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UseOfForce

Towson University Police Dept.Updated 1/2009

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ObjectivesRules for the use of deadly forceAlternatives to the use of deadly forceEmotional, mental, and psychological preparation for the use of deadly forceTraining issuesCriminal, Civil, and Administrative liability for misuse of force

Legal IssuesCourt Cases that have had an impact on police use of force:Tennessee v. Garner (1985)Springfield v. Kibbe (1987)Graham v. Connor (1989)

Maryland Case: Giant Food, Inc. v. Scherry (1982)End of slide

4Officers may not use deadly force on a fleeing suspect except where the officer has probable cause to believe that the suspect poses a threat of serious physical harm, either to the officer or to others, it is not constitutionally unreasonable to prevent escape by using deadly force. To seize an unarmed, non-dangerous suspect by shooting him dead would be unreasonable. (Garner)

4th Amendment Seizure issue; based on the circumstances of the incident and the objective reasonableness standard (Garner and Connor)

Maryland Court of Appeals ruled that deadly force may not be used against a felon who was in the process of fleeing and at the time, presented no immediate danger toanyone. (Sherry)

Department GuidelinesSection 2.805General Provisions for the Use of ForceOnly the force necessary to effect lawful objectivesRepel force with force, using only that amount of force reasonably necessary to overcome attackers or resistance

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Constitutional IssuesUse of force against a subject could be considered a 4th Amendment issue. The more force used, the more likely the situation will be considered a seizure under the Forth Amendment.The amount of force will be weighed against the Forth Amendments reasonableness requirement. (Tennessee v. Garner, 471 U.S. 1, 7 (1985)) End of slide

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Department GuidelinesForce may be used: When necessary to preserve the peace, prevent commission of offenses, or prevent suicides or self-inflicted injuries; When necessary to overcome resistance to lawful arrests, searches and seizures, and prevent escapes from custody; When in self-defense or in defense of another against unlawful violations to their person or property.2.805 C7End of slide

72.805 C

Department GuidelinesAmount of Force will be determined by the surrounding circumstances:Nature of the offenseBehavior of subjects against whom force is to be used.Actions by third parties who may be presentPhysical odds against officersFeasibility and availability of alternative actionsEnd of slide

82.805 D

Department GuidelinesOfficers acting alone may be required to resort to a greater use of force then would be necessary if other officers were present.Use of Force ranges from physical presence, verbal commands to deadly force.Force consistent with specifications of training standards, and guidelinesWill not use unnecessary, aggressive or excessive force.End of slide

92.805 E, F, G, H

Unnecessary force: force which is not needed. No resistance, etc.Aggressive force: where the officer is the primary aggressor in the confrontationExcessive force: when force is called for and used, but it has gone to a higher level than necessary, or has gone on longer than necessary.

JustificationsMust be viewed and judged from the perspective of the officer with the information known only at the time of the incident, not later, no matter how compelling.Force must be reasonable (Graham v. Connor, 490 U.S. 386, 395 (1985)) and if determined to be unreasonable, could be actionable against the officer and/or agency. End of slide

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JustificationsSeveral court cases have given some insight as to how to view these issues:Severity of the crime (Graham v. Connor,490 U.S. 396 (1989))Suspects pose immediate threats to the safety of the officer and/or others. (Tennessee v. Garner, 471 U.S. 11-12 (1985))Suspects are actively resisting arrest or evading arrest. (Graham, 490 U.S. at 396)Examined as they appeared to the officer at the time. (Graham, 490 U.S. at 396)Officers exercised good faith in their official discretion.Officers are sometimes forced to make split-second decisions in tense, uncertain and rapidly evolving incidents. (Graham, 490 U.S at 397)End of slide

11Tennessee v. GarnerGraham v. ConnorSamuel v. Busnuck (Md. 1976)State v. Albrecht (Md. 1993)

Deadly ForceOfficers may use deadly force only when the officer has probable cause to believe that the suspect poses a threat of serious physical harm, either to the officer or others (Tennessee v. Garner, 471 U.S. at 11-12 (1985))

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122.815

Deadly ForceThe application of deadly force is one in which many officers have faced. The decision to do so may have saved their lives or lives of others. Regardless of the reason, many officers suffer from various emotional, and/or psychological responses. Many recover well with the appropriate help, others have seen it as an end to their careers.

Personal EffectIt is important that officers consider this element BEFORE an event takes place. Consider your own emotional and moral response to having to use deadly force.If involved in a deadly force incident, make yourself available for professional and lay person counseling. This could involve both counselors and peer groups.

Use of ForceThe use of force by a police officer beyond the point where resistance or physical attack ceases may constitute unnecessary or excessive force and may be construed as police brutality.(Rodney King case)

Legal IssuesInappropriate use of force could result in criminal charges, civil suits, and/or administrative charges against the officer and the civil action against the agency.Rodney King case is an example where the officers were charged criminally both on a state and federal level.

