Arrest and Control Procedures

Superior Court of Los Angeles County, filed June 21, 2001, jury award, November 19, 2003, reported in the Los Angeles Times, November 20, 2003, for instance, a surgeon was initially awarded $33 million in damages for permanent nerve damage to hand, resulting in inability to perform surgery unassisted, following tight handcuffing when he detained by Los Angeles police officers who mistakenly believed that the rental car he was driving was stolen.

Gousse v. City of Los Angeles

__________ ____________ consists of being prepared to control your own emotional and physical self, and then to restrain the violator and, ultimately, the situation, not allowing the emotional level to overcome your self-control and balance.

Mental balance

PC Sec. 46.15. NONAPPLICABILITY (a) Sections 46.02 (UNLAWFUL CARRYING WEAPONS) and 46.03 (PLACES WEAPONS PROHIBITED) do not apply to: (7) an assistant United States attorney, assistant attorney general, assistant district attorney, assistant criminal district attorney, or assistant county attorney who is licensed to carry a ___________ under Subchapter H, Chapter 411, Government Code;

handgun

Techniques of applying handcuffs and other restraining devices · Prone Body Search

· Face down · Arms extended outward · Legs spread

Three basic concepts of weaponless strategies:

- Self-Control - Balance - Awareness

Disadvantage of Side approach (on foot) of suspect:

- cannot observe all movement; - reduces surprise

Advantages of Rear approach (on foot) of suspect:

- surprise - reduces probability of direct attack

Justification of baton use

- totality of the circumstances - suspect/officer physical stature - suspect/officer skill level - suspect history of violence - need for immediate control of the suspect or situation

Handcuffing too tightly and failing to double-lock the handcuffs may lead to an excessive force claim when the officers have been placed on notice of a suspect's complaints, especially if the suspect expresses a medical condition aggravated by the handcuffs.

Baskin v. Smith (6th Cir. 2002)

CCP Sec. 14.06 MUST TAKE OFFENDER BEFORE MAGISTRATE (b) A peace officer who is charging a person, including a child, with committing an offense that is a Class _______ misdemeanor, other than an offense under Section 49.02 (public intoxication), Penal Code, may, instead of taking the person before a magistrate, issue a ___________ to the person that contains: (1) written notice of the time and place the person must appear before a magistrate; (2) the name and address of the person charged; (3) the offense charged; (4) information regarding the alternatives to the full payment of any fine or costs assessed against the person, if the person is convicted of the offense and is unable to pay that amount; and (5) the following admonishment, in boldfaced or underlined type or in capital letters: "If you are convicted of a misdemeanor offense involving violence where you are or were a spouse, intimate partner, parent, or guardian of the victim or are or were involved in another, similar relationship with the victim, it may be unlawful for you to possess or purchase a firearm, including a handgun or long gun, or ammunition, pursuant to federal law under 18 U.S.C. Section 922(g)(9) or Section 46.04(b), Texas Penal Code. If you have any questions whether these laws make it illegal for you to possess or purchase a firearm, you should consult an attorney."

C; citation

IMPACT WEAPONS PC Sec. 46.01. DEFINITIONS. In this chapter: (1) "_________" means an instrument that is specially designed, made, or adapted for the purpose of inflicting serious bodily injury or death by striking a person with the instrument, and includes but is not limited to the following: (A) blackjack; (B) nightstick; (C) mace; (D) tomahawk.

Club

Techniques of applying handcuffs and other restraining devices · Special Search Considerations

Consult departmental policy for searching suspects

_______________ are a temporary restraining device only

Handcuffs

_____________ weapons may be used in lawful situations requiring a degree of force greater than the use of weaponless strategies but less than the use of deadly weapons/force. [(Penal Code, 46.01(1), 46.15.]

Impact

Techniques of applying handcuffs and other restraining devices:

Let your hands do the searching. Officers' eyes should be on subject to observe movement. The advantage of holding suspect's waistband from the rear is officer safety. Should the suspect attempt resistance, (s) he can be pulled backward or pushed forward, giving the officer an opportunity to step away.

Balance (Three basic concepts of weaponless strategies)

Mental balance consists of being prepared to control your own emotional and physical self, and then to restrain the violator and, ultimately, the situation, not allowing the emotional level to overcome your self-control and balance. Physical balance is the position that allows you the ability to move while maintaining balance, strength, and advantage. Proper positioning includes staying just outside the suspect's reach but where you can view everything, with your gun side away from the suspect and with a balanced stance.

