USE OF FORCE

Question 1

What are the Levels of Resistance?

Answer 1

1. Compliant
2. Obstructive
3. Assaultive
4. Life-Threatening

Question 2

Compliant

Answer 2

A person contacted by an officer who acknowledges direction or lawful orders given and offers no resistance

Question 3

Obstructive

Answer 3

The subject is uncooperative, not complying with an officers 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.

Question 4

Examples of Obstruction level of Resistance

Answer 4

a. standing stationary & not moving upon lawful direction
b. becoming “dead weight”
c. Holding onto a fixed object (utility pole) locking arms with another during a protest
d. Walking or running away
e. Breaking the officers’ grip

Question 5

Assaultive

Answer 5

the subject demonstrates the intent to harm the officer, others, or themselves

Question 6

Examples of Assaultive Level of Resistance

Answer 6

a. A subject taking a fighting stance, punching, kicking, striking, or attacking with weapons
b. other actions which present an imminent threat of physical harm
c. A subject fleeing while in control of weapon (firearm in waistband)

Question 7

Life Threatening

Answer 7

The subject’s actions are likely to result in death or substantial bodily injury to the officer or others

Question 8

Examples of Life Threatening

Answer 8

a. imminent use of a firearm, blunt, or bladed weapon
b. extreme physical force

Question 9

Low Level of Force
(Levels of Control)

Answer 9

a level of control that balances against a subject who is compliant or obstructive and is neither likely nor intended to cause injury. I.E. handcuffing or proning a subject out on a high risk vehicle stop

Question 10

Low Level Control

Answer 10

a. Officer presence
b. verbal comms
c. Empty hand tactics: physical restraint, hand control (escorts gripping, wristlocks) takedowns (not likely to cause injury, complaint of injury or complaint of continuing pain)
d. Handcuffs/Hobbles/
DSD specialty restraints (excluding restraint chair as def NRS 193.350)
e. Baton as an escort tool
f. canine (on leash)
g. Vehicle containment technique (VCT) - *This requires a Use Of Force Report

Question 11

Intermediate Force
(Levels of Control)

Answer 11

a level of control that balances against a subject who is assaultive and has the potential to cause injury or substantial pain.

Question 12

Types of Intermediate Control

Answer 12

a. Empty hand tactics (strikes, kicks)
b. DSD specialty restraint devices (including restraint chair)
c. Baton/Impact tools (jabs/strikes)
d. OC spray OLEORESIN Capsicum
e. ECD-Electronic Control Device
f. Low lethality shotgun (fired at a distance of 7 yards or greater)
g. 40mm specialty impact weapon (fired at a distance of 5 yds or greater)
h. canine with bites
i. PIT (40 mph or below)

Question 13

Deadly Force
(Levels of Control)

Answer 13

a degree of force which balances against a subject whose actions are life-threatening and likely to result in death or substantial bodily injury

Question 14

Types of Deadly Force

*An officer will not use deadly force against a person based on the threat that the person poses solely to themselves**

Answer 14

a. Baton (striking head, chest, spine, groin, or kidneys)
b. Low Lethality shotgun (fired at a distance less than 7 yds)
c. 40mm specialty impact weapon (fired at a distance less than 5 yds)
d. PIT (speeds more than 40 mph)
e. Ramming
f. Firearm use

Question 15

Elements of Deadly Force

Answer 15

In the use of deadly force, the following elements must be articulated by the Officer
1. Ability: exists when a person has the means or capability to cause substantial bodily injury or death to an officer or others. Ability may include the subject’s size, age, strength, combative skill, level of aggression, and any weapons in their immediate control.
2. 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 others. I.E. Relative distance to the officer or others and physical barriers btwn the subject and officer

Question 16

Imminent Jeopardy,
an element of deadly force

Answer 16

Based upon the known facts and circumstances the officer reasonably believes the subject poses an imminent threat to the life of an officer or others and the officer must act immediately to prevent death or substantial bodily injury see LVMPD 3.110 UOF Section 2 definition of imminent threat.

Question 17

Preclusion

Answer 17

lesser alternatives have been reasonably considered & exhausted before the use of deadly force, to include disengagement

Question 18

Imminent threat

Answer 18

an impending violent act, harm, or resistance that will likely occur if not instantly confronted or addressed.

Question 19

Graham vs. Conor 1989

Answer 19

standard and minimum requirement for Use of Force. The standard that courts use to examine whether a use of force is constitutional

Question 20

Tennessee v. Garner 1985

Answer 20

Officers are legally auth to use force to effect an arrest when in compliance with NRS and the legal standards of Tennessee v. Garner to: 1. Protect themselves or others from what is reasonably believed to be an imminent threat of death or substantial bodily injury
2. Prevent the escape of a fleeing felon who the officer has P/C to believe has committed a violent felony crime and is an imminent threat to human life if escape should occur NRS 171.1455
*Officers will give a warning, if feasible, before they use deadly force.

