UOF Flashcards
What kind of force are members authorized to use according to UOF-01 use of force?
Members are authorized to use only the force which is Objectively reasonable to:
- Effect the lawful arrest or detention of a person
- Prevent escape from custody of a person
- And to prevent imminent harm, the amount of force used is proportionate to the threat of imminent harm.
-to defend yourself
When shall a member use deadly force?
- De-escalation Tactics have been attempted and failed, or such tactics are not feasible based on the totality of the circumstances and
- Such force is necessary to prevent harm, and the amount of force used is proportional to the threat of imminent harm.
What is the definition of force?
Amount of Physical effort’s however slight to compel compliance to an unwilling individual.
What does force include for U0F – 01 Use of Force?
Pointing:
-Firearm (Ready position is not force)
-Taser
- use of OC spray is force (Just pointing OC is not force)
- Any touching of unwilling suspect
* Physically, escorting or handcuffing an individual with minimal or no resistance, does not constitute a use of force*
What is the definition of deadly force?
-Expected to cause death or serious physical injury.
-The actions of the person has to be current and active at the time of the threat.
-It can’t be in 20 minutes later and then you decide to do it.
-can’t be used against a person who wants to only self harm.
What is prohibited use of force?
- Chokeholds
- ketteling a crowd
What type of force is restricted?
-Use of ECW
-Use of rubber bullets
-Use of K-9 to influence the crowd, except during explosives detection pursuit of a building, and shortly behind a line of contact.
Pressure to:
Chest
Neck
Spine
Pressure except cuffing then you can get in the Seated position.
What are things you need to know about shooting of a motor vehicle?
- Don’t do it
- move/Get out of the way
- Don’t put yourself in a bad position
- It has to be more than the motor vehicle itself in order to shoot
- Eminent threat
- Can’t fire to disable the motor vehicle. If you were shooting you must aim for the driver.
What kind of force do you use for passive resistance?
- Minimal force
- Or you could use no force and apply for a complaint if you know who they are
What kind of force is used at a demonstration?
Restrictive items such as:
ECW
Rubber bullets
K-9 to influence the crowd
Chemical weapons other than OC spray
What happens if used any of the restrictive items at a demonstration?
You need to file a separate post report explaining why you needed to use the restricted items.
What is not considered force?
- Escorting
- Handcuffing as long as you don’t apply pain
What should you do if a person being arrested complains of pain or is visibly injured
When’s safe in tactically feasible Members should provide medical response to the individuals or showing signs, complaining, of injury or illness following a use of force.
What’s the definition of an actively resistant individual?
-Any Body movement
-Person who uses physical strength and or body movement to resist a Department member.
Examples of active resistance includes: pulling, turning, or walking away from an officer.
What’s the definition of aggravated assault of individual?
**Serious bodily harm or death. **
-An individual who engages in conduct is likely to cause death or serious bodily harm to Department member or another
What’s the definition of assaultive individual?
**Bodily harm. Potential Injury. **
-An individual who attempts to Injured Department member or other person or engages in conduct that has potential to injure same.
What is a commission?
The Massachusetts Peace Officer Standards and Training (POST) Commission as established and MGL chapter 6E section 2.
What’s the definition of a compliant individual?
Fully cooperative
What are de-escalation techniques?
Proactive approached to stabilize a situation so there’s more time, options, and resources available to gain voluntary compliance and reduce or eliminate the need for force. These approaches may include but not limited to:
- Verbal persuasion
- Warnings
- Slowing down the pace of an incident
- Waiting out an individual
- Creating distance
- **Issuing a summons*
- And for medical or mental health crisis request additional resources such as medical or mental health professionals defined an MGL chapter 111 section 51 1/2 a.
What is the new definition of less than lethal force?
-Any physical force other than deadly force to control, restrain, or overcome the resistance of another.
What is a passively resistant individual?
-Non-violent and uncooperative individual
-but does nothing but deadweight. Does not use physical force strength or body movement to resist. Refusal to move for this you would use the minimum amount of force necessary to get that person to move.
List what use of force reportable incidents are, and what shall it include?
- Pointing a fire arm or a Electronic controlled weapon (ECW)
- Application of force through the use of deadly force or less than lethal weapons
- On-duty discharge of any weapons outside of a training range
- Off duty discharge of weapon outside of a training range
- ECW activation, drive stun and or probe, on or off duty
- Compliance or striking techniques
- Use of OC spray
- Use of force which actually caused or is reported to have cause injury or death to another
What is a sensitive population group?
