#8 Can’t Wait Standards

In light of recent events nationwide, there is a growing push for agencies to adopt the “#8 Can’t Wait” standards that have been proposed by Campaign Zero. The Sugar Land Police Department has policies and procedures in place to effectively provide professional high-level police services that are in line with the Commission on Accreditation for Law Enforcement Agencies (CALEA), industry standards, federal, state and local mandates. In addition, there is a continual review of policies and procedures that aids in efficient police practices. As it pertains to “#8 Can’t Wait”, in most instances, our practices and policies are in line with the general concepts. We are committed to improving policies, practices, and procedures going forward. To this end, our use of force policy is currently under review.

“#8 Can’t Wait” standards:

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1. Ban Chokeholds and Strangleholds

  • Sugar Land Police absolutely ban chokeholds by written policy and training. Noted in policy: Choke holds or other types of restraint that applies direct pressure to the trachea are not authorized.
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2. Require De-escalation 

  • We train de-escalation techniques.  We do scenario/reality based training situations where officers are required to de-escalate situations prior to using any other tactics.
  • We are currently drafting de-escalation language that more clearly states this requirement which will be included in the revised use of force policy.
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3. Require Warning Before Shooting 

  • SLPD written policy states that before using a firearm, a police officer should, when feasible, identify themselves and state their intent to shoot.  Deadly Force (shooting) is our last option; and only used in defense of ourselves or a third person when faced with death or serious bodily injury. 

“Deadly Force” means force that is intended or known by the actor to cause, or in the manner of its use or intended use, is capable of causing death or serious bodily injury.

  • Parameters of Deadly Force
    • Protection of one’s self or third party from serious bodily injury or death.
    • Before using a firearm, police officers should, when feasible, identify themselves and state their intent to shoot.
    • Warning shots are prohibited. 
  • Warning shots are prohibited by policy. (We train to identify the specific threat, the specific target, and consider the backdrop to reduce or eliminate possible collateral damage).  With warning shots there is no way to control where the bullet goes or comes down.
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4. Requires Exhaust All Alternatives Before Shooting 

  • SLPD written policy states that before using a firearm, a police officer should, when feasible, identify themselves and state their intent to shoot.  Deadly Force (shooting) is our last option; and only used in defense of ourselves or a third person when faced with death or serious bodily injury.
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5. Duty to Intervene

  • SLPD trains officers on “duty to intervene”.  There is existing case law requiring police officers to protect individuals from fellow officers using force that is not objectively reasonable.  Additionally, all officers are trained in Procedural Justice where the basic tenets taught are to Listen, and Explain, with Equity, and Dignity.

It is a basic principle of supervisory responsibility that supervisors must intervene into subordinate officer’s conduct.

Police officers have an affirmative duty to intercede on behalf of a citizen whose constitutional rights are being violated in their presence by other officers.  Officers who fail to intervene may be liable for the harm caused by their colleagues.

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6. Ban Shooting at Moving Vehicles

  • Shooting at moving vehicles is discouraged by written policy and practice however it is not banned.   It must meet very specific thresholds before taking place.

Per Policy: The decision to discharge firearms at or from a moving vehicle is justified based upon the following criteria:

  • The officer reasonably believes the conduct is immediately necessary to avoid imminent harm;
  • The desirability and urgency of avoiding the harm clearly outweigh, according to ordinary standards of reasonableness, the harm sought to be prevented by the law forbidding the conduct; and
  • A legislative purpose to exclude the justification claimed for the conduct does not otherwise plainly appear.
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7. Require Use of Force Continuum

  • SLPD written policy does contain the Use of Force Continuum.   The Continuum and the Law only allow objectively reasonable force.

Levels of Control:

  • An Officer’s lawful action to gain control of a subject whose actions create a dangerous situation for the officer or others, or the action taken to overcome a subject’s attempt to defeat the officer’s attempt to gain control.  The level of control used by officers is predicated on the level of resistance presented by the subject.
  • Officer Presence
  • Verbal Direction
  • Compliance Controls - Pressure Point Control Tactics (PPCT)
  • Physical Controls - Pressure Point Control Tactics (PPCT)
  • Intermediate Weapons
  • Deadly Force
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8. Require Comprehensive Reporting

  • SLPD written policy and practice requires comprehensive reporting of use of force incidents; including multiple levels of supervisory review.  We also track all incidents to identify training needs or disciplinary requirements.