Part 3: Understanding and Managing Police Authority Chapter 8: Police Authority

© 2010, 2007, 2004, 2000, 1995 Pearson Higher Education,Upper Saddle River, NJ 07458. • All Rights Reserved.The Police: An Introduction, Fourth Edition

By Michael D. Lyman© 2010, 2005, 2002, 1999 Pearson Higher Education, Inc.

Pearson Prentice Hall - Upper Saddle River, NJ 07458

Chapter 8:Chapter 8:Police AuthorityPolice Authority

Part 3: Understanding and Managing Police AuthorityPart 3: Understanding and Managing Police AuthorityChapter 8: Police AuthorityChapter 8: Police Authority





This Chapter will enable you to…This Chapter will enable you to…

• Learn the processes leading toLearn the processes leading tothe arrest decision.the arrest decision.

• Understand the role of probableUnderstand the role of probablecause in arrest, search & seizure.cause in arrest, search & seizure.

• Distinguish between the variousDistinguish between the varioustypes of police discretion.types of police discretion.

• Learn how the use of force can beLearn how the use of force can belawfully applied by police.lawfully applied by police.





This Chapter will enable you to…This Chapter will enable you to…

• Explain how police authorityExplain how police authorityis delegated.is delegated.

• Appreciate the role of searchAppreciate the role of search& seizure in police work.& seizure in police work.

• Distinguish between legalDistinguish between legalsearches with & without warrants. searches with & without warrants.




Chapter 8:Chapter 8:Police AuthorityPolice AuthorityDELEGATION OF AUTHORITYDELEGATION OF AUTHORITY

• Delegation of authority is a critical component in the Delegation of authority is a critical component in the chain of command, especially in larger departments. chain of command, especially in larger departments. – Every member of a police department is directly Every member of a police department is directly

accountable to his or her superior. accountable to his or her superior.

• Police departments & large cities divide jurisdictions Police departments & large cities divide jurisdictions into precincts. into precincts. – The precinct commander is responsible for the The precinct commander is responsible for the

performance of the officers in the precinct.performance of the officers in the precinct.

• Guidelines set out a specific procedures that mustGuidelines set out a specific procedures that mustbe followed under certain circumstances. be followed under certain circumstances.




Chapter 8:Chapter 8:Police AuthorityPolice AuthorityPOLICE DISCRETIONPOLICE DISCRETION

• Discussion of police discretion, leads to some Discussion of police discretion, leads to some thought provoking questions: thought provoking questions: – When a police officer observes a violation, is he/she When a police officer observes a violation, is he/she

required to make an arrest? required to make an arrest? – If not, who If not, who doesdoes get arrested? get arrested?– Who is allowed to go free? Who is allowed to go free?

• Important aspects of police authority are the powers Important aspects of police authority are the powers to make arrests, conduct searches and interrogations to make arrests, conduct searches and interrogations of suspects & use deadly force if necessary. of suspects & use deadly force if necessary. – If, If, andand how, an officer intervenes in any given how, an officer intervenes in any given

situation is a product of discretion.situation is a product of discretion.





• Application of discretion is influenced by many Application of discretion is influenced by many different factors:different factors:– The law, department policy, individual characteristics of The law, department policy, individual characteristics of

the suspect, and characteristics of the alleged offense. the suspect, and characteristics of the alleged offense. – Influence of other members of the police department, Influence of other members of the police department,

such as supervisors and chief executives, who mandate such as supervisors and chief executives, who mandate officers to act on offenses they have observed.officers to act on offenses they have observed.

• Discretion entails three fundamental officer decisions:Discretion entails three fundamental officer decisions:– 1. Whether to get involved in the incident1. Whether to get involved in the incident– 2. The 2. The manner manner in which to become involved.in which to become involved.– 3. Selecting options to solve the problem3. Selecting options to solve the problem





• Discretionary decisions made daily by police officers Discretionary decisions made daily by police officers are usually free of examination by superiors. are usually free of examination by superiors. – Such freedom may at times deteriorate into blatant Such freedom may at times deteriorate into blatant

discrimination based on personal bias. discrimination based on personal bias.

• Questions can be posed: Questions can be posed: • To what extent are an officer's powers of discretion To what extent are an officer's powers of discretion

affected by external variables? affected by external variables? • What variables tend to influence the officer's What variables tend to influence the officer's

discretionary powers? discretionary powers?




Chapter 8:Chapter 8:Police AuthorityPolice AuthorityDEFINING DISCRETIONDEFINING DISCRETION

• Police discretion with regard to the application of Police discretion with regard to the application of criminal law has been categorized into criminal law has been categorized into Invocation Invocation discretiondiscretion and and non-invocationnon-invocation discretion classes discretion classes – Invocation discretion refers to situations where officers Invocation discretion refers to situations where officers

invokeinvoke the law, and issue a citation or makes an arrest. the law, and issue a citation or makes an arrest. – Non-invocation discretion covers circumstances where Non-invocation discretion covers circumstances where

the officer the officer could could employ the law, but elects employ the law, but elects notnot to do so. to do so.