Include includes those who reasonably appear to be or known to be children, elderly, medically infirm, pregnant, or users of cardiac peacemakers.
What’s the definition of serious bodily injury?
Injury that results in or involves a substantial risk of death,
-permanent Disfigurement,
-or extended loss or impairment of function of a body part or Organ.
What are the de-escalation mandates?
Members shall not use force upon another individual unless:
- De-escalation tactics have been attempted and failed or not feasible ( or realistic) based on the totality of the circumstances in such force is necessary and proportionate to:
- Effect the lawful arrest or detention
- Prevent escape from custody
- Prevent imminent harm and the amount of force used is proportionate to the threat of the imminent harm while protecting the safety of members or others
- Defend against an individual who initiates forced against a member
-Provided that a law-enforcement officer may use necessary, proportionate, and non-deadly force and accordance with the regulations promulgated jointly by POST Commission and Municipal police training committee
What do they mean when they say if the amount of force used is proportionate?
Proportionate means balanced. Proportionate is your use of force continuum. The use of force continuum shows you how you can constantly change use of force by reacting to the individual being arrested.
What do you do for a compliant subject ( fully cooperative)?
Verbal commands
In the UOF continuum if the subject is passively resistant ( non-violent but uncooperative) and what may the response be?
- Verbal commands
- contact control techniques
What do you do with an actively resistant ( moving my body) individual ?
- Verbal commands
- Contact control techniques
- Compliance techniques
- Distraction techniques
- OC spray
- Laser activation of ECW
- Spark display of ECW
- Drive stun of ECW
BUT NO STRIKING TECHNIQUES
If the subject is assaultive bodily harm (injury potential) than the response may include what?
- All of the above responses as well as
- Striking techniques
- Probe deployment of ECW
- Any other department approved less than lethal force
If the subject is aggravated assault of serious bodily harm or death what is your response?
All of the above responses and deadly force.
What is used in contact control techniques?
Touch techniques, carrying and guiding not designed to produce pain complaints. No pain
When may a member not discharge their firearm?
Never as a warning! ever!
What will happen to a member whose actions or use of force is an official capacity result in death or serious bodily injury?
They shall be relieved from duty temporarily. Placed on administrative leave in accordance with article 6. A duty status board shall be convene to review the actions of the member and recommend the appropriate duty status.
UOF-02 What is the FIRST team When it applies to use of force investigations?
- They are called upon if there’s an incident resulting in the use of deadly force. The communication section shall notify:
- The DIS Commander
- The SPDU commander of jurisdiction
- The DIS commander or designee shall Dispatch FIRST.
Who takes a weapon at a use of force incident from a member?
The first responding supervisor will take firearm and all magazines.
-They will transfer custody to the firearms identification section.
-Assist FIS and Crime Scene will process evidence.
In a use the force incident Resulting in death or serious, bodily injury, the member involved shall do the following ?
Member shall:
Surrender use the force equipment to a department supervisor ONLY.
-Absent injury, incapacitation, or other existent circumstances submit a detailed written report no less than 24 hours, no more than 48 hours after the incident, or submit to an interview by a commissioned officer, involved in the investigation, in lieu of a writing a report, subject to all rights under the CBA, and
- Submit a SP376 use of force report Assigned DIS investigator, within 24 hours of the incident.
-Submit to a follow up interview if necessary, and
-Be allowed to contact a union representative, if desired
How long is a member on temporarily relieved from duty after a use the force incident?
- Members placed on administrative leave with pay in accordance with article 6. Placed on leave for up to five workdays.
What does UOF-03 have to deal with?
Use of force reporting.
UOF-03 What is a Policy of the State Police for use of force reporting?
- All incidents involving Use of Force shall be documented
- Member shall adhere to duty to intervene and report mandates of general order UOF – 01
- The department shall report to the national use of force data collection database when actions by a member resulted in death or serious bodily injury of an individual, or when a member in the absence of death or serious bodily injury discharges a firearm at or in the direction of an individual. This part is new.
What are the forms a member needs to submit after the use of force?
- Must submit a SP376 use of force report
- SP 12 or To/From within 24 hours of the incident, absent any injury incapacitation or circumstances with approval from their division commander and
-TASER X2 ensure that station/unit commander or designee are provided access to ECW for downloading purposes
-TASER 7 place the battery on a dock within 24 hours of a reportable incident and ensure that data uploaded is complete
What is new to the use of force reporting for a member who makes and untruthful statement?
