DENVER SHERIFF DEPARTMENT
Office of the Sheriff
 Department Order
1.00.3018
 Previous Revision:
September 2020		  Current Revision:
September 2023		  Reviewed:
August 2021		  Effective Date:
September 8th, 2023
Related Standards:
CALEA: 4.3.3; 4.2.4
Colorado Revised Statutes (C.R.S.): §§ 18-1-707; 18-1-901(3)(d); 24-31-901; 35-42-115; 29-5-112
Related (referenced) Department Orders:
1.00.3011; 1.00.3013
 Subject:
USE OF FORCE ON ANIMALS
  1. Purpose: The purpose of this order is to describe the Denver Sheriff Department's ("DSD" or the "Department") policy regarding the use of force on animals. For DSD's use of force policy on individuals, see Department Order 1.00.3013 - Use of Force.
  2. Cancellation: This order supersedes all previous Department orders regarding the use of force on animals.
  3. Definitions:
    1. "Deadly Physical Force" means force, the intended, natural, and probable consequence of which is to produce death, and which does, in fact, produce death. Colorado Revised Statues (C.R.S.) §18-1-901(3)(d).
    2. "Deputy" means any sworn member of the DSD, regardless of rank.
    3. "De-escalation" means taking action or communicating verbally or non-verbally during a contact or interaction with an individual in an attempt to stabilize the situation and to reduce the immediacy of the threat so that more time, options, and resources are available to resolve the situation without the use of force.
    4. "Physical Force" means the application of physical techniques or tactics, chemical agents, or weapons to another person or animal. 
    5. "Unauthorized Physical Force" means any use of force that fails to comply with the standards established in this policy.
  4. Use of Force on Animals:
    1. General:
      1. The DSD understands that all animals, especially the domesticated animal population of its citizens, have a right to life and further recognizes the complexity of human-animal relationships. The DSD specifically recognizes that it is a policy of the State of Colorado to prevent, whenever possible, the shooting of canines by law enforcement officers in the course of performing their official duties.
    2. Domesticated Animals:
      1. If time and circumstances permit, deputies shall give the domesticated animal’s owner or caretaker a reasonable opportunity to control or remove their animal from the immediate area before taking any enforcement action.
      2. When making this determination, deputies shall take the following into account:
        1. the conduct of the animal; 
        2. their own safety and the safety of other persons in the area;
        3. the safety of other individuals in the area;
        4. the availability of non-lethal devices;
        5. the feasibility of allowing the owner to control or remove the animal, considering the totality of the circumstances, including whether an animal control officer is present or whether the incident occurs at a location that is listed in the dangerous dog registry (created in C.R.S. § 35-42-115) or is a location at which illegal narcotics are suspected to be manufactured or trafficked; and
        6. any exigencies that may be present, such as knowing that a law enforcement officer responds to a call in which the caller has asserted or suggested that a person has been bitten by a dog or is in physical danger. 
      3. In order to formulate the most appropriate response to an animal-related incident or situation, deputies should be mindful that often the size and/or breed of the animal are inappropriate indicators of imminent danger of attack. Therefore, deputies shall formulate an initial assessment of the situation based upon the specific behavioral traits of the animal and the surrounding environment.
      4. The initial assessment shall include the deputy’s recognition of the facts that domesticated animals are accustomed to human interaction, and it is common for a domesticated animal to run towards, jump, and/or make an audible sound in order to greet a human.
      5. When determining the most appropriate response, deputies must also differentiate between common behaviors associated with domesticated animals and behaviors that put the deputy and/or other individuals in imminent danger of attack. Common canine behaviors include the following:
        1. Canines that are frightened are often low to the ground and have their tail tucked between their legs and their ears may be flat against the head.
        2. Canines that are barking/lunging and restrained by a barrier (e.g., fence, chain, rope) are often the highest risk to bite due to the canine feeling frustration at not being able to access the human and/or feeling territorial over the space. The best strategy in such circumstances is to maintain a safe distance.
        3. An unrestrained canine that communicates by barking/lunging is conveying a warning, not necessarily intent to bite; however, if the warning is not heeded, the canine may be likely to bite.
        4. Canines are stimulated by quick movement and will chase any rapidly moving object. Thus, running from a canine stimulates chasing behavior and may escalate to grabbing and biting. Often, this is not aggression, but rather a game for the canine.
        5. Canines that are snarling (tensing their lips to expose their teeth) and growling are conveying the clearest and strongest of warnings. A growling canine should not be approached.
      6. When deputies have sufficient advanced notice that a potentially dangerous domesticated animal may be encountered, such as when serving a warrant, deputies shall develop a plan for dealing with the animal without the use of deadly or unauthorized physical force.
