According to existing California law, a peace officer is authorized to make an arrest pursuant to a warrant or based upon probable cause. Under existing law, an officer is authorized to use reasonable force to effect the arrest, to prevent escape, or to overcome resistance.
AB-1196 was approved on September 30, 2020 by Governor Gavin Newsom and will now prohibit a law enforcement agency from authorizing the use of a carotid restraint or a choke hold. Pursuant to the AB-1196, a “carotid restraint” means “a vascular neck restraint or any similar restraint, hold, or other defensive tactic in which pressure is applied to the sides of a person’s neck that involves a substantial risk of restricting blood flow and may render the person unconscious in order to subdue the person or control the person.” A “choke hold” is defined as “any defensive tactic or force option in which direct pressure is applied to the person’s trachea or windpipe.”
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