• Non-invocation decisions are problematic becauseNon-invocation decisions are problematic becauseof their of their low visibilitylow visibility……– If the officer chooses not to cite or arrest, this decision If the officer chooses not to cite or arrest, this decision

will never be scrutinized by a higher authority. will never be scrutinized by a higher authority.




Chapter 8:Chapter 8:Police AuthorityPolice AuthorityDEFINING DISCRETIONDEFINING DISCRETION

• If the officer arrests or cites a suspected violator…If the officer arrests or cites a suspected violator…– This choice will be reviewed by a police supervisor, This choice will be reviewed by a police supervisor,

the prosecutor, and probably a court. the prosecutor, and probably a court.

• In choosing which laws to enforce, when, against In choosing which laws to enforce, when, against whom, police effectively act as policy makers. whom, police effectively act as policy makers. – Police, not the legislature decide which behaviors should Police, not the legislature decide which behaviors should

be controlled by criminal law, & which can be tolerated. be controlled by criminal law, & which can be tolerated.




Chapter 8:Chapter 8:Police AuthorityPolice AuthorityOFFICER PERCEPTIONOFFICER PERCEPTION

• Discretion decisions are affected strongly by the Discretion decisions are affected strongly by the personal perceptions of the officer. personal perceptions of the officer.

• Police responses to crime can be categorized as Police responses to crime can be categorized as universalisticuniversalistic or or particularisticparticularistic. . – In a universalistic response, the officer basesIn a universalistic response, the officer bases

decisions on characteristics of the situation itself. decisions on characteristics of the situation itself. – Particularistic responses are based on characteristicsParticularistic responses are based on characteristics

of the participants. of the participants.

• The ambiguous nature of order-maintenance The ambiguous nature of order-maintenance situations, coupled with the goal of maintaining order, situations, coupled with the goal of maintaining order, gives rise to exercise of discretion by police officersgives rise to exercise of discretion by police officers




Chapter 8:Chapter 8:Police AuthorityPolice AuthorityDEPARTMENTAL INFLUENCESDEPARTMENTAL INFLUENCES

• In addition to the necessity to comply strictly with In addition to the necessity to comply strictly with laws affecting his/her jurisdiction, influences, suchlaws affecting his/her jurisdiction, influences, suchas application of local customs, traditions, and police as application of local customs, traditions, and police procedures play a role in decision-making processes. procedures play a role in decision-making processes. – Variables differ from one department to the next & rely Variables differ from one department to the next & rely

on the chief officer & others in command positions.on the chief officer & others in command positions.

• Officer peer pressure may also play a role in the Officer peer pressure may also play a role in the application of discretion, and illustrates yet another application of discretion, and illustrates yet another dynamic of departmental influence. dynamic of departmental influence. – Police officers tend to have a strong urge to be accepted Police officers tend to have a strong urge to be accepted

by their coworkers. by their coworkers.




Chapter 8:Chapter 8:Police AuthorityPolice AuthorityENVIRONMENTAL FACTORSENVIRONMENTAL FACTORS

• An officer's living and working environment may play An officer's living and working environment may play an important role in influencing discretion. an important role in influencing discretion. – If officers live in the community they serve, their thinking If officers live in the community they serve, their thinking

processes may greatly affect application of discretion by processes may greatly affect application of discretion by mutual sharing of community concerns & values. mutual sharing of community concerns & values.

– Parks, schools & neighborhoods can take on a special Parks, schools & neighborhoods can take on a special significance & personal importance to a resident officer. significance & personal importance to a resident officer.

• However, an officer’s ability to remain objective may However, an officer’s ability to remain objective may be hampered and overall effectiveness & reputation be hampered and overall effectiveness & reputation of the police in that area may actually be impeded.of the police in that area may actually be impeded.– An officer's perception of community alternatives can An officer's perception of community alternatives can

also affect his or her discretionary powers. also affect his or her discretionary powers.




Chapter 8:Chapter 8:Police AuthorityPolice AuthorityEXTRALEGAL FACTORSEXTRALEGAL FACTORS

• A issue with regard to police discretion is whether A issue with regard to police discretion is whether people receive either preferential treatment or people receive either preferential treatment or become targets of police intervention.become targets of police intervention.– Due to race, sex, or other extralegal factors. Due to race, sex, or other extralegal factors.

• Research has suggested a need to consider both Research has suggested a need to consider both perpetrators and victims of crimes when examining perpetrators and victims of crimes when examining how police discretion is applied. how police discretion is applied.

• Not all police agencies or officers abuse their powers Not all police agencies or officers abuse their powers of discretion. of discretion. – Abuse of power is usually seen on a fragmented basis Abuse of power is usually seen on a fragmented basis

and varies considerably.and varies considerably.




Chapter 8:Chapter 8:Police AuthorityPolice AuthorityUSE OF FORCEUSE OF FORCE

• Police are granted the specific legal authority to use Police are granted the specific legal authority to use force under certain, limited conditions. force under certain, limited conditions. – The limitations may be enforced through criminal The limitations may be enforced through criminal

prosecution, civil lawsuits, and disciplinary actions.prosecution, civil lawsuits, and disciplinary actions.– Penalties for abuse of authority can be severe, so Penalties for abuse of authority can be severe, so

officers must be clear on what they can & cannot do. officers must be clear on what they can & cannot do.

