Use of Force DEFINITION OF USE OF FORCE Penal code section 835a defines reasonable force to effect an arrest as only that force reasonable for restraint of the suspect and to get the suspect to submit to custody.

Use of Force DISCUSSION The Fourth Amendment The U.S. Supreme Court noted that determining “objective reasonableness” for the use of the force must be fact specific.

Use of Force Explanation The legal framework establishing a peace officer’s authority during a legal arrest including: 1. Suspect’s requirement to submit to an arrest without resistance. 2. Peace officer’s authority to use restraint during a detention or an arrest.

Use of Force Identify the authority to which a peace officer can resort to use of force: 1. When an arrest is being made by an officer under the authority of a warrant and if, after being informed of the intention to make the arrest, the suspect to be arrested either flees or forcibly resists; the officer may use all necessary means to effect the arrest. (PC 843)

Use of Force Discuss the level of authority specific department policies have regarding the use of force by a peace officer. Limitations on the use of force are set by specific department policy. All such policies are attempts to provide rational guidelines and to protect the officer and agency from civil and criminal liability. (Policies are driven by litigation.)

Use of Force Define the term force options: Force options are the choices available to a peace officer concerning the methods available as identified in each agency or department’s policy.

Use of Force Identify goals of using force to overcome resistance. The objective for the use of force by a peace officer in any situation is to ultimately gain or maintain control of an individual.

Use of Force Demonstrate force options Types of resistance Cooperative (no resistance) Resistive, including passive and active Assaultive Life threatening

Use of Force Identify standards for the use of force as determined by the U.S. Supreme Court. The Court established the following components and prerequisites to an officer using lethal force in the line of duty: Life threatening escape-where the officer has probable cause to believe the suspect poses a threat of serious physical harm, either to the officer or to others.

Use of Force Life threatening felony - if the suspect threatens the officer with a weapon, great bodily harm, or the officer has probable cause to believe the suspect has committed a crime involving the infliction of serious bodily harm.

Use of Force Give warnings where feasible - the court imposes a constitutional requirement that some warning must be given prior to the use of lethal force where feasible…. ( halt police, stop or I’ll shoot)

Use of Force If necessary to prevent escape - in order for lethal force to be Constitutionally permissible, there must be probable cause to believe that the use of lethal force is reasonably necessary.

Use of Force Recognize factors require in establishing sufficiency of fear. ELEMENTS 1. The circumstances must be sufficient to excite the fears of a reasonable person. 2. The person must not act under the influence of fear alone. There has to be some circumstance or overt act apart from the officer’s fear. 3. The decision to use lethal force must be made to save one’s self or another from great bodily injury.

Use of Force Recognize the considerations an officer should take when determining whether or not to resort to using lethal force

Use of Force Discuss the role of departmental policies regarding the use of lethal force. Although the law and courts have presented a baseline for use of lethal force, the conditions under which lethal force may be employed are strictly controlled by department policy. Officers must confirm to department policy regardless of what federal or state law might allow.

Use of Force Recognize the law regarding homicide by a peace officer and the circumstances under which the homicide may be considered justifiable. (Read P.C. section 196) Homicide by a peace officer may be justified when: a) the officer is under orders to carry out a death sentence b) acting in the course of duty c) retaking escaping felons, and d) arresting a felon who resist to the point where deadly force is reasonable

Use of Force Discuss emotional factors that can affect a peace officer response when threatened with danger. 1. Two major emotional factors that officers need to focus on during their training: a) fear, an emotional response to a perceived threat, and b) anger, a feeling of displeasure from perceived opposition.

Use of Force Describe the normal phases of fear 1. The phases include: a) perception of fear, b) awareness of vulnerability, c) decision to take action, d) take action e) decision to respond, and f) response.

Use of Force Distinguish between reasonable and unreasonable fear 1. Reasonable Fear-controlled and legitimate fear. A mechanism that is necessary for officer safety as it is based on true circumstances. 2. Unreasonable Fear - Generated in the officer’s mind with no direct correlation to facts and situations.

Use of Force Give examples of acceptable techniques for managing anger; 1. depersonalizing what people say or do. 2. identifying worst-case scenarios, and 3. developing problem-solving solutions.

Use of Force Explain a peace officer’s potential criminal and civil liability associated with the use of excessive force; 1. criminal action 2. civil rights violation 3. compensatory and punitive damages 4. administrative or departmental action, and 5. moral impact

Use of Force Explain the agency’s potential criminal and civil liability associated with the use of excessive force by any of its officers. 1. Liable under federal civil rights laws. 2. The department may be sued for neglect hiring or retention of employee, or inadequate training or failure to supervise adequately.