Use of Force MPTC <\/p>\n\n\n\n
Define Force
Any action, with or without a weapon, used by offenders to resist and police to stop.<\/p>\n\n\n\n
Define non-deadly force
Any force neither intended nor likely to cause serious bodily injury or death<\/p>\n\n\n\n
Define deadly force
Physical force that can be reasonably expected to cause death or serious bodily injury<\/p>\n\n\n\n
When can an officer use deadly force in Massachusetts?<\/p>\n\n\n\n
Bodily Harm
injury does not pose or create a substantial risk of death, permanent disfigurement or significant loss or impairment<\/p>\n\n\n\n
Serious bodily injury
Permanent disfigurement
Long-term loss of bodily function, limb or organ
Causes a substantial risk of death.<\/p>\n\n\n\n
Graham vs Connor
Judged from the perspective of a reasonable officer on the scene rather than the 20\/20 vision of hindsight.. *Reasonable standard<\/p>\n\n\n\n
totality of circumstances
Courts will judge the perspective of a reasonable officer on scene:<\/p>\n\n\n\n
Officer perception
Includes but not limited to:
is the suspect capable of carrying out the actions?
is the suspect in a position to actually carry it out? Is it imminent?
did the suspect show intent but overly acvt, word or deed?<\/p>\n\n\n\n
Tennessee vs. Garner
Police may use deadly force to stop a fleeing felon if:<\/p>\n\n\n\n
Commonwealth v. Klein
police may use deadly force when requirements are met for deadly force and<\/p>\n\n\n\n
Body lanaguage
Some body language cues are unintentional physiological responses to stress that may indicate forthcoming resistance<\/p>\n\n\n\n
Clenching
Suspect may clench fists or teeth<\/p>\n\n\n\n
Unusual sweating
Sweating on palms, bridge of nose or profuse sweating during cold temps<\/p>\n\n\n\n
Scanning
Suspect repeatedly looks around; behind and away from officer. May be looking for escape or weapon<\/p>\n\n\n\n
Target Glancing
Suspect repeatedly looks at officer’s duty belt equipment and positioning<\/p>\n\n\n\n
Dressing-Down
Suspect removes clothing, jewelry, glasses, etc that would restrict ability to physically resist<\/p>\n\n\n\n
Dressing-Up
Suspect tightens belt, shoelaces, adjusts clothing to prepare for physical altercation<\/p>\n\n\n\n
Staring
Suspect intentionally stares directly at officer’s face without looking away<\/p>\n\n\n\n
Communication
Suspects may make statements that indicate imminent resistance<\/p>\n\n\n\n
Direct threats
Overt warnings to officers (“I’m going to kick your ass”)<\/p>\n\n\n\n
Repeated phrases
Suspect repeats same question\/statements. This may indicate suspect’s mental focus is on preparing to resist and not communicate<\/p>\n\n\n\n
Incoherent
Suspect mumbles, use incomplete sentences, or sudden increase in word cadence. This may indicate drug\/alcohol use and possible resistance<\/p>\n\n\n\n
Hate speech
Name calling, racist, sexist or other profane language<\/p>\n\n\n\n
T\/F
an officer can be charged criminally for violating someone’s Constitutional Rights?
True<\/p>\n\n\n\n
T\/F
a suspect may not use force to resist arrest when the suspect knows or has reasons o believe the person arresting them is a police officer acting in his duties
True, suspect may not resist<\/p>\n\n\n\n
excessive force
more violence than is needed to carry out a legitimate police task
where officer uses excessive force to subdue an arrestee, regardless of lawful\/unlawful, the arrestee may defend himself<\/p>\n\n\n\n
Duty to intervene
Officers are required to intervene when another officer is using excessive force<\/p>\n\n\n\n
5 threat perception categories (middle) of MPTC Use of Force Model
Strategic
Tactical
Volatile
Harmful
lethal<\/p>\n\n\n\n
Strategic (threat perception)
Officer’s baseline perception and occupational accepted risks. He is aware of surroundings and employs basic safety strategies (distance, positioning)<\/p>\n\n\n\n
Tactical (threat perception)
There is perceptual increase in risk assessment with safety strategies deployed. Underlying circumstances indicate forthcoming interaction or enforcement action<\/p>\n\n\n\n
Volatile (threat perception)
Threat potential is recognized by the officer. Level of danger and potential for bodily harm is increasing with action by police ongoing or certain<\/p>\n\n\n\n
Harmful (threat perception)
Accelerated assess event of danger. Bodily harm to officers or others is ongoing or imminent<\/p>\n\n\n\n
Lethal (threat perception)
Perceived threat of imminent risk of death or serious bodily injury to officer or third party<\/p>\n\n\n\n
5 perceived subjects actions
Compliant
resistant (passive)
resistant (active)
Assaultive – bodily harm
assaultive- death \/ serious bodily harm<\/p>\n\n\n\n
Compliant (perceived subject actions)
Susepct is fully cooperating, offers no resistance.<\/p>\n\n\n\n
Resistant – passive (perceived subject actions)
Suspect is uncooperative but does not make any overt physical action or body movement while resisting<\/p>\n\n\n\n
Resistant – active (perceived subject actions)
The suspect’s resistance becomes more active in scope and intensity. Suspect intentionally uses overt physical action, psychical strength or body movement to resist.<\/p>\n\n\n\n
Assaultive – bodily harm (perceived subject actions)
Officer attempts to gain lawful control are countered by active assault by suspect. The scope and severity of suspect’s assault WOULD NOT reasonably result in death or serious bodily harm to officer or other person<\/p>\n\n\n\n
Assault – death \/ serious bodily harm (perceived subject actions)
Suspect actions pose an imminent risk of death or serious bodily injury to officer or third party.<\/p>\n\n\n\n
5 officer responses in MPTC Use of Force Model
cooperative control
contact control
compliance techniques
defensive tactics
deadly force<\/p>\n\n\n\n
cooperative control (officer response)
most police encounter – positive and cooperative.
officers gain compliance through command presence, mutual respect and communication.<\/p>\n\n\n\n
contact controls (officer response)
for passive resistant subjects.
tactical strategies to gain “hands on” techniques. include leverage, strategic stabilization & direction, etc.<\/p>\n\n\n\n
compliance techniques (officer response)
active resistant subject
non-weapon grabs, holds, pressure point and joint locks, non-deadly weapons (OC spray), or any combo to stop resistance asap<\/p>\n\n\n\n
defensive tactics (officer response)
assaultive – bodily harm subject
the officer may use a non-deadly weapon and weaponless tactics, or any combo to stop resistance asap<\/p>\n\n\n\n
deadly force (officer response)
assaultive – lethal\/serious bodily injury subject
prevent imminent danger of serious bodily injury or death<\/p>\n\n\n\n
relationship management
ability to understand your emotions and emotions of others to interact effectively<\/p>\n\n\n\n
effective communication
clear, concise, and consistent instructions and communicate expectations and consequences<\/p>\n\n\n\n