• Balancing issues of a violent society with safety of Balancing issues of a violent society with safety of police personnel creates many obstacles and police personnel creates many obstacles and concerns in developing policies and procedures. concerns in developing policies and procedures. – Serious cases of abuse of police authority often Serious cases of abuse of police authority often

stimulate intense public debate. stimulate intense public debate.





• Serious cases of abuse of police authority stimulate Serious cases of abuse of police authority stimulate intense public debate, and raise important questions:intense public debate, and raise important questions:– Are such events isolated occurrences, in particularAre such events isolated occurrences, in particular

police departments, or extreme examples of a more police departments, or extreme examples of a more general problem?general problem?

– Do the incidents reveal important disparities in theDo the incidents reveal important disparities in theway the law enforcement officers treat members of way the law enforcement officers treat members of certain racial, socioeconomic, or cultural groups?certain racial, socioeconomic, or cultural groups?

– What measures can be taken to constrain policeWhat measures can be taken to constrain policeabuse, and which are likely to be most effective?abuse, and which are likely to be most effective?





• The federal standard for police use of force was The federal standard for police use of force was established by the Supreme Court in established by the Supreme Court in Graham v. Graham v. ConnorConnor (1989). (1989). – The Court recognized that the police officer's duty to The Court recognized that the police officer's duty to

make arrests and conduct searches and investigatory make arrests and conduct searches and investigatory stops carries with authority to reasonably use, or stops carries with authority to reasonably use, or threaten the use of force. threaten the use of force.

• The The GrahamGraham decision allows officers to use force decision allows officers to use force only for two reasons.only for two reasons.– Defense & control; not for punishment. Defense & control; not for punishment.





• Three key factors can be used to evaluate the extent Three key factors can be used to evaluate the extent of the officer's use of force:of the officer's use of force:– 1. The severity of the crime committed1. The severity of the crime committed– 2. Whether the suspect posed an immediate threat2. Whether the suspect posed an immediate threat

to the safety of the officers or othersto the safety of the officers or others– 3. Whether the suspect actively resisted arrest or 3. Whether the suspect actively resisted arrest or

attempted to evade arrestattempted to evade arrest





• When police are compelled to use force, the Courts When police are compelled to use force, the Courts use the following standards to determine whether use the following standards to determine whether such force was reasonable: such force was reasonable: – First, the officer's conduct will be compared to that of a First, the officer's conduct will be compared to that of a

"reasonable officer" confronted by similar circumstances. "reasonable officer" confronted by similar circumstances. – Second, when the judge and jury evaluate the officer's Second, when the judge and jury evaluate the officer's

actions, they must do so from the "standing in your actions, they must do so from the "standing in your shoes" standard. shoes" standard.





• One of the confusing aspects about the use of force One of the confusing aspects about the use of force is that there are no clear-cut answers regarding how is that there are no clear-cut answers regarding how it is applied. it is applied.

• Use of force by police officers stems from the Use of force by police officers stems from the premise that in a modern democratic society, premise that in a modern democratic society, citizens are discouraged by law from employingcitizens are discouraged by law from employingforce to solve personal disputes. force to solve personal disputes. – They are expected to rely on the justice systemThey are expected to rely on the justice system

to arbitrate and resolve conflicts. to arbitrate and resolve conflicts.




Chapter 8:Chapter 8:Police AuthorityPolice AuthorityDEFINING USE OF FORCEDEFINING USE OF FORCE

• Suggested definitions and descriptions of force…Suggested definitions and descriptions of force…– "…the distribution of non-negotiable coercive remedies.""…the distribution of non-negotiable coercive remedies."

– "The duty of police intervention in social disorder means "The duty of police intervention in social disorder means making use of the capacity & authority to overpower making use of the capacity & authority to overpower resistance to an attempted solution…"resistance to an attempted solution…"

– "Every conceivable police intervention projects the "Every conceivable police intervention projects the message that force may ...have to be used to achievemessage that force may ...have to be used to achievea desired objective"a desired objective"

• The authority to use force carries with it awesome The authority to use force carries with it awesome responsibilities, and fear of criticism can cause responsibilities, and fear of criticism can cause officers to second-guess themselves and hesitate.officers to second-guess themselves and hesitate.– Which could be dangerous. Which could be dangerous.




Chapter 8:Chapter 8:Police AuthorityPolice AuthorityDEFINING USE OF FORCEDEFINING USE OF FORCE

• People have different ideas about what constitutes People have different ideas about what constitutes force and police brutality. force and police brutality. – Officers, in particular, have specific ideas of what Officers, in particular, have specific ideas of what

justifies the use of force. justifies the use of force.

• As a rule, force is defined through the concepts of As a rule, force is defined through the concepts of assaultassault and and batterybattery. . – BatteryBattery is usually defined as intentional, non-consensual is usually defined as intentional, non-consensual

bodily contact that a reasonable person would consider bodily contact that a reasonable person would consider harmful. harmful.

