LD 20 - Use of Force / Deescalation

Objectively Reasonable Force (As stated by the law)

Goal for UOF by a Peace Officer is to gain control of the situation or individual(s) encountered when reasonable:

Effect an arrest

Prevent Escape

Overcome resistance in self-defense or defense of others while acting in the lawful performance of their duties.

Components of 4th Amendment standard for determining objective reasonableness determined by US Supreme Court

The reasonableness of a particular UOF must be judged from the perspective of a reasonable officer on the scene, based on TOC, rather than:

20/20 hindsight vision

Graham Factors are introduce:

-Immediate threat to the safety of officers or others

-severity of crime at issue

-whether suspect is actively resisting arrest

-whether suspect was attempting to evade arrest by flight

-split-second judgements, rapidly evolving circumstances

What is the legal framework for UOF?

Penal Codes (PC 830.5 / 832 / 835) --> Case Laws (Graham v Connor --> Department P&P

Graham Factors

1. Whether the suspect poses an Immediate threat to officers or others

2. Severity of the alleged crime

3. Whether the suspect is actively resisting arrest

4. Whether the suspect is attempting to evade arrest by flight

5. Split second judgements, rapidly evolving circumstances

What is the subject's requirement to submit to arrest without resistance?

PC 834a

"If a person has knowledge, or by the exercise of reasonable care, should have knowledge, that he is being arrested by a peace officer, it is the duty of such person to refrain from using force or any weapon to resist such arrest."

What is the Peace officer's authority to use objectively reasonable force during a detention or arrest?

PC 835a(b):

"Any Peace officer who has reasonable cause to believe that the person to be arrested has committed a public offense may use objectively reasonable force to effect an arrest, to prevent escape, or to overcome resistance."

PC 835a(d):

"A Peace officer who makes or attempts to make an arrest need not retreat or desist from their efforts by reason of the resistance or threatened resistance of the person being arrested. A Peace officer shall not be deemed an aggressor or lose the right to self-defense by the use of Objectively reasonable force in compliance with subdivisions (b) and (c).

Identify the circumstances set forth in the California Penal Code when a peace officer has the authority to use force:

Reasonable belief that a peace officer with the same or similar training and experience, in the same or similar situation, will act in the same or similar manner based on TOC.

Graham Factors:

-Immediate threat to the safety of officers or others

-severity of crime at issue

-whether suspect is actively resisting arrest

-whether suspect was attempting to evade arrest by flight

-split-second judgements, rapidly evolving circumstances

What is deescalation?

The process of using strategies and techniques intended to decrease intensity of a situation.

What are the four core concepts of deescalation?

-Self Control

-Effective Communication

-Scene Assessment and Management

-Force Options

Common misconceptions of de-escalation:

If an officer uses force, that means they failed to de-escalate

It is a soft form of policing

Officers are losing control at scenes

Officers are being required to walk away or retreat

Officers are letting their guard down

De-escalation is too difficult to apply in rapidly changing situations

Benefits of De-escalation

Positive impact on public trust

Reduced danger to officer and the public

Improved community cooperation

Positive impact on officer wellness

SB 230 (2019-2020)

Intent of this bill is to establish the minimum standard for policies anr eporting procedures regardling California law enforcement agencies' use of force.

History of de-escalation

The highest priority of California law is safeguarding the life, dignity, and liberty of all persons, without prejudice to anyone.

SB 230

Policies and training play a role in the totality of the circumstances in regard to an officer acting reasonable during the time of the incident.

Self Control

understanding of physical and psychological reactions of the public and law enforcement officers may assist in maintaining self-control.

Effective Communication

clear commands and questions, good observation and listening skills, and appropriate terminology will enhance the likelihood of success.

Scene assessment and management

when possible, provides officers with an accurate picture of what is occurring and assists in the management of force options.

Force options

reasonable use of force techniques may reduce situational intensity for the safety of all parties.

Components of a Critical Decision-Making Model:

Collect Information

Assess situation, threats, and risks

Law and policy

Plan

Act, review, and reassess

Critical Decision-Making Model: Collect Information

Deescalation techniques that are attempted or actually utilized should be documented in the appropriate reports related to an incident.

-Info gathered prior to arriving at the scene

-Use of distance

-Use of additional officers

-Comm and verbal techniques utilized

-Level of success or failure of each deescalation technique

Critical Decision-Making Model: Assess Situation, threats, and risks

Assessing the situation includes, but is not limited to:

• Determining if the situation poses a threat or risk to others

• Determining if the threat requires an immediate response

• Determining if there is an imminent threat that requires action

Assessing the threats includes, but is not limited to:

• Awareness of the situation

• Assessing and requesting appropriate resources

• Cover and concealment

• Distance between officers and subjects

Assessing the risks includes, but is not limited to:

• The subject's behavior

• The subject's condition

• Possible communication issues

• The subject's access to weapons

• The subject's special skills or knowledge

Critical Decision-Making Model: Law and Policy

Peace officers need to consider:

• Is there a legal reason or obligation to act?

• What legal powers does the officer have based on federal, state, and local ordinances?

• Are the officer's actions within agency policy?

Critical Decision-Making Model: Plan

Peace officers should:

• Identify roles and responsibilities

• Contingencies

• Options and resources

• Utilization of time

Critical Decision-Making Model: Act, review, reassess

Deescalation is dynamic and officers should:

• Implement a plan and prepare to adjust, if needed

• Assess whether the action has the desired effect

• If the action has the desired effect, is there anything more that can be done?

• Review what lessons can be learned following the conclusion of the contact

Recognize how tactical methods that use time, distance, cover, and concealment assist in de-escalation.

Time: Although rapidly evolving and/or violent incidents may not allow officers to try and "slow things down," using the time when safe and practical to do so, may aid in reducing the intensity of the situation

Creating distance may calm an irate individual and help reduce the person's intensity.

Situational awareness is a critical consideration in deescalation. Recognizing what may be an immediate threat, seeing people or items causing agitation to a violent suspect, or understanding how some stimuli are altering behavior aid an officer in responding well to an incident.

Tactical repositioning is often utilized for officer safety and it can also be considered as a deescalation technique. An officer being less, or more, visible can affect the actions of others.

Gaining useful information prior to arriving at an incident and continuing to update it during the call may assist officers with a better understanding, while possibly providing additional solutions not recognized without the information

Recognize how strategic communication may enhance de-escalation.