6. Police De-escalation and Use of Force

Question 1

What is the standard under the fourth amendment for police use of force?

Answer 1

Objectively reasonable.

Definition:

This term means that in determining the necessity for an appropriate level of force officers shall evaluate each situation in light of the known circumstances, including, but not limited to, the seriousness of the crime, the level of threat or resistance, presented by the subject, and the danger of the officer, subject, or community.

The reason of a particular use of force must be judged from the perspective of a reasonable officer on scene, rather than the 20/20 vision of hindsight.

Determining reasonableness of force must allow for the fact that police officers are often required to make instantaneous judgments, in circumstances that are tense, uncertain and rapidly evolving. The force must be reasonable under the circumstances known to the officers at the time force is used . (Graham v. Connor)

Question 2

In addition to the US Constitutional requirements for use of force what additional supplements are required in Massachusetts?

Answer 2

Massachusetts has statutes and regulations beyond Graham’s objective reasonableness. Massachusetts officers must abide by chapter 6E and 555 CMR 6.00 the joint regulations of the municipal police training commission and peace officer standards in training commission

Now, for the first time in Massachusetts, reasonable force is now defined in statute law.

Question 3

If de-escalation is not feasible or has failed, what may officers do?

Answer 3

Officers may use proportionate and necessary force to

Conduct a lawful arrest or detention
Prevent an escape from custody
Defend themselves or,
Prevent eminent harm to another

Question 4

In Massachusetts under 6E what does de-escalation mean?

Answer 4

De-escalation is proactive approaches to stabilize a law-enforcement situation

Verbal persuasion
Warnings
Slowing down the pace of an incident
Waiting out a person
Creating distance between the officer and a threat
Requesting additional resources to resolve the incident

Question 5

What does feasibility mean in terms of de-escalation tactics?

Answer 5

This term feasibility is not defined in 6E, however it means capable of being used successfully. De-escalation must be realistic under the circumstances.

Question 6

What is the most important tool for officers to explain how de-escalation succeeded, failed, or why it was not feasible to begin with

Answer 6

Your incident report

Rigorously documents these encounters in your incident report.

Success, failure, or reasons why it was not feasible are the only 3 legal possibilities in explaining de-escalation in your incident report.

Question 7

Physical effort, however, slight to compel compliance by an unwilling person is the definition of what?

Answer 7

Non-deadly force.

Question 8

Pointing a firearm, ECW or use of OC spray on an individual or directed towards an individual is considered?

Answer 8

Is considered a reportable incident of a use of force per UOF-01 page 4

Question 9

What is the definition of proportionate force?

Answer 9

The use of force model

Question 10

What about escorting or handcuffing a person is that a use of force?

Answer 10

No physically, escorting or handcuffing a person with minimal or no resistance is not use of force

Question 11

What does the term proportionate mean concerning UOF?

Answer 11

Although not defined in 6E traditionally means balanced. Thus a proportionate UOF is a balanced response by an officer.

Question 12

In these UOF situations, you must have heightened awareness: (3)

Answer 12

Passive resistance. This means a person is noncompliant with commands, but is completely nonviolent. use only the force necessary to make the arrest or conduct an investigation. A criminal complaint may be best option over an arrest.

Pressure on a persons, chest or spine only used to temporarily gain, regain or maintain control of a person or to apply handcuffs. Move into recovery or seed deposition as soon as practical.

Absolutely no pressure on head or neck. Officer is forbidden to sit Neil or stand intentionally on a persons, head or neck for any purpose. George Floyd rule.

Question 13

May I apply pressure on a persons chest or spine?

Answer 13

Yes, to gain temporary control in order to apply handcuffs. Return to seated position as soon as possible.

Question 14

Can I apply pressure on a head or neck?

Answer 14

I am forbidden to sit kneel, or stand intentionally on a persons, head or neck for any purpose

Question 15

Force is only proportionate when applied to

Answer 15

An actual threat

Question 16

What is the legal theory known as officer created jeopardy?

Answer 16

Officers must not unreasonably create jeopardy for themselves, or others common example would be deliberately standing in front of fleeing vehicle of a minor crime and then explain that you had to shoot the driver in self-defense

Question 17

What is required of me after the use of non-deadly UOF?

Answer 17

Provide medical treatment as appropriate to persons, exhibiting or complaining of injury, or illness, when safe or tactically feasible

Submit a separate UOF report approved by MPTC and POST.

Per our policy any reportable incidents shall be reported to the desk officer and documented in the DAJ and submit an SP 376 use of force report along with a SP12 (incident report) or to/from within 24 hours of the incident absent, any injuries, or other circumstances

Question 18

What use of force must POST investigate?