– AssaultAssault is is intentintent to put someone in fear of immediate to put someone in fear of immediate battery or to threaten someone while having the battery or to threaten someone while having the apparent ability to carry out that threat. apparent ability to carry out that threat.




Chapter 8:Chapter 8:Police AuthorityPolice AuthorityUNDERSTANDINGUNDERSTANDING

REASONABLENESSREASONABLENESS

• Under Under GrahamGraham, active resistance to arrest includes , active resistance to arrest includes any physical actions by the suspect that make the any physical actions by the suspect that make the arrest physically more difficult to accomplish. arrest physically more difficult to accomplish. – Pushes & shoves; Holding on to the steering wheelPushes & shoves; Holding on to the steering wheel

while being removed from a car.while being removed from a car.

• An interesting finding of the An interesting finding of the GrahamGraham decision was decision wasan explanation of the standards under which officers' an explanation of the standards under which officers' conduct should be judged by the jury & trial judge. conduct should be judged by the jury & trial judge. – Compared to actions of a "reasonable officer. Compared to actions of a "reasonable officer. – From within the "shoes" of the officer under review.From within the "shoes" of the officer under review.




Chapter 8:Chapter 8:Police AuthorityPolice AuthorityTHE MISUSETHE MISUSE

OF FORCEOF FORCE

• Few observers would be naive enough to believe that Few observers would be naive enough to believe that police are always justified in the use of force. police are always justified in the use of force. – How, then, is "misuse" of force to be defined?How, then, is "misuse" of force to be defined?

• The Christopher Commission, established after the The Christopher Commission, established after the beating of motorist Rodney King advised that…beating of motorist Rodney King advised that…– “…“…an officer may resort to force only where he oran officer may resort to force only where he or

she faces a credible threat and then may only useshe faces a credible threat and then may only usethe minimum amount necessary to control the subject." the minimum amount necessary to control the subject."

• Terms such as Terms such as crediblecredible and and necessary necessary are quite are quite subjective, rendering these definitions too vaguesubjective, rendering these definitions too vagueto be practical.to be practical.




Chapter 8:Chapter 8:Police AuthorityPolice AuthorityTYPES OF FORCETYPES OF FORCE

• A police officer must understand there are two kinds A police officer must understand there are two kinds of force: of force: Non-deadlyNon-deadly force and force and deadlydeadly force. force. – Most force used by law enforcement is non-deadly force. Most force used by law enforcement is non-deadly force.

• In most states, the use of non-deadly force is In most states, the use of non-deadly force is regulated by the concept of regulated by the concept of reasonablereasonable force. force.

• Deadly force is force that an objective police officer Deadly force is force that an objective police officer realizes realizes willwill place the subject in direct threat of place the subject in direct threat of serious injury or death.serious injury or death.




Chapter 8:Chapter 8:Police AuthorityPolice AuthorityLESS-LETHAL WEAPONSLESS-LETHAL WEAPONS

• In recent years police administrators and public In recent years police administrators and public policy planners have been searching for ways to policy planners have been searching for ways to reduce the incidence of police use of deadly force. reduce the incidence of police use of deadly force. – The goal is effective, non-deadly alternatives to The goal is effective, non-deadly alternatives to

conventional firearms. conventional firearms.

• The term less-lethal is can be misleading, as almost The term less-lethal is can be misleading, as almost any use of force any use of force can can result in fatal consequences. result in fatal consequences. – More appropriate may be to note that less-lethal forceMore appropriate may be to note that less-lethal force

is not is not intended or likelyintended or likely to lead to death or serious injury. to lead to death or serious injury.

• As a rule, none of these are useful when officers are As a rule, none of these are useful when officers are confronted with deadly force situations on the street.confronted with deadly force situations on the street.




Chapter 8:Chapter 8:Police AuthorityPolice AuthorityLESS-LETHAL WEAPONSLESS-LETHAL WEAPONS

• The most common examples are:The most common examples are:– Water cannons or 37 mm pistols that fire wood, rubber, Water cannons or 37 mm pistols that fire wood, rubber,

bean bags, or polyurethane bullets.bean bags, or polyurethane bullets.– Tear gas, concussion grenades, pepper spray, stun guns. Tear gas, concussion grenades, pepper spray, stun guns.

• Researchers have found no significant impact on the Researchers have found no significant impact on the number of deaths & race was not a factor with the number of deaths & race was not a factor with the implementation of less-than-lethal force alternatives.implementation of less-than-lethal force alternatives.

• To be effective, the technology must be issued, and To be effective, the technology must be issued, and available when officers encounter deadly situations.available when officers encounter deadly situations.– It must work better (safer for officers & citizens when It must work better (safer for officers & citizens when

deployed).deployed).




Chapter 8:Chapter 8:Police AuthorityPolice AuthorityELECTRONIC CONTROL ELECTRONIC CONTROL

DEVICES - ECDsDEVICES - ECDs

• A popular "less-lethal" weapon is the electronic A popular "less-lethal" weapon is the electronic control device, referred to as a stun gun or Taser.control device, referred to as a stun gun or Taser.– An acronym for the An acronym for the TThomas homas AA. . SSwift wift EElectric lectric RRifleifle. .

