3.110 Use of Force Policy Flashcards
What is the overall policy of “3.110 - Use of Force Policy”
“It is the policy of this department that officers hold the highest regard for the dignity and liberty of all persons and place minimal reliance upon the use of force. The department respects the sanctity 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.”
When are officers authorized to use force? (5)
- To protect themselves
- To protect others
- To effect a lawful detention
- To effect a lawful arrest
- To conduct a lawful search
When are officers allowed to use deadly force? (The parameters of “deadly force”)
“Officers are legally authorized to use deadly force (1) to effect an arrest when in compliance with the Nevada Revised Statutes (NRS), and (2) the legal standards under Tennessee v Garner (1985) to:
- Protect themselves or others from what is reasonably believed to be an imminent threat of death or substantial bodily injury.
- 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. (As stated in NRS 171.1455)
What level of force will officers use to bring an incident or person under control and safely accomplish a lawful purpose?
One that is “objectively reasonable”.
“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.”
judicious officer
The consideration (for the reasonableness of a particular use of force) must account for the fact that officers are often forced to make split-second judgements in circumstances that are __________, ___________ and _____________.
Tense, Uncertain, Rapidly Evolving
“In their interaction with a subject, officers _______, when feasible, use advisements, warnings, verbal persuasions and other tactics as alternatives to higher levels of force.”
Will
“Supervisors will acknowledge and respond to incidents in a timely manner when an officer’s use of force is __________”
Probable
“In dynamic and highly charged incidents, supervisors will…”
“…provide clear direction and communication to officers regarding their positioning and roles.”
“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 use of unreasonable force. The officer will promptly report these observations and the efforts made to…”
“…a supervisor.”
“If the supervisor is using unjustified force, the officer will report it to…”
“…the next level of supervision.”
How many days does a member have to report excessive use of force by another member?
10 days
“Whenever an officer applies a use of force option upon a subject that results in either observable signs, complaints of injury or difficulty in breathing, the officer will…”
“…continuously monitor the subject and immediately summon medical attention.”
“When requesting medical attention, the officer will provide the following (3) items of information,
- Nature of the injury
- Subject’s age and gender
- Other circumstances that could be of potential medical risk to the subject (i.e. obesity, suspected drug use, extreme agitation, profuse sweating, labored breathing, etc.)
When handcuffed subjects are seated, they will NOT be forcefully bent forward at the waist and pressure will NOT be applied to these (3) areas?
- Back
- Neck
- Head
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 face
- Use of Force with a Projective Weapon:
a. Low lethality shotgun - all strikes
b. 40mm specialty impact weapons - all strikes - Handgun/Shotgun/Rifle - all strikes
- Use of Force with a Vehicle:
a. Precision intervention technique (PIT)
b. Ramming - all
It is this policy of this department officers hold the highest regard for the _______ and _________ of all persons and place minimal reliance upon the use of force.
Diginity, Liberty
What is LVMPD committed to doing in the Use of Force Policy?
LVMPD is committed to protecting people, their property and rights while providing the best in public safety and service.
Why is the proper Use of Force essential?
The proper use of force is essential for ensuring impartial policing and for building trust in the community.
What should officers remain mindful of, when regarding LVMPD 8.174, Respect for Individual Rights of Persons)?
Officers must remain mindful they derive their authority from the community and unreasonable force degrades the legitimacy of said authority.
When may officers use force?
Officers may use force to protect themselves or others, overcome resistance, to effect a lawful detention, a lawful arrest, or to conduct a lawful search.
Will officers give a warning before the use of deadly force?
True: Yes, officers will give a warning, IF FEASIBLE, before the use of deadly force.
Officers will only use a level of force which is objectively reasonable…?
Officers will only use a level of force which is objectively reasonable to bring an incident or persons under control and to safely accomplish a lawful purpose.
An officer’s use of force must balance against…?
An officer’s use of force must balance against the level of resistance exhibited by the subject.
What must an officer do when administering a level of force?
The level of force administered by an officer must be carefully controlled and should not be more than objectively reasonable to overcome the physical harm threatened.
Officers will only use the amount of reasonable force necessary to effect an arrest. TRUE or FALSE?
True as stated in NRS 171.1455
In a confrontation, an officer will ______ their response and ______any use of force accordingly based upon the level of resistance encountered.
