USE OF FORCE For The Security Officer

1
USE OF FORCEFor The Security Officer

• Instructor Dale M. Reiger-Butler
• Co-Instructor Carl Jenkins
• Rockland Community College Security Dept.
• 845-574-4217
• dbutler_at_sunyrockland.edu

2
WELCOME
3
INTRODUCTION

• What do you hope to gain from this course?

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ROLE OF THE INSTRUCTOR

• Officer Survival
• Efficiency of Service
• Criminal/Civil Protection
• Psychological Survival
• Vocational Survival

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PURPOSE OF USE OF FORCE

• Protection of Life and Property
• Overcoming Attack, Resistance, Escape
• Control, Arrest
• Self Defense, Defense of Others
• Any other use, i.e. punishment or revenge is
  UNREASONABLE

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NYS PENAL LAWDEFINITIONS

• Article 10 of the Penal Law
• 1. Offense- conduct for which a sentence to a
  term of imprisonment or a fine is provided by any
  law of this state or by any law, local law or
  ordinance of a political subdivision of this
  state, or by any order or regulation of any
  governmental instrumentality authorized by law to
  adopt the same.

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NYS PENAL LAWDEFINITIONS

• 2. Traffic infraction- any offense defined as
  traffic infraction by section one hundred
  fifty-five of the vehicle and traffic law.
• 3. Violation- an offense, other than a traffic
  infraction, for which a sentence to a term of
  imprisonment in excess of fifteen days cannot be
  imposed.
• 4. Misdemeanor- an offense, other than a traffic
  infraction, for which a sentence to a term of
  imprisonment in excess of fifteen days may be
  imposed, but for which a sentence to a term of
  imprisonment in excess of one year cannot be
  imposed.

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NYS PENAL LAWDEFINITIONS

• 5. Felony- an offense for which a sentence to a
  term of imprisonment in excess of one year may be
  imposed.
• 6. Crime- a misdemeanor or a felony.
• 7. Person- a human being, and where appropriate,
  a public or private corporation, an
  unincorporated association, a partnership, a
  government or a governmental instrumentality.

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NYS PENAL LAWDEFINITIONS

• 8. Possess- to have physical possession or
  otherwise to exercise dominion or control over
  tangible property.
• 9. Physical Injury- impairment of physical
  condition or substantial pain.
• 10. Serious Physical Pain- physical injury which
  creates a substantial risk of death, or which
  causes death or serious and protracted
  disfigurement, protracted impairment of health or
  protracted loss or impairment of the function of
  any bodily organ.

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NYS PENAL LAWDEFINITIONS

• 11. Deadly Physical Force- physical force which,
  under the circumstances in which it is used, is
  readily capable of causing death or other serious
  physical injury.
• 12. Deadly Weapon- any loaded weapon from which a
  shot, readily capable of producing death or other
  serious physical injury, may be discharged, or a
  switchblade knife, dagger, billy, blackjack or
  metal knuckles.

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NYS PENAL LAWDEFINITIONS

• 13. Dangerous Instrument- any instrument, article
  or substance, including a vehicle as that term
  is defined in this section, which under the
  circumstances in which it is used, attempted to
  be used or threatened to be used, is readily
  capable of causing death or other serious
  physical injury.
• 14. Vehicle- a motor vehicle, trailer or
  semi-trailer, as defined in the vehicle and
  traffic law, and any snowmobile as defined in the
  parks and recreation law, any aircraft or any
  vessel equipped for propulsion by mechanical
  means or by sail.

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NYS PENAL LAWDEFINITIONS

• 15. Public Servant- a) any public officer or
  employee of the state or of any political
  subdivision thereof or of any governmental
  instrumentality within the state, or
• b) any person exercising the functions of any
  such public officer or employee. The term public
  servant includes a person who has been elected or
  designated to become a public servant.

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NYS PENAL LAWDEFINITIONS

• 16. Benefit- any gain or advantage to the
  beneficiary and includes any gain or advantage to
  a third person pursuant to the desire or consent
  of the beneficiary.

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ARRESTS

• Scenario

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ARRESTS

• Know the four important questions before
  considering an arrest
• What is an arrest?
• Did an offense in fact occur?
• Did that person in fact commit the offense?
• Must the offense occur in the security officers
  presence for him to be justified in making an
  arrest?

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ARRESTS

• Arrest- the taking of a person into custody that
  he be held to answer for(an offense) (United
  States v. Viale, 1963).
• Custody- the power to control movements of
  someone being arrested and seeing that the person
  is brought to the proper authorities.
• Detention- synonymous with arrest.