________________ force means force not likely to cause death or great bodily harm

Non-deadly

Use of non-deadly force:

Non-deadly force means force not likely to cause death or great bodily harm and can be used if in using non-deadly force you reasonably believed that such conduct was necessary to defend yourself or another against an attacker's imminent use of unlawful force and the use of unlawful force by the attacker appeared ready to take place.

Awareness (Three basic concepts of weaponless strategies)

Observe the entire situation and be aware of where the suspect's hands are weapons, associates or relatives of the suspect, escape routes for the suspect, and your own footing.

Use of deadly force:

Peace officers may use deadly force to protect themselves or others when and to the degree they reasonably believe an immediate threat of death or serious bodily injury exists. - PC 9.32, 9.33. 9.51(a) and 9.51(g)

___________ ___________ is the position that allows you the ability to move while maintaining balance, strength, and advantage. Proper positioning includes staying just outside the suspect's reach but where you can view everything, with your gun side away from the suspect and with a balanced stance.

Physical balance

Techniques of applying handcuffs and other restraining devices · Standing Body Wall Search

Suspect is standing facing a wall or other barrier

Basic concepts of weapons retention:

The number of officers shot with their own weapon is reason enough for the need for training in weapons retention. A discussion of various techniques/concepts as well as advantages and disadvantages of those techniques and concepts is an important step toward that training.

Self-Control (Three basic concepts of weaponless strategies)

The police role in a physical arrest is essentially to protect the public and to take the violator into custody. It is important for the officer to maintain physical and emotional control to ensure the safety of the officer, the arrestee, and the public.

Finding that officers were not entitled to qualified immunity on claims that they used excessive force in unduly tightening an arrestee's handcuffs.

Vondrak v. City of Las Cruces, (10th Cir. 2008)

Basic concepts of weapons retention

Weapons retention should be determined by agency policy, equipment, and defensive tactics.

PC Sec. 46.15. NONAPPLICABILITY (a) Sections 46.02 (UNLAWFUL CARRYING WEAPONS) and 46.03 (PLACES WEAPONS PROHIBITED) do not apply to: (3) community supervision and corrections department officers appointed or employed under Section 76.004, Government Code, and neither section prohibits an officer from carrying a weapon in this state if the officer is: (A) engaged in the actual discharge of the officer's duties while carrying the weapon; and (B) _____________ to carry a weapon under Section 76.0051, Government Code;

authorized

Observe the entire situation and be ___________ of where the suspect's hands are, weapons, associates or relatives of the suspect, escape routes for the suspect, and your own footing.

aware

A ____________ is classified as a weapon capable of inflicting serious bodily injury or death

baton

When an officer is a member of a tactical squad in a crowd or riot control formation, the _________ may be used to move, separate, disperse or deny a person access to a structure or through an area.

baton

When an officer is assaulted by an unarmed suspect, the __________ can be used to disable the suspect or to defend against an assault.

baton

When an officer is attacked by a suspect armed with a non-firearm type weapon, the officer may use the ___________ or disarm, distract, or disable the suspect, or to hold the suspect at bay until additional assistance arrives.

baton

When the officer is confronted by several suspects who are threatening the officer, when the suspects are capable of carrying out the threats, and when they make an overt act to carry out the threats, the officer may use the ___________ to fend off an attack or assault and make an arrest.

baton

An advantage of Direct approach (on foot) of suspect:

can observe all movements of suspect

PC Sec. 46.15. NONAPPLICABILITY (b) Section 46.02 (UNLAWFUL CARRYING WEAPONS) does not apply to a person who: (2) is traveling; (3) is engaging in lawful hunting, fishing, or other sporting activity on the immediate premises where the activity is conducted, or is en route between the premises and the actor's residence, motor vehicle, or watercraft, if the weapon is a type ______________ used in the activity;

commonly

Do not intentionally use a baton to strike at the head or throat unless the situation has escalated to a _________ ____________ situation.

deadly force

PC Sec. 46.15. NONAPPLICABILITY (b) Section 46.02 (UNLAWFUL CARRYING WEAPONS) does not apply to a person who: (1) is in the actual ______________ of official duties as a member of the armed forces or state military forces as defined by Section 437.001, Government Code, or as a guard employed by a penal institution;

discharge

PC Sec. 46.15. NONAPPLICABILITY (a) Sections 46.02 (UNLAWFUL CARRYING WEAPONS) and 46.03 (PLACES WEAPONS PROHIBITED) do not apply to: (8) a bailiff designated by an active judicial officer as defined by Section 411.201, Government Code, who is: (A) licensed to carry a handgun under Subchapter H, Chapter 411, Government Code; and (B) engaged in _____________ the judicial officer;

escorting

PC Sec. 46.15. NONAPPLICABILITY (a) Sections 46.02 (UNLAWFUL CARRYING WEAPONS) and 46.03 (PLACES WEAPONS PROHIBITED) do not apply to: (9) a juvenile probation officer who is authorized to carry a ____________ under Section 142.006, Human Resources Code; or (10) a person who is volunteer emergency services personnel if the person is: (A) carrying a handgun under the authority of Subchapter H, Chapter 411, Government Code; and (B) engaged in providing _______________ services.

