Use Of Force 1 Flashcards
What is de-escalation?
An officer’s actions to slow down, stabilize, and resolve an incident as safely as possible by reducing danger through the use of verbal persuasion, tactics, resources, and transitioning through force options.
Under what circumstances may officers use force?
To protect themselves or others, overcome resistance, effect a lawful detention, lawful arrest, or conduct a lawful search.
What legal standards must officers comply with when using deadly force?
Nevada Revised Statutes (NRS) and the legal standards under Tennessee v. Garner (1985).
What circumstances allow for the use of deadly force?
- Protect themselves or others from an imminent threat of death or substantial bodily injury
- Prevent the escape of a fleeing felon who poses an imminent threat to human life.
What must officers do before using deadly force, if feasible?
Give a warning.
What is the standard for the level of force used by officers?
The level of force must be objectively reasonable to bring an incident or persons under control.
Graham v Connor +5
- Severity of the crime
- Whether the subject poses an immediate threat to the safety of 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 or resources (including the number of officers present at the time) to de-escalate the situation
- The proximity or access of weapons to the subject
- The environmental factors and/or other exigent circumstances
What actions should officers take when responding to an incident?
- Gather information about the incident
- Assess risks
- Assemble resources and equipment
- Attempt to slow momentum
- Communicate and coordinate a response.
What should supervisors ensure regarding officer tactics?
Supervisors should possess a thorough knowledge of tactics and ensure that officers perform to a standard in accordance with policy and training.
What is the role of supervisors in managing tactical responses?
Supervisors enhance outcomes by coordinating officers’ tactical actions and providing clear direction.
What should officers do if they observe another officer using unreasonable force?
Intercede to prevent the use of unreasonable force and report the observations to a supervisor.
Reporting officer will document unjustified or not objectively reasonable use of force in writing no later than 10 days
What should officers do if a subject shows signs of injury after the use of force?
Continuously monitor the subject and summon medical attention.
What are the signs of life that officers should monitor?
- Pulse
- Respiration
- Chest movement.
Levels of Resistance (UOF)
- Compliant
- Obstructive
- Assaultive
- Life Threatening.
What are the levels of control used by officers?
- Low Level Force
- Intermediate Force
- Deadly Force.
Elements of Deadly Force deadly force
- Ability
- Opportunity
- Imminent Jeopardy
- Preclusion.
What does the ‘Ability’ element refer to in the use of deadly force?
The means or capability to cause substantial bodily injury or death.
What does the ‘Opportunity’ element refer to in the use of deadly force?
The position to effectively resist an officer’s control or to use force upon the officer or others.
What is ‘Imminent Jeopardy’ in the context of deadly force?
The belief that the subject poses an imminent threat to life, necessitating immediate action.
What does ‘Preclusion’ mean regarding the use of deadly force?
Lesser alternatives have been reasonably considered and exhausted before the use of deadly force.
Under what circumstances may officers use a baton, ECD, or projectile weapon on a pregnant woman?
Unless the subject displays life threatening resistance.
When should officers refrain from using ECD?
On a handcuffed person.
When the officer knows a subject has come in contact with flammable liquids or substances.
On a fleeing subject (without other known factors). Mere flight from an officer cannot be the sole justification for use of the ECD.
On persons with known heart conditions.
The intentional use of more than one ECD simultaneously on the same subject is prohibited.
Is physical force allowed to stop a person from swallowing a substance?
No, officers will not use physical force solely for this purpose.
What should an officer use to stop or ward off an attack from a vicious dog?
A catchpole, OC spray, or ECD.
What is the primary purpose of drawing and handling a weapon in public?
To address a potential conflict or tactical situation.
What should officers do as soon as possible after arresting a person?
Handcuff all persons arrested.
What types of restraint devices are equivalent to handcuffs?
- Plastic ‘flex’ cuffs * Waist chains * Belly chains
Under what conditions can an officer not handcuff an arrestee?
If medical circumstances make it unreasonable.
What should be done with proned handcuffed subjects once it is safe?
They should be placed in a recovery or seated position.