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ARRESTS

• LAWS OF ARREST
• Refer to handout Article 140, SECTIONS 140.30
  140.35 140.40. Of the CPL

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ARRESTS

• Felony- serious crime against public order.
  Punishable of imprisonment in excess of one year.
• In His Presence- he or she must have actually
  observed acts which were in themselves (enough to
  show that an offense was) in the course of
  commission (United States v. Viale, 1963).
• In Fact- the felony was in fact committed and the
  person arrested in fact committed the felony.
• NO MISTAKE ON EITHER POINT!

Officer Does not need to have witnessed the
felony.
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ARRESTS

• The security officer can arrest on a felony
  whether or not he witnessed it, however, it must
  have been committed by the person under arrest!
• The security officer can arrest on a felony
  anywhere in NYS.

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ARRESTS

• Other Offenses- (other than a felony) there is
  less authority.
• Person Must have committed the offense
• Must have committed offense in the presence of
  the security officer
• No mistakes on either point!

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ARRESTS

• ARRESTS
• Could the security officer make the arrest in the
  scenario previously discussed?
• Who could have made the arrest?

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LIABILITY

• Civil actions for false arrest are based on
  section 140.30 of CPL.
• Probable Cause- a conclusion that an average
  person would make after examining all of the
  related facts.

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ARRESTS

• Section 140.35 deals with the when and how of
  arrests.
• Security officers can make an arrest any time of
  the day
• Must inform the person of the charge to which he
  is being arrested for
• Justifiable use of force in making the arrest

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ARRESTS

• Procedure after arrest
• Turn over to appropriate police officer without
  unnecessary delay
• Police are not obligated to take custody of
  person

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ARRESTS OF CHILDREN UNDER 16

• SCENARIO

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ARRESTS OF CHILDREN UNDER 16

• Can the security officer arrest the 15 year old
  for harassment (intent to annoy a person by
  striking that person)?
• Refer to handout Section 305.1 of the Family
  Court Act

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Factors Limiting Use of Force

• Constitutional limits
• Federal Statutes and Case Law
• State Statutes and Case Law
• Administrative Rule
• Department Policy, Procedures, Rules and
  Guidelines
• Officer training, experience, equipment and
  available backup

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LAW AND THE USE OF FORCE

• CRIME
• Public injury, fine and/or imprisonment
• Standard of Proof Proof beyond a reasonable
  doubt

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Law and the Use of Force

• Civil Torts
• Private injury, monetary award and injunction or
  declaratory
• Standard of Proof Preponderance of the evidence

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Law and the Use of Force

• Types of Torts
• Negligence
• Foreseeable risk of harm including
• existence of a duty
• breach of that duty
• proximate cause, foreseeable
• loss/damage

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Law and the Use of Force

• b) Lack of due care in using department equipment
  or performing security procedures.

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Law and the Use of Force

• c) Examples
• high-speed chases
• radio
• OC Spray
• handcuffs
• traffic direction
• flashlights
• duties at accidents
• inadequate medical care
• negligent supervision and training

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Law and the Use of Force

• 2. Intentional Torts
• Legal wrong with substantial certainty of harm
• Examples
• assault
• battery
• wrongful death
• false arrest
• trespass
• malicious prosecution
• defamation
• invasion of privacy
• intentional infliction of emotional distress

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Law and the Use of Force

• 3. Constitutional Torts
• a) History- enacted post-civil war to provide
  private individuals access to federal courts when
  their rights under the Thirteenth and Fourteenth
  Amendment rights were infringed upon.

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Law and the Use of Force

• b) Actions most commonly based on alleged
  violations of the First, Fourth, Fifth, Sixth,
  and Fourteenth Amendments i.e. Racial
  discrimination, deprive person of
  constitutionally protected right, conspiracy,
  failure to act.

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Law and the Use of Force

• Damage Awards
• Compensatory Damages
• Awarded to make the injured party whole
• General Damages
• pain and suffering
• emotional distress
• c) Special Damages
• loss of earnings
• medical expenses
• loss of property

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Law and the Use of Force

• 2. Punitive Damages
• Intended to punish
• Individuals not municipalities
• 3. Injunctive Relief
• 4. Assessment of Costs

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Case Law

• Graham vs. Connor
• The Reasonableness Test
• Facts of the case
• The Supreme Courts Ruling
• 2. Reasonableness Standard
• Seizure
• 3. Assessing Reasonableness of force under the
  Fourth Amendment

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Case Law

• 4. The Objective Reasonableness Test
• 5. Factors
• facts and circumstances
• severity
• immediate threat
• actively resisting arrest
• time available
• perspective of a reasonable officer

