Policy 6/002.00 Use Of Force Flashcards
Use of Force:
The LVMPD is committed to protecting people, their property and rights, while providing the best in public safety and service. The proper use of force is essential for policing.
There are circumstances were individuals will not comply with the law unless compelled or controlled by the use of force. Yet, officers must also remain mindful that they derive their authority from the community and that unreasonable force degrades the legitimacy of that authority.
In a use of force incident, the governmental interest must match the level of force and intrusion upon an individual’s Constitutional Rights.
True or False?
True.
Use of Force:
It is the policy of this department that officers hold the highest regard for the dignity and liberty of all persons, and place minimal reliance upon the use of force.
The department respects the value of every human life and that the application of deadly force is a measure to be employed in the most extreme circumstances.
True or False?
True.
Use of Force:
The ECD Touch Stun is defined as a secondary function of the ECD intended to administer pain to a subject by making direct contact with the body after the air cartridge has been expended or removed.
NOTE: The use of the ECD in this mode is _________.
Discouraged.
Use of Force:
Force Transitions is defined as:
The movement, escalation/de-escalation, from the application of one force type to another in conjunction with the “objectively reasonable” standard from Graham v. Connor.
The officer must consider all the factors prior to using force and choose a reasonable option based on the “totality of the circumstances” present.
Use of Force:
Low Level Force is defined as:
Low Level Force is the level of force that is necessary to interact with the subject that is compliant or displaying passive or active resistance.
Use of Force:
Intermediate Force is defined as:
The level of force necessary to compel compliance by a subject displaying Aggressive Resistance, which is neither likely nor intended to cause death.
Use of Force:
Deadly force is defined as:
Deadly Force is that degree of force, which is likely to produce death or serious bodily injury. Deadly force can also result from a force option being improperly applied. Deadly force is not limited to the use of firearms.
Use of Force:
Levels of Control is defined as:
Levels of Control are broad categories of influence and or force in identifiable, escalating stages of intensity. They are identified as Low Level Force, Intermediate Force, and Deadly Force.
Use of Force:
Reasonable Force is defined as:
Reasonable force is an objective standard of force viewed from the perspective of a reasonable officer, without the benefit of 20/20 hindsight, and based on the totality of the circumstances presented at the time of the incident.
Use of Force:
Reportable Force is defined as:
Reportable force is any use of force which is required to overcome subject resistance to gain compliance that results in death, injury or complaint of injury, complaint of continuing pain, or any use of force greater than Low Level Force and any application of the LVNR.
Use of Force:
Significant Force is defined as:
Any force which results in treatment at a medical facility due to injuries or alleged injuries caused by an officer. Examples include, but are not limited to: skeletal fractures, injury or complaint of injury to a person’s head or sternum area. All Significant Force is Reportable Force.
Use of Force to Affect a Detention, an Arrest or to Conduct a Search:
Officers may use reasonable force to:
- To protect themselves.
- To Protect others.
- To affect a lawful detention.
- To affect a lawful arrest.
- To conduct a lawful search.
If it is not already known by the subject to be detained, arrested, or searched, officers should, if reasonable, make clear their intent to detain, arrest or search the subject.
When practicable, officers will identify themselves as a peace officer before using force.
Use of Force:
Under the Fourth Amendment of the United States Constitution a police officer may only use such force as is ______ _______ under all of the circumstances.
Objectively Reasonable
Use of Force:
The standard that courts will use to examine whether a use of force is constitutional was first set forth in _______ vs _______.
Graham vs Connor, 490 U.S. 386 (1989).
Use of Force:
The reasonableness of a particular use of force must be judged from the perspective of a reasonable officer on the scene, rather than with 20/20 vision of hindsight.
The reasonableness must account for the fact that officers are often forced to make split-second judgments – in circumstances that are tense, uncertain, and rapidly evolving.
True or False?
True.
Use of Force:
The reasonableness inquiry in reviewing use of force is an objective one: the question is whether the officer’s actions are objectively reasonable in light of the facts and circumstances confronting them.
The officer’s perception may be a consideration, but other objective factors will determine the reasonableness of force. These factors may include but are not limited to:
- The severity of the crimes at issue.
- Whether the subject possess an immediate threat to the safety of the other officers or others.
- Whether the subject is actively resisting arrest or attempting to evade arrest by flight.
- The influence of drugs/alcohol or the mental capacity of the subject.
- The time available to an officer to make a decision.
- The availability of officers/resources to de-escalate the situation.
- The proximity or access of weapons to the subject.
