Definitions
The intentional application by a law enforcement officer of any weapon, instrument, device, or physical power to control, restrain, or overcome resistance, or gain compliance or custody of another.
What is Use of Force?
This will be used to evaluate all Uses of force, both deadly and non-deadly.
What is Objective Reasonableness?
The purpose of this policy is to provide National Park Service (NPS)law enforcement officers and their supervisors with guidelines for reporting and reviewing and/or investigating use of force incidents.
What is Chapter 10-B?
The term, "this" means that by looking back at a situation we can generally see clearly.
What is 20/20 Hindsight?
The suspect was non-compliant.
What is I ordered the suspect to sit down, instead he said "no" and crossed his arms across his chest?
The reasonableness of each use of force will be judged from the perspective of this on the scene, based on the facts and circumstances known to and confronting the officer at the time.
What is an objectively reasonable officer?
The court will remember that officers must make these types of decisions in these kinds of situations.
Split second; tense, uncertain, & rapidly evolving
1. Any firearm, Electronic Control Device (ECD), Oleoresin Capsicum (OC) spray, or specialty impact munition, intentionally pointed at a subject, or an impact weapon held in a high ready position.
2. An impact weapon used on a subject for a non-striking purpose (e.g., prying limbs, moving, or controlling a subject).
3. Any control tactic technique excluding strikes, kicks, and takedowns. Examples include:
a. Escort holds and joint-lock techniques on resisting subjects.
b. Pressure points.
4. An ECD demonstration (spark/arc display).
5. A canine bark and lunge.
What is Category 3 Use of Force?
Graham allows officers to react to this, rather than violence itself.
What is Threat of Violence?
The suspect demonstrated pre assault indicators
What is the suspect clenched his fists and bowed his chest while walking toward me?
Circumstances that would cause a reasonable officer to believe that a particular action is necessary to prevent physical harm to a person, the destruction of relevant evidence, the escape of a person, or some other consequence hampering legitimate law enforcement efforts.
What is Exigent Circumstances?
While the lower courts have listed other factors, most are a subset of this.
What is Immediacy of the threat?
Officers who use force must complete an electronic Use of Force Form and general report narrative in the LE RMS within this, or as directed by their supervisor
What is 48 hours?
Taking a suspect into custody creates a this.
What is a duty to care for him?
I gave the driver clear commands to stay in the vehicle.
What is "I instructed the driver to remain in the vehicle, with his hands on the steering wheel, and asked if he understood"?
Taking action or communicating verbally or non-verbally during a potential force encounter in an attempt to stabilize the situation and reduce the immediacy of the threat so that more time, space, containment and resources to be utilized in resolving the situation without the use of force or with a reduction in the force necessary
What is De-escalation?
There will be no regard for these mental states when evaluating an officer's use of force.
What is intent and motivation?
This policy provides guidelines on the reasonable use of force.
What is Chapter 10A?
Until this 1971 Supreme Court decision, a person whose civil rights were violated by a federal officer or agent was unable to sue a federal officer or agent in federal court.
What is Bivens v. Six Unknown named Agents of the Federal Bureau of Narcotics?
The suspect made a furtive movement
What is the passenger quickly reached underneath his seat as if to retrieve or conceal an item underneath the seat, a frisk of the area located a loaded .38 revolver?
What is Seizure?
These are included in the Facts and Circumstances confronting officers in each particular case.
What is...
1. Severity of the crime
2. Immediate threat to the officer or others
3. Is the suspect resisting arrest or attempting to evade arrest by flight
Any officer who is present and observes another officer (federal, tribal, state, or local) using objectively unreasonable and/or excessive force based on the totality of the circumstances, shall:
What is
a. intervene and stop, or attempt to stop, the use of force except when doing so would place the intervening officer in articulable, reasonable fear of death or serious bodily injury.; and
b. without unreasonable delay, report the incident to their supervisor, SLEO, and/or Regional Chief Ranger (RCR).?
Scott V. Harris left open under what circumstances shooting at a fleeing motorist might be reasonable. that question was answered in "this" 572 U.S. 765 (2014).
What is Plumhoff v. Rickard?
He indicated he was going for a weapon.
What is the suspect reached undeath his jacket to his right hip, with his right hand, his elbow was bent around 90 degrees consistent with and individual drawing a firearm from concealment?