Use of force

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2. Use
Of
Force
Updated 1/2009

3. Objectives
• Rules for the use of deadly force
• Alternatives to the use of deadly force
• Emotional, mental, and psychological
preparation for the use of deadly force
• Training issues
• Criminal, Civil, and Administrative liability for
misuse of force

4. Legal Issues
• Court Cases that have had an impact on
police use of force:
– Tennessee v. Garner (1985)
– Springfield v. Kibbe (1987)
– Graham v. Connor (1989)
– Maryland Case: Giant Food, Inc. v. Scherry
(1982)
End of slide

5. Department Guidelines
• Section 2.805
– General Provisions for the Use of Force
• Only the force necessary to effect lawful
objectives
• Repel force with force, using only that
amount of force reasonably necessary
to overcome attackers or resistance
End of slide

6. Constitutional Issues
• Use of force against a subject could be
considered a 4th Amendment issue.
– The more force used, the more likely the
situation will be considered a “seizure”
under the Forth Amendment.
– The amount of force will be weighed
against the Forth Amendment’s
“reasonableness requirement.” (Tennessee v.
Garner, 471 U.S. 1, 7 (1985))
End of slide

7. Department Guidelines
• Force may be used:
1. When necessary to preserve the
peace, prevent commission of offenses, or
prevent suicides or self-inflicted injuries;
2. When necessary to overcome resistance to
lawful arrests, searches and seizures, and
prevent escapes from custody;
3. When in self-defense or in defense of another
against unlawful violations to their person or
property.
2.805 C 7
End of slide

8. Department Guidelines
• Amount of Force will be determined by
the surrounding circumstances:
– Nature of the offense
– Behavior of subjects against whom
force is to be used.
– Actions by third parties who may be
present
– Physical odds against officers
– Feasibility and availability of
alternative actions
End of slide

9. Department Guidelines
• Officers acting alone may be required to
resort to a greater use of force then would
be necessary if other officers were present.
• Use of Force ranges from physical
presence, verbal commands to deadly force.
• Force consistent with specifications of
training standards, and guidelines
• Will not use unnecessary, aggressive or
excessive force.
End of slide

10. Justifications
• Must be viewed and judged from the
perspective of the officer with the
information known only at the time of
the incident, not later, no matter how
compelling.
• Force must be “reasonable” (Graham v.
Connor, 490 U.S. 386, 395 (1985)) and if determined to be
unreasonable, could be actionable
against the officer and/or agency.
End of slide

11. Justifications
• Several court cases have given some
insight as to how to view these issues:
– Severity of the crime (Graham v. Connor,490 U.S. 396 (1989))
– Suspects pose immediate threats to the
safety of the officer and/or others. (Tennessee v.
Garner, 471 U.S. 11-12 (1985))
– Suspects are actively resisting arrest or
evading arrest. (Graham, 490 U.S. at 396)
– Examined as they appeared to the officer
at the time. (Graham, 490 U.S. at 396)
– Officers exercised “good faith” in their
official discretion.
– Officers are sometimes forced to make
split-second decisions in tense, uncertain
and rapidly evolving incidents. (Graham, 490 U.S at
397)
End of slide

12. Deadly Force
• Officers may use deadly force only
when “the officer has probable
cause to believe that the suspect
poses a threat of serious physical
harm, either to the officer or
others…” (Tennessee v. Garner, 471 U.S. at 11-12
(1985))
End of slide

13. Deadly Force
• The application of deadly force is one in
which many officers have faced. The decision
to do so may have saved their lives or lives of
others.
• Regardless of the reason, many officers
suffer from various emotional, and/or
psychological responses. Many recover well
with the appropriate help, others have seen it
as an end to their careers.

14. Personal Effect
• It is important that officers consider this
element BEFORE an event takes place.
• Consider your own emotional and moral
response to having to use deadly force.
• If involved in a deadly force incident, make
yourself available for professional and lay
person counseling. This could involve both
counselors and peer groups.

15. Use of Force
• The use of force by a police officer
beyond the point where resistance or
physical attack ceases may
constitute “unnecessary” or
“excessive force” and may be
construed as “police brutality.”
– (Rodney King case)

16. Legal Issues
• Inappropriate use of force could
result in criminal charges, civil
suits, and/or administrative charges
against the officer and the civil
action against the agency.
– Rodney King case is an example
where the officers were charged
criminally both on a state and
federal level.

17. Legal Issues
• The best way to protect yourself is to
understand the elements relating to the
legal use of force.
• The agency protects itself by conducting
training related to the use of force and
having a policy for its members to
follow.
– This training may be in
classroom, decision-making and
judgmental use of force practical
exercises and other related type of
training.