Legal IssuesThe best way to protect yourself is to understand the elements relating to the legal use of force.The agency protects itself by conducting training related to the use of force and having a policy for its members to follow.This training may be in classroom, decision-making and judgmental use of force practical exercises and other related type of training.

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Reporting Use of ForceEvery physical arrest involves some use of force. The mere touching of another is a use of force.Officers should document their use of force, however slight it might be, in their police report.Use of force resulting in medical treatment must be documented separately. (See 2.835)

Reporting Use of ForceUse of Force reports are required under the following circumstances:Draw and point firearms at persons;Discharge firearms, for other than training or recreational purposes;Take action that results in, or are alleged to have resulted in, injuries or death to other persons.Apply force through the use of lethal or less-than-lethal weapons.End of slide

192.835.05

Officer ResponsibilityInvolved Officer:Make required notifications and prepare necessary reports detailing the facts regarding uses of force or discharges.Reports must be completed prior to the end of the involved officers shift (supervisors to complete if officer is not able to do so.)Ensure appropriate medical aid is provided as needed; care & treatment of injuries; decontamination; increased observation for changes in condition.End of slide

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Officer ResponsibilityBackup Officers:Render / ensure first aid is provided.Alert communications, request medical and additional personnel as needed.Secure any suspect(s)Secure and protect sceneIdentify and/or detain witnessesRemain at scene until relieved by authority of a supervisor, unless unsafe to do so.End of slide

212.835.15

Firearms IssuesWearing and Carrying:May only carry their issued weapon, loaded with Departmentally supplied ammunition while on duty. Director of Public Safety may authorized you to carry other/additional weapons.Carried in a Service Ready Condition.End of slide

222.0825.05-25

Service Ready ConditionWeapon is clean and properly lubricated.All ammunition is present.Loaded magazine is inserted into the weapon, properly seated.Live round is chambered, ready to fire.End of slide

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FirearmsPlain Clothes:While on duty, keep the weapon concealed from public view unless on a crime scene.At a crime scene, badge must be clearly visible to the public, readily identifying themselves as police officers.

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242.825.25

Off-Duty WeaponsOD weapons are authorized, but not required.May carry duty weapon, or authorized off-duty weapon.Be mindful of the situation, clothing worn (ability to conceal), activity involved in, etc.Should be concealed from the public view.Authorized weapons must qualify both day and low light courses annually.Must be .40 cal., semi-automatic, Double Action Only (or similar trigger action).End of slide

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Use of FirearmsA.Officers are responsible for continuous and safe display, handling, cleanliness, and security of all issued and authorized firearms.B.Officers may discharge firearms only:1. To defend themselves or others when there is reasonable belief that there is imminent danger of death or serious physical injury;2. To apprehend fleeing persons when no reasonable alternatives for apprehension exist AND officers have probable cause to believe that the persons:a. Have committed crimes involving the infliction or threatened infliction of serious physical harm, ANDb. Pose imminent threats of serious physical harm to officers or to others;3. During agency mandated firearms training and re-qualification;4. For practice in areas where discharging firearms would not be unsafe or illegal; orEnd of slide

26Read this entire section of the manual.

Use of Firearms5.With supervisory or administrative approval as practical, to kill possibly rabid animals, dangerous animals, or animals so badly injured that humanity requires they be removed from further suffering, in accordance with the following:a. Owner permission must be obtained, whenever possible;b. Great care must be taken to protect the public from ricocheting bullets. Backstops must be certain;c. Killing of animals in the presence of children should be avoided;d. Heart and lung areas will be targeted, with headshots being avoided in case rabies tests are necessary; ande. Officers euthanizing possibly rabid animals will maintain control of the carcasses until Animal Control takes custody of the carcasses.End of slide

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Use of FirearmsC.Officers needing to discharge their firearms consistent with B.1 (defense) or B.2 (apprehension) of this sections must communicate to suspects their identities, desired actions for suspects to take, and officers intention to fire, unless circumstances are such that suspects are already aware of officers and their intentions or unless such communications cannot be reasonably made.

Discharging At VehiclesMost studies have shown that discharging firearms at a moving vehicle is NOT an effective manner in stopping the threat.Why Not?It can result in:Uncontrolled vehicleRicocheted roundsShooter standing fast instead of taking evasive action to get away from the vehicle.End of slide

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Test Your KnowledgeHere is an article on the Use of Force presented through PoliceOne.com. There is a question and Answer segment presented here also. See how you dohttp://www.policeone.com/pc_print.asp?vid=1666240

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End of Presentation

Exit this presentation and go to the testing area on Blackboard.

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