5.1 Use of Force Overview
What are prohibited restraint techniques?
Neck restraints and Asphyxiating restraints.
What are five of the most common non-custodial arrest offenses an officer will encounter?
Aggressive Panhandling
Crowding, Obstructing, or Incommoding
Unlawful Demonstrating
Disorderly Conduct, Disrupting Gathering or Congregation
Disorderly Conduct, Disrupting Use of Public Conveyance
Drinking Alcoholic Beverage in Public Space
Disorderly Conduct, Noise at Night
Drinking Alcoholic Beverage in Public Space
Possession of an Open Container of Alcohol
Disorderly Conduct, Urinating or Defecating in Public
Consumption of Marijuana in Public Space
Use most communication Verbal Communication or Non-Verbal Communication?
Non-Verbal Communication
Define the following types of Constitutional Rights Violations: Compelled Confession, Warrantless Search, Unlawful Arrest, and Excessive Use of Force.
• Compelled Confession – the use of force to extract a confession.
• Warrantless Search – when the officer knows or should have known that a warrant is required.
• Unlawful Arrest – when there is no probable cause to justify taking a subject into custody.
• Excessive Use of Force – when an officer knows or should have known that there is no necessity for the level of force used.
According to the Use of Force Framework officers must continually what? (Hint: there are five)
~Gather information and assess the threat
~Consider authority, policy and tactics
~Identify options and contingencies
~Develop a strategy
~Take action and review
What events are designated Use of Force Investigation Incidents, and requires members to complete a Force Incident Report (FIR) immediately following the event?
•Deadly force
•Serious use of force
•Strike
•ASP strike
•Shield deployment resulting in injury or complaint of pain or injury
•Mountain bike strike
•ECD deployment (excluding negligent discharges determined to be misconduct by IAD)
•40mm extended impact weapon deployment (excluding negligent discharges determined to be misconduct by IAD)
•Firearm discharges (excluding negligent discharges determined to be misconduct by IAD)
•Use of force indicating potential criminal conduct by the member
•Use of force resulting in visible injury
•Use of force resulting in complaint of injury or pain
Your 61-D book has four colored copies. What are the four colors and explain each.
• White and Pink - You give these copies to your check-off official prior to the end of your shift.
• Yellow - You give this copy to the person in violation or who committed the offense.
• Goldenrod - This is the copy you keep as it contains all of your notes about the offense.
What are the elements of Non-Verbal Communication?
~Facial Expressions
~Gestures
~Paralinguistics
~Body Language and Posture
~Proxemics
~Eye Gaze
~Appearance
Explain what Collateral, Bond, and Fine are.
Collateral for an eligible misdemeanor offense is an amount of money that has been preset by a judge for the offense in question. Collateral is the monetary amount to be paid by an individual for committing an offense. If the person chooses to pay, again, this is not an admission of guilt though the person will have an arrest record for the offense.
Bond - When an individual is given bond, it is a form of security to ensure that he or she appears in court for a trial or hearing which a judge deems necessary. Unlike collateral, an individual forfeits his or her bond as punishment upon failure to appear in court. Only a judge can set bond. Neither you nor any other member of the department may issue bond to ensure an individual appears in court.
Fine - Unlike bond and collateral which occur prior to or without a conviction, a fine is a monetary penalty imposed upon an individual by a judge after he or she has been convicted of an offense.
The application of force encompasses three main elements of action and assessment, what are they?
What are four less lethal weapons?
1. Oleoresin Capsicum (OC Spray)
2. ASP Friction-Lock Baton
3. 40mm Extended Impact Weapon
4. Electronic Control Device (ECD)
Every arrest narrative or Prosecution Report has a corresponding Incident Report. When writing your arrest narrative, you must include what?
• the date of the offense
• the approximate time the offense occurred
• the address of the offense
• the PSA in which the offense occurred
• the fact that the offense occurred in Washington, DC
• your call sign for the tour
• whether you were operating a scout car, mountain bike, Segway, etc., or whether you were on foot
• what kind of police identifiers you had on (full uniform, plain clothes with badge and raid-style jacket, etc.)
• all radio channels utilized
• the way in which you came to know of the offense (e.g., radio run, notification by a member of the public, noticed during the course of patrol duties, etc.)
• the sequence of facts leading to the arrest
o Detail the offense, including all the elements of the offense.
o Show through the facts how you had probable cause to make the arrest.
• the offense(s) for which the defendant was placed under arrest
• how the defendant was identified (e.g., verbally, state Driver’s License, passport, etc.)
o Include the defendant’s social security number and date of birth.
The first consideration of any interaction must be what?
Safety
What is the Fifteen Day Suspension File?
The Fifteen Day Suspension File is the file personnel within the station reference when an individual presents to pay the collateral or request an arraignment date.
What is a Stakeholder?
A person who has an interest or concern in something which, in this case, is the community.
Fill in the blanks: Members should not discharge their firearms into a _______, as a _________ ___ ______, and as a _________ shot.
Members should not discharge their firearms into a CROWD, as a SIGNAL FOR HELP, and as a WARNING shot.
Explain when the requirements for issuing a PD 61-D.
~The person to whom you issue the 61-D must be an adult.
The 61-D citations may only be issued for eligible charges as outlined in the 61D SOP.
~You must have reason to believe he or she poses no danger to another person, his- or herself, or property and that he or she will take the steps necessary to appear to answer the Field Arrest Citation by either paying the collateral for the offense or requesting an arraignment date.
Wat are the five factors to being able to communicate effectively?
~Tone
~Volume
~Creditability
~Style of Communication
~Timing
What is the third Amendment word for word?
No Soldier shall, in-time of peace be quartered in any house, without the consent of the Owner, nor in time of war, but in manner to be prescribed by law.
Give an example of good communication and bad communication.
Good Communication: "I understand", "I realize how upsetting this is", "I'm glad you called today so we can take care of this."
Bad Communication: "You have no reason to feel this way" "This is all your fault", "Your not helping"
As a member of MPD, you are authorized to use force, as necessary, in the accomplishment of your duties. Limitations on officers' authority to use force comes from three sources. What are the three sources called and what do each state?
1. DC Code: “Any officer who uses unnecessary or wanton severity in arresting or imprisoning any person shall be deemed guilty of assault and battery, and, upon conviction, punished therefore.”
2. DC Municipal Regulations: “It is the policy of the Metropolitan Police Department that each member of the department shall in all cases use only the minimum amount of force which is consistent with the accomplishment of their mission and shall exhaust every other reasonable means of apprehension or defense before resorting to the use of firearms.”
3. MPD Policy: “Members of the Metropolitan Police Department (MPD) shall value and preserve the sanctity of human life at all times, especially when lawfully exercising the use of force. In situations where the use of force is justified, the utmost restraint should be exercised. Members shall minimize the force that is used while protecting the lives of members and other persons, and continuously reassess the perceived threat in order to select the reasonable use of force response that is proportional to the threat faced by him, her, or others.”
EO-18-015 mandates what?
That a non-custodial arrest is to be made in all applicable public consumption of marijuana cases.
Explain what a CIO is.
A Crisis Intervention Officer who is specially trained to deal with a person in crisis
What is the second amendment word for word?
A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed
What is a probable cause?
A set of facts, circumstances, and/or reliable information that would lead a reasonable and prudent police officer to believe that a crime is being committed, has been committed, or is about to be committed by a certain person.