- The environmental factors and/or other exigent circumstances.
Use of Force:
The officer will use a level of force that is necessary and within the range of “objectively reasonable” options.
When use of force is needed, officers will assess each incident to determine, based on policy, training and experience, which use of force option will de-escalate the situation and bring it under control in a safe and prudent manner.
Reasonable and sound judgment will dictate the force option to be employed. Therefore, the department examines all use of force from an objective standard rather than a subjective standard.
True or False?
True.
Duty to Intervene:
Any officer present and observing another officer using force that is clearly beyond that which is objectively reasonable under the circumstances shall, when in a position to do so, safely intercede to prevent the use of such excessive force. Officers shall promptly report these observations to a supervisor.
True or False?
True.
Levels of Resistance:
Name the 5 Levels of Resistance?
- Compliant - a person contacted by an officer who acknowledges direction or lawful orders given and offers no passive/active, aggressive, or aggravated aggressive resistance.
- Passive Resistance - The subject is not complying with an officer’s commands and is uncooperative, but is taken only minimal physical action to prevent an officer from placing the subject in custody and taking control. Examples include: Standing stationary and not moving upon lawful direction, falling limply and refusing to use their own power to move (becoming deadweight), holding onto a fixed object, or locking arms to another during a protest or demonstration.
- Active Resistance - The subject’s verbal or physical actions are intended to prevent an officer from placing the subject in custody and taking control, but are not directed at harming the officer. Examples include: walking or running away, breaking the officers grip.
- Aggressive Resistance - The subject displays the intent to harm the officer, themselves or another person and prevent an officer from placing the subject in custody and taking control. The aggression may manifest itself through a subject taking a fighting stance, punching, kicking, striking, attacks with weapons or other actions which present an imminent threat of physical harm to the officer or another.
- Aggravated Aggressive Resistance - The subject’s actions are likely to result in death or serious bodily harm to the officer, themselves or another. These actions may include a firearm, use of blunt or bladed weapon, and extreme physical force.
Levels of Control:
Name the 3 Levels of Control?
- Low Level Force.
- Intermediate Force.
- Deadly Force.
Levels of Control:
Low Level Force - The level of control necessary to interact with a subject that is compliant or displaying Passive or Active Resistance. This level of force is not intended to and has a low probability of causing injury.
Examples are handcuffing a complaint arrestee for transport to detention facility or proning a suspect out on my high-risk vehicle stop.
This level of force includes:
- Office Presence.
- Verbal Communication.
- Empty Hand Tactics (Takedowns).
- Handcuffs/Other LVMPD Approved Restraint Devices.
- Baton (As escort tool).
- LVNR (Level 1 - minimum restraint).
- K-9 (No bites).
- Pinching.
- Blocking.
Levels of Control:
Intermediate Force - The level of force necessary to compel compliance by subject displaying Aggressive Resistance, which is neither likely nor intended to cause death.
This level of force requires a Use of Force Report and includes:
- Empty Hand Tactics (Takedowns with injury, strikes, kicks).
- Baton/Impact Weapons (Jabs, Strikes).
- LVNR (Level 2 - medium restraint; and 3-maximum restraint).
- OC Spray.
- ECD.
- Low Lethality Shotgun (5 yards or greater)
- K-9 (with bites).
- P.I.T. (Speeds 40 mph or below).
Levels of Control:
Deadly Force - Deadly force is that degree of force, which is likely to produce death or serious bodily injury. Deadly force can also result from a force option being improperly applied. Deadly force is not limited to the use of firearms.
Deadly Force Includes:
- Baton (Striking head, neck, sternum, spine, groin or kidneys).
- Low Lethality Shotgun (Fired at a distance less than 5 yards).
- P.I.T. (More than 40 mph).
- Ramming.
- Firearm Use.
Parameters for Use of Deadly Force:
An officer may use deadly force upon another person only when it is objectively reasonable to:
- Protect himself or others from what is reasonably believed to be an imminent threat of death or serious bodily injury.
- Prevent the escape of a fleeing felon who the officer has probable cause to believe has committed a violent felony crime and is an imminent threat to human life if escape should occur.
Deadly Force:
Officers will give some warning, if feasible, prior to the use of deadly force.
True or False?
True.
Elements of Deadly Force:
What are the 4 Elements of Deadly Force?
- Ability - Ability exists when a person has the means or capability to cause grave injury, serious bodily harm or death to an officer or another. This may include, but is not limited to the following: the suspects physical ability, size, age, strength, gender, combative skill, level of aggression, and any weapons in the immediate control.