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Case Law

• 6. Does the end justify the means?
• 7. Ninth Circuit Decision Least Intrusive
  Measures

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OBJECTIVILY REASONABLE FORCE

• Covered under the 4th amendment
• What would an objectively reasonable officer do
• Totality of known circumstances
• Not 20/20 hindsight
• No injury, can still be excessive

• Cant assume the negative if time permits
• Not the least intrusive option
• Judged at moment used
• Outcome of force used is irrelevant

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Factors Affecting Reasonableness

• Imminent threat to officer/others
• Intentionally resisting seizure
• Circumstances are tense, uncertain and rapidly
  evolving
• Severity of the crime at issue
• Attempting to evade seizure by flight

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PERCEPTIONAL PYRAMID
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USE OF FORCE MODEL LEVEL ONE

• Compliant
• Verbal control
• Handcuffing
• Spatial positioning
• Body language
• Mental preparation
• Risk assessment

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USE OF FORCE MODELLEVEL II

• Resistant Passive
• Verbal manipulation techniques
• Arrest tactics
• Contact control (put arms behind back)
• Enforcement electives I

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USE OF FORCE MODELLEVEL THREE III

• Resistant Active
• Arrest tactics
• Neuro-muscular controls (pressure points)
• OC Spray (WARN FIRST)
• Enforcement electives I II

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USE OF FORCE MODELLEVEL IV

• Assault Bodily Harm
• Arrest tactics
• Blocking techniques (hands, feet)
• Escape techniques
• Enforcement electives I, II, III

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USE OF FORCE MODELLEVEL V

• Assault Serious Bodily Harm/Death
• Arrest tactics
• Enforcement electives I., II, III, IV

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Definitions

• USE OF FORCE The amount of force required by
  police to compel compliance by an unwilling
  subject (International Association of Chiefs of
  Police).
• NON-LETHAL FORCE A non-lethal force option
  which is highly unlikely to cause death or
  serious injury to a suspect when properly applied
  by a law enforcement officer.

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Definitions

• DEADLY FORCE The only thing that justifies a
  peace officer to shoot another human being is the
  overwhelming need to cause that person to cease
  what they are doing. The need must be so great
  that it does not matter if the person dies as a
  result of being stopped.

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JUSTIFICATION OF DEADLY FORCE

• Ability to cause death or great bodily harm
• Opportunity to cause death or great bodily harm
• Imminent Jeopardy of death or great bodily harm
• DO NOT NEED INTENT

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DEADLY PHYSICAL FORCE

• Serious Physical Injury- physical injury which
  creates a substantial risk of death, or which
  causes death or serious and protracted
  disfigurement, protracted impairment of health or
  protracted loss or impairment of the function of
  any bodily organ (10.00-10 P.L.)

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Defenses

• Reasonably Believes and Probable Cause
• Necessary
• There was no other choice
• The amount of force used does not exceed what
  would be required to achieve the goal.

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Defenses

• Justification (People v. Goetz, 1986)
• Subjective
• Objective
• CASE LAW No authority requires officers to use
  a minimum of force to apprehend a violent,
  dangerous suspect who is threatening their lives
  (ONeal v. Dekalb County, GA, 1988)

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DEFINITIONSUSE OF FORCE

• Premises- includes the term building as defined
  herein, and any real property (140.00-1 P.L.).
• Building- in addition to its ordinary meaning,
  includes any structure, vehicle or watercraft
  used for overnight lodging of persons, or used by
  persons for carrying on business therein, or used
  as an elementary or secondary school, or an
  enclosed motor truck, or an enclosed motor truck
  trailer. Where a building consists of two or
  more units separately secured or occupied, each
  unit shall be deemed both a separate building in
  itself and a part of the main building (140.00-2
  P.L.).

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DEFINITIONSUSE OF FORCE

• Dwelling- a building which is usually occupied by
  a person lodging therein at night (140.00-3
  P.L.).
• Night- the period between thirty minutes after
  sunset and thirty minutes before sunrise
  (140.00-4 P.L.)
• Attempt To Commit A Crime- a person is guilty of
  an attempt to commit a crime when, with intent to
  commit a crime, he engages in conduct which tends
  to effect the commission of such crime (110.00
  P.L.).

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USE OF FORCE

• Prevention or Termination
• Arrest and Escape

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USE OF PYSICAL FORCE

• Prevention or Termination- physical force, other
  than deadly physical force, may be used when and
  to the extent that a person reasonably believes
  such to be necessary to, defend people from the
  use of unlawful force, to protect a premise from
  crimes involving damage or theft. With the
  exception of self-defense or defense of a third
  person, all of the illegal activity is criminal,
  meaning that the conduct constitutes a crime
  (misdemeanor or felony) ( Hoffman, 1995).

