3.110 Use of Force Policy

Question 1

It is the policy of this department that officers hold the _________ ________ for the dignity and liberty of all persons and place minimal reliance upon the use of force.

Answer 1

Highest regard

Question 2

The proper use of force is essential for ensuring impartial policing and for building trust in the community. There are circumstances where individuals will not comply with the law unless compelled or controlled by police officers through the use of force. Officers must remain mindful that they derive their authority from the community and that _____________________ degrades the legitimacy of that authority

Answer 2

Unreasonable force

Question 3

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.

Answer 3

De-escalation

Question 4

The movement, progression, or reduction from the application of one force type to another.

Answer 4

Force transitions

Question 5

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

Answer 5

Imminent threat

Question 6

Broad categories of force options in escalating stages of intensity that are identified as low-level force, intermediate force, and deadly force.

Answer 6

Levels of control

Question 7

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.

Answer 7

Objectively reasonable

Question 8

The placement of a subject’s body in a manner that does not restrict breathing or obstruct the airway, i.e., on their side or upright.

Answer 8

Recovery position

Question 9

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.

Answer 9

Substantial bodily injury

Question 10

When may officers use force?

Answer 10

To protect themselves or others
Overcome resistance
Effect a lawful detention, a lawful arrest, or a lawful search

Officers should, if reasonable, make their intent to detain, arrest, or search the subject

Question 11

When are officers authorized to use deadly force to effect an arrest, when in compliance with NRS and the legal standards under Tennessee v. Garner?

Answer 11

1. Protect themselves or others from what is considerably believed to be an imminent threat of death or substantial bodily injury
2. 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

Officer will give warning, if feasible, before the use of deadly force.

Question 12

What are the objective factors that affect the reasonableness of force? (Graham v Connor plus the 5 additional factors)

Answer 12

1. The severity of the crime
2. Whether the suspect poses an immediate threat to the safety of officers or others
3. Whether the suspect is actively resisting arrest or attempting to evade arrest by flight
4. The influence of drugs/alcohol or the mental capacity of the subject
5. The time available to make a decision
6. The availability of officers or resources (including the number of officers present at the time) to de-escalate the situation
7. The proximity or access of weapons to the subject
8. The environmental factors and/or other exigent circumstances

Question 13

Any officer present, regardless of rank, and observing another officer using force that is clearly beyond what is justified or objectively reasonable under the circumstances will, when in a safe position to do so, intercede to prevent the unreasonable use of force.

Answer 13

Duty to intervene

Question 14

Duty to intervene reporting

Answer 14

The officer will promptly report these observations and the efforts made to intervene to a supervisor. If the supervisor is using unjustified force, the officer will report it to the next level of supervision. If the observing officer is a supervisor, they will issue a direct order to stop the violation.

Question 15

What will the reporting officer on a duty to intervene incident do?

Answer 15

Document in writing no later than 10 days after the occurrence:

1. Date, time and location of incident
2. Identity, if known, and description of participants
3. Description of actions taken as a result

Question 16

The Las Vegas Metropolitan Police Department is committed to protecting people, their property and rights while providing the best in public safety and service. The proper use of force is essential for ensuring ___________________ and for _____________________. There are circumstances where individuals will not comply with the law unless compelled or controlled by police officers through the use of force. Officers must remain mindful that they derive their authority from the community and that unreasonable force degrades the legitimacy of that authority (see LVMPD 8.174, Respect for Individual Rights of Persons).

Answer 16

Impartial policing

Building trust in the community

Question 17

The department seeks to manage use of force beyond the Graham v. Connor (1989) standard and its minimum requirements by establishing further parameters for the application of force and to offer explicit direction to officers. __________________, __________________, and ________________ will always be the foundation of officer decision-making in the broad range of possible use of force situations.

Answer 17

Sound judgment, the appropriate exercise of discretion, and the adherence to department policy.

Question 18

Weapons meeting department specifications for which officers receive proficiency and safety training.

Answer 18

Approved weapons

Question 19

The department respects the __________ of every human life, and the application of deadly force is a measure to be employed in the most extreme circumstances where lesser means of force have failed or could not be reasonably considered.

Answer 19

Sanctity

Question 20

The Las Vegas Metropolitan Police Department is committed to protecting ________________, ____________________ and ______________
while providing the best in public safety and service.

Answer 20

People, their property and rights

Question 21

Officers will only use a level of force that is ______________________ to bring an incident or persons under control and to safely accomplish a lawful purpose.

Answer 21

Objectively reasonable

Question 22

In a confrontation, an officer will continuously ___________ their response and adjust any use of force accordingly based upon the level of resistance encountered. Failure to ____________ each application of force can lead to a violation of law and/or policy.

Answer 22

Reassess

The intent is to gain control of a subject and then transition into a custody phase where an officer is able to focus on the subject’s welfare. In choosing a force option, the nature and severity of the crime underlying the police and citizen interaction must be considered.

Question 23

The United States Supreme Court’s decisions and interpretations of the Fourth Amendment of the United States Constitution state an officer shall only use such force as is “objectively reasonable” under all of the circumstances. The standard that courts use to examine whether a use of force is constitutional was first
set forth in Graham v. Connor and expanded by subsequent court cases. The reasonableness of a particular use of force must be judged from the perspective of a __________________ on the scene, rather than with 20/20 vision of hindsight. The consideration must account for the fact that officers are often forced to make split-second judgments in circumstances that are tense, uncertain, and rapidly evolving.