Continuously reassess; Adjust
What is a potential result for failure to reassess each application of force?
Failure to reassess each application of force can lead to a violation of law and/or policy.
What is the intent of use of force?
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 ______ and _______ of the crime underlying the police and citizen interaction must be considered.
Nature, Severity
Objective factors which effect the reasonableness of the force include, “Graham v Connor”:
- Severity of the crime
- Whether the subject poses and 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 reasources (including the number of officers present at the time) to de-escalate the situation
- The proxiimity or access of weapons to the subject
- The environmental factors and/or other exigent circumstances
Supervisiors will possess a thorough knowledge of _____ and ensure officers under their supervision perform to a standard (in accordance with LVMPD policy and training).
Tactics
What is enhanced when supervisiors become involved in the managment of the overall response to a potentitally violent encounter?
The prospect of a favorable outcome is often enhanced when supervisors become involved in the managment of the overall response to a potentitally violent encounter by coordinating officers’ tactical actions.
Supervisiors will _______ and _______ to incidents in a timely manner when officer use of reportable force is probrable (see LVMPD 3.300 Supervisors Tactics for Armed Subject Response).
Acknowledge and Respond
Supervisors will also manage the deployment of reasources and equipment. TRUE or FALSE?
True
When dealing with a dynamic and highly charged incident(s), supervisiors will…..
In dynamic and highly charged incidents, supervisors will provide clear direction and communication to officers regarding their positions and roles.
Upon observing substandard approaches or flaws in tactical decisions, a supervisior will?
Upon observing substandard officer approaches or flaws in tactical decisions, the supervisor will promptly act to correct any deficiencies.
How many days does a reporting officer have to document a unjustified use of force?
Reporting officer will document in writing no later than 10 days after the occurrence.
- Date, time, and location of the incident
- Identity, if known, and description of the participants
- Description of the actions taken as a result of the observation
What are the four (4) Levels of Resistance?
- Compliant
- Obstructive
- Assaultive
- Life-Threatening
What are the three (3) Levels of Control?
- Low Level
- Intermediate
- Deadly Force
What are the four (4) elements of Deadly Force?
- Ability
- Opportunity
- Imminent Jeopardy
- Preclusion
“An officer will NOT use deadly force against a person based on the threat the person poses solely to themselves.” True or False?
TRUE
“__________ have an ongoing obligation to inspect officer equipment and review with officers department directives and training materials on the use of force.”
Supervisors
“Officers will not use a baton, ECD or projectile weapons on ________________ unless the subject displays life-threatening resistance.”
A woman who is believed to be pregnant
Which force options will NOT be used on a woman who is believed to be pregnant unless the subject displays life-threatening resistance?
Baton, ECD or projectile weapon
Which force options will NOT be used on a subject who is in an elevated position where a fall is likely to result in substantial bodily injury or death, unless the subject displays life-threatening resistance?
ECD, projective weapon
To effectively de-escalate situations, officers will use ____________ , ___________ and ___________ .
Advisements, warning, and verbal persuation
What are the reasons officers can use handcuffs on a subject?
- During an investigative detention, when:
a. Articulable facts that the subject is physically uncooperative
b. Articulable facts that a subject’s actions may present physical danger to themselves or others
c. Reasonable possibility of flight based on the subject’s actions
d. Information the subject is currently armed
e. The stop follows a violent crime and the subject matches the suspect description
f. Articulable facts that a crime of violence is about to occur - Suicidal persons
- During a search warrant service
- Persons being transported to a detox facility
- Moving in-custody subjects
“When responding to a security officer, where a subject has been placed in handcuffs prior to the officer’s arrival, the officer will not place LVMPD handcuffs on the subject until…”
“…the officer has reasonable suspicion or probable cause based on their independent investigation.”
“OC spray will not be used on a handcuffed subject unless…”
“…the subject is displaying assaultive resistance.”
“___________ should not be used on a driver of a vehicle or inside a patrol vehicle.”
OC Spray
“In a protest or demonstration situation, OC spray may only be used in response to an imminent threat of harm when…”
“…authorized by the Incident Commander.”
“The use of a ECD touch stun application is discouraged unless…”
“…used to complete NMI by closing a circuit when probes have already be deployed.”