- Opportunity - Opportunity exists when a person is in a position to effectively resist an officer’s control or to use force or violence upon the officer or another. Examples which may affect opportunity include: relative distance to the officer or others, and physical barriers between the subject and the officer.
- Imminent Jeopardy - Based upon all the facts and a circumstance confronting the officer, the officer reasonably believes the subject poses an imminent threat to the life of the officers or other third parties and the officer must act immediately to prevent death or serious bodily injury.
- Preclusion - All other lesser alternatives have been reasonably considered and exhausted prior to the use of deadly force, to include disengagement. Deadly force in response to the subject’s actions must remain reasonable while based upon the totality of the circumstances known to the officer at the time force was applied.
De-Escalation:
Officers shall perform their work in a manner that avoids unduly jeopardizing their own safety or the safety of others through poor tactical decisions.
True or False?
True.
De-Escalation:
When reasonable under the totality of circumstances, officers should gather information about the incident, assess the risks, assemble resources, attempt to slow momentum, and communicate and coordinate a response.
True or False?
True.
De-Escalation:
In their interaction with subjects, officers should use advisements, warnings, verbal persuasion, and other tactics and alternatives to higher levels of force.
True or False?
True.
De-Escalation:
Officers should recognize that they may withdraw to a position that is tactically more secure or allows them greater distance in order to consider or deploy a greater variety of Force Options.
True or False?
True.
De-Escalation:
The prospect of a favorable outcome is often enhanced when supervisors become involved in the management of an overall response to potential violent encounters by coordinating resources and officers’ tactical actions.
True or False?
True.
De-Escalation:
Supervisors should possess a good knowledge of tactics and ensure that officers under their supervision perform to a standard.
True or False?
True.
De-Escalation:
As a good practice, supervisors will acknowledge and respond to incidents in a timely manner where police use of force is probable.
True or False?
True.
Authorized Force Tools, Techniques and Equipment:
With minimal exception, only department-approved weapons and training techniques shall be used.
Uniformed officers will carry ALL tools and equipment required by policies of this agency.
Officers should note that less lethal tools may result in a lethal outcome, or be ineffective even when used appropriately.
True or False?
True.
Authorized Force Tools, Techniques and Equipment:
Supervisors of commissioned personnel should ensure their subordinates complete their minimum required hours of training within the calendar year.
Officers completing an Academy during the calendar year are exempt from the minimum hour requirement. Defensive tactics proficiency testing will be required for the quarter following graduation from an Academy.
True or False?
True.
Authorized Force Tools, Techniques and Equipment:
If the member fails to demonstrate proficiency, the member and/or the members supervisor will contact the ______ ______ ______ as soon as practicable for assistance in formulating a remedial training program.
Organizational Development Bureau
Authorized Force Tools, Techniques and Equipment:
Presence and Verbal Communication:
Level of Control: low Level Force.
Approved Use:
Officers well, when and to the extent reasonably possible, attempt to use verbal communication skills to control subjects before resorting to physical control methods.
Authorized Force Tools, Techniques and Equipment:
Empty Hand Tactics:
Level of Control:
Low Level Force - (Takedowns not likely to cause injury), escorts.
Intermediate Level Force - Takedowns, strikes, kicking.
Deadly Force - Takedowns, strikes, kicking.
Approved Use:
- These tactics will be used only in accordance with policy and department training.
- Members should only use tactics appropriate to the situation which have been taught by department Defensive Tactics instructor.
Post Use of Force procedures:
Any incident where a subject is injured or complains of injury, or involves strikes, punches or kicks is reportable by completing a Use of Force Report in Blue Team.
Authorized Force Tools, Techniques and Equipment:
Handcuffs, flexible handcuffs, or other restraint devices:
Level of Control: Low Level Force.
Approved Use:
- This tool will be used only in accordance with policy and department training.
- In an attempt to minimize the risk of injury to officers and others during arrest situations, officers will handcuff all persons arrested as soon as possible.
- During investigative detentions (“Terry stops”) were one or more of the following fax is present:
a. Articulable facts that the subject is physically uncooperative.
b. Articulable facts that a subject’s actions at the scene may present physical danger to themselves or others if not restrained.
c. Reasonable possibility of flight based on the action of the subject.
d. Information that the subject is currently armed.
e. The stop closely follows a violent crime and the subject matches specific parts of the description.
f. When there are articulable facts that a crime of violence is about to occur.
g. Care and discretion should be used at extremes of age in handcuffing an individual during an investigative detention.
h. The authority to handcuffed during investigatory stops continues for only as long as the circumstances of both exist. Investigative detentions cannot exceed 60 minutes pursuant to NRS 171.123. - Suicidal persons.
