Ld 20 Use Of Force

Front 1

discuss reasonable force as stated by law. 20.01.EO1

Back 1

a legal term for how much and what kind of force a peace officer may use in a given circumstance.

Front 2

discuss the components of the Fourth Amendment standard for determining objective reasonableness, as determined by the U.S. Supreme Court.
20.01.EO2

Back 2

- perspective of a reasonable officer.
- through the eyes of an officer on the scene at the time the force was applied, not the 20/20 vision of hindsight.
- based on the facts and circumstances confronting the officer without regard to the officer’s underlying intent or motivation.
- based on the knowledge that the officer acted properly under the
established law at the time.

Front 3

explain the legal framework establishing a peace officer’s authority during a legal arrest, including:
- subject’s requirement to submit to arrest without resistance
20.01.EO3

Back 3

Penal Code Section 834a states:
“If a person has knowledge, or by the exercise of reasonable care, should have knowledge, that he is being arrested by a peace officer, it is the duty of such person to refrain from using force or any weapon to resist such arrest.”

Front 4

explain the legal framework establishing a peace officer’s authority during a legal arrest, including:peace officer’s authority to use reasonable force
during a detention or arrest. 20.01.EO4

Back 4

Penal Code Section 835 states:
“An arrest is made by an actual restraint of the person, or by submission to the custody of an officer. The person arrested may be subjected to such restraint as is reasonable for arrest and detention.”

Front 5

identify the circumstances set forth in the California Penal Code when a peace officer has the authority to use force.
20.01.EO5

Back 5

Penal Code Section 835a states:
“Any officer who has reasonable ause to believe that the person to be arrested has committed a public offense may use reasonable force to effect an arrest, to prevent escape or to overcome resistance.
A peace officer who makes or ttempts to make an arrest need not retreat or desist from his efforts by reason of the resistance or threatened resistance of the person being arrested; nor shall such officer be deemed an aggressor or lose his right to self-defense by the use of reasonable force to effect the arrest or to prevent escape or to overcome resistance.”

Front 6

discuss the level of authority agency policies have regarding the use of force by a peace officer.
20.01.EO6

Back 6

Although the statutory law and case law have provided a foundation for the use of force by a peace officer, the most detailed considerations and regulations are established by each agency’s policies.

Front 7

discuss the term “force option.” 20.02.EO1

Back 7

choices available to a peace officer in each agency’s policy to overcome resistance, effect arrest, prevent escape, or gain control of the situation.

Front 8

identify that the objective of using force is to overcome resistance to gain control of an individual and the situation.
20.02.EO2

Back 8

Peace officers are required to:
• use the type of force which is reasonable under the circumstances
• use only the amount of force reasonable to overcome resistance and to gain or maintain control of a subject
• conform to agency policy and federal and state law

Front 9

recognize force options and the amount of force peace officers may use based on the subject’s resistance.
20.02.EO3

Back 9

Cooperative -
- Mere professional appearance
- Nonverbal actions
- Verbal requests and commands
Passive noncompliance
- Officer’s strength to take physical control, including lifting/carrying
- Control holds and techniques to direct movement or immobilize a subject
Active resistance
- Control holds and techniques to
control the subject and situation
- Use of personal weapons in self-defense and to gain advantage over the subject
- Use of devices to secure compliance and ultimately gain control of the situation
Assaultive
- Use of devices and/or techniques to secure compliance and ultimately gain control of the situation
- Use of personal body weapons
in self-defense and to gain advantage over the subject
Life threatening
- Utilizing firearms or any other
available weapon or action in defense of self and others

Front 10

explain the importance of training and ongoing practice when responding to potentially dangerous situations that may require the use of force.
20.02.EO4

Back 10

It has been established that peace officers, when required to respond in
dangerous situations, will revert to the responses they learned in training. Officers’ tactical performance may depend entirely on how well and effectively they have trained and practiced required skills and abilities.
Without ongoing practice and training, peace officers place themselves and others in jeopardy of injury or death.

Front 11

discuss the importance of effective communication when using force.
20.02.EO5

Back 11

Effective communication may enable a peace officer to gain cooperation and voluntary compliance in stressful situations (e.g., confronting a hostile subject).

Front 12

identify the legal standard for the use of deadly force. 20.03.EO1

Back 12

An officer may use deadly force to protect oneself or others when the officer has the objective and reasonable belief that his/her life, or the life of another, is in imminent danger of death or serious physical injury based upon the totality of the facts known to the officer at the time.

