Use of Force
Handcuffing / Restraints
Control Devices / Techniques
RCW
Case Law
100
The application of physical techniques or tactics, chemical agents or weapons to another person.
What is Force
100
Persons who are in which trimester of a pregnacy (or in Labor) who should not be handcuffed or restrained.
What is Third Trimester
100
These are used when a decision has been made to control, restrain or arrest a subject who is violent or who demonstrates the intent to be violent and the use of the devices appears reasonable under the circumstances.
What is Control Devices
100
Means that no reasonably effective alternative to the use of force appeared to exist and that the amount of force used was reasonable to effect the lawful purpose intended.
What is Necessary - RCW 9A.16.010
100
The reasonableness or an officer’s use of force is judged from the perspective of a reasonable officer on the scene, rather than with the 20/20 vision of hindsight.
What is Graham v Connor
200
Force reasonably anticipated and intended to create a substantial likelihood of causing death or very serious injury.
What is Deadly Force
200
A juvenile under what age who should not be restrained unless they are suspected of a dangerous felony or when the deputy has a reasonable suspicion that the juvenile may resist, attempt escape, injure themself, or injure the deputy or property.
What is 14 years of Age
200
Thoses area of the body which when struck with an impact weapon are least likely to cause serious bodily injury or death.
What is primary baton targets
200
The intentional application of force through the use of firearms or any other means reasonably likely to cause death or serious physical injury.
What is RCW 9A.16.010 - Deadly Force
200
A “seizure” occurs when there is a “ ... governmental termination of freedom of movement through means intentionally applied.”
What is Brower v County of Inyo
300
Any deputy present and observing another deputy using force that is clearly beyond that which is objectively reasonable under the circumstances shall, when in a position to do so, intercede to prevent the use of unreasonable force. A deputy who observes another employee use force that exceeds the degree of force permitted by law should promptly report these observations to a supervisor.
What is Duty to Intercede
300
Used as a temporary restraint in order to prevent an attack, escape or destruction of property.
What is Handcuffs
300
Who may authorize the use of a control device by selected personnel or members of specialized units who have sucessfully completed the required training?
Who is the Shift Supervisor
300
A police officer having probable cause to believe that a person has committed or is committing a felony shall have the authority to arrest the person without a warrant. A police officer may arrest a person without a warrant for committing a misdemeanor or gross misdemeanor only when the offense is committed in the presence of an officer, except as provided in subsections (1) through (11) of this section.
What is RCW 10.31.100 - Arrest without Warrant
300
An Officer's Use of Force Against a Fleeing Person
What is Tennessee v. Garner
400
Persons who exhibit extreme agitation, violent irrational behavior accompanied by profuse sweating, extraordinary strength beyond their physical characteristics and imperviousness to pain
What is Excited Delirium
400
A temporary protective device designed to prevent the weared from biting and/or transferring or transmitting fluids (saliva and mucous) to others.
What is spit hoods / masks / socks
400
A chemical agent used to bring under control an individual who are engaging in or about to engage in violent behavior.
What is Oleoresin Capsicum (OC) Spray
400
If after notice of the intention to arrest the defendant, he or she either flee or forcibly resist, the officer may use all necessary means to effect the arrest.
What is RCW 10.31.050 - Officer may use force
400
Deadly/Lethal force is that degree of force which, has substantial risk of causing, death; reasonably likely to kill or result in great / serious bodily harm.
What is Smith V Hemet
500
Following the use of force by any member of our department, members must complete this form articulating the factors perceived and why they beleive the use of force was reasonable under the circumstances and is used to collect data for the purposes of training, resource allocation, analysis, and related purposes
What is use of force reporting form.
500
Used to restrain the legs of a violent or potentially violent person when it is reasonable to do so during the course of detention, arrest, or transportation.
What is Leg Restraints
500
A safety measure in which a second deputy watches the unloading and loading process to ensure that the less lethal shotgun is completely absent of conventional ammunition.
What is the two person rule
500
The use, attempt, or offer to use force upon or toward the person of another is not unlawful in the following cases: (1) Whenever necessarily used by a public officer in the performance of a legal duty, or a person assisting the officer and acting under the officer's direction; (2) Whenever necessarily used by a person arresting one who has committed a felony and delivering him or her to a public officer competent to receive him or her into custody; (3) Whenever used by a party about to be injured, or by another lawfully aiding him or her, in preventing or attempting to prevent an offense against his or her person, or a malicious trespass, or other malicious interference with real or personal property lawfully in his or her possession, in case the force is not more than is necessary; (4) Whenever reasonably used by a person to detain someone who enters or remains unlawfully in a building or on real property lawfully in the possession of such person, so long as such detention is reasonable in duration and manner to investigate the reason for the detained person's presence on the premises, and so long as the premises in question did not reasonably appear to be intended to be open to members of the public; (5) Whenever used by a carrier of passengers or the carrier's authorized agent or servant, or other person assisting them at their request in expelling from a carriage, railway car, vessel, or other vehicle, a passenger who refuses to obey a lawful and reasonable regulation prescribed for the conduct of passengers, if such vehicle has first been stopped and the force used is not more than is necessary to expel the offender with reasonable regard to the offender's personal safety; (6) Whenever used by any person to prevent a mentally ill, mentally incompetent, or mentally disabled person from committing an act dangerous to any person, or in enforcing necessary restraint for the protection or restoration to health of the person, during such period only as is necessary to obtain legal authority for the restraint or custody of the person
What is RCW 9A.16.020 - Use of force — When lawful.
500
Holds that the X26 and similar devices constitute an intermediate, significant level of force that must be justified by ‘a strong government interest [that] compels the employment of such force.’
What is Bryan v McPherson
M
e
n
u