ACT FINAL

Graham vs. Conner: brief information

"the reasonableness of a particular use of force must be judged from the perspective of a reasonable officer at the scene," rather than with the 20/20 vision of hindsight. A determination of reasonableness must also include an allowance for the fact that police officers are often forced to make split-second judgments; in circumstances that are tense, uncertain, rapidly evolving; about the amount of force that is necessary in a particular situation.

Search then handcuff if called for, with two exceptions.....

(1) Prone - high risk felon (2) Fight is already on

Conducting a thorough, systematic search......

(1) covers all areas--efficient. (2) done the same way every time--less likely to miss an area. (3) quick, fluid, and thorough. (4) begin searching at the waistband since it is the most common place for a suspect to hide a weapon, and the easiest location from which to retrieve one.

Arrest is an emotional problem as well as physical one, examples for the subject:

(1) health (2) domestic problems (3) drugs and alcohol (4) mental illness (5) fear of the police (6) embarrassment (7) fired from job (8) does not want to go back to jail or prison (3rd strike)

Koga Premise 1; Key Elements (Legality)

(a) Consent: the person consents to your intrusion and is free to leave at any time. (b) Reasonable Suspicion: a reasonable police officer using his or her knowledge, training, and experience, perceives that criminal activity is present (one may stop and detain for further investigation for a "reasonable period of time"). (c) Probable Cause: legal standard to arrest

characteristics of control hold:

(a) application of a reasonable amount of pain to gain compliance--pain is used to direct, not punish (b) application of unnecessary force/pain after compliance usually causes the person to resist more (c) the suspect must be able to feel pain for the control holds to be effective

The D.R.P. is a technique used to defend yourself on the ground until you are able to get back up. It stands for:

* Defensive * Recovery * Position

R.C.A.T. stands for:

* Redirect * Control * Attack * Take away

6 Hazards of Approach:

1) Hands 2) Weapons 3) Friends and Associates 4) Escape Routes 5) Footing 6) Cover and Concealment

Batons of other manufacture: 1. Metal = ? 2.Plastic = ? 3.Rattan = ? 4.Collapsible = ?

1. (Lighter but dents, too heavy to make it not dent) 2. (Vibration) 3.------ 4. (plastic or metal) (Dents, bends)

Distance (Primary consideration)

1. 1 ½ of the suspect's arms length away from the subject. 2. Space must be maintained in a 360 degree circle around you. 3. Be aware of cultural differences. 4. Be aware of the distance awareness of ex cons. 5. Be aware that you cannot enter someone else's space without letting the other person in to yours. 6. Maintain a distance that allows you to see the subject from head to foot with your peripheral vision

Awareness

1. Be aware of your circumstances. 2. Be aware of your surroundings. 3. Be aware of any potential threats.

(Position of Interview) Awareness

1. Be aware of your circumstances. 2. Be aware of your surroundings. 3. Be aware of any potential threats. 4. General awareness rules and concept

Deciding on a searching technique.....

1. Circumstances of the contact. 2. Intel or knowledge that the suspect is armed. 3. Physical space and terrain available to conduct the search. 4. Size and physical skill of the suspect versus the officer. 5. Number of suspects and presence of cover officer.

Applications of force:

1. Controlling Force (physical control) 2. Injuring Force 3. Deadly Force (that force which could reasonably cause death

There are several reasons why it is not practical or safe for an officer to fight on the ground. These include:

1. HARDER for your COVER to find you. 2. TIGHT or CRAMPED SPACES inhibit movement. 3. Easier for SUSPECTS FRIENDS and ASSOCIATES to come to their aid. 4. HAZARDOUS OBJECTS on the ground may cause injury. 5. Most officers are out of SHAPE, get poor SLEEP, and have DECREASED reaction time and STAMINA. 6. The physical exertion involved leads quickly to EXHAUSTION. 7. Suspect may have more SKILL. 8. Officer's UNIFORM and EQUIPMENT not as functional on the ground

An attack may occur at three different body positions:

