Level 2 Use of Force Comprehensive Study Guide
Safety Priorities and Professional Standards
Safety Priority (IPS): The hierarchy of safety importance in any use of force or tactical situation is established as follows:
1) Innocent People: Included in this category are victims and members of the community.
2) Public Safety Officials: This includes Police, Fire, and EMT personnel.
3) *Subject/Suspect:* Individuals who are the focus of the law enforcement action.
Reverence for Human Life:
The overarching objective of any tactical encounter is to gain control and resolve the situation safely.
The value of human life outweighs any arrest, conviction, or individual piece of evidence.
The Six Components of Proper Handcuffing
1. Immobilize: The subject is placed in a position where balance and movement are impaired. This can be achieved in a Standing, Kneeling, or Prone position. The subject is placed off-balance, while the Officer assumes the most tactical Relative Position.
2. Control: Once immobilized, the Officer must gain control of the subject’s wrist, arm, and/or shoulder. The specific control technique used depends on the level of resistance encountered.
3. Handcuff: After control is established, the Officer applies handcuffs. The technique is determined by the immobilization and control used. Subject hands should always be placed behind the back unless physical or tactical reasons dictate otherwise. Officers must DOUBLE LOCK when it is tactically safe to do so.
4. Search: Every subject in custody must be searched. This search must be conducted systematically to ensure it is thorough.
5. Monitor: Officers are responsible for the safety and well-being of the subject. This includes:
Identifying injuries sustained prior to or during the arrest.
Providing and/or seeking medical attention as needed or requested.
Remaining aware of circumstances that place a subject at a higher risk for injury or medical complications.
6. Transport: The movement of a subject in custody via appropriate Prisoner Transport Positions. The specific position is determined by the resistance encountered. The Officer maintains responsibility and control regardless of resistance levels.
Legal Definitions and Standards for Use of Force
Definition of Force (555 CMR 6.03): Force is defined as "the amount of physical effort, however slight, required by police to compel compliance by an unwilling individual."
Non-Force Exceptions (555 CMR 6.04): Physically escorting or handcuffing an individual who offers minimal or no resistance does not constitute a use of force.
Authorized Use (Required Conditions): Law enforcement should not use force unless de-escalation tactics were attempted and failed, or are not feasible based on the totality of the circumstances. Force must be necessary and proportionate for:
Lawful arrest or detention.
Preventing escape from custody.
Preventing imminent harm (force must be proportionate to the threat while protecting officers or others).
Defending against an individual who initiates force against an officer.
Prohibited and Restricted Force Actions
Prohibited Positioning: Officers shall not intentionally sit, kneel, or stand on an individual’s chest, neck, or spine to gain or maintain control while forcing them to lie on their stomach.
Revised Restriction (09/27/2022): In no event may a law enforcement officer INTENTIONALLY sit, kneel, or stand on an individual’s neck or head.
Breathing and Circulation: Officers shall not obstruct the airway, limit breathing, or restrict oxygen or blood flow to the head or neck.
Recovery Position: If an individual is placed on their stomach during restraint, they should be moved to a recovery or seated position as soon as practicable.
Chokeholds (M.G.L. Chapter 6E Section 14 and 555 CMR 6.03): Defined as lateral vascular neck restraints, carotid restraints, or any action placing body parts on or around a neck in a manner that limits breathing or blood flow with intent or result of causing injury, unconsciousness, or death.
Constitutional Jurisprudence and Case Law
Graham v. Connor (Standard of Review):
Established the "Reasonableness" standard under the Fourth Amendment for all excessive force claims (deadly or not).
The right to make an arrest or investigatory stop carries the right to use physical force.
Reasonableness must be judged from the perspective of a "reasonable officer on the scene" rather than with the " vision of hindsight."
Courts must allow for the fact that officers make split-second judgments in tense, uncertain, and rapidly evolving circumstances.
Graham Factors (SIRF):
S: Severity of the crime at issue.
I: Whether the suspect poses an Immediate threat to the safety of officers or others.
R: Whether the suspect is actively Resisting arrest.
F: Attempting to evade by Flight.
Tennessee v. Garner (Deadly Force on Fleeing Suspects): Deadly force is unconstitutional to prevent escape unless:
The suspect threatens the officer with a weapon or there is probable cause to believe the suspect committed a crime involving inflection or threatened inflection of serious injury.
Deadly force is necessary to prevent escape.
