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Changing the narrative surrounding police tactical teams

from “risk increasers” to “risk mitigators”

Gregory Deger - Law Enforcement and Public Safety Leadership


LEPS-500: Contemporary Issues in Law Enforcement and Public Safety
Professor Jeffrey Jordon - October 23, 2020
The reluctance of law enforcement leadership to use
police tactical teams (SWAT) properly, or at all,
particularly in the current political climate.

An unwillingness to
utilize SWAT, when
appropriate, places law
enforcement, the public,
and even the suspects at
greater risk for injury or
death.
▪ A Specialized Weapons And Tactics (SWAT) team is a designated unit of law enforcement
officers that is specifically trained and equipped to work as a coordinated team to resolve
critical incidents that are so hazardous, complex, or unusual that they may exceed the
capabilities of first responders or investigative units including, but not limited to:
▪ hostage taking
▪ barricaded suspects
▪ snipers
▪ terrorist acts
▪ other high-risk incidents.
As a matter of department policy, such a unit may also be used to serve high-risk warrants,
both search and arrest, where public and officer safety issues warrant the use of such a
unit.
The mission of the Santa Clara Police Department’s SWAT team shall be the containment,
control, and attempted de-escalation of hostile situations/critical incidents.

(SOURCE: Santa Clara PD Policy 404.1.2 – SWAT TEAM DEFINED)


▪ The Santa Clara PD Special Reponse
Team is the combination of the SWAT
team and the Crisis Negotiation Team
(CNT). This is led by a Lieutenant.
▪ The SWAT team is composed of:
▪ Entry/React Team
▪ Containment Team
▪ Precision Rifle Operators (Snipers)
▪ Breachers
▪ Command Post Personnel
▪ Tactical Dispatchers
▪ Command Post Sergeant/Intel Officer

▪ The SWAT team is supplemented by


Crisis Intervention Training (CIT)
certified CNT Officers.
• A total of 39 specific
factors related to
suspect(s), weapons,
location, and offense
committed are
considered.
• Additionally, checks of
associated parties
present,
increased/decreased
risk with passage of
time, evidence, and
potential hostage
situations are factored in.
• Accountability checks at
bottom ensure the
“homework” is
completed methodically
instead of moving
hastily.
What is higher liability:
Apprehension of a dangerous
subject (and potential use of force
outcomes) vs. Allowing the subject
to remain out in the public?
Public scrutiny vs the mission. Can
we live with the possible “worst case
scenario” outcomes?
- Santa Clara PD Case: 20-514138

- Santa Clara PD Case: 20-828088

- Sunnyvale DPS lack of utilization


▪ Dangerous suspects not ▪ Friction with other law enforcement
apprehended. agencies
▪ Lack of public faith in law ▪ Low morale inside own agency
enforcement to protect innocents. (viewed as a lack of commitment to
apprehending dangerous
▪ Emboldening criminals/rewarding
criminals).
resistive behavior
▪ Decreased competency with SWAT
▪ Potential for other law enforcement
teams (lack of use resulting in
professionals to “stumble” upon the “rust” when it really counts – ex:
suspect unknowingly at a later point hostage rescue incident).
in time.
▪ Increased risk ▪ Increased liability
▪ Utilizing SWAT actually DECREASES ▪ There is no way to completely avoid
the overall risk of the operation. As is litigation in the current operating
taught in the NTOA Team Leader environment for law enforcement in
Development course, “A decrease in America. The key then is not
personnel/equipment results in a complete avoidance of liability, but
correlating increase in risk.” rather reasonableness and
justification of actions.
▪ Detailed operations order
(OPORD)/slide decks

▪ Updated threat assessment

▪ Less lethal devices/measures


▪ County Mental Health Mobile Crisis
Response Team joint response

▪ De-escalation training (CIT, proactive


de-escalation training)

▪ Increased and standardized training


including a focus on the POST-
recommended “SWAT Core
Competencies” (including the mental
aspect of tactical team usage)
- The proper utilization of a combination of SWAT and trained-negotiators, when
appropriate based on standardized threat assessment matrices, makes
communities safer while maintaining the overarching goal of enforcing the law
and serving the great criminal justice system.
- When considering the planning, intelligence, tools/equipment, and de-
escalation measures taken into consideration in modern-day SWAT
operations, as outlined in this presentation, the question is not “why should we
use the SWAT team”, but rather:

WHY SHOULDN’T WE USE THE SWAT TEAM?


▪ Lexipol Knowledge Management System. (2020 February 10). Policy 404.1.2 – SWAT
TEAM DEFINED. Santa Clara Police Department.
▪ National Tactical Officer’s Association. (2018 April). Tactical Response and
Operations Standard for Law Enforcement Agencies. NTOA SWAT Standards.
▪ Fandango Movie Clips. (2018 May 25). S.W.A.T. (2003) – Bank Robbery Assault Scene
(1/10) Movieclips [Video]. YouTube. https://youtu.be/aDU5CcINqyI
▪ Confidential SJPD MERGE Officer. (2020 October 22). Personal Interview.
▪ Confidential Sunnyvale DPS SWAT Lieutenant. (2020 October 20). Personal Interview.
▪ National Tactical Officer’s Association (2020 January 29). SWAT Team Leader
Development course notebook.
▪ California Commission on Peace Officer Standards and Training (POST). (2019
September). SWAT Operational Guidelines and Standardized Training
Recommendations.
▪ CBS Denver. (2020 October 12). Aurora SWAT Walks Away From Standoff: Wanted To
‘Avoid Unnecessary Confrontation’[Video]. YouTube.
https://youtu.be/LNWuIQSZCP8
▪ Fusek, M. (2017 October 31). Sunnyvale Officer-Involved Shooting: Suspect, Police Dog
Dead. Retrieved from: https://patch.com/california/mountainview/sunnyvale-
officer-involved-shooting-under-investigation

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