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USE OF PYSICAL FORCE

• Prevention or Termination- Situations involving
  defense of self or others
• Intent to cause physical injury to another
  person, a person provokes someone into using
  physical force.
• No defense if one is the aggressor
• Legally allowed by law (professional boxing)

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USE OF PYSICAL FORCE

• Criminal Trespass on a premise
• Person using force must be in possession or
  control of the premises.
• Criminal Trespass

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USE OF PYSICAL FORCE

• Make an Arrest or to Stop an Escape
• Direction from a police or peace officer
• Acting within the scope of employment or as a
  Private Person

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USE OF DEADLY PHYSICAL FORCE

• Prevention or Termination

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USE OF DEADLY PHYSICAL FORCE

• Retreat A person must do all in his power to
  retreat (People v. Reyes) SCENARIO

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USE OF DEADLY PHYSICAL FORCE

• ARREST ESCAPE SITUATION

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USE OF DEADLY PHYSICAL FORCE

• Deadly force does not have to be deliberate, can
  be accidental (People v. Magliato, 1986).
• If you have serious reservations on the use of
  force, especially deadly force, then dont use
  it!
• Deadly physical force is a LAST resort, the
  option left in the officers mind! MUST also
  meet the objective reasonableness test set forth
  in Graham v. Connor.

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JUSTIFICATIONUSE OF FORCE

• Article 35 of the NYS Penal Law
• Refer to handout Article 35, sections 35.15
  35.20 35.25 35.30

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KEY CONCEPTS

• Retrograde movement-fall back to a different
  position.
• Officer always has the option to escalate or
  disengage.

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KEY CONCEPTS

• No need to use a lower level of force IF the
  subject is using a higher level of force or
  resistance

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KEY CONCEPTS

• Once control is achieved, MUST de-escalate to a
  level necessary to maintain control!

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KEY CONCEPTS

• The application of force may not always meet the
  classroom model in a dynamic situation

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KEY CONCEPTS

• Force is reasonably necessary if, when using a
  lesser alternative would not lead to achieving
  safe control

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KEY CONCEPTS

• If you observe another officer using excessive
  force you have a duty to intervene

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KEY CONCEPTS

• The department policy and procedure is as
  important when following use of force guidelines
  as the Penal Law
• A deliberate indifference could expose the
  college to liability

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LEVELS IN THE FORCE CONTINUUM

• To Persuade- through a show of authority by the
  officer in uniform and/or by communicating
  verbally/non-verbally.
• Seek Compliance- through unarmed tactics.

• 3. Impede Subjects Action- with the use of an
  impact weapon or other intermediate weapons or
  technique.
• 4. Stop Subjects Action- with the use of lethal
  force.

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OFFICER V. SUBJECT FACTORS

1. Age- An older officer may have to use more force
   on a younger more agile person who may be
   stronger. A younger, quicker and stronger
   officer would use less force on a person who is
   older.
2. Relative Strength- Difference between males and
   females, may have an effect on handling members
   of the opposite strength.
3. Size- A larger officer may be able to control a
   person smaller by using less force, whereas, a
   smaller person would intensify the amount of
   force to accomplish the same control.

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OFFICER V. SUBJECT FACTORS

• 4. Skill Level- An officer who is highly trained
  in unarmed tactics may only need to use little
  force to detain a person, however, an officer
  with less training may need to use more force.
• 5. Multiple Subjects- Even the most skilled
  officer in unarmed tactics is at a disadvantage
  when several people are attacking with the intent
  to harm the officer.

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ACCELERATION THROUGH THE FORCE CONTINUUM

• 1. Special Knowledge
• 2. Injury or Exhaustion
• 3. Proximity to the Officers Firearm (OC Spray)

• 4. Ground Fighting
• 5. Disability

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RECOGNIZING THE THREAT

• Early Behavior Signals (assault
  possible)
• Exaggerated movements- pacing, turning, pointing,
  fist threatening with arm bent and held sideways,
  hands on hips
• Head back- shoulders back
• Face is red- twitching, jerking
• Lips pushed forward bearing teeth
• Breathing is fast and shallow
• Sweating
• Looking through you, eyes glazed, empty stare
• Belligerent, challenging, yelling, cursing

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RECOGNIZING THE THREAT

• Early Behavior Signals (assault
  possible) cont.
• Subject ignores you- John/Sir, could I talk to
  you?
• Subject gives you excessive attention during
  normal conversation, such as direct
  uninterrupted eye contact.
• Suddenly goes from an uncooperative person to a
  cooperated person
• Acts drunk- gives false sense of security
• Re-directs activity because the aggressor
  stimulating the attack is too frightened to
  directly assault you. Aggression is released on
  less intimidating objects, such as bystanders or
  objects (kick a chair)