Question 21

Objective factors that affect the reasonableness of the force include

Answer 21

a. severity of the crime
b. whether the subject poses an immediate threat to the safety of officers or others
c. whether the subject is actively resisting arrest or attempting to evade arrest by flight
d. the influence of drugs/alcohol or the mental capacity of the subject
e. time available to an officer to make a decision
f. availability of officers or resources (including the # of officers present at the time) to de-escalate the situation
g. the proximity or access of weapons to the subject
h. environmental or exigent circumstances

Question 22

objectively reasonable

Answer 22

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 moment the force is used.

Question 23

substantial bodily injury

Answer 23

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.

Question 24

Duty to Intervene

Answer 24

If the observing officer is a Supervisor they WILL issue a direct order to Stop the violation.

Question 25

Duty to Intervene-reporting officer

Answer 25

Reporting officer WILL document in writing no later than 10 days after the occurrence. And include: a. Date, time, and location of the incident b. identity, if known, and description of the participants c. description of the actions taken as a result of the observation

Question 26

Medical attention WILL be summoned for the following use of force options regardless of visible signs of injury

Answer 26

a. Baton.Impact weapons - any strikes to the head, neck, chest, spine, kidneys or groin area b. canine-all bites c. ECD electronic control device probe strikes to the head, neck, chest, or groin area d. OC Spray - direct exposure to the facial area e. Use of force with a projectile weapon" -1. Low Lethality shotgun - all atrikes -2. 40mm specialty impact weapon - all strikes F. handgun/shotgun/rifle-all strikes G. Use of force with a vehicle" a. PIT Precision Intervention technique b. ramming-all

Question 27

SARA MODEL

Answer 27

S=SCAN A=ANALYSIS R=RESPONSE A=ASSESSMENT *a systematic Team approach using the SARA problem solving model. A nationally recognized model developed to implement and facilitate the problem-solving process consisting of 4 steps. *optimal results=the successful formulation of strategic plans that utilize necessary internal and external resources in the most efficient and effective manner.

Question 28

SARA Procedure

Answer 28

Patrol/traffic/detectives: 1. Initiates actions to solve problems requiring time and resources not normally avail to ofcrs responding to CFS such problems may be crime or quality of life. a. Identified by an officer b. Reported to a police ofcr by a citizen or c. submitted by a citizen on a LVMPD 132, service request form 2. Begin the SARA problem solving process by completing an LVMPD 241 automated Community Policing Service Request, and FWD to the appropriate area command COP office 3. Defines problems & docs pertinent info on the LVMPD 239 automated project worksheet longform. For small problems or ongoing problems requiring spot checks use LVMPD 240 automated 4. Coordinate w/ the COP ofcrs to analyze problems and determine responses 5. address problems w/ planned, systematic responses. Ideally responses will accomplish one of the following: a. eliminate the problem b. reduce the # of incident it creates c. reduce the seriousness of incidents it creates d. design methods for a better handling of the incident e. remove the problem from police consideration 6. Make assessments to evaluate if follow-up is needed 7. FWD copies of the LVMPD 239, 240, 241 to the appropriate COP office COP OFFICERS 8. Assist other Dept units -SARA s automated Problem Solving , SARA Steps 9. contact individuals and agencies -elected officials, code enforcement, housing authority, public utilities 10. Maintain LVMPD 242, Problem Scanning Monitoring Log- identify all efforts 11. attends periodic mtgs, w/ COP and CPS AREA CMD CPS 12, assists COP with strategies to prevent reoccurrence of problems.

Question 29

Employment Diversity Section LVMPD Policy 8.325

Answer 29

EDS will thoroughly investigate complaints that are submitted and they will be sustained if proven by preponderance of the evidence. When investigating a case EDS WILL BE considered Agents of the Sherriff.

Question 30

LVMPD Policy 8.159 Reporting Misconduct

Answer 30

Internal complaint process: complaints are accepted from any source whether in person, by mail, e-mail, or telephone. It is not a requirement that the reporting member be the intended target of the offense. ALL complaints of harassment, discrimination, and/or retaliation will be reviewed by the EDS director utilizing federal laws, state laws, and EEOC Equal Employment Opportunity Commission, and NERC Nevada Equal Rights Commission standards.

Question 31

Complainant will

Answer 31

1. Contact any Sup, EDS, or IAB to seek assistance in filing a complaint of harassment, (sexual or otherwise), discrimination, and/or retaliation. 2. In coordination with EDS submit a compliant (e-mail, memo, SOC, verbal interview, etc) to the EDS director including all pertinent info relative to the alleged harassment, discrimination, and/or retaliation within 300 days of the last incident. Complaints submitted after the 300 days are evaluated on a case by case basis EXCEPT for USERRA Uniform Service Employment Re-Employment Rights Act of 1994 which has no SOL.