- During a search warrant service at:
a. A private residence as is reasonably necessary to execute the warrant in safety.
b. A commercial business open to the public if it reasonably appears that handcuffing is necessary to protect an officer or others from physical harm. Circumstances which may justify an initial handcuffing may change and eliminate continued justifications. - Detoxification clients being transported.
- By detention personnel moving in-custody subjects.
Disapproved Use:
- If medical circumstances make it unreasonable to handcuff an arrestee, officers will refrain from handcuffing.
- When responding to a security office where a subject has already been placed in handcuffs prior to arriving to the scene, officers shall not place LVMPD handcuffs on the subject until they have reasonable suspicion or probable cause based on their independent investigation and or findings.
Post Use of Force Procedures:
This is a Low Level Force option. Any incident where a subject is injured or complains of injury is reportable by completing a Use of Force Report in Blue Team.
Authorized Force Tools, Techniques and Equipment:
Officers will transport subject to the detention facility in a timely manner and booked.
Under no circumstances will a person under arrest be held in a transport vehicle longer than ____ ____ before being transported to the detention facility and book.
2 hours
Authorized Force Tools, Techniques and Equipment:
Baton/Impact Weapons:
Level of Control:
Low Level Force - When used as an escort tool.
Intermediate Force - When used for jabbing or striking.
Deadly Force - Striking suspects on the head, neck, sternum, spine, groin, or kidneys.
Approved and Disapproved use:
Approved Use:
- This tool will be used only in accordance with policy and department training.
- Blocking, jabbing, to apply control holds, or passive/active escort techniques (Example: stirring the pot).
Disapproved Use:
- A subject who poses no imminent threat will not be struck with a baton or impact tool.
- Officers are discouraged from using their firearm as an impact tool due to the possibility of an unintentional discharge.
- During non-deadly force incidents, officers will use reasonable care to avoid striking suspects on the head, neck, sternum, spine, groin, or kidneys, as the strikes may constitute deadly force.
- The use of instruments as a weapon for the purpose of striking or jabbing (i.e. flashlights, radio, etc.) other than department authorized batons, is strongly discouraged and acceptable only when other authorized force responses have been exhausted and are either unavailable or ineffective.
- Officers must be able to articulate a compelling need to use any other device or object other than an authorized baton as an impact weapon.
Post Use of Force Procedures:
Any use of the baton, other than for escort/control hold or “stirring the pot,” and any incident where a subject is injured or complains of injury is reportable.
Authorized Force Tools, Techniques and Equipment:
Oleoresin Capsicum Spray:
Level of Control:
Intermediate Force.
Deployment Requirement:
- When deploying, an officer will if practical, announce a warning to the subject and other officers of the intent to deploy the OC spray if the subject does not comply with your commands.
- Officer shall give the subject a reasonable opportunity to voluntarily comply.
Approved and Disapproved use:
Approved Use:
- OC spray will be used only in accordance with policy and department training.
- OC spray may be used when the subject is engaging or displays the intent to engage in aggressive resistive behavior which may cause injury.
- OC spray may be used on vicious or aggressive animals when those animals interfere with the safety of the officers or citizens.
- OC spray may only be used in a protest or demonstration situation when authorized by an Incident Commander in response to imminent threat of harm.
- Correction officers will follow their standard operating procedures regarding the use of OC spray.
Disapproved Use:
- Shall not be used on a subject inside a closed vehicle, unless an officer is attempting to secure an aggressive resistance suspect in a patrol vehicle. OC is not intended to be used to force extraction from an enclosed area, unless utilized in a detention facility.
- Shall not be used on passive resistance protesters.
- Shall not be used other than as an aerosol/stream.
- Shall not be used on a handcuffed subject unless the subject is displaying Aggressive Resistance.
Post Use of Force Procedures:
- An officer using OC spray will:
a. Request medical attention to the scene, as soon as possible, to wash and treat affected skin/eye area whenever a subject is directly exposed to OC spray in the facial area, or to treat any underlying condition that could be aggravated by the OC spray.
b. Inform detention personnel during the booking process of prisoner exposure to OC spray.
c. Take prisoner to the nurses station.
d. Use of this tool is reportable and will be reported by completing a Use of Force Report in Blue Team. - A civilian department member using OC spray on-duty will:
a. Request medical attention to the scene to wash and treat affected skin/eye area whenever a subject is directly exposed to OC spray in the facial area, or to treat any underlying condition that could be aggravated by the OC spray.
b. Request a field unit to respond and notify immediate supervisor.
c. Field unit personnel responding to civilian use of OC spray will: - Take appropriate enforcement action.
