300.01 Use of Force Flashcards
NPD Officers will only use force that is __________ _____________ to accomplish lawful objectives
objectively reasonable
What is lethal force?
force that is likely to cause death or serious bodily injury
What is another name for Lethal Force?
Deadly physical force
What is Less Lethal Force Option?
any force option other than that which is considered lethal or deadly force
What perspective is Objectively Reasonable Force analyzed from?
A reasonable Officer possessing the same information and faced with the same circumstances as the officer who actually used force
Is Objectively Reasonable Force judged with hindsight?
No
What is one facts that someone might take into account when deciding if the force used was Objectively Reasonable?
Officers must make rapid decisions in tense situations
Name factors to be considered when deciding how much force can be used?
- severity of crime.
- does the subject pose an imminent threat to the safety of the officer and others
- Is the subject actively resisting arrest or attempting to evade arrest by flight
Name the 3 factors used to define Serious Bodily Injury?
Physical injury that:
- Creates a substantial risk of death or serious disfigurement
- Protracted loss or impairment of the function of any bodily part, member or organ
- Causes serious permanent disfigurement
Define “Reasonable Belief.”
Facts and circumstances that would lead a normally prudent police officer to believe that an imminent threat of death or bodily injury exists
Define “Immenent”
Such an appearance to threatened and impending injury as would cause a reasonable and prudent police officer to act to stop the threat
What are the 2 circumstances when an officer can use deadly force?
- Protect themselves, another officer or person when officer has reasonable belief that an imminent threat of death or SBI exists to themselves, another officer or person
- To prevent escape of fleeing felon who officer has PC to believe will pose a significant threat of death or serious physical injury to the officer or others
Is an Officer required to identify themselves and stat their intent to use deadly force?
No, only when feasible
Besides deadly force, when else can an officer discharge their firearm?
- Range practice or competitive sporting events
2. euthanize an animal that is a threat to public safety or for humanitarian reasons
Other than in circumstances where it is reasonable to believe it may be necessary to use their weapon, when else can an officer draw or exhibit their firearm?
maintenance
during training
weapons inspections
Are warning shots allowed?
no
what are the circumstances for when an officer can discharge their firearm FROM a moving vehicle?
- when deadly force is justified and;
- the use of lethal force does not constitute a greater hazard to the public than does the imminent threat and;
- must be the most reasonable course of action under the circumstances
When can an officer discharge their firearm AT a moving vehicle?
- deadly force is justified.
- Officers cannot place themselves in a position where a vehicle will be used against them
- escape from the path of the vehicle should be considered prior to or in lieu of using deadly force when escape is possible.
True or False: When shooting from or at a moving vehicle, the Officers focus will be to disable the vehicle,?
False, it is to stop the person presenting the imminent threat
When is an officer allowed to use less lethal force?
- to protect themselves or others from physical harm
- to restrain or subdue a resistant individual
- to bring an unlawful situation safely and effectively under control
An Officer may employ that force option which he or she believes is ________ _________ to accomplish lawful objectives.
objectively reasonable
When safe under the totality of the circumstances, Officers will assess the situation to determine if ___________ tactic is appropriate
De-escalation
All officers have a _______ _____ _______ when they see an Officers using force that is clearly beyond objectively reasonable, when it is safe to do so.
duty to intervene
Who inspects and approves all firearms authorized for duty prior to issuance and qualification?
certified departmental armorer
How often will the department train and qualify with firearms?
at least annually
If an Officer fails to qualify wit their firearm, they will be given training by whom?
Departments firearms training officer
What happens if an officer fails to qualify with their firearm after a second attempt?
- report is forwarded to the chief
- Chief will take action as they deem necessary, in accordance wit this policy
If an officer suffers an illness or injury that could affect their ability to use a firearm, what must they do before they return to enforcement durties?
re-qualify
How often do officers receive training on the departments use of force policy?
at least annually
True or false; all officers will sign for and receive copies of the use of force policies and any revisions as they occur?
true
What are the less lethal force options?
- Command presence
- Verbal Commands
- Physical Strength and skills
- chemical spray
- Impact tools
- electronic control devices
- K9 (iff applicable)
How often is each sworn officer required to demonstrate proficiency with the less lethal force option in which they are authroized to use?
At least biennially, except the Taser which is annually
How are less lethal proficiency standards established?
- current doctrines, methods and trends
- familiar with safe handling techniques
- knowledge of departments less lethal options
4 instruction will be conducted by a qualified instructor
Who maintains training documentation?
Training Office
Who must be notified without unnecessary delay, of a reportable use of force?
Supervisor
Must supervisors be notified is an officer uses force while off-duty?
yes
What are reportable uses of force?
when an officers uses their police powers and;
use lethal force or;
uses any force option including physical force
What are the exceptions to a reportable use of force?
- command presence
- verbal commands
- physical strength and skills which do not result in jury, the appearance of injury or complaint of pain
- force reasonable objective to overcome resistance due to physical disability or intoxication which does not result in injury or complaint of pain
Who digitally signs a Response to Resistance form?
Supervisors
Where does a Response to Resistance form get sent after it has been completed?
-Appropriate Division commander for review, who then forwards a completed packet to OOPS
What is digitally signing a Response to Resistance form acknowledging?
that force used was in conformance, unless otherwise noted, with departmental rules and regulations
A new Response to Resistance form is completed if more than three officers use force. What is the exception to this?
SRT operations, where a written addendum will document officers involvement
Why would a Use of Force committee established?
to review such incidents and make corrective or adverse actions
Can a use of force committee make disciplinary actions?
no, they can only take actions such as training or tactical improvements
Who is notified when a PO’s use of force causes death or SBI or when a vehicle pursuit results in SBI or Death?
Chief
Division Commanders
In cases where use of force causes death or SBi, what type of leave will the responsible officer be placed on?
non-punitive administrative leave
How long is an Officer placed on leave as a result of a use of force causing death or SBI?
Pending completion of administrative review and until a post shooting intervention is conducted by a licensed mental health professional
In incidents where deadly force is used or force that causes SBI, what types of investigations will the Department complete?
Administrative and criminal
What type of incidents do the “Rhode Island Attorney Generals Protocol Regarding Incidents Involving Deadly Force, Excessive Force and Custodial Deaths” investigate?
- All police involve shootings
- in custody deaths
- vehicular accidents resulting in serious injury or death, involving the police
- excessive force allegations with evidence to warrant additional investigation
- Any situation where the PD and AG jointly agree that a review by the AG would be in the public interest
The Patrol Division Commander will review all reported uses of force for:
- Determine of any rules, policies or procedures were violated
- Relevant policies were clear and effective to cover the situation
- Department training is adequate
True or False; In incidents that will be investigated by the AG, the employing PD shall limit their investigative steps prior to the AG’s involvement to securing the scene, witness identification, and any other measures needed to address exigent circumstances
True
Any video or audio recordings should not be released until when?
All witness statements have been collected and the criminal investigation has concluded
Who shall serve as the primary point of contact in multi-agency responses?
Chief of the employing agency
True or False: As a general rule, all police involved uses of force resulting in death or SBI will be presented to the grand jury for review?
True
True or False: Incidents involving force that dos not result in death or SBI and where the undisputed facts indicate the the force was objectively reasonable may be concluded without a formal grand jury presentation?
true
In matters where an Officer is alleged to have used excessive force and their is supporting evidence, what is the protocol?
- Notify AG promptly
- provide AG with all non-compelled statements and any other evidence
Who investigates excessive use of force complaints where there is evidence to support the allegation?
AG and employing PD
What division is strongly preferred to investigate these complaints?
Professional standards unit or equivalent