Front 13

identify the factors required to establish sufficiency of
fear for the use of deadly force.
20.03.EO2

Back 13

• The circumstances must be sufficient to excite the fears of a reasonable person in like circumstances.
• The person must not act under the influence of fear alone. There has to be some circumstance or overt act apart from the officer’s fear.
• The decision to use deadly force must be made to save one’s self or
another from great bodily injury or death.

Front 14

recognize facts an officer should consider when determining whether or not to use deadly force.
20.03.EO3

Back 14

• training and experience
• judgment
• mental alertness
• emotional maturity
• existing facts and circumstances
• understanding of the law as it relates to
- agency policies concerning the use
- amount of force that is objectively reasonable to achieve the law
enforcement mission

Front 15

discuss the role of agency policies regarding the use of
deadly force.
20.03.EO4

Back 15

Officers must conform to agency policy and federal and state law.
Some issues regarding the use of deadly force addressed by agency policies include, but are not limited to:
• defense of self and others against great bodily harm or death
• use of warning shots
• shooting at:
- nonviolent fleeing felons
- juveniles
- moving vehicles
• shooting from a moving vehicle
• intentional strikes to the head or neck with an impact weapon

Front 16

recognize the law regarding justifiable homicide by a public officer and the circumstances under which the homicide is considered justifiable.
20.03.EO5

Back 16

Penal Code Section 196 states: “Homicide is justifiable when committed by public officers and those acting by their command in their aid and assistance, either:
• in obedience to any judgement of a competent court,
• when necessarily committed in overcoming actual resistance to the execution of some legal process, or in the discharge of any other legal duty, or
• when necessarily committed in retaking felons who have been rescued or have escaped, or when necessarily committed in arresting persons charged with a felony, and who are fleeing from justice or resisting such arrest.”

Front 17

describe why complete documentation of the use of force is critical to the peace officer and the peace officer’s agency, to include:
- justification for using force
- relevant factors and detail
20.04.EO1

Back 17

It is imperative that each report be thorough and comprehensive,
documenting all aspects of the use of force based on the officer’s
recollection.

Front 18

discuss factors that can affect a peace officer’s response when threatened with danger, to include:
- fear
- reasonable
- unreasonable
- anger
- indecision and hesitation
20.05.EO1

Back 18

Fear is a normal emotional response to a perceived threat (real or unreal).

Reasonable Fear
• A controlled and legitimate fear
• A mechanism that is necessary
for officer safety based on
perceived circumstances

Unreasonable Fear
• Generated in the officer’s mind
with no direct correlation to facts and situations

Anger is a feeling of displeasure from perceived injury, mistreatment, or opposition, to one’s self or to another person.

Front 19

give examples of acceptable techniques for managing anger
20.05.EO4

Back 19

depersonalizing what people say or
do.

identifying anger inducing scenarios.

developing problem-solving
solutions.

recognizing the onset.

Front 20

describe the benefits of ongoing physical and mental training for peace officers involving the use of force
20.05.EO5

Back 20

Through continual training, officers can learn to discipline the mind to remain calm, flexible, and alert at all times and, to reduce reaction time.

Training and practice in both physical and emotional skills provide the understanding and manipulative ability needed by a peace officer in the use of force in potentially dangerous situations.

Front 21

explain the legal and administrative consequences associated with the use of unreasonable force
20.06.EO4

Back 21

Criminal action - face criminal charges for unreasonable use of authority or force.

Civil lawsuits - face compensatory and punitive damages.

Civil rights violation - be held accountable for civil rights violations.

Administrative or agency action - be subject to disciplinary actions including dismissal.

Moral impact - suffer the consequences of guilt and embarrassment.

Front 22

explain an agency’s potential liability associated with the use of unreasonable force
20.06.EO5

Back 22

Vicarious liability holds an agency responsible for the conduct of its officers while acting within the scope of their authority. The agency can be:
• liable under Federal civil rights laws
• sued for negligent or inadequate training or failure to supervise adequately

Front 23

explain the consequences of an officer’s failure to intervene when unreasonable force is used by another peace officer
20.06.EO6

Back 23

An officer may face both criminal or civil liability and disciplinary action if they fail to intervene and prevent other officers from violating anyone’s constitutional rights if they had reason to know and an opportunity to act.

Front 24

discuss immediate and delayed intervention techniques.
20.06.EO7

Back 24

Immediate - Verbal, Physical touch, restraint

Delayed - discussion, admonishment, training

Front 25

discuss factors that may inhibit a peace officer from intervening in a situation where a fellow officer may be applying unreasonable force
20.06.EO8

Back 25

Transfer of responsibility

Rationalization

Self Doubt