City of Oakland California

Level 1 Use of Force

Level 1 Uses of Force include the following:

• Any use of force resulting in death
• Any intentional firearm discharge at a person, regardless of injury
• Any force with a substantial risk of causing death
• Any force resulting in serious bodily injuries, including:
  • Loss of consciousness
  • Protracted loss, impairment, serious disfigurement, or function of any bodily member or organ (includes paralysis)
• Any unintentional firearm discharge with injury or as directed by the Bureau of Investigations Deputy Chief
• Any intentional impact weapon strike to the head
• Any use of force investigation elevated to Level 1 approved by a Watch Commander

Learn more about how we define use of force.

Incidents that involve Level 1 uses of force are investigated by an Executive Force Review Board.

Officer-Involved Shootings and Executive Force Review Board Investigations

The Executive Force Review Board (EFRB) investigates serious situations where force was used by police officers. The Board is made up of at least one Deputy Chief of Police and two other members at the rank of Captain of Police or higher.  The EFRB reviews investigations completed by the Homicide Section, Internal Affairs Division, and District Attorney’s Office, and makes a recommendation to the Chief of Police.

The EFRB review goes far beyond the issue of whether the force itself was justified or legal. The review addresses tactics and supervision to determine if the officers or their supervisors were in a position that contributed to force being used. Even when legally compliant, a use of force may violate Department tactics or training. Such a violation may result in officers facing discipline. We look for patterns in individual officer uses of force. If a problem appears, we take corrective action immediately to prevent inappropriate uses of force from occurring.