Fig. 8.3Fig. 8.3(a) The Advanced Taser, manufactured by Taser International, shoots two fishhook-like barbs at a (a) The Advanced Taser, manufactured by Taser International, shoots two fishhook-like barbs at a distance of up to 21 feet. Once in place, the barbs deliver a 50,000-volt charge to the subject.distance of up to 21 feet. Once in place, the barbs deliver a 50,000-volt charge to the subject.

Swift was a character Swift was a character in a series of 1930s in a series of 1930s science fiction books.science fiction books.






• The Taser delivers an instantly incapacitating 50,000 The Taser delivers an instantly incapacitating 50,000 volt shock to its target, designed to interfere with the volt shock to its target, designed to interfere with the body's neuromuscular system.body's neuromuscular system.– Under most circumstances, its force drops its target to Under most circumstances, its force drops its target to

the ground almost instantly. the ground almost instantly.

• The device can fire two barbs resembling fish hooks, The device can fire two barbs resembling fish hooks, attached to copper coils a distance of up to 21 feet. attached to copper coils a distance of up to 21 feet. – The barbs deliver a high-voltage, low-amperage, electro-The barbs deliver a high-voltage, low-amperage, electro-

shock, of durations the officer can adjust or repeat.shock, of durations the officer can adjust or repeat.

• It can operate as a projectile device or as a stun It can operate as a projectile device or as a stun device by making direct contact with a suspect's skin. device by making direct contact with a suspect's skin.






• The device is not without controversy, as available The device is not without controversy, as available research and reports on these weapons is relatively research and reports on these weapons is relatively scarce, and questioned have been raised regarding scarce, and questioned have been raised regarding a number of important concerns.a number of important concerns.– At least 150 people in the U.S. have died after being At least 150 people in the U.S. have died after being

shocked by these devices. shocked by these devices.

• While touted as an effective alternative to use of While touted as an effective alternative to use of deadly force by police, there is growing evidencedeadly force by police, there is growing evidencethat in the majority of police applications, these that in the majority of police applications, these weapons are weapons are notnot used as an alternative to deadly used as an alternative to deadly force or as a weapon of last resort. force or as a weapon of last resort.






• There is also growing concern about police use of There is also growing concern about police use of Tasers on vulnerable populations, as the devices Tasers on vulnerable populations, as the devices have been used against:have been used against:– Schoolchildren.Schoolchildren.– Unarmed mentally disturbed or intoxicated individuals.Unarmed mentally disturbed or intoxicated individuals.– Suspects fleeing minor crime scene.Suspects fleeing minor crime scene.

– People who argue or fail to comply immediately. People who argue or fail to comply immediately.

• The serious concern is whether these devices have The serious concern is whether these devices have reduced the police reduced the police needneed to use force. to use force.– Or merely permitted the police to use force on a greater Or merely permitted the police to use force on a greater

number of citizens in a greater number of situations. number of citizens in a greater number of situations.






• Departments such as the Las Vegas Metropolitan Departments such as the Las Vegas Metropolitan Police, have policies to prohibit or restrict Taser use: Police, have policies to prohibit or restrict Taser use: – 1. When a suspect has come in contact with flammable 1. When a suspect has come in contact with flammable

liquids or the suspect is in a flammable atmosphere.liquids or the suspect is in a flammable atmosphere.– 2. Where a fall may cause substantial injury or death.2. Where a fall may cause substantial injury or death.– 3. Punitively, for coercion, or an unjustified manner.3. Punitively, for coercion, or an unjustified manner.– 4. When the prisoner is handcuffed.4. When the prisoner is handcuffed.– 5. To escort or jab individuals.5. To escort or jab individuals.– 6. To awaken unconscious or intoxicated individuals.6. To awaken unconscious or intoxicated individuals.– 7. When the subject is visibly pregnant, unless the 7. When the subject is visibly pregnant, unless the

deadly force is the only other option.deadly force is the only other option.




Chapter 8:Chapter 8:Police AuthorityPolice AuthorityPOLICE ATTITIUDES AND THE POLICE ATTITIUDES AND THE

USE OF FORCEUSE OF FORCE

• A 2000 study suggested that police officers have A 2000 study suggested that police officers have contradictory attitudes toward the abuse of authority.contradictory attitudes toward the abuse of authority.

• Police officers are not in agreement about how Police officers are not in agreement about how acceptable it is to use more force than legally acceptable it is to use more force than legally necessary.necessary.– Even to control someone who physically assaults them.Even to control someone who physically assaults them.

• A vast majority of officers described serious, well-A vast majority of officers described serious, well-publicized incidents of police abuse as isolated and publicized incidents of police abuse as isolated and very rare occurrences.very rare occurrences.– Indicating their own departments take a tough stanceIndicating their own departments take a tough stance

on police abuse. on police abuse.