A member who knowingly makes an untruthful statement concerning a material fact or knowingly omits material fact from the use of force report may be subject to decertification by the commission.
Where are the forms for use of force submitted after the member fill them out?
- Submit them to the supervisor and reviews them. Supervisor then forwards all reports to the Division Commander
- Station/unit commander ensures that the ECW data is downloaded and the data is consistent with report submitted by involve members
- The division commander shall forward a copy of all reports to the Division of Standards and Training and
- Forward a copy of all reports to the Use of Force Review Committee.
- And DST Commander may provide a copy of each report involves the discharge of a firearm to the Director of firearms training.
What are the three classifications of weapon discharge?
- Intentional- deliberate discharge
- Unintentional: when a member does in fact depress the trigger and causes a firearm to discharge without consciously or deliberately wanting to do so
- Accidental: mechanical flaw, shortcoming, or breakdown of a firearm caused by excessive where corrosion or mechanical design or breaking breaking apart which would allow the weapon to discharge without the shooter depressing the trigger
What does UOF – 04 what does that have to deal with?
Use of force equipment
UOF-04 Who approves all UOF equipment for the state police?
The Colonel Only
In UOF – 01 what is the definition of objectively reasonable?
This comes from the case of Graham versus Connor 1989
This term means in determining the necessity for appropriate level of force offices, shall evaluate each situation in the light of known circumstances, including, but not limited to seriousness of the crime, level of threat or resistance, danger to the officer, subject, or community. The reason of the use of force must be judged from the perspective of a reasonable officer on scene rather than 2020 vision of hindsight later.
And UOF-01 what is the definition of an officer involved injury or death?
Any event during which an officer
-discharges, a firearm
-discharges, a stun gun
-Uses a chokehold
-Discharges, teargas or other chemical weapons
-Discharges, rubber pellets
-deploy a dog
-Uses deadly force
-fails to intervene to prevent excessive force by another officer
-engages in a physical altercation with a person who sustained serious bodily injury or receives medical care as a result
UOF-01 what do you need to know about duty to intervene and report?
If a member observes another officer using, or attempting to use physical force, including deadly force beyond that which is necessary or objectively, reasonable based on the totality of the circumstances, they shall intervene to prevent the use of unnecessary or unreasonable force, regardless of the rank of the officer observed, unless intervening would result an imminent harm to the member or another individual.
And UOF-01 What do you know about failure to intervene?
If a member fails to intervene, they may be subject to disciplinary action, civil liability, and or criminal prosecution. 550 CMR 6.06.
What could happen for a member who fails to intervene regarding The Commission?
The Commission shall after a hearing, revoke an office’s certification, if the commission finds by clear and convincing evidence that the officer failed to intervene, or attempt to intervene, or to prevent another officer from engaging in prohibited, conduct or behavior, including, but not limited to excessive or prohibited, force, and violation of MGL chapter 6E 15
-or the commission may after a hearing, order retraining for any officer if the commission finds substantial evidence that a law-enforcement officer fails to intervene to prevent another law-enforcement officer from engaging in prohibited, conduct or behavior, except a failure to intervene in contact that mandates revocation pursuant to this subsection.
What do you need to know if you have to report abuse by a law-enforcement personnel?
Reports of abuse included, but not limited to law-enforcement officers shall be made without fear of retaliation or actual retaliation. 550 CMR 6.07(6)
What happens if you report abuse and you’re harassed intimidated or retaliated against by a law-enforcement officer?
Any harassment, intimidation, or retaliation shall be reported immediately to an appropriate supervisor and will not be tolerated. Any such actions may result in the decertification by the commission.
What is prohibited against an employee who reports a use of force issue?
Retaliation is prohibited for providing information to post or testifying in any post proceeding, resulting in firing of an employee, change to their official rank, denial of promotion, or take any adverse action to said employee or threatening to take action for providing information.
UOF-01 what is the reporting procedure for duty to intervene?
Observing member needs to report immediately to A Duty supervisor not involved as soon as a reasonably possible, but not later than the end of the members shift.
-The reporting shall be documented in the daily administrative journal to include name of the supervisor initial report was made,
-within 24 hours of the initial report submit to the supervisor whom the initial report was made a detailed written report describing the incident consistent with the uniform reporting protocols.