1. High zone: Head to solar plexus. 2. Middle zone: Solar plexus to groin. 3. Low zone: Groin to feet.

Common mistakes of cover officer

1. Interferes or Escalates --takes charge when not appropriate. 2. Becomes engaged and forgets cover officer roles. 3. Searches persons or vehicles at the same time as the primary officer. 4. Assumes a position where he cannot be of immediate assistance to the primary officer. 5. Separates from the primary officer during a chase or other time. 6. Places self or primary officer in to a position of disadvantage or crossfire. 7. Fails to intervene when a fellow officer is out of line. 8. Covers for inappropriate actions of the primary officer

A ground fight generally involves four positions:

1. Mount 2. Guard 3. Side Mount 4. Rear Mount

Vicarious Liability: 4 types

1. Negligent Hiring: poor quality of people employed by the agency 2. Negligent Training: substandard quality (not adequately or properly) training 3. Negligent Assignment: an officer is in an assignment in which he or she is incompetent, or has other problems 4. Negligent Retention: the agency keeps a problem person on the job, and more problems arise as a result

Three stances:

1. Neutral/Passive stance (Unprepared) 2. Interview stance (Prepared) 3. Fighting stance (Prepared)

Types of excessive force...

1. Perceived excessive force 2. Intentional excessive force 3. Unintentional excessive force

Considerations for cover officer

1. Protect primary officer from outside threats or interference. 2. Provide physical assistance to the primary officer if necessary. 3. Provide a psychological advantage by having more than one officer on the scene. 4. Observation while the primary officer conducts the "business." 5. Communicate with the primary officer

Leg hobbles.....

1. Reduces mobility and kicking of violent arrestees 2. Only tie the ankles together—Don't hogtie them--hogtying can also cause difficulty in breathing, especially if the subject is "bowed" backward and placed on their stomach (positional asphyxiation)

Different ways that might cause an officer to end up on the ground:

1. SUSPECT takes the OFFICER to the ground. 2. OFFICER takes the SUSPECT to the ground. 3. ENVIRONMENTAL conditions. 4. OFFICER is assaulted and falls to the ground. 5. OFFICER goes to assist a CONFRONTATION that is already on the ground.

There are seven basic combative techniques, they are:

1. Straight punch 2. Palm heel strike 3. Hammer fist 4. Elbow strikes 5. Knee strikes 6. 'A' frame kick 7. Push kick or front defensive kick

Searching members of the opposite sex....

1. There is no legal distinction between searching males and females. 2. Use common sense and maintain your professionalism. 3. Follow your department's policies.

Use of Force Paradigm....

1. Unlike a continuum which implies a successive progression through steps. 2. Parameters in which an officer has options to respond appropriately, which includes reasonable application of force. 3. The officer must be able to evaluate and recognize the problem or potential threat, then apply the appropriate tool for the situation rather than the sliding scale of the Use of Force Continuum. The use of force is not an exact science.

Flex cuffs.....

1. Use when there are not enough cuffs to go around 2. Use when the suspect's wrists are too large 3. Use caution when applying--they usually require two hands 4. Take care how snugly you apply them 5. Recommended to use one flex cuff for each wrist instead of a single one to bind the wrists together 6. Never use a knife to remove the flex cuffs--before you use them you should insure you have access to a special cutting tool

Balance

1. Weak foot forward, strong leg back approximately shoulder width apart. 2. Knees remain slightly bent. 3. Put the majority of your weight toward the balls of your feet. 4. Turn your gun side away from the subject

Police Liabilities and Obligations; Federal Civil (Based on U.S. 1983

1. can be based on negligent or intentional acts a) Compensatory damages b) Punitive damages

Some principles in the exercising of force option....

1. each officer will have to use his or her judgment based on level of skill, confidence in those skills, and experience to select the appropriate level of force to control the situation 2. even though many departments have a sliding scale, the use of force is not so cut and dried 3. 18-1-707: Any peace officer who has reasonable cause to believe that the person to be arrested has committed a public offense may use a reasonable amount of force to effect the arrest, to prevent escape, or to overcome resistancece. A peace officer who makes or attempts to make an arrest need not retreat or desist from his efforts by reason of the resistance or threatened resistance of the person being arrested; nor shall the officer be deemed the aggressor or lose his right to self-defense by the use of reasonable force to effect the arrest or to prevent escape or to overcome resistance. 4. In addition to recognizing the need to escalate the level of force, you must also make a conscious decision to de-escalate that force once the suspect submits or is controlle

Police Liabilities and Obligations; State civil:

