Only the Finest!

02/11

Firearms TrainingUnit 1

Deadly Force

“No man is worth his salt who is not ready at all times to risk his body, to risk his well being, to risk his life,

in a great cause!”Theodore Roosevelt

USE OF FORCE GUIDE  

Subject Action Officer Response Possible Methods of Force 

Weapons used against officer. Attempting to disarm officer. Actions that are likely to cause serious physical injury or death.

Deadly Force Firearms, roadblocks, P.I.T., or other means that are likely to cause serious physical injury or death.

Striking, kicking, or pushingofficer. Attacking movementnot likely cause serious physical injury or death. An overt physical display of aggression.

Combative Arrest Control Techniques

Strikes, kicks, impact weapons, canine deployment, less than lethal weapons, O.C., Electro-Muscular Disruption, take downs, etc.

Pulling away from officer. Refusing to move, not responding to commands, verbal or physical danger cues.

Arrest Control Techniques

Strikes and/or kicks as distractions, take downs, joint manipulation, pressure points, Electro-Muscular Disruption, O.C.

Subject does not follow commands but offers no physical resistance other than not moving.

Compliance Arrest Control Techniques

Verbal persuasion/ commands, escort position, control holds.

Subject readily follows all direction or commands.

Verbal Communication

Verbal directions, appropriate application of restraints.

Deadly ForceDefinition: Any use of force whether with personal weapons, intermediate weapons, or firearms that is likely to produce death or serious physical injury.

1. The offender possesses a weapon capable of inflicting lethal force

2. He is within the viable range of that weapon.

Threat level:

Deadly Force

3. He has demonstrated every intention of using the weapon.

Threat level:

Deadly Force

The life of the officer or another person is in danger, and action must be taken to

stop the aggressor.

Deadly ForceABILITY OPPORTUNITY

JEOPARDY

DF

1. The officer will use lethal force to stop the actions of the offender. This generally applies to the use of a firearm against the offender.

Procedures:Deadly Force

2. The officer will shoot as trained to stop the subject’s actions as quickly as possible.

Procedures:Deadly Force

3. The officer will maintain tactical control over the subject until the weapon is no longer in the subject’s possession or until any and all resistance has ceased

Procedures:Deadly Force

4. The subject will be handcuffed, searched for additional weapons and then given first aid until medical help arrives.

Procedures:Deadly Force

IC 18-4011: Justifiable Homicide by an Officer

Homicide is justifiable when committed by public officers and those acting by their command in their aid and assistance, either:

1. In obedience to any judgment of a competent court; or

IC 18-4011: Justifiable Homicide by an Officer

2. When reasonably necessary in overcoming actual resistance to theexecution of some legal process, or in the discharge of any other legalduty including suppression of riot or keeping and preserving the peace.

IC 18-4011: Justifiable Homicide by an Officer

Use of deadly force shall not be justified in overcoming actual resistanceunless the officer has probable cause to believe that the resistance posesa threat of death or serious physical injury to the officer or to otherpersons; [or]

IC 18-4011: Justifiable Homicide by an Officer

Use of deadly force shall not be justified in overcoming actual resistanceunless the officer has probable cause to believe that the resistance posesa threat of death or serious physical injury to the officer or to otherpersons; [or]

IC 18-4011: Justifiable Homicide by an Officer

3. When reasonably necessary in preventing rescue or escape or inretaking inmates who have been rescued or have escaped from any jail, orwhen reasonably necessary in order to prevent the escape of any personcharged with or suspected of having committed a felony, provided

IC 18-4011: Justifiable Homicide by an Officer

The officer has probable cause to believe that the inmate, or persons assistinghis escape, or the person suspected of or charged with [the] commission ofa felony poses a threat of death or serious physical injury to the officeror other persons.

IC 18-4011: Justifiable Homicide by an Officer

The officer has probable cause to believe that the inmate, or persons assistinghis escape, or the person suspected of or charged with [the] commission ofa felony poses a threat of death or serious physical injury to the officeror other persons.

IC 18-4011: Justifiable Homicide by an Officer

Court ordered execution.

Threat of death or serious physical injury to the officer or to other persons.

IC 18-4011: Justifiable Homicide by an Officer

Deadly Force on Fleeing Felons

Tennessee v. GarnerOccurred on 10/3/7415 year old unarmed and fleeing burglar, shot in the back as he tried to avoid policeUS Supreme Court declared that “deadly force” laws against shooting all fleeing felons generally are unconstitutional (illegal “seizures” under 4th amendment, 3/27/85)

Tennessee v. Garner Fleeing Felon Rule: Officers may use deadly force against a fleeing felon if:1. Suspect threatens officer with a weapon, OR2. These three elements exist simultaneously:

There is probable cause to believe suspect poses a threat of serious harm to the officer or others – suspect threatens officer or has committed a crime involving infliction or threat of serious physical harmDeadly force is NECESSARY to prevent escapeOfficer must give warning – if feasible

Use of Force PolicyGraham v. Conner Established constitutional standard for

use of force liability (deadly and non-deadly)

4th Amendment is the standard For all claims of excessive force in law

enforcement actions, the question is:

“Are the officer’s actions ‘objectively reasonable’ in light of the facts and circumstances confronting them?”

What Is Reasonable?

Factors the jury may consider in making a determination of whether force was reasonable:

severity of the crime the immediate threatwhether suspect is resisting arrest or attempting

to fleeAllowance must be made for officers who make

“split-second” judgments – in circumstances that are tense, uncertain, and rapidly evolving

DeadlyForce

Consider Deadly Force as a three sided triangle:

There are three essential factors (sides) that must be present if deadly force is used!

DeadlyForce

These factors must be:

Instantly recognizable!Beyond doubt!

Based upon the “Reasonable Officer Standard”

DeadlyForce

Abili

ty

Ability: Possession of a weapon capable of inflicting deadly force!

Hands Bludgeon

KnifeGun

DeadlyForce

Opportunity

Opportunity: being within striking distance (range) with the weapon!

Abili

ty

DeadlyForce

Jeopardy

Jeopardy: demonstrating the intent to use the weapon to do great bodily harm.

Abili

tyOpportunity

DeadlyForce

Abili

tyOpportunity

Jeopardy

DeadlyForcewe

apon range

intent

Consider the following pictures. Would you apply

deadly force?

Robbery in progress, New Cumberland, WVAbi

lity

Opportunity

Jeopardy

Jeopardy

Suicide attemptAb

ility

Opportunity

Abili

ty

Jeopardy Philadelphia, PA

Opportunity

Abili

ty

Jeopardy

Hostage saved by sniper

Opportunity

Abili

ty

Jeopardy

Officer involved shooting

Honolulu, Hawaii

Opportunity

DeadlyForcewe

apon range

intent

DeadlyForce

Abili

tyOpportunity

Jeopardy

Practical aspects of deadly force:

Where do you aim?

…Center mass of the

target given!

Practical aspects of deadly force:

Remember…We shoot to Stop

the action in progress!…never to kill!

DOCUMENTING USE OF FORCE

• Use the Triangle of Force as a starting point.• Document facts that justify the use of force with

respect to Ability, Opportunity and Jeopardy.• Document everything leading up to and after the

actual use of force.• Remember to talk about reasonable and

necessary with respect to the incident. (Why was there no reasonable alternative? Time, distance, weapon….)

• What you document now will be what be what you rely on in court.

SUMMARY

• Objectives

»DOCUMENTATION

–FINISHING THE FIGHT

Only the Finest!