Effect an arrest, prevent escape or overcome resistance
The goal of use of force is to…
Gain control
The reasonableness of a particular use of force must be judged from the…
Perspective of a reasonable officer on the scene not 20/20 vision of hindsight
Factors that determine whether the officer’s use of force is objectively reasonable….
- whether the suspect posed an immediate threat to the safety of officers or others
- the severity of the crime
- whether the suspect was actively resisting
- whether the suspect was attempting to evade arrest by flight
- split-second judgements during circumstances that are tense, uncertain, rapidly evolving
The reasonable officer standard:
- would another officer
- facing like or similar circumstance
- act in the same way or use similar judgement
“If a person has knowledge of 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.
Penal code section 834A
The process of using strategies and techniques intended to decrease the intensity of the situation
De-escalation
Critical decision making model
- Collecting information
- assessing the situation, threats and risks
- law and policy
- plan
- act, review and reassess
Strategic communication - LEAPS
Listen
Empathize
Ask
Paraphrase
Summarize
Uncooperative and difficult persons - 5 steps
Ask - ethical appeal
Set context - reasonable appeal
Present options - personal appeal
Confirmation stage - practical appeal
ACT
Does not respond to verbal commands but also offers no physical form of resistance
Passive non-compliant
Passive non-compliant force options
Officers strength to take physical control including lift/carrying
Pain compliance control holds takedowns and techniques to direct movement or immobilize a subject
Physically evasive movements
Actively resistant
Actively resistant force options
Control holds and techniques to control subject and situation
Use of personal body weapons to gain advantage
Aggressive or combative; attempting to assault the officer or another person
Assaultive
Assaultive use of force options
Use of devices or techniques to secure compliance
Use of personal body weapons
Any action likely to result in serious bodily injury or death of the officer or other by the suspect is …
Life threatening
Life threatening use of force options
Utilizing firearms or any other available weapon
Force which has a significant risk of injury
Intermediate force
Officers should select the force option most objectively reasonable given the _______
“Totality of the circumstance”.
Case law that established a peace’s officers use of force under the 4th amendment would be judge using the objective reasonableness standard
Graham v Connor
____ alone does not justify the use of deadly force.
Fear
Homicidebis justifiable when committed by peace officers and those acting by their command in their aid and assistance, either:
A. In obedience to any judgement of a competent court
B. When the homicide results from a peace officer use of force in compliance with section 835a