Critical Incident and Use of Force Report Writing
Learning Objectives (Knowledge and Skills)
Identify landmark Use of Force case law Graham v. Connor as it applies to Law Enforcement force deployment.
Describe FBI statistics on Law Enforcement Officer Assault and Death.
Identify the structure of a Use of Force report.
Identify defensible report language describing force deployment.
Identify situational conditions and human response reactions to human conflict.
Describe conditions of situational awareness as they relate to the heartbeat per minute (BPM) rate experienced.
Articulate Use of Force Stress-Physiological Impact, Training, and the Impact of Force Stress.
Articulate officer deployment issues in the SCOTUS case Graham v. Connor.
Articulate officer processes to utilize verbalization during an incident involving Use Of Force deployment.
Identify report criteria necessary in an Officer’s Use of Force written report.
Identify considerations for evidence present during an incident involving Use Of Force deployment.
Define the AG Model Definitions for Feasible, De-escalation, Immediate Threat, and Necessary related to documenting Use of Force deployment in an Officer’s report.
Define Education vs. Informational report content when documenting Use of Force deployment in an Officer’s report.
Articulate criteria for report content specific to a response during an Excited Delirium response.
A Defense Attorney’s Perspective (The Reality of Litigation)
Facts of the case are immaterial to the attorney’s goal; credibility is key. Details are critical.
If the attorney can cast doubt on you, the facts can be overshadowed.
Maintain professionalism; attorneys look for factors that undermine credibility.
Educational reports: this is the reality of civil and criminal liability.
2022-2023 Officer Assault Statistics (Washington State)
66,415 Officers assaulted in 2022.
79,091 Officers assaulted in 2023.
33.7% sustained injuries.
36.2% of officers were attacked with personal weapons.
20% of officers were assaulted with knives or cutting instruments.
13.8% were assaulted with firearms.
29.2% were attacked with other dangerous means.
Employment Trends (PERF)
According to a recent survey by the Police Executive Research Forum (PERF), total sworn officers decreased about over the last few years (from in January 2020 to in January 2023).
January 2023 sworn staffing was lower than January 2022 and lower than January 2020.
Hiring has risen since COVID, but numbers nearly mirror pre-COVID levels and are not enough to fill openings.
NFL Quarterback Analogy: How Law Enforcement Has Changed
NFL quarterbacks = suspects; defense = law enforcement; referees = lawyers/administration/special interest groups.
The rules have changed; officers must adapt to new rules of the game.
Discussion prompts: How have roles and responsibilities changed? Why did changes occur? Societal issues, types of crime, demographics, socio-economics.
November 2020: The Future of Law Enforcement in Washington (King County)
Charter Amendment No. 1 – Inquests: Clarify that mandatory inquests are required when an officer’s action, decision, or possible failure to offer appropriate care might have contributed to a death; provide attorney representation for the decedent’s family at county expense.
Public support: Yes 80.45%
November 2020: Officer of Law Enforcement Oversight Subpoena Authority
Charter Amendment No. 4 – Subpoena authority: Authorize the Office of Law Enforcement Oversight to subpoena witnesses, documents, and evidence related to investigations and reviews of county enforcement officers.
Public support: YES 81.57%
Note: Emphasizes careful, thoughtful statements and consideration of presentation factors.
Learning Resources and Recommended Reading
National Best-Seller: Gavin de Becker, The Gift of Fear and Other Survival Signals That Protect Us from Violence.
The Gift of Fear (unabridged recordings listed)
The Psychology and Physiology of Deadly Conflict, Deadly Force Encounters, and related resources by Lt. Col. Dave Grossman and co-authors.
The True Tale of America’s Opiate Epidemic (Sam Quinones) – referenced in materials.
Extreme Ownership by Jocko Willink and Leif Babin (Navy SEAL leadership).
Other works listed: Fear Less; The Big Book of Violence; The Smart Person’s Guide for Surviving Dangerous Times, etc. (as curated in slides).
Human Conflict Responses (Law Enforcement Context)
Posturing: Establishes dominance; stand tall and ready; hands up; can be a de-escalation tool.
