San Bernardino Police Use-of-Force Rules
In San Bernardino, California, police use-of-force policies govern when officers may apply physical force, restraints, or deadly force during arrests, stops, and searches. Local authority derives from the city’s municipal code and the San Bernardino Police Department’s policies; the city and department handle administrative reviews while the district attorney and courts address criminal charges. This guide summarizes how rules are applied, how enforcement and discipline work, reporting routes for concerns, and practical steps residents can take to obtain records or file complaints. It is based on official municipal sources and department contacts and notes where specific penalties or procedures are not specified on those pages.
Legal Authority and Policy Sources
The primary local source for enforceable rules is the San Bernardino Municipal Code and the city’s policing policies and directives. For consolidated ordinance text, consult the city code online [1].
Penalties & Enforcement
Use-of-force misconduct by city officers is typically addressed through internal administrative processes, potential criminal prosecution, and civil liability. Specific monetary fines tied directly to officer use-of-force actions are not commonly listed in municipal ordinances; where amounts or civil damages are available they derive from state law or court judgments and are not specified on the cited municipal pages.
- Fines: not specified on the cited page for routine use-of-force; civil damages depend on state law and court outcomes.
- Escalation: administrative discipline may range from counseling to termination; specific escalation schedules are not specified on the cited page.
- Non-monetary sanctions: retraining, written reprimand, suspension, termination, policy revisions, or referral for criminal investigation.
- Enforcers and complaint pathway: Internal Affairs or the designated Professional Standards unit within the San Bernardino Police Department, with review by the City Attorney or other oversight bodies; to report concerns or file a complaint, use the police department complaint/contact page [2].
- Appeals and review: administrative appeal routes and time limits (e.g., civil service appeals) are dependent on employee rules and are not specified on the cited municipal pages.
Applications & Forms
The city commonly provides a citizen complaint procedure and forms for reporting officer conduct; the exact form name, number, fees (if any), and submission instructions are provided on the police department’s official complaint/contact page or internal affairs pages, and specific form details are not specified on the cited municipal code page. To obtain or submit a complaint form, follow the instructions on the police complaint page [2].
Action Steps for Residents
- Document the incident: time, date, officer names/badge numbers, witness contact details, and media if safe to obtain.
- Report to Internal Affairs or the police complaint portal as soon as possible; request a receipt or tracking number.
- Request records: file a Public Records Act request for body-worn camera footage or incident reports if not provided administratively.
- Contact oversight or legal counsel: consider contacting the City Attorney, civil rights organizations, or private counsel for civil claims.
FAQ
- How do I file a complaint about police use of force?
- Contact the San Bernardino Police Department’s Internal Affairs or professional standards unit via the department complaint/contact page and follow their procedure; if uncertain, contact the City Attorney’s office for guidance.
- Will the officer be criminally charged?
- Criminal charges are determined by the district attorney based on evidence and state law; the municipal administrative process is separate and may proceed regardless of criminal outcomes.
- Can I get body-worn camera footage?
- You may request footage through a Public Records Act request; certain exemptions can delay or limit disclosure and timelines depend on the department’s records policy.
How-To
- Document the incident immediately: note times, locations, officer identifiers, and witness contacts.
- Secure any video or photos and back them up to multiple locations.
- File a complaint with Internal Affairs via the police department complaint page and obtain a tracking number.
- Submit a Public Records Act request for reports and body-worn camera footage if not provided.
- If needed, consult an attorney about civil remedies and next steps.
Key Takeaways
- Use-of-force incidents are handled by administrative review and may lead to criminal charges or civil suits.
- Document and report promptly and request records to preserve evidence.
Help and Support / Resources
- San Bernardino Police Department - Contact & Complaints
- San Bernardino Municipal Code (City ordinances)
- City Attorney, City of San Bernardino