6. Police De-escalation and Use of Force Flashcards
What is the standard under the fourth amendment for police use of force?
Objectively reasonable.
Definition:
This term means that in determining the necessity for an appropriate level of force officers shall evaluate each situation in light of the known circumstances, including, but not limited to, the seriousness of the crime, the level of threat or resistance, presented by the subject, and the danger of the officer, subject, or community.
The reason of a particular use of force must be judged from the perspective of a reasonable officer on scene, rather than the 20/20 vision of hindsight.
Determining reasonableness of force must allow for the fact that police officers are often required to make instantaneous judgments, in circumstances that are tense, uncertain and rapidly evolving. The force must be reasonable under the circumstances known to the officers at the time force is used . (Graham v. Connor)
In addition to the US Constitutional requirements for use of force what additional supplements are required in Massachusetts?
Massachusetts has statutes and regulations beyond Graham’s objective reasonableness. Massachusetts officers must abide by chapter 6E and 555 CMR 6.00 the joint regulations of the municipal police training commission and peace officer standards in training commission
Now, for the first time in Massachusetts, reasonable force is now defined in statute law.
If de-escalation is not feasible or has failed, what may officers do?
Officers may use proportionate and necessary force to
Conduct a lawful arrest or detention
Prevent an escape from custody
Defend themselves or,
Prevent eminent harm to another
In Massachusetts under 6E what does de-escalation mean?
De-escalation is proactive approaches to stabilize a law-enforcement situation
Verbal persuasion
Warnings
Slowing down the pace of an incident
Waiting out a person
Creating distance between the officer and a threat
Requesting additional resources to resolve the incident
What does feasibility mean in terms of de-escalation tactics?
This term feasibility is not defined in 6E, however it means capable of being used successfully. De-escalation must be realistic under the circumstances.
What is the most important tool for officers to explain how de-escalation succeeded, failed, or why it was not feasible to begin with
Your incident report
Rigorously documents these encounters in your incident report.
Success, failure, or reasons why it was not feasible are the only 3 legal possibilities in explaining de-escalation in your incident report.
Physical effort, however, slight to compel compliance by an unwilling person is the definition of what?
Non-deadly force.
Pointing a firearm, ECW or use of OC spray on an individual or directed towards an individual is considered?
Is considered a reportable incident of a use of force per UOF-01 page 4
What is the definition of proportionate force?
The use of force model
What about escorting or handcuffing a person is that a use of force?
No physically, escorting or handcuffing a person with minimal or no resistance is not use of force
What does the term proportionate mean concerning UOF?
Although not defined in 6E traditionally means balanced. Thus a proportionate UOF is a balanced response by an officer.
In these UOF situations, you must have heightened awareness: (3)
Passive resistance. This means a person is noncompliant with commands, but is completely nonviolent. use only the force necessary to make the arrest or conduct an investigation. A criminal complaint may be best option over an arrest.
Pressure on a persons, chest or spine only used to temporarily gain, regain or maintain control of a person or to apply handcuffs. Move into recovery or seed deposition as soon as practical.
Absolutely no pressure on head or neck. Officer is forbidden to sit Neil or stand intentionally on a persons, head or neck for any purpose. George Floyd rule.
May I apply pressure on a persons chest or spine?
Yes, to gain temporary control in order to apply handcuffs. Return to seated position as soon as possible.
Can I apply pressure on a head or neck?
I am forbidden to sit kneel, or stand intentionally on a persons, head or neck for any purpose
Force is only proportionate when applied to
An actual threat