Policy 6/002.00 Use Of Force Flashcards
Use of Force:
The LVMPD 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 policing.
There are circumstances were individuals will not comply with the law unless compelled or controlled by the use of force. Yet, officers must also remain mindful that they derive their authority from the community and that unreasonable force degrades the legitimacy of that authority.
In a use of force incident, the governmental interest must match the level of force and intrusion upon an individual’s Constitutional Rights.
True or False?
True.
Use of Force:
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 value of every human life and that the application of deadly force is a measure to be employed in the most extreme circumstances.
True or False?
True.
Use of Force:
The ECD Touch Stun is defined as a secondary function of the ECD intended to administer pain to a subject by making direct contact with the body after the air cartridge has been expended or removed.
NOTE: The use of the ECD in this mode is _________.
Discouraged.
Use of Force:
Force Transitions is defined as:
The movement, escalation/de-escalation, from the application of one force type to another in conjunction with the “objectively reasonable” standard from Graham v. Connor.
The officer must consider all the factors prior to using force and choose a reasonable option based on the “totality of the circumstances” present.
Use of Force:
Low Level Force is defined as:
Low Level Force is the level of force that is necessary to interact with the subject that is compliant or displaying passive or active resistance.
Use of Force:
Intermediate Force is defined as:
The level of force necessary to compel compliance by a subject displaying Aggressive Resistance, which is neither likely nor intended to cause death.
Use of Force:
Deadly force is defined as:
Deadly Force is that degree of force, which is likely to produce death or serious bodily injury. Deadly force can also result from a force option being improperly applied. Deadly force is not limited to the use of firearms.
Use of Force:
Levels of Control is defined as:
Levels of Control are broad categories of influence and or force in identifiable, escalating stages of intensity. They are identified as Low Level Force, Intermediate Force, and Deadly Force.
Use of Force:
Reasonable Force is defined as:
Reasonable force is 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 time of the incident.
Use of Force:
Reportable Force is defined as:
Reportable force is any use of force which is required to overcome subject resistance to gain compliance that results in death, injury or complaint of injury, complaint of continuing pain, or any use of force greater than Low Level Force and any application of the LVNR.
Use of Force:
Significant Force is defined as:
Any force which results in treatment at a medical facility due to injuries or alleged injuries caused by an officer. Examples include, but are not limited to: skeletal fractures, injury or complaint of injury to a person’s head or sternum area. All Significant Force is Reportable Force.
Use of Force to Affect a Detention, an Arrest or to Conduct a Search:
Officers may use reasonable force to:
- To protect themselves.
- To Protect others.
- To affect a lawful detention.
- To affect a lawful arrest.
- To conduct a lawful search.
If it is not already known by the subject to be detained, arrested, or searched, officers should, if reasonable, make clear their intent to detain, arrest or search the subject.
When practicable, officers will identify themselves as a peace officer before using force.
Use of Force:
Under the Fourth Amendment of the United States Constitution a police officer may only use such force as is ______ _______ under all of the circumstances.
Objectively Reasonable
Use of Force:
The standard that courts will use to examine whether a use of force is constitutional was first set forth in _______ vs _______.
Graham vs Connor, 490 U.S. 386 (1989).
Use of Force:
The reasonableness of a particular use of force must be judged from the perspective of a reasonable officer on the scene, rather than with 20/20 vision of hindsight.
The reasonableness must account for the fact that officers are often forced to make split-second judgments – in circumstances that are tense, uncertain, and rapidly evolving.
True or False?
True.
Use of Force:
The reasonableness inquiry in reviewing use of force is an objective one: the question is whether the officer’s actions are objectively reasonable in light of the facts and circumstances confronting them.
The officer’s perception may be a consideration, but other objective factors will determine the reasonableness of force. These factors may include but are not limited to:
- The severity of the crimes at issue.
- Whether the subject possess an immediate threat to the safety of the other 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/resources to de-escalate the situation.
- The proximity or access of weapons to the subject.
