Ld 20 - Use Of Force

Front 1

Reasonable force

Back 1

Reasonable force is a legal term for how much and what kind of force a peace officer may use in a given circumstance Penal Code Section 835a states: “Any peace officer who has reasonable cause to believe that the person to be arrested has committed a public offense may use reasonable force to effect the arrest, to prevent escape or to overcome resistance.”

Front 2

Penal Code Section 835a

Back 2

“Any peace officer who has reasonable cause to believe that the person to be arrested has committed a public offense may use reasonable force to effect the arrest, to prevent escape or to overcome resistance.”

Front 3

Graham v. Connor

Back 3

In 1989, the United States Supreme Court applied an objective standard to a force situation and further established how reasonable force must be judged objectively (Graham v. Connor,(1989)).

Front 4

Fourth Amendment “objective reasonableness” standard

Back 4

The Court noted that determining the objective reasonableness for the use of force must be fact specific, and established the following four components for determining reasonableness:

The reasonableness of a particular use of force must be...
1
judged from the perspective of a reasonable officer.
2
examined through the eyes of an officer on the scene at the time the force was applied, not the 20/20 vision of hindsight.
3
based on the facts and circumstances confronting the officer without regard to the officer’s underlying intent or motivation.
4
based on the knowledge that the officer acted properly under the established law at the time.

Front 5

Fourth Amendment “objective reasonableness” standard - The officer’s perspective

Back 5

The totality of the circumstances must be evaluated from the perspective of the officer at the scene, rather than from an outsider’s benefit of “20/20" hindsight. Reasonable force must be based on the facts and circumstances known to the peace officer at the time the force was used.

The Court noted that:
“the amount of force necessary for the situation is determined by the objective reasonableness as judged by a reasonable officer given the officer’s training and experience.”

A reasonable officer is defined as an officer with similar training, experience, and background in a similar set of circumstances, who will react in a similar manner.

Front 6

Fourth Amendment “objective reasonableness” standard - reasonable officer standard

Back 6

The Court noted that:
“the amount of force necessary for the situation is determined by the objective reasonableness as judged by a reasonable officer given the officer’s training and experience.”

A reasonable officer is defined as an officer with similar training, experience, and background in a similar set of circumstances, who will react in a similar manner.

The reasonable officer standard:
• would another officer
• with like or similar training and experience,
• facing like or similar circumstance,
• act in the same way or use similar judgement?

Front 7

Reasonable force - punishment

Back 7

Force should never be used to punish subjects. In the American criminal justice system, punishment in the form of judgments is the sole responsibility of the courts.

Front 8

Reasonable force - officer's intent

Back 8

The objective for the use of force by peace officers in any situation is to ultimately gain or maintain control of an individual and the situation.

Control, as it relates to defensive tactics, means maintaining composure to make sound judgments and decisions.

Front 9

Reasonable force - Additional gauges for reasonableness

Back 9

The Court noted that the following facts should also be considered, but not limited to, when gauging reasonableness:
• The severity of the crime
• The nature and extent of the threat posed by the subject
• The degree to which the subject resists arrest or detention
• Any attempts by the subject to evade arrest by flight

Front 10

Subject’s duty to submit to arrest

Back 10

Whether a subject is legally detained or arrested, it is the subject’s duty to refrain from resisting the officer’s authority.

Front 11

Penal Code Section 834a

Back 11

“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 12

Officer authority to use restraint

Back 12

An arrest can be made by physically restraining a subject or by the subject submitting to the authority of the officer.

Front 13

Penal Code Section 835

Back 13

“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 14

Authority and criteria for the use of force

Back 14

A peace officer who makes or attempts 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 15

Authority to Use Force - Agency policies

Back 15

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.

Limitations on the use of force are set by agency policy. These policies are attempts to provide reasonable guidelines for officers to protect them and their agency from criminal and civil liability.

Front 16

Force Options

Back 16

Force options are 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 17

Objective for use of force

Back 17

The objective for the use of force by peace officers is to gain and maintain control of an individual and the situation.

