5.1 - Use of force Flashcards
The authority to use force (3 sources)
D. C. CODE - D.C. Municipal Regulations - M
D.C CODE
Any officer who uses unnecessary or wanton severity in arresting or imprisoning’s any person shall be deemed guilty of assaults’ and battery, upon conviction
, punsihed therefore.
D.C. MINICIPLA REGULATIONS
MPD members shall only use minimum amount of force, which is consistent with his or her mission
MPD POLICY
To value and preserve human life, when using lawful authority to use force. Minimum amount of force that is objectively reasonable.
Active resistance
Physically evasive movement such as bracing , tensing, pushing or verbally signaling an intention to not be taken or retained in to custody.
Carotid Artery Hold
Never use it
Less lethal weapon
Any object deployed with the intent or purpose of nullifying a threat without causing death. i.e - rubber bullets, OC spray, tactical batons.
Neck restraints
Never use it
Non- deadly force
Any use of force that is not intended to cause death or serious physical injury.
Objective reasonableness
Standard requiring the reasonabless of a particular use of force must be judged from the perspective of a reasonable member on the scene in light of the facts and circumstances confronting the member.
List all serious use of force
- All firearm discharges
- all use of force resulting in serious physical injury
- All head strikes with an impact weapon
- All uses of force resulting in risk of death, serious disfigurement, disability, loss of consciousness or impairment of funct. of any body part or organ.
- All incidence where a person receives an bite from an MPD canine.
- All neck restraints
- All uses of force resulting in death
Service weapon
Any instrument issued by MPD that is used to control or overcome a subject. i.e taser, asp, firearm.
Trachea hold
Never use it.
Definition of Ufers (Use of forces)
Any physical coercion used to influence or persuade an individual to comply with an order from an officer.
(RIF) reportable uses of force
- Deadly force
- serious use of force
- All solo or team take downs
- drawing and point of a firearm at any person if no force is use.
- Uses of less than lethal weapon
- Any use of force indicating potential criminal conduct by an officer.
- Any use of force resulting in injury where the pain is associated with the members use of force.
Deadly force
Any use of force likely to cause death or serious physical injury.
Use of force framework
Five categories of perceived threats and responses
allows officers to determine which action is objectively reasonable given the threat.
An officer does not have to attempt every force option prior to resorting to the highest level. (non-sequential)
Use of force indicating potential criminal conduct by a member
If you see something say something.
OC Spray
a compound that irritate the eye
ASP - Friction lock baton
a friction locking expandable baton that can be easily carried or readily accessible on an officers belt.
Extended Impact Weapon
Rubber Bullets
Electronic Control Device
Taser (Only sgts have tasers)
Departmental guidelines
MPD is to value and preserve the sanctity of human at all times
When is deadly force authorized?
defense of life
- defense from imminent threats of life
- No other reasonable option available
Use of force when dealing with a Fleeing Felon
Members may use deadly force to apprehend a fleeing felon, only when every other reasonable means of effecting the arrest or preventing the escape has been exhausted and one of these 2:
Imposes immediate threat to others.
There is probable cause to believe that he or she is a felon.
Warning to subject
members must identify themselves and issue warning, before discharging a firearm.
When to not use a firearm
Members must never use a firearm when:
- As a warning
- into a crowd
- at or from a moving vehicle, unless deadly force is being used against a member.
- In any misdemeanor offenses
- to protect property interest
- To stop an individual on mere suspicion
Graham vs. Connor
started of as a USE OF FORCE case, but was ruled that it was actually a case about the 4th and 8th amendment - The reasonableness test resulted from this case.
Tennessee vs. Garner
Officer can not resort to deadly force unless they est. probable cause that the suspect has committed a felony. (Fleeing felon rule)
The decision making model
The goal of every encounter is Voluntary Compliance (refer to 5.1.6)
Non-sequential order
- Deadly force
- Cooraperative control
- Contact controls
- Compliance techniques
- Defensive tactics
Elements of Actions and Assessments
Tools, Tactics and Timing
Tools
Defensive equipment such as baton, OC spray and firearm.
Tactics
Incorporate the tools into strategies to accomplish an arrest.
Timing
The correlation of tools and tactics to produce the effective application of force to establish and maintain lawful control.
Threat assessment observation
pre-attack posture or gesture, access to weapon , apparent willingness to sustain injury, and non compliance with a lawful order or request.
What factors should officers take into account?
- Size
- Strength
- Skill level
- Injury and Exhaustion
- Number of officers/suspects
Officer safety and control
Can an officer articulate clear suspicious s or possible confrontation behavior by suspect.
Use of physical force by MPD are limited to:
Protecting life or property
Making a lawful arrest
Prevent the escape of a person in custody
Controlling a situation
To effect a lawful stop of a fleeing individual
Blue
Cooperative control
Green
Passive Resister (strong verbal persuasion)
Yellow
Active Resister ( OC spray, take down)
Orange
Assaultive ( Chemical agents, Baton MPD canine and taser)
Red
Serious injury or death
Bystander Liability
An officer may be held civilly or criminally liable for standing by and failing to intervene in a violation of clearly established constitutional rights.
Types of constitutional rights violations
Compelled Confession
Warrantless Search
Unlawful Arrest
Excessive use of force
Compelled Confession
The use of force to extract confession
Warrantless Search
When the officers knows or should have known a warrant is required.
Unlawful Arrest
Arrest with no probable cause
Excessive use of force
There is no necessity for the level of force used.
Legal Theory
Conspiracy and Duty
Conspiracy
Courts have ruled acquiescence can amount to a conspiracy agreement when one officer watches as an open breach of the law exist and does nothing to seek it prevention.
Duty
There is a duty borne by police associated with the protection of constitutional rights, which is well established in case law.