1. imprisonment and/or fine

Police Liabilities and Obligations; Departmental:

1. oral or written reprimand 2. suspension 3. demotion 4. termination 5. unfounded

Police Liabilities and Obligations; Moral and Ethical:

1. personal shame, embarrassment, loss of reputation 2. embarrassment to family and friends 3. embarrassment to agency and profession 4. damage to community perception of agency and profession 5. living with your own actions

Police Liabilities and Obligations; State criminal:

1. prosecution for violation of state criminal statutes 2. imprisonment and/or fine

Options in the use of force:

1. verbal skills and command presence 2. firm grip 3. pain compliance control holds 4. mace, pepper spray, other chemicals 5. electrical devices 6. personal weapons (using parts of your body to strike) 7. impact weapons 8. use of canine units 9. neck restraints 10. deadly force 11. mounted units

Koga Principle 1 : 3 premises

1.The police role in physical arrest is defensive 2.Arrest is an emotional problem as well as a physical one 3.The mind and body are one

Controlling the emotions response with confidence. By:

1.gaining knowledge, skill and ability through: (a) Proper training (in content) (b) Adequate training (time to develop) (c) Consistent training (on-going /foundation (2) practice of skills (3) exposure to a wide range of experiences (4) calming the mind

CIRCUMSTANCES MIGHT JUSTIFY USE OF THE BATON: We recommend a minimum of ____?____training in the basic baton techniques to become proficient in its use. (limited techniques)

24 hours

Police Liabilities and Obligations; Vicarious Liability:

A person may be held liable for the acts of another by virtue of one's position of authority over another, when it can be shown the person was negligent in the performance of his or her duties.

RULES FOR BATON EMPLOYMENT; Target areas: Lower leg, the_____?______ , chest, mid section/solar plexus, ribs (rib cage)

Arms

COMBATIVES are the use of personal ..........

BODY weapons to DEFEND and COUNTER ATTACK against subjects who use PHYSICAL FORCE to AGGRESSIVELY RESIST or ATTACK a Peace Officer.

RULES FOR BATON EMPLOYMENT; Target areas: As a general rule, in relationship to the suspect, the baton should be held ______?______ the suspect and the officer. This can provide a defensive buffer for more rapid deployment

Between

City of Canton v. Harris

Case Law : A governmental entity may also be held liable under Section 1983 of the US Code for constitutional violations resulting from a failure to train municipal employee

Commonwealth v. Adam

Case Law : Failure to intervene in a beating being performed by another officer also places you in jeopard

RULES FOR BATON EMPLOYMENT: It is important to understand that the ____?____ that are enumerated are just that, cautions. They are ____?____ primary targets to strike, but at the same time, if an officer is involved in an all out fight with a violent suspect or suspects and an area is struck accidentally that was mentioned above, this does not automatically mean that the officer is wrong. Each case will be scrutinized on its own merits.

Cautions, not

RULES FOR BATON EMPLOYMENT; Target areas: Lower leg, the arms, the ____?____ , mid section/solar plexus, ribs(rib cage)

Chest (avoid heart, if only target you have, justified to use it)

Define Combatives

Combatives are authorized for use in Violently Resisting Subjects If you can articulate other means are not practical, available, or effective.

ACT objective?

Control of self, subject and situation

RULES FOR BATON EMPLOYMENT: Remember always that the admonitions are for situations over which you have ______?_____ but, _____?______ preclude using any means for survival, when in the mind of the officer the situation is a life or death struggle.

Control, do not

Position of Interview (Contacting Subjects)

Distance, Balance, Awereness

RULES FOR BATON EMPLOYMENT: _____?_____ use a solid object against a subject's _____?_____. A baton has no _____?_____, and it is very difficult to gauge how much pressure is being applied. A baton can easily crush a person's trachea or larynx if pressure is put on a subject's throat.

Do not, neck, sensitivity

Types of control....