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 18

Force Options - Officer judgement

Back 18

The amount of force applied shall not exceed what is reasonable to overcome the subject’s resistance to gain or maintain control of the subject. Each officer must rely on their judgment to employ objectively reasonable force for that specific situation.

The reasonableness of a particular use of force must be judged from the perspective of a reasonable officer. Examined 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 19

Officer preparation

Back 19

In law enforcement, preparation can mean the difference between life and death as well as generate a professional image for a peace officer.

Uniforms.

- Proper fit.

- Neat, professional appearance.

- Does not impair free movement.

- More effective Command presence.

Gear.

- In good condition.

- Inspected regularly.

- Readily accessible.

- Increased confidence in the application of physical force.

Firearms.

- Cleaned and maintained.

- Serviced by a trained armorer as necessary.

- Increased confidence in the application of deadly force.

Body armor.

- Fits properly

- Does not interfere with movement.

- Is worn by the officer.

- Enhanced survivability.

Front 20

Practice and training

Back 20

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 21

Factors affecting selection

Back 21

- Public safety.

- Immediate action required for self-defense or defense of others.

- Amount and nature of the resistance which must be overcome.

- Passive resistance.

- Active resistance.

- Assaultive resistance.

- Life-threatening resistance.

- Presence of a weapon and type of weapon.

- Other Weapons.

- Firearms.

- Seriousness and nature of the offense.

- Misdemeanor cite and release.

- DUI.

- Armed Robbery.

- Characteristics of the subject as compared to the characteristics of the officer

- Size.

- Age.

- Knowledge of Capabilities.

- History.

- Availability of assistance.

- Number of officers.

- Available backup units.

- Nature and condition of the location and surroundings.

- Danger to bystanders.

- Availability of weapons.

Front 22

Subject’s Actions - Cooperative - Description and force options

Back 22

Subject offers no resistance

- Mere professional appearance
- Nonverbal actions
- Verbal requests and commands

Front 23

Subject’s Actions - Passive non-compliance

Back 23

Does not respond to verbal commands but also offers no physical form of resistance

- Officer’s strength to take physical control, including lifting/carrying
- Control holds and techniques to direct movement or immobilize a subject

Front 24

Subject’s Actions - Active resistance

Back 24

Physically evasive movements to defeat an officer’s attempt at control, including bracing, tensing, running away, or verbally signaling an intention to avoid or prevent being taken into or retained in custody

- 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

Front 25

Subject’s Actions - Assaultive

Back 25

Aggressive or combative; attempting or threatening to assault the officer or another person

- 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

Front 26

Subject’s Actions - Life-threatening

Back 26

Any action likely to result in serious injury or possibly the death of the officer or another person

- Utilizing firearms or any other available weapon or action in defense of self and others

Front 27

Force options - Constant reevaluation

Back 27

Peace officers must use the force option appropriate for the situation as conditions may change rapidly. Officers must continually reevaluate the subject’s action and must be prepared to transition as needed to the appropriate force options

Front 28

Tools and Techniques for Force Options (not all inclusive)

Back 28

Verbal Commands/Instructions/Command Presence
Control Holds/Takedowns
Impact Weapons
Electronic Weapons (Tasers, Stun Guns, etc.)
Chemical Agents
Firearms
Body Weapons
Impact Projectile
Carotid Restraint Control Hold

Front 29

Importance of effective communication

Back 29

Communication involves both command presence and words resulting in improved safety.

Safety
• provides skills that reduce the likelihood of physical confrontation
• can result in a reduction of injuries

Professionalism
• renders more effective public service and improves community relations
• decreases public complaints and internal affairs investigations
• decreases civil liability
• lessens personal and professional stress

Front 30

The law enforcement profession and communication

Back 30

Effective communication is a basic element of the use of force. A major goal of law enforcement is to gain voluntary compliance without resorting to physical force.