Warning was given, where feasible.
Force must be reasonable AT THE TIME it is applied.
Commonwealth v. Adams (Duty to Intervene):
Based on an incident involving John L. Smith, Jr., and thirteen Boston police officers.
Officers present who observe another officer using force beyond what is objectively reasonable SHALL INTERVENE.
Reporting of such incidents must occur no later than the end of the duty shift.
Hill v. Miracle (Medical Emergencies and Tasers):
Involves Cory Hill (diabetic emergency) and Deputy Christopher Miracle.
A Taser may be used momentarily to subdue a patient actively resisting life-saving treatment during a medical emergency.
Three Hill Questions: 1) Was the person in a medical emergency preventing rational decisions? 2) Was some force reasonably necessary to stop an immediate threat? 3) Was the force used reasonable under the totality of circumstances?
The Totality Triangle and Officer Response Model
1. Perceived Circumstances (Top): The identification of threat perception based on the severity of the crime, immediate safety threats, and the degree of subject compliance.
2. Perceived Subject Actions (Left - CAPA):
Compliant: Fully cooperative.
Active Resistance: Using strength or muscle to resist control.
Passive Resistance: Non-violent, non-compliant behavior that does not pose an immediate threat. Only the amount of force necessary to effect arrest/detention may be used (555 CMR 6.04).
Aggressive/Combative: Countering lawful control attempts with active aggression.
3. Reasonable Officer Response (Right):
Command Presence: Verbal communication and physical presence.
Contact Control: Light touch tactics for escorting/guiding (Leverage, Strategic Stabilization, Direction).
Compliance Techniques: Pepper spray and restraint techniques (arm/joint locks, pressure points).
Impact Techniques: Physical strikes (fists, elbows, knees), baton strikes, and less-lethal weaponry (such as Tasers).
Deadly Force: Firearms or any immediate means necessary to save life.
Specialized Tools and Procedures
Conductive Energy Device (CED/Taser):
Categorization: Impact Techniques.
Status: Pointing a CED is a use of force; turning it on (by itself) is not (Rule 304B). It is classified as a firearm per Rule 304B (stored per M.G.L. 141 & 131).
Usage Rules: Used for immediate threats of injury or to gain compliance from actively resisting subjects through laser/warning alerts. Prohibited against handcuffed individuals, in environments where death could result, or intentionally aiming the laser at eyes.
Cycles: per cycle; total deployment should not exceed ().
Medical: If a probe strikes a subject, EMS must be called.
OC (Oleoresin Capsicum) Spray:
Categorization: Compliance Techniques (Incapacitating Agent).
Target: The face. Affects the Eyes, Skin, and Respiratory Tract.
Restrictions: Cannot be used on groups of . Serious injury risk increases if used at less than , in unventilated areas, or on subjects lacking normal reflexes (blinking).
Post-Care: Officers must decontaminate the subject with water as soon as practicable and call EMS.
Baton Striking Areas:
Green (Primary): Minimal trauma, temporary injury. Examples: Shoulder, Forearms, Lower Abdomen, Thighs, Buttocks, Achilles Tendon, Shoulder Blade, Upper Arm, Shin, Back of Hand, Inside of Wrist.
Yellow (Secondary): Moderate trauma. Used when Green areas are ineffective or threat is higher. Examples: Collarbone, Elbow, Knee Joint, Upper Abdomen, Rib Cage.
Red (Serious/Lethal): High probability of serious injury or death. Examples: Ears, Temple, Lower/Upper Jaw, Throat, Back of Neck, Hollow Behind Ear, Solar Plexus, Spine, Kidney, Tail Bone, Groin.
Operating Vehicles and Firearms
Discharging Firearm at a Moving Vehicle (CMR 555 6.05): Prohibited unless reasonably necessary to prevent imminent harm and:
Occupant threatens deadly force by means other than the vehicle, or the vehicle is deliberately targeting a person.
Officer did not intentionally create the risk by positioning themselves in the vehicle's path.
Officer is not firing and strictly disables the car.
High probability of stopping the target.
General Knowledge and Summary
Force Motivation: Used to stop unlawful resistance as quickly as possible.
Compliance: If a suspect requests an ambulance, it must be provided regardless of the officer's belief about the legitimacy of the request.
Lawful Situation: If officers are not lawfully situated, any amount of force used may be deemed unreasonable or excessive.
Distraction Techniques: Evaluated based on Intent and Intensity.