Medical attention will be summoned for the following use of force applications, regardless of visible injury or complaint of injury:
Baton/Impact weapons – any strikes to the head, neck, chest, spine, kidneys, or groin area
Canine – all bites
Electronic control device (ECD) – probe strikes to the head, neck, chest, or groin area
Oleoresin capsicum (OC) spray – direct exposure to the facial area
Use of Force with a Projectile Weapon:
Low lethality shotgun – all strikes
40mm specialty impact weapon – all strikes
Handgun/Shotgun/Rifle – all strikes
Use of Force with a Vehicle:
Precision intervention technique (PIT)
Ramming – all
When should an officer check the tightness of handcuffs?
As soon as reasonably possible when a handcuffed subject complains they are too tight.
What areas should officers avoid striking during nondeadly force incidents?
- Head * Neck * Chest * Spine * Groin * Kidneys
Is OC spray allowed to be used on a handcuffed subject?
No, unless the subject is displaying assaultive resistance.
Where should OC spray not be used?
- On a driver of a vehicle * Inside a patrol vehicle
What is the preferred target area when deploying an ECD?
Lower center mass.
What is prohibited regarding the use of multiple ECDs?
Intentional use of more than one ECD simultaneously on the same subject.
What are the conditions under which the ECD will not be used?
- On a handcuffed person
- On a subject with flammable substances
- On a fleeing subject without other known factors
- On persons with known heart conditions
What is the target area for impact munitions?
Abdomen and large muscle groups of buttocks, thigh, and knees.
How many officers. Will be present when using projectile weapons?
- Minimum of two officers present *
Maintain readiness to transition to firearm in exigent circumstances.
When are officers authorized to fire their weapons?
To protect themselves or others from what is reasonably believed to be an imminent threat of death or substantial bodily injury.
To 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
What should officers do when the perceived deadly threat is no longer present?
Cease fire.
What are the conditions under which officers may discharge a firearm at a moving vehicle?
A person in the vehicle is an imminent deadly threat to officers or others by means other than the vehicle (such as an occupant firing a handgun at an officer).
The driver is using the vehicle as a weapon to inflict mass causalities (such as a truck driving through a crowd).
What is required before humanely euthanizing injured or dangerous animals?
Attempts must be made to request assistance from the responsible agency.
Under what circumstances may an officer deploy a rifle?
- Potential for deadly force or subject armed with a deadly weapon
- Distance and use of cover considerations
- Suspect is barricaded
- Pre-approved deployment
What should officers deploying rifles announce via radio?
The deployment of the rifle
whether accompanied by a cover officer
location of deployment
What tasks does the cover officer assist with during rifle deployment?
The cover officer assists with:
* Security
* Safety
* Going hands-on
* Radio communication
* Verbal communication
What must Dispatch do when a rifle is deployed?
Re-broadcast that a rifle has been deployed and notify the area supervisor
What levels of control require a Use of Force Report?
Levels of control requiring a Use of Force Report include:
* Low-level force resulting in injury or complaint of injury or continuing pain
( Vehicle containment technique (VCT))
- All intermediate force
- All deadly force
What must an officer do after a reportable use of force?
immediately request Dispatch to notify a supervisor.
Dispatch will update the CAD event accordingly.
Complete the Use of Force Report before the end of their shift (any exceptions must be approved by a supervisor).
The report will include a detailed description of the level of force, tool, or tactic used, to include its effectiveness, and the eight “objectively reasonable” force factors.
Each application of use of force tool must be separately justified in the documentation.
Forward reports to the investigating supervisor, sending a copy to their immediate supervisor.
When an ECD is used, what must be done with the probes?
Handle the probes like contaminated needles and impound them as evidence
What is the Vehicle Containment Technique (VCT)?
A technique that requires a Use of Force Report and documents any contact or collision
What does ‘substantial bodily injury’ mean?
An injury creating a substantial risk of death or serious permanent disfigurement
Substantial bodily injury is an injury that creates a substantial risk of death, causes serious permanent disfigurement, or results in a prolonged loss or impairment of the functioning of any body part. Examples may include skeletal fractures, brain bleeds, head/chest injuries which create a risk of death, or paralysis.
What should be included in a Use of Force Report?
A detailed description of the level of force, tool, or tactic used and the eight objectively reasonable force factors
What is the Public Safety Statement (PSS)?
A series of questions asked of the shooting officer to determine if an immediate threat to public safety exists
What is the role of the first-arriving supervisor at an incident involving deadly force?
Act as incident commander and ensure medical attention is provided
What must the incident commander ensure during the initial briefing?