Chapter 8:Chapter 8:Police AuthorityPolice AuthorityPOLICE ATTITIUDES AND THE POLICE ATTITIUDES AND THE

USE OF FORCEUSE OF FORCE

• The The code of silencecode of silence remains a troubling issue, and remains a troubling issue, anda study revealed key points: a study revealed key points: – 1. Approximately one-quarter of police officers surveyed 1. Approximately one-quarter of police officers surveyed

stated that whistle-blowing is not worth it.stated that whistle-blowing is not worth it.– 2. Two-thirds stated that officers who report misconduct 2. Two-thirds stated that officers who report misconduct

are likely to receive a "cold shoulder" from fellow officers.are likely to receive a "cold shoulder" from fellow officers.– 3. Over half reported it is not unusual for officers to turn 3. Over half reported it is not unusual for officers to turn

a "blind eye" to improper conduct by other officers. a "blind eye" to improper conduct by other officers.




Chapter 8:Chapter 8:Police AuthorityPolice AuthorityTHE USE-OF-FORCETHE USE-OF-FORCE

CONTINUUMCONTINUUM

• A way police departments have attempted to control A way police departments have attempted to control the level of force used by officers in the street is by the level of force used by officers in the street is by adopting a use-of-force continuumadopting a use-of-force continuum

Fig. 8.4 Fig. 8.4 Use-of-force continuum.Use-of-force continuum.





CONTINUUMCONTINUUM

• The continuum is based on the premise that officers The continuum is based on the premise that officers should use only the amount of force necessary to should use only the amount of force necessary to effect the arrest or subdue a suspect. effect the arrest or subdue a suspect. – Officers are expected to use Officers are expected to use more more force than a resisting force than a resisting

suspect, but suspect, but excessiveexcessive force should not be used. force should not be used. – The officer is expected to use that force which The officer is expected to use that force which minimizesminimizes

likelihood of injury to the officer and the suspect. likelihood of injury to the officer and the suspect.





CONTINUUMCONTINUUM

• Many departments have incorporated the use-of-Many departments have incorporated the use-of-force continuum in training & SOPs, setting forth: force continuum in training & SOPs, setting forth: – Command presenceCommand presence - Physical presence of the officer, - Physical presence of the officer,

typically a uniformed officer, is often sufficient to control typically a uniformed officer, is often sufficient to control situations. situations.

– Softhanded control techniquesSofthanded control techniques - Refers to situations - Refers to situationsin which an officer physically grabs a subject to control in which an officer physically grabs a subject to control them. them.

– "OC" or pepper spray"OC" or pepper spray - A step up from soft-handed - A step up from soft-handed control techniques, somewhere between control techniques, somewhere between passivepassive and and assaultiveassaultive stages of suspect resistance. stages of suspect resistance.





CONTINUUMCONTINUUM

• Many departments have incorporated the use-of-Many departments have incorporated the use-of-force continuum in training & SOPs, setting forth:force continuum in training & SOPs, setting forth:– Hardhanded control techniquesHardhanded control techniques - Generally used - Generally used

when an officer fights with the suspect. when an officer fights with the suspect. – Impact weaponsImpact weapons - For the most part, the police baton, - For the most part, the police baton,

though some departments authorize use of a metal though some departments authorize use of a metal flashlight as an impact weapon.flashlight as an impact weapon.

– Threat of deadly forceThreat of deadly force - If unable to control the suspect - If unable to control the suspect with a baton or other physical means, the officer can with a baton or other physical means, the officer can threaten the use of deadly force by firing his/her firearm.threaten the use of deadly force by firing his/her firearm.

– Deadly forceDeadly force - The most common application is when - The most common application is when the officer discharges his/her firearm at the suspect. the officer discharges his/her firearm at the suspect.





CONTINUUMCONTINUUM

• Most police departments have policies prohibiting Most police departments have policies prohibiting warning shots & shooting of suspects for purposeswarning shots & shooting of suspects for purposesof wounding them. of wounding them. – Officers are taught to shoot to stop, by targetingOfficers are taught to shoot to stop, by targeting

"center mass," defined as the largest available"center mass," defined as the largest availablearea on the suspect's body. area on the suspect's body.

• Most state statutes authorize police use of deadly Most state statutes authorize police use of deadly force in instances where the officer believes thereforce in instances where the officer believes thereis a threat to "great bodily harm" to the officer or is a threat to "great bodily harm" to the officer or another person.another person.





CONTINUUMCONTINUUM• A properly drafted continuum also identifies levels of resistance on the part of citizens they encounter:A properly drafted continuum also identifies levels of resistance on the part of citizens they encounter:

– The cooperative subjectThe cooperative subject - The subject who complies with appropriate nonverbal or verbal direction. - The subject who complies with appropriate nonverbal or verbal direction.– Resisters Resisters - Subjects who do not respond to social or verbal control, but whose actions do not rise to the level of an assailant: - Subjects who do not respond to social or verbal control, but whose actions do not rise to the level of an assailant:

• The passive resisterThe passive resister - Passive resistance can be measured by degree of muscular resistance of the arm to the touch of the officer & resistance - Passive resistance can be measured by degree of muscular resistance of the arm to the touch of the officer & resistance against attempts to pull, twist, or roll. against attempts to pull, twist, or roll.

• The active resisterThe active resister - Resists in a defensive manner, attempting to avoid physical control by the officer & create space between the officer's - Resists in a defensive manner, attempting to avoid physical control by the officer & create space between the officer's reach and himself or herself. reach and himself or herself.





