The Fremont Police Department strives to provide transparency on police activities, departmental policies, training materials, and agency practices. We are committed to openness, accountability, and integrity. We want to ensure all materials can be made easily available to the public. Please click through the information and contact us if you have any questions.
Please note: Department policies and training materials are available to the public as required pursuant to Senate Bill 978 and are posted on a third party platform, PowerDMS. While the PowerDMS platform conforms to WCAG2.0, PDFs viewable and downloadable from PowerDMS do not automatically conform to WCAG2.0. We are taking an active approach to ensure all policies posted are compliant. Certain training materials were created for specific internal Police Department audience and, therefore, may not fully comply with WCAG 2.0 at this time. If you found certain files to be inaccessible, please contact us for assistance. For additional information, please view our full Accessibility Policy.
Where We Stand Regarding Use of Force. #8CANTWAIT
MESSAGE FROM POLICE CHIEF KIMBERLY PETERSEN
"During this time of uncertainty, the members of the Fremont Police Department remain steadfast in our commitment to building strong relationships and trust with our community. Working with you, we will seek opportunities to listen, share more information and adjust operational policing strategies according to your priorities. We will continue to hire the best people, train them to the highest standards and provide the highest level of professionalism to meet your needs. We work for you!"
Our department follows the law (PC835a) which requires officers to “evaluate each situation in light of the particular circumstances of each case,and shall use other available resources and techniques if reasonably safe and feasible to an objectively reasonable officer.” Our department trains officers on de-escalation techniques and reviews expectations which are embedded into annual training objectives. In addition to the police academy curriculum, Crisis Intervention Technique (C.I.T.) seminars and P.O.S.T. certified refresher courses provide de-escalation training.
DUTY TO INTERVENE
We require officers to intervene and report when unreasonable force is observed. FPD Policy 300.2.1 – DUTY TO INTERCEDE states the following: “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.”
EXHAUST ALL OTHER MEANS BEFORE SHOOTING
Our department follows the law, Penal Code Section 835a, subsection (a)(2), which requires officers to “evaluate each situation in light of the particular circumstances of each case, and shall use other available resources and techniques if reasonably safe and feasible to an objectively reasonable officer.” Penal Code Section 835a, subsection (a)(2) conveys that peace officers may use deadly force “only when necessary in defense of human life.” We also expect officers to adhere to FPD Policy 330.5.2 – CANON TWO which states: “Employees shall use no more force than is necessary in the performance of their duties as set forth in departmental polices and the law.” FPD officers are trained to utilize the most appropriate force option based on the threat, the need to accomplish a legitimate law enforcement objective and requirements of Penal Code Section 835a, subsection (a)(2).
REQUIRE WARNING BEFORE SHOOTING
FPD Policy 300.4(b) – DEADLY FORCE APPLICATIONS: “To apprehend a fleeing person for any felony threatened or resulted in death or serious bodily injury, if the officer reasonably believes that person will cause death or serious bodily injury to another unless immediately apprehended. Where feasible, a peace 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.”
BAN CHOKEHOLDS & STRANGLEHOLDS
We do not validate or authorize chokeholds or strangleholds. Effective June 4, 2020, our department suspended the training and use of the carotid restraint.
REQUIRE COMPREHENSIVE REPORTING
We require officers to document any use of force in an appropriate report. Documentation and reporting requirements are outlined in FPD Policy 300.4.3 – Reporting the Use of Force.
REQUIRE USE OF FORCE CONTINUUM
Each use of force situation is different and may call for a particular technique or appropriate level of force to control the situation. The Fremont Police Department trains officers in the “Koga Method” and to utilize a use of force paradigm. The force paradigm is used to identify the appropriate tool or level of force necessary as allowed by state law (Penal Code Section 835a).
BAN SHOOTING AT MOVING VEHICLES
The Fremont Police Department recognizes that shooting at moving vehicles is rarely effective and officers should make a reasonable attempt to move out of the path of an approaching vehicle. We also recognize that there may be situations that leave officers no choice but to protect a member of the community, other officers or their own life utilizing a firearm. FPD follows guidelines in Policy 300.4.1- SHOOTING AT OR FROM MOVING VEHICLES which states the following; 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.