- Assist the civilian in completing the appropriate paperwork, including a Use of Force Report.
- Inform detention personnel during booking process of prisoner exposure to OC spray.
- Take prisoner to the medical section.
LVNR:
What are the three levels to applying the LVNR?
- Low Level Force LVNR - Level One - minimum restraint.
- Intermediate Force LVNR - Level Two - medium restraint.
- Intermediate Force LVNR - Level Three - maximum restraint.
LVNR:
What is the recertification requirements for officers certified in the LVNR?
An annual 4 hour recertification course.
LVNR:
Any officer requesting an exemption from LVNR training due to medical reasons must:
Obtain a medical exemption from their physician.
LVNR:
What is the approved use of the LVNR:
- This tool will be used only in accordance with policy and department training.
- The LVNR is a defensive tactic to quickly and safely stop active/aggressive resistance.
LVNR:
What is the disapproved use of the LVNR:
- Will not be used on subjects that have been exposed to OC spray or who are experiencing difficulty breathing.
- Officers will not use any other arm bar technique that involves a neck restraint.
LVNR:
What is the post Use of Force procedures:
- All uses of the LVNR will be reported by completing a Use of Force Report in Blue Team.
- The arresting or transporting officer will:
a. Notify his immediate supervisor when the LVNR is attempted or used.
b. Summon medical attention immediately when the subject is rendered unconscious, injured or claims injury as a result of the LVNR.
c. Transport prisoner to the appropriate detention facility.
d. Inform the detention facility on-duty supervisor that the LVNR has been applied earlier to the subject.
ECD:
Who must obtain ECD certification training?
All commissioned personnel at the rank of Lieutenant and below must obtain ECD certification training.
All Sergeants and below must carry the ECD when in an improved LVMPD uniform, excluding New Year’s Eve, 9/11 or any other special events as stated in the IAP for the event.
ECD:
What is the Level of Control for the ECD use?
Intermediate Force.
ECD:
How long can an ECD equipped with a video camera and audio recording device record for?
Up to 90 minutes.
ECD:
The ECD is a an NMI device that disrupts the body’s ability to communicate messages from the brain to the muscles thereby causing temporary NMI.
What does an NMI stand for?
Neuro-Muscular Incapacitation
ECD:
Once certified, officers must attend what kind of recertification training on the ECD?
An annual 4 hour recertification training.
ECD:
The battery display will be checked on the CID at the beginning of each shift.
A reading of what % or less will require the battery pack to be changed?
20% or less.
ECD:
The battery pack will not be removed from the ECD’s except when the reading is 20% or less or to conduct a data download.
True or False?
True.
ECD:
When must officers conduct a spark check, outside the public view, to ensure the ECD will function properly?
At the beginning of every shift.
ECD:
What are the ECD deployment requirements?
- When displaying an ECD, officers will give a warning, when practical, to the subject and other officers before firing the ECD.
- Officer shall give the subject a reasonable opportunity to voluntarily comply.
ECD:
What is the approved use of the ECD?
- This tool will be used only in accordance with policy and department training.
- The ECD is an Intermediate Level of Control and may be used when there is an imminent threat of physical harm.
ECD:
Officers are not authorized to draw or display the ECD except for?
Training and inspection, unless the circumstances create a reasonable belief that the use may be necessary.
ECD:
The ECD will be handled in the same manner as a firearm and will be secured prior to entering any detention facility.
True or False?
True.
ECD:
The intentional use of more than one ECD simultaneously on the same subject is prohibited.
True or False?
True.
ECD:
The ECD WILL NOT be used:
- When the officer knows a subject has come in contact with flammable liquids or is in a flammable atmosphere.
- When the subject is in a position where a fall may cause injury or death.
- Punitively for purposes of coercion or in an unjustified manner.
- To escort or jab individuals.
- To awaken unconscious or intoxicated individuals.
- When the subject is visibly pregnant, unless deadly force is the only other option.
- When the subject is in handcuffs or waste restraints.
- When a subject displays solely Passive or Active Resistance (i.e. peaceful protest, refusal to stand, non-aggressive verbal resistance, etc.).
- When a subject is fleeing as the sole justification for the use of the ECD.