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RECOGNIZING THE THREAT

• Assault is Imminent (Signals)
• Face goes from red to white
• Lips tighten over the teeth
• Breathing is rapid and deep
• Change of stance- bladed position, shifts forward
  or back
• Hand set, shoulder shift/drop
• Hands closed
• Bobbing up and down on toes
• Rocking back and forth

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RECOGNIZING THE THREAT

• Assault is Imminent (Signals)
  cont.
• Target glance (looking at jaw, groin, etc.)
• Putting the head down- breaking eye contact
  (protecting neck, instinct)
• Eyebrows are brought forward in a frown
• Stops all movement
• Dropping their center or lowering the body- have
  to take slack out of skeletal mast to connective
  tissues in order to go forward

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RECOGNIZING THE THREAT

• Reduce The Threat Verbally
• John/Mary! Sir/Maam! Stand still!
• John/Mary! Sir/Maam! Look at me!
• John/Mary! Sir/Maam! Open your hands!
• John/Mary! Sir/Maam! Dont make me spray you!

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RECOGNIZING THE THREAT

• Signals Of Submission
• Pulling hands up in front of body, palms out
• Saying I give up. This must accompany other
  signals.
• Turning their back with the hands covering the
  head
• Reduction in violent movement, backing downward
• Bowing head, lowering eyes, looking downward
• Verbally- tone and volume goes down, rate slows
  down
• Total inactivity

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RECOGNIZING THE THREAT

• Signals Of Submission Cont.
• Falling to the ground, cornering, crouching,
  reducing body size
• Rubbing hands, wiping off the sweat
• Pacing- moves to another territory
• Grooming gestures
• Face may be pale which is a sign of fear
• Eyebrows lift and forehead wrinkles showing fear
  or anxiety
• Eyebrows lower showing fear of imminent attack

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OFFICER INTERVENTION STEPS

• 1. Arrive at scene
• 2. Evaluate
• 3. Call for assistance
• 4. Enter into Use Of Force
• 5. Stabilize using reasonable force

• 6. Initial medical assessment
• 7. Provide long term monitoring
• 8. Communicate to those taking over
• 9. Report

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FOLLOW THROUGH CONSIDERATIONS

• Stabilize
• Monitor
• Debrief
• Search
• Assess

• Escort
• Transport
• Turnover for release
• Document

87
BE NICE

• Use professional language
• Language can color the perception of the use of
  force
• Avoid unnecessary roughness
• Videotape from Road House

88
DOCUMENTATIONREPORT WRITING

• Reporting Subjects Action
• The officers arrival Uniform? Marked car?
• Identify the acknowledgement by subject of the
  officers authority.
• What did the officer observe?
• What directions were given and if they were
  followed?

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DOCUMENTATIONREPORT WRITING

• Reporting Officers Physical Control
• What type of control was used?
• Was it used in response to subjects action?
• Was control used in good faith?
• How long did the resistance last?
• What type of de-escalation techniques were used?

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DOCUMENTATIONREPORT WRITING

• Reporting Transportation
• Handcuffs double locked and checked for tightness
• Additional hostility while in custody
• Verbal threats
• Type of resistance used
• Destruction of property

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DOCUMENTATIONREPORT WRITING

• Reporting Medical Assessment Treatment
• Prior condition
• Initial assessment
• Reported injury
• Professional assessment (EMT, Paramedic)
• Turnover (70)
• Documentation

92
ESSENTIAL ELEMENTS OF REPORTING FORCE

• How did the subject respond to your verbal
  commands?
• What kind of body language and verbal language
  did the subject exhibit to indicate hostility?
• How did the subject respond to your physical
  control technique?

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ESSENTIAL ELEMENTS OF REPORTING FORCE

• What type of de-escalation technique was used
  once the subject submitted?
• If OC Spray was used, what was the follow-up
  treatment?
• Checking for tightness and double locking
  handcuffs indicates good control technique.
• Increased resistance during transportation/escort.

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REPORT WRITING EXERCISE

• scenario

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COPING WITH FEAR

• Refer to handout Coping with Vulnerability The
  Dynamics of Fear in Critical Incidents and
  Training, Implications (Roger M. Solomon, Ph.D.,
  Department Psychologist, Washington State Patrol).

96
SPACE PROXEMICS

• Refer to handout Space Chart

97
USE OF FORCE PROFICIENCIES

• REFER TO HANDOUT Use of Force Proficiencies

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USE OF FORCE

• THE END