Designate an operationally secure location that does not compromise the crime scene
Who investigates if a supervisor is involved in a reportable use of force incident?
They will not investigate themselves; duties will be relinquished to the next level of supervision
Fill in the blank: The _______ is responsible for completing the Use of Force Report on officer involved shootings.
[CIRT]
True or False: A Use of Force Report is required for any contact with damage during blocking.
False
Who conducts the initial briefing using the Major Incident Briefing Guide?
The patrol detective or on-scene supervisor.
Who identifies the essential personnel that will attend the FIT briefing?
The FIT supervisor.
What is the purpose of the scene walkthrough?
To assist investigators with an understanding of the scene, identifying physical evidence and officer locations at the time deadly force was used.
Is the walkthrough with the subject officer mandatory?
No, it is voluntary and not an interview.
Who decides the personnel observing the walkthrough?
The FIT supervisor.
What happens if a witness officer refuses to provide information?
They will be deemed in violation of LVMPD 8.160, Obedience and Insubordination.
What should be reported to FIT by any officer who has knowledge of it?
Any other photographs, audio, or video recordings taken at the scene.
What will officers use as alternatives to higher levels of force?
advisements, warnings, verbal persuasion, and other tactics
Cover + Distance =
Time (to diffuse a situation)
In dynamic and highly charged incidents, supervisors will…(UOF)
Provide clear direction and communication to officers regarding their positioning and roles
Upon observing substandard officer approaches or flaws in tactical decisions, the supervisor will…(UOF)
promptly act to correct any deficiencies.
How long does an officer have to report unjustified or not objectively reasonable use of force?
10 Days
What information will officer provide dispatch when requesting medical attention for a suspect?
The nature of the injury,
The subject’s age and gender, and
Other circumstances that could be of potential medical risk to the subject
Officers should render medical aid within the scope of their departmental training and skill level while awaiting the next level of medical care
Medical attention will be summoned for the following use of force applications, regardless of visible injury or complaint of injury:
Baton/Impact weapons – any strikes to the head, neck, chest, spine, kidneys, or groin area
Electronic control device (ECD) – probe strikes to the head, neck, chest, or groin area
Oleoresin capsicum (OC) spray – direct exposure to the facial area
Use of Force with a Projectile Weapon:
Low lethality shotgun – all strikes
40mm specialty impact weapon – all strikes
Handgun/Shotgun/Rifle – all strikes
Use of Force with a Vehicle:
Precision intervention technique (PIT)
Ramming – all
Canine – all bites
Low Level Force
a level of control that balances against a subject who is compliant or obstructive and is neither likely nor intended to cause injury.
Examples are handcuffing a compliant arrestee or proning a subject out on a high-risk vehicle stop.
Intermediate Force:
a level of control that balances against a subject who is assaultive and has the potential to cause injury or substantial pain
Deadly Force:
a degree of force which balances against a subject whose actions are life-threatening and likely to result in death or substantial bodily injury.
Situations when officers may handcuff: (10)
During investigative detentions (“Terry Stops,” see LVMPD 5.100, Search and Seizure) where one or more of the following factors are present and only for as long as the circumstances exist, not to exceed 60 minutes (per NRS 171.123):
Articulable facts that the subject is physically uncooperative
Articulable facts that a subject’s actions may present physical danger to themselves or others if not restrained
Reasonable possibility of flight based on the actions of the subject
Information that the subject is currently armed
The stop closely follows a violent crime, and the subject matches specific parts of a description
Articulable facts that a crime of violence is about to occur
Suicidal persons
During a search warrant service, as is reasonably necessary, to safely execute the warrant
Persons being transported to detoxification facilities
By officers moving in-custody subjects
Projectile weapons should only be used against persons who…
Are armed,
have access to a weapon, or
pose an imminent threat to the safety of the officers or others.
Examples of these circumstances are an edged weapon, club, pipe, bottle, or a brick.
When can projectile weapons be used against persons who are holding a firearm?
A minimum of two officers are present, one officer acting as lethal coverage.
Officers have considered the use of available cover/concealment.
Investigative Responsibilities – Use of Non-Deadly Force
Respond, without delay, to an incident in which reportable force is used.
Determine the level of force; Wounds not amounting to substantial bodily injury may include a broken wrist, cracked tooth, abrasions, or sprains.
