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Commission adopts revised use‑of‑force policy, rejects motion to reintroduce carotid restraint

San Francisco Police Commission · December 21, 2016
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Summary

After hours of testimony and a contentious amendment fight, the Police Commission adopted a revised Department General Order 5.01 clarifying the preamble, banning chokeholds and shooting at moving vehicles, and voting down a proposal to reintroduce the carotid restraint as a limited option.

The San Francisco Police Commission voted to adopt a revised use‑of‑force policy that strengthens the policy preamble, explicitly prohibits chokeholds and shooting at moving vehicles, and preserves a requirement that every firearm discharge be reviewed on a case‑by‑case basis.

Deputy Chief Hector Sinas outlined the draft DGO 5.01 and five tentative drafting agreements reached during the meet‑and‑confer process, including language cleanup, clarification of command notifications, and reorganization of vulnerable‑population guidance. The draft was posted on the commission website on Dec. 2 for public review.

Commission debate focused on two disputed areas. Commissioners and members of the public discussed the department’s 2011 bulletin and DOJ recommendations in framing a strict ban on shooting at moving vehicles as a best practice; several commissioners said the revised policy maintains such a prohibition. The other flashpoint was the carotid restraint: some commissioners and certain station officers argued that removing the carotid left officers without a close‑contact intermediate option in tight spaces, while others and many public commenters urged an immediate prohibition citing national DOJ guidance and cases where carotid use led to fatal outcomes when it slipped into chokeholds.

Commissioner Turman moved an amendment to reintroduce the carotid restraint as a retained but tightly limited option (to be used only in assaultive or life‑threatening situations) with a directive for a department bulletin limiting its application. That amendment failed on a roll‑call vote (4 in favor, 3 opposed). Public commenters from advocacy groups, mental‑health organizations, and families urged the commission to retain the ban on carotids and to avoid opening the door to taser procurement.

The commission unanimously adopted clarifying preamble language that reiterates no policy can anticipate every exceptional circumstance, requires rigorous review of each firearm discharge and states officers are expected to exercise sound judgment. With that preamble added and the explicit replacement of “control hold” language with “choke hold” in prohibitions, the commission voted unanimously to adopt DGO 5.01.

The adopted policy will be followed by department training on the new DGO; the chief and department staff said training will include academy instruction, video training and range work and will be scheduled after formal adoption. Commissioners said they expect the department to return with implementation details and metrics for oversight.