Front 31

Use of Deadly Force

Back 31

The use of deadly force is the most serious decision a peace officer may ever have to make. Such a decision should be guided by the reverence for human life and, used only when other means of control are unreasonable or have been exhausted.

Front 32

Deadly Force

Back 32

Deadly force applied by a peace officer is force that creates a substantial risk of causing death or serious bodily injury.

Front 33

Deadly force - To protect self or life

Back 33

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 34

Tennessee v. Garner

Back 34

Use of deadly force on fleeing subject.

The Court applied the following points that would make it reasonable for an officer to use deadly force against a fleeing subject in this particular set of circumstances (i.e. using a firearm to stop a fleeing suspect escaping on foot).

Components of the Garner decision...

1.

if the subject threatens the officer with a weapon or there is probable cause to believe that he has committed a crime involving the infliction of serious bodily harm [or death].

2.

probable cause to believe that the subject poses a threat of death or serious physical harm, either to the officer or others.

3.

probable cause to believe that the use of deadly force is reasonably necessary to prevent escape].

4.

some warning be given prior to the use of deadly force where feasible.

Front 35

Serious bodily harm or injury

Back 35

Serious bodily harm or injury means a serious impairment of physical condition, including, but not limited to, the following: loss of consciousness, concussion, bone fracture, protracted loss or impairment of function of any bodily member or organ, a wound requiring extensive suturing, and serious disfigurement. (Penal Code Section 243(f)(4))

Front 36

Reasonable necessity

Back 36

Reasonable necessity means that delay in apprehension would create substantial and unreasonable risk to officers or others possibly resulting in serious physical injury or death.

Front 37

Imminent danger

Back 37

Imminent danger means a significant threat that peace officers reasonably believe will result in death or serious bodily injury to themselves or to other persons. Imminent danger is not limited to “immediate” or “instantaneous.” A person may pose an imminent danger even if they are not at the very moment pointing a weapon at another person.

Front 38

Sufficiency of fear

Back 38

According to the law, fear alone does not justify the use of deadly force. There must be a sufficiency of fear for the use of deadly force to be justified. (Penal Code Section 198)

There are three elements needed to establish sufficiency of fear.
• 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 39

Considerations when deciding to use deadly force

Back 39

The decision of whether or not to use deadly force may be influenced by the officer’s:

• 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 40

Homicide

Back 40

Homicide is the lawful or unlawful killing of a human being by another human being

Front 41

Justifiable Homicide by Public Officer

Back 41

Under certain circumstances homicide by a public officer can be justifiable and legal.

Front 42

Penal Code Section 196

Back 42

“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 43

Homicide by a public officer may be justified when...

Back 43

Ordered by a court to carry out a death sentence.
If officers are under the orders of a competent court to participate in capital punishment, the officers would be committing legal execution and could not be held responsible or prosecuted.

Acting in the course of duty.
In self defense an officer shoots at an armed subject and kills a bystander. This would be legally justified, but only if the accident happened in the course of duty.

Retaking escaping felons.
Homicide is justifiable when necessarily committed in retaking felons who have been rescued or have escaped. (Penal Code Section 196)
NOTE: Fleeing felon alone is no longer adequate justification.

Arresting a felon who resists to the point where deadly force is reasonable.
This applies to arrest situations where:
• a threat to life exists
• the subject could not have been taken by using other than deadly means

Front 44

Homicide by a public officer may NOT be justified when...

Back 44

Pursuing nonviolent felons.
In the case of nonviolent offenses, such as forgery or grand theft, the consideration for human life and the safety of bystanders would preclude shooting the subject.

Arresting or pursuing a felon who does not present a threat to life.
If it is not a violent felony, then the use of deadly force against the fleeing subject would be improper. A violent felony is one which threatens death or serious bodily harm.

When arresting or pursuing a misdemeanant who does not pose imminent danger of death or serious bodily injury to people.
When an arrest is for a misdemeanor, use of deadly force is not justified. It is the principle of the law that it is better to allow a misdemeanant to escape than to apply deadly force against the individual.