General control, Physical Control

RULES FOR BATON EMPLOYMENT (EIGHT AREAS OF THE BODY TO AVOID STRIKING WITH THE BATON):

Head = (SBI or death / scalp cuts easily and bleeds profusely / might just stun the assailant, numbing his senses and making him impervious to pain / head is the easiest portion of the body to defend and could grab baton causing struggle) Neck = (could fracture a vertebra, leading to paralysis or death / could rupture the jugular vein or the carotid artery, causing uncontrolable bleeding / plaque loose and possible stroke / sides of the neck are the carotid sinus and vagus nerves; damage resulting from a blow could result in irregular heart activity and death. ) Throat = (fracture or crush the trachea, hyoid bone, thyroid or cricoid cartilages, or the larynx, possible death) Kidney = ( could lead to fatal bleeding or permanent impairment of function) Spine = (damage vertebra, paralysis or death) Groin = (may not be effective) Heart = (Possible heart stoppage) Knee/Elbow Joint = (irreversible crippling injury)

RULES FOR BATON EMPLOYMENT; Target areas: the lower ____?____, which are the most difficult to defend, and very effective for putting an aggressor down; _____?_____

Lower leg, (Rear: target back of knee)

RULES FOR BATON EMPLOYMENT: Case Law San Jose case and policy of major departments--Baltimore, MD

Officers repeatedly hit knee

ways a subject may distract you:

Overly Cooperative, Overly Antagonistic/confrontational, Moving/with multiple suspects to get a better position on the officer(s)

______?_______ means only that force necessary for the officer to take a violator safely into custody.

Reasonable & appropriate

CIRCUMSTANCES MIGHT JUSTIFY USE OF THE BATON: Tactical considerations such as in a ____?_____

Riot

this object for searching is not recommended

Wall or any other solid object

RULES FOR BATON EMPLOYMENT; Target areas: The primary consideration in the effectiveness of the baton is________?________. Use full-body movements with your hips, legs and feet moving in conjunction with the rest of your body.

Your balance

Finding a gun during the search....

a) Alert your partner if a weapon is found. b) If a gun is found, and you can easily remove it, remove the gun, take the person to the ground, draw your own weapon as you back away and command the subject to assume the prone search position. c) If a gun is found, and you cannot easily remove it, take the subject to the ground with control

Koga Method - Searching Techniques:

a) Cursory Searching Technique b) Standing Modified Searching Technique c) Kneeling Searching Technique d) Prone Searching Technique

Searching females; considerations:

a) Department policy b) Is the person wearing clothing capable of concealing a weapon? c) What is the nature of the crime? d) Is there a weapon involved in the crime? e) Do you have knowledge that the person is known to carry weapons?

Application of handcuff....

a) Establish a degree of physical control over the suspect before applying handcuffs b) Carry your handcuffs where they can easily be reached with either hand. c) Clear the wrist of any clothing prior to cuffing d) Align the cuff properly, keeping in mind the oblong shape of the wrist and cuffs e) Do n't slap or strike the wrist with the cuff--press the cuff over the wrist f) Apply the cuffs snugly, but not too tightly—try not to depress the skin on wrist more than necessary - large wrists will always be a problem. g) Handcuff subjects behind the back. Large suspects may require double cuffing. h) Double-lock the handcuffs prior to transport. This minimizes injury to wrist when solid bar closes down. i) Do not worry about the positioning of the keyhole

Handcuffs are a temporary restraint.....

a) Handcuffed subjects are still a danger/threat. b) Handcuffed subjects can still attack you with or without weapons, or escape

Removal of handcuffs.....

a) Secure your weapon prior to removal of cuffs if possible b) Give yourself a margin of safety and control when removing them c) Close the loose cuff up so it cannot be used as a weapon

Handcuffs are a suppressive measure used to hinder the suspect from:

a) attacking b) escaping c) causing self-inflicted injury d) destroying evidence or contraband

General awareness rules and concepts:

a) have an understanding of why you are doing thing b) when you give someone a lawful order, you must be - mentally and physically prepared to back it up--you must also know how you will back it up c) plan ahead to know what you are going to do once you put your hands on someone--expect a reaction. d) be aware of your own limitations (physically, tactically, legally) e) recognize the limitations of your equipment--maintain your equipment properly f) don't hesitate too much when action needs to be taken g) don't over extend yourself h) don't accept challenges from the subject i) don't take verbal abuse personally j) don't underestimate a suspect, or show them disrespect

Establish a good searching position that provides you with an......

advantage and a margin of safety

CIRCUMSTANCES MIGHT JUSTIFY USE OF THE BATON: Koga Baton Techniques.....

are the result of years of research and development, both in training classes and in the field.