firearm; emergency

PC Sec. 46.15. NONAPPLICABILITY (a) Sections 46.02 (UNLAWFUL CARRYING WEAPONS) and 46.03 (PLACES WEAPONS PROHIBITED) do not apply to: (4) an active judicial officer as defined by Section 411.201, Government Code, who is licensed to carry a ____________ under Subchapter H, Chapter 411, Government Code;

handgun

PC Sec. 46.15. NONAPPLICABILITY (a) Sections 46.02 (UNLAWFUL CARRYING WEAPONS) and 46.03 (PLACES WEAPONS PROHIBITED) do not apply to: (6) the attorney general or a United States attorney, district attorney, criminal district attorney, county attorney, or municipal attorney who is _____________ to carry a handgun under Subchapter H, Chapter 411, Government Code;

licensed

If attacked, move out of the __________ of force rather than try to stop the force (Principles of Self-defense)

line

Disadvantage of Direct approach (on foot) of suspect:

lose surprise element and vulnerable to resistance

Officers' eyes should be on subject to observe ____________.

movement

Can be used if in using _______________ force you reasonably believed that such conduct was necessary to defend yourself or another against an attacker's imminent use of unlawful force and the use of unlawful force by the attacker appeared ready to take place.

non-deadly

Baton Non-strike areas

o above plane of shoulders o groin o center of back (spine) / kidney area o pectoral region (chest)

Baton strike areas:

o center mass of arms o center mass of legs o abdomen

Various methods of approaching, confronting, and interviewing the suspect. Interviewing subject(s): · one officer

o observe all of the subject's actions o gun side away from subject o non-restricted physical position to allow movement o hands free of unnecessary items

Various methods of approaching, confronting, and interviewing the suspect. Interviewing subject(s): · two officers

o same as one officer o V position o one officer in command

Justification of baton use Consider the need for immediate control of the suspect(s) or situation due to tactical determinations such as:

o the officer's perception of the suspect's knowledge or apparent knowledge of a fighting form o the assumption of an aggressive stance by the suspect o the suspect's inability to be restrained by lesser means due to the influence of alcohol and/or other drugs. (Penal Code, Section 9.51)

PC Sec. 46.15. NONAPPLICABILITY (a) Sections 46.02 (UNLAWFUL CARRYING WEAPONS) and 46.03 (PLACES WEAPONS PROHIBITED) do not apply to: (5) an honorably retired peace officer or other qualified retired law enforcement officer, as defined by 18 U.S.C. Section 926C, who holds a certificate of proficiency issued under Section 1701.357, Occupations Code, and is carrying a ___________ identification that is issued by a federal, state, or local law enforcement agency, as applicable, and that verifies that the officer is an honorably retired peace officer or other qualified retired law enforcement officer;

photo

The police role in a physical arrest is essentially to protect the public and to take the violator into custody. It is important for the officer to maintain ___________ and ____________ control to ensure the safety of the officer, the arrestee, and the public. (Self-Control)

physical; emotional

PC Sec. 46.15. NONAPPLICABILITY (a) Sections 46.02 (UNLAWFUL CARRYING WEAPONS) and 46.03 (PLACES WEAPONS PROHIBITED) do not apply to: (2) parole officers, and neither section prohibits an officer from carrying a weapon in this state if the officer is: (A) engaged in the actual discharge of the officer's duties while carrying the weapon; and (B) in compliance with policies and procedures adopted by the Texas Department of Criminal Justice regarding the _____________ of a weapon by an officer while on duty;

possession

PC Sec. 46.15. NONAPPLICABILITY (a) Sections 46.02 (UNLAWFUL CARRYING WEAPONS) and 46.03 (PLACES WEAPONS PROHIBITED) do not apply to: (1) peace officers or special investigators under Article 2.122, Code of Criminal Procedure, and neither section ____________ a peace officer or special investigator from carrying a weapon in this state, including in an establishment in this state serving the ___________, regardless of whether the peace officer or special investigator is engaged in the actual discharge of the officer's or investigator's duties while carrying the weapon;

prohibits; public

Proper positioning includes staying just outside the suspect's ___________ but where you can view everything, with your gun side away from the suspect and with a ____________ stance.

