Washington State

Office of the Attorney General

Attorney General

Bob Ferguson

Use of Force Policy Disclaimer

The Use of Force Policy and accompanying information below are provided as-is by the law enforcement agency

Agency's use-of-force policy is consistent with the AGO model policy:
No
Why agency's use-of force policy departs from the AGO model policy:
To Washington State Attorney General Bob Ferguson,

This letter notifies you the Port of Seattle Police Department has completed a 2023 update to the policy manual per 2023 legislative updates and Lexipol updates. The Port of Seattle Police Policy Manual continues to maintain compliance with RCW 10.120.030(2).

The Port of Seattle Police Department’s reasons for maintaining polices are, but not limited to:

1. Our use of force policies are consistent with RCW 10.120.020 because we adopted the statute language into our use of force policy.
2. The Port of Seattle Police Department utilized Lexipol for our department policy manual. Lexipol provided language to be used consistent with the model policy provided by the attorney general’s office.
3. The Port of Seattle Police Department is nationally accredited by the Commission on Accreditation for Law Enforcement Agencies (CALEA). Our policies meet or exceed the standards of national best practices in law enforcement.
4. The Port of Seattle Police Department has had legal review the updated changes for 2023 to ensure consistency is maintained with the model policy provided to ensure compliance.

The Port of Seattle policy has two inconsistencies and the reason why provided below remain the same from our submission in 2022:

1. Electronic Controlled Weapons (ECW), Standards of Use (3.a) – Officers shall carry an ECW on the support side of the body, and in all but extreme circumstances, shall draw, exhibit, and use the device with the support (non-pistol firing) hand.
a. Port of Seattle policy only allows for the ECW to be carried on the support side of the body. Policy does allow for support hand or dominant hand draws BUT in a cross-draw method only. Switching at this time without providing training to a support hand only draw increases the risk for accidental discharges or the inability to draw due to no training. further evaluation will need to be done to ensure if such a change is made, it is done in a safe way with proper training.
2. Firearms, Pointing and Drawing a Firearm (3.b) – Officers should only draw a firearm in the low ready position (i.e. unholstered but out of the officer’s visual field) when the officer makes reasonable observations based on the totality of the circumstances that the situation may evolve to the point where deadly force would be authorized.
a. Port of Seattle Police are trained to draw their firearms based on the situation. The environment dictates the tactics. While low ready is one of the tactics taught, this is not ideal for ALL situations. For example, if the officer is in a scene requiring the weapon to be drawn and an officer/ civilian/ suspect are on the ground injured, in a low-ready position, the officer has the potential to be pointing their firearm directly at the injured person if only low-ready is to be used. Therefore, Port of Seattle Officers are taught other drawing alternatives so the safest method can be used based on the environment they are in.
How agency's use-of-force policy is consistent with RCW 10.120.020:
To Washington State Attorney General Bob Ferguson,

This letter notifies you the Port of Seattle Police Department has completed a 2023 update to the policy manual per 2023 legislative updates and Lexipol updates. The Port of Seattle Police Policy Manual continues to maintain compliance with RCW 10.120.030(2).

The Port of Seattle Police Department’s reasons for maintaining polices are, but not limited to:

1. Our use of force policies are consistent with RCW 10.120.020 because we adopted the statute language into our use of force policy.
2. The Port of Seattle Police Department utilized Lexipol for our department policy manual. Lexipol provided language to be used consistent with the model policy provided by the attorney general’s office.
3. The Port of Seattle Police Department is nationally accredited by the Commission on Accreditation for Law Enforcement Agencies (CALEA). Our policies meet or exceed the standards of national best practices in law enforcement.
4. The Port of Seattle Police Department has had legal review the updated changes for 2023 to ensure consistency is maintained with the model policy provided to ensure compliance.

The Port of Seattle policy has two inconsistencies and the reason why provided below remain the same from our submission in 2022:

1. Electronic Controlled Weapons (ECW), Standards of Use (3.a) – Officers shall carry an ECW on the support side of the body, and in all but extreme circumstances, shall draw, exhibit, and use the device with the support (non-pistol firing) hand.
a. Port of Seattle policy only allows for the ECW to be carried on the support side of the body. Policy does allow for support hand or dominant hand draws BUT in a cross-draw method only. Switching at this time without providing training to a support hand only draw increases the risk for accidental discharges or the inability to draw due to no training. further evaluation will need to be done to ensure if such a change is made, it is done in a safe way with proper training.
2. Firearms, Pointing and Drawing a Firearm (3.b) – Officers should only draw a firearm in the low ready position (i.e. unholstered but out of the officer’s visual field) when the officer makes reasonable observations based on the totality of the circumstances that the situation may evolve to the point where deadly force would be authorized.
a. Port of Seattle Police are trained to draw their firearms based on the situation. The environment dictates the tactics. While low ready is one of the tactics taught, this is not ideal for ALL situations. For example, if the officer is in a scene requiring the weapon to be drawn and an officer/ civilian/ suspect are on the ground injured, in a low-ready position, the officer has the potential to be pointing their firearm directly at the injured person if only low-ready is to be used. Therefore, Port of Seattle Officers are taught other drawing alternatives so the safest method can be used based on the environment they are in.
Date policy last updated: