Specialty Impact Munitions

WelcomeldquoTrain today to

prepare for your opponent tomorrow

Introduction to Instructor

bull Professional- Graduated first Police Academy in 1985bull Personal ndash Studied various martial art styles in Judo

Jujitsu Russian Sambo Krav-Magra Japanese Shoot Fighting ground fighting styles prior to developing this course From 1988-1992 researched and studied 5 major DT Programs ndash LAPD Miami Metro Dade FBI NYPD DFW

bull Organizations ndash Chairman of PoliceOnecom Advisory Board Police Magazine Advisory Technical Advisor for Force Science Research Center Active member of ILEETA

bull Experience ndash Over 35 years of grappling martial arts experience and real world encounters

Introduction to ARMA Trainingbull Focuses on Technical

information needed for Product Liability amp Tactical Information Needed for Street Application on Field Proven Strategies ONLY Conducts Instructor or Master Level Courses

ARMA TrainingPaperwork

ldquoIf it is not documented it didnrsquot HAPPEN

Student Waiver

Liability Form Ensure Officers are ldquoFit for Dutyrdquo Highlight Safety Concerns and

Issues in Class Shows ldquoDue Care for Studentsrdquo

Student Medical History Allows you to monitor your students

before classroom activities Allows the student to disclose any

medical concerns they may have directly to you

Allows you to get a feel for each students wellbeing

IMPORTANT Blood Pressure Warning

bull Ensures all students are medically safe and checks the pre-condition of their HEART BEFORE the class begins

bull Anything over14090 should be medially cleared to participate in training

Participation Acknowledgement Form

Allow you to clarify all expectations of what is expected of each student and instructor

Highlights important issues for instructor to set the pace with students

Clears all misunderstanding or confusion BEFORE the class begins

Failure to Respond to Training Form

Allow you to document any failed area for improving

future performance

Allows for student feedback

Documents level of proficiency

Student Injury Form

Allow you to document any injuries that happen during the course of the training programs

If itrsquos not recorded here it did not happen here

Documents injury and situation leading up to injury

First Sectionbull Take a 10 Minute Breakbull Restroombull Drinkbull Food

What makes a Good System

Legally Soundness (Meaning Course content is Review for Courtroom Testimony by Lawyers)

Medical Soundness (Meaning Course content is Reviewed by Licensed Doctors)

Tactical Soundness (Meaning Course content is Reviewed by sworn police officers and supported Field Proven Techniques)

Introduction to ARMA

bull ARMA Training Conducts over 70 different training programs both domestically and internationally at various satellite locations throughout the world

Unique Training Methods and Partners

bull Focuses on Technical needed for Product Liability amp Tactical Information Needed for Street Application on Field Proven Strategies Conducts Basic Instructor or Master Level Courses Represents Over 45 Different Companies

Special Partnershipbull Northwest Technical Collegebull Located in Green Bay WIbull All programs are state certified

through a higher learning of education

Chapter 1

History of Specialty Impact Munitions

31

H istory of Specia lty Im pact M un itions

CorrectionsS pecia l C ircum stances

D C TS O R T

Law EnforcementP atro lS W AT

C row d M anagem ent

MilitaryM Ilitary Po lice

S R TC iv il D istu rbance

Specialty Im pact M unitions

>

Kalimba

Mr Scruff

Ninja Tuna track 1

2008

Electronic

34808167

eng - Ninja Tune Records

- Ninja Tune Records

Correctional Use Cell Extraction Special Circumstances (Suicide by Inmate) Covering Chemical Munitions Regaining controlled areas Escorting Inmates Protecting Officers or Formations Protecting the perimeter Protecting Property

32

Law Enforcement Use Individual Targeted Subjects Special Circumstances (Suicide by Cop-

Standoff) Covering Chemical Munitions Regaining controlled areas Special Escorting Details Protecting Officers or Formations Protecting the Perimeter Protecting Property

33

Military Use Individual Targeted Subjects Special Circumstances (Suicide by Cop-Standoff) Covering Chemical Munitions Regaining controlled areas Humanitarian Missions Special Escorting Details Protecting Officers or Formations Protecting the perimeter Protecting Property

34

P O L I C E L I N E

35

Weapon Delivery Zones in Feet

Z O N E 1

Z O N E 3

Z O N E 2

Z O N E 4

Z O N E 5

Serious Threat

Intermediate Threat

Potential Threat

Possible Threat

Unlikely Threat

0 10

10 50

50 100

150100

150 200

Justification of SIM Use

Covering Chemical Munitions

Protecting Formations

Protecting Life and Property

36

Powder Delivery Systems

bull Black Powder ndash Advantages

bullCost EffectivebullMore Rounds AvailablebullCan ONLY be fired in 37MM

37

Powder Delivery Systemsbull Black Powder ndash Disadvantages

bullMost Corrosive to weaponbull Increased Malfunction possibility

bullGive Shooters position awaybullLeast accurate munitions

38

Powder Delivery Systems

bull Smokeless Black Powder ndash Advantages

bullLeast Corrosive to weaponbullReduced Malfunction possibility

bullConceals Shooters position bullMost accurate munitions

39

Powder Delivery Systems

bull Smokeless Powder ndash Disadvantages

bullMost costly munitions

40

Casing Sizes

bull 37MM ndash Usually 8 inch in length Black Powder

bull 3740MM ndash Usually 55 inch in length

Black Powder or Smokeless

bull 40MM ndash Usually 48 in in length Smokeless Powder

41

Chapter 2

Classifications of Specialty Impact Munitions

Classifications of SIM Rounds

43

Low Energy VS High Energy Only need one of both

bull Weatherbull Distance from threat

bull Terrain

Low Energybull Designed to deliver minimal energy to cause slight physical discomfort for pain compliance or mental distraction

44

High Energybull Designed to deliver enough energy to inflict blunt trauma to cause greater physical discomfort and possible incapacitation

45

Low Energy Roundsbull 37MM or 40MM Multiple Rubber

Balls (32 or 60 caliber) or Stinger Ball

bull 37MM or 40MM Multiple Foam Baton bull 40MM Spin Stabilized FoamSponge

Roundbull 12 Gauge Rubber Pellets ndash Marked

Low Velocity 46

47

3132 Caliber Stinger BallsAdditional Information

37mm or 40MM

Black Powder or Smokeless

3132 Caliber Ball (approx)

55 or 8 inch casings

48

4560 Cal Rubber Balls

Additional Information

3740MM

Approx 24 Rubber Balls

Average 325 FPS

49

Foam Baton Rounds

Additional Information 37mm or 40MM Black Powder or Smokeless 35 baton rounds - 55 or 8 inch casings

50

40MM Spin Stabilized Foam Rounds

Additional Information

40MM Sponge Round Smokeless Delivery System

48 inch casings Most accurate round to date Most reliable round

51

Hit with 40MM Spin Stabilized Round 45 feet from Barrel

Notice no rip or tear in clothing

52

Hit with 40 MM Sponge Round 30 feet from Barrel

Within 3 days of being hit

1 hours after being hit

Shooter Sgt Don WeiderLexington SCSheriffrsquos Office

53

Stinger Balls Additional Information

CS ndash CN Powder Filled Launched or Thrown 31 Caliber (approximately 180

RBrsquos)

15 Sec Time delay

54

12 Gauge Rubber Pellets

Description - Cartridge 12ga Sting Balltradereg

Type - Multiple Projectile Rubber Pellets

Velocity - 400 ftsec (Avg) Maximum Effective Range - 50 feetProjectiles - 18 (average)

High Energy Rounds 37 or 40MM Multiple Wooded Baton 37 or 40MM Multiple Rubber Baton 37 or 40MM Bean Bag round 40MM Spin Stabilized FoamSponge

Round 12 Gauge Single 4560 Cal Ball Round 12 Gauge Bean Bag Round

55

56

3740 MM Wooded Baton Rounds

3740 MM

55 or 8 Inch Casings

BlackSmokeless Powder

35 Baton Rounds

57

3740 MM Interlocking Rubber Baton

3740 MM

55 or 8 Inch Casings

BlackSmokeless Powder

35 Baton Rounds

58

3740 MM Mono Rubber Baton

3740 MM

55 or 8 Inch Casings

BlackSmokeless Powder

Single Baton Round

59

3740 MM Pen-Prevent or Super ldquoSOCrdquo Bean Bag Round

Additional Information

Black PowderSmokeless

Glass BeadsSilica Sand Lead Pelts

Aerodynamic or Non-Aerodynamic

60

40MM Spin Stabilized Foam Rounds

Additional Information 40MM Sponge Round Smokeless Delivery System 48 inch casing Most accurate round to date Special Nylon Casing

Only round which can be

effectively fired in all 5 ZONES

61

12 Gauge High Velocity - Rubber Pellets

Description - Cartridge 12ga Sting Balltrade HVreg

Type - Multiple Projectile Rubber Pellets

Velocity - 900 ftsec (Avg) Maximum Effective Range - 60 feet

Projectiles - 18 (average)

62

12 Gauge High Velocity - Tri-Dent 3 Rubber Ball

Description - Cartridge 12ga Sting Balltrade HVreg

Type - Multiple Projectile Rubber Balls

Velocity - 900 ftsec (Avg) Maximum Effective Range - 60 feet

Projectiles - 3

63

12 Gauge ldquoPen Preventrdquo Bean Bag Round

bull Projectile Weight - 40 gmbull Material - Shot filled Ballistic Fiber Reinforced flexible sock

bull Terminal Velocity - 280 fps (average) at 10 yardsreg

bull Accuracy - 4rdquo or better at 40 yards using a cylinder bore Remington 870

64

Categories of Rounds bull Flexible ndash Generally conforms to

surface it hits

bull Non-Flexible - Generally doesnrsquot conforms to surface it hits

bull Ridged ndash Generally shatters or bounces off surface it comes into contact with

65

Chapter 3

Angles of Fire

Angles of Fire Defined as the

aiming point with a

designated round for maximum accuracy

67

Direct Angle bull Direct ndash Directly aimed into the target area

68

TARGET

Indirect Anglebull Indirect ndash Skipped into the target area (Usually 3-6 feet based on terrain)

69

TARGET

Low Angle

bull Low Angle ndash Aimed just outside of point of aim point of impact distance

70

TARGET

High Angle

bull High Angle ndash Aimed in a high arch into target area

71

TARGET

Chapter 4

Cause and Effect

Cause amp Effect of Rounds

bull Mental - Discuss

bull Physical - Discuss

73

Mental Effectsbull Specialty Impact Munitions have a

tremendous MENTAL effect on an individual In many cases the mental effects may far outweigh the physical effects and be the determining factor in the subjectrsquos response or time of incapacitation or distraction ldquoA fear of being shotrdquo

74

Anxietybull The action of pointing a firearm directly at

an individual andor actually firing a projectile

bull The pain and at times the appearance of

the injury may reinforce this belief

bull Instructor Note Can be addressed through training

75

Fearbull Arouses connotations and a fear of having been

shot with a firearm SIMS may cause a powerful mental distraction

bull Mentally the subject must cope with the physiological pain that the body feels

bull Instructor Note Can be addressed through personal experience

76

Panicbull Panic is not a desirable response due to having

less control of the subject or crowd

bull The impact is likely to create fear which may create a fight or flight response

bull Crowds may scatter rendering the intended escape route useless

bull Instructor Note LEAST DESIREABLE RESPONSE

77

Chapter 5

Primary vs Secondary Injuries

Primary vs Secondary Injury

Primary Injury

bull An injury directly caused by the use of force tool use

80

Secondary Injurybull An injury indirectly caused by

the use of force tool use

bull Either from resistance from subject or another officer and or environmental surroundings

81

Flight of a projectile

bull Once leaving barrel seeks equal weight distribution ndash Pan Cakes Saucer Spin

bull Head Wind ndash Round May Dive or Risebull Tail Wind ndash Round may Float or Cork

Screwbull Cross Wind ndash ldquoJrdquo Turn

82

Projectile CalculationWhen the distance of the target

INCREASES it effects

Velocity + Accuracy + Impact = Injury

83

Projectile CalculationWhen the distance of the target

DECREASES it effects

Velocity + Accuracy + Impact = Injury

84

Chapter 6

Target areas when using SIM

Blunt Trauma vs

Penetration Trauma

Blunt Traumabull The MAXIMUM desired effect of an impact munitions is

BLUNT TRAUMA - an impact from an object that leaves the body surface intact but may cause sufficient (non-life threatening) injury to distract control or incapacitate the subject

Stinger Round Injury

Pepperball Injury

Stinger Round Injury87

Types of Blunt Trauma Injuries

bull Abrasions - Skimming the surface skin area

bull Contusions - Injury to the brain

bull Lacerations - Partially hitting the skin surface from the side cutting the surface

88

Continued Blunt Trauma Injuriesbull Fractures - Primary injury when

munition strikes target are directly

bull Secondary injury when munitions strikes target area and causes the body to fall striking another surface indirectly

bull Concussion - Glancing blows or missed target or Falling or collapsing of the subject 89

Penetration Traumabull The unintended and most

undesirable outcome of an SIMS is penetration

bull SIMrsquos can cause Death or serious bodily injury

90

PenetrationPuncture ndash Entering the body

at arsquo90 degree angle breaking

thesurface of the skin

91

Target Areas

Unable to use a striking color baton chart

because the chart was used to identify areas of the body for impact and

injuries for striking a human which is MUCH less

force then deploying Specially Impact

Munitions92

Meat amp Muscle Areas

bull Primary target areas that when striking the human body will cause mild to intense pain with NO LONG LASTING INJURY

93

Primary Target Area ndash the target area

consisting of large muscle groupsbull Buttocks bull Thigh amp Calvesbull Lower Abdominal Areabull BicepsTricepsbull Forearm area

94

Meat amp Bone Areasbull Secondary target areas that when striking the human body will cause mild to intense pain with MINOR to LONG LASTING INJURY

95

Secondary target areas are skeletal areas ndash

preferred - may result in fractures

bull Shoulderbull Kneesbull Anklesbull Wrists bull Elbows

96

Bone amp Sensitive Areasbull Last resort target areas that when

striking the human body will cause intense pain with long lasting injury which MAY RESULT IN SERIOUS BODILY HARM WHICH MAY RESULT IN DEATH

97

Last Resort Target Area ndash the target area when

maximum effectiveness is desired to meet a level of

threat escalating to deadly force justification

bull Head amp Throatbull Chest (center mass)bull Solar plexusbull Groinbull Spinebull Lower back

98

99

100

Clothing

1 In colder climates where heavier clothing and jackets are worn rounds with higher energy capabilities will be required

2 In a case where the subject is lightly dressed pay close attention to munitions selection shot placement and engagement distance

3 In detention facilities and during civil disturbances the subjects may pad themselves in order to defeat the effects of SIM

101

Physical Stature and Condition ndash Is the subject heavy musculature or thin and skeletal age

1 250-pound muscular individual will more than likely be physiologically effected less than a 100-pound individual when both are struck in the sametarget area by SIM

2 The blunt trauma effects and the potential for penetration are much greater for the smallerperson 102

37MM Foam Baton-15 feet=WHOHOW12 ga Rubber Pellets HV- 22 feet= WHOHOW40MM Bean Bag-34 feet=WHOHOW

213

90 to 140 lbs 131 to 185 lbs 186 to 220 lbs (220 to 350+)

103

Immediate Surroundings 1Is there any person in the immediate area who

maybe at risk of a deflected or missed shot

2Identify your target backstop and beyond

104

Chapter 7

Intervention Options

THE FORCE CONTINUUM ndash WHEN TO USE SIMrsquos

bull Ladder of Forcebull Force Continuumbull Circle of Forcebull Force Modularbull Escalation of Force

106

107

OFFICER PRESENCE

bull Uniform Badge bull Dedicated Weapon Displayed

bull On a Slingbull Port Arms bull Ready Carry Position

108

Presence

109

Verbal Commands

bull Please stand over there bull Please sit down on the chairbull Stop put your hands downbull Ending with ldquoDo it nowrdquobull Professional Tone amp Attitude

110

NON-Verbal

111

Verbalization

112

SOFT PHYSICAL TECHNIQUES

bull Slight touching or guiding contact

bull Cupping an elbow to escort Lightly grabbing an arm or shoulder

bull AIMING WEAPON113

Aiming WeaponFinger OFF

Trigger

114

HARD PHYSICAL TECHNIQUES

bull Limb Control Techniquesbull Takedown Ground Stabilizationbull Dynamic Countermeasuresbull Impact Techniquesbull Electrical Devicesbull Hand held impact weapons bull Specialty Impact Munitions

115

Firing the Weapon116

DEADLY FORCE

bull Impact Weaponsbull SIM ndash Changing Aiming Point

bull Neck Restraintbull Firearm

117

Transitioning to

firearm

118

Chapter 8

Documentation

Documentationbull Collect all munitions expended and photographed when practical

ndashEvery CasingndashMark Misfired or Damaged rounds 120

Documentation

bull An inventory of munitions used and not used should be noted

ndashWhat was issued and went out

ndashWhat was fired and misfiredndashWhat was lost and not recovered 121

Documentation

bull A report should be written detailing the order in which the events occurred and the police actions that were required

122

Documentation

bull Report the effectiveness of the various types of SIMrsquos and their delivery systems

ndashWhat did I fire that didnrsquot

ndashWhat did I fire that did123

Documentationbull Document any injuries sustained and property damage incurred

ndashInjuries to SubjectndashOfficersndashBystanders

124

Documentationbull After the crowd has dispersed it

is necessary to move rapidly into the target area to remove lingering groups and to prevent the crowd from regrouping and continuing illegal activity

ndashFollow ThroughndashSecuring the Area

125

LIABILITY ISSUES

The court will decide whether the actions of the officers were

(1)Consistent with the limits set forth by the constitution federal and state laws

(2)Consistent with departmental policy and procedures

(3)Consistent with training the officer received to handle such situations

126

5 Important Questions to ASK

bull What was the distance angle and elevation

bull What was the construction of the round used

bull What was the size of the subjectbull What was the expected point of impactbull What was the training of the shooter

127

Questions the Court will ASK

(1) Look at the conduct of other officers who were present andor participated in the actions

(2) The conduct of supervisors who may have authorized the actions of officers

128

Questions the Court will ASK

(1) Were the actions of the officers consistent with their training

(2) Was the training adequate and acceptable by contemporary standards

If the officers were not trained does it amountto deliberate indifference on the part of the

agency 129

Was the actions of the officer

bull A trained techniquebull Was it a dynamic application of

the trained techniquebull Was it an untrained technique

justified under the circumstances

130

Case Law

Know your laws

Graham v Connor 490 US 386 (1989)

a The US Supreme Court case that defined the standard under which excessive force claims would be judged

(1) The standard established was that of objective reasonableness(2) Prior to this the standard was police behavior that shocks the conscienceldquo

bIn this case the court redefined and set forth a less subjective standard

132Copyrighted by Dave Young

1990

City of Canton v Harris 489 US 378 109 S Ct 1197 (1989)

a In this case a woman was arrested and did not receive necessary medical attention after a shift commander was made aware of her condition and decided she did not need medical attention

b Although on the face the City of Canton policy addressed medical issues they were grossly negligent in that they did not provide the shift commanders with the proper training to make such decisions 133

Copyrighted by Dave Young 1990

City of Canton v Harris 489 US 378 109 S Ct 1197 (1989)

c There were many issues that emerged from this case however the primary issue was that of failure to train on the part of the city That negligence amounted to being deliberately in different to the rights of the plaintiff

The implications of Canton v Harris can also go beyond training issues however the burden of proving the Standard of deliberate indifference is on the plaintiff and not easy to prove

d Court Recommendation The duties that officers are assigned to perform must be accompanied with adequate training to perform that function

134Copyrighted by Dave Young

1990

ONeal v DeKalb County GA 850 F2d 653 (11th Cir 1988)

a A mental subject stabbed 7 people before being confronted by the police After repeatedly ordering the subject to drop the knife and lay on the floor the subject rushed the officers and was shot to death

b The court ruled that the use of deadly force instead of non-lethal force against a knife wielding suspect was not malicious or unreasonable therefore not actionable by the plaintiffs

135Copyrighted by Dave Young

1990

Plakas v Drinski 19 F3rd 1143 (7th Cir 1994) cert Denied 115 S Ct 81 (1994)

This case involved the shooting of a suspect who was

wielding a fire poker When the officer attempted to

arrest him he charged the officer with the fire poker and

was shot by police

(1)Plaintiffs who sued on behalf of the deceased claimed the officer did not use other means of force available to him at that time listing disabling chemical spray a police dog and distance

136Copyrighted by Dave Young

1990

Plakas v Drinski 19 F3rd 1143 (7th Cir 1994) cert Denied 115 SCt 81 (1994)

(2) The court stated ldquothat to permit every jury in this type of case to hear expert testimony that the defendant would have been uninjured if only the police had been able to use disabling gas or a capture net or a electrical device

(a)A municipality is liable because it failed to buy this equipment

(b)The Constitution does not enact a police administratorrsquos

equipment listlsquordquo

(c) The court ruled that there is no legal precedent that requires an officer to utilize alternatives to deadly force

137Copyrighted by Dave Young

1990

Davis v Mason County 927 F2d 1473 (9th Cir 1991)

aThe court ruled that the department had adequate training on the technical components of the use of force but did not have adequate training on the constitutional limits of the use of force in effecting arrests

138Copyrighted by Dave Young

1990

Davis v Mason County 927 F2d 1473 (9th Cir 1991)

b In other words the officers were trained on the how but not on the why and when the force is appropriate

c Court Recommendation Training should include confrontational scenarios of situations that require decision making then articulation by the officer as to the justification for the force used or not used

139Copyrighted by Dave Young

1990

Quezada v County of Bernalillo 944 F2d 710 (10th Cir 1991)

a The court ruled that an officer might be held liable for putting himself in a situation that requires him to use deadly force against an armed suicidal person

b This case involved an officer who left a position of cover to confront a suicidal subject

140Copyrighted by Dave Young

1990

141

Dave YoungFounder amp Director

ARMA Training

Website wwwarmatrainingcom772-913-1615

copyrighted by Dave Young 1994

WelcomeldquoTrain today to

prepare for your opponent tomorrow

Introduction to Instructor

bull Professional- Graduated first Police Academy in 1985bull Personal ndash Studied various martial art styles in Judo

Jujitsu Russian Sambo Krav-Magra Japanese Shoot Fighting ground fighting styles prior to developing this course From 1988-1992 researched and studied 5 major DT Programs ndash LAPD Miami Metro Dade FBI NYPD DFW

bull Organizations ndash Chairman of PoliceOnecom Advisory Board Police Magazine Advisory Technical Advisor for Force Science Research Center Active member of ILEETA

bull Experience ndash Over 35 years of grappling martial arts experience and real world encounters

Introduction to ARMA Trainingbull Focuses on Technical

information needed for Product Liability amp Tactical Information Needed for Street Application on Field Proven Strategies ONLY Conducts Instructor or Master Level Courses

ARMA TrainingPaperwork

ldquoIf it is not documented it didnrsquot HAPPEN

Student Waiver

Liability Form Ensure Officers are ldquoFit for Dutyrdquo Highlight Safety Concerns and

Issues in Class Shows ldquoDue Care for Studentsrdquo

Student Medical History Allows you to monitor your students

before classroom activities Allows the student to disclose any

medical concerns they may have directly to you

Allows you to get a feel for each students wellbeing

IMPORTANT Blood Pressure Warning

bull Ensures all students are medically safe and checks the pre-condition of their HEART BEFORE the class begins

bull Anything over14090 should be medially cleared to participate in training

Participation Acknowledgement Form

Allow you to clarify all expectations of what is expected of each student and instructor

Highlights important issues for instructor to set the pace with students

Clears all misunderstanding or confusion BEFORE the class begins

Failure to Respond to Training Form

Allow you to document any failed area for improving

future performance

Allows for student feedback

Documents level of proficiency

Student Injury Form

Allow you to document any injuries that happen during the course of the training programs

If itrsquos not recorded here it did not happen here

Documents injury and situation leading up to injury

First Sectionbull Take a 10 Minute Breakbull Restroombull Drinkbull Food

What makes a Good System

Legally Soundness (Meaning Course content is Review for Courtroom Testimony by Lawyers)

Medical Soundness (Meaning Course content is Reviewed by Licensed Doctors)

Tactical Soundness (Meaning Course content is Reviewed by sworn police officers and supported Field Proven Techniques)

Introduction to ARMA

bull ARMA Training Conducts over 70 different training programs both domestically and internationally at various satellite locations throughout the world

Unique Training Methods and Partners

bull Focuses on Technical needed for Product Liability amp Tactical Information Needed for Street Application on Field Proven Strategies Conducts Basic Instructor or Master Level Courses Represents Over 45 Different Companies

Special Partnershipbull Northwest Technical Collegebull Located in Green Bay WIbull All programs are state certified

through a higher learning of education

Chapter 1

History of Specialty Impact Munitions

31

H istory of Specia lty Im pact M un itions

CorrectionsS pecia l C ircum stances

D C TS O R T

Law EnforcementP atro lS W AT

C row d M anagem ent

MilitaryM Ilitary Po lice

S R TC iv il D istu rbance

Specialty Im pact M unitions

>

Kalimba

Mr Scruff

Ninja Tuna track 1

2008

Electronic

34808167

eng - Ninja Tune Records

- Ninja Tune Records

Correctional Use Cell Extraction Special Circumstances (Suicide by Inmate) Covering Chemical Munitions Regaining controlled areas Escorting Inmates Protecting Officers or Formations Protecting the perimeter Protecting Property

32

Law Enforcement Use Individual Targeted Subjects Special Circumstances (Suicide by Cop-

Standoff) Covering Chemical Munitions Regaining controlled areas Special Escorting Details Protecting Officers or Formations Protecting the Perimeter Protecting Property

33

Military Use Individual Targeted Subjects Special Circumstances (Suicide by Cop-Standoff) Covering Chemical Munitions Regaining controlled areas Humanitarian Missions Special Escorting Details Protecting Officers or Formations Protecting the perimeter Protecting Property

34

P O L I C E L I N E

35

Weapon Delivery Zones in Feet

Z O N E 1

Z O N E 3

Z O N E 2

Z O N E 4

Z O N E 5

Serious Threat

Intermediate Threat

Potential Threat

Possible Threat

Unlikely Threat

0 10

10 50

50 100

150100

150 200

Justification of SIM Use

Covering Chemical Munitions

Protecting Formations

Protecting Life and Property

36

Powder Delivery Systems

bull Black Powder ndash Advantages

bullCost EffectivebullMore Rounds AvailablebullCan ONLY be fired in 37MM

37

Powder Delivery Systemsbull Black Powder ndash Disadvantages

bullMost Corrosive to weaponbull Increased Malfunction possibility

bullGive Shooters position awaybullLeast accurate munitions

38

Powder Delivery Systems

bull Smokeless Black Powder ndash Advantages

bullLeast Corrosive to weaponbullReduced Malfunction possibility

bullConceals Shooters position bullMost accurate munitions

39

Powder Delivery Systems

bull Smokeless Powder ndash Disadvantages

bullMost costly munitions

40

Casing Sizes

bull 37MM ndash Usually 8 inch in length Black Powder

bull 3740MM ndash Usually 55 inch in length

Black Powder or Smokeless

bull 40MM ndash Usually 48 in in length Smokeless Powder

41

Chapter 2

Classifications of Specialty Impact Munitions

Classifications of SIM Rounds

43

Low Energy VS High Energy Only need one of both

bull Weatherbull Distance from threat

bull Terrain

Low Energybull Designed to deliver minimal energy to cause slight physical discomfort for pain compliance or mental distraction

44

High Energybull Designed to deliver enough energy to inflict blunt trauma to cause greater physical discomfort and possible incapacitation

45

Low Energy Roundsbull 37MM or 40MM Multiple Rubber

Balls (32 or 60 caliber) or Stinger Ball

bull 37MM or 40MM Multiple Foam Baton bull 40MM Spin Stabilized FoamSponge

Roundbull 12 Gauge Rubber Pellets ndash Marked

Low Velocity 46

47

3132 Caliber Stinger BallsAdditional Information

37mm or 40MM

Black Powder or Smokeless

3132 Caliber Ball (approx)

55 or 8 inch casings

48

4560 Cal Rubber Balls

Additional Information

3740MM

Approx 24 Rubber Balls

Average 325 FPS

49

Foam Baton Rounds

Additional Information 37mm or 40MM Black Powder or Smokeless 35 baton rounds - 55 or 8 inch casings

50

40MM Spin Stabilized Foam Rounds

Additional Information

40MM Sponge Round Smokeless Delivery System

48 inch casings Most accurate round to date Most reliable round

51

Hit with 40MM Spin Stabilized Round 45 feet from Barrel

Notice no rip or tear in clothing

52

Hit with 40 MM Sponge Round 30 feet from Barrel

Within 3 days of being hit

1 hours after being hit

Shooter Sgt Don WeiderLexington SCSheriffrsquos Office

53

Stinger Balls Additional Information

CS ndash CN Powder Filled Launched or Thrown 31 Caliber (approximately 180

RBrsquos)

15 Sec Time delay

54

12 Gauge Rubber Pellets

Description - Cartridge 12ga Sting Balltradereg

Type - Multiple Projectile Rubber Pellets

Velocity - 400 ftsec (Avg) Maximum Effective Range - 50 feetProjectiles - 18 (average)

High Energy Rounds 37 or 40MM Multiple Wooded Baton 37 or 40MM Multiple Rubber Baton 37 or 40MM Bean Bag round 40MM Spin Stabilized FoamSponge

Round 12 Gauge Single 4560 Cal Ball Round 12 Gauge Bean Bag Round

55

56

3740 MM Wooded Baton Rounds

3740 MM

55 or 8 Inch Casings

BlackSmokeless Powder

35 Baton Rounds

57

3740 MM Interlocking Rubber Baton

3740 MM

55 or 8 Inch Casings

BlackSmokeless Powder

35 Baton Rounds

58

3740 MM Mono Rubber Baton

3740 MM

55 or 8 Inch Casings

BlackSmokeless Powder

Single Baton Round

59

3740 MM Pen-Prevent or Super ldquoSOCrdquo Bean Bag Round

Additional Information

Black PowderSmokeless

Glass BeadsSilica Sand Lead Pelts

Aerodynamic or Non-Aerodynamic

60

40MM Spin Stabilized Foam Rounds

Additional Information 40MM Sponge Round Smokeless Delivery System 48 inch casing Most accurate round to date Special Nylon Casing

Only round which can be

effectively fired in all 5 ZONES

61

12 Gauge High Velocity - Rubber Pellets

Description - Cartridge 12ga Sting Balltrade HVreg

Type - Multiple Projectile Rubber Pellets

Velocity - 900 ftsec (Avg) Maximum Effective Range - 60 feet

Projectiles - 18 (average)

62

12 Gauge High Velocity - Tri-Dent 3 Rubber Ball

Description - Cartridge 12ga Sting Balltrade HVreg

Type - Multiple Projectile Rubber Balls

Velocity - 900 ftsec (Avg) Maximum Effective Range - 60 feet

Projectiles - 3

63

12 Gauge ldquoPen Preventrdquo Bean Bag Round

bull Projectile Weight - 40 gmbull Material - Shot filled Ballistic Fiber Reinforced flexible sock

bull Terminal Velocity - 280 fps (average) at 10 yardsreg

bull Accuracy - 4rdquo or better at 40 yards using a cylinder bore Remington 870

64

Categories of Rounds bull Flexible ndash Generally conforms to

surface it hits

bull Non-Flexible - Generally doesnrsquot conforms to surface it hits

bull Ridged ndash Generally shatters or bounces off surface it comes into contact with

65

Chapter 3

Angles of Fire

Angles of Fire Defined as the

aiming point with a

designated round for maximum accuracy

67

Direct Angle bull Direct ndash Directly aimed into the target area

68

TARGET

Indirect Anglebull Indirect ndash Skipped into the target area (Usually 3-6 feet based on terrain)

69

TARGET

Low Angle

bull Low Angle ndash Aimed just outside of point of aim point of impact distance

70

TARGET

High Angle

bull High Angle ndash Aimed in a high arch into target area

71

TARGET

Chapter 4

Cause and Effect

Cause amp Effect of Rounds

bull Mental - Discuss

bull Physical - Discuss

73

Mental Effectsbull Specialty Impact Munitions have a

tremendous MENTAL effect on an individual In many cases the mental effects may far outweigh the physical effects and be the determining factor in the subjectrsquos response or time of incapacitation or distraction ldquoA fear of being shotrdquo

74

Anxietybull The action of pointing a firearm directly at

an individual andor actually firing a projectile

bull The pain and at times the appearance of

the injury may reinforce this belief

bull Instructor Note Can be addressed through training

75

Fearbull Arouses connotations and a fear of having been

shot with a firearm SIMS may cause a powerful mental distraction

bull Mentally the subject must cope with the physiological pain that the body feels

bull Instructor Note Can be addressed through personal experience

76

Panicbull Panic is not a desirable response due to having

less control of the subject or crowd

bull The impact is likely to create fear which may create a fight or flight response

bull Crowds may scatter rendering the intended escape route useless

bull Instructor Note LEAST DESIREABLE RESPONSE

77

Chapter 5

Primary vs Secondary Injuries

Primary vs Secondary Injury

Primary Injury

bull An injury directly caused by the use of force tool use

80

Secondary Injurybull An injury indirectly caused by

the use of force tool use

bull Either from resistance from subject or another officer and or environmental surroundings

81

Flight of a projectile

bull Once leaving barrel seeks equal weight distribution ndash Pan Cakes Saucer Spin

bull Head Wind ndash Round May Dive or Risebull Tail Wind ndash Round may Float or Cork

Screwbull Cross Wind ndash ldquoJrdquo Turn

82

Projectile CalculationWhen the distance of the target

INCREASES it effects

Velocity + Accuracy + Impact = Injury

83

Projectile CalculationWhen the distance of the target

DECREASES it effects

Velocity + Accuracy + Impact = Injury

84

Chapter 6

Target areas when using SIM

Blunt Trauma vs

Penetration Trauma

Blunt Traumabull The MAXIMUM desired effect of an impact munitions is

BLUNT TRAUMA - an impact from an object that leaves the body surface intact but may cause sufficient (non-life threatening) injury to distract control or incapacitate the subject

Stinger Round Injury

Pepperball Injury

Stinger Round Injury87

Types of Blunt Trauma Injuries

bull Abrasions - Skimming the surface skin area

bull Contusions - Injury to the brain

bull Lacerations - Partially hitting the skin surface from the side cutting the surface

88

Continued Blunt Trauma Injuriesbull Fractures - Primary injury when

munition strikes target are directly

bull Secondary injury when munitions strikes target area and causes the body to fall striking another surface indirectly

bull Concussion - Glancing blows or missed target or Falling or collapsing of the subject 89

Penetration Traumabull The unintended and most

undesirable outcome of an SIMS is penetration

bull SIMrsquos can cause Death or serious bodily injury

90

PenetrationPuncture ndash Entering the body

at arsquo90 degree angle breaking

thesurface of the skin

91

Target Areas

Unable to use a striking color baton chart

because the chart was used to identify areas of the body for impact and

injuries for striking a human which is MUCH less

force then deploying Specially Impact

Munitions92

Meat amp Muscle Areas

bull Primary target areas that when striking the human body will cause mild to intense pain with NO LONG LASTING INJURY

93

Primary Target Area ndash the target area

consisting of large muscle groupsbull Buttocks bull Thigh amp Calvesbull Lower Abdominal Areabull BicepsTricepsbull Forearm area

94

Meat amp Bone Areasbull Secondary target areas that when striking the human body will cause mild to intense pain with MINOR to LONG LASTING INJURY

95

Secondary target areas are skeletal areas ndash

preferred - may result in fractures

bull Shoulderbull Kneesbull Anklesbull Wrists bull Elbows

96

Bone amp Sensitive Areasbull Last resort target areas that when

striking the human body will cause intense pain with long lasting injury which MAY RESULT IN SERIOUS BODILY HARM WHICH MAY RESULT IN DEATH

97

Last Resort Target Area ndash the target area when

maximum effectiveness is desired to meet a level of

threat escalating to deadly force justification

bull Head amp Throatbull Chest (center mass)bull Solar plexusbull Groinbull Spinebull Lower back

98

99

100

Clothing

1 In colder climates where heavier clothing and jackets are worn rounds with higher energy capabilities will be required

2 In a case where the subject is lightly dressed pay close attention to munitions selection shot placement and engagement distance

3 In detention facilities and during civil disturbances the subjects may pad themselves in order to defeat the effects of SIM

101

Physical Stature and Condition ndash Is the subject heavy musculature or thin and skeletal age

1 250-pound muscular individual will more than likely be physiologically effected less than a 100-pound individual when both are struck in the sametarget area by SIM

2 The blunt trauma effects and the potential for penetration are much greater for the smallerperson 102

37MM Foam Baton-15 feet=WHOHOW12 ga Rubber Pellets HV- 22 feet= WHOHOW40MM Bean Bag-34 feet=WHOHOW

213

90 to 140 lbs 131 to 185 lbs 186 to 220 lbs (220 to 350+)

103

Immediate Surroundings 1Is there any person in the immediate area who

maybe at risk of a deflected or missed shot

2Identify your target backstop and beyond

104

Chapter 7

Intervention Options

THE FORCE CONTINUUM ndash WHEN TO USE SIMrsquos

bull Ladder of Forcebull Force Continuumbull Circle of Forcebull Force Modularbull Escalation of Force

106

107

OFFICER PRESENCE

bull Uniform Badge bull Dedicated Weapon Displayed

bull On a Slingbull Port Arms bull Ready Carry Position

108

Presence

109

Verbal Commands

bull Please stand over there bull Please sit down on the chairbull Stop put your hands downbull Ending with ldquoDo it nowrdquobull Professional Tone amp Attitude

110

NON-Verbal

111

Verbalization

112

SOFT PHYSICAL TECHNIQUES

bull Slight touching or guiding contact

bull Cupping an elbow to escort Lightly grabbing an arm or shoulder

bull AIMING WEAPON113

Aiming WeaponFinger OFF

Trigger

114

HARD PHYSICAL TECHNIQUES

bull Limb Control Techniquesbull Takedown Ground Stabilizationbull Dynamic Countermeasuresbull Impact Techniquesbull Electrical Devicesbull Hand held impact weapons bull Specialty Impact Munitions

115

Firing the Weapon116

DEADLY FORCE

bull Impact Weaponsbull SIM ndash Changing Aiming Point

bull Neck Restraintbull Firearm

117

Transitioning to

firearm

118

Chapter 8

Documentation

Documentationbull Collect all munitions expended and photographed when practical

ndashEvery CasingndashMark Misfired or Damaged rounds 120

Documentation

bull An inventory of munitions used and not used should be noted

ndashWhat was issued and went out

ndashWhat was fired and misfiredndashWhat was lost and not recovered 121

Documentation

bull A report should be written detailing the order in which the events occurred and the police actions that were required

122

Documentation

bull Report the effectiveness of the various types of SIMrsquos and their delivery systems

ndashWhat did I fire that didnrsquot

ndashWhat did I fire that did123

Documentationbull Document any injuries sustained and property damage incurred

ndashInjuries to SubjectndashOfficersndashBystanders

124

Documentationbull After the crowd has dispersed it

is necessary to move rapidly into the target area to remove lingering groups and to prevent the crowd from regrouping and continuing illegal activity

ndashFollow ThroughndashSecuring the Area

125

LIABILITY ISSUES

The court will decide whether the actions of the officers were

(1)Consistent with the limits set forth by the constitution federal and state laws

(2)Consistent with departmental policy and procedures

(3)Consistent with training the officer received to handle such situations

126

5 Important Questions to ASK

bull What was the distance angle and elevation

bull What was the construction of the round used

bull What was the size of the subjectbull What was the expected point of impactbull What was the training of the shooter

127

Questions the Court will ASK

(1) Look at the conduct of other officers who were present andor participated in the actions

(2) The conduct of supervisors who may have authorized the actions of officers

128

Questions the Court will ASK

(1) Were the actions of the officers consistent with their training

(2) Was the training adequate and acceptable by contemporary standards

If the officers were not trained does it amountto deliberate indifference on the part of the

agency 129

Was the actions of the officer

bull A trained techniquebull Was it a dynamic application of

the trained techniquebull Was it an untrained technique

justified under the circumstances

130

Case Law

Know your laws

Graham v Connor 490 US 386 (1989)

a The US Supreme Court case that defined the standard under which excessive force claims would be judged

(1) The standard established was that of objective reasonableness(2) Prior to this the standard was police behavior that shocks the conscienceldquo

bIn this case the court redefined and set forth a less subjective standard

132Copyrighted by Dave Young

1990

City of Canton v Harris 489 US 378 109 S Ct 1197 (1989)

a In this case a woman was arrested and did not receive necessary medical attention after a shift commander was made aware of her condition and decided she did not need medical attention

b Although on the face the City of Canton policy addressed medical issues they were grossly negligent in that they did not provide the shift commanders with the proper training to make such decisions 133

Copyrighted by Dave Young 1990

City of Canton v Harris 489 US 378 109 S Ct 1197 (1989)

c There were many issues that emerged from this case however the primary issue was that of failure to train on the part of the city That negligence amounted to being deliberately in different to the rights of the plaintiff

The implications of Canton v Harris can also go beyond training issues however the burden of proving the Standard of deliberate indifference is on the plaintiff and not easy to prove

d Court Recommendation The duties that officers are assigned to perform must be accompanied with adequate training to perform that function

134Copyrighted by Dave Young

1990

ONeal v DeKalb County GA 850 F2d 653 (11th Cir 1988)

a A mental subject stabbed 7 people before being confronted by the police After repeatedly ordering the subject to drop the knife and lay on the floor the subject rushed the officers and was shot to death

b The court ruled that the use of deadly force instead of non-lethal force against a knife wielding suspect was not malicious or unreasonable therefore not actionable by the plaintiffs

135Copyrighted by Dave Young

1990

Plakas v Drinski 19 F3rd 1143 (7th Cir 1994) cert Denied 115 S Ct 81 (1994)

This case involved the shooting of a suspect who was

wielding a fire poker When the officer attempted to

arrest him he charged the officer with the fire poker and

was shot by police

(1)Plaintiffs who sued on behalf of the deceased claimed the officer did not use other means of force available to him at that time listing disabling chemical spray a police dog and distance

136Copyrighted by Dave Young

1990

Plakas v Drinski 19 F3rd 1143 (7th Cir 1994) cert Denied 115 SCt 81 (1994)

(2) The court stated ldquothat to permit every jury in this type of case to hear expert testimony that the defendant would have been uninjured if only the police had been able to use disabling gas or a capture net or a electrical device

(a)A municipality is liable because it failed to buy this equipment

(b)The Constitution does not enact a police administratorrsquos

equipment listlsquordquo

(c) The court ruled that there is no legal precedent that requires an officer to utilize alternatives to deadly force

137Copyrighted by Dave Young

1990

Davis v Mason County 927 F2d 1473 (9th Cir 1991)

aThe court ruled that the department had adequate training on the technical components of the use of force but did not have adequate training on the constitutional limits of the use of force in effecting arrests

138Copyrighted by Dave Young

1990

Davis v Mason County 927 F2d 1473 (9th Cir 1991)

b In other words the officers were trained on the how but not on the why and when the force is appropriate

c Court Recommendation Training should include confrontational scenarios of situations that require decision making then articulation by the officer as to the justification for the force used or not used

139Copyrighted by Dave Young

1990

Quezada v County of Bernalillo 944 F2d 710 (10th Cir 1991)

a The court ruled that an officer might be held liable for putting himself in a situation that requires him to use deadly force against an armed suicidal person

b This case involved an officer who left a position of cover to confront a suicidal subject

140Copyrighted by Dave Young

1990

141

Dave YoungFounder amp Director

ARMA Training

Website wwwarmatrainingcom772-913-1615

copyrighted by Dave Young 1994

Introduction to Instructor

bull Professional- Graduated first Police Academy in 1985bull Personal ndash Studied various martial art styles in Judo

Jujitsu Russian Sambo Krav-Magra Japanese Shoot Fighting ground fighting styles prior to developing this course From 1988-1992 researched and studied 5 major DT Programs ndash LAPD Miami Metro Dade FBI NYPD DFW

bull Organizations ndash Chairman of PoliceOnecom Advisory Board Police Magazine Advisory Technical Advisor for Force Science Research Center Active member of ILEETA

bull Experience ndash Over 35 years of grappling martial arts experience and real world encounters

Introduction to ARMA Trainingbull Focuses on Technical

information needed for Product Liability amp Tactical Information Needed for Street Application on Field Proven Strategies ONLY Conducts Instructor or Master Level Courses

ARMA TrainingPaperwork

ldquoIf it is not documented it didnrsquot HAPPEN

Student Waiver

Liability Form Ensure Officers are ldquoFit for Dutyrdquo Highlight Safety Concerns and

Issues in Class Shows ldquoDue Care for Studentsrdquo

Student Medical History Allows you to monitor your students

before classroom activities Allows the student to disclose any

medical concerns they may have directly to you

Allows you to get a feel for each students wellbeing

IMPORTANT Blood Pressure Warning

bull Ensures all students are medically safe and checks the pre-condition of their HEART BEFORE the class begins

bull Anything over14090 should be medially cleared to participate in training

Participation Acknowledgement Form

Allow you to clarify all expectations of what is expected of each student and instructor

Highlights important issues for instructor to set the pace with students

Clears all misunderstanding or confusion BEFORE the class begins

Failure to Respond to Training Form

Allow you to document any failed area for improving

future performance

Allows for student feedback

Documents level of proficiency

Student Injury Form

Allow you to document any injuries that happen during the course of the training programs

If itrsquos not recorded here it did not happen here

Documents injury and situation leading up to injury

First Sectionbull Take a 10 Minute Breakbull Restroombull Drinkbull Food

What makes a Good System

Legally Soundness (Meaning Course content is Review for Courtroom Testimony by Lawyers)

Medical Soundness (Meaning Course content is Reviewed by Licensed Doctors)

Tactical Soundness (Meaning Course content is Reviewed by sworn police officers and supported Field Proven Techniques)

Introduction to ARMA

bull ARMA Training Conducts over 70 different training programs both domestically and internationally at various satellite locations throughout the world

Unique Training Methods and Partners

bull Focuses on Technical needed for Product Liability amp Tactical Information Needed for Street Application on Field Proven Strategies Conducts Basic Instructor or Master Level Courses Represents Over 45 Different Companies

Special Partnershipbull Northwest Technical Collegebull Located in Green Bay WIbull All programs are state certified

through a higher learning of education

Chapter 1

History of Specialty Impact Munitions

31

H istory of Specia lty Im pact M un itions

CorrectionsS pecia l C ircum stances

D C TS O R T

Law EnforcementP atro lS W AT

C row d M anagem ent

MilitaryM Ilitary Po lice

S R TC iv il D istu rbance

Specialty Im pact M unitions

>

Kalimba

Mr Scruff

Ninja Tuna track 1

2008

Electronic

34808167

eng - Ninja Tune Records

- Ninja Tune Records

Correctional Use Cell Extraction Special Circumstances (Suicide by Inmate) Covering Chemical Munitions Regaining controlled areas Escorting Inmates Protecting Officers or Formations Protecting the perimeter Protecting Property

32

Law Enforcement Use Individual Targeted Subjects Special Circumstances (Suicide by Cop-

Standoff) Covering Chemical Munitions Regaining controlled areas Special Escorting Details Protecting Officers or Formations Protecting the Perimeter Protecting Property

33

Military Use Individual Targeted Subjects Special Circumstances (Suicide by Cop-Standoff) Covering Chemical Munitions Regaining controlled areas Humanitarian Missions Special Escorting Details Protecting Officers or Formations Protecting the perimeter Protecting Property

34

P O L I C E L I N E

35

Weapon Delivery Zones in Feet

Z O N E 1

Z O N E 3

Z O N E 2

Z O N E 4

Z O N E 5

Serious Threat

Intermediate Threat

Potential Threat

Possible Threat

Unlikely Threat

0 10

10 50

50 100

150100

150 200

Justification of SIM Use

Covering Chemical Munitions

Protecting Formations

Protecting Life and Property

36

Powder Delivery Systems

bull Black Powder ndash Advantages

bullCost EffectivebullMore Rounds AvailablebullCan ONLY be fired in 37MM

37

Powder Delivery Systemsbull Black Powder ndash Disadvantages

bullMost Corrosive to weaponbull Increased Malfunction possibility

bullGive Shooters position awaybullLeast accurate munitions

38

Powder Delivery Systems

bull Smokeless Black Powder ndash Advantages

bullLeast Corrosive to weaponbullReduced Malfunction possibility

bullConceals Shooters position bullMost accurate munitions

39

Powder Delivery Systems

bull Smokeless Powder ndash Disadvantages

bullMost costly munitions

40

Casing Sizes

bull 37MM ndash Usually 8 inch in length Black Powder

bull 3740MM ndash Usually 55 inch in length

Black Powder or Smokeless

bull 40MM ndash Usually 48 in in length Smokeless Powder

41

Chapter 2

Classifications of Specialty Impact Munitions

Classifications of SIM Rounds

43

Low Energy VS High Energy Only need one of both

bull Weatherbull Distance from threat

bull Terrain

Low Energybull Designed to deliver minimal energy to cause slight physical discomfort for pain compliance or mental distraction

44

High Energybull Designed to deliver enough energy to inflict blunt trauma to cause greater physical discomfort and possible incapacitation

45

Low Energy Roundsbull 37MM or 40MM Multiple Rubber

Balls (32 or 60 caliber) or Stinger Ball

bull 37MM or 40MM Multiple Foam Baton bull 40MM Spin Stabilized FoamSponge

Roundbull 12 Gauge Rubber Pellets ndash Marked

Low Velocity 46

47

3132 Caliber Stinger BallsAdditional Information

37mm or 40MM

Black Powder or Smokeless

3132 Caliber Ball (approx)

55 or 8 inch casings

48

4560 Cal Rubber Balls

Additional Information

3740MM

Approx 24 Rubber Balls

Average 325 FPS

49

Foam Baton Rounds

Additional Information 37mm or 40MM Black Powder or Smokeless 35 baton rounds - 55 or 8 inch casings

50

40MM Spin Stabilized Foam Rounds

Additional Information

40MM Sponge Round Smokeless Delivery System

48 inch casings Most accurate round to date Most reliable round

51

Hit with 40MM Spin Stabilized Round 45 feet from Barrel

Notice no rip or tear in clothing

52

Hit with 40 MM Sponge Round 30 feet from Barrel

Within 3 days of being hit

1 hours after being hit

Shooter Sgt Don WeiderLexington SCSheriffrsquos Office

53

Stinger Balls Additional Information

CS ndash CN Powder Filled Launched or Thrown 31 Caliber (approximately 180

RBrsquos)

15 Sec Time delay

54

12 Gauge Rubber Pellets

Description - Cartridge 12ga Sting Balltradereg

Type - Multiple Projectile Rubber Pellets

Velocity - 400 ftsec (Avg) Maximum Effective Range - 50 feetProjectiles - 18 (average)

High Energy Rounds 37 or 40MM Multiple Wooded Baton 37 or 40MM Multiple Rubber Baton 37 or 40MM Bean Bag round 40MM Spin Stabilized FoamSponge

Round 12 Gauge Single 4560 Cal Ball Round 12 Gauge Bean Bag Round

55

56

3740 MM Wooded Baton Rounds

3740 MM

55 or 8 Inch Casings

BlackSmokeless Powder

35 Baton Rounds

57

3740 MM Interlocking Rubber Baton

3740 MM

55 or 8 Inch Casings

BlackSmokeless Powder

35 Baton Rounds

58

3740 MM Mono Rubber Baton

3740 MM

55 or 8 Inch Casings

BlackSmokeless Powder

Single Baton Round

59

3740 MM Pen-Prevent or Super ldquoSOCrdquo Bean Bag Round

Additional Information

Black PowderSmokeless

Glass BeadsSilica Sand Lead Pelts

Aerodynamic or Non-Aerodynamic

60

40MM Spin Stabilized Foam Rounds

Additional Information 40MM Sponge Round Smokeless Delivery System 48 inch casing Most accurate round to date Special Nylon Casing

Only round which can be

effectively fired in all 5 ZONES

61

12 Gauge High Velocity - Rubber Pellets

Description - Cartridge 12ga Sting Balltrade HVreg

Type - Multiple Projectile Rubber Pellets

Velocity - 900 ftsec (Avg) Maximum Effective Range - 60 feet

Projectiles - 18 (average)

62

12 Gauge High Velocity - Tri-Dent 3 Rubber Ball

Description - Cartridge 12ga Sting Balltrade HVreg

Type - Multiple Projectile Rubber Balls

Velocity - 900 ftsec (Avg) Maximum Effective Range - 60 feet

Projectiles - 3

63

12 Gauge ldquoPen Preventrdquo Bean Bag Round

bull Projectile Weight - 40 gmbull Material - Shot filled Ballistic Fiber Reinforced flexible sock

bull Terminal Velocity - 280 fps (average) at 10 yardsreg

bull Accuracy - 4rdquo or better at 40 yards using a cylinder bore Remington 870

64

Categories of Rounds bull Flexible ndash Generally conforms to

surface it hits

bull Non-Flexible - Generally doesnrsquot conforms to surface it hits

bull Ridged ndash Generally shatters or bounces off surface it comes into contact with

65

Chapter 3

Angles of Fire

Angles of Fire Defined as the

aiming point with a

designated round for maximum accuracy

67

Direct Angle bull Direct ndash Directly aimed into the target area

68

TARGET

Indirect Anglebull Indirect ndash Skipped into the target area (Usually 3-6 feet based on terrain)

69

TARGET

Low Angle

bull Low Angle ndash Aimed just outside of point of aim point of impact distance

70

TARGET

High Angle

bull High Angle ndash Aimed in a high arch into target area

71

TARGET

Chapter 4

Cause and Effect

Cause amp Effect of Rounds

bull Mental - Discuss

bull Physical - Discuss

73

Mental Effectsbull Specialty Impact Munitions have a

tremendous MENTAL effect on an individual In many cases the mental effects may far outweigh the physical effects and be the determining factor in the subjectrsquos response or time of incapacitation or distraction ldquoA fear of being shotrdquo

74

Anxietybull The action of pointing a firearm directly at

an individual andor actually firing a projectile

bull The pain and at times the appearance of

the injury may reinforce this belief

bull Instructor Note Can be addressed through training

75

Fearbull Arouses connotations and a fear of having been

shot with a firearm SIMS may cause a powerful mental distraction

bull Mentally the subject must cope with the physiological pain that the body feels

bull Instructor Note Can be addressed through personal experience

76

Panicbull Panic is not a desirable response due to having

less control of the subject or crowd

bull The impact is likely to create fear which may create a fight or flight response

bull Crowds may scatter rendering the intended escape route useless

bull Instructor Note LEAST DESIREABLE RESPONSE

77

Chapter 5

Primary vs Secondary Injuries

Primary vs Secondary Injury

Primary Injury

bull An injury directly caused by the use of force tool use

80

Secondary Injurybull An injury indirectly caused by

the use of force tool use

bull Either from resistance from subject or another officer and or environmental surroundings

81

Flight of a projectile

bull Once leaving barrel seeks equal weight distribution ndash Pan Cakes Saucer Spin

bull Head Wind ndash Round May Dive or Risebull Tail Wind ndash Round may Float or Cork

Screwbull Cross Wind ndash ldquoJrdquo Turn

82

Projectile CalculationWhen the distance of the target

INCREASES it effects

Velocity + Accuracy + Impact = Injury

83

Projectile CalculationWhen the distance of the target

DECREASES it effects

Velocity + Accuracy + Impact = Injury

84

Chapter 6

Target areas when using SIM

Blunt Trauma vs

Penetration Trauma

Blunt Traumabull The MAXIMUM desired effect of an impact munitions is

BLUNT TRAUMA - an impact from an object that leaves the body surface intact but may cause sufficient (non-life threatening) injury to distract control or incapacitate the subject

Stinger Round Injury

Pepperball Injury

Stinger Round Injury87

Types of Blunt Trauma Injuries

bull Abrasions - Skimming the surface skin area

bull Contusions - Injury to the brain

bull Lacerations - Partially hitting the skin surface from the side cutting the surface

88

Continued Blunt Trauma Injuriesbull Fractures - Primary injury when

munition strikes target are directly

bull Secondary injury when munitions strikes target area and causes the body to fall striking another surface indirectly

bull Concussion - Glancing blows or missed target or Falling or collapsing of the subject 89

Penetration Traumabull The unintended and most

undesirable outcome of an SIMS is penetration

bull SIMrsquos can cause Death or serious bodily injury

90

PenetrationPuncture ndash Entering the body

at arsquo90 degree angle breaking

thesurface of the skin

91

Target Areas

Unable to use a striking color baton chart

because the chart was used to identify areas of the body for impact and

injuries for striking a human which is MUCH less

force then deploying Specially Impact

Munitions92

Meat amp Muscle Areas

bull Primary target areas that when striking the human body will cause mild to intense pain with NO LONG LASTING INJURY

93

Primary Target Area ndash the target area

consisting of large muscle groupsbull Buttocks bull Thigh amp Calvesbull Lower Abdominal Areabull BicepsTricepsbull Forearm area

94

Meat amp Bone Areasbull Secondary target areas that when striking the human body will cause mild to intense pain with MINOR to LONG LASTING INJURY

95

Secondary target areas are skeletal areas ndash

preferred - may result in fractures

bull Shoulderbull Kneesbull Anklesbull Wrists bull Elbows

96

Bone amp Sensitive Areasbull Last resort target areas that when

striking the human body will cause intense pain with long lasting injury which MAY RESULT IN SERIOUS BODILY HARM WHICH MAY RESULT IN DEATH

97

Last Resort Target Area ndash the target area when

maximum effectiveness is desired to meet a level of

threat escalating to deadly force justification

bull Head amp Throatbull Chest (center mass)bull Solar plexusbull Groinbull Spinebull Lower back

98

99

100

Clothing

1 In colder climates where heavier clothing and jackets are worn rounds with higher energy capabilities will be required

2 In a case where the subject is lightly dressed pay close attention to munitions selection shot placement and engagement distance

3 In detention facilities and during civil disturbances the subjects may pad themselves in order to defeat the effects of SIM

101

Physical Stature and Condition ndash Is the subject heavy musculature or thin and skeletal age

1 250-pound muscular individual will more than likely be physiologically effected less than a 100-pound individual when both are struck in the sametarget area by SIM

2 The blunt trauma effects and the potential for penetration are much greater for the smallerperson 102

37MM Foam Baton-15 feet=WHOHOW12 ga Rubber Pellets HV- 22 feet= WHOHOW40MM Bean Bag-34 feet=WHOHOW

213

90 to 140 lbs 131 to 185 lbs 186 to 220 lbs (220 to 350+)

103

Immediate Surroundings 1Is there any person in the immediate area who

maybe at risk of a deflected or missed shot

2Identify your target backstop and beyond

104

Chapter 7

Intervention Options

THE FORCE CONTINUUM ndash WHEN TO USE SIMrsquos

bull Ladder of Forcebull Force Continuumbull Circle of Forcebull Force Modularbull Escalation of Force

106

107

OFFICER PRESENCE

bull Uniform Badge bull Dedicated Weapon Displayed

bull On a Slingbull Port Arms bull Ready Carry Position

108

Presence

109

Verbal Commands

bull Please stand over there bull Please sit down on the chairbull Stop put your hands downbull Ending with ldquoDo it nowrdquobull Professional Tone amp Attitude

110

NON-Verbal

111

Verbalization

112

SOFT PHYSICAL TECHNIQUES

bull Slight touching or guiding contact

bull Cupping an elbow to escort Lightly grabbing an arm or shoulder

bull AIMING WEAPON113

Aiming WeaponFinger OFF

Trigger

114

HARD PHYSICAL TECHNIQUES

bull Limb Control Techniquesbull Takedown Ground Stabilizationbull Dynamic Countermeasuresbull Impact Techniquesbull Electrical Devicesbull Hand held impact weapons bull Specialty Impact Munitions

115

Firing the Weapon116

DEADLY FORCE

bull Impact Weaponsbull SIM ndash Changing Aiming Point

bull Neck Restraintbull Firearm

117

Transitioning to

firearm

118

Chapter 8

Documentation

Documentationbull Collect all munitions expended and photographed when practical

ndashEvery CasingndashMark Misfired or Damaged rounds 120

Documentation

bull An inventory of munitions used and not used should be noted

ndashWhat was issued and went out

ndashWhat was fired and misfiredndashWhat was lost and not recovered 121

Documentation

bull A report should be written detailing the order in which the events occurred and the police actions that were required

122

Documentation

bull Report the effectiveness of the various types of SIMrsquos and their delivery systems

ndashWhat did I fire that didnrsquot

ndashWhat did I fire that did123

Documentationbull Document any injuries sustained and property damage incurred

ndashInjuries to SubjectndashOfficersndashBystanders

124

Documentationbull After the crowd has dispersed it

is necessary to move rapidly into the target area to remove lingering groups and to prevent the crowd from regrouping and continuing illegal activity

ndashFollow ThroughndashSecuring the Area

125

LIABILITY ISSUES

The court will decide whether the actions of the officers were

(1)Consistent with the limits set forth by the constitution federal and state laws

(2)Consistent with departmental policy and procedures

(3)Consistent with training the officer received to handle such situations

126

5 Important Questions to ASK

bull What was the distance angle and elevation

bull What was the construction of the round used

bull What was the size of the subjectbull What was the expected point of impactbull What was the training of the shooter

127

Questions the Court will ASK

(1) Look at the conduct of other officers who were present andor participated in the actions

(2) The conduct of supervisors who may have authorized the actions of officers

128

Questions the Court will ASK

(1) Were the actions of the officers consistent with their training

(2) Was the training adequate and acceptable by contemporary standards

If the officers were not trained does it amountto deliberate indifference on the part of the

agency 129

Was the actions of the officer

bull A trained techniquebull Was it a dynamic application of

the trained techniquebull Was it an untrained technique

justified under the circumstances

130

Case Law

Know your laws

Graham v Connor 490 US 386 (1989)

a The US Supreme Court case that defined the standard under which excessive force claims would be judged

(1) The standard established was that of objective reasonableness(2) Prior to this the standard was police behavior that shocks the conscienceldquo

bIn this case the court redefined and set forth a less subjective standard

132Copyrighted by Dave Young

1990

City of Canton v Harris 489 US 378 109 S Ct 1197 (1989)

a In this case a woman was arrested and did not receive necessary medical attention after a shift commander was made aware of her condition and decided she did not need medical attention

b Although on the face the City of Canton policy addressed medical issues they were grossly negligent in that they did not provide the shift commanders with the proper training to make such decisions 133

Copyrighted by Dave Young 1990

City of Canton v Harris 489 US 378 109 S Ct 1197 (1989)

c There were many issues that emerged from this case however the primary issue was that of failure to train on the part of the city That negligence amounted to being deliberately in different to the rights of the plaintiff

The implications of Canton v Harris can also go beyond training issues however the burden of proving the Standard of deliberate indifference is on the plaintiff and not easy to prove

d Court Recommendation The duties that officers are assigned to perform must be accompanied with adequate training to perform that function

134Copyrighted by Dave Young

1990

ONeal v DeKalb County GA 850 F2d 653 (11th Cir 1988)

a A mental subject stabbed 7 people before being confronted by the police After repeatedly ordering the subject to drop the knife and lay on the floor the subject rushed the officers and was shot to death

b The court ruled that the use of deadly force instead of non-lethal force against a knife wielding suspect was not malicious or unreasonable therefore not actionable by the plaintiffs

135Copyrighted by Dave Young

1990

Plakas v Drinski 19 F3rd 1143 (7th Cir 1994) cert Denied 115 S Ct 81 (1994)

This case involved the shooting of a suspect who was

wielding a fire poker When the officer attempted to

arrest him he charged the officer with the fire poker and

was shot by police

(1)Plaintiffs who sued on behalf of the deceased claimed the officer did not use other means of force available to him at that time listing disabling chemical spray a police dog and distance

136Copyrighted by Dave Young

1990

Plakas v Drinski 19 F3rd 1143 (7th Cir 1994) cert Denied 115 SCt 81 (1994)

(2) The court stated ldquothat to permit every jury in this type of case to hear expert testimony that the defendant would have been uninjured if only the police had been able to use disabling gas or a capture net or a electrical device

(a)A municipality is liable because it failed to buy this equipment

(b)The Constitution does not enact a police administratorrsquos

equipment listlsquordquo

(c) The court ruled that there is no legal precedent that requires an officer to utilize alternatives to deadly force

137Copyrighted by Dave Young

1990

Davis v Mason County 927 F2d 1473 (9th Cir 1991)

aThe court ruled that the department had adequate training on the technical components of the use of force but did not have adequate training on the constitutional limits of the use of force in effecting arrests

138Copyrighted by Dave Young

1990

Davis v Mason County 927 F2d 1473 (9th Cir 1991)

b In other words the officers were trained on the how but not on the why and when the force is appropriate

c Court Recommendation Training should include confrontational scenarios of situations that require decision making then articulation by the officer as to the justification for the force used or not used

139Copyrighted by Dave Young

1990

Quezada v County of Bernalillo 944 F2d 710 (10th Cir 1991)

a The court ruled that an officer might be held liable for putting himself in a situation that requires him to use deadly force against an armed suicidal person

b This case involved an officer who left a position of cover to confront a suicidal subject

140Copyrighted by Dave Young

1990

141

Dave YoungFounder amp Director

ARMA Training

Website wwwarmatrainingcom772-913-1615

copyrighted by Dave Young 1994

Introduction to ARMA Trainingbull Focuses on Technical

information needed for Product Liability amp Tactical Information Needed for Street Application on Field Proven Strategies ONLY Conducts Instructor or Master Level Courses

ARMA TrainingPaperwork

ldquoIf it is not documented it didnrsquot HAPPEN

Student Waiver

Liability Form Ensure Officers are ldquoFit for Dutyrdquo Highlight Safety Concerns and

Issues in Class Shows ldquoDue Care for Studentsrdquo

Student Medical History Allows you to monitor your students

before classroom activities Allows the student to disclose any

medical concerns they may have directly to you

Allows you to get a feel for each students wellbeing

IMPORTANT Blood Pressure Warning

bull Ensures all students are medically safe and checks the pre-condition of their HEART BEFORE the class begins

bull Anything over14090 should be medially cleared to participate in training

Participation Acknowledgement Form

Allow you to clarify all expectations of what is expected of each student and instructor

Highlights important issues for instructor to set the pace with students

Clears all misunderstanding or confusion BEFORE the class begins

Failure to Respond to Training Form

Allow you to document any failed area for improving

future performance

Allows for student feedback

Documents level of proficiency

Student Injury Form

Allow you to document any injuries that happen during the course of the training programs

If itrsquos not recorded here it did not happen here

Documents injury and situation leading up to injury

First Sectionbull Take a 10 Minute Breakbull Restroombull Drinkbull Food

What makes a Good System

Legally Soundness (Meaning Course content is Review for Courtroom Testimony by Lawyers)

Medical Soundness (Meaning Course content is Reviewed by Licensed Doctors)

Tactical Soundness (Meaning Course content is Reviewed by sworn police officers and supported Field Proven Techniques)

Introduction to ARMA

bull ARMA Training Conducts over 70 different training programs both domestically and internationally at various satellite locations throughout the world

Unique Training Methods and Partners

bull Focuses on Technical needed for Product Liability amp Tactical Information Needed for Street Application on Field Proven Strategies Conducts Basic Instructor or Master Level Courses Represents Over 45 Different Companies

Special Partnershipbull Northwest Technical Collegebull Located in Green Bay WIbull All programs are state certified

through a higher learning of education

Chapter 1

History of Specialty Impact Munitions

31

H istory of Specia lty Im pact M un itions

CorrectionsS pecia l C ircum stances

D C TS O R T

Law EnforcementP atro lS W AT

C row d M anagem ent

MilitaryM Ilitary Po lice

S R TC iv il D istu rbance

Specialty Im pact M unitions

>

Kalimba

Mr Scruff

Ninja Tuna track 1

2008

Electronic

34808167

eng - Ninja Tune Records

- Ninja Tune Records

Correctional Use Cell Extraction Special Circumstances (Suicide by Inmate) Covering Chemical Munitions Regaining controlled areas Escorting Inmates Protecting Officers or Formations Protecting the perimeter Protecting Property

32

Law Enforcement Use Individual Targeted Subjects Special Circumstances (Suicide by Cop-

Standoff) Covering Chemical Munitions Regaining controlled areas Special Escorting Details Protecting Officers or Formations Protecting the Perimeter Protecting Property

33

Military Use Individual Targeted Subjects Special Circumstances (Suicide by Cop-Standoff) Covering Chemical Munitions Regaining controlled areas Humanitarian Missions Special Escorting Details Protecting Officers or Formations Protecting the perimeter Protecting Property

34

P O L I C E L I N E

35

Weapon Delivery Zones in Feet

Z O N E 1

Z O N E 3

Z O N E 2

Z O N E 4

Z O N E 5

Serious Threat

Intermediate Threat

Potential Threat

Possible Threat

Unlikely Threat

0 10

10 50

50 100

150100

150 200

Justification of SIM Use

Covering Chemical Munitions

Protecting Formations

Protecting Life and Property

36

Powder Delivery Systems

bull Black Powder ndash Advantages

bullCost EffectivebullMore Rounds AvailablebullCan ONLY be fired in 37MM

37

Powder Delivery Systemsbull Black Powder ndash Disadvantages

bullMost Corrosive to weaponbull Increased Malfunction possibility

bullGive Shooters position awaybullLeast accurate munitions

38

Powder Delivery Systems

bull Smokeless Black Powder ndash Advantages

bullLeast Corrosive to weaponbullReduced Malfunction possibility

bullConceals Shooters position bullMost accurate munitions

39

Powder Delivery Systems

bull Smokeless Powder ndash Disadvantages

bullMost costly munitions

40

Casing Sizes

bull 37MM ndash Usually 8 inch in length Black Powder

bull 3740MM ndash Usually 55 inch in length

Black Powder or Smokeless

bull 40MM ndash Usually 48 in in length Smokeless Powder

41

Chapter 2

Classifications of Specialty Impact Munitions

Classifications of SIM Rounds

43

Low Energy VS High Energy Only need one of both

bull Weatherbull Distance from threat

bull Terrain

Low Energybull Designed to deliver minimal energy to cause slight physical discomfort for pain compliance or mental distraction

44

High Energybull Designed to deliver enough energy to inflict blunt trauma to cause greater physical discomfort and possible incapacitation

45

Low Energy Roundsbull 37MM or 40MM Multiple Rubber

Balls (32 or 60 caliber) or Stinger Ball

bull 37MM or 40MM Multiple Foam Baton bull 40MM Spin Stabilized FoamSponge

Roundbull 12 Gauge Rubber Pellets ndash Marked

Low Velocity 46

47

3132 Caliber Stinger BallsAdditional Information

37mm or 40MM

Black Powder or Smokeless

3132 Caliber Ball (approx)

55 or 8 inch casings

48

4560 Cal Rubber Balls

Additional Information

3740MM

Approx 24 Rubber Balls

Average 325 FPS

49

Foam Baton Rounds

Additional Information 37mm or 40MM Black Powder or Smokeless 35 baton rounds - 55 or 8 inch casings

50

40MM Spin Stabilized Foam Rounds

Additional Information

40MM Sponge Round Smokeless Delivery System

48 inch casings Most accurate round to date Most reliable round

51

Hit with 40MM Spin Stabilized Round 45 feet from Barrel

Notice no rip or tear in clothing

52

Hit with 40 MM Sponge Round 30 feet from Barrel

Within 3 days of being hit

1 hours after being hit

Shooter Sgt Don WeiderLexington SCSheriffrsquos Office

53

Stinger Balls Additional Information

CS ndash CN Powder Filled Launched or Thrown 31 Caliber (approximately 180

RBrsquos)

15 Sec Time delay

54

12 Gauge Rubber Pellets

Description - Cartridge 12ga Sting Balltradereg

Type - Multiple Projectile Rubber Pellets

Velocity - 400 ftsec (Avg) Maximum Effective Range - 50 feetProjectiles - 18 (average)

High Energy Rounds 37 or 40MM Multiple Wooded Baton 37 or 40MM Multiple Rubber Baton 37 or 40MM Bean Bag round 40MM Spin Stabilized FoamSponge

Round 12 Gauge Single 4560 Cal Ball Round 12 Gauge Bean Bag Round

55

56

3740 MM Wooded Baton Rounds

3740 MM

55 or 8 Inch Casings

BlackSmokeless Powder

35 Baton Rounds

57

3740 MM Interlocking Rubber Baton

3740 MM

55 or 8 Inch Casings

BlackSmokeless Powder

35 Baton Rounds

58

3740 MM Mono Rubber Baton

3740 MM

55 or 8 Inch Casings

BlackSmokeless Powder

Single Baton Round

59

3740 MM Pen-Prevent or Super ldquoSOCrdquo Bean Bag Round

Additional Information

Black PowderSmokeless

Glass BeadsSilica Sand Lead Pelts

Aerodynamic or Non-Aerodynamic

60

40MM Spin Stabilized Foam Rounds

Additional Information 40MM Sponge Round Smokeless Delivery System 48 inch casing Most accurate round to date Special Nylon Casing

Only round which can be

effectively fired in all 5 ZONES

61

12 Gauge High Velocity - Rubber Pellets

Description - Cartridge 12ga Sting Balltrade HVreg

Type - Multiple Projectile Rubber Pellets

Velocity - 900 ftsec (Avg) Maximum Effective Range - 60 feet

Projectiles - 18 (average)

62

12 Gauge High Velocity - Tri-Dent 3 Rubber Ball

Description - Cartridge 12ga Sting Balltrade HVreg

Type - Multiple Projectile Rubber Balls

Velocity - 900 ftsec (Avg) Maximum Effective Range - 60 feet

Projectiles - 3

63

12 Gauge ldquoPen Preventrdquo Bean Bag Round

bull Projectile Weight - 40 gmbull Material - Shot filled Ballistic Fiber Reinforced flexible sock

bull Terminal Velocity - 280 fps (average) at 10 yardsreg

bull Accuracy - 4rdquo or better at 40 yards using a cylinder bore Remington 870

64

Categories of Rounds bull Flexible ndash Generally conforms to

surface it hits

bull Non-Flexible - Generally doesnrsquot conforms to surface it hits

bull Ridged ndash Generally shatters or bounces off surface it comes into contact with

65

Chapter 3

Angles of Fire

Angles of Fire Defined as the

aiming point with a

designated round for maximum accuracy

67

Direct Angle bull Direct ndash Directly aimed into the target area

68

TARGET

Indirect Anglebull Indirect ndash Skipped into the target area (Usually 3-6 feet based on terrain)

69

TARGET

Low Angle

bull Low Angle ndash Aimed just outside of point of aim point of impact distance

70

TARGET

High Angle

bull High Angle ndash Aimed in a high arch into target area

71

TARGET

Chapter 4

Cause and Effect

Cause amp Effect of Rounds

bull Mental - Discuss

bull Physical - Discuss

73

Mental Effectsbull Specialty Impact Munitions have a

tremendous MENTAL effect on an individual In many cases the mental effects may far outweigh the physical effects and be the determining factor in the subjectrsquos response or time of incapacitation or distraction ldquoA fear of being shotrdquo

74

Anxietybull The action of pointing a firearm directly at

an individual andor actually firing a projectile

bull The pain and at times the appearance of

the injury may reinforce this belief

bull Instructor Note Can be addressed through training

75

Fearbull Arouses connotations and a fear of having been

shot with a firearm SIMS may cause a powerful mental distraction

bull Mentally the subject must cope with the physiological pain that the body feels

bull Instructor Note Can be addressed through personal experience

76

Panicbull Panic is not a desirable response due to having

less control of the subject or crowd

bull The impact is likely to create fear which may create a fight or flight response

bull Crowds may scatter rendering the intended escape route useless

bull Instructor Note LEAST DESIREABLE RESPONSE

77

Chapter 5

Primary vs Secondary Injuries

Primary vs Secondary Injury

Primary Injury

bull An injury directly caused by the use of force tool use

80

Secondary Injurybull An injury indirectly caused by

the use of force tool use

bull Either from resistance from subject or another officer and or environmental surroundings

81

Flight of a projectile

bull Once leaving barrel seeks equal weight distribution ndash Pan Cakes Saucer Spin

bull Head Wind ndash Round May Dive or Risebull Tail Wind ndash Round may Float or Cork

Screwbull Cross Wind ndash ldquoJrdquo Turn

82

Projectile CalculationWhen the distance of the target

INCREASES it effects

Velocity + Accuracy + Impact = Injury

83

Projectile CalculationWhen the distance of the target

DECREASES it effects

Velocity + Accuracy + Impact = Injury

84

Chapter 6

Target areas when using SIM

Blunt Trauma vs

Penetration Trauma

Blunt Traumabull The MAXIMUM desired effect of an impact munitions is

BLUNT TRAUMA - an impact from an object that leaves the body surface intact but may cause sufficient (non-life threatening) injury to distract control or incapacitate the subject

Stinger Round Injury

Pepperball Injury

Stinger Round Injury87

Types of Blunt Trauma Injuries

bull Abrasions - Skimming the surface skin area

bull Contusions - Injury to the brain

bull Lacerations - Partially hitting the skin surface from the side cutting the surface

88

Continued Blunt Trauma Injuriesbull Fractures - Primary injury when

munition strikes target are directly

bull Secondary injury when munitions strikes target area and causes the body to fall striking another surface indirectly

bull Concussion - Glancing blows or missed target or Falling or collapsing of the subject 89

Penetration Traumabull The unintended and most

undesirable outcome of an SIMS is penetration

bull SIMrsquos can cause Death or serious bodily injury

90

PenetrationPuncture ndash Entering the body

at arsquo90 degree angle breaking

thesurface of the skin

91

Target Areas

Unable to use a striking color baton chart

because the chart was used to identify areas of the body for impact and

injuries for striking a human which is MUCH less

force then deploying Specially Impact

Munitions92

Meat amp Muscle Areas

bull Primary target areas that when striking the human body will cause mild to intense pain with NO LONG LASTING INJURY

93

Primary Target Area ndash the target area

consisting of large muscle groupsbull Buttocks bull Thigh amp Calvesbull Lower Abdominal Areabull BicepsTricepsbull Forearm area

94

Meat amp Bone Areasbull Secondary target areas that when striking the human body will cause mild to intense pain with MINOR to LONG LASTING INJURY

95

Secondary target areas are skeletal areas ndash

preferred - may result in fractures

bull Shoulderbull Kneesbull Anklesbull Wrists bull Elbows

96

Bone amp Sensitive Areasbull Last resort target areas that when

striking the human body will cause intense pain with long lasting injury which MAY RESULT IN SERIOUS BODILY HARM WHICH MAY RESULT IN DEATH

97

Last Resort Target Area ndash the target area when

maximum effectiveness is desired to meet a level of

threat escalating to deadly force justification

bull Head amp Throatbull Chest (center mass)bull Solar plexusbull Groinbull Spinebull Lower back

98

99

100

Clothing

1 In colder climates where heavier clothing and jackets are worn rounds with higher energy capabilities will be required

2 In a case where the subject is lightly dressed pay close attention to munitions selection shot placement and engagement distance

3 In detention facilities and during civil disturbances the subjects may pad themselves in order to defeat the effects of SIM

101

Physical Stature and Condition ndash Is the subject heavy musculature or thin and skeletal age

1 250-pound muscular individual will more than likely be physiologically effected less than a 100-pound individual when both are struck in the sametarget area by SIM

2 The blunt trauma effects and the potential for penetration are much greater for the smallerperson 102

37MM Foam Baton-15 feet=WHOHOW12 ga Rubber Pellets HV- 22 feet= WHOHOW40MM Bean Bag-34 feet=WHOHOW

213

90 to 140 lbs 131 to 185 lbs 186 to 220 lbs (220 to 350+)

103

Immediate Surroundings 1Is there any person in the immediate area who

maybe at risk of a deflected or missed shot

2Identify your target backstop and beyond

104

Chapter 7

Intervention Options

THE FORCE CONTINUUM ndash WHEN TO USE SIMrsquos

bull Ladder of Forcebull Force Continuumbull Circle of Forcebull Force Modularbull Escalation of Force

106

107

OFFICER PRESENCE

bull Uniform Badge bull Dedicated Weapon Displayed

bull On a Slingbull Port Arms bull Ready Carry Position

108

Presence

109

Verbal Commands

bull Please stand over there bull Please sit down on the chairbull Stop put your hands downbull Ending with ldquoDo it nowrdquobull Professional Tone amp Attitude

110

NON-Verbal

111

Verbalization

112

SOFT PHYSICAL TECHNIQUES

bull Slight touching or guiding contact

bull Cupping an elbow to escort Lightly grabbing an arm or shoulder

bull AIMING WEAPON113

Aiming WeaponFinger OFF

Trigger

114

HARD PHYSICAL TECHNIQUES

bull Limb Control Techniquesbull Takedown Ground Stabilizationbull Dynamic Countermeasuresbull Impact Techniquesbull Electrical Devicesbull Hand held impact weapons bull Specialty Impact Munitions

115

Firing the Weapon116

DEADLY FORCE

bull Impact Weaponsbull SIM ndash Changing Aiming Point

bull Neck Restraintbull Firearm

117

Transitioning to

firearm

118

Chapter 8

Documentation

Documentationbull Collect all munitions expended and photographed when practical

ndashEvery CasingndashMark Misfired or Damaged rounds 120

Documentation

bull An inventory of munitions used and not used should be noted

ndashWhat was issued and went out

ndashWhat was fired and misfiredndashWhat was lost and not recovered 121

Documentation

bull A report should be written detailing the order in which the events occurred and the police actions that were required

122

Documentation

bull Report the effectiveness of the various types of SIMrsquos and their delivery systems

ndashWhat did I fire that didnrsquot

ndashWhat did I fire that did123

Documentationbull Document any injuries sustained and property damage incurred

ndashInjuries to SubjectndashOfficersndashBystanders

124

Documentationbull After the crowd has dispersed it

is necessary to move rapidly into the target area to remove lingering groups and to prevent the crowd from regrouping and continuing illegal activity

ndashFollow ThroughndashSecuring the Area

125

LIABILITY ISSUES

The court will decide whether the actions of the officers were

(1)Consistent with the limits set forth by the constitution federal and state laws

(2)Consistent with departmental policy and procedures

(3)Consistent with training the officer received to handle such situations

126

5 Important Questions to ASK

bull What was the distance angle and elevation

bull What was the construction of the round used

bull What was the size of the subjectbull What was the expected point of impactbull What was the training of the shooter

127

Questions the Court will ASK

(1) Look at the conduct of other officers who were present andor participated in the actions

(2) The conduct of supervisors who may have authorized the actions of officers

128

Questions the Court will ASK

(1) Were the actions of the officers consistent with their training

(2) Was the training adequate and acceptable by contemporary standards

If the officers were not trained does it amountto deliberate indifference on the part of the

agency 129

Was the actions of the officer

bull A trained techniquebull Was it a dynamic application of

the trained techniquebull Was it an untrained technique

justified under the circumstances

130

Case Law

Know your laws

Graham v Connor 490 US 386 (1989)

a The US Supreme Court case that defined the standard under which excessive force claims would be judged

(1) The standard established was that of objective reasonableness(2) Prior to this the standard was police behavior that shocks the conscienceldquo

bIn this case the court redefined and set forth a less subjective standard

132Copyrighted by Dave Young

1990

City of Canton v Harris 489 US 378 109 S Ct 1197 (1989)

a In this case a woman was arrested and did not receive necessary medical attention after a shift commander was made aware of her condition and decided she did not need medical attention

b Although on the face the City of Canton policy addressed medical issues they were grossly negligent in that they did not provide the shift commanders with the proper training to make such decisions 133

Copyrighted by Dave Young 1990

City of Canton v Harris 489 US 378 109 S Ct 1197 (1989)

c There were many issues that emerged from this case however the primary issue was that of failure to train on the part of the city That negligence amounted to being deliberately in different to the rights of the plaintiff

The implications of Canton v Harris can also go beyond training issues however the burden of proving the Standard of deliberate indifference is on the plaintiff and not easy to prove

d Court Recommendation The duties that officers are assigned to perform must be accompanied with adequate training to perform that function

134Copyrighted by Dave Young

1990

ONeal v DeKalb County GA 850 F2d 653 (11th Cir 1988)

a A mental subject stabbed 7 people before being confronted by the police After repeatedly ordering the subject to drop the knife and lay on the floor the subject rushed the officers and was shot to death

b The court ruled that the use of deadly force instead of non-lethal force against a knife wielding suspect was not malicious or unreasonable therefore not actionable by the plaintiffs

135Copyrighted by Dave Young

1990

Plakas v Drinski 19 F3rd 1143 (7th Cir 1994) cert Denied 115 S Ct 81 (1994)

This case involved the shooting of a suspect who was

wielding a fire poker When the officer attempted to

arrest him he charged the officer with the fire poker and

was shot by police

(1)Plaintiffs who sued on behalf of the deceased claimed the officer did not use other means of force available to him at that time listing disabling chemical spray a police dog and distance

136Copyrighted by Dave Young

1990

Plakas v Drinski 19 F3rd 1143 (7th Cir 1994) cert Denied 115 SCt 81 (1994)

(2) The court stated ldquothat to permit every jury in this type of case to hear expert testimony that the defendant would have been uninjured if only the police had been able to use disabling gas or a capture net or a electrical device

(a)A municipality is liable because it failed to buy this equipment

(b)The Constitution does not enact a police administratorrsquos

equipment listlsquordquo

(c) The court ruled that there is no legal precedent that requires an officer to utilize alternatives to deadly force

137Copyrighted by Dave Young

1990

Davis v Mason County 927 F2d 1473 (9th Cir 1991)

aThe court ruled that the department had adequate training on the technical components of the use of force but did not have adequate training on the constitutional limits of the use of force in effecting arrests

138Copyrighted by Dave Young

1990

Davis v Mason County 927 F2d 1473 (9th Cir 1991)

b In other words the officers were trained on the how but not on the why and when the force is appropriate

c Court Recommendation Training should include confrontational scenarios of situations that require decision making then articulation by the officer as to the justification for the force used or not used

139Copyrighted by Dave Young

1990

Quezada v County of Bernalillo 944 F2d 710 (10th Cir 1991)

a The court ruled that an officer might be held liable for putting himself in a situation that requires him to use deadly force against an armed suicidal person

b This case involved an officer who left a position of cover to confront a suicidal subject

140Copyrighted by Dave Young

1990

141

Dave YoungFounder amp Director

ARMA Training

Website wwwarmatrainingcom772-913-1615

copyrighted by Dave Young 1994

ARMA TrainingPaperwork

ldquoIf it is not documented it didnrsquot HAPPEN

Student Waiver

Liability Form Ensure Officers are ldquoFit for Dutyrdquo Highlight Safety Concerns and

Issues in Class Shows ldquoDue Care for Studentsrdquo

Student Medical History Allows you to monitor your students

before classroom activities Allows the student to disclose any

medical concerns they may have directly to you

Allows you to get a feel for each students wellbeing

IMPORTANT Blood Pressure Warning

bull Ensures all students are medically safe and checks the pre-condition of their HEART BEFORE the class begins

bull Anything over14090 should be medially cleared to participate in training

Participation Acknowledgement Form

Allow you to clarify all expectations of what is expected of each student and instructor

Highlights important issues for instructor to set the pace with students

Clears all misunderstanding or confusion BEFORE the class begins

Failure to Respond to Training Form

Allow you to document any failed area for improving

future performance

Allows for student feedback

Documents level of proficiency

Student Injury Form

Allow you to document any injuries that happen during the course of the training programs

If itrsquos not recorded here it did not happen here

Documents injury and situation leading up to injury

First Sectionbull Take a 10 Minute Breakbull Restroombull Drinkbull Food

What makes a Good System

Legally Soundness (Meaning Course content is Review for Courtroom Testimony by Lawyers)

Medical Soundness (Meaning Course content is Reviewed by Licensed Doctors)

Tactical Soundness (Meaning Course content is Reviewed by sworn police officers and supported Field Proven Techniques)

Introduction to ARMA

bull ARMA Training Conducts over 70 different training programs both domestically and internationally at various satellite locations throughout the world

Unique Training Methods and Partners

bull Focuses on Technical needed for Product Liability amp Tactical Information Needed for Street Application on Field Proven Strategies Conducts Basic Instructor or Master Level Courses Represents Over 45 Different Companies

Special Partnershipbull Northwest Technical Collegebull Located in Green Bay WIbull All programs are state certified

through a higher learning of education

Chapter 1

History of Specialty Impact Munitions

31

H istory of Specia lty Im pact M un itions

CorrectionsS pecia l C ircum stances

D C TS O R T

Law EnforcementP atro lS W AT

C row d M anagem ent

MilitaryM Ilitary Po lice

S R TC iv il D istu rbance

Specialty Im pact M unitions

>

Kalimba

Mr Scruff

Ninja Tuna track 1

2008

Electronic

34808167

eng - Ninja Tune Records

- Ninja Tune Records

Correctional Use Cell Extraction Special Circumstances (Suicide by Inmate) Covering Chemical Munitions Regaining controlled areas Escorting Inmates Protecting Officers or Formations Protecting the perimeter Protecting Property

32

Law Enforcement Use Individual Targeted Subjects Special Circumstances (Suicide by Cop-

Standoff) Covering Chemical Munitions Regaining controlled areas Special Escorting Details Protecting Officers or Formations Protecting the Perimeter Protecting Property

33

Military Use Individual Targeted Subjects Special Circumstances (Suicide by Cop-Standoff) Covering Chemical Munitions Regaining controlled areas Humanitarian Missions Special Escorting Details Protecting Officers or Formations Protecting the perimeter Protecting Property

34

P O L I C E L I N E

35

Weapon Delivery Zones in Feet

Z O N E 1

Z O N E 3

Z O N E 2

Z O N E 4

Z O N E 5

Serious Threat

Intermediate Threat

Potential Threat

Possible Threat

Unlikely Threat

0 10

10 50

50 100

150100

150 200

Justification of SIM Use

Covering Chemical Munitions

Protecting Formations

Protecting Life and Property

36

Powder Delivery Systems

bull Black Powder ndash Advantages

bullCost EffectivebullMore Rounds AvailablebullCan ONLY be fired in 37MM

37

Powder Delivery Systemsbull Black Powder ndash Disadvantages

bullMost Corrosive to weaponbull Increased Malfunction possibility

bullGive Shooters position awaybullLeast accurate munitions

38

Powder Delivery Systems

bull Smokeless Black Powder ndash Advantages

bullLeast Corrosive to weaponbullReduced Malfunction possibility

bullConceals Shooters position bullMost accurate munitions

39

Powder Delivery Systems

bull Smokeless Powder ndash Disadvantages

bullMost costly munitions

40

Casing Sizes

bull 37MM ndash Usually 8 inch in length Black Powder

bull 3740MM ndash Usually 55 inch in length

Black Powder or Smokeless

bull 40MM ndash Usually 48 in in length Smokeless Powder

41

Chapter 2

Classifications of Specialty Impact Munitions

Classifications of SIM Rounds

43

Low Energy VS High Energy Only need one of both

bull Weatherbull Distance from threat

bull Terrain

Low Energybull Designed to deliver minimal energy to cause slight physical discomfort for pain compliance or mental distraction

44

High Energybull Designed to deliver enough energy to inflict blunt trauma to cause greater physical discomfort and possible incapacitation

45

Low Energy Roundsbull 37MM or 40MM Multiple Rubber

Balls (32 or 60 caliber) or Stinger Ball

bull 37MM or 40MM Multiple Foam Baton bull 40MM Spin Stabilized FoamSponge

Roundbull 12 Gauge Rubber Pellets ndash Marked

Low Velocity 46

47

3132 Caliber Stinger BallsAdditional Information

37mm or 40MM

Black Powder or Smokeless

3132 Caliber Ball (approx)

55 or 8 inch casings

48

4560 Cal Rubber Balls

Additional Information

3740MM

Approx 24 Rubber Balls

Average 325 FPS

49

Foam Baton Rounds

Additional Information 37mm or 40MM Black Powder or Smokeless 35 baton rounds - 55 or 8 inch casings

50

40MM Spin Stabilized Foam Rounds

Additional Information

40MM Sponge Round Smokeless Delivery System

48 inch casings Most accurate round to date Most reliable round

51

Hit with 40MM Spin Stabilized Round 45 feet from Barrel

Notice no rip or tear in clothing

52

Hit with 40 MM Sponge Round 30 feet from Barrel

Within 3 days of being hit

1 hours after being hit

Shooter Sgt Don WeiderLexington SCSheriffrsquos Office

53

Stinger Balls Additional Information

CS ndash CN Powder Filled Launched or Thrown 31 Caliber (approximately 180

RBrsquos)

15 Sec Time delay

54

12 Gauge Rubber Pellets

Description - Cartridge 12ga Sting Balltradereg

Type - Multiple Projectile Rubber Pellets

Velocity - 400 ftsec (Avg) Maximum Effective Range - 50 feetProjectiles - 18 (average)

High Energy Rounds 37 or 40MM Multiple Wooded Baton 37 or 40MM Multiple Rubber Baton 37 or 40MM Bean Bag round 40MM Spin Stabilized FoamSponge

Round 12 Gauge Single 4560 Cal Ball Round 12 Gauge Bean Bag Round

55

56

3740 MM Wooded Baton Rounds

3740 MM

55 or 8 Inch Casings

BlackSmokeless Powder

35 Baton Rounds

57

3740 MM Interlocking Rubber Baton

3740 MM

55 or 8 Inch Casings

BlackSmokeless Powder

35 Baton Rounds

58

3740 MM Mono Rubber Baton

3740 MM

55 or 8 Inch Casings

BlackSmokeless Powder

Single Baton Round

59

3740 MM Pen-Prevent or Super ldquoSOCrdquo Bean Bag Round

Additional Information

Black PowderSmokeless

Glass BeadsSilica Sand Lead Pelts

Aerodynamic or Non-Aerodynamic

60

40MM Spin Stabilized Foam Rounds

Additional Information 40MM Sponge Round Smokeless Delivery System 48 inch casing Most accurate round to date Special Nylon Casing

Only round which can be

effectively fired in all 5 ZONES

61

12 Gauge High Velocity - Rubber Pellets

Description - Cartridge 12ga Sting Balltrade HVreg

Type - Multiple Projectile Rubber Pellets

Velocity - 900 ftsec (Avg) Maximum Effective Range - 60 feet

Projectiles - 18 (average)

62

12 Gauge High Velocity - Tri-Dent 3 Rubber Ball

Description - Cartridge 12ga Sting Balltrade HVreg

Type - Multiple Projectile Rubber Balls

Velocity - 900 ftsec (Avg) Maximum Effective Range - 60 feet

Projectiles - 3

63

12 Gauge ldquoPen Preventrdquo Bean Bag Round

bull Projectile Weight - 40 gmbull Material - Shot filled Ballistic Fiber Reinforced flexible sock

bull Terminal Velocity - 280 fps (average) at 10 yardsreg

bull Accuracy - 4rdquo or better at 40 yards using a cylinder bore Remington 870

64

Categories of Rounds bull Flexible ndash Generally conforms to

surface it hits

bull Non-Flexible - Generally doesnrsquot conforms to surface it hits

bull Ridged ndash Generally shatters or bounces off surface it comes into contact with

65

Chapter 3

Angles of Fire

Angles of Fire Defined as the

aiming point with a

designated round for maximum accuracy

67

Direct Angle bull Direct ndash Directly aimed into the target area

68

TARGET

Indirect Anglebull Indirect ndash Skipped into the target area (Usually 3-6 feet based on terrain)

69

TARGET

Low Angle

bull Low Angle ndash Aimed just outside of point of aim point of impact distance

70

TARGET

High Angle

bull High Angle ndash Aimed in a high arch into target area

71

TARGET

Chapter 4

Cause and Effect

Cause amp Effect of Rounds

bull Mental - Discuss

bull Physical - Discuss

73

Mental Effectsbull Specialty Impact Munitions have a

tremendous MENTAL effect on an individual In many cases the mental effects may far outweigh the physical effects and be the determining factor in the subjectrsquos response or time of incapacitation or distraction ldquoA fear of being shotrdquo

74

Anxietybull The action of pointing a firearm directly at

an individual andor actually firing a projectile

bull The pain and at times the appearance of

the injury may reinforce this belief

bull Instructor Note Can be addressed through training

75

Fearbull Arouses connotations and a fear of having been

shot with a firearm SIMS may cause a powerful mental distraction

bull Mentally the subject must cope with the physiological pain that the body feels

bull Instructor Note Can be addressed through personal experience

76

Panicbull Panic is not a desirable response due to having

less control of the subject or crowd

bull The impact is likely to create fear which may create a fight or flight response

bull Crowds may scatter rendering the intended escape route useless

bull Instructor Note LEAST DESIREABLE RESPONSE

77

Chapter 5

Primary vs Secondary Injuries

Primary vs Secondary Injury

Primary Injury

bull An injury directly caused by the use of force tool use

80

Secondary Injurybull An injury indirectly caused by

the use of force tool use

bull Either from resistance from subject or another officer and or environmental surroundings

81

Flight of a projectile

bull Once leaving barrel seeks equal weight distribution ndash Pan Cakes Saucer Spin

bull Head Wind ndash Round May Dive or Risebull Tail Wind ndash Round may Float or Cork

Screwbull Cross Wind ndash ldquoJrdquo Turn

82

Projectile CalculationWhen the distance of the target

INCREASES it effects

Velocity + Accuracy + Impact = Injury

83

Projectile CalculationWhen the distance of the target

DECREASES it effects

Velocity + Accuracy + Impact = Injury

84

Chapter 6

Target areas when using SIM

Blunt Trauma vs

Penetration Trauma

Blunt Traumabull The MAXIMUM desired effect of an impact munitions is

BLUNT TRAUMA - an impact from an object that leaves the body surface intact but may cause sufficient (non-life threatening) injury to distract control or incapacitate the subject

Stinger Round Injury

Pepperball Injury

Stinger Round Injury87

Types of Blunt Trauma Injuries

bull Abrasions - Skimming the surface skin area

bull Contusions - Injury to the brain

bull Lacerations - Partially hitting the skin surface from the side cutting the surface

88

Continued Blunt Trauma Injuriesbull Fractures - Primary injury when

munition strikes target are directly

bull Secondary injury when munitions strikes target area and causes the body to fall striking another surface indirectly

bull Concussion - Glancing blows or missed target or Falling or collapsing of the subject 89

Penetration Traumabull The unintended and most

undesirable outcome of an SIMS is penetration

bull SIMrsquos can cause Death or serious bodily injury

90

PenetrationPuncture ndash Entering the body

at arsquo90 degree angle breaking

thesurface of the skin

91

Target Areas

Unable to use a striking color baton chart

because the chart was used to identify areas of the body for impact and

injuries for striking a human which is MUCH less

force then deploying Specially Impact

Munitions92

Meat amp Muscle Areas

bull Primary target areas that when striking the human body will cause mild to intense pain with NO LONG LASTING INJURY

93

Primary Target Area ndash the target area

consisting of large muscle groupsbull Buttocks bull Thigh amp Calvesbull Lower Abdominal Areabull BicepsTricepsbull Forearm area

94

Meat amp Bone Areasbull Secondary target areas that when striking the human body will cause mild to intense pain with MINOR to LONG LASTING INJURY

95

Secondary target areas are skeletal areas ndash

preferred - may result in fractures

bull Shoulderbull Kneesbull Anklesbull Wrists bull Elbows

96

Bone amp Sensitive Areasbull Last resort target areas that when

striking the human body will cause intense pain with long lasting injury which MAY RESULT IN SERIOUS BODILY HARM WHICH MAY RESULT IN DEATH

97

Last Resort Target Area ndash the target area when

maximum effectiveness is desired to meet a level of

threat escalating to deadly force justification

bull Head amp Throatbull Chest (center mass)bull Solar plexusbull Groinbull Spinebull Lower back

98

99

100

Clothing

1 In colder climates where heavier clothing and jackets are worn rounds with higher energy capabilities will be required

2 In a case where the subject is lightly dressed pay close attention to munitions selection shot placement and engagement distance

3 In detention facilities and during civil disturbances the subjects may pad themselves in order to defeat the effects of SIM

101

Physical Stature and Condition ndash Is the subject heavy musculature or thin and skeletal age

1 250-pound muscular individual will more than likely be physiologically effected less than a 100-pound individual when both are struck in the sametarget area by SIM

2 The blunt trauma effects and the potential for penetration are much greater for the smallerperson 102

37MM Foam Baton-15 feet=WHOHOW12 ga Rubber Pellets HV- 22 feet= WHOHOW40MM Bean Bag-34 feet=WHOHOW

213

90 to 140 lbs 131 to 185 lbs 186 to 220 lbs (220 to 350+)

103

Immediate Surroundings 1Is there any person in the immediate area who

maybe at risk of a deflected or missed shot

2Identify your target backstop and beyond

104

Chapter 7

Intervention Options

THE FORCE CONTINUUM ndash WHEN TO USE SIMrsquos

bull Ladder of Forcebull Force Continuumbull Circle of Forcebull Force Modularbull Escalation of Force

106

107

OFFICER PRESENCE

bull Uniform Badge bull Dedicated Weapon Displayed

bull On a Slingbull Port Arms bull Ready Carry Position

108

Presence

109

Verbal Commands

bull Please stand over there bull Please sit down on the chairbull Stop put your hands downbull Ending with ldquoDo it nowrdquobull Professional Tone amp Attitude

110

NON-Verbal

111

Verbalization

112

SOFT PHYSICAL TECHNIQUES

bull Slight touching or guiding contact

bull Cupping an elbow to escort Lightly grabbing an arm or shoulder

bull AIMING WEAPON113

Aiming WeaponFinger OFF

Trigger

114

HARD PHYSICAL TECHNIQUES

bull Limb Control Techniquesbull Takedown Ground Stabilizationbull Dynamic Countermeasuresbull Impact Techniquesbull Electrical Devicesbull Hand held impact weapons bull Specialty Impact Munitions

115

Firing the Weapon116

DEADLY FORCE

bull Impact Weaponsbull SIM ndash Changing Aiming Point

bull Neck Restraintbull Firearm

117

Transitioning to

firearm

118

Chapter 8

Documentation

Documentationbull Collect all munitions expended and photographed when practical

ndashEvery CasingndashMark Misfired or Damaged rounds 120

Documentation

bull An inventory of munitions used and not used should be noted

ndashWhat was issued and went out

ndashWhat was fired and misfiredndashWhat was lost and not recovered 121

Documentation

bull A report should be written detailing the order in which the events occurred and the police actions that were required

122

Documentation

bull Report the effectiveness of the various types of SIMrsquos and their delivery systems

ndashWhat did I fire that didnrsquot

ndashWhat did I fire that did123

Documentationbull Document any injuries sustained and property damage incurred

ndashInjuries to SubjectndashOfficersndashBystanders

124

Documentationbull After the crowd has dispersed it

is necessary to move rapidly into the target area to remove lingering groups and to prevent the crowd from regrouping and continuing illegal activity

ndashFollow ThroughndashSecuring the Area

125

LIABILITY ISSUES

The court will decide whether the actions of the officers were

(1)Consistent with the limits set forth by the constitution federal and state laws

(2)Consistent with departmental policy and procedures

(3)Consistent with training the officer received to handle such situations

126

5 Important Questions to ASK

bull What was the distance angle and elevation

bull What was the construction of the round used

bull What was the size of the subjectbull What was the expected point of impactbull What was the training of the shooter

127

Questions the Court will ASK

(1) Look at the conduct of other officers who were present andor participated in the actions

(2) The conduct of supervisors who may have authorized the actions of officers

128

Questions the Court will ASK

(1) Were the actions of the officers consistent with their training

(2) Was the training adequate and acceptable by contemporary standards

If the officers were not trained does it amountto deliberate indifference on the part of the

agency 129

Was the actions of the officer

bull A trained techniquebull Was it a dynamic application of

the trained techniquebull Was it an untrained technique

justified under the circumstances

130

Case Law

Know your laws

Graham v Connor 490 US 386 (1989)

a The US Supreme Court case that defined the standard under which excessive force claims would be judged

(1) The standard established was that of objective reasonableness(2) Prior to this the standard was police behavior that shocks the conscienceldquo

bIn this case the court redefined and set forth a less subjective standard

132Copyrighted by Dave Young

1990

City of Canton v Harris 489 US 378 109 S Ct 1197 (1989)

a In this case a woman was arrested and did not receive necessary medical attention after a shift commander was made aware of her condition and decided she did not need medical attention

b Although on the face the City of Canton policy addressed medical issues they were grossly negligent in that they did not provide the shift commanders with the proper training to make such decisions 133

Copyrighted by Dave Young 1990

City of Canton v Harris 489 US 378 109 S Ct 1197 (1989)

c There were many issues that emerged from this case however the primary issue was that of failure to train on the part of the city That negligence amounted to being deliberately in different to the rights of the plaintiff

The implications of Canton v Harris can also go beyond training issues however the burden of proving the Standard of deliberate indifference is on the plaintiff and not easy to prove

d Court Recommendation The duties that officers are assigned to perform must be accompanied with adequate training to perform that function

134Copyrighted by Dave Young

1990

ONeal v DeKalb County GA 850 F2d 653 (11th Cir 1988)

a A mental subject stabbed 7 people before being confronted by the police After repeatedly ordering the subject to drop the knife and lay on the floor the subject rushed the officers and was shot to death

b The court ruled that the use of deadly force instead of non-lethal force against a knife wielding suspect was not malicious or unreasonable therefore not actionable by the plaintiffs

135Copyrighted by Dave Young

1990

Plakas v Drinski 19 F3rd 1143 (7th Cir 1994) cert Denied 115 S Ct 81 (1994)

This case involved the shooting of a suspect who was

wielding a fire poker When the officer attempted to

arrest him he charged the officer with the fire poker and

was shot by police

(1)Plaintiffs who sued on behalf of the deceased claimed the officer did not use other means of force available to him at that time listing disabling chemical spray a police dog and distance

136Copyrighted by Dave Young

1990

Plakas v Drinski 19 F3rd 1143 (7th Cir 1994) cert Denied 115 SCt 81 (1994)

(2) The court stated ldquothat to permit every jury in this type of case to hear expert testimony that the defendant would have been uninjured if only the police had been able to use disabling gas or a capture net or a electrical device

(a)A municipality is liable because it failed to buy this equipment

(b)The Constitution does not enact a police administratorrsquos

equipment listlsquordquo

(c) The court ruled that there is no legal precedent that requires an officer to utilize alternatives to deadly force

137Copyrighted by Dave Young

1990

Davis v Mason County 927 F2d 1473 (9th Cir 1991)

aThe court ruled that the department had adequate training on the technical components of the use of force but did not have adequate training on the constitutional limits of the use of force in effecting arrests

138Copyrighted by Dave Young

1990

Davis v Mason County 927 F2d 1473 (9th Cir 1991)

b In other words the officers were trained on the how but not on the why and when the force is appropriate

c Court Recommendation Training should include confrontational scenarios of situations that require decision making then articulation by the officer as to the justification for the force used or not used

139Copyrighted by Dave Young

1990

Quezada v County of Bernalillo 944 F2d 710 (10th Cir 1991)

a The court ruled that an officer might be held liable for putting himself in a situation that requires him to use deadly force against an armed suicidal person

b This case involved an officer who left a position of cover to confront a suicidal subject

140Copyrighted by Dave Young

1990

141

Dave YoungFounder amp Director

ARMA Training

Website wwwarmatrainingcom772-913-1615

copyrighted by Dave Young 1994

Student Waiver

Liability Form Ensure Officers are ldquoFit for Dutyrdquo Highlight Safety Concerns and

Issues in Class Shows ldquoDue Care for Studentsrdquo

Student Medical History Allows you to monitor your students

before classroom activities Allows the student to disclose any

medical concerns they may have directly to you

Allows you to get a feel for each students wellbeing

IMPORTANT Blood Pressure Warning

bull Ensures all students are medically safe and checks the pre-condition of their HEART BEFORE the class begins

bull Anything over14090 should be medially cleared to participate in training

Participation Acknowledgement Form

Allow you to clarify all expectations of what is expected of each student and instructor

Highlights important issues for instructor to set the pace with students

Clears all misunderstanding or confusion BEFORE the class begins

Failure to Respond to Training Form

Allow you to document any failed area for improving

future performance

Allows for student feedback

Documents level of proficiency

Student Injury Form

Allow you to document any injuries that happen during the course of the training programs

If itrsquos not recorded here it did not happen here

Documents injury and situation leading up to injury

First Sectionbull Take a 10 Minute Breakbull Restroombull Drinkbull Food

What makes a Good System

Legally Soundness (Meaning Course content is Review for Courtroom Testimony by Lawyers)

Medical Soundness (Meaning Course content is Reviewed by Licensed Doctors)

Tactical Soundness (Meaning Course content is Reviewed by sworn police officers and supported Field Proven Techniques)

Introduction to ARMA

bull ARMA Training Conducts over 70 different training programs both domestically and internationally at various satellite locations throughout the world

Unique Training Methods and Partners

bull Focuses on Technical needed for Product Liability amp Tactical Information Needed for Street Application on Field Proven Strategies Conducts Basic Instructor or Master Level Courses Represents Over 45 Different Companies

Special Partnershipbull Northwest Technical Collegebull Located in Green Bay WIbull All programs are state certified

through a higher learning of education

Chapter 1

History of Specialty Impact Munitions

31

H istory of Specia lty Im pact M un itions

CorrectionsS pecia l C ircum stances

D C TS O R T

Law EnforcementP atro lS W AT

C row d M anagem ent

MilitaryM Ilitary Po lice

S R TC iv il D istu rbance

Specialty Im pact M unitions

>

Kalimba

Mr Scruff

Ninja Tuna track 1

2008

Electronic

34808167

eng - Ninja Tune Records

- Ninja Tune Records

Correctional Use Cell Extraction Special Circumstances (Suicide by Inmate) Covering Chemical Munitions Regaining controlled areas Escorting Inmates Protecting Officers or Formations Protecting the perimeter Protecting Property

32

Law Enforcement Use Individual Targeted Subjects Special Circumstances (Suicide by Cop-

Standoff) Covering Chemical Munitions Regaining controlled areas Special Escorting Details Protecting Officers or Formations Protecting the Perimeter Protecting Property

33

Military Use Individual Targeted Subjects Special Circumstances (Suicide by Cop-Standoff) Covering Chemical Munitions Regaining controlled areas Humanitarian Missions Special Escorting Details Protecting Officers or Formations Protecting the perimeter Protecting Property

34

P O L I C E L I N E

35

Weapon Delivery Zones in Feet

Z O N E 1

Z O N E 3

Z O N E 2

Z O N E 4

Z O N E 5

Serious Threat

Intermediate Threat

Potential Threat

Possible Threat

Unlikely Threat

0 10

10 50

50 100

150100

150 200

Justification of SIM Use

Covering Chemical Munitions

Protecting Formations

Protecting Life and Property

36

Powder Delivery Systems

bull Black Powder ndash Advantages

bullCost EffectivebullMore Rounds AvailablebullCan ONLY be fired in 37MM

37

Powder Delivery Systemsbull Black Powder ndash Disadvantages

bullMost Corrosive to weaponbull Increased Malfunction possibility

bullGive Shooters position awaybullLeast accurate munitions

38

Powder Delivery Systems

bull Smokeless Black Powder ndash Advantages

bullLeast Corrosive to weaponbullReduced Malfunction possibility

bullConceals Shooters position bullMost accurate munitions

39

Powder Delivery Systems

bull Smokeless Powder ndash Disadvantages

bullMost costly munitions

40

Casing Sizes

bull 37MM ndash Usually 8 inch in length Black Powder

bull 3740MM ndash Usually 55 inch in length

Black Powder or Smokeless

bull 40MM ndash Usually 48 in in length Smokeless Powder

41

Chapter 2

Classifications of Specialty Impact Munitions

Classifications of SIM Rounds

43

Low Energy VS High Energy Only need one of both

bull Weatherbull Distance from threat

bull Terrain

Low Energybull Designed to deliver minimal energy to cause slight physical discomfort for pain compliance or mental distraction

44

High Energybull Designed to deliver enough energy to inflict blunt trauma to cause greater physical discomfort and possible incapacitation

45

Low Energy Roundsbull 37MM or 40MM Multiple Rubber

Balls (32 or 60 caliber) or Stinger Ball

bull 37MM or 40MM Multiple Foam Baton bull 40MM Spin Stabilized FoamSponge

Roundbull 12 Gauge Rubber Pellets ndash Marked

Low Velocity 46

47

3132 Caliber Stinger BallsAdditional Information

37mm or 40MM

Black Powder or Smokeless

3132 Caliber Ball (approx)

55 or 8 inch casings

48

4560 Cal Rubber Balls

Additional Information

3740MM

Approx 24 Rubber Balls

Average 325 FPS

49

Foam Baton Rounds

Additional Information 37mm or 40MM Black Powder or Smokeless 35 baton rounds - 55 or 8 inch casings

50

40MM Spin Stabilized Foam Rounds

Additional Information

40MM Sponge Round Smokeless Delivery System

48 inch casings Most accurate round to date Most reliable round

51

Hit with 40MM Spin Stabilized Round 45 feet from Barrel

Notice no rip or tear in clothing

52

Hit with 40 MM Sponge Round 30 feet from Barrel

Within 3 days of being hit

1 hours after being hit

Shooter Sgt Don WeiderLexington SCSheriffrsquos Office

53

Stinger Balls Additional Information

CS ndash CN Powder Filled Launched or Thrown 31 Caliber (approximately 180

RBrsquos)

15 Sec Time delay

54

12 Gauge Rubber Pellets

Description - Cartridge 12ga Sting Balltradereg

Type - Multiple Projectile Rubber Pellets

Velocity - 400 ftsec (Avg) Maximum Effective Range - 50 feetProjectiles - 18 (average)

High Energy Rounds 37 or 40MM Multiple Wooded Baton 37 or 40MM Multiple Rubber Baton 37 or 40MM Bean Bag round 40MM Spin Stabilized FoamSponge

Round 12 Gauge Single 4560 Cal Ball Round 12 Gauge Bean Bag Round

55

56

3740 MM Wooded Baton Rounds

3740 MM

55 or 8 Inch Casings

BlackSmokeless Powder

35 Baton Rounds

57

3740 MM Interlocking Rubber Baton

3740 MM

55 or 8 Inch Casings

BlackSmokeless Powder

35 Baton Rounds

58

3740 MM Mono Rubber Baton

3740 MM

55 or 8 Inch Casings

BlackSmokeless Powder

Single Baton Round

59

3740 MM Pen-Prevent or Super ldquoSOCrdquo Bean Bag Round

Additional Information

Black PowderSmokeless

Glass BeadsSilica Sand Lead Pelts

Aerodynamic or Non-Aerodynamic

60

40MM Spin Stabilized Foam Rounds

Additional Information 40MM Sponge Round Smokeless Delivery System 48 inch casing Most accurate round to date Special Nylon Casing

Only round which can be

effectively fired in all 5 ZONES

61

12 Gauge High Velocity - Rubber Pellets

Description - Cartridge 12ga Sting Balltrade HVreg

Type - Multiple Projectile Rubber Pellets

Velocity - 900 ftsec (Avg) Maximum Effective Range - 60 feet

Projectiles - 18 (average)

62

12 Gauge High Velocity - Tri-Dent 3 Rubber Ball

Description - Cartridge 12ga Sting Balltrade HVreg

Type - Multiple Projectile Rubber Balls

Velocity - 900 ftsec (Avg) Maximum Effective Range - 60 feet

Projectiles - 3

63

12 Gauge ldquoPen Preventrdquo Bean Bag Round

bull Projectile Weight - 40 gmbull Material - Shot filled Ballistic Fiber Reinforced flexible sock

bull Terminal Velocity - 280 fps (average) at 10 yardsreg

bull Accuracy - 4rdquo or better at 40 yards using a cylinder bore Remington 870

64

Categories of Rounds bull Flexible ndash Generally conforms to

surface it hits

bull Non-Flexible - Generally doesnrsquot conforms to surface it hits

bull Ridged ndash Generally shatters or bounces off surface it comes into contact with

65

Chapter 3

Angles of Fire

Angles of Fire Defined as the

aiming point with a

designated round for maximum accuracy

67

Direct Angle bull Direct ndash Directly aimed into the target area

68

TARGET

Indirect Anglebull Indirect ndash Skipped into the target area (Usually 3-6 feet based on terrain)

69

TARGET

Low Angle

bull Low Angle ndash Aimed just outside of point of aim point of impact distance

70

TARGET

High Angle

bull High Angle ndash Aimed in a high arch into target area

71

TARGET

Chapter 4

Cause and Effect

Cause amp Effect of Rounds

bull Mental - Discuss

bull Physical - Discuss

73

Mental Effectsbull Specialty Impact Munitions have a

tremendous MENTAL effect on an individual In many cases the mental effects may far outweigh the physical effects and be the determining factor in the subjectrsquos response or time of incapacitation or distraction ldquoA fear of being shotrdquo

74

Anxietybull The action of pointing a firearm directly at

an individual andor actually firing a projectile

bull The pain and at times the appearance of

the injury may reinforce this belief

bull Instructor Note Can be addressed through training

75

Fearbull Arouses connotations and a fear of having been

shot with a firearm SIMS may cause a powerful mental distraction

bull Mentally the subject must cope with the physiological pain that the body feels

bull Instructor Note Can be addressed through personal experience

76

Panicbull Panic is not a desirable response due to having

less control of the subject or crowd

bull The impact is likely to create fear which may create a fight or flight response

bull Crowds may scatter rendering the intended escape route useless

bull Instructor Note LEAST DESIREABLE RESPONSE

77

Chapter 5

Primary vs Secondary Injuries

Primary vs Secondary Injury

Primary Injury

bull An injury directly caused by the use of force tool use

80

Secondary Injurybull An injury indirectly caused by

the use of force tool use

bull Either from resistance from subject or another officer and or environmental surroundings

81

Flight of a projectile

bull Once leaving barrel seeks equal weight distribution ndash Pan Cakes Saucer Spin

bull Head Wind ndash Round May Dive or Risebull Tail Wind ndash Round may Float or Cork

Screwbull Cross Wind ndash ldquoJrdquo Turn

82

Projectile CalculationWhen the distance of the target

INCREASES it effects

Velocity + Accuracy + Impact = Injury

83

Projectile CalculationWhen the distance of the target

DECREASES it effects

Velocity + Accuracy + Impact = Injury

84

Chapter 6

Target areas when using SIM

Blunt Trauma vs

Penetration Trauma

Blunt Traumabull The MAXIMUM desired effect of an impact munitions is

BLUNT TRAUMA - an impact from an object that leaves the body surface intact but may cause sufficient (non-life threatening) injury to distract control or incapacitate the subject

Stinger Round Injury

Pepperball Injury

Stinger Round Injury87

Types of Blunt Trauma Injuries

bull Abrasions - Skimming the surface skin area

bull Contusions - Injury to the brain

bull Lacerations - Partially hitting the skin surface from the side cutting the surface

88

Continued Blunt Trauma Injuriesbull Fractures - Primary injury when

munition strikes target are directly

bull Secondary injury when munitions strikes target area and causes the body to fall striking another surface indirectly

bull Concussion - Glancing blows or missed target or Falling or collapsing of the subject 89

Penetration Traumabull The unintended and most

undesirable outcome of an SIMS is penetration

bull SIMrsquos can cause Death or serious bodily injury

90

PenetrationPuncture ndash Entering the body

at arsquo90 degree angle breaking

thesurface of the skin

91

Target Areas

Unable to use a striking color baton chart

because the chart was used to identify areas of the body for impact and

injuries for striking a human which is MUCH less

force then deploying Specially Impact

Munitions92

Meat amp Muscle Areas

bull Primary target areas that when striking the human body will cause mild to intense pain with NO LONG LASTING INJURY

93

Primary Target Area ndash the target area

consisting of large muscle groupsbull Buttocks bull Thigh amp Calvesbull Lower Abdominal Areabull BicepsTricepsbull Forearm area

94

Meat amp Bone Areasbull Secondary target areas that when striking the human body will cause mild to intense pain with MINOR to LONG LASTING INJURY

95

Secondary target areas are skeletal areas ndash

preferred - may result in fractures

bull Shoulderbull Kneesbull Anklesbull Wrists bull Elbows

96

Bone amp Sensitive Areasbull Last resort target areas that when

striking the human body will cause intense pain with long lasting injury which MAY RESULT IN SERIOUS BODILY HARM WHICH MAY RESULT IN DEATH

97

Last Resort Target Area ndash the target area when

maximum effectiveness is desired to meet a level of

threat escalating to deadly force justification

bull Head amp Throatbull Chest (center mass)bull Solar plexusbull Groinbull Spinebull Lower back

98

99

100

Clothing

1 In colder climates where heavier clothing and jackets are worn rounds with higher energy capabilities will be required

2 In a case where the subject is lightly dressed pay close attention to munitions selection shot placement and engagement distance

3 In detention facilities and during civil disturbances the subjects may pad themselves in order to defeat the effects of SIM

101

Physical Stature and Condition ndash Is the subject heavy musculature or thin and skeletal age

1 250-pound muscular individual will more than likely be physiologically effected less than a 100-pound individual when both are struck in the sametarget area by SIM

2 The blunt trauma effects and the potential for penetration are much greater for the smallerperson 102

37MM Foam Baton-15 feet=WHOHOW12 ga Rubber Pellets HV- 22 feet= WHOHOW40MM Bean Bag-34 feet=WHOHOW

213

90 to 140 lbs 131 to 185 lbs 186 to 220 lbs (220 to 350+)

103

Immediate Surroundings 1Is there any person in the immediate area who

maybe at risk of a deflected or missed shot

2Identify your target backstop and beyond

104

Chapter 7

Intervention Options

THE FORCE CONTINUUM ndash WHEN TO USE SIMrsquos

bull Ladder of Forcebull Force Continuumbull Circle of Forcebull Force Modularbull Escalation of Force

106

107

OFFICER PRESENCE

bull Uniform Badge bull Dedicated Weapon Displayed

bull On a Slingbull Port Arms bull Ready Carry Position

108

Presence

109

Verbal Commands

bull Please stand over there bull Please sit down on the chairbull Stop put your hands downbull Ending with ldquoDo it nowrdquobull Professional Tone amp Attitude

110

NON-Verbal

111

Verbalization

112

SOFT PHYSICAL TECHNIQUES

bull Slight touching or guiding contact

bull Cupping an elbow to escort Lightly grabbing an arm or shoulder

bull AIMING WEAPON113

Aiming WeaponFinger OFF

Trigger

114

HARD PHYSICAL TECHNIQUES

bull Limb Control Techniquesbull Takedown Ground Stabilizationbull Dynamic Countermeasuresbull Impact Techniquesbull Electrical Devicesbull Hand held impact weapons bull Specialty Impact Munitions

115

Firing the Weapon116

DEADLY FORCE

bull Impact Weaponsbull SIM ndash Changing Aiming Point

bull Neck Restraintbull Firearm

117

Transitioning to

firearm

118

Chapter 8

Documentation

Documentationbull Collect all munitions expended and photographed when practical

ndashEvery CasingndashMark Misfired or Damaged rounds 120

Documentation

bull An inventory of munitions used and not used should be noted

ndashWhat was issued and went out

ndashWhat was fired and misfiredndashWhat was lost and not recovered 121

Documentation

bull A report should be written detailing the order in which the events occurred and the police actions that were required

122

Documentation

bull Report the effectiveness of the various types of SIMrsquos and their delivery systems

ndashWhat did I fire that didnrsquot

ndashWhat did I fire that did123

Documentationbull Document any injuries sustained and property damage incurred

ndashInjuries to SubjectndashOfficersndashBystanders

124

Documentationbull After the crowd has dispersed it

is necessary to move rapidly into the target area to remove lingering groups and to prevent the crowd from regrouping and continuing illegal activity

ndashFollow ThroughndashSecuring the Area

125

LIABILITY ISSUES

The court will decide whether the actions of the officers were

(1)Consistent with the limits set forth by the constitution federal and state laws

(2)Consistent with departmental policy and procedures

(3)Consistent with training the officer received to handle such situations

126

5 Important Questions to ASK

bull What was the distance angle and elevation

bull What was the construction of the round used

bull What was the size of the subjectbull What was the expected point of impactbull What was the training of the shooter

127

Questions the Court will ASK

(1) Look at the conduct of other officers who were present andor participated in the actions

(2) The conduct of supervisors who may have authorized the actions of officers

128

Questions the Court will ASK

(1) Were the actions of the officers consistent with their training

(2) Was the training adequate and acceptable by contemporary standards

If the officers were not trained does it amountto deliberate indifference on the part of the

agency 129

Was the actions of the officer

bull A trained techniquebull Was it a dynamic application of

the trained techniquebull Was it an untrained technique

justified under the circumstances

130

Case Law

Know your laws

Graham v Connor 490 US 386 (1989)

a The US Supreme Court case that defined the standard under which excessive force claims would be judged

(1) The standard established was that of objective reasonableness(2) Prior to this the standard was police behavior that shocks the conscienceldquo

bIn this case the court redefined and set forth a less subjective standard

132Copyrighted by Dave Young

1990

City of Canton v Harris 489 US 378 109 S Ct 1197 (1989)

a In this case a woman was arrested and did not receive necessary medical attention after a shift commander was made aware of her condition and decided she did not need medical attention

b Although on the face the City of Canton policy addressed medical issues they were grossly negligent in that they did not provide the shift commanders with the proper training to make such decisions 133

Copyrighted by Dave Young 1990

City of Canton v Harris 489 US 378 109 S Ct 1197 (1989)

c There were many issues that emerged from this case however the primary issue was that of failure to train on the part of the city That negligence amounted to being deliberately in different to the rights of the plaintiff

The implications of Canton v Harris can also go beyond training issues however the burden of proving the Standard of deliberate indifference is on the plaintiff and not easy to prove

d Court Recommendation The duties that officers are assigned to perform must be accompanied with adequate training to perform that function

134Copyrighted by Dave Young

1990

ONeal v DeKalb County GA 850 F2d 653 (11th Cir 1988)

a A mental subject stabbed 7 people before being confronted by the police After repeatedly ordering the subject to drop the knife and lay on the floor the subject rushed the officers and was shot to death

b The court ruled that the use of deadly force instead of non-lethal force against a knife wielding suspect was not malicious or unreasonable therefore not actionable by the plaintiffs

135Copyrighted by Dave Young

1990

Plakas v Drinski 19 F3rd 1143 (7th Cir 1994) cert Denied 115 S Ct 81 (1994)

This case involved the shooting of a suspect who was

wielding a fire poker When the officer attempted to

arrest him he charged the officer with the fire poker and

was shot by police

(1)Plaintiffs who sued on behalf of the deceased claimed the officer did not use other means of force available to him at that time listing disabling chemical spray a police dog and distance

136Copyrighted by Dave Young

1990

Plakas v Drinski 19 F3rd 1143 (7th Cir 1994) cert Denied 115 SCt 81 (1994)

(2) The court stated ldquothat to permit every jury in this type of case to hear expert testimony that the defendant would have been uninjured if only the police had been able to use disabling gas or a capture net or a electrical device

(a)A municipality is liable because it failed to buy this equipment

(b)The Constitution does not enact a police administratorrsquos

equipment listlsquordquo

(c) The court ruled that there is no legal precedent that requires an officer to utilize alternatives to deadly force

137Copyrighted by Dave Young

1990

Davis v Mason County 927 F2d 1473 (9th Cir 1991)

aThe court ruled that the department had adequate training on the technical components of the use of force but did not have adequate training on the constitutional limits of the use of force in effecting arrests

138Copyrighted by Dave Young

1990

Davis v Mason County 927 F2d 1473 (9th Cir 1991)

b In other words the officers were trained on the how but not on the why and when the force is appropriate

c Court Recommendation Training should include confrontational scenarios of situations that require decision making then articulation by the officer as to the justification for the force used or not used

139Copyrighted by Dave Young

1990

Quezada v County of Bernalillo 944 F2d 710 (10th Cir 1991)

a The court ruled that an officer might be held liable for putting himself in a situation that requires him to use deadly force against an armed suicidal person

b This case involved an officer who left a position of cover to confront a suicidal subject

140Copyrighted by Dave Young

1990

141

Dave YoungFounder amp Director

ARMA Training

Website wwwarmatrainingcom772-913-1615

copyrighted by Dave Young 1994

Student Medical History Allows you to monitor your students

before classroom activities Allows the student to disclose any

medical concerns they may have directly to you

Allows you to get a feel for each students wellbeing

IMPORTANT Blood Pressure Warning

bull Ensures all students are medically safe and checks the pre-condition of their HEART BEFORE the class begins

bull Anything over14090 should be medially cleared to participate in training

Participation Acknowledgement Form

Allow you to clarify all expectations of what is expected of each student and instructor

Highlights important issues for instructor to set the pace with students

Clears all misunderstanding or confusion BEFORE the class begins

Failure to Respond to Training Form

Allow you to document any failed area for improving

future performance

Allows for student feedback

Documents level of proficiency

Student Injury Form

Allow you to document any injuries that happen during the course of the training programs

If itrsquos not recorded here it did not happen here

Documents injury and situation leading up to injury

First Sectionbull Take a 10 Minute Breakbull Restroombull Drinkbull Food

What makes a Good System

Legally Soundness (Meaning Course content is Review for Courtroom Testimony by Lawyers)

Medical Soundness (Meaning Course content is Reviewed by Licensed Doctors)

Tactical Soundness (Meaning Course content is Reviewed by sworn police officers and supported Field Proven Techniques)

Introduction to ARMA

bull ARMA Training Conducts over 70 different training programs both domestically and internationally at various satellite locations throughout the world

Unique Training Methods and Partners

bull Focuses on Technical needed for Product Liability amp Tactical Information Needed for Street Application on Field Proven Strategies Conducts Basic Instructor or Master Level Courses Represents Over 45 Different Companies

Special Partnershipbull Northwest Technical Collegebull Located in Green Bay WIbull All programs are state certified

through a higher learning of education

Chapter 1

History of Specialty Impact Munitions

31

H istory of Specia lty Im pact M un itions

CorrectionsS pecia l C ircum stances

D C TS O R T

Law EnforcementP atro lS W AT

C row d M anagem ent

MilitaryM Ilitary Po lice

S R TC iv il D istu rbance

Specialty Im pact M unitions

>

Kalimba

Mr Scruff

Ninja Tuna track 1

2008

Electronic

34808167

eng - Ninja Tune Records

- Ninja Tune Records

Correctional Use Cell Extraction Special Circumstances (Suicide by Inmate) Covering Chemical Munitions Regaining controlled areas Escorting Inmates Protecting Officers or Formations Protecting the perimeter Protecting Property

32

Law Enforcement Use Individual Targeted Subjects Special Circumstances (Suicide by Cop-

Standoff) Covering Chemical Munitions Regaining controlled areas Special Escorting Details Protecting Officers or Formations Protecting the Perimeter Protecting Property

33

Military Use Individual Targeted Subjects Special Circumstances (Suicide by Cop-Standoff) Covering Chemical Munitions Regaining controlled areas Humanitarian Missions Special Escorting Details Protecting Officers or Formations Protecting the perimeter Protecting Property

34

P O L I C E L I N E

35

Weapon Delivery Zones in Feet

Z O N E 1

Z O N E 3

Z O N E 2

Z O N E 4

Z O N E 5

Serious Threat

Intermediate Threat

Potential Threat

Possible Threat

Unlikely Threat

0 10

10 50

50 100

150100

150 200

Justification of SIM Use

Covering Chemical Munitions

Protecting Formations

Protecting Life and Property

36

Powder Delivery Systems

bull Black Powder ndash Advantages

bullCost EffectivebullMore Rounds AvailablebullCan ONLY be fired in 37MM

37

Powder Delivery Systemsbull Black Powder ndash Disadvantages

bullMost Corrosive to weaponbull Increased Malfunction possibility

bullGive Shooters position awaybullLeast accurate munitions

38

Powder Delivery Systems

bull Smokeless Black Powder ndash Advantages

bullLeast Corrosive to weaponbullReduced Malfunction possibility

bullConceals Shooters position bullMost accurate munitions

39

Powder Delivery Systems

bull Smokeless Powder ndash Disadvantages

bullMost costly munitions

40

Casing Sizes

bull 37MM ndash Usually 8 inch in length Black Powder

bull 3740MM ndash Usually 55 inch in length

Black Powder or Smokeless

bull 40MM ndash Usually 48 in in length Smokeless Powder

41

Chapter 2

Classifications of Specialty Impact Munitions

Classifications of SIM Rounds

43

Low Energy VS High Energy Only need one of both

bull Weatherbull Distance from threat

bull Terrain

Low Energybull Designed to deliver minimal energy to cause slight physical discomfort for pain compliance or mental distraction

44

High Energybull Designed to deliver enough energy to inflict blunt trauma to cause greater physical discomfort and possible incapacitation

45

Low Energy Roundsbull 37MM or 40MM Multiple Rubber

Balls (32 or 60 caliber) or Stinger Ball

bull 37MM or 40MM Multiple Foam Baton bull 40MM Spin Stabilized FoamSponge

Roundbull 12 Gauge Rubber Pellets ndash Marked

Low Velocity 46

47

3132 Caliber Stinger BallsAdditional Information

37mm or 40MM

Black Powder or Smokeless

3132 Caliber Ball (approx)

55 or 8 inch casings

48

4560 Cal Rubber Balls

Additional Information

3740MM

Approx 24 Rubber Balls

Average 325 FPS

49

Foam Baton Rounds

Additional Information 37mm or 40MM Black Powder or Smokeless 35 baton rounds - 55 or 8 inch casings

50

40MM Spin Stabilized Foam Rounds

Additional Information

40MM Sponge Round Smokeless Delivery System

48 inch casings Most accurate round to date Most reliable round

51

Hit with 40MM Spin Stabilized Round 45 feet from Barrel

Notice no rip or tear in clothing

52

Hit with 40 MM Sponge Round 30 feet from Barrel

Within 3 days of being hit

1 hours after being hit

Shooter Sgt Don WeiderLexington SCSheriffrsquos Office

53

Stinger Balls Additional Information

CS ndash CN Powder Filled Launched or Thrown 31 Caliber (approximately 180

RBrsquos)

15 Sec Time delay

54

12 Gauge Rubber Pellets

Description - Cartridge 12ga Sting Balltradereg

Type - Multiple Projectile Rubber Pellets

Velocity - 400 ftsec (Avg) Maximum Effective Range - 50 feetProjectiles - 18 (average)

High Energy Rounds 37 or 40MM Multiple Wooded Baton 37 or 40MM Multiple Rubber Baton 37 or 40MM Bean Bag round 40MM Spin Stabilized FoamSponge

Round 12 Gauge Single 4560 Cal Ball Round 12 Gauge Bean Bag Round

55

56

3740 MM Wooded Baton Rounds

3740 MM

55 or 8 Inch Casings

BlackSmokeless Powder

35 Baton Rounds

57

3740 MM Interlocking Rubber Baton

3740 MM

55 or 8 Inch Casings

BlackSmokeless Powder

35 Baton Rounds

58

3740 MM Mono Rubber Baton

3740 MM

55 or 8 Inch Casings

BlackSmokeless Powder

Single Baton Round

59

3740 MM Pen-Prevent or Super ldquoSOCrdquo Bean Bag Round

Additional Information

Black PowderSmokeless

Glass BeadsSilica Sand Lead Pelts

Aerodynamic or Non-Aerodynamic

60

40MM Spin Stabilized Foam Rounds

Additional Information 40MM Sponge Round Smokeless Delivery System 48 inch casing Most accurate round to date Special Nylon Casing

Only round which can be

effectively fired in all 5 ZONES

61

12 Gauge High Velocity - Rubber Pellets

Description - Cartridge 12ga Sting Balltrade HVreg

Type - Multiple Projectile Rubber Pellets

Velocity - 900 ftsec (Avg) Maximum Effective Range - 60 feet

Projectiles - 18 (average)

62

12 Gauge High Velocity - Tri-Dent 3 Rubber Ball

Description - Cartridge 12ga Sting Balltrade HVreg

Type - Multiple Projectile Rubber Balls

Velocity - 900 ftsec (Avg) Maximum Effective Range - 60 feet

Projectiles - 3

63

12 Gauge ldquoPen Preventrdquo Bean Bag Round

bull Projectile Weight - 40 gmbull Material - Shot filled Ballistic Fiber Reinforced flexible sock

bull Terminal Velocity - 280 fps (average) at 10 yardsreg

bull Accuracy - 4rdquo or better at 40 yards using a cylinder bore Remington 870

64

Categories of Rounds bull Flexible ndash Generally conforms to

surface it hits

bull Non-Flexible - Generally doesnrsquot conforms to surface it hits

bull Ridged ndash Generally shatters or bounces off surface it comes into contact with

65

Chapter 3

Angles of Fire

Angles of Fire Defined as the

aiming point with a

designated round for maximum accuracy

67

Direct Angle bull Direct ndash Directly aimed into the target area

68

TARGET

Indirect Anglebull Indirect ndash Skipped into the target area (Usually 3-6 feet based on terrain)

69

TARGET

Low Angle

bull Low Angle ndash Aimed just outside of point of aim point of impact distance

70

TARGET

High Angle

bull High Angle ndash Aimed in a high arch into target area

71

TARGET

Chapter 4

Cause and Effect

Cause amp Effect of Rounds

bull Mental - Discuss

bull Physical - Discuss

73

Mental Effectsbull Specialty Impact Munitions have a

tremendous MENTAL effect on an individual In many cases the mental effects may far outweigh the physical effects and be the determining factor in the subjectrsquos response or time of incapacitation or distraction ldquoA fear of being shotrdquo

74

Anxietybull The action of pointing a firearm directly at

an individual andor actually firing a projectile

bull The pain and at times the appearance of

the injury may reinforce this belief

bull Instructor Note Can be addressed through training

75

Fearbull Arouses connotations and a fear of having been

shot with a firearm SIMS may cause a powerful mental distraction

bull Mentally the subject must cope with the physiological pain that the body feels

bull Instructor Note Can be addressed through personal experience

76

Panicbull Panic is not a desirable response due to having

less control of the subject or crowd

bull The impact is likely to create fear which may create a fight or flight response

bull Crowds may scatter rendering the intended escape route useless

bull Instructor Note LEAST DESIREABLE RESPONSE

77

Chapter 5

Primary vs Secondary Injuries

Primary vs Secondary Injury

Primary Injury

bull An injury directly caused by the use of force tool use

80

Secondary Injurybull An injury indirectly caused by

the use of force tool use

bull Either from resistance from subject or another officer and or environmental surroundings

81

Flight of a projectile

bull Once leaving barrel seeks equal weight distribution ndash Pan Cakes Saucer Spin

bull Head Wind ndash Round May Dive or Risebull Tail Wind ndash Round may Float or Cork

Screwbull Cross Wind ndash ldquoJrdquo Turn

82

Projectile CalculationWhen the distance of the target

INCREASES it effects

Velocity + Accuracy + Impact = Injury

83

Projectile CalculationWhen the distance of the target

DECREASES it effects

Velocity + Accuracy + Impact = Injury

84

Chapter 6

Target areas when using SIM

Blunt Trauma vs

Penetration Trauma

Blunt Traumabull The MAXIMUM desired effect of an impact munitions is

BLUNT TRAUMA - an impact from an object that leaves the body surface intact but may cause sufficient (non-life threatening) injury to distract control or incapacitate the subject

Stinger Round Injury

Pepperball Injury

Stinger Round Injury87

Types of Blunt Trauma Injuries

bull Abrasions - Skimming the surface skin area

bull Contusions - Injury to the brain

bull Lacerations - Partially hitting the skin surface from the side cutting the surface

88

Continued Blunt Trauma Injuriesbull Fractures - Primary injury when

munition strikes target are directly

bull Secondary injury when munitions strikes target area and causes the body to fall striking another surface indirectly

bull Concussion - Glancing blows or missed target or Falling or collapsing of the subject 89

Penetration Traumabull The unintended and most

undesirable outcome of an SIMS is penetration

bull SIMrsquos can cause Death or serious bodily injury

90

PenetrationPuncture ndash Entering the body

at arsquo90 degree angle breaking

thesurface of the skin

91

Target Areas

Unable to use a striking color baton chart

because the chart was used to identify areas of the body for impact and

injuries for striking a human which is MUCH less

force then deploying Specially Impact

Munitions92

Meat amp Muscle Areas

bull Primary target areas that when striking the human body will cause mild to intense pain with NO LONG LASTING INJURY

93

Primary Target Area ndash the target area

consisting of large muscle groupsbull Buttocks bull Thigh amp Calvesbull Lower Abdominal Areabull BicepsTricepsbull Forearm area

94

Meat amp Bone Areasbull Secondary target areas that when striking the human body will cause mild to intense pain with MINOR to LONG LASTING INJURY

95

Secondary target areas are skeletal areas ndash

preferred - may result in fractures

bull Shoulderbull Kneesbull Anklesbull Wrists bull Elbows

96

Bone amp Sensitive Areasbull Last resort target areas that when

striking the human body will cause intense pain with long lasting injury which MAY RESULT IN SERIOUS BODILY HARM WHICH MAY RESULT IN DEATH

97

Last Resort Target Area ndash the target area when

maximum effectiveness is desired to meet a level of

threat escalating to deadly force justification

bull Head amp Throatbull Chest (center mass)bull Solar plexusbull Groinbull Spinebull Lower back

98

99

100

Clothing

1 In colder climates where heavier clothing and jackets are worn rounds with higher energy capabilities will be required

2 In a case where the subject is lightly dressed pay close attention to munitions selection shot placement and engagement distance

3 In detention facilities and during civil disturbances the subjects may pad themselves in order to defeat the effects of SIM

101

Physical Stature and Condition ndash Is the subject heavy musculature or thin and skeletal age

1 250-pound muscular individual will more than likely be physiologically effected less than a 100-pound individual when both are struck in the sametarget area by SIM

2 The blunt trauma effects and the potential for penetration are much greater for the smallerperson 102

37MM Foam Baton-15 feet=WHOHOW12 ga Rubber Pellets HV- 22 feet= WHOHOW40MM Bean Bag-34 feet=WHOHOW

213

90 to 140 lbs 131 to 185 lbs 186 to 220 lbs (220 to 350+)

103

Immediate Surroundings 1Is there any person in the immediate area who

maybe at risk of a deflected or missed shot

2Identify your target backstop and beyond

104

Chapter 7

Intervention Options

THE FORCE CONTINUUM ndash WHEN TO USE SIMrsquos

bull Ladder of Forcebull Force Continuumbull Circle of Forcebull Force Modularbull Escalation of Force

106

107

OFFICER PRESENCE

bull Uniform Badge bull Dedicated Weapon Displayed

bull On a Slingbull Port Arms bull Ready Carry Position

108

Presence

109

Verbal Commands

bull Please stand over there bull Please sit down on the chairbull Stop put your hands downbull Ending with ldquoDo it nowrdquobull Professional Tone amp Attitude

110

NON-Verbal

111

Verbalization

112

SOFT PHYSICAL TECHNIQUES

bull Slight touching or guiding contact

bull Cupping an elbow to escort Lightly grabbing an arm or shoulder

bull AIMING WEAPON113

Aiming WeaponFinger OFF

Trigger

114

HARD PHYSICAL TECHNIQUES

bull Limb Control Techniquesbull Takedown Ground Stabilizationbull Dynamic Countermeasuresbull Impact Techniquesbull Electrical Devicesbull Hand held impact weapons bull Specialty Impact Munitions

115

Firing the Weapon116

DEADLY FORCE

bull Impact Weaponsbull SIM ndash Changing Aiming Point

bull Neck Restraintbull Firearm

117

Transitioning to

firearm

118

Chapter 8

Documentation

Documentationbull Collect all munitions expended and photographed when practical

ndashEvery CasingndashMark Misfired or Damaged rounds 120

Documentation

bull An inventory of munitions used and not used should be noted

ndashWhat was issued and went out

ndashWhat was fired and misfiredndashWhat was lost and not recovered 121

Documentation

bull A report should be written detailing the order in which the events occurred and the police actions that were required

122

Documentation

bull Report the effectiveness of the various types of SIMrsquos and their delivery systems

ndashWhat did I fire that didnrsquot

ndashWhat did I fire that did123

Documentationbull Document any injuries sustained and property damage incurred

ndashInjuries to SubjectndashOfficersndashBystanders

124

Documentationbull After the crowd has dispersed it

is necessary to move rapidly into the target area to remove lingering groups and to prevent the crowd from regrouping and continuing illegal activity

ndashFollow ThroughndashSecuring the Area

125

LIABILITY ISSUES

The court will decide whether the actions of the officers were

(1)Consistent with the limits set forth by the constitution federal and state laws

(2)Consistent with departmental policy and procedures

(3)Consistent with training the officer received to handle such situations

126

5 Important Questions to ASK

bull What was the distance angle and elevation

bull What was the construction of the round used

bull What was the size of the subjectbull What was the expected point of impactbull What was the training of the shooter

127

Questions the Court will ASK

(1) Look at the conduct of other officers who were present andor participated in the actions

(2) The conduct of supervisors who may have authorized the actions of officers

128

Questions the Court will ASK

(1) Were the actions of the officers consistent with their training

(2) Was the training adequate and acceptable by contemporary standards

If the officers were not trained does it amountto deliberate indifference on the part of the

agency 129

Was the actions of the officer

bull A trained techniquebull Was it a dynamic application of

the trained techniquebull Was it an untrained technique

justified under the circumstances

130

Case Law

Know your laws

Graham v Connor 490 US 386 (1989)

a The US Supreme Court case that defined the standard under which excessive force claims would be judged

(1) The standard established was that of objective reasonableness(2) Prior to this the standard was police behavior that shocks the conscienceldquo

bIn this case the court redefined and set forth a less subjective standard

132Copyrighted by Dave Young

1990

City of Canton v Harris 489 US 378 109 S Ct 1197 (1989)

a In this case a woman was arrested and did not receive necessary medical attention after a shift commander was made aware of her condition and decided she did not need medical attention

b Although on the face the City of Canton policy addressed medical issues they were grossly negligent in that they did not provide the shift commanders with the proper training to make such decisions 133

Copyrighted by Dave Young 1990

City of Canton v Harris 489 US 378 109 S Ct 1197 (1989)

c There were many issues that emerged from this case however the primary issue was that of failure to train on the part of the city That negligence amounted to being deliberately in different to the rights of the plaintiff

The implications of Canton v Harris can also go beyond training issues however the burden of proving the Standard of deliberate indifference is on the plaintiff and not easy to prove

d Court Recommendation The duties that officers are assigned to perform must be accompanied with adequate training to perform that function

134Copyrighted by Dave Young

1990

ONeal v DeKalb County GA 850 F2d 653 (11th Cir 1988)

a A mental subject stabbed 7 people before being confronted by the police After repeatedly ordering the subject to drop the knife and lay on the floor the subject rushed the officers and was shot to death

b The court ruled that the use of deadly force instead of non-lethal force against a knife wielding suspect was not malicious or unreasonable therefore not actionable by the plaintiffs

135Copyrighted by Dave Young

1990

Plakas v Drinski 19 F3rd 1143 (7th Cir 1994) cert Denied 115 S Ct 81 (1994)

This case involved the shooting of a suspect who was

wielding a fire poker When the officer attempted to

arrest him he charged the officer with the fire poker and

was shot by police

(1)Plaintiffs who sued on behalf of the deceased claimed the officer did not use other means of force available to him at that time listing disabling chemical spray a police dog and distance

136Copyrighted by Dave Young

1990

Plakas v Drinski 19 F3rd 1143 (7th Cir 1994) cert Denied 115 SCt 81 (1994)

(2) The court stated ldquothat to permit every jury in this type of case to hear expert testimony that the defendant would have been uninjured if only the police had been able to use disabling gas or a capture net or a electrical device

(a)A municipality is liable because it failed to buy this equipment

(b)The Constitution does not enact a police administratorrsquos

equipment listlsquordquo

(c) The court ruled that there is no legal precedent that requires an officer to utilize alternatives to deadly force

137Copyrighted by Dave Young

1990

Davis v Mason County 927 F2d 1473 (9th Cir 1991)

aThe court ruled that the department had adequate training on the technical components of the use of force but did not have adequate training on the constitutional limits of the use of force in effecting arrests

138Copyrighted by Dave Young

1990

Davis v Mason County 927 F2d 1473 (9th Cir 1991)

b In other words the officers were trained on the how but not on the why and when the force is appropriate

c Court Recommendation Training should include confrontational scenarios of situations that require decision making then articulation by the officer as to the justification for the force used or not used

139Copyrighted by Dave Young

1990

Quezada v County of Bernalillo 944 F2d 710 (10th Cir 1991)

a The court ruled that an officer might be held liable for putting himself in a situation that requires him to use deadly force against an armed suicidal person

b This case involved an officer who left a position of cover to confront a suicidal subject

140Copyrighted by Dave Young

1990

141

Dave YoungFounder amp Director

ARMA Training

Website wwwarmatrainingcom772-913-1615

copyrighted by Dave Young 1994

IMPORTANT Blood Pressure Warning

bull Ensures all students are medically safe and checks the pre-condition of their HEART BEFORE the class begins

bull Anything over14090 should be medially cleared to participate in training

Participation Acknowledgement Form

Allow you to clarify all expectations of what is expected of each student and instructor

Highlights important issues for instructor to set the pace with students

Clears all misunderstanding or confusion BEFORE the class begins

Failure to Respond to Training Form

Allow you to document any failed area for improving

future performance

Allows for student feedback

Documents level of proficiency

Student Injury Form

Allow you to document any injuries that happen during the course of the training programs

If itrsquos not recorded here it did not happen here

Documents injury and situation leading up to injury

First Sectionbull Take a 10 Minute Breakbull Restroombull Drinkbull Food

What makes a Good System

Legally Soundness (Meaning Course content is Review for Courtroom Testimony by Lawyers)

Medical Soundness (Meaning Course content is Reviewed by Licensed Doctors)

Tactical Soundness (Meaning Course content is Reviewed by sworn police officers and supported Field Proven Techniques)

Introduction to ARMA

bull ARMA Training Conducts over 70 different training programs both domestically and internationally at various satellite locations throughout the world

Unique Training Methods and Partners

bull Focuses on Technical needed for Product Liability amp Tactical Information Needed for Street Application on Field Proven Strategies Conducts Basic Instructor or Master Level Courses Represents Over 45 Different Companies

Special Partnershipbull Northwest Technical Collegebull Located in Green Bay WIbull All programs are state certified

through a higher learning of education

Chapter 1

History of Specialty Impact Munitions

31

H istory of Specia lty Im pact M un itions

CorrectionsS pecia l C ircum stances

D C TS O R T

Law EnforcementP atro lS W AT

C row d M anagem ent

MilitaryM Ilitary Po lice

S R TC iv il D istu rbance

Specialty Im pact M unitions

>

Kalimba

Mr Scruff

Ninja Tuna track 1

2008

Electronic

34808167

eng - Ninja Tune Records

- Ninja Tune Records

Correctional Use Cell Extraction Special Circumstances (Suicide by Inmate) Covering Chemical Munitions Regaining controlled areas Escorting Inmates Protecting Officers or Formations Protecting the perimeter Protecting Property

32

Law Enforcement Use Individual Targeted Subjects Special Circumstances (Suicide by Cop-

Standoff) Covering Chemical Munitions Regaining controlled areas Special Escorting Details Protecting Officers or Formations Protecting the Perimeter Protecting Property

33

Military Use Individual Targeted Subjects Special Circumstances (Suicide by Cop-Standoff) Covering Chemical Munitions Regaining controlled areas Humanitarian Missions Special Escorting Details Protecting Officers or Formations Protecting the perimeter Protecting Property

34

P O L I C E L I N E

35

Weapon Delivery Zones in Feet

Z O N E 1

Z O N E 3

Z O N E 2

Z O N E 4

Z O N E 5

Serious Threat

Intermediate Threat

Potential Threat

Possible Threat

Unlikely Threat

0 10

10 50

50 100

150100

150 200

Justification of SIM Use

Covering Chemical Munitions

Protecting Formations

Protecting Life and Property

36

Powder Delivery Systems

bull Black Powder ndash Advantages

bullCost EffectivebullMore Rounds AvailablebullCan ONLY be fired in 37MM

37

Powder Delivery Systemsbull Black Powder ndash Disadvantages

bullMost Corrosive to weaponbull Increased Malfunction possibility

bullGive Shooters position awaybullLeast accurate munitions

38

Powder Delivery Systems

bull Smokeless Black Powder ndash Advantages

bullLeast Corrosive to weaponbullReduced Malfunction possibility

bullConceals Shooters position bullMost accurate munitions

39

Powder Delivery Systems

bull Smokeless Powder ndash Disadvantages

bullMost costly munitions

40

Casing Sizes

bull 37MM ndash Usually 8 inch in length Black Powder

bull 3740MM ndash Usually 55 inch in length

Black Powder or Smokeless

bull 40MM ndash Usually 48 in in length Smokeless Powder

41

Chapter 2

Classifications of Specialty Impact Munitions

Classifications of SIM Rounds

43

Low Energy VS High Energy Only need one of both

bull Weatherbull Distance from threat

bull Terrain

Low Energybull Designed to deliver minimal energy to cause slight physical discomfort for pain compliance or mental distraction

44

High Energybull Designed to deliver enough energy to inflict blunt trauma to cause greater physical discomfort and possible incapacitation

45

Low Energy Roundsbull 37MM or 40MM Multiple Rubber

Balls (32 or 60 caliber) or Stinger Ball

bull 37MM or 40MM Multiple Foam Baton bull 40MM Spin Stabilized FoamSponge

Roundbull 12 Gauge Rubber Pellets ndash Marked

Low Velocity 46

47

3132 Caliber Stinger BallsAdditional Information

37mm or 40MM

Black Powder or Smokeless

3132 Caliber Ball (approx)

55 or 8 inch casings

48

4560 Cal Rubber Balls

Additional Information

3740MM

Approx 24 Rubber Balls

Average 325 FPS

49

Foam Baton Rounds

Additional Information 37mm or 40MM Black Powder or Smokeless 35 baton rounds - 55 or 8 inch casings

50

40MM Spin Stabilized Foam Rounds

Additional Information

40MM Sponge Round Smokeless Delivery System

48 inch casings Most accurate round to date Most reliable round

51

Hit with 40MM Spin Stabilized Round 45 feet from Barrel

Notice no rip or tear in clothing

52

Hit with 40 MM Sponge Round 30 feet from Barrel

Within 3 days of being hit

1 hours after being hit

Shooter Sgt Don WeiderLexington SCSheriffrsquos Office

53

Stinger Balls Additional Information

CS ndash CN Powder Filled Launched or Thrown 31 Caliber (approximately 180

RBrsquos)

15 Sec Time delay

54

12 Gauge Rubber Pellets

Description - Cartridge 12ga Sting Balltradereg

Type - Multiple Projectile Rubber Pellets

Velocity - 400 ftsec (Avg) Maximum Effective Range - 50 feetProjectiles - 18 (average)

High Energy Rounds 37 or 40MM Multiple Wooded Baton 37 or 40MM Multiple Rubber Baton 37 or 40MM Bean Bag round 40MM Spin Stabilized FoamSponge

Round 12 Gauge Single 4560 Cal Ball Round 12 Gauge Bean Bag Round

55

56

3740 MM Wooded Baton Rounds

3740 MM

55 or 8 Inch Casings

BlackSmokeless Powder

35 Baton Rounds

57

3740 MM Interlocking Rubber Baton

3740 MM

55 or 8 Inch Casings

BlackSmokeless Powder

35 Baton Rounds

58

3740 MM Mono Rubber Baton

3740 MM

55 or 8 Inch Casings

BlackSmokeless Powder

Single Baton Round

59

3740 MM Pen-Prevent or Super ldquoSOCrdquo Bean Bag Round

Additional Information

Black PowderSmokeless

Glass BeadsSilica Sand Lead Pelts

Aerodynamic or Non-Aerodynamic

60

40MM Spin Stabilized Foam Rounds

Additional Information 40MM Sponge Round Smokeless Delivery System 48 inch casing Most accurate round to date Special Nylon Casing

Only round which can be

effectively fired in all 5 ZONES

61

12 Gauge High Velocity - Rubber Pellets

Description - Cartridge 12ga Sting Balltrade HVreg

Type - Multiple Projectile Rubber Pellets

Velocity - 900 ftsec (Avg) Maximum Effective Range - 60 feet

Projectiles - 18 (average)

62

12 Gauge High Velocity - Tri-Dent 3 Rubber Ball

Description - Cartridge 12ga Sting Balltrade HVreg

Type - Multiple Projectile Rubber Balls

Velocity - 900 ftsec (Avg) Maximum Effective Range - 60 feet

Projectiles - 3

63

12 Gauge ldquoPen Preventrdquo Bean Bag Round

bull Projectile Weight - 40 gmbull Material - Shot filled Ballistic Fiber Reinforced flexible sock

bull Terminal Velocity - 280 fps (average) at 10 yardsreg

bull Accuracy - 4rdquo or better at 40 yards using a cylinder bore Remington 870

64

Categories of Rounds bull Flexible ndash Generally conforms to

surface it hits

bull Non-Flexible - Generally doesnrsquot conforms to surface it hits

bull Ridged ndash Generally shatters or bounces off surface it comes into contact with

65

Chapter 3

Angles of Fire

Angles of Fire Defined as the

aiming point with a

designated round for maximum accuracy

67

Direct Angle bull Direct ndash Directly aimed into the target area

68

TARGET

Indirect Anglebull Indirect ndash Skipped into the target area (Usually 3-6 feet based on terrain)

69

TARGET

Low Angle

bull Low Angle ndash Aimed just outside of point of aim point of impact distance

70

TARGET

High Angle

bull High Angle ndash Aimed in a high arch into target area

71

TARGET

Chapter 4

Cause and Effect

Cause amp Effect of Rounds

bull Mental - Discuss

bull Physical - Discuss

73

Mental Effectsbull Specialty Impact Munitions have a

tremendous MENTAL effect on an individual In many cases the mental effects may far outweigh the physical effects and be the determining factor in the subjectrsquos response or time of incapacitation or distraction ldquoA fear of being shotrdquo

74

Anxietybull The action of pointing a firearm directly at

an individual andor actually firing a projectile

bull The pain and at times the appearance of

the injury may reinforce this belief

bull Instructor Note Can be addressed through training

75

Fearbull Arouses connotations and a fear of having been

shot with a firearm SIMS may cause a powerful mental distraction

bull Mentally the subject must cope with the physiological pain that the body feels

bull Instructor Note Can be addressed through personal experience

76

Panicbull Panic is not a desirable response due to having

less control of the subject or crowd

bull The impact is likely to create fear which may create a fight or flight response

bull Crowds may scatter rendering the intended escape route useless

bull Instructor Note LEAST DESIREABLE RESPONSE

77

Chapter 5

Primary vs Secondary Injuries

Primary vs Secondary Injury

Primary Injury

bull An injury directly caused by the use of force tool use

80

Secondary Injurybull An injury indirectly caused by

the use of force tool use

bull Either from resistance from subject or another officer and or environmental surroundings

81

Flight of a projectile

bull Once leaving barrel seeks equal weight distribution ndash Pan Cakes Saucer Spin

bull Head Wind ndash Round May Dive or Risebull Tail Wind ndash Round may Float or Cork

Screwbull Cross Wind ndash ldquoJrdquo Turn

82

Projectile CalculationWhen the distance of the target

INCREASES it effects

Velocity + Accuracy + Impact = Injury

83

Projectile CalculationWhen the distance of the target

DECREASES it effects

Velocity + Accuracy + Impact = Injury

84

Chapter 6

Target areas when using SIM

Blunt Trauma vs

Penetration Trauma

Blunt Traumabull The MAXIMUM desired effect of an impact munitions is

BLUNT TRAUMA - an impact from an object that leaves the body surface intact but may cause sufficient (non-life threatening) injury to distract control or incapacitate the subject

Stinger Round Injury

Pepperball Injury

Stinger Round Injury87

Types of Blunt Trauma Injuries

bull Abrasions - Skimming the surface skin area

bull Contusions - Injury to the brain

bull Lacerations - Partially hitting the skin surface from the side cutting the surface

88

Continued Blunt Trauma Injuriesbull Fractures - Primary injury when

munition strikes target are directly

bull Secondary injury when munitions strikes target area and causes the body to fall striking another surface indirectly

bull Concussion - Glancing blows or missed target or Falling or collapsing of the subject 89

Penetration Traumabull The unintended and most

undesirable outcome of an SIMS is penetration

bull SIMrsquos can cause Death or serious bodily injury

90

PenetrationPuncture ndash Entering the body

at arsquo90 degree angle breaking

thesurface of the skin

91

Target Areas

Unable to use a striking color baton chart

because the chart was used to identify areas of the body for impact and

injuries for striking a human which is MUCH less

force then deploying Specially Impact

Munitions92

Meat amp Muscle Areas

bull Primary target areas that when striking the human body will cause mild to intense pain with NO LONG LASTING INJURY

93

Primary Target Area ndash the target area

consisting of large muscle groupsbull Buttocks bull Thigh amp Calvesbull Lower Abdominal Areabull BicepsTricepsbull Forearm area

94

Meat amp Bone Areasbull Secondary target areas that when striking the human body will cause mild to intense pain with MINOR to LONG LASTING INJURY

95

Secondary target areas are skeletal areas ndash

preferred - may result in fractures

bull Shoulderbull Kneesbull Anklesbull Wrists bull Elbows

96

Bone amp Sensitive Areasbull Last resort target areas that when

striking the human body will cause intense pain with long lasting injury which MAY RESULT IN SERIOUS BODILY HARM WHICH MAY RESULT IN DEATH

97

Last Resort Target Area ndash the target area when

maximum effectiveness is desired to meet a level of

threat escalating to deadly force justification

bull Head amp Throatbull Chest (center mass)bull Solar plexusbull Groinbull Spinebull Lower back

98

99

100

Clothing

1 In colder climates where heavier clothing and jackets are worn rounds with higher energy capabilities will be required

2 In a case where the subject is lightly dressed pay close attention to munitions selection shot placement and engagement distance

3 In detention facilities and during civil disturbances the subjects may pad themselves in order to defeat the effects of SIM

101

Physical Stature and Condition ndash Is the subject heavy musculature or thin and skeletal age

1 250-pound muscular individual will more than likely be physiologically effected less than a 100-pound individual when both are struck in the sametarget area by SIM

2 The blunt trauma effects and the potential for penetration are much greater for the smallerperson 102

37MM Foam Baton-15 feet=WHOHOW12 ga Rubber Pellets HV- 22 feet= WHOHOW40MM Bean Bag-34 feet=WHOHOW

213

90 to 140 lbs 131 to 185 lbs 186 to 220 lbs (220 to 350+)

103

Immediate Surroundings 1Is there any person in the immediate area who

maybe at risk of a deflected or missed shot

2Identify your target backstop and beyond

104

Chapter 7

Intervention Options

THE FORCE CONTINUUM ndash WHEN TO USE SIMrsquos

bull Ladder of Forcebull Force Continuumbull Circle of Forcebull Force Modularbull Escalation of Force

106

107

OFFICER PRESENCE

bull Uniform Badge bull Dedicated Weapon Displayed

bull On a Slingbull Port Arms bull Ready Carry Position

108

Presence

109

Verbal Commands

bull Please stand over there bull Please sit down on the chairbull Stop put your hands downbull Ending with ldquoDo it nowrdquobull Professional Tone amp Attitude

110

NON-Verbal

111

Verbalization

112

SOFT PHYSICAL TECHNIQUES

bull Slight touching or guiding contact

bull Cupping an elbow to escort Lightly grabbing an arm or shoulder

bull AIMING WEAPON113

Aiming WeaponFinger OFF

Trigger

114

HARD PHYSICAL TECHNIQUES

bull Limb Control Techniquesbull Takedown Ground Stabilizationbull Dynamic Countermeasuresbull Impact Techniquesbull Electrical Devicesbull Hand held impact weapons bull Specialty Impact Munitions

115

Firing the Weapon116

DEADLY FORCE

bull Impact Weaponsbull SIM ndash Changing Aiming Point

bull Neck Restraintbull Firearm

117

Transitioning to

firearm

118

Chapter 8

Documentation

Documentationbull Collect all munitions expended and photographed when practical

ndashEvery CasingndashMark Misfired or Damaged rounds 120

Documentation

bull An inventory of munitions used and not used should be noted

ndashWhat was issued and went out

ndashWhat was fired and misfiredndashWhat was lost and not recovered 121

Documentation

bull A report should be written detailing the order in which the events occurred and the police actions that were required

122

Documentation

bull Report the effectiveness of the various types of SIMrsquos and their delivery systems

ndashWhat did I fire that didnrsquot

ndashWhat did I fire that did123

Documentationbull Document any injuries sustained and property damage incurred

ndashInjuries to SubjectndashOfficersndashBystanders

124

Documentationbull After the crowd has dispersed it

is necessary to move rapidly into the target area to remove lingering groups and to prevent the crowd from regrouping and continuing illegal activity

ndashFollow ThroughndashSecuring the Area

125

LIABILITY ISSUES

The court will decide whether the actions of the officers were

(1)Consistent with the limits set forth by the constitution federal and state laws

(2)Consistent with departmental policy and procedures

(3)Consistent with training the officer received to handle such situations

126

5 Important Questions to ASK

bull What was the distance angle and elevation

bull What was the construction of the round used

bull What was the size of the subjectbull What was the expected point of impactbull What was the training of the shooter

127

Questions the Court will ASK

(1) Look at the conduct of other officers who were present andor participated in the actions

(2) The conduct of supervisors who may have authorized the actions of officers

128

Questions the Court will ASK

(1) Were the actions of the officers consistent with their training

(2) Was the training adequate and acceptable by contemporary standards

If the officers were not trained does it amountto deliberate indifference on the part of the

agency 129

Was the actions of the officer

bull A trained techniquebull Was it a dynamic application of

the trained techniquebull Was it an untrained technique

justified under the circumstances

130

Case Law

Know your laws

Graham v Connor 490 US 386 (1989)

a The US Supreme Court case that defined the standard under which excessive force claims would be judged

(1) The standard established was that of objective reasonableness(2) Prior to this the standard was police behavior that shocks the conscienceldquo

bIn this case the court redefined and set forth a less subjective standard

132Copyrighted by Dave Young

1990

City of Canton v Harris 489 US 378 109 S Ct 1197 (1989)

a In this case a woman was arrested and did not receive necessary medical attention after a shift commander was made aware of her condition and decided she did not need medical attention

b Although on the face the City of Canton policy addressed medical issues they were grossly negligent in that they did not provide the shift commanders with the proper training to make such decisions 133

Copyrighted by Dave Young 1990

City of Canton v Harris 489 US 378 109 S Ct 1197 (1989)

c There were many issues that emerged from this case however the primary issue was that of failure to train on the part of the city That negligence amounted to being deliberately in different to the rights of the plaintiff

The implications of Canton v Harris can also go beyond training issues however the burden of proving the Standard of deliberate indifference is on the plaintiff and not easy to prove

d Court Recommendation The duties that officers are assigned to perform must be accompanied with adequate training to perform that function

134Copyrighted by Dave Young

1990

ONeal v DeKalb County GA 850 F2d 653 (11th Cir 1988)

a A mental subject stabbed 7 people before being confronted by the police After repeatedly ordering the subject to drop the knife and lay on the floor the subject rushed the officers and was shot to death

b The court ruled that the use of deadly force instead of non-lethal force against a knife wielding suspect was not malicious or unreasonable therefore not actionable by the plaintiffs

135Copyrighted by Dave Young

1990

Plakas v Drinski 19 F3rd 1143 (7th Cir 1994) cert Denied 115 S Ct 81 (1994)

This case involved the shooting of a suspect who was

wielding a fire poker When the officer attempted to

arrest him he charged the officer with the fire poker and

was shot by police

(1)Plaintiffs who sued on behalf of the deceased claimed the officer did not use other means of force available to him at that time listing disabling chemical spray a police dog and distance

136Copyrighted by Dave Young

1990

Plakas v Drinski 19 F3rd 1143 (7th Cir 1994) cert Denied 115 SCt 81 (1994)

(2) The court stated ldquothat to permit every jury in this type of case to hear expert testimony that the defendant would have been uninjured if only the police had been able to use disabling gas or a capture net or a electrical device

(a)A municipality is liable because it failed to buy this equipment

(b)The Constitution does not enact a police administratorrsquos

equipment listlsquordquo

(c) The court ruled that there is no legal precedent that requires an officer to utilize alternatives to deadly force

137Copyrighted by Dave Young

1990

Davis v Mason County 927 F2d 1473 (9th Cir 1991)

aThe court ruled that the department had adequate training on the technical components of the use of force but did not have adequate training on the constitutional limits of the use of force in effecting arrests

138Copyrighted by Dave Young

1990

Davis v Mason County 927 F2d 1473 (9th Cir 1991)

b In other words the officers were trained on the how but not on the why and when the force is appropriate

c Court Recommendation Training should include confrontational scenarios of situations that require decision making then articulation by the officer as to the justification for the force used or not used

139Copyrighted by Dave Young

1990

Quezada v County of Bernalillo 944 F2d 710 (10th Cir 1991)

a The court ruled that an officer might be held liable for putting himself in a situation that requires him to use deadly force against an armed suicidal person

b This case involved an officer who left a position of cover to confront a suicidal subject

140Copyrighted by Dave Young

1990

141

Dave YoungFounder amp Director

ARMA Training

Website wwwarmatrainingcom772-913-1615

copyrighted by Dave Young 1994

Participation Acknowledgement Form

Allow you to clarify all expectations of what is expected of each student and instructor

Highlights important issues for instructor to set the pace with students

Clears all misunderstanding or confusion BEFORE the class begins

Failure to Respond to Training Form

Allow you to document any failed area for improving

future performance

Allows for student feedback

Documents level of proficiency

Student Injury Form

Allow you to document any injuries that happen during the course of the training programs

If itrsquos not recorded here it did not happen here

Documents injury and situation leading up to injury

First Sectionbull Take a 10 Minute Breakbull Restroombull Drinkbull Food

What makes a Good System

Legally Soundness (Meaning Course content is Review for Courtroom Testimony by Lawyers)

Medical Soundness (Meaning Course content is Reviewed by Licensed Doctors)

Tactical Soundness (Meaning Course content is Reviewed by sworn police officers and supported Field Proven Techniques)

Introduction to ARMA

bull ARMA Training Conducts over 70 different training programs both domestically and internationally at various satellite locations throughout the world

Unique Training Methods and Partners

bull Focuses on Technical needed for Product Liability amp Tactical Information Needed for Street Application on Field Proven Strategies Conducts Basic Instructor or Master Level Courses Represents Over 45 Different Companies

Special Partnershipbull Northwest Technical Collegebull Located in Green Bay WIbull All programs are state certified

through a higher learning of education

Chapter 1

History of Specialty Impact Munitions

31

H istory of Specia lty Im pact M un itions

CorrectionsS pecia l C ircum stances

D C TS O R T

Law EnforcementP atro lS W AT

C row d M anagem ent

MilitaryM Ilitary Po lice

S R TC iv il D istu rbance

Specialty Im pact M unitions

>

Kalimba

Mr Scruff

Ninja Tuna track 1

2008

Electronic

34808167

eng - Ninja Tune Records

- Ninja Tune Records

Correctional Use Cell Extraction Special Circumstances (Suicide by Inmate) Covering Chemical Munitions Regaining controlled areas Escorting Inmates Protecting Officers or Formations Protecting the perimeter Protecting Property

32

Law Enforcement Use Individual Targeted Subjects Special Circumstances (Suicide by Cop-

Standoff) Covering Chemical Munitions Regaining controlled areas Special Escorting Details Protecting Officers or Formations Protecting the Perimeter Protecting Property

33

Military Use Individual Targeted Subjects Special Circumstances (Suicide by Cop-Standoff) Covering Chemical Munitions Regaining controlled areas Humanitarian Missions Special Escorting Details Protecting Officers or Formations Protecting the perimeter Protecting Property

34

P O L I C E L I N E

35

Weapon Delivery Zones in Feet

Z O N E 1

Z O N E 3

Z O N E 2

Z O N E 4

Z O N E 5

Serious Threat

Intermediate Threat

Potential Threat

Possible Threat

Unlikely Threat

0 10

10 50

50 100

150100

150 200

Justification of SIM Use

Covering Chemical Munitions

Protecting Formations

Protecting Life and Property

36

Powder Delivery Systems

bull Black Powder ndash Advantages

bullCost EffectivebullMore Rounds AvailablebullCan ONLY be fired in 37MM

37

Powder Delivery Systemsbull Black Powder ndash Disadvantages

bullMost Corrosive to weaponbull Increased Malfunction possibility

bullGive Shooters position awaybullLeast accurate munitions

38

Powder Delivery Systems

bull Smokeless Black Powder ndash Advantages

bullLeast Corrosive to weaponbullReduced Malfunction possibility

bullConceals Shooters position bullMost accurate munitions

39

Powder Delivery Systems

bull Smokeless Powder ndash Disadvantages

bullMost costly munitions

40

Casing Sizes

bull 37MM ndash Usually 8 inch in length Black Powder

bull 3740MM ndash Usually 55 inch in length

Black Powder or Smokeless

bull 40MM ndash Usually 48 in in length Smokeless Powder

41

Chapter 2

Classifications of Specialty Impact Munitions

Classifications of SIM Rounds

43

Low Energy VS High Energy Only need one of both

bull Weatherbull Distance from threat

bull Terrain

Low Energybull Designed to deliver minimal energy to cause slight physical discomfort for pain compliance or mental distraction

44

High Energybull Designed to deliver enough energy to inflict blunt trauma to cause greater physical discomfort and possible incapacitation

45

Low Energy Roundsbull 37MM or 40MM Multiple Rubber

Balls (32 or 60 caliber) or Stinger Ball

bull 37MM or 40MM Multiple Foam Baton bull 40MM Spin Stabilized FoamSponge

Roundbull 12 Gauge Rubber Pellets ndash Marked

Low Velocity 46

47

3132 Caliber Stinger BallsAdditional Information

37mm or 40MM

Black Powder or Smokeless

3132 Caliber Ball (approx)

55 or 8 inch casings

48

4560 Cal Rubber Balls

Additional Information

3740MM

Approx 24 Rubber Balls

Average 325 FPS

49

Foam Baton Rounds

Additional Information 37mm or 40MM Black Powder or Smokeless 35 baton rounds - 55 or 8 inch casings

50

40MM Spin Stabilized Foam Rounds

Additional Information

40MM Sponge Round Smokeless Delivery System

48 inch casings Most accurate round to date Most reliable round

51

Hit with 40MM Spin Stabilized Round 45 feet from Barrel

Notice no rip or tear in clothing

52

Hit with 40 MM Sponge Round 30 feet from Barrel

Within 3 days of being hit

1 hours after being hit

Shooter Sgt Don WeiderLexington SCSheriffrsquos Office

53

Stinger Balls Additional Information

CS ndash CN Powder Filled Launched or Thrown 31 Caliber (approximately 180

RBrsquos)

15 Sec Time delay

54

12 Gauge Rubber Pellets

Description - Cartridge 12ga Sting Balltradereg

Type - Multiple Projectile Rubber Pellets

Velocity - 400 ftsec (Avg) Maximum Effective Range - 50 feetProjectiles - 18 (average)

High Energy Rounds 37 or 40MM Multiple Wooded Baton 37 or 40MM Multiple Rubber Baton 37 or 40MM Bean Bag round 40MM Spin Stabilized FoamSponge

Round 12 Gauge Single 4560 Cal Ball Round 12 Gauge Bean Bag Round

55

56

3740 MM Wooded Baton Rounds

3740 MM

55 or 8 Inch Casings

BlackSmokeless Powder

35 Baton Rounds

57

3740 MM Interlocking Rubber Baton

3740 MM

55 or 8 Inch Casings

BlackSmokeless Powder

35 Baton Rounds

58

3740 MM Mono Rubber Baton

3740 MM

55 or 8 Inch Casings

BlackSmokeless Powder

Single Baton Round

59

3740 MM Pen-Prevent or Super ldquoSOCrdquo Bean Bag Round

Additional Information

Black PowderSmokeless

Glass BeadsSilica Sand Lead Pelts

Aerodynamic or Non-Aerodynamic

60

40MM Spin Stabilized Foam Rounds

Additional Information 40MM Sponge Round Smokeless Delivery System 48 inch casing Most accurate round to date Special Nylon Casing

Only round which can be

effectively fired in all 5 ZONES

61

12 Gauge High Velocity - Rubber Pellets

Description - Cartridge 12ga Sting Balltrade HVreg

Type - Multiple Projectile Rubber Pellets

Velocity - 900 ftsec (Avg) Maximum Effective Range - 60 feet

Projectiles - 18 (average)

62

12 Gauge High Velocity - Tri-Dent 3 Rubber Ball

Description - Cartridge 12ga Sting Balltrade HVreg

Type - Multiple Projectile Rubber Balls

Velocity - 900 ftsec (Avg) Maximum Effective Range - 60 feet

Projectiles - 3

63

12 Gauge ldquoPen Preventrdquo Bean Bag Round

bull Projectile Weight - 40 gmbull Material - Shot filled Ballistic Fiber Reinforced flexible sock

bull Terminal Velocity - 280 fps (average) at 10 yardsreg

bull Accuracy - 4rdquo or better at 40 yards using a cylinder bore Remington 870

64

Categories of Rounds bull Flexible ndash Generally conforms to

surface it hits

bull Non-Flexible - Generally doesnrsquot conforms to surface it hits

bull Ridged ndash Generally shatters or bounces off surface it comes into contact with

65

Chapter 3

Angles of Fire

Angles of Fire Defined as the

aiming point with a

designated round for maximum accuracy

67

Direct Angle bull Direct ndash Directly aimed into the target area

68

TARGET

Indirect Anglebull Indirect ndash Skipped into the target area (Usually 3-6 feet based on terrain)

69

TARGET

Low Angle

bull Low Angle ndash Aimed just outside of point of aim point of impact distance

70

TARGET

High Angle

bull High Angle ndash Aimed in a high arch into target area

71

TARGET

Chapter 4

Cause and Effect

Cause amp Effect of Rounds

bull Mental - Discuss

bull Physical - Discuss

73

Mental Effectsbull Specialty Impact Munitions have a

tremendous MENTAL effect on an individual In many cases the mental effects may far outweigh the physical effects and be the determining factor in the subjectrsquos response or time of incapacitation or distraction ldquoA fear of being shotrdquo

74

Anxietybull The action of pointing a firearm directly at

an individual andor actually firing a projectile

bull The pain and at times the appearance of

the injury may reinforce this belief

bull Instructor Note Can be addressed through training

75

Fearbull Arouses connotations and a fear of having been

shot with a firearm SIMS may cause a powerful mental distraction

bull Mentally the subject must cope with the physiological pain that the body feels

bull Instructor Note Can be addressed through personal experience

76

Panicbull Panic is not a desirable response due to having

less control of the subject or crowd

bull The impact is likely to create fear which may create a fight or flight response

bull Crowds may scatter rendering the intended escape route useless

bull Instructor Note LEAST DESIREABLE RESPONSE

77

Chapter 5

Primary vs Secondary Injuries

Primary vs Secondary Injury

Primary Injury

bull An injury directly caused by the use of force tool use

80

Secondary Injurybull An injury indirectly caused by

the use of force tool use

bull Either from resistance from subject or another officer and or environmental surroundings

81

Flight of a projectile

bull Once leaving barrel seeks equal weight distribution ndash Pan Cakes Saucer Spin

bull Head Wind ndash Round May Dive or Risebull Tail Wind ndash Round may Float or Cork

Screwbull Cross Wind ndash ldquoJrdquo Turn

82

Projectile CalculationWhen the distance of the target

INCREASES it effects

Velocity + Accuracy + Impact = Injury

83

Projectile CalculationWhen the distance of the target

DECREASES it effects

Velocity + Accuracy + Impact = Injury

84

Chapter 6

Target areas when using SIM

Blunt Trauma vs

Penetration Trauma

Blunt Traumabull The MAXIMUM desired effect of an impact munitions is

BLUNT TRAUMA - an impact from an object that leaves the body surface intact but may cause sufficient (non-life threatening) injury to distract control or incapacitate the subject

Stinger Round Injury

Pepperball Injury

Stinger Round Injury87

Types of Blunt Trauma Injuries

bull Abrasions - Skimming the surface skin area

bull Contusions - Injury to the brain

bull Lacerations - Partially hitting the skin surface from the side cutting the surface

88

Continued Blunt Trauma Injuriesbull Fractures - Primary injury when

munition strikes target are directly

bull Secondary injury when munitions strikes target area and causes the body to fall striking another surface indirectly

bull Concussion - Glancing blows or missed target or Falling or collapsing of the subject 89

Penetration Traumabull The unintended and most

undesirable outcome of an SIMS is penetration

bull SIMrsquos can cause Death or serious bodily injury

90

PenetrationPuncture ndash Entering the body

at arsquo90 degree angle breaking

thesurface of the skin

91

Target Areas

Unable to use a striking color baton chart

because the chart was used to identify areas of the body for impact and

injuries for striking a human which is MUCH less

force then deploying Specially Impact

Munitions92

Meat amp Muscle Areas

bull Primary target areas that when striking the human body will cause mild to intense pain with NO LONG LASTING INJURY

93

Primary Target Area ndash the target area

consisting of large muscle groupsbull Buttocks bull Thigh amp Calvesbull Lower Abdominal Areabull BicepsTricepsbull Forearm area

94

Meat amp Bone Areasbull Secondary target areas that when striking the human body will cause mild to intense pain with MINOR to LONG LASTING INJURY

95

Secondary target areas are skeletal areas ndash

preferred - may result in fractures

bull Shoulderbull Kneesbull Anklesbull Wrists bull Elbows

96

Bone amp Sensitive Areasbull Last resort target areas that when

striking the human body will cause intense pain with long lasting injury which MAY RESULT IN SERIOUS BODILY HARM WHICH MAY RESULT IN DEATH

97

Last Resort Target Area ndash the target area when

maximum effectiveness is desired to meet a level of

threat escalating to deadly force justification

bull Head amp Throatbull Chest (center mass)bull Solar plexusbull Groinbull Spinebull Lower back

98

99

100

Clothing

1 In colder climates where heavier clothing and jackets are worn rounds with higher energy capabilities will be required

2 In a case where the subject is lightly dressed pay close attention to munitions selection shot placement and engagement distance

3 In detention facilities and during civil disturbances the subjects may pad themselves in order to defeat the effects of SIM

101

Physical Stature and Condition ndash Is the subject heavy musculature or thin and skeletal age

1 250-pound muscular individual will more than likely be physiologically effected less than a 100-pound individual when both are struck in the sametarget area by SIM

2 The blunt trauma effects and the potential for penetration are much greater for the smallerperson 102

37MM Foam Baton-15 feet=WHOHOW12 ga Rubber Pellets HV- 22 feet= WHOHOW40MM Bean Bag-34 feet=WHOHOW

213

90 to 140 lbs 131 to 185 lbs 186 to 220 lbs (220 to 350+)

103

Immediate Surroundings 1Is there any person in the immediate area who

maybe at risk of a deflected or missed shot

2Identify your target backstop and beyond

104

Chapter 7

Intervention Options

THE FORCE CONTINUUM ndash WHEN TO USE SIMrsquos

bull Ladder of Forcebull Force Continuumbull Circle of Forcebull Force Modularbull Escalation of Force

106

107

OFFICER PRESENCE

bull Uniform Badge bull Dedicated Weapon Displayed

bull On a Slingbull Port Arms bull Ready Carry Position

108

Presence

109

Verbal Commands

bull Please stand over there bull Please sit down on the chairbull Stop put your hands downbull Ending with ldquoDo it nowrdquobull Professional Tone amp Attitude

110

NON-Verbal

111

Verbalization

112

SOFT PHYSICAL TECHNIQUES

bull Slight touching or guiding contact

bull Cupping an elbow to escort Lightly grabbing an arm or shoulder

bull AIMING WEAPON113

Aiming WeaponFinger OFF

Trigger

114

HARD PHYSICAL TECHNIQUES

bull Limb Control Techniquesbull Takedown Ground Stabilizationbull Dynamic Countermeasuresbull Impact Techniquesbull Electrical Devicesbull Hand held impact weapons bull Specialty Impact Munitions

115

Firing the Weapon116

DEADLY FORCE

bull Impact Weaponsbull SIM ndash Changing Aiming Point

bull Neck Restraintbull Firearm

117

Transitioning to

firearm

118

Chapter 8

Documentation

Documentationbull Collect all munitions expended and photographed when practical

ndashEvery CasingndashMark Misfired or Damaged rounds 120

Documentation

bull An inventory of munitions used and not used should be noted

ndashWhat was issued and went out

ndashWhat was fired and misfiredndashWhat was lost and not recovered 121

Documentation

bull A report should be written detailing the order in which the events occurred and the police actions that were required

122

Documentation

bull Report the effectiveness of the various types of SIMrsquos and their delivery systems

ndashWhat did I fire that didnrsquot

ndashWhat did I fire that did123

Documentationbull Document any injuries sustained and property damage incurred

ndashInjuries to SubjectndashOfficersndashBystanders

124

Documentationbull After the crowd has dispersed it

is necessary to move rapidly into the target area to remove lingering groups and to prevent the crowd from regrouping and continuing illegal activity

ndashFollow ThroughndashSecuring the Area

125

LIABILITY ISSUES

The court will decide whether the actions of the officers were

(1)Consistent with the limits set forth by the constitution federal and state laws

(2)Consistent with departmental policy and procedures

(3)Consistent with training the officer received to handle such situations

126

5 Important Questions to ASK

bull What was the distance angle and elevation

bull What was the construction of the round used

bull What was the size of the subjectbull What was the expected point of impactbull What was the training of the shooter

127

Questions the Court will ASK

(1) Look at the conduct of other officers who were present andor participated in the actions

(2) The conduct of supervisors who may have authorized the actions of officers

128

Questions the Court will ASK

(1) Were the actions of the officers consistent with their training

(2) Was the training adequate and acceptable by contemporary standards

If the officers were not trained does it amountto deliberate indifference on the part of the

agency 129

Was the actions of the officer

bull A trained techniquebull Was it a dynamic application of

the trained techniquebull Was it an untrained technique

justified under the circumstances

130

Case Law

Know your laws

Graham v Connor 490 US 386 (1989)

a The US Supreme Court case that defined the standard under which excessive force claims would be judged

(1) The standard established was that of objective reasonableness(2) Prior to this the standard was police behavior that shocks the conscienceldquo

bIn this case the court redefined and set forth a less subjective standard

132Copyrighted by Dave Young

1990

City of Canton v Harris 489 US 378 109 S Ct 1197 (1989)

a In this case a woman was arrested and did not receive necessary medical attention after a shift commander was made aware of her condition and decided she did not need medical attention

b Although on the face the City of Canton policy addressed medical issues they were grossly negligent in that they did not provide the shift commanders with the proper training to make such decisions 133

Copyrighted by Dave Young 1990

City of Canton v Harris 489 US 378 109 S Ct 1197 (1989)

c There were many issues that emerged from this case however the primary issue was that of failure to train on the part of the city That negligence amounted to being deliberately in different to the rights of the plaintiff

The implications of Canton v Harris can also go beyond training issues however the burden of proving the Standard of deliberate indifference is on the plaintiff and not easy to prove

d Court Recommendation The duties that officers are assigned to perform must be accompanied with adequate training to perform that function

134Copyrighted by Dave Young

1990

ONeal v DeKalb County GA 850 F2d 653 (11th Cir 1988)

a A mental subject stabbed 7 people before being confronted by the police After repeatedly ordering the subject to drop the knife and lay on the floor the subject rushed the officers and was shot to death

b The court ruled that the use of deadly force instead of non-lethal force against a knife wielding suspect was not malicious or unreasonable therefore not actionable by the plaintiffs

135Copyrighted by Dave Young

1990

Plakas v Drinski 19 F3rd 1143 (7th Cir 1994) cert Denied 115 S Ct 81 (1994)

This case involved the shooting of a suspect who was

wielding a fire poker When the officer attempted to

arrest him he charged the officer with the fire poker and

was shot by police

(1)Plaintiffs who sued on behalf of the deceased claimed the officer did not use other means of force available to him at that time listing disabling chemical spray a police dog and distance

136Copyrighted by Dave Young

1990

Plakas v Drinski 19 F3rd 1143 (7th Cir 1994) cert Denied 115 SCt 81 (1994)

(2) The court stated ldquothat to permit every jury in this type of case to hear expert testimony that the defendant would have been uninjured if only the police had been able to use disabling gas or a capture net or a electrical device

(a)A municipality is liable because it failed to buy this equipment

(b)The Constitution does not enact a police administratorrsquos

equipment listlsquordquo

(c) The court ruled that there is no legal precedent that requires an officer to utilize alternatives to deadly force

137Copyrighted by Dave Young

1990

Davis v Mason County 927 F2d 1473 (9th Cir 1991)

aThe court ruled that the department had adequate training on the technical components of the use of force but did not have adequate training on the constitutional limits of the use of force in effecting arrests

138Copyrighted by Dave Young

1990

Davis v Mason County 927 F2d 1473 (9th Cir 1991)

b In other words the officers were trained on the how but not on the why and when the force is appropriate

c Court Recommendation Training should include confrontational scenarios of situations that require decision making then articulation by the officer as to the justification for the force used or not used

139Copyrighted by Dave Young

1990

Quezada v County of Bernalillo 944 F2d 710 (10th Cir 1991)

a The court ruled that an officer might be held liable for putting himself in a situation that requires him to use deadly force against an armed suicidal person

b This case involved an officer who left a position of cover to confront a suicidal subject

140Copyrighted by Dave Young

1990

141

Dave YoungFounder amp Director

ARMA Training

Website wwwarmatrainingcom772-913-1615

copyrighted by Dave Young 1994

Failure to Respond to Training Form

Allow you to document any failed area for improving

future performance

Allows for student feedback

Documents level of proficiency

Student Injury Form

Allow you to document any injuries that happen during the course of the training programs

If itrsquos not recorded here it did not happen here

Documents injury and situation leading up to injury

First Sectionbull Take a 10 Minute Breakbull Restroombull Drinkbull Food

What makes a Good System

Legally Soundness (Meaning Course content is Review for Courtroom Testimony by Lawyers)

Medical Soundness (Meaning Course content is Reviewed by Licensed Doctors)

Tactical Soundness (Meaning Course content is Reviewed by sworn police officers and supported Field Proven Techniques)

Introduction to ARMA

bull ARMA Training Conducts over 70 different training programs both domestically and internationally at various satellite locations throughout the world

Unique Training Methods and Partners

bull Focuses on Technical needed for Product Liability amp Tactical Information Needed for Street Application on Field Proven Strategies Conducts Basic Instructor or Master Level Courses Represents Over 45 Different Companies

Special Partnershipbull Northwest Technical Collegebull Located in Green Bay WIbull All programs are state certified

through a higher learning of education

Chapter 1

History of Specialty Impact Munitions

31

H istory of Specia lty Im pact M un itions

CorrectionsS pecia l C ircum stances

D C TS O R T

Law EnforcementP atro lS W AT

C row d M anagem ent

MilitaryM Ilitary Po lice

S R TC iv il D istu rbance

Specialty Im pact M unitions

>

Kalimba

Mr Scruff

Ninja Tuna track 1

2008

Electronic

34808167

eng - Ninja Tune Records

- Ninja Tune Records

Correctional Use Cell Extraction Special Circumstances (Suicide by Inmate) Covering Chemical Munitions Regaining controlled areas Escorting Inmates Protecting Officers or Formations Protecting the perimeter Protecting Property

32

Law Enforcement Use Individual Targeted Subjects Special Circumstances (Suicide by Cop-

Standoff) Covering Chemical Munitions Regaining controlled areas Special Escorting Details Protecting Officers or Formations Protecting the Perimeter Protecting Property

33

Military Use Individual Targeted Subjects Special Circumstances (Suicide by Cop-Standoff) Covering Chemical Munitions Regaining controlled areas Humanitarian Missions Special Escorting Details Protecting Officers or Formations Protecting the perimeter Protecting Property

34

P O L I C E L I N E

35

Weapon Delivery Zones in Feet

Z O N E 1

Z O N E 3

Z O N E 2

Z O N E 4

Z O N E 5

Serious Threat

Intermediate Threat

Potential Threat

Possible Threat

Unlikely Threat

0 10

10 50

50 100

150100

150 200

Justification of SIM Use

Covering Chemical Munitions

Protecting Formations

Protecting Life and Property

36

Powder Delivery Systems

bull Black Powder ndash Advantages

bullCost EffectivebullMore Rounds AvailablebullCan ONLY be fired in 37MM

37

Powder Delivery Systemsbull Black Powder ndash Disadvantages

bullMost Corrosive to weaponbull Increased Malfunction possibility

bullGive Shooters position awaybullLeast accurate munitions

38

Powder Delivery Systems

bull Smokeless Black Powder ndash Advantages

bullLeast Corrosive to weaponbullReduced Malfunction possibility

bullConceals Shooters position bullMost accurate munitions

39

Powder Delivery Systems

bull Smokeless Powder ndash Disadvantages

bullMost costly munitions

40

Casing Sizes

bull 37MM ndash Usually 8 inch in length Black Powder

bull 3740MM ndash Usually 55 inch in length

Black Powder or Smokeless

bull 40MM ndash Usually 48 in in length Smokeless Powder

41

Chapter 2

Classifications of Specialty Impact Munitions

Classifications of SIM Rounds

43

Low Energy VS High Energy Only need one of both

bull Weatherbull Distance from threat

bull Terrain

Low Energybull Designed to deliver minimal energy to cause slight physical discomfort for pain compliance or mental distraction

44

High Energybull Designed to deliver enough energy to inflict blunt trauma to cause greater physical discomfort and possible incapacitation

45

Low Energy Roundsbull 37MM or 40MM Multiple Rubber

Balls (32 or 60 caliber) or Stinger Ball

bull 37MM or 40MM Multiple Foam Baton bull 40MM Spin Stabilized FoamSponge

Roundbull 12 Gauge Rubber Pellets ndash Marked

Low Velocity 46

47

3132 Caliber Stinger BallsAdditional Information

37mm or 40MM

Black Powder or Smokeless

3132 Caliber Ball (approx)

55 or 8 inch casings

48

4560 Cal Rubber Balls

Additional Information

3740MM

Approx 24 Rubber Balls

Average 325 FPS

49

Foam Baton Rounds

Additional Information 37mm or 40MM Black Powder or Smokeless 35 baton rounds - 55 or 8 inch casings

50

40MM Spin Stabilized Foam Rounds

Additional Information

40MM Sponge Round Smokeless Delivery System

48 inch casings Most accurate round to date Most reliable round

51

Hit with 40MM Spin Stabilized Round 45 feet from Barrel

Notice no rip or tear in clothing

52

Hit with 40 MM Sponge Round 30 feet from Barrel

Within 3 days of being hit

1 hours after being hit

Shooter Sgt Don WeiderLexington SCSheriffrsquos Office

53

Stinger Balls Additional Information

CS ndash CN Powder Filled Launched or Thrown 31 Caliber (approximately 180

RBrsquos)

15 Sec Time delay

54

12 Gauge Rubber Pellets

Description - Cartridge 12ga Sting Balltradereg

Type - Multiple Projectile Rubber Pellets

Velocity - 400 ftsec (Avg) Maximum Effective Range - 50 feetProjectiles - 18 (average)

High Energy Rounds 37 or 40MM Multiple Wooded Baton 37 or 40MM Multiple Rubber Baton 37 or 40MM Bean Bag round 40MM Spin Stabilized FoamSponge

Round 12 Gauge Single 4560 Cal Ball Round 12 Gauge Bean Bag Round

55

56

3740 MM Wooded Baton Rounds

3740 MM

55 or 8 Inch Casings

BlackSmokeless Powder

35 Baton Rounds

57

3740 MM Interlocking Rubber Baton

3740 MM

55 or 8 Inch Casings

BlackSmokeless Powder

35 Baton Rounds

58

3740 MM Mono Rubber Baton

3740 MM

55 or 8 Inch Casings

BlackSmokeless Powder

Single Baton Round

59

3740 MM Pen-Prevent or Super ldquoSOCrdquo Bean Bag Round

Additional Information

Black PowderSmokeless

Glass BeadsSilica Sand Lead Pelts

Aerodynamic or Non-Aerodynamic

60

40MM Spin Stabilized Foam Rounds

Additional Information 40MM Sponge Round Smokeless Delivery System 48 inch casing Most accurate round to date Special Nylon Casing

Only round which can be

effectively fired in all 5 ZONES

61

12 Gauge High Velocity - Rubber Pellets

Description - Cartridge 12ga Sting Balltrade HVreg

Type - Multiple Projectile Rubber Pellets

Velocity - 900 ftsec (Avg) Maximum Effective Range - 60 feet

Projectiles - 18 (average)

62

12 Gauge High Velocity - Tri-Dent 3 Rubber Ball

Description - Cartridge 12ga Sting Balltrade HVreg

Type - Multiple Projectile Rubber Balls

Velocity - 900 ftsec (Avg) Maximum Effective Range - 60 feet

Projectiles - 3

63

12 Gauge ldquoPen Preventrdquo Bean Bag Round

bull Projectile Weight - 40 gmbull Material - Shot filled Ballistic Fiber Reinforced flexible sock

bull Terminal Velocity - 280 fps (average) at 10 yardsreg

bull Accuracy - 4rdquo or better at 40 yards using a cylinder bore Remington 870

64

Categories of Rounds bull Flexible ndash Generally conforms to

surface it hits

bull Non-Flexible - Generally doesnrsquot conforms to surface it hits

bull Ridged ndash Generally shatters or bounces off surface it comes into contact with

65

Chapter 3

Angles of Fire

Angles of Fire Defined as the

aiming point with a

designated round for maximum accuracy

67

Direct Angle bull Direct ndash Directly aimed into the target area

68

TARGET

Indirect Anglebull Indirect ndash Skipped into the target area (Usually 3-6 feet based on terrain)

69

TARGET

Low Angle

bull Low Angle ndash Aimed just outside of point of aim point of impact distance

70

TARGET

High Angle

bull High Angle ndash Aimed in a high arch into target area

71

TARGET

Chapter 4

Cause and Effect

Cause amp Effect of Rounds

bull Mental - Discuss

bull Physical - Discuss

73

Mental Effectsbull Specialty Impact Munitions have a

tremendous MENTAL effect on an individual In many cases the mental effects may far outweigh the physical effects and be the determining factor in the subjectrsquos response or time of incapacitation or distraction ldquoA fear of being shotrdquo

74

Anxietybull The action of pointing a firearm directly at

an individual andor actually firing a projectile

bull The pain and at times the appearance of

the injury may reinforce this belief

bull Instructor Note Can be addressed through training

75

Fearbull Arouses connotations and a fear of having been

shot with a firearm SIMS may cause a powerful mental distraction

bull Mentally the subject must cope with the physiological pain that the body feels

bull Instructor Note Can be addressed through personal experience

76

Panicbull Panic is not a desirable response due to having

less control of the subject or crowd

bull The impact is likely to create fear which may create a fight or flight response

bull Crowds may scatter rendering the intended escape route useless

bull Instructor Note LEAST DESIREABLE RESPONSE

77

Chapter 5

Primary vs Secondary Injuries

Primary vs Secondary Injury

Primary Injury

bull An injury directly caused by the use of force tool use

80

Secondary Injurybull An injury indirectly caused by

the use of force tool use

bull Either from resistance from subject or another officer and or environmental surroundings

81

Flight of a projectile

bull Once leaving barrel seeks equal weight distribution ndash Pan Cakes Saucer Spin

bull Head Wind ndash Round May Dive or Risebull Tail Wind ndash Round may Float or Cork

Screwbull Cross Wind ndash ldquoJrdquo Turn

82

Projectile CalculationWhen the distance of the target

INCREASES it effects

Velocity + Accuracy + Impact = Injury

83

Projectile CalculationWhen the distance of the target

DECREASES it effects

Velocity + Accuracy + Impact = Injury

84

Chapter 6

Target areas when using SIM

Blunt Trauma vs

Penetration Trauma

Blunt Traumabull The MAXIMUM desired effect of an impact munitions is

BLUNT TRAUMA - an impact from an object that leaves the body surface intact but may cause sufficient (non-life threatening) injury to distract control or incapacitate the subject

Stinger Round Injury

Pepperball Injury

Stinger Round Injury87

Types of Blunt Trauma Injuries

bull Abrasions - Skimming the surface skin area

bull Contusions - Injury to the brain

bull Lacerations - Partially hitting the skin surface from the side cutting the surface

88

Continued Blunt Trauma Injuriesbull Fractures - Primary injury when

munition strikes target are directly

bull Secondary injury when munitions strikes target area and causes the body to fall striking another surface indirectly

bull Concussion - Glancing blows or missed target or Falling or collapsing of the subject 89

Penetration Traumabull The unintended and most

undesirable outcome of an SIMS is penetration

bull SIMrsquos can cause Death or serious bodily injury

90

PenetrationPuncture ndash Entering the body

at arsquo90 degree angle breaking

thesurface of the skin

91

Target Areas

Unable to use a striking color baton chart

because the chart was used to identify areas of the body for impact and

injuries for striking a human which is MUCH less

force then deploying Specially Impact

Munitions92

Meat amp Muscle Areas

bull Primary target areas that when striking the human body will cause mild to intense pain with NO LONG LASTING INJURY

93

Primary Target Area ndash the target area

consisting of large muscle groupsbull Buttocks bull Thigh amp Calvesbull Lower Abdominal Areabull BicepsTricepsbull Forearm area

94

Meat amp Bone Areasbull Secondary target areas that when striking the human body will cause mild to intense pain with MINOR to LONG LASTING INJURY

95

Secondary target areas are skeletal areas ndash

preferred - may result in fractures

bull Shoulderbull Kneesbull Anklesbull Wrists bull Elbows

96

Bone amp Sensitive Areasbull Last resort target areas that when

striking the human body will cause intense pain with long lasting injury which MAY RESULT IN SERIOUS BODILY HARM WHICH MAY RESULT IN DEATH

97

Last Resort Target Area ndash the target area when

maximum effectiveness is desired to meet a level of

threat escalating to deadly force justification

bull Head amp Throatbull Chest (center mass)bull Solar plexusbull Groinbull Spinebull Lower back

98

99

100

Clothing

1 In colder climates where heavier clothing and jackets are worn rounds with higher energy capabilities will be required

2 In a case where the subject is lightly dressed pay close attention to munitions selection shot placement and engagement distance

3 In detention facilities and during civil disturbances the subjects may pad themselves in order to defeat the effects of SIM

101

Physical Stature and Condition ndash Is the subject heavy musculature or thin and skeletal age

1 250-pound muscular individual will more than likely be physiologically effected less than a 100-pound individual when both are struck in the sametarget area by SIM

2 The blunt trauma effects and the potential for penetration are much greater for the smallerperson 102

37MM Foam Baton-15 feet=WHOHOW12 ga Rubber Pellets HV- 22 feet= WHOHOW40MM Bean Bag-34 feet=WHOHOW

213

90 to 140 lbs 131 to 185 lbs 186 to 220 lbs (220 to 350+)

103

Immediate Surroundings 1Is there any person in the immediate area who

maybe at risk of a deflected or missed shot

2Identify your target backstop and beyond

104

Chapter 7

Intervention Options

THE FORCE CONTINUUM ndash WHEN TO USE SIMrsquos

bull Ladder of Forcebull Force Continuumbull Circle of Forcebull Force Modularbull Escalation of Force

106

107

OFFICER PRESENCE

bull Uniform Badge bull Dedicated Weapon Displayed

bull On a Slingbull Port Arms bull Ready Carry Position

108

Presence

109

Verbal Commands

bull Please stand over there bull Please sit down on the chairbull Stop put your hands downbull Ending with ldquoDo it nowrdquobull Professional Tone amp Attitude

110

NON-Verbal

111

Verbalization

112

SOFT PHYSICAL TECHNIQUES

bull Slight touching or guiding contact

bull Cupping an elbow to escort Lightly grabbing an arm or shoulder

bull AIMING WEAPON113

Aiming WeaponFinger OFF

Trigger

114

HARD PHYSICAL TECHNIQUES

bull Limb Control Techniquesbull Takedown Ground Stabilizationbull Dynamic Countermeasuresbull Impact Techniquesbull Electrical Devicesbull Hand held impact weapons bull Specialty Impact Munitions

115

Firing the Weapon116

DEADLY FORCE

bull Impact Weaponsbull SIM ndash Changing Aiming Point

bull Neck Restraintbull Firearm

117

Transitioning to

firearm

118

Chapter 8

Documentation

Documentationbull Collect all munitions expended and photographed when practical

ndashEvery CasingndashMark Misfired or Damaged rounds 120

Documentation

bull An inventory of munitions used and not used should be noted

ndashWhat was issued and went out

ndashWhat was fired and misfiredndashWhat was lost and not recovered 121

Documentation

bull A report should be written detailing the order in which the events occurred and the police actions that were required

122

Documentation

bull Report the effectiveness of the various types of SIMrsquos and their delivery systems

ndashWhat did I fire that didnrsquot

ndashWhat did I fire that did123

Documentationbull Document any injuries sustained and property damage incurred

ndashInjuries to SubjectndashOfficersndashBystanders

124

Documentationbull After the crowd has dispersed it

is necessary to move rapidly into the target area to remove lingering groups and to prevent the crowd from regrouping and continuing illegal activity

ndashFollow ThroughndashSecuring the Area

125

LIABILITY ISSUES

The court will decide whether the actions of the officers were

(1)Consistent with the limits set forth by the constitution federal and state laws

(2)Consistent with departmental policy and procedures

(3)Consistent with training the officer received to handle such situations

126

5 Important Questions to ASK

bull What was the distance angle and elevation

bull What was the construction of the round used

bull What was the size of the subjectbull What was the expected point of impactbull What was the training of the shooter

127

Questions the Court will ASK

(1) Look at the conduct of other officers who were present andor participated in the actions

(2) The conduct of supervisors who may have authorized the actions of officers

128

Questions the Court will ASK

(1) Were the actions of the officers consistent with their training

(2) Was the training adequate and acceptable by contemporary standards

If the officers were not trained does it amountto deliberate indifference on the part of the

agency 129

Was the actions of the officer

bull A trained techniquebull Was it a dynamic application of

the trained techniquebull Was it an untrained technique

justified under the circumstances

130

Case Law

Know your laws

Graham v Connor 490 US 386 (1989)

a The US Supreme Court case that defined the standard under which excessive force claims would be judged

(1) The standard established was that of objective reasonableness(2) Prior to this the standard was police behavior that shocks the conscienceldquo

bIn this case the court redefined and set forth a less subjective standard

132Copyrighted by Dave Young

1990

City of Canton v Harris 489 US 378 109 S Ct 1197 (1989)

a In this case a woman was arrested and did not receive necessary medical attention after a shift commander was made aware of her condition and decided she did not need medical attention

b Although on the face the City of Canton policy addressed medical issues they were grossly negligent in that they did not provide the shift commanders with the proper training to make such decisions 133

Copyrighted by Dave Young 1990

City of Canton v Harris 489 US 378 109 S Ct 1197 (1989)

c There were many issues that emerged from this case however the primary issue was that of failure to train on the part of the city That negligence amounted to being deliberately in different to the rights of the plaintiff

The implications of Canton v Harris can also go beyond training issues however the burden of proving the Standard of deliberate indifference is on the plaintiff and not easy to prove

d Court Recommendation The duties that officers are assigned to perform must be accompanied with adequate training to perform that function

134Copyrighted by Dave Young

1990

ONeal v DeKalb County GA 850 F2d 653 (11th Cir 1988)

a A mental subject stabbed 7 people before being confronted by the police After repeatedly ordering the subject to drop the knife and lay on the floor the subject rushed the officers and was shot to death

b The court ruled that the use of deadly force instead of non-lethal force against a knife wielding suspect was not malicious or unreasonable therefore not actionable by the plaintiffs

135Copyrighted by Dave Young

1990

Plakas v Drinski 19 F3rd 1143 (7th Cir 1994) cert Denied 115 S Ct 81 (1994)

This case involved the shooting of a suspect who was

wielding a fire poker When the officer attempted to

arrest him he charged the officer with the fire poker and

was shot by police

(1)Plaintiffs who sued on behalf of the deceased claimed the officer did not use other means of force available to him at that time listing disabling chemical spray a police dog and distance

136Copyrighted by Dave Young

1990

Plakas v Drinski 19 F3rd 1143 (7th Cir 1994) cert Denied 115 SCt 81 (1994)

(2) The court stated ldquothat to permit every jury in this type of case to hear expert testimony that the defendant would have been uninjured if only the police had been able to use disabling gas or a capture net or a electrical device

(a)A municipality is liable because it failed to buy this equipment

(b)The Constitution does not enact a police administratorrsquos

equipment listlsquordquo

(c) The court ruled that there is no legal precedent that requires an officer to utilize alternatives to deadly force

137Copyrighted by Dave Young

1990

Davis v Mason County 927 F2d 1473 (9th Cir 1991)

aThe court ruled that the department had adequate training on the technical components of the use of force but did not have adequate training on the constitutional limits of the use of force in effecting arrests

138Copyrighted by Dave Young

1990

Davis v Mason County 927 F2d 1473 (9th Cir 1991)

b In other words the officers were trained on the how but not on the why and when the force is appropriate

c Court Recommendation Training should include confrontational scenarios of situations that require decision making then articulation by the officer as to the justification for the force used or not used

139Copyrighted by Dave Young

1990

Quezada v County of Bernalillo 944 F2d 710 (10th Cir 1991)

a The court ruled that an officer might be held liable for putting himself in a situation that requires him to use deadly force against an armed suicidal person

b This case involved an officer who left a position of cover to confront a suicidal subject

140Copyrighted by Dave Young

1990

141

Dave YoungFounder amp Director

ARMA Training

Website wwwarmatrainingcom772-913-1615

copyrighted by Dave Young 1994

Student Injury Form

Allow you to document any injuries that happen during the course of the training programs

If itrsquos not recorded here it did not happen here

Documents injury and situation leading up to injury

First Sectionbull Take a 10 Minute Breakbull Restroombull Drinkbull Food

What makes a Good System

Legally Soundness (Meaning Course content is Review for Courtroom Testimony by Lawyers)

Medical Soundness (Meaning Course content is Reviewed by Licensed Doctors)

Tactical Soundness (Meaning Course content is Reviewed by sworn police officers and supported Field Proven Techniques)

Introduction to ARMA

bull ARMA Training Conducts over 70 different training programs both domestically and internationally at various satellite locations throughout the world

Unique Training Methods and Partners

bull Focuses on Technical needed for Product Liability amp Tactical Information Needed for Street Application on Field Proven Strategies Conducts Basic Instructor or Master Level Courses Represents Over 45 Different Companies

Special Partnershipbull Northwest Technical Collegebull Located in Green Bay WIbull All programs are state certified

through a higher learning of education

Chapter 1

History of Specialty Impact Munitions

31

H istory of Specia lty Im pact M un itions

CorrectionsS pecia l C ircum stances

D C TS O R T

Law EnforcementP atro lS W AT

C row d M anagem ent

MilitaryM Ilitary Po lice

S R TC iv il D istu rbance

Specialty Im pact M unitions

>

Kalimba

Mr Scruff

Ninja Tuna track 1

2008

Electronic

34808167

eng - Ninja Tune Records

- Ninja Tune Records

Correctional Use Cell Extraction Special Circumstances (Suicide by Inmate) Covering Chemical Munitions Regaining controlled areas Escorting Inmates Protecting Officers or Formations Protecting the perimeter Protecting Property

32

Law Enforcement Use Individual Targeted Subjects Special Circumstances (Suicide by Cop-

Standoff) Covering Chemical Munitions Regaining controlled areas Special Escorting Details Protecting Officers or Formations Protecting the Perimeter Protecting Property

33

Military Use Individual Targeted Subjects Special Circumstances (Suicide by Cop-Standoff) Covering Chemical Munitions Regaining controlled areas Humanitarian Missions Special Escorting Details Protecting Officers or Formations Protecting the perimeter Protecting Property

34

P O L I C E L I N E

35

Weapon Delivery Zones in Feet

Z O N E 1

Z O N E 3

Z O N E 2

Z O N E 4

Z O N E 5

Serious Threat

Intermediate Threat

Potential Threat

Possible Threat

Unlikely Threat

0 10

10 50

50 100

150100

150 200

Justification of SIM Use

Covering Chemical Munitions

Protecting Formations

Protecting Life and Property

36

Powder Delivery Systems

bull Black Powder ndash Advantages

bullCost EffectivebullMore Rounds AvailablebullCan ONLY be fired in 37MM

37

Powder Delivery Systemsbull Black Powder ndash Disadvantages

bullMost Corrosive to weaponbull Increased Malfunction possibility

bullGive Shooters position awaybullLeast accurate munitions

38

Powder Delivery Systems

bull Smokeless Black Powder ndash Advantages

bullLeast Corrosive to weaponbullReduced Malfunction possibility

bullConceals Shooters position bullMost accurate munitions

39

Powder Delivery Systems

bull Smokeless Powder ndash Disadvantages

bullMost costly munitions

40

Casing Sizes

bull 37MM ndash Usually 8 inch in length Black Powder

bull 3740MM ndash Usually 55 inch in length

Black Powder or Smokeless

bull 40MM ndash Usually 48 in in length Smokeless Powder

41

Chapter 2

Classifications of Specialty Impact Munitions

Classifications of SIM Rounds

43

Low Energy VS High Energy Only need one of both

bull Weatherbull Distance from threat

bull Terrain

Low Energybull Designed to deliver minimal energy to cause slight physical discomfort for pain compliance or mental distraction

44

High Energybull Designed to deliver enough energy to inflict blunt trauma to cause greater physical discomfort and possible incapacitation

45

Low Energy Roundsbull 37MM or 40MM Multiple Rubber

Balls (32 or 60 caliber) or Stinger Ball

bull 37MM or 40MM Multiple Foam Baton bull 40MM Spin Stabilized FoamSponge

Roundbull 12 Gauge Rubber Pellets ndash Marked

Low Velocity 46

47

3132 Caliber Stinger BallsAdditional Information

37mm or 40MM

Black Powder or Smokeless

3132 Caliber Ball (approx)

55 or 8 inch casings

48

4560 Cal Rubber Balls

Additional Information

3740MM

Approx 24 Rubber Balls

Average 325 FPS

49

Foam Baton Rounds

Additional Information 37mm or 40MM Black Powder or Smokeless 35 baton rounds - 55 or 8 inch casings

50

40MM Spin Stabilized Foam Rounds

Additional Information

40MM Sponge Round Smokeless Delivery System

48 inch casings Most accurate round to date Most reliable round

51

Hit with 40MM Spin Stabilized Round 45 feet from Barrel

Notice no rip or tear in clothing

52

Hit with 40 MM Sponge Round 30 feet from Barrel

Within 3 days of being hit

1 hours after being hit

Shooter Sgt Don WeiderLexington SCSheriffrsquos Office

53

Stinger Balls Additional Information

CS ndash CN Powder Filled Launched or Thrown 31 Caliber (approximately 180

RBrsquos)

15 Sec Time delay

54

12 Gauge Rubber Pellets

Description - Cartridge 12ga Sting Balltradereg

Type - Multiple Projectile Rubber Pellets

Velocity - 400 ftsec (Avg) Maximum Effective Range - 50 feetProjectiles - 18 (average)

High Energy Rounds 37 or 40MM Multiple Wooded Baton 37 or 40MM Multiple Rubber Baton 37 or 40MM Bean Bag round 40MM Spin Stabilized FoamSponge

Round 12 Gauge Single 4560 Cal Ball Round 12 Gauge Bean Bag Round

55

56

3740 MM Wooded Baton Rounds

3740 MM

55 or 8 Inch Casings

BlackSmokeless Powder

35 Baton Rounds

57

3740 MM Interlocking Rubber Baton

3740 MM

55 or 8 Inch Casings

BlackSmokeless Powder

35 Baton Rounds

58

3740 MM Mono Rubber Baton

3740 MM

55 or 8 Inch Casings

BlackSmokeless Powder

Single Baton Round

59

3740 MM Pen-Prevent or Super ldquoSOCrdquo Bean Bag Round

Additional Information

Black PowderSmokeless

Glass BeadsSilica Sand Lead Pelts

Aerodynamic or Non-Aerodynamic

60

40MM Spin Stabilized Foam Rounds

Additional Information 40MM Sponge Round Smokeless Delivery System 48 inch casing Most accurate round to date Special Nylon Casing

Only round which can be

effectively fired in all 5 ZONES

61

12 Gauge High Velocity - Rubber Pellets

Description - Cartridge 12ga Sting Balltrade HVreg

Type - Multiple Projectile Rubber Pellets

Velocity - 900 ftsec (Avg) Maximum Effective Range - 60 feet

Projectiles - 18 (average)

62

12 Gauge High Velocity - Tri-Dent 3 Rubber Ball

Description - Cartridge 12ga Sting Balltrade HVreg

Type - Multiple Projectile Rubber Balls

Velocity - 900 ftsec (Avg) Maximum Effective Range - 60 feet

Projectiles - 3

63

12 Gauge ldquoPen Preventrdquo Bean Bag Round

bull Projectile Weight - 40 gmbull Material - Shot filled Ballistic Fiber Reinforced flexible sock

bull Terminal Velocity - 280 fps (average) at 10 yardsreg

bull Accuracy - 4rdquo or better at 40 yards using a cylinder bore Remington 870

64

Categories of Rounds bull Flexible ndash Generally conforms to

surface it hits

bull Non-Flexible - Generally doesnrsquot conforms to surface it hits

bull Ridged ndash Generally shatters or bounces off surface it comes into contact with

65

Chapter 3

Angles of Fire

Angles of Fire Defined as the

aiming point with a

designated round for maximum accuracy

67

Direct Angle bull Direct ndash Directly aimed into the target area

68

TARGET

Indirect Anglebull Indirect ndash Skipped into the target area (Usually 3-6 feet based on terrain)

69

TARGET

Low Angle

bull Low Angle ndash Aimed just outside of point of aim point of impact distance

70

TARGET

High Angle

bull High Angle ndash Aimed in a high arch into target area

71

TARGET

Chapter 4

Cause and Effect

Cause amp Effect of Rounds

bull Mental - Discuss

bull Physical - Discuss

73

Mental Effectsbull Specialty Impact Munitions have a

tremendous MENTAL effect on an individual In many cases the mental effects may far outweigh the physical effects and be the determining factor in the subjectrsquos response or time of incapacitation or distraction ldquoA fear of being shotrdquo

74

Anxietybull The action of pointing a firearm directly at

an individual andor actually firing a projectile

bull The pain and at times the appearance of

the injury may reinforce this belief

bull Instructor Note Can be addressed through training

75

Fearbull Arouses connotations and a fear of having been

shot with a firearm SIMS may cause a powerful mental distraction

bull Mentally the subject must cope with the physiological pain that the body feels

bull Instructor Note Can be addressed through personal experience

76

Panicbull Panic is not a desirable response due to having

less control of the subject or crowd

bull The impact is likely to create fear which may create a fight or flight response

bull Crowds may scatter rendering the intended escape route useless

bull Instructor Note LEAST DESIREABLE RESPONSE

77

Chapter 5

Primary vs Secondary Injuries

Primary vs Secondary Injury

Primary Injury

bull An injury directly caused by the use of force tool use

80

Secondary Injurybull An injury indirectly caused by

the use of force tool use

bull Either from resistance from subject or another officer and or environmental surroundings

81

Flight of a projectile

bull Once leaving barrel seeks equal weight distribution ndash Pan Cakes Saucer Spin

bull Head Wind ndash Round May Dive or Risebull Tail Wind ndash Round may Float or Cork

Screwbull Cross Wind ndash ldquoJrdquo Turn

82

Projectile CalculationWhen the distance of the target

INCREASES it effects

Velocity + Accuracy + Impact = Injury

83

Projectile CalculationWhen the distance of the target

DECREASES it effects

Velocity + Accuracy + Impact = Injury

84

Chapter 6

Target areas when using SIM

Blunt Trauma vs

Penetration Trauma

Blunt Traumabull The MAXIMUM desired effect of an impact munitions is

BLUNT TRAUMA - an impact from an object that leaves the body surface intact but may cause sufficient (non-life threatening) injury to distract control or incapacitate the subject

Stinger Round Injury

Pepperball Injury

Stinger Round Injury87

Types of Blunt Trauma Injuries

bull Abrasions - Skimming the surface skin area

bull Contusions - Injury to the brain

bull Lacerations - Partially hitting the skin surface from the side cutting the surface

88

Continued Blunt Trauma Injuriesbull Fractures - Primary injury when

munition strikes target are directly

bull Secondary injury when munitions strikes target area and causes the body to fall striking another surface indirectly

bull Concussion - Glancing blows or missed target or Falling or collapsing of the subject 89

Penetration Traumabull The unintended and most

undesirable outcome of an SIMS is penetration

bull SIMrsquos can cause Death or serious bodily injury

90

PenetrationPuncture ndash Entering the body

at arsquo90 degree angle breaking

thesurface of the skin

91

Target Areas

Unable to use a striking color baton chart

because the chart was used to identify areas of the body for impact and

injuries for striking a human which is MUCH less

force then deploying Specially Impact

Munitions92

Meat amp Muscle Areas

bull Primary target areas that when striking the human body will cause mild to intense pain with NO LONG LASTING INJURY

93

Primary Target Area ndash the target area

consisting of large muscle groupsbull Buttocks bull Thigh amp Calvesbull Lower Abdominal Areabull BicepsTricepsbull Forearm area

94

Meat amp Bone Areasbull Secondary target areas that when striking the human body will cause mild to intense pain with MINOR to LONG LASTING INJURY

95

Secondary target areas are skeletal areas ndash

preferred - may result in fractures

bull Shoulderbull Kneesbull Anklesbull Wrists bull Elbows

96

Bone amp Sensitive Areasbull Last resort target areas that when

striking the human body will cause intense pain with long lasting injury which MAY RESULT IN SERIOUS BODILY HARM WHICH MAY RESULT IN DEATH

97

Last Resort Target Area ndash the target area when

maximum effectiveness is desired to meet a level of

threat escalating to deadly force justification

bull Head amp Throatbull Chest (center mass)bull Solar plexusbull Groinbull Spinebull Lower back

98

99

100

Clothing

1 In colder climates where heavier clothing and jackets are worn rounds with higher energy capabilities will be required

2 In a case where the subject is lightly dressed pay close attention to munitions selection shot placement and engagement distance

3 In detention facilities and during civil disturbances the subjects may pad themselves in order to defeat the effects of SIM

101

Physical Stature and Condition ndash Is the subject heavy musculature or thin and skeletal age

1 250-pound muscular individual will more than likely be physiologically effected less than a 100-pound individual when both are struck in the sametarget area by SIM

2 The blunt trauma effects and the potential for penetration are much greater for the smallerperson 102

37MM Foam Baton-15 feet=WHOHOW12 ga Rubber Pellets HV- 22 feet= WHOHOW40MM Bean Bag-34 feet=WHOHOW

213

90 to 140 lbs 131 to 185 lbs 186 to 220 lbs (220 to 350+)

103

Immediate Surroundings 1Is there any person in the immediate area who

maybe at risk of a deflected or missed shot

2Identify your target backstop and beyond

104

Chapter 7

Intervention Options

THE FORCE CONTINUUM ndash WHEN TO USE SIMrsquos

bull Ladder of Forcebull Force Continuumbull Circle of Forcebull Force Modularbull Escalation of Force

106

107

OFFICER PRESENCE

bull Uniform Badge bull Dedicated Weapon Displayed

bull On a Slingbull Port Arms bull Ready Carry Position

108

Presence

109

Verbal Commands

bull Please stand over there bull Please sit down on the chairbull Stop put your hands downbull Ending with ldquoDo it nowrdquobull Professional Tone amp Attitude

110

NON-Verbal

111

Verbalization

112

SOFT PHYSICAL TECHNIQUES

bull Slight touching or guiding contact

bull Cupping an elbow to escort Lightly grabbing an arm or shoulder

bull AIMING WEAPON113

Aiming WeaponFinger OFF

Trigger

114

HARD PHYSICAL TECHNIQUES

bull Limb Control Techniquesbull Takedown Ground Stabilizationbull Dynamic Countermeasuresbull Impact Techniquesbull Electrical Devicesbull Hand held impact weapons bull Specialty Impact Munitions

115

Firing the Weapon116

DEADLY FORCE

bull Impact Weaponsbull SIM ndash Changing Aiming Point

bull Neck Restraintbull Firearm

117

Transitioning to

firearm

118

Chapter 8

Documentation

Documentationbull Collect all munitions expended and photographed when practical

ndashEvery CasingndashMark Misfired or Damaged rounds 120

Documentation

bull An inventory of munitions used and not used should be noted

ndashWhat was issued and went out

ndashWhat was fired and misfiredndashWhat was lost and not recovered 121

Documentation

bull A report should be written detailing the order in which the events occurred and the police actions that were required

122

Documentation

bull Report the effectiveness of the various types of SIMrsquos and their delivery systems

ndashWhat did I fire that didnrsquot

ndashWhat did I fire that did123

Documentationbull Document any injuries sustained and property damage incurred

ndashInjuries to SubjectndashOfficersndashBystanders

124

Documentationbull After the crowd has dispersed it

is necessary to move rapidly into the target area to remove lingering groups and to prevent the crowd from regrouping and continuing illegal activity

ndashFollow ThroughndashSecuring the Area

125

LIABILITY ISSUES

The court will decide whether the actions of the officers were

(1)Consistent with the limits set forth by the constitution federal and state laws

(2)Consistent with departmental policy and procedures

(3)Consistent with training the officer received to handle such situations

126

5 Important Questions to ASK

bull What was the distance angle and elevation

bull What was the construction of the round used

bull What was the size of the subjectbull What was the expected point of impactbull What was the training of the shooter

127

Questions the Court will ASK

(1) Look at the conduct of other officers who were present andor participated in the actions

(2) The conduct of supervisors who may have authorized the actions of officers

128

Questions the Court will ASK

(1) Were the actions of the officers consistent with their training

(2) Was the training adequate and acceptable by contemporary standards

If the officers were not trained does it amountto deliberate indifference on the part of the

agency 129

Was the actions of the officer

bull A trained techniquebull Was it a dynamic application of

the trained techniquebull Was it an untrained technique

justified under the circumstances

130

Case Law

Know your laws

Graham v Connor 490 US 386 (1989)

a The US Supreme Court case that defined the standard under which excessive force claims would be judged

(1) The standard established was that of objective reasonableness(2) Prior to this the standard was police behavior that shocks the conscienceldquo

bIn this case the court redefined and set forth a less subjective standard

132Copyrighted by Dave Young

1990

City of Canton v Harris 489 US 378 109 S Ct 1197 (1989)

a In this case a woman was arrested and did not receive necessary medical attention after a shift commander was made aware of her condition and decided she did not need medical attention

b Although on the face the City of Canton policy addressed medical issues they were grossly negligent in that they did not provide the shift commanders with the proper training to make such decisions 133

Copyrighted by Dave Young 1990

City of Canton v Harris 489 US 378 109 S Ct 1197 (1989)

c There were many issues that emerged from this case however the primary issue was that of failure to train on the part of the city That negligence amounted to being deliberately in different to the rights of the plaintiff

The implications of Canton v Harris can also go beyond training issues however the burden of proving the Standard of deliberate indifference is on the plaintiff and not easy to prove

d Court Recommendation The duties that officers are assigned to perform must be accompanied with adequate training to perform that function

134Copyrighted by Dave Young

1990

ONeal v DeKalb County GA 850 F2d 653 (11th Cir 1988)

a A mental subject stabbed 7 people before being confronted by the police After repeatedly ordering the subject to drop the knife and lay on the floor the subject rushed the officers and was shot to death

b The court ruled that the use of deadly force instead of non-lethal force against a knife wielding suspect was not malicious or unreasonable therefore not actionable by the plaintiffs

135Copyrighted by Dave Young

1990

Plakas v Drinski 19 F3rd 1143 (7th Cir 1994) cert Denied 115 S Ct 81 (1994)

This case involved the shooting of a suspect who was

wielding a fire poker When the officer attempted to

arrest him he charged the officer with the fire poker and

was shot by police

(1)Plaintiffs who sued on behalf of the deceased claimed the officer did not use other means of force available to him at that time listing disabling chemical spray a police dog and distance

136Copyrighted by Dave Young

1990

Plakas v Drinski 19 F3rd 1143 (7th Cir 1994) cert Denied 115 SCt 81 (1994)

(2) The court stated ldquothat to permit every jury in this type of case to hear expert testimony that the defendant would have been uninjured if only the police had been able to use disabling gas or a capture net or a electrical device

(a)A municipality is liable because it failed to buy this equipment

(b)The Constitution does not enact a police administratorrsquos

equipment listlsquordquo

(c) The court ruled that there is no legal precedent that requires an officer to utilize alternatives to deadly force

137Copyrighted by Dave Young

1990

Davis v Mason County 927 F2d 1473 (9th Cir 1991)

aThe court ruled that the department had adequate training on the technical components of the use of force but did not have adequate training on the constitutional limits of the use of force in effecting arrests

138Copyrighted by Dave Young

1990

Davis v Mason County 927 F2d 1473 (9th Cir 1991)

b In other words the officers were trained on the how but not on the why and when the force is appropriate

c Court Recommendation Training should include confrontational scenarios of situations that require decision making then articulation by the officer as to the justification for the force used or not used

139Copyrighted by Dave Young

1990

Quezada v County of Bernalillo 944 F2d 710 (10th Cir 1991)

a The court ruled that an officer might be held liable for putting himself in a situation that requires him to use deadly force against an armed suicidal person

b This case involved an officer who left a position of cover to confront a suicidal subject

140Copyrighted by Dave Young

1990

141

Dave YoungFounder amp Director

ARMA Training

Website wwwarmatrainingcom772-913-1615

copyrighted by Dave Young 1994

First Sectionbull Take a 10 Minute Breakbull Restroombull Drinkbull Food

What makes a Good System

Legally Soundness (Meaning Course content is Review for Courtroom Testimony by Lawyers)

Medical Soundness (Meaning Course content is Reviewed by Licensed Doctors)

Tactical Soundness (Meaning Course content is Reviewed by sworn police officers and supported Field Proven Techniques)

Introduction to ARMA

bull ARMA Training Conducts over 70 different training programs both domestically and internationally at various satellite locations throughout the world

Unique Training Methods and Partners

bull Focuses on Technical needed for Product Liability amp Tactical Information Needed for Street Application on Field Proven Strategies Conducts Basic Instructor or Master Level Courses Represents Over 45 Different Companies

Special Partnershipbull Northwest Technical Collegebull Located in Green Bay WIbull All programs are state certified

through a higher learning of education

Chapter 1

History of Specialty Impact Munitions

31

H istory of Specia lty Im pact M un itions

CorrectionsS pecia l C ircum stances

D C TS O R T

Law EnforcementP atro lS W AT

C row d M anagem ent

MilitaryM Ilitary Po lice

S R TC iv il D istu rbance

Specialty Im pact M unitions

>

Kalimba

Mr Scruff

Ninja Tuna track 1

2008

Electronic

34808167

eng - Ninja Tune Records

- Ninja Tune Records

Correctional Use Cell Extraction Special Circumstances (Suicide by Inmate) Covering Chemical Munitions Regaining controlled areas Escorting Inmates Protecting Officers or Formations Protecting the perimeter Protecting Property

32

Law Enforcement Use Individual Targeted Subjects Special Circumstances (Suicide by Cop-

Standoff) Covering Chemical Munitions Regaining controlled areas Special Escorting Details Protecting Officers or Formations Protecting the Perimeter Protecting Property

33

Military Use Individual Targeted Subjects Special Circumstances (Suicide by Cop-Standoff) Covering Chemical Munitions Regaining controlled areas Humanitarian Missions Special Escorting Details Protecting Officers or Formations Protecting the perimeter Protecting Property

34

P O L I C E L I N E

35

Weapon Delivery Zones in Feet

Z O N E 1

Z O N E 3

Z O N E 2

Z O N E 4

Z O N E 5

Serious Threat

Intermediate Threat

Potential Threat

Possible Threat

Unlikely Threat

0 10

10 50

50 100

150100

150 200

Justification of SIM Use

Covering Chemical Munitions

Protecting Formations

Protecting Life and Property

36

Powder Delivery Systems

bull Black Powder ndash Advantages

bullCost EffectivebullMore Rounds AvailablebullCan ONLY be fired in 37MM

37

Powder Delivery Systemsbull Black Powder ndash Disadvantages

bullMost Corrosive to weaponbull Increased Malfunction possibility

bullGive Shooters position awaybullLeast accurate munitions

38

Powder Delivery Systems

bull Smokeless Black Powder ndash Advantages

bullLeast Corrosive to weaponbullReduced Malfunction possibility

bullConceals Shooters position bullMost accurate munitions

39

Powder Delivery Systems

bull Smokeless Powder ndash Disadvantages

bullMost costly munitions

40

Casing Sizes

bull 37MM ndash Usually 8 inch in length Black Powder

bull 3740MM ndash Usually 55 inch in length

Black Powder or Smokeless

bull 40MM ndash Usually 48 in in length Smokeless Powder

41

Chapter 2

Classifications of Specialty Impact Munitions

Classifications of SIM Rounds

43

Low Energy VS High Energy Only need one of both

bull Weatherbull Distance from threat

bull Terrain

Low Energybull Designed to deliver minimal energy to cause slight physical discomfort for pain compliance or mental distraction

44

High Energybull Designed to deliver enough energy to inflict blunt trauma to cause greater physical discomfort and possible incapacitation

45

Low Energy Roundsbull 37MM or 40MM Multiple Rubber

Balls (32 or 60 caliber) or Stinger Ball

bull 37MM or 40MM Multiple Foam Baton bull 40MM Spin Stabilized FoamSponge

Roundbull 12 Gauge Rubber Pellets ndash Marked

Low Velocity 46

47

3132 Caliber Stinger BallsAdditional Information

37mm or 40MM

Black Powder or Smokeless

3132 Caliber Ball (approx)

55 or 8 inch casings

48

4560 Cal Rubber Balls

Additional Information

3740MM

Approx 24 Rubber Balls

Average 325 FPS

49

Foam Baton Rounds

Additional Information 37mm or 40MM Black Powder or Smokeless 35 baton rounds - 55 or 8 inch casings

50

40MM Spin Stabilized Foam Rounds

Additional Information

40MM Sponge Round Smokeless Delivery System

48 inch casings Most accurate round to date Most reliable round

51

Hit with 40MM Spin Stabilized Round 45 feet from Barrel

Notice no rip or tear in clothing

52

Hit with 40 MM Sponge Round 30 feet from Barrel

Within 3 days of being hit

1 hours after being hit

Shooter Sgt Don WeiderLexington SCSheriffrsquos Office

53

Stinger Balls Additional Information

CS ndash CN Powder Filled Launched or Thrown 31 Caliber (approximately 180

RBrsquos)

15 Sec Time delay

54

12 Gauge Rubber Pellets

Description - Cartridge 12ga Sting Balltradereg

Type - Multiple Projectile Rubber Pellets

Velocity - 400 ftsec (Avg) Maximum Effective Range - 50 feetProjectiles - 18 (average)

High Energy Rounds 37 or 40MM Multiple Wooded Baton 37 or 40MM Multiple Rubber Baton 37 or 40MM Bean Bag round 40MM Spin Stabilized FoamSponge

Round 12 Gauge Single 4560 Cal Ball Round 12 Gauge Bean Bag Round

55

56

3740 MM Wooded Baton Rounds

3740 MM

55 or 8 Inch Casings

BlackSmokeless Powder

35 Baton Rounds

57

3740 MM Interlocking Rubber Baton

3740 MM

55 or 8 Inch Casings

BlackSmokeless Powder

35 Baton Rounds

58

3740 MM Mono Rubber Baton

3740 MM

55 or 8 Inch Casings

BlackSmokeless Powder

Single Baton Round

59

3740 MM Pen-Prevent or Super ldquoSOCrdquo Bean Bag Round

Additional Information

Black PowderSmokeless

Glass BeadsSilica Sand Lead Pelts

Aerodynamic or Non-Aerodynamic

60

40MM Spin Stabilized Foam Rounds

Additional Information 40MM Sponge Round Smokeless Delivery System 48 inch casing Most accurate round to date Special Nylon Casing

Only round which can be

effectively fired in all 5 ZONES

61

12 Gauge High Velocity - Rubber Pellets

Description - Cartridge 12ga Sting Balltrade HVreg

Type - Multiple Projectile Rubber Pellets

Velocity - 900 ftsec (Avg) Maximum Effective Range - 60 feet

Projectiles - 18 (average)

62

12 Gauge High Velocity - Tri-Dent 3 Rubber Ball

Description - Cartridge 12ga Sting Balltrade HVreg

Type - Multiple Projectile Rubber Balls

Velocity - 900 ftsec (Avg) Maximum Effective Range - 60 feet

Projectiles - 3

63

12 Gauge ldquoPen Preventrdquo Bean Bag Round

bull Projectile Weight - 40 gmbull Material - Shot filled Ballistic Fiber Reinforced flexible sock

bull Terminal Velocity - 280 fps (average) at 10 yardsreg

bull Accuracy - 4rdquo or better at 40 yards using a cylinder bore Remington 870

64

Categories of Rounds bull Flexible ndash Generally conforms to

surface it hits

bull Non-Flexible - Generally doesnrsquot conforms to surface it hits

bull Ridged ndash Generally shatters or bounces off surface it comes into contact with

65

Chapter 3

Angles of Fire

Angles of Fire Defined as the

aiming point with a

designated round for maximum accuracy

67

Direct Angle bull Direct ndash Directly aimed into the target area

68

TARGET

Indirect Anglebull Indirect ndash Skipped into the target area (Usually 3-6 feet based on terrain)

69

TARGET

Low Angle

bull Low Angle ndash Aimed just outside of point of aim point of impact distance

70

TARGET

High Angle

bull High Angle ndash Aimed in a high arch into target area

71

TARGET

Chapter 4

Cause and Effect

Cause amp Effect of Rounds

bull Mental - Discuss

bull Physical - Discuss

73

Mental Effectsbull Specialty Impact Munitions have a

tremendous MENTAL effect on an individual In many cases the mental effects may far outweigh the physical effects and be the determining factor in the subjectrsquos response or time of incapacitation or distraction ldquoA fear of being shotrdquo

74

Anxietybull The action of pointing a firearm directly at

an individual andor actually firing a projectile

bull The pain and at times the appearance of

the injury may reinforce this belief

bull Instructor Note Can be addressed through training

75

Fearbull Arouses connotations and a fear of having been

shot with a firearm SIMS may cause a powerful mental distraction

bull Mentally the subject must cope with the physiological pain that the body feels

bull Instructor Note Can be addressed through personal experience

76

Panicbull Panic is not a desirable response due to having

less control of the subject or crowd

bull The impact is likely to create fear which may create a fight or flight response

bull Crowds may scatter rendering the intended escape route useless

bull Instructor Note LEAST DESIREABLE RESPONSE

77

Chapter 5

Primary vs Secondary Injuries

Primary vs Secondary Injury

Primary Injury

bull An injury directly caused by the use of force tool use

80

Secondary Injurybull An injury indirectly caused by

the use of force tool use

bull Either from resistance from subject or another officer and or environmental surroundings

81

Flight of a projectile

bull Once leaving barrel seeks equal weight distribution ndash Pan Cakes Saucer Spin

bull Head Wind ndash Round May Dive or Risebull Tail Wind ndash Round may Float or Cork

Screwbull Cross Wind ndash ldquoJrdquo Turn

82

Projectile CalculationWhen the distance of the target

INCREASES it effects

Velocity + Accuracy + Impact = Injury

83

Projectile CalculationWhen the distance of the target

DECREASES it effects

Velocity + Accuracy + Impact = Injury

84

Chapter 6

Target areas when using SIM

Blunt Trauma vs

Penetration Trauma

Blunt Traumabull The MAXIMUM desired effect of an impact munitions is

BLUNT TRAUMA - an impact from an object that leaves the body surface intact but may cause sufficient (non-life threatening) injury to distract control or incapacitate the subject

Stinger Round Injury

Pepperball Injury

Stinger Round Injury87

Types of Blunt Trauma Injuries

bull Abrasions - Skimming the surface skin area

bull Contusions - Injury to the brain

bull Lacerations - Partially hitting the skin surface from the side cutting the surface

88

Continued Blunt Trauma Injuriesbull Fractures - Primary injury when

munition strikes target are directly

bull Secondary injury when munitions strikes target area and causes the body to fall striking another surface indirectly

bull Concussion - Glancing blows or missed target or Falling or collapsing of the subject 89

Penetration Traumabull The unintended and most

undesirable outcome of an SIMS is penetration

bull SIMrsquos can cause Death or serious bodily injury

90

PenetrationPuncture ndash Entering the body

at arsquo90 degree angle breaking

thesurface of the skin

91

Target Areas

Unable to use a striking color baton chart

because the chart was used to identify areas of the body for impact and

injuries for striking a human which is MUCH less

force then deploying Specially Impact

Munitions92

Meat amp Muscle Areas

bull Primary target areas that when striking the human body will cause mild to intense pain with NO LONG LASTING INJURY

93

Primary Target Area ndash the target area

consisting of large muscle groupsbull Buttocks bull Thigh amp Calvesbull Lower Abdominal Areabull BicepsTricepsbull Forearm area

94

Meat amp Bone Areasbull Secondary target areas that when striking the human body will cause mild to intense pain with MINOR to LONG LASTING INJURY

95

Secondary target areas are skeletal areas ndash

preferred - may result in fractures

bull Shoulderbull Kneesbull Anklesbull Wrists bull Elbows

96

Bone amp Sensitive Areasbull Last resort target areas that when

striking the human body will cause intense pain with long lasting injury which MAY RESULT IN SERIOUS BODILY HARM WHICH MAY RESULT IN DEATH

97

Last Resort Target Area ndash the target area when

maximum effectiveness is desired to meet a level of

threat escalating to deadly force justification

bull Head amp Throatbull Chest (center mass)bull Solar plexusbull Groinbull Spinebull Lower back

98

99

100

Clothing

1 In colder climates where heavier clothing and jackets are worn rounds with higher energy capabilities will be required

2 In a case where the subject is lightly dressed pay close attention to munitions selection shot placement and engagement distance

3 In detention facilities and during civil disturbances the subjects may pad themselves in order to defeat the effects of SIM

101

Physical Stature and Condition ndash Is the subject heavy musculature or thin and skeletal age

1 250-pound muscular individual will more than likely be physiologically effected less than a 100-pound individual when both are struck in the sametarget area by SIM

2 The blunt trauma effects and the potential for penetration are much greater for the smallerperson 102

37MM Foam Baton-15 feet=WHOHOW12 ga Rubber Pellets HV- 22 feet= WHOHOW40MM Bean Bag-34 feet=WHOHOW

213

90 to 140 lbs 131 to 185 lbs 186 to 220 lbs (220 to 350+)

103

Immediate Surroundings 1Is there any person in the immediate area who

maybe at risk of a deflected or missed shot

2Identify your target backstop and beyond

104

Chapter 7

Intervention Options

THE FORCE CONTINUUM ndash WHEN TO USE SIMrsquos

bull Ladder of Forcebull Force Continuumbull Circle of Forcebull Force Modularbull Escalation of Force

106

107

OFFICER PRESENCE

bull Uniform Badge bull Dedicated Weapon Displayed

bull On a Slingbull Port Arms bull Ready Carry Position

108

Presence

109

Verbal Commands

bull Please stand over there bull Please sit down on the chairbull Stop put your hands downbull Ending with ldquoDo it nowrdquobull Professional Tone amp Attitude

110

NON-Verbal

111

Verbalization

112

SOFT PHYSICAL TECHNIQUES

bull Slight touching or guiding contact

bull Cupping an elbow to escort Lightly grabbing an arm or shoulder

bull AIMING WEAPON113

Aiming WeaponFinger OFF

Trigger

114

HARD PHYSICAL TECHNIQUES

bull Limb Control Techniquesbull Takedown Ground Stabilizationbull Dynamic Countermeasuresbull Impact Techniquesbull Electrical Devicesbull Hand held impact weapons bull Specialty Impact Munitions

115

Firing the Weapon116

DEADLY FORCE

bull Impact Weaponsbull SIM ndash Changing Aiming Point

bull Neck Restraintbull Firearm

117

Transitioning to

firearm

118

Chapter 8

Documentation

Documentationbull Collect all munitions expended and photographed when practical

ndashEvery CasingndashMark Misfired or Damaged rounds 120

Documentation

bull An inventory of munitions used and not used should be noted

ndashWhat was issued and went out

ndashWhat was fired and misfiredndashWhat was lost and not recovered 121

Documentation

bull A report should be written detailing the order in which the events occurred and the police actions that were required

122

Documentation

bull Report the effectiveness of the various types of SIMrsquos and their delivery systems

ndashWhat did I fire that didnrsquot

ndashWhat did I fire that did123

Documentationbull Document any injuries sustained and property damage incurred

ndashInjuries to SubjectndashOfficersndashBystanders

124

Documentationbull After the crowd has dispersed it

is necessary to move rapidly into the target area to remove lingering groups and to prevent the crowd from regrouping and continuing illegal activity

ndashFollow ThroughndashSecuring the Area

125

LIABILITY ISSUES

The court will decide whether the actions of the officers were

(1)Consistent with the limits set forth by the constitution federal and state laws

(2)Consistent with departmental policy and procedures

(3)Consistent with training the officer received to handle such situations

126

5 Important Questions to ASK

bull What was the distance angle and elevation

bull What was the construction of the round used

bull What was the size of the subjectbull What was the expected point of impactbull What was the training of the shooter

127

Questions the Court will ASK

(1) Look at the conduct of other officers who were present andor participated in the actions

(2) The conduct of supervisors who may have authorized the actions of officers

128

Questions the Court will ASK

(1) Were the actions of the officers consistent with their training

(2) Was the training adequate and acceptable by contemporary standards

If the officers were not trained does it amountto deliberate indifference on the part of the

agency 129

Was the actions of the officer

bull A trained techniquebull Was it a dynamic application of

the trained techniquebull Was it an untrained technique

justified under the circumstances

130

Case Law

Know your laws

Graham v Connor 490 US 386 (1989)

a The US Supreme Court case that defined the standard under which excessive force claims would be judged

(1) The standard established was that of objective reasonableness(2) Prior to this the standard was police behavior that shocks the conscienceldquo

bIn this case the court redefined and set forth a less subjective standard

132Copyrighted by Dave Young

1990

City of Canton v Harris 489 US 378 109 S Ct 1197 (1989)

a In this case a woman was arrested and did not receive necessary medical attention after a shift commander was made aware of her condition and decided she did not need medical attention

b Although on the face the City of Canton policy addressed medical issues they were grossly negligent in that they did not provide the shift commanders with the proper training to make such decisions 133

Copyrighted by Dave Young 1990

City of Canton v Harris 489 US 378 109 S Ct 1197 (1989)

c There were many issues that emerged from this case however the primary issue was that of failure to train on the part of the city That negligence amounted to being deliberately in different to the rights of the plaintiff

The implications of Canton v Harris can also go beyond training issues however the burden of proving the Standard of deliberate indifference is on the plaintiff and not easy to prove

d Court Recommendation The duties that officers are assigned to perform must be accompanied with adequate training to perform that function

134Copyrighted by Dave Young

1990

ONeal v DeKalb County GA 850 F2d 653 (11th Cir 1988)

a A mental subject stabbed 7 people before being confronted by the police After repeatedly ordering the subject to drop the knife and lay on the floor the subject rushed the officers and was shot to death

b The court ruled that the use of deadly force instead of non-lethal force against a knife wielding suspect was not malicious or unreasonable therefore not actionable by the plaintiffs

135Copyrighted by Dave Young

1990

Plakas v Drinski 19 F3rd 1143 (7th Cir 1994) cert Denied 115 S Ct 81 (1994)

This case involved the shooting of a suspect who was

wielding a fire poker When the officer attempted to

arrest him he charged the officer with the fire poker and

was shot by police

(1)Plaintiffs who sued on behalf of the deceased claimed the officer did not use other means of force available to him at that time listing disabling chemical spray a police dog and distance

136Copyrighted by Dave Young

1990

Plakas v Drinski 19 F3rd 1143 (7th Cir 1994) cert Denied 115 SCt 81 (1994)

(2) The court stated ldquothat to permit every jury in this type of case to hear expert testimony that the defendant would have been uninjured if only the police had been able to use disabling gas or a capture net or a electrical device

(a)A municipality is liable because it failed to buy this equipment

(b)The Constitution does not enact a police administratorrsquos

equipment listlsquordquo

(c) The court ruled that there is no legal precedent that requires an officer to utilize alternatives to deadly force

137Copyrighted by Dave Young

1990

Davis v Mason County 927 F2d 1473 (9th Cir 1991)

aThe court ruled that the department had adequate training on the technical components of the use of force but did not have adequate training on the constitutional limits of the use of force in effecting arrests

138Copyrighted by Dave Young

1990

Davis v Mason County 927 F2d 1473 (9th Cir 1991)

b In other words the officers were trained on the how but not on the why and when the force is appropriate

c Court Recommendation Training should include confrontational scenarios of situations that require decision making then articulation by the officer as to the justification for the force used or not used

139Copyrighted by Dave Young

1990

Quezada v County of Bernalillo 944 F2d 710 (10th Cir 1991)

a The court ruled that an officer might be held liable for putting himself in a situation that requires him to use deadly force against an armed suicidal person

b This case involved an officer who left a position of cover to confront a suicidal subject

140Copyrighted by Dave Young

1990

141

Dave YoungFounder amp Director

ARMA Training

Website wwwarmatrainingcom772-913-1615

copyrighted by Dave Young 1994

What makes a Good System

Legally Soundness (Meaning Course content is Review for Courtroom Testimony by Lawyers)

Medical Soundness (Meaning Course content is Reviewed by Licensed Doctors)

Tactical Soundness (Meaning Course content is Reviewed by sworn police officers and supported Field Proven Techniques)

Introduction to ARMA

bull ARMA Training Conducts over 70 different training programs both domestically and internationally at various satellite locations throughout the world

Unique Training Methods and Partners

bull Focuses on Technical needed for Product Liability amp Tactical Information Needed for Street Application on Field Proven Strategies Conducts Basic Instructor or Master Level Courses Represents Over 45 Different Companies

Special Partnershipbull Northwest Technical Collegebull Located in Green Bay WIbull All programs are state certified

through a higher learning of education

Chapter 1

History of Specialty Impact Munitions

31

H istory of Specia lty Im pact M un itions

CorrectionsS pecia l C ircum stances

D C TS O R T

Law EnforcementP atro lS W AT

C row d M anagem ent

MilitaryM Ilitary Po lice

S R TC iv il D istu rbance

Specialty Im pact M unitions

>

Kalimba

Mr Scruff

Ninja Tuna track 1

2008

Electronic

34808167

eng - Ninja Tune Records

- Ninja Tune Records

Correctional Use Cell Extraction Special Circumstances (Suicide by Inmate) Covering Chemical Munitions Regaining controlled areas Escorting Inmates Protecting Officers or Formations Protecting the perimeter Protecting Property

32

Law Enforcement Use Individual Targeted Subjects Special Circumstances (Suicide by Cop-

Standoff) Covering Chemical Munitions Regaining controlled areas Special Escorting Details Protecting Officers or Formations Protecting the Perimeter Protecting Property

33

Military Use Individual Targeted Subjects Special Circumstances (Suicide by Cop-Standoff) Covering Chemical Munitions Regaining controlled areas Humanitarian Missions Special Escorting Details Protecting Officers or Formations Protecting the perimeter Protecting Property

34

P O L I C E L I N E

35

Weapon Delivery Zones in Feet

Z O N E 1

Z O N E 3

Z O N E 2

Z O N E 4

Z O N E 5

Serious Threat

Intermediate Threat

Potential Threat

Possible Threat

Unlikely Threat

0 10

10 50

50 100

150100

150 200

Justification of SIM Use

Covering Chemical Munitions

Protecting Formations

Protecting Life and Property

36

Powder Delivery Systems

bull Black Powder ndash Advantages

bullCost EffectivebullMore Rounds AvailablebullCan ONLY be fired in 37MM

37

Powder Delivery Systemsbull Black Powder ndash Disadvantages

bullMost Corrosive to weaponbull Increased Malfunction possibility

bullGive Shooters position awaybullLeast accurate munitions

38

Powder Delivery Systems

bull Smokeless Black Powder ndash Advantages

bullLeast Corrosive to weaponbullReduced Malfunction possibility

bullConceals Shooters position bullMost accurate munitions

39

Powder Delivery Systems

bull Smokeless Powder ndash Disadvantages

bullMost costly munitions

40

Casing Sizes

bull 37MM ndash Usually 8 inch in length Black Powder

bull 3740MM ndash Usually 55 inch in length

Black Powder or Smokeless

bull 40MM ndash Usually 48 in in length Smokeless Powder

41

Chapter 2

Classifications of Specialty Impact Munitions

Classifications of SIM Rounds

43

Low Energy VS High Energy Only need one of both

bull Weatherbull Distance from threat

bull Terrain

Low Energybull Designed to deliver minimal energy to cause slight physical discomfort for pain compliance or mental distraction

44

High Energybull Designed to deliver enough energy to inflict blunt trauma to cause greater physical discomfort and possible incapacitation

45

Low Energy Roundsbull 37MM or 40MM Multiple Rubber

Balls (32 or 60 caliber) or Stinger Ball

bull 37MM or 40MM Multiple Foam Baton bull 40MM Spin Stabilized FoamSponge

Roundbull 12 Gauge Rubber Pellets ndash Marked

Low Velocity 46

47

3132 Caliber Stinger BallsAdditional Information

37mm or 40MM

Black Powder or Smokeless

3132 Caliber Ball (approx)

55 or 8 inch casings

48

4560 Cal Rubber Balls

Additional Information

3740MM

Approx 24 Rubber Balls

Average 325 FPS

49

Foam Baton Rounds

Additional Information 37mm or 40MM Black Powder or Smokeless 35 baton rounds - 55 or 8 inch casings

50

40MM Spin Stabilized Foam Rounds

Additional Information

40MM Sponge Round Smokeless Delivery System

48 inch casings Most accurate round to date Most reliable round

51

Hit with 40MM Spin Stabilized Round 45 feet from Barrel

Notice no rip or tear in clothing

52

Hit with 40 MM Sponge Round 30 feet from Barrel

Within 3 days of being hit

1 hours after being hit

Shooter Sgt Don WeiderLexington SCSheriffrsquos Office

53

Stinger Balls Additional Information

CS ndash CN Powder Filled Launched or Thrown 31 Caliber (approximately 180

RBrsquos)

15 Sec Time delay

54

12 Gauge Rubber Pellets

Description - Cartridge 12ga Sting Balltradereg

Type - Multiple Projectile Rubber Pellets

Velocity - 400 ftsec (Avg) Maximum Effective Range - 50 feetProjectiles - 18 (average)

High Energy Rounds 37 or 40MM Multiple Wooded Baton 37 or 40MM Multiple Rubber Baton 37 or 40MM Bean Bag round 40MM Spin Stabilized FoamSponge

Round 12 Gauge Single 4560 Cal Ball Round 12 Gauge Bean Bag Round

55

56

3740 MM Wooded Baton Rounds

3740 MM

55 or 8 Inch Casings

BlackSmokeless Powder

35 Baton Rounds

57

3740 MM Interlocking Rubber Baton

3740 MM

55 or 8 Inch Casings

BlackSmokeless Powder

35 Baton Rounds

58

3740 MM Mono Rubber Baton

3740 MM

55 or 8 Inch Casings

BlackSmokeless Powder

Single Baton Round

59

3740 MM Pen-Prevent or Super ldquoSOCrdquo Bean Bag Round

Additional Information

Black PowderSmokeless

Glass BeadsSilica Sand Lead Pelts

Aerodynamic or Non-Aerodynamic

60

40MM Spin Stabilized Foam Rounds

Additional Information 40MM Sponge Round Smokeless Delivery System 48 inch casing Most accurate round to date Special Nylon Casing

Only round which can be

effectively fired in all 5 ZONES

61

12 Gauge High Velocity - Rubber Pellets

Description - Cartridge 12ga Sting Balltrade HVreg

Type - Multiple Projectile Rubber Pellets

Velocity - 900 ftsec (Avg) Maximum Effective Range - 60 feet

Projectiles - 18 (average)

62

12 Gauge High Velocity - Tri-Dent 3 Rubber Ball

Description - Cartridge 12ga Sting Balltrade HVreg

Type - Multiple Projectile Rubber Balls

Velocity - 900 ftsec (Avg) Maximum Effective Range - 60 feet

Projectiles - 3

63

12 Gauge ldquoPen Preventrdquo Bean Bag Round

bull Projectile Weight - 40 gmbull Material - Shot filled Ballistic Fiber Reinforced flexible sock

bull Terminal Velocity - 280 fps (average) at 10 yardsreg

bull Accuracy - 4rdquo or better at 40 yards using a cylinder bore Remington 870

64

Categories of Rounds bull Flexible ndash Generally conforms to

surface it hits

bull Non-Flexible - Generally doesnrsquot conforms to surface it hits

bull Ridged ndash Generally shatters or bounces off surface it comes into contact with

65

Chapter 3

Angles of Fire

Angles of Fire Defined as the

aiming point with a

designated round for maximum accuracy

67

Direct Angle bull Direct ndash Directly aimed into the target area

68

TARGET

Indirect Anglebull Indirect ndash Skipped into the target area (Usually 3-6 feet based on terrain)

69

TARGET

Low Angle

bull Low Angle ndash Aimed just outside of point of aim point of impact distance

70

TARGET

High Angle

bull High Angle ndash Aimed in a high arch into target area

71

TARGET

Chapter 4

Cause and Effect

Cause amp Effect of Rounds

bull Mental - Discuss

bull Physical - Discuss

73

Mental Effectsbull Specialty Impact Munitions have a

tremendous MENTAL effect on an individual In many cases the mental effects may far outweigh the physical effects and be the determining factor in the subjectrsquos response or time of incapacitation or distraction ldquoA fear of being shotrdquo

74

Anxietybull The action of pointing a firearm directly at

an individual andor actually firing a projectile

bull The pain and at times the appearance of

the injury may reinforce this belief

bull Instructor Note Can be addressed through training

75

Fearbull Arouses connotations and a fear of having been

shot with a firearm SIMS may cause a powerful mental distraction

bull Mentally the subject must cope with the physiological pain that the body feels

bull Instructor Note Can be addressed through personal experience

76

Panicbull Panic is not a desirable response due to having

less control of the subject or crowd

bull The impact is likely to create fear which may create a fight or flight response

bull Crowds may scatter rendering the intended escape route useless

bull Instructor Note LEAST DESIREABLE RESPONSE

77

Chapter 5

Primary vs Secondary Injuries

Primary vs Secondary Injury

Primary Injury

bull An injury directly caused by the use of force tool use

80

Secondary Injurybull An injury indirectly caused by

the use of force tool use

bull Either from resistance from subject or another officer and or environmental surroundings

81

Flight of a projectile

bull Once leaving barrel seeks equal weight distribution ndash Pan Cakes Saucer Spin

bull Head Wind ndash Round May Dive or Risebull Tail Wind ndash Round may Float or Cork

Screwbull Cross Wind ndash ldquoJrdquo Turn

82

Projectile CalculationWhen the distance of the target

INCREASES it effects

Velocity + Accuracy + Impact = Injury

83

Projectile CalculationWhen the distance of the target

DECREASES it effects

Velocity + Accuracy + Impact = Injury

84

Chapter 6

Target areas when using SIM

Blunt Trauma vs

Penetration Trauma

Blunt Traumabull The MAXIMUM desired effect of an impact munitions is

BLUNT TRAUMA - an impact from an object that leaves the body surface intact but may cause sufficient (non-life threatening) injury to distract control or incapacitate the subject

Stinger Round Injury

Pepperball Injury

Stinger Round Injury87

Types of Blunt Trauma Injuries

bull Abrasions - Skimming the surface skin area

bull Contusions - Injury to the brain

bull Lacerations - Partially hitting the skin surface from the side cutting the surface

88

Continued Blunt Trauma Injuriesbull Fractures - Primary injury when

munition strikes target are directly

bull Secondary injury when munitions strikes target area and causes the body to fall striking another surface indirectly

bull Concussion - Glancing blows or missed target or Falling or collapsing of the subject 89

Penetration Traumabull The unintended and most

undesirable outcome of an SIMS is penetration

bull SIMrsquos can cause Death or serious bodily injury

90

PenetrationPuncture ndash Entering the body

at arsquo90 degree angle breaking

thesurface of the skin

91

Target Areas

Unable to use a striking color baton chart

because the chart was used to identify areas of the body for impact and

injuries for striking a human which is MUCH less

force then deploying Specially Impact

Munitions92

Meat amp Muscle Areas

bull Primary target areas that when striking the human body will cause mild to intense pain with NO LONG LASTING INJURY

93

Primary Target Area ndash the target area

consisting of large muscle groupsbull Buttocks bull Thigh amp Calvesbull Lower Abdominal Areabull BicepsTricepsbull Forearm area

94

Meat amp Bone Areasbull Secondary target areas that when striking the human body will cause mild to intense pain with MINOR to LONG LASTING INJURY

95

Secondary target areas are skeletal areas ndash

preferred - may result in fractures

bull Shoulderbull Kneesbull Anklesbull Wrists bull Elbows

96

Bone amp Sensitive Areasbull Last resort target areas that when

striking the human body will cause intense pain with long lasting injury which MAY RESULT IN SERIOUS BODILY HARM WHICH MAY RESULT IN DEATH

97

Last Resort Target Area ndash the target area when

maximum effectiveness is desired to meet a level of

threat escalating to deadly force justification

bull Head amp Throatbull Chest (center mass)bull Solar plexusbull Groinbull Spinebull Lower back

98

99

100

Clothing

1 In colder climates where heavier clothing and jackets are worn rounds with higher energy capabilities will be required

2 In a case where the subject is lightly dressed pay close attention to munitions selection shot placement and engagement distance

3 In detention facilities and during civil disturbances the subjects may pad themselves in order to defeat the effects of SIM

101

Physical Stature and Condition ndash Is the subject heavy musculature or thin and skeletal age

1 250-pound muscular individual will more than likely be physiologically effected less than a 100-pound individual when both are struck in the sametarget area by SIM

2 The blunt trauma effects and the potential for penetration are much greater for the smallerperson 102

37MM Foam Baton-15 feet=WHOHOW12 ga Rubber Pellets HV- 22 feet= WHOHOW40MM Bean Bag-34 feet=WHOHOW

213

90 to 140 lbs 131 to 185 lbs 186 to 220 lbs (220 to 350+)

103

Immediate Surroundings 1Is there any person in the immediate area who

maybe at risk of a deflected or missed shot

2Identify your target backstop and beyond

104

Chapter 7

Intervention Options

THE FORCE CONTINUUM ndash WHEN TO USE SIMrsquos

bull Ladder of Forcebull Force Continuumbull Circle of Forcebull Force Modularbull Escalation of Force

106

107

OFFICER PRESENCE

bull Uniform Badge bull Dedicated Weapon Displayed

bull On a Slingbull Port Arms bull Ready Carry Position

108

Presence

109

Verbal Commands

bull Please stand over there bull Please sit down on the chairbull Stop put your hands downbull Ending with ldquoDo it nowrdquobull Professional Tone amp Attitude

110

NON-Verbal

111

Verbalization

112

SOFT PHYSICAL TECHNIQUES

bull Slight touching or guiding contact

bull Cupping an elbow to escort Lightly grabbing an arm or shoulder

bull AIMING WEAPON113

Aiming WeaponFinger OFF

Trigger

114

HARD PHYSICAL TECHNIQUES

bull Limb Control Techniquesbull Takedown Ground Stabilizationbull Dynamic Countermeasuresbull Impact Techniquesbull Electrical Devicesbull Hand held impact weapons bull Specialty Impact Munitions

115

Firing the Weapon116

DEADLY FORCE

bull Impact Weaponsbull SIM ndash Changing Aiming Point

bull Neck Restraintbull Firearm

117

Transitioning to

firearm

118

Chapter 8

Documentation

Documentationbull Collect all munitions expended and photographed when practical

ndashEvery CasingndashMark Misfired or Damaged rounds 120

Documentation

bull An inventory of munitions used and not used should be noted

ndashWhat was issued and went out

ndashWhat was fired and misfiredndashWhat was lost and not recovered 121

Documentation

bull A report should be written detailing the order in which the events occurred and the police actions that were required

122

Documentation

bull Report the effectiveness of the various types of SIMrsquos and their delivery systems

ndashWhat did I fire that didnrsquot

ndashWhat did I fire that did123

Documentationbull Document any injuries sustained and property damage incurred

ndashInjuries to SubjectndashOfficersndashBystanders

124

Documentationbull After the crowd has dispersed it

is necessary to move rapidly into the target area to remove lingering groups and to prevent the crowd from regrouping and continuing illegal activity

ndashFollow ThroughndashSecuring the Area

125

LIABILITY ISSUES

The court will decide whether the actions of the officers were

(1)Consistent with the limits set forth by the constitution federal and state laws

(2)Consistent with departmental policy and procedures

(3)Consistent with training the officer received to handle such situations

126

5 Important Questions to ASK

bull What was the distance angle and elevation

bull What was the construction of the round used

bull What was the size of the subjectbull What was the expected point of impactbull What was the training of the shooter

127

Questions the Court will ASK

(1) Look at the conduct of other officers who were present andor participated in the actions

(2) The conduct of supervisors who may have authorized the actions of officers

128

Questions the Court will ASK

(1) Were the actions of the officers consistent with their training

(2) Was the training adequate and acceptable by contemporary standards

If the officers were not trained does it amountto deliberate indifference on the part of the

agency 129

Was the actions of the officer

bull A trained techniquebull Was it a dynamic application of

the trained techniquebull Was it an untrained technique

justified under the circumstances

130

Case Law

Know your laws

Graham v Connor 490 US 386 (1989)

a The US Supreme Court case that defined the standard under which excessive force claims would be judged

(1) The standard established was that of objective reasonableness(2) Prior to this the standard was police behavior that shocks the conscienceldquo

bIn this case the court redefined and set forth a less subjective standard

132Copyrighted by Dave Young

1990

City of Canton v Harris 489 US 378 109 S Ct 1197 (1989)

a In this case a woman was arrested and did not receive necessary medical attention after a shift commander was made aware of her condition and decided she did not need medical attention

b Although on the face the City of Canton policy addressed medical issues they were grossly negligent in that they did not provide the shift commanders with the proper training to make such decisions 133

Copyrighted by Dave Young 1990

City of Canton v Harris 489 US 378 109 S Ct 1197 (1989)

c There were many issues that emerged from this case however the primary issue was that of failure to train on the part of the city That negligence amounted to being deliberately in different to the rights of the plaintiff

The implications of Canton v Harris can also go beyond training issues however the burden of proving the Standard of deliberate indifference is on the plaintiff and not easy to prove

d Court Recommendation The duties that officers are assigned to perform must be accompanied with adequate training to perform that function

134Copyrighted by Dave Young

1990

ONeal v DeKalb County GA 850 F2d 653 (11th Cir 1988)

a A mental subject stabbed 7 people before being confronted by the police After repeatedly ordering the subject to drop the knife and lay on the floor the subject rushed the officers and was shot to death

b The court ruled that the use of deadly force instead of non-lethal force against a knife wielding suspect was not malicious or unreasonable therefore not actionable by the plaintiffs

135Copyrighted by Dave Young

1990

Plakas v Drinski 19 F3rd 1143 (7th Cir 1994) cert Denied 115 S Ct 81 (1994)

This case involved the shooting of a suspect who was

wielding a fire poker When the officer attempted to

arrest him he charged the officer with the fire poker and

was shot by police

(1)Plaintiffs who sued on behalf of the deceased claimed the officer did not use other means of force available to him at that time listing disabling chemical spray a police dog and distance

136Copyrighted by Dave Young

1990

Plakas v Drinski 19 F3rd 1143 (7th Cir 1994) cert Denied 115 SCt 81 (1994)

(2) The court stated ldquothat to permit every jury in this type of case to hear expert testimony that the defendant would have been uninjured if only the police had been able to use disabling gas or a capture net or a electrical device

(a)A municipality is liable because it failed to buy this equipment

(b)The Constitution does not enact a police administratorrsquos

equipment listlsquordquo

(c) The court ruled that there is no legal precedent that requires an officer to utilize alternatives to deadly force

137Copyrighted by Dave Young

1990

Davis v Mason County 927 F2d 1473 (9th Cir 1991)

aThe court ruled that the department had adequate training on the technical components of the use of force but did not have adequate training on the constitutional limits of the use of force in effecting arrests

138Copyrighted by Dave Young

1990

Davis v Mason County 927 F2d 1473 (9th Cir 1991)

b In other words the officers were trained on the how but not on the why and when the force is appropriate

c Court Recommendation Training should include confrontational scenarios of situations that require decision making then articulation by the officer as to the justification for the force used or not used

139Copyrighted by Dave Young

1990

Quezada v County of Bernalillo 944 F2d 710 (10th Cir 1991)

a The court ruled that an officer might be held liable for putting himself in a situation that requires him to use deadly force against an armed suicidal person

b This case involved an officer who left a position of cover to confront a suicidal subject

140Copyrighted by Dave Young

1990

141

Dave YoungFounder amp Director

ARMA Training

Website wwwarmatrainingcom772-913-1615

copyrighted by Dave Young 1994

Introduction to ARMA

bull ARMA Training Conducts over 70 different training programs both domestically and internationally at various satellite locations throughout the world

Unique Training Methods and Partners

bull Focuses on Technical needed for Product Liability amp Tactical Information Needed for Street Application on Field Proven Strategies Conducts Basic Instructor or Master Level Courses Represents Over 45 Different Companies

Special Partnershipbull Northwest Technical Collegebull Located in Green Bay WIbull All programs are state certified

through a higher learning of education

Chapter 1

History of Specialty Impact Munitions

31

H istory of Specia lty Im pact M un itions

CorrectionsS pecia l C ircum stances

D C TS O R T

Law EnforcementP atro lS W AT

C row d M anagem ent

MilitaryM Ilitary Po lice

S R TC iv il D istu rbance

Specialty Im pact M unitions

>

Kalimba

Mr Scruff

Ninja Tuna track 1

2008

Electronic

34808167

eng - Ninja Tune Records

- Ninja Tune Records

Correctional Use Cell Extraction Special Circumstances (Suicide by Inmate) Covering Chemical Munitions Regaining controlled areas Escorting Inmates Protecting Officers or Formations Protecting the perimeter Protecting Property

32

Law Enforcement Use Individual Targeted Subjects Special Circumstances (Suicide by Cop-

Standoff) Covering Chemical Munitions Regaining controlled areas Special Escorting Details Protecting Officers or Formations Protecting the Perimeter Protecting Property

33

Military Use Individual Targeted Subjects Special Circumstances (Suicide by Cop-Standoff) Covering Chemical Munitions Regaining controlled areas Humanitarian Missions Special Escorting Details Protecting Officers or Formations Protecting the perimeter Protecting Property

34

P O L I C E L I N E

35

Weapon Delivery Zones in Feet

Z O N E 1

Z O N E 3

Z O N E 2

Z O N E 4

Z O N E 5

Serious Threat

Intermediate Threat

Potential Threat

Possible Threat

Unlikely Threat

0 10

10 50

50 100

150100

150 200

Justification of SIM Use

Covering Chemical Munitions

Protecting Formations

Protecting Life and Property

36

Powder Delivery Systems

bull Black Powder ndash Advantages

bullCost EffectivebullMore Rounds AvailablebullCan ONLY be fired in 37MM

37

Powder Delivery Systemsbull Black Powder ndash Disadvantages

bullMost Corrosive to weaponbull Increased Malfunction possibility

bullGive Shooters position awaybullLeast accurate munitions

38

Powder Delivery Systems

bull Smokeless Black Powder ndash Advantages

bullLeast Corrosive to weaponbullReduced Malfunction possibility

bullConceals Shooters position bullMost accurate munitions

39

Powder Delivery Systems

bull Smokeless Powder ndash Disadvantages

bullMost costly munitions

40

Casing Sizes

bull 37MM ndash Usually 8 inch in length Black Powder

bull 3740MM ndash Usually 55 inch in length

Black Powder or Smokeless

bull 40MM ndash Usually 48 in in length Smokeless Powder

41

Chapter 2

Classifications of Specialty Impact Munitions

Classifications of SIM Rounds

43

Low Energy VS High Energy Only need one of both

bull Weatherbull Distance from threat

bull Terrain

Low Energybull Designed to deliver minimal energy to cause slight physical discomfort for pain compliance or mental distraction

44

High Energybull Designed to deliver enough energy to inflict blunt trauma to cause greater physical discomfort and possible incapacitation

45

Low Energy Roundsbull 37MM or 40MM Multiple Rubber

Balls (32 or 60 caliber) or Stinger Ball

bull 37MM or 40MM Multiple Foam Baton bull 40MM Spin Stabilized FoamSponge

Roundbull 12 Gauge Rubber Pellets ndash Marked

Low Velocity 46

47

3132 Caliber Stinger BallsAdditional Information

37mm or 40MM

Black Powder or Smokeless

3132 Caliber Ball (approx)

55 or 8 inch casings

48

4560 Cal Rubber Balls

Additional Information

3740MM

Approx 24 Rubber Balls

Average 325 FPS

49

Foam Baton Rounds

Additional Information 37mm or 40MM Black Powder or Smokeless 35 baton rounds - 55 or 8 inch casings

50

40MM Spin Stabilized Foam Rounds

Additional Information

40MM Sponge Round Smokeless Delivery System

48 inch casings Most accurate round to date Most reliable round

51

Hit with 40MM Spin Stabilized Round 45 feet from Barrel

Notice no rip or tear in clothing

52

Hit with 40 MM Sponge Round 30 feet from Barrel

Within 3 days of being hit

1 hours after being hit

Shooter Sgt Don WeiderLexington SCSheriffrsquos Office

53

Stinger Balls Additional Information

CS ndash CN Powder Filled Launched or Thrown 31 Caliber (approximately 180

RBrsquos)

15 Sec Time delay

54

12 Gauge Rubber Pellets

Description - Cartridge 12ga Sting Balltradereg

Type - Multiple Projectile Rubber Pellets

Velocity - 400 ftsec (Avg) Maximum Effective Range - 50 feetProjectiles - 18 (average)

High Energy Rounds 37 or 40MM Multiple Wooded Baton 37 or 40MM Multiple Rubber Baton 37 or 40MM Bean Bag round 40MM Spin Stabilized FoamSponge

Round 12 Gauge Single 4560 Cal Ball Round 12 Gauge Bean Bag Round

55

56

3740 MM Wooded Baton Rounds

3740 MM

55 or 8 Inch Casings

BlackSmokeless Powder

35 Baton Rounds

57

3740 MM Interlocking Rubber Baton

3740 MM

55 or 8 Inch Casings

BlackSmokeless Powder

35 Baton Rounds

58

3740 MM Mono Rubber Baton

3740 MM

55 or 8 Inch Casings

BlackSmokeless Powder

Single Baton Round

59

3740 MM Pen-Prevent or Super ldquoSOCrdquo Bean Bag Round

Additional Information

Black PowderSmokeless

Glass BeadsSilica Sand Lead Pelts

Aerodynamic or Non-Aerodynamic

60

40MM Spin Stabilized Foam Rounds

Additional Information 40MM Sponge Round Smokeless Delivery System 48 inch casing Most accurate round to date Special Nylon Casing

Only round which can be

effectively fired in all 5 ZONES

61

12 Gauge High Velocity - Rubber Pellets

Description - Cartridge 12ga Sting Balltrade HVreg

Type - Multiple Projectile Rubber Pellets

Velocity - 900 ftsec (Avg) Maximum Effective Range - 60 feet

Projectiles - 18 (average)

62

12 Gauge High Velocity - Tri-Dent 3 Rubber Ball

Description - Cartridge 12ga Sting Balltrade HVreg

Type - Multiple Projectile Rubber Balls

Velocity - 900 ftsec (Avg) Maximum Effective Range - 60 feet

Projectiles - 3

63

12 Gauge ldquoPen Preventrdquo Bean Bag Round

bull Projectile Weight - 40 gmbull Material - Shot filled Ballistic Fiber Reinforced flexible sock

bull Terminal Velocity - 280 fps (average) at 10 yardsreg

bull Accuracy - 4rdquo or better at 40 yards using a cylinder bore Remington 870

64

Categories of Rounds bull Flexible ndash Generally conforms to

surface it hits

bull Non-Flexible - Generally doesnrsquot conforms to surface it hits

bull Ridged ndash Generally shatters or bounces off surface it comes into contact with

65

Chapter 3

Angles of Fire

Angles of Fire Defined as the

aiming point with a

designated round for maximum accuracy

67

Direct Angle bull Direct ndash Directly aimed into the target area

68

TARGET

Indirect Anglebull Indirect ndash Skipped into the target area (Usually 3-6 feet based on terrain)

69

TARGET

Low Angle

bull Low Angle ndash Aimed just outside of point of aim point of impact distance

70

TARGET

High Angle

bull High Angle ndash Aimed in a high arch into target area

71

TARGET

Chapter 4

Cause and Effect

Cause amp Effect of Rounds

bull Mental - Discuss

bull Physical - Discuss

73

Mental Effectsbull Specialty Impact Munitions have a

tremendous MENTAL effect on an individual In many cases the mental effects may far outweigh the physical effects and be the determining factor in the subjectrsquos response or time of incapacitation or distraction ldquoA fear of being shotrdquo

74

Anxietybull The action of pointing a firearm directly at

an individual andor actually firing a projectile

bull The pain and at times the appearance of

the injury may reinforce this belief

bull Instructor Note Can be addressed through training

75

Fearbull Arouses connotations and a fear of having been

shot with a firearm SIMS may cause a powerful mental distraction

bull Mentally the subject must cope with the physiological pain that the body feels

bull Instructor Note Can be addressed through personal experience

76

Panicbull Panic is not a desirable response due to having

less control of the subject or crowd

bull The impact is likely to create fear which may create a fight or flight response

bull Crowds may scatter rendering the intended escape route useless

bull Instructor Note LEAST DESIREABLE RESPONSE

77

Chapter 5

Primary vs Secondary Injuries

Primary vs Secondary Injury

Primary Injury

bull An injury directly caused by the use of force tool use

80

Secondary Injurybull An injury indirectly caused by

the use of force tool use

bull Either from resistance from subject or another officer and or environmental surroundings

81

Flight of a projectile

bull Once leaving barrel seeks equal weight distribution ndash Pan Cakes Saucer Spin

bull Head Wind ndash Round May Dive or Risebull Tail Wind ndash Round may Float or Cork

Screwbull Cross Wind ndash ldquoJrdquo Turn

82

Projectile CalculationWhen the distance of the target

INCREASES it effects

Velocity + Accuracy + Impact = Injury

83

Projectile CalculationWhen the distance of the target

DECREASES it effects

Velocity + Accuracy + Impact = Injury

84

Chapter 6

Target areas when using SIM

Blunt Trauma vs

Penetration Trauma

Blunt Traumabull The MAXIMUM desired effect of an impact munitions is

BLUNT TRAUMA - an impact from an object that leaves the body surface intact but may cause sufficient (non-life threatening) injury to distract control or incapacitate the subject

Stinger Round Injury

Pepperball Injury

Stinger Round Injury87

Types of Blunt Trauma Injuries

bull Abrasions - Skimming the surface skin area

bull Contusions - Injury to the brain

bull Lacerations - Partially hitting the skin surface from the side cutting the surface

88

Continued Blunt Trauma Injuriesbull Fractures - Primary injury when

munition strikes target are directly

bull Secondary injury when munitions strikes target area and causes the body to fall striking another surface indirectly

bull Concussion - Glancing blows or missed target or Falling or collapsing of the subject 89

Penetration Traumabull The unintended and most

undesirable outcome of an SIMS is penetration

bull SIMrsquos can cause Death or serious bodily injury

90

PenetrationPuncture ndash Entering the body

at arsquo90 degree angle breaking

thesurface of the skin

91

Target Areas

Unable to use a striking color baton chart

because the chart was used to identify areas of the body for impact and

injuries for striking a human which is MUCH less

force then deploying Specially Impact

Munitions92

Meat amp Muscle Areas

bull Primary target areas that when striking the human body will cause mild to intense pain with NO LONG LASTING INJURY

93

Primary Target Area ndash the target area

consisting of large muscle groupsbull Buttocks bull Thigh amp Calvesbull Lower Abdominal Areabull BicepsTricepsbull Forearm area

94

Meat amp Bone Areasbull Secondary target areas that when striking the human body will cause mild to intense pain with MINOR to LONG LASTING INJURY

95

Secondary target areas are skeletal areas ndash

preferred - may result in fractures

bull Shoulderbull Kneesbull Anklesbull Wrists bull Elbows

96

Bone amp Sensitive Areasbull Last resort target areas that when

striking the human body will cause intense pain with long lasting injury which MAY RESULT IN SERIOUS BODILY HARM WHICH MAY RESULT IN DEATH

97

Last Resort Target Area ndash the target area when

maximum effectiveness is desired to meet a level of

threat escalating to deadly force justification

bull Head amp Throatbull Chest (center mass)bull Solar plexusbull Groinbull Spinebull Lower back

98

99

100

Clothing

1 In colder climates where heavier clothing and jackets are worn rounds with higher energy capabilities will be required

2 In a case where the subject is lightly dressed pay close attention to munitions selection shot placement and engagement distance

3 In detention facilities and during civil disturbances the subjects may pad themselves in order to defeat the effects of SIM

101

Physical Stature and Condition ndash Is the subject heavy musculature or thin and skeletal age

1 250-pound muscular individual will more than likely be physiologically effected less than a 100-pound individual when both are struck in the sametarget area by SIM

2 The blunt trauma effects and the potential for penetration are much greater for the smallerperson 102

37MM Foam Baton-15 feet=WHOHOW12 ga Rubber Pellets HV- 22 feet= WHOHOW40MM Bean Bag-34 feet=WHOHOW

213

90 to 140 lbs 131 to 185 lbs 186 to 220 lbs (220 to 350+)

103

Immediate Surroundings 1Is there any person in the immediate area who

maybe at risk of a deflected or missed shot

2Identify your target backstop and beyond

104

Chapter 7

Intervention Options

THE FORCE CONTINUUM ndash WHEN TO USE SIMrsquos

bull Ladder of Forcebull Force Continuumbull Circle of Forcebull Force Modularbull Escalation of Force

106

107

OFFICER PRESENCE

bull Uniform Badge bull Dedicated Weapon Displayed

bull On a Slingbull Port Arms bull Ready Carry Position

108

Presence

109

Verbal Commands

bull Please stand over there bull Please sit down on the chairbull Stop put your hands downbull Ending with ldquoDo it nowrdquobull Professional Tone amp Attitude

110

NON-Verbal

111

Verbalization

112

SOFT PHYSICAL TECHNIQUES

bull Slight touching or guiding contact

bull Cupping an elbow to escort Lightly grabbing an arm or shoulder

bull AIMING WEAPON113

Aiming WeaponFinger OFF

Trigger

114

HARD PHYSICAL TECHNIQUES

bull Limb Control Techniquesbull Takedown Ground Stabilizationbull Dynamic Countermeasuresbull Impact Techniquesbull Electrical Devicesbull Hand held impact weapons bull Specialty Impact Munitions

115

Firing the Weapon116

DEADLY FORCE

bull Impact Weaponsbull SIM ndash Changing Aiming Point

bull Neck Restraintbull Firearm

117

Transitioning to

firearm

118

Chapter 8

Documentation

Documentationbull Collect all munitions expended and photographed when practical

ndashEvery CasingndashMark Misfired or Damaged rounds 120

Documentation

bull An inventory of munitions used and not used should be noted

ndashWhat was issued and went out

ndashWhat was fired and misfiredndashWhat was lost and not recovered 121

Documentation

bull A report should be written detailing the order in which the events occurred and the police actions that were required

122

Documentation

bull Report the effectiveness of the various types of SIMrsquos and their delivery systems

ndashWhat did I fire that didnrsquot

ndashWhat did I fire that did123

Documentationbull Document any injuries sustained and property damage incurred

ndashInjuries to SubjectndashOfficersndashBystanders

124

Documentationbull After the crowd has dispersed it

is necessary to move rapidly into the target area to remove lingering groups and to prevent the crowd from regrouping and continuing illegal activity

ndashFollow ThroughndashSecuring the Area

125

LIABILITY ISSUES

The court will decide whether the actions of the officers were

(1)Consistent with the limits set forth by the constitution federal and state laws

(2)Consistent with departmental policy and procedures

(3)Consistent with training the officer received to handle such situations

126

5 Important Questions to ASK

bull What was the distance angle and elevation

bull What was the construction of the round used

bull What was the size of the subjectbull What was the expected point of impactbull What was the training of the shooter

127

Questions the Court will ASK

(1) Look at the conduct of other officers who were present andor participated in the actions

(2) The conduct of supervisors who may have authorized the actions of officers

128

Questions the Court will ASK

(1) Were the actions of the officers consistent with their training

(2) Was the training adequate and acceptable by contemporary standards

If the officers were not trained does it amountto deliberate indifference on the part of the

agency 129

Was the actions of the officer

bull A trained techniquebull Was it a dynamic application of

the trained techniquebull Was it an untrained technique

justified under the circumstances

130

Case Law

Know your laws

Graham v Connor 490 US 386 (1989)

a The US Supreme Court case that defined the standard under which excessive force claims would be judged

(1) The standard established was that of objective reasonableness(2) Prior to this the standard was police behavior that shocks the conscienceldquo

bIn this case the court redefined and set forth a less subjective standard

132Copyrighted by Dave Young

1990

City of Canton v Harris 489 US 378 109 S Ct 1197 (1989)

a In this case a woman was arrested and did not receive necessary medical attention after a shift commander was made aware of her condition and decided she did not need medical attention

b Although on the face the City of Canton policy addressed medical issues they were grossly negligent in that they did not provide the shift commanders with the proper training to make such decisions 133

Copyrighted by Dave Young 1990

City of Canton v Harris 489 US 378 109 S Ct 1197 (1989)

c There were many issues that emerged from this case however the primary issue was that of failure to train on the part of the city That negligence amounted to being deliberately in different to the rights of the plaintiff

The implications of Canton v Harris can also go beyond training issues however the burden of proving the Standard of deliberate indifference is on the plaintiff and not easy to prove

d Court Recommendation The duties that officers are assigned to perform must be accompanied with adequate training to perform that function

134Copyrighted by Dave Young

1990

ONeal v DeKalb County GA 850 F2d 653 (11th Cir 1988)

a A mental subject stabbed 7 people before being confronted by the police After repeatedly ordering the subject to drop the knife and lay on the floor the subject rushed the officers and was shot to death

b The court ruled that the use of deadly force instead of non-lethal force against a knife wielding suspect was not malicious or unreasonable therefore not actionable by the plaintiffs

135Copyrighted by Dave Young

1990

Plakas v Drinski 19 F3rd 1143 (7th Cir 1994) cert Denied 115 S Ct 81 (1994)

This case involved the shooting of a suspect who was

wielding a fire poker When the officer attempted to

arrest him he charged the officer with the fire poker and

was shot by police

(1)Plaintiffs who sued on behalf of the deceased claimed the officer did not use other means of force available to him at that time listing disabling chemical spray a police dog and distance

136Copyrighted by Dave Young

1990

Plakas v Drinski 19 F3rd 1143 (7th Cir 1994) cert Denied 115 SCt 81 (1994)

(2) The court stated ldquothat to permit every jury in this type of case to hear expert testimony that the defendant would have been uninjured if only the police had been able to use disabling gas or a capture net or a electrical device

(a)A municipality is liable because it failed to buy this equipment

(b)The Constitution does not enact a police administratorrsquos

equipment listlsquordquo

(c) The court ruled that there is no legal precedent that requires an officer to utilize alternatives to deadly force

137Copyrighted by Dave Young

1990

Davis v Mason County 927 F2d 1473 (9th Cir 1991)

aThe court ruled that the department had adequate training on the technical components of the use of force but did not have adequate training on the constitutional limits of the use of force in effecting arrests

138Copyrighted by Dave Young

1990

Davis v Mason County 927 F2d 1473 (9th Cir 1991)

b In other words the officers were trained on the how but not on the why and when the force is appropriate

c Court Recommendation Training should include confrontational scenarios of situations that require decision making then articulation by the officer as to the justification for the force used or not used

139Copyrighted by Dave Young

1990

Quezada v County of Bernalillo 944 F2d 710 (10th Cir 1991)

a The court ruled that an officer might be held liable for putting himself in a situation that requires him to use deadly force against an armed suicidal person

b This case involved an officer who left a position of cover to confront a suicidal subject

140Copyrighted by Dave Young

1990

141

Dave YoungFounder amp Director

ARMA Training

Website wwwarmatrainingcom772-913-1615

copyrighted by Dave Young 1994

Unique Training Methods and Partners

bull Focuses on Technical needed for Product Liability amp Tactical Information Needed for Street Application on Field Proven Strategies Conducts Basic Instructor or Master Level Courses Represents Over 45 Different Companies

Special Partnershipbull Northwest Technical Collegebull Located in Green Bay WIbull All programs are state certified

through a higher learning of education

Chapter 1

History of Specialty Impact Munitions

31

H istory of Specia lty Im pact M un itions

CorrectionsS pecia l C ircum stances

D C TS O R T

Law EnforcementP atro lS W AT

C row d M anagem ent

MilitaryM Ilitary Po lice

S R TC iv il D istu rbance

Specialty Im pact M unitions

>

Kalimba

Mr Scruff

Ninja Tuna track 1

2008

Electronic

34808167

eng - Ninja Tune Records

- Ninja Tune Records

Correctional Use Cell Extraction Special Circumstances (Suicide by Inmate) Covering Chemical Munitions Regaining controlled areas Escorting Inmates Protecting Officers or Formations Protecting the perimeter Protecting Property

32

Law Enforcement Use Individual Targeted Subjects Special Circumstances (Suicide by Cop-

Standoff) Covering Chemical Munitions Regaining controlled areas Special Escorting Details Protecting Officers or Formations Protecting the Perimeter Protecting Property

33

Military Use Individual Targeted Subjects Special Circumstances (Suicide by Cop-Standoff) Covering Chemical Munitions Regaining controlled areas Humanitarian Missions Special Escorting Details Protecting Officers or Formations Protecting the perimeter Protecting Property

34

P O L I C E L I N E

35

Weapon Delivery Zones in Feet

Z O N E 1

Z O N E 3

Z O N E 2

Z O N E 4

Z O N E 5

Serious Threat

Intermediate Threat

Potential Threat

Possible Threat

Unlikely Threat

0 10

10 50

50 100

150100

150 200

Justification of SIM Use

Covering Chemical Munitions

Protecting Formations

Protecting Life and Property

36

Powder Delivery Systems

bull Black Powder ndash Advantages

bullCost EffectivebullMore Rounds AvailablebullCan ONLY be fired in 37MM

37

Powder Delivery Systemsbull Black Powder ndash Disadvantages

bullMost Corrosive to weaponbull Increased Malfunction possibility

bullGive Shooters position awaybullLeast accurate munitions

38

Powder Delivery Systems

bull Smokeless Black Powder ndash Advantages

bullLeast Corrosive to weaponbullReduced Malfunction possibility

bullConceals Shooters position bullMost accurate munitions

39

Powder Delivery Systems

bull Smokeless Powder ndash Disadvantages

bullMost costly munitions

40

Casing Sizes

bull 37MM ndash Usually 8 inch in length Black Powder

bull 3740MM ndash Usually 55 inch in length

Black Powder or Smokeless

bull 40MM ndash Usually 48 in in length Smokeless Powder

41

Chapter 2

Classifications of Specialty Impact Munitions

Classifications of SIM Rounds

43

Low Energy VS High Energy Only need one of both

bull Weatherbull Distance from threat

bull Terrain

Low Energybull Designed to deliver minimal energy to cause slight physical discomfort for pain compliance or mental distraction

44

High Energybull Designed to deliver enough energy to inflict blunt trauma to cause greater physical discomfort and possible incapacitation

45

Low Energy Roundsbull 37MM or 40MM Multiple Rubber

Balls (32 or 60 caliber) or Stinger Ball

bull 37MM or 40MM Multiple Foam Baton bull 40MM Spin Stabilized FoamSponge

Roundbull 12 Gauge Rubber Pellets ndash Marked

Low Velocity 46

47

3132 Caliber Stinger BallsAdditional Information

37mm or 40MM

Black Powder or Smokeless

3132 Caliber Ball (approx)

55 or 8 inch casings

48

4560 Cal Rubber Balls

Additional Information

3740MM

Approx 24 Rubber Balls

Average 325 FPS

49

Foam Baton Rounds

Additional Information 37mm or 40MM Black Powder or Smokeless 35 baton rounds - 55 or 8 inch casings

50

40MM Spin Stabilized Foam Rounds

Additional Information

40MM Sponge Round Smokeless Delivery System

48 inch casings Most accurate round to date Most reliable round

51

Hit with 40MM Spin Stabilized Round 45 feet from Barrel

Notice no rip or tear in clothing

52

Hit with 40 MM Sponge Round 30 feet from Barrel

Within 3 days of being hit

1 hours after being hit

Shooter Sgt Don WeiderLexington SCSheriffrsquos Office

53

Stinger Balls Additional Information

CS ndash CN Powder Filled Launched or Thrown 31 Caliber (approximately 180

RBrsquos)

15 Sec Time delay

54

12 Gauge Rubber Pellets

Description - Cartridge 12ga Sting Balltradereg

Type - Multiple Projectile Rubber Pellets

Velocity - 400 ftsec (Avg) Maximum Effective Range - 50 feetProjectiles - 18 (average)

High Energy Rounds 37 or 40MM Multiple Wooded Baton 37 or 40MM Multiple Rubber Baton 37 or 40MM Bean Bag round 40MM Spin Stabilized FoamSponge

Round 12 Gauge Single 4560 Cal Ball Round 12 Gauge Bean Bag Round

55

56

3740 MM Wooded Baton Rounds

3740 MM

55 or 8 Inch Casings

BlackSmokeless Powder

35 Baton Rounds

57

3740 MM Interlocking Rubber Baton

3740 MM

55 or 8 Inch Casings

BlackSmokeless Powder

35 Baton Rounds

58

3740 MM Mono Rubber Baton

3740 MM

55 or 8 Inch Casings

BlackSmokeless Powder

Single Baton Round

59

3740 MM Pen-Prevent or Super ldquoSOCrdquo Bean Bag Round

Additional Information

Black PowderSmokeless

Glass BeadsSilica Sand Lead Pelts

Aerodynamic or Non-Aerodynamic

60

40MM Spin Stabilized Foam Rounds

Additional Information 40MM Sponge Round Smokeless Delivery System 48 inch casing Most accurate round to date Special Nylon Casing

Only round which can be

effectively fired in all 5 ZONES

61

12 Gauge High Velocity - Rubber Pellets

Description - Cartridge 12ga Sting Balltrade HVreg

Type - Multiple Projectile Rubber Pellets

Velocity - 900 ftsec (Avg) Maximum Effective Range - 60 feet

Projectiles - 18 (average)

62

12 Gauge High Velocity - Tri-Dent 3 Rubber Ball

Description - Cartridge 12ga Sting Balltrade HVreg

Type - Multiple Projectile Rubber Balls

Velocity - 900 ftsec (Avg) Maximum Effective Range - 60 feet

Projectiles - 3

63

12 Gauge ldquoPen Preventrdquo Bean Bag Round

bull Projectile Weight - 40 gmbull Material - Shot filled Ballistic Fiber Reinforced flexible sock

bull Terminal Velocity - 280 fps (average) at 10 yardsreg

bull Accuracy - 4rdquo or better at 40 yards using a cylinder bore Remington 870

64

Categories of Rounds bull Flexible ndash Generally conforms to

surface it hits

bull Non-Flexible - Generally doesnrsquot conforms to surface it hits

bull Ridged ndash Generally shatters or bounces off surface it comes into contact with

65

Chapter 3

Angles of Fire

Angles of Fire Defined as the

aiming point with a

designated round for maximum accuracy

67

Direct Angle bull Direct ndash Directly aimed into the target area

68

TARGET

Indirect Anglebull Indirect ndash Skipped into the target area (Usually 3-6 feet based on terrain)

69

TARGET

Low Angle

bull Low Angle ndash Aimed just outside of point of aim point of impact distance

70

TARGET

High Angle

bull High Angle ndash Aimed in a high arch into target area

71

TARGET

Chapter 4

Cause and Effect

Cause amp Effect of Rounds

bull Mental - Discuss

bull Physical - Discuss

73

Mental Effectsbull Specialty Impact Munitions have a

tremendous MENTAL effect on an individual In many cases the mental effects may far outweigh the physical effects and be the determining factor in the subjectrsquos response or time of incapacitation or distraction ldquoA fear of being shotrdquo

74

Anxietybull The action of pointing a firearm directly at

an individual andor actually firing a projectile

bull The pain and at times the appearance of

the injury may reinforce this belief

bull Instructor Note Can be addressed through training

75

Fearbull Arouses connotations and a fear of having been

shot with a firearm SIMS may cause a powerful mental distraction

bull Mentally the subject must cope with the physiological pain that the body feels

bull Instructor Note Can be addressed through personal experience

76

Panicbull Panic is not a desirable response due to having

less control of the subject or crowd

bull The impact is likely to create fear which may create a fight or flight response

bull Crowds may scatter rendering the intended escape route useless

bull Instructor Note LEAST DESIREABLE RESPONSE

77

Chapter 5

Primary vs Secondary Injuries

Primary vs Secondary Injury

Primary Injury

bull An injury directly caused by the use of force tool use

80

Secondary Injurybull An injury indirectly caused by

the use of force tool use

bull Either from resistance from subject or another officer and or environmental surroundings

81

Flight of a projectile

bull Once leaving barrel seeks equal weight distribution ndash Pan Cakes Saucer Spin

bull Head Wind ndash Round May Dive or Risebull Tail Wind ndash Round may Float or Cork

Screwbull Cross Wind ndash ldquoJrdquo Turn

82

Projectile CalculationWhen the distance of the target

INCREASES it effects

Velocity + Accuracy + Impact = Injury

83

Projectile CalculationWhen the distance of the target

DECREASES it effects

Velocity + Accuracy + Impact = Injury

84

Chapter 6

Target areas when using SIM

Blunt Trauma vs

Penetration Trauma

Blunt Traumabull The MAXIMUM desired effect of an impact munitions is

BLUNT TRAUMA - an impact from an object that leaves the body surface intact but may cause sufficient (non-life threatening) injury to distract control or incapacitate the subject

Stinger Round Injury

Pepperball Injury

Stinger Round Injury87

Types of Blunt Trauma Injuries

bull Abrasions - Skimming the surface skin area

bull Contusions - Injury to the brain

bull Lacerations - Partially hitting the skin surface from the side cutting the surface

88

Continued Blunt Trauma Injuriesbull Fractures - Primary injury when

munition strikes target are directly

bull Secondary injury when munitions strikes target area and causes the body to fall striking another surface indirectly

bull Concussion - Glancing blows or missed target or Falling or collapsing of the subject 89

Penetration Traumabull The unintended and most

undesirable outcome of an SIMS is penetration

bull SIMrsquos can cause Death or serious bodily injury

90

PenetrationPuncture ndash Entering the body

at arsquo90 degree angle breaking

thesurface of the skin

91

Target Areas

Unable to use a striking color baton chart

because the chart was used to identify areas of the body for impact and

injuries for striking a human which is MUCH less

force then deploying Specially Impact

Munitions92

Meat amp Muscle Areas

bull Primary target areas that when striking the human body will cause mild to intense pain with NO LONG LASTING INJURY

93

Primary Target Area ndash the target area

consisting of large muscle groupsbull Buttocks bull Thigh amp Calvesbull Lower Abdominal Areabull BicepsTricepsbull Forearm area

94

Meat amp Bone Areasbull Secondary target areas that when striking the human body will cause mild to intense pain with MINOR to LONG LASTING INJURY

95

Secondary target areas are skeletal areas ndash

preferred - may result in fractures

bull Shoulderbull Kneesbull Anklesbull Wrists bull Elbows

96

Bone amp Sensitive Areasbull Last resort target areas that when

striking the human body will cause intense pain with long lasting injury which MAY RESULT IN SERIOUS BODILY HARM WHICH MAY RESULT IN DEATH

97

Last Resort Target Area ndash the target area when

maximum effectiveness is desired to meet a level of

threat escalating to deadly force justification

bull Head amp Throatbull Chest (center mass)bull Solar plexusbull Groinbull Spinebull Lower back

98

99

100

Clothing

1 In colder climates where heavier clothing and jackets are worn rounds with higher energy capabilities will be required

2 In a case where the subject is lightly dressed pay close attention to munitions selection shot placement and engagement distance

3 In detention facilities and during civil disturbances the subjects may pad themselves in order to defeat the effects of SIM

101

Physical Stature and Condition ndash Is the subject heavy musculature or thin and skeletal age

1 250-pound muscular individual will more than likely be physiologically effected less than a 100-pound individual when both are struck in the sametarget area by SIM

2 The blunt trauma effects and the potential for penetration are much greater for the smallerperson 102

37MM Foam Baton-15 feet=WHOHOW12 ga Rubber Pellets HV- 22 feet= WHOHOW40MM Bean Bag-34 feet=WHOHOW

213

90 to 140 lbs 131 to 185 lbs 186 to 220 lbs (220 to 350+)

103

Immediate Surroundings 1Is there any person in the immediate area who

maybe at risk of a deflected or missed shot

2Identify your target backstop and beyond

104

Chapter 7

Intervention Options

THE FORCE CONTINUUM ndash WHEN TO USE SIMrsquos

bull Ladder of Forcebull Force Continuumbull Circle of Forcebull Force Modularbull Escalation of Force

106

107

OFFICER PRESENCE

bull Uniform Badge bull Dedicated Weapon Displayed

bull On a Slingbull Port Arms bull Ready Carry Position

108

Presence

109

Verbal Commands

bull Please stand over there bull Please sit down on the chairbull Stop put your hands downbull Ending with ldquoDo it nowrdquobull Professional Tone amp Attitude

110

NON-Verbal

111

Verbalization

112

SOFT PHYSICAL TECHNIQUES

bull Slight touching or guiding contact

bull Cupping an elbow to escort Lightly grabbing an arm or shoulder

bull AIMING WEAPON113

Aiming WeaponFinger OFF

Trigger

114

HARD PHYSICAL TECHNIQUES

bull Limb Control Techniquesbull Takedown Ground Stabilizationbull Dynamic Countermeasuresbull Impact Techniquesbull Electrical Devicesbull Hand held impact weapons bull Specialty Impact Munitions

115

Firing the Weapon116

DEADLY FORCE

bull Impact Weaponsbull SIM ndash Changing Aiming Point

bull Neck Restraintbull Firearm

117

Transitioning to

firearm

118

Chapter 8

Documentation

Documentationbull Collect all munitions expended and photographed when practical

ndashEvery CasingndashMark Misfired or Damaged rounds 120

Documentation

bull An inventory of munitions used and not used should be noted

ndashWhat was issued and went out

ndashWhat was fired and misfiredndashWhat was lost and not recovered 121

Documentation

bull A report should be written detailing the order in which the events occurred and the police actions that were required

122

Documentation

bull Report the effectiveness of the various types of SIMrsquos and their delivery systems

ndashWhat did I fire that didnrsquot

ndashWhat did I fire that did123

Documentationbull Document any injuries sustained and property damage incurred

ndashInjuries to SubjectndashOfficersndashBystanders

124

Documentationbull After the crowd has dispersed it

is necessary to move rapidly into the target area to remove lingering groups and to prevent the crowd from regrouping and continuing illegal activity

ndashFollow ThroughndashSecuring the Area

125

LIABILITY ISSUES

The court will decide whether the actions of the officers were

(1)Consistent with the limits set forth by the constitution federal and state laws

(2)Consistent with departmental policy and procedures

(3)Consistent with training the officer received to handle such situations

126

5 Important Questions to ASK

bull What was the distance angle and elevation

bull What was the construction of the round used

bull What was the size of the subjectbull What was the expected point of impactbull What was the training of the shooter

127

Questions the Court will ASK

(1) Look at the conduct of other officers who were present andor participated in the actions

(2) The conduct of supervisors who may have authorized the actions of officers

128

Questions the Court will ASK

(1) Were the actions of the officers consistent with their training

(2) Was the training adequate and acceptable by contemporary standards

If the officers were not trained does it amountto deliberate indifference on the part of the

agency 129

Was the actions of the officer

bull A trained techniquebull Was it a dynamic application of

the trained techniquebull Was it an untrained technique

justified under the circumstances

130

Case Law

Know your laws

Graham v Connor 490 US 386 (1989)

a The US Supreme Court case that defined the standard under which excessive force claims would be judged

(1) The standard established was that of objective reasonableness(2) Prior to this the standard was police behavior that shocks the conscienceldquo

bIn this case the court redefined and set forth a less subjective standard

132Copyrighted by Dave Young

1990

City of Canton v Harris 489 US 378 109 S Ct 1197 (1989)

a In this case a woman was arrested and did not receive necessary medical attention after a shift commander was made aware of her condition and decided she did not need medical attention

b Although on the face the City of Canton policy addressed medical issues they were grossly negligent in that they did not provide the shift commanders with the proper training to make such decisions 133

Copyrighted by Dave Young 1990

City of Canton v Harris 489 US 378 109 S Ct 1197 (1989)

c There were many issues that emerged from this case however the primary issue was that of failure to train on the part of the city That negligence amounted to being deliberately in different to the rights of the plaintiff

The implications of Canton v Harris can also go beyond training issues however the burden of proving the Standard of deliberate indifference is on the plaintiff and not easy to prove

d Court Recommendation The duties that officers are assigned to perform must be accompanied with adequate training to perform that function

134Copyrighted by Dave Young

1990

ONeal v DeKalb County GA 850 F2d 653 (11th Cir 1988)

a A mental subject stabbed 7 people before being confronted by the police After repeatedly ordering the subject to drop the knife and lay on the floor the subject rushed the officers and was shot to death

b The court ruled that the use of deadly force instead of non-lethal force against a knife wielding suspect was not malicious or unreasonable therefore not actionable by the plaintiffs

135Copyrighted by Dave Young

1990

Plakas v Drinski 19 F3rd 1143 (7th Cir 1994) cert Denied 115 S Ct 81 (1994)

This case involved the shooting of a suspect who was

wielding a fire poker When the officer attempted to

arrest him he charged the officer with the fire poker and

was shot by police

(1)Plaintiffs who sued on behalf of the deceased claimed the officer did not use other means of force available to him at that time listing disabling chemical spray a police dog and distance

136Copyrighted by Dave Young

1990

Plakas v Drinski 19 F3rd 1143 (7th Cir 1994) cert Denied 115 SCt 81 (1994)

(2) The court stated ldquothat to permit every jury in this type of case to hear expert testimony that the defendant would have been uninjured if only the police had been able to use disabling gas or a capture net or a electrical device

(a)A municipality is liable because it failed to buy this equipment

(b)The Constitution does not enact a police administratorrsquos

equipment listlsquordquo

(c) The court ruled that there is no legal precedent that requires an officer to utilize alternatives to deadly force

137Copyrighted by Dave Young

1990

Davis v Mason County 927 F2d 1473 (9th Cir 1991)

aThe court ruled that the department had adequate training on the technical components of the use of force but did not have adequate training on the constitutional limits of the use of force in effecting arrests

138Copyrighted by Dave Young

1990

Davis v Mason County 927 F2d 1473 (9th Cir 1991)

b In other words the officers were trained on the how but not on the why and when the force is appropriate

c Court Recommendation Training should include confrontational scenarios of situations that require decision making then articulation by the officer as to the justification for the force used or not used

139Copyrighted by Dave Young

1990

Quezada v County of Bernalillo 944 F2d 710 (10th Cir 1991)

a The court ruled that an officer might be held liable for putting himself in a situation that requires him to use deadly force against an armed suicidal person

b This case involved an officer who left a position of cover to confront a suicidal subject

140Copyrighted by Dave Young

1990

141

Dave YoungFounder amp Director

ARMA Training

Website wwwarmatrainingcom772-913-1615

copyrighted by Dave Young 1994

Special Partnershipbull Northwest Technical Collegebull Located in Green Bay WIbull All programs are state certified

through a higher learning of education

Chapter 1

History of Specialty Impact Munitions

31

H istory of Specia lty Im pact M un itions

CorrectionsS pecia l C ircum stances

D C TS O R T

Law EnforcementP atro lS W AT

C row d M anagem ent

MilitaryM Ilitary Po lice

S R TC iv il D istu rbance

Specialty Im pact M unitions

>

Kalimba

Mr Scruff

Ninja Tuna track 1

2008

Electronic

34808167

eng - Ninja Tune Records

- Ninja Tune Records

Correctional Use Cell Extraction Special Circumstances (Suicide by Inmate) Covering Chemical Munitions Regaining controlled areas Escorting Inmates Protecting Officers or Formations Protecting the perimeter Protecting Property

32

Law Enforcement Use Individual Targeted Subjects Special Circumstances (Suicide by Cop-

Standoff) Covering Chemical Munitions Regaining controlled areas Special Escorting Details Protecting Officers or Formations Protecting the Perimeter Protecting Property

33

Military Use Individual Targeted Subjects Special Circumstances (Suicide by Cop-Standoff) Covering Chemical Munitions Regaining controlled areas Humanitarian Missions Special Escorting Details Protecting Officers or Formations Protecting the perimeter Protecting Property

34

P O L I C E L I N E

35

Weapon Delivery Zones in Feet

Z O N E 1

Z O N E 3

Z O N E 2

Z O N E 4

Z O N E 5

Serious Threat

Intermediate Threat

Potential Threat

Possible Threat

Unlikely Threat

0 10

10 50

50 100

150100

150 200

Justification of SIM Use

Covering Chemical Munitions

Protecting Formations

Protecting Life and Property

36

Powder Delivery Systems

bull Black Powder ndash Advantages

bullCost EffectivebullMore Rounds AvailablebullCan ONLY be fired in 37MM

37

Powder Delivery Systemsbull Black Powder ndash Disadvantages

bullMost Corrosive to weaponbull Increased Malfunction possibility

bullGive Shooters position awaybullLeast accurate munitions

38

Powder Delivery Systems

bull Smokeless Black Powder ndash Advantages

bullLeast Corrosive to weaponbullReduced Malfunction possibility

bullConceals Shooters position bullMost accurate munitions

39

Powder Delivery Systems

bull Smokeless Powder ndash Disadvantages

bullMost costly munitions

40

Casing Sizes

bull 37MM ndash Usually 8 inch in length Black Powder

bull 3740MM ndash Usually 55 inch in length

Black Powder or Smokeless

bull 40MM ndash Usually 48 in in length Smokeless Powder

41

Chapter 2

Classifications of Specialty Impact Munitions

Classifications of SIM Rounds

43

Low Energy VS High Energy Only need one of both

bull Weatherbull Distance from threat

bull Terrain

Low Energybull Designed to deliver minimal energy to cause slight physical discomfort for pain compliance or mental distraction

44

High Energybull Designed to deliver enough energy to inflict blunt trauma to cause greater physical discomfort and possible incapacitation

45

Low Energy Roundsbull 37MM or 40MM Multiple Rubber

Balls (32 or 60 caliber) or Stinger Ball

bull 37MM or 40MM Multiple Foam Baton bull 40MM Spin Stabilized FoamSponge

Roundbull 12 Gauge Rubber Pellets ndash Marked

Low Velocity 46

47

3132 Caliber Stinger BallsAdditional Information

37mm or 40MM

Black Powder or Smokeless

3132 Caliber Ball (approx)

55 or 8 inch casings

48

4560 Cal Rubber Balls

Additional Information

3740MM

Approx 24 Rubber Balls

Average 325 FPS

49

Foam Baton Rounds

Additional Information 37mm or 40MM Black Powder or Smokeless 35 baton rounds - 55 or 8 inch casings

50

40MM Spin Stabilized Foam Rounds

Additional Information

40MM Sponge Round Smokeless Delivery System

48 inch casings Most accurate round to date Most reliable round

51

Hit with 40MM Spin Stabilized Round 45 feet from Barrel

Notice no rip or tear in clothing

52

Hit with 40 MM Sponge Round 30 feet from Barrel

Within 3 days of being hit

1 hours after being hit

Shooter Sgt Don WeiderLexington SCSheriffrsquos Office

53

Stinger Balls Additional Information

CS ndash CN Powder Filled Launched or Thrown 31 Caliber (approximately 180

RBrsquos)

15 Sec Time delay

54

12 Gauge Rubber Pellets

Description - Cartridge 12ga Sting Balltradereg

Type - Multiple Projectile Rubber Pellets

Velocity - 400 ftsec (Avg) Maximum Effective Range - 50 feetProjectiles - 18 (average)

High Energy Rounds 37 or 40MM Multiple Wooded Baton 37 or 40MM Multiple Rubber Baton 37 or 40MM Bean Bag round 40MM Spin Stabilized FoamSponge

Round 12 Gauge Single 4560 Cal Ball Round 12 Gauge Bean Bag Round

55

56

3740 MM Wooded Baton Rounds

3740 MM

55 or 8 Inch Casings

BlackSmokeless Powder

35 Baton Rounds

57

3740 MM Interlocking Rubber Baton

3740 MM

55 or 8 Inch Casings

BlackSmokeless Powder

35 Baton Rounds

58

3740 MM Mono Rubber Baton

3740 MM

55 or 8 Inch Casings

BlackSmokeless Powder

Single Baton Round

59

3740 MM Pen-Prevent or Super ldquoSOCrdquo Bean Bag Round

Additional Information

Black PowderSmokeless

Glass BeadsSilica Sand Lead Pelts

Aerodynamic or Non-Aerodynamic

60

40MM Spin Stabilized Foam Rounds

Additional Information 40MM Sponge Round Smokeless Delivery System 48 inch casing Most accurate round to date Special Nylon Casing

Only round which can be

effectively fired in all 5 ZONES

61

12 Gauge High Velocity - Rubber Pellets

Description - Cartridge 12ga Sting Balltrade HVreg

Type - Multiple Projectile Rubber Pellets

Velocity - 900 ftsec (Avg) Maximum Effective Range - 60 feet

Projectiles - 18 (average)

62

12 Gauge High Velocity - Tri-Dent 3 Rubber Ball

Description - Cartridge 12ga Sting Balltrade HVreg

Type - Multiple Projectile Rubber Balls

Velocity - 900 ftsec (Avg) Maximum Effective Range - 60 feet

Projectiles - 3

63

12 Gauge ldquoPen Preventrdquo Bean Bag Round

bull Projectile Weight - 40 gmbull Material - Shot filled Ballistic Fiber Reinforced flexible sock

bull Terminal Velocity - 280 fps (average) at 10 yardsreg

bull Accuracy - 4rdquo or better at 40 yards using a cylinder bore Remington 870

64

Categories of Rounds bull Flexible ndash Generally conforms to

surface it hits

bull Non-Flexible - Generally doesnrsquot conforms to surface it hits

bull Ridged ndash Generally shatters or bounces off surface it comes into contact with

65

Chapter 3

Angles of Fire

Angles of Fire Defined as the

aiming point with a

designated round for maximum accuracy

67

Direct Angle bull Direct ndash Directly aimed into the target area

68

TARGET

Indirect Anglebull Indirect ndash Skipped into the target area (Usually 3-6 feet based on terrain)

69

TARGET

Low Angle

bull Low Angle ndash Aimed just outside of point of aim point of impact distance

70

TARGET

High Angle

bull High Angle ndash Aimed in a high arch into target area

71

TARGET

Chapter 4

Cause and Effect

Cause amp Effect of Rounds

bull Mental - Discuss

bull Physical - Discuss

73

Mental Effectsbull Specialty Impact Munitions have a

tremendous MENTAL effect on an individual In many cases the mental effects may far outweigh the physical effects and be the determining factor in the subjectrsquos response or time of incapacitation or distraction ldquoA fear of being shotrdquo

74

Anxietybull The action of pointing a firearm directly at

an individual andor actually firing a projectile

bull The pain and at times the appearance of

the injury may reinforce this belief

bull Instructor Note Can be addressed through training

75

Fearbull Arouses connotations and a fear of having been

shot with a firearm SIMS may cause a powerful mental distraction

bull Mentally the subject must cope with the physiological pain that the body feels

bull Instructor Note Can be addressed through personal experience

76

Panicbull Panic is not a desirable response due to having

less control of the subject or crowd

bull The impact is likely to create fear which may create a fight or flight response

bull Crowds may scatter rendering the intended escape route useless

bull Instructor Note LEAST DESIREABLE RESPONSE

77

Chapter 5

Primary vs Secondary Injuries

Primary vs Secondary Injury

Primary Injury

bull An injury directly caused by the use of force tool use

80

Secondary Injurybull An injury indirectly caused by

the use of force tool use

bull Either from resistance from subject or another officer and or environmental surroundings

81

Flight of a projectile

bull Once leaving barrel seeks equal weight distribution ndash Pan Cakes Saucer Spin

bull Head Wind ndash Round May Dive or Risebull Tail Wind ndash Round may Float or Cork

Screwbull Cross Wind ndash ldquoJrdquo Turn

82

Projectile CalculationWhen the distance of the target

INCREASES it effects

Velocity + Accuracy + Impact = Injury

83

Projectile CalculationWhen the distance of the target

DECREASES it effects

Velocity + Accuracy + Impact = Injury

84

Chapter 6

Target areas when using SIM

Blunt Trauma vs

Penetration Trauma

Blunt Traumabull The MAXIMUM desired effect of an impact munitions is

BLUNT TRAUMA - an impact from an object that leaves the body surface intact but may cause sufficient (non-life threatening) injury to distract control or incapacitate the subject

Stinger Round Injury

Pepperball Injury

Stinger Round Injury87

Types of Blunt Trauma Injuries

bull Abrasions - Skimming the surface skin area

bull Contusions - Injury to the brain

bull Lacerations - Partially hitting the skin surface from the side cutting the surface

88

Continued Blunt Trauma Injuriesbull Fractures - Primary injury when

munition strikes target are directly

bull Secondary injury when munitions strikes target area and causes the body to fall striking another surface indirectly

bull Concussion - Glancing blows or missed target or Falling or collapsing of the subject 89

Penetration Traumabull The unintended and most

undesirable outcome of an SIMS is penetration

bull SIMrsquos can cause Death or serious bodily injury

90

PenetrationPuncture ndash Entering the body

at arsquo90 degree angle breaking

thesurface of the skin

91

Target Areas

Unable to use a striking color baton chart

because the chart was used to identify areas of the body for impact and

injuries for striking a human which is MUCH less

force then deploying Specially Impact

Munitions92

Meat amp Muscle Areas

bull Primary target areas that when striking the human body will cause mild to intense pain with NO LONG LASTING INJURY

93

Primary Target Area ndash the target area

consisting of large muscle groupsbull Buttocks bull Thigh amp Calvesbull Lower Abdominal Areabull BicepsTricepsbull Forearm area

94

Meat amp Bone Areasbull Secondary target areas that when striking the human body will cause mild to intense pain with MINOR to LONG LASTING INJURY

95

Secondary target areas are skeletal areas ndash

preferred - may result in fractures

bull Shoulderbull Kneesbull Anklesbull Wrists bull Elbows

96

Bone amp Sensitive Areasbull Last resort target areas that when

striking the human body will cause intense pain with long lasting injury which MAY RESULT IN SERIOUS BODILY HARM WHICH MAY RESULT IN DEATH

97

Last Resort Target Area ndash the target area when

maximum effectiveness is desired to meet a level of

threat escalating to deadly force justification

bull Head amp Throatbull Chest (center mass)bull Solar plexusbull Groinbull Spinebull Lower back

98

99

100

Clothing

1 In colder climates where heavier clothing and jackets are worn rounds with higher energy capabilities will be required

2 In a case where the subject is lightly dressed pay close attention to munitions selection shot placement and engagement distance

3 In detention facilities and during civil disturbances the subjects may pad themselves in order to defeat the effects of SIM

101

Physical Stature and Condition ndash Is the subject heavy musculature or thin and skeletal age

1 250-pound muscular individual will more than likely be physiologically effected less than a 100-pound individual when both are struck in the sametarget area by SIM

2 The blunt trauma effects and the potential for penetration are much greater for the smallerperson 102

37MM Foam Baton-15 feet=WHOHOW12 ga Rubber Pellets HV- 22 feet= WHOHOW40MM Bean Bag-34 feet=WHOHOW

213

90 to 140 lbs 131 to 185 lbs 186 to 220 lbs (220 to 350+)

103

Immediate Surroundings 1Is there any person in the immediate area who

maybe at risk of a deflected or missed shot

2Identify your target backstop and beyond

104

Chapter 7

Intervention Options

THE FORCE CONTINUUM ndash WHEN TO USE SIMrsquos

bull Ladder of Forcebull Force Continuumbull Circle of Forcebull Force Modularbull Escalation of Force

106

107

OFFICER PRESENCE

bull Uniform Badge bull Dedicated Weapon Displayed

bull On a Slingbull Port Arms bull Ready Carry Position

108

Presence

109

Verbal Commands

bull Please stand over there bull Please sit down on the chairbull Stop put your hands downbull Ending with ldquoDo it nowrdquobull Professional Tone amp Attitude

110

NON-Verbal

111

Verbalization

112

SOFT PHYSICAL TECHNIQUES

bull Slight touching or guiding contact

bull Cupping an elbow to escort Lightly grabbing an arm or shoulder

bull AIMING WEAPON113

Aiming WeaponFinger OFF

Trigger

114

HARD PHYSICAL TECHNIQUES

bull Limb Control Techniquesbull Takedown Ground Stabilizationbull Dynamic Countermeasuresbull Impact Techniquesbull Electrical Devicesbull Hand held impact weapons bull Specialty Impact Munitions

115

Firing the Weapon116

DEADLY FORCE

bull Impact Weaponsbull SIM ndash Changing Aiming Point

bull Neck Restraintbull Firearm

117

Transitioning to

firearm

118

Chapter 8

Documentation

Documentationbull Collect all munitions expended and photographed when practical

ndashEvery CasingndashMark Misfired or Damaged rounds 120

Documentation

bull An inventory of munitions used and not used should be noted

ndashWhat was issued and went out

ndashWhat was fired and misfiredndashWhat was lost and not recovered 121

Documentation

bull A report should be written detailing the order in which the events occurred and the police actions that were required

122

Documentation

bull Report the effectiveness of the various types of SIMrsquos and their delivery systems

ndashWhat did I fire that didnrsquot

ndashWhat did I fire that did123

Documentationbull Document any injuries sustained and property damage incurred

ndashInjuries to SubjectndashOfficersndashBystanders

124

Documentationbull After the crowd has dispersed it

is necessary to move rapidly into the target area to remove lingering groups and to prevent the crowd from regrouping and continuing illegal activity

ndashFollow ThroughndashSecuring the Area

125

LIABILITY ISSUES

The court will decide whether the actions of the officers were

(1)Consistent with the limits set forth by the constitution federal and state laws

(2)Consistent with departmental policy and procedures

(3)Consistent with training the officer received to handle such situations

126

5 Important Questions to ASK

bull What was the distance angle and elevation

bull What was the construction of the round used

bull What was the size of the subjectbull What was the expected point of impactbull What was the training of the shooter

127

Questions the Court will ASK

(1) Look at the conduct of other officers who were present andor participated in the actions

(2) The conduct of supervisors who may have authorized the actions of officers

128

Questions the Court will ASK

(1) Were the actions of the officers consistent with their training

(2) Was the training adequate and acceptable by contemporary standards

If the officers were not trained does it amountto deliberate indifference on the part of the

agency 129

Was the actions of the officer

bull A trained techniquebull Was it a dynamic application of

the trained techniquebull Was it an untrained technique

justified under the circumstances

130

Case Law

Know your laws

Graham v Connor 490 US 386 (1989)

a The US Supreme Court case that defined the standard under which excessive force claims would be judged

(1) The standard established was that of objective reasonableness(2) Prior to this the standard was police behavior that shocks the conscienceldquo

bIn this case the court redefined and set forth a less subjective standard

132Copyrighted by Dave Young

1990

City of Canton v Harris 489 US 378 109 S Ct 1197 (1989)

a In this case a woman was arrested and did not receive necessary medical attention after a shift commander was made aware of her condition and decided she did not need medical attention

b Although on the face the City of Canton policy addressed medical issues they were grossly negligent in that they did not provide the shift commanders with the proper training to make such decisions 133

Copyrighted by Dave Young 1990

City of Canton v Harris 489 US 378 109 S Ct 1197 (1989)

c There were many issues that emerged from this case however the primary issue was that of failure to train on the part of the city That negligence amounted to being deliberately in different to the rights of the plaintiff

The implications of Canton v Harris can also go beyond training issues however the burden of proving the Standard of deliberate indifference is on the plaintiff and not easy to prove

d Court Recommendation The duties that officers are assigned to perform must be accompanied with adequate training to perform that function

134Copyrighted by Dave Young

1990

ONeal v DeKalb County GA 850 F2d 653 (11th Cir 1988)

a A mental subject stabbed 7 people before being confronted by the police After repeatedly ordering the subject to drop the knife and lay on the floor the subject rushed the officers and was shot to death

b The court ruled that the use of deadly force instead of non-lethal force against a knife wielding suspect was not malicious or unreasonable therefore not actionable by the plaintiffs

135Copyrighted by Dave Young

1990

Plakas v Drinski 19 F3rd 1143 (7th Cir 1994) cert Denied 115 S Ct 81 (1994)

This case involved the shooting of a suspect who was

wielding a fire poker When the officer attempted to

arrest him he charged the officer with the fire poker and

was shot by police

(1)Plaintiffs who sued on behalf of the deceased claimed the officer did not use other means of force available to him at that time listing disabling chemical spray a police dog and distance

136Copyrighted by Dave Young

1990

Plakas v Drinski 19 F3rd 1143 (7th Cir 1994) cert Denied 115 SCt 81 (1994)

(2) The court stated ldquothat to permit every jury in this type of case to hear expert testimony that the defendant would have been uninjured if only the police had been able to use disabling gas or a capture net or a electrical device

(a)A municipality is liable because it failed to buy this equipment

(b)The Constitution does not enact a police administratorrsquos

equipment listlsquordquo

(c) The court ruled that there is no legal precedent that requires an officer to utilize alternatives to deadly force

137Copyrighted by Dave Young

1990

Davis v Mason County 927 F2d 1473 (9th Cir 1991)

aThe court ruled that the department had adequate training on the technical components of the use of force but did not have adequate training on the constitutional limits of the use of force in effecting arrests

138Copyrighted by Dave Young

1990

Davis v Mason County 927 F2d 1473 (9th Cir 1991)

b In other words the officers were trained on the how but not on the why and when the force is appropriate

c Court Recommendation Training should include confrontational scenarios of situations that require decision making then articulation by the officer as to the justification for the force used or not used

139Copyrighted by Dave Young

1990

Quezada v County of Bernalillo 944 F2d 710 (10th Cir 1991)

a The court ruled that an officer might be held liable for putting himself in a situation that requires him to use deadly force against an armed suicidal person

b This case involved an officer who left a position of cover to confront a suicidal subject

140Copyrighted by Dave Young

1990

141

Dave YoungFounder amp Director

ARMA Training

Website wwwarmatrainingcom772-913-1615

copyrighted by Dave Young 1994

Chapter 1

History of Specialty Impact Munitions

31

H istory of Specia lty Im pact M un itions

CorrectionsS pecia l C ircum stances

D C TS O R T

Law EnforcementP atro lS W AT

C row d M anagem ent

MilitaryM Ilitary Po lice

S R TC iv il D istu rbance

Specialty Im pact M unitions

>

Kalimba

Mr Scruff

Ninja Tuna track 1

2008

Electronic

34808167

eng - Ninja Tune Records

- Ninja Tune Records

Correctional Use Cell Extraction Special Circumstances (Suicide by Inmate) Covering Chemical Munitions Regaining controlled areas Escorting Inmates Protecting Officers or Formations Protecting the perimeter Protecting Property

32

Law Enforcement Use Individual Targeted Subjects Special Circumstances (Suicide by Cop-

Standoff) Covering Chemical Munitions Regaining controlled areas Special Escorting Details Protecting Officers or Formations Protecting the Perimeter Protecting Property

33

Military Use Individual Targeted Subjects Special Circumstances (Suicide by Cop-Standoff) Covering Chemical Munitions Regaining controlled areas Humanitarian Missions Special Escorting Details Protecting Officers or Formations Protecting the perimeter Protecting Property

34

P O L I C E L I N E

35

Weapon Delivery Zones in Feet

Z O N E 1

Z O N E 3

Z O N E 2

Z O N E 4

Z O N E 5

Serious Threat

Intermediate Threat

Potential Threat

Possible Threat

Unlikely Threat

0 10

10 50

50 100

150100

150 200

Justification of SIM Use

Covering Chemical Munitions

Protecting Formations

Protecting Life and Property

36

Powder Delivery Systems

bull Black Powder ndash Advantages

bullCost EffectivebullMore Rounds AvailablebullCan ONLY be fired in 37MM

37

Powder Delivery Systemsbull Black Powder ndash Disadvantages

bullMost Corrosive to weaponbull Increased Malfunction possibility

bullGive Shooters position awaybullLeast accurate munitions

38

Powder Delivery Systems

bull Smokeless Black Powder ndash Advantages

bullLeast Corrosive to weaponbullReduced Malfunction possibility

bullConceals Shooters position bullMost accurate munitions

39

Powder Delivery Systems

bull Smokeless Powder ndash Disadvantages

bullMost costly munitions

40

Casing Sizes

bull 37MM ndash Usually 8 inch in length Black Powder

bull 3740MM ndash Usually 55 inch in length

Black Powder or Smokeless

bull 40MM ndash Usually 48 in in length Smokeless Powder

41

Chapter 2

Classifications of Specialty Impact Munitions

Classifications of SIM Rounds

43

Low Energy VS High Energy Only need one of both

bull Weatherbull Distance from threat

bull Terrain

Low Energybull Designed to deliver minimal energy to cause slight physical discomfort for pain compliance or mental distraction

44

High Energybull Designed to deliver enough energy to inflict blunt trauma to cause greater physical discomfort and possible incapacitation

45

Low Energy Roundsbull 37MM or 40MM Multiple Rubber

Balls (32 or 60 caliber) or Stinger Ball

bull 37MM or 40MM Multiple Foam Baton bull 40MM Spin Stabilized FoamSponge

Roundbull 12 Gauge Rubber Pellets ndash Marked

Low Velocity 46

47

3132 Caliber Stinger BallsAdditional Information

37mm or 40MM

Black Powder or Smokeless

3132 Caliber Ball (approx)

55 or 8 inch casings

48

4560 Cal Rubber Balls

Additional Information

3740MM

Approx 24 Rubber Balls

Average 325 FPS

49

Foam Baton Rounds

Additional Information 37mm or 40MM Black Powder or Smokeless 35 baton rounds - 55 or 8 inch casings

50

40MM Spin Stabilized Foam Rounds

Additional Information

40MM Sponge Round Smokeless Delivery System

48 inch casings Most accurate round to date Most reliable round

51

Hit with 40MM Spin Stabilized Round 45 feet from Barrel

Notice no rip or tear in clothing

52

Hit with 40 MM Sponge Round 30 feet from Barrel

Within 3 days of being hit

1 hours after being hit

Shooter Sgt Don WeiderLexington SCSheriffrsquos Office

53

Stinger Balls Additional Information

CS ndash CN Powder Filled Launched or Thrown 31 Caliber (approximately 180

RBrsquos)

15 Sec Time delay

54

12 Gauge Rubber Pellets

Description - Cartridge 12ga Sting Balltradereg

Type - Multiple Projectile Rubber Pellets

Velocity - 400 ftsec (Avg) Maximum Effective Range - 50 feetProjectiles - 18 (average)

High Energy Rounds 37 or 40MM Multiple Wooded Baton 37 or 40MM Multiple Rubber Baton 37 or 40MM Bean Bag round 40MM Spin Stabilized FoamSponge

Round 12 Gauge Single 4560 Cal Ball Round 12 Gauge Bean Bag Round

55

56

3740 MM Wooded Baton Rounds

3740 MM

55 or 8 Inch Casings

BlackSmokeless Powder

35 Baton Rounds

57

3740 MM Interlocking Rubber Baton

3740 MM

55 or 8 Inch Casings

BlackSmokeless Powder

35 Baton Rounds

58

3740 MM Mono Rubber Baton

3740 MM

55 or 8 Inch Casings

BlackSmokeless Powder

Single Baton Round

59

3740 MM Pen-Prevent or Super ldquoSOCrdquo Bean Bag Round

Additional Information

Black PowderSmokeless

Glass BeadsSilica Sand Lead Pelts

Aerodynamic or Non-Aerodynamic

60

40MM Spin Stabilized Foam Rounds

Additional Information 40MM Sponge Round Smokeless Delivery System 48 inch casing Most accurate round to date Special Nylon Casing

Only round which can be

effectively fired in all 5 ZONES

61

12 Gauge High Velocity - Rubber Pellets

Description - Cartridge 12ga Sting Balltrade HVreg

Type - Multiple Projectile Rubber Pellets

Velocity - 900 ftsec (Avg) Maximum Effective Range - 60 feet

Projectiles - 18 (average)

62

12 Gauge High Velocity - Tri-Dent 3 Rubber Ball

Description - Cartridge 12ga Sting Balltrade HVreg

Type - Multiple Projectile Rubber Balls

Velocity - 900 ftsec (Avg) Maximum Effective Range - 60 feet

Projectiles - 3

63

12 Gauge ldquoPen Preventrdquo Bean Bag Round

bull Projectile Weight - 40 gmbull Material - Shot filled Ballistic Fiber Reinforced flexible sock

bull Terminal Velocity - 280 fps (average) at 10 yardsreg

bull Accuracy - 4rdquo or better at 40 yards using a cylinder bore Remington 870

64

Categories of Rounds bull Flexible ndash Generally conforms to

surface it hits

bull Non-Flexible - Generally doesnrsquot conforms to surface it hits

bull Ridged ndash Generally shatters or bounces off surface it comes into contact with

65

Chapter 3

Angles of Fire

Angles of Fire Defined as the

aiming point with a

designated round for maximum accuracy

67

Direct Angle bull Direct ndash Directly aimed into the target area

68

TARGET

Indirect Anglebull Indirect ndash Skipped into the target area (Usually 3-6 feet based on terrain)

69

TARGET

Low Angle

bull Low Angle ndash Aimed just outside of point of aim point of impact distance

70

TARGET

High Angle

bull High Angle ndash Aimed in a high arch into target area

71

TARGET

Chapter 4

Cause and Effect

Cause amp Effect of Rounds

bull Mental - Discuss

bull Physical - Discuss

73

Mental Effectsbull Specialty Impact Munitions have a

tremendous MENTAL effect on an individual In many cases the mental effects may far outweigh the physical effects and be the determining factor in the subjectrsquos response or time of incapacitation or distraction ldquoA fear of being shotrdquo

74

Anxietybull The action of pointing a firearm directly at

an individual andor actually firing a projectile

bull The pain and at times the appearance of

the injury may reinforce this belief

bull Instructor Note Can be addressed through training

75

Fearbull Arouses connotations and a fear of having been

shot with a firearm SIMS may cause a powerful mental distraction

bull Mentally the subject must cope with the physiological pain that the body feels

bull Instructor Note Can be addressed through personal experience

76

Panicbull Panic is not a desirable response due to having

less control of the subject or crowd

bull The impact is likely to create fear which may create a fight or flight response

bull Crowds may scatter rendering the intended escape route useless

bull Instructor Note LEAST DESIREABLE RESPONSE

77

Chapter 5

Primary vs Secondary Injuries

Primary vs Secondary Injury

Primary Injury

bull An injury directly caused by the use of force tool use

80

Secondary Injurybull An injury indirectly caused by

the use of force tool use

bull Either from resistance from subject or another officer and or environmental surroundings

81

Flight of a projectile

bull Once leaving barrel seeks equal weight distribution ndash Pan Cakes Saucer Spin

bull Head Wind ndash Round May Dive or Risebull Tail Wind ndash Round may Float or Cork

Screwbull Cross Wind ndash ldquoJrdquo Turn

82

Projectile CalculationWhen the distance of the target

INCREASES it effects

Velocity + Accuracy + Impact = Injury

83

Projectile CalculationWhen the distance of the target

DECREASES it effects

Velocity + Accuracy + Impact = Injury

84

Chapter 6

Target areas when using SIM

Blunt Trauma vs

Penetration Trauma

Blunt Traumabull The MAXIMUM desired effect of an impact munitions is

BLUNT TRAUMA - an impact from an object that leaves the body surface intact but may cause sufficient (non-life threatening) injury to distract control or incapacitate the subject

Stinger Round Injury

Pepperball Injury

Stinger Round Injury87

Types of Blunt Trauma Injuries

bull Abrasions - Skimming the surface skin area

bull Contusions - Injury to the brain

bull Lacerations - Partially hitting the skin surface from the side cutting the surface

88

Continued Blunt Trauma Injuriesbull Fractures - Primary injury when

munition strikes target are directly

bull Secondary injury when munitions strikes target area and causes the body to fall striking another surface indirectly

bull Concussion - Glancing blows or missed target or Falling or collapsing of the subject 89

Penetration Traumabull The unintended and most

undesirable outcome of an SIMS is penetration

bull SIMrsquos can cause Death or serious bodily injury

90

PenetrationPuncture ndash Entering the body

at arsquo90 degree angle breaking

thesurface of the skin

91

Target Areas

Unable to use a striking color baton chart

because the chart was used to identify areas of the body for impact and

injuries for striking a human which is MUCH less

force then deploying Specially Impact

Munitions92

Meat amp Muscle Areas

bull Primary target areas that when striking the human body will cause mild to intense pain with NO LONG LASTING INJURY

93

Primary Target Area ndash the target area

consisting of large muscle groupsbull Buttocks bull Thigh amp Calvesbull Lower Abdominal Areabull BicepsTricepsbull Forearm area

94

Meat amp Bone Areasbull Secondary target areas that when striking the human body will cause mild to intense pain with MINOR to LONG LASTING INJURY

95

Secondary target areas are skeletal areas ndash

preferred - may result in fractures

bull Shoulderbull Kneesbull Anklesbull Wrists bull Elbows

96

Bone amp Sensitive Areasbull Last resort target areas that when

striking the human body will cause intense pain with long lasting injury which MAY RESULT IN SERIOUS BODILY HARM WHICH MAY RESULT IN DEATH

97

Last Resort Target Area ndash the target area when

maximum effectiveness is desired to meet a level of

threat escalating to deadly force justification

bull Head amp Throatbull Chest (center mass)bull Solar plexusbull Groinbull Spinebull Lower back

98

99

100

Clothing

1 In colder climates where heavier clothing and jackets are worn rounds with higher energy capabilities will be required

2 In a case where the subject is lightly dressed pay close attention to munitions selection shot placement and engagement distance

3 In detention facilities and during civil disturbances the subjects may pad themselves in order to defeat the effects of SIM

101

Physical Stature and Condition ndash Is the subject heavy musculature or thin and skeletal age

1 250-pound muscular individual will more than likely be physiologically effected less than a 100-pound individual when both are struck in the sametarget area by SIM

2 The blunt trauma effects and the potential for penetration are much greater for the smallerperson 102

37MM Foam Baton-15 feet=WHOHOW12 ga Rubber Pellets HV- 22 feet= WHOHOW40MM Bean Bag-34 feet=WHOHOW

213

90 to 140 lbs 131 to 185 lbs 186 to 220 lbs (220 to 350+)

103

Immediate Surroundings 1Is there any person in the immediate area who

maybe at risk of a deflected or missed shot

2Identify your target backstop and beyond

104

Chapter 7

Intervention Options

THE FORCE CONTINUUM ndash WHEN TO USE SIMrsquos

bull Ladder of Forcebull Force Continuumbull Circle of Forcebull Force Modularbull Escalation of Force

106

107

OFFICER PRESENCE

bull Uniform Badge bull Dedicated Weapon Displayed

bull On a Slingbull Port Arms bull Ready Carry Position

108

Presence

109

Verbal Commands

bull Please stand over there bull Please sit down on the chairbull Stop put your hands downbull Ending with ldquoDo it nowrdquobull Professional Tone amp Attitude

110

NON-Verbal

111

Verbalization

112

SOFT PHYSICAL TECHNIQUES

bull Slight touching or guiding contact

bull Cupping an elbow to escort Lightly grabbing an arm or shoulder

bull AIMING WEAPON113

Aiming WeaponFinger OFF

Trigger

114

HARD PHYSICAL TECHNIQUES

bull Limb Control Techniquesbull Takedown Ground Stabilizationbull Dynamic Countermeasuresbull Impact Techniquesbull Electrical Devicesbull Hand held impact weapons bull Specialty Impact Munitions

115

Firing the Weapon116

DEADLY FORCE

bull Impact Weaponsbull SIM ndash Changing Aiming Point

bull Neck Restraintbull Firearm

117

Transitioning to

firearm

118

Chapter 8

Documentation

Documentationbull Collect all munitions expended and photographed when practical

ndashEvery CasingndashMark Misfired or Damaged rounds 120

Documentation

bull An inventory of munitions used and not used should be noted

ndashWhat was issued and went out

ndashWhat was fired and misfiredndashWhat was lost and not recovered 121

Documentation

bull A report should be written detailing the order in which the events occurred and the police actions that were required

122

Documentation

bull Report the effectiveness of the various types of SIMrsquos and their delivery systems

ndashWhat did I fire that didnrsquot

ndashWhat did I fire that did123

Documentationbull Document any injuries sustained and property damage incurred

ndashInjuries to SubjectndashOfficersndashBystanders

124

Documentationbull After the crowd has dispersed it

is necessary to move rapidly into the target area to remove lingering groups and to prevent the crowd from regrouping and continuing illegal activity

ndashFollow ThroughndashSecuring the Area

125

LIABILITY ISSUES

The court will decide whether the actions of the officers were

(1)Consistent with the limits set forth by the constitution federal and state laws

(2)Consistent with departmental policy and procedures

(3)Consistent with training the officer received to handle such situations

126

5 Important Questions to ASK

bull What was the distance angle and elevation

bull What was the construction of the round used

bull What was the size of the subjectbull What was the expected point of impactbull What was the training of the shooter

127

Questions the Court will ASK

(1) Look at the conduct of other officers who were present andor participated in the actions

(2) The conduct of supervisors who may have authorized the actions of officers

128

Questions the Court will ASK

(1) Were the actions of the officers consistent with their training

(2) Was the training adequate and acceptable by contemporary standards

If the officers were not trained does it amountto deliberate indifference on the part of the

agency 129

Was the actions of the officer

bull A trained techniquebull Was it a dynamic application of

the trained techniquebull Was it an untrained technique

justified under the circumstances

130

Case Law

Know your laws

Graham v Connor 490 US 386 (1989)

a The US Supreme Court case that defined the standard under which excessive force claims would be judged

(1) The standard established was that of objective reasonableness(2) Prior to this the standard was police behavior that shocks the conscienceldquo

bIn this case the court redefined and set forth a less subjective standard

132Copyrighted by Dave Young

1990

City of Canton v Harris 489 US 378 109 S Ct 1197 (1989)

a In this case a woman was arrested and did not receive necessary medical attention after a shift commander was made aware of her condition and decided she did not need medical attention

b Although on the face the City of Canton policy addressed medical issues they were grossly negligent in that they did not provide the shift commanders with the proper training to make such decisions 133

Copyrighted by Dave Young 1990

City of Canton v Harris 489 US 378 109 S Ct 1197 (1989)

c There were many issues that emerged from this case however the primary issue was that of failure to train on the part of the city That negligence amounted to being deliberately in different to the rights of the plaintiff

The implications of Canton v Harris can also go beyond training issues however the burden of proving the Standard of deliberate indifference is on the plaintiff and not easy to prove

d Court Recommendation The duties that officers are assigned to perform must be accompanied with adequate training to perform that function

134Copyrighted by Dave Young

1990

ONeal v DeKalb County GA 850 F2d 653 (11th Cir 1988)

a A mental subject stabbed 7 people before being confronted by the police After repeatedly ordering the subject to drop the knife and lay on the floor the subject rushed the officers and was shot to death

b The court ruled that the use of deadly force instead of non-lethal force against a knife wielding suspect was not malicious or unreasonable therefore not actionable by the plaintiffs

135Copyrighted by Dave Young

1990

Plakas v Drinski 19 F3rd 1143 (7th Cir 1994) cert Denied 115 S Ct 81 (1994)

This case involved the shooting of a suspect who was

wielding a fire poker When the officer attempted to

arrest him he charged the officer with the fire poker and

was shot by police

(1)Plaintiffs who sued on behalf of the deceased claimed the officer did not use other means of force available to him at that time listing disabling chemical spray a police dog and distance

136Copyrighted by Dave Young

1990

Plakas v Drinski 19 F3rd 1143 (7th Cir 1994) cert Denied 115 SCt 81 (1994)

(2) The court stated ldquothat to permit every jury in this type of case to hear expert testimony that the defendant would have been uninjured if only the police had been able to use disabling gas or a capture net or a electrical device

(a)A municipality is liable because it failed to buy this equipment

(b)The Constitution does not enact a police administratorrsquos

equipment listlsquordquo

(c) The court ruled that there is no legal precedent that requires an officer to utilize alternatives to deadly force

137Copyrighted by Dave Young

1990

Davis v Mason County 927 F2d 1473 (9th Cir 1991)

aThe court ruled that the department had adequate training on the technical components of the use of force but did not have adequate training on the constitutional limits of the use of force in effecting arrests

138Copyrighted by Dave Young

1990

Davis v Mason County 927 F2d 1473 (9th Cir 1991)

b In other words the officers were trained on the how but not on the why and when the force is appropriate

c Court Recommendation Training should include confrontational scenarios of situations that require decision making then articulation by the officer as to the justification for the force used or not used

139Copyrighted by Dave Young

1990

Quezada v County of Bernalillo 944 F2d 710 (10th Cir 1991)

a The court ruled that an officer might be held liable for putting himself in a situation that requires him to use deadly force against an armed suicidal person

b This case involved an officer who left a position of cover to confront a suicidal subject

140Copyrighted by Dave Young

1990

141

Dave YoungFounder amp Director

ARMA Training

Website wwwarmatrainingcom772-913-1615

copyrighted by Dave Young 1994

31

H istory of Specia lty Im pact M un itions

CorrectionsS pecia l C ircum stances

D C TS O R T

Law EnforcementP atro lS W AT

C row d M anagem ent

MilitaryM Ilitary Po lice

S R TC iv il D istu rbance

Specialty Im pact M unitions

>

Kalimba

Mr Scruff

Ninja Tuna track 1

2008

Electronic

34808167

eng - Ninja Tune Records

- Ninja Tune Records

Correctional Use Cell Extraction Special Circumstances (Suicide by Inmate) Covering Chemical Munitions Regaining controlled areas Escorting Inmates Protecting Officers or Formations Protecting the perimeter Protecting Property

32

Law Enforcement Use Individual Targeted Subjects Special Circumstances (Suicide by Cop-

Standoff) Covering Chemical Munitions Regaining controlled areas Special Escorting Details Protecting Officers or Formations Protecting the Perimeter Protecting Property

33

Military Use Individual Targeted Subjects Special Circumstances (Suicide by Cop-Standoff) Covering Chemical Munitions Regaining controlled areas Humanitarian Missions Special Escorting Details Protecting Officers or Formations Protecting the perimeter Protecting Property

34

P O L I C E L I N E

35

Weapon Delivery Zones in Feet

Z O N E 1

Z O N E 3

Z O N E 2

Z O N E 4

Z O N E 5

Serious Threat

Intermediate Threat

Potential Threat

Possible Threat

Unlikely Threat

0 10

10 50

50 100

150100

150 200

Justification of SIM Use

Covering Chemical Munitions

Protecting Formations

Protecting Life and Property

36

Powder Delivery Systems

bull Black Powder ndash Advantages

bullCost EffectivebullMore Rounds AvailablebullCan ONLY be fired in 37MM

37

Powder Delivery Systemsbull Black Powder ndash Disadvantages

bullMost Corrosive to weaponbull Increased Malfunction possibility

bullGive Shooters position awaybullLeast accurate munitions

38

Powder Delivery Systems

bull Smokeless Black Powder ndash Advantages

bullLeast Corrosive to weaponbullReduced Malfunction possibility

bullConceals Shooters position bullMost accurate munitions

39

Powder Delivery Systems

bull Smokeless Powder ndash Disadvantages

bullMost costly munitions

40

Casing Sizes

bull 37MM ndash Usually 8 inch in length Black Powder

bull 3740MM ndash Usually 55 inch in length

Black Powder or Smokeless

bull 40MM ndash Usually 48 in in length Smokeless Powder

41

Chapter 2

Classifications of Specialty Impact Munitions

Classifications of SIM Rounds

43

Low Energy VS High Energy Only need one of both

bull Weatherbull Distance from threat

bull Terrain

Low Energybull Designed to deliver minimal energy to cause slight physical discomfort for pain compliance or mental distraction

44

High Energybull Designed to deliver enough energy to inflict blunt trauma to cause greater physical discomfort and possible incapacitation

45

Low Energy Roundsbull 37MM or 40MM Multiple Rubber

Balls (32 or 60 caliber) or Stinger Ball

bull 37MM or 40MM Multiple Foam Baton bull 40MM Spin Stabilized FoamSponge

Roundbull 12 Gauge Rubber Pellets ndash Marked

Low Velocity 46

47

3132 Caliber Stinger BallsAdditional Information

37mm or 40MM

Black Powder or Smokeless

3132 Caliber Ball (approx)

55 or 8 inch casings

48

4560 Cal Rubber Balls

Additional Information

3740MM

Approx 24 Rubber Balls

Average 325 FPS

49

Foam Baton Rounds

Additional Information 37mm or 40MM Black Powder or Smokeless 35 baton rounds - 55 or 8 inch casings

50

40MM Spin Stabilized Foam Rounds

Additional Information

40MM Sponge Round Smokeless Delivery System

48 inch casings Most accurate round to date Most reliable round

51

Hit with 40MM Spin Stabilized Round 45 feet from Barrel

Notice no rip or tear in clothing

52

Hit with 40 MM Sponge Round 30 feet from Barrel

Within 3 days of being hit

1 hours after being hit

Shooter Sgt Don WeiderLexington SCSheriffrsquos Office

53

Stinger Balls Additional Information

CS ndash CN Powder Filled Launched or Thrown 31 Caliber (approximately 180

RBrsquos)

15 Sec Time delay

54

12 Gauge Rubber Pellets

Description - Cartridge 12ga Sting Balltradereg

Type - Multiple Projectile Rubber Pellets

Velocity - 400 ftsec (Avg) Maximum Effective Range - 50 feetProjectiles - 18 (average)

High Energy Rounds 37 or 40MM Multiple Wooded Baton 37 or 40MM Multiple Rubber Baton 37 or 40MM Bean Bag round 40MM Spin Stabilized FoamSponge

Round 12 Gauge Single 4560 Cal Ball Round 12 Gauge Bean Bag Round

55

56

3740 MM Wooded Baton Rounds

3740 MM

55 or 8 Inch Casings

BlackSmokeless Powder

35 Baton Rounds

57

3740 MM Interlocking Rubber Baton

3740 MM

55 or 8 Inch Casings

BlackSmokeless Powder

35 Baton Rounds

58

3740 MM Mono Rubber Baton

3740 MM

55 or 8 Inch Casings

BlackSmokeless Powder

Single Baton Round

59

3740 MM Pen-Prevent or Super ldquoSOCrdquo Bean Bag Round

Additional Information

Black PowderSmokeless

Glass BeadsSilica Sand Lead Pelts

Aerodynamic or Non-Aerodynamic

60

40MM Spin Stabilized Foam Rounds

Additional Information 40MM Sponge Round Smokeless Delivery System 48 inch casing Most accurate round to date Special Nylon Casing

Only round which can be

effectively fired in all 5 ZONES

61

12 Gauge High Velocity - Rubber Pellets

Description - Cartridge 12ga Sting Balltrade HVreg

Type - Multiple Projectile Rubber Pellets

Velocity - 900 ftsec (Avg) Maximum Effective Range - 60 feet

Projectiles - 18 (average)

62

12 Gauge High Velocity - Tri-Dent 3 Rubber Ball

Description - Cartridge 12ga Sting Balltrade HVreg

Type - Multiple Projectile Rubber Balls

Velocity - 900 ftsec (Avg) Maximum Effective Range - 60 feet

Projectiles - 3

63

12 Gauge ldquoPen Preventrdquo Bean Bag Round

bull Projectile Weight - 40 gmbull Material - Shot filled Ballistic Fiber Reinforced flexible sock

bull Terminal Velocity - 280 fps (average) at 10 yardsreg

bull Accuracy - 4rdquo or better at 40 yards using a cylinder bore Remington 870

64

Categories of Rounds bull Flexible ndash Generally conforms to

surface it hits

bull Non-Flexible - Generally doesnrsquot conforms to surface it hits

bull Ridged ndash Generally shatters or bounces off surface it comes into contact with

65

Chapter 3

Angles of Fire

Angles of Fire Defined as the

aiming point with a

designated round for maximum accuracy

67

Direct Angle bull Direct ndash Directly aimed into the target area

68

TARGET

Indirect Anglebull Indirect ndash Skipped into the target area (Usually 3-6 feet based on terrain)

69

TARGET

Low Angle

bull Low Angle ndash Aimed just outside of point of aim point of impact distance

70

TARGET

High Angle

bull High Angle ndash Aimed in a high arch into target area

71

TARGET

Chapter 4

Cause and Effect

Cause amp Effect of Rounds

bull Mental - Discuss

bull Physical - Discuss

73

Mental Effectsbull Specialty Impact Munitions have a

tremendous MENTAL effect on an individual In many cases the mental effects may far outweigh the physical effects and be the determining factor in the subjectrsquos response or time of incapacitation or distraction ldquoA fear of being shotrdquo

74

Anxietybull The action of pointing a firearm directly at

an individual andor actually firing a projectile

bull The pain and at times the appearance of

the injury may reinforce this belief

bull Instructor Note Can be addressed through training

75

Fearbull Arouses connotations and a fear of having been

shot with a firearm SIMS may cause a powerful mental distraction

bull Mentally the subject must cope with the physiological pain that the body feels

bull Instructor Note Can be addressed through personal experience

76

Panicbull Panic is not a desirable response due to having

less control of the subject or crowd

bull The impact is likely to create fear which may create a fight or flight response

bull Crowds may scatter rendering the intended escape route useless

bull Instructor Note LEAST DESIREABLE RESPONSE

77

Chapter 5

Primary vs Secondary Injuries

Primary vs Secondary Injury

Primary Injury

bull An injury directly caused by the use of force tool use

80

Secondary Injurybull An injury indirectly caused by

the use of force tool use

bull Either from resistance from subject or another officer and or environmental surroundings

81

Flight of a projectile

bull Once leaving barrel seeks equal weight distribution ndash Pan Cakes Saucer Spin

bull Head Wind ndash Round May Dive or Risebull Tail Wind ndash Round may Float or Cork

Screwbull Cross Wind ndash ldquoJrdquo Turn

82

Projectile CalculationWhen the distance of the target

INCREASES it effects

Velocity + Accuracy + Impact = Injury

83

Projectile CalculationWhen the distance of the target

DECREASES it effects

Velocity + Accuracy + Impact = Injury

84

Chapter 6

Target areas when using SIM

Blunt Trauma vs

Penetration Trauma

Blunt Traumabull The MAXIMUM desired effect of an impact munitions is

BLUNT TRAUMA - an impact from an object that leaves the body surface intact but may cause sufficient (non-life threatening) injury to distract control or incapacitate the subject

Stinger Round Injury

Pepperball Injury

Stinger Round Injury87

Types of Blunt Trauma Injuries

bull Abrasions - Skimming the surface skin area

bull Contusions - Injury to the brain

bull Lacerations - Partially hitting the skin surface from the side cutting the surface

88

Continued Blunt Trauma Injuriesbull Fractures - Primary injury when

munition strikes target are directly

bull Secondary injury when munitions strikes target area and causes the body to fall striking another surface indirectly

bull Concussion - Glancing blows or missed target or Falling or collapsing of the subject 89

Penetration Traumabull The unintended and most

undesirable outcome of an SIMS is penetration

bull SIMrsquos can cause Death or serious bodily injury

90

PenetrationPuncture ndash Entering the body

at arsquo90 degree angle breaking

thesurface of the skin

91

Target Areas

Unable to use a striking color baton chart

because the chart was used to identify areas of the body for impact and

injuries for striking a human which is MUCH less

force then deploying Specially Impact

Munitions92

Meat amp Muscle Areas

bull Primary target areas that when striking the human body will cause mild to intense pain with NO LONG LASTING INJURY

93

Primary Target Area ndash the target area

consisting of large muscle groupsbull Buttocks bull Thigh amp Calvesbull Lower Abdominal Areabull BicepsTricepsbull Forearm area

94

Meat amp Bone Areasbull Secondary target areas that when striking the human body will cause mild to intense pain with MINOR to LONG LASTING INJURY

95

Secondary target areas are skeletal areas ndash

preferred - may result in fractures

bull Shoulderbull Kneesbull Anklesbull Wrists bull Elbows

96

Bone amp Sensitive Areasbull Last resort target areas that when

striking the human body will cause intense pain with long lasting injury which MAY RESULT IN SERIOUS BODILY HARM WHICH MAY RESULT IN DEATH

97

Last Resort Target Area ndash the target area when

maximum effectiveness is desired to meet a level of

threat escalating to deadly force justification

bull Head amp Throatbull Chest (center mass)bull Solar plexusbull Groinbull Spinebull Lower back

98

99

100

Clothing

1 In colder climates where heavier clothing and jackets are worn rounds with higher energy capabilities will be required

2 In a case where the subject is lightly dressed pay close attention to munitions selection shot placement and engagement distance

3 In detention facilities and during civil disturbances the subjects may pad themselves in order to defeat the effects of SIM

101

Physical Stature and Condition ndash Is the subject heavy musculature or thin and skeletal age

1 250-pound muscular individual will more than likely be physiologically effected less than a 100-pound individual when both are struck in the sametarget area by SIM

2 The blunt trauma effects and the potential for penetration are much greater for the smallerperson 102

37MM Foam Baton-15 feet=WHOHOW12 ga Rubber Pellets HV- 22 feet= WHOHOW40MM Bean Bag-34 feet=WHOHOW

213

90 to 140 lbs 131 to 185 lbs 186 to 220 lbs (220 to 350+)

103

Immediate Surroundings 1Is there any person in the immediate area who

maybe at risk of a deflected or missed shot

2Identify your target backstop and beyond

104

Chapter 7

Intervention Options

THE FORCE CONTINUUM ndash WHEN TO USE SIMrsquos

bull Ladder of Forcebull Force Continuumbull Circle of Forcebull Force Modularbull Escalation of Force

106

107

OFFICER PRESENCE

bull Uniform Badge bull Dedicated Weapon Displayed

bull On a Slingbull Port Arms bull Ready Carry Position

108

Presence

109

Verbal Commands

bull Please stand over there bull Please sit down on the chairbull Stop put your hands downbull Ending with ldquoDo it nowrdquobull Professional Tone amp Attitude

110

NON-Verbal

111

Verbalization

112

SOFT PHYSICAL TECHNIQUES

bull Slight touching or guiding contact

bull Cupping an elbow to escort Lightly grabbing an arm or shoulder

bull AIMING WEAPON113

Aiming WeaponFinger OFF

Trigger

114

HARD PHYSICAL TECHNIQUES

bull Limb Control Techniquesbull Takedown Ground Stabilizationbull Dynamic Countermeasuresbull Impact Techniquesbull Electrical Devicesbull Hand held impact weapons bull Specialty Impact Munitions

115

Firing the Weapon116

DEADLY FORCE

bull Impact Weaponsbull SIM ndash Changing Aiming Point

bull Neck Restraintbull Firearm

117

Transitioning to

firearm

118

Chapter 8

Documentation

Documentationbull Collect all munitions expended and photographed when practical

ndashEvery CasingndashMark Misfired or Damaged rounds 120

Documentation

bull An inventory of munitions used and not used should be noted

ndashWhat was issued and went out

ndashWhat was fired and misfiredndashWhat was lost and not recovered 121

Documentation

bull A report should be written detailing the order in which the events occurred and the police actions that were required

122

Documentation

bull Report the effectiveness of the various types of SIMrsquos and their delivery systems

ndashWhat did I fire that didnrsquot

ndashWhat did I fire that did123

Documentationbull Document any injuries sustained and property damage incurred

ndashInjuries to SubjectndashOfficersndashBystanders

124

Documentationbull After the crowd has dispersed it

is necessary to move rapidly into the target area to remove lingering groups and to prevent the crowd from regrouping and continuing illegal activity

ndashFollow ThroughndashSecuring the Area

125

LIABILITY ISSUES

The court will decide whether the actions of the officers were

(1)Consistent with the limits set forth by the constitution federal and state laws

(2)Consistent with departmental policy and procedures

(3)Consistent with training the officer received to handle such situations

126

5 Important Questions to ASK

bull What was the distance angle and elevation

bull What was the construction of the round used

bull What was the size of the subjectbull What was the expected point of impactbull What was the training of the shooter

127

Questions the Court will ASK

(1) Look at the conduct of other officers who were present andor participated in the actions

(2) The conduct of supervisors who may have authorized the actions of officers

128

Questions the Court will ASK

(1) Were the actions of the officers consistent with their training

(2) Was the training adequate and acceptable by contemporary standards

If the officers were not trained does it amountto deliberate indifference on the part of the

agency 129

Was the actions of the officer

bull A trained techniquebull Was it a dynamic application of

the trained techniquebull Was it an untrained technique

justified under the circumstances

130

Case Law

Know your laws

Graham v Connor 490 US 386 (1989)

a The US Supreme Court case that defined the standard under which excessive force claims would be judged

(1) The standard established was that of objective reasonableness(2) Prior to this the standard was police behavior that shocks the conscienceldquo

bIn this case the court redefined and set forth a less subjective standard

132Copyrighted by Dave Young

1990

City of Canton v Harris 489 US 378 109 S Ct 1197 (1989)

a In this case a woman was arrested and did not receive necessary medical attention after a shift commander was made aware of her condition and decided she did not need medical attention

b Although on the face the City of Canton policy addressed medical issues they were grossly negligent in that they did not provide the shift commanders with the proper training to make such decisions 133

Copyrighted by Dave Young 1990

City of Canton v Harris 489 US 378 109 S Ct 1197 (1989)

c There were many issues that emerged from this case however the primary issue was that of failure to train on the part of the city That negligence amounted to being deliberately in different to the rights of the plaintiff

The implications of Canton v Harris can also go beyond training issues however the burden of proving the Standard of deliberate indifference is on the plaintiff and not easy to prove

d Court Recommendation The duties that officers are assigned to perform must be accompanied with adequate training to perform that function

134Copyrighted by Dave Young

1990

ONeal v DeKalb County GA 850 F2d 653 (11th Cir 1988)

a A mental subject stabbed 7 people before being confronted by the police After repeatedly ordering the subject to drop the knife and lay on the floor the subject rushed the officers and was shot to death

b The court ruled that the use of deadly force instead of non-lethal force against a knife wielding suspect was not malicious or unreasonable therefore not actionable by the plaintiffs

135Copyrighted by Dave Young

1990

Plakas v Drinski 19 F3rd 1143 (7th Cir 1994) cert Denied 115 S Ct 81 (1994)

This case involved the shooting of a suspect who was

wielding a fire poker When the officer attempted to

arrest him he charged the officer with the fire poker and

was shot by police

(1)Plaintiffs who sued on behalf of the deceased claimed the officer did not use other means of force available to him at that time listing disabling chemical spray a police dog and distance

136Copyrighted by Dave Young

1990

Plakas v Drinski 19 F3rd 1143 (7th Cir 1994) cert Denied 115 SCt 81 (1994)

(2) The court stated ldquothat to permit every jury in this type of case to hear expert testimony that the defendant would have been uninjured if only the police had been able to use disabling gas or a capture net or a electrical device

(a)A municipality is liable because it failed to buy this equipment

(b)The Constitution does not enact a police administratorrsquos

equipment listlsquordquo

(c) The court ruled that there is no legal precedent that requires an officer to utilize alternatives to deadly force

137Copyrighted by Dave Young

1990

Davis v Mason County 927 F2d 1473 (9th Cir 1991)

aThe court ruled that the department had adequate training on the technical components of the use of force but did not have adequate training on the constitutional limits of the use of force in effecting arrests

138Copyrighted by Dave Young

1990

Davis v Mason County 927 F2d 1473 (9th Cir 1991)

b In other words the officers were trained on the how but not on the why and when the force is appropriate

c Court Recommendation Training should include confrontational scenarios of situations that require decision making then articulation by the officer as to the justification for the force used or not used

139Copyrighted by Dave Young

1990

Quezada v County of Bernalillo 944 F2d 710 (10th Cir 1991)

a The court ruled that an officer might be held liable for putting himself in a situation that requires him to use deadly force against an armed suicidal person

b This case involved an officer who left a position of cover to confront a suicidal subject

140Copyrighted by Dave Young

1990

141

Dave YoungFounder amp Director

ARMA Training

Website wwwarmatrainingcom772-913-1615

copyrighted by Dave Young 1994

Correctional Use Cell Extraction Special Circumstances (Suicide by Inmate) Covering Chemical Munitions Regaining controlled areas Escorting Inmates Protecting Officers or Formations Protecting the perimeter Protecting Property

32

Law Enforcement Use Individual Targeted Subjects Special Circumstances (Suicide by Cop-

Standoff) Covering Chemical Munitions Regaining controlled areas Special Escorting Details Protecting Officers or Formations Protecting the Perimeter Protecting Property

33

Military Use Individual Targeted Subjects Special Circumstances (Suicide by Cop-Standoff) Covering Chemical Munitions Regaining controlled areas Humanitarian Missions Special Escorting Details Protecting Officers or Formations Protecting the perimeter Protecting Property

34

P O L I C E L I N E

35

Weapon Delivery Zones in Feet

Z O N E 1

Z O N E 3

Z O N E 2

Z O N E 4

Z O N E 5

Serious Threat

Intermediate Threat

Potential Threat

Possible Threat

Unlikely Threat

0 10

10 50

50 100

150100

150 200

Justification of SIM Use

Covering Chemical Munitions

Protecting Formations

Protecting Life and Property

36

Powder Delivery Systems

bull Black Powder ndash Advantages

bullCost EffectivebullMore Rounds AvailablebullCan ONLY be fired in 37MM

37

Powder Delivery Systemsbull Black Powder ndash Disadvantages

bullMost Corrosive to weaponbull Increased Malfunction possibility

bullGive Shooters position awaybullLeast accurate munitions

38

Powder Delivery Systems

bull Smokeless Black Powder ndash Advantages

bullLeast Corrosive to weaponbullReduced Malfunction possibility

bullConceals Shooters position bullMost accurate munitions

39

Powder Delivery Systems

bull Smokeless Powder ndash Disadvantages

bullMost costly munitions

40

Casing Sizes

bull 37MM ndash Usually 8 inch in length Black Powder

bull 3740MM ndash Usually 55 inch in length

Black Powder or Smokeless

bull 40MM ndash Usually 48 in in length Smokeless Powder

41

Chapter 2

Classifications of Specialty Impact Munitions

Classifications of SIM Rounds

43

Low Energy VS High Energy Only need one of both

bull Weatherbull Distance from threat

bull Terrain

Low Energybull Designed to deliver minimal energy to cause slight physical discomfort for pain compliance or mental distraction

44

High Energybull Designed to deliver enough energy to inflict blunt trauma to cause greater physical discomfort and possible incapacitation

45

Low Energy Roundsbull 37MM or 40MM Multiple Rubber

Balls (32 or 60 caliber) or Stinger Ball

bull 37MM or 40MM Multiple Foam Baton bull 40MM Spin Stabilized FoamSponge

Roundbull 12 Gauge Rubber Pellets ndash Marked

Low Velocity 46

47

3132 Caliber Stinger BallsAdditional Information

37mm or 40MM

Black Powder or Smokeless

3132 Caliber Ball (approx)

55 or 8 inch casings

48

4560 Cal Rubber Balls

Additional Information

3740MM

Approx 24 Rubber Balls

Average 325 FPS

49

Foam Baton Rounds

Additional Information 37mm or 40MM Black Powder or Smokeless 35 baton rounds - 55 or 8 inch casings

50

40MM Spin Stabilized Foam Rounds

Additional Information

40MM Sponge Round Smokeless Delivery System

48 inch casings Most accurate round to date Most reliable round

51

Hit with 40MM Spin Stabilized Round 45 feet from Barrel

Notice no rip or tear in clothing

52

Hit with 40 MM Sponge Round 30 feet from Barrel

Within 3 days of being hit

1 hours after being hit

Shooter Sgt Don WeiderLexington SCSheriffrsquos Office

53

Stinger Balls Additional Information

CS ndash CN Powder Filled Launched or Thrown 31 Caliber (approximately 180

RBrsquos)

15 Sec Time delay

54

12 Gauge Rubber Pellets

Description - Cartridge 12ga Sting Balltradereg

Type - Multiple Projectile Rubber Pellets

Velocity - 400 ftsec (Avg) Maximum Effective Range - 50 feetProjectiles - 18 (average)

High Energy Rounds 37 or 40MM Multiple Wooded Baton 37 or 40MM Multiple Rubber Baton 37 or 40MM Bean Bag round 40MM Spin Stabilized FoamSponge

Round 12 Gauge Single 4560 Cal Ball Round 12 Gauge Bean Bag Round

55

56

3740 MM Wooded Baton Rounds

3740 MM

55 or 8 Inch Casings

BlackSmokeless Powder

35 Baton Rounds

57

3740 MM Interlocking Rubber Baton

3740 MM

55 or 8 Inch Casings

BlackSmokeless Powder

35 Baton Rounds

58

3740 MM Mono Rubber Baton

3740 MM

55 or 8 Inch Casings

BlackSmokeless Powder

Single Baton Round

59

3740 MM Pen-Prevent or Super ldquoSOCrdquo Bean Bag Round

Additional Information

Black PowderSmokeless

Glass BeadsSilica Sand Lead Pelts

Aerodynamic or Non-Aerodynamic

60

40MM Spin Stabilized Foam Rounds

Additional Information 40MM Sponge Round Smokeless Delivery System 48 inch casing Most accurate round to date Special Nylon Casing

Only round which can be

effectively fired in all 5 ZONES

61

12 Gauge High Velocity - Rubber Pellets

Description - Cartridge 12ga Sting Balltrade HVreg

Type - Multiple Projectile Rubber Pellets

Velocity - 900 ftsec (Avg) Maximum Effective Range - 60 feet

Projectiles - 18 (average)

62

12 Gauge High Velocity - Tri-Dent 3 Rubber Ball

Description - Cartridge 12ga Sting Balltrade HVreg

Type - Multiple Projectile Rubber Balls

Velocity - 900 ftsec (Avg) Maximum Effective Range - 60 feet

Projectiles - 3

63

12 Gauge ldquoPen Preventrdquo Bean Bag Round

bull Projectile Weight - 40 gmbull Material - Shot filled Ballistic Fiber Reinforced flexible sock

bull Terminal Velocity - 280 fps (average) at 10 yardsreg

bull Accuracy - 4rdquo or better at 40 yards using a cylinder bore Remington 870

64

Categories of Rounds bull Flexible ndash Generally conforms to

surface it hits

bull Non-Flexible - Generally doesnrsquot conforms to surface it hits

bull Ridged ndash Generally shatters or bounces off surface it comes into contact with

65

Chapter 3

Angles of Fire

Angles of Fire Defined as the

aiming point with a

designated round for maximum accuracy

67

Direct Angle bull Direct ndash Directly aimed into the target area

68

TARGET

Indirect Anglebull Indirect ndash Skipped into the target area (Usually 3-6 feet based on terrain)

69

TARGET

Low Angle

bull Low Angle ndash Aimed just outside of point of aim point of impact distance

70

TARGET

High Angle

bull High Angle ndash Aimed in a high arch into target area

71

TARGET

Chapter 4

Cause and Effect

Cause amp Effect of Rounds

bull Mental - Discuss

bull Physical - Discuss

73

Mental Effectsbull Specialty Impact Munitions have a

tremendous MENTAL effect on an individual In many cases the mental effects may far outweigh the physical effects and be the determining factor in the subjectrsquos response or time of incapacitation or distraction ldquoA fear of being shotrdquo

74

Anxietybull The action of pointing a firearm directly at

an individual andor actually firing a projectile

bull The pain and at times the appearance of

the injury may reinforce this belief

bull Instructor Note Can be addressed through training

75

Fearbull Arouses connotations and a fear of having been

shot with a firearm SIMS may cause a powerful mental distraction

bull Mentally the subject must cope with the physiological pain that the body feels

bull Instructor Note Can be addressed through personal experience

76

Panicbull Panic is not a desirable response due to having

less control of the subject or crowd

bull The impact is likely to create fear which may create a fight or flight response

bull Crowds may scatter rendering the intended escape route useless

bull Instructor Note LEAST DESIREABLE RESPONSE

77

Chapter 5

Primary vs Secondary Injuries

Primary vs Secondary Injury

Primary Injury

bull An injury directly caused by the use of force tool use

80

Secondary Injurybull An injury indirectly caused by

the use of force tool use

bull Either from resistance from subject or another officer and or environmental surroundings

81

Flight of a projectile

bull Once leaving barrel seeks equal weight distribution ndash Pan Cakes Saucer Spin

bull Head Wind ndash Round May Dive or Risebull Tail Wind ndash Round may Float or Cork

Screwbull Cross Wind ndash ldquoJrdquo Turn

82

Projectile CalculationWhen the distance of the target

INCREASES it effects

Velocity + Accuracy + Impact = Injury

83

Projectile CalculationWhen the distance of the target

DECREASES it effects

Velocity + Accuracy + Impact = Injury

84

Chapter 6

Target areas when using SIM

Blunt Trauma vs

Penetration Trauma

Blunt Traumabull The MAXIMUM desired effect of an impact munitions is

BLUNT TRAUMA - an impact from an object that leaves the body surface intact but may cause sufficient (non-life threatening) injury to distract control or incapacitate the subject

Stinger Round Injury

Pepperball Injury

Stinger Round Injury87

Types of Blunt Trauma Injuries

bull Abrasions - Skimming the surface skin area

bull Contusions - Injury to the brain

bull Lacerations - Partially hitting the skin surface from the side cutting the surface

88

Continued Blunt Trauma Injuriesbull Fractures - Primary injury when

munition strikes target are directly

bull Secondary injury when munitions strikes target area and causes the body to fall striking another surface indirectly

bull Concussion - Glancing blows or missed target or Falling or collapsing of the subject 89

Penetration Traumabull The unintended and most

undesirable outcome of an SIMS is penetration

bull SIMrsquos can cause Death or serious bodily injury

90

PenetrationPuncture ndash Entering the body

at arsquo90 degree angle breaking

thesurface of the skin

91

Target Areas

Unable to use a striking color baton chart

because the chart was used to identify areas of the body for impact and

injuries for striking a human which is MUCH less

force then deploying Specially Impact

Munitions92

Meat amp Muscle Areas

bull Primary target areas that when striking the human body will cause mild to intense pain with NO LONG LASTING INJURY

93

Primary Target Area ndash the target area

consisting of large muscle groupsbull Buttocks bull Thigh amp Calvesbull Lower Abdominal Areabull BicepsTricepsbull Forearm area

94

Meat amp Bone Areasbull Secondary target areas that when striking the human body will cause mild to intense pain with MINOR to LONG LASTING INJURY

95

Secondary target areas are skeletal areas ndash

preferred - may result in fractures

bull Shoulderbull Kneesbull Anklesbull Wrists bull Elbows

96

Bone amp Sensitive Areasbull Last resort target areas that when

striking the human body will cause intense pain with long lasting injury which MAY RESULT IN SERIOUS BODILY HARM WHICH MAY RESULT IN DEATH

97

Last Resort Target Area ndash the target area when

maximum effectiveness is desired to meet a level of

threat escalating to deadly force justification

bull Head amp Throatbull Chest (center mass)bull Solar plexusbull Groinbull Spinebull Lower back

98

99

100

Clothing

1 In colder climates where heavier clothing and jackets are worn rounds with higher energy capabilities will be required

2 In a case where the subject is lightly dressed pay close attention to munitions selection shot placement and engagement distance

3 In detention facilities and during civil disturbances the subjects may pad themselves in order to defeat the effects of SIM

101

Physical Stature and Condition ndash Is the subject heavy musculature or thin and skeletal age

1 250-pound muscular individual will more than likely be physiologically effected less than a 100-pound individual when both are struck in the sametarget area by SIM

2 The blunt trauma effects and the potential for penetration are much greater for the smallerperson 102

37MM Foam Baton-15 feet=WHOHOW12 ga Rubber Pellets HV- 22 feet= WHOHOW40MM Bean Bag-34 feet=WHOHOW

213

90 to 140 lbs 131 to 185 lbs 186 to 220 lbs (220 to 350+)

103

Immediate Surroundings 1Is there any person in the immediate area who

maybe at risk of a deflected or missed shot

2Identify your target backstop and beyond

104

Chapter 7

Intervention Options

THE FORCE CONTINUUM ndash WHEN TO USE SIMrsquos

bull Ladder of Forcebull Force Continuumbull Circle of Forcebull Force Modularbull Escalation of Force

106

107

OFFICER PRESENCE

bull Uniform Badge bull Dedicated Weapon Displayed

bull On a Slingbull Port Arms bull Ready Carry Position

108

Presence

109

Verbal Commands

bull Please stand over there bull Please sit down on the chairbull Stop put your hands downbull Ending with ldquoDo it nowrdquobull Professional Tone amp Attitude

110

NON-Verbal

111

Verbalization

112

SOFT PHYSICAL TECHNIQUES

bull Slight touching or guiding contact

bull Cupping an elbow to escort Lightly grabbing an arm or shoulder

bull AIMING WEAPON113

Aiming WeaponFinger OFF

Trigger

114

HARD PHYSICAL TECHNIQUES

bull Limb Control Techniquesbull Takedown Ground Stabilizationbull Dynamic Countermeasuresbull Impact Techniquesbull Electrical Devicesbull Hand held impact weapons bull Specialty Impact Munitions

115

Firing the Weapon116

DEADLY FORCE

bull Impact Weaponsbull SIM ndash Changing Aiming Point

bull Neck Restraintbull Firearm

117

Transitioning to

firearm

118

Chapter 8

Documentation

Documentationbull Collect all munitions expended and photographed when practical

ndashEvery CasingndashMark Misfired or Damaged rounds 120

Documentation

bull An inventory of munitions used and not used should be noted

ndashWhat was issued and went out

ndashWhat was fired and misfiredndashWhat was lost and not recovered 121

Documentation

bull A report should be written detailing the order in which the events occurred and the police actions that were required

122

Documentation

bull Report the effectiveness of the various types of SIMrsquos and their delivery systems

ndashWhat did I fire that didnrsquot

ndashWhat did I fire that did123

Documentationbull Document any injuries sustained and property damage incurred

ndashInjuries to SubjectndashOfficersndashBystanders

124

Documentationbull After the crowd has dispersed it

is necessary to move rapidly into the target area to remove lingering groups and to prevent the crowd from regrouping and continuing illegal activity

ndashFollow ThroughndashSecuring the Area

125

LIABILITY ISSUES

The court will decide whether the actions of the officers were

(1)Consistent with the limits set forth by the constitution federal and state laws

(2)Consistent with departmental policy and procedures

(3)Consistent with training the officer received to handle such situations

126

5 Important Questions to ASK

bull What was the distance angle and elevation

bull What was the construction of the round used

bull What was the size of the subjectbull What was the expected point of impactbull What was the training of the shooter

127

Questions the Court will ASK

(1) Look at the conduct of other officers who were present andor participated in the actions

(2) The conduct of supervisors who may have authorized the actions of officers

128

Questions the Court will ASK

(1) Were the actions of the officers consistent with their training

(2) Was the training adequate and acceptable by contemporary standards

If the officers were not trained does it amountto deliberate indifference on the part of the

agency 129

Was the actions of the officer

bull A trained techniquebull Was it a dynamic application of

the trained techniquebull Was it an untrained technique

justified under the circumstances

130

Case Law

Know your laws

Graham v Connor 490 US 386 (1989)

a The US Supreme Court case that defined the standard under which excessive force claims would be judged

(1) The standard established was that of objective reasonableness(2) Prior to this the standard was police behavior that shocks the conscienceldquo

bIn this case the court redefined and set forth a less subjective standard

132Copyrighted by Dave Young

1990

City of Canton v Harris 489 US 378 109 S Ct 1197 (1989)

a In this case a woman was arrested and did not receive necessary medical attention after a shift commander was made aware of her condition and decided she did not need medical attention

b Although on the face the City of Canton policy addressed medical issues they were grossly negligent in that they did not provide the shift commanders with the proper training to make such decisions 133

Copyrighted by Dave Young 1990

City of Canton v Harris 489 US 378 109 S Ct 1197 (1989)

c There were many issues that emerged from this case however the primary issue was that of failure to train on the part of the city That negligence amounted to being deliberately in different to the rights of the plaintiff

The implications of Canton v Harris can also go beyond training issues however the burden of proving the Standard of deliberate indifference is on the plaintiff and not easy to prove

d Court Recommendation The duties that officers are assigned to perform must be accompanied with adequate training to perform that function

134Copyrighted by Dave Young

1990

ONeal v DeKalb County GA 850 F2d 653 (11th Cir 1988)

a A mental subject stabbed 7 people before being confronted by the police After repeatedly ordering the subject to drop the knife and lay on the floor the subject rushed the officers and was shot to death

b The court ruled that the use of deadly force instead of non-lethal force against a knife wielding suspect was not malicious or unreasonable therefore not actionable by the plaintiffs

135Copyrighted by Dave Young

1990

Plakas v Drinski 19 F3rd 1143 (7th Cir 1994) cert Denied 115 S Ct 81 (1994)

This case involved the shooting of a suspect who was

wielding a fire poker When the officer attempted to

arrest him he charged the officer with the fire poker and

was shot by police

(1)Plaintiffs who sued on behalf of the deceased claimed the officer did not use other means of force available to him at that time listing disabling chemical spray a police dog and distance

136Copyrighted by Dave Young

1990

Plakas v Drinski 19 F3rd 1143 (7th Cir 1994) cert Denied 115 SCt 81 (1994)

(2) The court stated ldquothat to permit every jury in this type of case to hear expert testimony that the defendant would have been uninjured if only the police had been able to use disabling gas or a capture net or a electrical device

(a)A municipality is liable because it failed to buy this equipment

(b)The Constitution does not enact a police administratorrsquos

equipment listlsquordquo

(c) The court ruled that there is no legal precedent that requires an officer to utilize alternatives to deadly force

137Copyrighted by Dave Young

1990

Davis v Mason County 927 F2d 1473 (9th Cir 1991)

aThe court ruled that the department had adequate training on the technical components of the use of force but did not have adequate training on the constitutional limits of the use of force in effecting arrests

138Copyrighted by Dave Young

1990

Davis v Mason County 927 F2d 1473 (9th Cir 1991)

b In other words the officers were trained on the how but not on the why and when the force is appropriate

c Court Recommendation Training should include confrontational scenarios of situations that require decision making then articulation by the officer as to the justification for the force used or not used

139Copyrighted by Dave Young

1990

Quezada v County of Bernalillo 944 F2d 710 (10th Cir 1991)

a The court ruled that an officer might be held liable for putting himself in a situation that requires him to use deadly force against an armed suicidal person

b This case involved an officer who left a position of cover to confront a suicidal subject

140Copyrighted by Dave Young

1990

141

Dave YoungFounder amp Director

ARMA Training

Website wwwarmatrainingcom772-913-1615

copyrighted by Dave Young 1994

Law Enforcement Use Individual Targeted Subjects Special Circumstances (Suicide by Cop-

Standoff) Covering Chemical Munitions Regaining controlled areas Special Escorting Details Protecting Officers or Formations Protecting the Perimeter Protecting Property

33

Military Use Individual Targeted Subjects Special Circumstances (Suicide by Cop-Standoff) Covering Chemical Munitions Regaining controlled areas Humanitarian Missions Special Escorting Details Protecting Officers or Formations Protecting the perimeter Protecting Property

34

P O L I C E L I N E

35

Weapon Delivery Zones in Feet

Z O N E 1

Z O N E 3

Z O N E 2

Z O N E 4

Z O N E 5

Serious Threat

Intermediate Threat

Potential Threat

Possible Threat

Unlikely Threat

0 10

10 50

50 100

150100

150 200

Justification of SIM Use

Covering Chemical Munitions

Protecting Formations

Protecting Life and Property

36

Powder Delivery Systems

bull Black Powder ndash Advantages

bullCost EffectivebullMore Rounds AvailablebullCan ONLY be fired in 37MM

37

Powder Delivery Systemsbull Black Powder ndash Disadvantages

bullMost Corrosive to weaponbull Increased Malfunction possibility

bullGive Shooters position awaybullLeast accurate munitions

38

Powder Delivery Systems

bull Smokeless Black Powder ndash Advantages

bullLeast Corrosive to weaponbullReduced Malfunction possibility

bullConceals Shooters position bullMost accurate munitions

39

Powder Delivery Systems

bull Smokeless Powder ndash Disadvantages

bullMost costly munitions

40

Casing Sizes

bull 37MM ndash Usually 8 inch in length Black Powder

bull 3740MM ndash Usually 55 inch in length

Black Powder or Smokeless

bull 40MM ndash Usually 48 in in length Smokeless Powder

41

Chapter 2

Classifications of Specialty Impact Munitions

Classifications of SIM Rounds

43

Low Energy VS High Energy Only need one of both

bull Weatherbull Distance from threat

bull Terrain

Low Energybull Designed to deliver minimal energy to cause slight physical discomfort for pain compliance or mental distraction

44

High Energybull Designed to deliver enough energy to inflict blunt trauma to cause greater physical discomfort and possible incapacitation

45

Low Energy Roundsbull 37MM or 40MM Multiple Rubber

Balls (32 or 60 caliber) or Stinger Ball

bull 37MM or 40MM Multiple Foam Baton bull 40MM Spin Stabilized FoamSponge

Roundbull 12 Gauge Rubber Pellets ndash Marked

Low Velocity 46

47

3132 Caliber Stinger BallsAdditional Information

37mm or 40MM

Black Powder or Smokeless

3132 Caliber Ball (approx)

55 or 8 inch casings

48

4560 Cal Rubber Balls

Additional Information

3740MM

Approx 24 Rubber Balls

Average 325 FPS

49

Foam Baton Rounds

Additional Information 37mm or 40MM Black Powder or Smokeless 35 baton rounds - 55 or 8 inch casings

50

40MM Spin Stabilized Foam Rounds

Additional Information

40MM Sponge Round Smokeless Delivery System

48 inch casings Most accurate round to date Most reliable round

51

Hit with 40MM Spin Stabilized Round 45 feet from Barrel

Notice no rip or tear in clothing

52

Hit with 40 MM Sponge Round 30 feet from Barrel

Within 3 days of being hit

1 hours after being hit

Shooter Sgt Don WeiderLexington SCSheriffrsquos Office

53

Stinger Balls Additional Information

CS ndash CN Powder Filled Launched or Thrown 31 Caliber (approximately 180

RBrsquos)

15 Sec Time delay

54

12 Gauge Rubber Pellets

Description - Cartridge 12ga Sting Balltradereg

Type - Multiple Projectile Rubber Pellets

Velocity - 400 ftsec (Avg) Maximum Effective Range - 50 feetProjectiles - 18 (average)

High Energy Rounds 37 or 40MM Multiple Wooded Baton 37 or 40MM Multiple Rubber Baton 37 or 40MM Bean Bag round 40MM Spin Stabilized FoamSponge

Round 12 Gauge Single 4560 Cal Ball Round 12 Gauge Bean Bag Round

55

56

3740 MM Wooded Baton Rounds

3740 MM

55 or 8 Inch Casings

BlackSmokeless Powder

35 Baton Rounds

57

3740 MM Interlocking Rubber Baton

3740 MM

55 or 8 Inch Casings

BlackSmokeless Powder

35 Baton Rounds

58

3740 MM Mono Rubber Baton

3740 MM

55 or 8 Inch Casings

BlackSmokeless Powder

Single Baton Round

59

3740 MM Pen-Prevent or Super ldquoSOCrdquo Bean Bag Round

Additional Information

Black PowderSmokeless

Glass BeadsSilica Sand Lead Pelts

Aerodynamic or Non-Aerodynamic

60

40MM Spin Stabilized Foam Rounds

Additional Information 40MM Sponge Round Smokeless Delivery System 48 inch casing Most accurate round to date Special Nylon Casing

Only round which can be

effectively fired in all 5 ZONES

61

12 Gauge High Velocity - Rubber Pellets

Description - Cartridge 12ga Sting Balltrade HVreg

Type - Multiple Projectile Rubber Pellets

Velocity - 900 ftsec (Avg) Maximum Effective Range - 60 feet

Projectiles - 18 (average)

62

12 Gauge High Velocity - Tri-Dent 3 Rubber Ball

Description - Cartridge 12ga Sting Balltrade HVreg

Type - Multiple Projectile Rubber Balls

Velocity - 900 ftsec (Avg) Maximum Effective Range - 60 feet

Projectiles - 3

63

12 Gauge ldquoPen Preventrdquo Bean Bag Round

bull Projectile Weight - 40 gmbull Material - Shot filled Ballistic Fiber Reinforced flexible sock

bull Terminal Velocity - 280 fps (average) at 10 yardsreg

bull Accuracy - 4rdquo or better at 40 yards using a cylinder bore Remington 870

64

Categories of Rounds bull Flexible ndash Generally conforms to

surface it hits

bull Non-Flexible - Generally doesnrsquot conforms to surface it hits

bull Ridged ndash Generally shatters or bounces off surface it comes into contact with

65

Chapter 3

Angles of Fire

Angles of Fire Defined as the

aiming point with a

designated round for maximum accuracy

67

Direct Angle bull Direct ndash Directly aimed into the target area

68

TARGET

Indirect Anglebull Indirect ndash Skipped into the target area (Usually 3-6 feet based on terrain)

69

TARGET

Low Angle

bull Low Angle ndash Aimed just outside of point of aim point of impact distance

70

TARGET

High Angle

bull High Angle ndash Aimed in a high arch into target area

71

TARGET

Chapter 4

Cause and Effect

Cause amp Effect of Rounds

bull Mental - Discuss

bull Physical - Discuss

73

Mental Effectsbull Specialty Impact Munitions have a

tremendous MENTAL effect on an individual In many cases the mental effects may far outweigh the physical effects and be the determining factor in the subjectrsquos response or time of incapacitation or distraction ldquoA fear of being shotrdquo

74

Anxietybull The action of pointing a firearm directly at

an individual andor actually firing a projectile

bull The pain and at times the appearance of

the injury may reinforce this belief

bull Instructor Note Can be addressed through training

75

Fearbull Arouses connotations and a fear of having been

shot with a firearm SIMS may cause a powerful mental distraction

bull Mentally the subject must cope with the physiological pain that the body feels

bull Instructor Note Can be addressed through personal experience

76

Panicbull Panic is not a desirable response due to having

less control of the subject or crowd

bull The impact is likely to create fear which may create a fight or flight response

bull Crowds may scatter rendering the intended escape route useless

bull Instructor Note LEAST DESIREABLE RESPONSE

77

Chapter 5

Primary vs Secondary Injuries

Primary vs Secondary Injury

Primary Injury

bull An injury directly caused by the use of force tool use

80

Secondary Injurybull An injury indirectly caused by

the use of force tool use

bull Either from resistance from subject or another officer and or environmental surroundings

81

Flight of a projectile

bull Once leaving barrel seeks equal weight distribution ndash Pan Cakes Saucer Spin

bull Head Wind ndash Round May Dive or Risebull Tail Wind ndash Round may Float or Cork

Screwbull Cross Wind ndash ldquoJrdquo Turn

82

Projectile CalculationWhen the distance of the target

INCREASES it effects

Velocity + Accuracy + Impact = Injury

83

Projectile CalculationWhen the distance of the target

DECREASES it effects

Velocity + Accuracy + Impact = Injury

84

Chapter 6

Target areas when using SIM

Blunt Trauma vs

Penetration Trauma

Blunt Traumabull The MAXIMUM desired effect of an impact munitions is

BLUNT TRAUMA - an impact from an object that leaves the body surface intact but may cause sufficient (non-life threatening) injury to distract control or incapacitate the subject

Stinger Round Injury

Pepperball Injury

Stinger Round Injury87

Types of Blunt Trauma Injuries

bull Abrasions - Skimming the surface skin area

bull Contusions - Injury to the brain

bull Lacerations - Partially hitting the skin surface from the side cutting the surface

88

Continued Blunt Trauma Injuriesbull Fractures - Primary injury when

munition strikes target are directly

bull Secondary injury when munitions strikes target area and causes the body to fall striking another surface indirectly

bull Concussion - Glancing blows or missed target or Falling or collapsing of the subject 89

Penetration Traumabull The unintended and most

undesirable outcome of an SIMS is penetration

bull SIMrsquos can cause Death or serious bodily injury

90

PenetrationPuncture ndash Entering the body

at arsquo90 degree angle breaking

thesurface of the skin

91

Target Areas

Unable to use a striking color baton chart

because the chart was used to identify areas of the body for impact and

injuries for striking a human which is MUCH less

force then deploying Specially Impact

Munitions92

Meat amp Muscle Areas

bull Primary target areas that when striking the human body will cause mild to intense pain with NO LONG LASTING INJURY

93

Primary Target Area ndash the target area

consisting of large muscle groupsbull Buttocks bull Thigh amp Calvesbull Lower Abdominal Areabull BicepsTricepsbull Forearm area

94

Meat amp Bone Areasbull Secondary target areas that when striking the human body will cause mild to intense pain with MINOR to LONG LASTING INJURY

95

Secondary target areas are skeletal areas ndash

preferred - may result in fractures

bull Shoulderbull Kneesbull Anklesbull Wrists bull Elbows

96

Bone amp Sensitive Areasbull Last resort target areas that when

striking the human body will cause intense pain with long lasting injury which MAY RESULT IN SERIOUS BODILY HARM WHICH MAY RESULT IN DEATH

97

Last Resort Target Area ndash the target area when

maximum effectiveness is desired to meet a level of

threat escalating to deadly force justification

bull Head amp Throatbull Chest (center mass)bull Solar plexusbull Groinbull Spinebull Lower back

98

99

100

Clothing

1 In colder climates where heavier clothing and jackets are worn rounds with higher energy capabilities will be required

2 In a case where the subject is lightly dressed pay close attention to munitions selection shot placement and engagement distance

3 In detention facilities and during civil disturbances the subjects may pad themselves in order to defeat the effects of SIM

101

Physical Stature and Condition ndash Is the subject heavy musculature or thin and skeletal age

1 250-pound muscular individual will more than likely be physiologically effected less than a 100-pound individual when both are struck in the sametarget area by SIM

2 The blunt trauma effects and the potential for penetration are much greater for the smallerperson 102

37MM Foam Baton-15 feet=WHOHOW12 ga Rubber Pellets HV- 22 feet= WHOHOW40MM Bean Bag-34 feet=WHOHOW

213

90 to 140 lbs 131 to 185 lbs 186 to 220 lbs (220 to 350+)

103

Immediate Surroundings 1Is there any person in the immediate area who

maybe at risk of a deflected or missed shot

2Identify your target backstop and beyond

104

Chapter 7

Intervention Options

THE FORCE CONTINUUM ndash WHEN TO USE SIMrsquos

bull Ladder of Forcebull Force Continuumbull Circle of Forcebull Force Modularbull Escalation of Force

106

107

OFFICER PRESENCE

bull Uniform Badge bull Dedicated Weapon Displayed

bull On a Slingbull Port Arms bull Ready Carry Position

108

Presence

109

Verbal Commands

bull Please stand over there bull Please sit down on the chairbull Stop put your hands downbull Ending with ldquoDo it nowrdquobull Professional Tone amp Attitude

110

NON-Verbal

111

Verbalization

112

SOFT PHYSICAL TECHNIQUES

bull Slight touching or guiding contact

bull Cupping an elbow to escort Lightly grabbing an arm or shoulder

bull AIMING WEAPON113

Aiming WeaponFinger OFF

Trigger

114

HARD PHYSICAL TECHNIQUES

bull Limb Control Techniquesbull Takedown Ground Stabilizationbull Dynamic Countermeasuresbull Impact Techniquesbull Electrical Devicesbull Hand held impact weapons bull Specialty Impact Munitions

115

Firing the Weapon116

DEADLY FORCE

bull Impact Weaponsbull SIM ndash Changing Aiming Point

bull Neck Restraintbull Firearm

117

Transitioning to

firearm

118

Chapter 8

Documentation

Documentationbull Collect all munitions expended and photographed when practical

ndashEvery CasingndashMark Misfired or Damaged rounds 120

Documentation

bull An inventory of munitions used and not used should be noted

ndashWhat was issued and went out

ndashWhat was fired and misfiredndashWhat was lost and not recovered 121

Documentation

bull A report should be written detailing the order in which the events occurred and the police actions that were required

122

Documentation

bull Report the effectiveness of the various types of SIMrsquos and their delivery systems

ndashWhat did I fire that didnrsquot

ndashWhat did I fire that did123

Documentationbull Document any injuries sustained and property damage incurred

ndashInjuries to SubjectndashOfficersndashBystanders

124

Documentationbull After the crowd has dispersed it

is necessary to move rapidly into the target area to remove lingering groups and to prevent the crowd from regrouping and continuing illegal activity

ndashFollow ThroughndashSecuring the Area

125

LIABILITY ISSUES

The court will decide whether the actions of the officers were

(1)Consistent with the limits set forth by the constitution federal and state laws

(2)Consistent with departmental policy and procedures

(3)Consistent with training the officer received to handle such situations

126

5 Important Questions to ASK

bull What was the distance angle and elevation

bull What was the construction of the round used

bull What was the size of the subjectbull What was the expected point of impactbull What was the training of the shooter

127

Questions the Court will ASK

(1) Look at the conduct of other officers who were present andor participated in the actions

(2) The conduct of supervisors who may have authorized the actions of officers

128

Questions the Court will ASK

(1) Were the actions of the officers consistent with their training

(2) Was the training adequate and acceptable by contemporary standards

If the officers were not trained does it amountto deliberate indifference on the part of the

agency 129

Was the actions of the officer

bull A trained techniquebull Was it a dynamic application of

the trained techniquebull Was it an untrained technique

justified under the circumstances

130

Case Law

Know your laws

Graham v Connor 490 US 386 (1989)

a The US Supreme Court case that defined the standard under which excessive force claims would be judged

(1) The standard established was that of objective reasonableness(2) Prior to this the standard was police behavior that shocks the conscienceldquo

bIn this case the court redefined and set forth a less subjective standard

132Copyrighted by Dave Young

1990

City of Canton v Harris 489 US 378 109 S Ct 1197 (1989)

a In this case a woman was arrested and did not receive necessary medical attention after a shift commander was made aware of her condition and decided she did not need medical attention

b Although on the face the City of Canton policy addressed medical issues they were grossly negligent in that they did not provide the shift commanders with the proper training to make such decisions 133

Copyrighted by Dave Young 1990

City of Canton v Harris 489 US 378 109 S Ct 1197 (1989)

c There were many issues that emerged from this case however the primary issue was that of failure to train on the part of the city That negligence amounted to being deliberately in different to the rights of the plaintiff

The implications of Canton v Harris can also go beyond training issues however the burden of proving the Standard of deliberate indifference is on the plaintiff and not easy to prove

d Court Recommendation The duties that officers are assigned to perform must be accompanied with adequate training to perform that function

134Copyrighted by Dave Young

1990

ONeal v DeKalb County GA 850 F2d 653 (11th Cir 1988)

a A mental subject stabbed 7 people before being confronted by the police After repeatedly ordering the subject to drop the knife and lay on the floor the subject rushed the officers and was shot to death

b The court ruled that the use of deadly force instead of non-lethal force against a knife wielding suspect was not malicious or unreasonable therefore not actionable by the plaintiffs

135Copyrighted by Dave Young

1990

Plakas v Drinski 19 F3rd 1143 (7th Cir 1994) cert Denied 115 S Ct 81 (1994)

This case involved the shooting of a suspect who was

wielding a fire poker When the officer attempted to

arrest him he charged the officer with the fire poker and

was shot by police

(1)Plaintiffs who sued on behalf of the deceased claimed the officer did not use other means of force available to him at that time listing disabling chemical spray a police dog and distance

136Copyrighted by Dave Young

1990

Plakas v Drinski 19 F3rd 1143 (7th Cir 1994) cert Denied 115 SCt 81 (1994)

(2) The court stated ldquothat to permit every jury in this type of case to hear expert testimony that the defendant would have been uninjured if only the police had been able to use disabling gas or a capture net or a electrical device

(a)A municipality is liable because it failed to buy this equipment

(b)The Constitution does not enact a police administratorrsquos

equipment listlsquordquo

(c) The court ruled that there is no legal precedent that requires an officer to utilize alternatives to deadly force

137Copyrighted by Dave Young

1990

Davis v Mason County 927 F2d 1473 (9th Cir 1991)

aThe court ruled that the department had adequate training on the technical components of the use of force but did not have adequate training on the constitutional limits of the use of force in effecting arrests

138Copyrighted by Dave Young

1990

Davis v Mason County 927 F2d 1473 (9th Cir 1991)

b In other words the officers were trained on the how but not on the why and when the force is appropriate

c Court Recommendation Training should include confrontational scenarios of situations that require decision making then articulation by the officer as to the justification for the force used or not used

139Copyrighted by Dave Young

1990

Quezada v County of Bernalillo 944 F2d 710 (10th Cir 1991)

a The court ruled that an officer might be held liable for putting himself in a situation that requires him to use deadly force against an armed suicidal person

b This case involved an officer who left a position of cover to confront a suicidal subject

140Copyrighted by Dave Young

1990

141

Dave YoungFounder amp Director

ARMA Training

Website wwwarmatrainingcom772-913-1615

copyrighted by Dave Young 1994

Military Use Individual Targeted Subjects Special Circumstances (Suicide by Cop-Standoff) Covering Chemical Munitions Regaining controlled areas Humanitarian Missions Special Escorting Details Protecting Officers or Formations Protecting the perimeter Protecting Property

34

P O L I C E L I N E

35

Weapon Delivery Zones in Feet

Z O N E 1

Z O N E 3

Z O N E 2

Z O N E 4

Z O N E 5

Serious Threat

Intermediate Threat

Potential Threat

Possible Threat

Unlikely Threat

0 10

10 50

50 100

150100

150 200

Justification of SIM Use

Covering Chemical Munitions

Protecting Formations

Protecting Life and Property

36

Powder Delivery Systems

bull Black Powder ndash Advantages

bullCost EffectivebullMore Rounds AvailablebullCan ONLY be fired in 37MM

37

Powder Delivery Systemsbull Black Powder ndash Disadvantages

bullMost Corrosive to weaponbull Increased Malfunction possibility

bullGive Shooters position awaybullLeast accurate munitions

38

Powder Delivery Systems

bull Smokeless Black Powder ndash Advantages

bullLeast Corrosive to weaponbullReduced Malfunction possibility

bullConceals Shooters position bullMost accurate munitions

39

Powder Delivery Systems

bull Smokeless Powder ndash Disadvantages

bullMost costly munitions

40

Casing Sizes

bull 37MM ndash Usually 8 inch in length Black Powder

bull 3740MM ndash Usually 55 inch in length

Black Powder or Smokeless

bull 40MM ndash Usually 48 in in length Smokeless Powder

41

Chapter 2

Classifications of Specialty Impact Munitions

Classifications of SIM Rounds

43

Low Energy VS High Energy Only need one of both

bull Weatherbull Distance from threat

bull Terrain

Low Energybull Designed to deliver minimal energy to cause slight physical discomfort for pain compliance or mental distraction

44

High Energybull Designed to deliver enough energy to inflict blunt trauma to cause greater physical discomfort and possible incapacitation

45

Low Energy Roundsbull 37MM or 40MM Multiple Rubber

Balls (32 or 60 caliber) or Stinger Ball

bull 37MM or 40MM Multiple Foam Baton bull 40MM Spin Stabilized FoamSponge

Roundbull 12 Gauge Rubber Pellets ndash Marked

Low Velocity 46

47

3132 Caliber Stinger BallsAdditional Information

37mm or 40MM

Black Powder or Smokeless

3132 Caliber Ball (approx)

55 or 8 inch casings

48

4560 Cal Rubber Balls

Additional Information

3740MM

Approx 24 Rubber Balls

Average 325 FPS

49

Foam Baton Rounds

Additional Information 37mm or 40MM Black Powder or Smokeless 35 baton rounds - 55 or 8 inch casings

50

40MM Spin Stabilized Foam Rounds

Additional Information

40MM Sponge Round Smokeless Delivery System

48 inch casings Most accurate round to date Most reliable round

51

Hit with 40MM Spin Stabilized Round 45 feet from Barrel

Notice no rip or tear in clothing

52

Hit with 40 MM Sponge Round 30 feet from Barrel

Within 3 days of being hit

1 hours after being hit

Shooter Sgt Don WeiderLexington SCSheriffrsquos Office

53

Stinger Balls Additional Information

CS ndash CN Powder Filled Launched or Thrown 31 Caliber (approximately 180

RBrsquos)

15 Sec Time delay

54

12 Gauge Rubber Pellets

Description - Cartridge 12ga Sting Balltradereg

Type - Multiple Projectile Rubber Pellets

Velocity - 400 ftsec (Avg) Maximum Effective Range - 50 feetProjectiles - 18 (average)

High Energy Rounds 37 or 40MM Multiple Wooded Baton 37 or 40MM Multiple Rubber Baton 37 or 40MM Bean Bag round 40MM Spin Stabilized FoamSponge

Round 12 Gauge Single 4560 Cal Ball Round 12 Gauge Bean Bag Round

55

56

3740 MM Wooded Baton Rounds

3740 MM

55 or 8 Inch Casings

BlackSmokeless Powder

35 Baton Rounds

57

3740 MM Interlocking Rubber Baton

3740 MM

55 or 8 Inch Casings

BlackSmokeless Powder

35 Baton Rounds

58

3740 MM Mono Rubber Baton

3740 MM

55 or 8 Inch Casings

BlackSmokeless Powder

Single Baton Round

59

3740 MM Pen-Prevent or Super ldquoSOCrdquo Bean Bag Round

Additional Information

Black PowderSmokeless

Glass BeadsSilica Sand Lead Pelts

Aerodynamic or Non-Aerodynamic

60

40MM Spin Stabilized Foam Rounds

Additional Information 40MM Sponge Round Smokeless Delivery System 48 inch casing Most accurate round to date Special Nylon Casing

Only round which can be

effectively fired in all 5 ZONES

61

12 Gauge High Velocity - Rubber Pellets

Description - Cartridge 12ga Sting Balltrade HVreg

Type - Multiple Projectile Rubber Pellets

Velocity - 900 ftsec (Avg) Maximum Effective Range - 60 feet

Projectiles - 18 (average)

62

12 Gauge High Velocity - Tri-Dent 3 Rubber Ball

Description - Cartridge 12ga Sting Balltrade HVreg

Type - Multiple Projectile Rubber Balls

Velocity - 900 ftsec (Avg) Maximum Effective Range - 60 feet

Projectiles - 3

63

12 Gauge ldquoPen Preventrdquo Bean Bag Round

bull Projectile Weight - 40 gmbull Material - Shot filled Ballistic Fiber Reinforced flexible sock

bull Terminal Velocity - 280 fps (average) at 10 yardsreg

bull Accuracy - 4rdquo or better at 40 yards using a cylinder bore Remington 870

64

Categories of Rounds bull Flexible ndash Generally conforms to

surface it hits

bull Non-Flexible - Generally doesnrsquot conforms to surface it hits

bull Ridged ndash Generally shatters or bounces off surface it comes into contact with

65

Chapter 3

Angles of Fire

Angles of Fire Defined as the

aiming point with a

designated round for maximum accuracy

67

Direct Angle bull Direct ndash Directly aimed into the target area

68

TARGET

Indirect Anglebull Indirect ndash Skipped into the target area (Usually 3-6 feet based on terrain)

69

TARGET

Low Angle

bull Low Angle ndash Aimed just outside of point of aim point of impact distance

70

TARGET

High Angle

bull High Angle ndash Aimed in a high arch into target area

71

TARGET

Chapter 4

Cause and Effect

Cause amp Effect of Rounds

bull Mental - Discuss

bull Physical - Discuss

73

Mental Effectsbull Specialty Impact Munitions have a

tremendous MENTAL effect on an individual In many cases the mental effects may far outweigh the physical effects and be the determining factor in the subjectrsquos response or time of incapacitation or distraction ldquoA fear of being shotrdquo

74

Anxietybull The action of pointing a firearm directly at

an individual andor actually firing a projectile

bull The pain and at times the appearance of

the injury may reinforce this belief

bull Instructor Note Can be addressed through training

75

Fearbull Arouses connotations and a fear of having been

shot with a firearm SIMS may cause a powerful mental distraction

bull Mentally the subject must cope with the physiological pain that the body feels

bull Instructor Note Can be addressed through personal experience

76

Panicbull Panic is not a desirable response due to having

less control of the subject or crowd

bull The impact is likely to create fear which may create a fight or flight response

bull Crowds may scatter rendering the intended escape route useless

bull Instructor Note LEAST DESIREABLE RESPONSE

77

Chapter 5

Primary vs Secondary Injuries

Primary vs Secondary Injury

Primary Injury

bull An injury directly caused by the use of force tool use

80

Secondary Injurybull An injury indirectly caused by

the use of force tool use

bull Either from resistance from subject or another officer and or environmental surroundings

81

Flight of a projectile

bull Once leaving barrel seeks equal weight distribution ndash Pan Cakes Saucer Spin

bull Head Wind ndash Round May Dive or Risebull Tail Wind ndash Round may Float or Cork

Screwbull Cross Wind ndash ldquoJrdquo Turn

82

Projectile CalculationWhen the distance of the target

INCREASES it effects

Velocity + Accuracy + Impact = Injury

83

Projectile CalculationWhen the distance of the target

DECREASES it effects

Velocity + Accuracy + Impact = Injury

84

Chapter 6

Target areas when using SIM

Blunt Trauma vs

Penetration Trauma

Blunt Traumabull The MAXIMUM desired effect of an impact munitions is

BLUNT TRAUMA - an impact from an object that leaves the body surface intact but may cause sufficient (non-life threatening) injury to distract control or incapacitate the subject

Stinger Round Injury

Pepperball Injury

Stinger Round Injury87

Types of Blunt Trauma Injuries

bull Abrasions - Skimming the surface skin area

bull Contusions - Injury to the brain

bull Lacerations - Partially hitting the skin surface from the side cutting the surface

88

Continued Blunt Trauma Injuriesbull Fractures - Primary injury when

munition strikes target are directly

bull Secondary injury when munitions strikes target area and causes the body to fall striking another surface indirectly

bull Concussion - Glancing blows or missed target or Falling or collapsing of the subject 89

Penetration Traumabull The unintended and most

undesirable outcome of an SIMS is penetration

bull SIMrsquos can cause Death or serious bodily injury

90

PenetrationPuncture ndash Entering the body

at arsquo90 degree angle breaking

thesurface of the skin

91

Target Areas

Unable to use a striking color baton chart

because the chart was used to identify areas of the body for impact and

injuries for striking a human which is MUCH less

force then deploying Specially Impact

Munitions92

Meat amp Muscle Areas

bull Primary target areas that when striking the human body will cause mild to intense pain with NO LONG LASTING INJURY

93

Primary Target Area ndash the target area

consisting of large muscle groupsbull Buttocks bull Thigh amp Calvesbull Lower Abdominal Areabull BicepsTricepsbull Forearm area

94

Meat amp Bone Areasbull Secondary target areas that when striking the human body will cause mild to intense pain with MINOR to LONG LASTING INJURY

95

Secondary target areas are skeletal areas ndash

preferred - may result in fractures

bull Shoulderbull Kneesbull Anklesbull Wrists bull Elbows

96

Bone amp Sensitive Areasbull Last resort target areas that when

striking the human body will cause intense pain with long lasting injury which MAY RESULT IN SERIOUS BODILY HARM WHICH MAY RESULT IN DEATH

97

Last Resort Target Area ndash the target area when

maximum effectiveness is desired to meet a level of

threat escalating to deadly force justification

bull Head amp Throatbull Chest (center mass)bull Solar plexusbull Groinbull Spinebull Lower back

98

99

100

Clothing

1 In colder climates where heavier clothing and jackets are worn rounds with higher energy capabilities will be required

2 In a case where the subject is lightly dressed pay close attention to munitions selection shot placement and engagement distance

3 In detention facilities and during civil disturbances the subjects may pad themselves in order to defeat the effects of SIM

101

Physical Stature and Condition ndash Is the subject heavy musculature or thin and skeletal age

1 250-pound muscular individual will more than likely be physiologically effected less than a 100-pound individual when both are struck in the sametarget area by SIM

2 The blunt trauma effects and the potential for penetration are much greater for the smallerperson 102

37MM Foam Baton-15 feet=WHOHOW12 ga Rubber Pellets HV- 22 feet= WHOHOW40MM Bean Bag-34 feet=WHOHOW

213

90 to 140 lbs 131 to 185 lbs 186 to 220 lbs (220 to 350+)

103

Immediate Surroundings 1Is there any person in the immediate area who

maybe at risk of a deflected or missed shot

2Identify your target backstop and beyond

104

Chapter 7

Intervention Options

THE FORCE CONTINUUM ndash WHEN TO USE SIMrsquos

bull Ladder of Forcebull Force Continuumbull Circle of Forcebull Force Modularbull Escalation of Force

106

107

OFFICER PRESENCE

bull Uniform Badge bull Dedicated Weapon Displayed

bull On a Slingbull Port Arms bull Ready Carry Position

108

Presence

109

Verbal Commands

bull Please stand over there bull Please sit down on the chairbull Stop put your hands downbull Ending with ldquoDo it nowrdquobull Professional Tone amp Attitude

110

NON-Verbal

111

Verbalization

112

SOFT PHYSICAL TECHNIQUES

bull Slight touching or guiding contact

bull Cupping an elbow to escort Lightly grabbing an arm or shoulder

bull AIMING WEAPON113

Aiming WeaponFinger OFF

Trigger

114

HARD PHYSICAL TECHNIQUES

bull Limb Control Techniquesbull Takedown Ground Stabilizationbull Dynamic Countermeasuresbull Impact Techniquesbull Electrical Devicesbull Hand held impact weapons bull Specialty Impact Munitions

115

Firing the Weapon116

DEADLY FORCE

bull Impact Weaponsbull SIM ndash Changing Aiming Point

bull Neck Restraintbull Firearm

117

Transitioning to

firearm

118

Chapter 8

Documentation

Documentationbull Collect all munitions expended and photographed when practical

ndashEvery CasingndashMark Misfired or Damaged rounds 120

Documentation

bull An inventory of munitions used and not used should be noted

ndashWhat was issued and went out

ndashWhat was fired and misfiredndashWhat was lost and not recovered 121

Documentation

bull A report should be written detailing the order in which the events occurred and the police actions that were required

122

Documentation

bull Report the effectiveness of the various types of SIMrsquos and their delivery systems

ndashWhat did I fire that didnrsquot

ndashWhat did I fire that did123

Documentationbull Document any injuries sustained and property damage incurred

ndashInjuries to SubjectndashOfficersndashBystanders

124

Documentationbull After the crowd has dispersed it

is necessary to move rapidly into the target area to remove lingering groups and to prevent the crowd from regrouping and continuing illegal activity

ndashFollow ThroughndashSecuring the Area

125

LIABILITY ISSUES

The court will decide whether the actions of the officers were

(1)Consistent with the limits set forth by the constitution federal and state laws

(2)Consistent with departmental policy and procedures

(3)Consistent with training the officer received to handle such situations

126

5 Important Questions to ASK

bull What was the distance angle and elevation

bull What was the construction of the round used

bull What was the size of the subjectbull What was the expected point of impactbull What was the training of the shooter

127

Questions the Court will ASK

(1) Look at the conduct of other officers who were present andor participated in the actions

(2) The conduct of supervisors who may have authorized the actions of officers

128

Questions the Court will ASK

(1) Were the actions of the officers consistent with their training

(2) Was the training adequate and acceptable by contemporary standards

If the officers were not trained does it amountto deliberate indifference on the part of the

agency 129

Was the actions of the officer

bull A trained techniquebull Was it a dynamic application of

the trained techniquebull Was it an untrained technique

justified under the circumstances

130

Case Law

Know your laws

Graham v Connor 490 US 386 (1989)

a The US Supreme Court case that defined the standard under which excessive force claims would be judged

(1) The standard established was that of objective reasonableness(2) Prior to this the standard was police behavior that shocks the conscienceldquo

bIn this case the court redefined and set forth a less subjective standard

132Copyrighted by Dave Young

1990

City of Canton v Harris 489 US 378 109 S Ct 1197 (1989)

a In this case a woman was arrested and did not receive necessary medical attention after a shift commander was made aware of her condition and decided she did not need medical attention

b Although on the face the City of Canton policy addressed medical issues they were grossly negligent in that they did not provide the shift commanders with the proper training to make such decisions 133

Copyrighted by Dave Young 1990

City of Canton v Harris 489 US 378 109 S Ct 1197 (1989)

c There were many issues that emerged from this case however the primary issue was that of failure to train on the part of the city That negligence amounted to being deliberately in different to the rights of the plaintiff

The implications of Canton v Harris can also go beyond training issues however the burden of proving the Standard of deliberate indifference is on the plaintiff and not easy to prove

d Court Recommendation The duties that officers are assigned to perform must be accompanied with adequate training to perform that function

134Copyrighted by Dave Young

1990

ONeal v DeKalb County GA 850 F2d 653 (11th Cir 1988)

a A mental subject stabbed 7 people before being confronted by the police After repeatedly ordering the subject to drop the knife and lay on the floor the subject rushed the officers and was shot to death

b The court ruled that the use of deadly force instead of non-lethal force against a knife wielding suspect was not malicious or unreasonable therefore not actionable by the plaintiffs

135Copyrighted by Dave Young

1990

Plakas v Drinski 19 F3rd 1143 (7th Cir 1994) cert Denied 115 S Ct 81 (1994)

This case involved the shooting of a suspect who was

wielding a fire poker When the officer attempted to

arrest him he charged the officer with the fire poker and

was shot by police

(1)Plaintiffs who sued on behalf of the deceased claimed the officer did not use other means of force available to him at that time listing disabling chemical spray a police dog and distance

136Copyrighted by Dave Young

1990

Plakas v Drinski 19 F3rd 1143 (7th Cir 1994) cert Denied 115 SCt 81 (1994)

(2) The court stated ldquothat to permit every jury in this type of case to hear expert testimony that the defendant would have been uninjured if only the police had been able to use disabling gas or a capture net or a electrical device

(a)A municipality is liable because it failed to buy this equipment

(b)The Constitution does not enact a police administratorrsquos

equipment listlsquordquo

(c) The court ruled that there is no legal precedent that requires an officer to utilize alternatives to deadly force

137Copyrighted by Dave Young

1990

Davis v Mason County 927 F2d 1473 (9th Cir 1991)

aThe court ruled that the department had adequate training on the technical components of the use of force but did not have adequate training on the constitutional limits of the use of force in effecting arrests

138Copyrighted by Dave Young

1990

Davis v Mason County 927 F2d 1473 (9th Cir 1991)

b In other words the officers were trained on the how but not on the why and when the force is appropriate

c Court Recommendation Training should include confrontational scenarios of situations that require decision making then articulation by the officer as to the justification for the force used or not used

139Copyrighted by Dave Young

1990

Quezada v County of Bernalillo 944 F2d 710 (10th Cir 1991)

a The court ruled that an officer might be held liable for putting himself in a situation that requires him to use deadly force against an armed suicidal person

b This case involved an officer who left a position of cover to confront a suicidal subject

140Copyrighted by Dave Young

1990

141

Dave YoungFounder amp Director

ARMA Training

Website wwwarmatrainingcom772-913-1615

copyrighted by Dave Young 1994

P O L I C E L I N E

35

Weapon Delivery Zones in Feet

Z O N E 1

Z O N E 3

Z O N E 2

Z O N E 4

Z O N E 5

Serious Threat

Intermediate Threat

Potential Threat

Possible Threat

Unlikely Threat

0 10

10 50

50 100

150100

150 200

Justification of SIM Use

Covering Chemical Munitions

Protecting Formations

Protecting Life and Property

36

Powder Delivery Systems

bull Black Powder ndash Advantages

bullCost EffectivebullMore Rounds AvailablebullCan ONLY be fired in 37MM

37

Powder Delivery Systemsbull Black Powder ndash Disadvantages

bullMost Corrosive to weaponbull Increased Malfunction possibility

bullGive Shooters position awaybullLeast accurate munitions

38

Powder Delivery Systems

bull Smokeless Black Powder ndash Advantages

bullLeast Corrosive to weaponbullReduced Malfunction possibility

bullConceals Shooters position bullMost accurate munitions

39

Powder Delivery Systems

bull Smokeless Powder ndash Disadvantages

bullMost costly munitions

40

Casing Sizes

bull 37MM ndash Usually 8 inch in length Black Powder

bull 3740MM ndash Usually 55 inch in length

Black Powder or Smokeless

bull 40MM ndash Usually 48 in in length Smokeless Powder

41

Chapter 2

Classifications of Specialty Impact Munitions

Classifications of SIM Rounds

43

Low Energy VS High Energy Only need one of both

bull Weatherbull Distance from threat

bull Terrain

Low Energybull Designed to deliver minimal energy to cause slight physical discomfort for pain compliance or mental distraction

44

High Energybull Designed to deliver enough energy to inflict blunt trauma to cause greater physical discomfort and possible incapacitation

45

Low Energy Roundsbull 37MM or 40MM Multiple Rubber

Balls (32 or 60 caliber) or Stinger Ball

bull 37MM or 40MM Multiple Foam Baton bull 40MM Spin Stabilized FoamSponge

Roundbull 12 Gauge Rubber Pellets ndash Marked

Low Velocity 46

47

3132 Caliber Stinger BallsAdditional Information

37mm or 40MM

Black Powder or Smokeless

3132 Caliber Ball (approx)

55 or 8 inch casings

48

4560 Cal Rubber Balls

Additional Information

3740MM

Approx 24 Rubber Balls

Average 325 FPS

49

Foam Baton Rounds

Additional Information 37mm or 40MM Black Powder or Smokeless 35 baton rounds - 55 or 8 inch casings

50

40MM Spin Stabilized Foam Rounds

Additional Information

40MM Sponge Round Smokeless Delivery System

48 inch casings Most accurate round to date Most reliable round

51

Hit with 40MM Spin Stabilized Round 45 feet from Barrel

Notice no rip or tear in clothing

52

Hit with 40 MM Sponge Round 30 feet from Barrel

Within 3 days of being hit

1 hours after being hit

Shooter Sgt Don WeiderLexington SCSheriffrsquos Office

53

Stinger Balls Additional Information

CS ndash CN Powder Filled Launched or Thrown 31 Caliber (approximately 180

RBrsquos)

15 Sec Time delay

54

12 Gauge Rubber Pellets

Description - Cartridge 12ga Sting Balltradereg

Type - Multiple Projectile Rubber Pellets

Velocity - 400 ftsec (Avg) Maximum Effective Range - 50 feetProjectiles - 18 (average)

High Energy Rounds 37 or 40MM Multiple Wooded Baton 37 or 40MM Multiple Rubber Baton 37 or 40MM Bean Bag round 40MM Spin Stabilized FoamSponge

Round 12 Gauge Single 4560 Cal Ball Round 12 Gauge Bean Bag Round

55

56

3740 MM Wooded Baton Rounds

3740 MM

55 or 8 Inch Casings

BlackSmokeless Powder

35 Baton Rounds

57

3740 MM Interlocking Rubber Baton

3740 MM

55 or 8 Inch Casings

BlackSmokeless Powder

35 Baton Rounds

58

3740 MM Mono Rubber Baton

3740 MM

55 or 8 Inch Casings

BlackSmokeless Powder

Single Baton Round

59

3740 MM Pen-Prevent or Super ldquoSOCrdquo Bean Bag Round

Additional Information

Black PowderSmokeless

Glass BeadsSilica Sand Lead Pelts

Aerodynamic or Non-Aerodynamic

60

40MM Spin Stabilized Foam Rounds

Additional Information 40MM Sponge Round Smokeless Delivery System 48 inch casing Most accurate round to date Special Nylon Casing

Only round which can be

effectively fired in all 5 ZONES

61

12 Gauge High Velocity - Rubber Pellets

Description - Cartridge 12ga Sting Balltrade HVreg

Type - Multiple Projectile Rubber Pellets

Velocity - 900 ftsec (Avg) Maximum Effective Range - 60 feet

Projectiles - 18 (average)

62

12 Gauge High Velocity - Tri-Dent 3 Rubber Ball

Description - Cartridge 12ga Sting Balltrade HVreg

Type - Multiple Projectile Rubber Balls

Velocity - 900 ftsec (Avg) Maximum Effective Range - 60 feet

Projectiles - 3

63

12 Gauge ldquoPen Preventrdquo Bean Bag Round

bull Projectile Weight - 40 gmbull Material - Shot filled Ballistic Fiber Reinforced flexible sock

bull Terminal Velocity - 280 fps (average) at 10 yardsreg

bull Accuracy - 4rdquo or better at 40 yards using a cylinder bore Remington 870

64

Categories of Rounds bull Flexible ndash Generally conforms to

surface it hits

bull Non-Flexible - Generally doesnrsquot conforms to surface it hits

bull Ridged ndash Generally shatters or bounces off surface it comes into contact with

65

Chapter 3

Angles of Fire

Angles of Fire Defined as the

aiming point with a

designated round for maximum accuracy

67

Direct Angle bull Direct ndash Directly aimed into the target area

68

TARGET

Indirect Anglebull Indirect ndash Skipped into the target area (Usually 3-6 feet based on terrain)

69

TARGET

Low Angle

bull Low Angle ndash Aimed just outside of point of aim point of impact distance

70

TARGET

High Angle

bull High Angle ndash Aimed in a high arch into target area

71

TARGET

Chapter 4

Cause and Effect

Cause amp Effect of Rounds

bull Mental - Discuss

bull Physical - Discuss

73

Mental Effectsbull Specialty Impact Munitions have a

tremendous MENTAL effect on an individual In many cases the mental effects may far outweigh the physical effects and be the determining factor in the subjectrsquos response or time of incapacitation or distraction ldquoA fear of being shotrdquo

74

Anxietybull The action of pointing a firearm directly at

an individual andor actually firing a projectile

bull The pain and at times the appearance of

the injury may reinforce this belief

bull Instructor Note Can be addressed through training

75

Fearbull Arouses connotations and a fear of having been

shot with a firearm SIMS may cause a powerful mental distraction

bull Mentally the subject must cope with the physiological pain that the body feels

bull Instructor Note Can be addressed through personal experience

76

Panicbull Panic is not a desirable response due to having

less control of the subject or crowd

bull The impact is likely to create fear which may create a fight or flight response

bull Crowds may scatter rendering the intended escape route useless

bull Instructor Note LEAST DESIREABLE RESPONSE

77

Chapter 5

Primary vs Secondary Injuries

Primary vs Secondary Injury

Primary Injury

bull An injury directly caused by the use of force tool use

80

Secondary Injurybull An injury indirectly caused by

the use of force tool use

bull Either from resistance from subject or another officer and or environmental surroundings

81

Flight of a projectile

bull Once leaving barrel seeks equal weight distribution ndash Pan Cakes Saucer Spin

bull Head Wind ndash Round May Dive or Risebull Tail Wind ndash Round may Float or Cork

Screwbull Cross Wind ndash ldquoJrdquo Turn

82

Projectile CalculationWhen the distance of the target

INCREASES it effects

Velocity + Accuracy + Impact = Injury

83

Projectile CalculationWhen the distance of the target

DECREASES it effects

Velocity + Accuracy + Impact = Injury

84

Chapter 6

Target areas when using SIM

Blunt Trauma vs

Penetration Trauma

Blunt Traumabull The MAXIMUM desired effect of an impact munitions is

BLUNT TRAUMA - an impact from an object that leaves the body surface intact but may cause sufficient (non-life threatening) injury to distract control or incapacitate the subject

Stinger Round Injury

Pepperball Injury

Stinger Round Injury87

Types of Blunt Trauma Injuries

bull Abrasions - Skimming the surface skin area

bull Contusions - Injury to the brain

bull Lacerations - Partially hitting the skin surface from the side cutting the surface

88

Continued Blunt Trauma Injuriesbull Fractures - Primary injury when

munition strikes target are directly

bull Secondary injury when munitions strikes target area and causes the body to fall striking another surface indirectly

bull Concussion - Glancing blows or missed target or Falling or collapsing of the subject 89

Penetration Traumabull The unintended and most

undesirable outcome of an SIMS is penetration

bull SIMrsquos can cause Death or serious bodily injury

90

PenetrationPuncture ndash Entering the body

at arsquo90 degree angle breaking

thesurface of the skin

91

Target Areas

Unable to use a striking color baton chart

because the chart was used to identify areas of the body for impact and

injuries for striking a human which is MUCH less

force then deploying Specially Impact

Munitions92

Meat amp Muscle Areas

bull Primary target areas that when striking the human body will cause mild to intense pain with NO LONG LASTING INJURY

93

Primary Target Area ndash the target area

consisting of large muscle groupsbull Buttocks bull Thigh amp Calvesbull Lower Abdominal Areabull BicepsTricepsbull Forearm area

94

Meat amp Bone Areasbull Secondary target areas that when striking the human body will cause mild to intense pain with MINOR to LONG LASTING INJURY

95

Secondary target areas are skeletal areas ndash

preferred - may result in fractures

bull Shoulderbull Kneesbull Anklesbull Wrists bull Elbows

96

Bone amp Sensitive Areasbull Last resort target areas that when

striking the human body will cause intense pain with long lasting injury which MAY RESULT IN SERIOUS BODILY HARM WHICH MAY RESULT IN DEATH

97

Last Resort Target Area ndash the target area when

maximum effectiveness is desired to meet a level of

threat escalating to deadly force justification

bull Head amp Throatbull Chest (center mass)bull Solar plexusbull Groinbull Spinebull Lower back

98

99

100

Clothing

1 In colder climates where heavier clothing and jackets are worn rounds with higher energy capabilities will be required

2 In a case where the subject is lightly dressed pay close attention to munitions selection shot placement and engagement distance

3 In detention facilities and during civil disturbances the subjects may pad themselves in order to defeat the effects of SIM

101

Physical Stature and Condition ndash Is the subject heavy musculature or thin and skeletal age

1 250-pound muscular individual will more than likely be physiologically effected less than a 100-pound individual when both are struck in the sametarget area by SIM

2 The blunt trauma effects and the potential for penetration are much greater for the smallerperson 102

37MM Foam Baton-15 feet=WHOHOW12 ga Rubber Pellets HV- 22 feet= WHOHOW40MM Bean Bag-34 feet=WHOHOW

213

90 to 140 lbs 131 to 185 lbs 186 to 220 lbs (220 to 350+)

103

Immediate Surroundings 1Is there any person in the immediate area who

maybe at risk of a deflected or missed shot

2Identify your target backstop and beyond

104

Chapter 7

Intervention Options

THE FORCE CONTINUUM ndash WHEN TO USE SIMrsquos

bull Ladder of Forcebull Force Continuumbull Circle of Forcebull Force Modularbull Escalation of Force

106

107

OFFICER PRESENCE

bull Uniform Badge bull Dedicated Weapon Displayed

bull On a Slingbull Port Arms bull Ready Carry Position

108

Presence

109

Verbal Commands

bull Please stand over there bull Please sit down on the chairbull Stop put your hands downbull Ending with ldquoDo it nowrdquobull Professional Tone amp Attitude

110

NON-Verbal

111

Verbalization

112

SOFT PHYSICAL TECHNIQUES

bull Slight touching or guiding contact

bull Cupping an elbow to escort Lightly grabbing an arm or shoulder

bull AIMING WEAPON113

Aiming WeaponFinger OFF

Trigger

114

HARD PHYSICAL TECHNIQUES

bull Limb Control Techniquesbull Takedown Ground Stabilizationbull Dynamic Countermeasuresbull Impact Techniquesbull Electrical Devicesbull Hand held impact weapons bull Specialty Impact Munitions

115

Firing the Weapon116

DEADLY FORCE

bull Impact Weaponsbull SIM ndash Changing Aiming Point

bull Neck Restraintbull Firearm

117

Transitioning to

firearm

118

Chapter 8

Documentation

Documentationbull Collect all munitions expended and photographed when practical

ndashEvery CasingndashMark Misfired or Damaged rounds 120

Documentation

bull An inventory of munitions used and not used should be noted

ndashWhat was issued and went out

ndashWhat was fired and misfiredndashWhat was lost and not recovered 121

Documentation

bull A report should be written detailing the order in which the events occurred and the police actions that were required

122

Documentation

bull Report the effectiveness of the various types of SIMrsquos and their delivery systems

ndashWhat did I fire that didnrsquot

ndashWhat did I fire that did123

Documentationbull Document any injuries sustained and property damage incurred

ndashInjuries to SubjectndashOfficersndashBystanders

124

Documentationbull After the crowd has dispersed it

is necessary to move rapidly into the target area to remove lingering groups and to prevent the crowd from regrouping and continuing illegal activity

ndashFollow ThroughndashSecuring the Area

125

LIABILITY ISSUES

The court will decide whether the actions of the officers were

(1)Consistent with the limits set forth by the constitution federal and state laws

(2)Consistent with departmental policy and procedures

(3)Consistent with training the officer received to handle such situations

126

5 Important Questions to ASK

bull What was the distance angle and elevation

bull What was the construction of the round used

bull What was the size of the subjectbull What was the expected point of impactbull What was the training of the shooter

127

Questions the Court will ASK

(1) Look at the conduct of other officers who were present andor participated in the actions

(2) The conduct of supervisors who may have authorized the actions of officers

128

Questions the Court will ASK

(1) Were the actions of the officers consistent with their training

(2) Was the training adequate and acceptable by contemporary standards

If the officers were not trained does it amountto deliberate indifference on the part of the

agency 129

Was the actions of the officer

bull A trained techniquebull Was it a dynamic application of

the trained techniquebull Was it an untrained technique

justified under the circumstances

130

Case Law

Know your laws

Graham v Connor 490 US 386 (1989)

a The US Supreme Court case that defined the standard under which excessive force claims would be judged

(1) The standard established was that of objective reasonableness(2) Prior to this the standard was police behavior that shocks the conscienceldquo

bIn this case the court redefined and set forth a less subjective standard

132Copyrighted by Dave Young

1990

City of Canton v Harris 489 US 378 109 S Ct 1197 (1989)

a In this case a woman was arrested and did not receive necessary medical attention after a shift commander was made aware of her condition and decided she did not need medical attention

b Although on the face the City of Canton policy addressed medical issues they were grossly negligent in that they did not provide the shift commanders with the proper training to make such decisions 133

Copyrighted by Dave Young 1990

City of Canton v Harris 489 US 378 109 S Ct 1197 (1989)

c There were many issues that emerged from this case however the primary issue was that of failure to train on the part of the city That negligence amounted to being deliberately in different to the rights of the plaintiff

The implications of Canton v Harris can also go beyond training issues however the burden of proving the Standard of deliberate indifference is on the plaintiff and not easy to prove

d Court Recommendation The duties that officers are assigned to perform must be accompanied with adequate training to perform that function

134Copyrighted by Dave Young

1990

ONeal v DeKalb County GA 850 F2d 653 (11th Cir 1988)

a A mental subject stabbed 7 people before being confronted by the police After repeatedly ordering the subject to drop the knife and lay on the floor the subject rushed the officers and was shot to death

b The court ruled that the use of deadly force instead of non-lethal force against a knife wielding suspect was not malicious or unreasonable therefore not actionable by the plaintiffs

135Copyrighted by Dave Young

1990

Plakas v Drinski 19 F3rd 1143 (7th Cir 1994) cert Denied 115 S Ct 81 (1994)

This case involved the shooting of a suspect who was

wielding a fire poker When the officer attempted to

arrest him he charged the officer with the fire poker and

was shot by police

(1)Plaintiffs who sued on behalf of the deceased claimed the officer did not use other means of force available to him at that time listing disabling chemical spray a police dog and distance

136Copyrighted by Dave Young

1990

Plakas v Drinski 19 F3rd 1143 (7th Cir 1994) cert Denied 115 SCt 81 (1994)

(2) The court stated ldquothat to permit every jury in this type of case to hear expert testimony that the defendant would have been uninjured if only the police had been able to use disabling gas or a capture net or a electrical device

(a)A municipality is liable because it failed to buy this equipment

(b)The Constitution does not enact a police administratorrsquos

equipment listlsquordquo

(c) The court ruled that there is no legal precedent that requires an officer to utilize alternatives to deadly force

137Copyrighted by Dave Young

1990

Davis v Mason County 927 F2d 1473 (9th Cir 1991)

aThe court ruled that the department had adequate training on the technical components of the use of force but did not have adequate training on the constitutional limits of the use of force in effecting arrests

138Copyrighted by Dave Young

1990

Davis v Mason County 927 F2d 1473 (9th Cir 1991)

b In other words the officers were trained on the how but not on the why and when the force is appropriate

c Court Recommendation Training should include confrontational scenarios of situations that require decision making then articulation by the officer as to the justification for the force used or not used

139Copyrighted by Dave Young

1990

Quezada v County of Bernalillo 944 F2d 710 (10th Cir 1991)

a The court ruled that an officer might be held liable for putting himself in a situation that requires him to use deadly force against an armed suicidal person

b This case involved an officer who left a position of cover to confront a suicidal subject

140Copyrighted by Dave Young

1990

141

Dave YoungFounder amp Director

ARMA Training

Website wwwarmatrainingcom772-913-1615

copyrighted by Dave Young 1994

Justification of SIM Use

Covering Chemical Munitions

Protecting Formations

Protecting Life and Property

36

Powder Delivery Systems

bull Black Powder ndash Advantages

bullCost EffectivebullMore Rounds AvailablebullCan ONLY be fired in 37MM

37

Powder Delivery Systemsbull Black Powder ndash Disadvantages

bullMost Corrosive to weaponbull Increased Malfunction possibility

bullGive Shooters position awaybullLeast accurate munitions

38

Powder Delivery Systems

bull Smokeless Black Powder ndash Advantages

bullLeast Corrosive to weaponbullReduced Malfunction possibility

bullConceals Shooters position bullMost accurate munitions

39

Powder Delivery Systems

bull Smokeless Powder ndash Disadvantages

bullMost costly munitions

40

Casing Sizes

bull 37MM ndash Usually 8 inch in length Black Powder

bull 3740MM ndash Usually 55 inch in length

Black Powder or Smokeless

bull 40MM ndash Usually 48 in in length Smokeless Powder

41

Chapter 2

Classifications of Specialty Impact Munitions

Classifications of SIM Rounds

43

Low Energy VS High Energy Only need one of both

bull Weatherbull Distance from threat

bull Terrain

Low Energybull Designed to deliver minimal energy to cause slight physical discomfort for pain compliance or mental distraction

44

High Energybull Designed to deliver enough energy to inflict blunt trauma to cause greater physical discomfort and possible incapacitation

45

Low Energy Roundsbull 37MM or 40MM Multiple Rubber

Balls (32 or 60 caliber) or Stinger Ball

bull 37MM or 40MM Multiple Foam Baton bull 40MM Spin Stabilized FoamSponge

Roundbull 12 Gauge Rubber Pellets ndash Marked

Low Velocity 46

47

3132 Caliber Stinger BallsAdditional Information

37mm or 40MM

Black Powder or Smokeless

3132 Caliber Ball (approx)

55 or 8 inch casings

48

4560 Cal Rubber Balls

Additional Information

3740MM

Approx 24 Rubber Balls

Average 325 FPS

49

Foam Baton Rounds

Additional Information 37mm or 40MM Black Powder or Smokeless 35 baton rounds - 55 or 8 inch casings

50

40MM Spin Stabilized Foam Rounds

Additional Information

40MM Sponge Round Smokeless Delivery System

48 inch casings Most accurate round to date Most reliable round

51

Hit with 40MM Spin Stabilized Round 45 feet from Barrel

Notice no rip or tear in clothing

52

Hit with 40 MM Sponge Round 30 feet from Barrel

Within 3 days of being hit

1 hours after being hit

Shooter Sgt Don WeiderLexington SCSheriffrsquos Office

53

Stinger Balls Additional Information

CS ndash CN Powder Filled Launched or Thrown 31 Caliber (approximately 180

RBrsquos)

15 Sec Time delay

54

12 Gauge Rubber Pellets

Description - Cartridge 12ga Sting Balltradereg

Type - Multiple Projectile Rubber Pellets

Velocity - 400 ftsec (Avg) Maximum Effective Range - 50 feetProjectiles - 18 (average)

High Energy Rounds 37 or 40MM Multiple Wooded Baton 37 or 40MM Multiple Rubber Baton 37 or 40MM Bean Bag round 40MM Spin Stabilized FoamSponge

Round 12 Gauge Single 4560 Cal Ball Round 12 Gauge Bean Bag Round

55

56

3740 MM Wooded Baton Rounds

3740 MM

55 or 8 Inch Casings

BlackSmokeless Powder

35 Baton Rounds

57

3740 MM Interlocking Rubber Baton

3740 MM

55 or 8 Inch Casings

BlackSmokeless Powder

35 Baton Rounds

58

3740 MM Mono Rubber Baton

3740 MM

55 or 8 Inch Casings

BlackSmokeless Powder

Single Baton Round

59

3740 MM Pen-Prevent or Super ldquoSOCrdquo Bean Bag Round

Additional Information

Black PowderSmokeless

Glass BeadsSilica Sand Lead Pelts

Aerodynamic or Non-Aerodynamic

60

40MM Spin Stabilized Foam Rounds

Additional Information 40MM Sponge Round Smokeless Delivery System 48 inch casing Most accurate round to date Special Nylon Casing

Only round which can be

effectively fired in all 5 ZONES

61

12 Gauge High Velocity - Rubber Pellets

Description - Cartridge 12ga Sting Balltrade HVreg

Type - Multiple Projectile Rubber Pellets

Velocity - 900 ftsec (Avg) Maximum Effective Range - 60 feet

Projectiles - 18 (average)

62

12 Gauge High Velocity - Tri-Dent 3 Rubber Ball

Description - Cartridge 12ga Sting Balltrade HVreg

Type - Multiple Projectile Rubber Balls

Velocity - 900 ftsec (Avg) Maximum Effective Range - 60 feet

Projectiles - 3

63

12 Gauge ldquoPen Preventrdquo Bean Bag Round

bull Projectile Weight - 40 gmbull Material - Shot filled Ballistic Fiber Reinforced flexible sock

bull Terminal Velocity - 280 fps (average) at 10 yardsreg

bull Accuracy - 4rdquo or better at 40 yards using a cylinder bore Remington 870

64

Categories of Rounds bull Flexible ndash Generally conforms to

surface it hits

bull Non-Flexible - Generally doesnrsquot conforms to surface it hits

bull Ridged ndash Generally shatters or bounces off surface it comes into contact with

65

Chapter 3

Angles of Fire

Angles of Fire Defined as the

aiming point with a

designated round for maximum accuracy

67

Direct Angle bull Direct ndash Directly aimed into the target area

68

TARGET

Indirect Anglebull Indirect ndash Skipped into the target area (Usually 3-6 feet based on terrain)

69

TARGET

Low Angle

bull Low Angle ndash Aimed just outside of point of aim point of impact distance

70

TARGET

High Angle

bull High Angle ndash Aimed in a high arch into target area

71

TARGET

Chapter 4

Cause and Effect

Cause amp Effect of Rounds

bull Mental - Discuss

bull Physical - Discuss

73

Mental Effectsbull Specialty Impact Munitions have a

tremendous MENTAL effect on an individual In many cases the mental effects may far outweigh the physical effects and be the determining factor in the subjectrsquos response or time of incapacitation or distraction ldquoA fear of being shotrdquo

74

Anxietybull The action of pointing a firearm directly at

an individual andor actually firing a projectile

bull The pain and at times the appearance of

the injury may reinforce this belief

bull Instructor Note Can be addressed through training

75

Fearbull Arouses connotations and a fear of having been

shot with a firearm SIMS may cause a powerful mental distraction

bull Mentally the subject must cope with the physiological pain that the body feels

bull Instructor Note Can be addressed through personal experience

76

Panicbull Panic is not a desirable response due to having

less control of the subject or crowd

bull The impact is likely to create fear which may create a fight or flight response

bull Crowds may scatter rendering the intended escape route useless

bull Instructor Note LEAST DESIREABLE RESPONSE

77

Chapter 5

Primary vs Secondary Injuries

Primary vs Secondary Injury

Primary Injury

bull An injury directly caused by the use of force tool use

80

Secondary Injurybull An injury indirectly caused by

the use of force tool use

bull Either from resistance from subject or another officer and or environmental surroundings

81

Flight of a projectile

bull Once leaving barrel seeks equal weight distribution ndash Pan Cakes Saucer Spin

bull Head Wind ndash Round May Dive or Risebull Tail Wind ndash Round may Float or Cork

Screwbull Cross Wind ndash ldquoJrdquo Turn

82

Projectile CalculationWhen the distance of the target

INCREASES it effects

Velocity + Accuracy + Impact = Injury

83

Projectile CalculationWhen the distance of the target

DECREASES it effects

Velocity + Accuracy + Impact = Injury

84

Chapter 6

Target areas when using SIM

Blunt Trauma vs

Penetration Trauma

Blunt Traumabull The MAXIMUM desired effect of an impact munitions is

BLUNT TRAUMA - an impact from an object that leaves the body surface intact but may cause sufficient (non-life threatening) injury to distract control or incapacitate the subject

Stinger Round Injury

Pepperball Injury

Stinger Round Injury87

Types of Blunt Trauma Injuries

bull Abrasions - Skimming the surface skin area

bull Contusions - Injury to the brain

bull Lacerations - Partially hitting the skin surface from the side cutting the surface

88

Continued Blunt Trauma Injuriesbull Fractures - Primary injury when

munition strikes target are directly

bull Secondary injury when munitions strikes target area and causes the body to fall striking another surface indirectly

bull Concussion - Glancing blows or missed target or Falling or collapsing of the subject 89

Penetration Traumabull The unintended and most

undesirable outcome of an SIMS is penetration

bull SIMrsquos can cause Death or serious bodily injury

90

PenetrationPuncture ndash Entering the body

at arsquo90 degree angle breaking

thesurface of the skin

91

Target Areas

Unable to use a striking color baton chart

because the chart was used to identify areas of the body for impact and

injuries for striking a human which is MUCH less

force then deploying Specially Impact

Munitions92

Meat amp Muscle Areas

bull Primary target areas that when striking the human body will cause mild to intense pain with NO LONG LASTING INJURY

93

Primary Target Area ndash the target area

consisting of large muscle groupsbull Buttocks bull Thigh amp Calvesbull Lower Abdominal Areabull BicepsTricepsbull Forearm area

94

Meat amp Bone Areasbull Secondary target areas that when striking the human body will cause mild to intense pain with MINOR to LONG LASTING INJURY

95

Secondary target areas are skeletal areas ndash

preferred - may result in fractures

bull Shoulderbull Kneesbull Anklesbull Wrists bull Elbows

96

Bone amp Sensitive Areasbull Last resort target areas that when

striking the human body will cause intense pain with long lasting injury which MAY RESULT IN SERIOUS BODILY HARM WHICH MAY RESULT IN DEATH

97

Last Resort Target Area ndash the target area when

maximum effectiveness is desired to meet a level of

threat escalating to deadly force justification

bull Head amp Throatbull Chest (center mass)bull Solar plexusbull Groinbull Spinebull Lower back

98

99

100

Clothing

1 In colder climates where heavier clothing and jackets are worn rounds with higher energy capabilities will be required

2 In a case where the subject is lightly dressed pay close attention to munitions selection shot placement and engagement distance

3 In detention facilities and during civil disturbances the subjects may pad themselves in order to defeat the effects of SIM

101

Physical Stature and Condition ndash Is the subject heavy musculature or thin and skeletal age

1 250-pound muscular individual will more than likely be physiologically effected less than a 100-pound individual when both are struck in the sametarget area by SIM

2 The blunt trauma effects and the potential for penetration are much greater for the smallerperson 102

37MM Foam Baton-15 feet=WHOHOW12 ga Rubber Pellets HV- 22 feet= WHOHOW40MM Bean Bag-34 feet=WHOHOW

213

90 to 140 lbs 131 to 185 lbs 186 to 220 lbs (220 to 350+)

103

Immediate Surroundings 1Is there any person in the immediate area who

maybe at risk of a deflected or missed shot

2Identify your target backstop and beyond

104

Chapter 7

Intervention Options

THE FORCE CONTINUUM ndash WHEN TO USE SIMrsquos

bull Ladder of Forcebull Force Continuumbull Circle of Forcebull Force Modularbull Escalation of Force

106

107

OFFICER PRESENCE

bull Uniform Badge bull Dedicated Weapon Displayed

bull On a Slingbull Port Arms bull Ready Carry Position

108

Presence

109

Verbal Commands

bull Please stand over there bull Please sit down on the chairbull Stop put your hands downbull Ending with ldquoDo it nowrdquobull Professional Tone amp Attitude

110

NON-Verbal

111

Verbalization

112

SOFT PHYSICAL TECHNIQUES

bull Slight touching or guiding contact

bull Cupping an elbow to escort Lightly grabbing an arm or shoulder

bull AIMING WEAPON113

Aiming WeaponFinger OFF

Trigger

114

HARD PHYSICAL TECHNIQUES

bull Limb Control Techniquesbull Takedown Ground Stabilizationbull Dynamic Countermeasuresbull Impact Techniquesbull Electrical Devicesbull Hand held impact weapons bull Specialty Impact Munitions

115

Firing the Weapon116

DEADLY FORCE

bull Impact Weaponsbull SIM ndash Changing Aiming Point

bull Neck Restraintbull Firearm

117

Transitioning to

firearm

118

Chapter 8

Documentation

Documentationbull Collect all munitions expended and photographed when practical

ndashEvery CasingndashMark Misfired or Damaged rounds 120

Documentation

bull An inventory of munitions used and not used should be noted

ndashWhat was issued and went out

ndashWhat was fired and misfiredndashWhat was lost and not recovered 121

Documentation

bull A report should be written detailing the order in which the events occurred and the police actions that were required

122

Documentation

bull Report the effectiveness of the various types of SIMrsquos and their delivery systems

ndashWhat did I fire that didnrsquot

ndashWhat did I fire that did123

Documentationbull Document any injuries sustained and property damage incurred

ndashInjuries to SubjectndashOfficersndashBystanders

124

Documentationbull After the crowd has dispersed it

is necessary to move rapidly into the target area to remove lingering groups and to prevent the crowd from regrouping and continuing illegal activity

ndashFollow ThroughndashSecuring the Area

125

LIABILITY ISSUES

The court will decide whether the actions of the officers were

(1)Consistent with the limits set forth by the constitution federal and state laws

(2)Consistent with departmental policy and procedures

(3)Consistent with training the officer received to handle such situations

126

5 Important Questions to ASK

bull What was the distance angle and elevation

bull What was the construction of the round used

bull What was the size of the subjectbull What was the expected point of impactbull What was the training of the shooter

127

Questions the Court will ASK

(1) Look at the conduct of other officers who were present andor participated in the actions

(2) The conduct of supervisors who may have authorized the actions of officers

128

Questions the Court will ASK

(1) Were the actions of the officers consistent with their training

(2) Was the training adequate and acceptable by contemporary standards

If the officers were not trained does it amountto deliberate indifference on the part of the

agency 129

Was the actions of the officer

bull A trained techniquebull Was it a dynamic application of

the trained techniquebull Was it an untrained technique

justified under the circumstances

130

Case Law

Know your laws

Graham v Connor 490 US 386 (1989)

a The US Supreme Court case that defined the standard under which excessive force claims would be judged

(1) The standard established was that of objective reasonableness(2) Prior to this the standard was police behavior that shocks the conscienceldquo

bIn this case the court redefined and set forth a less subjective standard

132Copyrighted by Dave Young

1990

City of Canton v Harris 489 US 378 109 S Ct 1197 (1989)

a In this case a woman was arrested and did not receive necessary medical attention after a shift commander was made aware of her condition and decided she did not need medical attention

b Although on the face the City of Canton policy addressed medical issues they were grossly negligent in that they did not provide the shift commanders with the proper training to make such decisions 133

Copyrighted by Dave Young 1990

City of Canton v Harris 489 US 378 109 S Ct 1197 (1989)

c There were many issues that emerged from this case however the primary issue was that of failure to train on the part of the city That negligence amounted to being deliberately in different to the rights of the plaintiff

The implications of Canton v Harris can also go beyond training issues however the burden of proving the Standard of deliberate indifference is on the plaintiff and not easy to prove

d Court Recommendation The duties that officers are assigned to perform must be accompanied with adequate training to perform that function

134Copyrighted by Dave Young

1990

ONeal v DeKalb County GA 850 F2d 653 (11th Cir 1988)

a A mental subject stabbed 7 people before being confronted by the police After repeatedly ordering the subject to drop the knife and lay on the floor the subject rushed the officers and was shot to death

b The court ruled that the use of deadly force instead of non-lethal force against a knife wielding suspect was not malicious or unreasonable therefore not actionable by the plaintiffs

135Copyrighted by Dave Young

1990

Plakas v Drinski 19 F3rd 1143 (7th Cir 1994) cert Denied 115 S Ct 81 (1994)

This case involved the shooting of a suspect who was

wielding a fire poker When the officer attempted to

arrest him he charged the officer with the fire poker and

was shot by police

(1)Plaintiffs who sued on behalf of the deceased claimed the officer did not use other means of force available to him at that time listing disabling chemical spray a police dog and distance

136Copyrighted by Dave Young

1990

Plakas v Drinski 19 F3rd 1143 (7th Cir 1994) cert Denied 115 SCt 81 (1994)

(2) The court stated ldquothat to permit every jury in this type of case to hear expert testimony that the defendant would have been uninjured if only the police had been able to use disabling gas or a capture net or a electrical device

(a)A municipality is liable because it failed to buy this equipment

(b)The Constitution does not enact a police administratorrsquos

equipment listlsquordquo

(c) The court ruled that there is no legal precedent that requires an officer to utilize alternatives to deadly force

137Copyrighted by Dave Young

1990

Davis v Mason County 927 F2d 1473 (9th Cir 1991)

aThe court ruled that the department had adequate training on the technical components of the use of force but did not have adequate training on the constitutional limits of the use of force in effecting arrests

138Copyrighted by Dave Young

1990

Davis v Mason County 927 F2d 1473 (9th Cir 1991)

b In other words the officers were trained on the how but not on the why and when the force is appropriate

c Court Recommendation Training should include confrontational scenarios of situations that require decision making then articulation by the officer as to the justification for the force used or not used

139Copyrighted by Dave Young

1990

Quezada v County of Bernalillo 944 F2d 710 (10th Cir 1991)

a The court ruled that an officer might be held liable for putting himself in a situation that requires him to use deadly force against an armed suicidal person

b This case involved an officer who left a position of cover to confront a suicidal subject

140Copyrighted by Dave Young

1990

141

Dave YoungFounder amp Director

ARMA Training

Website wwwarmatrainingcom772-913-1615

copyrighted by Dave Young 1994

Powder Delivery Systems

bull Black Powder ndash Advantages

bullCost EffectivebullMore Rounds AvailablebullCan ONLY be fired in 37MM

37

Powder Delivery Systemsbull Black Powder ndash Disadvantages

bullMost Corrosive to weaponbull Increased Malfunction possibility

bullGive Shooters position awaybullLeast accurate munitions

38

Powder Delivery Systems

bull Smokeless Black Powder ndash Advantages

bullLeast Corrosive to weaponbullReduced Malfunction possibility

bullConceals Shooters position bullMost accurate munitions

39

Powder Delivery Systems

bull Smokeless Powder ndash Disadvantages

bullMost costly munitions

40

Casing Sizes

bull 37MM ndash Usually 8 inch in length Black Powder

bull 3740MM ndash Usually 55 inch in length

Black Powder or Smokeless

bull 40MM ndash Usually 48 in in length Smokeless Powder

41

Chapter 2

Classifications of Specialty Impact Munitions

Classifications of SIM Rounds

43

Low Energy VS High Energy Only need one of both

bull Weatherbull Distance from threat

bull Terrain

Low Energybull Designed to deliver minimal energy to cause slight physical discomfort for pain compliance or mental distraction

44

High Energybull Designed to deliver enough energy to inflict blunt trauma to cause greater physical discomfort and possible incapacitation

45

Low Energy Roundsbull 37MM or 40MM Multiple Rubber

Balls (32 or 60 caliber) or Stinger Ball

bull 37MM or 40MM Multiple Foam Baton bull 40MM Spin Stabilized FoamSponge

Roundbull 12 Gauge Rubber Pellets ndash Marked

Low Velocity 46

47

3132 Caliber Stinger BallsAdditional Information

37mm or 40MM

Black Powder or Smokeless

3132 Caliber Ball (approx)

55 or 8 inch casings

48

4560 Cal Rubber Balls

Additional Information

3740MM

Approx 24 Rubber Balls

Average 325 FPS

49

Foam Baton Rounds

Additional Information 37mm or 40MM Black Powder or Smokeless 35 baton rounds - 55 or 8 inch casings

50

40MM Spin Stabilized Foam Rounds

Additional Information

40MM Sponge Round Smokeless Delivery System

48 inch casings Most accurate round to date Most reliable round

51

Hit with 40MM Spin Stabilized Round 45 feet from Barrel

Notice no rip or tear in clothing

52

Hit with 40 MM Sponge Round 30 feet from Barrel

Within 3 days of being hit

1 hours after being hit

Shooter Sgt Don WeiderLexington SCSheriffrsquos Office

53

Stinger Balls Additional Information

CS ndash CN Powder Filled Launched or Thrown 31 Caliber (approximately 180

RBrsquos)

15 Sec Time delay

54

12 Gauge Rubber Pellets

Description - Cartridge 12ga Sting Balltradereg

Type - Multiple Projectile Rubber Pellets

Velocity - 400 ftsec (Avg) Maximum Effective Range - 50 feetProjectiles - 18 (average)

High Energy Rounds 37 or 40MM Multiple Wooded Baton 37 or 40MM Multiple Rubber Baton 37 or 40MM Bean Bag round 40MM Spin Stabilized FoamSponge

Round 12 Gauge Single 4560 Cal Ball Round 12 Gauge Bean Bag Round

55

56

3740 MM Wooded Baton Rounds

3740 MM

55 or 8 Inch Casings

BlackSmokeless Powder

35 Baton Rounds

57

3740 MM Interlocking Rubber Baton

3740 MM

55 or 8 Inch Casings

BlackSmokeless Powder

35 Baton Rounds

58

3740 MM Mono Rubber Baton

3740 MM

55 or 8 Inch Casings

BlackSmokeless Powder

Single Baton Round

59

3740 MM Pen-Prevent or Super ldquoSOCrdquo Bean Bag Round

Additional Information

Black PowderSmokeless

Glass BeadsSilica Sand Lead Pelts

Aerodynamic or Non-Aerodynamic

60

40MM Spin Stabilized Foam Rounds

Additional Information 40MM Sponge Round Smokeless Delivery System 48 inch casing Most accurate round to date Special Nylon Casing

Only round which can be

effectively fired in all 5 ZONES

61

12 Gauge High Velocity - Rubber Pellets

Description - Cartridge 12ga Sting Balltrade HVreg

Type - Multiple Projectile Rubber Pellets

Velocity - 900 ftsec (Avg) Maximum Effective Range - 60 feet

Projectiles - 18 (average)

62

12 Gauge High Velocity - Tri-Dent 3 Rubber Ball

Description - Cartridge 12ga Sting Balltrade HVreg

Type - Multiple Projectile Rubber Balls

Velocity - 900 ftsec (Avg) Maximum Effective Range - 60 feet

Projectiles - 3

63

12 Gauge ldquoPen Preventrdquo Bean Bag Round

bull Projectile Weight - 40 gmbull Material - Shot filled Ballistic Fiber Reinforced flexible sock

bull Terminal Velocity - 280 fps (average) at 10 yardsreg

bull Accuracy - 4rdquo or better at 40 yards using a cylinder bore Remington 870

64

Categories of Rounds bull Flexible ndash Generally conforms to

surface it hits

bull Non-Flexible - Generally doesnrsquot conforms to surface it hits

bull Ridged ndash Generally shatters or bounces off surface it comes into contact with

65

Chapter 3

Angles of Fire

Angles of Fire Defined as the

aiming point with a

designated round for maximum accuracy

67

Direct Angle bull Direct ndash Directly aimed into the target area

68

TARGET

Indirect Anglebull Indirect ndash Skipped into the target area (Usually 3-6 feet based on terrain)

69

TARGET

Low Angle

bull Low Angle ndash Aimed just outside of point of aim point of impact distance

70

TARGET

High Angle

bull High Angle ndash Aimed in a high arch into target area

71

TARGET

Chapter 4

Cause and Effect

Cause amp Effect of Rounds

bull Mental - Discuss

bull Physical - Discuss

73

Mental Effectsbull Specialty Impact Munitions have a

tremendous MENTAL effect on an individual In many cases the mental effects may far outweigh the physical effects and be the determining factor in the subjectrsquos response or time of incapacitation or distraction ldquoA fear of being shotrdquo

74

Anxietybull The action of pointing a firearm directly at

an individual andor actually firing a projectile

bull The pain and at times the appearance of

the injury may reinforce this belief

bull Instructor Note Can be addressed through training

75

Fearbull Arouses connotations and a fear of having been

shot with a firearm SIMS may cause a powerful mental distraction

bull Mentally the subject must cope with the physiological pain that the body feels

bull Instructor Note Can be addressed through personal experience

76

Panicbull Panic is not a desirable response due to having

less control of the subject or crowd

bull The impact is likely to create fear which may create a fight or flight response

bull Crowds may scatter rendering the intended escape route useless

bull Instructor Note LEAST DESIREABLE RESPONSE

77

Chapter 5

Primary vs Secondary Injuries

Primary vs Secondary Injury

Primary Injury

bull An injury directly caused by the use of force tool use

80

Secondary Injurybull An injury indirectly caused by

the use of force tool use

bull Either from resistance from subject or another officer and or environmental surroundings

81

Flight of a projectile

bull Once leaving barrel seeks equal weight distribution ndash Pan Cakes Saucer Spin

bull Head Wind ndash Round May Dive or Risebull Tail Wind ndash Round may Float or Cork

Screwbull Cross Wind ndash ldquoJrdquo Turn

82

Projectile CalculationWhen the distance of the target

INCREASES it effects

Velocity + Accuracy + Impact = Injury

83

Projectile CalculationWhen the distance of the target

DECREASES it effects

Velocity + Accuracy + Impact = Injury

84

Chapter 6

Target areas when using SIM

Blunt Trauma vs

Penetration Trauma

Blunt Traumabull The MAXIMUM desired effect of an impact munitions is

BLUNT TRAUMA - an impact from an object that leaves the body surface intact but may cause sufficient (non-life threatening) injury to distract control or incapacitate the subject

Stinger Round Injury

Pepperball Injury

Stinger Round Injury87

Types of Blunt Trauma Injuries

bull Abrasions - Skimming the surface skin area

bull Contusions - Injury to the brain

bull Lacerations - Partially hitting the skin surface from the side cutting the surface

88

Continued Blunt Trauma Injuriesbull Fractures - Primary injury when

munition strikes target are directly

bull Secondary injury when munitions strikes target area and causes the body to fall striking another surface indirectly

bull Concussion - Glancing blows or missed target or Falling or collapsing of the subject 89

Penetration Traumabull The unintended and most

undesirable outcome of an SIMS is penetration

bull SIMrsquos can cause Death or serious bodily injury

90

PenetrationPuncture ndash Entering the body

at arsquo90 degree angle breaking

thesurface of the skin

91

Target Areas

Unable to use a striking color baton chart

because the chart was used to identify areas of the body for impact and

injuries for striking a human which is MUCH less

force then deploying Specially Impact

Munitions92

Meat amp Muscle Areas

bull Primary target areas that when striking the human body will cause mild to intense pain with NO LONG LASTING INJURY

93

Primary Target Area ndash the target area

consisting of large muscle groupsbull Buttocks bull Thigh amp Calvesbull Lower Abdominal Areabull BicepsTricepsbull Forearm area

94

Meat amp Bone Areasbull Secondary target areas that when striking the human body will cause mild to intense pain with MINOR to LONG LASTING INJURY

95

Secondary target areas are skeletal areas ndash

preferred - may result in fractures

bull Shoulderbull Kneesbull Anklesbull Wrists bull Elbows

96

Bone amp Sensitive Areasbull Last resort target areas that when

striking the human body will cause intense pain with long lasting injury which MAY RESULT IN SERIOUS BODILY HARM WHICH MAY RESULT IN DEATH

97

Last Resort Target Area ndash the target area when

maximum effectiveness is desired to meet a level of

threat escalating to deadly force justification

bull Head amp Throatbull Chest (center mass)bull Solar plexusbull Groinbull Spinebull Lower back

98

99

100

Clothing

1 In colder climates where heavier clothing and jackets are worn rounds with higher energy capabilities will be required

2 In a case where the subject is lightly dressed pay close attention to munitions selection shot placement and engagement distance

3 In detention facilities and during civil disturbances the subjects may pad themselves in order to defeat the effects of SIM

101

Physical Stature and Condition ndash Is the subject heavy musculature or thin and skeletal age

1 250-pound muscular individual will more than likely be physiologically effected less than a 100-pound individual when both are struck in the sametarget area by SIM

2 The blunt trauma effects and the potential for penetration are much greater for the smallerperson 102

37MM Foam Baton-15 feet=WHOHOW12 ga Rubber Pellets HV- 22 feet= WHOHOW40MM Bean Bag-34 feet=WHOHOW

213

90 to 140 lbs 131 to 185 lbs 186 to 220 lbs (220 to 350+)

103

Immediate Surroundings 1Is there any person in the immediate area who

maybe at risk of a deflected or missed shot

2Identify your target backstop and beyond

104

Chapter 7

Intervention Options

THE FORCE CONTINUUM ndash WHEN TO USE SIMrsquos

bull Ladder of Forcebull Force Continuumbull Circle of Forcebull Force Modularbull Escalation of Force

106

107

OFFICER PRESENCE

bull Uniform Badge bull Dedicated Weapon Displayed

bull On a Slingbull Port Arms bull Ready Carry Position

108

Presence

109

Verbal Commands

bull Please stand over there bull Please sit down on the chairbull Stop put your hands downbull Ending with ldquoDo it nowrdquobull Professional Tone amp Attitude

110

NON-Verbal

111

Verbalization

112

SOFT PHYSICAL TECHNIQUES

bull Slight touching or guiding contact

bull Cupping an elbow to escort Lightly grabbing an arm or shoulder

bull AIMING WEAPON113

Aiming WeaponFinger OFF

Trigger

114

HARD PHYSICAL TECHNIQUES

bull Limb Control Techniquesbull Takedown Ground Stabilizationbull Dynamic Countermeasuresbull Impact Techniquesbull Electrical Devicesbull Hand held impact weapons bull Specialty Impact Munitions

115

Firing the Weapon116

DEADLY FORCE

bull Impact Weaponsbull SIM ndash Changing Aiming Point

bull Neck Restraintbull Firearm

117

Transitioning to

firearm

118

Chapter 8

Documentation

Documentationbull Collect all munitions expended and photographed when practical

ndashEvery CasingndashMark Misfired or Damaged rounds 120

Documentation

bull An inventory of munitions used and not used should be noted

ndashWhat was issued and went out

ndashWhat was fired and misfiredndashWhat was lost and not recovered 121

Documentation

bull A report should be written detailing the order in which the events occurred and the police actions that were required

122

Documentation

bull Report the effectiveness of the various types of SIMrsquos and their delivery systems

ndashWhat did I fire that didnrsquot

ndashWhat did I fire that did123

Documentationbull Document any injuries sustained and property damage incurred

ndashInjuries to SubjectndashOfficersndashBystanders

124

Documentationbull After the crowd has dispersed it

is necessary to move rapidly into the target area to remove lingering groups and to prevent the crowd from regrouping and continuing illegal activity

ndashFollow ThroughndashSecuring the Area

125

LIABILITY ISSUES

The court will decide whether the actions of the officers were

(1)Consistent with the limits set forth by the constitution federal and state laws

(2)Consistent with departmental policy and procedures

(3)Consistent with training the officer received to handle such situations

126

5 Important Questions to ASK

bull What was the distance angle and elevation

bull What was the construction of the round used

bull What was the size of the subjectbull What was the expected point of impactbull What was the training of the shooter

127

Questions the Court will ASK

(1) Look at the conduct of other officers who were present andor participated in the actions

(2) The conduct of supervisors who may have authorized the actions of officers

128

Questions the Court will ASK

(1) Were the actions of the officers consistent with their training

(2) Was the training adequate and acceptable by contemporary standards

If the officers were not trained does it amountto deliberate indifference on the part of the

agency 129

Was the actions of the officer

bull A trained techniquebull Was it a dynamic application of

the trained techniquebull Was it an untrained technique

justified under the circumstances

130

Case Law

Know your laws

Graham v Connor 490 US 386 (1989)

a The US Supreme Court case that defined the standard under which excessive force claims would be judged

(1) The standard established was that of objective reasonableness(2) Prior to this the standard was police behavior that shocks the conscienceldquo

bIn this case the court redefined and set forth a less subjective standard

132Copyrighted by Dave Young

1990

City of Canton v Harris 489 US 378 109 S Ct 1197 (1989)

a In this case a woman was arrested and did not receive necessary medical attention after a shift commander was made aware of her condition and decided she did not need medical attention

b Although on the face the City of Canton policy addressed medical issues they were grossly negligent in that they did not provide the shift commanders with the proper training to make such decisions 133

Copyrighted by Dave Young 1990

City of Canton v Harris 489 US 378 109 S Ct 1197 (1989)

c There were many issues that emerged from this case however the primary issue was that of failure to train on the part of the city That negligence amounted to being deliberately in different to the rights of the plaintiff

The implications of Canton v Harris can also go beyond training issues however the burden of proving the Standard of deliberate indifference is on the plaintiff and not easy to prove

d Court Recommendation The duties that officers are assigned to perform must be accompanied with adequate training to perform that function

134Copyrighted by Dave Young

1990

ONeal v DeKalb County GA 850 F2d 653 (11th Cir 1988)

a A mental subject stabbed 7 people before being confronted by the police After repeatedly ordering the subject to drop the knife and lay on the floor the subject rushed the officers and was shot to death

b The court ruled that the use of deadly force instead of non-lethal force against a knife wielding suspect was not malicious or unreasonable therefore not actionable by the plaintiffs

135Copyrighted by Dave Young

1990

Plakas v Drinski 19 F3rd 1143 (7th Cir 1994) cert Denied 115 S Ct 81 (1994)

This case involved the shooting of a suspect who was

wielding a fire poker When the officer attempted to

arrest him he charged the officer with the fire poker and

was shot by police

(1)Plaintiffs who sued on behalf of the deceased claimed the officer did not use other means of force available to him at that time listing disabling chemical spray a police dog and distance

136Copyrighted by Dave Young

1990

Plakas v Drinski 19 F3rd 1143 (7th Cir 1994) cert Denied 115 SCt 81 (1994)

(2) The court stated ldquothat to permit every jury in this type of case to hear expert testimony that the defendant would have been uninjured if only the police had been able to use disabling gas or a capture net or a electrical device

(a)A municipality is liable because it failed to buy this equipment

(b)The Constitution does not enact a police administratorrsquos

equipment listlsquordquo

(c) The court ruled that there is no legal precedent that requires an officer to utilize alternatives to deadly force

137Copyrighted by Dave Young

1990

Davis v Mason County 927 F2d 1473 (9th Cir 1991)

aThe court ruled that the department had adequate training on the technical components of the use of force but did not have adequate training on the constitutional limits of the use of force in effecting arrests

138Copyrighted by Dave Young

1990

Davis v Mason County 927 F2d 1473 (9th Cir 1991)

b In other words the officers were trained on the how but not on the why and when the force is appropriate

c Court Recommendation Training should include confrontational scenarios of situations that require decision making then articulation by the officer as to the justification for the force used or not used

139Copyrighted by Dave Young

1990

Quezada v County of Bernalillo 944 F2d 710 (10th Cir 1991)

a The court ruled that an officer might be held liable for putting himself in a situation that requires him to use deadly force against an armed suicidal person

b This case involved an officer who left a position of cover to confront a suicidal subject

140Copyrighted by Dave Young

1990

141

Dave YoungFounder amp Director

ARMA Training

Website wwwarmatrainingcom772-913-1615

copyrighted by Dave Young 1994

Powder Delivery Systemsbull Black Powder ndash Disadvantages

bullMost Corrosive to weaponbull Increased Malfunction possibility

bullGive Shooters position awaybullLeast accurate munitions

38

Powder Delivery Systems

bull Smokeless Black Powder ndash Advantages

bullLeast Corrosive to weaponbullReduced Malfunction possibility

bullConceals Shooters position bullMost accurate munitions

39

Powder Delivery Systems

bull Smokeless Powder ndash Disadvantages

bullMost costly munitions

40

Casing Sizes

bull 37MM ndash Usually 8 inch in length Black Powder

bull 3740MM ndash Usually 55 inch in length

Black Powder or Smokeless

bull 40MM ndash Usually 48 in in length Smokeless Powder

41

Chapter 2

Classifications of Specialty Impact Munitions

Classifications of SIM Rounds

43

Low Energy VS High Energy Only need one of both

bull Weatherbull Distance from threat

bull Terrain

Low Energybull Designed to deliver minimal energy to cause slight physical discomfort for pain compliance or mental distraction

44

High Energybull Designed to deliver enough energy to inflict blunt trauma to cause greater physical discomfort and possible incapacitation

45

Low Energy Roundsbull 37MM or 40MM Multiple Rubber

Balls (32 or 60 caliber) or Stinger Ball

bull 37MM or 40MM Multiple Foam Baton bull 40MM Spin Stabilized FoamSponge

Roundbull 12 Gauge Rubber Pellets ndash Marked

Low Velocity 46

47

3132 Caliber Stinger BallsAdditional Information

37mm or 40MM

Black Powder or Smokeless

3132 Caliber Ball (approx)

55 or 8 inch casings

48

4560 Cal Rubber Balls

Additional Information

3740MM

Approx 24 Rubber Balls

Average 325 FPS

49

Foam Baton Rounds

Additional Information 37mm or 40MM Black Powder or Smokeless 35 baton rounds - 55 or 8 inch casings

50

40MM Spin Stabilized Foam Rounds

Additional Information

40MM Sponge Round Smokeless Delivery System

48 inch casings Most accurate round to date Most reliable round

51

Hit with 40MM Spin Stabilized Round 45 feet from Barrel

Notice no rip or tear in clothing

52

Hit with 40 MM Sponge Round 30 feet from Barrel

Within 3 days of being hit

1 hours after being hit

Shooter Sgt Don WeiderLexington SCSheriffrsquos Office

53

Stinger Balls Additional Information

CS ndash CN Powder Filled Launched or Thrown 31 Caliber (approximately 180

RBrsquos)

15 Sec Time delay

54

12 Gauge Rubber Pellets

Description - Cartridge 12ga Sting Balltradereg

Type - Multiple Projectile Rubber Pellets

Velocity - 400 ftsec (Avg) Maximum Effective Range - 50 feetProjectiles - 18 (average)

High Energy Rounds 37 or 40MM Multiple Wooded Baton 37 or 40MM Multiple Rubber Baton 37 or 40MM Bean Bag round 40MM Spin Stabilized FoamSponge

Round 12 Gauge Single 4560 Cal Ball Round 12 Gauge Bean Bag Round

55

56

3740 MM Wooded Baton Rounds

3740 MM

55 or 8 Inch Casings

BlackSmokeless Powder

35 Baton Rounds

57

3740 MM Interlocking Rubber Baton

3740 MM

55 or 8 Inch Casings

BlackSmokeless Powder

35 Baton Rounds

58

3740 MM Mono Rubber Baton

3740 MM

55 or 8 Inch Casings

BlackSmokeless Powder

Single Baton Round

59

3740 MM Pen-Prevent or Super ldquoSOCrdquo Bean Bag Round

Additional Information

Black PowderSmokeless

Glass BeadsSilica Sand Lead Pelts

Aerodynamic or Non-Aerodynamic

60

40MM Spin Stabilized Foam Rounds

Additional Information 40MM Sponge Round Smokeless Delivery System 48 inch casing Most accurate round to date Special Nylon Casing

Only round which can be

effectively fired in all 5 ZONES

61

12 Gauge High Velocity - Rubber Pellets

Description - Cartridge 12ga Sting Balltrade HVreg

Type - Multiple Projectile Rubber Pellets

Velocity - 900 ftsec (Avg) Maximum Effective Range - 60 feet

Projectiles - 18 (average)

62

12 Gauge High Velocity - Tri-Dent 3 Rubber Ball

Description - Cartridge 12ga Sting Balltrade HVreg

Type - Multiple Projectile Rubber Balls

Velocity - 900 ftsec (Avg) Maximum Effective Range - 60 feet

Projectiles - 3

63

12 Gauge ldquoPen Preventrdquo Bean Bag Round

bull Projectile Weight - 40 gmbull Material - Shot filled Ballistic Fiber Reinforced flexible sock

bull Terminal Velocity - 280 fps (average) at 10 yardsreg

bull Accuracy - 4rdquo or better at 40 yards using a cylinder bore Remington 870

64

Categories of Rounds bull Flexible ndash Generally conforms to

surface it hits

bull Non-Flexible - Generally doesnrsquot conforms to surface it hits

bull Ridged ndash Generally shatters or bounces off surface it comes into contact with

65

Chapter 3

Angles of Fire

Angles of Fire Defined as the

aiming point with a

designated round for maximum accuracy

67

Direct Angle bull Direct ndash Directly aimed into the target area

68

TARGET

Indirect Anglebull Indirect ndash Skipped into the target area (Usually 3-6 feet based on terrain)

69

TARGET

Low Angle

bull Low Angle ndash Aimed just outside of point of aim point of impact distance

70

TARGET

High Angle

bull High Angle ndash Aimed in a high arch into target area

71

TARGET

Chapter 4

Cause and Effect

Cause amp Effect of Rounds

bull Mental - Discuss

bull Physical - Discuss

73

Mental Effectsbull Specialty Impact Munitions have a

tremendous MENTAL effect on an individual In many cases the mental effects may far outweigh the physical effects and be the determining factor in the subjectrsquos response or time of incapacitation or distraction ldquoA fear of being shotrdquo

74

Anxietybull The action of pointing a firearm directly at

an individual andor actually firing a projectile

bull The pain and at times the appearance of

the injury may reinforce this belief

bull Instructor Note Can be addressed through training

75

Fearbull Arouses connotations and a fear of having been

shot with a firearm SIMS may cause a powerful mental distraction

bull Mentally the subject must cope with the physiological pain that the body feels

bull Instructor Note Can be addressed through personal experience

76

Panicbull Panic is not a desirable response due to having

less control of the subject or crowd

bull The impact is likely to create fear which may create a fight or flight response

bull Crowds may scatter rendering the intended escape route useless

bull Instructor Note LEAST DESIREABLE RESPONSE

77

Chapter 5

Primary vs Secondary Injuries

Primary vs Secondary Injury

Primary Injury

bull An injury directly caused by the use of force tool use

80

Secondary Injurybull An injury indirectly caused by

the use of force tool use

bull Either from resistance from subject or another officer and or environmental surroundings

81

Flight of a projectile

bull Once leaving barrel seeks equal weight distribution ndash Pan Cakes Saucer Spin

bull Head Wind ndash Round May Dive or Risebull Tail Wind ndash Round may Float or Cork

Screwbull Cross Wind ndash ldquoJrdquo Turn

82

Projectile CalculationWhen the distance of the target

INCREASES it effects

Velocity + Accuracy + Impact = Injury

83

Projectile CalculationWhen the distance of the target

DECREASES it effects

Velocity + Accuracy + Impact = Injury

84

Chapter 6

Target areas when using SIM

Blunt Trauma vs

Penetration Trauma

Blunt Traumabull The MAXIMUM desired effect of an impact munitions is

BLUNT TRAUMA - an impact from an object that leaves the body surface intact but may cause sufficient (non-life threatening) injury to distract control or incapacitate the subject

Stinger Round Injury

Pepperball Injury

Stinger Round Injury87

Types of Blunt Trauma Injuries

bull Abrasions - Skimming the surface skin area

bull Contusions - Injury to the brain

bull Lacerations - Partially hitting the skin surface from the side cutting the surface

88

Continued Blunt Trauma Injuriesbull Fractures - Primary injury when

munition strikes target are directly

bull Secondary injury when munitions strikes target area and causes the body to fall striking another surface indirectly

bull Concussion - Glancing blows or missed target or Falling or collapsing of the subject 89

Penetration Traumabull The unintended and most

undesirable outcome of an SIMS is penetration

bull SIMrsquos can cause Death or serious bodily injury

90

PenetrationPuncture ndash Entering the body

at arsquo90 degree angle breaking

thesurface of the skin

91

Target Areas

Unable to use a striking color baton chart

because the chart was used to identify areas of the body for impact and

injuries for striking a human which is MUCH less

force then deploying Specially Impact

Munitions92

Meat amp Muscle Areas

bull Primary target areas that when striking the human body will cause mild to intense pain with NO LONG LASTING INJURY

93

Primary Target Area ndash the target area

consisting of large muscle groupsbull Buttocks bull Thigh amp Calvesbull Lower Abdominal Areabull BicepsTricepsbull Forearm area

94

Meat amp Bone Areasbull Secondary target areas that when striking the human body will cause mild to intense pain with MINOR to LONG LASTING INJURY

95

Secondary target areas are skeletal areas ndash

preferred - may result in fractures

bull Shoulderbull Kneesbull Anklesbull Wrists bull Elbows

96

Bone amp Sensitive Areasbull Last resort target areas that when

striking the human body will cause intense pain with long lasting injury which MAY RESULT IN SERIOUS BODILY HARM WHICH MAY RESULT IN DEATH

97

Last Resort Target Area ndash the target area when

maximum effectiveness is desired to meet a level of

threat escalating to deadly force justification

bull Head amp Throatbull Chest (center mass)bull Solar plexusbull Groinbull Spinebull Lower back

98

99

100

Clothing

1 In colder climates where heavier clothing and jackets are worn rounds with higher energy capabilities will be required

2 In a case where the subject is lightly dressed pay close attention to munitions selection shot placement and engagement distance

3 In detention facilities and during civil disturbances the subjects may pad themselves in order to defeat the effects of SIM

101

Physical Stature and Condition ndash Is the subject heavy musculature or thin and skeletal age

1 250-pound muscular individual will more than likely be physiologically effected less than a 100-pound individual when both are struck in the sametarget area by SIM

2 The blunt trauma effects and the potential for penetration are much greater for the smallerperson 102

37MM Foam Baton-15 feet=WHOHOW12 ga Rubber Pellets HV- 22 feet= WHOHOW40MM Bean Bag-34 feet=WHOHOW

213

90 to 140 lbs 131 to 185 lbs 186 to 220 lbs (220 to 350+)

103

Immediate Surroundings 1Is there any person in the immediate area who

maybe at risk of a deflected or missed shot

2Identify your target backstop and beyond

104

Chapter 7

Intervention Options

THE FORCE CONTINUUM ndash WHEN TO USE SIMrsquos

bull Ladder of Forcebull Force Continuumbull Circle of Forcebull Force Modularbull Escalation of Force

106

107

OFFICER PRESENCE

bull Uniform Badge bull Dedicated Weapon Displayed

bull On a Slingbull Port Arms bull Ready Carry Position

108

Presence

109

Verbal Commands

bull Please stand over there bull Please sit down on the chairbull Stop put your hands downbull Ending with ldquoDo it nowrdquobull Professional Tone amp Attitude

110

NON-Verbal

111

Verbalization

112

SOFT PHYSICAL TECHNIQUES

bull Slight touching or guiding contact

bull Cupping an elbow to escort Lightly grabbing an arm or shoulder

bull AIMING WEAPON113

Aiming WeaponFinger OFF

Trigger

114

HARD PHYSICAL TECHNIQUES

bull Limb Control Techniquesbull Takedown Ground Stabilizationbull Dynamic Countermeasuresbull Impact Techniquesbull Electrical Devicesbull Hand held impact weapons bull Specialty Impact Munitions

115

Firing the Weapon116

DEADLY FORCE

bull Impact Weaponsbull SIM ndash Changing Aiming Point

bull Neck Restraintbull Firearm

117

Transitioning to

firearm

118

Chapter 8

Documentation

Documentationbull Collect all munitions expended and photographed when practical

ndashEvery CasingndashMark Misfired or Damaged rounds 120

Documentation

bull An inventory of munitions used and not used should be noted

ndashWhat was issued and went out

ndashWhat was fired and misfiredndashWhat was lost and not recovered 121

Documentation

bull A report should be written detailing the order in which the events occurred and the police actions that were required

122

Documentation

bull Report the effectiveness of the various types of SIMrsquos and their delivery systems

ndashWhat did I fire that didnrsquot

ndashWhat did I fire that did123

Documentationbull Document any injuries sustained and property damage incurred

ndashInjuries to SubjectndashOfficersndashBystanders

124

Documentationbull After the crowd has dispersed it

is necessary to move rapidly into the target area to remove lingering groups and to prevent the crowd from regrouping and continuing illegal activity

ndashFollow ThroughndashSecuring the Area

125

LIABILITY ISSUES

The court will decide whether the actions of the officers were

(1)Consistent with the limits set forth by the constitution federal and state laws

(2)Consistent with departmental policy and procedures

(3)Consistent with training the officer received to handle such situations

126

5 Important Questions to ASK

bull What was the distance angle and elevation

bull What was the construction of the round used

bull What was the size of the subjectbull What was the expected point of impactbull What was the training of the shooter

127

Questions the Court will ASK

(1) Look at the conduct of other officers who were present andor participated in the actions

(2) The conduct of supervisors who may have authorized the actions of officers

128

Questions the Court will ASK

(1) Were the actions of the officers consistent with their training

(2) Was the training adequate and acceptable by contemporary standards

If the officers were not trained does it amountto deliberate indifference on the part of the

agency 129

Was the actions of the officer

bull A trained techniquebull Was it a dynamic application of

the trained techniquebull Was it an untrained technique

justified under the circumstances

130

Case Law

Know your laws

Graham v Connor 490 US 386 (1989)

a The US Supreme Court case that defined the standard under which excessive force claims would be judged

(1) The standard established was that of objective reasonableness(2) Prior to this the standard was police behavior that shocks the conscienceldquo

bIn this case the court redefined and set forth a less subjective standard

132Copyrighted by Dave Young

1990

City of Canton v Harris 489 US 378 109 S Ct 1197 (1989)

a In this case a woman was arrested and did not receive necessary medical attention after a shift commander was made aware of her condition and decided she did not need medical attention

b Although on the face the City of Canton policy addressed medical issues they were grossly negligent in that they did not provide the shift commanders with the proper training to make such decisions 133

Copyrighted by Dave Young 1990

City of Canton v Harris 489 US 378 109 S Ct 1197 (1989)

c There were many issues that emerged from this case however the primary issue was that of failure to train on the part of the city That negligence amounted to being deliberately in different to the rights of the plaintiff

The implications of Canton v Harris can also go beyond training issues however the burden of proving the Standard of deliberate indifference is on the plaintiff and not easy to prove

d Court Recommendation The duties that officers are assigned to perform must be accompanied with adequate training to perform that function

134Copyrighted by Dave Young

1990

ONeal v DeKalb County GA 850 F2d 653 (11th Cir 1988)

a A mental subject stabbed 7 people before being confronted by the police After repeatedly ordering the subject to drop the knife and lay on the floor the subject rushed the officers and was shot to death

b The court ruled that the use of deadly force instead of non-lethal force against a knife wielding suspect was not malicious or unreasonable therefore not actionable by the plaintiffs

135Copyrighted by Dave Young

1990

Plakas v Drinski 19 F3rd 1143 (7th Cir 1994) cert Denied 115 S Ct 81 (1994)

This case involved the shooting of a suspect who was

wielding a fire poker When the officer attempted to

arrest him he charged the officer with the fire poker and

was shot by police

(1)Plaintiffs who sued on behalf of the deceased claimed the officer did not use other means of force available to him at that time listing disabling chemical spray a police dog and distance

136Copyrighted by Dave Young

1990

Plakas v Drinski 19 F3rd 1143 (7th Cir 1994) cert Denied 115 SCt 81 (1994)

(2) The court stated ldquothat to permit every jury in this type of case to hear expert testimony that the defendant would have been uninjured if only the police had been able to use disabling gas or a capture net or a electrical device

(a)A municipality is liable because it failed to buy this equipment

(b)The Constitution does not enact a police administratorrsquos

equipment listlsquordquo

(c) The court ruled that there is no legal precedent that requires an officer to utilize alternatives to deadly force

137Copyrighted by Dave Young

1990

Davis v Mason County 927 F2d 1473 (9th Cir 1991)

aThe court ruled that the department had adequate training on the technical components of the use of force but did not have adequate training on the constitutional limits of the use of force in effecting arrests

138Copyrighted by Dave Young

1990

Davis v Mason County 927 F2d 1473 (9th Cir 1991)

b In other words the officers were trained on the how but not on the why and when the force is appropriate

c Court Recommendation Training should include confrontational scenarios of situations that require decision making then articulation by the officer as to the justification for the force used or not used

139Copyrighted by Dave Young

1990

Quezada v County of Bernalillo 944 F2d 710 (10th Cir 1991)

a The court ruled that an officer might be held liable for putting himself in a situation that requires him to use deadly force against an armed suicidal person

b This case involved an officer who left a position of cover to confront a suicidal subject

140Copyrighted by Dave Young

1990

141

Dave YoungFounder amp Director

ARMA Training

Website wwwarmatrainingcom772-913-1615

copyrighted by Dave Young 1994

Powder Delivery Systems

bull Smokeless Black Powder ndash Advantages

bullLeast Corrosive to weaponbullReduced Malfunction possibility

bullConceals Shooters position bullMost accurate munitions

39

Powder Delivery Systems

bull Smokeless Powder ndash Disadvantages

bullMost costly munitions

40

Casing Sizes

bull 37MM ndash Usually 8 inch in length Black Powder

bull 3740MM ndash Usually 55 inch in length

Black Powder or Smokeless

bull 40MM ndash Usually 48 in in length Smokeless Powder

41

Chapter 2

Classifications of Specialty Impact Munitions

Classifications of SIM Rounds

43

Low Energy VS High Energy Only need one of both

bull Weatherbull Distance from threat

bull Terrain

Low Energybull Designed to deliver minimal energy to cause slight physical discomfort for pain compliance or mental distraction

44

High Energybull Designed to deliver enough energy to inflict blunt trauma to cause greater physical discomfort and possible incapacitation

45

Low Energy Roundsbull 37MM or 40MM Multiple Rubber

Balls (32 or 60 caliber) or Stinger Ball

bull 37MM or 40MM Multiple Foam Baton bull 40MM Spin Stabilized FoamSponge

Roundbull 12 Gauge Rubber Pellets ndash Marked

Low Velocity 46

47

3132 Caliber Stinger BallsAdditional Information

37mm or 40MM

Black Powder or Smokeless

3132 Caliber Ball (approx)

55 or 8 inch casings

48

4560 Cal Rubber Balls

Additional Information

3740MM

Approx 24 Rubber Balls

Average 325 FPS

49

Foam Baton Rounds

Additional Information 37mm or 40MM Black Powder or Smokeless 35 baton rounds - 55 or 8 inch casings

50

40MM Spin Stabilized Foam Rounds

Additional Information

40MM Sponge Round Smokeless Delivery System

48 inch casings Most accurate round to date Most reliable round

51

Hit with 40MM Spin Stabilized Round 45 feet from Barrel

Notice no rip or tear in clothing

52

Hit with 40 MM Sponge Round 30 feet from Barrel

Within 3 days of being hit

1 hours after being hit

Shooter Sgt Don WeiderLexington SCSheriffrsquos Office

53

Stinger Balls Additional Information

CS ndash CN Powder Filled Launched or Thrown 31 Caliber (approximately 180

RBrsquos)

15 Sec Time delay

54

12 Gauge Rubber Pellets

Description - Cartridge 12ga Sting Balltradereg

Type - Multiple Projectile Rubber Pellets

Velocity - 400 ftsec (Avg) Maximum Effective Range - 50 feetProjectiles - 18 (average)

High Energy Rounds 37 or 40MM Multiple Wooded Baton 37 or 40MM Multiple Rubber Baton 37 or 40MM Bean Bag round 40MM Spin Stabilized FoamSponge

Round 12 Gauge Single 4560 Cal Ball Round 12 Gauge Bean Bag Round

55

56

3740 MM Wooded Baton Rounds

3740 MM

55 or 8 Inch Casings

BlackSmokeless Powder

35 Baton Rounds

57

3740 MM Interlocking Rubber Baton

3740 MM

55 or 8 Inch Casings

BlackSmokeless Powder

35 Baton Rounds

58

3740 MM Mono Rubber Baton

3740 MM

55 or 8 Inch Casings

BlackSmokeless Powder

Single Baton Round

59

3740 MM Pen-Prevent or Super ldquoSOCrdquo Bean Bag Round

Additional Information

Black PowderSmokeless

Glass BeadsSilica Sand Lead Pelts

Aerodynamic or Non-Aerodynamic

60

40MM Spin Stabilized Foam Rounds

Additional Information 40MM Sponge Round Smokeless Delivery System 48 inch casing Most accurate round to date Special Nylon Casing

Only round which can be

effectively fired in all 5 ZONES

61

12 Gauge High Velocity - Rubber Pellets

Description - Cartridge 12ga Sting Balltrade HVreg

Type - Multiple Projectile Rubber Pellets

Velocity - 900 ftsec (Avg) Maximum Effective Range - 60 feet

Projectiles - 18 (average)

62

12 Gauge High Velocity - Tri-Dent 3 Rubber Ball

Description - Cartridge 12ga Sting Balltrade HVreg

Type - Multiple Projectile Rubber Balls

Velocity - 900 ftsec (Avg) Maximum Effective Range - 60 feet

Projectiles - 3

63

12 Gauge ldquoPen Preventrdquo Bean Bag Round

bull Projectile Weight - 40 gmbull Material - Shot filled Ballistic Fiber Reinforced flexible sock

bull Terminal Velocity - 280 fps (average) at 10 yardsreg

bull Accuracy - 4rdquo or better at 40 yards using a cylinder bore Remington 870

64

Categories of Rounds bull Flexible ndash Generally conforms to

surface it hits

bull Non-Flexible - Generally doesnrsquot conforms to surface it hits

bull Ridged ndash Generally shatters or bounces off surface it comes into contact with

65

Chapter 3

Angles of Fire

Angles of Fire Defined as the

aiming point with a

designated round for maximum accuracy

67

Direct Angle bull Direct ndash Directly aimed into the target area

68

TARGET

Indirect Anglebull Indirect ndash Skipped into the target area (Usually 3-6 feet based on terrain)

69

TARGET

Low Angle

bull Low Angle ndash Aimed just outside of point of aim point of impact distance

70

TARGET

High Angle

bull High Angle ndash Aimed in a high arch into target area

71

TARGET

Chapter 4

Cause and Effect

Cause amp Effect of Rounds

bull Mental - Discuss

bull Physical - Discuss

73

Mental Effectsbull Specialty Impact Munitions have a

tremendous MENTAL effect on an individual In many cases the mental effects may far outweigh the physical effects and be the determining factor in the subjectrsquos response or time of incapacitation or distraction ldquoA fear of being shotrdquo

74

Anxietybull The action of pointing a firearm directly at

an individual andor actually firing a projectile

bull The pain and at times the appearance of

the injury may reinforce this belief

bull Instructor Note Can be addressed through training

75

Fearbull Arouses connotations and a fear of having been

shot with a firearm SIMS may cause a powerful mental distraction

bull Mentally the subject must cope with the physiological pain that the body feels

bull Instructor Note Can be addressed through personal experience

76

Panicbull Panic is not a desirable response due to having

less control of the subject or crowd

bull The impact is likely to create fear which may create a fight or flight response

bull Crowds may scatter rendering the intended escape route useless

bull Instructor Note LEAST DESIREABLE RESPONSE

77

Chapter 5

Primary vs Secondary Injuries

Primary vs Secondary Injury

Primary Injury

bull An injury directly caused by the use of force tool use

80

Secondary Injurybull An injury indirectly caused by

the use of force tool use

bull Either from resistance from subject or another officer and or environmental surroundings

81

Flight of a projectile

bull Once leaving barrel seeks equal weight distribution ndash Pan Cakes Saucer Spin

bull Head Wind ndash Round May Dive or Risebull Tail Wind ndash Round may Float or Cork

Screwbull Cross Wind ndash ldquoJrdquo Turn

82

Projectile CalculationWhen the distance of the target

INCREASES it effects

Velocity + Accuracy + Impact = Injury

83

Projectile CalculationWhen the distance of the target

DECREASES it effects

Velocity + Accuracy + Impact = Injury

84

Chapter 6

Target areas when using SIM

Blunt Trauma vs

Penetration Trauma

Blunt Traumabull The MAXIMUM desired effect of an impact munitions is

BLUNT TRAUMA - an impact from an object that leaves the body surface intact but may cause sufficient (non-life threatening) injury to distract control or incapacitate the subject

Stinger Round Injury

Pepperball Injury

Stinger Round Injury87

Types of Blunt Trauma Injuries

bull Abrasions - Skimming the surface skin area

bull Contusions - Injury to the brain

bull Lacerations - Partially hitting the skin surface from the side cutting the surface

88

Continued Blunt Trauma Injuriesbull Fractures - Primary injury when

munition strikes target are directly

bull Secondary injury when munitions strikes target area and causes the body to fall striking another surface indirectly

bull Concussion - Glancing blows or missed target or Falling or collapsing of the subject 89

Penetration Traumabull The unintended and most

undesirable outcome of an SIMS is penetration

bull SIMrsquos can cause Death or serious bodily injury

90

PenetrationPuncture ndash Entering the body

at arsquo90 degree angle breaking

thesurface of the skin

91

Target Areas

Unable to use a striking color baton chart

because the chart was used to identify areas of the body for impact and

injuries for striking a human which is MUCH less

force then deploying Specially Impact

Munitions92

Meat amp Muscle Areas

bull Primary target areas that when striking the human body will cause mild to intense pain with NO LONG LASTING INJURY

93

Primary Target Area ndash the target area

consisting of large muscle groupsbull Buttocks bull Thigh amp Calvesbull Lower Abdominal Areabull BicepsTricepsbull Forearm area

94

Meat amp Bone Areasbull Secondary target areas that when striking the human body will cause mild to intense pain with MINOR to LONG LASTING INJURY

95

Secondary target areas are skeletal areas ndash

preferred - may result in fractures

bull Shoulderbull Kneesbull Anklesbull Wrists bull Elbows

96

Bone amp Sensitive Areasbull Last resort target areas that when

striking the human body will cause intense pain with long lasting injury which MAY RESULT IN SERIOUS BODILY HARM WHICH MAY RESULT IN DEATH

97

Last Resort Target Area ndash the target area when

maximum effectiveness is desired to meet a level of

threat escalating to deadly force justification

bull Head amp Throatbull Chest (center mass)bull Solar plexusbull Groinbull Spinebull Lower back

98

99

100

Clothing

1 In colder climates where heavier clothing and jackets are worn rounds with higher energy capabilities will be required

2 In a case where the subject is lightly dressed pay close attention to munitions selection shot placement and engagement distance

3 In detention facilities and during civil disturbances the subjects may pad themselves in order to defeat the effects of SIM

101

Physical Stature and Condition ndash Is the subject heavy musculature or thin and skeletal age

1 250-pound muscular individual will more than likely be physiologically effected less than a 100-pound individual when both are struck in the sametarget area by SIM

2 The blunt trauma effects and the potential for penetration are much greater for the smallerperson 102

37MM Foam Baton-15 feet=WHOHOW12 ga Rubber Pellets HV- 22 feet= WHOHOW40MM Bean Bag-34 feet=WHOHOW

213

90 to 140 lbs 131 to 185 lbs 186 to 220 lbs (220 to 350+)

103

Immediate Surroundings 1Is there any person in the immediate area who

maybe at risk of a deflected or missed shot

2Identify your target backstop and beyond

104

Chapter 7

Intervention Options

THE FORCE CONTINUUM ndash WHEN TO USE SIMrsquos

bull Ladder of Forcebull Force Continuumbull Circle of Forcebull Force Modularbull Escalation of Force

106

107

OFFICER PRESENCE

bull Uniform Badge bull Dedicated Weapon Displayed

bull On a Slingbull Port Arms bull Ready Carry Position

108

Presence

109

Verbal Commands

bull Please stand over there bull Please sit down on the chairbull Stop put your hands downbull Ending with ldquoDo it nowrdquobull Professional Tone amp Attitude

110

NON-Verbal

111

Verbalization

112

SOFT PHYSICAL TECHNIQUES

bull Slight touching or guiding contact

bull Cupping an elbow to escort Lightly grabbing an arm or shoulder

bull AIMING WEAPON113

Aiming WeaponFinger OFF

Trigger

114

HARD PHYSICAL TECHNIQUES

bull Limb Control Techniquesbull Takedown Ground Stabilizationbull Dynamic Countermeasuresbull Impact Techniquesbull Electrical Devicesbull Hand held impact weapons bull Specialty Impact Munitions

115

Firing the Weapon116

DEADLY FORCE

bull Impact Weaponsbull SIM ndash Changing Aiming Point

bull Neck Restraintbull Firearm

117

Transitioning to

firearm

118

Chapter 8

Documentation

Documentationbull Collect all munitions expended and photographed when practical

ndashEvery CasingndashMark Misfired or Damaged rounds 120

Documentation

bull An inventory of munitions used and not used should be noted

ndashWhat was issued and went out

ndashWhat was fired and misfiredndashWhat was lost and not recovered 121

Documentation

bull A report should be written detailing the order in which the events occurred and the police actions that were required

122

Documentation

bull Report the effectiveness of the various types of SIMrsquos and their delivery systems

ndashWhat did I fire that didnrsquot

ndashWhat did I fire that did123

Documentationbull Document any injuries sustained and property damage incurred

ndashInjuries to SubjectndashOfficersndashBystanders

124

Documentationbull After the crowd has dispersed it

is necessary to move rapidly into the target area to remove lingering groups and to prevent the crowd from regrouping and continuing illegal activity

ndashFollow ThroughndashSecuring the Area

125

LIABILITY ISSUES

The court will decide whether the actions of the officers were

(1)Consistent with the limits set forth by the constitution federal and state laws

(2)Consistent with departmental policy and procedures

(3)Consistent with training the officer received to handle such situations

126

5 Important Questions to ASK

bull What was the distance angle and elevation

bull What was the construction of the round used

bull What was the size of the subjectbull What was the expected point of impactbull What was the training of the shooter

127

Questions the Court will ASK

(1) Look at the conduct of other officers who were present andor participated in the actions

(2) The conduct of supervisors who may have authorized the actions of officers

128

Questions the Court will ASK

(1) Were the actions of the officers consistent with their training

(2) Was the training adequate and acceptable by contemporary standards

If the officers were not trained does it amountto deliberate indifference on the part of the

agency 129

Was the actions of the officer

bull A trained techniquebull Was it a dynamic application of

the trained techniquebull Was it an untrained technique

justified under the circumstances

130

Case Law

Know your laws

Graham v Connor 490 US 386 (1989)

a The US Supreme Court case that defined the standard under which excessive force claims would be judged

(1) The standard established was that of objective reasonableness(2) Prior to this the standard was police behavior that shocks the conscienceldquo

bIn this case the court redefined and set forth a less subjective standard

132Copyrighted by Dave Young

1990

City of Canton v Harris 489 US 378 109 S Ct 1197 (1989)

a In this case a woman was arrested and did not receive necessary medical attention after a shift commander was made aware of her condition and decided she did not need medical attention

b Although on the face the City of Canton policy addressed medical issues they were grossly negligent in that they did not provide the shift commanders with the proper training to make such decisions 133

Copyrighted by Dave Young 1990

City of Canton v Harris 489 US 378 109 S Ct 1197 (1989)

c There were many issues that emerged from this case however the primary issue was that of failure to train on the part of the city That negligence amounted to being deliberately in different to the rights of the plaintiff

The implications of Canton v Harris can also go beyond training issues however the burden of proving the Standard of deliberate indifference is on the plaintiff and not easy to prove

d Court Recommendation The duties that officers are assigned to perform must be accompanied with adequate training to perform that function

134Copyrighted by Dave Young

1990

ONeal v DeKalb County GA 850 F2d 653 (11th Cir 1988)

a A mental subject stabbed 7 people before being confronted by the police After repeatedly ordering the subject to drop the knife and lay on the floor the subject rushed the officers and was shot to death

b The court ruled that the use of deadly force instead of non-lethal force against a knife wielding suspect was not malicious or unreasonable therefore not actionable by the plaintiffs

135Copyrighted by Dave Young

1990

Plakas v Drinski 19 F3rd 1143 (7th Cir 1994) cert Denied 115 S Ct 81 (1994)

This case involved the shooting of a suspect who was

wielding a fire poker When the officer attempted to

arrest him he charged the officer with the fire poker and

was shot by police

(1)Plaintiffs who sued on behalf of the deceased claimed the officer did not use other means of force available to him at that time listing disabling chemical spray a police dog and distance

136Copyrighted by Dave Young

1990

Plakas v Drinski 19 F3rd 1143 (7th Cir 1994) cert Denied 115 SCt 81 (1994)

(2) The court stated ldquothat to permit every jury in this type of case to hear expert testimony that the defendant would have been uninjured if only the police had been able to use disabling gas or a capture net or a electrical device

(a)A municipality is liable because it failed to buy this equipment

(b)The Constitution does not enact a police administratorrsquos

equipment listlsquordquo

(c) The court ruled that there is no legal precedent that requires an officer to utilize alternatives to deadly force

137Copyrighted by Dave Young

1990

Davis v Mason County 927 F2d 1473 (9th Cir 1991)

aThe court ruled that the department had adequate training on the technical components of the use of force but did not have adequate training on the constitutional limits of the use of force in effecting arrests

138Copyrighted by Dave Young

1990

Davis v Mason County 927 F2d 1473 (9th Cir 1991)

b In other words the officers were trained on the how but not on the why and when the force is appropriate

c Court Recommendation Training should include confrontational scenarios of situations that require decision making then articulation by the officer as to the justification for the force used or not used

139Copyrighted by Dave Young

1990

Quezada v County of Bernalillo 944 F2d 710 (10th Cir 1991)

a The court ruled that an officer might be held liable for putting himself in a situation that requires him to use deadly force against an armed suicidal person

b This case involved an officer who left a position of cover to confront a suicidal subject

140Copyrighted by Dave Young

1990

141

Dave YoungFounder amp Director

ARMA Training

Website wwwarmatrainingcom772-913-1615

copyrighted by Dave Young 1994

Powder Delivery Systems

bull Smokeless Powder ndash Disadvantages

bullMost costly munitions

40

Casing Sizes

bull 37MM ndash Usually 8 inch in length Black Powder

bull 3740MM ndash Usually 55 inch in length

Black Powder or Smokeless

bull 40MM ndash Usually 48 in in length Smokeless Powder

41

Chapter 2

Classifications of Specialty Impact Munitions

Classifications of SIM Rounds

43

Low Energy VS High Energy Only need one of both

bull Weatherbull Distance from threat

bull Terrain

Low Energybull Designed to deliver minimal energy to cause slight physical discomfort for pain compliance or mental distraction

44

High Energybull Designed to deliver enough energy to inflict blunt trauma to cause greater physical discomfort and possible incapacitation

45

Low Energy Roundsbull 37MM or 40MM Multiple Rubber

Balls (32 or 60 caliber) or Stinger Ball

bull 37MM or 40MM Multiple Foam Baton bull 40MM Spin Stabilized FoamSponge

Roundbull 12 Gauge Rubber Pellets ndash Marked

Low Velocity 46

47

3132 Caliber Stinger BallsAdditional Information

37mm or 40MM

Black Powder or Smokeless

3132 Caliber Ball (approx)

55 or 8 inch casings

48

4560 Cal Rubber Balls

Additional Information

3740MM

Approx 24 Rubber Balls

Average 325 FPS

49

Foam Baton Rounds

Additional Information 37mm or 40MM Black Powder or Smokeless 35 baton rounds - 55 or 8 inch casings

50

40MM Spin Stabilized Foam Rounds

Additional Information

40MM Sponge Round Smokeless Delivery System

48 inch casings Most accurate round to date Most reliable round

51

Hit with 40MM Spin Stabilized Round 45 feet from Barrel

Notice no rip or tear in clothing

52

Hit with 40 MM Sponge Round 30 feet from Barrel

Within 3 days of being hit

1 hours after being hit

Shooter Sgt Don WeiderLexington SCSheriffrsquos Office

53

Stinger Balls Additional Information

CS ndash CN Powder Filled Launched or Thrown 31 Caliber (approximately 180

RBrsquos)

15 Sec Time delay

54

12 Gauge Rubber Pellets

Description - Cartridge 12ga Sting Balltradereg

Type - Multiple Projectile Rubber Pellets

Velocity - 400 ftsec (Avg) Maximum Effective Range - 50 feetProjectiles - 18 (average)

High Energy Rounds 37 or 40MM Multiple Wooded Baton 37 or 40MM Multiple Rubber Baton 37 or 40MM Bean Bag round 40MM Spin Stabilized FoamSponge

Round 12 Gauge Single 4560 Cal Ball Round 12 Gauge Bean Bag Round

55

56

3740 MM Wooded Baton Rounds

3740 MM

55 or 8 Inch Casings

BlackSmokeless Powder

35 Baton Rounds

57

3740 MM Interlocking Rubber Baton

3740 MM

55 or 8 Inch Casings

BlackSmokeless Powder

35 Baton Rounds

58

3740 MM Mono Rubber Baton

3740 MM

55 or 8 Inch Casings

BlackSmokeless Powder

Single Baton Round

59

3740 MM Pen-Prevent or Super ldquoSOCrdquo Bean Bag Round

Additional Information

Black PowderSmokeless

Glass BeadsSilica Sand Lead Pelts

Aerodynamic or Non-Aerodynamic

60

40MM Spin Stabilized Foam Rounds

Additional Information 40MM Sponge Round Smokeless Delivery System 48 inch casing Most accurate round to date Special Nylon Casing

Only round which can be

effectively fired in all 5 ZONES

61

12 Gauge High Velocity - Rubber Pellets

Description - Cartridge 12ga Sting Balltrade HVreg

Type - Multiple Projectile Rubber Pellets

Velocity - 900 ftsec (Avg) Maximum Effective Range - 60 feet

Projectiles - 18 (average)

62

12 Gauge High Velocity - Tri-Dent 3 Rubber Ball

Description - Cartridge 12ga Sting Balltrade HVreg

Type - Multiple Projectile Rubber Balls

Velocity - 900 ftsec (Avg) Maximum Effective Range - 60 feet

Projectiles - 3

63

12 Gauge ldquoPen Preventrdquo Bean Bag Round

bull Projectile Weight - 40 gmbull Material - Shot filled Ballistic Fiber Reinforced flexible sock

bull Terminal Velocity - 280 fps (average) at 10 yardsreg

bull Accuracy - 4rdquo or better at 40 yards using a cylinder bore Remington 870

64

Categories of Rounds bull Flexible ndash Generally conforms to

surface it hits

bull Non-Flexible - Generally doesnrsquot conforms to surface it hits

bull Ridged ndash Generally shatters or bounces off surface it comes into contact with

65

Chapter 3

Angles of Fire

Angles of Fire Defined as the

aiming point with a

designated round for maximum accuracy

67

Direct Angle bull Direct ndash Directly aimed into the target area

68

TARGET

Indirect Anglebull Indirect ndash Skipped into the target area (Usually 3-6 feet based on terrain)

69

TARGET

Low Angle

bull Low Angle ndash Aimed just outside of point of aim point of impact distance

70

TARGET

High Angle

bull High Angle ndash Aimed in a high arch into target area

71

TARGET

Chapter 4

Cause and Effect

Cause amp Effect of Rounds

bull Mental - Discuss

bull Physical - Discuss

73

Mental Effectsbull Specialty Impact Munitions have a

tremendous MENTAL effect on an individual In many cases the mental effects may far outweigh the physical effects and be the determining factor in the subjectrsquos response or time of incapacitation or distraction ldquoA fear of being shotrdquo

74

Anxietybull The action of pointing a firearm directly at

an individual andor actually firing a projectile

bull The pain and at times the appearance of

the injury may reinforce this belief

bull Instructor Note Can be addressed through training

75

Fearbull Arouses connotations and a fear of having been

shot with a firearm SIMS may cause a powerful mental distraction

bull Mentally the subject must cope with the physiological pain that the body feels

bull Instructor Note Can be addressed through personal experience

76

Panicbull Panic is not a desirable response due to having

less control of the subject or crowd

bull The impact is likely to create fear which may create a fight or flight response

bull Crowds may scatter rendering the intended escape route useless

bull Instructor Note LEAST DESIREABLE RESPONSE

77

Chapter 5

Primary vs Secondary Injuries

Primary vs Secondary Injury

Primary Injury

bull An injury directly caused by the use of force tool use

80

Secondary Injurybull An injury indirectly caused by

the use of force tool use

bull Either from resistance from subject or another officer and or environmental surroundings

81

Flight of a projectile

bull Once leaving barrel seeks equal weight distribution ndash Pan Cakes Saucer Spin

bull Head Wind ndash Round May Dive or Risebull Tail Wind ndash Round may Float or Cork

Screwbull Cross Wind ndash ldquoJrdquo Turn

82

Projectile CalculationWhen the distance of the target

INCREASES it effects

Velocity + Accuracy + Impact = Injury

83

Projectile CalculationWhen the distance of the target

DECREASES it effects

Velocity + Accuracy + Impact = Injury

84

Chapter 6

Target areas when using SIM

Blunt Trauma vs

Penetration Trauma

Blunt Traumabull The MAXIMUM desired effect of an impact munitions is

BLUNT TRAUMA - an impact from an object that leaves the body surface intact but may cause sufficient (non-life threatening) injury to distract control or incapacitate the subject

Stinger Round Injury

Pepperball Injury

Stinger Round Injury87

Types of Blunt Trauma Injuries

bull Abrasions - Skimming the surface skin area

bull Contusions - Injury to the brain

bull Lacerations - Partially hitting the skin surface from the side cutting the surface

88

Continued Blunt Trauma Injuriesbull Fractures - Primary injury when

munition strikes target are directly

bull Secondary injury when munitions strikes target area and causes the body to fall striking another surface indirectly

bull Concussion - Glancing blows or missed target or Falling or collapsing of the subject 89

Penetration Traumabull The unintended and most

undesirable outcome of an SIMS is penetration

bull SIMrsquos can cause Death or serious bodily injury

90

PenetrationPuncture ndash Entering the body

at arsquo90 degree angle breaking

thesurface of the skin

91

Target Areas

Unable to use a striking color baton chart

because the chart was used to identify areas of the body for impact and

injuries for striking a human which is MUCH less

force then deploying Specially Impact

Munitions92

Meat amp Muscle Areas

bull Primary target areas that when striking the human body will cause mild to intense pain with NO LONG LASTING INJURY

93

Primary Target Area ndash the target area

consisting of large muscle groupsbull Buttocks bull Thigh amp Calvesbull Lower Abdominal Areabull BicepsTricepsbull Forearm area

94

Meat amp Bone Areasbull Secondary target areas that when striking the human body will cause mild to intense pain with MINOR to LONG LASTING INJURY

95

Secondary target areas are skeletal areas ndash

preferred - may result in fractures

bull Shoulderbull Kneesbull Anklesbull Wrists bull Elbows

96

Bone amp Sensitive Areasbull Last resort target areas that when

striking the human body will cause intense pain with long lasting injury which MAY RESULT IN SERIOUS BODILY HARM WHICH MAY RESULT IN DEATH

97

Last Resort Target Area ndash the target area when

maximum effectiveness is desired to meet a level of

threat escalating to deadly force justification

bull Head amp Throatbull Chest (center mass)bull Solar plexusbull Groinbull Spinebull Lower back

98

99

100

Clothing

1 In colder climates where heavier clothing and jackets are worn rounds with higher energy capabilities will be required

2 In a case where the subject is lightly dressed pay close attention to munitions selection shot placement and engagement distance

3 In detention facilities and during civil disturbances the subjects may pad themselves in order to defeat the effects of SIM

101

Physical Stature and Condition ndash Is the subject heavy musculature or thin and skeletal age

1 250-pound muscular individual will more than likely be physiologically effected less than a 100-pound individual when both are struck in the sametarget area by SIM

2 The blunt trauma effects and the potential for penetration are much greater for the smallerperson 102

37MM Foam Baton-15 feet=WHOHOW12 ga Rubber Pellets HV- 22 feet= WHOHOW40MM Bean Bag-34 feet=WHOHOW

213

90 to 140 lbs 131 to 185 lbs 186 to 220 lbs (220 to 350+)

103

Immediate Surroundings 1Is there any person in the immediate area who

maybe at risk of a deflected or missed shot

2Identify your target backstop and beyond

104

Chapter 7

Intervention Options

THE FORCE CONTINUUM ndash WHEN TO USE SIMrsquos

bull Ladder of Forcebull Force Continuumbull Circle of Forcebull Force Modularbull Escalation of Force

106

107

OFFICER PRESENCE

bull Uniform Badge bull Dedicated Weapon Displayed

bull On a Slingbull Port Arms bull Ready Carry Position

108

Presence

109

Verbal Commands

bull Please stand over there bull Please sit down on the chairbull Stop put your hands downbull Ending with ldquoDo it nowrdquobull Professional Tone amp Attitude

110

NON-Verbal

111

Verbalization

112

SOFT PHYSICAL TECHNIQUES

bull Slight touching or guiding contact

bull Cupping an elbow to escort Lightly grabbing an arm or shoulder

bull AIMING WEAPON113

Aiming WeaponFinger OFF

Trigger

114

HARD PHYSICAL TECHNIQUES

bull Limb Control Techniquesbull Takedown Ground Stabilizationbull Dynamic Countermeasuresbull Impact Techniquesbull Electrical Devicesbull Hand held impact weapons bull Specialty Impact Munitions

115

Firing the Weapon116

DEADLY FORCE

bull Impact Weaponsbull SIM ndash Changing Aiming Point

bull Neck Restraintbull Firearm

117

Transitioning to

firearm

118

Chapter 8

Documentation

Documentationbull Collect all munitions expended and photographed when practical

ndashEvery CasingndashMark Misfired or Damaged rounds 120

Documentation

bull An inventory of munitions used and not used should be noted

ndashWhat was issued and went out

ndashWhat was fired and misfiredndashWhat was lost and not recovered 121

Documentation

bull A report should be written detailing the order in which the events occurred and the police actions that were required

122

Documentation

bull Report the effectiveness of the various types of SIMrsquos and their delivery systems

ndashWhat did I fire that didnrsquot

ndashWhat did I fire that did123

Documentationbull Document any injuries sustained and property damage incurred

ndashInjuries to SubjectndashOfficersndashBystanders

124

Documentationbull After the crowd has dispersed it

is necessary to move rapidly into the target area to remove lingering groups and to prevent the crowd from regrouping and continuing illegal activity

ndashFollow ThroughndashSecuring the Area

125

LIABILITY ISSUES

The court will decide whether the actions of the officers were

(1)Consistent with the limits set forth by the constitution federal and state laws

(2)Consistent with departmental policy and procedures

(3)Consistent with training the officer received to handle such situations

126

5 Important Questions to ASK

bull What was the distance angle and elevation

bull What was the construction of the round used

bull What was the size of the subjectbull What was the expected point of impactbull What was the training of the shooter

127

Questions the Court will ASK

(1) Look at the conduct of other officers who were present andor participated in the actions

(2) The conduct of supervisors who may have authorized the actions of officers

128

Questions the Court will ASK

(1) Were the actions of the officers consistent with their training

(2) Was the training adequate and acceptable by contemporary standards

If the officers were not trained does it amountto deliberate indifference on the part of the

agency 129

Was the actions of the officer

bull A trained techniquebull Was it a dynamic application of

the trained techniquebull Was it an untrained technique

justified under the circumstances

130

Case Law

Know your laws

Graham v Connor 490 US 386 (1989)

a The US Supreme Court case that defined the standard under which excessive force claims would be judged

(1) The standard established was that of objective reasonableness(2) Prior to this the standard was police behavior that shocks the conscienceldquo

bIn this case the court redefined and set forth a less subjective standard

132Copyrighted by Dave Young

1990

City of Canton v Harris 489 US 378 109 S Ct 1197 (1989)

a In this case a woman was arrested and did not receive necessary medical attention after a shift commander was made aware of her condition and decided she did not need medical attention

b Although on the face the City of Canton policy addressed medical issues they were grossly negligent in that they did not provide the shift commanders with the proper training to make such decisions 133

Copyrighted by Dave Young 1990

City of Canton v Harris 489 US 378 109 S Ct 1197 (1989)

c There were many issues that emerged from this case however the primary issue was that of failure to train on the part of the city That negligence amounted to being deliberately in different to the rights of the plaintiff

The implications of Canton v Harris can also go beyond training issues however the burden of proving the Standard of deliberate indifference is on the plaintiff and not easy to prove

d Court Recommendation The duties that officers are assigned to perform must be accompanied with adequate training to perform that function

134Copyrighted by Dave Young

1990

ONeal v DeKalb County GA 850 F2d 653 (11th Cir 1988)

a A mental subject stabbed 7 people before being confronted by the police After repeatedly ordering the subject to drop the knife and lay on the floor the subject rushed the officers and was shot to death

b The court ruled that the use of deadly force instead of non-lethal force against a knife wielding suspect was not malicious or unreasonable therefore not actionable by the plaintiffs

135Copyrighted by Dave Young

1990

Plakas v Drinski 19 F3rd 1143 (7th Cir 1994) cert Denied 115 S Ct 81 (1994)

This case involved the shooting of a suspect who was

wielding a fire poker When the officer attempted to

arrest him he charged the officer with the fire poker and

was shot by police

(1)Plaintiffs who sued on behalf of the deceased claimed the officer did not use other means of force available to him at that time listing disabling chemical spray a police dog and distance

136Copyrighted by Dave Young

1990

Plakas v Drinski 19 F3rd 1143 (7th Cir 1994) cert Denied 115 SCt 81 (1994)

(2) The court stated ldquothat to permit every jury in this type of case to hear expert testimony that the defendant would have been uninjured if only the police had been able to use disabling gas or a capture net or a electrical device

(a)A municipality is liable because it failed to buy this equipment

(b)The Constitution does not enact a police administratorrsquos

equipment listlsquordquo

(c) The court ruled that there is no legal precedent that requires an officer to utilize alternatives to deadly force

137Copyrighted by Dave Young

1990

Davis v Mason County 927 F2d 1473 (9th Cir 1991)

aThe court ruled that the department had adequate training on the technical components of the use of force but did not have adequate training on the constitutional limits of the use of force in effecting arrests

138Copyrighted by Dave Young

1990

Davis v Mason County 927 F2d 1473 (9th Cir 1991)

b In other words the officers were trained on the how but not on the why and when the force is appropriate

c Court Recommendation Training should include confrontational scenarios of situations that require decision making then articulation by the officer as to the justification for the force used or not used

139Copyrighted by Dave Young

1990

Quezada v County of Bernalillo 944 F2d 710 (10th Cir 1991)

a The court ruled that an officer might be held liable for putting himself in a situation that requires him to use deadly force against an armed suicidal person

b This case involved an officer who left a position of cover to confront a suicidal subject

140Copyrighted by Dave Young

1990

141

Dave YoungFounder amp Director

ARMA Training

Website wwwarmatrainingcom772-913-1615

copyrighted by Dave Young 1994

Casing Sizes

bull 37MM ndash Usually 8 inch in length Black Powder

bull 3740MM ndash Usually 55 inch in length

Black Powder or Smokeless

bull 40MM ndash Usually 48 in in length Smokeless Powder

41

Chapter 2

Classifications of Specialty Impact Munitions

Classifications of SIM Rounds

43

Low Energy VS High Energy Only need one of both

bull Weatherbull Distance from threat

bull Terrain

Low Energybull Designed to deliver minimal energy to cause slight physical discomfort for pain compliance or mental distraction

44

High Energybull Designed to deliver enough energy to inflict blunt trauma to cause greater physical discomfort and possible incapacitation

45

Low Energy Roundsbull 37MM or 40MM Multiple Rubber

Balls (32 or 60 caliber) or Stinger Ball

bull 37MM or 40MM Multiple Foam Baton bull 40MM Spin Stabilized FoamSponge

Roundbull 12 Gauge Rubber Pellets ndash Marked

Low Velocity 46

47

3132 Caliber Stinger BallsAdditional Information

37mm or 40MM

Black Powder or Smokeless

3132 Caliber Ball (approx)

55 or 8 inch casings

48

4560 Cal Rubber Balls

Additional Information

3740MM

Approx 24 Rubber Balls

Average 325 FPS

49

Foam Baton Rounds

Additional Information 37mm or 40MM Black Powder or Smokeless 35 baton rounds - 55 or 8 inch casings

50

40MM Spin Stabilized Foam Rounds

Additional Information

40MM Sponge Round Smokeless Delivery System

48 inch casings Most accurate round to date Most reliable round

51

Hit with 40MM Spin Stabilized Round 45 feet from Barrel

Notice no rip or tear in clothing

52

Hit with 40 MM Sponge Round 30 feet from Barrel

Within 3 days of being hit

1 hours after being hit

Shooter Sgt Don WeiderLexington SCSheriffrsquos Office

53

Stinger Balls Additional Information

CS ndash CN Powder Filled Launched or Thrown 31 Caliber (approximately 180

RBrsquos)

15 Sec Time delay

54

12 Gauge Rubber Pellets

Description - Cartridge 12ga Sting Balltradereg

Type - Multiple Projectile Rubber Pellets

Velocity - 400 ftsec (Avg) Maximum Effective Range - 50 feetProjectiles - 18 (average)

High Energy Rounds 37 or 40MM Multiple Wooded Baton 37 or 40MM Multiple Rubber Baton 37 or 40MM Bean Bag round 40MM Spin Stabilized FoamSponge

Round 12 Gauge Single 4560 Cal Ball Round 12 Gauge Bean Bag Round

55

56

3740 MM Wooded Baton Rounds

3740 MM

55 or 8 Inch Casings

BlackSmokeless Powder

35 Baton Rounds

57

3740 MM Interlocking Rubber Baton

3740 MM

55 or 8 Inch Casings

BlackSmokeless Powder

35 Baton Rounds

58

3740 MM Mono Rubber Baton

3740 MM

55 or 8 Inch Casings

BlackSmokeless Powder

Single Baton Round

59

3740 MM Pen-Prevent or Super ldquoSOCrdquo Bean Bag Round

Additional Information

Black PowderSmokeless

Glass BeadsSilica Sand Lead Pelts

Aerodynamic or Non-Aerodynamic

60

40MM Spin Stabilized Foam Rounds

Additional Information 40MM Sponge Round Smokeless Delivery System 48 inch casing Most accurate round to date Special Nylon Casing

Only round which can be

effectively fired in all 5 ZONES

61

12 Gauge High Velocity - Rubber Pellets

Description - Cartridge 12ga Sting Balltrade HVreg

Type - Multiple Projectile Rubber Pellets

Velocity - 900 ftsec (Avg) Maximum Effective Range - 60 feet

Projectiles - 18 (average)

62

12 Gauge High Velocity - Tri-Dent 3 Rubber Ball

Description - Cartridge 12ga Sting Balltrade HVreg

Type - Multiple Projectile Rubber Balls

Velocity - 900 ftsec (Avg) Maximum Effective Range - 60 feet

Projectiles - 3

63

12 Gauge ldquoPen Preventrdquo Bean Bag Round

bull Projectile Weight - 40 gmbull Material - Shot filled Ballistic Fiber Reinforced flexible sock

bull Terminal Velocity - 280 fps (average) at 10 yardsreg

bull Accuracy - 4rdquo or better at 40 yards using a cylinder bore Remington 870

64

Categories of Rounds bull Flexible ndash Generally conforms to

surface it hits

bull Non-Flexible - Generally doesnrsquot conforms to surface it hits

bull Ridged ndash Generally shatters or bounces off surface it comes into contact with

65

Chapter 3

Angles of Fire

Angles of Fire Defined as the

aiming point with a

designated round for maximum accuracy

67

Direct Angle bull Direct ndash Directly aimed into the target area

68

TARGET

Indirect Anglebull Indirect ndash Skipped into the target area (Usually 3-6 feet based on terrain)

69

TARGET

Low Angle

bull Low Angle ndash Aimed just outside of point of aim point of impact distance

70

TARGET

High Angle

bull High Angle ndash Aimed in a high arch into target area

71

TARGET

Chapter 4

Cause and Effect

Cause amp Effect of Rounds

bull Mental - Discuss

bull Physical - Discuss

73

Mental Effectsbull Specialty Impact Munitions have a

tremendous MENTAL effect on an individual In many cases the mental effects may far outweigh the physical effects and be the determining factor in the subjectrsquos response or time of incapacitation or distraction ldquoA fear of being shotrdquo

74

Anxietybull The action of pointing a firearm directly at

an individual andor actually firing a projectile

bull The pain and at times the appearance of

the injury may reinforce this belief

bull Instructor Note Can be addressed through training

75

Fearbull Arouses connotations and a fear of having been

shot with a firearm SIMS may cause a powerful mental distraction

bull Mentally the subject must cope with the physiological pain that the body feels

bull Instructor Note Can be addressed through personal experience

76

Panicbull Panic is not a desirable response due to having

less control of the subject or crowd

bull The impact is likely to create fear which may create a fight or flight response

bull Crowds may scatter rendering the intended escape route useless

bull Instructor Note LEAST DESIREABLE RESPONSE

77

Chapter 5

Primary vs Secondary Injuries

Primary vs Secondary Injury

Primary Injury

bull An injury directly caused by the use of force tool use

80

Secondary Injurybull An injury indirectly caused by

the use of force tool use

bull Either from resistance from subject or another officer and or environmental surroundings

81

Flight of a projectile

bull Once leaving barrel seeks equal weight distribution ndash Pan Cakes Saucer Spin

bull Head Wind ndash Round May Dive or Risebull Tail Wind ndash Round may Float or Cork

Screwbull Cross Wind ndash ldquoJrdquo Turn

82

Projectile CalculationWhen the distance of the target

INCREASES it effects

Velocity + Accuracy + Impact = Injury

83

Projectile CalculationWhen the distance of the target

DECREASES it effects

Velocity + Accuracy + Impact = Injury

84

Chapter 6

Target areas when using SIM

Blunt Trauma vs

Penetration Trauma

Blunt Traumabull The MAXIMUM desired effect of an impact munitions is

BLUNT TRAUMA - an impact from an object that leaves the body surface intact but may cause sufficient (non-life threatening) injury to distract control or incapacitate the subject

Stinger Round Injury

Pepperball Injury

Stinger Round Injury87

Types of Blunt Trauma Injuries

bull Abrasions - Skimming the surface skin area

bull Contusions - Injury to the brain

bull Lacerations - Partially hitting the skin surface from the side cutting the surface

88

Continued Blunt Trauma Injuriesbull Fractures - Primary injury when

munition strikes target are directly

bull Secondary injury when munitions strikes target area and causes the body to fall striking another surface indirectly

bull Concussion - Glancing blows or missed target or Falling or collapsing of the subject 89

Penetration Traumabull The unintended and most

undesirable outcome of an SIMS is penetration

bull SIMrsquos can cause Death or serious bodily injury

90

PenetrationPuncture ndash Entering the body

at arsquo90 degree angle breaking

thesurface of the skin

91

Target Areas

Unable to use a striking color baton chart

because the chart was used to identify areas of the body for impact and

injuries for striking a human which is MUCH less

force then deploying Specially Impact

Munitions92

Meat amp Muscle Areas

bull Primary target areas that when striking the human body will cause mild to intense pain with NO LONG LASTING INJURY

93

Primary Target Area ndash the target area

consisting of large muscle groupsbull Buttocks bull Thigh amp Calvesbull Lower Abdominal Areabull BicepsTricepsbull Forearm area

94

Meat amp Bone Areasbull Secondary target areas that when striking the human body will cause mild to intense pain with MINOR to LONG LASTING INJURY

95

Secondary target areas are skeletal areas ndash

preferred - may result in fractures

bull Shoulderbull Kneesbull Anklesbull Wrists bull Elbows

96

Bone amp Sensitive Areasbull Last resort target areas that when

striking the human body will cause intense pain with long lasting injury which MAY RESULT IN SERIOUS BODILY HARM WHICH MAY RESULT IN DEATH

97

Last Resort Target Area ndash the target area when

maximum effectiveness is desired to meet a level of

threat escalating to deadly force justification

bull Head amp Throatbull Chest (center mass)bull Solar plexusbull Groinbull Spinebull Lower back

98

99

100

Clothing

1 In colder climates where heavier clothing and jackets are worn rounds with higher energy capabilities will be required

2 In a case where the subject is lightly dressed pay close attention to munitions selection shot placement and engagement distance

3 In detention facilities and during civil disturbances the subjects may pad themselves in order to defeat the effects of SIM

101

Physical Stature and Condition ndash Is the subject heavy musculature or thin and skeletal age

1 250-pound muscular individual will more than likely be physiologically effected less than a 100-pound individual when both are struck in the sametarget area by SIM

2 The blunt trauma effects and the potential for penetration are much greater for the smallerperson 102

37MM Foam Baton-15 feet=WHOHOW12 ga Rubber Pellets HV- 22 feet= WHOHOW40MM Bean Bag-34 feet=WHOHOW

213

90 to 140 lbs 131 to 185 lbs 186 to 220 lbs (220 to 350+)

103

Immediate Surroundings 1Is there any person in the immediate area who

maybe at risk of a deflected or missed shot

2Identify your target backstop and beyond

104

Chapter 7

Intervention Options

THE FORCE CONTINUUM ndash WHEN TO USE SIMrsquos

bull Ladder of Forcebull Force Continuumbull Circle of Forcebull Force Modularbull Escalation of Force

106

107

OFFICER PRESENCE

bull Uniform Badge bull Dedicated Weapon Displayed

bull On a Slingbull Port Arms bull Ready Carry Position

108

Presence

109

Verbal Commands

bull Please stand over there bull Please sit down on the chairbull Stop put your hands downbull Ending with ldquoDo it nowrdquobull Professional Tone amp Attitude

110

NON-Verbal

111

Verbalization

112

SOFT PHYSICAL TECHNIQUES

bull Slight touching or guiding contact

bull Cupping an elbow to escort Lightly grabbing an arm or shoulder

bull AIMING WEAPON113

Aiming WeaponFinger OFF

Trigger

114

HARD PHYSICAL TECHNIQUES

bull Limb Control Techniquesbull Takedown Ground Stabilizationbull Dynamic Countermeasuresbull Impact Techniquesbull Electrical Devicesbull Hand held impact weapons bull Specialty Impact Munitions

115

Firing the Weapon116

DEADLY FORCE

bull Impact Weaponsbull SIM ndash Changing Aiming Point

bull Neck Restraintbull Firearm

117

Transitioning to

firearm

118

Chapter 8

Documentation

Documentationbull Collect all munitions expended and photographed when practical

ndashEvery CasingndashMark Misfired or Damaged rounds 120

Documentation

bull An inventory of munitions used and not used should be noted

ndashWhat was issued and went out

ndashWhat was fired and misfiredndashWhat was lost and not recovered 121

Documentation

bull A report should be written detailing the order in which the events occurred and the police actions that were required

122

Documentation

bull Report the effectiveness of the various types of SIMrsquos and their delivery systems

ndashWhat did I fire that didnrsquot

ndashWhat did I fire that did123

Documentationbull Document any injuries sustained and property damage incurred

ndashInjuries to SubjectndashOfficersndashBystanders

124

Documentationbull After the crowd has dispersed it

is necessary to move rapidly into the target area to remove lingering groups and to prevent the crowd from regrouping and continuing illegal activity

ndashFollow ThroughndashSecuring the Area

125

LIABILITY ISSUES

The court will decide whether the actions of the officers were

(1)Consistent with the limits set forth by the constitution federal and state laws

(2)Consistent with departmental policy and procedures

(3)Consistent with training the officer received to handle such situations

126

5 Important Questions to ASK

bull What was the distance angle and elevation

bull What was the construction of the round used

bull What was the size of the subjectbull What was the expected point of impactbull What was the training of the shooter

127

Questions the Court will ASK

(1) Look at the conduct of other officers who were present andor participated in the actions

(2) The conduct of supervisors who may have authorized the actions of officers

128

Questions the Court will ASK

(1) Were the actions of the officers consistent with their training

(2) Was the training adequate and acceptable by contemporary standards

If the officers were not trained does it amountto deliberate indifference on the part of the

agency 129

Was the actions of the officer

bull A trained techniquebull Was it a dynamic application of

the trained techniquebull Was it an untrained technique

justified under the circumstances

130

Case Law

Know your laws

Graham v Connor 490 US 386 (1989)

a The US Supreme Court case that defined the standard under which excessive force claims would be judged

(1) The standard established was that of objective reasonableness(2) Prior to this the standard was police behavior that shocks the conscienceldquo

bIn this case the court redefined and set forth a less subjective standard

132Copyrighted by Dave Young

1990

City of Canton v Harris 489 US 378 109 S Ct 1197 (1989)

a In this case a woman was arrested and did not receive necessary medical attention after a shift commander was made aware of her condition and decided she did not need medical attention

b Although on the face the City of Canton policy addressed medical issues they were grossly negligent in that they did not provide the shift commanders with the proper training to make such decisions 133

Copyrighted by Dave Young 1990

City of Canton v Harris 489 US 378 109 S Ct 1197 (1989)

c There were many issues that emerged from this case however the primary issue was that of failure to train on the part of the city That negligence amounted to being deliberately in different to the rights of the plaintiff

The implications of Canton v Harris can also go beyond training issues however the burden of proving the Standard of deliberate indifference is on the plaintiff and not easy to prove

d Court Recommendation The duties that officers are assigned to perform must be accompanied with adequate training to perform that function

134Copyrighted by Dave Young

1990

ONeal v DeKalb County GA 850 F2d 653 (11th Cir 1988)

a A mental subject stabbed 7 people before being confronted by the police After repeatedly ordering the subject to drop the knife and lay on the floor the subject rushed the officers and was shot to death

b The court ruled that the use of deadly force instead of non-lethal force against a knife wielding suspect was not malicious or unreasonable therefore not actionable by the plaintiffs

135Copyrighted by Dave Young

1990

Plakas v Drinski 19 F3rd 1143 (7th Cir 1994) cert Denied 115 S Ct 81 (1994)

This case involved the shooting of a suspect who was

wielding a fire poker When the officer attempted to

arrest him he charged the officer with the fire poker and

was shot by police

(1)Plaintiffs who sued on behalf of the deceased claimed the officer did not use other means of force available to him at that time listing disabling chemical spray a police dog and distance

136Copyrighted by Dave Young

1990

Plakas v Drinski 19 F3rd 1143 (7th Cir 1994) cert Denied 115 SCt 81 (1994)

(2) The court stated ldquothat to permit every jury in this type of case to hear expert testimony that the defendant would have been uninjured if only the police had been able to use disabling gas or a capture net or a electrical device

(a)A municipality is liable because it failed to buy this equipment

(b)The Constitution does not enact a police administratorrsquos

equipment listlsquordquo

(c) The court ruled that there is no legal precedent that requires an officer to utilize alternatives to deadly force

137Copyrighted by Dave Young

1990

Davis v Mason County 927 F2d 1473 (9th Cir 1991)

aThe court ruled that the department had adequate training on the technical components of the use of force but did not have adequate training on the constitutional limits of the use of force in effecting arrests

138Copyrighted by Dave Young

1990

Davis v Mason County 927 F2d 1473 (9th Cir 1991)

b In other words the officers were trained on the how but not on the why and when the force is appropriate

c Court Recommendation Training should include confrontational scenarios of situations that require decision making then articulation by the officer as to the justification for the force used or not used

139Copyrighted by Dave Young

1990

Quezada v County of Bernalillo 944 F2d 710 (10th Cir 1991)

a The court ruled that an officer might be held liable for putting himself in a situation that requires him to use deadly force against an armed suicidal person

b This case involved an officer who left a position of cover to confront a suicidal subject

140Copyrighted by Dave Young

1990

141

Dave YoungFounder amp Director

ARMA Training

Website wwwarmatrainingcom772-913-1615

copyrighted by Dave Young 1994

Chapter 2

Classifications of Specialty Impact Munitions

Classifications of SIM Rounds

43

Low Energy VS High Energy Only need one of both

bull Weatherbull Distance from threat

bull Terrain

Low Energybull Designed to deliver minimal energy to cause slight physical discomfort for pain compliance or mental distraction

44

High Energybull Designed to deliver enough energy to inflict blunt trauma to cause greater physical discomfort and possible incapacitation

45

Low Energy Roundsbull 37MM or 40MM Multiple Rubber

Balls (32 or 60 caliber) or Stinger Ball

bull 37MM or 40MM Multiple Foam Baton bull 40MM Spin Stabilized FoamSponge

Roundbull 12 Gauge Rubber Pellets ndash Marked

Low Velocity 46

47

3132 Caliber Stinger BallsAdditional Information

37mm or 40MM

Black Powder or Smokeless

3132 Caliber Ball (approx)

55 or 8 inch casings

48

4560 Cal Rubber Balls

Additional Information

3740MM

Approx 24 Rubber Balls

Average 325 FPS

49

Foam Baton Rounds

Additional Information 37mm or 40MM Black Powder or Smokeless 35 baton rounds - 55 or 8 inch casings

50

40MM Spin Stabilized Foam Rounds

Additional Information

40MM Sponge Round Smokeless Delivery System

48 inch casings Most accurate round to date Most reliable round

51

Hit with 40MM Spin Stabilized Round 45 feet from Barrel

Notice no rip or tear in clothing

52

Hit with 40 MM Sponge Round 30 feet from Barrel

Within 3 days of being hit

1 hours after being hit

Shooter Sgt Don WeiderLexington SCSheriffrsquos Office

53

Stinger Balls Additional Information

CS ndash CN Powder Filled Launched or Thrown 31 Caliber (approximately 180

RBrsquos)

15 Sec Time delay

54

12 Gauge Rubber Pellets

Description - Cartridge 12ga Sting Balltradereg

Type - Multiple Projectile Rubber Pellets

Velocity - 400 ftsec (Avg) Maximum Effective Range - 50 feetProjectiles - 18 (average)

High Energy Rounds 37 or 40MM Multiple Wooded Baton 37 or 40MM Multiple Rubber Baton 37 or 40MM Bean Bag round 40MM Spin Stabilized FoamSponge

Round 12 Gauge Single 4560 Cal Ball Round 12 Gauge Bean Bag Round

55

56

3740 MM Wooded Baton Rounds

3740 MM

55 or 8 Inch Casings

BlackSmokeless Powder

35 Baton Rounds

57

3740 MM Interlocking Rubber Baton

3740 MM

55 or 8 Inch Casings

BlackSmokeless Powder

35 Baton Rounds

58

3740 MM Mono Rubber Baton

3740 MM

55 or 8 Inch Casings

BlackSmokeless Powder

Single Baton Round

59

3740 MM Pen-Prevent or Super ldquoSOCrdquo Bean Bag Round

Additional Information

Black PowderSmokeless

Glass BeadsSilica Sand Lead Pelts

Aerodynamic or Non-Aerodynamic

60

40MM Spin Stabilized Foam Rounds

Additional Information 40MM Sponge Round Smokeless Delivery System 48 inch casing Most accurate round to date Special Nylon Casing

Only round which can be

effectively fired in all 5 ZONES

61

12 Gauge High Velocity - Rubber Pellets

Description - Cartridge 12ga Sting Balltrade HVreg

Type - Multiple Projectile Rubber Pellets

Velocity - 900 ftsec (Avg) Maximum Effective Range - 60 feet

Projectiles - 18 (average)

62

12 Gauge High Velocity - Tri-Dent 3 Rubber Ball

Description - Cartridge 12ga Sting Balltrade HVreg

Type - Multiple Projectile Rubber Balls

Velocity - 900 ftsec (Avg) Maximum Effective Range - 60 feet

Projectiles - 3

63

12 Gauge ldquoPen Preventrdquo Bean Bag Round

bull Projectile Weight - 40 gmbull Material - Shot filled Ballistic Fiber Reinforced flexible sock

bull Terminal Velocity - 280 fps (average) at 10 yardsreg

bull Accuracy - 4rdquo or better at 40 yards using a cylinder bore Remington 870

64

Categories of Rounds bull Flexible ndash Generally conforms to

surface it hits

bull Non-Flexible - Generally doesnrsquot conforms to surface it hits

bull Ridged ndash Generally shatters or bounces off surface it comes into contact with

65

Chapter 3

Angles of Fire

Angles of Fire Defined as the

aiming point with a

designated round for maximum accuracy

67

Direct Angle bull Direct ndash Directly aimed into the target area

68

TARGET

Indirect Anglebull Indirect ndash Skipped into the target area (Usually 3-6 feet based on terrain)

69

TARGET

Low Angle

bull Low Angle ndash Aimed just outside of point of aim point of impact distance

70

TARGET

High Angle

bull High Angle ndash Aimed in a high arch into target area

71

TARGET

Chapter 4

Cause and Effect

Cause amp Effect of Rounds

bull Mental - Discuss

bull Physical - Discuss

73

Mental Effectsbull Specialty Impact Munitions have a

tremendous MENTAL effect on an individual In many cases the mental effects may far outweigh the physical effects and be the determining factor in the subjectrsquos response or time of incapacitation or distraction ldquoA fear of being shotrdquo

74

Anxietybull The action of pointing a firearm directly at

an individual andor actually firing a projectile

bull The pain and at times the appearance of

the injury may reinforce this belief

bull Instructor Note Can be addressed through training

75

Fearbull Arouses connotations and a fear of having been

shot with a firearm SIMS may cause a powerful mental distraction

bull Mentally the subject must cope with the physiological pain that the body feels

bull Instructor Note Can be addressed through personal experience

76

Panicbull Panic is not a desirable response due to having

less control of the subject or crowd

bull The impact is likely to create fear which may create a fight or flight response

bull Crowds may scatter rendering the intended escape route useless

bull Instructor Note LEAST DESIREABLE RESPONSE

77

Chapter 5

Primary vs Secondary Injuries

Primary vs Secondary Injury

Primary Injury

bull An injury directly caused by the use of force tool use

80

Secondary Injurybull An injury indirectly caused by

the use of force tool use

bull Either from resistance from subject or another officer and or environmental surroundings

81

Flight of a projectile

bull Once leaving barrel seeks equal weight distribution ndash Pan Cakes Saucer Spin

bull Head Wind ndash Round May Dive or Risebull Tail Wind ndash Round may Float or Cork

Screwbull Cross Wind ndash ldquoJrdquo Turn

82

Projectile CalculationWhen the distance of the target

INCREASES it effects

Velocity + Accuracy + Impact = Injury

83

Projectile CalculationWhen the distance of the target

DECREASES it effects

Velocity + Accuracy + Impact = Injury

84

Chapter 6

Target areas when using SIM

Blunt Trauma vs

Penetration Trauma

Blunt Traumabull The MAXIMUM desired effect of an impact munitions is

BLUNT TRAUMA - an impact from an object that leaves the body surface intact but may cause sufficient (non-life threatening) injury to distract control or incapacitate the subject

Stinger Round Injury

Pepperball Injury

Stinger Round Injury87

Types of Blunt Trauma Injuries

bull Abrasions - Skimming the surface skin area

bull Contusions - Injury to the brain

bull Lacerations - Partially hitting the skin surface from the side cutting the surface

88

Continued Blunt Trauma Injuriesbull Fractures - Primary injury when

munition strikes target are directly

bull Secondary injury when munitions strikes target area and causes the body to fall striking another surface indirectly

bull Concussion - Glancing blows or missed target or Falling or collapsing of the subject 89

Penetration Traumabull The unintended and most

undesirable outcome of an SIMS is penetration

bull SIMrsquos can cause Death or serious bodily injury

90

PenetrationPuncture ndash Entering the body

at arsquo90 degree angle breaking

thesurface of the skin

91

Target Areas

Unable to use a striking color baton chart

because the chart was used to identify areas of the body for impact and

injuries for striking a human which is MUCH less

force then deploying Specially Impact

Munitions92

Meat amp Muscle Areas

bull Primary target areas that when striking the human body will cause mild to intense pain with NO LONG LASTING INJURY

93

Primary Target Area ndash the target area

consisting of large muscle groupsbull Buttocks bull Thigh amp Calvesbull Lower Abdominal Areabull BicepsTricepsbull Forearm area

94

Meat amp Bone Areasbull Secondary target areas that when striking the human body will cause mild to intense pain with MINOR to LONG LASTING INJURY

95

Secondary target areas are skeletal areas ndash

preferred - may result in fractures

bull Shoulderbull Kneesbull Anklesbull Wrists bull Elbows

96

Bone amp Sensitive Areasbull Last resort target areas that when

striking the human body will cause intense pain with long lasting injury which MAY RESULT IN SERIOUS BODILY HARM WHICH MAY RESULT IN DEATH

97

Last Resort Target Area ndash the target area when

maximum effectiveness is desired to meet a level of

threat escalating to deadly force justification

bull Head amp Throatbull Chest (center mass)bull Solar plexusbull Groinbull Spinebull Lower back

98

99

100

Clothing

1 In colder climates where heavier clothing and jackets are worn rounds with higher energy capabilities will be required

2 In a case where the subject is lightly dressed pay close attention to munitions selection shot placement and engagement distance

3 In detention facilities and during civil disturbances the subjects may pad themselves in order to defeat the effects of SIM

101

Physical Stature and Condition ndash Is the subject heavy musculature or thin and skeletal age

1 250-pound muscular individual will more than likely be physiologically effected less than a 100-pound individual when both are struck in the sametarget area by SIM

2 The blunt trauma effects and the potential for penetration are much greater for the smallerperson 102

37MM Foam Baton-15 feet=WHOHOW12 ga Rubber Pellets HV- 22 feet= WHOHOW40MM Bean Bag-34 feet=WHOHOW

213

90 to 140 lbs 131 to 185 lbs 186 to 220 lbs (220 to 350+)

103

Immediate Surroundings 1Is there any person in the immediate area who

maybe at risk of a deflected or missed shot

2Identify your target backstop and beyond

104

Chapter 7

Intervention Options

THE FORCE CONTINUUM ndash WHEN TO USE SIMrsquos

bull Ladder of Forcebull Force Continuumbull Circle of Forcebull Force Modularbull Escalation of Force

106

107

OFFICER PRESENCE

bull Uniform Badge bull Dedicated Weapon Displayed

bull On a Slingbull Port Arms bull Ready Carry Position

108

Presence

109

Verbal Commands

bull Please stand over there bull Please sit down on the chairbull Stop put your hands downbull Ending with ldquoDo it nowrdquobull Professional Tone amp Attitude

110

NON-Verbal

111

Verbalization

112

SOFT PHYSICAL TECHNIQUES

bull Slight touching or guiding contact

bull Cupping an elbow to escort Lightly grabbing an arm or shoulder

bull AIMING WEAPON113

Aiming WeaponFinger OFF

Trigger

114

HARD PHYSICAL TECHNIQUES

bull Limb Control Techniquesbull Takedown Ground Stabilizationbull Dynamic Countermeasuresbull Impact Techniquesbull Electrical Devicesbull Hand held impact weapons bull Specialty Impact Munitions

115

Firing the Weapon116

DEADLY FORCE

bull Impact Weaponsbull SIM ndash Changing Aiming Point

bull Neck Restraintbull Firearm

117

Transitioning to

firearm

118

Chapter 8

Documentation

Documentationbull Collect all munitions expended and photographed when practical

ndashEvery CasingndashMark Misfired or Damaged rounds 120

Documentation

bull An inventory of munitions used and not used should be noted

ndashWhat was issued and went out

ndashWhat was fired and misfiredndashWhat was lost and not recovered 121

Documentation

bull A report should be written detailing the order in which the events occurred and the police actions that were required

122

Documentation

bull Report the effectiveness of the various types of SIMrsquos and their delivery systems

ndashWhat did I fire that didnrsquot

ndashWhat did I fire that did123

Documentationbull Document any injuries sustained and property damage incurred

ndashInjuries to SubjectndashOfficersndashBystanders

124

Documentationbull After the crowd has dispersed it

is necessary to move rapidly into the target area to remove lingering groups and to prevent the crowd from regrouping and continuing illegal activity

ndashFollow ThroughndashSecuring the Area

125

LIABILITY ISSUES

The court will decide whether the actions of the officers were

(1)Consistent with the limits set forth by the constitution federal and state laws

(2)Consistent with departmental policy and procedures

(3)Consistent with training the officer received to handle such situations

126

5 Important Questions to ASK

bull What was the distance angle and elevation

bull What was the construction of the round used

bull What was the size of the subjectbull What was the expected point of impactbull What was the training of the shooter

127

Questions the Court will ASK

(1) Look at the conduct of other officers who were present andor participated in the actions

(2) The conduct of supervisors who may have authorized the actions of officers

128

Questions the Court will ASK

(1) Were the actions of the officers consistent with their training

(2) Was the training adequate and acceptable by contemporary standards

If the officers were not trained does it amountto deliberate indifference on the part of the

agency 129

Was the actions of the officer

bull A trained techniquebull Was it a dynamic application of

the trained techniquebull Was it an untrained technique

justified under the circumstances

130

Case Law

Know your laws

Graham v Connor 490 US 386 (1989)

a The US Supreme Court case that defined the standard under which excessive force claims would be judged

(1) The standard established was that of objective reasonableness(2) Prior to this the standard was police behavior that shocks the conscienceldquo

bIn this case the court redefined and set forth a less subjective standard

132Copyrighted by Dave Young

1990

City of Canton v Harris 489 US 378 109 S Ct 1197 (1989)

a In this case a woman was arrested and did not receive necessary medical attention after a shift commander was made aware of her condition and decided she did not need medical attention

b Although on the face the City of Canton policy addressed medical issues they were grossly negligent in that they did not provide the shift commanders with the proper training to make such decisions 133

Copyrighted by Dave Young 1990

City of Canton v Harris 489 US 378 109 S Ct 1197 (1989)

c There were many issues that emerged from this case however the primary issue was that of failure to train on the part of the city That negligence amounted to being deliberately in different to the rights of the plaintiff

The implications of Canton v Harris can also go beyond training issues however the burden of proving the Standard of deliberate indifference is on the plaintiff and not easy to prove

d Court Recommendation The duties that officers are assigned to perform must be accompanied with adequate training to perform that function

134Copyrighted by Dave Young

1990

ONeal v DeKalb County GA 850 F2d 653 (11th Cir 1988)

a A mental subject stabbed 7 people before being confronted by the police After repeatedly ordering the subject to drop the knife and lay on the floor the subject rushed the officers and was shot to death

b The court ruled that the use of deadly force instead of non-lethal force against a knife wielding suspect was not malicious or unreasonable therefore not actionable by the plaintiffs

135Copyrighted by Dave Young

1990

Plakas v Drinski 19 F3rd 1143 (7th Cir 1994) cert Denied 115 S Ct 81 (1994)

This case involved the shooting of a suspect who was

wielding a fire poker When the officer attempted to

arrest him he charged the officer with the fire poker and

was shot by police

(1)Plaintiffs who sued on behalf of the deceased claimed the officer did not use other means of force available to him at that time listing disabling chemical spray a police dog and distance

136Copyrighted by Dave Young

1990

Plakas v Drinski 19 F3rd 1143 (7th Cir 1994) cert Denied 115 SCt 81 (1994)

(2) The court stated ldquothat to permit every jury in this type of case to hear expert testimony that the defendant would have been uninjured if only the police had been able to use disabling gas or a capture net or a electrical device

(a)A municipality is liable because it failed to buy this equipment

(b)The Constitution does not enact a police administratorrsquos

equipment listlsquordquo

(c) The court ruled that there is no legal precedent that requires an officer to utilize alternatives to deadly force

137Copyrighted by Dave Young

1990

Davis v Mason County 927 F2d 1473 (9th Cir 1991)

aThe court ruled that the department had adequate training on the technical components of the use of force but did not have adequate training on the constitutional limits of the use of force in effecting arrests

138Copyrighted by Dave Young

1990

Davis v Mason County 927 F2d 1473 (9th Cir 1991)

b In other words the officers were trained on the how but not on the why and when the force is appropriate

c Court Recommendation Training should include confrontational scenarios of situations that require decision making then articulation by the officer as to the justification for the force used or not used

139Copyrighted by Dave Young

1990

Quezada v County of Bernalillo 944 F2d 710 (10th Cir 1991)

a The court ruled that an officer might be held liable for putting himself in a situation that requires him to use deadly force against an armed suicidal person

b This case involved an officer who left a position of cover to confront a suicidal subject

140Copyrighted by Dave Young

1990

141

Dave YoungFounder amp Director

ARMA Training

Website wwwarmatrainingcom772-913-1615

copyrighted by Dave Young 1994

Classifications of SIM Rounds

43

Low Energy VS High Energy Only need one of both

bull Weatherbull Distance from threat

bull Terrain

Low Energybull Designed to deliver minimal energy to cause slight physical discomfort for pain compliance or mental distraction

44

High Energybull Designed to deliver enough energy to inflict blunt trauma to cause greater physical discomfort and possible incapacitation

45

Low Energy Roundsbull 37MM or 40MM Multiple Rubber

Balls (32 or 60 caliber) or Stinger Ball

bull 37MM or 40MM Multiple Foam Baton bull 40MM Spin Stabilized FoamSponge

Roundbull 12 Gauge Rubber Pellets ndash Marked

Low Velocity 46

47

3132 Caliber Stinger BallsAdditional Information

37mm or 40MM

Black Powder or Smokeless

3132 Caliber Ball (approx)

55 or 8 inch casings

48

4560 Cal Rubber Balls

Additional Information

3740MM

Approx 24 Rubber Balls

Average 325 FPS

49

Foam Baton Rounds

Additional Information 37mm or 40MM Black Powder or Smokeless 35 baton rounds - 55 or 8 inch casings

50

40MM Spin Stabilized Foam Rounds

Additional Information

40MM Sponge Round Smokeless Delivery System

48 inch casings Most accurate round to date Most reliable round

51

Hit with 40MM Spin Stabilized Round 45 feet from Barrel

Notice no rip or tear in clothing

52

Hit with 40 MM Sponge Round 30 feet from Barrel

Within 3 days of being hit

1 hours after being hit

Shooter Sgt Don WeiderLexington SCSheriffrsquos Office

53

Stinger Balls Additional Information

CS ndash CN Powder Filled Launched or Thrown 31 Caliber (approximately 180

RBrsquos)

15 Sec Time delay

54

12 Gauge Rubber Pellets

Description - Cartridge 12ga Sting Balltradereg

Type - Multiple Projectile Rubber Pellets

Velocity - 400 ftsec (Avg) Maximum Effective Range - 50 feetProjectiles - 18 (average)

High Energy Rounds 37 or 40MM Multiple Wooded Baton 37 or 40MM Multiple Rubber Baton 37 or 40MM Bean Bag round 40MM Spin Stabilized FoamSponge

Round 12 Gauge Single 4560 Cal Ball Round 12 Gauge Bean Bag Round

55

56

3740 MM Wooded Baton Rounds

3740 MM

55 or 8 Inch Casings

BlackSmokeless Powder

35 Baton Rounds

57

3740 MM Interlocking Rubber Baton

3740 MM

55 or 8 Inch Casings

BlackSmokeless Powder

35 Baton Rounds

58

3740 MM Mono Rubber Baton

3740 MM

55 or 8 Inch Casings

BlackSmokeless Powder

Single Baton Round

59

3740 MM Pen-Prevent or Super ldquoSOCrdquo Bean Bag Round

Additional Information

Black PowderSmokeless

Glass BeadsSilica Sand Lead Pelts

Aerodynamic or Non-Aerodynamic

60

40MM Spin Stabilized Foam Rounds

Additional Information 40MM Sponge Round Smokeless Delivery System 48 inch casing Most accurate round to date Special Nylon Casing

Only round which can be

effectively fired in all 5 ZONES

61

12 Gauge High Velocity - Rubber Pellets

Description - Cartridge 12ga Sting Balltrade HVreg

Type - Multiple Projectile Rubber Pellets

Velocity - 900 ftsec (Avg) Maximum Effective Range - 60 feet

Projectiles - 18 (average)

62

12 Gauge High Velocity - Tri-Dent 3 Rubber Ball

Description - Cartridge 12ga Sting Balltrade HVreg

Type - Multiple Projectile Rubber Balls

Velocity - 900 ftsec (Avg) Maximum Effective Range - 60 feet

Projectiles - 3

63

12 Gauge ldquoPen Preventrdquo Bean Bag Round

bull Projectile Weight - 40 gmbull Material - Shot filled Ballistic Fiber Reinforced flexible sock

bull Terminal Velocity - 280 fps (average) at 10 yardsreg

bull Accuracy - 4rdquo or better at 40 yards using a cylinder bore Remington 870

64

Categories of Rounds bull Flexible ndash Generally conforms to

surface it hits

bull Non-Flexible - Generally doesnrsquot conforms to surface it hits

bull Ridged ndash Generally shatters or bounces off surface it comes into contact with

65

Chapter 3

Angles of Fire

Angles of Fire Defined as the

aiming point with a

designated round for maximum accuracy

67

Direct Angle bull Direct ndash Directly aimed into the target area

68

TARGET

Indirect Anglebull Indirect ndash Skipped into the target area (Usually 3-6 feet based on terrain)

69

TARGET

Low Angle

bull Low Angle ndash Aimed just outside of point of aim point of impact distance

70

TARGET

High Angle

bull High Angle ndash Aimed in a high arch into target area

71

TARGET

Chapter 4

Cause and Effect

Cause amp Effect of Rounds

bull Mental - Discuss

bull Physical - Discuss

73

Mental Effectsbull Specialty Impact Munitions have a

tremendous MENTAL effect on an individual In many cases the mental effects may far outweigh the physical effects and be the determining factor in the subjectrsquos response or time of incapacitation or distraction ldquoA fear of being shotrdquo

74

Anxietybull The action of pointing a firearm directly at

an individual andor actually firing a projectile

bull The pain and at times the appearance of

the injury may reinforce this belief

bull Instructor Note Can be addressed through training

75

Fearbull Arouses connotations and a fear of having been

shot with a firearm SIMS may cause a powerful mental distraction

bull Mentally the subject must cope with the physiological pain that the body feels

bull Instructor Note Can be addressed through personal experience

76

Panicbull Panic is not a desirable response due to having

less control of the subject or crowd

bull The impact is likely to create fear which may create a fight or flight response

bull Crowds may scatter rendering the intended escape route useless

bull Instructor Note LEAST DESIREABLE RESPONSE

77

Chapter 5

Primary vs Secondary Injuries

Primary vs Secondary Injury

Primary Injury

bull An injury directly caused by the use of force tool use

80

Secondary Injurybull An injury indirectly caused by

the use of force tool use

bull Either from resistance from subject or another officer and or environmental surroundings

81

Flight of a projectile

bull Once leaving barrel seeks equal weight distribution ndash Pan Cakes Saucer Spin

bull Head Wind ndash Round May Dive or Risebull Tail Wind ndash Round may Float or Cork

Screwbull Cross Wind ndash ldquoJrdquo Turn

82

Projectile CalculationWhen the distance of the target

INCREASES it effects

Velocity + Accuracy + Impact = Injury

83

Projectile CalculationWhen the distance of the target

DECREASES it effects

Velocity + Accuracy + Impact = Injury

84

Chapter 6

Target areas when using SIM

Blunt Trauma vs

Penetration Trauma

Blunt Traumabull The MAXIMUM desired effect of an impact munitions is

BLUNT TRAUMA - an impact from an object that leaves the body surface intact but may cause sufficient (non-life threatening) injury to distract control or incapacitate the subject

Stinger Round Injury

Pepperball Injury

Stinger Round Injury87

Types of Blunt Trauma Injuries

bull Abrasions - Skimming the surface skin area

bull Contusions - Injury to the brain

bull Lacerations - Partially hitting the skin surface from the side cutting the surface

88

Continued Blunt Trauma Injuriesbull Fractures - Primary injury when

munition strikes target are directly

bull Secondary injury when munitions strikes target area and causes the body to fall striking another surface indirectly

bull Concussion - Glancing blows or missed target or Falling or collapsing of the subject 89

Penetration Traumabull The unintended and most

undesirable outcome of an SIMS is penetration

bull SIMrsquos can cause Death or serious bodily injury

90

PenetrationPuncture ndash Entering the body

at arsquo90 degree angle breaking

thesurface of the skin

91

Target Areas

Unable to use a striking color baton chart

because the chart was used to identify areas of the body for impact and

injuries for striking a human which is MUCH less

force then deploying Specially Impact

Munitions92

Meat amp Muscle Areas

bull Primary target areas that when striking the human body will cause mild to intense pain with NO LONG LASTING INJURY

93

Primary Target Area ndash the target area

consisting of large muscle groupsbull Buttocks bull Thigh amp Calvesbull Lower Abdominal Areabull BicepsTricepsbull Forearm area

94

Meat amp Bone Areasbull Secondary target areas that when striking the human body will cause mild to intense pain with MINOR to LONG LASTING INJURY

95

Secondary target areas are skeletal areas ndash

preferred - may result in fractures

bull Shoulderbull Kneesbull Anklesbull Wrists bull Elbows

96

Bone amp Sensitive Areasbull Last resort target areas that when

striking the human body will cause intense pain with long lasting injury which MAY RESULT IN SERIOUS BODILY HARM WHICH MAY RESULT IN DEATH

97

Last Resort Target Area ndash the target area when

maximum effectiveness is desired to meet a level of

threat escalating to deadly force justification

bull Head amp Throatbull Chest (center mass)bull Solar plexusbull Groinbull Spinebull Lower back

98

99

100

Clothing

1 In colder climates where heavier clothing and jackets are worn rounds with higher energy capabilities will be required

2 In a case where the subject is lightly dressed pay close attention to munitions selection shot placement and engagement distance

3 In detention facilities and during civil disturbances the subjects may pad themselves in order to defeat the effects of SIM

101

Physical Stature and Condition ndash Is the subject heavy musculature or thin and skeletal age

1 250-pound muscular individual will more than likely be physiologically effected less than a 100-pound individual when both are struck in the sametarget area by SIM

2 The blunt trauma effects and the potential for penetration are much greater for the smallerperson 102

37MM Foam Baton-15 feet=WHOHOW12 ga Rubber Pellets HV- 22 feet= WHOHOW40MM Bean Bag-34 feet=WHOHOW

213

90 to 140 lbs 131 to 185 lbs 186 to 220 lbs (220 to 350+)

103

Immediate Surroundings 1Is there any person in the immediate area who

maybe at risk of a deflected or missed shot

2Identify your target backstop and beyond

104

Chapter 7

Intervention Options

THE FORCE CONTINUUM ndash WHEN TO USE SIMrsquos

bull Ladder of Forcebull Force Continuumbull Circle of Forcebull Force Modularbull Escalation of Force

106

107

OFFICER PRESENCE

bull Uniform Badge bull Dedicated Weapon Displayed

bull On a Slingbull Port Arms bull Ready Carry Position

108

Presence

109

Verbal Commands

bull Please stand over there bull Please sit down on the chairbull Stop put your hands downbull Ending with ldquoDo it nowrdquobull Professional Tone amp Attitude

110

NON-Verbal

111

Verbalization

112

SOFT PHYSICAL TECHNIQUES

bull Slight touching or guiding contact

bull Cupping an elbow to escort Lightly grabbing an arm or shoulder

bull AIMING WEAPON113

Aiming WeaponFinger OFF

Trigger

114

HARD PHYSICAL TECHNIQUES

bull Limb Control Techniquesbull Takedown Ground Stabilizationbull Dynamic Countermeasuresbull Impact Techniquesbull Electrical Devicesbull Hand held impact weapons bull Specialty Impact Munitions

115

Firing the Weapon116

DEADLY FORCE

bull Impact Weaponsbull SIM ndash Changing Aiming Point

bull Neck Restraintbull Firearm

117

Transitioning to

firearm

118

Chapter 8

Documentation

Documentationbull Collect all munitions expended and photographed when practical

ndashEvery CasingndashMark Misfired or Damaged rounds 120

Documentation

bull An inventory of munitions used and not used should be noted

ndashWhat was issued and went out

ndashWhat was fired and misfiredndashWhat was lost and not recovered 121

Documentation

bull A report should be written detailing the order in which the events occurred and the police actions that were required

122

Documentation

bull Report the effectiveness of the various types of SIMrsquos and their delivery systems

ndashWhat did I fire that didnrsquot

ndashWhat did I fire that did123

Documentationbull Document any injuries sustained and property damage incurred

ndashInjuries to SubjectndashOfficersndashBystanders

124

Documentationbull After the crowd has dispersed it

is necessary to move rapidly into the target area to remove lingering groups and to prevent the crowd from regrouping and continuing illegal activity

ndashFollow ThroughndashSecuring the Area

125

LIABILITY ISSUES

The court will decide whether the actions of the officers were

(1)Consistent with the limits set forth by the constitution federal and state laws

(2)Consistent with departmental policy and procedures

(3)Consistent with training the officer received to handle such situations

126

5 Important Questions to ASK

bull What was the distance angle and elevation

bull What was the construction of the round used

bull What was the size of the subjectbull What was the expected point of impactbull What was the training of the shooter

127

Questions the Court will ASK

(1) Look at the conduct of other officers who were present andor participated in the actions

(2) The conduct of supervisors who may have authorized the actions of officers

128

Questions the Court will ASK

(1) Were the actions of the officers consistent with their training

(2) Was the training adequate and acceptable by contemporary standards

If the officers were not trained does it amountto deliberate indifference on the part of the

agency 129

Was the actions of the officer

bull A trained techniquebull Was it a dynamic application of

the trained techniquebull Was it an untrained technique

justified under the circumstances

130

Case Law

Know your laws

Graham v Connor 490 US 386 (1989)

a The US Supreme Court case that defined the standard under which excessive force claims would be judged

(1) The standard established was that of objective reasonableness(2) Prior to this the standard was police behavior that shocks the conscienceldquo

bIn this case the court redefined and set forth a less subjective standard

132Copyrighted by Dave Young

1990

City of Canton v Harris 489 US 378 109 S Ct 1197 (1989)

a In this case a woman was arrested and did not receive necessary medical attention after a shift commander was made aware of her condition and decided she did not need medical attention

b Although on the face the City of Canton policy addressed medical issues they were grossly negligent in that they did not provide the shift commanders with the proper training to make such decisions 133

Copyrighted by Dave Young 1990

City of Canton v Harris 489 US 378 109 S Ct 1197 (1989)

c There were many issues that emerged from this case however the primary issue was that of failure to train on the part of the city That negligence amounted to being deliberately in different to the rights of the plaintiff

The implications of Canton v Harris can also go beyond training issues however the burden of proving the Standard of deliberate indifference is on the plaintiff and not easy to prove

d Court Recommendation The duties that officers are assigned to perform must be accompanied with adequate training to perform that function

134Copyrighted by Dave Young

1990

ONeal v DeKalb County GA 850 F2d 653 (11th Cir 1988)

a A mental subject stabbed 7 people before being confronted by the police After repeatedly ordering the subject to drop the knife and lay on the floor the subject rushed the officers and was shot to death

b The court ruled that the use of deadly force instead of non-lethal force against a knife wielding suspect was not malicious or unreasonable therefore not actionable by the plaintiffs

135Copyrighted by Dave Young

1990

Plakas v Drinski 19 F3rd 1143 (7th Cir 1994) cert Denied 115 S Ct 81 (1994)

This case involved the shooting of a suspect who was

wielding a fire poker When the officer attempted to

arrest him he charged the officer with the fire poker and

was shot by police

(1)Plaintiffs who sued on behalf of the deceased claimed the officer did not use other means of force available to him at that time listing disabling chemical spray a police dog and distance

136Copyrighted by Dave Young

1990

Plakas v Drinski 19 F3rd 1143 (7th Cir 1994) cert Denied 115 SCt 81 (1994)

(2) The court stated ldquothat to permit every jury in this type of case to hear expert testimony that the defendant would have been uninjured if only the police had been able to use disabling gas or a capture net or a electrical device

(a)A municipality is liable because it failed to buy this equipment

(b)The Constitution does not enact a police administratorrsquos

equipment listlsquordquo

(c) The court ruled that there is no legal precedent that requires an officer to utilize alternatives to deadly force

137Copyrighted by Dave Young

1990

Davis v Mason County 927 F2d 1473 (9th Cir 1991)

aThe court ruled that the department had adequate training on the technical components of the use of force but did not have adequate training on the constitutional limits of the use of force in effecting arrests

138Copyrighted by Dave Young

1990

Davis v Mason County 927 F2d 1473 (9th Cir 1991)

b In other words the officers were trained on the how but not on the why and when the force is appropriate

c Court Recommendation Training should include confrontational scenarios of situations that require decision making then articulation by the officer as to the justification for the force used or not used

139Copyrighted by Dave Young

1990

Quezada v County of Bernalillo 944 F2d 710 (10th Cir 1991)

a The court ruled that an officer might be held liable for putting himself in a situation that requires him to use deadly force against an armed suicidal person

b This case involved an officer who left a position of cover to confront a suicidal subject

140Copyrighted by Dave Young

1990

141

Dave YoungFounder amp Director

ARMA Training

Website wwwarmatrainingcom772-913-1615

copyrighted by Dave Young 1994

Low Energybull Designed to deliver minimal energy to cause slight physical discomfort for pain compliance or mental distraction

44

High Energybull Designed to deliver enough energy to inflict blunt trauma to cause greater physical discomfort and possible incapacitation

45

Low Energy Roundsbull 37MM or 40MM Multiple Rubber

Balls (32 or 60 caliber) or Stinger Ball

bull 37MM or 40MM Multiple Foam Baton bull 40MM Spin Stabilized FoamSponge

Roundbull 12 Gauge Rubber Pellets ndash Marked

Low Velocity 46

47

3132 Caliber Stinger BallsAdditional Information

37mm or 40MM

Black Powder or Smokeless

3132 Caliber Ball (approx)

55 or 8 inch casings

48

4560 Cal Rubber Balls

Additional Information

3740MM

Approx 24 Rubber Balls

Average 325 FPS

49

Foam Baton Rounds

Additional Information 37mm or 40MM Black Powder or Smokeless 35 baton rounds - 55 or 8 inch casings

50

40MM Spin Stabilized Foam Rounds

Additional Information

40MM Sponge Round Smokeless Delivery System

48 inch casings Most accurate round to date Most reliable round

51

Hit with 40MM Spin Stabilized Round 45 feet from Barrel

Notice no rip or tear in clothing

52

Hit with 40 MM Sponge Round 30 feet from Barrel

Within 3 days of being hit

1 hours after being hit

Shooter Sgt Don WeiderLexington SCSheriffrsquos Office

53

Stinger Balls Additional Information

CS ndash CN Powder Filled Launched or Thrown 31 Caliber (approximately 180

RBrsquos)

15 Sec Time delay

54

12 Gauge Rubber Pellets

Description - Cartridge 12ga Sting Balltradereg

Type - Multiple Projectile Rubber Pellets

Velocity - 400 ftsec (Avg) Maximum Effective Range - 50 feetProjectiles - 18 (average)

High Energy Rounds 37 or 40MM Multiple Wooded Baton 37 or 40MM Multiple Rubber Baton 37 or 40MM Bean Bag round 40MM Spin Stabilized FoamSponge

Round 12 Gauge Single 4560 Cal Ball Round 12 Gauge Bean Bag Round

55

56

3740 MM Wooded Baton Rounds

3740 MM

55 or 8 Inch Casings

BlackSmokeless Powder

35 Baton Rounds

57

3740 MM Interlocking Rubber Baton

3740 MM

55 or 8 Inch Casings

BlackSmokeless Powder

35 Baton Rounds

58

3740 MM Mono Rubber Baton

3740 MM

55 or 8 Inch Casings

BlackSmokeless Powder

Single Baton Round

59

3740 MM Pen-Prevent or Super ldquoSOCrdquo Bean Bag Round

Additional Information

Black PowderSmokeless

Glass BeadsSilica Sand Lead Pelts

Aerodynamic or Non-Aerodynamic

60

40MM Spin Stabilized Foam Rounds

Additional Information 40MM Sponge Round Smokeless Delivery System 48 inch casing Most accurate round to date Special Nylon Casing

Only round which can be

effectively fired in all 5 ZONES

61

12 Gauge High Velocity - Rubber Pellets

Description - Cartridge 12ga Sting Balltrade HVreg

Type - Multiple Projectile Rubber Pellets

Velocity - 900 ftsec (Avg) Maximum Effective Range - 60 feet

Projectiles - 18 (average)

62

12 Gauge High Velocity - Tri-Dent 3 Rubber Ball

Description - Cartridge 12ga Sting Balltrade HVreg

Type - Multiple Projectile Rubber Balls

Velocity - 900 ftsec (Avg) Maximum Effective Range - 60 feet

Projectiles - 3

63

12 Gauge ldquoPen Preventrdquo Bean Bag Round

bull Projectile Weight - 40 gmbull Material - Shot filled Ballistic Fiber Reinforced flexible sock

bull Terminal Velocity - 280 fps (average) at 10 yardsreg

bull Accuracy - 4rdquo or better at 40 yards using a cylinder bore Remington 870

64

Categories of Rounds bull Flexible ndash Generally conforms to

surface it hits

bull Non-Flexible - Generally doesnrsquot conforms to surface it hits

bull Ridged ndash Generally shatters or bounces off surface it comes into contact with

65

Chapter 3

Angles of Fire

Angles of Fire Defined as the

aiming point with a

designated round for maximum accuracy

67

Direct Angle bull Direct ndash Directly aimed into the target area

68

TARGET

Indirect Anglebull Indirect ndash Skipped into the target area (Usually 3-6 feet based on terrain)

69

TARGET

Low Angle

bull Low Angle ndash Aimed just outside of point of aim point of impact distance

70

TARGET

High Angle

bull High Angle ndash Aimed in a high arch into target area

71

TARGET

Chapter 4

Cause and Effect

Cause amp Effect of Rounds

bull Mental - Discuss

bull Physical - Discuss

73

Mental Effectsbull Specialty Impact Munitions have a

tremendous MENTAL effect on an individual In many cases the mental effects may far outweigh the physical effects and be the determining factor in the subjectrsquos response or time of incapacitation or distraction ldquoA fear of being shotrdquo

74

Anxietybull The action of pointing a firearm directly at

an individual andor actually firing a projectile

bull The pain and at times the appearance of

the injury may reinforce this belief

bull Instructor Note Can be addressed through training

75

Fearbull Arouses connotations and a fear of having been

shot with a firearm SIMS may cause a powerful mental distraction

bull Mentally the subject must cope with the physiological pain that the body feels

bull Instructor Note Can be addressed through personal experience

76

Panicbull Panic is not a desirable response due to having

less control of the subject or crowd

bull The impact is likely to create fear which may create a fight or flight response

bull Crowds may scatter rendering the intended escape route useless

bull Instructor Note LEAST DESIREABLE RESPONSE

77

Chapter 5

Primary vs Secondary Injuries

Primary vs Secondary Injury

Primary Injury

bull An injury directly caused by the use of force tool use

80

Secondary Injurybull An injury indirectly caused by

the use of force tool use

bull Either from resistance from subject or another officer and or environmental surroundings

81

Flight of a projectile

bull Once leaving barrel seeks equal weight distribution ndash Pan Cakes Saucer Spin

bull Head Wind ndash Round May Dive or Risebull Tail Wind ndash Round may Float or Cork

Screwbull Cross Wind ndash ldquoJrdquo Turn

82

Projectile CalculationWhen the distance of the target

INCREASES it effects

Velocity + Accuracy + Impact = Injury

83

Projectile CalculationWhen the distance of the target

DECREASES it effects

Velocity + Accuracy + Impact = Injury

84

Chapter 6

Target areas when using SIM

Blunt Trauma vs

Penetration Trauma

Blunt Traumabull The MAXIMUM desired effect of an impact munitions is

BLUNT TRAUMA - an impact from an object that leaves the body surface intact but may cause sufficient (non-life threatening) injury to distract control or incapacitate the subject

Stinger Round Injury

Pepperball Injury

Stinger Round Injury87

Types of Blunt Trauma Injuries

bull Abrasions - Skimming the surface skin area

bull Contusions - Injury to the brain

bull Lacerations - Partially hitting the skin surface from the side cutting the surface

88

Continued Blunt Trauma Injuriesbull Fractures - Primary injury when

munition strikes target are directly

bull Secondary injury when munitions strikes target area and causes the body to fall striking another surface indirectly

bull Concussion - Glancing blows or missed target or Falling or collapsing of the subject 89

Penetration Traumabull The unintended and most

undesirable outcome of an SIMS is penetration

bull SIMrsquos can cause Death or serious bodily injury

90

PenetrationPuncture ndash Entering the body

at arsquo90 degree angle breaking

thesurface of the skin

91

Target Areas

Unable to use a striking color baton chart

because the chart was used to identify areas of the body for impact and

injuries for striking a human which is MUCH less

force then deploying Specially Impact

Munitions92

Meat amp Muscle Areas

bull Primary target areas that when striking the human body will cause mild to intense pain with NO LONG LASTING INJURY

93

Primary Target Area ndash the target area

consisting of large muscle groupsbull Buttocks bull Thigh amp Calvesbull Lower Abdominal Areabull BicepsTricepsbull Forearm area

94

Meat amp Bone Areasbull Secondary target areas that when striking the human body will cause mild to intense pain with MINOR to LONG LASTING INJURY

95

Secondary target areas are skeletal areas ndash

preferred - may result in fractures

bull Shoulderbull Kneesbull Anklesbull Wrists bull Elbows

96

Bone amp Sensitive Areasbull Last resort target areas that when

striking the human body will cause intense pain with long lasting injury which MAY RESULT IN SERIOUS BODILY HARM WHICH MAY RESULT IN DEATH

97

Last Resort Target Area ndash the target area when

maximum effectiveness is desired to meet a level of

threat escalating to deadly force justification

bull Head amp Throatbull Chest (center mass)bull Solar plexusbull Groinbull Spinebull Lower back

98

99

100

Clothing

1 In colder climates where heavier clothing and jackets are worn rounds with higher energy capabilities will be required

2 In a case where the subject is lightly dressed pay close attention to munitions selection shot placement and engagement distance

3 In detention facilities and during civil disturbances the subjects may pad themselves in order to defeat the effects of SIM

101

Physical Stature and Condition ndash Is the subject heavy musculature or thin and skeletal age

1 250-pound muscular individual will more than likely be physiologically effected less than a 100-pound individual when both are struck in the sametarget area by SIM

2 The blunt trauma effects and the potential for penetration are much greater for the smallerperson 102

37MM Foam Baton-15 feet=WHOHOW12 ga Rubber Pellets HV- 22 feet= WHOHOW40MM Bean Bag-34 feet=WHOHOW

213

90 to 140 lbs 131 to 185 lbs 186 to 220 lbs (220 to 350+)

103

Immediate Surroundings 1Is there any person in the immediate area who

maybe at risk of a deflected or missed shot

2Identify your target backstop and beyond

104

Chapter 7

Intervention Options

THE FORCE CONTINUUM ndash WHEN TO USE SIMrsquos

bull Ladder of Forcebull Force Continuumbull Circle of Forcebull Force Modularbull Escalation of Force

106

107

OFFICER PRESENCE

bull Uniform Badge bull Dedicated Weapon Displayed

bull On a Slingbull Port Arms bull Ready Carry Position

108

Presence

109

Verbal Commands

bull Please stand over there bull Please sit down on the chairbull Stop put your hands downbull Ending with ldquoDo it nowrdquobull Professional Tone amp Attitude

110

NON-Verbal

111

Verbalization

112

SOFT PHYSICAL TECHNIQUES

bull Slight touching or guiding contact

bull Cupping an elbow to escort Lightly grabbing an arm or shoulder

bull AIMING WEAPON113

Aiming WeaponFinger OFF

Trigger

114

HARD PHYSICAL TECHNIQUES

bull Limb Control Techniquesbull Takedown Ground Stabilizationbull Dynamic Countermeasuresbull Impact Techniquesbull Electrical Devicesbull Hand held impact weapons bull Specialty Impact Munitions

115

Firing the Weapon116

DEADLY FORCE

bull Impact Weaponsbull SIM ndash Changing Aiming Point

bull Neck Restraintbull Firearm

117

Transitioning to

firearm

118

Chapter 8

Documentation

Documentationbull Collect all munitions expended and photographed when practical

ndashEvery CasingndashMark Misfired or Damaged rounds 120

Documentation

bull An inventory of munitions used and not used should be noted

ndashWhat was issued and went out

ndashWhat was fired and misfiredndashWhat was lost and not recovered 121

Documentation

bull A report should be written detailing the order in which the events occurred and the police actions that were required

122

Documentation

bull Report the effectiveness of the various types of SIMrsquos and their delivery systems

ndashWhat did I fire that didnrsquot

ndashWhat did I fire that did123

Documentationbull Document any injuries sustained and property damage incurred

ndashInjuries to SubjectndashOfficersndashBystanders

124

Documentationbull After the crowd has dispersed it

is necessary to move rapidly into the target area to remove lingering groups and to prevent the crowd from regrouping and continuing illegal activity

ndashFollow ThroughndashSecuring the Area

125

LIABILITY ISSUES

The court will decide whether the actions of the officers were

(1)Consistent with the limits set forth by the constitution federal and state laws

(2)Consistent with departmental policy and procedures

(3)Consistent with training the officer received to handle such situations

126

5 Important Questions to ASK

bull What was the distance angle and elevation

bull What was the construction of the round used

bull What was the size of the subjectbull What was the expected point of impactbull What was the training of the shooter

127

Questions the Court will ASK

(1) Look at the conduct of other officers who were present andor participated in the actions

(2) The conduct of supervisors who may have authorized the actions of officers

128

Questions the Court will ASK

(1) Were the actions of the officers consistent with their training

(2) Was the training adequate and acceptable by contemporary standards

If the officers were not trained does it amountto deliberate indifference on the part of the

agency 129

Was the actions of the officer

bull A trained techniquebull Was it a dynamic application of

the trained techniquebull Was it an untrained technique

justified under the circumstances

130

Case Law

Know your laws

Graham v Connor 490 US 386 (1989)

a The US Supreme Court case that defined the standard under which excessive force claims would be judged

(1) The standard established was that of objective reasonableness(2) Prior to this the standard was police behavior that shocks the conscienceldquo

bIn this case the court redefined and set forth a less subjective standard

132Copyrighted by Dave Young

1990

City of Canton v Harris 489 US 378 109 S Ct 1197 (1989)

a In this case a woman was arrested and did not receive necessary medical attention after a shift commander was made aware of her condition and decided she did not need medical attention

b Although on the face the City of Canton policy addressed medical issues they were grossly negligent in that they did not provide the shift commanders with the proper training to make such decisions 133

Copyrighted by Dave Young 1990

City of Canton v Harris 489 US 378 109 S Ct 1197 (1989)

c There were many issues that emerged from this case however the primary issue was that of failure to train on the part of the city That negligence amounted to being deliberately in different to the rights of the plaintiff

The implications of Canton v Harris can also go beyond training issues however the burden of proving the Standard of deliberate indifference is on the plaintiff and not easy to prove

d Court Recommendation The duties that officers are assigned to perform must be accompanied with adequate training to perform that function

134Copyrighted by Dave Young

1990

ONeal v DeKalb County GA 850 F2d 653 (11th Cir 1988)

a A mental subject stabbed 7 people before being confronted by the police After repeatedly ordering the subject to drop the knife and lay on the floor the subject rushed the officers and was shot to death

b The court ruled that the use of deadly force instead of non-lethal force against a knife wielding suspect was not malicious or unreasonable therefore not actionable by the plaintiffs

135Copyrighted by Dave Young

1990

Plakas v Drinski 19 F3rd 1143 (7th Cir 1994) cert Denied 115 S Ct 81 (1994)

This case involved the shooting of a suspect who was

wielding a fire poker When the officer attempted to

arrest him he charged the officer with the fire poker and

was shot by police

(1)Plaintiffs who sued on behalf of the deceased claimed the officer did not use other means of force available to him at that time listing disabling chemical spray a police dog and distance

136Copyrighted by Dave Young

1990

Plakas v Drinski 19 F3rd 1143 (7th Cir 1994) cert Denied 115 SCt 81 (1994)

(2) The court stated ldquothat to permit every jury in this type of case to hear expert testimony that the defendant would have been uninjured if only the police had been able to use disabling gas or a capture net or a electrical device

(a)A municipality is liable because it failed to buy this equipment

(b)The Constitution does not enact a police administratorrsquos

equipment listlsquordquo

(c) The court ruled that there is no legal precedent that requires an officer to utilize alternatives to deadly force

137Copyrighted by Dave Young

1990

Davis v Mason County 927 F2d 1473 (9th Cir 1991)

aThe court ruled that the department had adequate training on the technical components of the use of force but did not have adequate training on the constitutional limits of the use of force in effecting arrests

138Copyrighted by Dave Young

1990

Davis v Mason County 927 F2d 1473 (9th Cir 1991)

b In other words the officers were trained on the how but not on the why and when the force is appropriate

c Court Recommendation Training should include confrontational scenarios of situations that require decision making then articulation by the officer as to the justification for the force used or not used

139Copyrighted by Dave Young

1990

Quezada v County of Bernalillo 944 F2d 710 (10th Cir 1991)

a The court ruled that an officer might be held liable for putting himself in a situation that requires him to use deadly force against an armed suicidal person

b This case involved an officer who left a position of cover to confront a suicidal subject

140Copyrighted by Dave Young

1990

141

Dave YoungFounder amp Director

ARMA Training

Website wwwarmatrainingcom772-913-1615

copyrighted by Dave Young 1994

High Energybull Designed to deliver enough energy to inflict blunt trauma to cause greater physical discomfort and possible incapacitation

45

Low Energy Roundsbull 37MM or 40MM Multiple Rubber

Balls (32 or 60 caliber) or Stinger Ball

bull 37MM or 40MM Multiple Foam Baton bull 40MM Spin Stabilized FoamSponge

Roundbull 12 Gauge Rubber Pellets ndash Marked

Low Velocity 46

47

3132 Caliber Stinger BallsAdditional Information

37mm or 40MM

Black Powder or Smokeless

3132 Caliber Ball (approx)

55 or 8 inch casings

48

4560 Cal Rubber Balls

Additional Information

3740MM

Approx 24 Rubber Balls

Average 325 FPS

49

Foam Baton Rounds

Additional Information 37mm or 40MM Black Powder or Smokeless 35 baton rounds - 55 or 8 inch casings

50

40MM Spin Stabilized Foam Rounds

Additional Information

40MM Sponge Round Smokeless Delivery System

48 inch casings Most accurate round to date Most reliable round

51

Hit with 40MM Spin Stabilized Round 45 feet from Barrel

Notice no rip or tear in clothing

52

Hit with 40 MM Sponge Round 30 feet from Barrel

Within 3 days of being hit

1 hours after being hit

Shooter Sgt Don WeiderLexington SCSheriffrsquos Office

53

Stinger Balls Additional Information

CS ndash CN Powder Filled Launched or Thrown 31 Caliber (approximately 180

RBrsquos)

15 Sec Time delay

54

12 Gauge Rubber Pellets

Description - Cartridge 12ga Sting Balltradereg

Type - Multiple Projectile Rubber Pellets

Velocity - 400 ftsec (Avg) Maximum Effective Range - 50 feetProjectiles - 18 (average)

High Energy Rounds 37 or 40MM Multiple Wooded Baton 37 or 40MM Multiple Rubber Baton 37 or 40MM Bean Bag round 40MM Spin Stabilized FoamSponge

Round 12 Gauge Single 4560 Cal Ball Round 12 Gauge Bean Bag Round

55

56

3740 MM Wooded Baton Rounds

3740 MM

55 or 8 Inch Casings

BlackSmokeless Powder

35 Baton Rounds

57

3740 MM Interlocking Rubber Baton

3740 MM

55 or 8 Inch Casings

BlackSmokeless Powder

35 Baton Rounds

58

3740 MM Mono Rubber Baton

3740 MM

55 or 8 Inch Casings

BlackSmokeless Powder

Single Baton Round

59

3740 MM Pen-Prevent or Super ldquoSOCrdquo Bean Bag Round

Additional Information

Black PowderSmokeless

Glass BeadsSilica Sand Lead Pelts

Aerodynamic or Non-Aerodynamic

60

40MM Spin Stabilized Foam Rounds

Additional Information 40MM Sponge Round Smokeless Delivery System 48 inch casing Most accurate round to date Special Nylon Casing

Only round which can be

effectively fired in all 5 ZONES

61

12 Gauge High Velocity - Rubber Pellets

Description - Cartridge 12ga Sting Balltrade HVreg

Type - Multiple Projectile Rubber Pellets

Velocity - 900 ftsec (Avg) Maximum Effective Range - 60 feet

Projectiles - 18 (average)

62

12 Gauge High Velocity - Tri-Dent 3 Rubber Ball

Description - Cartridge 12ga Sting Balltrade HVreg

Type - Multiple Projectile Rubber Balls

Velocity - 900 ftsec (Avg) Maximum Effective Range - 60 feet

Projectiles - 3

63

12 Gauge ldquoPen Preventrdquo Bean Bag Round

bull Projectile Weight - 40 gmbull Material - Shot filled Ballistic Fiber Reinforced flexible sock

bull Terminal Velocity - 280 fps (average) at 10 yardsreg

bull Accuracy - 4rdquo or better at 40 yards using a cylinder bore Remington 870

64

Categories of Rounds bull Flexible ndash Generally conforms to

surface it hits

bull Non-Flexible - Generally doesnrsquot conforms to surface it hits

bull Ridged ndash Generally shatters or bounces off surface it comes into contact with

65

Chapter 3

Angles of Fire

Angles of Fire Defined as the

aiming point with a

designated round for maximum accuracy

67

Direct Angle bull Direct ndash Directly aimed into the target area

68

TARGET

Indirect Anglebull Indirect ndash Skipped into the target area (Usually 3-6 feet based on terrain)

69

TARGET

Low Angle

bull Low Angle ndash Aimed just outside of point of aim point of impact distance

70

TARGET

High Angle

bull High Angle ndash Aimed in a high arch into target area

71

TARGET

Chapter 4

Cause and Effect

Cause amp Effect of Rounds

bull Mental - Discuss

bull Physical - Discuss

73

Mental Effectsbull Specialty Impact Munitions have a

tremendous MENTAL effect on an individual In many cases the mental effects may far outweigh the physical effects and be the determining factor in the subjectrsquos response or time of incapacitation or distraction ldquoA fear of being shotrdquo

74

Anxietybull The action of pointing a firearm directly at

an individual andor actually firing a projectile

bull The pain and at times the appearance of

the injury may reinforce this belief

bull Instructor Note Can be addressed through training

75

Fearbull Arouses connotations and a fear of having been

shot with a firearm SIMS may cause a powerful mental distraction

bull Mentally the subject must cope with the physiological pain that the body feels

bull Instructor Note Can be addressed through personal experience

76

Panicbull Panic is not a desirable response due to having

less control of the subject or crowd

bull The impact is likely to create fear which may create a fight or flight response

bull Crowds may scatter rendering the intended escape route useless

bull Instructor Note LEAST DESIREABLE RESPONSE

77

Chapter 5

Primary vs Secondary Injuries

Primary vs Secondary Injury

Primary Injury

bull An injury directly caused by the use of force tool use

80

Secondary Injurybull An injury indirectly caused by

the use of force tool use

bull Either from resistance from subject or another officer and or environmental surroundings

81

Flight of a projectile

bull Once leaving barrel seeks equal weight distribution ndash Pan Cakes Saucer Spin

bull Head Wind ndash Round May Dive or Risebull Tail Wind ndash Round may Float or Cork

Screwbull Cross Wind ndash ldquoJrdquo Turn

82

Projectile CalculationWhen the distance of the target

INCREASES it effects

Velocity + Accuracy + Impact = Injury

83

Projectile CalculationWhen the distance of the target

DECREASES it effects

Velocity + Accuracy + Impact = Injury

84

Chapter 6

Target areas when using SIM

Blunt Trauma vs

Penetration Trauma

Blunt Traumabull The MAXIMUM desired effect of an impact munitions is

BLUNT TRAUMA - an impact from an object that leaves the body surface intact but may cause sufficient (non-life threatening) injury to distract control or incapacitate the subject

Stinger Round Injury

Pepperball Injury

Stinger Round Injury87

Types of Blunt Trauma Injuries

bull Abrasions - Skimming the surface skin area

bull Contusions - Injury to the brain

bull Lacerations - Partially hitting the skin surface from the side cutting the surface

88

Continued Blunt Trauma Injuriesbull Fractures - Primary injury when

munition strikes target are directly

bull Secondary injury when munitions strikes target area and causes the body to fall striking another surface indirectly

bull Concussion - Glancing blows or missed target or Falling or collapsing of the subject 89

Penetration Traumabull The unintended and most

undesirable outcome of an SIMS is penetration

bull SIMrsquos can cause Death or serious bodily injury

90

PenetrationPuncture ndash Entering the body

at arsquo90 degree angle breaking

thesurface of the skin

91

Target Areas

Unable to use a striking color baton chart

because the chart was used to identify areas of the body for impact and

injuries for striking a human which is MUCH less

force then deploying Specially Impact

Munitions92

Meat amp Muscle Areas

bull Primary target areas that when striking the human body will cause mild to intense pain with NO LONG LASTING INJURY

93

Primary Target Area ndash the target area

consisting of large muscle groupsbull Buttocks bull Thigh amp Calvesbull Lower Abdominal Areabull BicepsTricepsbull Forearm area

94

Meat amp Bone Areasbull Secondary target areas that when striking the human body will cause mild to intense pain with MINOR to LONG LASTING INJURY

95

Secondary target areas are skeletal areas ndash

preferred - may result in fractures

bull Shoulderbull Kneesbull Anklesbull Wrists bull Elbows

96

Bone amp Sensitive Areasbull Last resort target areas that when

striking the human body will cause intense pain with long lasting injury which MAY RESULT IN SERIOUS BODILY HARM WHICH MAY RESULT IN DEATH

97

Last Resort Target Area ndash the target area when

maximum effectiveness is desired to meet a level of

threat escalating to deadly force justification

bull Head amp Throatbull Chest (center mass)bull Solar plexusbull Groinbull Spinebull Lower back

98

99

100

Clothing

1 In colder climates where heavier clothing and jackets are worn rounds with higher energy capabilities will be required

2 In a case where the subject is lightly dressed pay close attention to munitions selection shot placement and engagement distance

3 In detention facilities and during civil disturbances the subjects may pad themselves in order to defeat the effects of SIM

101

Physical Stature and Condition ndash Is the subject heavy musculature or thin and skeletal age

1 250-pound muscular individual will more than likely be physiologically effected less than a 100-pound individual when both are struck in the sametarget area by SIM

2 The blunt trauma effects and the potential for penetration are much greater for the smallerperson 102

37MM Foam Baton-15 feet=WHOHOW12 ga Rubber Pellets HV- 22 feet= WHOHOW40MM Bean Bag-34 feet=WHOHOW

213

90 to 140 lbs 131 to 185 lbs 186 to 220 lbs (220 to 350+)

103

Immediate Surroundings 1Is there any person in the immediate area who

maybe at risk of a deflected or missed shot

2Identify your target backstop and beyond

104

Chapter 7

Intervention Options

THE FORCE CONTINUUM ndash WHEN TO USE SIMrsquos

bull Ladder of Forcebull Force Continuumbull Circle of Forcebull Force Modularbull Escalation of Force

106

107

OFFICER PRESENCE

bull Uniform Badge bull Dedicated Weapon Displayed

bull On a Slingbull Port Arms bull Ready Carry Position

108

Presence

109

Verbal Commands

bull Please stand over there bull Please sit down on the chairbull Stop put your hands downbull Ending with ldquoDo it nowrdquobull Professional Tone amp Attitude

110

NON-Verbal

111

Verbalization

112

SOFT PHYSICAL TECHNIQUES

bull Slight touching or guiding contact

bull Cupping an elbow to escort Lightly grabbing an arm or shoulder

bull AIMING WEAPON113

Aiming WeaponFinger OFF

Trigger

114

HARD PHYSICAL TECHNIQUES

bull Limb Control Techniquesbull Takedown Ground Stabilizationbull Dynamic Countermeasuresbull Impact Techniquesbull Electrical Devicesbull Hand held impact weapons bull Specialty Impact Munitions

115

Firing the Weapon116

DEADLY FORCE

bull Impact Weaponsbull SIM ndash Changing Aiming Point

bull Neck Restraintbull Firearm

117

Transitioning to

firearm

118

Chapter 8

Documentation

Documentationbull Collect all munitions expended and photographed when practical

ndashEvery CasingndashMark Misfired or Damaged rounds 120

Documentation

bull An inventory of munitions used and not used should be noted

ndashWhat was issued and went out

ndashWhat was fired and misfiredndashWhat was lost and not recovered 121

Documentation

bull A report should be written detailing the order in which the events occurred and the police actions that were required

122

Documentation

bull Report the effectiveness of the various types of SIMrsquos and their delivery systems

ndashWhat did I fire that didnrsquot

ndashWhat did I fire that did123

Documentationbull Document any injuries sustained and property damage incurred

ndashInjuries to SubjectndashOfficersndashBystanders

124

Documentationbull After the crowd has dispersed it

is necessary to move rapidly into the target area to remove lingering groups and to prevent the crowd from regrouping and continuing illegal activity

ndashFollow ThroughndashSecuring the Area

125

LIABILITY ISSUES

The court will decide whether the actions of the officers were

(1)Consistent with the limits set forth by the constitution federal and state laws

(2)Consistent with departmental policy and procedures

(3)Consistent with training the officer received to handle such situations

126

5 Important Questions to ASK

bull What was the distance angle and elevation

bull What was the construction of the round used

bull What was the size of the subjectbull What was the expected point of impactbull What was the training of the shooter

127

Questions the Court will ASK

(1) Look at the conduct of other officers who were present andor participated in the actions

(2) The conduct of supervisors who may have authorized the actions of officers

128

Questions the Court will ASK

(1) Were the actions of the officers consistent with their training

(2) Was the training adequate and acceptable by contemporary standards

If the officers were not trained does it amountto deliberate indifference on the part of the

agency 129

Was the actions of the officer

bull A trained techniquebull Was it a dynamic application of

the trained techniquebull Was it an untrained technique

justified under the circumstances

130

Case Law

Know your laws

Graham v Connor 490 US 386 (1989)

a The US Supreme Court case that defined the standard under which excessive force claims would be judged

(1) The standard established was that of objective reasonableness(2) Prior to this the standard was police behavior that shocks the conscienceldquo

bIn this case the court redefined and set forth a less subjective standard

132Copyrighted by Dave Young

1990

City of Canton v Harris 489 US 378 109 S Ct 1197 (1989)

a In this case a woman was arrested and did not receive necessary medical attention after a shift commander was made aware of her condition and decided she did not need medical attention

b Although on the face the City of Canton policy addressed medical issues they were grossly negligent in that they did not provide the shift commanders with the proper training to make such decisions 133

Copyrighted by Dave Young 1990

City of Canton v Harris 489 US 378 109 S Ct 1197 (1989)

c There were many issues that emerged from this case however the primary issue was that of failure to train on the part of the city That negligence amounted to being deliberately in different to the rights of the plaintiff

The implications of Canton v Harris can also go beyond training issues however the burden of proving the Standard of deliberate indifference is on the plaintiff and not easy to prove

d Court Recommendation The duties that officers are assigned to perform must be accompanied with adequate training to perform that function

134Copyrighted by Dave Young

1990

ONeal v DeKalb County GA 850 F2d 653 (11th Cir 1988)

a A mental subject stabbed 7 people before being confronted by the police After repeatedly ordering the subject to drop the knife and lay on the floor the subject rushed the officers and was shot to death

b The court ruled that the use of deadly force instead of non-lethal force against a knife wielding suspect was not malicious or unreasonable therefore not actionable by the plaintiffs

135Copyrighted by Dave Young

1990

Plakas v Drinski 19 F3rd 1143 (7th Cir 1994) cert Denied 115 S Ct 81 (1994)

This case involved the shooting of a suspect who was

wielding a fire poker When the officer attempted to

arrest him he charged the officer with the fire poker and

was shot by police

(1)Plaintiffs who sued on behalf of the deceased claimed the officer did not use other means of force available to him at that time listing disabling chemical spray a police dog and distance

136Copyrighted by Dave Young

1990

Plakas v Drinski 19 F3rd 1143 (7th Cir 1994) cert Denied 115 SCt 81 (1994)

(2) The court stated ldquothat to permit every jury in this type of case to hear expert testimony that the defendant would have been uninjured if only the police had been able to use disabling gas or a capture net or a electrical device

(a)A municipality is liable because it failed to buy this equipment

(b)The Constitution does not enact a police administratorrsquos

equipment listlsquordquo

(c) The court ruled that there is no legal precedent that requires an officer to utilize alternatives to deadly force

137Copyrighted by Dave Young

1990

Davis v Mason County 927 F2d 1473 (9th Cir 1991)

aThe court ruled that the department had adequate training on the technical components of the use of force but did not have adequate training on the constitutional limits of the use of force in effecting arrests

138Copyrighted by Dave Young

1990

Davis v Mason County 927 F2d 1473 (9th Cir 1991)

b In other words the officers were trained on the how but not on the why and when the force is appropriate

c Court Recommendation Training should include confrontational scenarios of situations that require decision making then articulation by the officer as to the justification for the force used or not used

139Copyrighted by Dave Young

1990

Quezada v County of Bernalillo 944 F2d 710 (10th Cir 1991)

a The court ruled that an officer might be held liable for putting himself in a situation that requires him to use deadly force against an armed suicidal person

b This case involved an officer who left a position of cover to confront a suicidal subject

140Copyrighted by Dave Young

1990

141

Dave YoungFounder amp Director

ARMA Training

Website wwwarmatrainingcom772-913-1615

copyrighted by Dave Young 1994

Low Energy Roundsbull 37MM or 40MM Multiple Rubber

Balls (32 or 60 caliber) or Stinger Ball

bull 37MM or 40MM Multiple Foam Baton bull 40MM Spin Stabilized FoamSponge

Roundbull 12 Gauge Rubber Pellets ndash Marked

Low Velocity 46

47

3132 Caliber Stinger BallsAdditional Information

37mm or 40MM

Black Powder or Smokeless

3132 Caliber Ball (approx)

55 or 8 inch casings

48

4560 Cal Rubber Balls

Additional Information

3740MM

Approx 24 Rubber Balls

Average 325 FPS

49

Foam Baton Rounds

Additional Information 37mm or 40MM Black Powder or Smokeless 35 baton rounds - 55 or 8 inch casings

50

40MM Spin Stabilized Foam Rounds

Additional Information

40MM Sponge Round Smokeless Delivery System

48 inch casings Most accurate round to date Most reliable round

51

Hit with 40MM Spin Stabilized Round 45 feet from Barrel

Notice no rip or tear in clothing

52

Hit with 40 MM Sponge Round 30 feet from Barrel

Within 3 days of being hit

1 hours after being hit

Shooter Sgt Don WeiderLexington SCSheriffrsquos Office

53

Stinger Balls Additional Information

CS ndash CN Powder Filled Launched or Thrown 31 Caliber (approximately 180

RBrsquos)

15 Sec Time delay

54

12 Gauge Rubber Pellets

Description - Cartridge 12ga Sting Balltradereg

Type - Multiple Projectile Rubber Pellets

Velocity - 400 ftsec (Avg) Maximum Effective Range - 50 feetProjectiles - 18 (average)

High Energy Rounds 37 or 40MM Multiple Wooded Baton 37 or 40MM Multiple Rubber Baton 37 or 40MM Bean Bag round 40MM Spin Stabilized FoamSponge

Round 12 Gauge Single 4560 Cal Ball Round 12 Gauge Bean Bag Round

55

56

3740 MM Wooded Baton Rounds

3740 MM

55 or 8 Inch Casings

BlackSmokeless Powder

35 Baton Rounds

57

3740 MM Interlocking Rubber Baton

3740 MM

55 or 8 Inch Casings

BlackSmokeless Powder

35 Baton Rounds

58

3740 MM Mono Rubber Baton

3740 MM

55 or 8 Inch Casings

BlackSmokeless Powder

Single Baton Round

59

3740 MM Pen-Prevent or Super ldquoSOCrdquo Bean Bag Round

Additional Information

Black PowderSmokeless

Glass BeadsSilica Sand Lead Pelts

Aerodynamic or Non-Aerodynamic

60

40MM Spin Stabilized Foam Rounds

Additional Information 40MM Sponge Round Smokeless Delivery System 48 inch casing Most accurate round to date Special Nylon Casing

Only round which can be

effectively fired in all 5 ZONES

61

12 Gauge High Velocity - Rubber Pellets

Description - Cartridge 12ga Sting Balltrade HVreg

Type - Multiple Projectile Rubber Pellets

Velocity - 900 ftsec (Avg) Maximum Effective Range - 60 feet

Projectiles - 18 (average)

62

12 Gauge High Velocity - Tri-Dent 3 Rubber Ball

Description - Cartridge 12ga Sting Balltrade HVreg

Type - Multiple Projectile Rubber Balls

Velocity - 900 ftsec (Avg) Maximum Effective Range - 60 feet

Projectiles - 3

63

12 Gauge ldquoPen Preventrdquo Bean Bag Round

bull Projectile Weight - 40 gmbull Material - Shot filled Ballistic Fiber Reinforced flexible sock

bull Terminal Velocity - 280 fps (average) at 10 yardsreg

bull Accuracy - 4rdquo or better at 40 yards using a cylinder bore Remington 870

64

Categories of Rounds bull Flexible ndash Generally conforms to

surface it hits

bull Non-Flexible - Generally doesnrsquot conforms to surface it hits

bull Ridged ndash Generally shatters or bounces off surface it comes into contact with

65

Chapter 3

Angles of Fire

Angles of Fire Defined as the

aiming point with a

designated round for maximum accuracy

67

Direct Angle bull Direct ndash Directly aimed into the target area

68

TARGET

Indirect Anglebull Indirect ndash Skipped into the target area (Usually 3-6 feet based on terrain)

69

TARGET

Low Angle

bull Low Angle ndash Aimed just outside of point of aim point of impact distance

70

TARGET

High Angle

bull High Angle ndash Aimed in a high arch into target area

71

TARGET

Chapter 4

Cause and Effect

Cause amp Effect of Rounds

bull Mental - Discuss

bull Physical - Discuss

73

Mental Effectsbull Specialty Impact Munitions have a

tremendous MENTAL effect on an individual In many cases the mental effects may far outweigh the physical effects and be the determining factor in the subjectrsquos response or time of incapacitation or distraction ldquoA fear of being shotrdquo

74

Anxietybull The action of pointing a firearm directly at

an individual andor actually firing a projectile

bull The pain and at times the appearance of

the injury may reinforce this belief

bull Instructor Note Can be addressed through training

75

Fearbull Arouses connotations and a fear of having been

shot with a firearm SIMS may cause a powerful mental distraction

bull Mentally the subject must cope with the physiological pain that the body feels

bull Instructor Note Can be addressed through personal experience

76

Panicbull Panic is not a desirable response due to having

less control of the subject or crowd

bull The impact is likely to create fear which may create a fight or flight response

bull Crowds may scatter rendering the intended escape route useless

bull Instructor Note LEAST DESIREABLE RESPONSE

77

Chapter 5

Primary vs Secondary Injuries

Primary vs Secondary Injury

Primary Injury

bull An injury directly caused by the use of force tool use

80

Secondary Injurybull An injury indirectly caused by

the use of force tool use

bull Either from resistance from subject or another officer and or environmental surroundings

81

Flight of a projectile

bull Once leaving barrel seeks equal weight distribution ndash Pan Cakes Saucer Spin

bull Head Wind ndash Round May Dive or Risebull Tail Wind ndash Round may Float or Cork

Screwbull Cross Wind ndash ldquoJrdquo Turn

82

Projectile CalculationWhen the distance of the target

INCREASES it effects

Velocity + Accuracy + Impact = Injury

83

Projectile CalculationWhen the distance of the target

DECREASES it effects

Velocity + Accuracy + Impact = Injury

84

Chapter 6

Target areas when using SIM

Blunt Trauma vs

Penetration Trauma

Blunt Traumabull The MAXIMUM desired effect of an impact munitions is

BLUNT TRAUMA - an impact from an object that leaves the body surface intact but may cause sufficient (non-life threatening) injury to distract control or incapacitate the subject

Stinger Round Injury

Pepperball Injury

Stinger Round Injury87

Types of Blunt Trauma Injuries

bull Abrasions - Skimming the surface skin area

bull Contusions - Injury to the brain

bull Lacerations - Partially hitting the skin surface from the side cutting the surface

88

Continued Blunt Trauma Injuriesbull Fractures - Primary injury when

munition strikes target are directly

bull Secondary injury when munitions strikes target area and causes the body to fall striking another surface indirectly

bull Concussion - Glancing blows or missed target or Falling or collapsing of the subject 89

Penetration Traumabull The unintended and most

undesirable outcome of an SIMS is penetration

bull SIMrsquos can cause Death or serious bodily injury

90

PenetrationPuncture ndash Entering the body

at arsquo90 degree angle breaking

thesurface of the skin

91

Target Areas

Unable to use a striking color baton chart

because the chart was used to identify areas of the body for impact and

injuries for striking a human which is MUCH less

force then deploying Specially Impact

Munitions92

Meat amp Muscle Areas

bull Primary target areas that when striking the human body will cause mild to intense pain with NO LONG LASTING INJURY

93

Primary Target Area ndash the target area

consisting of large muscle groupsbull Buttocks bull Thigh amp Calvesbull Lower Abdominal Areabull BicepsTricepsbull Forearm area

94

Meat amp Bone Areasbull Secondary target areas that when striking the human body will cause mild to intense pain with MINOR to LONG LASTING INJURY

95

Secondary target areas are skeletal areas ndash

preferred - may result in fractures

bull Shoulderbull Kneesbull Anklesbull Wrists bull Elbows

96

Bone amp Sensitive Areasbull Last resort target areas that when

striking the human body will cause intense pain with long lasting injury which MAY RESULT IN SERIOUS BODILY HARM WHICH MAY RESULT IN DEATH

97

Last Resort Target Area ndash the target area when

maximum effectiveness is desired to meet a level of

threat escalating to deadly force justification

bull Head amp Throatbull Chest (center mass)bull Solar plexusbull Groinbull Spinebull Lower back

98

99

100

Clothing

1 In colder climates where heavier clothing and jackets are worn rounds with higher energy capabilities will be required

2 In a case where the subject is lightly dressed pay close attention to munitions selection shot placement and engagement distance

3 In detention facilities and during civil disturbances the subjects may pad themselves in order to defeat the effects of SIM

101

Physical Stature and Condition ndash Is the subject heavy musculature or thin and skeletal age

1 250-pound muscular individual will more than likely be physiologically effected less than a 100-pound individual when both are struck in the sametarget area by SIM

2 The blunt trauma effects and the potential for penetration are much greater for the smallerperson 102

37MM Foam Baton-15 feet=WHOHOW12 ga Rubber Pellets HV- 22 feet= WHOHOW40MM Bean Bag-34 feet=WHOHOW

213

90 to 140 lbs 131 to 185 lbs 186 to 220 lbs (220 to 350+)

103

Immediate Surroundings 1Is there any person in the immediate area who

maybe at risk of a deflected or missed shot

2Identify your target backstop and beyond

104

Chapter 7

Intervention Options

THE FORCE CONTINUUM ndash WHEN TO USE SIMrsquos

bull Ladder of Forcebull Force Continuumbull Circle of Forcebull Force Modularbull Escalation of Force

106

107

OFFICER PRESENCE

bull Uniform Badge bull Dedicated Weapon Displayed

bull On a Slingbull Port Arms bull Ready Carry Position

108

Presence

109

Verbal Commands

bull Please stand over there bull Please sit down on the chairbull Stop put your hands downbull Ending with ldquoDo it nowrdquobull Professional Tone amp Attitude

110

NON-Verbal

111

Verbalization

112

SOFT PHYSICAL TECHNIQUES

bull Slight touching or guiding contact

bull Cupping an elbow to escort Lightly grabbing an arm or shoulder

bull AIMING WEAPON113

Aiming WeaponFinger OFF

Trigger

114

HARD PHYSICAL TECHNIQUES

bull Limb Control Techniquesbull Takedown Ground Stabilizationbull Dynamic Countermeasuresbull Impact Techniquesbull Electrical Devicesbull Hand held impact weapons bull Specialty Impact Munitions

115

Firing the Weapon116

DEADLY FORCE

bull Impact Weaponsbull SIM ndash Changing Aiming Point

bull Neck Restraintbull Firearm

117

Transitioning to

firearm

118

Chapter 8

Documentation

Documentationbull Collect all munitions expended and photographed when practical

ndashEvery CasingndashMark Misfired or Damaged rounds 120

Documentation

bull An inventory of munitions used and not used should be noted

ndashWhat was issued and went out

ndashWhat was fired and misfiredndashWhat was lost and not recovered 121

Documentation

bull A report should be written detailing the order in which the events occurred and the police actions that were required

122

Documentation

bull Report the effectiveness of the various types of SIMrsquos and their delivery systems

ndashWhat did I fire that didnrsquot

ndashWhat did I fire that did123

Documentationbull Document any injuries sustained and property damage incurred

ndashInjuries to SubjectndashOfficersndashBystanders

124

Documentationbull After the crowd has dispersed it

is necessary to move rapidly into the target area to remove lingering groups and to prevent the crowd from regrouping and continuing illegal activity

ndashFollow ThroughndashSecuring the Area

125

LIABILITY ISSUES

The court will decide whether the actions of the officers were

(1)Consistent with the limits set forth by the constitution federal and state laws

(2)Consistent with departmental policy and procedures

(3)Consistent with training the officer received to handle such situations

126

5 Important Questions to ASK

bull What was the distance angle and elevation

bull What was the construction of the round used

bull What was the size of the subjectbull What was the expected point of impactbull What was the training of the shooter

127

Questions the Court will ASK

(1) Look at the conduct of other officers who were present andor participated in the actions

(2) The conduct of supervisors who may have authorized the actions of officers

128

Questions the Court will ASK

(1) Were the actions of the officers consistent with their training

(2) Was the training adequate and acceptable by contemporary standards

If the officers were not trained does it amountto deliberate indifference on the part of the

agency 129

Was the actions of the officer

bull A trained techniquebull Was it a dynamic application of

the trained techniquebull Was it an untrained technique

justified under the circumstances

130

Case Law

Know your laws

Graham v Connor 490 US 386 (1989)

a The US Supreme Court case that defined the standard under which excessive force claims would be judged

(1) The standard established was that of objective reasonableness(2) Prior to this the standard was police behavior that shocks the conscienceldquo

bIn this case the court redefined and set forth a less subjective standard

132Copyrighted by Dave Young

1990

City of Canton v Harris 489 US 378 109 S Ct 1197 (1989)

a In this case a woman was arrested and did not receive necessary medical attention after a shift commander was made aware of her condition and decided she did not need medical attention

b Although on the face the City of Canton policy addressed medical issues they were grossly negligent in that they did not provide the shift commanders with the proper training to make such decisions 133

Copyrighted by Dave Young 1990

City of Canton v Harris 489 US 378 109 S Ct 1197 (1989)

c There were many issues that emerged from this case however the primary issue was that of failure to train on the part of the city That negligence amounted to being deliberately in different to the rights of the plaintiff

The implications of Canton v Harris can also go beyond training issues however the burden of proving the Standard of deliberate indifference is on the plaintiff and not easy to prove

d Court Recommendation The duties that officers are assigned to perform must be accompanied with adequate training to perform that function

134Copyrighted by Dave Young

1990

ONeal v DeKalb County GA 850 F2d 653 (11th Cir 1988)

a A mental subject stabbed 7 people before being confronted by the police After repeatedly ordering the subject to drop the knife and lay on the floor the subject rushed the officers and was shot to death

b The court ruled that the use of deadly force instead of non-lethal force against a knife wielding suspect was not malicious or unreasonable therefore not actionable by the plaintiffs

135Copyrighted by Dave Young

1990

Plakas v Drinski 19 F3rd 1143 (7th Cir 1994) cert Denied 115 S Ct 81 (1994)

This case involved the shooting of a suspect who was

wielding a fire poker When the officer attempted to

arrest him he charged the officer with the fire poker and

was shot by police

(1)Plaintiffs who sued on behalf of the deceased claimed the officer did not use other means of force available to him at that time listing disabling chemical spray a police dog and distance

136Copyrighted by Dave Young

1990

Plakas v Drinski 19 F3rd 1143 (7th Cir 1994) cert Denied 115 SCt 81 (1994)

(2) The court stated ldquothat to permit every jury in this type of case to hear expert testimony that the defendant would have been uninjured if only the police had been able to use disabling gas or a capture net or a electrical device

(a)A municipality is liable because it failed to buy this equipment

(b)The Constitution does not enact a police administratorrsquos

equipment listlsquordquo

(c) The court ruled that there is no legal precedent that requires an officer to utilize alternatives to deadly force

137Copyrighted by Dave Young

1990

Davis v Mason County 927 F2d 1473 (9th Cir 1991)

aThe court ruled that the department had adequate training on the technical components of the use of force but did not have adequate training on the constitutional limits of the use of force in effecting arrests

138Copyrighted by Dave Young

1990

Davis v Mason County 927 F2d 1473 (9th Cir 1991)

b In other words the officers were trained on the how but not on the why and when the force is appropriate

c Court Recommendation Training should include confrontational scenarios of situations that require decision making then articulation by the officer as to the justification for the force used or not used

139Copyrighted by Dave Young

1990

Quezada v County of Bernalillo 944 F2d 710 (10th Cir 1991)

a The court ruled that an officer might be held liable for putting himself in a situation that requires him to use deadly force against an armed suicidal person

b This case involved an officer who left a position of cover to confront a suicidal subject

140Copyrighted by Dave Young

1990

141

Dave YoungFounder amp Director

ARMA Training

Website wwwarmatrainingcom772-913-1615

copyrighted by Dave Young 1994

47

3132 Caliber Stinger BallsAdditional Information

37mm or 40MM

Black Powder or Smokeless

3132 Caliber Ball (approx)

55 or 8 inch casings

48

4560 Cal Rubber Balls

Additional Information

3740MM

Approx 24 Rubber Balls

Average 325 FPS

49

Foam Baton Rounds

Additional Information 37mm or 40MM Black Powder or Smokeless 35 baton rounds - 55 or 8 inch casings

50

40MM Spin Stabilized Foam Rounds

Additional Information

40MM Sponge Round Smokeless Delivery System

48 inch casings Most accurate round to date Most reliable round

51

Hit with 40MM Spin Stabilized Round 45 feet from Barrel

Notice no rip or tear in clothing

52

Hit with 40 MM Sponge Round 30 feet from Barrel

Within 3 days of being hit

1 hours after being hit

Shooter Sgt Don WeiderLexington SCSheriffrsquos Office

53

Stinger Balls Additional Information

CS ndash CN Powder Filled Launched or Thrown 31 Caliber (approximately 180

RBrsquos)

15 Sec Time delay

54

12 Gauge Rubber Pellets

Description - Cartridge 12ga Sting Balltradereg

Type - Multiple Projectile Rubber Pellets

Velocity - 400 ftsec (Avg) Maximum Effective Range - 50 feetProjectiles - 18 (average)

High Energy Rounds 37 or 40MM Multiple Wooded Baton 37 or 40MM Multiple Rubber Baton 37 or 40MM Bean Bag round 40MM Spin Stabilized FoamSponge

Round 12 Gauge Single 4560 Cal Ball Round 12 Gauge Bean Bag Round

55

56

3740 MM Wooded Baton Rounds

3740 MM

55 or 8 Inch Casings

BlackSmokeless Powder

35 Baton Rounds

57

3740 MM Interlocking Rubber Baton

3740 MM

55 or 8 Inch Casings

BlackSmokeless Powder

35 Baton Rounds

58

3740 MM Mono Rubber Baton

3740 MM

55 or 8 Inch Casings

BlackSmokeless Powder

Single Baton Round

59

3740 MM Pen-Prevent or Super ldquoSOCrdquo Bean Bag Round

Additional Information

Black PowderSmokeless

Glass BeadsSilica Sand Lead Pelts

Aerodynamic or Non-Aerodynamic

60

40MM Spin Stabilized Foam Rounds

Additional Information 40MM Sponge Round Smokeless Delivery System 48 inch casing Most accurate round to date Special Nylon Casing

Only round which can be

effectively fired in all 5 ZONES

61

12 Gauge High Velocity - Rubber Pellets

Description - Cartridge 12ga Sting Balltrade HVreg

Type - Multiple Projectile Rubber Pellets

Velocity - 900 ftsec (Avg) Maximum Effective Range - 60 feet

Projectiles - 18 (average)

62

12 Gauge High Velocity - Tri-Dent 3 Rubber Ball

Description - Cartridge 12ga Sting Balltrade HVreg

Type - Multiple Projectile Rubber Balls

Velocity - 900 ftsec (Avg) Maximum Effective Range - 60 feet

Projectiles - 3

63

12 Gauge ldquoPen Preventrdquo Bean Bag Round

bull Projectile Weight - 40 gmbull Material - Shot filled Ballistic Fiber Reinforced flexible sock

bull Terminal Velocity - 280 fps (average) at 10 yardsreg

bull Accuracy - 4rdquo or better at 40 yards using a cylinder bore Remington 870

64

Categories of Rounds bull Flexible ndash Generally conforms to

surface it hits

bull Non-Flexible - Generally doesnrsquot conforms to surface it hits

bull Ridged ndash Generally shatters or bounces off surface it comes into contact with

65

Chapter 3

Angles of Fire

Angles of Fire Defined as the

aiming point with a

designated round for maximum accuracy

67

Direct Angle bull Direct ndash Directly aimed into the target area

68

TARGET

Indirect Anglebull Indirect ndash Skipped into the target area (Usually 3-6 feet based on terrain)

69

TARGET

Low Angle

bull Low Angle ndash Aimed just outside of point of aim point of impact distance

70

TARGET

High Angle

bull High Angle ndash Aimed in a high arch into target area

71

TARGET

Chapter 4

Cause and Effect

Cause amp Effect of Rounds

bull Mental - Discuss

bull Physical - Discuss

73

Mental Effectsbull Specialty Impact Munitions have a

tremendous MENTAL effect on an individual In many cases the mental effects may far outweigh the physical effects and be the determining factor in the subjectrsquos response or time of incapacitation or distraction ldquoA fear of being shotrdquo

74

Anxietybull The action of pointing a firearm directly at

an individual andor actually firing a projectile

bull The pain and at times the appearance of

the injury may reinforce this belief

bull Instructor Note Can be addressed through training

75

Fearbull Arouses connotations and a fear of having been

shot with a firearm SIMS may cause a powerful mental distraction

bull Mentally the subject must cope with the physiological pain that the body feels

bull Instructor Note Can be addressed through personal experience

76

Panicbull Panic is not a desirable response due to having

less control of the subject or crowd

bull The impact is likely to create fear which may create a fight or flight response

bull Crowds may scatter rendering the intended escape route useless

bull Instructor Note LEAST DESIREABLE RESPONSE

77

Chapter 5

Primary vs Secondary Injuries

Primary vs Secondary Injury

Primary Injury

bull An injury directly caused by the use of force tool use

80

Secondary Injurybull An injury indirectly caused by

the use of force tool use

bull Either from resistance from subject or another officer and or environmental surroundings

81

Flight of a projectile

bull Once leaving barrel seeks equal weight distribution ndash Pan Cakes Saucer Spin

bull Head Wind ndash Round May Dive or Risebull Tail Wind ndash Round may Float or Cork

Screwbull Cross Wind ndash ldquoJrdquo Turn

82

Projectile CalculationWhen the distance of the target

INCREASES it effects

Velocity + Accuracy + Impact = Injury

83

Projectile CalculationWhen the distance of the target

DECREASES it effects

Velocity + Accuracy + Impact = Injury

84

Chapter 6

Target areas when using SIM

Blunt Trauma vs

Penetration Trauma

Blunt Traumabull The MAXIMUM desired effect of an impact munitions is

BLUNT TRAUMA - an impact from an object that leaves the body surface intact but may cause sufficient (non-life threatening) injury to distract control or incapacitate the subject

Stinger Round Injury

Pepperball Injury

Stinger Round Injury87

Types of Blunt Trauma Injuries

bull Abrasions - Skimming the surface skin area

bull Contusions - Injury to the brain

bull Lacerations - Partially hitting the skin surface from the side cutting the surface

88

Continued Blunt Trauma Injuriesbull Fractures - Primary injury when

munition strikes target are directly

bull Secondary injury when munitions strikes target area and causes the body to fall striking another surface indirectly

bull Concussion - Glancing blows or missed target or Falling or collapsing of the subject 89

Penetration Traumabull The unintended and most

undesirable outcome of an SIMS is penetration

bull SIMrsquos can cause Death or serious bodily injury

90

PenetrationPuncture ndash Entering the body

at arsquo90 degree angle breaking

thesurface of the skin

91

Target Areas

Unable to use a striking color baton chart

because the chart was used to identify areas of the body for impact and

injuries for striking a human which is MUCH less

force then deploying Specially Impact

Munitions92

Meat amp Muscle Areas

bull Primary target areas that when striking the human body will cause mild to intense pain with NO LONG LASTING INJURY

93

Primary Target Area ndash the target area

consisting of large muscle groupsbull Buttocks bull Thigh amp Calvesbull Lower Abdominal Areabull BicepsTricepsbull Forearm area

94

Meat amp Bone Areasbull Secondary target areas that when striking the human body will cause mild to intense pain with MINOR to LONG LASTING INJURY

95

Secondary target areas are skeletal areas ndash

preferred - may result in fractures

bull Shoulderbull Kneesbull Anklesbull Wrists bull Elbows

96

Bone amp Sensitive Areasbull Last resort target areas that when

striking the human body will cause intense pain with long lasting injury which MAY RESULT IN SERIOUS BODILY HARM WHICH MAY RESULT IN DEATH

97

Last Resort Target Area ndash the target area when

maximum effectiveness is desired to meet a level of

threat escalating to deadly force justification

bull Head amp Throatbull Chest (center mass)bull Solar plexusbull Groinbull Spinebull Lower back

98

99

100

Clothing

1 In colder climates where heavier clothing and jackets are worn rounds with higher energy capabilities will be required

2 In a case where the subject is lightly dressed pay close attention to munitions selection shot placement and engagement distance

3 In detention facilities and during civil disturbances the subjects may pad themselves in order to defeat the effects of SIM

101

Physical Stature and Condition ndash Is the subject heavy musculature or thin and skeletal age

1 250-pound muscular individual will more than likely be physiologically effected less than a 100-pound individual when both are struck in the sametarget area by SIM

2 The blunt trauma effects and the potential for penetration are much greater for the smallerperson 102

37MM Foam Baton-15 feet=WHOHOW12 ga Rubber Pellets HV- 22 feet= WHOHOW40MM Bean Bag-34 feet=WHOHOW

213

90 to 140 lbs 131 to 185 lbs 186 to 220 lbs (220 to 350+)

103

Immediate Surroundings 1Is there any person in the immediate area who

maybe at risk of a deflected or missed shot

2Identify your target backstop and beyond

104

Chapter 7

Intervention Options

THE FORCE CONTINUUM ndash WHEN TO USE SIMrsquos

bull Ladder of Forcebull Force Continuumbull Circle of Forcebull Force Modularbull Escalation of Force

106

107

OFFICER PRESENCE

bull Uniform Badge bull Dedicated Weapon Displayed

bull On a Slingbull Port Arms bull Ready Carry Position

108

Presence

109

Verbal Commands

bull Please stand over there bull Please sit down on the chairbull Stop put your hands downbull Ending with ldquoDo it nowrdquobull Professional Tone amp Attitude

110

NON-Verbal

111

Verbalization

112

SOFT PHYSICAL TECHNIQUES

bull Slight touching or guiding contact

bull Cupping an elbow to escort Lightly grabbing an arm or shoulder

bull AIMING WEAPON113

Aiming WeaponFinger OFF

Trigger

114

HARD PHYSICAL TECHNIQUES

bull Limb Control Techniquesbull Takedown Ground Stabilizationbull Dynamic Countermeasuresbull Impact Techniquesbull Electrical Devicesbull Hand held impact weapons bull Specialty Impact Munitions

115

Firing the Weapon116

DEADLY FORCE

bull Impact Weaponsbull SIM ndash Changing Aiming Point

bull Neck Restraintbull Firearm

117

Transitioning to

firearm

118

Chapter 8

Documentation

Documentationbull Collect all munitions expended and photographed when practical

ndashEvery CasingndashMark Misfired or Damaged rounds 120

Documentation

bull An inventory of munitions used and not used should be noted

ndashWhat was issued and went out

ndashWhat was fired and misfiredndashWhat was lost and not recovered 121

Documentation

bull A report should be written detailing the order in which the events occurred and the police actions that were required

122

Documentation

bull Report the effectiveness of the various types of SIMrsquos and their delivery systems

ndashWhat did I fire that didnrsquot

ndashWhat did I fire that did123

Documentationbull Document any injuries sustained and property damage incurred

ndashInjuries to SubjectndashOfficersndashBystanders

124

Documentationbull After the crowd has dispersed it

is necessary to move rapidly into the target area to remove lingering groups and to prevent the crowd from regrouping and continuing illegal activity

ndashFollow ThroughndashSecuring the Area

125

LIABILITY ISSUES

The court will decide whether the actions of the officers were

(1)Consistent with the limits set forth by the constitution federal and state laws

(2)Consistent with departmental policy and procedures

(3)Consistent with training the officer received to handle such situations

126

5 Important Questions to ASK

bull What was the distance angle and elevation

bull What was the construction of the round used

bull What was the size of the subjectbull What was the expected point of impactbull What was the training of the shooter

127

Questions the Court will ASK

(1) Look at the conduct of other officers who were present andor participated in the actions

(2) The conduct of supervisors who may have authorized the actions of officers

128

Questions the Court will ASK

(1) Were the actions of the officers consistent with their training

(2) Was the training adequate and acceptable by contemporary standards

If the officers were not trained does it amountto deliberate indifference on the part of the

agency 129

Was the actions of the officer

bull A trained techniquebull Was it a dynamic application of

the trained techniquebull Was it an untrained technique

justified under the circumstances

130

Case Law

Know your laws

Graham v Connor 490 US 386 (1989)

a The US Supreme Court case that defined the standard under which excessive force claims would be judged

(1) The standard established was that of objective reasonableness(2) Prior to this the standard was police behavior that shocks the conscienceldquo

bIn this case the court redefined and set forth a less subjective standard

132Copyrighted by Dave Young

1990

City of Canton v Harris 489 US 378 109 S Ct 1197 (1989)

a In this case a woman was arrested and did not receive necessary medical attention after a shift commander was made aware of her condition and decided she did not need medical attention

b Although on the face the City of Canton policy addressed medical issues they were grossly negligent in that they did not provide the shift commanders with the proper training to make such decisions 133

Copyrighted by Dave Young 1990

City of Canton v Harris 489 US 378 109 S Ct 1197 (1989)

c There were many issues that emerged from this case however the primary issue was that of failure to train on the part of the city That negligence amounted to being deliberately in different to the rights of the plaintiff

The implications of Canton v Harris can also go beyond training issues however the burden of proving the Standard of deliberate indifference is on the plaintiff and not easy to prove

d Court Recommendation The duties that officers are assigned to perform must be accompanied with adequate training to perform that function

134Copyrighted by Dave Young

1990

ONeal v DeKalb County GA 850 F2d 653 (11th Cir 1988)

a A mental subject stabbed 7 people before being confronted by the police After repeatedly ordering the subject to drop the knife and lay on the floor the subject rushed the officers and was shot to death

b The court ruled that the use of deadly force instead of non-lethal force against a knife wielding suspect was not malicious or unreasonable therefore not actionable by the plaintiffs

135Copyrighted by Dave Young

1990

Plakas v Drinski 19 F3rd 1143 (7th Cir 1994) cert Denied 115 S Ct 81 (1994)

This case involved the shooting of a suspect who was

wielding a fire poker When the officer attempted to

arrest him he charged the officer with the fire poker and

was shot by police

(1)Plaintiffs who sued on behalf of the deceased claimed the officer did not use other means of force available to him at that time listing disabling chemical spray a police dog and distance

136Copyrighted by Dave Young

1990

Plakas v Drinski 19 F3rd 1143 (7th Cir 1994) cert Denied 115 SCt 81 (1994)

(2) The court stated ldquothat to permit every jury in this type of case to hear expert testimony that the defendant would have been uninjured if only the police had been able to use disabling gas or a capture net or a electrical device

(a)A municipality is liable because it failed to buy this equipment

(b)The Constitution does not enact a police administratorrsquos

equipment listlsquordquo

(c) The court ruled that there is no legal precedent that requires an officer to utilize alternatives to deadly force

137Copyrighted by Dave Young

1990

Davis v Mason County 927 F2d 1473 (9th Cir 1991)

aThe court ruled that the department had adequate training on the technical components of the use of force but did not have adequate training on the constitutional limits of the use of force in effecting arrests

138Copyrighted by Dave Young

1990

Davis v Mason County 927 F2d 1473 (9th Cir 1991)

b In other words the officers were trained on the how but not on the why and when the force is appropriate

c Court Recommendation Training should include confrontational scenarios of situations that require decision making then articulation by the officer as to the justification for the force used or not used

139Copyrighted by Dave Young

1990

Quezada v County of Bernalillo 944 F2d 710 (10th Cir 1991)

a The court ruled that an officer might be held liable for putting himself in a situation that requires him to use deadly force against an armed suicidal person

b This case involved an officer who left a position of cover to confront a suicidal subject

140Copyrighted by Dave Young

1990

141

Dave YoungFounder amp Director

ARMA Training

Website wwwarmatrainingcom772-913-1615

copyrighted by Dave Young 1994

48

4560 Cal Rubber Balls

Additional Information

3740MM

Approx 24 Rubber Balls

Average 325 FPS

49

Foam Baton Rounds

Additional Information 37mm or 40MM Black Powder or Smokeless 35 baton rounds - 55 or 8 inch casings

50

40MM Spin Stabilized Foam Rounds

Additional Information

40MM Sponge Round Smokeless Delivery System

48 inch casings Most accurate round to date Most reliable round

51

Hit with 40MM Spin Stabilized Round 45 feet from Barrel

Notice no rip or tear in clothing

52

Hit with 40 MM Sponge Round 30 feet from Barrel

Within 3 days of being hit

1 hours after being hit

Shooter Sgt Don WeiderLexington SCSheriffrsquos Office

53

Stinger Balls Additional Information

CS ndash CN Powder Filled Launched or Thrown 31 Caliber (approximately 180

RBrsquos)

15 Sec Time delay

54

12 Gauge Rubber Pellets

Description - Cartridge 12ga Sting Balltradereg

Type - Multiple Projectile Rubber Pellets

Velocity - 400 ftsec (Avg) Maximum Effective Range - 50 feetProjectiles - 18 (average)

High Energy Rounds 37 or 40MM Multiple Wooded Baton 37 or 40MM Multiple Rubber Baton 37 or 40MM Bean Bag round 40MM Spin Stabilized FoamSponge

Round 12 Gauge Single 4560 Cal Ball Round 12 Gauge Bean Bag Round

55

56

3740 MM Wooded Baton Rounds

3740 MM

55 or 8 Inch Casings

BlackSmokeless Powder

35 Baton Rounds

57

3740 MM Interlocking Rubber Baton

3740 MM

55 or 8 Inch Casings

BlackSmokeless Powder

35 Baton Rounds

58

3740 MM Mono Rubber Baton

3740 MM

55 or 8 Inch Casings

BlackSmokeless Powder

Single Baton Round

59

3740 MM Pen-Prevent or Super ldquoSOCrdquo Bean Bag Round

Additional Information

Black PowderSmokeless

Glass BeadsSilica Sand Lead Pelts

Aerodynamic or Non-Aerodynamic

60

40MM Spin Stabilized Foam Rounds

Additional Information 40MM Sponge Round Smokeless Delivery System 48 inch casing Most accurate round to date Special Nylon Casing

Only round which can be

effectively fired in all 5 ZONES

61

12 Gauge High Velocity - Rubber Pellets

Description - Cartridge 12ga Sting Balltrade HVreg

Type - Multiple Projectile Rubber Pellets

Velocity - 900 ftsec (Avg) Maximum Effective Range - 60 feet

Projectiles - 18 (average)

62

12 Gauge High Velocity - Tri-Dent 3 Rubber Ball

Description - Cartridge 12ga Sting Balltrade HVreg

Type - Multiple Projectile Rubber Balls

Velocity - 900 ftsec (Avg) Maximum Effective Range - 60 feet

Projectiles - 3

63

12 Gauge ldquoPen Preventrdquo Bean Bag Round

bull Projectile Weight - 40 gmbull Material - Shot filled Ballistic Fiber Reinforced flexible sock

bull Terminal Velocity - 280 fps (average) at 10 yardsreg

bull Accuracy - 4rdquo or better at 40 yards using a cylinder bore Remington 870

64

Categories of Rounds bull Flexible ndash Generally conforms to

surface it hits

bull Non-Flexible - Generally doesnrsquot conforms to surface it hits

bull Ridged ndash Generally shatters or bounces off surface it comes into contact with

65

Chapter 3

Angles of Fire

Angles of Fire Defined as the

aiming point with a

designated round for maximum accuracy

67

Direct Angle bull Direct ndash Directly aimed into the target area

68

TARGET

Indirect Anglebull Indirect ndash Skipped into the target area (Usually 3-6 feet based on terrain)

69

TARGET

Low Angle

bull Low Angle ndash Aimed just outside of point of aim point of impact distance

70

TARGET

High Angle

bull High Angle ndash Aimed in a high arch into target area

71

TARGET

Chapter 4

Cause and Effect

Cause amp Effect of Rounds

bull Mental - Discuss

bull Physical - Discuss

73

Mental Effectsbull Specialty Impact Munitions have a

tremendous MENTAL effect on an individual In many cases the mental effects may far outweigh the physical effects and be the determining factor in the subjectrsquos response or time of incapacitation or distraction ldquoA fear of being shotrdquo

74

Anxietybull The action of pointing a firearm directly at

an individual andor actually firing a projectile

bull The pain and at times the appearance of

the injury may reinforce this belief

bull Instructor Note Can be addressed through training

75

Fearbull Arouses connotations and a fear of having been

shot with a firearm SIMS may cause a powerful mental distraction

bull Mentally the subject must cope with the physiological pain that the body feels

bull Instructor Note Can be addressed through personal experience

76

Panicbull Panic is not a desirable response due to having

less control of the subject or crowd

bull The impact is likely to create fear which may create a fight or flight response

bull Crowds may scatter rendering the intended escape route useless

bull Instructor Note LEAST DESIREABLE RESPONSE

77

Chapter 5

Primary vs Secondary Injuries

Primary vs Secondary Injury

Primary Injury

bull An injury directly caused by the use of force tool use

80

Secondary Injurybull An injury indirectly caused by

the use of force tool use

bull Either from resistance from subject or another officer and or environmental surroundings

81

Flight of a projectile

bull Once leaving barrel seeks equal weight distribution ndash Pan Cakes Saucer Spin

bull Head Wind ndash Round May Dive or Risebull Tail Wind ndash Round may Float or Cork

Screwbull Cross Wind ndash ldquoJrdquo Turn

82

Projectile CalculationWhen the distance of the target

INCREASES it effects

Velocity + Accuracy + Impact = Injury

83

Projectile CalculationWhen the distance of the target

DECREASES it effects

Velocity + Accuracy + Impact = Injury

84

Chapter 6

Target areas when using SIM

Blunt Trauma vs

Penetration Trauma

Blunt Traumabull The MAXIMUM desired effect of an impact munitions is

BLUNT TRAUMA - an impact from an object that leaves the body surface intact but may cause sufficient (non-life threatening) injury to distract control or incapacitate the subject

Stinger Round Injury

Pepperball Injury

Stinger Round Injury87

Types of Blunt Trauma Injuries

bull Abrasions - Skimming the surface skin area

bull Contusions - Injury to the brain

bull Lacerations - Partially hitting the skin surface from the side cutting the surface

88

Continued Blunt Trauma Injuriesbull Fractures - Primary injury when

munition strikes target are directly

bull Secondary injury when munitions strikes target area and causes the body to fall striking another surface indirectly

bull Concussion - Glancing blows or missed target or Falling or collapsing of the subject 89

Penetration Traumabull The unintended and most

undesirable outcome of an SIMS is penetration

bull SIMrsquos can cause Death or serious bodily injury

90

PenetrationPuncture ndash Entering the body

at arsquo90 degree angle breaking

thesurface of the skin

91

Target Areas

Unable to use a striking color baton chart

because the chart was used to identify areas of the body for impact and

injuries for striking a human which is MUCH less

force then deploying Specially Impact

Munitions92

Meat amp Muscle Areas

bull Primary target areas that when striking the human body will cause mild to intense pain with NO LONG LASTING INJURY

93

Primary Target Area ndash the target area

consisting of large muscle groupsbull Buttocks bull Thigh amp Calvesbull Lower Abdominal Areabull BicepsTricepsbull Forearm area

94

Meat amp Bone Areasbull Secondary target areas that when striking the human body will cause mild to intense pain with MINOR to LONG LASTING INJURY

95

Secondary target areas are skeletal areas ndash

preferred - may result in fractures

bull Shoulderbull Kneesbull Anklesbull Wrists bull Elbows

96

Bone amp Sensitive Areasbull Last resort target areas that when

striking the human body will cause intense pain with long lasting injury which MAY RESULT IN SERIOUS BODILY HARM WHICH MAY RESULT IN DEATH

97

Last Resort Target Area ndash the target area when

maximum effectiveness is desired to meet a level of

threat escalating to deadly force justification

bull Head amp Throatbull Chest (center mass)bull Solar plexusbull Groinbull Spinebull Lower back

98

99

100

Clothing

1 In colder climates where heavier clothing and jackets are worn rounds with higher energy capabilities will be required

2 In a case where the subject is lightly dressed pay close attention to munitions selection shot placement and engagement distance

3 In detention facilities and during civil disturbances the subjects may pad themselves in order to defeat the effects of SIM

101

Physical Stature and Condition ndash Is the subject heavy musculature or thin and skeletal age

1 250-pound muscular individual will more than likely be physiologically effected less than a 100-pound individual when both are struck in the sametarget area by SIM

2 The blunt trauma effects and the potential for penetration are much greater for the smallerperson 102

37MM Foam Baton-15 feet=WHOHOW12 ga Rubber Pellets HV- 22 feet= WHOHOW40MM Bean Bag-34 feet=WHOHOW

213

90 to 140 lbs 131 to 185 lbs 186 to 220 lbs (220 to 350+)

103

Immediate Surroundings 1Is there any person in the immediate area who

maybe at risk of a deflected or missed shot

2Identify your target backstop and beyond

104

Chapter 7

Intervention Options

THE FORCE CONTINUUM ndash WHEN TO USE SIMrsquos

bull Ladder of Forcebull Force Continuumbull Circle of Forcebull Force Modularbull Escalation of Force

106

107

OFFICER PRESENCE

bull Uniform Badge bull Dedicated Weapon Displayed

bull On a Slingbull Port Arms bull Ready Carry Position

108

Presence

109

Verbal Commands

bull Please stand over there bull Please sit down on the chairbull Stop put your hands downbull Ending with ldquoDo it nowrdquobull Professional Tone amp Attitude

110

NON-Verbal

111

Verbalization

112

SOFT PHYSICAL TECHNIQUES

bull Slight touching or guiding contact

bull Cupping an elbow to escort Lightly grabbing an arm or shoulder

bull AIMING WEAPON113

Aiming WeaponFinger OFF

Trigger

114

HARD PHYSICAL TECHNIQUES

bull Limb Control Techniquesbull Takedown Ground Stabilizationbull Dynamic Countermeasuresbull Impact Techniquesbull Electrical Devicesbull Hand held impact weapons bull Specialty Impact Munitions

115

Firing the Weapon116

DEADLY FORCE

bull Impact Weaponsbull SIM ndash Changing Aiming Point

bull Neck Restraintbull Firearm

117

Transitioning to

firearm

118

Chapter 8

Documentation

Documentationbull Collect all munitions expended and photographed when practical

ndashEvery CasingndashMark Misfired or Damaged rounds 120

Documentation

bull An inventory of munitions used and not used should be noted

ndashWhat was issued and went out

ndashWhat was fired and misfiredndashWhat was lost and not recovered 121

Documentation

bull A report should be written detailing the order in which the events occurred and the police actions that were required

122

Documentation

bull Report the effectiveness of the various types of SIMrsquos and their delivery systems

ndashWhat did I fire that didnrsquot

ndashWhat did I fire that did123

Documentationbull Document any injuries sustained and property damage incurred

ndashInjuries to SubjectndashOfficersndashBystanders

124

Documentationbull After the crowd has dispersed it

is necessary to move rapidly into the target area to remove lingering groups and to prevent the crowd from regrouping and continuing illegal activity

ndashFollow ThroughndashSecuring the Area

125

LIABILITY ISSUES

The court will decide whether the actions of the officers were

(1)Consistent with the limits set forth by the constitution federal and state laws

(2)Consistent with departmental policy and procedures

(3)Consistent with training the officer received to handle such situations

126

5 Important Questions to ASK

bull What was the distance angle and elevation

bull What was the construction of the round used

bull What was the size of the subjectbull What was the expected point of impactbull What was the training of the shooter

127

Questions the Court will ASK

(1) Look at the conduct of other officers who were present andor participated in the actions

(2) The conduct of supervisors who may have authorized the actions of officers

128

Questions the Court will ASK

(1) Were the actions of the officers consistent with their training

(2) Was the training adequate and acceptable by contemporary standards

If the officers were not trained does it amountto deliberate indifference on the part of the

agency 129

Was the actions of the officer

bull A trained techniquebull Was it a dynamic application of

the trained techniquebull Was it an untrained technique

justified under the circumstances

130

Case Law

Know your laws

Graham v Connor 490 US 386 (1989)

a The US Supreme Court case that defined the standard under which excessive force claims would be judged

(1) The standard established was that of objective reasonableness(2) Prior to this the standard was police behavior that shocks the conscienceldquo

bIn this case the court redefined and set forth a less subjective standard

132Copyrighted by Dave Young

1990

City of Canton v Harris 489 US 378 109 S Ct 1197 (1989)

a In this case a woman was arrested and did not receive necessary medical attention after a shift commander was made aware of her condition and decided she did not need medical attention

b Although on the face the City of Canton policy addressed medical issues they were grossly negligent in that they did not provide the shift commanders with the proper training to make such decisions 133

Copyrighted by Dave Young 1990

City of Canton v Harris 489 US 378 109 S Ct 1197 (1989)

c There were many issues that emerged from this case however the primary issue was that of failure to train on the part of the city That negligence amounted to being deliberately in different to the rights of the plaintiff

The implications of Canton v Harris can also go beyond training issues however the burden of proving the Standard of deliberate indifference is on the plaintiff and not easy to prove

d Court Recommendation The duties that officers are assigned to perform must be accompanied with adequate training to perform that function

134Copyrighted by Dave Young

1990

ONeal v DeKalb County GA 850 F2d 653 (11th Cir 1988)

a A mental subject stabbed 7 people before being confronted by the police After repeatedly ordering the subject to drop the knife and lay on the floor the subject rushed the officers and was shot to death

b The court ruled that the use of deadly force instead of non-lethal force against a knife wielding suspect was not malicious or unreasonable therefore not actionable by the plaintiffs

135Copyrighted by Dave Young

1990

Plakas v Drinski 19 F3rd 1143 (7th Cir 1994) cert Denied 115 S Ct 81 (1994)

This case involved the shooting of a suspect who was

wielding a fire poker When the officer attempted to

arrest him he charged the officer with the fire poker and

was shot by police

(1)Plaintiffs who sued on behalf of the deceased claimed the officer did not use other means of force available to him at that time listing disabling chemical spray a police dog and distance

136Copyrighted by Dave Young

1990

Plakas v Drinski 19 F3rd 1143 (7th Cir 1994) cert Denied 115 SCt 81 (1994)

(2) The court stated ldquothat to permit every jury in this type of case to hear expert testimony that the defendant would have been uninjured if only the police had been able to use disabling gas or a capture net or a electrical device

(a)A municipality is liable because it failed to buy this equipment

(b)The Constitution does not enact a police administratorrsquos

equipment listlsquordquo

(c) The court ruled that there is no legal precedent that requires an officer to utilize alternatives to deadly force

137Copyrighted by Dave Young

1990

Davis v Mason County 927 F2d 1473 (9th Cir 1991)

aThe court ruled that the department had adequate training on the technical components of the use of force but did not have adequate training on the constitutional limits of the use of force in effecting arrests

138Copyrighted by Dave Young

1990

Davis v Mason County 927 F2d 1473 (9th Cir 1991)

b In other words the officers were trained on the how but not on the why and when the force is appropriate

c Court Recommendation Training should include confrontational scenarios of situations that require decision making then articulation by the officer as to the justification for the force used or not used

139Copyrighted by Dave Young

1990

Quezada v County of Bernalillo 944 F2d 710 (10th Cir 1991)

a The court ruled that an officer might be held liable for putting himself in a situation that requires him to use deadly force against an armed suicidal person

b This case involved an officer who left a position of cover to confront a suicidal subject

140Copyrighted by Dave Young

1990

141

Dave YoungFounder amp Director

ARMA Training

Website wwwarmatrainingcom772-913-1615

copyrighted by Dave Young 1994

49

Foam Baton Rounds

Additional Information 37mm or 40MM Black Powder or Smokeless 35 baton rounds - 55 or 8 inch casings

50

40MM Spin Stabilized Foam Rounds

Additional Information

40MM Sponge Round Smokeless Delivery System

48 inch casings Most accurate round to date Most reliable round

51

Hit with 40MM Spin Stabilized Round 45 feet from Barrel

Notice no rip or tear in clothing

52

Hit with 40 MM Sponge Round 30 feet from Barrel

Within 3 days of being hit

1 hours after being hit

Shooter Sgt Don WeiderLexington SCSheriffrsquos Office

53

Stinger Balls Additional Information

CS ndash CN Powder Filled Launched or Thrown 31 Caliber (approximately 180

RBrsquos)

15 Sec Time delay

54

12 Gauge Rubber Pellets

Description - Cartridge 12ga Sting Balltradereg

Type - Multiple Projectile Rubber Pellets

Velocity - 400 ftsec (Avg) Maximum Effective Range - 50 feetProjectiles - 18 (average)

High Energy Rounds 37 or 40MM Multiple Wooded Baton 37 or 40MM Multiple Rubber Baton 37 or 40MM Bean Bag round 40MM Spin Stabilized FoamSponge

Round 12 Gauge Single 4560 Cal Ball Round 12 Gauge Bean Bag Round

55

56

3740 MM Wooded Baton Rounds

3740 MM

55 or 8 Inch Casings

BlackSmokeless Powder

35 Baton Rounds

57

3740 MM Interlocking Rubber Baton

3740 MM

55 or 8 Inch Casings

BlackSmokeless Powder

35 Baton Rounds

58

3740 MM Mono Rubber Baton

3740 MM

55 or 8 Inch Casings

BlackSmokeless Powder

Single Baton Round

59

3740 MM Pen-Prevent or Super ldquoSOCrdquo Bean Bag Round

Additional Information

Black PowderSmokeless

Glass BeadsSilica Sand Lead Pelts

Aerodynamic or Non-Aerodynamic

60

40MM Spin Stabilized Foam Rounds

Additional Information 40MM Sponge Round Smokeless Delivery System 48 inch casing Most accurate round to date Special Nylon Casing

Only round which can be

effectively fired in all 5 ZONES

61

12 Gauge High Velocity - Rubber Pellets

Description - Cartridge 12ga Sting Balltrade HVreg

Type - Multiple Projectile Rubber Pellets

Velocity - 900 ftsec (Avg) Maximum Effective Range - 60 feet

Projectiles - 18 (average)

62

12 Gauge High Velocity - Tri-Dent 3 Rubber Ball

Description - Cartridge 12ga Sting Balltrade HVreg

Type - Multiple Projectile Rubber Balls

Velocity - 900 ftsec (Avg) Maximum Effective Range - 60 feet

Projectiles - 3

63

12 Gauge ldquoPen Preventrdquo Bean Bag Round

bull Projectile Weight - 40 gmbull Material - Shot filled Ballistic Fiber Reinforced flexible sock

bull Terminal Velocity - 280 fps (average) at 10 yardsreg

bull Accuracy - 4rdquo or better at 40 yards using a cylinder bore Remington 870

64

Categories of Rounds bull Flexible ndash Generally conforms to

surface it hits

bull Non-Flexible - Generally doesnrsquot conforms to surface it hits

bull Ridged ndash Generally shatters or bounces off surface it comes into contact with

65

Chapter 3

Angles of Fire

Angles of Fire Defined as the

aiming point with a

designated round for maximum accuracy

67

Direct Angle bull Direct ndash Directly aimed into the target area

68

TARGET

Indirect Anglebull Indirect ndash Skipped into the target area (Usually 3-6 feet based on terrain)

69

TARGET

Low Angle

bull Low Angle ndash Aimed just outside of point of aim point of impact distance

70

TARGET

High Angle

bull High Angle ndash Aimed in a high arch into target area

71

TARGET

Chapter 4

Cause and Effect

Cause amp Effect of Rounds

bull Mental - Discuss

bull Physical - Discuss

73

Mental Effectsbull Specialty Impact Munitions have a

tremendous MENTAL effect on an individual In many cases the mental effects may far outweigh the physical effects and be the determining factor in the subjectrsquos response or time of incapacitation or distraction ldquoA fear of being shotrdquo

74

Anxietybull The action of pointing a firearm directly at

an individual andor actually firing a projectile

bull The pain and at times the appearance of

the injury may reinforce this belief

bull Instructor Note Can be addressed through training

75

Fearbull Arouses connotations and a fear of having been

shot with a firearm SIMS may cause a powerful mental distraction

bull Mentally the subject must cope with the physiological pain that the body feels

bull Instructor Note Can be addressed through personal experience

76

Panicbull Panic is not a desirable response due to having

less control of the subject or crowd

bull The impact is likely to create fear which may create a fight or flight response

bull Crowds may scatter rendering the intended escape route useless

bull Instructor Note LEAST DESIREABLE RESPONSE

77

Chapter 5

Primary vs Secondary Injuries

Primary vs Secondary Injury

Primary Injury

bull An injury directly caused by the use of force tool use

80

Secondary Injurybull An injury indirectly caused by

the use of force tool use

bull Either from resistance from subject or another officer and or environmental surroundings

81

Flight of a projectile

bull Once leaving barrel seeks equal weight distribution ndash Pan Cakes Saucer Spin

bull Head Wind ndash Round May Dive or Risebull Tail Wind ndash Round may Float or Cork

Screwbull Cross Wind ndash ldquoJrdquo Turn

82

Projectile CalculationWhen the distance of the target

INCREASES it effects

Velocity + Accuracy + Impact = Injury

83

Projectile CalculationWhen the distance of the target

DECREASES it effects

Velocity + Accuracy + Impact = Injury

84

Chapter 6

Target areas when using SIM

Blunt Trauma vs

Penetration Trauma

Blunt Traumabull The MAXIMUM desired effect of an impact munitions is

BLUNT TRAUMA - an impact from an object that leaves the body surface intact but may cause sufficient (non-life threatening) injury to distract control or incapacitate the subject

Stinger Round Injury

Pepperball Injury

Stinger Round Injury87

Types of Blunt Trauma Injuries

bull Abrasions - Skimming the surface skin area

bull Contusions - Injury to the brain

bull Lacerations - Partially hitting the skin surface from the side cutting the surface

88

Continued Blunt Trauma Injuriesbull Fractures - Primary injury when

munition strikes target are directly

bull Secondary injury when munitions strikes target area and causes the body to fall striking another surface indirectly

bull Concussion - Glancing blows or missed target or Falling or collapsing of the subject 89

Penetration Traumabull The unintended and most

undesirable outcome of an SIMS is penetration

bull SIMrsquos can cause Death or serious bodily injury

90

PenetrationPuncture ndash Entering the body

at arsquo90 degree angle breaking

thesurface of the skin

91

Target Areas

Unable to use a striking color baton chart

because the chart was used to identify areas of the body for impact and

injuries for striking a human which is MUCH less

force then deploying Specially Impact

Munitions92

Meat amp Muscle Areas

bull Primary target areas that when striking the human body will cause mild to intense pain with NO LONG LASTING INJURY

93

Primary Target Area ndash the target area

consisting of large muscle groupsbull Buttocks bull Thigh amp Calvesbull Lower Abdominal Areabull BicepsTricepsbull Forearm area

94

Meat amp Bone Areasbull Secondary target areas that when striking the human body will cause mild to intense pain with MINOR to LONG LASTING INJURY

95

Secondary target areas are skeletal areas ndash

preferred - may result in fractures

bull Shoulderbull Kneesbull Anklesbull Wrists bull Elbows

96

Bone amp Sensitive Areasbull Last resort target areas that when

striking the human body will cause intense pain with long lasting injury which MAY RESULT IN SERIOUS BODILY HARM WHICH MAY RESULT IN DEATH

97

Last Resort Target Area ndash the target area when

maximum effectiveness is desired to meet a level of

threat escalating to deadly force justification

bull Head amp Throatbull Chest (center mass)bull Solar plexusbull Groinbull Spinebull Lower back

98

99

100

Clothing

1 In colder climates where heavier clothing and jackets are worn rounds with higher energy capabilities will be required

2 In a case where the subject is lightly dressed pay close attention to munitions selection shot placement and engagement distance

3 In detention facilities and during civil disturbances the subjects may pad themselves in order to defeat the effects of SIM

101

Physical Stature and Condition ndash Is the subject heavy musculature or thin and skeletal age

1 250-pound muscular individual will more than likely be physiologically effected less than a 100-pound individual when both are struck in the sametarget area by SIM

2 The blunt trauma effects and the potential for penetration are much greater for the smallerperson 102

37MM Foam Baton-15 feet=WHOHOW12 ga Rubber Pellets HV- 22 feet= WHOHOW40MM Bean Bag-34 feet=WHOHOW

213

90 to 140 lbs 131 to 185 lbs 186 to 220 lbs (220 to 350+)

103

Immediate Surroundings 1Is there any person in the immediate area who

maybe at risk of a deflected or missed shot

2Identify your target backstop and beyond

104

Chapter 7

Intervention Options

THE FORCE CONTINUUM ndash WHEN TO USE SIMrsquos

bull Ladder of Forcebull Force Continuumbull Circle of Forcebull Force Modularbull Escalation of Force

106

107

OFFICER PRESENCE

bull Uniform Badge bull Dedicated Weapon Displayed

bull On a Slingbull Port Arms bull Ready Carry Position

108

Presence

109

Verbal Commands

bull Please stand over there bull Please sit down on the chairbull Stop put your hands downbull Ending with ldquoDo it nowrdquobull Professional Tone amp Attitude

110

NON-Verbal

111

Verbalization

112

SOFT PHYSICAL TECHNIQUES

bull Slight touching or guiding contact

bull Cupping an elbow to escort Lightly grabbing an arm or shoulder

bull AIMING WEAPON113

Aiming WeaponFinger OFF

Trigger

114

HARD PHYSICAL TECHNIQUES

bull Limb Control Techniquesbull Takedown Ground Stabilizationbull Dynamic Countermeasuresbull Impact Techniquesbull Electrical Devicesbull Hand held impact weapons bull Specialty Impact Munitions

115

Firing the Weapon116

DEADLY FORCE

bull Impact Weaponsbull SIM ndash Changing Aiming Point

bull Neck Restraintbull Firearm

117

Transitioning to

firearm

118

Chapter 8

Documentation

Documentationbull Collect all munitions expended and photographed when practical

ndashEvery CasingndashMark Misfired or Damaged rounds 120

Documentation

bull An inventory of munitions used and not used should be noted

ndashWhat was issued and went out

ndashWhat was fired and misfiredndashWhat was lost and not recovered 121

Documentation

bull A report should be written detailing the order in which the events occurred and the police actions that were required

122

Documentation

bull Report the effectiveness of the various types of SIMrsquos and their delivery systems

ndashWhat did I fire that didnrsquot

ndashWhat did I fire that did123

Documentationbull Document any injuries sustained and property damage incurred

ndashInjuries to SubjectndashOfficersndashBystanders

124

Documentationbull After the crowd has dispersed it

is necessary to move rapidly into the target area to remove lingering groups and to prevent the crowd from regrouping and continuing illegal activity

ndashFollow ThroughndashSecuring the Area

125

LIABILITY ISSUES

The court will decide whether the actions of the officers were

(1)Consistent with the limits set forth by the constitution federal and state laws

(2)Consistent with departmental policy and procedures

(3)Consistent with training the officer received to handle such situations

126

5 Important Questions to ASK

bull What was the distance angle and elevation

bull What was the construction of the round used

bull What was the size of the subjectbull What was the expected point of impactbull What was the training of the shooter

127

Questions the Court will ASK

(1) Look at the conduct of other officers who were present andor participated in the actions

(2) The conduct of supervisors who may have authorized the actions of officers

128

Questions the Court will ASK

(1) Were the actions of the officers consistent with their training

(2) Was the training adequate and acceptable by contemporary standards

If the officers were not trained does it amountto deliberate indifference on the part of the

agency 129

Was the actions of the officer

bull A trained techniquebull Was it a dynamic application of

the trained techniquebull Was it an untrained technique

justified under the circumstances

130

Case Law

Know your laws

Graham v Connor 490 US 386 (1989)

a The US Supreme Court case that defined the standard under which excessive force claims would be judged

(1) The standard established was that of objective reasonableness(2) Prior to this the standard was police behavior that shocks the conscienceldquo

bIn this case the court redefined and set forth a less subjective standard

132Copyrighted by Dave Young

1990

City of Canton v Harris 489 US 378 109 S Ct 1197 (1989)

a In this case a woman was arrested and did not receive necessary medical attention after a shift commander was made aware of her condition and decided she did not need medical attention

b Although on the face the City of Canton policy addressed medical issues they were grossly negligent in that they did not provide the shift commanders with the proper training to make such decisions 133

Copyrighted by Dave Young 1990

City of Canton v Harris 489 US 378 109 S Ct 1197 (1989)

c There were many issues that emerged from this case however the primary issue was that of failure to train on the part of the city That negligence amounted to being deliberately in different to the rights of the plaintiff

The implications of Canton v Harris can also go beyond training issues however the burden of proving the Standard of deliberate indifference is on the plaintiff and not easy to prove

d Court Recommendation The duties that officers are assigned to perform must be accompanied with adequate training to perform that function

134Copyrighted by Dave Young

1990

ONeal v DeKalb County GA 850 F2d 653 (11th Cir 1988)

a A mental subject stabbed 7 people before being confronted by the police After repeatedly ordering the subject to drop the knife and lay on the floor the subject rushed the officers and was shot to death

b The court ruled that the use of deadly force instead of non-lethal force against a knife wielding suspect was not malicious or unreasonable therefore not actionable by the plaintiffs

135Copyrighted by Dave Young

1990

Plakas v Drinski 19 F3rd 1143 (7th Cir 1994) cert Denied 115 S Ct 81 (1994)

This case involved the shooting of a suspect who was

wielding a fire poker When the officer attempted to

arrest him he charged the officer with the fire poker and

was shot by police

(1)Plaintiffs who sued on behalf of the deceased claimed the officer did not use other means of force available to him at that time listing disabling chemical spray a police dog and distance

136Copyrighted by Dave Young

1990

Plakas v Drinski 19 F3rd 1143 (7th Cir 1994) cert Denied 115 SCt 81 (1994)

(2) The court stated ldquothat to permit every jury in this type of case to hear expert testimony that the defendant would have been uninjured if only the police had been able to use disabling gas or a capture net or a electrical device

(a)A municipality is liable because it failed to buy this equipment

(b)The Constitution does not enact a police administratorrsquos

equipment listlsquordquo

(c) The court ruled that there is no legal precedent that requires an officer to utilize alternatives to deadly force

137Copyrighted by Dave Young

1990

Davis v Mason County 927 F2d 1473 (9th Cir 1991)

aThe court ruled that the department had adequate training on the technical components of the use of force but did not have adequate training on the constitutional limits of the use of force in effecting arrests

138Copyrighted by Dave Young

1990

Davis v Mason County 927 F2d 1473 (9th Cir 1991)

b In other words the officers were trained on the how but not on the why and when the force is appropriate

c Court Recommendation Training should include confrontational scenarios of situations that require decision making then articulation by the officer as to the justification for the force used or not used

139Copyrighted by Dave Young

1990

Quezada v County of Bernalillo 944 F2d 710 (10th Cir 1991)

a The court ruled that an officer might be held liable for putting himself in a situation that requires him to use deadly force against an armed suicidal person

b This case involved an officer who left a position of cover to confront a suicidal subject

140Copyrighted by Dave Young

1990

141

Dave YoungFounder amp Director

ARMA Training

Website wwwarmatrainingcom772-913-1615

copyrighted by Dave Young 1994

50

40MM Spin Stabilized Foam Rounds

Additional Information

40MM Sponge Round Smokeless Delivery System

48 inch casings Most accurate round to date Most reliable round

51

Hit with 40MM Spin Stabilized Round 45 feet from Barrel

Notice no rip or tear in clothing

52

Hit with 40 MM Sponge Round 30 feet from Barrel

Within 3 days of being hit

1 hours after being hit

Shooter Sgt Don WeiderLexington SCSheriffrsquos Office

53

Stinger Balls Additional Information

CS ndash CN Powder Filled Launched or Thrown 31 Caliber (approximately 180

RBrsquos)

15 Sec Time delay

54

12 Gauge Rubber Pellets

Description - Cartridge 12ga Sting Balltradereg

Type - Multiple Projectile Rubber Pellets

Velocity - 400 ftsec (Avg) Maximum Effective Range - 50 feetProjectiles - 18 (average)

High Energy Rounds 37 or 40MM Multiple Wooded Baton 37 or 40MM Multiple Rubber Baton 37 or 40MM Bean Bag round 40MM Spin Stabilized FoamSponge

Round 12 Gauge Single 4560 Cal Ball Round 12 Gauge Bean Bag Round

55

56

3740 MM Wooded Baton Rounds

3740 MM

55 or 8 Inch Casings

BlackSmokeless Powder

35 Baton Rounds

57

3740 MM Interlocking Rubber Baton

3740 MM

55 or 8 Inch Casings

BlackSmokeless Powder

35 Baton Rounds

58

3740 MM Mono Rubber Baton

3740 MM

55 or 8 Inch Casings

BlackSmokeless Powder

Single Baton Round

59

3740 MM Pen-Prevent or Super ldquoSOCrdquo Bean Bag Round

Additional Information

Black PowderSmokeless

Glass BeadsSilica Sand Lead Pelts

Aerodynamic or Non-Aerodynamic

60

40MM Spin Stabilized Foam Rounds

Additional Information 40MM Sponge Round Smokeless Delivery System 48 inch casing Most accurate round to date Special Nylon Casing

Only round which can be

effectively fired in all 5 ZONES

61

12 Gauge High Velocity - Rubber Pellets

Description - Cartridge 12ga Sting Balltrade HVreg

Type - Multiple Projectile Rubber Pellets

Velocity - 900 ftsec (Avg) Maximum Effective Range - 60 feet

Projectiles - 18 (average)

62

12 Gauge High Velocity - Tri-Dent 3 Rubber Ball

Description - Cartridge 12ga Sting Balltrade HVreg

Type - Multiple Projectile Rubber Balls

Velocity - 900 ftsec (Avg) Maximum Effective Range - 60 feet

Projectiles - 3

63

12 Gauge ldquoPen Preventrdquo Bean Bag Round

bull Projectile Weight - 40 gmbull Material - Shot filled Ballistic Fiber Reinforced flexible sock

bull Terminal Velocity - 280 fps (average) at 10 yardsreg

bull Accuracy - 4rdquo or better at 40 yards using a cylinder bore Remington 870

64

Categories of Rounds bull Flexible ndash Generally conforms to

surface it hits

bull Non-Flexible - Generally doesnrsquot conforms to surface it hits

bull Ridged ndash Generally shatters or bounces off surface it comes into contact with

65

Chapter 3

Angles of Fire

Angles of Fire Defined as the

aiming point with a

designated round for maximum accuracy

67

Direct Angle bull Direct ndash Directly aimed into the target area

68

TARGET

Indirect Anglebull Indirect ndash Skipped into the target area (Usually 3-6 feet based on terrain)

69

TARGET

Low Angle

bull Low Angle ndash Aimed just outside of point of aim point of impact distance

70

TARGET

High Angle

bull High Angle ndash Aimed in a high arch into target area

71

TARGET

Chapter 4

Cause and Effect

Cause amp Effect of Rounds

bull Mental - Discuss

bull Physical - Discuss

73

Mental Effectsbull Specialty Impact Munitions have a

tremendous MENTAL effect on an individual In many cases the mental effects may far outweigh the physical effects and be the determining factor in the subjectrsquos response or time of incapacitation or distraction ldquoA fear of being shotrdquo

74

Anxietybull The action of pointing a firearm directly at

an individual andor actually firing a projectile

bull The pain and at times the appearance of

the injury may reinforce this belief

bull Instructor Note Can be addressed through training

75

Fearbull Arouses connotations and a fear of having been

shot with a firearm SIMS may cause a powerful mental distraction

bull Mentally the subject must cope with the physiological pain that the body feels

bull Instructor Note Can be addressed through personal experience

76

Panicbull Panic is not a desirable response due to having

less control of the subject or crowd

bull The impact is likely to create fear which may create a fight or flight response

bull Crowds may scatter rendering the intended escape route useless

bull Instructor Note LEAST DESIREABLE RESPONSE

77

Chapter 5

Primary vs Secondary Injuries

Primary vs Secondary Injury

Primary Injury

bull An injury directly caused by the use of force tool use

80

Secondary Injurybull An injury indirectly caused by

the use of force tool use

bull Either from resistance from subject or another officer and or environmental surroundings

81

Flight of a projectile

bull Once leaving barrel seeks equal weight distribution ndash Pan Cakes Saucer Spin

bull Head Wind ndash Round May Dive or Risebull Tail Wind ndash Round may Float or Cork

Screwbull Cross Wind ndash ldquoJrdquo Turn

82

Projectile CalculationWhen the distance of the target

INCREASES it effects

Velocity + Accuracy + Impact = Injury

83

Projectile CalculationWhen the distance of the target

DECREASES it effects

Velocity + Accuracy + Impact = Injury

84

Chapter 6

Target areas when using SIM

Blunt Trauma vs

Penetration Trauma

Blunt Traumabull The MAXIMUM desired effect of an impact munitions is

BLUNT TRAUMA - an impact from an object that leaves the body surface intact but may cause sufficient (non-life threatening) injury to distract control or incapacitate the subject

Stinger Round Injury

Pepperball Injury

Stinger Round Injury87

Types of Blunt Trauma Injuries

bull Abrasions - Skimming the surface skin area

bull Contusions - Injury to the brain

bull Lacerations - Partially hitting the skin surface from the side cutting the surface

88

Continued Blunt Trauma Injuriesbull Fractures - Primary injury when

munition strikes target are directly

bull Secondary injury when munitions strikes target area and causes the body to fall striking another surface indirectly

bull Concussion - Glancing blows or missed target or Falling or collapsing of the subject 89

Penetration Traumabull The unintended and most

undesirable outcome of an SIMS is penetration

bull SIMrsquos can cause Death or serious bodily injury

90

PenetrationPuncture ndash Entering the body

at arsquo90 degree angle breaking

thesurface of the skin

91

Target Areas

Unable to use a striking color baton chart

because the chart was used to identify areas of the body for impact and

injuries for striking a human which is MUCH less

force then deploying Specially Impact

Munitions92

Meat amp Muscle Areas

bull Primary target areas that when striking the human body will cause mild to intense pain with NO LONG LASTING INJURY

93

Primary Target Area ndash the target area

consisting of large muscle groupsbull Buttocks bull Thigh amp Calvesbull Lower Abdominal Areabull BicepsTricepsbull Forearm area

94

Meat amp Bone Areasbull Secondary target areas that when striking the human body will cause mild to intense pain with MINOR to LONG LASTING INJURY

95

Secondary target areas are skeletal areas ndash

preferred - may result in fractures

bull Shoulderbull Kneesbull Anklesbull Wrists bull Elbows

96

Bone amp Sensitive Areasbull Last resort target areas that when

striking the human body will cause intense pain with long lasting injury which MAY RESULT IN SERIOUS BODILY HARM WHICH MAY RESULT IN DEATH

97

Last Resort Target Area ndash the target area when

maximum effectiveness is desired to meet a level of

threat escalating to deadly force justification

bull Head amp Throatbull Chest (center mass)bull Solar plexusbull Groinbull Spinebull Lower back

98

99

100

Clothing

1 In colder climates where heavier clothing and jackets are worn rounds with higher energy capabilities will be required

2 In a case where the subject is lightly dressed pay close attention to munitions selection shot placement and engagement distance

3 In detention facilities and during civil disturbances the subjects may pad themselves in order to defeat the effects of SIM

101

Physical Stature and Condition ndash Is the subject heavy musculature or thin and skeletal age

1 250-pound muscular individual will more than likely be physiologically effected less than a 100-pound individual when both are struck in the sametarget area by SIM

2 The blunt trauma effects and the potential for penetration are much greater for the smallerperson 102

37MM Foam Baton-15 feet=WHOHOW12 ga Rubber Pellets HV- 22 feet= WHOHOW40MM Bean Bag-34 feet=WHOHOW

213

90 to 140 lbs 131 to 185 lbs 186 to 220 lbs (220 to 350+)

103

Immediate Surroundings 1Is there any person in the immediate area who

maybe at risk of a deflected or missed shot

2Identify your target backstop and beyond

104

Chapter 7

Intervention Options

THE FORCE CONTINUUM ndash WHEN TO USE SIMrsquos

bull Ladder of Forcebull Force Continuumbull Circle of Forcebull Force Modularbull Escalation of Force

106

107

OFFICER PRESENCE

bull Uniform Badge bull Dedicated Weapon Displayed

bull On a Slingbull Port Arms bull Ready Carry Position

108

Presence

109

Verbal Commands

bull Please stand over there bull Please sit down on the chairbull Stop put your hands downbull Ending with ldquoDo it nowrdquobull Professional Tone amp Attitude

110

NON-Verbal

111

Verbalization

112

SOFT PHYSICAL TECHNIQUES

bull Slight touching or guiding contact

bull Cupping an elbow to escort Lightly grabbing an arm or shoulder

bull AIMING WEAPON113

Aiming WeaponFinger OFF

Trigger

114

HARD PHYSICAL TECHNIQUES

bull Limb Control Techniquesbull Takedown Ground Stabilizationbull Dynamic Countermeasuresbull Impact Techniquesbull Electrical Devicesbull Hand held impact weapons bull Specialty Impact Munitions

115

Firing the Weapon116

DEADLY FORCE

bull Impact Weaponsbull SIM ndash Changing Aiming Point

bull Neck Restraintbull Firearm

117

Transitioning to

firearm

118

Chapter 8

Documentation

Documentationbull Collect all munitions expended and photographed when practical

ndashEvery CasingndashMark Misfired or Damaged rounds 120

Documentation

bull An inventory of munitions used and not used should be noted

ndashWhat was issued and went out

ndashWhat was fired and misfiredndashWhat was lost and not recovered 121

Documentation

bull A report should be written detailing the order in which the events occurred and the police actions that were required

122

Documentation

bull Report the effectiveness of the various types of SIMrsquos and their delivery systems

ndashWhat did I fire that didnrsquot

ndashWhat did I fire that did123

Documentationbull Document any injuries sustained and property damage incurred

ndashInjuries to SubjectndashOfficersndashBystanders

124

Documentationbull After the crowd has dispersed it

is necessary to move rapidly into the target area to remove lingering groups and to prevent the crowd from regrouping and continuing illegal activity

ndashFollow ThroughndashSecuring the Area

125

LIABILITY ISSUES

The court will decide whether the actions of the officers were

(1)Consistent with the limits set forth by the constitution federal and state laws

(2)Consistent with departmental policy and procedures

(3)Consistent with training the officer received to handle such situations

126

5 Important Questions to ASK

bull What was the distance angle and elevation

bull What was the construction of the round used

bull What was the size of the subjectbull What was the expected point of impactbull What was the training of the shooter

127

Questions the Court will ASK

(1) Look at the conduct of other officers who were present andor participated in the actions

(2) The conduct of supervisors who may have authorized the actions of officers

128

Questions the Court will ASK

(1) Were the actions of the officers consistent with their training

(2) Was the training adequate and acceptable by contemporary standards

If the officers were not trained does it amountto deliberate indifference on the part of the

agency 129

Was the actions of the officer

bull A trained techniquebull Was it a dynamic application of

the trained techniquebull Was it an untrained technique

justified under the circumstances

130

Case Law

Know your laws

Graham v Connor 490 US 386 (1989)

a The US Supreme Court case that defined the standard under which excessive force claims would be judged

(1) The standard established was that of objective reasonableness(2) Prior to this the standard was police behavior that shocks the conscienceldquo

bIn this case the court redefined and set forth a less subjective standard

132Copyrighted by Dave Young

1990

City of Canton v Harris 489 US 378 109 S Ct 1197 (1989)

a In this case a woman was arrested and did not receive necessary medical attention after a shift commander was made aware of her condition and decided she did not need medical attention

b Although on the face the City of Canton policy addressed medical issues they were grossly negligent in that they did not provide the shift commanders with the proper training to make such decisions 133

Copyrighted by Dave Young 1990

City of Canton v Harris 489 US 378 109 S Ct 1197 (1989)

c There were many issues that emerged from this case however the primary issue was that of failure to train on the part of the city That negligence amounted to being deliberately in different to the rights of the plaintiff

The implications of Canton v Harris can also go beyond training issues however the burden of proving the Standard of deliberate indifference is on the plaintiff and not easy to prove

d Court Recommendation The duties that officers are assigned to perform must be accompanied with adequate training to perform that function

134Copyrighted by Dave Young

1990

ONeal v DeKalb County GA 850 F2d 653 (11th Cir 1988)

a A mental subject stabbed 7 people before being confronted by the police After repeatedly ordering the subject to drop the knife and lay on the floor the subject rushed the officers and was shot to death

b The court ruled that the use of deadly force instead of non-lethal force against a knife wielding suspect was not malicious or unreasonable therefore not actionable by the plaintiffs

135Copyrighted by Dave Young

1990

Plakas v Drinski 19 F3rd 1143 (7th Cir 1994) cert Denied 115 S Ct 81 (1994)

This case involved the shooting of a suspect who was

wielding a fire poker When the officer attempted to

arrest him he charged the officer with the fire poker and

was shot by police

(1)Plaintiffs who sued on behalf of the deceased claimed the officer did not use other means of force available to him at that time listing disabling chemical spray a police dog and distance

136Copyrighted by Dave Young

1990

Plakas v Drinski 19 F3rd 1143 (7th Cir 1994) cert Denied 115 SCt 81 (1994)

(2) The court stated ldquothat to permit every jury in this type of case to hear expert testimony that the defendant would have been uninjured if only the police had been able to use disabling gas or a capture net or a electrical device

(a)A municipality is liable because it failed to buy this equipment

(b)The Constitution does not enact a police administratorrsquos

equipment listlsquordquo

(c) The court ruled that there is no legal precedent that requires an officer to utilize alternatives to deadly force

137Copyrighted by Dave Young

1990

Davis v Mason County 927 F2d 1473 (9th Cir 1991)

aThe court ruled that the department had adequate training on the technical components of the use of force but did not have adequate training on the constitutional limits of the use of force in effecting arrests

138Copyrighted by Dave Young

1990

Davis v Mason County 927 F2d 1473 (9th Cir 1991)

b In other words the officers were trained on the how but not on the why and when the force is appropriate

c Court Recommendation Training should include confrontational scenarios of situations that require decision making then articulation by the officer as to the justification for the force used or not used

139Copyrighted by Dave Young

1990

Quezada v County of Bernalillo 944 F2d 710 (10th Cir 1991)

a The court ruled that an officer might be held liable for putting himself in a situation that requires him to use deadly force against an armed suicidal person

b This case involved an officer who left a position of cover to confront a suicidal subject

140Copyrighted by Dave Young

1990

141

Dave YoungFounder amp Director

ARMA Training

Website wwwarmatrainingcom772-913-1615

copyrighted by Dave Young 1994

51

Hit with 40MM Spin Stabilized Round 45 feet from Barrel

Notice no rip or tear in clothing

52

Hit with 40 MM Sponge Round 30 feet from Barrel

Within 3 days of being hit

1 hours after being hit

Shooter Sgt Don WeiderLexington SCSheriffrsquos Office

53

Stinger Balls Additional Information

CS ndash CN Powder Filled Launched or Thrown 31 Caliber (approximately 180

RBrsquos)

15 Sec Time delay

54

12 Gauge Rubber Pellets

Description - Cartridge 12ga Sting Balltradereg

Type - Multiple Projectile Rubber Pellets

Velocity - 400 ftsec (Avg) Maximum Effective Range - 50 feetProjectiles - 18 (average)

High Energy Rounds 37 or 40MM Multiple Wooded Baton 37 or 40MM Multiple Rubber Baton 37 or 40MM Bean Bag round 40MM Spin Stabilized FoamSponge

Round 12 Gauge Single 4560 Cal Ball Round 12 Gauge Bean Bag Round

55

56

3740 MM Wooded Baton Rounds

3740 MM

55 or 8 Inch Casings

BlackSmokeless Powder

35 Baton Rounds

57

3740 MM Interlocking Rubber Baton

3740 MM

55 or 8 Inch Casings

BlackSmokeless Powder

35 Baton Rounds

58

3740 MM Mono Rubber Baton

3740 MM

55 or 8 Inch Casings

BlackSmokeless Powder

Single Baton Round

59

3740 MM Pen-Prevent or Super ldquoSOCrdquo Bean Bag Round

Additional Information

Black PowderSmokeless

Glass BeadsSilica Sand Lead Pelts

Aerodynamic or Non-Aerodynamic

60

40MM Spin Stabilized Foam Rounds

Additional Information 40MM Sponge Round Smokeless Delivery System 48 inch casing Most accurate round to date Special Nylon Casing

Only round which can be

effectively fired in all 5 ZONES

61

12 Gauge High Velocity - Rubber Pellets

Description - Cartridge 12ga Sting Balltrade HVreg

Type - Multiple Projectile Rubber Pellets

Velocity - 900 ftsec (Avg) Maximum Effective Range - 60 feet

Projectiles - 18 (average)

62

12 Gauge High Velocity - Tri-Dent 3 Rubber Ball

Description - Cartridge 12ga Sting Balltrade HVreg

Type - Multiple Projectile Rubber Balls

Velocity - 900 ftsec (Avg) Maximum Effective Range - 60 feet

Projectiles - 3

63

12 Gauge ldquoPen Preventrdquo Bean Bag Round

bull Projectile Weight - 40 gmbull Material - Shot filled Ballistic Fiber Reinforced flexible sock

bull Terminal Velocity - 280 fps (average) at 10 yardsreg

bull Accuracy - 4rdquo or better at 40 yards using a cylinder bore Remington 870

64

Categories of Rounds bull Flexible ndash Generally conforms to

surface it hits

bull Non-Flexible - Generally doesnrsquot conforms to surface it hits

bull Ridged ndash Generally shatters or bounces off surface it comes into contact with

65

Chapter 3

Angles of Fire

Angles of Fire Defined as the

aiming point with a

designated round for maximum accuracy

67

Direct Angle bull Direct ndash Directly aimed into the target area

68

TARGET

Indirect Anglebull Indirect ndash Skipped into the target area (Usually 3-6 feet based on terrain)

69

TARGET

Low Angle

bull Low Angle ndash Aimed just outside of point of aim point of impact distance

70

TARGET

High Angle

bull High Angle ndash Aimed in a high arch into target area

71

TARGET

Chapter 4

Cause and Effect

Cause amp Effect of Rounds

bull Mental - Discuss

bull Physical - Discuss

73

Mental Effectsbull Specialty Impact Munitions have a

tremendous MENTAL effect on an individual In many cases the mental effects may far outweigh the physical effects and be the determining factor in the subjectrsquos response or time of incapacitation or distraction ldquoA fear of being shotrdquo

74

Anxietybull The action of pointing a firearm directly at

an individual andor actually firing a projectile

bull The pain and at times the appearance of

the injury may reinforce this belief

bull Instructor Note Can be addressed through training

75

Fearbull Arouses connotations and a fear of having been

shot with a firearm SIMS may cause a powerful mental distraction

bull Mentally the subject must cope with the physiological pain that the body feels

bull Instructor Note Can be addressed through personal experience

76

Panicbull Panic is not a desirable response due to having

less control of the subject or crowd

bull The impact is likely to create fear which may create a fight or flight response

bull Crowds may scatter rendering the intended escape route useless

bull Instructor Note LEAST DESIREABLE RESPONSE

77

Chapter 5

Primary vs Secondary Injuries

Primary vs Secondary Injury

Primary Injury

bull An injury directly caused by the use of force tool use

80

Secondary Injurybull An injury indirectly caused by

the use of force tool use

bull Either from resistance from subject or another officer and or environmental surroundings

81

Flight of a projectile

bull Once leaving barrel seeks equal weight distribution ndash Pan Cakes Saucer Spin

bull Head Wind ndash Round May Dive or Risebull Tail Wind ndash Round may Float or Cork

Screwbull Cross Wind ndash ldquoJrdquo Turn

82

Projectile CalculationWhen the distance of the target

INCREASES it effects

Velocity + Accuracy + Impact = Injury

83

Projectile CalculationWhen the distance of the target

DECREASES it effects

Velocity + Accuracy + Impact = Injury

84

Chapter 6

Target areas when using SIM

Blunt Trauma vs

Penetration Trauma

Blunt Traumabull The MAXIMUM desired effect of an impact munitions is

BLUNT TRAUMA - an impact from an object that leaves the body surface intact but may cause sufficient (non-life threatening) injury to distract control or incapacitate the subject

Stinger Round Injury

Pepperball Injury

Stinger Round Injury87

Types of Blunt Trauma Injuries

bull Abrasions - Skimming the surface skin area

bull Contusions - Injury to the brain

bull Lacerations - Partially hitting the skin surface from the side cutting the surface

88

Continued Blunt Trauma Injuriesbull Fractures - Primary injury when

munition strikes target are directly

bull Secondary injury when munitions strikes target area and causes the body to fall striking another surface indirectly

bull Concussion - Glancing blows or missed target or Falling or collapsing of the subject 89

Penetration Traumabull The unintended and most

undesirable outcome of an SIMS is penetration

bull SIMrsquos can cause Death or serious bodily injury

90

PenetrationPuncture ndash Entering the body

at arsquo90 degree angle breaking

thesurface of the skin

91

Target Areas

Unable to use a striking color baton chart

because the chart was used to identify areas of the body for impact and

injuries for striking a human which is MUCH less

force then deploying Specially Impact

Munitions92

Meat amp Muscle Areas

bull Primary target areas that when striking the human body will cause mild to intense pain with NO LONG LASTING INJURY

93

Primary Target Area ndash the target area

consisting of large muscle groupsbull Buttocks bull Thigh amp Calvesbull Lower Abdominal Areabull BicepsTricepsbull Forearm area

94

Meat amp Bone Areasbull Secondary target areas that when striking the human body will cause mild to intense pain with MINOR to LONG LASTING INJURY

95

Secondary target areas are skeletal areas ndash

preferred - may result in fractures

bull Shoulderbull Kneesbull Anklesbull Wrists bull Elbows

96

Bone amp Sensitive Areasbull Last resort target areas that when

striking the human body will cause intense pain with long lasting injury which MAY RESULT IN SERIOUS BODILY HARM WHICH MAY RESULT IN DEATH

97

Last Resort Target Area ndash the target area when

maximum effectiveness is desired to meet a level of

threat escalating to deadly force justification

bull Head amp Throatbull Chest (center mass)bull Solar plexusbull Groinbull Spinebull Lower back

98

99

100

Clothing

1 In colder climates where heavier clothing and jackets are worn rounds with higher energy capabilities will be required

2 In a case where the subject is lightly dressed pay close attention to munitions selection shot placement and engagement distance

3 In detention facilities and during civil disturbances the subjects may pad themselves in order to defeat the effects of SIM

101

Physical Stature and Condition ndash Is the subject heavy musculature or thin and skeletal age

1 250-pound muscular individual will more than likely be physiologically effected less than a 100-pound individual when both are struck in the sametarget area by SIM

2 The blunt trauma effects and the potential for penetration are much greater for the smallerperson 102

37MM Foam Baton-15 feet=WHOHOW12 ga Rubber Pellets HV- 22 feet= WHOHOW40MM Bean Bag-34 feet=WHOHOW

213

90 to 140 lbs 131 to 185 lbs 186 to 220 lbs (220 to 350+)

103

Immediate Surroundings 1Is there any person in the immediate area who

maybe at risk of a deflected or missed shot

2Identify your target backstop and beyond

104

Chapter 7

Intervention Options

THE FORCE CONTINUUM ndash WHEN TO USE SIMrsquos

bull Ladder of Forcebull Force Continuumbull Circle of Forcebull Force Modularbull Escalation of Force

106

107

OFFICER PRESENCE

bull Uniform Badge bull Dedicated Weapon Displayed

bull On a Slingbull Port Arms bull Ready Carry Position

108

Presence

109

Verbal Commands

bull Please stand over there bull Please sit down on the chairbull Stop put your hands downbull Ending with ldquoDo it nowrdquobull Professional Tone amp Attitude

110

NON-Verbal

111

Verbalization

112

SOFT PHYSICAL TECHNIQUES

bull Slight touching or guiding contact

bull Cupping an elbow to escort Lightly grabbing an arm or shoulder

bull AIMING WEAPON113

Aiming WeaponFinger OFF

Trigger

114

HARD PHYSICAL TECHNIQUES

bull Limb Control Techniquesbull Takedown Ground Stabilizationbull Dynamic Countermeasuresbull Impact Techniquesbull Electrical Devicesbull Hand held impact weapons bull Specialty Impact Munitions

115

Firing the Weapon116

DEADLY FORCE

bull Impact Weaponsbull SIM ndash Changing Aiming Point

bull Neck Restraintbull Firearm

117

Transitioning to

firearm

118

Chapter 8

Documentation

Documentationbull Collect all munitions expended and photographed when practical

ndashEvery CasingndashMark Misfired or Damaged rounds 120

Documentation

bull An inventory of munitions used and not used should be noted

ndashWhat was issued and went out

ndashWhat was fired and misfiredndashWhat was lost and not recovered 121

Documentation

bull A report should be written detailing the order in which the events occurred and the police actions that were required

122

Documentation

bull Report the effectiveness of the various types of SIMrsquos and their delivery systems

ndashWhat did I fire that didnrsquot

ndashWhat did I fire that did123

Documentationbull Document any injuries sustained and property damage incurred

ndashInjuries to SubjectndashOfficersndashBystanders

124

Documentationbull After the crowd has dispersed it

is necessary to move rapidly into the target area to remove lingering groups and to prevent the crowd from regrouping and continuing illegal activity

ndashFollow ThroughndashSecuring the Area

125

LIABILITY ISSUES

The court will decide whether the actions of the officers were

(1)Consistent with the limits set forth by the constitution federal and state laws

(2)Consistent with departmental policy and procedures

(3)Consistent with training the officer received to handle such situations

126

5 Important Questions to ASK

bull What was the distance angle and elevation

bull What was the construction of the round used

bull What was the size of the subjectbull What was the expected point of impactbull What was the training of the shooter

127

Questions the Court will ASK

(1) Look at the conduct of other officers who were present andor participated in the actions

(2) The conduct of supervisors who may have authorized the actions of officers

128

Questions the Court will ASK

(1) Were the actions of the officers consistent with their training

(2) Was the training adequate and acceptable by contemporary standards

If the officers were not trained does it amountto deliberate indifference on the part of the

agency 129

Was the actions of the officer

bull A trained techniquebull Was it a dynamic application of

the trained techniquebull Was it an untrained technique

justified under the circumstances

130

Case Law

Know your laws

Graham v Connor 490 US 386 (1989)

a The US Supreme Court case that defined the standard under which excessive force claims would be judged

(1) The standard established was that of objective reasonableness(2) Prior to this the standard was police behavior that shocks the conscienceldquo

bIn this case the court redefined and set forth a less subjective standard

132Copyrighted by Dave Young

1990

City of Canton v Harris 489 US 378 109 S Ct 1197 (1989)

a In this case a woman was arrested and did not receive necessary medical attention after a shift commander was made aware of her condition and decided she did not need medical attention

b Although on the face the City of Canton policy addressed medical issues they were grossly negligent in that they did not provide the shift commanders with the proper training to make such decisions 133

Copyrighted by Dave Young 1990

City of Canton v Harris 489 US 378 109 S Ct 1197 (1989)

c There were many issues that emerged from this case however the primary issue was that of failure to train on the part of the city That negligence amounted to being deliberately in different to the rights of the plaintiff

The implications of Canton v Harris can also go beyond training issues however the burden of proving the Standard of deliberate indifference is on the plaintiff and not easy to prove

d Court Recommendation The duties that officers are assigned to perform must be accompanied with adequate training to perform that function

134Copyrighted by Dave Young

1990

ONeal v DeKalb County GA 850 F2d 653 (11th Cir 1988)

a A mental subject stabbed 7 people before being confronted by the police After repeatedly ordering the subject to drop the knife and lay on the floor the subject rushed the officers and was shot to death

b The court ruled that the use of deadly force instead of non-lethal force against a knife wielding suspect was not malicious or unreasonable therefore not actionable by the plaintiffs

135Copyrighted by Dave Young

1990

Plakas v Drinski 19 F3rd 1143 (7th Cir 1994) cert Denied 115 S Ct 81 (1994)

This case involved the shooting of a suspect who was

wielding a fire poker When the officer attempted to

arrest him he charged the officer with the fire poker and

was shot by police

(1)Plaintiffs who sued on behalf of the deceased claimed the officer did not use other means of force available to him at that time listing disabling chemical spray a police dog and distance

136Copyrighted by Dave Young

1990

Plakas v Drinski 19 F3rd 1143 (7th Cir 1994) cert Denied 115 SCt 81 (1994)

(2) The court stated ldquothat to permit every jury in this type of case to hear expert testimony that the defendant would have been uninjured if only the police had been able to use disabling gas or a capture net or a electrical device

(a)A municipality is liable because it failed to buy this equipment

(b)The Constitution does not enact a police administratorrsquos

equipment listlsquordquo

(c) The court ruled that there is no legal precedent that requires an officer to utilize alternatives to deadly force

137Copyrighted by Dave Young

1990

Davis v Mason County 927 F2d 1473 (9th Cir 1991)

aThe court ruled that the department had adequate training on the technical components of the use of force but did not have adequate training on the constitutional limits of the use of force in effecting arrests

138Copyrighted by Dave Young

1990

Davis v Mason County 927 F2d 1473 (9th Cir 1991)

b In other words the officers were trained on the how but not on the why and when the force is appropriate

c Court Recommendation Training should include confrontational scenarios of situations that require decision making then articulation by the officer as to the justification for the force used or not used

139Copyrighted by Dave Young

1990

Quezada v County of Bernalillo 944 F2d 710 (10th Cir 1991)

a The court ruled that an officer might be held liable for putting himself in a situation that requires him to use deadly force against an armed suicidal person

b This case involved an officer who left a position of cover to confront a suicidal subject

140Copyrighted by Dave Young

1990

141

Dave YoungFounder amp Director

ARMA Training

Website wwwarmatrainingcom772-913-1615

copyrighted by Dave Young 1994

52

Hit with 40 MM Sponge Round 30 feet from Barrel

Within 3 days of being hit

1 hours after being hit

Shooter Sgt Don WeiderLexington SCSheriffrsquos Office

53

Stinger Balls Additional Information

CS ndash CN Powder Filled Launched or Thrown 31 Caliber (approximately 180

RBrsquos)

15 Sec Time delay

54

12 Gauge Rubber Pellets

Description - Cartridge 12ga Sting Balltradereg

Type - Multiple Projectile Rubber Pellets

Velocity - 400 ftsec (Avg) Maximum Effective Range - 50 feetProjectiles - 18 (average)

High Energy Rounds 37 or 40MM Multiple Wooded Baton 37 or 40MM Multiple Rubber Baton 37 or 40MM Bean Bag round 40MM Spin Stabilized FoamSponge

Round 12 Gauge Single 4560 Cal Ball Round 12 Gauge Bean Bag Round

55

56

3740 MM Wooded Baton Rounds

3740 MM

55 or 8 Inch Casings

BlackSmokeless Powder

35 Baton Rounds

57

3740 MM Interlocking Rubber Baton

3740 MM

55 or 8 Inch Casings

BlackSmokeless Powder

35 Baton Rounds

58

3740 MM Mono Rubber Baton

3740 MM

55 or 8 Inch Casings

BlackSmokeless Powder

Single Baton Round

59

3740 MM Pen-Prevent or Super ldquoSOCrdquo Bean Bag Round

Additional Information

Black PowderSmokeless

Glass BeadsSilica Sand Lead Pelts

Aerodynamic or Non-Aerodynamic

60

40MM Spin Stabilized Foam Rounds

Additional Information 40MM Sponge Round Smokeless Delivery System 48 inch casing Most accurate round to date Special Nylon Casing

Only round which can be

effectively fired in all 5 ZONES

61

12 Gauge High Velocity - Rubber Pellets

Description - Cartridge 12ga Sting Balltrade HVreg

Type - Multiple Projectile Rubber Pellets

Velocity - 900 ftsec (Avg) Maximum Effective Range - 60 feet

Projectiles - 18 (average)

62

12 Gauge High Velocity - Tri-Dent 3 Rubber Ball

Description - Cartridge 12ga Sting Balltrade HVreg

Type - Multiple Projectile Rubber Balls

Velocity - 900 ftsec (Avg) Maximum Effective Range - 60 feet

Projectiles - 3

63

12 Gauge ldquoPen Preventrdquo Bean Bag Round

bull Projectile Weight - 40 gmbull Material - Shot filled Ballistic Fiber Reinforced flexible sock

bull Terminal Velocity - 280 fps (average) at 10 yardsreg

bull Accuracy - 4rdquo or better at 40 yards using a cylinder bore Remington 870

64

Categories of Rounds bull Flexible ndash Generally conforms to

surface it hits

bull Non-Flexible - Generally doesnrsquot conforms to surface it hits

bull Ridged ndash Generally shatters or bounces off surface it comes into contact with

65

Chapter 3

Angles of Fire

Angles of Fire Defined as the

aiming point with a

designated round for maximum accuracy

67

Direct Angle bull Direct ndash Directly aimed into the target area

68

TARGET

Indirect Anglebull Indirect ndash Skipped into the target area (Usually 3-6 feet based on terrain)

69

TARGET

Low Angle

bull Low Angle ndash Aimed just outside of point of aim point of impact distance

70

TARGET

High Angle

bull High Angle ndash Aimed in a high arch into target area

71

TARGET

Chapter 4

Cause and Effect

Cause amp Effect of Rounds

bull Mental - Discuss

bull Physical - Discuss

73

Mental Effectsbull Specialty Impact Munitions have a

tremendous MENTAL effect on an individual In many cases the mental effects may far outweigh the physical effects and be the determining factor in the subjectrsquos response or time of incapacitation or distraction ldquoA fear of being shotrdquo

74

Anxietybull The action of pointing a firearm directly at

an individual andor actually firing a projectile

bull The pain and at times the appearance of

the injury may reinforce this belief

bull Instructor Note Can be addressed through training

75

Fearbull Arouses connotations and a fear of having been

shot with a firearm SIMS may cause a powerful mental distraction

bull Mentally the subject must cope with the physiological pain that the body feels

bull Instructor Note Can be addressed through personal experience

76

Panicbull Panic is not a desirable response due to having

less control of the subject or crowd

bull The impact is likely to create fear which may create a fight or flight response

bull Crowds may scatter rendering the intended escape route useless

bull Instructor Note LEAST DESIREABLE RESPONSE

77

Chapter 5

Primary vs Secondary Injuries

Primary vs Secondary Injury

Primary Injury

bull An injury directly caused by the use of force tool use

80

Secondary Injurybull An injury indirectly caused by

the use of force tool use

bull Either from resistance from subject or another officer and or environmental surroundings

81

Flight of a projectile

bull Once leaving barrel seeks equal weight distribution ndash Pan Cakes Saucer Spin

bull Head Wind ndash Round May Dive or Risebull Tail Wind ndash Round may Float or Cork

Screwbull Cross Wind ndash ldquoJrdquo Turn

82

Projectile CalculationWhen the distance of the target

INCREASES it effects

Velocity + Accuracy + Impact = Injury

83

Projectile CalculationWhen the distance of the target

DECREASES it effects

Velocity + Accuracy + Impact = Injury

84

Chapter 6

Target areas when using SIM

Blunt Trauma vs

Penetration Trauma

Blunt Traumabull The MAXIMUM desired effect of an impact munitions is

BLUNT TRAUMA - an impact from an object that leaves the body surface intact but may cause sufficient (non-life threatening) injury to distract control or incapacitate the subject

Stinger Round Injury

Pepperball Injury

Stinger Round Injury87

Types of Blunt Trauma Injuries

bull Abrasions - Skimming the surface skin area

bull Contusions - Injury to the brain

bull Lacerations - Partially hitting the skin surface from the side cutting the surface

88

Continued Blunt Trauma Injuriesbull Fractures - Primary injury when

munition strikes target are directly

bull Secondary injury when munitions strikes target area and causes the body to fall striking another surface indirectly

bull Concussion - Glancing blows or missed target or Falling or collapsing of the subject 89

Penetration Traumabull The unintended and most

undesirable outcome of an SIMS is penetration

bull SIMrsquos can cause Death or serious bodily injury

90

PenetrationPuncture ndash Entering the body

at arsquo90 degree angle breaking

thesurface of the skin

91

Target Areas

Unable to use a striking color baton chart

because the chart was used to identify areas of the body for impact and

injuries for striking a human which is MUCH less

force then deploying Specially Impact

Munitions92

Meat amp Muscle Areas

bull Primary target areas that when striking the human body will cause mild to intense pain with NO LONG LASTING INJURY

93

Primary Target Area ndash the target area

consisting of large muscle groupsbull Buttocks bull Thigh amp Calvesbull Lower Abdominal Areabull BicepsTricepsbull Forearm area

94

Meat amp Bone Areasbull Secondary target areas that when striking the human body will cause mild to intense pain with MINOR to LONG LASTING INJURY

95

Secondary target areas are skeletal areas ndash

preferred - may result in fractures

bull Shoulderbull Kneesbull Anklesbull Wrists bull Elbows

96

Bone amp Sensitive Areasbull Last resort target areas that when

striking the human body will cause intense pain with long lasting injury which MAY RESULT IN SERIOUS BODILY HARM WHICH MAY RESULT IN DEATH

97

Last Resort Target Area ndash the target area when

maximum effectiveness is desired to meet a level of

threat escalating to deadly force justification

bull Head amp Throatbull Chest (center mass)bull Solar plexusbull Groinbull Spinebull Lower back

98

99

100

Clothing

1 In colder climates where heavier clothing and jackets are worn rounds with higher energy capabilities will be required

2 In a case where the subject is lightly dressed pay close attention to munitions selection shot placement and engagement distance

3 In detention facilities and during civil disturbances the subjects may pad themselves in order to defeat the effects of SIM

101

Physical Stature and Condition ndash Is the subject heavy musculature or thin and skeletal age

1 250-pound muscular individual will more than likely be physiologically effected less than a 100-pound individual when both are struck in the sametarget area by SIM

2 The blunt trauma effects and the potential for penetration are much greater for the smallerperson 102

37MM Foam Baton-15 feet=WHOHOW12 ga Rubber Pellets HV- 22 feet= WHOHOW40MM Bean Bag-34 feet=WHOHOW

213

90 to 140 lbs 131 to 185 lbs 186 to 220 lbs (220 to 350+)

103

Immediate Surroundings 1Is there any person in the immediate area who

maybe at risk of a deflected or missed shot

2Identify your target backstop and beyond

104

Chapter 7

Intervention Options

THE FORCE CONTINUUM ndash WHEN TO USE SIMrsquos

bull Ladder of Forcebull Force Continuumbull Circle of Forcebull Force Modularbull Escalation of Force

106

107

OFFICER PRESENCE

bull Uniform Badge bull Dedicated Weapon Displayed

bull On a Slingbull Port Arms bull Ready Carry Position

108

Presence

109

Verbal Commands

bull Please stand over there bull Please sit down on the chairbull Stop put your hands downbull Ending with ldquoDo it nowrdquobull Professional Tone amp Attitude

110

NON-Verbal

111

Verbalization

112

SOFT PHYSICAL TECHNIQUES

bull Slight touching or guiding contact

bull Cupping an elbow to escort Lightly grabbing an arm or shoulder

bull AIMING WEAPON113

Aiming WeaponFinger OFF

Trigger

114

HARD PHYSICAL TECHNIQUES

bull Limb Control Techniquesbull Takedown Ground Stabilizationbull Dynamic Countermeasuresbull Impact Techniquesbull Electrical Devicesbull Hand held impact weapons bull Specialty Impact Munitions

115

Firing the Weapon116

DEADLY FORCE

bull Impact Weaponsbull SIM ndash Changing Aiming Point

bull Neck Restraintbull Firearm

117

Transitioning to

firearm

118

Chapter 8

Documentation

Documentationbull Collect all munitions expended and photographed when practical

ndashEvery CasingndashMark Misfired or Damaged rounds 120

Documentation

bull An inventory of munitions used and not used should be noted

ndashWhat was issued and went out

ndashWhat was fired and misfiredndashWhat was lost and not recovered 121

Documentation

bull A report should be written detailing the order in which the events occurred and the police actions that were required

122

Documentation

bull Report the effectiveness of the various types of SIMrsquos and their delivery systems

ndashWhat did I fire that didnrsquot

ndashWhat did I fire that did123

Documentationbull Document any injuries sustained and property damage incurred

ndashInjuries to SubjectndashOfficersndashBystanders

124

Documentationbull After the crowd has dispersed it

is necessary to move rapidly into the target area to remove lingering groups and to prevent the crowd from regrouping and continuing illegal activity

ndashFollow ThroughndashSecuring the Area

125

LIABILITY ISSUES

The court will decide whether the actions of the officers were

(1)Consistent with the limits set forth by the constitution federal and state laws

(2)Consistent with departmental policy and procedures

(3)Consistent with training the officer received to handle such situations

126

5 Important Questions to ASK

bull What was the distance angle and elevation

bull What was the construction of the round used

bull What was the size of the subjectbull What was the expected point of impactbull What was the training of the shooter

127

Questions the Court will ASK

(1) Look at the conduct of other officers who were present andor participated in the actions

(2) The conduct of supervisors who may have authorized the actions of officers

128

Questions the Court will ASK

(1) Were the actions of the officers consistent with their training

(2) Was the training adequate and acceptable by contemporary standards

If the officers were not trained does it amountto deliberate indifference on the part of the

agency 129

Was the actions of the officer

bull A trained techniquebull Was it a dynamic application of

the trained techniquebull Was it an untrained technique

justified under the circumstances

130

Case Law

Know your laws

Graham v Connor 490 US 386 (1989)

a The US Supreme Court case that defined the standard under which excessive force claims would be judged

(1) The standard established was that of objective reasonableness(2) Prior to this the standard was police behavior that shocks the conscienceldquo

bIn this case the court redefined and set forth a less subjective standard

132Copyrighted by Dave Young

1990

City of Canton v Harris 489 US 378 109 S Ct 1197 (1989)

a In this case a woman was arrested and did not receive necessary medical attention after a shift commander was made aware of her condition and decided she did not need medical attention

b Although on the face the City of Canton policy addressed medical issues they were grossly negligent in that they did not provide the shift commanders with the proper training to make such decisions 133

Copyrighted by Dave Young 1990

City of Canton v Harris 489 US 378 109 S Ct 1197 (1989)

c There were many issues that emerged from this case however the primary issue was that of failure to train on the part of the city That negligence amounted to being deliberately in different to the rights of the plaintiff

The implications of Canton v Harris can also go beyond training issues however the burden of proving the Standard of deliberate indifference is on the plaintiff and not easy to prove

d Court Recommendation The duties that officers are assigned to perform must be accompanied with adequate training to perform that function

134Copyrighted by Dave Young

1990

ONeal v DeKalb County GA 850 F2d 653 (11th Cir 1988)

a A mental subject stabbed 7 people before being confronted by the police After repeatedly ordering the subject to drop the knife and lay on the floor the subject rushed the officers and was shot to death

b The court ruled that the use of deadly force instead of non-lethal force against a knife wielding suspect was not malicious or unreasonable therefore not actionable by the plaintiffs

135Copyrighted by Dave Young

1990

Plakas v Drinski 19 F3rd 1143 (7th Cir 1994) cert Denied 115 S Ct 81 (1994)

This case involved the shooting of a suspect who was

wielding a fire poker When the officer attempted to

arrest him he charged the officer with the fire poker and

was shot by police

(1)Plaintiffs who sued on behalf of the deceased claimed the officer did not use other means of force available to him at that time listing disabling chemical spray a police dog and distance

136Copyrighted by Dave Young

1990

Plakas v Drinski 19 F3rd 1143 (7th Cir 1994) cert Denied 115 SCt 81 (1994)

(2) The court stated ldquothat to permit every jury in this type of case to hear expert testimony that the defendant would have been uninjured if only the police had been able to use disabling gas or a capture net or a electrical device

(a)A municipality is liable because it failed to buy this equipment

(b)The Constitution does not enact a police administratorrsquos

equipment listlsquordquo

(c) The court ruled that there is no legal precedent that requires an officer to utilize alternatives to deadly force

137Copyrighted by Dave Young

1990

Davis v Mason County 927 F2d 1473 (9th Cir 1991)

aThe court ruled that the department had adequate training on the technical components of the use of force but did not have adequate training on the constitutional limits of the use of force in effecting arrests

138Copyrighted by Dave Young

1990

Davis v Mason County 927 F2d 1473 (9th Cir 1991)

b In other words the officers were trained on the how but not on the why and when the force is appropriate

c Court Recommendation Training should include confrontational scenarios of situations that require decision making then articulation by the officer as to the justification for the force used or not used

139Copyrighted by Dave Young

1990

Quezada v County of Bernalillo 944 F2d 710 (10th Cir 1991)

a The court ruled that an officer might be held liable for putting himself in a situation that requires him to use deadly force against an armed suicidal person

b This case involved an officer who left a position of cover to confront a suicidal subject

140Copyrighted by Dave Young

1990

141

Dave YoungFounder amp Director

ARMA Training

Website wwwarmatrainingcom772-913-1615

copyrighted by Dave Young 1994

53

Stinger Balls Additional Information

CS ndash CN Powder Filled Launched or Thrown 31 Caliber (approximately 180

RBrsquos)

15 Sec Time delay

54

12 Gauge Rubber Pellets

Description - Cartridge 12ga Sting Balltradereg

Type - Multiple Projectile Rubber Pellets

Velocity - 400 ftsec (Avg) Maximum Effective Range - 50 feetProjectiles - 18 (average)

High Energy Rounds 37 or 40MM Multiple Wooded Baton 37 or 40MM Multiple Rubber Baton 37 or 40MM Bean Bag round 40MM Spin Stabilized FoamSponge

Round 12 Gauge Single 4560 Cal Ball Round 12 Gauge Bean Bag Round

55

56

3740 MM Wooded Baton Rounds

3740 MM

55 or 8 Inch Casings

BlackSmokeless Powder

35 Baton Rounds

57

3740 MM Interlocking Rubber Baton

3740 MM

55 or 8 Inch Casings

BlackSmokeless Powder

35 Baton Rounds

58

3740 MM Mono Rubber Baton

3740 MM

55 or 8 Inch Casings

BlackSmokeless Powder

Single Baton Round

59

3740 MM Pen-Prevent or Super ldquoSOCrdquo Bean Bag Round

Additional Information

Black PowderSmokeless

Glass BeadsSilica Sand Lead Pelts

Aerodynamic or Non-Aerodynamic

60

40MM Spin Stabilized Foam Rounds

Additional Information 40MM Sponge Round Smokeless Delivery System 48 inch casing Most accurate round to date Special Nylon Casing

Only round which can be

effectively fired in all 5 ZONES

61

12 Gauge High Velocity - Rubber Pellets

Description - Cartridge 12ga Sting Balltrade HVreg

Type - Multiple Projectile Rubber Pellets

Velocity - 900 ftsec (Avg) Maximum Effective Range - 60 feet

Projectiles - 18 (average)

62

12 Gauge High Velocity - Tri-Dent 3 Rubber Ball

Description - Cartridge 12ga Sting Balltrade HVreg

Type - Multiple Projectile Rubber Balls

Velocity - 900 ftsec (Avg) Maximum Effective Range - 60 feet

Projectiles - 3

63

12 Gauge ldquoPen Preventrdquo Bean Bag Round

bull Projectile Weight - 40 gmbull Material - Shot filled Ballistic Fiber Reinforced flexible sock

bull Terminal Velocity - 280 fps (average) at 10 yardsreg

bull Accuracy - 4rdquo or better at 40 yards using a cylinder bore Remington 870

64

Categories of Rounds bull Flexible ndash Generally conforms to

surface it hits

bull Non-Flexible - Generally doesnrsquot conforms to surface it hits

bull Ridged ndash Generally shatters or bounces off surface it comes into contact with

65

Chapter 3

Angles of Fire

Angles of Fire Defined as the

aiming point with a

designated round for maximum accuracy

67

Direct Angle bull Direct ndash Directly aimed into the target area

68

TARGET

Indirect Anglebull Indirect ndash Skipped into the target area (Usually 3-6 feet based on terrain)

69

TARGET

Low Angle

bull Low Angle ndash Aimed just outside of point of aim point of impact distance

70

TARGET

High Angle

bull High Angle ndash Aimed in a high arch into target area

71

TARGET

Chapter 4

Cause and Effect

Cause amp Effect of Rounds

bull Mental - Discuss

bull Physical - Discuss

73

Mental Effectsbull Specialty Impact Munitions have a

tremendous MENTAL effect on an individual In many cases the mental effects may far outweigh the physical effects and be the determining factor in the subjectrsquos response or time of incapacitation or distraction ldquoA fear of being shotrdquo

74

Anxietybull The action of pointing a firearm directly at

an individual andor actually firing a projectile

bull The pain and at times the appearance of

the injury may reinforce this belief

bull Instructor Note Can be addressed through training

75

Fearbull Arouses connotations and a fear of having been

shot with a firearm SIMS may cause a powerful mental distraction

bull Mentally the subject must cope with the physiological pain that the body feels

bull Instructor Note Can be addressed through personal experience

76

Panicbull Panic is not a desirable response due to having

less control of the subject or crowd

bull The impact is likely to create fear which may create a fight or flight response

bull Crowds may scatter rendering the intended escape route useless

bull Instructor Note LEAST DESIREABLE RESPONSE

77

Chapter 5

Primary vs Secondary Injuries

Primary vs Secondary Injury

Primary Injury

bull An injury directly caused by the use of force tool use

80

Secondary Injurybull An injury indirectly caused by

the use of force tool use

bull Either from resistance from subject or another officer and or environmental surroundings

81

Flight of a projectile

bull Once leaving barrel seeks equal weight distribution ndash Pan Cakes Saucer Spin

bull Head Wind ndash Round May Dive or Risebull Tail Wind ndash Round may Float or Cork

Screwbull Cross Wind ndash ldquoJrdquo Turn

82

Projectile CalculationWhen the distance of the target

INCREASES it effects

Velocity + Accuracy + Impact = Injury

83

Projectile CalculationWhen the distance of the target

DECREASES it effects

Velocity + Accuracy + Impact = Injury

84

Chapter 6

Target areas when using SIM

Blunt Trauma vs

Penetration Trauma

Blunt Traumabull The MAXIMUM desired effect of an impact munitions is

BLUNT TRAUMA - an impact from an object that leaves the body surface intact but may cause sufficient (non-life threatening) injury to distract control or incapacitate the subject

Stinger Round Injury

Pepperball Injury

Stinger Round Injury87

Types of Blunt Trauma Injuries

bull Abrasions - Skimming the surface skin area

bull Contusions - Injury to the brain

bull Lacerations - Partially hitting the skin surface from the side cutting the surface

88

Continued Blunt Trauma Injuriesbull Fractures - Primary injury when

munition strikes target are directly

bull Secondary injury when munitions strikes target area and causes the body to fall striking another surface indirectly

bull Concussion - Glancing blows or missed target or Falling or collapsing of the subject 89

Penetration Traumabull The unintended and most

undesirable outcome of an SIMS is penetration

bull SIMrsquos can cause Death or serious bodily injury

90

PenetrationPuncture ndash Entering the body

at arsquo90 degree angle breaking

thesurface of the skin

91

Target Areas

Unable to use a striking color baton chart

because the chart was used to identify areas of the body for impact and

injuries for striking a human which is MUCH less

force then deploying Specially Impact

Munitions92

Meat amp Muscle Areas

bull Primary target areas that when striking the human body will cause mild to intense pain with NO LONG LASTING INJURY

93

Primary Target Area ndash the target area

consisting of large muscle groupsbull Buttocks bull Thigh amp Calvesbull Lower Abdominal Areabull BicepsTricepsbull Forearm area

94

Meat amp Bone Areasbull Secondary target areas that when striking the human body will cause mild to intense pain with MINOR to LONG LASTING INJURY

95

Secondary target areas are skeletal areas ndash

preferred - may result in fractures

bull Shoulderbull Kneesbull Anklesbull Wrists bull Elbows

96

Bone amp Sensitive Areasbull Last resort target areas that when

striking the human body will cause intense pain with long lasting injury which MAY RESULT IN SERIOUS BODILY HARM WHICH MAY RESULT IN DEATH

97

Last Resort Target Area ndash the target area when

maximum effectiveness is desired to meet a level of

threat escalating to deadly force justification

bull Head amp Throatbull Chest (center mass)bull Solar plexusbull Groinbull Spinebull Lower back

98

99

100

Clothing

1 In colder climates where heavier clothing and jackets are worn rounds with higher energy capabilities will be required

2 In a case where the subject is lightly dressed pay close attention to munitions selection shot placement and engagement distance

3 In detention facilities and during civil disturbances the subjects may pad themselves in order to defeat the effects of SIM

101

Physical Stature and Condition ndash Is the subject heavy musculature or thin and skeletal age

1 250-pound muscular individual will more than likely be physiologically effected less than a 100-pound individual when both are struck in the sametarget area by SIM

2 The blunt trauma effects and the potential for penetration are much greater for the smallerperson 102

37MM Foam Baton-15 feet=WHOHOW12 ga Rubber Pellets HV- 22 feet= WHOHOW40MM Bean Bag-34 feet=WHOHOW

213

90 to 140 lbs 131 to 185 lbs 186 to 220 lbs (220 to 350+)

103

Immediate Surroundings 1Is there any person in the immediate area who

maybe at risk of a deflected or missed shot

2Identify your target backstop and beyond

104

Chapter 7

Intervention Options

THE FORCE CONTINUUM ndash WHEN TO USE SIMrsquos

bull Ladder of Forcebull Force Continuumbull Circle of Forcebull Force Modularbull Escalation of Force

106

107

OFFICER PRESENCE

bull Uniform Badge bull Dedicated Weapon Displayed

bull On a Slingbull Port Arms bull Ready Carry Position

108

Presence

109

Verbal Commands

bull Please stand over there bull Please sit down on the chairbull Stop put your hands downbull Ending with ldquoDo it nowrdquobull Professional Tone amp Attitude

110

NON-Verbal

111

Verbalization

112

SOFT PHYSICAL TECHNIQUES

bull Slight touching or guiding contact

bull Cupping an elbow to escort Lightly grabbing an arm or shoulder

bull AIMING WEAPON113

Aiming WeaponFinger OFF

Trigger

114

HARD PHYSICAL TECHNIQUES

bull Limb Control Techniquesbull Takedown Ground Stabilizationbull Dynamic Countermeasuresbull Impact Techniquesbull Electrical Devicesbull Hand held impact weapons bull Specialty Impact Munitions

115

Firing the Weapon116

DEADLY FORCE

bull Impact Weaponsbull SIM ndash Changing Aiming Point

bull Neck Restraintbull Firearm

117

Transitioning to

firearm

118

Chapter 8

Documentation

Documentationbull Collect all munitions expended and photographed when practical

ndashEvery CasingndashMark Misfired or Damaged rounds 120

Documentation

bull An inventory of munitions used and not used should be noted

ndashWhat was issued and went out

ndashWhat was fired and misfiredndashWhat was lost and not recovered 121

Documentation

bull A report should be written detailing the order in which the events occurred and the police actions that were required

122

Documentation

bull Report the effectiveness of the various types of SIMrsquos and their delivery systems

ndashWhat did I fire that didnrsquot

ndashWhat did I fire that did123

Documentationbull Document any injuries sustained and property damage incurred

ndashInjuries to SubjectndashOfficersndashBystanders

124

Documentationbull After the crowd has dispersed it

is necessary to move rapidly into the target area to remove lingering groups and to prevent the crowd from regrouping and continuing illegal activity

ndashFollow ThroughndashSecuring the Area

125

LIABILITY ISSUES

The court will decide whether the actions of the officers were

(1)Consistent with the limits set forth by the constitution federal and state laws

(2)Consistent with departmental policy and procedures

(3)Consistent with training the officer received to handle such situations

126

5 Important Questions to ASK

bull What was the distance angle and elevation

bull What was the construction of the round used

bull What was the size of the subjectbull What was the expected point of impactbull What was the training of the shooter

127

Questions the Court will ASK

(1) Look at the conduct of other officers who were present andor participated in the actions

(2) The conduct of supervisors who may have authorized the actions of officers

128

Questions the Court will ASK

(1) Were the actions of the officers consistent with their training

(2) Was the training adequate and acceptable by contemporary standards

If the officers were not trained does it amountto deliberate indifference on the part of the

agency 129

Was the actions of the officer

bull A trained techniquebull Was it a dynamic application of

the trained techniquebull Was it an untrained technique

justified under the circumstances

130

Case Law

Know your laws

Graham v Connor 490 US 386 (1989)

a The US Supreme Court case that defined the standard under which excessive force claims would be judged

(1) The standard established was that of objective reasonableness(2) Prior to this the standard was police behavior that shocks the conscienceldquo

bIn this case the court redefined and set forth a less subjective standard

132Copyrighted by Dave Young

1990

City of Canton v Harris 489 US 378 109 S Ct 1197 (1989)

a In this case a woman was arrested and did not receive necessary medical attention after a shift commander was made aware of her condition and decided she did not need medical attention

b Although on the face the City of Canton policy addressed medical issues they were grossly negligent in that they did not provide the shift commanders with the proper training to make such decisions 133

Copyrighted by Dave Young 1990

City of Canton v Harris 489 US 378 109 S Ct 1197 (1989)

c There were many issues that emerged from this case however the primary issue was that of failure to train on the part of the city That negligence amounted to being deliberately in different to the rights of the plaintiff

The implications of Canton v Harris can also go beyond training issues however the burden of proving the Standard of deliberate indifference is on the plaintiff and not easy to prove

d Court Recommendation The duties that officers are assigned to perform must be accompanied with adequate training to perform that function

134Copyrighted by Dave Young

1990

ONeal v DeKalb County GA 850 F2d 653 (11th Cir 1988)

a A mental subject stabbed 7 people before being confronted by the police After repeatedly ordering the subject to drop the knife and lay on the floor the subject rushed the officers and was shot to death

b The court ruled that the use of deadly force instead of non-lethal force against a knife wielding suspect was not malicious or unreasonable therefore not actionable by the plaintiffs

135Copyrighted by Dave Young

1990

Plakas v Drinski 19 F3rd 1143 (7th Cir 1994) cert Denied 115 S Ct 81 (1994)

This case involved the shooting of a suspect who was

wielding a fire poker When the officer attempted to

arrest him he charged the officer with the fire poker and

was shot by police

(1)Plaintiffs who sued on behalf of the deceased claimed the officer did not use other means of force available to him at that time listing disabling chemical spray a police dog and distance

136Copyrighted by Dave Young

1990

Plakas v Drinski 19 F3rd 1143 (7th Cir 1994) cert Denied 115 SCt 81 (1994)

(2) The court stated ldquothat to permit every jury in this type of case to hear expert testimony that the defendant would have been uninjured if only the police had been able to use disabling gas or a capture net or a electrical device

(a)A municipality is liable because it failed to buy this equipment

(b)The Constitution does not enact a police administratorrsquos

equipment listlsquordquo

(c) The court ruled that there is no legal precedent that requires an officer to utilize alternatives to deadly force

137Copyrighted by Dave Young

1990

Davis v Mason County 927 F2d 1473 (9th Cir 1991)

aThe court ruled that the department had adequate training on the technical components of the use of force but did not have adequate training on the constitutional limits of the use of force in effecting arrests

138Copyrighted by Dave Young

1990

Davis v Mason County 927 F2d 1473 (9th Cir 1991)

b In other words the officers were trained on the how but not on the why and when the force is appropriate

c Court Recommendation Training should include confrontational scenarios of situations that require decision making then articulation by the officer as to the justification for the force used or not used

139Copyrighted by Dave Young

1990

Quezada v County of Bernalillo 944 F2d 710 (10th Cir 1991)

a The court ruled that an officer might be held liable for putting himself in a situation that requires him to use deadly force against an armed suicidal person

b This case involved an officer who left a position of cover to confront a suicidal subject

140Copyrighted by Dave Young

1990

141

Dave YoungFounder amp Director

ARMA Training

Website wwwarmatrainingcom772-913-1615

copyrighted by Dave Young 1994

54

12 Gauge Rubber Pellets

Description - Cartridge 12ga Sting Balltradereg

Type - Multiple Projectile Rubber Pellets

Velocity - 400 ftsec (Avg) Maximum Effective Range - 50 feetProjectiles - 18 (average)

High Energy Rounds 37 or 40MM Multiple Wooded Baton 37 or 40MM Multiple Rubber Baton 37 or 40MM Bean Bag round 40MM Spin Stabilized FoamSponge

Round 12 Gauge Single 4560 Cal Ball Round 12 Gauge Bean Bag Round

55

56

3740 MM Wooded Baton Rounds

3740 MM

55 or 8 Inch Casings

BlackSmokeless Powder

35 Baton Rounds

57

3740 MM Interlocking Rubber Baton

3740 MM

55 or 8 Inch Casings

BlackSmokeless Powder

35 Baton Rounds

58

3740 MM Mono Rubber Baton

3740 MM

55 or 8 Inch Casings

BlackSmokeless Powder

Single Baton Round

59

3740 MM Pen-Prevent or Super ldquoSOCrdquo Bean Bag Round

Additional Information

Black PowderSmokeless

Glass BeadsSilica Sand Lead Pelts

Aerodynamic or Non-Aerodynamic

60

40MM Spin Stabilized Foam Rounds

Additional Information 40MM Sponge Round Smokeless Delivery System 48 inch casing Most accurate round to date Special Nylon Casing

Only round which can be

effectively fired in all 5 ZONES

61

12 Gauge High Velocity - Rubber Pellets

Description - Cartridge 12ga Sting Balltrade HVreg

Type - Multiple Projectile Rubber Pellets

Velocity - 900 ftsec (Avg) Maximum Effective Range - 60 feet

Projectiles - 18 (average)

62

12 Gauge High Velocity - Tri-Dent 3 Rubber Ball

Description - Cartridge 12ga Sting Balltrade HVreg

Type - Multiple Projectile Rubber Balls

Velocity - 900 ftsec (Avg) Maximum Effective Range - 60 feet

Projectiles - 3

63

12 Gauge ldquoPen Preventrdquo Bean Bag Round

bull Projectile Weight - 40 gmbull Material - Shot filled Ballistic Fiber Reinforced flexible sock

bull Terminal Velocity - 280 fps (average) at 10 yardsreg

bull Accuracy - 4rdquo or better at 40 yards using a cylinder bore Remington 870

64

Categories of Rounds bull Flexible ndash Generally conforms to

surface it hits

bull Non-Flexible - Generally doesnrsquot conforms to surface it hits

bull Ridged ndash Generally shatters or bounces off surface it comes into contact with

65

Chapter 3

Angles of Fire

Angles of Fire Defined as the

aiming point with a

designated round for maximum accuracy

67

Direct Angle bull Direct ndash Directly aimed into the target area

68

TARGET

Indirect Anglebull Indirect ndash Skipped into the target area (Usually 3-6 feet based on terrain)

69

TARGET

Low Angle

bull Low Angle ndash Aimed just outside of point of aim point of impact distance

70

TARGET

High Angle

bull High Angle ndash Aimed in a high arch into target area

71

TARGET

Chapter 4

Cause and Effect

Cause amp Effect of Rounds

bull Mental - Discuss

bull Physical - Discuss

73

Mental Effectsbull Specialty Impact Munitions have a

tremendous MENTAL effect on an individual In many cases the mental effects may far outweigh the physical effects and be the determining factor in the subjectrsquos response or time of incapacitation or distraction ldquoA fear of being shotrdquo

74

Anxietybull The action of pointing a firearm directly at

an individual andor actually firing a projectile

bull The pain and at times the appearance of

the injury may reinforce this belief

bull Instructor Note Can be addressed through training

75

Fearbull Arouses connotations and a fear of having been

shot with a firearm SIMS may cause a powerful mental distraction

bull Mentally the subject must cope with the physiological pain that the body feels

bull Instructor Note Can be addressed through personal experience

76

Panicbull Panic is not a desirable response due to having

less control of the subject or crowd

bull The impact is likely to create fear which may create a fight or flight response

bull Crowds may scatter rendering the intended escape route useless

bull Instructor Note LEAST DESIREABLE RESPONSE

77

Chapter 5

Primary vs Secondary Injuries

Primary vs Secondary Injury

Primary Injury

bull An injury directly caused by the use of force tool use

80

Secondary Injurybull An injury indirectly caused by

the use of force tool use

bull Either from resistance from subject or another officer and or environmental surroundings

81

Flight of a projectile

bull Once leaving barrel seeks equal weight distribution ndash Pan Cakes Saucer Spin

bull Head Wind ndash Round May Dive or Risebull Tail Wind ndash Round may Float or Cork

Screwbull Cross Wind ndash ldquoJrdquo Turn

82

Projectile CalculationWhen the distance of the target

INCREASES it effects

Velocity + Accuracy + Impact = Injury

83

Projectile CalculationWhen the distance of the target

DECREASES it effects

Velocity + Accuracy + Impact = Injury

84

Chapter 6

Target areas when using SIM

Blunt Trauma vs

Penetration Trauma

Blunt Traumabull The MAXIMUM desired effect of an impact munitions is

BLUNT TRAUMA - an impact from an object that leaves the body surface intact but may cause sufficient (non-life threatening) injury to distract control or incapacitate the subject

Stinger Round Injury

Pepperball Injury

Stinger Round Injury87

Types of Blunt Trauma Injuries

bull Abrasions - Skimming the surface skin area

bull Contusions - Injury to the brain

bull Lacerations - Partially hitting the skin surface from the side cutting the surface

88

Continued Blunt Trauma Injuriesbull Fractures - Primary injury when

munition strikes target are directly

bull Secondary injury when munitions strikes target area and causes the body to fall striking another surface indirectly

bull Concussion - Glancing blows or missed target or Falling or collapsing of the subject 89

Penetration Traumabull The unintended and most

undesirable outcome of an SIMS is penetration

bull SIMrsquos can cause Death or serious bodily injury

90

PenetrationPuncture ndash Entering the body

at arsquo90 degree angle breaking

thesurface of the skin

91

Target Areas

Unable to use a striking color baton chart

because the chart was used to identify areas of the body for impact and

injuries for striking a human which is MUCH less

force then deploying Specially Impact

Munitions92

Meat amp Muscle Areas

bull Primary target areas that when striking the human body will cause mild to intense pain with NO LONG LASTING INJURY

93

Primary Target Area ndash the target area

consisting of large muscle groupsbull Buttocks bull Thigh amp Calvesbull Lower Abdominal Areabull BicepsTricepsbull Forearm area

94

Meat amp Bone Areasbull Secondary target areas that when striking the human body will cause mild to intense pain with MINOR to LONG LASTING INJURY

95

Secondary target areas are skeletal areas ndash

preferred - may result in fractures

bull Shoulderbull Kneesbull Anklesbull Wrists bull Elbows

96

Bone amp Sensitive Areasbull Last resort target areas that when

striking the human body will cause intense pain with long lasting injury which MAY RESULT IN SERIOUS BODILY HARM WHICH MAY RESULT IN DEATH

97

Last Resort Target Area ndash the target area when

maximum effectiveness is desired to meet a level of

threat escalating to deadly force justification

bull Head amp Throatbull Chest (center mass)bull Solar plexusbull Groinbull Spinebull Lower back

98

99

100

Clothing

1 In colder climates where heavier clothing and jackets are worn rounds with higher energy capabilities will be required

2 In a case where the subject is lightly dressed pay close attention to munitions selection shot placement and engagement distance

3 In detention facilities and during civil disturbances the subjects may pad themselves in order to defeat the effects of SIM

101

Physical Stature and Condition ndash Is the subject heavy musculature or thin and skeletal age

1 250-pound muscular individual will more than likely be physiologically effected less than a 100-pound individual when both are struck in the sametarget area by SIM

2 The blunt trauma effects and the potential for penetration are much greater for the smallerperson 102

37MM Foam Baton-15 feet=WHOHOW12 ga Rubber Pellets HV- 22 feet= WHOHOW40MM Bean Bag-34 feet=WHOHOW

213

90 to 140 lbs 131 to 185 lbs 186 to 220 lbs (220 to 350+)

103

Immediate Surroundings 1Is there any person in the immediate area who

maybe at risk of a deflected or missed shot

2Identify your target backstop and beyond

104

Chapter 7

Intervention Options

THE FORCE CONTINUUM ndash WHEN TO USE SIMrsquos

bull Ladder of Forcebull Force Continuumbull Circle of Forcebull Force Modularbull Escalation of Force

106

107

OFFICER PRESENCE

bull Uniform Badge bull Dedicated Weapon Displayed

bull On a Slingbull Port Arms bull Ready Carry Position

108

Presence

109

Verbal Commands

bull Please stand over there bull Please sit down on the chairbull Stop put your hands downbull Ending with ldquoDo it nowrdquobull Professional Tone amp Attitude

110

NON-Verbal

111

Verbalization

112

SOFT PHYSICAL TECHNIQUES

bull Slight touching or guiding contact

bull Cupping an elbow to escort Lightly grabbing an arm or shoulder

bull AIMING WEAPON113

Aiming WeaponFinger OFF

Trigger

114

HARD PHYSICAL TECHNIQUES

bull Limb Control Techniquesbull Takedown Ground Stabilizationbull Dynamic Countermeasuresbull Impact Techniquesbull Electrical Devicesbull Hand held impact weapons bull Specialty Impact Munitions

115

Firing the Weapon116

DEADLY FORCE

bull Impact Weaponsbull SIM ndash Changing Aiming Point

bull Neck Restraintbull Firearm

117

Transitioning to

firearm

118

Chapter 8

Documentation

Documentationbull Collect all munitions expended and photographed when practical

ndashEvery CasingndashMark Misfired or Damaged rounds 120

Documentation

bull An inventory of munitions used and not used should be noted

ndashWhat was issued and went out

ndashWhat was fired and misfiredndashWhat was lost and not recovered 121

Documentation

bull A report should be written detailing the order in which the events occurred and the police actions that were required

122

Documentation

bull Report the effectiveness of the various types of SIMrsquos and their delivery systems

ndashWhat did I fire that didnrsquot

ndashWhat did I fire that did123

Documentationbull Document any injuries sustained and property damage incurred

ndashInjuries to SubjectndashOfficersndashBystanders

124

Documentationbull After the crowd has dispersed it

is necessary to move rapidly into the target area to remove lingering groups and to prevent the crowd from regrouping and continuing illegal activity

ndashFollow ThroughndashSecuring the Area

125

LIABILITY ISSUES

The court will decide whether the actions of the officers were

(1)Consistent with the limits set forth by the constitution federal and state laws

(2)Consistent with departmental policy and procedures

(3)Consistent with training the officer received to handle such situations

126

5 Important Questions to ASK

bull What was the distance angle and elevation

bull What was the construction of the round used

bull What was the size of the subjectbull What was the expected point of impactbull What was the training of the shooter

127

Questions the Court will ASK

(1) Look at the conduct of other officers who were present andor participated in the actions

(2) The conduct of supervisors who may have authorized the actions of officers

128

Questions the Court will ASK

(1) Were the actions of the officers consistent with their training

(2) Was the training adequate and acceptable by contemporary standards

If the officers were not trained does it amountto deliberate indifference on the part of the

agency 129

Was the actions of the officer

bull A trained techniquebull Was it a dynamic application of

the trained techniquebull Was it an untrained technique

justified under the circumstances

130

Case Law

Know your laws

Graham v Connor 490 US 386 (1989)

a The US Supreme Court case that defined the standard under which excessive force claims would be judged

(1) The standard established was that of objective reasonableness(2) Prior to this the standard was police behavior that shocks the conscienceldquo

bIn this case the court redefined and set forth a less subjective standard

132Copyrighted by Dave Young

1990

City of Canton v Harris 489 US 378 109 S Ct 1197 (1989)

a In this case a woman was arrested and did not receive necessary medical attention after a shift commander was made aware of her condition and decided she did not need medical attention

b Although on the face the City of Canton policy addressed medical issues they were grossly negligent in that they did not provide the shift commanders with the proper training to make such decisions 133

Copyrighted by Dave Young 1990

City of Canton v Harris 489 US 378 109 S Ct 1197 (1989)

c There were many issues that emerged from this case however the primary issue was that of failure to train on the part of the city That negligence amounted to being deliberately in different to the rights of the plaintiff

The implications of Canton v Harris can also go beyond training issues however the burden of proving the Standard of deliberate indifference is on the plaintiff and not easy to prove

d Court Recommendation The duties that officers are assigned to perform must be accompanied with adequate training to perform that function

134Copyrighted by Dave Young

1990

ONeal v DeKalb County GA 850 F2d 653 (11th Cir 1988)

a A mental subject stabbed 7 people before being confronted by the police After repeatedly ordering the subject to drop the knife and lay on the floor the subject rushed the officers and was shot to death

b The court ruled that the use of deadly force instead of non-lethal force against a knife wielding suspect was not malicious or unreasonable therefore not actionable by the plaintiffs

135Copyrighted by Dave Young

1990

Plakas v Drinski 19 F3rd 1143 (7th Cir 1994) cert Denied 115 S Ct 81 (1994)

This case involved the shooting of a suspect who was

wielding a fire poker When the officer attempted to

arrest him he charged the officer with the fire poker and

was shot by police

(1)Plaintiffs who sued on behalf of the deceased claimed the officer did not use other means of force available to him at that time listing disabling chemical spray a police dog and distance

136Copyrighted by Dave Young

1990

Plakas v Drinski 19 F3rd 1143 (7th Cir 1994) cert Denied 115 SCt 81 (1994)

(2) The court stated ldquothat to permit every jury in this type of case to hear expert testimony that the defendant would have been uninjured if only the police had been able to use disabling gas or a capture net or a electrical device

(a)A municipality is liable because it failed to buy this equipment

(b)The Constitution does not enact a police administratorrsquos

equipment listlsquordquo

(c) The court ruled that there is no legal precedent that requires an officer to utilize alternatives to deadly force

137Copyrighted by Dave Young

1990

Davis v Mason County 927 F2d 1473 (9th Cir 1991)

aThe court ruled that the department had adequate training on the technical components of the use of force but did not have adequate training on the constitutional limits of the use of force in effecting arrests

138Copyrighted by Dave Young

1990

Davis v Mason County 927 F2d 1473 (9th Cir 1991)

b In other words the officers were trained on the how but not on the why and when the force is appropriate

c Court Recommendation Training should include confrontational scenarios of situations that require decision making then articulation by the officer as to the justification for the force used or not used

139Copyrighted by Dave Young

1990

Quezada v County of Bernalillo 944 F2d 710 (10th Cir 1991)

a The court ruled that an officer might be held liable for putting himself in a situation that requires him to use deadly force against an armed suicidal person

b This case involved an officer who left a position of cover to confront a suicidal subject

140Copyrighted by Dave Young

1990

141

Dave YoungFounder amp Director

ARMA Training

Website wwwarmatrainingcom772-913-1615

copyrighted by Dave Young 1994

High Energy Rounds 37 or 40MM Multiple Wooded Baton 37 or 40MM Multiple Rubber Baton 37 or 40MM Bean Bag round 40MM Spin Stabilized FoamSponge

Round 12 Gauge Single 4560 Cal Ball Round 12 Gauge Bean Bag Round

55

56

3740 MM Wooded Baton Rounds

3740 MM

55 or 8 Inch Casings

BlackSmokeless Powder

35 Baton Rounds

57

3740 MM Interlocking Rubber Baton

3740 MM

55 or 8 Inch Casings

BlackSmokeless Powder

35 Baton Rounds

58

3740 MM Mono Rubber Baton

3740 MM

55 or 8 Inch Casings

BlackSmokeless Powder

Single Baton Round

59

3740 MM Pen-Prevent or Super ldquoSOCrdquo Bean Bag Round

Additional Information

Black PowderSmokeless

Glass BeadsSilica Sand Lead Pelts

Aerodynamic or Non-Aerodynamic

60

40MM Spin Stabilized Foam Rounds

Additional Information 40MM Sponge Round Smokeless Delivery System 48 inch casing Most accurate round to date Special Nylon Casing

Only round which can be

effectively fired in all 5 ZONES

61

12 Gauge High Velocity - Rubber Pellets

Description - Cartridge 12ga Sting Balltrade HVreg

Type - Multiple Projectile Rubber Pellets

Velocity - 900 ftsec (Avg) Maximum Effective Range - 60 feet

Projectiles - 18 (average)

62

12 Gauge High Velocity - Tri-Dent 3 Rubber Ball

Description - Cartridge 12ga Sting Balltrade HVreg

Type - Multiple Projectile Rubber Balls

Velocity - 900 ftsec (Avg) Maximum Effective Range - 60 feet

Projectiles - 3

63

12 Gauge ldquoPen Preventrdquo Bean Bag Round

bull Projectile Weight - 40 gmbull Material - Shot filled Ballistic Fiber Reinforced flexible sock

bull Terminal Velocity - 280 fps (average) at 10 yardsreg

bull Accuracy - 4rdquo or better at 40 yards using a cylinder bore Remington 870

64

Categories of Rounds bull Flexible ndash Generally conforms to

surface it hits

bull Non-Flexible - Generally doesnrsquot conforms to surface it hits

bull Ridged ndash Generally shatters or bounces off surface it comes into contact with

65

Chapter 3

Angles of Fire

Angles of Fire Defined as the

aiming point with a

designated round for maximum accuracy

67

Direct Angle bull Direct ndash Directly aimed into the target area

68

TARGET

Indirect Anglebull Indirect ndash Skipped into the target area (Usually 3-6 feet based on terrain)

69

TARGET

Low Angle

bull Low Angle ndash Aimed just outside of point of aim point of impact distance

70

TARGET

High Angle

bull High Angle ndash Aimed in a high arch into target area

71

TARGET

Chapter 4

Cause and Effect

Cause amp Effect of Rounds

bull Mental - Discuss

bull Physical - Discuss

73

Mental Effectsbull Specialty Impact Munitions have a

tremendous MENTAL effect on an individual In many cases the mental effects may far outweigh the physical effects and be the determining factor in the subjectrsquos response or time of incapacitation or distraction ldquoA fear of being shotrdquo

74

Anxietybull The action of pointing a firearm directly at

an individual andor actually firing a projectile

bull The pain and at times the appearance of

the injury may reinforce this belief

bull Instructor Note Can be addressed through training

75

Fearbull Arouses connotations and a fear of having been

shot with a firearm SIMS may cause a powerful mental distraction

bull Mentally the subject must cope with the physiological pain that the body feels

bull Instructor Note Can be addressed through personal experience

76

Panicbull Panic is not a desirable response due to having

less control of the subject or crowd

bull The impact is likely to create fear which may create a fight or flight response

bull Crowds may scatter rendering the intended escape route useless

bull Instructor Note LEAST DESIREABLE RESPONSE

77

Chapter 5

Primary vs Secondary Injuries

Primary vs Secondary Injury

Primary Injury

bull An injury directly caused by the use of force tool use

80

Secondary Injurybull An injury indirectly caused by

the use of force tool use

bull Either from resistance from subject or another officer and or environmental surroundings

81

Flight of a projectile

bull Once leaving barrel seeks equal weight distribution ndash Pan Cakes Saucer Spin

bull Head Wind ndash Round May Dive or Risebull Tail Wind ndash Round may Float or Cork

Screwbull Cross Wind ndash ldquoJrdquo Turn

82

Projectile CalculationWhen the distance of the target

INCREASES it effects

Velocity + Accuracy + Impact = Injury

83

Projectile CalculationWhen the distance of the target

DECREASES it effects

Velocity + Accuracy + Impact = Injury

84

Chapter 6

Target areas when using SIM

Blunt Trauma vs

Penetration Trauma

Blunt Traumabull The MAXIMUM desired effect of an impact munitions is

BLUNT TRAUMA - an impact from an object that leaves the body surface intact but may cause sufficient (non-life threatening) injury to distract control or incapacitate the subject

Stinger Round Injury

Pepperball Injury

Stinger Round Injury87

Types of Blunt Trauma Injuries

bull Abrasions - Skimming the surface skin area

bull Contusions - Injury to the brain

bull Lacerations - Partially hitting the skin surface from the side cutting the surface

88

Continued Blunt Trauma Injuriesbull Fractures - Primary injury when

munition strikes target are directly

bull Secondary injury when munitions strikes target area and causes the body to fall striking another surface indirectly

bull Concussion - Glancing blows or missed target or Falling or collapsing of the subject 89

Penetration Traumabull The unintended and most

undesirable outcome of an SIMS is penetration

bull SIMrsquos can cause Death or serious bodily injury

90

PenetrationPuncture ndash Entering the body

at arsquo90 degree angle breaking

thesurface of the skin

91

Target Areas

Unable to use a striking color baton chart

because the chart was used to identify areas of the body for impact and

injuries for striking a human which is MUCH less

force then deploying Specially Impact

Munitions92

Meat amp Muscle Areas

bull Primary target areas that when striking the human body will cause mild to intense pain with NO LONG LASTING INJURY

93

Primary Target Area ndash the target area

consisting of large muscle groupsbull Buttocks bull Thigh amp Calvesbull Lower Abdominal Areabull BicepsTricepsbull Forearm area

94

Meat amp Bone Areasbull Secondary target areas that when striking the human body will cause mild to intense pain with MINOR to LONG LASTING INJURY

95

Secondary target areas are skeletal areas ndash

preferred - may result in fractures

bull Shoulderbull Kneesbull Anklesbull Wrists bull Elbows

96

Bone amp Sensitive Areasbull Last resort target areas that when

striking the human body will cause intense pain with long lasting injury which MAY RESULT IN SERIOUS BODILY HARM WHICH MAY RESULT IN DEATH

97

Last Resort Target Area ndash the target area when

maximum effectiveness is desired to meet a level of

threat escalating to deadly force justification

bull Head amp Throatbull Chest (center mass)bull Solar plexusbull Groinbull Spinebull Lower back

98

99

100

Clothing

1 In colder climates where heavier clothing and jackets are worn rounds with higher energy capabilities will be required

2 In a case where the subject is lightly dressed pay close attention to munitions selection shot placement and engagement distance

3 In detention facilities and during civil disturbances the subjects may pad themselves in order to defeat the effects of SIM

101

Physical Stature and Condition ndash Is the subject heavy musculature or thin and skeletal age

1 250-pound muscular individual will more than likely be physiologically effected less than a 100-pound individual when both are struck in the sametarget area by SIM

2 The blunt trauma effects and the potential for penetration are much greater for the smallerperson 102

37MM Foam Baton-15 feet=WHOHOW12 ga Rubber Pellets HV- 22 feet= WHOHOW40MM Bean Bag-34 feet=WHOHOW

213

90 to 140 lbs 131 to 185 lbs 186 to 220 lbs (220 to 350+)

103

Immediate Surroundings 1Is there any person in the immediate area who

maybe at risk of a deflected or missed shot

2Identify your target backstop and beyond

104

Chapter 7

Intervention Options

THE FORCE CONTINUUM ndash WHEN TO USE SIMrsquos

bull Ladder of Forcebull Force Continuumbull Circle of Forcebull Force Modularbull Escalation of Force

106

107

OFFICER PRESENCE

bull Uniform Badge bull Dedicated Weapon Displayed

bull On a Slingbull Port Arms bull Ready Carry Position

108

Presence

109

Verbal Commands

bull Please stand over there bull Please sit down on the chairbull Stop put your hands downbull Ending with ldquoDo it nowrdquobull Professional Tone amp Attitude

110

NON-Verbal

111

Verbalization

112

SOFT PHYSICAL TECHNIQUES

bull Slight touching or guiding contact

bull Cupping an elbow to escort Lightly grabbing an arm or shoulder

bull AIMING WEAPON113

Aiming WeaponFinger OFF

Trigger

114

HARD PHYSICAL TECHNIQUES

bull Limb Control Techniquesbull Takedown Ground Stabilizationbull Dynamic Countermeasuresbull Impact Techniquesbull Electrical Devicesbull Hand held impact weapons bull Specialty Impact Munitions

115

Firing the Weapon116

DEADLY FORCE

bull Impact Weaponsbull SIM ndash Changing Aiming Point

bull Neck Restraintbull Firearm

117

Transitioning to

firearm

118

Chapter 8

Documentation

Documentationbull Collect all munitions expended and photographed when practical

ndashEvery CasingndashMark Misfired or Damaged rounds 120

Documentation

bull An inventory of munitions used and not used should be noted

ndashWhat was issued and went out

ndashWhat was fired and misfiredndashWhat was lost and not recovered 121

Documentation

bull A report should be written detailing the order in which the events occurred and the police actions that were required

122

Documentation

bull Report the effectiveness of the various types of SIMrsquos and their delivery systems

ndashWhat did I fire that didnrsquot

ndashWhat did I fire that did123

Documentationbull Document any injuries sustained and property damage incurred

ndashInjuries to SubjectndashOfficersndashBystanders

124

Documentationbull After the crowd has dispersed it

is necessary to move rapidly into the target area to remove lingering groups and to prevent the crowd from regrouping and continuing illegal activity

ndashFollow ThroughndashSecuring the Area

125

LIABILITY ISSUES

The court will decide whether the actions of the officers were

(1)Consistent with the limits set forth by the constitution federal and state laws

(2)Consistent with departmental policy and procedures

(3)Consistent with training the officer received to handle such situations

126

5 Important Questions to ASK

bull What was the distance angle and elevation

bull What was the construction of the round used

bull What was the size of the subjectbull What was the expected point of impactbull What was the training of the shooter

127

Questions the Court will ASK

(1) Look at the conduct of other officers who were present andor participated in the actions

(2) The conduct of supervisors who may have authorized the actions of officers

128

Questions the Court will ASK

(1) Were the actions of the officers consistent with their training

(2) Was the training adequate and acceptable by contemporary standards

If the officers were not trained does it amountto deliberate indifference on the part of the

agency 129

Was the actions of the officer

bull A trained techniquebull Was it a dynamic application of

the trained techniquebull Was it an untrained technique

justified under the circumstances

130

Case Law

Know your laws

Graham v Connor 490 US 386 (1989)

a The US Supreme Court case that defined the standard under which excessive force claims would be judged

(1) The standard established was that of objective reasonableness(2) Prior to this the standard was police behavior that shocks the conscienceldquo

bIn this case the court redefined and set forth a less subjective standard

132Copyrighted by Dave Young

1990

City of Canton v Harris 489 US 378 109 S Ct 1197 (1989)

a In this case a woman was arrested and did not receive necessary medical attention after a shift commander was made aware of her condition and decided she did not need medical attention

b Although on the face the City of Canton policy addressed medical issues they were grossly negligent in that they did not provide the shift commanders with the proper training to make such decisions 133

Copyrighted by Dave Young 1990

City of Canton v Harris 489 US 378 109 S Ct 1197 (1989)

c There were many issues that emerged from this case however the primary issue was that of failure to train on the part of the city That negligence amounted to being deliberately in different to the rights of the plaintiff

The implications of Canton v Harris can also go beyond training issues however the burden of proving the Standard of deliberate indifference is on the plaintiff and not easy to prove

d Court Recommendation The duties that officers are assigned to perform must be accompanied with adequate training to perform that function

134Copyrighted by Dave Young

1990

ONeal v DeKalb County GA 850 F2d 653 (11th Cir 1988)

a A mental subject stabbed 7 people before being confronted by the police After repeatedly ordering the subject to drop the knife and lay on the floor the subject rushed the officers and was shot to death

b The court ruled that the use of deadly force instead of non-lethal force against a knife wielding suspect was not malicious or unreasonable therefore not actionable by the plaintiffs

135Copyrighted by Dave Young

1990

Plakas v Drinski 19 F3rd 1143 (7th Cir 1994) cert Denied 115 S Ct 81 (1994)

This case involved the shooting of a suspect who was

wielding a fire poker When the officer attempted to

arrest him he charged the officer with the fire poker and

was shot by police

(1)Plaintiffs who sued on behalf of the deceased claimed the officer did not use other means of force available to him at that time listing disabling chemical spray a police dog and distance

136Copyrighted by Dave Young

1990

Plakas v Drinski 19 F3rd 1143 (7th Cir 1994) cert Denied 115 SCt 81 (1994)

(2) The court stated ldquothat to permit every jury in this type of case to hear expert testimony that the defendant would have been uninjured if only the police had been able to use disabling gas or a capture net or a electrical device

(a)A municipality is liable because it failed to buy this equipment

(b)The Constitution does not enact a police administratorrsquos

equipment listlsquordquo

(c) The court ruled that there is no legal precedent that requires an officer to utilize alternatives to deadly force

137Copyrighted by Dave Young

1990

Davis v Mason County 927 F2d 1473 (9th Cir 1991)

aThe court ruled that the department had adequate training on the technical components of the use of force but did not have adequate training on the constitutional limits of the use of force in effecting arrests

138Copyrighted by Dave Young

1990

Davis v Mason County 927 F2d 1473 (9th Cir 1991)

b In other words the officers were trained on the how but not on the why and when the force is appropriate

c Court Recommendation Training should include confrontational scenarios of situations that require decision making then articulation by the officer as to the justification for the force used or not used

139Copyrighted by Dave Young

1990

Quezada v County of Bernalillo 944 F2d 710 (10th Cir 1991)

a The court ruled that an officer might be held liable for putting himself in a situation that requires him to use deadly force against an armed suicidal person

b This case involved an officer who left a position of cover to confront a suicidal subject

140Copyrighted by Dave Young

1990

141

Dave YoungFounder amp Director

ARMA Training

Website wwwarmatrainingcom772-913-1615

copyrighted by Dave Young 1994

56

3740 MM Wooded Baton Rounds

3740 MM

55 or 8 Inch Casings

BlackSmokeless Powder

35 Baton Rounds

57

3740 MM Interlocking Rubber Baton

3740 MM

55 or 8 Inch Casings

BlackSmokeless Powder

35 Baton Rounds

58

3740 MM Mono Rubber Baton

3740 MM

55 or 8 Inch Casings

BlackSmokeless Powder

Single Baton Round

59

3740 MM Pen-Prevent or Super ldquoSOCrdquo Bean Bag Round

Additional Information

Black PowderSmokeless

Glass BeadsSilica Sand Lead Pelts

Aerodynamic or Non-Aerodynamic

60

40MM Spin Stabilized Foam Rounds

Additional Information 40MM Sponge Round Smokeless Delivery System 48 inch casing Most accurate round to date Special Nylon Casing

Only round which can be

effectively fired in all 5 ZONES

61

12 Gauge High Velocity - Rubber Pellets

Description - Cartridge 12ga Sting Balltrade HVreg

Type - Multiple Projectile Rubber Pellets

Velocity - 900 ftsec (Avg) Maximum Effective Range - 60 feet

Projectiles - 18 (average)

62

12 Gauge High Velocity - Tri-Dent 3 Rubber Ball

Description - Cartridge 12ga Sting Balltrade HVreg

Type - Multiple Projectile Rubber Balls

Velocity - 900 ftsec (Avg) Maximum Effective Range - 60 feet

Projectiles - 3

63

12 Gauge ldquoPen Preventrdquo Bean Bag Round

bull Projectile Weight - 40 gmbull Material - Shot filled Ballistic Fiber Reinforced flexible sock

bull Terminal Velocity - 280 fps (average) at 10 yardsreg

bull Accuracy - 4rdquo or better at 40 yards using a cylinder bore Remington 870

64

Categories of Rounds bull Flexible ndash Generally conforms to

surface it hits

bull Non-Flexible - Generally doesnrsquot conforms to surface it hits

bull Ridged ndash Generally shatters or bounces off surface it comes into contact with

65

Chapter 3

Angles of Fire

Angles of Fire Defined as the

aiming point with a

designated round for maximum accuracy

67

Direct Angle bull Direct ndash Directly aimed into the target area

68

TARGET

Indirect Anglebull Indirect ndash Skipped into the target area (Usually 3-6 feet based on terrain)

69

TARGET

Low Angle

bull Low Angle ndash Aimed just outside of point of aim point of impact distance

70

TARGET

High Angle

bull High Angle ndash Aimed in a high arch into target area

71

TARGET

Chapter 4

Cause and Effect

Cause amp Effect of Rounds

bull Mental - Discuss

bull Physical - Discuss

73

Mental Effectsbull Specialty Impact Munitions have a

tremendous MENTAL effect on an individual In many cases the mental effects may far outweigh the physical effects and be the determining factor in the subjectrsquos response or time of incapacitation or distraction ldquoA fear of being shotrdquo

74

Anxietybull The action of pointing a firearm directly at

an individual andor actually firing a projectile

bull The pain and at times the appearance of

the injury may reinforce this belief

bull Instructor Note Can be addressed through training

75

Fearbull Arouses connotations and a fear of having been

shot with a firearm SIMS may cause a powerful mental distraction

bull Mentally the subject must cope with the physiological pain that the body feels

bull Instructor Note Can be addressed through personal experience

76

Panicbull Panic is not a desirable response due to having

less control of the subject or crowd

bull The impact is likely to create fear which may create a fight or flight response

bull Crowds may scatter rendering the intended escape route useless

bull Instructor Note LEAST DESIREABLE RESPONSE

77

Chapter 5

Primary vs Secondary Injuries

Primary vs Secondary Injury

Primary Injury

bull An injury directly caused by the use of force tool use

80

Secondary Injurybull An injury indirectly caused by

the use of force tool use

bull Either from resistance from subject or another officer and or environmental surroundings

81

Flight of a projectile

bull Once leaving barrel seeks equal weight distribution ndash Pan Cakes Saucer Spin

bull Head Wind ndash Round May Dive or Risebull Tail Wind ndash Round may Float or Cork

Screwbull Cross Wind ndash ldquoJrdquo Turn

82

Projectile CalculationWhen the distance of the target

INCREASES it effects

Velocity + Accuracy + Impact = Injury

83

Projectile CalculationWhen the distance of the target

DECREASES it effects

Velocity + Accuracy + Impact = Injury

84

Chapter 6

Target areas when using SIM

Blunt Trauma vs

Penetration Trauma

Blunt Traumabull The MAXIMUM desired effect of an impact munitions is

BLUNT TRAUMA - an impact from an object that leaves the body surface intact but may cause sufficient (non-life threatening) injury to distract control or incapacitate the subject

Stinger Round Injury

Pepperball Injury

Stinger Round Injury87

Types of Blunt Trauma Injuries

bull Abrasions - Skimming the surface skin area

bull Contusions - Injury to the brain

bull Lacerations - Partially hitting the skin surface from the side cutting the surface

88

Continued Blunt Trauma Injuriesbull Fractures - Primary injury when

munition strikes target are directly

bull Secondary injury when munitions strikes target area and causes the body to fall striking another surface indirectly

bull Concussion - Glancing blows or missed target or Falling or collapsing of the subject 89

Penetration Traumabull The unintended and most

undesirable outcome of an SIMS is penetration

bull SIMrsquos can cause Death or serious bodily injury

90

PenetrationPuncture ndash Entering the body

at arsquo90 degree angle breaking

thesurface of the skin

91

Target Areas

Unable to use a striking color baton chart

because the chart was used to identify areas of the body for impact and

injuries for striking a human which is MUCH less

force then deploying Specially Impact

Munitions92

Meat amp Muscle Areas

bull Primary target areas that when striking the human body will cause mild to intense pain with NO LONG LASTING INJURY

93

Primary Target Area ndash the target area

consisting of large muscle groupsbull Buttocks bull Thigh amp Calvesbull Lower Abdominal Areabull BicepsTricepsbull Forearm area

94

Meat amp Bone Areasbull Secondary target areas that when striking the human body will cause mild to intense pain with MINOR to LONG LASTING INJURY

95

Secondary target areas are skeletal areas ndash

preferred - may result in fractures

bull Shoulderbull Kneesbull Anklesbull Wrists bull Elbows

96

Bone amp Sensitive Areasbull Last resort target areas that when

striking the human body will cause intense pain with long lasting injury which MAY RESULT IN SERIOUS BODILY HARM WHICH MAY RESULT IN DEATH

97

Last Resort Target Area ndash the target area when

maximum effectiveness is desired to meet a level of

threat escalating to deadly force justification

bull Head amp Throatbull Chest (center mass)bull Solar plexusbull Groinbull Spinebull Lower back

98

99

100

Clothing

1 In colder climates where heavier clothing and jackets are worn rounds with higher energy capabilities will be required

2 In a case where the subject is lightly dressed pay close attention to munitions selection shot placement and engagement distance

3 In detention facilities and during civil disturbances the subjects may pad themselves in order to defeat the effects of SIM

101

Physical Stature and Condition ndash Is the subject heavy musculature or thin and skeletal age

1 250-pound muscular individual will more than likely be physiologically effected less than a 100-pound individual when both are struck in the sametarget area by SIM

2 The blunt trauma effects and the potential for penetration are much greater for the smallerperson 102

37MM Foam Baton-15 feet=WHOHOW12 ga Rubber Pellets HV- 22 feet= WHOHOW40MM Bean Bag-34 feet=WHOHOW

213

90 to 140 lbs 131 to 185 lbs 186 to 220 lbs (220 to 350+)

103

Immediate Surroundings 1Is there any person in the immediate area who

maybe at risk of a deflected or missed shot

2Identify your target backstop and beyond

104

Chapter 7

Intervention Options

THE FORCE CONTINUUM ndash WHEN TO USE SIMrsquos

bull Ladder of Forcebull Force Continuumbull Circle of Forcebull Force Modularbull Escalation of Force

106

107

OFFICER PRESENCE

bull Uniform Badge bull Dedicated Weapon Displayed

bull On a Slingbull Port Arms bull Ready Carry Position

108

Presence

109

Verbal Commands

bull Please stand over there bull Please sit down on the chairbull Stop put your hands downbull Ending with ldquoDo it nowrdquobull Professional Tone amp Attitude

110

NON-Verbal

111

Verbalization

112

SOFT PHYSICAL TECHNIQUES

bull Slight touching or guiding contact

bull Cupping an elbow to escort Lightly grabbing an arm or shoulder

bull AIMING WEAPON113

Aiming WeaponFinger OFF

Trigger

114

HARD PHYSICAL TECHNIQUES

bull Limb Control Techniquesbull Takedown Ground Stabilizationbull Dynamic Countermeasuresbull Impact Techniquesbull Electrical Devicesbull Hand held impact weapons bull Specialty Impact Munitions

115

Firing the Weapon116

DEADLY FORCE

bull Impact Weaponsbull SIM ndash Changing Aiming Point

bull Neck Restraintbull Firearm

117

Transitioning to

firearm

118

Chapter 8

Documentation

Documentationbull Collect all munitions expended and photographed when practical

ndashEvery CasingndashMark Misfired or Damaged rounds 120

Documentation

bull An inventory of munitions used and not used should be noted

ndashWhat was issued and went out

ndashWhat was fired and misfiredndashWhat was lost and not recovered 121

Documentation

bull A report should be written detailing the order in which the events occurred and the police actions that were required

122

Documentation

bull Report the effectiveness of the various types of SIMrsquos and their delivery systems

ndashWhat did I fire that didnrsquot

ndashWhat did I fire that did123

Documentationbull Document any injuries sustained and property damage incurred

ndashInjuries to SubjectndashOfficersndashBystanders

124

Documentationbull After the crowd has dispersed it

is necessary to move rapidly into the target area to remove lingering groups and to prevent the crowd from regrouping and continuing illegal activity

ndashFollow ThroughndashSecuring the Area

125

LIABILITY ISSUES

The court will decide whether the actions of the officers were

(1)Consistent with the limits set forth by the constitution federal and state laws

(2)Consistent with departmental policy and procedures

(3)Consistent with training the officer received to handle such situations

126

5 Important Questions to ASK

bull What was the distance angle and elevation

bull What was the construction of the round used

bull What was the size of the subjectbull What was the expected point of impactbull What was the training of the shooter

127

Questions the Court will ASK

(1) Look at the conduct of other officers who were present andor participated in the actions

(2) The conduct of supervisors who may have authorized the actions of officers

128

Questions the Court will ASK

(1) Were the actions of the officers consistent with their training

(2) Was the training adequate and acceptable by contemporary standards

If the officers were not trained does it amountto deliberate indifference on the part of the

agency 129

Was the actions of the officer

bull A trained techniquebull Was it a dynamic application of

the trained techniquebull Was it an untrained technique

justified under the circumstances

130

Case Law

Know your laws

Graham v Connor 490 US 386 (1989)

a The US Supreme Court case that defined the standard under which excessive force claims would be judged

(1) The standard established was that of objective reasonableness(2) Prior to this the standard was police behavior that shocks the conscienceldquo

bIn this case the court redefined and set forth a less subjective standard

132Copyrighted by Dave Young

1990

City of Canton v Harris 489 US 378 109 S Ct 1197 (1989)

a In this case a woman was arrested and did not receive necessary medical attention after a shift commander was made aware of her condition and decided she did not need medical attention

b Although on the face the City of Canton policy addressed medical issues they were grossly negligent in that they did not provide the shift commanders with the proper training to make such decisions 133

Copyrighted by Dave Young 1990

City of Canton v Harris 489 US 378 109 S Ct 1197 (1989)

c There were many issues that emerged from this case however the primary issue was that of failure to train on the part of the city That negligence amounted to being deliberately in different to the rights of the plaintiff

The implications of Canton v Harris can also go beyond training issues however the burden of proving the Standard of deliberate indifference is on the plaintiff and not easy to prove

d Court Recommendation The duties that officers are assigned to perform must be accompanied with adequate training to perform that function

134Copyrighted by Dave Young

1990

ONeal v DeKalb County GA 850 F2d 653 (11th Cir 1988)

a A mental subject stabbed 7 people before being confronted by the police After repeatedly ordering the subject to drop the knife and lay on the floor the subject rushed the officers and was shot to death

b The court ruled that the use of deadly force instead of non-lethal force against a knife wielding suspect was not malicious or unreasonable therefore not actionable by the plaintiffs

135Copyrighted by Dave Young

1990

Plakas v Drinski 19 F3rd 1143 (7th Cir 1994) cert Denied 115 S Ct 81 (1994)

This case involved the shooting of a suspect who was

wielding a fire poker When the officer attempted to

arrest him he charged the officer with the fire poker and

was shot by police

(1)Plaintiffs who sued on behalf of the deceased claimed the officer did not use other means of force available to him at that time listing disabling chemical spray a police dog and distance

136Copyrighted by Dave Young

1990

Plakas v Drinski 19 F3rd 1143 (7th Cir 1994) cert Denied 115 SCt 81 (1994)

(2) The court stated ldquothat to permit every jury in this type of case to hear expert testimony that the defendant would have been uninjured if only the police had been able to use disabling gas or a capture net or a electrical device

(a)A municipality is liable because it failed to buy this equipment

(b)The Constitution does not enact a police administratorrsquos

equipment listlsquordquo

(c) The court ruled that there is no legal precedent that requires an officer to utilize alternatives to deadly force

137Copyrighted by Dave Young

1990

Davis v Mason County 927 F2d 1473 (9th Cir 1991)

aThe court ruled that the department had adequate training on the technical components of the use of force but did not have adequate training on the constitutional limits of the use of force in effecting arrests

138Copyrighted by Dave Young

1990

Davis v Mason County 927 F2d 1473 (9th Cir 1991)

b In other words the officers were trained on the how but not on the why and when the force is appropriate

c Court Recommendation Training should include confrontational scenarios of situations that require decision making then articulation by the officer as to the justification for the force used or not used

139Copyrighted by Dave Young

1990

Quezada v County of Bernalillo 944 F2d 710 (10th Cir 1991)

a The court ruled that an officer might be held liable for putting himself in a situation that requires him to use deadly force against an armed suicidal person

b This case involved an officer who left a position of cover to confront a suicidal subject

140Copyrighted by Dave Young

1990

141

Dave YoungFounder amp Director

ARMA Training

Website wwwarmatrainingcom772-913-1615

copyrighted by Dave Young 1994

57

3740 MM Interlocking Rubber Baton

3740 MM

55 or 8 Inch Casings

BlackSmokeless Powder

35 Baton Rounds

58

3740 MM Mono Rubber Baton

3740 MM

55 or 8 Inch Casings

BlackSmokeless Powder

Single Baton Round

59

3740 MM Pen-Prevent or Super ldquoSOCrdquo Bean Bag Round

Additional Information

Black PowderSmokeless

Glass BeadsSilica Sand Lead Pelts

Aerodynamic or Non-Aerodynamic

60

40MM Spin Stabilized Foam Rounds

Additional Information 40MM Sponge Round Smokeless Delivery System 48 inch casing Most accurate round to date Special Nylon Casing

Only round which can be

effectively fired in all 5 ZONES

61

12 Gauge High Velocity - Rubber Pellets

Description - Cartridge 12ga Sting Balltrade HVreg

Type - Multiple Projectile Rubber Pellets

Velocity - 900 ftsec (Avg) Maximum Effective Range - 60 feet

Projectiles - 18 (average)

62

12 Gauge High Velocity - Tri-Dent 3 Rubber Ball

Description - Cartridge 12ga Sting Balltrade HVreg

Type - Multiple Projectile Rubber Balls

Velocity - 900 ftsec (Avg) Maximum Effective Range - 60 feet

Projectiles - 3

63

12 Gauge ldquoPen Preventrdquo Bean Bag Round

bull Projectile Weight - 40 gmbull Material - Shot filled Ballistic Fiber Reinforced flexible sock

bull Terminal Velocity - 280 fps (average) at 10 yardsreg

bull Accuracy - 4rdquo or better at 40 yards using a cylinder bore Remington 870

64

Categories of Rounds bull Flexible ndash Generally conforms to

surface it hits

bull Non-Flexible - Generally doesnrsquot conforms to surface it hits

bull Ridged ndash Generally shatters or bounces off surface it comes into contact with

65

Chapter 3

Angles of Fire

Angles of Fire Defined as the

aiming point with a

designated round for maximum accuracy

67

Direct Angle bull Direct ndash Directly aimed into the target area

68

TARGET

Indirect Anglebull Indirect ndash Skipped into the target area (Usually 3-6 feet based on terrain)

69

TARGET

Low Angle

bull Low Angle ndash Aimed just outside of point of aim point of impact distance

70

TARGET

High Angle

bull High Angle ndash Aimed in a high arch into target area

71

TARGET

Chapter 4

Cause and Effect

Cause amp Effect of Rounds

bull Mental - Discuss

bull Physical - Discuss

73

Mental Effectsbull Specialty Impact Munitions have a

tremendous MENTAL effect on an individual In many cases the mental effects may far outweigh the physical effects and be the determining factor in the subjectrsquos response or time of incapacitation or distraction ldquoA fear of being shotrdquo

74

Anxietybull The action of pointing a firearm directly at

an individual andor actually firing a projectile

bull The pain and at times the appearance of

the injury may reinforce this belief

bull Instructor Note Can be addressed through training

75

Fearbull Arouses connotations and a fear of having been

shot with a firearm SIMS may cause a powerful mental distraction

bull Mentally the subject must cope with the physiological pain that the body feels

bull Instructor Note Can be addressed through personal experience

76

Panicbull Panic is not a desirable response due to having

less control of the subject or crowd

bull The impact is likely to create fear which may create a fight or flight response

bull Crowds may scatter rendering the intended escape route useless

bull Instructor Note LEAST DESIREABLE RESPONSE

77

Chapter 5

Primary vs Secondary Injuries

Primary vs Secondary Injury

Primary Injury

bull An injury directly caused by the use of force tool use

80

Secondary Injurybull An injury indirectly caused by

the use of force tool use

bull Either from resistance from subject or another officer and or environmental surroundings

81

Flight of a projectile

bull Once leaving barrel seeks equal weight distribution ndash Pan Cakes Saucer Spin

bull Head Wind ndash Round May Dive or Risebull Tail Wind ndash Round may Float or Cork

Screwbull Cross Wind ndash ldquoJrdquo Turn

82

Projectile CalculationWhen the distance of the target

INCREASES it effects

Velocity + Accuracy + Impact = Injury

83

Projectile CalculationWhen the distance of the target

DECREASES it effects

Velocity + Accuracy + Impact = Injury

84

Chapter 6

Target areas when using SIM

Blunt Trauma vs

Penetration Trauma

Blunt Traumabull The MAXIMUM desired effect of an impact munitions is

BLUNT TRAUMA - an impact from an object that leaves the body surface intact but may cause sufficient (non-life threatening) injury to distract control or incapacitate the subject

Stinger Round Injury

Pepperball Injury

Stinger Round Injury87

Types of Blunt Trauma Injuries

bull Abrasions - Skimming the surface skin area

bull Contusions - Injury to the brain

bull Lacerations - Partially hitting the skin surface from the side cutting the surface

88

Continued Blunt Trauma Injuriesbull Fractures - Primary injury when

munition strikes target are directly

bull Secondary injury when munitions strikes target area and causes the body to fall striking another surface indirectly

bull Concussion - Glancing blows or missed target or Falling or collapsing of the subject 89

Penetration Traumabull The unintended and most

undesirable outcome of an SIMS is penetration

bull SIMrsquos can cause Death or serious bodily injury

90

PenetrationPuncture ndash Entering the body

at arsquo90 degree angle breaking

thesurface of the skin

91

Target Areas

Unable to use a striking color baton chart

because the chart was used to identify areas of the body for impact and

injuries for striking a human which is MUCH less

force then deploying Specially Impact

Munitions92

Meat amp Muscle Areas

bull Primary target areas that when striking the human body will cause mild to intense pain with NO LONG LASTING INJURY

93

Primary Target Area ndash the target area

consisting of large muscle groupsbull Buttocks bull Thigh amp Calvesbull Lower Abdominal Areabull BicepsTricepsbull Forearm area

94

Meat amp Bone Areasbull Secondary target areas that when striking the human body will cause mild to intense pain with MINOR to LONG LASTING INJURY

95

Secondary target areas are skeletal areas ndash

preferred - may result in fractures

bull Shoulderbull Kneesbull Anklesbull Wrists bull Elbows

96

Bone amp Sensitive Areasbull Last resort target areas that when

striking the human body will cause intense pain with long lasting injury which MAY RESULT IN SERIOUS BODILY HARM WHICH MAY RESULT IN DEATH

97

Last Resort Target Area ndash the target area when

maximum effectiveness is desired to meet a level of

threat escalating to deadly force justification

bull Head amp Throatbull Chest (center mass)bull Solar plexusbull Groinbull Spinebull Lower back

98

99

100

Clothing

1 In colder climates where heavier clothing and jackets are worn rounds with higher energy capabilities will be required

2 In a case where the subject is lightly dressed pay close attention to munitions selection shot placement and engagement distance

3 In detention facilities and during civil disturbances the subjects may pad themselves in order to defeat the effects of SIM

101

Physical Stature and Condition ndash Is the subject heavy musculature or thin and skeletal age

1 250-pound muscular individual will more than likely be physiologically effected less than a 100-pound individual when both are struck in the sametarget area by SIM

2 The blunt trauma effects and the potential for penetration are much greater for the smallerperson 102

37MM Foam Baton-15 feet=WHOHOW12 ga Rubber Pellets HV- 22 feet= WHOHOW40MM Bean Bag-34 feet=WHOHOW

213

90 to 140 lbs 131 to 185 lbs 186 to 220 lbs (220 to 350+)

103

Immediate Surroundings 1Is there any person in the immediate area who

maybe at risk of a deflected or missed shot

2Identify your target backstop and beyond

104

Chapter 7

Intervention Options

THE FORCE CONTINUUM ndash WHEN TO USE SIMrsquos

bull Ladder of Forcebull Force Continuumbull Circle of Forcebull Force Modularbull Escalation of Force

106

107

OFFICER PRESENCE

bull Uniform Badge bull Dedicated Weapon Displayed

bull On a Slingbull Port Arms bull Ready Carry Position

108

Presence

109

Verbal Commands

bull Please stand over there bull Please sit down on the chairbull Stop put your hands downbull Ending with ldquoDo it nowrdquobull Professional Tone amp Attitude

110

NON-Verbal

111

Verbalization

112

SOFT PHYSICAL TECHNIQUES

bull Slight touching or guiding contact

bull Cupping an elbow to escort Lightly grabbing an arm or shoulder

bull AIMING WEAPON113

Aiming WeaponFinger OFF

Trigger

114

HARD PHYSICAL TECHNIQUES

bull Limb Control Techniquesbull Takedown Ground Stabilizationbull Dynamic Countermeasuresbull Impact Techniquesbull Electrical Devicesbull Hand held impact weapons bull Specialty Impact Munitions

115

Firing the Weapon116

DEADLY FORCE

bull Impact Weaponsbull SIM ndash Changing Aiming Point

bull Neck Restraintbull Firearm

117

Transitioning to

firearm

118

Chapter 8

Documentation

Documentationbull Collect all munitions expended and photographed when practical

ndashEvery CasingndashMark Misfired or Damaged rounds 120

Documentation

bull An inventory of munitions used and not used should be noted

ndashWhat was issued and went out

ndashWhat was fired and misfiredndashWhat was lost and not recovered 121

Documentation

bull A report should be written detailing the order in which the events occurred and the police actions that were required

122

Documentation

bull Report the effectiveness of the various types of SIMrsquos and their delivery systems

ndashWhat did I fire that didnrsquot

ndashWhat did I fire that did123

Documentationbull Document any injuries sustained and property damage incurred

ndashInjuries to SubjectndashOfficersndashBystanders

124

Documentationbull After the crowd has dispersed it

is necessary to move rapidly into the target area to remove lingering groups and to prevent the crowd from regrouping and continuing illegal activity

ndashFollow ThroughndashSecuring the Area

125

LIABILITY ISSUES

The court will decide whether the actions of the officers were

(1)Consistent with the limits set forth by the constitution federal and state laws

(2)Consistent with departmental policy and procedures

(3)Consistent with training the officer received to handle such situations

126

5 Important Questions to ASK

bull What was the distance angle and elevation

bull What was the construction of the round used

bull What was the size of the subjectbull What was the expected point of impactbull What was the training of the shooter

127

Questions the Court will ASK

(1) Look at the conduct of other officers who were present andor participated in the actions

(2) The conduct of supervisors who may have authorized the actions of officers

128

Questions the Court will ASK

(1) Were the actions of the officers consistent with their training

(2) Was the training adequate and acceptable by contemporary standards

If the officers were not trained does it amountto deliberate indifference on the part of the

agency 129

Was the actions of the officer

bull A trained techniquebull Was it a dynamic application of

the trained techniquebull Was it an untrained technique

justified under the circumstances

130

Case Law

Know your laws

Graham v Connor 490 US 386 (1989)

a The US Supreme Court case that defined the standard under which excessive force claims would be judged

(1) The standard established was that of objective reasonableness(2) Prior to this the standard was police behavior that shocks the conscienceldquo

bIn this case the court redefined and set forth a less subjective standard

132Copyrighted by Dave Young

1990

City of Canton v Harris 489 US 378 109 S Ct 1197 (1989)

a In this case a woman was arrested and did not receive necessary medical attention after a shift commander was made aware of her condition and decided she did not need medical attention

b Although on the face the City of Canton policy addressed medical issues they were grossly negligent in that they did not provide the shift commanders with the proper training to make such decisions 133

Copyrighted by Dave Young 1990

City of Canton v Harris 489 US 378 109 S Ct 1197 (1989)

c There were many issues that emerged from this case however the primary issue was that of failure to train on the part of the city That negligence amounted to being deliberately in different to the rights of the plaintiff

The implications of Canton v Harris can also go beyond training issues however the burden of proving the Standard of deliberate indifference is on the plaintiff and not easy to prove

d Court Recommendation The duties that officers are assigned to perform must be accompanied with adequate training to perform that function

134Copyrighted by Dave Young

1990

ONeal v DeKalb County GA 850 F2d 653 (11th Cir 1988)

a A mental subject stabbed 7 people before being confronted by the police After repeatedly ordering the subject to drop the knife and lay on the floor the subject rushed the officers and was shot to death

b The court ruled that the use of deadly force instead of non-lethal force against a knife wielding suspect was not malicious or unreasonable therefore not actionable by the plaintiffs

135Copyrighted by Dave Young

1990

Plakas v Drinski 19 F3rd 1143 (7th Cir 1994) cert Denied 115 S Ct 81 (1994)

This case involved the shooting of a suspect who was

wielding a fire poker When the officer attempted to

arrest him he charged the officer with the fire poker and

was shot by police

(1)Plaintiffs who sued on behalf of the deceased claimed the officer did not use other means of force available to him at that time listing disabling chemical spray a police dog and distance

136Copyrighted by Dave Young

1990

Plakas v Drinski 19 F3rd 1143 (7th Cir 1994) cert Denied 115 SCt 81 (1994)

(2) The court stated ldquothat to permit every jury in this type of case to hear expert testimony that the defendant would have been uninjured if only the police had been able to use disabling gas or a capture net or a electrical device

(a)A municipality is liable because it failed to buy this equipment

(b)The Constitution does not enact a police administratorrsquos

equipment listlsquordquo

(c) The court ruled that there is no legal precedent that requires an officer to utilize alternatives to deadly force

137Copyrighted by Dave Young

1990

Davis v Mason County 927 F2d 1473 (9th Cir 1991)

aThe court ruled that the department had adequate training on the technical components of the use of force but did not have adequate training on the constitutional limits of the use of force in effecting arrests

138Copyrighted by Dave Young

1990

Davis v Mason County 927 F2d 1473 (9th Cir 1991)

b In other words the officers were trained on the how but not on the why and when the force is appropriate

c Court Recommendation Training should include confrontational scenarios of situations that require decision making then articulation by the officer as to the justification for the force used or not used

139Copyrighted by Dave Young

1990

Quezada v County of Bernalillo 944 F2d 710 (10th Cir 1991)

a The court ruled that an officer might be held liable for putting himself in a situation that requires him to use deadly force against an armed suicidal person

b This case involved an officer who left a position of cover to confront a suicidal subject

140Copyrighted by Dave Young

1990

141

Dave YoungFounder amp Director

ARMA Training

Website wwwarmatrainingcom772-913-1615

copyrighted by Dave Young 1994

58

3740 MM Mono Rubber Baton

3740 MM

55 or 8 Inch Casings

BlackSmokeless Powder

Single Baton Round

59

3740 MM Pen-Prevent or Super ldquoSOCrdquo Bean Bag Round

Additional Information

Black PowderSmokeless

Glass BeadsSilica Sand Lead Pelts

Aerodynamic or Non-Aerodynamic

60

40MM Spin Stabilized Foam Rounds

Additional Information 40MM Sponge Round Smokeless Delivery System 48 inch casing Most accurate round to date Special Nylon Casing

Only round which can be

effectively fired in all 5 ZONES

61

12 Gauge High Velocity - Rubber Pellets

Description - Cartridge 12ga Sting Balltrade HVreg

Type - Multiple Projectile Rubber Pellets

Velocity - 900 ftsec (Avg) Maximum Effective Range - 60 feet

Projectiles - 18 (average)

62

12 Gauge High Velocity - Tri-Dent 3 Rubber Ball

Description - Cartridge 12ga Sting Balltrade HVreg

Type - Multiple Projectile Rubber Balls

Velocity - 900 ftsec (Avg) Maximum Effective Range - 60 feet

Projectiles - 3

63

12 Gauge ldquoPen Preventrdquo Bean Bag Round

bull Projectile Weight - 40 gmbull Material - Shot filled Ballistic Fiber Reinforced flexible sock

bull Terminal Velocity - 280 fps (average) at 10 yardsreg

bull Accuracy - 4rdquo or better at 40 yards using a cylinder bore Remington 870

64

Categories of Rounds bull Flexible ndash Generally conforms to

surface it hits

bull Non-Flexible - Generally doesnrsquot conforms to surface it hits

bull Ridged ndash Generally shatters or bounces off surface it comes into contact with

65

Chapter 3

Angles of Fire

Angles of Fire Defined as the

aiming point with a

designated round for maximum accuracy

67

Direct Angle bull Direct ndash Directly aimed into the target area

68

TARGET

Indirect Anglebull Indirect ndash Skipped into the target area (Usually 3-6 feet based on terrain)

69

TARGET

Low Angle

bull Low Angle ndash Aimed just outside of point of aim point of impact distance

70

TARGET

High Angle

bull High Angle ndash Aimed in a high arch into target area

71

TARGET

Chapter 4

Cause and Effect

Cause amp Effect of Rounds

bull Mental - Discuss

bull Physical - Discuss

73

Mental Effectsbull Specialty Impact Munitions have a

tremendous MENTAL effect on an individual In many cases the mental effects may far outweigh the physical effects and be the determining factor in the subjectrsquos response or time of incapacitation or distraction ldquoA fear of being shotrdquo

74

Anxietybull The action of pointing a firearm directly at

an individual andor actually firing a projectile

bull The pain and at times the appearance of

the injury may reinforce this belief

bull Instructor Note Can be addressed through training

75

Fearbull Arouses connotations and a fear of having been

shot with a firearm SIMS may cause a powerful mental distraction

bull Mentally the subject must cope with the physiological pain that the body feels

bull Instructor Note Can be addressed through personal experience

76

Panicbull Panic is not a desirable response due to having

less control of the subject or crowd

bull The impact is likely to create fear which may create a fight or flight response

bull Crowds may scatter rendering the intended escape route useless

bull Instructor Note LEAST DESIREABLE RESPONSE

77

Chapter 5

Primary vs Secondary Injuries

Primary vs Secondary Injury

Primary Injury

bull An injury directly caused by the use of force tool use

80

Secondary Injurybull An injury indirectly caused by

the use of force tool use

bull Either from resistance from subject or another officer and or environmental surroundings

81

Flight of a projectile

bull Once leaving barrel seeks equal weight distribution ndash Pan Cakes Saucer Spin

bull Head Wind ndash Round May Dive or Risebull Tail Wind ndash Round may Float or Cork

Screwbull Cross Wind ndash ldquoJrdquo Turn

82

Projectile CalculationWhen the distance of the target

INCREASES it effects

Velocity + Accuracy + Impact = Injury

83

Projectile CalculationWhen the distance of the target

DECREASES it effects

Velocity + Accuracy + Impact = Injury

84

Chapter 6

Target areas when using SIM

Blunt Trauma vs

Penetration Trauma

Blunt Traumabull The MAXIMUM desired effect of an impact munitions is

BLUNT TRAUMA - an impact from an object that leaves the body surface intact but may cause sufficient (non-life threatening) injury to distract control or incapacitate the subject

Stinger Round Injury

Pepperball Injury

Stinger Round Injury87

Types of Blunt Trauma Injuries

bull Abrasions - Skimming the surface skin area

bull Contusions - Injury to the brain

bull Lacerations - Partially hitting the skin surface from the side cutting the surface

88

Continued Blunt Trauma Injuriesbull Fractures - Primary injury when

munition strikes target are directly

bull Secondary injury when munitions strikes target area and causes the body to fall striking another surface indirectly

bull Concussion - Glancing blows or missed target or Falling or collapsing of the subject 89

Penetration Traumabull The unintended and most

undesirable outcome of an SIMS is penetration

bull SIMrsquos can cause Death or serious bodily injury

90

PenetrationPuncture ndash Entering the body

at arsquo90 degree angle breaking

thesurface of the skin

91

Target Areas

Unable to use a striking color baton chart

because the chart was used to identify areas of the body for impact and

injuries for striking a human which is MUCH less

force then deploying Specially Impact

Munitions92

Meat amp Muscle Areas

bull Primary target areas that when striking the human body will cause mild to intense pain with NO LONG LASTING INJURY

93

Primary Target Area ndash the target area

consisting of large muscle groupsbull Buttocks bull Thigh amp Calvesbull Lower Abdominal Areabull BicepsTricepsbull Forearm area

94

Meat amp Bone Areasbull Secondary target areas that when striking the human body will cause mild to intense pain with MINOR to LONG LASTING INJURY

95

Secondary target areas are skeletal areas ndash

preferred - may result in fractures

bull Shoulderbull Kneesbull Anklesbull Wrists bull Elbows

96

Bone amp Sensitive Areasbull Last resort target areas that when

striking the human body will cause intense pain with long lasting injury which MAY RESULT IN SERIOUS BODILY HARM WHICH MAY RESULT IN DEATH

97

Last Resort Target Area ndash the target area when

maximum effectiveness is desired to meet a level of

threat escalating to deadly force justification

bull Head amp Throatbull Chest (center mass)bull Solar plexusbull Groinbull Spinebull Lower back

98

99

100

Clothing

1 In colder climates where heavier clothing and jackets are worn rounds with higher energy capabilities will be required

2 In a case where the subject is lightly dressed pay close attention to munitions selection shot placement and engagement distance

3 In detention facilities and during civil disturbances the subjects may pad themselves in order to defeat the effects of SIM

101

Physical Stature and Condition ndash Is the subject heavy musculature or thin and skeletal age

1 250-pound muscular individual will more than likely be physiologically effected less than a 100-pound individual when both are struck in the sametarget area by SIM

2 The blunt trauma effects and the potential for penetration are much greater for the smallerperson 102

37MM Foam Baton-15 feet=WHOHOW12 ga Rubber Pellets HV- 22 feet= WHOHOW40MM Bean Bag-34 feet=WHOHOW

213

90 to 140 lbs 131 to 185 lbs 186 to 220 lbs (220 to 350+)

103

Immediate Surroundings 1Is there any person in the immediate area who

maybe at risk of a deflected or missed shot

2Identify your target backstop and beyond

104

Chapter 7

Intervention Options

THE FORCE CONTINUUM ndash WHEN TO USE SIMrsquos

bull Ladder of Forcebull Force Continuumbull Circle of Forcebull Force Modularbull Escalation of Force

106

107

OFFICER PRESENCE

bull Uniform Badge bull Dedicated Weapon Displayed

bull On a Slingbull Port Arms bull Ready Carry Position

108

Presence

109

Verbal Commands

bull Please stand over there bull Please sit down on the chairbull Stop put your hands downbull Ending with ldquoDo it nowrdquobull Professional Tone amp Attitude

110

NON-Verbal

111

Verbalization

112

SOFT PHYSICAL TECHNIQUES

bull Slight touching or guiding contact

bull Cupping an elbow to escort Lightly grabbing an arm or shoulder

bull AIMING WEAPON113

Aiming WeaponFinger OFF

Trigger

114

HARD PHYSICAL TECHNIQUES

bull Limb Control Techniquesbull Takedown Ground Stabilizationbull Dynamic Countermeasuresbull Impact Techniquesbull Electrical Devicesbull Hand held impact weapons bull Specialty Impact Munitions

115

Firing the Weapon116

DEADLY FORCE

bull Impact Weaponsbull SIM ndash Changing Aiming Point

bull Neck Restraintbull Firearm

117

Transitioning to

firearm

118

Chapter 8

Documentation

Documentationbull Collect all munitions expended and photographed when practical

ndashEvery CasingndashMark Misfired or Damaged rounds 120

Documentation

bull An inventory of munitions used and not used should be noted

ndashWhat was issued and went out

ndashWhat was fired and misfiredndashWhat was lost and not recovered 121

Documentation

bull A report should be written detailing the order in which the events occurred and the police actions that were required

122

Documentation

bull Report the effectiveness of the various types of SIMrsquos and their delivery systems

ndashWhat did I fire that didnrsquot

ndashWhat did I fire that did123

Documentationbull Document any injuries sustained and property damage incurred

ndashInjuries to SubjectndashOfficersndashBystanders

124

Documentationbull After the crowd has dispersed it

is necessary to move rapidly into the target area to remove lingering groups and to prevent the crowd from regrouping and continuing illegal activity

ndashFollow ThroughndashSecuring the Area

125

LIABILITY ISSUES

The court will decide whether the actions of the officers were

(1)Consistent with the limits set forth by the constitution federal and state laws

(2)Consistent with departmental policy and procedures

(3)Consistent with training the officer received to handle such situations

126

5 Important Questions to ASK

bull What was the distance angle and elevation

bull What was the construction of the round used

bull What was the size of the subjectbull What was the expected point of impactbull What was the training of the shooter

127

Questions the Court will ASK

(1) Look at the conduct of other officers who were present andor participated in the actions

(2) The conduct of supervisors who may have authorized the actions of officers

128

Questions the Court will ASK

(1) Were the actions of the officers consistent with their training

(2) Was the training adequate and acceptable by contemporary standards

If the officers were not trained does it amountto deliberate indifference on the part of the

agency 129

Was the actions of the officer

bull A trained techniquebull Was it a dynamic application of

the trained techniquebull Was it an untrained technique

justified under the circumstances

130

Case Law

Know your laws

Graham v Connor 490 US 386 (1989)

a The US Supreme Court case that defined the standard under which excessive force claims would be judged

(1) The standard established was that of objective reasonableness(2) Prior to this the standard was police behavior that shocks the conscienceldquo

bIn this case the court redefined and set forth a less subjective standard

132Copyrighted by Dave Young

1990

City of Canton v Harris 489 US 378 109 S Ct 1197 (1989)

a In this case a woman was arrested and did not receive necessary medical attention after a shift commander was made aware of her condition and decided she did not need medical attention

b Although on the face the City of Canton policy addressed medical issues they were grossly negligent in that they did not provide the shift commanders with the proper training to make such decisions 133

Copyrighted by Dave Young 1990

City of Canton v Harris 489 US 378 109 S Ct 1197 (1989)

c There were many issues that emerged from this case however the primary issue was that of failure to train on the part of the city That negligence amounted to being deliberately in different to the rights of the plaintiff

The implications of Canton v Harris can also go beyond training issues however the burden of proving the Standard of deliberate indifference is on the plaintiff and not easy to prove

d Court Recommendation The duties that officers are assigned to perform must be accompanied with adequate training to perform that function

134Copyrighted by Dave Young

1990

ONeal v DeKalb County GA 850 F2d 653 (11th Cir 1988)

a A mental subject stabbed 7 people before being confronted by the police After repeatedly ordering the subject to drop the knife and lay on the floor the subject rushed the officers and was shot to death

b The court ruled that the use of deadly force instead of non-lethal force against a knife wielding suspect was not malicious or unreasonable therefore not actionable by the plaintiffs

135Copyrighted by Dave Young

1990

Plakas v Drinski 19 F3rd 1143 (7th Cir 1994) cert Denied 115 S Ct 81 (1994)

This case involved the shooting of a suspect who was

wielding a fire poker When the officer attempted to

arrest him he charged the officer with the fire poker and

was shot by police

(1)Plaintiffs who sued on behalf of the deceased claimed the officer did not use other means of force available to him at that time listing disabling chemical spray a police dog and distance

136Copyrighted by Dave Young

1990

Plakas v Drinski 19 F3rd 1143 (7th Cir 1994) cert Denied 115 SCt 81 (1994)

(2) The court stated ldquothat to permit every jury in this type of case to hear expert testimony that the defendant would have been uninjured if only the police had been able to use disabling gas or a capture net or a electrical device

(a)A municipality is liable because it failed to buy this equipment

(b)The Constitution does not enact a police administratorrsquos

equipment listlsquordquo

(c) The court ruled that there is no legal precedent that requires an officer to utilize alternatives to deadly force

137Copyrighted by Dave Young

1990

Davis v Mason County 927 F2d 1473 (9th Cir 1991)

aThe court ruled that the department had adequate training on the technical components of the use of force but did not have adequate training on the constitutional limits of the use of force in effecting arrests

138Copyrighted by Dave Young

1990

Davis v Mason County 927 F2d 1473 (9th Cir 1991)

b In other words the officers were trained on the how but not on the why and when the force is appropriate

c Court Recommendation Training should include confrontational scenarios of situations that require decision making then articulation by the officer as to the justification for the force used or not used

139Copyrighted by Dave Young

1990

Quezada v County of Bernalillo 944 F2d 710 (10th Cir 1991)

a The court ruled that an officer might be held liable for putting himself in a situation that requires him to use deadly force against an armed suicidal person

b This case involved an officer who left a position of cover to confront a suicidal subject

140Copyrighted by Dave Young

1990

141

Dave YoungFounder amp Director

ARMA Training

Website wwwarmatrainingcom772-913-1615

copyrighted by Dave Young 1994

59

3740 MM Pen-Prevent or Super ldquoSOCrdquo Bean Bag Round

Additional Information

Black PowderSmokeless

Glass BeadsSilica Sand Lead Pelts

Aerodynamic or Non-Aerodynamic

60

40MM Spin Stabilized Foam Rounds

Additional Information 40MM Sponge Round Smokeless Delivery System 48 inch casing Most accurate round to date Special Nylon Casing

Only round which can be

effectively fired in all 5 ZONES

61

12 Gauge High Velocity - Rubber Pellets

Description - Cartridge 12ga Sting Balltrade HVreg

Type - Multiple Projectile Rubber Pellets

Velocity - 900 ftsec (Avg) Maximum Effective Range - 60 feet

Projectiles - 18 (average)

62

12 Gauge High Velocity - Tri-Dent 3 Rubber Ball

Description - Cartridge 12ga Sting Balltrade HVreg

Type - Multiple Projectile Rubber Balls

Velocity - 900 ftsec (Avg) Maximum Effective Range - 60 feet

Projectiles - 3

63

12 Gauge ldquoPen Preventrdquo Bean Bag Round

bull Projectile Weight - 40 gmbull Material - Shot filled Ballistic Fiber Reinforced flexible sock

bull Terminal Velocity - 280 fps (average) at 10 yardsreg

bull Accuracy - 4rdquo or better at 40 yards using a cylinder bore Remington 870

64

Categories of Rounds bull Flexible ndash Generally conforms to

surface it hits

bull Non-Flexible - Generally doesnrsquot conforms to surface it hits

bull Ridged ndash Generally shatters or bounces off surface it comes into contact with

65

Chapter 3

Angles of Fire

Angles of Fire Defined as the

aiming point with a

designated round for maximum accuracy

67

Direct Angle bull Direct ndash Directly aimed into the target area

68

TARGET

Indirect Anglebull Indirect ndash Skipped into the target area (Usually 3-6 feet based on terrain)

69

TARGET

Low Angle

bull Low Angle ndash Aimed just outside of point of aim point of impact distance

70

TARGET

High Angle

bull High Angle ndash Aimed in a high arch into target area

71

TARGET

Chapter 4

Cause and Effect

Cause amp Effect of Rounds

bull Mental - Discuss

bull Physical - Discuss

73

Mental Effectsbull Specialty Impact Munitions have a

tremendous MENTAL effect on an individual In many cases the mental effects may far outweigh the physical effects and be the determining factor in the subjectrsquos response or time of incapacitation or distraction ldquoA fear of being shotrdquo

74

Anxietybull The action of pointing a firearm directly at

an individual andor actually firing a projectile

bull The pain and at times the appearance of

the injury may reinforce this belief

bull Instructor Note Can be addressed through training

75

Fearbull Arouses connotations and a fear of having been

shot with a firearm SIMS may cause a powerful mental distraction

bull Mentally the subject must cope with the physiological pain that the body feels

bull Instructor Note Can be addressed through personal experience

76

Panicbull Panic is not a desirable response due to having

less control of the subject or crowd

bull The impact is likely to create fear which may create a fight or flight response

bull Crowds may scatter rendering the intended escape route useless

bull Instructor Note LEAST DESIREABLE RESPONSE

77

Chapter 5

Primary vs Secondary Injuries

Primary vs Secondary Injury

Primary Injury

bull An injury directly caused by the use of force tool use

80

Secondary Injurybull An injury indirectly caused by

the use of force tool use

bull Either from resistance from subject or another officer and or environmental surroundings

81

Flight of a projectile

bull Once leaving barrel seeks equal weight distribution ndash Pan Cakes Saucer Spin

bull Head Wind ndash Round May Dive or Risebull Tail Wind ndash Round may Float or Cork

Screwbull Cross Wind ndash ldquoJrdquo Turn

82

Projectile CalculationWhen the distance of the target

INCREASES it effects

Velocity + Accuracy + Impact = Injury

83

Projectile CalculationWhen the distance of the target

DECREASES it effects

Velocity + Accuracy + Impact = Injury

84

Chapter 6

Target areas when using SIM

Blunt Trauma vs

Penetration Trauma

Blunt Traumabull The MAXIMUM desired effect of an impact munitions is

BLUNT TRAUMA - an impact from an object that leaves the body surface intact but may cause sufficient (non-life threatening) injury to distract control or incapacitate the subject

Stinger Round Injury

Pepperball Injury

Stinger Round Injury87

Types of Blunt Trauma Injuries

bull Abrasions - Skimming the surface skin area

bull Contusions - Injury to the brain

bull Lacerations - Partially hitting the skin surface from the side cutting the surface

88

Continued Blunt Trauma Injuriesbull Fractures - Primary injury when

munition strikes target are directly

bull Secondary injury when munitions strikes target area and causes the body to fall striking another surface indirectly

bull Concussion - Glancing blows or missed target or Falling or collapsing of the subject 89

Penetration Traumabull The unintended and most

undesirable outcome of an SIMS is penetration

bull SIMrsquos can cause Death or serious bodily injury

90

PenetrationPuncture ndash Entering the body

at arsquo90 degree angle breaking

thesurface of the skin

91

Target Areas

Unable to use a striking color baton chart

because the chart was used to identify areas of the body for impact and

injuries for striking a human which is MUCH less

force then deploying Specially Impact

Munitions92

Meat amp Muscle Areas

bull Primary target areas that when striking the human body will cause mild to intense pain with NO LONG LASTING INJURY

93

Primary Target Area ndash the target area

consisting of large muscle groupsbull Buttocks bull Thigh amp Calvesbull Lower Abdominal Areabull BicepsTricepsbull Forearm area

94

Meat amp Bone Areasbull Secondary target areas that when striking the human body will cause mild to intense pain with MINOR to LONG LASTING INJURY

95

Secondary target areas are skeletal areas ndash

preferred - may result in fractures

bull Shoulderbull Kneesbull Anklesbull Wrists bull Elbows

96

Bone amp Sensitive Areasbull Last resort target areas that when

striking the human body will cause intense pain with long lasting injury which MAY RESULT IN SERIOUS BODILY HARM WHICH MAY RESULT IN DEATH

97

Last Resort Target Area ndash the target area when

maximum effectiveness is desired to meet a level of

threat escalating to deadly force justification

bull Head amp Throatbull Chest (center mass)bull Solar plexusbull Groinbull Spinebull Lower back

98

99

100

Clothing

1 In colder climates where heavier clothing and jackets are worn rounds with higher energy capabilities will be required

2 In a case where the subject is lightly dressed pay close attention to munitions selection shot placement and engagement distance

3 In detention facilities and during civil disturbances the subjects may pad themselves in order to defeat the effects of SIM

101

Physical Stature and Condition ndash Is the subject heavy musculature or thin and skeletal age

1 250-pound muscular individual will more than likely be physiologically effected less than a 100-pound individual when both are struck in the sametarget area by SIM

2 The blunt trauma effects and the potential for penetration are much greater for the smallerperson 102

37MM Foam Baton-15 feet=WHOHOW12 ga Rubber Pellets HV- 22 feet= WHOHOW40MM Bean Bag-34 feet=WHOHOW

213

90 to 140 lbs 131 to 185 lbs 186 to 220 lbs (220 to 350+)

103

Immediate Surroundings 1Is there any person in the immediate area who

maybe at risk of a deflected or missed shot

2Identify your target backstop and beyond

104

Chapter 7

Intervention Options

THE FORCE CONTINUUM ndash WHEN TO USE SIMrsquos

bull Ladder of Forcebull Force Continuumbull Circle of Forcebull Force Modularbull Escalation of Force

106

107

OFFICER PRESENCE

bull Uniform Badge bull Dedicated Weapon Displayed

bull On a Slingbull Port Arms bull Ready Carry Position

108

Presence

109

Verbal Commands

bull Please stand over there bull Please sit down on the chairbull Stop put your hands downbull Ending with ldquoDo it nowrdquobull Professional Tone amp Attitude

110

NON-Verbal

111

Verbalization

112

SOFT PHYSICAL TECHNIQUES

bull Slight touching or guiding contact

bull Cupping an elbow to escort Lightly grabbing an arm or shoulder

bull AIMING WEAPON113

Aiming WeaponFinger OFF

Trigger

114

HARD PHYSICAL TECHNIQUES

bull Limb Control Techniquesbull Takedown Ground Stabilizationbull Dynamic Countermeasuresbull Impact Techniquesbull Electrical Devicesbull Hand held impact weapons bull Specialty Impact Munitions

115

Firing the Weapon116

DEADLY FORCE

bull Impact Weaponsbull SIM ndash Changing Aiming Point

bull Neck Restraintbull Firearm

117

Transitioning to

firearm

118

Chapter 8

Documentation

Documentationbull Collect all munitions expended and photographed when practical

ndashEvery CasingndashMark Misfired or Damaged rounds 120

Documentation

bull An inventory of munitions used and not used should be noted

ndashWhat was issued and went out

ndashWhat was fired and misfiredndashWhat was lost and not recovered 121

Documentation

bull A report should be written detailing the order in which the events occurred and the police actions that were required

122

Documentation

bull Report the effectiveness of the various types of SIMrsquos and their delivery systems

ndashWhat did I fire that didnrsquot

ndashWhat did I fire that did123

Documentationbull Document any injuries sustained and property damage incurred

ndashInjuries to SubjectndashOfficersndashBystanders

124

Documentationbull After the crowd has dispersed it

is necessary to move rapidly into the target area to remove lingering groups and to prevent the crowd from regrouping and continuing illegal activity

ndashFollow ThroughndashSecuring the Area

125

LIABILITY ISSUES

The court will decide whether the actions of the officers were

(1)Consistent with the limits set forth by the constitution federal and state laws

(2)Consistent with departmental policy and procedures

(3)Consistent with training the officer received to handle such situations

126

5 Important Questions to ASK

bull What was the distance angle and elevation

bull What was the construction of the round used

bull What was the size of the subjectbull What was the expected point of impactbull What was the training of the shooter

127

Questions the Court will ASK

(1) Look at the conduct of other officers who were present andor participated in the actions

(2) The conduct of supervisors who may have authorized the actions of officers

128

Questions the Court will ASK

(1) Were the actions of the officers consistent with their training

(2) Was the training adequate and acceptable by contemporary standards

If the officers were not trained does it amountto deliberate indifference on the part of the

agency 129

Was the actions of the officer

bull A trained techniquebull Was it a dynamic application of

the trained techniquebull Was it an untrained technique

justified under the circumstances

130

Case Law

Know your laws

Graham v Connor 490 US 386 (1989)

a The US Supreme Court case that defined the standard under which excessive force claims would be judged

(1) The standard established was that of objective reasonableness(2) Prior to this the standard was police behavior that shocks the conscienceldquo

bIn this case the court redefined and set forth a less subjective standard

132Copyrighted by Dave Young

1990

City of Canton v Harris 489 US 378 109 S Ct 1197 (1989)

a In this case a woman was arrested and did not receive necessary medical attention after a shift commander was made aware of her condition and decided she did not need medical attention

b Although on the face the City of Canton policy addressed medical issues they were grossly negligent in that they did not provide the shift commanders with the proper training to make such decisions 133

Copyrighted by Dave Young 1990

City of Canton v Harris 489 US 378 109 S Ct 1197 (1989)

c There were many issues that emerged from this case however the primary issue was that of failure to train on the part of the city That negligence amounted to being deliberately in different to the rights of the plaintiff

The implications of Canton v Harris can also go beyond training issues however the burden of proving the Standard of deliberate indifference is on the plaintiff and not easy to prove

d Court Recommendation The duties that officers are assigned to perform must be accompanied with adequate training to perform that function

134Copyrighted by Dave Young

1990

ONeal v DeKalb County GA 850 F2d 653 (11th Cir 1988)

a A mental subject stabbed 7 people before being confronted by the police After repeatedly ordering the subject to drop the knife and lay on the floor the subject rushed the officers and was shot to death

b The court ruled that the use of deadly force instead of non-lethal force against a knife wielding suspect was not malicious or unreasonable therefore not actionable by the plaintiffs

135Copyrighted by Dave Young

1990

Plakas v Drinski 19 F3rd 1143 (7th Cir 1994) cert Denied 115 S Ct 81 (1994)

This case involved the shooting of a suspect who was

wielding a fire poker When the officer attempted to

arrest him he charged the officer with the fire poker and

was shot by police

(1)Plaintiffs who sued on behalf of the deceased claimed the officer did not use other means of force available to him at that time listing disabling chemical spray a police dog and distance

136Copyrighted by Dave Young

1990

Plakas v Drinski 19 F3rd 1143 (7th Cir 1994) cert Denied 115 SCt 81 (1994)

(2) The court stated ldquothat to permit every jury in this type of case to hear expert testimony that the defendant would have been uninjured if only the police had been able to use disabling gas or a capture net or a electrical device

(a)A municipality is liable because it failed to buy this equipment

(b)The Constitution does not enact a police administratorrsquos

equipment listlsquordquo

(c) The court ruled that there is no legal precedent that requires an officer to utilize alternatives to deadly force

137Copyrighted by Dave Young

1990

Davis v Mason County 927 F2d 1473 (9th Cir 1991)

aThe court ruled that the department had adequate training on the technical components of the use of force but did not have adequate training on the constitutional limits of the use of force in effecting arrests

138Copyrighted by Dave Young

1990

Davis v Mason County 927 F2d 1473 (9th Cir 1991)

b In other words the officers were trained on the how but not on the why and when the force is appropriate

c Court Recommendation Training should include confrontational scenarios of situations that require decision making then articulation by the officer as to the justification for the force used or not used

139Copyrighted by Dave Young

1990

Quezada v County of Bernalillo 944 F2d 710 (10th Cir 1991)

a The court ruled that an officer might be held liable for putting himself in a situation that requires him to use deadly force against an armed suicidal person

b This case involved an officer who left a position of cover to confront a suicidal subject

140Copyrighted by Dave Young

1990

141

Dave YoungFounder amp Director

ARMA Training

Website wwwarmatrainingcom772-913-1615

copyrighted by Dave Young 1994

60

40MM Spin Stabilized Foam Rounds

Additional Information 40MM Sponge Round Smokeless Delivery System 48 inch casing Most accurate round to date Special Nylon Casing

Only round which can be

effectively fired in all 5 ZONES

61

12 Gauge High Velocity - Rubber Pellets

Description - Cartridge 12ga Sting Balltrade HVreg

Type - Multiple Projectile Rubber Pellets

Velocity - 900 ftsec (Avg) Maximum Effective Range - 60 feet

Projectiles - 18 (average)

62

12 Gauge High Velocity - Tri-Dent 3 Rubber Ball

Description - Cartridge 12ga Sting Balltrade HVreg

Type - Multiple Projectile Rubber Balls

Velocity - 900 ftsec (Avg) Maximum Effective Range - 60 feet

Projectiles - 3

63

12 Gauge ldquoPen Preventrdquo Bean Bag Round

bull Projectile Weight - 40 gmbull Material - Shot filled Ballistic Fiber Reinforced flexible sock

bull Terminal Velocity - 280 fps (average) at 10 yardsreg

bull Accuracy - 4rdquo or better at 40 yards using a cylinder bore Remington 870

64

Categories of Rounds bull Flexible ndash Generally conforms to

surface it hits

bull Non-Flexible - Generally doesnrsquot conforms to surface it hits

bull Ridged ndash Generally shatters or bounces off surface it comes into contact with

65

Chapter 3

Angles of Fire

Angles of Fire Defined as the

aiming point with a

designated round for maximum accuracy

67

Direct Angle bull Direct ndash Directly aimed into the target area

68

TARGET

Indirect Anglebull Indirect ndash Skipped into the target area (Usually 3-6 feet based on terrain)

69

TARGET

Low Angle

bull Low Angle ndash Aimed just outside of point of aim point of impact distance

70

TARGET

High Angle

bull High Angle ndash Aimed in a high arch into target area

71

TARGET

Chapter 4

Cause and Effect

Cause amp Effect of Rounds

bull Mental - Discuss

bull Physical - Discuss

73

Mental Effectsbull Specialty Impact Munitions have a

tremendous MENTAL effect on an individual In many cases the mental effects may far outweigh the physical effects and be the determining factor in the subjectrsquos response or time of incapacitation or distraction ldquoA fear of being shotrdquo

74

Anxietybull The action of pointing a firearm directly at

an individual andor actually firing a projectile

bull The pain and at times the appearance of

the injury may reinforce this belief

bull Instructor Note Can be addressed through training

75

Fearbull Arouses connotations and a fear of having been

shot with a firearm SIMS may cause a powerful mental distraction

bull Mentally the subject must cope with the physiological pain that the body feels

bull Instructor Note Can be addressed through personal experience

76

Panicbull Panic is not a desirable response due to having

less control of the subject or crowd

bull The impact is likely to create fear which may create a fight or flight response

bull Crowds may scatter rendering the intended escape route useless

bull Instructor Note LEAST DESIREABLE RESPONSE

77

Chapter 5

Primary vs Secondary Injuries

Primary vs Secondary Injury

Primary Injury

bull An injury directly caused by the use of force tool use

80

Secondary Injurybull An injury indirectly caused by

the use of force tool use

bull Either from resistance from subject or another officer and or environmental surroundings

81

Flight of a projectile

bull Once leaving barrel seeks equal weight distribution ndash Pan Cakes Saucer Spin

bull Head Wind ndash Round May Dive or Risebull Tail Wind ndash Round may Float or Cork

Screwbull Cross Wind ndash ldquoJrdquo Turn

82

Projectile CalculationWhen the distance of the target

INCREASES it effects

Velocity + Accuracy + Impact = Injury

83

Projectile CalculationWhen the distance of the target

DECREASES it effects

Velocity + Accuracy + Impact = Injury

84

Chapter 6

Target areas when using SIM

Blunt Trauma vs

Penetration Trauma

Blunt Traumabull The MAXIMUM desired effect of an impact munitions is

BLUNT TRAUMA - an impact from an object that leaves the body surface intact but may cause sufficient (non-life threatening) injury to distract control or incapacitate the subject

Stinger Round Injury

Pepperball Injury

Stinger Round Injury87

Types of Blunt Trauma Injuries

bull Abrasions - Skimming the surface skin area

bull Contusions - Injury to the brain

bull Lacerations - Partially hitting the skin surface from the side cutting the surface

88

Continued Blunt Trauma Injuriesbull Fractures - Primary injury when

munition strikes target are directly

bull Secondary injury when munitions strikes target area and causes the body to fall striking another surface indirectly

bull Concussion - Glancing blows or missed target or Falling or collapsing of the subject 89

Penetration Traumabull The unintended and most

undesirable outcome of an SIMS is penetration

bull SIMrsquos can cause Death or serious bodily injury

90

PenetrationPuncture ndash Entering the body

at arsquo90 degree angle breaking

thesurface of the skin

91

Target Areas

Unable to use a striking color baton chart

because the chart was used to identify areas of the body for impact and

injuries for striking a human which is MUCH less

force then deploying Specially Impact

Munitions92

Meat amp Muscle Areas

bull Primary target areas that when striking the human body will cause mild to intense pain with NO LONG LASTING INJURY

93

Primary Target Area ndash the target area

consisting of large muscle groupsbull Buttocks bull Thigh amp Calvesbull Lower Abdominal Areabull BicepsTricepsbull Forearm area

94

Meat amp Bone Areasbull Secondary target areas that when striking the human body will cause mild to intense pain with MINOR to LONG LASTING INJURY

95

Secondary target areas are skeletal areas ndash

preferred - may result in fractures

bull Shoulderbull Kneesbull Anklesbull Wrists bull Elbows

96

Bone amp Sensitive Areasbull Last resort target areas that when

striking the human body will cause intense pain with long lasting injury which MAY RESULT IN SERIOUS BODILY HARM WHICH MAY RESULT IN DEATH

97

Last Resort Target Area ndash the target area when

maximum effectiveness is desired to meet a level of

threat escalating to deadly force justification

bull Head amp Throatbull Chest (center mass)bull Solar plexusbull Groinbull Spinebull Lower back

98

99

100

Clothing

1 In colder climates where heavier clothing and jackets are worn rounds with higher energy capabilities will be required

2 In a case where the subject is lightly dressed pay close attention to munitions selection shot placement and engagement distance

3 In detention facilities and during civil disturbances the subjects may pad themselves in order to defeat the effects of SIM

101

Physical Stature and Condition ndash Is the subject heavy musculature or thin and skeletal age

1 250-pound muscular individual will more than likely be physiologically effected less than a 100-pound individual when both are struck in the sametarget area by SIM

2 The blunt trauma effects and the potential for penetration are much greater for the smallerperson 102

37MM Foam Baton-15 feet=WHOHOW12 ga Rubber Pellets HV- 22 feet= WHOHOW40MM Bean Bag-34 feet=WHOHOW

213

90 to 140 lbs 131 to 185 lbs 186 to 220 lbs (220 to 350+)

103

Immediate Surroundings 1Is there any person in the immediate area who

maybe at risk of a deflected or missed shot

2Identify your target backstop and beyond

104

Chapter 7

Intervention Options

THE FORCE CONTINUUM ndash WHEN TO USE SIMrsquos

bull Ladder of Forcebull Force Continuumbull Circle of Forcebull Force Modularbull Escalation of Force

106

107

OFFICER PRESENCE

bull Uniform Badge bull Dedicated Weapon Displayed

bull On a Slingbull Port Arms bull Ready Carry Position

108

Presence

109

Verbal Commands

bull Please stand over there bull Please sit down on the chairbull Stop put your hands downbull Ending with ldquoDo it nowrdquobull Professional Tone amp Attitude

110

NON-Verbal

111

Verbalization

112

SOFT PHYSICAL TECHNIQUES

bull Slight touching or guiding contact

bull Cupping an elbow to escort Lightly grabbing an arm or shoulder

bull AIMING WEAPON113

Aiming WeaponFinger OFF

Trigger

114

HARD PHYSICAL TECHNIQUES

bull Limb Control Techniquesbull Takedown Ground Stabilizationbull Dynamic Countermeasuresbull Impact Techniquesbull Electrical Devicesbull Hand held impact weapons bull Specialty Impact Munitions

115

Firing the Weapon116

DEADLY FORCE

bull Impact Weaponsbull SIM ndash Changing Aiming Point

bull Neck Restraintbull Firearm

117

Transitioning to

firearm

118

Chapter 8

Documentation

Documentationbull Collect all munitions expended and photographed when practical

ndashEvery CasingndashMark Misfired or Damaged rounds 120

Documentation

bull An inventory of munitions used and not used should be noted

ndashWhat was issued and went out

ndashWhat was fired and misfiredndashWhat was lost and not recovered 121

Documentation

bull A report should be written detailing the order in which the events occurred and the police actions that were required

122

Documentation

bull Report the effectiveness of the various types of SIMrsquos and their delivery systems

ndashWhat did I fire that didnrsquot

ndashWhat did I fire that did123

Documentationbull Document any injuries sustained and property damage incurred

ndashInjuries to SubjectndashOfficersndashBystanders

124

Documentationbull After the crowd has dispersed it

is necessary to move rapidly into the target area to remove lingering groups and to prevent the crowd from regrouping and continuing illegal activity

ndashFollow ThroughndashSecuring the Area

125

LIABILITY ISSUES

The court will decide whether the actions of the officers were

(1)Consistent with the limits set forth by the constitution federal and state laws

(2)Consistent with departmental policy and procedures

(3)Consistent with training the officer received to handle such situations

126

5 Important Questions to ASK

bull What was the distance angle and elevation

bull What was the construction of the round used

bull What was the size of the subjectbull What was the expected point of impactbull What was the training of the shooter

127

Questions the Court will ASK

(1) Look at the conduct of other officers who were present andor participated in the actions

(2) The conduct of supervisors who may have authorized the actions of officers

128

Questions the Court will ASK

(1) Were the actions of the officers consistent with their training

(2) Was the training adequate and acceptable by contemporary standards

If the officers were not trained does it amountto deliberate indifference on the part of the

agency 129

Was the actions of the officer

bull A trained techniquebull Was it a dynamic application of

the trained techniquebull Was it an untrained technique

justified under the circumstances

130

Case Law

Know your laws

Graham v Connor 490 US 386 (1989)

a The US Supreme Court case that defined the standard under which excessive force claims would be judged

(1) The standard established was that of objective reasonableness(2) Prior to this the standard was police behavior that shocks the conscienceldquo

bIn this case the court redefined and set forth a less subjective standard

132Copyrighted by Dave Young

1990

City of Canton v Harris 489 US 378 109 S Ct 1197 (1989)

a In this case a woman was arrested and did not receive necessary medical attention after a shift commander was made aware of her condition and decided she did not need medical attention

b Although on the face the City of Canton policy addressed medical issues they were grossly negligent in that they did not provide the shift commanders with the proper training to make such decisions 133

Copyrighted by Dave Young 1990

City of Canton v Harris 489 US 378 109 S Ct 1197 (1989)

c There were many issues that emerged from this case however the primary issue was that of failure to train on the part of the city That negligence amounted to being deliberately in different to the rights of the plaintiff

The implications of Canton v Harris can also go beyond training issues however the burden of proving the Standard of deliberate indifference is on the plaintiff and not easy to prove

d Court Recommendation The duties that officers are assigned to perform must be accompanied with adequate training to perform that function

134Copyrighted by Dave Young

1990

ONeal v DeKalb County GA 850 F2d 653 (11th Cir 1988)

a A mental subject stabbed 7 people before being confronted by the police After repeatedly ordering the subject to drop the knife and lay on the floor the subject rushed the officers and was shot to death

b The court ruled that the use of deadly force instead of non-lethal force against a knife wielding suspect was not malicious or unreasonable therefore not actionable by the plaintiffs

135Copyrighted by Dave Young

1990

Plakas v Drinski 19 F3rd 1143 (7th Cir 1994) cert Denied 115 S Ct 81 (1994)

This case involved the shooting of a suspect who was

wielding a fire poker When the officer attempted to

arrest him he charged the officer with the fire poker and

was shot by police

(1)Plaintiffs who sued on behalf of the deceased claimed the officer did not use other means of force available to him at that time listing disabling chemical spray a police dog and distance

136Copyrighted by Dave Young

1990

Plakas v Drinski 19 F3rd 1143 (7th Cir 1994) cert Denied 115 SCt 81 (1994)

(2) The court stated ldquothat to permit every jury in this type of case to hear expert testimony that the defendant would have been uninjured if only the police had been able to use disabling gas or a capture net or a electrical device

(a)A municipality is liable because it failed to buy this equipment

(b)The Constitution does not enact a police administratorrsquos

equipment listlsquordquo

(c) The court ruled that there is no legal precedent that requires an officer to utilize alternatives to deadly force

137Copyrighted by Dave Young

1990

Davis v Mason County 927 F2d 1473 (9th Cir 1991)

aThe court ruled that the department had adequate training on the technical components of the use of force but did not have adequate training on the constitutional limits of the use of force in effecting arrests

138Copyrighted by Dave Young

1990

Davis v Mason County 927 F2d 1473 (9th Cir 1991)

b In other words the officers were trained on the how but not on the why and when the force is appropriate

c Court Recommendation Training should include confrontational scenarios of situations that require decision making then articulation by the officer as to the justification for the force used or not used

139Copyrighted by Dave Young

1990

Quezada v County of Bernalillo 944 F2d 710 (10th Cir 1991)

a The court ruled that an officer might be held liable for putting himself in a situation that requires him to use deadly force against an armed suicidal person

b This case involved an officer who left a position of cover to confront a suicidal subject

140Copyrighted by Dave Young

1990

141

Dave YoungFounder amp Director

ARMA Training

Website wwwarmatrainingcom772-913-1615

copyrighted by Dave Young 1994

61

12 Gauge High Velocity - Rubber Pellets

Description - Cartridge 12ga Sting Balltrade HVreg

Type - Multiple Projectile Rubber Pellets

Velocity - 900 ftsec (Avg) Maximum Effective Range - 60 feet

Projectiles - 18 (average)

62

12 Gauge High Velocity - Tri-Dent 3 Rubber Ball

Description - Cartridge 12ga Sting Balltrade HVreg

Type - Multiple Projectile Rubber Balls

Velocity - 900 ftsec (Avg) Maximum Effective Range - 60 feet

Projectiles - 3

63

12 Gauge ldquoPen Preventrdquo Bean Bag Round

bull Projectile Weight - 40 gmbull Material - Shot filled Ballistic Fiber Reinforced flexible sock

bull Terminal Velocity - 280 fps (average) at 10 yardsreg

bull Accuracy - 4rdquo or better at 40 yards using a cylinder bore Remington 870

64

Categories of Rounds bull Flexible ndash Generally conforms to

surface it hits

bull Non-Flexible - Generally doesnrsquot conforms to surface it hits

bull Ridged ndash Generally shatters or bounces off surface it comes into contact with

65

Chapter 3

Angles of Fire

Angles of Fire Defined as the

aiming point with a

designated round for maximum accuracy

67

Direct Angle bull Direct ndash Directly aimed into the target area

68

TARGET

Indirect Anglebull Indirect ndash Skipped into the target area (Usually 3-6 feet based on terrain)

69

TARGET

Low Angle

bull Low Angle ndash Aimed just outside of point of aim point of impact distance

70

TARGET

High Angle

bull High Angle ndash Aimed in a high arch into target area

71

TARGET

Chapter 4

Cause and Effect

Cause amp Effect of Rounds

bull Mental - Discuss

bull Physical - Discuss

73

Mental Effectsbull Specialty Impact Munitions have a

tremendous MENTAL effect on an individual In many cases the mental effects may far outweigh the physical effects and be the determining factor in the subjectrsquos response or time of incapacitation or distraction ldquoA fear of being shotrdquo

74

Anxietybull The action of pointing a firearm directly at

an individual andor actually firing a projectile

bull The pain and at times the appearance of

the injury may reinforce this belief

bull Instructor Note Can be addressed through training

75

Fearbull Arouses connotations and a fear of having been

shot with a firearm SIMS may cause a powerful mental distraction

bull Mentally the subject must cope with the physiological pain that the body feels

bull Instructor Note Can be addressed through personal experience

76

Panicbull Panic is not a desirable response due to having

less control of the subject or crowd

bull The impact is likely to create fear which may create a fight or flight response

bull Crowds may scatter rendering the intended escape route useless

bull Instructor Note LEAST DESIREABLE RESPONSE

77

Chapter 5

Primary vs Secondary Injuries

Primary vs Secondary Injury

Primary Injury

bull An injury directly caused by the use of force tool use

80

Secondary Injurybull An injury indirectly caused by

the use of force tool use

bull Either from resistance from subject or another officer and or environmental surroundings

81

Flight of a projectile

bull Once leaving barrel seeks equal weight distribution ndash Pan Cakes Saucer Spin

bull Head Wind ndash Round May Dive or Risebull Tail Wind ndash Round may Float or Cork

Screwbull Cross Wind ndash ldquoJrdquo Turn

82

Projectile CalculationWhen the distance of the target

INCREASES it effects

Velocity + Accuracy + Impact = Injury

83

Projectile CalculationWhen the distance of the target

DECREASES it effects

Velocity + Accuracy + Impact = Injury

84

Chapter 6

Target areas when using SIM

Blunt Trauma vs

Penetration Trauma

Blunt Traumabull The MAXIMUM desired effect of an impact munitions is

BLUNT TRAUMA - an impact from an object that leaves the body surface intact but may cause sufficient (non-life threatening) injury to distract control or incapacitate the subject

Stinger Round Injury

Pepperball Injury

Stinger Round Injury87

Types of Blunt Trauma Injuries

bull Abrasions - Skimming the surface skin area

bull Contusions - Injury to the brain

bull Lacerations - Partially hitting the skin surface from the side cutting the surface

88

Continued Blunt Trauma Injuriesbull Fractures - Primary injury when

munition strikes target are directly

bull Secondary injury when munitions strikes target area and causes the body to fall striking another surface indirectly

bull Concussion - Glancing blows or missed target or Falling or collapsing of the subject 89

Penetration Traumabull The unintended and most

undesirable outcome of an SIMS is penetration

bull SIMrsquos can cause Death or serious bodily injury

90

PenetrationPuncture ndash Entering the body

at arsquo90 degree angle breaking

thesurface of the skin

91

Target Areas

Unable to use a striking color baton chart

because the chart was used to identify areas of the body for impact and

injuries for striking a human which is MUCH less

force then deploying Specially Impact

Munitions92

Meat amp Muscle Areas

bull Primary target areas that when striking the human body will cause mild to intense pain with NO LONG LASTING INJURY

93

Primary Target Area ndash the target area

consisting of large muscle groupsbull Buttocks bull Thigh amp Calvesbull Lower Abdominal Areabull BicepsTricepsbull Forearm area

94

Meat amp Bone Areasbull Secondary target areas that when striking the human body will cause mild to intense pain with MINOR to LONG LASTING INJURY

95

Secondary target areas are skeletal areas ndash

preferred - may result in fractures

bull Shoulderbull Kneesbull Anklesbull Wrists bull Elbows

96

Bone amp Sensitive Areasbull Last resort target areas that when

striking the human body will cause intense pain with long lasting injury which MAY RESULT IN SERIOUS BODILY HARM WHICH MAY RESULT IN DEATH

97

Last Resort Target Area ndash the target area when

maximum effectiveness is desired to meet a level of

threat escalating to deadly force justification

bull Head amp Throatbull Chest (center mass)bull Solar plexusbull Groinbull Spinebull Lower back

98

99

100

Clothing

1 In colder climates where heavier clothing and jackets are worn rounds with higher energy capabilities will be required

2 In a case where the subject is lightly dressed pay close attention to munitions selection shot placement and engagement distance

3 In detention facilities and during civil disturbances the subjects may pad themselves in order to defeat the effects of SIM

101

Physical Stature and Condition ndash Is the subject heavy musculature or thin and skeletal age

1 250-pound muscular individual will more than likely be physiologically effected less than a 100-pound individual when both are struck in the sametarget area by SIM

2 The blunt trauma effects and the potential for penetration are much greater for the smallerperson 102

37MM Foam Baton-15 feet=WHOHOW12 ga Rubber Pellets HV- 22 feet= WHOHOW40MM Bean Bag-34 feet=WHOHOW

213

90 to 140 lbs 131 to 185 lbs 186 to 220 lbs (220 to 350+)

103

Immediate Surroundings 1Is there any person in the immediate area who

maybe at risk of a deflected or missed shot

2Identify your target backstop and beyond

104

Chapter 7

Intervention Options

THE FORCE CONTINUUM ndash WHEN TO USE SIMrsquos

bull Ladder of Forcebull Force Continuumbull Circle of Forcebull Force Modularbull Escalation of Force

106

107

OFFICER PRESENCE

bull Uniform Badge bull Dedicated Weapon Displayed

bull On a Slingbull Port Arms bull Ready Carry Position

108

Presence

109

Verbal Commands

bull Please stand over there bull Please sit down on the chairbull Stop put your hands downbull Ending with ldquoDo it nowrdquobull Professional Tone amp Attitude

110

NON-Verbal

111

Verbalization

112

SOFT PHYSICAL TECHNIQUES

bull Slight touching or guiding contact

bull Cupping an elbow to escort Lightly grabbing an arm or shoulder

bull AIMING WEAPON113

Aiming WeaponFinger OFF

Trigger

114

HARD PHYSICAL TECHNIQUES

bull Limb Control Techniquesbull Takedown Ground Stabilizationbull Dynamic Countermeasuresbull Impact Techniquesbull Electrical Devicesbull Hand held impact weapons bull Specialty Impact Munitions

115

Firing the Weapon116

DEADLY FORCE

bull Impact Weaponsbull SIM ndash Changing Aiming Point

bull Neck Restraintbull Firearm

117

Transitioning to

firearm

118

Chapter 8

Documentation

Documentationbull Collect all munitions expended and photographed when practical

ndashEvery CasingndashMark Misfired or Damaged rounds 120

Documentation

bull An inventory of munitions used and not used should be noted

ndashWhat was issued and went out

ndashWhat was fired and misfiredndashWhat was lost and not recovered 121

Documentation

bull A report should be written detailing the order in which the events occurred and the police actions that were required

122

Documentation

bull Report the effectiveness of the various types of SIMrsquos and their delivery systems

ndashWhat did I fire that didnrsquot

ndashWhat did I fire that did123

Documentationbull Document any injuries sustained and property damage incurred

ndashInjuries to SubjectndashOfficersndashBystanders

124

Documentationbull After the crowd has dispersed it

is necessary to move rapidly into the target area to remove lingering groups and to prevent the crowd from regrouping and continuing illegal activity

ndashFollow ThroughndashSecuring the Area

125

LIABILITY ISSUES

The court will decide whether the actions of the officers were

(1)Consistent with the limits set forth by the constitution federal and state laws

(2)Consistent with departmental policy and procedures

(3)Consistent with training the officer received to handle such situations

126

5 Important Questions to ASK

bull What was the distance angle and elevation

bull What was the construction of the round used

bull What was the size of the subjectbull What was the expected point of impactbull What was the training of the shooter

127

Questions the Court will ASK

(1) Look at the conduct of other officers who were present andor participated in the actions

(2) The conduct of supervisors who may have authorized the actions of officers

128

Questions the Court will ASK

(1) Were the actions of the officers consistent with their training

(2) Was the training adequate and acceptable by contemporary standards

If the officers were not trained does it amountto deliberate indifference on the part of the

agency 129

Was the actions of the officer

bull A trained techniquebull Was it a dynamic application of

the trained techniquebull Was it an untrained technique

justified under the circumstances

130

Case Law

Know your laws

Graham v Connor 490 US 386 (1989)

a The US Supreme Court case that defined the standard under which excessive force claims would be judged

(1) The standard established was that of objective reasonableness(2) Prior to this the standard was police behavior that shocks the conscienceldquo

bIn this case the court redefined and set forth a less subjective standard

132Copyrighted by Dave Young

1990

City of Canton v Harris 489 US 378 109 S Ct 1197 (1989)

a In this case a woman was arrested and did not receive necessary medical attention after a shift commander was made aware of her condition and decided she did not need medical attention

b Although on the face the City of Canton policy addressed medical issues they were grossly negligent in that they did not provide the shift commanders with the proper training to make such decisions 133

Copyrighted by Dave Young 1990

City of Canton v Harris 489 US 378 109 S Ct 1197 (1989)

c There were many issues that emerged from this case however the primary issue was that of failure to train on the part of the city That negligence amounted to being deliberately in different to the rights of the plaintiff

The implications of Canton v Harris can also go beyond training issues however the burden of proving the Standard of deliberate indifference is on the plaintiff and not easy to prove

d Court Recommendation The duties that officers are assigned to perform must be accompanied with adequate training to perform that function

134Copyrighted by Dave Young

1990

ONeal v DeKalb County GA 850 F2d 653 (11th Cir 1988)

a A mental subject stabbed 7 people before being confronted by the police After repeatedly ordering the subject to drop the knife and lay on the floor the subject rushed the officers and was shot to death

b The court ruled that the use of deadly force instead of non-lethal force against a knife wielding suspect was not malicious or unreasonable therefore not actionable by the plaintiffs

135Copyrighted by Dave Young

1990

Plakas v Drinski 19 F3rd 1143 (7th Cir 1994) cert Denied 115 S Ct 81 (1994)

This case involved the shooting of a suspect who was

wielding a fire poker When the officer attempted to

arrest him he charged the officer with the fire poker and

was shot by police

(1)Plaintiffs who sued on behalf of the deceased claimed the officer did not use other means of force available to him at that time listing disabling chemical spray a police dog and distance

136Copyrighted by Dave Young

1990

Plakas v Drinski 19 F3rd 1143 (7th Cir 1994) cert Denied 115 SCt 81 (1994)

(2) The court stated ldquothat to permit every jury in this type of case to hear expert testimony that the defendant would have been uninjured if only the police had been able to use disabling gas or a capture net or a electrical device

(a)A municipality is liable because it failed to buy this equipment

(b)The Constitution does not enact a police administratorrsquos

equipment listlsquordquo

(c) The court ruled that there is no legal precedent that requires an officer to utilize alternatives to deadly force

137Copyrighted by Dave Young

1990

Davis v Mason County 927 F2d 1473 (9th Cir 1991)

aThe court ruled that the department had adequate training on the technical components of the use of force but did not have adequate training on the constitutional limits of the use of force in effecting arrests

138Copyrighted by Dave Young

1990

Davis v Mason County 927 F2d 1473 (9th Cir 1991)

b In other words the officers were trained on the how but not on the why and when the force is appropriate

c Court Recommendation Training should include confrontational scenarios of situations that require decision making then articulation by the officer as to the justification for the force used or not used

139Copyrighted by Dave Young

1990

Quezada v County of Bernalillo 944 F2d 710 (10th Cir 1991)

a The court ruled that an officer might be held liable for putting himself in a situation that requires him to use deadly force against an armed suicidal person

b This case involved an officer who left a position of cover to confront a suicidal subject

140Copyrighted by Dave Young

1990

141

Dave YoungFounder amp Director

ARMA Training

Website wwwarmatrainingcom772-913-1615

copyrighted by Dave Young 1994

62

12 Gauge High Velocity - Tri-Dent 3 Rubber Ball

Description - Cartridge 12ga Sting Balltrade HVreg

Type - Multiple Projectile Rubber Balls

Velocity - 900 ftsec (Avg) Maximum Effective Range - 60 feet

Projectiles - 3

63

12 Gauge ldquoPen Preventrdquo Bean Bag Round

bull Projectile Weight - 40 gmbull Material - Shot filled Ballistic Fiber Reinforced flexible sock

bull Terminal Velocity - 280 fps (average) at 10 yardsreg

bull Accuracy - 4rdquo or better at 40 yards using a cylinder bore Remington 870

64

Categories of Rounds bull Flexible ndash Generally conforms to

surface it hits

bull Non-Flexible - Generally doesnrsquot conforms to surface it hits

bull Ridged ndash Generally shatters or bounces off surface it comes into contact with

65

Chapter 3

Angles of Fire

Angles of Fire Defined as the

aiming point with a

designated round for maximum accuracy

67

Direct Angle bull Direct ndash Directly aimed into the target area

68

TARGET

Indirect Anglebull Indirect ndash Skipped into the target area (Usually 3-6 feet based on terrain)

69

TARGET

Low Angle

bull Low Angle ndash Aimed just outside of point of aim point of impact distance

70

TARGET

High Angle

bull High Angle ndash Aimed in a high arch into target area

71

TARGET

Chapter 4

Cause and Effect

Cause amp Effect of Rounds

bull Mental - Discuss

bull Physical - Discuss

73

Mental Effectsbull Specialty Impact Munitions have a

tremendous MENTAL effect on an individual In many cases the mental effects may far outweigh the physical effects and be the determining factor in the subjectrsquos response or time of incapacitation or distraction ldquoA fear of being shotrdquo

74

Anxietybull The action of pointing a firearm directly at

an individual andor actually firing a projectile

bull The pain and at times the appearance of

the injury may reinforce this belief

bull Instructor Note Can be addressed through training

75

Fearbull Arouses connotations and a fear of having been

shot with a firearm SIMS may cause a powerful mental distraction

bull Mentally the subject must cope with the physiological pain that the body feels

bull Instructor Note Can be addressed through personal experience

76

Panicbull Panic is not a desirable response due to having

less control of the subject or crowd

bull The impact is likely to create fear which may create a fight or flight response

bull Crowds may scatter rendering the intended escape route useless

bull Instructor Note LEAST DESIREABLE RESPONSE

77

Chapter 5

Primary vs Secondary Injuries

Primary vs Secondary Injury

Primary Injury

bull An injury directly caused by the use of force tool use

80

Secondary Injurybull An injury indirectly caused by

the use of force tool use

bull Either from resistance from subject or another officer and or environmental surroundings

81

Flight of a projectile

bull Once leaving barrel seeks equal weight distribution ndash Pan Cakes Saucer Spin

bull Head Wind ndash Round May Dive or Risebull Tail Wind ndash Round may Float or Cork

Screwbull Cross Wind ndash ldquoJrdquo Turn

82

Projectile CalculationWhen the distance of the target

INCREASES it effects

Velocity + Accuracy + Impact = Injury

83

Projectile CalculationWhen the distance of the target

DECREASES it effects

Velocity + Accuracy + Impact = Injury

84

Chapter 6

Target areas when using SIM

Blunt Trauma vs

Penetration Trauma

Blunt Traumabull The MAXIMUM desired effect of an impact munitions is

BLUNT TRAUMA - an impact from an object that leaves the body surface intact but may cause sufficient (non-life threatening) injury to distract control or incapacitate the subject

Stinger Round Injury

Pepperball Injury

Stinger Round Injury87

Types of Blunt Trauma Injuries

bull Abrasions - Skimming the surface skin area

bull Contusions - Injury to the brain

bull Lacerations - Partially hitting the skin surface from the side cutting the surface

88

Continued Blunt Trauma Injuriesbull Fractures - Primary injury when

munition strikes target are directly

bull Secondary injury when munitions strikes target area and causes the body to fall striking another surface indirectly

bull Concussion - Glancing blows or missed target or Falling or collapsing of the subject 89

Penetration Traumabull The unintended and most

undesirable outcome of an SIMS is penetration

bull SIMrsquos can cause Death or serious bodily injury

90

PenetrationPuncture ndash Entering the body

at arsquo90 degree angle breaking

thesurface of the skin

91

Target Areas

Unable to use a striking color baton chart

because the chart was used to identify areas of the body for impact and

injuries for striking a human which is MUCH less

force then deploying Specially Impact

Munitions92

Meat amp Muscle Areas

bull Primary target areas that when striking the human body will cause mild to intense pain with NO LONG LASTING INJURY

93

Primary Target Area ndash the target area

consisting of large muscle groupsbull Buttocks bull Thigh amp Calvesbull Lower Abdominal Areabull BicepsTricepsbull Forearm area

94

Meat amp Bone Areasbull Secondary target areas that when striking the human body will cause mild to intense pain with MINOR to LONG LASTING INJURY

95

Secondary target areas are skeletal areas ndash

preferred - may result in fractures

bull Shoulderbull Kneesbull Anklesbull Wrists bull Elbows

96

Bone amp Sensitive Areasbull Last resort target areas that when

striking the human body will cause intense pain with long lasting injury which MAY RESULT IN SERIOUS BODILY HARM WHICH MAY RESULT IN DEATH

97

Last Resort Target Area ndash the target area when

maximum effectiveness is desired to meet a level of

threat escalating to deadly force justification

bull Head amp Throatbull Chest (center mass)bull Solar plexusbull Groinbull Spinebull Lower back

98

99

100

Clothing

1 In colder climates where heavier clothing and jackets are worn rounds with higher energy capabilities will be required

2 In a case where the subject is lightly dressed pay close attention to munitions selection shot placement and engagement distance

3 In detention facilities and during civil disturbances the subjects may pad themselves in order to defeat the effects of SIM

101

Physical Stature and Condition ndash Is the subject heavy musculature or thin and skeletal age

1 250-pound muscular individual will more than likely be physiologically effected less than a 100-pound individual when both are struck in the sametarget area by SIM

2 The blunt trauma effects and the potential for penetration are much greater for the smallerperson 102

37MM Foam Baton-15 feet=WHOHOW12 ga Rubber Pellets HV- 22 feet= WHOHOW40MM Bean Bag-34 feet=WHOHOW

213

90 to 140 lbs 131 to 185 lbs 186 to 220 lbs (220 to 350+)

103

Immediate Surroundings 1Is there any person in the immediate area who

maybe at risk of a deflected or missed shot

2Identify your target backstop and beyond

104

Chapter 7

Intervention Options

THE FORCE CONTINUUM ndash WHEN TO USE SIMrsquos

bull Ladder of Forcebull Force Continuumbull Circle of Forcebull Force Modularbull Escalation of Force

106

107

OFFICER PRESENCE

bull Uniform Badge bull Dedicated Weapon Displayed

bull On a Slingbull Port Arms bull Ready Carry Position

108

Presence

109

Verbal Commands

bull Please stand over there bull Please sit down on the chairbull Stop put your hands downbull Ending with ldquoDo it nowrdquobull Professional Tone amp Attitude

110

NON-Verbal

111

Verbalization

112

SOFT PHYSICAL TECHNIQUES

bull Slight touching or guiding contact

bull Cupping an elbow to escort Lightly grabbing an arm or shoulder

bull AIMING WEAPON113

Aiming WeaponFinger OFF

Trigger

114

HARD PHYSICAL TECHNIQUES

bull Limb Control Techniquesbull Takedown Ground Stabilizationbull Dynamic Countermeasuresbull Impact Techniquesbull Electrical Devicesbull Hand held impact weapons bull Specialty Impact Munitions

115

Firing the Weapon116

DEADLY FORCE

bull Impact Weaponsbull SIM ndash Changing Aiming Point

bull Neck Restraintbull Firearm

117

Transitioning to

firearm

118

Chapter 8

Documentation

Documentationbull Collect all munitions expended and photographed when practical

ndashEvery CasingndashMark Misfired or Damaged rounds 120

Documentation

bull An inventory of munitions used and not used should be noted

ndashWhat was issued and went out

ndashWhat was fired and misfiredndashWhat was lost and not recovered 121

Documentation

bull A report should be written detailing the order in which the events occurred and the police actions that were required

122

Documentation

bull Report the effectiveness of the various types of SIMrsquos and their delivery systems

ndashWhat did I fire that didnrsquot

ndashWhat did I fire that did123

Documentationbull Document any injuries sustained and property damage incurred

ndashInjuries to SubjectndashOfficersndashBystanders

124

Documentationbull After the crowd has dispersed it

is necessary to move rapidly into the target area to remove lingering groups and to prevent the crowd from regrouping and continuing illegal activity

ndashFollow ThroughndashSecuring the Area

125

LIABILITY ISSUES

The court will decide whether the actions of the officers were

(1)Consistent with the limits set forth by the constitution federal and state laws

(2)Consistent with departmental policy and procedures

(3)Consistent with training the officer received to handle such situations

126

5 Important Questions to ASK

bull What was the distance angle and elevation

bull What was the construction of the round used

bull What was the size of the subjectbull What was the expected point of impactbull What was the training of the shooter

127

Questions the Court will ASK

(1) Look at the conduct of other officers who were present andor participated in the actions

(2) The conduct of supervisors who may have authorized the actions of officers

128

Questions the Court will ASK

(1) Were the actions of the officers consistent with their training

(2) Was the training adequate and acceptable by contemporary standards

If the officers were not trained does it amountto deliberate indifference on the part of the

agency 129

Was the actions of the officer

bull A trained techniquebull Was it a dynamic application of

the trained techniquebull Was it an untrained technique

justified under the circumstances

130

Case Law

Know your laws

Graham v Connor 490 US 386 (1989)

a The US Supreme Court case that defined the standard under which excessive force claims would be judged

(1) The standard established was that of objective reasonableness(2) Prior to this the standard was police behavior that shocks the conscienceldquo

bIn this case the court redefined and set forth a less subjective standard

132Copyrighted by Dave Young

1990

City of Canton v Harris 489 US 378 109 S Ct 1197 (1989)

a In this case a woman was arrested and did not receive necessary medical attention after a shift commander was made aware of her condition and decided she did not need medical attention

b Although on the face the City of Canton policy addressed medical issues they were grossly negligent in that they did not provide the shift commanders with the proper training to make such decisions 133

Copyrighted by Dave Young 1990

City of Canton v Harris 489 US 378 109 S Ct 1197 (1989)

c There were many issues that emerged from this case however the primary issue was that of failure to train on the part of the city That negligence amounted to being deliberately in different to the rights of the plaintiff

The implications of Canton v Harris can also go beyond training issues however the burden of proving the Standard of deliberate indifference is on the plaintiff and not easy to prove

d Court Recommendation The duties that officers are assigned to perform must be accompanied with adequate training to perform that function

134Copyrighted by Dave Young

1990

ONeal v DeKalb County GA 850 F2d 653 (11th Cir 1988)

a A mental subject stabbed 7 people before being confronted by the police After repeatedly ordering the subject to drop the knife and lay on the floor the subject rushed the officers and was shot to death

b The court ruled that the use of deadly force instead of non-lethal force against a knife wielding suspect was not malicious or unreasonable therefore not actionable by the plaintiffs

135Copyrighted by Dave Young

1990

Plakas v Drinski 19 F3rd 1143 (7th Cir 1994) cert Denied 115 S Ct 81 (1994)

This case involved the shooting of a suspect who was

wielding a fire poker When the officer attempted to

arrest him he charged the officer with the fire poker and

was shot by police

(1)Plaintiffs who sued on behalf of the deceased claimed the officer did not use other means of force available to him at that time listing disabling chemical spray a police dog and distance

136Copyrighted by Dave Young

1990

Plakas v Drinski 19 F3rd 1143 (7th Cir 1994) cert Denied 115 SCt 81 (1994)

(2) The court stated ldquothat to permit every jury in this type of case to hear expert testimony that the defendant would have been uninjured if only the police had been able to use disabling gas or a capture net or a electrical device

(a)A municipality is liable because it failed to buy this equipment

(b)The Constitution does not enact a police administratorrsquos

equipment listlsquordquo

(c) The court ruled that there is no legal precedent that requires an officer to utilize alternatives to deadly force

137Copyrighted by Dave Young

1990

Davis v Mason County 927 F2d 1473 (9th Cir 1991)

aThe court ruled that the department had adequate training on the technical components of the use of force but did not have adequate training on the constitutional limits of the use of force in effecting arrests

138Copyrighted by Dave Young

1990

Davis v Mason County 927 F2d 1473 (9th Cir 1991)

b In other words the officers were trained on the how but not on the why and when the force is appropriate

c Court Recommendation Training should include confrontational scenarios of situations that require decision making then articulation by the officer as to the justification for the force used or not used

139Copyrighted by Dave Young

1990

Quezada v County of Bernalillo 944 F2d 710 (10th Cir 1991)

a The court ruled that an officer might be held liable for putting himself in a situation that requires him to use deadly force against an armed suicidal person

b This case involved an officer who left a position of cover to confront a suicidal subject

140Copyrighted by Dave Young

1990

141

Dave YoungFounder amp Director

ARMA Training

Website wwwarmatrainingcom772-913-1615

copyrighted by Dave Young 1994

63

12 Gauge ldquoPen Preventrdquo Bean Bag Round

bull Projectile Weight - 40 gmbull Material - Shot filled Ballistic Fiber Reinforced flexible sock

bull Terminal Velocity - 280 fps (average) at 10 yardsreg

bull Accuracy - 4rdquo or better at 40 yards using a cylinder bore Remington 870

64

Categories of Rounds bull Flexible ndash Generally conforms to

surface it hits

bull Non-Flexible - Generally doesnrsquot conforms to surface it hits

bull Ridged ndash Generally shatters or bounces off surface it comes into contact with

65

Chapter 3

Angles of Fire

Angles of Fire Defined as the

aiming point with a

designated round for maximum accuracy

67

Direct Angle bull Direct ndash Directly aimed into the target area

68

TARGET

Indirect Anglebull Indirect ndash Skipped into the target area (Usually 3-6 feet based on terrain)

69

TARGET

Low Angle

bull Low Angle ndash Aimed just outside of point of aim point of impact distance

70

TARGET

High Angle

bull High Angle ndash Aimed in a high arch into target area

71

TARGET

Chapter 4

Cause and Effect

Cause amp Effect of Rounds

bull Mental - Discuss

bull Physical - Discuss

73

Mental Effectsbull Specialty Impact Munitions have a

tremendous MENTAL effect on an individual In many cases the mental effects may far outweigh the physical effects and be the determining factor in the subjectrsquos response or time of incapacitation or distraction ldquoA fear of being shotrdquo

74

Anxietybull The action of pointing a firearm directly at

an individual andor actually firing a projectile

bull The pain and at times the appearance of

the injury may reinforce this belief

bull Instructor Note Can be addressed through training

75

Fearbull Arouses connotations and a fear of having been

shot with a firearm SIMS may cause a powerful mental distraction

bull Mentally the subject must cope with the physiological pain that the body feels

bull Instructor Note Can be addressed through personal experience

76

Panicbull Panic is not a desirable response due to having

less control of the subject or crowd

bull The impact is likely to create fear which may create a fight or flight response

bull Crowds may scatter rendering the intended escape route useless

bull Instructor Note LEAST DESIREABLE RESPONSE

77

Chapter 5

Primary vs Secondary Injuries

Primary vs Secondary Injury

Primary Injury

bull An injury directly caused by the use of force tool use

80

Secondary Injurybull An injury indirectly caused by

the use of force tool use

bull Either from resistance from subject or another officer and or environmental surroundings

81

Flight of a projectile

bull Once leaving barrel seeks equal weight distribution ndash Pan Cakes Saucer Spin

bull Head Wind ndash Round May Dive or Risebull Tail Wind ndash Round may Float or Cork

Screwbull Cross Wind ndash ldquoJrdquo Turn

82

Projectile CalculationWhen the distance of the target

INCREASES it effects

Velocity + Accuracy + Impact = Injury

83

Projectile CalculationWhen the distance of the target

DECREASES it effects

Velocity + Accuracy + Impact = Injury

84

Chapter 6

Target areas when using SIM

Blunt Trauma vs

Penetration Trauma

Blunt Traumabull The MAXIMUM desired effect of an impact munitions is

BLUNT TRAUMA - an impact from an object that leaves the body surface intact but may cause sufficient (non-life threatening) injury to distract control or incapacitate the subject

Stinger Round Injury

Pepperball Injury

Stinger Round Injury87

Types of Blunt Trauma Injuries

bull Abrasions - Skimming the surface skin area

bull Contusions - Injury to the brain

bull Lacerations - Partially hitting the skin surface from the side cutting the surface

88

Continued Blunt Trauma Injuriesbull Fractures - Primary injury when

munition strikes target are directly

bull Secondary injury when munitions strikes target area and causes the body to fall striking another surface indirectly

bull Concussion - Glancing blows or missed target or Falling or collapsing of the subject 89

Penetration Traumabull The unintended and most

undesirable outcome of an SIMS is penetration

bull SIMrsquos can cause Death or serious bodily injury

90

PenetrationPuncture ndash Entering the body

at arsquo90 degree angle breaking

thesurface of the skin

91

Target Areas

Unable to use a striking color baton chart

because the chart was used to identify areas of the body for impact and

injuries for striking a human which is MUCH less

force then deploying Specially Impact

Munitions92

Meat amp Muscle Areas

bull Primary target areas that when striking the human body will cause mild to intense pain with NO LONG LASTING INJURY

93

Primary Target Area ndash the target area

consisting of large muscle groupsbull Buttocks bull Thigh amp Calvesbull Lower Abdominal Areabull BicepsTricepsbull Forearm area

94

Meat amp Bone Areasbull Secondary target areas that when striking the human body will cause mild to intense pain with MINOR to LONG LASTING INJURY

95

Secondary target areas are skeletal areas ndash

preferred - may result in fractures

bull Shoulderbull Kneesbull Anklesbull Wrists bull Elbows

96

Bone amp Sensitive Areasbull Last resort target areas that when

striking the human body will cause intense pain with long lasting injury which MAY RESULT IN SERIOUS BODILY HARM WHICH MAY RESULT IN DEATH

97

Last Resort Target Area ndash the target area when

maximum effectiveness is desired to meet a level of

threat escalating to deadly force justification

bull Head amp Throatbull Chest (center mass)bull Solar plexusbull Groinbull Spinebull Lower back

98

99

100

Clothing

1 In colder climates where heavier clothing and jackets are worn rounds with higher energy capabilities will be required

2 In a case where the subject is lightly dressed pay close attention to munitions selection shot placement and engagement distance

3 In detention facilities and during civil disturbances the subjects may pad themselves in order to defeat the effects of SIM

101

Physical Stature and Condition ndash Is the subject heavy musculature or thin and skeletal age

1 250-pound muscular individual will more than likely be physiologically effected less than a 100-pound individual when both are struck in the sametarget area by SIM

2 The blunt trauma effects and the potential for penetration are much greater for the smallerperson 102

37MM Foam Baton-15 feet=WHOHOW12 ga Rubber Pellets HV- 22 feet= WHOHOW40MM Bean Bag-34 feet=WHOHOW

213

90 to 140 lbs 131 to 185 lbs 186 to 220 lbs (220 to 350+)

103

Immediate Surroundings 1Is there any person in the immediate area who

maybe at risk of a deflected or missed shot

2Identify your target backstop and beyond

104

Chapter 7

Intervention Options

THE FORCE CONTINUUM ndash WHEN TO USE SIMrsquos

bull Ladder of Forcebull Force Continuumbull Circle of Forcebull Force Modularbull Escalation of Force

106

107

OFFICER PRESENCE

bull Uniform Badge bull Dedicated Weapon Displayed

bull On a Slingbull Port Arms bull Ready Carry Position

108

Presence

109

Verbal Commands

bull Please stand over there bull Please sit down on the chairbull Stop put your hands downbull Ending with ldquoDo it nowrdquobull Professional Tone amp Attitude

110

NON-Verbal

111

Verbalization

112

SOFT PHYSICAL TECHNIQUES

bull Slight touching or guiding contact

bull Cupping an elbow to escort Lightly grabbing an arm or shoulder

bull AIMING WEAPON113

Aiming WeaponFinger OFF

Trigger

114

HARD PHYSICAL TECHNIQUES

bull Limb Control Techniquesbull Takedown Ground Stabilizationbull Dynamic Countermeasuresbull Impact Techniquesbull Electrical Devicesbull Hand held impact weapons bull Specialty Impact Munitions

115

Firing the Weapon116

DEADLY FORCE

bull Impact Weaponsbull SIM ndash Changing Aiming Point

bull Neck Restraintbull Firearm

117

Transitioning to

firearm

118

Chapter 8

Documentation

Documentationbull Collect all munitions expended and photographed when practical

ndashEvery CasingndashMark Misfired or Damaged rounds 120

Documentation

bull An inventory of munitions used and not used should be noted

ndashWhat was issued and went out

ndashWhat was fired and misfiredndashWhat was lost and not recovered 121

Documentation

bull A report should be written detailing the order in which the events occurred and the police actions that were required

122

Documentation

bull Report the effectiveness of the various types of SIMrsquos and their delivery systems

ndashWhat did I fire that didnrsquot

ndashWhat did I fire that did123

Documentationbull Document any injuries sustained and property damage incurred

ndashInjuries to SubjectndashOfficersndashBystanders

124

Documentationbull After the crowd has dispersed it

is necessary to move rapidly into the target area to remove lingering groups and to prevent the crowd from regrouping and continuing illegal activity

ndashFollow ThroughndashSecuring the Area

125

LIABILITY ISSUES

The court will decide whether the actions of the officers were

(1)Consistent with the limits set forth by the constitution federal and state laws

(2)Consistent with departmental policy and procedures

(3)Consistent with training the officer received to handle such situations

126

5 Important Questions to ASK

bull What was the distance angle and elevation

bull What was the construction of the round used

bull What was the size of the subjectbull What was the expected point of impactbull What was the training of the shooter

127

Questions the Court will ASK

(1) Look at the conduct of other officers who were present andor participated in the actions

(2) The conduct of supervisors who may have authorized the actions of officers

128

Questions the Court will ASK

(1) Were the actions of the officers consistent with their training

(2) Was the training adequate and acceptable by contemporary standards

If the officers were not trained does it amountto deliberate indifference on the part of the

agency 129

Was the actions of the officer

bull A trained techniquebull Was it a dynamic application of

the trained techniquebull Was it an untrained technique

justified under the circumstances

130

Case Law

Know your laws

Graham v Connor 490 US 386 (1989)

a The US Supreme Court case that defined the standard under which excessive force claims would be judged

(1) The standard established was that of objective reasonableness(2) Prior to this the standard was police behavior that shocks the conscienceldquo

bIn this case the court redefined and set forth a less subjective standard

132Copyrighted by Dave Young

1990

City of Canton v Harris 489 US 378 109 S Ct 1197 (1989)

a In this case a woman was arrested and did not receive necessary medical attention after a shift commander was made aware of her condition and decided she did not need medical attention

b Although on the face the City of Canton policy addressed medical issues they were grossly negligent in that they did not provide the shift commanders with the proper training to make such decisions 133

Copyrighted by Dave Young 1990

City of Canton v Harris 489 US 378 109 S Ct 1197 (1989)

c There were many issues that emerged from this case however the primary issue was that of failure to train on the part of the city That negligence amounted to being deliberately in different to the rights of the plaintiff

The implications of Canton v Harris can also go beyond training issues however the burden of proving the Standard of deliberate indifference is on the plaintiff and not easy to prove

d Court Recommendation The duties that officers are assigned to perform must be accompanied with adequate training to perform that function

134Copyrighted by Dave Young

1990

ONeal v DeKalb County GA 850 F2d 653 (11th Cir 1988)

a A mental subject stabbed 7 people before being confronted by the police After repeatedly ordering the subject to drop the knife and lay on the floor the subject rushed the officers and was shot to death

b The court ruled that the use of deadly force instead of non-lethal force against a knife wielding suspect was not malicious or unreasonable therefore not actionable by the plaintiffs

135Copyrighted by Dave Young

1990

Plakas v Drinski 19 F3rd 1143 (7th Cir 1994) cert Denied 115 S Ct 81 (1994)

This case involved the shooting of a suspect who was

wielding a fire poker When the officer attempted to

arrest him he charged the officer with the fire poker and

was shot by police

(1)Plaintiffs who sued on behalf of the deceased claimed the officer did not use other means of force available to him at that time listing disabling chemical spray a police dog and distance

136Copyrighted by Dave Young

1990

Plakas v Drinski 19 F3rd 1143 (7th Cir 1994) cert Denied 115 SCt 81 (1994)

(2) The court stated ldquothat to permit every jury in this type of case to hear expert testimony that the defendant would have been uninjured if only the police had been able to use disabling gas or a capture net or a electrical device

(a)A municipality is liable because it failed to buy this equipment

(b)The Constitution does not enact a police administratorrsquos

equipment listlsquordquo

(c) The court ruled that there is no legal precedent that requires an officer to utilize alternatives to deadly force

137Copyrighted by Dave Young

1990

Davis v Mason County 927 F2d 1473 (9th Cir 1991)

aThe court ruled that the department had adequate training on the technical components of the use of force but did not have adequate training on the constitutional limits of the use of force in effecting arrests

138Copyrighted by Dave Young

1990

Davis v Mason County 927 F2d 1473 (9th Cir 1991)

b In other words the officers were trained on the how but not on the why and when the force is appropriate

c Court Recommendation Training should include confrontational scenarios of situations that require decision making then articulation by the officer as to the justification for the force used or not used

139Copyrighted by Dave Young

1990

Quezada v County of Bernalillo 944 F2d 710 (10th Cir 1991)

a The court ruled that an officer might be held liable for putting himself in a situation that requires him to use deadly force against an armed suicidal person

b This case involved an officer who left a position of cover to confront a suicidal subject

140Copyrighted by Dave Young

1990

141

Dave YoungFounder amp Director

ARMA Training

Website wwwarmatrainingcom772-913-1615

copyrighted by Dave Young 1994

64

Categories of Rounds bull Flexible ndash Generally conforms to

surface it hits

bull Non-Flexible - Generally doesnrsquot conforms to surface it hits

bull Ridged ndash Generally shatters or bounces off surface it comes into contact with

65

Chapter 3

Angles of Fire

Angles of Fire Defined as the

aiming point with a

designated round for maximum accuracy

67

Direct Angle bull Direct ndash Directly aimed into the target area

68

TARGET

Indirect Anglebull Indirect ndash Skipped into the target area (Usually 3-6 feet based on terrain)

69

TARGET

Low Angle

bull Low Angle ndash Aimed just outside of point of aim point of impact distance

70

TARGET

High Angle

bull High Angle ndash Aimed in a high arch into target area

71

TARGET

Chapter 4

Cause and Effect

Cause amp Effect of Rounds

bull Mental - Discuss

bull Physical - Discuss

73

Mental Effectsbull Specialty Impact Munitions have a

tremendous MENTAL effect on an individual In many cases the mental effects may far outweigh the physical effects and be the determining factor in the subjectrsquos response or time of incapacitation or distraction ldquoA fear of being shotrdquo

74

Anxietybull The action of pointing a firearm directly at

an individual andor actually firing a projectile

bull The pain and at times the appearance of

the injury may reinforce this belief

bull Instructor Note Can be addressed through training

75

Fearbull Arouses connotations and a fear of having been

shot with a firearm SIMS may cause a powerful mental distraction

bull Mentally the subject must cope with the physiological pain that the body feels

bull Instructor Note Can be addressed through personal experience

76

Panicbull Panic is not a desirable response due to having

less control of the subject or crowd

bull The impact is likely to create fear which may create a fight or flight response

bull Crowds may scatter rendering the intended escape route useless

bull Instructor Note LEAST DESIREABLE RESPONSE

77

Chapter 5

Primary vs Secondary Injuries

Primary vs Secondary Injury

Primary Injury

bull An injury directly caused by the use of force tool use

80

Secondary Injurybull An injury indirectly caused by

the use of force tool use

bull Either from resistance from subject or another officer and or environmental surroundings

81

Flight of a projectile

bull Once leaving barrel seeks equal weight distribution ndash Pan Cakes Saucer Spin

bull Head Wind ndash Round May Dive or Risebull Tail Wind ndash Round may Float or Cork

Screwbull Cross Wind ndash ldquoJrdquo Turn

82

Projectile CalculationWhen the distance of the target

INCREASES it effects

Velocity + Accuracy + Impact = Injury

83

Projectile CalculationWhen the distance of the target

DECREASES it effects

Velocity + Accuracy + Impact = Injury

84

Chapter 6

Target areas when using SIM

Blunt Trauma vs

Penetration Trauma

Blunt Traumabull The MAXIMUM desired effect of an impact munitions is

BLUNT TRAUMA - an impact from an object that leaves the body surface intact but may cause sufficient (non-life threatening) injury to distract control or incapacitate the subject

Stinger Round Injury

Pepperball Injury

Stinger Round Injury87

Types of Blunt Trauma Injuries

bull Abrasions - Skimming the surface skin area

bull Contusions - Injury to the brain

bull Lacerations - Partially hitting the skin surface from the side cutting the surface

88

Continued Blunt Trauma Injuriesbull Fractures - Primary injury when

munition strikes target are directly

bull Secondary injury when munitions strikes target area and causes the body to fall striking another surface indirectly

bull Concussion - Glancing blows or missed target or Falling or collapsing of the subject 89

Penetration Traumabull The unintended and most

undesirable outcome of an SIMS is penetration

bull SIMrsquos can cause Death or serious bodily injury

90

PenetrationPuncture ndash Entering the body

at arsquo90 degree angle breaking

thesurface of the skin

91

Target Areas

Unable to use a striking color baton chart

because the chart was used to identify areas of the body for impact and

injuries for striking a human which is MUCH less

force then deploying Specially Impact

Munitions92

Meat amp Muscle Areas

bull Primary target areas that when striking the human body will cause mild to intense pain with NO LONG LASTING INJURY

93

Primary Target Area ndash the target area

consisting of large muscle groupsbull Buttocks bull Thigh amp Calvesbull Lower Abdominal Areabull BicepsTricepsbull Forearm area

94

Meat amp Bone Areasbull Secondary target areas that when striking the human body will cause mild to intense pain with MINOR to LONG LASTING INJURY

95

Secondary target areas are skeletal areas ndash

preferred - may result in fractures

bull Shoulderbull Kneesbull Anklesbull Wrists bull Elbows

96

Bone amp Sensitive Areasbull Last resort target areas that when

striking the human body will cause intense pain with long lasting injury which MAY RESULT IN SERIOUS BODILY HARM WHICH MAY RESULT IN DEATH

97

Last Resort Target Area ndash the target area when

maximum effectiveness is desired to meet a level of

threat escalating to deadly force justification

bull Head amp Throatbull Chest (center mass)bull Solar plexusbull Groinbull Spinebull Lower back

98

99

100

Clothing

1 In colder climates where heavier clothing and jackets are worn rounds with higher energy capabilities will be required

2 In a case where the subject is lightly dressed pay close attention to munitions selection shot placement and engagement distance

3 In detention facilities and during civil disturbances the subjects may pad themselves in order to defeat the effects of SIM

101

Physical Stature and Condition ndash Is the subject heavy musculature or thin and skeletal age

1 250-pound muscular individual will more than likely be physiologically effected less than a 100-pound individual when both are struck in the sametarget area by SIM

2 The blunt trauma effects and the potential for penetration are much greater for the smallerperson 102

37MM Foam Baton-15 feet=WHOHOW12 ga Rubber Pellets HV- 22 feet= WHOHOW40MM Bean Bag-34 feet=WHOHOW

213

90 to 140 lbs 131 to 185 lbs 186 to 220 lbs (220 to 350+)

103

Immediate Surroundings 1Is there any person in the immediate area who

maybe at risk of a deflected or missed shot

2Identify your target backstop and beyond

104

Chapter 7

Intervention Options

THE FORCE CONTINUUM ndash WHEN TO USE SIMrsquos

bull Ladder of Forcebull Force Continuumbull Circle of Forcebull Force Modularbull Escalation of Force

106

107

OFFICER PRESENCE

bull Uniform Badge bull Dedicated Weapon Displayed

bull On a Slingbull Port Arms bull Ready Carry Position

108

Presence

109

Verbal Commands

bull Please stand over there bull Please sit down on the chairbull Stop put your hands downbull Ending with ldquoDo it nowrdquobull Professional Tone amp Attitude

110

NON-Verbal

111

Verbalization

112

SOFT PHYSICAL TECHNIQUES

bull Slight touching or guiding contact

bull Cupping an elbow to escort Lightly grabbing an arm or shoulder

bull AIMING WEAPON113

Aiming WeaponFinger OFF

Trigger

114

HARD PHYSICAL TECHNIQUES

bull Limb Control Techniquesbull Takedown Ground Stabilizationbull Dynamic Countermeasuresbull Impact Techniquesbull Electrical Devicesbull Hand held impact weapons bull Specialty Impact Munitions

115

Firing the Weapon116

DEADLY FORCE

bull Impact Weaponsbull SIM ndash Changing Aiming Point

bull Neck Restraintbull Firearm

117

Transitioning to

firearm

118

Chapter 8

Documentation

Documentationbull Collect all munitions expended and photographed when practical

ndashEvery CasingndashMark Misfired or Damaged rounds 120

Documentation

bull An inventory of munitions used and not used should be noted

ndashWhat was issued and went out

ndashWhat was fired and misfiredndashWhat was lost and not recovered 121

Documentation

bull A report should be written detailing the order in which the events occurred and the police actions that were required

122

Documentation

bull Report the effectiveness of the various types of SIMrsquos and their delivery systems

ndashWhat did I fire that didnrsquot

ndashWhat did I fire that did123

Documentationbull Document any injuries sustained and property damage incurred

ndashInjuries to SubjectndashOfficersndashBystanders

124

Documentationbull After the crowd has dispersed it

is necessary to move rapidly into the target area to remove lingering groups and to prevent the crowd from regrouping and continuing illegal activity

ndashFollow ThroughndashSecuring the Area

125

LIABILITY ISSUES

The court will decide whether the actions of the officers were

(1)Consistent with the limits set forth by the constitution federal and state laws

(2)Consistent with departmental policy and procedures

(3)Consistent with training the officer received to handle such situations

126

5 Important Questions to ASK

bull What was the distance angle and elevation

bull What was the construction of the round used

bull What was the size of the subjectbull What was the expected point of impactbull What was the training of the shooter

127

Questions the Court will ASK

(1) Look at the conduct of other officers who were present andor participated in the actions

(2) The conduct of supervisors who may have authorized the actions of officers

128

Questions the Court will ASK

(1) Were the actions of the officers consistent with their training

(2) Was the training adequate and acceptable by contemporary standards

If the officers were not trained does it amountto deliberate indifference on the part of the

agency 129

Was the actions of the officer

bull A trained techniquebull Was it a dynamic application of

the trained techniquebull Was it an untrained technique

justified under the circumstances

130

Case Law

Know your laws

Graham v Connor 490 US 386 (1989)

a The US Supreme Court case that defined the standard under which excessive force claims would be judged

(1) The standard established was that of objective reasonableness(2) Prior to this the standard was police behavior that shocks the conscienceldquo

bIn this case the court redefined and set forth a less subjective standard

132Copyrighted by Dave Young

1990

City of Canton v Harris 489 US 378 109 S Ct 1197 (1989)

a In this case a woman was arrested and did not receive necessary medical attention after a shift commander was made aware of her condition and decided she did not need medical attention

b Although on the face the City of Canton policy addressed medical issues they were grossly negligent in that they did not provide the shift commanders with the proper training to make such decisions 133

Copyrighted by Dave Young 1990

City of Canton v Harris 489 US 378 109 S Ct 1197 (1989)

c There were many issues that emerged from this case however the primary issue was that of failure to train on the part of the city That negligence amounted to being deliberately in different to the rights of the plaintiff

The implications of Canton v Harris can also go beyond training issues however the burden of proving the Standard of deliberate indifference is on the plaintiff and not easy to prove

d Court Recommendation The duties that officers are assigned to perform must be accompanied with adequate training to perform that function

134Copyrighted by Dave Young

1990

ONeal v DeKalb County GA 850 F2d 653 (11th Cir 1988)

a A mental subject stabbed 7 people before being confronted by the police After repeatedly ordering the subject to drop the knife and lay on the floor the subject rushed the officers and was shot to death

b The court ruled that the use of deadly force instead of non-lethal force against a knife wielding suspect was not malicious or unreasonable therefore not actionable by the plaintiffs

135Copyrighted by Dave Young

1990

Plakas v Drinski 19 F3rd 1143 (7th Cir 1994) cert Denied 115 S Ct 81 (1994)

This case involved the shooting of a suspect who was

wielding a fire poker When the officer attempted to

arrest him he charged the officer with the fire poker and

was shot by police

(1)Plaintiffs who sued on behalf of the deceased claimed the officer did not use other means of force available to him at that time listing disabling chemical spray a police dog and distance

136Copyrighted by Dave Young

1990

Plakas v Drinski 19 F3rd 1143 (7th Cir 1994) cert Denied 115 SCt 81 (1994)

(2) The court stated ldquothat to permit every jury in this type of case to hear expert testimony that the defendant would have been uninjured if only the police had been able to use disabling gas or a capture net or a electrical device

(a)A municipality is liable because it failed to buy this equipment

(b)The Constitution does not enact a police administratorrsquos

equipment listlsquordquo

(c) The court ruled that there is no legal precedent that requires an officer to utilize alternatives to deadly force

137Copyrighted by Dave Young

1990

Davis v Mason County 927 F2d 1473 (9th Cir 1991)

aThe court ruled that the department had adequate training on the technical components of the use of force but did not have adequate training on the constitutional limits of the use of force in effecting arrests

138Copyrighted by Dave Young

1990

Davis v Mason County 927 F2d 1473 (9th Cir 1991)

b In other words the officers were trained on the how but not on the why and when the force is appropriate

c Court Recommendation Training should include confrontational scenarios of situations that require decision making then articulation by the officer as to the justification for the force used or not used

139Copyrighted by Dave Young

1990

Quezada v County of Bernalillo 944 F2d 710 (10th Cir 1991)

a The court ruled that an officer might be held liable for putting himself in a situation that requires him to use deadly force against an armed suicidal person

b This case involved an officer who left a position of cover to confront a suicidal subject

140Copyrighted by Dave Young

1990

141

Dave YoungFounder amp Director

ARMA Training

Website wwwarmatrainingcom772-913-1615

copyrighted by Dave Young 1994

Categories of Rounds bull Flexible ndash Generally conforms to

surface it hits

bull Non-Flexible - Generally doesnrsquot conforms to surface it hits

bull Ridged ndash Generally shatters or bounces off surface it comes into contact with

65

Chapter 3

Angles of Fire

Angles of Fire Defined as the

aiming point with a

designated round for maximum accuracy

67

Direct Angle bull Direct ndash Directly aimed into the target area

68

TARGET

Indirect Anglebull Indirect ndash Skipped into the target area (Usually 3-6 feet based on terrain)

69

TARGET

Low Angle

bull Low Angle ndash Aimed just outside of point of aim point of impact distance

70

TARGET

High Angle

bull High Angle ndash Aimed in a high arch into target area

71

TARGET

Chapter 4

Cause and Effect

Cause amp Effect of Rounds

bull Mental - Discuss

bull Physical - Discuss

73

Mental Effectsbull Specialty Impact Munitions have a

tremendous MENTAL effect on an individual In many cases the mental effects may far outweigh the physical effects and be the determining factor in the subjectrsquos response or time of incapacitation or distraction ldquoA fear of being shotrdquo

74

Anxietybull The action of pointing a firearm directly at

an individual andor actually firing a projectile

bull The pain and at times the appearance of

the injury may reinforce this belief

bull Instructor Note Can be addressed through training

75

Fearbull Arouses connotations and a fear of having been

shot with a firearm SIMS may cause a powerful mental distraction

bull Mentally the subject must cope with the physiological pain that the body feels

bull Instructor Note Can be addressed through personal experience

76

Panicbull Panic is not a desirable response due to having

less control of the subject or crowd

bull The impact is likely to create fear which may create a fight or flight response

bull Crowds may scatter rendering the intended escape route useless

bull Instructor Note LEAST DESIREABLE RESPONSE

77

Chapter 5

Primary vs Secondary Injuries

Primary vs Secondary Injury

Primary Injury

bull An injury directly caused by the use of force tool use

80

Secondary Injurybull An injury indirectly caused by

the use of force tool use

bull Either from resistance from subject or another officer and or environmental surroundings

81

Flight of a projectile

bull Once leaving barrel seeks equal weight distribution ndash Pan Cakes Saucer Spin

bull Head Wind ndash Round May Dive or Risebull Tail Wind ndash Round may Float or Cork

Screwbull Cross Wind ndash ldquoJrdquo Turn

82

Projectile CalculationWhen the distance of the target

INCREASES it effects

Velocity + Accuracy + Impact = Injury

83

Projectile CalculationWhen the distance of the target

DECREASES it effects

Velocity + Accuracy + Impact = Injury

84

Chapter 6

Target areas when using SIM

Blunt Trauma vs

Penetration Trauma

Blunt Traumabull The MAXIMUM desired effect of an impact munitions is

BLUNT TRAUMA - an impact from an object that leaves the body surface intact but may cause sufficient (non-life threatening) injury to distract control or incapacitate the subject

Stinger Round Injury

Pepperball Injury

Stinger Round Injury87

Types of Blunt Trauma Injuries

bull Abrasions - Skimming the surface skin area

bull Contusions - Injury to the brain

bull Lacerations - Partially hitting the skin surface from the side cutting the surface

88

Continued Blunt Trauma Injuriesbull Fractures - Primary injury when

munition strikes target are directly

bull Secondary injury when munitions strikes target area and causes the body to fall striking another surface indirectly

bull Concussion - Glancing blows or missed target or Falling or collapsing of the subject 89

Penetration Traumabull The unintended and most

undesirable outcome of an SIMS is penetration

bull SIMrsquos can cause Death or serious bodily injury

90

PenetrationPuncture ndash Entering the body

at arsquo90 degree angle breaking

thesurface of the skin

91

Target Areas

Unable to use a striking color baton chart

because the chart was used to identify areas of the body for impact and

injuries for striking a human which is MUCH less

force then deploying Specially Impact

Munitions92

Meat amp Muscle Areas

bull Primary target areas that when striking the human body will cause mild to intense pain with NO LONG LASTING INJURY

93

Primary Target Area ndash the target area

consisting of large muscle groupsbull Buttocks bull Thigh amp Calvesbull Lower Abdominal Areabull BicepsTricepsbull Forearm area

94

Meat amp Bone Areasbull Secondary target areas that when striking the human body will cause mild to intense pain with MINOR to LONG LASTING INJURY

95

Secondary target areas are skeletal areas ndash

preferred - may result in fractures

bull Shoulderbull Kneesbull Anklesbull Wrists bull Elbows

96

Bone amp Sensitive Areasbull Last resort target areas that when

striking the human body will cause intense pain with long lasting injury which MAY RESULT IN SERIOUS BODILY HARM WHICH MAY RESULT IN DEATH

97

Last Resort Target Area ndash the target area when

maximum effectiveness is desired to meet a level of

threat escalating to deadly force justification

bull Head amp Throatbull Chest (center mass)bull Solar plexusbull Groinbull Spinebull Lower back

98

99

100

Clothing

1 In colder climates where heavier clothing and jackets are worn rounds with higher energy capabilities will be required

2 In a case where the subject is lightly dressed pay close attention to munitions selection shot placement and engagement distance

3 In detention facilities and during civil disturbances the subjects may pad themselves in order to defeat the effects of SIM

101

Physical Stature and Condition ndash Is the subject heavy musculature or thin and skeletal age

1 250-pound muscular individual will more than likely be physiologically effected less than a 100-pound individual when both are struck in the sametarget area by SIM

2 The blunt trauma effects and the potential for penetration are much greater for the smallerperson 102

37MM Foam Baton-15 feet=WHOHOW12 ga Rubber Pellets HV- 22 feet= WHOHOW40MM Bean Bag-34 feet=WHOHOW

213

90 to 140 lbs 131 to 185 lbs 186 to 220 lbs (220 to 350+)

103

Immediate Surroundings 1Is there any person in the immediate area who

maybe at risk of a deflected or missed shot

2Identify your target backstop and beyond

104

Chapter 7

Intervention Options

THE FORCE CONTINUUM ndash WHEN TO USE SIMrsquos

bull Ladder of Forcebull Force Continuumbull Circle of Forcebull Force Modularbull Escalation of Force

106

107

OFFICER PRESENCE

bull Uniform Badge bull Dedicated Weapon Displayed

bull On a Slingbull Port Arms bull Ready Carry Position

108

Presence

109

Verbal Commands

bull Please stand over there bull Please sit down on the chairbull Stop put your hands downbull Ending with ldquoDo it nowrdquobull Professional Tone amp Attitude

110

NON-Verbal

111

Verbalization

112

SOFT PHYSICAL TECHNIQUES

bull Slight touching or guiding contact

bull Cupping an elbow to escort Lightly grabbing an arm or shoulder

bull AIMING WEAPON113

Aiming WeaponFinger OFF

Trigger

114

HARD PHYSICAL TECHNIQUES

bull Limb Control Techniquesbull Takedown Ground Stabilizationbull Dynamic Countermeasuresbull Impact Techniquesbull Electrical Devicesbull Hand held impact weapons bull Specialty Impact Munitions

115

Firing the Weapon116

DEADLY FORCE

bull Impact Weaponsbull SIM ndash Changing Aiming Point

bull Neck Restraintbull Firearm

117

Transitioning to

firearm

118

Chapter 8

Documentation

Documentationbull Collect all munitions expended and photographed when practical

ndashEvery CasingndashMark Misfired or Damaged rounds 120

Documentation

bull An inventory of munitions used and not used should be noted

ndashWhat was issued and went out

ndashWhat was fired and misfiredndashWhat was lost and not recovered 121

Documentation

bull A report should be written detailing the order in which the events occurred and the police actions that were required

122

Documentation

bull Report the effectiveness of the various types of SIMrsquos and their delivery systems

ndashWhat did I fire that didnrsquot

ndashWhat did I fire that did123

Documentationbull Document any injuries sustained and property damage incurred

ndashInjuries to SubjectndashOfficersndashBystanders

124

Documentationbull After the crowd has dispersed it

is necessary to move rapidly into the target area to remove lingering groups and to prevent the crowd from regrouping and continuing illegal activity

ndashFollow ThroughndashSecuring the Area

125

LIABILITY ISSUES

The court will decide whether the actions of the officers were

(1)Consistent with the limits set forth by the constitution federal and state laws

(2)Consistent with departmental policy and procedures

(3)Consistent with training the officer received to handle such situations

126

5 Important Questions to ASK

bull What was the distance angle and elevation

bull What was the construction of the round used

bull What was the size of the subjectbull What was the expected point of impactbull What was the training of the shooter

127

Questions the Court will ASK

(1) Look at the conduct of other officers who were present andor participated in the actions

(2) The conduct of supervisors who may have authorized the actions of officers

128

Questions the Court will ASK

(1) Were the actions of the officers consistent with their training

(2) Was the training adequate and acceptable by contemporary standards

If the officers were not trained does it amountto deliberate indifference on the part of the

agency 129

Was the actions of the officer

bull A trained techniquebull Was it a dynamic application of

the trained techniquebull Was it an untrained technique

justified under the circumstances

130

Case Law

Know your laws

Graham v Connor 490 US 386 (1989)

a The US Supreme Court case that defined the standard under which excessive force claims would be judged

(1) The standard established was that of objective reasonableness(2) Prior to this the standard was police behavior that shocks the conscienceldquo

bIn this case the court redefined and set forth a less subjective standard

132Copyrighted by Dave Young

1990

City of Canton v Harris 489 US 378 109 S Ct 1197 (1989)

a In this case a woman was arrested and did not receive necessary medical attention after a shift commander was made aware of her condition and decided she did not need medical attention

b Although on the face the City of Canton policy addressed medical issues they were grossly negligent in that they did not provide the shift commanders with the proper training to make such decisions 133

Copyrighted by Dave Young 1990

City of Canton v Harris 489 US 378 109 S Ct 1197 (1989)

c There were many issues that emerged from this case however the primary issue was that of failure to train on the part of the city That negligence amounted to being deliberately in different to the rights of the plaintiff

The implications of Canton v Harris can also go beyond training issues however the burden of proving the Standard of deliberate indifference is on the plaintiff and not easy to prove

d Court Recommendation The duties that officers are assigned to perform must be accompanied with adequate training to perform that function

134Copyrighted by Dave Young

1990

ONeal v DeKalb County GA 850 F2d 653 (11th Cir 1988)

a A mental subject stabbed 7 people before being confronted by the police After repeatedly ordering the subject to drop the knife and lay on the floor the subject rushed the officers and was shot to death

b The court ruled that the use of deadly force instead of non-lethal force against a knife wielding suspect was not malicious or unreasonable therefore not actionable by the plaintiffs

135Copyrighted by Dave Young

1990

Plakas v Drinski 19 F3rd 1143 (7th Cir 1994) cert Denied 115 S Ct 81 (1994)

This case involved the shooting of a suspect who was

wielding a fire poker When the officer attempted to

arrest him he charged the officer with the fire poker and

was shot by police

(1)Plaintiffs who sued on behalf of the deceased claimed the officer did not use other means of force available to him at that time listing disabling chemical spray a police dog and distance

136Copyrighted by Dave Young

1990

Plakas v Drinski 19 F3rd 1143 (7th Cir 1994) cert Denied 115 SCt 81 (1994)

(2) The court stated ldquothat to permit every jury in this type of case to hear expert testimony that the defendant would have been uninjured if only the police had been able to use disabling gas or a capture net or a electrical device

(a)A municipality is liable because it failed to buy this equipment

(b)The Constitution does not enact a police administratorrsquos

equipment listlsquordquo

(c) The court ruled that there is no legal precedent that requires an officer to utilize alternatives to deadly force

137Copyrighted by Dave Young

1990

Davis v Mason County 927 F2d 1473 (9th Cir 1991)

aThe court ruled that the department had adequate training on the technical components of the use of force but did not have adequate training on the constitutional limits of the use of force in effecting arrests

138Copyrighted by Dave Young

1990

Davis v Mason County 927 F2d 1473 (9th Cir 1991)

b In other words the officers were trained on the how but not on the why and when the force is appropriate

c Court Recommendation Training should include confrontational scenarios of situations that require decision making then articulation by the officer as to the justification for the force used or not used

139Copyrighted by Dave Young

1990

Quezada v County of Bernalillo 944 F2d 710 (10th Cir 1991)

a The court ruled that an officer might be held liable for putting himself in a situation that requires him to use deadly force against an armed suicidal person

b This case involved an officer who left a position of cover to confront a suicidal subject

140Copyrighted by Dave Young

1990

141

Dave YoungFounder amp Director

ARMA Training

Website wwwarmatrainingcom772-913-1615

copyrighted by Dave Young 1994

Chapter 3

Angles of Fire

Angles of Fire Defined as the

aiming point with a

designated round for maximum accuracy

67

Direct Angle bull Direct ndash Directly aimed into the target area

68

TARGET

Indirect Anglebull Indirect ndash Skipped into the target area (Usually 3-6 feet based on terrain)

69

TARGET

Low Angle

bull Low Angle ndash Aimed just outside of point of aim point of impact distance

70

TARGET

High Angle

bull High Angle ndash Aimed in a high arch into target area

71

TARGET

Chapter 4

Cause and Effect

Cause amp Effect of Rounds

bull Mental - Discuss

bull Physical - Discuss

73

Mental Effectsbull Specialty Impact Munitions have a

tremendous MENTAL effect on an individual In many cases the mental effects may far outweigh the physical effects and be the determining factor in the subjectrsquos response or time of incapacitation or distraction ldquoA fear of being shotrdquo

74

Anxietybull The action of pointing a firearm directly at

an individual andor actually firing a projectile

bull The pain and at times the appearance of

the injury may reinforce this belief

bull Instructor Note Can be addressed through training

75

Fearbull Arouses connotations and a fear of having been

shot with a firearm SIMS may cause a powerful mental distraction

bull Mentally the subject must cope with the physiological pain that the body feels

bull Instructor Note Can be addressed through personal experience

76

Panicbull Panic is not a desirable response due to having

less control of the subject or crowd

bull The impact is likely to create fear which may create a fight or flight response

bull Crowds may scatter rendering the intended escape route useless

bull Instructor Note LEAST DESIREABLE RESPONSE

77

Chapter 5

Primary vs Secondary Injuries

Primary vs Secondary Injury

Primary Injury

bull An injury directly caused by the use of force tool use

80

Secondary Injurybull An injury indirectly caused by

the use of force tool use

bull Either from resistance from subject or another officer and or environmental surroundings

81

Flight of a projectile

bull Once leaving barrel seeks equal weight distribution ndash Pan Cakes Saucer Spin

bull Head Wind ndash Round May Dive or Risebull Tail Wind ndash Round may Float or Cork

Screwbull Cross Wind ndash ldquoJrdquo Turn

82

Projectile CalculationWhen the distance of the target

INCREASES it effects

Velocity + Accuracy + Impact = Injury

83

Projectile CalculationWhen the distance of the target

DECREASES it effects

Velocity + Accuracy + Impact = Injury

84

Chapter 6

Target areas when using SIM

Blunt Trauma vs

Penetration Trauma

Blunt Traumabull The MAXIMUM desired effect of an impact munitions is

BLUNT TRAUMA - an impact from an object that leaves the body surface intact but may cause sufficient (non-life threatening) injury to distract control or incapacitate the subject

Stinger Round Injury

Pepperball Injury

Stinger Round Injury87

Types of Blunt Trauma Injuries

bull Abrasions - Skimming the surface skin area

bull Contusions - Injury to the brain

bull Lacerations - Partially hitting the skin surface from the side cutting the surface

88

Continued Blunt Trauma Injuriesbull Fractures - Primary injury when

munition strikes target are directly

bull Secondary injury when munitions strikes target area and causes the body to fall striking another surface indirectly

bull Concussion - Glancing blows or missed target or Falling or collapsing of the subject 89

Penetration Traumabull The unintended and most

undesirable outcome of an SIMS is penetration

bull SIMrsquos can cause Death or serious bodily injury

90

PenetrationPuncture ndash Entering the body

at arsquo90 degree angle breaking

thesurface of the skin

91

Target Areas

Unable to use a striking color baton chart

because the chart was used to identify areas of the body for impact and

injuries for striking a human which is MUCH less

force then deploying Specially Impact

Munitions92

Meat amp Muscle Areas

bull Primary target areas that when striking the human body will cause mild to intense pain with NO LONG LASTING INJURY

93

Primary Target Area ndash the target area

consisting of large muscle groupsbull Buttocks bull Thigh amp Calvesbull Lower Abdominal Areabull BicepsTricepsbull Forearm area

94

Meat amp Bone Areasbull Secondary target areas that when striking the human body will cause mild to intense pain with MINOR to LONG LASTING INJURY

95

Secondary target areas are skeletal areas ndash

preferred - may result in fractures

bull Shoulderbull Kneesbull Anklesbull Wrists bull Elbows

96

Bone amp Sensitive Areasbull Last resort target areas that when

striking the human body will cause intense pain with long lasting injury which MAY RESULT IN SERIOUS BODILY HARM WHICH MAY RESULT IN DEATH

97

Last Resort Target Area ndash the target area when

maximum effectiveness is desired to meet a level of

threat escalating to deadly force justification

bull Head amp Throatbull Chest (center mass)bull Solar plexusbull Groinbull Spinebull Lower back

98

99

100

Clothing

1 In colder climates where heavier clothing and jackets are worn rounds with higher energy capabilities will be required

2 In a case where the subject is lightly dressed pay close attention to munitions selection shot placement and engagement distance

3 In detention facilities and during civil disturbances the subjects may pad themselves in order to defeat the effects of SIM

101

Physical Stature and Condition ndash Is the subject heavy musculature or thin and skeletal age

1 250-pound muscular individual will more than likely be physiologically effected less than a 100-pound individual when both are struck in the sametarget area by SIM

2 The blunt trauma effects and the potential for penetration are much greater for the smallerperson 102

37MM Foam Baton-15 feet=WHOHOW12 ga Rubber Pellets HV- 22 feet= WHOHOW40MM Bean Bag-34 feet=WHOHOW

213

90 to 140 lbs 131 to 185 lbs 186 to 220 lbs (220 to 350+)

103

Immediate Surroundings 1Is there any person in the immediate area who

maybe at risk of a deflected or missed shot

2Identify your target backstop and beyond

104

Chapter 7

Intervention Options

THE FORCE CONTINUUM ndash WHEN TO USE SIMrsquos

bull Ladder of Forcebull Force Continuumbull Circle of Forcebull Force Modularbull Escalation of Force

106

107

OFFICER PRESENCE

bull Uniform Badge bull Dedicated Weapon Displayed

bull On a Slingbull Port Arms bull Ready Carry Position

108

Presence

109

Verbal Commands

bull Please stand over there bull Please sit down on the chairbull Stop put your hands downbull Ending with ldquoDo it nowrdquobull Professional Tone amp Attitude

110

NON-Verbal

111

Verbalization

112

SOFT PHYSICAL TECHNIQUES

bull Slight touching or guiding contact

bull Cupping an elbow to escort Lightly grabbing an arm or shoulder

bull AIMING WEAPON113

Aiming WeaponFinger OFF

Trigger

114

HARD PHYSICAL TECHNIQUES

bull Limb Control Techniquesbull Takedown Ground Stabilizationbull Dynamic Countermeasuresbull Impact Techniquesbull Electrical Devicesbull Hand held impact weapons bull Specialty Impact Munitions

115

Firing the Weapon116

DEADLY FORCE

bull Impact Weaponsbull SIM ndash Changing Aiming Point

bull Neck Restraintbull Firearm

117

Transitioning to

firearm

118

Chapter 8

Documentation

Documentationbull Collect all munitions expended and photographed when practical

ndashEvery CasingndashMark Misfired or Damaged rounds 120

Documentation

bull An inventory of munitions used and not used should be noted

ndashWhat was issued and went out

ndashWhat was fired and misfiredndashWhat was lost and not recovered 121

Documentation

bull A report should be written detailing the order in which the events occurred and the police actions that were required

122

Documentation

bull Report the effectiveness of the various types of SIMrsquos and their delivery systems

ndashWhat did I fire that didnrsquot

ndashWhat did I fire that did123

Documentationbull Document any injuries sustained and property damage incurred

ndashInjuries to SubjectndashOfficersndashBystanders

124

Documentationbull After the crowd has dispersed it

is necessary to move rapidly into the target area to remove lingering groups and to prevent the crowd from regrouping and continuing illegal activity

ndashFollow ThroughndashSecuring the Area

125

LIABILITY ISSUES

The court will decide whether the actions of the officers were

(1)Consistent with the limits set forth by the constitution federal and state laws

(2)Consistent with departmental policy and procedures

(3)Consistent with training the officer received to handle such situations

126

5 Important Questions to ASK

bull What was the distance angle and elevation

bull What was the construction of the round used

bull What was the size of the subjectbull What was the expected point of impactbull What was the training of the shooter

127

Questions the Court will ASK

(1) Look at the conduct of other officers who were present andor participated in the actions

(2) The conduct of supervisors who may have authorized the actions of officers

128

Questions the Court will ASK

(1) Were the actions of the officers consistent with their training

(2) Was the training adequate and acceptable by contemporary standards

If the officers were not trained does it amountto deliberate indifference on the part of the

agency 129

Was the actions of the officer

bull A trained techniquebull Was it a dynamic application of

the trained techniquebull Was it an untrained technique

justified under the circumstances

130

Case Law

Know your laws

Graham v Connor 490 US 386 (1989)

a The US Supreme Court case that defined the standard under which excessive force claims would be judged

(1) The standard established was that of objective reasonableness(2) Prior to this the standard was police behavior that shocks the conscienceldquo

bIn this case the court redefined and set forth a less subjective standard

132Copyrighted by Dave Young

1990

City of Canton v Harris 489 US 378 109 S Ct 1197 (1989)

a In this case a woman was arrested and did not receive necessary medical attention after a shift commander was made aware of her condition and decided she did not need medical attention

b Although on the face the City of Canton policy addressed medical issues they were grossly negligent in that they did not provide the shift commanders with the proper training to make such decisions 133

Copyrighted by Dave Young 1990

City of Canton v Harris 489 US 378 109 S Ct 1197 (1989)

c There were many issues that emerged from this case however the primary issue was that of failure to train on the part of the city That negligence amounted to being deliberately in different to the rights of the plaintiff

The implications of Canton v Harris can also go beyond training issues however the burden of proving the Standard of deliberate indifference is on the plaintiff and not easy to prove

d Court Recommendation The duties that officers are assigned to perform must be accompanied with adequate training to perform that function

134Copyrighted by Dave Young

1990

ONeal v DeKalb County GA 850 F2d 653 (11th Cir 1988)

a A mental subject stabbed 7 people before being confronted by the police After repeatedly ordering the subject to drop the knife and lay on the floor the subject rushed the officers and was shot to death

b The court ruled that the use of deadly force instead of non-lethal force against a knife wielding suspect was not malicious or unreasonable therefore not actionable by the plaintiffs

135Copyrighted by Dave Young

1990

Plakas v Drinski 19 F3rd 1143 (7th Cir 1994) cert Denied 115 S Ct 81 (1994)

This case involved the shooting of a suspect who was

wielding a fire poker When the officer attempted to

arrest him he charged the officer with the fire poker and

was shot by police

(1)Plaintiffs who sued on behalf of the deceased claimed the officer did not use other means of force available to him at that time listing disabling chemical spray a police dog and distance

136Copyrighted by Dave Young

1990

Plakas v Drinski 19 F3rd 1143 (7th Cir 1994) cert Denied 115 SCt 81 (1994)

(2) The court stated ldquothat to permit every jury in this type of case to hear expert testimony that the defendant would have been uninjured if only the police had been able to use disabling gas or a capture net or a electrical device

(a)A municipality is liable because it failed to buy this equipment

(b)The Constitution does not enact a police administratorrsquos

equipment listlsquordquo

(c) The court ruled that there is no legal precedent that requires an officer to utilize alternatives to deadly force

137Copyrighted by Dave Young

1990

Davis v Mason County 927 F2d 1473 (9th Cir 1991)

aThe court ruled that the department had adequate training on the technical components of the use of force but did not have adequate training on the constitutional limits of the use of force in effecting arrests

138Copyrighted by Dave Young

1990

Davis v Mason County 927 F2d 1473 (9th Cir 1991)

b In other words the officers were trained on the how but not on the why and when the force is appropriate

c Court Recommendation Training should include confrontational scenarios of situations that require decision making then articulation by the officer as to the justification for the force used or not used

139Copyrighted by Dave Young

1990

Quezada v County of Bernalillo 944 F2d 710 (10th Cir 1991)

a The court ruled that an officer might be held liable for putting himself in a situation that requires him to use deadly force against an armed suicidal person

b This case involved an officer who left a position of cover to confront a suicidal subject

140Copyrighted by Dave Young

1990

141

Dave YoungFounder amp Director

ARMA Training

Website wwwarmatrainingcom772-913-1615

copyrighted by Dave Young 1994

Angles of Fire Defined as the

aiming point with a

designated round for maximum accuracy

67

Direct Angle bull Direct ndash Directly aimed into the target area

68

TARGET

Indirect Anglebull Indirect ndash Skipped into the target area (Usually 3-6 feet based on terrain)

69

TARGET

Low Angle

bull Low Angle ndash Aimed just outside of point of aim point of impact distance

70

TARGET

High Angle

bull High Angle ndash Aimed in a high arch into target area

71

TARGET

Chapter 4

Cause and Effect

Cause amp Effect of Rounds

bull Mental - Discuss

bull Physical - Discuss

73

Mental Effectsbull Specialty Impact Munitions have a

tremendous MENTAL effect on an individual In many cases the mental effects may far outweigh the physical effects and be the determining factor in the subjectrsquos response or time of incapacitation or distraction ldquoA fear of being shotrdquo

74

Anxietybull The action of pointing a firearm directly at

an individual andor actually firing a projectile

bull The pain and at times the appearance of

the injury may reinforce this belief

bull Instructor Note Can be addressed through training

75

Fearbull Arouses connotations and a fear of having been

shot with a firearm SIMS may cause a powerful mental distraction

bull Mentally the subject must cope with the physiological pain that the body feels

bull Instructor Note Can be addressed through personal experience

76

Panicbull Panic is not a desirable response due to having

less control of the subject or crowd

bull The impact is likely to create fear which may create a fight or flight response

bull Crowds may scatter rendering the intended escape route useless

bull Instructor Note LEAST DESIREABLE RESPONSE

77

Chapter 5

Primary vs Secondary Injuries

Primary vs Secondary Injury

Primary Injury

bull An injury directly caused by the use of force tool use

80

Secondary Injurybull An injury indirectly caused by

the use of force tool use

bull Either from resistance from subject or another officer and or environmental surroundings

81

Flight of a projectile

bull Once leaving barrel seeks equal weight distribution ndash Pan Cakes Saucer Spin

bull Head Wind ndash Round May Dive or Risebull Tail Wind ndash Round may Float or Cork

Screwbull Cross Wind ndash ldquoJrdquo Turn

82

Projectile CalculationWhen the distance of the target

INCREASES it effects

Velocity + Accuracy + Impact = Injury

83

Projectile CalculationWhen the distance of the target

DECREASES it effects

Velocity + Accuracy + Impact = Injury

84

Chapter 6

Target areas when using SIM

Blunt Trauma vs

Penetration Trauma

Blunt Traumabull The MAXIMUM desired effect of an impact munitions is

BLUNT TRAUMA - an impact from an object that leaves the body surface intact but may cause sufficient (non-life threatening) injury to distract control or incapacitate the subject

Stinger Round Injury

Pepperball Injury

Stinger Round Injury87

Types of Blunt Trauma Injuries

bull Abrasions - Skimming the surface skin area

bull Contusions - Injury to the brain

bull Lacerations - Partially hitting the skin surface from the side cutting the surface

88

Continued Blunt Trauma Injuriesbull Fractures - Primary injury when

munition strikes target are directly

bull Secondary injury when munitions strikes target area and causes the body to fall striking another surface indirectly

bull Concussion - Glancing blows or missed target or Falling or collapsing of the subject 89

Penetration Traumabull The unintended and most

undesirable outcome of an SIMS is penetration

bull SIMrsquos can cause Death or serious bodily injury

90

PenetrationPuncture ndash Entering the body

at arsquo90 degree angle breaking

thesurface of the skin

91

Target Areas

Unable to use a striking color baton chart

because the chart was used to identify areas of the body for impact and

injuries for striking a human which is MUCH less

force then deploying Specially Impact

Munitions92

Meat amp Muscle Areas

bull Primary target areas that when striking the human body will cause mild to intense pain with NO LONG LASTING INJURY

93

Primary Target Area ndash the target area

consisting of large muscle groupsbull Buttocks bull Thigh amp Calvesbull Lower Abdominal Areabull BicepsTricepsbull Forearm area

94

Meat amp Bone Areasbull Secondary target areas that when striking the human body will cause mild to intense pain with MINOR to LONG LASTING INJURY

95

Secondary target areas are skeletal areas ndash

preferred - may result in fractures

bull Shoulderbull Kneesbull Anklesbull Wrists bull Elbows

96

Bone amp Sensitive Areasbull Last resort target areas that when

striking the human body will cause intense pain with long lasting injury which MAY RESULT IN SERIOUS BODILY HARM WHICH MAY RESULT IN DEATH

97

Last Resort Target Area ndash the target area when

maximum effectiveness is desired to meet a level of

threat escalating to deadly force justification

bull Head amp Throatbull Chest (center mass)bull Solar plexusbull Groinbull Spinebull Lower back

98

99

100

Clothing

1 In colder climates where heavier clothing and jackets are worn rounds with higher energy capabilities will be required

2 In a case where the subject is lightly dressed pay close attention to munitions selection shot placement and engagement distance

3 In detention facilities and during civil disturbances the subjects may pad themselves in order to defeat the effects of SIM

101

Physical Stature and Condition ndash Is the subject heavy musculature or thin and skeletal age

1 250-pound muscular individual will more than likely be physiologically effected less than a 100-pound individual when both are struck in the sametarget area by SIM

2 The blunt trauma effects and the potential for penetration are much greater for the smallerperson 102

37MM Foam Baton-15 feet=WHOHOW12 ga Rubber Pellets HV- 22 feet= WHOHOW40MM Bean Bag-34 feet=WHOHOW

213

90 to 140 lbs 131 to 185 lbs 186 to 220 lbs (220 to 350+)

103

Immediate Surroundings 1Is there any person in the immediate area who

maybe at risk of a deflected or missed shot

2Identify your target backstop and beyond

104

Chapter 7

Intervention Options

THE FORCE CONTINUUM ndash WHEN TO USE SIMrsquos

bull Ladder of Forcebull Force Continuumbull Circle of Forcebull Force Modularbull Escalation of Force

106

107

OFFICER PRESENCE

bull Uniform Badge bull Dedicated Weapon Displayed

bull On a Slingbull Port Arms bull Ready Carry Position

108

Presence

109

Verbal Commands

bull Please stand over there bull Please sit down on the chairbull Stop put your hands downbull Ending with ldquoDo it nowrdquobull Professional Tone amp Attitude

110

NON-Verbal

111

Verbalization

112

SOFT PHYSICAL TECHNIQUES

bull Slight touching or guiding contact

bull Cupping an elbow to escort Lightly grabbing an arm or shoulder

bull AIMING WEAPON113

Aiming WeaponFinger OFF

Trigger

114

HARD PHYSICAL TECHNIQUES

bull Limb Control Techniquesbull Takedown Ground Stabilizationbull Dynamic Countermeasuresbull Impact Techniquesbull Electrical Devicesbull Hand held impact weapons bull Specialty Impact Munitions

115

Firing the Weapon116

DEADLY FORCE

bull Impact Weaponsbull SIM ndash Changing Aiming Point

bull Neck Restraintbull Firearm

117

Transitioning to

firearm

118

Chapter 8

Documentation

Documentationbull Collect all munitions expended and photographed when practical

ndashEvery CasingndashMark Misfired or Damaged rounds 120

Documentation

bull An inventory of munitions used and not used should be noted

ndashWhat was issued and went out

ndashWhat was fired and misfiredndashWhat was lost and not recovered 121

Documentation

bull A report should be written detailing the order in which the events occurred and the police actions that were required

122

Documentation

bull Report the effectiveness of the various types of SIMrsquos and their delivery systems

ndashWhat did I fire that didnrsquot

ndashWhat did I fire that did123

Documentationbull Document any injuries sustained and property damage incurred

ndashInjuries to SubjectndashOfficersndashBystanders

124

Documentationbull After the crowd has dispersed it

is necessary to move rapidly into the target area to remove lingering groups and to prevent the crowd from regrouping and continuing illegal activity

ndashFollow ThroughndashSecuring the Area

125

LIABILITY ISSUES

The court will decide whether the actions of the officers were

(1)Consistent with the limits set forth by the constitution federal and state laws

(2)Consistent with departmental policy and procedures

(3)Consistent with training the officer received to handle such situations

126

5 Important Questions to ASK

bull What was the distance angle and elevation

bull What was the construction of the round used

bull What was the size of the subjectbull What was the expected point of impactbull What was the training of the shooter

127

Questions the Court will ASK

(1) Look at the conduct of other officers who were present andor participated in the actions

(2) The conduct of supervisors who may have authorized the actions of officers

128

Questions the Court will ASK

(1) Were the actions of the officers consistent with their training

(2) Was the training adequate and acceptable by contemporary standards

If the officers were not trained does it amountto deliberate indifference on the part of the

agency 129

Was the actions of the officer

bull A trained techniquebull Was it a dynamic application of

the trained techniquebull Was it an untrained technique

justified under the circumstances

130

Case Law

Know your laws

Graham v Connor 490 US 386 (1989)

a The US Supreme Court case that defined the standard under which excessive force claims would be judged

(1) The standard established was that of objective reasonableness(2) Prior to this the standard was police behavior that shocks the conscienceldquo

bIn this case the court redefined and set forth a less subjective standard

132Copyrighted by Dave Young

1990

City of Canton v Harris 489 US 378 109 S Ct 1197 (1989)

a In this case a woman was arrested and did not receive necessary medical attention after a shift commander was made aware of her condition and decided she did not need medical attention

b Although on the face the City of Canton policy addressed medical issues they were grossly negligent in that they did not provide the shift commanders with the proper training to make such decisions 133

Copyrighted by Dave Young 1990

City of Canton v Harris 489 US 378 109 S Ct 1197 (1989)

c There were many issues that emerged from this case however the primary issue was that of failure to train on the part of the city That negligence amounted to being deliberately in different to the rights of the plaintiff

The implications of Canton v Harris can also go beyond training issues however the burden of proving the Standard of deliberate indifference is on the plaintiff and not easy to prove

d Court Recommendation The duties that officers are assigned to perform must be accompanied with adequate training to perform that function

134Copyrighted by Dave Young

1990

ONeal v DeKalb County GA 850 F2d 653 (11th Cir 1988)

a A mental subject stabbed 7 people before being confronted by the police After repeatedly ordering the subject to drop the knife and lay on the floor the subject rushed the officers and was shot to death

b The court ruled that the use of deadly force instead of non-lethal force against a knife wielding suspect was not malicious or unreasonable therefore not actionable by the plaintiffs

135Copyrighted by Dave Young

1990

Plakas v Drinski 19 F3rd 1143 (7th Cir 1994) cert Denied 115 S Ct 81 (1994)

This case involved the shooting of a suspect who was

wielding a fire poker When the officer attempted to

arrest him he charged the officer with the fire poker and

was shot by police

(1)Plaintiffs who sued on behalf of the deceased claimed the officer did not use other means of force available to him at that time listing disabling chemical spray a police dog and distance

136Copyrighted by Dave Young

1990

Plakas v Drinski 19 F3rd 1143 (7th Cir 1994) cert Denied 115 SCt 81 (1994)

(2) The court stated ldquothat to permit every jury in this type of case to hear expert testimony that the defendant would have been uninjured if only the police had been able to use disabling gas or a capture net or a electrical device

(a)A municipality is liable because it failed to buy this equipment

(b)The Constitution does not enact a police administratorrsquos

equipment listlsquordquo

(c) The court ruled that there is no legal precedent that requires an officer to utilize alternatives to deadly force

137Copyrighted by Dave Young

1990

Davis v Mason County 927 F2d 1473 (9th Cir 1991)

aThe court ruled that the department had adequate training on the technical components of the use of force but did not have adequate training on the constitutional limits of the use of force in effecting arrests

138Copyrighted by Dave Young

1990

Davis v Mason County 927 F2d 1473 (9th Cir 1991)

b In other words the officers were trained on the how but not on the why and when the force is appropriate

c Court Recommendation Training should include confrontational scenarios of situations that require decision making then articulation by the officer as to the justification for the force used or not used

139Copyrighted by Dave Young

1990

Quezada v County of Bernalillo 944 F2d 710 (10th Cir 1991)

a The court ruled that an officer might be held liable for putting himself in a situation that requires him to use deadly force against an armed suicidal person

b This case involved an officer who left a position of cover to confront a suicidal subject

140Copyrighted by Dave Young

1990

141

Dave YoungFounder amp Director

ARMA Training

Website wwwarmatrainingcom772-913-1615

copyrighted by Dave Young 1994

Direct Angle bull Direct ndash Directly aimed into the target area

68

TARGET

Indirect Anglebull Indirect ndash Skipped into the target area (Usually 3-6 feet based on terrain)

69

TARGET

Low Angle

bull Low Angle ndash Aimed just outside of point of aim point of impact distance

70

TARGET

High Angle

bull High Angle ndash Aimed in a high arch into target area

71

TARGET

Chapter 4

Cause and Effect

Cause amp Effect of Rounds

bull Mental - Discuss

bull Physical - Discuss

73

Mental Effectsbull Specialty Impact Munitions have a

tremendous MENTAL effect on an individual In many cases the mental effects may far outweigh the physical effects and be the determining factor in the subjectrsquos response or time of incapacitation or distraction ldquoA fear of being shotrdquo

74

Anxietybull The action of pointing a firearm directly at

an individual andor actually firing a projectile

bull The pain and at times the appearance of

the injury may reinforce this belief

bull Instructor Note Can be addressed through training

75

Fearbull Arouses connotations and a fear of having been

shot with a firearm SIMS may cause a powerful mental distraction

bull Mentally the subject must cope with the physiological pain that the body feels

bull Instructor Note Can be addressed through personal experience

76

Panicbull Panic is not a desirable response due to having

less control of the subject or crowd

bull The impact is likely to create fear which may create a fight or flight response

bull Crowds may scatter rendering the intended escape route useless

bull Instructor Note LEAST DESIREABLE RESPONSE

77

Chapter 5

Primary vs Secondary Injuries

Primary vs Secondary Injury

Primary Injury

bull An injury directly caused by the use of force tool use

80

Secondary Injurybull An injury indirectly caused by

the use of force tool use

bull Either from resistance from subject or another officer and or environmental surroundings

81

Flight of a projectile

bull Once leaving barrel seeks equal weight distribution ndash Pan Cakes Saucer Spin

bull Head Wind ndash Round May Dive or Risebull Tail Wind ndash Round may Float or Cork

Screwbull Cross Wind ndash ldquoJrdquo Turn

82

Projectile CalculationWhen the distance of the target

INCREASES it effects

Velocity + Accuracy + Impact = Injury

83

Projectile CalculationWhen the distance of the target

DECREASES it effects

Velocity + Accuracy + Impact = Injury

84

Chapter 6

Target areas when using SIM

Blunt Trauma vs

Penetration Trauma

Blunt Traumabull The MAXIMUM desired effect of an impact munitions is

BLUNT TRAUMA - an impact from an object that leaves the body surface intact but may cause sufficient (non-life threatening) injury to distract control or incapacitate the subject

Stinger Round Injury

Pepperball Injury

Stinger Round Injury87

Types of Blunt Trauma Injuries

bull Abrasions - Skimming the surface skin area

bull Contusions - Injury to the brain

bull Lacerations - Partially hitting the skin surface from the side cutting the surface

88

Continued Blunt Trauma Injuriesbull Fractures - Primary injury when

munition strikes target are directly

bull Secondary injury when munitions strikes target area and causes the body to fall striking another surface indirectly

bull Concussion - Glancing blows or missed target or Falling or collapsing of the subject 89

Penetration Traumabull The unintended and most

undesirable outcome of an SIMS is penetration

bull SIMrsquos can cause Death or serious bodily injury

90

PenetrationPuncture ndash Entering the body

at arsquo90 degree angle breaking

thesurface of the skin

91

Target Areas

Unable to use a striking color baton chart

because the chart was used to identify areas of the body for impact and

injuries for striking a human which is MUCH less

force then deploying Specially Impact

Munitions92

Meat amp Muscle Areas

bull Primary target areas that when striking the human body will cause mild to intense pain with NO LONG LASTING INJURY

93

Primary Target Area ndash the target area

consisting of large muscle groupsbull Buttocks bull Thigh amp Calvesbull Lower Abdominal Areabull BicepsTricepsbull Forearm area

94

Meat amp Bone Areasbull Secondary target areas that when striking the human body will cause mild to intense pain with MINOR to LONG LASTING INJURY

95

Secondary target areas are skeletal areas ndash

preferred - may result in fractures

bull Shoulderbull Kneesbull Anklesbull Wrists bull Elbows

96

Bone amp Sensitive Areasbull Last resort target areas that when

striking the human body will cause intense pain with long lasting injury which MAY RESULT IN SERIOUS BODILY HARM WHICH MAY RESULT IN DEATH

97

Last Resort Target Area ndash the target area when

maximum effectiveness is desired to meet a level of

threat escalating to deadly force justification

bull Head amp Throatbull Chest (center mass)bull Solar plexusbull Groinbull Spinebull Lower back

98

99

100

Clothing

1 In colder climates where heavier clothing and jackets are worn rounds with higher energy capabilities will be required

2 In a case where the subject is lightly dressed pay close attention to munitions selection shot placement and engagement distance

3 In detention facilities and during civil disturbances the subjects may pad themselves in order to defeat the effects of SIM

101

Physical Stature and Condition ndash Is the subject heavy musculature or thin and skeletal age

1 250-pound muscular individual will more than likely be physiologically effected less than a 100-pound individual when both are struck in the sametarget area by SIM

2 The blunt trauma effects and the potential for penetration are much greater for the smallerperson 102

37MM Foam Baton-15 feet=WHOHOW12 ga Rubber Pellets HV- 22 feet= WHOHOW40MM Bean Bag-34 feet=WHOHOW

213

90 to 140 lbs 131 to 185 lbs 186 to 220 lbs (220 to 350+)

103

Immediate Surroundings 1Is there any person in the immediate area who

maybe at risk of a deflected or missed shot

2Identify your target backstop and beyond

104

Chapter 7

Intervention Options

THE FORCE CONTINUUM ndash WHEN TO USE SIMrsquos

bull Ladder of Forcebull Force Continuumbull Circle of Forcebull Force Modularbull Escalation of Force

106

107

OFFICER PRESENCE

bull Uniform Badge bull Dedicated Weapon Displayed

bull On a Slingbull Port Arms bull Ready Carry Position

108

Presence

109

Verbal Commands

bull Please stand over there bull Please sit down on the chairbull Stop put your hands downbull Ending with ldquoDo it nowrdquobull Professional Tone amp Attitude

110

NON-Verbal

111

Verbalization

112

SOFT PHYSICAL TECHNIQUES

bull Slight touching or guiding contact

bull Cupping an elbow to escort Lightly grabbing an arm or shoulder

bull AIMING WEAPON113

Aiming WeaponFinger OFF

Trigger

114

HARD PHYSICAL TECHNIQUES

bull Limb Control Techniquesbull Takedown Ground Stabilizationbull Dynamic Countermeasuresbull Impact Techniquesbull Electrical Devicesbull Hand held impact weapons bull Specialty Impact Munitions

115

Firing the Weapon116

DEADLY FORCE

bull Impact Weaponsbull SIM ndash Changing Aiming Point

bull Neck Restraintbull Firearm

117

Transitioning to

firearm

118

Chapter 8

Documentation

Documentationbull Collect all munitions expended and photographed when practical

ndashEvery CasingndashMark Misfired or Damaged rounds 120

Documentation

bull An inventory of munitions used and not used should be noted

ndashWhat was issued and went out

ndashWhat was fired and misfiredndashWhat was lost and not recovered 121

Documentation

bull A report should be written detailing the order in which the events occurred and the police actions that were required

122

Documentation

bull Report the effectiveness of the various types of SIMrsquos and their delivery systems

ndashWhat did I fire that didnrsquot

ndashWhat did I fire that did123

Documentationbull Document any injuries sustained and property damage incurred

ndashInjuries to SubjectndashOfficersndashBystanders

124

Documentationbull After the crowd has dispersed it

is necessary to move rapidly into the target area to remove lingering groups and to prevent the crowd from regrouping and continuing illegal activity

ndashFollow ThroughndashSecuring the Area

125

LIABILITY ISSUES

The court will decide whether the actions of the officers were

(1)Consistent with the limits set forth by the constitution federal and state laws

(2)Consistent with departmental policy and procedures

(3)Consistent with training the officer received to handle such situations

126

5 Important Questions to ASK

bull What was the distance angle and elevation

bull What was the construction of the round used

bull What was the size of the subjectbull What was the expected point of impactbull What was the training of the shooter

127

Questions the Court will ASK

(1) Look at the conduct of other officers who were present andor participated in the actions

(2) The conduct of supervisors who may have authorized the actions of officers

128

Questions the Court will ASK

(1) Were the actions of the officers consistent with their training

(2) Was the training adequate and acceptable by contemporary standards

If the officers were not trained does it amountto deliberate indifference on the part of the

agency 129

Was the actions of the officer

bull A trained techniquebull Was it a dynamic application of

the trained techniquebull Was it an untrained technique

justified under the circumstances

130

Case Law

Know your laws

Graham v Connor 490 US 386 (1989)

a The US Supreme Court case that defined the standard under which excessive force claims would be judged

(1) The standard established was that of objective reasonableness(2) Prior to this the standard was police behavior that shocks the conscienceldquo

bIn this case the court redefined and set forth a less subjective standard

132Copyrighted by Dave Young

1990

City of Canton v Harris 489 US 378 109 S Ct 1197 (1989)

a In this case a woman was arrested and did not receive necessary medical attention after a shift commander was made aware of her condition and decided she did not need medical attention

b Although on the face the City of Canton policy addressed medical issues they were grossly negligent in that they did not provide the shift commanders with the proper training to make such decisions 133

Copyrighted by Dave Young 1990

City of Canton v Harris 489 US 378 109 S Ct 1197 (1989)

c There were many issues that emerged from this case however the primary issue was that of failure to train on the part of the city That negligence amounted to being deliberately in different to the rights of the plaintiff

The implications of Canton v Harris can also go beyond training issues however the burden of proving the Standard of deliberate indifference is on the plaintiff and not easy to prove

d Court Recommendation The duties that officers are assigned to perform must be accompanied with adequate training to perform that function

134Copyrighted by Dave Young

1990

ONeal v DeKalb County GA 850 F2d 653 (11th Cir 1988)

a A mental subject stabbed 7 people before being confronted by the police After repeatedly ordering the subject to drop the knife and lay on the floor the subject rushed the officers and was shot to death

b The court ruled that the use of deadly force instead of non-lethal force against a knife wielding suspect was not malicious or unreasonable therefore not actionable by the plaintiffs

135Copyrighted by Dave Young

1990

Plakas v Drinski 19 F3rd 1143 (7th Cir 1994) cert Denied 115 S Ct 81 (1994)

This case involved the shooting of a suspect who was

wielding a fire poker When the officer attempted to

arrest him he charged the officer with the fire poker and

was shot by police

(1)Plaintiffs who sued on behalf of the deceased claimed the officer did not use other means of force available to him at that time listing disabling chemical spray a police dog and distance

136Copyrighted by Dave Young

1990

Plakas v Drinski 19 F3rd 1143 (7th Cir 1994) cert Denied 115 SCt 81 (1994)

(2) The court stated ldquothat to permit every jury in this type of case to hear expert testimony that the defendant would have been uninjured if only the police had been able to use disabling gas or a capture net or a electrical device

(a)A municipality is liable because it failed to buy this equipment

(b)The Constitution does not enact a police administratorrsquos

equipment listlsquordquo

(c) The court ruled that there is no legal precedent that requires an officer to utilize alternatives to deadly force

137Copyrighted by Dave Young

1990

Davis v Mason County 927 F2d 1473 (9th Cir 1991)

aThe court ruled that the department had adequate training on the technical components of the use of force but did not have adequate training on the constitutional limits of the use of force in effecting arrests

138Copyrighted by Dave Young

1990

Davis v Mason County 927 F2d 1473 (9th Cir 1991)

b In other words the officers were trained on the how but not on the why and when the force is appropriate

c Court Recommendation Training should include confrontational scenarios of situations that require decision making then articulation by the officer as to the justification for the force used or not used

139Copyrighted by Dave Young

1990

Quezada v County of Bernalillo 944 F2d 710 (10th Cir 1991)

a The court ruled that an officer might be held liable for putting himself in a situation that requires him to use deadly force against an armed suicidal person

b This case involved an officer who left a position of cover to confront a suicidal subject

140Copyrighted by Dave Young

1990

141

Dave YoungFounder amp Director

ARMA Training

Website wwwarmatrainingcom772-913-1615

copyrighted by Dave Young 1994

Indirect Anglebull Indirect ndash Skipped into the target area (Usually 3-6 feet based on terrain)

69

TARGET

Low Angle

bull Low Angle ndash Aimed just outside of point of aim point of impact distance

70

TARGET

High Angle

bull High Angle ndash Aimed in a high arch into target area

71

TARGET

Chapter 4

Cause and Effect

Cause amp Effect of Rounds

bull Mental - Discuss

bull Physical - Discuss

73

Mental Effectsbull Specialty Impact Munitions have a

tremendous MENTAL effect on an individual In many cases the mental effects may far outweigh the physical effects and be the determining factor in the subjectrsquos response or time of incapacitation or distraction ldquoA fear of being shotrdquo

74

Anxietybull The action of pointing a firearm directly at

an individual andor actually firing a projectile

bull The pain and at times the appearance of

the injury may reinforce this belief

bull Instructor Note Can be addressed through training

75

Fearbull Arouses connotations and a fear of having been

shot with a firearm SIMS may cause a powerful mental distraction

bull Mentally the subject must cope with the physiological pain that the body feels

bull Instructor Note Can be addressed through personal experience

76

Panicbull Panic is not a desirable response due to having

less control of the subject or crowd

bull The impact is likely to create fear which may create a fight or flight response

bull Crowds may scatter rendering the intended escape route useless

bull Instructor Note LEAST DESIREABLE RESPONSE

77

Chapter 5

Primary vs Secondary Injuries

Primary vs Secondary Injury

Primary Injury

bull An injury directly caused by the use of force tool use

80

Secondary Injurybull An injury indirectly caused by

the use of force tool use

bull Either from resistance from subject or another officer and or environmental surroundings

81

Flight of a projectile

bull Once leaving barrel seeks equal weight distribution ndash Pan Cakes Saucer Spin

bull Head Wind ndash Round May Dive or Risebull Tail Wind ndash Round may Float or Cork

Screwbull Cross Wind ndash ldquoJrdquo Turn

82

Projectile CalculationWhen the distance of the target

INCREASES it effects

Velocity + Accuracy + Impact = Injury

83

Projectile CalculationWhen the distance of the target

DECREASES it effects

Velocity + Accuracy + Impact = Injury

84

Chapter 6

Target areas when using SIM

Blunt Trauma vs

Penetration Trauma

Blunt Traumabull The MAXIMUM desired effect of an impact munitions is

BLUNT TRAUMA - an impact from an object that leaves the body surface intact but may cause sufficient (non-life threatening) injury to distract control or incapacitate the subject

Stinger Round Injury

Pepperball Injury

Stinger Round Injury87

Types of Blunt Trauma Injuries

bull Abrasions - Skimming the surface skin area

bull Contusions - Injury to the brain

bull Lacerations - Partially hitting the skin surface from the side cutting the surface

88

Continued Blunt Trauma Injuriesbull Fractures - Primary injury when

munition strikes target are directly

bull Secondary injury when munitions strikes target area and causes the body to fall striking another surface indirectly

bull Concussion - Glancing blows or missed target or Falling or collapsing of the subject 89

Penetration Traumabull The unintended and most

undesirable outcome of an SIMS is penetration

bull SIMrsquos can cause Death or serious bodily injury

90

PenetrationPuncture ndash Entering the body

at arsquo90 degree angle breaking

thesurface of the skin

91

Target Areas

Unable to use a striking color baton chart

because the chart was used to identify areas of the body for impact and

injuries for striking a human which is MUCH less

force then deploying Specially Impact

Munitions92

Meat amp Muscle Areas

bull Primary target areas that when striking the human body will cause mild to intense pain with NO LONG LASTING INJURY

93

Primary Target Area ndash the target area

consisting of large muscle groupsbull Buttocks bull Thigh amp Calvesbull Lower Abdominal Areabull BicepsTricepsbull Forearm area

94

Meat amp Bone Areasbull Secondary target areas that when striking the human body will cause mild to intense pain with MINOR to LONG LASTING INJURY

95

Secondary target areas are skeletal areas ndash

preferred - may result in fractures

bull Shoulderbull Kneesbull Anklesbull Wrists bull Elbows

96

Bone amp Sensitive Areasbull Last resort target areas that when

striking the human body will cause intense pain with long lasting injury which MAY RESULT IN SERIOUS BODILY HARM WHICH MAY RESULT IN DEATH

97

Last Resort Target Area ndash the target area when

maximum effectiveness is desired to meet a level of

threat escalating to deadly force justification

bull Head amp Throatbull Chest (center mass)bull Solar plexusbull Groinbull Spinebull Lower back

98

99

100

Clothing

1 In colder climates where heavier clothing and jackets are worn rounds with higher energy capabilities will be required

2 In a case where the subject is lightly dressed pay close attention to munitions selection shot placement and engagement distance

3 In detention facilities and during civil disturbances the subjects may pad themselves in order to defeat the effects of SIM

101

Physical Stature and Condition ndash Is the subject heavy musculature or thin and skeletal age

1 250-pound muscular individual will more than likely be physiologically effected less than a 100-pound individual when both are struck in the sametarget area by SIM

2 The blunt trauma effects and the potential for penetration are much greater for the smallerperson 102

37MM Foam Baton-15 feet=WHOHOW12 ga Rubber Pellets HV- 22 feet= WHOHOW40MM Bean Bag-34 feet=WHOHOW

213

90 to 140 lbs 131 to 185 lbs 186 to 220 lbs (220 to 350+)

103

Immediate Surroundings 1Is there any person in the immediate area who

maybe at risk of a deflected or missed shot

2Identify your target backstop and beyond

104

Chapter 7

Intervention Options

THE FORCE CONTINUUM ndash WHEN TO USE SIMrsquos

bull Ladder of Forcebull Force Continuumbull Circle of Forcebull Force Modularbull Escalation of Force

106

107

OFFICER PRESENCE

bull Uniform Badge bull Dedicated Weapon Displayed

bull On a Slingbull Port Arms bull Ready Carry Position

108

Presence

109

Verbal Commands

bull Please stand over there bull Please sit down on the chairbull Stop put your hands downbull Ending with ldquoDo it nowrdquobull Professional Tone amp Attitude

110

NON-Verbal

111

Verbalization

112

SOFT PHYSICAL TECHNIQUES

bull Slight touching or guiding contact

bull Cupping an elbow to escort Lightly grabbing an arm or shoulder

bull AIMING WEAPON113

Aiming WeaponFinger OFF

Trigger

114

HARD PHYSICAL TECHNIQUES

bull Limb Control Techniquesbull Takedown Ground Stabilizationbull Dynamic Countermeasuresbull Impact Techniquesbull Electrical Devicesbull Hand held impact weapons bull Specialty Impact Munitions

115

Firing the Weapon116

DEADLY FORCE

bull Impact Weaponsbull SIM ndash Changing Aiming Point

bull Neck Restraintbull Firearm

117

Transitioning to

firearm

118

Chapter 8

Documentation

Documentationbull Collect all munitions expended and photographed when practical

ndashEvery CasingndashMark Misfired or Damaged rounds 120

Documentation

bull An inventory of munitions used and not used should be noted

ndashWhat was issued and went out

ndashWhat was fired and misfiredndashWhat was lost and not recovered 121

Documentation

bull A report should be written detailing the order in which the events occurred and the police actions that were required

122

Documentation

bull Report the effectiveness of the various types of SIMrsquos and their delivery systems

ndashWhat did I fire that didnrsquot

ndashWhat did I fire that did123

Documentationbull Document any injuries sustained and property damage incurred

ndashInjuries to SubjectndashOfficersndashBystanders

124

Documentationbull After the crowd has dispersed it

is necessary to move rapidly into the target area to remove lingering groups and to prevent the crowd from regrouping and continuing illegal activity

ndashFollow ThroughndashSecuring the Area

125

LIABILITY ISSUES

The court will decide whether the actions of the officers were

(1)Consistent with the limits set forth by the constitution federal and state laws

(2)Consistent with departmental policy and procedures

(3)Consistent with training the officer received to handle such situations

126

5 Important Questions to ASK

bull What was the distance angle and elevation

bull What was the construction of the round used

bull What was the size of the subjectbull What was the expected point of impactbull What was the training of the shooter

127

Questions the Court will ASK

(1) Look at the conduct of other officers who were present andor participated in the actions

(2) The conduct of supervisors who may have authorized the actions of officers

128

Questions the Court will ASK

(1) Were the actions of the officers consistent with their training

(2) Was the training adequate and acceptable by contemporary standards

If the officers were not trained does it amountto deliberate indifference on the part of the

agency 129

Was the actions of the officer

bull A trained techniquebull Was it a dynamic application of

the trained techniquebull Was it an untrained technique

justified under the circumstances

130

Case Law

Know your laws

Graham v Connor 490 US 386 (1989)

a The US Supreme Court case that defined the standard under which excessive force claims would be judged

(1) The standard established was that of objective reasonableness(2) Prior to this the standard was police behavior that shocks the conscienceldquo

bIn this case the court redefined and set forth a less subjective standard

132Copyrighted by Dave Young

1990

City of Canton v Harris 489 US 378 109 S Ct 1197 (1989)

a In this case a woman was arrested and did not receive necessary medical attention after a shift commander was made aware of her condition and decided she did not need medical attention

b Although on the face the City of Canton policy addressed medical issues they were grossly negligent in that they did not provide the shift commanders with the proper training to make such decisions 133

Copyrighted by Dave Young 1990

City of Canton v Harris 489 US 378 109 S Ct 1197 (1989)

c There were many issues that emerged from this case however the primary issue was that of failure to train on the part of the city That negligence amounted to being deliberately in different to the rights of the plaintiff

The implications of Canton v Harris can also go beyond training issues however the burden of proving the Standard of deliberate indifference is on the plaintiff and not easy to prove

d Court Recommendation The duties that officers are assigned to perform must be accompanied with adequate training to perform that function

134Copyrighted by Dave Young

1990

ONeal v DeKalb County GA 850 F2d 653 (11th Cir 1988)

a A mental subject stabbed 7 people before being confronted by the police After repeatedly ordering the subject to drop the knife and lay on the floor the subject rushed the officers and was shot to death

b The court ruled that the use of deadly force instead of non-lethal force against a knife wielding suspect was not malicious or unreasonable therefore not actionable by the plaintiffs

135Copyrighted by Dave Young

1990

Plakas v Drinski 19 F3rd 1143 (7th Cir 1994) cert Denied 115 S Ct 81 (1994)

This case involved the shooting of a suspect who was

wielding a fire poker When the officer attempted to

arrest him he charged the officer with the fire poker and

was shot by police

(1)Plaintiffs who sued on behalf of the deceased claimed the officer did not use other means of force available to him at that time listing disabling chemical spray a police dog and distance

136Copyrighted by Dave Young

1990

Plakas v Drinski 19 F3rd 1143 (7th Cir 1994) cert Denied 115 SCt 81 (1994)

(2) The court stated ldquothat to permit every jury in this type of case to hear expert testimony that the defendant would have been uninjured if only the police had been able to use disabling gas or a capture net or a electrical device

(a)A municipality is liable because it failed to buy this equipment

(b)The Constitution does not enact a police administratorrsquos

equipment listlsquordquo

(c) The court ruled that there is no legal precedent that requires an officer to utilize alternatives to deadly force

137Copyrighted by Dave Young

1990

Davis v Mason County 927 F2d 1473 (9th Cir 1991)

aThe court ruled that the department had adequate training on the technical components of the use of force but did not have adequate training on the constitutional limits of the use of force in effecting arrests

138Copyrighted by Dave Young

1990

Davis v Mason County 927 F2d 1473 (9th Cir 1991)

b In other words the officers were trained on the how but not on the why and when the force is appropriate

c Court Recommendation Training should include confrontational scenarios of situations that require decision making then articulation by the officer as to the justification for the force used or not used

139Copyrighted by Dave Young

1990

Quezada v County of Bernalillo 944 F2d 710 (10th Cir 1991)

a The court ruled that an officer might be held liable for putting himself in a situation that requires him to use deadly force against an armed suicidal person

b This case involved an officer who left a position of cover to confront a suicidal subject

140Copyrighted by Dave Young

1990

141

Dave YoungFounder amp Director

ARMA Training

Website wwwarmatrainingcom772-913-1615

copyrighted by Dave Young 1994

Low Angle

bull Low Angle ndash Aimed just outside of point of aim point of impact distance

70

TARGET

High Angle

bull High Angle ndash Aimed in a high arch into target area

71

TARGET

Chapter 4

Cause and Effect

Cause amp Effect of Rounds

bull Mental - Discuss

bull Physical - Discuss

73

Mental Effectsbull Specialty Impact Munitions have a

tremendous MENTAL effect on an individual In many cases the mental effects may far outweigh the physical effects and be the determining factor in the subjectrsquos response or time of incapacitation or distraction ldquoA fear of being shotrdquo

74

Anxietybull The action of pointing a firearm directly at

an individual andor actually firing a projectile

bull The pain and at times the appearance of

the injury may reinforce this belief

bull Instructor Note Can be addressed through training

75

Fearbull Arouses connotations and a fear of having been

shot with a firearm SIMS may cause a powerful mental distraction

bull Mentally the subject must cope with the physiological pain that the body feels

bull Instructor Note Can be addressed through personal experience

76

Panicbull Panic is not a desirable response due to having

less control of the subject or crowd

bull The impact is likely to create fear which may create a fight or flight response

bull Crowds may scatter rendering the intended escape route useless

bull Instructor Note LEAST DESIREABLE RESPONSE

77

Chapter 5

Primary vs Secondary Injuries

Primary vs Secondary Injury

Primary Injury

bull An injury directly caused by the use of force tool use

80

Secondary Injurybull An injury indirectly caused by

the use of force tool use

bull Either from resistance from subject or another officer and or environmental surroundings

81

Flight of a projectile

bull Once leaving barrel seeks equal weight distribution ndash Pan Cakes Saucer Spin

bull Head Wind ndash Round May Dive or Risebull Tail Wind ndash Round may Float or Cork

Screwbull Cross Wind ndash ldquoJrdquo Turn

82

Projectile CalculationWhen the distance of the target

INCREASES it effects

Velocity + Accuracy + Impact = Injury

83

Projectile CalculationWhen the distance of the target

DECREASES it effects

Velocity + Accuracy + Impact = Injury

84

Chapter 6

Target areas when using SIM

Blunt Trauma vs

Penetration Trauma

Blunt Traumabull The MAXIMUM desired effect of an impact munitions is

BLUNT TRAUMA - an impact from an object that leaves the body surface intact but may cause sufficient (non-life threatening) injury to distract control or incapacitate the subject

Stinger Round Injury

Pepperball Injury

Stinger Round Injury87

Types of Blunt Trauma Injuries

bull Abrasions - Skimming the surface skin area

bull Contusions - Injury to the brain

bull Lacerations - Partially hitting the skin surface from the side cutting the surface

88

Continued Blunt Trauma Injuriesbull Fractures - Primary injury when

munition strikes target are directly

bull Secondary injury when munitions strikes target area and causes the body to fall striking another surface indirectly

bull Concussion - Glancing blows or missed target or Falling or collapsing of the subject 89

Penetration Traumabull The unintended and most

undesirable outcome of an SIMS is penetration

bull SIMrsquos can cause Death or serious bodily injury

90

PenetrationPuncture ndash Entering the body

at arsquo90 degree angle breaking

thesurface of the skin

91

Target Areas

Unable to use a striking color baton chart

because the chart was used to identify areas of the body for impact and

injuries for striking a human which is MUCH less

force then deploying Specially Impact

Munitions92

Meat amp Muscle Areas

bull Primary target areas that when striking the human body will cause mild to intense pain with NO LONG LASTING INJURY

93

Primary Target Area ndash the target area

consisting of large muscle groupsbull Buttocks bull Thigh amp Calvesbull Lower Abdominal Areabull BicepsTricepsbull Forearm area

94

Meat amp Bone Areasbull Secondary target areas that when striking the human body will cause mild to intense pain with MINOR to LONG LASTING INJURY

95

Secondary target areas are skeletal areas ndash

preferred - may result in fractures

bull Shoulderbull Kneesbull Anklesbull Wrists bull Elbows

96

Bone amp Sensitive Areasbull Last resort target areas that when

striking the human body will cause intense pain with long lasting injury which MAY RESULT IN SERIOUS BODILY HARM WHICH MAY RESULT IN DEATH

97

Last Resort Target Area ndash the target area when

maximum effectiveness is desired to meet a level of

threat escalating to deadly force justification

bull Head amp Throatbull Chest (center mass)bull Solar plexusbull Groinbull Spinebull Lower back

98

99

100

Clothing

1 In colder climates where heavier clothing and jackets are worn rounds with higher energy capabilities will be required

2 In a case where the subject is lightly dressed pay close attention to munitions selection shot placement and engagement distance

3 In detention facilities and during civil disturbances the subjects may pad themselves in order to defeat the effects of SIM

101

Physical Stature and Condition ndash Is the subject heavy musculature or thin and skeletal age

1 250-pound muscular individual will more than likely be physiologically effected less than a 100-pound individual when both are struck in the sametarget area by SIM

2 The blunt trauma effects and the potential for penetration are much greater for the smallerperson 102

37MM Foam Baton-15 feet=WHOHOW12 ga Rubber Pellets HV- 22 feet= WHOHOW40MM Bean Bag-34 feet=WHOHOW

213

90 to 140 lbs 131 to 185 lbs 186 to 220 lbs (220 to 350+)

103

Immediate Surroundings 1Is there any person in the immediate area who

maybe at risk of a deflected or missed shot

2Identify your target backstop and beyond

104

Chapter 7

Intervention Options

THE FORCE CONTINUUM ndash WHEN TO USE SIMrsquos

bull Ladder of Forcebull Force Continuumbull Circle of Forcebull Force Modularbull Escalation of Force

106

107

OFFICER PRESENCE

bull Uniform Badge bull Dedicated Weapon Displayed

bull On a Slingbull Port Arms bull Ready Carry Position

108

Presence

109

Verbal Commands

bull Please stand over there bull Please sit down on the chairbull Stop put your hands downbull Ending with ldquoDo it nowrdquobull Professional Tone amp Attitude

110

NON-Verbal

111

Verbalization

112

SOFT PHYSICAL TECHNIQUES

bull Slight touching or guiding contact

bull Cupping an elbow to escort Lightly grabbing an arm or shoulder

bull AIMING WEAPON113

Aiming WeaponFinger OFF

Trigger

114

HARD PHYSICAL TECHNIQUES

bull Limb Control Techniquesbull Takedown Ground Stabilizationbull Dynamic Countermeasuresbull Impact Techniquesbull Electrical Devicesbull Hand held impact weapons bull Specialty Impact Munitions

115

Firing the Weapon116

DEADLY FORCE

bull Impact Weaponsbull SIM ndash Changing Aiming Point

bull Neck Restraintbull Firearm

117

Transitioning to

firearm

118

Chapter 8

Documentation

Documentationbull Collect all munitions expended and photographed when practical

ndashEvery CasingndashMark Misfired or Damaged rounds 120

Documentation

bull An inventory of munitions used and not used should be noted

ndashWhat was issued and went out

ndashWhat was fired and misfiredndashWhat was lost and not recovered 121

Documentation

bull A report should be written detailing the order in which the events occurred and the police actions that were required

122

Documentation

bull Report the effectiveness of the various types of SIMrsquos and their delivery systems

ndashWhat did I fire that didnrsquot

ndashWhat did I fire that did123

Documentationbull Document any injuries sustained and property damage incurred

ndashInjuries to SubjectndashOfficersndashBystanders

124

Documentationbull After the crowd has dispersed it

is necessary to move rapidly into the target area to remove lingering groups and to prevent the crowd from regrouping and continuing illegal activity

ndashFollow ThroughndashSecuring the Area

125

LIABILITY ISSUES

The court will decide whether the actions of the officers were

(1)Consistent with the limits set forth by the constitution federal and state laws

(2)Consistent with departmental policy and procedures

(3)Consistent with training the officer received to handle such situations

126

5 Important Questions to ASK

bull What was the distance angle and elevation

bull What was the construction of the round used

bull What was the size of the subjectbull What was the expected point of impactbull What was the training of the shooter

127

Questions the Court will ASK

(1) Look at the conduct of other officers who were present andor participated in the actions

(2) The conduct of supervisors who may have authorized the actions of officers

128

Questions the Court will ASK

(1) Were the actions of the officers consistent with their training

(2) Was the training adequate and acceptable by contemporary standards

If the officers were not trained does it amountto deliberate indifference on the part of the

agency 129

Was the actions of the officer

bull A trained techniquebull Was it a dynamic application of

the trained techniquebull Was it an untrained technique

justified under the circumstances

130

Case Law

Know your laws

Graham v Connor 490 US 386 (1989)

a The US Supreme Court case that defined the standard under which excessive force claims would be judged

(1) The standard established was that of objective reasonableness(2) Prior to this the standard was police behavior that shocks the conscienceldquo

bIn this case the court redefined and set forth a less subjective standard

132Copyrighted by Dave Young

1990

City of Canton v Harris 489 US 378 109 S Ct 1197 (1989)

a In this case a woman was arrested and did not receive necessary medical attention after a shift commander was made aware of her condition and decided she did not need medical attention

b Although on the face the City of Canton policy addressed medical issues they were grossly negligent in that they did not provide the shift commanders with the proper training to make such decisions 133

Copyrighted by Dave Young 1990

City of Canton v Harris 489 US 378 109 S Ct 1197 (1989)

c There were many issues that emerged from this case however the primary issue was that of failure to train on the part of the city That negligence amounted to being deliberately in different to the rights of the plaintiff

The implications of Canton v Harris can also go beyond training issues however the burden of proving the Standard of deliberate indifference is on the plaintiff and not easy to prove

d Court Recommendation The duties that officers are assigned to perform must be accompanied with adequate training to perform that function

134Copyrighted by Dave Young

1990

ONeal v DeKalb County GA 850 F2d 653 (11th Cir 1988)

a A mental subject stabbed 7 people before being confronted by the police After repeatedly ordering the subject to drop the knife and lay on the floor the subject rushed the officers and was shot to death

b The court ruled that the use of deadly force instead of non-lethal force against a knife wielding suspect was not malicious or unreasonable therefore not actionable by the plaintiffs

135Copyrighted by Dave Young

1990

Plakas v Drinski 19 F3rd 1143 (7th Cir 1994) cert Denied 115 S Ct 81 (1994)

This case involved the shooting of a suspect who was

wielding a fire poker When the officer attempted to

arrest him he charged the officer with the fire poker and

was shot by police

(1)Plaintiffs who sued on behalf of the deceased claimed the officer did not use other means of force available to him at that time listing disabling chemical spray a police dog and distance

136Copyrighted by Dave Young

1990

Plakas v Drinski 19 F3rd 1143 (7th Cir 1994) cert Denied 115 SCt 81 (1994)

(2) The court stated ldquothat to permit every jury in this type of case to hear expert testimony that the defendant would have been uninjured if only the police had been able to use disabling gas or a capture net or a electrical device

(a)A municipality is liable because it failed to buy this equipment

(b)The Constitution does not enact a police administratorrsquos

equipment listlsquordquo

(c) The court ruled that there is no legal precedent that requires an officer to utilize alternatives to deadly force

137Copyrighted by Dave Young

1990

Davis v Mason County 927 F2d 1473 (9th Cir 1991)

aThe court ruled that the department had adequate training on the technical components of the use of force but did not have adequate training on the constitutional limits of the use of force in effecting arrests

138Copyrighted by Dave Young

1990

Davis v Mason County 927 F2d 1473 (9th Cir 1991)

b In other words the officers were trained on the how but not on the why and when the force is appropriate

c Court Recommendation Training should include confrontational scenarios of situations that require decision making then articulation by the officer as to the justification for the force used or not used

139Copyrighted by Dave Young

1990

Quezada v County of Bernalillo 944 F2d 710 (10th Cir 1991)

a The court ruled that an officer might be held liable for putting himself in a situation that requires him to use deadly force against an armed suicidal person

b This case involved an officer who left a position of cover to confront a suicidal subject

140Copyrighted by Dave Young

1990

141

Dave YoungFounder amp Director

ARMA Training

Website wwwarmatrainingcom772-913-1615

copyrighted by Dave Young 1994

High Angle

bull High Angle ndash Aimed in a high arch into target area

71

TARGET

Chapter 4

Cause and Effect

Cause amp Effect of Rounds

bull Mental - Discuss

bull Physical - Discuss

73

Mental Effectsbull Specialty Impact Munitions have a

tremendous MENTAL effect on an individual In many cases the mental effects may far outweigh the physical effects and be the determining factor in the subjectrsquos response or time of incapacitation or distraction ldquoA fear of being shotrdquo

74

Anxietybull The action of pointing a firearm directly at

an individual andor actually firing a projectile

bull The pain and at times the appearance of

the injury may reinforce this belief

bull Instructor Note Can be addressed through training

75

Fearbull Arouses connotations and a fear of having been

shot with a firearm SIMS may cause a powerful mental distraction

bull Mentally the subject must cope with the physiological pain that the body feels

bull Instructor Note Can be addressed through personal experience

76

Panicbull Panic is not a desirable response due to having

less control of the subject or crowd

bull The impact is likely to create fear which may create a fight or flight response

bull Crowds may scatter rendering the intended escape route useless

bull Instructor Note LEAST DESIREABLE RESPONSE

77

Chapter 5

Primary vs Secondary Injuries

Primary vs Secondary Injury

Primary Injury

bull An injury directly caused by the use of force tool use

80

Secondary Injurybull An injury indirectly caused by

the use of force tool use

bull Either from resistance from subject or another officer and or environmental surroundings

81

Flight of a projectile

bull Once leaving barrel seeks equal weight distribution ndash Pan Cakes Saucer Spin

bull Head Wind ndash Round May Dive or Risebull Tail Wind ndash Round may Float or Cork

Screwbull Cross Wind ndash ldquoJrdquo Turn

82

Projectile CalculationWhen the distance of the target

INCREASES it effects

Velocity + Accuracy + Impact = Injury

83

Projectile CalculationWhen the distance of the target

DECREASES it effects

Velocity + Accuracy + Impact = Injury

84

Chapter 6

Target areas when using SIM

Blunt Trauma vs

Penetration Trauma

Blunt Traumabull The MAXIMUM desired effect of an impact munitions is

BLUNT TRAUMA - an impact from an object that leaves the body surface intact but may cause sufficient (non-life threatening) injury to distract control or incapacitate the subject

Stinger Round Injury

Pepperball Injury

Stinger Round Injury87

Types of Blunt Trauma Injuries

bull Abrasions - Skimming the surface skin area

bull Contusions - Injury to the brain

bull Lacerations - Partially hitting the skin surface from the side cutting the surface

88

Continued Blunt Trauma Injuriesbull Fractures - Primary injury when

munition strikes target are directly

bull Secondary injury when munitions strikes target area and causes the body to fall striking another surface indirectly

bull Concussion - Glancing blows or missed target or Falling or collapsing of the subject 89

Penetration Traumabull The unintended and most

undesirable outcome of an SIMS is penetration

bull SIMrsquos can cause Death or serious bodily injury

90

PenetrationPuncture ndash Entering the body

at arsquo90 degree angle breaking

thesurface of the skin

91

Target Areas

Unable to use a striking color baton chart

because the chart was used to identify areas of the body for impact and

injuries for striking a human which is MUCH less

force then deploying Specially Impact

Munitions92

Meat amp Muscle Areas

bull Primary target areas that when striking the human body will cause mild to intense pain with NO LONG LASTING INJURY

93

Primary Target Area ndash the target area

consisting of large muscle groupsbull Buttocks bull Thigh amp Calvesbull Lower Abdominal Areabull BicepsTricepsbull Forearm area

94

Meat amp Bone Areasbull Secondary target areas that when striking the human body will cause mild to intense pain with MINOR to LONG LASTING INJURY

95

Secondary target areas are skeletal areas ndash

preferred - may result in fractures

bull Shoulderbull Kneesbull Anklesbull Wrists bull Elbows

96

Bone amp Sensitive Areasbull Last resort target areas that when

striking the human body will cause intense pain with long lasting injury which MAY RESULT IN SERIOUS BODILY HARM WHICH MAY RESULT IN DEATH

97

Last Resort Target Area ndash the target area when

maximum effectiveness is desired to meet a level of

threat escalating to deadly force justification

bull Head amp Throatbull Chest (center mass)bull Solar plexusbull Groinbull Spinebull Lower back

98

99

100

Clothing

1 In colder climates where heavier clothing and jackets are worn rounds with higher energy capabilities will be required

2 In a case where the subject is lightly dressed pay close attention to munitions selection shot placement and engagement distance

3 In detention facilities and during civil disturbances the subjects may pad themselves in order to defeat the effects of SIM

101

Physical Stature and Condition ndash Is the subject heavy musculature or thin and skeletal age

1 250-pound muscular individual will more than likely be physiologically effected less than a 100-pound individual when both are struck in the sametarget area by SIM

2 The blunt trauma effects and the potential for penetration are much greater for the smallerperson 102

37MM Foam Baton-15 feet=WHOHOW12 ga Rubber Pellets HV- 22 feet= WHOHOW40MM Bean Bag-34 feet=WHOHOW

213

90 to 140 lbs 131 to 185 lbs 186 to 220 lbs (220 to 350+)

103

Immediate Surroundings 1Is there any person in the immediate area who

maybe at risk of a deflected or missed shot

2Identify your target backstop and beyond

104

Chapter 7

Intervention Options

THE FORCE CONTINUUM ndash WHEN TO USE SIMrsquos

bull Ladder of Forcebull Force Continuumbull Circle of Forcebull Force Modularbull Escalation of Force

106

107

OFFICER PRESENCE

bull Uniform Badge bull Dedicated Weapon Displayed

bull On a Slingbull Port Arms bull Ready Carry Position

108

Presence

109

Verbal Commands

bull Please stand over there bull Please sit down on the chairbull Stop put your hands downbull Ending with ldquoDo it nowrdquobull Professional Tone amp Attitude

110

NON-Verbal

111

Verbalization

112

SOFT PHYSICAL TECHNIQUES

bull Slight touching or guiding contact

bull Cupping an elbow to escort Lightly grabbing an arm or shoulder

bull AIMING WEAPON113

Aiming WeaponFinger OFF

Trigger

114

HARD PHYSICAL TECHNIQUES

bull Limb Control Techniquesbull Takedown Ground Stabilizationbull Dynamic Countermeasuresbull Impact Techniquesbull Electrical Devicesbull Hand held impact weapons bull Specialty Impact Munitions

115

Firing the Weapon116

DEADLY FORCE

bull Impact Weaponsbull SIM ndash Changing Aiming Point

bull Neck Restraintbull Firearm

117

Transitioning to

firearm

118

Chapter 8

Documentation

Documentationbull Collect all munitions expended and photographed when practical

ndashEvery CasingndashMark Misfired or Damaged rounds 120

Documentation

bull An inventory of munitions used and not used should be noted

ndashWhat was issued and went out

ndashWhat was fired and misfiredndashWhat was lost and not recovered 121

Documentation

bull A report should be written detailing the order in which the events occurred and the police actions that were required

122

Documentation

bull Report the effectiveness of the various types of SIMrsquos and their delivery systems

ndashWhat did I fire that didnrsquot

ndashWhat did I fire that did123

Documentationbull Document any injuries sustained and property damage incurred

ndashInjuries to SubjectndashOfficersndashBystanders

124

Documentationbull After the crowd has dispersed it

is necessary to move rapidly into the target area to remove lingering groups and to prevent the crowd from regrouping and continuing illegal activity

ndashFollow ThroughndashSecuring the Area

125

LIABILITY ISSUES

The court will decide whether the actions of the officers were

(1)Consistent with the limits set forth by the constitution federal and state laws

(2)Consistent with departmental policy and procedures

(3)Consistent with training the officer received to handle such situations

126

5 Important Questions to ASK

bull What was the distance angle and elevation

bull What was the construction of the round used

bull What was the size of the subjectbull What was the expected point of impactbull What was the training of the shooter

127

Questions the Court will ASK

(1) Look at the conduct of other officers who were present andor participated in the actions

(2) The conduct of supervisors who may have authorized the actions of officers

128

Questions the Court will ASK

(1) Were the actions of the officers consistent with their training

(2) Was the training adequate and acceptable by contemporary standards

If the officers were not trained does it amountto deliberate indifference on the part of the

agency 129

Was the actions of the officer

bull A trained techniquebull Was it a dynamic application of

the trained techniquebull Was it an untrained technique

justified under the circumstances

130

Case Law

Know your laws

Graham v Connor 490 US 386 (1989)

a The US Supreme Court case that defined the standard under which excessive force claims would be judged

(1) The standard established was that of objective reasonableness(2) Prior to this the standard was police behavior that shocks the conscienceldquo

bIn this case the court redefined and set forth a less subjective standard

132Copyrighted by Dave Young

1990

City of Canton v Harris 489 US 378 109 S Ct 1197 (1989)

a In this case a woman was arrested and did not receive necessary medical attention after a shift commander was made aware of her condition and decided she did not need medical attention

b Although on the face the City of Canton policy addressed medical issues they were grossly negligent in that they did not provide the shift commanders with the proper training to make such decisions 133

Copyrighted by Dave Young 1990

City of Canton v Harris 489 US 378 109 S Ct 1197 (1989)

c There were many issues that emerged from this case however the primary issue was that of failure to train on the part of the city That negligence amounted to being deliberately in different to the rights of the plaintiff

The implications of Canton v Harris can also go beyond training issues however the burden of proving the Standard of deliberate indifference is on the plaintiff and not easy to prove

d Court Recommendation The duties that officers are assigned to perform must be accompanied with adequate training to perform that function

134Copyrighted by Dave Young

1990

ONeal v DeKalb County GA 850 F2d 653 (11th Cir 1988)

a A mental subject stabbed 7 people before being confronted by the police After repeatedly ordering the subject to drop the knife and lay on the floor the subject rushed the officers and was shot to death

b The court ruled that the use of deadly force instead of non-lethal force against a knife wielding suspect was not malicious or unreasonable therefore not actionable by the plaintiffs

135Copyrighted by Dave Young

1990

Plakas v Drinski 19 F3rd 1143 (7th Cir 1994) cert Denied 115 S Ct 81 (1994)

This case involved the shooting of a suspect who was

wielding a fire poker When the officer attempted to

arrest him he charged the officer with the fire poker and

was shot by police

(1)Plaintiffs who sued on behalf of the deceased claimed the officer did not use other means of force available to him at that time listing disabling chemical spray a police dog and distance

136Copyrighted by Dave Young

1990

Plakas v Drinski 19 F3rd 1143 (7th Cir 1994) cert Denied 115 SCt 81 (1994)

(2) The court stated ldquothat to permit every jury in this type of case to hear expert testimony that the defendant would have been uninjured if only the police had been able to use disabling gas or a capture net or a electrical device

(a)A municipality is liable because it failed to buy this equipment

(b)The Constitution does not enact a police administratorrsquos

equipment listlsquordquo

(c) The court ruled that there is no legal precedent that requires an officer to utilize alternatives to deadly force

137Copyrighted by Dave Young

1990

Davis v Mason County 927 F2d 1473 (9th Cir 1991)

aThe court ruled that the department had adequate training on the technical components of the use of force but did not have adequate training on the constitutional limits of the use of force in effecting arrests

138Copyrighted by Dave Young

1990

Davis v Mason County 927 F2d 1473 (9th Cir 1991)

b In other words the officers were trained on the how but not on the why and when the force is appropriate

c Court Recommendation Training should include confrontational scenarios of situations that require decision making then articulation by the officer as to the justification for the force used or not used

139Copyrighted by Dave Young

1990

Quezada v County of Bernalillo 944 F2d 710 (10th Cir 1991)

a The court ruled that an officer might be held liable for putting himself in a situation that requires him to use deadly force against an armed suicidal person

b This case involved an officer who left a position of cover to confront a suicidal subject

140Copyrighted by Dave Young

1990

141

Dave YoungFounder amp Director

ARMA Training

Website wwwarmatrainingcom772-913-1615

copyrighted by Dave Young 1994

Chapter 4

Cause and Effect

Cause amp Effect of Rounds

bull Mental - Discuss

bull Physical - Discuss

73

Mental Effectsbull Specialty Impact Munitions have a

tremendous MENTAL effect on an individual In many cases the mental effects may far outweigh the physical effects and be the determining factor in the subjectrsquos response or time of incapacitation or distraction ldquoA fear of being shotrdquo

74

Anxietybull The action of pointing a firearm directly at

an individual andor actually firing a projectile

bull The pain and at times the appearance of

the injury may reinforce this belief

bull Instructor Note Can be addressed through training

75

Fearbull Arouses connotations and a fear of having been

shot with a firearm SIMS may cause a powerful mental distraction

bull Mentally the subject must cope with the physiological pain that the body feels

bull Instructor Note Can be addressed through personal experience

76

Panicbull Panic is not a desirable response due to having

less control of the subject or crowd

bull The impact is likely to create fear which may create a fight or flight response

bull Crowds may scatter rendering the intended escape route useless

bull Instructor Note LEAST DESIREABLE RESPONSE

77

Chapter 5

Primary vs Secondary Injuries

Primary vs Secondary Injury

Primary Injury

bull An injury directly caused by the use of force tool use

80

Secondary Injurybull An injury indirectly caused by

the use of force tool use

bull Either from resistance from subject or another officer and or environmental surroundings

81

Flight of a projectile

bull Once leaving barrel seeks equal weight distribution ndash Pan Cakes Saucer Spin

bull Head Wind ndash Round May Dive or Risebull Tail Wind ndash Round may Float or Cork

Screwbull Cross Wind ndash ldquoJrdquo Turn

82

Projectile CalculationWhen the distance of the target

INCREASES it effects

Velocity + Accuracy + Impact = Injury

83

Projectile CalculationWhen the distance of the target

DECREASES it effects

Velocity + Accuracy + Impact = Injury

84

Chapter 6

Target areas when using SIM

Blunt Trauma vs

Penetration Trauma

Blunt Traumabull The MAXIMUM desired effect of an impact munitions is

BLUNT TRAUMA - an impact from an object that leaves the body surface intact but may cause sufficient (non-life threatening) injury to distract control or incapacitate the subject

Stinger Round Injury

Pepperball Injury

Stinger Round Injury87

Types of Blunt Trauma Injuries

bull Abrasions - Skimming the surface skin area

bull Contusions - Injury to the brain

bull Lacerations - Partially hitting the skin surface from the side cutting the surface

88

Continued Blunt Trauma Injuriesbull Fractures - Primary injury when

munition strikes target are directly

bull Secondary injury when munitions strikes target area and causes the body to fall striking another surface indirectly

bull Concussion - Glancing blows or missed target or Falling or collapsing of the subject 89

Penetration Traumabull The unintended and most

undesirable outcome of an SIMS is penetration

bull SIMrsquos can cause Death or serious bodily injury

90

PenetrationPuncture ndash Entering the body

at arsquo90 degree angle breaking

thesurface of the skin

91

Target Areas

Unable to use a striking color baton chart

because the chart was used to identify areas of the body for impact and

injuries for striking a human which is MUCH less

force then deploying Specially Impact

Munitions92

Meat amp Muscle Areas

bull Primary target areas that when striking the human body will cause mild to intense pain with NO LONG LASTING INJURY

93

Primary Target Area ndash the target area

consisting of large muscle groupsbull Buttocks bull Thigh amp Calvesbull Lower Abdominal Areabull BicepsTricepsbull Forearm area

94

Meat amp Bone Areasbull Secondary target areas that when striking the human body will cause mild to intense pain with MINOR to LONG LASTING INJURY

95

Secondary target areas are skeletal areas ndash

preferred - may result in fractures

bull Shoulderbull Kneesbull Anklesbull Wrists bull Elbows

96

Bone amp Sensitive Areasbull Last resort target areas that when

striking the human body will cause intense pain with long lasting injury which MAY RESULT IN SERIOUS BODILY HARM WHICH MAY RESULT IN DEATH

97

Last Resort Target Area ndash the target area when

maximum effectiveness is desired to meet a level of

threat escalating to deadly force justification

bull Head amp Throatbull Chest (center mass)bull Solar plexusbull Groinbull Spinebull Lower back

98

99

100

Clothing

1 In colder climates where heavier clothing and jackets are worn rounds with higher energy capabilities will be required

2 In a case where the subject is lightly dressed pay close attention to munitions selection shot placement and engagement distance

3 In detention facilities and during civil disturbances the subjects may pad themselves in order to defeat the effects of SIM

101

Physical Stature and Condition ndash Is the subject heavy musculature or thin and skeletal age

1 250-pound muscular individual will more than likely be physiologically effected less than a 100-pound individual when both are struck in the sametarget area by SIM

2 The blunt trauma effects and the potential for penetration are much greater for the smallerperson 102

37MM Foam Baton-15 feet=WHOHOW12 ga Rubber Pellets HV- 22 feet= WHOHOW40MM Bean Bag-34 feet=WHOHOW

213

90 to 140 lbs 131 to 185 lbs 186 to 220 lbs (220 to 350+)

103

Immediate Surroundings 1Is there any person in the immediate area who

maybe at risk of a deflected or missed shot

2Identify your target backstop and beyond

104

Chapter 7

Intervention Options

THE FORCE CONTINUUM ndash WHEN TO USE SIMrsquos

bull Ladder of Forcebull Force Continuumbull Circle of Forcebull Force Modularbull Escalation of Force

106

107

OFFICER PRESENCE

bull Uniform Badge bull Dedicated Weapon Displayed

bull On a Slingbull Port Arms bull Ready Carry Position

108

Presence

109

Verbal Commands

bull Please stand over there bull Please sit down on the chairbull Stop put your hands downbull Ending with ldquoDo it nowrdquobull Professional Tone amp Attitude

110

NON-Verbal

111

Verbalization

112

SOFT PHYSICAL TECHNIQUES

bull Slight touching or guiding contact

bull Cupping an elbow to escort Lightly grabbing an arm or shoulder

bull AIMING WEAPON113

Aiming WeaponFinger OFF

Trigger

114

HARD PHYSICAL TECHNIQUES

bull Limb Control Techniquesbull Takedown Ground Stabilizationbull Dynamic Countermeasuresbull Impact Techniquesbull Electrical Devicesbull Hand held impact weapons bull Specialty Impact Munitions

115

Firing the Weapon116

DEADLY FORCE

bull Impact Weaponsbull SIM ndash Changing Aiming Point

bull Neck Restraintbull Firearm

117

Transitioning to

firearm

118

Chapter 8

Documentation

Documentationbull Collect all munitions expended and photographed when practical

ndashEvery CasingndashMark Misfired or Damaged rounds 120

Documentation

bull An inventory of munitions used and not used should be noted

ndashWhat was issued and went out

ndashWhat was fired and misfiredndashWhat was lost and not recovered 121

Documentation

bull A report should be written detailing the order in which the events occurred and the police actions that were required

122

Documentation

bull Report the effectiveness of the various types of SIMrsquos and their delivery systems

ndashWhat did I fire that didnrsquot

ndashWhat did I fire that did123

Documentationbull Document any injuries sustained and property damage incurred

ndashInjuries to SubjectndashOfficersndashBystanders

124

Documentationbull After the crowd has dispersed it

is necessary to move rapidly into the target area to remove lingering groups and to prevent the crowd from regrouping and continuing illegal activity

ndashFollow ThroughndashSecuring the Area

125

LIABILITY ISSUES

The court will decide whether the actions of the officers were

(1)Consistent with the limits set forth by the constitution federal and state laws

(2)Consistent with departmental policy and procedures

(3)Consistent with training the officer received to handle such situations

126

5 Important Questions to ASK

bull What was the distance angle and elevation

bull What was the construction of the round used

bull What was the size of the subjectbull What was the expected point of impactbull What was the training of the shooter

127

Questions the Court will ASK

(1) Look at the conduct of other officers who were present andor participated in the actions

(2) The conduct of supervisors who may have authorized the actions of officers

128

Questions the Court will ASK

(1) Were the actions of the officers consistent with their training

(2) Was the training adequate and acceptable by contemporary standards

If the officers were not trained does it amountto deliberate indifference on the part of the

agency 129

Was the actions of the officer

bull A trained techniquebull Was it a dynamic application of

the trained techniquebull Was it an untrained technique

justified under the circumstances

130

Case Law

Know your laws

Graham v Connor 490 US 386 (1989)

a The US Supreme Court case that defined the standard under which excessive force claims would be judged

(1) The standard established was that of objective reasonableness(2) Prior to this the standard was police behavior that shocks the conscienceldquo

bIn this case the court redefined and set forth a less subjective standard

132Copyrighted by Dave Young

1990

City of Canton v Harris 489 US 378 109 S Ct 1197 (1989)

a In this case a woman was arrested and did not receive necessary medical attention after a shift commander was made aware of her condition and decided she did not need medical attention

b Although on the face the City of Canton policy addressed medical issues they were grossly negligent in that they did not provide the shift commanders with the proper training to make such decisions 133

Copyrighted by Dave Young 1990

City of Canton v Harris 489 US 378 109 S Ct 1197 (1989)

c There were many issues that emerged from this case however the primary issue was that of failure to train on the part of the city That negligence amounted to being deliberately in different to the rights of the plaintiff

The implications of Canton v Harris can also go beyond training issues however the burden of proving the Standard of deliberate indifference is on the plaintiff and not easy to prove

d Court Recommendation The duties that officers are assigned to perform must be accompanied with adequate training to perform that function

134Copyrighted by Dave Young

1990

ONeal v DeKalb County GA 850 F2d 653 (11th Cir 1988)

a A mental subject stabbed 7 people before being confronted by the police After repeatedly ordering the subject to drop the knife and lay on the floor the subject rushed the officers and was shot to death

b The court ruled that the use of deadly force instead of non-lethal force against a knife wielding suspect was not malicious or unreasonable therefore not actionable by the plaintiffs

135Copyrighted by Dave Young

1990

Plakas v Drinski 19 F3rd 1143 (7th Cir 1994) cert Denied 115 S Ct 81 (1994)

This case involved the shooting of a suspect who was

wielding a fire poker When the officer attempted to

arrest him he charged the officer with the fire poker and

was shot by police

(1)Plaintiffs who sued on behalf of the deceased claimed the officer did not use other means of force available to him at that time listing disabling chemical spray a police dog and distance

136Copyrighted by Dave Young

1990

Plakas v Drinski 19 F3rd 1143 (7th Cir 1994) cert Denied 115 SCt 81 (1994)

(2) The court stated ldquothat to permit every jury in this type of case to hear expert testimony that the defendant would have been uninjured if only the police had been able to use disabling gas or a capture net or a electrical device

(a)A municipality is liable because it failed to buy this equipment

(b)The Constitution does not enact a police administratorrsquos

equipment listlsquordquo

(c) The court ruled that there is no legal precedent that requires an officer to utilize alternatives to deadly force

137Copyrighted by Dave Young

1990

Davis v Mason County 927 F2d 1473 (9th Cir 1991)

aThe court ruled that the department had adequate training on the technical components of the use of force but did not have adequate training on the constitutional limits of the use of force in effecting arrests

138Copyrighted by Dave Young

1990

Davis v Mason County 927 F2d 1473 (9th Cir 1991)

b In other words the officers were trained on the how but not on the why and when the force is appropriate

c Court Recommendation Training should include confrontational scenarios of situations that require decision making then articulation by the officer as to the justification for the force used or not used

139Copyrighted by Dave Young

1990

Quezada v County of Bernalillo 944 F2d 710 (10th Cir 1991)

a The court ruled that an officer might be held liable for putting himself in a situation that requires him to use deadly force against an armed suicidal person

b This case involved an officer who left a position of cover to confront a suicidal subject

140Copyrighted by Dave Young

1990

141

Dave YoungFounder amp Director

ARMA Training

Website wwwarmatrainingcom772-913-1615

copyrighted by Dave Young 1994

Cause amp Effect of Rounds

bull Mental - Discuss

bull Physical - Discuss

73

Mental Effectsbull Specialty Impact Munitions have a

tremendous MENTAL effect on an individual In many cases the mental effects may far outweigh the physical effects and be the determining factor in the subjectrsquos response or time of incapacitation or distraction ldquoA fear of being shotrdquo

74

Anxietybull The action of pointing a firearm directly at

an individual andor actually firing a projectile

bull The pain and at times the appearance of

the injury may reinforce this belief

bull Instructor Note Can be addressed through training

75

Fearbull Arouses connotations and a fear of having been

shot with a firearm SIMS may cause a powerful mental distraction

bull Mentally the subject must cope with the physiological pain that the body feels

bull Instructor Note Can be addressed through personal experience

76

Panicbull Panic is not a desirable response due to having

less control of the subject or crowd

bull The impact is likely to create fear which may create a fight or flight response

bull Crowds may scatter rendering the intended escape route useless

bull Instructor Note LEAST DESIREABLE RESPONSE

77

Chapter 5

Primary vs Secondary Injuries

Primary vs Secondary Injury

Primary Injury

bull An injury directly caused by the use of force tool use

80

Secondary Injurybull An injury indirectly caused by

the use of force tool use

bull Either from resistance from subject or another officer and or environmental surroundings

81

Flight of a projectile

bull Once leaving barrel seeks equal weight distribution ndash Pan Cakes Saucer Spin

bull Head Wind ndash Round May Dive or Risebull Tail Wind ndash Round may Float or Cork

Screwbull Cross Wind ndash ldquoJrdquo Turn

82

Projectile CalculationWhen the distance of the target

INCREASES it effects

Velocity + Accuracy + Impact = Injury

83

Projectile CalculationWhen the distance of the target

DECREASES it effects

Velocity + Accuracy + Impact = Injury

84

Chapter 6

Target areas when using SIM

Blunt Trauma vs

Penetration Trauma

Blunt Traumabull The MAXIMUM desired effect of an impact munitions is

BLUNT TRAUMA - an impact from an object that leaves the body surface intact but may cause sufficient (non-life threatening) injury to distract control or incapacitate the subject

Stinger Round Injury

Pepperball Injury

Stinger Round Injury87

Types of Blunt Trauma Injuries

bull Abrasions - Skimming the surface skin area

bull Contusions - Injury to the brain

bull Lacerations - Partially hitting the skin surface from the side cutting the surface

88

Continued Blunt Trauma Injuriesbull Fractures - Primary injury when

munition strikes target are directly

bull Secondary injury when munitions strikes target area and causes the body to fall striking another surface indirectly

bull Concussion - Glancing blows or missed target or Falling or collapsing of the subject 89

Penetration Traumabull The unintended and most

undesirable outcome of an SIMS is penetration

bull SIMrsquos can cause Death or serious bodily injury

90

PenetrationPuncture ndash Entering the body

at arsquo90 degree angle breaking

thesurface of the skin

91

Target Areas

Unable to use a striking color baton chart

because the chart was used to identify areas of the body for impact and

injuries for striking a human which is MUCH less

force then deploying Specially Impact

Munitions92

Meat amp Muscle Areas

bull Primary target areas that when striking the human body will cause mild to intense pain with NO LONG LASTING INJURY

93

Primary Target Area ndash the target area

consisting of large muscle groupsbull Buttocks bull Thigh amp Calvesbull Lower Abdominal Areabull BicepsTricepsbull Forearm area

94

Meat amp Bone Areasbull Secondary target areas that when striking the human body will cause mild to intense pain with MINOR to LONG LASTING INJURY

95

Secondary target areas are skeletal areas ndash

preferred - may result in fractures

bull Shoulderbull Kneesbull Anklesbull Wrists bull Elbows

96

Bone amp Sensitive Areasbull Last resort target areas that when

striking the human body will cause intense pain with long lasting injury which MAY RESULT IN SERIOUS BODILY HARM WHICH MAY RESULT IN DEATH

97

Last Resort Target Area ndash the target area when

maximum effectiveness is desired to meet a level of

threat escalating to deadly force justification

bull Head amp Throatbull Chest (center mass)bull Solar plexusbull Groinbull Spinebull Lower back

98

99

100

Clothing

1 In colder climates where heavier clothing and jackets are worn rounds with higher energy capabilities will be required

2 In a case where the subject is lightly dressed pay close attention to munitions selection shot placement and engagement distance

3 In detention facilities and during civil disturbances the subjects may pad themselves in order to defeat the effects of SIM

101

Physical Stature and Condition ndash Is the subject heavy musculature or thin and skeletal age

1 250-pound muscular individual will more than likely be physiologically effected less than a 100-pound individual when both are struck in the sametarget area by SIM

2 The blunt trauma effects and the potential for penetration are much greater for the smallerperson 102

37MM Foam Baton-15 feet=WHOHOW12 ga Rubber Pellets HV- 22 feet= WHOHOW40MM Bean Bag-34 feet=WHOHOW

213

90 to 140 lbs 131 to 185 lbs 186 to 220 lbs (220 to 350+)

103

Immediate Surroundings 1Is there any person in the immediate area who

maybe at risk of a deflected or missed shot

2Identify your target backstop and beyond

104

Chapter 7

Intervention Options

THE FORCE CONTINUUM ndash WHEN TO USE SIMrsquos

bull Ladder of Forcebull Force Continuumbull Circle of Forcebull Force Modularbull Escalation of Force

106

107

OFFICER PRESENCE

bull Uniform Badge bull Dedicated Weapon Displayed

bull On a Slingbull Port Arms bull Ready Carry Position

108

Presence

109

Verbal Commands

bull Please stand over there bull Please sit down on the chairbull Stop put your hands downbull Ending with ldquoDo it nowrdquobull Professional Tone amp Attitude

110

NON-Verbal

111

Verbalization

112

SOFT PHYSICAL TECHNIQUES

bull Slight touching or guiding contact

bull Cupping an elbow to escort Lightly grabbing an arm or shoulder

bull AIMING WEAPON113

Aiming WeaponFinger OFF

Trigger

114

HARD PHYSICAL TECHNIQUES

bull Limb Control Techniquesbull Takedown Ground Stabilizationbull Dynamic Countermeasuresbull Impact Techniquesbull Electrical Devicesbull Hand held impact weapons bull Specialty Impact Munitions

115

Firing the Weapon116

DEADLY FORCE

bull Impact Weaponsbull SIM ndash Changing Aiming Point

bull Neck Restraintbull Firearm

117

Transitioning to

firearm

118

Chapter 8

Documentation

Documentationbull Collect all munitions expended and photographed when practical

ndashEvery CasingndashMark Misfired or Damaged rounds 120

Documentation

bull An inventory of munitions used and not used should be noted

ndashWhat was issued and went out

ndashWhat was fired and misfiredndashWhat was lost and not recovered 121

Documentation

bull A report should be written detailing the order in which the events occurred and the police actions that were required

122

Documentation

bull Report the effectiveness of the various types of SIMrsquos and their delivery systems

ndashWhat did I fire that didnrsquot

ndashWhat did I fire that did123

Documentationbull Document any injuries sustained and property damage incurred

ndashInjuries to SubjectndashOfficersndashBystanders

124

Documentationbull After the crowd has dispersed it

is necessary to move rapidly into the target area to remove lingering groups and to prevent the crowd from regrouping and continuing illegal activity

ndashFollow ThroughndashSecuring the Area

125

LIABILITY ISSUES

The court will decide whether the actions of the officers were

(1)Consistent with the limits set forth by the constitution federal and state laws

(2)Consistent with departmental policy and procedures

(3)Consistent with training the officer received to handle such situations

126

5 Important Questions to ASK

bull What was the distance angle and elevation

bull What was the construction of the round used

bull What was the size of the subjectbull What was the expected point of impactbull What was the training of the shooter

127

Questions the Court will ASK

(1) Look at the conduct of other officers who were present andor participated in the actions

(2) The conduct of supervisors who may have authorized the actions of officers

128

Questions the Court will ASK

(1) Were the actions of the officers consistent with their training

(2) Was the training adequate and acceptable by contemporary standards

If the officers were not trained does it amountto deliberate indifference on the part of the

agency 129

Was the actions of the officer

bull A trained techniquebull Was it a dynamic application of

the trained techniquebull Was it an untrained technique

justified under the circumstances

130

Case Law

Know your laws

Graham v Connor 490 US 386 (1989)

a The US Supreme Court case that defined the standard under which excessive force claims would be judged

(1) The standard established was that of objective reasonableness(2) Prior to this the standard was police behavior that shocks the conscienceldquo

bIn this case the court redefined and set forth a less subjective standard

132Copyrighted by Dave Young

1990

City of Canton v Harris 489 US 378 109 S Ct 1197 (1989)

a In this case a woman was arrested and did not receive necessary medical attention after a shift commander was made aware of her condition and decided she did not need medical attention

b Although on the face the City of Canton policy addressed medical issues they were grossly negligent in that they did not provide the shift commanders with the proper training to make such decisions 133

Copyrighted by Dave Young 1990

City of Canton v Harris 489 US 378 109 S Ct 1197 (1989)

c There were many issues that emerged from this case however the primary issue was that of failure to train on the part of the city That negligence amounted to being deliberately in different to the rights of the plaintiff

The implications of Canton v Harris can also go beyond training issues however the burden of proving the Standard of deliberate indifference is on the plaintiff and not easy to prove

d Court Recommendation The duties that officers are assigned to perform must be accompanied with adequate training to perform that function

134Copyrighted by Dave Young

1990

ONeal v DeKalb County GA 850 F2d 653 (11th Cir 1988)

a A mental subject stabbed 7 people before being confronted by the police After repeatedly ordering the subject to drop the knife and lay on the floor the subject rushed the officers and was shot to death

b The court ruled that the use of deadly force instead of non-lethal force against a knife wielding suspect was not malicious or unreasonable therefore not actionable by the plaintiffs

135Copyrighted by Dave Young

1990

Plakas v Drinski 19 F3rd 1143 (7th Cir 1994) cert Denied 115 S Ct 81 (1994)

This case involved the shooting of a suspect who was

wielding a fire poker When the officer attempted to

arrest him he charged the officer with the fire poker and

was shot by police

(1)Plaintiffs who sued on behalf of the deceased claimed the officer did not use other means of force available to him at that time listing disabling chemical spray a police dog and distance

136Copyrighted by Dave Young

1990

Plakas v Drinski 19 F3rd 1143 (7th Cir 1994) cert Denied 115 SCt 81 (1994)

(2) The court stated ldquothat to permit every jury in this type of case to hear expert testimony that the defendant would have been uninjured if only the police had been able to use disabling gas or a capture net or a electrical device

(a)A municipality is liable because it failed to buy this equipment

(b)The Constitution does not enact a police administratorrsquos

equipment listlsquordquo

(c) The court ruled that there is no legal precedent that requires an officer to utilize alternatives to deadly force

137Copyrighted by Dave Young

1990

Davis v Mason County 927 F2d 1473 (9th Cir 1991)

aThe court ruled that the department had adequate training on the technical components of the use of force but did not have adequate training on the constitutional limits of the use of force in effecting arrests

138Copyrighted by Dave Young

1990

Davis v Mason County 927 F2d 1473 (9th Cir 1991)

b In other words the officers were trained on the how but not on the why and when the force is appropriate

c Court Recommendation Training should include confrontational scenarios of situations that require decision making then articulation by the officer as to the justification for the force used or not used

139Copyrighted by Dave Young

1990

Quezada v County of Bernalillo 944 F2d 710 (10th Cir 1991)

a The court ruled that an officer might be held liable for putting himself in a situation that requires him to use deadly force against an armed suicidal person

b This case involved an officer who left a position of cover to confront a suicidal subject

140Copyrighted by Dave Young

1990

141

Dave YoungFounder amp Director

ARMA Training

Website wwwarmatrainingcom772-913-1615

copyrighted by Dave Young 1994

Mental Effectsbull Specialty Impact Munitions have a

tremendous MENTAL effect on an individual In many cases the mental effects may far outweigh the physical effects and be the determining factor in the subjectrsquos response or time of incapacitation or distraction ldquoA fear of being shotrdquo

74

Anxietybull The action of pointing a firearm directly at

an individual andor actually firing a projectile

bull The pain and at times the appearance of

the injury may reinforce this belief

bull Instructor Note Can be addressed through training

75

Fearbull Arouses connotations and a fear of having been

shot with a firearm SIMS may cause a powerful mental distraction

bull Mentally the subject must cope with the physiological pain that the body feels

bull Instructor Note Can be addressed through personal experience

76

Panicbull Panic is not a desirable response due to having

less control of the subject or crowd

bull The impact is likely to create fear which may create a fight or flight response

bull Crowds may scatter rendering the intended escape route useless

bull Instructor Note LEAST DESIREABLE RESPONSE

77

Chapter 5

Primary vs Secondary Injuries

Primary vs Secondary Injury

Primary Injury

bull An injury directly caused by the use of force tool use

80

Secondary Injurybull An injury indirectly caused by

the use of force tool use

bull Either from resistance from subject or another officer and or environmental surroundings

81

Flight of a projectile

bull Once leaving barrel seeks equal weight distribution ndash Pan Cakes Saucer Spin

bull Head Wind ndash Round May Dive or Risebull Tail Wind ndash Round may Float or Cork

Screwbull Cross Wind ndash ldquoJrdquo Turn

82

Projectile CalculationWhen the distance of the target

INCREASES it effects

Velocity + Accuracy + Impact = Injury

83

Projectile CalculationWhen the distance of the target

DECREASES it effects

Velocity + Accuracy + Impact = Injury

84

Chapter 6

Target areas when using SIM

Blunt Trauma vs

Penetration Trauma

Blunt Traumabull The MAXIMUM desired effect of an impact munitions is

BLUNT TRAUMA - an impact from an object that leaves the body surface intact but may cause sufficient (non-life threatening) injury to distract control or incapacitate the subject

Stinger Round Injury

Pepperball Injury

Stinger Round Injury87

Types of Blunt Trauma Injuries

bull Abrasions - Skimming the surface skin area

bull Contusions - Injury to the brain

bull Lacerations - Partially hitting the skin surface from the side cutting the surface

88

Continued Blunt Trauma Injuriesbull Fractures - Primary injury when

munition strikes target are directly

bull Secondary injury when munitions strikes target area and causes the body to fall striking another surface indirectly

bull Concussion - Glancing blows or missed target or Falling or collapsing of the subject 89

Penetration Traumabull The unintended and most

undesirable outcome of an SIMS is penetration

bull SIMrsquos can cause Death or serious bodily injury

90

PenetrationPuncture ndash Entering the body

at arsquo90 degree angle breaking

thesurface of the skin

91

Target Areas

Unable to use a striking color baton chart

because the chart was used to identify areas of the body for impact and

injuries for striking a human which is MUCH less

force then deploying Specially Impact

Munitions92

Meat amp Muscle Areas

bull Primary target areas that when striking the human body will cause mild to intense pain with NO LONG LASTING INJURY

93

Primary Target Area ndash the target area

consisting of large muscle groupsbull Buttocks bull Thigh amp Calvesbull Lower Abdominal Areabull BicepsTricepsbull Forearm area

94

Meat amp Bone Areasbull Secondary target areas that when striking the human body will cause mild to intense pain with MINOR to LONG LASTING INJURY

95

Secondary target areas are skeletal areas ndash

preferred - may result in fractures

bull Shoulderbull Kneesbull Anklesbull Wrists bull Elbows

96

Bone amp Sensitive Areasbull Last resort target areas that when

striking the human body will cause intense pain with long lasting injury which MAY RESULT IN SERIOUS BODILY HARM WHICH MAY RESULT IN DEATH

97

Last Resort Target Area ndash the target area when

maximum effectiveness is desired to meet a level of

threat escalating to deadly force justification

bull Head amp Throatbull Chest (center mass)bull Solar plexusbull Groinbull Spinebull Lower back

98

99

100

Clothing

1 In colder climates where heavier clothing and jackets are worn rounds with higher energy capabilities will be required

2 In a case where the subject is lightly dressed pay close attention to munitions selection shot placement and engagement distance

3 In detention facilities and during civil disturbances the subjects may pad themselves in order to defeat the effects of SIM

101

Physical Stature and Condition ndash Is the subject heavy musculature or thin and skeletal age

1 250-pound muscular individual will more than likely be physiologically effected less than a 100-pound individual when both are struck in the sametarget area by SIM

2 The blunt trauma effects and the potential for penetration are much greater for the smallerperson 102

37MM Foam Baton-15 feet=WHOHOW12 ga Rubber Pellets HV- 22 feet= WHOHOW40MM Bean Bag-34 feet=WHOHOW

213

90 to 140 lbs 131 to 185 lbs 186 to 220 lbs (220 to 350+)

103

Immediate Surroundings 1Is there any person in the immediate area who

maybe at risk of a deflected or missed shot

2Identify your target backstop and beyond

104

Chapter 7

Intervention Options

THE FORCE CONTINUUM ndash WHEN TO USE SIMrsquos

bull Ladder of Forcebull Force Continuumbull Circle of Forcebull Force Modularbull Escalation of Force

106

107

OFFICER PRESENCE

bull Uniform Badge bull Dedicated Weapon Displayed

bull On a Slingbull Port Arms bull Ready Carry Position

108

Presence

109

Verbal Commands

bull Please stand over there bull Please sit down on the chairbull Stop put your hands downbull Ending with ldquoDo it nowrdquobull Professional Tone amp Attitude

110

NON-Verbal

111

Verbalization

112

SOFT PHYSICAL TECHNIQUES

bull Slight touching or guiding contact

bull Cupping an elbow to escort Lightly grabbing an arm or shoulder

bull AIMING WEAPON113

Aiming WeaponFinger OFF

Trigger

114

HARD PHYSICAL TECHNIQUES

bull Limb Control Techniquesbull Takedown Ground Stabilizationbull Dynamic Countermeasuresbull Impact Techniquesbull Electrical Devicesbull Hand held impact weapons bull Specialty Impact Munitions

115

Firing the Weapon116

DEADLY FORCE

bull Impact Weaponsbull SIM ndash Changing Aiming Point

bull Neck Restraintbull Firearm

117

Transitioning to

firearm

118

Chapter 8

Documentation

Documentationbull Collect all munitions expended and photographed when practical

ndashEvery CasingndashMark Misfired or Damaged rounds 120

Documentation

bull An inventory of munitions used and not used should be noted

ndashWhat was issued and went out

ndashWhat was fired and misfiredndashWhat was lost and not recovered 121

Documentation

bull A report should be written detailing the order in which the events occurred and the police actions that were required

122

Documentation

bull Report the effectiveness of the various types of SIMrsquos and their delivery systems

ndashWhat did I fire that didnrsquot

ndashWhat did I fire that did123

Documentationbull Document any injuries sustained and property damage incurred

ndashInjuries to SubjectndashOfficersndashBystanders

124

Documentationbull After the crowd has dispersed it

is necessary to move rapidly into the target area to remove lingering groups and to prevent the crowd from regrouping and continuing illegal activity

ndashFollow ThroughndashSecuring the Area

125

LIABILITY ISSUES

The court will decide whether the actions of the officers were

(1)Consistent with the limits set forth by the constitution federal and state laws

(2)Consistent with departmental policy and procedures

(3)Consistent with training the officer received to handle such situations

126

5 Important Questions to ASK

bull What was the distance angle and elevation

bull What was the construction of the round used

bull What was the size of the subjectbull What was the expected point of impactbull What was the training of the shooter

127

Questions the Court will ASK

(1) Look at the conduct of other officers who were present andor participated in the actions

(2) The conduct of supervisors who may have authorized the actions of officers

128

Questions the Court will ASK

(1) Were the actions of the officers consistent with their training

(2) Was the training adequate and acceptable by contemporary standards

If the officers were not trained does it amountto deliberate indifference on the part of the

agency 129

Was the actions of the officer

bull A trained techniquebull Was it a dynamic application of

the trained techniquebull Was it an untrained technique

justified under the circumstances

130

Case Law

Know your laws

Graham v Connor 490 US 386 (1989)

a The US Supreme Court case that defined the standard under which excessive force claims would be judged

(1) The standard established was that of objective reasonableness(2) Prior to this the standard was police behavior that shocks the conscienceldquo

bIn this case the court redefined and set forth a less subjective standard

132Copyrighted by Dave Young

1990

City of Canton v Harris 489 US 378 109 S Ct 1197 (1989)

a In this case a woman was arrested and did not receive necessary medical attention after a shift commander was made aware of her condition and decided she did not need medical attention

b Although on the face the City of Canton policy addressed medical issues they were grossly negligent in that they did not provide the shift commanders with the proper training to make such decisions 133

Copyrighted by Dave Young 1990

City of Canton v Harris 489 US 378 109 S Ct 1197 (1989)

c There were many issues that emerged from this case however the primary issue was that of failure to train on the part of the city That negligence amounted to being deliberately in different to the rights of the plaintiff

The implications of Canton v Harris can also go beyond training issues however the burden of proving the Standard of deliberate indifference is on the plaintiff and not easy to prove

d Court Recommendation The duties that officers are assigned to perform must be accompanied with adequate training to perform that function

134Copyrighted by Dave Young

1990

ONeal v DeKalb County GA 850 F2d 653 (11th Cir 1988)

a A mental subject stabbed 7 people before being confronted by the police After repeatedly ordering the subject to drop the knife and lay on the floor the subject rushed the officers and was shot to death

b The court ruled that the use of deadly force instead of non-lethal force against a knife wielding suspect was not malicious or unreasonable therefore not actionable by the plaintiffs

135Copyrighted by Dave Young

1990

Plakas v Drinski 19 F3rd 1143 (7th Cir 1994) cert Denied 115 S Ct 81 (1994)

This case involved the shooting of a suspect who was

wielding a fire poker When the officer attempted to

arrest him he charged the officer with the fire poker and

was shot by police

(1)Plaintiffs who sued on behalf of the deceased claimed the officer did not use other means of force available to him at that time listing disabling chemical spray a police dog and distance

136Copyrighted by Dave Young

1990

Plakas v Drinski 19 F3rd 1143 (7th Cir 1994) cert Denied 115 SCt 81 (1994)

(2) The court stated ldquothat to permit every jury in this type of case to hear expert testimony that the defendant would have been uninjured if only the police had been able to use disabling gas or a capture net or a electrical device

(a)A municipality is liable because it failed to buy this equipment

(b)The Constitution does not enact a police administratorrsquos

equipment listlsquordquo

(c) The court ruled that there is no legal precedent that requires an officer to utilize alternatives to deadly force

137Copyrighted by Dave Young

1990

Davis v Mason County 927 F2d 1473 (9th Cir 1991)

aThe court ruled that the department had adequate training on the technical components of the use of force but did not have adequate training on the constitutional limits of the use of force in effecting arrests

138Copyrighted by Dave Young

1990

Davis v Mason County 927 F2d 1473 (9th Cir 1991)

b In other words the officers were trained on the how but not on the why and when the force is appropriate

c Court Recommendation Training should include confrontational scenarios of situations that require decision making then articulation by the officer as to the justification for the force used or not used

139Copyrighted by Dave Young

1990

Quezada v County of Bernalillo 944 F2d 710 (10th Cir 1991)

a The court ruled that an officer might be held liable for putting himself in a situation that requires him to use deadly force against an armed suicidal person

b This case involved an officer who left a position of cover to confront a suicidal subject

140Copyrighted by Dave Young

1990

141

Dave YoungFounder amp Director

ARMA Training

Website wwwarmatrainingcom772-913-1615

copyrighted by Dave Young 1994

Anxietybull The action of pointing a firearm directly at

an individual andor actually firing a projectile

bull The pain and at times the appearance of

the injury may reinforce this belief

bull Instructor Note Can be addressed through training

75

Fearbull Arouses connotations and a fear of having been

shot with a firearm SIMS may cause a powerful mental distraction

bull Mentally the subject must cope with the physiological pain that the body feels

bull Instructor Note Can be addressed through personal experience

76

Panicbull Panic is not a desirable response due to having

less control of the subject or crowd

bull The impact is likely to create fear which may create a fight or flight response

bull Crowds may scatter rendering the intended escape route useless

bull Instructor Note LEAST DESIREABLE RESPONSE

77

Chapter 5

Primary vs Secondary Injuries

Primary vs Secondary Injury

Primary Injury

bull An injury directly caused by the use of force tool use

80

Secondary Injurybull An injury indirectly caused by

the use of force tool use

bull Either from resistance from subject or another officer and or environmental surroundings

81

Flight of a projectile

bull Once leaving barrel seeks equal weight distribution ndash Pan Cakes Saucer Spin

bull Head Wind ndash Round May Dive or Risebull Tail Wind ndash Round may Float or Cork

Screwbull Cross Wind ndash ldquoJrdquo Turn

82

Projectile CalculationWhen the distance of the target

INCREASES it effects

Velocity + Accuracy + Impact = Injury

83

Projectile CalculationWhen the distance of the target

DECREASES it effects

Velocity + Accuracy + Impact = Injury

84

Chapter 6

Target areas when using SIM

Blunt Trauma vs

Penetration Trauma

Blunt Traumabull The MAXIMUM desired effect of an impact munitions is

BLUNT TRAUMA - an impact from an object that leaves the body surface intact but may cause sufficient (non-life threatening) injury to distract control or incapacitate the subject

Stinger Round Injury

Pepperball Injury

Stinger Round Injury87

Types of Blunt Trauma Injuries

bull Abrasions - Skimming the surface skin area

bull Contusions - Injury to the brain

bull Lacerations - Partially hitting the skin surface from the side cutting the surface

88

Continued Blunt Trauma Injuriesbull Fractures - Primary injury when

munition strikes target are directly

bull Secondary injury when munitions strikes target area and causes the body to fall striking another surface indirectly

bull Concussion - Glancing blows or missed target or Falling or collapsing of the subject 89

Penetration Traumabull The unintended and most

undesirable outcome of an SIMS is penetration

bull SIMrsquos can cause Death or serious bodily injury

90

PenetrationPuncture ndash Entering the body

at arsquo90 degree angle breaking

thesurface of the skin

91

Target Areas

Unable to use a striking color baton chart

because the chart was used to identify areas of the body for impact and

injuries for striking a human which is MUCH less

force then deploying Specially Impact

Munitions92

Meat amp Muscle Areas

bull Primary target areas that when striking the human body will cause mild to intense pain with NO LONG LASTING INJURY

93

Primary Target Area ndash the target area

consisting of large muscle groupsbull Buttocks bull Thigh amp Calvesbull Lower Abdominal Areabull BicepsTricepsbull Forearm area

94

Meat amp Bone Areasbull Secondary target areas that when striking the human body will cause mild to intense pain with MINOR to LONG LASTING INJURY

95

Secondary target areas are skeletal areas ndash

preferred - may result in fractures

bull Shoulderbull Kneesbull Anklesbull Wrists bull Elbows

96

Bone amp Sensitive Areasbull Last resort target areas that when

striking the human body will cause intense pain with long lasting injury which MAY RESULT IN SERIOUS BODILY HARM WHICH MAY RESULT IN DEATH

97

Last Resort Target Area ndash the target area when

maximum effectiveness is desired to meet a level of

threat escalating to deadly force justification

bull Head amp Throatbull Chest (center mass)bull Solar plexusbull Groinbull Spinebull Lower back

98

99

100

Clothing

1 In colder climates where heavier clothing and jackets are worn rounds with higher energy capabilities will be required

2 In a case where the subject is lightly dressed pay close attention to munitions selection shot placement and engagement distance

3 In detention facilities and during civil disturbances the subjects may pad themselves in order to defeat the effects of SIM

101

Physical Stature and Condition ndash Is the subject heavy musculature or thin and skeletal age

1 250-pound muscular individual will more than likely be physiologically effected less than a 100-pound individual when both are struck in the sametarget area by SIM

2 The blunt trauma effects and the potential for penetration are much greater for the smallerperson 102

37MM Foam Baton-15 feet=WHOHOW12 ga Rubber Pellets HV- 22 feet= WHOHOW40MM Bean Bag-34 feet=WHOHOW

213

90 to 140 lbs 131 to 185 lbs 186 to 220 lbs (220 to 350+)

103

Immediate Surroundings 1Is there any person in the immediate area who

maybe at risk of a deflected or missed shot

2Identify your target backstop and beyond

104

Chapter 7

Intervention Options

THE FORCE CONTINUUM ndash WHEN TO USE SIMrsquos

bull Ladder of Forcebull Force Continuumbull Circle of Forcebull Force Modularbull Escalation of Force

106

107

OFFICER PRESENCE

bull Uniform Badge bull Dedicated Weapon Displayed

bull On a Slingbull Port Arms bull Ready Carry Position

108

Presence

109

Verbal Commands

bull Please stand over there bull Please sit down on the chairbull Stop put your hands downbull Ending with ldquoDo it nowrdquobull Professional Tone amp Attitude

110

NON-Verbal

111

Verbalization

112

SOFT PHYSICAL TECHNIQUES

bull Slight touching or guiding contact

bull Cupping an elbow to escort Lightly grabbing an arm or shoulder

bull AIMING WEAPON113

Aiming WeaponFinger OFF

Trigger

114

HARD PHYSICAL TECHNIQUES

bull Limb Control Techniquesbull Takedown Ground Stabilizationbull Dynamic Countermeasuresbull Impact Techniquesbull Electrical Devicesbull Hand held impact weapons bull Specialty Impact Munitions

115

Firing the Weapon116

DEADLY FORCE

bull Impact Weaponsbull SIM ndash Changing Aiming Point

bull Neck Restraintbull Firearm

117

Transitioning to

firearm

118

Chapter 8

Documentation

Documentationbull Collect all munitions expended and photographed when practical

ndashEvery CasingndashMark Misfired or Damaged rounds 120

Documentation

bull An inventory of munitions used and not used should be noted

ndashWhat was issued and went out

ndashWhat was fired and misfiredndashWhat was lost and not recovered 121

Documentation

bull A report should be written detailing the order in which the events occurred and the police actions that were required

122

Documentation

bull Report the effectiveness of the various types of SIMrsquos and their delivery systems

ndashWhat did I fire that didnrsquot

ndashWhat did I fire that did123

Documentationbull Document any injuries sustained and property damage incurred

ndashInjuries to SubjectndashOfficersndashBystanders

124

Documentationbull After the crowd has dispersed it

is necessary to move rapidly into the target area to remove lingering groups and to prevent the crowd from regrouping and continuing illegal activity

ndashFollow ThroughndashSecuring the Area

125

LIABILITY ISSUES

The court will decide whether the actions of the officers were

(1)Consistent with the limits set forth by the constitution federal and state laws

(2)Consistent with departmental policy and procedures

(3)Consistent with training the officer received to handle such situations

126

5 Important Questions to ASK

bull What was the distance angle and elevation

bull What was the construction of the round used

bull What was the size of the subjectbull What was the expected point of impactbull What was the training of the shooter

127

Questions the Court will ASK

(1) Look at the conduct of other officers who were present andor participated in the actions

(2) The conduct of supervisors who may have authorized the actions of officers

128

Questions the Court will ASK

(1) Were the actions of the officers consistent with their training

(2) Was the training adequate and acceptable by contemporary standards

If the officers were not trained does it amountto deliberate indifference on the part of the

agency 129

Was the actions of the officer

bull A trained techniquebull Was it a dynamic application of

the trained techniquebull Was it an untrained technique

justified under the circumstances

130

Case Law

Know your laws

Graham v Connor 490 US 386 (1989)

a The US Supreme Court case that defined the standard under which excessive force claims would be judged

(1) The standard established was that of objective reasonableness(2) Prior to this the standard was police behavior that shocks the conscienceldquo

bIn this case the court redefined and set forth a less subjective standard

132Copyrighted by Dave Young

1990

City of Canton v Harris 489 US 378 109 S Ct 1197 (1989)

a In this case a woman was arrested and did not receive necessary medical attention after a shift commander was made aware of her condition and decided she did not need medical attention

b Although on the face the City of Canton policy addressed medical issues they were grossly negligent in that they did not provide the shift commanders with the proper training to make such decisions 133

Copyrighted by Dave Young 1990

City of Canton v Harris 489 US 378 109 S Ct 1197 (1989)

c There were many issues that emerged from this case however the primary issue was that of failure to train on the part of the city That negligence amounted to being deliberately in different to the rights of the plaintiff

The implications of Canton v Harris can also go beyond training issues however the burden of proving the Standard of deliberate indifference is on the plaintiff and not easy to prove

d Court Recommendation The duties that officers are assigned to perform must be accompanied with adequate training to perform that function

134Copyrighted by Dave Young

1990

ONeal v DeKalb County GA 850 F2d 653 (11th Cir 1988)

a A mental subject stabbed 7 people before being confronted by the police After repeatedly ordering the subject to drop the knife and lay on the floor the subject rushed the officers and was shot to death

b The court ruled that the use of deadly force instead of non-lethal force against a knife wielding suspect was not malicious or unreasonable therefore not actionable by the plaintiffs

135Copyrighted by Dave Young

1990

Plakas v Drinski 19 F3rd 1143 (7th Cir 1994) cert Denied 115 S Ct 81 (1994)

This case involved the shooting of a suspect who was

wielding a fire poker When the officer attempted to

arrest him he charged the officer with the fire poker and

was shot by police

(1)Plaintiffs who sued on behalf of the deceased claimed the officer did not use other means of force available to him at that time listing disabling chemical spray a police dog and distance

136Copyrighted by Dave Young

1990

Plakas v Drinski 19 F3rd 1143 (7th Cir 1994) cert Denied 115 SCt 81 (1994)

(2) The court stated ldquothat to permit every jury in this type of case to hear expert testimony that the defendant would have been uninjured if only the police had been able to use disabling gas or a capture net or a electrical device

(a)A municipality is liable because it failed to buy this equipment

(b)The Constitution does not enact a police administratorrsquos

equipment listlsquordquo

(c) The court ruled that there is no legal precedent that requires an officer to utilize alternatives to deadly force

137Copyrighted by Dave Young

1990

Davis v Mason County 927 F2d 1473 (9th Cir 1991)

aThe court ruled that the department had adequate training on the technical components of the use of force but did not have adequate training on the constitutional limits of the use of force in effecting arrests

138Copyrighted by Dave Young

1990

Davis v Mason County 927 F2d 1473 (9th Cir 1991)

b In other words the officers were trained on the how but not on the why and when the force is appropriate

c Court Recommendation Training should include confrontational scenarios of situations that require decision making then articulation by the officer as to the justification for the force used or not used

139Copyrighted by Dave Young

1990

Quezada v County of Bernalillo 944 F2d 710 (10th Cir 1991)

a The court ruled that an officer might be held liable for putting himself in a situation that requires him to use deadly force against an armed suicidal person

b This case involved an officer who left a position of cover to confront a suicidal subject

140Copyrighted by Dave Young

1990

141

Dave YoungFounder amp Director

ARMA Training

Website wwwarmatrainingcom772-913-1615

copyrighted by Dave Young 1994

Fearbull Arouses connotations and a fear of having been

shot with a firearm SIMS may cause a powerful mental distraction

bull Mentally the subject must cope with the physiological pain that the body feels

bull Instructor Note Can be addressed through personal experience

76

Panicbull Panic is not a desirable response due to having

less control of the subject or crowd

bull The impact is likely to create fear which may create a fight or flight response

bull Crowds may scatter rendering the intended escape route useless

bull Instructor Note LEAST DESIREABLE RESPONSE

77

Chapter 5

Primary vs Secondary Injuries

Primary vs Secondary Injury

Primary Injury

bull An injury directly caused by the use of force tool use

80

Secondary Injurybull An injury indirectly caused by

the use of force tool use

bull Either from resistance from subject or another officer and or environmental surroundings

81

Flight of a projectile

bull Once leaving barrel seeks equal weight distribution ndash Pan Cakes Saucer Spin

bull Head Wind ndash Round May Dive or Risebull Tail Wind ndash Round may Float or Cork

Screwbull Cross Wind ndash ldquoJrdquo Turn

82

Projectile CalculationWhen the distance of the target

INCREASES it effects

Velocity + Accuracy + Impact = Injury

83

Projectile CalculationWhen the distance of the target

DECREASES it effects

Velocity + Accuracy + Impact = Injury

84

Chapter 6

Target areas when using SIM

Blunt Trauma vs

Penetration Trauma

Blunt Traumabull The MAXIMUM desired effect of an impact munitions is

BLUNT TRAUMA - an impact from an object that leaves the body surface intact but may cause sufficient (non-life threatening) injury to distract control or incapacitate the subject

Stinger Round Injury

Pepperball Injury

Stinger Round Injury87

Types of Blunt Trauma Injuries

bull Abrasions - Skimming the surface skin area

bull Contusions - Injury to the brain

bull Lacerations - Partially hitting the skin surface from the side cutting the surface

88

Continued Blunt Trauma Injuriesbull Fractures - Primary injury when

munition strikes target are directly

bull Secondary injury when munitions strikes target area and causes the body to fall striking another surface indirectly

bull Concussion - Glancing blows or missed target or Falling or collapsing of the subject 89

Penetration Traumabull The unintended and most

undesirable outcome of an SIMS is penetration

bull SIMrsquos can cause Death or serious bodily injury

90

PenetrationPuncture ndash Entering the body

at arsquo90 degree angle breaking

thesurface of the skin

91

Target Areas

Unable to use a striking color baton chart

because the chart was used to identify areas of the body for impact and

injuries for striking a human which is MUCH less

force then deploying Specially Impact

Munitions92

Meat amp Muscle Areas

bull Primary target areas that when striking the human body will cause mild to intense pain with NO LONG LASTING INJURY

93

Primary Target Area ndash the target area

consisting of large muscle groupsbull Buttocks bull Thigh amp Calvesbull Lower Abdominal Areabull BicepsTricepsbull Forearm area

94

Meat amp Bone Areasbull Secondary target areas that when striking the human body will cause mild to intense pain with MINOR to LONG LASTING INJURY

95

Secondary target areas are skeletal areas ndash

preferred - may result in fractures

bull Shoulderbull Kneesbull Anklesbull Wrists bull Elbows

96

Bone amp Sensitive Areasbull Last resort target areas that when

striking the human body will cause intense pain with long lasting injury which MAY RESULT IN SERIOUS BODILY HARM WHICH MAY RESULT IN DEATH

97

Last Resort Target Area ndash the target area when

maximum effectiveness is desired to meet a level of

threat escalating to deadly force justification

bull Head amp Throatbull Chest (center mass)bull Solar plexusbull Groinbull Spinebull Lower back

98

99

100

Clothing

1 In colder climates where heavier clothing and jackets are worn rounds with higher energy capabilities will be required

2 In a case where the subject is lightly dressed pay close attention to munitions selection shot placement and engagement distance

3 In detention facilities and during civil disturbances the subjects may pad themselves in order to defeat the effects of SIM

101

Physical Stature and Condition ndash Is the subject heavy musculature or thin and skeletal age

1 250-pound muscular individual will more than likely be physiologically effected less than a 100-pound individual when both are struck in the sametarget area by SIM

2 The blunt trauma effects and the potential for penetration are much greater for the smallerperson 102

37MM Foam Baton-15 feet=WHOHOW12 ga Rubber Pellets HV- 22 feet= WHOHOW40MM Bean Bag-34 feet=WHOHOW

213

90 to 140 lbs 131 to 185 lbs 186 to 220 lbs (220 to 350+)

103

Immediate Surroundings 1Is there any person in the immediate area who

maybe at risk of a deflected or missed shot

2Identify your target backstop and beyond

104

Chapter 7

Intervention Options

THE FORCE CONTINUUM ndash WHEN TO USE SIMrsquos

bull Ladder of Forcebull Force Continuumbull Circle of Forcebull Force Modularbull Escalation of Force

106

107

OFFICER PRESENCE

bull Uniform Badge bull Dedicated Weapon Displayed

bull On a Slingbull Port Arms bull Ready Carry Position

108

Presence

109

Verbal Commands

bull Please stand over there bull Please sit down on the chairbull Stop put your hands downbull Ending with ldquoDo it nowrdquobull Professional Tone amp Attitude

110

NON-Verbal

111

Verbalization

112

SOFT PHYSICAL TECHNIQUES

bull Slight touching or guiding contact

bull Cupping an elbow to escort Lightly grabbing an arm or shoulder

bull AIMING WEAPON113

Aiming WeaponFinger OFF

Trigger

114

HARD PHYSICAL TECHNIQUES

bull Limb Control Techniquesbull Takedown Ground Stabilizationbull Dynamic Countermeasuresbull Impact Techniquesbull Electrical Devicesbull Hand held impact weapons bull Specialty Impact Munitions

115

Firing the Weapon116

DEADLY FORCE

bull Impact Weaponsbull SIM ndash Changing Aiming Point

bull Neck Restraintbull Firearm

117

Transitioning to

firearm

118

Chapter 8

Documentation

Documentationbull Collect all munitions expended and photographed when practical

ndashEvery CasingndashMark Misfired or Damaged rounds 120

Documentation

bull An inventory of munitions used and not used should be noted

ndashWhat was issued and went out

ndashWhat was fired and misfiredndashWhat was lost and not recovered 121

Documentation

bull A report should be written detailing the order in which the events occurred and the police actions that were required

122

Documentation

bull Report the effectiveness of the various types of SIMrsquos and their delivery systems

ndashWhat did I fire that didnrsquot

ndashWhat did I fire that did123

Documentationbull Document any injuries sustained and property damage incurred

ndashInjuries to SubjectndashOfficersndashBystanders

124

Documentationbull After the crowd has dispersed it

is necessary to move rapidly into the target area to remove lingering groups and to prevent the crowd from regrouping and continuing illegal activity

ndashFollow ThroughndashSecuring the Area

125

LIABILITY ISSUES

The court will decide whether the actions of the officers were

(1)Consistent with the limits set forth by the constitution federal and state laws

(2)Consistent with departmental policy and procedures

(3)Consistent with training the officer received to handle such situations

126

5 Important Questions to ASK

bull What was the distance angle and elevation

bull What was the construction of the round used

bull What was the size of the subjectbull What was the expected point of impactbull What was the training of the shooter

127

Questions the Court will ASK

(1) Look at the conduct of other officers who were present andor participated in the actions

(2) The conduct of supervisors who may have authorized the actions of officers

128

Questions the Court will ASK

(1) Were the actions of the officers consistent with their training

(2) Was the training adequate and acceptable by contemporary standards

If the officers were not trained does it amountto deliberate indifference on the part of the

agency 129

Was the actions of the officer

bull A trained techniquebull Was it a dynamic application of

the trained techniquebull Was it an untrained technique

justified under the circumstances

130

Case Law

Know your laws

Graham v Connor 490 US 386 (1989)

a The US Supreme Court case that defined the standard under which excessive force claims would be judged

(1) The standard established was that of objective reasonableness(2) Prior to this the standard was police behavior that shocks the conscienceldquo

bIn this case the court redefined and set forth a less subjective standard

132Copyrighted by Dave Young

1990

City of Canton v Harris 489 US 378 109 S Ct 1197 (1989)

a In this case a woman was arrested and did not receive necessary medical attention after a shift commander was made aware of her condition and decided she did not need medical attention

b Although on the face the City of Canton policy addressed medical issues they were grossly negligent in that they did not provide the shift commanders with the proper training to make such decisions 133

Copyrighted by Dave Young 1990

City of Canton v Harris 489 US 378 109 S Ct 1197 (1989)

c There were many issues that emerged from this case however the primary issue was that of failure to train on the part of the city That negligence amounted to being deliberately in different to the rights of the plaintiff

The implications of Canton v Harris can also go beyond training issues however the burden of proving the Standard of deliberate indifference is on the plaintiff and not easy to prove

d Court Recommendation The duties that officers are assigned to perform must be accompanied with adequate training to perform that function

134Copyrighted by Dave Young

1990

ONeal v DeKalb County GA 850 F2d 653 (11th Cir 1988)

a A mental subject stabbed 7 people before being confronted by the police After repeatedly ordering the subject to drop the knife and lay on the floor the subject rushed the officers and was shot to death

b The court ruled that the use of deadly force instead of non-lethal force against a knife wielding suspect was not malicious or unreasonable therefore not actionable by the plaintiffs

135Copyrighted by Dave Young

1990

Plakas v Drinski 19 F3rd 1143 (7th Cir 1994) cert Denied 115 S Ct 81 (1994)

This case involved the shooting of a suspect who was

wielding a fire poker When the officer attempted to

arrest him he charged the officer with the fire poker and

was shot by police

(1)Plaintiffs who sued on behalf of the deceased claimed the officer did not use other means of force available to him at that time listing disabling chemical spray a police dog and distance

136Copyrighted by Dave Young

1990

Plakas v Drinski 19 F3rd 1143 (7th Cir 1994) cert Denied 115 SCt 81 (1994)

(2) The court stated ldquothat to permit every jury in this type of case to hear expert testimony that the defendant would have been uninjured if only the police had been able to use disabling gas or a capture net or a electrical device

(a)A municipality is liable because it failed to buy this equipment

(b)The Constitution does not enact a police administratorrsquos

equipment listlsquordquo

(c) The court ruled that there is no legal precedent that requires an officer to utilize alternatives to deadly force

137Copyrighted by Dave Young

1990

Davis v Mason County 927 F2d 1473 (9th Cir 1991)

aThe court ruled that the department had adequate training on the technical components of the use of force but did not have adequate training on the constitutional limits of the use of force in effecting arrests

138Copyrighted by Dave Young

1990

Davis v Mason County 927 F2d 1473 (9th Cir 1991)

b In other words the officers were trained on the how but not on the why and when the force is appropriate

c Court Recommendation Training should include confrontational scenarios of situations that require decision making then articulation by the officer as to the justification for the force used or not used

139Copyrighted by Dave Young

1990

Quezada v County of Bernalillo 944 F2d 710 (10th Cir 1991)

a The court ruled that an officer might be held liable for putting himself in a situation that requires him to use deadly force against an armed suicidal person

b This case involved an officer who left a position of cover to confront a suicidal subject

140Copyrighted by Dave Young

1990

141

Dave YoungFounder amp Director

ARMA Training

Website wwwarmatrainingcom772-913-1615

copyrighted by Dave Young 1994

Panicbull Panic is not a desirable response due to having

less control of the subject or crowd

bull The impact is likely to create fear which may create a fight or flight response

bull Crowds may scatter rendering the intended escape route useless

bull Instructor Note LEAST DESIREABLE RESPONSE

77

Chapter 5

Primary vs Secondary Injuries

Primary vs Secondary Injury

Primary Injury

bull An injury directly caused by the use of force tool use

80

Secondary Injurybull An injury indirectly caused by

the use of force tool use

bull Either from resistance from subject or another officer and or environmental surroundings

81

Flight of a projectile

bull Once leaving barrel seeks equal weight distribution ndash Pan Cakes Saucer Spin

bull Head Wind ndash Round May Dive or Risebull Tail Wind ndash Round may Float or Cork

Screwbull Cross Wind ndash ldquoJrdquo Turn

82

Projectile CalculationWhen the distance of the target

INCREASES it effects

Velocity + Accuracy + Impact = Injury

83

Projectile CalculationWhen the distance of the target

DECREASES it effects

Velocity + Accuracy + Impact = Injury

84

Chapter 6

Target areas when using SIM

Blunt Trauma vs

Penetration Trauma

Blunt Traumabull The MAXIMUM desired effect of an impact munitions is

BLUNT TRAUMA - an impact from an object that leaves the body surface intact but may cause sufficient (non-life threatening) injury to distract control or incapacitate the subject

Stinger Round Injury

Pepperball Injury

Stinger Round Injury87

Types of Blunt Trauma Injuries

bull Abrasions - Skimming the surface skin area

bull Contusions - Injury to the brain

bull Lacerations - Partially hitting the skin surface from the side cutting the surface

88

Continued Blunt Trauma Injuriesbull Fractures - Primary injury when

munition strikes target are directly

bull Secondary injury when munitions strikes target area and causes the body to fall striking another surface indirectly

bull Concussion - Glancing blows or missed target or Falling or collapsing of the subject 89

Penetration Traumabull The unintended and most

undesirable outcome of an SIMS is penetration

bull SIMrsquos can cause Death or serious bodily injury

90

PenetrationPuncture ndash Entering the body

at arsquo90 degree angle breaking

thesurface of the skin

91

Target Areas

Unable to use a striking color baton chart

because the chart was used to identify areas of the body for impact and

injuries for striking a human which is MUCH less

force then deploying Specially Impact

Munitions92

Meat amp Muscle Areas

bull Primary target areas that when striking the human body will cause mild to intense pain with NO LONG LASTING INJURY

93

Primary Target Area ndash the target area

consisting of large muscle groupsbull Buttocks bull Thigh amp Calvesbull Lower Abdominal Areabull BicepsTricepsbull Forearm area

94

Meat amp Bone Areasbull Secondary target areas that when striking the human body will cause mild to intense pain with MINOR to LONG LASTING INJURY

95

Secondary target areas are skeletal areas ndash

preferred - may result in fractures

bull Shoulderbull Kneesbull Anklesbull Wrists bull Elbows

96

Bone amp Sensitive Areasbull Last resort target areas that when

striking the human body will cause intense pain with long lasting injury which MAY RESULT IN SERIOUS BODILY HARM WHICH MAY RESULT IN DEATH

97

Last Resort Target Area ndash the target area when

maximum effectiveness is desired to meet a level of

threat escalating to deadly force justification

bull Head amp Throatbull Chest (center mass)bull Solar plexusbull Groinbull Spinebull Lower back

98

99

100

Clothing

1 In colder climates where heavier clothing and jackets are worn rounds with higher energy capabilities will be required

2 In a case where the subject is lightly dressed pay close attention to munitions selection shot placement and engagement distance

3 In detention facilities and during civil disturbances the subjects may pad themselves in order to defeat the effects of SIM

101

Physical Stature and Condition ndash Is the subject heavy musculature or thin and skeletal age

1 250-pound muscular individual will more than likely be physiologically effected less than a 100-pound individual when both are struck in the sametarget area by SIM

2 The blunt trauma effects and the potential for penetration are much greater for the smallerperson 102

37MM Foam Baton-15 feet=WHOHOW12 ga Rubber Pellets HV- 22 feet= WHOHOW40MM Bean Bag-34 feet=WHOHOW

213

90 to 140 lbs 131 to 185 lbs 186 to 220 lbs (220 to 350+)

103

Immediate Surroundings 1Is there any person in the immediate area who

maybe at risk of a deflected or missed shot

2Identify your target backstop and beyond

104

Chapter 7

Intervention Options

THE FORCE CONTINUUM ndash WHEN TO USE SIMrsquos

bull Ladder of Forcebull Force Continuumbull Circle of Forcebull Force Modularbull Escalation of Force

106

107

OFFICER PRESENCE

bull Uniform Badge bull Dedicated Weapon Displayed

bull On a Slingbull Port Arms bull Ready Carry Position

108

Presence

109

Verbal Commands

bull Please stand over there bull Please sit down on the chairbull Stop put your hands downbull Ending with ldquoDo it nowrdquobull Professional Tone amp Attitude

110

NON-Verbal

111

Verbalization

112

SOFT PHYSICAL TECHNIQUES

bull Slight touching or guiding contact

bull Cupping an elbow to escort Lightly grabbing an arm or shoulder

bull AIMING WEAPON113

Aiming WeaponFinger OFF

Trigger

114

HARD PHYSICAL TECHNIQUES

bull Limb Control Techniquesbull Takedown Ground Stabilizationbull Dynamic Countermeasuresbull Impact Techniquesbull Electrical Devicesbull Hand held impact weapons bull Specialty Impact Munitions

115

Firing the Weapon116

DEADLY FORCE

bull Impact Weaponsbull SIM ndash Changing Aiming Point

bull Neck Restraintbull Firearm

117

Transitioning to

firearm

118

Chapter 8

Documentation

Documentationbull Collect all munitions expended and photographed when practical

ndashEvery CasingndashMark Misfired or Damaged rounds 120

Documentation

bull An inventory of munitions used and not used should be noted

ndashWhat was issued and went out

ndashWhat was fired and misfiredndashWhat was lost and not recovered 121

Documentation

bull A report should be written detailing the order in which the events occurred and the police actions that were required

122

Documentation

bull Report the effectiveness of the various types of SIMrsquos and their delivery systems

ndashWhat did I fire that didnrsquot

ndashWhat did I fire that did123

Documentationbull Document any injuries sustained and property damage incurred

ndashInjuries to SubjectndashOfficersndashBystanders

124

Documentationbull After the crowd has dispersed it

is necessary to move rapidly into the target area to remove lingering groups and to prevent the crowd from regrouping and continuing illegal activity

ndashFollow ThroughndashSecuring the Area

125

LIABILITY ISSUES

The court will decide whether the actions of the officers were

(1)Consistent with the limits set forth by the constitution federal and state laws

(2)Consistent with departmental policy and procedures

(3)Consistent with training the officer received to handle such situations

126

5 Important Questions to ASK

bull What was the distance angle and elevation

bull What was the construction of the round used

bull What was the size of the subjectbull What was the expected point of impactbull What was the training of the shooter

127

Questions the Court will ASK

(1) Look at the conduct of other officers who were present andor participated in the actions

(2) The conduct of supervisors who may have authorized the actions of officers

128

Questions the Court will ASK

(1) Were the actions of the officers consistent with their training

(2) Was the training adequate and acceptable by contemporary standards

If the officers were not trained does it amountto deliberate indifference on the part of the

agency 129

Was the actions of the officer

bull A trained techniquebull Was it a dynamic application of

the trained techniquebull Was it an untrained technique

justified under the circumstances

130

Case Law

Know your laws

Graham v Connor 490 US 386 (1989)

a The US Supreme Court case that defined the standard under which excessive force claims would be judged

(1) The standard established was that of objective reasonableness(2) Prior to this the standard was police behavior that shocks the conscienceldquo

bIn this case the court redefined and set forth a less subjective standard

132Copyrighted by Dave Young

1990

City of Canton v Harris 489 US 378 109 S Ct 1197 (1989)

a In this case a woman was arrested and did not receive necessary medical attention after a shift commander was made aware of her condition and decided she did not need medical attention

b Although on the face the City of Canton policy addressed medical issues they were grossly negligent in that they did not provide the shift commanders with the proper training to make such decisions 133

Copyrighted by Dave Young 1990

City of Canton v Harris 489 US 378 109 S Ct 1197 (1989)

c There were many issues that emerged from this case however the primary issue was that of failure to train on the part of the city That negligence amounted to being deliberately in different to the rights of the plaintiff

The implications of Canton v Harris can also go beyond training issues however the burden of proving the Standard of deliberate indifference is on the plaintiff and not easy to prove

d Court Recommendation The duties that officers are assigned to perform must be accompanied with adequate training to perform that function

134Copyrighted by Dave Young

1990

ONeal v DeKalb County GA 850 F2d 653 (11th Cir 1988)

a A mental subject stabbed 7 people before being confronted by the police After repeatedly ordering the subject to drop the knife and lay on the floor the subject rushed the officers and was shot to death

b The court ruled that the use of deadly force instead of non-lethal force against a knife wielding suspect was not malicious or unreasonable therefore not actionable by the plaintiffs

135Copyrighted by Dave Young

1990

Plakas v Drinski 19 F3rd 1143 (7th Cir 1994) cert Denied 115 S Ct 81 (1994)

This case involved the shooting of a suspect who was

wielding a fire poker When the officer attempted to

arrest him he charged the officer with the fire poker and

was shot by police

(1)Plaintiffs who sued on behalf of the deceased claimed the officer did not use other means of force available to him at that time listing disabling chemical spray a police dog and distance

136Copyrighted by Dave Young

1990

Plakas v Drinski 19 F3rd 1143 (7th Cir 1994) cert Denied 115 SCt 81 (1994)

(2) The court stated ldquothat to permit every jury in this type of case to hear expert testimony that the defendant would have been uninjured if only the police had been able to use disabling gas or a capture net or a electrical device

(a)A municipality is liable because it failed to buy this equipment

(b)The Constitution does not enact a police administratorrsquos

equipment listlsquordquo

(c) The court ruled that there is no legal precedent that requires an officer to utilize alternatives to deadly force

137Copyrighted by Dave Young

1990

Davis v Mason County 927 F2d 1473 (9th Cir 1991)

aThe court ruled that the department had adequate training on the technical components of the use of force but did not have adequate training on the constitutional limits of the use of force in effecting arrests

138Copyrighted by Dave Young

1990

Davis v Mason County 927 F2d 1473 (9th Cir 1991)

b In other words the officers were trained on the how but not on the why and when the force is appropriate

c Court Recommendation Training should include confrontational scenarios of situations that require decision making then articulation by the officer as to the justification for the force used or not used

139Copyrighted by Dave Young

1990

Quezada v County of Bernalillo 944 F2d 710 (10th Cir 1991)

a The court ruled that an officer might be held liable for putting himself in a situation that requires him to use deadly force against an armed suicidal person

b This case involved an officer who left a position of cover to confront a suicidal subject

140Copyrighted by Dave Young

1990

141

Dave YoungFounder amp Director

ARMA Training

Website wwwarmatrainingcom772-913-1615

copyrighted by Dave Young 1994

Chapter 5

Primary vs Secondary Injuries

Primary vs Secondary Injury

Primary Injury

bull An injury directly caused by the use of force tool use

80

Secondary Injurybull An injury indirectly caused by

the use of force tool use

bull Either from resistance from subject or another officer and or environmental surroundings

81

Flight of a projectile

bull Once leaving barrel seeks equal weight distribution ndash Pan Cakes Saucer Spin

bull Head Wind ndash Round May Dive or Risebull Tail Wind ndash Round may Float or Cork

Screwbull Cross Wind ndash ldquoJrdquo Turn

82

Projectile CalculationWhen the distance of the target

INCREASES it effects

Velocity + Accuracy + Impact = Injury

83

Projectile CalculationWhen the distance of the target

DECREASES it effects

Velocity + Accuracy + Impact = Injury

84

Chapter 6

Target areas when using SIM

Blunt Trauma vs

Penetration Trauma

Blunt Traumabull The MAXIMUM desired effect of an impact munitions is

BLUNT TRAUMA - an impact from an object that leaves the body surface intact but may cause sufficient (non-life threatening) injury to distract control or incapacitate the subject

Stinger Round Injury

Pepperball Injury

Stinger Round Injury87

Types of Blunt Trauma Injuries

bull Abrasions - Skimming the surface skin area

bull Contusions - Injury to the brain

bull Lacerations - Partially hitting the skin surface from the side cutting the surface

88

Continued Blunt Trauma Injuriesbull Fractures - Primary injury when

munition strikes target are directly

bull Secondary injury when munitions strikes target area and causes the body to fall striking another surface indirectly

bull Concussion - Glancing blows or missed target or Falling or collapsing of the subject 89

Penetration Traumabull The unintended and most

undesirable outcome of an SIMS is penetration

bull SIMrsquos can cause Death or serious bodily injury

90

PenetrationPuncture ndash Entering the body

at arsquo90 degree angle breaking

thesurface of the skin

91

Target Areas

Unable to use a striking color baton chart

because the chart was used to identify areas of the body for impact and

injuries for striking a human which is MUCH less

force then deploying Specially Impact

Munitions92

Meat amp Muscle Areas

bull Primary target areas that when striking the human body will cause mild to intense pain with NO LONG LASTING INJURY

93

Primary Target Area ndash the target area

consisting of large muscle groupsbull Buttocks bull Thigh amp Calvesbull Lower Abdominal Areabull BicepsTricepsbull Forearm area

94

Meat amp Bone Areasbull Secondary target areas that when striking the human body will cause mild to intense pain with MINOR to LONG LASTING INJURY

95

Secondary target areas are skeletal areas ndash

preferred - may result in fractures

bull Shoulderbull Kneesbull Anklesbull Wrists bull Elbows

96

Bone amp Sensitive Areasbull Last resort target areas that when

striking the human body will cause intense pain with long lasting injury which MAY RESULT IN SERIOUS BODILY HARM WHICH MAY RESULT IN DEATH

97

Last Resort Target Area ndash the target area when

maximum effectiveness is desired to meet a level of

threat escalating to deadly force justification

bull Head amp Throatbull Chest (center mass)bull Solar plexusbull Groinbull Spinebull Lower back

98

99

100

Clothing

1 In colder climates where heavier clothing and jackets are worn rounds with higher energy capabilities will be required

2 In a case where the subject is lightly dressed pay close attention to munitions selection shot placement and engagement distance

3 In detention facilities and during civil disturbances the subjects may pad themselves in order to defeat the effects of SIM

101

Physical Stature and Condition ndash Is the subject heavy musculature or thin and skeletal age

1 250-pound muscular individual will more than likely be physiologically effected less than a 100-pound individual when both are struck in the sametarget area by SIM

2 The blunt trauma effects and the potential for penetration are much greater for the smallerperson 102

37MM Foam Baton-15 feet=WHOHOW12 ga Rubber Pellets HV- 22 feet= WHOHOW40MM Bean Bag-34 feet=WHOHOW

213

90 to 140 lbs 131 to 185 lbs 186 to 220 lbs (220 to 350+)

103

Immediate Surroundings 1Is there any person in the immediate area who

maybe at risk of a deflected or missed shot

2Identify your target backstop and beyond

104

Chapter 7

Intervention Options

THE FORCE CONTINUUM ndash WHEN TO USE SIMrsquos

bull Ladder of Forcebull Force Continuumbull Circle of Forcebull Force Modularbull Escalation of Force

106

107

OFFICER PRESENCE

bull Uniform Badge bull Dedicated Weapon Displayed

bull On a Slingbull Port Arms bull Ready Carry Position

108

Presence

109

Verbal Commands

bull Please stand over there bull Please sit down on the chairbull Stop put your hands downbull Ending with ldquoDo it nowrdquobull Professional Tone amp Attitude

110

NON-Verbal

111

Verbalization

112

SOFT PHYSICAL TECHNIQUES

bull Slight touching or guiding contact

bull Cupping an elbow to escort Lightly grabbing an arm or shoulder

bull AIMING WEAPON113

Aiming WeaponFinger OFF

Trigger

114

HARD PHYSICAL TECHNIQUES

bull Limb Control Techniquesbull Takedown Ground Stabilizationbull Dynamic Countermeasuresbull Impact Techniquesbull Electrical Devicesbull Hand held impact weapons bull Specialty Impact Munitions

115

Firing the Weapon116

DEADLY FORCE

bull Impact Weaponsbull SIM ndash Changing Aiming Point

bull Neck Restraintbull Firearm

117

Transitioning to

firearm

118

Chapter 8

Documentation

Documentationbull Collect all munitions expended and photographed when practical

ndashEvery CasingndashMark Misfired or Damaged rounds 120

Documentation

bull An inventory of munitions used and not used should be noted

ndashWhat was issued and went out

ndashWhat was fired and misfiredndashWhat was lost and not recovered 121

Documentation

bull A report should be written detailing the order in which the events occurred and the police actions that were required

122

Documentation

bull Report the effectiveness of the various types of SIMrsquos and their delivery systems

ndashWhat did I fire that didnrsquot

ndashWhat did I fire that did123

Documentationbull Document any injuries sustained and property damage incurred

ndashInjuries to SubjectndashOfficersndashBystanders

124

Documentationbull After the crowd has dispersed it

is necessary to move rapidly into the target area to remove lingering groups and to prevent the crowd from regrouping and continuing illegal activity

ndashFollow ThroughndashSecuring the Area

125

LIABILITY ISSUES

The court will decide whether the actions of the officers were

(1)Consistent with the limits set forth by the constitution federal and state laws

(2)Consistent with departmental policy and procedures

(3)Consistent with training the officer received to handle such situations

126

5 Important Questions to ASK

bull What was the distance angle and elevation

bull What was the construction of the round used

bull What was the size of the subjectbull What was the expected point of impactbull What was the training of the shooter

127

Questions the Court will ASK

(1) Look at the conduct of other officers who were present andor participated in the actions

(2) The conduct of supervisors who may have authorized the actions of officers

128

Questions the Court will ASK

(1) Were the actions of the officers consistent with their training

(2) Was the training adequate and acceptable by contemporary standards

If the officers were not trained does it amountto deliberate indifference on the part of the

agency 129

Was the actions of the officer

bull A trained techniquebull Was it a dynamic application of

the trained techniquebull Was it an untrained technique

justified under the circumstances

130

Case Law

Know your laws

Graham v Connor 490 US 386 (1989)

a The US Supreme Court case that defined the standard under which excessive force claims would be judged

(1) The standard established was that of objective reasonableness(2) Prior to this the standard was police behavior that shocks the conscienceldquo

bIn this case the court redefined and set forth a less subjective standard

132Copyrighted by Dave Young

1990

City of Canton v Harris 489 US 378 109 S Ct 1197 (1989)

a In this case a woman was arrested and did not receive necessary medical attention after a shift commander was made aware of her condition and decided she did not need medical attention

b Although on the face the City of Canton policy addressed medical issues they were grossly negligent in that they did not provide the shift commanders with the proper training to make such decisions 133

Copyrighted by Dave Young 1990

City of Canton v Harris 489 US 378 109 S Ct 1197 (1989)

c There were many issues that emerged from this case however the primary issue was that of failure to train on the part of the city That negligence amounted to being deliberately in different to the rights of the plaintiff

The implications of Canton v Harris can also go beyond training issues however the burden of proving the Standard of deliberate indifference is on the plaintiff and not easy to prove

d Court Recommendation The duties that officers are assigned to perform must be accompanied with adequate training to perform that function

134Copyrighted by Dave Young

1990

ONeal v DeKalb County GA 850 F2d 653 (11th Cir 1988)

a A mental subject stabbed 7 people before being confronted by the police After repeatedly ordering the subject to drop the knife and lay on the floor the subject rushed the officers and was shot to death

b The court ruled that the use of deadly force instead of non-lethal force against a knife wielding suspect was not malicious or unreasonable therefore not actionable by the plaintiffs

135Copyrighted by Dave Young

1990

Plakas v Drinski 19 F3rd 1143 (7th Cir 1994) cert Denied 115 S Ct 81 (1994)

This case involved the shooting of a suspect who was

wielding a fire poker When the officer attempted to

arrest him he charged the officer with the fire poker and

was shot by police

(1)Plaintiffs who sued on behalf of the deceased claimed the officer did not use other means of force available to him at that time listing disabling chemical spray a police dog and distance

136Copyrighted by Dave Young

1990

Plakas v Drinski 19 F3rd 1143 (7th Cir 1994) cert Denied 115 SCt 81 (1994)

(2) The court stated ldquothat to permit every jury in this type of case to hear expert testimony that the defendant would have been uninjured if only the police had been able to use disabling gas or a capture net or a electrical device

(a)A municipality is liable because it failed to buy this equipment

(b)The Constitution does not enact a police administratorrsquos

equipment listlsquordquo

(c) The court ruled that there is no legal precedent that requires an officer to utilize alternatives to deadly force

137Copyrighted by Dave Young

1990

Davis v Mason County 927 F2d 1473 (9th Cir 1991)

aThe court ruled that the department had adequate training on the technical components of the use of force but did not have adequate training on the constitutional limits of the use of force in effecting arrests

138Copyrighted by Dave Young

1990

Davis v Mason County 927 F2d 1473 (9th Cir 1991)

b In other words the officers were trained on the how but not on the why and when the force is appropriate

c Court Recommendation Training should include confrontational scenarios of situations that require decision making then articulation by the officer as to the justification for the force used or not used

139Copyrighted by Dave Young

1990

Quezada v County of Bernalillo 944 F2d 710 (10th Cir 1991)

a The court ruled that an officer might be held liable for putting himself in a situation that requires him to use deadly force against an armed suicidal person

b This case involved an officer who left a position of cover to confront a suicidal subject

140Copyrighted by Dave Young

1990

141

Dave YoungFounder amp Director

ARMA Training

Website wwwarmatrainingcom772-913-1615

copyrighted by Dave Young 1994

Primary vs Secondary Injury

Primary Injury

bull An injury directly caused by the use of force tool use

80

Secondary Injurybull An injury indirectly caused by

the use of force tool use

bull Either from resistance from subject or another officer and or environmental surroundings

81

Flight of a projectile

bull Once leaving barrel seeks equal weight distribution ndash Pan Cakes Saucer Spin

bull Head Wind ndash Round May Dive or Risebull Tail Wind ndash Round may Float or Cork

Screwbull Cross Wind ndash ldquoJrdquo Turn

82

Projectile CalculationWhen the distance of the target

INCREASES it effects

Velocity + Accuracy + Impact = Injury

83

Projectile CalculationWhen the distance of the target

DECREASES it effects

Velocity + Accuracy + Impact = Injury

84

Chapter 6

Target areas when using SIM

Blunt Trauma vs

Penetration Trauma

Blunt Traumabull The MAXIMUM desired effect of an impact munitions is

BLUNT TRAUMA - an impact from an object that leaves the body surface intact but may cause sufficient (non-life threatening) injury to distract control or incapacitate the subject

Stinger Round Injury

Pepperball Injury

Stinger Round Injury87

Types of Blunt Trauma Injuries

bull Abrasions - Skimming the surface skin area

bull Contusions - Injury to the brain

bull Lacerations - Partially hitting the skin surface from the side cutting the surface

88

Continued Blunt Trauma Injuriesbull Fractures - Primary injury when

munition strikes target are directly

bull Secondary injury when munitions strikes target area and causes the body to fall striking another surface indirectly

bull Concussion - Glancing blows or missed target or Falling or collapsing of the subject 89

Penetration Traumabull The unintended and most

undesirable outcome of an SIMS is penetration

bull SIMrsquos can cause Death or serious bodily injury

90

PenetrationPuncture ndash Entering the body

at arsquo90 degree angle breaking

thesurface of the skin

91

Target Areas

Unable to use a striking color baton chart

because the chart was used to identify areas of the body for impact and

injuries for striking a human which is MUCH less

force then deploying Specially Impact

Munitions92

Meat amp Muscle Areas

bull Primary target areas that when striking the human body will cause mild to intense pain with NO LONG LASTING INJURY

93

Primary Target Area ndash the target area

consisting of large muscle groupsbull Buttocks bull Thigh amp Calvesbull Lower Abdominal Areabull BicepsTricepsbull Forearm area

94

Meat amp Bone Areasbull Secondary target areas that when striking the human body will cause mild to intense pain with MINOR to LONG LASTING INJURY

95

Secondary target areas are skeletal areas ndash

preferred - may result in fractures

bull Shoulderbull Kneesbull Anklesbull Wrists bull Elbows

96

Bone amp Sensitive Areasbull Last resort target areas that when

striking the human body will cause intense pain with long lasting injury which MAY RESULT IN SERIOUS BODILY HARM WHICH MAY RESULT IN DEATH

97

Last Resort Target Area ndash the target area when

maximum effectiveness is desired to meet a level of

threat escalating to deadly force justification

bull Head amp Throatbull Chest (center mass)bull Solar plexusbull Groinbull Spinebull Lower back

98

99

100

Clothing

1 In colder climates where heavier clothing and jackets are worn rounds with higher energy capabilities will be required

2 In a case where the subject is lightly dressed pay close attention to munitions selection shot placement and engagement distance

3 In detention facilities and during civil disturbances the subjects may pad themselves in order to defeat the effects of SIM

101

Physical Stature and Condition ndash Is the subject heavy musculature or thin and skeletal age

1 250-pound muscular individual will more than likely be physiologically effected less than a 100-pound individual when both are struck in the sametarget area by SIM

2 The blunt trauma effects and the potential for penetration are much greater for the smallerperson 102

37MM Foam Baton-15 feet=WHOHOW12 ga Rubber Pellets HV- 22 feet= WHOHOW40MM Bean Bag-34 feet=WHOHOW

213

90 to 140 lbs 131 to 185 lbs 186 to 220 lbs (220 to 350+)

103

Immediate Surroundings 1Is there any person in the immediate area who

maybe at risk of a deflected or missed shot

2Identify your target backstop and beyond

104

Chapter 7

Intervention Options

THE FORCE CONTINUUM ndash WHEN TO USE SIMrsquos

bull Ladder of Forcebull Force Continuumbull Circle of Forcebull Force Modularbull Escalation of Force

106

107

OFFICER PRESENCE

bull Uniform Badge bull Dedicated Weapon Displayed

bull On a Slingbull Port Arms bull Ready Carry Position

108

Presence

109

Verbal Commands

bull Please stand over there bull Please sit down on the chairbull Stop put your hands downbull Ending with ldquoDo it nowrdquobull Professional Tone amp Attitude

110

NON-Verbal

111

Verbalization

112

SOFT PHYSICAL TECHNIQUES

bull Slight touching or guiding contact

bull Cupping an elbow to escort Lightly grabbing an arm or shoulder

bull AIMING WEAPON113

Aiming WeaponFinger OFF

Trigger

114

HARD PHYSICAL TECHNIQUES

bull Limb Control Techniquesbull Takedown Ground Stabilizationbull Dynamic Countermeasuresbull Impact Techniquesbull Electrical Devicesbull Hand held impact weapons bull Specialty Impact Munitions

115

Firing the Weapon116

DEADLY FORCE

bull Impact Weaponsbull SIM ndash Changing Aiming Point

bull Neck Restraintbull Firearm

117

Transitioning to

firearm

118

Chapter 8

Documentation

Documentationbull Collect all munitions expended and photographed when practical

ndashEvery CasingndashMark Misfired or Damaged rounds 120

Documentation

bull An inventory of munitions used and not used should be noted

ndashWhat was issued and went out

ndashWhat was fired and misfiredndashWhat was lost and not recovered 121

Documentation

bull A report should be written detailing the order in which the events occurred and the police actions that were required

122

Documentation

bull Report the effectiveness of the various types of SIMrsquos and their delivery systems

ndashWhat did I fire that didnrsquot

ndashWhat did I fire that did123

Documentationbull Document any injuries sustained and property damage incurred

ndashInjuries to SubjectndashOfficersndashBystanders

124

Documentationbull After the crowd has dispersed it

is necessary to move rapidly into the target area to remove lingering groups and to prevent the crowd from regrouping and continuing illegal activity

ndashFollow ThroughndashSecuring the Area

125

LIABILITY ISSUES

The court will decide whether the actions of the officers were

(1)Consistent with the limits set forth by the constitution federal and state laws

(2)Consistent with departmental policy and procedures

(3)Consistent with training the officer received to handle such situations

126

5 Important Questions to ASK

bull What was the distance angle and elevation

bull What was the construction of the round used

bull What was the size of the subjectbull What was the expected point of impactbull What was the training of the shooter

127

Questions the Court will ASK

(1) Look at the conduct of other officers who were present andor participated in the actions

(2) The conduct of supervisors who may have authorized the actions of officers

128

Questions the Court will ASK

(1) Were the actions of the officers consistent with their training

(2) Was the training adequate and acceptable by contemporary standards

If the officers were not trained does it amountto deliberate indifference on the part of the

agency 129

Was the actions of the officer

bull A trained techniquebull Was it a dynamic application of

the trained techniquebull Was it an untrained technique

justified under the circumstances

130

Case Law

Know your laws

Graham v Connor 490 US 386 (1989)

a The US Supreme Court case that defined the standard under which excessive force claims would be judged

(1) The standard established was that of objective reasonableness(2) Prior to this the standard was police behavior that shocks the conscienceldquo

bIn this case the court redefined and set forth a less subjective standard

132Copyrighted by Dave Young

1990

City of Canton v Harris 489 US 378 109 S Ct 1197 (1989)

a In this case a woman was arrested and did not receive necessary medical attention after a shift commander was made aware of her condition and decided she did not need medical attention

b Although on the face the City of Canton policy addressed medical issues they were grossly negligent in that they did not provide the shift commanders with the proper training to make such decisions 133

Copyrighted by Dave Young 1990

City of Canton v Harris 489 US 378 109 S Ct 1197 (1989)

c There were many issues that emerged from this case however the primary issue was that of failure to train on the part of the city That negligence amounted to being deliberately in different to the rights of the plaintiff

The implications of Canton v Harris can also go beyond training issues however the burden of proving the Standard of deliberate indifference is on the plaintiff and not easy to prove

d Court Recommendation The duties that officers are assigned to perform must be accompanied with adequate training to perform that function

134Copyrighted by Dave Young

1990

ONeal v DeKalb County GA 850 F2d 653 (11th Cir 1988)

a A mental subject stabbed 7 people before being confronted by the police After repeatedly ordering the subject to drop the knife and lay on the floor the subject rushed the officers and was shot to death

b The court ruled that the use of deadly force instead of non-lethal force against a knife wielding suspect was not malicious or unreasonable therefore not actionable by the plaintiffs

135Copyrighted by Dave Young

1990

Plakas v Drinski 19 F3rd 1143 (7th Cir 1994) cert Denied 115 S Ct 81 (1994)

This case involved the shooting of a suspect who was

wielding a fire poker When the officer attempted to

arrest him he charged the officer with the fire poker and

was shot by police

(1)Plaintiffs who sued on behalf of the deceased claimed the officer did not use other means of force available to him at that time listing disabling chemical spray a police dog and distance

136Copyrighted by Dave Young

1990

Plakas v Drinski 19 F3rd 1143 (7th Cir 1994) cert Denied 115 SCt 81 (1994)

(2) The court stated ldquothat to permit every jury in this type of case to hear expert testimony that the defendant would have been uninjured if only the police had been able to use disabling gas or a capture net or a electrical device

(a)A municipality is liable because it failed to buy this equipment

(b)The Constitution does not enact a police administratorrsquos

equipment listlsquordquo

(c) The court ruled that there is no legal precedent that requires an officer to utilize alternatives to deadly force

137Copyrighted by Dave Young

1990

Davis v Mason County 927 F2d 1473 (9th Cir 1991)

aThe court ruled that the department had adequate training on the technical components of the use of force but did not have adequate training on the constitutional limits of the use of force in effecting arrests

138Copyrighted by Dave Young

1990

Davis v Mason County 927 F2d 1473 (9th Cir 1991)

b In other words the officers were trained on the how but not on the why and when the force is appropriate

c Court Recommendation Training should include confrontational scenarios of situations that require decision making then articulation by the officer as to the justification for the force used or not used

139Copyrighted by Dave Young

1990

Quezada v County of Bernalillo 944 F2d 710 (10th Cir 1991)

a The court ruled that an officer might be held liable for putting himself in a situation that requires him to use deadly force against an armed suicidal person

b This case involved an officer who left a position of cover to confront a suicidal subject

140Copyrighted by Dave Young

1990

141

Dave YoungFounder amp Director

ARMA Training

Website wwwarmatrainingcom772-913-1615

copyrighted by Dave Young 1994

Primary Injury

bull An injury directly caused by the use of force tool use

80

Secondary Injurybull An injury indirectly caused by

the use of force tool use

bull Either from resistance from subject or another officer and or environmental surroundings

81

Flight of a projectile

bull Once leaving barrel seeks equal weight distribution ndash Pan Cakes Saucer Spin

bull Head Wind ndash Round May Dive or Risebull Tail Wind ndash Round may Float or Cork

Screwbull Cross Wind ndash ldquoJrdquo Turn

82

Projectile CalculationWhen the distance of the target

INCREASES it effects

Velocity + Accuracy + Impact = Injury

83

Projectile CalculationWhen the distance of the target

DECREASES it effects

Velocity + Accuracy + Impact = Injury

84

Chapter 6

Target areas when using SIM

Blunt Trauma vs

Penetration Trauma

Blunt Traumabull The MAXIMUM desired effect of an impact munitions is

BLUNT TRAUMA - an impact from an object that leaves the body surface intact but may cause sufficient (non-life threatening) injury to distract control or incapacitate the subject

Stinger Round Injury

Pepperball Injury

Stinger Round Injury87

Types of Blunt Trauma Injuries

bull Abrasions - Skimming the surface skin area

bull Contusions - Injury to the brain

bull Lacerations - Partially hitting the skin surface from the side cutting the surface

88

Continued Blunt Trauma Injuriesbull Fractures - Primary injury when

munition strikes target are directly

bull Secondary injury when munitions strikes target area and causes the body to fall striking another surface indirectly

bull Concussion - Glancing blows or missed target or Falling or collapsing of the subject 89

Penetration Traumabull The unintended and most

undesirable outcome of an SIMS is penetration

bull SIMrsquos can cause Death or serious bodily injury

90

PenetrationPuncture ndash Entering the body

at arsquo90 degree angle breaking

thesurface of the skin

91

Target Areas

Unable to use a striking color baton chart

because the chart was used to identify areas of the body for impact and

injuries for striking a human which is MUCH less

force then deploying Specially Impact

Munitions92

Meat amp Muscle Areas

bull Primary target areas that when striking the human body will cause mild to intense pain with NO LONG LASTING INJURY

93

Primary Target Area ndash the target area

consisting of large muscle groupsbull Buttocks bull Thigh amp Calvesbull Lower Abdominal Areabull BicepsTricepsbull Forearm area

94

Meat amp Bone Areasbull Secondary target areas that when striking the human body will cause mild to intense pain with MINOR to LONG LASTING INJURY

95

Secondary target areas are skeletal areas ndash

preferred - may result in fractures

bull Shoulderbull Kneesbull Anklesbull Wrists bull Elbows

96

Bone amp Sensitive Areasbull Last resort target areas that when

striking the human body will cause intense pain with long lasting injury which MAY RESULT IN SERIOUS BODILY HARM WHICH MAY RESULT IN DEATH

97

Last Resort Target Area ndash the target area when

maximum effectiveness is desired to meet a level of

threat escalating to deadly force justification

bull Head amp Throatbull Chest (center mass)bull Solar plexusbull Groinbull Spinebull Lower back

98

99

100

Clothing

1 In colder climates where heavier clothing and jackets are worn rounds with higher energy capabilities will be required

2 In a case where the subject is lightly dressed pay close attention to munitions selection shot placement and engagement distance

3 In detention facilities and during civil disturbances the subjects may pad themselves in order to defeat the effects of SIM

101

Physical Stature and Condition ndash Is the subject heavy musculature or thin and skeletal age

1 250-pound muscular individual will more than likely be physiologically effected less than a 100-pound individual when both are struck in the sametarget area by SIM

2 The blunt trauma effects and the potential for penetration are much greater for the smallerperson 102

37MM Foam Baton-15 feet=WHOHOW12 ga Rubber Pellets HV- 22 feet= WHOHOW40MM Bean Bag-34 feet=WHOHOW

213

90 to 140 lbs 131 to 185 lbs 186 to 220 lbs (220 to 350+)

103

Immediate Surroundings 1Is there any person in the immediate area who

maybe at risk of a deflected or missed shot

2Identify your target backstop and beyond

104

Chapter 7

Intervention Options

THE FORCE CONTINUUM ndash WHEN TO USE SIMrsquos

bull Ladder of Forcebull Force Continuumbull Circle of Forcebull Force Modularbull Escalation of Force

106

107

OFFICER PRESENCE

bull Uniform Badge bull Dedicated Weapon Displayed

bull On a Slingbull Port Arms bull Ready Carry Position

108

Presence

109

Verbal Commands

bull Please stand over there bull Please sit down on the chairbull Stop put your hands downbull Ending with ldquoDo it nowrdquobull Professional Tone amp Attitude

110

NON-Verbal

111

Verbalization

112

SOFT PHYSICAL TECHNIQUES

bull Slight touching or guiding contact

bull Cupping an elbow to escort Lightly grabbing an arm or shoulder

bull AIMING WEAPON113

Aiming WeaponFinger OFF

Trigger

114

HARD PHYSICAL TECHNIQUES

bull Limb Control Techniquesbull Takedown Ground Stabilizationbull Dynamic Countermeasuresbull Impact Techniquesbull Electrical Devicesbull Hand held impact weapons bull Specialty Impact Munitions

115

Firing the Weapon116

DEADLY FORCE

bull Impact Weaponsbull SIM ndash Changing Aiming Point

bull Neck Restraintbull Firearm

117

Transitioning to

firearm

118

Chapter 8

Documentation

Documentationbull Collect all munitions expended and photographed when practical

ndashEvery CasingndashMark Misfired or Damaged rounds 120

Documentation

bull An inventory of munitions used and not used should be noted

ndashWhat was issued and went out

ndashWhat was fired and misfiredndashWhat was lost and not recovered 121

Documentation

bull A report should be written detailing the order in which the events occurred and the police actions that were required

122

Documentation

bull Report the effectiveness of the various types of SIMrsquos and their delivery systems

ndashWhat did I fire that didnrsquot

ndashWhat did I fire that did123

Documentationbull Document any injuries sustained and property damage incurred

ndashInjuries to SubjectndashOfficersndashBystanders

124

Documentationbull After the crowd has dispersed it

is necessary to move rapidly into the target area to remove lingering groups and to prevent the crowd from regrouping and continuing illegal activity

ndashFollow ThroughndashSecuring the Area

125

LIABILITY ISSUES

The court will decide whether the actions of the officers were

(1)Consistent with the limits set forth by the constitution federal and state laws

(2)Consistent with departmental policy and procedures

(3)Consistent with training the officer received to handle such situations

126

5 Important Questions to ASK

bull What was the distance angle and elevation

bull What was the construction of the round used

bull What was the size of the subjectbull What was the expected point of impactbull What was the training of the shooter

127

Questions the Court will ASK

(1) Look at the conduct of other officers who were present andor participated in the actions

(2) The conduct of supervisors who may have authorized the actions of officers

128

Questions the Court will ASK

(1) Were the actions of the officers consistent with their training

(2) Was the training adequate and acceptable by contemporary standards

If the officers were not trained does it amountto deliberate indifference on the part of the

agency 129

Was the actions of the officer

bull A trained techniquebull Was it a dynamic application of

the trained techniquebull Was it an untrained technique

justified under the circumstances

130

Case Law

Know your laws

Graham v Connor 490 US 386 (1989)

a The US Supreme Court case that defined the standard under which excessive force claims would be judged

(1) The standard established was that of objective reasonableness(2) Prior to this the standard was police behavior that shocks the conscienceldquo

bIn this case the court redefined and set forth a less subjective standard

132Copyrighted by Dave Young

1990

City of Canton v Harris 489 US 378 109 S Ct 1197 (1989)

a In this case a woman was arrested and did not receive necessary medical attention after a shift commander was made aware of her condition and decided she did not need medical attention

b Although on the face the City of Canton policy addressed medical issues they were grossly negligent in that they did not provide the shift commanders with the proper training to make such decisions 133

Copyrighted by Dave Young 1990

City of Canton v Harris 489 US 378 109 S Ct 1197 (1989)

c There were many issues that emerged from this case however the primary issue was that of failure to train on the part of the city That negligence amounted to being deliberately in different to the rights of the plaintiff

The implications of Canton v Harris can also go beyond training issues however the burden of proving the Standard of deliberate indifference is on the plaintiff and not easy to prove

d Court Recommendation The duties that officers are assigned to perform must be accompanied with adequate training to perform that function

134Copyrighted by Dave Young

1990

ONeal v DeKalb County GA 850 F2d 653 (11th Cir 1988)

a A mental subject stabbed 7 people before being confronted by the police After repeatedly ordering the subject to drop the knife and lay on the floor the subject rushed the officers and was shot to death

b The court ruled that the use of deadly force instead of non-lethal force against a knife wielding suspect was not malicious or unreasonable therefore not actionable by the plaintiffs

135Copyrighted by Dave Young

1990

Plakas v Drinski 19 F3rd 1143 (7th Cir 1994) cert Denied 115 S Ct 81 (1994)

This case involved the shooting of a suspect who was

wielding a fire poker When the officer attempted to

arrest him he charged the officer with the fire poker and

was shot by police

(1)Plaintiffs who sued on behalf of the deceased claimed the officer did not use other means of force available to him at that time listing disabling chemical spray a police dog and distance

136Copyrighted by Dave Young

1990

Plakas v Drinski 19 F3rd 1143 (7th Cir 1994) cert Denied 115 SCt 81 (1994)

(2) The court stated ldquothat to permit every jury in this type of case to hear expert testimony that the defendant would have been uninjured if only the police had been able to use disabling gas or a capture net or a electrical device

(a)A municipality is liable because it failed to buy this equipment

(b)The Constitution does not enact a police administratorrsquos

equipment listlsquordquo

(c) The court ruled that there is no legal precedent that requires an officer to utilize alternatives to deadly force

137Copyrighted by Dave Young

1990

Davis v Mason County 927 F2d 1473 (9th Cir 1991)

aThe court ruled that the department had adequate training on the technical components of the use of force but did not have adequate training on the constitutional limits of the use of force in effecting arrests

138Copyrighted by Dave Young

1990

Davis v Mason County 927 F2d 1473 (9th Cir 1991)

b In other words the officers were trained on the how but not on the why and when the force is appropriate

c Court Recommendation Training should include confrontational scenarios of situations that require decision making then articulation by the officer as to the justification for the force used or not used

139Copyrighted by Dave Young

1990

Quezada v County of Bernalillo 944 F2d 710 (10th Cir 1991)

a The court ruled that an officer might be held liable for putting himself in a situation that requires him to use deadly force against an armed suicidal person

b This case involved an officer who left a position of cover to confront a suicidal subject

140Copyrighted by Dave Young

1990

141

Dave YoungFounder amp Director

ARMA Training

Website wwwarmatrainingcom772-913-1615

copyrighted by Dave Young 1994

Secondary Injurybull An injury indirectly caused by

the use of force tool use

bull Either from resistance from subject or another officer and or environmental surroundings

81

Flight of a projectile

bull Once leaving barrel seeks equal weight distribution ndash Pan Cakes Saucer Spin

bull Head Wind ndash Round May Dive or Risebull Tail Wind ndash Round may Float or Cork

Screwbull Cross Wind ndash ldquoJrdquo Turn

82

Projectile CalculationWhen the distance of the target

INCREASES it effects

Velocity + Accuracy + Impact = Injury

83

Projectile CalculationWhen the distance of the target

DECREASES it effects

Velocity + Accuracy + Impact = Injury

84

Chapter 6

Target areas when using SIM

Blunt Trauma vs

Penetration Trauma

Blunt Traumabull The MAXIMUM desired effect of an impact munitions is

BLUNT TRAUMA - an impact from an object that leaves the body surface intact but may cause sufficient (non-life threatening) injury to distract control or incapacitate the subject

Stinger Round Injury

Pepperball Injury

Stinger Round Injury87

Types of Blunt Trauma Injuries

bull Abrasions - Skimming the surface skin area

bull Contusions - Injury to the brain

bull Lacerations - Partially hitting the skin surface from the side cutting the surface

88

Continued Blunt Trauma Injuriesbull Fractures - Primary injury when

munition strikes target are directly

bull Secondary injury when munitions strikes target area and causes the body to fall striking another surface indirectly

bull Concussion - Glancing blows or missed target or Falling or collapsing of the subject 89

Penetration Traumabull The unintended and most

undesirable outcome of an SIMS is penetration

bull SIMrsquos can cause Death or serious bodily injury

90

PenetrationPuncture ndash Entering the body

at arsquo90 degree angle breaking

thesurface of the skin

91

Target Areas

Unable to use a striking color baton chart

because the chart was used to identify areas of the body for impact and

injuries for striking a human which is MUCH less

force then deploying Specially Impact

Munitions92

Meat amp Muscle Areas

bull Primary target areas that when striking the human body will cause mild to intense pain with NO LONG LASTING INJURY

93

Primary Target Area ndash the target area

consisting of large muscle groupsbull Buttocks bull Thigh amp Calvesbull Lower Abdominal Areabull BicepsTricepsbull Forearm area

94

Meat amp Bone Areasbull Secondary target areas that when striking the human body will cause mild to intense pain with MINOR to LONG LASTING INJURY

95

Secondary target areas are skeletal areas ndash

preferred - may result in fractures

bull Shoulderbull Kneesbull Anklesbull Wrists bull Elbows

96

Bone amp Sensitive Areasbull Last resort target areas that when

striking the human body will cause intense pain with long lasting injury which MAY RESULT IN SERIOUS BODILY HARM WHICH MAY RESULT IN DEATH

97

Last Resort Target Area ndash the target area when

maximum effectiveness is desired to meet a level of

threat escalating to deadly force justification

bull Head amp Throatbull Chest (center mass)bull Solar plexusbull Groinbull Spinebull Lower back

98

99

100

Clothing

1 In colder climates where heavier clothing and jackets are worn rounds with higher energy capabilities will be required

2 In a case where the subject is lightly dressed pay close attention to munitions selection shot placement and engagement distance

3 In detention facilities and during civil disturbances the subjects may pad themselves in order to defeat the effects of SIM

101

Physical Stature and Condition ndash Is the subject heavy musculature or thin and skeletal age

1 250-pound muscular individual will more than likely be physiologically effected less than a 100-pound individual when both are struck in the sametarget area by SIM

2 The blunt trauma effects and the potential for penetration are much greater for the smallerperson 102

37MM Foam Baton-15 feet=WHOHOW12 ga Rubber Pellets HV- 22 feet= WHOHOW40MM Bean Bag-34 feet=WHOHOW

213

90 to 140 lbs 131 to 185 lbs 186 to 220 lbs (220 to 350+)

103

Immediate Surroundings 1Is there any person in the immediate area who

maybe at risk of a deflected or missed shot

2Identify your target backstop and beyond

104

Chapter 7

Intervention Options

THE FORCE CONTINUUM ndash WHEN TO USE SIMrsquos

bull Ladder of Forcebull Force Continuumbull Circle of Forcebull Force Modularbull Escalation of Force

106

107

OFFICER PRESENCE

bull Uniform Badge bull Dedicated Weapon Displayed

bull On a Slingbull Port Arms bull Ready Carry Position

108

Presence

109

Verbal Commands

bull Please stand over there bull Please sit down on the chairbull Stop put your hands downbull Ending with ldquoDo it nowrdquobull Professional Tone amp Attitude

110

NON-Verbal

111

Verbalization

112

SOFT PHYSICAL TECHNIQUES

bull Slight touching or guiding contact

bull Cupping an elbow to escort Lightly grabbing an arm or shoulder

bull AIMING WEAPON113

Aiming WeaponFinger OFF

Trigger

114

HARD PHYSICAL TECHNIQUES

bull Limb Control Techniquesbull Takedown Ground Stabilizationbull Dynamic Countermeasuresbull Impact Techniquesbull Electrical Devicesbull Hand held impact weapons bull Specialty Impact Munitions

115

Firing the Weapon116

DEADLY FORCE

bull Impact Weaponsbull SIM ndash Changing Aiming Point

bull Neck Restraintbull Firearm

117

Transitioning to

firearm

118

Chapter 8

Documentation

Documentationbull Collect all munitions expended and photographed when practical

ndashEvery CasingndashMark Misfired or Damaged rounds 120

Documentation

bull An inventory of munitions used and not used should be noted

ndashWhat was issued and went out

ndashWhat was fired and misfiredndashWhat was lost and not recovered 121

Documentation

bull A report should be written detailing the order in which the events occurred and the police actions that were required

122

Documentation

bull Report the effectiveness of the various types of SIMrsquos and their delivery systems

ndashWhat did I fire that didnrsquot

ndashWhat did I fire that did123

Documentationbull Document any injuries sustained and property damage incurred

ndashInjuries to SubjectndashOfficersndashBystanders

124

Documentationbull After the crowd has dispersed it

is necessary to move rapidly into the target area to remove lingering groups and to prevent the crowd from regrouping and continuing illegal activity

ndashFollow ThroughndashSecuring the Area

125

LIABILITY ISSUES

The court will decide whether the actions of the officers were

(1)Consistent with the limits set forth by the constitution federal and state laws

(2)Consistent with departmental policy and procedures

(3)Consistent with training the officer received to handle such situations

126

5 Important Questions to ASK

bull What was the distance angle and elevation

bull What was the construction of the round used

bull What was the size of the subjectbull What was the expected point of impactbull What was the training of the shooter

127

Questions the Court will ASK

(1) Look at the conduct of other officers who were present andor participated in the actions

(2) The conduct of supervisors who may have authorized the actions of officers

128

Questions the Court will ASK

(1) Were the actions of the officers consistent with their training

(2) Was the training adequate and acceptable by contemporary standards

If the officers were not trained does it amountto deliberate indifference on the part of the

agency 129

Was the actions of the officer

bull A trained techniquebull Was it a dynamic application of

the trained techniquebull Was it an untrained technique

justified under the circumstances

130

Case Law

Know your laws

Graham v Connor 490 US 386 (1989)

a The US Supreme Court case that defined the standard under which excessive force claims would be judged

(1) The standard established was that of objective reasonableness(2) Prior to this the standard was police behavior that shocks the conscienceldquo

bIn this case the court redefined and set forth a less subjective standard

132Copyrighted by Dave Young

1990

City of Canton v Harris 489 US 378 109 S Ct 1197 (1989)

a In this case a woman was arrested and did not receive necessary medical attention after a shift commander was made aware of her condition and decided she did not need medical attention

b Although on the face the City of Canton policy addressed medical issues they were grossly negligent in that they did not provide the shift commanders with the proper training to make such decisions 133

Copyrighted by Dave Young 1990

City of Canton v Harris 489 US 378 109 S Ct 1197 (1989)

c There were many issues that emerged from this case however the primary issue was that of failure to train on the part of the city That negligence amounted to being deliberately in different to the rights of the plaintiff

The implications of Canton v Harris can also go beyond training issues however the burden of proving the Standard of deliberate indifference is on the plaintiff and not easy to prove

d Court Recommendation The duties that officers are assigned to perform must be accompanied with adequate training to perform that function

134Copyrighted by Dave Young

1990

ONeal v DeKalb County GA 850 F2d 653 (11th Cir 1988)

a A mental subject stabbed 7 people before being confronted by the police After repeatedly ordering the subject to drop the knife and lay on the floor the subject rushed the officers and was shot to death

b The court ruled that the use of deadly force instead of non-lethal force against a knife wielding suspect was not malicious or unreasonable therefore not actionable by the plaintiffs

135Copyrighted by Dave Young

1990

Plakas v Drinski 19 F3rd 1143 (7th Cir 1994) cert Denied 115 S Ct 81 (1994)

This case involved the shooting of a suspect who was

wielding a fire poker When the officer attempted to

arrest him he charged the officer with the fire poker and

was shot by police

(1)Plaintiffs who sued on behalf of the deceased claimed the officer did not use other means of force available to him at that time listing disabling chemical spray a police dog and distance

136Copyrighted by Dave Young

1990

Plakas v Drinski 19 F3rd 1143 (7th Cir 1994) cert Denied 115 SCt 81 (1994)

(2) The court stated ldquothat to permit every jury in this type of case to hear expert testimony that the defendant would have been uninjured if only the police had been able to use disabling gas or a capture net or a electrical device

(a)A municipality is liable because it failed to buy this equipment

(b)The Constitution does not enact a police administratorrsquos

equipment listlsquordquo

(c) The court ruled that there is no legal precedent that requires an officer to utilize alternatives to deadly force

137Copyrighted by Dave Young

1990

Davis v Mason County 927 F2d 1473 (9th Cir 1991)

aThe court ruled that the department had adequate training on the technical components of the use of force but did not have adequate training on the constitutional limits of the use of force in effecting arrests

138Copyrighted by Dave Young

1990

Davis v Mason County 927 F2d 1473 (9th Cir 1991)

b In other words the officers were trained on the how but not on the why and when the force is appropriate

c Court Recommendation Training should include confrontational scenarios of situations that require decision making then articulation by the officer as to the justification for the force used or not used

139Copyrighted by Dave Young

1990

Quezada v County of Bernalillo 944 F2d 710 (10th Cir 1991)

a The court ruled that an officer might be held liable for putting himself in a situation that requires him to use deadly force against an armed suicidal person

b This case involved an officer who left a position of cover to confront a suicidal subject

140Copyrighted by Dave Young

1990

141

Dave YoungFounder amp Director

ARMA Training

Website wwwarmatrainingcom772-913-1615

copyrighted by Dave Young 1994

Flight of a projectile

bull Once leaving barrel seeks equal weight distribution ndash Pan Cakes Saucer Spin

bull Head Wind ndash Round May Dive or Risebull Tail Wind ndash Round may Float or Cork

Screwbull Cross Wind ndash ldquoJrdquo Turn

82

Projectile CalculationWhen the distance of the target

INCREASES it effects

Velocity + Accuracy + Impact = Injury

83

Projectile CalculationWhen the distance of the target

DECREASES it effects

Velocity + Accuracy + Impact = Injury

84

Chapter 6

Target areas when using SIM

Blunt Trauma vs

Penetration Trauma

Blunt Traumabull The MAXIMUM desired effect of an impact munitions is

BLUNT TRAUMA - an impact from an object that leaves the body surface intact but may cause sufficient (non-life threatening) injury to distract control or incapacitate the subject

Stinger Round Injury

Pepperball Injury

Stinger Round Injury87

Types of Blunt Trauma Injuries

bull Abrasions - Skimming the surface skin area

bull Contusions - Injury to the brain

bull Lacerations - Partially hitting the skin surface from the side cutting the surface

88

Continued Blunt Trauma Injuriesbull Fractures - Primary injury when

munition strikes target are directly

bull Secondary injury when munitions strikes target area and causes the body to fall striking another surface indirectly

bull Concussion - Glancing blows or missed target or Falling or collapsing of the subject 89

Penetration Traumabull The unintended and most

undesirable outcome of an SIMS is penetration

bull SIMrsquos can cause Death or serious bodily injury

90

PenetrationPuncture ndash Entering the body

at arsquo90 degree angle breaking

thesurface of the skin

91

Target Areas

Unable to use a striking color baton chart

because the chart was used to identify areas of the body for impact and

injuries for striking a human which is MUCH less

force then deploying Specially Impact

Munitions92

Meat amp Muscle Areas

bull Primary target areas that when striking the human body will cause mild to intense pain with NO LONG LASTING INJURY

93

Primary Target Area ndash the target area

consisting of large muscle groupsbull Buttocks bull Thigh amp Calvesbull Lower Abdominal Areabull BicepsTricepsbull Forearm area

94

Meat amp Bone Areasbull Secondary target areas that when striking the human body will cause mild to intense pain with MINOR to LONG LASTING INJURY

95

Secondary target areas are skeletal areas ndash

preferred - may result in fractures

bull Shoulderbull Kneesbull Anklesbull Wrists bull Elbows

96

Bone amp Sensitive Areasbull Last resort target areas that when

striking the human body will cause intense pain with long lasting injury which MAY RESULT IN SERIOUS BODILY HARM WHICH MAY RESULT IN DEATH

97

Last Resort Target Area ndash the target area when

maximum effectiveness is desired to meet a level of

threat escalating to deadly force justification

bull Head amp Throatbull Chest (center mass)bull Solar plexusbull Groinbull Spinebull Lower back

98

99

100

Clothing

1 In colder climates where heavier clothing and jackets are worn rounds with higher energy capabilities will be required

2 In a case where the subject is lightly dressed pay close attention to munitions selection shot placement and engagement distance

3 In detention facilities and during civil disturbances the subjects may pad themselves in order to defeat the effects of SIM

101

Physical Stature and Condition ndash Is the subject heavy musculature or thin and skeletal age

1 250-pound muscular individual will more than likely be physiologically effected less than a 100-pound individual when both are struck in the sametarget area by SIM

2 The blunt trauma effects and the potential for penetration are much greater for the smallerperson 102

37MM Foam Baton-15 feet=WHOHOW12 ga Rubber Pellets HV- 22 feet= WHOHOW40MM Bean Bag-34 feet=WHOHOW

213

90 to 140 lbs 131 to 185 lbs 186 to 220 lbs (220 to 350+)

103

Immediate Surroundings 1Is there any person in the immediate area who

maybe at risk of a deflected or missed shot

2Identify your target backstop and beyond

104

Chapter 7

Intervention Options

THE FORCE CONTINUUM ndash WHEN TO USE SIMrsquos

bull Ladder of Forcebull Force Continuumbull Circle of Forcebull Force Modularbull Escalation of Force

106

107

OFFICER PRESENCE

bull Uniform Badge bull Dedicated Weapon Displayed

bull On a Slingbull Port Arms bull Ready Carry Position

108

Presence

109

Verbal Commands

bull Please stand over there bull Please sit down on the chairbull Stop put your hands downbull Ending with ldquoDo it nowrdquobull Professional Tone amp Attitude

110

NON-Verbal

111

Verbalization

112

SOFT PHYSICAL TECHNIQUES

bull Slight touching or guiding contact

bull Cupping an elbow to escort Lightly grabbing an arm or shoulder

bull AIMING WEAPON113

Aiming WeaponFinger OFF

Trigger

114

HARD PHYSICAL TECHNIQUES

bull Limb Control Techniquesbull Takedown Ground Stabilizationbull Dynamic Countermeasuresbull Impact Techniquesbull Electrical Devicesbull Hand held impact weapons bull Specialty Impact Munitions

115

Firing the Weapon116

DEADLY FORCE

bull Impact Weaponsbull SIM ndash Changing Aiming Point

bull Neck Restraintbull Firearm

117

Transitioning to

firearm

118

Chapter 8

Documentation

Documentationbull Collect all munitions expended and photographed when practical

ndashEvery CasingndashMark Misfired or Damaged rounds 120

Documentation

bull An inventory of munitions used and not used should be noted

ndashWhat was issued and went out

ndashWhat was fired and misfiredndashWhat was lost and not recovered 121

Documentation

bull A report should be written detailing the order in which the events occurred and the police actions that were required

122

Documentation

bull Report the effectiveness of the various types of SIMrsquos and their delivery systems

ndashWhat did I fire that didnrsquot

ndashWhat did I fire that did123

Documentationbull Document any injuries sustained and property damage incurred

ndashInjuries to SubjectndashOfficersndashBystanders

124

Documentationbull After the crowd has dispersed it

is necessary to move rapidly into the target area to remove lingering groups and to prevent the crowd from regrouping and continuing illegal activity

ndashFollow ThroughndashSecuring the Area

125

LIABILITY ISSUES

The court will decide whether the actions of the officers were

(1)Consistent with the limits set forth by the constitution federal and state laws

(2)Consistent with departmental policy and procedures

(3)Consistent with training the officer received to handle such situations

126

5 Important Questions to ASK

bull What was the distance angle and elevation

bull What was the construction of the round used

bull What was the size of the subjectbull What was the expected point of impactbull What was the training of the shooter

127

Questions the Court will ASK

(1) Look at the conduct of other officers who were present andor participated in the actions

(2) The conduct of supervisors who may have authorized the actions of officers

128

Questions the Court will ASK

(1) Were the actions of the officers consistent with their training

(2) Was the training adequate and acceptable by contemporary standards

If the officers were not trained does it amountto deliberate indifference on the part of the

agency 129

Was the actions of the officer

bull A trained techniquebull Was it a dynamic application of

the trained techniquebull Was it an untrained technique

justified under the circumstances

130

Case Law

Know your laws

Graham v Connor 490 US 386 (1989)

a The US Supreme Court case that defined the standard under which excessive force claims would be judged

(1) The standard established was that of objective reasonableness(2) Prior to this the standard was police behavior that shocks the conscienceldquo

bIn this case the court redefined and set forth a less subjective standard

132Copyrighted by Dave Young

1990

City of Canton v Harris 489 US 378 109 S Ct 1197 (1989)

a In this case a woman was arrested and did not receive necessary medical attention after a shift commander was made aware of her condition and decided she did not need medical attention

b Although on the face the City of Canton policy addressed medical issues they were grossly negligent in that they did not provide the shift commanders with the proper training to make such decisions 133

Copyrighted by Dave Young 1990

City of Canton v Harris 489 US 378 109 S Ct 1197 (1989)

c There were many issues that emerged from this case however the primary issue was that of failure to train on the part of the city That negligence amounted to being deliberately in different to the rights of the plaintiff

The implications of Canton v Harris can also go beyond training issues however the burden of proving the Standard of deliberate indifference is on the plaintiff and not easy to prove

d Court Recommendation The duties that officers are assigned to perform must be accompanied with adequate training to perform that function

134Copyrighted by Dave Young

1990

ONeal v DeKalb County GA 850 F2d 653 (11th Cir 1988)

a A mental subject stabbed 7 people before being confronted by the police After repeatedly ordering the subject to drop the knife and lay on the floor the subject rushed the officers and was shot to death

b The court ruled that the use of deadly force instead of non-lethal force against a knife wielding suspect was not malicious or unreasonable therefore not actionable by the plaintiffs

135Copyrighted by Dave Young

1990

Plakas v Drinski 19 F3rd 1143 (7th Cir 1994) cert Denied 115 S Ct 81 (1994)

This case involved the shooting of a suspect who was

wielding a fire poker When the officer attempted to

arrest him he charged the officer with the fire poker and

was shot by police

(1)Plaintiffs who sued on behalf of the deceased claimed the officer did not use other means of force available to him at that time listing disabling chemical spray a police dog and distance

136Copyrighted by Dave Young

1990

Plakas v Drinski 19 F3rd 1143 (7th Cir 1994) cert Denied 115 SCt 81 (1994)

(2) The court stated ldquothat to permit every jury in this type of case to hear expert testimony that the defendant would have been uninjured if only the police had been able to use disabling gas or a capture net or a electrical device

(a)A municipality is liable because it failed to buy this equipment

(b)The Constitution does not enact a police administratorrsquos

equipment listlsquordquo

(c) The court ruled that there is no legal precedent that requires an officer to utilize alternatives to deadly force

137Copyrighted by Dave Young

1990

Davis v Mason County 927 F2d 1473 (9th Cir 1991)

aThe court ruled that the department had adequate training on the technical components of the use of force but did not have adequate training on the constitutional limits of the use of force in effecting arrests

138Copyrighted by Dave Young

1990

Davis v Mason County 927 F2d 1473 (9th Cir 1991)

b In other words the officers were trained on the how but not on the why and when the force is appropriate

c Court Recommendation Training should include confrontational scenarios of situations that require decision making then articulation by the officer as to the justification for the force used or not used

139Copyrighted by Dave Young

1990

Quezada v County of Bernalillo 944 F2d 710 (10th Cir 1991)

a The court ruled that an officer might be held liable for putting himself in a situation that requires him to use deadly force against an armed suicidal person

b This case involved an officer who left a position of cover to confront a suicidal subject

140Copyrighted by Dave Young

1990

141

Dave YoungFounder amp Director

ARMA Training

Website wwwarmatrainingcom772-913-1615

copyrighted by Dave Young 1994

Projectile CalculationWhen the distance of the target

INCREASES it effects

Velocity + Accuracy + Impact = Injury

83

Projectile CalculationWhen the distance of the target

DECREASES it effects

Velocity + Accuracy + Impact = Injury

84

Chapter 6

Target areas when using SIM

Blunt Trauma vs

Penetration Trauma

Blunt Traumabull The MAXIMUM desired effect of an impact munitions is

BLUNT TRAUMA - an impact from an object that leaves the body surface intact but may cause sufficient (non-life threatening) injury to distract control or incapacitate the subject

Stinger Round Injury

Pepperball Injury

Stinger Round Injury87

Types of Blunt Trauma Injuries

bull Abrasions - Skimming the surface skin area

bull Contusions - Injury to the brain

bull Lacerations - Partially hitting the skin surface from the side cutting the surface

88

Continued Blunt Trauma Injuriesbull Fractures - Primary injury when

munition strikes target are directly

bull Secondary injury when munitions strikes target area and causes the body to fall striking another surface indirectly

bull Concussion - Glancing blows or missed target or Falling or collapsing of the subject 89

Penetration Traumabull The unintended and most

undesirable outcome of an SIMS is penetration

bull SIMrsquos can cause Death or serious bodily injury

90

PenetrationPuncture ndash Entering the body

at arsquo90 degree angle breaking

thesurface of the skin

91

Target Areas

Unable to use a striking color baton chart

because the chart was used to identify areas of the body for impact and

injuries for striking a human which is MUCH less

force then deploying Specially Impact

Munitions92

Meat amp Muscle Areas

bull Primary target areas that when striking the human body will cause mild to intense pain with NO LONG LASTING INJURY

93

Primary Target Area ndash the target area

consisting of large muscle groupsbull Buttocks bull Thigh amp Calvesbull Lower Abdominal Areabull BicepsTricepsbull Forearm area

94

Meat amp Bone Areasbull Secondary target areas that when striking the human body will cause mild to intense pain with MINOR to LONG LASTING INJURY

95

Secondary target areas are skeletal areas ndash

preferred - may result in fractures

bull Shoulderbull Kneesbull Anklesbull Wrists bull Elbows

96

Bone amp Sensitive Areasbull Last resort target areas that when

striking the human body will cause intense pain with long lasting injury which MAY RESULT IN SERIOUS BODILY HARM WHICH MAY RESULT IN DEATH

97

Last Resort Target Area ndash the target area when

maximum effectiveness is desired to meet a level of

threat escalating to deadly force justification

bull Head amp Throatbull Chest (center mass)bull Solar plexusbull Groinbull Spinebull Lower back

98

99

100

Clothing

1 In colder climates where heavier clothing and jackets are worn rounds with higher energy capabilities will be required

2 In a case where the subject is lightly dressed pay close attention to munitions selection shot placement and engagement distance

3 In detention facilities and during civil disturbances the subjects may pad themselves in order to defeat the effects of SIM

101

Physical Stature and Condition ndash Is the subject heavy musculature or thin and skeletal age

1 250-pound muscular individual will more than likely be physiologically effected less than a 100-pound individual when both are struck in the sametarget area by SIM

2 The blunt trauma effects and the potential for penetration are much greater for the smallerperson 102

37MM Foam Baton-15 feet=WHOHOW12 ga Rubber Pellets HV- 22 feet= WHOHOW40MM Bean Bag-34 feet=WHOHOW

213

90 to 140 lbs 131 to 185 lbs 186 to 220 lbs (220 to 350+)

103

Immediate Surroundings 1Is there any person in the immediate area who

maybe at risk of a deflected or missed shot

2Identify your target backstop and beyond

104

Chapter 7

Intervention Options

THE FORCE CONTINUUM ndash WHEN TO USE SIMrsquos

bull Ladder of Forcebull Force Continuumbull Circle of Forcebull Force Modularbull Escalation of Force

106

107

OFFICER PRESENCE

bull Uniform Badge bull Dedicated Weapon Displayed

bull On a Slingbull Port Arms bull Ready Carry Position

108

Presence

109

Verbal Commands

bull Please stand over there bull Please sit down on the chairbull Stop put your hands downbull Ending with ldquoDo it nowrdquobull Professional Tone amp Attitude

110

NON-Verbal

111

Verbalization

112

SOFT PHYSICAL TECHNIQUES

bull Slight touching or guiding contact

bull Cupping an elbow to escort Lightly grabbing an arm or shoulder

bull AIMING WEAPON113

Aiming WeaponFinger OFF

Trigger

114

HARD PHYSICAL TECHNIQUES

bull Limb Control Techniquesbull Takedown Ground Stabilizationbull Dynamic Countermeasuresbull Impact Techniquesbull Electrical Devicesbull Hand held impact weapons bull Specialty Impact Munitions

115

Firing the Weapon116

DEADLY FORCE

bull Impact Weaponsbull SIM ndash Changing Aiming Point

bull Neck Restraintbull Firearm

117

Transitioning to

firearm

118

Chapter 8

Documentation

Documentationbull Collect all munitions expended and photographed when practical

ndashEvery CasingndashMark Misfired or Damaged rounds 120

Documentation

bull An inventory of munitions used and not used should be noted

ndashWhat was issued and went out

ndashWhat was fired and misfiredndashWhat was lost and not recovered 121

Documentation

bull A report should be written detailing the order in which the events occurred and the police actions that were required

122

Documentation

bull Report the effectiveness of the various types of SIMrsquos and their delivery systems

ndashWhat did I fire that didnrsquot

ndashWhat did I fire that did123

Documentationbull Document any injuries sustained and property damage incurred

ndashInjuries to SubjectndashOfficersndashBystanders

124

Documentationbull After the crowd has dispersed it

is necessary to move rapidly into the target area to remove lingering groups and to prevent the crowd from regrouping and continuing illegal activity

ndashFollow ThroughndashSecuring the Area

125

LIABILITY ISSUES

The court will decide whether the actions of the officers were

(1)Consistent with the limits set forth by the constitution federal and state laws

(2)Consistent with departmental policy and procedures

(3)Consistent with training the officer received to handle such situations

126

5 Important Questions to ASK

bull What was the distance angle and elevation

bull What was the construction of the round used

bull What was the size of the subjectbull What was the expected point of impactbull What was the training of the shooter

127

Questions the Court will ASK

(1) Look at the conduct of other officers who were present andor participated in the actions

(2) The conduct of supervisors who may have authorized the actions of officers

128

Questions the Court will ASK

(1) Were the actions of the officers consistent with their training

(2) Was the training adequate and acceptable by contemporary standards

If the officers were not trained does it amountto deliberate indifference on the part of the

agency 129

Was the actions of the officer

bull A trained techniquebull Was it a dynamic application of

the trained techniquebull Was it an untrained technique

justified under the circumstances

130

Case Law

Know your laws

Graham v Connor 490 US 386 (1989)

a The US Supreme Court case that defined the standard under which excessive force claims would be judged

(1) The standard established was that of objective reasonableness(2) Prior to this the standard was police behavior that shocks the conscienceldquo

bIn this case the court redefined and set forth a less subjective standard

132Copyrighted by Dave Young

1990

City of Canton v Harris 489 US 378 109 S Ct 1197 (1989)

a In this case a woman was arrested and did not receive necessary medical attention after a shift commander was made aware of her condition and decided she did not need medical attention

b Although on the face the City of Canton policy addressed medical issues they were grossly negligent in that they did not provide the shift commanders with the proper training to make such decisions 133

Copyrighted by Dave Young 1990

City of Canton v Harris 489 US 378 109 S Ct 1197 (1989)

c There were many issues that emerged from this case however the primary issue was that of failure to train on the part of the city That negligence amounted to being deliberately in different to the rights of the plaintiff

The implications of Canton v Harris can also go beyond training issues however the burden of proving the Standard of deliberate indifference is on the plaintiff and not easy to prove

d Court Recommendation The duties that officers are assigned to perform must be accompanied with adequate training to perform that function

134Copyrighted by Dave Young

1990

ONeal v DeKalb County GA 850 F2d 653 (11th Cir 1988)

a A mental subject stabbed 7 people before being confronted by the police After repeatedly ordering the subject to drop the knife and lay on the floor the subject rushed the officers and was shot to death

b The court ruled that the use of deadly force instead of non-lethal force against a knife wielding suspect was not malicious or unreasonable therefore not actionable by the plaintiffs

135Copyrighted by Dave Young

1990

Plakas v Drinski 19 F3rd 1143 (7th Cir 1994) cert Denied 115 S Ct 81 (1994)

This case involved the shooting of a suspect who was

wielding a fire poker When the officer attempted to

arrest him he charged the officer with the fire poker and

was shot by police

(1)Plaintiffs who sued on behalf of the deceased claimed the officer did not use other means of force available to him at that time listing disabling chemical spray a police dog and distance

136Copyrighted by Dave Young

1990

Plakas v Drinski 19 F3rd 1143 (7th Cir 1994) cert Denied 115 SCt 81 (1994)

(2) The court stated ldquothat to permit every jury in this type of case to hear expert testimony that the defendant would have been uninjured if only the police had been able to use disabling gas or a capture net or a electrical device

(a)A municipality is liable because it failed to buy this equipment

(b)The Constitution does not enact a police administratorrsquos

equipment listlsquordquo

(c) The court ruled that there is no legal precedent that requires an officer to utilize alternatives to deadly force

137Copyrighted by Dave Young

1990

Davis v Mason County 927 F2d 1473 (9th Cir 1991)

aThe court ruled that the department had adequate training on the technical components of the use of force but did not have adequate training on the constitutional limits of the use of force in effecting arrests

138Copyrighted by Dave Young

1990

Davis v Mason County 927 F2d 1473 (9th Cir 1991)

b In other words the officers were trained on the how but not on the why and when the force is appropriate

c Court Recommendation Training should include confrontational scenarios of situations that require decision making then articulation by the officer as to the justification for the force used or not used

139Copyrighted by Dave Young

1990

Quezada v County of Bernalillo 944 F2d 710 (10th Cir 1991)

a The court ruled that an officer might be held liable for putting himself in a situation that requires him to use deadly force against an armed suicidal person

b This case involved an officer who left a position of cover to confront a suicidal subject

140Copyrighted by Dave Young

1990

141

Dave YoungFounder amp Director

ARMA Training

Website wwwarmatrainingcom772-913-1615

copyrighted by Dave Young 1994

Projectile CalculationWhen the distance of the target

DECREASES it effects

Velocity + Accuracy + Impact = Injury

84

Chapter 6

Target areas when using SIM

Blunt Trauma vs

Penetration Trauma

Blunt Traumabull The MAXIMUM desired effect of an impact munitions is

BLUNT TRAUMA - an impact from an object that leaves the body surface intact but may cause sufficient (non-life threatening) injury to distract control or incapacitate the subject

Stinger Round Injury

Pepperball Injury

Stinger Round Injury87

Types of Blunt Trauma Injuries

bull Abrasions - Skimming the surface skin area

bull Contusions - Injury to the brain

bull Lacerations - Partially hitting the skin surface from the side cutting the surface

88

Continued Blunt Trauma Injuriesbull Fractures - Primary injury when

munition strikes target are directly

bull Secondary injury when munitions strikes target area and causes the body to fall striking another surface indirectly

bull Concussion - Glancing blows or missed target or Falling or collapsing of the subject 89

Penetration Traumabull The unintended and most

undesirable outcome of an SIMS is penetration

bull SIMrsquos can cause Death or serious bodily injury

90

PenetrationPuncture ndash Entering the body

at arsquo90 degree angle breaking

thesurface of the skin

91

Target Areas

Unable to use a striking color baton chart

because the chart was used to identify areas of the body for impact and

injuries for striking a human which is MUCH less

force then deploying Specially Impact

Munitions92

Meat amp Muscle Areas

bull Primary target areas that when striking the human body will cause mild to intense pain with NO LONG LASTING INJURY

93

Primary Target Area ndash the target area

consisting of large muscle groupsbull Buttocks bull Thigh amp Calvesbull Lower Abdominal Areabull BicepsTricepsbull Forearm area

94

Meat amp Bone Areasbull Secondary target areas that when striking the human body will cause mild to intense pain with MINOR to LONG LASTING INJURY

95

Secondary target areas are skeletal areas ndash

preferred - may result in fractures

bull Shoulderbull Kneesbull Anklesbull Wrists bull Elbows

96

Bone amp Sensitive Areasbull Last resort target areas that when

striking the human body will cause intense pain with long lasting injury which MAY RESULT IN SERIOUS BODILY HARM WHICH MAY RESULT IN DEATH

97

Last Resort Target Area ndash the target area when

maximum effectiveness is desired to meet a level of

threat escalating to deadly force justification

bull Head amp Throatbull Chest (center mass)bull Solar plexusbull Groinbull Spinebull Lower back

98

99

100

Clothing

1 In colder climates where heavier clothing and jackets are worn rounds with higher energy capabilities will be required

2 In a case where the subject is lightly dressed pay close attention to munitions selection shot placement and engagement distance

3 In detention facilities and during civil disturbances the subjects may pad themselves in order to defeat the effects of SIM

101

Physical Stature and Condition ndash Is the subject heavy musculature or thin and skeletal age

1 250-pound muscular individual will more than likely be physiologically effected less than a 100-pound individual when both are struck in the sametarget area by SIM

2 The blunt trauma effects and the potential for penetration are much greater for the smallerperson 102

37MM Foam Baton-15 feet=WHOHOW12 ga Rubber Pellets HV- 22 feet= WHOHOW40MM Bean Bag-34 feet=WHOHOW

213

90 to 140 lbs 131 to 185 lbs 186 to 220 lbs (220 to 350+)

103

Immediate Surroundings 1Is there any person in the immediate area who

maybe at risk of a deflected or missed shot

2Identify your target backstop and beyond

104

Chapter 7

Intervention Options

THE FORCE CONTINUUM ndash WHEN TO USE SIMrsquos

bull Ladder of Forcebull Force Continuumbull Circle of Forcebull Force Modularbull Escalation of Force

106

107

OFFICER PRESENCE

bull Uniform Badge bull Dedicated Weapon Displayed

bull On a Slingbull Port Arms bull Ready Carry Position

108

Presence

109

Verbal Commands

bull Please stand over there bull Please sit down on the chairbull Stop put your hands downbull Ending with ldquoDo it nowrdquobull Professional Tone amp Attitude

110

NON-Verbal

111

Verbalization

112

SOFT PHYSICAL TECHNIQUES

bull Slight touching or guiding contact

bull Cupping an elbow to escort Lightly grabbing an arm or shoulder

bull AIMING WEAPON113

Aiming WeaponFinger OFF

Trigger

114

HARD PHYSICAL TECHNIQUES

bull Limb Control Techniquesbull Takedown Ground Stabilizationbull Dynamic Countermeasuresbull Impact Techniquesbull Electrical Devicesbull Hand held impact weapons bull Specialty Impact Munitions

115

Firing the Weapon116

DEADLY FORCE

bull Impact Weaponsbull SIM ndash Changing Aiming Point

bull Neck Restraintbull Firearm

117

Transitioning to

firearm

118

Chapter 8

Documentation

Documentationbull Collect all munitions expended and photographed when practical

ndashEvery CasingndashMark Misfired or Damaged rounds 120

Documentation

bull An inventory of munitions used and not used should be noted

ndashWhat was issued and went out

ndashWhat was fired and misfiredndashWhat was lost and not recovered 121

Documentation

bull A report should be written detailing the order in which the events occurred and the police actions that were required

122

Documentation

bull Report the effectiveness of the various types of SIMrsquos and their delivery systems

ndashWhat did I fire that didnrsquot

ndashWhat did I fire that did123

Documentationbull Document any injuries sustained and property damage incurred

ndashInjuries to SubjectndashOfficersndashBystanders

124

Documentationbull After the crowd has dispersed it

is necessary to move rapidly into the target area to remove lingering groups and to prevent the crowd from regrouping and continuing illegal activity

ndashFollow ThroughndashSecuring the Area

125

LIABILITY ISSUES

The court will decide whether the actions of the officers were

(1)Consistent with the limits set forth by the constitution federal and state laws

(2)Consistent with departmental policy and procedures

(3)Consistent with training the officer received to handle such situations

126

5 Important Questions to ASK

bull What was the distance angle and elevation

bull What was the construction of the round used

bull What was the size of the subjectbull What was the expected point of impactbull What was the training of the shooter

127

Questions the Court will ASK

(1) Look at the conduct of other officers who were present andor participated in the actions

(2) The conduct of supervisors who may have authorized the actions of officers

128

Questions the Court will ASK

(1) Were the actions of the officers consistent with their training

(2) Was the training adequate and acceptable by contemporary standards

If the officers were not trained does it amountto deliberate indifference on the part of the

agency 129

Was the actions of the officer

bull A trained techniquebull Was it a dynamic application of

the trained techniquebull Was it an untrained technique

justified under the circumstances

130

Case Law

Know your laws

Graham v Connor 490 US 386 (1989)

a The US Supreme Court case that defined the standard under which excessive force claims would be judged

(1) The standard established was that of objective reasonableness(2) Prior to this the standard was police behavior that shocks the conscienceldquo

bIn this case the court redefined and set forth a less subjective standard

132Copyrighted by Dave Young

1990

City of Canton v Harris 489 US 378 109 S Ct 1197 (1989)

a In this case a woman was arrested and did not receive necessary medical attention after a shift commander was made aware of her condition and decided she did not need medical attention

b Although on the face the City of Canton policy addressed medical issues they were grossly negligent in that they did not provide the shift commanders with the proper training to make such decisions 133

Copyrighted by Dave Young 1990

City of Canton v Harris 489 US 378 109 S Ct 1197 (1989)

c There were many issues that emerged from this case however the primary issue was that of failure to train on the part of the city That negligence amounted to being deliberately in different to the rights of the plaintiff

The implications of Canton v Harris can also go beyond training issues however the burden of proving the Standard of deliberate indifference is on the plaintiff and not easy to prove

d Court Recommendation The duties that officers are assigned to perform must be accompanied with adequate training to perform that function

134Copyrighted by Dave Young

1990

ONeal v DeKalb County GA 850 F2d 653 (11th Cir 1988)

a A mental subject stabbed 7 people before being confronted by the police After repeatedly ordering the subject to drop the knife and lay on the floor the subject rushed the officers and was shot to death

b The court ruled that the use of deadly force instead of non-lethal force against a knife wielding suspect was not malicious or unreasonable therefore not actionable by the plaintiffs

135Copyrighted by Dave Young

1990

Plakas v Drinski 19 F3rd 1143 (7th Cir 1994) cert Denied 115 S Ct 81 (1994)

This case involved the shooting of a suspect who was

wielding a fire poker When the officer attempted to

arrest him he charged the officer with the fire poker and

was shot by police

(1)Plaintiffs who sued on behalf of the deceased claimed the officer did not use other means of force available to him at that time listing disabling chemical spray a police dog and distance

136Copyrighted by Dave Young

1990

Plakas v Drinski 19 F3rd 1143 (7th Cir 1994) cert Denied 115 SCt 81 (1994)

(2) The court stated ldquothat to permit every jury in this type of case to hear expert testimony that the defendant would have been uninjured if only the police had been able to use disabling gas or a capture net or a electrical device

(a)A municipality is liable because it failed to buy this equipment

(b)The Constitution does not enact a police administratorrsquos

equipment listlsquordquo

(c) The court ruled that there is no legal precedent that requires an officer to utilize alternatives to deadly force

137Copyrighted by Dave Young

1990

Davis v Mason County 927 F2d 1473 (9th Cir 1991)

aThe court ruled that the department had adequate training on the technical components of the use of force but did not have adequate training on the constitutional limits of the use of force in effecting arrests

138Copyrighted by Dave Young

1990

Davis v Mason County 927 F2d 1473 (9th Cir 1991)

b In other words the officers were trained on the how but not on the why and when the force is appropriate

c Court Recommendation Training should include confrontational scenarios of situations that require decision making then articulation by the officer as to the justification for the force used or not used

139Copyrighted by Dave Young

1990

Quezada v County of Bernalillo 944 F2d 710 (10th Cir 1991)

a The court ruled that an officer might be held liable for putting himself in a situation that requires him to use deadly force against an armed suicidal person

b This case involved an officer who left a position of cover to confront a suicidal subject

140Copyrighted by Dave Young

1990

141

Dave YoungFounder amp Director

ARMA Training

Website wwwarmatrainingcom772-913-1615

copyrighted by Dave Young 1994

Chapter 6

Target areas when using SIM

Blunt Trauma vs

Penetration Trauma

Blunt Traumabull The MAXIMUM desired effect of an impact munitions is

BLUNT TRAUMA - an impact from an object that leaves the body surface intact but may cause sufficient (non-life threatening) injury to distract control or incapacitate the subject

Stinger Round Injury

Pepperball Injury

Stinger Round Injury87

Types of Blunt Trauma Injuries

bull Abrasions - Skimming the surface skin area

bull Contusions - Injury to the brain

bull Lacerations - Partially hitting the skin surface from the side cutting the surface

88

Continued Blunt Trauma Injuriesbull Fractures - Primary injury when

munition strikes target are directly

bull Secondary injury when munitions strikes target area and causes the body to fall striking another surface indirectly

bull Concussion - Glancing blows or missed target or Falling or collapsing of the subject 89

Penetration Traumabull The unintended and most

undesirable outcome of an SIMS is penetration

bull SIMrsquos can cause Death or serious bodily injury

90

PenetrationPuncture ndash Entering the body

at arsquo90 degree angle breaking

thesurface of the skin

91

Target Areas

Unable to use a striking color baton chart

because the chart was used to identify areas of the body for impact and

injuries for striking a human which is MUCH less

force then deploying Specially Impact

Munitions92

Meat amp Muscle Areas

bull Primary target areas that when striking the human body will cause mild to intense pain with NO LONG LASTING INJURY

93

Primary Target Area ndash the target area

consisting of large muscle groupsbull Buttocks bull Thigh amp Calvesbull Lower Abdominal Areabull BicepsTricepsbull Forearm area

94

Meat amp Bone Areasbull Secondary target areas that when striking the human body will cause mild to intense pain with MINOR to LONG LASTING INJURY

95

Secondary target areas are skeletal areas ndash

preferred - may result in fractures

bull Shoulderbull Kneesbull Anklesbull Wrists bull Elbows

96

Bone amp Sensitive Areasbull Last resort target areas that when

striking the human body will cause intense pain with long lasting injury which MAY RESULT IN SERIOUS BODILY HARM WHICH MAY RESULT IN DEATH

97

Last Resort Target Area ndash the target area when

maximum effectiveness is desired to meet a level of

threat escalating to deadly force justification

bull Head amp Throatbull Chest (center mass)bull Solar plexusbull Groinbull Spinebull Lower back

98

99

100

Clothing

1 In colder climates where heavier clothing and jackets are worn rounds with higher energy capabilities will be required

2 In a case where the subject is lightly dressed pay close attention to munitions selection shot placement and engagement distance

3 In detention facilities and during civil disturbances the subjects may pad themselves in order to defeat the effects of SIM

101

Physical Stature and Condition ndash Is the subject heavy musculature or thin and skeletal age

1 250-pound muscular individual will more than likely be physiologically effected less than a 100-pound individual when both are struck in the sametarget area by SIM

2 The blunt trauma effects and the potential for penetration are much greater for the smallerperson 102

37MM Foam Baton-15 feet=WHOHOW12 ga Rubber Pellets HV- 22 feet= WHOHOW40MM Bean Bag-34 feet=WHOHOW

213

90 to 140 lbs 131 to 185 lbs 186 to 220 lbs (220 to 350+)

103

Immediate Surroundings 1Is there any person in the immediate area who

maybe at risk of a deflected or missed shot

2Identify your target backstop and beyond

104

Chapter 7

Intervention Options

THE FORCE CONTINUUM ndash WHEN TO USE SIMrsquos

bull Ladder of Forcebull Force Continuumbull Circle of Forcebull Force Modularbull Escalation of Force

106

107

OFFICER PRESENCE

bull Uniform Badge bull Dedicated Weapon Displayed

bull On a Slingbull Port Arms bull Ready Carry Position

108

Presence

109

Verbal Commands

bull Please stand over there bull Please sit down on the chairbull Stop put your hands downbull Ending with ldquoDo it nowrdquobull Professional Tone amp Attitude

110

NON-Verbal

111

Verbalization

112

SOFT PHYSICAL TECHNIQUES

bull Slight touching or guiding contact

bull Cupping an elbow to escort Lightly grabbing an arm or shoulder

bull AIMING WEAPON113

Aiming WeaponFinger OFF

Trigger

114

HARD PHYSICAL TECHNIQUES

bull Limb Control Techniquesbull Takedown Ground Stabilizationbull Dynamic Countermeasuresbull Impact Techniquesbull Electrical Devicesbull Hand held impact weapons bull Specialty Impact Munitions

115

Firing the Weapon116

DEADLY FORCE

bull Impact Weaponsbull SIM ndash Changing Aiming Point

bull Neck Restraintbull Firearm

117

Transitioning to

firearm

118

Chapter 8

Documentation

Documentationbull Collect all munitions expended and photographed when practical

ndashEvery CasingndashMark Misfired or Damaged rounds 120

Documentation

bull An inventory of munitions used and not used should be noted

ndashWhat was issued and went out

ndashWhat was fired and misfiredndashWhat was lost and not recovered 121

Documentation

bull A report should be written detailing the order in which the events occurred and the police actions that were required

122

Documentation

bull Report the effectiveness of the various types of SIMrsquos and their delivery systems

ndashWhat did I fire that didnrsquot

ndashWhat did I fire that did123

Documentationbull Document any injuries sustained and property damage incurred

ndashInjuries to SubjectndashOfficersndashBystanders

124

Documentationbull After the crowd has dispersed it

is necessary to move rapidly into the target area to remove lingering groups and to prevent the crowd from regrouping and continuing illegal activity

ndashFollow ThroughndashSecuring the Area

125

LIABILITY ISSUES

The court will decide whether the actions of the officers were

(1)Consistent with the limits set forth by the constitution federal and state laws

(2)Consistent with departmental policy and procedures

(3)Consistent with training the officer received to handle such situations

126

5 Important Questions to ASK

bull What was the distance angle and elevation

bull What was the construction of the round used

bull What was the size of the subjectbull What was the expected point of impactbull What was the training of the shooter

127

Questions the Court will ASK

(1) Look at the conduct of other officers who were present andor participated in the actions

(2) The conduct of supervisors who may have authorized the actions of officers

128

Questions the Court will ASK

(1) Were the actions of the officers consistent with their training

(2) Was the training adequate and acceptable by contemporary standards

If the officers were not trained does it amountto deliberate indifference on the part of the

agency 129

Was the actions of the officer

bull A trained techniquebull Was it a dynamic application of

the trained techniquebull Was it an untrained technique

justified under the circumstances

130

Case Law

Know your laws

Graham v Connor 490 US 386 (1989)

a The US Supreme Court case that defined the standard under which excessive force claims would be judged

(1) The standard established was that of objective reasonableness(2) Prior to this the standard was police behavior that shocks the conscienceldquo

bIn this case the court redefined and set forth a less subjective standard

132Copyrighted by Dave Young

1990

City of Canton v Harris 489 US 378 109 S Ct 1197 (1989)

a In this case a woman was arrested and did not receive necessary medical attention after a shift commander was made aware of her condition and decided she did not need medical attention

b Although on the face the City of Canton policy addressed medical issues they were grossly negligent in that they did not provide the shift commanders with the proper training to make such decisions 133

Copyrighted by Dave Young 1990

City of Canton v Harris 489 US 378 109 S Ct 1197 (1989)

c There were many issues that emerged from this case however the primary issue was that of failure to train on the part of the city That negligence amounted to being deliberately in different to the rights of the plaintiff

The implications of Canton v Harris can also go beyond training issues however the burden of proving the Standard of deliberate indifference is on the plaintiff and not easy to prove

d Court Recommendation The duties that officers are assigned to perform must be accompanied with adequate training to perform that function

134Copyrighted by Dave Young

1990

ONeal v DeKalb County GA 850 F2d 653 (11th Cir 1988)

a A mental subject stabbed 7 people before being confronted by the police After repeatedly ordering the subject to drop the knife and lay on the floor the subject rushed the officers and was shot to death

b The court ruled that the use of deadly force instead of non-lethal force against a knife wielding suspect was not malicious or unreasonable therefore not actionable by the plaintiffs

135Copyrighted by Dave Young

1990

Plakas v Drinski 19 F3rd 1143 (7th Cir 1994) cert Denied 115 S Ct 81 (1994)

This case involved the shooting of a suspect who was

wielding a fire poker When the officer attempted to

arrest him he charged the officer with the fire poker and

was shot by police

(1)Plaintiffs who sued on behalf of the deceased claimed the officer did not use other means of force available to him at that time listing disabling chemical spray a police dog and distance

136Copyrighted by Dave Young

1990

Plakas v Drinski 19 F3rd 1143 (7th Cir 1994) cert Denied 115 SCt 81 (1994)

(2) The court stated ldquothat to permit every jury in this type of case to hear expert testimony that the defendant would have been uninjured if only the police had been able to use disabling gas or a capture net or a electrical device

(a)A municipality is liable because it failed to buy this equipment

(b)The Constitution does not enact a police administratorrsquos

equipment listlsquordquo

(c) The court ruled that there is no legal precedent that requires an officer to utilize alternatives to deadly force

137Copyrighted by Dave Young

1990

Davis v Mason County 927 F2d 1473 (9th Cir 1991)

aThe court ruled that the department had adequate training on the technical components of the use of force but did not have adequate training on the constitutional limits of the use of force in effecting arrests

138Copyrighted by Dave Young

1990

Davis v Mason County 927 F2d 1473 (9th Cir 1991)

b In other words the officers were trained on the how but not on the why and when the force is appropriate

c Court Recommendation Training should include confrontational scenarios of situations that require decision making then articulation by the officer as to the justification for the force used or not used

139Copyrighted by Dave Young

1990

Quezada v County of Bernalillo 944 F2d 710 (10th Cir 1991)

a The court ruled that an officer might be held liable for putting himself in a situation that requires him to use deadly force against an armed suicidal person

b This case involved an officer who left a position of cover to confront a suicidal subject

140Copyrighted by Dave Young

1990

141

Dave YoungFounder amp Director

ARMA Training

Website wwwarmatrainingcom772-913-1615

copyrighted by Dave Young 1994

Blunt Trauma vs

Penetration Trauma

Blunt Traumabull The MAXIMUM desired effect of an impact munitions is

BLUNT TRAUMA - an impact from an object that leaves the body surface intact but may cause sufficient (non-life threatening) injury to distract control or incapacitate the subject

Stinger Round Injury

Pepperball Injury

Stinger Round Injury87

Types of Blunt Trauma Injuries

bull Abrasions - Skimming the surface skin area

bull Contusions - Injury to the brain

bull Lacerations - Partially hitting the skin surface from the side cutting the surface

88

Continued Blunt Trauma Injuriesbull Fractures - Primary injury when

munition strikes target are directly

bull Secondary injury when munitions strikes target area and causes the body to fall striking another surface indirectly

bull Concussion - Glancing blows or missed target or Falling or collapsing of the subject 89

Penetration Traumabull The unintended and most

undesirable outcome of an SIMS is penetration

bull SIMrsquos can cause Death or serious bodily injury

90

PenetrationPuncture ndash Entering the body

at arsquo90 degree angle breaking

thesurface of the skin

91

Target Areas

Unable to use a striking color baton chart

because the chart was used to identify areas of the body for impact and

injuries for striking a human which is MUCH less

force then deploying Specially Impact

Munitions92

Meat amp Muscle Areas

bull Primary target areas that when striking the human body will cause mild to intense pain with NO LONG LASTING INJURY

93

Primary Target Area ndash the target area

consisting of large muscle groupsbull Buttocks bull Thigh amp Calvesbull Lower Abdominal Areabull BicepsTricepsbull Forearm area

94

Meat amp Bone Areasbull Secondary target areas that when striking the human body will cause mild to intense pain with MINOR to LONG LASTING INJURY

95

Secondary target areas are skeletal areas ndash

preferred - may result in fractures

bull Shoulderbull Kneesbull Anklesbull Wrists bull Elbows

96

Bone amp Sensitive Areasbull Last resort target areas that when

striking the human body will cause intense pain with long lasting injury which MAY RESULT IN SERIOUS BODILY HARM WHICH MAY RESULT IN DEATH

97

Last Resort Target Area ndash the target area when

maximum effectiveness is desired to meet a level of

threat escalating to deadly force justification

bull Head amp Throatbull Chest (center mass)bull Solar plexusbull Groinbull Spinebull Lower back

98

99

100

Clothing

1 In colder climates where heavier clothing and jackets are worn rounds with higher energy capabilities will be required

2 In a case where the subject is lightly dressed pay close attention to munitions selection shot placement and engagement distance

3 In detention facilities and during civil disturbances the subjects may pad themselves in order to defeat the effects of SIM

101

Physical Stature and Condition ndash Is the subject heavy musculature or thin and skeletal age

1 250-pound muscular individual will more than likely be physiologically effected less than a 100-pound individual when both are struck in the sametarget area by SIM

2 The blunt trauma effects and the potential for penetration are much greater for the smallerperson 102

37MM Foam Baton-15 feet=WHOHOW12 ga Rubber Pellets HV- 22 feet= WHOHOW40MM Bean Bag-34 feet=WHOHOW

213

90 to 140 lbs 131 to 185 lbs 186 to 220 lbs (220 to 350+)

103

Immediate Surroundings 1Is there any person in the immediate area who

maybe at risk of a deflected or missed shot

2Identify your target backstop and beyond

104

Chapter 7

Intervention Options

THE FORCE CONTINUUM ndash WHEN TO USE SIMrsquos

bull Ladder of Forcebull Force Continuumbull Circle of Forcebull Force Modularbull Escalation of Force

106

107

OFFICER PRESENCE

bull Uniform Badge bull Dedicated Weapon Displayed

bull On a Slingbull Port Arms bull Ready Carry Position

108

Presence

109

Verbal Commands

bull Please stand over there bull Please sit down on the chairbull Stop put your hands downbull Ending with ldquoDo it nowrdquobull Professional Tone amp Attitude

110

NON-Verbal

111

Verbalization

112

SOFT PHYSICAL TECHNIQUES

bull Slight touching or guiding contact

bull Cupping an elbow to escort Lightly grabbing an arm or shoulder

bull AIMING WEAPON113

Aiming WeaponFinger OFF

Trigger

114

HARD PHYSICAL TECHNIQUES

bull Limb Control Techniquesbull Takedown Ground Stabilizationbull Dynamic Countermeasuresbull Impact Techniquesbull Electrical Devicesbull Hand held impact weapons bull Specialty Impact Munitions

115

Firing the Weapon116

DEADLY FORCE

bull Impact Weaponsbull SIM ndash Changing Aiming Point

bull Neck Restraintbull Firearm

117

Transitioning to

firearm

118

Chapter 8

Documentation

Documentationbull Collect all munitions expended and photographed when practical

ndashEvery CasingndashMark Misfired or Damaged rounds 120

Documentation

bull An inventory of munitions used and not used should be noted

ndashWhat was issued and went out

ndashWhat was fired and misfiredndashWhat was lost and not recovered 121

Documentation

bull A report should be written detailing the order in which the events occurred and the police actions that were required

122

Documentation

bull Report the effectiveness of the various types of SIMrsquos and their delivery systems

ndashWhat did I fire that didnrsquot

ndashWhat did I fire that did123

Documentationbull Document any injuries sustained and property damage incurred

ndashInjuries to SubjectndashOfficersndashBystanders

124

Documentationbull After the crowd has dispersed it

is necessary to move rapidly into the target area to remove lingering groups and to prevent the crowd from regrouping and continuing illegal activity

ndashFollow ThroughndashSecuring the Area

125

LIABILITY ISSUES

The court will decide whether the actions of the officers were

(1)Consistent with the limits set forth by the constitution federal and state laws

(2)Consistent with departmental policy and procedures

(3)Consistent with training the officer received to handle such situations

126

5 Important Questions to ASK

bull What was the distance angle and elevation

bull What was the construction of the round used

bull What was the size of the subjectbull What was the expected point of impactbull What was the training of the shooter

127

Questions the Court will ASK

(1) Look at the conduct of other officers who were present andor participated in the actions

(2) The conduct of supervisors who may have authorized the actions of officers

128

Questions the Court will ASK

(1) Were the actions of the officers consistent with their training

(2) Was the training adequate and acceptable by contemporary standards

If the officers were not trained does it amountto deliberate indifference on the part of the

agency 129

Was the actions of the officer

bull A trained techniquebull Was it a dynamic application of

the trained techniquebull Was it an untrained technique

justified under the circumstances

130

Case Law

Know your laws

Graham v Connor 490 US 386 (1989)

a The US Supreme Court case that defined the standard under which excessive force claims would be judged

(1) The standard established was that of objective reasonableness(2) Prior to this the standard was police behavior that shocks the conscienceldquo

bIn this case the court redefined and set forth a less subjective standard

132Copyrighted by Dave Young

1990

City of Canton v Harris 489 US 378 109 S Ct 1197 (1989)

a In this case a woman was arrested and did not receive necessary medical attention after a shift commander was made aware of her condition and decided she did not need medical attention

b Although on the face the City of Canton policy addressed medical issues they were grossly negligent in that they did not provide the shift commanders with the proper training to make such decisions 133

Copyrighted by Dave Young 1990

City of Canton v Harris 489 US 378 109 S Ct 1197 (1989)

c There were many issues that emerged from this case however the primary issue was that of failure to train on the part of the city That negligence amounted to being deliberately in different to the rights of the plaintiff

The implications of Canton v Harris can also go beyond training issues however the burden of proving the Standard of deliberate indifference is on the plaintiff and not easy to prove

d Court Recommendation The duties that officers are assigned to perform must be accompanied with adequate training to perform that function

134Copyrighted by Dave Young

1990

ONeal v DeKalb County GA 850 F2d 653 (11th Cir 1988)

a A mental subject stabbed 7 people before being confronted by the police After repeatedly ordering the subject to drop the knife and lay on the floor the subject rushed the officers and was shot to death

b The court ruled that the use of deadly force instead of non-lethal force against a knife wielding suspect was not malicious or unreasonable therefore not actionable by the plaintiffs

135Copyrighted by Dave Young

1990

Plakas v Drinski 19 F3rd 1143 (7th Cir 1994) cert Denied 115 S Ct 81 (1994)

This case involved the shooting of a suspect who was

wielding a fire poker When the officer attempted to

arrest him he charged the officer with the fire poker and

was shot by police

(1)Plaintiffs who sued on behalf of the deceased claimed the officer did not use other means of force available to him at that time listing disabling chemical spray a police dog and distance

136Copyrighted by Dave Young

1990

Plakas v Drinski 19 F3rd 1143 (7th Cir 1994) cert Denied 115 SCt 81 (1994)

(2) The court stated ldquothat to permit every jury in this type of case to hear expert testimony that the defendant would have been uninjured if only the police had been able to use disabling gas or a capture net or a electrical device

(a)A municipality is liable because it failed to buy this equipment

(b)The Constitution does not enact a police administratorrsquos

equipment listlsquordquo

(c) The court ruled that there is no legal precedent that requires an officer to utilize alternatives to deadly force

137Copyrighted by Dave Young

1990

Davis v Mason County 927 F2d 1473 (9th Cir 1991)

aThe court ruled that the department had adequate training on the technical components of the use of force but did not have adequate training on the constitutional limits of the use of force in effecting arrests

138Copyrighted by Dave Young

1990

Davis v Mason County 927 F2d 1473 (9th Cir 1991)

b In other words the officers were trained on the how but not on the why and when the force is appropriate

c Court Recommendation Training should include confrontational scenarios of situations that require decision making then articulation by the officer as to the justification for the force used or not used

139Copyrighted by Dave Young

1990

Quezada v County of Bernalillo 944 F2d 710 (10th Cir 1991)

a The court ruled that an officer might be held liable for putting himself in a situation that requires him to use deadly force against an armed suicidal person

b This case involved an officer who left a position of cover to confront a suicidal subject

140Copyrighted by Dave Young

1990

141

Dave YoungFounder amp Director

ARMA Training

Website wwwarmatrainingcom772-913-1615

copyrighted by Dave Young 1994

Blunt Traumabull The MAXIMUM desired effect of an impact munitions is

BLUNT TRAUMA - an impact from an object that leaves the body surface intact but may cause sufficient (non-life threatening) injury to distract control or incapacitate the subject

Stinger Round Injury

Pepperball Injury

Stinger Round Injury87

Types of Blunt Trauma Injuries

bull Abrasions - Skimming the surface skin area

bull Contusions - Injury to the brain

bull Lacerations - Partially hitting the skin surface from the side cutting the surface

88

Continued Blunt Trauma Injuriesbull Fractures - Primary injury when

munition strikes target are directly

bull Secondary injury when munitions strikes target area and causes the body to fall striking another surface indirectly

bull Concussion - Glancing blows or missed target or Falling or collapsing of the subject 89

Penetration Traumabull The unintended and most

undesirable outcome of an SIMS is penetration

bull SIMrsquos can cause Death or serious bodily injury

90

PenetrationPuncture ndash Entering the body

at arsquo90 degree angle breaking

thesurface of the skin

91

Target Areas

Unable to use a striking color baton chart

because the chart was used to identify areas of the body for impact and

injuries for striking a human which is MUCH less

force then deploying Specially Impact

Munitions92

Meat amp Muscle Areas

bull Primary target areas that when striking the human body will cause mild to intense pain with NO LONG LASTING INJURY

93

Primary Target Area ndash the target area

consisting of large muscle groupsbull Buttocks bull Thigh amp Calvesbull Lower Abdominal Areabull BicepsTricepsbull Forearm area

94

Meat amp Bone Areasbull Secondary target areas that when striking the human body will cause mild to intense pain with MINOR to LONG LASTING INJURY

95

Secondary target areas are skeletal areas ndash

preferred - may result in fractures

bull Shoulderbull Kneesbull Anklesbull Wrists bull Elbows

96

Bone amp Sensitive Areasbull Last resort target areas that when

striking the human body will cause intense pain with long lasting injury which MAY RESULT IN SERIOUS BODILY HARM WHICH MAY RESULT IN DEATH

97

Last Resort Target Area ndash the target area when

maximum effectiveness is desired to meet a level of

threat escalating to deadly force justification

bull Head amp Throatbull Chest (center mass)bull Solar plexusbull Groinbull Spinebull Lower back

98

99

100

Clothing

1 In colder climates where heavier clothing and jackets are worn rounds with higher energy capabilities will be required

2 In a case where the subject is lightly dressed pay close attention to munitions selection shot placement and engagement distance

3 In detention facilities and during civil disturbances the subjects may pad themselves in order to defeat the effects of SIM

101

Physical Stature and Condition ndash Is the subject heavy musculature or thin and skeletal age

1 250-pound muscular individual will more than likely be physiologically effected less than a 100-pound individual when both are struck in the sametarget area by SIM

2 The blunt trauma effects and the potential for penetration are much greater for the smallerperson 102

37MM Foam Baton-15 feet=WHOHOW12 ga Rubber Pellets HV- 22 feet= WHOHOW40MM Bean Bag-34 feet=WHOHOW

213

90 to 140 lbs 131 to 185 lbs 186 to 220 lbs (220 to 350+)

103

Immediate Surroundings 1Is there any person in the immediate area who

maybe at risk of a deflected or missed shot

2Identify your target backstop and beyond

104

Chapter 7

Intervention Options

THE FORCE CONTINUUM ndash WHEN TO USE SIMrsquos

bull Ladder of Forcebull Force Continuumbull Circle of Forcebull Force Modularbull Escalation of Force

106

107

OFFICER PRESENCE

bull Uniform Badge bull Dedicated Weapon Displayed

bull On a Slingbull Port Arms bull Ready Carry Position

108

Presence

109

Verbal Commands

bull Please stand over there bull Please sit down on the chairbull Stop put your hands downbull Ending with ldquoDo it nowrdquobull Professional Tone amp Attitude

110

NON-Verbal

111

Verbalization

112

SOFT PHYSICAL TECHNIQUES

bull Slight touching or guiding contact

bull Cupping an elbow to escort Lightly grabbing an arm or shoulder

bull AIMING WEAPON113

Aiming WeaponFinger OFF

Trigger

114

HARD PHYSICAL TECHNIQUES

bull Limb Control Techniquesbull Takedown Ground Stabilizationbull Dynamic Countermeasuresbull Impact Techniquesbull Electrical Devicesbull Hand held impact weapons bull Specialty Impact Munitions

115

Firing the Weapon116

DEADLY FORCE

bull Impact Weaponsbull SIM ndash Changing Aiming Point

bull Neck Restraintbull Firearm

117

Transitioning to

firearm

118

Chapter 8

Documentation

Documentationbull Collect all munitions expended and photographed when practical

ndashEvery CasingndashMark Misfired or Damaged rounds 120

Documentation

bull An inventory of munitions used and not used should be noted

ndashWhat was issued and went out

ndashWhat was fired and misfiredndashWhat was lost and not recovered 121

Documentation

bull A report should be written detailing the order in which the events occurred and the police actions that were required

122

Documentation

bull Report the effectiveness of the various types of SIMrsquos and their delivery systems

ndashWhat did I fire that didnrsquot

ndashWhat did I fire that did123

Documentationbull Document any injuries sustained and property damage incurred

ndashInjuries to SubjectndashOfficersndashBystanders

124

Documentationbull After the crowd has dispersed it

is necessary to move rapidly into the target area to remove lingering groups and to prevent the crowd from regrouping and continuing illegal activity

ndashFollow ThroughndashSecuring the Area

125

LIABILITY ISSUES

The court will decide whether the actions of the officers were

(1)Consistent with the limits set forth by the constitution federal and state laws

(2)Consistent with departmental policy and procedures

(3)Consistent with training the officer received to handle such situations

126

5 Important Questions to ASK

bull What was the distance angle and elevation

bull What was the construction of the round used

bull What was the size of the subjectbull What was the expected point of impactbull What was the training of the shooter

127

Questions the Court will ASK

(1) Look at the conduct of other officers who were present andor participated in the actions

(2) The conduct of supervisors who may have authorized the actions of officers

128

Questions the Court will ASK

(1) Were the actions of the officers consistent with their training

(2) Was the training adequate and acceptable by contemporary standards

If the officers were not trained does it amountto deliberate indifference on the part of the

agency 129

Was the actions of the officer

bull A trained techniquebull Was it a dynamic application of

the trained techniquebull Was it an untrained technique

justified under the circumstances

130

Case Law

Know your laws

Graham v Connor 490 US 386 (1989)

a The US Supreme Court case that defined the standard under which excessive force claims would be judged

(1) The standard established was that of objective reasonableness(2) Prior to this the standard was police behavior that shocks the conscienceldquo

bIn this case the court redefined and set forth a less subjective standard

132Copyrighted by Dave Young

1990

City of Canton v Harris 489 US 378 109 S Ct 1197 (1989)

a In this case a woman was arrested and did not receive necessary medical attention after a shift commander was made aware of her condition and decided she did not need medical attention

b Although on the face the City of Canton policy addressed medical issues they were grossly negligent in that they did not provide the shift commanders with the proper training to make such decisions 133

Copyrighted by Dave Young 1990

City of Canton v Harris 489 US 378 109 S Ct 1197 (1989)

c There were many issues that emerged from this case however the primary issue was that of failure to train on the part of the city That negligence amounted to being deliberately in different to the rights of the plaintiff

The implications of Canton v Harris can also go beyond training issues however the burden of proving the Standard of deliberate indifference is on the plaintiff and not easy to prove

d Court Recommendation The duties that officers are assigned to perform must be accompanied with adequate training to perform that function

134Copyrighted by Dave Young

1990

ONeal v DeKalb County GA 850 F2d 653 (11th Cir 1988)

a A mental subject stabbed 7 people before being confronted by the police After repeatedly ordering the subject to drop the knife and lay on the floor the subject rushed the officers and was shot to death

b The court ruled that the use of deadly force instead of non-lethal force against a knife wielding suspect was not malicious or unreasonable therefore not actionable by the plaintiffs

135Copyrighted by Dave Young

1990

Plakas v Drinski 19 F3rd 1143 (7th Cir 1994) cert Denied 115 S Ct 81 (1994)

This case involved the shooting of a suspect who was

wielding a fire poker When the officer attempted to

arrest him he charged the officer with the fire poker and

was shot by police

(1)Plaintiffs who sued on behalf of the deceased claimed the officer did not use other means of force available to him at that time listing disabling chemical spray a police dog and distance

136Copyrighted by Dave Young

1990

Plakas v Drinski 19 F3rd 1143 (7th Cir 1994) cert Denied 115 SCt 81 (1994)

(2) The court stated ldquothat to permit every jury in this type of case to hear expert testimony that the defendant would have been uninjured if only the police had been able to use disabling gas or a capture net or a electrical device

(a)A municipality is liable because it failed to buy this equipment

(b)The Constitution does not enact a police administratorrsquos

equipment listlsquordquo

(c) The court ruled that there is no legal precedent that requires an officer to utilize alternatives to deadly force

137Copyrighted by Dave Young

1990

Davis v Mason County 927 F2d 1473 (9th Cir 1991)

aThe court ruled that the department had adequate training on the technical components of the use of force but did not have adequate training on the constitutional limits of the use of force in effecting arrests

138Copyrighted by Dave Young

1990

Davis v Mason County 927 F2d 1473 (9th Cir 1991)

b In other words the officers were trained on the how but not on the why and when the force is appropriate

c Court Recommendation Training should include confrontational scenarios of situations that require decision making then articulation by the officer as to the justification for the force used or not used

139Copyrighted by Dave Young

1990

Quezada v County of Bernalillo 944 F2d 710 (10th Cir 1991)

a The court ruled that an officer might be held liable for putting himself in a situation that requires him to use deadly force against an armed suicidal person

b This case involved an officer who left a position of cover to confront a suicidal subject

140Copyrighted by Dave Young

1990

141

Dave YoungFounder amp Director

ARMA Training

Website wwwarmatrainingcom772-913-1615

copyrighted by Dave Young 1994

Types of Blunt Trauma Injuries

bull Abrasions - Skimming the surface skin area

bull Contusions - Injury to the brain

bull Lacerations - Partially hitting the skin surface from the side cutting the surface

88

Continued Blunt Trauma Injuriesbull Fractures - Primary injury when

munition strikes target are directly

bull Secondary injury when munitions strikes target area and causes the body to fall striking another surface indirectly

bull Concussion - Glancing blows or missed target or Falling or collapsing of the subject 89

Penetration Traumabull The unintended and most

undesirable outcome of an SIMS is penetration

bull SIMrsquos can cause Death or serious bodily injury

90

PenetrationPuncture ndash Entering the body

at arsquo90 degree angle breaking

thesurface of the skin

91

Target Areas

Unable to use a striking color baton chart

because the chart was used to identify areas of the body for impact and

injuries for striking a human which is MUCH less

force then deploying Specially Impact

Munitions92

Meat amp Muscle Areas

bull Primary target areas that when striking the human body will cause mild to intense pain with NO LONG LASTING INJURY

93

Primary Target Area ndash the target area

consisting of large muscle groupsbull Buttocks bull Thigh amp Calvesbull Lower Abdominal Areabull BicepsTricepsbull Forearm area

94

Meat amp Bone Areasbull Secondary target areas that when striking the human body will cause mild to intense pain with MINOR to LONG LASTING INJURY

95

Secondary target areas are skeletal areas ndash

preferred - may result in fractures

bull Shoulderbull Kneesbull Anklesbull Wrists bull Elbows

96

Bone amp Sensitive Areasbull Last resort target areas that when

striking the human body will cause intense pain with long lasting injury which MAY RESULT IN SERIOUS BODILY HARM WHICH MAY RESULT IN DEATH

97

Last Resort Target Area ndash the target area when

maximum effectiveness is desired to meet a level of

threat escalating to deadly force justification

bull Head amp Throatbull Chest (center mass)bull Solar plexusbull Groinbull Spinebull Lower back

98

99

100

Clothing

1 In colder climates where heavier clothing and jackets are worn rounds with higher energy capabilities will be required

2 In a case where the subject is lightly dressed pay close attention to munitions selection shot placement and engagement distance

3 In detention facilities and during civil disturbances the subjects may pad themselves in order to defeat the effects of SIM

101

Physical Stature and Condition ndash Is the subject heavy musculature or thin and skeletal age

1 250-pound muscular individual will more than likely be physiologically effected less than a 100-pound individual when both are struck in the sametarget area by SIM

2 The blunt trauma effects and the potential for penetration are much greater for the smallerperson 102

37MM Foam Baton-15 feet=WHOHOW12 ga Rubber Pellets HV- 22 feet= WHOHOW40MM Bean Bag-34 feet=WHOHOW

213

90 to 140 lbs 131 to 185 lbs 186 to 220 lbs (220 to 350+)

103

Immediate Surroundings 1Is there any person in the immediate area who

maybe at risk of a deflected or missed shot

2Identify your target backstop and beyond

104

Chapter 7

Intervention Options

THE FORCE CONTINUUM ndash WHEN TO USE SIMrsquos

bull Ladder of Forcebull Force Continuumbull Circle of Forcebull Force Modularbull Escalation of Force

106

107

OFFICER PRESENCE

bull Uniform Badge bull Dedicated Weapon Displayed

bull On a Slingbull Port Arms bull Ready Carry Position

108

Presence

109

Verbal Commands

bull Please stand over there bull Please sit down on the chairbull Stop put your hands downbull Ending with ldquoDo it nowrdquobull Professional Tone amp Attitude

110

NON-Verbal

111

Verbalization

112

SOFT PHYSICAL TECHNIQUES

bull Slight touching or guiding contact

bull Cupping an elbow to escort Lightly grabbing an arm or shoulder

bull AIMING WEAPON113

Aiming WeaponFinger OFF

Trigger

114

HARD PHYSICAL TECHNIQUES

bull Limb Control Techniquesbull Takedown Ground Stabilizationbull Dynamic Countermeasuresbull Impact Techniquesbull Electrical Devicesbull Hand held impact weapons bull Specialty Impact Munitions

115

Firing the Weapon116

DEADLY FORCE

bull Impact Weaponsbull SIM ndash Changing Aiming Point

bull Neck Restraintbull Firearm

117

Transitioning to

firearm

118

Chapter 8

Documentation

Documentationbull Collect all munitions expended and photographed when practical

ndashEvery CasingndashMark Misfired or Damaged rounds 120

Documentation

bull An inventory of munitions used and not used should be noted

ndashWhat was issued and went out

ndashWhat was fired and misfiredndashWhat was lost and not recovered 121

Documentation

bull A report should be written detailing the order in which the events occurred and the police actions that were required

122

Documentation

bull Report the effectiveness of the various types of SIMrsquos and their delivery systems

ndashWhat did I fire that didnrsquot

ndashWhat did I fire that did123

Documentationbull Document any injuries sustained and property damage incurred

ndashInjuries to SubjectndashOfficersndashBystanders

124

Documentationbull After the crowd has dispersed it

is necessary to move rapidly into the target area to remove lingering groups and to prevent the crowd from regrouping and continuing illegal activity

ndashFollow ThroughndashSecuring the Area

125

LIABILITY ISSUES

The court will decide whether the actions of the officers were

(1)Consistent with the limits set forth by the constitution federal and state laws

(2)Consistent with departmental policy and procedures

(3)Consistent with training the officer received to handle such situations

126

5 Important Questions to ASK

bull What was the distance angle and elevation

bull What was the construction of the round used

bull What was the size of the subjectbull What was the expected point of impactbull What was the training of the shooter

127

Questions the Court will ASK

(1) Look at the conduct of other officers who were present andor participated in the actions

(2) The conduct of supervisors who may have authorized the actions of officers

128

Questions the Court will ASK

(1) Were the actions of the officers consistent with their training

(2) Was the training adequate and acceptable by contemporary standards

If the officers were not trained does it amountto deliberate indifference on the part of the

agency 129

Was the actions of the officer

bull A trained techniquebull Was it a dynamic application of

the trained techniquebull Was it an untrained technique

justified under the circumstances

130

Case Law

Know your laws

Graham v Connor 490 US 386 (1989)

a The US Supreme Court case that defined the standard under which excessive force claims would be judged

(1) The standard established was that of objective reasonableness(2) Prior to this the standard was police behavior that shocks the conscienceldquo

bIn this case the court redefined and set forth a less subjective standard

132Copyrighted by Dave Young

1990

City of Canton v Harris 489 US 378 109 S Ct 1197 (1989)

a In this case a woman was arrested and did not receive necessary medical attention after a shift commander was made aware of her condition and decided she did not need medical attention

b Although on the face the City of Canton policy addressed medical issues they were grossly negligent in that they did not provide the shift commanders with the proper training to make such decisions 133

Copyrighted by Dave Young 1990

City of Canton v Harris 489 US 378 109 S Ct 1197 (1989)

c There were many issues that emerged from this case however the primary issue was that of failure to train on the part of the city That negligence amounted to being deliberately in different to the rights of the plaintiff

The implications of Canton v Harris can also go beyond training issues however the burden of proving the Standard of deliberate indifference is on the plaintiff and not easy to prove

d Court Recommendation The duties that officers are assigned to perform must be accompanied with adequate training to perform that function

134Copyrighted by Dave Young

1990

ONeal v DeKalb County GA 850 F2d 653 (11th Cir 1988)

a A mental subject stabbed 7 people before being confronted by the police After repeatedly ordering the subject to drop the knife and lay on the floor the subject rushed the officers and was shot to death

b The court ruled that the use of deadly force instead of non-lethal force against a knife wielding suspect was not malicious or unreasonable therefore not actionable by the plaintiffs

135Copyrighted by Dave Young

1990

Plakas v Drinski 19 F3rd 1143 (7th Cir 1994) cert Denied 115 S Ct 81 (1994)

This case involved the shooting of a suspect who was

wielding a fire poker When the officer attempted to

arrest him he charged the officer with the fire poker and

was shot by police

(1)Plaintiffs who sued on behalf of the deceased claimed the officer did not use other means of force available to him at that time listing disabling chemical spray a police dog and distance

136Copyrighted by Dave Young

1990

Plakas v Drinski 19 F3rd 1143 (7th Cir 1994) cert Denied 115 SCt 81 (1994)

(2) The court stated ldquothat to permit every jury in this type of case to hear expert testimony that the defendant would have been uninjured if only the police had been able to use disabling gas or a capture net or a electrical device

(a)A municipality is liable because it failed to buy this equipment

(b)The Constitution does not enact a police administratorrsquos

equipment listlsquordquo

(c) The court ruled that there is no legal precedent that requires an officer to utilize alternatives to deadly force

137Copyrighted by Dave Young

1990

Davis v Mason County 927 F2d 1473 (9th Cir 1991)

aThe court ruled that the department had adequate training on the technical components of the use of force but did not have adequate training on the constitutional limits of the use of force in effecting arrests

138Copyrighted by Dave Young

1990

Davis v Mason County 927 F2d 1473 (9th Cir 1991)

b In other words the officers were trained on the how but not on the why and when the force is appropriate

c Court Recommendation Training should include confrontational scenarios of situations that require decision making then articulation by the officer as to the justification for the force used or not used

139Copyrighted by Dave Young

1990

Quezada v County of Bernalillo 944 F2d 710 (10th Cir 1991)

a The court ruled that an officer might be held liable for putting himself in a situation that requires him to use deadly force against an armed suicidal person

b This case involved an officer who left a position of cover to confront a suicidal subject

140Copyrighted by Dave Young

1990

141

Dave YoungFounder amp Director

ARMA Training

Website wwwarmatrainingcom772-913-1615

copyrighted by Dave Young 1994

Continued Blunt Trauma Injuriesbull Fractures - Primary injury when

munition strikes target are directly

bull Secondary injury when munitions strikes target area and causes the body to fall striking another surface indirectly

bull Concussion - Glancing blows or missed target or Falling or collapsing of the subject 89

Penetration Traumabull The unintended and most

undesirable outcome of an SIMS is penetration

bull SIMrsquos can cause Death or serious bodily injury

90

PenetrationPuncture ndash Entering the body

at arsquo90 degree angle breaking

thesurface of the skin

91

Target Areas

Unable to use a striking color baton chart

because the chart was used to identify areas of the body for impact and

injuries for striking a human which is MUCH less

force then deploying Specially Impact

Munitions92

Meat amp Muscle Areas

bull Primary target areas that when striking the human body will cause mild to intense pain with NO LONG LASTING INJURY

93

Primary Target Area ndash the target area

consisting of large muscle groupsbull Buttocks bull Thigh amp Calvesbull Lower Abdominal Areabull BicepsTricepsbull Forearm area

94

Meat amp Bone Areasbull Secondary target areas that when striking the human body will cause mild to intense pain with MINOR to LONG LASTING INJURY

95

Secondary target areas are skeletal areas ndash

preferred - may result in fractures

bull Shoulderbull Kneesbull Anklesbull Wrists bull Elbows

96

Bone amp Sensitive Areasbull Last resort target areas that when

striking the human body will cause intense pain with long lasting injury which MAY RESULT IN SERIOUS BODILY HARM WHICH MAY RESULT IN DEATH

97

Last Resort Target Area ndash the target area when

maximum effectiveness is desired to meet a level of

threat escalating to deadly force justification

bull Head amp Throatbull Chest (center mass)bull Solar plexusbull Groinbull Spinebull Lower back

98

99

100

Clothing

1 In colder climates where heavier clothing and jackets are worn rounds with higher energy capabilities will be required

2 In a case where the subject is lightly dressed pay close attention to munitions selection shot placement and engagement distance

3 In detention facilities and during civil disturbances the subjects may pad themselves in order to defeat the effects of SIM

101

Physical Stature and Condition ndash Is the subject heavy musculature or thin and skeletal age

1 250-pound muscular individual will more than likely be physiologically effected less than a 100-pound individual when both are struck in the sametarget area by SIM

2 The blunt trauma effects and the potential for penetration are much greater for the smallerperson 102

37MM Foam Baton-15 feet=WHOHOW12 ga Rubber Pellets HV- 22 feet= WHOHOW40MM Bean Bag-34 feet=WHOHOW

213

90 to 140 lbs 131 to 185 lbs 186 to 220 lbs (220 to 350+)

103

Immediate Surroundings 1Is there any person in the immediate area who

maybe at risk of a deflected or missed shot

2Identify your target backstop and beyond

104

Chapter 7

Intervention Options

THE FORCE CONTINUUM ndash WHEN TO USE SIMrsquos

bull Ladder of Forcebull Force Continuumbull Circle of Forcebull Force Modularbull Escalation of Force

106

107

OFFICER PRESENCE

bull Uniform Badge bull Dedicated Weapon Displayed

bull On a Slingbull Port Arms bull Ready Carry Position

108

Presence

109

Verbal Commands

bull Please stand over there bull Please sit down on the chairbull Stop put your hands downbull Ending with ldquoDo it nowrdquobull Professional Tone amp Attitude

110

NON-Verbal

111

Verbalization

112

SOFT PHYSICAL TECHNIQUES

bull Slight touching or guiding contact

bull Cupping an elbow to escort Lightly grabbing an arm or shoulder

bull AIMING WEAPON113

Aiming WeaponFinger OFF

Trigger

114

HARD PHYSICAL TECHNIQUES

bull Limb Control Techniquesbull Takedown Ground Stabilizationbull Dynamic Countermeasuresbull Impact Techniquesbull Electrical Devicesbull Hand held impact weapons bull Specialty Impact Munitions

115

Firing the Weapon116

DEADLY FORCE

bull Impact Weaponsbull SIM ndash Changing Aiming Point

bull Neck Restraintbull Firearm

117

Transitioning to

firearm

118

Chapter 8

Documentation

Documentationbull Collect all munitions expended and photographed when practical

ndashEvery CasingndashMark Misfired or Damaged rounds 120

Documentation

bull An inventory of munitions used and not used should be noted

ndashWhat was issued and went out

ndashWhat was fired and misfiredndashWhat was lost and not recovered 121

Documentation

bull A report should be written detailing the order in which the events occurred and the police actions that were required

122

Documentation

bull Report the effectiveness of the various types of SIMrsquos and their delivery systems

ndashWhat did I fire that didnrsquot

ndashWhat did I fire that did123

Documentationbull Document any injuries sustained and property damage incurred

ndashInjuries to SubjectndashOfficersndashBystanders

124

Documentationbull After the crowd has dispersed it

is necessary to move rapidly into the target area to remove lingering groups and to prevent the crowd from regrouping and continuing illegal activity

ndashFollow ThroughndashSecuring the Area

125

LIABILITY ISSUES

The court will decide whether the actions of the officers were

(1)Consistent with the limits set forth by the constitution federal and state laws

(2)Consistent with departmental policy and procedures

(3)Consistent with training the officer received to handle such situations

126

5 Important Questions to ASK

bull What was the distance angle and elevation

bull What was the construction of the round used

bull What was the size of the subjectbull What was the expected point of impactbull What was the training of the shooter

127

Questions the Court will ASK

(1) Look at the conduct of other officers who were present andor participated in the actions

(2) The conduct of supervisors who may have authorized the actions of officers

128

Questions the Court will ASK

(1) Were the actions of the officers consistent with their training

(2) Was the training adequate and acceptable by contemporary standards

If the officers were not trained does it amountto deliberate indifference on the part of the

agency 129

Was the actions of the officer

bull A trained techniquebull Was it a dynamic application of

the trained techniquebull Was it an untrained technique

justified under the circumstances

130

Case Law

Know your laws

Graham v Connor 490 US 386 (1989)

a The US Supreme Court case that defined the standard under which excessive force claims would be judged

(1) The standard established was that of objective reasonableness(2) Prior to this the standard was police behavior that shocks the conscienceldquo

bIn this case the court redefined and set forth a less subjective standard

132Copyrighted by Dave Young

1990

City of Canton v Harris 489 US 378 109 S Ct 1197 (1989)

a In this case a woman was arrested and did not receive necessary medical attention after a shift commander was made aware of her condition and decided she did not need medical attention

b Although on the face the City of Canton policy addressed medical issues they were grossly negligent in that they did not provide the shift commanders with the proper training to make such decisions 133

Copyrighted by Dave Young 1990

City of Canton v Harris 489 US 378 109 S Ct 1197 (1989)

c There were many issues that emerged from this case however the primary issue was that of failure to train on the part of the city That negligence amounted to being deliberately in different to the rights of the plaintiff

The implications of Canton v Harris can also go beyond training issues however the burden of proving the Standard of deliberate indifference is on the plaintiff and not easy to prove

d Court Recommendation The duties that officers are assigned to perform must be accompanied with adequate training to perform that function

134Copyrighted by Dave Young

1990

ONeal v DeKalb County GA 850 F2d 653 (11th Cir 1988)

a A mental subject stabbed 7 people before being confronted by the police After repeatedly ordering the subject to drop the knife and lay on the floor the subject rushed the officers and was shot to death

b The court ruled that the use of deadly force instead of non-lethal force against a knife wielding suspect was not malicious or unreasonable therefore not actionable by the plaintiffs

135Copyrighted by Dave Young

1990

Plakas v Drinski 19 F3rd 1143 (7th Cir 1994) cert Denied 115 S Ct 81 (1994)

This case involved the shooting of a suspect who was

wielding a fire poker When the officer attempted to

arrest him he charged the officer with the fire poker and

was shot by police

(1)Plaintiffs who sued on behalf of the deceased claimed the officer did not use other means of force available to him at that time listing disabling chemical spray a police dog and distance

136Copyrighted by Dave Young

1990

Plakas v Drinski 19 F3rd 1143 (7th Cir 1994) cert Denied 115 SCt 81 (1994)

(2) The court stated ldquothat to permit every jury in this type of case to hear expert testimony that the defendant would have been uninjured if only the police had been able to use disabling gas or a capture net or a electrical device

(a)A municipality is liable because it failed to buy this equipment

(b)The Constitution does not enact a police administratorrsquos

equipment listlsquordquo

(c) The court ruled that there is no legal precedent that requires an officer to utilize alternatives to deadly force

137Copyrighted by Dave Young

1990

Davis v Mason County 927 F2d 1473 (9th Cir 1991)

aThe court ruled that the department had adequate training on the technical components of the use of force but did not have adequate training on the constitutional limits of the use of force in effecting arrests

138Copyrighted by Dave Young

1990

Davis v Mason County 927 F2d 1473 (9th Cir 1991)

b In other words the officers were trained on the how but not on the why and when the force is appropriate

c Court Recommendation Training should include confrontational scenarios of situations that require decision making then articulation by the officer as to the justification for the force used or not used

139Copyrighted by Dave Young

1990

Quezada v County of Bernalillo 944 F2d 710 (10th Cir 1991)

a The court ruled that an officer might be held liable for putting himself in a situation that requires him to use deadly force against an armed suicidal person

b This case involved an officer who left a position of cover to confront a suicidal subject

140Copyrighted by Dave Young

1990

141

Dave YoungFounder amp Director

ARMA Training

Website wwwarmatrainingcom772-913-1615

copyrighted by Dave Young 1994

Penetration Traumabull The unintended and most

undesirable outcome of an SIMS is penetration

bull SIMrsquos can cause Death or serious bodily injury

90

PenetrationPuncture ndash Entering the body

at arsquo90 degree angle breaking

thesurface of the skin

91

Target Areas

Unable to use a striking color baton chart

because the chart was used to identify areas of the body for impact and

injuries for striking a human which is MUCH less

force then deploying Specially Impact

Munitions92

Meat amp Muscle Areas

bull Primary target areas that when striking the human body will cause mild to intense pain with NO LONG LASTING INJURY

93

Primary Target Area ndash the target area

consisting of large muscle groupsbull Buttocks bull Thigh amp Calvesbull Lower Abdominal Areabull BicepsTricepsbull Forearm area

94

Meat amp Bone Areasbull Secondary target areas that when striking the human body will cause mild to intense pain with MINOR to LONG LASTING INJURY

95

Secondary target areas are skeletal areas ndash

preferred - may result in fractures

bull Shoulderbull Kneesbull Anklesbull Wrists bull Elbows

96

Bone amp Sensitive Areasbull Last resort target areas that when

striking the human body will cause intense pain with long lasting injury which MAY RESULT IN SERIOUS BODILY HARM WHICH MAY RESULT IN DEATH

97

Last Resort Target Area ndash the target area when

maximum effectiveness is desired to meet a level of

threat escalating to deadly force justification

bull Head amp Throatbull Chest (center mass)bull Solar plexusbull Groinbull Spinebull Lower back

98

99

100

Clothing

1 In colder climates where heavier clothing and jackets are worn rounds with higher energy capabilities will be required

2 In a case where the subject is lightly dressed pay close attention to munitions selection shot placement and engagement distance

3 In detention facilities and during civil disturbances the subjects may pad themselves in order to defeat the effects of SIM

101

Physical Stature and Condition ndash Is the subject heavy musculature or thin and skeletal age

1 250-pound muscular individual will more than likely be physiologically effected less than a 100-pound individual when both are struck in the sametarget area by SIM

2 The blunt trauma effects and the potential for penetration are much greater for the smallerperson 102

37MM Foam Baton-15 feet=WHOHOW12 ga Rubber Pellets HV- 22 feet= WHOHOW40MM Bean Bag-34 feet=WHOHOW

213

90 to 140 lbs 131 to 185 lbs 186 to 220 lbs (220 to 350+)

103

Immediate Surroundings 1Is there any person in the immediate area who

maybe at risk of a deflected or missed shot

2Identify your target backstop and beyond

104

Chapter 7

Intervention Options

THE FORCE CONTINUUM ndash WHEN TO USE SIMrsquos

bull Ladder of Forcebull Force Continuumbull Circle of Forcebull Force Modularbull Escalation of Force

106

107

OFFICER PRESENCE

bull Uniform Badge bull Dedicated Weapon Displayed

bull On a Slingbull Port Arms bull Ready Carry Position

108

Presence

109

Verbal Commands

bull Please stand over there bull Please sit down on the chairbull Stop put your hands downbull Ending with ldquoDo it nowrdquobull Professional Tone amp Attitude

110

NON-Verbal

111

Verbalization

112

SOFT PHYSICAL TECHNIQUES

bull Slight touching or guiding contact

bull Cupping an elbow to escort Lightly grabbing an arm or shoulder

bull AIMING WEAPON113

Aiming WeaponFinger OFF

Trigger

114

HARD PHYSICAL TECHNIQUES

bull Limb Control Techniquesbull Takedown Ground Stabilizationbull Dynamic Countermeasuresbull Impact Techniquesbull Electrical Devicesbull Hand held impact weapons bull Specialty Impact Munitions

115

Firing the Weapon116

DEADLY FORCE

bull Impact Weaponsbull SIM ndash Changing Aiming Point

bull Neck Restraintbull Firearm

117

Transitioning to

firearm

118

Chapter 8

Documentation

Documentationbull Collect all munitions expended and photographed when practical

ndashEvery CasingndashMark Misfired or Damaged rounds 120

Documentation

bull An inventory of munitions used and not used should be noted

ndashWhat was issued and went out

ndashWhat was fired and misfiredndashWhat was lost and not recovered 121

Documentation

bull A report should be written detailing the order in which the events occurred and the police actions that were required

122

Documentation

bull Report the effectiveness of the various types of SIMrsquos and their delivery systems

ndashWhat did I fire that didnrsquot

ndashWhat did I fire that did123

Documentationbull Document any injuries sustained and property damage incurred

ndashInjuries to SubjectndashOfficersndashBystanders

124

Documentationbull After the crowd has dispersed it

is necessary to move rapidly into the target area to remove lingering groups and to prevent the crowd from regrouping and continuing illegal activity

ndashFollow ThroughndashSecuring the Area

125

LIABILITY ISSUES

The court will decide whether the actions of the officers were

(1)Consistent with the limits set forth by the constitution federal and state laws

(2)Consistent with departmental policy and procedures

(3)Consistent with training the officer received to handle such situations

126

5 Important Questions to ASK

bull What was the distance angle and elevation

bull What was the construction of the round used

bull What was the size of the subjectbull What was the expected point of impactbull What was the training of the shooter

127

Questions the Court will ASK

(1) Look at the conduct of other officers who were present andor participated in the actions

(2) The conduct of supervisors who may have authorized the actions of officers

128

Questions the Court will ASK

(1) Were the actions of the officers consistent with their training

(2) Was the training adequate and acceptable by contemporary standards

If the officers were not trained does it amountto deliberate indifference on the part of the

agency 129

Was the actions of the officer

bull A trained techniquebull Was it a dynamic application of

the trained techniquebull Was it an untrained technique

justified under the circumstances

130

Case Law

Know your laws

Graham v Connor 490 US 386 (1989)

a The US Supreme Court case that defined the standard under which excessive force claims would be judged

(1) The standard established was that of objective reasonableness(2) Prior to this the standard was police behavior that shocks the conscienceldquo

bIn this case the court redefined and set forth a less subjective standard

132Copyrighted by Dave Young

1990

City of Canton v Harris 489 US 378 109 S Ct 1197 (1989)

a In this case a woman was arrested and did not receive necessary medical attention after a shift commander was made aware of her condition and decided she did not need medical attention

b Although on the face the City of Canton policy addressed medical issues they were grossly negligent in that they did not provide the shift commanders with the proper training to make such decisions 133

Copyrighted by Dave Young 1990

City of Canton v Harris 489 US 378 109 S Ct 1197 (1989)

c There were many issues that emerged from this case however the primary issue was that of failure to train on the part of the city That negligence amounted to being deliberately in different to the rights of the plaintiff

The implications of Canton v Harris can also go beyond training issues however the burden of proving the Standard of deliberate indifference is on the plaintiff and not easy to prove

d Court Recommendation The duties that officers are assigned to perform must be accompanied with adequate training to perform that function

134Copyrighted by Dave Young

1990

ONeal v DeKalb County GA 850 F2d 653 (11th Cir 1988)

a A mental subject stabbed 7 people before being confronted by the police After repeatedly ordering the subject to drop the knife and lay on the floor the subject rushed the officers and was shot to death

b The court ruled that the use of deadly force instead of non-lethal force against a knife wielding suspect was not malicious or unreasonable therefore not actionable by the plaintiffs

135Copyrighted by Dave Young

1990

Plakas v Drinski 19 F3rd 1143 (7th Cir 1994) cert Denied 115 S Ct 81 (1994)

This case involved the shooting of a suspect who was

wielding a fire poker When the officer attempted to

arrest him he charged the officer with the fire poker and

was shot by police

(1)Plaintiffs who sued on behalf of the deceased claimed the officer did not use other means of force available to him at that time listing disabling chemical spray a police dog and distance

136Copyrighted by Dave Young

1990

Plakas v Drinski 19 F3rd 1143 (7th Cir 1994) cert Denied 115 SCt 81 (1994)

(2) The court stated ldquothat to permit every jury in this type of case to hear expert testimony that the defendant would have been uninjured if only the police had been able to use disabling gas or a capture net or a electrical device

(a)A municipality is liable because it failed to buy this equipment

(b)The Constitution does not enact a police administratorrsquos

equipment listlsquordquo

(c) The court ruled that there is no legal precedent that requires an officer to utilize alternatives to deadly force

137Copyrighted by Dave Young

1990

Davis v Mason County 927 F2d 1473 (9th Cir 1991)

aThe court ruled that the department had adequate training on the technical components of the use of force but did not have adequate training on the constitutional limits of the use of force in effecting arrests

138Copyrighted by Dave Young

1990

Davis v Mason County 927 F2d 1473 (9th Cir 1991)

b In other words the officers were trained on the how but not on the why and when the force is appropriate

c Court Recommendation Training should include confrontational scenarios of situations that require decision making then articulation by the officer as to the justification for the force used or not used

139Copyrighted by Dave Young

1990

Quezada v County of Bernalillo 944 F2d 710 (10th Cir 1991)

a The court ruled that an officer might be held liable for putting himself in a situation that requires him to use deadly force against an armed suicidal person

b This case involved an officer who left a position of cover to confront a suicidal subject

140Copyrighted by Dave Young

1990

141

Dave YoungFounder amp Director

ARMA Training

Website wwwarmatrainingcom772-913-1615

copyrighted by Dave Young 1994

PenetrationPuncture ndash Entering the body

at arsquo90 degree angle breaking

thesurface of the skin

91

Target Areas

Unable to use a striking color baton chart

because the chart was used to identify areas of the body for impact and

injuries for striking a human which is MUCH less

force then deploying Specially Impact

Munitions92

Meat amp Muscle Areas

bull Primary target areas that when striking the human body will cause mild to intense pain with NO LONG LASTING INJURY

93

Primary Target Area ndash the target area

consisting of large muscle groupsbull Buttocks bull Thigh amp Calvesbull Lower Abdominal Areabull BicepsTricepsbull Forearm area

94

Meat amp Bone Areasbull Secondary target areas that when striking the human body will cause mild to intense pain with MINOR to LONG LASTING INJURY

95

Secondary target areas are skeletal areas ndash

preferred - may result in fractures

bull Shoulderbull Kneesbull Anklesbull Wrists bull Elbows

96

Bone amp Sensitive Areasbull Last resort target areas that when

striking the human body will cause intense pain with long lasting injury which MAY RESULT IN SERIOUS BODILY HARM WHICH MAY RESULT IN DEATH

97

Last Resort Target Area ndash the target area when

maximum effectiveness is desired to meet a level of

threat escalating to deadly force justification

bull Head amp Throatbull Chest (center mass)bull Solar plexusbull Groinbull Spinebull Lower back

98

99

100

Clothing

1 In colder climates where heavier clothing and jackets are worn rounds with higher energy capabilities will be required

2 In a case where the subject is lightly dressed pay close attention to munitions selection shot placement and engagement distance

3 In detention facilities and during civil disturbances the subjects may pad themselves in order to defeat the effects of SIM

101

Physical Stature and Condition ndash Is the subject heavy musculature or thin and skeletal age

1 250-pound muscular individual will more than likely be physiologically effected less than a 100-pound individual when both are struck in the sametarget area by SIM

2 The blunt trauma effects and the potential for penetration are much greater for the smallerperson 102

37MM Foam Baton-15 feet=WHOHOW12 ga Rubber Pellets HV- 22 feet= WHOHOW40MM Bean Bag-34 feet=WHOHOW

213

90 to 140 lbs 131 to 185 lbs 186 to 220 lbs (220 to 350+)

103

Immediate Surroundings 1Is there any person in the immediate area who

maybe at risk of a deflected or missed shot

2Identify your target backstop and beyond

104

Chapter 7

Intervention Options

THE FORCE CONTINUUM ndash WHEN TO USE SIMrsquos

bull Ladder of Forcebull Force Continuumbull Circle of Forcebull Force Modularbull Escalation of Force

106

107

OFFICER PRESENCE

bull Uniform Badge bull Dedicated Weapon Displayed

bull On a Slingbull Port Arms bull Ready Carry Position

108

Presence

109

Verbal Commands

bull Please stand over there bull Please sit down on the chairbull Stop put your hands downbull Ending with ldquoDo it nowrdquobull Professional Tone amp Attitude

110

NON-Verbal

111

Verbalization

112

SOFT PHYSICAL TECHNIQUES

bull Slight touching or guiding contact

bull Cupping an elbow to escort Lightly grabbing an arm or shoulder

bull AIMING WEAPON113

Aiming WeaponFinger OFF

Trigger

114

HARD PHYSICAL TECHNIQUES

bull Limb Control Techniquesbull Takedown Ground Stabilizationbull Dynamic Countermeasuresbull Impact Techniquesbull Electrical Devicesbull Hand held impact weapons bull Specialty Impact Munitions

115

Firing the Weapon116

DEADLY FORCE

bull Impact Weaponsbull SIM ndash Changing Aiming Point

bull Neck Restraintbull Firearm

117

Transitioning to

firearm

118

Chapter 8

Documentation

Documentationbull Collect all munitions expended and photographed when practical

ndashEvery CasingndashMark Misfired or Damaged rounds 120

Documentation

bull An inventory of munitions used and not used should be noted

ndashWhat was issued and went out

ndashWhat was fired and misfiredndashWhat was lost and not recovered 121

Documentation

bull A report should be written detailing the order in which the events occurred and the police actions that were required

122

Documentation

bull Report the effectiveness of the various types of SIMrsquos and their delivery systems

ndashWhat did I fire that didnrsquot

ndashWhat did I fire that did123

Documentationbull Document any injuries sustained and property damage incurred

ndashInjuries to SubjectndashOfficersndashBystanders

124

Documentationbull After the crowd has dispersed it

is necessary to move rapidly into the target area to remove lingering groups and to prevent the crowd from regrouping and continuing illegal activity

ndashFollow ThroughndashSecuring the Area

125

LIABILITY ISSUES

The court will decide whether the actions of the officers were

(1)Consistent with the limits set forth by the constitution federal and state laws

(2)Consistent with departmental policy and procedures

(3)Consistent with training the officer received to handle such situations

126

5 Important Questions to ASK

bull What was the distance angle and elevation

bull What was the construction of the round used

bull What was the size of the subjectbull What was the expected point of impactbull What was the training of the shooter

127

Questions the Court will ASK

(1) Look at the conduct of other officers who were present andor participated in the actions

(2) The conduct of supervisors who may have authorized the actions of officers

128

Questions the Court will ASK

(1) Were the actions of the officers consistent with their training

(2) Was the training adequate and acceptable by contemporary standards

If the officers were not trained does it amountto deliberate indifference on the part of the

agency 129

Was the actions of the officer

bull A trained techniquebull Was it a dynamic application of

the trained techniquebull Was it an untrained technique

justified under the circumstances

130

Case Law

Know your laws

Graham v Connor 490 US 386 (1989)

a The US Supreme Court case that defined the standard under which excessive force claims would be judged

(1) The standard established was that of objective reasonableness(2) Prior to this the standard was police behavior that shocks the conscienceldquo

bIn this case the court redefined and set forth a less subjective standard

132Copyrighted by Dave Young

1990

City of Canton v Harris 489 US 378 109 S Ct 1197 (1989)

a In this case a woman was arrested and did not receive necessary medical attention after a shift commander was made aware of her condition and decided she did not need medical attention

b Although on the face the City of Canton policy addressed medical issues they were grossly negligent in that they did not provide the shift commanders with the proper training to make such decisions 133

Copyrighted by Dave Young 1990

City of Canton v Harris 489 US 378 109 S Ct 1197 (1989)

c There were many issues that emerged from this case however the primary issue was that of failure to train on the part of the city That negligence amounted to being deliberately in different to the rights of the plaintiff

The implications of Canton v Harris can also go beyond training issues however the burden of proving the Standard of deliberate indifference is on the plaintiff and not easy to prove

d Court Recommendation The duties that officers are assigned to perform must be accompanied with adequate training to perform that function

134Copyrighted by Dave Young

1990

ONeal v DeKalb County GA 850 F2d 653 (11th Cir 1988)

a A mental subject stabbed 7 people before being confronted by the police After repeatedly ordering the subject to drop the knife and lay on the floor the subject rushed the officers and was shot to death

b The court ruled that the use of deadly force instead of non-lethal force against a knife wielding suspect was not malicious or unreasonable therefore not actionable by the plaintiffs

135Copyrighted by Dave Young

1990

Plakas v Drinski 19 F3rd 1143 (7th Cir 1994) cert Denied 115 S Ct 81 (1994)

This case involved the shooting of a suspect who was

wielding a fire poker When the officer attempted to

arrest him he charged the officer with the fire poker and

was shot by police

(1)Plaintiffs who sued on behalf of the deceased claimed the officer did not use other means of force available to him at that time listing disabling chemical spray a police dog and distance

136Copyrighted by Dave Young

1990

Plakas v Drinski 19 F3rd 1143 (7th Cir 1994) cert Denied 115 SCt 81 (1994)

(2) The court stated ldquothat to permit every jury in this type of case to hear expert testimony that the defendant would have been uninjured if only the police had been able to use disabling gas or a capture net or a electrical device

(a)A municipality is liable because it failed to buy this equipment

(b)The Constitution does not enact a police administratorrsquos

equipment listlsquordquo

(c) The court ruled that there is no legal precedent that requires an officer to utilize alternatives to deadly force

137Copyrighted by Dave Young

1990

Davis v Mason County 927 F2d 1473 (9th Cir 1991)

aThe court ruled that the department had adequate training on the technical components of the use of force but did not have adequate training on the constitutional limits of the use of force in effecting arrests

138Copyrighted by Dave Young

1990

Davis v Mason County 927 F2d 1473 (9th Cir 1991)

b In other words the officers were trained on the how but not on the why and when the force is appropriate

c Court Recommendation Training should include confrontational scenarios of situations that require decision making then articulation by the officer as to the justification for the force used or not used

139Copyrighted by Dave Young

1990

Quezada v County of Bernalillo 944 F2d 710 (10th Cir 1991)

a The court ruled that an officer might be held liable for putting himself in a situation that requires him to use deadly force against an armed suicidal person

b This case involved an officer who left a position of cover to confront a suicidal subject

140Copyrighted by Dave Young

1990

141

Dave YoungFounder amp Director

ARMA Training

Website wwwarmatrainingcom772-913-1615

copyrighted by Dave Young 1994

Target Areas

Unable to use a striking color baton chart

because the chart was used to identify areas of the body for impact and

injuries for striking a human which is MUCH less

force then deploying Specially Impact

Munitions92

Meat amp Muscle Areas

bull Primary target areas that when striking the human body will cause mild to intense pain with NO LONG LASTING INJURY

93

Primary Target Area ndash the target area

consisting of large muscle groupsbull Buttocks bull Thigh amp Calvesbull Lower Abdominal Areabull BicepsTricepsbull Forearm area

94

Meat amp Bone Areasbull Secondary target areas that when striking the human body will cause mild to intense pain with MINOR to LONG LASTING INJURY

95

Secondary target areas are skeletal areas ndash

preferred - may result in fractures

bull Shoulderbull Kneesbull Anklesbull Wrists bull Elbows

96

Bone amp Sensitive Areasbull Last resort target areas that when

striking the human body will cause intense pain with long lasting injury which MAY RESULT IN SERIOUS BODILY HARM WHICH MAY RESULT IN DEATH

97

Last Resort Target Area ndash the target area when

maximum effectiveness is desired to meet a level of

threat escalating to deadly force justification

bull Head amp Throatbull Chest (center mass)bull Solar plexusbull Groinbull Spinebull Lower back

98

99

100

Clothing

1 In colder climates where heavier clothing and jackets are worn rounds with higher energy capabilities will be required

2 In a case where the subject is lightly dressed pay close attention to munitions selection shot placement and engagement distance

3 In detention facilities and during civil disturbances the subjects may pad themselves in order to defeat the effects of SIM

101

Physical Stature and Condition ndash Is the subject heavy musculature or thin and skeletal age

1 250-pound muscular individual will more than likely be physiologically effected less than a 100-pound individual when both are struck in the sametarget area by SIM

2 The blunt trauma effects and the potential for penetration are much greater for the smallerperson 102

37MM Foam Baton-15 feet=WHOHOW12 ga Rubber Pellets HV- 22 feet= WHOHOW40MM Bean Bag-34 feet=WHOHOW

213

90 to 140 lbs 131 to 185 lbs 186 to 220 lbs (220 to 350+)

103

Immediate Surroundings 1Is there any person in the immediate area who

maybe at risk of a deflected or missed shot

2Identify your target backstop and beyond

104

Chapter 7

Intervention Options

THE FORCE CONTINUUM ndash WHEN TO USE SIMrsquos

bull Ladder of Forcebull Force Continuumbull Circle of Forcebull Force Modularbull Escalation of Force

106

107

OFFICER PRESENCE

bull Uniform Badge bull Dedicated Weapon Displayed

bull On a Slingbull Port Arms bull Ready Carry Position

108

Presence

109

Verbal Commands

bull Please stand over there bull Please sit down on the chairbull Stop put your hands downbull Ending with ldquoDo it nowrdquobull Professional Tone amp Attitude

110

NON-Verbal

111

Verbalization

112

SOFT PHYSICAL TECHNIQUES

bull Slight touching or guiding contact

bull Cupping an elbow to escort Lightly grabbing an arm or shoulder

bull AIMING WEAPON113

Aiming WeaponFinger OFF

Trigger

114

HARD PHYSICAL TECHNIQUES

bull Limb Control Techniquesbull Takedown Ground Stabilizationbull Dynamic Countermeasuresbull Impact Techniquesbull Electrical Devicesbull Hand held impact weapons bull Specialty Impact Munitions

115

Firing the Weapon116

DEADLY FORCE

bull Impact Weaponsbull SIM ndash Changing Aiming Point

bull Neck Restraintbull Firearm

117

Transitioning to

firearm

118

Chapter 8

Documentation

Documentationbull Collect all munitions expended and photographed when practical

ndashEvery CasingndashMark Misfired or Damaged rounds 120

Documentation

bull An inventory of munitions used and not used should be noted

ndashWhat was issued and went out

ndashWhat was fired and misfiredndashWhat was lost and not recovered 121

Documentation

bull A report should be written detailing the order in which the events occurred and the police actions that were required

122

Documentation

bull Report the effectiveness of the various types of SIMrsquos and their delivery systems

ndashWhat did I fire that didnrsquot

ndashWhat did I fire that did123

Documentationbull Document any injuries sustained and property damage incurred

ndashInjuries to SubjectndashOfficersndashBystanders

124

Documentationbull After the crowd has dispersed it

is necessary to move rapidly into the target area to remove lingering groups and to prevent the crowd from regrouping and continuing illegal activity

ndashFollow ThroughndashSecuring the Area

125

LIABILITY ISSUES

The court will decide whether the actions of the officers were

(1)Consistent with the limits set forth by the constitution federal and state laws

(2)Consistent with departmental policy and procedures

(3)Consistent with training the officer received to handle such situations

126

5 Important Questions to ASK

bull What was the distance angle and elevation

bull What was the construction of the round used

bull What was the size of the subjectbull What was the expected point of impactbull What was the training of the shooter

127

Questions the Court will ASK

(1) Look at the conduct of other officers who were present andor participated in the actions

(2) The conduct of supervisors who may have authorized the actions of officers

128

Questions the Court will ASK

(1) Were the actions of the officers consistent with their training

(2) Was the training adequate and acceptable by contemporary standards

If the officers were not trained does it amountto deliberate indifference on the part of the

agency 129

Was the actions of the officer

bull A trained techniquebull Was it a dynamic application of

the trained techniquebull Was it an untrained technique

justified under the circumstances

130

Case Law

Know your laws

Graham v Connor 490 US 386 (1989)

a The US Supreme Court case that defined the standard under which excessive force claims would be judged

(1) The standard established was that of objective reasonableness(2) Prior to this the standard was police behavior that shocks the conscienceldquo

bIn this case the court redefined and set forth a less subjective standard

132Copyrighted by Dave Young

1990

City of Canton v Harris 489 US 378 109 S Ct 1197 (1989)

a In this case a woman was arrested and did not receive necessary medical attention after a shift commander was made aware of her condition and decided she did not need medical attention

b Although on the face the City of Canton policy addressed medical issues they were grossly negligent in that they did not provide the shift commanders with the proper training to make such decisions 133

Copyrighted by Dave Young 1990

City of Canton v Harris 489 US 378 109 S Ct 1197 (1989)

c There were many issues that emerged from this case however the primary issue was that of failure to train on the part of the city That negligence amounted to being deliberately in different to the rights of the plaintiff

The implications of Canton v Harris can also go beyond training issues however the burden of proving the Standard of deliberate indifference is on the plaintiff and not easy to prove

d Court Recommendation The duties that officers are assigned to perform must be accompanied with adequate training to perform that function

134Copyrighted by Dave Young

1990

ONeal v DeKalb County GA 850 F2d 653 (11th Cir 1988)

a A mental subject stabbed 7 people before being confronted by the police After repeatedly ordering the subject to drop the knife and lay on the floor the subject rushed the officers and was shot to death

b The court ruled that the use of deadly force instead of non-lethal force against a knife wielding suspect was not malicious or unreasonable therefore not actionable by the plaintiffs

135Copyrighted by Dave Young

1990

Plakas v Drinski 19 F3rd 1143 (7th Cir 1994) cert Denied 115 S Ct 81 (1994)

This case involved the shooting of a suspect who was

wielding a fire poker When the officer attempted to

arrest him he charged the officer with the fire poker and

was shot by police

(1)Plaintiffs who sued on behalf of the deceased claimed the officer did not use other means of force available to him at that time listing disabling chemical spray a police dog and distance

136Copyrighted by Dave Young

1990

Plakas v Drinski 19 F3rd 1143 (7th Cir 1994) cert Denied 115 SCt 81 (1994)

(2) The court stated ldquothat to permit every jury in this type of case to hear expert testimony that the defendant would have been uninjured if only the police had been able to use disabling gas or a capture net or a electrical device

(a)A municipality is liable because it failed to buy this equipment

(b)The Constitution does not enact a police administratorrsquos

equipment listlsquordquo

(c) The court ruled that there is no legal precedent that requires an officer to utilize alternatives to deadly force

137Copyrighted by Dave Young

1990

Davis v Mason County 927 F2d 1473 (9th Cir 1991)

aThe court ruled that the department had adequate training on the technical components of the use of force but did not have adequate training on the constitutional limits of the use of force in effecting arrests

138Copyrighted by Dave Young

1990

Davis v Mason County 927 F2d 1473 (9th Cir 1991)

b In other words the officers were trained on the how but not on the why and when the force is appropriate

c Court Recommendation Training should include confrontational scenarios of situations that require decision making then articulation by the officer as to the justification for the force used or not used

139Copyrighted by Dave Young

1990

Quezada v County of Bernalillo 944 F2d 710 (10th Cir 1991)

a The court ruled that an officer might be held liable for putting himself in a situation that requires him to use deadly force against an armed suicidal person

b This case involved an officer who left a position of cover to confront a suicidal subject

140Copyrighted by Dave Young

1990

141

Dave YoungFounder amp Director

ARMA Training

Website wwwarmatrainingcom772-913-1615

copyrighted by Dave Young 1994

Meat amp Muscle Areas

bull Primary target areas that when striking the human body will cause mild to intense pain with NO LONG LASTING INJURY

93

Primary Target Area ndash the target area

consisting of large muscle groupsbull Buttocks bull Thigh amp Calvesbull Lower Abdominal Areabull BicepsTricepsbull Forearm area

94

Meat amp Bone Areasbull Secondary target areas that when striking the human body will cause mild to intense pain with MINOR to LONG LASTING INJURY

95

Secondary target areas are skeletal areas ndash

preferred - may result in fractures

bull Shoulderbull Kneesbull Anklesbull Wrists bull Elbows

96

Bone amp Sensitive Areasbull Last resort target areas that when

striking the human body will cause intense pain with long lasting injury which MAY RESULT IN SERIOUS BODILY HARM WHICH MAY RESULT IN DEATH

97

Last Resort Target Area ndash the target area when

maximum effectiveness is desired to meet a level of

threat escalating to deadly force justification

bull Head amp Throatbull Chest (center mass)bull Solar plexusbull Groinbull Spinebull Lower back

98

99

100

Clothing

1 In colder climates where heavier clothing and jackets are worn rounds with higher energy capabilities will be required

2 In a case where the subject is lightly dressed pay close attention to munitions selection shot placement and engagement distance

3 In detention facilities and during civil disturbances the subjects may pad themselves in order to defeat the effects of SIM

101

Physical Stature and Condition ndash Is the subject heavy musculature or thin and skeletal age

1 250-pound muscular individual will more than likely be physiologically effected less than a 100-pound individual when both are struck in the sametarget area by SIM

2 The blunt trauma effects and the potential for penetration are much greater for the smallerperson 102

37MM Foam Baton-15 feet=WHOHOW12 ga Rubber Pellets HV- 22 feet= WHOHOW40MM Bean Bag-34 feet=WHOHOW

213

90 to 140 lbs 131 to 185 lbs 186 to 220 lbs (220 to 350+)

103

Immediate Surroundings 1Is there any person in the immediate area who

maybe at risk of a deflected or missed shot

2Identify your target backstop and beyond

104

Chapter 7

Intervention Options

THE FORCE CONTINUUM ndash WHEN TO USE SIMrsquos

bull Ladder of Forcebull Force Continuumbull Circle of Forcebull Force Modularbull Escalation of Force

106

107

OFFICER PRESENCE

bull Uniform Badge bull Dedicated Weapon Displayed

bull On a Slingbull Port Arms bull Ready Carry Position

108

Presence

109

Verbal Commands

bull Please stand over there bull Please sit down on the chairbull Stop put your hands downbull Ending with ldquoDo it nowrdquobull Professional Tone amp Attitude

110

NON-Verbal

111

Verbalization

112

SOFT PHYSICAL TECHNIQUES

bull Slight touching or guiding contact

bull Cupping an elbow to escort Lightly grabbing an arm or shoulder

bull AIMING WEAPON113

Aiming WeaponFinger OFF

Trigger

114

HARD PHYSICAL TECHNIQUES

bull Limb Control Techniquesbull Takedown Ground Stabilizationbull Dynamic Countermeasuresbull Impact Techniquesbull Electrical Devicesbull Hand held impact weapons bull Specialty Impact Munitions

115

Firing the Weapon116

DEADLY FORCE

bull Impact Weaponsbull SIM ndash Changing Aiming Point

bull Neck Restraintbull Firearm

117

Transitioning to

firearm

118

Chapter 8

Documentation

Documentationbull Collect all munitions expended and photographed when practical

ndashEvery CasingndashMark Misfired or Damaged rounds 120

Documentation

bull An inventory of munitions used and not used should be noted

ndashWhat was issued and went out

ndashWhat was fired and misfiredndashWhat was lost and not recovered 121

Documentation

bull A report should be written detailing the order in which the events occurred and the police actions that were required

122

Documentation

bull Report the effectiveness of the various types of SIMrsquos and their delivery systems

ndashWhat did I fire that didnrsquot

ndashWhat did I fire that did123

Documentationbull Document any injuries sustained and property damage incurred

ndashInjuries to SubjectndashOfficersndashBystanders

124

Documentationbull After the crowd has dispersed it

is necessary to move rapidly into the target area to remove lingering groups and to prevent the crowd from regrouping and continuing illegal activity

ndashFollow ThroughndashSecuring the Area

125

LIABILITY ISSUES

The court will decide whether the actions of the officers were

(1)Consistent with the limits set forth by the constitution federal and state laws

(2)Consistent with departmental policy and procedures

(3)Consistent with training the officer received to handle such situations

126

5 Important Questions to ASK

bull What was the distance angle and elevation

bull What was the construction of the round used

bull What was the size of the subjectbull What was the expected point of impactbull What was the training of the shooter

127

Questions the Court will ASK

(1) Look at the conduct of other officers who were present andor participated in the actions

(2) The conduct of supervisors who may have authorized the actions of officers

128

Questions the Court will ASK

(1) Were the actions of the officers consistent with their training

(2) Was the training adequate and acceptable by contemporary standards

If the officers were not trained does it amountto deliberate indifference on the part of the

agency 129

Was the actions of the officer

bull A trained techniquebull Was it a dynamic application of

the trained techniquebull Was it an untrained technique

justified under the circumstances

130

Case Law

Know your laws

Graham v Connor 490 US 386 (1989)

a The US Supreme Court case that defined the standard under which excessive force claims would be judged

(1) The standard established was that of objective reasonableness(2) Prior to this the standard was police behavior that shocks the conscienceldquo

bIn this case the court redefined and set forth a less subjective standard

132Copyrighted by Dave Young

1990

City of Canton v Harris 489 US 378 109 S Ct 1197 (1989)

a In this case a woman was arrested and did not receive necessary medical attention after a shift commander was made aware of her condition and decided she did not need medical attention

b Although on the face the City of Canton policy addressed medical issues they were grossly negligent in that they did not provide the shift commanders with the proper training to make such decisions 133

Copyrighted by Dave Young 1990

City of Canton v Harris 489 US 378 109 S Ct 1197 (1989)

c There were many issues that emerged from this case however the primary issue was that of failure to train on the part of the city That negligence amounted to being deliberately in different to the rights of the plaintiff

The implications of Canton v Harris can also go beyond training issues however the burden of proving the Standard of deliberate indifference is on the plaintiff and not easy to prove

d Court Recommendation The duties that officers are assigned to perform must be accompanied with adequate training to perform that function

134Copyrighted by Dave Young

1990

ONeal v DeKalb County GA 850 F2d 653 (11th Cir 1988)

a A mental subject stabbed 7 people before being confronted by the police After repeatedly ordering the subject to drop the knife and lay on the floor the subject rushed the officers and was shot to death

b The court ruled that the use of deadly force instead of non-lethal force against a knife wielding suspect was not malicious or unreasonable therefore not actionable by the plaintiffs

135Copyrighted by Dave Young

1990

Plakas v Drinski 19 F3rd 1143 (7th Cir 1994) cert Denied 115 S Ct 81 (1994)

This case involved the shooting of a suspect who was

wielding a fire poker When the officer attempted to

arrest him he charged the officer with the fire poker and

was shot by police

(1)Plaintiffs who sued on behalf of the deceased claimed the officer did not use other means of force available to him at that time listing disabling chemical spray a police dog and distance

136Copyrighted by Dave Young

1990

Plakas v Drinski 19 F3rd 1143 (7th Cir 1994) cert Denied 115 SCt 81 (1994)

(2) The court stated ldquothat to permit every jury in this type of case to hear expert testimony that the defendant would have been uninjured if only the police had been able to use disabling gas or a capture net or a electrical device

(a)A municipality is liable because it failed to buy this equipment

(b)The Constitution does not enact a police administratorrsquos

equipment listlsquordquo

(c) The court ruled that there is no legal precedent that requires an officer to utilize alternatives to deadly force

137Copyrighted by Dave Young

1990

Davis v Mason County 927 F2d 1473 (9th Cir 1991)

aThe court ruled that the department had adequate training on the technical components of the use of force but did not have adequate training on the constitutional limits of the use of force in effecting arrests

138Copyrighted by Dave Young

1990

Davis v Mason County 927 F2d 1473 (9th Cir 1991)

b In other words the officers were trained on the how but not on the why and when the force is appropriate

c Court Recommendation Training should include confrontational scenarios of situations that require decision making then articulation by the officer as to the justification for the force used or not used

139Copyrighted by Dave Young

1990

Quezada v County of Bernalillo 944 F2d 710 (10th Cir 1991)

a The court ruled that an officer might be held liable for putting himself in a situation that requires him to use deadly force against an armed suicidal person

b This case involved an officer who left a position of cover to confront a suicidal subject

140Copyrighted by Dave Young

1990

141

Dave YoungFounder amp Director

ARMA Training

Website wwwarmatrainingcom772-913-1615

copyrighted by Dave Young 1994

Primary Target Area ndash the target area

consisting of large muscle groupsbull Buttocks bull Thigh amp Calvesbull Lower Abdominal Areabull BicepsTricepsbull Forearm area

94

Meat amp Bone Areasbull Secondary target areas that when striking the human body will cause mild to intense pain with MINOR to LONG LASTING INJURY

95

Secondary target areas are skeletal areas ndash

preferred - may result in fractures

bull Shoulderbull Kneesbull Anklesbull Wrists bull Elbows

96

Bone amp Sensitive Areasbull Last resort target areas that when

striking the human body will cause intense pain with long lasting injury which MAY RESULT IN SERIOUS BODILY HARM WHICH MAY RESULT IN DEATH

97

Last Resort Target Area ndash the target area when

maximum effectiveness is desired to meet a level of

threat escalating to deadly force justification

bull Head amp Throatbull Chest (center mass)bull Solar plexusbull Groinbull Spinebull Lower back

98

99

100

Clothing

1 In colder climates where heavier clothing and jackets are worn rounds with higher energy capabilities will be required

2 In a case where the subject is lightly dressed pay close attention to munitions selection shot placement and engagement distance

3 In detention facilities and during civil disturbances the subjects may pad themselves in order to defeat the effects of SIM

101

Physical Stature and Condition ndash Is the subject heavy musculature or thin and skeletal age

1 250-pound muscular individual will more than likely be physiologically effected less than a 100-pound individual when both are struck in the sametarget area by SIM

2 The blunt trauma effects and the potential for penetration are much greater for the smallerperson 102

37MM Foam Baton-15 feet=WHOHOW12 ga Rubber Pellets HV- 22 feet= WHOHOW40MM Bean Bag-34 feet=WHOHOW

213

90 to 140 lbs 131 to 185 lbs 186 to 220 lbs (220 to 350+)

103

Immediate Surroundings 1Is there any person in the immediate area who

maybe at risk of a deflected or missed shot

2Identify your target backstop and beyond

104

Chapter 7

Intervention Options

THE FORCE CONTINUUM ndash WHEN TO USE SIMrsquos

bull Ladder of Forcebull Force Continuumbull Circle of Forcebull Force Modularbull Escalation of Force

106

107

OFFICER PRESENCE

bull Uniform Badge bull Dedicated Weapon Displayed

bull On a Slingbull Port Arms bull Ready Carry Position

108

Presence

109

Verbal Commands

bull Please stand over there bull Please sit down on the chairbull Stop put your hands downbull Ending with ldquoDo it nowrdquobull Professional Tone amp Attitude

110

NON-Verbal

111

Verbalization

112

SOFT PHYSICAL TECHNIQUES

bull Slight touching or guiding contact

bull Cupping an elbow to escort Lightly grabbing an arm or shoulder

bull AIMING WEAPON113

Aiming WeaponFinger OFF

Trigger

114

HARD PHYSICAL TECHNIQUES

bull Limb Control Techniquesbull Takedown Ground Stabilizationbull Dynamic Countermeasuresbull Impact Techniquesbull Electrical Devicesbull Hand held impact weapons bull Specialty Impact Munitions

115

Firing the Weapon116

DEADLY FORCE

bull Impact Weaponsbull SIM ndash Changing Aiming Point

bull Neck Restraintbull Firearm

117

Transitioning to

firearm

118

Chapter 8

Documentation

Documentationbull Collect all munitions expended and photographed when practical

ndashEvery CasingndashMark Misfired or Damaged rounds 120

Documentation

bull An inventory of munitions used and not used should be noted

ndashWhat was issued and went out

ndashWhat was fired and misfiredndashWhat was lost and not recovered 121

Documentation

bull A report should be written detailing the order in which the events occurred and the police actions that were required

122

Documentation

bull Report the effectiveness of the various types of SIMrsquos and their delivery systems

ndashWhat did I fire that didnrsquot

ndashWhat did I fire that did123

Documentationbull Document any injuries sustained and property damage incurred

ndashInjuries to SubjectndashOfficersndashBystanders

124

Documentationbull After the crowd has dispersed it

is necessary to move rapidly into the target area to remove lingering groups and to prevent the crowd from regrouping and continuing illegal activity

ndashFollow ThroughndashSecuring the Area

125

LIABILITY ISSUES

The court will decide whether the actions of the officers were

(1)Consistent with the limits set forth by the constitution federal and state laws

(2)Consistent with departmental policy and procedures

(3)Consistent with training the officer received to handle such situations

126

5 Important Questions to ASK

bull What was the distance angle and elevation

bull What was the construction of the round used

bull What was the size of the subjectbull What was the expected point of impactbull What was the training of the shooter

127

Questions the Court will ASK

(1) Look at the conduct of other officers who were present andor participated in the actions

(2) The conduct of supervisors who may have authorized the actions of officers

128

Questions the Court will ASK

(1) Were the actions of the officers consistent with their training

(2) Was the training adequate and acceptable by contemporary standards

If the officers were not trained does it amountto deliberate indifference on the part of the

agency 129

Was the actions of the officer

bull A trained techniquebull Was it a dynamic application of

the trained techniquebull Was it an untrained technique

justified under the circumstances

130

Case Law

Know your laws

Graham v Connor 490 US 386 (1989)

a The US Supreme Court case that defined the standard under which excessive force claims would be judged

(1) The standard established was that of objective reasonableness(2) Prior to this the standard was police behavior that shocks the conscienceldquo

bIn this case the court redefined and set forth a less subjective standard

132Copyrighted by Dave Young

1990

City of Canton v Harris 489 US 378 109 S Ct 1197 (1989)

a In this case a woman was arrested and did not receive necessary medical attention after a shift commander was made aware of her condition and decided she did not need medical attention

b Although on the face the City of Canton policy addressed medical issues they were grossly negligent in that they did not provide the shift commanders with the proper training to make such decisions 133

Copyrighted by Dave Young 1990

City of Canton v Harris 489 US 378 109 S Ct 1197 (1989)

c There were many issues that emerged from this case however the primary issue was that of failure to train on the part of the city That negligence amounted to being deliberately in different to the rights of the plaintiff

The implications of Canton v Harris can also go beyond training issues however the burden of proving the Standard of deliberate indifference is on the plaintiff and not easy to prove

d Court Recommendation The duties that officers are assigned to perform must be accompanied with adequate training to perform that function

134Copyrighted by Dave Young

1990

ONeal v DeKalb County GA 850 F2d 653 (11th Cir 1988)

a A mental subject stabbed 7 people before being confronted by the police After repeatedly ordering the subject to drop the knife and lay on the floor the subject rushed the officers and was shot to death

b The court ruled that the use of deadly force instead of non-lethal force against a knife wielding suspect was not malicious or unreasonable therefore not actionable by the plaintiffs

135Copyrighted by Dave Young

1990

Plakas v Drinski 19 F3rd 1143 (7th Cir 1994) cert Denied 115 S Ct 81 (1994)

This case involved the shooting of a suspect who was

wielding a fire poker When the officer attempted to

arrest him he charged the officer with the fire poker and

was shot by police

(1)Plaintiffs who sued on behalf of the deceased claimed the officer did not use other means of force available to him at that time listing disabling chemical spray a police dog and distance

136Copyrighted by Dave Young

1990

Plakas v Drinski 19 F3rd 1143 (7th Cir 1994) cert Denied 115 SCt 81 (1994)

(2) The court stated ldquothat to permit every jury in this type of case to hear expert testimony that the defendant would have been uninjured if only the police had been able to use disabling gas or a capture net or a electrical device

(a)A municipality is liable because it failed to buy this equipment

(b)The Constitution does not enact a police administratorrsquos

equipment listlsquordquo

(c) The court ruled that there is no legal precedent that requires an officer to utilize alternatives to deadly force

137Copyrighted by Dave Young

1990

Davis v Mason County 927 F2d 1473 (9th Cir 1991)

aThe court ruled that the department had adequate training on the technical components of the use of force but did not have adequate training on the constitutional limits of the use of force in effecting arrests

138Copyrighted by Dave Young

1990

Davis v Mason County 927 F2d 1473 (9th Cir 1991)

b In other words the officers were trained on the how but not on the why and when the force is appropriate

c Court Recommendation Training should include confrontational scenarios of situations that require decision making then articulation by the officer as to the justification for the force used or not used

139Copyrighted by Dave Young

1990

Quezada v County of Bernalillo 944 F2d 710 (10th Cir 1991)

a The court ruled that an officer might be held liable for putting himself in a situation that requires him to use deadly force against an armed suicidal person

b This case involved an officer who left a position of cover to confront a suicidal subject

140Copyrighted by Dave Young

1990

141

Dave YoungFounder amp Director

ARMA Training

Website wwwarmatrainingcom772-913-1615

copyrighted by Dave Young 1994

Meat amp Bone Areasbull Secondary target areas that when striking the human body will cause mild to intense pain with MINOR to LONG LASTING INJURY

95

Secondary target areas are skeletal areas ndash

preferred - may result in fractures

bull Shoulderbull Kneesbull Anklesbull Wrists bull Elbows

96

Bone amp Sensitive Areasbull Last resort target areas that when

striking the human body will cause intense pain with long lasting injury which MAY RESULT IN SERIOUS BODILY HARM WHICH MAY RESULT IN DEATH

97

Last Resort Target Area ndash the target area when

maximum effectiveness is desired to meet a level of

threat escalating to deadly force justification

bull Head amp Throatbull Chest (center mass)bull Solar plexusbull Groinbull Spinebull Lower back

98

99

100

Clothing

1 In colder climates where heavier clothing and jackets are worn rounds with higher energy capabilities will be required

2 In a case where the subject is lightly dressed pay close attention to munitions selection shot placement and engagement distance

3 In detention facilities and during civil disturbances the subjects may pad themselves in order to defeat the effects of SIM

101

Physical Stature and Condition ndash Is the subject heavy musculature or thin and skeletal age

1 250-pound muscular individual will more than likely be physiologically effected less than a 100-pound individual when both are struck in the sametarget area by SIM

2 The blunt trauma effects and the potential for penetration are much greater for the smallerperson 102

37MM Foam Baton-15 feet=WHOHOW12 ga Rubber Pellets HV- 22 feet= WHOHOW40MM Bean Bag-34 feet=WHOHOW

213

90 to 140 lbs 131 to 185 lbs 186 to 220 lbs (220 to 350+)

103

Immediate Surroundings 1Is there any person in the immediate area who

maybe at risk of a deflected or missed shot

2Identify your target backstop and beyond

104

Chapter 7

Intervention Options

THE FORCE CONTINUUM ndash WHEN TO USE SIMrsquos

bull Ladder of Forcebull Force Continuumbull Circle of Forcebull Force Modularbull Escalation of Force

106

107

OFFICER PRESENCE

bull Uniform Badge bull Dedicated Weapon Displayed

bull On a Slingbull Port Arms bull Ready Carry Position

108

Presence

109

Verbal Commands

bull Please stand over there bull Please sit down on the chairbull Stop put your hands downbull Ending with ldquoDo it nowrdquobull Professional Tone amp Attitude

110

NON-Verbal

111

Verbalization

112

SOFT PHYSICAL TECHNIQUES

bull Slight touching or guiding contact

bull Cupping an elbow to escort Lightly grabbing an arm or shoulder

bull AIMING WEAPON113

Aiming WeaponFinger OFF

Trigger

114

HARD PHYSICAL TECHNIQUES

bull Limb Control Techniquesbull Takedown Ground Stabilizationbull Dynamic Countermeasuresbull Impact Techniquesbull Electrical Devicesbull Hand held impact weapons bull Specialty Impact Munitions

115

Firing the Weapon116

DEADLY FORCE

bull Impact Weaponsbull SIM ndash Changing Aiming Point

bull Neck Restraintbull Firearm

117

Transitioning to

firearm

118

Chapter 8

Documentation

Documentationbull Collect all munitions expended and photographed when practical

ndashEvery CasingndashMark Misfired or Damaged rounds 120

Documentation

bull An inventory of munitions used and not used should be noted

ndashWhat was issued and went out

ndashWhat was fired and misfiredndashWhat was lost and not recovered 121

Documentation

bull A report should be written detailing the order in which the events occurred and the police actions that were required

122

Documentation

bull Report the effectiveness of the various types of SIMrsquos and their delivery systems

ndashWhat did I fire that didnrsquot

ndashWhat did I fire that did123

Documentationbull Document any injuries sustained and property damage incurred

ndashInjuries to SubjectndashOfficersndashBystanders

124

Documentationbull After the crowd has dispersed it

is necessary to move rapidly into the target area to remove lingering groups and to prevent the crowd from regrouping and continuing illegal activity

ndashFollow ThroughndashSecuring the Area

125

LIABILITY ISSUES

The court will decide whether the actions of the officers were

(1)Consistent with the limits set forth by the constitution federal and state laws

(2)Consistent with departmental policy and procedures

(3)Consistent with training the officer received to handle such situations

126

5 Important Questions to ASK

bull What was the distance angle and elevation

bull What was the construction of the round used

bull What was the size of the subjectbull What was the expected point of impactbull What was the training of the shooter

127

Questions the Court will ASK

(1) Look at the conduct of other officers who were present andor participated in the actions

(2) The conduct of supervisors who may have authorized the actions of officers

128

Questions the Court will ASK

(1) Were the actions of the officers consistent with their training

(2) Was the training adequate and acceptable by contemporary standards

If the officers were not trained does it amountto deliberate indifference on the part of the

agency 129

Was the actions of the officer

bull A trained techniquebull Was it a dynamic application of

the trained techniquebull Was it an untrained technique

justified under the circumstances

130

Case Law

Know your laws

Graham v Connor 490 US 386 (1989)

a The US Supreme Court case that defined the standard under which excessive force claims would be judged

(1) The standard established was that of objective reasonableness(2) Prior to this the standard was police behavior that shocks the conscienceldquo

bIn this case the court redefined and set forth a less subjective standard

132Copyrighted by Dave Young

1990

City of Canton v Harris 489 US 378 109 S Ct 1197 (1989)

a In this case a woman was arrested and did not receive necessary medical attention after a shift commander was made aware of her condition and decided she did not need medical attention

b Although on the face the City of Canton policy addressed medical issues they were grossly negligent in that they did not provide the shift commanders with the proper training to make such decisions 133

Copyrighted by Dave Young 1990

City of Canton v Harris 489 US 378 109 S Ct 1197 (1989)

c There were many issues that emerged from this case however the primary issue was that of failure to train on the part of the city That negligence amounted to being deliberately in different to the rights of the plaintiff

The implications of Canton v Harris can also go beyond training issues however the burden of proving the Standard of deliberate indifference is on the plaintiff and not easy to prove

d Court Recommendation The duties that officers are assigned to perform must be accompanied with adequate training to perform that function

134Copyrighted by Dave Young

1990

ONeal v DeKalb County GA 850 F2d 653 (11th Cir 1988)

a A mental subject stabbed 7 people before being confronted by the police After repeatedly ordering the subject to drop the knife and lay on the floor the subject rushed the officers and was shot to death

b The court ruled that the use of deadly force instead of non-lethal force against a knife wielding suspect was not malicious or unreasonable therefore not actionable by the plaintiffs

135Copyrighted by Dave Young

1990

Plakas v Drinski 19 F3rd 1143 (7th Cir 1994) cert Denied 115 S Ct 81 (1994)

This case involved the shooting of a suspect who was

wielding a fire poker When the officer attempted to

arrest him he charged the officer with the fire poker and

was shot by police

(1)Plaintiffs who sued on behalf of the deceased claimed the officer did not use other means of force available to him at that time listing disabling chemical spray a police dog and distance

136Copyrighted by Dave Young

1990

Plakas v Drinski 19 F3rd 1143 (7th Cir 1994) cert Denied 115 SCt 81 (1994)

(2) The court stated ldquothat to permit every jury in this type of case to hear expert testimony that the defendant would have been uninjured if only the police had been able to use disabling gas or a capture net or a electrical device

(a)A municipality is liable because it failed to buy this equipment

(b)The Constitution does not enact a police administratorrsquos

equipment listlsquordquo

(c) The court ruled that there is no legal precedent that requires an officer to utilize alternatives to deadly force

137Copyrighted by Dave Young

1990

Davis v Mason County 927 F2d 1473 (9th Cir 1991)

aThe court ruled that the department had adequate training on the technical components of the use of force but did not have adequate training on the constitutional limits of the use of force in effecting arrests

138Copyrighted by Dave Young

1990

Davis v Mason County 927 F2d 1473 (9th Cir 1991)

b In other words the officers were trained on the how but not on the why and when the force is appropriate

c Court Recommendation Training should include confrontational scenarios of situations that require decision making then articulation by the officer as to the justification for the force used or not used

139Copyrighted by Dave Young

1990

Quezada v County of Bernalillo 944 F2d 710 (10th Cir 1991)

a The court ruled that an officer might be held liable for putting himself in a situation that requires him to use deadly force against an armed suicidal person

b This case involved an officer who left a position of cover to confront a suicidal subject

140Copyrighted by Dave Young

1990

141

Dave YoungFounder amp Director

ARMA Training

Website wwwarmatrainingcom772-913-1615

copyrighted by Dave Young 1994

Secondary target areas are skeletal areas ndash

preferred - may result in fractures

bull Shoulderbull Kneesbull Anklesbull Wrists bull Elbows

96

Bone amp Sensitive Areasbull Last resort target areas that when

striking the human body will cause intense pain with long lasting injury which MAY RESULT IN SERIOUS BODILY HARM WHICH MAY RESULT IN DEATH

97

Last Resort Target Area ndash the target area when

maximum effectiveness is desired to meet a level of

threat escalating to deadly force justification

bull Head amp Throatbull Chest (center mass)bull Solar plexusbull Groinbull Spinebull Lower back

98

99

100

Clothing

1 In colder climates where heavier clothing and jackets are worn rounds with higher energy capabilities will be required

2 In a case where the subject is lightly dressed pay close attention to munitions selection shot placement and engagement distance

3 In detention facilities and during civil disturbances the subjects may pad themselves in order to defeat the effects of SIM

101

Physical Stature and Condition ndash Is the subject heavy musculature or thin and skeletal age

1 250-pound muscular individual will more than likely be physiologically effected less than a 100-pound individual when both are struck in the sametarget area by SIM

2 The blunt trauma effects and the potential for penetration are much greater for the smallerperson 102

37MM Foam Baton-15 feet=WHOHOW12 ga Rubber Pellets HV- 22 feet= WHOHOW40MM Bean Bag-34 feet=WHOHOW

213

90 to 140 lbs 131 to 185 lbs 186 to 220 lbs (220 to 350+)

103

Immediate Surroundings 1Is there any person in the immediate area who

maybe at risk of a deflected or missed shot

2Identify your target backstop and beyond

104

Chapter 7

Intervention Options

THE FORCE CONTINUUM ndash WHEN TO USE SIMrsquos

bull Ladder of Forcebull Force Continuumbull Circle of Forcebull Force Modularbull Escalation of Force

106

107

OFFICER PRESENCE

bull Uniform Badge bull Dedicated Weapon Displayed

bull On a Slingbull Port Arms bull Ready Carry Position

108

Presence

109

Verbal Commands

bull Please stand over there bull Please sit down on the chairbull Stop put your hands downbull Ending with ldquoDo it nowrdquobull Professional Tone amp Attitude

110

NON-Verbal

111

Verbalization

112

SOFT PHYSICAL TECHNIQUES

bull Slight touching or guiding contact

bull Cupping an elbow to escort Lightly grabbing an arm or shoulder

bull AIMING WEAPON113

Aiming WeaponFinger OFF

Trigger

114

HARD PHYSICAL TECHNIQUES

bull Limb Control Techniquesbull Takedown Ground Stabilizationbull Dynamic Countermeasuresbull Impact Techniquesbull Electrical Devicesbull Hand held impact weapons bull Specialty Impact Munitions

115

Firing the Weapon116

DEADLY FORCE

bull Impact Weaponsbull SIM ndash Changing Aiming Point

bull Neck Restraintbull Firearm

117

Transitioning to

firearm

118

Chapter 8

Documentation

Documentationbull Collect all munitions expended and photographed when practical

ndashEvery CasingndashMark Misfired or Damaged rounds 120

Documentation

bull An inventory of munitions used and not used should be noted

ndashWhat was issued and went out

ndashWhat was fired and misfiredndashWhat was lost and not recovered 121

Documentation

bull A report should be written detailing the order in which the events occurred and the police actions that were required

122

Documentation

bull Report the effectiveness of the various types of SIMrsquos and their delivery systems

ndashWhat did I fire that didnrsquot

ndashWhat did I fire that did123

Documentationbull Document any injuries sustained and property damage incurred

ndashInjuries to SubjectndashOfficersndashBystanders

124

Documentationbull After the crowd has dispersed it

is necessary to move rapidly into the target area to remove lingering groups and to prevent the crowd from regrouping and continuing illegal activity

ndashFollow ThroughndashSecuring the Area

125

LIABILITY ISSUES

The court will decide whether the actions of the officers were

(1)Consistent with the limits set forth by the constitution federal and state laws

(2)Consistent with departmental policy and procedures

(3)Consistent with training the officer received to handle such situations

126

5 Important Questions to ASK

bull What was the distance angle and elevation

bull What was the construction of the round used

bull What was the size of the subjectbull What was the expected point of impactbull What was the training of the shooter

127

Questions the Court will ASK

(1) Look at the conduct of other officers who were present andor participated in the actions

(2) The conduct of supervisors who may have authorized the actions of officers

128

Questions the Court will ASK

(1) Were the actions of the officers consistent with their training

(2) Was the training adequate and acceptable by contemporary standards

If the officers were not trained does it amountto deliberate indifference on the part of the

agency 129

Was the actions of the officer

bull A trained techniquebull Was it a dynamic application of

the trained techniquebull Was it an untrained technique

justified under the circumstances

130

Case Law

Know your laws

Graham v Connor 490 US 386 (1989)

a The US Supreme Court case that defined the standard under which excessive force claims would be judged

(1) The standard established was that of objective reasonableness(2) Prior to this the standard was police behavior that shocks the conscienceldquo

bIn this case the court redefined and set forth a less subjective standard

132Copyrighted by Dave Young

1990

City of Canton v Harris 489 US 378 109 S Ct 1197 (1989)

a In this case a woman was arrested and did not receive necessary medical attention after a shift commander was made aware of her condition and decided she did not need medical attention

b Although on the face the City of Canton policy addressed medical issues they were grossly negligent in that they did not provide the shift commanders with the proper training to make such decisions 133

Copyrighted by Dave Young 1990

City of Canton v Harris 489 US 378 109 S Ct 1197 (1989)

c There were many issues that emerged from this case however the primary issue was that of failure to train on the part of the city That negligence amounted to being deliberately in different to the rights of the plaintiff

The implications of Canton v Harris can also go beyond training issues however the burden of proving the Standard of deliberate indifference is on the plaintiff and not easy to prove

d Court Recommendation The duties that officers are assigned to perform must be accompanied with adequate training to perform that function

134Copyrighted by Dave Young

1990

ONeal v DeKalb County GA 850 F2d 653 (11th Cir 1988)

a A mental subject stabbed 7 people before being confronted by the police After repeatedly ordering the subject to drop the knife and lay on the floor the subject rushed the officers and was shot to death

b The court ruled that the use of deadly force instead of non-lethal force against a knife wielding suspect was not malicious or unreasonable therefore not actionable by the plaintiffs

135Copyrighted by Dave Young

1990

Plakas v Drinski 19 F3rd 1143 (7th Cir 1994) cert Denied 115 S Ct 81 (1994)

This case involved the shooting of a suspect who was

wielding a fire poker When the officer attempted to

arrest him he charged the officer with the fire poker and

was shot by police

(1)Plaintiffs who sued on behalf of the deceased claimed the officer did not use other means of force available to him at that time listing disabling chemical spray a police dog and distance

136Copyrighted by Dave Young

1990

Plakas v Drinski 19 F3rd 1143 (7th Cir 1994) cert Denied 115 SCt 81 (1994)

(2) The court stated ldquothat to permit every jury in this type of case to hear expert testimony that the defendant would have been uninjured if only the police had been able to use disabling gas or a capture net or a electrical device

(a)A municipality is liable because it failed to buy this equipment

(b)The Constitution does not enact a police administratorrsquos

equipment listlsquordquo

(c) The court ruled that there is no legal precedent that requires an officer to utilize alternatives to deadly force

137Copyrighted by Dave Young

1990

Davis v Mason County 927 F2d 1473 (9th Cir 1991)

aThe court ruled that the department had adequate training on the technical components of the use of force but did not have adequate training on the constitutional limits of the use of force in effecting arrests

138Copyrighted by Dave Young

1990

Davis v Mason County 927 F2d 1473 (9th Cir 1991)

b In other words the officers were trained on the how but not on the why and when the force is appropriate

c Court Recommendation Training should include confrontational scenarios of situations that require decision making then articulation by the officer as to the justification for the force used or not used

139Copyrighted by Dave Young

1990

Quezada v County of Bernalillo 944 F2d 710 (10th Cir 1991)

a The court ruled that an officer might be held liable for putting himself in a situation that requires him to use deadly force against an armed suicidal person

b This case involved an officer who left a position of cover to confront a suicidal subject

140Copyrighted by Dave Young

1990

141

Dave YoungFounder amp Director

ARMA Training

Website wwwarmatrainingcom772-913-1615

copyrighted by Dave Young 1994

Bone amp Sensitive Areasbull Last resort target areas that when

striking the human body will cause intense pain with long lasting injury which MAY RESULT IN SERIOUS BODILY HARM WHICH MAY RESULT IN DEATH

97

Last Resort Target Area ndash the target area when

maximum effectiveness is desired to meet a level of

threat escalating to deadly force justification

bull Head amp Throatbull Chest (center mass)bull Solar plexusbull Groinbull Spinebull Lower back

98

99

100

Clothing

1 In colder climates where heavier clothing and jackets are worn rounds with higher energy capabilities will be required

2 In a case where the subject is lightly dressed pay close attention to munitions selection shot placement and engagement distance

3 In detention facilities and during civil disturbances the subjects may pad themselves in order to defeat the effects of SIM

101

Physical Stature and Condition ndash Is the subject heavy musculature or thin and skeletal age

1 250-pound muscular individual will more than likely be physiologically effected less than a 100-pound individual when both are struck in the sametarget area by SIM

2 The blunt trauma effects and the potential for penetration are much greater for the smallerperson 102

37MM Foam Baton-15 feet=WHOHOW12 ga Rubber Pellets HV- 22 feet= WHOHOW40MM Bean Bag-34 feet=WHOHOW

213

90 to 140 lbs 131 to 185 lbs 186 to 220 lbs (220 to 350+)

103

Immediate Surroundings 1Is there any person in the immediate area who

maybe at risk of a deflected or missed shot

2Identify your target backstop and beyond

104

Chapter 7

Intervention Options

THE FORCE CONTINUUM ndash WHEN TO USE SIMrsquos

bull Ladder of Forcebull Force Continuumbull Circle of Forcebull Force Modularbull Escalation of Force

106

107

OFFICER PRESENCE

bull Uniform Badge bull Dedicated Weapon Displayed

bull On a Slingbull Port Arms bull Ready Carry Position

108

Presence

109

Verbal Commands

bull Please stand over there bull Please sit down on the chairbull Stop put your hands downbull Ending with ldquoDo it nowrdquobull Professional Tone amp Attitude

110

NON-Verbal

111

Verbalization

112

SOFT PHYSICAL TECHNIQUES

bull Slight touching or guiding contact

bull Cupping an elbow to escort Lightly grabbing an arm or shoulder

bull AIMING WEAPON113

Aiming WeaponFinger OFF

Trigger

114

HARD PHYSICAL TECHNIQUES

bull Limb Control Techniquesbull Takedown Ground Stabilizationbull Dynamic Countermeasuresbull Impact Techniquesbull Electrical Devicesbull Hand held impact weapons bull Specialty Impact Munitions

115

Firing the Weapon116

DEADLY FORCE

bull Impact Weaponsbull SIM ndash Changing Aiming Point

bull Neck Restraintbull Firearm

117

Transitioning to

firearm

118

Chapter 8

Documentation

Documentationbull Collect all munitions expended and photographed when practical

ndashEvery CasingndashMark Misfired or Damaged rounds 120

Documentation

bull An inventory of munitions used and not used should be noted

ndashWhat was issued and went out

ndashWhat was fired and misfiredndashWhat was lost and not recovered 121

Documentation

bull A report should be written detailing the order in which the events occurred and the police actions that were required

122

Documentation

bull Report the effectiveness of the various types of SIMrsquos and their delivery systems

ndashWhat did I fire that didnrsquot

ndashWhat did I fire that did123

Documentationbull Document any injuries sustained and property damage incurred

ndashInjuries to SubjectndashOfficersndashBystanders

124

Documentationbull After the crowd has dispersed it

is necessary to move rapidly into the target area to remove lingering groups and to prevent the crowd from regrouping and continuing illegal activity

ndashFollow ThroughndashSecuring the Area

125

LIABILITY ISSUES

The court will decide whether the actions of the officers were

(1)Consistent with the limits set forth by the constitution federal and state laws

(2)Consistent with departmental policy and procedures

(3)Consistent with training the officer received to handle such situations

126

5 Important Questions to ASK

bull What was the distance angle and elevation

bull What was the construction of the round used

bull What was the size of the subjectbull What was the expected point of impactbull What was the training of the shooter

127

Questions the Court will ASK

(1) Look at the conduct of other officers who were present andor participated in the actions

(2) The conduct of supervisors who may have authorized the actions of officers

128

Questions the Court will ASK

(1) Were the actions of the officers consistent with their training

(2) Was the training adequate and acceptable by contemporary standards

If the officers were not trained does it amountto deliberate indifference on the part of the

agency 129

Was the actions of the officer

bull A trained techniquebull Was it a dynamic application of

the trained techniquebull Was it an untrained technique

justified under the circumstances

130

Case Law

Know your laws

Graham v Connor 490 US 386 (1989)

a The US Supreme Court case that defined the standard under which excessive force claims would be judged

(1) The standard established was that of objective reasonableness(2) Prior to this the standard was police behavior that shocks the conscienceldquo

bIn this case the court redefined and set forth a less subjective standard

132Copyrighted by Dave Young

1990

City of Canton v Harris 489 US 378 109 S Ct 1197 (1989)

a In this case a woman was arrested and did not receive necessary medical attention after a shift commander was made aware of her condition and decided she did not need medical attention

b Although on the face the City of Canton policy addressed medical issues they were grossly negligent in that they did not provide the shift commanders with the proper training to make such decisions 133

Copyrighted by Dave Young 1990

City of Canton v Harris 489 US 378 109 S Ct 1197 (1989)

c There were many issues that emerged from this case however the primary issue was that of failure to train on the part of the city That negligence amounted to being deliberately in different to the rights of the plaintiff

The implications of Canton v Harris can also go beyond training issues however the burden of proving the Standard of deliberate indifference is on the plaintiff and not easy to prove

d Court Recommendation The duties that officers are assigned to perform must be accompanied with adequate training to perform that function

134Copyrighted by Dave Young

1990

ONeal v DeKalb County GA 850 F2d 653 (11th Cir 1988)

a A mental subject stabbed 7 people before being confronted by the police After repeatedly ordering the subject to drop the knife and lay on the floor the subject rushed the officers and was shot to death

b The court ruled that the use of deadly force instead of non-lethal force against a knife wielding suspect was not malicious or unreasonable therefore not actionable by the plaintiffs

135Copyrighted by Dave Young

1990

Plakas v Drinski 19 F3rd 1143 (7th Cir 1994) cert Denied 115 S Ct 81 (1994)

This case involved the shooting of a suspect who was

wielding a fire poker When the officer attempted to

arrest him he charged the officer with the fire poker and

was shot by police

(1)Plaintiffs who sued on behalf of the deceased claimed the officer did not use other means of force available to him at that time listing disabling chemical spray a police dog and distance

136Copyrighted by Dave Young

1990

Plakas v Drinski 19 F3rd 1143 (7th Cir 1994) cert Denied 115 SCt 81 (1994)

(2) The court stated ldquothat to permit every jury in this type of case to hear expert testimony that the defendant would have been uninjured if only the police had been able to use disabling gas or a capture net or a electrical device

(a)A municipality is liable because it failed to buy this equipment

(b)The Constitution does not enact a police administratorrsquos

equipment listlsquordquo

(c) The court ruled that there is no legal precedent that requires an officer to utilize alternatives to deadly force

137Copyrighted by Dave Young

1990

Davis v Mason County 927 F2d 1473 (9th Cir 1991)

aThe court ruled that the department had adequate training on the technical components of the use of force but did not have adequate training on the constitutional limits of the use of force in effecting arrests

138Copyrighted by Dave Young

1990

Davis v Mason County 927 F2d 1473 (9th Cir 1991)

b In other words the officers were trained on the how but not on the why and when the force is appropriate

c Court Recommendation Training should include confrontational scenarios of situations that require decision making then articulation by the officer as to the justification for the force used or not used

139Copyrighted by Dave Young

1990

Quezada v County of Bernalillo 944 F2d 710 (10th Cir 1991)

a The court ruled that an officer might be held liable for putting himself in a situation that requires him to use deadly force against an armed suicidal person

b This case involved an officer who left a position of cover to confront a suicidal subject

140Copyrighted by Dave Young

1990

141

Dave YoungFounder amp Director

ARMA Training

Website wwwarmatrainingcom772-913-1615

copyrighted by Dave Young 1994

Last Resort Target Area ndash the target area when

maximum effectiveness is desired to meet a level of

threat escalating to deadly force justification

bull Head amp Throatbull Chest (center mass)bull Solar plexusbull Groinbull Spinebull Lower back

98

99

100

Clothing

1 In colder climates where heavier clothing and jackets are worn rounds with higher energy capabilities will be required

2 In a case where the subject is lightly dressed pay close attention to munitions selection shot placement and engagement distance

3 In detention facilities and during civil disturbances the subjects may pad themselves in order to defeat the effects of SIM

101

Physical Stature and Condition ndash Is the subject heavy musculature or thin and skeletal age

1 250-pound muscular individual will more than likely be physiologically effected less than a 100-pound individual when both are struck in the sametarget area by SIM

2 The blunt trauma effects and the potential for penetration are much greater for the smallerperson 102

37MM Foam Baton-15 feet=WHOHOW12 ga Rubber Pellets HV- 22 feet= WHOHOW40MM Bean Bag-34 feet=WHOHOW

213

90 to 140 lbs 131 to 185 lbs 186 to 220 lbs (220 to 350+)

103

Immediate Surroundings 1Is there any person in the immediate area who

maybe at risk of a deflected or missed shot

2Identify your target backstop and beyond

104

Chapter 7

Intervention Options

THE FORCE CONTINUUM ndash WHEN TO USE SIMrsquos

bull Ladder of Forcebull Force Continuumbull Circle of Forcebull Force Modularbull Escalation of Force

106

107

OFFICER PRESENCE

bull Uniform Badge bull Dedicated Weapon Displayed

bull On a Slingbull Port Arms bull Ready Carry Position

108

Presence

109

Verbal Commands

bull Please stand over there bull Please sit down on the chairbull Stop put your hands downbull Ending with ldquoDo it nowrdquobull Professional Tone amp Attitude

110

NON-Verbal

111

Verbalization

112

SOFT PHYSICAL TECHNIQUES

bull Slight touching or guiding contact

bull Cupping an elbow to escort Lightly grabbing an arm or shoulder

bull AIMING WEAPON113

Aiming WeaponFinger OFF

Trigger

114

HARD PHYSICAL TECHNIQUES

bull Limb Control Techniquesbull Takedown Ground Stabilizationbull Dynamic Countermeasuresbull Impact Techniquesbull Electrical Devicesbull Hand held impact weapons bull Specialty Impact Munitions

115

Firing the Weapon116

DEADLY FORCE

bull Impact Weaponsbull SIM ndash Changing Aiming Point

bull Neck Restraintbull Firearm

117

Transitioning to

firearm

118

Chapter 8

Documentation

Documentationbull Collect all munitions expended and photographed when practical

ndashEvery CasingndashMark Misfired or Damaged rounds 120

Documentation

bull An inventory of munitions used and not used should be noted

ndashWhat was issued and went out

ndashWhat was fired and misfiredndashWhat was lost and not recovered 121

Documentation

bull A report should be written detailing the order in which the events occurred and the police actions that were required

122

Documentation

bull Report the effectiveness of the various types of SIMrsquos and their delivery systems

ndashWhat did I fire that didnrsquot

ndashWhat did I fire that did123

Documentationbull Document any injuries sustained and property damage incurred

ndashInjuries to SubjectndashOfficersndashBystanders

124

Documentationbull After the crowd has dispersed it

is necessary to move rapidly into the target area to remove lingering groups and to prevent the crowd from regrouping and continuing illegal activity

ndashFollow ThroughndashSecuring the Area

125

LIABILITY ISSUES

The court will decide whether the actions of the officers were

(1)Consistent with the limits set forth by the constitution federal and state laws

(2)Consistent with departmental policy and procedures

(3)Consistent with training the officer received to handle such situations

126

5 Important Questions to ASK

bull What was the distance angle and elevation

bull What was the construction of the round used

bull What was the size of the subjectbull What was the expected point of impactbull What was the training of the shooter

127

Questions the Court will ASK

(1) Look at the conduct of other officers who were present andor participated in the actions

(2) The conduct of supervisors who may have authorized the actions of officers

128

Questions the Court will ASK

(1) Were the actions of the officers consistent with their training

(2) Was the training adequate and acceptable by contemporary standards

If the officers were not trained does it amountto deliberate indifference on the part of the

agency 129

Was the actions of the officer

bull A trained techniquebull Was it a dynamic application of

the trained techniquebull Was it an untrained technique

justified under the circumstances

130

Case Law

Know your laws

Graham v Connor 490 US 386 (1989)

a The US Supreme Court case that defined the standard under which excessive force claims would be judged

(1) The standard established was that of objective reasonableness(2) Prior to this the standard was police behavior that shocks the conscienceldquo

bIn this case the court redefined and set forth a less subjective standard

132Copyrighted by Dave Young

1990

City of Canton v Harris 489 US 378 109 S Ct 1197 (1989)

a In this case a woman was arrested and did not receive necessary medical attention after a shift commander was made aware of her condition and decided she did not need medical attention

b Although on the face the City of Canton policy addressed medical issues they were grossly negligent in that they did not provide the shift commanders with the proper training to make such decisions 133

Copyrighted by Dave Young 1990

City of Canton v Harris 489 US 378 109 S Ct 1197 (1989)

c There were many issues that emerged from this case however the primary issue was that of failure to train on the part of the city That negligence amounted to being deliberately in different to the rights of the plaintiff

The implications of Canton v Harris can also go beyond training issues however the burden of proving the Standard of deliberate indifference is on the plaintiff and not easy to prove

d Court Recommendation The duties that officers are assigned to perform must be accompanied with adequate training to perform that function

134Copyrighted by Dave Young

1990

ONeal v DeKalb County GA 850 F2d 653 (11th Cir 1988)

a A mental subject stabbed 7 people before being confronted by the police After repeatedly ordering the subject to drop the knife and lay on the floor the subject rushed the officers and was shot to death

b The court ruled that the use of deadly force instead of non-lethal force against a knife wielding suspect was not malicious or unreasonable therefore not actionable by the plaintiffs

135Copyrighted by Dave Young

1990

Plakas v Drinski 19 F3rd 1143 (7th Cir 1994) cert Denied 115 S Ct 81 (1994)

This case involved the shooting of a suspect who was

wielding a fire poker When the officer attempted to

arrest him he charged the officer with the fire poker and

was shot by police

(1)Plaintiffs who sued on behalf of the deceased claimed the officer did not use other means of force available to him at that time listing disabling chemical spray a police dog and distance

136Copyrighted by Dave Young

1990

Plakas v Drinski 19 F3rd 1143 (7th Cir 1994) cert Denied 115 SCt 81 (1994)

(2) The court stated ldquothat to permit every jury in this type of case to hear expert testimony that the defendant would have been uninjured if only the police had been able to use disabling gas or a capture net or a electrical device

(a)A municipality is liable because it failed to buy this equipment

(b)The Constitution does not enact a police administratorrsquos

equipment listlsquordquo

(c) The court ruled that there is no legal precedent that requires an officer to utilize alternatives to deadly force

137Copyrighted by Dave Young

1990

Davis v Mason County 927 F2d 1473 (9th Cir 1991)

aThe court ruled that the department had adequate training on the technical components of the use of force but did not have adequate training on the constitutional limits of the use of force in effecting arrests

138Copyrighted by Dave Young

1990

Davis v Mason County 927 F2d 1473 (9th Cir 1991)

b In other words the officers were trained on the how but not on the why and when the force is appropriate

c Court Recommendation Training should include confrontational scenarios of situations that require decision making then articulation by the officer as to the justification for the force used or not used

139Copyrighted by Dave Young

1990

Quezada v County of Bernalillo 944 F2d 710 (10th Cir 1991)

a The court ruled that an officer might be held liable for putting himself in a situation that requires him to use deadly force against an armed suicidal person

b This case involved an officer who left a position of cover to confront a suicidal subject

140Copyrighted by Dave Young

1990

141

Dave YoungFounder amp Director

ARMA Training

Website wwwarmatrainingcom772-913-1615

copyrighted by Dave Young 1994

99

100

Clothing

1 In colder climates where heavier clothing and jackets are worn rounds with higher energy capabilities will be required

2 In a case where the subject is lightly dressed pay close attention to munitions selection shot placement and engagement distance

3 In detention facilities and during civil disturbances the subjects may pad themselves in order to defeat the effects of SIM

101

Physical Stature and Condition ndash Is the subject heavy musculature or thin and skeletal age

1 250-pound muscular individual will more than likely be physiologically effected less than a 100-pound individual when both are struck in the sametarget area by SIM

2 The blunt trauma effects and the potential for penetration are much greater for the smallerperson 102

37MM Foam Baton-15 feet=WHOHOW12 ga Rubber Pellets HV- 22 feet= WHOHOW40MM Bean Bag-34 feet=WHOHOW

213

90 to 140 lbs 131 to 185 lbs 186 to 220 lbs (220 to 350+)

103

Immediate Surroundings 1Is there any person in the immediate area who

maybe at risk of a deflected or missed shot

2Identify your target backstop and beyond

104

Chapter 7

Intervention Options

THE FORCE CONTINUUM ndash WHEN TO USE SIMrsquos

bull Ladder of Forcebull Force Continuumbull Circle of Forcebull Force Modularbull Escalation of Force

106

107

OFFICER PRESENCE

bull Uniform Badge bull Dedicated Weapon Displayed

bull On a Slingbull Port Arms bull Ready Carry Position

108

Presence

109

Verbal Commands

bull Please stand over there bull Please sit down on the chairbull Stop put your hands downbull Ending with ldquoDo it nowrdquobull Professional Tone amp Attitude

110

NON-Verbal

111

Verbalization

112

SOFT PHYSICAL TECHNIQUES

bull Slight touching or guiding contact

bull Cupping an elbow to escort Lightly grabbing an arm or shoulder

bull AIMING WEAPON113

Aiming WeaponFinger OFF

Trigger

114

HARD PHYSICAL TECHNIQUES

bull Limb Control Techniquesbull Takedown Ground Stabilizationbull Dynamic Countermeasuresbull Impact Techniquesbull Electrical Devicesbull Hand held impact weapons bull Specialty Impact Munitions

115

Firing the Weapon116

DEADLY FORCE

bull Impact Weaponsbull SIM ndash Changing Aiming Point

bull Neck Restraintbull Firearm

117

Transitioning to

firearm

118

Chapter 8

Documentation

Documentationbull Collect all munitions expended and photographed when practical

ndashEvery CasingndashMark Misfired or Damaged rounds 120

Documentation

bull An inventory of munitions used and not used should be noted

ndashWhat was issued and went out

ndashWhat was fired and misfiredndashWhat was lost and not recovered 121

Documentation

bull A report should be written detailing the order in which the events occurred and the police actions that were required

122

Documentation

bull Report the effectiveness of the various types of SIMrsquos and their delivery systems

ndashWhat did I fire that didnrsquot

ndashWhat did I fire that did123

Documentationbull Document any injuries sustained and property damage incurred

ndashInjuries to SubjectndashOfficersndashBystanders

124

Documentationbull After the crowd has dispersed it

is necessary to move rapidly into the target area to remove lingering groups and to prevent the crowd from regrouping and continuing illegal activity

ndashFollow ThroughndashSecuring the Area

125

LIABILITY ISSUES

The court will decide whether the actions of the officers were

(1)Consistent with the limits set forth by the constitution federal and state laws

(2)Consistent with departmental policy and procedures

(3)Consistent with training the officer received to handle such situations

126

5 Important Questions to ASK

bull What was the distance angle and elevation

bull What was the construction of the round used

bull What was the size of the subjectbull What was the expected point of impactbull What was the training of the shooter

127

Questions the Court will ASK

(1) Look at the conduct of other officers who were present andor participated in the actions

(2) The conduct of supervisors who may have authorized the actions of officers

128

Questions the Court will ASK

(1) Were the actions of the officers consistent with their training

(2) Was the training adequate and acceptable by contemporary standards

If the officers were not trained does it amountto deliberate indifference on the part of the

agency 129

Was the actions of the officer

bull A trained techniquebull Was it a dynamic application of

the trained techniquebull Was it an untrained technique

justified under the circumstances

130

Case Law

Know your laws

Graham v Connor 490 US 386 (1989)

a The US Supreme Court case that defined the standard under which excessive force claims would be judged

(1) The standard established was that of objective reasonableness(2) Prior to this the standard was police behavior that shocks the conscienceldquo

bIn this case the court redefined and set forth a less subjective standard

132Copyrighted by Dave Young

1990

City of Canton v Harris 489 US 378 109 S Ct 1197 (1989)

a In this case a woman was arrested and did not receive necessary medical attention after a shift commander was made aware of her condition and decided she did not need medical attention

b Although on the face the City of Canton policy addressed medical issues they were grossly negligent in that they did not provide the shift commanders with the proper training to make such decisions 133

Copyrighted by Dave Young 1990

City of Canton v Harris 489 US 378 109 S Ct 1197 (1989)

c There were many issues that emerged from this case however the primary issue was that of failure to train on the part of the city That negligence amounted to being deliberately in different to the rights of the plaintiff

The implications of Canton v Harris can also go beyond training issues however the burden of proving the Standard of deliberate indifference is on the plaintiff and not easy to prove

d Court Recommendation The duties that officers are assigned to perform must be accompanied with adequate training to perform that function

134Copyrighted by Dave Young

1990

ONeal v DeKalb County GA 850 F2d 653 (11th Cir 1988)

a A mental subject stabbed 7 people before being confronted by the police After repeatedly ordering the subject to drop the knife and lay on the floor the subject rushed the officers and was shot to death

b The court ruled that the use of deadly force instead of non-lethal force against a knife wielding suspect was not malicious or unreasonable therefore not actionable by the plaintiffs

135Copyrighted by Dave Young

1990

Plakas v Drinski 19 F3rd 1143 (7th Cir 1994) cert Denied 115 S Ct 81 (1994)

This case involved the shooting of a suspect who was

wielding a fire poker When the officer attempted to

arrest him he charged the officer with the fire poker and

was shot by police

(1)Plaintiffs who sued on behalf of the deceased claimed the officer did not use other means of force available to him at that time listing disabling chemical spray a police dog and distance

136Copyrighted by Dave Young

1990

Plakas v Drinski 19 F3rd 1143 (7th Cir 1994) cert Denied 115 SCt 81 (1994)

(2) The court stated ldquothat to permit every jury in this type of case to hear expert testimony that the defendant would have been uninjured if only the police had been able to use disabling gas or a capture net or a electrical device

(a)A municipality is liable because it failed to buy this equipment

(b)The Constitution does not enact a police administratorrsquos

equipment listlsquordquo

(c) The court ruled that there is no legal precedent that requires an officer to utilize alternatives to deadly force

137Copyrighted by Dave Young

1990

Davis v Mason County 927 F2d 1473 (9th Cir 1991)

aThe court ruled that the department had adequate training on the technical components of the use of force but did not have adequate training on the constitutional limits of the use of force in effecting arrests

138Copyrighted by Dave Young

1990

Davis v Mason County 927 F2d 1473 (9th Cir 1991)

b In other words the officers were trained on the how but not on the why and when the force is appropriate

c Court Recommendation Training should include confrontational scenarios of situations that require decision making then articulation by the officer as to the justification for the force used or not used

139Copyrighted by Dave Young

1990

Quezada v County of Bernalillo 944 F2d 710 (10th Cir 1991)

a The court ruled that an officer might be held liable for putting himself in a situation that requires him to use deadly force against an armed suicidal person

b This case involved an officer who left a position of cover to confront a suicidal subject

140Copyrighted by Dave Young

1990

141

Dave YoungFounder amp Director

ARMA Training

Website wwwarmatrainingcom772-913-1615

copyrighted by Dave Young 1994

100

Clothing

1 In colder climates where heavier clothing and jackets are worn rounds with higher energy capabilities will be required

2 In a case where the subject is lightly dressed pay close attention to munitions selection shot placement and engagement distance

3 In detention facilities and during civil disturbances the subjects may pad themselves in order to defeat the effects of SIM

101

Physical Stature and Condition ndash Is the subject heavy musculature or thin and skeletal age

1 250-pound muscular individual will more than likely be physiologically effected less than a 100-pound individual when both are struck in the sametarget area by SIM

2 The blunt trauma effects and the potential for penetration are much greater for the smallerperson 102

37MM Foam Baton-15 feet=WHOHOW12 ga Rubber Pellets HV- 22 feet= WHOHOW40MM Bean Bag-34 feet=WHOHOW

213

90 to 140 lbs 131 to 185 lbs 186 to 220 lbs (220 to 350+)

103

Immediate Surroundings 1Is there any person in the immediate area who

maybe at risk of a deflected or missed shot

2Identify your target backstop and beyond

104

Chapter 7

Intervention Options

THE FORCE CONTINUUM ndash WHEN TO USE SIMrsquos

bull Ladder of Forcebull Force Continuumbull Circle of Forcebull Force Modularbull Escalation of Force

106

107

OFFICER PRESENCE

bull Uniform Badge bull Dedicated Weapon Displayed

bull On a Slingbull Port Arms bull Ready Carry Position

108

Presence

109

Verbal Commands

bull Please stand over there bull Please sit down on the chairbull Stop put your hands downbull Ending with ldquoDo it nowrdquobull Professional Tone amp Attitude

110

NON-Verbal

111

Verbalization

112

SOFT PHYSICAL TECHNIQUES

bull Slight touching or guiding contact

bull Cupping an elbow to escort Lightly grabbing an arm or shoulder

bull AIMING WEAPON113

Aiming WeaponFinger OFF

Trigger

114

HARD PHYSICAL TECHNIQUES

bull Limb Control Techniquesbull Takedown Ground Stabilizationbull Dynamic Countermeasuresbull Impact Techniquesbull Electrical Devicesbull Hand held impact weapons bull Specialty Impact Munitions

115

Firing the Weapon116

DEADLY FORCE

bull Impact Weaponsbull SIM ndash Changing Aiming Point

bull Neck Restraintbull Firearm

117

Transitioning to

firearm

118

Chapter 8

Documentation

Documentationbull Collect all munitions expended and photographed when practical

ndashEvery CasingndashMark Misfired or Damaged rounds 120

Documentation

bull An inventory of munitions used and not used should be noted

ndashWhat was issued and went out

ndashWhat was fired and misfiredndashWhat was lost and not recovered 121

Documentation

bull A report should be written detailing the order in which the events occurred and the police actions that were required

122

Documentation

bull Report the effectiveness of the various types of SIMrsquos and their delivery systems

ndashWhat did I fire that didnrsquot

ndashWhat did I fire that did123

Documentationbull Document any injuries sustained and property damage incurred

ndashInjuries to SubjectndashOfficersndashBystanders

124

Documentationbull After the crowd has dispersed it

is necessary to move rapidly into the target area to remove lingering groups and to prevent the crowd from regrouping and continuing illegal activity

ndashFollow ThroughndashSecuring the Area

125

LIABILITY ISSUES

The court will decide whether the actions of the officers were

(1)Consistent with the limits set forth by the constitution federal and state laws

(2)Consistent with departmental policy and procedures

(3)Consistent with training the officer received to handle such situations

126

5 Important Questions to ASK

bull What was the distance angle and elevation

bull What was the construction of the round used

bull What was the size of the subjectbull What was the expected point of impactbull What was the training of the shooter

127

Questions the Court will ASK

(1) Look at the conduct of other officers who were present andor participated in the actions

(2) The conduct of supervisors who may have authorized the actions of officers

128

Questions the Court will ASK

(1) Were the actions of the officers consistent with their training

(2) Was the training adequate and acceptable by contemporary standards

If the officers were not trained does it amountto deliberate indifference on the part of the

agency 129

Was the actions of the officer

bull A trained techniquebull Was it a dynamic application of

the trained techniquebull Was it an untrained technique

justified under the circumstances

130

Case Law

Know your laws

Graham v Connor 490 US 386 (1989)

a The US Supreme Court case that defined the standard under which excessive force claims would be judged

(1) The standard established was that of objective reasonableness(2) Prior to this the standard was police behavior that shocks the conscienceldquo

bIn this case the court redefined and set forth a less subjective standard

132Copyrighted by Dave Young

1990

City of Canton v Harris 489 US 378 109 S Ct 1197 (1989)

a In this case a woman was arrested and did not receive necessary medical attention after a shift commander was made aware of her condition and decided she did not need medical attention

b Although on the face the City of Canton policy addressed medical issues they were grossly negligent in that they did not provide the shift commanders with the proper training to make such decisions 133

Copyrighted by Dave Young 1990

City of Canton v Harris 489 US 378 109 S Ct 1197 (1989)

c There were many issues that emerged from this case however the primary issue was that of failure to train on the part of the city That negligence amounted to being deliberately in different to the rights of the plaintiff

The implications of Canton v Harris can also go beyond training issues however the burden of proving the Standard of deliberate indifference is on the plaintiff and not easy to prove

d Court Recommendation The duties that officers are assigned to perform must be accompanied with adequate training to perform that function

134Copyrighted by Dave Young

1990

ONeal v DeKalb County GA 850 F2d 653 (11th Cir 1988)

a A mental subject stabbed 7 people before being confronted by the police After repeatedly ordering the subject to drop the knife and lay on the floor the subject rushed the officers and was shot to death

b The court ruled that the use of deadly force instead of non-lethal force against a knife wielding suspect was not malicious or unreasonable therefore not actionable by the plaintiffs

135Copyrighted by Dave Young

1990

Plakas v Drinski 19 F3rd 1143 (7th Cir 1994) cert Denied 115 S Ct 81 (1994)

This case involved the shooting of a suspect who was

wielding a fire poker When the officer attempted to

arrest him he charged the officer with the fire poker and

was shot by police

(1)Plaintiffs who sued on behalf of the deceased claimed the officer did not use other means of force available to him at that time listing disabling chemical spray a police dog and distance

136Copyrighted by Dave Young

1990

Plakas v Drinski 19 F3rd 1143 (7th Cir 1994) cert Denied 115 SCt 81 (1994)

(2) The court stated ldquothat to permit every jury in this type of case to hear expert testimony that the defendant would have been uninjured if only the police had been able to use disabling gas or a capture net or a electrical device

(a)A municipality is liable because it failed to buy this equipment

(b)The Constitution does not enact a police administratorrsquos

equipment listlsquordquo

(c) The court ruled that there is no legal precedent that requires an officer to utilize alternatives to deadly force

137Copyrighted by Dave Young

1990

Davis v Mason County 927 F2d 1473 (9th Cir 1991)

aThe court ruled that the department had adequate training on the technical components of the use of force but did not have adequate training on the constitutional limits of the use of force in effecting arrests

138Copyrighted by Dave Young

1990

Davis v Mason County 927 F2d 1473 (9th Cir 1991)

b In other words the officers were trained on the how but not on the why and when the force is appropriate

c Court Recommendation Training should include confrontational scenarios of situations that require decision making then articulation by the officer as to the justification for the force used or not used

139Copyrighted by Dave Young

1990

Quezada v County of Bernalillo 944 F2d 710 (10th Cir 1991)

a The court ruled that an officer might be held liable for putting himself in a situation that requires him to use deadly force against an armed suicidal person

b This case involved an officer who left a position of cover to confront a suicidal subject

140Copyrighted by Dave Young

1990

141

Dave YoungFounder amp Director

ARMA Training

Website wwwarmatrainingcom772-913-1615

copyrighted by Dave Young 1994

Clothing

1 In colder climates where heavier clothing and jackets are worn rounds with higher energy capabilities will be required

2 In a case where the subject is lightly dressed pay close attention to munitions selection shot placement and engagement distance

3 In detention facilities and during civil disturbances the subjects may pad themselves in order to defeat the effects of SIM

101

Physical Stature and Condition ndash Is the subject heavy musculature or thin and skeletal age

1 250-pound muscular individual will more than likely be physiologically effected less than a 100-pound individual when both are struck in the sametarget area by SIM

2 The blunt trauma effects and the potential for penetration are much greater for the smallerperson 102

37MM Foam Baton-15 feet=WHOHOW12 ga Rubber Pellets HV- 22 feet= WHOHOW40MM Bean Bag-34 feet=WHOHOW

213

90 to 140 lbs 131 to 185 lbs 186 to 220 lbs (220 to 350+)

103

Immediate Surroundings 1Is there any person in the immediate area who

maybe at risk of a deflected or missed shot

2Identify your target backstop and beyond

104

Chapter 7

Intervention Options

THE FORCE CONTINUUM ndash WHEN TO USE SIMrsquos

bull Ladder of Forcebull Force Continuumbull Circle of Forcebull Force Modularbull Escalation of Force

106

107

OFFICER PRESENCE

bull Uniform Badge bull Dedicated Weapon Displayed

bull On a Slingbull Port Arms bull Ready Carry Position

108

Presence

109

Verbal Commands

bull Please stand over there bull Please sit down on the chairbull Stop put your hands downbull Ending with ldquoDo it nowrdquobull Professional Tone amp Attitude

110

NON-Verbal

111

Verbalization

112

SOFT PHYSICAL TECHNIQUES

bull Slight touching or guiding contact

bull Cupping an elbow to escort Lightly grabbing an arm or shoulder

bull AIMING WEAPON113

Aiming WeaponFinger OFF

Trigger

114

HARD PHYSICAL TECHNIQUES

bull Limb Control Techniquesbull Takedown Ground Stabilizationbull Dynamic Countermeasuresbull Impact Techniquesbull Electrical Devicesbull Hand held impact weapons bull Specialty Impact Munitions

115

Firing the Weapon116

DEADLY FORCE

bull Impact Weaponsbull SIM ndash Changing Aiming Point

bull Neck Restraintbull Firearm

117

Transitioning to

firearm

118

Chapter 8

Documentation

Documentationbull Collect all munitions expended and photographed when practical

ndashEvery CasingndashMark Misfired or Damaged rounds 120

Documentation

bull An inventory of munitions used and not used should be noted

ndashWhat was issued and went out

ndashWhat was fired and misfiredndashWhat was lost and not recovered 121

Documentation

bull A report should be written detailing the order in which the events occurred and the police actions that were required

122

Documentation

bull Report the effectiveness of the various types of SIMrsquos and their delivery systems

ndashWhat did I fire that didnrsquot

ndashWhat did I fire that did123

Documentationbull Document any injuries sustained and property damage incurred

ndashInjuries to SubjectndashOfficersndashBystanders

124

Documentationbull After the crowd has dispersed it

is necessary to move rapidly into the target area to remove lingering groups and to prevent the crowd from regrouping and continuing illegal activity

ndashFollow ThroughndashSecuring the Area

125

LIABILITY ISSUES

The court will decide whether the actions of the officers were

(1)Consistent with the limits set forth by the constitution federal and state laws

(2)Consistent with departmental policy and procedures

(3)Consistent with training the officer received to handle such situations

126

5 Important Questions to ASK

bull What was the distance angle and elevation

bull What was the construction of the round used

bull What was the size of the subjectbull What was the expected point of impactbull What was the training of the shooter

127

Questions the Court will ASK

(1) Look at the conduct of other officers who were present andor participated in the actions

(2) The conduct of supervisors who may have authorized the actions of officers

128

Questions the Court will ASK

(1) Were the actions of the officers consistent with their training

(2) Was the training adequate and acceptable by contemporary standards

If the officers were not trained does it amountto deliberate indifference on the part of the

agency 129

Was the actions of the officer

bull A trained techniquebull Was it a dynamic application of

the trained techniquebull Was it an untrained technique

justified under the circumstances

130

Case Law

Know your laws

Graham v Connor 490 US 386 (1989)

a The US Supreme Court case that defined the standard under which excessive force claims would be judged

(1) The standard established was that of objective reasonableness(2) Prior to this the standard was police behavior that shocks the conscienceldquo

bIn this case the court redefined and set forth a less subjective standard

132Copyrighted by Dave Young

1990

City of Canton v Harris 489 US 378 109 S Ct 1197 (1989)

a In this case a woman was arrested and did not receive necessary medical attention after a shift commander was made aware of her condition and decided she did not need medical attention

b Although on the face the City of Canton policy addressed medical issues they were grossly negligent in that they did not provide the shift commanders with the proper training to make such decisions 133

Copyrighted by Dave Young 1990

City of Canton v Harris 489 US 378 109 S Ct 1197 (1989)

c There were many issues that emerged from this case however the primary issue was that of failure to train on the part of the city That negligence amounted to being deliberately in different to the rights of the plaintiff

The implications of Canton v Harris can also go beyond training issues however the burden of proving the Standard of deliberate indifference is on the plaintiff and not easy to prove

d Court Recommendation The duties that officers are assigned to perform must be accompanied with adequate training to perform that function

134Copyrighted by Dave Young

1990

ONeal v DeKalb County GA 850 F2d 653 (11th Cir 1988)

a A mental subject stabbed 7 people before being confronted by the police After repeatedly ordering the subject to drop the knife and lay on the floor the subject rushed the officers and was shot to death

b The court ruled that the use of deadly force instead of non-lethal force against a knife wielding suspect was not malicious or unreasonable therefore not actionable by the plaintiffs

135Copyrighted by Dave Young

1990

Plakas v Drinski 19 F3rd 1143 (7th Cir 1994) cert Denied 115 S Ct 81 (1994)

This case involved the shooting of a suspect who was

wielding a fire poker When the officer attempted to

arrest him he charged the officer with the fire poker and

was shot by police

(1)Plaintiffs who sued on behalf of the deceased claimed the officer did not use other means of force available to him at that time listing disabling chemical spray a police dog and distance

136Copyrighted by Dave Young

1990

Plakas v Drinski 19 F3rd 1143 (7th Cir 1994) cert Denied 115 SCt 81 (1994)

(2) The court stated ldquothat to permit every jury in this type of case to hear expert testimony that the defendant would have been uninjured if only the police had been able to use disabling gas or a capture net or a electrical device

(a)A municipality is liable because it failed to buy this equipment

(b)The Constitution does not enact a police administratorrsquos

equipment listlsquordquo

(c) The court ruled that there is no legal precedent that requires an officer to utilize alternatives to deadly force

137Copyrighted by Dave Young

1990

Davis v Mason County 927 F2d 1473 (9th Cir 1991)

aThe court ruled that the department had adequate training on the technical components of the use of force but did not have adequate training on the constitutional limits of the use of force in effecting arrests

138Copyrighted by Dave Young

1990

Davis v Mason County 927 F2d 1473 (9th Cir 1991)

b In other words the officers were trained on the how but not on the why and when the force is appropriate

c Court Recommendation Training should include confrontational scenarios of situations that require decision making then articulation by the officer as to the justification for the force used or not used

139Copyrighted by Dave Young

1990

Quezada v County of Bernalillo 944 F2d 710 (10th Cir 1991)

a The court ruled that an officer might be held liable for putting himself in a situation that requires him to use deadly force against an armed suicidal person

b This case involved an officer who left a position of cover to confront a suicidal subject

140Copyrighted by Dave Young

1990

141

Dave YoungFounder amp Director

ARMA Training

Website wwwarmatrainingcom772-913-1615

copyrighted by Dave Young 1994

Physical Stature and Condition ndash Is the subject heavy musculature or thin and skeletal age

1 250-pound muscular individual will more than likely be physiologically effected less than a 100-pound individual when both are struck in the sametarget area by SIM

2 The blunt trauma effects and the potential for penetration are much greater for the smallerperson 102

37MM Foam Baton-15 feet=WHOHOW12 ga Rubber Pellets HV- 22 feet= WHOHOW40MM Bean Bag-34 feet=WHOHOW

213

90 to 140 lbs 131 to 185 lbs 186 to 220 lbs (220 to 350+)

103

Immediate Surroundings 1Is there any person in the immediate area who

maybe at risk of a deflected or missed shot

2Identify your target backstop and beyond

104

Chapter 7

Intervention Options

THE FORCE CONTINUUM ndash WHEN TO USE SIMrsquos

bull Ladder of Forcebull Force Continuumbull Circle of Forcebull Force Modularbull Escalation of Force

106

107

OFFICER PRESENCE

bull Uniform Badge bull Dedicated Weapon Displayed

bull On a Slingbull Port Arms bull Ready Carry Position

108

Presence

109

Verbal Commands

bull Please stand over there bull Please sit down on the chairbull Stop put your hands downbull Ending with ldquoDo it nowrdquobull Professional Tone amp Attitude

110

NON-Verbal

111

Verbalization

112

SOFT PHYSICAL TECHNIQUES

bull Slight touching or guiding contact

bull Cupping an elbow to escort Lightly grabbing an arm or shoulder

bull AIMING WEAPON113

Aiming WeaponFinger OFF

Trigger

114

HARD PHYSICAL TECHNIQUES

bull Limb Control Techniquesbull Takedown Ground Stabilizationbull Dynamic Countermeasuresbull Impact Techniquesbull Electrical Devicesbull Hand held impact weapons bull Specialty Impact Munitions

115

Firing the Weapon116

DEADLY FORCE

bull Impact Weaponsbull SIM ndash Changing Aiming Point

bull Neck Restraintbull Firearm

117

Transitioning to

firearm

118

Chapter 8

Documentation

Documentationbull Collect all munitions expended and photographed when practical

ndashEvery CasingndashMark Misfired or Damaged rounds 120

Documentation

bull An inventory of munitions used and not used should be noted

ndashWhat was issued and went out

ndashWhat was fired and misfiredndashWhat was lost and not recovered 121

Documentation

bull A report should be written detailing the order in which the events occurred and the police actions that were required

122

Documentation

bull Report the effectiveness of the various types of SIMrsquos and their delivery systems

ndashWhat did I fire that didnrsquot

ndashWhat did I fire that did123

Documentationbull Document any injuries sustained and property damage incurred

ndashInjuries to SubjectndashOfficersndashBystanders

124

Documentationbull After the crowd has dispersed it

is necessary to move rapidly into the target area to remove lingering groups and to prevent the crowd from regrouping and continuing illegal activity

ndashFollow ThroughndashSecuring the Area

125

LIABILITY ISSUES

The court will decide whether the actions of the officers were

(1)Consistent with the limits set forth by the constitution federal and state laws

(2)Consistent with departmental policy and procedures

(3)Consistent with training the officer received to handle such situations

126

5 Important Questions to ASK

bull What was the distance angle and elevation

bull What was the construction of the round used

bull What was the size of the subjectbull What was the expected point of impactbull What was the training of the shooter

127

Questions the Court will ASK

(1) Look at the conduct of other officers who were present andor participated in the actions

(2) The conduct of supervisors who may have authorized the actions of officers

128

Questions the Court will ASK

(1) Were the actions of the officers consistent with their training

(2) Was the training adequate and acceptable by contemporary standards

If the officers were not trained does it amountto deliberate indifference on the part of the

agency 129

Was the actions of the officer

bull A trained techniquebull Was it a dynamic application of

the trained techniquebull Was it an untrained technique

justified under the circumstances

130

Case Law

Know your laws

Graham v Connor 490 US 386 (1989)

a The US Supreme Court case that defined the standard under which excessive force claims would be judged

(1) The standard established was that of objective reasonableness(2) Prior to this the standard was police behavior that shocks the conscienceldquo

bIn this case the court redefined and set forth a less subjective standard

132Copyrighted by Dave Young

1990

City of Canton v Harris 489 US 378 109 S Ct 1197 (1989)

a In this case a woman was arrested and did not receive necessary medical attention after a shift commander was made aware of her condition and decided she did not need medical attention

b Although on the face the City of Canton policy addressed medical issues they were grossly negligent in that they did not provide the shift commanders with the proper training to make such decisions 133

Copyrighted by Dave Young 1990

City of Canton v Harris 489 US 378 109 S Ct 1197 (1989)

c There were many issues that emerged from this case however the primary issue was that of failure to train on the part of the city That negligence amounted to being deliberately in different to the rights of the plaintiff

The implications of Canton v Harris can also go beyond training issues however the burden of proving the Standard of deliberate indifference is on the plaintiff and not easy to prove

d Court Recommendation The duties that officers are assigned to perform must be accompanied with adequate training to perform that function

134Copyrighted by Dave Young

1990

ONeal v DeKalb County GA 850 F2d 653 (11th Cir 1988)

a A mental subject stabbed 7 people before being confronted by the police After repeatedly ordering the subject to drop the knife and lay on the floor the subject rushed the officers and was shot to death

b The court ruled that the use of deadly force instead of non-lethal force against a knife wielding suspect was not malicious or unreasonable therefore not actionable by the plaintiffs

135Copyrighted by Dave Young

1990

Plakas v Drinski 19 F3rd 1143 (7th Cir 1994) cert Denied 115 S Ct 81 (1994)

This case involved the shooting of a suspect who was

wielding a fire poker When the officer attempted to

arrest him he charged the officer with the fire poker and

was shot by police

(1)Plaintiffs who sued on behalf of the deceased claimed the officer did not use other means of force available to him at that time listing disabling chemical spray a police dog and distance

136Copyrighted by Dave Young

1990

Plakas v Drinski 19 F3rd 1143 (7th Cir 1994) cert Denied 115 SCt 81 (1994)

(2) The court stated ldquothat to permit every jury in this type of case to hear expert testimony that the defendant would have been uninjured if only the police had been able to use disabling gas or a capture net or a electrical device

(a)A municipality is liable because it failed to buy this equipment

(b)The Constitution does not enact a police administratorrsquos

equipment listlsquordquo

(c) The court ruled that there is no legal precedent that requires an officer to utilize alternatives to deadly force

137Copyrighted by Dave Young

1990

Davis v Mason County 927 F2d 1473 (9th Cir 1991)

aThe court ruled that the department had adequate training on the technical components of the use of force but did not have adequate training on the constitutional limits of the use of force in effecting arrests

138Copyrighted by Dave Young

1990

Davis v Mason County 927 F2d 1473 (9th Cir 1991)

b In other words the officers were trained on the how but not on the why and when the force is appropriate

c Court Recommendation Training should include confrontational scenarios of situations that require decision making then articulation by the officer as to the justification for the force used or not used

139Copyrighted by Dave Young

1990

Quezada v County of Bernalillo 944 F2d 710 (10th Cir 1991)

a The court ruled that an officer might be held liable for putting himself in a situation that requires him to use deadly force against an armed suicidal person

b This case involved an officer who left a position of cover to confront a suicidal subject

140Copyrighted by Dave Young

1990

141

Dave YoungFounder amp Director

ARMA Training

Website wwwarmatrainingcom772-913-1615

copyrighted by Dave Young 1994

37MM Foam Baton-15 feet=WHOHOW12 ga Rubber Pellets HV- 22 feet= WHOHOW40MM Bean Bag-34 feet=WHOHOW

213

90 to 140 lbs 131 to 185 lbs 186 to 220 lbs (220 to 350+)

103

Immediate Surroundings 1Is there any person in the immediate area who

maybe at risk of a deflected or missed shot

2Identify your target backstop and beyond

104

Chapter 7

Intervention Options

THE FORCE CONTINUUM ndash WHEN TO USE SIMrsquos

bull Ladder of Forcebull Force Continuumbull Circle of Forcebull Force Modularbull Escalation of Force

106

107

OFFICER PRESENCE

bull Uniform Badge bull Dedicated Weapon Displayed

bull On a Slingbull Port Arms bull Ready Carry Position

108

Presence

109

Verbal Commands

bull Please stand over there bull Please sit down on the chairbull Stop put your hands downbull Ending with ldquoDo it nowrdquobull Professional Tone amp Attitude

110

NON-Verbal

111

Verbalization

112

SOFT PHYSICAL TECHNIQUES

bull Slight touching or guiding contact

bull Cupping an elbow to escort Lightly grabbing an arm or shoulder

bull AIMING WEAPON113

Aiming WeaponFinger OFF

Trigger

114

HARD PHYSICAL TECHNIQUES

bull Limb Control Techniquesbull Takedown Ground Stabilizationbull Dynamic Countermeasuresbull Impact Techniquesbull Electrical Devicesbull Hand held impact weapons bull Specialty Impact Munitions

115

Firing the Weapon116

DEADLY FORCE

bull Impact Weaponsbull SIM ndash Changing Aiming Point

bull Neck Restraintbull Firearm

117

Transitioning to

firearm

118

Chapter 8

Documentation

Documentationbull Collect all munitions expended and photographed when practical

ndashEvery CasingndashMark Misfired or Damaged rounds 120

Documentation

bull An inventory of munitions used and not used should be noted

ndashWhat was issued and went out

ndashWhat was fired and misfiredndashWhat was lost and not recovered 121

Documentation

bull A report should be written detailing the order in which the events occurred and the police actions that were required

122

Documentation

bull Report the effectiveness of the various types of SIMrsquos and their delivery systems

ndashWhat did I fire that didnrsquot

ndashWhat did I fire that did123

Documentationbull Document any injuries sustained and property damage incurred

ndashInjuries to SubjectndashOfficersndashBystanders

124

Documentationbull After the crowd has dispersed it

is necessary to move rapidly into the target area to remove lingering groups and to prevent the crowd from regrouping and continuing illegal activity

ndashFollow ThroughndashSecuring the Area

125

LIABILITY ISSUES

The court will decide whether the actions of the officers were

(1)Consistent with the limits set forth by the constitution federal and state laws

(2)Consistent with departmental policy and procedures

(3)Consistent with training the officer received to handle such situations

126

5 Important Questions to ASK

bull What was the distance angle and elevation

bull What was the construction of the round used

bull What was the size of the subjectbull What was the expected point of impactbull What was the training of the shooter

127

Questions the Court will ASK

(1) Look at the conduct of other officers who were present andor participated in the actions

(2) The conduct of supervisors who may have authorized the actions of officers

128

Questions the Court will ASK

(1) Were the actions of the officers consistent with their training

(2) Was the training adequate and acceptable by contemporary standards

If the officers were not trained does it amountto deliberate indifference on the part of the

agency 129

Was the actions of the officer

bull A trained techniquebull Was it a dynamic application of

the trained techniquebull Was it an untrained technique

justified under the circumstances

130

Case Law

Know your laws

Graham v Connor 490 US 386 (1989)

a The US Supreme Court case that defined the standard under which excessive force claims would be judged

(1) The standard established was that of objective reasonableness(2) Prior to this the standard was police behavior that shocks the conscienceldquo

bIn this case the court redefined and set forth a less subjective standard

132Copyrighted by Dave Young

1990

City of Canton v Harris 489 US 378 109 S Ct 1197 (1989)

a In this case a woman was arrested and did not receive necessary medical attention after a shift commander was made aware of her condition and decided she did not need medical attention

b Although on the face the City of Canton policy addressed medical issues they were grossly negligent in that they did not provide the shift commanders with the proper training to make such decisions 133

Copyrighted by Dave Young 1990

City of Canton v Harris 489 US 378 109 S Ct 1197 (1989)

c There were many issues that emerged from this case however the primary issue was that of failure to train on the part of the city That negligence amounted to being deliberately in different to the rights of the plaintiff

The implications of Canton v Harris can also go beyond training issues however the burden of proving the Standard of deliberate indifference is on the plaintiff and not easy to prove

d Court Recommendation The duties that officers are assigned to perform must be accompanied with adequate training to perform that function

134Copyrighted by Dave Young

1990

ONeal v DeKalb County GA 850 F2d 653 (11th Cir 1988)

a A mental subject stabbed 7 people before being confronted by the police After repeatedly ordering the subject to drop the knife and lay on the floor the subject rushed the officers and was shot to death

b The court ruled that the use of deadly force instead of non-lethal force against a knife wielding suspect was not malicious or unreasonable therefore not actionable by the plaintiffs

135Copyrighted by Dave Young

1990

Plakas v Drinski 19 F3rd 1143 (7th Cir 1994) cert Denied 115 S Ct 81 (1994)

This case involved the shooting of a suspect who was

wielding a fire poker When the officer attempted to

arrest him he charged the officer with the fire poker and

was shot by police

(1)Plaintiffs who sued on behalf of the deceased claimed the officer did not use other means of force available to him at that time listing disabling chemical spray a police dog and distance

136Copyrighted by Dave Young

1990

Plakas v Drinski 19 F3rd 1143 (7th Cir 1994) cert Denied 115 SCt 81 (1994)

(2) The court stated ldquothat to permit every jury in this type of case to hear expert testimony that the defendant would have been uninjured if only the police had been able to use disabling gas or a capture net or a electrical device

(a)A municipality is liable because it failed to buy this equipment

(b)The Constitution does not enact a police administratorrsquos

equipment listlsquordquo

(c) The court ruled that there is no legal precedent that requires an officer to utilize alternatives to deadly force

137Copyrighted by Dave Young

1990

Davis v Mason County 927 F2d 1473 (9th Cir 1991)

aThe court ruled that the department had adequate training on the technical components of the use of force but did not have adequate training on the constitutional limits of the use of force in effecting arrests

138Copyrighted by Dave Young

1990

Davis v Mason County 927 F2d 1473 (9th Cir 1991)

b In other words the officers were trained on the how but not on the why and when the force is appropriate

c Court Recommendation Training should include confrontational scenarios of situations that require decision making then articulation by the officer as to the justification for the force used or not used

139Copyrighted by Dave Young

1990

Quezada v County of Bernalillo 944 F2d 710 (10th Cir 1991)

a The court ruled that an officer might be held liable for putting himself in a situation that requires him to use deadly force against an armed suicidal person

b This case involved an officer who left a position of cover to confront a suicidal subject

140Copyrighted by Dave Young

1990

141

Dave YoungFounder amp Director

ARMA Training

Website wwwarmatrainingcom772-913-1615

copyrighted by Dave Young 1994

Immediate Surroundings 1Is there any person in the immediate area who

maybe at risk of a deflected or missed shot

2Identify your target backstop and beyond

104

Chapter 7

Intervention Options

THE FORCE CONTINUUM ndash WHEN TO USE SIMrsquos

bull Ladder of Forcebull Force Continuumbull Circle of Forcebull Force Modularbull Escalation of Force

106

107

OFFICER PRESENCE

bull Uniform Badge bull Dedicated Weapon Displayed

bull On a Slingbull Port Arms bull Ready Carry Position

108

Presence

109

Verbal Commands

bull Please stand over there bull Please sit down on the chairbull Stop put your hands downbull Ending with ldquoDo it nowrdquobull Professional Tone amp Attitude

110

NON-Verbal

111

Verbalization

112

SOFT PHYSICAL TECHNIQUES

bull Slight touching or guiding contact

bull Cupping an elbow to escort Lightly grabbing an arm or shoulder

bull AIMING WEAPON113

Aiming WeaponFinger OFF

Trigger

114

HARD PHYSICAL TECHNIQUES

bull Limb Control Techniquesbull Takedown Ground Stabilizationbull Dynamic Countermeasuresbull Impact Techniquesbull Electrical Devicesbull Hand held impact weapons bull Specialty Impact Munitions

115

Firing the Weapon116

DEADLY FORCE

bull Impact Weaponsbull SIM ndash Changing Aiming Point

bull Neck Restraintbull Firearm

117

Transitioning to

firearm

118

Chapter 8

Documentation

Documentationbull Collect all munitions expended and photographed when practical

ndashEvery CasingndashMark Misfired or Damaged rounds 120

Documentation

bull An inventory of munitions used and not used should be noted

ndashWhat was issued and went out

ndashWhat was fired and misfiredndashWhat was lost and not recovered 121

Documentation

bull A report should be written detailing the order in which the events occurred and the police actions that were required

122

Documentation

bull Report the effectiveness of the various types of SIMrsquos and their delivery systems

ndashWhat did I fire that didnrsquot

ndashWhat did I fire that did123

Documentationbull Document any injuries sustained and property damage incurred

ndashInjuries to SubjectndashOfficersndashBystanders

124

Documentationbull After the crowd has dispersed it

is necessary to move rapidly into the target area to remove lingering groups and to prevent the crowd from regrouping and continuing illegal activity

ndashFollow ThroughndashSecuring the Area

125

LIABILITY ISSUES

The court will decide whether the actions of the officers were

(1)Consistent with the limits set forth by the constitution federal and state laws

(2)Consistent with departmental policy and procedures

(3)Consistent with training the officer received to handle such situations

126

5 Important Questions to ASK

bull What was the distance angle and elevation

bull What was the construction of the round used

bull What was the size of the subjectbull What was the expected point of impactbull What was the training of the shooter

127

Questions the Court will ASK

(1) Look at the conduct of other officers who were present andor participated in the actions

(2) The conduct of supervisors who may have authorized the actions of officers

128

Questions the Court will ASK

(1) Were the actions of the officers consistent with their training

(2) Was the training adequate and acceptable by contemporary standards

If the officers were not trained does it amountto deliberate indifference on the part of the

agency 129

Was the actions of the officer

bull A trained techniquebull Was it a dynamic application of

the trained techniquebull Was it an untrained technique

justified under the circumstances

130

Case Law

Know your laws

Graham v Connor 490 US 386 (1989)

a The US Supreme Court case that defined the standard under which excessive force claims would be judged

(1) The standard established was that of objective reasonableness(2) Prior to this the standard was police behavior that shocks the conscienceldquo

bIn this case the court redefined and set forth a less subjective standard

132Copyrighted by Dave Young

1990

City of Canton v Harris 489 US 378 109 S Ct 1197 (1989)

a In this case a woman was arrested and did not receive necessary medical attention after a shift commander was made aware of her condition and decided she did not need medical attention

b Although on the face the City of Canton policy addressed medical issues they were grossly negligent in that they did not provide the shift commanders with the proper training to make such decisions 133

Copyrighted by Dave Young 1990

City of Canton v Harris 489 US 378 109 S Ct 1197 (1989)

c There were many issues that emerged from this case however the primary issue was that of failure to train on the part of the city That negligence amounted to being deliberately in different to the rights of the plaintiff

The implications of Canton v Harris can also go beyond training issues however the burden of proving the Standard of deliberate indifference is on the plaintiff and not easy to prove

d Court Recommendation The duties that officers are assigned to perform must be accompanied with adequate training to perform that function

134Copyrighted by Dave Young

1990

ONeal v DeKalb County GA 850 F2d 653 (11th Cir 1988)

a A mental subject stabbed 7 people before being confronted by the police After repeatedly ordering the subject to drop the knife and lay on the floor the subject rushed the officers and was shot to death

b The court ruled that the use of deadly force instead of non-lethal force against a knife wielding suspect was not malicious or unreasonable therefore not actionable by the plaintiffs

135Copyrighted by Dave Young

1990

Plakas v Drinski 19 F3rd 1143 (7th Cir 1994) cert Denied 115 S Ct 81 (1994)

This case involved the shooting of a suspect who was

wielding a fire poker When the officer attempted to

arrest him he charged the officer with the fire poker and

was shot by police

(1)Plaintiffs who sued on behalf of the deceased claimed the officer did not use other means of force available to him at that time listing disabling chemical spray a police dog and distance

136Copyrighted by Dave Young

1990

Plakas v Drinski 19 F3rd 1143 (7th Cir 1994) cert Denied 115 SCt 81 (1994)

(2) The court stated ldquothat to permit every jury in this type of case to hear expert testimony that the defendant would have been uninjured if only the police had been able to use disabling gas or a capture net or a electrical device

(a)A municipality is liable because it failed to buy this equipment

(b)The Constitution does not enact a police administratorrsquos

equipment listlsquordquo

(c) The court ruled that there is no legal precedent that requires an officer to utilize alternatives to deadly force

137Copyrighted by Dave Young

1990

Davis v Mason County 927 F2d 1473 (9th Cir 1991)

aThe court ruled that the department had adequate training on the technical components of the use of force but did not have adequate training on the constitutional limits of the use of force in effecting arrests

138Copyrighted by Dave Young

1990

Davis v Mason County 927 F2d 1473 (9th Cir 1991)

b In other words the officers were trained on the how but not on the why and when the force is appropriate

c Court Recommendation Training should include confrontational scenarios of situations that require decision making then articulation by the officer as to the justification for the force used or not used

139Copyrighted by Dave Young

1990

Quezada v County of Bernalillo 944 F2d 710 (10th Cir 1991)

a The court ruled that an officer might be held liable for putting himself in a situation that requires him to use deadly force against an armed suicidal person

b This case involved an officer who left a position of cover to confront a suicidal subject

140Copyrighted by Dave Young

1990

141

Dave YoungFounder amp Director

ARMA Training

Website wwwarmatrainingcom772-913-1615

copyrighted by Dave Young 1994

Chapter 7

Intervention Options

THE FORCE CONTINUUM ndash WHEN TO USE SIMrsquos

bull Ladder of Forcebull Force Continuumbull Circle of Forcebull Force Modularbull Escalation of Force

106

107

OFFICER PRESENCE

bull Uniform Badge bull Dedicated Weapon Displayed

bull On a Slingbull Port Arms bull Ready Carry Position

108

Presence

109

Verbal Commands

bull Please stand over there bull Please sit down on the chairbull Stop put your hands downbull Ending with ldquoDo it nowrdquobull Professional Tone amp Attitude

110

NON-Verbal

111

Verbalization

112

SOFT PHYSICAL TECHNIQUES

bull Slight touching or guiding contact

bull Cupping an elbow to escort Lightly grabbing an arm or shoulder

bull AIMING WEAPON113

Aiming WeaponFinger OFF

Trigger

114

HARD PHYSICAL TECHNIQUES

bull Limb Control Techniquesbull Takedown Ground Stabilizationbull Dynamic Countermeasuresbull Impact Techniquesbull Electrical Devicesbull Hand held impact weapons bull Specialty Impact Munitions

115

Firing the Weapon116

DEADLY FORCE

bull Impact Weaponsbull SIM ndash Changing Aiming Point

bull Neck Restraintbull Firearm

117

Transitioning to

firearm

118

Chapter 8

Documentation

Documentationbull Collect all munitions expended and photographed when practical

ndashEvery CasingndashMark Misfired or Damaged rounds 120

Documentation

bull An inventory of munitions used and not used should be noted

ndashWhat was issued and went out

ndashWhat was fired and misfiredndashWhat was lost and not recovered 121

Documentation

bull A report should be written detailing the order in which the events occurred and the police actions that were required

122

Documentation

bull Report the effectiveness of the various types of SIMrsquos and their delivery systems

ndashWhat did I fire that didnrsquot

ndashWhat did I fire that did123

Documentationbull Document any injuries sustained and property damage incurred

ndashInjuries to SubjectndashOfficersndashBystanders

124

Documentationbull After the crowd has dispersed it

is necessary to move rapidly into the target area to remove lingering groups and to prevent the crowd from regrouping and continuing illegal activity

ndashFollow ThroughndashSecuring the Area

125

LIABILITY ISSUES

The court will decide whether the actions of the officers were

(1)Consistent with the limits set forth by the constitution federal and state laws

(2)Consistent with departmental policy and procedures

(3)Consistent with training the officer received to handle such situations

126

5 Important Questions to ASK

bull What was the distance angle and elevation

bull What was the construction of the round used

bull What was the size of the subjectbull What was the expected point of impactbull What was the training of the shooter

127

Questions the Court will ASK

(1) Look at the conduct of other officers who were present andor participated in the actions

(2) The conduct of supervisors who may have authorized the actions of officers

128

Questions the Court will ASK

(1) Were the actions of the officers consistent with their training

(2) Was the training adequate and acceptable by contemporary standards

If the officers were not trained does it amountto deliberate indifference on the part of the

agency 129

Was the actions of the officer

bull A trained techniquebull Was it a dynamic application of

the trained techniquebull Was it an untrained technique

justified under the circumstances

130

Case Law

Know your laws

Graham v Connor 490 US 386 (1989)

a The US Supreme Court case that defined the standard under which excessive force claims would be judged

(1) The standard established was that of objective reasonableness(2) Prior to this the standard was police behavior that shocks the conscienceldquo

bIn this case the court redefined and set forth a less subjective standard

132Copyrighted by Dave Young

1990

City of Canton v Harris 489 US 378 109 S Ct 1197 (1989)

a In this case a woman was arrested and did not receive necessary medical attention after a shift commander was made aware of her condition and decided she did not need medical attention

b Although on the face the City of Canton policy addressed medical issues they were grossly negligent in that they did not provide the shift commanders with the proper training to make such decisions 133

Copyrighted by Dave Young 1990

City of Canton v Harris 489 US 378 109 S Ct 1197 (1989)

c There were many issues that emerged from this case however the primary issue was that of failure to train on the part of the city That negligence amounted to being deliberately in different to the rights of the plaintiff

The implications of Canton v Harris can also go beyond training issues however the burden of proving the Standard of deliberate indifference is on the plaintiff and not easy to prove

d Court Recommendation The duties that officers are assigned to perform must be accompanied with adequate training to perform that function

134Copyrighted by Dave Young

1990

ONeal v DeKalb County GA 850 F2d 653 (11th Cir 1988)

a A mental subject stabbed 7 people before being confronted by the police After repeatedly ordering the subject to drop the knife and lay on the floor the subject rushed the officers and was shot to death

b The court ruled that the use of deadly force instead of non-lethal force against a knife wielding suspect was not malicious or unreasonable therefore not actionable by the plaintiffs

135Copyrighted by Dave Young

1990

Plakas v Drinski 19 F3rd 1143 (7th Cir 1994) cert Denied 115 S Ct 81 (1994)

This case involved the shooting of a suspect who was

wielding a fire poker When the officer attempted to

arrest him he charged the officer with the fire poker and

was shot by police

(1)Plaintiffs who sued on behalf of the deceased claimed the officer did not use other means of force available to him at that time listing disabling chemical spray a police dog and distance

136Copyrighted by Dave Young

1990

Plakas v Drinski 19 F3rd 1143 (7th Cir 1994) cert Denied 115 SCt 81 (1994)

(2) The court stated ldquothat to permit every jury in this type of case to hear expert testimony that the defendant would have been uninjured if only the police had been able to use disabling gas or a capture net or a electrical device

(a)A municipality is liable because it failed to buy this equipment

(b)The Constitution does not enact a police administratorrsquos

equipment listlsquordquo

(c) The court ruled that there is no legal precedent that requires an officer to utilize alternatives to deadly force

137Copyrighted by Dave Young

1990

Davis v Mason County 927 F2d 1473 (9th Cir 1991)

aThe court ruled that the department had adequate training on the technical components of the use of force but did not have adequate training on the constitutional limits of the use of force in effecting arrests

138Copyrighted by Dave Young

1990

Davis v Mason County 927 F2d 1473 (9th Cir 1991)

b In other words the officers were trained on the how but not on the why and when the force is appropriate

c Court Recommendation Training should include confrontational scenarios of situations that require decision making then articulation by the officer as to the justification for the force used or not used

139Copyrighted by Dave Young

1990

Quezada v County of Bernalillo 944 F2d 710 (10th Cir 1991)

a The court ruled that an officer might be held liable for putting himself in a situation that requires him to use deadly force against an armed suicidal person

b This case involved an officer who left a position of cover to confront a suicidal subject

140Copyrighted by Dave Young

1990

141

Dave YoungFounder amp Director

ARMA Training

Website wwwarmatrainingcom772-913-1615

copyrighted by Dave Young 1994

THE FORCE CONTINUUM ndash WHEN TO USE SIMrsquos

bull Ladder of Forcebull Force Continuumbull Circle of Forcebull Force Modularbull Escalation of Force

106

107

OFFICER PRESENCE

bull Uniform Badge bull Dedicated Weapon Displayed

bull On a Slingbull Port Arms bull Ready Carry Position

108

Presence

109

Verbal Commands

bull Please stand over there bull Please sit down on the chairbull Stop put your hands downbull Ending with ldquoDo it nowrdquobull Professional Tone amp Attitude

110

NON-Verbal

111

Verbalization

112

SOFT PHYSICAL TECHNIQUES

bull Slight touching or guiding contact

bull Cupping an elbow to escort Lightly grabbing an arm or shoulder

bull AIMING WEAPON113

Aiming WeaponFinger OFF

Trigger

114

HARD PHYSICAL TECHNIQUES

bull Limb Control Techniquesbull Takedown Ground Stabilizationbull Dynamic Countermeasuresbull Impact Techniquesbull Electrical Devicesbull Hand held impact weapons bull Specialty Impact Munitions

115

Firing the Weapon116

DEADLY FORCE

bull Impact Weaponsbull SIM ndash Changing Aiming Point

bull Neck Restraintbull Firearm

117

Transitioning to

firearm

118

Chapter 8

Documentation

Documentationbull Collect all munitions expended and photographed when practical

ndashEvery CasingndashMark Misfired or Damaged rounds 120

Documentation

bull An inventory of munitions used and not used should be noted

ndashWhat was issued and went out

ndashWhat was fired and misfiredndashWhat was lost and not recovered 121

Documentation

bull A report should be written detailing the order in which the events occurred and the police actions that were required

122

Documentation

bull Report the effectiveness of the various types of SIMrsquos and their delivery systems

ndashWhat did I fire that didnrsquot

ndashWhat did I fire that did123

Documentationbull Document any injuries sustained and property damage incurred

ndashInjuries to SubjectndashOfficersndashBystanders

124

Documentationbull After the crowd has dispersed it

is necessary to move rapidly into the target area to remove lingering groups and to prevent the crowd from regrouping and continuing illegal activity

ndashFollow ThroughndashSecuring the Area

125

LIABILITY ISSUES

The court will decide whether the actions of the officers were

(1)Consistent with the limits set forth by the constitution federal and state laws

(2)Consistent with departmental policy and procedures

(3)Consistent with training the officer received to handle such situations

126

5 Important Questions to ASK

bull What was the distance angle and elevation

bull What was the construction of the round used

bull What was the size of the subjectbull What was the expected point of impactbull What was the training of the shooter

127

Questions the Court will ASK

(1) Look at the conduct of other officers who were present andor participated in the actions

(2) The conduct of supervisors who may have authorized the actions of officers

128

Questions the Court will ASK

(1) Were the actions of the officers consistent with their training

(2) Was the training adequate and acceptable by contemporary standards

If the officers were not trained does it amountto deliberate indifference on the part of the

agency 129

Was the actions of the officer

bull A trained techniquebull Was it a dynamic application of

the trained techniquebull Was it an untrained technique

justified under the circumstances

130

Case Law

Know your laws

Graham v Connor 490 US 386 (1989)

a The US Supreme Court case that defined the standard under which excessive force claims would be judged

(1) The standard established was that of objective reasonableness(2) Prior to this the standard was police behavior that shocks the conscienceldquo

bIn this case the court redefined and set forth a less subjective standard

132Copyrighted by Dave Young

1990

City of Canton v Harris 489 US 378 109 S Ct 1197 (1989)

a In this case a woman was arrested and did not receive necessary medical attention after a shift commander was made aware of her condition and decided she did not need medical attention

b Although on the face the City of Canton policy addressed medical issues they were grossly negligent in that they did not provide the shift commanders with the proper training to make such decisions 133

Copyrighted by Dave Young 1990

City of Canton v Harris 489 US 378 109 S Ct 1197 (1989)

c There were many issues that emerged from this case however the primary issue was that of failure to train on the part of the city That negligence amounted to being deliberately in different to the rights of the plaintiff

The implications of Canton v Harris can also go beyond training issues however the burden of proving the Standard of deliberate indifference is on the plaintiff and not easy to prove

d Court Recommendation The duties that officers are assigned to perform must be accompanied with adequate training to perform that function

134Copyrighted by Dave Young

1990

ONeal v DeKalb County GA 850 F2d 653 (11th Cir 1988)

a A mental subject stabbed 7 people before being confronted by the police After repeatedly ordering the subject to drop the knife and lay on the floor the subject rushed the officers and was shot to death

b The court ruled that the use of deadly force instead of non-lethal force against a knife wielding suspect was not malicious or unreasonable therefore not actionable by the plaintiffs

135Copyrighted by Dave Young

1990

Plakas v Drinski 19 F3rd 1143 (7th Cir 1994) cert Denied 115 S Ct 81 (1994)

This case involved the shooting of a suspect who was

wielding a fire poker When the officer attempted to

arrest him he charged the officer with the fire poker and

was shot by police

(1)Plaintiffs who sued on behalf of the deceased claimed the officer did not use other means of force available to him at that time listing disabling chemical spray a police dog and distance

136Copyrighted by Dave Young

1990

Plakas v Drinski 19 F3rd 1143 (7th Cir 1994) cert Denied 115 SCt 81 (1994)

(2) The court stated ldquothat to permit every jury in this type of case to hear expert testimony that the defendant would have been uninjured if only the police had been able to use disabling gas or a capture net or a electrical device

(a)A municipality is liable because it failed to buy this equipment

(b)The Constitution does not enact a police administratorrsquos

equipment listlsquordquo

(c) The court ruled that there is no legal precedent that requires an officer to utilize alternatives to deadly force

137Copyrighted by Dave Young

1990

Davis v Mason County 927 F2d 1473 (9th Cir 1991)

aThe court ruled that the department had adequate training on the technical components of the use of force but did not have adequate training on the constitutional limits of the use of force in effecting arrests

138Copyrighted by Dave Young

1990

Davis v Mason County 927 F2d 1473 (9th Cir 1991)

b In other words the officers were trained on the how but not on the why and when the force is appropriate

c Court Recommendation Training should include confrontational scenarios of situations that require decision making then articulation by the officer as to the justification for the force used or not used

139Copyrighted by Dave Young

1990

Quezada v County of Bernalillo 944 F2d 710 (10th Cir 1991)

a The court ruled that an officer might be held liable for putting himself in a situation that requires him to use deadly force against an armed suicidal person

b This case involved an officer who left a position of cover to confront a suicidal subject

140Copyrighted by Dave Young

1990

141

Dave YoungFounder amp Director

ARMA Training

Website wwwarmatrainingcom772-913-1615

copyrighted by Dave Young 1994

107

OFFICER PRESENCE

bull Uniform Badge bull Dedicated Weapon Displayed

bull On a Slingbull Port Arms bull Ready Carry Position

108

Presence

109

Verbal Commands

bull Please stand over there bull Please sit down on the chairbull Stop put your hands downbull Ending with ldquoDo it nowrdquobull Professional Tone amp Attitude

110

NON-Verbal

111

Verbalization

112

SOFT PHYSICAL TECHNIQUES

bull Slight touching or guiding contact

bull Cupping an elbow to escort Lightly grabbing an arm or shoulder

bull AIMING WEAPON113

Aiming WeaponFinger OFF

Trigger

114

HARD PHYSICAL TECHNIQUES

bull Limb Control Techniquesbull Takedown Ground Stabilizationbull Dynamic Countermeasuresbull Impact Techniquesbull Electrical Devicesbull Hand held impact weapons bull Specialty Impact Munitions

115

Firing the Weapon116

DEADLY FORCE

bull Impact Weaponsbull SIM ndash Changing Aiming Point

bull Neck Restraintbull Firearm

117

Transitioning to

firearm

118

Chapter 8

Documentation

Documentationbull Collect all munitions expended and photographed when practical

ndashEvery CasingndashMark Misfired or Damaged rounds 120

Documentation

bull An inventory of munitions used and not used should be noted

ndashWhat was issued and went out

ndashWhat was fired and misfiredndashWhat was lost and not recovered 121

Documentation

bull A report should be written detailing the order in which the events occurred and the police actions that were required

122

Documentation

bull Report the effectiveness of the various types of SIMrsquos and their delivery systems

ndashWhat did I fire that didnrsquot

ndashWhat did I fire that did123

Documentationbull Document any injuries sustained and property damage incurred

ndashInjuries to SubjectndashOfficersndashBystanders

124

Documentationbull After the crowd has dispersed it

is necessary to move rapidly into the target area to remove lingering groups and to prevent the crowd from regrouping and continuing illegal activity

ndashFollow ThroughndashSecuring the Area

125

LIABILITY ISSUES

The court will decide whether the actions of the officers were

(1)Consistent with the limits set forth by the constitution federal and state laws

(2)Consistent with departmental policy and procedures

(3)Consistent with training the officer received to handle such situations

126

5 Important Questions to ASK

bull What was the distance angle and elevation

bull What was the construction of the round used

bull What was the size of the subjectbull What was the expected point of impactbull What was the training of the shooter

127

Questions the Court will ASK

(1) Look at the conduct of other officers who were present andor participated in the actions

(2) The conduct of supervisors who may have authorized the actions of officers

128

Questions the Court will ASK

(1) Were the actions of the officers consistent with their training

(2) Was the training adequate and acceptable by contemporary standards

If the officers were not trained does it amountto deliberate indifference on the part of the

agency 129

Was the actions of the officer

bull A trained techniquebull Was it a dynamic application of

the trained techniquebull Was it an untrained technique

justified under the circumstances

130

Case Law

Know your laws

Graham v Connor 490 US 386 (1989)

a The US Supreme Court case that defined the standard under which excessive force claims would be judged

(1) The standard established was that of objective reasonableness(2) Prior to this the standard was police behavior that shocks the conscienceldquo

bIn this case the court redefined and set forth a less subjective standard

132Copyrighted by Dave Young

1990

City of Canton v Harris 489 US 378 109 S Ct 1197 (1989)

a In this case a woman was arrested and did not receive necessary medical attention after a shift commander was made aware of her condition and decided she did not need medical attention

b Although on the face the City of Canton policy addressed medical issues they were grossly negligent in that they did not provide the shift commanders with the proper training to make such decisions 133

Copyrighted by Dave Young 1990

City of Canton v Harris 489 US 378 109 S Ct 1197 (1989)

c There were many issues that emerged from this case however the primary issue was that of failure to train on the part of the city That negligence amounted to being deliberately in different to the rights of the plaintiff

The implications of Canton v Harris can also go beyond training issues however the burden of proving the Standard of deliberate indifference is on the plaintiff and not easy to prove

d Court Recommendation The duties that officers are assigned to perform must be accompanied with adequate training to perform that function

134Copyrighted by Dave Young

1990

ONeal v DeKalb County GA 850 F2d 653 (11th Cir 1988)

a A mental subject stabbed 7 people before being confronted by the police After repeatedly ordering the subject to drop the knife and lay on the floor the subject rushed the officers and was shot to death

b The court ruled that the use of deadly force instead of non-lethal force against a knife wielding suspect was not malicious or unreasonable therefore not actionable by the plaintiffs

135Copyrighted by Dave Young

1990

Plakas v Drinski 19 F3rd 1143 (7th Cir 1994) cert Denied 115 S Ct 81 (1994)

This case involved the shooting of a suspect who was

wielding a fire poker When the officer attempted to

arrest him he charged the officer with the fire poker and

was shot by police

(1)Plaintiffs who sued on behalf of the deceased claimed the officer did not use other means of force available to him at that time listing disabling chemical spray a police dog and distance

136Copyrighted by Dave Young

1990

Plakas v Drinski 19 F3rd 1143 (7th Cir 1994) cert Denied 115 SCt 81 (1994)

(2) The court stated ldquothat to permit every jury in this type of case to hear expert testimony that the defendant would have been uninjured if only the police had been able to use disabling gas or a capture net or a electrical device

(a)A municipality is liable because it failed to buy this equipment

(b)The Constitution does not enact a police administratorrsquos

equipment listlsquordquo

(c) The court ruled that there is no legal precedent that requires an officer to utilize alternatives to deadly force

137Copyrighted by Dave Young

1990

Davis v Mason County 927 F2d 1473 (9th Cir 1991)

aThe court ruled that the department had adequate training on the technical components of the use of force but did not have adequate training on the constitutional limits of the use of force in effecting arrests

138Copyrighted by Dave Young

1990

Davis v Mason County 927 F2d 1473 (9th Cir 1991)

b In other words the officers were trained on the how but not on the why and when the force is appropriate

c Court Recommendation Training should include confrontational scenarios of situations that require decision making then articulation by the officer as to the justification for the force used or not used

139Copyrighted by Dave Young

1990

Quezada v County of Bernalillo 944 F2d 710 (10th Cir 1991)

a The court ruled that an officer might be held liable for putting himself in a situation that requires him to use deadly force against an armed suicidal person

b This case involved an officer who left a position of cover to confront a suicidal subject

140Copyrighted by Dave Young

1990

141

Dave YoungFounder amp Director

ARMA Training

Website wwwarmatrainingcom772-913-1615

copyrighted by Dave Young 1994

OFFICER PRESENCE

bull Uniform Badge bull Dedicated Weapon Displayed

bull On a Slingbull Port Arms bull Ready Carry Position

108

Presence

109

Verbal Commands

bull Please stand over there bull Please sit down on the chairbull Stop put your hands downbull Ending with ldquoDo it nowrdquobull Professional Tone amp Attitude

110

NON-Verbal

111

Verbalization

112

SOFT PHYSICAL TECHNIQUES

bull Slight touching or guiding contact

bull Cupping an elbow to escort Lightly grabbing an arm or shoulder

bull AIMING WEAPON113

Aiming WeaponFinger OFF

Trigger

114

HARD PHYSICAL TECHNIQUES

bull Limb Control Techniquesbull Takedown Ground Stabilizationbull Dynamic Countermeasuresbull Impact Techniquesbull Electrical Devicesbull Hand held impact weapons bull Specialty Impact Munitions

115

Firing the Weapon116

DEADLY FORCE

bull Impact Weaponsbull SIM ndash Changing Aiming Point

bull Neck Restraintbull Firearm

117

Transitioning to

firearm

118

Chapter 8

Documentation

Documentationbull Collect all munitions expended and photographed when practical

ndashEvery CasingndashMark Misfired or Damaged rounds 120

Documentation

bull An inventory of munitions used and not used should be noted

ndashWhat was issued and went out

ndashWhat was fired and misfiredndashWhat was lost and not recovered 121

Documentation

bull A report should be written detailing the order in which the events occurred and the police actions that were required

122

Documentation

bull Report the effectiveness of the various types of SIMrsquos and their delivery systems

ndashWhat did I fire that didnrsquot

ndashWhat did I fire that did123

Documentationbull Document any injuries sustained and property damage incurred

ndashInjuries to SubjectndashOfficersndashBystanders

124

Documentationbull After the crowd has dispersed it

is necessary to move rapidly into the target area to remove lingering groups and to prevent the crowd from regrouping and continuing illegal activity

ndashFollow ThroughndashSecuring the Area

125

LIABILITY ISSUES

The court will decide whether the actions of the officers were

(1)Consistent with the limits set forth by the constitution federal and state laws

(2)Consistent with departmental policy and procedures

(3)Consistent with training the officer received to handle such situations

126

5 Important Questions to ASK

bull What was the distance angle and elevation

bull What was the construction of the round used

bull What was the size of the subjectbull What was the expected point of impactbull What was the training of the shooter

127

Questions the Court will ASK

(1) Look at the conduct of other officers who were present andor participated in the actions

(2) The conduct of supervisors who may have authorized the actions of officers

128

Questions the Court will ASK

(1) Were the actions of the officers consistent with their training

(2) Was the training adequate and acceptable by contemporary standards

If the officers were not trained does it amountto deliberate indifference on the part of the

agency 129

Was the actions of the officer

bull A trained techniquebull Was it a dynamic application of

the trained techniquebull Was it an untrained technique

justified under the circumstances

130

Case Law

Know your laws

Graham v Connor 490 US 386 (1989)

a The US Supreme Court case that defined the standard under which excessive force claims would be judged

(1) The standard established was that of objective reasonableness(2) Prior to this the standard was police behavior that shocks the conscienceldquo

bIn this case the court redefined and set forth a less subjective standard

132Copyrighted by Dave Young

1990

City of Canton v Harris 489 US 378 109 S Ct 1197 (1989)

a In this case a woman was arrested and did not receive necessary medical attention after a shift commander was made aware of her condition and decided she did not need medical attention

b Although on the face the City of Canton policy addressed medical issues they were grossly negligent in that they did not provide the shift commanders with the proper training to make such decisions 133

Copyrighted by Dave Young 1990

City of Canton v Harris 489 US 378 109 S Ct 1197 (1989)

c There were many issues that emerged from this case however the primary issue was that of failure to train on the part of the city That negligence amounted to being deliberately in different to the rights of the plaintiff

The implications of Canton v Harris can also go beyond training issues however the burden of proving the Standard of deliberate indifference is on the plaintiff and not easy to prove

d Court Recommendation The duties that officers are assigned to perform must be accompanied with adequate training to perform that function

134Copyrighted by Dave Young

1990

ONeal v DeKalb County GA 850 F2d 653 (11th Cir 1988)

a A mental subject stabbed 7 people before being confronted by the police After repeatedly ordering the subject to drop the knife and lay on the floor the subject rushed the officers and was shot to death

b The court ruled that the use of deadly force instead of non-lethal force against a knife wielding suspect was not malicious or unreasonable therefore not actionable by the plaintiffs

135Copyrighted by Dave Young

1990

Plakas v Drinski 19 F3rd 1143 (7th Cir 1994) cert Denied 115 S Ct 81 (1994)

This case involved the shooting of a suspect who was

wielding a fire poker When the officer attempted to

arrest him he charged the officer with the fire poker and

was shot by police

(1)Plaintiffs who sued on behalf of the deceased claimed the officer did not use other means of force available to him at that time listing disabling chemical spray a police dog and distance

136Copyrighted by Dave Young

1990

Plakas v Drinski 19 F3rd 1143 (7th Cir 1994) cert Denied 115 SCt 81 (1994)

(2) The court stated ldquothat to permit every jury in this type of case to hear expert testimony that the defendant would have been uninjured if only the police had been able to use disabling gas or a capture net or a electrical device

(a)A municipality is liable because it failed to buy this equipment

(b)The Constitution does not enact a police administratorrsquos

equipment listlsquordquo

(c) The court ruled that there is no legal precedent that requires an officer to utilize alternatives to deadly force

137Copyrighted by Dave Young

1990

Davis v Mason County 927 F2d 1473 (9th Cir 1991)

aThe court ruled that the department had adequate training on the technical components of the use of force but did not have adequate training on the constitutional limits of the use of force in effecting arrests

138Copyrighted by Dave Young

1990

Davis v Mason County 927 F2d 1473 (9th Cir 1991)

b In other words the officers were trained on the how but not on the why and when the force is appropriate

c Court Recommendation Training should include confrontational scenarios of situations that require decision making then articulation by the officer as to the justification for the force used or not used

139Copyrighted by Dave Young

1990

Quezada v County of Bernalillo 944 F2d 710 (10th Cir 1991)

a The court ruled that an officer might be held liable for putting himself in a situation that requires him to use deadly force against an armed suicidal person

b This case involved an officer who left a position of cover to confront a suicidal subject

140Copyrighted by Dave Young

1990

141

Dave YoungFounder amp Director

ARMA Training

Website wwwarmatrainingcom772-913-1615

copyrighted by Dave Young 1994

Presence

109

Verbal Commands

bull Please stand over there bull Please sit down on the chairbull Stop put your hands downbull Ending with ldquoDo it nowrdquobull Professional Tone amp Attitude

110

NON-Verbal

111

Verbalization

112

SOFT PHYSICAL TECHNIQUES

bull Slight touching or guiding contact

bull Cupping an elbow to escort Lightly grabbing an arm or shoulder

bull AIMING WEAPON113

Aiming WeaponFinger OFF

Trigger

114

HARD PHYSICAL TECHNIQUES

bull Limb Control Techniquesbull Takedown Ground Stabilizationbull Dynamic Countermeasuresbull Impact Techniquesbull Electrical Devicesbull Hand held impact weapons bull Specialty Impact Munitions

115

Firing the Weapon116

DEADLY FORCE

bull Impact Weaponsbull SIM ndash Changing Aiming Point

bull Neck Restraintbull Firearm

117

Transitioning to

firearm

118

Chapter 8

Documentation

Documentationbull Collect all munitions expended and photographed when practical

ndashEvery CasingndashMark Misfired or Damaged rounds 120

Documentation

bull An inventory of munitions used and not used should be noted

ndashWhat was issued and went out

ndashWhat was fired and misfiredndashWhat was lost and not recovered 121

Documentation

bull A report should be written detailing the order in which the events occurred and the police actions that were required

122

Documentation

bull Report the effectiveness of the various types of SIMrsquos and their delivery systems

ndashWhat did I fire that didnrsquot

ndashWhat did I fire that did123

Documentationbull Document any injuries sustained and property damage incurred

ndashInjuries to SubjectndashOfficersndashBystanders

124

Documentationbull After the crowd has dispersed it

is necessary to move rapidly into the target area to remove lingering groups and to prevent the crowd from regrouping and continuing illegal activity

ndashFollow ThroughndashSecuring the Area

125

LIABILITY ISSUES

The court will decide whether the actions of the officers were

(1)Consistent with the limits set forth by the constitution federal and state laws

(2)Consistent with departmental policy and procedures

(3)Consistent with training the officer received to handle such situations

126

5 Important Questions to ASK

bull What was the distance angle and elevation

bull What was the construction of the round used

bull What was the size of the subjectbull What was the expected point of impactbull What was the training of the shooter

127

Questions the Court will ASK

(1) Look at the conduct of other officers who were present andor participated in the actions

(2) The conduct of supervisors who may have authorized the actions of officers

128

Questions the Court will ASK

(1) Were the actions of the officers consistent with their training

(2) Was the training adequate and acceptable by contemporary standards

If the officers were not trained does it amountto deliberate indifference on the part of the

agency 129

Was the actions of the officer

bull A trained techniquebull Was it a dynamic application of

the trained techniquebull Was it an untrained technique

justified under the circumstances

130

Case Law

Know your laws

Graham v Connor 490 US 386 (1989)

a The US Supreme Court case that defined the standard under which excessive force claims would be judged

(1) The standard established was that of objective reasonableness(2) Prior to this the standard was police behavior that shocks the conscienceldquo

bIn this case the court redefined and set forth a less subjective standard

132Copyrighted by Dave Young

1990

City of Canton v Harris 489 US 378 109 S Ct 1197 (1989)

a In this case a woman was arrested and did not receive necessary medical attention after a shift commander was made aware of her condition and decided she did not need medical attention

b Although on the face the City of Canton policy addressed medical issues they were grossly negligent in that they did not provide the shift commanders with the proper training to make such decisions 133

Copyrighted by Dave Young 1990

City of Canton v Harris 489 US 378 109 S Ct 1197 (1989)

c There were many issues that emerged from this case however the primary issue was that of failure to train on the part of the city That negligence amounted to being deliberately in different to the rights of the plaintiff

The implications of Canton v Harris can also go beyond training issues however the burden of proving the Standard of deliberate indifference is on the plaintiff and not easy to prove

d Court Recommendation The duties that officers are assigned to perform must be accompanied with adequate training to perform that function

134Copyrighted by Dave Young

1990

ONeal v DeKalb County GA 850 F2d 653 (11th Cir 1988)

a A mental subject stabbed 7 people before being confronted by the police After repeatedly ordering the subject to drop the knife and lay on the floor the subject rushed the officers and was shot to death

b The court ruled that the use of deadly force instead of non-lethal force against a knife wielding suspect was not malicious or unreasonable therefore not actionable by the plaintiffs

135Copyrighted by Dave Young

1990

Plakas v Drinski 19 F3rd 1143 (7th Cir 1994) cert Denied 115 S Ct 81 (1994)

This case involved the shooting of a suspect who was

wielding a fire poker When the officer attempted to

arrest him he charged the officer with the fire poker and

was shot by police

(1)Plaintiffs who sued on behalf of the deceased claimed the officer did not use other means of force available to him at that time listing disabling chemical spray a police dog and distance

136Copyrighted by Dave Young

1990

Plakas v Drinski 19 F3rd 1143 (7th Cir 1994) cert Denied 115 SCt 81 (1994)

(2) The court stated ldquothat to permit every jury in this type of case to hear expert testimony that the defendant would have been uninjured if only the police had been able to use disabling gas or a capture net or a electrical device

(a)A municipality is liable because it failed to buy this equipment

(b)The Constitution does not enact a police administratorrsquos

equipment listlsquordquo

(c) The court ruled that there is no legal precedent that requires an officer to utilize alternatives to deadly force

137Copyrighted by Dave Young

1990

Davis v Mason County 927 F2d 1473 (9th Cir 1991)

aThe court ruled that the department had adequate training on the technical components of the use of force but did not have adequate training on the constitutional limits of the use of force in effecting arrests

138Copyrighted by Dave Young

1990

Davis v Mason County 927 F2d 1473 (9th Cir 1991)

b In other words the officers were trained on the how but not on the why and when the force is appropriate

c Court Recommendation Training should include confrontational scenarios of situations that require decision making then articulation by the officer as to the justification for the force used or not used

139Copyrighted by Dave Young

1990

Quezada v County of Bernalillo 944 F2d 710 (10th Cir 1991)

a The court ruled that an officer might be held liable for putting himself in a situation that requires him to use deadly force against an armed suicidal person

b This case involved an officer who left a position of cover to confront a suicidal subject

140Copyrighted by Dave Young

1990

141

Dave YoungFounder amp Director

ARMA Training

Website wwwarmatrainingcom772-913-1615

copyrighted by Dave Young 1994

Verbal Commands

bull Please stand over there bull Please sit down on the chairbull Stop put your hands downbull Ending with ldquoDo it nowrdquobull Professional Tone amp Attitude

110

NON-Verbal

111

Verbalization

112

SOFT PHYSICAL TECHNIQUES

bull Slight touching or guiding contact

bull Cupping an elbow to escort Lightly grabbing an arm or shoulder

bull AIMING WEAPON113

Aiming WeaponFinger OFF

Trigger

114

HARD PHYSICAL TECHNIQUES

bull Limb Control Techniquesbull Takedown Ground Stabilizationbull Dynamic Countermeasuresbull Impact Techniquesbull Electrical Devicesbull Hand held impact weapons bull Specialty Impact Munitions

115

Firing the Weapon116

DEADLY FORCE

bull Impact Weaponsbull SIM ndash Changing Aiming Point

bull Neck Restraintbull Firearm

117

Transitioning to

firearm

118

Chapter 8

Documentation

Documentationbull Collect all munitions expended and photographed when practical

ndashEvery CasingndashMark Misfired or Damaged rounds 120

Documentation

bull An inventory of munitions used and not used should be noted

ndashWhat was issued and went out

ndashWhat was fired and misfiredndashWhat was lost and not recovered 121

Documentation

bull A report should be written detailing the order in which the events occurred and the police actions that were required

122

Documentation

bull Report the effectiveness of the various types of SIMrsquos and their delivery systems

ndashWhat did I fire that didnrsquot

ndashWhat did I fire that did123

Documentationbull Document any injuries sustained and property damage incurred

ndashInjuries to SubjectndashOfficersndashBystanders

124

Documentationbull After the crowd has dispersed it

is necessary to move rapidly into the target area to remove lingering groups and to prevent the crowd from regrouping and continuing illegal activity

ndashFollow ThroughndashSecuring the Area

125

LIABILITY ISSUES

The court will decide whether the actions of the officers were

(1)Consistent with the limits set forth by the constitution federal and state laws

(2)Consistent with departmental policy and procedures

(3)Consistent with training the officer received to handle such situations

126

5 Important Questions to ASK

bull What was the distance angle and elevation

bull What was the construction of the round used

bull What was the size of the subjectbull What was the expected point of impactbull What was the training of the shooter

127

Questions the Court will ASK

(1) Look at the conduct of other officers who were present andor participated in the actions

(2) The conduct of supervisors who may have authorized the actions of officers

128

Questions the Court will ASK

(1) Were the actions of the officers consistent with their training

(2) Was the training adequate and acceptable by contemporary standards

If the officers were not trained does it amountto deliberate indifference on the part of the

agency 129

Was the actions of the officer

bull A trained techniquebull Was it a dynamic application of

the trained techniquebull Was it an untrained technique

justified under the circumstances

130

Case Law

Know your laws

Graham v Connor 490 US 386 (1989)

a The US Supreme Court case that defined the standard under which excessive force claims would be judged

(1) The standard established was that of objective reasonableness(2) Prior to this the standard was police behavior that shocks the conscienceldquo

bIn this case the court redefined and set forth a less subjective standard

132Copyrighted by Dave Young

1990

City of Canton v Harris 489 US 378 109 S Ct 1197 (1989)

a In this case a woman was arrested and did not receive necessary medical attention after a shift commander was made aware of her condition and decided she did not need medical attention

b Although on the face the City of Canton policy addressed medical issues they were grossly negligent in that they did not provide the shift commanders with the proper training to make such decisions 133

Copyrighted by Dave Young 1990

City of Canton v Harris 489 US 378 109 S Ct 1197 (1989)

c There were many issues that emerged from this case however the primary issue was that of failure to train on the part of the city That negligence amounted to being deliberately in different to the rights of the plaintiff

The implications of Canton v Harris can also go beyond training issues however the burden of proving the Standard of deliberate indifference is on the plaintiff and not easy to prove

d Court Recommendation The duties that officers are assigned to perform must be accompanied with adequate training to perform that function

134Copyrighted by Dave Young

1990

ONeal v DeKalb County GA 850 F2d 653 (11th Cir 1988)

a A mental subject stabbed 7 people before being confronted by the police After repeatedly ordering the subject to drop the knife and lay on the floor the subject rushed the officers and was shot to death

b The court ruled that the use of deadly force instead of non-lethal force against a knife wielding suspect was not malicious or unreasonable therefore not actionable by the plaintiffs

135Copyrighted by Dave Young

1990

Plakas v Drinski 19 F3rd 1143 (7th Cir 1994) cert Denied 115 S Ct 81 (1994)

This case involved the shooting of a suspect who was

wielding a fire poker When the officer attempted to

arrest him he charged the officer with the fire poker and

was shot by police

(1)Plaintiffs who sued on behalf of the deceased claimed the officer did not use other means of force available to him at that time listing disabling chemical spray a police dog and distance

136Copyrighted by Dave Young

1990

Plakas v Drinski 19 F3rd 1143 (7th Cir 1994) cert Denied 115 SCt 81 (1994)

(2) The court stated ldquothat to permit every jury in this type of case to hear expert testimony that the defendant would have been uninjured if only the police had been able to use disabling gas or a capture net or a electrical device

(a)A municipality is liable because it failed to buy this equipment

(b)The Constitution does not enact a police administratorrsquos

equipment listlsquordquo

(c) The court ruled that there is no legal precedent that requires an officer to utilize alternatives to deadly force

137Copyrighted by Dave Young

1990

Davis v Mason County 927 F2d 1473 (9th Cir 1991)

aThe court ruled that the department had adequate training on the technical components of the use of force but did not have adequate training on the constitutional limits of the use of force in effecting arrests

138Copyrighted by Dave Young

1990

Davis v Mason County 927 F2d 1473 (9th Cir 1991)

b In other words the officers were trained on the how but not on the why and when the force is appropriate

c Court Recommendation Training should include confrontational scenarios of situations that require decision making then articulation by the officer as to the justification for the force used or not used

139Copyrighted by Dave Young

1990

Quezada v County of Bernalillo 944 F2d 710 (10th Cir 1991)

a The court ruled that an officer might be held liable for putting himself in a situation that requires him to use deadly force against an armed suicidal person

b This case involved an officer who left a position of cover to confront a suicidal subject

140Copyrighted by Dave Young

1990

141

Dave YoungFounder amp Director

ARMA Training

Website wwwarmatrainingcom772-913-1615

copyrighted by Dave Young 1994

NON-Verbal

111

Verbalization

112

SOFT PHYSICAL TECHNIQUES

bull Slight touching or guiding contact

bull Cupping an elbow to escort Lightly grabbing an arm or shoulder

bull AIMING WEAPON113

Aiming WeaponFinger OFF

Trigger

114

HARD PHYSICAL TECHNIQUES

bull Limb Control Techniquesbull Takedown Ground Stabilizationbull Dynamic Countermeasuresbull Impact Techniquesbull Electrical Devicesbull Hand held impact weapons bull Specialty Impact Munitions

115

Firing the Weapon116

DEADLY FORCE

bull Impact Weaponsbull SIM ndash Changing Aiming Point

bull Neck Restraintbull Firearm

117

Transitioning to

firearm

118

Chapter 8

Documentation

Documentationbull Collect all munitions expended and photographed when practical

ndashEvery CasingndashMark Misfired or Damaged rounds 120

Documentation

bull An inventory of munitions used and not used should be noted

ndashWhat was issued and went out

ndashWhat was fired and misfiredndashWhat was lost and not recovered 121

Documentation

bull A report should be written detailing the order in which the events occurred and the police actions that were required

122

Documentation

bull Report the effectiveness of the various types of SIMrsquos and their delivery systems

ndashWhat did I fire that didnrsquot

ndashWhat did I fire that did123

Documentationbull Document any injuries sustained and property damage incurred

ndashInjuries to SubjectndashOfficersndashBystanders

124

Documentationbull After the crowd has dispersed it

is necessary to move rapidly into the target area to remove lingering groups and to prevent the crowd from regrouping and continuing illegal activity

ndashFollow ThroughndashSecuring the Area

125

LIABILITY ISSUES

The court will decide whether the actions of the officers were

(1)Consistent with the limits set forth by the constitution federal and state laws

(2)Consistent with departmental policy and procedures

(3)Consistent with training the officer received to handle such situations

126

5 Important Questions to ASK

bull What was the distance angle and elevation

bull What was the construction of the round used

bull What was the size of the subjectbull What was the expected point of impactbull What was the training of the shooter

127

Questions the Court will ASK

(1) Look at the conduct of other officers who were present andor participated in the actions

(2) The conduct of supervisors who may have authorized the actions of officers

128

Questions the Court will ASK

(1) Were the actions of the officers consistent with their training

(2) Was the training adequate and acceptable by contemporary standards

If the officers were not trained does it amountto deliberate indifference on the part of the

agency 129

Was the actions of the officer

bull A trained techniquebull Was it a dynamic application of

the trained techniquebull Was it an untrained technique

justified under the circumstances

130

Case Law

Know your laws

Graham v Connor 490 US 386 (1989)

a The US Supreme Court case that defined the standard under which excessive force claims would be judged

(1) The standard established was that of objective reasonableness(2) Prior to this the standard was police behavior that shocks the conscienceldquo

bIn this case the court redefined and set forth a less subjective standard

132Copyrighted by Dave Young

1990

City of Canton v Harris 489 US 378 109 S Ct 1197 (1989)

a In this case a woman was arrested and did not receive necessary medical attention after a shift commander was made aware of her condition and decided she did not need medical attention

b Although on the face the City of Canton policy addressed medical issues they were grossly negligent in that they did not provide the shift commanders with the proper training to make such decisions 133

Copyrighted by Dave Young 1990

City of Canton v Harris 489 US 378 109 S Ct 1197 (1989)

c There were many issues that emerged from this case however the primary issue was that of failure to train on the part of the city That negligence amounted to being deliberately in different to the rights of the plaintiff

The implications of Canton v Harris can also go beyond training issues however the burden of proving the Standard of deliberate indifference is on the plaintiff and not easy to prove

d Court Recommendation The duties that officers are assigned to perform must be accompanied with adequate training to perform that function

134Copyrighted by Dave Young

1990

ONeal v DeKalb County GA 850 F2d 653 (11th Cir 1988)

a A mental subject stabbed 7 people before being confronted by the police After repeatedly ordering the subject to drop the knife and lay on the floor the subject rushed the officers and was shot to death

b The court ruled that the use of deadly force instead of non-lethal force against a knife wielding suspect was not malicious or unreasonable therefore not actionable by the plaintiffs

135Copyrighted by Dave Young

1990

Plakas v Drinski 19 F3rd 1143 (7th Cir 1994) cert Denied 115 S Ct 81 (1994)

This case involved the shooting of a suspect who was

wielding a fire poker When the officer attempted to

arrest him he charged the officer with the fire poker and

was shot by police

(1)Plaintiffs who sued on behalf of the deceased claimed the officer did not use other means of force available to him at that time listing disabling chemical spray a police dog and distance

136Copyrighted by Dave Young

1990

Plakas v Drinski 19 F3rd 1143 (7th Cir 1994) cert Denied 115 SCt 81 (1994)

(2) The court stated ldquothat to permit every jury in this type of case to hear expert testimony that the defendant would have been uninjured if only the police had been able to use disabling gas or a capture net or a electrical device

(a)A municipality is liable because it failed to buy this equipment

(b)The Constitution does not enact a police administratorrsquos

equipment listlsquordquo

(c) The court ruled that there is no legal precedent that requires an officer to utilize alternatives to deadly force

137Copyrighted by Dave Young

1990

Davis v Mason County 927 F2d 1473 (9th Cir 1991)

aThe court ruled that the department had adequate training on the technical components of the use of force but did not have adequate training on the constitutional limits of the use of force in effecting arrests

138Copyrighted by Dave Young

1990

Davis v Mason County 927 F2d 1473 (9th Cir 1991)

b In other words the officers were trained on the how but not on the why and when the force is appropriate

c Court Recommendation Training should include confrontational scenarios of situations that require decision making then articulation by the officer as to the justification for the force used or not used

139Copyrighted by Dave Young

1990

Quezada v County of Bernalillo 944 F2d 710 (10th Cir 1991)

a The court ruled that an officer might be held liable for putting himself in a situation that requires him to use deadly force against an armed suicidal person

b This case involved an officer who left a position of cover to confront a suicidal subject

140Copyrighted by Dave Young

1990

141

Dave YoungFounder amp Director

ARMA Training

Website wwwarmatrainingcom772-913-1615

copyrighted by Dave Young 1994

Verbalization

112

SOFT PHYSICAL TECHNIQUES

bull Slight touching or guiding contact

bull Cupping an elbow to escort Lightly grabbing an arm or shoulder

bull AIMING WEAPON113

Aiming WeaponFinger OFF

Trigger

114

HARD PHYSICAL TECHNIQUES

bull Limb Control Techniquesbull Takedown Ground Stabilizationbull Dynamic Countermeasuresbull Impact Techniquesbull Electrical Devicesbull Hand held impact weapons bull Specialty Impact Munitions

115

Firing the Weapon116

DEADLY FORCE

bull Impact Weaponsbull SIM ndash Changing Aiming Point

bull Neck Restraintbull Firearm

117

Transitioning to

firearm

118

Chapter 8

Documentation

Documentationbull Collect all munitions expended and photographed when practical

ndashEvery CasingndashMark Misfired or Damaged rounds 120

Documentation

bull An inventory of munitions used and not used should be noted

ndashWhat was issued and went out

ndashWhat was fired and misfiredndashWhat was lost and not recovered 121

Documentation

bull A report should be written detailing the order in which the events occurred and the police actions that were required

122

Documentation

bull Report the effectiveness of the various types of SIMrsquos and their delivery systems

ndashWhat did I fire that didnrsquot

ndashWhat did I fire that did123

Documentationbull Document any injuries sustained and property damage incurred

ndashInjuries to SubjectndashOfficersndashBystanders

124

Documentationbull After the crowd has dispersed it

is necessary to move rapidly into the target area to remove lingering groups and to prevent the crowd from regrouping and continuing illegal activity

ndashFollow ThroughndashSecuring the Area

125

LIABILITY ISSUES

The court will decide whether the actions of the officers were

(1)Consistent with the limits set forth by the constitution federal and state laws

(2)Consistent with departmental policy and procedures

(3)Consistent with training the officer received to handle such situations

126

5 Important Questions to ASK

bull What was the distance angle and elevation

bull What was the construction of the round used

bull What was the size of the subjectbull What was the expected point of impactbull What was the training of the shooter

127

Questions the Court will ASK

(1) Look at the conduct of other officers who were present andor participated in the actions

(2) The conduct of supervisors who may have authorized the actions of officers

128

Questions the Court will ASK

(1) Were the actions of the officers consistent with their training

(2) Was the training adequate and acceptable by contemporary standards

If the officers were not trained does it amountto deliberate indifference on the part of the

agency 129

Was the actions of the officer

bull A trained techniquebull Was it a dynamic application of

the trained techniquebull Was it an untrained technique

justified under the circumstances

130

Case Law

Know your laws

Graham v Connor 490 US 386 (1989)

a The US Supreme Court case that defined the standard under which excessive force claims would be judged

(1) The standard established was that of objective reasonableness(2) Prior to this the standard was police behavior that shocks the conscienceldquo

bIn this case the court redefined and set forth a less subjective standard

132Copyrighted by Dave Young

1990

City of Canton v Harris 489 US 378 109 S Ct 1197 (1989)

a In this case a woman was arrested and did not receive necessary medical attention after a shift commander was made aware of her condition and decided she did not need medical attention

b Although on the face the City of Canton policy addressed medical issues they were grossly negligent in that they did not provide the shift commanders with the proper training to make such decisions 133

Copyrighted by Dave Young 1990

City of Canton v Harris 489 US 378 109 S Ct 1197 (1989)

c There were many issues that emerged from this case however the primary issue was that of failure to train on the part of the city That negligence amounted to being deliberately in different to the rights of the plaintiff

The implications of Canton v Harris can also go beyond training issues however the burden of proving the Standard of deliberate indifference is on the plaintiff and not easy to prove

d Court Recommendation The duties that officers are assigned to perform must be accompanied with adequate training to perform that function

134Copyrighted by Dave Young

1990

ONeal v DeKalb County GA 850 F2d 653 (11th Cir 1988)

a A mental subject stabbed 7 people before being confronted by the police After repeatedly ordering the subject to drop the knife and lay on the floor the subject rushed the officers and was shot to death

b The court ruled that the use of deadly force instead of non-lethal force against a knife wielding suspect was not malicious or unreasonable therefore not actionable by the plaintiffs

135Copyrighted by Dave Young

1990

Plakas v Drinski 19 F3rd 1143 (7th Cir 1994) cert Denied 115 S Ct 81 (1994)

This case involved the shooting of a suspect who was

wielding a fire poker When the officer attempted to

arrest him he charged the officer with the fire poker and

was shot by police

(1)Plaintiffs who sued on behalf of the deceased claimed the officer did not use other means of force available to him at that time listing disabling chemical spray a police dog and distance

136Copyrighted by Dave Young

1990

Plakas v Drinski 19 F3rd 1143 (7th Cir 1994) cert Denied 115 SCt 81 (1994)

(2) The court stated ldquothat to permit every jury in this type of case to hear expert testimony that the defendant would have been uninjured if only the police had been able to use disabling gas or a capture net or a electrical device

(a)A municipality is liable because it failed to buy this equipment

(b)The Constitution does not enact a police administratorrsquos

equipment listlsquordquo

(c) The court ruled that there is no legal precedent that requires an officer to utilize alternatives to deadly force

137Copyrighted by Dave Young

1990

Davis v Mason County 927 F2d 1473 (9th Cir 1991)

aThe court ruled that the department had adequate training on the technical components of the use of force but did not have adequate training on the constitutional limits of the use of force in effecting arrests

138Copyrighted by Dave Young

1990

Davis v Mason County 927 F2d 1473 (9th Cir 1991)

b In other words the officers were trained on the how but not on the why and when the force is appropriate

c Court Recommendation Training should include confrontational scenarios of situations that require decision making then articulation by the officer as to the justification for the force used or not used

139Copyrighted by Dave Young

1990

Quezada v County of Bernalillo 944 F2d 710 (10th Cir 1991)

a The court ruled that an officer might be held liable for putting himself in a situation that requires him to use deadly force against an armed suicidal person

b This case involved an officer who left a position of cover to confront a suicidal subject

140Copyrighted by Dave Young

1990

141

Dave YoungFounder amp Director

ARMA Training

Website wwwarmatrainingcom772-913-1615

copyrighted by Dave Young 1994

SOFT PHYSICAL TECHNIQUES

bull Slight touching or guiding contact

bull Cupping an elbow to escort Lightly grabbing an arm or shoulder

bull AIMING WEAPON113

Aiming WeaponFinger OFF

Trigger

114

HARD PHYSICAL TECHNIQUES

bull Limb Control Techniquesbull Takedown Ground Stabilizationbull Dynamic Countermeasuresbull Impact Techniquesbull Electrical Devicesbull Hand held impact weapons bull Specialty Impact Munitions

115

Firing the Weapon116

DEADLY FORCE

bull Impact Weaponsbull SIM ndash Changing Aiming Point

bull Neck Restraintbull Firearm

117

Transitioning to

firearm

118

Chapter 8

Documentation

Documentationbull Collect all munitions expended and photographed when practical

ndashEvery CasingndashMark Misfired or Damaged rounds 120

Documentation

bull An inventory of munitions used and not used should be noted

ndashWhat was issued and went out

ndashWhat was fired and misfiredndashWhat was lost and not recovered 121

Documentation

bull A report should be written detailing the order in which the events occurred and the police actions that were required

122

Documentation

bull Report the effectiveness of the various types of SIMrsquos and their delivery systems

ndashWhat did I fire that didnrsquot

ndashWhat did I fire that did123

Documentationbull Document any injuries sustained and property damage incurred

ndashInjuries to SubjectndashOfficersndashBystanders

124

Documentationbull After the crowd has dispersed it

is necessary to move rapidly into the target area to remove lingering groups and to prevent the crowd from regrouping and continuing illegal activity

ndashFollow ThroughndashSecuring the Area

125

LIABILITY ISSUES

The court will decide whether the actions of the officers were

(1)Consistent with the limits set forth by the constitution federal and state laws

(2)Consistent with departmental policy and procedures

(3)Consistent with training the officer received to handle such situations

126

5 Important Questions to ASK

bull What was the distance angle and elevation

bull What was the construction of the round used

bull What was the size of the subjectbull What was the expected point of impactbull What was the training of the shooter

127

Questions the Court will ASK

(1) Look at the conduct of other officers who were present andor participated in the actions

(2) The conduct of supervisors who may have authorized the actions of officers

128

Questions the Court will ASK

(1) Were the actions of the officers consistent with their training

(2) Was the training adequate and acceptable by contemporary standards

If the officers were not trained does it amountto deliberate indifference on the part of the

agency 129

Was the actions of the officer

bull A trained techniquebull Was it a dynamic application of

the trained techniquebull Was it an untrained technique

justified under the circumstances

130

Case Law

Know your laws

Graham v Connor 490 US 386 (1989)

a The US Supreme Court case that defined the standard under which excessive force claims would be judged

(1) The standard established was that of objective reasonableness(2) Prior to this the standard was police behavior that shocks the conscienceldquo

bIn this case the court redefined and set forth a less subjective standard

132Copyrighted by Dave Young

1990

City of Canton v Harris 489 US 378 109 S Ct 1197 (1989)

a In this case a woman was arrested and did not receive necessary medical attention after a shift commander was made aware of her condition and decided she did not need medical attention

b Although on the face the City of Canton policy addressed medical issues they were grossly negligent in that they did not provide the shift commanders with the proper training to make such decisions 133

Copyrighted by Dave Young 1990

City of Canton v Harris 489 US 378 109 S Ct 1197 (1989)

c There were many issues that emerged from this case however the primary issue was that of failure to train on the part of the city That negligence amounted to being deliberately in different to the rights of the plaintiff

The implications of Canton v Harris can also go beyond training issues however the burden of proving the Standard of deliberate indifference is on the plaintiff and not easy to prove

d Court Recommendation The duties that officers are assigned to perform must be accompanied with adequate training to perform that function

134Copyrighted by Dave Young

1990

ONeal v DeKalb County GA 850 F2d 653 (11th Cir 1988)

a A mental subject stabbed 7 people before being confronted by the police After repeatedly ordering the subject to drop the knife and lay on the floor the subject rushed the officers and was shot to death

b The court ruled that the use of deadly force instead of non-lethal force against a knife wielding suspect was not malicious or unreasonable therefore not actionable by the plaintiffs

135Copyrighted by Dave Young

1990

Plakas v Drinski 19 F3rd 1143 (7th Cir 1994) cert Denied 115 S Ct 81 (1994)

This case involved the shooting of a suspect who was

wielding a fire poker When the officer attempted to

arrest him he charged the officer with the fire poker and

was shot by police

(1)Plaintiffs who sued on behalf of the deceased claimed the officer did not use other means of force available to him at that time listing disabling chemical spray a police dog and distance

136Copyrighted by Dave Young

1990

Plakas v Drinski 19 F3rd 1143 (7th Cir 1994) cert Denied 115 SCt 81 (1994)

(2) The court stated ldquothat to permit every jury in this type of case to hear expert testimony that the defendant would have been uninjured if only the police had been able to use disabling gas or a capture net or a electrical device

(a)A municipality is liable because it failed to buy this equipment

(b)The Constitution does not enact a police administratorrsquos

equipment listlsquordquo

(c) The court ruled that there is no legal precedent that requires an officer to utilize alternatives to deadly force

137Copyrighted by Dave Young

1990

Davis v Mason County 927 F2d 1473 (9th Cir 1991)

aThe court ruled that the department had adequate training on the technical components of the use of force but did not have adequate training on the constitutional limits of the use of force in effecting arrests

138Copyrighted by Dave Young

1990

Davis v Mason County 927 F2d 1473 (9th Cir 1991)

b In other words the officers were trained on the how but not on the why and when the force is appropriate

c Court Recommendation Training should include confrontational scenarios of situations that require decision making then articulation by the officer as to the justification for the force used or not used

139Copyrighted by Dave Young

1990

Quezada v County of Bernalillo 944 F2d 710 (10th Cir 1991)

a The court ruled that an officer might be held liable for putting himself in a situation that requires him to use deadly force against an armed suicidal person

b This case involved an officer who left a position of cover to confront a suicidal subject

140Copyrighted by Dave Young

1990

141

Dave YoungFounder amp Director

ARMA Training

Website wwwarmatrainingcom772-913-1615

copyrighted by Dave Young 1994

Aiming WeaponFinger OFF

Trigger

114

HARD PHYSICAL TECHNIQUES

bull Limb Control Techniquesbull Takedown Ground Stabilizationbull Dynamic Countermeasuresbull Impact Techniquesbull Electrical Devicesbull Hand held impact weapons bull Specialty Impact Munitions

115

Firing the Weapon116

DEADLY FORCE

bull Impact Weaponsbull SIM ndash Changing Aiming Point

bull Neck Restraintbull Firearm

117

Transitioning to

firearm

118

Chapter 8

Documentation

Documentationbull Collect all munitions expended and photographed when practical

ndashEvery CasingndashMark Misfired or Damaged rounds 120

Documentation

bull An inventory of munitions used and not used should be noted

ndashWhat was issued and went out

ndashWhat was fired and misfiredndashWhat was lost and not recovered 121

Documentation

bull A report should be written detailing the order in which the events occurred and the police actions that were required

122

Documentation

bull Report the effectiveness of the various types of SIMrsquos and their delivery systems

ndashWhat did I fire that didnrsquot

ndashWhat did I fire that did123

Documentationbull Document any injuries sustained and property damage incurred

ndashInjuries to SubjectndashOfficersndashBystanders

124

Documentationbull After the crowd has dispersed it

is necessary to move rapidly into the target area to remove lingering groups and to prevent the crowd from regrouping and continuing illegal activity

ndashFollow ThroughndashSecuring the Area

125

LIABILITY ISSUES

The court will decide whether the actions of the officers were

(1)Consistent with the limits set forth by the constitution federal and state laws

(2)Consistent with departmental policy and procedures

(3)Consistent with training the officer received to handle such situations

126

5 Important Questions to ASK

bull What was the distance angle and elevation

bull What was the construction of the round used

bull What was the size of the subjectbull What was the expected point of impactbull What was the training of the shooter

127

Questions the Court will ASK

(1) Look at the conduct of other officers who were present andor participated in the actions

(2) The conduct of supervisors who may have authorized the actions of officers

128

Questions the Court will ASK

(1) Were the actions of the officers consistent with their training

(2) Was the training adequate and acceptable by contemporary standards

If the officers were not trained does it amountto deliberate indifference on the part of the

agency 129

Was the actions of the officer

bull A trained techniquebull Was it a dynamic application of

the trained techniquebull Was it an untrained technique

justified under the circumstances

130

Case Law

Know your laws

Graham v Connor 490 US 386 (1989)

a The US Supreme Court case that defined the standard under which excessive force claims would be judged

(1) The standard established was that of objective reasonableness(2) Prior to this the standard was police behavior that shocks the conscienceldquo

bIn this case the court redefined and set forth a less subjective standard

132Copyrighted by Dave Young

1990

City of Canton v Harris 489 US 378 109 S Ct 1197 (1989)

a In this case a woman was arrested and did not receive necessary medical attention after a shift commander was made aware of her condition and decided she did not need medical attention

b Although on the face the City of Canton policy addressed medical issues they were grossly negligent in that they did not provide the shift commanders with the proper training to make such decisions 133

Copyrighted by Dave Young 1990

City of Canton v Harris 489 US 378 109 S Ct 1197 (1989)

c There were many issues that emerged from this case however the primary issue was that of failure to train on the part of the city That negligence amounted to being deliberately in different to the rights of the plaintiff

The implications of Canton v Harris can also go beyond training issues however the burden of proving the Standard of deliberate indifference is on the plaintiff and not easy to prove

d Court Recommendation The duties that officers are assigned to perform must be accompanied with adequate training to perform that function

134Copyrighted by Dave Young

1990

ONeal v DeKalb County GA 850 F2d 653 (11th Cir 1988)

a A mental subject stabbed 7 people before being confronted by the police After repeatedly ordering the subject to drop the knife and lay on the floor the subject rushed the officers and was shot to death

b The court ruled that the use of deadly force instead of non-lethal force against a knife wielding suspect was not malicious or unreasonable therefore not actionable by the plaintiffs

135Copyrighted by Dave Young

1990

Plakas v Drinski 19 F3rd 1143 (7th Cir 1994) cert Denied 115 S Ct 81 (1994)

This case involved the shooting of a suspect who was

wielding a fire poker When the officer attempted to

arrest him he charged the officer with the fire poker and

was shot by police

(1)Plaintiffs who sued on behalf of the deceased claimed the officer did not use other means of force available to him at that time listing disabling chemical spray a police dog and distance

136Copyrighted by Dave Young

1990

Plakas v Drinski 19 F3rd 1143 (7th Cir 1994) cert Denied 115 SCt 81 (1994)

(2) The court stated ldquothat to permit every jury in this type of case to hear expert testimony that the defendant would have been uninjured if only the police had been able to use disabling gas or a capture net or a electrical device

(a)A municipality is liable because it failed to buy this equipment

(b)The Constitution does not enact a police administratorrsquos

equipment listlsquordquo

(c) The court ruled that there is no legal precedent that requires an officer to utilize alternatives to deadly force

137Copyrighted by Dave Young

1990

Davis v Mason County 927 F2d 1473 (9th Cir 1991)

aThe court ruled that the department had adequate training on the technical components of the use of force but did not have adequate training on the constitutional limits of the use of force in effecting arrests

138Copyrighted by Dave Young

1990

Davis v Mason County 927 F2d 1473 (9th Cir 1991)

b In other words the officers were trained on the how but not on the why and when the force is appropriate

c Court Recommendation Training should include confrontational scenarios of situations that require decision making then articulation by the officer as to the justification for the force used or not used

139Copyrighted by Dave Young

1990

Quezada v County of Bernalillo 944 F2d 710 (10th Cir 1991)

a The court ruled that an officer might be held liable for putting himself in a situation that requires him to use deadly force against an armed suicidal person

b This case involved an officer who left a position of cover to confront a suicidal subject

140Copyrighted by Dave Young

1990

141

Dave YoungFounder amp Director

ARMA Training

Website wwwarmatrainingcom772-913-1615

copyrighted by Dave Young 1994

HARD PHYSICAL TECHNIQUES

bull Limb Control Techniquesbull Takedown Ground Stabilizationbull Dynamic Countermeasuresbull Impact Techniquesbull Electrical Devicesbull Hand held impact weapons bull Specialty Impact Munitions

115

Firing the Weapon116

DEADLY FORCE

bull Impact Weaponsbull SIM ndash Changing Aiming Point

bull Neck Restraintbull Firearm

117

Transitioning to

firearm

118

Chapter 8

Documentation

Documentationbull Collect all munitions expended and photographed when practical

ndashEvery CasingndashMark Misfired or Damaged rounds 120

Documentation

bull An inventory of munitions used and not used should be noted

ndashWhat was issued and went out

ndashWhat was fired and misfiredndashWhat was lost and not recovered 121

Documentation

bull A report should be written detailing the order in which the events occurred and the police actions that were required

122

Documentation

bull Report the effectiveness of the various types of SIMrsquos and their delivery systems

ndashWhat did I fire that didnrsquot

ndashWhat did I fire that did123

Documentationbull Document any injuries sustained and property damage incurred

ndashInjuries to SubjectndashOfficersndashBystanders

124

Documentationbull After the crowd has dispersed it

is necessary to move rapidly into the target area to remove lingering groups and to prevent the crowd from regrouping and continuing illegal activity

ndashFollow ThroughndashSecuring the Area

125

LIABILITY ISSUES

The court will decide whether the actions of the officers were

(1)Consistent with the limits set forth by the constitution federal and state laws

(2)Consistent with departmental policy and procedures

(3)Consistent with training the officer received to handle such situations

126

5 Important Questions to ASK

bull What was the distance angle and elevation

bull What was the construction of the round used

bull What was the size of the subjectbull What was the expected point of impactbull What was the training of the shooter

127

Questions the Court will ASK

(1) Look at the conduct of other officers who were present andor participated in the actions

(2) The conduct of supervisors who may have authorized the actions of officers

128

Questions the Court will ASK

(1) Were the actions of the officers consistent with their training

(2) Was the training adequate and acceptable by contemporary standards

If the officers were not trained does it amountto deliberate indifference on the part of the

agency 129

Was the actions of the officer

bull A trained techniquebull Was it a dynamic application of

the trained techniquebull Was it an untrained technique

justified under the circumstances

130

Case Law

Know your laws

Graham v Connor 490 US 386 (1989)

a The US Supreme Court case that defined the standard under which excessive force claims would be judged

(1) The standard established was that of objective reasonableness(2) Prior to this the standard was police behavior that shocks the conscienceldquo

bIn this case the court redefined and set forth a less subjective standard

132Copyrighted by Dave Young

1990

City of Canton v Harris 489 US 378 109 S Ct 1197 (1989)

a In this case a woman was arrested and did not receive necessary medical attention after a shift commander was made aware of her condition and decided she did not need medical attention

b Although on the face the City of Canton policy addressed medical issues they were grossly negligent in that they did not provide the shift commanders with the proper training to make such decisions 133

Copyrighted by Dave Young 1990

City of Canton v Harris 489 US 378 109 S Ct 1197 (1989)

c There were many issues that emerged from this case however the primary issue was that of failure to train on the part of the city That negligence amounted to being deliberately in different to the rights of the plaintiff

The implications of Canton v Harris can also go beyond training issues however the burden of proving the Standard of deliberate indifference is on the plaintiff and not easy to prove

d Court Recommendation The duties that officers are assigned to perform must be accompanied with adequate training to perform that function

134Copyrighted by Dave Young

1990

ONeal v DeKalb County GA 850 F2d 653 (11th Cir 1988)

a A mental subject stabbed 7 people before being confronted by the police After repeatedly ordering the subject to drop the knife and lay on the floor the subject rushed the officers and was shot to death

b The court ruled that the use of deadly force instead of non-lethal force against a knife wielding suspect was not malicious or unreasonable therefore not actionable by the plaintiffs

135Copyrighted by Dave Young

1990

Plakas v Drinski 19 F3rd 1143 (7th Cir 1994) cert Denied 115 S Ct 81 (1994)

This case involved the shooting of a suspect who was

wielding a fire poker When the officer attempted to

arrest him he charged the officer with the fire poker and

was shot by police

(1)Plaintiffs who sued on behalf of the deceased claimed the officer did not use other means of force available to him at that time listing disabling chemical spray a police dog and distance

136Copyrighted by Dave Young

1990

Plakas v Drinski 19 F3rd 1143 (7th Cir 1994) cert Denied 115 SCt 81 (1994)

(2) The court stated ldquothat to permit every jury in this type of case to hear expert testimony that the defendant would have been uninjured if only the police had been able to use disabling gas or a capture net or a electrical device

(a)A municipality is liable because it failed to buy this equipment

(b)The Constitution does not enact a police administratorrsquos

equipment listlsquordquo

(c) The court ruled that there is no legal precedent that requires an officer to utilize alternatives to deadly force

137Copyrighted by Dave Young

1990

Davis v Mason County 927 F2d 1473 (9th Cir 1991)

aThe court ruled that the department had adequate training on the technical components of the use of force but did not have adequate training on the constitutional limits of the use of force in effecting arrests

138Copyrighted by Dave Young

1990

Davis v Mason County 927 F2d 1473 (9th Cir 1991)

b In other words the officers were trained on the how but not on the why and when the force is appropriate

c Court Recommendation Training should include confrontational scenarios of situations that require decision making then articulation by the officer as to the justification for the force used or not used

139Copyrighted by Dave Young

1990

Quezada v County of Bernalillo 944 F2d 710 (10th Cir 1991)

a The court ruled that an officer might be held liable for putting himself in a situation that requires him to use deadly force against an armed suicidal person

b This case involved an officer who left a position of cover to confront a suicidal subject

140Copyrighted by Dave Young

1990

141

Dave YoungFounder amp Director

ARMA Training

Website wwwarmatrainingcom772-913-1615

copyrighted by Dave Young 1994

Firing the Weapon116

DEADLY FORCE

bull Impact Weaponsbull SIM ndash Changing Aiming Point

bull Neck Restraintbull Firearm

117

Transitioning to

firearm

118

Chapter 8

Documentation

Documentationbull Collect all munitions expended and photographed when practical

ndashEvery CasingndashMark Misfired or Damaged rounds 120

Documentation

bull An inventory of munitions used and not used should be noted

ndashWhat was issued and went out

ndashWhat was fired and misfiredndashWhat was lost and not recovered 121

Documentation

bull A report should be written detailing the order in which the events occurred and the police actions that were required

122

Documentation

bull Report the effectiveness of the various types of SIMrsquos and their delivery systems

ndashWhat did I fire that didnrsquot

ndashWhat did I fire that did123

Documentationbull Document any injuries sustained and property damage incurred

ndashInjuries to SubjectndashOfficersndashBystanders

124

Documentationbull After the crowd has dispersed it

is necessary to move rapidly into the target area to remove lingering groups and to prevent the crowd from regrouping and continuing illegal activity

ndashFollow ThroughndashSecuring the Area

125

LIABILITY ISSUES

The court will decide whether the actions of the officers were

(1)Consistent with the limits set forth by the constitution federal and state laws

(2)Consistent with departmental policy and procedures

(3)Consistent with training the officer received to handle such situations

126

5 Important Questions to ASK

bull What was the distance angle and elevation

bull What was the construction of the round used

bull What was the size of the subjectbull What was the expected point of impactbull What was the training of the shooter

127

Questions the Court will ASK

(1) Look at the conduct of other officers who were present andor participated in the actions

(2) The conduct of supervisors who may have authorized the actions of officers

128

Questions the Court will ASK

(1) Were the actions of the officers consistent with their training

(2) Was the training adequate and acceptable by contemporary standards

If the officers were not trained does it amountto deliberate indifference on the part of the

agency 129

Was the actions of the officer

bull A trained techniquebull Was it a dynamic application of

the trained techniquebull Was it an untrained technique

justified under the circumstances

130

Case Law

Know your laws

Graham v Connor 490 US 386 (1989)

a The US Supreme Court case that defined the standard under which excessive force claims would be judged

(1) The standard established was that of objective reasonableness(2) Prior to this the standard was police behavior that shocks the conscienceldquo

bIn this case the court redefined and set forth a less subjective standard

132Copyrighted by Dave Young

1990

City of Canton v Harris 489 US 378 109 S Ct 1197 (1989)

a In this case a woman was arrested and did not receive necessary medical attention after a shift commander was made aware of her condition and decided she did not need medical attention

b Although on the face the City of Canton policy addressed medical issues they were grossly negligent in that they did not provide the shift commanders with the proper training to make such decisions 133

Copyrighted by Dave Young 1990

City of Canton v Harris 489 US 378 109 S Ct 1197 (1989)

c There were many issues that emerged from this case however the primary issue was that of failure to train on the part of the city That negligence amounted to being deliberately in different to the rights of the plaintiff

The implications of Canton v Harris can also go beyond training issues however the burden of proving the Standard of deliberate indifference is on the plaintiff and not easy to prove

d Court Recommendation The duties that officers are assigned to perform must be accompanied with adequate training to perform that function

134Copyrighted by Dave Young

1990

ONeal v DeKalb County GA 850 F2d 653 (11th Cir 1988)

a A mental subject stabbed 7 people before being confronted by the police After repeatedly ordering the subject to drop the knife and lay on the floor the subject rushed the officers and was shot to death

b The court ruled that the use of deadly force instead of non-lethal force against a knife wielding suspect was not malicious or unreasonable therefore not actionable by the plaintiffs

135Copyrighted by Dave Young

1990

Plakas v Drinski 19 F3rd 1143 (7th Cir 1994) cert Denied 115 S Ct 81 (1994)

This case involved the shooting of a suspect who was

wielding a fire poker When the officer attempted to

arrest him he charged the officer with the fire poker and

was shot by police

(1)Plaintiffs who sued on behalf of the deceased claimed the officer did not use other means of force available to him at that time listing disabling chemical spray a police dog and distance

136Copyrighted by Dave Young

1990

Plakas v Drinski 19 F3rd 1143 (7th Cir 1994) cert Denied 115 SCt 81 (1994)

(2) The court stated ldquothat to permit every jury in this type of case to hear expert testimony that the defendant would have been uninjured if only the police had been able to use disabling gas or a capture net or a electrical device

(a)A municipality is liable because it failed to buy this equipment

(b)The Constitution does not enact a police administratorrsquos

equipment listlsquordquo

(c) The court ruled that there is no legal precedent that requires an officer to utilize alternatives to deadly force

137Copyrighted by Dave Young

1990

Davis v Mason County 927 F2d 1473 (9th Cir 1991)

aThe court ruled that the department had adequate training on the technical components of the use of force but did not have adequate training on the constitutional limits of the use of force in effecting arrests

138Copyrighted by Dave Young

1990

Davis v Mason County 927 F2d 1473 (9th Cir 1991)

b In other words the officers were trained on the how but not on the why and when the force is appropriate

c Court Recommendation Training should include confrontational scenarios of situations that require decision making then articulation by the officer as to the justification for the force used or not used

139Copyrighted by Dave Young

1990

Quezada v County of Bernalillo 944 F2d 710 (10th Cir 1991)

a The court ruled that an officer might be held liable for putting himself in a situation that requires him to use deadly force against an armed suicidal person

b This case involved an officer who left a position of cover to confront a suicidal subject

140Copyrighted by Dave Young

1990

141

Dave YoungFounder amp Director

ARMA Training

Website wwwarmatrainingcom772-913-1615

copyrighted by Dave Young 1994

DEADLY FORCE

bull Impact Weaponsbull SIM ndash Changing Aiming Point

bull Neck Restraintbull Firearm

117

Transitioning to

firearm

118

Chapter 8

Documentation

Documentationbull Collect all munitions expended and photographed when practical

ndashEvery CasingndashMark Misfired or Damaged rounds 120

Documentation

bull An inventory of munitions used and not used should be noted

ndashWhat was issued and went out

ndashWhat was fired and misfiredndashWhat was lost and not recovered 121

Documentation

bull A report should be written detailing the order in which the events occurred and the police actions that were required

122

Documentation

bull Report the effectiveness of the various types of SIMrsquos and their delivery systems

ndashWhat did I fire that didnrsquot

ndashWhat did I fire that did123

Documentationbull Document any injuries sustained and property damage incurred

ndashInjuries to SubjectndashOfficersndashBystanders

124

Documentationbull After the crowd has dispersed it

is necessary to move rapidly into the target area to remove lingering groups and to prevent the crowd from regrouping and continuing illegal activity

ndashFollow ThroughndashSecuring the Area

125

LIABILITY ISSUES

The court will decide whether the actions of the officers were

(1)Consistent with the limits set forth by the constitution federal and state laws

(2)Consistent with departmental policy and procedures

(3)Consistent with training the officer received to handle such situations

126

5 Important Questions to ASK

bull What was the distance angle and elevation

bull What was the construction of the round used

bull What was the size of the subjectbull What was the expected point of impactbull What was the training of the shooter

127

Questions the Court will ASK

(1) Look at the conduct of other officers who were present andor participated in the actions

(2) The conduct of supervisors who may have authorized the actions of officers

128

Questions the Court will ASK

(1) Were the actions of the officers consistent with their training

(2) Was the training adequate and acceptable by contemporary standards

If the officers were not trained does it amountto deliberate indifference on the part of the

agency 129

Was the actions of the officer

bull A trained techniquebull Was it a dynamic application of

the trained techniquebull Was it an untrained technique

justified under the circumstances

130

Case Law

Know your laws

Graham v Connor 490 US 386 (1989)

a The US Supreme Court case that defined the standard under which excessive force claims would be judged

(1) The standard established was that of objective reasonableness(2) Prior to this the standard was police behavior that shocks the conscienceldquo

bIn this case the court redefined and set forth a less subjective standard

132Copyrighted by Dave Young

1990

City of Canton v Harris 489 US 378 109 S Ct 1197 (1989)

a In this case a woman was arrested and did not receive necessary medical attention after a shift commander was made aware of her condition and decided she did not need medical attention

b Although on the face the City of Canton policy addressed medical issues they were grossly negligent in that they did not provide the shift commanders with the proper training to make such decisions 133

Copyrighted by Dave Young 1990

City of Canton v Harris 489 US 378 109 S Ct 1197 (1989)

c There were many issues that emerged from this case however the primary issue was that of failure to train on the part of the city That negligence amounted to being deliberately in different to the rights of the plaintiff

The implications of Canton v Harris can also go beyond training issues however the burden of proving the Standard of deliberate indifference is on the plaintiff and not easy to prove

d Court Recommendation The duties that officers are assigned to perform must be accompanied with adequate training to perform that function

134Copyrighted by Dave Young

1990

ONeal v DeKalb County GA 850 F2d 653 (11th Cir 1988)

a A mental subject stabbed 7 people before being confronted by the police After repeatedly ordering the subject to drop the knife and lay on the floor the subject rushed the officers and was shot to death

b The court ruled that the use of deadly force instead of non-lethal force against a knife wielding suspect was not malicious or unreasonable therefore not actionable by the plaintiffs

135Copyrighted by Dave Young

1990

Plakas v Drinski 19 F3rd 1143 (7th Cir 1994) cert Denied 115 S Ct 81 (1994)

This case involved the shooting of a suspect who was

wielding a fire poker When the officer attempted to

arrest him he charged the officer with the fire poker and

was shot by police

(1)Plaintiffs who sued on behalf of the deceased claimed the officer did not use other means of force available to him at that time listing disabling chemical spray a police dog and distance

136Copyrighted by Dave Young

1990

Plakas v Drinski 19 F3rd 1143 (7th Cir 1994) cert Denied 115 SCt 81 (1994)

(2) The court stated ldquothat to permit every jury in this type of case to hear expert testimony that the defendant would have been uninjured if only the police had been able to use disabling gas or a capture net or a electrical device

(a)A municipality is liable because it failed to buy this equipment

(b)The Constitution does not enact a police administratorrsquos

equipment listlsquordquo

(c) The court ruled that there is no legal precedent that requires an officer to utilize alternatives to deadly force

137Copyrighted by Dave Young

1990

Davis v Mason County 927 F2d 1473 (9th Cir 1991)

aThe court ruled that the department had adequate training on the technical components of the use of force but did not have adequate training on the constitutional limits of the use of force in effecting arrests

138Copyrighted by Dave Young

1990

Davis v Mason County 927 F2d 1473 (9th Cir 1991)

b In other words the officers were trained on the how but not on the why and when the force is appropriate

c Court Recommendation Training should include confrontational scenarios of situations that require decision making then articulation by the officer as to the justification for the force used or not used

139Copyrighted by Dave Young

1990

Quezada v County of Bernalillo 944 F2d 710 (10th Cir 1991)

a The court ruled that an officer might be held liable for putting himself in a situation that requires him to use deadly force against an armed suicidal person

b This case involved an officer who left a position of cover to confront a suicidal subject

140Copyrighted by Dave Young

1990

141

Dave YoungFounder amp Director

ARMA Training

Website wwwarmatrainingcom772-913-1615

copyrighted by Dave Young 1994

Transitioning to

firearm

118

Chapter 8

Documentation

Documentationbull Collect all munitions expended and photographed when practical

ndashEvery CasingndashMark Misfired or Damaged rounds 120

Documentation

bull An inventory of munitions used and not used should be noted

ndashWhat was issued and went out

ndashWhat was fired and misfiredndashWhat was lost and not recovered 121

Documentation

bull A report should be written detailing the order in which the events occurred and the police actions that were required

122

Documentation

bull Report the effectiveness of the various types of SIMrsquos and their delivery systems

ndashWhat did I fire that didnrsquot

ndashWhat did I fire that did123

Documentationbull Document any injuries sustained and property damage incurred

ndashInjuries to SubjectndashOfficersndashBystanders

124

Documentationbull After the crowd has dispersed it

is necessary to move rapidly into the target area to remove lingering groups and to prevent the crowd from regrouping and continuing illegal activity

ndashFollow ThroughndashSecuring the Area

125

LIABILITY ISSUES

The court will decide whether the actions of the officers were

(1)Consistent with the limits set forth by the constitution federal and state laws

(2)Consistent with departmental policy and procedures

(3)Consistent with training the officer received to handle such situations

126

5 Important Questions to ASK

bull What was the distance angle and elevation

bull What was the construction of the round used

bull What was the size of the subjectbull What was the expected point of impactbull What was the training of the shooter

127

Questions the Court will ASK

(1) Look at the conduct of other officers who were present andor participated in the actions

(2) The conduct of supervisors who may have authorized the actions of officers

128

Questions the Court will ASK

(1) Were the actions of the officers consistent with their training

(2) Was the training adequate and acceptable by contemporary standards

If the officers were not trained does it amountto deliberate indifference on the part of the

agency 129

Was the actions of the officer

bull A trained techniquebull Was it a dynamic application of

the trained techniquebull Was it an untrained technique

justified under the circumstances

130

Case Law

Know your laws

Graham v Connor 490 US 386 (1989)

a The US Supreme Court case that defined the standard under which excessive force claims would be judged

(1) The standard established was that of objective reasonableness(2) Prior to this the standard was police behavior that shocks the conscienceldquo

bIn this case the court redefined and set forth a less subjective standard

132Copyrighted by Dave Young

1990

City of Canton v Harris 489 US 378 109 S Ct 1197 (1989)

a In this case a woman was arrested and did not receive necessary medical attention after a shift commander was made aware of her condition and decided she did not need medical attention

b Although on the face the City of Canton policy addressed medical issues they were grossly negligent in that they did not provide the shift commanders with the proper training to make such decisions 133

Copyrighted by Dave Young 1990

City of Canton v Harris 489 US 378 109 S Ct 1197 (1989)

c There were many issues that emerged from this case however the primary issue was that of failure to train on the part of the city That negligence amounted to being deliberately in different to the rights of the plaintiff

The implications of Canton v Harris can also go beyond training issues however the burden of proving the Standard of deliberate indifference is on the plaintiff and not easy to prove

d Court Recommendation The duties that officers are assigned to perform must be accompanied with adequate training to perform that function

134Copyrighted by Dave Young

1990

ONeal v DeKalb County GA 850 F2d 653 (11th Cir 1988)

a A mental subject stabbed 7 people before being confronted by the police After repeatedly ordering the subject to drop the knife and lay on the floor the subject rushed the officers and was shot to death

b The court ruled that the use of deadly force instead of non-lethal force against a knife wielding suspect was not malicious or unreasonable therefore not actionable by the plaintiffs

135Copyrighted by Dave Young

1990

Plakas v Drinski 19 F3rd 1143 (7th Cir 1994) cert Denied 115 S Ct 81 (1994)

This case involved the shooting of a suspect who was

wielding a fire poker When the officer attempted to

arrest him he charged the officer with the fire poker and

was shot by police

(1)Plaintiffs who sued on behalf of the deceased claimed the officer did not use other means of force available to him at that time listing disabling chemical spray a police dog and distance

136Copyrighted by Dave Young

1990

Plakas v Drinski 19 F3rd 1143 (7th Cir 1994) cert Denied 115 SCt 81 (1994)

(2) The court stated ldquothat to permit every jury in this type of case to hear expert testimony that the defendant would have been uninjured if only the police had been able to use disabling gas or a capture net or a electrical device

(a)A municipality is liable because it failed to buy this equipment

(b)The Constitution does not enact a police administratorrsquos

equipment listlsquordquo

(c) The court ruled that there is no legal precedent that requires an officer to utilize alternatives to deadly force

137Copyrighted by Dave Young

1990

Davis v Mason County 927 F2d 1473 (9th Cir 1991)

aThe court ruled that the department had adequate training on the technical components of the use of force but did not have adequate training on the constitutional limits of the use of force in effecting arrests

138Copyrighted by Dave Young

1990

Davis v Mason County 927 F2d 1473 (9th Cir 1991)

b In other words the officers were trained on the how but not on the why and when the force is appropriate

c Court Recommendation Training should include confrontational scenarios of situations that require decision making then articulation by the officer as to the justification for the force used or not used

139Copyrighted by Dave Young

1990

Quezada v County of Bernalillo 944 F2d 710 (10th Cir 1991)

a The court ruled that an officer might be held liable for putting himself in a situation that requires him to use deadly force against an armed suicidal person

b This case involved an officer who left a position of cover to confront a suicidal subject

140Copyrighted by Dave Young

1990

141

Dave YoungFounder amp Director

ARMA Training

Website wwwarmatrainingcom772-913-1615

copyrighted by Dave Young 1994

Chapter 8

Documentation

Documentationbull Collect all munitions expended and photographed when practical

ndashEvery CasingndashMark Misfired or Damaged rounds 120

Documentation

bull An inventory of munitions used and not used should be noted

ndashWhat was issued and went out

ndashWhat was fired and misfiredndashWhat was lost and not recovered 121

Documentation

bull A report should be written detailing the order in which the events occurred and the police actions that were required

122

Documentation

bull Report the effectiveness of the various types of SIMrsquos and their delivery systems

ndashWhat did I fire that didnrsquot

ndashWhat did I fire that did123

Documentationbull Document any injuries sustained and property damage incurred

ndashInjuries to SubjectndashOfficersndashBystanders

124

Documentationbull After the crowd has dispersed it

is necessary to move rapidly into the target area to remove lingering groups and to prevent the crowd from regrouping and continuing illegal activity

ndashFollow ThroughndashSecuring the Area

125

LIABILITY ISSUES

The court will decide whether the actions of the officers were

(1)Consistent with the limits set forth by the constitution federal and state laws

(2)Consistent with departmental policy and procedures

(3)Consistent with training the officer received to handle such situations

126

5 Important Questions to ASK

bull What was the distance angle and elevation

bull What was the construction of the round used

bull What was the size of the subjectbull What was the expected point of impactbull What was the training of the shooter

127

Questions the Court will ASK

(1) Look at the conduct of other officers who were present andor participated in the actions

(2) The conduct of supervisors who may have authorized the actions of officers

128

Questions the Court will ASK

(1) Were the actions of the officers consistent with their training

(2) Was the training adequate and acceptable by contemporary standards

If the officers were not trained does it amountto deliberate indifference on the part of the

agency 129

Was the actions of the officer

bull A trained techniquebull Was it a dynamic application of

the trained techniquebull Was it an untrained technique

justified under the circumstances

130

Case Law

Know your laws

Graham v Connor 490 US 386 (1989)

a The US Supreme Court case that defined the standard under which excessive force claims would be judged

(1) The standard established was that of objective reasonableness(2) Prior to this the standard was police behavior that shocks the conscienceldquo

bIn this case the court redefined and set forth a less subjective standard

132Copyrighted by Dave Young

1990

City of Canton v Harris 489 US 378 109 S Ct 1197 (1989)

a In this case a woman was arrested and did not receive necessary medical attention after a shift commander was made aware of her condition and decided she did not need medical attention

b Although on the face the City of Canton policy addressed medical issues they were grossly negligent in that they did not provide the shift commanders with the proper training to make such decisions 133

Copyrighted by Dave Young 1990

City of Canton v Harris 489 US 378 109 S Ct 1197 (1989)

c There were many issues that emerged from this case however the primary issue was that of failure to train on the part of the city That negligence amounted to being deliberately in different to the rights of the plaintiff

The implications of Canton v Harris can also go beyond training issues however the burden of proving the Standard of deliberate indifference is on the plaintiff and not easy to prove

d Court Recommendation The duties that officers are assigned to perform must be accompanied with adequate training to perform that function

134Copyrighted by Dave Young

1990

ONeal v DeKalb County GA 850 F2d 653 (11th Cir 1988)

a A mental subject stabbed 7 people before being confronted by the police After repeatedly ordering the subject to drop the knife and lay on the floor the subject rushed the officers and was shot to death

b The court ruled that the use of deadly force instead of non-lethal force against a knife wielding suspect was not malicious or unreasonable therefore not actionable by the plaintiffs

135Copyrighted by Dave Young

1990

Plakas v Drinski 19 F3rd 1143 (7th Cir 1994) cert Denied 115 S Ct 81 (1994)

This case involved the shooting of a suspect who was

wielding a fire poker When the officer attempted to

arrest him he charged the officer with the fire poker and

was shot by police

(1)Plaintiffs who sued on behalf of the deceased claimed the officer did not use other means of force available to him at that time listing disabling chemical spray a police dog and distance

136Copyrighted by Dave Young

1990

Plakas v Drinski 19 F3rd 1143 (7th Cir 1994) cert Denied 115 SCt 81 (1994)

(2) The court stated ldquothat to permit every jury in this type of case to hear expert testimony that the defendant would have been uninjured if only the police had been able to use disabling gas or a capture net or a electrical device

(a)A municipality is liable because it failed to buy this equipment

(b)The Constitution does not enact a police administratorrsquos

equipment listlsquordquo

(c) The court ruled that there is no legal precedent that requires an officer to utilize alternatives to deadly force

137Copyrighted by Dave Young

1990

Davis v Mason County 927 F2d 1473 (9th Cir 1991)

aThe court ruled that the department had adequate training on the technical components of the use of force but did not have adequate training on the constitutional limits of the use of force in effecting arrests

138Copyrighted by Dave Young

1990

Davis v Mason County 927 F2d 1473 (9th Cir 1991)

b In other words the officers were trained on the how but not on the why and when the force is appropriate

c Court Recommendation Training should include confrontational scenarios of situations that require decision making then articulation by the officer as to the justification for the force used or not used

139Copyrighted by Dave Young

1990

Quezada v County of Bernalillo 944 F2d 710 (10th Cir 1991)

a The court ruled that an officer might be held liable for putting himself in a situation that requires him to use deadly force against an armed suicidal person

b This case involved an officer who left a position of cover to confront a suicidal subject

140Copyrighted by Dave Young

1990

141

Dave YoungFounder amp Director

ARMA Training

Website wwwarmatrainingcom772-913-1615

copyrighted by Dave Young 1994

Documentationbull Collect all munitions expended and photographed when practical

ndashEvery CasingndashMark Misfired or Damaged rounds 120

Documentation

bull An inventory of munitions used and not used should be noted

ndashWhat was issued and went out

ndashWhat was fired and misfiredndashWhat was lost and not recovered 121

Documentation

bull A report should be written detailing the order in which the events occurred and the police actions that were required

122

Documentation

bull Report the effectiveness of the various types of SIMrsquos and their delivery systems

ndashWhat did I fire that didnrsquot

ndashWhat did I fire that did123

Documentationbull Document any injuries sustained and property damage incurred

ndashInjuries to SubjectndashOfficersndashBystanders

124

Documentationbull After the crowd has dispersed it

is necessary to move rapidly into the target area to remove lingering groups and to prevent the crowd from regrouping and continuing illegal activity

ndashFollow ThroughndashSecuring the Area

125

LIABILITY ISSUES

The court will decide whether the actions of the officers were

(1)Consistent with the limits set forth by the constitution federal and state laws

(2)Consistent with departmental policy and procedures

(3)Consistent with training the officer received to handle such situations

126

5 Important Questions to ASK

bull What was the distance angle and elevation

bull What was the construction of the round used

bull What was the size of the subjectbull What was the expected point of impactbull What was the training of the shooter

127

Questions the Court will ASK

(1) Look at the conduct of other officers who were present andor participated in the actions

(2) The conduct of supervisors who may have authorized the actions of officers

128

Questions the Court will ASK

(1) Were the actions of the officers consistent with their training

(2) Was the training adequate and acceptable by contemporary standards

If the officers were not trained does it amountto deliberate indifference on the part of the

agency 129

Was the actions of the officer

bull A trained techniquebull Was it a dynamic application of

the trained techniquebull Was it an untrained technique

justified under the circumstances

130

Case Law

Know your laws

Graham v Connor 490 US 386 (1989)

a The US Supreme Court case that defined the standard under which excessive force claims would be judged

(1) The standard established was that of objective reasonableness(2) Prior to this the standard was police behavior that shocks the conscienceldquo

bIn this case the court redefined and set forth a less subjective standard

132Copyrighted by Dave Young

1990

City of Canton v Harris 489 US 378 109 S Ct 1197 (1989)

a In this case a woman was arrested and did not receive necessary medical attention after a shift commander was made aware of her condition and decided she did not need medical attention

b Although on the face the City of Canton policy addressed medical issues they were grossly negligent in that they did not provide the shift commanders with the proper training to make such decisions 133

Copyrighted by Dave Young 1990

City of Canton v Harris 489 US 378 109 S Ct 1197 (1989)

c There were many issues that emerged from this case however the primary issue was that of failure to train on the part of the city That negligence amounted to being deliberately in different to the rights of the plaintiff

The implications of Canton v Harris can also go beyond training issues however the burden of proving the Standard of deliberate indifference is on the plaintiff and not easy to prove

d Court Recommendation The duties that officers are assigned to perform must be accompanied with adequate training to perform that function

134Copyrighted by Dave Young

1990

ONeal v DeKalb County GA 850 F2d 653 (11th Cir 1988)

a A mental subject stabbed 7 people before being confronted by the police After repeatedly ordering the subject to drop the knife and lay on the floor the subject rushed the officers and was shot to death

b The court ruled that the use of deadly force instead of non-lethal force against a knife wielding suspect was not malicious or unreasonable therefore not actionable by the plaintiffs

135Copyrighted by Dave Young

1990

Plakas v Drinski 19 F3rd 1143 (7th Cir 1994) cert Denied 115 S Ct 81 (1994)

This case involved the shooting of a suspect who was

wielding a fire poker When the officer attempted to

arrest him he charged the officer with the fire poker and

was shot by police

(1)Plaintiffs who sued on behalf of the deceased claimed the officer did not use other means of force available to him at that time listing disabling chemical spray a police dog and distance

136Copyrighted by Dave Young

1990

Plakas v Drinski 19 F3rd 1143 (7th Cir 1994) cert Denied 115 SCt 81 (1994)

(2) The court stated ldquothat to permit every jury in this type of case to hear expert testimony that the defendant would have been uninjured if only the police had been able to use disabling gas or a capture net or a electrical device

(a)A municipality is liable because it failed to buy this equipment

(b)The Constitution does not enact a police administratorrsquos

equipment listlsquordquo

(c) The court ruled that there is no legal precedent that requires an officer to utilize alternatives to deadly force

137Copyrighted by Dave Young

1990

Davis v Mason County 927 F2d 1473 (9th Cir 1991)

aThe court ruled that the department had adequate training on the technical components of the use of force but did not have adequate training on the constitutional limits of the use of force in effecting arrests

138Copyrighted by Dave Young

1990

Davis v Mason County 927 F2d 1473 (9th Cir 1991)

b In other words the officers were trained on the how but not on the why and when the force is appropriate

c Court Recommendation Training should include confrontational scenarios of situations that require decision making then articulation by the officer as to the justification for the force used or not used

139Copyrighted by Dave Young

1990

Quezada v County of Bernalillo 944 F2d 710 (10th Cir 1991)

a The court ruled that an officer might be held liable for putting himself in a situation that requires him to use deadly force against an armed suicidal person

b This case involved an officer who left a position of cover to confront a suicidal subject

140Copyrighted by Dave Young

1990

141

Dave YoungFounder amp Director

ARMA Training

Website wwwarmatrainingcom772-913-1615

copyrighted by Dave Young 1994

Documentation

bull An inventory of munitions used and not used should be noted

ndashWhat was issued and went out

ndashWhat was fired and misfiredndashWhat was lost and not recovered 121

Documentation

bull A report should be written detailing the order in which the events occurred and the police actions that were required

122

Documentation

bull Report the effectiveness of the various types of SIMrsquos and their delivery systems

ndashWhat did I fire that didnrsquot

ndashWhat did I fire that did123

Documentationbull Document any injuries sustained and property damage incurred

ndashInjuries to SubjectndashOfficersndashBystanders

124

Documentationbull After the crowd has dispersed it

is necessary to move rapidly into the target area to remove lingering groups and to prevent the crowd from regrouping and continuing illegal activity

ndashFollow ThroughndashSecuring the Area

125

LIABILITY ISSUES

The court will decide whether the actions of the officers were

(1)Consistent with the limits set forth by the constitution federal and state laws

(2)Consistent with departmental policy and procedures

(3)Consistent with training the officer received to handle such situations

126

5 Important Questions to ASK

bull What was the distance angle and elevation

bull What was the construction of the round used

bull What was the size of the subjectbull What was the expected point of impactbull What was the training of the shooter

127

Questions the Court will ASK

(1) Look at the conduct of other officers who were present andor participated in the actions

(2) The conduct of supervisors who may have authorized the actions of officers

128

Questions the Court will ASK

(1) Were the actions of the officers consistent with their training

(2) Was the training adequate and acceptable by contemporary standards

If the officers were not trained does it amountto deliberate indifference on the part of the

agency 129

Was the actions of the officer

bull A trained techniquebull Was it a dynamic application of

the trained techniquebull Was it an untrained technique

justified under the circumstances

130

Case Law

Know your laws

Graham v Connor 490 US 386 (1989)

a The US Supreme Court case that defined the standard under which excessive force claims would be judged

(1) The standard established was that of objective reasonableness(2) Prior to this the standard was police behavior that shocks the conscienceldquo

bIn this case the court redefined and set forth a less subjective standard

132Copyrighted by Dave Young

1990

City of Canton v Harris 489 US 378 109 S Ct 1197 (1989)

a In this case a woman was arrested and did not receive necessary medical attention after a shift commander was made aware of her condition and decided she did not need medical attention

b Although on the face the City of Canton policy addressed medical issues they were grossly negligent in that they did not provide the shift commanders with the proper training to make such decisions 133

Copyrighted by Dave Young 1990

City of Canton v Harris 489 US 378 109 S Ct 1197 (1989)

c There were many issues that emerged from this case however the primary issue was that of failure to train on the part of the city That negligence amounted to being deliberately in different to the rights of the plaintiff

The implications of Canton v Harris can also go beyond training issues however the burden of proving the Standard of deliberate indifference is on the plaintiff and not easy to prove

d Court Recommendation The duties that officers are assigned to perform must be accompanied with adequate training to perform that function

134Copyrighted by Dave Young

1990

ONeal v DeKalb County GA 850 F2d 653 (11th Cir 1988)

a A mental subject stabbed 7 people before being confronted by the police After repeatedly ordering the subject to drop the knife and lay on the floor the subject rushed the officers and was shot to death

b The court ruled that the use of deadly force instead of non-lethal force against a knife wielding suspect was not malicious or unreasonable therefore not actionable by the plaintiffs

135Copyrighted by Dave Young

1990

Plakas v Drinski 19 F3rd 1143 (7th Cir 1994) cert Denied 115 S Ct 81 (1994)

This case involved the shooting of a suspect who was

wielding a fire poker When the officer attempted to

arrest him he charged the officer with the fire poker and

was shot by police

(1)Plaintiffs who sued on behalf of the deceased claimed the officer did not use other means of force available to him at that time listing disabling chemical spray a police dog and distance

136Copyrighted by Dave Young

1990

Plakas v Drinski 19 F3rd 1143 (7th Cir 1994) cert Denied 115 SCt 81 (1994)

(2) The court stated ldquothat to permit every jury in this type of case to hear expert testimony that the defendant would have been uninjured if only the police had been able to use disabling gas or a capture net or a electrical device

(a)A municipality is liable because it failed to buy this equipment

(b)The Constitution does not enact a police administratorrsquos

equipment listlsquordquo

(c) The court ruled that there is no legal precedent that requires an officer to utilize alternatives to deadly force

137Copyrighted by Dave Young

1990

Davis v Mason County 927 F2d 1473 (9th Cir 1991)

aThe court ruled that the department had adequate training on the technical components of the use of force but did not have adequate training on the constitutional limits of the use of force in effecting arrests

138Copyrighted by Dave Young

1990

Davis v Mason County 927 F2d 1473 (9th Cir 1991)

b In other words the officers were trained on the how but not on the why and when the force is appropriate

c Court Recommendation Training should include confrontational scenarios of situations that require decision making then articulation by the officer as to the justification for the force used or not used

139Copyrighted by Dave Young

1990

Quezada v County of Bernalillo 944 F2d 710 (10th Cir 1991)

a The court ruled that an officer might be held liable for putting himself in a situation that requires him to use deadly force against an armed suicidal person

b This case involved an officer who left a position of cover to confront a suicidal subject

140Copyrighted by Dave Young

1990

141

Dave YoungFounder amp Director

ARMA Training

Website wwwarmatrainingcom772-913-1615

copyrighted by Dave Young 1994

Documentation

bull A report should be written detailing the order in which the events occurred and the police actions that were required

122

Documentation

bull Report the effectiveness of the various types of SIMrsquos and their delivery systems

ndashWhat did I fire that didnrsquot

ndashWhat did I fire that did123

Documentationbull Document any injuries sustained and property damage incurred

ndashInjuries to SubjectndashOfficersndashBystanders

124

Documentationbull After the crowd has dispersed it

is necessary to move rapidly into the target area to remove lingering groups and to prevent the crowd from regrouping and continuing illegal activity

ndashFollow ThroughndashSecuring the Area

125

LIABILITY ISSUES

The court will decide whether the actions of the officers were

(1)Consistent with the limits set forth by the constitution federal and state laws

(2)Consistent with departmental policy and procedures

(3)Consistent with training the officer received to handle such situations

126

5 Important Questions to ASK

bull What was the distance angle and elevation

bull What was the construction of the round used

bull What was the size of the subjectbull What was the expected point of impactbull What was the training of the shooter

127

Questions the Court will ASK

(1) Look at the conduct of other officers who were present andor participated in the actions

(2) The conduct of supervisors who may have authorized the actions of officers

128

Questions the Court will ASK

(1) Were the actions of the officers consistent with their training

(2) Was the training adequate and acceptable by contemporary standards

If the officers were not trained does it amountto deliberate indifference on the part of the

agency 129

Was the actions of the officer

bull A trained techniquebull Was it a dynamic application of

the trained techniquebull Was it an untrained technique

justified under the circumstances

130

Case Law

Know your laws

Graham v Connor 490 US 386 (1989)

a The US Supreme Court case that defined the standard under which excessive force claims would be judged

(1) The standard established was that of objective reasonableness(2) Prior to this the standard was police behavior that shocks the conscienceldquo

bIn this case the court redefined and set forth a less subjective standard

132Copyrighted by Dave Young

1990

City of Canton v Harris 489 US 378 109 S Ct 1197 (1989)

a In this case a woman was arrested and did not receive necessary medical attention after a shift commander was made aware of her condition and decided she did not need medical attention

b Although on the face the City of Canton policy addressed medical issues they were grossly negligent in that they did not provide the shift commanders with the proper training to make such decisions 133

Copyrighted by Dave Young 1990

City of Canton v Harris 489 US 378 109 S Ct 1197 (1989)

c There were many issues that emerged from this case however the primary issue was that of failure to train on the part of the city That negligence amounted to being deliberately in different to the rights of the plaintiff

The implications of Canton v Harris can also go beyond training issues however the burden of proving the Standard of deliberate indifference is on the plaintiff and not easy to prove

d Court Recommendation The duties that officers are assigned to perform must be accompanied with adequate training to perform that function

134Copyrighted by Dave Young

1990

ONeal v DeKalb County GA 850 F2d 653 (11th Cir 1988)

a A mental subject stabbed 7 people before being confronted by the police After repeatedly ordering the subject to drop the knife and lay on the floor the subject rushed the officers and was shot to death

b The court ruled that the use of deadly force instead of non-lethal force against a knife wielding suspect was not malicious or unreasonable therefore not actionable by the plaintiffs

135Copyrighted by Dave Young

1990

Plakas v Drinski 19 F3rd 1143 (7th Cir 1994) cert Denied 115 S Ct 81 (1994)

This case involved the shooting of a suspect who was

wielding a fire poker When the officer attempted to

arrest him he charged the officer with the fire poker and

was shot by police

(1)Plaintiffs who sued on behalf of the deceased claimed the officer did not use other means of force available to him at that time listing disabling chemical spray a police dog and distance

136Copyrighted by Dave Young

1990

Plakas v Drinski 19 F3rd 1143 (7th Cir 1994) cert Denied 115 SCt 81 (1994)

(2) The court stated ldquothat to permit every jury in this type of case to hear expert testimony that the defendant would have been uninjured if only the police had been able to use disabling gas or a capture net or a electrical device

(a)A municipality is liable because it failed to buy this equipment

(b)The Constitution does not enact a police administratorrsquos

equipment listlsquordquo

(c) The court ruled that there is no legal precedent that requires an officer to utilize alternatives to deadly force

137Copyrighted by Dave Young

1990

Davis v Mason County 927 F2d 1473 (9th Cir 1991)

aThe court ruled that the department had adequate training on the technical components of the use of force but did not have adequate training on the constitutional limits of the use of force in effecting arrests

138Copyrighted by Dave Young

1990

Davis v Mason County 927 F2d 1473 (9th Cir 1991)

b In other words the officers were trained on the how but not on the why and when the force is appropriate

c Court Recommendation Training should include confrontational scenarios of situations that require decision making then articulation by the officer as to the justification for the force used or not used

139Copyrighted by Dave Young

1990

Quezada v County of Bernalillo 944 F2d 710 (10th Cir 1991)

a The court ruled that an officer might be held liable for putting himself in a situation that requires him to use deadly force against an armed suicidal person

b This case involved an officer who left a position of cover to confront a suicidal subject

140Copyrighted by Dave Young

1990

141

Dave YoungFounder amp Director

ARMA Training

Website wwwarmatrainingcom772-913-1615

copyrighted by Dave Young 1994

Documentation

bull Report the effectiveness of the various types of SIMrsquos and their delivery systems

ndashWhat did I fire that didnrsquot

ndashWhat did I fire that did123

Documentationbull Document any injuries sustained and property damage incurred

ndashInjuries to SubjectndashOfficersndashBystanders

124

Documentationbull After the crowd has dispersed it

is necessary to move rapidly into the target area to remove lingering groups and to prevent the crowd from regrouping and continuing illegal activity

ndashFollow ThroughndashSecuring the Area

125

LIABILITY ISSUES

The court will decide whether the actions of the officers were

(1)Consistent with the limits set forth by the constitution federal and state laws

(2)Consistent with departmental policy and procedures

(3)Consistent with training the officer received to handle such situations

126

5 Important Questions to ASK

bull What was the distance angle and elevation

bull What was the construction of the round used

bull What was the size of the subjectbull What was the expected point of impactbull What was the training of the shooter

127

Questions the Court will ASK

(1) Look at the conduct of other officers who were present andor participated in the actions

(2) The conduct of supervisors who may have authorized the actions of officers

128

Questions the Court will ASK

(1) Were the actions of the officers consistent with their training

(2) Was the training adequate and acceptable by contemporary standards

If the officers were not trained does it amountto deliberate indifference on the part of the

agency 129

Was the actions of the officer

bull A trained techniquebull Was it a dynamic application of

the trained techniquebull Was it an untrained technique

justified under the circumstances

130

Case Law

Know your laws

Graham v Connor 490 US 386 (1989)

a The US Supreme Court case that defined the standard under which excessive force claims would be judged

(1) The standard established was that of objective reasonableness(2) Prior to this the standard was police behavior that shocks the conscienceldquo

bIn this case the court redefined and set forth a less subjective standard

132Copyrighted by Dave Young

1990

City of Canton v Harris 489 US 378 109 S Ct 1197 (1989)

a In this case a woman was arrested and did not receive necessary medical attention after a shift commander was made aware of her condition and decided she did not need medical attention

b Although on the face the City of Canton policy addressed medical issues they were grossly negligent in that they did not provide the shift commanders with the proper training to make such decisions 133

Copyrighted by Dave Young 1990

City of Canton v Harris 489 US 378 109 S Ct 1197 (1989)

c There were many issues that emerged from this case however the primary issue was that of failure to train on the part of the city That negligence amounted to being deliberately in different to the rights of the plaintiff

The implications of Canton v Harris can also go beyond training issues however the burden of proving the Standard of deliberate indifference is on the plaintiff and not easy to prove

d Court Recommendation The duties that officers are assigned to perform must be accompanied with adequate training to perform that function

134Copyrighted by Dave Young

1990

ONeal v DeKalb County GA 850 F2d 653 (11th Cir 1988)

a A mental subject stabbed 7 people before being confronted by the police After repeatedly ordering the subject to drop the knife and lay on the floor the subject rushed the officers and was shot to death

b The court ruled that the use of deadly force instead of non-lethal force against a knife wielding suspect was not malicious or unreasonable therefore not actionable by the plaintiffs

135Copyrighted by Dave Young

1990

Plakas v Drinski 19 F3rd 1143 (7th Cir 1994) cert Denied 115 S Ct 81 (1994)

This case involved the shooting of a suspect who was

wielding a fire poker When the officer attempted to

arrest him he charged the officer with the fire poker and

was shot by police

(1)Plaintiffs who sued on behalf of the deceased claimed the officer did not use other means of force available to him at that time listing disabling chemical spray a police dog and distance

136Copyrighted by Dave Young

1990

Plakas v Drinski 19 F3rd 1143 (7th Cir 1994) cert Denied 115 SCt 81 (1994)

(2) The court stated ldquothat to permit every jury in this type of case to hear expert testimony that the defendant would have been uninjured if only the police had been able to use disabling gas or a capture net or a electrical device

(a)A municipality is liable because it failed to buy this equipment

(b)The Constitution does not enact a police administratorrsquos

equipment listlsquordquo

(c) The court ruled that there is no legal precedent that requires an officer to utilize alternatives to deadly force

137Copyrighted by Dave Young

1990

Davis v Mason County 927 F2d 1473 (9th Cir 1991)

aThe court ruled that the department had adequate training on the technical components of the use of force but did not have adequate training on the constitutional limits of the use of force in effecting arrests

138Copyrighted by Dave Young

1990

Davis v Mason County 927 F2d 1473 (9th Cir 1991)

b In other words the officers were trained on the how but not on the why and when the force is appropriate

c Court Recommendation Training should include confrontational scenarios of situations that require decision making then articulation by the officer as to the justification for the force used or not used

139Copyrighted by Dave Young

1990

Quezada v County of Bernalillo 944 F2d 710 (10th Cir 1991)

a The court ruled that an officer might be held liable for putting himself in a situation that requires him to use deadly force against an armed suicidal person

b This case involved an officer who left a position of cover to confront a suicidal subject

140Copyrighted by Dave Young

1990

141

Dave YoungFounder amp Director

ARMA Training

Website wwwarmatrainingcom772-913-1615

copyrighted by Dave Young 1994

Documentationbull Document any injuries sustained and property damage incurred

ndashInjuries to SubjectndashOfficersndashBystanders

124

Documentationbull After the crowd has dispersed it

is necessary to move rapidly into the target area to remove lingering groups and to prevent the crowd from regrouping and continuing illegal activity

ndashFollow ThroughndashSecuring the Area

125

LIABILITY ISSUES

The court will decide whether the actions of the officers were

(1)Consistent with the limits set forth by the constitution federal and state laws

(2)Consistent with departmental policy and procedures

(3)Consistent with training the officer received to handle such situations

126

5 Important Questions to ASK

bull What was the distance angle and elevation

bull What was the construction of the round used

bull What was the size of the subjectbull What was the expected point of impactbull What was the training of the shooter

127

Questions the Court will ASK

(1) Look at the conduct of other officers who were present andor participated in the actions

(2) The conduct of supervisors who may have authorized the actions of officers

128

Questions the Court will ASK

(1) Were the actions of the officers consistent with their training

(2) Was the training adequate and acceptable by contemporary standards

If the officers were not trained does it amountto deliberate indifference on the part of the

agency 129

Was the actions of the officer

bull A trained techniquebull Was it a dynamic application of

the trained techniquebull Was it an untrained technique

justified under the circumstances

130

Case Law

Know your laws

Graham v Connor 490 US 386 (1989)

a The US Supreme Court case that defined the standard under which excessive force claims would be judged

(1) The standard established was that of objective reasonableness(2) Prior to this the standard was police behavior that shocks the conscienceldquo

bIn this case the court redefined and set forth a less subjective standard

132Copyrighted by Dave Young

1990

City of Canton v Harris 489 US 378 109 S Ct 1197 (1989)

a In this case a woman was arrested and did not receive necessary medical attention after a shift commander was made aware of her condition and decided she did not need medical attention

b Although on the face the City of Canton policy addressed medical issues they were grossly negligent in that they did not provide the shift commanders with the proper training to make such decisions 133

Copyrighted by Dave Young 1990

City of Canton v Harris 489 US 378 109 S Ct 1197 (1989)

c There were many issues that emerged from this case however the primary issue was that of failure to train on the part of the city That negligence amounted to being deliberately in different to the rights of the plaintiff

The implications of Canton v Harris can also go beyond training issues however the burden of proving the Standard of deliberate indifference is on the plaintiff and not easy to prove

d Court Recommendation The duties that officers are assigned to perform must be accompanied with adequate training to perform that function

134Copyrighted by Dave Young

1990

ONeal v DeKalb County GA 850 F2d 653 (11th Cir 1988)

a A mental subject stabbed 7 people before being confronted by the police After repeatedly ordering the subject to drop the knife and lay on the floor the subject rushed the officers and was shot to death

b The court ruled that the use of deadly force instead of non-lethal force against a knife wielding suspect was not malicious or unreasonable therefore not actionable by the plaintiffs

135Copyrighted by Dave Young

1990

Plakas v Drinski 19 F3rd 1143 (7th Cir 1994) cert Denied 115 S Ct 81 (1994)

This case involved the shooting of a suspect who was

wielding a fire poker When the officer attempted to

arrest him he charged the officer with the fire poker and

was shot by police

(1)Plaintiffs who sued on behalf of the deceased claimed the officer did not use other means of force available to him at that time listing disabling chemical spray a police dog and distance

136Copyrighted by Dave Young

1990

Plakas v Drinski 19 F3rd 1143 (7th Cir 1994) cert Denied 115 SCt 81 (1994)

(2) The court stated ldquothat to permit every jury in this type of case to hear expert testimony that the defendant would have been uninjured if only the police had been able to use disabling gas or a capture net or a electrical device

(a)A municipality is liable because it failed to buy this equipment

(b)The Constitution does not enact a police administratorrsquos

equipment listlsquordquo

(c) The court ruled that there is no legal precedent that requires an officer to utilize alternatives to deadly force

137Copyrighted by Dave Young

1990

Davis v Mason County 927 F2d 1473 (9th Cir 1991)

aThe court ruled that the department had adequate training on the technical components of the use of force but did not have adequate training on the constitutional limits of the use of force in effecting arrests

138Copyrighted by Dave Young

1990

Davis v Mason County 927 F2d 1473 (9th Cir 1991)

b In other words the officers were trained on the how but not on the why and when the force is appropriate

c Court Recommendation Training should include confrontational scenarios of situations that require decision making then articulation by the officer as to the justification for the force used or not used

139Copyrighted by Dave Young

1990

Quezada v County of Bernalillo 944 F2d 710 (10th Cir 1991)

a The court ruled that an officer might be held liable for putting himself in a situation that requires him to use deadly force against an armed suicidal person

b This case involved an officer who left a position of cover to confront a suicidal subject

140Copyrighted by Dave Young

1990

141

Dave YoungFounder amp Director

ARMA Training

Website wwwarmatrainingcom772-913-1615

copyrighted by Dave Young 1994

Documentationbull After the crowd has dispersed it

is necessary to move rapidly into the target area to remove lingering groups and to prevent the crowd from regrouping and continuing illegal activity

ndashFollow ThroughndashSecuring the Area

125

LIABILITY ISSUES

The court will decide whether the actions of the officers were

(1)Consistent with the limits set forth by the constitution federal and state laws

(2)Consistent with departmental policy and procedures

(3)Consistent with training the officer received to handle such situations

126

5 Important Questions to ASK

bull What was the distance angle and elevation

bull What was the construction of the round used

bull What was the size of the subjectbull What was the expected point of impactbull What was the training of the shooter

127

Questions the Court will ASK

(1) Look at the conduct of other officers who were present andor participated in the actions

(2) The conduct of supervisors who may have authorized the actions of officers

128

Questions the Court will ASK

(1) Were the actions of the officers consistent with their training

(2) Was the training adequate and acceptable by contemporary standards

If the officers were not trained does it amountto deliberate indifference on the part of the

agency 129

Was the actions of the officer

bull A trained techniquebull Was it a dynamic application of

the trained techniquebull Was it an untrained technique

justified under the circumstances

130

Case Law

Know your laws

Graham v Connor 490 US 386 (1989)

a The US Supreme Court case that defined the standard under which excessive force claims would be judged

(1) The standard established was that of objective reasonableness(2) Prior to this the standard was police behavior that shocks the conscienceldquo

bIn this case the court redefined and set forth a less subjective standard

132Copyrighted by Dave Young

1990

City of Canton v Harris 489 US 378 109 S Ct 1197 (1989)

a In this case a woman was arrested and did not receive necessary medical attention after a shift commander was made aware of her condition and decided she did not need medical attention

b Although on the face the City of Canton policy addressed medical issues they were grossly negligent in that they did not provide the shift commanders with the proper training to make such decisions 133

Copyrighted by Dave Young 1990

City of Canton v Harris 489 US 378 109 S Ct 1197 (1989)

c There were many issues that emerged from this case however the primary issue was that of failure to train on the part of the city That negligence amounted to being deliberately in different to the rights of the plaintiff

The implications of Canton v Harris can also go beyond training issues however the burden of proving the Standard of deliberate indifference is on the plaintiff and not easy to prove

d Court Recommendation The duties that officers are assigned to perform must be accompanied with adequate training to perform that function

134Copyrighted by Dave Young

1990

ONeal v DeKalb County GA 850 F2d 653 (11th Cir 1988)

a A mental subject stabbed 7 people before being confronted by the police After repeatedly ordering the subject to drop the knife and lay on the floor the subject rushed the officers and was shot to death

b The court ruled that the use of deadly force instead of non-lethal force against a knife wielding suspect was not malicious or unreasonable therefore not actionable by the plaintiffs

135Copyrighted by Dave Young

1990

Plakas v Drinski 19 F3rd 1143 (7th Cir 1994) cert Denied 115 S Ct 81 (1994)

This case involved the shooting of a suspect who was

wielding a fire poker When the officer attempted to

arrest him he charged the officer with the fire poker and

was shot by police

(1)Plaintiffs who sued on behalf of the deceased claimed the officer did not use other means of force available to him at that time listing disabling chemical spray a police dog and distance

136Copyrighted by Dave Young

1990

Plakas v Drinski 19 F3rd 1143 (7th Cir 1994) cert Denied 115 SCt 81 (1994)

(2) The court stated ldquothat to permit every jury in this type of case to hear expert testimony that the defendant would have been uninjured if only the police had been able to use disabling gas or a capture net or a electrical device

(a)A municipality is liable because it failed to buy this equipment

(b)The Constitution does not enact a police administratorrsquos

equipment listlsquordquo

(c) The court ruled that there is no legal precedent that requires an officer to utilize alternatives to deadly force

137Copyrighted by Dave Young

1990

Davis v Mason County 927 F2d 1473 (9th Cir 1991)

aThe court ruled that the department had adequate training on the technical components of the use of force but did not have adequate training on the constitutional limits of the use of force in effecting arrests

138Copyrighted by Dave Young

1990

Davis v Mason County 927 F2d 1473 (9th Cir 1991)

b In other words the officers were trained on the how but not on the why and when the force is appropriate

c Court Recommendation Training should include confrontational scenarios of situations that require decision making then articulation by the officer as to the justification for the force used or not used

139Copyrighted by Dave Young

1990

Quezada v County of Bernalillo 944 F2d 710 (10th Cir 1991)

a The court ruled that an officer might be held liable for putting himself in a situation that requires him to use deadly force against an armed suicidal person

b This case involved an officer who left a position of cover to confront a suicidal subject

140Copyrighted by Dave Young

1990

141

Dave YoungFounder amp Director

ARMA Training

Website wwwarmatrainingcom772-913-1615

copyrighted by Dave Young 1994

LIABILITY ISSUES

The court will decide whether the actions of the officers were

(1)Consistent with the limits set forth by the constitution federal and state laws

(2)Consistent with departmental policy and procedures

(3)Consistent with training the officer received to handle such situations

126

5 Important Questions to ASK

bull What was the distance angle and elevation

bull What was the construction of the round used

bull What was the size of the subjectbull What was the expected point of impactbull What was the training of the shooter

127

Questions the Court will ASK

(1) Look at the conduct of other officers who were present andor participated in the actions

(2) The conduct of supervisors who may have authorized the actions of officers

128

Questions the Court will ASK

(1) Were the actions of the officers consistent with their training

(2) Was the training adequate and acceptable by contemporary standards

If the officers were not trained does it amountto deliberate indifference on the part of the

agency 129

Was the actions of the officer

bull A trained techniquebull Was it a dynamic application of

the trained techniquebull Was it an untrained technique

justified under the circumstances

130

Case Law

Know your laws

Graham v Connor 490 US 386 (1989)

a The US Supreme Court case that defined the standard under which excessive force claims would be judged

(1) The standard established was that of objective reasonableness(2) Prior to this the standard was police behavior that shocks the conscienceldquo

bIn this case the court redefined and set forth a less subjective standard

132Copyrighted by Dave Young

1990

City of Canton v Harris 489 US 378 109 S Ct 1197 (1989)

a In this case a woman was arrested and did not receive necessary medical attention after a shift commander was made aware of her condition and decided she did not need medical attention

b Although on the face the City of Canton policy addressed medical issues they were grossly negligent in that they did not provide the shift commanders with the proper training to make such decisions 133

Copyrighted by Dave Young 1990

City of Canton v Harris 489 US 378 109 S Ct 1197 (1989)

c There were many issues that emerged from this case however the primary issue was that of failure to train on the part of the city That negligence amounted to being deliberately in different to the rights of the plaintiff

The implications of Canton v Harris can also go beyond training issues however the burden of proving the Standard of deliberate indifference is on the plaintiff and not easy to prove

d Court Recommendation The duties that officers are assigned to perform must be accompanied with adequate training to perform that function

134Copyrighted by Dave Young

1990

ONeal v DeKalb County GA 850 F2d 653 (11th Cir 1988)

a A mental subject stabbed 7 people before being confronted by the police After repeatedly ordering the subject to drop the knife and lay on the floor the subject rushed the officers and was shot to death

b The court ruled that the use of deadly force instead of non-lethal force against a knife wielding suspect was not malicious or unreasonable therefore not actionable by the plaintiffs

135Copyrighted by Dave Young

1990

Plakas v Drinski 19 F3rd 1143 (7th Cir 1994) cert Denied 115 S Ct 81 (1994)

This case involved the shooting of a suspect who was

wielding a fire poker When the officer attempted to

arrest him he charged the officer with the fire poker and

was shot by police

(1)Plaintiffs who sued on behalf of the deceased claimed the officer did not use other means of force available to him at that time listing disabling chemical spray a police dog and distance

136Copyrighted by Dave Young

1990

Plakas v Drinski 19 F3rd 1143 (7th Cir 1994) cert Denied 115 SCt 81 (1994)

(2) The court stated ldquothat to permit every jury in this type of case to hear expert testimony that the defendant would have been uninjured if only the police had been able to use disabling gas or a capture net or a electrical device

(a)A municipality is liable because it failed to buy this equipment

(b)The Constitution does not enact a police administratorrsquos

equipment listlsquordquo

(c) The court ruled that there is no legal precedent that requires an officer to utilize alternatives to deadly force

137Copyrighted by Dave Young

1990

Davis v Mason County 927 F2d 1473 (9th Cir 1991)

aThe court ruled that the department had adequate training on the technical components of the use of force but did not have adequate training on the constitutional limits of the use of force in effecting arrests

138Copyrighted by Dave Young

1990

Davis v Mason County 927 F2d 1473 (9th Cir 1991)

b In other words the officers were trained on the how but not on the why and when the force is appropriate

c Court Recommendation Training should include confrontational scenarios of situations that require decision making then articulation by the officer as to the justification for the force used or not used

139Copyrighted by Dave Young

1990

Quezada v County of Bernalillo 944 F2d 710 (10th Cir 1991)

a The court ruled that an officer might be held liable for putting himself in a situation that requires him to use deadly force against an armed suicidal person

b This case involved an officer who left a position of cover to confront a suicidal subject

140Copyrighted by Dave Young

1990

141

Dave YoungFounder amp Director

ARMA Training

Website wwwarmatrainingcom772-913-1615

copyrighted by Dave Young 1994

5 Important Questions to ASK

bull What was the distance angle and elevation

bull What was the construction of the round used

bull What was the size of the subjectbull What was the expected point of impactbull What was the training of the shooter

127

Questions the Court will ASK

(1) Look at the conduct of other officers who were present andor participated in the actions

(2) The conduct of supervisors who may have authorized the actions of officers

128

Questions the Court will ASK

(1) Were the actions of the officers consistent with their training

(2) Was the training adequate and acceptable by contemporary standards

If the officers were not trained does it amountto deliberate indifference on the part of the

agency 129

Was the actions of the officer

bull A trained techniquebull Was it a dynamic application of

the trained techniquebull Was it an untrained technique

justified under the circumstances

130

Case Law

Know your laws

Graham v Connor 490 US 386 (1989)

a The US Supreme Court case that defined the standard under which excessive force claims would be judged

(1) The standard established was that of objective reasonableness(2) Prior to this the standard was police behavior that shocks the conscienceldquo

bIn this case the court redefined and set forth a less subjective standard

132Copyrighted by Dave Young

1990

City of Canton v Harris 489 US 378 109 S Ct 1197 (1989)

a In this case a woman was arrested and did not receive necessary medical attention after a shift commander was made aware of her condition and decided she did not need medical attention

b Although on the face the City of Canton policy addressed medical issues they were grossly negligent in that they did not provide the shift commanders with the proper training to make such decisions 133

Copyrighted by Dave Young 1990

City of Canton v Harris 489 US 378 109 S Ct 1197 (1989)

c There were many issues that emerged from this case however the primary issue was that of failure to train on the part of the city That negligence amounted to being deliberately in different to the rights of the plaintiff

The implications of Canton v Harris can also go beyond training issues however the burden of proving the Standard of deliberate indifference is on the plaintiff and not easy to prove

d Court Recommendation The duties that officers are assigned to perform must be accompanied with adequate training to perform that function

134Copyrighted by Dave Young

1990

ONeal v DeKalb County GA 850 F2d 653 (11th Cir 1988)

a A mental subject stabbed 7 people before being confronted by the police After repeatedly ordering the subject to drop the knife and lay on the floor the subject rushed the officers and was shot to death

b The court ruled that the use of deadly force instead of non-lethal force against a knife wielding suspect was not malicious or unreasonable therefore not actionable by the plaintiffs

135Copyrighted by Dave Young

1990

Plakas v Drinski 19 F3rd 1143 (7th Cir 1994) cert Denied 115 S Ct 81 (1994)

This case involved the shooting of a suspect who was

wielding a fire poker When the officer attempted to

arrest him he charged the officer with the fire poker and

was shot by police

(1)Plaintiffs who sued on behalf of the deceased claimed the officer did not use other means of force available to him at that time listing disabling chemical spray a police dog and distance

136Copyrighted by Dave Young

1990

Plakas v Drinski 19 F3rd 1143 (7th Cir 1994) cert Denied 115 SCt 81 (1994)

(2) The court stated ldquothat to permit every jury in this type of case to hear expert testimony that the defendant would have been uninjured if only the police had been able to use disabling gas or a capture net or a electrical device

(a)A municipality is liable because it failed to buy this equipment

(b)The Constitution does not enact a police administratorrsquos

equipment listlsquordquo

(c) The court ruled that there is no legal precedent that requires an officer to utilize alternatives to deadly force

137Copyrighted by Dave Young

1990

Davis v Mason County 927 F2d 1473 (9th Cir 1991)

aThe court ruled that the department had adequate training on the technical components of the use of force but did not have adequate training on the constitutional limits of the use of force in effecting arrests

138Copyrighted by Dave Young

1990

Davis v Mason County 927 F2d 1473 (9th Cir 1991)

b In other words the officers were trained on the how but not on the why and when the force is appropriate

c Court Recommendation Training should include confrontational scenarios of situations that require decision making then articulation by the officer as to the justification for the force used or not used

139Copyrighted by Dave Young

1990

Quezada v County of Bernalillo 944 F2d 710 (10th Cir 1991)

a The court ruled that an officer might be held liable for putting himself in a situation that requires him to use deadly force against an armed suicidal person

b This case involved an officer who left a position of cover to confront a suicidal subject

140Copyrighted by Dave Young

1990

141

Dave YoungFounder amp Director

ARMA Training

Website wwwarmatrainingcom772-913-1615

copyrighted by Dave Young 1994

Questions the Court will ASK

(1) Look at the conduct of other officers who were present andor participated in the actions

(2) The conduct of supervisors who may have authorized the actions of officers

128

Questions the Court will ASK

(1) Were the actions of the officers consistent with their training

(2) Was the training adequate and acceptable by contemporary standards

If the officers were not trained does it amountto deliberate indifference on the part of the

agency 129

Was the actions of the officer

bull A trained techniquebull Was it a dynamic application of

the trained techniquebull Was it an untrained technique

justified under the circumstances

130

Case Law

Know your laws

Graham v Connor 490 US 386 (1989)

a The US Supreme Court case that defined the standard under which excessive force claims would be judged

(1) The standard established was that of objective reasonableness(2) Prior to this the standard was police behavior that shocks the conscienceldquo

bIn this case the court redefined and set forth a less subjective standard

132Copyrighted by Dave Young

1990

City of Canton v Harris 489 US 378 109 S Ct 1197 (1989)

a In this case a woman was arrested and did not receive necessary medical attention after a shift commander was made aware of her condition and decided she did not need medical attention

b Although on the face the City of Canton policy addressed medical issues they were grossly negligent in that they did not provide the shift commanders with the proper training to make such decisions 133

Copyrighted by Dave Young 1990

City of Canton v Harris 489 US 378 109 S Ct 1197 (1989)

c There were many issues that emerged from this case however the primary issue was that of failure to train on the part of the city That negligence amounted to being deliberately in different to the rights of the plaintiff

The implications of Canton v Harris can also go beyond training issues however the burden of proving the Standard of deliberate indifference is on the plaintiff and not easy to prove

d Court Recommendation The duties that officers are assigned to perform must be accompanied with adequate training to perform that function

134Copyrighted by Dave Young

1990

ONeal v DeKalb County GA 850 F2d 653 (11th Cir 1988)

a A mental subject stabbed 7 people before being confronted by the police After repeatedly ordering the subject to drop the knife and lay on the floor the subject rushed the officers and was shot to death

b The court ruled that the use of deadly force instead of non-lethal force against a knife wielding suspect was not malicious or unreasonable therefore not actionable by the plaintiffs

135Copyrighted by Dave Young

1990

Plakas v Drinski 19 F3rd 1143 (7th Cir 1994) cert Denied 115 S Ct 81 (1994)

This case involved the shooting of a suspect who was

wielding a fire poker When the officer attempted to

arrest him he charged the officer with the fire poker and

was shot by police

(1)Plaintiffs who sued on behalf of the deceased claimed the officer did not use other means of force available to him at that time listing disabling chemical spray a police dog and distance

136Copyrighted by Dave Young

1990

Plakas v Drinski 19 F3rd 1143 (7th Cir 1994) cert Denied 115 SCt 81 (1994)

(2) The court stated ldquothat to permit every jury in this type of case to hear expert testimony that the defendant would have been uninjured if only the police had been able to use disabling gas or a capture net or a electrical device

(a)A municipality is liable because it failed to buy this equipment

(b)The Constitution does not enact a police administratorrsquos

equipment listlsquordquo

(c) The court ruled that there is no legal precedent that requires an officer to utilize alternatives to deadly force

137Copyrighted by Dave Young

1990

Davis v Mason County 927 F2d 1473 (9th Cir 1991)

aThe court ruled that the department had adequate training on the technical components of the use of force but did not have adequate training on the constitutional limits of the use of force in effecting arrests

138Copyrighted by Dave Young

1990

Davis v Mason County 927 F2d 1473 (9th Cir 1991)

b In other words the officers were trained on the how but not on the why and when the force is appropriate

c Court Recommendation Training should include confrontational scenarios of situations that require decision making then articulation by the officer as to the justification for the force used or not used

139Copyrighted by Dave Young

1990

Quezada v County of Bernalillo 944 F2d 710 (10th Cir 1991)

a The court ruled that an officer might be held liable for putting himself in a situation that requires him to use deadly force against an armed suicidal person

b This case involved an officer who left a position of cover to confront a suicidal subject

140Copyrighted by Dave Young

1990

141

Dave YoungFounder amp Director

ARMA Training

Website wwwarmatrainingcom772-913-1615

copyrighted by Dave Young 1994

Questions the Court will ASK

(1) Were the actions of the officers consistent with their training

(2) Was the training adequate and acceptable by contemporary standards

If the officers were not trained does it amountto deliberate indifference on the part of the

agency 129

Was the actions of the officer

bull A trained techniquebull Was it a dynamic application of

the trained techniquebull Was it an untrained technique

justified under the circumstances

130

Case Law

Know your laws

Graham v Connor 490 US 386 (1989)

a The US Supreme Court case that defined the standard under which excessive force claims would be judged

(1) The standard established was that of objective reasonableness(2) Prior to this the standard was police behavior that shocks the conscienceldquo

bIn this case the court redefined and set forth a less subjective standard

132Copyrighted by Dave Young

1990

City of Canton v Harris 489 US 378 109 S Ct 1197 (1989)

a In this case a woman was arrested and did not receive necessary medical attention after a shift commander was made aware of her condition and decided she did not need medical attention

b Although on the face the City of Canton policy addressed medical issues they were grossly negligent in that they did not provide the shift commanders with the proper training to make such decisions 133

Copyrighted by Dave Young 1990

City of Canton v Harris 489 US 378 109 S Ct 1197 (1989)

c There were many issues that emerged from this case however the primary issue was that of failure to train on the part of the city That negligence amounted to being deliberately in different to the rights of the plaintiff

The implications of Canton v Harris can also go beyond training issues however the burden of proving the Standard of deliberate indifference is on the plaintiff and not easy to prove

d Court Recommendation The duties that officers are assigned to perform must be accompanied with adequate training to perform that function

134Copyrighted by Dave Young

1990

ONeal v DeKalb County GA 850 F2d 653 (11th Cir 1988)

a A mental subject stabbed 7 people before being confronted by the police After repeatedly ordering the subject to drop the knife and lay on the floor the subject rushed the officers and was shot to death

b The court ruled that the use of deadly force instead of non-lethal force against a knife wielding suspect was not malicious or unreasonable therefore not actionable by the plaintiffs

135Copyrighted by Dave Young

1990

Plakas v Drinski 19 F3rd 1143 (7th Cir 1994) cert Denied 115 S Ct 81 (1994)

This case involved the shooting of a suspect who was

wielding a fire poker When the officer attempted to

arrest him he charged the officer with the fire poker and

was shot by police

(1)Plaintiffs who sued on behalf of the deceased claimed the officer did not use other means of force available to him at that time listing disabling chemical spray a police dog and distance

136Copyrighted by Dave Young

1990

Plakas v Drinski 19 F3rd 1143 (7th Cir 1994) cert Denied 115 SCt 81 (1994)

(2) The court stated ldquothat to permit every jury in this type of case to hear expert testimony that the defendant would have been uninjured if only the police had been able to use disabling gas or a capture net or a electrical device

(a)A municipality is liable because it failed to buy this equipment

(b)The Constitution does not enact a police administratorrsquos

equipment listlsquordquo

(c) The court ruled that there is no legal precedent that requires an officer to utilize alternatives to deadly force

137Copyrighted by Dave Young

1990

Davis v Mason County 927 F2d 1473 (9th Cir 1991)

aThe court ruled that the department had adequate training on the technical components of the use of force but did not have adequate training on the constitutional limits of the use of force in effecting arrests

138Copyrighted by Dave Young

1990

Davis v Mason County 927 F2d 1473 (9th Cir 1991)

b In other words the officers were trained on the how but not on the why and when the force is appropriate

c Court Recommendation Training should include confrontational scenarios of situations that require decision making then articulation by the officer as to the justification for the force used or not used

139Copyrighted by Dave Young

1990

Quezada v County of Bernalillo 944 F2d 710 (10th Cir 1991)

a The court ruled that an officer might be held liable for putting himself in a situation that requires him to use deadly force against an armed suicidal person

b This case involved an officer who left a position of cover to confront a suicidal subject

140Copyrighted by Dave Young

1990

141

Dave YoungFounder amp Director

ARMA Training

Website wwwarmatrainingcom772-913-1615

copyrighted by Dave Young 1994

Was the actions of the officer

bull A trained techniquebull Was it a dynamic application of

the trained techniquebull Was it an untrained technique

justified under the circumstances

130

Case Law

Know your laws

Graham v Connor 490 US 386 (1989)

a The US Supreme Court case that defined the standard under which excessive force claims would be judged

(1) The standard established was that of objective reasonableness(2) Prior to this the standard was police behavior that shocks the conscienceldquo

bIn this case the court redefined and set forth a less subjective standard

132Copyrighted by Dave Young

1990

City of Canton v Harris 489 US 378 109 S Ct 1197 (1989)

a In this case a woman was arrested and did not receive necessary medical attention after a shift commander was made aware of her condition and decided she did not need medical attention

b Although on the face the City of Canton policy addressed medical issues they were grossly negligent in that they did not provide the shift commanders with the proper training to make such decisions 133

Copyrighted by Dave Young 1990

City of Canton v Harris 489 US 378 109 S Ct 1197 (1989)

c There were many issues that emerged from this case however the primary issue was that of failure to train on the part of the city That negligence amounted to being deliberately in different to the rights of the plaintiff

The implications of Canton v Harris can also go beyond training issues however the burden of proving the Standard of deliberate indifference is on the plaintiff and not easy to prove

d Court Recommendation The duties that officers are assigned to perform must be accompanied with adequate training to perform that function

134Copyrighted by Dave Young

1990

ONeal v DeKalb County GA 850 F2d 653 (11th Cir 1988)

a A mental subject stabbed 7 people before being confronted by the police After repeatedly ordering the subject to drop the knife and lay on the floor the subject rushed the officers and was shot to death

b The court ruled that the use of deadly force instead of non-lethal force against a knife wielding suspect was not malicious or unreasonable therefore not actionable by the plaintiffs

135Copyrighted by Dave Young

1990

Plakas v Drinski 19 F3rd 1143 (7th Cir 1994) cert Denied 115 S Ct 81 (1994)

This case involved the shooting of a suspect who was

wielding a fire poker When the officer attempted to

arrest him he charged the officer with the fire poker and

was shot by police

(1)Plaintiffs who sued on behalf of the deceased claimed the officer did not use other means of force available to him at that time listing disabling chemical spray a police dog and distance

136Copyrighted by Dave Young

1990

Plakas v Drinski 19 F3rd 1143 (7th Cir 1994) cert Denied 115 SCt 81 (1994)

(2) The court stated ldquothat to permit every jury in this type of case to hear expert testimony that the defendant would have been uninjured if only the police had been able to use disabling gas or a capture net or a electrical device

(a)A municipality is liable because it failed to buy this equipment

(b)The Constitution does not enact a police administratorrsquos

equipment listlsquordquo

(c) The court ruled that there is no legal precedent that requires an officer to utilize alternatives to deadly force

137Copyrighted by Dave Young

1990

Davis v Mason County 927 F2d 1473 (9th Cir 1991)

aThe court ruled that the department had adequate training on the technical components of the use of force but did not have adequate training on the constitutional limits of the use of force in effecting arrests

138Copyrighted by Dave Young

1990

Davis v Mason County 927 F2d 1473 (9th Cir 1991)

b In other words the officers were trained on the how but not on the why and when the force is appropriate

c Court Recommendation Training should include confrontational scenarios of situations that require decision making then articulation by the officer as to the justification for the force used or not used

139Copyrighted by Dave Young

1990

Quezada v County of Bernalillo 944 F2d 710 (10th Cir 1991)

a The court ruled that an officer might be held liable for putting himself in a situation that requires him to use deadly force against an armed suicidal person

b This case involved an officer who left a position of cover to confront a suicidal subject

140Copyrighted by Dave Young

1990

141

Dave YoungFounder amp Director

ARMA Training

Website wwwarmatrainingcom772-913-1615

copyrighted by Dave Young 1994

Case Law

Know your laws

Graham v Connor 490 US 386 (1989)

a The US Supreme Court case that defined the standard under which excessive force claims would be judged

(1) The standard established was that of objective reasonableness(2) Prior to this the standard was police behavior that shocks the conscienceldquo

bIn this case the court redefined and set forth a less subjective standard

132Copyrighted by Dave Young

1990

City of Canton v Harris 489 US 378 109 S Ct 1197 (1989)

a In this case a woman was arrested and did not receive necessary medical attention after a shift commander was made aware of her condition and decided she did not need medical attention

b Although on the face the City of Canton policy addressed medical issues they were grossly negligent in that they did not provide the shift commanders with the proper training to make such decisions 133

Copyrighted by Dave Young 1990

City of Canton v Harris 489 US 378 109 S Ct 1197 (1989)

c There were many issues that emerged from this case however the primary issue was that of failure to train on the part of the city That negligence amounted to being deliberately in different to the rights of the plaintiff

The implications of Canton v Harris can also go beyond training issues however the burden of proving the Standard of deliberate indifference is on the plaintiff and not easy to prove

d Court Recommendation The duties that officers are assigned to perform must be accompanied with adequate training to perform that function

134Copyrighted by Dave Young

1990

ONeal v DeKalb County GA 850 F2d 653 (11th Cir 1988)

a A mental subject stabbed 7 people before being confronted by the police After repeatedly ordering the subject to drop the knife and lay on the floor the subject rushed the officers and was shot to death

b The court ruled that the use of deadly force instead of non-lethal force against a knife wielding suspect was not malicious or unreasonable therefore not actionable by the plaintiffs

135Copyrighted by Dave Young

1990

Plakas v Drinski 19 F3rd 1143 (7th Cir 1994) cert Denied 115 S Ct 81 (1994)

This case involved the shooting of a suspect who was

wielding a fire poker When the officer attempted to

arrest him he charged the officer with the fire poker and

was shot by police

(1)Plaintiffs who sued on behalf of the deceased claimed the officer did not use other means of force available to him at that time listing disabling chemical spray a police dog and distance

136Copyrighted by Dave Young

1990

Plakas v Drinski 19 F3rd 1143 (7th Cir 1994) cert Denied 115 SCt 81 (1994)

(2) The court stated ldquothat to permit every jury in this type of case to hear expert testimony that the defendant would have been uninjured if only the police had been able to use disabling gas or a capture net or a electrical device

(a)A municipality is liable because it failed to buy this equipment

(b)The Constitution does not enact a police administratorrsquos

equipment listlsquordquo

(c) The court ruled that there is no legal precedent that requires an officer to utilize alternatives to deadly force

137Copyrighted by Dave Young

1990

Davis v Mason County 927 F2d 1473 (9th Cir 1991)

aThe court ruled that the department had adequate training on the technical components of the use of force but did not have adequate training on the constitutional limits of the use of force in effecting arrests

138Copyrighted by Dave Young

1990

Davis v Mason County 927 F2d 1473 (9th Cir 1991)

b In other words the officers were trained on the how but not on the why and when the force is appropriate

c Court Recommendation Training should include confrontational scenarios of situations that require decision making then articulation by the officer as to the justification for the force used or not used

139Copyrighted by Dave Young

1990

Quezada v County of Bernalillo 944 F2d 710 (10th Cir 1991)

a The court ruled that an officer might be held liable for putting himself in a situation that requires him to use deadly force against an armed suicidal person

b This case involved an officer who left a position of cover to confront a suicidal subject

140Copyrighted by Dave Young

1990

141

Dave YoungFounder amp Director

ARMA Training

Website wwwarmatrainingcom772-913-1615

copyrighted by Dave Young 1994

Graham v Connor 490 US 386 (1989)

a The US Supreme Court case that defined the standard under which excessive force claims would be judged

(1) The standard established was that of objective reasonableness(2) Prior to this the standard was police behavior that shocks the conscienceldquo

bIn this case the court redefined and set forth a less subjective standard

132Copyrighted by Dave Young

1990

City of Canton v Harris 489 US 378 109 S Ct 1197 (1989)

a In this case a woman was arrested and did not receive necessary medical attention after a shift commander was made aware of her condition and decided she did not need medical attention

b Although on the face the City of Canton policy addressed medical issues they were grossly negligent in that they did not provide the shift commanders with the proper training to make such decisions 133

Copyrighted by Dave Young 1990

City of Canton v Harris 489 US 378 109 S Ct 1197 (1989)

c There were many issues that emerged from this case however the primary issue was that of failure to train on the part of the city That negligence amounted to being deliberately in different to the rights of the plaintiff

The implications of Canton v Harris can also go beyond training issues however the burden of proving the Standard of deliberate indifference is on the plaintiff and not easy to prove

d Court Recommendation The duties that officers are assigned to perform must be accompanied with adequate training to perform that function

134Copyrighted by Dave Young

1990

ONeal v DeKalb County GA 850 F2d 653 (11th Cir 1988)

a A mental subject stabbed 7 people before being confronted by the police After repeatedly ordering the subject to drop the knife and lay on the floor the subject rushed the officers and was shot to death

b The court ruled that the use of deadly force instead of non-lethal force against a knife wielding suspect was not malicious or unreasonable therefore not actionable by the plaintiffs

135Copyrighted by Dave Young

1990

Plakas v Drinski 19 F3rd 1143 (7th Cir 1994) cert Denied 115 S Ct 81 (1994)

This case involved the shooting of a suspect who was

wielding a fire poker When the officer attempted to

arrest him he charged the officer with the fire poker and

was shot by police

(1)Plaintiffs who sued on behalf of the deceased claimed the officer did not use other means of force available to him at that time listing disabling chemical spray a police dog and distance

136Copyrighted by Dave Young

1990

Plakas v Drinski 19 F3rd 1143 (7th Cir 1994) cert Denied 115 SCt 81 (1994)

(2) The court stated ldquothat to permit every jury in this type of case to hear expert testimony that the defendant would have been uninjured if only the police had been able to use disabling gas or a capture net or a electrical device

(a)A municipality is liable because it failed to buy this equipment

(b)The Constitution does not enact a police administratorrsquos

equipment listlsquordquo

(c) The court ruled that there is no legal precedent that requires an officer to utilize alternatives to deadly force

137Copyrighted by Dave Young

1990

Davis v Mason County 927 F2d 1473 (9th Cir 1991)

aThe court ruled that the department had adequate training on the technical components of the use of force but did not have adequate training on the constitutional limits of the use of force in effecting arrests

138Copyrighted by Dave Young

1990

Davis v Mason County 927 F2d 1473 (9th Cir 1991)

b In other words the officers were trained on the how but not on the why and when the force is appropriate

c Court Recommendation Training should include confrontational scenarios of situations that require decision making then articulation by the officer as to the justification for the force used or not used

139Copyrighted by Dave Young

1990

Quezada v County of Bernalillo 944 F2d 710 (10th Cir 1991)

a The court ruled that an officer might be held liable for putting himself in a situation that requires him to use deadly force against an armed suicidal person

b This case involved an officer who left a position of cover to confront a suicidal subject

140Copyrighted by Dave Young

1990

141

Dave YoungFounder amp Director

ARMA Training

Website wwwarmatrainingcom772-913-1615

copyrighted by Dave Young 1994

City of Canton v Harris 489 US 378 109 S Ct 1197 (1989)

a In this case a woman was arrested and did not receive necessary medical attention after a shift commander was made aware of her condition and decided she did not need medical attention

b Although on the face the City of Canton policy addressed medical issues they were grossly negligent in that they did not provide the shift commanders with the proper training to make such decisions 133

Copyrighted by Dave Young 1990

City of Canton v Harris 489 US 378 109 S Ct 1197 (1989)

c There were many issues that emerged from this case however the primary issue was that of failure to train on the part of the city That negligence amounted to being deliberately in different to the rights of the plaintiff

The implications of Canton v Harris can also go beyond training issues however the burden of proving the Standard of deliberate indifference is on the plaintiff and not easy to prove

d Court Recommendation The duties that officers are assigned to perform must be accompanied with adequate training to perform that function

134Copyrighted by Dave Young

1990

ONeal v DeKalb County GA 850 F2d 653 (11th Cir 1988)

a A mental subject stabbed 7 people before being confronted by the police After repeatedly ordering the subject to drop the knife and lay on the floor the subject rushed the officers and was shot to death

b The court ruled that the use of deadly force instead of non-lethal force against a knife wielding suspect was not malicious or unreasonable therefore not actionable by the plaintiffs

135Copyrighted by Dave Young

1990

Plakas v Drinski 19 F3rd 1143 (7th Cir 1994) cert Denied 115 S Ct 81 (1994)

This case involved the shooting of a suspect who was

wielding a fire poker When the officer attempted to

arrest him he charged the officer with the fire poker and

was shot by police

(1)Plaintiffs who sued on behalf of the deceased claimed the officer did not use other means of force available to him at that time listing disabling chemical spray a police dog and distance

136Copyrighted by Dave Young

1990

Plakas v Drinski 19 F3rd 1143 (7th Cir 1994) cert Denied 115 SCt 81 (1994)

(2) The court stated ldquothat to permit every jury in this type of case to hear expert testimony that the defendant would have been uninjured if only the police had been able to use disabling gas or a capture net or a electrical device

(a)A municipality is liable because it failed to buy this equipment

(b)The Constitution does not enact a police administratorrsquos

equipment listlsquordquo

(c) The court ruled that there is no legal precedent that requires an officer to utilize alternatives to deadly force

137Copyrighted by Dave Young

1990

Davis v Mason County 927 F2d 1473 (9th Cir 1991)

aThe court ruled that the department had adequate training on the technical components of the use of force but did not have adequate training on the constitutional limits of the use of force in effecting arrests

138Copyrighted by Dave Young

1990

Davis v Mason County 927 F2d 1473 (9th Cir 1991)

b In other words the officers were trained on the how but not on the why and when the force is appropriate

c Court Recommendation Training should include confrontational scenarios of situations that require decision making then articulation by the officer as to the justification for the force used or not used

139Copyrighted by Dave Young

1990

Quezada v County of Bernalillo 944 F2d 710 (10th Cir 1991)

a The court ruled that an officer might be held liable for putting himself in a situation that requires him to use deadly force against an armed suicidal person

b This case involved an officer who left a position of cover to confront a suicidal subject

140Copyrighted by Dave Young

1990

141

Dave YoungFounder amp Director

ARMA Training

Website wwwarmatrainingcom772-913-1615

copyrighted by Dave Young 1994

City of Canton v Harris 489 US 378 109 S Ct 1197 (1989)

c There were many issues that emerged from this case however the primary issue was that of failure to train on the part of the city That negligence amounted to being deliberately in different to the rights of the plaintiff

The implications of Canton v Harris can also go beyond training issues however the burden of proving the Standard of deliberate indifference is on the plaintiff and not easy to prove

d Court Recommendation The duties that officers are assigned to perform must be accompanied with adequate training to perform that function

134Copyrighted by Dave Young

1990

ONeal v DeKalb County GA 850 F2d 653 (11th Cir 1988)

a A mental subject stabbed 7 people before being confronted by the police After repeatedly ordering the subject to drop the knife and lay on the floor the subject rushed the officers and was shot to death

b The court ruled that the use of deadly force instead of non-lethal force against a knife wielding suspect was not malicious or unreasonable therefore not actionable by the plaintiffs

135Copyrighted by Dave Young

1990

Plakas v Drinski 19 F3rd 1143 (7th Cir 1994) cert Denied 115 S Ct 81 (1994)

This case involved the shooting of a suspect who was

wielding a fire poker When the officer attempted to

arrest him he charged the officer with the fire poker and

was shot by police

(1)Plaintiffs who sued on behalf of the deceased claimed the officer did not use other means of force available to him at that time listing disabling chemical spray a police dog and distance

136Copyrighted by Dave Young

1990

Plakas v Drinski 19 F3rd 1143 (7th Cir 1994) cert Denied 115 SCt 81 (1994)

(2) The court stated ldquothat to permit every jury in this type of case to hear expert testimony that the defendant would have been uninjured if only the police had been able to use disabling gas or a capture net or a electrical device

(a)A municipality is liable because it failed to buy this equipment

(b)The Constitution does not enact a police administratorrsquos

equipment listlsquordquo

(c) The court ruled that there is no legal precedent that requires an officer to utilize alternatives to deadly force

137Copyrighted by Dave Young

1990

Davis v Mason County 927 F2d 1473 (9th Cir 1991)

aThe court ruled that the department had adequate training on the technical components of the use of force but did not have adequate training on the constitutional limits of the use of force in effecting arrests

138Copyrighted by Dave Young

1990

Davis v Mason County 927 F2d 1473 (9th Cir 1991)

b In other words the officers were trained on the how but not on the why and when the force is appropriate

c Court Recommendation Training should include confrontational scenarios of situations that require decision making then articulation by the officer as to the justification for the force used or not used

139Copyrighted by Dave Young

1990

Quezada v County of Bernalillo 944 F2d 710 (10th Cir 1991)

a The court ruled that an officer might be held liable for putting himself in a situation that requires him to use deadly force against an armed suicidal person

b This case involved an officer who left a position of cover to confront a suicidal subject

140Copyrighted by Dave Young

1990

141

Dave YoungFounder amp Director

ARMA Training

Website wwwarmatrainingcom772-913-1615

copyrighted by Dave Young 1994

ONeal v DeKalb County GA 850 F2d 653 (11th Cir 1988)

a A mental subject stabbed 7 people before being confronted by the police After repeatedly ordering the subject to drop the knife and lay on the floor the subject rushed the officers and was shot to death

b The court ruled that the use of deadly force instead of non-lethal force against a knife wielding suspect was not malicious or unreasonable therefore not actionable by the plaintiffs

135Copyrighted by Dave Young

1990

Plakas v Drinski 19 F3rd 1143 (7th Cir 1994) cert Denied 115 S Ct 81 (1994)

This case involved the shooting of a suspect who was

wielding a fire poker When the officer attempted to

arrest him he charged the officer with the fire poker and

was shot by police

(1)Plaintiffs who sued on behalf of the deceased claimed the officer did not use other means of force available to him at that time listing disabling chemical spray a police dog and distance

136Copyrighted by Dave Young

1990

Plakas v Drinski 19 F3rd 1143 (7th Cir 1994) cert Denied 115 SCt 81 (1994)

(2) The court stated ldquothat to permit every jury in this type of case to hear expert testimony that the defendant would have been uninjured if only the police had been able to use disabling gas or a capture net or a electrical device

(a)A municipality is liable because it failed to buy this equipment

(b)The Constitution does not enact a police administratorrsquos

equipment listlsquordquo

(c) The court ruled that there is no legal precedent that requires an officer to utilize alternatives to deadly force

137Copyrighted by Dave Young

1990

Davis v Mason County 927 F2d 1473 (9th Cir 1991)

aThe court ruled that the department had adequate training on the technical components of the use of force but did not have adequate training on the constitutional limits of the use of force in effecting arrests

138Copyrighted by Dave Young

1990

Davis v Mason County 927 F2d 1473 (9th Cir 1991)

b In other words the officers were trained on the how but not on the why and when the force is appropriate

c Court Recommendation Training should include confrontational scenarios of situations that require decision making then articulation by the officer as to the justification for the force used or not used

139Copyrighted by Dave Young

1990

Quezada v County of Bernalillo 944 F2d 710 (10th Cir 1991)

a The court ruled that an officer might be held liable for putting himself in a situation that requires him to use deadly force against an armed suicidal person

b This case involved an officer who left a position of cover to confront a suicidal subject

140Copyrighted by Dave Young

1990

141

Dave YoungFounder amp Director

ARMA Training

Website wwwarmatrainingcom772-913-1615

copyrighted by Dave Young 1994

Plakas v Drinski 19 F3rd 1143 (7th Cir 1994) cert Denied 115 S Ct 81 (1994)

This case involved the shooting of a suspect who was

wielding a fire poker When the officer attempted to

arrest him he charged the officer with the fire poker and

was shot by police

(1)Plaintiffs who sued on behalf of the deceased claimed the officer did not use other means of force available to him at that time listing disabling chemical spray a police dog and distance

136Copyrighted by Dave Young

1990

Plakas v Drinski 19 F3rd 1143 (7th Cir 1994) cert Denied 115 SCt 81 (1994)

(2) The court stated ldquothat to permit every jury in this type of case to hear expert testimony that the defendant would have been uninjured if only the police had been able to use disabling gas or a capture net or a electrical device

(a)A municipality is liable because it failed to buy this equipment

(b)The Constitution does not enact a police administratorrsquos

equipment listlsquordquo

(c) The court ruled that there is no legal precedent that requires an officer to utilize alternatives to deadly force

137Copyrighted by Dave Young

1990

Davis v Mason County 927 F2d 1473 (9th Cir 1991)

aThe court ruled that the department had adequate training on the technical components of the use of force but did not have adequate training on the constitutional limits of the use of force in effecting arrests

138Copyrighted by Dave Young

1990

Davis v Mason County 927 F2d 1473 (9th Cir 1991)

b In other words the officers were trained on the how but not on the why and when the force is appropriate

c Court Recommendation Training should include confrontational scenarios of situations that require decision making then articulation by the officer as to the justification for the force used or not used

139Copyrighted by Dave Young

1990

Quezada v County of Bernalillo 944 F2d 710 (10th Cir 1991)

a The court ruled that an officer might be held liable for putting himself in a situation that requires him to use deadly force against an armed suicidal person

b This case involved an officer who left a position of cover to confront a suicidal subject

140Copyrighted by Dave Young

1990

141

Dave YoungFounder amp Director

ARMA Training

Website wwwarmatrainingcom772-913-1615

copyrighted by Dave Young 1994

Plakas v Drinski 19 F3rd 1143 (7th Cir 1994) cert Denied 115 SCt 81 (1994)

(2) The court stated ldquothat to permit every jury in this type of case to hear expert testimony that the defendant would have been uninjured if only the police had been able to use disabling gas or a capture net or a electrical device

(a)A municipality is liable because it failed to buy this equipment

(b)The Constitution does not enact a police administratorrsquos

equipment listlsquordquo

(c) The court ruled that there is no legal precedent that requires an officer to utilize alternatives to deadly force

137Copyrighted by Dave Young

1990

Davis v Mason County 927 F2d 1473 (9th Cir 1991)

aThe court ruled that the department had adequate training on the technical components of the use of force but did not have adequate training on the constitutional limits of the use of force in effecting arrests

138Copyrighted by Dave Young

1990

Davis v Mason County 927 F2d 1473 (9th Cir 1991)

b In other words the officers were trained on the how but not on the why and when the force is appropriate

c Court Recommendation Training should include confrontational scenarios of situations that require decision making then articulation by the officer as to the justification for the force used or not used

139Copyrighted by Dave Young

1990

Quezada v County of Bernalillo 944 F2d 710 (10th Cir 1991)

a The court ruled that an officer might be held liable for putting himself in a situation that requires him to use deadly force against an armed suicidal person

b This case involved an officer who left a position of cover to confront a suicidal subject

140Copyrighted by Dave Young

1990

141

Dave YoungFounder amp Director

ARMA Training

Website wwwarmatrainingcom772-913-1615

copyrighted by Dave Young 1994

Davis v Mason County 927 F2d 1473 (9th Cir 1991)

aThe court ruled that the department had adequate training on the technical components of the use of force but did not have adequate training on the constitutional limits of the use of force in effecting arrests

138Copyrighted by Dave Young

1990

Davis v Mason County 927 F2d 1473 (9th Cir 1991)

b In other words the officers were trained on the how but not on the why and when the force is appropriate

c Court Recommendation Training should include confrontational scenarios of situations that require decision making then articulation by the officer as to the justification for the force used or not used

139Copyrighted by Dave Young

1990

Quezada v County of Bernalillo 944 F2d 710 (10th Cir 1991)

a The court ruled that an officer might be held liable for putting himself in a situation that requires him to use deadly force against an armed suicidal person

b This case involved an officer who left a position of cover to confront a suicidal subject

140Copyrighted by Dave Young

1990

141

Dave YoungFounder amp Director

ARMA Training

Website wwwarmatrainingcom772-913-1615

copyrighted by Dave Young 1994

Davis v Mason County 927 F2d 1473 (9th Cir 1991)

b In other words the officers were trained on the how but not on the why and when the force is appropriate

c Court Recommendation Training should include confrontational scenarios of situations that require decision making then articulation by the officer as to the justification for the force used or not used

139Copyrighted by Dave Young

1990

Quezada v County of Bernalillo 944 F2d 710 (10th Cir 1991)

a The court ruled that an officer might be held liable for putting himself in a situation that requires him to use deadly force against an armed suicidal person

b This case involved an officer who left a position of cover to confront a suicidal subject

140Copyrighted by Dave Young

1990

141

Dave YoungFounder amp Director

ARMA Training

Website wwwarmatrainingcom772-913-1615

copyrighted by Dave Young 1994

Quezada v County of Bernalillo 944 F2d 710 (10th Cir 1991)

a The court ruled that an officer might be held liable for putting himself in a situation that requires him to use deadly force against an armed suicidal person

b This case involved an officer who left a position of cover to confront a suicidal subject

140Copyrighted by Dave Young

1990

141

Dave YoungFounder amp Director

ARMA Training

Website wwwarmatrainingcom772-913-1615

copyrighted by Dave Young 1994

141

Dave YoungFounder amp Director

ARMA Training

Website wwwarmatrainingcom772-913-1615

copyrighted by Dave Young 1994