- The environmental factors and/or other exigent circumstances.
Use of Force:
The officer will use a level of force that is necessary and within the range of “objectively reasonable” options.
When use of force is needed, officers will assess each incident to determine, based on policy, training and experience, which use of force option will de-escalate the situation and bring it under control in a safe and prudent manner.
Reasonable and sound judgment will dictate the force option to be employed. Therefore, the department examines all use of force from an objective standard rather than a subjective standard.
True or False?
True.
Duty to Intervene:
Any officer present and observing another officer using force that is clearly beyond that which is objectively reasonable under the circumstances shall, when in a position to do so, safely intercede to prevent the use of such excessive force. Officers shall promptly report these observations to a supervisor.
True or False?
True.
Levels of Resistance:
Name the 5 Levels of Resistance?
- Compliant - a person contacted by an officer who acknowledges direction or lawful orders given and offers no passive/active, aggressive, or aggravated aggressive resistance.
- Passive Resistance - The subject is not complying with an officer’s commands and is uncooperative, but is taken only minimal physical action to prevent an officer from placing the subject in custody and taking control. Examples include: Standing stationary and not moving upon lawful direction, falling limply and refusing to use their own power to move (becoming deadweight), holding onto a fixed object, or locking arms to another during a protest or demonstration.
- Active Resistance - The subject’s verbal or physical actions are intended to prevent an officer from placing the subject in custody and taking control, but are not directed at harming the officer. Examples include: walking or running away, breaking the officers grip.
- Aggressive Resistance - The subject displays the intent to harm the officer, themselves or another person and prevent an officer from placing the subject in custody and taking control. The aggression may manifest itself through a subject taking a fighting stance, punching, kicking, striking, attacks with weapons or other actions which present an imminent threat of physical harm to the officer or another.
- Aggravated Aggressive Resistance - The subject’s actions are likely to result in death or serious bodily harm to the officer, themselves or another. These actions may include a firearm, use of blunt or bladed weapon, and extreme physical force.
Levels of Control:
Name the 3 Levels of Control?
- Low Level Force.
- Intermediate Force.
- Deadly Force.
Levels of Control:
Low Level Force - The level of control necessary to interact with a subject that is compliant or displaying Passive or Active Resistance. This level of force is not intended to and has a low probability of causing injury.
Examples are handcuffing a complaint arrestee for transport to detention facility or proning a suspect out on my high-risk vehicle stop.
This level of force includes:
- Office Presence.
- Verbal Communication.
- Empty Hand Tactics (Takedowns).
- Handcuffs/Other LVMPD Approved Restraint Devices.
- Baton (As escort tool).
- LVNR (Level 1 - minimum restraint).
- K-9 (No bites).
- Pinching.
- Blocking.
Levels of Control:
Intermediate Force - The level of force necessary to compel compliance by subject displaying Aggressive Resistance, which is neither likely nor intended to cause death.
This level of force requires a Use of Force Report and includes:
- Empty Hand Tactics (Takedowns with injury, strikes, kicks).
- Baton/Impact Weapons (Jabs, Strikes).
- LVNR (Level 2 - medium restraint; and 3-maximum restraint).
- OC Spray.
- ECD.
- Low Lethality Shotgun (5 yards or greater)
- K-9 (with bites).
- P.I.T. (Speeds 40 mph or below).
Levels of Control:
Deadly Force - Deadly force is that degree of force, which is likely to produce death or serious bodily injury. Deadly force can also result from a force option being improperly applied. Deadly force is not limited to the use of firearms.
Deadly Force Includes:
- Baton (Striking head, neck, sternum, spine, groin or kidneys).
- Low Lethality Shotgun (Fired at a distance less than 5 yards).
- P.I.T. (More than 40 mph).
- Ramming.
- Firearm Use.
Parameters for Use of Deadly Force:
An officer may use deadly force upon another person only when it is objectively reasonable to:
- Protect himself or others from what is reasonably believed to be an imminent threat of death or serious 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.