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Use of Force Policy

only that force reasonably necessary under the circumstances may be used. Force must not be used where assigned duties can be discharged without it. Excessive force may never be used.

Force

getting someone to do something they normally wouldn't do typically through the threat of violence

Reasonably

what the general public would deem "ok," fair/sensible/appropriate

Necessary

what "needs" to be done; essential

Less-lethal Force

Any force that does NOT result in death or bodily harm

Tiers of the UoF Model

1. Officer presence

2. Verbal commands

3. Control techniques

4. Aggressive response techniques

5. Intermediate weapons

6. Deadly force

Officer Presence (level 1)

appearance, demeanor, verbal and non verbal communication, that creates an atmosphere of compliance and projects professional image to the public

Verbal Commands (level 2)

a form of task direction with consequences directed at the subject(s)

Control Techniques (level 3)

techniques or actions with a low probability of causing possible, but not likely to result in connective tissue damage, lacerations of the skin or broken bones.

What are examples of control techniques

restraint devices, pain compliance and strength techniques

Aggressive Response Techniques

(level 4)

techniques or actions likely to result in connective tissue damage, lacerations of the skin, broken bones, or that will produce irritation of the skin, eyes and/or mucous membranes.

examples of aggressive response techniques

kicks, stuns, punches, takedowns, and chemical irritants (OC spray)

Intermediate Weapons (level 5)

techniques or actions with a high probability of causing connective tissue damage, lacerations of the skin or broken bones.

what weapons can be used at level 5

expandable baton, authorized less-lethal munitions and/or technologies, PPDP (pepper projectile dispersant process)

Deadly Force (level 6)

any force that is likely to cause death or serious bodily injury

what are the four types of followers

1. Passsive compliant

2. Passive resistor

3. Active resistor

4. Active agressor

passive compliant

a subject who follows the officer's requests or verbal directions

passive resistor

does NOT follow the officer's requests or verbal directions, but offers no physical resistance to the officer's attempts to gain control

active resistor

a subject who does not follow the officer's requests or verbal directions, offers physical resistance that prevents or may prevent the officer from gaining control, but does not attempt to harm the officer

active aggressor

a subject who attempts to harm or attack the officer.

What is the Attack Triangle and what is it used for?

a tool to determine what level of force can be used

1. Weapon

2. Delivery System

3. Subjects Actions

UoF Statement

facts from your POV, not your opinion

UoF Report

level 2+ w/out restraint, within 24 hours of establishing connectivity OR 96 hours

what does OC stand for

oleoresin capsicum

S.A.F.E.R

S - safety/security

A - attack

F - flight

E - excessive repetition

R - revise priorities

14 USC 522

the coast guard may make inquiries, examinations, inspections, searches, seizures, and arrests upon the high seas and waters over which the United States has jurisdiction, for the prevention, detection, and suppression of violations of laws in the United States.

For such purposes, commissioned, warrant, and petty officers may at any time go on board of any vessel subject to jurisdiction of the United States, address inquiries to those on board, examine the ships documents and papers, and examine, inspect, and search the vessel and use the necessary force to compel compliance.

What is the definition of Authority?

the governments legal power to act

5 sources of the CG Authority (MCPA(C)

M - Maritime law enforcement

C - customs

P - PWCS

A - assistance

(CGIS)

What is Jurisdiction?

the governments power to exercise authority over it's persons vessels and territories

three elements of the jurisdictional triangle

Vessel/Flag

Location

Substantive law

Customs waters

internal water - 12NM

Territorial sea

baseline - 12NM

Contiguous zone

12-24NM

EEZ

12-200NM

International water

12-foreign territorial sea

4th Amendment

The right of the people to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures, shall not be violated and no warrants shall issue, but upon probable cause, supported by oath of affirmation, and particularly describing the place to be searched, and the persons or things to be seized

The 5 elements of the 5th amendment

1. Right to a grand jury

2. Protection from double jeopardy

3. Protection from self-incrimination

4. A right to a fair trial/due process

5. A right to due compensation

who has MLE authority?

coast guard commissioned officers, warrant officers, and petty officers

What is on our LE belt?

1. Glock 19 Gen 5

2. Expandable baton

3. OC spray

4. Minimum of 2, 15 round magazines.

5. Hand cuffs and key

6. Flashlight

OC Spray regulations

must not contain greater than 10% and no less that 5% concentration. approximately 3 oz, water base carrier, thumb activated with thumb safety, 6 ft distance when sprayed, straight stream, non toxic, non flammable

hand cuff regulations

steel (nickel, blued, or stainless plating), chain linked, double locking, single bell and double bell, swivel

Flash light regulation

intrinsically safe

Expandable baton regulations

steel shaft, silver non-corrosive, NO curling or shape edges, nonslip foam grip/handle, rigid when deployed, 15-22 inches when deployed, no spring loaded or push button deployed

substantive law

one that prohibits certain action or requires affirmative conduct

When is it appropriate to draw your weapon?

1. when deadly forced is authorized

2. when there is a reasonable probability that the use of deadly force may be required (can be used in level 1)

ballistic needle effect

painful physical damage to the eyes from the pepper spray boring into the eye tissue (caused from being too close to the subject)

Enclosed Space

any other space other than confined space that is enclosed by bulkheads or overheads, cargo holds, tanks, quarters, and machinery spaces

Confined Space

1. Is large enough to allow a person to enter and perform work

2. it has limited or restricted means for entry and exit

3. not designed for continuous human occupancy

all spaces classified as confined must be visually inspected and tested by a competent person

Who is authorized to inspect confined spaces?

1. Marine Chemist

2. Industrial Hygienist

3. CG Gas Free Engineer

What is the required PPE for hazardous situations?

road pager and 4 gas

What does 4 gas detect?

low O2, carbon monoxide, hydrogen sulfide, ammonia, or flammable gas

What are the most common hazards in the CG?

cargo (radioactive material, etc), biological (animals, diseases, waste)

Seizure

the taking into custody of properly, including a vessel, evidentiary items and/or contraband

Search

an entry or intrusion by a government agent on a quest for evidence into an area where an individual has a reasonable expectation of privacy.

What is the Plain View Doctrine

permits an LE officer who's lawfully present in a space, to seize an item that is immediately apparent as evidence (finish the ISS/BISS before using PVD)

ISS

conducted to identify any safety hazards that may exist and ensure the seaworthiness of the vessel being boarded

BISS

a quick and limited protective inspection of a vessel for boarding team safety (must be done on every boarding)

When is deadly force authorized?

deadly force may only be used when the officer has determined that, in view of the threat, the use of deadly force does not create an undue risk to any person other than the subject of such force

What is death?

irreversible cessation of vital functions, permanent stoppage of the heart, respiration, and brain activity

Reasonable suspicion

The belief by a reasonable and prudent person based on the articulable facts that something has happened

Probable cause

The level of suspicion that would cause a reasonable and prudent person, given the overall circumstances to believe a crime has been committed.

ICER

Isolate

Contain

Evaluate

Report