Fight: Prepare to end the encounter as soon as possible; have a plan.
Flight: Common fear response; pursue with caution; become an expert witness.
Submission: Adapt response to situation dynamics.
Awareness Conditions: Heart Rate and Performance
Heart Rate and performance relationship:
White zone: — normal, little or no stress; unfocused or prepared.
Yellow zone: — awareness, dogs live in this state; always aware.
Red zone: — high stress; optimal combat and survival performance; fine motor skills begin to decline.
Gray/Black zone: serious decline in fine motor skills; thinking shifts to midbrain (mammalian brain); fight/flight survival response kicks in; rational thinking diminishes.
A second set of ranges emphasizes that around allows effective response with senses intact, while at complex motor skills are at their peak; at cognitive processing deteriorates and vasoconstriction occurs, with tunnel vision and loss of near vision; gross motor skills peak at highest performance level in certain contexts.
Use of Force Stress: Physiological Impacts on Senses
Heart rate changes can positively or negatively affect performance.
Vision: tunnel vision; enhanced focus on threat; possible near-vision loss; auditory exclusion can occur; ears may shut out sounds similar to eyes shutting out light.
Hearing: heightened sensitivity or auditory exclusion; volume perception changes.
The level of stress correlates with perceptual changes during incidents.
Use of Force: Physiological Impact — Vasoconstriction and Survival Response
Under extreme combat stress (red, gray, black), the body resists blood flooding to extremities as a survival response.
Fine motor control deteriorates when blood flow to muscles is limited; temporary body armor effect may occur to limit bleeding.
Blood flow returns as stress decreases; individuals may believe they are not seriously injured until after the event.
Dr. Alexis Artwohl Data: Deadly Force Encounters (Officer Physiological Responses)
85% diminished sound; 16% intensified sound
80% tunnel vision; 74% automatic pilot (fear speechless); 72% heightened visual clarity
65% slow motion time; 51% memory loss for parts of the event; 47% memory loss for some actions
26% intrusive distracting thoughts; 16% fast motion time
Conclusion: these metrics illustrate common perceptual and cognitive distortions during deadly force encounters.
What We Believe Happened vs What Actually Happened; PTSD and Training Implications
Mind fills in blanks, leading to doubt and second-guessing.
Preparation for the fight can alter fear responses; discuss physical training and firearms/tactics for safety.
PTSD is more common than realized; encourage talking with someone; Code 4.
Use of Force has psychological implications and training should address PTSD risks.
Training Impact on Use of Force Stress and Performance
Research and experience show that more training improves control of stress on performance.
Techniques: Stress inoculation; examples from NASCAR drivers (approx. 175–185 BPM) and special forces (extended training for single missions).
Elite athletes demonstrate high-level training to manage stress responses; ongoing training remains essential.
Practical Implications: When Use of Force is Used
Goals: achieve required control, overcome resistance, prevent escape, defend self and others.
Use of Force Report Writing: address when force can be used; ensure documentation supports legal standards.
The Criminal Justice System and the Model Use of Force Policy
Learn realities of the system through video, verbal and written documentation.
The goal is to overwhelm triage of the facts with a masterful, unambiguous narrative that resists independent reinterpretation of the facts.
Officer and Suspect Factors (Graham v. Connor Context)
Prior contacts (personal knowledge, criminal history, bulletins)
Number of officers vs number of subjects (interaction dynamics)
Age, size, and relative strength (personalized context)
Injury/exhaustion (you wear 25–30 pounds of restrictive gear)
Special knowledge or skills (martial arts, fighting stances; describe injuries like cauliflower ears, scars, equipment, communication tools)
Mentally ill / under the influence (EXCITED DELIRIUM: super-human strength, impervious to pain, inability to follow directions, bizarre behavior)
Environmental factors (time of day, known drug/gang areas, freeway, traffic, schools, kitchen)
Proximity to weapons (guns, knives, OC, taser; other potential improvised weapons; describe what was used and how)
Note: These factors are part of the Graham v. Connor framework: officer-subject factors.
Perception and Reality in Policing
Perception is reality; consider the impact of public expectations (media, politics, special interest groups) on tactics and reporting.