CIRCUMSTANCES MIGHT JUSTIFY USE OF THE BATON: The suspect is _______?_________ or someone else and tactically there was no other way to ______?______with the suspect to keep the suspect from injuring you or someone else

attacking, stop and deal

when your mind and body are.....

coordinated, you are strongest.

CIRCUMSTANCES MIGHT JUSTIFY USE OF THE BATON: The use of chemical or electronic devices is not ______?______ or ______?______ to gain control of the subject

feasible, practical

Use a grasp and......

feel type search with the fingers— don't search with the back or blade areas. of the hand, or pat over areas

Purpose of a Searching Technique is to.....

give the officer a margin of safety

Restraining devices...

handcuffs, flex cuffs, leg hobbles

Be aware of multiple......

layers of clothing

RULES FOR BATON EMPLOYMENT: The best TARGET AREAS when striking an aggressor with a baton are those which are easily accessible

lower leg, chest, arms, mid-section/solar plexus, ribs (rib cage),

RULES FOR BATON EMPLOYMENT; Target areas: Lower leg, the arms, the chest,ribs(rib cage), the _______?________

mid-section/solar plexus

Lag time....

mind receiving a stimulus through one of the sense, and the time necessary to generate a response

CIRCUMSTANCES MIGHT JUSTIFY USE OF THE BATON: Deadly force was ____?____ called for at this time

not

when your mind and body are not coordinated.....

not coordinated, you are weak and vulnerable

Appropriateness......

of the force (for the circumstances)

Search from the rear......

of the suspect, not the front

you can concentrate on only.....

one thing at a time

CIRCUMSTANCES MIGHT JUSTIFY USE OF THE BATON: The officer is _____?______

out numbered

Always conduct your......

own search when you accept a prisoner from another office

Have a subject put down.....

packages, purses and backpacks prior to searching

Distractions interrupt the coordination between the mind and body....

people are weaker and more vulnerable when they are distracted

Koga Premise 1; Amount of force use.....

reasonableness

RULES FOR BATON EMPLOYMENT; Target areas: Lower leg, the arms, the chest, mid section/solar plexus, the _______?________

ribs (rib cage)

When an officer takes away a suspects gun they.......

should tap, rack, assess or transition to their gun.

CIRCUMSTANCES MIGHT JUSTIFY USE OF THE BATON: The suspect has a ________?_______ such as a knife, club, bottle, etc...

similar weapon

CIRCUMSTANCES MIGHT JUSTIFY USE OF THE BATON: The suspect has displayed ______?______ skill, ability and strength for you to overcome with hands-on methods alone.

superior

Response is.....

taking action based upon conscious thought (training)

Reaction is.....

taking action without conscious thought (no training)

When an officer takes away their own gun from a suspect they should ......

tap, rack, assess.

General control:

that degree of influence you must exert over a violator to take him safely in to custody(suspect still has an option)

Physical Control:

the application of a specific control hold or technique which allows the offender to only move in that direction and manner you, the officer choose (the suspect realistically has no option to attack, escape, or otherwise be a threat to the office)

For all firearm defenses once the officer is out of the line of fire.......

they must stay out of the line of fire!

Koga Premise 1; Offensive means.....

to attack or to be aggressive

Purpose of a Search:

to locate weapons and/or contraband

Koga Premise 1; Defensive means.....

to protect from danger, attack or harm; to shield, repel, or to guard

CIRCUMSTANCES MIGHT JUSTIFY USE OF THE BATON: Remember, the most important part of the baton is the ____?____. The officer carrying the baton is the one who uses is properly or improperly. The baton itself is just a stick. The key to proper use is _____?_____, and that is what we are here to provide you

user, training

CIRCUMSTANCES MIGHT JUSTIFY USE OF THE BATON: You have a _______?________ resisting suspect and you have _______?_______ lower levels of force or control, and were _______?_______ to control or stop the suspect.

violently, attempted, unable

Search with one hand.....

while maintaining contact and/or control with the other

CIRCUMSTANCES MIGHT JUSTIFY USE OF THE BATON: Documentation and explanation of the circumstances and reasons for using the baton should be required by department regulations, and will almost certainly also be examined by the courts. You must be prepared to explain ____?____ it was necessary____?_____ for you to use the baton.

why, necessary