The Use of Force

Flavio Mota,Attorney

The Agenda

To Discuss the Use of Force Guidelines While Covering a Few of the Related General Orders

The Use of Force Model GO3-02-01

Force Options GO3-02-02

Deadly Force GO3-02-03

Canines as a Force Option GO3-02-04

Incidents Requiring a TRR GO3-02-05

Weapons Discharge Incidents GO3-02-06

The Use of Force ModelGO3-02-01

1) Officers escalate or de-escalate the amount of force in relation to the level of force offered by the subject

2) The legal test is “Reasonable Amount of Force Based on the Totality of the Circumstances”

3) The “Use of Force Model” is a guideline and does not account for all possible factors

Force OptionsGO3-02-02

Cooperative Subject: 1. Social Control, Presence; 2.

Verbal

Resister: 1. Passive Resister; 2. Active Resister

Assailant:

1) Aggressively offensive, no weapons;

2) Actions will likely cause physical injury;

3) Actions will likely cause death or serious physical injury

Canines as a Force OptionGO3-02-04

1) Allowed to use a dog on an assailant—this includes an assailant against the canine

2) The use of a canine requires the completion of a TRR3) Allowed to use on an active resister who is alleged to

have committed a felony or a violent misdemeanor4) Prior to the use of the dog, the handler will announce

her police authority and warn about the dog5) Must give a warning in a manner that can be heard,

multiple warnings might be required—several floors6) A command staff approval needed for a crowd control

Incidents Requiring a TRRGO3-02-05

The subject is an assailant and the officer intervenes

The subject is an active resistor and the officer does more than just

Use verbal commands or control holds

A TRR is required when there are allegations of injuries

The subject alleges injury

Discharge OC spray, chemical weapon, taser, impact munitions, or a firearm

The subject physically obstructs a police officer

Incidents that do not Require a TRRGO3-02-05

A firm grip hold and no injury or allegation of injury

Force necessary to overcome a passive resister due to disability or intoxication

Control holds with handcuffing and searching

No injury or allegation of injury

An approved training exercise

Procedures for a TRR IncidentGO3-02-05

A police officer or detention aide will

Immediately notify the immediate supervisor

Complete a TRR

Make notifications to OEMC and the Desk Sergeant at the

district of occurrence

Ensure that the completed TRR is submitted

A Supervisor’s DutiesGO3-02-05

A Supervisor who has been notified will

1) Respond to the scene

2) Ensure that all witnesses are interviewed

3) Request the assignment of an ET

A. When there are injuries or allegations of injuries

B. When deemed appropriate by the supervisor

4) Ensure that other evidence is handled and processed

5) Review the TRR for completeness and legibility

6) Complete the TRR for an injured member who is unable to complete the TRR

Firearm DischargeGO3-02-06

Watch Commander notifies Operations Command

Operations Command notifies IAD

This General Order does not apply to

1) Approved firearms training or practice

2) Practice at a recognized facility

3) Authorized ballistic examination

4) Licensed hunting activity

Firearm DischargeGO3-02-06

The IAD Call-Out Supervisor will

1) Contact the On-Call Incident Commander (OCIC)

2) Complete and submit a “Notice of Alcohol and

Drug Testing…” (CPD-44.252)

Firearm DischargeGO3-02-06

The IAD Call-Out Supervisor will ensure that1) The involved member submits to the alcohol

breath test

2) The alcohol breath test result is provided to the OCIC or Watch Commander

3) The involved member submits to the drug testa) Collected by a member of the same sex with dignity

and retained by the IAC Call-Out Supervisor

4) Both tests occur as soon as possible (no later than six hours)

5) Copies of any associated reports are forwarded to the Chief Administrator, IPRA

Conclusion

The legal test for the use of force is “Reasonable Force Based on The Totality of the Circumstances”

Police officers will escalate or de-escalate the level of force based on the subject’s actions

Warning shots are not allowed

A canine may be used to apprehend an active resister who is wanted for a felony or a violent misdemeanor