02/11

Only the Finest!

Firearms Training
Deadly Force
Unit 1

No man is worth his salt who is not ready at all times to risk his body, to risk his well being, to risk his life, in a great cause!
Theodore Roosevelt

Subject Action

Officer Response

Possible Methods of Force

USE OF FORCE GUIDE

Weapons used against officer. Attempting to disarm officer. Actions that are likely to cause serious physical injury or death. Deadly Force Firearms, roadblocks, P.I.T., or other means that are likely to cause serious physical injury or death.

Striking, kicking, or pushing officer. Attacking movement not likely cause serious physical injury or death. An overt physical display of aggression.

Combative Arrest Control Techniques

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

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

Arrest Control Techniques

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

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

Compliance Arrest Control Techniques

Verbal persuasion/ commands, escort position, control holds.

Subject readily follows all direction or commands.

Verbal Communication

Verbal directions, appropriate application of restraints.

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

Deadly Force
Threat level:

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

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

Deadly Force
Threat level: 3. He has demonstrated every intention of using the weapon.
The life of the officer or another person is in danger, and action must be taken to stop the aggressor.

Deadly Force
ABILITY D F OPPORTUNITY

JEOPARDY

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

Deadly Force
Procedures:

2. The officer will shoot as trained to stop the subjects actions as quickly as possible.

Deadly Force
Procedures: 3. The officer will maintain tactical control over the subject until the weapon is no longer in the subjects possession or until any and all resistance has ceased

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

IC 18-4011: Justifiable Homicide by an Officer

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

IC 18-4011: Justifiable Homicide by an Officer

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

IC 18-4011: Justifiable Homicide by an Officer

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

IC 18-4011: Justifiable Homicide by an Officer

Use of deadly force shall not be justified in overcoming actual resistance unless the officer has probable cause to believe that the resistance poses a threat of death or serious physical injury to the officer or to other persons; [or]

IC 18-4011: Justifiable Homicide by an Officer

Use of deadly force shall not be justified in overcoming actual resistance unless the officer has probable cause to believe that the resistance poses a threat of death or serious physical injury to the officer or to other persons; [or]

IC 18-4011: Justifiable Homicide by an Officer

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

IC 18-4011: Justifiable Homicide by an Officer

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

IC 18-4011: Justifiable Homicide by an Officer

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

IC 18-4011: Justifiable Homicide by an Officer

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

Deadly Force on Fleeing Felons

Tennessee v. Garner
Occurred on 10/3/74

15 year old unarmed and fleeing burglar, shot in the back as he tried to avoid police
US Supreme Court declared that deadly force laws against shooting all fleeing felons generally are unconstitutional (illegal seizures under 4th amendment, 3/27/85)

Tennessee v. Garner
Fleeing Felon Rule: Officers may use deadly force against a fleeing felon if:
1. Suspect threatens officer with a weapon, OR 2. These three elements exist simultaneously:
There is probable cause to believe suspect poses a threat of serious harm to the officer or others suspect threatens officer or has committed a crime involving infliction or threat of serious physical harm Deadly force is NECESSARY to prevent escape Officer must give warning if feasible

Use of Force Policy

Graham v. Conner Established constitutional standard for use of force liability (deadly and nondeadly) 4th Amendment is the standard For all claims of excessive force in law enforcement actions, the question is: Are the officers actions objectively reasonable in light of the facts and circumstances confronting them?

What Is Reasonable?
Factors the jury may consider in making a determination of whether force was reasonable:
severity

of the crime

the

immediate threat
is resisting arrest or attempting

whether suspect

to flee
Allowance

must be made for officers who make split-second judgments in circumstances that are tense, uncertain, and rapidly evolving

Consider Deadly Force as a three sided triangle:

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

These factors must be:

Instantly recognizable! Beyond doubt!

Deadly Force

Based upon the Reasonable Officer Standard

Hands

Bludgeon
Deadly Force

Knife

Gun

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

Deadly Force

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

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

Deadly Force

Jeopardy

Deadly Force

Jeopardy

Deadly Force

intent

Consider the following pictures. Would you apply deadly force?

Robbery in progress, New Cumberland, WV

Jeopardy

Suicide attempt

Jeopardy

Jeopardy

Philadelphia, PA

Hostage saved by sniper

Jeopardy

Officer involved shooting Honolulu, Hawaii Jeopardy

Deadly Force

intent

Deadly Force

Jeopardy

Practical aspects of deadly force:

Where do you aim? Center mass of the target given!

Practical aspects of deadly force:

Remember We shoot to Stop the action in progress!

never to kill!

DOCUMENTING USE OF FORCE

Use the Triangle of Force as a starting point. Document facts that justify the use of force with respect to Ability, Opportunity and Jeopardy. Document everything leading up to and after the actual use of force. Remember to talk about reasonable and necessary with respect to the incident. (Why was there no reasonable alternative? Time, distance, weapon.) What you document now will be what be what you rely on in court.

SUMMARY
Objectives DOCUMENTATION

FINISHING THE FIGHT

Only the Finest!