Front 45

Considerations before using deadly force

Back 45

Threat to life
• Does the subject present a credible threat to the officer or others?
NOTE: Peace officers may use force reasonable to defend their lives or the lives of others.

Imminent threat
• Does the subject present an imminent threat to life?
• Is the subject threatening the officer or others with a weapon?
• Subject’s access to weapons or potential weapons
• Proximity of subject to the officer.

Type of crime/subjects
• Is the nature of the crime violent or non-violent?
• Is there a large number of subjects to be confronted?

Type of weapon
• Can it cause serious bodily injury or death?

Subject’s capabilities
• Does the subject demonstrate superior physical skill over the officer?

Location and background
• Is there a crowd of innocent people behind the subject?

The officer’s present capabilities
• What sort of weapon or other capabilities are at the officer’s disposal?

NOTE: Officers must always take into account the totality of circumstances when selecting a force option for a given situation. It is not the intent of this chart to imply that any one circumstance alone may or may not justify the use of deadly force.

Front 46

Documenting the Use of Force

Back 46

A peace officer’s ability to clearly document the facts and activities of a use of force incident not only reflects on the officer’s own professionalism, but also on the ability of the justice system to prosecute the criminal case or limit civil liability. Every use of force incident is different and may require different information.

Facts and circumstances are not limited to the written report. Other factors to be considered include:
• crime scene processing
• evidence collections
• photographs
• witness and subject statements
• medical records

Front 47

Precursory acts

Back 47

Precursory acts are those events that led up to the encounter with the subject, including how the officer arrived at the scene as well as what observations helped the officer assess the situation.

Front 48

Documenting precursory acts

Back 48

Giving detailed information of the precursory acts provides the background information necessary to justify the use of force. Possible information includes, but is not limited to:
• establishing that the officer was acting in an official capacity
• the wearing of an approved uniform that clearly identifies the officer as a peace officer
• the mode of travel and whether or not the vehicle was clearly identifiable as a law enforcement vehicle
• identification as a peace officer
• the reason for the officer’s presence

Front 49

Documenting subject behavior

Back 49

Officers should describe the specific orders, commands, or requests that they gave to the subject. Both the officer’s and the subject’s responses and reactions to those commands should be documented, including direct quotes if possible.

Front 50

Documenting factors justifying use of force

Back 50

Officers need to describe the factors between the subject and themselves that justify the use of force, including but not limited to:
• number of officers/subjects
• height and weight of each subject
• gender and age of each subject
• strength and fighting skills of each subject
• physical condition of each subject
• clothing (i.e., uniform with equipment vs. casual attire)
• stance of each subject (describe)

In addition to the subject’s physical attributes, it is necessary to document the specific characteristics regarding the identification of a subject. Some characteristics include, but are not limited to:
• prior contact
• obvious prison or gang tattoos
• specific gang attire
• access to potential weapons such as knives, boots, rings, or guns

Front 51

Documenting environment

Back 51

Officers should observe and record details regarding the environment where the confrontation took place. This information includes, but is not limited to:
• physical environment where the contact took place (e.g., high crime area, etc.)
• subject’s potential to gain assistance or aid from friends or associates

Front 52

Describing the type of force used

Back 52

Officers need to be very clear regarding the type of force applied in given situations. This includes, but is not limited to:
• identifying techniques by their proper names and providing a written description
• the effect or non-effect of the force technique used upon the subject
• the rationale for adjusting and transitioning the level of force
• communication before, during or after the use of force

Front 53

Documenting post-custody actions

Back 53

After the subject has been taken into custody, peace officers should describe other actions such as, but not limited to:
• safe and effective adjustment of handcuffs
• double locking the handcuffs (reduces the possibility of inflicting injury from handcuffs over-tightening)
• obtaining first-aid or medical treatment for the subject and/or themselves when reasonably safe to do so
• damage to their clothing (i.e., uniforms) and equipment
• collection of evidence (what, where, and by whom)

Front 54

Witness statements

Back 54

Statements made immediately after the confrontation are often the most accurate since there is little time to become confused or let outside influences confuse the facts. Whenever possible, witnesses should be located and interviewed at the scene of the confrontation.
Use of a tape recorder or videotaping the statements of witnesses and subjects may be beneficial to the reporting officer.