      7. If, based upon the totality of the circumstances, a deputy determines that an animal poses an immediate threat of injury to the deputy or another individual, the deputy shall use the minimum amount of force appropriate to bring the animal under control. If time and circumstances permit, a deputy shall attempt to diffuse potentially harmful situations with an animal without the use of deadly force. For non-lethal options, see: Department Order 1.00.3011 - Storage, Maintenance, and Control of Weapons and Less Lethal Devices
        1. The use of a baton to block or redirect an attack.
        2. The use of authorized chemical agents.
        3. The use of a TASER so long as it is appropriately discharged. A TASER must be discharged differently with canines than with humans because the canine’s body mass is parallel to the ground. Therefore, to properly use the device, it must be held sideways so that the probes fire horizontally and in line with the canine’s body.
    3. Wild Animals:
      1. If a wild animal is encountered, the Colorado Department of Wildlife shall be contacted to have representatives respond to the scene to control and capture such animal, if reasonably possible.
    4. Use of Deadly Force on Animals:
      1. A deputy may resort to the use of deadly force to control a vicious or dangerous animal if the plan for dealing with the animal without the use of deadly force has failed or becomes impracticable, and the animal is exhibiting behavior that puts a deputy or another individual in imminent danger or which requires a humane ending to its suffering from serious injuries. 
      2. When a deputy discharges a firearm to kill an animal, the deputy shall maintain their firearm in its condition at the conclusion of the event, making no changes to the firearm except to make it safe.
    5. Standard by Which the Use of Force on an Animal is Judged:
      1. The DSD has determined that the rationale and considerations justifying the adoption of the stricter standard of reasonable and appropriate with regard to the use of force against individuals should not apply to the use of force on animals. 
      2. The standard to be applied for the use of force on an animal is one of objective reasonableness based upon the totality of the circumstances.
      3. In making the determination of reasonableness, only the facts known or which reasonably should have been known to the deputy prior to the use of force shall be considered.
    6. Injuries to Individuals Caused by an Animal or Injured Animals:
      1. If an animal injures an individual, a deputy should render first aid and call for emergency medical services (EMS), if necessary.
        1. If the injury involves an animal bite, the individual should be advised to seek medical attention.
        2. If the bite was sustained from a domesticated animal and the owner is not present, deputies should contact the Denver Police Department (DPD) to locate the owner so that the owner may be advised that all animal bites must be reported to the Denver Animal Shelter within twelve (12) hours so that the animal can be impounded for rabies observation. Victims and/or legal guardians should be advised of the same.
        3. Individuals who sustain an animal bite from a wild animal (e.g., skunks, raccoons) should be advised to report the incident to the Colorado State Health Department.
      2. Deputies shall use discretion when rendering aid to an injured animal. Animals that have sustained an injury are often fearful of further attack and/or injury and may become aggressive if not approached with caution. Prior to rendering aid to an injured animal, a deputy should consider the totality of the situation, including the nature of the injury, whether the animal is an immediate danger to the community, the current behavioral state the animal is exhibiting, and whether the deputy is able to deal with the type of injury. When utilizing their discretion, deputies shall be mindful of the perception of the public.
      3. Deputies encountering any injured domesticated animal shall make all reasonable attempts to contact the owner or responsible party. If the owner cannot be located, the deputy shall advise 911 of the location and request assistance from the Denver Animal Shelter.
  5. Duty to Intervene:
    • Deputies are required to intervene to prevent or stop any other law enforcement officer--without regard for the chain of command--from using physical force that exceeds the force permitted by C.R.S. § 18-1-707. 
    • Refer to Department Order 1.00.3013 - Use of Force for additional guidance.
  6. Accountability:
    1. All DSD personnel must be familiar with and comply with all provisions of this policy. The division chief/unit commander or unit manager of any division or unit affected by this policy will ensure that: <CALEA: 4.2.4>
      1.  this policy is reviewed annually for compliance with all federal, state, and local laws and standards;
      2. existing procedures and all newly developed orders are in compliance with this order; and
      3. all affected personnel are made aware of this policy.
  7. Training on Provisions of this Use of Force Policy:
    1. The DSD shall provide deputies with training on the provisions of this policy and C.R.S. § 29-5-112 (Dog Interactions with local law enforcement officers). At a minimum, the training must cover DSD's policies and procedures and the assessment of what dog posture, barking and other vocalizations, and facial expressions typically signify, the options for distracting and escaping from a dog, options for safely capturing a dog and defensive options in dealing with a dog.  
    2. All deputies, including all newly hired deputies, must be appropriately trained in the effective use of de-escalation techniques, tactical considerations, non-force control options, weapons, and physical force as applicable to their job responsibilities.
    3. At least annually, all personnel authorized to carry weapons are required to receive in-service training on this policy and demonstrate proficiency with all approved lethal weapons and electronically controlled weapons that the individual is authorized to use. In-service training for other less lethal weapons and weaponless control techniques, tactical options, and de-escalation techniques shall occur at least biennially. <CALEA: 4.3.3>
    4. To the extent that any portion of a deputy’s training (whether provided by the DSD or otherwise) is inconsistent with any of the provisions of this policy, the provisions of this policy shall prevail over the deputy’s training.
  8. Effective Date: This order will become effective on September 8th, 2023.
  9. Approval: This document has been reviewed, approved, and electronically signed by the Sheriff of the City and County of Denver prior to its publication.