UOF-01 what is the supervisors responsibility for reporting duty to intervene?
Notify the Troop duty officer of jurisdiction of the report
-conduct a preliminary investigation gathering the facts and information required
-prepared, detailed written report, documenting the members report, steps taken by the supervisor upon receipt of the members report and subsequent investigative actions
-Add members report to supervisors report
-Submit their findings within 24 hours to the Troop section commander in a written report
What is Troop duty officer’s responsibility for duty to intervene reporting procedures?
-assign a supervisor if the supervisor, who reported it invest did not investigate
-document the initial report in the Troop HQ DAJ
-Notify Troop/Section commander of the initial report upon receipt
What is the Troop commanders responsibility for duty to intervene reporting procedures?
Notify their Division Commander and Division Commander of DST upon receipt of initial report notification
What is the Division Commanders duty to intervene Reporting procedure responsibilities?
Initiate the investigation in accordance to the department guidelines
How do you determine the level of force necessary in use of force responses?
Determining the level of force necessary may depend on resistant levels and circumstances. Factors in this decision include, but are not limited to:
-subject, age size, physical condition, skill level
-Subjects, drug and alcohol use
-Seriousness of the offense
-Weapons type proximity
-Exigent circumstances
-And number of potential assailants verse number of law-enforcement officers on the scene
UOF-01 what are compliance techniques?
Techniques authorized by the department to be used to achieve compliance and or control of an actively resistant or assault of subject. And exigent circumstances other compliance techniques may be used.
What is the definition of distraction techniques?
Techniques used to temporally break mental focus for actively resisting individual and create an opportunity for a member to apply compliance and control techniques. The difference between distraction techniques and striking is the intent to take the subjects focus off their chosen method of resistance, so the member can bring them under control. Unlike a striking striking technique, which is where the intent is to stop and assault. The intensity therefore is less than it would be with a striking technique. The intensity of distraction technique should be limited so as to not creat substantial trauma or lasting injury.
What is the difference between distraction to techniques and striking techniques in two words?
Intent and Intensity
In UOF – 01 when would you use OC spray?
In situations involving:
-assaultive subjects
-or actively resistant subjects when
-verbal commands have failed to bring compliance and
-subject has signal their intentions to actively resist.
In UOF-01 when should OC spray not be used?
Shall not be used on passive resistors who offered NO physical resistance.
In UOF-01 what are striking techniques?
Striking techniques may be used on assaultive subject to achieve compliance and or control. These techniques may include the use of baton, flashlight, as well as hands feet, elbows or knees. As well as other instrumentalities may use like weapons of opportunity in exigent circumstances.
In UOF-01 may a member use deadly force to prevent an escape?
It is authorized when you have probable cause to believe that:
-a felony has happened
-member believes a force employed creates no substantial risk to the innocent persons and either:
-substantial risk that the individual may or will cause death or serious bodily harm or serious physical injuries if the suspects apprehension is delayed. If feasible clear, verbal warning should be given.
When may a member discharge a firearm?
Lawful performance of duties
-on or off duty training at a range
-rendering harmless an animal that represents his threat to public safety or is seriously injured and suffering
When shall a member NEVER discharge a firearm?
Never as a warning
What do you need to know about discharging a firearm at a moving vehicle?
-First course of action should be to remove yourself from the path of a moving vehicle
-Understand and consider that bullets fired and moving vehicle unlikely to or disabled the motor
-Bullets may the intended and ricochet, causing harm to others or
-Bullets, disabled operator vehicle may still crash cause injury, or
When shall a member not discharge a firearm at a vehicle?
-to merely disable a fleeing vehicle
-At into or from a moving vehicle, unless based on the totality of their circumstances, including the risk of safety, to other persons, such discharge is objectively, reasonable, and necessary to prevent imminent harm only if the following happens:
-An individual in the vehicle is threatening the member or another person with deadly force or vehicle operated in a manner deliberately intended to strike a member or another person
-Members have intentionally positioned themselves in such a way likelihood of being struck
-Member is not discharging the firearm strictly to disable the vehicle
-Circumstances provide a high probability or intended.
-
What is the ready position with a firearm?
When the member reasonably believes that there’s potential threat of series bodily harm or serious physical injury or death firearms may be placed at the ready position:
-Trigger finger along the side of the frame, except when ready to engage
-And pointing in the safe direction below the line of sight as to not impede the member vision
