Nevada § 171.1455 - Use of deadly force to effect arrest: Limitations

§ 171.1455. Use of deadly force to effect arrest: Limitations

1. A peace officer shall use de-escalation techniques and alternatives to the use

of force whenever possible or appropriate and consistent with his or her training,

including, without limitation, advisements, warnings, verbal persuasion and other

tactics. If it is necessary for the peace officer to use force, the peace officer must: (a) If it is possible to do so safely, identify himself or herself as a peace officer

through verbal commands, visual identification, including, without limitation, a clearly

marked uniform or vehicle, or other reasonable means; and (b) Use only the level of force that is objectively reasonable under the circumstances

to bring an incident or person under control and safely accomplish a lawful purpose. The level of force used by the officer must, to the extent feasible: (1) Be balanced against the level of force or resistance exhibited by the person;

and (2) Be carefully controlled. 2. A peace officer may, after giving a warning, if feasible, use deadly force to effect

the arrest of a person only if there is probable cause to believe that the person: (a) Has committed a felony which involves the infliction or threat of serious bodily

harm or the use of deadly force; or (b) Poses an imminent threat of serious bodily harm or death to the peace officer

or to others. 3. Each law enforcement agency shall adopt a written policy and provide training to

a peace officer regarding the potential threat of serious bodily harm or death to

the peace officer or others from a person who: (a) Is known or reasonably believed not to be armed with a deadly weapon; and (b) Is known or reasonably believed by the peace officer to be: (1) Under 13 years of age; (2) Over 70 years of age; (3) Physically frail; (4) Mentally or physically disabled; (5) Pregnant; (6) Suffering from a mental or behavioral health issue; or (7) Experiencing a medical emergency. 4. The written policy adopted and training provided pursuant to subsection 3 must

reflect the best practices with respect to the use of force on the persons described

in that subsection. 5. In addition to any other information required pursuant to subsection 3, the written

policy must include, without limitation: (a) Guidelines for the use of force; (b) Guidelines for the use of deadly force; (c) A requirement that peace officers utilize de-escalation techniques, crisis intervention

and other alternatives to force when feasible; (d) A requirement that peace officers utilize de-escalation techniques for responding

to persons with mental illness or experiencing a behavioral health crisis; (e) A requirement that the law enforcement agency, when feasible, send a peace officer

who has been trained in crisis intervention to respond to an incident involving a

person who has made suicidal statements; (f) Factors for evaluating and reviewing all incidents which require the use of force;

and (g) The date on which the written policy was adopted by the law enforcement agency. 6. As used in this section, unless the context otherwise requires: (a) “ Law enforcement agency ” means: (1) A police department of an incorporated city; (2) The sheriff's office of a county; (3) A metropolitan police department; (4) The Department of Corrections; (5) The police department for the Nevada System of Higher Education; (6) Any political subdivision of this State employing park rangers to enforce laws

within its jurisdiction; or (7) Any political subdivision of this State which has as its primary duty the enforcement

of law and which employs peace officers pursuant to NRS 289.150 to 289.360 , inclusive, to fulfill its duty. (b) “ Level of force ” means an escalating series of actions a peace officer may use to resolve or control

a situation or person depending on the intensity of the situation or resistance of

the person that ranges from the use of no force to the use of deadly force.