Seattle riot gear imagery reflects public sentiment and policy implications.
Verbalization: Controlling Perception
Clearly state who you are; give specific directions (STOP POLICE! YOU ARE NOT FREE TO GO).
Speak loudly enough to be captured on camera and witnesses; this supports follow-up investigations and court proceedings.
Verbalization can influence credibility in interviews and investigations.
Written Statements: Controlling Perception
I was forced to use force based on the suspect’s actions; the level of force was dictated by the suspect’s actions; we use force for safety of all parties involved.
Outline specifics of the call, whether on-view or dispatched; de-escalation used, if not, why; warnings given, if not, why; cite case law; outline need for force and adaptation based on changing behavior; consider medical response (ExDS).
Have someone else read your statement; choose words wisely (e.g., avoid ambiguous phrasing like "Police, show me your hands; you are not free to go").
Written statements should be clear and precise to avoid misinterpretation.
Educational vs Informational Content in Reports
Distinguish content type; credibility hinges on content; paint a detailed picture of what happened; own your report; explain who, what, why, and how in plain English for juries, judges, media, special interest groups, DOJ, and use-of-force reviews.
Evidence Considerations
All responding officers should be documented in statements (arrival, parking, role, departure, etc.).
Note condition of evidence at collection time (e.g., spit mask before blood/mucus dries to avoid false barriers in breathing).
Take photos of injuries at the scene; consider follow-up photos 24–48 hours later to document wound progression.
Ensure accuracy and avoid leaving statements open to interpretation.
Don’t Leave Your Statement Open to Interpretation
Emphasize clear, unambiguous reporting; paint a precise narrative of events.
The phrase "What’s in your report?" underscores the need for completeness and clarity.
Attorney General Use of Force Policy: Key Definitions
FEASIBLE: Reasonable to be done or carried out to achieve the arrest or objective without risk of harm; this standard is unique to each officer’s/individual’s abilities.
DE-ESCALATION TACTICS: Actions intended to minimize the likelihood of using force; note that using physical force is not a de-escalation tactic.
IMMEDIATE THREAT OF SERIOUS BODILY INJURY OR DEATH: Based on the totality of circumstances, it is objectively reasonable to believe there is present and apparent ability, opportunity, and intent to immediately cause death or serious injury to the officer or others.
NECESSARY: Under the totality of circumstances, a reasonable effective alternative to the use of force does not exist; the force used is reasonable and proportional to the threat or objective; this standard is unique to each officer.
Educational vs. Informational (Policy Application)
Preface: policy, Garrity protections; establish conditions (time, location, reason, on-view vs dispatched).
Detail subject observations: physical description, age, height, weight, tattoos, scars, fighting stance, weapons, signs of Excited Delirium (ExDS) per NIJ ExDS card.
Need & Nature of the Seizure: threat assessment to citizens or officers or violations.
Assessment of Threat: type/severity; potential weapons.
Need for Response: justify urgency; safety and legal compliance.
Use of Force Report Writing as the application.
Use of Force Report Writing: Action Taken and Reassessment
Action Taken: specify hands-on or less-lethal actions; intended purpose; training; warnings given; if no warning, state why.
Reassessment of Threat: note changes in behavior; whether the threat escalated or de-escalated; adjust response accordingly.
Adaptation of the Response: escalate or de-escalate based on reassessment; document the MODULATION OF FORCE.
Medical considerations (ExDS): consider potential medical emergencies.
Follow-Up: control, restraints, injuries, treatment; notify supervisor.
Closing: disposition and supervisory review.
The overarching aim is to paint a masterful, precise narrative.
NIJ Use of Force Report Writing Cards – ExDS
ExDS Response Measures: Identify, Observe/Record, Control, Sedate, Transport.
ExDS Indicators: Extreme aggression, constant activity, non-responsiveness to police presence, attraction to glass/lights, nakedness or inadequate clothing, self-cooling/temperature dysregulation, rapid breathing, profuse sweating, keening, pain insensitivity, excessive strength, no tire fatigue.
Note: ExDS is a medical emergency; the NIJ framework guides response.