reach; balanced

Maintain the proper distance to allow yourself adequate ____________ time (Principles of Self-defense)

reaction

When the officer is confronted by a suspect(s) who the officer has _______________ cause to believe committed a crime, and the suspect(s) refuses or fails to comply with the verbal commands prior to searching or handcuffing, the __________ may be used to obtain compliance.

reasonable; baton

The number of officers shot with their own weapon is reason enough for the need for training in weapons _____________. A discussion of various techniques/concepts as well as advantages and disadvantages of those techniques and concepts is an important step toward that training.

retention

Weapons ____________ should be determined by agency policy, equipment, and defensive tactics.

retention

Let your hands do the _____________.

searching

An advantage of Side approach (on foot) of suspect:

suspect off balance

The officer has the burden to justify the use of a baton by the _____________ of the circumstances

totality

Methods of escorting and transporting suspects Because of the danger involved for the officer, one officer should not attempt to _____________ more than one prisoner at a time without access to special transporting equipment.

transport

PC Sec. 46.15. NONAPPLICABILITY (b) Section 46.02 (UNLAWFUL CARRYING WEAPONS) does not apply to a person who: (4) holds a security officer commission issued by the Texas Private Security Board, if the person is engaged in the performance of the person's duties as an officer commissioned under Chapter 1702, Occupations Code, or is _____________ to or from the person's place of assignment and is wearing the officer's uniform and carrying the officer's weapon in __________ view;

traveling; plain

PC Sec. 46.15. NONAPPLICABILITY (b) Section 46.02 (UNLAWFUL CARRYING WEAPONS) does not apply to a person who: (5) acts as a personal protection officer and carries the person's security officer commission and personal protection officer authorization, if the person: (A) is engaged in the performance of the person's duties as a personal protection officer under Chapter 1702, Occupations Code, or is ______________ to or from the person's place of assignment; and (B) is either: (i) wearing the ___________ of a security officer, including any uniform or apparel described by Section 1702.323(d), Occupations Code, and carrying the officer's weapon in plain view; or (ii) not wearing the uniform of a security officer and carrying the officer's weapon in a concealed manner;

traveling; uniform

The advantage of holding suspect's ______________ from the rear is officer safety. Should the suspect attempt resistance, (s) he can be pulled backward or pushed forward, giving the officer an opportunity to step away.

waistband

Methods of escorting and transporting suspects For officer safety, a peace officer should search the seating or carrying area of his/her vehicle for ______________ or contraband when going on duty and also after each prisoner transport is completed.

weapons

Various methods of approaching, confronting, and interviewing the suspect. Direct approach (on foot):

· Advantage - observe all movements · Disadvantage - lose surprise element and vulnerable to resistance

Various methods of approaching, confronting, and interviewing the suspect. Side approach (on foot):

· Advantage - suspect off balance · Disadvantage - cannot observe all movement; reduces surprise

Various methods of approaching, confronting, and interviewing the suspect. Rear approach (on foot):

· Advantages- surprise; reduces probability of direct attack · Disadvantage - may provoke physical response in defense of him/her self

Methods of weapons defense Tactical Transition

· Chemical and Electrical Devices · Impact weapons

Various methods of approaching, confronting, and interviewing the suspect:

· Direct approach (on foot) · Rear approach (on foot) · Side approach (on foot) · One vs. two officers (on foot) · Interviewing subject(s) · Physical contact - position · Frisk, if justified · Arrest

Various methods of approaching, confronting, and interviewing the suspect. Arrest:

· In clear language, advise the subject of the reason for the arrest. Subjects may resist officers simply because they don't understand the nature of the arrest.

Factors influencing discretionary authority:

· Officer discretion in arrest/non-arrest situation · Ascertained likelihood of behavioral disorders · CCP Sec. 14.06(b)

Techniques of applying handcuffs and other restraining devices · Kneeling Body Search

· On knees · Legs crossed

Methods of escorting and transporting suspects Walking:

· One officer, one suspect · One officer, two suspects · Two officers, one suspect · Two officers, two suspects

Methods of escorting and transporting suspects Transporting

· One officer, one suspect · Two officers, one suspect · Two officers, two suspects

Methods of applying handcuffs and other restraining devices

· Positions · One suspect · Two suspects and one set of handcuffs · Two suspects and two sets of handcuffs · Supplements to handcuffs

Principles of Self-defense:

· Prevention · Be aware of potential dangers · Avoid overextending yourself · Maintain the proper distance to allow yourself adequate reaction time · If attacked, move out of the line of force rather than try to stop the force

Guidelines for baton use:

· Should normally be positioned between the officer and the suspect · Maintain a good defensive position whether left-or right-handed · Do not intentionally use a baton to strike at the head or throat unless the situation has escalated to a deadly force situation.