18. Reporting Use of Force
• Every physical arrest involves some
use of force.
– The mere touching of another is a use
of force.
• Officers should document their use of
force, however slight it might be, in
their police report.
– Use of force resulting in medical
treatment must be documented
separately. (See 2.835)

19. Reporting Use of Force
• Use of Force reports are required
under the following circumstances:
– Draw and point firearms at persons;
– Discharge firearms, for other than
training or recreational purposes;
– Take action that results in, or are
alleged to have resulted in, injuries or
death to other persons.
– Apply force through the use of lethal or
less-than-lethal weapons.
End of slide

20. Officer Responsibility
• Involved Officer:
– Make required notifications and prepare
necessary reports detailing the facts regarding
uses of force or discharges.
– Reports must be completed prior to the end of
the involved officer’s shift (supervisors to
complete if officer is not able to do so.)
– Ensure appropriate medical aid is provided as
needed; care & treatment of injuries;
decontamination; increased observation for
changes in condition.
End of slide

21. Officer Responsibility
• Backup Officers:
– Render / ensure first aid is provided.
– Alert communications, request medical and
additional personnel as needed.
– Secure any suspect(s)
– Secure and protect scene
– Identify and/or detain witnesses
– Remain at scene until relieved by authority of a
supervisor, unless unsafe to do so.
End of slide

22. Firearms Issues
• Wearing and Carrying:
– May only carry their issued weapon, loaded with
Departmentally supplied ammunition while on
duty.
– Director of Public Safety may authorized you to
carry other/additional weapons.
– Carried in a “Service Ready Condition.”
End of slide

23. Service Ready Condition
• Weapon is clean and properly
lubricated.
• All ammunition is present.
• Loaded magazine is inserted into
the weapon, properly seated.
• Live round is chambered, ready to
fire.
End of slide

24. Firearms
• Plain Clothes:
– While on duty, keep the weapon
concealed from public view unless on a
crime scene.
– At a crime scene, badge must be clearly
visible to the public, readily identifying
themselves as police officers.
End of slide

25. Off-Duty Weapons
• OD weapons are authorized, but not
required.
• May carry duty weapon, or authorized off-
duty weapon.
• Be mindful of the situation, clothing worn
(ability to conceal), activity involved in, etc.
• Should be concealed from the public view.
• Authorized weapons – must qualify both
day and low light courses annually.
• Must be .40 cal., semi-automatic, Double
Action Only (or similar trigger action).
End of slide

26. Use of Firearms
A. Officers are responsible for continuous and safe
display, handling, cleanliness, and security of all
issued and authorized firearms.
B. Officers may discharge firearms only:
– 1. To defend themselves or others when there
is reasonable belief that there is imminent
danger of death or serious physical injury;
– 2. To apprehend fleeing persons when no
reasonable alternatives for apprehension exist
AND officers have probable cause to believe
that the persons:
• a. Have committed crimes involving the
infliction or threatened infliction of serious
physical harm, AND
• b. Pose imminent threats of serious physical
harm to officers or to others;
– 3. During agency mandated firearms training
and re-qualification;
– 4. For practice in areas where discharging
firearms would not be unsafe or illegal; or
End of slide

27. Use of Firearms
5.With supervisory or administrative approval as
practical, to kill possibly rabid animals, dangerous
animals, or animals so badly injured that humanity
requires they be removed from further suffering, in
accordance with the following:
• a. Owner permission must be
obtained, whenever possible;
• b. Great care must be taken to protect the
public from ricocheting bullets. Backstops
must be certain;
• c. Killing of animals in the presence of children
should be avoided;
• d. Heart and lung areas will be targeted, with
headshots being avoided in case rabies tests
are necessary; and
• e. Officers euthanizing possibly rabid animals
will maintain control of the carcasses until
Animal Control takes custody of the carcasses.
End of slide

28. Use of Firearms
• C. Officers needing to discharge their
firearms consistent with B.1 (defense)
or B.2 (apprehension) of this sections
must communicate to suspects their
identities, desired actions for suspects
to take, and officers’ intention to
fire, unless circumstances are such
that suspects are already aware of
officers and their intentions or unless
such communications cannot be
reasonably made.

29. Discharging At Vehicles
• Most studies have shown that discharging
firearms at a moving vehicle is NOT an
effective manner in stopping the threat.
– Why Not?
• It can result in:
– Uncontrolled vehicle
– Ricocheted rounds
– Shooter standing fast instead of taking
evasive action to get away from the vehicle.
End of slide

30. Test Your Knowledge
• Here is an article on the Use of Force
presented through PoliceOne.com.
There is a question and Answer segment
presented here also.
• See how you do
– http://www.policeone.com/pc_print.asp?vi
d=1666240

31. End of Presentation
Exit this presentation and go to the
testing area on Blackboard.