Answer 23

judicious officer

Question 24

Policing requires that at times an officer must exercise control of a violent or resisting subject to make an arrest or to protect the officer, other officers, or members of the community from risk of harm. Clearly, not every potential violent confrontation can be de-escalated, but officers do have the ability to impact the direction and the outcome of many situations based on their decision-making and the tactics they choose to employ. As a strategy to diminish the likelihood and the severity of force, officers will attempt to de-escalate confrontations.

Answer 24

De-Escalation

Question 25

When reasonable, officers should gather information about the incident, assess the risks, assemble resources and equipment, attempt to ______________________________________________. Officers should start to develop a tactical plan prior to arriving at the scene and, when applicable, utilize intervention techniques by coordinating approaches to persons who are in crisis, are believed to be mentally ill, or have developmental disabilities

Answer 25

Slow momentum, and communicate and coordinate a response.

Question 26

When subjects are at ______________________________, officers will carefully weigh these factors and utilize de-escalation techniques, crisis intervention, or other alternatives to force when reasonable (see NRS 171.1455). Where potential confrontations are anticipated, the deployment and use of low lethality options should be evaluated.

Answer 26

Extremes of age (under 13 over 70), physically frail, visibly or known to be pregnant, or disabled

Question 27

In responding as a team, officers should manage the _________________________ of the subject. In their interaction with a subject, officers will, when feasible, use advisements, warnings, verbal persuasion, and other tactics as alternatives to higher levels of force. The use of cover, building more distance, or withdrawal to a more tactically secure position should be considered as options to help create time to diffuse a situation. Officers will perform their work in a manner that avoids unduly jeopardizing their safety or the safety of others through poor tactical decisions.

Answer 27

Containment or isolation

Question 28

Supervisors will possess a thorough knowledge of tactics and ensure that officers under their supervision perform to a standard (in accordance with LVMPD policy and training). The prospect of a favorable outcome is often enhanced when supervisors become involved in the management of the overall response to a
________________________ by coordinating officers’ tactical actions. Supervisors will acknowledge and respond to incidents in a timely manner when officer use of reportable force is probable (see LVMPD 3.300, Supervisors Tactics for Armed Subject Response).

Answer 28

Potentially violent encounter

Question 29

Supervisors will also manage the deployment of resources and equipment. In dynamic and highly charged incidents, supervisors will provide clear _______________________ to officers regarding their positioning and roles. Upon observing substandard officer
approaches or flaws in tactical decisions, the supervisor will promptly act to correct any _________________.

Answer 29

Direction and communication

Deficiencies

Question 30

At times, de-escalation may mean the timely and appropriate use of a ______________________ to mitigate a later need to use greater force. Officers will make efforts to control a confrontation and not allow it to escalate

Answer 30

Lower force option

Question 31

The department or any employee will not __________________________ an employee who intervenes to stop any unjustified or unreasonable use of force or subsequent reporting. (See Nevada Assembly Bill 3, 32nd Special Session 2020.)

Answer 31

Retaliate against or discipline

Question 32

Whenever an officer applies a use of force option upon a subject that results in either ___________________________________________, the officer will continuously monitor the subject and immediately summon medical attention. Officers will be mindful that persons who are in a prolonged physical encounter with officers may be at an increased risk of medical distress. Incidents involving these persons should be considered medical emergencies.

Answer 32

Observable signs or complaints of injury or difficulty in breathing

Question 33

Officers will monitor for ________________ (e.g., pulse, respiration, and chest movement) and update responding medical personnel via Dispatch with any changes in the subject’s condition. Dispatch will update the CAD event accordingly. When requesting medical attention, the officer will provide the nature of the injury, the subject’s age and gender, and other circumstances that could be of potential medical risk to the subject (e.g., obesity, suspected drug use, extreme agitation, profuse sweating, labored breathing, complaint of chest pain, or involvement in a foot pursuit) (see LVMPD 3.400, Responding to Persons in Behavioral Crisis or with Special Needs, “Excited Delirium”). Officers should render medical aid within the scope of their departmental training and skill level while awaiting the next level of medical care.

Answer 33

Signs of life

Question 34

Officers will not restrain subjects who are in custody and under control in a manner that ______________________________. Proned handcuffed subjects will be immediately placed in a recovery or seated position once safe to do so (i.e., the placement of a subject’s body in a manner that does not restrict breathing or obstruct the airway, such as on their side or upright).

Answer 34

Compromises their ability to breathe

Question 35

While handcuffed subjects are seated, they will not be what?

Answer 35

Forcefully bent forward at the waist, and pressure will not be applied to their back, neck, or head.

Question 36

In some instances, the best course of action may be to transport the subject to the nearest medical facility (use of force - medical attention). What factors should be considered?

Answer 36

The nature of the injury, response time of medical personnel, and the proximity of the medical treatment facility.

Question 37

Medical attention will be summoned for the following use of force applications, regardless of visible injury or complaint of injury:

Answer 37

1. Baton/Impact weapons – any strikes to the head, neck, chest, spine, kidneys, or groin area
2. Canine – all bites
3. Electronic control device (ECD) – probe strikes to the head, neck, chest, or groin area
4. Oleoresin capsicum (OC) spray – direct exposure to the facial area
5. Use of Force with a Projectile Weapon:
   a. Low lethality shotgun – all strikes
   b. 40mm specialty impact weapon – all strikes
6. Handgun/Shotgun/Rifle – all strikes
7. Use of Force with a Vehicle:
   a. Precision intervention technique (PIT)
   b. Ramming – all

After prisoner transport, the arresting officer will notify detention personnel and facility medical staff if the
subject has a visible injury, complains of injury, or has experienced any of the above force applications