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