Techniques of applying handcuffs and other restraining devices

· Standing Body Search · Prone Body Search · Kneeling Body Search · Standing Body Wall Search

Risk factors and appropriate response Risk factors:

· Suspect's mental attitude/behavioral disorders · Time and location · Intoxication · Spectators supportive attitude toward subject · Officer attitude

Methods of weapons defense Chemical and Electrical Devices:

· Taser · OC pepper spray · similar weapons

Justification of baton use:

· The officer has the burden to justify the use of a baton by the totality of the circumstances · Consider the physical stature of the suspect(s) as compared to the officer · Consider the skill level of suspect (martial arts) or history of violence · Consider the need for immediate control of the suspect(s) or situation due to tactical determinations

Methods of weaponless defense Weaponless Strategies:

· Touching · Striking (open hand and closed fist) · joint-locking · pressure points · hand strikes and foot strikes · blocks (hands, arms, legs)

Various methods of approaching, confronting, and interviewing the suspect. One vs. two officers (on foot):

· Visual contact with each other · Approach should be spread in V formation · Plan confrontation · Communicate · One officer in charge · Side officer keep hands free, gun away from suspect, observe suspect hands

Situations which may necessitate the use of a baton or impact weapon:

· When an officer is a member of a tactical squad in a crowd or riot control formation, the baton may be used to move, separate, disperse or deny a person access to a structure or through an area. · When an officer is attacked by a suspect armed with a non-firearm type weapon, the officer may use the baton or disarm, distract, or disable the suspect, or to hold the suspect at bay until additional assistance arrives. · When an officer is assaulted by an unarmed suspect, the baton can be used to disable the suspect or to defend against an assault. · When the officer is confronted by several suspects who are threatening the officer, when the suspects are capable of carrying out the threats, and when they make an overt act to carry out the threats, the officer may use the baton to fend off an attack or assault and make an arrest. · When the officer is confronted by a suspect(s) who the officer has reasonable cause to believe committed a crime, and the suspect(s) refuses or fails to comply with the verbal commands prior to searching or handcuffing, the baton may be used to obtain compliance.

Methods of weaponless defense Ground Techniques:

· base get up · full guard position · full mount position · trap and roll · side mount

Relate deadly force to:

· empty hand techniques · control weapons · chemical and electrical devices · firearms · vehicles · other topics (Penal Code, units dealing with arrest)

Techniques of applying handcuffs and other restraining devices · Standing Body Search

· from the rear · watch the arms · one holding suspect's waistband from the rear · search with free hand

Methods of applying handcuffs and other restraining devices · Two suspects and two sets of handcuffs

· hands to rear · arms interlocking · palms out · handcuffs double-locked

Methods of applying handcuffs and other restraining devices · One suspect

· hands to rear · palms out · handcuffs double-locked · in an emergency, apply in any manner possible

Ability to affect an arrest Components

· keeping prisoner in sight · maintaining control (escort positions, verbal communication) · handcuffing · standing a cuffed suspect up from prone, kneeling in a safe and efficient manner · assessing safety, communication and de-escalation · transporting

Considerations for a frisk

· one officer vs. two officers · stress safety · clothing, heavy clothing vs beach attire · stress pat down vs. search

Methods of applying handcuffs and other restraining devices · Two suspects and one set of handcuffs

· right hand to right hand · left hand to left hand · this procedure causes them difficulty in running

Methods of applying handcuffs and other restraining devices · Positions

· standing · sitting · prone · kneeling

Methods of weapons defense Impact weapons:

· straight baton · expandable baton · side handle baton · similar weapons

Methods of applying handcuffs and other restraining devices · Supplements to handcuffs

· tie · belt · shoelaces · strips of cloth · plastic handcuffs

Various methods of approaching, confronting, and interviewing the suspect. Physical contact - position:

· to side or rear of subject when possible · subject should be off balance · keep subject verbally informed of your actions and expectations

Various methods of approaching, confronting, and interviewing the suspect. Frisk, if justified, for:

· weapons: officer and/or public safety