NOTE: It is important to collect all statements including those persons who claim they did not see any part of the incident.

Front 55

Documenting specific fact patterns

Back 55

When writing a “use of force” report, you must document all the facts and circumstances “at the moment” of the particular use of force. In other words; what specific fact patterns, observations or circumstances were apparent to you when you made the decision to use force?

Front 56

Documenting use of force - report writing tips

Back 56

First, begin by “setting the stage.” Document the type of call and all information known to you before and after the call.

Second, describe each person involved in the force transaction which includes, but is not limited to, their physical traits, apparent mental and emotional state, objective symptoms (drugs/alcohol), weapons, etc.

Third, document a chronological step-by-step detailed account of the force transaction. Most importantly, articulate how the force transaction interconnected with the primary objective of maintaining control.

Fourth, think of your writing as a “video” that replays the event visually, mentally, emotionally and physically for others so it communicates what transpired effectively and clearly

Front 57

Factors affecting the peace officer’s response

Back 57

When peace officers use force, there are several factors that can influence their actions and the outcome of the event. These include the officer’s:
• attitude or prejudices toward any involved party (e.g., self, partner, bystander, subject, etc.)
• insensitivity or arrogance, creating a negative emotional response
• sincere and courteous behavior, reducing problems and danger associated with an arrest
• life experience, past performance, training, etc.

Front 58

Self-control

Back 58

Self-control is one of a peace officer’s greatest assets in dealing with a person or a situation.
Self-control:
• is a result of the development of confidence in one’s skills
• also comes through training, practice, and experience
• improves decision making/reaction time
Self-control is maintaining composure to make sound judgments and decisions.

Front 59

Command presence

Back 59

Some subjects can be controlled by the peace officer’s command presence.
• Professional demeanor can have a positive influence on calming a subject, making it easier to take the subject safely into custody.
• Nonprofessional demeanor can easily lead to increased conflict, encouraging dangerous behavior by the subject and resulting in poor behavior on the part of the officer.

Front 60

Self control - emotional responses

Back 60

Two major emotional factors that officers need to focus on to maintain self control are:
• fear, an emotional response to a perceived threat
• anger, a feeling of displeasure from perceived opposition
It is important to understand fear and anger, since both can affect officers’ reactions during a dangerous situation.
• Uncontrolled fear and anger tend to decrease the officers’ ability to make sound judgments and decisions.
• Uncontrolled fear and anger tend to increase hesitation, verbal abuse and unreasonable force.

Front 61

Definition of fear

Back 61

Fear is a normal emotional response to a perceived threat (real or unreal). Fear is normal and does not become a problem until it interferes with the ability to perform effectively.

Fear may alter alertness during stressful situations. Courage or bravery are not the lack of fear, but in fact, the control of fear.

Front 62

Physiological reactions to fear

Back 62

When a person experiences fear, the body reacts, often by an increase in adrenaline, heart rate, and breathing. In addition, some common body and mind responses to fear may include:
• blood clotting enzymes flow into the system to minimize damage from wounds
• vision and hearing become more acute and focused (e.g., tunnel vision and tunnel hearing)
• increased muscle tension and perspiration
• raised pain thresholds
• time distortion
• color distortion
• impaired fine motor skills

Front 63

Reasonable Fear

Back 63

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

Front 64

Unreasonable Fear

Back 64

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

Front 65

Situations that may generate reasonable fear

Back 65

Reasonable fear may result when an officer experiences increased tension in response to a potential threat.
The officer may experience reasonable fear as a result of:
• a sudden or erratic movement by a subject
• the sight of a weapon in a subject’s possession
• the knowledge that a person is in danger of bodily harm
• a sudden sound produced outside of the officer’s field of vision
• unresponsive, unexpected response to the officer’s action

Front 66

Situations that may generate unreasonable fear

Back 66

Unreasonable fear includes overreactions to true potential threats as well as reactions to unreal threats based on prejudice or poor application of past experience.