Conduct an investigation by interviewing the subjects, officers, medical personnel, and witnesses.
Ensure photographs are taken and placed into Blue Team, to include the subjects, the scene, officers involved, and collect any evidence.
For the review of body worn camera video, see LVMPD 7.136, Body Worn Cameras.
Check the surrounding area for any video surveillance, obtain a copy, and ensure the third-party video is impounded as evidence and noted in Blue Team.
Review all applicable reports to ensure accuracy and completeness.
Document how a use of force has been determined to be appropriate and in adherence to department policy. If the use of force is determined to not be appropriate, it will be sent through the chain of command to decide if a Statement of Complaint (SOC) is necessary. If other misconduct is identified, the supervisor will document how it was addressed.
Document training deficiencies and how they were corrected.
When an ECD has been used:
Ensure the data record has been uploaded into Blue Team.
Verify the probes, wires, and cartridges are properly impounded, and arrange for replacement cartridges (accidental discharges will not require impounding unless there has been an injury).
Document the investigation in a Citizen Contact (CC) in Blue Team when alleged use of force is determined to be unfounded.
Investigative Responsibilities – Use of Deadly Force or Force Resulting in Death or Substantial Bodily Injury
Act as incident commander (per LVMPD 3.500, Major Incident and All Hazard Plan) until relieved and will:
Ensure medical attention is provided for those in need.
Ensure the crime scene is safe and secure, preventing the possibility of contamination or alteration.
This responsibility includes the removal of unauthorized persons, including officers from the inner perimeter of the crime scene. A degree of tact and good judgment must be exercised to avoid alienating potential witnesses who may possess information of value.
Update Dispatch and request that notifications be made.
Dispatch will update the CAD event accordingly.
Coordinate the search for outstanding suspects.
Oversee the identification and isolation of witnesses.
Ensure witness officers and subject officers are separated and placed in a secure environment with a monitor officer. The monitor officer will:
Not talk to the officer about the facts and circumstances of the incident.
Ensure that subject/witness officers remain at scene. Under no circumstance will any representative be allowed to move the location of any subject or witness officer prior to a FIT supervisor’s approval.
Ensure that subject officers and witness officers do not discuss the incident being investigated.
Remain with the officer until the firearms countdown is completed or dismissed by a FIT supervisor.
Provide FIT detectives on the names and locations of the subject officers and potential witness officers. If there is concern that an officer is not a witness officer, but a subject officer, the ranking FIT supervisor will make the final determination regarding the status of the officer(s).
Remain on scene, and do not leave until released by the FIT supervisor.
PSS
Brief FIT
FIT Response Criteria:
Any use of deadly force as described in LVMPD 3.110, Use of Force.
Any incident where a department member, in the course of their duties, is a victim of a significant violent crime or sustains substantial injury.
In-custody death (see LVMPD 3.620, In-Custody Deaths), including any subject assigned to the Electronic Monitoring Program (EMP), either with an ankle monitor or on house arrest.
Other jurisdiction requests that meet FIT criteria.
Suspect or citizen receives a substantial bodily injury or is killed in a police operation.
Any investigation and/or incident at the request of the Sheriff or designee.
Any alleged negligent discharge of a firearm, on/off duty with injury to a human being.
CIRT will respond and investigate the following:
Use of deadly force or use of force resulting in death.
The intentional discharge of any firearm on duty.
Deadly force PIT maneuvers or PIT maneuvers resulting in death or substantial bodily injury.
Officer, while in the line of duty, is killed or sustains a substantial bodily injury, including a traffic collision.
In-custody death occurs during a police operation or at the Clark County Detention Center (CCDC) where no clear medical issues are related to the death. CIRT will respond to in-custody suicides and attempted suicides (see LVMPD 3.620, In-Custody Deaths).
A high-risk incident, such as active shooter or large-scale civil unrest, upon the request of the Sheriff.
Compliant
a person contacted by an officer who acknowledges direction or lawful orders given and offers no resistance
Obstructive
the subject is uncooperative, not complying with an officer’s commands, or their physical actions are intended to prevent an officer from placing the subject in custody or under control; the subject’s actions are not directed at harming the officer or others.
Assaultive
the subject demonstrates the intent to harm the officer, others or themselves.
Life Threatening
the subject’s actions are likely to result in death or substantial bodily injury to the officer or others.
