7.00 Use of Force

Question 1

7.10 Policy - Use of Force:

B. Article 35 NYS Penal Law: Defense of Justification.

C. Physical Force: Physical Force Continuum
(Quiz)

2. 1️⃣: Officer presence and verbal direction. Nothing physical.
   - Advice, warnings, persuasion.

Techniques:
a. Speak in a calm, deliberate manner, listen to the subject and request their cooperation.

b. Explain the consequences if the subject does not cooperate.

Answer 1

7.10 Policy - Use of Force: (Cont.)

3. 2️⃣: Physical Force
   Soft empty hands or hard empty hands techniques:

• Physical contact and may include, incrementally: holding a subject, come-along holds and take-down maneuvers.

4. 🚨Court officers MAY ENTER the continuum AT ANY POINT, and that their force actions are designed to EXERCISE CONTROL and are dictated by the actions of the subject(s) and NOT the officer’s EMOTIONS.

🚨 ONLY the MINIMUM FORCE necessary SHALL be used to gain control. 🚨
(Quiz)

Question 2

7.10 Policy - Use of Force: (Cont.)

5. 3️⃣: Non-lethal “Intermediate weapons” - Batons / OC Pepper spray.

Use of weapons:
- May cause pain and/or disability
- if improper or inapropriate use, may be construed as an abuse of authority
- May lead to criminal and civil sanctions
- Only officers who are trained, currently
certified, and authorized may use these intermediate weapons.

🚨 Court officers who utilize any type of physical force, shall file an Unusual Occurrence Report (UF-101) 🚨 (Quiz)
- and describe the circumstances necessitating the use of physical force in the “Details” section of the UF-101 and check all boxes that apply in the “Physical Force Used” section.

Answer 2

7.10 Policy - Use of Force: (Cont.)

6. Excessive force will not be tolerated. Court Officers will NOT use chokeholds.
7. Any uniformed supervisors present shall direct and control the use of force activity.
   (Quiz) 🚨
8. If a person appears to be having difficulty breathing / demonstrating life-threatening symptoms, immediately request medical assistance.
9. The use of restraints to “hog tie” subjects and the transportation of subjects in face down position is prohibited.

Question 3

D. Deadly Physical Force: 🚨

1. DPF may be used when there is REASONABLE cause to believe the use of such force is necessary to protect oneself or another person from the use or imminent use of deadly physical force. **
   (Quiz) 🚨

a. Where feasible and consistent with personal safety, warning “Police Don’t Move” . **
(Quiz) 🚨

Answer 3

2. A firearm shall not be discharged:

a. Unless failure to use DPF is likely to result in (DPF) serious physical injury or death to the officer or another.

b. At an unarmed fleeing felon / escaping prisoner, unless the officer’s life or the life of another person is in danger.

c. As a warning shot. A warning of some type (other than a shot) should be given.

d. As a means of summoning assistance.

e. From or at a moving vehicle unless the occupants are using DPF against CO or another by means other than the vehicle.**
(Quiz) 🚨

f. At dogs/animals, unless an immediate risk of physical injury exists and no other means to control the animal or escape injury.

g. In defense of property.

3. Court officers MUST not cock the revolver and MUST be fired double action.

Question 4

7.20 Batons:

A. The use of a baton:
- Constitutes PF under NY Penal Law (Article 35)

• MUST be considered to be an incremental
  step in the PFC used only when REASONABLY believed necessary for:

1. Effecting an arrest of a resisting subject or preventing escape from custody.
2. Defense of self or another from the use
   or imminent use of PF.

Answer 4

7.20 Batons: (Cont.)

B. The Chief of Public Safety shall designate the type(s) of batons authorized for
use and the posts they are allowed. **
(Quiz) 🚨

C. 🚨ONLY uniformed supervisors and court officers who are TRAINED by the UCS, and have CURRENT certification AND authorized by Chief of Public Safety to carry and use batons, may carry on duty. **

🚨 Authorized Batons:

1. Monadnock SX 24 (No Grip)
2. Monadnock MX 24 (Grip)
3. Monadnock Autolock X3 (Compact)

Question 5

7.30 Pepper Spray Devices:

A. The use Oleoresin Capsicum (O.C.) pepper spray: **
- Constitutes PF under NY Penal Law (Article 35) 🚨
- Shelf life 5 years

• MAY be used when an officer reasonably believes it is necessary to effect an arrest of a resisting subject, for self-defense or defense of another from unlawful force, or to take a resisting EDP into custody.

Answer 5

7.30 Pepper Spray Devices: (Cont.)

2. Only uniformed supervisors and court officers who are authorized to carry by Chief of Public Safety to carry and use O.C. Pepper Spray, may carry on / off duty.🚨 **

They MUST be TRAINED by the UCS, and have CURRENT certification.

3. May be used where physical presence and/or verbal commands have not been, or would not be, effective in overcoming physical resistance.