CONTINUUMCONTINUUM

• A properly drafted continuum also identifies levels of A properly drafted continuum also identifies levels of resistance on the part of citizens they encounter:resistance on the part of citizens they encounter:– The assailantThe assailant - Grouped into three categories according - Grouped into three categories according

to the probable harm their actions may cause:to the probable harm their actions may cause:• Aggression without a weaponAggression without a weapon - The subject closes distance - The subject closes distance

with the officer, limiting an officer's available alternatives, taking with the officer, limiting an officer's available alternatives, taking control of the situation from the officer without immediately control of the situation from the officer without immediately actually or potentially harming the officer. actually or potentially harming the officer.

• Fighting without a weaponFighting without a weapon - When a suspect attacks the - When a suspect attacks the officer or someone else. Probable physical injuries include minor officer or someone else. Probable physical injuries include minor broken bones, sprains, scrapes, contusions, cuts, etc.broken bones, sprains, scrapes, contusions, cuts, etc.

• Fighting with a weaponFighting with a weapon - Suspect actions will - Suspect actions will probablyprobably result result in death or serious physical injury to the officer or someone else. in death or serious physical injury to the officer or someone else.




Chapter 8:Chapter 8:Police AuthorityPolice AuthorityDEADLY FORCEDEADLY FORCE

• In 1967 the President's Commission on Law In 1967 the President's Commission on Law Enforcement and the Administration of Justice noted Enforcement and the Administration of Justice noted that most police departments had no policy to guide that most police departments had no policy to guide them in the use of deadly force. them in the use of deadly force.

• Most rules regarding the use of deadly force come Most rules regarding the use of deadly force come from federal statutes and case law.from federal statutes and case law.– As a rule, concerned with police use of deadly force to As a rule, concerned with police use of deadly force to

arrest fleeing felons engaged in nonviolent felonies. arrest fleeing felons engaged in nonviolent felonies. – These cases are different from those pertaining to These cases are different from those pertaining to

suspects committing violent felonies, or other behavior suspects committing violent felonies, or other behavior that represent a substantial risk of bodily harm or death.that represent a substantial risk of bodily harm or death.




Chapter 8:Chapter 8:Police AuthorityPolice AuthorityTHE FLEEING FELON RULETHE FLEEING FELON RULE

• The fleeing-felon rule was developed during a time The fleeing-felon rule was developed during a time when apprehension of felons was considered more when apprehension of felons was considered more dangerous than today. dangerous than today. – Officers in those early days often worked alone and Officers in those early days often worked alone and

lacked sophisticated communications technology. lacked sophisticated communications technology. – As more efficient means of apprehension were As more efficient means of apprehension were

developed, arrests became easier. developed, arrests became easier.

• Prior to 1985 police officers were legally authorized Prior to 1985 police officers were legally authorized by most states to employ the use of deadly force in by most states to employ the use of deadly force in apprehending fleeing felons.apprehending fleeing felons.




Chapter 8:Chapter 8:Police AuthorityPolice AuthorityTHE FLEEING FELON RULETHE FLEEING FELON RULE

• A watershed decision by the U.S. Supreme Court in A watershed decision by the U.S. Supreme Court in Tennessee v. GarnerTennessee v. Garner (1985) involved the police (1985) involved the police shooting and subsequent killing of an unarmed boy as shooting and subsequent killing of an unarmed boy as the youth fled from an unoccupied house. the youth fled from an unoccupied house. – The officer could see the suspect was a youth & unarmed, The officer could see the suspect was a youth & unarmed,

but argued that if the youngster was ablebut argued that if the youngster was ableto leap a fence, he would be able to escape. to leap a fence, he would be able to escape.

• State statute in Tennessee at the time permitted State statute in Tennessee at the time permitted officers to shoot fleeing felons to prevent escape. officers to shoot fleeing felons to prevent escape. – Pursuant to Pursuant to GarnerGarner, the Court ruled that employment of , the Court ruled that employment of

deadly force by police must be "reasonable" in order to be deadly force by police must be "reasonable" in order to be lawful. lawful.




Chapter 8:Chapter 8:Police AuthorityPolice AuthorityPERSONS KILLED BY POLICEPERSONS KILLED BY POLICE

• No uniform reporting system exists for determining No uniform reporting system exists for determining the exact number of police-caused homicides in U.S. the exact number of police-caused homicides in U.S. – The FBI estimates about 250 persons each yearThe FBI estimates about 250 persons each year– NCHS reports suggest the number may range 265 - 400.NCHS reports suggest the number may range 265 - 400.

• Research indicates that the incidence of police Research indicates that the incidence of police killings is on the decline, largely due to… killings is on the decline, largely due to… – Increased scrutiny of police & a rise in civil litigation.Increased scrutiny of police & a rise in civil litigation.– Increased training & implementation of policies & Increased training & implementation of policies &

administrative controls.administrative controls.