The officer may experience unreasonable fear as a result of:
• an emotional response to a traumatic event
• generalization of past trauma (such as being bitten by a dog as a child or suffering a painful gunshot wound)
• personal prejudice against people of a particular race, religion, ethnic group, etc.
• overall anxiety as a result of uncertainty about one’s own skills and expertise

Front 67

Sources of unreasonable fear

Back 67

Physical Source of Unreasonable Fear

• Personal physical harm
• Phobias (e.g., claustrophobia)
• Psychological (i.e., paranoia)

Social Source of Unreasonable Fear

• Racial, cultural, or religious-based
• Responsibility for making critical decisions
• Peer disapproval

Front 68

Managing fear

Back 68

Discussing fears with others is one step toward managing fear. In addition, going through the mental rehearsal before an incident takes place (“what ifs”) as well as after-action assessments (“what could I have done differently”) will better prepare the officer in dealing with fear.

Other methods for managing fear include focusing on:
• what must be done and not solely on the danger itself
• evaluating the situation and determining what must be done to achieve the goal
• the survival phase in order to control the feeling of vulnerability

Front 69

Definition of anger

Back 69

Anger is a feeling of displeasure from perceived injury, mistreatment, or opposition, to one’s self or to another person. When anger is inappropriate or out of control (i.e., rage), it becomes a liability.

Front 70

Acceptable anger

Back 70

To a certain extent, anger allows officers to be assertive. It even plays a small role in command presence.
Peace officers have reported that anger appropriately channeled has enabled them to keep fighting, or at least keep trying, during a crisis situation.
The emotional response of anger can either aid or hinder an officers’ performance.

Front 71

Identifying situations causing anger

Back 71

Universal

• Being attacked or shot at

Personal

• Individual sensitivities that may prompt a reaction (e.g., history, personality, etc.)
• Emotional bruises and other sources of personal vulnerability

Front 72

Managing anger by....

Back 72

• depersonalizing what people say or do.
- recognize that the subject is reacting to the uniform and not to the person in the uniform.

• identifying anger inducing scenarios.
- visualize anger inducing situations (e.g., a - child taking drugs, subject beating up partner, etc.).

• developing problem-solving solutions.

- practice mental rehearsals of different scenarios, do some role-playing, seek advice from more experienced officers, etc.

• recognizing the onset.
- control breathing, if appropriate take a step back from the situation.

Front 73

Trained response vs. reaction

Back 73

Trained responses...

• are less predictable to the subject than instinctual reaction.
• are correctable.
• are flexible (can be adjusted and customized).
• can lead to increased self-control.

Reactions may be...

• more predictable to the subject.
• limited.
• improper.
• dangerous to the officer or others.

Front 74

Training and practice

Back 74

Training and practice can help attain...

• confidence in an officer’s abilities.

• correct responses.

• mental alertness and concentration.

• control over body and emotions.

Lack of and inadequate practice may result in...

• lack of confidence.

• incorrect reactions.

• panic.

• loss of control over body and emotions.

Front 75

Panic

Back 75

Panic is the total and absolute loss of control. Panic in crisis situations will render officers incapable of applying the correct and necessary defensive action for the situation.

Front 76

Objective of force application

Back 76

Peace officers are required to:
• use force only when authorized to do so (e.g., to overcome resistance to a lawful process)
• use the type of force which is reasonable under the circumstances
• use reasonable force to overcome resistance and to gain or maintain control
• use the amount and type of force which is permitted by agency policy

Front 77

Unreasonable force

Back 77

Unreasonable force occurs when the type, degree, and duration of force employed was not necessary or appropriate

Front 78

Consequences of unreasonable force

Back 78

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 79

Penal Code Section 147

Back 79

Every officer who is guilty of willful inhumanity or oppression toward any prisoner under his care is punishable by a fine not exceeding four thousand dollars ($4,000) and by removal from office.