Question 6

7.30 Pepper Spray Devices: (Cont.)

7. Avoid discharging pepper spray indiscriminately over a large area for disorder control.
8. Techniques to use when practical to attempt to descalate the situation for all persons involved:

a. Act and speak in a calm deliberate manner;

b. Maintain a safe distance from the subject;

Answer 6

7.30 Pepper Spray Devices: (Cont.)

c. Listen to the subject and request their cooperation;

d. Explain the consequences (e.g., additional charges) to the subject’s they do not cooperate; possible behavior if they do not cooperate;

e. Request assistance of higher-level supervisors and additional officers, if available.

Question 7

7.30 Pepper Spray Devices: (Cont.)

11. Once pepper spray is used, arrest the criminal suspect on whom it was used and charge the suspect with the crime that initiated the use of the pepper spray. **
    (Quiz) 🚨
12. Request the response of Emergency Medical Service (E.M.S.) once the situation is under control. Advise person sprayed E.M.S. is responding. ** (Quiz) 🚨
13. Remove the subject from the contaminated area and expose to fresh air
    while awaiting the arrival of E.M.S., or transportation to hospital/police facility. **
    (Quiz) 🚨

Answer 7

7.30 Pepper Spray Devices: (Cont.)

14. Position subject on their side or in a sitting position to promote free breathing.

15.Provide assistance to subject as follows:

a. When safe, and provided a source of water is readily available, the officer should flush the contaminated skin area of subject with profuse amounts of water.

b. Repeat flushing at short intervals, if necessary, until symptoms of distress subside or as needed.

d. Commence the flushing of a subject’s contaminated skin upon arrival at the police facility, if this has not already been done.

Question 8

7.30 Pepper Spray Devices: (Cont.)

16. Prepare Unusual Occurrence (UF-101) and/or Aided report(s) as circumstances dictate. ** (Quiz) 🚨

Oleoresin Capsicum (O.C.):
* Civilian Carry - NYS PL 260.20 *
- 18 years or older
- Not previously convicted of Felony or Assault in NY or outside of NY.
- OC Must conform to NYS Dept. of Health regulations

Answer 8

Oleoresin Capsicum (O.C.):

• Inflammatory Agent
• Constitutues PF (NYS PL - Article 35)
• Non-toxic / Strong Spicy Odor
• 1.0 - 10% formulations
• Effective 3 - 12 feet
• Closer than 3 ft. may cause injury to soft tissue in eyes. (Hydraulic Needle Effect)🚨**
• Break snap, agitate, 2 hands supported and announce “PEPPER!”

Question 9

Oleoresin Capsicum: Decontamination

• Remove subject from area
• Position on side or sitting
  (Free breathing / never face down)

Answer 9

Oleoresin Capsicum: Decontamination

Priority:
1. Self and other officers
2. Other court staff
3. Affected Civilians
4. Arrested person(s)

Question 10

Deadly Physical Force (Article 35 Penal Law)

A peace officer / police officer may use DPF when he/she REASONABLY believes it is necessary:

1. To prevent or terminate: (DR. BARKS)🚨

• What he or she REASONABLY believes to be the use or imminent use of:

➡️D eadly physical force from being used against the officer or another

• What he or she reasonably believes is the commission of or attempt to commit:

➡️R obbery (NY Penal Law 160.00-Forcible)
➡️B urglary (in dwelling/occupied building)
➡️A rson
➡️R ape (forcible only)
➡️K idnapping
➡️S exual act (Crim. Sexual Act - Forcible)

Answer 10

Deadly Physical Force (Article 35 Penal Law)

2. To effect an arrest or to prevent the escape from custody of a person who he or she reasonably believes: (BAKE)🚨

• Committed or attempted to commit:

➡️B urglary (NY Penal Law 140.00)
➡️A rson
➡️K idnapping
➡️E scape in the first degree

and the officer reasonably believes that the person used, attempted to use or threatened the imminent use of DPF in the process of committing or attempting to commit such offense.

• Committed or attempted to commit:

Any felony, and resists arrest or attempts to escape from custody, and is ARMED with a FIREARM or DEADLY WEAPON.

Question 11

🚨TENNESSEE V. GARNER:

THE UNITED STATES SUPREME COURT DECISION IN TENNESSEE V. GARNER
PROHIBITS DEADLY PHYSICAL FORCE FROM BEING USED TO EFFECT THE ARREST OR PREVENT THE ESCAPE FROM CUSTODY OF A FLEEING FELON WHO IS UNARMED AND NOT DANGEROUS. THE DECISION IS BINDING ON ALL LAW ENFORCEMENT PERSONNEL THROUGHOUT THE UNITED STATES. **

Answer 11

🚨 Use of Force 7.00:

The phrases:

• REASONABLE CAUSE TO BELIEVE
• REASONABLY BELIEVES
  are mentioned five times.

In the Article 35 card, the term REASONABLY BELIEVES is used five times.