Chapter 8:Chapter 8:Police AuthorityPolice AuthorityPERSONS KILLED BY POLICEPERSONS KILLED BY POLICE

• Figures cited by official reports & surveys may not Figures cited by official reports & surveys may not accurately reflect the actual number of police killings.accurately reflect the actual number of police killings.– Some killings might be hidden from official records.Some killings might be hidden from official records.– Medical examiners & coroners might under-reportMedical examiners & coroners might under-report

killings by police, either intentionally or accidentally. killings by police, either intentionally or accidentally. – The rate of police-caused homicides varies greatlyThe rate of police-caused homicides varies greatly

from one police agency to the next. from one police agency to the next.




Chapter 8:Chapter 8:Police AuthorityPolice AuthorityRACE AND DEADLY FORCERACE AND DEADLY FORCE

• Probably no other issue in use of police deadly force Probably no other issue in use of police deadly force generates more concern than racial discriminationgenerates more concern than racial discrimination– Shootings of African-Americans were the impetusShootings of African-Americans were the impetus

for many urban race riots during the 1960s. for many urban race riots during the 1960s.

• Since then, similar incidents have fostered mistrust Since then, similar incidents have fostered mistrust and resentment between minorities and the police. and resentment between minorities and the police. – These incidents have prompted a substantial bodyThese incidents have prompted a substantial body

of research focusing on such police shootings. of research focusing on such police shootings. – Such research indicates a disproportionate numberSuch research indicates a disproportionate number

of police killings, approaching 80%, involve minorities.of police killings, approaching 80%, involve minorities.




Chapter 8:Chapter 8:Police AuthorityPolice AuthorityRACE AND DEADLY FORCERACE AND DEADLY FORCE

• Use of force is a relatively rare occurrence in U.S. Use of force is a relatively rare occurrence in U.S. policing, but studies suggest that when it policing, but studies suggest that when it does does occur, occur, it may often escalate to the level of excessive force. it may often escalate to the level of excessive force. – A May 2000 study revealed that most police officers A May 2000 study revealed that most police officers

disapprove the use of excessive force. disapprove the use of excessive force.

• A substantial minority believed officers should be A substantial minority believed officers should be permitted to use permitted to use moremore force than law currently allows. force than law currently allows.– And found it And found it acceptableacceptable sometimes to use more force sometimes to use more force

than permitted by the laws that governed them. than permitted by the laws that governed them.

• An overwhelming majority did not believe officers An overwhelming majority did not believe officers regularly engaged in the excessive use of force.regularly engaged in the excessive use of force.




Chapter 8:Chapter 8:Police AuthorityPolice AuthorityTHE CODE OF SILENCETHE CODE OF SILENCE

• Some of the strongest opinions expressed by officers Some of the strongest opinions expressed by officers center on the question of whether they should report center on the question of whether they should report misconduct by fellow officers. misconduct by fellow officers. – Research shows a large gap between attitudes and Research shows a large gap between attitudes and

behavior. behavior. – Even though police officers do not believe in protecting Even though police officers do not believe in protecting

wrongdoers, they probably won't turn them in.wrongdoers, they probably won't turn them in.




Chapter 8:Chapter 8:Police AuthorityPolice AuthorityMECHANISMS FOR DEALING MECHANISMS FOR DEALING

WITH PROBLEM OFFICERSWITH PROBLEM OFFICERS

• Many police departments employ “problem” officers, Many police departments employ “problem” officers, whose actions come to light when…whose actions come to light when…– Civil lawsuits are filed.Civil lawsuits are filed.– There is a questionable death of a suspect.There is a questionable death of a suspect.– There are multiple citizen complaints about the officer's There are multiple citizen complaints about the officer's

behavior on the force. behavior on the force.

• Research in police use of force has identified that Research in police use of force has identified that chronic deviantschronic deviants are a significant part of the use-of- are a significant part of the use-of-force problems for many police departments. force problems for many police departments. – Those officers who repeatedly use excessive force,Those officers who repeatedly use excessive force,

are abusive, and disrespectful. are abusive, and disrespectful.






• Police agencies should identify & target chronic Police agencies should identify & target chronic deviants before their behavior gets out of hand. deviants before their behavior gets out of hand.

• A "early warning system" (EWS), to identify officers A "early warning system" (EWS), to identify officers who may exhibit behavioral problems in using force who may exhibit behavioral problems in using force and dealing with citizens can include: and dealing with citizens can include: – 1. Complaints. 1. Complaints. – 2. Use of force. 2. Use of force. – 3. Reprimands. 3. Reprimands. – 4. Discharge of firearms.4. Discharge of firearms.






• Once an officer hits one of the thresholds, a review Once an officer hits one of the thresholds, a review his/her file that contains all complaints, reports, and his/her file that contains all complaints, reports, and investigative materials would take place.investigative materials would take place.– A supervisor would then meet with the officer for the A supervisor would then meet with the officer for the

purpose of reducing the number of incidents. purpose of reducing the number of incidents. – A number of corrective options, including additional A number of corrective options, including additional

training, transfer, counseling, and disciplinary action can training, transfer, counseling, and disciplinary action can be considered. be considered.

• While improving officers' performances, it can reduce While improving officers' performances, it can reduce the number of civil suits against the department and the number of civil suits against the department and save the careers of some officers.save the careers of some officers.

Documents

Part 3: Understanding and Managing Police Authority Chapter 8: Police Authority