Front 80

Penal Code Section 149

Back 80

Every public officer who, under color of authority and without lawful necessity, assaults or beats any person, is punishable by a fine not exceeding ten thousand dollars ($10,000) or by an imprisonment in the State prison or in a county jail not exceeding one year or by both fine and imprisonment.

Front 81

Penal Code Section 661

Back 81

A public officer’s removal for neglect or violation of official duty; discretion of the court.

Front 82

Penal Code Section 673

Back 82

It shall be unlawful to aid, abet, attempt, or apply cruel, corporal, or unusual punishments in reformatories, institutions, jails, state hospitals, or any other state, county, or city institution.

Front 83

U.S. Code Section Title 18, Section 242
(Criminal)

Back 83

Peace officers are prohibited from depriving citizens of their rights under the color of the law. If death results, officers may be punished by life imprisonment.

Front 84

U.S. Code Section Title 42, Section 1983
(Civil)

Back 84

Peace officers are prohibited from depriving citizens of their rights under the color of authority.

Front 85

Vicarious liability

Back 85

The unreasonable use of force by an officer can discredit and result in loss of public support to an officer’s agency.
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 86

Intervention

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Intervention is the act of attempting to prevent or attempting to stop the inappropriate or unlawful behavior of another.

The community expects that its peace officers will use reasonable force, and peace officers will intervene if reasonable force is exceeded. For the community and the officer’s protection, the officer must know the laws pertaining to intervention.

This intervention may take the form of one or more of the following actions:
• strongly caution the other officer
• physically restrain the other officer
• immediately report the incident

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Failure to Intervene

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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. US v Koon (9th Cir., 1994); Cunningham v Gates (9th Cir., 2000)

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Necessity for intervention

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Intervention is necessary because:
• it is required by law
• it is morally and ethically correct
• personal integrity demands it
• it enhances officer safety
• it preserves professionalism and supports the law enforcement mission
• it strengthens public confidence in the law enforcement profession and the individual agency involved
• it reduces personal and agency liability because it results in fewer:
- physical injuries arising from unreasonable force
- disciplinary actions and personal complaints
- criminal complaints filed against officers
- civil liability suits, including fewer punitive financial judgments against individual officers

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Immediate intervention

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During a high-stress situation such as making an arrest, peace officers may experience emotional reactions towards the subject.

As a result, they may use unreasonable force without realizing what they are doing. At this point it is imperative that a fellow officer intervene immediately to diffuse the situation.

Verbal

Physical/touch

Restraint

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Delayed intervention

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In situations that have already taken place, it may be necessary to implement a delayed intervention technique. This can be valuable in improving the professional quality of future contacts.

Discussion

Admonishment

Training

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Intervention - duty to report

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When unreasonable force is used on a person justifiably or unjustifiably arrested, it is a constitutional violation by the officer who had reasonable opportunity to intervene and did not.

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Factors to intervening

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Peace officers may fail to take action when a fellow officer is behaving inappropriately because of several factors.

Personal and psychological reasons may prevent them from intervening.

Officers might not intervene because of...

- transfer of responsibility

- rationalization

- self doubt

Personal factors

• Unfamiliar with fellow officer
• Inexperience with proper action to remedy the situation
• Feeling that intervention is someone else’s responsibility
• Peer pressure
• Personal problems
• Fearing consequences, such as being ostracized
• Fear of reaction from senior officers, field training officers, or supervisors

Psychological Factors

• Erroneous notion of how peace officers should behave (perhaps from movies and television)
• Fear may play a significant part in the behavior of the observing officer

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Consequence of not intervening

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Officers could suffer one of the following if they don’t intervene:
• increased stress
• embarrassment
• civil/criminal action
• disciplinary action
• loss of career