Answer 18

An officer involved injury, or death to another person

Discharging firearm
Discharging stun gun
Chokehold
Chemical weapons
Rubber pellets
Deploying a K9
Using deadly force
Failing to intervene
Engaging in a physical altercation (but only if person sustain serious, bodily injury or request, receives medical care)

Question 19

Chapter 6E also covers mass demonstrations and creates additional requirements to reduce the potential violence there

Answer 19

Engage in good faith, effort to communicate with organizers

Appointed Officer in charge of developing de-escalation plans

This is also addressed in Mass state police policy procedure

Question 20

During a mass demonstration, no officer on scene shall use or order any of the following types of force unless?

Answer 20

De-escalation is not feasible or has failed, and the measures use are necessary to prevent eminent harm in our proportionate to the threat.

Tear or chemical weapons
Rubber pellets
Electronic control weapons
A dog to influence or control a persons behavior

Question 21

Under 6E when does force become deadly?

Answer 21

If it is expected to cause death or serious injury.

Question 22

Under 6E deadly force is authorized when

Answer 22

De-escalation attempted as feasible

Warning issued as feasible officer identifies himself and warnings before using deadly force

Proportionate and necessary.

Question 23

Deadly force must be:

Answer 23

Proportionate and necessary to prevent an imminent and current risk of death or serious, bodily injury to the officer or another person

The regulation emphasizes that deadly force cannot be justified by the fact that there was a sufficient threat at an earlier point in time

Officers cannot assume that a prior threat automatically carries over into the future.

Question 24

Deadly force, and the issue of suicide.

Answer 24

Officers may not employ deadly force, when the only risk is the subject suicide.

Question 25

What is a requirement after the use of deadly force?

Answer 25

Medical treatment

Question 26

Beyond the regular use of force reporting as outlined in policy and procedure, what other requirements must be performed in response to a use of force that results in death or serious injury?

Answer 26

Immediate notice to agency head

Secure the weapon used

Report to the national use of force database. This is when an officer action result in the death or serious bodily injury to a person, or a firearm was discharged at or in the direction of a person, even if no injury, or death resulted.

Question 27

Under 6E may I use a chokehold?

Answer 27

Officers must not be trained to use chokeholds regardless of what the technique is called.

Question 28

What is the definition of a chokehold?

Answer 28

The use of a lateral vascular neck restraint, carotid, restraint, or other action that involves the replacement of any part of a law enforcement, officers, body on, or around a persons, neck, and a manner that limits the persons, breathing, or blood flow with the intent of or the result of causing bodily injury, unconsciousness or death.

Question 29

What legal responsibility do I have to prevent excessive force?

Answer 29

I have a duty to intervene. If I observe force beyond which is necessary or objectively reasonable, I shall intervene to prevent the use of unreasonable force, unless intervening would result in imminent harm to the officer or another identifiable individual.

Question 30

Aside from the actual physical duty to intervene, what other legal requirement do I have?

Answer 30

I have a duty to report excessive force.

My agency must protect me from retaliation if I do report excessive force by another officer

Question 31

What are some of the legal consequences I face for the improper use of UOF?

Answer 31

Civil lawsuit and/or
Criminal prosecution

The law and regulations provided under 6E provided a higher standard of conduct for police officers, than found in criminal or civil law, if an officer complies 6E the officer stays within criminal or civil, legal bounds.

Question 32

If POST division of police standards conducts a preliminary investigation, how much time do they have to notify and what persons need to be notified?

Answer 32

Within 30 days of commencing an inquiry.

They must notify the officer, the head of the CBA, and the colonel.

Question 33

What level of guilt are POST’s interim suspension based on?

Answer 33

A preponderance of the evidence an officer may appeal an suspension to the post commissioner within 15 days. If not overturn the term suspension continues until a final decision by post is made.

Question 34

If an officer resigns, while under investigation by Post, what must the agency do?

Answer 34

The agency must report this and make recommendations for action by post.

Question 35

Mandatory DECERTIFICATION occurs when the officer: (standard: clear and convincing evidence):

Answer 35

Convicted of felony
Certification issued in error
Filed false police report
Tampered with record
Witness intimidation
Hate crime
UOF violation of 6E
Failure to intervene
Termination
Danger to public

Question 36

Non-mandatory recertification or suspension (clear, and convincing evidence) that:

Answer 36

Convicted of misdemeanor
Conduct was biased
Suspended or terminated, for disciplinary reasons
Repeated and sustained internal affairs complaints.
Pattern of unprofessional police conduct

After suspension officer may be reinstated by POST if certain conditions are meant and completed (such as retraining).